I as

County Court Judgment In Liquor Permit Cancellation

Following is the text of a Judg-

ment handed down yesterday by Judge C. st. Clair Trainer in the Queen's County Court on an ap- peal by Joseph Leonard Gallant. 30 Cedar Street. Summer ” . from an Order of t.he'P.E.1. Tem- perance Commission cancelling tiis permit. The judge ruled that the Temperance Commission had legal authority for the cancella- tion: . Although any appeal which is authorized by Section 21 (4) of The Temperance Aet is to a County Court Judge the. jurisdic- lion thereby conferred. ls exercis- ed by virtue of section 21 of The County Act. defining the jurisdic- tion of the Court.

Joseph Leonard Gallant. herein- after referred to as the Appellant. resides at 30 Cedar Street in the Town of Summerside in Prince County and. prior to me 21st of January, 1955, was the holder of an individual Liquor Permit. No. 30920 issued to him under the provisions of The Temperance Act

by the Temperance Commission, 7'

hereinafter referred to as The Commission. which by the said Act is vested with the power of issuing Liquor Permits and has an office in Charlottetown in Queens County where the busi- ness of issuing such Permits is carried on.

On the 21 of January, 1055. the following notice was sent to the appellant by the Commission:

"To Joscph Leonard Gallant of

Lit) Ccdar Street. Summcrsidc. Prince County. Prince Edward island.

"You are hereby notified that your permit Number 30920 for the purchase of liquor under the Prince Edward Island Temperance Act is hereby cancelled (the fol- lowing words being struck out tsuspcnded for the period of .. month from the date of last con- vicil(tn').

"Dated at Charlottetown this list day of January A.D. 1955.

tSgd.I B. J. Haywood

Member of the Prince Edward

island Temperance Commission.

"Section 22 of The Temperance Act read as.follows: lUpon re- ccipt of notice of the suspension of his permit. the holder of the permit shall forthwith deliver up the permit to the Commission.'

”Pieaae govern yourself accord- ingly."

11054 AMENDMENT

Against the above cancellation the appellant asserts the appeal tiiiuer the provision of Section 21 (4) of the Temperance Act as enacted by 1954 chapter 85 section 3 which is as follows:

oil If any person is aggrieved by the suspension or cancellation of ii permit under this section. he may. after giving the Commis- sion notice oi his intention to do an. appeal to the County Court Judge of the County Court of the county in which any office where the business of the Commission with respect to the issuing of permits is carried on is situate. and on such appeal the Judge iiiiu make such order as he thinks lit and any order so made shall be binding on the Commis- atoll.

Section 21 as It existed before Lina above amendment is as fol-

NSC

21 11) Where the holder of a permit issued under this Act vio- iates this Act or the regulations. or is an intardlctad person. or is otherwise disqualified from hold- ing a permit. the Commission "PO11 proof to its satisfaction of the fact. or existence of the vio- lation, interidiction or disqualifi- cation and in its discretion with or without any hearing, may. by writing under the hand of any member of the Commission. sua- pend the permit and all rights of the. holder thereunder for such ttcriod as the Commission sees fit. or may cancel the permit.

Then follow sub-secti 2 and I which are irrelevant to this hearing.

Counsel for title Commission "fled that I am without Juris- diction to hear this appeal be- cause the cancellation of the per- mit was not made under the pro- visions of section 21 but under the -general powers of the Com- HIISIIDII to cancel permits given under other provisions of the Act. ONLY ONE WITNESS CALLED

Mr. B. J. Haywood. Chairman M the Commission. was the only

, the appellant is clearly within the

e-

witness called. He stated that the Commission had cancelled the ap- pe1lant's liquor permit under the Temperance Act generally and that there were .aeveral other

” including i is un- der which the Commission, in its discretion. could cancel liquor permits. lie gave evidence of two convictions which had been made against the appellant for infrac- tions of the Temperance Act. but that these were as far back as 1952 and should not be made the

haps willingly because it suited his contention. that there were no factors in the case upon which a cancellation might properly be made under section 21. in fact. 1 am fully satisfied that the ap- pellant's permit was cancelled be- cause of his close association with his father who Mr. Hay- wood believes to be and has been in illicit liquor business. but a-

basis. of a cancellation of a per- g mit in 1955. He also stated. per- -

Ml.

Meilick wit

an . -

L

gainst whom a prosecution had recently been taken and had been ' issed by the Magistrate. Counsel for the appellant urged. among other things, that for the fact that in the notice sent to the appellant of the cancellation of his permit the words at the bottom thereof referring to sec- tion 22 of the Temperance Act had not been deleted there was some evidence of the cancellation having been made under section 21. in my opinion. although sec- tion 22 follows immediately after 21. its provisions have no more direct relation to the provisions of section 21 than to those of any other section of the act dealing with the same or like subject matter.

