A thank you to Trevor Anderson, Alvin Esau, DeLloyd Guth, Roland Penner, Kurt Korneski, and the others at the Faculty of Law, University of Manitoba for their comments and suggestions during a colloquium during which I presented an earlier version of this paper. Also, thanks to Reinhold Kramer, Jim Naylor, and the anonymous readers of Labour/Le Travail for their contributions to the paper.
Notes
1 The quotation is from a statement made in the House of Commons by J.S. Woodsworth in 1926. Debates House of Commons (hereafter Debates), Vol. I, (Ottawa 1926), 423–424.
2 As quoted in Arthur Koestler, Darkness at Noon (Hammondsworth 1964), 135.
3 O.D. Skelton, "Current Events — The Western Strikes," Queen's Quarterly, 26 (July-September 1919), 127. For an international assessment of the post-war crisis see The Right Hon. Arthur Henderson, "The Industrial Unrest: A New Policy Required," The Contemporary Review, 115 (April 1919), 361–368.
4 In one of his formulations of the state, Antonio Gramsci comments: "The historical unity of the ruling classes is realized in the State, and their history is essentially the history of states and of groups of states. But it would be wrong to think that this unity is simply juridical and political (though such forms of unity do have their importance too, and not in a purely formal sense); the fundamental historical unity, concretely, results from the organic relations between State or political society and civil society." Antonio Gramsci, Selections from the Prison Notebooks. Quintin Hoare and Geoffrey Nowell Smith, eds. and trans., (New York 1971), 52. For a thorough account of Gramsci and the state see Perry Anderson, "The Antinomies of Antonio Gramsci," New Left Review, 100 (November–December 1976), 5–78.
5 In addition to correspondence from A.J. Andrews cited below, the Department of Justice received correspondence from Edward Anderson, G.W. Allen, A. K. Godfrey, John E. Botterell, and A. L. Crossin. National Archives of Canada, Department of Justice, RG13, Access 87–88/103: A-1688, Pocket # 2 and later, NAC, Justice, RG13, Access, Pocket #2, G.W. Allen to Arthur Meighen, 9 July 1919; A.K. Godfrey to Arthur Meighen, 9 July 1919; John E. Botterell to Arthur Meighen, 10 July 1919; E. Anderson to Arthur Meighen, 15 July 1919; E. Anderson to Arthur Meighen, 16 July 1919; A. L. Crossin to Arthur Meighen, 14 July 1919; and A. L. Crossin to Arthur Meighen, 16 July 1919.
6 On the decision to proceed against these men under the Criminal Code rather than the Immigration Act see Tom Mitchell and James Naylor, "The Prairies: In the Eye of the Storm," in Craig Heron, ed., The Workers' Revolt in Canada, 1917–25 (Toronto 1998), 209–11. On the proceedings see Desmond H. Brown, "The Craftsmanship of Bias: Sedition and the Winnipeg General Strike," Manitoba Law Journal, 14 (Fall 1984), 1–33; and Tom Mitchell, "Repressive Measures: The Committee of 1000's Campaign Against Radicalism After the Winnipeg General Strike," Left History, 3 & 4 (Fall 1995–Spring 1996), 133–67. Other proceedings involved Michael Chartinoff, Samuel Blumenberg, Oscar Schoppelrie, and Moses Alamazoff, who were also arrested 17 June, but their cases were dealt with under provisions of the recently amended Immigration Act. For an account of the immigration proceedings against Chartinoff, Blumenberg, Schoppelrie, and Alamazoff see Donald Avery, "The Radical Alien and the Winnipeg General Strike," in Carl Berger and Ramsay Cook, eds., The West and the Nation: Essays in Honour of W.L. Morton (Toronto 1976), 209–31. Fred Dixon and J.S. Woodsworth were arrested at the conclusion of the strike. Both were charged with seditious libel. Prosecuted by the provincial Attorney General, Dixon defended himself and was acquitted. Failing to gain a conviction in the Dixon case, the province dropped the case against Woodsworth. On the Dixon case see Dixon's Address to the Jury: An Argument for Liberty of Opinion (Winnipeg 1920); and Judge Galt's Charge to the Jury in Rex v. Dixon (Winnipeg 1920).
7 See Dominion of Canada, Sessional Papers, 1921 (hereafter Sessional Papers), Volume 1, Part 3, Sessional Paper No. 1, (Ottawa 1921), Auditor General's Report, Part ZZ, War Appropriation Act: Expenditures, Justice Department, ZZ 13; and Sessional Papers, 1922, Volume 1, Part 2, Sessional Paper No. 1, (Ottawa 1921), Auditor General's Report, Part L, Justice Department, Demobilization: Summary: Expenditures, L 45–46.
