Page images
PDF
EPUB

declares that in such case the intestate shall be deemed to have made a duly executed and entirely valid will, devising or bequeathing his land, moveable property or choses in action to the University, and also declaring, as above mentioned, that the University shall be the ultimate heir and next of kin of the deceased.

If the provinces possess authority “as plenary and ample within the limits prescribed by section 92 (of the B. N. A. Act) as the Imperial parliament, in the plenitude of its power, possessed and could bestow,” if they are supreme within their own sphere, then it would seem that, as long as they remain within that sphere and are not in reality dealing with a subject assigned to the Dominion, and Atty.-Genl. for Quebec v. Queens Ins. Co. neither the motive of the legislation nor its incidental consequences are open to examination.

R. W. S. *((1878) 3 A. C. 1090).

MEETING OF THE COUNCIL OF THE CANADIAN BAR

ASSOCIATION.

The mid-winter meeting of the Council of The Canadian Bar Association was held at Ottawa on Saturday, the 7th of February, when the following members were present: His Honour Sir James Aikins, K.C. (President); Hon. Chief Justice Martin (Dominion Vice-President); Hon. Wallace Nesbitt, K.C. (Vice-President for Ontario); Hon. R. B. Bennett, K.C. (Vice-President for Alberta); Mr. E. Lafleur, K.C. (Vice-President for Quebec); Mr. C. F. Sanford, K.C. (Vice-President for New Brunswick); Hon. Mr. Justice Surveyer (Honorary Secretary); Col. W. N. Ponton, K.C. (Registrar), Hon. Mr. Justice Mignault, Hon. Mr. Justice Maclennan, Hon. Mr. Justice Orde, Mr. A. A. McGillivray, K.C., Mr. Edward Anderson, K.C., Mr. Hugh Phillipps, K.C., Mr. L. P. D. Tilley, K.C., Mr. S. A. M. Skinner, Mr. M. N. Cockburn, K.C., Mr. G. F. Henderson, K.C., Mr. T. A. Beament, K.C., Mr. F. D. Kerr, K.C., Mr. William R. White, K.C., Mr. F. M. Field, K.C., Hon. N. W. Rowell, K.C., Mr. Angus MacMurchy, K.C., Mr. W. J. McWhinney, K.C., Mr. S. W. Jacobs, K.C., M.P., Mr. Henry J. Elliott, K.C., Mr. Adolphe Mailhiot, K.C., Mr. Leon Faribault, K.C., and Mr. E. H. Coleman (Secretary-Treasurer). Mr. O. M. Biggar, K.C. Convenor of the Committee on International Law, Mr. H. J. Symington, K.C., Mr. H. P. O. Savary, K.C.,

&C.B.R.-VOL. III.

and Mr. J. S. Mavor, K.C., also attended, at the request of the members of Council in their respective Provinces.

Reports were presented on Membership and on the work undertaken by the Councils in the several Provinces. These reports were distinctly encouraging, and it is apparent that the members of Council in the Provinces have determined that 1925 will be a banner year

for the Association. In some of the Provinces active steps are being taken by personal canvass to increase the membership of the Association and to add to the list of subscribers to THE CANADIAN BAR REVIEW. Already we are able to state that the list of subscribers to the REVIEW has been increased by 150.

Progress reports were submitted by several Committees which shewed that the work undertaken by the Association was well in hand.

Appreciation of the work of the Editorial Board and of the Editor of THE CANADIAN BAR REVIEW was expressed by the Council, and measures were taken to relieve the Editorial Board of responsibility for business arrangements, this task being allocated to a strong Business Committee of which Mr. M. H. Ludwig, K.C. (Honorary Treasurer), was appointed Convenor.

A very cordial invitation was received to hold the next Annual Meeting of the Association at St. John, N.B.

It will be remembered, however, that at the last Annual Meeting held at Quebec in July, 1924, a resolution was passed suggesting to Council that the 1925 meeting should be held at Winnipeg. The invitation to meet in Winnipeg was renewed by Mr. E. Anderson, K.C., representing the Council in Manitoba, and it was decided that the next Meeting should take place at Winnipeg on August 26th, 27th and 28th.

Mr. C. F. Sanford, K.C., Vice-President for New Brunswick, invited the Association to meet at St. John in 1926, and, while this is a matter which must be determined by the Council to be elected at the next Annual Meeting, the hope was expressed generally that it might be possible to arrange to meet in St. John in 1926, and thus recognize the loyal and enthusiastic support which the Association has always received from the Bars of the Maritime Provinces.

It was decided to invite the Lord Chief Justice of England, the Rt. Hon. Lord Hewart of Bury, to attend the Annual Meeting. An invitation is also being despatched to the Batonnier of Paris and to a distinguished representative of the Bar of the United States. It is hoped that in an early number of the REVIEW we shall be able to announce the acceptance of the invitation by the Lord Chief Justice of England and other distinguished guests.

A great deal of detail business was transacted, and, at the close of the session, the members present were entertained at luncheon at the Rideau Club by the President of the Association. In addition to the members of the Council, the President had as his guests many of the members of the Dominion Cabinet, the Chief Justice and Judges of the Supreme Court of Canada, the Judges of the Exchequer Court, Rt. Hon. Arthur Meighen, K.C., and some of the leading members of the Ottawa Bar. There were no formal speeches, but the Minister of Justice, the Hon. Ernest Lapointe, K.C., M.P., proposed the health of the President, and, after alluding to the eminent services which Sir James Aikins had rendered to the profession and to the country through his interest in the Association, remarked that one of the most gratifying features of his post as Minister of Justice was the fact that he was, by virtue of his office, the Honorary President of The Canadian Bar Association, an organization which, he asserted, had become part of our national life.

BOOKS AND PERIODICALS.

