PRESCRIPTION DISPENSING OUR SPECIALTY

Ca se Continues In Supreme Court

The hearing of the case of George W. Gardiner vs. the City ,1 Charlottetown, George P. Nich-

‘ 315011 and others continued before we Supreme Court yesterday, with Mr, Justice Arsenault on the Bench. A number oflwltneases were heard, and motions were made by [he defendants’ counsel that 1-lis lordship bring in judgment for ule defendants. The argument by mo plaintiff's attorney followed. court adjourned‘ at 5 o'clock till i1 am. today. John F. Ieightizer, 82 Wcymouth ‘st, master mechanic, C. N. R, the first witness, had been living in a house leased from George W, Gardiner since 1925 to whom till ille summer of 1930 he had paid $25 a month rent. Since 1930 till Dec. 28, 1932, he had paid rent to ueo. P. Nicholson, whom he had recognized as his landlord. Witness ’ had stated to Nicholson that hc was under the impression that, the aity had purchased the property.

Mr. Nicholson had replied that the city could not procure a deed, and that he bad bought tho property. They had gone to Judge Haszard who advised them that the city could not obtain a deed, Mr. Nich- olson had said.

Cross-examined‘ by Mr. K. M. Martin, K. C., witness stated that the city had exercised no author- ily over the payment of rentals.

Witness had seen in one of the local papers where the property bad been bid in by Geo. P. Nichol- son. All receipts had been made on private forms. Apart from ordin- ary wear and teal- the place in which witness was residing was in

l better condition than in 1980.

Bernard McKenna, 287 Rich-

ond St, had occupied tenement since June 1928, when he had leas- ed property from Geo. W. Gardin- er. He had ceased paying rent to Mr. Gardiner in the summer of i930 when Mr. Nicholson had no- tificd witness that all rents were lllyabls to him. Mr. Gardiner had told witness by letter to pay no rent to anybody until he had heard from him.

On cross examination witness said that the house inside was if lnythiug in better condition than it was in 1930. Receipts received were 0n private fomls.

Vernon Gay, 268 Grafton St, had resided in a tenement since Sept. i, i930. Witness had been put in Possession by Geo. Nicholson, to whom he paid $30 rent each month. Geo. W. Gardiner had

, nothing to do with putting witness in possession. Witness had dealt with Nicholson privately. No other son had asked him for rent. In _ 3o the furnace had not been in l! 800d condition as it was at pres- ent. 'I'hc cellar steps were failing in. The interior of the house was i: better condition than it was in 30.

Some children had broken win- dows in the house adjoining. The Dimes had been replaced within a few days.

0n behalf of the defendant ,the 91W of Clnrlotlctown, Mr. K. J. Martin moved for a Judgment for the defendant, as me city had nev- " been in Pflssession of the land. There had been no case proved llllhst City. Possess! -n by the ‘Elly hall been alleged, and lion liven disclaimed by all the tenants. l "no" oath. The lands mill been l “Id l0 George P. Nicholson. The

blaillilff had not proved ils case

lllainst the city, but had definite- ly established the ownership oi’

“some P. Nicholson.

Mr. K. J. Martin moved that a "dlzmcnt be brought ill rol- the de- ‘dml. Geo. P. Nicholson. In this

, "we the city clerk did not tlouch sales of land in any point. The not work of the initial com- blalnt was illegality. Defense de- ‘Jllcd the illelfllity. On the issue of lllclllil)’ made by plaintiff Mr. Martin asked for judgment. The Melisa had but the two deeds on - "Bord before the court, in the

PRESCRIPTION

Pfflfiflllliolls Dispensed here are

lslllred ol’ best results. Onl _ gista with y m“ this obtained from the most rcllnbp sources, and are always fresh mg potent- An all night your disposal.

delivery service. prompt ttention.

Years of experience do work. All Drug Supplies are

service is ‘l, Prompt phone and Mail Orders receive

“LET US SERVE YOU."

J. Ernest ll. Worth

Phone l2.‘

142 Prince St.

statements of claim. Possession was admitted by the defense, but the allegations were denied.

Mr. J. J. Johnson, K. C., in ar- Gument stated that the action had been brought for the recovery of three plots of land to which were added certain other claims. There was also joined certain, other ac- tions. as it was alleged um uio defendant had been put out of his property. Mr. Johnson described the tracts of land. The city had claimed that it had not been in possession of the land. It was the person who was out of possession who brought proceedings against the person who was in possession. But the city had ejected the Plain- tiff, and at the same time, had contended that it never was in posisesion. The city claimed judg- ment when it never had any right in defend the case.

