the Indian Territories; then we noted the jurisdiction conferred upon and exercised by the Courts of Upper and Lower Canada; that after the establishment of the Province of Manitoba a somewhat similar jurisdiction was exercised in and over the North West Territories by the Court of Queen's Bench of that province, which continued its Appellate jurisdiction up to 1887. When the Yukon Territory was established, appeals from the territorial judiciary for some years lay to the Supreme Court of British Columbia, a jurisdiction which has been renewed since the Yukon Court has been reduced from three to one single judge.

Finally Section 584 of the Criminal Code provides that all offences committed in any part of Canada, not a province duly constituted as such and not in the Yukon Territory, may be enquired of and tried within any district, county or place in any province, or in the Yukon Territory, as may be most convenient (subsection 3), as if said offence had been committed within the district, county, or place where the trial is had.

It was under the provisions of this section that the two Eskimos, Sinnisiak and Uluksak, were brought down from Coronation Gulf in the Arctic Ocean and tried before Chief Justice Harvey at Edmonton, and subsequently, on change of venue at Calgary, for the murder. of two Roman Catholic priests at Bloody Falls, on the Coppermine River.

By 7 and 8 Edward VII, chapter 49 (1908) the Superior Courts of Ontario, Manitoba, Saskatchewan, Alberta and British Columbia, have in civil matters a like jurisdiction with respect to persons and property in the North West Territories (west of 80° west longitude), and with respect to actions, suits and proceedings, as they have with respect to persons and property within the territorial limits of their ordinary jurisdiction.

It is provided that the writ of summons shall not be served outside of the territorial limits of the ordinary jurisdiction of the Court, without leave of the Court or a Judge. Although this, in effect, on the principle of artificial venue, extends the jurisdiction of the Courts of Alberta to the Arctic Ocean, or for the matter of that to the North Pole, I am not aware of any cases in which this jurisdiction has been appealed to, or exercised, notwithstanding the fact that all of the territory from Fort Smith on the Slave River to Aklavik at the Delta of the Mackenzie, is tributary to Edmonton.

Edmonton.

C. C. MCCAUL.

THE CANADIAN BAR

REVIEW

THE CANADIAN BAR REVIEW is the organ of the Canadian Bar Association, and it is felt that its pages should be open to free and fair discussion of all matters of interest to the legal profession in Canada. The Editor, however, wishes it to be understood that opinions expressed in signed articles are those of the individual writers only, and that the REVIEW does not assume any responsibility for them.

It is hoped that members of the profession will favour the Editor from time to time with notes of important cases determined by the Courts in which they practise.

Contributors' manuscripts must be typed before being sent to the Editor at 44 McLeod Street, Ottawa.

EDITORIAL.

GREETING FROM THE PRESIDENT OF THE CANADIAN
BAR ASSOCIATION.

I have just returned from the meeting of the Alberta Bar in Edmonton. A few weeks ago I was at a similar gathering of lawyers in Manitoba. Both of those assemblages were composed in the main of the younger men. Those meetings were in themselves a prediction. of better times and higher attainments for the profession and indeed for the people of Canada, of which the lawyers will be more than ever the leaders. The public business of Canada sorely needs their help. The important decisions in national affairs, which are more vital to the younger population, have been left too much to the dictation of older men. Those young men are not going to stand aloof from public service, cynical, despising and disbelieving, but will in peace time, as they did in war, "come to the help of the Lord, to the help of the Lord against the mighty"; the mighty forces of evil which are constantly threatening our national stability. As one thinks of the absorption of many of our seniors in briefs or large business for clients, somewhat forgetful of juniors, one wonders if the words of Barrie are not applicable-" Elders play for stakes, youth plays for its life." There are glorious years ahead of those well-equipped young men if they choose to make them glorious.

What each member of the Canadian Bar Association is wishing for the other is a good New Year,-Aye broader yet! for some of the lawyers in Canada are not members of the Association and do not

take the REVIEW (Aside:-The more's the pity)—"We're brithers a'!" What the lawyers in Canada, to whatsoever provincial Bar they belong, and whether senior or junior, are wishing each other is a happy and prosperous New Year. It will be made the happier if the youth and age, the boundless enthusiasm and adventurous energy of the one and the caution and experience of the other, band together, not for selfish aims, not defiantly of those outside the circle, but for the general good of our profession and nation. These recent meetings, and those at Quebec and on the Montlaurier demonstrate that. May one be pardoned for giving expression to some reflections arising from them. A Marcus Aurelius maxim is "Men exist for the sake of one another, teach thou them or bear with them." We cannot love everybody. God alone does. Our attachments are limited, limited largely to those with whom we come in contact. Our profession and its purposes, i.e., the law and its administration, do bring us sympathetically together. If the principle of the maxım were allowed to prevail, it would remove asperities which sometimes exist in our inter-office practice and court work. We would not then use ugly names about an opponent or ascribe to hien motives meaner than our own. Jealousy is the cut-throat of cordiality. Better results and more pleasant hours would come from mutual helpfulness. Cordial intercourse is one of the stated objects of the Canadian Bar Association. That object is last on the list, making the grouped purposes like a pyramid standing on its apex. It should be first, for given that heart to heart intercourse, there will result an atmosphere of mutual confidence, respect and esteem, a finer camaraderie and an intimate likemindedness. These will create an esprit de corps, enfolding and bringing into a soul-oneness the members of the profession in all Canada.

