'--v-f'iTW

FEBRUARY 1. 1952

TI-IE GUARDIAN.

CHARLOTTETOWN

PAGE ELEVEN

,”"ri-is wesreau 7 euaaoiau

PRINCE COUNTY 0I"l'lCE 8 Summer street. Sun-imei-aide.

Phone Mal.

News. Subscriptions, Advertising nepreoenhtives GEORGE CLUW 'sml GEUIIGE W0'l'I'0N

House Phones:

8032 Ind 2451

The Guardian may be bought It any of the

following stores Dell . Kelly's News-stand. Water Street. Myra ltoucotws Grocery. second wner street; Vince's Grocery.

120 Russell Street: service Drug.

in siunineroidei

Bookstore. Summer Street: Gourlies Drugstore. 21 Central Street;

Mark Gsudet. 07 Grenville street; Street: lsilnd Motor Transport.

Enmsn's Bel!-

K. L Waite In Iiensington. WEST PRINCE OFFICE

Aiberton: Phone: llelgh

.-BUY BAR IRON and

shoe steel at Bruce's.

..5i'ECIAL skate Bedeque rink. Tugsduy, Feb. 5th. Music by Sum- merside Band.

skate and Saturday in

.-REGULAR school hockey, Bedeque Rink. 1.00 in 4.00. Regular skating tiie evening 8.00 to 10.00.

LS1-ICON!) playoff game in South Shore League, Friday, Feb. 1st. Bcdcquc rink, Freetown Roy- ,15 versus Summersidc High School.

LFEED SOL-MIN mineral sup- piCIIl9Ili: to all live stock. Book Jrcicrs at Brat-efs.

LIIIZDEQIJE UNITED CHURCH (fHAll(iI-2. Services Sunday i-':-bi-nary Ilrd. Bcdeque ii A. M. Almiiiy 3 P. M. B0i'd8ii 7 P- M- Rev. W. Burton Crowe, B. A., Min- istcr

LOLEARY PASTOIIAI. (TIIAHGE. '1':v.:- L'iiitcd Church oii Canada. - Rev W. G. Dickson, B. A., Minister. 'r.he services for Suruiay, February bird. will be as follows:-Bloomfield at it A. M. Brnc at 2 P. M. West Deion at 3.30 P. M. O'l.cai'y at 'l.."4l P. M. Sunclay School at 10.30 A M. All welcome.

-il-TNDAMI-ZNTAI. BA I'TI S 'I' CHl'llCH. Central Bcdcque, Rev. 1). M. Fraser. Pastor. services for Siiriday. February .'iid. Central Bcclcquc l0-15 A. M. Borden .'i P.'M. Coniniiinion of Lord's Slipper at mnrniixg services. l-Jvcning scrviccs cancelled until further notice.

-NEW LONDON PRESBYTl2R- HS CHIJRCHES. - Services Sun- day, February 3rd. Geddie Memor- la. lion A. M. Long ltivcr 2.30 P. M. Cilii0Il 7.30 P. M. Rev. D. A. Campbell, Minister:

-KENSINGTON - BURLING- TON AND NEW LONDON Ang- i.can Churches. -ith Sunday after the f-ipiphaiiy. Sunday, February 3rd. 1952. Rev. E. W. B. Coupizind, B. A. Rector. St. Mark's. Kenslng- tor 10 A. M. Sunday School. ll AM. lioly Communion. St. 'I'hmins'. New London. 2.30 P. M. Evensoiig. St. Stephen's, Bufilililioll. 7.30 PM. Eicnsong. Rev. Robert Coup- iand. Rector. -

-BAPTIST Y. I'. 1'-The Misscs Luria Horne and Joanne Smith conducted the devotional exer- c.ses of the Y. P. U. of the Sum- merside Baptist Church on Wed- nesday evening in the Hall. A special feature was it debate on the theme "Resolved that men are better managers than women". will the affirmative supported by llitrs Shirley Poole and Mr. W. Smith and the negative by the 311!-vs Vessie Dawson and Beth Harper. The judges were Mr. and iilr.-. A.H.- Lamont and Mr. Horne. wiin handed the decision to the negative side. Refreshments were scrwixi after which badminton and volleyball were played. 5

