CPAP
PEAL 
PRIVY
' . » '7 -"‘_"f’ 3 ' ` " . V '..'>~'. 'e o  _ . ._ "`"""""":"f`*‘i’¥?*#51"¥`
‘ » ` "» _  __ :fy  <34), _;;_ ,; _.__,<.,_~.f_ _ . ._
  ‘ THEV °‘UAP~°l4N»  ii’
hi our Representation
I Details the Steps  '
and Shows the
  
I 0
_ lrlnted. ereason i-1
_ Nrent. The docket of cases e
PFW! Council is very large,
Dtrmitted an lnfringment of
OU N ‘L would he swamped with cases
C ( ip at the last miment. The  and
strong reason to my mind w"" tliatMr
1.. Aylesworth who was retained, ' sired to
-_~,.,.,. . l, _., _ _ _
‘ return to Canada after the sitting on the
 _ . ' Alaska Boundary Tribunal was ended in
asc-___ PRm|er Peters °1'5¢1' to be present at the Supreme Court
 I  ' I otooiowo oboiittbo ioboi November, be
havi everal or tcases comin on|
dlng  Appeal andslxcbthe dclgg gifting whethergthe
.23 _ .  _ _   n _ _ ‘ _ _ ___ . _ .T if _?_§_-V, __ _,_.,_4o___'.
Privy Council would hear the case in that V A  l  ,H 'I7  ‘si I ‘“ "ll
3 t no at ou Itborofoio dooidod that so ~'i - ._  . '_ '  
C uses of De- _ _  
the matter was one in which a month
____ ° would maize very little diffenenoe, it
     would be better to have it settled positive
` ly when the case was to be beard. 
' f As it now stands the application for
leave to appeal will be made, all the pap- I
A ‘1`5b¢il\8l“.onthe1stdayof November, _ , _ ' ' ~ = _V V V -- "  ' ~ - f , ,_ -t  V
ood ibo oooo win bo mood boforo obo Said the manager of one of Canada?s largest ~D_epartmeni:e.l stones,whose catfogdlc
° - ' ' '~ i  ' 1'. ' ~ ' A  _f-Vi’ is 'S i:»:<..V~‘-mio*--
Privy Council byM A 1 rth d _ _ _
...ifo.-...oo oo... of....l.ff"f.. ~o§§'.ifmfi be found all over our Province:-_-‘_‘_I would Say that dunng the !ast__tep_years_we 
this Province in the February term of V _ _ _ _ I  'P  I  I ` ` _"M P  1 5' I 
to P E Island $ o oo worth of General Dry 'Gobdsl 
that court. As to leave being granted to ' ° 5 ~ _ _ ' ' ` ,
appeal thi , b fore. ' _ , J _ _ _ _
ooo°1u.,°:_“§,,°Pi,f;%§;:,Zfiuwafgx $1.00 worth-ofFurn1ture.’ If this _DePartmental_stor,e,_,="S6ld‘
I am informed by our Solicitors in Lon- 111011211 III P. E. I. tlléy W011ldilI1    $5,000.00;
500. Messrs Blake and Redden, grant Per
'ledveto appeal where a constitutional . . . ‘ V _ __V,  .,> ~ ,,
_...Ve of ..,,,_|,,,,,,,,,,,,,_ I ,m ds, ,d,,,,V__ _ Personally we believe that quality.cous1dered;Vbo;_fh Furnlture
_ _ *d,?.°"‘°ii°ls°el'ootby Mr Ayieswoi-tb - _ '- ~ » _  .VV _= . ._  ,__ _. _~ _
tbgrl migbtbtoq, deny io _obo motto.,-mg, he bg, no wb, at an ,_m__m Pm’ been sold_ in _the past at fair prices. Yet anydealer  to do so 
' ' ' ` ` " ' `  ‘ ~ ~ .V ._ _ ‘a  f'§‘<_iV*  1""-ii' "
Attorney General and as the person hav~ Kr. Ayleswortli, the Counsel' whom I pro- C 1 in A _
ing the conduct of the appeal to state how posed to retain in this appeal, and who 182:28; Yppelna n.;£b;;°tth?‘::_;;t?2 11311185 Of d0Z8I1S _Of   y¢2.l'S’ l13.V¢  HIC ’    ;  i
Dunn SIR;-I have noticed quite alot of ' there were several criminal trials, ani-
ggiwrials in the papers recently relative ongst others the Gillian case, and thc
to the representation appeal to the Privy Court lasted some days. Ou the 18th of
