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la w ? In his reply to Mr. Ferguson, Attorney--General Raney _ declared the principle of the bill to be to declare the law to be what it always had been in the Province------namely.., "that no injunction lies against the Crown, or against any Minister ot' the Crown, in any act done in per-- | formance of his duties as Minister, or against any act of his officers performed under the direction of the Minister, and that no action| shall be maintained against the Crown or any Minister of the Crown except by petition of right." * savle ul 0 g q2 1 0 y TT o og ENT .0( ) 262 --fut cccccmncnarcdu when the headmaster -- defies Mr. Ferguson asked for a clear understanding of what the Attorney-- (ieneral had pronounced to be the} attitude of the Government, com-- menting: '"Then the courts are to. be closed to everybody except by leave of the Attorney--General? Is that what this bill means? Is there no opening at all, or have we corked up every possibility of~> anybody bringing action against him or any other Ministers?" Not a New Principle, Mr. Raney--That is no new prin« ciple. Mr. Terguson----Oh, yes. Mr. Raney--Well, we will argue that on second reading. "This criticism," . continued Mr. Raney, '"'comes v'th particular ihH-- grace from a member of the House who has in season and out of sea-- son derided two members of the HMigh Court Judiciary of this Prov-- ince for assuming to act on a com-- mission to investigate certain mat-- ters in which the member was, shall [ --say, implicated." The Conservative Chieftan inter-- rupted with a point of order and insisted that the Attorney--General was misstating the facts. He had criticized as Commissioners, he said, two Judges '"selected'" by the At-- torney--General from the Judiciary He had never attacked them per-- sonally. He pressed his point of order, G@emanding retraction, o§nd Mr. Raney finally said he accepted the word of Mr. Ferguson to the effect that he had offered no per-- sonal criticigm. sStands Fast for Principle. "There is no question that the function of the Judges is to inter-- pret the law," said the Attorney-- General. ""My point is that there was no interpretation of the law. My second point was that there was no power in the courts to enjoin the Crown. These two are the very foundations of our constitution and I will stand by them against all odds." Proceeding to an interpretation of Mr. Justice Middleton's injunction, in which, Mr. Raney pointed out, the Judge said, "I am not sure the judg-- ment is properly constituted," the Attorney--General declared with em-- phasis, "I say there is no authority anywhere to interfere with the cal-- lection of revenue by this Govern-- ment or any other Goveroment." . _ Following a cross--floor digscus: m~mthy g;;,, mlglt:on 19 tolq cox:z; son of gn ordinary ro evin a With Tho paso under Aipcusslon, oe ie t dik . MR T Bc A2RC CCC E27 0 Culll? "onservative Leader asked: "I take; t you would not grant a Nat?" | Mr. Raney--Well, don't you think > hat,. We will tax people who are| »perating under a Dominion charter, and if they don't pay we will dis-' train, even if they have Dominion | train, eV cnarters. B' "a> the ordinary w, when the at It? How * aiscusigln m w #yin getion ussiog, the d: "I take ; fat?" | 'ovamn think | the have been taiten by way of injunction tO' prevent the enforcement of the collection of the sald tax; and whereas it is inex-- pedient in the public interest that pro-- cesdings should bo taken to restrain & Minister of the Crown in the performance of his duty, as such Minister, or that an action should be brought or any other proceadings taken against the Crown or any Minister thereof, or any officer of the Crown acting on the instructions of the Minister for anything done or omitted or | proposed to be done or omitted in the !exerclse of his office, including any Au-- thority conferred or purporting to be con-- 'terred upon him by any Act of this Legis-- | laturs, subject always to the right of any | person to proceed by Petition of Right; 'and whereas It is destrable to declare the law with respect to proceedings against the Crown or any such Minister or offi-- cer as weoll as the true intent and meaning of the said enactmsent in The Corporations Tax Act, 1922; W P F 1 ons Byc OR) TT agent of thoe Treasurer of Outafl?; by de-- ductin& rom the togal amount bet or wageroed op every race & sum equal to five 1 UA PRUL _ AGURITS "Therefore his MlJ'OSti. by and with the advicse and consent of the Legislative As-- sembly of the Province of Ontario, enacts as follows: | "(1) This act may be cited as The | Declaratory Act, 1922, | _ »(k) It is declared that the law is and always has been that no extraordinary | remedy by way of injunction, mandamus or otherwise lies against the Crown or against any Minister thereof or any offi-- cer acting upon the instructions of any Minister for anything done or omitted or proposed to be done or omitted in the t exercise of his office, including the exercise | of any authority conferred or purporting ; to be conferred upon him by any Act of this Legislature. L . pu hq o e en c o Hnra i Te s '"'Whereasa by. Xge Corporations Tax Act, 1922, pasgsed at the present session of the Llegislatura, it is provided, among other things, that every incorporated company, association or club conducting a race meet. ing and becoming the> custodian or de-- ository of money, bets or stakes, shall ?educt and pay to the Treasurer of Ontario or the uses of the Province, five per centum of %he amount, bet or staked, and shall pay the amount's6 deductéd to the Treasurer of Ontario; and whereas the true umnimmd mesuing of the said ro-- cited vx'O' on is that every holger of a winning tioket under the part--mutuel sys-- tem of beitting or wagering on any{race at a race meeting shall pay a tax of five per cent:m upon the amount which wou'ld be payudles to him were no percentage deduct-- ed and retrined by the company, associa-- tion or club in respect of such race, and that the said tax shall be collected by such tompany. association or club as the Referring to Mr. Ferguson's ut-- terances before a Toronto political meeting, in which he accused the Government of "helplessness" _ and with being a "collection of political freaks who grew out of the gar-- bage," the Attorney--General said he took issue on the point of the Gov-- ernment's helplessness, and advised | Mr. Ferguson to move for a division on second reading. He would leave the other reference, he said, to the juagment of the House itself. Invites Test of Strength. Mr. Dewart spoke for only a few moments on the question. He said he did not intend to take any time of the House on this occasion, but ; added that it came to him as some--| what of a surprise that the Attorney-- | General should give an interview|! to the Press intimating that the Legislature of Ontario was its Su--, prome Court, and that he intended to | take issue with the courts. | Mr. Dewart broke into the con-- troversy by asking the Attorney-- General if he had been addressing himself to the question raised or extraneous matters, whereupon the Attorney--General asked what in-- terest the honorable member for Bouth Toronto had in the matter. Full Text of Bill To Abort Injunction Mr. Hay interrupted the discussion to ask under what rule it was being carried on. LHIS AIUOR NE NCRRAIIOEC "(3) No action shall be brought nor shall any other proceeding be taken against the Crown or &any Minister thereot, or any of-- ficer of the--Crown acting on the instruc-- tions of the Minister for anything done or omitted or propased to be dor.ne (')r"?mitt'e'd -- pigbact i omee us mne +h a Qm;';'\.cu M e e ns . Ciame in tha exercise of his office, including th exercise of any authority conferred orgpure- porting to be conferred upon him by any Act of this Legislature, but this shall not be taken as affecting Or intending to af-- fect the right of any person to proceed by Petition of Right. _ , s