. ,1, 193s

,4’ New Coll Deal ' molt-ha wa are patting Avon g," l“

M“ g verynttnetlvellflce in orde t t ‘Jy:tonofonr($oalbsforathal'all. h? m.

, AVON norm-ran um.- nso 4o GEN-r ‘lcglntsf-(Lltol-Dylbfiononlfil-L s

n‘ n, 51a money by communicating-vamp.

' MARITIME GOAL 00.

HABOLDILLAIGI Sflnmberlsndlheet.

i,

in a common work or undertaking Wh1¢h is distributed over var-long loos-l Activities but CO-nydjmtgd m, a common end are regarded aa fel- low employees.

Wllwn Y- Merry. 1o ran. so;

Ryder v. The King 36 5.03., 462

and other cases support thy, w,“

It IPPQBrs to me therefore that the defendant. and the plaintiff in this case were fellow employees 01 the Crown, and the Exchequer Court Act in its application being Teimcwd by the rules of common law, the defendant is not and mum not be held responsible for the in- juries caused to the plaintiff.

900-

11 CEMENT

.__ '"'-“u»

mued liOm P389 1)

, w the freight trAin and _, m. passenger train WI! ,, by‘ the defendant from ‘, m, w ‘rignlsh at night , two locomotives and a ,. in rrohr which obscur- ion of the drivers and my further the defendant ‘me time pernzitted its sta- tus at booking stations‘ ,, “no, and its train des- g0 remain of! duty and e to careless and neg- , g the natural thing hap- m me passenger train ran

Thmplaintii! says on the contrary that the defendant was his em- ployer. Ind vhsrses that it failed

~ -~"""

Stocota

YESTERilAYl liiBAl MARKET

W e d n e s d a y and Saturday Issue

PBODUCI

New Beans ... . Rhubarb 0 lbs .. . New Cabbage lb ..

Bunch Onions ... New Bcsil lb ... Onions 2 ihs .. .. ... . (‘arrots hunch .. . "

pi

Lettuce {head} Lettuce (leaf) Radish , Celery .

namr sun ronrxrnr rnonucrs

....-

iiliillilliiflijj

Auburn M353.

(5089

Corrected For Every "

Corn Prcductlui...‘ Delaware and Had Eastman .

. ‘ n v-r .....

. Sianrl Oil N J . Tux (iulf . Union Carbide Sabin Pacific

u s Steel

.512 CHARLOTTETOWN GUARDIAN UEITRAL GUARDIAN

wan-wanna

This column In reserved for Oneal" 90W"! new: of locnl interest hnt no- vertlling 0| n newly nntnrc mny ba lnaartad n! 4 eenta n word strictly payable in advance.

Pivotal New

tions

York Stocks

f0 d "M" ans inn Trans)

Canad D ,. r- é‘ ..'.’... chesaifélréfiriri‘ or...‘ .

(‘on Gas ..

Montreal

Allied Chemical ... ... .- ... lcllg" Ind I‘ Powen ... ... .... ... 16 Am Smelling . .

railways

dint.

collided with the freight the plaintiff was thrown ha; suffered great injury g thereof, which is the complained of. endant denies all the l‘. and allegations made ined in the plaintiff's oi Claim, and further u by Order-ln-Council . Jan. 1924 the operation ment oi Canadian Gov-

including the

Of Negligence - ; nee in the statement alleged or in the alterna- ligcnce, ii’ any, causing _ t, was that oi fellow r the Plaintiff, and it did lore. give rise to a cause . against His Majesty or

. Railway were corn- pihe defendant under au- dseclion 11 of Chap. l8 of .. of Canada 1919 (sec. 112, RSC. 1927) and that is brought in respect of . arising out oi the opera- nanagement aforesaid.

action s0 brought by vir- . 0n 15 of the said Chap- (ro. 38, chap. 172, R.S.C. defences are available to as would be so were .. one brought against His in respect, of the same

further alterntaive, the ~ says that the plalntifl mpioyee of the Crown in -. oi the Canadian Gov- Railways and at the time ' locldent was within the ~ oi section 4 of chap. 30, 1m; and in respect of the adored by him as alleged entitled to compensation a- subject to and in ac- riih the provisions of the lion Act of New Bruns- ~ chop. 157 of the R.S.N.B.

