`scvou chains. On this farm on -the
The Guardian 1s Read Daily by 42,000 People. _ _
. Sworn ICirc\1lation.StateIu1ent._F1irnished Advertisers.
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it Q..1.1;Ifu... I unit
~......... D... 1...... 1... cHA1<Lo1"rsTovv`N CANADA SATURDAY JANUARY '15 1916 pa-°° "fre-=-<~1=\~°~¢>---~'-~»~
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I
` EIIIST IIIIIIIISE IN IELIIIIIIS III HIJIIIIIII LIIIIIIIIIE HTISIILITIIIII
I-*MPO-RTANT JUDGMENT
RE P-E. I. RAILWAY
W . _
Judge Stewart Decides- that the -Prince Edward Island Railway has not been included in Govern-
ment Railways
for Purposes of
civil Action in Provincial Courts,
and Non-suits a
Case for Damages.
r
lu Queen's County Court yesterday
Judge Stewart delivered an important' judgment, in which he held that by an oversight or otherwise Prince Edward island Railway had not been included among the Government Rail- ways in the Statute for the purpose of bringing civil actions in any Pro- vlncial Court having the necessary jurisdiction. The case was brought by Mr James McTague, Surrey. against the General Manager of the Government Railways for $140 dam- ages caused by fire to trees on pur- suer‘s farm. The judgment was as followsz-
James McTague, Plaintiff.
vs. General Manager of Government Rail-
ways, Defendant. .
This is an action brought by the
plaintiff against the defendant. claim- ing the sum of $140 damages for that -the defendants servants and workmen while operating and using for railway purposes the engines, trains. road- bed and right-of-way of the Murray Harbour branch railway did so so negiigently and carelessly that they allowed fire from the engines passing over said railway at or near Surrey Station to ignite the grass and refuse on the railway track and in the ditch adjoiiiiiiié-and 'so negligently, care- lessly' and unskilfully managed the said railway that the said fire spread from the said railway track and lands over adjoining lands including thc plaint'll't"s land and burnt the grass. 0l‘0D. trees and moveable property of thc plaintiff to his great loss. damage and injury. The plaintiff also based his claim on a count added at thc triul repeating all the allegations above mentioned excepting the charge that what was done was done negligcntly, carelessly and nuskllfully.
The evidence was taken before me
on December 30th 1915 and on Janu- nry 6th and 7th instant when the case was ordered to stand for judgment until this day.
The Murray Harbour Railway is
part' of the Canadian Government Rail- ways und this action' is brought ugainst.the General Manager of such railways.
The plaintiff is a farmer and lives
at Valley, Lot 58. He owns a. farm of 100 acres which lies to the east- ward of the Murray Harbour Railway track and distant therefrom about
rear thereof thc plaintiff had growing n-grove of var trees mixed with a few nprucc and hardwood bushcs. All this grove containing about 4% acres oi' good wood was destroyed by flre on
ff-`-'-’-'-‘-'-'-'- - -2*;-'-'-‘-'-`-'-`~‘-`-`-“-`~‘-‘-'-`~‘~‘-‘ff-'é'~=‘-‘-‘-
CONDENSED ADS.
_ T00 LATE FOR
CLASSIl`2()A'l‘lOl\`
Monday the '25th day ot' May 1914, and evidence was submitted to prove
that this fire was started, or had its origin from sparks or coals that escaped or were dropped from the smoke stack or fire pan of the loco- motive that was attached to the regular train going from Murray Harbour to Charlottetown on the morning of May 25 1914. and which reached the station at Surrey about
8 o’clock.