A conclusive documentary title of the plaintiff for the lands had been shown. It was for the defend- ant to show that taxes had been due, that there had been a sale, that the matter had been com- munlcated to the owner. The dc- fense had shown that MrJG. P. Nicholson had purchased thc prop- erty for the City of Charlottetown, with the deed made out for the city, and when it had been found that the city could not get a deed Mr. Nicholson had had the deed made out to himself. For this reas- on the city and Nicholson had been both defendants. It was for His Lordship to decide whether or not Mr. G. P. Nicholson had bought for the city 0r for himself. If he bought for himself it was illegal, if he bought for the city he was a trustee.

Y. BOWLING\-

,. ——.——1l ,1‘. o nanarrsn LEAGUE

( PALS

Hilda Harper .. 110 147 123 Helen Finlayson 167 168 121 L. Duchcmin 142 79 127 Margaret Miller 130 145 ~ 89 E. Sutherland 176 137 75 are s35

TOlHl ... 1930

KAN-DOGS

Olive Lowther . 157 160 109 Inez ltafferty .. 148 114 95 Annie Gamhum 173 130 102 Dorothy Teed .. _ 90 144 106 Jean Crockett 84 84 8D 650 032 561

Total 1843

Majority ‘for Pals I h High single E.‘ Sutherland, 176. High three Annie Garnhuln, 465.

ZIPPERS

J. Howatt 149 121 201 B. Lapthorne .. 165 144 I41 B. Stewart 149 161 80 M. Stewart .... 111 138 91 E. Mallctt 117 103 92 69f 667 605

Total . . . . . . . . . . . . .. 1963

CANUCKS

M. Adams ..... 163 143 137 G. Beer 13G 226 132 J. Cousins . 107 132 110 N. YOUIIKCI‘ 159 142 120 .. 111 ' 103 80

676 746 579

Total . . . . . . . . . . . . . 2001

Majority for Cauucks 38 pins. High singlo G. Beer, 226. High tin-cc G. Beer, 494.

The opera was "Rigoletio," and tho scene that whcrcln K190101441 lesrs his hair and moans because 0f the betrayal of Gilda. T‘W° pretty girls sat in the stalls- "why is he moxlllg such a MB?" one of them asked the other- "My dear," explained her fricnd, "it was a sin in those 0015-"

An American astronomer claims to have dLiwm/Qfed all additional moon revolving round the "I'm-

Fcbrullry 6, 1933, Jlfzl-l A. Iioak, son

of tile late Sil‘ lzh" lP-rlr. Hilli-

fax, N. S.

DUNPIIY-At hllliw.‘ Jlllluriry

28, 1933, K611i.‘ Di llgccl 52, , after a lingering iillli‘. Ills funcr-

a1 was hold on Moulkvv, January

WZXGL V.‘ 1B it? l;

WE DISPENSAE ANY gilt-IDEAL GUARDIAN‘

Th]; column In reserved for (till-oil's: County new: n! local interest but all- vorilnlng of o newn! natura- may he Inger-loll no 4 cent: a worrl nirll-lly llnynblo in advance-

ENJOYABLE DANCE - A big dance was held in Emerald hull on Feb. 3rd, with a large attendance. 'I.'hir music was furnished by An- thony Gallant, of Freetown and Sll Arsenault, of Emerald. Some very clever step dancing by Géorac Ar- senault of Emerald and Jim Mc- Guigan ‘of xlnkol-a and little Miss Nora Arscnault, of Emerald Junc- tion, was enjoyed.

CHILDREN'S AID SOCIETY — A meeting of the Children's Aid Society was held yesterday after- noon with thc President, lion. Dr. W. J‘. P. Machflilan presiding. A number of matters in connection withvchild welfare were considered. A resolution of sympathy was ex- tended to thc relatives of thc lute Mr. L. E. Shaw, former agent of the Society.

LAID T0 REST-There passed away at Tryon early Saturday morning, Feb. 4, Martha Gouldrup. widow of Thomas Gamble, who had reached almost her 89th year. Mrs. Gamble was sick only a few days prior to which she was bright and interesting in conversation. Her funeral service conducted by ‘her pastor, Rev. F. S. Crosslnan, was held Sunday afternoon from thc Tryon Baptist Church, in which she had laboured many years, and was one of its most efficient mem- bers. Interment was in the West- morland Baptist Cemetery. She leaves to moum one daughter, Mrs. Flora Clark, who cared for her for a number of years, one sister, Mrs. Wm. Muirhead, now residing in Boston, also a number of nephews and nieces. To tile bereaved relat- ivcs The Guardian extends sluccrc sympathy.

