.. ‘swim-d...

-.A--....._.._. ‘_ lnsnual¢nna

l i i I i

_.....-...,.._. ,-.._..~_....

. 1 1 d A . 4 4 a o c 6 6 0 . 0

"Leg! Tillie:

Nora bring you-their NEWV

...the kid in the three-cornered pants! It's o howil;

Powinlttt MOTHER THIN MAN

swift Virginia GREY - Otto KRUGER - C. Aubrey SMITH - Ruth HUSSEY - u -' Nat PENDLEION - Ptric KNOWLES - Tom NEAL '

LATEST WAR NEWS --

ACTION SPECIAL

___._/ _,_,__-~

Marci!" a pair ef Haring six-gals against

Hui-waving naval Nick and‘

EST and FUNNIEST hit. . and.‘ ' everybody’: hoppyl Asia's‘ back, too .7; and wail until you meet the grand new guy

——iCAPITOL —

M ROBINSON.

TODAYWBLACKIVIAIL-‘t rarest-lie PiililiiE rlilluuin- Bigflfook-Enil spttah-FRL-sAT. iiEli “Tlllll Milli” lAlIGll TliIllLLEli TIIE BEST!

,Mr. and MrmThin Men have e l-A-B-Y new! TWO of liiem were funmbul THRII gj them ere e rioll

WALT. "UGLY DUCKLING"

‘ill. eaowa A‘! u: - 1.00., m

AT. MAT. 1J0

Appeal

Saunders In

and baunders in the case reswtmg from the provincial election contes for Councillor in the Second Dis- Queens. in which the candi- . B. W. hePage, - . R. R. Bell, were filed in the Supreme Court yesterday. In a previous judgment, uluef Justncc Mathieson had found that the County Court Judge had im- counted oertaui ballots for Mr. e, and issued an Oldtl‘ directing the Judge of the County Court to comply with the provisions of the Eleftion Act in respect of the recounu had before him on June 3 and 5, U39.

Hem thLs order and Judflmefll- the present appeal was taken to a court of appeal composed oi . Justice Arsenault and Mr. Jushce Saunders. Objection was taken by Mr. Bell's coun el on the ground that the Chief Justice had sat "per- sona designata’ ‘under the Election Act and there was no provision for appeal against his judgment or or- der. It was eed that this ques- tion should f s be disposed of, and it was on t is point, namely, whether or not any appeal lies, that judgments were filed yeuerday;

Mr. Justice Arseniiult hoiils that "this court has no Jurisdiction to entertain this appeal. and it should accordingly be dismissed.

Mr. Justice Saunders, on the con- trary. holds that “an appeal lies in this case"

Fbllovri-ng is the complete text of both judgments:

n:

that’

TODAY FRb-SAT. I

GEORGE "GABBT HAYES

PLU S -— COMEDY — NOVELTY

REEL AND CARTOON

i Dorothy Dix ’s Letter Box

kr w h m ‘I ‘(continued from rage 2) llrvvcerwha eeii hi joy being w.th her more that §futs§i§§$§$1f§ls§1sltfi§m° om I 8-Way from her for a. couple of weeks, as I often am I iihliifilif 11,731,]; her on the phone About Iélzllxllb meg?“ for two or mree days before I ca“ - Y ago I went with a girl and 1 Lhgughg lfoalfiivandhigilllflim act book last enough to we . , -. , ., ays a ‘ill and a. fast heartbeat B .l l, , -, . - m» 2.81%.‘. ‘.l‘é¥.-;flé“‘.tl.§‘t3‘in“‘“" B“ W» about ll»- ~ Y mflre emotion when she meets me than l ONDERING.

to see her. e

oi her all tne time I was When I did see her I do when 1 meet her?

