4. Manitoba. Contributed by J. Pitblado, Esq., K.C., LL.B. Contributed by the Hon. Mr. Justice Fabre Surveyer Contributed by A. J. Hannan, Esq., M.A., LL.B., Par- liamentary Draftsman, South Australia . 71 Contributed by His Honour Judge Zichy-Woinarski, K.C., 7. Western Australia. Contributed by F. L. Stow, Esq., LL.D. 8. Papua. Contributed by the Hon. Mr. Justice Herbert . BRITISH EMPIRE. I. BRITISH ISLES. 1. UNITED KINGDOM. [Contributed by CECIL T. CARR, Esq., LL.D.] DURING the Parliamentary Session of 1920 the Government, even after the representatives of organized labour had parted from the Coalition, still commanded an overwhelming majority. But, though Parliament sat till Christmas, and though 82 Public General Acts were passed, many measures foreshadowed in the King's Speech had to be left for another session or another Government. The abandonment of proposals relating to licensing, electrical power, a minimum wage, the fishing industry, the State acquisition of coal royalties, and the reform of the Second Chamber indicated that either time was too short or circumstance too strong for great schemes of reconstruction. Pleas were heard that the programmes of subsequent sessions should be less exacting. Many important Acts were passed, but the machine was working at too high pressure for the improvement of the statute-book. The moment was unpropitious for progress with statute law revision. The sole measure of consolidation was the Rent Restriction Act, which, though intended to be temporary, has built itself an enduring monument in the law reports. The motives for legislation in 1920 were various. The storm was over. The ship was still afloat, but not yet in harbour. Her hull was protected and her deck-space encumbered by strange structures which the carpenters, though not proud of their handiwork, were yet loth to jettison. These hasty improvisations required inspection to see whether they could be safely removed or whether they must be renewed or replaced by something more lasting. The Irish situation called not only for permanent political settlement, but also for the temporary suppression of crime and disorder. The mining industry was agitated by questions of prices, profits, wages, and State control. Elsewhere legislation was required to keep pace with high prices, to appease the public resentment at profiteering, and to deal with the menace of unemployment. These were grave additions to a legislative year wherein Parliament might otherwise have resumed the normal activities suspended for the duration of the war. Legally the war still endured. The Armistice had been signed in November 1918. Ten days later Parliament had enacted that the war should not be officially ended until such date as His Majesty might by Order in Council determine. The treaties of peace with Germany, Austria, and Bulgaria, concluded during 1919, were not ratified till 1920. The similar treaties with Hungary and Turkey were not even signed till the summer of the latter year. The date eventually fixed as the termination of the war was August 31, 1921. Meanwhile, in 1920 there were more than sixty Acts of the war period (not to mention other legislation such as the Defence of the Realm Regulations) which would expire upon that as yet undetermined date or at a specified time thereafter. To struggle back from the exceptional and temporary to the normal and permanent, that was the problem. The legislative effort of 1920 is inspired by the natural reaction against war restrictions, the adminis trative difficulty of cancelling those restrictions with a stroke of the pen in the face of serious domestic uncertainties, and the recognition of the fact that even the much-abused D.R. Regulations had contained elements worth perpetuating in statutory form. War Laws Continuance.-Not only were certain D.R. Regulations temporarily prolonged in modified form-as is to be seen, for example, in the second schedule to the War Emergency Laws (Continuance) Act, in the Shops (Early Closing) Act, and in the Ministry of Food (Continuance) Act. In addition the Firearms Act, the Dangerous Drugs Act, and the Official Secrets Act made permanent certain features which the country had first encountered in the guise of D.R. Regulations 30, 40B, 41, and 45. The life of "Dora" (as the war-time Defence of the Realm Act was familiarly named) being thus prolonged by artificial respiration, there came a moment when, the country being in doubt whether she was alive or dead, something like her ghost passed twice through the Houses of Parliament. In other words, the device of giving the executive an almost unlimited power of making regulations in emergency was twice repeated in 1920. Emergency Acts.