:S'side Firm

F-or'Vioiation Of Potato Board Marketing Rules

Jrhe firm of Simmons & Mac rarlane Ltd. of Summersida yes terday was found guilty of violat

mg the P.E.l. Potato Marketing Board regulations by engaging in

the marketing of potatoes with

out a deoleris license between

Dec. 1. 1964. and Jan. 6. 1955

and the maximum penalty of 3500.00 and costs was imposed by Siipiendary Magistrate 3. 8. Hin- ton. Q.C., in county magisn-ate's

court.

The two other charges against the company were dismissed due to lack of evidence. These were (case 2) falling to procure a pro- ducers llcense and (case 8) re- celving potatoes from unlicensed

producers.

In giving judgment on case 1 (the charge on which the firm Magistrate Hin-

was convicted). too said:

It appears that the Marketing Board order alleged to have been violated in board order 0 (1) as amended by order 11 as re-enact- ed by order 17 as contained in a schedule of order 17 made by the 1953. Under

board on Jan. 1). section (1) of this order of Jan. 20. 1953. it relates

Potato

Counsel for the accused has made a number of preliminary objections questioning the legality

of this board order. He contend-

ed that the Marketing Act of

P. E. I. does not empower the Potato Marketing Board to enact

such an order and that if so the

respective board order should have been reenacted instead of a schedule. No briefs have been filed with me and it is not the intention of this court to make a

ruling on these technical points which should be referred to the Supreme Court for a ruling by

way of a stated case.

I will assume therefore that the board order of Jan. 20. 1953. is valid and as a matter of fact as far as my reading has gone. i believe this to be so. The prose- cution appears to have establish- ed the following facts in this case: The accused firm is a large corporation doing business at Sum- merside and vicinity. chiefly as potato shippers. It operates po- tato warehouses at Summerside. Miscouche, Freetown. New Annan. Baldwinls -Siding and Emerald. During the years 1952 and 1953 the company applied and paid for a dealer's license. It did not take out a dealer's license for the year 1954-55. During the pe- riod between Dec. 1. 1954. and Jan. 6. 1955. a number of car- loads of potatoes were inspected by government inspectors at the company's waiehouses and rail- way sidings. These inspections weri done in the name of the company and on its behalf and

the inspection certificates on file court exhibits as signed by

i spectors Huestis, Cannon a n d

l amill speak for themselves and show that several carloads of ntatoes were loaded on railway cars during this period by the accused company for shipment out of the province (one car was consigned to Venezuela via Hal- ifax) and duly inspected and passed. Inspectors Huestis and Cannon both gave evidence as to inspection of railway cars at Summerside and I have no doubt that having shown that the po- latoes were transported into rail- ay cars and duly passed for shipment. that the prosecution as sufficiently established a pri-

Western

-RESERVE Monday. April 11th for big Easter dance in Kensing- ion Legion hall.

-'oa'r YOUR nssran nnar from Burns, Malpeque.

-EASTER CANTATA, Crapaud United Church. Sunday. April 10th 8:30 pm,

.-RESERVE Wednesday, April ill for pre-festival concert. King eorge Hall. Kensington.

-ENGAGEMENT. - Mr. and Mrs. W. Burns MacArthur an- nounce the engagement of their ilaughte Pauline Belle to Eric Parker. son of Mr. and Mrs. Carl

. Crockett. Summerslde. Mar- Tlllile to take place May 4th.

-DINNER MEETING - The '9Eular dinner meeting of the Kensington United Church Men's Associati was held in the As-

embly Hall on March 28. with 1r. Stirling Millar presiding in e absence of the president. The EV. L. M. Murray was the guest Decker and gave a very interest- if address. taking "Books" as 15 topic. A vote of thanks ex- nded to him by Mr. W. 1". Toy. VII 500119-13 Indorseil by all. her program activitiu included I111!-will Ind I lilano solo by -iarkaret Walks. Members of the unior W.A. catered and the banks of the Association was ex. tended to them by Mr. nmcg Mrs. Ivan Darracli ro-

W Burlington. before being - Wndut gs". elsewhere. ' "mmm-' -Mrs. Mervin Kahle and chil- Abgl-fgn dren Jimmie and Patsy. are gitaatsndof JKIlllI'ls plrgntl. gun Gun. nun, who BF . . amen sun en. muunymu Mbenmlnsiagton. Mrs. Kahlesnd fun 3...”, ,,,,l1ruooctiaiutoioiniieriius- -- hthcatewart .Memorial "'34- 3l'- KIM Who '0" W ., Q.” M. q March I for Montreal. taking a . plane mun Montreal to Germany

"no dealer shall engage in the marketing of potatoes without a dealer's license Marketing

