THE

THE DAILY EXAMINER.

APRIL 56, 1888

Another Retreat.

the

¢ would find it

YESTERDAY we \ ntured statement that the P.

to break t!

** impossible » foree of Mr. Ferguson's strong But little did

would so soon beat a

and conclusive argument

we imagine that it retreat from the position taken by its party

as to Sir Richard's resolution— that having

backed down from Commercial Union, it would be ready to back down from Un restricted Reciprocity The Patriot new

says that

“& > one probably who 1s a lvocating the scheme of reciprocity, the meaning of absolute to the term ‘ un- restricted.

inrestricted attaches

The dictionary says that ‘‘ unrestricted ”

means, —‘‘having no, restriction, limitation

or qualification —absolute,” and a majority

of persons attach that meaning to it. More- over, Sir Richard and his supporters in Parliament have constantly argued on the

supposition that unrestricted " meant

absolute The Patrict is, therefore, al- together wrong in 1's statement. The Patriot says sugar, for example,

** might be placed among the exceptions;” and if materials not natural products of the two

sugar, why not ali other raw

countries ! It is creditable to the Patriot that it has been so soon taught by Mr, Ferguson to

diseern one of the essential weaknesses of

the Unrestricted Reciprocity scheme adopted by its party. Guided by the Charlottetown Board of Trade, the Grits of this Province were among the first to discover that Cummercial Union was

impracticable; and now they are beginning to see that Unrestricted Reciprocity ‘* will never do.” It may be that they will also be the first of thei policy of the G

r party to to see that the vernment is best for this country.

The Congre f tl been constrained to products

States have of the ee of duty ; and the

re United admit s me

‘ . o { Meda fi

Government of Canada have promptly and fully reciprocatei the courtesy.. We regret that Cougress has not yet made

potatoes, horses, etc.,—im which the farm-

ers of this Province are particularly interested —{ree of duty. But itis pleasing to note that th ates are, at last, begin- ning to tike «dvantage of the standing

offer of Reciprucit out by the C since 1878.

y ia natural products held

aiadian Government ever

-_* —_ +. -- eadieiensinn

—The appellation, ‘‘Urganized Hypo- crisy, 4s given to the Grit Party of Canada, is most appropriate. At present they are even boasting over the miscarriage of jus- tice in the Glengarry election case, and rejoice that through a fiw in the indict- ment their sample purist, Patrick Purcell, holds his purchased seat, which, by his own confession, cost him $36,000. The Patriot, although strongly supporting ‘‘the party of purity,” dares not defend this outrage. Verily the ‘‘ Reform” party is a delusion and a snare.

— As much interest has been evinced in the latest decision of Mr. Justice Peters concerning the Canada Temperance Act, and as some persons have presumed to doubt the correctness of Tue Ex- AMINER'S summary report of it, we pub- lish to-day the ipsissima verba of the learn- ed Judge's judgment as tothe interesting points in the case. But it must not, there- fore, be inferred that THe Examrver’s opinions are in agreement with those of His Lordship. On the contrary, Tue Ex- AMINER regards the conclusions of Judge Peters as erroneous and mischievous, -_. —It is understood that an arrangement has been arrived at between the Govern- ment and the Canada Pacific, whereby the company agrees to the cancellativn of the monopoly clause in its charter upon terms which, when made public, will be found to be mutually advantageous to the country and to the company. The sur- render of the monoply no longer necessi- tates the continuance of the disallowance policy, and consequently it is fair to assume that there will be no further disallowance of Manitobs railway charters.

-seo =] o-———— -———___-——

— + ©

—The annual report of the Uuited States geological survey gives the usual statistics of the mineral products of the republic, from 1882 to 1886, respectively. The total value iu the former year was $456,165,000 and in the latter $465,327,000. The. in- crease is less than might have been expect- ed though the aggregates for both years are

large. Coal holds thefirst place on the list, the value mined in 1886 being of

anthracite, $75,119,120, and of bituminous $79,481,596. Pig iron comes next with $95,195,000, followed by silver, $51,000,- 000; geld, $35,000,090; lime $21,500,000, ant petroleum,, $20,028,000. Next in order came building stone, copper lead and na-ural gas, t'e latter being estimated at $9.750.000, hiving increased from $215,- OVO in four years

tenitemainitessiiiaiesiaal a

Genera] Le ‘ W il ace, the author of Ben Hur, 1s saidito be comical} y absent minded. lie has b cnown when at breakfast to put two heaping teaspoonsful of sugar on a soft-boiled 1en alinost before the laughte el vay, to salt his coffee with great deliberation.

