THE WILLIAMS LAKE TRIBUNE Wednesday, October 28, 1959 EDITORIAL PAGE A MATTER FOR CONCERN When Judge Henry Castillou spoke in open court last week on the subject of court stenographers and * their necessary place in the proper sequence of trial Procedure, his words raised a very obvious question in the minds of his listeners. Judge Castillou’s remarks were by way of an ex- Planation of his decision to postpone hearing the cases before the court until such time as the services of a stenographer were available. He reminded the coun- sellors before him that in 10 years on the bench, he had not held court without a stenographer because he felt that such procedure was unfair to the accused. The question then is, if this premise applies to cases in County Court, does it not also apply to those heard in the lower courts where absence of a steno- grapher is particularly noticeable? From a layman’s point of view, the sight of a magistrate laboriously copying the proceedings out in longhand, with frequent interruptions of counsel’s ar- guments and cross examination, seems an inefficient method of carrying out the business of the court. But this viewpoint concerns itself only with speed of pro- ceduree, and not the more important concern of jus- tice. It is in this light that Judge Castillou’s remarks are a matter of concern. Since we pride ourselves that in our society those accused of wrongdoing have the opportunity of a fair trial in our courts, it is more than disturbing to think that this theory falls down in the lower courts because we are not making provision for stenographic transcript. The machinery of justice should be as functional and fair in the lower courts as in the higher ones, LEGAL JARGON — Abbotsford News “When a man gives/you an orange, he simply says: ‘Have an orange.’ ut when the transaction is entrusted to a lawyer, heJafopis this form: I hereby give and convey to you, al] and singular my estate and interest, right, title, claim And advantages of and in said orange, together with its rind, skin, juice pulp and pips and all rights and advantages therein with full power to bite, suck or otherwise eat the same or give the'same away with or without the rind, juice, pulp and pips, anything hereinbefore or hereinafter or in any other means whatever nature or kind what- soever to the contrary in anywise notwithstanding... Then another lawyer comes along and takes the orange away from you.” This is an example of the legal jargon that, in the opifion of Mr. Justice H. W. Riley, of the Alberta Supreme Court, is in need of revision. Mr. Justice Riley is one of the members of the bar who believes the language of the law should be streamlined to get rid of that which good plain English. “is neither Greek, nor Latin, nor Robert C. Dick, a Toronto lawyer who joins with Mr. Justice Riley in condemnation of-legal jargon urged lawyers to ‘‘ discard the worthless one and use words and expressions in keeping with the modern equipment in our office.” About 25 years ago a presiding judge instructed a jury ‘trom rural communities to disregard an error drawn to the court’s attention by a defence lawyer “as being no more than the interpolation of an aman- uensis.”” In the legal profession today the question is still asked as to how many of the jurors knew what the learned judge was talking about. The language of the law needs to be cleaned up so that any person of average intelligence can under- stand its meaning. * Clinging to the old form like a maiden aunt to her shawl does not fit into today’s concept of clarity. A 20th century lawyer would not think of writing with a quill by candlelight and riding to the court- house with saddlebags slapping the sides of his horse. But in this age of jet propulsion and rocket flights to outer space we find 20th century lawyers and judges jealously protecting the language mummy of a past era. Mr. Justice Riley and Mr. Dick have public sup- port in their contention that “have an orange” is the clarity of expression that everyone understands and which should replace the legal jargon of musty, mouldy law journals that have become museum pieces. THE WILLIAMS LAKE TRIBUNE Established 1931 Editor, Clive Stangoe Published every Wednesday at Williams Lake, B.C by the Cariboo Press Ltd. Subscription per year, $3.00. Outside Canada, $4.00 Advertising rates on application Authorized as Second Class Mail by the Post Office popular pastime in the 1920’s and races. were held at regatta time. Here is shown the “Anne” under a full spread of canvas. LOOKING BACK ALONG THE TRAIL ONE YEAR AGO October 