1941-01-21 — Page 3

Laval Rapprochement Means Breaching Of "Petain Line"

EVACUATION CASE

(Continued from Page 2)

where Lord Finlay MAYS 15.1 Parlament

may entrust Kreat powers to His Majesty in Coumet, Teeling certain that such pov er: will be reasonably exercised; and, further, on these words of band Atkinson in the same case. "it by to means follows, however, that 1} on the face of a regulation it enjomed or required sestethin to be done which could not 1 any reasonable way and in steut ing the public safety at the de fence on the renim it would not he ultra Vares and word. IN S nut necessary to decide the pre cise pont ON The present META sion, but I deste 1. hold my SITA

telea! will. at

ates.

Does Arise

Here I think

:1

at does al art, and I ask myself whetne.

it is a necessary, o even AGNESA able,

t, und in

the pubhe safety and th ch fence

give

th

radin [

DUVET

to

.

t

ITALIAN SUBMARINE SUNK

An

Italian sub- marine has been sunk by Greek anti-sub- marine defences.

This was announced by the Minister of Marine, quoted by the Athens Radio. Reuter,

King's Counts against his subjec s

unless they obtamed the sanction

of Ministers to resort thereto. I

NAZIS INDICATE MEETING JOB THEY WANT LAVAL TO HAVE

PLACE

SECRET

The place where Hitler and Mussolini

met yes-

(By Reuter's Diplomatic Correspondent)

THE VICHY COMMUNIQUE ANNOUNCING THAT MARSHAL PETAIN AND M. LAVAL HAVE COMPOSED THEIR DIFFERENCES, WOULD SEEM TO BE THE RESULT OF CON-terday has not yet been TINUOUS GERMAN PRESSURE AND PROBA- BLY INDICATES THAT THE "PETAIN LINE” HAS BEEN BREACHED.

If M. Laval, as announced, has been able to clear and allay the "misunderstandings" that led to his summary dismissal and impri- should be slow to hold that Par-sonment just five weeks ago, further German in pressure designed to put him back in the the etearest possible language and Cabinet may be expected.

lament ever conferred such 1 power anless it expressed it

I should never hold that it was given indirectly by ambiguous re- Nothing has been published an qulations made in pursuance of Vichy regarding

any new office Jo M Laval, but Berlin has al

any Act

thestor

51 $

the role

{་ Baton was decided | ready tpped him off as "Foreign thire youry

alter the Minister

in a Flandin Cabinet,” House of Lord had adiudicated | Which ele assumed IS

v. Haluday. That devi Gamay want. him to Me 5- Thesion wa- binding on the Division i signed . hitmi.

al Cum in 1920 and Chester

in Kex

+

| Bateson was decided solely on the Joup-bole leit by Lord Atkinson in his speech in Halliday's cust,

Later Case

in the

Alm: to to torbid any persin team bui any proceedings to recoN AN session of a house a long as a war worker is living me it. main que: tion to be decided whether the occupant is a work man so unployed, and the heat- lation migh have been so ira- cd as to make this a good answer to the applicat on for possers ull, still leaving that question to be

In a later case tried decided by a court of law. the regulation as framed forbids Same year, Newcastle Breweries Ltd. v. The King (1920) 1 KB. the owner of the property acer- to all legal ribunals in regard to 854, it was held that a regulat on or which purported to deprive për- might, This course, lega ly be done by Act of sons whose goods were acquisi- tioned by the Naval or Military Authorities of their right to the Tair market value and to a judi- cial decision at the amount, was ultra vires. Salter J.

the Course of his judgment said: "In Chester v. Bateson it was decided

this

matter.

But

Parliament: but I think this ex- treme disability can be inflicted!

the ony by onset enactment of Legislature iself, and tha s› grave an invasion of the rights of ail subject: was not intended by the Leiislature to be accomplished by a departmental order. It is to be

observed that this regulation not only deprives the subject of his ordinary right to seek just ce

that regulation 2 (a) (2) of these Regulations

invalid, The

is

It is possible that Hitler was waiting for this "reconcillation" before he met Mussolini be cause the role to be assigned to France must have an important Influence on all immediate and future plans of the Axis in the Mediterranean,

mere

It looks as though this theatre of war is entering

and more largely into German cal- culations.

NO CHANGE IN POLICY INVOLVED?

The Petain-Laval meet- ing involves no change in policy, according to well- informed quarters Vichy, reported by Havas Agency.

in

the

judgments in thal case are, in substance, applicable here. That Regulation deprived a class of the Courts of Law, but provides subjects, in certain circumstances, that merely to resort there wih- of the common law right of ac- out the permission of the Min's-

cess to the Courts. This Ragula ter of Munitions first had and tion takes away a right of access

The Agency says: "In well- obtained shall of itself be to a particular Court given in informed quarters it is declared 2 summary offence, and express terms by a recent statute." that the ever growing prestige of rerider the seeker a ter jus- That decision was not tested on Marshal Petain throughout France tica liable to imprisonment and appeal but it was severely criti- | allowed him to take such an fine. I allow that in stress of cised by Greer J. in his judgment | initiative, while in

no way we may rightly be obliged, in Hudson's Bay Co. v MacLay: modifying internal and external as we should be ready to forego "I think the plaintiff's Counsel policies."

