~ — aE aie . a | a ™ " e ae dan ot a — a. .£m8 Ls - . : » Mian Bona ae on sane ~ eee ener ne ’ 1¥¥ ‘ ree ; iis VOL, 6 CHARLOTTETOWN, PRINCE EDWAI PANT | ‘ , ; . — vr a cater F ry a9 A ; UES, } 7 A IE? i BP 1stees o- _ ee - ane ae : et j - na, a RN aT r TH | Se aaee Sia ssa ieee od Toe DalLy KXAMINER « . ‘QeAcRiT PROPER (’. Bee "AG oe eA A, 2D £8 eae wo. 6 (US ; 7 2 - © ms 4 8 em & ce Ba ry, ; ’ eS 3 i = - om te $ oo ws le t iblis ied evel y Kv ent | iF } > Swe OS O24 Sey Kage ates s a e a9 as ¢ PPR TCY $ 1N@s’ BUILDING, CORNER OF WATER | ‘ iw AMINED AND GREA! GEORGE STREETS, | me, es Charlie tetown, r. K. hi : > j { ; * q GN Mae f ~~? rd ot, garam og j j Ss =~ ch “somemene AT taems or Su Price® ; & } ee a > en ee a eee wart Sere? CF Re? NOTES ROM THY CAPITAL. Bix Months, - . . 52 be id my is Taree Months, - - - __- ‘ciaitanialiaas HOUSE OF COMMONS. Ove Mont, . - > Ba) i k, . - i2 < ee ae j @ae Week e - The Fishery Question. ss Advertises Cheap | eo Acvermains at most moderate rates, !. MACDONALD S SPERCH.
@entracts may > mace for month!y, quar-
erly, ¢T half-yearly advertisements, en appli- > 7 camer.
w.L. COTTOS,
Manexzer, ! eee ately
Prince Edward sland RAILWAY.
TIME TABLE NO. i3.
. W. MITCHELL,
Winter Arri ungement,
TQ COME INTO FORCE
TUES DAY, TRAINS GOING WE: ST.
~~ --
<7 1979 476i
ii Jeceuer all ,
Nos: 1 & 3, Mixed,
No. 5, Mixed,
STATIONS.
Georgetown .... Oardigan.........| ‘
10. 1. i Mt Stew't Junc.. Ar
‘Dp 10. 1S 5 Reyalty Junction “ Lee oo
ar ll. S0a.ue Charlottetown. . ‘Dp 5.00 a mi! Dp 3.00 p m “ goo « aoe
Reyalty Junction Berth Wiltshire..| ** 9.14 * | ‘415 * Ranter River.. * ie. iions.....| * ieee * 1 * Bee County Line.....| ‘* 10.17 * et, Be Keasington..... a cof a
cs .o0 am Ar Summerside .. [Dp 1.20 p m! ee. :, S29" 4 wn ..0....1 * BOO I. A dne ns 4.17 :
d. o5
6.30
Alberton....... aa a |? oo
TRAINS GOING EAST.
Nos. 2 and 4,| Mixed,
7a 6, Mixed.
——
SraTioxs.
ee
Bs ences Alberton... ...
Q'Leary.... Port Hill .... Wellington .....
Smm'rside.....
} } ' | |
6.30 am 2 He 7.25 ae | 8.25 | «6 9.40 **
“10.22 «
County Line.. . Bresdalbane.....\ ‘‘ Hunter River....| “ North Wiltshire | 645 ™ .4.> Reyalty Junctio 1 ” ‘610.38 ** Charlottetown... | = ate 11,00 am Royalty Junction) “* 2. 53 |
Mt. Stw't June . @arligan........
reetown.....j|Ar 6 —_————"= : ee
SOURIS BRANCFi.
‘Kensington.....
yi “<
‘ Srains Going Weat.
tree
No. 7, Mixed.
STaTIONs, a rerttrtteneeereneene iltiansnertiniaiaiaaliainn
Souris ae 1
mePee ee «sh @ 6 8 OT
Bs, bbs ok -—” Peter's, , : . =
Morell... Mt, Stewart Junction. eee.
7 ‘| - | Arrive 10.10 a, m.
Trains Going Easi.
No. 8, Mixed. Depart 4.15 p. m. 4.53
i Sravions,
i? Stewart Junction.