8 For the request see NAC, Justice, Access, RG13, Pocket #1, Clerk, Public Accounts Committee to Mr. Newcombe, Deputy Minister of Justice, 21 April 1921. Duncan Campbell Ross was elected as a Liberal in the 1909 election for Middlesex West, an Ontario seat. He remained a Laurier Liberal from 1917 to 1921. He was defeated in the 1921 election. http://www.parl.gc.ca/information/about/people/House
9Debates, Vol. CLII, 1922, 1182.
10 E.J. McMurray was a Winnipeg lawyer. Born in Ontario, he came west to teach public school. After a spell teaching, he studied law and was called to the Manitoba Bar in 1906. In 1912, McMurray was a member of only one club: the International Order of Odd Fellows (IOOF); his principal recreation was bowling. He was a very active member of the federal Liberal Party. Elected in the 1921 election as the member for Winnipeg North, he served until his defeat in the general election of 1925. See Edward James McMurray in C.W. Parker, ed., Who's Who and Why – A Biographical Dictionary of men and women of Western Canada Vol. 3 (Vancouver 1913), 559. For political details see http://www.parl.gc.ca/information/about/people/HouseSessional Papers, 1922, Volume 5 (Ottawa 1922), 16.
11 On 9 January 1923, Thomas Mackay, Under-Secretary of State, wrote to The Deputy Minister of Justice to remind him of the request for documents made in April 1922. Mackay acknowledged that Justice might not be able to provide the documents requested. Still, he wanted a response of some kind from the Department . NAC, Justice, RG13, Access, Pocket #1. Under Secretary of State to Mr. Newcombe, Deputy Minister of Justice, 23 January 1923.
12Debates, Vol. I, 1926, 423–424. For a detailed account of Meighen's attitude to this legal adventure see Tom Mitchell, "Repressive Measures," 133–167.
13Debates, Vol. IV, 1926, 4014. Heaps had been charged with seditious conspiracy with the others. Unlike the others, he was found innocent of the charge.
14 For Heron's account see Craig Heron, "National Contours: Solidarity and Fragmentation," and his "Conclusion," in Craig Heron, ed., The Workers' Revolt, 268–304, and 305–313. In "Repressive Measures" Mitchell provides a general account of the campaign against labour radicalism mounted by the Citizens' Committee of 1000 after the suppression of the strike.
15 This body of work includes Norman Penner, ed., Winnipeg 1919 – The Strikers' Own History of the Winnipeg General Strike (Toronto 1973); D.C. Masters, The Winnipeg General Strike (1950; Toronto 1973); Kenneth McNaught and David J. Bercuson, The Winnipeg General Strike: 1919 (Don Mills 1974); David Jay Bercuson, Confrontation in Winnipeg: Labour, Industrial Relations, and the General Strike (Montréal 1974); and, J.M. Bumsted, The Winnipeg General Strike of 1919: An Illustrated History (Winnipeg 1994).
16 Accounts of the 1919 sedition trials include Kenneth McNaught, "Political Trials and the Canadian Political Tradition," in Martin Friedland, ed., Courts and Trials: A Multidisciplinary Approach (Toronto 1975); M. L. Friedland, National Security: The Legal Dimensions (Ottawa 1979); P.R. Lederman, "Sedition in Winnipeg: An Examination of the Trials for Seditious Conspiracy Arising from the General Strike of 1919," Queen's Law Journal, 3 (Winter 1976–77); Brown, "The Craftsmanship of Bias"; F. Murray Greenwood, "The Drafting and Passage of the War Measures Act in 1914 and 1927: Object Lessons in the Need for Vigilance," in W. Wesley Pue and Barry Wright, eds., Canadian Perspectives on Law and Society: Issues in Legal History (Ottawa 1988); and Tom Mitchell, "Repressive Measures."
17 The following totals were arrived at by adding the sums reported in the Auditor General's Reports for 1921 and 1922: Alfred J. Andrews received $37,773; Isaac Pitblado was paid $27,290; J.C. Coyne received $28,996, while Travers Sweatman was paid $23, 537.50. For the raw data see War Appropriation Act: Expenditures, Justice Department, ZZ 13; and Sessional Papers, 1922, Volume 1, Part 2, Sessional Paper No. 1, Auditor General's Report, Part L, Justice Department, Demobilization: Summary: Expenditures, L 45–46.
18 The McDonald Detective Agency was established in 1909. The President and General Manager was Colin A. McDonald. The agency remained in existence until the 1950s. The McDonald Detective Agency was one of a number of such agencies that did business in Winnipeg during the years 1900–1950. Others (for varying lengths of time) were the General, Colonial, Thomas, Pinkertons, Ross, Thiel, and Chatterson. Personal e-mail note from Constable John Burchill, Winnipeg Police Department, 6 January 2003.
