EQEMBER 14. 194s

m"

rm; “GUARDIAN. qlgaaporrlzroivu

race savcL

Does 0i|y llair Mean Unhealthy Scalp?

5 ‘Natural’ 0f! may ven L H

to the jchoulands of air openings in yore llltileptiogl

lament it need; by and lustrous. F l l: c 1i Dondru Shampoo is the 0n _ mntead to x-emp 11's creamy, sci er gives your ha

You: hair may be nature

Oil is not necessarily harmful, but your hair tra a

N's-in fact, c0 lasts more dirt (n a single hour than your body don in a. lull day.

This dirt combines with scalp oil, dried skin and per- spiration to form a _waxy_accu- mulation ‘which lies tightly over your scalp and chokes of? mpel‘ nourishment from air. To keep your hair a un- dank, good-loolcln , and attrac-

llealthy and pe ectl

' Prove It Yourself

Shampoo for ll hair-start Fitc Tad;

Dandruff Remover SHAMPOO n

Dandrufl’ tells you to take are of your scalp right now. 8o dissolve and wash away all dirt and dandruff with Fitch Dmnlrufi {remover Shampoo. PHI/ch Shampoo vrorks right

Slight Increase ln INDIAN CADET com-s

ll. B. llheesellutplll

SUSSEX. N. B. D90- .. Production o1 cheese 1n New Brunswick this yenr DOllIIdS more than in 1947. with a in ml" cent increase 1n value. re- ggflfi slltvlvcd recently at the an- nual nwllng o! the New Bruns- wick Cheese Board. The i947 fig- m; were 752.208 pounds valued

DELHI - (ca) -—Nea.rly zsspoo members of the Indian

National Cadet Corps are r

ecoiving military Wear course at 1n different A womenh w) to be raised

training for a, two more than 59 centres parts of the country. division is expected

Year with a. strength of 000

straws IONIC?! M501 HALIFAX - (CP) —Tho 1949 Richard 11. Pearson. of Bellelsle.

president. of the

licence plates for Nova. Scotia. will and

embossed black numbers.

VISIT TIIE K&R STORE WHILE IN cnnnlonncwn

Wur Surplus and New Stock:

Army, Sunroy, Red lndion and Yukon blankets.

Raccoon, Buffalo, Mountain Gout and Ladies’ fur cools.

Men's overcoois, Mockinows and Reefers, Sheepskin.

Army, Navy und Airforco Burberries, ruincoufs, bottle dress jackets, heavy punts, cops, overalls and breeches - all

Underweur. sweaters und socks.

Flannel, Doeskln and dress shirts.

New oxfords, army and rubber boots and rubbers.

New and used flight boots.

Women and children's new ond used winter coats $7.00 to $15.00. Snow suits und ski pants.

Shoes and snow boots, rubbers and slushers.

Fight suits and Teddy Bears from $5.00 to $15.00.

Points $2.00 to $4.50 per gallon, also varnish stain.

109 l-2 Richmond Street

\..\,.\..\\

Iflfl Illllf IILVIRFLIV‘

Service For Eight

CHIPPENDALE TAIL! CHEST furnish Proof ay steam:

:v.i».~.-.r.=w

D RETAIL PURCHASE TAX

._ fiaylow

bullm I5: ti...» Queefamlli

r§'II!\.TO1'P€i].

gym‘..- w;

“llullen Amendment

(Continued from page 1)

u. Two of these are referred by Duff, J., as he then was,

tarlo (1924) S.C.R.. 342.‘

cf a system o! licences";

hibltory";

was also referred to by Duff, ti:

uor, the sale being conduct

Government agencies; (d1 In some Provinces, and

here concerned. Iuterveplng Phase

lntroductloll, in 1945, of what.

