THE CHARLOTTETOWN GUARDIAN Supreme Court 0f 5 ‘Testify PAGE EIGHT JbNE “'99 Interesting Lecture At P.W.fl. Hall "The British were napping ill Burma," 5mm ' MES INIIIGESTIDN WALLOP YOII HIIbEYLOW THE BELT? III Forgotten "28" For ‘Ilse Khrl (if aaxlizinrmnnx no» You Rarin"|‘s c. w Gordon Fore,“ c a; belo lt o n" “ma” h h“ and writer'on the I.“ AN ' lecture delivered to an audlérm , CENTRAL culinninl sailor's Body ls Recovered Presentation of Address To Msgr. Jean Ghiasson this column ls reserved rue news s- labs] Interest. In sdvsrtlslu 0f : news; nature all! N \l""'d u nests a word. 11149"! 9'75"‘ '- sdvuos l) The body of Probationary Steward L-Oyd J. Stewart. R. C. N. V. It... _ COOKS lor PUUIOKIBDDJ» L-tos nioreii Rear, urotvned in the Char. On the occasion of his nlnetietlh birthday and the sixty-fourth a-tln - yersary of his ordination to the priesthood. the parishioners 0f Riistico where he laboured thirty- ilanada Judgment cal-M o»- - allowed. Ends Unusual Base l» timberland Ferries Limited, H01‘: Mr. Campbell outlined the even x iottetounn co o tn at h l includedleadtflx For‘? mlgheeqstillgilitofny W28 _ -—,_—'— .. . . ' i" “r n e mum“ lmiissa in th theelegaciesT elsgaces __ the rs p- i- coNFt-Uhnailou Lil-E L\5_UB o1 May 28, was found floating on supreme 60,3‘, f,',“¢.'.§§§§‘ o: 011:3 memorial tablet in saint Paula 10,-med in 1988 or I999 and was firs‘: . Ch‘. m? “m” ma" m“ m11511°1°11811 case Ewen Henry Cameron and Church. Charlottetown, a memorial incorporated in Nova Sootia an “'3 ,. v ‘mdge Yeswrdal‘ Nine 011161 1105's. me}; versus Happy Winchester 1nd stone in Saint John's Churchyard. late,- in Prince Edward Island. Its can: 01514-5551“! 0mm“ “m ‘We '“ “h? W“? 1181111118 W" glhers of Charlottetown blo-lgiit h. Belfast, ssoo to the Bible Society, object was to conduct a ferry 5e1- fLVG tears presented the following address to Magi". Jean Chiasson at slush-ates Court. CA1)’ 111111- 511%‘ - k r, Dr. J. . the Sacred Heart Home in this m “pea e city“ MacMillan. Public invited. 6-11-11- suonr run: - City 111F118" were outvshorgly flllgfazgveogiilfig l t EYGIIIHZ 1‘ a Sislllilpfil‘! side of the number-ouch As with graiefktil lie-alas wes celeé Budge, The tunic confuijedwg brrlte the mon 0 e acre a pile of railway seepers an flcart. and particularly atttlhlsalllmel of slight CiillbttqléfillCé. Cinly a feW 111s Adorable Presence in e 955- of the tics tvere amRSe - ed sacrament, is it not fitting that -— > we should likewise celebrate the Lppvfgs MONDAY - Mr. Wil- t '1 1i those who are Hi5 dear?“ llulii Brown, scheduled to leave for s on cartlv-Hls priests? duly (ill. the mflllllkllld today, has We fully realize that without the been granted a few extra dale 111d Sacred Priesthood there would be will leave °11 M°11d=1y lhiilefld- He 15 no meaning in our tabernacles, no going as Supervisor of the 1411181115 Blessed Eucharist to sustain and .. Columbus War Servlees- nourish our souls. With full hearts. "T ‘L STTTISTICS Birth. inertia‘. do we thank God 1' 1 1 h “as, .. _ 111 f - -,, numbered 62, dcallis l3 and mar- wl ‘Atfnnasirgnhipeca y m yo] ridges 30 in Charlottetown dlirilng S ‘Ly-four years ago. in the full lmetrlxmlgilgloisgg/Itgltlicn‘ reairgeréagr generosity and earnestness of rlcfxéeimg Dipusw gums,“ m; 3'°‘m§~'.m*mh°°d' ymf. wnsgcmwd Public Health. There were five cases " H“ i0 the “"195 c‘! Christ" of scarlet fever and nnc of chicken- “ ‘ V118 ‘U21 bevi£°llégplliP pox, the health report shelved. 