Council which, if not contradicted, might , June a meeting of the Government was
have the eilect of misleadini the _Pilbllé lisld. for @e purposaof deciding whether
as to the actual state of facts. I. am also it would be advisable to appeal _jo the
ways loath to go into the DIOSS “O3 88 T1* Privy  Council. At this meeting it
prefer to let these editorials or communi- was ordered that _I ascertain as soon as
onions be published without comment so possible the probable cost of soon an
d t affect the public mind appeal to the Privy Council, in
improperly. I noticed especially a ve y case the Government should decide at
° another meetiug.after having ascertained
0
oommeueiug' on the state 01 the appeal ihehost, to edgy the ease there so that “
S _ _ __ __
long as they o no
l*
my ,ditorial in your paper of this m rn
int! _ ' _
and after reading it I think it my duty n
' I
5| 3905
~ fi -i ,,f,.>, .~ o._,\ .
r ' '
anis 1
Jai'
I .. ,
.__ I! _ _ _ _
matteractually stands. The Guardian hassince been retained, left for England d d b I Vi _ __  _ _ _
You a ou t. _receiyei Yesterday a let Carpets  &c from__T°r0nt° ‘_ _ __ _ 
House of Commons when the discussion
e u 'Some of these statements were with hinpwould have to be forwarded to :,:;;c:i€o°];:‘;l1§ ;sI°w:5g°;f) it cr; V . f . - .f ,
5' g ‘ ‘- ' 1 ~ - _._ _ “ V - ~ , _ ,  '_ " '_  ~>+°V»,- *_-é ‘.~=_V’.r,
‘ ‘ ‘ '~  » ,n_ V ;.-at o \ »
Ol!!! D~.
true in some respects but incorrect in England andlwould have to wait for _ I _ 
others, and would therefore bevery mis~ his isliiisvvver.  the 17th of July, I called ;T;ey:;;n:¢0;°e;12l;t,g,zigisyminzmg   g   
ano ermeetingofCouncil,whichofcourse an appeal batng granted bythe Privy, _  _ _ _ _ _ - _.  I  f , V_,,,,_._______ __ _ri V _ 
leading if allowed to go uncontradicted_
This case was first set down for heardngwas you weltkuow, requires time in ord ' _ I _ , V _ 3 y _ - l - J-» 4 _ V *fi* I 1
before the Supreme Court of Canada on to notify the members, some of who; 332333’ T:-dotsirrfsehetixouigpzxtggmld         
' ` ' ` ’  " ' f V ‘V  '=_ V .;i‘f‘€.`f_;  `
miilht be oifihe Island, and in this pir- Londo t 1 B
ticularcasewere oath In d. A hi u o anpea, but that Cmnsel _ _ _ o   . _  __, , ,V
meeting.an Order wasrziade xderin; Eh; Zzzldogtggiffxggiigly "M G°'°_»_".};‘“      I _ _    ,  T
‘ A a e ‘ " ` ‘ i __ V _ -
.V _ . _ _ _. fi'-.i`7_".».”:! if-;:t5I§;§~;.1‘i
|heRepresenta€iouC ofPrnceE wa a “gon ,, e sqllxmew ° V   _ _ ,..
as i d ro ppii i B b ii odd bil e 3,1() lOl' thell' _Q0dS, __ STQG_K___1S,____,9pen__
Island be appealed to the Pri ` Co 'l ' ' P l A _
I then took the necessary stepziytoizgtu 'Za-1l:u(;ppI;.(:i;§;: aplnglcatlltonij apezlzlbnlg  A _ i A V 1 H g _ _
casein trdinforthatCourt. On f th ,'- I pm ° ' K ° ' I  A  " 'I ~ “ * " “  Q q -   J.
ent “fps no be when was the Eznging oi t_h_;.tca;;i.tco;is_tit1tEonal matter involving   _       Q;  _-
acertiiled copy of what is callezi the Re- Ame,-ia, ;¢,¢J°¢;c Uma British Nmth ` ' " i ‘ f V' -V l ' V _ V -~  Z .  l VVV” ' . V' ' -:
gc:-d of the Judgment ofthe Supreme Privy councé 'could g;r:iemit§t;_¢1 fgavgflg _  ' _  _ - V __  _  _.;::i_i}i;_;_ _ __i,;V.
