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13,1953 V ',..

ma wasting GUARDIAN

IIINOI COUNT! 017103 unntsrlldl.

4- umuusu-c. JIM

.l'bonolIll.

V verttltng lopeaentuivl "3030: chow and ozone: worron "louse Phones: 0083 and III. ,

iths0Iard.lann:I!boboughI'atanyostho 1 v ' stores in Burnnsenldot Street; Gourllos Drugstore. 31 Central Mutt:

. aootutm. IIIIIII

. s News-oh”. Water Street; on -. (M5611.

water

mtg; Second Street; Motor 3uoet;"VII6t'l Grocery. tzo Buseell Street; Bantam Drug lion; Fred's Grocery, Convent lhoot

Mark Count. II Granville lholtq Illllld loll-

Ll. Walk In Kenatngton. WIIT PIHNOI OFFIOI x Alboslont lronk Weeks, llepnuuuun.

Phone: 00-! Office and 60-: louse.

.oom: to i... nsnso. some

, M, November lath. at it P. M. ... prizes. Admission 25 cents.

.-GRINDING WllEAT' every day. ggdeque Flour Mills. Central

aedeque. P. E. I. I

..luz;oULAn MONTHLY MEET- ING of Borden Branch Canadian Legion will be held Friday, Novem- ber lath, at 8 P. M-

DNORTH BEDEQUE United hurl,-h Sunday services. Free- town 11:00 a.m.; Travellers Rest :30 p.m., North Bedeque 7:30 p. m, Rev. J. K. Campbell, minister.

DMARGATE PASTORAL CMRGE of the United Church of canada. Services Sunday. Novem- ber 15th. New London l0 A. M. giargate ll.30 A. M. Long River 7.30 p, M. Rev. 5. H. llaslam, B. D., minister.

-SUMlIERSIDE CHURCH of Christ Sunday services. Bible school 10 a.m., morning service 11 am. Special speaker Mr. G. A. Jeffery who delivers r. message on the occasion of his 93rd birth- day, Evening service 7 p.m. W. O. Weale, minister.

-CENTRAL BED QUE Funds- melllltl Baptist Ch Sunday Central Bedeque, 1045,

service: "line Devils Christians": 7.30, "Corie But Not Forgotten". Bor-

den: 2.00 o'clock, Sunday School; :00 o'clock. "Can A Man Be Jus- tified with God". Rev. Earl Smith, minister.

-51-:DEQUE UNITED CHURCH MSTORAL CHARGE. - Services for Sunday. November 15th. 11 A.M. st Bedeque; 8 P. M. at Borden; 7.10 P. M. at Albany. On Novem- ber 22nd, Borden will celebrate the 3rd anniversary of the present church. The Bonshaw Male Quartet and the Tryon-Crapaud Male Choir will provide special music. Minister, Rev. Geo. K. Ward, B. A., B. D.

-POLICE COURT - In Sum- inerside Police Court yesterday morning one drunk with previous convictions was fined s50 and costs or thirty days. Another drunk was fined 023.50, including costs. Two young men from Summerslde were convicted of joy riding and each was fined :50 and costs or thirty days in jail. They were involved in the disappearance of a light truck

driven by a Portage woman on Monday evening. The truck was later recovered.

-.-S.

-03:11 BIRTHDAY - Good wishes are being extended to Mr. John J. Arsenault of Summerslde who today celebrates his 93rd birthday. Mr. Arscnauit. takes great pleasure in reading the Bible, and the daily newspaper. He also enjoys good health. This grand old gentleman resides with his daughter, Mrs. Harry Arsen-

nult on Sheen Street. Another daughter, Bella, Mrs. Camille Arxenault, lives at Minto, N.B.

His two sons are Cyrus in Sum- merslde. and Anthony, in Toron- to.-S. .