MEETING OF _TIIE MINISTER- IAL ASSOCIATION-The P. E. I. Ministerial Association met in St. Pours Hall on the 6th inst, with a fair attendance, In the absence of President Chisholm of Hazel-

BIRTHS

I-‘RANCIS- At Westmoreland, Jan.

Francis, a daughter, Ella Josephine.

14, ma, to Mr. and Mrs. Harold Mayhcw, a daughter, Jesisievlitath- eryn. ,

WILLIS-At Kingston, Fill. 6, 1933 to Mr. and Mrs. Cimrle; Willis B son, Melvin Flllscl".

DEATHS

BOAK-At MOIJiI‘, Alllbluna, on

30th, to Saint Lluvrrllecs Church. Interment Morcll.

WISNliR-ln this cily, Fob. 4, 1033, Mary Wisllcr, zlgcd 91, widow of the Ialc Capt. James Wisner. Funeral from her late residence, 88 Sydney Sh, Tuesday morning at 8.45 lo St. Dunsinns Basilica, thence by rcud io Vernon River for interment.

MACLEAN—At St. Paul's llospi- tal, Saskaicoll. on Sunday, Febru- ary 5Lh,i1\Il‘S. A. G. ltfalrlmuu, (nee Laura. Mdlar». Funeral will b9 held from llcr lute lcsidvnlzc ill Raynlore on Vvclllznsdrly, Fcbrilllry 8th. Interlucllt nt Saskatoon.

Card of Thanks

Mrs. Thomas Gormlnl llud family wish to thank the lnauy l:ind neigh- bours and friends who assisted ihcln 1n their recent sad bereavement. Also those who gnvc Mass Cards nnd Errors of sympathy. 7962-2-7-11.

IN MEMURIAM

In loving mcnlory "f MRS. ANNIE GARRICK Who dfimrled this life Feb. 7th, 1924 Inserted by her Family.

21, 1933, to Mr. and Mrs. Harold v

PACKAGE

A Full-bodied n. combinln

Outhouse and Raymond conducted devotional exercises. Dr. Vincent, treasurer of the committee ap-

the week of prayer, gave the fin- ancial report of the five meetings held at the beginning of thc year, as follows; Total contributions re- ceived $137.00. Disbursements to the following objects: P. E. I. Hm- pital, $66.80; Evangelical Alliance. $33.00.‘ Bible Society. $30.00; ex- penses (printing, etc.) $7.42. The report was received and adopted. and the diligence of the committee commended, as receipts were in ad- vauco of previous years. Dr. Coffin was the ‘efficient leader in a. dis- cussion on the “Oxford Group Movement" which was interesting and instructive. The president con- veyed the thanks of the meeting to Dr. Coffin for his clear presen- tation of the subject. Meeting ad- journed to meet again at the call of the president and secretary on the first Monday of March.

PERSONALS

Pilot Walter Fowler of the Cun- adian Airways lcft at 12.40 (noon) yesterday in the Puss Moth plane on the initial trip this season, car- rying 300 lbs. mall for the Magdal- ene Islands. If conditions will-rant the large planc will lcavc today with ills balance. l —_-—-

Friends will regret to learn that was rushed to the City Hospital

immediately for appendicitis. Ills condition is reported satisfactory.

IIAWYLTON SCIIOOL CON CERT

D. MacLean

UNDERTAREB l snowman

N.

Charlottetown and ' North Wlltshlro

Phone I40

We understand that he ls lmlndat‘ 0d Wm, mqumw-as to where he

got the sluff from.

teacher and pupils

ccrt, assisted by some of thc young people of the dist-riot. The hall was? beautifully decorated for the occas- ion with cvergrcclls and other Christmas trimmings

lvir. John Sllllpscll presided as chairman and at tile hour or eight o'clock called the audience m ord- er wlth the following program:

Instrumental music. Mrs, Preston Ramsay, Ccdcrlc Owen, Elmer Phillips.

Chorus, Old Santa Claus.

Welcome Drill, Alfred Ramsay. Heath Brycnion, Marion Stewart, John Champion, Keith Ramsay, Doris Stewart. Clifford Ramsay.

Recitation, A Song cf Cilrlstnlas, Muriel Stewart.

Dialogue, The Sick Doll, Lcita Ramsay, Ruth Taylor.

