IOll-VIOODT

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SUPREME IIIIIIIIT JUDGMENT IN MOTOR LICENSE BASE GIVEN RECENTLY AT IITTIIWII

following is a continuation‘ of territory of Prince Edward Island. up iudgment given NNMLY in the The Criminal Coda provides for an supreme Court of Canada in the order prohibiting a person from use of the Provincial Secretary of driving, irtggpeclil" 0g whether g the Province of Prince Edward ls- license ha, been issued w him o, lspd iappellant) and Michael Egan not. The automatic cancellation of (respondent) and The Attorney the Prince Edward Island license oellerel of Prince Edward island would not. of itself. prevent me listen-chant) in Qnnoctfon with person affected by it from obtaining it: cancellation of a motor vehicle a driver's license in other provinces. license: It cannot be open to contention for a moment that the imposing of such a. penalty Ior enforcing a law oi llze competency of Prince Edward Island is an interference with uinlinsl law, under section 9i. subs 27. Regina v. Wsson, l7 OAR. 221. at p. 249. If is not an additional penalty imposed for a violation of the Criminal law. It provides for s civil disability arising out of a conviction for a criminal offence. The right of building highways and of operating them within a province, whether under direct authority of the Government, or by means of independent companies or municipalities. L! wholly within the purview of the province (O'Brien v. Allen. S0 SCR. 340), and so is the right to provide for the safety of circulation and traffic on sucll highways. The aspect of that field is wholly provincial. both from the point of view of the use of the highway and of the use of vehicles. It has to do with the civil regulation of the use of highwavs and personal property. the protec- tlon of the persons and property of the citiaens. lite prevention of nuisances and the suppressed of conditions calculated to make cir- culation and traffic dangerous. Buh is. amongst others, the provin- cial aspect of Section 84 of the Highway Traffic Act. It has noth- ing to do with the Dominion aspect of the creation of a crime and its punishment. And it cannot be said that the Dominlon, while constitu- ting the criminal offence of driving

lion. Justice Rinfref. (continued).

The Attorney General for Ontario contended that. even though it be found that Section 265 ('1) of the Criminal Code is lntra virea oi the Parliament of Canada. it is rwt in conflict with provincial legislation providing that, upon conviction of s person for driving a motor vehicle while under the influence oi intoxicating liquors or drugs. his license. or permit, to drive. shall be suspended. He relied upon Grand Trunk Railway v. Attorney General oi Canada (1907) A.C. O6, at page 68

lie submitted that the control of the roads and highways and the regulation of the ‘Pmfflc thereon are matzcrs within s92 of the B.N.A. Act assigned exclusively to the legislatures of the provinces: Head Isnd other licenses in order to the rllslng of a revenue for Provincial, local, or Municipal Purposes"; Head 13. Property and Civil Rights in the Province"; Head I6. "Gener- llly all Hatters of a merely local or _ fllvsts Nature in the Province."

The words "and other licenses" lllvc been held not ejusdem gencrfs ‘ll-ll "limp. saloon. tavernauction- w‘ by which Head a is introduced. (Brewers and Malsiers’ Association ' ‘"0111? General for Ontario 0097i AC. 231; Attorney General for Manitoba v. Manitoba License Holders‘ Association (1902) A,C. T3; Shannon v. Lower Mainland Dairy Products Board (i938) AC. ‘I06. at Wm.) In tire latter case. Lord At- illl said: "It cannot. as their lord- ‘Illlll lhlhlt. be an objection to a

certain penalties therefor. has ln- vaded the whole field in such a way n to exclude all provincial 111F15-

lllltme plus a fee that it is diction. It mnrlot have superseded iinctcd both to the regulation Section 84. which was obviously vi trade and u; the pro- made iron- the provincial aspect of

defining the Want to use the 111811- - ays in Prince Edward Island and intended to operate in a Dull?!‘ Provincial field.

(To Be Continued)

ll-llvn of revenue." (The Attorney lltlltlsl of Prince Edward Island llw contended ma: both sections if the Criminal Code and of the llllllv»: Traffic Act could validly tllllslst together and that Section l“ l" or we Criminal Code had no lllttl wherever on the validity of

NEW HAVEN SCHOOL

while intoxicated and providing for ‘

‘Iblscolunsahraarvadfosaawsat

aneisy natnanaybalmg-gg allocates p’. lbleiaadvanea.

