v-

i:

ALSO.-

PUBLIC FORUM

‘lhh column In "an hr

dlnaulon y urrupcn of question of lntcecc. ‘Ila Clulclhiown Guardian hm In! no the Olhlonl

fig

ncccanr cl ccnclpulolla.

(Continued from page 4)

______.____________ called Confederation “compact?

But the Quebec Resolutions as

passed at Quebec only received the assent oi one Province. namely. the Province of Canada (compris- ing, as mentioned, Upper and Low- er Canada). Those Resolutions were definitely rejected by the P. E. I. Legislature. The Resolu- tions were never, in fact submitted to the Legislature of New Bruns- . wick or Nova Scotla. Yet Resolu- tion '10 of the Quebec Resolutions declares, "The sanction oi the Im- perial and Local Parliament, shall be sought for the Union of the Provinces. on ' principles adopted by the Conference." ‘this never» took place. 1t may be men- tioned also that the B. N. A. Act differs from the Quebec Resolu- tions in several important re- spects, and the Province oi Can- lda which had accepted the Quebec Resolutions was not con- lulted about these changes. The ‘Resolutions oi the London Con- ference also differ from those of the Quebec Conference.

As to any approval given to the Resolutions by the delegates at Quebec, it may be pointed out. that l0 far as the Maritime Provinces were concerned. the provincial delegates were never authorized by their legislatures to consent to a union ~of the Provinces oi British North America. and approval of

their respective legislatures was

required to any proposal they

might make.

' When P. E. I. entered Confed-

eration its terms were arranged

with the Dominion. How can it be said to have made a separate ar-

i gement or entered into a separ- mtc agreement or agreements with

the Provinces? The same may be

said oi British Columbia.

These are some of the difficul- ties to be met and answered by those who set up the "compact" or treaty theory.

It has been stated by a‘student oi our constitutional system:-

“The entire procedure by which the Canadian confederation was accomplished is without parallel in the history oi federal govern- "ment. There never was any rati- fication of the actual terms oi ‘union either by the Legislatures or

~by the peoples of the federated inccs."

Without referring further to the urgumertu on the subject it may “- be sufficient to state the conclu- aions oi some oi those who have

lven the matter careful consid-

ation.

Prof. Rogers, of Queens Uni- y. after lengthy discussion. states of the Quebec Resolutions- “Ths use of the word ‘treaty’ as applied to the Quebec Resolutions in the Canadian Legislature" (the legislature of the Province of Canada) "was either purely rhet- orical or was adopted as a. means cf confining discussions to the ac- ceptance or rejection oi the re- bolutions in toto. . . . Th: so- cslled compact of the Quebec Re- solutions is without historical or codstitutiomi

Speaking of the Oonstitutiomre- r from these resolutions and resolutions of the Inndon ~ i -- . auteur-

does‘ not follow that tbs

- lion growing out of this l mould bc regarded as a

in“ ‘Ollllllll

i

more show of blustar and

NEWS AND CRLEY DAVIS ORCHESTRA

FRINGE EDWARIL-TODAY-TUES-WED

MAT. 3.15 P.,M. EVE. CONTINUOUS SHOW FIl/OM '1 P. lVL

been made to the B. N. A. Act, Prof. Rogers states:

"To sum up. the practice hith- erto adopted with respect to the amendment of the British North America Act is definitely against the implications of the compact theory."

In an article written in March. i983, referring to “the untenable doctrine of unanimous consent.” that if this

Prof. Rogers states doctrine (the theory "compact" or agreQent) prevails. "Canada

would have the most rigid federal constitution on the face oi_ the earth."

Prof. Norman A. MacKenzle of the University of Toronto. in No- vember. 1933. writing on the sub- ject of "The Federal Problem and the B. N. A. Act,” stated:

"As a. lawyer and a. student of history, I have no hesitation in saying that the British North Am- erica Act is not a, compact, and from a. legal point of view could be amended by Parliament with- out considering the desires oi_ the Provinces."

Other writers agree.

