CPAP

PEAL PRIVY

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‘ THEV °‘UAP~°l4N» ii’

hi our Representation

I Details the Steps '

and Shows the

I 0

_ lrlnted. ereason i-1

_ Nrent. The docket of cases e PFW! Council is very large, Dtrmitted an lnfringment of

OU N ‘L would he swamped with cases

C ( ip at the last miment. The and

strong reason to my mind w"" tliatMr

1.. Aylesworth who was retained, ' sired to

-_~,.,.,. . l, _., _ _ _

‘ return to Canada after the sitting on the

_ . ' Alaska Boundary Tribunal was ended in

asc-___ PRm|er Peters °1'5¢1' to be present at the Supreme Court

I ' I otooiowo oboiittbo ioboi November, be

havi everal or tcases comin on|

dlng Appeal andslxcbthe dclgg gifting whethergthe

.23 _ . _ _ n _ _ ‘ _ _ ___ . _ .T if _?_§_-V, __ _,_.,_4o___'.

Privy Council would hear the case in that V A l ,H 'I7 ‘si I ‘“ "ll

3 t no at ou Itborofoio dooidod that so ~'i - ._ . '_ '

C uses of De- _ _

the matter was one in which a month

____ ° would maize very little diffenenoe, it

would be better to have it settled positive

` ly when the case was to be beard.

' f As it now stands the application for

leave to appeal will be made, all the pap- I

A ‘1`5b¢il\8l“.onthe1stdayof November, _ , _ ' ' ~ = _V V V -- " ' ~ - f , ,_ -t V ood ibo oooo win bo mood boforo obo Said the manager of one of Canada?s largest ~D_epartmeni:e.l stones,whose catfogdlc

° - ' ' '~ i ' 1'. ' ~ ' A _f-Vi’ is 'S i:»:<..V~‘-mio*--

Privy Council byM A 1 rth d _ _ _ ...ifo.-...oo oo... of....l.ff"f.. ~o§§'.ifmfi be found all over our Province:-_-‘_‘_I would Say that dunng the !ast__tep_years_we this Province in the February term of V _ _ _ _ I 'P I I ` ` _"M P 1 5' I

to P E Island $ o oo worth of General Dry 'Gobdsl

that court. As to leave being granted to ' ° 5 ~ _ _ ' ' ` ,

appeal thi , b fore. ' _ , J _ _ _ _ ooo°1u.,°:_“§,,°Pi,f;%§;:,Zfiuwafgx $1.00 worth-ofFurn1ture.’ If this _DePartmental_stor,e,_,="S6ld‘

I am informed by our Solicitors in Lon- 111011211 III P. E. I. tlléy W011ldilI1 $5,000.00;

500. Messrs Blake and Redden, grant Per

'ledveto appeal where a constitutional . . . ‘ V _ __V, .,> ~ ,, _...Ve of ..,,,_|,,,,,,,,,,,,,_ I ,m ds, ,d,,,,V__ _ Personally we believe that quality.cous1dered;Vbo;_fh Furnlture

_ _ *d,?.°"‘°ii°ls°el'ootby Mr Ayieswoi-tb - _ '- ~ » _ .VV _= . ._ ,__ _. _~ _

tbgrl migbtbtoq, deny io _obo motto.,-mg, he bg, no wb, at an ,_m__m Pm’ been sold_ in _the past at fair prices. Yet anydealer to do so

' ' ' ` ` " ' ` ‘ ~ ~ .V ._ _ ‘a f'§‘<_iV* 1""-ii' "

Attorney General and as the person hav~ Kr. Ayleswortli, the Counsel' whom I pro- C 1 in A _ ing the conduct of the appeal to state how posed to retain in this appeal, and who 182:28; Yppelna n.;£b;;°tth?‘::_;;t?2 11311185 Of d0Z8I1S _Of y¢2.l'S’ l13.V¢ HIC ’ ; i

Dunn SIR;-I have noticed quite alot of ' there were several criminal trials, ani-

ggiwrials in the papers recently relative ongst others the Gillian case, and thc to the representation appeal to the Privy Court lasted some days. Ou the 18th of Council which, if not contradicted, might , June a meeting of the Government was have the eilect of misleadini the _Pilbllé lisld. for @e purposaof deciding whether as to the actual state of facts. I. am also it would be advisable to appeal _jo the ways loath to go into the DIOSS “O3 88 T1* Privy Council. At this meeting it prefer to let these editorials or communi- was ordered that _I ascertain as soon as onions be published without comment so possible the probable cost of soon an

d t affect the public mind appeal to the Privy Council, in

improperly. I noticed especially a ve y case the Government should decide at

° another meetiug.after having ascertained

oommeueiug' on the state 01 the appeal ihehost, to edgy the ease there so that “

S _ _ __ __

long as they o no

my ,ditorial in your paper of this m rn int! _ ' _ and after reading it I think it my duty n