terms oi section 12 of the M157 the existence of touch compensation ef- - extingulshment of any I action which otherwise u arisen out oi the acci- iinz m the injury com- l The plaintiff's claim, if therefore by virtue oi the V one, been extinguished, r of action existed in this in favour oi any person “' 0n a government own- _ llrevlous to 1887 through ' 0i its officers and em- Prior to the Exchequer ' the master was not liable mint for injuries caused “m! by a fellow servant. Court Act passed in the first time conferred a

w" °" I Person on the

i "Sbondeat Superior; ‘d and restricted any "" l0 the rules of common

'4' 9! the Canadian Na- “lww v. st. John Motor

‘ >--~ on.

_ Si. "ho-mam

Mum Position

i- ll. Garcon "license-rug ‘P Palmer Gradual;

(ma 107! c.

_ (i930, 3 D.L.R., 782) holds ‘an Notional Railway to .1 W’ or servant of the

"m" resoeethaly follow although 1 m; n“ m m Breatly llflpfggggd Wm; “dlallcfld in arriving at

," thtid in this case the b: 0mm? WM the re- - tween the plgjntjfl ...... that 0f fellow em- 5 the timg o; n“ mend ‘N ‘Wins tome tobaes. i 911 Persons engaged

to maintain its property and ma. 9111MB’ in good safe condition and as a. result the injury to the plain- tii! ensued. Granting the plaintiff's contention to be correct, and that it was the duty oi the defendant to keep its equipment in good con. dition, surely such a duty would

ecessariiy be one imposed by me Common law. Such a duty is not one that at- common law will be raised against the Crown. The only liability in tort oi the Crown ls that of respondeat Superior created by the provisions of the "‘" ‘ iuer Court Act. The Canadian National Railways v. St. JOhn Motor Line Lld., already referred to, holds the action against the Canadian Na- tional Railways as in reality against the Crown; therefore 1t seems to me that is not cause of action against the defendant on either of the grounds stated.

Furthermore I hold the cause of action is extinguished by the no. minion Compensation Act.

Cap. l5 oi the Statutes of Canada 1918 was amended by incorporating

‘ into it among other things a section

of the New Brunswick Compensa- tion Act extinguishing any right oi action in the employee against the employer.

The plaintiff says such legisla- tion is ultra vires of the Dominion Parliament and claims the provis- ions of the New Brunswick ‘law can have no application to or affect residents oi Prince Edward Island who suffer lniury on the following grounds:

(1) That the liability in this so. tion must be determined by the laws of this Province where the cause of action arose and where the plalntifl resides; and

(2) That the Compensation Act of New Brunswick has no applies.- tlon to Prince Edward Island; and

(3) On the other grounds set forth in the plaintiff's reply to de- fendant's paragraph ll oi his de- fence.

Sec. i2 of Cap. 157 of R.S.N.B. (1927) is more than the law of the Province of New Brunswick-it 1s also. the law oi the Dominion cf Canada and should be regarded as an express enactment of the am- ended act of Cap. i5 of the Statutes of Canada 1918.

I therefore hold that the plaintiff has no cause of action Against the defendant because,

(1) The allegations show the in- jury of the plaintiff to have been caused by the negligence of fellow servants; and

(2) the allegations show the in- jury to have been due to s. faulty system which itself results from the negligence 0f a fellow servant and is not a basis of liability against the Crown: and

(8) that the right of action is extinguished.

Taking the facts and circum- stances of this case into consider ation I feel that no costs should be allowed to the defendant. There will therefore be no costs to the defendant.

If, invisible ourselves, we could follow a single human being through a. day of his life, and know all his secret thoughts and hopes and anxieties, his prayers and tears and good resolves, his passionate delights and struggles against temptation, we should have poetry enough to fill a volume.- Henry Wadsworth Longfellow.

::Good-byc Asthma. Persons suf- fering from that extremely trying trouble ‘ as asthma know what it is to long with all their hearts for escape as from a tyrant- Never do they know when an at- tack may come and they know that

J. D. Kellogg's Asthma Remedy at hand, however, they can say 800d- bys to their enemy and enjoy 111°

aaslnitbslilstonca-

(‘roam ... i... firms .

