"THE_QHARLOTTETOWN GUARDIAN

PAGE SIX AUGUST 9, 1941

ordinary way and upon payment of the usual fee. and without my

Join the lovable Bumsteede on n rhythm —- roaring cruise o_-_...i_

mgaiifiir j “Blondie Goes Latin" NIGHT '1 — I ' W111]

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CENTRAL GUARDIAN

This column ls reserved for news of local Interest, but advertising ef a newly naiu s ma! be inserted at I cents a word, strictly pay- nhle in advance.

You'll enjoy Morse’: Standard

certificate of comliotcncy. l“!!! W (the respondent) Michael Egan. e license to operate motor vehicles in the Province oi’ Prince Edward Isian " was lsued without jurisdic- tion and was absolutel ineffective to compel the Provincial Secretary

WDDD ISLANDS-DAIIIBDD can FERRY sanvic:

Daily sollings of Ferry "PRINCEHNOVA" are, Including

i, {l , i 1 l, ,. cnsswans. rol- Photographs. _ u, m“, m, noon“, . I If‘ i i CONFEDEBATION LIFE msua Sgflievaatin theMalllrliilllile thgctaffel: I m‘ mmﬁm’ °l u“ “mm Sundays’ fro"! W0“ bland‘ a. 7 AM" n AM’ a“? 3 PM- , ‘I’ z N E_ [F978, d P k 8c _ _t, that the Provincial Secretary gas and from Conboo at 9A.M._, I PM. and 5 PM. Atlantic Stond_ a“ a‘ , w“ Am?“- m mm ‘ rm ers. onnoisseurs say I l gilgefgekicmittegltdgxgmbceqoégwtird Ii: crd Time. Late trips on Friday, Saturday and Sunday cre dis- 52 "d," “w,” Kennedy?‘ Lung. excellent. and m“ m’ county Jud“ h“ m, continued until further notice.

M8,, I, are spending a month at Char. pellent and the intervenant, the cribed, claim to be llgjﬂlwd to“: nothing em l l! "L ' lllitggttsowqlllrgec 134123;" Hlilizlgs agndulltzdi gugli‘ oéouhltes’ hiilugloyjuggdulgtiollil abrttliblillllgtywaplirillzylaolnotor The appeﬂi 0f the Prmfiﬂcirl 5*" This process is used by a" the large moth . y - - ~ u . - I - . lg/Zsl}. »,, ~ , wc daughters. the Misses Mar- 0,, appseal from the refusal of the vehicle; and if he passes the pres- crelary should have been allowed proofing firms in America. Annual Larvexmg ' "ii i‘ “ > gm‘ “d Thm“ Hayes °i M°“°' Provincial Secretary of the Pro- cribed ms: the license dial! not be by the Supreme Court ch Muc and Saves. ' M i011. N- B- ' the order of the County Court d) vince of Prince Edward Island to refused (6). ii‘. i" Regretful farewells were said iruiiiic. for the year 1940. l driver’! It ls after the above transcribed Judge Should have been set “mm we have Lane‘ In one gallon container!‘ l‘; ‘ this week to Mrs Thomas R. Juck- license to the respondent. subsecﬂon 4 5 Ind 3 ma; Bub. Th“ would have been the end c! "lip .