Novcuscn 22.3952

GUARDIAN

f,...r . THE WESTERN

GEORGE cum! and House Phones:

The Guardian may be following stores

Bell 30

Kenya News-ItInd, Water Street;

WEST PBLN Aiber-ton: Frank W Phone: ..1)'QL'IRE. about Co-up Inlub mm, in your Co-op Store. ..bl'Y BARN Bruce's. ...lu-ILVIN UNITED VV. M. S. pantry sale. Kennedy's. Kensing- mn, November 22nd, 7.30 P. M.

equipment It

..('lIl'R(ill OF SCOTLAND. Suiiimcrslde. Nov. 23, 11.00 a.m. R9.-, 1-l. F. Mac!-Swen.

-(.'H0lCE CLEAR HONEY - A T351)" economical spread. George Buyiiiess. 82 Water St., Summer-

side. ,l'l'.VDAMENTAL B A P T I S ll

rHt'RCH. Central Bedeque. Rev D, )4 Fraser. Pastor. services for suizday. November 23rd. Central

B.-(lnque 10.45 A. M. and 7.30 P. 31. Bordcii 3 P. M. Everyone welcome.

DST. A.VI)REW'S CON('lCRT. lgniisiiigtoii. Wednesday. November cszii. ill 8.15; featuring Lads and l.nsxics Pipe Band, also other Char- loilrlmvii, Summerside and local nil:-iii, including: (me Act Comedy. "liiiiiiurs Wanted" presented by Piesbyti-rinli Young Adults.

-S.-til NEWS RT'I(Il:llVEl) - tlni-rl has been received by Mrs .'8ll'lP5 F. Profllt. Kcnsiiigton. of 'he suddcui piissliig on Wedliesdav :x'ovvnibci' 19th. of her sister, Mrs llugli London. at her home in Cal-

PBINCE COUNTY OFFICE 3 Summer Street. Suinmeulda. News. Subscriptions. Advertising Bepmnnuuyg.

olistore, Summer Street; llourlies Drugstore. 21 Central Street

,9 noucetws Grooerv. Second Street: lIlInd Molar Tnnspon. Wm, street; Vlnocs Grocery, L20 Bunell street; l:ninIn'I nus- - Service Drug.

II. I. Walk in Kenslnglnn.

68-3 Office and 85-! Kong;

Phone I031.

GEHBGE WOTTON 8082 Ind 5033. bought at any of an In Summenlde:

Marl: Gnudot. 8'! Gnnvius stress;

GE OBFIUE 6615!. Bepi-esentlmvt

-SMJELT gill nets, small, med- ium. large and extra large mesh. as Braces.

-CORRECTION - The report for Grade III, Borden School, should have read as follows: 1, 1118119 Bell; 2. Joanne Doucette and Bonnie Ma.cI.ean; 3, Marie Coyle.

-POLICE COURT -- In Sum- merside Police Court yesterday 1W0 men. one from Richmond and the other from Charlottetown were earn sent to jail for being drunk in a public place.-S.

-THE UNITED CHURCH of Canada. Kensington Charge Sunday, November 23rd. Sunday School 10.00 am. Evening 7.30 p. m. Summei-field 2.30 pm. Rev. Iiewis M. Murray, BA., BD., min. isier.

-ATTENIIING FAIR-Mr. and Mrs. Claude Lewis of York. ac- companied by Miss Shirley Lewis. laboratory terlinician at the P. 1-2.

I. Hospital, are in Toronto this week attending the Royal Win- for Fair.-S.

--AIR FORCE ENLISTRIENTS y-The two latest enllstmeiils tit who Summerslde R.C.A.l-I. recruit-

ing unit are Jackie Farrish of lsiiiniey Bridge, P.E.l., who is scheduled to leave on November 28th for St. John's. P. Q.; and

Iicltie Mae Weatherbie, daughter

In an unusual case before the court at Summerside yesterday, Magistrate R.8. Hinton. Q. C.. in a written judgment. dismissed the charge lgainst the operator of I read maintainer who had been charged with operating a motor vehicle (the maintainer) while his ability to drive was impaired by al- cohol.

