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The “Charlottetown Guardian‘

Prnnltleni lllruh-Cibl. W. Clleller H. Ilfllaurl Ylre-lwruliicu! ti. R llurnctt, F. J. I. Editor ami liluituglnig nlrevlor J. It. Burnett. I. I. I. firl-rvlilr)‘ Llrlll. i‘ol l) .-\. MIIPKlIIIIIIII l). Ammo-lair Biiitttrn l-‘ruttk Wullter and I). K.

Currie lnmlng Dially (Founded H1147) $5.00 per your (In advance) la-livereii n» (‘lty $4.00 per your (in IIIIFIIIIPQ) mailed to

Winn liilwuril lsiiuul 1915.00 per ymr (in nalvoona) Rliflled it». Cilllililia nlltl Pllltril §lfll§ll

TUESDAY, OCTOBER, l9. 1937.

C"Above The Law"

Of timely inn-rest to the people of this Pro- vince. in view oi lht- itiiptisitioii of sticli lcglS- lation as the Campbell iiovcriiiiieiifs Road :'\Ci. 111311. and National Park .\\"l—-lllt‘{l.<ili'('S \\'l1l1'l1 withhold right of Itppclll to the law courts or to any impartial tribunal iii cases of land expro- priation—is a series of zirticles now riuiniiig in “Bench and tiar“,.a legal journal of national standing and rcputc. The _luly is-tic of this Publication carried a leading article entitled ‘Above The Law". einpliztsiziiig the very grave danger to deiinicracy of "the increasing evil by which §I(l\'€’l'llli1('lll>i, by frequently harsh and tinjitst invocations of the principle that the King can do no wrong. drny tn the citizen his com- mon law rig/it to haw rirrrs; to the courts.”

The "Bench and Bar" editorial first reters t0 lertain declarations made by leaders of labour movements in the United (mates to the general affect that labour groups should be their own ‘urlges as to the legality and equity of their acts. lt then proceeds:

“But we do not need to cross the border 01' the ocean to find examples of the same thing. \\'e are not thinking so much of the 121140115 tribunals organized for SpBCllil types of case. ouch as the \\'orkmeii's Compensation Boards and the like, which fall into a different cate- gory. “hen. htiwever, responsible members 0f i; government which has passed legislation of a Ionfisczitoryr nature atid of more than doubtful validity, not only regard any attack upon the legislation as stiiiiethiiig iii the tiature 0f trea- son, but aunoiuice their intention of taking steps to make aiiv cotirt decisions ineffective, they need not fe-el surprised if there ai'e many per- sons who feel that they are not acting in accord- ance with the best traditions either of this Cnlln“ trv or of Britain from which we claim to derive most of our public law and practice. vthatevcr, in the opinion of tlicse gentlemen, may be the ‘equities’ of the situation,

“The most obvious flaw in an attitude of. this kind is that when any man or group of nie1_1, ‘wlizite\1er‘tlieii" importance in fact or in their own opinion, place themselves or are. placed above the law, it means that Sonic other gTOHP» or all other groups, will be outside the la\v, in the sense that they will lose some existing pro- tection. For one person to have more than his share of legal rights tneaiis that another will

be ileprivetl of his 0r he wliolc body will be

“iiiarlc poorer in tlliSfiglftl. Perfect justice may never be found on iis earth; it may be but an idea stored tip in the heavens. as Socrates might sav; but Wllctl we have arrived at a working rule. which is generally accepted and reflects the thought of many iiieti. it should be made to apply as universally as possible and not be re- laxed for any part of the coiiiiiititivvcaltli, even the govcriitiient part."