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matteractually stands. The Guardian hassince been retained, left for England d d b I Vi _ __ _ _ _

You a ou t. _receiyei Yesterday a let Carpets &c from__T°r0nt° ‘_ _ __ _

House of Commons when the discussion

e u 'Some of these statements were with hinpwould have to be forwarded to :,:;;c:i€o°];:‘;l1§ ;sI°w:5g°;f) it cr; V . f . - .f ,

5' g ‘ ‘- ' 1 ~ - _._ _ “ V - ~ , _ , '_ " '_ ~>+°V»,- *_-é ‘.~=_V’.r,

‘ ‘ ‘ '~ » ,n_ V ;.-at o \ »

Ol!!! D~. true in some respects but incorrect in England andlwould have to wait for _ I _

others, and would therefore bevery mis~ his isliiisvvver. the 17th of July, I called ;T;ey:;;n:¢0;°e;12l;t,g,zigisyminzmg g

ano ermeetingofCouncil,whichofcourse an appeal batng granted bythe Privy, _ _ _ _ _ _ - _. I f , V_,,,,_._______ __ _ri V _

leading if allowed to go uncontradicted_

This case was first set down for heardngwas you weltkuow, requires time in ord ' _ I _ , V _ 3 y _ - l - J-» 4 _ V *fi* I 1

before the Supreme Court of Canada on to notify the members, some of who; 332333’ T:-dotsirrfsehetixouigpzxtggmld

' ` ' ` ’ " ' f V ‘V '=_ V .;i‘f‘€.`f_; `

miilht be oifihe Island, and in this pir- Londo t 1 B

ticularcasewere oath In d. A hi u o anpea, but that Cmnsel _ _ _ o . _ __, , ,V

meeting.an Order wasrziade xderin; Eh; Zzzldogtggiffxggiigly "M G°'°_»_".};‘“ I _ _ , T

‘ A a e ‘ " ` ‘ i __ V _ -

.V _ . _ _ _. fi'-.i`7_".».”:! if-;:t5I§;§~;.1‘i

|heRepresenta€iouC ofPrnceE wa a “gon ,, e sqllxmew ° V _ _ ,..

as i d ro ppii i B b ii odd bil e 3,1() lOl' thell' _Q0dS, __ STQG_K___1S,____,9pen__

Island be appealed to the Pri ` Co 'l ' ' P l A _

I then took the necessary stepziytoizgtu 'Za-1l:u(;ppI;.(:i;§;: aplnglcatlltonij apezlzlbnlg A _ i A V 1 H g _ _ casein trdinforthatCourt. On f th ,'- I pm ° ' K ° ' I A " 'I ~ “ * " “ Q q - J. ent “fps no be when was the Eznging oi t_h_;.tca;;i.tco;is_tit1tEonal matter involving _ Q; _- acertiiled copy of what is callezi the Re- Ame,-ia, ;¢,¢J°¢;c Uma British Nmth ` ' " i ‘ f V' -V l ' V _ V -~ Z . l VVV” ' . V' ' -:

gc:-d of the Judgment ofthe Supreme Privy councé 'could g;r:iemit§t;_¢1 fgavgflg _ ' _ _ - V __ _ _.;::i_i}i;_;_ _ __i,;V.

' nrt C nad - -- " ' `

iii t :’viob`tbo'l'>°riv1;mllTileiian(11T fill” °ppe°l°°° p°""‘°‘ ’?“ °'°“"‘V: ”°" 8°”

- GU any necessity of sen-_iiug Connie] uve, to

inszructed t f known HrmmL_88;;1___;_f;;;)_tt:owap_2cu;el_l ;E_te_;1;l__\_;D£J_:1etl:I<i_;i:_Dlicii_ti§Jn leave.”