I have gone carefully over the evi-
dence, but in the view 1 take of the case it will be unnecessary for me to give any decision on the merits. It was assumed throughout' the trial by the counsel \vho represented both parties that this action can legally be maintained against the General Man- ager of Government Railways. On consideration I find that this assump- tion is erroneous. Until the year 1910 it was necessary to bring all actions of this kind in the Exchequer Court of Canada upon petition of right against His Majesty the King. In that year an Act was' passed intituied "The Government Railways Small Claims Act," which provided that any claim against His Majesty arising out of the operation of the lntercolonial Railway and not exceeding in amount the sum of $200 for damages alleged to be caused by negligence, or made payable by Statute, might be sued for and prosecuted by action, suit or other proceeding in any Provincial Court having jurisdiction to thc said nnlount ovcr like cluims hctwccu subjects. it was further provided that in any such action. suit or other proceeding. His Majesty should not bc cited as de- fendant but thc process should /no issued against the ofllccrs appointed to manage thc lutcrcoioniai Railway who should be cited by the name and description of the “ Government Ral_l_- ways Mmiaging Board," and due pro- vision was made t'or the service of thc process which might be Issued. Auth- ority 'was glven to the said Managing Board to appear and plead and to de- fend any such action, suit or other proceeding. it was also provided that the said Managing Board might pay out of any moneys appropriated for the lntercolonial Railway any moneys or costs adjudged in any action, suit or other proceeding to be paid by the said Government Railways Managing Board. in amendments made to this Act in tho years 1013 ami 1914 the limit of $200 was raised to $500 and thc name "General Manager of Gov- ernment Railways" was substituted in thc Act for the oillcers appointed to manage the Intercolonial Railway and the Government Railways Managing Board.
No provision whatever was made
for the recovery of any claim against His Majesty arising out ot' the opera- tion of the Prince Edward Island Rail-
ONE CENT per word each Inser-
tion for advertising in this column.
way. if this Act was needed in Nova Scotia. New Brunswick and Quebec where_ the Intercolonial Railway is located it was more so here where the
Cash mutt accompany orders. Mini- mum charges, twenty-five cents. P`i'|lTE'TA'usA"o1's`“s"`_`Al.w”A`vs on 'hand at Holmairs, Charlottetown.
_ 3739-11-6Mtt.
Joi-lNfMcouu.LAN" "co, w/mr A
quantity of pressed
proportion of small claims is greater, Was this' omission the result of care- lessness or complete indifference.to the requirements of a small province. in ‘ the interests -of our people- the attention of Parliament- should be at once directed tothe necessity 'of a
prompt amendment to this Act so as to substitute Government Railways for intercolonial Railway.
it will scarcely be contended that
the Act as it stands is wide enough to include the Prince Edward Island
.. Railway. f
'I‘he lntercolonial Railway is a well
term; so is the Prince Edward Railway. They have always
kept and distinct both
and even bad:
FOR*-'
cove Milli?
are
WANT and form work on
leaned
_ I -4 .
-Meeting. I will uk
HUUSEHULII SEIEIIIIE
IIIIIIBLIIIIES TII-Ilii
For two weeks the women of the
short-course have attended thc lectures and demonstrations given by the staff of the Wom»en's Institute Branch of the Dept. of Agriculture which inclu- ded subjects bearing on major inter- ests in every farm home.
The work in the cooking course cm-
bruced the preparation and cooking of meats, fish vegetables which would en- able the housewife to utilize all sup- plies economically. The making of bread, pastries, biscuits. muffins and cakes, and invalid cooking received special attention. One demonstration on the home-made candles was given on the last day. The course is so arranged that emphasis can be laid on the necoessity of variety in the weekly menu on the farms.
Harmony simplicity and ability were
the principle points emphasized in the course on home furnishing. Very often too great distances are travelled in the kitchens during the ordinary daily routine due te lack of proper arrange- ment. By diagrams plans were com- pared illustrating the advantages at- tending well arranged kitchens parti- cularly in their relation to the dining room and pantry.
Very great interest was taken in the
three lectures on millinery. The work comprised the making covering and trimming of 'hat shape. Flower mak- ing was an interesting feature of this course and the aptitude shown to this this work was very gratifying.
The home nursing consisted of omc
first aid methods, care of patients, care of sick room. particularly cleanliness and ventilation. The preparation and serving of nuturlous and palatable dis- hes for the sick was an important sec- tion of this work.
A demonstration in table setting and
serving was given. The proper serv- ingot a meal adds greatly to the pala- tability.
Home management was one of thc
most useful features of the course. The purchasing of supplies, keeping household accounts. cleaning and the testing of textiles were the most im- portant lectures.
Laundry work and hygiene were
dealth with as they deserved. The work of a farm can be materially lightened when correct principles are observed.