It is true that the positions of P. E. 1-. and oi British Columbia. which came into Confederation by Imperial Orders-in-Councll pur- suant to Section 146 of the B. N. A. Act, are different. With regard to those Provinces certain terms were agreml to. and there is strong argument for the claim that the special terms set out be“- tween the Dominion and British Columbia, and between the Do- minion and P. E. 1.. constitute covenants. Even so, the covenant thus entered into would, in P. E. I.'s case. be one between this Province and the Dominion, and wouldynot be a covenant or compac‘. b~""-~n this Province and the other Prov- incesdndlvidually so as to require their consent or the unanimous consent of the Provinces to any change of terms which might be agreed to bet/ween this Province and the Dominion.

I am not unmindiul of the fact that the word "compact" is ire- quently used in a colloquial sense. to represent generally the negoti- atlons. resolutions or statutes which resulted in Confederation. and not in its strict sense of embodying a treaty or agreement. In what I have written in this letter, how- ever, I have dealt with the word. not as used colloquially, but in its strict legal meaning as an agree- ment, treaty or binding obligation.

‘The subject oi the amendment of the B. N. A. Act or of an al- teration of provincial subsidies re- quires. however. to be further con- sidered from the point oi view of Section I18 of the B. N. A. Act. since that section declared thift the arrangement made about sub- sidies should be "in full settlement oi all future demands." That ques- tion will be dealt with in a future

letter.

I am. Sir, etc" PRO BONO PUIIIII-

_.__..___.____.. LIBERAL CHALLENGES

5lr.—'l‘herc's a something that "wastes its sweetness (or foulness) on the‘ (hsert air." One of them is the perenniéallgcfiiberallt'fchallengc” for genera on. nccu imnadia-tely after their party is de- feated at the polls. and automatic- ally continues as long as they are in the cool eludes. fenced away from the pork barrel.

This fad they carry to absurdity. ‘they know that within three months an. election is unavoidable. that public business is spseded to mI-kc ready for it. and yet for the

bnvlry to flce expected

this imbecile challenge. ft will come too‘ soon to please them. and when itdoumcnyofthem wiildo their

fl qeggtl-uldgumu m m p vlcy 1i r

I ‘he “i. i '

COMMON SIN!!-

HENUEZV, minim

N

‘CARL is.»

{RALPH B ELLAMY ‘VALERIE HOBSON

IRYAENE WARE

CATHAR I NE. DO CC E ALSO . some. rmas

and MUSICAL GAPITBL Til-BAY

would bring swear words to a saint. A highway costing $28,000 per mile to build. and a further ten or twelve thousand in repairs. should at least be as safe for travel as the ordinary graded clay roadway.

I am. sir. etc..

TRAVELLER.

BALANCING THE BUDGET

Sin-Hon. Mr. Lea is promising to balance the budget. What a won- der man he would be if he could do it? And what a. change in his past record, and the record of his party, if lie even tried to do it! He and his party promised this at every election, and when in power did the directly opposite.

It can be done only in one of two ways. Reducing expenditure, or increasing taxes. which o1 these does he propose?

Is he going to cut down highway improvement. depriving men oi em- ployment, and allow us to travel over quagmiies and-through car smashing ruts? Or will he impair education by carrying out his res- olution in ‘the Legislature to rc- duce teachers salaries? Has he the Hepburn thought of disgracing the Province by repudiation of any of our national Yoblfiations? Does ho intend to starve our hospitals or dependant public charities? Will he induce our aids to agriculture? Will he do any of these things, or will he spend and squander as he did when lnoffice before? Unless he does these things and cuts deep he cannot balance the budget in this way. '_ . ‘ ‘ . Will he do it by taxation?‘ 1f he does it at all, it will be by more taxesbii an already overburdercd - people.~Past experience shows that the more" taxes he collects the more he spends. and the budget remains unbalanced. In his Bell Govern- ment, and his own ministry. it was supposed. that . "everything tangible and intangible" was taxed. Has he found anything since that escaped

affected 1 defeat, 1 they broadcast from parliament 1

his party's tax bills "from which he can get- more taxes-to balance his budget? " _" _

Don't forget his famous prescrip- tion for collecting. Truthiully in part, l»: sald,--“Pe0ple don't lime paying taxes?‘ therefore. "like giv- ing castor oil to the child, you must hold i nose. and force it down its th t." This lsprobably the way he will attempt to “balance the budget." if you give him the chance. But there will be no bal- ance. but the same old orgy of spend and more spending.

