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A welcome pause on the trail in rest and adjust packs and equip- ment. Shown above left to right, are: PM. Bill Yurkosky, Penticton, B. (7.: Pte. Gilbert Avery of Vancouver; Pia. Lee Rosko, Vancouver; rte. Ray Tallyn, Nelson, 3.0., and Opl. Paul Lynch of Langley Prairie. 3. (L-(Canadiun Army Photo).

+O-O-OO

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By Ken Reynolds

Reamninq tho debate when the {legislature met yeetnrday after- noon. M‘. D. L. Mathieaou. 8.0.. Fifth Dimict o! Queen). review- w his main arguments against the Government in taking ovos the strike-bound plant of Can- ada Packers. Ltd, last fall, with

particularly on the illegality o! this course. cit-i“ connitutiorul authorities. Ha recalled an incl- dent two hundred years age in England when GvvcsH-ITIOUT’; aotlou had been taken in an emergency

The action was subsequently in- doraed by Parliament but the per- iod became known as ‘The Forty DIS!’ ’. "We' have hid 150 days’ tyranny in this Proyklce. from Sept. 2'1’ last until the pre- sent day, during which this Gov- ernment hss been in control of this!‘ plant illegally." Mk. Mathlesoo sa

Referring to Ron. Mr. Hughes‘ argument with regard to the act- ion taken at the time of .King Edward V1II’a abdication, Mr. Mathieson pointed out that this was done in a constitutional manner hr England, by means of a mess-

age to Parliament asking that a bill be passed to alter the suc- cession to the throne, which was accordingly done. In the Domin- ions parliamentary action was also taken where required under th: Statute of Westminster. In Can- ada. under this statute. only tihc

consent of the Government was needed.

Among other things Mr. Math-

ieson cited the views of the Privy

Council on the duty o! Govern-

Renews Protes t‘ lAgain J ones Government Action

out legislative authority. He dwelt‘

munlty. The same doctrine has been preached by Mussolini slid Hitler. 1t ls the doc of Com raunlam and of all espotia rag- lmes. which consider theaiselves above the law. Benevolent despot- ism always result: in the abuse of individual rlghtq/md for some reason it invariably corrupts the party which adopts it.

Mt. Msthieeon said it might bl a good idea to have constltutio si law shade "rn-escribed reading" for members of the Government. l-le also suggested the reading of Lord Dwarfs, "The New Despotism" published a favr years aco in England.

"The leader of the Government considers he was creating a pre- cedent in this matter," Mr. Math- leson continued. "We in His Ma- jesty's loya.l Opposition. in pru- tealing against the course he his taken. entertain no luoh opinion. We claim that we are not creat- ing any precedent. We are bring ing up nothing new in our con- stitutional history. I might refer to the actions of such men ll .Pym and Hampton when they protested against the illegal act- ions of Charles I and his advisers which led to the revolution in England. I might also refer to Ed mund Burke when he protested against the arbitrary notions of tho Crown and Government against tho American colonists.

"It is always some petty thing that causes the argument," he said, "but let not that affect the vital issue. 300 years ago it was ship money. In the case of the American colonies it was tea. ln

merits to obey the law of tho land. and on the fact that Parliameiv. cannot abdicute its ‘functions. These alithoritles. ha maintained‘,

crnmcrlt had acted illegally in this case, reducing the Legislature to the Status of a debating so- ciety. "If the executive can make laws which are binding on every- one, naturally there is no func- tion left to the Legislature,“ h" said. -

Defled Own Law

"f not only say that the Gov-

ernment has defied the law, bu: it has defied its own so-called crdcr-in-couucil; because this

0rder,~\vhich was published only in the xicwspapcrs and not in the Royal Gazette-sanctions only a temporary seizure of the plant, during a period of emergency.

"If it is reasonable to suppose that if a man is authorized to do a thing in an extreme emergency

the termination of the emergency," he said. “Assuming there was lag- ality in the origin of the action. we find the controller (Hon. Mr. Wright) carrying on without any authority whatever after his term was exhausted." . ~ Mr. Mathlesoil also scored the Government's failure to keep the public informed as to what was happening at the plant. “The in- cvitable result of secrecy in s matter of this kind has been a crop of rumors.” he said. "Some people think that the controller has not any control at all; that the only thing he controls is the exclusion of certain men from em- ployment at the plant. That ls he is the only outward manifes- tation of government control. Ever slum last October, when tho strike had been settled. who act- ually biws and pays for animals for the plant? Who issues the cheques? I suggest the Comps-ill does. Who keeps the books? Who carries on the actual management? I suggest the Company. Who guys the controller? I don't know that. Is it the Government. or is it the Company? How much does he get. and is he on Union wages? Did he draw the additional fifteen cents per hour as a result of the strike? I submit that the public should have lmowieuae o! the» and other relevant facts.

"There ls no question on this point, that the one who keeps certain men out of work is the controller appointed by the Gov- ernment, and that under their own so-callcd order by R0511 authority hs ls acting beyond MW power given to him."

Mr. Mathiescn snid that as a result of the Government's arbit- rary action there are still at least two men-both of them war vet- srans-who are out of work, and that" the action taken against them w "pure, unreasoning dul-

Qnatlon."

