IMAGE EVALUATSON TEST TARGET (MT-3) V // :/. fA fA 1.0 I.I 1.25 lit 2.5 2.2 M. 111.6 nL^i Ut riiuiogiapmc Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 m ^ \ 'Q iV -s^ %^ ^ ^ 4fS & i/± H I ./"O ^ t.^ CIHM Microfiche Series (l\/lonographs) ICIVIH Collection de microfiches (monographies) Canadian Institute for Historical Microreproductions /Institut canadien de microreproductions historiques CkCk Technical and Bibliographic Notes / Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. 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Les cartes, planches, tableaux, etc., peuvent Stre film6s d des taux de r6duction diff6rents. Lorsque le document est trop grand pour §tre reproduit en un seul clich6, il est film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la m^thode. 1 D 22X 5 P'-*",W»SSt'^ '•>«man had no right to search without a warrant, and that when su( h an officer came into his premises, without a warrant, he had a right to expel him, more espe- <;iaily if the ofHcer were not in uniform. It w^as also asserted that he resisti'd the search merely to test, before , the courts, the rioht of the police to seavth without warrant, and with- out being 111 uniform. No " l)attery ' was committed, and the assault con- sisted m threatening to strike the policeman with a bottle. Mr. Travis imprisoned Clarke for six months " with hard labour," without the option of a fine. The Executive was moved to discharue the prisoner on the STOund \ that the decision was wrong, and also on the ground that, if right, the seutiMice was too severe. No interference, however, took place and Clarke serAM'd out his ti'rm. Sheehy and McUrath were charged with an aggravated assault. One of them was siiitenced to imprisonmtMit for a year, and the other for eio-h- teen months. Mr. Travis informed them, shortly after the trial, that he had pronounced so severe a sentence in order to create a public impression of the strict manner in which crime would be punished, but that, if their conduct 111 prison was good, he would recommend that they be discharijed at the end of three months' confinement. He then made a recommenda- tion to the Department of Justice to that effect, but followed it by a letter stating that so strong a feeling of resistance to his authority had mani- tested Itself, m reference to the Clarke case, that it would be unwise to release these prisoners at the end of three months. They were kept iu o lar, theretore, as the cases are concerned, in respect of which Mr Iravis slal.Kl that the liquor interest of Calgary was arrayed against him ha had no reason to complain of want of support on the part of the Jixecutive. Ke had used his Judicial powers pretty fully, without any remonstranc,> on the part of the Government. It was only when he entered into personal conflict with those who were oppos.'d to him, and when he pursued them with a resentment which was unbecomino- the judicial position, and with penalties and procedure whi h seemed not warranted by lavy, that any remontrance was made by the Executive. There could be little doubt that the reasons for Cayley's dismissal were not so much his disposition lo indulge in drink, nor his neglect of duty, as the fact that hi. nad taken some part in a so-called "indignation meeting" which had P M T ^^ '.^^"V,\°f,*^',*^ '''^'''''''^ «1' ^''ilS-ary to protest against the action ot Mr. iravis in Clarke s case, and that he was understood to be the editor ol a paper which had made comments on the Clarke case which were dis- tastetul to the magistrate. A.S the dismissal, however, professedly was based o]i the causes first set lorth, no luterierence took place. That act, was immediately followed by proceedings of a less justifiable character, against some of the partici- pants m the Clarke agitation. It is said that Cayley was editor of the Calgary Hera/d, and that in ins paper, h;; not only published an account of the Clarke meetin'^ but published editorial strictures on the decision itself. Mr. Travis became indignant at these criticisms, and resolved to treat hem as contempts of court. IL? summoned Cayley to ansAvt^r for con- tempt, heard his d(>fen.e, pronounced judgment against him, and sentenced him to pay a hue oi .i" contempt, not committed in the fiice of tne court, has been rarely, if in'er, exercised excepting when the act consti- tuting the contempt has tended to obstruct or em])arrass some judicial proceeding. '' In this instance Mr. Cayley's contempt consisted merely of criticisms 111 thc^ press, conccM-ning a case which was no longer in the court, and which had gone bcdore the Executive. If a judge .an treat such c-riticisms as a contempt of his authority, and can visit th.> editor with indc^finite imprisonment, the judiciary will be free from all criticism by the prc^ss and may puiiisn in the severest way any strictures which may awaken the displeasure of a judge. '^" fV tJ^'i* in this particular case the strictures were too harsh, were 111 lounded, or were untrue, does not affect this position, bec-ause, if Mr Iravis was right in his view of hi« authority, th- validity, justiicss and truth of tl is the aggi judge cone he might ofothfr m just and m The e and uncall There freedom fo justice in a with the C( ■or others, c case (The C ^oG) Uram^ be, and are House of L " Tliere w fitructive cont court, but oat place had no ; publication of was then actut ence that the and imp. do tl long period. HI they had i which was rar, man, .lohn Bai made a speed for that \v,as c.n case, whore, in also used vvori before a jury, 1 be folloived. 1 in the neivspa] doctrine of cor vol. 277, pa^'e Furthe " Its cflecl required the fi an objection 1 maxim — ' A7/j crime was in ■•il was usual to in 1(513.) Lord C. "It not un •course of justic in the case of ^ olfences, alt'hoi •cngiiizable by t iutcMference wi know that the ( ^vil9 clearly of o and at once sue Btructive only— .knew, the cases ha.il hardly ovei yhj had failed von him. The in this matter, of which Mr. i against him, e part of the without any hoii he entered and when he g the judi(;ial lot warranted There could 3t so much his le fact that he which had st the action > be the editor ich were dis- e causes lirst tely followed )f the partici- and that in meeting, but Ived to treat wer for con- nd sentenced nmitted until as committed of a stipen- ipt not cora- 1)6 said), and f a Superior grave objec- the face of 10 act consti- ome judicial of criticisms e court, and "h criticisms th indefinite )y the press, awaken the harsh, were ause, if Mr. usiiuess and frijth of the criticisms are all matters to be decided on by the iudo-e who s the aggrieved party. There is no appeal, and the critiLms^ Wxichlhe judge concerned might consider harsh, ill-founded and untrue and vh ch he might therefore punish with severe imprisonment, might in thJev«s ^S^and n::^ '' ^'^ ''''''' ^'^ "^ ^^'^ ^^^^^^^ ^^t larg^be coil^S and un^aHel^r ^' '''^ ^"""' ''' '''■ '''^''^ ^^^^fo^' -« -tremo There is much authority, judicial and otherwise, in favor of nerfect freedom lor criticism whidi does not directly interfere with the corse of lustice in any particular proceedinu, and which does not interfen> ge3ly with the course of JUS ,ce by intimidating or biasing the jurors witnesses Z^'.nTn' ^^''^T,,/h^;-l"^i»i«tration o'f justice ch>peiu s I n Tm^ d e m case ( he Queen rs 1 he Bishop of Oxford, 4 Queen's Bench Division Tna^ 5oO) Lramwel L. J stated that " the sentences of judo-es malou rlt to h., and aiv criticized by laymen." In a debate which took place ?n the House of Lords, A^iril .Jth, 1883, Lord Fitzgerald said •_ court but outsidl the com t!an] n'o^ h Th^ P- n e^t^urelX^'^'d a^T^Jl ""' /•" "^^5 place had no applicatiou They arose someUme? from peLches ' bu oriicinT' T Tv.^ imbhcation of newspaper articles m reference to lom^ /rltThl',,/ fmcipally from the was then actually yoiuy on. This constri cHvo contemn/^lein , , ^° !-''\' P^""' ""• "'*'''* made a speech on local aflairsrin which he spoke lirespecuHv of tL ICIni'^'R^^'''';'' '^^ for that was called up and sentenced «un,marily to .^tS of imp.l menV f^^^^ case, whore, m a petition to the corporation of I.oadon the mrtv d«rtl'„ m *"0'^«r also used words disresnectful of the Kln,T'« rLm. T. ' ? ^- h helled the aldermen, and before a jury, hut ^:lssTnuKr^^^^^^^^ "»'' '"'^t and tried btfollou-ed:'ln modern times thir, owe.- o coL^^^^^^ h^it'f ""''r ""f* f?"''^ ""''*"«' in the newspapers which were though to b te^fe a Sh the I " "1?"':"'''*'^^ ^^,^t^^ -^'^-^^ '- -« whSriL^^tSSotvo^[-r-^,.,]^ Further on he says ; an objection to the doctrine and nrictice ih^t h\ \Z,,^i P ,^° Ue had such, maxim-. AV/./a/,,/ audeat, JJ^inol'^Tat itV'" He" neerS riaf con\n^ t''^ crmio was in all cases contrary to the genius of th- EnMisT law nn/l H,„^- <=''°*t'^"°''v.» was^usualtointcrposeajury Vor the ,;;.otoction 'i^fi^'i^el^^L^a^;^^:^^ Lord Coleridge said in the same debate :— pu Lurd^^eve. ^.eu i-erHons committed lor contempt exoept7n case^ where'^^o '.^ntompt (2.) Mr. Travis' complaint roally was that the editorial strictiiros i,. Cayloy s paper wore liLellous. If .so the more, appropriate rnnedy won have been uuhetmeut, or criminal information/. He ( W W -ye • e more Hnmmary and ex.'eptional method of trial for contemprani ^s s cmnmon in cases of contempt, but not in proceedings by indSent or cri- minal inlormation, the ao.o.,i,^ed party it as judge in^ his own cause i„,l «PPli*"«tion was made for a writ of habeas corpus to some of the judp^s ol the .Supivme Court of Canada, but those jixdo-es conSred thtt idTef^^Th ''"" '^''^ not oxtend to the Territories and dec Ihied to oi^o TUiei. Ihe casc> seemc^d to be eminently a proper one for ExcMutive int.'r ^K S;r*' *^"^ ^'w°" of the judge^n Siforcing the aiSt^^f a v^t doubtlul right, seemed to mdu-ate personal resentment ^ +>.nf .^*f '''niive had to keep in view the generally recognized mincinle that punishment lor c-ontempt is amatter forludicial discretion iml/.w one in ivspec.t of which the crown usually exeilises thVpr "oga^^^ It was necc^ssary also to consider that Mr. Travis accordino- k) hi' own rc^presc.ntat ions, was engaged in a conllict with s^m athi/4 of a Ihcit business „, Calgarry. It seemed therefore poS e that a dtc' mSrale'..;i" ''''^"^""" ''''^'^'^^ '""'^'^'^ weaken the authoi?; of the magistiate, and give c'licouiagement among his oimonents leadiiio- f hem Tr.vr ^^^^V^".^^"^'^'^'^T"* ^^'^"^^ '-^^^^ ^° thcu/iiTn othe ca 1 £ S/ 1 ^yf.^hcn-elorc; asked, by telegraph, to release^ the prison ei'tud was told that his authority would be h^ss iinpaiivd by his doino so than Vn' direc;t interlc>iync-e on the part of the Govcnnment ' ^ ir^ih.^ Hf^^ ^^'''^ ^^y^'^y would have boc-n glad to submit himseif ftfl^u } r ' 1 "? '?'''" ^^'' supposing that Cayley had any such dism. repudiated all responsibility for so ill- Mr. ]\] Minister of Justice, and that" he advised a step. relea^/of ;'^vf>^''' ^^^'^ ajood deal of trouble to give evidence that the release ot C avley was immediately followed by an outbreak of lawlessnesl and by manilc^stations of triumph on the part of peoSr n fll..- . v t ' ment by the inagistratc^ that his authoriy had been over-ru hT aiT W c?