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 . 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. IVSpecial articles must be typed before being sent to the Editor, Charles Morse, K.G., Room 707 Blackburn Building, Sparks Street, . Notes of Cases must be sent to Mr. Sidney E. Smith, Dalhousie Law School, Halifax, -N.S.

TOPICS OF THE MONTH.

MR . ROwELL AT WASHINGTON--The Honourable Newton W. Rowell, K.C., President of the Canadian Bar Association, was guest of honour and principal speaker at the annual dinner of the American Bar Association held in Washington, D .C., on the 15th instant . The press refers to his speech as one of remarkable farce and brilliance. We quote from the Washington correspondent of the Ottawa Citizen : His speech indeed was of outstanding interest even on a programme which during the week had included the President of the United States, the Chief Justice of the Supreme Court of the United States, Lord Reading, former Viceroy of India,- and eminent members of the American Bar. Mr. Rowell spoke both as a lawyer and as close student of international problems. His speech particularly revealed his deep interest in the great subject of world peace.

A FRIEND OF THE ASSOCIATION PASSES.-Members of the Canadian Bar Association who attended this year's meeting at Calgary will hear with deep regret of the death of Mrs. A. M . Naismith which occurred on the 6th instant. Mrs. Naismith was one of the most effective and indefatigable workers on the Ladies' Committee. Her suite in the Hotel Palliser was open for the entertainment of the visiting ladies throughout the meeting, and she very largely contri- buted to the distinguished success that marked the social side of the programme. We extend our sincere sympathy to her husband, who is a well-known member of the Calgary Bar.

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JUDICIAL APPOINTMENT.-Mr. Patrick Kerwin, K.C., of Guelph, has been appointed a judge of the High Court Division of the Sup- reme Court of . Mr. Kerwin was born in Sarnia, and was educated at the Sarnia Collegiate Institute, the University of Tor- onto and Osgoode Hall Law School . After admission to the Bar of Ontario he entered upon the practice of his profession in association with the Honourable Hugh Guthrie, K.C., in Guelph . He was created a King's Counsel in the year 1927.

SUPERINTENDENT OF BANKRUPTCY.-Mr. William J. Reilley, for- merly Registrar in Bankruptcy at Osgoode Hall, has been appointed Dominion Superintendent of Bankruptcy, an office created by recent legislation of the Dominion Parliament. Mr. Reilley is a lawyer by profession, having been in active practice at one time in Stettler, Alberta, and later in Kemptville, Ontario.

ECONOMIC RECOVERY.--While one is prepared to accept the counsel of professors of the "dismal science" that an upturn in the stock markets is no sure and certain guarantee that the world is at last rounding the corner behind which prosperity has been hiding during the past three years, yet it is satisfactory evidence that the psychological element of fear, which plays so large a part in the visitations of adversity, is relaxing its grip . The fact that people, howsoever wisely or unwisely, are buying shares again must have its reaction on the minds of those who still have money to buy the basic commodities of trade and commerce. Indeed, there are already indications that confidence is being restored in respect of the pur- chase of these commodities. Individual business men are not wait- ing for the World Economic Conference to evolve economic methods by which the whole planet will be refreshed before they do their bit to enable the communities in which they live to snap out of the numb- ness of depression . Of course everyone wishes well for the confer- ence referred to, but there are conferences and conferences. An economic conference between a group of nations bound together both by organic and sentimental ties may succeed in achieving prac- tical results while a similar conference between nations not so knit ted together may utterly fail of attainment. Hence it is well for the individual not to await the dawn of the economic federation of the' world before attempting to improve things as they are.

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GRAHAM WALLAS .-Professor Graham Wallas passed away re- cently at the age of seventy-four years. He was for a long period Professor of Political Science in the London School of Economics. In the eighties of last century he was prominently associated with Lord and Lady Passfield in the Fabian Society, and was responsible for what was probably the most constructive thought in the Fabian Essays of 1889. In his Human Nature in Politics, his criticism of prevailing methods of political reasonirrg finds its clearest embodi- ment ; one cannot fail to find in him there the evangelist of the new political ideas which have gained so many disciples in England and America. To his mind the control of political forces primarily de- pends upon a recognition of the common factors of human nature. The politician must remember that there is more disagreement than concord in the views of government among intelligent men to-day; and that quantitative rather than qualitative words and methods are needed in reforming the science of politics. Nineteenth century thinkers were too apt to `intellectualise' impulse in politics. While the origin of a political party may be due to a deliberate intellectual process, where "a party has once come into existence its fortunes depend upon facts of human nature of which deliberate thought is only one. It is primarily a name . . . From the beginning of its existence and activity new associations are, however, being created which tend to take the place, in association, of the original meaning of the name. No one in America when he uses the terms Republican or Democrat thinks of their dictionary meaning."