Miss Au > Snead, better known as Miss Grou Washiugton correspondent of sever! astern papers, died of pneamonia in Washington, list Thursday. She was ene of ¢ best known female corre pond utsin V whingto Re

Mr. Jeiferson Matthews. of Dover, Ark.,

Went out guiul one night

‘ Fiip me Lr 1

wees

Mr. John Williams and by mistake shot

last

mad killed Ar. Rom in Barnes. On learn- ‘ng of his error Mr, Matthews expressed cogret. A Brook’ nH girl ate arsenic to destroy — the pimpies are gone. So is the

st. Peter's.

Tue members of the flourishing Band of Hope in connection with the above-named church have to be heartily congratulated upon the very successful and thoroughly enjoyable entertainment holden last night in St Peter's Schoolroom., The pro- cramme was a lengthy one, and its con- tents judiciously varied. The performers, with only one or two exceptions, were members of the Band of Hope, and some of them of very tender years. The three pieces, viz: the ‘ffouchy Dialogue,” ‘+ Irish Dialogue,’ and the ‘*Quack Doc- tor,” of which the two former are original, were well put on the stage, and rendered with great effectiveness by the performers, to the supreme amusement of the large audience present. {The performance of Signor Grandini and his travelling com- pany was highly satisfactory, and reflected credit on those very small child- ren who sustained it. ‘*The Haunted House,’ a character song, was well given, and equally well reeeived, if we may judge from the merry peals of laughter with which it was greeted. Several songs were sung by the boys and girls during the even- ing, the rendering being careful and very pleasing, particularly ‘* Whip-poor-will ” and ‘*Good Night, Ladies.” Special praise is due to the little ones who sang, and that so prettily, ‘* Tommy was a Small Boy,” with action. Mr. Tanton sang with much pathos and eare **‘ My Mother's Wed- ding Ring,” and the Rev. Fred E. J. Lloyd sang ‘* Let Me Dream Again.”’ Miss Alice Webb fulfilled, with 1auch satisfaction and good nature, the somewhat arduous duties of accompanist. Lastly, a very hearty word of praise is due to Miss Harris and Mr. W. C. Harris, Jr., for the manner in which they undertook the superintendence of, and carried out, the necessary preparations, which must have been great, for the thor- oughly good entertainment of last night.

A correspondent writes :—

‘** Too much praise cannot be awarded to the boys of St. Peter’s School for the noble way in which they performed their several parts in the dramatic entertainment of last evening. They labored hard to please the audience, and do soto petfectiou. In our St. Peter’s School hoys we have a band of warm-hearted fellows that seem destined to become great by means of the drama. We applaud too much every crank that comes from a foreign country, and forget our clever boys at home who one day will be the pride of our nation. The enter- tainment, on the whole was a grand success.’

rreat Zreat

-_— + a +

The Hospital Bazaar.

Cue annual bazaar and tea in aid of the Prince Edward Island Hospital opened in

Market Hall to-day. The management have left noth ng undone to please all who sttend. The hall has been nicely decorated

for the occasion, and the different tables are well with useful as well as ornamental articles. The refreshment and tea tables are weil filled with good things, and those who patronize them cannot fail ]

1. stocked

to be pleased. Following are the names of the ladies in charge of the different table s

Apron Table—Mrs. L. M. Poole, Mrs. B. Heartz, Mrs. C. H. Cooke and Mrs. J, M. McLeod

Fancy Table—-Mrs. George Macleod, Mrs. W. H. Finlay, Miss Snaddon, Miss Annie Beer and Miss Lowden.

Refreshment Table— Mrs. Joseph Unsworth, Mrs. C. Lewis and the Misses Brown.

Candy Table—Mrs. A. A. Bartlett and Miss sal.

Tea Table No. 1—Mrs. McKinlay and Mrs. Sharp.

