B0,». OilTanned Mocassins

$1.85 I

Boys, we have all sizes in _these first class moccasins, and you know how com- fortable they are, some of these are the tall ones but most of them are regular lieighflthe sizesrrun from size one in boys

i‘: i" m°“s"‘" gggdkbugutsze-iqgéigglléugygg? Assurances Issued . . . . . . . . 15,015,517 30,507,602 44,967,955 i, does not c on EDP! ‘ ~ _ i Small boys 11 to 1s ' ti}; $.?o?.°°3.‘3§h“%..?fi. it‘. 333%? 501m Assets ' “ f.‘ u‘ ' ' ' ' ' ' ' 152448931 28924545 >1547>563 ~. only 50 a xfiiswegiéocllalpriatgoxltl wtouldaulaal-llll% 0 1Cy and AIlnlllty Resctvcs ' ' be . 0 ns on v _ t -- . ~.%.flm§,,zng.fi.mi..arfiga txgcmug; Premium and Intcrcstlncomc 3,522,588 6,765,484 12,671,940 \ a , . v i _ was xiccessary t. bring the ma» Payments to Policyholders . 1,760,662 2,192,299 4,453 663 . BY Mal]. POSt will 315$}... with the reilefll <11 w" ' ’ ‘ 1th. At, ndthelr - ., ‘I | itslilxiguitsfctzgilldtgg;enagtgraizgtalréplemfig N‘ _ 1 2 i o0 , no o e s c o , ‘ _ ' _ I . §L.i§‘§.."li§‘i.3§%oTi$.5;2i“J$"h£é ""*”""""" Pwdw vi-l-g=~r . Section 52 again into cfiect. In sun- ' S. MOORE G. A. MORROW E. T. MALONE, K.C. i . . v port or this. Couusell clteldl theamciaf t ToRoNTb TORONTO TORONTO , i a of Attorney Germ“ utskmmlxl‘: gm; Presidcm The Bank of Nova Scott-u Vlck-Frzridcvi: Dominion Securities Ourpomicn Vfl-Pfuidnw and Gama! Couruzl Toronto I . The matter came up t l Km . . _ g . . I Pvendznt F. N. Burt Lumt Vi“ Pimdmr Ceuml Canada Loan ER General Trum Cor non ~ “A woman needs n lot of lm- °‘ m“ “m” “l” l“ ‘he “s” °’ H" ’ Header: Wm. A110 =55, Limitcd Savings Co. D-‘rm Toronto Savinesiiboan c.5553 '

Limited 4

Argumént

AUNT HET

mfaonsai‘ QUILLEN

“Ma saw Betty's beau m, a hlcture show with another girl, so Ma didn't remember what the picture was about."

oglnation. You ‘can't love a man

-theL18

Mérg-istrdte

continued from page l

tentlon that section 52 of tho Pro- hibition Act was not enforced. If we look at the original Act, we find that it provided that under section 52 no one should have any liquor. except that purchased from the Vendor. and in the properly lab- elled container in which it was so purchased. . Dristic Legislation

Then came Soction 185, which pro- vided that section 52 should not come-into force untu proclaimed w. irtcnant Governor in Council pursuant to a. request by tho Prohi- bition Coimniasion. This, Mr. John- ston, stated, was a very drastic piece of legislation. g Why was Section 1B5 passed and this section kept in abey- Nwfl? Bwallse it was unusual log- lslation. not in force in any other hart o! Canada, and. it was held over tor comifderatlon. Section 52 was subsequently held ilitrs. vires by this court on the ground that it inter- fered ‘with interprovincial trade,

Then there was a proclamation by which the old section 52 was brought into effect. it is suggested in this argument. that this proclamation could be of no eflect, for it endeav- ored to bring into eflect a. section which was declared ultra. vires.

Then, in i923, Section 52 was rc-

rick MacKeniia. in which the court

ficsidmz American 8a cs Book Company

1918 . Assurances 1n Force . . . . . . $72,741,582 156,230,862

‘lire-His’ ‘m! Fu-li. \v\)n Steel Corn any

‘- n 1-14 u.:..'aul-uuo..rgr|.myu\. ....'...;..a"l‘.;. an -' ' ‘ - Li, * ' v _ .

I I, .~ .. ' ti i . , . .

