-' ‘hm, Australia is ripening

_than any other British colony,

4

pi“ "\ .

THE

;._.._..4— .q.._ ___,§_,_......_._......._. ..

GUARD

......_.-..—._........ .. ._._...—_..._ .~..._..__..

I

"-= —--..-._......—o-...

MARCH 3, l89l.

A New Nation.

A well-known English statesman of the last century used sometimes to drnp into a prophetic mood and dr- clare that England's colonies would be- come. as ripe fruit and drop from tho‘ parent stem. Hitherto this prophecy has not been fulfilled, but a deenatch this morning would seem to indicato- fast. Thu- great dependency is probably in loet- t,.,- position to launch out for Itself and .0014 no doubt become‘ a powerful ,,,,g;.,,,_ Tl... feeling for independence among the delegates however, may be UV: r-eta» ' U.

———--Cu0c}----

Tlie Duty Ut .n.: dour.

The party journals are giving prom inc-nce to what they. call the duty of the hour. What is itl Loyalty to the British flag shouts one-—-R.0¢‘P"“' city Unrestricted with our neighbor- in the- United States, the other. Loy guy to the home we cry. Pemperance electorsbeanre. of the stand on the question of Prohibition of those whi. seek your suffrages, before you Clf‘ your ballot for them. BOW P'“'l‘“” are pledged to the tunnel, and the party who will do most $0 pl’0'0.<-‘t Ih" homo gives us the best protecttlon ‘N can get. Reciprocity dependfiln P" upon the attitude of our pelgbbofi This question we settle within our selves. If _,a large majority of tho electors of this Province are prohibi tionists——and we believe‘t»'|0! "'°“ then let them on Thursday next my to the man that declines to pledge him- self, you cannot have _our vote while we have the opportunity to ca!’ it for him who says “ l Will Pl°'_~l8° my‘ .elf,”' Those who fear to give any pledge are to the temperance cause. what the voter who refuses to vote‘ is to his country——of not much use Temperance electors of Prince Edward

l Island let the disgrace of talking tem

penmoe and voting party be no longer as; up to mi by our r-pnonents. ————¢-o->-—--

J ourualists as Legislators

“ In the French Senate journalisn is better represented than in any other known legislative body in Europe or Amp;-icg_ There are at present in I.‘

no less than twelve or thirteen repri- ' sentatives of the press among its active

members. Several of them are very prominent as ‘leaders and speakers. This fact may be accounted for on tlir grounds (1) that the journalists of France are more ambitious for oficr than elsewhere ; (2) that they have tho ear of the public in a large degree;

‘ and that the people are more dis

posed to honor them. Bill if not 3‘ in France. in oth-at lands the prose is becoming more and more a stepping stone to oficial ata- tion and influence. More and more in our own country our partisan edi- tors and writers are finding their way into legislative and governmental posi- tions. But after all, the greatest power and highest glory of the press are not in gaining oficialrecognitimv for its representatives, but in mould- ing a wise, safe, patriotic, and healthy public sentiment, whereby the affairs of Suite shall be rightly administered. and all the departments of govern- ment shall be operated for the com moo welfare of the people, and the interesta of educrion, commerce, mnr ality and religion shall be advanced.” So says the Presbyterian.

. I I I .

Model Replies.

Needless to say the above heading applies to~very few of the replies which the candidates in this Banner (2) Tem- perance Province have penned. But it describes two letters addressed to the Secretary of the Dominion Alli- ance by candidates in Quebec. who were asked for their views on Prohi bition, and which we puhlish for the edilication of the politicians. Mr. -A. C- Savage, Conservative, wrote an

‘ follows :—r

“ In answer to your question whet"ei' I will. if elected to Parliament at the ap- pr -aching elections, support a res--luti--n ln favor of total pi-ohibiii-su, it gives Ills- much pleasure 10 ~tate emphat cnlly that I will, and will also work and vote in favor of total prohibiti--n in every way

' -ssible. I am a total abstainer myself. th as reg-irds liqu-»r and tobacco, and can say what very few‘, even of the ex- treme temperance advncates, can say.that I never drank a glass of liquor in my, life. I w uld also use my influencp in favor of the better enf irceroent of any temperance law th it is framed in a proper manner to be enforced. I would also surely vote and w«-rk against permits being given to dis- tribute liquor in any Indian territory within the Dominion. These answers are not given as vote catchers, but as boni fide promises under my own signa- ture My platform, if elected. is a per fr-ctly,i-id» pendent one, and I shall be perfectly free to take adv n'-age of the bltllatioll «-1- question independent of ei.-h.-r party in power."