-PRBSBYTEIIIAN Y.P.S.o-'I'he president. Mr. Lorne Moase, was :-i the chair for i-he regular nicot- in: of the Y. P5. of the Sum- marslde Presbyterian Church on Wecinesday evening and opened path the hymn. "Saviour, Now The Day Is Ending". Miss lrene Mountain was pianist. Prayer was offcrcd by Miss Katherine Clark and Min Phyllis White read the svfihflurc lesson. Following the Hiring of "Come Let Us Sing". M 55 Mary Rae Tanton gave the Meditation. During the business session an invitation was read from the Senior Baptist Y. P. U. far a game of badminton on Feb-

ruary 6th. The Mizpah Benedic- tion brought the meeting to a close. 5

Personals

Hilts: Phyllis MacPherson. of the staff of the Enman Drug Store, was A recent visitor to her home in Montague.

fThc many friends of Mrs. 101! Mouse will be pleased to Win she is gradually improving in health at her home in Sum-

merside. s -sThe many friends of Mrs. W. J Hfiwhit. Summersi-ie will re-

llret to learn that she is s. patient a the Prince County Hospital.

miiiiccent dinner guests of Mr. "M lira. Layton Jones, Mt. Picas- Da Mirllort. were Mr. and Mrs. Mfr: RacPherson. O'I.eai-y. Mr. and M .A onnie Cameron end daugh- md ml. Halifax. N. 8.. and Mr

Mrs. Turner Moore. Northern.

.S'side Curling

The f”"0Winl is the schedule

I” "18 Sitmmertide Curling Rink

for trial M. 1:00 p R '

l 1'- "T Mo::lmnH. E. Gaudet vs. William

M139 LR. Robinson vs. E. Can- I v."”:y3mW. MacDonald vs.

'1,” fg my -- ”' 1- rltlih Consuls

Sgt.

"9 1- Pitilh Consuls - Howett vs. Frank

Frank Weein. Representative. 68-2 Office IIIII on House.

-NOTICE. - Card Party, Darn- ley Hall, February lst.

-ICE CILISEPERS in stock at Braces.

-KENSINGTON - MALPEQUE AND FREETOWN Presbyterian Churohes. services Sunday. Febru- HFY 3rd. will be as follows:-Kern singion ll A. M. and 730 P. M. Mal-peque at 2.30 P. M. Rev. E. G. Evans will conduct the services. Rev. D. A. Campbell. Interim Mod- crator.

-IN HOSPITAL -Mr. Emesi R y a n, assistant manager at Steadmans in Sumnierside, is I

Patient in the Prince County Hos- pital. Mr. Ryan. who recently was transferred to Summerside from the Bathurst store, is a native oi Newcastle, N.B. His newly made friends in Summerside wish him a speedy recovery. S

-R()TAln' lilI'lETING --At this week's lunchcon meeting of the Summerside Rotary Club the spec- izil speaker was Mr. T. E. Hickey, C.A., who gave a most interesting talk to the members of the club on the social iind economic aspects of the United Nations. The meet- ing was presided over by club prcsldcnl, Ben Taylor. It was de- cided at this meeting to hold a talent scout night sometime in March in order to raise funds for service work being carried on .by the ciuh.- S.

- WIISTERN HOSPITAL BINGO A large number attended the bingo which was heid'at the Alber- ton Western Hospital on Wednes- day evening Jan. 30th. Although all were not fortunate in winning prizes they enjoyed the evening. A nice sum was realized they en- joycd the evening. A nice sum was realized for the benefit of the hos- pital. On the completion of the bingo the lottery tickets were drawn with the following winners- First prize. hand embroidered linen table cloth won by Brenton O'- Connor. Second prize - white linen inblecloth with six serviettes won by Mrs. Stephen M. Burke. Third prize applique linen runner. won by J.A. Macbougall. The drawing was done by Mrs. Winnie Morrison. - B.W. PRINCESS Mill Continued from page 1

i--........-..- . ,.L..L.; i-Nniroiii Airport tomorrow morn- iiniz i2:l5 a.m. EST) to spend two ,d.1,vs before going on to Sagann Lodge ricar Nyeri in the Mount Kenya foothills. Tile lodge was a wedding present to them iroin the hcnyn Government.

Leave Without Ceremony

Elizabeth and Philip left Lon- don without the ceremony that 'nwnits them in Nairobi. Few flags lflew at the airport. No band! played.

Wearing a three-quarter-length ,mink coat over a pale blue dress. lliliznhetli went into the plane with her husband followed by the iKinr:. Queen and Princess Mar- lcnrcl. Prime Minister Churcliiil Iwns nlso there to say his good- byes.