-MINISTERIAL ASSOC. MEET -The East Prince Ministerial As- notation met for their monthly meeting on Tuesday morning in the United Baptist Hall. Summer-

slde. President Rev. Ken Camp- bell, was in the chair. Rev. C. Ward of Bedsquc led in a helpful devotion service. and title Rev. Al- exander MacKay gave a thought- ful paper entitled "The Minister's Prayer Life". The meeting voted to approach the West Prince Min- isier Association in the matter of shariru in the morning devo- tional broadcasts during the sum- mer months. The meeting closed with prayer.

Allterton And . noun

Mrs. Garth Mcllrwen, Alberton. has entered the Western Hospital for surgical treatment.

Aiberton Film Counc'l has just announced that the fim, "Canada At The Corontoation" will be in Alberton and vicinity next week. This production of the National Film Board in new technicolor is "mrely different from the theatre Version and stresses the part play- ed by Canada at the coronation. It allows the procession, scenes inside Westminster Abbey etc. The film. which is fifty minutes in length, Will be shown at Mill River on Yffmdly. Montrose on Tuesday. ulscumpec on Wednesday. Elms-

Jllt on Friday and in Alberton Women's Institute all on Friday. 1 has been plann thatlat the

"idly showing a silver collection ""1 be taken and the proceeds liven to Alberton Public Library.

On the occasion of their annual "Mung members of the Alberton 0men's Institute assembled at the "M of Mrs. c. H. Weeks for a Why dimer to which Mr. Henry Club. proprietor of Hillside Restaurant-icatored. As the ladies "-Iembled ,&ilsno music was fur- "heri by Mrs. Myrtle Miller. All Mlled in the Otis and Creed before ""3310! O! the good things pro- "dtd. The birthday cake was cut. Mrs. H. J. Larkin. honorary Ruidentimtsr dinner the b lness "Wine warhold and all oined A lint-sons. the h hlightof the gfnlnu unto wit it re. mo Cor- oflt showed beau colored films mailer recent one to the Sritllh

-COME TO the bingo, Bo:-dual. Friday, Nov. lath at 8 pm. Good prizes. Admission 26c.

-can-1-ass. asnnqus rmrrsn asr--rx 51' cnuacn Services. 11 A. M. Sunday School 10.15 A. M. Rev. C. A. Britten, Minister.

-KENSINGTON - MALPEQUE AND FBEETOWN Presbytcriari Churches. There will be service in Kensington at 8.00 P. M. Mr. Don- ald MacLean of Tyne Valley will be guest preacher. Rev. Donald A. Campbell, Interim-Moderator.

-PANTRY SALE and Bazbar at Keir Clark's Store, Kensington. on Saturday evening, November 14th. at 8 o'clock. Sponsored by Mar- gatc W. I. '

-NEW LONDON PBESBYTEB- IAN CHURCHES. - Services, sun. day. November 15th. Long luver 1l.00 A. M. Clifton 2.30 P. M. Ced- die Memorial 1.30 P. M. The Rev. Carl Currie of Murray Harbor ,Nortl1 will be guest, preacher. Rev. Donald A. Campbell, Minister.

Personals

-The friends of Mrs. Patrick Clarkin of Peakes Road, who is a patient, in City Hospital, wish her a speedy recovery.

-Mrs. M. E. Morrissey, who has resided in Charlottetown for the past couple of months, is at present the guest of Mrs. J. G. MacQuaid of Kensington.-S.'

..'Mrs. Bert MacDonald. Mont- ague. has returned home from an enjoyable three weeks visit to Bos- ton, saint John and Montreal. While in Boston she was the guest of Mr. and Mrs. T. Fitzglbbons.

Marketing lioard

Continued from page 1 ,

MT of the crop after oetobex. 1' 1953' unless a license had been pro. cured by the producer, He said that the informat must establish that the appellant had sold potatoes 'after that date and mntcndad that no sales subsequent to that date had been proven against Mr, Aitken. He told the Court it was Only shown on the evidence of an inspector that potatoes had been delivered to cars andtsaid in this Province it was customary for farmers to sell their pets o crop far in advance of shippin dates, His contention was that the mere fact of delivery was not absolute evidence of a sale at that pqmcu-

lar time. Mr. Stewart spoke on constitu- tional grounds and 'sald the

scheme established under the Mar- keting Board Act was in restrain of trade and commerce and this WW9? 10 Nzuiate lies only with the Parliament of Oanada. His argument centred around the au- thority of the B08Yd'tD regulate only within the confines of this Pm- Vince.

