THE CHARLOTTETOWN GUARDIAN

Supreme Court 0f 5 ‘Testify

PAGE EIGHT JbNE “'99 Interesting Lecture At

P.W.fl. Hall

"The British were napping ill Burma," 5mm '

MES INIIIGESTIDN WALLOP YOII HIIbEYLOW THE BELT?

III Forgotten "28" For ‘Ilse Khrl (if aaxlizinrmnnx no» You Rarin"|‘s c. w Gordon Fore,“ c a; belo lt o n" “ma” h h“ and writer'on the I.“

AN ' lecture delivered to an audlérm ,

CENTRAL culinninl sailor's Body ls Recovered

Presentation of Address To Msgr. Jean Ghiasson

this column ls reserved rue news s- labs] Interest. In sdvsrtlslu 0f : news; nature all! N \l""'d u nests a word. 11149"! 9'75"‘ '- sdvuos

l)

The body of Probationary Steward

L-Oyd J. Stewart. R. C. N. V. It...

_ COOKS lor PUUIOKIBDDJ» L-tos nioreii Rear, urotvned in the Char. On the occasion of his nlnetietlh birthday and the sixty-fourth a-tln - yersary of his ordination to the priesthood. the parishioners 0f Riistico where he laboured thirty-

ilanada Judgment cal-M o»- - allowed. Ends Unusual Base l» timberland Ferries Limited, H01‘: Mr. Campbell outlined the even x iottetounn co o tn at h l includedleadtflx For‘? mlgheeqstillgilitofny W28

_ -—,_—'— .. . . ' i" “r n e mum“ lmiissa in th theelegaciesT elsgaces __ the rs p- i- coNFt-Uhnailou Lil-E L\5_UB o1 May 28, was found floating on supreme 60,3‘, f,',“¢.'.§§§§‘ o: 011:3 memorial tablet in saint Paula 10,-med in 1988 or I999 and was firs‘: . Ch‘. m? “m” ma" m“ m11511°1°11811 case Ewen Henry Cameron and Church. Charlottetown, a memorial incorporated in Nova Sootia an “'3 ,. v ‘mdge Yeswrdal‘ Nine 011161 1105's. me}; versus Happy Winchester 1nd stone in Saint John's Churchyard. late,- in Prince Edward Island. Its can: 01514-5551“! 0mm“ “m ‘We '“ “h? W“? 1181111118 W" glhers of Charlottetown blo-lgiit h. Belfast, ssoo to the Bible Society, object was to conduct a ferry 5e1-

fLVG tears presented the following address to Magi". Jean Chiasson at

slush-ates Court. CA1)’ 111111- 511%‘

- k r, Dr. J. . the Sacred Heart Home in this m “pea e city“

MacMillan. Public invited. 6-11-11- suonr run: - City 111F118" were outvshorgly flllgfazgveogiilfig l t EYGIIIHZ 1‘ a Sislllilpfil‘! side of the number-ouch As with graiefktil lie-alas wes celeé Budge, The tunic confuijedwg brrlte the mon 0 e acre a pile of railway seepers an flcart. and particularly atttlhlsalllmel of slight CiillbttqléfillCé. Cinly a feW 111s Adorable Presence in e 955- of the tics tvere amRSe - ed sacrament, is it not fitting that -— > we should likewise celebrate the Lppvfgs MONDAY - Mr. Wil- t '1 1i those who are Hi5 dear?“ llulii Brown, scheduled to leave for s on cartlv-Hls priests? duly (ill. the mflllllkllld today, has We fully realize that without the been granted a few extra dale 111d Sacred Priesthood there would be will leave °11 M°11d=1y lhiilefld- He 15 no meaning in our tabernacles, no going as Supervisor of the 1411181115 Blessed Eucharist to sustain and .. Columbus War Servlees- nourish our souls. With full hearts. "T ‘L STTTISTICS Birth. inertia‘. do we thank God 1' 1 1 h “as, .. _ 111 f - -,, numbered 62, dcallis l3 and mar- wl ‘Atfnnasirgnhipeca y m yo] ridges 30 in Charlottetown dlirilng S ‘Ly-four years ago. in the full lmetrlxmlgilgloisgg/Itgltlicn‘ reairgeréagr generosity and earnestness of rlcfxéeimg Dipusw gums,“ m; 3'°‘m§~'.m*mh°°d' ymf. wnsgcmwd Public Health. There were five cases " H“ i0 the “"195 c‘! Christ" of scarlet fever and nnc of chicken- “ ‘ V118 ‘U21 bevi£°llégplliP pox, the health report shelved. 'D(‘l8 e w .i lm in m;

