HE Dartty EXAMINER.

“JUNE 5, 1879. |

THE RAILWAY.

Unjust Administration.

Snoutp Mr. Shreiber continue in the course he has begun, the Government (which is responsible for his acts) will very

soon find that his usefulness is gone. In

carrying out the highly commendable

economical policy of the Gevernment, Mr.

Shreiber has acted most unjustly to many

persons. In fact, he does not seem to have

exercised either discrimination or reason in the changes he has wrought. For instance: Mr. M. M. McLeod entered the Railway employ in 1874. On account of the dili- gence and ability he displayed his position and wages were raised three several times till he found himself in the office of freight clerk. He took no part in politics. He is a poor man, having a family dependent upon him for support. Not the slightest suspicion had been cast upon his character. Of his fitness there was no doubt. Yet Mr. McLeod was recently turned out, and Mr. Alfred Beer—who has not been in the Railway nearly so long, whose parents and friends are among the wealthy of the Prov- ince, who has no family dependent upon him, who is intimately connected with and owes his position on the staff to the most active and powerful Grits on the Island—is transferred from the Superintendent’s office and put into Mr. McLeod’s place ! This is only one instance of Mr. Schreiber’s indiscriminate injustice. Is it any wonder that Mr. McLeod’s friends—many of whora have been strong friends of the Govern- ment—are indignant? Or that acts like this—in which fairplay is entirely ignored —are damaging the Government !

A Liberal-Conservative correspondent of the St. John Sun says :—

All who know Mr. Schrieber know him as a most heartless man. They know that those who appeal to him on the grounds of humanity might as well appeal to a stone wall.

I object to Mr. Schrieber having all to say in the management of this great public work.

I think the ,practical business men of the business centres of the Maritime Provinces

might be consulted before Mr. Schrieber turns everything topsy-turvy.

I think the members of Parliament, who are held responsible by their constituents for the management of the railway, might have been advised with before Mr. Schrieber under- took to deprive several constituencies of sta- tion accommodation, as ie has done, and re- duce the income of a large number of their constituents.

But, no! Mr. Schrieber has been permitted to work his own sweet will, uncontrolled and unchecked.

No member of Parliament has been con- sulted in ;regard to changes in his constituen- cies—not even one ; not even Dr. Tupper him- self.

No commercial man has been consulted in regard to the Railway Tariff.

No person outside of Mr. Schrieber (who spent only two or three weeks in a hurri visit to the road in mid-winter) has had any- thing to say in reference to recent changes, or appears to have any voice in undoing acts of

t injustice.

What have we witnessed after a few months of Mr. Schrieber’s rule ?

The traffic receipts have fallen off enor- mously, so that the deficit for this year threathened to be the greatest of all.

The Intercolonial Railway has lost most of the flour traffic between St. John and the Upper Provinces. The Intercolonial will not reduce its flour rate, and our importers can bring flour via the Hoosac Tunne road, and by water from Boston, at five to eight cents per barrel cheaper than the Intercolonial charges.

Freight on flour has been increased at all ints between Campbelton and St. John.

The staff of the road, from end to end, is practically demoralized, the great majority of officials—both at the Stations, on the Trains and on the Track—believing they have been unfairly treated. : os

The accommodation in several rural districts has been ruthlessly cut off, as, for instance, at Passakeag, in King’s Co., N. B., and at West- chester and Greenville, in Cumberland Co., and other parts of the country; and this has been done by Mr. Schreiber without consult- ing a living soul.

itis not surprising, under these circum- stances, that a storm of popular indignation has arisen which is most damaging tothe Gov- ernment, but has been brought about solely by Mr. Schreiber.

In conclusion, I beg to state that, not in my judgment only, but in that of persons who are well acquainted with Mr. Schrieber, he is a most unsuitable person to have control of the Intercolonial Railway.

fle is represented as ‘a person given to cheese-paring and infinitessimal economies, and wholly destitute of that breadth of view which is needed in the manager of so great a public work, involving such varied and exten- sive interests.