He stated that the Lieutennnt, Governor-in-Council cannot dele- gate powers than he himself has under the Act. He oded that the substance of legislation must: be within certain powers and asked the purpose of such an Act when between 90 and too per cent of the potato crop was produced for export. since only an lnf' t mul part of the crop was con. sumed in Prince lzklward Island he asked why the Board under the wording of the Act should he go cioncerned with increased produc- ton.

He insisted that the entire mat- ter was slmply an attempt to gel- ulate trade and commerce, a pow- er confined solely to the Federal authorities. Regarding the Act it. 8911. he asked the true nature and power of the legislation and quoted cases indicating that it could be effective Only within the borders of the Province.

Mr. Stewart said the fee chang- ed producers had no regulations attached and while it might be 875 one year it could also be 0500 another year. This. he said. would nroduce R tendency on the part of the producer to pass the cost a- long to the consumer and there- by result in indirect taxation,

Mr. MacQuaid said that at the time of the original Order the appellant, under Section I of the scheme, could not be required to secure a license if the potatoes were grown for export and that previous to the re-enactment of the Order the Board'had no such authority.

Wfllll Cue Cited

Quoting from the Wiuls case he said that the decision handed down by the Chief Justice noted that P.C. 5160 did not give all authority and a license could only apply to production for sale with- in tho Province. There was no evidence thst any of the appel- lant's potatoes were grown for any other purpose than export. Mr. McQuaid insisted that if the ap- pellant were growing potatoes for export in 1952 he was perfectly within his rights to do so without a license.

Following the luncheon ad.iourn- msnt. which was shortened at the request of counsel for the appel- lants who said that they had long drives to make when the Court rose, Mr. McQuald took an excep- tion to the lnformstionrbeing laid in the name of Donald A. Mac- Donv.ld- as ohalrinan of the Potato Marketing l!oard,insfAed of in the name of the Queen. .

Mr. McPhoe could not set thtt it made on! match! 44l""r”

Let's Talk It Over,

hI'I'

u 1m-o

Even uncut those who feel that nil lllldy of Latin in not onen- tlal for all high school ' .

. GUARDIAN...CHARLOTT,ETOW'N

Snort Echoes From Prince county

nobody questions the value of a knowledge of Latin derivatives. MIIIY fool, however. that it is not necessary to study the lan- guage thoroughly enough to write. read. and speak it to gain lufficlont mastery of those do- rlvetlvos to give us a working knowledge of the Latin that lies behind our E.lIIlllh tongue. 0 0

Charles Lamb's amusing essay entitled "Roast Pig" pretends to be a translation of a Chinese mantuscript explaining how mum discovered the joys of eating roast pork. A young boy. while his father was absent, accidental- ly burned down their home where the pigs had lived with the family. Searching among the ruins, the boy burned his fingers touching one of the searched porkers, and putting his fingers to his mouth in his booby fashion. he became the first person in the world to taste roast pork. (Be- fore that time they had eaten their pigs raw). So the neighbors started burning their homes down with the pigs inside. It took them many years to discover that roast pork could be obtained without the necessity of consum- ing a whole house to dress it.

o e .

The story has no foundation in fact, of course, but it is possible that the pro-Latinists are in the same boat as these ancient Chin- Jae who burned their homes to produce roast pork. Delving into the story behind our English words is indeed a fascinating pursuit, but it can be done with- out studying Latin as lt ls stud- ied in the schools. As for learn- lng to speak, read and write Eng- iiish, there is no suitable substi- tute for the business of speaking. reading and writing English, un- der proper guidance, and with unremitting industry.

whose name the infctrmations were laid.

In dealing with the arguments of appellants” counsel of insuffic- iency of evidence regarding the sale of potatoes he admitted there was no direct evidence and in ref- erence to the contracts of farmers for sale in advance he maintained that this did not constitute a sale. simply an agreement. He said the producer might later break this contract and sell to someone else.