- son and young son Ralph of West Subsection '1 of Section l! of The new,“ 7 appkars m section 3, u“ "wit"? “id m‘ °my d° I "We 211.53 l ‘ myiiiiy- Wii° 1°“ iii‘ C" Mfihfihy HWhWay Traffic Act under which It is clear therefore that. the “lit” “,"=,,,s“i;'°',§,° Cowl: than u; & "511 mornln for Brand , M it b . ° ' ‘ vew o e ec on. " was no n bk; W3 ‘ where giro will joinonlier lzlallllbiolllzil tile 1:15 paiieﬂioégittiatéff ggérig: twlo c?“ m which a liters“! a‘? necessary to consider the question i ’ JACK CARSON who is stationed ln the n. c. A. F. hfspeamqéy been rep,od~uced_ Th,“ l‘ e": "i" iiliami “Mi ‘i8 C°“_“'Y of the ultra vires of Section a4 (l) 4 them’ ti‘ l ri ht of appeal Cour Judge “n er sec on are‘ of The Highway Traffic Act"; but, wit, subs“: on Eves T g . (l) when the" h” bee“ 5' m" w‘th respect m view is that the L 17844341 lziévw’ . SLIBRENCE BATES to thie Cgungy Ctgllrtréttaugmiy graze: 3,5,1 o, the Department to grant g supreme Canny was not legally the Provmc! l Be t {mu 5i | NEYBI-ACKMER ’§§‘§"‘°‘e y ° “"5” ‘i’ m“ °‘”“" °' i "iii-m" seized of that question and it had ‘i °"° “Y ° . -° - >. partmcrlt to grant a iioeiise- °r motor vehicle, eilher without being Province of Prince Edward T!:lil'l(l. Q u I‘ 14%,‘? Wallace Beery In by the revocaiiimTiii a iiceiisedimair or after he has been subjected to a S; jgllifrsélticrgsgo pm upon it in ""160: i/hirlniiﬂrvlﬂlﬂiil. the Attor- a , . - , v this Section." o my mn . e 095g, a to his competency, his fit- ' __ ney nera ofPrnce Edward Island ——--' l 4 _2 The Bad Man words “under this secmmn qualify “e55 gr ms abmy to an” such a The above reasons are sufficcnt I have no doubt. so n“, that the .."l‘his column is reserved l0] p ,. , i—-- t t ' to allow the appeal o! the appellant ' . news of local Interest. but adver- r ‘e i ~'ﬁ*ii'i-"‘-'-'-'-'- '-'-'-'-'- AT CAPITOL THEATRE S‘SIDE “i” m” ‘eiusah’! i“ 13°?“ m“ "ma" mprem” 0°“ °i and‘ ii" tiling of a bum nature may b. 9% i _____ ' to grant a license and the revoca- (2) when mere has been a m. —— ._ Jurisdiction to entertain the appeal Inserted at 3 cents s word. slrlctlj ‘ . A large audience thrilled to the tion of a license. It must have been vocation o, the License under sum on the grounds just mentioned, rliilbll ﬂHHVf-‘l- -.-.-.v.-.-.-.-.nam picture “Tile Bad Man" which a refusal or a rei/Ociiiimi "Wider section s. where it appeared to the and that is f0 my: oh the question ‘ of the respective jurisdiction of the - -'5oURT5 5ND BAY FORTUNI