Mr. W. Kerr, Il. S. A. gave an in-
teresting talk on the care oi' poultry on the farm emphasizing the essentials which can be made practically on every farm.
J. A. Clark Supl.. oi Exp. Farm dis-
cussed tho improvements of tho homo grounds. Vi/,ithout doubt there is a great loss in tho value ot' rural life owing to lack of attention to the home surroundings. Practical and simple suggestions were offered. _
Professor Ross considered thc mo-
dcrn conveniences which added to farm 'homes when possible would faci- litate the carrying on of the ordinary labors and add greatly to the comforts. These would aid very greatly in the making of rural homes more attractive and be an influence towards keeping
EIIISE ISIITIT IIIMIGE
(Sgeciai to the Guardian.)
AMST RDAM, Jan. 14.--The tclc-
grani reports that the Zurder Zee at Katwoude has burst and Zuid Polder has been iloodcd. The inhabitants of that place were obliged to abandon il, and have fied to Edam, which is partly flooded. the newspaper adds. A latcr message from Edam says the dyke protecting Poldcr Zee Vang is lu danger. Ii' it breaks the result will be the flooding of thc greater part oi' North Holland. -
LIST IIII§HT'S MEETING
III MIIEIEIII IIIIL
Six More .Recruits Enrolled in i05th.
The gentlemen who went out from
Charlottetown last night to attend thc
recruiting meeting at Mayfield return- ed th s morning shortly after three o’clock. Six recruits for the 105th re- warded them for the long cold drive.
IIEPIIIIUHE IIE
THE HIIIIU EIMIII
l-_
They Leave for the U. S. on Monday.
Charlottetown will lose one of its
successful business men. and musical circles two oi’ its most promising mem- bers in the departure of Mr and Mrs J. P. llood and family for Boston on Monday. Mrs Hood has been in deli- cate health for some time, and acting on medical advice finds it necessary to seek a drier climate. Mr and Mrs flood huvc not yct decided exactly where their nc _home will bc, but it will bo in DEQ of Boston's many beautiful and progressive suburbs.
Mr Hood camo to Charlottetown in
1891 as business manager of the Guar- dian, of which the late Mr B. D. Higgs
.» then managing editor. The Guar-
dian wus at that time at small, strugg- ling daily with xt circulation of 525 por day, bui. there was also u. wcokly edition which boastcd a circulation of 2.200. Mr Hood throw himself cn- thusiastlcally into the work ol’ build- ing up and developing thc daily. and his efforts inet with marked success. A shrewd, kccu man ol` business. he quickly mastered thc details oi' tho business and in conjunction with Mr Higgs soon made thc Guardian a force to be reckoned with in Charlottetown. 'I‘hc untimely death oi' Mr liiggs in 1896 resulted in the promotion ot` lilr liooll to the position of managing editor and the apppiutmcni, of Mr J. E. B. McCready as editor. In 1898 Mr Hood bought out the other share- holders, and was thencsforth practi- cally sole,ownor, with the exception
people in their rural parts.
Mr. W. R. Reek, Director of Agri-'
culturaidnstruction spoke briefly re- garding thc necessity for improve- ment in the rural schools and also its reintidn to tho work of thc Dept. of Agricultu rc. I Professor Mcfiready with the aid of
his equipment in the Rural Science Dept. at the Prince of Wales College gave an excellent illustrated lecture iemonstrating activities in other parts of Canada and the United States re- sulting in improved schools and -school surroundings.
Carefully prepared leaflets were
distributed in connection with the lec- -tures ou every subject. These will act as guides to assist in putting the knowledge gained into practice. In ad- dition every student took notes during features. _
The second course will open at 2 p.
m. January 17th and will consist of twenty-five women choeenlu order of application. These courses will con- tinue until spring it the applications on _tile are all to be accepted.
of sufficient nominal shareholders to comply with the Articles of Associa- tion. Theu began the long and suc- cessful carccr ot' the Guardian as u morning daily. tho combination of Mr llood and Mr Mt-.Crcady proving ideal from n ncwspnpcr point of vicw. Thc circulation of thc Guardian gi-cw by leaps aint bounds and with it. its in- ilucnco as nn organ of public opinion. lu 1007 tho, Weekly ‘Guardian was merged in thc daily. and an evening edition started. which immediately bc- came popular throughout thc country. Under Mr Hood and Mr McCready the Guardian attained great influence and popularity, but the strain proved too much for Mr Hood. and his health broke down. Ile went abroad for rc-A cupcration, and benefited greatly from the change, but his health was not fully restored, and when Mr McCready resigned to accept the position of Publicity Agent under the Govern- ment, he shortly afterwards sold out to the present proprietors.