He agreed that some farmers might sell in the summer. but thought that in most cases sales were made at or about the time of delivery. He stated that when potatoes were put in a. car for shipment -outside the Province there is an "inescapable inference" that a sale has been made.

. Sphereu of Authority

ding the gulf between Fed- eral and Provincial spheres of authority he called it "a no man's land. of legislation". He stated that when a Legislature creates a Board and gives it certain powers the Dominion may pas comple- mentary legislation and when the Act under argument was passed undoubtedly the Dominion was looking towards the Province and the Province was looking to Do- minion legislation.

Regarding the powers under the scheme to license dealers he asked if that had been declared valid by the supreme Court of Canada how can the licensing of producers be said to be invalid.

Regarding the argument relating to restraint of trade and corn- merrce he felt that it was "thresh- ing old straw" as it had been many times argued and there was Federal authority to cover.

Mr. Justice Mwouigan inter- posed a remark to the effect that the order calling for en' licenses could not be made retro- active. Mr. McPhee said that such was not the case because a man did not cease to be a producer simply because his crop had been harvested before September 16.

x uttouary Measure

He said t.hat'l'lvc judges of the Supreme Court of Canada had

be valid and stated that reenact- ment of Board Order 0 as Order 1'1 was not necessary, to him it was simply a precautionary meas- ure.

Mr. Stewart stated that prior to the original order there had been no delegation from the Federal Government to the ProvincialGov- eminent. Mr. McPhee said that in effect the appellants were ask- ing the Court to overrule the Su- preme Cola-t of Canada. Mr. Stew- art replicd that such was not the cue. it was lust. that the applica- tion of the authority was beating the idea expressed by the Supreme Court.

Mr. Justice Macduigan inquired as to when the sales under review had actually been made as this knowledge would greatly aid in reaching a decision.

Mr. MoP'hee told him that in these cases it was always difficult to obtain such information as some dealers were opposed to the scheme and therefore might not be inclined to help. Mr. McQua.ld said that this should have been established before the present stage of the case had been reached and not brought into the matter when they were about to conclude.

Justice Mocouigan said he would like to have this information. but

was the intcttioa to cell the sp- pellant the Judge replied that it was not as he not have to prove anything.

Mr. Morhes felt that the mat- ter was proven by shipping dates. but said he would be glad to at-

the Court desired. The iuchc stated that the facts were not clear and he would therefore ad- journ bho cue for one week to permit obtai ' the needed infur- matlon. "

The case will resume Thursday. Novembuj '-

found Section 10 of the scheme to in

when asked by Mr. Stewart if if

tempt to get additional evidence it ,

The Summerdido Trotting Asso- clstion is giving also children of Summerslde schools a chance to name their new ice arena which is in process of erection. The fifty dollars which will beglven to the lucky winner will certainly come in handy during the 0-” isunu aeason.anditw-tllabobequitosn honor that will stay with than through the years if the name they choose is accepted by the Auoclntion as the name under which the new rink will hence- forth be known.

0 O 0

Bucko 'lVra.inotr is making a gel- lant effort to build up the Islami- ers to the point where they will be able to hold their own with the leading clubs in the Big Four, and we think his warts should receive more encouragement than he is at present getting. Trairior has had tough luck in his dealings wit players from Central Canada. c has had a lot of disappointments after having every right to feel that the boys he had diickescd with would join the club. The brand of hockey dished out this year in the M.M.H.L. is as good as, if not better. than previous years. and if the Islanders can get two or three more top-notch players, especially one or two defer oemen, they should be right. up there with the leaders. Then we'll all see some of the best hockey that's ever heen' played in the Forum.

0 O 0

If tlhe fans let (the team and Bucko down now, however, it is probable that the Islanders will have to fold, and the Island fans will have to get along without the brand of hockey they have been entloying the last three years. Oh, ya, we can stay homo now. and say we'll take in some later games when things really get exciting, but if the opportunity is no longer there. it's a better than even bet there'll be a. lot of Island fans who will miss it like all get out. Which will it be, fans? It's strictly up to you.