19Toronto Daily Star, 27 June 1919.
20Winnipeg Tribune, 17 July 1948.
21 Roy St. George Stubbs, Prairie Portraits (Toronto 1954), 54. The biographical detail above was taken from the Provincial Archives of Manitoba (hereafter) PAM, Western Canadian Legal History (hereafter WCLH), Biographical File (hereafter BF), A. J. Andrews.
22 Archives and Special Collection, University of Manitoba, Gerald Friesen fonds (unprocessed), Biographical Files, Isaac Pitblado, Travers Sweatman, J.B. Coyne.
23 D.C. Masters, The Winnipeg General Strike, 64.
24 On this theme see Kenneth McNaught, "Political Trials," and the introduction and various chapters of F. Murray Greenwood and Barry Wright, eds., Canadian State Trials – Law, Politics, and Security Measures, 1608–1837 (Toronto 1996).
25 For the parallels see Desmond H. Brown, "The Craftsmanship of Bias," 21–23.
26Address of the President, Proceedings of the Fourth Annual Meeting of the Canadian Bar Association (Winnipeg 1920), 85.
27 See, for example, Gramsci's formulation: "men acquire knowledge of their social position and therefore of their tasks on the terrain of ideologies." Il materialismo storico e la filosofia di Benedetto Croce, Vol I, Quaderni del carcere (Turin 1948), 250, as quoted in Joseph V. Femia, "Gramsci's Patrimony," British Journal of Political Science, 13 (July 1983), 336–337, n39. Though manifest in the ideological fashions of 1919, the contest between Winnipeg's working-class militants and the Citizens' Committee of 1000 was rooted in the material world of production which constitutes the "active and propulsive force" of history. Antonio Gramsci, Notes From the Prison Notebooks, 466.
28 See Wesley Pue, Lawyers and the Constitution of Political Society: Containing Radicalism and maintaining Order in Prairie Canada, 1900–1930. Working Paper 93–4, Canadian Legal History Project, University of Manitoba.
29 W. Wesley Pue, "A Profession in Defence of Capital?" Canadian Journal of Law & Society/Revue Canadienne Droit Et Société, 7 (Fall 1992), 269.
30 "Address of Henry R. Rathbone," Canadian Law Journal, 55 (1919), 168–175, as quoted in Wesley Pue, Lawyers and the Constitution of Political Society, 15.
31 On the Industrial Workers of the World see Melvyn Dubofsky, We Shall Be All: A History of the Industrial Workers of the World (1969; Urbana 1988) and William Preston Jr., Aliens and Dissenters: Federal Suppression of Radicals, 1903–1933 (1963; Urbana 1994). The historiography of state repression of labour radicalism in the United States at the end of World War I also includes Robert K. Murray, Red Scare: A Study in National Hysteria, 1919–1920 (Minneapolis 1955); Murray B. Levin, Political Hysteria in America: The Democratic Capacity for Repression, (New York 1971); Robert J. Goldstien, Political Repression in Modern America from 1870 to the Present (Boston 1978); Julian F. Jaffe, Crusade Against Radicalism: New York During the Red Scare, 1914–1924 (Port Washington, NY 1972); Michael J. Heale, American Anticommunism: Combating the Enemy Within, 1830–1970 (Baltimore 1990); Joel Kovel, Red Hunting in the Promised Land: Anticommunism and the Making of America (New York 1994). Murray, Levin, and Jaffe offer accounts framed in the notion of repression as a form of hysteria growing out of the post-war crisis. Goldstein, Heale, and Kovel present state repression as a logical, albeit ideological response to a perceived threat to the social order. This account of the American literature is drawn from Todd J. Pfannestiel, "Rethinking the Red Scare: The Lusk Committee and New York State's Fight Against Radicalism, 1919–1923," PhD Thesis, College of William and Mary, 2001, 8–50.
32 J.M. Bumsted, The Winnipeg General Strike of 1919, 88.
33 Citizens' Committee of One Thousand, The Activities and Organization of The Citizens' Committee of One Thousand in connection with The Winnipeg Strike (Winnipeg 1919 ), 37.
34The Winnipeg Citizen, 22 May 1919.
35 On the origin and membership of the Citizens' Committee of 1000 see W.L. Morton, Manitoba: A History (Toronto 1957), 368. On its membership see D.C. Masters, The Winnipeg General Strike, 64–65.
36Debates, Vol. CLII, 1922, 1069. In a letter dated 26 May 1919, Meighen asked Andrews to monitor the activities of the strike leadership to determine whether they were engaging in sedition or treason. NAC, Justice, RG13, Access, Pocket #1, Arthur Meighen to A.J. Andrews, 26 May 1919.