«e oi-''TK"' '/"^ Y'^l discharged, not by his clemency, bu by th exer cise ol authority which he could not resist. ^ Ihe next ineasure of resentment which M. Travis took was a"-ainst AV!hJ^" ^'n '•''" P^-'^^'ti^^^S- law in the courts of the TeiStodes nr P«f 1 rl-""'!,^ ''"'*' '^'?"'' "° regulations providino- for calls to the bar or establishing the practice or standing of k-al Dractitioners T„ Ihl tTZ'.l «"«h any person who, in his%wn o;hi^ot was""ualifi"d^ -^_- ... ...I pcicoub ^^hu were in practice when, it came into force, to con- tinue to 1 coiuplyin prm'ailed promiiien acted as ( was pract and, after Mr. Travi recogni/e acquired be depriv Mr. 1 ing." He rectness o which to expressioi said " I M then addr barred for rect>iitly b sneering kindness, inevitable Travis, as Davis to p In im matter of professed Davis had be heard i: decided, a not cmtitlc some perse and, as su( Mr. T ment to th he could n from beiiif power of asserted, b conceived with the r by an ordi at electioui The e troversy w person nan corrupt pn which was sisted of th itempt were at all il strictxiros in fomedy would , liowfvcr, tho mpt, and, as is ictmi'nt or cri- owu causo. > some of the onsidored that •lined to give sccutivo intor- a'tionofa voiy izod principle on, and i^ not ative of mercy. Drding- to his ithizers of au ' that a direct hority of the loadin, was a postal card which he had r, - ived from some pi'rson in ^Manitoba and which he produced and read in court. Mr. Murdoch was :Mayor of Calgary when :Mr. Travis arrived there, and, as such, he was exercising the functions of a justice of the peace. Mr. Travis formed the opinion that the Mayor was uiving encourage- ment to the liquor dealers, and he appears to have conceived' the idea that he could unseat the :\Iayor and the whole city council, and prevent them Irom being re-elected, thus depriving the whole municipal body of the power of doino- any harm. The opponents of the liquor dealers, (it is asserted, but not proved that this was by a sus-gestion of th(> ma<«'istrate), conceived the id-a that the council had committed a wronu' in connection With the revision of the (dectoral lists, and that certain penalties, established by an ordinance of theXorth-West Council, in reference to corrupt practices at elections, could l)e enforced against them. The elections had taken place months l)efore ;— there was no con- troversy whatever as to any election ;— ]mt a petition was presented by a person named Marsh, charging that the Mayor and council had committed corrupt practices in reference to the electoral list for the municipal election which was about to come off". These so-called "corrupt practices" con- sisted of the council having add(Hl a iiunibev of names to the electoral ligt 6 of persons whom thoyn,s,sort..d to l,. qualiflon, without sworn evidourc boin^- addu.vd ol th.ir .iualiliration, and without lormul noti(.r th . appli.ution to hav. the nanu-s added. In point ol ia.t about 78 name In 1 been added to the hst. H does not api^ear that these persons had o i' c!:^yZ":p;!::;r^^''"^'^'''- It may l)e that sueh irn>o-ularities wouhl have ,.na])hHl some trihun-xl to review the aetion of the eouneil and to annul the rc-vision It v y h I that no sueh .lundi, tion was in r.ny tril.unal. If tlu- hitter l,o true i " h- s only to hesaul that the eom,,etent leoislativ,. authority of the ll^-r tor es had <-hosen that the aetion o[ th<. eouneil should he Jinal, and no let Titles, as a rase ot personal corruption, was just as wrono- as to inim e T^::U::'^iz'' ' •'"'^^' ^^■'^ ^^^^ ^^^-^ ^^ ^--- — -« ^^^ ^n ^^% n'""^'''-' ^'o^^;'^^'*^^'' entertained the petition, and merely on the evi- dence of hese irreo.ularities, deeided that the members of the c-o ndl h', d been c^uilty oi corrupt practices, and adjudo-ed the extreme penavo depnvino- them o their oiliees, and disqualifvinq- them lor wo ye r.^ fo re-election In addition to this, he lined Mayor .Murdoch s^lOO and co^ts and each of th<. other councillors $20 and costs and caused execxtions to be issued and the o-oods of some of them s.nzed. ^^^^ uuons to De , 1 ?J: T!f '" ^^'''* ^ V "'-'>''''■ '"•'-^ <^'oiincillors had sympathized with Clarke What makes these proceedinos sfiH more peculiar is, that when the lists were l)enm- revised, and when the so-called " corrupt pra<' icis " w^. inlli. ted the heaviest penalty, was not in Cal-ary, was not even in the vinc!4'" Th ''' '''"' "^'^'"'= ^''' ^'T''' ^°™*^ "' <^^^'^ «f the Eastern Vro- vinces. 1 h,; process summonin.o- him to a]Mi,.ar in answer to the ch-iro-p was served on Mr. Murdoch's family before his return = ' mov.M in +1?'''' '"''''?' ^^"f.by ^,tf"'8- that the mayor had been the prime mo^ei m the corrupt ].racti.-es" before he left. The evidence on which this IS based IS simp y that Mr. Murdoch, before he left cVl n-o t ai d xfmv the time of revision had arrived, had prepared a list of peT ons whom 1 e considered quahned to be added to th," electoral list. This list he eTwith ^^^rif'urT''^^\'^''^'^''^ *'-^ '^^' matter shiuldoVS loigotten, but should be brought before the Court of Revision. He lu-ither commUt^^ln"/!-'*^""^' -^"'^ ^^"V^^^ '"^^y '^''' ^">' irreo-ularities wi obe committed m the revision, or that a single name was to be added without qualijR at on. Mr. Ira vis is then m this position— that if the "corrupt pra.;tices, 'which justify his dc'lsion. were the acts of the reyisors ndding to the lists, Murdoch should not have been cmiv . ted iecaus.^ he tTadd tlon T''^^ "^''•""^^' ^^*V' """"^^^ ^^^'^-^"^--^ -^^«i«t^>d of the iXcino. tht addit on ot names improp,>rly to the list, there is no char-e of that kind f it wrefore, not only a practical reverse ii asiui^,,u.Mvay without Jurisdiction, of ^^^ with n Its jurisdiction, but a severe punishment of members of that cox^rl for acting irregularly, inflicted under the pretext that they had ac ed corruptly, evidently were not trov(>rted, used and Havii council loi oHered for ifi(>d. Ml ofleriiiii' k He S( " Please from t)ie Ea; corrujjt jiiac disregard of i Subse " Parlie; should take t of the Suprei judge in any The r( *' I dn n( office on liis i After the bull b; be served ding him ele(;tion w opponent 1 the makin The p Keilly 18. electoral li Even was prov.^ community porting th( order, but whom he 1 obtained !)■ In ord the electio duly electt regards thi had comp] was wagec claimed to the author; elected by When to the auth public hoc ^woru evidcnod .1 uotico of the u< 78 names li;;(l 'lis luul not the iroa]Klol's\\orii I somo hibunal on. It may he • bo true it" has the Territories uid not sul)ject ' ihese irreiiula- S" lis to impute roneous in hiw rely on the cvi- h(> coiineil had 'me penalty of r two years for i^lOO and eosts, xecutions to be xl with OLnrke, I kiy the Chirke that when the iraetiees " were •n whom was lot even in the e Eastern Pro- to the charge, )een the prime enee on ^v]lioh ary, and bel'ore ' sons whom he ist he h^l't with should not be 1. He neither ; ties were to be ' idded without r evidence of the " corrupt le revisors in ' 'd becaiise he f the inducina' e of that kind -i to support it al rcA-t-rsal, iu a coiirt acting of that court ey had acted corruptly, and inflictcHl nnder the provisions of an ordinance which evidently related to corrupt practices at an election, although the pra.ti cs were not committed at an election, and although no election was con- troverted, and iiUhongh the election in respect of which the list was to bo used and the practices had been committed had not yet conn' on. Havini;' pronounced this decision auainst the Mayor and obnoxious councillors, an election took place to lill the vacancies. Mr. Murdoch offen-d for re-election, althouuh Mr. Travis had ])ronounced him disqual- iFi(>d. Mr. Triivis then conceived the plan of treating the Mayor's ad in ofi'oring for re-election as a contempt of court. He sent the followinu' telegram to the Department of Justice : — " Please telegraph me by to-uiorrow your view a.s to whether snnc and responsible parties from the Eastern provinces who prostituting electoral lists whole.-^alo were found guilty of corrupt piacticeH under the onlinance and disqualified, acting in wilful violation and utter disregard of court should be dealt with as they wcu'd be elsewhere in the Dominion." Subsequently he wrote as follows : — " Parlies are now preparing to bring the matter again before me, and this time I believe I should take the bull by the horns, and deal with the whole lot of theui as I{itchie,Cliicf . I notice, of the Supreme Court of Canada, or the late Judge Duff of New Brunswick, or any other judge in any of the Provinces would do." The reply sent by telegraph from the Minister was this : — '' I do not advise judges as to what decisions they should give. Each must exerci-e his office on his own responsibility to the (jovernnunt and to parlies concerned." After this reply Mr. Travis seems to have thought it safer not to talvo the bull by the horns, but, on the morning of the election dav, he caused to be served on the lleturning Officer, at the election, a Judicial ordi'r forbid- ding him to receive any votes for Murdoch. This iilterference with the tde(;tion was designed of course to make the poll show that Murdoch's opponent had received a majority of votes. Thert; was no authority for the making of any such order, and the election officer disregarded it. The poll was taken. Murdoch recunved 130 votes, and his opponent Keilly 18. It is alleged that of the 78 names irregularly added to the electoral list, about 41 votes were cast. Even taking these oil', Mn ...Ais election would seem to show, as was prov.'d, indeed, by subseqi. 'i>t testimony besides, that the sense of the community was against ;Mr. Travis. He claims that he was merely sup- porting the better elements of society against a faction opposed to law and ord(>r, but if this was so, it is a strange circumstance, that the candidate whom he had unseated and disqualihi'd had over seven votes to every one obtained by his opponent, even in the face of the sentence of disqualihcatiou. In order to complete the work which he had commenced, he sent for the election return and reversed it. making a return that Reilly had been duly elected, and not Murdoch. The same operation wasii'one through as regards the councillors, and for some months, and until ]\Ir. Justice Taylor had completed his investigation into the conduct of Travis, a dispute was waged in the town between the two rival l)odies. each of whom claimed to ])e mayttf and council of Calgary, and each of whom exercised the authority of mayor and council ineffectually. The mayor and council elected by Mr. Travis eventually gave up the contest and resiu-ned. AVhen matters had reached this stage, and there seemed to be no limit to the authority which Mr. Travis was" exercising in Alberta, both as to public bodies and to private individuals, and when his communications 8 to i\v.} DopartmoDt of Justice had, evou withoiit any other ti'stirnony, madt! it apparent that an enquiry into his conduct and fitness for his position was necessary, an investigation was ordered to be held hy Mr. Justice Taylor. Mr. Travis seems to think that this investigation was ordered as a concession to Messrs. Bh>ecker and Lindsay, who came to Ottawa in Fel)ruary 188G, asking for his removal. As a matter of fa(;t, however, th«! f?nquiry was not ordered in consequence of those gentlemen's solicita- tions. Their visit to Ottawa resulted in nothing more thaji the formulating of the charges against Mr. Travis which they thought required to be invest ti gated. Mr. Travis has also complained that he was not « ailed upon to confront those gentlemen, but the only prociM^ding taken was to order an inves- tigation in which he could confront them. Another complaint is that the charges were not <'ommunicated to hira. in order thai: he might reply to thinn before the Crovernment decided t<) issue a commission of enquiry. As to this it is to be said that Mr. Travis had, from the commencement of the difficulties, adopted a course which was not only unusual, but unprecedented, in a person holding a judicial position. He had, at every stage of his conflict with individuals in Calgary, and with the municipal authorities, communicated to the Department oi Justice, at great length, and with great particularity, his views as regards all the proceedings, and his arguments in his own' favour, by which he sought to sustain every position which he took. It is obvious, therefore^ that to submit to him the charges in reference to these very matters, in every one of which he had defended himself in so far as he could, would have been a mere matter of form, and would have; caused a delay which was very undesirable in the very disturbed condition of aliairs in his district. Mr. Travis, in the course of the enquiry before Mr. Justice Taylor, has taken some pains to show that some persons who signed the petition to the Government against him, asking for an enquiry into his conduct, would not have signed it if they had supposed that it reflected s(. strongly as it does iipon his conduct. No doubt much the . i.me may be said of the majority of petitions, but all the evidence on that point seems irrelevant. There were bond fide names to the petition, and if the petition and th(! documents in the Department called for an enquiry, any names that were added, by mistake, or in absence of due enquiry by the signers, may be treated as surplusage. When the matter went before Mr. Justice Taylor, the Government had decided that an enquiry ought to take place, and it mattered little then who had asked for it. Th.