‘fellow was getting. Phfi" FUNK THE JHARLUTT ETUWII G llfllllllnln Jlurulng Unify (Flrundtl iisirr) Pn-uinhut Lh-ul. kul. \\. (‘hunter S. Ill-Lure Ylre President J. ll. llurnull F. J. I. Editor zlllll .\lu||| lllfl UIn-clur, J. N. llnrllrll l-Hlll. brim-tar) Livul. fut. l). .\. Llul-hlulnun 1).! 0. ‘lmn-llllr LlLn-ri- trlml. “talker uml Al. K. Currie al ll\l lill'lll).\ l(\ll 5 ou p“ y-ur I u luluuirl-i ill-l ll Jlrlnlxrrn .\llllll lSul-enu o! Cirruhluoi . l\'l-.‘I)NE.s"UA_\'. iuuacx-ucy 2.1938 . _-,_..-_.. . .. _ =-=. t Jlentory is Wen/rel" titan Inc lieulresi Ink.” Hard To Ileconcile l"lllllllt'~ in .\li‘. ‘at Ill lllt‘ rc- i ll-irucul- with rc- llur i‘ " i. \\.. 17-1 1'. cent ziiuni-l 1t.» 1.1.1 » i ‘ lural ll-‘lllltii. ti. ‘rrtilii! 5.1111 in =11. ' ’ ' 1091 would l'r-'~~. ~iroit_-_1 j-rt will apple pre- . , i-..i~ \'ttll‘\‘tl .u the ‘v_‘"\'i:'t1t:tl .\li1ii-it-r.~ iii .\- w. l 11-. iirtii il (iiiltlttiliizt -—- ‘ill-u, ‘ i~1-t~..t-;':il--i in llll> i~~u<2| iiiliczttt-il that the) . 2 1hr treaty "\\:i~ that would ~l-ri~ ll'l\- illfll\i'i "reiutf . .. "M11. .i|!iil|l =~ .- .i-i oi tiit- vnnil-rt-nec. l":nt:il\ l1 . ll \\e~ki\ -~\\_'-~,‘;, it,» Hid, lniiiiilzl pri-it-rt-itct- i111 f"llil< iii it‘: it-tli llnrtiriiltiirztl Liiiun- 5.1 =,.,,.; ..-.- fcrtcll! \\'itl'~. \\"‘ t , |'l'.. g prlk-illrill l1! lllt‘ ‘hair, ' delrQJIIiuUs lftilll all llh‘ fruit proving tkitiadzt present, tlic Li-iitiiril llill~~~tl iii it- |nt\'."ls in twiminct- the P|i\\,('!'< up l'_1,iii.‘.!llt'il llill :'/iil/ uni: 1't'!u.i‘ulinil n, l/q- Pry/pr.‘ - owl 11y our tie/tit‘ iiirn 2n _- 1 ,.,-Y,»,,i /,., .-; '.',~,i i,» ~ a Iii-Emitt- '..‘.l.-L' tI/‘llfiilll liq/r Ital/Ix iiizuii 1111/ l'l' f/llllii/fl/ Stu" says: ~- 1l1I"'-t1‘Il~ in all its‘ iif i< .i5-'i'},i,-,!t in rl-r-ineilt- the slflltlllvlll ill- n-iiititetl hr our t‘itlili"ilillil'ill'\' ti» .\lr_ ‘iHllllUF with the \-.tl'.tll'.'li' lr1-- or 1'11: lianiily" lleralil and $l;tr report. or iziilwi '.\iill any other ac- count that vv 12.1w sivll 1i ilit- llnruculuirztl Cotnttii mil‘ :-'_'. Stile-r Motor Cars \in iiiinliih- liti-gint-ers has been it‘i~lll at its recent zinnual tia-t-litig. 'lilir- .\<'\v \ nrk cniiiitii-siiiiici‘ flf ino- int whit-its lrz- lit" n ti iliiig Ilivni. lle say- that the !lt\\ inoioi" rzir- art- l-in fa-t and Offer tun little visi ility to ‘lit’ driit-r. Tl~e sin-eel oi llll‘ niodt-rti car has been in- ri-l-,t<i»l f-iui- liliuw nitl lltt" ti>vittl vi-itm of the driver lia- l-tt-n I‘<‘tl5l\'I"l as llllltll il\ liti pt-r cent. .'\ prtiiiplilet oi :l.t- l =iitevl flutes deimriiitelil of toiiinil-irt‘ talws a \llllil-'ll' view of the new ear. “The autontritivt- iiirlti-tri." it says. "is clinging de-peraittly to llil’ tlitw-ry that it~ vast army of salesmen can \’(‘ll liiuli-qii-ed tars (with em- pl11$i= on their potter) and then a much smal- ler grntlp of \.'ll_t‘l_\' \\'i1l'l' -r.~ can lll(lllC(‘ (iwncrs to rlrivt- tnntleratriv rind cttrefully’. This theory l< being rapidly tli-prrivetl." 'l'here is no doubt. stiqgesis the Vancouver Province. that this itiilictnient i.- a true. liill—htlt prnhalilit it dot-s 1111i lie only at the door of the motor car makers and dealers. The effective factor for maker and dials-r is what will scll— and what will sell is the thing that the owner prefers. llr- has preferred these liiglt powered. streamlined. lnre-and-zifl-rakl-d craft of the mod- ern highivzrv. Ill: has: \\'.'llllC‘fl what the other lle did not want to be left The F/irit ‘\ ~12’ some Cl‘ behind. in any sen-P. (livncrs. drivers rind users of motor curs, as they are a tnztjoritv of the population, are cer- taiiilv a I‘(‘l)f‘(‘<('lllllll\'t" (lllll~\-.\i(icllfln of the citi- zenship. The remedy here i< that public opinion shall cztll the CiIiYPHdIlp of the motorist to re- dress the balance against the weaknesses of himself as a motorist. lf there can only llf‘ srtfer-ilesizned cars by law and l'(‘l'llli\ll'I|l——I'Tl!‘~ not so fad. vars with better vi-iliiliti‘, mir- with lIFIIIlllQlIlS which will light the lillililflsls llhltilll of lilinzliitg the other n1otoi'i<t-—ilien lw law and regulation it will Imu- [n Irv Illifli‘, 'l‘lii- lflisl in ltnnian casualty of lhc 'Jlll(‘l' thin; is ri-inq ioo high. \\’hy A Throne Speech ‘.7 All kind,- nf Iilll'|'lf‘- on pnlilit- ziffairs coint- to new-diaper tiiiww-q 'l'lit- tluaua journal has been aslttd. in twnin-riioli \\tlll Parliament (limiting. "\\'li_\' a Spt-l-cli front the Tiliroilc, anvuai P" and ii has hail to co iar hark inIo hisitorv for the .'lll.\\\i'l'. lt sil_\*Z l‘-ll'-llJllllt'Ill began. not as in-iiiuliiiiis of gov- Pl'|lllit‘|ll. llill its nigans nf rriIiri-iii. The lxiiig Qi1\‘t'l'll"'lI2lllll llii- initii.-l<-i's were. in fact as iicll a< tlirori, llil’ King's lllilll~lt'l\. Parlia- llll'lll exi-ti-tl in ortlvr that the lying might have moans of twiiistiliing his stibjrcts. especially: in "mum-h m" taxation, and if tiossiblc seruriltg their fl\_k‘t'lll_ .\.~. all the people (‘tlllltl not he summoned. only the very iinpnrtzint people were siintinoni-tl invlividttally. and the device. 0f r,.,,,-,.<,.,,,;,,;.