CBASWILL for Photograph;

oolvnrnma o up; wor- “ " “$35

000K! for HEW b-lm- -z-ti. Juh so

l Tovnlsrs AND vlsrroas call

' d . ‘dauwfi. °“’ “°""ifl‘sls-f3‘l’§fii

CHURCH slllgClagigugt 1:9,,

‘ Cardhran . . lP. M. Rev. Edwin Whig, Modules},

342-8-14-11.

MINERAL FRED , _ .

eral of the late Tjlgilfiltulnnt,

will take place from 5t. John's

Church. St. Eleanors, Prida mom.

ling at ll o'clock Standard Time.

l CEXTBAL PARISH cannon

I Sl-lnvrcns for slmday. August 1m.

.Nine Lille Creek ll A. M. c

l Cove 3 P. M. Churchill 7.30 P. M.

Rev. T W. Goodwill. Minister.

Is-SN-l-ls-li.

HARD COAL CARGO-We ex- pect a vessel next week with g W30 of D. L. and W. hard coal. Householders should arr-an e 1p "O" their requirements whie dis. chewing. A. PICKARD s: co.

IrSSS-S-liisdi.

COLLINS-MACDONALD — A prezty wedding tool; place at The Range parsonage when Rev. J. W. Williams united in marriage Prank John. son oi Mr. and Mrs. Lemuel

Collins, Cumberland Bay, and Jessie Blanche. daughter of Mr. and Mrs. Wallace MacDonald,

Cove Head Road. P. F. I. The cere. mony was rformed in the pre- sence of re solves and friends. ‘I'm couple were unattended. The bride looked charming in a street length gown oi dusky rose crepe made on

fitted lines featuring bracelet length sleeves and trimmed with shite. Her hat was an off-the-

face model in white and she car- ried a bouquet of sweet peas. Mr. and Mrs. Collins will reside at Cumberland Bay.-- Saint John Telegraph Journal, Aug. l2.

POST NUPTIAL SHOWER-A very pleasant evening was spent- on Tuesday June 17th, when a large number of friends and neighbors of Kingston and surrounding districts gathered at the homeoi Mr and Hrs. William Hounan. Elmwood to ten- der them a Mlcellaneous shower in honor of their recent marriage. To the strains of the wedding march. the bride and groom were escorted to their seats of honor by Vera Uvirlgstorl and Neil Campbell. They were then presented with many valuable and useful gifts bearing evidence oi their popularity. Tile heavily laden baskets were carried in by Miss Joyce Hooper and was Belle Smith. After the opening of the gifts by Miss Vera Livingston. Miss Jeanette Docherty. Miss Mary Clow read the accompanying verses. While Mix Georgie Docherly arran ged them on the table. The groom on behalf of the bride and himself in an appropriate reply thanked the donors one and all for their lovely gift and good wishes. All joined in singing For Il'.ey' Are Jolly Good Fellows. A dainty lunch was serv- ed by the ladies and the remainder of the evening was spent in danc- ing and social intercourse.

SATURDAY BRIDE-Urns oi gladioli were used to decorate the Church of St. Alban the Martyr for the wedding a: 2.30 o'clock Satur- day afternoon oi Mlss Dorothy Pbances Sandland. daughter of .\fr. and Mrs. A. ll‘. Saldland, to Mr. John Earl Cahlll, son of Mr. and Mrs. Peter J. Cahill, of Alberton, P. E. I.. Rev. CLO. Bruce officiat- ed and Dr. Harris Crowson played the wedding music. The bride who was given in marriage by her father wore a floor-lerlgwl model of white lace and net. the laz-e bodice fitted and designed with short puffed sleeves and a Sweet-

was in bouffant style. Her finger- tip veil of net. sent from Hollywood by a friend who had vvorn it at her weddlng, was arranged in cap effect with little clusters of orange blossoms at each side. She carried an arm bouquet of Sweetheart roses and her only orunmerlt was a string of pearls. The bridesmaid. Mia Aileen Walters. chose a floor-length gown of turquoise blue chiffon