Tea Table No 2- Mrs Sutherland

Tea Table No 3-—Mrs, Batt.

The bazaar will be continued to-night. Don’t fail to attend and secure some of the splendid articles on sale as well as passed an enjoyable evening.

Mrs. Farquharson and

Hobbs and Mrs.

ostiins —_—- a

Rifie Association Meeting.

THe annual general meeting of the P. E. Island Provincial Rifle’ Association was held last evening in the City Courtroom. There was a fair attendance of members from the city. The President, Lieut.- Ccelonel Irving occupied the chair.

The minutes of council for the past year

sociation, with a statement of the finances by the Treasurer, was submitted and ad-

opted. The following gentlemen were elected officers of the Association for the

ensuing year :—

President —Lieut.-Colonel Irving, unani- mously re-elected.

Vice-Presidents—Lieut.-Colonel Francis Dogherty, for'Queen’s County; Major F. S. Moore, for King’s County ; Captain E, Macdougal!, for Prince County.

Members of Council—Captains Passmore, Longworth, Henderson, Stewart and Weeks for Queen’s County ; Lieutenants Hooper and Davison for Prince County ; Lieutenants Stewart and White for King’s County.

Senator Carvell and L. H. Davies, Esq., M. P., were re-elected Members of Coun- cilof the Dominion Rifle Association for P. E. Island.

Lieut.-Colonel F. Dogherty -was_ unani- mously chosen to command the inter- Maritime team. This match will be shot this year on Bedford Range, near Halifax, on the second Thursday in June.

At a meeting of Council, held imme-

diately after the annual meeting, the President, Lieut.-Colonel Irving, was |

eweted Chairman of Council, and Major G. L.. Dogherty Secretary-Treasurer.

- a a

Siipendiary Magistrate’s Court.

John Hughes, violation Canada T'emper- ance Act, third offence, two months im- prisonment,

atrick C.

two months imprisonment.

T} nt Pp be b 74 :

; 10mas Rebertson, violation Cemperance Act, third offence, two months unprisonment.

Alice McKenna, violation Canada Tem- perance Act, first offence, $50 or one month.

Philip Curley, violation Canada Temper- ance Act, four third offences, two months each eight months imprisonment,

Four ocher Seott Act cases were dismiss- ed and six adjourned.

a

Have decided t Carpets, in Brussels, §

arpets, ssels, Scotch Tapes.ries goods must be ld 4 and _tapes.ries, g 6 sold—bargains will be given

, Je B. Mavdonald’s, ap 5dw

DAILY EXAMINER,

were read, and the annual report of the As-,

A Connolly, violation Canada ; ; Lemperance Act, second offence, $100 or

Canada

aaa * he o clear out balance of stock,of | beverage to ardent spirits.”

What is Intoxicating Liquor?

} JUDGMENT OF MR, JUSTICR PETERS IN THE

CASE OF WEATHERBIE VS, NICHOLSON.

This was an appeal case tried by me at the Georgetown Court. The defendant was con- vieted by two Magistrates of. selling spirituous or intoxicating liquors contrary to the provi- sions of the Canada Temperance Act. That the defendant sold an article called ‘‘ Temper- ance Beer” is not disputed. But the defence is that the beer sold is not intoxicating liquor.

The question is: was the beverage sold of an intoxicating nature within the meaning of the Canada Temperance Act? The 99th sec- tion of the Act prohibits the sale to any per- son of any intoxicating liquor.

The interpretation clause, section 2, enacts that the expression ‘‘intoxicating liquor” means and includes any and every spirituous or malt liquors, and evéry wine and any and every combination of liquors or drink that is intoxicating, and any mixed liquor capable of being used as a beverage, which is spiritu- ous or otherwise intoxicating,

Now it seems to me that this interpretation does not help us much ; but is rather like the lecturer who undertook to define what ‘* law” was, and could only explain it by saying “law was law.” According to an article in Chambers’ Jowrnal of 1888, brandy, whiskey, Hollands, rum, gin, etc., contain from 40 to 60 per cent. of absolute alcohol, wine from 10 to 28 per cent., beer from 3 to 8 per cent., cider from the merest trace up to 3 or 4 per cent., according to the age. Now the Act don’t say what quantity of alcohol or strength of spirit shall be con- sidered as making beer or liquor intoxicating. Nor does it provide any scientific test by which its intoxicating quality or power can be ascertained.