^ real question was whether Mr. Travis had been exercising his functions improperly or liot. It is to bi^ obssn-ved on this point, however, that none of the witnesses called by Mr. Travis alleged that they would not have sio-ued the petition if they had known what it contained. They were asked if they would have signed the petition if they had known that it contained an attack on the judge, or questions to that effect. There is some testimony of a like kind as lo signatures which were obtained to a counter petition on behalf •of Mr. Travis. The conduct of Mr. Travis had been so marked by resentment, and by the exercise of arbitrary power, that it was apparent that he should not •exercise, gt •concluded, dear that h promoting •otherwise, lions of a .1 •demand w pare for tl irai>ossible it was nee trict. Ace made muc He hf Eoyal Ran been confe that he mi pany, and that he, (:VJ iompany ^ various pr( .sessed his He ha be held lia for want o The H end, by th^ •other of th proc'ceding Apart f/on absence dc On th bench at t' referred to Mr. B] " Q. Wh " A. Aft( Davis ; this n a lawyer that will amount I " Q. Did " A. Yes is a barrister notary public " Mr. Tr " The Co may be that " wanes tor,' and ther mistakes wer indebted,' an 9 cstimony, madtifoxercist*, pviicrally, his i'uiictions as a muii'istrato until the invosliiriition was lor his position conrhult'd. IT In- had hccn allowed to do so, thciv would have bi'cii i\'ason to )y Mr. .Iustio«! icarthat hi'iniuht exorcise his authority toinlluiMue those who wero either promoting the enquiry, or misi'hl b(> called onto aid it, hy their testimony or as ordered as a. otherwise. Besides, it would he \inseemly that he should exer("ise the iunc- to Ottawa in tions of a Judge in the very place in whiih he was tinder trial. Again, th»i t, however, the^lemand which would necessarily be made upon his time and eneriiy to pre- ?men'H solicita- pare for the investigation, and to conduct his defence, would render it the formulating impossible that he could discharge his ordinary duties ; and consequently ired to be inves- it was necessary that another magistrat*' should l)e sent into the dis- trict. Accordingly, leave of absenc ; was granted him, and of this he has ipon to confront made much complaint. trder an invcH- He has ^'presented, for example, that in reference to the •' Mount Royal Ranching Company," which was in liqiiidation, certain powers had iiicated to him. "been conferred on him by the High Court of Justice of ( )ntario, in order cut decided to -that he might act in aid of that court, in proceedings to wind up the cora- that Mr. Travis pany, and he has contended that the liquidator availed himsi'lf of the fact course which that he, (Mr. T.), had leave of absence, to sell .some of the pro])orty of the; iing a judicial company without giving security for the proce(>ds, and without taking aals in Calgary, various precautions whj"h he, (Mr. T.), woixld have ordered, had he pos- Department ol .sessed his usual authority. lews as regards }Ie has even gone so far as to represent that tht^ Grovernment should by which he be held liable for any loss which the creditors of the company may sastain ious, therefore, for w^ant of such orders as he would have made. n-y matters, in The High Court of Justice of Ontario might, on an application to that could, would end, by the creditors, or their counsel, have conferred authority on sorat* X delay which other of the magistrates to act in aid, in connection with the winding up f atfairs in his proceedings, or might, perhaps, have made any nec(^ssary ordtn-s itself. Apart f/om this, however, it seems sufficient to remember that leave of tice Taylor, has absence does not deprive a judicial officer of any of his powers, the petition to his conduct, ited S( strongly r be said of the „ Conduct on THE Bench. ?ms irrelevant. I stition and th(! ' On the loth December, 1886, Mr. Travis delivered an address from th« mes that were' bench at the opening of the session of his court in Calgary in w^hich he ^ners, may be referred to various subjects. Justice Taylor, e place, and it exercising his [■ the witnesses ;d the petition if they would d an attack on louy of a like tion on bcjhalf tment, and by he should not Mr. Bleecker thus testifies as to part of this address, (p. 12). " Q. What did he say ? " A. After he had got through with other parties, he said : ' I come now to deal with Mr. Davis; this man is reported to have said that he would stase his reputation against mine as : a lawyer that he was correct on tlie law in the Clarke case ; I will show you what his reputatioa will amount to by and bye. " Q. Did he say anything else ? " A. Yes, he said : ' This man has been practising here under ihe false pretence that he is a barrister and solicitor ; I will read his card (and he read your card) as to whether he is tb notary public or not I cannot say. " Mr. Travis-~l object to this. " The Commissioner —There is a charge, and I will allow the evidence to be put in, it may be that the charge is not proved. " Witness (continuing) — ' He is practising under false pretences as a barrister and solici- tor,' and then he instanced a case, that of Mitchell v. Rivers ; he said in that case two jjross mistakes were made by Mr. Davis ; one in his pleadings, where he had pleaded ' never indebted,' and ' payment into court/ and the pleadings were so bad that it was impoaaible to 10 _ A. And that liis i''noi'nn,^o nci.,,„ ,„„„ ., .. V^:i'!;!!lfJr ^''^««?,f?'-"';sthath. was not fit to ConcluotaoaBoincoi.rtran.ltha\he'lVin,'«;ilf7i^'"-\'''""rf ''''^' ""* *'^ *'' practise i'oo .uon'ths' student In'^'f /J,!:!\'!>Z°!'''l "?^ I'-o made t^e same an r.- 1 1 '"'' I""'«<'so any mor M' JJid lie say wliat he meant "A. Y and said " i practise law 0?]^^''}^^^'' , l>leeu if I w after Lei.,., a three n onths" s udent an.Tjn ^ \'""'t'^ "■""''' ""^ ^'■■'^'' "^^'^^ the same .nrs tak. S.'"*^;^ " ^ ** "A. That vn,T"^^".;rVT/V,'''""' ''^ P''otoctin;od the l-siti.!;";, i\Xi;';;>-,';f °';,^;';,'«'»^V at that tlmi^ An.l that the paities who occu- ^"I'l.ro^s it, but had taken llil^h Sey" "''^'''" "" "'''''''^^ '"""" ''"''^«"« "Othi.u M„ .111 ••"■'""."« ""Ill reiorence to Mr. Murdoch •> '\iiythin;,' elco K cont?nirr"v^'''''"'''"'^ 5n.h:::rii'Sh"i;;";o^rr of "r '^^'-r^ ?''"^ *™° '- -»•'- ima controlled i.oliticn idbiirx in tli.> P.,/. „1 i i V? • ^ °' ''is past histnrv, and how h« &.r '-onn,r.n;;lley had been spe.;,;.!;:/;::.:? rli'r'li'^rl'ji'^T-^^l-'"^ '-■ tu^ holurrftor ^ On ..o i.ti. .,, ,.e ,,y anythingwith-.cfercnce'toVoiSr'' '""'" altogether.' KolV'l " A. II( there were « Q. Di ncnt pat tin " A. II. court, that i " Q. Di vicinity ?" "A. II the whiskey " Q. Di " A. Ht no one woul the telegran " Q. Di. meeting V" " A. lit head of the > posed to pui Mr. ( " The si one letter h of him as laying dowi thought this since he hai done his du •leter him (i court loom, to,(iO(), so th said that he it was all exact words, Agtiii "He wo stretch out 1 there was a ( of those add Mr. ( " He sai men that ev I the whiskey I tempt, and 1 I Mr. Ii i it i\ Ts:: "A. Ho •Dd it was g] 11 lail 3. "A. Yes ; he said that he had finished witli you (Davis) ; he then turned tome (Bleerkpr> and said " now I come to deal with Mr. Bleecker; under the circumstances, as ho is like fit to practise law o n'y^p'f— * married man witli an inte.dsting family— I will not p'lnish liira, as my lioart would ia'le the same mistakf 5.^*^^*^ if I were compelled to punish him for any acts that he had taken with regard to the ! he was bound to se. vlarkematter '' and warned me that if in the fnluro I attendedany such meetings, or anything of that kind, that he woud punish mo in some way or another. " Q. What was Mr. Travis' manner delivering these addres.ses ? )u were not fit to prac *' ^' ^^'^^''^"Der was excoeclingly violent; I remember I came in a very few minutes after he commenced his address ; I heard him some distance outside the court room and I thought there was some row going on in the court room ; after I came in ho was most wonder- fully excited ; he was half rising out of hia seat every once and a while, and pounding the desk in a very hard manner indeed to emphasize eveiy complaint that he made against every individual, or every charge, and in fact 1 thought it a very extraordinary exhibition altogether." RefiTriny to the Clarke miH'tiiig- Mr. Davis testifies (pp. (JS-O) : " A. He said that the Clarke mesting was an unlawful assembly, and all tlioso who were feel it like banishmen: 1 there.' contempt of court I a were counsel in th H-so ; he said that thi 'h^""® were guilty of contempt of court." 1 deliberately traine.i what these witnesse ? accusations agains: Pf, or that I had eve; id stated that if thi- compelled to go into ench, in the box." ne m court ? case; I don't know he referred to and which, as far as he " Q. Did he say anything as to the character of the persons who had taken any promi- nent part in it ?" " A. He said the Clarke meeting was hold by some who assumed to act as officers of the court, that it was leil by vile and unscrupulous de ogue?." " Q. Did you on that occasion hear him c, .acteriso the people of this country or vicinity ?" " A. I heard him speak of the majority of the people here, whom he said were known as the whiskey ring, as a lawless set." " Q. Did you hear him make any remarks as to any newspapers ?" " A. He called the lltrald a mi.serab'e, slanderous sheet, and wont on to say further that no one would buy it if it were not for a few men like himself and others who wished to read the telegrams." " Q. Did ho ever say anything as regards the civic government, or did he !*t that meeting ?" " A. lie said that the civic affairs were infamously managed, and ho spoke about the us matter for him ''®*'^ °f ^^^^ *''^''P'""il'"'i ''ei"K the head of the whiskey ring, and the officers who were sup- ' posed to put down illicit whiskey selling were known to take ' hush money.' " d b(';»u tried l»y skey selling Mr. Cay ley testifies thus (p. 80) :— " The situation w.as verv ridiculous— men in the court room laughing at one another ; (liaf VK th tv, *'"*^ letter he read sjioke of him as an eminent lawyer in New Brunswick, and the next siioke the Ar„,'; f/''." u !