Me Reseee sc evoes
ewn,.........1 *. 6a “ OM ae « 648 “
Barm
i
Arrive 7.16 ‘‘
MACNAB,
‘J ALEX. Sup’t and Engineer.
Railway Offies, Uhtown, Nov. 28, 1879. = coat pres |i ane sp sj kca pio 61
NOTICE.
E Best, Shortest and Cheapest route of Cape Traverse is via Train to County Line s Station, thence vin Huemes’ Teams te Capes—which are in readiness at all times. | J. W. HUGHES,
J. HUGHES. Feb, 25, 1830 +f | i aaaam |
Bones, Bones.
T . underrigned will pay fifty eents Cash” Read iy a fer all pave eae at Shei » in the Royalty. Ne quantity ina one owt. (1 12 Fi ) taken. oxi FRED. W. HYNDMAN,
a 1, 1879 .
Uface hup’t |
Warned by the past, we intend
Half BYORI is ccccudcccsces 9.50
FOR CAS SH!
had
PR | (;
UMPTLY, NEATLY, AND CHEAPLY DOWE.
~ Pethaie who ha ive not yet settled last year’ 8 accounts,
all please « do
SRL OPE
80 befor e com-
mencing the business of the coming season.
Small Profiis-Quick Returns,
IS OUR MOTTO.
te deal closer to the cash
THE DAILY EXAMINER Leoeal News. Foreign Aes, Politicai he ws, Social News,
laid before Subseribers, Purehasers, and Berrewers,
-
ERY EVENING,
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"Ee } @ *e.
sata i itfd
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ow
ry
Quarterly ...-0e- esses eee eB hid0
eS oer
THE DAILY
Largely Increased Circulation |:
AND I3 AN EXCELLENT
ADVERTISING MEDIUM
OT
TE
WEEKLY [XAMINER
Made up from Tue Darry—a Compen- dium of all the News of the Week.
Subscription price only
ONE DGLLAR A IN ADVANCE. Gent te any address in
Great Britain or North America
_— ee a“
Persons having relatives or friends abroad eannot do better than send them
Tas WrsekLr ExaxvINes.
YEAR,
par A Jew Advertisements only, reeeived
J, W. MIZCHELL, | W. L. COTTON,
the main diseussion ef
rm i Treaty :
It seems to me that one of
} 7 nt : _ +} omits to aetel nul e in the
he tis ne when the
j
i
this ay Neste nh is . \
of Washington came into eflect as eeapentt , *J } Wo . ] ’ Prince Edward Island. We are told ove
and over again ee vt it was the Ist of Saly.
7 roi report of the sub-eommit- " il, this fact 1s point- 30n he claims of ‘ton a level with tk
‘ :
e { our ’ the ¢
tie Island are pi
the other Previnces. Isittrue that the ishery clauses of the Treaty { ic not come
We tind ryy ; lreaty
ating te the
seon as the
i were agreeing
The Provinee of Pri Edward
egisiation on
inte effect until the ist « that Article 38 ve the : ‘ovides that the fisheries anid tal . lnzws required nassed by the parties.
Island passed the required t
and tire Coperess
he the 29th Juiv. 187 a 0 } Un eo State assed tnc necessary } 1 .> i. oO--> =e aie levisilation on Ist March, 1873. Let us psider the condition we were 1n before the j aty Caine inte Terce and tae passing oC! 2} * £ ’ Cl? ica ; ee the Acts referred to. When is an Act said i j 4 T laratay 34 ee te beinterce{ «As 1 understand MH, when
e Governor sanction.