k’ liiiiciig mun. And indeed ' £111 tlicse years been an ardent apostle!

To us, the parishioners of Rus- tico particularly, has it been given berm, is missing after recent air to with . and to partake of. the operations i.i Eurcpc. sgt. Peebles

.s of your priestly heart. was among the first airmen sta- thiitv-iive years 31011 laboured tioned in Charlottetown. He left

. monisl lls striving by exhortation here about a year aiid a half ago. and example to turn our eyes to 1* ti imperisliable riches of Eter- NEW PLANE HERE -A new nitgq \Ve admire and respect you as plane, which arrived in the city this u model of fcal and of dignity, and Week from England, is attracting “.1 ye you n5 the Flabher of our llllliltjhtiilllgllligli. It is a large

v zln npi c qiasscngel‘ alrcra

_ your Eightyqmh WhlCll was purchased by_Maritlme _ _ with paternal Soncitude and Central Airways. It was f.owr_i here

‘ mug energ” you Watched m," b" Capt. Carl Burke. The aircraft the welfare cif the people of Rus- was ‘mportcd t? this ‘fmmtry n“, Beloved Monsignor. is it any virtue of a special order. u-nndcr that our hearts re f l1 . _ ,‘_—_

,. _ mm ,,,,,,,_,._ m, your“ n,n§,,,,",§ POLICE REPORT _ A total of b”. ,0 reassure you of our £48 arrests wei-c llidtle by City Po. FIvI i ice duiilig the month of May_ it

ipuiahoii and gratitude, and to . 1 d 1 m h, t “N1 1m‘ “"11” “APP? "W111i? masciitigfi‘; BilrtivifsztlxelgonOtf 2r2

Tiic world needs you still, vener- were Commbn dl.unks_'-rwo Convict- 117311?‘ 3T@11$1f-'11°1'- F01 from Will ions were obtnilicd tinder the Excise lii-mbl- rcom herein the Sacred Act and 13 iliotol- vehicles we?

1 i“ Home there radiates a pirit- tagged for inlrrlclions cf the Tra -

1mivci~ which influences smany fic regulations. Bicvcic licenses is- l; is hcflrts like ymu-s that sued at 50 cents each ivere 10?. the q (ll-aw mm to desire and w w,“ attached report revealed. A total oi’ iiirl: trite peace which the world 565 have bee“ registered w dam‘ can not give or take away. ',"—""

Q,“- grabeful love 15 be“ expre55_ ARRIVE ON VISIT-DI‘. T. W. ed m m, words of the beautiful Cook, Pli. D.. Associate Professor w“. 5; o _;(.5,,5_ Emma, Priest‘ r Psychology at, Toronto Unltel- keep this, Thy holy one within the my ‘wmvgd m m‘? my last week “mim- O; Tm, sacred ‘Heart’ bless accompanled by his daughter Flor- his labours with abundant fruit. en“ “d 5mm? 5°“ Fmncis‘ They and ma‘, may to whom he has mim were guests fol a few days ‘of Dr. {Span-ad ‘be here below his joy and Cook's sisters, Mrs. E. S. Giddings consolation. and in Heaven his ‘md M“ w‘ E‘ scamkimry before Lem, - ' leaving for Murray River where they will spend the summer months. They will be joined later by Mrs. Cook who is visiting rela- tivm in Nova Scotia.

