iuva. lmufi U

Iflilllllfifim’ ‘worsen Chi-l‘

snowplow Brows Gull- .

on Highways

_ between chariot“-

__ I and Bordenvls open. and as in: Welt

, with buses travelling mug“ ygtefdfly. THO other highway is only 09w lottetown llld Him-

giver. “'11,. main road between Char- Mygwwn and Montllue is 01ml. uyywugh considerable '- MBIBI II

“u; w be done. and will be car- flad out dlLIIflI will.

The highway between Montague. cu-Qjgan and Georgetown was not m,‘ my, night, and blows are ‘muted to break M11011!!! W “w”

today.

If.‘ Wood Islands routs is 0P0“ "maslilldomnndtbis road is “preps Io be open neat tnmeh u, wood Islands indw-

mee plows rmkinl W911‘ ‘"7 ma: from Sour-is to Charlottetown m wednesday were held h? 0"!‘ night st Midgell due to the storm. 111m plows were e to .1!- rive back here late last nilhtthlil’ my, m1; morning, makinl I mflwny open between woeall Ind “momma/n, with the rerun-in- qu- of the route to Bouris expect- m u; be opened W mdiY-

Ian Smith To Star 0n Ford Theatre Play

n; eeeawell with; radio s1"- ducar with xenyon 6| WWW" m formerly 11 °1 “may; Detroit office. plays the ma role of the Bishw in ‘W0 Theatre's" production of “Th! pomp wsbehaves" on Sunday. nay-nary n, to be heard over crcv from 0:00 until 7:00 p.m.

Born in India in 10M. W. anith was educated in England. e ie e, graduate of IIIIIBOIOIII-h College in Wiltshire, a school or- iginally established for the educa- tion of sons of clerflmm- M E boy he used to play sol! with W- Iivingston Ingram. then Bishop ef london. l-lia condrmstion was attended by the Bishop of Salis- bury, the Bishop of Beth l! We“! and the Bishop of London. e

Prom 1022 to 1024 Snflth ll I stalwart of the nirmlneha-m Re- pertory appeared in numerous stage plays in Brita-in. In Canada he was an actor and WOW"! with the Canadian Broadlcaeillflfl eystem. During the recent war he enlisted for service in the R-A- 1'. and flow, with the funk 01 Captain, as a navigeknr in the ‘lraneatlantin ferry commend.

(m. Smith formerly worked lri Glarlottetown at R. T. Holman Irimmd. Ho appeared in Little ‘lheatre productions hers and on many radio programmes).

liew Operation In Mental Gases

OEATTLII, Feb. l9—(AP).—T\v0 members of the Western State Hospital medical staff Rewind that e simple operation through the eye socket had produced "very Worthwhile changes’ in most of 1411 acutely disturbed mental ps-

Tha two doctors, Charles ‘I. Jones and James C. Shanklin, told s medical meeting last night of apparent success in air; months of pioneering work at the insti- tiltion.

The operation is known as s trans-orbital lobotomy. It is per- formed by inserting en Knit-fil- mebi resembling an lee pick/under the eyelid and into the frontal lobe of the brain. Certain nerve fihrea are severed.

A_

"In, usneusre. n sures:

m m

com-t yesterday‘ t was given by Chief

the case of Bitrrr Dwyer, Queen's County jailer. Following ls the text of the judgment:

Tbh is an appeal from s decis- ion of Duffy, Clo.Ct.J., allowing an appeal by the present respondent from an order of the Lieutenant- Governor - ire-Council, dismissing him from his permanent public service position as keeper of the Queens County Jail.

Appeal-Dismissed In, Case Of CrovvnVersirs Quecn’s County Jailor

in ground for

The Gtntral Guardian

Ihlllllllaleeareellorssswa Olleellheeeeahbuialversilngof alewaynaturs lnlylsa lug-egg sifiveoentaasvord y”. ablslaadvanos.

portunity of presentilfi an anllq- to the charge made alnat hm.