29, 1958 Williams Lake may get its own radio station if an application by owners of radio station CKCQ at Quesnel is accepted by the Board of Governors at Ottawa . . + Members of the Elks Lodge are prepared for the annual mob of children that will converge in the big hall this Friday night for the Hallawe’en Party ... An increase of almost 10 per cent in the cost of teacher’s salaries in District 27 resulted from the signing of a salary agreement Tuesday between teachers and the school board . . . Leaving to take up residence at Naniamo longest periods of Pesidence in these parts « After three years as an actred- yilliams Lake High has had the privilege recalled by the Department of Education. FIVE YEARS AGO October 28, 1954 Back in September, when skies still carried the threat of more rain on already saturated hay fields, agricultural experts predicted that the next weeks held the key to feed problems in the Cariboo this winter. The weeks have passed, and the bright days have kept ranchers busy in the fields Local officers enlisted the aid of the RCMP dog from Kamloops this week in a search for a lost hunter in the area between McLeese Lake and Tyee Lake . C. A. “Chet” Leavitt, secret- ary of the Cariboo Cattlemen’s Association, has resigned his position effective the end of this month . . . Heartbreaking sight to the tiny setlement of Bach Sawmills, about eight miles from Big Lake, was the siglit Saturday morning of _ their volunteer-built school in ashes . Three bad fires in Lac La Hache this summer and fall have resulted in residents of that community forming a volunteer fire brigade. ~ TEN YEARS AGO October 1949 A new subdivision consisting of 70 lots is to be added to the townsite of Williams Lake and placed on the market by tender, according to H. W. McNeill, ex- ecutive assistant of the PGE Railway ... A cougar weighing over 200 pounds and measuring seven feet nine inches was killed by W. Hasbrouck, from his door step on the road to Keithley last week . . . 135 moose have been handled by the Cari- boo Cold Storage this season up to Monday, an increase over last year when only 130 moose were handled the entire season. TWENTY YEARS AGO October 30, 1939 The contract of the develop- ment of the Williams Lake Air- port has been awarded by the Department of ‘Transport to Thode Bros. of Saskatchewan, with J. E. Hansen arriving to take charge of the operation... Barney Boe was a surprised man and entitled to some cussing last Tuesday -morning when he went to take off in his aircraft on Williams Lake and found his ship gone. The mooring rope had broken, evidently by the heavy storm Monday Hardware; coal oil lanterns. 90 cents each, coleman irons— $6.25: <= ARBRE A =. wis — LOOKS AT — That recurring hospital problem By A. J. Drinkell The boys displayed their usual concern over general health and welfare when discussing the difficulties besetting the Board of Directors of War Memorial Hospital, at our last hold-forth. Abe Roper voiced g the sentiments of the ranching fraternity when he stated the present _ situation. could not possibly have arisen at a more inopportune — time. Weather conditions have-placed iaestftow- men in a precafious position. Although the general feeling is ‘that the long view, price-wise, is reason- ably bright, the local market shows signs of weakening in anticipation of exceptionally heavy selling during the next few weeks. Those compelled to sell be- cause of feed shortages will be the most seriously effected and the immediate future is none too bright. Should they approve a money by-law for the hospi- tal the demand upon their cheque books would be immedi- ate. Nine mills represents around 50 per cent increase in . their assessment for schools, ete. CONFORMISTS At this point Shorty took the floor to lament the fact we have become a nation of con- formists. Everything must be according to a set plan or pat- tern, otherwise it has no virtues. The old hospital, says he, was entirely of lumber construction and served us remarkably well for many years. A few years back if faced with a dilemma such as confronts us today we would have gone out among the lumber men and planer mills and sought contributions of boards, scantlings and whatso- ever. These people and many Letter to the Editor ORDER A TRIBUTE TO CANADIAN PRODUCT The Editor The Williams Lake Tribune Dear Sir—We were interested by your article on equitation equipment being shipped from Williams Lake to Brittany. We have in fact sent to our friends from the formal mounted Hunt in Quimper, Brittany, France, a lariat from Tony's Leather