five DoLLARs a XY BAR.

ins ere

ee Lee

‘‘ This is true Liberty, when Free-born Men, having to advise the Public, may speak free,”—Evxirrpss.

SINGLE Copitzs Two CENTs.

a’ ‘ 7

ev \

SERLES,

CHARLOTTETOWN, PRINCE EDWARD ISLAND, WEDNESDAY, OCTOBER 15, 1884.

VOL. 15.-—NO. 126.

that provision of the Canada Temperance

iF 1} , \ t the . sah PAT 4,3 Al Rr Hf Le f M Hoan Ri Mogi enn é : \ 9 ! UATLY Ix (MINER U e040, OP01 LU lal 6, y Ss = 4 = Scott ACT. Ac’, permitting no appeal; yet this sec. 141 ssued every evening, by en : —? 5S ead Ss says, that none of its provisions shall affect , ‘gga SARRISTERS 5 cy ~ 7 oy ienenle any of the provisions of the 4 lhe Framer Publishines Go. fam 3 . WD > The Pe nal Z lause tial Is it Canada Temperance Act. This is not beg- : : Oo —r o ‘a = <0} . ging the question, for though it may be , corner of Water and oa sa, & H o Repealed 3 necessary to construe both sections 141 and rye Streets, Charlottetown, ATTORNEYS - AT - LAW 99 Toe > ain O < < fil te tie 4 145 together, yet each section should, in ince Edward Islan * 58s ws Fa 2S Fy ee 2 2 - = 6! itself, be made effective if it is porsible, rus of SUBSCRIPTION ; P + MMs a je) Sa i Ss s & = j jap ictrata’ nis] so to arrive at one harmonious enactment. ' h : : & 60 Gfliice in Old Bank, | tees = S wa 7 S fa] ™ 5 e's = Stipendia y Magistrate 8 Decision on The question for the Judge is not what tho lonths. : 125 (| ie ; ial 0 i 7 L N19 @ S tie Point. Legis'ature meant but what its language oy “ . oso. | (UP STAIRS). .- 3 cs a S . f% = OD kD how ea a means, [ cannot read section 141, and the sd shi : | Ch'town, Feb. 21. 1884. - s os 20 bh he Z " clear unambiguous language used in it, retin ale OE} fn Z Ca 88 88 The following joggwont was delivered pivtont fcling that its Neral meaning and \ali-yearly or yearly advertize:| j Jubl TAY i Mi Aj Vath = ka a f = 3 cae int S x — 6 by the Stipendiary Magistrate yesterday :— hdiding that the Oaneds Petipemmnen: Act mlleating. | ' . ' = cS [7] 3 2 fz] ee. os The Queen on the prosecution of R. H. unaffected, except by addition, in any par- slide ‘ATTORNEYS AT LAW - = . (N on 5 B 4 as = he om Crawrorp ts Mary ANN OFFER:— ticular by the License Act, 1883. This ee = ” ax > s ee fe oe question raised in this ca ig construction has at least the merit of giv ng ALMANAG FOR OCTOBER, i384. a ? & — * is Ee 5 q e e = > + a hdl tha ad Note in : Canada | both sections their full force and etect, nemaiiniiiaaiiatie | Solicitors it Chancery, | ba = a 2 5 n ch z ° 5 5 uy Temperance Act, 1878, is repealed by the, while the other must necessarily limit what 4th day, 5b. 47.6aa, pm. a es 7 < O 7 Rim Bub | penal clause in the Liquor License Act, ®ppear tome to be plain words with but Boe a ith lay, 10a. IG7o.. om | SOTAREIES PUBLIC, &c. = eos fz] Ss @ aw w& 1883. |one apparent meauing. on 18th day, dh, 18.9m., p. at OF FICES— O’Halloran’s Building. Gre: aj = a 5 n & i] 24 —_ Ew to _The counsel for the defendant argues in|. it must be conceded that there is a strik- Zith day, Oa. 41.90.,a.m. | Py ; foams ullding, Grea = ) a ie owe - = joao & short that it is impliedly repealed under | '8 incongruity in maintaining the two sets sun ‘Sati Moon|High | Daya| 7 renee ’ = < £ of “me Et Ra By ons that principle in che interpretation of of punishments as enacted in these two a, AR te, [te h | $a” Money to Loan, — . eo i = ‘2 Seno = statutes which declares that if a later sta- Penal clauses. Why should the second » ronan " 7 V. W, Sontivan, Q. C. | Coaster B. Macnusun i: A F 7 > . = < <a a o tute again describes an cffence created yi, ne woney ote _ ” poumuete = ; hoa hm aft’n moro) hm | _ , . hee < eS 2 SSS a former one, and aftixes a diflerent