-,,, \-,-;,. iiii i." for consulting the rest. 111w came to hear what the lung tiroposed. mrfm L... pact,- “iul n-pnrl in those whom they were held tn ri-i 'l-~l-iii, 'l'l1t- King recognized n0 claim oi tlw Parliament to legidltlt‘. fir 0W" to veto what ln- |1l'ti|i|1\t‘il. (Uinsttltziiiiiii was a "1'>!1)r,({ hi‘ _._~,,,,,,.i],i,r; the work of government, "inf t rei-viiyniiinn of the right of Ilit- subjects t0 sll'll‘l' iii it. _ _ [liq llFll practice oi (‘rilisllllillltill grew’ into I ma“ “iii-n Kiiiig- innnll lllt‘_\' could not livf‘ "Hf iliq-ir nirn." lint inn~t raise taxes, and when the pI1\\'('I' of the snliit-t-t- Io lu-lp or hamper" thi‘ taR-gullierci" became vcry great. Besides, It l sometimes suited the King to play off his faith- Iul Comments against the overwhelming claims 0f the great feudal lords, something he could not do without magnifying the rights of the (luminous. ln both these \\'[|._\"§, the power 0f the elected rcprcsctilzttives of the “i1eoplc" grew, especially as the strength of the fetultil lords waned with the passing of the Middle Ages and the develop- mcut of national spirit. illitional organization, Iltld a national market. sultcd about taxes turned into a right to grant or refuse supplies; and on this right was grad- ually built up the claim to be the sole source of legislation. Kings used the Commons to help them defeat the feudal lords; but in doing this they rztiserl up a fresh challenge to their auto- eracy. tiradually- the King's ntiltisters came to bc responsible to Pzirliztitictit as well as to the Kitig: later on. fur more t0 Parliament than to the Kitig. Parliament gradually turned not only int-i the lZl\\'-llllll\'lIl;.{ body. destroying the liiiigYs right to govern by "order". or by spe- cial Councils. such as the $ttlr Chamber, not responsible t0 the “pctiplt”. but also into a liody which could vein the .'tcts of itiinisters. and finally- intn a l)tI(l_\' front which the blinisiry lllll~l directly emerge. No longer. then, did the Kitig summon Par- liament ztnil bid it do his will. The King in- >ll'1l(l sent llwssllfjti‘ tn lhtrliameut, asking things >lll)_‘1L'\"l to l':irlianu-nt's will. Tlioseitics- mtge- are what we know now as the "Speech from the Tltniiiir." .\vctu.'tll_\', the Specrli from the 'l‘l1roile. as we l(lll1\\' it today. wliilc read tollltrlianlcnt by the Kilt-g. or. in the case of Gunilla. by the iii()\'t‘l‘ll(ll‘ (icnvrztl. who is the reprcseniatirt- of the hing. i~ uritlcti by tlic Prime Minister. Supposctllv it i.- :i forecast or iiutlinc of the .\litlistr_v's legisla- ll\'l' pt-ograitt. but while formerly this \\'.l.< true, it is not strictly true today. lndecd a common I‘l'lll\‘l~lll of the Speech front the 'l'lirone is that it is too tillUll used to court-ail the .\linistr_v's tnainr ititentinns. turd-that sulisetitlcntly Parlia- nit-ni is tifien called upon in deal with legisla- lion not tnrntionctl in the Speech at all. 1 Editorial Notes I Civic election noniiuzltiiitis today. =1 * Cantllcitizis—ltiok out fur your shadow. ll‘ * ll‘ 1K Tihcrc is cvitlcntly" still work for the snow plow when it makes its appcztrailce. I l! I Tihrec Queens in sucecssioil for the Dutch 'l'hrone is a pretty good record. 1 ll l‘ U Qonil llcws fol‘ tllc blilltl punt‘ uvcl‘ .l<)-—lllciI' pensions begin this ntonih. n a m ‘n 'l‘lie ltnwcll Rr~_\'al Crniitnissiotl is tioiv in the .\liIl‘lll1llC> and should be here at the week-cud. .\n attempt at a “szuv-off" l)L‘l\\'(‘.L‘ll parties is being made as regards Saint-John Albert Fed- eral mrzulcy and Argentetlil. u v v iv I\lr, ll. (Vi. \\"cll.~, now as ever. delights in Illzlk- ing our blood curdlc. 0i an inlcriicw" hc had recently: with President Roosevelt he writes in Colliers: “\t\'e agreed that the (langer 0f a world-wide war crisis would rise toward a tuaxinittm bctireen i939 and I940, and he llttiuight Illat by thji time there should be sonic- one ywitntgcr, quicker and better equipped to tucct the urgencics of possible warfare without delay. in the White House. But he spoke of that rather as his own personal problem than as America's." it m iii 1- The amount of cheques cashed by the brunch banks in principal centres of Canada during the calendar year 1937 was $35,I66,o6l,ooo com- pared with $35,928,607,00o in i936, a decline of two per cent. The decline in the Prairie Pro- vinces_\vas responsible for the drop from the 1936 aggregate, the remaining economic areas recording increases. The totals by areas follow, with those for I936 in brackets: Ontario, $15,- 939149497 ($1s.778.679.837>: Quebec. $11.- 508421.542 '($lo,338,647,73t); Prairie Pro- vinces, 34.827.021.407 ($6,5o6,5|8,677); Bri- tish Columbia, $2,o98,io9,246 ($z,o75.358,484); Maritime Provinces, $733.359,446 ($039,402,- 014). , it: 111 v a According to official figures, total exports 0f cheese from Australia in the 1936-37 season amounted to 6,271 tons, writes Mr. Frederick Palmer, Canadian Trade Commissioner at Mel- bourne, in the forthcoming issue of the Com- mercial Intelligence Journal. On the recom- mendation of the Australian Dairy Produce Board new regulations have been brought into operation providing for uniformity in the size, colour. and crating of cheese for export. lu- vesligtttions made by the board showed that the demand in the Utiitetl Kingdom was mostly for 40-p0tind and SO-pountl sizcs. Under the nciv regulations these