stampedes and bandits chases are siibseciim i5l- It “lbw! m“ ii W" n” m9 PM" ENGLISH —Write To-Day for Complete Calendar- 1 l 1 m d, .1, 1 "If it appchrs t0 the Department vincial secretary wh refused th glfnlzfirvli/(lbgjygs? Inrllfns :11: cglltllireds that there ls reason to believe that 155,18 o; a “ca,” to ‘ﬁe respond“; _ h~+==r~> any person. who holds a license within the meaniﬂS or Section a; TROUT FLIES MOUNT ALUSON SCHOOL FOR GIRLS grnaicirbyg Cam-ﬁning‘) lxteswﬁnclitbretlam whtilsn said that Miss Constance Young. MA... Principal . ~ ’ » - '1 ~ - ‘ . e vrcm see. . l,‘ ,< MR_ M0TOR|sT ease or physical disability likely to w“ m; enmled to a ncema Th, I qspecjaljy [n sjze 11) A Residential school for girls of high school age providing v-l - -~ i. . cause the driving by him of a Provincial secretary was not exer- progressive education leading to University Matriculation. i_ ;" Your Cur nccds It-we have mnlw-.. - ci-iius any discretion in wlthhold- and 12 hooks Dramatics, Physical Education, mule, An; and Crafts, in. p as ‘m ; g 7 41.555. -_:_-,I.\¢.-g'i-'-'\-\ - bicoumw‘ I in; n, license tlrom tn; resporiéiezihr; eluded in Educational prpgnm, ., __ i, . ,__ ~ e was mercy carr fig ou e _ ,, i f.‘ _ _ r. c. anyci-orfcoidboro, n. 5.; mssmvgff S2‘;;£:'NG Mount Alllson provisions of the law, and he had Also The School opens on September 9 i; r . i » Maritime Pilots z. iiﬁzmir". “?i‘.i"°é" ' P“, am, t, m," 2: .5.Z$.'.fi.‘§“n“n§*§l§i2€.".“.§"ni‘ -""" “icic- ,< ’; ' _ -- - _-i - - - fir!!!) l_ - and a complete line of Acccs- y a c F *1‘ ~ v I necﬁ“, w- 2:2; ;-..i-..:".l:*.~.i.:m.i::.:; 3"“ ,,, , , , , i‘ 8§‘....;““‘85i'.‘é"...'.§}.. 2....:, m“ ""8 “our” ALL-W Accvrur i mgs m“ "-3-? M- D- Ri°°hi°rh Biiiiiiirri- m "shod? lags-sf ‘Ima- Mell ﬂllll WDIIIBII "“°“““ia“°°“' siibmiw“ 7 °i 5"‘ I Come in and look them a‘ COMMERCIAL COLLEGE b,“ i I N- B- . “mm A “lemma 3L1 :8 iiipvlcliirgiugg golﬁng . Li. Col. w. '1'. n. ﬂeminlion, (Headmaster on Leave) . i l r ' Si _ g , m-TAWA, m,‘ 1 4GP, _ A fiestas; lesser“: covariances 1i“- M mum HUGHES ﬁsh-mm,’ washthveyrietfgre, no acct; I m," L. Ross Glenn, M.A., Acting Headmaster i . r V0 B1 TIC -— , - l O ~ l - ~ gfvllald (lfhexlouikllgu pug: todg r” creative pursuits. " m om masgfklzglsidgit Bofnlillloigt‘, Alli-ugh as the lattggeprofessed unﬁt’; ' Tlmmlmmy-A manna“ 5°h°°i i" 3°71 5°91 Jimii" i ; i cap, W f, “Cuffs ofg}, eff —Aibert Einstein. University. anrlguncednetht weetk the Judge of the County cool-i of ' Qgﬁursjiizffnsiihwg- "i" "i9 Universities R- M- 6'- Moi" i 3 ' ‘ ‘ ‘ ' ‘ _ ' --_- that. he exprct. a1 Pﬂrime“ 5 Queen's County. The order made b v T we!’ mm‘ 5° °°li H" -c- 5- F» “@- fnanding the No. Z Service Flymg STALINS ORHHN o; Mm“, Allison w open without m Y comment‘! c n ! l T, l l I l ‘L _b U l d5 i ~ . e said Judge tothe Department o! I ° 989-0!‘ My! 111d klrls. secretarial, Short- ; mrapgrag scioo 1 nml y l) an i sum‘ ‘cmauy u n“.1_ ggrhousmsuéltalmgrilt sgéedoctpltftmbﬁe ﬁgguldpfgggrzfllallllslegprﬁgzzo ‘mink hand and ‘Wpewritinl. Book-keeping, ﬁling, em, I H ; ‘£0118 the graduates were. slim but s Geo ian. we a" We“ to My who"! ﬁr?rggnsglrortalaeoaoéadtg-agxijeélmdma _hnuﬁ— c DRUQ QTQRE Residence opens on September 8 ‘éﬁiiiz ‘iiiﬁi- iii“ iii‘ éfii§ziidbiniiii'“piiliiél .21‘: —i~=-~= cum»- --~ w» w»- u n ;:.i.,":.:..'°.'::::;":..::“i:.:: §¥F53l%’i$’§.3’£§“l% i; L UNCHES El I E parents continue their education and thus Served D i i i‘ ' be bl oi . “r "3