punish- | longer term of imprisonment than the third Wedpeaday S 3808 8 & ‘ S2itt 23 | Jan. 16, '82. j Sn tonal @ co = AS) D men*+ to it, varying the procedure, giving |‘ fience under the other, bearing in mind 2} Ay o) o 4 26 . ss po iat 4 henge oligtinegpinea ty > eecowommaRE i. eet (on) O 2 3S 9d =. for instance an appeal where there was no that where the Scott Act is in force the Act 7 Or ei >| ; on - “a | W., WH EATLE y ‘in B) <q a” ae ee appeal befure, the earlier statute is impliedly | punishable must in both cases be the same. ea : = 9 25 6 3110 48 19 ae : : ° i é Zi = Ss 2 SoD repealed by it. It may well be questioned if it is wise to ~ as | ‘get caver onlan 27| 16 | (OF WHEATLEY & Sows, CHARLOTTETOWN, a oS oe SS > | The penal clauses in these Acts are asa/leave in doubt what the punishment may otha | yal og 7 Qtatt s} 12! P. E, Istanp) 3 = cs ste Ak Se fact very different. The Liquor License/be, or judicious to put it in the power of a al Wednesday | 13 >| 8 14' 0 5‘ | 9 . . | - = re am ee 7 = . ” a Pas | Act (sec. 9) enacts that ‘‘any person who! private prosecutor to visit one offender with } Phursday ~ M4} 20, 9 10! 2 39 6 Hommission Merchant S fr A = Se" .2 = sells or barters liquor of any kind without/a light punishment and another with a 10) Friday | 36] Isto 18! 2 3 2) i Lane ae 2 0 = 3 = “a _ : : = license on po by law ee mts one for satiate - ve oflence. {1 Saturday | I?) JOR 16, 3 35 10 59 e pe _ ao me x oo Te : or a first offence incur a penalty of not | Without the saving words of the 14l1st sec- 12’Sunday ‘a 14m ra | 4 a Ee 269 BARRINGTON STREET, | a Oo | { 2 = ar 7 ho ‘less than $20 and not more than $50, and | tion a strong rc, da from the existence 13 Monday | 19) 12) 0 2316? > eo Ss FR 2 > for «a second offence makes the offender}of such an anomaly would undoubted) 14, Tuesday ) 2b Wt) b 247 31] | FIALIPAXS, W.- Ss.) yates A es 2 7 3 Bs & punishable with three amonth’s imprison-'exist that the legislature intended the er 15 Vedneaday | 23, 9 236 § 25) oa a3” Special attention given to the sale of | o @ - 1m le Minse Some Mees ‘ment, while the similar clause in the|provision to supersede the former, but Pek ge ay ‘| 3 4 : on ped P. E. [sland produce. zs 3 td] >. &D —3 .s wos Ss 8 Canada Temperance Act (sec. 100) evacts| must not the express enactment of this sec- ool ee a. at ; : aren oa 37| April 24, 1884. ra & = rs os. : OQ = Ss that ‘‘ whoever exposes, keeps for sale, | tion be maintained rather than by putting “ satan ~ 4 6 asi 5s| 4) a veiled S eae = a4 es Hr 2 a 5 : = gus o 8 i = ae one —_ eee on rd it - — ve ane ORNS the — of lait a 0 7 Be ay) 3 ~ = - 246 8 © & «= shall be punishable for a first offence with a|implied repea) seek to obtain conformity in a a has 1] = o 3 tslmorn | 7 | WEST & RENDELL, = ce = = >a So = a . © th ay tfne of = —— er for . ao of punlsbmatt. g2/\Vedaesday | 32 56'9 44/0 6] 24) ce z H 3 8S) 2 tO See >, not jess than $100, and for athird by im-| What is this offe It is a violation 23) Charsd o 33, §410 35 0 40, 21] Commission Merchants = Fama 2 es > = | mw eS -< prisonment fora term not exceeding twol the ig Saseeien oo) aa o ¥ = 33| 53.1t 22) 1 16 is | 0 : j s ' eS = ? Be s ia aes = months; and the former statute gives an| matter under what statute you prosecute 2) urday 30, Shaft 6 1 53] is] . J > a f y = fe 7 ~ Bs n NS wv = | appeal in every case, while the latter takes or how you frame the conviction. The 26, Sunday | 33, 43) 0 40 2 42 12) St. Jolin S, Newfoundland. = - i ~~ & a. > > ro GI | away the right of appeal, when the convic-| mode of procedure, the limitation of action, 27" abo sday 41] 47! i “0 3 37 9 | Chiieendetld 8 28S | eg aled pe ses = a oe bt Oe | tion is made by a Stipendiary Magistrate, |and degree of punishment, are in this Act 25{ Tues tay “ 2 : a ‘ * a Bn ge s solicited. Liberal advances = ea _ < ap a FS q 34 se =~ , Recorder, ete. ____. |particularly set forth. To prosecute under Z Aree, my tice “i253 7 9 0| July 25, 1884,—9aw 4m =. Se ‘ S 5s > fa 7, = 5 5 = The clauses in the License Act under/the License Act you mst do so under éts si\fridey - | 43g a2 324 8 919 all clilidlcrscseh seeceenigmnrnitimanmaiinee annealed = fx an ” oO be Ss 4 | which this contention is sovght to be upheld! provisions as to procedure, limitation of ; eas ' ia rad ae oOo > BH # DOD af are the 141st, the 145th, and the 83rd and|action, and degree of punishment, all of mire } Gray MTaTa ) AEPL4S, APPLES, APPi by, = ne = = “> oy jae _ ,Stth, the I4lst section enacts “‘nothing} which are different from those of i it HALL W AY TUas TABLE. = po 2s fi © Gs Gy fy + in the foregoing provisions of this Act shall]/the former Act; in doing 0, you —— - eis = A, hu Ay 5 | be construed to affect or impair any of the|therefore wvecessarily affect or impair — CHARLES DONALD & CO., = oH a 3 0 rd ems .. | provisions of the Canada Temperance Act,|all the provisions of the Canada Temper- (Charlottetown Time.) : ae bh. ‘2 eg H 5 aac = | 1878, and no hotel, saloon, or shop license,|ance Act relating to procedure, appeal, : 79 Queen St, London, E. C., watt = °° QO 5 OOD 2 / Shall be issued or take effect within any | limitation of action, &c. Is it not indeed a ‘ ‘1 lott nies n "6 47 “9 12 a 2 , Will be glad fo correspond with Apple Grow- ae ~% = = | County, City, Town, Incorporated Village, | virtual repeal of the whole C. T. Act, ex- spoaentenears: cote ieee | mae ers, Merchants and Shippers, with a = tH ‘5 & ‘or Township in Canada within which the|cept its prohibitury principle? How cau uke ‘ 0 ot GG ae f view to Autumn and Spring 8 Ziad rae D 0 A = second part of the said Act has been|youdo this, or say that the Legisla‘ure in- ee ee ree 8 42 222 705 business. . od o> = | brought into force as by the said Act, | tended it, in the face of the 14let Section, st ATR dbes 907 1257 -o-| They willalso give the usual facilities to} Bea ro 2 = |previded or within which any by law for|whose apparent object is to pri serve in- Summerside, | depart. 927 232 § 37 | enstomers requiring advances. aug! ot & = ° <= prohibiting the sale of liquor under the| violate all the provisions of the Canada aw Te to .. iy 30 415 $$$ ________-________——__|™ mS = e |Temperance Act of 1864, or any|Temperance Act, and not its principle only. Sie 1205 657 ; saaepennemieteteel ~ —ers 86 Other Act is in force,’ and the] As to the first point I am inclined to the WU: . iccsncvakstee 1242 747 CAIRNS MARGIE Wi] * KS 145th section is as follows:—‘‘The sale|opinion that these Ac‘'s are not to be con- sment wrene, ie 2 a ik . ‘of liquor without licence in any municipality|strued as having the same obj-ct. The i NE SAIC 202 647 a ! . C)' i : ( : Fi where the Canada Temperance Act, 1878, |} object of the vue Act is to prohibit, while ee ce 240 757 AACR. CHARLES CAIRNS, in returning - jis in force shall nevertheless be a con-| that of the other is to restrict and licerse, Port H oe ae 415 10% M thanks t« the pnblic for the liberal —— | travention of sections 83rd and 84th of this/and the penal cleuses inthe one prohibit the . jarrive......517 1207 patronage extended to him, begs leave to in- ‘ge YY h n x Yq | Act, and the several provisions of this|sale of liquor wholly, in the other only i er * ( depart......542 122 6 57|form his old customers and the public general- \ ) KOO iW: MO RE GOO ) Q | Act shall have full force and effect in every | without