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The Daily Examiner |

MARCH 23, 1886

The City Council's Latest Blunder

Tue action precipitately taken by the City Council concerning the prosecution of violators of the Scott Act reminds one forcibly of Mrs. McDonald’s remark that ‘it's time enough to bid the devil good day when you meet him.” Yesterday the Counsel for the gentlemen charged with selling liquor contrary to the law, directed the attention of the Stipendiary Magistrate to the alleged fact that in the event of failure to sustain prosecutiors,all the costs would fall upon the prosecutor. The aim of the learned an‘ subtle Counsel is evident, It is to baffle the efforts of the police to do their | duty by inspiring them with the fear of being muleted in heavy costs. The Magistrate promised ‘‘to look into the matter,”’ and the City Council met last evening, before he had given his decision, and passed the following resolution :

Whereas, It has come to the notice of this Council, through the press and otherwise, that His Honor the Stipendiary has instructed the police that it is their duty to institute proceed- ings under the Canada Temperance Act, 1878;

Therefore Resolved, That this Council direct its clerk to inform the Stipendiary Magistrate that no funds of the city shall be expended in any pro- secution instituted under the same act, nof shall the city incur any costs in any prosecution or case instituted or commenced by any person under the said act, or be responsible for damages or costs incurred or paid by any person by reason of any such prosecution.

Thus, before they knew whether the Corporation was or was not liable for the costs of unsuccessful prosecutions against offendérs under the Scott Act, the Council hastened to declare that the

rescinded, and the oflicers armed with full authority and power to enforce the law.

—The Patriot asks : “Oan it be true

are on their way home without having obtained an audience with the Secretary of State for the Colonies?” Our con-

temporary is evidently alarmed lest the same fate has fallen Messrs. Sullivan aud Ferguson as overtook some old political friends of his own. Let us soothe the fears of the Patriot by inform- ing him that our ambassadors have re- ceived every courtesy at the hands of Lord Granville. We say this much, knowing how anxious the Patriot is about anything that concerns the welfare and dignity of the Province.

The Concert last Evening.

Mr. Earle’s Oratorio Concer’ was, by long odds, the best concert heard in Char- lottetown this season, if it was ever sur- passed by local talent. In the first place, the music was se ected from the works of the beet composers, Handel, Haydn, Weber, Mendelasohn, Rossini and others, and was as diversified as it was well chosen. Choruses of about twenty voices, instru- mental and vocal solos, duets and _ trios, orchestral accompaniments and an array of our best talent could not fail to produce a good concert under Mr. Earle’s experienced and capable directorship. No number on the programme was bad, and it is difficult to particularize when all deserve praise. The trio by Misses Knight, Strong and Shen- ton was undoubtedly the favorite piece of the evening, and the audiencs begged hard for a repetition of it, but Mr. Earle’s excel- lent rule, allowing of no encores when the programme is long, could not be relaxed. Of the choruses, it is difficult to decide be-

Corporation will not be responsible for any damages !

But, apart from their undue and un- dignified haste in taking this action, how does it accord with the resolution passed by the Council ‘at their previous meeting’ At that meeting they iostruct- ed the Stipendiary Magistrate to inform the police that they must “search out and bring to justice all persons guilty of an infraction of the Scott Act.” Now they say in effect ‘‘Whereas, the Stipendiary Magistrate has carried out our instructions, the Council will not be respousible for damages incurred in so-doing.” Is not this a ridiculous stul- tification of themselves? Itis more. It is a plaiu violation of their solemn duty as City Councillors. Why are they elected and what are they sworn to do? Sarely their first and most important daty is to maintain the laws of the city, aod by every meavs in their power, to strengthen the hands of their officers in securing for the law enforcement and respect. The resolution they passed last evening amounts to this, that despite the oaths they have taken as Justices of the Peace, they are content to see a law of the city—a law which received the formal sanction of a majority of the citizens—violated every day aud every hour; for if the Stipendiary Magistrate and the pelice are hampered by the fear of having themselves to bear heavy costs, lawlessnecs must continue to run riot and hold high carnival in our midst.

We feel sure that this cannot really be the wish of Councillor Kelly, whom we have loog kuown as a law-abiding citi-| zen, and it certainly cannot be the desire ot Councillor Curtis, Deputy Sheriff for the County. How then they came to stultify themselves and their positions by moving and seconding a resolution which must result io continued lawless- ness, passes the powers of imagination to conceive. As to Councillors McRae and Horne, we are not so much sur- prised that they were cajoled into voting as they did; but a clearer perception of duty was expected from Councillor A. A. McLean. It is certaialy not creditable to the Council as a whole that Council- lors Haszard, Crabbe and T. A. McLean alone had the wit to steer clear of the trap set for them by the liquor dealers.

