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THE DAILY ‘EXAMINE R. a es

THE DAILY EXAMINER.

DEC EMBER 7 1896.

The Prohibition Case.

Teri be considerable mis-

appears to apprehension in reference to the rule for a prohibition which has been served on the Stipendiary Magistrate for Charlottetown.

The real question now raised does not

seem to be very Ww ell understood by the

citizens, and perhaps it

to try and ex-

Inmajority ¢ f the would be

plain it.

as well if we were The Magistrate's Court was established of the Local Legislature of this 1875, and Mr. appointment im

by an Act Island, passed in the year Fitzgerald re May of that yea Hodgson, who was then Lieutenant Gover-

now. This

wived his r from the late Sir Robert

Island joined the Confederation

in L873, and came under the the British North America Act,

which is the charter of the Dominion of

provisions of

1867,

various Provinces. L wal

exclusive

Canada, as well as the

By this last named Act the Legisla-

tures were assigned powers to

legislate and make laws in relation to six- , ® ,

teen classes of among which is the

**the ad-

Province, in

subjects,

power to mafe laws relating to iainistration of justice in the maintenance and

both

jurisdiction, and

luding the constitution,

organization of Provincial Courts, of civil and criminal matters: in that Magis-

w his appoint

inclhiding procedure in civil

those Courts it is under this power Act of 1875, est

trates U urt and

blishing the wroviding f ment, was passed by the Local Legislature of this island.

it is said, however, that this section of the b. N. A. Act does not authorise the Lieutenant Governor to appoint the Magis- but that the

judge of a court,

trate ; Magistrate, being a

should have been ap-

pointed by the Governor under of the Act, which declaresthat shall appoint District, and in each Province, except Probate in ,Nova and that if the

General, the 9th see. ‘the ¢

the judges of the

rovernor General Superior, County Courts these of the Courts of Scotia and New Brunswick,” Stipendiary Magistrate is nota judge with- in the meaning of this section, then he is

Justice of the Peace, and as such he must

still be

[It is, we

ippointed by the Governor General. believe, admitted that the Justice of the Peace, Magistrate and Judye, branch of the

appointment of a belongs to that Executive known as the prerogative of the Crown, and it is said to be *‘a well established rule that the Crown cannot be divested of its prerogative even by an Act of Parliament, unless by express words or necessary implication. The pre- sumption is that Parliament does not intend to deprive the Crown of any pre- rogative right or property unless it ex-

to do so in explicit

;

presses its intention terms, or makes the inference irresistable.’ If this is so, and if the Stipendiary is not a judge under See. 96, question is Simply this: ‘* Has the prerogative right

then the

——

before he was served with it; but the fact that a prima faeie case was nade out before and that Mr. Fitzgerald heard what is

le Chief Justice, himself,

urged against his appointmeut,

without having has a doubt, although not a grave one, calls for caution on the part of all interested.

To promptly remove every doubt about this important matter, lient that Mr.

appointed by the

it seems to us expe- Fitzgerald should at once be

Governor General, or

iat the Lieutenant-Governor should receive regal authority, in expli cit terms, to appoint magistrates,

After the has been decided

and should then re-appoint him.

question at issue before

the Courts, it will be time enough to take

Legislative action concerning the past

magisterial judygments, decisions and acts

upon which doubt has been cast.

. Disfranchisement of Dominion Officials.

Wen Mr. in the employment of the Dominion Gov-

Louis H. Davies solicits men

ernment for their votes, it would be well

for him to explain why he so strenuously endeavored to disfranchise them, while the before the House of Commons. On the 23rd day of May, 1885, Mr. David Mills, Grit member for Both- well, the following amendment to Sec. 9, of the Franchise Bill :

Franchise Bill was

mov ed

**That no person holding any office or place Civil Service of Canada to which an annual or any other salary is attached, and who may vecome entitled to a superannuation allowance, shall be entitled to vote at any election of a member for the House of Com-

in the

Dons, by Mr. Indeed,

This amendment was supported Davies im a number of speeches. he seemed to be more anxious for its pas-

sage than any of his Grit colleagues. He

said :—

**I take my experience in my own County at the last election. The most bitter parti- zans I had to meet were the men who went from house to house, the meu who worked quietest to circulate political falsehoods antl lies, who took the stump against me, were men occupying positions in the Civil Service. There are very few members on this side of the House, especially from the Mari- time Provinces, but will support the position { have taken. If you grant these premises | submit that sufficient ground has been made out for disfranchising Civil Servants.”