Shop a few months back, and we hear that, when the hunting season to hounds is over, the Quimper equestrians plan to keep mounted actively by innovating calf roping! We might add here that the art of cowboying originated in Spain and is commonly per- formed by the “guardians” of Camargue, (along the Rhone lower valley in Proverice,) and in North Africa. Their equip- ment is similar to the one used here and locally made. It is therefore a tribute to Tony’s rodeo paraphernalia, that they should import equipment from B. C. rather than from the near by guardian country! Regis and Helen de Maleissye Buffalo Lake Ranch Buffalo Creek, B.C. others derive con- siderable benefit from our hospital and would undoubtedly be glad to donate facili- ties, if such were possible. Most of the equipment in the pre- sent hospital would hve been moved over a the new! building and sufficient extras bought to activate 75 beds at once. In those days the govern- ments would have been happy to recognize such initiative and grants would have been forth- coming, for that purpose. That would have relieved the landowners of any onerous burden and they would have shouldered the small responsi- bility unhesitatingly. CARE MORE IMPORTANT Unfortunately a new edifice today must conform. It must be ornate and have a full com- plement of elaborate trimmings; or is that just a state of mind? It we need that new hospital badly enough, and heaven knows many of us realize we need it desperately, then we are not going to let a temporai adversity deprive us of it. any case says Shorty. many sick persons worry what kind of outer crust the hospital has so long as they get good care and attention and it would be slanderous to say our staff cannot nurse as efficiently in a wood frame building as in a marble one provided they have the equipment and facili- ties to work with. Surely the two governments and. the Department of Indian Affairs would not with-hold their respective grants in the face of a supreme effort on the part of the community? It is worth a try anyway in view of the dire need. NOTHING TO LOSE There is nothing to lose through trying. On the other hand to endeavour to overcome the difficulties particularly —by asking a neighboring centre to forego its own plans would only lead to bad ‘feelings and discontent. By the time the remaining beds are really needed the economic ‘situation may have improved consider- ably and the legislature may by that time have realized the need for a thorough revision of the taxation system as it applies to schools and hospitals. Chair- man Blunt expressed the thought it boils down to a ques- tion of whether we crawl into a funk hole to lick our wounds or get busy applying them to the best dressing we can fash- ion out of the materials at hand. During the commotion caused by shuffling feet and scraping keys as we adjourned it was difficult to discern if the voice coming over the em- porium’s radio was that of Amos howling, How-a: How-a: or the Padre shouting “Pass the Am- munition.” THE MACDUFF OTTAWA REPORT A MINORITY OF ONE OTTAWA — Watching the evolution of Donald Methuen Fleming, politician and now national financier, is one of the more interesting preoccupations of the fence-sitting Ottawa ob- government, he was permitted No”— flatly and without equivocation—to two powerful appeals for financial help. NO TO EMPLOYEES The first rejection was direc- government's own the civil service, server. ted to the As an critic, he in- iployees, variably shouted too loud and which has too long, very often about too little, and, he'll never win a popularity contest. But the development of this powerful little man, often des- cribed as pompous and humor- less, has been slow and steady. It could ve said, in a phrase, that he is carrying the Diefen- baker government on his broad back Whether he is carrying it well is a matter of sharp political controversy. It remains to be proved, for instance,-whether his two-year-old policy of deficit budgeting will work to float the Canadian economy out of troubled waters and safely into harbor. No one was more critical of deficit, or surplus, budgeting than Donalti Fleming in the days of opposition. By nature, he’s fussy, neat and tidy. He likes the outgo to match the income. MODEL OF VIRTUE It’s impossible to conceive of Mr. Fleming, in his private life, running up an overdue bill at the corner grocery. His bills would be paid right on time. Not ahead of time—that would be considered poor debt manage- ment—but on the dot. He's a model of virtue, a pillar of the United Chureh.and a staunch