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He said he had not had any com- plaint as to the payment of the 5 per cent. tax. The Legislature had passed the bill, and the Legislature had been practically unanimously agreed . that the bill should go through. Exception had been taken to the hill. and the Attprrysy-Gerikrai of the Province had asked for a new bill confirming the bill of last week. He, for one, believed that the tax was right last week, and he believed the bulk of the people were behind him. He was prepared to give sup- port to this new bill, hoping that the Attornesr-diiariii ought to be willing. in all fairness: m .__-_i ' the Wellington Hay, Liberal Leader, referred to the fact that since March 29, 60 bills had been intro- duced into the House, 50 from the Government side of the House and 44 by Ministers. There had been a [great deal of discussion on the legal laspects of the bill that had been put \through last week, but what the 'people wanted to know was if they were prepared to support in the Legislature the proposal to place a 6 per cent. tax on betting. The bill heretofore had been viewed solely and wholly from the legal point of; view, and no one that he knew of objected to the tax being levied. i Hay Supports Measure. We are not Little Canadians This Legislature is not a little body. I may be called a little Attorney-Gen- eral. I don't resent that; I, do re- sent t3eing called a [little Canadian." The question involved in this bill was not dissimilar to the question involved in his Privy Council Repeal Act. After giving some figures as to the greatness of Canada, he con- cluded: 'Ttt is not); little country. I w. F. Nickle, Kingston, asked him, lit he would have granted a fiat if it had been applied for, but the Attorney-General said he preferred not to say anything at all on that---. his general proposition covered the question. Not 'U Little Body." Since he had been in office. said} Mr. Raney. no fiat had been refused', in any case in which there was any' proposition put forward that there was anything to be argued, that is between the plaintiff and the Crown. not between someone else than the plaintiff and the Crown He read a letter embodying these iiews, in which he said he agreed with the views of a British Jurist' that "it is the duty of the Attorney- General not to refuse a fiat unless ' the claim is frivolous." "This decision means the estab- lishment of a by-camera system of Government for this Province, the creation of government of a. Senate that will revise our laws," said the ',dt,a",'I,-fti"iftl; This Senate Woul not be able to initiate legisla- tion, but practically be able to vetol it. The Judgment Issued on Saturday involved the proposition that a, Judgment of a. court could hold up any law of the Legislature on the, ground that the constitutionality oi" the law was to be the subject of; litigation. If a judge could do that,' in respect to the laws of the Prov..) Unce of Ontario, he could do that. in respect to the laws of the Parlia- ment of Canada. If he. could de- Pclare one law unconstitutional, he could declare another law unconsti- tutional. . Establish Ontario Senate. I ---_- vugnnt t mr, in all fairness, to cm peoplewho believed they Hon. Mr. Henry's reference in his speech of the evening before to "'Little Canadians" was sadly mis- placed, said the Attorney-General. "Little Canadians are those who look upon Canada as a colony. and who look upon Ontarloasasubor- dlnate state. and who look upon this Legislature as an exalted county council. The true Canadian looks upon Canada as a nation: 1oorts up- on Ontayin as a soverelgn state, and looks upon this Legislature as a sovereign Legislature, a sovereign Parliament." Defines "was Canadians." Rant to my were . new. uttawa. said that me was quite in favor of the Attor.. ney-Genera-l's attitude in levying the ii per cent. tax. He did not wish to be understood in any way as opposed to the principle of the act. He said, however. that it was aIWays a danger- ous matter for the Legislature iii declare what was the intent-ion of the law, - "_- yllC In" a... ....crpret the mlsconcelved law, 9that he enacts." l, Mr. De-wart proceeded to show the occasions on which, he said. Mr. Raners legal opinions had been shown to be fallacious. referring to "last night's surrender" in regard to expenditure for other purposes or moneys borrowed for Hydro. H. P. Hill, West Ottawa, said that he was quite in raVor of the Attor- ney-Genera~l's attitude in levying the 5 per cent. tax. He did not wish to be understood in any way as opposed to the principle of the act. He an" however. that h m" . v--v ' .UV "It is a case of 1t/otyyrv-dGi'iiidf ible Government. the supreme lawn lJudgment upon the lthat Interpret the {that he enacts." _ Mr. Dewart proc occasions on Whic Ranewtl legal or shown to be fallen "last night's surren expenditure for at monere borrows". - -_- my "'ut-H9enaence of the Judi- 'ciary. The question is, 'Shall the yt,f,Tysr-dkn2/iii", the only lawyer in a Farmer Government. be supremr over the Legislature and over the courts of the Province?' "rt " _ - "my concesmon. however. he was informed that, as a jockey club had no interest in the moneys of a. bet- tor, its application for a fiat would have to the on the point of the right of the Province to compel them to collect. A better might secure a fiat in respect of the moneys collect- ed from him. Later, however, he said that the Jockey clubs could combine in an application tor a. 'fhtt with an individual. I Mr. Dewart characterized the At-l 1yrtv-Generdpi, reservation as "loading the dice and expecting us to play with You." Attack on Judiciary. V f "It is not a. question gr the su- premacy of the Legislature," he went on. "It is a. deliberate attack, upon the independence of the Judi- 1 Clary. The question is, 'Shall the} iut?rnesr-usrG".ir rim mm- "-77 ' When Mr. Dewar: p: interpretation of the J eral'a concession, howe informed that, as a Joe 'no interest in the mom (tor, its application for L--»7 . " I He paused in his address to ask? 1Mr. Runey if he would grant a fiat. the only recourse left to the Jockey 'Clubs under the new legislation. Mr. 1lane.v---S'ince the member for Kingston has raised that question 1 have given further consideration to the suggestion. There is no reason that I know of that, upon applica- tion being made by a claimant hav.. ing interests in the matter. a fiat should not be granted, and I will certainly grant a fiat. , Mr. Dewart declared that no legis- I 'Iation the Ontario Government could I pass would change into a. direct tax I that which was an indirect tax, and therefore one to be applied only by tho. Dominion. And when the At- torney-General undertook to deny forever the right of the persona affected to contest the measure, he was doing something that no Attor- ney-General heretofore in the British realm had undertaken. It was in violation of the very principle of the l Magna Chartu. Will Grant Fiat to Bcuor. aggrieved the right to test out the legality of the legislation passed last week. After suggesting to the Attorney- General that the proper procedure on the part of his department would have been to submit a stated case to the Appellate Court, H. H. Dewart, ICC., Liberal member for Southwest Toronto, went on to declare that the Attdrney-General't' measure was an effort to legalize the Province's effort to assume Dominion powers by imposing a 5 per cent. tax, where the Federal statute tmec1f1cal1ar stat- ted the maximum should be 3. illis Own Interpretation. I Tho. Attorney-General. said Mr., Dewart. was begging the whole ques- tion when he sought now to amend the. law and to place upon it his own ', jmlit-ial interpretation. He read from the preamble of tho bill, which. l, ho said, showed clearly "that it is the; intention to ask this House to ' amend, construe and reconstruct the i 'mensure which came before us last. Thursday." , f se of dictation by the anal 'ot an lrrespons~ :ent. who desires to be lawmaker and sit in n the courts of the law the miscnnnnhmJ . characterized the At- " reservation as dice and expecting us of we UttoriieirR;eT' There is no reason , that, upon applica- r by a claimant hav.. the matter. a ttat granted, and I will . in rega pa purposes Hydro. Dressed fur an laws