>=wns=r~ ‘i-wn .

my 29. 193a.»

c s

.7..1r.¢..;.,;..,b. ‘csllrnn elllllllllll

.- R.C.N. V.R. Found

satzurqa-lbw

..-. .,._a_~

The half-company;-

adisn Nsvil‘ Volun- ,

I‘ w“ mpected hstjhlew Dominion at 11 s. m. King- W" b’ ujommodm wgfierlswll at 3 p. m.; Cornwall at 7.30. gnu non, Chief of thelmv‘ 9'1‘ m“ mm“- ' .

Ottawa" conbl COVEIIEAD - STANHOPE —

Naval Staff of the eDepar-tment of National Defense, uiodore Hose was accompanied by flout-Commander J. C. Edwards. commodore Hose after the inspec- upn exp greet satisfaction on. the efficiency 0f the retinas. W110 have been under the instruction of l/ir. Jack Hearn. v_

'1‘he unit was very smart in every way, Commodore Hose stated, and gave evidence of careful training. The drills were very smartly car-

ried out, and the records of‘ at-

tendance at drills is a very high percenfese. The unit is exceeding- Iy satisfactory and stands*well with them all.

This inspection completes the round from Vancouver through the Prairie Provinces to the east coast. All the reserves are in a high state sf efficiency, and all the units are 100% strong with a large waiting list. Commodore Hose was pleased lo find in each of the units a per- centage of men in the fourth per- iod of enlistment. Charlottetown has several men who were in ‘the arisinel unit Orsanized in 1923.1‘

Commodore Hose arrived in Charlottetown from Halifax yester- day aflterrloon in. a R.C.A.F. plane flown by squadron Leader F. C. Higgins, and will remain here till Monday morning.

BIRTHS KELLY-Kinkore,

Sunday, July,

. l8,1938 toMr. and Mrs. J. E.

Kelly s son, John Russell Conrad.

DUNNING- At the Prince County Hospital, on July 30, 1933, to Mr. and Mrs. G. Foster Dunning, (nee Easel Bernard), a son; Keith Ber- nard.

mlllTli-At the City Hospital July l8. 1008, to Mr. and Mrs. Philip Molnnis, Lorne Valley, a eon. DEATHS

MANUAL-At Georgetown, July 2'1, i933, Mrs. James C. Manual, aged l‘! yeers. Funeral Saturday, July 2a, st I o'clock.

CAMPBIJL-At Kensington July I8. Ida mrtls Campbell aged 42. Funeral from her late home Sun- day July‘ so, at 1.ao p. m. to st. Stephen lbisoopsl Church. Irish- towfl. when service will be held at 3 p. m. Interment St. Stephen's Cemetery.

In Memoriam’

_..._._ h I g memory of hilt. AND UI-I- (IEO. T. TBOWBDALE who

dwarfed this life on July llld JIM IIII, 1937..

‘liehy we are kllllklng of thus ssd

When you, deer lather, sud mother, were culled sway

You were celled up homo Io nuns

Where Isl! end sickness are no

more But you'll never he forgotten by the ones

Who loved you but. ‘ Ihe s en sod without you We ss your loving smile thee brightened our home for e your gut some m‘ does parents, we will set on u? In Ileoven where pui- Il I heme more.

I rte 1112A‘ ‘i.’ less. -

ma, 102s

their sons r

a Irowsdsls, Quincy

‘Fgmiilrewsdsle, Wesimorlsnd, P.

N, D. MacLean‘

UNDEITAEIIB

[The Mlulsior or samba.»- . .""."1:"'.M TlurDlrecfor o! u». Library Institute I invite all persons interested l0 attend u. Convocation m awarding of diplomas of u... I Prince Edward Island Library Institute ‘at Prince oi’ Wales College - Saturday, July 29th, l0 o'clock, n. m.

“lIIIi niIIil ' uillller

_.—-

This column ls geservedglow-Queer‘

County news of loeel interest but ss-

vertlslng of n uewsy ngturtlnly In

Inserted It l_ cents I WWI illlleflg payable in sdvnuoo.

e-o-u-s-e

oouNw/mr. ensues-July ‘so.