JUDICIAL TRIBULATIONs.-Judges, of course, suffer many trial's beyond those which confront them in their daily business in the Courts. Possibly their extrajudicial tribulations are sent to remind them that they are still human beings and that elevation to the Bench is. not a form of apotheosis . We were interested to read in a recent number of one of our English contemporaries that judge Cluer, of the Whitechapel County Court, finds the telephone a grievous thorn in the flesh to him . It seems that he has been assigned the same number as a butcher who knows no early-closing by-law, and the learned judge is frequently aroused from his slum- bers by calls that denote that his neighbours are 'more carnivorous than vegetarian in their diet. Judge Cluer's case certainly serves to show that it is quite possible to suffer vicariously from the fleshly lusts that war against the soul.

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So WISDOM SPOKE IN 1925 .-In the course of a series of lectures delivered at Columbia University some seven years ago by Pro- fessor Alfred Zimmern, of Oxford, he spoke the following words, which subsequent events have proved to be words of wisdom indeed : Previous to the Great War most modern peoples did not realize the extent to which they had given hostages to fortune-or shall I say hostages to "normalcy"-by the development of the industrial process and the vast increase of international trade. They assumed that trade would inevitably continue on the familiar lines; in Great Britain, in particular, a continuance of these normal conditions and the maintenance of the pre-war economic equilibrium was the unspoken assumption behind the programme of all political parties. The war revealed to us in a flash that there are political forces which cut across the economic process and make havoc of its delicate mechanism : and it has proved to us also that in these circumstances it is the rich hostage who suffers more than the poor hostage. The result has been to bring about a condition of permanent economic insecurity, particularly in the manu- facturing countries.

SOLICITOR'S COSTS REDUCED IN ENGLAND.-Since the year 1919 solicitors in England have been entitled to charge a 331/3 per cent. addition to their profit costs. At the annual meeting of the Law Society in July, it was announced that the Council of the Society had unanimously resolved to accept a suggestion made by the Lord Chancellor that the percentage should be reduced to 25 per cent. in the case of costs of litigation and to 20 per cent. in non-contentious work. Speaking of this reduction, The Solicitor's Journal, in a recent number, said : The addition of 331/a per cent. was not merely a war-time provision to meet the extra expense which the circumstances of the time imposed on solicitors as well as on others, but was, in fact, a long overdue increase in the scale of charges some of which had been fixed so long ago as 1882. The overhead expenses of solicitors have been mounting higher and 'higher, and even before the war an upward revision of the scale was called for and could have been abundantly justified. . . . We can only hope that the public will recognise and appreciate the sacrifice which has been made as a contribution to the general movement towards economy.

MINISTERING ANGELS IN THE MINORITY.--A return from the last census recently published by the Dominion Bureau of Statistics dis- closes that Canada has 372,296 more males than females in its population. In the two most populous provinces, Ontario and Quebec, we find that the former has 1,749,844 males and 1,682,839

Oct.; 1932] Topics of the Month. 539

females, while the latter shows a total of 1,447,124 of the sterner sex as compared with 1,427,131 of the cleverer and more spectacular members of the human family.

THE NEw VANDALISM:When wise old Sir Thomas Browne declared that Art is the perfection of Nature, his eyes had not beheld the conquest of the beauties of nature by the hideous art of commercial advertising. It was bad enough when, some few years ago, the untutored brush of the painter began to despoil the countryside of its charms in order to tell the world that Pyle's Pills cure Everybody's Ills or that Eatanswill's Hams are the Epics of the Epicure ; but what must we say of the present day when in Shakespeare's "demi-Paradise" the airmen are making the very heavens a scroll for advertising the chapman's wares? No wonder Lord Dunsany is constrained to write : "They have reported that mean streets will be ennobled by The praise of soap and beer and pills, now to,be thrown on high. Our meanest streets shall be henceforth no meaner than the sky." Advertising should be confined to the newspapers, which live by it, and there it gives no offence to our esthetic instincts. 'It is time for the law to bestir itself for the protection of the natural beauty of the world.