The function of the courts. the. article eni- phasizcs, “is priiiiaril_v to prov/zit’ iiit‘tiii.r_ by which the rights rim] obligations of any cllltlvtl

_ or group of citizens may be dixcitrxatt and riMr- mined in the Iiy/ht of the principles 0f jitsttce as accepted by {jttlfffrll cmixctit and as expressed m the enacliitctilr of [irofic/‘lv cmtstititlcd g0"~'!’t'"' ing bodies.” \\'e (iuote further: -

"The idea that any man or group of 111611 Ihould be judges in their own case, that that any or all of their acts should not be stibject to review by a properly constituted tribunal, is not at all a new one. Mitch of the Cotistitutional History of England is concerned witlrvariotis phase5 of the same idea. The irony 0f 1t 1S lltat generations of men have been taught as Chil- dren to reverence the men tcho strove f0 1W1?- l/mt. kings, baron: and other potziutates, both clerical and ltiy, front placing f/IGHISPIZTS or keeping f/iemsclciex GlIOT/L’ the latvund to con- kider the principle of equality lie/are the law at fmidameiitnl nuts! rtill have to face the satin? Hangar from other sources, or-wlnch 1s "uuqlrse v-may make the same claim for themselves.‘

Uneven Trade Recovery

The current monthly letter of the Royal Barri!

' Bf Canada gives an interesting analysis 0f 0111'

export trade. It shows that while for the twelve months ending in August. I937, the value of Canadian exports was $1.i38.0o0.o0o. a gautvf more than 2i per cent. over last year. the im- provement was most uneven. Basie metal and metal product exports are. at high. levels and U19 volume in these industries is creating new re- cords; bttt agriculture and building are at low levels and industries, such as railroading, which are dependent upoti these industries, have suf- fered considerably.

A comparison of current exports with those of 1929, says the Bank letter. stiggcsts at least temporary changes iii our economy, \‘\'heat eit- ports in [Q20 had a value m‘ FJZlQIXW-UX); by 1032 the total had lltllcll to $1 ittorxiooo and for the twelve months ending iii _ltll_\' 1937 it has amounted to only $I7§.OOO,IXXT. In i932 the price was low; iii i037 the volume had greatly (lecreztscrl. The droughts which have reduced wheat exports have also affected all \i'cgctable and animal [n-otlticts. so that a.- cotiiparetl with m2.) tho viiliip of itcuts iii these categories i5 titiwn by more than $3z5.ooo.ritio.

Etitployiiiciit figures for August offer further evidence of thi- tiiicveiiitcss of recovery. The number eiiipln_\'cil in inetal mining is three times as large as in ll).3li and lllt‘ itutiilicr employed in niantifactiiriiig silk and silk products is five

times that of i026. To lic iii a healthy position in |'t‘l.'lll4lll lti ftllstvrpiitni of its due share of PUP-

tihitirin an itiihtstrv slitttilrl be employing about 2o per cent, more ivorkt-rs than iti 1021i. For T'It' uhttlt‘ Hf (‘iiniitla the ('lll]>l(>_\'iII(‘lll lll'l(‘.\' was trio on lll/' first of .\ilL'll\l. but an cxziiiiina-

iii-n of tlic figures shows many industries with 3o. 4o or 5o pi-r ct-iit. more workers than in

M1320. It also slioirs the building iiitltistry with]

an index of 76.9. If the normal figure f0!‘ building is 120, than this index number implies only about 65 per cent. of normal employment.

How Ontario Voted

The Toronto Star (Liberal) has been delving into the election returns, finds that .\lr. Hep- burns candidates, including Independent Lib- erals, polled 752,000 votes; Cotiservatives 5S5,- ooo; C.C.F. 76,000; others 55.000; making a total of 1.468.000 votes Commenting on the figures, it says:

“They go to show that our Ontario system of voting does not give a result in members which reflects the mass opinion of the electors. Gov- ernment supporters polled little more than half the total vote, yet they secured 67 seats out of ()0. The Conservatives polled about two-fifths of the total vote, btit instead of the 36 members which this would give them on a relative basis. they have 23. The C.C.F. polled 76,000 votes (and more when the returns are complete), yet get no representation at all, nor do the 5.000 other votes secure a seat for anybody. Itiis not much of a system."