United Church services for Sunday, July 30, are: West Covehead 11 an», Sunday School 10 em; Cove- hesd Road 3 p.m., Sunday School 2 p.m.; Stanhope 7.80 p.m.

Mrs. Campbell, her daughter Miss Lois Campbell, Miss Flora McPher- son and Miss Ethel Smith of Tor- onto, who spent the week-end in the city the guests of Mrs. H. A. Stetson, Drnchester Street, are leaving this morning on return, The visitors were several days at Cavendish and delighted with their holiday. ~

BUILDING TO BE ERECTED- Work will. be begun during the first part of September of a new

>' - ..

731° "It. men from the Water _ i. PM will b- turn-ins on unbus Yesterday 1n Slan- '°"‘°" l b "°""'”°'"" der Case of Savidant

BEIITIIAL GIIAIIIIIAII

This iolumu ls leserved m emu-- °°lll\7_lOII of-loesl interest but ed- vsrilslug sf-n newsy suture may be llllertod st l eeuts s word strictly Plrsble ln sdyenoe.

GUTTMPIMA Bnenkerg we“ longer, all styles st lowest prices at

Purdle - Ferguson's. 2000-7-29-11.

llrusllour urrllclrlul tron nu TRIAL

Judgment Rendered

with. hllATlkAfter Monday

-____

vs. Day, by Mr. Jus-

tice Arsenault. 2106-7-28-11 . ' .

DAINTY ILK COATS, dresses, -. etc. Aces 1, 2 and 3 years. Needlecraft Shoppe.

WILL PREACII AT BASILICA- The Very Rev. J. M. Reardon, of Minneapolis,‘ will preach at the 11 o'clock Miss at St. Dunstarrs Basil- ics tomorrow. -

The application of the plaintiff in the appeal case of Leo Savidant vs. R. L. Day was refused by judg- ment of, Mr. Justice Araenault in the Supreme Court yesterday. Mr. Justice Saunders concurred.

Following is Mr. Justice Arsen- auit's Judgment: "

This is an action for slender and was tried at the last term of this Court before the Honourable the Chief Justice and a jury. At the conclusion of the case and before the addresses to the jury on mo- tion of counsel for the defendant the learned trial" judge withdrew the case from the jury and gave judgment for the defendant on the ground that the words were utter- ed on a privileged occasion and

'-'- ' there was no actual malice.

TEE PRESBYTERIAN Phirfill in This is an application for a new cmada- 55ml?" f" 5111111115’, July c trial on the grounds set out in the 30th: Harrington, Sabbath school, upp11cug1on_ '

10 e. m., Preaching service, 11 a. m.; 1 um u; opgugon that m, gum Mt. Stewart, Sabbath School, 2 Justice took the proper course u, P- m» P"“°h1"¢ ""1", 3 P- m; withdrawing this case from n‘. Marshfield, Sabbath School, 6.30 jury uuu in entering juuuumnt go,- p. m., Preaching service, 7.30 p. m. the defendant.“

59h.“ ‘xfilwtmrd’ Mmlster- The occasion on -which the alleg- ‘ed slander was spoken was clearly priveleged and I can find no ev-

_ NIW CORTIICELLI wool, latest "almdes..2-..md 4 ply. wonderful Yardage, 15c each ball. Needlecraft Sherwin. ~' ‘ 2105-1-29-11

THE PRESBYTERIAN CHURCH IN CANADA-Services for July 30th: Bradalbane at 11 a.m., North Tfyon at 7.30. Dr. Kannawan will speak in the interest of Sunday School and young people's work at the church, North ‘rryon, Saturday evening at 7.45. Dr. M. E. Congo, pastor.

-.-,—----____ PERS ON ALS

two-storey brick bulidhg on Queen Street on the site now‘ occupied by

and Hogan's Berber Shop. The building will have a frontage of e0 feet and a depth of 56 feet. There will be two stores on the ground

floor. It is expected that the 1x1114- ing will be partially completed this Fall. Cost of construction will be between $25,000 and 030.000.

DAIRY CATTLE EXHIBITORS take notice that cattle under ‘and over six years of age which do not qualify as per production qualifica- tions, peso 34, Prize List, will, be allowed to exhibit but will be pen- alized by a deduction of twenty percent of the prize money won.

