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the Attorney--General--, had failed , 10 #. ~ the jJudgments should be binding. The | grasp the position as ou 10 3 3 court was not bound to a finalty. They | To s d rr tended that the spec-- * @ were at liberty to appeal and yet they | Mr. Garrow con nright of appeal in had no control over the Privy Council thie mention of the on' cases made it 3X just as they had no--or, at least, very the Dominion elect! lea 'to excrade little--control over the Supreme Court. clear that it ""-'.n,tle":vnh resvect to They might say in reference to the Su-- any appeal whateve preme Court that their decision on P MV Curscalion »pointed .out the diffi-- VE certain cases would be binding upon Mr. Carscallen pointe ltotl:w question Te the Court of Appeal--as expressly pro-- culty that might !fl':'_t as to whether e vided by sec. 81 of the judlcature act, were raised in the vou lts vTres of the and if they had power to say that in it was intra vires orAu.traJudge c nould reference to all cases they had power House to say "h?thme wore . to say that in reference to the specific be interfered "3 neral. in reply, asked matter under discussion. Mr. Hardy 'The Attornes= enel t h iibu;;; could mentioned other important cases which how it is possn»le' that the udge when had be»n decided upon questions, and not limit the power of t ? o eer which all of them were appealed. The reason | he receives every a(.ttlt?g (l){or:me the House said the decision must be he Aapeversve n(:med as amended. Aik, was that they might have, as en clatise A MP Foy took exception early as possible, a definite decision; | Tok CHEC given to the Judge upon that that decision should not be ap-- in the DOWer:el1f 10 postpone tHe pealable ; that they imight be able to ex parte application 0 r; np(;) ccurc] go on an'd try the case and dispose of trial until the (?evlsl;m 0 H'; polmc'd' the litigated point once and for all in-- of Appeal has been o an infustice. in aloit of having: twouly cases, twent){ ?)l\': [t)??ttthg:::' "\'\I'Eztm;;hat'nnotube co;znr iaeng proas Ti 4 Tok Tip, mnt that his Case had been postpon-- aixuse.) 'They had aifight to say the P("I"hp Attorney--General pointed out that| i cocting thair uon eleotions -- Tis the courts have already postponéed the | would 'be greatly surprised if the Su-- m'tl\):q hl}'((')Q fi--l~'!<!t1?ty.not until the Court preme Court at Ottawa undertook to P oo renin lyhaq giveh. Judement & deal with the question 'of elections re-- "fM'}")p\lVahltne'y suggested that perhaps 'f""f}g to this Pw';iln:'d:(;';?mth:fp{:; a case might have been postponed, and :,m(' al ;"i Sayf' Cuall. be fAnal. This when the particulars arrlved the ques-- }!?;:1?9( andppt';xao s'Pruv.'n('P would _ be tion as to the constables' vote mlg:\t 9 D a » & = greatly surprised af guch a course. The "",it ";'- t{\dh*:is;e ;{: vglt"'?m(('f:?-a he sub Supreme Court never had done so yet. Mr: c Fogy 4 i his voint thet th; The act had been in force nearly twen-- e _r'. "y-l':re?;em n opportunity ty years and there had never been a "P"_t i rdin ce s eril io »t1. -- )rf-i'enc'e of appeal to the Supreme of withdrawing that portion 0( his peti-- gourt. After stating that he should be tion r'elatlnlg t? the cons::'bl:;s \3;,0:.0('- 'prised if the Court of Appeal disre-- 'An"ununl ment was m e to sub--s | surpr f the House and saild tion 2 of clause 2 to cover the poaint by | f}i?i'-?v:u':da'r.\[m"h:;: \-'ha':i they ha',d providing that in case of such .wl(h-! been ssked to hear, Mr. Hardy said the dmt" al j]he o &lthout,rlh.dl-f'el: 'llousls | Government had every reason to be-- D"j\* D(én'f.._]""ill')'tfie li_lm('f'e 8 :' o i | lieve that that court would just as 7. flt o'cloc & House--rose for "'{ soon hear cases coming--before them in . ./ cThe HetivBing Officers | the form of questions as in any other :3 € * j | way. And he once more intimated that After recees the House agatn went in the cases quoted by hon. gentlemen into committee on the constables bill. cuposite there had been no fimality de-- Upon clause 4 Mr. McLaughlin (Stor-- clared by the act, whereas in the pre-- mont) suggested that the polling booths sent act the Government expresaly de-- for Provincial elections should be the | clared that the decision should be final same as in the municipal elections, and | upon all. situated fnshnogli'l)l' as possible in the | ¥ 5 _ centre of the division. Court Will Not Object. The Attorney--General pointed out ' Mr. Whitney did not suppose that that this was not a bill dealing with anybody is prepared to say that the the general character of the election Court of Appeal will say, "We won't law, but with specific features of the | take this case at all." He drew the bill, He suggested that the hon. gen--| attention of the Attorney--General to t'eman introduce a' bill dealing with| the fact, as this was an argument of a the matter. There®*had been, he re-i more or less legal nature, that he nc-- minded the House,#%everal suggestions | glected to fully explain the avtual facts relating to the géheral +election law, | with regard to one or two points which which could not b®--embodied in thls' bad been brought out. The Attorney-- act. [ General had instanced a number of Mr. Foy urged tBat legislative ac-- questions, academic and constitutional, tion be taken to prevent the deputy re-- which have been heard by the Privy turning officers from using the right Council, by the Supreme Court at Ot-- to select polling bo¥ths as patronage tawa. and by the Court of Appeal, but by means 'of 'which support could be had failed to touch upon this consider-- purchased for the Government candi-- ation, that no one instance quoted by date. He intimated: that he intended him was a litigated case. In every moving an amendment before the final § instance the question was a constitu-- stage of the bill ~thking away this y tional one or of an academic nature, as power. to what was the actual meaning of the The Attorney--General defended the | statutes or the effect of the statutes, returning officers from the aspersion | but not one affected litigation between cast upon them by the hon. member | $mith and Jones, and he suggested that for South Toronto.«:The records of 25 | o ° years show that the returning officers