Rt. Rev. Jean Chlasson, D-D» 11P- sacred Heart Home.

Charlottetown, P. E. I.

Dear and venerable Monsignor:

IQEPOIKTED MISSING- Numer- you have ous friends in Charlottetown will deeply regret to learn that Sgt- Willlam Peebles of Lethbridge, Al-

uiiiil

by

- led on behalf of the parish- ioners of Rustico.

PRESENTATION — Oil Tuesday evening, Julie 9, the empoyees

PERHAPS HALF f the Prince Edward Island Tclephcge

rCo tliued from page 1) “m” ‘m ICompauly waited on Mr.

SO newspaper Ashal had paved the Auld of Charlottetown and present- way for something of the sort with ed him with a. very lovely mantle an article ziich went back to the clock. Following a few well chosen Rl-lF-tll-Jflpanese war of 1904 to show words by the plant superintendent, i‘ ' cvcn in its victories, Japan Mr. G. R. Starratt, the presenta- t lose a. little too. Hence a clay tion was made by Mr. Ernest Mc-

the communique came out. Nevin, plant clerk. Mr. Aiild, who is

be

ille Japanese to announce some ra- ther sharp losses, along with mun. icr-lirllaticing claims of success.

The Japanese description of Aleutian Island affair fcfi ill this category.

k Spiked by U. S.

It was spiked quickly by a Unlgqd states naval spokesman’; rm- iioiincement yesterday that tainly none of our inhabited

their very thoughtful act. and for their co-operation.

the BOYS PARLIAMENT-The first apparently Boys’ Parliament to be held in a. considerable number of years will assemble in New Glasgow on Eri-

day evening of this week. Boys f widely scattered parts of the Pro- “cer- vinoe, about fifteen in number, will areas. discuss matters of interest to teen with age youth. Heath McQuarrie of me.” Victoria will be Prehiier, and George Jones of Powliai will be leader of the opposition. The Parliament will be held under the auspices of the Provincial Boys‘ Work Board of the Maritime Religious Education Coun- cil. Rev. I. J. bevy, Secretary‘, will direct proceedings.

Island Nurse ls Graduate

___._

MLONITIi-Erlb. June 1(>—(CP)—A PAINFUL ACCIDENT - Mr. Al- class of 0t! nurses of the Montreal pert MacKay, apprentice at Bruce ocneral Hospital were awarded dip- Stewart, and Company's machine 101111119. culminating three y_ s of snap, received painful burns to his ‘rammg atK111911fl=1118e=ter¢1ses11=1d hailds and about the body when his sgsttzifihlg_oslmflls nurses hm"? hem clothing caught ill-c from a blow ‘ ‘ ' to h ‘cstcrda afternoon. It ap-

Tlie list of graduates included? Persia; hie yOlllllg man had acciden-

tally spilled some xosoline 9n

giosnmoncl W. Neill, North Milton. E I‘ clothes a. few minutes before light-

l trig the torch. Other workmen hur-

ried to his rescue and quickly ex-

tlflglllsillffd {tile flttimns. H; lwas g2-

osmnn f _ nledintcy a en ‘o’ =le _r rice '1 -

sisizint agent and lrjadlo opgrataosr. “in?! 1sl9“dr§°°§im{l‘>l glencrigthggriguk-

Must be exempt from military g3 ogvgashe llamas kept m hospimj service and not employed ln war we‘; mgin \\‘01'k. Allllly Maritime Central Air- '

ways.

Young mall for

SOLDIERS LEAVE -— Eleven sol- 3-1143- diers from no. oz, C. A. B. '1‘. C., at neacn Grove lelt yesterday for ser-

"we ‘lsewhmi m °°"““°“- Th“ g were: Privates J. H. Bikgar. Port- WA N T E n age; W. D. Gregory, Bear River; L.