sizes only are permitted I0 be exported, excepting in special cttsc.» when the Department of Commerce ititty sanction the cx- port of other sizes. The regulations also require that riniless hoops sholl lic used. to give a bet- ter finish In the cheese and render it more ac- ceptable to the British market. a u 1k 1i- The farm value of production of the I937 field crops is now estimated In be $553,S23.I00, which is to per cent less than the value 0f $(1I2.3o0.4oc in r030. In 1935 the farm value of field crop production ivas $5i|.872.oo0. Tl value of the I937 wheat crops is cstimair‘. at $132,384.000. a dccrezise of $2.Z,l),l3.000 from I936. The oat crop of i037 was worth $114,665,000 compared with $116,107,000 and barley, 3941984000 com- pared with $40,512,000. Other crops were as follows. with figures for i936 in brackets: Rye. $.i.22_q.cxx> (192080000): peas, $2,012,000 ($1,- oonoooi; beans, $1,595,600 '($|.7i)0,4o0): buck- wheat $5.4<vi4,tm ‘$6.088.000): tnixetl grains lliifkzoliorm ('$iR.7_=,i.000): flaxscctl. $1.053.- 500 $2.5tl8,txxi'i; corn for bushing $3.3o3.000 ($4,z_-',8.tx)0): potatoes $27,I43,000 ($45.I25,- mo); lllfllips, l-tc. $it.700.o0o ($t3.382.0oo); hav and clnvt-i- $07,300,000 ($|05,7o3,<x1oi; alfalfa. $i6.ti47,ooo ($18,077,000): fodder com liiimtiflyrxm ($i0.572.oo0l: izrnin Ii.-t_v $i|.o2r.- 000 (%.473,oo0);st1gnr beets $2,505,000 ($3.- 416,000). ‘1 rut. unAnmJrI l‘. IUWN GUARDIAN‘ NOTES BY IIIE WAY i ll there was any notion any- wuere that. me new trade agree- ment could be put- througu with unanimous approval on bom sides o1 me line or on either sine. the notion may as well missed. nlnuluslasnl for lower tariffs and lurker trade, abroad usually stops where selI-lxilerest begins. Cain The right to be con- anyone IIIIIIBIUE our textile cluels whooping I» up for reauceu dunes on Anler1cali—0r_ British-goods!- mqmonton BllllELIIl. Little errors In translation cxin cause strange myths iin folk lore and other stories. Culderellals sllp- ner ls always of g.a.ss, although the ' slipper found by the charming prince after the ball was of fur. But In LfflIlSlliDlflE the story Into the French a slip was made and the word “verref meaning glass, was used-Windsor Star. ’I‘ryin|: on hats ln one of our very nicest shops. a gentle matron complained to the salesglrl that. it was difficult. these days to find a ha; that. wasn't ecceuIric-lookmg. "Yes", the izlrl agreed, "but for a crazy world you got. to have crazy hats." She thought. for a moment, then added. "But it does seem to ECZLIHLI a little belter."—Neu' York- er. How a village panchayat look the law into Ins o-vu liauus by llucigqlg a luau in August as» for uu Rutg- cci "caste sin" was recalled when all the rlvc members of the pancltuyav uualrq. including the lalnuaroal of the vlllaue o1 Itaugpur, neur DH‘- moor. were seurenceu to dealn. Tue prosecution alleged that. ivheizi me victim. who nad married a woman of a lower caste against, the advlce of men of his caste. treated with antused comemiat me social ostrac- isni dirccmd against. him, the vil- lage naticnayat. decided at a mid- night session to‘ punish lilm with death. '1ll€_VlCLl.IIl was forcibly removed from his house and kept In a locked room and was put m death on the day fixed for the "execution." —- Calcutta Statesman. I believe profoundly in lhc syn- thetic Dovier of a common idiom 0f thought and expression. Given a free movement of books. papers, ffltll0_ beams and the .ike, this Is a unifying lorec that will triumph ultimately over every form of par- ilcularlsm, nationalism. and imag- inative antagonism. It is bringing the Californian into clearer and closer understanding with the Ken- ushman. the New Yorker, the Scot, the Maori, the I Afrlkaitider, the Canadian. the Welshman, the Anizlo-lndiau and the Eurasian. I refuse to call myself foreign or alien amour: any peoplqwho speak, read and think in English-H. G. Wells ln Liberty, Look where ‘you will, you cannot today find critical organic illness anywhere m this countrys econ- omlc and financial structure. You can see econonue malnutrition, for which the remedles are fairly slm- ple-but. at. no point. is there the fatal impairment that. comes from protracted cotcess. - Magazine of Wall Street. The speech of the evening at the Gasironomes Dinner was untques- lzlonably that of Sir JlJSlflh Stamp, chief of the London. Midland and Scottish Railways. Incidentally, Si: Josiah Is a Presbyterian. and goes to church every Sunday. SIr Josiah told a number of good stories. One was of the charlady who aways used to take away the rind of the zravefruli at. the house where she Worked. m. order, she said, “to lend a toilch of dignity t0 her own dust.