I am. Sir, etc.. V

llcaiflii

o! I SOQU‘I"IIQ advance.

. Male ChorucCoucer-t in the legs Hall Thursday

can collided near railway 210N111! 011 I-fllllworih Avenue list fender slightly damaged.

cair escaped with um. mug,

EXAM

dents seeking realm on June 3rd.

on a two months‘ Quite a nautical air was given to the function by the arrival of a huge ship laden with travel gifts for the suest of honor. rm. B11811 Miller and Mrs. Frank Hearts presided at the tea table and the hostesses were as- sisted by Mrs. Walter Bearisto. Mrs. A. B. Bagnall and Mrs. Gordon

The American yacht owned by Mr. Charles B. Lovey. New York" arrived in port last evening. Accompariyin are Mrs. Lovey, Mr. Harry Whit- ney, w. Earle Alexander and Mr. P. The party had dinner last night at the Canadian National Hotel. The yacht left Detroit, llvlichigan on May l0 and 1s _ York City. Shesails this morning

contained only a-fe-w ‘cents.

ru- . u..."'..1"..."-'..'.""" m spun

sown n’

u.

Monday at lpim-s-fl-li. DON'T MISS the, miarlottetown Col- everiing out. b16113

cans“ m oouasrou -1“... the

had the rear The other

ramcsrrmssrsoomrn S-PrinceofWalcsCol.legc

students completed writing their ex-

ticins on Saturday. com.

monument exercises will be held m; Eriday. May illst at 9.30 a. m. oxtonsion

Al: stu-

eounelnmcthodsfor ‘lieenseswlll

teachers

ORANGE CELEBRATION - In 1119 NPOrt of the Annual meeting of the Provincial Orange Lodge it was incorrectly annmnced that ;he annual Celebration would be in Crapa/ud. It was held last year in 911198-114. I-nd the scene of this year's Celebration has not been decided. '

POLICE COURT-At the Police Court Saturday a man charged with operating a. inofor vehicle without a permit was fined three dollars and costs or five days in Jail. The ‘efonda r1, in a breach of the Prohibition Act case was fined $500 and costs or six months in jail. A man charged with being drunk and disorderly was fined five dollars and costs or ten clan in jail.

FAREWELL SHOWER. -- 0n

‘ Thursday last Mrs. Han-y Cudmom

and Mrs. W. M. Rowe were joint

h- leases at thelattorb home on Grafton Btreet in honour o; Mrs. R. I-l. Rogers who is leaving shortly

triptoliluropc.

Hllglldl. BOD VOYB-IB.

amass. educator-on Wed-

nesday evening May 29th. at 8.00 p. m. tlra Rangers Guides) will hold a concert in Bt. Peters Cathedral Ball. The pro- ceeds of this concert are to help provide uniforms so that the Ran- gers can take part in the rally in July. The main feature of the pro- gramme will be a number by Mrs. Arthur Henry who has coached the girls ‘in.’ thej‘ production oi.’ Old District School," which play includes songsyrecitationa. and hits includes songs. recitations and hints on well known citizens and places. Come and 011101 it.

(Senior Girl

"The

AMERICAN YACHT IN PORT- "Wilduck"

Q Ml‘. LBVQY

E.‘ Barnum. all of New York.

bound for New for Halifax. The boat. which in 154 feet long with a‘ 28 foot beam, is powered with two 400 h. p. Diesel

engines and is capable oi a speed

of 16 knots. The vessel is equipped with wireless and carries a crew of 1'1 men. The yacht docked at Car- vell Bros. wharf.

THEFT AT SERVICE STATION

—-Mr. Pope Beer's service station on

the Malpeque Road was broken into

sometime in the early hours of Bun- day morning and a box of chocolate barsand aboxofgluntalcen. The

cash box was also taken bug‘: thieiorthieves broireapcneof

OI! _y Dr.A.C.

vineeut spoke on another

Yesterday inornina the single men, who were on retreat last week. received Holy Communion in a at the 7.30 o'clock Mm. The child- rcnhlviasswnsatilokiloclcandat 10.90 o'clock High Mass was celebra- ted by Rev. R. I. McKenna, 0.58.8. Impressive sermons were preached at all the Masses in the morning by Rev, Paul G. Fisher, (IS-R.

