l‘ ‘is,

NQXEMBER 1. 1941

Jerri’: n.v.r.n. a ilifieiaimasntatlon lileekly Meeting 0i lladlo Equipment lTo Gity Schools

compared to the confused pro- mmn or spooks, witches, and "ladies" with suspiciously masoui- 1 we voices. W110 090F196 5h P101’! l The official presentation of radio ._l_vl>.a. party last week, the res- _ equipment, recently installed in funnnieetinc in the Perish Hen , the four city schools by the Kins- ‘ ;Wednesdlly. NW- "h: ""1194 I men Club, took place at a dinner quiet Indeed. imeetlng held at the Charlottetown yresidcnt Betty Beer belns in Hotel last night. Chairman of the beret. vlee-r-eeldent Mollie meeting was Mr. Walthen Gaudet l5 presided over the openlns , and oo-chsirman Dr. Prank Mac- ers. Then, came business dlscus- 4 3,1111.“

Central Guardian ~

This column is reesrvel for news of local interest, but advertising of a newsy nature may he inserted at five eents a word strictly pag- able in advance. . .

smissuvsnaxa. Phone at. CILAUWELL for Photographs.

IIOWAKD McINNlS’ Fitted Footwear at no Queen Street

acting Master of the Rolls, writ-

___..

COOKS for _ Christmas Photo- nage involving a disputed right of gmpm- ' stay. Ts; lplartties ti: the suit were. T‘? amcs e n3 on attcrson, com- sgggsggifilflo". “F. m‘ nainant, and Reach Bagnall, de-

fendant. ‘

In the Court of Chancery yester- day before Mr. Justice 0.15. Tweedy,

ten iudsment refusing an injunc- W tlon was given in an interesting e

mp5, revolving about various ways mg moans for sundry projects, mum too lensthy for this report.- Following this, the new treasdrer. Eleanor Clapp. swung into action, and when last seen was busily raking in dues with one hand while hriting cheques with the other!

Thl- main program of the even- ,“ was planned around a Work rnghl, but due to circumstances iirlTlilrl control, the project of re- pnrlnc hymn and prayer books had lo be postponed, until next month, There is not an inoh of hook binding material to be found in town.

with no work to be done. the l members consoled themselves with pencil arid paper games. _

Coffee and sandwiches were yer-red and an impromptu sing- _.,mg_ with Stirling" Walker offici-

flEHQ at the piano. ended the ev--

cliinit.

Cardinal Meituigan To Leave For iionie

‘ROME, Nov. e-(AP) - James Cardinal McGuigan, Archbishop of Toronto, said today he plans to leave Sunday to return to Canada

and asked that assurance be con--

iq-eu to Canadians anxious about ins rendition that he is in good health.

The cardinal asid the Assoc- -iated Press he is feeling well ‘after Vin attack of influenza which he himself described as "only a bad cold.“

The affable Canadian prelate taxi he had received scores of

ltlcgranls from all parts of Can- ada ailxious about his condition.

The Cardinal was interviewed as hestood in the garden of the

Canadian Convent where he has hccn staying since Oct. l! when he arrlvcd to report to the Pope on the recent Marian Congress in Ottawa.

cirioucs PRESS

Mi‘. L.W. Shaw. director of educa- tion, members of the City School Board and Principals of the schools were guests of the Club.

Guest speaker was D. B. Lusty, CBC Producer, Maritime School Broadcasts Halifax.

The presentation, made by Mr. riaudet. was received on behalf of the school Board by Dr. W. J. P. MacMillen who spoke of the good ‘work of the Club and extended thanks for the splendid gift to- wards educational progress.

Mr. Lusty gave an interesting

‘address on the planning and use of radio in the school curriculum and told of what progress is being made in this new field.

Mr. L W. shew and Lt.-Col. MacDonald spoke briefly and com- plimented the Club on its splen- cld community achievements.

President Keith MacKlnnon pre- sented plaques inscribed "Present- ed by Charlottetown Kinsmen Club" to the Principals of the schools to be affixed to the equip- ment.