Answer: Well, it.

doesn't seem to me that there would be _ fl - - , . - _ much sweetnes or gmor in that sort oi Icebox Wedding calm but, ,1 you have 105, your Lgme ,

for gooey sentiment ‘ 1 i . - mom and not Settmglxfligasglvlgg§tg1$ts&klgghbeintz wholesome and nutri- I

There is a lot to be said for plfilfo... v0 (e Wm, ‘Phat a. judicious choice hnlgljr% can se,i°,‘,i,i,,,“°;ifi,-

Way YOU can make

9°.“ What Y“ Wlmirfll good cook. a congenial companion sOmebgdv who

will see that your dinne ' f 1 But don't you thirjisir ‘thlftffylouvour

anccd. v home to in the evening, somebod foolishly fond of you, somebody w for you?

a . lbl

gelatin}? fifiliztig. “um

fflfVffln Today's Short Wave

Radio Program

(All Time is Easiem Standard) Simmm-a-v-venwnm TIIURSDAY. JANUARY I1

BUDAPI-Jsl‘ 7100 D.m.--Hungarian Dance, l-IAT4, 9.12 meg., 32.3 m MOSCOW 7:00 p.m).-Broa.dcnst ln Eng- lish. RVDB. 15.24 meg, i9 7 m.; ENE. 12 rr|g., 25_m,

Collection Agency 127 Grafton Street Over Holman’;

TELEPHONE I752 CIIARLOTTETOWN. l‘. E. I.

l‘ Send u: your accounts for

collection. i

Results assured. l.‘ Jjtifiilillliltlii blI-II-j-i-l-é-l-il-ib-IG-ll.

Baler relafmahle.

ipg-h- i m“. ll YOU are contemlaaot

. f-Qcks darned. the budget bal- Wlll “mt somebody you will huriy

to Pfihv Wu 8on1. body who will Le 0 will Just make the world go round

far...

7:30 f).m.—-News in Englsh; Opera selections; Rsslta Jemma

Wade 2R0, 11.81 meg. 26.4 m.; m1“. 9.83 meg, 305 m.‘ LONDON

8:00 p.m.—Talk: "Background to the News." G51), 11315 1mg“ 25.5 m.: oec. 9.5a meg, 31,3 m_

MADRID

8125 p.m ——Ncws in English.

EAQ. 9.86 meg. 30.4 m. TOKYO

8:30 p.m-Orchestra

15.16 mrg., 19.7 m, BERLIN

Brio IHTL-Up to the Minute Talks (English) DXB, 9.61 meg., 31.2 m-i DID, 11.77 meg .254 m.,

PARIS

9115 p.m.-Light Mus'c. TPBII, 11.88 met!" 25.2 m.; TPA4, 11.71 meg, 25 6 m.

PARIS

10:30 p m.-Ncws. TPBli, 11.88 mam, 25.2 m.; ‘IT/H, 11.71 meg, 25.6 m.

JZK,

BERLIN 10:50 p.m -News in English. DYE. 9.61 meg, 31.2 m; DJC. 6.02 meg. 4W8 m, LONDON 11:00 p.m.-—F 1i News Blullcfn. GSC, 9.58 meg . 3113 m BERLIN 12:00 p.m.—-N:w= DXB, 9.61 meg, 31.2 m;

in Eflflth. DJC,

CAI 1110]., 10.8 I.

' CANADA

p R I E R Province of Prince Edward Island

In The Supreme Court of Appeal. IN

MAJORCA .

On ap Chief Justice Mathieson, Sitting in l I35‘ BENTLEY RIDGE

Court Copyright

l ‘ l In the matter of The Election

Act, I022, and in the matter of the application of R. Reginald Bell for an order under the said Act direct- ing the Judge of the County Court of Queen's County in said Pro- vince to comply with the provi- s! ris of the said Act in respect of a recount had before him under the provisions of the said Act, on 33;‘, 3rd and 5th days of June AD.

"What is happening?" Kitty de- manded breathlesly. She came for- ward unhesitatingly, She looked at Roger, trusseo up. limp and shaken, anu her lace turned red and then

, ARSENAULT J. Dated 10th Jan. A.D., 1940

white. Bradford W. LePage Appellant Rog managed foolish rin, M! and weilnlfeci at henal-Ie wantedghei" R. Recinold Bell Respondent

to know that there was plenty of liie in him_ yet.

The soldiers trooped out, the door shut and Kitty and Senor Nome faced one another.

