a i lo I I i l I i i I a I

THE GUARDIAN

“Coven Prince Edward Illlnd Like the Dew‘ Published every wcek-day morning at 136 Pl"|flf‘(

itreet. Chai'lottet.own, P. E‘. by The Thomson Company Limited. Editor and lilanziger. Ian A. Burnett. Aaaociate Editor. Frank Walker. branch offices at Summerside. Montague an:i Xlberton. Authorized as Second Class Mail b.\

be Post. Office Department, Ottawa.

By Carrier: Charlottetown. Summerside $l.'i.00 per innum. Elsewhere in P. E. 1. $9.00. Other Prov. Inces and U. S. A. sl'Z.U0 per annum,

“The atronlze.-t niemnry in weaker than the weakest ink.”

‘a

civil Defence Grants

(‘ivil defence in Canada has made little progress because the main burden has fal- len upon the municipalities which in most cases do not consider it their responsibility. A new systeiii of grants to municipalities has been devised by Ottawa. however. which should help the situation sonic-wliat.

Until now, 1-‘cdcral grants have been paid to match Proviiicial spending on civil defence projccts and there were no direct Federal grants to municipalities, This Province and Qucbcc did not budget for civil defence and so Prince Edward island did not qualify for the $7.874 offered by the Federal G()\‘f‘l‘lllllPlli. Under the new system Ottawa \vill continue to match Pro- vincial spcnding and also contribute 25 D01‘ cent dircctly towarcls the cost of municipal progiamiiies.

Thus if the l‘rovince paid 25 per cent and the municipality paid 25 per cent. the Federal contrihiition would be 50 per cent. Payments to this l‘roviiice could amount to $10.82? under the new proposal.

The change is undoubtedly a move in the right direction. Our municipalities are by far the branch of government most re- stricted by inflexible sources of revenue. The only real excuse for charging them with costs of civil defence at all is that they can probably get more for their dol- lar than either the Provinces or the Fed- eral Government.

It is a further objection to municipal responsibility that in case of large scale raids the civil defence organization would

have to operate at long range. The organ- ization set. up in the target. area would probably have disintegrated along with

large sections of the municipality.

..__.__.___.__.__.___.

A note. of warning regarding the ef- fectiveness of gamma globulin in prevent- ing polio is sounded by Dr. Nclles Silver- thorne. chairman of the Child 8: Maternal Health Section of the Health League. of Canada. "it is only fair in non-epidcmic areas." Dr. Silvcrthorne says, “for all peo- ple to co-operate with our present plan of using gamma globulin (already in short supply) to protect possible close contacts in a very heavily infccted area where an

epidemic is causing severe (‘rippling and death.” Actually the immunizing potentialities

of gamma globulin have not yet been prov- en beyond question. Silverthorne said. "that gamma globulin protects at most for a short period; name- i_v. one month. I should not believe it wisc to keep giving children injections of gamma globulin every month when many of them will not become infected in any case. It would sccm rathcr useless to give gamma globulin when a child lcavcs on his sum- mer vacation to find that he developed paralytic poliomyclilis a month or two af- ter the probable pt‘otPt‘ll\'e cffccts of thc gamma globulin have worn off. In othcr words. iiirliscrimin:itc use of gamma glob- ulin in non-cpirlcmic areas is not only self- ish in view of thc shortage but may also prove. quite futilc."

Gamma glolnilln i: not in be (‘t)llil|!~‘t"(l with the anti-polio \'at'rine which is hciir‘ tested this summer in the United States.

and \vhich. it is hopcrl, may provirlc long-

__ternn immunity.

Problems And Achievements

In addrcssing the graduating class of thc University of Southern (‘.alit‘or'nia. Brig- adier General David Sarnoff. Chairman of Radio Corporation of America, took occas- ion to deplore the alleged lack of spiritual- ity ln present day society. in this he was on common ground with many thoughtful observers of contemporary life and man- tiers. His reference to ciirrcnt problems as "the price of our monumental achieve- ments" is less easy to appreciate.

