(HK DAILY EXAMINER, 9 + +”

a os eapetiiioaaes one a he Rt Nn a na em

_ TUESDAY, FEBRUARY 10 1891.

I

—

The Vampaiga.

i -

A Winning

———

od News From Neva Scotia.

Ticket.

<r Joun, Feb. 10.

Conservative Convention here

}»e L heral McLeod for the

ninat« i Hou. E

Javt n’'gob ne , :

iny oud Mr. Skinner, M. P., for the county The cmventioa numbered one thousand streag, and was Very ¢ ithusiastic

Hoa (). EB. Foster arrived here last evening He is to speak in King’s, Carleton and St. ‘bo. He ays that the cause all over Nova <eotia never locked brighter than it docs at pe sent 2 : _

Other advices from Nova Scotia are equally { esol lp.

——_

Velayed By Storm.

Kansas, Feb. 10. Several trains oa the Union Pacitic ar: delaged on account of a big snow storm in the Cheyenne section A suow-tighting oul- tit uf ene hundred and seve aty-tive met and rations for two hundred and fitty per- sons have been sent out.

Oe

A General Mectiag Called.

Lonpon, Feb. 10. Lord Salisbury has summoned a genera)

meine «of the Conservative leaders threaghout Great Britain fer early in March. The question of the dissolution «+f

Pariiament may ten be decided.

eed

Snow Stora ia St. John.

— Sr. Joun Feb. 10. | . i

There is a heavy snow storm prevailing | here

Local and Other items. PourticAL Meerine in Market Hall to night.

' |

- Tue Stan'ey lft Pictou for Georgetown yesterday, but was ob'iged to return. -_ Cmcaco Hoxsemax.—A few copies of the Chiistmas number at the Diamond Bookstore. - Lavirs that have not hought their white gout ave requested to attend the great white

es good sle now griog «n at Beer Broe.

PrevoraL.—The latest issue of the Do- minion Oddfelow containa sn excellent pic- ture of Grand Representative Bremuer, of this ci y-

~ ~< Tue Rurie.—-Subsciiptions are received at the Diatnond Bookstore for this, the grest- est of ali Caaadian p:pers. Only one dollar | per year.

cchintiagpenien

1. 0. O F.—Regular session of Port la ‘oie Facampment will be held to-morrow (Wed- neslavy) evening at 8 o'clock. Importaat business,

Tue Youre Caxaodran.-—-This new and ex- ceeding'y interesting paper—!6 pages—is at the Dismoad Bovketore. It should be in every Lome.

seiiindiinnes

Norice.—Rev Mr. Sutherland of Zion

Church wiil give the eddreas at the special

service inthe Upper Methodist Chureh to- Bist wt 7.30 o'el wk Sr. Perens Cucrca —Ash Wednesday |

:

Holy (emmuuion 8 and II «a, m ;/ M. tins and (ommiuation Service, 10.15a. m.; | Evensong aad Sermon, 7 30 p. m. 9

Mancer Hate. — A meeting of Liberal | Conserv ive Krectors will be held i» the | Market Hal. this evening at 8 o'clock. The | esadidates and others will address the meet- | ing,

Services :

a Internestine Mexetincs —Mr. McPhee, an evengelist » udent f Acadia, is expected to assatat h m-eting this evening in the new Bept«t Church at 7 30. A good time is an'ivipst-d aod a cordial iavitarion is extend ed te all, Rev. Mr. Cahil is expec ed to epesk on Wednesday evening. cece Tue New Baptist Cuurca.—The series of meetings which were conducted last week in conoection with the Baptist charch with so wuch interest aad suceess, will be continued every evesing this week A cer: espondent writes: “Our ne« charch is c-mfortaide, and we extend a hearty w-icom* to all Pruspects are bvight tor good resu_ts.”

a

Won'r Do Ir Acats. —A smart little boy in Utiea is—or was, rather—ambitous to be a letter carrier. A few days ago he secretly secured a bundle of old love letters that his mother had treasured since her courtship lays, and distributed them froin house to house throuzhont the neighbo: hwod. The aque! is not related, bat the probability is that ‘his bright youth has no further aspira- tion in the letier-cas+ior fine.

