“COMPANY ISSUES WRIT AGAINST TIMBER JUDGES,” Toronto Star. February 14, 1921. Page 1.
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Spanish River Pulp and Paper Mills, Ltd., Launches Action.
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PROBE IS ADJOURNED
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Commissioners Say It Would Be Improper to Proceed Pending Decision
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A writ was issued at Osgoode Hall to-day by Percy B. Wilson, C. H. Jones, George R. Gray, J. U. Gibson and the Spanish River Pulp and Paper Mills, Ltd. against Hon. Wiliam Renwick Riddell and Hon. Francis Robert Latchford, the commissioners conducting the timber investigation.
The plaintiffs claim is follows:
A declaration that defendants are professing to act as commissioners under Revised Statutes of Ontario, chapter 18, without lawful authority.
A declaration that the defendants are endeavoring to investigate matters relating to the business and of the plaintiffs without Jurisdiction.
A declaration that the subpoenas duces tecum or summons issued by the defendants to the plaintiffs dated 5th February, 1921 are beyond the jurisdiction of the defendants to issue, and are improper and should be set aside.
A declaration that it is beyond the jurisdiction of the defendants and irrelevant to the purpose of the commission to require the individual plaintiffs to attend as witnesses and produce the papers and documents set out, in said subpoenas or summonses.
And for an injunction and such other relief as the plaintiffs are entitled to.
Place of trial, Toronto.
The writ was issued by Col. Thomas Gibson, solicitor to the plaintiffs/
Shirley Denison, K.C.. solicitor for defendants, has entered an appearance. Mr. C. Hile in reference to the writ said:
The company refuses to produce anything (not having passed between the government and the company) in connection with the company's business with the government, and generally "any books, papers or documents in any way relating to the application of September 19, 1919, or to the loan of $5,000,000, or $2,500,000 from Peabody, Houghteling and Co."
Probe Stands Adjourned.
In consequence of the action taken by the Spanish River Pulp and Paper Co. to obtain an injunction against the Riddell-Latchford timber commission, the commissioners have declined to proceed further with any matters in connection with the timber investigation, pending the decision of the courts
At 2:10 to-day, when the probe should have resumed, Judge Riddell made the following statement:
"The statement has been made by counsel or someone in connection with the Spanish River Pulp and Paper Co. whose proceedings we were going on to investigate, that a writ has been placed for an injunction to prevent us from proceeding with the investigation. The injunction so far has failed. We think it would be improper for us to proceed with any part of the investigation so long as there can be any or the slightest doubt of our authority to proceed.
"We shall be relieved of an exceedingly onerous and disagreeable duty, but we accepted it only as a public duty which we did not originate or desire in any way, and we think the wisest course, the most seemly course for us is to decline to go on with any part of the investigation of any kind until such time as we have an authoritative statement by a court of our powers - how far they extend and the proper course for us to pursue. It is for the people of the province of Ontario ultimately to say what shall and shall not be investigated.
May Appoint Other Commissions.
"If the commission which we have does not sufficiently cover the investigation which we intended to make, then other commissions perhaps may be issued to some others and more efficient persons, or further legislation may be made if it is so desired, but as things stand now we decline to proceed with any part of the commission until such time as the matter is thoroughly investigated and threshed out in a court of Justice. We therefore rise sine die.
Justice Latchford: "This statement is made with my entire concurrence."
Justice Riddell: "I ought to say Mr. Scott has acted with perfect professional propriety."
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