Malone, Brelidaioane; J. A. McAulay Souris‘ G. Lw McDonlald, mic/ernon River; F. C. hlte, Ciario town; Employment we Claims éhitififiiiliiil dii..?"2f'§l.§...-‘Z; Officer, Grade 1 male, Un- Mberfon; V, s_ Black“, Amum. employment Irwuronee 09111- dale, and I. F. Blanchard. Kenslng- mission, Cgilrzggvewwh. P- E- ton, Before leaving mtilieg we're re- I. Salary . per annum eel-lied with cigaret y te ro- plus cost of living bonus at vihcial Government through the present amounting to $11.91 per monitl above salary. Suh- iect to 5T5 deduction for re- tirement. The Clvil

Carry 0n Canada Corps. The pres- entations were iooked after by Mr. A. G. Bruce of the Canadian Legion War Services.

RECEIVES M. A. DEGREE- Word has just been received by Dr. and Mrs. J. A, Clark that their daughter Miss Elna M. Clark. re- celved her degree of Master of Arts from Toronto University June 4, 1942. While studying for this de- gree she was engaged by the Na- tional Research Council and work-

the Toronto Connaught Laboratories under Dr. Hare. She accepted a position with the Con- naugl-lt Research Laboratories at their institution north of Toronto April lat, I942 under Dr. Craigle. Miss Clark received her Bachelor of Science degree from Acadia University in i935. She reocived her training as a Medical Techni- cian at Temple University, Phila- delphia. was Medical ‘Pcchniciltn at the P. E. Island Hospltfll for two years, entering Toronto University in September 194i. Her many friends ale pleased to learn of her raoid promotion. She is now en- - c-"iical iessalh.

police- tions from qualified residents of Prince Edward Island, qualifications required at least public school gradua- tion. five years experience in a trade or vocation, some clerical or other experience in office work, preferably some experience in conduct of employer-employee rela- tions. Application forms ob- tainable at town or elty Post Offices must be properly completed and mailed not later than June 15th w Civil Service mpresentatlve, care

Regional Supt. Unemployment Insurance CommiSSiOII

Monolon. N. ll-

oeung yir-iriqy ILQUI, eight o'clock. with the deceased vihen it capsiz-

cti. we.e rescued in boats from the

wharf.

Mr. A. P. Cerelti C. N. . °1 347N911. and his crew o! nindglylf: wit; Ewfilllg on the bridge discov. e1‘ e body. The t it iiarllae Wharf, y 00k to the

Coroner Dl‘. ielnililis and d unnecessary.

sidfwflrl» Was a member of the H 1/1- @- S- "Queen Charlotte" and had been in training several weeks be- 1016 me filial accident. He was i ,

He uill be laid to rest ivltii lull naval honors this afternoon {he funeral will be held from ‘Prank Henneeseyb Funeral Home at 2 p, m. to the R. C. Cemetery.

He is survived by his father, Pte, Martin Stewart. serving with me “Fl-new (11/9139115. ms mother in Saint Jchn. The latter arrived home lust night to attend the funeral. Tlirre sisters also survive and one bother. The sisters are: Mrs. Al- bm 14'9"" 811d Helen. both in s ‘ t

d ihmgeti-fl. Johnston's River an e roth , ‘ ill Boston. er is Gordon’ Mm is

I._J. Yeo viewed the ecidcd an inquest no;

liev. P. .|. Hogan 0f Charlottetown 50 Years A Priest

Rev. P. J. Hogan, one of Prince Edward Island's oldest priests. ob- served the golden anniversary of his ordination to the oly Priesthood yesterday. He passed the day quiet-

at the Bishop's Residence where many “friends called to pay their

respec .

Father Hogan was born at “Pig- nish where llc spent his earlv days. He was ordained June l0, i892 by the late Bishop Charles MacDonald. Followl that he labored in vari-

close a succession of dispute-i which have been before the courts continuously during the post eight years. Judgment was handed down at Ottawa last week.