Mr. Fisher (who visited the Island recently with Mr. Laurier), Liberal candidate for Bronie, replied as follows’ 2- _

" I -m in receipt this morning of your circular of the llith inst. addressed to cin lidanes in the present elgcti n Ququif. ing their views--n certain points of the l.'."In||.~t"r\l|cu quee-i in. In reply I dun’: Cl)-DR I can do) ll: that than to p int. to my c~-natnrst persi-_ve:-t w ml: in the temper- ‘a--ce cau-e during night yearal have been in Parliament. an-I to any that, ii‘ glgcmd now again to the nation of Li, P_ :0, Broznf county. I still continue. just no steadily, conatantl wind persistently in the some co era:-. 0 he mug. W 3,, my reply. I may add that I give anaaru. ltive answer to rich of the quggtigng in your circuhr." i _ There is no beatii-gabontthe hniih 10 these replies. Needless to say they Ware deemed . .

lntiireslingi Point l

in lllmilctinn llttr no snail of — the Scott let.

Monday morning Stipendiary Magis- trate FitzGerald gave. juitgnient in the case of John MrQu ild, charged Wllll K violatifvn-of the Canada Temperance Act. The jnd uieiit is as follows :

In re ohn McQuaid o ithe prosecution of City Marshal for breach of the Canada Temp--rancc Act:

The information was laid in this case- the fifth day of Jan nary last, past chariging a Salt: --f intoxicating liquor.

The summons to the defendant. wa- niade returnable on the seventh day of January, A. D. 1891, when the case was no-=l_v heard. A itnens, not oersonallv known to the police, for some time evaded - iv...e » i-uo,.o:. ..a ..nu tn. furtnei nem- i-ig was from tlln-3 to time adjourned unti- -the eighteenth ilay of February. ult., -when the witness, having been served. he ippenred, and bi 9\'ldullC8 was Iakeii. Pb: testimony of this Wltm-Bl proved the illegal sale, as laid in the information. For the defendant it is now contended ‘hat I have no power to co- vict, as the Canada Temperance Act is no longer in force in this city, -n--twithstinding the fact that the offence was undoubtedly committed while the Act was in force.

N nu. bv the comm.-in law. it is (‘lB'\l' that there can be no legal convi-:tion for -Mi 0Il'.~m.-u unless the Act be as well coli- X‘-cry to law at the time it is committed A! that the law is in force at the time of the indictment and judgni-xnt. If the law expiree or ceases to operate by its own limitation or repeal at any time before judgment no judgniciit can be given. deuce it is usual to insert in penal statutes clauses c--ntinuing repealed law in force as to all pending pr--secuti-ails, ind often iv to all vi-nlalionsas to eXlSl»Ii.‘g law already committed.

Tue Canada Temperance Act e xnfaius no such continuing clauses. There is iowever the following clause in “ The Iii- terpretation A:t:"—-

“ No offence c-rinmitted and no penalty _.r forfeiture incurred, and no pruceé-diiig pending under any Act at any time re- pealed. or under any regulation at any line revoked, shall be zitl'-:ctcd by the re- »e-il or revocation, except that the pro- ceeding shall be conformable, when ncces sarv, to the -repealing Act or regulation. and that whenever any penalty, forfeit- rure, or punishment-, is mitigated by any of the provisions of the repealing Act or regulation, such provisions shall be ex- tended and ii plied to any judgment to be pronoun after such repeal or revo- cation." . a

Does this apply to the present position if afiiiirs under the Canada Temperance Act ‘I

fhis Act is a peculiar piece of legisla- flzln. It is an Act of the whole people but only far use by such p -rtions thereof as by plebiscite vo:e evince their desire to .-.ivu it the force of , law. The citizens of his city did so in 1893; and onghe 30th day of J une of that year, an order in cwuucil carrying into effect their action declared the second part --f the Act (that is its prohibitory portion) in force. It remained so until tllc tenth day of Febru- ary. instant. when a similar order re- voked this order of the 30th of June. These 0l‘(l:'1'S are simply the machinery’ provided by the Act for effecting the wishesofthe ' oople. —— - * The position now is, therefore. the Act aranzla unrepeal-rd but it is inoperative uid “ not in f -rc-2” in this city. its con- r nuance in force expired on the tenth day of this month.

