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8 Bench & B.: Nat'l Legal Newspaper 1 (1938)

handle is hein.journals/bebalenw8 and id is 1 raw text is: BENCH AND BAR THE NATIONAL LEGAL NEWSPAPER VoL 8 January, 1938 No. 1 British Columbia New Legislation FORMER CHIEF JUSTICE DIES ROWELL COMMISSION HEARS ._Newegisltion____ MANITOBA & SASKATCHEWAN Enactments of British Columbia Legislature asserted to December 10th, 1937. Amendments to enact- ments in alphabetical order: 1. Adoption Act. 2. Apprenticeship Act. 3. Chiropody Act. 4. Coal and Petroleum Act. 5. Coal Mines Regulation Act. 6. Companies Act. 7. Conditional Sales Act. 8. Constitution Act. 9. County Courts Act. 10. Crows Nest Pass Electric Light & Power Company Ltd. Act, 1900. 11. Duncan and North Cowicbhan Schools Act. 12. Distress Act. 13. Ditches and Watercourses Act. 14. Dyking Assessments Adjustment Act. 15. Factories Act. 16. Fisheries Act. 17. Forest Act. 18. Fraser River (New Westmin- ster) Bridge Act. 19. Game Act. 20. Grass-hoppers Control Act. 21. Greater Vancouver Water Dis- trict Act. 22. Hairdressers Act. 23. Health Act. 24. Hospital Act. 25. Hours of Work Act. 26. Insurance Act. 27. Land Act. 28. Land Registration Act. 29. Land Settlement and Develop- ment Act. 30. Legal Profession's Act. 31. Marriage Act. 32. Mechanics Lien Act. (Continued on page 3) CHIEF JUSTICE BACK FROM INVESTIGATION After several weeks in the city of Washington, D.C., as member of the international commission which is investigating crop damage in the State of Washington from sulphur fumes from the plant of Consoli- dated Smelters at Trail, B.C., Chief Justice Greenshields is now back in his office in the Superior Court, Montreal. The commission will resume its sessions in Washington, D.C., about the middle of January. MILLAR WILL APPEAL DISMISSED The Supreme Court of Canada dismissed an appeal by Millar rela- tives based on public policy, and declared clause 9 of the famous will of the late Charles Vance Millar to be valid. The five judges were unanimous in upholding decisions of the Ontario Courts that the clause in question was valid, and it is ex- pected that the Ontario Court will now be called upon to decide which mother or mothers will get the money. BAIL IN MURDER CHARGE Criticism in some sources has been directed against the recent de- parture in the practice of refusing bail to a man charged with murder. Jakob Dawn was charged with murder and cominitted for trial after a preliminary hearing in con- nection with the shooting of a youth at Southey, Snsk., last Hallowe'en. In King's Bench Chambers Mr. Justice J. F. L. Embury made an order fixing bail for Dawn in amounts of $8,000.00 in his own recognizance and sureties totalling $8,000.00 SIR DOUGLAS HAZEN, P.C., K.C.M.G., K.C., LL.D. Sir Douglas Hazen, former Chief Justice of New Brunswick, died De- cember 27th follow-ig an attack of pneumonia. He was 77. When Sir Douglas resigned as Chief Justice of the Supreme Court of New Brunswick, January 31st, 1935, he concluded an outstanding public career of more than a half century. During this long period he was successively mayor of Frederic- ton, Premier of New Brunswick, Minister of Marine, Fisheries and Naval Affairs in the Dominion Gov- ernment and Chief Justice since 1917. Sir Douglas was born in Oro- mocto, N.B., in 1860, and was edu- cated at the Collegiate School, Fred- ericton, and the University of New Brunswick. He was called to the SENIOR CROWN COUNSEL Cecil L. Snyder, assistant Crown Attorney of Toronto, has been ap- pointed Senior Crown Counsel with the Attorney-General's Department. Mr. Snyder will act for the Treas- ury in special succession duties probes as well as handling public investigations and various forms of inquiries. At the request of Attor- n y-General Conant, he recently undertook to make a thorough probe of