The semi-annual examination of New I-Isven school was held on ‘Thursday. June 28. Tlhere were In large number of parents and vis - tors present. The pulllle W"? "- nmincd by their tclrber. Reta frlzzelL assisted bi’ MIS GU5- ‘Iiernev. Mrs. Michacl Murrhv. Mrs, Michael Devereux. and lifiss Wis B:yle. The foll-wuls l4 the llal of raise-winners: ‘

ll! Provincial Section M. ml lm respectfully of the opinion ll the field of the two enact- llllllle Li not co-exiensive; and it glalloi. therefore. necessary to pro- n““°°_ll\.'>0h the validity of Bec- °li 281 (7) of the Criminal Code. Tlle Dominion legislation would llltvent the offender from opera- s motor vehicle throughout

41 "during any period not es- pee-music: Jean Pollard and‘ Reding three years.“ It would not Al-x. Marv-via. Poem him from holding a license Perfect Attendance? Anli-l "ac-l ll accompanying a Mama,“ u nmlaali and Leo cevanagh. Pro-

glllllded for by the Prince Edward l "Ill legislation. The Provincial llation in question in this case lll Dlth and substance, within m, m“ °l lllbkcls assigned to the lncisl legislatures: it. is licens- lcslsl-uoa confined to the

llllil! Look! Liston!

lmisl for Old Ilene Wash

fiol-ncv in- i an», v- Helm Deveremr a Grade VIII: Eugene MacPhee. ‘

an“ v- Anflq Moi-Donal]. Grade IV: Velma Prizsell. Grade III: ndmn MacDounll. Grade II (at: mleen MscNevin.

“s...” ““‘z‘"i"l'.“" s... 1 a: arv . Grade I (b): Wilma Pollard. Grade f (o): Horenoe Anderson and Dalvey Pollard. A picnic had been planned by won-ion

THURSDAY. AUGUST III. ll l’. M. ‘I0 l l. H. DING CORNOLLYI OBCEISTIA

J. S. BIGSIIII

Gradevi: Alex VacNevin. l‘

Grade rr rel: Bernice Oass and‘ Montreal. was

l Gunner J. Walter

Auctioneer Ill‘ CUT TIRED ACNE‘ 143 Elm Av. Phone loos n“ @ I

fashioned will full skirt and fitted Jacket. She wore a shoulderlength vel in matching shade arrange- cd in cap effect and carried an arm bouquet of gladioli in shades of pale yellow and coral. Mr. Clarence Sand was best man and the ushers were Mr. Bob Mitchell and Mr. Jack Wllmore. The mother of the kid; In] in dusty pink sheer and ensemble with white accessories and a shoulder corsage of Talisman roses. Following a reception at the home of the bride's parents, llte couple left» for a motor trip through Western Ontario, the bride travel- ling in a frock of Queen's blue sheer designed on Princess linm with a matching turban and white accessories. Mrs. William Pyle, of among the out-oi- town guests-Ottawa Journal.

Personals

Mr. and Mrs. Herbert ‘lrscy.

o! the dislrfiut. but 0'- Sackvillc are spending a week tn

| Mr. and Mrs. CY. Steele are on “ s cruise to Cape Breton and Prince

cmz lsosrrrss. _ mlassr DANG! III: ‘SHSFQIJ? cw-lelgmnelfolfievI-IIIQ ‘h’ C” -.|1e.... taeatalhtoslzilgas by the Women’; Iilsti e . HOLY NAM! (Pssriot Please Coop)

Edward Island. Bays the Ottawa Journal

Mrs. (Dr.) W. P. Harper and daughter Isabel have arrived from selma, Alabama. 0n a visit to her mother, 2m. Isabel Gordon.

Mahar, of the city

Prtawawa. arrived in a short

Monday night to spend

i furlough with his mother.

Miss Ids Monsghan and her friend. Miss Aline Garceau flom Montreal who were visiting in Charlottetown the guests of Mrs.

Melvin Anderson, have returned to and In. limbs-l . .

Trig mlARLcrrTl-trnlwrr: tannin aullnnuui

heart neckline. The full net skirt.

I

Miss

Maine.

Middle

tlon.

Th?!

tonto

one of

parlied

their

Dr. Logwood of Ne w

son Bill.