THE SCOTT CENTENARY.-Literary men the world over have paid tribute to the memory of Sir Walter Scott on the hundredth annivers- ary of his death which occurred last month . But Sir Walter. was a lawyer before he laid the foundations of his fame as a, novelist and poet, and it is, therefore, becoming that legal journals should chronicle the occurrence Of the centenary. He was only fourteen years of age when he entered his father's office in Edinburgh as a law clerk, and while he applied himself sedulously to legal study his father looked askance at his bent for sport and literature, remarking with strange insipience that the boy would never be more than "a gangrel scrape- gut." In his twenty-first year Scott was admitted as an advocate . From then on to the end of his life he was actively connected with the law-holding first the office of. a Clerk of Sessions and then that of Sheriff of Selkirkshire . As Sheriff, under the Scots system, he had judicial- duties to perform of a character largely corresponding to those of a County Court judge in England. In his Journal we read of Sir Walter's disgust over the litigiousness of the, people who

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brought their plaints before him. He declaims against the "wretched wranglings about a few pounds, begun in spleen, and carried on from obstinacy ." We can well understand how these `'wretched wranglings" troubled his kindly heart. Scott remained in office as Sheriff of Selkirkshire until his death, although in the year 1831 he was forced to relinquish its active duties and go abroad for his health. But he had overworked him- self both in his judicial capacity and as a novelist, and he returned home a broken man. He failed steadily in mind and body until the end came. On the morning of the 21st September, 1832 he looked out of his window upon the Tweed and said : "To-night I shall know all." So passed one of Scotland's greatest men. This is not the place to consider in detail Sir Walter Scott's place in English literature. In the opinion of competent critics of last century his rank was just a little below that of Shakespeare in cre- ative power. To-day the literary ghouls who are desecrating the tombs of the mighty dead have cried out : "Who now reads the impossible Scott?" But all this will pass. The Muses have been on vacation since the War ; they will shortly return to their temple and the cult of the mews will fade. Then Sir Walter will come into his own again .

BANKRUPTCY LEGISLATION AND THE C.B.A.-The following resolu- tion was adopted at the annual meeting of the Canadian Credit Men's Trust Association Limited, recently held in the City of Saskatoon : That The Canadian Credit Men's Trust Association Limited Members are vitally interested in Bankruptcy legislation, representing as they do, the large bulls of the unsecured creditors' liability ; And whereas The Canadian Bar Association has, over a period of years, been making a study of the Bankruptcy Act, with the result that at the, last session of the Dominion Parliament the Bar Association submitted to the Minister of Justice a number of very excellent Amendments to the Act; Now, therefore, be it resolved by the Members of The Canadian Credit Men's Trust Association Limited, in Convention assembled, that we express our appreciation and thanks to The Canadian Bar Association for the work of their Bankruptcy Committee, and for the service they are rendering gen- erally to the community at large, by the work they are doing.

CANADIAN BAR ASSOCIATION -In preparing our account of the Seventeenth Annual Meeting of the Association for the Sept- ember number of the REVIEW it was a matter of regret that we had

Oct., 1932] Topics of the Month. 54 1

not a copy of the Registrar's report for reference . At the time of the meeting Colonel Ponton was convalescing at his home in Belle- ville from a serious illness, and we missed the inspiration that his presence and his spoken word have lent to our formal gatherings in the past. It is a matter of rejoicing to know that he is now well advanced on the road to health, and that we may look forward to him being with us on future occasions . Colonel Ponton's report will be published in the Proceedings of the Association for the current year, and will be found abundantly interesting . It graphically reviews the history of the Association since its foundation in 1915, and cannot fail to be of special value to incoming members as the years roll on.

SECURITIES OF THE ASSOCIATION.--At the last Annual Meeting of The Canadian Bar Association, Mr. Isaac Pitblado, K.C., LL.D., who filled for some years the position of Honorary Treasurer, was elected Dominion Vice-President and the Honorary Treasurership was filled by the election of Mr. E. K. Williams, K.C. In connection with the transfer of the securities of the Associa- tion, an inspection was made by these two officers and by Mr. E. 1-I. Coleman, K.C., Secretary-Treasurer, on September 17th, 1932. We are requested by these officers to publish the following statement so that the members of the Association may have on fyle a record of the position of the securities held by the Association

