& » “ ae wee THE DAILY EXAMINER. - - TUESDAY. DECEMBER 6, —_ i 892. AMINER 1892. THE DAILY EA DECEMBER 6 the New Cabinet sed led list i met- Iv appe srs by Sir J bers forming Thompson that the Hon, retained, with Sir Joha 4 bbott Hon, Frank Smita, as ministers without cthce, and that instead of Colonel Tisdale, Hon J. F. Weod, of Hamilton, is Comptroller of Inland Revenue. — — e+ere ——-—— History of P. E island. Cabinet of ho Ww. the Carling is and — ic fathers drove out their enem 3 forest and t ; their labors and How ‘ atablished ies and suodued th established ed Governmen an organi struggles while overcoming the difficulties by which they were beset ; communication how means for internal aad external for were supplied ; the evolution of our peop! 3 our system of popular education ; the ditions of our union with Canada; the ex short the story landlords, —in pulsion of our little Island various phases of our ought to be intensely interesting to us and ought to bo imparted to our children. The Rev. Fred. E. J. Lioyd has made a brave attempt to gratify our desires in this res- pect. He has written 4 history —a readable history. We are informed that it Patterson, short embraces records of Governor some of which have never been published, and that it sffords many particulars con- cerning the early immigrants, the French occupation, and the fornding of our relig ious denominations. Chapters on our edu- cational system and which have been submitted to of Tne EXAMINER very interesting. service— editor and our mail the -are well written The history, a8 4 whole, seems to be one which might well be used in our schools as well as in our homes. ee “rere cs Judge Alley’s Judgment. Excertion has been taken to some of Tue ExaMINERS Judge Alley’s decision re Joy vs. Palmer [t is needless to say that Tue disire to misrepresent lo proof in respect to remarks and others Examiner has no Judge Alley or any other man. of this, we publish all that part of Judge Alley's jecision which refers particularly to the appointment of Mr. Fitzgerald as Judge of the City Court. The other part 1s, like that which we reproduce, exceedingly well written, but it does not bear so particularly upon that phase of the case which is of public interest and importance, and to which Tue Examiner referred. It may be remarked that Judge Alley’s decision raises a question not only as to the legality of the appointment of the of the City Court, but also to that of the Judge of Probate—recently made by the Provinci»l Government. We already pointed out that the law explicitly states that in all Nova Scotia and Judge have the Provinces, except New Brunswick, Judges of Probate shail be the appointees of the Dominion Govern- merit : “On the part of the defence, it is cont nd- ed by Mr. ier McLeod, cover! for D. A Bruce, that this court has iv ji.is-ic.ion to enquire into the regularity of these proveed- ings. In support of this objection, he examin ed Mr. Hedley Palmer as witness, who pro- duced what purported to be a minute of a jadgment in the city court in a suit of Donald A. Bruce vs. John Joy ; and Mr. McLeod, claimed that, as the city court Is @ court of competent jurisdiction, its record of the judg- ment of that suit being good on the face of it, cannot be impeached in this court, either indirectly or collaterally. This argue ment does not appear to me to be entitled to much weight, for ia the plaintiffs contention nothivg is averred against the rec urd 23 pro duced, his objection being to the execution— a proceeding subsequent thereto. Mr. Palmer proved thst the minute or record produced by him was that of a jadgment given by Mr. Fitzgerald on the third September ,last on the capias produced iu evidence by him, and the facts in evidence before me do not, in my opiaion, warrant the issuing of such an execu- tion on a judgment of this nature, whether the judgment as such be legal and sufficient or not. But this ground of defence involves an- other point which, to my mind, is a fatal one to the regularity of the whole proceedings, namely—whether the City Court as at present constituted is a court of competent jurisdiction aa alleged by Mr. McLeodj;.whether, in fact, it has any legal existence as a court at all ; and there