221 57f: 2'1‘. 5

Fowl Buttermilk qt

Round Steak ... ... Sirloin Sicnk

FISH

uni 11v

nnrilan Press) June 20-

CLOSE

(n. wmurrnc,

001/. . Oats: July 287fil3; Oct SOBQB; 054A

CA SH PRICES

6.7%; No 2 nor 0114.: No ii nor 02 : No 4 nor 011A: No $19M 55%; Truck 06%; No 1 durum

will: n: 1 rh-n 2M; No 1 feed 25%; f f! tzfll/r Barley: (i row ox “sown :N<>acws1u.;1vo 4 r! w silt: No a w .1219: Trfiflk 311,5

Miscellaneous

(Canadian Prue) BIONTRIEAL, Julio 20- \Vhunt, northern no 2 70. Barley Canadian Western no 8 40. Oats, C W n0 a ac. Outs, Canadian Western no 8 84. Oata_ feed no 1 sa. (lair, feed no 2 82.

24 . Flour, seconds 4.00. l-‘lour, bakers 4.50.

c1

Flour, vvhlta corn 8.80-8.00.

Bran, ton 17.21.

Shorts, ton 17.25.

.\ilriril‘ugs_ ton 20.25.

llolicd oats_ hag D0 pounds 2.75. llny no 2 pcr tau carlots, 10.50. Fhcnsf- Out. colorcd 11%

Butter no 19-10%.

Eggs, fresh specials in car-ions 21. Potatoes. Prince

80 pound bag 00-05..

EXCHANGE

(Canadian Prua) MONTREAL, June Zil-Britllh forc'gn exchange currencies in tinn to the Canadian dollar as com- plied by tho iloyni Bank oi Canada closed today as foinws:--

Argentina peso .3470.

Australia pound 8.6081.

Austria scbllling .1582.

Belgium bolga .1019.

llrnIzii miilreis 6105 Bugnrfil ev . . ' l‘i|i|ul Hon: Kong dollars .3341. (‘Zechogkywuklly crmwn .0416. Denmark krone .2070. Finlandffinmargfifiilllfi.

France rnnc . .

Germany reicbamark $252. Great Britain bound 4.6425. Greece drachms .0079- liolinnrl florin .5480. Hungary ponga .2432.

India rulli-‘B JP530-

ltaiy lire .0710.

Japan yen .2947.

Jngosinria diner .0104.

New Zealand pound b.7080.

Norway krone .23.“.

Poland aloti .1581’.

Roumanni leu .0091.

South Africa pound 4.0314.

Spain pcsctn .1100.

Sweden krone .2308.

Switrerlnnd franc .2086.

United States dollar 11 par cant

mium.

prrevnyv roam June 9°—(-4~Y-ln-,f°f' eign exchange stronit 37'9" i‘ 5“ ciornnmi ‘£1113; 4- 4 rm“ ijlqfl)‘; n.1, yrLuI/f; noranim 17.18: Germany 29/351 Canada 00.00.

Exghnng!’ rate nt close today

, , d ll in bfontneni 1.11%. $013111 $1.01.... in New York 4.17%. Canadian dollar in New Yrizrk 00. panama dollar in Pars

"sick dollar in Paris 20.58 francs. _i_——-——-—'

Mm. CURB

(Cnnnllillll Press) _

to struggle unaided is vain. With Dr. B A

llniist Iii-cf ..

"mm "Wk ti‘ linlll Ilrlrlgc l I I

iii-ii ‘viii .. 112:: .... éii. y . - . . tilflflf‘ 15°“ - ' Int Nickel

1 . . - liinuscy llnrris

‘hurls lb ' ltlcColl Front

‘Poukucs . . . .

Tongues encll .. 33¢ lgftmgiifallv PO“ or

_.-.. ... .... . 2 for 2w» w’? ‘o; can '_" Fresh ma . . m‘ 9°‘ m ' Haddock . ———————

Wheat; July 055$; Oct NYE-W: Dec Dee ogcrier: Oct 3115B; July sou; Dec

Wheat: No 1 bard 67%: No 1 nnn 5 58%: No ll 57 :'

0.‘... No a c. w 2am; No s c w 2 fccd 237i; Rejected 21%,; Truck ' 8CW4U/n2row c w sou; m. c c

Flour, spr-ing wheat patents, firsts a

Flour winter wheat patents, choice 00 4 00 ’

