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that crowds the trial dockets with unmeritorious civil cases, and makes possible that class of lawyers locally known in the United States as “ Ambulance Chasers." It is the jury system that inspires the criminal with contempt of the law, and encourages him in the hope of escape from the penalty befitting his crime. All this and more is included in the spirited attack by Mr. McWhorter.
We in Canada shall await with interest what may be said in defence of the American jury; and in the interim it would not be amiss for us to enquire if all is well with our own system. We harbour the impression that in our times, here as well as in England, the lawyer of wide forensic experience regards Blackstone's lyrical eulogy of trial by jury as mere “tosh." At no time in its history, we think, could trial by jury be sung as “the palladium of British liberty, the glory of the English law, and the most transcendent privilege that any subject can enjoy or wish for.” On the contrary we think, and in this thought we are glad to be in agreement with our American cousins, that it is the judges on the bench and not juries in the box that give to our Courts of Justice their strength and wisdom in maintaining the peace and security of social life.
Sir Paul Vinogradoff, Corpus Professor of Jurisprudence at Oxford, has been nominated as Carpentier lecturer at Columbia University for 1923-4. Sir Paul is one of the outstanding figures in the learned world to-day, and it is to be hoped that he will visit Canada during his stay on this side of the water. It affords a great opportunity for the Canadian Bar to hear an address by him. He has been in America before; in 1897 he conducted a series of lectures in Harvard and other universities in the United States. The Review rejoices in the fact that Sir Paul has written a special article for its pages, bearing the full impression of his literary hall-mark. As soon as space permits we shall give our readers the benefit of its publication.
Sir William Mackenzie, K.C., President of the Industrial Court, gave a most instructive lecture on “Industrial Arbitration” recently in London. He discussed the view still so prevalent that arbitration in industrial disputes is an adventure upon perilous social seas; and claimed that what had been done in settling ordinary disputes arising between business men, could be done with cases of disagreement between employer and workmen if people would take a sensible view of the matter. The lecturer observed that
“To allow the hundreds of disputes which daily occupied the ordinary courts of this country to be settled by a trial of strength between the parties would send us straight back to the Dark Agesit would end in confusion
Yet methods which would be looked upon as barbarous for the purpose of settling business differences in general were too often accepted as a matter of course, and even of economic necessity, when a business difference of a particular kind occurred—that is, a difference between an employer and his work-people."
The lecturer referred to the course of history to show that compulsory arbitration in industrial matters was impracticable. On the other hand he submitted that an Industrial Court, permanent in its structure and orderly in its procedure, was a feasible means of attaining the consummation so devoutly wished by all right-minded people. He thought that the Industrial Court in England, by laying the foundation of a body · of industrial common law, had already given promise of its ability to compose disputes that naturally grow in complexity so long as there is no regular forum for their hearing and determination.
SIR WALTER GIBSON PRINGLE CASSELS.'
By the HONOURABLE SIR WILLIAM RALPH MEREDITH, KT.,
President of the Supreme Court of Ontario.
In the death of Sir Walter Cassels the public and the profession have lost a distinguished Judge and a truly great lawyer. He was born at the City of Quebec on the 14th August, 1845, receiving his education at the High School of that City and in the University of Toronto. He became a barrister in 1869 and was made a Queen's Counsel in 1883. He was a member of the firm of Blake, Lash, Cassels. His rise at the Bar was rapid, and he soon became an acknowledged leader of the Chancery Bar, and was engaged in many important cases among which may be mentioned the famous Onderdonk Arbitration in which he acted as counsel for the Canadian Pacific Railway Company. He was appointed Judge of the Exchequer Court of Canada on the 2nd March, 1908, and subsequently became its President and received the honour of Knighthood. He was also one of the arbitrators on the reference to determine the value of the common stock of the Grand Trunk Railway of Canada, and Chairman of the Board. To the work of the arbitration he gave unstintedly of his time and ability, and owing to his strenuous duties in connection with this matter it is believed that his strength was impaired and his life was shortened.
His activities were not confined to his professional and judicial duties. He was an excellent whist player. and an ardent golfer, and it was through his efforts
NOTE: The Editor regrets that this. tribute to the memory of the late President of the Exchequer Court of Canada did not reach him in time to be published in the March number of the REVIEW along with that written by Mr. Justice Mignault.
that the decision was reached that it was not unlawful to play golf on the Lord's Day, a decision that has stood unquestioned to the present day, and has proved a boon to many golfers.
His bearing was unostentatious. He had a fund of quiet humour and was a pleasant and entertaining companion.
It was my privilege to have known him since his boyhood days, and to count him as practically a lifelong friend.
THE LATE MR. JUSTICE CAMERON,
BY THE HONOURABLE W. E. PERDUE,
Chief Justice of Manitobą.' Since the last sitting of this Court a sad bereavement has come upon it. By the death of Mr. Justice Cameron a gap has been made in the personnel of the Court which it will be difficult to repair. To some of us it seems almost irreparable.
At Toronto University John Donald Cameron was the most brilliant student of his day. He graduated with a standing only equalled by one man in the previous history of the University. It was while he was a student there that I first met him. I had graduated some years before, but circumstances brought me in close touch with the students of that period. Everyone who knew him foretold a great future for him, if only his delicate health would permit the full exercise of his fine ability. A friendship sprang up between him and me which remained and grew stronger as the years went by.
His temperament and qualities specially fitted him for a political career. He was elected a member of the Legislature of this Province and soon became Provincial Secretary and afterwards Attorney-General. As a member of the Provincial Government he became sponsor for much important legislation. He was also successful in his practice at the Bar, but it was his accession to the Bench that brought out the full measure of his great learning and ability. His earlier studies and training had amplified his capacity for clear and orderly reasoning; while his great memory for facts and principles retained them ready at hand for use and application.
1 This was an Address delivered at the opening of the Manitoba Court of Appeal on 2nd April, 1923.
In conferences of the judges he was quick to discern the very crux of a case or to point out the fallacy in an argument. In all discussions he retained his characteristic good nature and his respect for the opinion of those whose views differed from his own.
He was always a great reader and kept himself fully informed upon all the topics of the day. He retained his knowledge of the classics and was fond of quoting from them to an appreciative friend.
Apart from his learning and his manifold endowments as a judge, Mr. Justice Cameron's personal charm and companionship endeared him to all his associates on the bench. He was indeed to them a brother-not using that word as a mere term of judicial courtesy—but as the expression of affection, trust and confidence implied in the relationship of actual brotherhood.
To us this Court and its precincts will no longer be the same, with J. D. Cameron gone. It will be a sad pleasure to bear him in loving memory until the last session comes for each of us and the adjournment is final.