Conservative of the old school. He is said to dislike the Canadian Broadcasting Corp- oration, probably because of its attitude toward finance as much as anything. Donald Fleming is a minority of one in the federal cabinet, and his financial policies are dictated mainly by the man who beat him out for the Conserv- ative leadership, Prime Minister Diefenbaker. Mr. Diefenbaker is the poli ian with the magic appeal for the voters. Mr. Fleming’s, role is to carr out his leader’s ‘Kless promises to the best of his ability. [ The finance minister! admits candidly that the task frightened his at first. But over two and a half years he has managed the purse strings, he has grown in maturity and confidence. Two recent events, and their sharp contrast with other events in the not-distant-past, illustrate vividly the change in Mr. Flem- ing. For almost the first time in the life of the Conservative been waiting for a year and a half for a pay in- crease. The last boost was negotiated under the Liberal government of Louis St. Laurent, but initialed and formally put into effect by the Conservatives. The Civil Service Commission, a supposedly-independant arbiter acting as agent for the govern- ment in wage and salary mat- ters, had recommended a $50,000,000 increase in salary levels. Mr. Fleming got out his slide rule. He calculated that the figure of $50,000,000 would mushroom into $242,000,000 by the time military and RCMP personnel were included, re- troactivity was considered, and pension funds were looked for. Mr. Fleming, with the surpris- ing support of the cabinet, said “No.” He made no counter-offer, no attempt to mollify the dis- gruntled civil ‘servants. Just “No.” The same abbreviated reply was directed two days later to the anguished demands of the provinces for a greater share of the federal tax dollar. Powerful arguments were thrown up to him at a federal- provincial meeting of finance ministers, notably by the Con- servative provincial governments of Ontario and Manitoba. There were dark forebodings of an in- crease in provincial taxation if Ottawa didn’t contribute more generously. ANOTHER REFUSAL Mr. Fleming listened to them all. And then, with a fine dis- regard of election promises of 1957 and 1958, he checked his bank balance and shook his head. Despite all the blandishments of the provinces, he wouldn’t be moved. The federal refusal was final And the remarkable thing about it was that the provinces accepted his decision, atmost without a murmur. There was “dissatisfaction” and “disap- pointment” expressed. But virtually no harsh words. Mr. Fleming’s answer to all the provincial arguments“ was simple. Pin ‘your faith on’ us, boys, he seemed to be saying; we've got to get the federal budget balanced before we can bargain with anybody. The strategy may been perfect. not. have But at least the THE DEBT LIQUIDATION IN BRITISH Some weeks ago the column “MaeDuff Ottawa Report ” dealt with the monetary theories —and practices — of British Columbia's Social Credit Government. A reader in Vancouver took exception to the critical treatise and sent along a reprint of an editorial that appeared in the Financial Times on the same subject. He asked, in fairness, that we devote some space to this view- point—so here it is. ‘Perhaps the showmanship on the occasion of B.C.’s bond burning last week was extra- yagant but the achievement was real. “When Premier W. A. C. Bennett of British Columbia, in an elaborate ritual, con- signed some $70 million of cancelled bonds to the fire, thus wiping out the balance of the province's direct debt which stood at $191 million seven years ago, he accom- plished something which tax- payers all over Canada wish could be done in the name of their own provinces (and of Ottawa too). But politics creates strange moods. There has been an extraordinary amount of carp- ing; charges of trickery have been raised and fingers pointed at the indirect or contingent debt of the province. The critics have really made hay out of their diapproval of the Bennett claims, although they are on very poor ground in- deed. There is a difference, a very real difference, between direct and contingent debts; between debts the service of which is a direct charge on all govern- ments revenues on the one -hand, and debts which are largely, or wholly, self sustain- ing, occasionally even self amortising, such as the bonds isued by provincial commis- sions and similar government agencies. An indirect provincial debt COLUMBIA is simply one the service of which is guaranteed by the province in the unlikely event that