"Now we will hear what you have to say!” remarked Senor Nome in his most dangerous tone, straddling with logs apart, and commencing to subdue her with a savage stare.

Kitty looked him straight in the eye and replied shar ly:

"Yes, we will. You loathsome

In the above matter I copy the following undisputed facts from the Appelianvs Brief :-

On the 28th day of May A.D., 1939 the Appellant. Bradford W. LePage, was declared by Harry A. Jenkins, Returning Officer, elect- ed as Councillor for the Second

been lifted upright in his chair.

murderer!” Two breathless soldiers were pick- Senor N0me's eyes opened ing up scattered pieces of hot char- wider coal. Kitty, panting and dislicvellerl,

"You're not a politician-men like stood fina you don't stand for any iltical party!" Sihe swept into e. fearless rush 0f words. "'1 ou’re just a gang- ster. You're just one of the crnnln- uls who lump into power as soon as the world gets too disorganized to

lly captured _by the other. A silence full of awful potentiali- ties hung over the proceedings. Sen- or Nome stood maje_tlcally before them; he was speaknig.

“I have decided what to do,“ he was sa n

I YDI‘.

Y1 B-

"Nowl" thought Roger desperate- ly. “Now for the death sentence.” With the suavest of contemptuous smiles Senor Norrie went on:

' “I have concluded that you are speaking the truth when you suy that you and your friends came lierc without intention to ccmllut uny political offence. If it were other- wise of course--! But things being as they are, then to-morrow morn- ing u will all be planed aboard the Brit steamer “Maiden? winch is in the harbour now. The "Marian" will take you to Marseilles or any- where else you may wish to go. _ I am no longer interested in keeping

keep you shut in a madhousei"

Roger. though he admired her un- daunted truthfulness, writhed with apprehension in his chair. _

“I w0uldn‘t han you," Kitty went on. glaring sombre y at senor Nome. "Id shut you up! You're mad — mad, that‘s all!"

Senor Nome found his voice. His face twitched.

‘files?’ he said. “Yes?” Is that

so

Homicidal!" said Kitty. "Our age will reel; through history with men like you."

“Yes.” said Senor Nome, He glanfed at Roger; He looked rather n e

p ss. i-Ie commented to the you here!" WONG 1X1 heffll! "The young lwy He nodded curtly, picked up his has a lot say.” cap from the table, and walked out

of the room. , The session was over. “Well. I'll be dzitrned!" said Roger.

He slumped in his chair, too as-

ORDEAL BY FIRE

He raised his voice suddenly and Horned command of the situation. founded to believe it. “You 6Y8 8 Irreat chatterer. Per- “Did he mean it?" said Kitty, haps as ‘ou are so eager to talk. dazedly. you will ll me what you were "Apparently!" Rigger was dazed (101111! here last night in that yacht? too. It all seeme quite without Thu; ialnous ydc t—if lt ever ex- can-e, Such a terrific scene, and isted." 4 4 then-that! "We were crulsuig," said Kitty. The soldiers were iintylng the “Lies, llcs lies! You all tell me cords that bound him to the chair. lies! You dare to pretend to be Loose at last, he rose shaklly, grin- Irleuds of the cause. after telkins hing reassurance at Kitty. Bentlmehtflhy about. lnurder." He took a step or two, then lean- Sencr Nome took a ste towards ed on senor Name's table a mam. Roger. Kitty stepped qui ly before (mt u) steady himself, llliil. _ “How are you?“ Kitty's voice was "No!" she clued, startled into ter- shaking, "No"' “Not. 5o bad

Without rhyme or reason, whole hh

of a madman _ Roger's eye fell on something, h.| atten ion was rivetted. There, half hidden bv a paper on Senor Names table was a paper-xvelght. A plaque the self-same, exquisitely carve green jade plaque which he had seen K tty pla ing with in the saloon of the " lorious Kate"! difli/farchl" cried one of the soi- ers.

_ y. Senor Nollie smiled and advanced. The brazier W3.) just beside Kitty.