- bln. _Alt_0-t.l1cr one was of the fam. lly picnic during me course 0f whlclx the mother said to her dauizhter. “Ethel, tell your not t0 stand so Iiear the cliff, or else give me the sandwiches.” - Overseas Dally Mall. The production of furs In Canada remains an extensive industry. Durmz the twelve months ended June last. for which statistics are now available, the production o: raw furs showed a healthy merease In value. It amounted to a total of $15,464,883 as compared with $12,- 843,341 In the previous season. — Kingston Whig-Standard. A pan-time shad fisherman from Edllewater, New Jersey, tells us that. the rest. of this whiter will be mild. What. makes hlm think so Is that the klugfisb are still hanging around In the Hudson when by rlizhts they ouxht. v0 be down south, with Erskine Caldwell and the qu Pants-The New Yorker. The Soviet publishing houses make the calm that. five and a. half times as many books were published durum the twenty years of the Soviet regime as came from the presses during the preceding twenty years. The Bolsheviks have at. least. to thelr credit that they have made the Russians a more lit.- erate people-Exchange. Professor Coleman says that "the first. hllll. we know of man ls only about a million years old." "Only" about a million! Geologists, astron- omers and national financiers be- come as used to mllllolts as ordin- ary mortals are to hundreds-Tor- onto Star. It is said that. the University of Georgia made a LESI. the other day. Flve students went without sleep for I00 hours. The published con- clusion Is that. "slumber ls essential to qulck merits ity, sharpness of vision. clarity 0f hearing and 300d humor. "But? says The Boston Post, "the strange part is that a. university should have to make such a test in order to discover that fact." Strange indeed — so strange that. one suspects that. It must. have been less n l ' than an object. les- sown-Exchange. _ i", That. the number of Canadian governing b0dlcs-—28,000-—c0uld be cut, by two-thirds or at least. by ha} must. be apparent to every serlous citizen taklng the time to look over the situation. Indeed. the more one thinks of It the puzzle becomes. Wh have we been so cool and Indl erent t0- ward the building up of such a vast. number of organizations to handle public money? No matter liow wood the Intention, you must. have serious overlapping Mid ex- travagance under such a system.- Windsor Star. Cltlrenn who wish the national defenses t.o be strengthened. and we have the Japanese military lead- ers "to, thank for a substantial In- crease lm their number at. this time, will welcome the news that. a. por- manent. aviation base ls to be es- tablished at. the old navy radio and coallmt station near Sltka In Al- aska. Also another nvtotlon base ls planned for Kodiak falatld. M0 mfes west of Bitkl. near the west.- ward extremity of the leutlans. Additional bases are re r ed to be mder consIderaIlolL-C lcogo Tri- lbuno. PUBLIC FORUM This column l: open for the dlocunuiuu by uorrespondontl n. question: of lnterelt. The Clun-lolleluivu Guurdlnn doe: n01 nncenurlly endorse tln oplulonn of. eurrupnndontl. ~ THE PIIYOR CASE sirr-Itrotn time w time our rluvulutll FKUAUUAIIOIA Au. n45 been uelure 1m: \l\Jl-AA\§ for AJALQAQACUH- vIuJl. LII Lne ycar limo mum $.85‘: Ol nex vs. JHUuu, uie Supreme Court. ol I-Ills I-lovalou uecluoq lflul seouun 52 OJ uie Act, m: auCLlUn yrlncfl DTOUIDILIJU i116 ltcteplu; or nay/mg In pOSieSSltll Cullupulillu lllquor, was qcclarcu uma mes auu SUUIIOH a1 was qeclaleu t0 be In the Sallie category. Aflt: Icahn. of fms decision vias, that. lJfnlChClllly all COIIVICUOIIS luaue back w hit.’ year 1918 were null nun vold. m this time 1 was Alvqluey General Ul Llie Province. and were being no appeal from the decision to In. Supreme Court. ol uunaua. I was requested by the TCAIIDLITHICC Al- Jaucc. through their bOHCILOI‘ Mr. W. E. Bentley, K. 0., to allow my name. as Attorney General. to be used to formulate an upbeat to l-ne Privy Council. me. solue days. as if the he Is were v legislation Temperance was at stake. and the Alliance ollered LO to do so. I rcadll‘ consented and signed the uccessaily papers as At- torney General. By some lllilCllLll- Lions, lIOWEVPI, Mr. Bell frustrat- ed the anneal, and shorty after the Act was amended. I may say’. tlla. .119 decision in the Flood case was strongly criti- clzed and disapproved by Inc edi- tor o1 the Canadian Bat‘ Review, and subsequently bv Pl-olcssol: J. F. Davlson in the same LEW Jour- nal. and has since been ueucrally disamlroved by Iheprofessiou. On Monday last there was a de- cision handed dovrn by Mr. Justice Saunders in the case of The King vs. Myrtle Pryor, who had been chanted and convicted before Mr. George J. Tweedy. Stipendizirv Magistrate for Queens County, for an. unlawful sale of Intoxlxatizig liquor m violation of the Prohibit.- lvn Act. As this judgment. from which there is no appeal. may have a fur reaching effect. llltl-filllllllll as our legislators may deem ll. uuruyccs- sary. In vlcw of the decision. Lo make any atuendnluits to the Pro- lilbltlon Act. and as I was Coun- sel fqr the Appellant. I deem it. my duty to submit. reasons, why I believe that. the dlaulsloil just handed down is not in accordance with the principles 0f law. am pleased to be able Io do this, with- out. in the slightest. degree inlpugn- Inn: the sincerity or motives of the learned Judge who rendered the decision. And first. I desire to stale. that the learned Judge, who delivered the Judgment. very accurately and clearly sets forth the contention of the Appellant. ‘ The Appellant was charged and convicted for selling intoxicating liquor In violation of the Prohibit.