can be no doubt that this isa matter in which it is not only my right bat my duty to enquire into when its proceedings are pleaded as a ground of jurisdiction and defence in the suit before me; and particularly so when a minute or what is sailed arecord of its judgment is produced in evidence and pleaded as an estoppel The law on this subject is as follows: ‘The Supreme Courts take judicial notice of their own jurisdiction, but the jurisdiction of inferior courts must be alleged and proved as matter of fact,” See Bullen & Leake p. 629, also p. 9. ‘A plea of justifica- tion under the process of an inferior court must set out all proceedings beginning with the plaint and must allege the jurisdiction of the court as to all material proceedings.” Pitt vs. Knight, 1 Wm. Saunders—87-90 (1) See also forms of pieas Bullen & Leake, 774. It has been proved ia evidence that Mr. Fitzgerald as Stipendiary Magistrate of the City of Charlottetown acts as judge of the City Court, and in proof his right to act as auch a certified copy of an extract from a minute of council was produced in evidence by Mr. Arthur Newbery, Clerk of the Executive Counci! which reads as follows : “Extract from minutes of Execative Council of Prince Edward Island, of 18th December, 1888 “Ordered that Rowan Robert FitzGerald, Stipendiary Magistrate of the City of Char lottetown, be appointed Judge of the City Court of the City of Charlottetown. Mr. Newbery farther proved that cao com- mission was issued upot thisorder,and he could not state whether it was ever communicated to Mr. FitzGerald, or acted on by the Council in any way. Upon this evidence, Mr. McLeod Saaeaien that Mr. FitzGerald must be pre sumed to have authority to act as Judge of this Court. Now, it isarnule of law that, when acts are done of an official nature, or require the concurrence of official persons, a presump- tion arises in favor of their due execution under the maxim omnia pracsumantur rife uta. Hence it is to be presumed that a man acting in a public capacity is properly appointed and duly authorized so to act in the absence of evidence to the contrary. But iu all acts of this nature the evidence is merely prima fac and presumptive, and may be ree butted when the regularity of the appointment is a pertinent enquiry. Here, the Acts of the Legislature relating to the subject plainly show that Mr FitzGerald, as Stipendiary Magistrate, is not and cannot be Judge of the City Cou and that the order in Council above mentioned can have no legal effect whatever. “The City of Charlottetown Incorporation Act,” passed in 1888, provides by its 147th section that ‘‘the Stipendiary Magistrate of the said city, for the time being, shall hold a Court for the recovery of small lebts, to be known as the City Court, and he shal’ be the Judge of such Court,” but this section is expressly repealed by an act passed ke following year (52 Vic , cap. 14), and the following subs:ituted therefor : ‘There shall be in said City a Court of Record, to be calied the City Court, over which one Judge shall preside.” Now, it is provided by the 143rd section of the City Act of 1883 above quoted that the persoa who shall be appointed Stipendiary Magistrate for the said City shil not fiil any other office Hence it is clear that when, under the act of 1859, a new office of Judge of the City Court was created, distinct from that of Ntipendiary Magistra‘e, the Magistrate was render ed ineligible to fill that office by the section I have just quoted. The order in council of December, 1889, made nine months after the Act of that year came into force, appointing the Stipendiary Magistrate a Judge of the City Court, is therefore ultra vires, and would in effect, if not in express terms, ree vive the 147th section of the Act of 1888, which the Legislature had expressly repealed, “Apert from the disqualification of Mr. Fitzgerald to act as Judge of thie Court under the Provincis] statutes, there is aleo the further question whether the Provincial Gove ernment have, under the constitution, any power to appoint @ judge to this or any other court in this Province, It will be observed that, under the law now in torce, the Provin cial Legislature have enacted that a City Court shall exist, over