Taking the iower ground of dollars and cents, let us inquire whether or not there is any good reason why the City Council should thus play into the hands of the violators of the law. Has the prosecution of Scott Act cases proved such a losing business as to scare the Council from incurring any responsibility for damages in cases which are not proven? True, the Dominion Alliance lost some money; but they did not receive the fines imposed. But, as a result of the very indifferent prosecu- tions of the lospectors under the Do- minion Liceuse law, there is now, we are informed, a respectable balance in the Bank, and the City Exchequer has pro. fited tothe extent of $6,000. or $7,000 by Scott Act prosecutions. Every ob- servant citizen knows and feels that, if prudently and vigurously prosecuted, the violators of the Scott Act in this city can be forced to pay fines to an amount which will prevent any danger whatever of loss tothe city, no matter what steps the violators take. The prosecution of the Seott Act will pay—will pay well — if it be carefully and properly done ; | aud there {is no danger whatever of! heavy loss on account of damages. The

tween ‘‘ The Lord is Great” (Creation), and ‘‘ Worthy is the Lamb” (Messiah), with its difticult fugue passages. All the choruses were well rendered for amateurs, and were enthusiastically received. There was, however, too much work for the alto and basses to do, though they sang their parts well. Nothing short of a good Con- cert could be expected from such sweet voices as Miss Strong’s, Miss Knight’s, and Miss Crabbe’s, blending with a chorus of well-chosen vocalists. Worthy of especial praise were the solos by Mrs. Malcolm Mc- Leod, (‘‘O, Lord, Have Mercy Upon Us;’) Miss Strong, (Marvellous Works;”) Miss Crabbe,(‘O Rest in the Lord;”) Prof. Caven (Pro Pecatis), Mr. Fletcher’s Cornet solo, (Sanctus—Handel;”) and the Instrumental Quartette, (*‘Les Deux Anges,”) by Messrs Watson, Vinnicombe, Fletcher and Earle. For execution,the Instrumental duet by Mrs. McLeod and Mr. Earle was the piece of the evening. The ha!l was well filled, but not any better than the concert deserved. That so mapy attended to hear a concert of classical music clearly shows that there is in Charlottetown much musical culture and appreciation of the best music—a fact that must encourage Mr, Earle, and should secure for him even a better house than greeted him last night when next he pro- vides such a good concert for our people.

ene ~~ + ~—

The Y. W. C. A.

THs annual meeting of the Charlottetown Young Women’s Christian Association took place yesterday. The report of its opera- tions during the last year was very inter- esting, and showed that a good local work has been done. It will shortly be pub- lished, and will speak for itself. The amount of soup given away from the pro- ceeds of the Concert held in the autumn, since Ist January, was 142 gallons,

A letter was read from the President of the Y. W. C. A. in Boston, expressing pleasure at hearing of the formation of an Association in Charlottetown, and stating that if young women come to them with letters from this Association they will be received and cared for, and efforts made to secure good situations for them.

Young Women’s Christian Associations now exist in almost every part of the

world. In England there are 28 branches, and in London the membership is very large. In the United States, in almost

every town of importance, there is a branch of the Y. W. C. A. Last year, in New York, it assisted 10,000 working women They are now erecting there anew Y, W. ©. A. building, to cost $75,000.

LETTERS 10 THE EDITOR,

EE —

Between Two Fires.

Sirk,—By virtne of a resolution passed by the City Council, the police force are, in effect, told by the Stipendiary Magistrate, **You must root out all violators of the Scott Act, orelse take the consequences !” By virtue of a resolution of the City Coun- cil the police force are, in effect, told by the Council themselves, ‘'If you undertake to root out violaters of the Scott Act, you must be prepared to assume all the conse- quences |” Truly, the way of the police- man is hard! What are theyto do? At the Council meeting last evening, it was given as an imperative reason for passing the resolution, that in prosecutions under the Scott Act appeals would be taken to our Supreme Court, the Supreme Court of Canada, and even to the Privy Council, and that illimitable expenses would be in- curred which it would bankrupt the city to have to pay, while in cases of nonsuits, actions for persecution might be taken and the city mulcted in heavy damages. We are all aware that our purse-proud police- men, who revelin the munificent salary of $1.00 per day, have nothing better to do with their easily acquired wealth than to sustain the burden of these costs of prose- cution and actions for damages, and it was a creditable as well as a ‘‘cute” act, on

day for appeals to the Supreme Court and the Privy Council is over. The

the part of the Council, to shift the respon- sibility upon their shoulders, and we may