THE PROGRESSIVE CONSER- VATIVE Meeling, East Royalty Poll, McLure BldgqJ-‘rldny, Nov. 7th. s P. M. Borden Myers. Chair- man.

WORK PROGRESSING WELL- It was reported last night by thc Mflféhlillfi Electric Co. Ltd.. that wort is progressing well at the local power plant. They expressed their hopes that everything will be under normal wdrking conditions by Saturday, as was anticipated from the beginning. providing no unforseen circumstances arise.

FIRE CALMALy firemen were called out about 4:20 yesterday afternoon to extinguish a small roof fire at the Hall and Stavert/s Foundry on Elm Avenue. Only slight damage was paused to the roof before local firemen had the blaze under control. '

i I

‘CITY POLICE COURT -— At the Stlpendlary Magistrate's Court yesterday a man charged with speeding was fined $10 and costs or 20 days, while a drunk and incapable was fined $5 and costs or 10 days. A case under the in- come fwar tax act was further heard and adjourned until today.

5r. iauiiriir

(Continued from Page 1)

871,150,000. To ‘this deficit of $6,- 9fl.000 would be added a transit- ional grant of $3,500,000 and ap-

proximately s3,000,00fi for the

serving of the Newfoundland debt.

Mr, St. Laurent did not indicate how this deficit of $15,465,000 would be written off,

I-Ie said the transitional grant was offered to facilitate the ad- justment of Newfoundland to the status of a province and the devel- opment by Newfoundland of rev- ? enue-preduclng services. The

grant would be paid for 12 years

with the rate being $3,500,000 dur- ling the first three years and tap- ering off thereafter at the rate of $150,000 annually.

- Should Newfoundland agree to vacate the income, corporation and inheritance tax fields, the Cana-

'dian Government would pay in re- turn a subsidy of $8,200,000. Includ ed in this would be a special statutory subsidy of $1,100,000 which would parallel the special

LIBERAL ASSOCIATION MEETING-Mr. Picton R. McCor- mack, Charlottetown, was elected president of the Queens County Liberal Association at the annual meeting of the organization last night. Mr. Stewart Ross,‘ Belle River, was elected vice resident. The retiring president, r. Lauch- lin MacKlnnon. who presided was recently nominated as a Liberal candidate in the Second District "if Queens. The meeting passed reso- lutions lndorslng the leadership of Prime Minister Mackenzie King and Premier Jones, and requesting the Dominion Government. through the FederaLMlnister of Agricul- ture, to take immediate action to compensate farmers for their in- creased‘ feed costs.

The Judgment reads ln part as follows;

seeks rclicf and prays:

"l. That it may .be declared and riqcreed that the complainant is entitled to a right of way from the land owned and occupied by l.ini containing about 69 acres, over the way across the mllldam and over the roadway extending from the said mill-dam to Ronnie's Road, and back over the said way to the complainant's said land. for the complalnantand his servants and

carriages. motor vehicles and‘ other conveyances at all times and for all purposes in connection with the complainant‘; use of his said land for farming end residential pur- poses;

“2. That the defendant, his ser- vants, agents and workmen be rc- strained from placing or alto-wing to be placed on the said way any- thing substantially restricting, pre- venting ol- otherwise interfering with the reasonable enjoyment cf the said way by the complainant, his servants and licensees on foot and with hprses, carriages, motor vehicles and other conveyances at

connection with the complainant's said use of his said land.

"3. That the defendant be order- ed to pay the costs of this suit.

the nature of this case may re- quire.

Case History Reviewed

"The complainants grandfather, and predecessor in title, ‘James Patterson, was seized in fee of a- bout 113 acres of land on Town- silip Number 23 in Queens County. Also included were certain rights

Hunter River for propelling mach- inery and for mill purposes.

"A dam and roadway were con- structed by James Pattereon across IIunter River connecting the farm buildings of the said James Pot- tersoh with the Ronnie's Road, the

"Iil this action the complainant

licensees, on foot and with horses“

all times and for all purposes id,

to pen b‘; k and raise the water of‘

subsidies of about the same amount now paid annually to each of thc Maritime Provinces.