The retreat for the single women opened last evening at '1 o'clock, and will be brought to a close on Friday evening next. An eloquent and in- spiring sermon was preached last evening by Rev. Father Fisher. W110 took as his subject "Faith in Our Life." The service was concluded with Benediction of the Most Bles- sed Sacrament.

Exercises of the . treat will be held each evening this week at 7.80.

in the morning are at 0.80.

Masses '1, and ‘L80. .________-- 8T. DUNSTANB BASILICA

The mews at 5t. Dunstan’: Ba- silica. yesterday were at the usual hours. '1, 8, 9.30 and ll o'clock.

At he 9.30 and ll o'clock mast Rev. Dr. McMahon preached. '

Solemn High Mass at ll o'clock was celebrated by Rev. Dr. Ells- worth of 8t. Dunstan! University. assisted by Rev. Eugene Murray. Deacon of the mass and Rev. Earl Dalton. cubdeaoon.

In the evening at '1 o'clock, the annual May pucession in honor of the Blessed Virgin was held.

some B00 boys and girls oi the parish participated in this trlbuw of devotion to the Mother d God- whlch culminated in the crownin! of Mary the Queen of the Mass and the ,‘ ‘ of baskets oiflowcm 0n the beautifully decorated shrine

example the best qualities of cl

crs; A

thence;- .Thotc1itoftlu|crmonwa| a.

Ill-II

‘i’

ay glory o! God's ‘iiunpic is "ethical" vol tom.

Awwg i

‘zoo scoritsylzil~fiubs~arrdrltovaeriCrew PRINCE‘ or warns

\.

U d M11731”; if/SRM. e5‘

u or c fllllullkgfl... gm

stir .'.2i'..';';fi.":.'.r.i..°"'"*"5‘*=:"=~“5*

Proceeds for Cam ' d Troo Fu ' Aorussrbfil 2s». p “d” t

g unionism-iii. Emerald, my, ,5’ 1986. Annette Marie, infant daugh-

tar of m. and. Mrs. c. w. Orokep,

owner-om at Avondale. May 36. 1086, Thomas Curley, aged g4, years. Funeral Tuaday-morning u; St. Josohimk Church. Vernon River.

izenshio m bflflt- “The Dawn of bur-mi Day m1.

At. the evening service the Rec- mlwn guy“; “q M“ Egg-pun. MacBDIlY-In this. City, Mgy 5' tors sermon was based on our pug“ r a 193;, m“ m,” M“ Mam” srviourr question. "W111 we d» w m subject of in. evening ser- daughter or u» lain-Mir. and m; away?" emohuiflns the W11» o! mon was ‘The Temple and its Francis MacRory. Funeral m... life's choices and 11119 11W! M‘ 4* Glory" and was the hit in a series bar late residence, 108 Kent at, cision o! eharwm- M1‘- PQWY W - of three Bunday evning sermons on Tuesday mining at s45 go s; 118ml N118 d i119 $115118 0f thc “Temple of the " In du- Dunstan! Basilica, thence-to B, (1 the ofierinsn- the them; "The - Cemetery.

ve Pervcrae n: o! the Interim" and the rm- csllency of Christ's workmanship"

were discussed In cloning it was stated that the

norm-m the City H051 Mlvlklsimwlsmgclina. pm daughter oi the late fill-sand w;