2103-7-39-51

REVISITS PROVINCE-A Jvel- come visitor to the city -this week is the Very Reverend J. M. Reardon, of Minneapolis, a brother of Councillor Reardon, who is remaining for a few days and will preach at the 11‘ o'clock service in St. Dunstan's Bas- ilica tomorrow. It is over three years since -Father Reardon visited his native Province and twelve years since he took up his residence in Minneapolis. Previous to that time he had been at St. Paul, Minn. He

ed States are somewhat improved, in some industries, and there is in general a more hopeful attitude which is a reassuring sign of the times.

Mr. J. J. MacLeod was re-elected president of the Liberal Association of the First District of Queens at the annual meeting of the organisa- tion held at Bradalbane on ‘rhurs- day evening. Othor officers elected were: Vice-president, m. John Mc- Guigan; Secretary, Mr. J. Berner Moore. Addresses were then given by Hon. W. M. Lea, ML.A., Provin- cial Liberal leader: Messrs. W. 1". A. Stewart, and Peter Sinclair, former Liberal representatives of the dis- trict, Mark R. McGuigan, D. E. shew, A. E. Maclsean; MR, and Senator Sinclair. Resolutions leaf- firming confidence in the federal and provincial leaders, Hon. W. L. Mackenzie King and Mr. Ice, were adopted. It was decided to hold a convention at an early date to nomi-

inate federal ndidstee for "the County, also to ssk the Queens County Association to the by-laws so that esch district ma! appoint its own members on the central executive. A letter was read from Hon. Cyrus-lfslemillsn. who had been invited to speak but who is still a. patient in the P. E. L Hospital. Though now on the roed to recovery. _ would not be able to leave ‘DOIPIW until the end of the month. < c-

izliern mono! "ll-I filly.

"y, sell our susrsnieod ifeol.

pluntssndshrubs io frlenlsslul.

neighbours. Cosh sud weeklnfllll or pert tine. Reel sales oo-opes-

stion, m". Milli!!!" P‘ ‘"515’ -

tions. was. Less Brothers rpm-I

the Margaret Bethel Tea Rooms.

I

floor and offices on the second 511014? homily trip to Nova Scotia. the ma] Jud“ m“ 31° P1" W”

. u, numb-u vacation at me latter-s ‘ence in proof of absence of malice",

reports that conditions in the Unit- a

ns-aaac-rsn PRESIDENT "-- .

~ idence of malice that should have rm. LEIGH DINGWELL will be "m?" 1°“ l° u“ IW- I I special‘ soloist at the morning ser-I The plant“! claims m“ m” 9v“ Vi“ u‘ 3L James- Church " idence on the plea of justification , . . was conflicting and that the judg- Mr. and‘ Mrs. 11-. n. Brehaut, Mur- mm “i” “w “windmill “Wm i° ray River, left Friday morning or: a 9' pmnmmcement o" m9 9m °f

u, proven. I do not think so. The plea m. ‘and Mrs. w. c. nmletgin my Opinion W“ simply iv en- mugm-ed 1mm Lynn, Muss" to pend able the defendant to adduce evid-

which otherwise might have been inferred.

The defendant's son, who took "thejbag of flour from the party Iwho had carried it from the store, swears that it was the plaintiff from whom he took it. The defend- ant swears that sometime before the meeting of the City Council at which the words complained of were Spoken his son had told him that it was the plaintiff who had carried away the flour from the store. Up to this time the defend- ant had shown himself sympathet- ic to the plaintiff and appeared willing and anxious to assist him and his change of mind was brought about by learning that he was the party who had taken the flour. In the circumstances I can find no evidence of malice.

No purpose would have been serv-

homs, in Kingston.

-Ma.ny happy returns of the day are "extended to Capt. T. G. Taylor, who is celebrating his birthday at his summer home in Keppoch.

Miss‘ Hilda Gillie, as, Inspector of Schools, Arlington, has completed the Library course and returns to her home today.

"The many friends of Mrs. C. D. Fraser, City, will be pleased to know that she is making a good recovery from her recent serious operation in the P. E. I. Hospital. ‘

Mr. G. Leladheur, Sackville re- turned home this week from Mur- ray Harbor, P. E. 1., where he has been spending s vacation. His three young sons are remaining

m ‘ CHAR GUARDIAN

Come To The

Cavendish Tea Wednesday, Aug. I Cavendish Beach

ICAWNPOBE)

Big as ever. Grand es ever. A good time expected. Come and bring your friends.