He is believed to be destitute of those humane sympathies which should be possesseu by one called upon to manage a thousand sub- ordinates, and who should at least seek to win the respect of those under him. es 4

I submit that for such a person to have his fullswing on the Intercolonial Railway, 750 miles in length—soon to become 900 miles; that he should be the sole custodian of the rights and privileges and comfort of a thousand officials and hundreds of workmen; that the entire traffic of a road traversing eighteen counties of these Provinces and affecting neariy every industry throughout this vast extent of territory, should be helplessly at his mercy, is something for which the supporters of the

esent Government did not in, and a thing to which they will not submit. We did

‘ not labor to overturn one autocrat in order to

set up another,

oe ss

| CITY TAXES.

| Lhe Stipendiary Magistrate's Judgment.

In tHE Crry Court OF THE Crry of CHARLOTTETOWN. }

Wittuam SwHergerp, City Collector, Plaintiff, : VS. Epwarp Smirxa, Defendant. JUDGEMENT. This is a suit brought by the City Col-

lector against the defendant, for $65.52, be-

ing the amount of City Taxes due by him for the year 1878, as follows : —

On Shop, oS $58 52

On Dwelling House, . 7 20 There was no appeal from the Assessors’

valuation, and the only questions raised by defendant’s counsel were the validity of the Bye-laws levying the Assessment for that year, and the appointment and acts of the City Assessors.

The objections lows :—

1. The Statute 39 Vic., Cap. 20 (being the Statute by virtue of which this Assess- ment was made) does not give the City Council power to make an assessment solely upon real estate. Each yearly Assessment must be upon both real and persenal pro- perty.

2. Three of the Councillors being, at the time of the passing of these Bye-laws, con- tractors with the City, were disqualified; and ifso,there Bye-laws were passed by seven instead of by eight Councilors, as is requir- ed by law.

3. The Assessors were irregularly ap- pointed, being twice elected, and made their Assessment under their first, and, ad- mittedly, irregular appointment.

4. The special meetings of the Council at which these Bye-laws were passed were not regularly called, the notice thereof not having been properly servedupon each of the Councillors.

The words of the Statute, 39 Victoria, Cap. 20, are: ‘Such assessments and levies may be levied upon both real and personal property, or, separately, upon real and also personal preperty.” These words, having in view former legislation relating to the taxing pewer of the city and the evident purport and intention of this Act, cannot, I think, be construed as cen- tended for by the defendant’s counsel. The Act incorporating the city (18 Victoria, Cap. 34) gave the Council power to assess *‘ real or personal preperty, or both, within the said city,” within a certain limited amount. The Act, 24 Vic., Cap. 15, ex- tended this limit. ‘The Acts, 29 Vic., Cap. 30 ; 31 Vic., Cap. 21, and 35 and 36 Vic., Cap. 24, altered this power, giving the Council authority to assess ‘‘the sum of one shilling and six pence in the pound upon the rental of real, leasehold or free- hold estates.” Then, if we read the pre- amble of this Act (39 Vic., Cay. 20): ‘‘ Whereas it is found undesirable, owing to the increased size of the City of Char- lottetown, any longer to limit by statute the amount or rate of the assessments which may be levied and collected for city purposes, &c.,” as a key to its interpreta- tion, does it not appear to have been the intention of the Legislature to give the city its old power of taxing real or personal property (but now unlimit- edely), the tax to be levied on either real or personal property, or on both, giv-

taken were as fol-

ed |ing the Council the power to determine how

it shall bo levied and upen what species of property. There is nothing in the Act which shows an intention of compelling an assessment to be made on both real and personal preperty simultaneously. On the contrary, the following words in section 10 evidently shew a different intention : ‘“‘And the Assessors shall make a special assess- ment on such person or persons and their property, real or personal, or both, as the case may be.” ‘Fhis tenth section refers to the assessing of persons whe were omitted in the original assessment. It shews, how- ever, that this previous assessment may have been mad9 upon both or either of such descriptions of property. It was contended that this being a statute as well imposing a tax as conferring a power, it must be cen- strued strictly and only by virtue of clear and unambigious language can such a de- legated authority or discretion be exercised. Admitting this argument, this strictness of construction is not necessary here ; for it is a well established rule that the principle of strict construction is not applicable where the powers are conferred on public bodies for entirely public purpeses. But it does not appear that giving the Council the optional right to exempt any description ef property, in anyway increases their powers. The Act gives them power over both real and personal estate, and to exclude one of these species property cannot be held to be an_ exercise of increased autherity. The word ‘‘separately” must be read as meaning a power to assess one description of property to the exclusion of the other, otherwise it has no meaning, because the Assessors in levy- ing must necessarily, from the nature of the different properties, make separate assess- ments. ‘The object of this Act is evident. A reasonable construction must be given to it. The probabilities are that leaving this discretion in the hands of the Council, a rate will be levied more beneficial to the citizens generally. I cacnot but think that to give any other save it mere comprehen- sive interpretation to this section would be contrary to the will of the Legislature.