an
se and tl his
; r* DY tne rioeLV >... a — + : 1t nas 2iven tt
I A +; may 2 which A pi Oo time may be appoi nted at Whicl ACI 7 ,
tit that ig an
n \ go inf iorce. independ consideration and does net apply to the Acts | have mentioned. At that ti:ne vince Edward Island and the United ;
Sates atood 1} the position of intending had sold rights Section 5 States
ing parties, the ene 1 +} nthe >} | } not her
14 the other hai bought them. ie Act pa the United
contract
sed, bY }
‘ cs Bie Ce 2 eee ; ‘Coneress on Ist March, 1873, is as follows :
take effect until
‘*'That thi shall not
the Ist day of Julv, 1873, and shall not apnly te any article of merchandize therein mentioned, which shall be held in bend on
that day by the Custems officers of the
ited States.” We also find in section I, 0} e sama Ac}, That. whenever the P e ident ot the UC sited States shall receive satisfactory evidence that the Imperial Parliament ef Great Britain, the Parliament of Canada, and the Le gislature of Prince Edward Folens. have pa wsed lawson their pert to give full effect to the provisions o! the Treaty between United States and Great Britain. signed at Washington,on the Sih day of May, 1871, etc., etc., etc., he is bereby authorized to issue his proclamation declaring that he has such evidence there- u>en, frem the date of such preclamation, eric... etc., etc. , psa io the terms and
eonditions ef article 33 of said Treaty. All ish oil, fish of all kind, except fish of In- and Lakes, and fish pre served in oil, being preduce of the fisheries of the Dominion ef Canada or of P. EB. Island shall be ad- wittedintothe United States free of duty.’ find a this could have taken effect
airy time between the Ist Ma ]
> pat
ren and ] st
July; J iat like to call the attention of how. leliina who assert that the Act of Coogress passed on the ist March, 1873, Oo; eame into eliect on the lst July, 187 ;
y e? the Act itself.
to the peculiar wording of s 2ctien : authorizes the President te de- e by preelamation, ‘‘that fish and fish
ol of the Island shall be admitted free o - 1iy aS SOON as ve shall have reeeived satis- factory evidence that the Legislature: cen- templated by article 33 of the Washington Treaty had been passed.” This means that
the most impertant previdion of the Act
ould have come into force long before ist uly, 1873, and shall not apply to any article
o: mere: handi ize he! d In bond by the U ‘nited States’ custom officera on that day. This section does not seem te apply to the whele Act butimerely to mark the time beyend which the custem officers could net collect duties. Then it was possible for the main previsions of the Treaty to go into etic ct in regard to P, EK. Isiand, even under the strictest interpretation of ‘the Act, be- fore ist July, 1873. Sestion 5, w hich I have just read, is neta general but a spe- cik al provision, and it was inserted chiefly vith the object of enabling Custom House eiticers of the United States to deal with the articles in bend at that date. What was the effect of this mutual legislation a tween P. E. Island the United
tates? It swas to vest in the Americans the right te fish in the territorial waters of the Island for the term of twelve years. Tie obligation to pay, secured by the Treaty, was held by the or before the time of Confederation. and was a part of ’ ie separate property ef the State, = same |
;the money in its also had the-same effect as
=
a na
a solemn oak!
‘ment would have between the centracting
parties. It makes no difference whether the amount ef payment was settled er not, er whether it was settled by the Award. The Island held the right to that sum as
+
part of its assets, just as much as if it were
bonds and promissory netes. Suppose I) power to deal with or convey property that cive a legal document to another |is not myown. I may bean agent merely |
party conveying certain properiy to him for
a consideration, that deed vests the right |
or claim to that property in the person to whom I give it, while it would vest in me tlie right to receive the consideration to be |
Ofice Ban’t. Manager
paid. Therefore, the question is whether
Local Treasur It | re
—
NNT AW AND T 99a PQ2RC) WO 130 PRIVAT, AGHIL <0, LOOU, NU, Id ncieo tans caestanaar tao rennvemren Sar eit: tese ae oi :enat a pana nit casinapataasema ‘Naw mreet ecm iam. Wt, emanate anima ~ ithe right surrendered he Island to the}is merely a trustee for the several Prov- {Dominion under OC deration took a jinces. Anyact it does isfor thespecial benefit I ights in t! yeemont bebween herjof the Provinces. It might have the power jand the j 1 she surrender] te sell or lease the fisheries to the Ameri@ans la bonds at the iime of Confederation ?|but it must apply to the proceeds ef the ' No, she did 3 lther did she ilo in the manner directed by the Pro- lr ler any money the : her Tr inces. It has no right and no authority | ury the 1c. Then, conid it be} under the B. N. America Act, to take the “tsnid that the Island yielded up assets of money arising from the Fishery Award from isimila? nature? Tl snoevidence of it, tthe different Previntes to which it especial- Besides, the burden of pi regis on ly belongs, and appropriate it to the general the Dominion, and if they failto establish| purpeses ef the Dominion. . I trust and it, it must be held that no-surrender of the| hope tl nerefore, that the Government will rights referred to was mad it is import-]make some special exception in favor of ant to bear this in mine because if the] the pecial claims of P rince Edward Island, lishery interesia were really changed be-!and do justice to that Province.