37 Arthur Meighen was an Ontario native. After attending the University of Toronto, he went west to Winnipeg to study law. Never a member of the Winnipeg legal elite, he left Winnipeg in 1902 to practice law in Portage la Prairie. He was called to the bar in 1903. Elected to the House of Commons in 1908, Borden appointed him Solicitor general in 1913. Appointed Minister of the Interior in 1917, he became acting Minister of Justice when C.J. Doherty joined Borden at the Paris Peace Conference in the fall of 1918. In 1919, Meighen was forty-five years old. W. Stewart Wallace, ed., The Macmillan Dictionary of Canadian Biography (Toronto 1978), 569. The standard account of Meighen's role in the 1919 crisis is contained in Roger Graham, Arthur Meighen – A Biography, Volume I, The Door of Opportunity (Toronto 1960), 229–244.
38 For an account of these events see Tom Mitchell and James Naylor, "The Prairies: In the Eye of the Storm," in Craig Heron, ed., The Workers' Revolt, 176–231.
39 Andrews had not conveyed his intentions to Meighen. After the arrests, both their legality and the action to follow seemed uncertain. See the series of telegrams, NAC, Justice, RG13, Access, Pocket #2, J.A. Calder to Senator Robertson, 16 June 1919; NAC, Justice, RG13, Access, Pocket #1, Meighen for Andrews, 17 June 1919; Andrews to Meighen (2 telegrams), 17 June 1919; Meighen to Andrews, 18 June 1919; Meighen to Andrews 18 June 1919.
40 NAC, Justice, RG13, Access, Pocket #2, A.J. Andrews to Arthur Meighen, 2 July 1919. See as well, NAC, Justice, RG13, Access, Pocket #2, Andrews to Meighen, 18 June 1919.
41 Norman Penner, ed., The Strikers' Own History, 165.
42 On the Norris government's role in the Strike see W.L. Morton, Manitoba: A history, 368.
43 NAC, Justice, RG13, Access, Pocket #2, A.J. Andrews to Meighen, 2 July 1919.
44 Gramsci quotes from Mussolini's The Doctrine of Fascism, 1932 "The fascist State has its own consciousness, its own will, and for that reason is called an 'ethical' State. In 1929 ... I said 'For fascism the State is not the night-watchman ... it is a spiritual and moral fact ... it educates the citizens' to civil virtue'...." Antonio Gramsci, Selections from the Prison Notebooks, 258, n. 40.
45 Doug Owram, The Government Generation: Canadian Intellectuals and the State, 1900–1945 (Toronto 1986), 35.
46Statutes of Canada, 1919, Vols I–II, P.C. 702, 2 April 1919, p. lxxx.
47Fort Frances Pulp and Paper Co. v. Manitoba Free Press Co., (1923), [1923] A.C. 695 (P.C.), 6. http://www.dessus.com/TaxInfo/Cases/fortfrancis.html
48Fort Frances Pulp and Paper Co. v. Manitoba Free Press Co., (1923), [1923] A.C. 695 (P.C.), 6. http://www.dessus.com/TaxInfo/Cases/fortfrancis.html
49 On this theme see Gregory S. Kealey, "State Repression of Labour and the Left in Canada, 1914–1920: The Impact of the First World War," Canadian Historical Review, 73 (September 1992), 281–314; Gregory S. Kealey, "The Surveillance State: The Origins of Domestic Intelligence and Counter-Subversion in Canada, 1914–1921," Intelligence and National Security, 7 (1992), 184–91; Gregory S. Kealey and Andrew Parnaby, "War on two fronts: in the Great War, the Canadian state found itself fighting on two fronts ...," Beaver, 81 (August-September 2001), 8–15, and Judy Fudge and Eric Tucker, "Pluralism or Fragmentation? The Twentieth-Century Employment Law Regime in Canada,"Labour/Le Travail, 46 (Fall 2000), 251–306. Gramsci refers to the "interventionist" state that will take "the offensive ... against the oppositionists and organize permanently the 'impossibility' of internal disintegration...." Antonio Gramsci, Selections from the Prison Notebooks, 238–239.
50 Robert Laird Borden, Robert Laird Borden: His Memoirs, Vol. II (Toronto 1969), 220. On the theme of labour and the state after the war see James Naylor, "Workers and the State: Experiments in Corporatism After World War One," Studies in Political Economy, 42 (Autumn 1993), 95–96.
51 Douglas Owram, The Government Generation, 80.
52 Chad Reimer, "War, Nationhood and Working-Class Entitlement: The Counter-hegemonic Challenge of the 1919 Winnipeg General Strike," Prairie Forum, 18 (Fall 1993), 219.
53Winnipeg Free Press, 10 July 1919, 5.