Edward Island and New Brunswick green mountains

1'91!-

“rill-Ta sterling in Montreal 4.04%-

18.40

Stock Mar/ref

(Canadian Press) Stocks

Bnthurst A ... .-.. ... . Boll Tel

PRODUCE

(Canadian Press) MONTREAL, June Ell-Prices on the Montreal d"iry and produce market held steady (luring today-s trading. The regular w ckly Aucflnn of but- ter and cheese will be held toruorrovr, when 1200 boxes of ehccac ilflil more than 1.000 boxcs of butter will ha‘ of- fcrcrl to the highest bidder. These are the largest quantities this season, re- flecting il-n lncrcaserl production. Wholesale bum-r prices remained unchanged nt 1i) to 101/4, cents a pound for no 1 butter lu r-nrlnts or less. Of- fcrinif! totnlicrl 1,030 irnxcs.

The egc‘ market hold at 18V; to 1ft cents n dozen fnr extras, 14b’; to 15 cents for finals and 121/; to 13 cents for seconds fcrprnrlod shipments in enrlots or loss. Tilcrc was u firm tone to the market and many dealers nskcd tho ili"‘(ilIl1|i7l prices. Arrivals amounted to 075 cast-s. ‘

quoted nt 111,4 cents a pound for 0n- tnnln chccsc. Receipts were heavy. totalling 7,044 boxes.

The potato mnrkci was about even with ycstr-rrlnyfiil prices. Now Bruns- wick and Prince I-lrlrvnrd lslnuri groqu mountain pnintncs werc quoted at 00 to 9.1 cents per S0 pound bug.

C URREN C Y

(CannrUnn Press) LIONTREAL, Juno 20—-i<‘creign cur- rencies followed the advance of the pound stcrltrlg on Montreal foreign exchange. The United States dollar moved slightly lower.

As a rrsult of the United States ad- ministwltlon regarding currency stabilization plnus with dlsfnvor American greenback lost half of on“ per cont at 11 pcr cent premium. It touched a low of 10% per cent during the day.

The pou It opened a S . it and e to its high for the day at 84.04% w e it closed with a gain of 1 13-1! cc s. The French franc held un- chnugcri nt 5.37 cents.

E ' YORK, June 20~Thc sterling set a new high record

of

change market today after swift advance against foreign curren- cies in London. The Canadian dollar displayed modennte strength.

At $4.20 tho pound was at its high- est lcrcl in New York since the United Kingdom suspaulori thc gold standard in 1031. That lovei hurl been touched in London on June 12.

The pound later fell hack half a cent in close at 84.10%. over lllonday. The Canadian finished at 10 pcrccnt discount, or 00 cents, up 5-10 of n cent. This repres- ented a prclulunl on United Stntcs fumls of 111,5. per cont.

Fevcrlsh trading featured early dealings and the advance started yes- terday when the Washington Govern- ment declared against stabilization was continued.

Measured by the advance in tho Front-b franc. at the close of trading today the United States dollnr hmi fnllcn to 80.00 cents ln terms of gold.

uvEsTTicK

(Canadian Prsnl) MONTREAL, June 20—0fierings on the two Montreal livestock markets todsyjotnlled Loss. Revels" We" composed of d1 cattle, M0 calves, 15.7 hogs and 172 sheep and lambs.

Thom were not enough cattle for snlc in cause any change in market quotations.

Calves were steady. liiodiunr tn medium Rood quality calves were sold for to 84.50 with failr kinds a- round $4 and common lirht from $3 to 83.25. Plain to fair drink- ers brought around $2.50 to $.75. flood quality lambs brought $8 with m"; one at $0. Sheep were unchanged

of the sales between $2 and 82.60.

Hugs were steady at $0 to 30-95 for bacons and butchers, with the hulk at $0.15 and 86.20. Select bacon!

:1 per hog premium. Hcnvlcl $7.50 to 8.175. Extra henrlf’! $5 $0 $6.25 and lights so to SIL-i- Se"! were from H to .75-

zv. Y. CURB

(Canadian Press)

Stocks Amer (‘you Ii ... ... Amer Sup Power As Gas and El .

The cheese market coutlnucd to h:- n

nd was consistently ‘strong. r t 4 68 then mor- .

pound .

$4.20 on the New York Foreign Ex- . snothcr l

McDonald.