In his judgment Magistrate Hin- ton concurred with Mr. J. A. Gal- lant, counsel for the accused. who had argued that . road maintainer is not a. motor vehicle within the meaning of the Criminal Code un- der which the accused was charg- ed, and therefore could not be coil- victed of the offence.

Magistrate Hinton cited several cases having it bearing on the one in question. which, he said. still leaves the question open as to the position in law of an unlicenced operator of a road maintainer.

In stating the reasons for his judgment concerning the status of the road maintainer, Magistrate Hinton disagreed with the decision of the Alberta Court of Appeal. which in a particular case held that a farm tractor was not a motor vehicle within the meaning of the act. l

I

Text of Judgment

Following is the written judg- ment delivered by Magistrate Hin- ton in tlvs illlllsual case:

"The accused is charged that on

A. D. i952. he unlawfully did while his ability to operate a motor ve-

I or about the fourth day of October

Judgment Given in Loatll Maintainer Operation Case

here. what must my conclusion be?

"I see by section 2R of the Cus- tons Act that a vehicle under that act is defined as, "Any conveyance of what kind soever." under that definition the Tariff'Board recent- ly ruled that the tires on a trans- porting scraper were tires for a ve- hicle because the transporting scraper carried the dirt for I dis- tance before dumplng it.

"In dealing with the interpreta- tion of taxation statutes, the cases indicate that it is the funolon oi the iiiachine. and not its mode of locomotion or driving power that determines its character.

"The character of a road maln- tainer in my opinion is what its name indicates. namely. a machine for scrapping the roads. While it might be used as 5. means of trans- portation ln an emergency. unlike a farm tractor. it is never commonly used for that purpose. An army tank has been held to be a motor vehicle. See Rev v. Miller (1945) 1D. L. R. 227.

Not Within Category

"I think the words. "motor ve- hicle as used by parliament in the statute in question were intended to include vehicles of the char- acter commonly used. to some ex-, tent at least. as a means of con- veyance. y

"A road maintainer does not come ivithiii that category.

”Insofar as farm tractors are con- cerned in P.E.I., many farmers use tractors as H means of conveyance In spring. fall and winter it is often

hicle was impaired by alcohol, op- erate a motor vehicle upon the highway. coiitrary (421.1 of the criminal code.

"The accused pleaded ”not guil- ”The accused is an employee of the Provincial Government. De- partment of Public Works and

W

to section 2851

their only means of travelling over dirt highways.

”In fact tractors with trailers at- ltaclled may be seen on our high-I iways every day of the year as they iare used extensively for transport-l .lng feed produce and feed. .

"While a statute. especially a statute dealing with a criminal of-j

. friends and

K"r-V- A1b?”'B' The late Mrs of Mr. and Mrs. B. A. Weather- Loudnn, the former Lottie Ininaivihm Momagueh RR. 1 AW2 (ll ”3ml”0”- p- E- In 15 suwived bl" Weailierbie was scheduled '0 he: husoziiicl and two daugliters Tpnyr )('siPl'(lR)'. also for sl,l film also reside in Calgary. iy.-,h,.is' p. Q. i -5 Personals IL i i Si 1 -Mr and Mrs. Charles Llewellyn. S

Highways and is the operator Oi 5' tense must be strictly Toiistrucd. 1. vehicle known as a road 1713'-nL3ln'llnllSi, confess that if the accusedy er which has a blade, which can belhad begin opemm-ig a farm tracts. m0V9d in dim???” GITCCTJOH5 miolr, it would be a very difficult easel order to smooth the surface of t.he.mr me to decider l road. It is equlpptm with .a diesel! --gounscl go, the cmwn has: "1030?-h 1135 TOUT M19915 l”i'”h Nbrtpoiuied out that it is probably just be? W95 Mid C3" be Sleeled by We as dangerous to the public to have.

of Pi-clcixctoll. N. B.. Spent the iecli-mid in Summci-side. guests of he 'llr.'r.Cr's parents. Mr. and Mrs. ii". K. Llewellyn.