hicevse ; in one sense entirely dif- Oe eit is 607 209 7230/ly, that he has taken into partuership Mr. {| 4 1 E e Ubi ho © such inunicipality except in so faras such|ferent offences, thongh it follows Fiant MAVORs 00 sssanhe 702 325 847| Malcolm McLean, and that hereafter the eiaeindielinet tap hitbaaiaaiblaale | provisions relate to granting license for the|that an infraction of the one is Chariakiotowe «oi coca etos 802 507 1007) business will be carried on under the title of sale of liquor by recail.” The 83rd and jan infraction of the other, where the ect ant, — a 1 QIAO LOWER PRICES I ‘84th sections are as follows: No person}Canada Temperance Act isin force. An Ciihdihines 3!) ..417 702 () AIRN S & CO., shall sell by wholesale or by retail any |offence ofttimes, however, falls within two » aweive fies véke 522 $37 Sel nee liquors without having first obtained a] distinct enactments in their ordinary mean- Mount Stewart, { dopart........527 902 Kf bj & St (; th 4 S my Store has been greatly enlarged, my importations have been greatly; licevse under chis Act author'zing him eo}ing. In @ recent case, it was observed St. Peter's... 6. cee eee ee eee reece 617 1002 al’ ie One ll ET's. A increased, thus enabling me to show a very much better assortment of | #9 do. ‘ _ | ‘that there was no principle of law or in- | 3 P. M. | Bs Goode than neva! 84th, “No person shall keep or have in|terpretation to s#uthorize a court to with- MED; . cco. voedecceeeccuewe urns 722 12 o2| a : ; . ; : nee iliac eal ‘any house, building, shop, eating hvuse, | draw a case from the express prohibitions of A. M.| They have on hand a fine stock of Monu- Every Department is well filled with Choice NEW GOODS, imported! saloon, or house of public entertainment, | one clause, on the ground that the offence Mount Stewart..........4+-...+.5 82 9 07) ments, Tablets and Headstones, in Italian and) direct from the English Markets, And, as 1 am bound to sustain my past! or in any room or place whatsover, any was also punishable by a different penalty Cardigan... .......-.ceeeeee++++-6 29 1022) American Marble. They are of the latest de- | reputation for selling Cheap Goods, those who patronize me will find my) liquors for the prrpose of sling, bartering|in another, neither could be held nuga- CHOOT YGCOWD 66. ee eee cece erences 6 47 10 47) signs, and at prices to suit all, Prices Low. jor trading therein, unless duly licensed|tury!’ How far the very enactment of FROM ! Mu. P.M, C. CAIRNS. thereto under the provisions of this Act.”|sec, 145, in the License Act, shows an i. oi. Pe, elie alaues 647 217 M. McLEAN. e Now, admitting in the first place thet the}intention on the part of the Legislature UMN S..... so caseese de Lenore 752 400) Ch’town, June 30, 1884—pres n e pat & j wp walit Good Assortment Lar é objects of the two Acts are identical and |itself to treat both offences as being of the Mo wart, | APTEVG see + eee 5 42 5 17 —_—_—— = b s that the offence legislated upon in each is|same nature, and identical it is difficult , > | depart........ 847 5 42) Old Sagcesstul Trustworth in its nature the same—for otherwise there|}to say. The learned Chief Justice, in Oharlobhetowe, &.. <2 6 science sous 952 7 27) ' » ' Jy, nit ates could be no conflict nor implied repeal—|the case Mitchell vs Brown 28, L. J. G rg we WD ecw ddshcdenpa 6 ceaenn : a oa CALL AND SEE U8; a is the i - - oe in|M. C., 55, which - ae ar CUBAN. ee cee eens terecececces a is matter, for it is only if from the enact-|}upon my attention r. Davies, the Mowat Stewait.....+creerers sees a O88 PU RELY Mi UTUAL, L E PROWSE ments of the later Act sans can gather an detent’ Counsel, ae his remarks ® ‘ '