While it la_clearly evident that there is come connection between the problems of Nth century society and its achievements in many fields, it is difficult to see how theae achievements, or any of them, could

' be held responsible for everything that has

Neither of the two great wars ‘plagued the first half of the

the result of scientific ad- . any field. Doubtless, both wars

devastating than they would A _ Jdlnoo not gone beyond its am ‘ but war that has nevu-

Iooewiona.

“lt is assumed.“ Dr. .

been and is not now a scientifically-based problem. It is rather a moral problem which is made ncither more nor less diffi- cult by anything that science can do. Greed. avarice. envy, lust for power. tyraiin_v. and the desire of one nation or one race to subdue another to its will; these are_ the causes of war. and they are ele- mental human perversities.

If the clocks of science could he put back today, the action would have no bene- ficial effect on the fundamental problems of tomorrow: indeed. in so far as poverty, squalor. illiteracy. ignoi'ance—all aids of world unrest—are coriccrned. the action would aggravate the problems considerably. Properly used and intelligently allied with moral and spiritual forces. the “monu- mental achievements". to which General Sarnoff referred. should and would be cap- able of hclping mankind towards the right- ful goal of peace and contentment. It can surely be. said that the supreme tragedy of our times is not that science has gone too far in technological research and discovery. but that the moral conscience of the world has lagged too far behind. if and when the time comes that both will journey abreast -and not till thcn——there will be hope for the banishment of war and of all the other evils which now trouble the hearts and minds of men. This may be a mere dream.

impossible of fulfilment: cvcn so, it is :1 dream worth dreaming. A float In court in Barcelona. Spain. a man stole a neiglibour's goal; a reprehensible act.

though not an uncommon one; goats have been objects of theft for centuries. Thc owner took the culprit to court; a right and proper act and. again. not an uncom- mon one; no man with any sense of pride would let a neighbour get away with that kind of thing. Thc uncommon thing about the whole affair. and the thing that brought all parties to the litigation into the news columns. is that the stolen goat was sum- moned to court and there ordered to de- termine its ownership. The magistratc—— wise in the Solomonic tradition——took the unprecedcnted step after the plaintiff had. scorned the suggestion that he should em- ploy counsel to strengthen his case and cross-e.vamine the accused. “I need no lawyer,” said be. "my goat can plead this case as well as any lawyer I know!"

The trial, after the usual preliminaries had been honoured. look only a few min- utcs. The goat. on being called to the stand. immediately went up to the plaintiff and licked his hand. but nothing could in- duce it to go to the side of the accused. This was prima-facie evidence of the most convincing character and it was so regard- ed by the presiding justice, who took the occasion to compliment the witness on be- ing able to tell the whole truth in such a charming gesture without prodding from judge or counsel. If this particular testi- mony has established a legal precedent it should serve as a warning to prospective goat thieves in every land.

LDITURIAL NOTES

Festival of St. John the Baptist. 0 O 0

Our farmers do not seem inclined to limit potato acreage despite having the ad- vantage of knowing what has been done each season in more southerly arcas. The consequence secms to be that their best hope is based on widespread poor growing

conditions. 0 O I

Politicians of all parties at Ottawa pay lip service to the principle of decentraliza- tion of industry both for national defence and the propcr development of all our na- tional i'P.sourccs. When it comes to appli- cation. however. it would seem that the Biblical rule is followed of “to him that

hath shall be given." _ to o a

'Sir Winston Churchill and Anthony Edcn arrive in Washington Friday morn- ing after a refueling stop at Gander. Nfld. The British Prime Minister will thus be paying three visits to Canada while on this side of the Atlantic. an official visit to Ottawa and presumably a second refueling stop on his way home.