-. i E El THE EXCHANGE srona onmgfnnxllghe ifiaéigasing vigil‘: Eirlllblﬂon Week

5- g g 108 Rlchmiiﬂfl Sire" blgngil-OTTBZC of engineers, dentists. at theGl-estgugimtdunder

'- doctors, physicists, chemists, maﬁle- ran 8ft

l PM“ '59 malicious. linguists and specialised in a“ f

' i ' E‘ i” i‘ W‘ i" ° UNIVERSITY

: g All our _SU .\ll\l|ER DRESSES Reduced. Sheers, El L 2M 8 a a‘ Gh§,f,.t,",,'§,en;}’t 1?,I‘p,,,‘}f,§‘e,,,,_" "gig Charlottetown f’ l. crepospJci-zgy, aces, etc. $1 to $5 E] _ .1. -;;:_- g“ all?‘ gecmrruerisctcllnrércéiaélridnvltrg; v Hospital wonfvnlng’ "(W5 333715 . m l," F0fm0ll) .,-.9S to $8.95 n n E] I iguitilriuunless immediate steps m [.-lll8-’I-29-31-8 so romeo i ' ' a en o meet this need. ' ' ' 5"” Long and short sleeve sweaters . . .. .980 g HQW Afe I Graduate my‘: leldluo b Mme vi 14-h. 14-81». 313-. W! i‘ ‘ _ i Master o. v_ 1 Hats Straws and Felts ............98c to $1.79 @ Poulg-oyﬁerdmlllelllulddiauodeqﬂﬂhlrhudﬂdenoqﬂeun- ' oinics o. . ‘on; All our new spring coats oar g YQur Eyes? w d E slllllllll. “m, ma“ “d,” h ..,,,,,,,,_.. m, ..A,,,,,,,,,,,, cm, .. . - i a ' - iii w‘ Nova Sc l _ l TAILORED SUITS . . . 1 a oar E n m m Mm‘ m" , .1788 oi. a o“ m“ m” h uuum M "d3: h m m: ' . r r f g | _ h anon" ore ee to quill-y to: the Teacher's Hoense e Prod!“ . _. __ {'4 p} 7 only last year coats .84 E g"; Qjigwmﬁ: _ Wan}, , unducate’ the who“ Bu”, Noveﬂooiieeud lliedegreeolhehsicrlnldueetiion. g grit“ Q's ' . ‘o n5. no.1 ' specialist- mmd 1 b0 t To f d] THE ACADEMY Three-reerocumlﬂdiuoicllimllllllluiillil- -".'i t» _ , s n a u cores o e ightful and histori mg..." ﬁne-year eeueee leedin to e certificate in Secretarial 3o!!!"- -. ‘i- ' , Play Suits "w. .. . . .. ....-.-..... ....... 1-8 OFF E3 ﬂlwggn"u".la ;'i§:,i,,,{;,';; Football, Hockey, Tennis. Rlcins. Manual Bainlrcigfrgispqg, I 0F ‘emu UNIVERSITY Three-veer owns in 113;: , with diplmu leediag to line! “ “ - Tennis Skirts or!‘ |§| weir-cur: service im- w"- "immi" m- i- iiggii-,i",,,'i,,,~-i-,rg,,i~gig-,q-ii rwriu Nov-Scoo- ecmﬁcllmudlkilll niversily- , ﬁ an h ‘n; 4mm- ymn- U"jvers|ty__Busjneskciﬂzenshlp ' n Izceliel... N Two-year course leudinq to diplomas in Household locasmlce. ‘ ," j @ E] ""'°"'""' Canada's Oldest Reslden ial School llli."..i.."""'nl rLZJJ-“HZihrTiTnT ‘ "'”""““l' P"'D"“‘l' 7”!" “a hmwm‘ w ' ' . F E FA CURRICULUM f—DIl| a: ed . i" Ea G. F. llllTDlIGSDlI Term Begins Se“ 16th “"““'°“""'“ ""~ ' mails. well-non - mason sun calm-mu: salmon!!! "i a Next door to Cudmore Bros. T i For calendar m». ml: i» mﬁlﬂi-nllwﬂﬁﬁﬁ? rilcuurv - nxonsnrr ovmulsiuu rlirnswmmmo r001- 4. _ ‘ E t a nmcnusou ' REV. GERALD WIIITI. M.A., i-gnivoniiy llelsianhln, P“ Inbﬂnmm ‘n!’ u. a“ mwh.“ i». ' u. l. uurcuxsun "Mil-W'- ‘ '1‘ """"' - ' . ' ii‘ ' ii ..

and HOWL!

— CAPI TOL—

— COMING —

SHO“'S AT

Ready to Wear. 154 Great George Street. LJOZ-a-B-Zi.

__li"_"i..sii.‘ifiiii?°ilf' “EP'E_EK' " "i"! §r_ii.ml___ SLEEIAL -=- MDlL-TIIES. -=- BE EARLY A RIOTof LAUGHS!

enjoying a well earned vacation at Stanhope Beach.

Mr. Herbert Lowther returned u; Charlottetown after visiting amp. aud, and Victoria.