54 NAC, Justice, RG13, Access, Pocket # 2, A.J. Andrews to Arthur Meighen, 12 July 1919.
55 NAC, Justice, RG13, Access, Pocket #2, Arthur Meighen to A.J. Andrews, 14 July 1919 and 17 July 1919.
56 NAC, Justice, RG13, Access, Pocket #2, A.J. Andrews to Arthur Meighen, 12 July 1919.
57 The Citizens' Committee of 1000, The Activities and Organization of the Citizens' Committee of One Thousand in Connection with The Winnipeg General Strike, 19.
58 Peter Burns, "Private Prosecutions in Canada: The Law and a Proposal for Change," McGill Law Journal, 21 (Winter 1975), 271.
59 NAC, Justice, RG13, Access, Pocket #2, A.J. Andrews to Arthur Meighen, 18 July 1919.
60 For both quotes, see Douglas Hay, "Controlling the English Prosecutor," Osgoode Hall Law Journal, 21 (June 1983), 166–167.
61 NAC, Justice, RG13, Access, Pocket #2, Arthur Meighen to N.W. Rowell, 27 May l919.
62 NAC, Justice, RG13, Access, Pocket #2, Arthur Meighen to A.J. Andrews, 17 July 1919.
63 NAC, Justice, RG13, Access, Pocket #2, Arthur Meighen to A.L. Crossin, 21 July 1919.
64 "Hon. Charles Joseph Doherty," in Henry James Morgan, ed., The Canadian Men and Women of The Time: A Hand-book of Canadian Biography 1st edition (Toronto 1898), 275–276. Robert Craig Brown and Ramsay Cook, A Nation Transformed: Canada 1896–1921 (Toronto 1974), 191.
65 Kenneth McNaught and David J. Bercuson, The Winnipeg General Strike, 81.
66 Robert Craig Brown, Robert Laird Borden – A Biography, Volume II (Toronto 1980), 179.
67 NAC, Justice, RG13, Access, Pocket # 1, A.J. Andrews to Honourable C.J. Doherty, Esq., 21 May 1920.
68Revised Statutes of Canada, 1906 Vol. III, (Ottawa 1906), Chapter 146, An Act respecting the Criminal Law, Sec 2(2), 2419.
69Canada (Attorney General) v. Canadian National Transportation Ltd. [1983] 2 S.C.R. 206, File No: 16998, p. 13.
70 See The Revised Statutes of Manitoba Vol. 1, (Winnipeg 1892), Chapter 9, An Act Respecting the Department of the Attorney General. For the quotation from the Crown Attorney's Act see The Revised Statutes of Manitoba, Vol. I, (Winnipeg 1892), Sec. 5 (g), Chapter 38, An Act Respecting Crown Attorney's, 460 .
71The Revised Statutes of Manitoba, Vol. I, ( Winnipeg 1892), Sec. 5 (g), Chapter 38, An Act Respecting Crown Attorney's, 460.
72Revised Statutes of Canada, 1927, (Ottawa 1927), Sec. 873 (5–6) Part XIX, Chapter 146, An Act respecting the Criminal Law, Sec 2(2), 948.
73Revised Statutes of Canada, 1927, (Ottawa 1927)Sec. 962 Part XIX, Chapter 146, An Act respecting the Criminal Law, Sec 2(2), 970.
74 Dixon also asked, "Is Hugh Phillipps, K.C., representing His majesty in the case of The King vs. F.J. Dixon, by virtue of being retained or instructed by the Attorney-General of Manitoba?" He was told "Yes." In response to his inquiry concerning the method by which Phillipps had been appointed, he was told, "The same as in all cases where the Department retains counsel, namely, by the Attorney-General without any Order-in-Council." For the exchange see Journals of the Legislative Assembly of Manitoba, (Winnipeg 1920), 69–70. The provincial Attorney General prosecuted Dixon for seditious libel. His trial ran from late January to 16 February 1920 when he was acquitted. On the Dixon case see Harry Gutkin & Mildred Gutkin, Profiles in Dissent (Edmonton 1997), 36–43. Dixon's Address to the Jury and Judge Galt's Charge to the Jury in Rex v. Dixon (Winnipeg 1920). In May 1920 similar questions were put to Justice Minister Doherty in the House of Commons. He confirmed that "the Dominion Government [was] represented by counsel" at the sedition trials and that the Dominion government had "retained" counsel for the trial. For the full exchange with Ernest Lapointe see Debates, Vol. CXLIII, 2181.
75 PAM, WCLH, BF, A.J. Andrews. A note in Andrews' file states "Found his wife in bed with Judge Metcalfe – who knocked Andrews down stairs."