The second objection is taken under the 8th Section of this Act, 18 Vic., Cap. 34. It enacts, ‘‘ Nor shall any person be quali- fied to be elected a Councillor who shall have, directly or indirectly, by himself or

contract er employment with or on behalf of the Council.” It appeared in evidence that three of the Councillors were, at the time of the passing of these bye-laws, con- tractors with the city. Itdid not appear, however, that they were such contractors

at the time

his partner, any share or interest in any_

we ae a |

of thelr eldction. Thid clause ‘containa no prohibition as is usual in such enactments forbidding the a from sitting and voting while he remains tn- der such disqualification, Sothat in case the cause of the disqualification arises after his election, the Statute expressly provides no 'means of ousting him. Indeed, the 22nd ‘Section of this same Act, wherein it 18 par- ticularly enacted that any person holding

SPRING

J. B. MacDonald’s

STOCK !

NOW COMPLETE.

the office ef Councillor becoming insol-

vent. bankrupt, compounding with his credit: }

ors, being absent longer than three months, | ‘shall immediately become disqualiticc and shall cease to hold the office of Cour cillor,” looks as if it were intended thi only for such causes could a Councillor, no being disqualified at his election, be re-| moved, I think it is open to much doubi} if there is power, by quo warranto or other wise, to expel a Councillor whe contracts with the city after his election. Test the interpretation of this Section in another particular: This Act says @ Coun- cillor must have a certain property qualification to be eligible for election. Suppose, fer instance, the day after his election he converts this property into cash, would he be disqualified to act? 1 am inclined to think not. The Act says he will be disqualified if he is a bankrupt, in- solvent, &c., bnt it is silent as to the neces- sity of his retaining his property qualifica- tion. This point was not raised before me, nor dol think it necessary to decide -it here. The objection here urged, in short, is : Admitting that these three Councillors were disqualified, can they, being Council- lors de facto, and not de jure, sit, act, and pass legal bye laws? I think there is no doubt ef the law applicable to such a case. In Scadding vs. Lorant, which was tried in the Exchequer chamber (May, 1849), and carried by appeal to the House of Lords, an objection was taken to a rate levied by vestrymen who had not been duly elected. Baron Alderson, in delivering judgment, said : ‘‘ Several objections were made to the validity of the rate, none of which we think are well founded. One was, that the forty-six vestrymen appeinted in May, 1839, were not duly elected, as was the fact, and that no notice of the meeting was given to some of the vestrymen, who, if that election was to be held void, still continued to act like legal vestrymen. The answer to that objection is, that the 46 vestrymen so elected were, de facto, vesiry- men, a rate made by them, or all of them, having had due notice, is as valid as a rate made by the church-wardens and overseers de facto.” Upon the hearing of the appeal, the Lord Chancellor put the following question (among others) to the Judges :— “If anauthorityisgiven by statute to the ma- jority of a vestry, there being more thanseven vestrymen present to make a rate, would such rate be objectionable in respect of its validity, if the seven persons, or any of them, were seven vestrymen de facto, but not de jure.” The unanimous opinion of the seven Judges was: ‘‘ We think that the vestrymen, de facto, were as competent to join in making a rate as the vestrymen de jure.” In commenting upon this opinion, the Lord Chancellor thus expressed him- self : ‘The opinion of the Judges, as to the vestrymen de facto and de jure, was of great impertance, when it was considered that there were many persons whe were charged with very important duties, and whose title to perform these ditties, or to exercise the power necessary for their per- formance, the public could not easily ascer- tain at the time; and when it was tTemem- bered what inconveniences would raise if the validity of their acts depended on the propriety of the election of the persons who had to perform them, the value of the clear enunciation of the principle thus made by the Judges, was very great; and, in the correctness of it, he begged to declare his entire concurrence.”