Hockey --The msteh at the Hills- Lorengt Rink tomorrow night pom 28 to be Ages aucvess, A large vumoe «f tckers have ave dy been sol i. The ciub had « two- hours Practice on Saturday night, Kast ageimat West, and judging by the points made two goals each anda craw, the coming match will be « very exciting game. Mr Galbraith and his popular band hay« kindly consented to give some of their choice selec- tions, Admittance only ten cents; tor the benefit of the P E. I. Hospital.

ed “Waniry Batt. The (Charity Ball at ‘he Hote! DD vies last vight wes a decided success We underetand that the proceeds are to be “ivided minong the d:ff*rent city churches for di-tsihution to the deserving poor. ; ‘Wes predicted by some that the piano would no be joud enough for svcd a very large room, but such wasnot the case The Mgnificent Newcombe recently purchnsed from Mr Kule by Mr Davies filled the large and adj i.ing :ooms, the instrument and the

; iberal-Conservative |

rOMMITIEE ROOMS.

{| held last evening.

MARK Sh 2005 tf. |

'geral:t, the other from Mr. E J

player, Mr, Fred. BE. Morris, woo the admira- tion of all.

City Council Meeting.

The first regular monthly meeting of the City Council as at present constituted, was There was a ful! tendance of members, and the auditorium was thronged with spectators.

After prelimmary business, a memorial from Captain Eyan saying chat his wrist had been fractured as the resuit of a fail vccasioued by a defective sidewak, and asking that he be remunerated for loss

of t'me end expenses incucred, was referred |

to the Recorder.

_ A memorial from the City School Board

informed the Council that the Board’s esti-

mate? expenditure for the current year

was $9,355 50.

Committee. In connection with the foregoing me-

morial, the sum of $1,000 was voted the jassumption that the

Board to meet present expenses.

A letter from Stewart & MeNaill, actor. |

neys furthe W. C. T. U., set forth that usiess the amount of the claim of that b dy

for moneys expended by them in eaforcing |

the Scott Act be paid within two days legal proceedings would by taken against the corperation.

The ususl standing committees and fire wardens were then appuinced. *

Jobn Darrach was appointed City Assea- |

sor in the place of Wim. Ladner, deceased, R bert Galbraith and L. B. Miller were appointed auditors at a salary of $75 each Ine tender of Mr. M scleod, for wood for the poor, was accepted. it being the lowest.

Deonia Doyle was app inted police ser- | geant in the place of Joon Harris, resigned. |

Councillor Crabbe woved that the wh I: amount of the claim of the W C the Scott Act be paid. The totai amount claimed ts $599.86

Councillur Mor-is, chairman of the com mittee to whom the clsim had been

two opinwns, one from City Recorder Fitz- Hougson, ~ Recorder’s opinion is as foi

luws :—

The

I am «sked to give an answer to the two

| following questions ; —

1. Isthe city lable for the whole or for

Women's Christian Temperance Union ?

2. Could they collect in a court uf law the whole or any part of the said amouat de- manded ¥

Tne demand made by the W C.T.U is for a re-_payment to them of moneys expended in prosecuting offenders against the Canada femperance Act.

As you are awsre all fines’ recovered under

| the C. T. Act are by virtue of order of His

t.xcellency the Governor General in Council, bearing date the 15th Nov , 1886. paid to the

| Tressucer of this city ** for the purposes of the

said act.

The order, it appears to me, pute the Civic Corporation in the position ef trustees of the fund thus raised, *‘fur the purposes of the A-t,” or ia other words, tor use in its enforce ment.

Now, though I am of opiuion ,that under this order the City Council have the widest possible control ever these fonds, and could undoubtedly, and “ith perfect legality, pay to the W. C. LT. U. all or any portion of their demand, it does not follow that any court of luw. or even of equi'y, would or could inter- fere ax. compel them to pay these funds out to any particular person or in any particular way

The Corp>ration, if they are such trastees 4s l suppose them to be, are such without definite directions, and with full discretionary powers, and to them would apply the usual well-known princip'es of law regul-ting the execution of such diseretioaary trusts.

Th: se are simply that no court will interfere in the exercise of such discretion uniess such ex: rcise is infected with fraud or misbehavicar, or when the trustees refuse to act at all.

The questions put to me are such that they cannot be anawered with a simple yes or no, and at the same time in any degree define the legal position of the corporation.

I: is not a question of liability or collection in # court of law

It is rarher (1) caw the corporation legally pay the claim; (2) if they refuse can they be forced to do se!

The first 1 have already answered. ean.