61116 51101;)? 0f192f§

The results achieved by The Imperial Life f; l Assurance Company of Canada in 19,28 as in-l

./ dicatcd by the figures given below will “be . - l ycry gratifying to policyholders and » others interested in the Company’s progress:

192 3

267,614,304

Director Czntral Canada Loan Q Saving: Co.

i

.. ‘i

1928

unless you an mo]; go h] referred m the case ‘if N°rwn “f Vice-President Guy Dairyc Via-Punch»: “IC-r-CIHA umac mm"? TOIOHKO Type Poun Go y I an’ sometimces it's awllll hardzl Shelby CWYWY- 1!! which it was de- Director Porto Rico nulmfdglfw» Vice-Prat ‘m: Fritish Anixica Azaommpény Dirmav G. T. Fulfard Co, L: . mm Charlottetown, - keep mum» W, supmon. clded t€l?t oxgfigngcgnsfiuitxlqzxgziass: _ 9mm, cimdm; gm; cfgomm, Director Appleford Comm: Chock BookCo. 1 was no aw, s SIR OHN AIRD ~ ———@1—-¢- - b ed_ Fo- , , 35...‘: $1.233 1i,",§'...°522.."$§. o-eni 1.0.0.... J. r. wrsToN now. DONAT RAYMOND ~ Austria will hold its next snterna- acted m ma. Furthermore, Counaelfi p.,_,,-4__,'n,, CuMm-Jn mnkomomm Managing Director ‘ Momuéi ' " nonal fair at Vienna. m March. submitted, section 52 had never been p)...“ NJflDm1Tm5tcOmpany’Limit:§ gflmiglxlegénffizffflfll-"l .___. brought into effect, even had it been Jincmn VJcstzm Asllrilntc Company SIR HERBERT HOLT “w, a “e a‘; d, M - l :::.:.::*::~. “W Wm» °‘°‘ ~ ‘ _ _ Pundm: Royal Bank of Ca da "m" “m “m '; Italy now has 113.000 miles of im \ noTpierllrg-gggidgzéaotf; ttlzllsappoyéitézgntépls PATRICK BURNS P1¢rid¢nzMontreal_l.ight,l:ll:atUPovmrCn. 3 prgceilliles grown‘ in America, are be- or toga. board of cohmussioners the’ CALGARY £f'€;““[f‘?“. JAMES R YRIE ‘ gmjng popular in China. power of saying when any law or Fouvuiai‘. Bums EPCcLimned ' DirtCwfcanadianP Rex‘) e " “med - TORONTO _, f ° statute 5mm go mo» effect. This - hnimuin cfTficBoord iiurnsUCoqLuuitcd mvm'oguvar1mlrr§lu§g3.n P""“""‘kvlivBifltLim=t=d ~ .. ' i matter came up in somewhat similar irrrlvr Calgary? Edmonton [and Coqhmized P y 3mm” gllm°qiyrt¥j 0%“ “Y Lg"‘d l‘ ‘ f b f th Prl C ll b . IYECUIY rorro 1C0 up .t ower . I ' I vsllinclh its m decelared ‘that 311g clnterl-Y D_ B_ HANNA HON. SIR EDWARD KEM D"““" l ‘ N Bu" C°"‘P“"l' I-"mmi . ,_ \ national Referendum law or Manitoba TORONTO' . T, DOCS Canada NGGd was invalid. because it compelled the P, we w TgaRoN-ro _ Member Th; Senate of Canada ~ H' Hirvcl/{ILICIAMS H ' ' ' Lieutenant Governor to submit en- p t“ ,1 m c estcl.“ ‘lada mm“ Mm‘ C“ Dwm” Nmmml Tm“ Cl-lmP-"YIY l-lmiwl . . 0N1 o - “ 1:11 en: nnadun Nurthcrn Pflliflz Lands Co. DIMCZOT The D0lIllfli0n Bank

England? Is Theme 0f London Express

actmeuts to a body of voters to de-

cide whether or no they were t0 be_ Dirzcrcr Brunlim 'i'ractiou(lompzlny

Director British Euipirc Trust ComCEany of W‘ G~

Direcwr Toronto Gcneml Trusts (Xvi-pertain: ~ l " President international Realty Com panic, Lnl. ~ ,._ ' l .

