Hope For Canadian Racing: Royal Proclamation of Peace Will End All Wartime Restrictions.; So Declares Former Minister of Justice for Canada in Lengthy Opinion., Daily Racing Form, 1919-07-23


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HOPE FOR CANADIAN RACING Royal Proclamation of Peace Will WillEnd End All Wartime Restrictions So Declares Former Minister Ministerof of Justice for Canada in inLengthy Lengthy Opinion TORONTO Ont July 22 Sir Allen B Ayles worth K C former minister of justice for Canada has given a written opinion to the Canadian Racing Associations to the effect that racing in Canada with batting will be legal the moment the royal proclamation issues in England that the state of war as to both Germany and AustriaHungary ceases and at the same moment he says the order incouncil Of the Canadian government of June 7 1917 will cease to continue in force because From that moment Canada is no longer at war no matter what either the governor in council or the parliament of Canada might do or say sayThe The opinion is lengthy and covers all phases of the cane Canada herself did not make war but entered the war as part of the empire when Great Britain declared war on August 4 1914 1914Sir Sir Allen says The power conferred by parlia ¬ ment unon the governor in council to legislate was expressly limited to the duration of the war The corresponding phrase in the imperial defense of the Wafttt 3s fluting the continuance of the present war the orderincouncil of June 7 1917 itself declares that it is to continue in force only during the present war in Europe and for six months after the inclusion of the said war warThe The attempt to continue the operation of the orderincouncil for six months after the conclusion nf the war would in my opinion be held to be en ¬ tirely nugatory and ineffective It was I think wholly ultra vires of the governor in council councilThe The whole power of the governor in council in the premises was a delegated power resting solely on the statute conferring such power The donees of that power could not by any words or act of their own enlarge or increase their power any more than any other donees of any power could couldAnd And of course if the governor in council could validly make this orderincouncil operative for six months after the conclusion of the war he could equally have made it operative for six1 years or for sixty sixtyThe The question then is simply when does the existing state of war come to an end endIn In ray opinion the war ends when the king so declares declaresSuch Such declaration will be announced by a royal proclamation to be issued in England just as the existence of the state of war was announced in J914

Persistent Link: https://drf.uky.edu/catalog/1910s/drf1919072301/drf1919072301_1_8
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Library of Congress Record: https://lccn.loc.gov/unk82075800