- ion Act. whlch was passed at the 1937 session of the legislature. It. was admit-ted that. the liquor she was charged with selling. was liquor unlawfully kept or i ssessed by her in vlolatlon of the Act. Her Counsel contended that she could not. be convicted of a stile. nor could there be a sale of liquors un- lawfully kept in this Province. The issue of law was clear and def .lte. Section 88 0f the Prohibition Act. I937 states specifically: “No property rights of any kind shall exist. n1 liquors unlawfully kept. at any illace In this Province." N0 i) ainer more comprehensive or more emphatic words could be used to indicate that there should be no ownership. title, Interest, claim. property, right or demand In contraband liquor. At the same time. the Statute provided that; it is a violation of the Act. for any person l0 keep or have In his possession any contra- band liquor. Section 52 provides: “Except -a.s herein provided, no person shall keep or have in his possession any liquor tuiless such llquor has been. purchased from a Vendor in accordance with the pro- vlslons of this Act." We have, therefore, by these two provisions, 1. A violation of the Act to have liquor unlawfully kept or possessed. 2. N0 property rights o! any klud In liquor unlawfully kept or pos- sessed. - Liquor Is personal property l. e. B00115 and chattels. The Act does not. change the character 0f the article. It. is stlll intoxicating liq- uor. But no person in possession of llquor unlawfully kept can have any property rights of any kind In liquor so possessed. How thou can he sell It? He may transfer the pomcsslon, but. he cannot, If neither he nor any other person has any property rights In It, sell It to any one. In the year 1919 this Province passed what is known as “The Sale of Goods Act." This Statute was first. pus-sod In England, and has been introduced Into every Province In Canada. The Sale of Goods Act in effect, is an embodi- ment of the Common law In the form of a Code. slmllur t0 the Criminal Code of Canada. Of course It. became necessary In a Statute, dealing with sacs of personal property, to define wlntt was a "sale“ and so Part. I of this Statute enacts. ts.) A contract. of Sale of goods, ls a contract whereby the seller trans- fers 0r agrees to transfer the prop- erty In goods Io the buyer, [or s. money consideration, called “the nrlce." (c) Where tinder a contract of sale the property In the goods is transferred from the seller to the buyer the contract. Ls culled "n sale"; but where the transfer of the property Ln. the goods, is to take place at a future time, or sub- ject. Io some condition thereafter to be fulfilled. the contract. ls called "an anreement. to 521.3‘ (d) An Aizreement to sell, be- comes a sole. when the time elap- ses. or the conditions are fulfilled, the moods ls t0 be transferred. No other statutory definition of the word "sale" In this Province has beep given or suggested; 5h- M. D. Chalmers the drafts- mnn and author of the Englls Bale of Goods Act. of which ou Is a counterpart. In his admirable work on the Act. at. page 3 says: The essence of Bale ls the transfer of the property In a thing from one person to another for a price." , Mr. Justice Saunders In his ludume-nt says “certainly one never rewards property rights u the es- sence of a sale.” 7111s definition of the word "sale". In only declaratory of the Common law. as decided throughout the mini-lea Beniaiiiin on Bales defines a male ls “a transfer of the flb05llll0 or leneml property h e thing for I As‘ the Provinces. furnish the money to early on the 4 appeal to the _Prlv_v Council, alter‘ the late Premier Bell had 1'efused' subject tot which the property In. n? price In money" 11nd w?! “there must. be (11 Parties Competent to oontracl: t2) Mutual Assent; t8) a thing the absolute o!‘ general property In which is transferred from the seller to the buyer (4) a price In money or promlsed}! The Supreme ourt of the Unit- ed States In Williamson vs. Barry, a Howard at p. 544 defines a “sale" as follows: "A sale ls a word o! precise legal unport. both at law and In Equl y; It means, at all times, a. contract between parties, to zlve and to pass rights of properly for money, which the buyer bays or promlsefl 7-0 Pa)’ for the thing bou ht or sol .” B ackstqnes def nltlon of a “salo" A Mutual agreement between the owner of goods and another, that. the property m the goods shall for some price or consideration, be transferred to the other, at. such a time. and In such manner, as Ls then alzreed. In the year 1892 a Statute In- tltled “The Charlottetown Llquor Regulation Act." was passed for the reeulatiun of the sale of liquors In Charlottetown. Section 9 0f that. Statute provided. that no action would lie for the price of ll uors sold on credit. in the City of C ar- lottewwtl. One. Doyle. of Charlotte- town wrote to Kelths Brewery In Halifax. uskllllz quotations on the price ol beer. Kclths wrote In reply that they would sel. "at. $18.00 per ll0lZS-ll9ad delivered flee Cllar- lortetotvn." Doyle was sllCCl for the price of the beer and the case was trled before the late Judge Hodg- son at. Georgetown. Doyle's defence was. that. under tllc terms of the contract. namely. "$18.00 per hogs- llcarl delivered lrcc Charlottetown" mcani that. the sale of the beer took place in