Benevolent Doapotlsm

The Government's action he de- scribed as "benevolent dtﬂliotism". The excuse given is that it was dons for the good of the com-

BRONCHIAL ASTHMA GE'I'S FAST RELIEF Don't let choking spells frighten you any more. l you ere a victim oi Infectious Colds, use Poleosfs Cou h dyrup. It acts as an" interna antiseptic. and thins out the -mucua_or phlegm that causes the gasping and choking. Fulton's Cough Syrup helps to bring better health and ‘strength to those who suilcr constantly from Colds. and it teems like a heaven-on-earth to anyone wailtmg to get quick relief for a Cough or Throat Aliment due to Cold. Insist on Poisosfs onIy-— the Cough

JGH SYRUP

proved conclusively that the Gov- I dual o, body o; mdlvldualsxv»

:0. P. Summary 0f

then his authority terminates with '

Syrup, of the day. 35c at all Nth w

this case lt was a. pork factory. l7: does not make any difference what it is. It is always some arbit- rary action aﬂlnst some indivi-

The Legislature

(By the Canadian Press)

‘In the Prliwe Edward Island Legislature's first nlglut session. Attorney-General Frederic A. Large said last night the Govern» ments action in seizing Canada Packers plant here during a strike last {all by un order-ln-councii was provided for by the Agricul- tural Marketing Aut of 1940 and was therefore icgal.

The purpose_ of the act was to provide for control of the pack- ing of native products and the “Lieutenant-Governor in council may establish, amend and revoke by ordcrs-in-council, schemes within the Province for packing of natural products," Mr. Large said.

“No attempt to control the whole industry was made and the Government was legal and proper in its action."

M1‘. Large was replying to an

Opposition attack spearheaded by David L. Mathieson (PC-Sth Queens) who contended that the action was illegal because it was not authorized by legislation and had set a "dangerous precedent". The Attorney General, who also advocated establishment of a Maritime reformat/cry and s. Maritime court of appeal, said Opposition members had been us- ing the word Pcxproprlatlon" loosely when referring to opera- tion of the plamt by the Govern- manic. The Government had provided for negotiations and had offered United Pwoklnghouso Workers (C. I. 0.) a bonus of 50 cents a hog. which amounted to chore than the ill-cent hourly» increase de- manded by the Union, he said.

Later when the Union represen- tatives were ordered to reject the bonus and raise demands to 32 cents an hour. the Government had termed the situation an em- ergency and passed the order-in- councll to assume operation.

Earlier. Mr, Mathleson said the Government's policy was s. dan- gerous doctrine that could "rs- sult in despotism." Executives had not considered the principle of individual rights.

The result of the Government's action "threw the plum out of gear" and was detrimental to the hog] producers of the Province. he sa . .

1m reply. Provincial ‘Treasurer William Hughes said there were instances when the executives "must act and will stand or fall by their actions."

He cited as precedent the action of Disraeli in purchasirigtheﬂuez Canal without authorization of Parliament because of an emer-

KEMY- _

He quoted the late Viscount R. B. Bennett. who as loader of the Opposition in Ottawa had said o! the Government's agoepthmg of King George's ascension to the Throne of England: "I do not like the proclamation adopted but, 1 aim satisfied that the Inuit was i-fihghtand rreelbmsndtnemsport

Mir. Mathioson, (Inarlottewwn barrister who had for a time acted as legal counsel for the

Union. said t plant (Hon. Hor- wl

controller of t ace Wright. Minister thout

portfolio) should have been remov- ed when the strike ended Oct. 2Q but had not been officially with- drawn. ‘

PllllllE 2483 l

later.

"40 days’ tyranny," Mr. Mathleson said, "but we have a 150 days‘

tyranny." nu. n. n. Bell It. Reginald Bell (PC-Jud Queens) in reply to the Throne

Speech. said he thought the gov- ernment's operation of the plant had been om “election gesture. ﬁnd the Premier knew better but wvnted to impress the voters." If Premier Jones had. called a. Legislative session, the Progres- sive Conservatives would have supported hha authorization bill and the Liberals "couldn't have made any impression."

He referred to a section of the muons Speech forecasting eibollt-

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it! Great George Street OBAELOTIETOWN. nu.

The only outward manifestation of the controller's influence was the exclusion of certain

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liament ratify the action 40 days ion of the land and road

Tihat instance was known as the plan of assessment." This, the said.

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DOMICILIABY INFLUENCE

_,___

m aslbe allotted w the Department. of of a “new Agriculture to be used for hiring additional staff workers, paying Old ago pensions in Denmark particular attention to livestock are influenced by the GOmlCRlt oi experts. the recipient. If he lives in the city

He said he felt a plebiscite on he gets more than a country mall. prohibition and waen-dments to the liquor law, as fmecasted in Premier Jones said the planhad the Throne Speech. were "rather been fonrned two years ago andwieedlass these days." Islanders approved. It was, to provide revenue could already get as much liquor for schools. . as they needed but not rnrore than Sill!!!" Mr. Bell advocated more funds was good for than. Eurvlie.

well as eslwblisllment

would not give any rciicf at all and “should have been mentioned in Liberal campaign speeches that dealt with removal of the original assessment."

ABOUT THE SAME

The area of Canada ls 3,694,061 square miles, compared to 3.776.700 ‘ miles for the total d

Her house ransacked, money stolen. ma. Aubrey nriuson, left. Brsntfoisf, Ont. "I 7W“

tied in cellar. She was la a dazed condition, caused by a blow on the head. It was reported mmiig‘ ice that $150 in cash, a. diamond ring and a bank book were missing from the room. A 111918 m" Mrs. E. Oavin. shown with Billy Mrguson. 8, right. rushed to the house after bein! Biimniim f” m. phone operator. Police believe Billy took receiver oft hook. The operator heard the womans m»

and the child's crying and called poiloe. '

__. -.._._.., .1,

eon sat-gear, angling,

. t

-1_¢'n-.rtee