It is added that much of our liber y, but I hold was quite right in regarding the that this elemental right of the decision in the Newcastle Brew- Petain, who remains the Head of suzjects of the British Crown can-eries Case as strongly in their France, occupied or free, as well not be thus easily taken from favour. It is, however, a recent

beyond seas, has complete decision of a Judge of Co-ordin- and absolute authority which is ate jurisdiction and is, as I un-recognised by all." Reuter. derstand, under appeal. If and so far as it involves the proposition that the King in Council has not power to issue regulations which country to ac-

war

them."

Reasonable

will enable the

quire its necessary stores at less

•

Extreme Facts

Chester v. Bateson is cited with approval in Fowle v. Monsell but it

1921 90 L.J.K.B. 105

1s

"Marshal

shortly stated in the words of Al- kin J. in Lipton v. Ford, 1917 2

K.B. 647. "All that I have to see

Avery J. puts the position thus: The purpose in view when the regulation was made, namely, o prevent the disturbance of muni- tion workers in their

than current market prices, I re- dwellings, may, without doubt, be said to be gret that I find it impossible to reasonable; and a regulation degree with the decision.” signed to prevent such disturbance, providing that no order for eject- înent should be made except un- der condi tons prescribed, would probably be held to be intra viras the statute; but the objection is clear from the Judgments in which is made to the regulation as it stands is that it deprives the King's subjects of their right of access to the Courts of Justice and renders them liable to punish- It is referred to also in Rex. v. ment if they have the temerity Governor of Wormwood Scrubbs to ask for justice in any of the Prison: ex parte Foy (1920) 84 King's Courts. In my opinion J.P. 04, a case of the internment there is not to be found in the of a British subject without triál Restrictions) Regulations. 1940, tatute anything to authorise or after the armistice but before the are in my opinion not 'ultra vires just fy a regulation having that date of the official termination of and this action therefore fails. result, and nothing less than ex- the war. There Avery J. said: "I There must be judgment for the press words in the s-atute taking wish only to add that Chester v: defendants, and the Interim in- away the right of the King's sub- Bateson is an illustration of the junction granted by me on 13h jects of access to the Courts of way in which this Court jealously December and extended on 8th Justice would authorise or justify guards its power and authority to January until the trial of the ac-

interfere in any case in which the tion is discharged. Executive has exceeded the pow- In view of the conclusion to ers conferred on it by statufo: To which I have come I must make make the decision in the case ana-] an order for costs, but,: following logous to the present, it would McCardle J. in Shulter v Rolfe have to be said that the regula-| (1920) 36, T.LR, 828, I desiro' to tion which is now in question for- | say that in view of the great pub- bade any person to apply to this lie importance of these proceed- court for a writ of Habeas Corpus, ings, their importance both to the where as it does nothing of the subject and to the State, I think that the Crown ought not to "en- force the costs.

is whether the regulation is one that is reasonably capable of be- ing a regulation for securing the public safety and the defence of the realm. If it is I do not think the Court is entitled to question the discretion of the Executive to whom Parliament has entrusted powers in such wide terms."

that case

Not Ultra Vires that the decision in Chaster's case

was held to be To that question, giving the justified only by the extreme and words of the Regulations their, peculiar facts of the case.

plain" and ordinary meaning, and having due regard to the term of the affidavit of Mr. N. L. Smithy there can in my judgment be only one answer. The Defence (Entry

it.

Wide And Sweeping Sankey Jadda:. It is true that the power to make a regulation to prevent the successful proseau- tion of the war being endangered is of a wide and sweeping char acter, but I decline to hold that Parliament intended by these gen- oral words to give thế Executive kind; the right to close any of the

The task before me can be very

POLISH SUBMARINE REPLACED

A NEW SUBMARINE NAMED "SEKEL" TO REPLACE. THE FAMOUS POLISH SUDMARINE "ORZEL" HAS BEEN LAUNCH- "SOMEWHERE IN THE

ED NORTH."

it

General Sikorski. taking over, advised the Polish sailors to emulate the virtues of the British sailor

The "Orzel" Lescaped from Gdynia and reached Britain after a month of hairbreath escapes and was later "presumed lost." --- Reuter,

ter.

revealed, but an official statement confirming the conference, said: "Full agreement was reached after

of an exchange views on the situation."

The meeting was held in the presence of Count Ciano and von Ribbentrop and is stated to have been conducted "in a spirit of cor- dial

both friendship" between Government chiefs, and closer mi- tary ties between Germany and Italy will be enacted.

Rome has issued no communi que regarding the meeting.-Reu-

Le

COMMONS! DEBATE

A scheme for the efficient dis- charge of ships and the lessening uf delays at docks is expected to be announced in the Commons by Mr. Ernest Bevin, Minister of Labour, when he speaks in the manpower and production debate on plans for dealing wth labour problems at docks.

The scheme will enable the Minister to meet the criticisms of delays and congestion of vital goods without resort to compul- sory powers which will be used only as the last resort."— Reuter.

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