Further on, when Mr. Hackett called on tovk the

stump and canvassed from house to house

him to name the officials who

against him, Mr. Davies said :

**The first one that occurs to me is the Col- lector of Customs at Rustico, who did nothing for five weeks but drawhis pay and attend to politics.”

This showed the animus of the Grit mem- Smarting under Mr.

Thomas Doyle’s exposures of his treachery

ber for CQueen’s.

before the Halifax commission, Mr. Davies tried to disfranchise him and close his mouth in the futare. Now, we would say

that what is sauce for Mr. Thomas Doyle should also be sauce for Mr. Louis H. Davies. If Mr. Doyle should be disfran- chsied because he holds an office under the Dominion worth $100 per position should Mr. Davies be put in, at

annum, what

been taken way from the .Crown (i. e., the Governor General of Canada), by the words ** including the constitution,

i maintenance, Provincial Courts?” taken however,

and OPZaAniZAal bon of Certainly it has not been Has it, essary implication? This the questions at

away by

express terms. been taken away by ne is one of issue, and the one that is puzzling the legal fraternity. that if

Inagistrates was in-

A layman would think, however, the appointment of Govern-

tended to be vested in the Local

ment stronger language than the words found in the section,

is considered that the

used would be especially when it English statesmen who drew. the British

North

that to detach a prerogative of the Crown,

America Act, must have been aware

cleag and explicit words were necessary, —

The question is now before the Supreme Court of this Island, and we have no doubt that it will receive the serious and careful consideration which its importance requires. [tis well that has been raised; and it will be have it settled. Mr. Fitzgerald liar,if not dangerous, positon; and he should

the question

well to occupies a pecu- receive every consideration and all reason- able support. if he is rightly appointed,

then he has nothing to fear, and is in no On the other hand, if

properly~ appointed,

he is not what then? judgment ina case before the Supreme Court last week, is re- ported as having said that a magistrate who acts without authori ty

danger. Judge Peters, in delivering

is liable to be sued

« , . for damages, as his acts are void; and a case

is now before that Court wherein it is sought to make the City of Charlottetown

hable forthe acts of the Police, on the ground that they oflicials of the city. If this is law, and should it turn out that Mr. Fitzgerald is improperly appoint- ed, the city and Mr. Fitzgerald would pro- bably be ruined by a food of lawsuits. These are considerations for the citizens of as for Mr. Fitz-

are the

Uharlottetown as well werald

We learn from the Protestant Union that

the time he was drawing tens of thousands | of dollars as counsel and law agent for the | Dominion Government ?

We contend that there is no class of men in Canada to whom political rights are

more valuable, or Who can use them with

more intelligence, than the civil service

officials. Take away from this class their | right to vote and they become mere vas- protect their

come and

sals, without influence to

rights. Governments might governments might go, but their grievances would go on for ever—unredressed.

Let the civil servants remember, when Mr. Davies canvasses them, that the smooth words and the bland smile which he will call into requisition, are only used to cover his real sentiments regarding their poli- If he had his way he would have been spared the trouble of canvassing

tical rights.

them.

_- _—_—o— < —_—

i J - Here is a point to be noted. Wages | in the cotton factories have increased from

under protection,

ten to fifteen per cent. cotton has increased five per cent.

At the same time standard

and raw since 1878. sheeting is twenty-five per cent. now than it was on November 1, 1878

cheaper

Another Prize.

England's rigid scrutiny of the seas in search of islands for aunexation has just yielded her one more prize, asa London despatch announces, in Socotra, situated in the Indian Ocean, about 120 miles east of Cape Guardafui, the easternmost point of | Africa. It is worth remembering that she | exploved this same island about. fifty years | ago, with aview to its occupation, but selected Aden, in Arabia, instead. Since | then the Red Sea, as a highway, has grown | in importance, and now Socotra is required. | While as an island of perhaps a thousand | square miles in area, having a fertile soil and some products of special importance, Socotra might well be annexed for its in- trinsic value, no doubt its strategic import- ance is specially looked to at this time.

On November 16 a Michigan Central

train on the Canada Southern division, hav-

ne rule for a Prohib ” was obtained from | © Chi Justice after a long arguinent,

sud alter a prima facie case had been made

UL. ah We gatii ti wT Mr. Fi zcerald’s

remarks in Court last Satur: lay, that he has

hot any “grave doubt” on the point. We presume he did not hear the argument be fure the Chief Justies, hO Wuull have known of

otherwise

the rulu' Stuy ts, tty, bt Eber &U iP

ing on board a number of directors and offi- | cials, ran from St. Clair Junction to Wind-

r Dock, a distance of 107 miles, in ninety- tive minutes, betas at the rate of over sixty-seven and a quarter miles per hour.

si geil sili stasis

Oxe cast Men's Black Bear Conte opened

to-ay.— Beer Bros. 2i—dec2

o-——

'caldo, judging from the way he has acted

On Board the ida Waud.