The circumstances of the

ere quite unusual.

Esward Roberson of Belfast died ill i883. By his will, he left his es- tate to three trustees upon trusts for his wife and his three daught-

C389 \\'

~ ers. His wife died in 1909. The ‘ast

of his daughters, Lucy Jane Rob- erson died unmarried in i934. She made a will giving almost her en- tire estate to charities. Questions having arisen regarding the inter- pretation of her father's will, pro- ceedings were taken to have his wit. interpreted and the trusts of his estate administered by the Court of Chancery. The surviving ‘rrustee of the estate, Hon. Ft-L. l-laszard. although he had himself been a Jud-e of the Court for quite a num- ber of~ years and was then (I934) living in retirement, was unwillln

to accept the responsibility of de- ciding who should inherit the es- tate of WhlCll he had been a trustee for more than fifty years. He there- fore brought the estate into the Court of Chancery and asked his successor. Mr. Justice Saunders, interpret the wlfl and distribute ‘the 65 8 6.

‘Interpretation o! Wills

re-examination of a principle rning the interpretation of wills then taking place in the high- est Courts. The cosc arose in an- other province. A decision had been given by the Supreme Court of Canada in accordance with its pre- vious decisions. This ticcision was being appealed to the Judicial Com- mittee of the Privy Council in Eng- land. At the time the Roberson will cnse was brought into the Court of Chancery this Privy Council appeal had not been lien .

All interpretation of Edward Rob- crsoifs will was given by the Court of Chancery and by the Court of Appeal in Equity of Prince Edward

A gove was

$500 to Saint James Church. Char- lottetown, c1500 m Stanley Cameron. and the remainder f0!‘ Chllfch 01 England Missions.

All the funds now held by the Ad- ministrators of Lucy Rcbersons es- tate would have had to be given up. if the Appellants had succeeded. sihce the Camerons’ share of come paid to Lucy after her moth- er's death, together with interest on these payments if interest were al- lowed as was asked for. wou‘d have equalled the total of Lucy's estate and there would thus be nothing left for legacies.

Second Appeal

The Court of Chancery in the second Appeal held that the claim of the Camerons to have these mon- eys paid back and to have Lucy Robersonls investments paid over to the Camerons could not. be consid- ered. but that the estate of Edward Roberson should be divided between the Camerons and Lucy Robertson's Administrators. less certain expell- res. in accordance with the Su- preme Court's judgment of 1937.

Prcni this Judgment the Camer- 011s appealed for the second time to

w the supreme Court of Canada. The

Supreme Court's judgment in the second Appeal was delivered on Oc- tober lst. 1940. The Court held that as Lucy Roberson in her lifetime had received income from her fath- er's estate WlllCh included income then supposed to be her own but which has since been found, by the judgment of i937, to have belonged to the Camerons, it would be iri- equitabc to pay to her or to her estate linv further money from 53d- wnrd RObCISOIYs estate u-rille this inequity continued to exist. The Court therefore held that, as the amount which under the decision of i937 would be payable to Lucy Rob- ersonia estate was less than the a- mount of the Cameron income u-hich iiad been paid to Lucy Ron- crsori in her lifetime, Lucy Rober- son's est-ate should receive no fur- ther payment in the distribution of

-- t ,bttht llEtl- oils fiel in this province but has T5111“ “m” W“ l" “°°°"1““°e h" tattle“ es m u a a

been retired for many years.

He is a familiar figure in the city as he is very fond of walking’ and, can be seen on the rounds practi- cally every day.

Personals

N ursin R. C. A-

Nursing Sisteo- Marv Croken, R_ C. A. M. C. is sfiending her annual leave at the ome of her parents Mr. and Mrs. C. W. Crokcn. Emerald Junction.

Miss Ma Trainor, R. C. A-

furloug; with her parents on Spring Park .