In Dillon, on Municipal Corporations, page 330, vol. 1, we find: “In this country the doctrine is everywhere declared that the acts of de facto officers ‘‘as distinguished from the Acts of mere usurpers are valid, and the principle ex- tends net only to municipal officers gener- ally, but also to those composing the Coun- cil or Legislature or governing body of a municipal corporation.” In De Grave and another vs. The Mayor and Corporation of Monmouth, an objection was raised that the Mayor, by whom a certain order was made, was afterwards displaced from his office by a judgment of ouster in the Court of King’s Bench. Lerd Tenterden expressly decided that his being Mayor de facto was sufficient to authorize him te make the order.

These decisions are directly in point, and must be held to determine the law. The third objection raised by the defend- ant’s counsel I think is groundles. The dual appointment of the assessors, bein the same persons, cannot possibly affect the assessment. That they were properly ap- pointed once, at least, it may be necessary to show; but in this case where a proper ap- pointment was made before they returned the assessment; books required by law, any previous irregular appointment can surely not be held te disqualify them. As to the latter part of the same objection, the evi- dence was against the defendant. It ap- peared that the Assessors had in part fin- ished valuing when they were notified of their fresh appointment, and desired to pro- ceed de novo with their work. This they did ; in fact, making and sending in entirely new assessment books. I do not deem it necessary to enter fully into the last objec- tion. I am clearly of opinion that the meetings were regularly called, and that all the necessary notices were proporly served. These notices were carefully drawn, and the Minutes of the Council appear to con- tain all that is necessary, and are evidently framed with a view of meeting every re- quirement of the Provincial statute.

I therefore order judgment to be entered for the plaintiff for $65.52.

_— -+~—--—o—S

Tue Local Elections of Ontario come off to- dwy. Mr. Mowatt 1s, perhaps, the most res- pectable Grit in the Dominion. Yet the ex- travagances of his Government will lik cause its defeat. We do not anticipate a very

Sl ond.—The “ARDGOWAN”

Buvers in Town and from the ~— Quality and Low Prices by

will find this Stock unexcelled in Variety, Styles,

any House in this Vity. We will

quote a few articles to show the correctness of our remarks.

ovr CAN BUY 20 YARDS GOOD GREY COTTONS FOR $1.00 yOU CAN BUY 10 YARDS PRINT COTTONS FOR 70c. YOU CAN BUY 10 YARDS DRESS GOODS FOR $1.20

-. ARE CERTAINLY Flowers, Feathers, Ribbon

‘YOU CAN BUY. LADIES UMBRELLAS FOR 22c. EACH.

OUR LADIES’ TRIMMED HATS

THE CHEAPEST.

Gloves, Hoisery, Fringes, Uaces, Collars,

Ties, Frillings, at Bottom Prices,

In Gentlemen’s Out-fitting Department, we have a full Sock

RHADY-MADE CLOTHING

Mens’ and Boys

150 PIECES TWEED 50 PIECES WORSTEDS,

in Great Variety, Very Cheap. | Made to Order. Good Fits Guaranteed,

INSPECTION SOLICITED.

J.

Queen Street, Charlottetown, May 15, 1879

SATE OF

| Very Valuable Stock,’

—AND—

HANDSOME BUILDING LOTS.

HE undersigned is instructed by the Hon, J. C. Pops, to sell, by Public Auction, on!

WEDNESDAY, the 20th

DAY OF JUNE NEXT, AT Il o’cLock, —AT HIS—-

Brewery Premises, St. Peter's Road,

(near the City) ail his Valuable Herd of Cattle, 24 head of pure-bred Short-horn Cows and

—CONSISTING OF—- Heifers,

'f SON, will 'the FISH MARKET, Grafton street.

B. MACDONALD. To LET.

YOR THE SEASON, a one-acre Lot of excellent PASTURE on the Brighton

_ Road, having a good fence all round. Apply to

. D. MASON, Ch'town, June 5, 1879--3m eod

ICE!

AKTIES wanting ICE FOR THE SEA- lease leave their orders at

I. C. HALI. Ch’town, June 4, 1878—6i

TURNIP SEED

48 head of Grade Cows and Heifers, 1 pure-bred Durham Bull (5 years old,) 1 do do (2 years old,)

bred from the celebrated stock of the

Hon. Senator Cochrane.

l do do (1 year old.)