Before going down the steps

again the Quecn blew a last kiss to her daughter and Philip when they appeared together at the ,doorway. y Then the King and Queen nvniched from the flat roof of the frecepiion lounge until the gleam- ing sliver aircraft disappeared.

"MIC-IiEY"mlJACll0liiiLD

Continued froi-n page 1

scniln:

Melville Wilkie. 41. laborer of Shallow Lake, Ont., who set a fire in his house that burned his wife and child to death in Owen Sound. Ont., in 1933. He escaped from the Ontario Hospital for the Criminally insane at Pendan- guishene, Ont.. on July 14, 1950.

John Mallock. .16, Winnipeg salesman. wanted in Vancouver

George Michael Mallock. 37. Winnipeg carpenter, brother of John. wanted on the same. charge: as John. Both failed to appear for trial in January. 1951:

William Patrick Ryan, 82, of ll-England and New Zealnnd. de- 'acribcd as an international swind- lcr. He is wanted by Vancouver and Toronto police for horse-race bclling awindiea. He II accused of fraudulently obtaining 35000 at

5 for selling narcotics.

'-6' Toronto last April 4 and 310.500

at Vancouver last Oct. 11.

Edwin Alonzo Boyd. 31, Toronto iniiorcr. wanted by Toronto City Police for bank robbery and en- cnplng from Toronto Jail Nov. 4. 1951.

The man at ihe head of the list - McDonald--cut a wide crime awaii-i through Eastern Canada a few years ago with two compan- ions, Nick Minnelli and Ulysses Laiizon. McDonald II the only one of the trio still -unaccounted for. "iuzon was found shot to death A the southeastern United States. .lli Mlnelll was picked up in Los Angeles.

dii7'i-'s' ion. scum

GllNl:VA-fneutem-The Aus- tralian Red Cross has sent to the International Committee of the Red Cross here more than

Braille watches, for the war blind- ed of Finland and Poland. An- other M of the special watches

lisrc been sent to the Red

Korea.

Y's iieiir Original Caniala

The weekly meeting of the Summerside Y's Men's Club was held last evening at Robson's Restaurant with Ross Mlcxenzie as chairman. Guest: included Mr. William Ramsay. Mr. Edgar Cbn- non, PIO. Johnson and PIO. Rog- ers of the R. A. F.'

Jock Hopkirk, Art Rogers and Ralph Emery left. early to con- duct weekly movies at Prince County Hospital.

George Clark asked four volun- teers from the clulb or four local men who would be willing to conduct Boy Scout troops spons- ored by the club. These men would replace several R. A. F. chsps who have been working with the Boy Scouts up until their return recently to England.

Ross Maclcenzie reported on the Maritime convention and the committee offered I prize for the best suggestions for making the convention on outstanding suc- cess. .

Charles Linkletter and Ralph MaeFarlane reported the radio auction would be held on Wed- nesday. March 19th. over CJRW, and that Y's Frank Cameron and Jim Murphy had volunteered to be co-chairmen in 1953.

Arch Hopkins was appointed chairman of cntertainineiit and Art Rogers and Ron Jeffrey in charge of town canvas.

A very splendid recording was heard of an original cantata en- titled "Ode To Y'sdoni”. This was composed by a Y's Man and sung by a chorus of 250- voices for the

Abegycii-Chapter I.0.D.E. Meels

Yesterday afternoon at the lan-

uary meeting of the Abcgwclt Chapter I.O.D.E.. held in the Town Hall. Sumincrsidc. the i'nl-

iowing resolution was unanimous- ly passed: "The Abcgiveit Cliapter strongly approves of any action which the national executive shall see fit to take in regard to pro- testing the change in the name of our national holiday from Domin- ion Day to Canada Day. and to the elimination of dominion and royal from their proper and tra- ditional use."

The regent. Miss Vvanda ll',v:iti. who presided. will write the Fed- eral representative, Mr. J. Wat- son Much'aiiglit on Ilie snmc sub- jecf.

Mrs. E. T. Tanton ivns appoint- ed represcniniivc of the (lnnadinn Consumers Association for the Chapter.

Mrs. Wm. E. Forbes, education- al secretary. stated iiint Mrs. Dumont of Ciiarloiiclown was convciior of the Empire corres- pondence. Mrs. W. A. Currie. child and family welfare secre- iary. reported the placing of magazines in the T.0.D.E. room of the Prince County Hospital.

Nomination of officers for the ensuing year, followed, and the election will take place at the February meeting.--S.

CHURCHILL (iCV'T Continued. from page 1

Conservative changes in the tax- rupported health services.