Duet, Reuben and Rachel. Eliza- beth Ramsay and Harold Ramsay:

Recitation, Writing to Santa Claus, Glendon Orozier.

Dialogue. The Last Day of School, by pupils.

Recitation. Ma and the Auto, Harry Taylor.

Drill, Christmas Stockings. pupils.

Dialogue, The First shave. Bar- bara Woodside, Elizabeth Rnmsoyg John Owen, Harold Ramsay. '

Recitation, A Small Boy‘; Pro- test, Earle Ramsay.

Intermission and S815 of candy.

Instrumental music.

Recitation, Making People Mcr‘ ry, Loita Ramsay.

Dialogue, Entertaining Slstcrts Beau, Janie Champion, Ruth Tay- lor, charlie Stewart, Wendell cro- zicr.

Stop Dancing,‘ Bruce Stewart. Duct, sparking Peggy Jane, Elva Stewart, John Owen.

Recitation, A Joke on Pa, George Bryenton.

Drill, Christmas Shoppers. pupils.

Dialogue, Getting Ready for a Visit, Elva. Stewart. Elizabeth Ramsay, Harry Taylor.»

Recitation, The Twenty 5‘xtl'1, Lea Champion.

Duct, Mr. Clcck. Elizabeth Ram- say, Harold Ramsay.

Christmas Drill by pupils.

Chorus. Santa Claus is Coming.

At the conclusion of the pro- gram Santa Claus appeared in. his

b)‘

b?

prettily decorated Christmas trvc presented nice gifts to thc rancher and pupils.

Much cmdlt is due the teacher,

brook, Dr. Vincent presided. Messrs. ‘

pointed to make arrangements for‘

Mr. Leo Doucette cf noudlli Bros,‘

usual happy manner and from a '

CENTS pa! HALF LB. PACKAGE .

idepcndsbiliiv with low pole:

would elliion 6015f;

TUESDAY 3.110 "Illusion Band, regular nlcct- iugfsociul Hall. 7.00~&.'ulliur C. G. I. T., meeting-Social Hall. l‘ 7.30 WV. M. S. Study Class, regular lllizrtlng-l-Iolnc of Mrs. Mc- Nlill‘, 265 Richmond Si.

regular

Veteran Expert- Propoullds Cure Ill Fishery Ills

HALIFAX, Feb. 3——(CP.)-Re- lldjllsblllfllli; 01' grunts fol" fisher- mcuZs-bouiltics, permission to the New England fleets- to cull-r and trade at Nova Scotill. poits, and direct routing of fish for the domes- ilc trade-those are the cardlrlul points ill M. ll. Nickel-son's pro- gramme fcr revival of the fisher- men's prosperity in this province.

Mr. Nickerson, formerly director of fisheries for Nova Scotia and a v-tcrsu fishcrnlun null dealer, has given notice that "ll bill will be introduced at illc next session 0i the Provincial Legislature, an Act To Incorporate Tile Fishery Col- lcciiycs of Nova Srotin." For, he writes, tllc fisllcrnlcll shippers must be duly incorporated. The scope of the act will cover all mercantile fishstufls; the intent, to enable thc IISIICPIIICII lo conduct their own ex- port shipments. Mt‘. Nickerson

‘Sunday and operated on almost founded tilolFLshcl-nlelrs Union ol

Nova Stolla early in the century, nnd hc says he knows, from suc- ccssful cxpcrinlcntll, llolv it can be dcnc,

He points out foul‘ years’ iucouw from the Halifax Award, paid by the United States for thc use of

Oil the evening of Dec. 20 thc Maritime fishing grounds by tile of Hanlilicn Gloucester flccl, yvas never turned MAYHEW — Al; New London, Jan, l, School gave a very enjoyable con- over to Canadian fishermen in tllc

form of bountics, as the arrange- myntnylls. That sum amounta to $649,000. The question was raised 10 years ago and resolutions pass- cd in Nluvu S o‘ill and New Brun-

pl-iaiicn of [110 llnlouui. '1'1lu claim was not pressed iurillor at the lime. Now Ml". NiCkfTSOll would like t0 see that Ziillfiilllli. sot aside for pos- sible use in llll: cstablisllnlcnt 0! thc fishing and shipping “s‘zlnds" he proposes.

