'i-T15 "'4-3W

PAGE FOURTEEN

THE GUARDIAN.

CHARLOTTETOWN

W DECEMBER 12.. 1951'

i I

If K

,,u)r:rxxxxxx,,

X X X . ' X x I ' .. r us ll diiUllS x x D X Ii tr X X . X ,. Santa X X X "TWINKLI YOES"-.I X X 11 pair of iinqiinu Dixie hit hootiu ., . . X X twlnlrlo-bright with ,, Elizabeth Ardon'I X creamicr, longenliniinq )( lipstick . . . AND a i( iawol-tapped Poriumuir X Y filled with wonderful x "Blue Grass" or "My X Love” perfume .. . H.013 X r X C X X X X X x k X I x , X o d- O x .-2 4. X x . J N x X ) i Ci-ti'iISIMA5CANDlE..; X you ll kindle her love for N7. p w-tli thin be-ribboncd X be-iowellad candle... gay r. as Christmas itiell ...with X it if.1317'?3S3C'S..:f-7'Z7"i' X 1. "My love" fragrance . . n X p S150 X l M i ” EN AN DRUG C0.

"SERVICE TO THE SICK"

D We Deliver -

Mnil Orticr Do: i

Two School Groups

On Parade Program

Two school chorus groups HP-

Schurmans School ,

peared on I

Parade last Friday. one belnf: from Kensington. grades four and five, the other the Cape

Traverse School. grades seven to ten. Both groups offered P1685- ing selections as did the others who appeared on the talent part of the programme.

The other schools who had con- testants on the programme were Miscouche Convent. Hamilton and St. Eleanors.

The always popular Scholastic Quiz brought together two 1 to 3. classroom schools. Travellers Rest. and Crapaud. Alter two rounds of play both teams had perfect scores. In the third round Crapaud School moved ahead by a score of 14 to 12 and by the end or the fourth and final round the Crapaud School increased its lead to 18 to 14. The Cravpaud team had three representatives who had perfect scores for the evening. They were Erwin Mac- Donald. Barry Davison and Ar- lene Macvitty.

The ”Dollars for Scholars” win- ners were Harold Rowe of the Summer-side High School who submitted the winning question and Billie MacKay of the Travel- lers Rest team.

The winning team from.Ci'apaud was composed or Erwin MaeDon- ald. Joyce Ccinficld. Arlene Mac- Vitty. Barry Davison. Margaret MacDonald. And the Travellers Rest School team has as its schol- ars Billy MacKay. Joan Walker, Herbert Moasc. Robert MacDon- iiiri. Frances Pillman.

The programme which lhe Schurmans School Parade will

feature for this week is a presen- ltation by the Eilerslic-Bidefoid ischool chorus of the beautiful story of the Nativity and also the 2 nal playoffs of the coveted

1 churmans School Parade inter- -scholastic silver and bronze quiz lshields. The programme will be over CJRW at the hour of 7:30 PM. Friday, December Mth.-S.

READY FOR VVORST

AMHERST. N. S.-(CF)-A new piece of equipment here, a salt

i At Summersiiie

Magistrate's court

In County Magistrate's Court yesterday morning before Magis- trate R. S. Hinton. evldcncc was continued in the fisheries case that had bccii adjourned on Fri- day. Evidence was taken from four witnesses, and the case was further adjourned until Friday of ,this week.

In an nssniilt ciisc a youth from Freetown dimbcyed ll summons ,hy failing to iippcnr, nnd ll bench 'w.'irrnnt was issued for his arrest. Three partics from the Alber- ton area appeared. Onc, charged with being intiixicntcd in a pith- lic pliice, was iinctl twenty dol- lnrs and costs or fiftccn dnys; II scconii, cliiirgcii with linvini: illog- iil possession of intoxicating liquor was fined twenty-five dol- lars and costs or one month; and

the third, charged with consum- ing iiiioxicnlim: licvcnigcs in or zihout ii motor cur was fined

twenty tlollms and costs or

month in Jail

011?

from page 1

. it. is necessary to oiitiine their hislm',v since the Act of 1835 received the Royal assent.