Churchill and his ministers took the floor in the debate. They declared the government's pro- gram aimed at staying off na- tional bankruptcy and "re.stoi'ing the confidence of the world in the determinntion of this country to pay its way."

Churchill would have had to resign if the censure motion had carried. He was in the chamber when the vote was announced.

During the debate, Attire ad- mitted Britain's economic crisis is grave, but declared the Churchill regime was mixing "class legisla- tion" with belt-tightening meas- urea.

Attiee insisted there is need of "far greater co-operation in the

keel. He declared:

"Today the United States has an altogether disproportionate in- fluence upon the economic affairs of the world. due to her immense size."

Crlticsi Of Deals

Attleo criticized the Churchill Government's latest deals with the United States-such as the sale of British rubber stockpllcd -and asserted:

"Drawing on stocks is at best a very doubtful expedient when part of our troubles are due to American stockpiling. Very large- ly, American stockpiling rocketed prices against us."

Loudest cheers came from the Labor benches when Attlee lash- ed out at the Conservatives for imposing fees for medical ser- viaceii the Labor Government gave without charge and for new restrictions on instalment plan buying.

Attlee charged these measures were class legislation "favoring the wealthy against the less weal- thy." g

IMBABRASSING NA-MES

BRISBANE. Australia-(Reuters) -Residents of Queer street have petitioned the city Council cabin: that t e street name be changed in GI rs street. It's been known so Queer street for years in sub- urban Bordon.

DIITBPIAOI or CRICKET Esmblsdon in He hire. Eng- land, where cricket was played on

furly Is 1750. is known so the

cradle of modern cricket,

world" to put Britain on an even,

Soiieino In General Continued from page 1

4. is it within the jurisdiction and competence of the Prince Ed- ward Island Marketing Board to make the Orders made under the said scheme or any of the order; so made?

Question 4.

Answer: As to Board Order Number 5 (2), (producer's levy), and the now-repealed Board Or- der Number 2 (levy).-”No”. As to the Board Orders in general,- "N0. Iuibiect to,t.he proviso set out in the answer to Question 3."

Justice Tweed)": Judgment

Mr. Justice Tweedy went at considerable length into the case of Attorney-General of Nova Scotia et al v. Attorney-General of Canada et al (1960) 4 D.L.R. p. 369. He based his opinion largely on the reasoning in that case which held that neither the Parliament of Canada nor the Legislature of any Province can delegate legislative authority to the other but that each must ex- ercise the powers it received un- der the RNA. Act.

Mr. Justice Tweedy differenti- ated the "Hodge", "Chemlcals"' and "Russel" cases as either deal- ing with local matters on the one hand or exercising emergency powers on the other.

"The case at Bar, however. is an entirely different one, and one which in my opinion should not be confused with the Hodge case.

I do not know that it would be of any further assistance to refer individually to the many inter- esting cases submitted to us.1 Having considered the cases, andi

C9"i9""i31 Y-Mic-A mid 'Y-'5ihai-int: listened to the very ablci M97” l'9"V9'"i"" mm i" C19””'and helpful ai'giiinenl.s of conn-; 13"dv Chic" 13” -"M3 "i which i sci, I have come to the coiiclusloni time the Summcrside club WR5'that Qu(.s,mn NO. 1 ougm to be; ”P”'5""'9d by Cimrics Li"ki”'laiisii'eiied in the negative. Were. i"' S"I to hold otherwise. the wliolci

scheme of the Canadzan Consti-i

tution, as I understand it. would; be entirely defeated.

it seems inconceivainle that it should be iiccessa:-3.-, der sections 01 and 92 of British North America Act whiclii uses the word ”cxcliisive" in bothi sections. to have to resort to such; an elusive way of legislating with regard to the trading: in and sale: of an ex-portable product. I feel the Pariininent oi Canada.i through its elected rcprcscntat-l ivcs. ought to be in a position to! acquaint its master. the people, with the exact nature of the leg- islation; what it is proposed to do. what tax, levy or servicer ch.-irge is to be made and much! other information which the' people have a right. to know. ought to have some say in the: appointment, control and line of these people who are

to me, no-i .'I'hei

I f w e re

this method of licld

i3giSli'llI0ll

then I

valid. every an equal right to enact legislation and set up similar schcmes and Boards dealing with

only be chaos.

Similarly, the people of this Province, or of any other Pro- the legislation

exact nature of

if there is to be a tax, tion of the nature and amount of same should be disclosed.