Editorial

I Notes I‘

fonothan Swift died this date, 1745. a- : 1- it

According to the Telegraph-Journal. Premier Campbell was in conference with Premier Dysart at Fredericton last week.

w a it- it:

In yesterday's Guardian seven deaths were announced at the following ages: One at 80. two at 8i, one at 83. one at 85, and one at 00 -—a total of 584 years, or an average of Over 83 years.

e 1k m it-

New Brunswiclt- Conservatives are to hold a convention at Fredericton on 27th inst. for the purpose 0f electing a leader and reorganizing. The Hon. F. C. Squire, the present leader, is the only name mentioned. Rt. Hon. R. B. Ben- nett was invited t0 be present and give an ad- dress but was unable to comply explaining that he had previously promised tn attend the party conventions being held at Brandon, 1\'lan., on Oct. 22, and at New Westtniiister, B.C., on Oct. 3o.

it a it- 1t

When ministers and politicians disagree who shall decide? N0 one is facing starvation in the Saskatchewan drought area, Hon _l. G. Gar- diner, Minister of Agriculture, stated recently in comment on a speech made in lylontrczil by Mr. E. J. Garland. Organizer for the Co-operzitive Commonwealth Federation. Relief measures uti- dertaken by the Federal and Provincial Gov- ernments and voluntary agencies would safe- guard the people of the area against any threat of starvation, the Minister said.

a: it 1k r

The Prince Edward Theatre tnanagetneiii is to be congratulated upon obtaining, at popular prices, a three days’ showing of such a magni- ficent picture as “Romeo and Itiliet." The large attendance last night may be taken as evidence of public appreciation of this kind of entertain- ment. The picture is splendidly produced and acted, and has received the warmest tributes from Shakespearian critics both on this contin- ent and in the Old Country.

=1 x 1i= x

In Ontario, the future of the lion, Earl Rowe is being discussed. He resigned his seat at Duf- fern-Siincoe in order to accept the Provincial leadership. The by-election for his old seat is slated for November 15, and the local organiza- tion lias adopted Dr. G. H. Campbell, Presi- dent of the Ontario Dental Association, as Con-i servative candidate. Mr. Rowe is thus without a seat in the local legislature, and with no pros- pect of resuming his seat at Ottawa,

a m x x.

This Province is not the only centre needing increased provision for T. B. cases. At a meet- ing of the commissioners of the Jordan Mem- orial Saiiatorium, Moncton, it was decided to erect an addition to the bitildliig which will give room to care for between 40 and 5o additional patients Plans approved by the government were discussed fully, and it was decided to begin ivork soon with a view to completionas early as pos- sible. It was felt that the new section was need- ed because of the fact that the Sanatoritim, like other such institutions, was said to be over- crowded.

n a a n:

Recent burglaries have h1diiC€(l"C'Oll1i'l’l€i‘ilS on the alleged laxity of our prison system, The sole purpose of a prison is to protect society, and it is one which the prison unaided never can ful- fill completely. For prisons cannot check all the law-breaking which social misery provokes. They may reform, but equally they may de- grade. Under the most humane direction they can and do mittilate and brand. Those who make and administer the law are, therefore,

-irr"conscience bound to send no one who breaks

it to a prison who may hopefully be reclaimed outside, and society undermines its own defence if it neglects the conditions which breed crim- inals, or, the after-care of those who leave the pri- son gate. But while in this imperfect world prison remains the law's first line of defence, it, has three weighty duties to perform. First comes safe-custody, the only duty which the law it- self enjoiiis upon the prison authorities. Tliev must restrain their charges, not only within the bounds of prison btit of that discipline, quite apart from punishment, w-itlioiit i- fiigh nr) hetero- geneous population, mttcli of i‘. undisciplined and anti-social by instinct and upbringing, can livg at close quarters Wllllmil disorder and catastrophe. Secondly‘, though dread of detection and expos- ure check many potential law-breakers, there are some m whom the sense of shame and even lovc of lilicrty are (lulled or dead. The rigours of imprisonment must strike a mean which, while deterring these, will not brtitalise others in whom those sentiments survive. Thirdly, the prisoncfis mental and physical capacity to earn an honest living must not be lessened but, if possible, in- creased; and he should be given some 5011 of moral equipment to face the temptations of lib- erty and the ordeal of release irliicli to many,

l men is very terrible. How do our prisons tackle

these responsibilities?