alleged loan-shark conditions in Ontario. VANCOUVER BAR ASSOCIATION At the annual meeting of the Van- couver Bar Association, R. L. Mait- land, K.C., was elected president, succeeding Alfred Bull, K.C. The new vice-president is Sidney Smith, who succeeds to the office which had been held by Mr. Malt- land. W. H. S. Dixon was re-elected secretary-treasurer. The executive committee comprises: H. I. Bird, J. A. Campbell, A. J. Cowan, G. L. Fraser, J. L. Lawrance, Sherwood Lett, Christopher Morrison, C. L. McAlpine, K.C., P. J. McIntyre, W. S. Owen, A. B. Robertson and P. A. White. bar in 1883 and moved to Saint John in 1889. He was a past-pkesident of the Barristers' Society of New Brunswick and the Saint John Law Society. He spent twenty-six years in the New Brunswick Legislature and House of Commons during strenuous political days and held the record of sitting in the House of Commons with prime ministers of Canada from the time of Sir John A. Macdonald to that of Right Hon. W. L. Mackenzie King. He was twice mayor of Fredericton before he reached the age of thirty, and when thirty-one years old was elected to the House of Commons. His first political success came in 1891, when he was elected to the House of Commons for Saint John city and county. Meanwhile he had left Fredericton and established him- self in Saint John. Defeated at the next Dominion general election in 1896 he three years later successfully contested Sunbury in a provincial general elec- tion. He became leader of a Conser- vative Opposition that grew in the election of 1903 and 1908 until, in the latter year, the Robinson Liberal government was defeated and Mr. Hazen was called upon to form an administration, with thirty-one sup- porters as against twelve Liberals. He remained Premier until 1911, when Conservatives swept the coun- try on the reciprocity issue. Sir Robert Borden, succeeding Sir Wil- frid Laurier as Prime Minister, re- called Vr. Hazen to the Dominion field as Minister of Marine, Fish- eries and Naval Affairs. The declaration of war in 1914 (Continued on page 3) IN THIS ISSUE Further Notes on Quebec Moratorium Act ................. 4 Review of Dominion- Provincial Hearings... 1-5-6 Sir William Mulock Pays T ribu te .................................. 8 Prairie Union Proposed In a setting of sombre dignity and solemn seriousness, provincial gov- ernment leaders of Manitoba, legal experts and economists began on November 29th in the Law Courts building, Winnipeg, the submission of Manitoba's nine chapter brief to the Royal Commission on Dominion- Provincial relations. Chairman's Introduction When the commissioners, Hon. N. W. Rowell, Dr. Joseph Sirois, Dr. J. W. Dafoe, Prof. R. A. McKay, and Prof. H. F. Angus, had taken their seats, the chairman, Chief Justice Howell, spoke as follows: 'We approach our difficult task with whole-hearted admiration for the great achievement of the fathers of confederation. Their faith in the destiny of the then North American colonies; their courage and patience in overcoming every difficulty; their tolerance and regard for the views, the rights and interests that each represented, enabled them to secure unanimity and to found the Cana- dian nation. In the same spirit the people of Canda can solve all their present difficult problems.... The Commission is instructed 'to consider and report upon the facts disclosed by their investigations; and to express what, in their opinion, sub- ject to the retention of the distribu- tion of legislative powers essential to the proper carrying out of the federal system in harmony with na- tional needs and the promotion of national unity, will best effect a bal- anced relationship between the financial powers and the obligations and functions of each governing body, and conduce to a more effi- cient, independent and economical discharge of