THE CANADIAN BAR ASSOCIATION . CAPITAL ACCOUNT. September 17th, 1932. Par Cost or Book Value Dominion of Canada Bonds : 1957-Series R-7 E020520 to E020525 incl. $1,000 each $Ca,000 .00 000.00 1959-Series R-9 .E173012 to E173023 incl. $1 .000 each ...... 12,000.00 12,000.00 Province of Ontario Bonds : 1935-Nos. RR0489, RR5232, RR5238, RR5239, and RR52.40, $1,000 each ...... 5,000.00 5,223.50 Province of Saskatchewan Bonds : 1959-Nos. BG1154 to BG1158 incl., $1,000 each 5,000.00 5,000.00 Province of Manitoba-Drainage District . No . 17 : 1950-Debenture No. 55509 ...... 1,000.00 1,000.00 Province of Manitoba Bonds : 1947-Nos. 4P 4450 to 4P 4454 incl., $1,000 each 5,000.00 5,000.00 1951-Nos. 4KO286 to 4KO290 incl., $1,000 each 5,000.00 5,000.00 542 The Canadian Bar Review. [No. 8

City of Winnipeg Debentures : 1941-Nos. E3123 to E3126 incl., $1,000 each . . . 4,000.00 4,265.60 1950-Nos. FO 238 to FO 247 incl.. $100 each . . 1,000.00 1,000.00 1950-Nos. FO 561 and FO 562, $500 each . . . . 1,000.00 1,000.00 1950--Nos. F 1051 and F 1052, $1,000 each . . . . 2,000.00 2,000.00 City of Edmonton Debentures : 1953-Nos. 33605, 33606 and 41330, £100 each . . 1,460.00 1,460.00 City of Regina Debentures : 1948-No. 14044 ...... 1,000.00 1.000.00 1958--No. 14010 ...... 1,000.00 915.00 City of Hull Debentures : 1937-Nos . 72 and 73, $1,000 each ...... 2,000.00 2,000.00 City of Oshawa Debentures : 1939-Nos . 349 to 353 incl., $1,000 each ...... 5,000.00 4,904.50 Town of Mintico Debentures : 1932-Nos. 67, 68 and 69, $1,000 each ...... 3,000.00 3,000.00 Town of Sirncoe Debentures : 1936--Nos. 98 and 99, $1,000 each ...... 2,000.00 2,000.00 Town of Shawinigan Falls Debenture : 1945-No. 100 ...... 1,000.00 1,000.00 Rural Municipality of Fort Garry Debesatu.res : 1950-Nos . 581 to 590 incl., 4,000 each ...... 10,000 .00 10,000.00 City of Regina Public School Board: 1959-Nos . 161 to 165 incl., $1,000 each ...... 5,000.00 4,96250 School District of Tupper Debentures: 1936-No. 9 ...... 400.00 400.00 1937-No. 10 ...... 400.00 400.00 Northern Trusts Company Guaranteed Investment Certificates : 1933-No. 67 ...... 7,500.00 7.500.00 1933-No. 77 ...... 2,250.00 2,250.00 1934-No. 121 ...... 2,250.00 2,250.00 1935-No. 150 ...... 750.00 750.00 1936-No. 225 ...... 500.00 500.00 National Trust Company Limited Guaranteed Invest- ment Certificate : 1936-No. C0682 ...... 2,000.00 2,000.00 Royal Trust Company Guaranteed Investment Certificate : 1936-No. 0455 ...... 2,000.00 2,000.00 General Trusts Corporation Guaranteed Investment Certificate : 1936-No. 61891 ...... 4,000.00 4,000.00 The Canada Permanent Trust Company Guaranteed Investment Certificate : 1936-No. 545 ...... 6,000.00 6,000.00 Oct., 1932] Topics of the Month. 543

Canadian Pacific Railway Company Stock : Certificate No. H 1072-100 shares $25 each) Certificate No. H 1073-100 shares $25 each) . . 6,200.00 6,902.30 Certificate No. L 3097- 48 shares $25 each) Northern Mortgage Company Stock : Certificate No. 55-150 shares $5 each ...... 750.00 750.00 Total securities held by Imperial Bank of Canada, Winnipeg, for safe-keeping on account of the Association ...... $113,460.00 $114,433.40 Northern Mortgage Company : Undistributed capital (voluntary winding-up) . . $1,350.00 $1,350.00 Cash in Imperial Bank of Canada, Winnipeg, Savings Department, for investment ...... 441.66 441.66 $115,251.66 $116,225.06 We hereby certify that we have personally inspected the securities in the hands of the Imperial Bank of Canada, Winnipeg, and have verified the claim against the Northern Mortgage Company and have also verified the cash on deposit with the Imperial Bank of Canada with respect to this account. Dated this 17th day of September, 1932. (Sgd.) ISAAC PITBLADO. E. K. WILLIAMS . E. H. COLEMAN.

4I-C.B.R.-VOL. X.