Mr Hood took no active art in
EIIII IIEEIII EIIIIIE SHIPS
l'¢ii§llIt1ti0l1_f0l ovcan going ships is TJCIHH considcrcd by Hon. J. il. liazen. Minister ot' Marine, and it is cxpcctcd that during thc present session legis- lation giving effect to it will bc in- troduced. Such it regulation has boon proposed for several years and in 1892 u law was passed on thc subject. Prov- ing unsatisfaictory to thc Imp;-rihl Government, it was ncvcr givcn ct`t`c<:|. Just, before thc outbreak oi’ thc war arrangements were in progress bc- twecn the United States and Canada to placc the two countries in 11 similar basis as regards load-liuc require- ments. The war upset the proposal. By limiting the load-line and with- holding clearance papers in case ol` violation it is believed many murine disasters may be obviatcd.
IIEIIEPTIIIN IT
nuvuihii Huusi
Government House has been the
centre of social attractions this week. On Wednesday and Thursday after- noons Mrs nnd'Miss McDonald were “ at home" and about 250 ladies and genticincu cullcd during the two days to bid them wclcomc to Charlottetown. it being their first opportunity oi` meeting thc public generally since geing into residence at Government -llousc. A vcry pleasant time was spoilt by thc guests. uftcrnoon tea. coffee and-iccs hcing scrvcd by liirs lviurdoch McKinnon, Mrs S. ll. Jon- klns, Mrs W. S. Stewart. Mrs A. A. Bartlett. Mrs McCready and Mrs ii. O'M. llcddin. who were assisted by thc following young Indies: Miss Bartlett, the Misses Nora and iiclcn Jenkins, Miss Louise Lyons, Miss Rose Long- worth, Miss Beatrice McKinnon, Miss _Gladys Macdonald. Misses Kitty and Flora Norton, Miss Adele Newberry, Misses Jeau and Elaine Aitken, Miss Hazel Stcrns, Miss Alberta McFarlane, Miss Helen Mathieson. Miss Louisc McCready and Miss Ruth Watson.
Mrs Macdonald was assisted in rc-
cciving by Mrs J. A. Mathieson und Mrs F. L. llaszard. The rooms were very prettily decorated, visitors being enthusiastic in their admiration of the arrangements. Yesterday afternoon thc teachers and pupils of thc Domes- tic Science Short Course were invited to spend the afternoon ui Government ilouse. About. 40’young Indies and gentlemen were present. Tea, coffee and ices were served by Mrs J. A. Mathicson, Mrs J. A. Clark and Mrs Tennant, assisted by Miss llazcl Sterns, Miss Alberta Mcldarlanc, Miss Adele Gordon, Miss Flo Norton. Miss Gladys Macdonald, Miss Louise Lyons, Miss Cciin. Kelly and Miss Dorn Mathicson. Misa Lyons presided at the piano while Miss Haslam sung a number of solos, the company joining in the choruses. The visitors were grcntly pleased with their entertain- ment and with thc privilcgo of nicot- lng, most ol' them for thc first time. his honour and Mrs Macdonald.
f-‘~"-A--22':fr-_A--1'ff-=---V--='-_--rv-====¢.4.. _ _-_»_f
gross and development. oi' the Island goncruliy. and in collaboration with Mr Mctlrcady lcnl tho l`uil weight. oi’ thc (iuardiun in support of progres- sive mcasurcs und l'orvvnrd |no\'|-.- mcnts.
