The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

-- Peeeeeemeneeeeenenpremeee CCC e ae C NCO ® C omm ,' March 23 1 | * R , | Ellis Bill is Given Secondi Reading and Sent to Committee ' That juries are frequently preju-!, €iced against municipal corporations: anrd public utilities, awarding exces--| #'ve damages against them in the be-- | lief that they woere well able to pay, and that actions against such bodies | should be tried by a Judge without -- the intervention of a jury, was the ; contention of Arthur Ellis (Conser-- vative, Ottawa South) speaking in | the Legislature yesterday to the sec-- f ' ond reading of his bill to take such cases away from a jury. The bill, which would have a far-- reaching effect, in that it would take from --plaintifis their time--honored P } right to have a case against mu-- i nicipalities, Polics Coammissions, 3 *ITransportation Commissions, Boards of Education, telegraph and telephone companies and steam railways tried before a jury of twelve of their peers. It was given second reading and re-- f ferred to the Legal Committee, but: Hon. William Finlayson, Minister of , Lands and Forests, who spoke for the ------ Government, quite c?ndkny did nos The member from Ottawa South would hold out much hope for its passing. lead you to think that judgments from Often Excessive Damages. Judges are better than from juries. Stating th::t the bil'll \:'!ouldlhave \:11 But many of them are upset in ap-- sBuch cases tried by a Judge alone, Mr. » Eillis said: "I bolieve a condition exists peat," he argued. | today that justifies a bill of this kind.. Says Railways Protected. I I am sure any micsrgber tot 'z;nc rlega':, p. J. Taylor (Progressive, G»tey'; [# professior who wishes to rank | x' > w# ' avill acknowledge that juries are biased | North) said: "I am opposed to thel , and susceptible to arguments of soli--| Pill going to committee, It is a strange | citors. This is true in actions against . thing to me that those who have wealthy bodiecs Often excessive dam--| favored it should be of the legal' Rges are givon. | | fraternity, Street railways are now | "In a number of cases juries are| well protected. They have a legall hopslessly biased against corpora--~| Sstatus. While we are proud of our tions. Their sympathies are with the: Judges, Judges, like our lawyer friends, plaintiff. Courts of Appsal uf';.- é\lesi-} micht let the same feceling enter mtol tant in interfering with the findings| e_case." of a jury, and they rarely interfere-- _ "I do not feel that this should be with findings of fact." disposed of in such a summary way," | Mr. Ellis stated that certain cases| S@id Hon. William Finlayson. '"Those | | at presont, where actions are launch--] Who have court experience know that _ _ ed because of snow or ice on side--| things are slowly being taken away walks, etc.. must be tried by a Judge| from juries, We may not live to see [ h top: in tave of ty iaal is ¥ W. E. N. Sinclair, Liberal Houss| | "Is that the 4 = Teader. agreed. "It does seem to me: lernity?" interjected Mr. Taylor, that all cas>s like this should be left If it was a matter of legal fees, _ _ in the hands of a trial Judgs without| lawyers would be all in favor of jury @ _ a jury. Such actions are abt to be| trials,' replied Mr. Finlayson. Person-- disastrous to municipalities," he said.| Aly, I have not yet reached the stage . _-- _"I do think the bill should go to com--, Where I am willing to extend the f mittes for discussion, so as to see whati power of the Judges at the expense of -- can oo done. No hardship would| & Judge and jury. That system has & result to litigants with a just case. worked out very well. Damage actions Often damages are given where the| Are particularly matters for a ?""'Y' 'Injury is not directly traceable to the| And I agree with the member dmtlg _ e miat, ve| take i away. But we quite reniive i -- Hon. Harry C. Nixon. Progressive * Leader. ('ppoicd it. "I feel that we| that, the way a jury is picked, you | would be making a very grave mistake| Are quite apt to strike a jury th"'l | 'to adopt the principle of this bill. We| feels strongly on a matter." He was ' rhould retain the right of trial by jury,.| Agreeable to it going to a committee.