Among the land are Mr. and Mrs. _ Dailyn and son Gordon of Ottawa. , are staying a_t the’ Charlotte- j town. Mr. DalLvl-l ls Edlror of me Canadian and Executive ; n Canadian Geographic Socxeq».

Nursing Campbell Donald of Srdusv N- s» “M we" visiting in Charlottetown the guest of Mrs. Jame-s Campbell and 'amliy motored back and Swill)“ l" Wmc‘

ll I

DIETITIANS TEI-I. U5; . z

when Iced makes your mouth velar, ii siortr tha gastric luieu flowing, digests so mud: batter. Hovosu experts and housewives agree that Kellogg's elduslvl flavour is "tops" for tempting breakfast oppatifas.

Sergeant Harry smith and Mrs. Smith (nee Miss Ruth Roper) ar- l rived in the ctly Tuesday from Ottawa on a brief visit.

Corporal Archibald Johnston. oi , the 3rd Division Signals has cab- led his parents in _\f' .ay telling of his safe arrival in Eng- land. -

River

Mia Myra. Rodd has returned to i her home in Winsloe after spending ; a few days with her sister in Char- lottetown.

Miss Aletha Saunders has re- turned home after a pleasant two weeks of camping a: Varshfleld.

Mr. and m5. c. D. sumel-zand l T?" WP-llwll and Miss have returned from a three week tour of Nova Scotla and Prince Edward Island-Ottawa Journal.

Caithness Sutherland

Judge Hyfldmliii of Ouawa and Hrs. C. arrived in the city yesterday" on a visit. ‘they are guests oi Mr. and Mrs. A. W. l-Iyndman. Brighton.

B.

A. I-Iyndman of Edmonton

E. Logsvood and Mrs Bedford. Mass. arrived here Tuesday." night to

visit Mrs. Logvvoods mother. .\irs. Augustus Stanley. Charlottetown.

Margaret MacLean Cam-

bllflsc. left this momlng on return after relatives in this province.

visiting friends and

Di’. Jflhll E. GU35 8nd MY» ‘v- itse 'I\"r.eporary' National D. Pratt left yesterday on feiaurn'clcgnmftjge_ g; w“ tr. their homes ln somervllle. Mass ‘see we had a situation wit after spendirl land. Dr. Giil s 1s a native of Dar- llngton. P. E. I.. and Mr P-‘fli’. 0f rtvere zaken out in this country

a week on the Is-

Mr. and Mrs. A. J. Colplils are Ients w??? held merely as mear leaving today by nlotor for Char- lottetown. P.E.I.. The? will be BC- companied by Mrs. Fred Ayer of

ssctallle. and the Zsters

—Sackville Post.

Aero E. Terrence l5. Campbell and ABS. Cyril F. Campbell o.‘ Hali- fax who were home vlfilllll! m?“ mother Mrs. James Pownal St, lei: wegk fltgr g mos‘. enjoyable ‘vaca-

99 last

Campbell on rctilrl:

to the ls. Gordon .

visitors Geograplucal Jollrnall Secretary of the»

Margaret H. Robbie hic-

Sster and Mr.

visit Mr. and .\irs. 1R0.

Power. They were sroomnvllrd l° Moncton by Mrs. Michael Camp‘ bell whose husband is with

R.C.A.F. in Morlcton. Lucy Campbell WM Charlottetown the followinl ll-‘ll’

Mr. J. n Riggs, manager of the Bank of

'11-. and Miss returned to

Montreal at Ottawa was

the recent visitors to this

province. Mr. R1885. Wllfi W" 5°‘ countant at here some rem aso- W“ W01"-

the bank! branch

by Mrs. Riggs. They were

here on a visit to Mr. Rigs!’ m0- ulel- Mrs.’ w. n. alm- Thev also

islted . D. Kennedy. Rocky ‘Point and m. and Mrs. J. l1 Cameron, Grafton Street. Th6!

were here for a week and left mesday on return.

Mrs. Wilfred Swanson and yound son Alan Paul have returned to home in Water-town. Mass“ after spendlng the past five weeks visiting ms. Bwansonb parents Mr.

Harry llathleeon. They i W

o

night . l

lThe German Invasion of American Business

A v “I.