lfllL UHAKLUYIYISIIUWH GUARDIAN

More"; or TliE WAY

l‘ ll "I! enwzh lo find mm mini-gale attitude of the British dip- mm .f and to deplore the weak. m1} 31111511 10111511 rwllcv bu. shoulgsmflfiiblllty which rests on m.

ers of Brftalns leaders is tre- mwdmlfi. and it must be concede

tgleiut thlelr canton has been larkelii

spons ble for the staying on‘ 0g a

Bieneral war during the 135i, yew

Press.

years-Jnndon nee

I l science is th ih nt statement that. etlilaufliiartlya 3321,23’, mmbflrdefi by rays started a ,_ e l” W8)’ millions of light year; 8'0. Commenting on mm Arthur f? C°mPl°11 KBYSI "It matters not. ltunat the source of the 45m, h,“ een shut ofI or the light itself put out. The - , , stop‘ Putlagge oiplazmestfarted never °P°IKSKY and its my; stream on plito interstellar space forever. “m? W!“ mom]. but. the light. zt gave is immortal." This world, this life-what a great Enterprise! It is “flequate enough to him, whose be- lief ls grounded in faith. that life E965 0Y1. and the light, that a life Rives forth streams 0n throughout elermlyl-Gwrge Matthew Adams

Now we know till about ihlii

l ’ firmed intervention here and there,

at l5 ma“? friendship and love for

l9 enemy. Iiear Jap We; Lgyd (‘P1181111 Sueiyama. who says: "The final aim of Japanese intervention in Ch na ls to restoie friendship be- tween these two countries. "And the accompaniment. to the lovesong is the crashing chord of the six- 16811-111011 Bulk-Hamilton Spectator.

_li. is enough to glance at the dl-‘il-llflys of the new dealers to see how well founded is the warning o: His Etnmlnence, Cardinal Vlllen_ euve. Most of the magazines dis- played before the public and the most. popular among young péOpfe. ‘flltbeal to morbid curiosity and to . m? 1°W49$l Dassons. Their covers

mid their contents are an affront to ‘ Dublw decefwy- They are a ferment {of degradatlott. both moral and iflntmcial. How great; is the amount,

of money wasted 1n buying these y magazines which are not worth the

paper on which they are printed. {A waste of money. of time, and of decency-such is the result of these immoral periodicals which nearly all come to us from the United States.—LeDroit. tOttawa.)

We spend money for gasoline, ice cream, soft drlnks~and indulge in hundreds of things that. bring us nothing but entertainment for the moment. No permanent benefit comes to us from any of it, but. we never think of kicking about. it. It is only when it comes to pay tatites; the thing that. gives us schools. public buildings, sdewalks, electric lights and permanent benefits, that we rise up on our hind legs and holler our heads ofl. Aren't we humans funny?

The national average for the sev- en years ended with 1935 is a fam- lly income of $36 a week. In its study, "Income and Economic Pro- gress," the Brooklngs Institution argued that; “if the entire national income from productve operations were divided equally among the population 1t; would yield about $625 per captta, or the equivalent of about $2,500 a family.” That makes an average of $48 a Week. The Brookings economists said that if income were so divided, on a basis of absolute equality, ft wouid still not provde a family income high enough "for a satisfactory standard of life." In short, production is o. major key to more abundant living. But. the subject ls complex and the attempts of theorists in the present Administration to aid the working population by reducing working hours reveal on what scant know- ledge of real conditions they base their schemes.—New York Sun.

under, the more acres foreign coun- tries sow with cotton. The 11181191‘ W0 peg the price of cotton, the easier for foreign countries t0 undersell us in the world market. This doesnt mean that we must, abandon the cotton farmer to the mercies of the wcrld market’, leaving him to sink or swim. It does indicate that. ex- oept, as a. temporary expedient. we won't solve the cotton problem merely by arranging t0 BT01" 1°85 cotton and pay more for fix-New York Evening Post.