Rev, C. R. Smith, Fail River,

iss. left on return this morning following a. brief visit with his birtother, Dr. G, L. Smith, of this 6 Y.

John Nelson Fall, R.C.0.C., Tor- onto. is spending a two weeks fur- lough with his parents, Mr. and Mrs. Clark Fall, Craprtud.

L.-Cpl. H. McDougall of No. 62 C.A.B.T.C. has returned from a fur- lough. He was injured in an acci- dent recently but is able to be a- bout his work as usual.

MORRISON-At the Prince Ed- ward Island Hospital

1942. to Mr. and Mrs. Emmett Morrison, Southport. a daughter.

DOWN-At the P. E. I. Hospital, May 22, 1942, to Mr. and Mrs. Ed- ward Downe, City, a daughter, Heather Jean.

DURANT —- At Clecth England, April 20, Ezra Durant. formerly of Summer- side. and Mrs. Durant (nee Doris Lund), a son, Joseph Robin.

QEATHs

orpes. Lines. i942, to Spr.

STEWART - Probationary Stew- ard Lloyd J. Stewart, drowned in Charlottetown Harbor. May 20, 1942. aged 1B years. Funeral from Prank Hennesseys Funeral Home this af- ternoon at 2 o'clock to the Roman Catholic Cemetery.

HUNTER —- At Summerside. June 10, 1942. Mrs. Ja a

oil tr , Interment. People's Cemetery. Summerside.

BOSWELIr-At Summerside, Juno 10. 1942, Albert Boswell, age 69 years. Funeral Saturday with a service at 1.30 at his late residence, Central street, followed by e short service in Marshfield Baptist Church. Interment at Marshfield.

Card of Thanks

-__ Mr. and Mrs. Thomas Stordy and fiifflll , desire to thank especially the octors and the nurses of the Summeraide Hmpital for their kind attention to their son Everett during his lost illness. Also to all friends and neighbors for their acts of kindness and those who sent ex- pressions of sympathy during their recent sad bereavement.

with the nillngs or decisions which up until then had been given by the Supreme Colirt of Canada. This de- cision ind to do with the question whetmer or not an infant, Edward

Roberson Cameron, child oi’ the 5°

testatorfisl daughter Georgianna, wife of Alexander Cameron one of 1 e trustees of her father's will. had acquired any interest or share in his grandfather's estate. The child

ward Robersons estate now remain- irig, less certain expenses, should be paid to the Camerons. 'I'lie order of the Chancel-y Courts oi Prince Edward Island was therefore val-ice as to agree with the Supreme Court's second judgment.

Shortly after the Suprem. Court's second decision, and after the taxation and payment of rer- ‘ "i costs, an application tvns mule to the Master of the Rolls to fix and apportion the amount that

n should be paid as compensation to

Under the former rulings of the

upreme Court of Canada, the chi d, Edward Roberson Cameron. did not take a. vested interest in his grand- father's estate as from the time of his birth, and no vested interest was therefore transmitted upon the child's death to his father Alexan- der Cameron which could be irons- mltted upon the lnttel-‘s death 1921 to his thrcc sons who were now

F" making n claim to Edward Robcr- Walter women's Dvmon, is Spending he, son's estate. It may be noted that

the claimants, the three Camel-one, alhough related to the Trustee Al- exander Cameron as sons. and to the child Edward Roberson Camer- on, as half-brothers. were not re laterl to the test-ator Edward Rob erson.

In the meantime, after the dc- cislon of the Prince Edward Island Courts had been given. a decision was rendered in the case which had been appealed to the Privy Council from the other Province. This de- cision reversed the rirlngs and in- tcrpretations which had been given by the Supreme Court of Canada upon the subject of the vesting of estates. By this new decision, he interpretation which had been glv n by the Island Courts to Edward Robertson's will, following the Sli- pfeme Court of Canada riiliilgs, be- came also affected.