Tile father or fishcmlcuts unions

hug- long born n proponent 0i open- ing Nova scciilus ports to New Eng- land fishing vcsvla for Ilurlalsl-s of bail buying and the laying ill of. supplies. Tllc George III treaty’, ill ifs- cillbzlrgo provisions, he says, docs not apply "in lhé cillzcils of any slab: that is friendly to His Brit" ionic Majesty." And cvcu if the United Stall»; were unfriendly, he wants to kuow wily Seattle halibut- crs arc allowed i0 use Prince Rup- crt when Bcstnll IIHdLIOCKCTS may not come in to the coastal towns on the Maritime coast. “The value of such intercourse," he writes, "is convincingly shown by the official rocfirds for thc ycars 1918 mid 1010, \\‘ilL‘il thc haddock- ors wcrc lot in us n yvzu‘ nlcasurc. Nova Scoiinflq sllllrc of ihc fish: earnings for each year was $15,000,- 000 in round numbers. Lwl year it was $6,000,000, CDCllillg the ))Cl'i,S ns a pcncc nlcasurc now will be a more certain menus or recovery"

On the question of what he forms "direct routing" ivir. Nickcrson fav- ors the transportation of fish 1117111 wcsicrn Novu. Scoiio. from Yur- mouth to Bosioll in steamers now plying tho route, which have rc- frigcration, and illcncc by rail t0 Montreal. In lilai, wwv lilo Product could be dcllvcrl-ll " >' hours from the fishing grfilllld."

Other poiiiis ill his plan call for a. standing Iii-‘IIFYIPS conunilice ill the lggjglglllrq [q krcp ill close touch with the collcl-tivl- silluds ho pro- poses.

ing and successful training: of her pupils.

The organism were Miss Jrnll (Mvcn and Preston Ramsay.

The concrr; \\'.l.\ illull brought t0 a clo=e by silluilly: thc National Anthem, when mlvh one rciumcd to their rcspcclil-c llmncs, feeling they had mjlrvvli .’l good entertain-

fol- iilc evening Mrs.

swick A551 nlblics, calling fol‘ appro-l of bodily condition o. Vuonstitu-

Science Writer)

IVIONTREAL, Feb. 0.-—(A.P.) - Discovcry that vitamins apparently are helpless in improving health without fllfi of a “silent partner" in the stoluucil -— perhaps improving understanding of how food ilffccts disease-Avila, reported today before the Amcriclm College of Physicians.

Experiments seem lo show, said Dr. William l3. Castle of Boston City Hospital, that action of some vitamins in curing “deficiency dis- cases" depends on the llclp of a mysterious process in the patients digestive tract. some “deficiency” diseases are anemia, rlckcis, scurvy and beri-bcrl.

Dr. Castle described his discov- eries in the John Phillips Memorial Prize Oration. The John Phillips memorial prize of $1,000 has been awarded to him by the College of Physicians for this work.

Hope of preventing and curing disease in the future in a new way, lby changing the "constitution" of ‘ illc body, was described by Dr. Mil- lard Smith, of Boston. Dr. William B. Wherry, of Cincinnati, Ohio, told of successful experiments in fight- ing infection by reducing the “sen- sitivity” of the body to attacks of germs.

Dr. Casilcfs discoveries of how vitluulns work were made in con- nection with anemia. He found that some types of anemia fli)])E\i'l‘lllI_V can result citlll-l‘ from hurl; ofillc proper vitamin in food or failure of the “silent partner” in the stomach to digest the vitamin, or both vita- min "B" found in the liver, yeast, svhcat germ. milk and spinach, scclus to be the vitumirl whose lack causes these types of anemia.

If this is true, hc said, “ u. new concept of the relation of certain vitamins to the conditions caused by their lack would sccm to be ill- voivcll. '

“The action of a vitamin in cur-

lug a deficiency may thus be essen- I tlally dependent upon a specific pro- ,ccss in thc gastro-iutcstinal tract. |lllld the deficiency’ slate not so much a deficiency ill the dict as n . deficiency of a. creation in the gas- tro-illtcstinal tract or elsewhere lni the body." ,

Dcvcloplneuts of some diseases ric-

‘DDIIGS on existence of a ccrtuill type

l

lion," Dr. Millard Smilll reported. and they can be prcvcntrli or curecl by learning how to change this “constitution! '

For cxalnplc. llc said, sick lloucl- uchcs, epilepsy, thc heart discuss known as angina pcctorls, asthma, colitis, vasiic ulcer and even manic depressive illsnnliv are due to the} same “basic constitutional (IiSiUYlJ-w nnlzc. Hcncc diseases believed by physicians for ycnl-s to be entirely separate, zlffcctiug cliiicrcilt organs of the body, are really ill some cases the Sflllli‘ disease.