This special subsidy has been

lconiinued from Page 1)

siiricd.

island Nurse

"oadway across the dam being coil- ttnued as s driveway.

“About the same tmie the said James Patterson constructed a mill-

. Decorated

> Under ihe Ecclesiastical Titles ‘Act of i871, Catholics are permit- ted lu present an address only if iilvy comply wiih the regulations hf lhc HOMO Office,

“fills disability, casting n stig-

,.hi.-i on the Catholic body, is en'- ‘forcr-rl nn a variety of state oc- casions and times o! national re- joicing," the Universe said.

iii 1035. the hierarchy attempted ie' prcscnt an address to King Genrgr- V on his‘ sliver jubllac. ‘flicj, Hllllfid it with their territor-

pald to the three Maritime Prov- inces sinoe special Royal Commis- sions reported separately on the financial economy of Prince -Ed- ward Island, Nova Scotla and New Brunswick about 20 years ago. Newfoundland would b0 allowed to retain the $.32,000.000 surplus built up during the war years, pro- viding a thifii of the amount-is set aside to meet possible deficits dur- ing the first eight years of union. At the end of eight ycars the ls- land‘; financial resources would be ‘reviewed by a. Royal Corrinissicn.

I‘

Q is

Bessie Mac-Kamila, REL. will delighted to hear-

she received the Order of the Royal lted Cross at an Invcstiture held

Toronto when the Governor Gen-

WOmCII.

s .

Friends! and

Miss

be of the recent .ollor conferred upon her. when

relatives of

ecently at Convocation l-iall in

ral. Viscount Alexander, decorated ome two hundred service men and

The, high award (of which only

lal litlcs. it was rejected by the Honic Office on the ground that ‘the liSP of these titles was consid- rrcii illcuiil. when the present King was rrovncri the Home Office told the laic Cardinal l-llnsley that an ad- dress from the hierarchy in which lhcy ilFlfil their titles Wbllltl h?! he prcsciltcfl, the hierarchy said, i ‘Bcrnnrd Cardinal Griffith sent ltlollrnlir- con ratulations to Prin- i-css Elizohe ' on her betrothaL, _hui signed his name as s Cardinal and riiii not use the title "Arch- bishop of Westminster." The Kin! icplicii with a message addressed i» ills Eminence as a Cardinal. I A Catholic spokesman said to- nichi that most of the disabilities Knndcr which Cairholics had suf- Wtrcii in England disappeared with 7Y1?‘ Romiin Catholic Relbf Act 0f ‘l0 ycors ago. A Roman Cath0l|¢ could siill not sit en the Thronei _<_li l-Jnglund, of course, nor could; a savor-vigil turn Catholic or marry | VIMCJIIHOHI‘ without abdicatlng. I Bill all high dfflccs of slate Worn npfln l0 Catholics with U19 solitary cxccption of that of the .Lm-il Chanccllorship. Therc WJS only one way of 29i- lillt: rid of the Ecclesiastical Titles pilot and that was for Pdrlilmolli i‘ retinal It, the spokesman sail.

‘ As a colony Newfoundland c01- lected- between $35,000,000 and $40.- 000000 matnly from customs encl excise taxes. As a province the Is- land would lose the right to collect customs and excise and as a result only about $3,000,000 of its present revenue would be left to it.

lilfr. St. Laurent said it would be necessary for tile island to find liew sources of revenue. 1t has been estimated that the Island's expenditures as a province wouid amount to approximately $15,000.- 000 annually, part of which would bc offset by the Dominion-Provin- cial taxation agreement.

Tile financial termswere sent by Prime Minister Mackenzie King to Sir Gordon Macdonald, Gover- nor of Newfoundland. for. trans- mission to the National Convention elected last year to recommend future form or forms of govern- ment for the now commission- controlled colony.