UNE SAILOR eAABa BY ANOTHER,

Not Expect wd” to

——

Recover,

A COLD-BLOODED stabbing affray occurred this morning, on board the brig ida Maud, Captain Purdy, which is being loaded with | vats and potatoes at Peake’s No. 2 wharf. Among those engaged at work in stowing the cargo were two of the crew, one named James Smith, a native of Locke- port, N. S., and the other Juan of Porto Rico, who were passing oats at the forward hatch. So far as we can learn everything went on as usual, until almost ten o'clock, sailors had some words about the manner |

in which the bags were being thrown into the hatch. Smith told Micaldo to take

hold of a bag, but Micaldo refused to do so, Smith then pushed Micaldo aside and took hold of the bag himself. This enraged Micaldo and he rushed at Smith and in the short struggle which ensued, Micaldo suc- ceeding in snatching Smith’s knife from its sheath and plunging it into its owner’s breast, penetrating the chest cavity. Smith crossed his arms over the region of the wound and almost at once sank to the deck. The knife was taken from Micaldo by the first mate, and Smith, who was bleeding profusely, was removed to the Captain’s cabin, where all that was possible was done to alleviate the sufferings of the unfortun- ate man, until the arrival of Dr. Warburton

who had been sent for.

CONDITION OF THE PATIENT.

A messenger was also despatched for the police, who were promptly on the scene. into their custody Micaldo was given. On arrival, Dr. Warburton, after dressing the wound, deemed it ad- visable to have Smith removed to the Hospital, and preparations were soon made for so doing. Simith, who was very low, was placed in asleigh and covered with furs, was driven to the City Hospital, where he was soon in comfortable quarters. Stimulants were administered, and the unfortunate man rallied somewhat, but his recovery is still very doubtful. His ante mortem statement was taken at novi.

THE CRIMINAL,

Micaldo, the man who did the stabbing, isa native of Porto Rico, and is about twenty-one years of age. He shipped on the [da Maud at Elalitax on the 15th Sep- tember last. Captain Purdy says Micaldo is a Wicked, blood-thirsty wretch, and that the greater portion of his crew were afraid

of him. He did as little work as he could, and it was sometimes necessary, in order to ensure a prompt attention to orders, to assist his movements with a boot put where it would do the most good. It was a com- mon thing for him te show a knife to the sailors, and at the same time make threat- ening remarks. He also tried the same game on the Captain—but did it only once. Micaldo isa short, thickset man, about four feet in height, and in appearance somewhat resembles the Island Indian. His face is broad, with prominent cheek bones ; his eyes are large and jet black, and a few straggling long black hairs can be noticed on his upper lip and chin. He sports the regulation sou’-wester and knee boots, so necessary to the equipment of the sailor of the period, and considering the fact that it is but some three or four months since he first landed.at a British port, speaks English very well indeed.

WHY THE STABBING WAS DONE,

uz EXAMINER'S reporter had a chat with Micaldo in the policestatien shortly after his arrest. He was quite willing to talk about the affair, and did not seem at all put out over it. When asked why he did the stabbing, he said that Smith was con- tinually fooling with him, and some times he injured him in so doing; that whet they were at work this morning Smith would push him about and throw bags upon him; that when he went to get his mitts to put on, as his hands were cold, he was fol- lowed to the cabin and caught by the throat and brought back. He says that the crew were always trying to impose upon him be- cause he was a boy, and denies that he ever before took a knife to the captain or to any other person. He also states that he was struck in the mouth and in the right eye by the second mate this morning, and that his head is covered with lumps as a_re- sult of the treatment he has received. Mi-

since his arrest, isa cruel-hearted wretch, and his story is given, as it should be taken, for what it is worth.

THE VICTIM.

James Smith, his victim is a native of Lockeport, N.S., and is about twenty- six years of age. He shipped on the Ida Maud at Trinidad, on the 2nd November, as an ordinary seaman. Captain Purdy speaks highly of iis good qualities, and had appointed him to sail as second mate on the trip to Demerara.