Under what authority can I on the eight.-enth day of this month convict? The section I have quoted from the In- terpretation L‘%W applies only to statutes repealed by statutes and to regulations revoked. In this case there is no statu- t--ry repeal and this order in council is in no sense a regulation. There is no regu- lating power giv- n by the Canada Tenn perance Act to the Governor in c-rune l.

Secti-on 9 nf bl!!! Act nf I888 the Canada Tenn. Act enacts expr esly that after the publication ~~f the order in council evoking a previous one bringing the act into operation “ the I-'lld act shall no longer be in force." In the first place I am - f opinion this is the nature of an expiry, not a repeal. _“ No longer in force, means no longer existing--expired. The Interpretation Act does not touch expiring laws. They, therefore, should they not contain the saving continuing clauses before r. ferred to are wholly in- operative the instant of their expiration.

Again, here isa case where the Legis- lature, though not repealing an act de- clans by statute in unqualified language that under certain oouditians it “ shall no longer be in farce" in certain places. and make no provision for pending cases. Fullocinsz the reaeoiiingiif the judges in The Queen in Dcnton, I8 Q.B. 761. This ctatute is now with regard to any further Eperation as if it had never existed hero.

e defendant is not liable except under

it. Between the information and the conviction, it has been in deliberate and unqualified words declared by the Legis- lature to be “no longer in. force " To say the proceedings may ncvertheles' be folla-wed up, contravenes the express words of the Legiel-store. One of the judges in that case said he had no doubt that the Legislature in that case had in- tended that all pending prosecution should he proceeded with but that unfortunately they had l'l')b,_.N|ld so; but in. this case it cannot be said that the Dominion Parlia- ment had any such iiitentioii. they use the strongest possible words without any qualification. There appears to be no decided cases in Canada upon the point and the iin- perial statutes themselves contaiii the necessary continuing clauses in every ‘case here their are desired.

According to my best judgment I have no jurisdiction to convict in this case. The summons will therefore be dismissed. Charlottetown. Feb. 18. 1891.

Britain's Census. - Great Britain k g-e.tti:ig ready for her tenth census, which is to be taken instan- taneously on Sunday,‘Ap il 5. The

nieramr is assigned to each district, and

family or huusoh idea or head of institu- tion a ac.-bedule containing the questions to be answered. The 4-numerator VB all:-wed _a to do his park. as he may have to Olgolll many things to the peupl , in fillet fveryone may understand that the schedu-e must not be up beta” the means at April 535.: it Inf-irinati.-n of “Qvgr, flying pa‘-fin 'h0

Coal froln l'_-Slnglancl-"

I Beams. Feb. 26.——'l‘he North Gern an Gazette says the Government. anticipating ii general strike in the coal trade. has ordered lu-go supplienof coal li-om Eng- land. . '

Mitwwitss, Wis.. Feb. 26.--Tlie fii-at.' consietion in -thisvstate under the law pr--hibiting lortcriesat church fairs was ‘ secured at Elkhorn yesterday. The It--.v. Fevher Smith, a Catholic priest, wsallued 8500 and costs. C

_ .._.__.._..o O O l

Butohei-ed Woni_an and llliildren;

Manssiuus, F b. 25.~The qiyotblzl of; a steamship eh ch bus aii-ivud here from Q Madagascar reports t-lht iii a result - I the - revolt upon the part of the u.ili\'cs of : Nossibe. an ial- lid and Fiench 'colony off the north-w-at coast of Maila~gps08"» til"! governor has caused llie excu ion of over. a hundred rebels and has killed their 1

wives and children. 30 t——

Boulangefs late.-it Scheme-

Baussus. Feb. 25.-Ge - Boiilanger and M. Dernulene have aecriely come to this city with the intention, it is believed, of considering means of exploiting for. their pai-ty’e profit the ch»-suvinisni arising

l i

expected they will be joined by other’ lireuclimen. A ' .

Powderly’s Heart Disease. Winxesnasan. Pa., February 24.-It is said that at the next meeting of the excutive board of the Knights of Labor Mr. Powderly will tender his resignation and retire to private life. His physician has warned him that another attack in: h‘ as he had at Omaha would be fatal. has twice been stricken with heart uls- ease.