Amendment". For convenience, to that. nlmendment itself, but

amended in 1945.

ion was at. first in the nature

ued to be sold by the druggis

mission.

ion of beverage use. The Prohibition Act. lncludln

fence alleged in nppeal No. 6138. Valldliy Taken For Granted

In the course of the argument on the appeals, the appellant and

the Cullen Amendment was val- idly enacted and was in force at the time of the alleged offences. The Crown apparently administ- ered the Prohibition Act for near- ly three years on the basis of the

our BOARDR-‘G nous: Non w

i1‘! i! ,_U 3 m B

more or less clearly defined phas-

Smilh v. Attorney-General of 0n-

la) “The trade. including sales in ‘saloons,’ inns and restaurants Where liquor lll-lsllt be consumed to which I have referred. on the Premises where it was The argument therefore pro- sold, as well as sales by manufact- urers and wholesale and retall merchants. was regulated by means

(b) "In localities in which the

(c) 'I‘1le third phase. commonly known as Government Control.

C. J.. in Reference Re Canada Temperance Act (1935) 8.011.494. continued unamencled, he was The essence of this type of legis- lation ls lo mgulate the sale and corlsucnplfon of intoxicating liq-

moro or less exclusively through

In Prince Edward Island, there was an intervening phase between and 1c), resultant upon the

the state of law prevailing under the Prohibition Act, as allegedly

local option under the sanction of Dominion enactment, now known as the Canada Temper- ance Ac: (Part II.) A Provincial prohibltory law was passed by Prince Edward Island in 1900, wlhich prohibited the sale of 1n- toxicating liquors for beverage purposes. (The operation of the Canada Temperance Act, part II. was revoked in Prince Edward Is- land by a Dominion Order-in- Council passed 7th April 1906). Liquor for medicinal use conun-

rhe Cullen Amendment. was re- , peeled m 194s. and was replaced Section so of the British North by n. system of Government Con- America. Act made the Drwlflfilfls trol. The repealing legislation was of Sections 55-57. IeSPNtl-IIZ llle assented to on 25th March 194s, Assent to Bills. the Dlsallvwemfl but did not come into force until of Acts. and the Signiflcatlon of 6th Jilly. a dale fixed by proclam- Pleasure on Bills reserved. EX- ation after the holding of a pleb- fond and Apply l0 l-lle l-lefilsl-“lllres lsclte on 28th June, which incl- of the several Provinces (mutatls dentally was the date of the of- mutandis), and 0111s eXlwslilfl W“

respondent both maintained that

HPNE DOUBTED MY ‘ Réseilvolk 0F FACTs t SHOT5- Tone m o» ‘torsion-W's;

"Amendment's" validity and, since the Cullen Amendment. was less restrlctlvo than the provisions of

t ha d limb??? tlifhlrltel-iglebr lllliixllets m" "w" m“? bl" W" to dispute such validity. In view

the Cullen Amendment would be t0 more favourable to the present

iu appellant (accused) than its inva-l- "mt “mum” Amm-

w "Cellophane Curtain"

l5 scmbly was not then in session.

up till 1918, vthen a new Prohib- Sea‘ 55 of the British Norm illon Act was passed, continuing the prohzbltion of the sale of bev- erage liquor, and restricting the sale of medicinal liquor to ven- dors to be licensed by a board known as the Prohibition Com-

subiect to the provisions of this

Sec. 52 of’ the I918 Act. purport- Act and u, Her Majesty's mstruc. ed m pmmb“ me P05595510“ Q1 110115, either that he assents liquor not obtained from a licens- ed vendor. The 191B legislation, that he withhold, m, Queen's revised lllld consolidated in 1937.

remained substantially constant 1 I m tum an“ 01 me until ma, when the Cullen Am- B“ m” e 5g c 0

endnlent permitted medical men secuons 55 and 57 "y, farm mp lo issue prescriptions in two forms: The first; 15.47 (1); Form 9) was a continuation of the usual prescriptlclls for medical use and and m, {be ‘ggnmcagton 5f the not as a. beverage; the second ' ($.47 l2! Form 9A1 was available for purchase of lfmlted quantities of liquor at stated intervals over a period of slx months. and eon- tained no reference to the exclus-

thereto in the Queen's name, or assent, or that he reserves the Queen's pleasure."

proceeding; ulhlch may be taken for dlsallowance o! a Bill which has received the Royal Assent.