_ __ _ _ cumeluw. _ _, ‘ . . _ ._ . n ‘

Edltor 1n Strpkyng lvlr. Jphnstonldsubrtriiltrtedvatpatantsc Lon u. England Pmidm: President Business Propcftlcc. iimuul ’

Address Before ca.‘ case un er. cons era o \ HON_ WILLIAM HART-Y vk,,p,,,,g,,,,1-@n,(,5aving5yu;,k C“ FRANK PORTER WQQD Y .=. _ uv. .- _ Director Robert Simpson Co. Ltd. TORONTO . 'f

KINGSTON

oafiatflc .~ ogcgof, bfltph c; oi: tint ‘Qgwwdf’

u-

“Peeriess” English Fox Netting

All sizes in stock. Every roll guar- anteed. Sold in Summerslde by B. I. Raynor.

THE ROGERS HARDWARE CO., LIMITED.

SOLE AGENTS FOR P. E. l.

L‘; w-vv v v v v Y . l

Insidious Eye Strain

V .___. _ ‘We no this‘ ndicotlvo al- Sofia-on from Kremlin

may have perfect vision and thuoforo do not 0089M! tho presence oi any on defect Th: motive powcr of tho Entire human orlllllfll ll Nerve Bnngy. ‘ Normal one. it u computed.

. Itillnl about 20% o: lhll

Nona loony. but when ByI-~ strain ll gull." l much larger pro on rfllllml- Ilonco defective oyoo, through their consumption of an ox- collln amount of Nerve In- orly In! seriously allcot tho Sanctioning of other organ: ol tho body and produce Ill health.

v

navn room IYIB nxamuro

GJIHutc/aeson .

i i, orromnwr

. Judged further by the not that sov-

Ov1

._ any announcements.

. nadian Club at Tor- onto.

TORONTO. Jan. iL-Canadab need of Great Britain for her dc- delence. as a. partner in business and as a model of tradition.‘ as well as Grout Britain's need of Canada, for her quality of youth, were stressed by Arthur Beverly Baxter. Managing Ed- itor of the London Express, in an ud- dress o today before the Canadian Club of Toronto.

In answering tho question, "Does Canada need England?" which fonn- ed the title of his address, Mr. Bax- ter plunged into the question of na- tional defiance. "Perhaps the war spir- it ls over. I hope to God it is," he said, "but with France arming with all the extravagance of a. Napoleon, l. believe Canada. must face the possi- bility of future war."

"Canada is in a fortunate position," declared the speaker. “in that She has her guarantee of safety as a part oi’ the British Empire, and we cannot deny it, her guarantee under the Mon roe doctrine. If Canada were to da- clda to go it alone she must take the position to Cuba. Canada neodk the British League oi’ Nations, a League of Nations from which you can walk out arw day or any hour without a word of protest being raised in Eng- land. The greatest freedom 1n the world la that of the units of that

League of Nations. _ _

Economically Mr. Baxter held that England is an enormous and unequal-

led. partner to Canada. I can see the day when the barriers will come down between England, and this country. between Canada and Austrglia, India and other parts or the Empire- wonderful free trading unit." .

(small u» The amount BELGRADE. Jan. ll-Dctails of the pvents of last Saturday night when King Alexander out the Gor- dian knot of thé political situation by dissolving Parliament-and taking over tohimself the powers of gov- ernment are only gradually becoming known. As the facts gradually come out the secrecy with which the change was englneeredbeoomea more pronounce‘. Even the minister of the palace, M. Jovanovl‘ ‘a did not know what was pending. Ho has since been replac-

s

Gdlby B02110 Jcftohitch. Th6 secrecy .‘

with which the king moved can be

orsicabinet miniabérl weht to their oflioas the next morning and found. to their amazement. that successors were already at their desks.

. Throughout the whole country changes in omcials and the suspen- sion of’ local govcrnmcntbodies has been carried "out with slmillar emc- loncy and thoroughnoss. Even in the most remoatloiepam of the king- dom special m or: arrived Sun- a y morning with tut new orders. ée new realms is ruins ahead with .

g gm; policy of omitting prelim-

.......__...._._....._. . Tomatoes grown in Italy are being . sent to this country. A

agous. Here the statute was to be I

submitted to a board, which would say when it should become law. and that no provincial legislature had authority to delegate its powers, as it might, thereby give to one person in the community the right of declar- ing when legislation would become

w. . In opening his argument on the constitutionality of section 21, Mr.