At that time, the Lieutenant.- Governor was, in fact. the Colon- ial Governor of the Island. His Majesty's Council (appointed pro- visionally by the Governor. nnd ult- imately by the Home Government) performed not only executive but also legislative functions.

By Lettcrs Patent under the Great Seal of the United Kingdom ,lvmrinc date at Wcstminsicr lfith 'Doccmber 1838. Her Malesly ::r:mt- ed and dccinretl that there should he thcnccforth. within this Island. two distinct and separate coun- c” to be respectively called the L'":islaiivn Council and the Excr- ittive Council. The powers rnrmcrly .ve.r-tcd in the Council of the Is- Liillld. so for ns rcspcctcd the en- 'aciment of laws. were thcrcbv ;vested in the Legislative Council cnrl all ntlier nowers of the form- cr joint Council were ihcreby vest- ml in ilir i”-Jxccuiive Council.

The functions of the Court. of IDivorce were assumed by the new -Executive Council and ihnt'Courl

This distinction. if pertinent. strengthens. rather than weakens. the view that the conferring of jurisdiction in divorce matters falls w'thin the administration of just- ice in this Province. Because, if a Province can confer upon I Pro- vincial Court the power of ad- ministering (in an appellate cap- rcity or otherwise), a substantive divorce law enacted by the Par- liament of Canada. it is more cer- tain a Provincial Legislature can confer a corresponding jurisdiction where the' substmtive law is of purely Provincial application, and results from the continuance of I i.I.'e-Confederation Colonial enact- nicnt.

Manitoba 'DeciaIona

The reasoning in the Manitoba decisions is the more cogent, and in the absence of Dominion legis- lation conferring jurisdiction and regulating procedure in divorce and matrimonial causes. a Provincial Legislature may confer such juris- diction on a provlnclally constit- uted Court. and may regulate the procedure therein. To hold other- wise would lead analogously to the conclusion that Provincial statutes conferring jurisdiction on Provin- c:al courts must be construed not tn extend to cases concerning such a subject as (e.g.) bills of ex- change. for the reason that such subject is substaiitially under the legislative jurisdiction of the Do- n:i'nion.

Legislatures in New Brunswick and Nova scotin may not. since Confederation, have attempted dir- eclly to confer new divorce juris- diction on the Courts of those Prov- inces hut in 1948 Nova Scotia changed the constitution of the Court for Divorce and Matrimon- ial Causes from a single judge or- dinary to such of the judges of the Supreme Court as the Governor General may from time to time ajipolnt. A somewhat similar am- endment was made in New Brun- swick in l938.

The Chief Jiislice dwelt with the objection of Mr. MacPhcc that the priuxers of the Council were quasi- lcgislativc following the then prac- tice in England of divorce by priv- ate act of Parliament, holding that the Court of Divorce does not leg- ii-lntc but decides upon specifically enacted and limited grounds.

Power of Legislature

King's Supreme Court of Judica- ture ia therefore an appropriate court to receive divorce jurisdiction and the Provincial Legislature has the power to confer such jurisdic- tion in the absence of Dominion legislation in the same field. ' The Chief Justice concluded: "rhe only authority of the Do- rziinion Parliament to establish courts is under B.N.A. Act 101.

and that power exists only in rc- ,

spect to the administration of the laws of Canada. Our law of divorce is a law of only Provincial applica- tion. and has its origin in a pre- Confederation colonial statute. It is therefore open to doubt whether the Dominion could constitute I court, or confer jurisdiction on an existing court, for the purpose of administering such a. law. Although unquestionably the Dominion may txnzstitute courts. or confer juris- diction on an existing Dominion or Provincial courts. for purposes ancillary to Dominion substantive enactments, even if the Dominion thereby trenches upon what would ordinarily be the subject matter of provincial legislation, I have not been shown any authority for the proposition that the Dominion can create A court or confer jurisdic- tion on an existing provincial court. for the enforcement of a statute of colonial-origin and mere- ly' province-wide application. If the Dominion cannot. then on the principle .. . 'that the powers distributed between the Dominion on the one hand and the Province on the other hand cover the whole aiea of self-government within the whole area of Canada', the power of conferring jurisdiction must re- side in the provincial legislature."

"I would answer the question of this Reference in the affirmative."