^ "*^ '"'" ^^ *''® "'"'*'^ emment lawyer, wii hint speaking of any place whatever, and he ..aid, I iL] Pn»fu 1 W'ng down the letter, " you will .see, gentlemen, this has no limitation whatever," and 1 iR. COS18, uecause thought this very ridiculous, as I did not see what connection it h.ad wiih the case ; he said Ml, and that smce he had come to Calgary, on account of the fearless method or manner in which ho had done his duty, and although he had reeeivecl thci-o letters, threatening him, they would not deter him from doing his cluty, and Mr. Hnnisay, nn insurance gentlenan. was sitting in the flourt loom, and he poinl.'d to him and lie said lie had just insured his life for an additional f5,()0(), so that if his ehildieii were left fatherless, they would not be li-ft pennilefs ; and he said that he had received a vile infamous letter from that,— that man there, pointing to me, It was all with regard to the assassination business, b"* I would not protend to give the exact words." h that I remember ; patties done who occti- nothing to Again (p. 8H) :— ierofpeoi)Ie in the (New Brunswick?) I'rnnienttofetthis iiiiiuntin order to •illieinundliesaid ! nliont his nntece- it he shewed them hat time he made story, nnd liow he or two hours after iiers. " He would thump the desk very violently sometime^, and stamp on the floor, and Btretch out his arm ana point at a man, as h'l'did in my case, and half rice from the seat, and a certain amount of fascination in looking at him when he was delivering one I don't know why.'' Mr. there wa of those addresses men Cayley further testifies (p. 9.')): — "He said the municipal affairs of Calgary were managed bv the most infamous jiack of I that ever presided over a city, and he xaid tho coriioration was hea-led by the bead of ey ling, one George Murdoch, who, as he understood, held him (Travis) in con- d he said : ' I prefer his contempt to his respect, knowing his antecedents.' " the whiskey tempt, an ' Mr. lugnun testifies thus (pp. t0.'}-4) : — ^, Jiu ytiii hi-ni- liiiri .-.\v anything .inmit tho Mercier case? " "A. He said that the parties concerned in the Mercier case were guilty of conspiracy, »nd it was absurd to think that a party could get whiskey in a theatre." 10 " ?; Mt7Mu'docZn?ry" ]T'°" '^^^ '' '''' ^^ ^^^^ ^^^ ^'^ -'-^^ey business i 'i, V' ?r"' '^?.^''^/ anything about the Clarke case ? " « Mr. Sti " " Ti!„f '^""^^^'^f ! in the Clarke case were trained perjurors, and the counsel I,. "' I am That may not be verbatim just what he said, b'ut 'that is whiti uaderstol ««?*' J**^"' *jg alon<» sia trained them, him to sav." ^ « ( ^ \\r Hfi alon<» sia " A. Yes'' ^°" P'"'""^ "' ^"^ °^^"'' ^^'i'-^^^^^ «f Mr. Travis, except the one of the i5th»^'*^*t«"'"g "Q.Many?" TC"^""^"" '" O w^'f ^''^' a'J* *^ ^""^ ,""■ *''''^® ''"'"g* after the 15th." my, Q. What was Jlr. Travis' manner in delivering these addresses ' " ^^'" ^^ A • u ** '!f-'?t^ *^ ^°''' '^^^ ''°°t~l of himself.-' aaaresses . ^^^^^ ^^^_^^ *• X'°^. "'^ he show that ? " i i • Mr. D " Q. 'l^£::^lleU::^:^^^^ "'*' '^'^ ^^^*' ^^^^^^-^ *^« «-^ -^h Ws feet- " A. Excited nnfl Inn/l " " A. Excited and loud.' Cross-examined by Mr. Travis : ^er:^L:^£.!Z.L^J--^Sli^,^r^ with .f^rence to guilty of i^.n^pi::;.'-'''"''"''^""''^"" ^'^•'^ *^** '^^^ P^'t'^« concerned m the case v Mr. Ogbuni testifies (p. 106) :— jour client 1,«, „„i foU„„e,, y"r i^.ta^iS^t'S. '^i"'"' ': ' T "^r'-' *''• "'•"I" J wntmc and that, hn Jiori oi,o..,„ ;t *_ ..i •'. .""' "" "»« co wcasiou iii lOmetimes 5eased to n tl Mr. Bl S^S^^wllh Sli^'l^g^'^^^^^'^'^-n 't tootherpartiesiu^th^^h; u 9 v"' 'i^ ""^ 'anything about the purport of it ? ^t^^' ,*.'"\.^'^^^^« threatening him wfth assassination, " I heard him say with regard „ " In one ilfurt in the v ^beas corput mde you all Mr. D; « Q. Did ;ards hims< « A. Yes >at man he ilitical meal uger he spn lurs in leng i^any others i Mr. Murdoci;; lVehaVingi;^T;Te"d"h;m Swa^rSiern'ol'l^^^^^^^^ 'I" '''' T'*' '^^^'^ f ''^a Will respect," or some thing like that. ^ gravis) m contempt, I prefer his contempt to b4cember? " Q What was in manner ? <' A The Mr. Colin N. CamiibcII tostifics (p. 118) :- 'it i.-. Ii liad mad., a .speech at the Clarke meeting T,?,/ "'^"\'"'r=«'* ' ''« """^ that you (Davi, [ .^ ,rraii(l against his wi h regard rsomo law ? htt ,«^'h , -f i''*"*"- J"""" P'of^ssional reputatio' '^ f^^''^ will refer to tlmt again and n a of t r.l'i '*" > ''u""' ''"•'" "'« ''*'"''»', and he'sai.l w Amoil; .vnich was raying fsni o money Si,'cou?i thinMt wf ^r\'"'*''' ''"', '^'^*'^'^««' °"'' ' '^^ "^* ^"^ a 1 events, u was in exces, of whit v.^, w .\' ."ub V'.^^;r''** ^^f «'''".'itly in excess, or , i^Htimoiiial all events, it was in exces'^ of what you had a riuht Vn Z^^'l""! "i'x «";"'"' '" ''""ess. or JKHUmoilial .J after he was a few months' student ho would nc ^"yrmilci , - -.. ..«v-v„^ v,i >< Hilt you IIIKI ple.idin^'s that you had nleaded. and lie sai. <./c)hav.^l..cnn8hame'ltol.ive nleadeVs^o^^^^^^^^^ "I'T '""?"",' "'"^«"^ '"' ^oul'l nif lie , and you woroleadingc ents astray ad ho ^ was his duty to protect the pull liling an/ papois in any coi rfn AM.er i In I ^ « charred you lor two years ; forba.lt^yo I admitted ,o,.ularly an t^hen y ou couM Xa^^ Zl''\ ,*''*' f " ' °' .^^-^ ^''^''^ ^"'^ ^ere to I, I liul afttrw Mr. M " Q. Thei DUld call evi "A. Thai i he whiskey business ? 13 le floor with his feet.' Tho writing of this letter was denied by Mr. Ciiyley. It was after- yards denied by counsel and Cayley denied it on oath before the commis- ioner. Mr, Davis ti^stifies that addresses of this kind were delivered on every «(;asion alter the loth December, when Mr. Travis held a public court, and lOmetnnes when he held private courts, until January when Mr. Davis jeased to attend. nth reference to tl Mr. Bleecker further says in his eross-oxamination (page 39) :— erned in the case wei " ^" '?"° o^ >'<'"'' harangues you said that you were the Court of Appeal we have, and no iflfurt in the world to appeal from you ; that you were the quo warranto and mandamus and k«6«ascor/)»/saii(leverythingel6e, and you thought it was the finest law in tho world that nude you all tuch." Mr. Davis testified as follows (page 70) : — " Q. Did you hear any subsequent addresses in which any statements were made as ;ard8 himself, or otherwi.se ? " A. Yea, 1 heard a great many ; at one he read a largo number of letters telling what a jat man he was, chiefly about his energy and the great indu.stry, and also told about some ihtical meeting that he attended, when the chairman could not get the crowd to stay any nger he sprang forward and held them down for two hours'. That harraugue was about two ^urs in length, and the whole subject was Mr. Travis and liis antecedents ; he made a great a|any others (addresses) in fact at every court he made one, and it was all either praisin" liini say with regard if* himself and his course, or abusing those men whom he thought fit. ° ' his contempt to hd " 9" ^''' y""' '' ^'°^ ^^^> *ie8cribe his manner, particularly in Ids address on the 15th of ^ Becember ? " A. Tlie tone of his voice was very loud, his manner very much excited, and lie put to it, he aeeraeff """^^^ ''^" ^'^'^^'^ "'"' ^^^ ''** ^^^ stamped hi.s feet and rolled his eyes around, and generally P)t in a very wild way.'' It is lru(! that Mr. Travis in his evidence denies miich that is testilied bvMr Travis? m "^'^^^ r^'g»i'^l to his violent temper while delivering addresses IVoni the action. lench. 3 the witnesses in til ♦ He does not, however, seem to have a very accurate opinion of tho temper which a judge sliould observe, if one is to reason from liis hui- uago and conduct where lht> evidence as to such is not disputed. n,» e(dares in one place that he made these addresses (to the public) because iH combined in him.self the functions not only of a judge and jury, but fa grand jury also. Among other facts connected with this l)ranch of the subject, which re not dis[)iited. is his reading to the jmblic, from the Bench," the various also'referred to o ' ''"^^"^""^"''' ^^'^^^^ which he, according to his OAvn evidence, pursued tho student ho wouM w '^^y^'r?!"!''"', seekino' an appointment to the jxuliciarv, lirst in Manitoba e addresses ? it came up was JI came up Mr. Bleeck^ iboutMr. Travis unt 1 sorry, Mr. Bleecke a vile infamous lett. ■o say tliat he was co r parties and that th ive, but the tenor wa ury that they were t» as far as he was cot to give. He said th said that you (Davis, ofessional reputatio ench, and he said w two mistakes, onoc' •eatly in exoeas, or s tvfoi)rotecttlie pu. wo years ; forbade yn I years you were to li | you tho o.Tact word 4 nod all interested, o * i? an applioatioif .'Uce to whii'-h h^ nd afterwards in the North-West. The case of the Town Council. Mr. Marsh the applicant in i| i.- onmy states (p. 13!») : • " Q. They wore party names used by the parties here, for instance tho Travi.s cti.iu* )Uia call every body appos d to it the whiskey ring ? "A. 'Ihat is about it. r 14 " Q. -A n d it is no more than a name ? ' !! A' w'" ' '\''r'"n''° ^^^^ '■■'''^^'"S ''"^ * ^^^y •'^"fl the other a grit, y. ^mco Mr. Travis has been here you have heard more about the whiskev rinc ? " ;V ihnl 'f^lfr"^ ■'"-?'''' prominently since the last council campai.'n ^ ^ ^^ Q. hat was " Iravis " or " no Travis " ? ^ ""• «,uuu.i .o ii ■n,-. «r,r . seemed that one party was "Travis," and the other party was "«o Travis- " m'Jl''^'^'^*^ s^i"" the one .uie .t was •< rrav:s must go," and on the other side it Ls ^' Jerry rgomg"^?,; st^ J*- "-' 7 A /-> I L ,. , •' o o Jf comiioa li ifcivil law ai ifouj^ht into aunh as undi 4« Sre^^ ^''^^tion is: which is the legaf^Xl^i;^, ^ily .;' '^- ■^"''"''^ '"'' ^^™ '^'^•'"'='1^' '-^"^1 »« assessment and no business can be done satisfactoJ.V'is'Tha. " '\- Yes. practices at c '' <.l There are two,mayor.s, or two men claiming to be mayors ? ^ ^he Act. 'A. ies. •' let, and it se " (J. Any improvements to be made or otherwise ? ^^^ '" conne^ "A. No.' X< me nonsen .viiiujsrn'f ,';"'■■■*''' 'j>^t ''r ""'J"!; "■»» I'-ovod «„i ,„be sitti„*°";°'"° ^^, ., i/ K'visicm whoii Ih,. so-.all«l .onniit pni. ti.rs were com- 1 ^ "'"»' alee his nliire in t i.> Cmivt nf lh„4..;x /^ .1 . ;,"• f '^"^^''7 f^Uouble m as . (h Mr. \lunlo.n, himsell', tcstilies to th.. .saino lact on nan-e 4-^(J lll,:^ram havin- Mr. Iravis has att('mi)ted to iustifv his derision in tli.rp^,T,.'.ii .„ "i f^Y* ""^l ^ cai < ,1 ,., '] 7 ■'','• l-'"''' ''^''^'l'* praeti.vs muh-r "the North AVe6i«*^^ "° 1«- ^1^ O d name, h,. had junsdietion to punish eorrupt prartire,s at eoinmon law - u r Without dispntmo- that position, his rontention seems iuappiSo Jhr ^^' ^''' several reasons :(l.);nn.a..ts..harged would not be oorrup > .'^ a e-oni moil |. Mir m tk • -p " """^ ""t u.- (.onu pi ,v;„-tices a . "r^ •- Ahere IS no evidence to show corrupt inlmt, even bv < vnre. (.J.) Ihe ,>etitions, and all th. proreedmos, ire based and eov due ;.d on the ordinan.y. (4.) Th. penalties whi-'h h. pmnounr.-d of dis- rc not penalties attarhin.. l,y .on mon 1 w T'-^ ' (...) I h. only jur.sdi.t.on whi.h he .ould ex.r.ise for rorrupt pim;ti ^s alfr.r^ , eommon law, must have be.n exercised on indi.tmeut, or a p oe td n!i olnVe'rrett" m i.l.ition to that .-hMlion. 1 he so-called " <-orrupt prarli.vs," in thisW'^S™'" *'''^t "On the rnande/, I 1 ir altentioi preme Coui eui that I d rely amend emed pleas instan.-i', wdv .onnuitted in relation to an ■h'ction' whirh had uo't yefch.rf '1' 4,,u ... ,j 1 •, 7/1 'w..,.,./,. lu .lu "•i.ciion wnnn naa not veffii, tu^t i i, ii^; m d'\m;; \\ "' V '^Zl^^y ^^T-- i"»Vactionsof t]x.eommc,nlal^|ke,'hVtoo li. > -re. and L haven't a doubt in the world that even ,Rer this very improper mode of acting with these lists, and 1 conceive it did come under his part of tlie Act, I have no doubt in the workl that it would come under the corrupt law t« referred to in the English Municipalities Act, and therefore it is a corrupt practice as refer- micinal covGrnmenrf^ ''^ under the Act. fbat clearly would cover the whole ground, for it clearly, to mvmind, tever at the nrpsl'n?'