The preliminary examination of Micaldo was commenced before His Honor the Sti- pendiary Magistrate at two o’clock this

Miealdo, |

om “TUES? DAY, Ik GOLD-BLOODED ARPRAY

Ch’town, Dec. |

|

when the two}

| i

£6, > Sate p | BAS Gf ryiike nus ‘ id Tea of the P. E and pill Annual Bazaar i - pe a - xd

4 }ospital will be held on Dist the Koller Rink. Deors open at 12 5p. m.; admittance, Lcts. ( ‘ontributions gratefulls received by MRS. LAIRD, Pre om MRS. C. PALMER, Vice do. MRS, COLEMAN, “€o. MRS. F. Db. BEER, Secretary. 7, 1°86,

NOTICE.

Al .L persons indebted to James Reid,

4 attaching creditors and the undersigned, Jobn _ keid, who claims said debts as assignee, that said debis are to be paid to Henry Longworth, Sheriff of Queen’s County, at the store of Reid Bros., Cameron Block, C harlottetown. Ail overdue will be sued for without further notice HENRY LONGWORTH, — rheriff. J.D. REID, Assignee, Ch’town, Dec. 7, 1886—dy & wky

Ta 7 PANEL i THE fA ci

fireai Clearing - . Out pale |

9,000 Worth of Cloth, Ready-made Giothing, Women’s Wear, &c,

THE > unders ? gives notice that by virine of Writs of is os c satio n out of the Supreme Court, at the suit of John D. Reid, and at the suit of the Tryon Woolen Manufacturing Co., against Jame 3 A. livid, and under sundry atta hinents ovains! the said James A. Reid, as an absent Gepior h ane seized and levied unoa all the stock in trade

t the said James A, Reid, now ia the store of iteid Bros., in the Cameron Bioek, in Chariotte- town, and wil, in compliance with the terms of a r solutio un of creditors, passed on the 4th day of December, inst, oun and after

— , ‘ 42 s ¥ Wednesday, Dec. Sti inst, and from day to day antil the whole is disposed of, offer the whole of said stcck fur sale in quan tities to suit the trade and purchasers. HENRY LONGWORTH, Sheriff.

Ch'town, Dec.7, 1836 -dy & wky

Pu oe

puBertc Mi * ive Wie,

M eetings,

STINGS of the Liberal-Conserv- atis ars of the Second Hlectoral Distric of King’s County, fur the purposes of appoin’ delezates to nomini eandidates to contes ae v's County at the vexi Dominion elec tion, i!] be held at the fo!lowing places, viz: At or near Peake’s Station, Lot 38, on Monday, 13th December, at 6 p. m. At or near Savage Harbor Schoolhouse, Lot 38, on Monday, 13th December, at + p,m. At er near the store of R. N. Cox, Esq., on Monday, 13th December. at 6p. m At or near Little Monday. (3th December, at 6 p. m. At Monticello, Lot 42, on Monday, ber, at 6 p.m, At or near the Courthouse, St. Peter's Bay, o . Lith December, at 6 p. m Chairmen in each polling division will please attend to the above. A fullattendance of the Liberal Conservative Pariy at these meetings is requested. By order, JOLIN P. SULLIVAN, 2nd Vice President L. C. Association, King’s County. Dec, 6, 1886—dec7 li wy li

Morelli,

“uesd ay

a PS ae ee

Ww E wonld inferm,the citizens of Charlottetown and Prince Edward I-land generally, that our Mik. SANTA CLAUS will be at the

DIAMOND BOOKSTORE,

on and after Monday, 6th December, inst, having in his possession the I: are est, choicest and best vaine GIFTS and PRESENTS ever placed at his disposal.

Come and see him early,

4aF the closing Levee on Christmas Eve will remain open until midnight.

Respectfuily, CHRISTMAS, NEWYEAR & CO.

Dec, 6, 1888,

Referring to the foregoing 1 would urge ibe necessity of an early visit to Mr, Claus, as the terrific crush, usual on Christmas Eve, prevents him paying his proverbial courtesy to visitors,

The ¢ Sariutinan Cs irds, Fancy Goods, Toys, &c, of ae present visit being so very numerous, we cannot particularize. Itis absolutely imper ative that you come and view the immense stock.

THEO. L. CHAPPELLE, Diamond Bockstore. Ch’iown, Dec. 6, 1886,

Appies! Apples

T Auction, at Rooms,on WEDNESDAY, fA 8th inst., at 1) o'clock, a. m.,

100 bbls. Winter Keeping Apples.