Sovereigns pleasure on a. bill which has been reserved. bu! “sakes no provision I01‘ any 111.1‘- tller proceedings on n. bill from “mph the Royal Assent has been

11,111; ld. g w eAppllBl To Province!

lurther applied to this Province by its forms of Union, as incorP- Orfllfid lnlo the Order .01 HEY nlpjcsty in Council of 28th June 1873. '

The total result is that |. Lieut- enant-Goveznoa- may M!!!" 9° E bill m the sovcrelsn’: name-yr l" may withhold the sovereign! M‘ sent or he may TBWYVE m‘ 3m for the signification of the Gov- crnor-General‘: pleasure. A bill

no A

CALL

Qmz SHOvQI-uuqp / .... tar we / a 8- m caress: Peaches As SHARPA I

ldity, I war, at the time of the argument, of the opinion that the Court should not go behind the common contention of the parties

ceeded, at great length and to extreme profundlty, on the as- sumption that the Cullen Am- endment was in force. I fully con- sidered all the points and auth- law was in force. the retail trade oritles submitted, and a great in spirituous and fermented liq- uors and in imported wines was altogether abolished. Legislation of this last. menlloned order has generally been designated as pro-

many more, and arrived at an opinion which I proceeded to in- corporate into a draft Judgment. The opinion which I definitely leached, and which I stale here only by reason of its bearing on costs, was that 1f the Cullen Arn- endltnent was validly in force, the Ell appellant was not guilty of the charges, but if the Prohibition Act

guilty. But the far-reaching, con- stitutlonal, nature of the findings of law on which that opinion was e3 based convinced me that such findings should not be decided or stated 1n the artificial setting o! l" a repealcd statute which may "will!!! degrees. mere hBS in re" never have been validly enacted. cent years been iltgrafted on the Government Control system, the permission of sale o! certain liq- uors on licensed premises for "118 that, 1n gm, 1nd eve-n 1n consumption there. With the last typo of legislation we are not

While the situation 1s not a1- together academlc, it may be said to partake of the theatrical. It is

some criminal cases, a stated case may enable the Court to decide questions of great importance on a set stage, and in front 0! B screen which protects other issues from scrutiny. But this is not a stated case, and, if it were. m? screen would be so transparent as l‘ to reveal clearly the existence of popularly known as “the Cullen a mndamengar 155,19 behind the

1 scenes, and the al-tlflclallty of shall use the expression "the Oul- may on m, sgagg

len Amendment" to refer not only

I therefore feel constrained to peneLrate the csllophaneucurtain. and Lo examine the va dity of The prmliblmry WP’ $193313“ tlle Cullen Amendment. At the l’! session o! the Legislative Assem- bly ending 19th April 1945 Lieut- enant-Governor LePage withheld the Royal Assent from the Cullen Amendment, which had been pm- sented to him by the Assembly. On the following 28th September. His Honour’; successor, Lieutenant Governor Bemord, upon the ad- vice of his Executive Council, is- sued. Letters Patent, proclaimed the next day in the Royal Gaz- ette, by which he purported to give the Royal Assent to the Bill concerned. The Legislative As~

America Act, 1867, provides as fol- lows: "Where a. Bill passed by the Houses of Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his discretion, but

the Legislature."

laturei . No Fresh Presentation

present the same Bill, and

been proroguerl.

vinclal Act.

firmed.

by Stipendiary’ Magistrate E. H

"""3'1llli$ 5 .

THE ' was amass lNHALeAFEw- MPISOR , Afsbonaonn’

HANGTNG CQEEP LP ON TH

A LlTTLE 811' SNEATV-HAND5 =

lug up lo the second case occur- red on the day that the plebiscite to decide between Prohibition and the new Temperance Act was held when the appellant was pursued through the street-s of the town

by the RCMP. at high speed and with slreu walling. The facts of the case were 1101. in dispute in the appenl and the case was amu- ed in the supreme Court on legal grounds alone. Mr. J. O. C. Camp- bell. K.C.. represented the appel- lant, and Mr. W. E. Darby, K.C.. acted for the Crown. The legal arguments were exhaustive and took up a number of days during which the whole history of liquor legislation in Canada was review- cd. The appellant was represented in Court yesterday by Mr. E. E. Arnett as Mr. Campbell has since

Z

1M some W‘ j ALONG To

/

srocnsrlcs AND CATCH f?