which one judge shail preside, bat they have not provided who that judge shall be, or how or by whom he shall be appointed. The only officiale recogaized as Judges under the British North America Act are the Judges of the Superior, District and County Courts, including Judges of Probate and Admiralty—the word District having reference to judicial districts in the Province of Quebec. Under section 96 of that Act,the power of appointing all such judges is vested in the Governor General. The respective rights and powers of the General and Provin- cial Governments on this subject are fully set forth ina report of the Minister of Justice (sir John Thompson) to the Privy Council ia regard to the disallowance of the Act of Que- bec relating to District Magistrates, passed in 1888, From this it would appear that the power of the Provincial Governments, if any, is limited to the appointment of magisterial otlicers with subordinate jurisdiction and to Baunswick, which is expressly reserved to them under the British statute. I do not, however, deem it necessary to more than call attention to this point, as in my view the the local Government whetker the right to ap- point a Judge vests in them or not under the British North America Act, have not the power to appoint the Stipendiary Magistrate as Judge of the City Court in the face of the express enactment of their own legislature, dies qualtfying him from acting as such, to which 1 have already referred. “This objection to the jurisdiction which is raised by Mr. McLeod's plea of justification, hes at the very base and root of the whole proceedings, and in my opinion renders them absolutely nuil and void and, all the parties trespassers. The questions involved in the defence raised in this suit are of paramount importance, and it is manifestly in the public interest that they should be decided for the protection of debts but be mulcted in heavy damages in seeking to recover them in a court without jurisdiction. I have therefore dealt to some extent with these questiors in this judgment so that in case of an appeal they may be considered and determined by the Appellate Court. ‘Judgment must be given for the plaintiff; and the only remaining question is the dam- ages. With regard to the damages under the trover and trespiss counts, I shall assess the valne of the watch at $27, being the value placed upon it by Messrs. Taylor and Tanton, and the five cases of oyster clams at $5.50 per case, being the value stated by Messrs. Grant, Large and May. Under the count for false imprisonment there is no ground for awarding exemplary damages,and [shall allow the plaine tiff $10, making in all $64 50, for which judge ment will be entered. Sudden Death. Leaves have their time to fall, And flowers to wither at the North wind’s breath, And stars to set; but all, Thou has all seasons for thine own, O death! Angus Campbell, eldest son of Donald Campbell, Greenvale, in company with a younger brother, left his home on Sunday afternoon to attend vespers in St. Mary’s Church, Souris. Being on foo, they fol- lowed the back road through the woods and were hurrying on to reach their destination in time. When near O’Hanley’s clearance the church bell began to ring and the two quickened their pace into a run. After proceeding thus for a short distance, Angus complained of feelin g faint and fell! on his knees. The brother went to bis assistance ani did what he could to relieve him, but in vain, as a few minutes after he breathed his Inst. Deceased was 22 years of age, and was an exemplary young man in every respect. Much sympathy is felt for his bereaved parents in their great affliction. 