The right of appeal exists only by statute and jurisdiction on ap- Deal can only be exercised when

provisions of the statute conferr- ing the right of appeal. in the face of Mr. Haywood's evidence ltcannot be said that. in cancell- ing the appellant's permit. the Commission acted wholly under the provisions of section 21 and. therefore. I must examine the

of appeal provided.

peal found in section B (7! of the Highway Traffic Act. 1956 Chap- ter 2. Rinfret. J., as he was then. said in the case of the provincial secretary of P. E. I. V. Egan 11941! 3 D.L.R. 305 at p. 314. "That sub-section gives a right of appeal to the County Court Judge to 'any person aggrieved by the refusal of the Department to grant a license under this section." To my mind the words tunder this section' qualify both the refusal of the Department to grant a license and the revoca- tion of a license. it must have been a refusal or revocation un- der this sectlon.' to wit. under S.S. of The Highway Traffic Act." it foiiovvs. therefore. if there

lant's permit under section 21 there can be no appeal to the Judge of the County Court under section 21 14).

Section 15 of The Temperance Act deals with the granting of the various kinds of liquor per- mits and the fees payable for each and it concludes with sub- section 4 as follows:

to Notwithstanding any other provisions of this Act. the Com- mission in its discretion. may cancel any subsisting rmit or refuse or direct any oficial au- thorized to issue permits to re- fuse to issue a permit to any person and no official so directed shall issue any such permit.

Counsel for the appellant urges that there is only one section in the Temperance Act by which Liquor Permits may be cancelled or suspended and this is section

general provisions found in sub- section 4 of section 15 are, follow- ing the maxium generalla special- ibus derogant. restricted by the words of section 21. If I under- stood his argument correctly his contention was that the words "notwithstanding any other pro- visions of this Act". found at the beginning of subsection 4 of sec- tion 15 are intended'to mean that. although the Commission or its agents may grant liquor permits. the Commission may. neverthe- less cancel them in the manner and in the circumstances set out

view. ' ”any otiicr provisions of this Act" cannot be held to have application to one set of relevant provisions in the Act and not to anothci. As far back as 1857, Lord Wensley- dale. BR. 1216 at page 1234 said:

11Ilpl'CSSE(I the. rule, sally adop ed. at least in Courts of Law in Hall. that in construing wills and indeed statutes, and all instruments. the grammatical and nrdinarly to be adhered to. unless would lead to some absurdity. or some repugnance or inconsistency. in which case the grammatical amt ordinary sense of the word may be modified so as to avoid that absurdity and but no further".

INTERPRETATION

21. He contends that the very 49.- . Commission in the restricted cir-

cumstances set out in section '21. yet no such review is permitted wlieu a cancellation is made un- der section 15 discretion be exercised on proper legal principles or not. From this it must be inferred that the dis- cretion vested in the Commission can only

dencr fully a conviction in a court of law. but it is well settled that discre- tionary power given to a public officer must not be exercised

in my opitiion. the words

in Grey Cs. Fearson. 10

"i have been long and deeply with the wisdom of ow. I believe. univer- the Westminster written

sense of the words is that

inconsistcnoy

OF WORD it seems to me that when the

Legislature made use of the word "notwithstanding" ning of the sub-section its plain act as to the extent of the rightlaiid In dealingiintciitioii to give to the Temper- with a similar provision for ap-lance Comniission a general power and control over pcrmits regard- less of what might be found else- where in the Act.

at th e begin-

ordinary meaning shows an

in dealing further with coun-

sel's contention that section 21 is the controlling section in the mat- ter nf suspending or licenses or permits. attention may be drawn to the fact that section 50 provides that when the Com- mission receives an order of in- terdiction against any permit holder. it shall cancel his permit, while under the provisions of sec- tion 2i the Conimissinn may can- cel the permit. that it can be held that thc com- pulsory powars of section 50 are overridden or permissive powers of section 21 was no cancellation of the appei- tit.

ctiiiccllini!

I do not think

modified by the

I. thcrel'tirc. tiiid mysclf obliged

to hold that the appellate PF"- visions of section 21 stricter! g mission made under that section. and that section 13 14! powers of cancellation ant of it. And. since the evidence does not disclose that the appel- lant's permit wholly under section 21 no ap- peal lies under section 21 (ft and the application must' be dismiss- ed.

141 are re- to actions of the Crim-

contains independ-

was cancelled

While the privilege of granting

or refusing a right of appeal is solely the prerogative of the LOS- isiature. I am, with respect. call- ing attention to the which now exists. if my decision be correct. namely. that while an appeal lies from an order of in- terdiction made by a Justice Nita? a judicial inquiry under section

situation,

and from an order of the whether the

(4)

be exercised on evi- sufficieni to sustain

in section 21. I do not share that Capricimmy or arbitrarily"

Eastern Guardian

SCHARLOTTETOWN 0 P T 0- METRISTS will remain open all day Wednesday and close Satur- day afternoon beginning March first.