' nrt C nad - -- " ' `
iii t :’viob`tbo'l'>°riv1;mllTileiian(11T fill” °ppe°l°°° p°""‘°‘ ’?“ °'°“"‘V: ”°" 8°”
- GU any necessity of sen-_iiug Connie] uve, to
inszructed t f
known HrmmL_88;;1___;_f;;;)_tt:owap_2cu;el_l ;E_te_;1;l__\_;D£J_:1etl:I<i_;i:_Dlicii_ti§Jn  leave.”
1 ' r o cave appeal,
the authority of an Order of the Governor
General in Council on the 12th _ef May
15113 on questions submitted V to the Sup,
reme Court by the authorityo! the Gov-_ V
ernor General in Council aglted to B! Ill!
self and the Attorney General of Canada
which question raised the point at issue
between the Province and the Dominion
Government as to the representation. The
case was to have come on in the M-ny term
of the Supreme C iurt atOttawa,every thing,
was prepared and Counsel retained, name-
ly Mr. Aylesworzh K. C. of Toi onto, ta
argue the case with myself. We went
to Ottawa. Uuhappily, while on our way ~
there or during the time we were there
and before the case came ou, Mr. J uetice
Mills, one of the_Judges of the Supreme
Court, died, loavingtbo Court with only
four jud#'-not a quorum,-onef of who 
wasMrJusbiee1)ades. We miibt per~
haps by consent of the Attorney General
of Canada and myself have proceeded to
argue the case before these four judges;
but, I certainly did not think I would be ‘
justiiiediu arguing the oase_befmea Court
which was not properly? constituted es-
pecially as one of the 3_§udg¢’a vi-ag Sir
Louis Davies, ivho Iithodght held certain*
fixed views on this subject; and therefore
Idecided that it would be bett r to return
and go back again when the Court was
properly cirisvituted. The case was there-
fore put od’ until June and on the 2nd of
that month it was arguei before theBench
consistinl of the Chief Justice, Sir H E
Taschereau, Sir Louis Davies, Mr J ustice
Girouard, Sedgewick and Nesbitt. On the
Sth of June following, the Court deliveredi
judgment by the Chief J usrice holding
the case in the affirmative; that is, decid-
ing that the Province was not entitled to
retain its representation of six members
and is liable to be reduced Qach decennial
census. We had then eit_iier__..;to abide by
the decision of the !upren:ia_Gourt, _ 5. to
oops.; it fone bigheot Geiirt in tae land.
the Privy Council. and  -the matter
dually settled one way or the other. This _
was a step which no one would ask me or
any one else to take without proper con-
sultation. and without knowing whether
the public and the Government which I
led, would justify me in taking this
course.
Before the case could be appealed to the
Privy Council it was necessary that the
Government be called together and an
Order in Council passed .authorizing the
appeal to the Privy Council. I did not wish
to do this without a full representation of
the Government at the Council Board.
On the 9th of June on my way to the
Summerside Court I received a telegram
on the train from my agents in Ottawa
saying that judgment had been given by
the Supreme Court against the Province.