Fined 5500 1

ma facle case of transportation and shipment and there being no evidence pi s'uced by the defend. Int 0011195!!! in the contrary, I find that the accused during the period in question was engaged in the transportation of potatoes,

The prosecution also called the warehouse foreman of the accus- ed at Summersids to give avid- ence. He sought to take advant- age of section 6 of our Provincial Evidence Act (now repealed) and refused to testify on the ground that "Any answ I may give may tend to incriminate me or the corporation accused." Since the witness did not show the court that he personally "had reasonable ground to apprehend danger from his being compelled to answer" I was obliged to rule him a compellabie witness in ac- cordance with the principles of law set out in Phipson on evid- ence iith edition. page 110. When the witness still refused to an- swer the questions, he was in- formed that he was in contempt of court whereupon he answered certain of the questions and ad- mitted that the Summerside ware- house is used mostly for the storage of potatoes: that there were potatoes in storage there within the dates of the informa- tion: that the quantity was be- tween l5 and m carloads and that he supervises the loading of potatoes when shipped. I there- fore find on his evidence that the ace ” was engaged in the stor- age and handling of potatoes as well as the transportation of po- tatoes between the dates charged in the information.

Under section 1 mi of the Marketing Act R.S. PE I. 1951 cap. 90 the definition of "Market- ing" includes shipping for sale or storage and in respect of a "na- tural product" includes the trans- portation of such product in any manner by any person. Under section 1 (E) "natural product" includes any product of agricul- ture. I therefore find that the accused firm was engaged in the marketing of potatoes without a dealer's license between Dec. 1. 1954. and Jan. 6. 1955. and I find the accused company guilty as charged.

THE PENALTY

The penalty for failing to com- ply with any order of the Pro- vincial Board or any regulation made under the act may not be less than 325.00 and not more than 3500.00. In a previous case before this court where the ac- cused was found guilty and con- victed of a violation of a board order. the minimum fine of 525.00 was imposed. This penaltv was based on two grounds. 1. The ac- cused agreed to purchase the necessary license after being cott- victed and 2. the accused was most co-operative with the prose- cution and saved their time and the time of the court by admitt- ing obvious facts. which was very commendabl . In this case I feel disposed to make the fine a heavy one. I base this on two considera- tions. namely (a) the size of the firm and lb) the amount of the license fee that it is trying to avoid payment of which I under- stand is 8200.00 and since the evidence discloses no grounds for leniency I will therefore impose the maximum fine of 3500.00 with costs of 847.55.

ADDRESS BY COUNSEL

Before sentence was passed. the cousel for the Potato Marketing

Guardian

-BEDEQUE RINK. April 0, Junior hockey 7230. Springfield vs. Graham'soRoad; 9 o'clock. New Annan vs... Bedeque. Admission 30 cents.

-SAD NEWS RECEIVED-Mrs. Roy Hill, Fieetown. received the sad news by phone of the death of her sister. Mrs. Hollis Watts. (nee Jennie Ball) in New Hamp- shire on March 24. Interment in Centre Harbor. New Hampshire.

Personals

-Mr. and Mrs. A. P. Ceretti and daughter, Elaine. leave Wed- nesday for Worchester. Mass.. to spend the Easter holidays. -6.

-Prize winners at the Burling- ton Farm Forum card party on March 30 were Mrs. George Mac- Leod and Mr. Cecil Campbell. Consolation awards went to Mrs. Borden Campbell and Mr. Clay- ton Stavert. -Bur.

-Mr. Carl Campbell of the H.M.C.S. Standscona. arrived re- cently in Halifax after finishing a course of training in Vancou- ver. B.C. En route be was an overnight guest of his sister. Mill Goldie Campbell and brother. Mr- Francis Campbell and Mrs. Camp- bellist Oshawa. Ont. Mr. Camp- bell hopes to visit his parents. Mr. and Mrs. Cecil Campbell.

o

WOW! order made with reference to the

. The prosecution issued summons

evldencoofthaotberflvefsrrners

Fire Damages Dwelling At North Bedeque

-Last evening a fix. an overheated stove in the kitchen of the home of Miss num- at North Bedeque caused consid- ""bk dlmlke to the interior of the kitchen before it was ex- llniiulshod by Mt..N0rmI.li Mac- Murdo. a near neighbor, um-1;; I short absence from her home the overheated stove burned the curtains on the windows. a couch near the stove and tha' telephone wires running along the wall. Had it not been for the quick and ready action of Mr. MacMurdo it is possible that the whole house would have gone up in flmneg,-S,

caused by

Board, Mr. J. B. Johnston ad- dressed the court stressing the strong influence that had been used on the witnesses in the three cases, pointing out that "one wit- ness went so far as to state that he might lose his job" by answer- ing the questions asked by the court. Mr. Johnston said the de- fendant "deliberately defied reg- ulations in this case" and reten- ed to. what he termed "the at- titude some dealers take "by tell- ing of an interview published in a local paper. He said the dealer told the interviewer "There is no regulation that cannot be got around." The counsel for the Potato Marketing Board asked the court to conside imposing the maximum penalty.