2200 7-e Personal. The Master of the Rolls arrived home from Boston last evening. The Rev. Allan McLean and wife, of Hamp- ton, last week paid a visit to their fiiends at Bay Fortane and Duadas, We are sorry to hear that John Nichols, Esq , of Aunawdale Mills, is laid aside with a severe attack of tonsilitis, but hope he will soon be on foot again. At the earnest solicitation of his present parishioners, the Rev. J. G. Cameron, of Souris, has decided not to accept the call from the church at Acatia Mines, N. S. Goldwin Smith has accepted the post of honorary president of the Continental Union Association of Toronto In his letter of acceptance Smith says his love of the mother- land impels him to accep: the position Tue Turr —Kremiin made another at- tempt to regain the stallion record at Mont gomery, Ala., on Thursday. He made a mile in 209. A bad break in the stretch rucaed his chance. It is not likely that he will be started again this season. - Warm and comfortable room at the auc tion to-night. A few good clothes wring- Judges of Probate in Nova Scotia and New | TELEGRAPHIC VEWS, Spectat Desparcnes To THE EXAMINER Ths New Cabinet. AMENDED LIST OF MEMBERS Hon. J. F. Wood Is “In It.” Ortawa, Dec. 6, The following is the personel of the new Cabinet, as finally amended : Sir John Thompson, Premier and Minis- ter of Justice. Hon. Geo. E. Foster, Minister of Finance. Hon. MacKenzie Bowell, Minister of Trade and Commerce. Hon. Sir A. P. Caron, General. Hon. John Costigan, Secretary of State. Hon. Chas. h. Tupper, Minister Marine and Fisheries. Hon. John Haggart, Minister of Rail- ways and Canals. Hon. J. A* Ouimet, Minister of Public Works. Hon. J. C. Patterson, Minister of Militia & Defence. Hon. Thos. M. Daley, Minister of the Interior. Hon. A. R, Angers, Minister of Agricul- ture. Hon. W. B. Ives, the Council. Sir John Abbott, Hon. Frank Smith and Hon. Mr. Carling, Ministers without Portfolio. Hon. Clark Wallace, Comptroller of Cus- toms. Hon. J- F. Wood, Comptroller of Ialand Revenue. Hon. J. J. Curran, Solicitor General. Mr. Schrieber has assumed control as Deputy Minister of Railways and Canals and Chief Engineer of Rsilways and Can- als, and simultansously. Mr. Pottinger commences his Cuties as Geaeral Manager of the Inter olonial Railway. Postmaster President of Lieut .-Governor Chapleau. Montreal, Dee. 6. Hon. Mr. Chapleau left for Ottawa yes- terday aud will return to-morrow evening, when ho will proceed to Quebec to ba sworn in as Governor of the Province. It is uot yet decided who will contest the ex- minister's seat, Terrebonne, although Sere ator Tasse is mentioned. Schooner Lost. New York, Dee. 26. innocent suitors who may not only lose their | The schooner Ethel, Emmerson, hence for Sackville, N. B, with a load of sand, struck the wreck of the yacht Alva off Pol- lock Rip on Dec. 24, and sprang a leak and filled. She was owned by William Hickman. General Telegraphic News. Cavtcvrra, Dec. 4 —Shere Afzul Khan, the usurping ruler of Chitral, has re- cognized the Ameer of Afghanistan as Suzerain of Chitral. Goods in tr: n:it from India through Chitral will henceforth pay duty tothe ameer. The Indian govern- ment will not admit the euizerainty of the ameer. | Lonpon, Dec. 4.—The Standard’s Berlin correspondent says that in a draft of the conservative platform the first paragraph reads: ‘*We combat Jewish irfluence in our national life, upon which it acts with a disintegrating «ffect. We demand Christian government for Christian people and Christian teachers for Christian pupils. | We condemn the excesses of anti-Semetism. Montreal, Dec. 4.—Hon. Mr. De- ‘Boucherville has as good as resigned the | premiership of the province and has recom- mended that Hon. L. O. Taillon be called jin his stead. Although the member for , Chambly, at first declined the high honor his friends and both the English and French members are unanimous in their support of the{man who was defeated on the Riel ery six years ago. The club Cartier calls! an emergency meeting here yesterday and unanimously endorsed Hon. Mr. T i''on aa iu this province. clothing establishment here, was aries’: yesterday in suit brought by Albertina L Belle, to recover $20,000 damages f.1 breach of promise cf marriage. The order of arrest was issued upon an affidavit of Erastus Wiman, that Moore was about to leave the state. Mr. Wiman says he had known the plaintiff and her family, having been introduced to them by the most re- spectable and influentisl] people in the city of Montreal, where they ore wel! known, enjoying the respect and esteem of good people. He has every reason to believe that the statements of the plaintiff are truthful. Miss La Belle says the is 21 years of age. One of her sisters is Lady Welina La Belle Roberti. Vancouver, Dec. 4-—Two tribes of In- dians in the western portion