The dcpartnrc of thc llood family
also deprives the province of two of its popular young musicians. as Miss .icnnic and Miss Ilolen llood have tukcn a loading part in musical cir- cles. They were both valued mcin- bcrs of tho First Methodist Church choir. as was evidenced on Wednesday evening when they were presented by their fellow-members with lmndsomo farewell gifts..
Mr and Mrs Hood and family will hc
missed by a large circle of frlcnlis. with whom thc Guardian joins in
D
public affairs outside his newspaper., but was keenly interested in the pro-,‘
wishing them hcuith and continued prosperity in their new home.
PRESIDENT J. HYNDMAN’S ADDRESS BEFORE
. BOARD OF TRADE ’
Following is the address of Mr. '
John' 0. Hyndman. retiring Presidenti of the Board pt Trade as delivered at the annual meeting on Wednesday evening: , - ‘~ . 'I Aa fis , customary at
a brief
and
in take
credit much of importance
the subiects the Board.
previous to the
all been.
dealt united
propose to make a little further ou,
TRADE CON DITIONB SATISFAC
TORY -'
the changed conditions
world. 'brought about
have great e
any means
for the
of war,
0.
fact P011- on
s im
sea. l -
as the
ll
withstanding this. our l'rovince is,
answering nobiy the great call tori mon, ncodcd at this critical time. in defence of tho Empire. Many Islanders havc also enlisted at other points. but for which we receive no'crodit. This Province is one of thc most fertile and productive ln Canada, but It can truly he said, that it could be made to pro- duce two or thrco times what it docs today; the serious question is the lack ol sufficient labor. in view of this, we might consider that our island is doing fairly well so far, in recruiting. in comparison with thc large manufac- turing centfcs, but wc must be pre-
pared for any sacrifice, ns it is only he best efforts from evcry part of thc Empire that will sntlicc.
The vnluo ot' our Farm and Fish
groducts for the past your is approxi-
ltoly bs followsz-
Field Crops.... .. ...$11,130,000 Live ,Stock and Live Stock 9 'Products (exported 191.5) 2,400,000
Fur Farming. increase 1915.
atpeltvalue.. ..
Flllt0rie|....
Iuny labour organization, thc Execu-
Advanlage . of National Fund
(Special to the Guardian.)
OTTAWA, Jun. 14.-The Canadian
Patriotic Fund Exccutivc to-day issued thc following provincial analysis of the receipts and expenditure of the Canadian Patriotic Fund for the period ending December 31st 1915, which strikingly illustrates thc advan- tage ot` reiegating to a national fund the responsibility of maintaining the wivcs and children of soldiersz-
*Head Ofiicc only.
ADMINISTRATION OF _
wh it Iimnnuunl THE PATRIOTIC. FUND
Analysis oi Receipts and Expendi-
ture by° Provinces illustrating
Relegaiing to
the Responsibility
oi Maintaining liependants oi Soldiers. _
I ,
'l‘hc Statement by Provinces to December lllst, 1915. fapproximately.) Province Received. Advanced. Nova Scotia $269,782.57 $217,508.92 P.E. Island 35,643.70 9,700.00 New Brunswick 281,510.72 194,691.61 Quebec 1,982,228.46 1,012,558,112 Ontario 2,812.027.84 l,766,2l5.42 *Manitoba 56,811.27 lndep. Assn. Saskatchewan 368,313.43 300,000.00 Alberta 370,540.73 665,048.61 British Columbia 411,304.08 483,004.22 Yukon 20,000.00 . . . . Newfoundland .. . . 2,211.50 llcad Otlice 152,590.69 .. ..
~-------~--~-------------»~------ .----_-_---_ »,_----..,...¢..,.-------------------- -----»--~~-_
with leaders.