'D(‘l8 e w .i lm in m; k’ liiiiciig mun. And indeed ' £111 tlicse years been an ardent apostle! To us, the parishioners of Rus- tico particularly, has it been given berm, is missing after recent air to with . and to partake of. the operations i.i Eurcpc. sgt. Peebles .s of your priestly heart. was among the first airmen sta- thiitv-iive years 31011 laboured tioned in Charlottetown. He left . monisl lls striving by exhortation here about a year aiid a half ago. and example to turn our eyes to 1* ti imperisliable riches of Eter- NEW PLANE HERE -A new nitgq \Ve admire and respect you as plane, which arrived in the city this u model of fcal and of dignity, and Week from England, is attracting “.1 ye you n5 the Flabher of our llllliltjhtiilllgllligli. It is a large v zln npi c qiasscngel‘ alrcra _ your Eightyqmh WhlCll was purchased by_Maritlme _ _ with paternal Soncitude and Central Airways. It was f.owr_i here ‘ mug energ” you Watched m," b" Capt. Carl Burke. The aircraft the welfare cif the people of Rus- was ‘mportcd t? this ‘fmmtry n“, Beloved Monsignor. is it any virtue of a special order. u-nndcr that our hearts re f l1 . _ ,‘_—_ ,. _ mm ,,,,,,,_,._ m, your“ n,n§,,,,",§ POLICE REPORT _ A total of b”. ,0 reassure you of our £48 arrests wei-c llidtle by City Po. FIvI i ice duiilig the month of May_ it ipuiahoii and gratitude, and to . 1 d 1 m h, t “N1 1m‘ “"11” “APP? "W111i? masciitigfi‘; BilrtivifsztlxelgonOtf 2r2 Tiic world needs you still, vener- were Commbn dl.unks_'-rwo Convict- 117311?‘ 3T@11$1f-'11°1'- F01 from Will ions were obtnilicd tinder the Excise lii-mbl- rcom herein the Sacred Act and 13 iliotol- vehicles we? 1 i“ Home there radiates a pirit- tagged for inlrrlclions cf the Tra - 1mivci~ which influences smany fic regulations. Bicvcic licenses is- l; is hcflrts like ymu-s that sued at 50 cents each ivere 10?. the q (ll-aw mm to desire and w w,“ attached report revealed. A total oi’ iiirl: trite peace which the world 565 have bee“ registered w dam‘ can not give or take away. ',"—"" Q,“- grabeful love 15 be“ expre55_ ARRIVE ON VISIT-DI‘. T. W. ed m m, words of the beautiful Cook, Pli. D.. Associate Professor w“. 5; o _;(.5,,5_ Emma, Priest‘ r Psychology at, Toronto Unltel- keep this, Thy holy one within the my ‘wmvgd m m‘? my last week “mim- O; Tm, sacred ‘Heart’ bless accompanled by his daughter Flor- his labours with abundant fruit. en“ “d 5mm? 5°“ Fmncis‘ They and ma‘, may to whom he has mim were guests fol a few days ‘of Dr. {Span-ad ‘be here below his joy and Cook's sisters, Mrs. E. S. Giddings consolation. and in Heaven his ‘md M“ w‘ E‘ scamkimry before Lem, - ' leaving for Murray River where they will spend the summer months. They will be joined later by Mrs. Cook who is visiting rela- tivm in Nova Scotia. Rt. Rev. Jean Chlasson, D-D» 11P- sacred Heart Home. Charlottetown, P. E. I. Dear and venerable Monsignor: IQEPOIKTED MISSING- Numer- you have ous friends in Charlottetown will deeply regret to learn that Sgt- Willlam Peebles of Lethbridge, Al- uiiiil by - led on behalf of the parish- ioners of Rustico. PRESENTATION — Oil Tuesday evening, Julie 9, the empoyees PERHAPS HALF f the Prince Edward Island Tclephcge rCo tliued from page 1) “m” ‘m ICompauly waited on Mr. SO newspaper Ashal had paved the Auld of Charlottetown and present- way for something of the sort with ed him with a. very lovely mantle an article ziich went back to the clock. Following a few well chosen Rl-lF-tll-Jflpanese war of 1904 to show words by the plant superintendent, i‘ ' cvcn in its victories, Japan Mr. G. R. Starratt, the presenta- t lose a. little too. Hence a clay tion was made by Mr. Ernest Mc- the