76 See Winnipeg Free Press, 4 April 1922; Winnipeg Tribune, 5 April 1922; PAM, WCLH, BF, T. L. Metcalfe.
77 PAM, GR 950, Attorney General's Records, Central Registry, King vs Russell (1919).
78 Desmond H. Brown, "The Craftsmanship of Bias," 1–33.
79 Fred Kaufman, "The Role of the Private Prosecutor: A Critical Analysis of the Complainant's Position in Criminal Cases," McGill Law Journal, 7 (June 1960), 102. Kaufman based his comments on Tremeear's Annotated Criminal Code of Canada, 4th ed. (1944), p. 1.
80 Peter Burns notes that in a private prosecution "The actual prosecutor, of course, will be the individual member of such group who lays the information." The individual in this case was A.J. Andrews. For the quote see Peter Burns, "Private Prosecutions in Canada," n3, 269.
81 Baron Patrick Devlin, The Criminal Prosecution in England (New Haven 1958), 20–21, as quoted in Fred Kaufmann, "The Role of the Private Prosecutor," 110.
82 As quoted in Douglas Hay, "Controlling the English Prosecutor," 166.
83 Clare Pentland, "Fifty Years After," Canadian Dimension, 6 (July 1969), 14.
84Royal Commission to Enquire into and Report Upon the Causes and Effects of the General Strike Which Recently Existed in the City of Winnipeg for a Period of Six Weeks, Including the Methods of Calling and Carrying on Such Strike (hereafter Robson Commission), H.A. Robson, K.C. Commissioner (Winnipeg 1919), 13.
85 Judge Robson did not agree. In his report he noted that "Whether or not, the facts in question will be elements in the prosecution seems to the undersigned not to affect or necessitate any further delay in this report, as the undersigned finds that the general widespread Strike was the result of the determination to support by mass action the demand for the type of collective bargaining in question." Robson Commission, 13.
86 For an account of other activities of the Citizens' Committee see, Tom Mitchell, "Repressive Measures."
87 At the end of August, F.M. Burdidge submitted additional accounts associated with the sedition cases for expenses associated with bringing witnesses to Winnipeg, presenting warrants, and opening safes. Burbidge explained to W.S. Edwards, Assistant Deputy Minister of Justice, that Colonel Starnes of the RNWMP "has no money available." Burbidge wondered whether, "without interfering with the payment of our account, ... it be possible to let us have an advance of $500.00 to $1000.00." NAC, Justice, RG13, Access, Pocket #1, F.M. Burbidge to W. Stuart Edwards, 28 August 1919.
88 NAC, Justice, RG13, Access, Pocket #2, A.J. Andrews to Arthur Meighen, 17 June 1919.
89 NAC, Justice, RG13, Access, Pocket #1, The Government of the Dominion of Canada in Account with I. Pitblado, Winnipeg, 13 August 1919.
90 NAC, Justice, RG13, Access, Pocket #1, The Government of the Dominion of Canada in Account with Travers Sweatman, Winnipeg, 14 August 1919.
91 NAC, Justice, RG13, Access, Pocket #1, The Government of the Dominion of Canada in Account with J.B. Coyne, K.C., Winnipeg, 14 August 1919.
92 NAC, Justice, RG13, Access, Pocket #1, The Department of Justice in Account with Andrews, Andrews & Company, Winnipeg, 16 August 1919.
93 NAC, Justice, RG13, Access, Pocket #1, Angus A. McLean, Comptroller, Royal North West Mounted Police, to The Deputy Minister, Department of Justice, 8 August 1919.
94 NAC, Justice, RG13, Access, Pocket #1, W. Stuart Edwards to The Comptroller, Royal North West Mounted Police, 3 September 1919.
95 NAC, Justice, RG13, Access, Pocket #1, W. Stuart Edwards to The Comptroller, Royal North West Mounted Police, 8 September 1919.
96 NAC, Justice, RG13, Access, Pocket #1, Angus L. McLean, Comptroller, Royal North West Mounted Police, to W. Stuart Edwards, Assistant Deputy Minister of Justice, 9 September 1919.
97 NAC, Justice, RG13, Access, Pocket #1, Alfred J. Andrews to W. Stuart Edwards, 15 September 1919.
98 NAC, Justice, RG13, Access, Pocket #1, W. Stuart Edwards to Alfred J. Andrews, 19 September 1919.
99 NAC, Justice, RG13, Access, Pocket #1, W. Stuart Edwards to the Minister of Justice Re. Winnipeg Strike, 19 September 1919.
100 NAC, RG2, Volume 1233, PC 2106, 10 October 1919.
101 Statutes of Canada, 1919 (Ottawa 1919), 121.
102Debates, Vol. CXXXVI, III, 1919 (Ottawa 1919), 2173.
103Debates, Vol. CXXXVI, III, 1919 (Ottawa 1919), 2172.
104Debates, Vol. CXXXVI, III, 1919 (Ottawa 1919), 2244.