How and by what means, then are we to ascertain whether this beer is intoxicating cr not? Mr. Hilliard in his book on taxation, p. 162, mentions a case where a tax was im- posed on wholesale dealers in malt ‘liquor, and it was contended that the law was void for uncertainty because the law does not define what wholesale dealer is, but it was held that the act was not void—because that could be as easily determined as any other faet by evidence. But a question may arise here whether the Temperance Act—except as to rum, brandy, whiskey, gin, Hollands and such liquors, the very names of which import and convey to the mind the idea of an intoxicating liquid—is not altogether void for uncertainty; because the Act being silent as to the propor tion of spirit or aleohol necessary to consti- tute an intoxicating drink, or liquor within the meaning of the act, and providing no test by which it can be ascertained, it follows that the only way of ascertaining its intoxi- cating properties is by drinking it. But here it must be observed that what may effect one man’s head may have no effect on anothers. Again, as a writer on intoxicants observes: ‘‘ It is a well known fact that the quantity which a man may drink at one time with impunity will serve to overcome him at another. Much depends upon the state of health, the presence or absence of food in the stomach, the question of habitude, the time of the day, the mental condition at the moment; an excited person being much more quickly affected than one whose mind is tranquil, and the nature of the liquor, for different people are susceptible te spirits, wine or beer in different degrees, which do not always compound with the proportions of alcohol which these §fluids contain.” It is obvious, therefore, that such mode of testing or proving the intoxicating quality of beer or other drinks must be very indefinite and un- conclusive.

Besides, there is another difficulty. Sup- posing the public prosecutor fancied or suspected that beer in a restaurant was intoxicating, he could not legally buy it, and probably no one would sell it to-him for fear of being prosecuted for doing so, And suppose he got it, would he test its strength by drink- ing it himself? or experiment with it on other persons—both these modes would very much shock his temperance conscience. but suppose he silenced his scruples and proeeeded to test. He might {drink a quart of A beer before dinner, when the stomach was empty, and experience sensations which induced him to declare it intoxicating; but the next day test B beer after dinner, and experiencing no such effects, declare it not intoxicating, although both samples were in fact drawn from the same cask. It is difficult to see how a man can be held guilty of a criminal offence on such evidence as this. If he can his guilt must depend on the accidental state of the testor at the moment of testing, and not in any certain rule of law relating to the subject. The point seems surrounded with difficulties, but the facts of this case render it unnecessary that I should express any decided opinion on it. (The evidence in this case was that one witness drank three glasses and felt its in- fluence, while many others drank eight or ten glasses and felt no intoxication. )

It is extremely difficult to know who to believe in these cases. If the Canada Tem- perance Act has failed to effect the good re- sults it was intended to secure, it is quite cer- tain that it has given rise to evils its origina- tors never dreamed of its producing. In cases arising under it the temptation to deny, dis- tort or suppress the truth is often from in- ierest or feeling too great to be resisted, and its constant rocurience familiarizes people with mistaking, distorting, or with- holding the truth, until perjury in such cases comes to be looked upon as an ex- cusable or venial offence. But once acquired, the habit of stepping over the line which divides right from wrong, falsehood from truth, in one case, and the obligation of an oath will soon cease to be binding in others. Also,—it seems to me that some people for- get that the Temperance Act is not directed against the use of liquor or drinks which merely exhilirate or make a man feel cheerful ormerry, but against that which may deaden his senses or excite his mind to trenzy or madness. The old toast, ‘‘ Here is to the cup , that cheers bnt does not inebriate,” is, tomy mind, in perfect consistency with the object and principles of the Canada Temper- | auce Act were properly understood. I be- ‘lieve it has been held in New Brunswick that | lager beer is not an intoxicating liquor with- in the provisions of this Act ; nor do 1 suppose that any Judge would hold that what is known as Bass pale ale and such-like drinks cannot be sold as freely as ever. Indeed, I think it quite clear that the prohibition was never intended, nor can its wording by any reason- able construction be held to app'y to beer or light wines. The words of the interpretation elause are; ‘* The expression, ‘ intoxicating liquor’ means malt liquor and wine that is in- toxicating.” Dr, Paris, in his well-known work on indigestion, says: ‘‘ Malt liquors differ from wines in several essential points. They contain a ¢much larger proportion of nuuative matter and a less proportion of spirit, while they contain a bitter and nar- cotie principle derived from hops. It would appear that the extractive matter furnished by the malt is highly nutritive, the addition oi the hops increases the value of the liquor by the greatful stimulus it imparts. Te those, | therefore, whose diet is not very nutritive, ale may be considered not only as an innocent ' }

