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* Mr. White, for the Provincial Treasurer, said that the only objec-' I tion raised was that the Attorney-- General of the Dominion had not' been notified. He took issue with | Mr. Tilley and said the only point f to argue was the ownership of the ¢ maremei inaaedrratorcrnanien money. f _2' Mr. Tilley--That is o thi -PTOV vege § s + Y F t is one thing that incial Treasurer's Motion can't be argued. The atatute says | Regardin w T that thfi cou;t cannot determine the ager ¥X ownership of the money. g g s la ' On Mr. Tilley's suggestion that he Goes to Appea' \ would go to the Court of Appeal ; onl e immediately Justice Riddell dis-- | 'missed the motion "pro forma." IS DISMISSED BY JUDGE ® | ermmeennemnaeniomenireerezieis More argument on the much--de-- * bated Provincial race--track betting' tax, on the subsequent injunction, '"Declaratory Act," and motionst arising therefrom will be heard be--} fore the Second Appeliate Court at & » + anvmmemes rmn mm en 2 o'clock this afternoon. + Dismisses Motion. t JUdgment ReSel'VBd As to Yesterday morning, after a strenu-- I & ous argument by W. N. Tilley, K.C..i Re'evancy Of Telegrams to in which he objected that the mo--| HUSton ||'\QU|I'Y $ tion of the Provincial Treasurer] should not be heard by a Judge with : 'ut | pronounced views on the legislation fRr'A dgf;xsxon of _ the Secondl f in question, MF. JuSstice Hiddell dis-- Appellate Court yesterday morning,| missed the'mot'ion of ti\e'P inclal Commissioner MaciIntosh will not be, i Feagurer "pro forms" ro;ur;:il:e ordered to grant a stated case in| C * ° the d M | Riddell and counsel taking part in .ispute dnc 'rlee\gncy CA (he hearinge of the--motion walked certain telegrams received ky The C t t ' Evening Telegram over the C.P.R. ()Ter 1.(» where the {Appellate Court telegraph wires in the commission's ":gs slttiitng' but, as it ;ras ;h:n 92- inquiry into the death of Captain gaged, was arrange tha the Orvill s * ® molion should be spoken to this f\x e Huston -- at Port' Frances. afterhnoon. After hearing argument in camera The motion asked that the $183,-- in the afternoon, the court reserved 070,455 per cent. betting tax, Ac-- judgment, as to the relevancy of > cxfmg;llated in court under the order these telegrams. 0 7 i i (na' i over rtoJ ':figc;'rlt)l\lr'iir?é?;;m'l"rle)::s)\:ggrded At yeaterday mornine 5 "s s oo in pe-- wW. N. Tilley, K.C., and Adé{m ] fore Chief Justice Sir William| Ballantyne, K.C., appeared before Mulock and Justices Masten, Kelly,'t Mr. Justice Riddell in the morning, Ferguson and Rose, a strong argu-q "tll'l'éi L"lr"o?i'nc'i;?i'tl'er:e;g;fi:érrepresented ment was brought up by John D.] Mr. Tilley asked that the motion Spence, appearing for the C. P. R.\ * stand, pointing out the fact that Telegraph Company. He claimed not{ce of motion had not been served |that. under the Telegraphs Act, the' a'?itslli:'1:3gqar;teSatAJgd:rbgufélcl;ar;&tclfie 'strictest secrecy is enjoined on tele-i larly as the co;lstitutionaliiy of two igrams unless. they were prod'uc.:ed acts of the Legislature was in-- ]on an order of undoubted validity. volved. That the Attorney--General llt did not appear that Commissioner of the Dominion should be served |\ MacIntosh could command their pro--| was another reason for delay urged 'Aauction and afterward determins| by counsel. His Lordship refused their relevancy, since the subpoena | to delay hearing on that account. received by the company wWASs tool S vague and general in its terms. Mr. Tilley's Plea. According to Mr. Spence, the Stating that he had been advised documents had not been producgd, that Mr. Justice Riddell had ex-- but had been personally filed with pressed strong views on the legisla-- Commissioner MacIntosh. Replying tion under which the motion came, | to questionin& lfiy Justice Masten,. ho and without hearing argument had M claimed that the company was not, y - | a party to the transaction at all, refused to grant a stay, Mr. Tilley s ; | but was only a witness, and hence urged that this motion should not § ( e % 3 be heard by his Lordship Mr Jus-; incapable of determining the rele tice Riddell stated that he would | i'f:ar\l:i)s" stl))feecthhewa;el:figighs.toMfggg hear argument; he was not aware' been based uU . | 3 pon the documents in | of ml'v"'"o; r:;:pregsedus;:tci)gg view'a on | question, but nothing had -- been| th?'Tl?egl?lSels(;?or:llin%ofired éoe rightl t weAmel tothhim todpr(:;'le c?&r;xt\ectionl x C . | 'between them an e orney--| to the foundation of t.he rjlunsdic-é ; General's department, which would ' tion of the Legislature: JC id ]13;"& be necessary to prove the truth_or | minion should be notified, sai ¥. falsity of Lewis' statements. His| Tilley, who quoted precedent in a desire was, he said to protect the judgment of Mr. Justice Middleton secrecy of the telegraph company. in the electrical development case. * > Eda. Bayly, K.C., Deputy Attorney--| -- \' _ _He differed with his Lordship on 'General, stated, in reply, that the, |\ the point that the motion was for a "terms of the commission amply \ decision as to who should be the | o covered the "good Government" . of 'custodian of the money. The On-- 'the Province, g.nd that supplement-- tario Jockey Club proposed to dis-- ing A Coroner's inquiry related to tribute the money deposited with it this. He suggested that the docu-- |according to law, and the Crown had ments be reviewed by the court to | hi determine their relevancy. For The \stated that should it get this money it would not return it, irrespective Evening_'I'elegramil D. Lf M_c(ia.rthyi to whether or not the acts under K.C., said that the only value °6 s i the telegrams could be whatever which it was obtained 'were valid. .. C 5 th "weo are being asked to consider assistance they might give, to 190 e f the most important -- cases commission in the inquiry. He coul'd1 one g has ever arisen _ under the not see the relevancy of Porter's g];\lch Act," declared Mr. Tilley He | | opinions t';;mc}flt wa{; efipriised Sole .N. A. » i 4 s after the death. also argued that, as. Mtr. Justice | tw'(l)'hrgO(Ii"iscuamion of the court with Middleton's order had been given in Mr. Bayly and Mr. McCarthy as to court, it could not be upset by a || ... \the relevancy of telegrams, held in Judge--in--Chambers. lcamera in the afternoon, resulted y * 'lin a reserved judgment. The Judges ® 4 f : lare seeking more information as to 8 bo¢ ~--|!the exact statements made by Major| -- E > + ' Lewis in the House. e v..'~ , ',.i #6 ..3 x) > C o A t