a power commission, etc., would default on its own obli- gations. In times of generally rising government direct debts and the steady growth of interest requirements on such debts, one would have thought that B.C.'s achievement would be greeted with serious interest. However, the fact that it was done by a government that happens to label itself “Social Credit” was enough to bring out venom and ridicule. It is said that substantial sales taxes were needed to re- tire the debt. But at least these taxes did have this re- sult. We note very high sales taxes in other provinces (and in Ottawa) without any evid- ence that a similar result is even contemplated. This is one instance where emulation rather than carping is defin- itely in order. Nature’s scrapbook Weed destroyers An important function per- formed by many species of small birds is that of control- ling the spread of noxious weeds. From early autumn until spring many kinds of birds live chiefly on weed seeds. The seeds of many common and harmful weeds were brought from Europe, mixed with the seeds of grain and vegetables. The weeds have spread over the whole of Canada, and no matter how carefully the far- mer cultivates his fields, they are waiting to spring up and kill out the useful plants. Not only do the birds eat the seeds which remain on the plants, but they scratch away the snow to reach those that have fallen to the ground. premiers and treasurers left the capital with a feverent hope that Mr. Fleming will be successful in balancing his own books next year. ‘When you consider that not a penny of federal money was given away, and yet no one walked out of the conference, iv must be chalked up as a victory for Mr. Fleming. It’s taken a while, but he seems to have a firm grip on his job. CAPITAL HILL CAPSULES Mr. Justice Joseph Thorson of the Exchequer Court, an old political hand before he ascend- ed the bench, hasn’t forgotten his past. He startled the recent Bar Association convention in Vancouver by publically critic- izing British Columbia’s new labor~legislation. Mr. Thorson is the same judge who figured in the Malton land expropria- tion case that brought embar- rassment to Conservative whip John Pallett; and arbiter in the long-standing dispute between Newfoundland and Ottawa over RCMP reinforcements. His comments in Vancouver have raised the old question of a judge’s supposed independance of political controversy. The judge's political record; Blected Liberal MP, Winnipeg South Centre, 1926; defeated in 1930; elected for Selkirk, 1935-1940; appointed minister of national was services 1941. He took the presidency of the Exchequer Court next : One Tory MP's forecas Prime Minister Diefenbaker w: announce appointment of 15 more parliamentary secretaries immediately after the Commons reassembles in January. One of the lucky 16 (a $4,000 raise in Day goes with the job) has al- ready been named. He's Wallace —_ Nesbitt, MP for Ontario’s Oxford County, who helps External Minister Howard Green with his current United Nations duties. SPEAKING PARSONALLY BY. REV. A. ANDERSON A newcomer to Williams’ Lake is soon made aware that people here are broadminded . and* tolerant, and there is no place for dogmatism. This is a mood that has much in its favor. It can be an indication of right thinking and right relationships between people of differing views. . But on the other hand, there are good reasons for being sus- Picious of too easy a tolenance or too broad a mind. Someone has aptly said that a person that is| scatterbrained. I am sus Picious of tol erance when it} rests upon i norance. when one knows nothing about Polities. It is easy to tolerate falsehood when one is not aware.of the truth. It is easy to tolerate all religious view- Points when one has no well- informed faith of one’s own. It is easy to tolerate any kind of behavior so long as one never comes in contact with the con- sequences. Toleration can also be a sign of excessive individualism: a means by which we cut our- Selves off from each other, We say in effect, “You mind your business, and I'll mind mine.” And just to be sure that our own behavior isn’t looked at too closely, we at least pretend to be tolerant of the other fellow and his behavior. One more thing that makes People overly tolerant is. that ridiculous philosophy, “Modera- tion in all things.” Of course few people really believe that We should all enjoy moderation an unqua) it means Pite his weaknesses. not be ignorant, or fearful, indecisive about our own victions and behavior, mistake these attitudes healthy broadmindedness.