Charlottetown, tus the property In the goods did not. pass lo him. until the goods were dellv- ‘ cred in Charlottetown, and a same were sold on credit. Keith could not recover. Mr. Justice l-lodusotl. however. held that the pruperzy in the goods passed to Doyne when they were put on board the boat: at Halifax. It. is evident, indeed it is irrefut- aule. that the word "sale" has a definite and precise meaning. and does not mean a mere transfer of possession of goods, but. n transfer ellllci- medlutely. or in the future, of the property rights In goods. A Transfer of possession may be a bailment. but it cannot be a sale. I may borrow an article, or hire an article. and pay a price‘ for the loun of it, but it. is not; a sale be- cause n0 property rights are trans- ferred to me. " Section 88 of the Prohibition Act: declares: "No property rights of any kind shall exist. In liquors un- lawfully kept. at. any place In this Province." Can I make a coltiract of sale of a flock of wild geese flying over my ltousc. or a wlld animal roam- uu: through my woods? OI’ course not. Whyif Because there are no property rights In wild animals or wlld game. and while they remain unreclalmed are not. the subject 0f a sale. Some years ago both Provincial and Federal legislation was passed. de- claring that foxes kept. In captiv- ity. were to be considered "domes- tic animals". to prevent foxes, es- caping from captivity and returning to their wild state. from becoming the property of any person who captured them. - Mr. Justice ' Saunders admits that; there cannot. be a transfer of property rights In liquor unlawfully kept. because the Statute says so. He I10 ds, however. that a. trans- fer of possession of the liquors for a. price coitstiiutes a "sale." I give my servant a scrip, mudc out. in my name, and instruct Inn) t0 lzo t0 the vendor and have it. Illlcd, and my servant returns to me with the liquor. the servant passes to me the possession of the liquor. Could it. be contended that my servant. was guilty of a sale of the liquor? It would be absurd to so hold. Il- would be needless for the Statute to make the mere passing of the bosscssiqti of unlawfully kept liquor gm offence. It ivould be superfluous. as the mere possession ol contraband liquor ls lu itseff an offence under Section 52. The pos- session of the llquor by the party who passes the possession. Is Itself an offence and the possession of the »par_t.y. to whom the possession passes l5 equally an offence. And here let. me state that the asses- slon of this Illegal liquor. 8y the two detectives front Montreal. con- stituted a. direct. violation of the law. and rendered them In the highest. sense of the term accom- Dllces, their uncorroboruted evidence should not. justify a con- vlctlon. . Mr. Justice Saunders refers to Sections 51 and 125 as suggesting that the Act. recognizes a sale of contraband liquor. On the contrary. It makes emin- ently ‘clear the whole purpose of the Act. The Act 1s not. intended rnerelv lo prevent the safe, or keep- m: for sale, of intoxicating liquor, but to prevent the consumption of liquor as a beverage. Originally, the purpose of the Act. was to prevent the sale or keeping for sale of llq- uor. And It. was nob then Illegal to lrave liquor In your possession. provided you neither sold. nor kept 1t for sale. You had a perfect rigit. ito own liquor, and you had prop- erty rights In It, and could not be ~Int.erfered with so long as you re- |fralncd from selliutz It, In the year 191B a. complete change took trace In the purpose and scope of the law. and In order to prevent the use of Ilquor as n beverage. most drastic provisions were passed, whereby It. was de- clared that there sh iild no ten-fer RII.Y_ Dromriy r hrs in H-tiztor. unless it was purchased from o vendor; and simultaneously. It was provided that. anyone Iiavlug In his Dosscssiou liquor not obtained from a vendor. was izulltyt of a violation of the Act. There were. however, classes of people who had a rI ht. to have liquor legally In ther possession, and who owned and had property riizltts In sumo. Among these were: 1. Brewers and Distill- ers llccltsed by the Dominion Cov- ernment: 2. Vendors: 3. Persons who Durchasc from the Vendors; 4. (themlsts: 5. Cfergymen for Sacra- mental purposes; 6. scientists for mechanical purposes; 7. Exporting wmehousemen: 8. Doctors to a 11m. Iled degree; 9. Hospitals. Th 1M1!!! body of persons could . legally own and have possegslo or Jlqllqr- They could not. however, sell It or keep It. for sale as a bev- Btgtutg we have a consistent and aymetrl ‘ Act. K1681 “m1 m classes of violators of e law. 811d It. Is submitted It Is the only ration- al vlew to take upon Iesal principles aaul authority. The learned Jud e in hi5 Jud!- xnent says "that e obiecilon 18 to say the least a most remarkable one" and asks "Have We been Im- Dqslng flnes and imprison Inno- cent persons for the past n new!!! years. under an act which has been mlslnterpreted by the judiciary and Eengbe a o! the bar o! our Prov- oe 1. , May I suggest, that. the same re- marks might, be used 1n_ re ard to the declslon In the F. case, where It was the Judges who dis- covered the flaw In the Statute, and not the Counsel who argued the case. _ The answer to the query put by Mr. Justice Saunders is contained In the words of Lord McNaughton In the Prlvy Council In Hamilton vs. Baker. 