Curling Schedule For Montague

Today's draw at the Monlaguc Curling Club:-

6:30 p.m. Judge Dcslioches vs. Wililani MacLean; G. G. Gordon vs.. L. H. Poole.

8.00 p.m. Ladies; At. aid vs. A. A. Fraser.

9.30 p.m. J. A. lIlat'l.(-an vs. Homer Moare; D. Mc-Gowan vs. Sandy MacDonald.

MacDon-

Georgetown

and Mrs. Chester Walk- er. Mrs. Maurice Donavon. Mr. and Mrs. Alec MacKinnon. Mrs. J. W. Lavcrs and Miss Corine Lavcrs. motored to Charlotte- town Iast week.

Mr. John C. Hancock of Mur- ray River and Mr. C. C. Han- cock of Belle River were recent business visitors to Georgetown.

Miss Gertrude Fitzgerald oi Nolre Dame Academy was the week-end guest of her parents. Mr. and Mrs. W. .1. Fitzgerald. She had as her guest. Miss Ethel McEwen of Rollo Bay. who is also a student at Notre Dame.

Miss Joan Murphy. student at Prince of Wales College was the guest of her mother. Mrs. Anges Murphy. during the past week- end.

Miss Helen Martcli. student at Notre Dame Academy and Miss Vcrna Martell. student at Prince of Wales College were week-end guests of their parents. Mr. and Mrs. William S. Martell.

Dr. and Mrs. A. E. inns and family of Mnntaizuc. were visit- ors on Fcb. 20. of Mrs. lngs' parents. Mr. and Mrs. George Mair.

Mr. Howard Walker. Mr. Ches- ter Walker and Mr. Gordon Ross were business visitors to Char- lottetown on Feb. 18.

Captain Helge Larsen is present employed on the ferry at Borden.

Mrs. Edward Bulpiit of Rose- neath is visiting her daughter. Mrs. H. Larsen. -AC.

..tMr.

at car

U. S. Pro Golfers Ass'n Schedule

CHICAGO (AP)-A 5629.000 summer schedule including four new tournaments was announced Saturday by the U. S. Profession- al Golfer's Association.

The new events including the British Columbia Open. a, 315.- 00t) tournament. to be held in Vancouver June 29-July

Other tournaments being held in Canada are the Canadian Open Aug.17-20 in Toronto. with 320,000 in prize money. and the gsltgtltl Open at Montreal Aiig.

lnladditinn to the s. 1:. Open.

. Anniversary Party

Left to rgiht: Mrs. Everett Jenkins. Mrs. Malcolm MacRac. Mrs. W- J. Mulch. Mrs. J. E. MacEachern, Mrs. Laura Clapp, Mrs. Willard Jenkins, Mrs. W. J. Macl-Zachern.

-Photo by Margaret Mallett.

Last night at the Queen Hotel niciiibt-its of the Mt. Meilick W.I. with their husbands and other guests gathered to celebrate the twenty-fifth anniversary of their Institute.

A delicious hot turkey dinner uas enjoyed. The large. attrac- iivciy decorated anniversary cake nus ctit by Mrs. W. J. Mutch, uho was thc institutes first pre- sidenl when it was organized on February 21. 1930.

Following dinner. the program opened with The island Hymn. The president. lilrs. Edmund Ro- bertson. reviewed briefly the highlights of the work accom- plished by this institute in the

past. In memory of the members who had died. one minute's sil-

ence was observed.

An important part of the pro- gram was the presentation of sterling silver P.F..l. W. 1. pins to four Charter Members. Mrs. W. J. Mutch. Mrs. W. A. Mac- Rae. Mrs. J. E. MacEachern and Mrs. Everett Jenkins. all of whom are still active and enthusiastic workers.

The presentation. on beiiaif of the present membership. was made by Mrs. W. J. .iiacEa- chci'ii. with Mrs. Jack lilacliac. Mrs. Edward Wood. iiirs. Arden Richards and Mrs. Lodge Lane reading the citations.

Special guests were Mrs. Wil- lard Jenkins of Pownal and Mrs. Laura Clapp of Charlottetown.

A lively sing-song was conduct- ed with Mrs. Jack MacRae as pianist.

Games were eiijoyed by all. and the evening was brought to a close with the singing of Auld Lang Sync and The National Anthem.

GEORGETOWN C. W. L.

..r'i'he monthly meeting of the Georgetown C. W. L. was held on Feb. 1. The president. Mrs. P. L. Boitdreauit. presided. The meeting was opened by League Prayer by the director. Rev. 0. Kiggins.