communique came out. Nevin, plant clerk. Mr. Aiild, who is be ille Japanese to announce some ra- ther sharp losses, along with mun. icr-lirllaticing claims of success. The Japanese description of Aleutian Island affair fcfi ill this category. k Spiked by U. S. It was spiked quickly by a Unlgqd states naval spokesman’; rm- iioiincement yesterday that tainly none of our inhabited their very thoughtful act. and for their co-operation. the BOYS PARLIAMENT-The first apparently Boys’ Parliament to be held in a. considerable number of years will assemble in New Glasgow on Eri- day evening of this week. Boys f widely scattered parts of the Pro- “cer- vinoe, about fifteen in number, will areas. discuss matters of interest to teen with age youth. Heath McQuarrie of me.” Victoria will be Prehiier, and George Jones of Powliai will be leader of the opposition. The Parliament will be held under the auspices of the Provincial Boys‘ Work Board of the Maritime Religious Education Coun- cil. Rev. I. J. bevy, Secretary‘, will direct proceedings. Island Nurse ls Graduate ___._ MLONITIi-Erlb. June 1(>—(CP)—A PAINFUL ACCIDENT - Mr. Al- class of 0t! nurses of the Montreal pert MacKay, apprentice at Bruce ocneral Hospital were awarded dip- Stewart, and Company's machine 101111119. culminating three y_ s of snap, received painful burns to his ‘rammg atK111911fl=1118e=ter¢1ses11=1d hailds and about the body when his sgsttzifihlg_oslmflls nurses hm"? hem clothing caught ill-c from a blow ‘ ‘ ' to h ‘cstcrda afternoon. It ap- Tlie list of graduates included? Persia; hie yOlllllg man had acciden- tally spilled some xosoline 9n giosnmoncl W. Neill, North Milton. E I‘ clothes a. few minutes before light- l trig the torch. Other workmen hur- ried to his rescue and quickly ex- tlflglllsillffd {tile flttimns. H; lwas g2- osmnn f _ nledintcy a en ‘o’ =le _r rice '1 - sisizint agent and lrjadlo opgrataosr. “in?! 1sl9“dr§°°§im{l‘>l glencrigthggriguk- Must be exempt from military g3 ogvgashe llamas kept m hospimj service and not employed ln war we‘; mgin \\‘01'k. Allllly Maritime Central Air- ' ways. Young mall for SOLDIERS LEAVE -— Eleven sol- 3-1143- diers from no. oz, C. A. B. '1‘. C., at neacn Grove lelt yesterday for ser- "we ‘lsewhmi m °°"““°“- Th“ g were: Privates J. H. Bikgar. Port- WA N T E n age; W. D. Gregory, Bear River; L. Malone, Brelidaioane; J. A. McAulay Souris‘ G. Lw McDonlald, mic/ernon River; F. C. hlte, Ciario town; Employment we Claims éhitififiiiliiil dii..?"2f'§l.§...-‘Z; Officer, Grade 1 male, Un- Mberfon; V, s_ Black“, Amum. employment Irwuronee 09111- dale, and I. F. Blanchard. Kenslng- mission, Cgilrzggvewwh. P- E- ton, Before leaving mtilieg we're re- I. Salary . per annum eel-lied with cigaret y te ro- plus cost of living bonus at vihcial Government through the present amounting to $11.91 per monitl above salary. Suh- iect to 5T5 deduction for re- tirement. The Clvil Carry 0n Canada Corps. The pres- entations were iooked after by Mr. A. G. Bruce of the Canadian Legion War Services. RECEIVES M. A. DEGREE- Word has just been received by Dr. and Mrs. J. A, Clark that their daughter Miss Elna M. Clark. re- celved her degree of Master of Arts from Toronto University June 4, 1942. While studying for this de- gree she was engaged by the Na- tional Research Council and work- the Toronto Connaught Laboratories under Dr. Hare. She accepted a position with the Con- naugl-lt Research Laboratories at their institution north of Toronto April lat, I942 under Dr. Craigle. Miss Clark received her Bachelor of Science degree