14 Appeal Cases p 209. “I am sensible of the Inconven- Ieilce of disturbing a. course o1 practice which has continued un- chqllenzed for such a length of time. and which has been sanc- tioned by such high authority. but If It Is really founded upon an er- roneous constructlon of im Act of Parliament. them L; no principle which precludes your hardships from correcting the error.” It. is well known that; at. Common law no theft can be committed with respect to wlld animals, dead bod- Ies nor of any other thing In which there Is no right of property. It ls necessary according to Russell on Crimes. Crankshaw, and other recognized authorities. that. there shou d be Insome person a suffic- ient ownership of the thing stolen. At Crankshaw 1935 Edition page 4.08 It ls stated: "To constitute an offence of theft. there mus-t be In the property taken a right existing at the time of taking, either to the ownership or to the p- esslon of the property." A person in control of’ contraband liquor has no right to ownershl , or rlgltt. to possession of same. e can have no lawful ownership or lawful possession. He cannot. sell the right. of p-ssesslon, anymore than he can sell the right of pro- Derty. At. most he can only trans- fer the physical possession without any rlizhts of any kind. It. is not. for me to suggest what chamzcs. (if any), should be made ln the law. and I leave same to Attorney General Campbell who. as shown by his persuasive and con- vlticilig argument. was able to con- vlnce a Judge of the Supreme Court Lhat. a sale can be made without the passing of any property r1 his. He shoufd be Ingenuous enoug to frame such a dments as may be necessary. I am, Sir. etc" J. J. JOHNSTON. Counsel for Myrtle Pryor FINANCIAL STATEMENT BY MAYOR Slr.~—Numer0us letters have been written concerning the state of Clvlc Finances. Many unkind and unnecessary remarks have been made by those writing under an anonymous name. remarks which they would probably not. have the courage t0 make over their own name. This however , is the usual reward one receives for public service, and as such must- be accepted. After all It ls an encouraging sign. because lt- indicates that at last our citizens are aroused to the seriousness of the financial situation. In this letter u ls my purpose t0 present. as true and accurate an account of clvlc finances as P055" Relief Expenditures 1935-36 Relief Expenditures 1937 Permanent Works 1936 Lord's Wharf 1936 Government. Pond 1936 Park Breastworks 1936 Government Pond 1937 Park Road Culvert. 1937 Lord's Wharf 1937 City Hail 1937 Office tEgullii-aéliient ‘£1,237 Marke u Permanent St-i-‘eizet. Work 1937 Curb to Street 1937 Victoria Park 1987 Flt-st direct Relief for the two years amounted to $99 587.40 and Permanent Works 324154816 I total eamenditilre of 8341.13535- Just. a brief analysis concemln! th nature of‘ this work. e breastwork at. Vlctnrla Park was In a. dilapidated condition, un- safe, for traffic of any kind. this was completely repaired In 19342 and In 1937 a modem boillevaru was laid down. and the old culvert place of beauty. the Cltv Hall was repolnted. lords Wharf rebuilt. a. Rest. Room was opened In the Market Building. extra Pat-kink spaces lalrl out. a number streets were paved, all this mak- lug Charlottetown a modern and beautiful City. You might remark that. much of this work was not. necessary. In the ordinary course of events that would be true, but. we were facing extraordinary conditions. Eight. lumdred men were out. of work, they together with" their depend- ents. numbering about thIrtv-flve hundred souls. had to be provided for. It. was purely a case of prz" \- Ing work. glvlng them direct 1'1- llef. or letting them starve. The Council adopted the only possible and Christian course. The result was a greatly increased morale and somethlng of real value to the City. Toward the work proltrts the Government contributed the sum of $56.9lI.00 and toward dlr- ect. relief $46,000. during the two years. when it. is remembered that 99.58750 was expended on Direct aptlef. and It Is cusbomery In oth- er Provinces for the Government to contribute a sum equivalent to into-thirds of the amount expend- ed. Item readily be seen that an additional grant of 20.000. should have been given. As stated ln my Annual Report this whole matter of relief ls now beln! In- ytr-tlirated by a Federal Aaent. and u ls hoped that more generous n1- loyances will be advanced In fu- ture. ‘It. meant a tremendous lot of work for each individual Coun- cillor. work wlthout remuneration. but work well and cheerfultv done. era: . It was. therefore. .‘ l pass Section 51. to prdieeclietqsfitig 11A? lawful sale of those legally held llfififllt. ?ll‘f.'.?""° m" 5mm‘ There were Ihnn two c155”; o], liquors held In possession, namcl , m Those kept legally and ti those lllelzally kept. As to r1) thq could not. be seized. unless they were kept for sale; but, m; pflfflgl oould be convicted for selling. them. or keeplmr them for sale; and a; to (21 they could be solved and coilflscsied. because they were I!