Scott Act has been tested before all the|mow expect to see the prosecutions vigor-

courts, and it is declared Che City Council, the Stipendiary Magis-

duty to perform, viz.—enforce it. Fortunately, resolutions of the City Council are not like laws of the Medes and Persians, fixed and unalterable; and should the Stipendiary Magistrate decide

that prosecutors are liable for all costs of |

Scott Act cases which are not successful, we hope to see the hasty, unecessary

aud folish rewulutiva pavwvd hast evening

| to be law. ; : fone hand is Scylla, in the person of the ; | Stipendiary, wl + trate and the Police have now a simple} : Soe a

ously and energetically enforced. Oa the “Do this or lose

your positions!’ and on the other

| Charybdis, represented by the Council, who lsay: ‘‘Do this and

lose your surplvs iwealth!” “Oh! that our ways were made | plain and our paths straight !” Yours, &., PERPLEXED

THe place to buy your Boots and Shoes jast now is at J. C, Sprague & Co.'s, Dis. count 20 per cent.

| of the law)

that the ambassadors from P. E. Island |

* be}

City Council.

A special meeting of the City Council was held last evening. His Worship the Mayor, His Honor the Recorder, and all the Councillors were present, and the audi- torium was crowded with spectators,

Councillor Kelly moved and Councillor Curtis seconded the following resolution :—

Whereas, It has come to the notice fof this Council, through the press and otherwise, that His Honor the Stipendiary has instructed the police that it is their duty to institute proveedings under the Canada ‘Temperance Act, 1878;

Therefore Resolved, That this Council direct its clerk to inform the Stipendiary Magistrate that no funds of the city shall be expended in any pro- secution instituted under the said Act, nor shall

| the city incur any costs in any prosecution or case,

instituted or commenced by any person under the said Act, or be responsible for damages or costs incurred or paid by ary person by reason of any such prosecution,

This resolution, he thought, would meet the views of the Council, but, if necessary, he would say something further later on.

Councillor Crabbe would like Councillor Kelly to explain the resolution, as he hiim- self could not see its force, neither could he see where the funds of the city were to be paid. As he understood the matter, the police inform the Magistrate of those whom they suspect of selling liquor, the Magistrate orders the summonses to be issued, and no costs are incurred in the niatter,

Councillor Kelly said that if no funds of the city were necessary there was no neces- sity for voting for the resolution, but if the funds were necessary the resolution should be supported. Appeals, costing large sums of money, have been made in the past, and will doubtless be im the future. Appeals have been made from one court to another, which have cost a great deal of money, and if any appeals come up now the money must come from the city, as the city, as pro- secutor, is liable. Over sixty per cent. of the taxpayers are opposed to the funds of the city being paid for this purpose. He could not understand why the city should defray costs of prosecution when the fines went to the Dominion. He contended that the Council had no right to incur any responsibility in the matter,

Councillor T. A. McLean could not see the force of the resolution. He thought it were time enough to bring in the resolution when the city was called upon to pay losses.

Councillor Curtis thought the present the proper time to face the resolution. He would like to know if the people of the city were co be taxed to death to pay for pro- secutions under the Scott Act, a law which was never intended to be carried int» effect if we are responsible it is time we knew ii. He saw by the papers that a demand for money had been made to the Stipendiary Magistrate this morning by Mr. Peters, the Counsel for the defendants in the Scott Act cases, and that the Magistrate had promised to give the matter his attention. The resolution should be met in a manly, straight forward way, and that was the way he intended doing it.

Councillor Crabbe remarked that Coun- cillor Kelly did not fully explain what he meant. He thought the resolution shirked the question, No fines have been imposed under the Scott Act since the passing of the resolution at the last Council meeting anu consequently there have been no appeals. if the cases are not proven there will be no expenses. The threat of Mr. Peters was merely a game of bluff, and he paid little attention to it.

Councillor A. A. McLean contended that if Scott Act cases are appealed from the Stipendiary Magistrate’s court the city should not be responsible for any costs in- curred thereby. The costs of the prosecu- tion should not fall upon the city.

Councillor Morris thought the resolution was all rightand could see no objection to voting for it.