0 O O

The Battle of Bannockburn was fought this date 1314 about three miles southeast of Sterling. Robert Bruce with 30,000 Scots inflicted a crushing defeat on 100,000 Eng- lish under Edward II. Edward is reported to have lost 30,000 men. The tactics of the Bruce were to undermine the front of his position with pits covered with turf and rushes into which the English. cavalry plunged in hopeless confusion.

I O O

Maritime l’ostmastcrs' Association is meeting at Fredericton Thursday and Fri- day. The organization. representing aome 1.800 postmaster: and their assistants. also represent: those government employees who more than any others are in constant contact with the public. ' ‘ ‘

-u.r:s~ws>

~. _»....u. ,9 .

A Homé Run in Mind

PUBLIC FORUM

I'iila column I‘: open to the diaciiaslon by con sponduatt, of question: of intereat The Guardian does not neceiunr. lly endorse the opinion of wirespondcnta.

SEARCH FOR WATER

Sli'.—Rain had failcd. The gods were angry, and the missionary was blamed. He was John G, Paton of Tanna in the New Hebrides and he dccidcd to dig a well. Such a thing had never been done on the island. it wa: |n'tD|€l.\'- "The. Rods will be very angry and destroy us all." Bill John was determined to dig a well. No one would dare help him. but as he toiled nothiig hapllfined. and at last the natives ventured near enough to look into lhe_hole. Then John offered them a fish-hook for so inan_v buckets Of clay lIflPrl lull, Fish hooks wore. a lzrcat tcmptation. Befnrc many days a boiling spririg burst UP. The waicr was not salt but good. The rain-god myth was cx- Dioricd and thc rcputation of thc m'-”*SWT17fl‘.‘/ was cst.'ibli.slicrl. Well-dilzlzirig is most intcrcstiiig. l have four wclls to my small, Onc of them was fifty-five feet, "lf"‘l"- Bl" the glamour of the old. “"‘ll 15 Kr-iic. When water

opcn befzan to rush a shout of joy “Pill l'P- The find was more precious than gold. No more la. bour liauling Water from a far spring. The family reloicerl.

in the days before the news.

paper the well was the place for ’“'‘‘‘'5- Mill! 3 Kt‘-od story was told there and many a sccrct was let out. It was a place where.’ lovers met. Jacob got his there and there many a man made happy. , Thai Rlorioiis entity called wa- tcr' That rnystcrinus substance that has ncvci‘ bccn ricfincd" That God-givcn drink that triilv satisfies} Why not thank ll... Civer of this priccless gift by making the host use at it. I am, Sir. ctc . l. GRPZI-IN‘

Stanlcy Bridge.

Old Clia rloiieiown

ma P.l.I. ,

snnnann TIMI I

Legislative A l 1884' N1 3' On motion of Hon. Mr sulimm the nth Order of the Day. for second reading of the Bill tntltu- led an Act. respecting Standard Time. having been read. the said

Assembly,

the Bill be now committed to a committee of the whole House. and said that this in a Bill relating to Time uaed in a _publlc way in this Province. He auppoaed every hon. member of the Home was aware nf the fact that during last. Autumn. the Railway and name other departments of the Domin- ton Government thought it ex. Dedlent. to adopt a new anamo- ment. made by the railway man- ager: for the control and govem- nnco of the railwaya in the Uni- ted Btata and Canada; and it wan found necauar! D apply the same standard of time to the other public department: of the Domin- ion. In the City of Ottawa, till the public departrnenta are now regulated by standard Time. In this Province also. the Dominion offlcea are all controlled and re- gulated by the same atandard time.