^'"^ ^ corrupt practice, and further I may state this thata corrupt practice I think expressly ^ li? ' jx'titioiiers calWent in which he had ever followed me ; and I asked him, '• Did you assent to it? " and " clearly" 10 cvidcuce takeit'r *"''''' " ^'''"'^ judgment was correct." That Judgment was the very judgment that I delivered, (1 AFr T iii<1«' ♦ ^^^ "'^^ ^"'''' ''^'^ should satisfy any reasonable men in this world ; it was one that I took as much * '•'/"'^^''y 'llbuble in as any of the others that I have delivered hero, an-l Mr. Millward assents to it t tile lists W(!rtJ^thout a word of objection, and yet that was vililied, an.l I was vilified, and yet this is used « »|ainst me to drive mo out of here, and I would do my duty no matter what they did ; r)-,i 42(5 Kgram having told nie yesterday that but for him I would not have been in this chair yester- ~p " ■ .1 •, ftey, and 1 can put two men in the box to prove two separate threats against me, an.i i can ' ^-^Olllicil ease byj^ove that Bleocker himself had said that lie was tired of the i.arty, and it was only to pre- ards tin; revisioilf 'it them running into destruction that he stood to them, and the man who told mo that he North West'^^ "° '°*^ ^^^'^^ ^''' JLalferty."' at coinmoii law He further testilies (p. 474) :- iu;ii)i)licable lor , Ujit practices af^ "0" the following diy I delivered the judgment, an 1 having referred to the ca?o of Iprnandez, I leferred to :he case of 1st. Strange, Kits vs. University of Cambridge ; I called- ir attention to the expressions of that case and 1 told them that if they had treate 1 the eon-i ipreme Court process in that w.ay that they wouM have laid them by the heels, but I tokl lem that I did not think it would do any good, and 1 was inclined to bo lenient and I would erely amend the return and make an order for the costs, and everyboily in the court roo;a emed pleased and I thought it was a triiniiiih, and I never saw a more pleased audience, id the entire masses were with me. I road this Judgment and on the follo.ving morning I rote a letter to tlie Minister of Justice, an 1 that letter should be witii the Minister of li'e comirntted" ^stice. 1 got a letter from the Department yesterday : it wis siiuply an evasion of the rlircs " ill thi.s' '*"?''"■'" t'l'it 1 had sent, but I mailed a letter with regard to that and I expected Your h h-ifl iinf A-l '""'"' ^^ould have them. 1 may state down to that time the place was revolutioui/.eil and I Jiail uor. yet flit that 1 had conquered; when it was stated to Sir .John I ma'le just one mistake when I 111' common laWi^lieduj) too manyot them, but I said no, that 1 had conquered. 1 call your attention to the [tterof the :27th of.Iannary, an^l one before and one after 1 got his telegram to tln^ .Minister llilciit, evt>n based and iiounccd, ot'dis- )y common law. 11 pt in-aetices, at| a p.roceedin«5 to indict mont, cer- is evidouco, on vouldadd this, that tiaii in all matters ■lustice i 1 pointed out what would necessarily be the result. Now I find that tlioy were nounoing Bleecker everywhere, and that Murdoch said : ' Do lor heaven's sake leave me ne ; if 1 como home 1 citch it, if I gj out on the street 1 catch it, and if 1 come out to i^end an evening I catch it/ iu response to an appeal to go and pay the line and get rid of 16 t, would he more a farce, inasmucli as the very men would be nec^r?!^, p nr^f i • ^ iMisted upon running again and I couKl not have prevented him and Srl^ f p • ?h! wmmmfimmMmm mind, ami which had their force in inHuencin^ me rather than f^ mSi^ ,™"^'' ™' order an amendment of the return of the retu>ni^g officer'' '' "''" ''^''''°" ^''^ lie «how8 ill th.^ Ibllowing extract that he was not ruling oii the com- mou huv prmnple ,u regard to these practices. He says (pa^e 558) :- "I inay state here that Mr. Murdoch stated that it was something with regard to vin,li . , ^ ft^ u '''"' i"^*r' ^H l^"«*^"ting and disqualification of the council an c^tact -'■'■' """ ''''''^''' '''''^ '^^'^^^^^- The following t" Justice of the Supreme Court of Canada, or tl ^^6 JiTd^e D, ff of \'p!, r • V^' ^^"'' :^,i;^^^^';:^'^-^^-^y^^--^^^y-onld be in any other paH of the D'ominlon actingt a Not i-efl'iviiig, what ho deemed a satislactory reply to this letter, Mr JuS ■- "'"'' '"^"^^ telegraphed thus to the Minister of lipJZiTh^ telegraph ,ne by tomorrow your view as to whether sane and responsible i>ar cn^Z^:!^f!::r].}!:^r:)^:;j'';^^^^'^'f-^ f.'-toral Ust. wholesale, wereTund auStJ Totl the 23rd : « I do 1 mm responi Mr. ^ the extra' cx)urse ot following " Q. 1 1 disqualifyin " A. Y. have put hi you by and as a barristt I cannot fin that he is he was not remarked a Goid olimat( " I got him, and yo of voice th« the court re " Q. W duty not to " You fi tise." Mr. «Q. W " A. Th Davis made that my lavt oy and bye. that he coul in Mitchell money into was not tru< months or s enough law pretence th prevent me then wont c have to leav be almost li to learn mo made in a s described m davit was a serious thin "Q. Be occur? " A. 1 1 "Q. Wi "A. No to reply to 1 "Q. Dii "A. la pected then 2 11 „ , ,. ^ 1 To this telegram the Minister of Justice seut the followiug- reply on e election returns 4he 23rd :— .nsnnir, • • i " I do not advise judges as to wliat decisions they should give. Each must exercise his ^dsoniDg in my mma, cmi responsibility to the Government and to tlie persons concerned." ne very strong reasou us orders and treated got a new returning ' ' k'ing the discharge o! ustified ; I wanted tc ng things into a calm )ing my duty, and in )uld be the case that case. But there was vhich provided, from I niicht order a new (leied a new election lad been previously lew election ofCouii. lalified, and I thought f returned again, and andidates left, Keillv Murdoch might have nd clearly, after the lone : and there was at case I would have thing in face of the eople present at the uiy view of the lav-, licit, liquor bu-iness, I would not vote for on my mind that t would be better to passed through m\ er a new election to ling on the corn- page 558) :— th regard to vindi- 5rrupt practices did i a person carried a led this enquiry d 11th January, L of the council, ho following is this time I believe ni as Ritchie, Chief ' Brunswick, or any ise they are unruly, iibarrassing me and f should be treated Jminion acting in a this letter, Mr. the Minister of d responsible par were found guilty ioliuion and utter i I elsewhere in the The Davis case. Mr. Travis dealt with the Davi.s case, disbarring him, as is stated in the extracts under th(> heading " Conduct on the Bench," and did so in the ix)urse of his speech of the 15th December, in a parenthetical way. The following extracts also appear in Mr. Bleecker's evidence (page 61) : — " Q. I wish you to state again, please, exactly what you say I stated with reference to disqualifying Mr, Davis? •' A. You said, now I will come to tlie matter of Mr. Davis; this man is reported as to have put bis reputation against mine as a lawyer and states my law is wrong, and I will show you by and bye what his reputation is worth. I here read his card. He has been practising as a barrister and solicitor under the faUe pretence, as I have caused search to be made and I cannot find that he has ever been admitted as a barrister and solicitor, and I am not sure that he is a Notary Public, and will give the sentence of disbarring him "v^r two years, and he was not to be allowed to file any papers in court or anything of that kind, and you remarked about his feeling it like banishment, being sent away from here and going to the cold climate of Manitoba. Those words were used." • » » " I got up in court afterwards and asked you, at Mr. Davis' request, why you disbarred him, and you stated in a loud tone of voice " because Ijo is not a lawyer " and in a lower tone of voice the other reasons that I tiave given. You ordered Mr. Davis to be expelled from the court room. " Q. Was the language I used that he shewed himself bo ignorant of law that it is my duty not to allow him to practise? " You said he shewed himself so ignorant of law that you would not allow him to prac- tise." Mr. Davis also testifies (pp. GG-Gt) : — **Q. What occurred at that court as regards you ? " A. The first that Mr. Travis said was in this way : " It has been reported to me that Mr. Davis made a speech at the Clarke meeting, at which he staked his professional reiJUtation that my law in the Clarke case was wrong. Now, I will show you what his reputation is worth by and bye." And then later on he said that ke had caused searches to have been made, and that he could not find that I had passed my barrister examination, that in a case before hiin, in Mitchell vs. Rivers, I had two mistakes, that I had injudiciously paid 50 per cent, too much money into court— which was not true— that my pleadings in that case were childish— which was not true — and that he himself would not have made such mistakes when he was i three months or six months student, I don't recollect which. lie said further that I did not know enough law to conduct a ease in court ; that I had been practising law here under the f.ilse pretence that I was a barrister, and that it was hi.s duty, in order to protect the public, to prevent me from getting clients into trouble; that he would disbar me for two years. He then went on in a very sneering tone and said that he was very sorry for the young man to have to leave this beautiful climate and go back to the cold climate of Manitoba ; it would be almost like banishment to the young man, but it was for his own good ; that he had need to learn more law, or if he learned more law he might practise [ he read an affidavit which I made in a suit of iSmith vs. Bromnei-, which I had a few days before with me, in which I described myself as a hamster. He read the affidavit and s.aid the description in the affi- davit was a part of the affidavit itself, and that I had sworn to it, and that it was a very serious thing ; meaning, as I took it, that it was perjury. *'Q. Before this I.")th had you received any notices tirnt this kind of thing was going to occur? " A. 1 had received nothing ; no notice of any kind. "Q. Was any chance given you to show cause ? "A. No chance was give me whatever ; a short time after he made the remarks I got up to reply to him and ho refused to lot me say anything, saying that I was disbarred. " Q. Did you request any person or persons to speak on your behalf ? " A. I asked Mr. Bleecker to ask him the ground upon which ho disbarred me, as I ex- pected there would bo some trouble in tho future ; I aaked Mr. Bleecker to ask him to repeat o 18 31r. JJurns tostilies (p. 108) :— money into court as was necessarv and th-H- 1^^ !.• ^"^"^ °''®°* P"' t^^'oe as much would Imve to protect them?Z K^ ,trrto send fn '"" ^^^IP^Pl^ ^"^^ trouble and he you down to cold Manitoba for wo ylars and he wa« ^T"""^'' ^1"* ^^ ^""'^ '^*^« *« Danish tiful clima.e ,lown to cold Manitoba^S he was To rv bnt^/wnH^:? ^''^^ '''■"'",^^'« b*''*"- with regard to Mr. Cayley that he had discharged iSn, h • T^'^, '^° ^'^ 8°"^' ' ^ ^a'** away at Edniondtou he had been iSmed thit h™ bo.ng drunk and that when he was hi« paper as that .lirty scurri lousshSTand tSt hJ l,,;^''"'' ' '^?''.*^" "^"y'' ^"^ ^'^ «Poke of assassination and it v^L writterby that cHrtv th nJ nnint^^V'' ^^^'7. t ^reatening him with he had acted wrongly with the moVey of tKurt*^-' put t mto fill ?*''f^-' T^'^^^^W that ZlTeZr- '■""«' ^-y ' ' --™ a JudgeVhrtirsat w^J^in'-cornd Vhr f thus 8-iyou (1)505^':- ^*'^*^^"^^"^^ «" what he calls a questiou of fact is who,:i?ow,ro/rheurcLmeTrre1or;\h\^^^^^^^^ «f.^-' b— while the that thev wore trHinn,^ 1,1,. °r. „Z°": i*'''"^.X°"^Honor will not have any doubt in saying v^. Bi:anuai snouKi not stand very much acainsf tl.o ^„"aIC: \^ Jy\ '""'^'^ ^° '^"^re matters the utterer ot what was done, conSK hv t bf evidence that [ have established, who was «fte.. in the lea.ling paper oah'^plaSietv ll? h ? ''"^^ '^'% ''"P"''' published two days totho I5thofl)oceniberlwill .S that Mr Alton' ^"i-° i^"'^ '°! ^''^ ^ith reference Ifat Time, (a puj.er which Mn Davis doefnotirmvnl " *'? P^Pr'etor of the Medecine «'ticle in that ,.a,.er on Iioc•.."uZr^7^u'' "'*' '^^"^ ^^^'^ ^''^atly to admire) published an aiticle ill that paper on December 17th. i, ^/''«''^«'' ••-That would not bo evidence. Afr. Jruvis:-l am going to call Mr. Armour. < at pug-f nain/l^'jlV: ?a slrTh^n ^J'read'thil ?"^"^'-' r}^ '"^^ ""-^« *»^-^' -- f-sh holding himself out to the world as a b rriste TiT"^- ''" ^J'^^^'y Hera>d/m which 1 lookinKstunid. nn,i ;., /,..,!