-.Virs Chauncey Pearson and if as Mac Blai-klock of Shelton are ' a few days in Borden . and Mrs. A. P. Cer-

--Mrs. Lewis Moose. New Arman. has made a good recovery after her recent. operation at the Prince Cnuiilv Hospital and is convalesc- zniz hi the home of her parents Mr and Mrs. W. L. Johnson. Ken- szuizlon. Her many friends wish her a complete and speedy recov- f.n'

Scoul Training Course Al S'side

Tlic first part of a trnininl: f")lll'SP for patrol lend:-rs and sec- onrls was held last evening in the Summorslde Scout Hall. , Ninntcen scouts attended from Kelnslntztoii, Bordon and Summer- sun

Pzilrnl loader training is aimed to develop leadership qualities in st-mils and to teach them how to instruct in the various scout tcsts. List svnlll

evening's talks included: spirit. patrol instruction. mlinl nrgnnlzation. scout law. His. and several games.

"the course was organized by Eric Tanton. district commission- er for Summersirle area. assisting him were F. A. Driscoll. provin- rinl inmmissloner; A. P. Ct-reiil. issi-Lint provinciiil commissioner; Mill-1r: K. Brummer; I-VLt. D. sliwr and E. G. Kerr.

Canrlldales w9re:-

r.ll.urIlen: Peter Cerettl. Robert iylllfllli, Baden Sexton. Summer- S-rlc Ray Clark, Nod Ht-nlhorne, 3l"FI'ls Clark. Nocll Palmer, Arthur Morrison. Kvnsingfon: 1”" K"""9l'i.V. VVt1yne Champion. Jim .Vf:icLean, Ross Davidson. Charlie Cook. Gordon Hately, r"”lTK0 Brooklns. Roscoe Pendle- '''"i 1-00 Sudshury. Don Champ- ion. Przink McCarville.-S.

2-Yea" Suspended Ientecle Imposed In Shooting case

mI::1f0UbFl at Suminerslde yes- Hmioi More Magistrate R. S. Lowoni Q'C'l H woman from Iv 1' TWOH. who had previous- ghogcfdded guilty to wounding by on Hllllii. in an incident occurring "W " W9 9n. was given a 2- min suspended sentence. had the M 'conflscated. and was order- mdhflvav all costs including 0m""d expenses. She was also WW0 by the court not to ac- hn” possession of I firearm or Thone in her household. mm, rpreilmlnary hearing of I Ind"-C loin Duvar charged with hnmllni assault was partially ; "Urine the afternoon and "1 case was adjourned for fur- Pl" hearing. milh F3"! from Alberton charged "Md "Vim! while lmpalred was A 3100 and costs or 15 days. em Wlrly from Campbellton for meg intoxicated in a public 15 d was fined-S20 and costs or i -131. clhpillliy from Mount. Pleasant A n'”"5”minR'llquor In or about ininr vehicle had his case M-""'TnNi for om week utcjufarly from Bedeque charged man 13!! Game Act with hunt- mm" unday was fined :10 and

3 W"? from Victoria for driv- Without In operator": license M4 83 mil com,--s.

Fire: Building. Traclor. Crop Lost

A intern held loo near gas that was being poured in a tractor caused an explosion that set a fire and destroyed a building. a new tractor. an entire crop of grain and a quantity of potatoes belonging to Algar Ramsay. of Arligton, Lot

front wheels.

C.M.P. received a complaint re- garding an accident involving a parked car and a road machine near St. Louis. When the police ar- rived near St. Louis they found Line accused operating a road main- tainer proceeding east slowly scrap- ordered from the machine.

"From the evidence of the police I find that he was intoxicated to the extent that he staggered when

14. on Thursday evening.

Mr. Ramsay was pouring gas in- to his new tractor about 7:30 p. in. while his son Blair, 10 years of age. held the lantern to provide lzght for the task. In the explosion that occured the son received burns about the arms which re- quired treatment at the hospital at Tyne Valley; his father receiv- ed less serious burns.

An unsuccessful effort was made to save the building by neighbors who quickly gathered. but build- ing. tractor, grain and potatoes were all lost in the flames.