Sports of vsrlolll kinds for all ages. High Class Tcs served. Ice Cream, Temperate Drinks uiu Fruit. Bathing, Base Bell Mulch. Fancy Goods. Visitors to the Island cordially welcomed. MBG-I-ZS-Sal-Zi.

tlon of costs and on the strength

ofHarrisonv.Bush(5E8sB,344)|A IR M A

and Brown v. Houston ((1001) i!

KB, 855) the plaintiff could not

have recovered any costs on the is- S E R v I c E »P E T I T I ll N

sue of justification, as the evidence on this issue would be evidence to prove absence of malice as well.

In Caulfleld v. Whitworth (18 L.T., 527) Bovilie C. J. says: “It would therefore be necessary for

the plaintiff to prove malice in fact .

in order to deprive this communi- Postmaster Generfll cation. ofprlvilege, but it déleign not Requested t9 Begjn appear, that the defendan ' ew - '

that his words were false." In the Servlce Immedlately present case the defendant had ev- Summer Ry. Schfli‘ ery reason to believe that the words ule Ends.

he spoke at the Council meeting were true. 1h the same case Willis J. says: "If the words were spoken bona fide they would afford no ground for action. The rule would be illusory if thejudge left to the jury every slight circumstance sug- gested by ingenuity of counsel as a reason for inferring that malice existed and, unless an active motive of spite be shown, it is the duty of a judge to withdraw the case from the jury. It is not sufficient to show that what was said was untrue but ‘ in order to complete the evidence of malice it must be shown that it was untrue t0 the knowledge of the I defendant." Further on Willis J. continues: “So in the present case the judge would have been wrong if without any direct evidence of malice he had left the case for the jury to infer it."

The other circumstance relied on was that of the plea of justification and again I quote from Willis J. in the same case: “The rule is clear that when there are more is- sues than one, the pleadings on one of them cannot be. used as evid- I

The following communication, re- I fgrrlng to a meeting of which men- tion has already appeared in the pres, has been forwarded to Hon. Arthur Sauve, Postmaster General. Ottawa:

Dear Sir:

At a representative meeting of the citizens of Montague, Lower Mon- tague, Georgetown and. Cardigan held at Montague on June 29th, at which Hon. J. A. MacDonald, a member of the Federal Cabinet. W55 present, the question of air mall service between Prince Edward ls- land and the mainland was 111501-15- sed and the undersigned were ap- pointed members of a. committee to submit this matter to roursel! as Postmaster General and the other members of the Government.

For a number of years this 91'0" vince has been enieyifls the Edwin‘ tages oi’ an air mail service between Charlottetown, Silmmeliide 8nd Morrcton, a service which was very greatly appreciated by the DHSIMSS men and by the people generally. This service was discontinued this ygflf on May 29th when the railway summer time table, providing for two trains between the Island B1111 the mainland daily, went into t!-

ence to establish the opponents case on another. It would be aston- ishing if s._plea of justification were sufficient to establish the al- t legetions in the declaration." I“ '

The u“, u; 51mm” m mum.“ We respectfully request that when

son (12 Q.B., 511) was quoted to the: m“ “Wm is dmcifilgniglrggggttg; Court. In that case there was a all-Jun“ service w e

resumed. This was the 65.50 15517 plea of justmcatlm but the den year as the air mall did not start fondant did not support it with[ '

I

o months after the second evidence and refused w withdraw“ tszrvice was discontinued, so This case is effectually dealt with that our people were subject m u by Justice Darling in Mangena vs. very serious inconvenience. as 1; Lloyd Ltd. (98 L.T. 640), which is meant a delay of twentyiuu, hours another case in point. In that case m receiving the muuu mu Upper that were similar pleas as in the

Canada, the United States, and the present cue‘ The jury found that province of New Brunswick, etc. the publication had been made we sincerely than}; yQu 1°;- the bmm flde and without mama and mail service you have given us in that the plea of justification one the push and trust mug. you will take Pm °l m! malice Published W“ our request into serious and favour- not true in substance or in fact

able consideration with a view of and a-Wudfid "19 P1811311’! (1510-8885 having the air mail start immedi- of £100. Darling J., after taking

ed by leaving the issue on the plea of justificatiml to the jury. Even if the jury had folmd this issue in favour of the plaintiff and had they given him damages by reason thereof, the verdict could not have stood in view of the fact that the occasion was privileged and that there was no evidence of malice. It would then have become a ques-

-_._'__-

there for a while longer.