; °4% bond or obliga- Lion to receive ragney, then that is an end ¢ ss aa ‘guimelt, for no one has vent urea 4
onfederation into a
to the ai that th and tra 1 to the
Dominien any such | shileatiine: or any personal property ef that character. At any rate inthis state of the argument if any one is bold h to assert it, the burden is thrown upon him to prove the transfer of these particular nioneys and shy the transfer was and all th e cir timstances ef the transaction. Has thi
.
: } 3 q ry ‘eo 9 been done? Has it been
to assert osferre
i 7 vOnaGSs OF
enoug
= “Ta aa
ve
attempted! Na; . . ' and it cannot be done. It follows cen-
asoning that
over te the
‘se of rT
from this cou Ci handed
Date tes CiUSivers
this proper rtv was not
general Government—it was retained by the island for its cwn use. The Bominion did not go into this matter blindly. It knew of the existence of the Washington Treaty. At knew of the leg i islation tha h 1 pe np ed lt kr ee ought tof h: know1 » nature of the obligation we held of the Americans. It did not stipulate with us respecting our share of the Fishery sweated That was left in our?
ty) 3 ; ea sam talk a They may have made a oversig put that 1s
7 a hands untouched. rit, {
8 our rs |
acuta or an
r 7 . sa) . > are not eur taule, This property wa
. ¢ . ¥}
fere Confederation, and is ours still. It sho ule i have beon handed over te us ait rect by the Imperial Gover iment;
to retain the money
een proper ly pr
wnt pet ce @ ct
has no ri; * 5 claim has
. a
con lstesbs was ever given, « or offered, for this important part of the assets of the Is- land. ‘Eh sre is no doubt that up to July,
1873, the island had the right to make a burgain with the United States with respect to her fisheries. But there are important
cor siderations to be borne in thind, one of which is that the paves conferred upon the Dominion hy the Act ef Confederation did not, and could not, be construed to extend to the interest in which the fisheries had been already sold and cenveved. We must}
consider for the moment what was meant by the right to legislate respecting the fisheries. By Section 91 of ‘the British North American Act, the Dominion
exclusive authority throughout to legislate in all matters coming within the clesses of subjects there- in enumerated, and ameng these are the ** Sea-coast and inland fisheries The pewers ef the Deminion cannot extend fur- ther than the meaning ef the words will allow. Nodoubt it Would have the righi to iegislate respecting the pretection or
a management of the fisheries. Possibly,
lso, it has the power to se il or lease the fisheries, but the fisheries themselves are this enactment vested in the Do-
; nor. py
dal
minion. It has noe estate or interest in hem. But ite ri rights were only created by
the Act from which the Dominion dain S al! its power. if the Dominion has the rivht to guard and encourage the fisheries. it is for the benefit of the fisheries and the Province especially interested. If it has povter to lease them it is only as an agent
do other . special be-
3h
for these Provinces. It cannot Wise than to hold them for the the different Provinces whese fish-
eries are so dealt with, When the delega
ion from Prince Edward Islar 1d came here n reyard to the final terms before entering nfederation, and when the terms of Ui ion were still pending, the following memorandum was drawn up i--
AGREED
nehit o7
* SHOULD THE ABOVE BE UPON AS
A BASIS OF UNION, TRE UNDERSIGNED WILL BiG TO SUBMIT A FURTHER MEMORANDUM
WITH RESPECT TO THE FISHERIES.’