inteation to repeal any part of a former/in these words: ‘‘When such specimens of

There ! legislation come before us we are driven

CONSIGNMENTS SOLICITED. H. O’DWYER, Commission aud General . Merchant POR Sala GFP, . 1. PRODUOE, 289 WATER STREET,

St. Johns’ Newfoundiand.

In connectioa with the above is Captain English, who is well known in P, E. Island,

No Stockholders, Dividends Annually.

ORGANIZED 1845.

NEW YORK LIFE INSURANCE CO. Cash Assets over $55,000,000.

McLEAN & MARTIN, Agents for P. E. Island. Chytown, Aug 27—2m 2aw wily

Sign of the Big Hat, 74 Queen SOree tenet ree ich fosbids eume

Ch’tawn, Sept. 96, 1884,—eod wkly

DORSEY, GOFF &CO’S. Celebrated Make of Boots " ane the lead all over the sland,

———-0

People say our Boots are Watertight, Good Fit, Very Cheap. and wear as

lative punishments for the same offence, or declares that two distinct remedies for the infraction of any law shall not co exist. There are, no doubt, two ways of inter- preting the 141st and the 145th sections, The first one (as contended for by the de- fendant’s counse}) limiting the words of the first-named section to a declaration gen- erally that the Canada Temperance Act shali remain in force when brought so by the vote of the people unimpaired, but that nevertheless all infractions of its provisions by way of the sale of liquor, shall be pun- ishable under the License Act. The other, that the words ‘‘affect” or ‘impair’ are to have their full force and meaning in the 14list Section, and

intentions of the legislature.” Any inter- pretion upon thia point seems to me must be largely conjectural. There is no doubt that the ostensible object of these Acts is widely different, though both prohibit the sale of liquor. It appears to me quite possible for the legislature to enact that a certain unlawful Act be punishable in either of two ways, and yet recognize that the person committing the act is actually guilty of two distinct offences.