It seams ta me that e proceed- ings to date are at moat a rsullity, and that if there is a. gsrmisse dismissal of the Nslvondent. the appellant could Dwceed afresh without being mill-diced by any r-ola od res judicata or by my atatutp 0g limitations. On the other hand, an allowance of the present appeal, and introduction of evidence for the first time at the stage of the second appeal. would have the effect of placing this Court inthe position of a judge cf first instance on issues of fact which have not

The appointment and dismissal of public servants is normally an, ldmizsistratlve, rather than a; judicial, function. The difference between these tyo functions was discussed by Roach. J.A., in Re. Brown and _ Brock and Rentals Adixnlndstrator (mo) sp.r..n.s24.l with the implied approval of the‘ Ontario Court of Appeal as to his] opinion. At page 833, Roach, J.A., uses the following quotations to point the contrast: “A judicial tri-bumcll looks for. some law to guide it; an admin- istrative tribunal, within its prov- ince, is a larw lmto ltselfg" "in contrast, non burials of the type called ‘Admin- istrative’ lsave invariably based their decisions and orders, not on legal rights and liabilities, but on policy and expediency."

On the s/ppeal, Robertson, C.J.O.. at page 335, says: a “The Rentals Administrator la to decide in ltlch a case as this whether or not it is in the public interest that the particular lease in question should be given ex- emption from ‘the order....Hls position was simply that of admin- latratm- in these circuanstances, whose duty and fimctiuns were to do sa public interest ndght seem to require. and his functions were

m; mt judicial in their character."

‘Idle Court of Appeal agreedwith the grounds upon whlclf Mr. Justice Roach had based his view that the order confirmed was one which could not be mode the sub- ject of proceedings by certlorarl.

' The Lieutcnant-Governur-irr- Council, within hm province, is the sole judge of public interest. There are, however, fields in which priv- ate rkihrts are apt to come into conflict with the public interest. An example is the granting or re- turning of a licence to operate n motor vehicle; and in that instance the Highway Traffic Act pTOVIduS the right of appeal to one who is aggrieved by an euiministraiive re- fusai.

Similarly, the Public Service Act, 1937, eepzfl, recognizes a certain legal interest vested in pubdic servants oi the category defined as "permanent." 5.4 pru- vides that “no dismissal of a per- manent public servant shall be nude, except for some of the fol- lowing reasons: Inccmpetency or neglect in performance of duty. disclosure of official secrets or breach of confidence, political pairtisamship. as hereinnfbcr defin- ed, or other misconduct." This recognized indlvlrhral right i5 sup- ported in s.7 by the right ni’ mp- peai, from. dismissal, to the County Court of Queens County. The subsequent appeal to this Court wider am Act Respecting Ap- peals, 1940, Cap. 5.

On this appeal. Evidence for the appellant was taken in view of the fact that some of the proposed witnesses were about to leave the Province, but that evidence \vlll not be considered until the quest- ion or its admisaafillty is de- tervmined.

The reason given by the respond- ent to the appellant in his notice 0f dismissal is set forth in s Min- ute-in-Ccuncil dated August 21st, 1041, as follows: '

"Council having un-der consider- ation evidence to the effect that Burs Dwyer, gaoler, Queens Coun- ty Gaol. did om or about the 12th day o! August 1047, make a false report to Constoible JJ. Butler of the City of Charlottetown Police Force and to Corporal A.W. King and Constable L. Larvnnn of the Royal Cunadien Mounted Police impacting a motor vehicle accid- en-t. did and doth hereby order ideqflths services of the said Bur: Dwyu, Gao er, Queens County Gaol, be are hereby dispensed vriiih, effective September 50th,.

1.967." ., I presume that the intention of " ‘ was to dis-

tba seem a."

mieewths ie-iler on the general flew‘; j “(other ndseoudilt.” III anger, the ‘learned County Court Juqe, however. held that the charge sat forth. in the. Mlilbildie-

Jicrsrscil was not sufficient to ab; tbs matter within anyof the seasons for dismissal set out in a.4 C the Public Service Act.

I-lia Honours reason seems to ea well-founded. as the around of dilniaeal doe! not state whether the false report was made in the comes of the jsiler-‘a duty. or whether it was made falsely to his

. or whether it was made with‘ an intent to mislead jmtioe. n in what other respect. if any. it butt! misconduct on the Dart

has‘: ' hln u» the ooatuamrnheatan

Chisel.- th A thatth l-Oef veyetpo-orida‘ w:

UIIMWMGUMUMI» olrosmats ‘were

shall “as m- It»!

previously been considered.

If a conflict arises between the public interest and the vested fight of an individual, the courts will interfere only to the extent of seeing that the individuals rights are duly considered. But whereas in this instance, the stated grounds of dismissal rtrc apparently in- formal,‘ and the employee was not given mny opportunity of marking Oils defence or answer, this Court of second appeal will not rectify the proceedings by the hearing of testimony which was not given full considxrrztiion below.