governmental respon- sibilities in Canada'.... When the Commision has made its report it will have completed its task. The power of dealing with the report, and therefore the responsi- (Continued on page 5) SASKATOON BAR ASSOCIATION J. M. Goldenberg, K.C., has been re-elected president of the Saska- toon Bar Association. Other officers are: Vice-president, R. L. Winton; secretary, Ernest Whitmore; executive, Arthur Moxon, K.C., Stewart McKercher, K.C., H. Rees, W. B. Hartie and George Fer- guson. D. EDGAR SHAW ELEVATED TO BENCH D. Edgar Shaw, K.C., Charlotte- town, has been appointed County Court judge for Prince County, Prince Edward Island, to fill the va- cancy caused by the recent death of Judge George Strong Inman. The newly-appointed judge is well known as one of the leading barris- ters of many years' standing and one who has taken an active part in public and social affairs: Judge Shaw was called to the bar in 1907. Shortly after he entered into partnership with the late I-Ion. A. B. Warburton, M.P., under the firm name of Warburton and Shaw. After Vr. Warburton was appointed judge of Probate Court Mr. Shaw continued to carry on the law prac- tice under his own name. In 1910 Judge Shaw was appointed magistrate for Queen's County, a position which he retained until recently. The Press on K.C.'s The Ontario Government is to create 150 more K.C.'s, the news in this item being that there are that many hitherto overlooked. We'll soon be as bad as Saskatchewan, where half the lawyers carry the title. If the Ontario government is not careful, K.C.'s will be as common among lawyers as iron crosses were among Ger- man soldiers during the war. -Toronto Daily Star. What about all those lawyers who woke up on Christmas morning without any K.C.'s in their stockings? -Niagara Falls Review. SASKATCHEWAN BENCHERS A. E. Cairns, K.C., Melfort, Sask., has been elected president of the benchers of the Law Society of Sas- katchewan, succeeding P. M. Ander- son, K.C., of Regina. W. M. Rose, K.C., Moose Jaw, was elected vice- president for the coming year. ONTARIO LAWYERS CREATED KING'S COUNSEL In a Christmas list recently is- sued, Attorney-General Gordon Co- nant has announced the creation of 117 more King's Counsel in Ontario. Included in the list are four new Legislature members, a former judge and chairman of the Trustee Board of Canadian National Rail- ways, three high-ranking Queen's Park civil servants, and W. C. La- Marsh of Niagara Falls, one of the first volunteers to enlist with the Canadian contingent in 1914. The names follow: John Bell Aylesworth, Windsor; R. D. Arnott, M.P.P., Belleville. A. W. Beament, Ottawa; G. D. Becking, Sault Ste. Marie; Joseph J. Bench, St. Catharines; Sam Berger, Toronto; Ralph C. Bone, Guelph; William Brown, Ridgeway; J. A. Burrows, Ottawa; A. W. Burt, To- ronto. Tracy Carmichael, Sault Ste. Marie; J. W. Carrick, Toronto; R. N. W. Chitty, Toronto; K. A. Christie, Toronto; Abraham Cohen, Toronto; J. L. Cohen, Toronto; J. M. Cooper, M.P.P., Sudbury; W. W. Crow, Port Colborne; Samuel Crowell, Toronto. T. J. Darby, Welland; E. G. Dixon, Hamilton; Clarence C. Downey, To- ronto; D. F. Downey, Toronto; Harry C. Draper, Toronto; Philippe Du- bois, Ottawa. George E. Edmunds, Toronto; Alex. L. Elliott, M.P.P., Peterboro. Frank Fingland, Clinton; R. L Ferguson, Toronto; C. R. Fitch, Fort Frances; Stewart Fleming, St. Cath- arines; Charles G. Fletcher, M.P.P., Leamington; P. J. Flynn, Preston; Harold G. Fox, St. Catharines; Har- old Fuller, Sarnia; Hon. C. P. Ful- lerton, Toronto. Jean Genest, Ottawa; W. E. Good- win, Stratford; A. Kingsley Graham, Toronto; G. Howard Gray, Toronto; Allan R. Graydon, Toronto. Charles Hamm, Toronto; W. G. Hanna, Toronto; Brook Henderson, Toronto; W. H. Herrington, Kings- (Continued on page 2)

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