„- /i'.^ ^i__ "f, ueiyin m my he was Ikingst^;p[d;;n^, i;;o;d7^J,^;he';;^^P;,jde.y^ to reaaovelihii7^e;;hSd! ordered the (loputy sheriff to removlh?mhnPf^ "" '"""'"^ ™'«^t be proceeded with I walked out." ^ '®'"''^® ^""' •^"t It was unnecessary, as I have said, he hJiiJ, ?ee;hLthe;rpi;tTorthSi;?^t!j;:r j v '^^'' -^ y"- "-^^ win indebted; and in the desxriptlo^in' his affilav^ ^^e seconnnrenilv ior^otthat dK.y were uuvenlied, and that, oven if " they coulS the t.-.*ss ter. in loud tone, and >an the table in front mt on with the other 18 were." conduct business (conduct a case and put twice as much into trouble and he fould liave to banish way from this beau- you good ; he said id that when he was ys, and he spoke of reatening him with ly ; and he said that in his own name ; n fc'eotland where I the law vested before him, Mr. ivis was not fit 'stiou of fact is because while the iny doubt in saying srtain parties, and !0 to mere matters tablished, who was published two days ut with reference arofthe Medecine ire) published an I :• comes here, when )iuion that no ar Davis, and ter. ; was fresh in my in which he was id as it is now ; I ; there he stood, proceeded with I i said, he having Your Honor will e second, never nitted perjury by ibed himself as a as a post card to that Mr. Davis retained it, juid e apparently ; "outaiued the f 19 grounds for Davis' removal, they should have been proved to have ema- nated from Davis, and Davis should have had an opportunity to controvert the verilication and to show cause in any other way that he covild. The extraordinary man)ier in which this case was disposed of, is only equalled by the unprecedented evidence which Mr. Travis gave at the investigatiou, disregarding all rules of evidence, and showing a strange notion of the justification which a judge j^an otter ibr such a line of con- duct. He appears to have considered that the gravamen of the complaint iigainst him in this particular case was that he had been unkind to Mr. Davis, and that he could exonerate himself completi'ly by showing that on one occasion he shared his lunch with that person. In his evidence he says (p. o6G|) : — <' With reference to how I treated him I had heard that he had been drinking the night before he left ior Edmonton with Bleccker, Murdoch and Cayley, .and in the morning when I saw him he had the appearance of being on the debauch ; when I saw him in the luornmg, and I not knowing if there would be any stopping places on the way, I took a good lot of stuff with me, but 1 found there were stopping places on the way, and when we got out I noticed that Mr. Davis coming off a debauch, was perfectly ravenous, and I kept him sup- plied all tlie way of everything that I had, and I recollect that I cave him on three different occasions stuff, and not only tlie one piece of pie as he stated, and I recollect when we got to Edmonton my basket was empty, with the exception of half a dozen apples." Mr. Travis appt'ars to have entertained the idea that his right to punish for contempt extended to all persons who were present at the " indignation meeting " held as to Clarke's case, and he fully testifies as to the proceedings of that meeting, and his opinions thereon, although he was not present, but took his impressions chielly from the report of the meetin^^ in the Calgary Herald, which report he declares was a garbled one. He says at page 752 : — "I say the report in the Herald is garbled and it shows that the speeches were violent and attempts to justify them, and I say 1 have no doubt that the assembly was an unlawful assembly, and that all those who were connected with it were guilty of contempt, and liable to be indicted for the same. " Q. Show me where anything is said about the meeting being violent ? " A. Here is the statement, that the meeting was the outcome of the indignation felt by a large number of people, and in that paper the speeches are mentioned as being violent, but not more so than warianted ; the whole report is garbled in the Herald. " Q. Is the report of that meeting in the Tribune correct ? " A. It was from the report in the Herald I was speaking. " Q. Is that a correct report in the Tribune, according to your knowledge ? " A. I have no knowledge at all because I was not at the meeting ; from the report ia the Herald I would say it was a violent meeting. " Q. From the report in the Tribune would you sav it \vas a violent speech ? " A. I could not say ; I would have to read it ; neither of the papers pretend to give the speeches ; there is a meagre out line ; the information I got, I got it from the parties and the newspaper reports." The following explains Mr. Travis' vitnv of the mod«; in which he was justified in proceeding in such a case (p. 765) : — " Q. Did you ever hear of a man having judgment meted out to him in that way without notice ? " A. I have heard a harder case, where Judge Rouleau stated that he would not allow- any per " Q. (interrupting the answer) Did you ever, in all your reading oflaw, either in England, -America or otherwise, ever hear of a man being disbarred without notice being given to him ? " A. Yes, often. 'y just to commit a man without giving " (2. I'hon you would think it would be per' him a chance to be heanl ? " A. I know it is legal, and I think it is just, and there was evidence before me satisfac- tory for me to act upon, and 1 acted upon that evidence." Also at page 7G6 ; — 2i 20 for dilnSsr ""* "'"'"'' ''''' *° '"^ *^"* « "^'^ °°* ^«'°g "» t'arrister was no groan* «o u ^J^^^ ""Z^h"- *'*'°^' *?"* '* ""'g^* ^« 'f ^ ^^'«hed to force ie. y. It was the holding out that was wrong '' (2. His holding out was one ground ? « ?■ M '^^/j^® ^^°^'^® himself out as a barrister at law. A. No, I don t think he does, but you can see from the papers what he says." It must be borne in anind that one of Mr. Travis' claims to inflict summary punishment ni this way arises from his contention thit Davi. was one of the officers of the court, and could therefore be deattifhi a summary ^vay m rehxtion to his office. He was only an officer as a and hS'nJlt^:* a^^^u'cr' '''''''''' ''^■'' *^'^* ^^ ^^ -* ^ ^^^^^^^ As page 768-9 the following pa.ssages occur :— " A. Yes. '^™*^ *" Winnipeg although he told you that he was not a barrister ? " Q. You thought what he told you was not true ? " A. Ko ; 1 did not. Bot a'btrSr ?^ ''°" '"""^ '^''"'' *" ^'' ^"''^ "'''^" ^'^ '^"^^ f™"* '"^ ^^^n lips that he was- "I ^riSSTVetr^ott^^^^^^^^ discretion on my part to allow him to practise ; there was no law in for^e\^th reeard to aUowing particular men to practise; I knew it 'was a matter of sufierance ^ mind in Mr CisT "^ ^°"' "^'"^ ^'^ ^°^ '''^^'' '""' ^'^°'^ y°" ^ y°" ^^de up your !! ;^' S^i""® ^*^ "° *'*'^®'' ''^^^ ^'™'''''' *" the Davis case before me, you JaeXjZ'^LTtmHZsf^'' ^"^ ^"^ "^'^^^ ^^^« ''^^•'^^ y- - *^« --« -y a- « S* T)t^'^n,ff!1"'^~^° y°" "^r" '"^ *='''°^ *" t^'^' «a™e conclusion or what ? oK wi! ' .'" ^\^ Cayley case I acted very much similarly ; I acted in both onapc nn tll^e^ttKli=lVafat%:^^^ alike : I think the Davis case and Cayley ca^ew;;; T^^o.^Z; I thinl heylre t'lirra • feeing parties connected with the court, persons under my'spocial direction their feeing parties connecr;rw7tlith4';'ou;r;ers;;7undr^^^ Q. You treated Mr. Davis as an officer of the court' ""ecwon. A. I treated him as one holding himself out to bo an officer of the court. « A." Yes "* ^" "^ *° '*''°'''' *'™ whenever you chose ? w -JiJiother groxuul on which he thought Mr. Davis should be disbarred was thathe had committed, what Mr. Travis thought, the grave impro: pnetv of designating himself a barrister in an affidavit which he made _ As the commissioner remarked, it is not at all settled that the des^ cnption by which a deponent designates himself in an affidavit, is to be considered as a statement that he is what he is desiountod for, but evidence to the contrary. Mr. Travis, however, seoms to have proceeded in this, as well as other matters in liti"-a- tion, without being moYodby evidence, or by api)lication from any person. Iwo orders of his are put in evidence dated 1st April, 18«0, and 7th April, 188(J, against Mr. Bleecker, which do not show, as such orders usually do, and should, that they were made on any evidence, or were applied lor by any person. The violence of Mr. Travis, and his animus aaaiust Mr. Bleecker, are illustrated in the course of his cross-examination by Mr. Bleecker. He thus testiRes (p. 747) : — T *i."i^-*'"'^i'*^ ^"^ ^'^'^ ^°^ ^ "'^'^ ^^°°^ '^^ '^^'^ *■'"*' '^^ would have saved you going to ruin - 1 think It would have been better for you to have got a check, and it would have been for your good ; I unrlerstand you will have to go n.vay or you will be driven awav. or I umleir- atand you have m.ado an oath that you will go t- yan Francisco, but I don't think you will remain here when I am sustained, and 1 fully e.xpect to be sustained. " Q. You are anxious for the creditors of the Mount Royal Ranch Company matter ? ' n' *"" ' ""*^ ^^^^ ^*^" ™*^ ^°*' ^® allowed to abscond with their money. •'Q. Don't you know that the creditors have ratified my conduct and mv everv act in every way ? " A. No ; I have not heard of it. "Q. If that is the fact you surely would not put me in giol ? "A. That would depend on circumstances ; I would be bound to see under my oath that parties interested were represented there, and if there were only a few creditors there I would have to act in the matter ; I Imow Mr. Lougheed is very much dissatisfied in the mat- ter, and 1 know Mr. Lougheed has referred the matter to the Government and asked them to place >..;.. matter in such away that you nny be punished for your acts. '• (i. Don't you know that Mr. Lougheed seconded the motion to take the accounts "> "A. ISo; I do not. " Q. Do you know as a matter of fact that the solicitors begged of rr to take itind never mentioned the security ? "A. I .should think it was an awful case of uiisplaced confidence, prnd I tliiuk 'c would ba siuch an awlul case and would make the lawyers in the case liable to ; • i.'flor . ' have had your evidence on the matter ; you have admitted that you have not paid the money over and I have ordered you to pay it over and you have not done so, and you know you are liable. Kl. When did you discover that I had the money, first ? " A. When you were in Ottawa I knew it ; the cieditors called on me, and Mr. Lougheed called en uio :.nd Mr. Newson called on me." Mr. ^i. 22, '86, Lis telegraphe') tv.< indivutes, by his telegram to the Minister of Justice, June J/ OUT proceed of his own motion in this matter. He ^r™-*]"^ ^ '•' •■^■' ' **^'^g''»P'» me I .'iiediately stopping leave of absence, and notifying me ?lZ'^}''^l^'^'':''.'^°''-' ''''°^^'''^^i^''^^Qonheim-est^^^^^^^^ Taylor I may order an attachment issued to protect creditors of Mt. Royal Ranche Company, otherwise think the Government will bo fairly liable. I believe Bleecker will abscond." (File 20 '86 ) Mr. ( Yc Yc Fc "A, petition, "Q «' A. Yf " Q. An talcrng actio '•A. i?c flOiuo othocs Wm. " A. In Iv coming in, a was for, and it was for a i "Q. If; have signed " A. Nc The A tion, and derous ch In h against h 1887, her and gives partiality the 24th . " Sir,—. bad manner in which yoi raise to jyrej think, since judgments), yet, as i wisl course waij t .lustico, con See file 120, Thoi letter of IM from Jud< Brown vs. The Rouleau. " You V prepare the file 120, 1«87 This Minister c 23 )inted liqui- i of Ontario, gary was to ke IJleockcr id as v/ould at ovidonce 1 misappro- Mr. Travis, rs ill liti^^-a- any person. 