Councillor T. A. McLean took exception

to the resolution and could not vote for it, It is the duty of the oflicers of the law to enforce the law. The Scott Aetis the law of the city and should be enforced the same as other laws, and he could not see why the funds of the city should not go towards en- forcing it as well as other laws. Councillor A. A. McLean said we could not see just now where the costs are to be incurred, but might see to-morrow or next day. He thought the present the proper time to move in the matter before any costs are incurred. The funds of the city are in a low state at present, and no risks should bo run. The policeman makes a charge as a private jcitizen and not as a police officer, and he could not see why the city should defray the expenses should the suit be lost. The party making the complaint should be responsible,

Councillor Kelly said Oounacillor Crabbe knew well enough that the city had to pay over $400 on a case carried to Ottawa, lf the city had carried on prosecutions it would have been responsible for all the losses incurred in the years that are past. As the matter stands now, the city is responsible for all losses which may arise out of Scott Act prosecutions, until such time as a resolution like the one now before the Council is passed, If any damages arose out of the cases now before the court the city would be responsible.

Councillor Curtis said that one case was dismissed by the Stipendiary Magistrate to- day, and the city had to pay witnesses’ fees. Ifa policeman proceeds wrong, and an action for damages is brought against him, should the city be held responsible ?

Councillor Crabbe referred to the $400 bill incurred by the Dominion Alliance. Some one instituted proceedings under the Scott Act in the Magistrate’s Court, and demanded half the fines for so doing. It was contended that the prosecutor had no claim to the fines; the matter was appealed to Ottawa, and it was there decided that the city was the rightful owner of these fines. We have nothing to do with the Canada License Act. If any funds come from cases they go to the city, and no de- mand whatever had been made by the Dominion Government for money collected under the Scott Act. Some years ago upwards of $2,000 in Scott Act fines were received by the City Council from the Stipendiary Magistrate, clearly showing that the city and not the Dominion is en- titled to the money,

Councillor Morris thought that the less said about the Dominion Government's demand the better. He had been told to- day by a leading lawyer that it were better to let well enough alone.

The resolution was then put and carried on the following division :—

Ayes—Morris, Douse, Horne, McRae, A. A. MeLean, Curtis, Kelly —7

Nays—Crabbe, Haszird,T. A. McLean—3.

The by-law for taxing commercial travel- lers was then introduced, and after some discussion the bill was abwndoned,

Counvil adjourned.

a enseiaitads hgh Sha bai - ~ wR,

SEIZURE SALE et. 7th Day of April Next, AT 11 O'CLOCK, A. M. T Customs Appraisers’ Office, WATER A STREET, the undermentioned goods

will be sold for an infraction of the Revenue Laws :—

3

SEIZED. 1 barre] Sugar, 1 do Molasses, 1 do Tamarinds, 2 kegs do Goops UNCLAIMED CoNnSIGNER, QF dsc oss cd ede comets M. A, Murray 2 brie. and 3 boxes Glassware, J. C Bullard b OGM... ccctbwee. cthnevces A. McAlpine 1 box Rowlocks..... meh iene A. McLeod 9 cacks Lacquer. ...... see. 1 case books (mk’d R A L,), Hubbard Bros. 1 box books (mk’d's A A) do do > } case Writing Paper, etc...G, H. Haszard UNS. SIs so on oe vie see S$. W. Crabbe 2 bris. and 2 kegs Glue..... ‘ do ee a ne do J brl. Lamp Black.......... do . I case Sand-paper .......... do JAS. CURRIE, Collector, Custom House, Charlottetown, } March 23rd, 1886 j 8i eod tl apr7

‘TEA AND SOCIAL.

MPXHE Ladies of ZION CHURCH intend holding a Tea and Social in the base- ment of the Church,

On Tuesday, 23rd inst.

They will also have a Refreshment Table at which Ice Cream and other delioacies will be farnished,

Doors open at 5 p. m.

Admission, 10 cents ; Tea and Admission, 25 cents,

March 20, 1886;

SPECIAL SALE, One Week Only,

one A ie

JAS. PATON & COS,

MARKET SQUARE.

E intend to clear out our stock of Print Cottons at prices that cannot be com- peted with.

15 cent Colton reduced to 8 cents per yard, 12 “e fs ae 7 “e sé

10 t. se “es 6 “e e About 10,000 yards in all.

This is a Genuine Mark-down Sale, and you should see these goods.

JAS. PATON & 60.,

SUCCESSORS TQ

W:.A:. WHEKS & CO.

Ch’tewn, March 19 - lwk Is27 = = = 886.

T, & E. KENNY,

‘Dry Goods and Shipping, HALIFAX, CANADA. March 19, 1886.