She snatched up the poker, he

grabbed at it. She flung it at him.

c ducked. and lt mixed him. In- stantly she caught up a pair of tongs from the iron stand of the brazler, and grabbed a great glow- ing lump of charcoal from the fire.

"Keep away!" she cried. , "Keep away!“

Roger, maddened. aweated and struggled to wrest himself out of the chair.

Senor Nome stopped and bowled for the guard.

‘The soldiers came tumbling in through the door.

“Tie that woman in a chair." ord- ered Senor Nome. canning himself. the saloon of the yacht arrived

Kitty got her back to Roger. The among the papers on senor Nomes soldiers advanced on her doubt- table? fully. The soldiers were close about.

“Keep back!" she grasped the live them and Roger could not menLon coal firmly in the tongs and raised what, he had seen to Kitty. Anv one it threntenlngly. The soldier nearest IIIIIO them might understand her threw an appealing glance at 11mm; ,

Senor Nome. e soldiers marched them ilp "Put down that wall" said 5on0! the stairs to the second floor. They

Nome. He picked up a short bnrrel- uf; Kitty into a small room, locked

led automatic from among the pap- he door. left at man on guard nui-

crs on his table. “Put down that sid cunl. or I'll shoot your friend fur her along the onstage. through the head!" Cullen, charlie and Geoffrey

Hp levelled the gun at Roger.

Kittv dropped the coal instantly. The soldiers made a dive at her. She dodged them, tripped over the braz- ier, and the hot coals flew far and A soldier to

the

CHAPTER XII MYSTERY 0F A PAPER-WEIGHT How had the paper-weight from

guards locked the door on them. Briefly, in answer questions. R0 er told

wide across the floor be "Marian" in the morning.

lump of hotcharcoal. cautioned into Roger's chair. For the third time. . he and the chair went over. This He told them about. the flrvrn time it was backwards: his hearLjarie plaque on Senor Nomi-Ts table. struck the floor. and everyllfng "The paper-weight from the wont black. ln an uproar of smok- yacht?" said Geoffrey. "Hut how

onf on. .. th d uldh h cit?" mhllcaenlgelélibllhhfl gilziuasaecgeheifuenmth

lng~l The empty tyranny‘

it, and took Roger to a room‘

to Geoffrey's them what‘ had hormone , and that they “We hereafter make reference.

released aboard the ship —————-——

caught at her, another collided with her. and silo and they wen down in "But that's not all!" Roger said. n helm: tho third soldier. odgimz a rubbing his bruised arms and slttilrr h'm bv

_Tl-IE CHARLOTTETOWN GUARDIAN

Judges

Divide On Issue Of Juri

Judgments BFStTght Down Yesterday By Mr. J ustice. Arsenault And Mr. Justice

sdiction

Election Case.

Jlldilmohts 0i Justices Ar-ienalilt Electoral District of Queens County

in the General Provincial Election held on Ma 18. 1939. On the 30th day of ay All, 1939, the Re- spondent, R. Reginald Bell, applied to His Honour C. Gavan Duffy, Judge of the County Court of Queens County, for a Recount of the ballots under the Provisions of Sect-ion 146 of The Election Act, 12:2. The said County Court Judge proceeded with the recount on the 3rd and 5th days of June A. D. i939 and at the conclusion thereof certified the result of such recount to the said Returning 0f- ficer to the effect that 121'! Bai- lots had been cast and allowed for the said R. Reginald Bell and 1219 Ballots had been cast and allowed for the said Bradford W. IePage. The said Returning Officer again declared the said Bradford W. Le- Page elected as Councillor as afore- said and made his Return to the Provincial secretary on the ‘lth day of June AD. 1939 (as appears hv the Royal Gazette.)

Under the provisions of Section 159 oi The Election Act, 1922, the said R. Reginald Bell applied to the Honourable J. A. Matliieson, Chief Jilstice, for an order commanding the Judge to comply with the pro- vLslmis of the Act

A hearing was had before the Chief Justice and on September 29th the Judgment or Ruling from which this appeal is taken was ren- dered, and on the same d the Chief Justice made an order ere-

on.

It is not here necessary to sot out the grounds of appeal,

This appeal cante up for hearing before Mr. Justice Saunders and myself on the third day of Novem- ber. A.D 1989.