Mr. J. 0. C. Campbell. Q.C. counsel for the defendant told the court that Mr. Johnston hadn't the right to suggest what penalty be i posed. nor to make representat- ions without the invitation of the court. Mr. Campbell said he ob- jected to the "iniquitous legislat- ion of this iniquitous board" which he stated had upset the entire law of contract in the prov- ince. He said that "a crowd of unprinciple thugs could come here from outside the province and buy up potatoes all over the province and then if the price went against them. they could tell the poor farmers they were not licensed" and consequently the contracts would be void. Mr. Campbell con- tinued "that's where the Potato Marketing Board has undermined the whole of the common law of

this province. In my own opinion. farmers shouldn't pay a license fee and

then he's a free nigger." THE JUDGMENTS

Following are the judgments in cases 2 and 3:

Case 2. The accused is charged that between the first day of De- cember. l954. and the sixth day of January. 1955. at or near Sum- merside in Prince County in the said province. unlawfully did violate an order made with refer- ence to the marketing of potatoes an agricultural product by the P. E. I. Potato Marketing Board by having in its possession potatoes grown by it or on its behalf with- out license from the said board.

In this case the prosecution call- ed inspectors Cannon. Profitt. Maclnnis. Leard and Hamill. While all had inspected potatoes for the accused firm, only inspect- or Profit! was able to say that the potatoes be inspected were grown by the accused. Mr. Profitt's evid- ence discloses that he made a field inspection of Red Pontiac Sebagos. which he was informed by Walter Simmons. an employee of the accused firm. were the property of the firm. inspector Profitt thinks he later saw these Pontiac potatoes in the accused warehouse at New Annan between Dec. lst and Jan. 6th.

His evidence is as follows: Q: The ones you inspected tin the field) were (later) rejected for

0: Were those the same ones that were in Simmons and Mar- Farlaneis warehouse between the first of Decembe and the sixth of January.

A: Yes. to my knowledge.

Q: (By defence counsel) When you say to my knowledge Mr. Profitt. do you mean you can't be sure. but as far as you know?

A: Yes. that's right.

There being no C0nClIISl.vz evid- ence before the court as to the accused firm being in possession of potatoes grown by it within the dates charged in the information. I am obliged to dismiss the charge. During the trial of this case the prosecution called two farm labor- ers employed by the accused firm on a farm at Freetown which the evidence disclosed is owned by Simmons and MacFarlsne Ltd.. and on which potatoes are grown. These wit eases sought to take ad- vantage o Section 8 of the P. E. 1. Evidence Act (now repealed) but were ruled compellabie wit- nesses in accordance with the principles of English common law. When they still refused to testify they were warned that they were subject to a charge of contempt under the Criminal Code. The charge as laid in this case against Simmons and MacFarlane Ltd. for violation of the order of the Mar- keting Board is herewith dismiss- ed with costs to be paid by the Marketing Board. These amount to 00.25 in this case.

Case 8: The accused is charged that between the first of Decem- ber. 1954 and the sixth day of January, 1055 at or near Summer- side in Prince County in the said province. unlawfully did violate an m ' ” of potatoes. an agri- cultural product by the P. E. 1. Potato Marketing Board. by re- ceiving potatoes from a producer who then did not hold a valid license from the Potato Board.

against six farmers whose names

"3

W. 0. Weale. vice and the Rev. K. R. liobson intruiiced Dr. Levy. thathewasa memberofadia-intbe tingulshed family well known in the Maritime Provinces and as- sistant professor of English Bible at Acadia University.

but it bore none. Thus it every appearance of being fruit-

oly Week ervices Begin

.-The se'ries of Holy Week ser-

vices being led by ur. George 1.. Levy began in the Christian Church at. Summersiae on Monday evening. The seating of the churcn was taxed to the full by the excel- lent congregation.

The pastor of the church. Rev. conducted the ser-

pointing out

Mr. Levy directed the congre-

gation in a consideration of the cursing and

of the fig tree by Christ i t d out that it was an

acted parable. The tree. he said. should have been bearing fruit by

the time the leaves were upon it. gave

ful-but lacked the reality. It is plain from Cbristis teachings that this was precisely his view of the lsraelitish religion of that time. The preacher went on to ask whether it could not be true that now. 20 centuries later. the same might be said of much of our re- liglon. Too often. he said. we had the appearance of fruit but were in fact barren.

