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December ' _ t t . . ' ithat the section as it stood lave! 'lue,,ru would be nullified, he) , civil servants the right to break the Colonel Fraser Hunter (Lib., St. i law with impunity. In committee? 2,torietk,,stt,"eittt,rt1 :ZaELhe bill "gas stness or i thee. he moved an amendment any Legislature to pass." He would hat the words in private capacity" fight, as he had always fought, he . be struck out, and it was defeated said, against the efforts of any Gov- on the Chairman's call for yeas and 'get" to usurp the Powers of the If nays, . "We mustn't be rubber-stamps At second reading of the Judica- here," he added. "If this isn't a fit ture Act amendment, Mr. Macaulay bill to be passed we, as legislators" --------- , noted that the Government had de- are not fit to hold the positions we l cided to me d th t hold if we pass it. It gives thou- Has Mandate f0 (ibet Every . . a n e amendmen sands of people powers which they D n , ibl H b i restricting the scope of immunity to shouldn't have." 0 Of om c, " urn I the succession. duty officials. Leslie M. Frost (Cons., Victoria) Tells House "Why, if this act _were passed as recalled the Raney legislation ot framed yesterday, it would mean 1922 which the Government, he said, ---..-------- that those who are bringing an ac- claimed to be a precedent for its TESTS OVERR|DDEN lion against the honorable the Min- present action. At that time Hart- "ttto lister of Lands and Forests (Mr. ley Dewart, Leader of the Liberal _ L --...._.__.. (g','ina,9cvo/t'.1,,d It, 'it, Pg', to pro- Otpposbition. had acc:sed Mr. Raney " . .. t e ' sa r. acau ay. 0 "a ro atin to imself iudicial , Unmoved by the Opposition's pro-t l"Al_so, it would prevent a similar functions?" HE admitted thag frivol- !tests that the amendments rel 'tlion. from going ahead against the ous vexatious actions should. be 1strictcd the power of the courtsl _i',.Ce'f",hs, frtehi,sisi.t,'g; (Milt. God- 'ifJf,',itifd' but he held that the Hep- . . . . , rev ' w 10's eng sue in is pri- urn Cabinet in its stand against and gave authority ttit1vi2,e,,rl1n/v'.' Hate capacity. As the act stands, the estates was taking away the to break the law with mpun y,' {do you want to give 2.000 civil serv- access to the courts of British sub- the Hepburn Government Thursday lants In the Province carte blanche? jects of a British Province, and in advanced its special legislation to ll am. sure that is not the Govern- so doing, was "getting on dangerous h int where it now needs only; ,ment s "Itr"ion. If the??? any. ground." t e po . - R ' l! lining tho Government wants in the There was, in his opinion, no real the formal third reading and oy'a i lway of extended legal authority, put, reason for the Government's hurry Assent to become law. This will be 2 it in '1'th 'eJtis'ii"."ngyir, Act and in the situation. A few months' de- tion will {We WI ttRWM? o I . u is s put-, lay did not matter, in the light of done today. and proroza l ting a noose around the necks of the; the "protection" available to the _ fol ow. . j',,":',!'),',': I think even the ex-Attor-l Province in penalties provided, Premier Hepburn brushed aside (ney-Gtnttr.t.tl. (Mr. Roebuck) will: under the act, and in interest andé the objections of the Oppositionl 'agree to this as a lawyer." I costs usually charged against the with the emphatic statement that :Macaulay "Disillusloned." I appellant"? an); tvacation;I action. " . . . It . A ' . . uo Ing e quo a ion at e mast- l haltle a 2".led', (tie,',',,'?,).,)",',',)) lr Macaulay further objected'l head of The Globe and Mail, Mr. to co ect a success a. - Frost argued that that injunction we are going to get tvery Itgst dd" that the ',ityt,su',rdrti"'n, reagent; should forever obtain, and that the in due the Treasury. . I 'tel,',",',",',',")',') retin the act") in any Government should abandon its leg- The Prime Minister emphasned' rom n 'I?he lifu'e I iruier said he islation and trust to the courts to that it was not the intention or the ','Ql"t'iin . disillusioned: m. the fact determine what was right and what; function of mi! f,'t,gigT"'i,tut/' '12:; 'lid', sthe )present' Attdrm/r-Gendrat was not. i '8fSf,, $332059? :2; 'el: to it thati (Hon. Gordon Conant; was not "the Amendment Is Moved: " . m of the people was not chu. safe and sound At.torrr.vfey.eral I; In movmg the words Ot' Priv.ate . the w . i. . , . thou ht he was omg to he." capacity" be struck from the Im- ' cumvented by estates which have ft ft . l . . . I fl tl nd coiti-bloodedlv evaded The Attorney-General was trying mumty section of the Judicature:' "in" J: , to r /atiitJutions ' to "out-Roebuck Roebuck," observedl , Act amendments, Mr. Macaulay i pay ng h o rt}? Pe : Mr. Macaulay. When he made a, (claimed that the section as it stood: undert e ac. _ , jocular reference to Mr. Roebuck; "gives civil servants the right to; Liberal M.L.a. Joins Attack. s as the "root and branch man," the' ;break