The second depends on a variety of circuna- stances, information whereof is not given me, and consequently I canunet answer it except g:neraliy, viz, that ] am of opinion that the custodians of the CO. T, Act funds are com-

They

liable by the proper courtsto exercise the | } ;

trust reposed in them, but that when there is an execution of the trust the courta do not iater-

shown. Here is Mr. Hodgson’s opinion :—

A commi*tee of the City Council has ask-

/ed my upinion as to the liability of the City of Charlottetown for a claim made by the

W. men's Christian Temperance Union for money expended by them in prosecutions under the Canada Temperance Act.

| understand that the fines cullected under that Statute, have, pursuant to an order of the Privy Council, been paid to the City Clerk, to be applied by the City Council towards the enforcement of the Act, and that it is out of the fines so paid in that those ladies claim to be paid.

| have examined the items of their ac- court, and find that it 1s mse up of charges

(.) For salary as a private prosecutor.

(©) Professsional charges of a firm of sol- icitors.

( ) Costs incurred in unsuccessful prose- cutions.

I understand that the employment of 4 private prosecutor and the incurring of the charges under the heads b and c were without the knowledge of the Council.

After the passing of the order of the Privy Council above referred to, the City authorities appointed their Marshal Prose- eutor under the Canada Temperance Act.

Lam of opinion thet the order of the Privy Council necesssrily carried with it full authority to the City Counel to exer- cise contrel over the expenliture of the fund in such way and manner as they saw fit in enforcing the provisions of the Act.

I think it was the duty cof these ladies to have applied to the Prose- cutor appuinted by the city, to lay before him the evidence they propesed io adduce in each particular case, and if he refused to act it would then hove been time enovgh for them to appoimt their prosecutor aud institu © proceedings It does uot appear that they adopted any such course, nor do I believe it 16 eugges'ed that if they had made such application, ths Marshal would have refused or negiected to perform his duty.

The Provincia’ Government has appoint- ed an Attorney General whose du'y it 1s to conduct all criminal prosecutions. But if a perscn who considered himself injured, ig-

nored the crown law officers, retainedcounse’, '

ate

Referred to the Finance | | sons responsible to no one but themselves.

= @ for moneys expended by them in enforcing |

inatituted proceedings, and subposaaed wit- nesses on his own responsibility, 1 do not thunk that the Government would pay, or ought to be asked to pay, the expenses so incurred.

It seems to me a dangerous principle to | , recognize that a body of persons, however

respectable, and however conscientious their motives, may pass by the recognized

officials duly appornted to enforce the law, |

appoint officials of their own, and without auy control, incurexpendi'ure which might have been avvided, and then demand a liquidation of their claim out of a trust fund held by the city.

Upon the ssme principle, the enforce- ment of all the QOity bye-laws, or most of them, might be usurped by a body of per-

These considerations are based upon the

Women's Christian Temperance Union un-

| | |

GREAT CLEARING SALE

or——-

BOOTS AND SHOES, “2

(x)

Fifteen Thousand Dollars’ worth to be sold at a Dis- count of 20 to 23 per cent. for Cash only.

Cuy Marshal was | |}ready and willing to perform his duty if the evidence had been laid bj} [x] fore him, which was acted on private prosecutor, and if this is so, the

necessarily incurred expenses which would |

bave been avoided. if Lb understand the City Council should expend the fives, not that they should permit anv voluntary organ- ization to expend it fer them,

From the best consiteration I have been able to give the matter Lam opinion that the City Couneil is not legally lisble for this claim,

Epwarp J. Hopcason, Q. C,

Charlottetown, Feb, 9, 1891.

After some discussion a division was taken on Couneilior Crabb.’s resolut.on with the toll -wing resul: :—

For—Crabbe, Beer, Hughes, Horne.

Agaiust ~ Morris, Byrue, Douse, Eden,

| McCarron, Taylor. Councillor Morris quoted a statement |

;

refer- from the Guardian, to the effect

red tv obtain legaiadvica there on, submitted |

that Mayor had repeatedly saved money to the

the | order of the Privy Council aright, i is that |

the.

city by refusing tosign checks for useless }

expenditures, and asked His th- Giardian’s assertion was correct. His Worship declined to auswer the

| question to-night without looking into the

| matter, ' .

| coming up he woud have been prepared to | give an auswer.

any part of the demand made on them by the | ©

If he had known the subject was

Councillor Morris denounced the Guar-

| dian’s statement as falae and slanderous

;

| sible fur the u terances of | He said he had often suspended signing

iin Moncton.

