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EDNESDAY, MAY 24, T f | | | § WILL GRANT FIAT FOR ACTION _ $ 9 | 1 * - i } After an all--day debate in the Legislature, Attorney--Gen-- j eral Raney's Declaratory Act, which is intended to forever stay the injunction granted to the Ontario Jockey Club against the Provincial Treasurer in the matter of the collecting and paying | over of the 5 per cent. tax on betting, was carried, without | & * | any division, through second reading late last night. 5 | | * n % ! _ Questioned concerning .hls? i s k s 5 should be granted. Mr. Raney said intention Of granting a fiat tOE a flat'would be granted upon abplica-! allow action to be brought . |tion, 'but only by a bettor, and the | h in we | |Jockey Club could combine with against the Government on | | bettors in applying for a fiat. [this® .matter, Hon. W. E.| | Four Different Courses. | s . i. I In the earl t of his \Ran o y part of his speech the :R ey dedared that the Gov | 'Attorney-i('reneral reviewed the events elofnment Vvou]d grant a fiat' but' };ih'tt ledtup to the application and . is |the granting of the interim injune-- nlot to the Ontario Jockey Club ! {'}ion at O}fgg()de Hall on Saturday of lalone. A fi s c |last week. After referring to two at would be grdnted liquor cases, one in western Ontario to a bettor who considered he and hth;:l other in eastern Ontario, "youl «. * in which injunctions had been issued Sladk cause for action. The res;rainlndg; the office}:s of the Crown ocke 1 F and mandamusing them, Mr. Raney . Y Club . could complne sa§d that in the case of la'st week cer-- with bettors in such appllca-. tain courses had been before the} ti * Government. 10n, | _ _First, the Government could have ___| piscussion Lasts All Day. [3 rrem stoeth by int Anngemmatty The discussion started immediately \Leader as "hélplefisness and --ineffi--| after the House assembled, there ]ciency." The consequence would | being practically no preliminaries | 'have been that the money _ would| | It ended a little after 11 o'clock-- have been deposited at Osgoode Hall,' and ended then, in fact, unexpect-- and probably would have 'been held e;dl_\', as 'it was thought that the there until the final disposition of é,l());ls]orvuu:'le Leader, for one, would ti]m case in the courts. By that time peak on the measure. there probably would 'be five to six| s During the deblz)xte the1 only two mmion% of dobilars at Osgoode Hall.' iovernment members who spoke, t a the Attorney--General and the Prex;l- Could Have Entered Appeal. ier, held high the 'doctrine of the | _ The second course wase to appeal sovereignty of Parliament. 'against the decision of Mr. Justice '"'The true Canadian looks upon Middleton. But in his view, said Canada as a nation; looks upon On-- Mr. Raney, that appeal would be an tario as a sovereign State, and looks admission of the supremacy of the upon this Legislature as a sovereign courts in this, and he was not pre-- Legislature, a sovereign Parliament," pared to take the view that the said Mr. Raney in his speech. He! \Legislature had attorned its position said that if the decision of Mr. Jus--| to the courts. tice Middleton stood it meant the | | _ The third course was, the Jockey | establishment of a system of Gov-- |Club having failed to pay over the | ernment by camera for the Province, ' |money to the Government, and the | and that if the Judge could hold | I hers Ras ho puriamieu o <of "ine up any law of the Legislature on | there was no _ Jurisditlion © € |the ground that a litigant was con-- | 'court. "we might have used the | testing the constitutionality, of the | |strong arm and locked the gates.| | law, then he could do the same in 'gg"?,t was not a desirable thing to respect to the laws of the Parlia-- The fourth course was to come to ment of Canada, the Legislature, and the Government Cites Notable Precedent. c naee a igw nat wrowid solte nitlle FPremier Drury cited the incident matter. f of Sir James Whitney's legislation |__Mr. Raney saidith?ttx'i in rt'l'snorl'll:ti of 1909, to stay proceedings brought plon. tt}:e ptlai?ntgfnt:m ag :fitign by Mr. Beardmore against the city ;noh?a 'Il'san% then deived into the ; of Toronto, in an effort to stop the ' !; \]e a}l' aspects of the matter erection of a Hydro--electric plant. 'purcy & in-- | j + r -- to support his argument that no in Within its jurisdiction, claimed the 1 "Tap a a h o : junction could lie against the Crown. Premier, the _ Legislature was | in th instances he quoted the supreme. _HMe claimed it had power | jnd eesr?ts in the cases of the At--| | to levy a--direct tax and that the tgrri';r;r-(}eneral vs. the Toronto Junc--| 'i\?:s ;e'gfiict(";axrace'traCK winnings | tion Recreation Club, Murdock vs. f Kilgour, and referred to the action It was a field day for the lawyers ' brought by the Electrical Develop-- in th'e]ee H?:fé 32;1 ma(?y "F;lcellifit 'ment Company against the Attorney-- speeches ivered. e =-- eral. 'torney--General made a vigorous pre-- Gen : 'sentation of his case, and Welling-- « 'ton Hay, Liberal Leader, supported the measure, but thought a fiat