Mr. King's Letter In a letter terms, King said:-

far as the financial aspects of tbc proposed arrangements for ilnlnn are concerned, tile Govsrnme t of Canada believes that the arrange- ments go as far se the Government ‘can go under the circumstances. ." Mr. King reiterated that the Can- adian Government did not wish to influence the decision ef the New- foundland people as to their fu- ture form of government. "Should the people of New- Joundlsnd indicate clearly and be- yond all possibility of misunde standing their will that Newfound-

i}

JIITIIS. IIRRRIRIEI. DEATHS _

'14-...)

f

‘ - and should become a province of i, 50° P" 1935mm‘ _ banana on thetasu of the pro- : DONG lfflllllflidfltl, U16 Olflfifllflfl l Government, subject to the ap- m Emma _ proval of Parliament, would for its

part be prepared to take the n:- MUNN- ceasary constitutional steps o Exits]. Nix. “L1,. d.“ mafia the H3101: keffiiacttivg at the clth car est prac ca a e.

:“los,,':“,,",'_" ' w“ m” “M”? i’ m.‘ st. uni-en: zllfilflf ‘tins rs; EA_ “ ersn um was no e un nex Jiital DHA&'€‘OL?%: spring the result of the vote might "Ina m, no,” c 5'“ ' a“: not he known in time for legisla- ‘ ' ' " m“ live action to be taken at the sed- ' - aion of Parliament opening Dec. o.

Would intend Services He said that naturally existing Federal Government services would ta extended to ffewfoundlandThe Canadian Government would re- spect the terms of the 09-year

wl son,

itiltiaetsan

' leases granted to United Stains

'1 . UINMITAK" for arilltiry bases on the island. MIALMII _ Canada“ would gut alltiw New- ‘ foundian to con hue t e manu- i ca’? | l“. feature of oleomatgarinl now bar- ’... roe in the eidsting Provinces. Mr.

It. hurent said this concession ‘would be made providing New-

aocempoifying the l

Stir Iii Nflil.

"l feel I must emphasize that as l

two were made) was received by Miss Mackenzie for service with No. 7 Canadian General Hospital, when she served as operating om supervisor" of that group. and with particular distinction in the treat- ment of casualties from the mem- orable raid by Canadian forces on Dieppe in 1942.

Miss MacKenzie was born in l-fai-tsvllle. educated in Prince of Wales College. and trained in the Prince Edward Island Hospital. She joined No. 7 Canadian Gen- ural Hospital in i940_ proceeding overseas in 1M1, and served until 2045. After returning to Canada she attended Toronto University for a year and was appointed to the position of Instructress of Nurses at Woodstock General Hos- pital which she now holds.

A host of friends in‘ this Prov- ince wish her evvry success.

Terms iiade Little

3'1‘. JOHN'S. NfiiL, Nov. 6 — (OP) — The terms under whit Ilwfeundland would be weleflel into the Canadian confederation‘ were read iodayio the national convention which is considering the island's political future but evoked nothing more than a ne- tlce of motion that they be rc- celved and discussed at tomorrow's session.

The only convention member to comment outside the assembly on the Dominion Government's oom- mun‘ ‘ion. released simultan- eously in Si. John's and Ottawa. was Joseph Smallwood of Bona- vlata Centre, leading advocate of federal union with Canada. Bmallwood merely repeated a statement he made a month ago that when the terms had been learned ,and understood by New- foundlanders "they would sweep the country."

foundland undertook not to ex- port the product to ether Provin- ces.

l-le said the Provinces would not be consulted on the terms of union. Assessing the advantages that union would bring to' both coun- tries. Mr. st. Laurent said the people of Newfoundland would benefit from social services. such as family allowances, and hlflil‘ old age pensions.

Canadian trade with the Island

would benefit from the elimination‘

pond with mill buildings, including lumber and grist mill which have been used continuously since. By various conveyances the complaln~ ant became seized and pcssesse- of

tract of 113 acres as aforesaid in- eluding tile mill-pond. mill-site, mill-dam and other property used for mill purposes.

"By deed of conveyance bearing date the 8th. day of September, i920, made between the complain- ant and the complainant's mother, Catherine Patterson, of the onc part and Lefuta Wood of the other part, the complainant granted aild conveyed unto thc said Lefuta Wood in fee simple the said mill-pond, mill-site. mills and _ er land, being a portion of the said 69 acres of lend owned by the complain- ant.