Efforts of firefighters, however. prevented the flames from spend- ing to other buildings. It is under- stood that some insurance was carried on the building. but it is believed that tractor and crop were uninsured. 4

Pelham-Linkletter Wedding

Baskets of multicolored ch.rysIn- themums and an arch beautifully decorated .with running ground spruce. under which the bridal party stood, created the setting in the Church of Christ, Summer-side. for a pretty autumn wedding yes- terday afternoon. when Helen Joyce. daughter of Mr. and Mrs. Harry Linkletter of Linkletter, became the bride of Ronald John Peiham, son of Mr. and Mrs. John Pelham of Wrentham, Alberta. Rev. W.0. weale performed the three o'clock ceremony. Mrs. Weale was in charge of the wedding music and accomp- anied the guest soloist. Mr. J.B. Lewis. as he sang "I'll Walk Beside You" previous to the bridal party entering the church. and "0 Per- fect Love" during the signing of the register.

The bride, given in marriage by her father. was charming in her floor-lengtli gown of white velvet, with tight fitting bodice, full skirt and bolero. Her wedding-ring veil was held in place with I comnet of velvet and orange blossoms.

She carried a white Bible with gardeniaii and streamers.

Miss Dorothy Linkletter was her sister's uiidesmaid. she was grown- gowned in nile green net with I bolero, dutch cap and mitts of green velvet. She carried I colonial bouquet of bronze 'mumsx h

Mr. Edward P. Benoit of Cslgary. Alberta was groomsman and Messrs Leigh and Garth Linkletter. broth- ers of the bride. ushered the guests to pews which were marked with sprigs of greenery and white rib- bon.

Mrs. Linkletter chose for her daughter's wedding I gown of Ir- rldescent corded taffeta with brown accessories and n corsage of yellow daisy 'mums.

Following the ceremony I recep- tion for thirty-five guests was raid at the home of the bride's parents. where the bride's table. with its at- tractive arrangement of 'mumq Ind lighted tapers, centred ii three-tier wedding cake. topped with I min- iature bride and groom. Presiding over the teacups was Mrs. Alli-I00 Profltt. and assisting in serving were Mrs. Emery Linkletter, Miss Margaret Jlsrdy. R.N.. Mrs. I-Citlh Llnkletter. Miss Doreen Dennis. Mrs. Garth Llnkletter and Min Margaret Jean MacDonald.

Mr. and Mrs. Pelham left by Iutomobile on I honeymoon trip

he walked. Hus speech was land he shouted and holler:-.d at the lpolice. At the time of his arrest he denied that he had had an accid- cm.

i "Counsel for the accused ithat a "motor vehicle within the meaning 'of section 255 MA) of the criminal lcode and therefore the accused can- inot be convicted of the offense 'charged.

I "Section 285

argued

MA) reads in part

or automobile is impaired by alco- hol or any drug. drives any motor vehicle or automobile. or has the care or control of a motor vehicle or automobile. whether it is in motion or not, is guilty of an of- 'fense."

"The question for me to decide is whether or not the words. 'motor vehlcle' include a road maintain-

(I 1"

Case Cited

"In the case of the King vs Mac- Donald, an unreported case which was an appeal before the supreme court of Prince Edward Island, the court decided that the words 'motor vehicle' included a farm tractor. and that a person operating a farm tractor on the highway after his motor vehicle operator's license had been cancelled. could properly be convicted of tne charge of operat- ing a motor vehicle without a lie- ense.

"The question still remains open as to the position in law of an un- licensed operator of a road main- tainer.

"In the case of Rex vs. Owens 08 C.C.C. 279, which was an appeal to the supreme court of Alberta. it was held that an accused convict- ed in I lower court of unlawfully driving a motor vehicle namely. I

arm tractor. while intoxicated. un- der section 285 (4) of the crlmtrsl code. was not driving a motor vb- hicle within the meaning of that section and the appeal'was allow- ed. There the learned judge said. i! thing that the words. "motor vehicle". as used by parliament in a. statute passed to protect the piib- llc ought to be understood in the way members of the public who are to be governed by them and run- ished for breach of them would generally understand them to mean." he also states. ". .. that. A farm tractor is used lit times in bad roads to convey the driver along the public highway. but it is also true that this occasional use does not define its character. and I think that the character of the machine in question must be ascertained in order to decide if it comes within the terms used by parliament."

"In E. vs. Wright. (mm .1 D.L. R.'2li0. the court of appeal for On- tulo decided that the words. "mo- tor car". did not include motorcy- cle. Mcnuer J.A. in giving the judgment of the court states that the onus is on the crown to make out I case against. the accused be- yond I reasonable doubt in law as well Is in fact.