IT Publishers desiring reviews or notices of Books and Periodicals must send copies of the same to the Editor, care of THE CARSWELL COMPANY, LIMITED, 145 Adelaide Street West, Toronto, Canada.

The Renascence of International Law. (The Grotius Society Publications,

No. 3.) By Manfred Nathan, K.C., LL.D. London: Sweet & Maxwell, Limited, 1925. Pp. 218 + IX.

Dr. Nathan explains in his preface that he was prompted to write this apologia for International Law by reason of “the period of decline into which its observance or enforcement has fallen in our time. In Part I., the author makes a learned survey of the origin in the middle age, and subsequent growth, of a body of recognized standards of conduct inter gentes fairly answering to the character of legal rules, not omitting to note "phases of reaction and even of retrogression” in its history. In Part II., Dr. Nathan discusses the prospect of International Law surviving its late deposition from the seat of authority it had slowly reached at the close of the nineteenth century, and indicates the means and measures which he deems requisite for its effective restoration. He tells the world that it must hasten to profit by a study of what the principles of International Law had done for civilisation before the debacle of the Great War descended upon it, if civilisation itself is to prevail and prosper longer. The author is not without hope that the renascence he advocates will ensue upon the present distress of nations; but he confesses that "the journey to the goal is not easy, and there are lions in the path.”

The

Famous Qanadian Trials. By Albert R. Hassard, B.C.L. Toronto:

Carswell Company, Limited, 1924.

On reading in the book before us Mr. Hassard's story of the famous Hyams Case, under the title of “When an Elevator Weight Caused Trouble,” we are forcibly reminded of the truth of Dickens's epigram that "If there were no bad people there would be no good lawyers.” The book deals wholly with a number of causes celebres of a criminal nature which have occurred within the Province of Ontario and its territorial waters. One who likes this sort of literature will find small cause to grumble at the manner in which the author presents the seamy side of life for his entertainment. On the other hand those who have no stomach for such things cannot assert that there is no justification for making a permanent record of them. Does not Voltaire say: "L'histoire n'est que le tableau des crimes et des malheurs" ?

C. M.

The Law of Partnership. By the Rt. Hon. Lord Lindley-ninth edition

Sweet & Maxwell Company, Limited, London: The Carswell Company, Limited, Toronto.

The recent appearance of a ninth edition of Lindley on Partnership was of course welcomed by the profession. The present edition is edited by the Hon. Walter B. Lindley, assisted by Mr. J. S. P. Mellar, and brings down to date a work which is practically essential to any active practi. tioner on the law.

In its original form, this work was a treatise on the Law of Partner. ship as applied to Companies, as well as on the law dealing with partner. ships composed of individuals. It first appeared in 1860, and as the situation developed, the learned author found it necessary to divide it into two parts, one dealing with the Law of Partnership proper, and the other dealing with the Law of Companies. After the passing of The Partnership Act (1890) in England, it was thought proper to issue a new edition devoted to the Law of Partnership proper alone, and the subsequent editions have been developments of this. The adoption of the English Partnership Act by all the Provinces in Canada, excepting of course Quebec, adds to the usefulness of the work.

Apropos of a discussion which has recently been taking place as to the relative value of law books published in England and those published elsewhere, it is interesting to note the very thorough way in which this work has been prepared. As to the author himself, the deserved reputation of his book is in line with the reputation which he has achieved as a Judge. The Editor is gifted with inherited ability, and is assisted by a specialist in the work. Another specialist has prepared the Index, and still another the Table of Cases. The result is naturally for good.

G. F.H.

CORRESPONDENCE.

# The Editorial Board of the Canadian Bar Association does not hold

itself responsible for the opinions of Correspondents. Contributions to this department of the REVIEW will be published only over the genuine names of the writers.

Editor of THE CANADIAN BAR REVIEW:

SIR.—I have read with great interest, the article in your January number, by Hon. Mr. Justice Mignault of the Supreme Court of Canada, on “ The Authority of Decided Cases.” At page 14 he says that, while the rule stare decisis has no legal force in the Province of Quebec, he thinks that the decisions of the Privy Council have been accepted by the Quebec Courts as conclusive. He mentioned certain decisions, but he does not make any reference to the Despatis-Tremblay case.

I noticed in the Quebec newspapers a few days ago, the report of a decision of Mr. Justice Belleau of the Superior Court, in an action of Plante v. Zannis, which deals with this question. His Lordship refers to the judgment of the Privy Council in the case above mentioned, and fol. lows that decision. I understand however that other Judges in that Province have not considered themselves bound to follow it in similar

cases.

I have heard various criticisms of these latter Judges by lawyers and others in the Province of Ontario, but one gathers from Mr. Justice Mignault’s article that they were at least technically justified in refusing to be bound by it. I feel that, if some member of the Quebec Bar would undertake to deal with this subject in your columns, the result might be the removal of a certain amount of prejudice, as well as of uninformed criti. cism of the Quebec judiciary.

M. J. G.

CURRENT EVENTS.

A memorial tablet to the members of the Bar and students-at-law from Toronto who fell during the Great War was unveiled at Osgoode Hall, Toronto, on the 14th November last by Chief Justice Sir William Mulock, who spoke as follows:

Some years have now rolled by since the then misguided German nation, in its mad lust for power, plunged the world into a gigantic struggle accompanied by horrors then unknown in the history of nations, and as we contemplate, in the peaceful atmosphere of to-day, the contrast between the conditions which prevailed throughout the long years of the war, and those of to-day, our hearts are filled with deepest gratitude towards those who overthrew the enemy of mankind and saved civilization to the world.

Never before in its history had there been such a mighty stake in the balance or such long drawn out anxiety as to the possible result;

« PreviousContinue »