1 ' r o cave appeal,

the authority of an Order of the Governor General in Council on the 12th _ef May 15113 on questions submitted V to the Sup, reme Court by the authorityo! the Gov-_ V ernor General in Council aglted to B! Ill! self and the Attorney General of Canada which question raised the point at issue between the Province and the Dominion Government as to the representation. The case was to have come on in the M-ny term of the Supreme C iurt atOttawa,every thing, was prepared and Counsel retained, name- ly Mr. Aylesworzh K. C. of Toi onto, ta argue the case with myself. We went to Ottawa. Uuhappily, while on our way ~ there or during the time we were there and before the case came ou, Mr. J uetice Mills, one of the_Judges of the Supreme Court, died, loavingtbo Court with only four jud#'-not a quorum,-onef of who wasMrJusbiee1)ades. We miibt per~ haps by consent of the Attorney General of Canada and myself have proceeded to argue the case before these four judges; but, I certainly did not think I would be ‘ justiiiediu arguing the oase_befmea Court which was not properly? constituted es- pecially as one of the 3_§udg¢’a vi-ag Sir Louis Davies, ivho Iithodght held certain* fixed views on this subject; and therefore Idecided that it would be bett r to return and go back again when the Court was properly cirisvituted. The case was there- fore put od’ until June and on the 2nd of that month it was arguei before theBench consistinl of the Chief Justice, Sir H E Taschereau, Sir Louis Davies, Mr J ustice Girouard, Sedgewick and Nesbitt. On the Sth of June following, the Court deliveredi judgment by the Chief J usrice holding the case in the affirmative; that is, decid- ing that the Province was not entitled to retain its representation of six members and is liable to be reduced Qach decennial census. We had then eit_iier__..;to abide by the decision of the !upren:ia_Gourt, _ 5. to oops.; it fone bigheot Geiirt in tae land. the Privy Council. and -the matter dually settled one way or the other. This _ was a step which no one would ask me or any one else to take without proper con- sultation. and without knowing whether the public and the Government which I led, would justify me in taking this course.

Before the case could be appealed to the Privy Council it was necessary that the Government be called together and an Order in Council passed .authorizing the appeal to the Privy Council. I did not wish to do this without a full representation of the Government at the Council Board. On the 9th of June on my way to the Summerside Court I received a telegram on the train from my agents in Ottawa saying that judgment had been given by the Supreme Court against the Province. What the grounds of thejudgmeut were I had no idea, and I immediately tele- graphed for a full copy of the judR!ll¢D% to be sent me; and I could not of course call a meeiiugi _'of Council until I had such full copy. At L his germ at Summerside

'_ »' ' _ _ " ` 1

`Prinole Edwari the Repgeseutatioii

'that Court to appeal. In ordinary cases~

P"°P°' °°f°m¢d C007 of the Record of the Juilirment, which is a voluminous docu-

Ottawa, but would be back in a few days,

know when he would return to Ottaw-g, On the 4th of August I received a letter from our Solicitors at Ottawa enclosing what they represented to be a certified copy of the Record of the Representation Case of Prince Edward Island, but on carefully perusing this document 1 happilY

discovered that by some extraordinary mistake they had annexed tothe Record insiead of _ tho. Bepeseutation Case Q

Cape of New and N87; Scotia; frhis necessitating eendioi* the me back to them tohavé this error rectified. which wok some days. `

As before stated, Hr. Aylesworth had

sailed for England on the 17th of J une but beforeleaving he had given me his cable address in Loudon so that I could communicate with him if I desired. Ou the 25th of July I cabled Mr. Ay lesworth at his Loudon address askinghim whether he was willing to act with me in the _ Representation Case before the Privy C ouncil and on the 27 h, two days after- wards, I received a cable from him stat- ing that he would act. i ' ; _

Io order to appeal to the Privy Council-~

it is first necessary to obtain leave from-

between party and party and in ordinary decisions of the Supreme Court from the Provinces and Colonies this is generally a matter of argument, and the Privy Council sometimes refuses leave to appeal. But in cases where the question is a cou- stitutional ooe leave is never refused. In order to obtain this leave a petition has to be presented tothePrivy Councilfor that purpose setting out the facts. This _petition was at once prepared by me ' and sent to England, but as the time had then

Fagged Out, V

Depressed

_.11-

Euergy, Snap and Ambition' Gone -You Need a Bmdng T°°i°__ to Ironize the Blood- Try

FERROZON E

_-._»¢_ '

Ferrozone will mike 10°, 9tf°n3 ‘md oooobio of doibz a beavyiday S Wvrk With- out fatigne. It is a lllll'V°u°“9 femwii

imc does marvellous things, as the follow- p testimonial proves: §After my baby was borllfl W” left '° a weak sickly condition, totallly nuff# f0l‘ a mother’s household duties. somehow did not gain strenth, althoullh I \¢°°k'm|lI' extracts and topics alltbe time. A _M17 friend recommended Farroxoce. ‘W`h‘°" ‘I used with splendid results. The Srst box helped quite a little, and when I had taken six boxes my former health. rlxigv

gheeekg 'md “om sum S’ wages. I have been advisable to have asked the

restored."-M ~ Newland, Swan

You can’t sisnd wc, to a better advzlat' age than on a box of Ferrozone. ind ° soaps: you set gerxoxoné. Uh* gggzgaggg w t ll. 't accept' I ` f h ge we mdiu ist-an Pill” tl"