.-‘. I‘. D3,‘. _‘~T

However Iongshorernen may differ from lumberjacks, or dentists from oil- drillers, or druggists from miners, one thing is certain! Their families agree on flavour! During the last three years, more than 5000 women from coast to coast have been asked: "What is your family's favourite cereal?" And end;

/ c/ricx mo 00m: cr/scx! 9

- _ ARE FIRST FOR FLA I/Ol/R .'

r I

l

l i Assistant United States Attorney

i I

Bar Association.)

JERMAN YATES: srrlrisgsriyi-se must be an lriconseglegéahl Annoulzé AND STOCK 0 ‘NI-IRS _ lb e :0 the real G ar n- i AMERICAN CIDIPANIES 1 r.- d. : ' ' ‘ S i i’! 3511f 1E1‘.

Buf Canadian housewives coast to coast vote the some way about breakfast flavour

SERVE BY SAVING! BUY WAR SAVINGS CERTIFICATES

By NORHAN M. LITTELL

(Excerpts from an address delivered before the Indiana State

year the overwhelming majority vmed for Kellogg's Corn Flakes!

“Then asked specifically, "which brand of com/Iain do you think my” best?" four out offive said “Kellogg's?

SWING INTO ITI It‘! rough work— unloading cargoes-and takes real energy. From Halifax to Vancouver, wives of hard-working men fell u; [he same thing-Kellogg's Corn Flakes are the family's favourite breakfast.

Treat your family to Kellogg's, mo, watch them enloy Kelloggk distinc- tive flavour. Add remember, Iuslier appetites mean better digestion! Try Kellogg s too, for between-meal and bedtime snacks.

Be sure to get several packages of Kellogg's Corn Flakes tomorrow. In restaurants, ask for the triple-wrapped indiridualpackage. Made by Kellogg's in London, Canada.

o a a

ms sslssfura sssnxrm i: economical m. OW °"1)’_4./P_wpenrne: a smingfor tbs wbol: 131ml ‘y. .\ ow m two mmvnient sires. Ge! u-bicb- ever s: mart suitable for your jismily,

I

Eight months.

i trols and a darnmirlg I flowing to German

i l t I General II l i

I .

u" exscrlv wh

a _ "'“- ~ t...

_We can safely leave I I lo a now enllgstened Congress the l needed modricatlcn of paze t cor.- "p o.‘ rorrakies .- (e. . i latedly. of course. becsuse ; marl Government mxed or I Lsience royalties payable l0 Ameri- , 1 can concerns as early as j runds, deposited in American banks are ufed as a credit basis for Ger-

New AppOlllt-IIIGIIIZS

Trinity United GhurcII

THURSDAY, AUGUST 14th

{l

8.00—.\i.idweek Pmycr Service. ,- ‘

1933. Three aclsnovnsmomsnzcr l‘ The following letter of ppc\&. non has been received ‘by Illa President south Pfnetw Red

Cross Lilli. =>

n Un.. has womirlllly‘ Red Cross Funds {or war

lother lnforrna o: s k: _ ~_- ifronts cf Germarf pe itlg done ZZZ his feld. and are also 3195111534,, _-\ug‘_;§{ 3; _ A3. icilldesu me fmnl QHZTIEXO ad "f. ‘of all LTICTOVC-‘Xitlflii adnd nouncemen; w“ made 56.9 today i — able lustrallcns. S‘ : .. ca. irucrmazzon in :.e e- b H“ c vans), v1 w. l .-_ Ave" that the American Pa. ht Office pment of nlagrlesmm uses. Cimdai Yiifogg: ‘ o‘ e , _a . ch . appreciable sum. has been a happy ll lng ground The same Lilli 1s true of zhe _ __; ' j‘ - -V\e are nzcs: grateful :0 all of v

~ fiPpvincrrler. o. D. \f H.121‘ l-o: most sincerely,

. n research doanl a par“cula: avenue cf de- - velopment loses .. probable lnvenncns, a skllhflf. opera- lor can. file appilcazion for patents in such broad and’ ambiguzus lang- uage the: they tend to cover a." lentzre induétry. The Siemens & IHalske Conlparly, the Kfllpp Com- ‘pany and the I. G. l-‘arbezl indus- itrles have flied a number of these , ‘umbrella patenzs, which have been‘ the subject of bitter complain" frcrn large companies. . We can all remember the prob-

. ‘g. . OVVI T132119.