"Accepting this as I true state- ment of the law and applying it ..:...m.......D.D.....nm

through the Maritimes. the bride trIve1ling in in suit of cocoa hrown wool with leaf green accessories and a corsage of gardcnln.-. They will reside in Calgary. Alberta. The bride is I graduate of the P.E.i. Hospltu. -. S.

ping the road. He was stopped and

thlck.l

road maintainer is nct a

as follows: "Every one who. while his ability to drive a motor vcniclej

rcad maintainer

moving i

a slow as it is to have in automobile op-ly erated by such a driver. While IL agree with this submission I C(1Il'l not agrce however that the section .in question should therefore be g.ven a broad interpretation so the plibllc may be protected. , "If parliament wishes to remedy the situation. the section should be amended to include vehicles such as road maintainers. steam rollers and the like and certainly to ill- clude farm tractors. l

"However. as indicated above I; am inclined to doubt the correct- ness of the decision of the AlbP.lliC-It lcourt of appeal in the R. vs. Owens C359.

”For the reason stated the charge against the accused is hereby dis-' missed." - S.

Unusually lleavv

continued from page 1 000,000 from S300.000,00(l. The amount available for loans to builders of houses for rent will be increased to 52.50.000.000 from sl50.000.000.

The Government has not yet in- dicated whether it will lower the; down payment required of homel builders. The minimum payment now amounts to about 20 per cent of the cost of the house. There have been requests that the government drop the amount to 10 per cent.

The Government will ease pro- visions under which financial as- sistance is given to slum clearance

projects.

Another bill will amend the Farm Improvement Loans Act. extending its life to March 31. 1956, and increasing the size of the fund available for loans to farmers.

Approval will be sought of I measure providing financial as-

sistance to provincial projects for water conservation.

A resolution will call for rati- fication of the new fishing treaty concluded by Canada, the United States and Japan.

A change in the set up of Trans-Canada Air Lines is con- templated in another bill. The

measure would increase the TCA board of directors to nine mem- bers from seven. Powers of the corporation would be increased and its capital structure would be brought into line with normal commercial practices.

Two bills are from the Veterans Department. One extends the Vet- erans Benefit Act for I year into 1954; the second provides for edu- cational assistance to the children of deceased war veterans.

The last of the government measuru would put the Historic Sites and Monuments Board of Canada on I statutory basis.

Most of the resolutions of priv- ate members were similar to ones introduced at the last session.

nunsrsrrnaoc S-C-H001.

Honor roll for the month of Oct- ober for Dunstaffnage School.

Grade VIII - l. Leith Dover; 2. Elaine Foster. ,

Grade VII - 1. Kenneth Thomp-

son; 2. Lottie Cudmore; 8. John Cudmore. Grade VI -. 1. Jerry Maccallum. Muriel Dennis; 3. Georgina Thompson. Grade V - 1. Winston Anderson: 2 Janet Folland. Grade IV - 1. Alan Ellis; 2. Frances Hill: 3. Bruce Foster. Grade III -- 1. Elizabeth Hill: 2. Marjorie Robbins; 3. Keith Mac- Lean. Grade II -- 1. Joy Robbins; 2.

Wayne Dover; 3. Shirley Ellis and Roddy Maccallum Iequall.

Grade I - No tests.

Highest average for senior grades. Jerry Maccsllum. 87.2; highest av- erage for junior grades, Joy Rob- bins. 89.5. ,

. ing in samples of wator

CT-T ARLOTTETOWDO

lleatii Yesterday Of John A. Callaghan

--Mr. John A. Callaghan. a high- ly respected resident of Alberton. passed away at the Western Hos- pital early Friday morning It the age of seventy-nine years.

Mr. Callaghan was a son of the late Mr. and Mrs. William Cal- laghan of Ebbsfleet. As I young man he was employed in the of- fice of Sinclair and Stewart, Sum- merside. for a time. after which he spent some few years in Western Canada. Returning to his native province he entered into a business partnership with his brother, W.P. Callaghan, at St. Louis. About thirty years ago he set up a retail business of his own at Elmsdule which he continued to operate un- til his retirement nine years ago. Since that time he has made his home at Alberton.