METHODIST TEA

--AND

FANCY SALE,

WILL BE HELD IN THE

ROLLER RINK,

TE nn

Thursday Next, 25th lust,

FANCY Table, also an Apron Table, ‘', with a large and varied assortment of Ladies’, Misses’ and Children’s Aprons ; a!so a variety of fancy and useful articles. Refreshment ‘Tables well supplied with substantials and delicacies. Doors open at 12, noon; Tea on the tables at 5 o’clock. Oysters served at 9 p. m. Admission 15 cents; Tea, 25 cents. MRS, R. D. COFFIN,

Secretary,

March 18—7i wky li

BARCLAY & CO.

GENERAL Commission & Shipping Merchants,

191 Atlantic Avenue, Boston.

—

‘KNIGHT years’ experience in this market, E Over fifty thousand bushels P. E, I potatoes received by us last fall, Oar patrons all satisfied. Vessels chartered for potato freights at short notice. Write for market reports.

a@ Specialties— Potatoes, Mackerel, Can- ned Lobsters, Eggs.

March 17, ’86—3mo eod

Fiour, Sugar, Oil, &e.

BY Auction, WEDNESDAY, March 24th, at il o‘clock, at my Auction Rooms :—

One carload Flour (superior extra), 1 carload Flour (patent), 25 barrels Vac. Pan Sugar, 30 casks Kerosene Oil, 20 boxes Val. Raisins, 10 boxes Cheese (Factory), 0 boxes Boneless Fish—all of which must be closed out.

aa Terms at Sale.

A. MoNEILL,

Auctiovees,

"28,

1886. | Farmer Hard Luck :—“ What will | do? My family give me no peace on account of the Boots | bring them. ‘They say they are leaky and don’t wear.”

| Farmer Good Fertune :— “My friend. you are right; bad Boots do bring trouble. The Boots I buy give wife and children great satisfaction. If you want te astenish aud please your famiiy buy your next Boots at DORSEY, GOFF & CO,”

Ch’town, March 23, 1885.

Seen omens - a - ———_ ———— wea Se ee ~~ ~ —_—— —

;

|

——

CHRISTY'S LONDON HATS

one

pring Stock Just Opened.

—AT THE—

LENGEN HEUSE!

—_—-——_— a) ae ee

Newest Styles! Lowest Prices! ! enigma anes caps

TAILORING DEPARTMENT—A fine stock of Scotch and English Tweeds and Worsteds to select from,

HARRIS & STEWART SUCCESSORS TO

GaQ, DAVIES & co.

Ch’town, March 22, 1886 —dy & wky

eae i 2 ae = -— es enaes a | 0: $e SE Bac RPE 1LO00O MOURNING GOODS TAPE HATS and BONNETS a Specialty. at 106. cach.

! - | This ie a jo lot of Ladies’ and Chil- BLACK SICILLIENNE, ‘dren’s Hats, Baby Bonnets, &c., bought BLACK GROSGRAIN SILKS, jat a great sacrifice and must be sold at BLACK OTTOMAN SILKS. ee; ang Of the Bonnets with Tinsel BLACK SATIN DUCHESSE, aoe ee ae BLACK BROO’D VELVETS, BLACK LYONS VELVETS, | BLACK LOUIS VELVETEENS, BLACK MERINOS, |

Hamburg Edgings,

BLACK CASHMERES, |200 Patterns to — from. Excellent BLACK SERGES, aien.

BLACK CRAPE CLOTH, [LACE CURTAINS,

BLACK GRENADINE, &c., &., | ROOM PAPER,

CRAPES (Cortauld’s) &e., &c., &. CARPETS,

BEER BROS., 73 & 75 Qaren Street.

Ch’town, March 20, 1886.

6,500 HATS

—AT—

L. E. PROWSE’S,

WILL BE SOLD CHEAP.

°

OST of this stock has been bought at about 30 per cent.

less than regular prices, therefore Big Bargains will be given in every line. For Style, Quality and Low Price we leave all other competitors behind.

PLEASE COME AND SEE

Bet icosceat ka Ne foe

Sigm of the BIG HAT, 74 Queen Street. Ch’tewn, March 20, ’86—eod wky — ~~~

BRITISH WAREHOUSE,

83 QUEEN STREET.

LOO I A A

JAXTRA value for MARCH and APRIL in Table Damasks, Napkins, Sheeting, Pillow Cottons, White and Gray Cottons, Towelings, Tickings, White and Colored Knitting Cottons,

CARPETS AND OILCLOTHS,

1 OASH BMBROIDHERY,

direct from Switzerland, just opened.

A. Le. BROWN.

y

Mervh I7-6i

Ch’town, March 15 —wkly.

ceri Be