- leqally kept. but they could not, b; lild. or kept for sale. because they, weretgnot the suhpect. of property Huh“ By this Interpretation of the Personally I have no lpolofly $0 Mfer. I tun proud of our record. ‘Whose who wl‘! examine It In the mu of exlstlniz conditions can- not, fall to see that It was of a moat constructlve nature. [have attempted to Dllqe £116 train unvamlshed truth helm‘! mu in detail, so that. you can see what has been accomplished. No- b.~dy realms better than the writ.- e: however, the absolute necessity fer n complete overhaullnl 0f W!‘ ritlre financial stnlctiute by oom- ebenl. author-mes. hence my re- commendation. This letter Is not. wl-Itlen In an spirit of cont-rover- Oy: It. Iapurey a resume. or two venra expenditure. all of which can be Vtflllifld w the prlntad mum FEBRUARY 2, 193; l i 1N AFTER. pays 1n afte do. h r3553; . Obrboprtheyiatgng‘ vihere 1m IIC. ‘rhouxh Ill or well th l A . My slender claim to hiniiiigcil t???‘ I shall not. questioner reply. ' I hall n t. In . I ilhall iiofelieare iliibmiillizhsiisiiiinq 5 - . I shall b mute all In after Bdays. u men must But yet. now llvlnz. faln were 1 btfigieaitislsigpe" W“ "M1 o . no serv h - .- *WlI1 nonell-Thenglisit B1238; ‘Ifignlfi, die In after days! "AH-fill? ,_D9bson. Ible. In order b0 do m, It ls nem- BBW to refer you. to the net deb, as at. December 31st, 1935 which was the end of the fiscal year o; the previous Council. It was lllen $1.699.083.36. On January 15th. 193a the close of the fiscal year of the present. Council It. was $l,994.351,55 rom which must be deducted $1. $11.76 paid the Public vacate‘. Commission covering the Citvs share of the investigation into ihc rates of the Maritime Electric Company, and which under their agreement of settlement will be rewid by them; $21,000. Relief Grant paid by the Governmpm not. previously shown. which leatvi. $1,965.979.70 or a tqtql Increase in net debt of $266,896.34 for the lift‘ years. mark you not one year Comparisons are odious. but it might be remarked In passing ma; deficits on ordinary account alone have during the life of parsevloils Councils, run tron; ,000. to 3110.000. with absolutelv nothfng to show for it. while ills Increase in the debt has been lii excess of the present period. Nou It might. be Interesting and pm. bably somewhat enlightening i0 Indicate just what we have to show for the Increase. For our Informa- tion this together wth figures it net debt are shown. below: DECEMBER 31, I935. Bonded Indebtedness $I,978.860.00 Bank Overdraft : 47,833.44. 3.026.683,“ Less Sinking Fund 327,600.12 N69 Debt $l.699,083.36 JANUARY H, 1938- Bonded Indebtedness 32.192.850.00 Bank Overdraft 164,474.40 ozasvfilu 362,912.74 311394545196 Less amount t0 be pald by Maritime Dectric 7.37196 $1,986,979.70 Less Relief Grant. paid by Government not: tprovlously Show“. 21. Qiilosirisrio 31965111910 109005316 Leas Sinking Funds Net Debt. I997 Net Debt. 1935 Net Increase In Debt 5266-59634 ._l.‘:'_!i-. .1. 340.64 30.143115 $241,548.46 0341-13519! whlch are available to all citizens with 9, deep appreciation of the honor and privilege of servlui! Li"? City during the post. two years- I am. S11‘. 806-- P. W. TURNER Mayor I Ll) TEACHER AND ANMgDEllN EDUCATION SIr.—Du.rIns the D851. yet" B °°"‘ troversy 0n the subject. of educa- tion In Prince Edward Island ha? been carried on In the columusko your paper. I myself have Ilr en considerable part In this controv- ersy, all my letters, so far. 8911991‘ Inn above the nom de Plum" _ "An Old Teacher". But, as 561/9131 of the leading controverslallst; have recently suggested tliiil should reveal my Identlty. 1 m“ now izolniz to do so. and» at the‘ sometime ulve a brlef account <1 my experience In educational mal- ters. and a reason for 11w "hi" that ls In me. I om. Slr. an old teacher of 1011i: experience In Eastern and Wc-“fl 11 Canada. To be more exact. mi 3." perlence amounts to 12 years teat H: In; In Prince Edward Island. out . tchewan. and I5 YBBYR l“ British Columbia, In which 111m‘ nee I was compelled l0 leave bu? teaching profession on account 0 Ill-health. Pbrty years aizo I bell“? teachlnu In my .nat.lve l>i‘<>\‘""f" and after teaching there for lit-any B years. I went west on the Mimi- toba Harvest Excurslon of 1906. _ That. excursion of I906. Sir. H5 In the balmy days of Canada- It was In those palm dayfi Witt" d? areal: statesman rued the lit-a - 6nd hearts of all Canadians fret: we Race to Nootka Sound: R" on special ‘ this great. chief- tnln was wont. to announce t0 111W world that If the nlneteenth 001111 ury belonged to the United Slate-i of America. the twentieth century belonged to Canada. It was. 1" short. In those do a when the the" Prfnoe of Wales ad "a 9111i “lib Ier" and consequently 011 U" wleauirh 0'1 his Illustrious mother. H5" NH" Mild Ireian and Greater Bfllfll“ beyond he ins. "Bliss was It then l0 be Hive, but l0 be YOI-mfl w?’ very IICIVQIWQ-Mi least It W“ s‘ mlclbnfl-Ifla. the summer of 19°‘ teaching In Manitoba but the cqlfi Icy blasts of November there ‘- uced me to seek a warmer climn ti‘ and icoordin Iv I wont. West. ‘ at: ati-ttIi-.-I"Paii‘1tl‘1 a us r0 Iaeovercd by Prln m rd 1-‘- e wit ind teachers. Here I launch}: his pen In trugy aurrimer In Manitoba, one your l" .