"Johnston submitted that the ques-

tion was not whether the provincial legislature could appoint Magistrates and justices of the peace. or what power and authority could he grant- ed to them, but the question was whether, in this case. the legislature -had attempted to confer upon Mr. Tweedy jurisdiction, power and auth- ority which were well recognized as appertaining to the supreme court of the, province including its inherent powers in matters of appeal. » Cites Authority

l-ie cited in this connection R. vs. Taylor, i840, wherein it was decided that Quo Waxranto proceedings would not be granted against a borough of- ficial, where what was really in ques- tion was the validity oi a statute.

Herc we were calling into question the right oi the Legislature of Prince Edward Island to constitute such n court as pmportc to be constituted in sec. 2i.

The question is whether or not the Legislature of this province can con- fer upon one-oi its appointees, auth- ority. jurisdiction and powers auchas our county and superior courts have been accustomed to carry on. _Mr. Johnston submitted that the Legis-

- lature had no power to do this, and further than the Supreme Court here was more a Dominion Court than a Provincial Court. He quoted section 129 of the B.N.A. act in support of this contention. Such Supreme or Superior court had the right to prove its own rules o! proceedings, to boar appeals and to review the proceed- ings oi‘ lower courts. Such- are the powers which this section 21 purports to vest in the three magistrates to be appointed under the Prohibition

~ Act.

What arc these powers? Section M provides that any prosecutor undo! the act may appeal to the icounty court. . .‘

All the powers which tho Bupromo

Court has been accustomed to oxerr

else. o! appeal. numbing convictions and review are transferred to these three magistrates. And i! the logis- Jature can dothls in one hold it may do it in others, and so rob the Sup- erior Courta of moat of their ‘right; and powers. Counsel was oinphoth cally of the opinion thavno legislat- ure had the right to hand 01st In} of the powers or Jurisdiction of than courts. which worn than“ g4; by the B.N.A.~' act, lndhnd theirs. but before and co Contain oration. to one of its I appoints”,

In Bilillwlfi» Mr. Johnston cited the case of Bark vs. Tumult. ‘

Buponlentc Contention

With rent-aw thecontontion a: Mimi“ W‘ ‘Qflilhdint. that lhltsrl in Chancery. and other such 0mm were often accorded a pertain jug-lg.

/

FOUNDED i897

Director National Trust Company, Limited

Copy of Complete Report for 1928 mailed 0.11 request

The Imperial A Life Assurance Company of Canada

Hear! Ofiice, TORONTO

Branc/lOflice: 70 Prince Street, CHARLOTTETOWN

Prcsidcrll llllflillglflil Stccl COmpJu! , Limited

. wm ‘is

~dlctlon accustom ‘ to be exercised by judges. he took exception to this. and claimed that where the legislat- ure attempted in confer on masters of the court powers vcstcdin the Bu- preme Court, such legislation was de- clared illtra vircs. in support of this. he quoted a decision of the courtof appeal of Alberta, in which such powers were attempted to be con- ierred, and the legislation was declar- ed ultra vires.

This question also came before the Privy Council in the case of the Jur- isdiction Act, i924, oi Ontario, where an attempt was made by the Legis- lature of Ontario to assign a certain appellate jurisdiction and the ap- pointment of_ Chief Justices to such persons as the Lieutenant Governor in Council should appoint. The legisla- tion was declared ultra. virss.

In the case of the MaoLean Gold Mines vs. the Attorney General. a. mining commissioner was endowed with certain powers exercised by the Superior Court. This was held to be ultra vires.

In a case decided in North Caro- lina, Rhyno vs. Lipsoombc. the find- ing was also along the same lines.

The question arises whether the constitutionality o1 the statutes can be raised in these proceedings and here again we have to refer mainly to

Canadian and United States cases.

Thus in the case oi Norton vs. Shelf "

by County; it was decided that the acts of the Shelby County Commis- sion, infringing on those of justices of tho peace and other judges were unconstitutional. and th/orefom, void. This decision has been taken cogni- zance of by our courts, previously, namely. in tho caso of Patrick Mc- Kenna- Mothodn of Procedure

If a man is in oflloe. if the oflicc itself is properly coustltutbd, there is no wrong done to tho public. and the only recourse against him is to take proceedings to, ouit him tron ofllce.

But when tho court is improperly constituted and the person holding t a usurper from the beginning, t o acts oi such a court mtterlp void. In other words than ot ha n do

facto Judge of a do faoto court. ‘more miutbvomurililfmihlnvlllizo

a do facto judge.

' county.

l

In this case we are trying the con-i stitutionality of a. statute. .

The Chief Justice: The Court now trying an application for eel-tiar- url. Will you submit casés showing the relation of this matter to the present application for o. writ of cer- tiorari?