Norwegians Want Independence.

Cnmsuama Norway, Feb. 23.——Tlie political situation here is extremely grave. Of the 114 members of the Stnrtliing \VhlL t-wok part in Monday's division, in which ihe Conservative uii.-istry -in def ated, the majority pract.c.lly demanded tlutl. Norway shall have c--mt»-l of her own tor-

IAN, 01-iorovv

‘ one of youth!

from the visit Empress Frederick. It is .

H9 7

I5.‘ 2."

‘ 5*.

_.___——¢-——-—--- Church Lottcry Fined, ,

an IIII . i‘-ii.2."5i.-ii. ’3i'n‘§'..‘i3‘.‘§‘£’ii' i‘.‘.’.‘i"‘.‘ii‘-r"'iii'o'-. 5'3

“mic” in°ml'I should take mm .E.!§.ll!..."..9..l..m.. - fit.“ “chm” ‘ha miflifiautltldtake than Puma.

V°“"°- !E.!‘.. is.

sh ldtak than. 'r1il:e.Pn.:.l will

in

”"°'”' won: myrgtbem regular. '‘ I b. -‘ F sol b_ all druggisti. or 1 Ion IIPOII

recglrpt ofeprlice (50¢- P91’ b°X). by lddflflinfl THE DR. WILLIAMS’ DIED. 00. 4 . : Bracket

GRAND s NAL _ lllLl.Y

LIBi:iiAL

reign affairs. The'Mode ate Lib: r.-ls and Radicals are sinking their di .e cum I and present a united fro t. Ii the kn g fol- lows the c--institutional usage by ch -using a new ministry fruni the iiiajo:-ivy it will tend to th rapid repeal vf the S0z~I‘|(ll13K- vian uni-an. If he appoints a uiinislry to combat the majority it will be ierlaiu .1» provoke a conflict which will threaten public peace and order.

—-—--oooac-—-—-

Says Parnell Has Forced the Fight.

DUBLIN, Feb. 26.—Ai-clibishop Ci-ike has written a letter for publication in which he says that if an Irish Cat-Cliolic believes in denouncing r. Parnell it was done to gratify Mr, (Hadstone, then t--e Archbishop would recommend such 5 person to inin mine other church. M12‘ Parnell, says the Archbishop. has forced the light by his gross misconduct. The or eats, the Archbishop says; are not f .r.

ciug llr. Paru II. c . _Arclihishopi’n‘ conclusion says: “I li~-rob)’; declare that

A I-1--gar'd»pr‘iea=sin t'-~eeaua.-‘.'ii;_.§ht;~-wluetiiev 5

they den--unce or support Mr. Parnell. but I think their support of him impossi- ble."

10%

Marooned for three Months.

«—-:1.

Sax Dmoo. Cal.. Feb. 23.--Tlie schuoiier Elli-ll has a--rivv-d here bringsng seven men, wli=~, since N-«vember 30, have been living on the Guadal--upe Isl and, oil‘ the coast of Lower California. The men are reduced to more skeler-ins. having auhsiated on such fish, wild goats or cu-- riun birds as they could catch by hand or with primitive traps.

The men's wretched condition is due to the heartl--asness of a companion named Bart» ll, who sailed away and left them nu the island almost wiih--ut provisi. n- and ainrnunitioo. They h=d been engaged in killing wild g sale for their skins. and haul disposed of one load, which netted l-hem about $700, and went after another. Bar- tell was left in charge of V, the sloop while the men went ashore. of Bu-tell are unknown.

——————¢—_..._.....

Fire in the Cza.r’s Palace.