This shows it was the intention of the
[sland to keep its share of the fishery award, er if net to receive some fur-} ther equivalent fer transferring it to the Dominien. There is nothing to show. that the Island ever intend- ei to transfer its fisheries gratuitous- ly. Before she entered the Union,
she passed the necessary legislation to give her an interest in the Award. The Trea uty was not dependent on any proclamation of the President of the United States. The main provisions could have gone into effect at any time between the lst March and the 1st of July, 1873. It gave to the United States the ‘slaht to fish in the territori ‘el |
waters of Prince Edward Island for twelve} years. The Island to receive a certain rr inpensation therefor.. The one did not
| sv rrender its rights to a share ef the Award | iby entering Confederation, though it sur-
ndered to the Dominion the power te | legislate respecting the fisheries. But sup- | pose for the sake of argument that even ‘afier July ist, 1873, the ; Dominion had the
| ‘exclusive right to legislate respecting the ‘fisheries. What dees this mean? Dees
| this right to legislate give the ownership te \Canada. Net n ecessarily.
/or trustee for another who is the real ewner | and so it seems to me this is the relation thet, :
| Dominion stands in with respect to the | ° island fisheries. If Canada ever became the owner a direct transfer will have to! bo made.
iH pnITS H i MERCAN ANTILE aoe AND LIFE
SURANGE GO.,
Edinburgh and Londen, ESTABLISHED IN 1809.
Subscribed Capital, $0,.753,252.90 Paid up Capital, - L216,666.00
Life
naTH if tt ;
Trangacts every description of Fire,
and Annuity Business on the most favorable terme. ‘ Fink Depanrment—Insurances may be ef- fected at the Lowest enrrent rates. insurances oan Pablie and Private Build- ing effected 9 ened), y Jevorable terme, LOSSES ¢ settled with promptit tnde aud liber. al ty. Lire BD apiece New and Reduced pre-
fominion of Canada.
&. W e DERLOIS,
? (yeneral Agent for P. E. Island, Office, No. 35 Water Street, Charlottetown. April 14, '80—pat her ne sj kea tf eod
minme for |}
++ +e
“1M IAGLEAN & MARTIN. ATTORNEYS-AT-LAW, hewson’s Building, Opp. Post Office, ihaicheaheaiias P. & ih
A, A. MHicLEAN, >. ©. MARTIN.
June 18, 1879. ~
J. kK. FOSTER,
Mouncion, N. B.,
R&PRERSENTING IN THE MARITIME PROVINCES
Gntaris, Chicago and Western Hiliers and Shippers,
te css
rLUUR, MEAL, GRAIN,
Seeds and Previsiens.
exlaw
em
The following are some of the leading _ unds of Fiour lor sa e wholesale, in car-load-
ota only, Viz : “Bada, ‘** Alabaster,” ‘* White ae se.’ Wi arcup ’s Superior, ‘‘Pastry,” Mills,” ‘‘ Red XXX,” “ Amber,”
v> ‘* Beaver awe ri
i¢ above choice brands of flour, with many others, can be obtained at all the leading nee Houses in the Maritime Provinces, amples of ail kinds of Seed Grains, and other oods will be sent te any address on applica tic u free of charge, Ask for qui tations by telegraph in ‘Cipher,”’ which will be supplied to all cor- respondents on application,
Nov. 25, 1879—ly
rey 3 Ti i 2k Tires —- 7 ue i ACT ABD HIV THAy
1% et fa 00,57 fg dt ;
‘J is TALE Siu i al Li. A 1
FOR YOUNG LADIES. VISITOR :
The Lord BSHOD OL oi Hove Scotia
PRINCIPAL:
The Rey, dehn Padfield,
rv R HIS SCHOOL offers, at very moderate £ cost. the advantages of a comfortable and picasant home together with # thorough and refined education.
The qnarte of Instruction is the same as that of the best Schools in England and is founded upon the University Examinations for Women. Hight young ladies from this School passed the Local Examination of the | University of King’s College in June last. This is the only School in Canada that has passed pupilsat a University Examination.
The number of pupils is limited, rendering the School seiect, and while it possesses all the educational advantages of a large public school,
[ may have}
As the case new stands Canada ee ee FF,
| each pupil is enabled to receive e that individual ' care and oversight which is s¢ important, and | which cannot be given ina large establish- | ment.
Mr. and Mrs. Padfield are assisted by a i stafi of four resident governesses, besides vit. ing masters.
Parisienne French is taught cenversation- ally. There are twe resident French Gov- ernesses. | References given to parents of pupils.
os * further cakes address the Prin
4 19, 1879.
s to get your Printing done is at Saweees pees ax€ beons,
nentncaacccnensneinetinien iat
2
Soe ae