éf.E.Ii’.?.§“ii~2.f‘..§£’.?.i. ..‘i.i.i.V_..ii‘i’- wigs `, i bo air so."'Br\=°*1'.iV “' riff. iiiifmoiaoomrny, xumst°»»01

gone on to the end of July and as August. (although some of the members at Ottawa do not seem to be aware of thefact) is one of the months of the lon g vacation in Bog- land, when no Courts sit, no application could be made until that long vacation was over, so that it was impossible even to make an application to the Court for leave to appeal, “The petition of appeal" which must be distinguished from the “petition for leave to appcal"has also been fully prepared and is now in England. The case, also which is somewhat similar to the faotume prepared in the Supreme Couit_ Ottawa for appeals there, has been prepared by me, and is also in `En|z- igod. Everything is therefore ready for' one appeal to come on and the only step \o_ he taken now is the making of the ap plication for leave to appeal. This ap- iplioation will be made on the mst day of thd term in November when the Privy Council first sits again; there being no Court from the time it rose until this date There was aquestlon whether it would

Privy Council to hear the actual appeal in Noveinberthe same term as they granted in-vo to appeal. But there severaloh- jestions to this, the first being thatit was

;§‘,;,n*'§’*!‘*,.,*:,'l?‘B"”°¥_.!9'°ie " °3°° Ido not tbiokibio trar ofthif'Sii`pr€iiii°e` Cour;"s 'ie bud "7 e wp “"°f N'

" ° W made by the different

mtl” tn Rem" '"’” th” ‘l’°°“t 'f1'°m upon this question and

iiwii _

and that they had telegraphed him ad- b _ _ y you is that of the Minister vising him that a copv of the Record was that no appueauun for

required, andrequestinn hlmto let them hu nt; been mme

being grants d, that question tpmy mind ' is settled. The public therefore' may Yogi;

ow, and

argu

1 57. J .H

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_ to in

our paper. One statement-_

appeal

a certain extent is

the Minister of Justice in'

making it must have known, as Deputy Ministers does know (and I pm. some he is supposed to know? what hii Deputy knows) that the under way. Not only was it way, but the Deputy Minister of _Justice was askipgmeto D°§§Do_ne the time of hea- vlgii. Qhe Attorney general Kr; Iltzpat- :Qin qucted..hr'§r' The Efndniner as sdyingthat this appeal was made to ' the Snprenie Court-in Hay last. ,and there was nothing t0 prevent Island from petitioning His h_I\iesty‘;1; either the sittings of the Priqi Council in June, July or August. If this is cor. rectly quoted, the Minister of Justice is most grossly incorrect. The case was not heard in May as the Minister of Justice ought tohave kuown,_as therewas no quorum to hear it, and it was not heard until June. the following month; and as shown by me by the facts above, it was impossible to have had it before the Privy Council in June. The Attorney General of Canada also ought to know I should think thatthere is such a thing as a 1o_u_g_v_acation in England, and as a .oooioii*o:‘ioot obo privy couooii door ooo sit during the months of August, Septom-1 her and October. _

However, to put the matter shortly and to allay any unrest there may be _in the public mindas to whether the appeal

the appeal is being perfected, as fast as possible, and- it will be heard, barring un- seen events which mighli l1&Dpen_between that time and this, in the February term

it might be said if I simply contradicted the statements made in the different papersabout this matter, that I was speaking without any grounds for what I said. I have given the facts, and I think any one can see, if he takes the trouble

secuted asfastas it possibly can' Vbe, and that lf» Will be hohtd b€f0l8 hh!

Charlottetown, Oct 2nd 1903

YERFECT CURE FOB

This dioease can be treated only

e y carried to affected

with the al

intended these omaha

air alone

t _Val

` wher

Pri

tarrnoxone

heal

ever the a ' an --isep- ic affected

the

every slo #ly

ment coniaining as it docs adifiavits of pe;-feg 1 -V* i

. _ ' _ y assurei that so fargsqetung _ _ ‘

;;1('liD;__g!;;i;3uattac§eg, with t_iie____¢_;u_!_.|;;,;__,_o__",e $89 _re the Privy » _ __ ®mV.;$%°‘;P’b° %‘;° J~“‘i_¥'§Pi¢__°f '=\_j¢_,__§oo$od it ispmotiooiiy Ve’ 7 °_R°d§"`”` °f 5,5 fav thin'&»'§iin readiness

Court. Ou the Z3rd'of July I wrote cur med, which ,nn take place in

sox' ° ~ - ,

t“1£'tt;’;`°n‘;e(?!°“w:ter°q“;°t‘°3 i'h°m _" I wi uld have preferred that

5°" Us ° °“°¢ t° °bW“ 'might have taken place

° certified °°p7 °f the R°°°rd 5° b° ‘Wt you will see from the facts

E .