"This deed, which gives evidence of careful preparation by a compel."- ent attorney. described-by mates and bounds certain mill properties and contained the following excep- tion and reservation: ‘excepting and reserving to the grantor (thc complaii i Ii’. herein) his heirs nlld assigns a right of way from ills land to Rellrlles Road across thc said mill-dam.‘ It is the properi construction to be put on this ex-

ception and reservation that has] given rise to this litigation. “By various transfers and con-

veyances the defendant herein be- came seized and possessed of the said mill property described in the deed to Lefuta Wood’ and has been operating the said mills.

"lt appears from the evidence given before me ill this case that this was a WEU-kllCWlI mill proper- ty. The complainants grandfather, his lather, thc complainant him- self, Lefuta Wood, Lcfutn Wood's Widow, and the defendant have all carried on milling operations en ihls site.

s

The Wood Deed

"Prior to September s. i920. ex- cept for thc proper coilstruction oi‘ the deed from yattcrson to Wood dated the 8th. day of September, i020. (which I shall hereafter re- fer to as the Wood deed) we are i.o'. concerned with the use of the right oi way in question, as the complainant owned all the land in- eluding the farm lands and mill premises.

Without doubt there were no rights of way in the sense of le- gal rights of way, easementsi en- joyed in respect of the one pro- perty as against the other be- cause there was u lty of possession. (t ls right to ~ quire however whether there were rights of way exercised. not as being legal rights of way. That is a questio of fact upon which considerable evidence was given."

The law applicable to such cases la reviewed at length in the judg- nlent_ it being found that the re- aervation of the right of way in this particular case la in general forms with no limitations or rs- strictienl. y

Tile judgment reviews the mean-

J

the grantee or those lawfully us- ing the way under tlfe grant to the exclusive use of the land lover hich the way exists, nor is it ev- ry obstruction of the way which uiilounts to an unlawful interfer- ing. “Notwithstanding that a man ‘has granted a right of way over his land. he is still the owner oi.’ U"! 511i]. and has the right of full dominion over it, except so far as f1 limitation of such right is essen- lllll l0 the Proper enjoyment of the right iii way." i4. C.E.D. 110.)

l

Ilse of Way

"Aslile r-omplalilaill. his father, nlio his grandfather used the mill premises for milling purposes, thc. complainant must. have known what use was made of the right cf way in question and what use iould be expected to he made of said right of way iii the future. fie must have known that people would be bringing logs to the mill and grain and grists to the mill and of necessity have to use the light of way.

“The grantee in the Woocr deed y-Lefuto. Wood - was a miller. He nought the premises and operated same for mil] purposes; so it is a reasonable inference that he would have knowledge of the necessity of the use of the right of way.

"No restriction as to time, width or usage was placed on the sub-

servlent tenement. The words usedi

‘ trna GUARDIAN. cganamyrarowiv

dues t i o n. 0f Use 0f, Island Horse , I fillets: Lvtrabiet Right OI Way Involved l Exhibitors Win In Chancery Lawsuitglll Willllll’ Fair

z fl-2 ,

‘l

Comment 0n P.E.i.

I

i In a very interesting article en- titled Three Eastern Conventions. '_ which appears in the November issue of The Legionary, written by Mr. T.D. Anderson, Assistant Gen- eral Beoretary, Dominion Com- mand, Canadian Legion, who nt- ytended the Prince Edward Island Command Convention held in

AMHERST, NS, Nov, o _((.'P) -One o‘! the largest classes in the 34-year history of the Maritime Winter Fair was in the ring today ‘ as horse judging got underway at the {pic's opening day.

Holly Govang of Moncton, N.B.,

l

PAGE " s‘ Legilfii Dfliliil‘ Will iieip Provide “Oars” Parcels I-‘or Britain

, .

The Canadian Legion 3.3.0.1.. wedding gift to H. RaH. the Prin- cess Elizabeth will be of a W0- fold character it has been a11- rlounced ‘by Major-General C. B. Price, Dominion President.