l e "lcwl n ;::*:..:;:.:::".::i..::;.::::*... lilr In e ews Bl-llwhl-ch has been “reservqflmay \

no provision for re-conslderation

h, n, mm o1 a “wlchheld" Assent. Even in °' m” m‘ " a ° V“ y °! hhe case of a "reserved" Bill, it ls the (Inventor-General who may

The precision with which the m-itish North America Act set mrth the procedure for later con- sideration of Bills assented to or reserved seel-ns to mo to indicate an intention to cover the vnlaole field of Royal Assent, and tom:- clude the possibility of a withheld Assent» being later conferred by a ntethod similar to (or, a. fortiorl, less precise than) the methods prescribed for later proceedings onnyastsgnts aranted or reserved.

e combined functionin of the Sections 55 and 90, the Lieuleflf Th’ rmvmcm exwuuve ant Governor makes 111s ar - a lion as 1o the sove-reignsDeAclseizllt. “rdayr Dec’ nah’. and discuss? 119011 "he presentation to him o! many matters of interest to ll- lha Bill. As Vlscou l; l a Guides. . said, In Re The lnlltlatifil: dag: 398ml‘ were expres-seé by ‘i.’ Referendum Act (1919) Ag, p_ 3.0. MacDonald, Provincial 1 312th 943. “In accordance with the an- mlssioner. regarding u“ m “i, alogy of the British Constitution of Mrs. Realfi- W55 Mm“ so‘: which the Act of 1867 adopts, the had kindly awelmd “l” d“ "S, °.‘ ‘ = sents the soverei Mrs. Hfl-ITY .

Zn is a Dart of with he‘, Deputy Commissioner;

1 therefore take it that Sec. s5 WWW" b!’ M“ “m” “mm” - contemplates the "Presentation" End Mri- c°rd°n Hlltcmnéox}. w. 0f a Blll in the Lieutenant Gov- celled l “mllmlssloners “aréur: crnor by the Legislative Assemblv Cmlglawlalmns we“ extender ~y (b81112. in our case, the only B-llfilembers- Mrs‘ Bu“ Flglgfxitxr; Chamber of our House of Legis- ma" °l the musical comps" on o

It would, perhaps, be stating u‘? 1°?“ "“",§°5,"‘,‘§,,§ gfeitd £11‘: the case too strongly to say that l“ “e5 mg 20nd ,, training’ was the withholding of the sovereigns QH- Beer’, 1 eabseg’, and M”, cud. Assent is equivalent to a. veto, or “xllmmna ey a‘ that it kills the Bill, as conceiv- _ ably the Legislature might re- h" helm“- l‘ w“ °°“slde"d high i! might thereupon receive Assent: .0 3;, but, no provision being made for ‘he ablelldln“ guides’ The “sfmf subsequent action on a withheld “y 00112311.? efwwilnintsllgllaztrlzg Assent, the Lieutenant Governor ma" 10b o! the mod and would appear to be functus oflicli, blunt,“ M“ Morton Dew at least until the Bill is re-pre- ‘ g" " sented to him by the House. In the case oi’ the Cullen Amend- t" “d presented a detailed report lnent, no fresh presentation was d‘ _ made. and the Royal Assent Pur- cmlzmfiie; fzgigeiguggxezixi? 1115,31 parted to be given by the Lleut- W‘

cnant Governor's successor several j. months finer me Legislature had Mrs, MacDonald for her news wr be

I therefore hold that the Cul- len Amendment never received the Royal Assent, and never be- came law, and that the Prohibit- ion Act continued unaffected by the oullcn Amendment until its effective repeal on 6th July 1948. By the combined effect. of the Prohibition Act and Sec. 156 of the Canada Temperance Act f part IVJ, possession of New Brunswick The he“ Liquor Control Board rum is an offence against Sec. 52 of the Pro-

The Court. therefore adjudges that. the two convictions by’ the Stlpendiary Magistrate be con-

(The result of the Chief Just- ices judgment has been to con- firm the conviction of Gallant on two Prohibition charges in appeals that have been before the Court for some time. The sentences of $300 and costs in each case which had been imposed in a lower court

Strong, KC, were reduced to $200 and costs because, it was explain- ed by the court. due to the pecul- iar nature of the judgment each case would be treated as a first offence. The Court also ordered that the Crown would pay all the costs. In both cases possession of New Brunswick Liquor Commis- sion rum was involved, one pint in one case and three pints in the other: case. The incident lead-

a

1s

Girl Guide Association met on Sai-

the Bessborflllgh Shield gave an in- terestlng report. Details will be published later. but we can w "m

more reviewed the Guide rally on

ly successful and much usiul {mow- ledge must. have been acquired by

was chairman of the commit-

of expenditure and thanked her

of public relations, was thanked by

up of the rally. Scout and Guide Week to be held in February was discussed and a committee formed to deal with the programmes for the week.