ILKSEY. Engli-ind-- (CPl- An apartment in this Yorkshire town was offered rent free. The catch is that it's on a hill' with no bus service. and tenants are cxpccted to carry out domestic duties at a nearby hostel.

NOTICE

In our endeavour for im- provement at The Cameo Theatre. we have, for your entertainment installed a new Sound System.

We ask for your future

WESTERN 6llARllIF.ll

-UQMPETENT Complete In- Iurance service. W. Boyd Beairsto. Kenslngton.

-UNLOADING car of Tuesday and Wednesday. Maccaull, Carleton. ,

-LADIES' SAMPLE DRESSES. Cloth and Station Wagon Coats. Housecoats. ”louses. 'sweatera. Nylons, always the lowest prices. Ma L. Frank MacKenzie, Summer- at e.

-JOINT DIEETING w A joint meeting of the Evening Circle and Young Ladies Guild of the Summerside Presbyterian Church was held on Monday evening in the Hall. Mrs. B. D. Coffin pre- sided over the Worship Service of the W.M.S. which opt-ncd with the singing of a Christmas carol. The Scripture lesson was read by Miss Wlllene MacLean, followed by n edltation by Miss Con- stance nman and prayer by Mrs. Mark Gaudct. Jr. After the sing-

KINIIIZIJ

COFFEE

)UIfI ltiI'4IlIIiIl' IiI..,NI

Wanted

AT OUR NEW PLANT Thousands of Pounds CHICKEN and FOWL,

coal Ralph

Live or Dressed. Paying Highest Market

ing of a hymn a short business Pg-ices,

period was conducted by cacti

group with Mrs. Henry Bishop JFNKINS BROS. presiding over the Young Lndles' I LTD' Guild. The remainder of the cvc- Sunnnefgide

ning was spent in contests and , games, as well us n. humorous reading by Mrs. J. S. Perry.

which was much appreciated. Dc-

liclous refreshments were served 9' the ladies in charge.--S. BORDEN Presents

"MY DREAM IS YOURS” Color by Technicolor Starring Jack Carson, Doris Day and Lee Bowman. with Adolphe Menjou, Eve Arden,

and S. Z. Sakall. Showing Tuesday and Wed- nesday. Dec. 11th and 12th, 7:15 and 9:15 P.M.

KENSINGTON

Wednesday and Tl1lll'S(iil)' 7:15-91! The Real Korciin Story! Hits hard at your heart!

"THE STEEL HELMET" Starring Robert Hutton, Steve Brodie, James Edwards. Hats off to the touizhcst. rough- cst bunch of guys who cvvr i-.-iilcd themselves U. S. Inf.'tntt'y.

CAPITOL Summon-side

Playing Today (Wednesday) Only 7:15-9:15

, . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . .

;1

1.50 .. 2.00

Steerhlde belts with assort-

ed buckles. 2 '50

Price .. ..... .-....

'r0P-LEFT - i -

SHIRTS - - Finn hrn;irlcluiIi shirts with his fnvoritr coi- lar style. Button and French cuffs. Prices range from

3.95 .. 6.95

in plain slinrles. ussorinicni of silks in plains,

Also lnrge

slripcs nml pnisicys. Price

rnmzc frnni

3-50 to

l.l'2lt"l' - - -

TIES -- A l:ii'nc :is.I0t'tniriIr. of plain. nil-over patterns. polka riots. psilslr-ya, etc.

Price range from

1.00 .. 2.00

Hundreds of gifts for men, including Gloves, Hosiery, Braces, Sweaters, - at popular prices.

Jacki-to

ll.MAll'

too war to saliva: YOU

and patterns. Large choice

oi colors. Price

2.98 .. 4.50

RIGIIT - - - JEVVELLI-IRY - - Cuff

and tie. clasp sets. 'Price

2.50 .. 3.50

links boxed.

equally to the conferring of in gen- eral jurisdiction to hear matrim- onial causes in the first instance.

There is. of course, one distinc- tion to be drawn between the alt- uation in British Columbia and that in Manitoba. namely that the aubstnntlve law of divorce in Man- itoba was introduced by Dominion enactment after Confederation whereas the British Columbia auth- aiantive law (as our owm was a continuation of the law prevailing when --British Columbia joined Confederation.

