The evening times., 1899-09-02
GRIEVANCE OF LuMBEaMEn.
Michigan Men Seek to Have n Cana.
dim Inv Set Aside

Michigan Men Seek to Have n Cana
dian LAW Set Aside.
TORONTO. Sept. 2.-Proceedings have at
| last been begun to upset the provincial stat
ute known as the Ontario log export law,
| passed in 1893 This law prohibits the ex-
portation from Canada of all pine in the log
cut ON ths crown lands of Ontario. This il
does by providing that there be inserted in
all timber licenses yearly renewed a regu-
lation requiring the holders to keep the logs
in Canada until the same are made into
lumber or other sawmill products.
Against this act the Michigan lumber
men who held timber limits in the Georgian
Bay district protested from the outset. de-
claring it to be Injurious to their interests
maintaining that it was a breach of faith, il
not of contract, and further holding it to be
ultra wires of the Ontario legislature. Their
representations in regard to it were laid be-
fore the State Department at Washington.
which drew the attention Of the British
foreign Office to- them. 1t referring them to
the Dominion Government, which passed
them on to the Ontario Government in To-
ronto.
Thus. by the time the Michigan men sue
ceeded in getting their complaint through
tuiS tiituiIOt5 EHdnHef ana lOukeu III III
ronto, only 200 miles away from the office
of their legal representative in Detroit, the
Joint High Commission was In session in
Quebec, and the question came before IL as
pertaining to trade in lumber. Premier
Hardy hastened before the commission to
defend his law, and laid before that body
memorandum with reference to the despatch
OF the American Secretary OF state TO the
British Ambassador at Washington. The
tn<y
the constitutionality of the law and denying
the allegation that it trenched upon any
rights OF the Michigan limit holders.
These were matters lying outside the list
of subjects referred to the Joint High Com
mission. That body was not a supreme
court to decide upon questions OF equity
or law between Canadian province and
any other party. nor was it tribunal In
vested with power to interpret the cana
dian constitution the British North Amer
'ca act So far as its power touched the
| timber and lumber question, 1t could only
recommend scheme OF trade interchange
which the legislative powers affected couid
| approve or reject; and whether the Ontario
Assembly was one of the legislative powers
| affected was for the Canadian courts 10
decide or, in the last resort, the judicial
| Committee of the Imperial Privy Council
| Thus the matter could not be settled oy
the Joint High Commission unless by mu-
tual consent, and. though negotiations con-
tinued through the instrurnentailty OF that
| body and by other means, such as the good
| Offices of John Charlton, NJ. p, the ques-
tion drifted steadily toward the courts
! As legal action cannot be taken against
/ a government without its consent, the rat
! of the Hardy administration had TO De OBJ
4 tanned before the appeal 10 the courts could
/ be made Some time ago this was asked
/ for by the Michigan lumbermen, through
I their legal representative here, and al last
was granted. At first the attorney general
of the province would only allow petition
of right to be filed, on condition OF the sup
plants waving any claim for damages
Eventually he ceased 10 insist on this con-
dition and petition of right was accord
I ingiy filed in the High Court OF Justice at
Osgood Hall here the other day by Robert
W. Smylie, of Detroit, and the Canadlan
Bank of Commerce of Toronto.
II is understood that all the Michigan
lumbermen interested have Joined N sup
porting the petition. Scott and Huston are
the solicitors for the supphants, whose
counsel in the case are II. }. Scott ana
Christopher Robinson. @. c. 5. H. Blake,
O. c., and his firm, Blake. Lash & CasseIs,
will act on behalf of the attorney general
and the province.