the law with impunity." I Second reading and committee,' former Attorney-General comment-l , Were the words to be omitted,' stage were achieved by tne amend- ed that he had made "a good jobl submitted Mr, Conant, opportunity ments to the Judicature Act and of it." l Ifor endless litigation over proper; the Succession Duty Ail! tttttif, "I don't know on ll hose doorstep; tinterpretation of an otficial's scope' not before! strong attac rom e that trouble will eventually be", Conservative group. led by Leopolld retorted Mr. Macaulay. intimatingl of action would undoubtedly fol- _ Macaulay. House Leader. and Col- that the Hydro legislation sponn low. one! Fraser Hunter. Liberal mom. sored by Mr. Roebuck would "gum! "it would he alleged," said he, her for Toronto-St. ',',',tg,t,"i,.rt,'l come to the fore at , later date. I "that officers were exceeding their protested against the members tt Mr. Macaulay criticized the word-g authority." . the Legislature being made rub- Ing of a section which substituted "And if they weren't exceeding ber stamps." . the word "may" for "shall" m the: their authority," Mr. Macaulay re- Mr. Macaulay warmly criticized matter of valuating estates. Tris, turned, "actions against them the Succession Duty Act amend- should be made mandatory. he de- would not succeed." . . ment providing that penalties im- clared. In Section 6 of the Suc- "They would succeed m tying up . posed under this act may be re cession Duty Act amendment there] our proceedings," Mr. Conant said. covered under the Summary Con- was a very drastic change, Mn; Premier Hepburn said that the' victions Act, "and shall be payable Macaulay said. Here. too, the word; position of Treasury officials in in- to the Treasurer." The Govern- "shall" had lyyy,,llf.tf,d P. favor of. vestigating these estates was "not ment's move. he argued. was Just! the word "may, and this was al, an enviable one." In the recent another example of tampering Tut, dangerous procedure. he stressed. i 'Booth estate inquiry, said he, the a situation of long standing and 0'. Explained by Conant. ', :solicilor for the .est.ate had argued taking unto itself authority vested) Attorney-General Conant, who isl Ethat the Cttpmissi?ner appoinzedt in the courts. piloting the legislation through the! under .the uSuccession Duties it c" "If we are ttointt to get this act; House, did most of the replying i'orl was acting in a private capact y, above politICS." he said. "we should! the Government. He denied that and on the strength of that.argu- abandon this amendment." u there was any interference with thel l ment had succeeded in obtaining an Premier Hepburn refused to em; functions of the court. declaring'! {injunction agetht the Govern- tertain the suggestion. '; that the Province was supreme; imcnt's proceedings. Although the Government within its own sphere of jurisdie-l (anticipates Attacks. _ brought in an amendment to the. tion. and that it was for the Prov-l "The argument was pure fiction. Judicature Act amendment. restrict- ince to make laws and for the. '0'. course," said he, "but it sue. ing immunity from the courts .ttr courts to interpret them. l .cccded. It shows that we have to the Treasurer and those engaged in, "The courts have no more righ_tl anticipate all sorts of attacks administrating the Succession but)" to tell the Province what laws it? against the Treasury." Aet, Mr. Macaulay and his follow-', should pass than the Province has) Attorney-General Conant would ers still found plenty of room for ithe right to tell the courts how fol not agree for the moment that the improvement in the wording of the iinterpret the laws." said Mr.) section as drfafftedl would tfmti,tdlllv, measures. Conant. I Treasury 0 tom o .'.' o Chief among the objections of the In outlining the reasons leading harm" and get away .with it: Opposition Party was Subsection 2 up to the framing of the amend- "He can under this law, said of Section 32a. which provides that ments, the. Attorney-General said Mr. Macaulay. no remedy by way of injunction, the necessity for these amend- "The Criminal Code would take. mandamus or other legal process ments had become apparent when care of any such Situation. put in shall lie against the Treasurer or an Injunction was obtained .rt- Provincial Secretary Nixon. his appointees engaged in carrying !straining a Commissioner appoint- "Perhaps," said Mr. Macaulay. out the provisions of tho act, led by the Government from inves- "hut as far as a civil action is. ,"whether in any such person's pub- tigating a certain estate. Unless concerned he would" have no'. It or private capacity." laction was taken. the whole effect ref'ci'LhrseTto the wartsi t prosecut ' e reasurer is o - P'.','.','.'?.":'.'.'.,? Beaten. ing any one," Mr. Hepburn "id. this clause drew sharp comment "We intend to be fair and reason- from Mr. Macaulay. who charged able." ---- -- "Maybe you would be," said Mr. Macaulay, "but some of your oilfi- cials might not be."