1 7th April, Lers usually ere applied leecker, are ker. going to ruin ; have been for ly. or I under- think you will matter ? y every act in ' my oatli that iditors there I 3d in the niat- isked them to ccounta ? ;e it Jind never ilk n '.vould be ^ iiave had money over, you aie liable. Mr. Lougheed stice, Juno latter. He notifying me I may order lerwise think 20 '86 ) The petition against Thavis. Mr. Colin N. Campbell in his cross-cxantinatiou, says (p. 120) : — " Q. You and I liave had another conversation — a short one ? "A. Yes; you addressed me on the street once, and asked me if I had signed tlia*i, petition. " t^. For my removal ? " A. Yes ; I fsij^ned a good many. " Q. And di'ln't I tell you that it contained libellous statements, and that I lutendecf talk'ng a,ction .wgniiist you '.' 'A. i'ou said it contained libellous statements and that you intended taking me and soiiifJ others who where financially fixed here to Ontario," "Wm. E. (Jrecn, in the course of his evidence, says (p. 884) : — " Q In signing this petition would you say how you came to sign it? " A, I was in the " lioyal" ami it was just about lunch time and the bell rang and I was coming in, and Dr. Lindsay asked mo if I would sign the petition : and I asked him what it was for, and ho said it was for a commission in the Travis matter, and I signed it thinking it was for a commi.'sion in the Travis matter. " Q. If you had known it contained grossly slanderous charges against me '^ould you have signed it? " A. No, I would not." The witness was not asked as to any particular statement in th • peti- tion, and as a matter of fact the petition does not contain " grossl slan- derous charges." CHAKGES AGAINST HIS COLLEAGUES. In letters of the loth and 26th of August, Mr. Travis makes charges against his colleague, Mr. Eouleau, and in a letter of the 28th of January, 1887, he repeats those charges, applies them to several suits which he names, and gives them, besides a general application, imputing ignorance and partiality. He communicated these charges to Judge liouleau in a letter of the 24th January of which the following is a copy : " Sir, — Although from circumstances connected with your coming here ; from the gro i , l , k ! T' .^''""^Y'- ^^'>"'"'i", thi. stat" «ecute Travis. '"'"' '^ ^^'^^ ^" *liouJd have j.^riniJion to pj^ am Mr he did ] iior iutc ce»>ded asscrtio: after lie Asi was at C siibstaiK follows " I lia letters wr standing i who tried brother of " r ind was held which I 81 Avind from thermomet by suitors business t\ returned h " With Jiave been 1 " I Sim J do not kn *' Geo. W. E Depu Mr. T in the Ion of type wi of the fact It eon are not rel to persons commissio] oeedinp's. AmoH! in whieh t oourt, from the ]{ar he another jut had l)een a At i)au "Andrw( bini if h(( woul iiently? Hp » ==» *^Qi*i\io an t > treat Mr. ■eplied in a tto say, that is in Prince telegram (ia ') have made n Parliament important to the case in a hearsay. you leave ? re influence le before ma >r Mr. Dewiy t, anrl it was bad looking >e will order nohue case, he did, aa I Calgary if rt was even bim." and who .worked ds cross- d delaying >een here. Ust '8e, ired any Itoyal ") It t(» hold buy liava ■ state- l>t and io pro- 25 he dM noTmor^:^*:™';!," *; Ki™"',f "'■'»«' »'^"'"=""'^" 1101- iuli.„d..d to l„ m,X ,, a form ,1 ,, ."■"''■"■'l"' " «a. not mad.i ce..dod to Stat.. (i„ ^tl^u^Z^ 14 h O.-lotflsirih JT h" V Y'Vi"'"- assiTtions on thu faith of stat,.in,. ti ■„ ,?! , , i ■ ' , . "' '""' "'"'''' ""'s* after ho had coni,. to the Torrilorio* '"'" '">' '"'° "'■ ""■■-'>■ '•""»» was atcal'^™v tireTivirt*';:?.'^"''" T■'^'" ■^'«'"" M"'"""'. w"" ™^l^ce^f h. oh^e^;<:- t;ls^: tl::'i:;s.t-:^tph!^t; who tried the case McUougall vs^ the SdTan plVifi? p'/" "'^''' \"'.''' ''^° 'na^i^trate brother of one of Mr. Travis'lnformanti was noli "ui^d "^ ' "" ^^'''^ '^^ f''*^'"'"*"' * was heftr;^;!r?^?:^!rrl^r^£Xas'^J^r*7f^'"'^^^ '^^^ -urt referred to which I suffered very great u-iinTM confined to mv room by sore eyes froM wind from my own^ltT o'ca,garl^Ti :%h^^^^^^^^ thermometer, at 11 o'clock. a,m.,at 27 below /era d'L^"? ^ '^'""t "'f4>' miles w,th the by suitors and kwyers whenever thervinZ to «;i^^^^^^^ I was seen busmess that was required, an,l a Ee i "mSer of ^^1 ""'"^ ^'•'^"^^'^ted aay Chamber Teturned home I was verv neirlv ^,.1!^^ J^ !i I if ends canio to see me. When I ^ " With regard to the^ca e fecSutu -u 5 TJ'r''^ V^'' t^'^I" '" ^ ''-'^'^-'e^l ^m iave been tried before it was, a's^oCaSes wl'n^t^re" t^*'^" '""'"' ^"""*^ " «°"'^ "°^ I ao notS^aSri^sf i&s-^r^^-Li -^ ^^'^^^^ -"^ " Geo. W. BoitniDOE, Esq., Deputy Minister of Justice.' I have the honour to be, Sir, Your obedient servant, (Signed), JAMES F. MACLEOD." Mr. Travis' Defence. of ti;i faet thifhe wLTwitu.!: ta!;;:t;;lr''' "''■"" ^" «""■■« -i-'-s-i At paift. 250 Mr. Travis thus iestifies :— him iit' wouTi'ht'r ;o'^:,c'\i^:nf hh^r fSTbH^^^^^^^ "? ^^^* p""'^'-- ^'-^ ^ -'^-' ^«^:':;i,."r. -"• '"»t he wouid'?r ^;' ht; /i^: pt ti^o°!'r..?^n^:TAi'rp.i-"V- »-- « re,a..„ .. ^„ «,„, ,,,,^, ^,^„ j-,^^^^ ^^^^^^^ ^^^ ^^^^ -^ i-id himb;tt;;,witir;;fw:^s 26 them, to be on the other side. I understood tinf \rr ni.>»„i lK)sition ol Crown Prosecutor/ and E when i^^^ Bleeckor was an anplicant for thfr Canada that Sir John A. MSondd s a ed tint va. Zl """T .''^^^''^ *''« ^"^^ Council of him for any position." '"-'^""'iia statea that it was useless to bring that unn's name before ufu- ^/«''c^er._Of course that is not evidence." any civi?Sii: irySlrnSj^oAhot ^^ acted whether for the Crown or in that Mr. Elee^ker was an ab"e h w ver and^ entirllv^ °" '''l^ °'^""' o°«asion, did I ever say him that I did so. And I sa uX; that rll^.^^*'.'^ the statement which was made b. have met, I could have said^^ ami tokUhe truth LJT^ '^'' ^""'V '^^ }''''y''' ^^''""^ ^ here at all in anv instano.^ wUi,; , / , ^'^^"^ ' '-'v^'' referred to any lawyer rP«,«rl,«K.„ If."/.:!""^''"''^ wahm my memory; uid I will state that I have as a fact I Hp H fj;»f I r .. ^'■"'■''nient. at tne request of a la: l' for ..„,c,, whicb 1 f.™ S, lT„'„m,l,T»mladi'S^^^^^^^ ' '"" » "■"""*'•'» »'"""-' Ktaiomcut „. to hi» (Mr. T',) lifo iLLt.ce ' Ho iy. ars'l)"'™ ''"'^'^'^^ ^ and that matters were placed back worse thnnTi ^*'^''°"« ^^''« knocked on the head, the Government know hat tleyweroTesrS^^^^^ ^\fT' *?^ ^ ^'^l °*" f**! *" let them that instead of pursuing that foniTn^nlr^'^A'''*^ «=0"''«e> and I advised ai>pIic.tions in law ha^'d^f^ne"! to'bSi^ ^'ayTey'^d sS' ^V^ '""^ 'l'^''^^"^ outset they would fail; if thov had told me thnt r fvA^fi ^T had told them m the very to him and he would h^ve jmm.Xt and \'';*' \lti k'^'"T^' '''^'^^"^''^'''''^'^ «f P"don come out s,.hdued, and f-verv hi',VwouId ave been ^^^'^"f > '" "?'*""' ^"'^ '*'' "'^""^ '''"^^'^ f.ut in whether the Governme/.t uVhTt or not *^ ' '"'^ ^*'""'' ^ ^'*™ ^'^^'^ ^^ • hem to have been stolen, andC Irthat d«v S!; '^"^y^^" ''f °^'^'"'^-^tolen goods knowfng secret at all that he said lenev?r knew a Sd^^tofIU^^^^^^ k""" ^'unipeg, and it is no as 1 had." ^ " J""8e to take so much trouble in deciding a case At page 342 he .says (refemuo- to his spoe,-h of the 1,3th Deeeml>er) •- hut oni '';;r.^,;^;?^;^rv2;n:ii,r T^i^^ir'i;?!' "t"^'""" \ ^'""^^ ^'-^ "-^ i^n:rihisrrj;-td'o;i;.s5S^^ ana il^:s;^;i^:;;;;;;;;-;.r^^t^ -^^ ^--y^ iiGO h, M,ys :! "' *'''^ '^*'^^' »'«'S»il''o 'lisi was a gamble aid I have r Williara Fisk- witnesses, Bl whole lot of t " On Tue tion with the At i^aji " When wrong, and th ful, and that I truth, and I ci Mr. Thompsoi that I would i Honour's atte; years in the p world.'' Again Govern mei: "Atallev in a manner si of none such, again. Aboul wick, being re Tufts vs. Chap ity of wh'ch w wore driven to Annihe regards the the KVV'oni t "So 1 say because it will 22, there is n h Mr. Bleecker ti niBgigtrate, an< to be reasoning Reading di rr^v. !_ ;_ '. -- J rti3 13 writ IxHieBtljr, and v )licant for thfr rivy Council of 's name before 16 Crown or ia did I ever say 1 was made h/ vvyers wJiom I to any lawyer '6 as a fact a alf, but from i\ >fes,sor Fowler, St. John, N.B. in reply that tahle memory iolent and ?s Cayley's jested me to vine morning iratulateil on on the liead, ot fail to let nd I sdvised bur difleront in the very res of pardon e would have aim shall be IcDonnough. )ods knowing and it is no iding a case i'ml)er) : — ko tiiat desk ;. I brought ak with ten ih earsay, inent I have 'I a minute." no- of tho At page Diirna got isignificant, ciinso it on •duction of f I 1 hi tr^k a 27 letter in my possession which shows on the face of it that he must have sent a letter and received an answer to it. These infamous scoundrels who are plotting Vr my de!uct.on have b^inTnfT'* ^V'W^ "'" ^°^f honorable men in the DoLinionr who knowhig lo w I i^^dtoMr i^rh^^l '^!^^^^-^'-/'^^^^^ l''''"^^^ to Mr. Bowen and by him fi!f f lu Mu«'och, and m view of this damning letter that I have heard I would mike the further application that these five person. b"e brouglit here to-maiTOw mornin^ for examination by me-Davis, Bleocker, Cayley, Murdoch and Grogan." uiornin„ lor The partios whom he then named were summoned, and were iu attendance at the close oi his evidence, but he declined to examine them, stating that he " would not do them the honor." He proceeds (p. 473) :— »h^ "i^?"^ 'fl'u ''*'^"'''! *" tliejudgment onthe 1,5th of December, I am perfectly satisfied thit the whole of the people who were present were satisfied that I'had done my dutT and the effect was magnificent, and I had the statements coining to me that I ha/ coTitradicted ihese lies that had been spread about; and I have telejrr.phed to Rev. Mr. McSall who came here too late lor the court, who spoke as to the eifect tliat my judgniontf had on the commu nity and there was another man who came to me tliis morning to detain me foi a few mi lu^e* ri^! if "•'•ote me a letter with regard to these people and their schemes, and anmCr man came to m-^ whom I did not know before, who came to me about his bro her who was uit and I ,„,.nsed to write to the Department of Justice with reference f> him;and he said ' I n ? Ce no doin''' T '^ ^''f 'IrK""^ r'^'y «* '''' ^^' ''« '« l'«^« '^n^i he will swea W 11 » p L. , "^c ^'^^ ''"^' 'rf'''' ^° "^^ ''■"'h, »nd I would sooner take his oath_I mean ^ ! ham Fisk-(8ee Supra), and I would believe him in preference to the whole of the Xer ;;Sbt'o?f ' ''"■'°'^'' ""'''''' ''''''''^''' '^='^-n- Carney, Lindsay. Cayty: in tf'hl f.nJL^u l^'^^t'^J' -*?'''' I ^'?l'vered that judgment, and I state I never saw greater satisfac- tion with the dehveringof a judgment than whs hero manifested." fcreaier satisiac At page 4H7, he says :— " When Your Honour comes to see my letters vou will see thit r ha^jo. ,ir,„„ n ■ fT"i' f?H ^^.t* ' '"'^^ "*'"r'«^' "''*'^'"^'- I •^'-•- ev^.y leuer that I have wr tten is t rut if truth and I defy the production of them. Now let them come. I acted on the advice o^ Jhat I wmiWi*? P^h *"' ^" '^''^T^y '"P-l-rat'^ ^^""'^e and 1 did not act in the same way that 1 would if I had been in New Brunswick, or any of the other Provinces and I call Your Honours attention to wiiere the Chief Justice of Xew Brunswick sentenced a man to twentv years in the penitentiary for shooting off a revolver and not doing a I'anici; ol harm In Xe Again at page 503 he reads a letter from himself to a member of the trovornment containing this passage :— in « m^nn",^?" H '"y ^'''^.'y decision has been duly arrived at after the most mature thought' •n a manner strictly conscientious, and if in any one case I have been mistaken, aiTl knou «L n aS:/ ■" T,!^'"'';'''," " "'f ^^'"^' '"''«'-'' '" the Dominion have been o^" ndZr K V, • »our- 1 ths ot the judgments in appeal from the Supreme Court of New Bruns^ Tut: «, rtlf "'"';' '^ *'r, ^"'"-.^'"^ ^^'•^"'•t or Canada, while as'regards this later court in Uv of wh.vf i;'" ' ' "'"''* '""'"•'• "^"'""^ '*"'* ^'"■>'""'^ "'*'^^' '^ statement of law, the absurd ity of nh'ch was most grossly apparent, and when their grnss blunder was Pointed out t ml wore i)e<-uliiir views Avlii.>h Mr. Travis holds -vs regards the^hiw of eviden.v, is furnished by the following *>xtracts iVom the sworn testimony (pp. 5!>2-3) :— i^„ "'"^^l ^% **"? "^'"^ ^^^ '.'