of Vancouver Island are engaged in warfare, as a result of a supply of whisky of which they have in some way become possessed. The light- house keeper at that point is shut up with his daughter in the lighthouse in a state of siege. They have telegraphed fcr a man- of-wrr to be sent to quell the fighting, and the revenue cutter Quadra,wi'h fifty police men, have been despatctied to the scene of the trouble. sinisighiiii J D MeLeod & Co call attention in another column to their stock of winter apples. Call and see them if you want a good barrel cheap. BIRTH. Oa the 4th inst., the wife of George Coles, North Milton, cf a son. Annual Meeting. ‘(HE Annual Meeting of the Young Men's Christian Association will be held in the Association Lecture Room oa the evening of MONDAY, December 12th, 1892, at 8 o'clock, for the election of officera for the ensuing year and for general business. A full attendance of mem- bers is requested. F. 5. MOORE, President Y. M. C. A, ers without reserve.—E. H. Norton. Charlottetown, Dec. 3, 1892—eed tl dte THE McKAY WOOLEN MILLS, MANUFACTURERS TWEEDS, § Fe genuine an-Wool, every day wearing BLANKETS. ; FLANNELS. } ovk owx'make, OPS? Bow READY-MADE CLOTHING, } , Fe:,2"-¥-~ From Our Own Tweeds. READY-MADE GLOTHING, ' IMPORTED. faction of any you can buy. Come to the Store where you can get the Largest Assortment to select from. You will save money by buying from us, McKAY WOOLEN Charlottetown, November 12, 1892-—dy eod & wy a SURPRISE! That is the only word that ex- presses our customers feelings when they see the goods we put. up inour $10 OVERCOATS and $2.50 PANTS. We sell every time. The biggest sale of Over- coats for November we ever had. JOHN McLEOD & CO Charlottetown, Dacember 6, 1892 —eod & wky BOOMING TRADE! (x) (x) E are bound to sell $500 more this month than the corres- ponding month last year, and in order to do so, Fave! | } ORDERED OUR CHRISTMAS STOCK EARLY, and we will sell, during November, both our old and new stock | at a BIG DISCOUNT. Our winter stock of BOOKS is now in, and we are sure we. can suit you to anything in the line. GIFT and TOY BUOKS —see them. Boys’ and Girls’ Own Annuals, f,eisure Hours, Chatterbox, Sunday H»me, etc., etc. Writing Desks, beautifully inlaid; cheap. New stock of SHELL GOUDS, at prices that will surprise you. PHOTOGRAPH ALBUMS, Laather or Piush, at your own prices. FANCY PLUSH STATIONERY BOXES, just the thing for Xmas Presents. O ar stock of CHINA is something immense; everything beautiful and useful. Hand- | sowe CARVING SETS, from $5 to $15; good. PICTURE EASELS, HAND AND | the future leader ef the conservative | sr‘ y New York, Dec. 4.—Samuel Ro M owi. , ' who, it is said, has an interest iu a la: | MANTEL MIRRORS, largest assortment and lowest prica in the city. PICTURES, | 'r med or otherwise; gems. Call “. are glad to show you our goods whether you intend buying now or not. ' the BAZAAR STORE. Queen Street. “hark-ttetown, Nov. 14, 1892—eod & wy CHOICE Wile’ 5 Spys, Baldwins, G. Russets, Greenings, Kings, &e. and | CHARLOTTETOWN DRIVING PARK ———_aND——— Provincial Exhibition Association, HE ANNUAL GENERAL MEETING‘Of the Shareholders of this Association wil! be held in McLeod's Hall, Queen S:reet, Cusriotte!own, on TUESDAY EVENING, the 2th of December. instant, at 8 o'clock, for the transaction of gener- al business A full attendance is requested. The Transfer Books of the Association wll be closed from this date until the day afie: the Generai Meeting. By order of the Directors. A. B. WARBURTON, Secretary. Charlottetown, Dec, 3, 1892—pat guar d&w CALL AND SEE THEM. FOR SALE CHEAP. J. D. McLEOD & CO Ch’town, Dec. 6. 