Mr. Johnston: ! start by assuming that there must be some remedy, sec- ondly by showing that Quo Warrant» will not apply. _

The Chief Justice said that more relevant authorities should be, given than any yet cited-authorities hav- ing some definite application to the application for certiorarl.

Mr. Justice Arsenault: The statute constituting the court with the cor- ollary questlon of its validity must be read into the record. l-fow else could it be got before the court?

Mr. Johnston: This involves, the question of Jurisdiction. The Valid- ity of the act is attacked. for there is no jurisdiction if the act is not val- id. l submit we can do this by cer- tlorarl. '

The Chief Justice: Certlorarl is a writ so extensively applied for. that I would expect that there would be an abundance of cases illustrating the whole field over which it la used.

Mr. Johnston: I hnvs given Your Lordship two cases of certtorari; one of prohibition, one of habeas corpus. and one where Quo Warranto will not lie. The writ o! error is closely al- lied-to Habeas Corpus and I have cit- ed the case of Norton vs. helby I take the broad ground of the constitutionality of tho ofllce/rho writ o! Prohibition doesn't seem to work: nor I-fnbeas Corpus; appeals

z are barred. We are taking the only _ remedy we can. » i

Mr- 1- fl- Soon: then dealt with Mr. Tweedy in relation to tho sum-

upder which the Btipcn

Magis- trate of the town of pu

1

“q _ a-Anltlyliflv _ w‘

act is a private act. Among other tum“. M; w that “an; ,,.,_,. .,.,,._._'. .

things. a portion of tho fines collect- ed under the Prohibition Act went to

tslthe town oi Summerside. Previous to

the 1925 Act two Justices of tho Peace claimed jurisdiction in the

passed on petition oi the

peace. or county court judges.

MW- “ W-“wlu A" d°°s m" by clal Government through-its non cn- 5.

i As regards the question of tho con- stltutionallty of the court. the auth- ority. of the Dominion Government under the B.N.A. Act was rail? tn- tended to extend only to the appoint-

that

town, and section 8 of the £1,925 Ac: mom of superior gm"; Jud‘;

wn o Eummerside. expressly safeguards the no endeavour m‘; bu“ m“; m m. jurisdiction of the Btipendiary Mag- meve istraue of that town from being in- Courts m fade“; may,“ fringed upon by any justices of the change

He reaffirmed his content‘

jurisdiction from

‘rho only in jurisdiction wu that which was nfcaaod by the Provin-

impllcation (Lynn vs. Peel, cited: al- flcmema -sure1y my, w" “ma. so Thorpe vs. Adams) abrogate an “hm '

earlier private or particular Act Hardcastle on statute law states tha

in the absence of any special indi- be reviewed and m“,

i 5m grounds of the up lication w! attention l"

cation of intention to that effect in m f nun o; the appuun; u, the legislation. local acts are not‘ ro- d“; arm“- aumuflw m‘. nflflgby pealed by general acts. The books way of wruomrh Wham“ h, gnu

are bristling with discussion on these had been ab“, m find ma“,

points.

u gthori- ties w the effect that m wiwfld

Now how does this section 2i ac- "m" under an appuum, Ia: our; O

cord with the Summeralde incorpor- ation act? It gives jurisdiction to “notwith- standing any statute in this province

these three magistrates,

to the contrary."

tlorarl. inquire into the I whethcr of no tbp constituted.

Surely then, it is highly improbable court mum no} y, Quiet-nth ll ovi-

that this was meant to apply to tho deuce o; m“. “ml imptoporcou- tcwn of Summersidr. without some duct w" ma“ ‘q It cannot be ‘been dono- In "QNMIQ- i-hc Idiom-g. thought that the legislature wished to men; h“ not)“ "(mm y’ abrogatm/ln afloat. the Summer-side inggmp-‘wr-M

specific mention.

incorporation act in this way.

As to the necessity for three mag- istrates Mr. Strong contended that the

E i

‘l-reason three were provided for in the 533,5 by $0 Court In Q .

statute. was that. with one in each [any o; county, say. there would be ready “my

access to them. He was satisfied, on n“; .3 said fling-g 1| g

perusing the statute. that it had not “gm-g the been complied with. and that. thore- y" Jed to qu fore. the appointment of one niagis- my conviction _ trots was invalid. In closing‘. he q, yore or a do facto Mill. it was