—ALSO—

1 re Thorough-bred Stallion (7 years , old, )

1 Superior Cart Horse, weighs 1.550 lbs, (8 years old,) . ;

1 Superior Cart Horse, weighs about 1,500 lbs., (5 years old,)

1 White Driving Mare, frem old Messenger, (7 years old,)

1 Valuable Driving Mare, do ; (5 years old,) 1 Good Travelling Horse, do (8 yearsiold, ) 50 pure bred Liecester Ewes and about 40

Lambs.

The pedigree of all the pure-bred Stock will be furnished on the day of Sale.

As the exportation of cattle and sheep is in- creasing every year, farmers and _ stock- raisers should avail themselves of this first- class opportunity to purchase pure and im- roved bred cattle, the above herd being justly celebrated for their superior qualities. Terms—Under $50, cash; over $50, 4 months’ credit on approved joint notes.

ALSO, on the following day,

THURSDAY, 26th inst, at 11 o'clock, on ‘the premises, the most ex- tensive sale of

Valuable Building Lots

ever held on the Island, consisting of

TWO HUNDRED of the finest and most handsomely situated Building Lots in the vicinity of Charlottetown, unsu for beauty of situation, nearness to the city, and general adaptability for build- ing purposes. lst.—The Estate of AKDGOWAN, on the Mount Edward Road, will be sold in 75 Building Lots of one-half acre each and upwards, thus comprising many of the very finest building lots ever offered at

auction. RESIDENCE, (ene of the most beautifully situated gentleman’s residences in the Royalty), with barns, stables and other outbuild- ings, will be sold, together with about four acres of land. (See plan.) 3rd.—One Hundred and Twenty-five Building Lots, extending from the Upper St. Peter’s Road through to the bank of the Hillsborough River, at Strawberry Point, Forty-five Lots fronting on the Upper and Lower St. Peter’s Roads, and the remainder on roads or streets 30 and 40 feet wide, which intersect the property, as per plan, to be seen at my office. € Lots on the River’s bank are from one to twv acres each, and are easily accessible by roads leading from the Lower St. Peter’s Road.

This being by far the most extensive sale of Real Estate ever placed on the market, cap- italists and others will find it a rare chance for safe investments.

Terms—Twenty per cent. of the purchase money down, the balance in four years, with interest at six per cent. per annum.

WILLIAM DODD, Auctioneer. Ch’town, June 5, 1879.

Iron. Iron. Iron.

ely oa TONS Refined, Assorted | date

large majority for the Conservatives,

Fresh From Scotland,

Laing’s Purple Top, Champion, fireen Top, Skirving, and the Improved Swede.

Wholesale and fetaul,

aay ee

BEER & GOFF’S

Ch’town, June 2—

LIME JUICE.

Rose’s Celebrated Lime Juice and Lime Juice Cordial.

BHER & GOFF.

Ch’town, June 2—

GRAIN D

WALKING MATCH

—IN THE—

Citizens’ Skating Rink,

scent pean

WEDNESDAY,

lith JUNE NEXT.

A WALKING MATCH

ATCH of 12 hours’ duration

ce in the Skating Rink on the above date, when a purse of . 00 and a belt will be competed for.

All entrances must be made on or before SarurpDAy, 7th June. Entrance fee, $2.00. All competitors must be present at half-past nine o’clock in the morning, as the race will be started at ten o'clock, sharp. The race will be ‘‘Heel and Toe,” and a copy of the rules governing it will be fur- nished to each competitor. The Band will be in attendance. Admission: During daytime and up to six o'clock, 15 cents ; after six o'clock, 25 cts, By order,

W. C. HOBKIRK, Sec’y.

May 27, 1879—3taw

BANK OF P, &. ISLAND.

DIVIDEND, at the rate of Ten r Cent. per Annum, has this day declared for the t half year upon the Capital Stock of this Bank, payable at its Banking House, on demand. J. R. BRECKEN, Cashier. Ch’town, 2nd June, 1879—ar pat her ne 2i

Union Bank of P. & Island,

A ey E is hereby given that a dividend at the rate of Ten per cent. per annum has been declared on the capital stock of this Bank for the past six months, payable at its Head Office and branches on and after this

GEO. MACLEOD, Cashier,

BEER & SONS.

Ch’town, 2nd June, 1879,—lw