: tater | and Mr. Carr, we are glad to say, obtained | fere ag to ics mode either by way of restriction | and Mr. Carr, we are g ys

| or direction unless fraud or misbehaviour is

‘Our National Winter Sports,

He thought the Mayor should answer the question to-night.

The Mvyor declined being held respon- the Guardian. checks until he received 8 satisfactory ex- planation, but would not say that he ever refused to sign one.

Coun. Morris said he could net remember that His Worship had ever refused to sign a check.

Coun. Eden said that during his experi- ence as a wember of the Finances Commit- tee, he knew of but one instance of the Mayor's refusing to sign a check, and that was inthe matter of a refund of Water Commisa‘oner’s nomination fees to Coun. Douse.

The Mayor said that in that case he re- fused tu sign the check because it was con- trary to law.

Coun, McCarron said that the nomina- tion fees paid in last year were not account ed for ia the civic report, and asked His Worship if he could throw any. light on the matter.

The Mayor said it was a matter between the City Clerk and the Auditors. If any- thing was wrong, they were responsible He was not responsible for the city ac- counts.

A warm and somewhat protracted dis- cussion then took place on the wanner in which the city accounts were kept, after which the meeting adjeurned.

A A BR rns Personal.

His Honor the Lieutenant Governor and Mrs Carvell entertained a large party of ladies and gentlemen at dinner last even-

ing.

B. L 8S. The monthly meeting of the Benevolent Irish Society will be held on Wed- ne day evening, the Lith inst., as the Lyceum is engaged for the 10th inst. By orde of the President. 2i—feb9

sili

Coir Sotp.—Mr. Edmund Carr, of Oyster Bed Bridge, recently sold a fine colt, sired by Neptune Lee, to a gentleman The colt was six months old

a handsome price for him.

GRAND HOCKEY MATCH

——AT THE——

Hillsborough Rink,

sn I sin

WEDNESDAY EVENING, FEB. Il,

In Aid of the Prince Edward Island Hospital.

Game to Commence at Bight, Sharp.

This will be a most exciting game, and everybody sheuld go to see it. Admission, 10 cents.

Y. Nae Cc. Ae ANNUAL MEETING.

‘€4HE ADJOURNED ANNUAL MEET} i ING of tne Young Men’s ‘‘tristian Ass»- ciation, for the electi n of officers and trans- action of other business, wiil he held in the Association Hall, at 8 o'clock on THURS- DAY EVENING NEXT, 12th February. A full attendance of ali the members is very specially requested. CHARLES PALMER, Pre-ident. R. M. BARRAIT,

Secretary.

sm t w—fel5

feh7

WANTS, LOST, FOUND &

Want ED.~—A smart man to attend horses, hot water furnace, and to do general work Apply to THomas W. Dopp,

about a house, febid—2i

ANT*®D.—A girl for general hqusework in 4 small family. Apply at this office. feb0—3

BRUCE &,

Worship if |

“= MEN'S, WOMEN'S AND CHILDREN’S BOOTS, SHOES AND SLIPPERS,

[; Special Lot of Misses’ Fine Kid Boots. from 75 cents to $1.25~—regular prices fr m

$1.75 to $2.75.. Misses’ and Childreu’s Felt Overshoes, 50 cents a pair. Tremendous Bargains all along the line at the

DOMINION BOOT AND SHOE STORE.

SANUARY, 1891.

iw, (Xx)

BEFORE STOCRTARING,

Great Bargains to Reduce and Clear

ORY COODS AND CLOTHING! JI. B. MACDON A LDS.

——_—~—_ Ay T'—_——_——_- eee

February for Bargains!

PERKINS & STERNS.

Our Bargain Counter will be full of Cheap Goods during this month.

A JOB LOT OF EMBROIDERY. 300 Pieces Shirtings and Ginghams,

200 Pieces White Cottons, Cheap, 700 Pieces Grey Cottons, . 100 Pieces Ticking, n

iwz\ (=)

Pillow Cottons, She

a x

BEST VALUE IN THE CITY AT

PERKINS &

— wee

is t

gs, Table Linen.

ce a)

Print Cottons, Cretonnes, Muslins,

STERNS’.

ey as - >

Charlottetown, February 3, 1891.

——— ———

WISS EMBROIDERIES|

— (x

One Case Opened To-day!

ee = —_—

LEY BROT

BROWN’S BLOCK.

ERG,

STA

WANTED.— Pants and Vest Makers, at D. A. . if—fehi

Charlottetown, February 3, 1891—eod & wky

ee: = a ee pee

ee ee ee eo ee