.-

am RAILWAY! Australia ha: a total of 27,076 miles of government or state nil- wayii.

OWBRIDGFS

ltinl 2626 5 . - if no court were ossessed of 0 .. . pieader. has be placed in pe - sat intermittentl, tl C f.d - , D. , , . Si ”"ER5""'- iation with the ifiirpnse of kcgpiii; li'Jl'l. The last. rt-i(':oiuirIl1crll cage! :lt'i(l::l:P statutory pow" '0 ad,m""st” th” P3tr0n3ge- . : at lstreets free of ice and snow dur-ICon'edcriition is appnrcntiv Cnpel 3'5iPt':g?Il1tl;I;bui;iV :”fw?cn,;Ece'i0Juiif: Thank you. I " I r K x X x x .. x .. a r llanzntulgnwiggerlrgrggglig 1;;3,,;m;.:,,,(;e;;:',,;t;,L?6;,, gj?gg;d;;”';,";; principle on 'down by 1...... mi: The 1g;'::!ffEn'::am 5 Illluoav or wnarnnauao 54 width of so feet. Majesty-in-Council as nrovided 1 r dim” in 3”” "- 3”” ”919l iii - l - -- VHV i-,,., we EMA. A3,. mm and H39 D.L.R. is, presumably be vested Kensington, P. E. I. 3 gt p,n,u;,.y3 u g1"... ; I inlnt addresses of the Senate House in me Km?” Courts of Justicu The ' s ' 'r'l'1'!V'e -'SS'ie!'H'SUHSSiK5I-!t'II'l'I an-can '0 of Cnmmons. Legislative 'C0ul1Clii-"W71 : : liand Legislative Assembly. pi-ovid-i 1 .. 2 int: for the continuity of Courts? I : e ' -' ' fand of the Legislature. ; . 2 i After Confederation . : I KEiiSlll(iT0il i'.E.l. ; 9 ; l”Fxl'0IE the time of Coriife)-drwritloiil. 0 w k S I ' & , , K1 '0 'Pl'E HO SPSSIUIIS 0 TC COUN - V ' Inf Divorce until May 1946. since ne ea Fee a s eargnce "es " 3 ' . j that date, the Court has been ' P ' Lnldlng rccular sittings under the to 3 , -Q 2 Hi i ii" fth Chi t. , . . . - - ,f..l.”.,”'.'.'2,?”.,;'.3,."..,.,f,, .,”i.,”,,l;iff,f, Ladiesl Winter COATS:--Sizes 111.4,. to 191,1... Reg. ; . ; in.” the Court. i.ndr-r rlcpuiing mm- 3342.00 l0 5349.50-Clearing -------------------------------- -- - 35-00 : 1- I h'””i”"5 '5-Md b-V "W ”9”""”"" Ladies' HANDBAGS-Colors grcy wine, navv, brown, ' in "'0'" Pit-Wit! "' : Governor. The personnel of the bl k R (Br 95 S ecial i ' g4 75 I . Court has continued to comprise ac i , eg' '9' T P . ; iiiiiiiiiii """""" iiiii " T : JAMES wHnM0RE.NANcy DAVIS : i five members of His Majesty's Ex- 207,, Discount on all Ladies and Childrens Sweaters . . E ecutive Council. Penguin sock yARN..4 oz, skein ,,,,,,,,,,,,,,,,,,,,,,,, .. 95c ; -v-ucmttsscurttt--o-on-Mco-usuuunuu: : g'...-.?S”.f.;?.?Ei1:l1?'K..iI .?.:r:,::r'.l:: cum means. 1 in an-2o. 2 tbs. .............. .. mo 5 ---l'll'1ll,l,,l,llf,l51t,l,l,;,,n,-;,-,,-,:ltIf W ; F i s'i'ostanilvc law of divorce mid the 2 Only-Menis SUITS-Sizes 38 and 40. Regular - ' i - ” CM-rt having turlsdlctlon to ad- 5565.00-clearing ................................................ .. 3340.00 ,m:nister it continued the same as 1 I Coats Park- . had p,,,.,,,,u,,1., been m Mae "1 207,, Discount on all Men s Station Wagon , , ithe pre-Confederation Colony. 