The appeal is thercforedismiss-

judicial tri- ed

Counsel In the case were, for the appellant, Hon. F. A. Large, Art- torney General and G. R. Holmes, and for the respondent, L. P. O’- Donnell.

FIGURES ARE (Continued from Page l)

was particularly difficult for him_ this your because he had a terrible time In the spring in planting."

Figures Quoted

Invoices entered as exhibits showed ‘TS-pound bugs of cabbage sold last Nov. 11 for $1.36 each. By Nov. 20 the price had risen to $2; four days later it was $2.50. Other cabbage - "there was un- douhiedly a difference in quality" —s01d Jan. 5 at $3. Jan. 0's: high as $5.

Mr. Reynolds said unwashed carrots sold lust Oct, 33 for $1 a bushel. At Nov. 28 the price was $262.50; at‘ Jan, 30, $250-$235- $3.15; lit Fob. 12. _ ‘

Other‘ invoices showed these cel- ery prices: Nov. 8, 51.50-32.25 a cane; Nnl‘. 20, $3.50~$'i.75; D_ec_ 22,- 3250 $4.50: Dec. 27, $3~l$4. A fur- ther market report, up to as late as Jon. 23. showed celery at $15-$10.

Earlier the conunlttee completed for the time belxg hearing evid- cncc from George Christensen, national director of ‘the Foods DlVISIOIl of the Retail Merchants Association of Canada. who made the charges against the wholesal- ers, especially in citrus fruits.

Before he left the stand, he told the conmilttve it had "taken ad.- vantagc of me, slandered-me and made a fool of me."

This precipitated an uproar and Ralph Maybtmlc (L.—-Winnipeg Souzll Centre» acting Committee chnirnrsn, had difficulty getting order and at the same time assur- ing the witness that he was under a. misapprehension.

The Prices Board's new order will “materially change" the sat- isfactory profit situation of the wholesalers. IVE‘- REYYIOIBIS 531d when he took the stand._

He continued:

"Unless this is followed by dome relaxation in the import ban on fruits and vegetables, th position of the average wholesaler will be precarious."

German Generals Sentenced To Prison

NUERNBERG. Germany. Feb. l0—(AP)—An United States mil‘. tury trllnmal today sentenced Field Marshal Wilhelm List to lire imprisonment for his acts as Ger- man commander in the Balkals.

Seven other high German rniir- tary leadcrs also were convicted and sentenced. Two Zenerals were acquitted.

The defendants were accused of being responsible for the killing of an estimated 63.000 hosts!“ m Greece, Yuiloslavia and Alibi firns od these kulinss. the coin ruled, were mass murder-

Lisifs close associate, Gen. Wal- ter Kuntze, also was ntencod t0 life imprisonment.

Other sentences included:

Con. Lothar Randulic and Con. Wilhelm Speidei, 00 years.

ash. Hubert Lsnz. 11 veere-

Gen. Helmut Felmy. l0 yBI-Yl-

Gen. Ernest Von Leyacr. 10 vol"-

Gen. Ernest Dehner. ‘I veers-

li. S. Oouunodltios Oontinua l Price “Ollals

\ _._-- . CHICAGO, Feb. 1e -- (AP)- Many major ted States oom- moditiee today continued a mod- est priee climb that started est- urday and two bl: steel producers hiked prices on emf-finished

A ‘slight average upturn in iha

m markets this week indicated that

the recent general commodity price slump is over. at inst fem- porariiy, and that the _houeowife‘e food costs may level olf some- what below peeks of a month lea

some individual eeenmodittss continued to-mrotirsts sharply. Butter tool: soother

nosedive.- in the Chicago and New ‘Ofl WHOIIQ“ Iflllfll. “I1

u; A very fine birthday cake

sumnva raxr. Pbcna as.

comlnrraauon un m. lUH-ANCI. -

‘ wanna. COATS-Specials, mm ease to eosoo. at as. McDonald's.

ODD i childrflfs winter coaia at B. A. McDonald's, es. ODDFILLOWI ATTENTION 1 Initiation Wildey lodge tonight. A RACK of children's dredge; skirts at $1.00. B. A. McDon- a. '

A FEW DRESSES Worth In $18.95. sale price $5.00 at S. A. McDonald's, .