*D _'Inland Cn the 29th I received in t_h|,,__1et,e,.’{t _,ns utterly

° 9l't°" "1 “PU “F IF - f"°f go v adthe case any

ark

the

isquite correct in quotingn number of girghe 17th of June, the nay before this terfmm the Deputy Mmm" d Justice' , _ ,_ I . _ ii _ .

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ii ` ' '_ ` :V ‘ . _ ~'_ ii - "'fV"""'i5,"3’ii"=1f".;’u

statements made by Members of the rin Council was d , d th f

~°’°°~~“=f°=ii°»=»"3 °1"3»°»\3"»»-‘»'53 ”"N°."°°'“"'“°“°“'“°‘°' "*““V‘“ ’°" V _ We show the LARGEST SToDK»~oif

.. ~»~»` .-.f

o me s»-f“‘-

illdhrv sroahhdr

is going on or not,all I have to say is that /

to read them, that the case is being pro-_ V_,

;;. _V,

| _ ._ __

,__ _

pnnnoonf V s surrns

. i

Never before _ have? we

shown such a _variety of nice things ~in suites. Prices 1 start is at $14.00 run-V_-_rup"'i; to $35.00 ‘ In all _-weVshow about-zo different designs, all the very latest; _We can suit you, no matter what price you want 'to

PaY ° _1

SPILINGS. I

Best value inf springs at

szss, $s.2s-$4.25. Roal- izing that nothing is so annoying as a worthless, Sassinz. creakins Spring. we. .have avoided _every- thing “cheap” and have stocked only reliable goods ni this line.

of the sitting of the Counoik, I 4 ha egoue into this matter fully because- N, _ ' V :.1 _ 3 _ _ _ ' iaosi AND BRASS spans.

rnV__.Lows.V Exoéuent vaiaest

1-50. $1.60; $1.75.

G°i>d V _houssksenexs #fs

mostt&cular about mat _ . Wehavek ' ` ibio filo: in sigh; io on

purchases. ' Our. $3.41) cotton top* mattress is just

8 . . ,Rv _ _ _ between 33.50. _ sooo, $4-90, $5-00. $5-85. $6.85. $1100. stlilo. Our V

patent intwoparts I , ,isa- beauty, and the very es-

sence of comfort. ` _

` _'_ ._ ; 3,.

I _

V ,ff

thcrsgat 854:, $1.3,

Aiinevariet of Iron Beds at$475 upto `$l350 bean-

_ y , . _ _ , tifully enamelled white and omamented with heavy brass knobs rods and scrolls-_-other higher priced ones to later. We would like every lady to call and see our 'law' _Bed Department- ` ' '

‘i A _

__ g- . ,. _ v " i ._ _

.‘$$,»¢‘ -.

Privy Council n February, when I 4ruet -

i . - __ ' __ _ _ _ _____ _ ___V _ _.iff 5 e A ,_lt_ if _"5 ~ I ; ._

ia decision in giver of the Province ma! I 0 N E W 8 0 N b°B‘\V°l1 - ___, ` y / _ __ V . _ , ;»V‘1 ’

_V Anrucarmunsf I _ nga* Fui.i§_“,_, ' '

_St\5_»__res._ `

I i4i°i'f>°i1°2°§E”*'i°"'°v»7i';°i,d°” Mt

Hssnever

the

POUND

or Ruby

thatrealenjoyment whichishk.

trade

IN!

~ ,mm-arytotheruleofihoPrivy Council

gg near appeals inthe

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Ive

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A fresh supply

Ellis three

-i

Proprietor

q&£$i

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9'[_|¢5

ii _'rue sinner siiioboro 'win be uid on on lWedne¢dly. Dot. 7th forrepairlandthesteni-

uooiqroiai.; V 5,!

' L raison.;

" non

4.oop.l§ ,_ 4-3°P'I~»

_ sub;-Il# _» em 'nodnribeboimoooiumeiiioriiaowmrdn

dntiiesnuthpnrtlerry. _V ' I

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npwin

if mad 'iii mu nie foiiownig nip in

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