Mrs. MacDonald announced that with the approval of the members the annual Guide Association meet- lng would beheld in May this year. All were much in favour as it W35 considered a betlfl tlm! than the fall as previously.

executive meeting would be held at the home o! Mrs. Cudmore on Saturday, January 8th.

The 7th 'I‘r1n.ity Company held their annual meeting on Tuesday last. After inspection Nancy Hynd- man received the prize for the highest total points during the month of November. The remaind- er of the evening was taken up with rehearsal for White Gift Sun- day on Dec. 11th.

NEWS FROM THE BROWN OWL OF ZION PACK

I do not believe that. you have been hearing any news of us lately. We have been‘ pretty busy with a Hallow-even party at which all the

Surprise Him at. Xmu

Hat. We have his size

Braces. All elastic or

matched sets, Braces

Belts Ln “all leather‘ with fancy buckle or plastic. We think they are extra good.

locks in Kroy Wool of Mercury A grand as eomnont. 51m up t0

llarry A. Macllougall

30 Brownies had a grand time and

"BETTER MEN'S WEAR"

a. cake sale when we raised the sum of $17.20. (What. are you ‘going to do with all that money Brown- ies?) 0n December the 9th a Christmas party was held. The parents and little brothers and sis- ters were invited. Two little Brown-

» 5hirt stock never

was be lter

Slzes l4 to 1'1 1~Z

“Down The Chimney" sang; Bring us a. Doll" Solo, Bever- ly Block, "Oh Santa, Oh Santa."

ies, Carol Stavert and Joan Wilson welcomed the guests, and Beverly Block and Elizabeth Small dlrected. Brownie Emma Messervey provided a Christmas Tree and the Brownies decorated it and the hall with decorations that they had made at previous meetings. The party open- ed with the fairy ring and Brown- ie promise. The grand salute was Riven in ltonor of the guests. After bringing in their fairy gold, the Brownies took their places around the Christmas tree and the follow- ing was carried out under direction 0f Tawny Owl Soln, "O Little ‘Town of Bethlehem" by Norine MacLean. Duet. Patsy J. MacDon- ald and Marilyn MacDonald.

taken a position with tho Provin- cial Government and withdrew from the case.)

Btu. PLATYPUS to TAQMANIA? W-Yiinva

l s. "43..

\\\\\\\ \\\\\\\\\\\\\s_ s

__/\’.

recitation, Narva. MacDonald. Duet. Janet and Judy MacDonald, “Jin- gle Bells". Chorus. Housetops" “Jolly Old St. Nicholas" “Here comes Santa. Claus", "Away in a Marlger", “Holy Nlght".. Lunch was served in a chamning manner by Gail Currie, Suzanne McLeod. Elizabeth Jones, Nerlno MacLean and Helen Power. ‘The leaders wish Bmce MacLaren. Mrs. Small and Mrs. Llewellyn 101‘ assisting with lunch, and we are V€l’y grateful to Mrs. MacLaren for the assistance that she so willingly gave at the party. The party closed Brownie taps. God save The King and the magic tun- n .

to thank Mrs.

NORTH AMERICAN LIFE

l. S. STEVENSON

with prayer.

saunas wmzaisr The fore-runner of the bicycle was used in early EzYDl-

eeaopslrz Fri-us GUlZ. l5 A mute

AFFAIR .'-<--6HALL we TAKE OUR MlLLlONS 0t‘- us-rersarzs THROUGH 50MB OF- MY EMTHQALLNG AD- vemulzes~acr "me POLes-~n¢ A CANNIBAL srsweofwnxv , aoesr OF 114a sees oFT-la poem- l.