RAINCOATE W011i! from $14.95 I30 $18.95. clearing at $8.95 at, 3,5, McDonald's.

onrmcrr sanvrca, , Feb. 22: New Glassow Christian Church. 11 a.m-; Fredericton. s pm; Breadalbane, 7.30 p.m. Rev. W- G- Qulsley. preacher,

NORTH RIVER. PASTORATE- Service for Sunday, February 02: Fairy/low. 11 a.m.;' North River, a P-llh; Long Cmdr, 730 p.m. s, Ackland. speaker,

HAMPTON United Church Pas- toral Charge: Services for Sun- dfly. Fob. 32nd: Bonshaw, 11 a.m,; De Sable. 8 p-m-z Victoria, vso. Y. P. U. at Bonshavv ‘Iklesd-ay, 24; Victoria Friday, 27; both at s o‘. vlvck- writer 'r. a. Head, an.

l8 CONVALESCING Mrs. Hi1"? G. Ferguson, Charlottetown, is progressing favorably in m, Prince Bid/ward Island Hospital af- ter her recent iYIness. Her host of friends wish a speedy recovery.

PRESBYTERIAN cnvlwn m CANAL“. — Services for Sunday, February 22nd. at follows: Mt. Stewart 11 A. M. Highfleld 3 P, M, Marslsfiold 7.30 P. M. Rev. I". N. Youn-B. Minister.

FUNERAL AT UNION ROAD a. The funeral of the late Mrs, ‘IEW, PT°W5e was held from Union Road United Church yesterday after- noon. The services were conducted by the Rev. T.W. Wllaon, Inter- ment was In the Church cemetery. The pail-bearers were Harry New- man. John MacKlnnon. Jansen Mound. Harold You, A. Mallet, B.C. Hardy,

nab cross srnaxrzn _ m. Col. Leo F. Macdonald will be the guest speaker at the annual meet- ing of the P. E. I. Division of the Canadian Red Cross Society at the Charlottetown Hotel oh< Tues. day next at noon. The Charlotte- town Klwanis Club, which will head up the new Red Cross Blood Transfusion Unit in Prince Ed- ward Island. under the chairman- ship of Lt. Col. MacDonald, will meet jointly with the Red Cross on- this occasion.

PROPERTY PURCHASED The Dominion Experimental Sta- tion has purchased the Carter property. consisting of approxim- ately one acre of land and which is located near the Malpeque Road. Thou-gin small in area, the prop- erty is considered a valuable sc- quisitlon by officials at the Exper- imental Farm since the property is contiguous to that owned by tha Farm.

FUNERAL YESTERDAY - The funeral of the late Mrs. D.A. Mac- Kinncn was held from St. James Presbyterian Church yesterday af- ternoon vihera service was con- ducted by Rev. T-H. Budsell Som- ors. Interment was In the People's Cemetery. Pallbearers were Charla Earle, W.A. Stewart, Percy Keen an, D. Bethune, J.T. Robison, AW. I-Iyndman.

OBSERVE ANNIVERSARY Members of Empire Lodge No. 10, Knights of Pythias, observed the 84th anniversar of the founding cf their order in Castle Hall, Graf- ton Street last evening. Ovar 100 Knights, Pythian Sisters and friends were present. The evening's entertainment consisted of danc- ing and cards, which was greatly ehiflyed by all. Lunch was served. Wll brought in by the Chancellor, Commander Arthur Affleck and cut by Eircellent Chief of the Py- thian Sisters, Mrs. James Brady. Music was furnished g‘ the East- ern Rhythm Boys. lghts and Pythian sisters will attend divine service in a body on lllndayrnorn- in! at Zion Church in honor of their natal _day.

DP’! QABIY II-IIND 11%‘. Ont. -—(CP)- Cl! Mt

brokeifnel-icenteapoundia Chicago to 7| cents-lowest since November. In New York. the priosaroyeede l-fltoll-lcen The National Association of - tail Grocers said a country-wide ulearaehie ,of is be! cit- iea showed retsi food prices had fallen for the second successive week. lbaving cream joined the

price cutting parade. Carnegie-Illinois ltssi Orlpor- atlen and Ieihlshera Oom- hand prises o! as finished a an - manners laid the action did not y

‘lenge was expressed in the atti-

tlll- ,1,“ ,1 flee Alberta Legislature.

the creased 00.000000

1.2."... li ...................