-In October, when the long-threatened strike of miners had begun, both Mr. Bonar Law and Mr. Lloyd George admitted a doubt about the D.R. Regulations. The admission was made on the introduction of a drastic Emergency Powers Bill, which was passed in four days, "to make exceptional provision for the protection of the community." S. 1 (1) of this Act (c. 55 of 1920), which is permanent legislation, though not intended to operate except at a crisis, ran as follows: If at any time it appears to His Majesty that any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community, of the essentials of life, His Majesty may, by proclamation (hereinafter referred to as a proclamation of emergency) declare that a state of emergency exists. When such a proclamation has been issued, Parliament must be informed forthwith, and, if not sitting, summoned. While the proclamation is in force, there is power by Order in Council to make regulations for securing the essentials of life to the community. The regulations may provide for trial by courts of summary jurisdiction of persons guilty of offences against the regulations, "provided that no such regulations shall alter any existing procedure in criminal cases or confer any right to punish by fine or imprisonment without trial." 1 These Regulations took effect till the end of the war. On March 31, 1920, Parliament continued some of them in a qualified form till the following August 31. Had it been intended that in September (when the war was after all not yet ended) they should revert to their unqualified operation? In introducing the Bill, Mr. Bonar Law said it had been drafted for some months. The Government disclaimed any connection between its proposals and current industrial disturbances. In a keen debate certain amendments were accepted. The Home Secretary consented to limit the duration of a proclamation to one month (without prejudice to the issue of a fresh proclamation at the end of that period) and to add a proviso that the regulations should not make striking or "peaceful persuasion" an offence and should not impose any form of military or industrial conscription. Parliament retained an unusual degree of control over these regulations, for they were to have no effect after seven days unless both Houses passed a resolution for their continuance. The importance of this check is visible if we compare the episode of the railway strike in 1919 with that of the coal stoppage of 1921. In 1919 the situation was met by action under the Defence of the Realm Regulations; Parliament was not sitting and was not specially summoned. In 1921 the situation was met by proclaiming a state of emergency on March 31. Parliament was sitting, but would have been summoned had it been separated. The proclamation was continued monthly till July, by which time the crisis was over. Regulations, issued on April 1, were approved (with minor modifications) by resolution of Parliament after debates on April 5 and 6; they were reissued on April 30 and again on May 27, being debated in each case a few days later on the resolution for their approval. It is hard to see by what better legislative mechanism such situations can be met if we are to preserve a form of Government which, in Lincoln's words, is strong enough to maintain its existence in great emergencies, yet not too strong for the liberties of its people. R.O.I.A.-The Emergency Powers Act did not apply to Ireland, for which country it had been necessary to pass a not dissimilar measure in August. The Restoration of Order in Ireland Act (c. 31) explains itself:" Where it appears to His Majesty in Council that, owing to the existence of a state of disorder in Ireland, the ordinary law is inadequate for the prevention and punishment of crime or the maintenance of order, His Majesty in Council may issue regulations under the Defence of the Realm Consolidafor securing the restoration and maintenance of order in Ireland, and as to the powers and duties for that purpose of the LordLieutenant and the Chief Secretary, and of members of His Majesty's forces and other persons acting on His Majesty's behalf, and in particular regulations for the special purposes hereinafter mentioned. tion Act, 1914 ... Those special purposes included the constitution of special Courts, and provisions that courts martial might have the powers of justices for binding persons over to keep the peace, enforcing recognizances and compelling witnesses to give evidence and produce documents, that persons sentenced to imprisonment in Ireland might be detained in prisons anywhere in the United Kingdom, that courts of inquiry under the Army Act might perform the duties of coroners and coroners' juries, that High Court or County Court trials in Ireland might take place without juries, and that, if local authorities defaulted in paying compensation for criminal injuries or otherwise, the sums payable to them from public funds might be intercepted and appropriated. Like those made under the Emergency Powers Act, the R.O.I.A. regulations were to be laid before Parliament as soon as made; but, ་་་་་ |