In view of the fact that I have answered Question No. 1 iii the

ccssary to answer Question No.2. Considering now Question No. which reads as follows: ”3. Is it within the jurisdiction and competence of the Lieuten- ant.-Governor-in-Councii to tabiish the said Scheme. and in particular section 18 thereof'."' This is a question similar to ilie one which was referred to the Supreme Court in banco of this Province for heaiing and consid- eriition on the 5th day of May 1941, in the proposed orders and determinations of the Sheep and Swine Mnrketinil Board case. I have had the privilege of read- ing the opinions of Saunders, J., and Arscnault. J., which were filed on the 30th day of July l94lj in file No. 4619 of this Court.- Mr. Justice Tweedy went on to cite the rcasonirig of Arsenault J. and Saunders J. to the effect that "If the pith and substance of' such legislation was confined to transactions within the Provincei then such legislation would be,

3.

affected matters outside its pro-- per field. Otherwise such legis- lation would be ultra vires." ,

With the exception of Seetion' I9 of the Scheme which is clearly ultra vires. the Scborne in so far as it regulates or is intended to! regulate transactions of a locali or private nature and is limiicdv to those transactions having iheiri beginning and end within that Provlnce. in not ol5jectionablc.i Otherwise the Scheme would be invalid.

Chief Justice Campbell

Chief Justice Thane A. Camp- bell and Mr. Justice M. R. Mac- Griigan concurred in the opliion of Mr. Justice Tweedy. The Chief Justice added, not ruling out the theoretical possibility of Domin- ion and Province validly appoint- ing and authorizing the same body which would be responsible to each, that.

"The background and substance of this Reference are fully set out in the Note of Mr. Justice Tweedy. whom i have asked to read the first opinion. and with whose conclusions I agree. '

"The focal question for decision iii whether the Parliament of Canada. acting through tlieuaoy-, ernor in Council, can confer Jur- ildictlon to regulate inlerprovln- clot and exporthlrade upon a board or agency constituted by

diseip-ins Parliament's own

given such dictatorial powers. i

Province in Canada would liave.W”10ihe siiniiriri,

export trade, and the result could,

vince, have a right to know the,

service charge. then some indica-j

negative, I presume it is not new

es- I

authority of I Provincial Legis- iature.

"The limits of that issue one narrowed, or It least clarified, by two fairly recent decision; of the Supreme Court. of Canada.

loin Reference re Regulations (Chemicals) under the War Meas- ures Act. (1943) 1 D.L.R. 248. it was made clear that Parliament can, in appropriate cases. exer- cise its legislative function: through orders and regulations of the Governor - in - Council, and that such orders and regulations may, by virtue of further delega- tion, or 'devolul.ion'. be validly enacted by a subordinate agency of the Governor-in-Council.

"In A. G. Nova. Scotia vs. A.G. Canada (1960) 4 D.L.R. 369, it was made clear that neither can the Parliament of Canada give, either expressly or implicitly, to a. Provincial legislature, I power which the British North America Act does not give it,-nor vice versa.

"Both Kerwin, J., (p. 3'13) and Taschensau, J., p p. 377) cite with approval the remark of Lord Watson in CPR. vs. Notre Dame de Bonsecours (1399 A.C. 361 (the words cited are not copula- ed in the Law Reports. but are set forth in Lefroy's 'Canadian Constitutionh-1013, p70: "The Dominion cannot give jurisdiction or leave jurisdic-t.ion, with the Province. The Provincial Parlia- ment cannot give legislative jur- isdiction to the Dominion Parlia- ment. If they have it, either one or the other of them, they have it by virtue of the Act of 1867. I t ink we must get rid of the idea that either one or the other can enlarge the jurisdiction of the otlier or siirrendcr jurisdiction”. To which Lord Davey adds: for curta:l.' ”

Counsel for the Nominal Plain- tiff in the present case urged that the effect of the latter Su- preme Court judgment was lim- itcd to its immediate decision. and that. although Parliament cannot delegate its exclusive pow- ers to a Provincial Legislature, there is nothing to prevent Par-

liament from delegating those powers to an appointee of that I Provincial Legislature, without

surrendering or abandoning its own legislative jurisdiction.

Arguabie Paint

it is. of course, arguable that the mere fact of nomination or appointment by a Provincial Leg- islature might not render a -board or officer incompetent to receive a devolution of Dominion legislative power, if Parliament (either directly or through the Governor-in-Council) knew the