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March 16. ¢.§,2 and heving m mng inw athos'| [ Couct of Appes! ana the essential aving in mind the accus-- basis of their jud NC ation that huLb':en made against asis 0o eir gme the Premier, I ember very vivid--| | Confirmed in Doubts. ly my discussions with Dr. Hogg as Let me say that I have and I be-- to the attitude of the Premier to--| | lieve we all have the greatest re-- ward these proposals and how we spect for our courts and particular-- Thep, aihe broping am Shaike is | | Pae mm anere remnenind nc em. e Premier had left no fdoubt in my mind as to his attitude generally regarded as enunciatinig and that he was unalterably opposed| £ood law. One must be very opti-- |to any settlement, but was deter-- mistic indeed to hope to obtain a \ mined to fight the Beauharnois litl _ reversal of a judgment cgncurred gation to the end, bitter or sweet g'm?r"; nlg: -{:dg: t;{n:rrmt:l:::e&: no is mhient be. When the iinal M had to decide whether to risk the definite proposals to which I have let |referred _ had been formulated, it 5":"3' citlmtl:lc"s:t't)ll:eal 't"' compietle became a matter of very great im-- { a:r';.[r:nl: Us saynt'l::tsfrom what mrtdance' Ahe ; rge:\cy ;,h.tldt:: aS. knowledge of the law I possess, I re:lta?n:d "\:v'ith;:'tn ;:l:ym:nd ih.a't would hesitate very seriously before If at all possible, we should per-- | 24Vvising any client to assume such | suade "him to authorize the settle. _ | 4 Tisk, particularly, when the conse-- \ ments Dr. Hogg had negotiated. and | YUeNces which would follow an ad-- f. Iatinetlic | verse decision would be so serious I recall very distinctly that I un-- .and far--reaching. My very grave dertook with Dr. Hogg to do what doubts were, furthermore, substan-- t could to persuade the Premier and | tially confirmed by Mr. Carrick of I understood he would do the same. . | the Legal Department of the Hydro, So Dr. Hogg and I "";' "; "'"':'* | who was very familiar with this gAnging up on the Premier, a . | whole case, and by R. S. Robertson, ?houlh he did not know 't .nd this | K.C admntedly one Of the lead' fe ppholy the first time he has| [ ing¢counsel in OnL&TIS And Treas-- neard it so expressed. | urer of the Law Society. Compromise Needed. l The honorable member for Beli-- You can't get all you want in a woods has been censorious of the settlement of a lawsuit: and if thel Government for authorizing these Government had insisted upon al! settlements, and maintain§ that the the terms the honorable member for -- Government should have prose-- Bellwoods says we should have had. cuted the Beauharnois appeal, abid-- then there nover_rwoul% ha\: boein 'p':n'fn:h:uio'::eqt'l'\?:cgéuzel:}\ Itm{h: , a settlement he eauharnois litigation would have continued _ Ottawa Y:?tliley "3'3&"0" was '"l";e sip o ioe oonpppuences wilch 1| | PROE Uodnen venting Pikn i will later point out. » ho anener thne trnoe L AMGAT fae s 'iad oys aslee emic discussion of the law appli« point out that that was done when chbie i0 Ihls whole matter. The | three of our Supreme Court Judges Honorable Leader of the Opposition had decided for us and -- tnree PLey vory broperiy and qulte hon-- !axaimt us? If the ho'norable mem-- estly disagree with me and so may ber 'for N iBellwoods preferred . 4 the honorable m';'mbe;' {or B":" settlement of the Ottawa Valley woods, or any lo b': awly;rihan litigation rather than the risk of a | vet nothing e d' j set't e t "; Privy Council decision, can he now ';by' A lawyeri's °p;.' Un is & b"k. lsuzgest that it is any less desirable | only Y opinion. You may back a to settle the Beauharnois lltintion?t lawyer's opinion just as you would IPerhaps it is because ail thel a race horse. But there are some Judges 'were against us in the | Irrefutable facts which cannot be Beauharnois litigation, and only | ignored and which, in my opinion, three against us in the Ottawa' fully support the conclusion I ar-- Valley litigation. Perhaps, he pre-- rived at and the position this Gov-- fers to gamble with greater odds ernment has taken. & against him. Well, this Government An attempt had been made in is not going to undertake any such the statute of 1935 to invalidate all a gamble with the very destinies of the contracts. The effect of this our people, but prefers to adopt a statute had been tested in the Su-- safe, sane and sound course. preme Court of Ontario. In the Viewing this whole matter of the Ottawa Valley case, three Appeal Hydro settlement in its true per-- Judges had held that the act was | spective and in the light of all the in that case, were binding on the law, it is simply the case that the A ,Commisslon. In the Beauharnois Government has made the best of ' case the Trial JUd'e and five Ap' t. very bad situation. And, as I | peal Judges had held that the _ | have previously pointed out, there | statute of 1935 was not effective, can be no question or doubt as to !and that the Beauharnois contract who created that situation. It was was legal and binding. From read-- the Conservative Governments of | ing the judgments of the Court of 1926 to 1930. | Appeal in both cases it was appar-- | ent that to succeed before the Privy | Council, it would be necessary to persuade the Privy Council to re-- | verse the finding of the Ontario \