It is not deairable. Mr. Sullivan llid, that we ahould have two standard: of time in this Province. for by this people are apt. to get confused; and it has been thought advlaable to man a Bill, not. for the purpose of changing the time, but to allow the Government to do no, if they find it will be nt- lafactlory to the public and desir- able in the internals of the coun- try. It is propooed tn empoflf them to pain an Order-in-Ooimcll and to ialuo a proclamation giving duo notice that after a certain time the public omcoa no public achoola will bu rifllitfid by Still- ard '1'imO.'Ind alas to declnv what hbura, under the not anion. ahall atand in boo of the hours now

many v.‘nodlfforImbo-

Iinent. was based. or of running the

Bill was accordingly read the -' second time. Hon. Mr. Sullivan moved that

Ingenious

Fred ifnufnmn in

Of all the constitutional prob- lcma which have arisen since Con- federation, the question of delega- tion of powers by one legislative body to another has been one of the thurnicst. Time and again. a’ variety of schemes laundered out the familiar reef that the (ilBLl‘l-‘ bution of powers under the British North America Act. 1867. cannot be‘ altered without amending the Act.‘ itself. and that delegation by any other inean.s—however practical or‘ lllflelliflils — would constitute a‘ breach of the "vvatertight coin- partmeiius" of Sections 91 and 92 of the B.N.A. Act.

Last Febi-uar,v. the Judicial Com- mittee of the Privy Council ruled that legislation concerning the use: of highways for inter-provincial bus‘ service fell within the powers of t.he' Federal Government. A: a result, provincial transport boards, which have undoubted power to regulate‘, bus services within their respective; provinces, found llie.m.=.clvcs unable to control C0i'flpal'l|(‘S which crossed provincial or national boundaries.

This led to a number of head-, aches; with two legislative bodies making rules in fields so closely al-l had. certain inequitable results — not to speak of administrative dif- ficulLies—wero bound to arise. To give a concrete example. under thel Privy Council ruling a province mayl

regulate the affairs of a companyludeml bum!” md_ at nnomen

which p1‘0Vld€A bus service between two points in the province. But.‘ if the sccond company provides ser- vice between two points outside thej province. then. even though lt.s_

vr . . . \\\\>Ia:ll:.iu.SP4K l!|l‘flY.l‘\\i;t;l€”Dn their iegular by ummmc mce&m”.._l mum .ioute, up ica . 1e service pro- ha‘ been mum by which

vided by the local company, the province cannot. liitcrfere. . . . As might have been expected. the“ provinces don't. like this situation and. not. least. amongst. the reasons.

‘is the fact that. by implication. tlie‘x.emJ°n to the mflkmng of my

Judgment. also nft’er-ts the lucrative Liiicking business.

It now appears. however. that the Federal Government. was not too‘ happy either and that it would pre-1 for to let. provincial govemmenta; handle t.he regulation of both inter and inlra-provincial services.

The questlnii therefore arose how such a transfer of powers could.‘ be made without. either amending‘ the B.N.A. Act. on which the judg-

l'lSl( to have legislation on the aub- jert. declared uncomtitutlonal by the courts.

Bill 414. which has been approv- ed by the House of Commons, ap- pears to have aolved these prob- lems: the regulatory power. now sseuecl by the Federal Govern- ment. in delegated to the respective provincial transport boards. It to a method of delegation which win sanctioned by the Supreme Court of Canada in 1952. and’therc in mi reason to believe that the court would not. adopt the lame attitude should the present Bill be tested In the earlier cue—-its unwieldy name in P.l.I. Potato Marketing Board v. Willis and A.-G. of Can.- the fact: were aomewhat. familiar. Potatou grown in Prince llklwardi uland are couaumed both in the Province and abroad. Under the 3.N.A. Act. the Province may regu- late the marketing of thou pota- toea which an dutlnod fit the local market. but only Ottawa can make rule: with respect to the on- port. trade.

But, when a former harvest: hia crop, who in to say whether it‘: doo- tlnod for P.I.I. or any. Ontario.

I C O

The two government: therefore tried to get. together and work out a achcrna which would ho both practical and constitutional. Tho

lextra-provincial undertaking

Short Cut

the Montreal Star

same reasoning, could P.E.l. aban- don her righta in favor of Ottawa —-a proposition ruled ultra virea by the Supreme Court in what. has come to be known as the "Nova Scotla Case."