The pluck manifested at these meetings was admirable. There was no whining about hard times, which undoubtedly exist, to the discomfort of our members. I like that old Anglo-Saxon word. "pluck," which, whatever it signified ages ago, now means confidence and spirit in the face of difficult and depressing circumstances, and resolution to overcome. One speaker at the Edmonton Bar banquet, a young man, called forth echoing applause when he derided the fainthearted and the fearful brethren, and expressed the view that as a profession we should have greater courage in upholding the honour of the Bar, in repelling flank attacks on it, and in giving defiance to those who clothe themselves about in cheap and diaphanous popularity by threatening to destroy it.

Gentleness will not always deliver to us our rights

"And he is dead who will not fight,

And who dies fighting has increase."

Away, then, with apathy in respect to the welfare and good of our profession and of our people! It is a pernicious anaemia of the spirit. Let us "Put a cheerful courage on." For the end has come to our bravery when we refuse to enter the lists. Let us all not only wish but help to make for each other an enjoyable New Year.

Winnipeg, December 31st, 1924.

J. A. M. AIKINS.

THE PRESIDENTIAL GREETING.-As is usual with his public utterances, the New Year's greeting of the President of the Canadian Bar Association to the members, published in the present issue of the REVIEW, needs no gloss to clarify its meaning. His words are winged with a true Homeric quality, and the thoughts to which they give expression are wise and inspiring. It is a genuine message to the younger members of the Bar, one which they cannot but have ears to hear if the profession is to function as a social force in this critical period in the history of the world. Sir James Aikins apparently shares the view expressed of late by certain prophets, priests and publicists overseas and in America who are our real guides if we did but know it-that the nations will not raise themselves out of their present slough of despond except by the exercise of those spiritual forces, now so dormant, which made the civilized world a fairly decent habitation for man by the end of the nineteenth century. In other words, it is not some sudden achievement of economic thaumaturgy but rather the simple practice of industry on the part of all classes in the community, coupled with behaviour consciously recognizing that man is an ethical as well as a social animal, that will restore peace and prosperity to the nations which have been snarling at each others heels since the War. It is righteousness which exalts a nation at home and abroad. The President of our Assoeiation is full of a robust faith that this will not only come to pass soon but that it will be chiefly the work of the younger people. That is optimism of a constructive kind. However lacking the present age may be in the finer qualities of social living, we have at least seen the errors of "Bentham politics" and "Paley religion," at which Froude launched his mordant fleers when the preceding century was still

young. Those things had their day when war-cries, both civil and international, were popular and it was considered part of the whole duty of man to chant them. We shall surely have no more of them in the English-speaking world, and other peoples will soon find that peace on earth is the most important factor in making human life endurable. We have no apologies to offer our readers for speaking in this strain at the opening of a New Year whose events cannot fail to be of supreme moment to civilisation.

CRIME AND PUNISHMENT.-While the minds of all thoughtful citizens, lawyers and laymen alike, are at present much concerned with the problem of crime and its punishment-indeed the REVIEW itself has spoken a good deal about it lately-we think it well to quote some passages from a recent bulletin of the Council for Social Service of the Church of England in Canada on "Jails and Jail Reform," compiled by the Rev. J. V. Young, of the Diocese of Fredericton, N.B. We invite opinions in our correspondence department on the suggestion of "a central jail system" for each of the provinces of the Dominion. It is necessary to bear in mind that Mr. Young is not referring at all to our penitentiary system, but to our jails where the lesser criminals are confined. The quotation follows:

"The question now arises what is needed to make our Canadian jails better institutions? Very few really stop to consider what prisons are for, or whether they are doing the work they are supposed to be doing. We must get away from the old idea that to punish one who has done wrong we must detain him in jail for a certain period of time and that is all. Imprisonment as a cure for crime has proved a terrible failure. Approximately 60 per cent. and over of our prisoners return to crime and prison. General Hughes, Chief Inspector of Prisons, told us some time ago that in one of our penitentiaries out of 197 prisoners, 164 were graduates of so-called reformatories and industrial schools. Is this not self-condemnatory of our system? Prison punishment as such is no cure. Our jails are not producing penitents-then what is wrong? . Crime is an intentional violation of duties imposed by law, which inflicts an injury upon others. Criminals are persons convicted of crime by competent courts. Punishment is suffering inflicted on the criminal for the wrongdoing done by him, with a special view to secure his reformation. The treatments of criminals by society is for the protection of society. But since such treatment is directed to the criminal rather than to the crime, its great object should be his moral regeneration. Hence the supreme aim of prison discipline is the reformation of