(Special to the Guardian.) ,
NEW YORK. Jun. 14.-A Ncwsi
Agency despatch from London, pub-i lished hcrr this afternoon says: "The National Railwayxncns Union. one of the strongest labour organizations in Gr(-at liritain. defied thc Government to enact the Conscription Bill. in thc most drastic resolution yet passed by
tivc Committee of thc railwaymcn tir- clareti they would resist conscription to the uttermost. They have hinted at an imlnediutc strike of all railway workers of Grout Britain if the Bill passed Parliament. "Unless the Gov- ernment is prepared to confiscate the wealth of _thc privileged classes to more successfully' prosecute the war," read thc resolution. "railroad workers will rcsist to thc uttcrmosi thc cen~I
RAILWAY MEN’S UNION
OPPOSE CONSCRIPTION
llrasiic Resolutions Adopted. Pre-
mier Asqnith Confers informally
fiscation of mon whose only wealth is their labouring power." The Execu~ tive Committee declared that railway workers were overwhelmingly oppos- cd to any form of conscription and they would not recede from the posi- tion they took several months ago when they warned the Government that any attempt to pass conscription would be followed by a general strike. The drastic action of the railwaymen. coupled with the anti-conscription re- solutions adopted by representatives or 800,000 minors, yesterday has un- questionably caused the Government deep concern. Premier Asqnith con- ferred lnformally to-day with members of the Cabinet. It is rumoured efforts are being made to amend the Bill be- fore the final vote is taken to elimi- hate the objections of raiiwaymen and minors.
FRENCH TREAT
GREEKS AS FRIENDS.
i’All|S, .lzunulry iii.-~ General Sar-
rnil. ronlmantlcr of thc I"rcnch army in thc oust, has issiicd at new ordcr to his troops from which tile Saloniki cor- rcspondcnt of thc 'Pumps quotes the following as the most important pas- 8Zi.g(5Z--
“I repeat agan: _von must all, both
oillcers and men. observe towards thc oillcers of the Greek urmy of rank superior to your own, tho authorized rules of deference and thc outward marks of respect. You will bo good enough to entertain relations of frlcndiy colnradeship with military men of your own rank."
Minard's Liniment cures Neuralgia.
"li IC \\'l<IA'l'l|IS1t,
'l`PIiil l’Eli.A’1‘URE,
TIDE, MOON, ETC.
(Sp ial to the Guardian.)
'l‘0R0i$"E`O, January 15, Maritime:
l~`ronh North-wcstcrly winds. fair and cold.
THE WISATIIER Yesterday was
clear with cold winds, snow at night.
The highest temperature recoded
yesterday was 20 degrees above zero. At. nino o'<-.lock yesterday morning it registered :iii degrees abovo zero; at nine last night 10 degrees above. The coldest the previous night was 28 deg. above zero. _ -
The tide will be high this momlag
at 7.22. tomorrow at 8.28 and Monday nt 9.22; it will be high tonight' ag' 6.21 tomorrow nt 7.08 and Monday at 7.58.
The sun suis this at 4.42,
ul 4 44 and at 4.46;
and Mon-
lt 1
Wil
moon on
Jan.
The
hours'
ST DUNSTIN
CHOIR ENTERTAINED
Lust night members oi' St. Duustan's
Choir to thc number ol' about thirty were entertained by His Lordship tzhc illshop of (Ihariottotown at his Palace. Light refreshments were served after which some speeches were delivered by n number of the guests and by his Lordship. A number of excellent solos and choruses were rendered by mem- bers of the choir and at an early hour the National Anthem brought to a close onc of the most enjoyable of even- ings.
----~ comme Evnmrs,
ANNOUNCEMEN TS,
MEETINGS. ET()-
ONE CENT per were eacl: inser-
tion for advertising in this column Cash must accompany orders. Mini- mum charges, twenty~tive cents.
"Grand Basket Social and enter-
tainment at Kensington Hall, Thursday Jan. 20th. Beginning at 7.30 p. m. A good time assurred. at 7 p. m. A ladies with baskets free. Como help along a good cause. B579
"There will be a Bucket Booiai in
Stanhope Hall. Jan. 86, 1918. i 3 iid of tho Presbyterian Church. Good ro- grammo may he expected. baits open at 7 p. m. Admielioniltoln cents . 6578-1-1510.1.
°*LECTURE¢-~ RGY. A. A. Gif” mil
give a lecture in Long Creek Ia_ t Church, Jan 151.11 at o’clock., Be- ams 'rim nouns, sms man. __ rs. Home and air. go1_:_|h1_:_e__a_r_t'_|t_‘IllI§ll|e render voc an
_ 55784-1 iii.
I I
1 I
I