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TUESDpAY. MAY 23. /--,#'--------'---__-'------------ y Bri D Declarator Attorney--General Brings Down De Y + * * Act to Set Aside Injunction Secured to O.J. e L C.--Firmly Declares, in Reply to Strong ¢, ® _ o j Criticism, That Courts Have No Power to « * * . Restrain Crown or Ministers--If Money Is * ® * # Not Paid Government Will Distrain Attorney--General Raney introduced for first reading into the Legislature yesterday a measure, called a "Declaratory Act," the effect of which is to nullify the injunction order issued by Mr. Justice Middleton, granted on Saturday to the Ontario Jockey Club in respect to the collection of the 5 per cent. race track wagerings tax under the new Corporations Tax Act, 1922. ' & Second reading will be given W hat Manuer Of Man?" the bill today, and it will be i "The person reading this remark-- o ble outburst of the Attorney--UGen-- rushed through to .Royal as | laral." desiared y Ferguson, '"mas sent. A pl'OVlSlOII in the b]]l 'well ask, 'What manner "g,,.mm(l. 18 M + 'this, our Attorney--General? NEkl ~enacts that it shall come into lifs be ht samenan who has so in | force i j iv-- 'dignantly denounced myself and :fome immediately upon rece [Hifers Tor areicimine the activities of e ilng Royal assent. tsome of his (-()mmissiun(:xs, hoc:fu..-r:' | x . | |forsooth, they were members of the | Hon. W. E. Raney. Hon. (!._' i.l'ild'l()'.ia--l'y. and therefore should 'be |H. Ferguson and H. H. Dewart immune from criticism, although the | * * + ' work criticized is outside the seops engaged in a warm discussion ot their judicial duties. _ | | 1 j | '"'This statement by the Attorney-- lof the't.nll which necessitated Genetal. of the Province is a very the raising of points of order grave reflection upodnithe mtegr;r) | of the Judiciary, an s a gross in-- 'and one appeal to the Speaker. Sult to the Wholo Renen. | _ In this discussion the Attorney--| "The Attorney--General | entirely t General firmly declared the inten--| ;Ilifi'tfitllkes fatntil ml?'sprtfset';'"] tn'zl q t i. . 3 unction o e courts o e iand. Elon of the Gor grnment Fo (.ollou the' It is the work of the Legislature to a per cent. tax, even if it had to | enact the laws. It is the function of distrain on the property of thp' the courts to interpret the laws so | 'track owners. He declared with em--| enacted. It 119 thefduty 0}: tllw Attor-- | i j oti | ney--General to enforece the law as so phasis t'ha; no .mJunthonl such' as: [interpreted by the counts, the one in question could lie against' the Crown or any Minister. | Fountain Hoad of Justice. I | Referring to a reported speech of | # | Mr. Ferguson's, in which the Con-- i '"'The Attorney--General is the head | servative Leader is reported as re-- of the Legal Department of the ferring to the helplessness of the |Province, and should be the foun-- j Government, Mr. Raney invited Mr. tain head of justice. In obediencs Ferguson to test the strength of the | of the law, as well as in the enforce-- Government by pressing for a di-- ment, he should be the example to vision on this question. !the general public. The bill sets forth in the preamble | "It will be a most outrageous vio-- that it is '"inexpedient, in the publicl lation of the very fundamental prin-- interest, that proceedings should be qftple of our constitution if the law taken to restrain a Minister, or that | officer, whose duty it is to carry an action should be brought, or any; out the law as interpreted by our other proceedings taken against the | courts, is to 'be permitted openiy Crown or any Minister, subject to | and brazénly to defy the law and to the right of any person to proceed | re to obey the courts. by petition of right." ".g?e'the courts of the Province |__ Section 3 declares that no ac-- a'nd"thé Judges to be intimidated by tion may be brought against a Min-- the A ornggsGenetal of the Prov-- ister, or any offticer of the Crown, in ttgr?g? Is the law to be interpreted connection with official duties. the courts constituted for that Section 4, dealing specifically with purpose or by the Attorney--Gen-- the Ontario Jockey Club case. says: erz't'l? "Any action heretofore commenced These are most serilous and im-- Te en ie beintiiarcrvenrerterc en _ _ portant quest!ons. or _ any -- procecdings heretotore taken, in respect of the Corporation Calls It Autocratic. & Tax Act, 1922, and still pending, and sory any order by way of injunction here-- ass:'m?a(?m .&tltlmawé;;e of the power tofore made in any such action or G'en'éral }'oy con rgf' 59"" _d?.ttorney- proceedings against the Crown or. ipistrates in thel %h m'ie" the any Minister thereof, or any officer,| o€ fhea 1 etidhefm stratton . : shall be, and is hereby, forever| | hi W o mal instantes stayed." f ; }I}" »m. t n} ,V_. A .L i'» A haw 4 One paragraph gsets forth that, for | r No 6 F6 & ,'fi""."" a 9 the purposes of the Corporation Tax | ,' atli(6© f;?'.' ""fi fi %gm @ Act the racing clubs shall act as | "Yength -,':_, a@afnh& tb the Supremé& agents of the Province in collecting 0t udges "or 'flouting -- their the tax. authority. i First criticizing severely the prin-- | His is the first time in Onta ciple of the new measure, Hon. Mr. thag we 'Iave fl{ such an exhibitilg: Ferguson went on to give his opin-- of 'brazen and In#o ent contempt of ion of the Attorney--General's state-- our Tudges, and the rave ans re-- ment, following the issuance of the gr 0%','10 'fTeature Of'lgr Ig that such famous injunction. cond 0}' comes from the Attorney-- o Ocheral of the Provincé.