Mrs. Joseph M. Reed and Mrs. Adin Bailey of Rockwood, Mass., are visiting their brother, John S. Stewart, Caledonia. brother at High Bank.

Mrs. Elizabeth Fitzgerald and granddaughter Joan of Dorches- ler, Mass, arrived on the Island Monday and hopes to see her many friends again. They are the guess of Mr. and Mrs. Arthur Chllver, st. Peters Bay.

Mr. and Mrs. J. T. Collings and family of Saint John, N. 13., who

opened at the capitol Theatre last evening, their favourite, Wallace Beery teamed with Lionel Barry. more made a lnrfect. combination of fun. Wallace Beery as Pancho

and another

Following is s. continuation of the judgment given recently in the Supreme Court of Canada in the case of the Provincial Secretary of the Province of Prince Edward Is- land (appellant) and Michael Egan (respondent) and The Attorney General of Prince Edward Island ‘(IntervenanU in Qnnection with tlic cancellation of a motor vehicle icense:

Mr. Justice Riniret (continued):

The first question to be examined is whether, as contended by the ap-

tliis section,’ to wit: under Section s o; ire Traffic Act.

section 8 deals with chauffeurs’ and drivers‘ licenses. It enacts that every person shall, before driving a

Ill moron LIDENSE oils: aivail RECENTLY AT unawa-

motor vehicle lo be a source of danger to the public and, on in- quiry into the matter, the Depart- ment is satisfied that he Ln not competent to drive or is suffering from such s, disease or disability. then, whether or not such licensee has previously passed a test under this Section, the Department may, after giving him notice of its in- tention so to do, revoke the license.

"Provided that the licensee may except in the cases of such diseases and disabilities as may be pres-

Department that there was reason to believe that the person holding s license was not competent io drive, or was suffering from a disease or physical disability likely to cause

jurisdiction to make the order and that, on that ground. his appeal should have been maintained by

and the refusal of s reissue is im- perative.

I must new Droeed to state thi‘ conseq which, in my humble opinion, must be deduced from the conclusion just reached.

There being no jurisdiction In the County Court Judge of Queen's County to hear the appeal of the respondent nfld to make an)‘ order as a result of such appeal, there was no i-‘sht of appeal, if any. to

the Supreme Court en bane, except '

on the question of the jurisdiction of the County Court Judge.

The Supreme Court en bane could decide, and 1n this case should have decided, that the County Court Judge 9f Queen's County was with- out jurisdiction and that his order was not. competently rgade, but

TDlllllSTS ATTENTIDN

IIDRTIIIIMBERLAIID FElllllhES LTD.

. ‘ s. Bill's usi crux _ . f" l)! ‘o l Y erglwgxg: Ebgasngzkivgiib. the supreme Court en bane. ‘ Ghoul MYm°'" cablegram from England announ- I “F” Wm‘ m“ Aiwrmy Gen‘ i l. and pngcnd; |° 6|“! the safe arrival of hel- hus- eral of Prince Edward Island that ,| band with the Canadian Army, 1 it would be inconceivable that the go nuts to prove p I Legislature would have intetnded w . ersona grant an appeal from s re usal by i“ comeonover ____ s E the Provincial Secretary in cases Mr. Vernon Blanchard i; 110w where the cancellation is automatic

LOST

$200,000,000

blankets moth proofcd

Annually From Moths

Have your furniture rugs, carpets, clothes

Our expert workmen will go to your house -or we will rent you the LARVEX sprayer-or have it done here at our shop.

by our Larvex process.

supreme Court en banc and of the County Court of Queen's County‘ (To Be Continued)

Services. Sunday. Ailitllst 10th. Sourls ii A. M. Bal Fortune 3 P. . Reverend H. R Bell. special preacher. L-ZIiK-B-il-li