' but a salubrious article, and happy is that country whese laboring classes prefer such a Ot this last he |says: “‘The art of extracting alcoholic ‘liquors by distillation from vinous liquors

‘ must be regarded as the greatest curse ever | ' 4

inflicted upon the human race.”” The whole evidence convinces me that the beer -sold in this case was not an intoxicating liquor within the meaning of the Canada Temper- ance Act. And therefore this appeal must be allowed and the conviction quashed with costs,

Provincial Legislature. HOUSE OF ASSEMBLY.

Wepnespay, April 4. Afternoon Session.

Hon. Mr. Bentley presented a petition ask- ing for the incorporation of the Emerald Branch of the Benevolent Irish Society, which was referred to a special committee, who pre- sented a billin accordance therewith. Said bill was read a first time and referred to the committee on Private Bills.

Mr. A. A. McLean moved the second read- ing of the bill intituled ‘‘ An Act to Amend the County Courts Amendment Act, 1878, which was done, and the bill was submitted to a Committee of the whole House and agreed to

Hon. Mr. Sullivan submitted a resolution to take into consideration the expediency of in- troducing a bill respecting replevin and regu- lating the practice of the Supreme Court in such actions, which was agreed to.

A bill in aceordance therewith was present- ed to the House by Hon. Mr. Sullivan, and was read a first time and ordered to be read a second time to-morrow.

"House then resolved itself into Committee of the Whole to further consider an Act re- specting domestic animals. After some time spent in committee, progress was reported. House adjourned until 10 a. m. to-morrow.

Tavurspay, April 4. Forenoon Session.

Hon. Mr. Sullivan introduced a bill to in- corporate the Monticello Hall Co., which was read a first time and ordered to be reada second time to-merrow.

On motion, the House resolved itself into Committee of the Whole to take into further consideration an Act relating to Domestic Animals. ‘

After some time spent in consideration, progress was reported.

House adjourned. cL ll AE Wa

Summerside Notes.

The Town Council election to fill the vacancy caused by the resignation of W. P. Baker, has come off, and contrary to the recommendation of the Journal Mr. P. Doyle has been elected by a majority of 69. Before the election Mr. Doyle stated that he was afraid of no opposition that could be brought against him, and the result has showp that he was right. Mr. Schurman, on the other hand, notwith- standing the hearty recommendations of the Journal has been defeated.

The remains of young Jarvis arrived here from Chicago on Saturday last, and were followed to their last resting place on Sunday by a large number of our citizens.

Mr. McCaull, who was recently appointed by our Town Council to fill the office of Scott Act Inspector held by the late James Caldwell, has moved into Summerside and entered upon his duties.

Our literary societies have been doing good work during the winter. * The future of Canada,’ ‘ The circulation of the blood,’ ‘The circulation of matter’ and other scientific and literary subjects have been fully discussed in one of our literary societies, whilst in the other we have had debates, lectures and addresses on famous men of modern times. The result is that quite a literary taste has been fostered, which will be productive of much good among the young men of ourtown. Mac,

tl ee

Souris Notes.

The harbor here is _ fast breaking up. Blue water can be seen at a distance. Our merchants are looking forward toa lively spring trade as soon as navigation will allow.

The Grand Lodge of Masons are now in session here. A large number of Masons are in attendance.

A boom is expected in the carriage business this summer. Quite a decent order has been sent to Ontario for some first class carriages and buggies. As this important industry has developed chiefly under the N. P., we are sure all loyal Canadians will rejoice that now, instead of sending our money to the United States, we can keep it among ourselves. On every buggy I would have a beautiful transfer of the Canadian Coat of Arms, with the following appropriate stanza :

I'he Maple Leaf, the Maple Leaf,

The Maple Leaf forever ; God: bless our Queen and country dear, The Maple Leaf forever. BEAVER.