105 NAC, Justice, RG13, Access, Pocket #1, E.D. Sutherland, Auditor General to E.L. Newcombe, Deputy Minister of Justice, 3 February 1920.
106 See NAC, Justice, RG13, Access, Pocket #1, E.L. Newcombe to E.D. Sutherland, Auditor General, 6 February 1920.
107Statutes of Canada 1919 (Ottawa 1919), 121.
108 After 1977, the Auditor General's role was expanded to include the broader mandate of how the government administered its business. The authority of the Auditor General did not extend to these matters in 1919. See archival description of the Office of the Auditor General Fonds, R711-36-9-E (Series), NAC.
109 Jonathan Swainger, The Canadian Department of Justice and the Completion of Confederation, 1867–1878 (Vancouver 2000).
110 NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to Hon. C.J. Doherty K.C., 6 October 1919; and W. Stuart Edwards to A.J. Andrews K.C., 10 October 1919.
111 To recapitulate, the amounts for specific individuals were as follows: Andrews ($10,146), Isaac Pitblado ($4,500), J. B. Coyne ($3,900), Travis Sweatman ( $3,337.50), E.K. Williams ($2,325) and W.W. Richardson ($2,500) see NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to Hon. C.J. Doherty K.C., 6 October 1919; and W. Stuart Edwards to Andrews, Andrews, Burbidge & Bastedo, 16 October 1919.
112 NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to Hon. C.J. Doherty K.C., 6 October 1919; and W. Stuart Edwards to A.J. Andrews K.C., 20 October 1919.
113 NAC, RG2, Volume 1235, PC 2244, 6 November 1919.
114 NAC, RG2, Volume 1235, PC 239, 31 January 1920.
115 NAC, Justice, RG13, Access, Pocket #1, Invoice, McDonald Detective Agency, Limited, to A.J. Andrews, Esq., K.C., 5 January 1920.
116 Dale Brawn, "Alexander Casimir Galt," unpublished typescript.
117 NAC, RG18, Vol. 3314, File #HV-1, Supt. C. Starnes to the Commissioner of the Royal North West Mounted Police, 5 November 1919. A bill from the McDonald Detective Agency submitted to the Justice Department by A. J. Andrews on 5 January 1920 indicates that the Agency was also employed in the jury investigation. See NAC, Justice, RG13, Access, Pocket #1, Invoice, McDonald Detective Agency, 5 January 1920.
NAC, RG18, Vol. 3314, File #HV-1, Supt. C. Starnes to the Commissioner of the Royal North West Mounted Police, 5 November 1919. If the use of the RNWMP was a routine procedure in such investigations, it is unlikely that Starnes would have reported it to the Commissioner complete with a copy of the questionnaire above.
118The Revised Statutes of Canada, 1927, Vol. I (Ottawa 1927), Sec. 180 (b) (d), 720.
119Statutes of Manitoba, Consolidated Amendments (Winnipeg 1924) Sec. 48, Chapter 108, 798.
120 See the definition of "natural justice" in Dictionary of Law, Oxford University Press. http:/w2.xrefer.com/entry/466375
121 NAC, Justice, RG13, Access, Pocket #1, Royal North West Mounted Police Report, Re. Wm. Ivens et al.– Seditious Conspiracy, 27 January 1920.
122 J. S. Walker Q.C., "The Winnipeg General Strike Trials," Unpublished Manuscript, 284. In 1997, the Supreme Court of Canada dealt with the appeal of Robert Latimer for a new trial. His appeal was based in part on the conduct of the Crown and the RCMP during his original trial in 1993. At that time, trial counsel for the Crown and an RCMP officer prepared a list of questions concerning the views of prospective jurors on issues related to religion, abortion, and euthanasia. The questions were used by RCMP officers to interview 30 of 198 prospective jurors. In a judgment written by the Chief Justice, the Supreme Court found the actions of Crown counsel in interfering with prospective jurors to be "nothing short of a flagrant abuse of process and interference with the administration of justice." Because of the interference with the jury, a new trial was ordered. S. C. R. R. vs. Latimer 1997, http://www.Lexum.umontreal.ca/csc-scc/en/pub/1997/vol1/html/1997scr1_0217.html
123 J. S. Walker Q.C., " The Winnipeg General Strike Trials," 285.
124 Christopher Granger, Judge Louise Charron, Paul Chumak, Canadian Criminal Jury Trials (Toronto 1989), 157, n16.
125 J. S. Walker Q.C., "The Winnipeg General Strike Trials," viii.
126 NAC, RG18, Vol. 3314, File #HX-1, Wm. Ivens et al.— Seditious Conspiracy, Royal North West Mounted Police Report, 27 January 1920.