The time is ripe for the lllll o! any scheme that; will persuade emi- gration. so badly ceded w people this vast land. but it; will need some direct, personal work by those W110 know Canada to remove the pre- judices and correct the wrong notions that may still exist in ref- erence to her. Ontario wants immi- grants, but only the very best avail- able, and these could properly be assisted to get; a start; for them- selves tn this great. land of oppor- t.unity.—-Chatham News.

"la Anglo-Saxon ' where ballots take the place of bul- lets, the methods and; techntqilfl <11 government often have heavy D611- altles. We are iilaqued b! time! ogues; there is bitterness and div- ision; and often there is lolly. But when the tumult is over until-ho ballots are counted, the melt-tr"! rules and the minority submits in sportsmanship. ThrouSh club i)! opinion, of dscusston and debate. W8 reach oonclusions—a.nd I119 @031‘ cluslons leave men free. We 511M113 to the force of right; never to the right. of forceP-Ottawa. JmlrMl-

An Eastern exchange points W“ “In a dictatorship, opposition to the government is called weuon. smnn Credit speakers dwflbe "P- posltion in that. creed as ‘milNPNP entatton.’ Honest difierencee 0! opinion are not tolerated under eltlier reglmeP-Calgary Herald-

Ai loot Japan has dropped he!‘ mask. Aglow with military victory, she openly and brazenly admits her ambition to convert Northern China into a puppet state obedient to Tokyo. The plunder of Man- churla isbelng repented on a more extenirve and more alarming scale‘. This war has been provoked-prim- arlly by Japan's growing economic unrest. rather than by China's mis- deeds. Japtmk foreign trade deficit jumped to the record figure of slat hundred million yen this yen.- Iidmon-wn Bulletin.

The ‘

The more acres the South plough: Y

l

PUBLIC 1101mm

Illa IOlIIal h opal for the dluuuinl by eorrelpondout- oi auction: of Inter-an. Th; Charlottetown Glllldllh ilooo no! nnolnrlly adorn the opinion o! ovrnlpoldentl.

‘lawman Cavnnaun ‘Ann TOUBISTS .

BUB-Mr. W. S. Stewart's letter 1n a $94391" issue of the Patriot, m vlew of its possible effect outside the province, ends for sortie reply.

He contends that we are not en- titled to accommodation for the _ transfer of automobiles across the I Straits under the terms of Confed-

eration. At the‘ time of Confeder-

ation. automobzles were not known,

of mails and passengers. The mean- ing of the word "passengers" is not limited, and persons who "come t across the Straits by automobile are] just as much passengers as if they t ‘I

come by train, or by a. horse and wagon.

The terms of Confederation are not. to be interpreted in the light of existing conditions in 1873. If that were no. we would be entitled to very little.

We would not now go back to the days of the old Northern Light. .01- evon to the days of the Stanley, Mtinto. or other winter boats. The Dominion Government. has recog- nlud-ond rightly so-tliat they have a duty to perform towards this i province, and in pursuance of thatl duty a car ferry service was inaug- l united between Tormentine and Borden. The Dominion Government has recognized that. we are entitled to this service for malls. for rall- way cars, for automobles, for freight. and all other kinds of ser- vice between this province and the mainland.

This service does not only accom- modate Prlnoe Edward Island. In its i nature it is inter-provincial and 1n- tertiatlonal, and services all of Can- t ado, the United States, and other countries.

Under the terms of Confederation we were entitled to telegraph com- mimicatlon with the mainland. Telegraph has since been interpret- ed to include telephone, so that to- day we are served by both telegraph and telephone,‘ and to that end we have been placed on the basis of being a part of the mainland, as no tolls are charged for such service across the Straits.

Ml‘. Stewart further says that we are not entitled to freight service, but the fact. that. winter boats car- ried frelght as weil as mails and. passengers and that. these winter boats were operated by the Domin- ion Government, shows that we were not to be dependent on oom- merclal companies for this service. It is true that. for some years the summer service was carried on byl freight companies, but this service was subsidized by the Dominion Government.

Mr. Stewart. says that our sum- mer hotels are not. receiving as much tourist business as they form- erly did. An examtnaton of the register of one of our principal summer hotels of some ye

ilgfiewf

SON NET