.Z)i)-—'i.00 -_ s45 Lopez. a whimsical biiifiii _ Whfi motor vehicle on a highway. in any the drmng by mm m be, “u,” o; H“ __ "huh (“no Conway igrlrlmsnhthrouglli high ildtlleiitdle arid year, my a certain fee t0 the De- danger to the pubnél etc‘ > Chun- 4 — M- ul — "Kiri: 0i 1 ‘S a“. m” “‘ ‘ ‘ S M" vririmchf and chihih 1‘- lirchsc f°r Section a of the Traffic Act con- . The Royal tlonnlod" iiiresiiii“ dimmer ‘is ‘he swash‘ thatiear-Itsiaics Whﬂtthclicchsc tains fifteen oiiicr subsections‘ but Owing to the aniici ated _ buckling Robin Hood oi tile range. 51m“ contain provides 1o;- Lhe they are not mawrm m. the'pu,._ in“ f t . t f p old ° u n I s o n GENE AUTRY_ _ _ Barrymore provides more comedy ciinngcs of address and then. i" poses of this appeal and they do Hon‘: ‘veekqurgis alllgiliary 9

THE SIX-GUN ACTION KING ...BACK IN ANOTHER RANGE- l-AND Hi n.

as the witty old rancher who is not afraid to answer back.

“The story deals with a group of “tenderfeeﬂ on a cattle ranch. their lives complicated by a lovc af- fair and by a fight betiveon a bank- er and oil swlndler seeking to take the property for oil development.

subsections 4, 5 and 6. stiPumws that

"Every owner of a registered motor vehicle shall be entitled i0 receive an operator's license free 0f charge. and shall produce a certifi- cate of qualification to opcrhfe a motor vehicle, or such other evi-

not affect the application o! sub- sections 4, 5. 8 and ‘f.

In this case, there was no refusal of the Department to grant n. ll- ochse. 0r there was no revocation of, a license under Section 8.

It was not the Department. or the Provincial Secretary of the

office has been opened in City Hall in co-operaiion with the Tourist Bureau. iii-i..- L-247-8-9-3i

Educational Institutions Sackviile, New Brunswick

l~ _

. Into this rides Becry as Pancho :—---_ Lopez. The lending man i5 his dfilre 0f qiihiifiriiiiﬂii a5 Shall be Province, who refused to grant a Y friend. So he proceeds to straighten Sﬂiriflriﬂry t0 the Secretary “)- license within the meaning of cub-

norm“ w‘ W‘ fli. i i guano ;i_ ii- i _,

Laraine Day provide the romance. Nydla Westinan ls the fllltiery daughter of the banker, mid Chill Wills, cowboy comedian of “Boom Town," again distinguishes him- self. Tom Conway, Henry Travers, Chris-Pin Martin and Charles Ste- vens are other principals.

Richard ‘ffcrpe direct!) with deft skill, and the outdoor‘ photog- raphy by Clyde De vlnna is beau- tiful, David shell wrote an effec- tive musical score. Thrills of cattle

suffering from any disease or dis- ability, the Department shall re- fuse to grant '.ie license; provided that the applicant. except in the case of diseases and disabilities as may be prescribed. may claim to be subjected to a test as to his com- petency, or as to his fitness. or abil- ity, to drive a motor vehicle: and if he passes 1P6 prescribed test. and is not otherwise disqualified, the license shall not be refused by rea- 5011 only of the provisions of this

of twelve months under Section 84 (sub-action 1 a) of the Traffic Act, on account of il-e fact that the respondent had been convicted of driving a vehicle while under the influence of intoxicating liquor, and the Act itself prescribes that, in such a case, "the Provincial Se- vwlﬂﬂfy shall not issue a. license to any person during the period for which his license has been cancel- led or suspended under this Sec- tion", i. e. under Section 84.

FLIE S

We still have in stock

a good assortment of

G. J. Trueman, M.A., Ph.D., D.C.L., President

out everything by applying his “U. fr°m the iiipfiuﬁiiiii“ 1°‘ sections 4 and 5 of secvon 8. The bandits ethics, m the comical con- ﬂlhcrivise, it appears that the app i- license of the respondent W95 ﬂiilo‘ Den." m Am - - 1.10m; In! Music sternation. Ronald Reagan and “r1515 "Oi wmlieiﬂlt to drive or is maticaily suspended for a period ﬁne M“ ' '

Certificate courses in Engineering, Teacher Training com- merce, Home E's-enemies, and secretarial.

Courses preparatory to Law, Medicine, Theology, Dentistry, Scholarships and Bursaries available for s number of good students st entrance and throughout course.

Canadian officers’ Training Corps conducted during school year.

Residential accommodations for both men and women.

Open for new students, September 22 First Term begins September 24