Correspondence consisting of the following letters was then read by the secretary Mrs. J. B. Scuily. Mrs. Lydia Linklettcr. Provincial Director. Girl Guides Association; Mrs. R. L. Burge. Magazine Convener; Mrs. Basil MacDonald. Diocesan President. re: C.W.L. work in general; Miss lphegenie Arsenault acknowledg- ing receipt of spiritual banquet and donations on behalf of Wei- fare. etc.. for new Bishop Mac- Eachern: Mrs. Diocesan Convener Our Lady's Missionairies: Mrs. Mathias Mur- ray. Convener Education; Mr.

Lincoln Dewar on behalf of March of Dimes. A paper read by Sr. Mary Peter, C.S.S.R.. at

Regional Conference at Kinkora was left over to be read at the March meeting.

Social Service Convener, Mrs. W. J. Fitzgerald reported the committees were very active dur- ing the past month. Mrs. P. J. DeLory. convener of good read- ing passed along some good read- ing matter.

Altar Society workers for Feb- ruary 1st and 2nd week. Mrs. Acnt-as MacDonald and Mrs. Agnes Murphy; Zird and 4th week. Miss Janie Batchilder and Miss Berniece DeLory.

the new events are the Hot. Springs Open in Arkansas and the Miller Open at Milwaukee and the Cavalcade of Golf at West- ficid, N. J.

' Yes for paid by the

many low cost plans.

. Reliance Life and Casual being offered to the people of Prince icai and doctor bills paid at borne as well as in

For "Round The Clock" protection enquire about

THOUSANDS OF FOLKS SAY: "You Can Always RELY ON RELIANCE"-

yeara thousands of people have had their hospital and doctor bills

ny. NOW this same protection is Island. You can now get your med- the hospital .

Com wa

For further particulars clip coupon and mail to:

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fXXA7

It-341A I-7NLt7VE-250 06,5 ;,x passxxvfi P

455:. T00

ITS IT was A 1”" "'"

Hqen It was satin now in vrivrrt

Daniel Mullins. 2

Angeli and Dtinionc Are Newlyweds

"Answers Tcib'ed

In Legislature !

The following questions and ans- wers were tabled yesterday in the Legislature:

Question--Mr. Frank Myers:

1. What is meant by Farm ini- provement Service which spent 851,471.71. Please give a break- down how it was spent.

Answer:

(It The Service Division of the ment was established in the Spring

Farm liiiprovciiient

at reasonable rates. necessary equipment for stumping. clearing. ditching. etc. The original equip- ment consisted of 2 Cali-rpiiiar D6 Tractors and Bulldozc-rs. One additional machine was each of the following two . making a total of 4 machines en- gaged In the work for the past two years.

Following is a brt-akdowii of the cxpenditures: Director's Salary 19 mos.t 51.80000, wages 1517.-i50.i2; travelling and Transportation 55.- 933.57: parts. supplies and repairs 315,771.63; miscellaneous 32.796.- 66. Total 351.7-i1.71.

PLANNING ROADS

Question--Mr. Fraiik ii1,yi-rt-.2

1. By whose orders uas the Main Road from New i.oiidon School to Stanley Bridge not to be plowed this winter?

2. On whose authority was the supervisor of First Quccivs i-iii.:.'ig- ed to direct the snow plows in First Queen's?

3. Why were the piles which; were lauded for thc 1'llllSII'llt'lltllll of the now Bonshaw Bridi:o oni the Trans-Canada Ilichway taki-iii back and a different typc of bridge built?

4. is it the intention of the Gov- ernment to widen and subgradc the road from Inkcrman tr) Breadalbane. which is already staked. this comiiti: stiiiinicr” .

5. What has become of tho illll-l

i

the Bedeque Road from Kinkora to North River to have it widened. graded and paved? Has this re- ceived any consideration on thcj part of the Government” if it hiisl what are the intentions of the Government? 1

Answer: I

1. The road from New Iitllifltinl School to Stanley Bridge is iioiv open, and no orders have barn is- sucd by this Department against opening it. Confusion may have arisen from the fact that show banks deeply on portions of this road and. at such times. the Shore Road is opened to allow traffic to by-pass thc iicavy banks which are opened later.

2. On the aitthoritv of tilt" hitti- ister of Public Works and High- ways. .

3. Ditring excavation for the foundations of Bonsliaiv Brirlgc. it was found that conditions were such that sandsionc was iii-cried to prevent scour under the bridge. When the stmtisionc was nlaccd. there was no further need for

stock.

4. Yes.

I. The Petition has l1N'll placed. on file. It has been carefully con- sidered. As regards the intention of the Government. this is a mat- ter of Government Policy which will be announced in due course. i