Stresses lsnportasace 0G Youth Training

Scout a Gui

"We ‘hob wear-m of soone- ine and Braiding is ‘designed w develop the individual ae an in- dividual and ll l lllelul member of a Christian Democracy," stated Ma L. W. Shaw, Provincial Direc- tor o! Education and guest speak- er at the annual dinner of Guid- ers and Bcouters at the Char- lottetown Hotel last night,

The dinner, the most largely attended in a great number of YEW. was presided over by 1.1a.- Col. W. W. Reid. D.S.O., ED, Pro- vincial Commissioner of the Boy scouts. The Guide representatives- were led by their Provincial Com- missioner Mrs. J. Gordon Mac- Donald, while heading Scout offi. cials was Provincial _President Major N. W. Lowther. MM. Among the guests was His Worship Mayor B. Earle MacDonald, 0.3.111.

llrfr. Shaw in his opening re- marks stressed the splendid op- portunity leaders of the move- ment had in dealing with youth, and the great responsibility it en- tailed. He sa.w, today, a. broader, more comprehensive and healthier attitude to the problem of train- ing youth.

The Director of Education felt that at no time was reqionslbillty greater in youth training and that the job of Scout and Guide leaders was eminently worth while. Years ago, he added, youth accepted what their elders sald. Today, responsible youth were challenging the community.

“If we persist in teaching about citizenship rather than in citizen- ship then we aro not going to get very far, but if we so organize a section of cur youth and teach not Just theory but the practical end, we will be successful."

In stressing the importance of youth training Mir. Shaw cited the effect of Nazi teaching 6n Ger- man youth and how the very op-

posite results were obtained through a long range policy for citizenship in a true Christian Democracy.

The Director felt that the chal-

tuda of an airman who on return from overseas told the story of his struggle for existence in pra- war years and how youth was not wanted, but when war came they were needed. and money for traili- ing seemed no object. The airman‘ ventured to a youth committee chairman the question, "Are we coming back to the same?"

Mr. Show counselled Bcoutera and Gulders not to expect to seej the fruits of their efforts like tho engineer who can see the results‘ of his bridge building, but rathc. like the teacher who in contrast stated “I do not build bridges, but build the builders of bridges." He also warned his listeners that.

_-GI

At dc Dinner

Olty hospital rlunlor League Monthly Meeting

The regular meeting of the Jim. ior League was held February 17th at the Nurses’ Home of tho on“- lotteiown Homaital,

The minutes of the prgvjpug "Ni-in! were read and approved.

Letters acknowledging gift; ‘my donations were received from Mrs. Frank Macmillan, the Bis- ters of the Precious Blood Mouse- my. and Sisters of the Social Service.

0o the motion of M", John Connolly. seconded by Mrs. wgl- ter Lawlor, it was decided to i;- vest $200.00 in Dominion of Can- ada Savings Bonds.

Mrs. B. H. Hughes reported on the number of articles turned into the Hospital for use in the Nurs. ery since the last meeting, Jan, 39th. which were as fcllows:—51 blank"!- 30 51111155. 18 dresses. 6 rubber sheets. 8 crib covers, 2 bundles of me .

Mrs. John Connolly, of the Ways and Means Committee, reported they raised $95.00 durlnfl the month from a dance hem in the Whalers Memorial Hall, February 10th, and the sale of sandwiches at the Saint. Dunstanu Senior Prom held Roby. 2nd.

It was moved by Miss Hilda Jenkins, seconded by Mrs. George Chandler, that a card party be held at the Nurses’ Home during the month of February. The pro- ceeds are to be used to purchase a tri-llght lamp for the Nurses‘ Residence.

0n motion of Mrs. Jack Mac- Eachern. seconded by Mrs. Lester O'Donnell, it was decided to hold a silver tea in conjunction with a sale of candy, knitted goods and novelties. around the first of Ap- ril" at the Charlottetown Hospital Nurses’ Training school.

1t was moved by ma. B. H. Hughes, seconded by Mrs. Fred Shannon, that the League investi- gato the possibility of selling candy at the Little Theatre Guild play to be held in April. '

Tea committee for the meeting was Mrs. Reginald Cronin and Miss Helen Conway.

On the motion of Mn. Fred Shannon, seconded by Mrs. Harry Conway, the meeting adjourned.

IIIGIIIIES SIIOW

(Continued from Page 1)

as youth sought rights and priv- lleges under democracy they musti also be willing to accept respon-' sibllity. Mr. Shaw expressed pleasure atI the Guides and Scouts co-operat-r ing

more and more in public favor-