from Acadia University in i935. She reocived her training as a Medical Techni- cian at Temple University, Phila- delphia. was Medical ‘Pcchniciltn at the P. E. Island Hospltfll for two years, entering Toronto University in September 194i. Her many friends ale pleased to learn of her raoid promotion. She is now en- - c-"iical iessalh. police- tions from qualified residents of Prince Edward Island, qualifications required at least public school gradua- tion. five years experience in a trade or vocation, some clerical or other experience in office work, preferably some experience in conduct of employer-employee rela- tions. Application forms ob- tainable at town or elty Post Offices must be properly completed and mailed not later than June 15th w Civil Service mpresentatlve, care Regional Supt. Unemployment Insurance CommiSSiOII Monolon. N. ll- oeung yir-iriqy ILQUI, eight o'clock. with the deceased vihen it capsiz- cti. we.e rescued in boats from the wharf. Mr. A. P. Cerelti C. N. . °1 347N911. and his crew o! nindglylf: wit; Ewfilllg on the bridge discov. e1‘ e body. The t it iiarllae Wharf, y 00k to the Coroner Dl‘. ielnililis and d unnecessary. sidfwflrl» Was a member of the H 1/1- @- S- "Queen Charlotte" and had been in training several weeks be- 1016 me filial accident. He was i , He uill be laid to rest ivltii lull naval honors this afternoon {he funeral will be held from ‘Prank Henneeseyb Funeral Home at 2 p, m. to the R. C. Cemetery. He is survived by his father, Pte, Martin Stewart. serving with me “Fl-new (11/9139115. ms mother in Saint Jchn. The latter arrived home lust night to attend the funeral. Tlirre sisters also survive and one bother. The sisters are: Mrs. Al- bm 14'9"" 811d Helen. both in s ‘ t d ihmgeti-fl. Johnston's River an e roth , ‘ ill Boston. er is Gordon’ Mm is I._J. Yeo viewed the ecidcd an inquest no; liev. P. .|. Hogan 0f Charlottetown 50 Years A Priest Rev. P. J. Hogan, one of Prince Edward Island's oldest priests. ob- served the golden anniversary of his ordination to the oly Priesthood yesterday. He passed the day quiet- at the Bishop's Residence where many “friends called to pay their respec . Father Hogan was born at “Pig- nish where llc spent his earlv days. He was ordained June l0, i892 by the late Bishop Charles MacDonald. Followl that he labored in vari- close a succession of dispute-i which have been before the courts continuously during the post eight years. Judgment was handed down at Ottawa last week. The circumstances of the ere quite unusual. Esward Roberson of Belfast died ill i883. By his will, he left his es- tate to three trustees upon trusts for his wife and his three daught- C389 \\' ~ ers. His wife died in 1909. The ‘ast of his daughters, Lucy Jane Rob- erson died unmarried in i934. She made a will giving almost her en- tire estate to charities. Questions having arisen regarding the inter- pretation of her father's will, pro- ceedings were taken to have his wit. interpreted and the trusts of his estate administered by the Court of Chancery. The surviving ‘rrustee of the estate, Hon. Ft-L. l-laszard. although he had himself been a Jud-e of the Court for quite a num- ber of~ years and was then (I934) living in retirement, was unwillln to accept the responsibility of de- ciding who should inherit the es- tate of WhlCll he had been a trustee for more than fifty years. He there- fore brought the estate into the Court of Chancery and asked his successor. Mr. Justice Saunders, interpret the wlfl and distribute ‘the 65 8 6. ‘Interpretation o! Wills re-examination