LONDON. Feb. 25.-Further particulars from St._Petersburg regurdiugflggl-.9 fire of Feb. [8 in the apartments of the Empress- at the Amtchkofl‘ palace, show that the Czar first d tected. the fire and directed the firemen I|lI!l'YIOflOd to the 33.-300. The fire was traced to a bathroom situated -on the fl »or below the Empress’ r-u-ins,‘ and thence to her private study. A panic was caused in the palace by a re- port that Nihilists‘ had started the fire,

-ping amid the commotion to have a chance to kill the Czar. It was’ found out, however, that the fire orvginated in theifusing of the electric light wires in the b.ithrooin. The fl lines were subdued aftcrfconsiderahle damage had been done t0.tllf! Empress’ study and after gngtly paintings, tafiptry and statuary had been destroyed. cEinpi-oss, returning from adrive, reached the palace just as the alarm was rung. ‘

A Royal Tiff

Loimox, February 26.-—The great event of the day was the launching of the two new l0,00Q ton ironclads at Portsmouth. Special {rains conveyed the Roy -1 family and a sol -ct number of invited guests from Windsor and the city. The weather was fine and the brilliant spectacle was witnessed by an enormous crowd. The Queen performed the launching ceremony

though just before the progra.mm=- was l) gun she had shown signs of c» inside-1-able ex_citement owing to a heated d.si.-ussioii with the Prince of Wales. The Queen and the Prince were‘ observed to be quarrelling for ‘several, mmur-es as they

whole country is to be divided up into, 40,000 enumeratiiin districts. An cuu-5

in the course of the week ending Ap~ il 4, the-en officers will visit every house or tenement n th—-ir districts, leaving each‘ l pu=a».ts becanw a o flushed as to thre -ten

=ab-vde iii the ltouae""on the night of -the ¢"lI-|IlI."_aud that it be ready the mo--

stood ben nth the ships’ bows. Her Majesty's manner was imperious. while that of; the Prince betrayed extreme irritation and he seemed to be defending himself from some im utatiun cast up n him by his augu-t In--l’. B iii the dis-

apuplexy.-und th.-. witnesses a-f Ill" singular scene were much relirved w the till‘ was over. Of course no one ventured to intrude upon the partia tn the dispute and all pl‘ctBl‘lIBd not to have observed it. The supp -sition is that the, trouble grew out «after-do ariflii breach of etiquette on “*0 P939 of the ‘=-ce, woo is not so P"'“=l71li¢}\!8 in these mstters as he once ""’~ "l“‘°”"lW Queen is more precise as,

ccd to follow the bi.-ih i- ‘is lead in den -uyi- -

The whereabouts _

with» her accustoined case of manner, .

coilszilvA'r1v.l:,

I A A A .Vl.i:is MEETING

._oiI TEE‘ siveosisis or

' in B8 nun Ill ill:

liisrisggiinii

4111,

the Electors. Chair taken at s o’clnck sharp. , w. s. STEWART, ‘ Secretory. Ch’town, March‘ 3. -—ex he 1- wat.

ST. JAMES’ émmcn '

L1lAAAni_fl SOCIETY.

The, nest Lecture of the Course for this season, will be delivered in

ST. JAIVIES’ -HAI.L

._ —_ox.....

'l‘lJESllllY EVENING, lllllllll 3,

AT EIGHT O'Cl.OCK, L’..;3y._

A. A. BARTLETT, ESQ.

SUBJECT: A

“FOOTS'l‘El’S or BURNS.”

._I ' ADMISS mi. 15 cams. I -' Feb. 23,1391. ;

THE shin BUSINESS :I.="o1f:s_.__1891

“,7 .2 are now busy prepaiingfor our twelfth seas H in the Seed Business. Year by ycai‘, smcr: [R7-3, rnurtsales of Seed; hgye sirazlilv i:—cre_-ased, and our position has been Tccogniz-Kl as the heading Seedsman of P E. l‘»lzmr.i.. -" leeling the imprirtance of our position and know-“Jig that "thousands of people are depend. ing on us mprovide TRUE. FRESH SEEDS suitable to our strilfand climate. We are spar- ing no effort or study to procure the -finest strains; and in this. oiifexnerience in the D8S!.,and-011!‘ intimfate relations with many of the .lea<lir-g farmers and gardeners greatly assist us. ’ , q We are sure that no better Seeds than we offer can be procured anrnad, either in Canada

orthc United States : and we feel safe in say- '

ing that many of the largest firms who publish the most sliqwy catalogues. donut, in many of the most important articles. sell as hififia

higher price.-S.~ This is the experience of many who have bought elsewhere before trying our

The necessity nffsending abroad, for seeds now no longer exists. Farmers and ga dcncrs

able for this climate, by ordering from us. We claim M be experienced‘ Seedsmcn. Eleven tears of successful business prove our Clilimt We do not wish to boast, but only to impress the facts 'l|8.l we understand --u