A ehoice lot in all kinds. A. H. B. MACGOWAN. Auctioneer, Chi arlottetown, Dec. 6, 1S86—2i

SUHR. HIGHLAND LIGHT,”

i Y order of the Vice se Vicatiinaivedty Court of

Prince Edward Island, and under a war- rant issued therefrom, the schooner ‘‘High- land Light,” her tackle, apparel and furni- ture, will be Sold by Auction, at QUEEN’S WH ARF, Georgetown,

afternoon. Seven w itnesses were ex: umine od,

and the information elicited was ocatowhat On T ue sday ® De ¢, 14t

The examina- | to-morrow, com-

similar to that given above. jtion will be continued imencing at ten o'clock.

Diphtheria and Manure Heaps.

M. Ferraud, Lyon Medical, traces the relation between manure heaps and rural epidemics of diptheria. On one oceasion the disease appeared the day following a general street cleaning, He argue that manure should be kept in closed wells of stone, glazed with abitumen, so constructed that the fluids filter away from the solid matter.

_— 7 om +

- More Silver.

A corvesponde nt writing from Kan., says: ‘Silver has been See. recently | discovered in large quantities south of this city, where the lead crops out ; in fact, it underlies the

| Pure Geld Spices, Cr cm Baking

tite ¢ Bi

severa

oie inty the terri ory. It from BiUS per

Why ie

at the hour of TWELVE o'clock, noon.

Terms— Cash. JOHN

Deputy Marshal of V. Dec. 6, 1886—t] sale

SMITH, A. Court. Ch’town,

Males! Skates

S‘EIVED:

JUST 1 REC

‘160 pairs Acme Club Skate

north and}

entire city ;

about 36 feet from the surface, and reek D> oDD & ROGE RS. -

FOR SALE AT VERY LOW PRICES.

Uh’ Wwwuy Wow &—awks voll

.

tn et ti centro ag RSS

12 o'clock; tea on the tables at

doing busine ss under the same of REID BROS., are hereby notified, pursuant to arrangeme nt made

debts not paid by the 3ist inst.,

Ch’town,

eS ATE oe

Pond Schoolbonse, Lot 56, on |

13th Decem- |

|

1, E886, |

stivet' 990 do Imitation Spring it

FALL AND WINTER GOODS

ree Oe te et

“DE C K MB i AR a 1

ae BC EVE 4 Fok.

‘oe

Two hundred Ladies’ {UR CAPES

The balance of our splendid stock of Ladies’) MANTLES and

ULSTERS. Eleven hundred yards MANTLE and ULSTER CLOTHS, Fi‘teen thousaud yards PRESS GOODS’

Fort:-two hundre

Grey, from l6cts, up

A

lange

and valuable assortment

yards FL {NN

White and

‘E4—Seariet,

of Men’s and Boys’

READY-MADE CLOTHING, OVERCOATS, ULSTERS, &e. Ladies’ M-n’s FUR COATS, CAPS, GLOVES, Xe.

Beaver, Astracan, Persian Lamb, and o her FURS,

Redingotes, Ulsters, Jerseys,

SLEIGH ROBES, &e. hundred and fifty pairs of BLANKETS, very low.

FUR MANTLES, JA‘ KETS, GLOVES, &c.

Three hundred half-chests splendid TEA, at 25 ¢ nts

THA,

Ln

Dee. 6, 1886.

packages of five,

a ---—- — = ———

LADIES’

Fur-lined Cloaks, Astrachan

Sacks

Gloves, Dress Goods,

Trimmings, Xe.

(

Det. t:

} HATS and BONNETS, in

HARES fv

Hosiery,

ten, and twenty pounds STEWART, SUCCESSORS TO

eo, Davies & Go.

BAOS.

MEN’S Fur Coats, Fur Caps, Fur Gloves Feit Hata, Underciothing, Gloves, Shirts, &e , &e.

ee ee

Jo LIN fm YY :

elt and Straw—all the Leading

Styles, and a maguniticent line of TRIMMINGS.

All orders receive CARPETS! i a OE

Nov.

h’ town,

Il,

QU itz

FALL AP

Complete Comprising all NOVELTIES

—-

¥ ee havene

meee 48 we IRS6.

N

Miss Saunders’ personal attention

ete ercreeenapntone

CARPH TS

EX. es ee CS.

BRITISH WAREHOUSE

Qdur Stock of

DW

ied DRY COGDS

a2 is ROW —

aE

Kivery

Ricpartment, the Latest

Of THE SEASON ana___*

of as Good Pane as is to he hladin

e City.

By aa. BROW Ww.

Ch’town, Nov. |

a ee

12

wky

USE,

CHEAP,

OF annette jihin

Buy Your ;

SO Ladu .eeewO

ATi s00

DORR YY, GOKE & CQ, “Or'town, Sep %, 18.

‘

o