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x The act which they were debating * |sought to step in and override a judg-- ment of the court. He had the greatest respect for the judiciary and for mMr. Justice Middleton, but it seemed to him there _ was ample precedent for the Legislature step-- ping in and taking the issue out of the courts and saying that the case should never have gone into the courts. He cited to support this the case of Beardmore v. City of Toronto to stop the erection by the defendant of a Hydro--electric system. The action was started in 1908, and in '1909 the Government of Sir James . | Whituey introduced an act, which was passed, to stay the injunction .. sought and to stay the proceedings 'forever. Surely if that were within 'the power of the Legislature then 'the present act was also well within Scores Raney for Remarks. Referring to Mr. Raney's remarks about the judgment, he said that his utterances were out of place, uncall-- ed for, unnecessary, and, in a Minis-- ter occupying his high office, most improper. W. F. Nickle, Kingston, said the fundamental restrictions that applied to the Legislature should not be for-- gotten. It had the right to impose direct, but not indirect, taxes, and a nice constitutional point had been raised 'by the representatives of the Jockey Club, whetker these taxes were direct or indirect. In his own opinion the tax was direct, because the act purported to convey the idea that the tax was levied on the holder of the winning ticket. . L There was no conflict at all be-- tween the courts and the Legislature at the present time, said Mr. Nickle. The function of the courts was to interpret the law, and the function of the Legislature was to enact the law; but the function of the courts was to determine whether or not the Legislature infringed upon its con-- stitutional limitations. Suggests Compromise. Mr. Nickle suggested to the At--| torney--General that his department should get in touch with the repre-- sentatives of the Jockey Club to see if they could not get the bill daropped for the present, and, if necessary, get the Jockey Club to drop its injunc-- tion procgeedings. Yet, he added, he would be sorry to see the proceed-- ings by injunction dropped. It might be well that the proceedings should go on to a conclusion and have court of final resort determine the ques-- tion and enunciate the principles ap-- plying to the peculiar conditions of the legislation now being challenged. If proceeding by Petition -- of Right was the only remedy, then the Jockey Club would fail. In conclusion Mr. Nickle expressed fervently the argument that citizens had rights, and once a litigant ap-- pealed to the courts to determine those rights, no Legislature should rob him of his right to go to court. "It is a pernicious principle that once a litigant has sought determination of his rights in the court this Legislature should by retroactive legislation rob him of the fruits of his position."' Parliament Is Supreme. Premier Drury said that first there should be an inquiry into what were the powers of Parliament in a general way. They found under the British method_of government that the powers of Parliament were supreme and absolute, and of that there was no question whatever. Parliament had the power, and was amenable to the people, and '"Par-- liament is, and must be, the court of last resort." He quoted a recent Privy Council decision to «buttress this statement. * CIIIB DUCLCLUIRDUIIN® Coming then to Ontario, he said: "Here we have what we call a Legis-- lature. It is not a glorified County Council, but it is in essence A Par-- liament, clothed, within its sphere, with all the powers of the British Parliament.'"' Again, to support this he quoted from a Privy Council de-- cision issued in 1883 in the case of Hodgins vs. the Queen. in regard to a fishery dispute between the Fed-- eral Government and various Prov-- inces. Ample Precedent. its power. NPR 47' that -- first Mr. Drury then came to the dis-- cussion of the ultra vires argument. The tax imposed was a direct tax. The Jockey Club did not pay the tax in the expectation of passing it on. The Jockey Club collected it. The Premier claimed that a similar case was the collection of the amusement tax. Injunction was a method of pro-- cedure that should never be used against the King's Government, said the Premier, "I have no qualms whatever in supporting this mea-- sure," he said. "It seems to me that it is following sound precedent." Tread Dangerous Ground. CLEAN--UP DEAL MUSI BE MADE, PREMIER INSISTS DRURY AND BECK CLASH In regard to the unsatisfactory Radial situation, Premier Drury as-'l sured Mayor Maguire that the city's s | objection that it could not connect| the Metropolitan with the water§ front was being guarded against by { an amendment to be made to the : {Premicr's radial bill. \ _ Of importance, also, in the de-- liberations of yesterday morning, | was an announcement on the part of the company's representatives that they were willing to dispose of power interests without the --York | radials. '"We don't want to force anything on them," said Mr. Flem-- ing, "so long as the big deal goes !through." + 5 Chas. McCrea, Conservative, Bud-- bury, expressed the opinion that, '"in undertaking to interfere, as this bill does, with the courts of the land in a matter which is now . before them. we are treading on _ dangerous ground." The whole issue was one which brought the law to a place where it lost respect. . _As to the question of faulty prop-- erty titles, which was said to be a big obstacle to quick consummation, the city's objections were largely cleared away. G. H. Kilmer, K.C., Hydro counsel, agreed that any remaining titles might be provided for by a clause in the agreement, and R. J. Fleming, for the Mackenzie inter-- ests, said that an ample amount of the city's own bonds would be left in the hands of a trust company as security. Taking Care of Objection. Company Willing to Seil Prop-- erties Without Radial Lines Although vesterday's _ clean--up conference at the Parliament Build-- ings deseloped at times into more or less of a personal controversy, more real progress was made in the dir-- ection of settlement than was ac-- complished at the last assemblage. William Keith, Chairman of the county delegation, then announced 'that the county was willing to buy the whole of the York system, al-- though it was the Yonge street line they particularly wanted. He said 'the county would insist on its rights lover Yonge street to Farnham NCR C MERg CCC Premier Drury asked~ Mayor Ma-- guire if the city would object to somebody else taking over the radials, but the Mayor did not com-- mit himself on the point. Pha usn smwrkecarid e T t V 1 avenue.