What the grounds of thejudgmeut were
I had no idea, and I immediately tele-
graphed for a full copy of the judR!ll¢D%
to be sent me; and I could not
of course call a meeiiugi _'of Council
until I had such full copy. At
L his germ at Summerside
'_ »' ' _ _ " ` 1
`Prinole Edwari  the Repgeseutatioii
'that Court to appeal. In ordinary cases~
P"°P°' °°f°m¢d C007 of the Record of the
Juilirment, which is a voluminous docu-
Ottawa, but would be back in a few days,
know when he would return to Ottaw-g,
On the 4th of August I received a letter
from our Solicitors at Ottawa enclosing
what they represented to be a certified
copy of the Record of the Representation
Case of Prince Edward Island, but on
carefully perusing this document 1 happilY
discovered that by some extraordinary
mistake they had annexed tothe Record
insiead of _ tho. Bepeseutation Case Q
Cape of New  and N87; Scotia;
frhis necessitating  eendioi* the me
back to them tohavé this error rectified.
which wok some days. `
As before stated, Hr. Aylesworth had
sailed for England on the 17th of J une
but beforeleaving he had given me his
cable address in Loudon so that I could
communicate with him if I desired. Ou
the 25th of July I cabled Mr. Ay lesworth
at his Loudon address askinghim whether
he was willing to act with me in the _
Representation Case before the Privy
C ouncil and on the 27 h, two days after-
wards, I received a cable from him stat-
ing that he would act. i ' ; _
Io order to appeal to the Privy Council-~
it is first necessary to obtain leave from-
between party and party and in ordinary
decisions of the Supreme Court from the
Provinces and Colonies this is generally
a matter of argument, and the Privy
Council sometimes refuses leave to appeal.
But in cases where the question is a cou-
stitutional ooe leave is never refused.
In order to obtain this leave a petition
has to be presented tothePrivy Councilfor
that purpose setting out the facts. This
_petition was at once prepared by me ' and
sent to England, but as the time had then
Fagged Out, V
Depressed
_.11-
Euergy, Snap and Ambition' Gone
-You Need a Bmdng T°°i°__
to Ironize the Blood- Try
FERROZON E
_-._Ȣ_ '
Ferrozone will mike 10°, 9tf°n3 ‘md
oooobio of doibz a beavyiday S Wvrk With-
out fatigne. It is a lllll'V°u°“9 femwii
imc does marvellous things, as the follow-
p testimonial proves:
§After my baby was borllfl W” left '°
a weak sickly condition, totallly nuff# f0l‘
a mother’s household duties. somehow
did not gain strenth, althoullh I \¢°°k'm|lI'
extracts and topics alltbe time. A _M17
friend recommended Farroxoce. ‘W`h‘°" ‘I
used with splendid results. The Srst
box helped quite a little, and when I had
taken six boxes my former health. rlxigv
9
gheeekg 'md “om sum S’ wages. I have been advisable to have asked the
restored."-M ~ Newland, Swan
You can’t sisnd wc, to a better advzlat'
age than on a box of Ferrozone. ind °
soaps: you set gerxoxoné. Uh* gggzgaggg
w t ll. 't accept' I ` f
h ge we mdiu ist-an Pill” tl"
éf.E.Ii’.?.§“ii~2.f‘..§£’.?.i. ..‘i.i.i.V_..ii‘i’- wigs
`, i bo air so."'Br\=°*1'.iV “'
riff. iiiifmoiaoomrny, xumst°»»01
gone on to the end of July and as August.
(although some of the members at Ottawa
do not seem to be aware of thefact) is one
of the months of the lon g vacation in Bog-
land, when no Courts sit, no application
could be made until that long vacation
was over, so that it was impossible even
to make an application to the Court for
leave to appeal, “The petition of appeal"
which must be distinguished from the
“petition for leave to appcal"has also been
fully prepared and is now in England. The
case, also which is somewhat similar to
the faotume prepared in the Supreme
Couit_ Ottawa for appeals there, has
been prepared by me, and is also in `En|z-
igod. Everything is therefore ready for'
one appeal to come on and the only step \o_
he taken now is the making of the ap
plication for leave to appeal. This ap-
iplioation will be made on the mst day of
thd term in November when the Privy
Council first sits again; there being no
Court from the time it rose until this date
There was aquestlon whether it would
Privy Council to hear the actual appeal in
Noveinberthe same term as they granted
in-vo to appeal. But there  severaloh-
jestions to this, the first being thatit was
;§‘,;,n*'§’*!‘*,.,*:,'l?‘B"”°¥_.!9'°ie " °3°°  Ido not tbiokibio
trar ofthif'Sii`pr€iiii°e` Cour;"s 'ie bud "7 e wp “"°f N'
" ° W made by the different
mtl” tn Rem" '"’” th” ‘l’°°“t 'f1'°m upon this question and
y
iiwii _
and that they had telegraphed him ad- b
_ _ y you is that of the Minister
vising him that a copv of the Record was that no appueauun for
required, andrequestinn hlmto let them hu nt; been mme
being grants d, that question tpmy mind '
is settled. The public therefore' may Yogi;
ow, and
argu
1 57. J .H
rl )  
_ to in
our paper. One statement-_
appeal
a certain extent is
the Minister of Justice in'
making it must have known, as
Deputy Ministers does know (and I pm.
