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'"While I am in favor of every move necessary for the enforcement of the Ontario Temperance Act," Major Tolmie declared, "I hesitate very much in having any act that acts in such a way as to leave the impression that the people of the community are not receiving a fair deal and a just trial. 1 As mover of the minority report, Major Tolmie explained the convic-- ' tions of the men who signed it. He g declared emphatically that Attorne_y- | General Raney, who now opposes it, was present at the committee meet-- ing which voted unanimously for County Court appeals. In moving the adjournment of the discussion the Attorney--General gave as his reason the fact that O. T. A. amend-- ments were pending. He challenged the sta.tem'Qnt. however, of tWe mem-- ber for Windsor as to his presence at the committee when the matter at issue was discussed and carried, whereupon Major Tolmie promptly read from the verbatim reports of proceedings to contradict him. Mr. Dewart vigorously opposed adjourn-- ment of the debate, as did Hon. Mr. Ferguson, who alleged on the part of the Government another attempt to _ evade responsibility. In introducing the report Major J. C. Tolmie pointed out that the eleven members signing it really constituted half of the number of committeemen considering O. T. A. matters. Of the 24 members or-- iginally named there were two who never attended a committee meet-- ing. And on the day the vote on the question of appeal to a County Judge was taken there were absent members who favored such an amendment to the O. T. A. Attorney--General -- Raney -- intro-- duced the main committee report, and Major J. C. Tolmie, Liberal member for Windsor, introduced that of eleven dissenters, The dif-- ference between them was that the main report recommended B. O. L. A. appeals to a high court on the evidence taken at the trial before the Magistrate; the minority report urg-- ed appeal to a County Court Judge, with no restriction as to evidence-- taking. It was argued that the sub-- committee had taken undue liber-- ties in putting into the main report the recommendation it contained. "TLolmie and Raney Clash. Fo. . brief moment yesterday it appeared as if the Legislature would divide on an issue as to whether the House should debate now or at some future time the minority report of the special committee on O. T. A. legislation. Party Whips consulted leaders and scurried hither and thither in anticipation of the im-- pending vote. Then suddenly Hon. G. Howard Ferguson receded from his position alongside Mr. Dewart in pressing for discussion and the Lib-- eral Leader decided not to press his opposition to adjournment. 0.T.A. REPORTS START BIG ROW INLEGISLATURE Say At' :\.\""]'-General Ap-- pro $' 1t Meeting of A a~ .e Proposal Major Tolmie Upholds Right of Appeal to County Judge RANEY 1L,sN0PP OS ED WEDNESDAY, FEBRUARY N7 AC NC ons Claims Right of Appeal. '"We are all aware that there are certain clauses in the O. T. A. that are peculiar clauses, which put upon the defendant the burden of proof. I claim that a man should have the right to appeal his case if he thinks he is not receiving justice. There are Magistrates and Magistrates, Magistrates that are good and Magistrates that are perhaps more or less indifferent in regard to the quality of their goodness, Magis-- trates that are prejudiced--some in favor of the O. T. A. and some per-- haps against the O. T. A." Anticipating Attorney -- General Raney's opposition to the report of the eleven committee members, Ma-- jor Tolmie went on to emphasize that the main committee itself voted unanimously on the question of the right of appeal to a County Judge. The sub--committee, for an unex-- plained reason, ignored completely the unanimous finding of the whole committee and brought in another suggestion which was contained in the main report. The main report recommended, he explained, that ap-- peal should go to a higher court; the eleven members signing the amendment recommended that ap-- peal should go to the County Court. Expensive Appeal. '"Why drag a man from the ends of the Province to the city of To-- ronto?" Major Tolmie asked. "He has to bring his witnesses down and pile up a great deal of expense, in-- stead of having his case disposed of 'in the county where the man be-- longs." S j The _ Attorney--General rose -- to move the adjournment of discussion. He denied Major Tolmie's sugges-- tion that there was a unanimous decision of the committee to allow the bill along the lines of the mi-- nority report. Major Tolmie and H. H. Dewart, K.C., both reterred the House to the verbatim proceedings of the commit-- tee meeting, which, they stated, did not at all bear out the contention of the Attorney--General. When -- the Attorney--General finally _ admitted he was not just sure of the exact circumstances Mr. Dewart exclaim-- ed: "If 'the Attorney--General will It would not clutter up the County Courts, as had been argued by the Attorney--General, declared the member for Windsor. He quoted in opposition to the Attorney--General's contention the statement of J. W. Curry, K.C., Southeast Toronto, to the effect that only one case out of 25 or 50 would be carried to ap-- peal. And Mr. Curry, emphasized Major Tolmie, was a man who had had a great deal of experience with O.T.A. law enforcement. '"It is not right for any man to argue,'" said the speaker, "that if this amend-- ment is carried it would help to clut-- ter up the County Court." "I am speaking in the interests of the O.T.A., and not against the O.T.A.," he proceeded. "I am say-- ing that when we have a law such as the OT.A. upon the statute books, a law that goes beyond the ordinary law, where the burden of proof is upon the defendant, where he is haled before a Magistrate, having no election at all, I say if that law is to be respected throughout the length and breadth of our land and endorsed by the people, then the people must feel that there is no injustice behind. We can have an effective act only when wao have the gog'('l-will of the people behind 4t.'" '"Where a man is a defendant with a thousand or two thousand dollars at stake let him have the oppor-- tunity of taking his appeal before the County Judge, a man who, by training and education, is surely able to give a better judgment than the Magistrate. Must Have Good--will. Another variance between the, main report and the amendment, ho pointed out, was that appeal to the higher court should be upon the evidence submitted at the orig-- inal trial before the Magistrate. This was not just, Major Tolmie ar--| gued, because there was no accurate, report of the Magist#ate's trial made, the Magistrate jotting down| just such meagre details as occurredl to him, and which he had time to! note.. '"Evidence of that kind," he | declared, "would not amount to any-; thing. | 1921.