KXNDIIGABTE

NOTlCE.-'I'he will be laid up for

her place.

ial preach St. John Anglican

Morning prayer; ‘l.

Markets

‘Fnroni o and Toronto lower.

New York-Stocks ‘Viunipeg-Wbeat

sugar and coffee fir

(Canadian TORONTO, June 2

‘Stoclm

Acme 0Z1 Acondu . Ajax Oil Alb Pnc Alex .. . Amity . Amulet Area Arno .. Iiobjo . linirnruac -i'lnli ... Il-Rloiuls Bunk Hill . llrnlnrno (You Pnt (‘almont (‘rustic-T

(‘oninurum . Dome Mines

hlciVnttcrs ... ... .

Nnrnnda ... ... .._. North (‘an

W-Cough ... Wright Hap Silver ... Total sslea 1.

veal! (r h e

Eirlorndo ... . Gilbcc . Gnollfiah Hair-rows

Kirk fluut .. Kirk Town Lake liiaron Tn-hci Oro lllairoblc .. ilhyiand ... McLeod .... Night Hawk

PLEASE BAVE ORDERS in early today as our Grocery and Meat stores close this afternoon. P. J.

day morning at 10.30. All those in- terested in Kindergarten work up invited to be Present. 1278-6-20-81.

l‘ FRIED CHICKEN, , Potatoes, Salid, Hot. malls, Pufl Pu- ‘ try, Cake and Co Hollow Inn," Georgetown.

nesday and Thursday, June 21st and 22nd. A Motor Boat will take

WINLOE UNITED CHURCH OI’ CANADA-Rev. L. J. Leard will preach his farewell sermons at the following places on Sunday, June 25th: Winsloe North ll; Winsloe South, 8; Prlncetcwn Road, 7.80.

CHURCH SERVICES-Thursday

1303-6-21-11.

N closes Thurs-

Scalloped flee at "Sleepy

1309-6-21-11. S. S. Hillsboto repsirsonWsd-

1217-8-30-31.

Even Macflousai will preach Thursday. 22, Birch Hill at a p.m. —--. RUSTlC0—St. Mark's Anglican chlllchi 33° Pm, Sunday School; 3 D-m. Afternoon service. Rev. E. O. Lancaster.

BUD AXWORTHY will be at Fflfquharsonb Livery Stable from Wednesday noon, till Thursday morning. raao-ss-sz-rl.

POIJCE COURT-At the Police Court yesterday morning a dmmk and incapable was fined ten dollars and costs or ten days. The case of l. man charged with wife beating was adjourned.

ON MOTOR TRIP-Mr. and Mrs. John Wilson, 10s Angeles, Cal, on a motor trip to Nova Scotla, are guests oi Mr. Wilson's sister, Mrs. Pred Campbell. Another sister, Mrs. J. L. Walsh, of Wars, U. S., has also been visiting Mrs. Campbell. On Monday, Mr. Wilson with his wife, Mrs. Campbell, Miss Lillian Camp- bell, Mrs. Welsh and Mrs. Arthur Wilson oi Waverly, Mass, formed a. motor party to Murray Harbor, P. E. I. The party arrived back ‘Ifiiesday night leaving Mrs. Walsh who will spend the summer in P. E. L-Windsor Tribune.

CHURCH OF SCOTLAND-Rev.

PAGE NINE

P. O. I0! 184,

HARDY PERENNIAL PLANTS

At each, if ordered before September 30th, lll-ILPIIIIIIIIMS. $WEET W|L|.|AM$, and others.

Price list on request. JOHN T. HUNTER,

hndscape Gardener, CHIPMAN, N. B.

JUIIB - .

146 Richmond Sh,

E. R. BROW

Fire, Life, Accident, Sickness and Plate Glass Insurance at Lowest Rate.

Agent at Summerside, Lloyd Lewis

Charlottetown

la Curran. The regular monthly meeting of the St. Teresa Sub-divis-

evening 730 p. m. St_ John's Angli- can Church, Milton: Rt. Rev. John Hackenley, D.D., will be the spec- and administer the rite of confirmation. Sunday, June 25th.

10 a.m., Sunday School; 11 a.m.,

prayer. Rev_ E. O.

.Glance

(Canadian Pres!)

weakened uncb-r profit-taking. Alums-Closed irregularly

New York-Amber and cotton lower;

puzzvrzvc i