The sequel came the next day when the dead tree was seen. he went on, and Jesus said "have faith in God and thou shalt be able to remove this mountain in- to the midst of izhe sea". Thus Christ assured his disciples that the mountains of hate. pride. pre- judice. selfishness and gross ma- terialism could be made to yield to the power of God if men had faith. The speaker said that this is just as true in our day as it was then and the need is no less great.-S.

See llecord For

Ice Break-un

-Residents of the Cape Egmonl shore district believe that this year establishes something of a record for an early breakup in ice conditions. According to the oldest living inhabitants of the district the earliest known date when bar clams were fished in the locality was April 15th. This year, two young iesldents of Cape Egmont. Leonard and Doreen Arsenanlt were able to bring home a quantity of these clams on March 27th. nearly three weeks earlier than any previous known date.-S.

S'side Curling Club Closing Ceremonies Held

The Summerslde Curling Club held their closing ceremonies at the club rooms on Monday night. The following trophies and prizes were presented: The Capitol Theatre competition was won by a rink skipped by Dr. H. E. Clark. Other members of the rink all of whom were presented with butter dishes by the Capitol Theatre management. Summer- side were: mate. William Hay- ward. second stone. Garnet Peck. lead. W. A. Robertson.

The Commercial League shield. donated by George T. Clarke. jew- eller. was won by a rink entered by Maritime Greenhouses. Ltd.. and skipped by M. L. Walwyn. The personnel of this rink is as follows: Skip. M. L. Walwyn. mate Bruce Macwillisms. second stone. Dee Lefurgey. lead. Lloyd Gorrill. Each member of the team was presented with a pin which was also donated by George T. Clark. jewelle .

The Tip Top Tailor Trophy. em- blematic of the club championship. of the Summerslde Curling Club was won by a rink skipped by Austin Brooks. Roy Johnson was mate. Dave Miller. second stone. and George Olscamp. lead. Each membe of the team was present- ed with a carton of chicken do- nated by Jenkins Brothers. Ltd. After the night's curling was over a lunch was served and an en-

joyable evening of dancing fol- lowed to the music of Ahern's orchestra.

of evidence with the costs to be paid by the Marketing Board. The costs amount to 363.00 in this case.

Mr. Campbell, for the defen- dant, has given notice of a cer- tiorari in connection with the charge as contained in the in- fonnation and conviction. The certiorari will become effective a week from today, when the Supreme Court meets. V.

S'side Rotary

0 Dinner Meeting crside Rotarians held their regular dinner meeting yes-

terday at Howard's Restaurant with vice-president. Rotarlan Ed

L-

LEGION FIINERAL

The funeral of our late Comrade Harold Palmer Strong will be held today (Wednesday). Members are requested to meet at the Legion Home at 1:15 p.m. All veterans requested to attend.

ROLAND Pl-IILIPSON.

LONDON (Reuters) - A warm- hearted love story runs not far beneath the surface of the dazzling political career of Sir Winston Churchill.

Churchill once wrote in an auto- biography: "My marriage was much the most fortunate and joy- ous event which happened to me whole of my life. for what can be more glorious than to be united in one's walk through life with a being incapable of an ig- noble thought.” Now 70 years old. Lady Church- ill has been the perfect helpmate. All through the ups and downs of Churchill's life. his "Clemmie." as he calls her. has been a tower of strength beside him.

CHIEF CONCERN

His faith in her as a critic has been unbounded. On days of tough debates in the House of Commons. he liked to see her in the ladies' gallery. He would look up at her as he rose to speak. She would answer with a discreet wave of the hand.

Lady Churchill's chief concern has been his comfort. It is no sec- ret that in recent years she con- stantly has urged him to conserve himself. She once said she had drawn up a list of rules to be fol- lowed by whoever might have to look after her husband. should she

die first.

Churchill assumed the burden of war leadership in 1940. she took with her to 10 Downing street years of experience as a hostess. a serene charm. a sharp wit and the cool courage which enabled her to remark to a friend when German bombs were falling on London: ''I have made up my mind to ignore all this com-

Churchill Values Most His Happy Wedded Life

pletely. Although Lady ('iiurchiil's story

World Pays Churchill On

By REUTERS

The world Tuesday paid tribute to Sir Winston Churchill on his retirement as prime minister of Britain.

This is how statesmen and oth- ers reacted to the news that he had stepped down after 50 years of public service in war and peace:

Edgar Faure. prime minister of France: "No political career has been so full. so fruitful. so prodigious.

"It is with satisfaction that he can glance back at the task he has accomplished. at the success piled on success and at the de- cilve influence he has exercised at historic moments on world history.