1 U 0

Looks as if the football season is over as far as the Summerslde H-igih team is concerned. We un- derstand that there was to be an interscholastzic series. but nothing has been said of late about that. That long stretch of wet weather seems to have put out the fire of enthusiasm for football in these parts.

0 C 0

It looks now as if basketball for men in Summerslde will be a clean issue. Sohurma.n's have decided not to have a team. Perhaps the High School boys will organize a team this year. For the last two years they didn't start to show any enthusiasm for the game until the latter part of March. The Rirls have them beaten to a fraz- zle when it comes to pep, vim and vigor in the realm of basketbkalL

I O Leary and V0 I o ' Iclnlfy -Mr. Alfx-ed.:alr.ner of O'Leary went to Amherst on Saturday to brink home a truck load of cattle

for his brother, Mr. Hamid Palmer in Kensington.

Mr. and Mrs. Wallace Bryanton and their four boys, Charlotte. town, were visitors to the home of Mr. and Mrs. Wesley Gallant in O'Leary. and they also visited with Mr. and Mrs. Dave Mac- Nevln in Milo, over the week-end.

Miss Helen Hardy who is going to business college in Charlotte- town. spent Ithe week-end with her parents in Mill Road.

Mrs. Jennie Smallman of O'Leary, has gone to Dunblanc where she will spend some time with her daughter, Mrs. Leslie MacLean and Mr. MacLean.

Donnie Ellis, O'Leary, was a visitor to Amherst on Saturday. returning home on Sunday morn- g.

The many friends of Miss Ruby Craswell, Bloomfield, are sorry to hear that she is ill at her home All hope for a speedy recovery.

Mrs. Jack MacDonald of Saint John. N.B., was a visitor to the Western part of the Island re- cently when she visited her daughter Diane.

Mrs. Bruce Carruthers, Howlan. accompanied by her sister. Mrs. Margaret Dumville of O'Leary. were visitors to Rt.-id's Corner recently, guests of Mr. and Mrs. Francis MacQuarrls and family.

Mr. and Mrs. Everett Rix and family of Dartmouth, N.S.. spent a few days with Mrs. Rlx's par- ents. Mr. and Mrs. Harry Arblng in Woodstock.

Mr. Bruce Can-uthers and his daughter-In-law are making a visit to the Unltedpstates.

Mr. and Mrs. Jack Maclfonzle have returned to their home in Springfield West, after spending the summer gnonths in Frederic- ton, where they were employed.

The many friends of Mr. Scott Currie are glad to see him home again after being a patient in the Prince County Hospital receiving treatment. -

Mrs. Erland Miller has gone to Boston, whlro the will visit with relatives and friends for a month or so.

Mr. and Mrs. Everett MacDoug- all and family of Vernon, spent the weekend In O'Leary, guests of Mr. MacDcugall'I parents, Mr. and Mrs. Edward Macbougall.

Word has been received by Mr. and Mrs. Fulton Cooke.-that their

0 , udautbtar

Myrna. who enlisted

Hear Evidence In Death Of Tignish lab

-A coroner's jury empanoiled by Dr. Wllfrod Callaghan, coroner. met in the Town Hall. Summer- slde, last evening to hear evidence bearing on the death of Joseph Arsenauit of Tignish. who died in the Prince County Hospital on August 10th. The deceased had been found on the Griffin Road. near Tlgndsh; on the night of Aug- ust lotih in an unconscious con- dition and had not regained con- sciousn before he died.

Mr. Donald Stewart, Q.C., acted as crown prosecutor in the inter- rogation of the witnesses.

The mat witness heard was Dr. J. P. Kelly of Albertcn who had attended the deceased on the night of August liith before he had been removed co the Prince County Hospital. He said he had been called to the Western Hospital and found the patient unconscious. A general inspection of the body showed no external bruises but the tongue was swollen and there was blood in the mouth. He be- lieved that the injuries he found could have been caused by the deceased coming in contact with some heavy object. He said he thought he detected the odor of liquor on his breath but could not state so definitely.