An earlier attempt had also run afoul of the courus: In Rex v. Zaa- lavsky, decided in l935. it. was held that a province could not pus "en- abling legislation" which would automatically make that part. of a federal statute which may be ultra vires the Federal Cvovernment. part of the lawn of the province. That. too, the judges said. was delega- tion. Besides it was not. “neat.."

Constitutional lawyers therefore watched with interest the P.E.I. case, where the Dominion author- ized a provincial board. which had powers to regulate lntra-provincial trade. to make regulations for the export trade as well. In other words, instead of appointing its own board. Ottawa simply named the same five men to do tier work

as well. 0 O 0

As Mr. Justice Rand pointed out:

. both Legislatures have re- cognized the value of a single body to carry out one joint. though llmlted. administration of trade." In a way. he suggested. they were "twin phantoms" since the same five men at one moment tranaacted

provincial affairs. But, he emphaaiz- ed “twin phantoms of this nature must. for practical purposes. give way to realistic necessities."

It. therefore appear: that—driven

the thorny problem can be solved.

In the P.E.i. cue. federal power was given to

. . any board or agency author- ized under the law of any province to exercise powera of regulation in

agricultural product. locally):

Under Bill 474. the power would be transferred to "the provincial transport board in each province," which, if the Bill become: law.

"May in its dlacretion tune a license to a person to operate an into or through the province upon the like terms and conditions and in the like manner as if tho.exti-a- provincial undertaking operated in the province were a local under- taking."

The analogy seems clear. There is no reuon to believe that the court: would disapprove of this type of delegation—th¢ delegmm of a Power which can be taken away an easily as it. won tram. ferred.

liofrlgoratloii

SALES 8 SVICE Repairs To All Mnifea

M0'|'0 R8 Rewinding and Repairs nuiornioan aernlanom Bell"!

Palaor Eloctrlc

IIGUIIIIIII

path In at-rewn with difficulties.

The Federal Government could not. for instance. delegate Ito paw- era to the Province, for that would violate the rule that oanoda can't

alter by heraelf the achenu of an-l

u-lbutlon of powers Nor. by the

tween the new time and the old la about forty-anvon rnlriuiu. Tho lul will loan tho nnmr gimm- erinthohaadaotttioaovu-n-

FOB

Tailoring nil

- Alterations

RITI - WAY

rage‘ 4 The Guardian

Thtindny, June 24, 1954

New report: from Part: in re- cent montha have been. acnerally. of a gloomy chnraowr. concerned shlefly with the rise and fall of ;overnment:. the pressure of com- .1iunl3m_ and diplomatic uneasi- heat in almoat. every aspect. of the .iatton'a life. lndo-China la in the proceaa of being written off the page: of rronch hlatory, and North Africa promiaea to be the next to

go. In view of all thin a little item about the activities of French fash- ion deslgnora car-rtu with it con- siderable atgnlflcance. It Any: that the designer: are turning to an "escapist." theme in clruaea and coats, with the “i012 feeling" be- ing given a preferred position. I O 0

While the architect; of faahloii are not noted for political acu- men, like everybody else they can- uot. avoid involvement in their :ountry'a political aims and trou- bles, especially the latter. Nations. like individuals. Ire subject. to psychological twist. and turna. and it would not be surprising if the clealgnera. in looking for a way of escape from the disappointments and frustrations of the present are merely putting into their plans and charts the inner regrets of a confused people.

I do not think the year 1912 la an arbitrary selection on the part of the fashion makers. It marks the time when France was at the height. of her national glory and prestige, at least with respect to modern history. In military pow- er, political atabillty, and settled economic and social ways, condi- llom were better than they have oeen at any time alnce_ There was no serious unrest in colonial affairs and. at home, no one expected a major war to develop. or anything elae to disturb the status quo. Com- munism, novuaucl-i a wrecking force in France politics. was then a text-book theory. npthtng more.