THE DAILY PROVINCE MARCH 13, 1908 p. 1 PRACTICALLY A DEAD LETTER NOW IS NATAL ACT ---------------Court To-day Declares that it Is Ineffective Against the Hindus --------------PROVINCE WILL APPEAL -------------Lively Forensic Battle Over the Last Phase of the Late Provincial Act And now the dusky denizens of the coral strand may come into our garden province. Mr. Justice Morrison to-day raised the task bar – or, rather, let it down – in matters of immigration of provincial scope after one of the best of brief forensic battles heard in years with Mr. E. P. Davis as the earnest champion of the imprisoned eighteen Hindus whose sympathetic countrymen crowded about the courtroom door until they heard the welcome close. “As these men are in prison I will not delay giving the view I now hold that this Natal Act is ultra vires. I will later give written, reasons for my decision.” said the court. Mr. A. D. Taylor, K. C., who had ably, but ineffectively, replied on behalf of the Attorney-General to the successful argument of Mr. Davis, gathered up his papers and his defeated authorities and wordless left the court. He later wired the Attorney – General, who is in Victoria, of the result. It is understood that the case will be immediately appealed to the Full Court, and if unsuccessful there will accompany the Japanese case to the Judicial Committee of the Privy Council in June. THE DAILY PROVINCE MARCH 13, 1908 p. 1 Meanwhile the act is practically a dead letter, save in its application to a few stray British Columbia – board immigrants from countries other than China, India and Japan. “The Dominion won’t and we can’t, what’s to be done?” was the reply of Mr. J. F. Garden, M.L.A., to the half dozen questions of his friends as he left the crowded court. Mr. F. C. Wade was an interested auditor. Hit at the Magistrate. Mr. Davis, at the outside, made a striking comment upon the magistrate’s decision. “The imprisoning of these British subjects, many of whom wear the medals of war, is a most serious matter and not unlikely to cause trouble in India. I admit that the magistrate had no discretion as to the fine. It had to be $500 under the act which we attack. But he certainly had a discretionary power as to this punishment, which could be anything up to the twelve months in jail.” TA COUPE? – Are these not after all sentimental reasons? Mr. Davis – I think they go much further than sentiment. “I will not deal with sentiment.” said Mr. Taylor later in reply “as my learned friend has, although I think that much could be said on the other side, and in aid of the Hindus themselves.” The Legal Aspect The rest of the forensic battle was over the legal aspect, the question of the respective provincial and Dominion powers in matters of immigration, and as to when the first became repugnant or inconsistent with the last. Both counsel agreed that when that state was reached the deferral law must prevail. But on that question of conflict they differed from the beginning to the close. There was conflict. There was not. THE DAILY PROVINCE MARCH 13, 1908 p. 1 “The federal legislation on immigration has covered the whole field,” was the strongly urged contention of Mr. Davis, supported by the various sections which he declared formed a code. Reply of the Province “The cover it territorially,” was the reply of Mr. Taylor, “but not specifically, say in four cases which my learned friend has named, the insane, the diseased, the pauper and the convict. “Now the provincial Legislature has not attempted to encourage upon the federal laws in respect to those. But in this it merely adds a fifth class, the illiterate, which I contend it has right to do. “How can this be said to be inconsistent with the federal act? The province undoubtedly has the power to pass immigration laws. That must be admitted under section 93 of the British North America Act.” The Court – So Long as it is not repugnant to Dominion legislation. Mr. Taylor – I agree. But how can this be said to be repugnant when the Dominion has not passed a law related to this fifth class, the illiterates? Then surely the provincial law can stand with the federal. To this seemingly, unanswerable argument Mr. Davis made this confident query and won his case on the instant. “Under the Dominion Act the Dominion officers are bound to pass, as these officers pass these Hindus, all who comply with the deferral laws and regulations. And further, under the act the captain of a vessel shall land those whom the immigration officer has passed. Otherwise the captain is liable to a fine of $40 in each case.” Which Law Should He Obey? “Now,” continued Mr. Davis, “the captain was in this plight. He could be fined $720 if he did not permit the landing of these approved Hindus, where under the Natal Act, if he no more than laid down the gangplank for them to leave THE DAILY PROVINCE MARCH 13, 1908 p. 1 the ship, he was incurring a fine of $500 for assisting in the allege illegal immigration. Which law was he to obey?” MR. Taylor -But we are not here to impose any one against the captain (something) have we adopted this.” The court – But it is what you may do? “But we’re doing it. It would be –(something) if the captain were here complaining.” The Court – But don’t you see the conflict? “I see no conflict whatever, my lord. As I have said, this is a fifth class not dealt with by Federal Legislation with any Dominion statue or regulation.” The Court – But what about the captain?” Mr. Taylor- Surely the province has ………. (Article missing)