Lease by Auction. —

] am instructed to sell by Auction, at my Sales-

room, on WEDNESDAY, lith inst,, at 12 o'clock, noon :—The Lease of P. G. Fraser's Cor ner, with privilege of purchasing the Property et any time. 3 :

This offers a splendid opportunity for invest- = 1 ly t

or particulars a oO = G. M. HARRIS, Auctioneer.

apé—dy tlsle pat

TO LET.

WO NICE HOUSES on Pleasant Street, with Stables and Water. ALso—One House on King Street.

Apply to WILLIAM DODD. April 4, 1888—tf

BAZAAR, THE ANNUAL BAZAAR

—FOR THE—

P. E. Island Hospital,

WILL BE HELD IN THE

MARKET HALL,

—ON—

Thursday, April 5th.

OPEN AT 12 O'CLOCK.

Admission 10 cents. Tea 25 cents. Contributions gratefully received by MRS. CHAS. PALMER, L, P, BEER, Secreaty. » #, y. mch$—law

- - THURSDAY, APRIL 5.

TENDERS

In the Stoie of

April 5, 1888 —6i

WILL BE RECEIVED

By the Subscriber, at the “HOTEL DAVIES,”

Until Wednesday, llth Inst. at Noon,

—FOR THE—

STOCK OF GOODS

D A. BRUCK, Merchant Tailor, Queen Street, consisting of

Cloths, Trimmings, Gents’ Furnishings & Readymade Clothing,

—ALSO—

For all the Book Debts due the said D. A. Bruce.

Stock List and Inventcry of Book Debts may be seen at D. A. Bruce's Store daily from 9 a. m. to 5 p. m.

Tenders may be for the Stock and Debts, or for either separately.

Subscriber is not to be bound to take the highest or any tender.

H. H. HARVEY.

J. B.

tor clear.

to Six Dollars, best see this Stock.

Ch’town, April 5, 1888—dy & wky

HATS. CLOTHING & TRUNKS.

20:

MACDONALD

--IS SHOWING A FINE STOCK OF—

Mens’ and Boys’ Felt Hats,

Imported late last Fall, selling at Low Prices.

———

CLOUTHIENG.

250 MENS’ SUITS (Worsted and Tweeds), and a lot of separate COATS, PANTS and VEST, selling at Great Bargains

—-——-— 0

TRUNKS.

Five Hundred and Fifty Trunks, all sizes, from Fifty Cents

assortment in Town. Don’t buy until you

J. 8. McDONALD.

QUEEN STREET.

BEWARE

BOYS at Home.

only $20.00.

PRICES

Mi A Be a

Apn Salt,

Silks,

Laces, and

Kid Gloves, Hosiery,

&e., &e.

April 4, 1888—dy & wky

cf Cheap EXPRESSLY for AUCTION ROOMS.

Support LOCAL INDUSTRIES, and keep the P. E. ISLAND

—_——-——s

PUVUIIOrG at ANGLLON Tit

CCoeC_

Imported Furniture, manufactured

We offer for Spot Cash Only, WALNUT PALLOR SETS, covered with Hair Cloth, only $35.00.

HARDWOOD BEDROOM SUITS, complete with Chairs,

And an Immense Stock of FINE FURNITURE at FINE

10:

WRIGHT & CO.

Charlottetown, April 5, 1888.

|

—— Oe

JAMES PATON & C0O.,

Market Square.

Dress Goods, FHOUSE FURNISHINGS, &c.,

Carpets and Oil Cloths, CURTAINS, IN SILK AND TAPESTRY,

Curtain Poles and Fittings Complete,

Embroideries, LIWEN SHADES & SPRING ROLLERS,

Room Paper in Every Quality,

From Four Cents a Roll upward.

GILRAY'S PATENT CURTAIN STRETCHER.

Every Housekeeper should have a Set.

JAMES PATON & CO.,

EROWN’S BLOCK,

“

th ee ay,

pee or

=

ra

al Ms

}

rs

wi

oot es

“eRe