some he is supposed to know? what hii
Deputy knows) that the 
under way. Not only was it  way,
but the Deputy Minister of _Justice was
askipgmeto D°§§Do_ne the time of hea-
vlgii. Qhe Attorney general Kr; Iltzpat-
:Qin  qucted..hr'§r' The Efndniner as
sdyingthat this appeal was made to ' the
Snprenie Court-in Hay last. ,and there
was nothing t0 prevent  
Island from petitioning His h_I\iesty‘;1;
either the sittings of the Priqi Council
in June, July or August. If this is cor.
rectly quoted, the Minister of Justice is
most grossly incorrect. The case was not
heard in May as the Minister of Justice
ought tohave kuown,_as therewas no
quorum to hear it, and it was not heard
until June. the following month; and as
shown by me by the facts above, it was
impossible to have had it before the
Privy Council in June. The Attorney
General of Canada also ought to know I
should think thatthere is such a thing
as a 1o_u_g_v_acation in England, and as a
.oooioii*o:‘ioot obo privy couooii door ooo
sit during the months of August, Septom-1
her and October. _
However, to put the matter shortly
and to allay any unrest there may be _in
the public mindas to whether the appeal
the appeal is being perfected, as fast as
possible, and- it will be heard, barring un-
seen events which mighli l1&Dpen_between
that time and this, in the February term
it might be said if I simply contradicted
the statements made in the different
papersabout this matter, that I was
speaking without any grounds for what
I said. I have given the facts, and I think
any one can see, if he takes the trouble
secuted asfastas it possibly can' Vbe,
and that lf» Will be hohtd b€f0l8 hh!
Charlottetown, Oct 2nd 1903
YERFECT CURE FOB
This dioease can be treated only
e y carried to affected
with the al
intended these omaha
air alone
t _Val
` wher
ir
Pri
tarrnoxone
heal
ever the a
' an --isep- ic
affected
the
every
slo #ly
ment coniaining as it docs adifiavits of pe;-feg 1 -V* i
. _ ' _ y assurei that so fargsqetung _ _ ‘
;;1('liD;__g!;;i;3uattac§eg, with t_iie____¢_;u_!_.|;;,;__,_o__",e $89 _re the Privy » _ __
®mV.;$%°‘;P’b° %‘;° J~“‘i_¥'§Pi¢__°f '=\_j¢_,__§oo$od it ispmotiooiiy
 Ve’ 7  °_R°d§"`”` °f 5,5 fav thin'&»'§iin readiness
Court. Ou the Z3rd'of July I wrote cur med, which ,nn take place in
sox' ° ~ - ,
t“1£'tt;’;`°n‘;e(?!°“w:ter°q“;°t‘°3 i'h°m _" I wi uld have preferred that
5°" Us ° °“°¢ t° °bW“ 'might have taken place
° certified °°p7 °f the R°°°rd 5° b° ‘Wt you will see from the facts
E .