35 and Jackets- . ALSO LATEST NEWS OF THE DAY ., 2' . r. . o u - - ng -. P1::1l::E”8"I::;;l:12tE'llA:l ":9 207,, Discount on all Boys Parkas and Jackets. TI-I ,confer concurrent jurisdiction in 2 OnlyW.MenS SheePSk'" Lmed COATS Sues 36l6a& PLAYING THURSDAY ONLY ii, matrimonial causes iinon the SlI- 38TSPeC'a1 ---- -- E ' "THE MAGNlFlCENT YANKEE. nilllemt C011” Of the Province The Assortment of Women's Leather FLIGHT .BO0TS- f. 9319599" i" is-5"" ""y”” m'””"”" Sizes 6, 7. 8. Reg. 5810.50 and S1250-Clearing at 558.50 with Louis Camem A i. uhether the Proilncial Leglsla- . )l.4illrC can validly pass auch cnact- SKATEs"'Cl93rmg at Reduced Prices 13::-.1: nis. Women's sizes 3, 4. 5-Clearing ................ ..'. ....... .. 357.95 - i It i. d . , . , . - ' ;lPt!islsftiznmtiiigtgribingoiihcsigiiasi2:: Menxs sizes 6' 11-'F:le&rmg ' E950 , ltive law of divorce is exclusively BOYS 51295 5'mCle31'm8 -- P7-95 '10d3.V -- gitlgil-a the fiugisdicduon of the Youths' Sizes 11. 12. 13-Clearing .................... .. 35.95 Thursday . at ar.amen. n a . It L .1. . . . . j.-.i...m..i ti... ...."”Df,'....,...,..i 33:? Misses' Sizes 12. 13. 1-Clearing .......................... .. 3i6.9o H , ;':tamtt-liit hgs lnc:wcr to set! up courts Special Discount on all Toys, Christmas Cards ' ' E or c it m n straiion 0 any div- ' I ' ' Jame lwslanon which it may MSSV 3:? Christmas Decorations as we are clearing them 1 or confcr such jurisdiction on ex- ' ' l ,1-itinc Provincial Courts. But the - - 1 Dominion has not passed any sub- N(),w,IN STOCK F0R.GHRl,sTMAs GIFTS 40,0; , ,.. Msiantive divorce law applicablc Ladies Nylon Hose. Slips. Nightgowns. Pyiamas. m..r. mm net-n mm in. litre Irjilviiii tlicJsi:1i;'1lie lexccptlon of Panties. Head Squares and Blouses; Ladies' and Chil- - ' a v , y , i ' - nioirlias 3'5-5v3ini'5io3”ias?3 l”f.: 5313.333 ?-3335;; 13i3.Z.T's'.i?Sf5'3:Eif'&BllSfSr d l. t di th. ' ' " - ' ' ,?....S.iiZiiS2”.i'"3.. Eiitinclii. .1 Menls and Women's F1ishtBoots- j other, Courts to administer divorcc ALSO :1 ' laws. 'T 1 5' 'c'-I'5't""" I'M" . FOOTWEAR-For All The Family. , Going at length into the case law Prices Right for the Quality. . on the subject of legislative pow- . - airs. dthc lchicff Justice noted that 9 ie ecis nns o the British Colum- bio and Manitoba courts respect- T0l'-BELTS . . 3 'mr niuii'r-.ui:n-ti.i:ns . CENT!!! - . I Lififghg" :,:;v;'ni:;;:1”'ie::51:'::rsgwfg P E I BELTS - Alligator piilivrn Ml,'FFl.ERS- -Wool mufflers confer appellate jurisdiction in I ' ' ' belts with chrome huclcies. SPORT SHIRTS - In plains matrimonial causes would apply

TONIC"

COUGHS - COIDS

'0PlND Y

(Including llhlrdlyll 0:00 Ln. to I20. pa. Also Tuesday Inning! 1:00 pm. In 0:00 gun.

lNl.IS'I' TODAY - ROYAL CANADIAN AIR FORCE

It. c. A.'r-. iiscauinuo UNIT N... Located In The

JOURNAL IUILDING

i ' smmiinsma. P. 12.1. ' Phone 3223