127 Andrews and his colleagues also undertook the opposition to Russell's appeal before the Manitoba Appeal Court and the Judicial Committee of the Privy Council. The arrangement made for Andrews and his associates to appear for the crown at the Russell appeal suggest how the province handled the federal involvement in Manitoba's legal business. Andrews coached Doherty with a telegram. Doherty was invited to wire the Attorney General of Manitoba that the federal Department of Justice wished to oppose Russell's application for leave to appeal and to oppose the appeal if Russell was allowed to bring his case before the Manitoba Court of Appeal. Doherty was directed to ask the Attorney General to authorize Andrews and "such counsel as [Andrews] ... may appoint to appear on his behalf without expense to the provincial attorney general." The Attorney General stipulated that the request come "directly from you rather than from me." NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to C.J. Doherty, 29 March 1920. Evidently, Doherty undertook to so advise as Andrews, Pitblado, Coyne, and Sweatman appeared when Russell's case came before the Court of Appeals on 8 January 1920. The Crown's arguments were sustained on 19 January 1920 when the Court dismissed each of Russell's appeals. Given the unanimous rejection of the appeal, Russell could not appeal his conviction to the Supreme Court. However, he could and did seek a hearing before the Judicial Committee of the Privy Council. See NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to Hon. C.J. Doherty [nd].
128 On the trials see Russell Trial and Labor's Rights: Opinion by W.H. Truman, K.C. (Winnipeg 1920) and W.A. Pritchard's Address to the Jury (Winnipeg 1920).
129 NAC, Justice, RG13, Access, Pocket #1, The Department of Justice in account with J.B. Coyne, K.C., Travis Sweatman, A.J. Andrews, Isaac Pitblado, S.L. Goldstine, 31 March 1920.
130 NAC, Justice, RG13, Access, Pocket #1, Invoice, McDonald Detective Agency, Limited, to A.J. Andrews, Esq., K.C., 3 April 1920.
131 See NAC, RG2, Volume 1244, PC 831, 21 April 1920.
132 The cheques included S.L. Goldstein ($8,376), T. Sweatman ( $4,162.50), Herbert Andrews ($1,255.50), J.B. Coyne, K.C.( $7,150), I. Pitblado, K.C. ( $6,615), and A.J. Andrews, K.C. ($3,201.05). See NAC, Justice, RG13, Access, Pocket #1, W.S. Edwards to Messrs. Andrews, Andrews, Burbidge & Bastedo, 18 May 1920.
133 NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to W. Stuart Edwards, 21 May 1920.
134 NAC, Justice, RG13, Access, Pocket #1, A.J. Andrews to Honourable C.J. Doherty, Esq., 21 May 1920.
135 In June, Pitblado received an additional $6,375 for a total of $19,990 for the spring trial, Sweatman received an additional $4,587.50 for a total of $15,750 for the spring trial; Coyne received an additional $5,775 for a total of $20,475. See handwritten summary of payments to Andrews et al. contained in Justice Department files, item 638 (3 pages). NAC, Justice, RG13, Access, Pocket #2.
136 The amounts were: Andrews ($5,150), Pitblado ($300), Coyne ($2,100), and Sweatman ($1,950). NAC, Justice, RG13, Access, Pocket #1, Alfred J. Andrews to W.Stuart Edwards, Esq., 7 October 1920.
137 NAC, Justice, RG13, Access, Pocket # 2, W. Stuart Edwards to Deputy Minister of Justice, 20 October 1920.
138 NAC, Justice, RG13, Access, Pocket #2, W. Stuart Edwards to A.J. Andrews, 26 October 1920.
139 See handwritten summary of payments to Andrews et al. contained in Justice Department files, item 638. NAC, Justice, RG13, Access, Pocket #2.
140 On W.H. McWilliams see Norman Penner, ed., The Strikers' Own History, 124.
141 Peter Burns, "Private Prosecutions in Canada: The Law and a Proposal for Change," 271.
142 For the correspondence on this see NAC, Justice, RG13, Access, Pocket #2, W.S.E., 18 May 1920. Memorandum for the Deputy Minister of Justice: Re. Winnipeg Strike.
143 Chad Reimer, "War, Nationhood and Working-Class Entitlement," 219.
144 These goals were expressed in the following manner to the Mayor of Winnipeg: " 1. Recognition of the right of Collective bargaining, 2. Recognition of the metal Trades Council, and the Building Trades Council, 3 Reinstatement of all strikers without prejudice." For both iterations see "Why the General Strike Weapon," Western labor News, Special Strike Edition No. 10, 28 May 1919.
145 Ralph Miliband, "State Power and Class Interests," New Left Review, 138 (March–April 1983), 59.
146 Antonio Gramsci, Selections From the Prison Notebooks, 244.
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