*D _'Inland Cn the 29th I received in t_h|,,__1et,e,.’{t _,ns utterly
° 9l't°" "1 “PU “F IF - f"°f go v adthe case any
ark
the
isquite correct in quotingn number of girghe 17th of June, the nay before this terfmm the Deputy Mmm" d Justice'  , _ ,_ I .   _ ii _ .
e  1  V - :V,; _ s
ii ` ' '_  ` :V ‘ . _ ~'_ ii - "'fV"""'i5,"3’ii"=1f".;’u
statements made by Members of the rin Council was d , d th f
~°’°°~~“=f°=ii°»=»"3 °1"3»°»\3"»»-‘»'53 ”"N°."°°'“"'“°“°“'“°‘°' "*““V‘“ ’°" V _ We show the LARGEST SToDK»~oif 
.. ~»~»` .-.f
o
me
s»-f“‘-
illdhrv sroahhdr
E
is going on or not,all I have to say is that /
to read them, that the case is being pro-_ V_,
;;. _V,
| _ ._ __
,__ _
pnnnoonf  
V s surrns
. i
Never before _ have? we
shown such a _variety of
nice things ~in 
suites. Prices 1 start is at
$14.00  run-V_-_rup"'i; to
$35.00 ‘ In all _-weVshow
about-zo different designs,
all the very latest; _We
can suit you, no matter
what price you want 'to
PaY °  _1
SPILINGS. I
Best value inf springs at
szss, $s.2s-$4.25. Roal-
izing that nothing is so
annoying as a worthless,
Sassinz. creakins Spring.
we. .have avoided _every-
thing “cheap” and have
stocked only reliable goods
ni this line.
of the sitting of the  Counoik, I 4 
ha egoue into this matter fully because- N, _ ' V :.1 _ 3 _ _ _
'     iaosi AND BRASS spans.
rnV__.Lows.V  
Exoéuent vaiaest 
1-50. $1.60; $1.75.
i
M 
G°i>d V _houssksenexs #fs
mostt&cular about 
mat _ . Wehavek ' `
ibio filo: in sigh; io on 
purchases. ' Our. $3.41)
cotton top* mattress is just
  
f   
8 . .  ,Rv _ _ _
between 33.50. _ sooo,
$4-90, $5-00. $5-85. $6.85.
$1100. stlilo.  Our V
patent 
intwoparts I , ,isa-
beauty, and the very es-
sence of comfort. ` _
` _'_ ._ ; 3,.
I _
»
V ,ff
thcrsgat 854:,  $1.3,
Aiinevariet of Iron Beds at$475 upto `$l350 bean-
_ y , . _ _ ,
tifully enamelled white and omamented with heavy brass
knobs rods and scrolls-_-other higher priced ones to 
later. We would like every lady to call and see our 'law'
_Bed Department- ` ' '
‘i A _
__ g- . ,. _ v
" i ._ _
.‘$$,»¢‘ -.
Privy Council n February, when I 4ruet -
i . - __  '  __ _ _ _ _____ _ ___V _ _.iff 5 e A ,_lt_ if _"5 ~ I  ;  ._
ia decision in giver of the Province ma! I 0  N E W 8 0 N
b°B‘\V°l1 - ___, `  y / _ __ V . _ , ;»V‘1 ’
_V Anrucarmunsf I  _   nga* Fui.i§_“,_, ' '
 _St\5_»__res._ `
I i4i°i'f>°i1°2°§E”*'i°"'°v»7i';°i,d°” Mt
Hssnever
ii
the
POUND
or Ruby
thatrealenjoyment whichishk.
trade
IN!
~ ,mm-arytotheruleofihoPrivy Council
gg near appeals inthe  
4;.
1
Ive
f`;`T‘)` li
A fresh supply
Ellis three
-i

 
Proprietor
q&£$i
. .-
  9'[_|¢5
ii _'rue sinner siiioboro 'win be uid on on
lWedne¢dly. Dot. 7th forrepairlandthesteni-
uooiqroiai.; V 5,!
' L raison.;
" non
4.oop.l§ ,_ 4-3°P'I~»
_ sub;-Il# _» em
'nodnribeboimoooiumeiiioriiaowmrdn
dntiiesnuthpnrtlerry. _V ' I
:did , ' ’
9o°¢- . -__
l xr.3on.u\. _
I
*-<- 
Ii D
gi
npwin
i
if mad 'iii mu nie foiiownig nip in
nllwml