1892—3i eod TO, LET—The Dwelling House on Hillsboroug Street, adjoining the resivence of Mr. Lem Poole. and containing seven rooms, REW!y pap» r and finished throughout. Immediate pos-es-i —GEORGE ALLEY. de 5 ANTED—A girl for general bou- TWEEDS, we have the best value on the Island. Our make of BLANKETINGS, in White and Colored, are cheaper and will give the best satis. Strong and Warm. Just the article for Winter use. Heavy Winter Suits of Clothing, those made from our own ve Al vaiue for your money. An immense stock of all J kinds always on hand to select from. We have every style, every kind and all prices that is wanted—care- fully selected, bought for cash, all new and clean. show you a better or cheaper line of goods, No Clothing House can Remember, our prices are low, COMPANY. A COLD WAVE COMING —_——————(x)- nn OVERCOATS & WARM SUITS Are now the Order of the Day. —-——) OME AT ONCE TO OUR STORE and pick from fishions the choicest buds of your fancy at prices that no house in town can match. We are offering immense Bargains during December. Crowds have already taken advantage of this great off-r. QOvercoats made to order for $19. D. A. BRUCE, REGULATOR OF LOW PRICES. ———e Ch’town, Dee. 6, 1892—e0d The Dh il UNDER ONE ROOE. i TWO STORES IN ONE. OR THE HOLIDAY SEASON the original and }ong estab" she! BAZAAR over the DIAMOND BOOKSTORE will open on MONDAY NEXT, December 5th, The both Departments will show the Grandest Display Ever Seen on P. E. Island. These Premises, the most commodious in 1/5 specia) advantage in selecting Gifts, OUR 50 CENT TABLE will be a GREAT ATTRACTION, and contain goods in valus Be juaUeaune tor be both astonished and delightod OYS, HEAPS OF FANCY GOUDs . waft thor Vaud. ‘ JUDS of Newest Designs The Display of CHRISTMAS CARDS is new and unique, Do not forget to view the rare exhibition of J AVANKESE WARE—the finest ever shown here. The assortment is quite new and rare. : All the BOUND ANNUALS, such as B ys’ Own Paper, pote ca, Sunday at Hone, Young England, 300 CS in endless variety, embracing the Poets, from 15 cent »ward GIFT BOUKS from 2 oonts upwarda, in every kiod of bis ma : CHR STMAS NUMBERS of Dominien Jilustrated. Ui ustre’'ed London News Graphie, Father Chii-tmas, Black and White, Gentlewoman, [1] liy Loaves ‘Chat- terbox. Tor nto Satnrd,y Night. ete.,—cheaneat in the ci v : i eo WOED you can get - the DIAMOND BOOKSTORE AND BAZAAR e «ply twe Stoner ir ene in this city) the BEST BOLIDAY GOODS AT LOWEST PR'CES BR « discounss to ator th boyere » atest FORGET if NOT Get one ot our Illustrated Papers, “THE POINTING 3 | AN»), fiee and won w ll tind out that “the half has not been told.” SCHOOL Bt (KS and SUPPLIES, Wholesale and Retail, lesa than eleewhire THEO L. CHAPPELLE, LIAMOND BOOKSTORE AND BAZA 4, CHEAPSIDE, n, December 1, 1892—8) eo} city, gives the purchaser a as high as $269 Very cheap. Girls’ Own Paper, etc., for €1 92 cach. —— Apply at this office 3i pd—dect ; WwW ANTED IMMEDIATELY —A_ hou:emaid Good wages; no washing. Apply to Mrs f—dec6é LECTURE! STRICKLAND, Fitzroy Street. t ——ON—-- ' WANTED—A servant girl to do general houxe- : . work. Apply to Mrs. JAS. MORGAN Lower Thursday Kvening Sth inst Great George Street, nearly opposite Bishop’s J 't Palace. 2i pd—dec6 tented TE <a aman i LET—Half of a double house in the Com- mon of Charlottetown, near the grounds of the Woolen Miils, Apply to Join IN@s. | dec6—3i pd ZION CHURCH L CTURE ROOM. ; i , S | T OST—In this city, on Tuesday last, HE REV . ANDREW ROBERTSON, i L containing money ‘The fiuder will a of New Glasgow, N.S., will deliver) warded on leaving it at Tux Ex .MINER office, his Lecture on | dec6 «A Night in Thrums, or Studies ia Malpeque Koad, » large door key. Th Scottish Life and Character,” | ider, by leaving it at this office. will be paid | for his trouble. li dec6 illustrated with Readings from the works of; J. M. Barrie, the famous Scottish author. | Admission, 10 cents. Doors open at 7.30, Lecture te com- mence at 8 o'clock. Si—dec6 OST—Between Kent Street and the end of the | OST—A Gentlemen's Cashmere Water Joat, between Charlotic:own and Ton Mule a ie Road. a will be re- ‘ ear © same at Co's, Scoteh Clothing House, — —_" Fali and Winter, , oa —— Ax’s (Broads and Fowler’s). Handles, Sicigh Shoe and Caulk S:ee] s Bar and Sheet Tron, Horse Shoes, Cut . . . 9 Clinch and Llorse Nails. Zine, Shovels, ’ ¥ . SN ' ‘“ 5 . Forks, Glass, Paints, Oils, Powder, Shot, Also, a full line of the celebrated Diss— ton Crosscut and Hand Saws, Files. ete : * i at lowest prices, wholesale and retail. FENNZLL & CHANDLER, A Xe Charlottetown, Nov. 18, 1892~—:u eat & wy VICTORIA ROW. CAPE ULSTERS, CAPE OVERCOATS, FUR-LINED ULSTERS, REEFERS. AND OVERCOATS, ‘saojooyy {dvayo ‘s49J99¥y ‘dvoyo ‘saajooyy ‘dvoyo ‘sa0joogy 34904 Sozis Py “deoyo ai HOLOOS eF 2 Y90}3s 10H DNIHLOTD i 4 “tis