* entirely within my own wish and one of which I will nnnrnve because it w.l relieve a single Judge from very much responMbility. In tl" issue ot' F 1 n?a,; '22, there is a lengthy article taken from the Canadian Lau, T/me/at ackin' ?ho stu lm[ JJri ™f ^"V?",''' H'^'^^T-''^^^ ^ '"''' " stipendiary magistrate I had not more p ve i.Jn J S be r^a^onin'g !,,";\^'«'"^""«'y ^^^ '» ^>> t^e greatest tissue of trash that 1 ever r'ead cllimlnj Reading another article from the same Hera/'/, the stipendiarv said •— i.«^iTi' " '^"^w"" t>y a Qiii'i t'Carney) wiiosain\vhC r^n; i ,^ ;7^^;„ -- Mr. Cayley, whom I never met account that the discharge was ordo «] a k^d a^t on f ,.f "'^^f' ^'i' I' ^^ P'ol^ably on that onlytJtl3"IJLl;:!^SSSsti:;t^ r ?'^ course of Ws evidence, not meit, but also to v-n Z m H ^^^^-"^ '^''''*-^^^' *« "^^^^^ 1"« appoint- aeserVod somo r.^on In'th'.'f ^^^^^^^^^^ ^^J^^l^ ^e thinks he had TheM^.wn,pJ:,^^^t^S--,^;;^^^^ €Oodr,e.«st3returnit^ nvl saytlU t'hlt^Srr' "^ ^"•'tum and you never had the grossly wrong act of Mr. Justi% li^n- Vhe.,t ,,«Tf'^1 reference to a wrong act, a had been before the Nupremo Court nfVnrn • '■^'«''i«l '»'8 "otes of argument after thry, court and a,ked him eitC to ,3uco u'rorLS' rlo'^/^^P"''-'' •'^"'' ' ^^"^ *« ^im in o^en notes m any satisfactory n.annal aL if vm, %S T ?"'?,P[ ^"^^ "'° "^ <=opy of the original my factum I will be happy to nl ne ;i- i„^.? ^^^'"'''^Z^ will have the honesty to bring back that I me,u,one.l the ^sf of Shields vs L rnn'''",!"^, ^^^ ^''"'"^ ' "»^' ^ ^''^ f^>'tlier sti'e that case but he had reforre I to a Ur'i ;.? State? R^' '""'"T* Chief Justice had never road voryopposto conclusion that Z Ce Just !« ^^^^T'' 'J''t^^^ ca^e referred to held the part m th., ..ase on account of s wi beinf .e?«t« ' ' "' T'""''" ''"^"^'^ '"'"''' °°' t»ke argument they stopped the argumrntVnd «lid i. *" "Y "''^*"*' '^"'^ ^^^'"ore I finished ,nv take and Istoj.pelund they d^'ilTofrSfve^^^^^^ ^''l "I '""'' ^''« Positions you I underst,ind. "^ °' '^^''"y "'" «ward although they {promised so to do, as ;; a: ui; i"S;? "''"' '''" '^''' ''^^^' P'^''"^'- ^•^i'ieJ I'is note ? ;; t.>. y^is there any reason for his falsifying his notes? he 7- ahnos;i„dre.rfor'"' ttll:.' a"v^!sel' anl T? V'" '*!'»-- r'^"'^' '" ^'••' "«-• ami wouM iMve been. And, I think mvV.f?^'' "r ■ ^''''®''*' '' ^''- i^ooison had lived he reviewed their .indgmoitV a "d ' s^owe I Zir 1ie,v '''""^' "*" """'' <*-•«"'»«"'« ; I mercUe.! ^ uphel.l mv judga.ent. ^^^ """' ^'^'^'^ ^■^''^ wrong, and the feiipreme Court ;,Q. J'-^^'^ you tl'o report ofthe Supreme Court on that case? claimed tfiat\hj Wl wat'/^ll.^'^teHiv So tSd^'nT ' ""^V *"r "''«'«' ''---« ".e, beuer remedy I wa» entitled to have l^ rrl^Sk 'rdgri>i:e; Tu^S 'iSS feJ differently, taken off th factum to a had read it i Agaii " Q. Di< which is obj ner, in fact i learned jud^ it was prepa among its re offered to it of the court this court, ir of Court of 1 Plaintiff's fac scandalous a " A. I th court was m< facts." The l'( " I am m with every ki could ; of coi a feeling of lu they have acl So hel;) my young man B< man, and you sorry for all y have done wo very sorry for with you." Also tl "Q. Did: "A. 'This statement of 1 I would liave ( Washburn anc had been intn Mr. Trt be kind to ( declared in towards the The oxplant with this as " Q. Did y « A. I liavt scamp nothing ♦'Q. Jsit li " A. Yes, ] that his altenti take him away think it is a pit Again a «Q. You n this beautiful c! "A, Yes, I • witness to show ti.and if I did not n this place and B'it r state that uld teach hitn a • me read before n this land I aili it, and if I don't wonder. >per with regard ! Whitbeck, and om the Govern I have allowed ') which I value g that from my ubt always gave ve followed me lem until now, m I never met robably on that 10 perhaps said 's son did not rideuce, not his appoint- iuks he had rred to the le Court ol . before the ill this cast?. 0) .— I there ? never had the a wrong act, a ent after th^y him in open Jf the original to bring back further state id never read il to held the ould nor takt; 1 finished ray positions you d so to do, as the case, and ad lived lie I mercilessly pre me Court beoaiue tliey ntitled to e. iitch'M htnLI 29 fMCfilir^ratd:^^^^^^^^^^^^ factum to be- factum to a large number of men, andThiKnpVS^^^^ ^ ^*^'« ^f""* f'^t had read it and he said he had and he' ^aw tthing frnproplr in ?t''°'' ' "'""'^ ^^^'^^ '' ^- Again (p. 737) :— ner, m fact in such a virulent and , llJl^f c^- •. t V^^'\ '" such a scandalous man- learned judges, whose iSi^ntsappeafdfro^^^^^^^^^^ ""' *^f J-^g'"«°*« «f the It was prepared, but this court also, if it si S be ntSp.l ?n °°'^ ^^'^ '°"°'?^ ^^ ^^'^''^ among its records, and for this reason .ml « .IToX *f ^'^.**^ remain upon its files, or •' A. I think they were the woX In t thinw !f ^ **' f ^"'"^^'^ ^ ^'"»«r party ' ? court was more disgraceful fJ tSSlveTfhLX' Sr thL^ iofflo^ ^oT/ u^£ t^ The Ibllowing passage from his evidence is also illustrative (p 740) — with eie"ry kindn^srnTwtn I Zth^ZVilZr' '°'' T^' I ' '^^^^ ^^^'^^ Murdoch could; of- course I have a fS«orcomem.f^^^^^^ *° ^'°^ '« ^'^'^^y as I a feeling of hatred towards those menhoh«vAUin Y-^° ^'^ l^^HV^ ^^^^'y- ^"* ^ h^^^ "ot they have acted Udly against me but! have ^o ^l^n^'.^nV"^ .'" ^'^'^- ^""'^''^^'^ "^« ' ^ "^""^^ So hel-) my Heavenly Father IhlLff! ° r^ "'^ ^''*''^'^ agamst, or towards them, youngmanLwnIha7eadv "d'limXVwfj '''''^' ^^ even that' man, and you are an unscrunulon* nTnn nZnr } ^^"^S- I know you are a very l)ad Also the following (p. 7-12) : " A ■ Snf ™'"^?'"' ^°";'^'" *^" y"" '"^^t y°" had a wonderful memory for date, ? had been introduced to I" rnj^an^d^tt tTas'LuLSbLlnsL:^^^^ ^^^"°"«" ^^ Mr Travis seems to have entertained the same views of what it would be kind to do to Bleecker, as he had in regard to Davis. He reperte y declared in his evidence^ hat he entertained nothing but kind 1 lei o-s towards the persons in Calgary who were promotin| the invettio^aiof Ihe explanation whicli he gives in his testimony is singularly at waiuS; with this assertion. The following is a specimen h. 758) :— u ?• ?l'^ ^'*'" ?'"'\^? K^''*' " ■*'"'' ''*'^ '»g towards Mr. Cayloy after that •> "A. have a kmd .eeling towvirds him now, and if in any way I could assist the voun^ Bcamp nothing in the world would give me more pleasure ^ "^ «'Q. Js It irom kindness that you call hini in open court a young scamp? Again at page 773, he says:— "A. \e8, I tliuik I did, and I would feel it a banishment if he had in go. 30 years?^" ^'^'''' ^"" *'"'' *^'* ^" ^ot banishment enough by being sent to Manitoba for two tiary '"^" ^°' ^ *^'°'' '^ ^°" ^"'^ ^' ^°*^ ««* y°"'' ^^^^''^ y<»^ '^ould both go to the peniten- Also page *774 : — " ?■ You \vouia try us and send us to the penitentiary ? Loundt trv' thrca e 1?nfTlt%"^"^^'^ **! ^'^ '^^^"^ "'''^^«' '^^''^"^° ^ to the peniten- link I would be in the peniten- litentiary if you rgely from that id Cayley, wer.i | n ; I think you ^ i last Tuesday hem ? <1 tell from his e was horrible, md r say he is li when he was glad I did not y towards him a ; I had reatl !ht and it was lied me a liar Qk in my life. times in my ird Sir Wm. , and it is a ::aUed him a, 31 Mr. Travis in the course of argument said (p 864) •— in a "er;i™Stfoi^t;: ant;ri,rc^^^ ^'^"'^r^ -^^ ^ -^ I >-.« acted interest to get me out of the way Kusffnra!«h«^^^^ '"'''' * ^^^ »''*' '^ '« *» his have to disrobe him. ^' ''®°^"'® '" ''^^^ ^e came before me on the charg.-s I would the investig-rttiou before Judge Taylor :— «' G. W. Burbidge, Deputy Minister of Justice. •m^ "Ualqart, June 21st, 1886. take';feT,fn:r'^;f:^L^^yrfrJon:'c^^^^^^^^^^^^ ^^^'^^^ -y Mr. Henry Bleecker and Mr F P Davis lor the p.-t.tioners, and by Mr. Travis on his own behalf. For the Trnvir'iif ' "/""^^'^^ .witnesses W(>re examined, and on the part of Mr. Travis, himseli, and sixteen witnesses, all the evidence being taken down by a sworn shorthand writer. He also produced, and pi!t in, a 1 q^uantity oi documentary evi(lenc.^ The time actually occupied by Bittmgs under the Commission was fourteen days to the Ulfrlitv'n."/i ^^"^ '^^:amination of witnesses, Mr. Travis took objection to the validity ol the Commission and to the regularity of the proceediu-s upon two grounds. l^^irst,-that he being a judge of the Hi-h Coui?°of Justice m the North-West Territories, the onl'y proper mode of enquh^nJ into his conduct is by an impeac'hment in raWiament. Second,-that tfe Act, 3 Victoria, chapter 38. under which the commission is issued, T not 11 lor.,.e m the North-\VestJ,.rritories, therefore, the Commissionls who llv ilhpd and void and the Commission has no power to administer an oatlf or to exainin(> witnesses under it. Upon these objections I ruled that having taken all the evidence I would m obedience to the Commission make a return of the evidenc^* and a report thereon having the cjuestion of what effect should be g veu to the evidenc(> and report, to be thaji A in, auc pleade( the i.ssi Ordina Th wilhou on Jiis c The pendiiio a letter'l 3. A ?ary Re) articles i fieems ex any. juris Court. 1 severity. It is mission, i iicr in -vvJ opinions i the j)reso] istered th f», ^-^^ tne procee <'onnectio]; ceedings h 8 Koyal larg'e k 88 "'"Tr.ii '«-^'^' "'"'^'■'■' -™"" "s.;;,-:*- ^ practice ta tho'cot ^'i,?';!;" {Y' '"''''i«i^> ,r St ;""' ^'"t*>'' "^^T ter, he was not on,. , ? '■"•' l>"l'lishi.d in „ ,. „ "^ " /''^'^'^ evidence that M rV ^'^ l»!Ui-VVest There^^X! nri'rr^'^^^^^y ^^bi,^^^.^^^^^ ^-;;!^ him to be heard pending Mr Lvis , ^.u*' ""'' ^he evid,.nce th ,m^ 'f ^ unjustifiable, a h>tter= igned " TnX"' .^"^, ^^^'•- Travis s s n'e t fd ,^ ^^'u '^'^^«" ^"^'^ «'^- S-/-n,e.eij;';es!:;;;i;^ . It fs apparent from th • , ^ ^ """' ""' "^ ^^^^^"»^' i«terod throuo'i:, t the ?)''''''l'^^^^^i"^ the spirit n wh ch f]^ fntortained at the Proceodinc^ ;; f'f ,^'^^" «Poken of as the Town On, m conne,.tion wfth t h \ •^- "'^^>^°'- '"»d oounc IW fn, """'' ^^■'^^'''•' *hatiX ceedino-« to Jel] ' ^.^i^ion of the voteA 7-1 T •^'^^^^iPt practinp^ i ,. B " ^''^-'''' ^'^^^^' ^he election Tu^^.^'^j^^ subsequent pr'al umocJc, Lmdi,ay and Freezcj, K 84 '^^f^^tStZ^^^^^^^ t? ''- T-i. the evidence Ratepayer, he proceX^n a rn.n.u^t': ^'l ^^"^"-^^ before him by a -^> 0.i.anee ..pe.tn, n^^:^;:.?^!^ (^JJl^^^^^^^ H.,l!S^^^;^;;rr ^;;:S^^^r^^^^ =>PP.nl to a stipendiary ^oroc.vdinoV kC ''s h. /V'^ CouU of R.viiion l{ LcmitofRevrsion, ona jndo,n..nt or n , l * / '^''^"^^^" Pa^.sed by a Then' ^^^1'": ^'''''''^ ''^y the Cotild]"' '' '''^^^ ^^"^'^ ^'^^ "<^ver 'be --UI. p.::^,Jnan;:;:;!";?.::!!;^ -., petition aHeain. ^ompelhno- the Town Vhvk to a te d fn K ^" """^'"'S" '^^ order, "xnd onhTT' the only provision in tW^^^^ to pr^d^? oi that chara(^ter beiu- in the ens. of'.?, r f^' '' Pi-^Janinarv enquivv Mr. Travis ehun..^ tha tt u* \ 'ts o^ h^^'^Ar '"^'^'^ ^^ ^^^'-^^^^ a %-law ^ the Coun.il, in roceedino. fo, .onCt ^^ f T' >* '^'''^'on law Mg, on convirtion, in the penX of^, f;^''''^'^'"^^^ "^d Penaty of disqualification ^ " ""^ ^'"'^ ^^' ^"^Pnsonment, not in the iurisiUr-^-^" - ^-^ did Mr. Travis in my opinion exceeded his ^oJt^^^Z^ ™i:;:./E:n 't' '^^ --^^^- of the iist a largo number of naines . te 'h-,- ^ 1 ?^'' ^''' ''^^^"^2' *« the voters the evidence seems to show thev did ouJ'^"'^^' '''''' '^ ^^^T did not as ^een on the list. ^'^'^ ^'^' '^dd names which should not have <^ui?^Sa?^:;;;'S.f ^;i:!ft;^^^ ^----n. it is beyond all element, dangerous to tho pe^.^i.d Population of Calgary a lawless --^til^ excite, as ^^^^^l^'lJl^'T^,:;^-^^^ himi| cc^SSi^tllTe^;;?^ st^o?^JSi^"f ^ *^^* ^^ ^^- Gravis of hostility in which Mr. Travis and n U. *''^^"'- and the attitude Calgary and neighbourhood stan to onf ^?''h ''"' "^ '^' inhabitants S parties are blameable, I can i mvss no oh''' '"^ ^""^ '""^^'^ both Govtnnment ought not to contimiMv T, ^^V^opmion, than that the Magistrate at the Town of Caloa y ^'^ ^'^'''' "^ ^^' ^^^^ of Stipendiary ' openi Ti "-Tills proc'mprT' '"'',^^'^<^<'iioe " ^ have the h„,„„,„^^g^:P^ '»""!■ »"