In my best judgment the intention of the Legislature, as expressed in the sections under review, is to leave both Acts intact, without altering or impairing any of the provisions of the Canada Temperance Act, and so that an infraction of this Act may

to form the best conjecture we can as to t

who will take special charge of all consign- .- well as Custom KBeots. that every provision of the Canada} be puni " " arg Te , 3 : unishable under it, although such in- el vail a y th Focherial abe ee PEL N. J. CAMPBELL, —_—_—— 0- — Temperance Act shall be absolutely and Sactien may also be contianis under the

‘The firm is one of theoldest and most reli- (Successor to Campbell & Rayden) wholly unaffected and unimpaired by any of | Liquor License Act of 1883. able in Newfoundland Returns guaranteed ' the previous provisions of the License Act, ‘a

' ah he ° sal ine nal cl No. 91, and the jai to be prompt and satisfactory. Parties wish- A nan At d ( ii haut (including the penal clause, N .

i t @ ; i : procure Labradore Herring should d MISSi0 ale , appeal clanses before referred tc) and that The government is to make a free grant wr Dea ah - a ere Herring should sen neliGueey dil ( , Dd RSEY, GO FF & CoO section 145, is only to be read as giving an) to the Manitoba Southwestern and Mani- : Oh’ tow n, Sept. 18, 1884.—and whly additi nal alternative or cumulative remedy toba & Northwestern railways of the lands

SHIP BROKER,

formerly granted to them at a dollar an acre.

The Dublin corporation has appointed a

pt. 6, 1894.—till 3lst dee. ’34.

if found expedient or necessary. In the various cases I have examined, I

oO

o ARTEUR & CO.,|2*D ENSURANCE AGENT, T0 SPORTSMEN

GEN HRAL Goxmission Merchants, 12) ATLANTIC AVENUE,

(ROSS MARKET)

BOoOsTONW, MASSB.

COR. OF QUEEN AND WATER STS., Charlottetown, P. E. Isiand.

Importer and Jekber of Cheice| Greceries and Spices. General Agent for P. E. Island of the) British Empire Mutual Life Assurance Conm- | pany, of London, Lnyland ’ Special attention given to Auction Sales of Lumber, Coal, Fish, Apples and other Fruit, Real Estate, Household Furniture, Bankrupt, and other Stocks, and all kinds of Merehan- |

lige. }

Muy 16, 1984 whly Uf

March 28, 1884

Correspondence and Consign enta solicited, W Returns prowptly mete .

ROOFING FELT,

TARRED PAPFR,

DRY SHEATHING PAPER, PITCH,

PORTLAND CEMENT, SHEET LEAD,

ZINC,

NAILS,

| } |

Bouble & Single Barreled Guus,

Breech & Muzzie Leaders, Revelvers.

(Smith & Wessoy & Remingtons.)

arated fas for Shoot: 5: A large stock of above selling very cheap eal A LARGE sTrooxzk *'™. “> wie LPewees. cs ee Ree Sept. 25, ‘S4--4w twa w..

> opt, 25, ‘S4—la twa wk

BU f LDERS. ‘ean find no clavse similar to our 141st in|

'the conflicting statutes, there under review, |committee to consider a plan for renaming jand where the doctrine of the implied re-|the streets after national events and per- peal of penal acts is sustained. Its lan-| sons.

'guaze is very comprehensive, and for ougit O h "Or ah: Maanfieuth | that appears on the face of the statute pi a vera thousand signatures to the Sco me ee aol : P‘F"! Act petition have been stolen from the

‘posely so. It can be given its fullest ex-| : ; pression, only by bolding that the remedy |aher t's office of Northumberland and

given by section 145, is an additional one.

/Take indeed, for instance, the appeal! The United States and Canada labour clarses in the several acts. Sec 123 of the/ federation congress is in session at Chicago. Lic: nse Act, gives an appeal in every cate, See. Ill of the Canada Temperance Act,

There is ssid to be wide divergence of opinion in the British cabinet on the Boer

says there shall be no appeal in certain bi cases. Now, if you must prosecute under PF? + res ,the License Act, where there isan appeal, Portu al has failed in an attempt to cones

do you not dircetly affect (in fatt repeal) vince of her to the Congo.

a