At. this hear . Counsel for the Respondent a prelimin- ary objection that this Court had no jurisdiction to entertain this appeal and it was agreed that Briefs on such objection would be This has accordingly been

partiea. Respondent contends that the Judge of the B e Court to which the appilce. ion is made under such Section 159 of The Election Act is “persona designate" and that the said Act makes no provision for any appeal from the Judgment or order of luch Judge and that therefore no a I lies.

In support of such con ntion he cites the Case of "Re North Huron Election“, 58 O.LR....p. 197.

This Case arose out of an ap- plication under the provisions of Section 7i of The Dominion Eleo- tlon Act, 1911.0.

In that Case the Judge had re- fused to count certain ballots with Counterfoil attached and an appli- c..tion was made to Mr. Justice Wright of the Supreme Court of Ontario for an order to the Judge of the County Court, who had eon- ducted the recount, to comply with the provisions of the Act. Mr Justice Wright made the order and on an appeal from his Judgment lo the Ontario Court of Appeal it was held that no appeal iay. In his Judgment, dismissing the Ao- peal, Chief Justice Iiatchford said:-

"We are all of the opinion that the Court has no jurisdiction to. entertain this appeal. The order appealed from was made by Mr. Justice Wright, sitting as persona. designuta under Section ‘i1 of The Dominion Election Act, and that Act gives no appeal from an order [so made. No power is given the Court in such a Case by any other Statute "

The Appellant further cites Mas- ttn, J,A., concurring in the same Case. as follows:-

"I concur in the dismissal of this appeal on the ground that this-is in inct a proceeding under The

{Dominion Election Act, and the , improper lntltuling of the order, in the style of the Cause, asin the Su- preme Court, cannot alter its real nature or confer on this Court a substantive appellate jurisdiction. which couid be created only by the Dominion Parliament. ‘ Nor has this Divisional Court, in my view. ‘power to correct or amend any records or to set aside these jirnceodings in the Court below he- cziusc they are so lntituled. No silch jurisdiction is conferred, on la Divisional Court by the Ontario Jildlcature Act or by any other Ontario Act that has been brought ,to our notice..." l “If any such power exists, it must. I think, be exercised by a single Judge sitting in a weekly Court. and not by an appellate tribunal."

Counsel also quotes from e. rte- vlewer in 4 Canadian Bar Review who, in discussing the Argenteuil Election Case, says that the Judge holding the recount and the Judge of the Supmme Court to whom the matter was subsequently referred were considered as “persona des- ignate" and the reviewer takes it for granted that no appeal lay from the Judge of the Supreme Court by virtue of The Dominion Elect-ion Act.

l Respondent's Counsel also quotes , in support of his contention, Hynes '\'s. Schwartz, 1938. I. D. L. R. 29‘.

Windsor vs. Inhabitants of Fern- lwm. Cw. CH8. 40 (Case No. 2) 79. v‘. B. m9 and other cases to the like effect.

He also quotes a decision of the Court. of Appeal of this Province

were in Hilghes vs. Mclvor, 12 Mar. already there. He wont in, and ihefm. R- Ii- 393-

Scvcrei other grounds of want of jurisdiction are also set out in the Brief and to which I shall

L?

On the question 01 um‘ ' m» Appellant’: Counsel cites Sec- tion a of u» Judicature m, its.

"S. The Supreme Court o Ju- dicatum of Prince Edward and u constituted before this Actr. a Court of . “ca: Law anduhaving also an eq e jurisdic on as hereinafter defmed ' and‘ limited, and poaeessi-lg original and appeiv late Jurisdiction in civil and crirn- inai cases, shall continue under the aforesaid name to constitute one Supreme Court of Judicature for

the Province of Prince Edward Island.

And Order 58 of The Rules of Court. Rules 1 and 3:

"i. All appeals in the Court shall be by way of remaring and shall be brought by notice of mo- tion in a. simunary way and no pe- tition case or other formal pro- eeeding other than such notice of motion shall be necessary. The Appellant may by the notice of mo-