Mr. John C. Pillman, New An- nan, accompanied by Mr. Earl Rear- don, of this" city, left by auto this morning on a business trip to Bos- ton and New" York.

mstw. .1. IllacDuff and son m. Clinton MeoDulff left on return to their home in Providence, Road

___._.

Halifax mfinnary on Saturday MOIUIHBK-Dartmouth Patriot.

Island after spending a very pleas- ant visit with ma. MacDufPs bro- their A: A. MacDonald and Mrs. MacDonald, Upper Hiilsboro.

. ma. Fred Worth, Charlottetown, P. E. 1'., mccognpanjgd ‘by 1m- daughter, lvflss Miriam, and niece, Miss Delys, is visiting her daugh- ter, lvhs. Bernard Allen, and lvilr. Allen st Iirederictt-n Junction.- Saint John Telegraph Journel.

The many friends of Mrs. Monte W. Maclntyre, 52 Tulip Street. will be pleased to loam that she is making favorable progress after undergoing on operation at the

s__._

SPECIALS AT DEVEREAUX . GROCERY

_~ SATURDAY AND MONDAY ONLY ' "EXTRA SPECIAL"

Tomatoes .. . .

the letter stated he '

2 lbs. for 25¢. a

Fine String Brooms . . . . 2 for 45c. | Bulk Raisins _-. .,. . ...,...,. 2 lbs; for 21c. New Potatoes. . . . . .....,..._. . . . ., Per pk., 35c. BeetS.."....---.. _ 4bunchesfor25c. Peas ,. . . ....... Per qt., 25c. Blueberries . . . . . ., 2 lbs. for 25c. String Beans . .,.............,._.., ......,., 2 lbs. for 25c. Red-Rose Tea. . . . . . . .. . . . .. Per lb., 33c.

.. SOAP. DEAL‘

j .10 cakes of Surprise Soap and one Pail, All f0! 79C-

occasions

"While They Last"

IBIIIIINIIIIII

RIIITTIE IIIWI

ately the second train, so called, is time to consider and following discontinued. ICaulfield v. Whitworth, set the Sincerely yours, verdict aside and entered judgment (Sisned) W. L. Poole. W- A- MM" for the defendant on the ground Laggan, L. H. Coffin, Preston Mac- thet the Publication was Privileged Intyre, M.D., Martin MacKinnon. and that there was no malice. Committee.

In the present case the plaintiff

adduced no evidence of malice and there was none to go to the jury. Plaintiff's counsel firrther con- tended that the learned Chief Jus-' tice erred in ordering judgment to brush by your kitchen sink. You be entered for the defendant with- will find it invaluable for scrubbing out directing the jury to find a. ver- potatoes and cleaning vegetables.

SMALL BRUSH TO CLEAN VE- GETABLES

Keep an extra small scrubbing

Judgments Given In Supreme Court

The Supreme Court met at 11 o‘- clock yesterday morning with His Lordship Chief Justice fiathleson, and Associate Justices Arsenault and Saunders on the Bench. A number of reserved judgments were handed down.

In the appeal case of Geo. W. Gardiner vs. the City of Charlotte- town and others, the plaintiff's ap- peal was dismissed with costs, by the judgment of Chief Justice Mathia- son. Mr. Justice Saunders concur- red.

In the case of {so Savidant vs. R. L. Day, in which judgment had been given for the defendant some time ago, the plaintiff's appeal was dismissed with costs by judgment of Mr. Justice Arsenault. Mr. Jus- tice Saunders concurred.

In the case of the Dominion Pa- per Co. Ltd, vs. N. Rattenbury Ltd, the C. N. R. and the C. P. R., judg- ment was given for the defendant by Mr. Justice Arsenault, the first

PAGE THREE

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