“Ill.-

River. Mm» on Wednesday. May

mover- all else. The first‘ out‘: ‘afeinwzatm u“ m Ifiergr°$omwh 7% Q Christian " i . The them of tho evening was 3°!" $1118 M01150!) afternoon; "m" ‘h’ 5Y°"‘i,,mn,,“,,,d'“d_ wuuawslrs "Th0 splendour-r of Thy vies atsrtl-n n- 8‘o'clook. m?“ “m “m” ' Gluylord." leaving at 8.10. hlierment Pcopl when at Athens he gave apldieco- 1' oememm . . phical eddies of mrldllfli _ _ t * . > th preach our- ~ iiflfitfiPfififi-t’ "m" . -. ’ .. ‘ . . u Mark muscthey are content ~00 6rd " Romborchsstergrfsmsug,‘ l1 8 3 GUI! L. preach the word but must sbfqld , _, ma. Ada. Gaul’ Mocdmuld. fan u. minutely interpret it and 01;: ._ [Joop Tro h merly of Vcfllfln‘ and“, p plain it. Allwiéhcsewane invglvgiw‘ _. , P y Edward WWW; Thurcdqr more than any or oli¢of (a ‘ju-Iqh“ an,“ m"). 8t. Joachim’: Ohlnch. ‘Vernon Rlvh. mooupeiurobecreoch» . _ rmwmmm ennui, ~, edlnitsaimplidty.cndliis-entirety< . " - can“ u,“ m ‘w, M” - »_- u I l Notions ed with.- ihs. wt bureaus.‘ some... mm lulu-Ar u» home of hot sis- mdiearoiwarnsedtheflwhfiggia “Mum” fofkDrwA-midO. mums. run 40 in Iii

ercciedmixseside the sanctuary rail. His ellsncy Most Rev. J. A. O'Sullivun preached ' the sermon. speaking to the children on the love and devotion that they should have for her, who ls the Mother of Cod, and who has been given to them and to all a» be their mother.

He said: These beautiful flowers you are placing on the shrine. are but an expression of your love for

Mary. -

All the children joined in the hymns during the devotion which closed with Benediction of the Blessed Sacrament. Rev. Dr.‘ Mo- Mahon being celebrant assisted by Rev. Eugene Murray and Rev. Pred- erlck Cass.

Rev. l1‘. L. Mullally and rm. Dr. Ellsworth were the Bishop's chap- lains.

The procosslon was under the dir- ection of Ricv. Louis A. Douala. while Rev. Dr. Glllis directed the singing.

-Miss‘BessioBl d, " ‘at theorganandwasasslstedbya stringed quartettc.

..__._-___..__ ST. PAUL'S CHURCH

The Eons oi England with bend and banners made a. colorful par- ade tc 8t. Paul's Church yester- day morning. There they were Joined by the Scout ‘Proop and Cub Pack associated with the Church. The Morning Prayer Serv- ice conducted by the motor feat- ured special prayers for Dominion and Empire. and Mr. Charles

Earle’: solo at the offcrtory was

coimtry-Iior he

city which hath foundations.”

chance. dernocmd

living-ins. Weheirvflwlc has

r r

of the great forces drivlhl "I "l" a new country. a more‘ 1111c

swim-i _ not that which drives.

is leading hearts and

equit grated forfi is

Butths ‘butthd wont

Abraham

lls on. In changing iiveswelhiillfindall-

tinctionmfidsthlfiwwl-Itmfi lea for the women's "international 251m’ w“ Jwliim‘! "01- tobc-precchedontliicboirlavuda. _ 11191110! PlMttOnBur-ial took ruainohesiuurssvervwltm roi-tiucereriamortiironcsi-é P1“°°°"1.'"""r"'¥94-11vmres- nubecuurrmvfmlt wad». wooamphnwhiciigouwitiruc “"1" “h” =W1'-.1I1'I-.T.F- m. Preachfnghssits aim in the championship. u was tough ‘m- N" ‘WW1 Mm- programmoofdodfliethttblthcanntheyhavchsdsinoethqylost . earrtohearlethlmhear." three straight to Durant. Okla.» T . . The c ngservioe was cou- OO-ftiimlltwoyearuggq, “up; OOLBtGTOOCIGBIfy

W *:...v..~;-.“-.r"a "i 4%...." '" u..." .. r we

900k“ 95 “WIRES.

Abrahiimsstoldinthcflpistleto thencatbaing-Mondcynight. 1”" u" W599" ".114! the flQbrgwp-"By tn Abraham . “wt P0114. b0 brown

coat Iindcr all 100. lbewlfd. 15-16%

criniip u...» chum)‘ MUNDAY ‘

01ml u; g3" u» - Dllthtsrs. Ladies Parlor,

rma rants ' -‘QlimIw=1=‘-f,fq¢flv¢ suumir Mair can.

wraiu- Creighton", mt by

Full information now in the hands of agents

motor Saturday roi- sroxvuis, u» at- Cansdian National.

tend the S. O. . mutter it thbt plcoe. m. Wfiilhwn wuaccovnpcinodbythc Ofllohldfiufllil.