of a principle rning the interpretation of wills then taking place in the high- est Courts. The cosc arose in an- other province. A decision had been given by the Supreme Court of Canada in accordance with its pre- vious decisions. This ticcision was being appealed to the Judicial Com- mittee of the Privy Council in Eng- land. At the time the Roberson will cnse was brought into the Court of Chancery this Privy Council appeal had not been lien . All interpretation of Edward Rob- crsoifs will was given by the Court of Chancery and by the Court of Appeal in Equity of Prince Edward A gove was $500 to Saint James Church. Char- lottetown, c1500 m Stanley Cameron. and the remainder f0!‘ Chllfch 01 England Missions. All the funds now held by the Ad- ministrators of Lucy Rcbersons es- tate would have had to be given up. if the Appellants had succeeded. sihce the Camerons’ share of come paid to Lucy after her moth- er's death, together with interest on these payments if interest were al- lowed as was asked for. wou‘d have equalled the total of Lucy's estate and there would thus be nothing left for legacies. Second Appeal The Court of Chancery in the second Appeal held that the claim of the Camerons to have these mon- eys paid back and to have Lucy Robersonls investments paid over to the Camerons could not. be consid- ered. but that the estate of Edward Roberson should be divided between the Camerons and Lucy Robertson's Administrators. less certain expell- res. in accordance with the Su- preme Court's judgment of 1937. Prcni this Judgment the Camer- 011s appealed for the second time to w the supreme Court of Canada. The Supreme Court's judgment in the second Appeal was delivered on Oc- tober lst. 1940. The Court held that as Lucy Roberson in her lifetime had received income from her fath- er's estate WlllCh included income then supposed to be her own but which has since been found, by the judgment of i937, to have belonged to the Camerons, it would be iri- equitabc to pay to her or to her estate linv further money from 53d- wnrd RObCISOIYs estate u-rille this inequity continued to exist. The Court therefore held that, as the amount which under the decision of i937 would be payable to Lucy Rob- ersonia estate was less than the a- mount of the Cameron income u-hich iiad been paid to Lucy Ron- crsori in her lifetime, Lucy Rober- son's est-ate should receive no fur- ther payment in the distribution of -- t ,bttht llEtl- oils fiel in this province but has T5111“ “m” W“ l" “°°°"1““°e h" tattle“ es m u a a been retired for many years. He is a familiar figure in the city as he is very fond of walking’ and, can be seen on the rounds practi- cally every day. Personals N ursin R. C. A- Nursing Sisteo- Marv Croken, R_ C. A. M. C. is sfiending her annual leave at the ome of her parents Mr. and Mrs. C. W. Crokcn. Emerald Junction. Miss Ma Trainor, R. C. A- furloug; with her parents on Spring Park . Rev, C. R. Smith, Fail River, iss. left on return this morning following a. brief visit with his birtother, Dr. G, L. Smith, of this 6 Y. John Nelson Fall, R.C.0.C., Tor- onto. is spending a two weeks fur- lough with his parents, Mr. and Mrs. Clark Fall, Craprtud. L.-Cpl. H. McDougall of No. 62 C.A.B.T.C. has returned from a fur- lough. He was injured in an acci- dent recently but is able to be a- bout his work as usual. MORRISON-At the Prince Ed- ward Island Hospital 1942. to Mr. and Mrs. Emmett Morrison, Southport. a daughter. DOWN-At the P. E. I. Hospital, May 22, 1942, to Mr. and Mrs. Ed- ward Downe, City, a daughter, Heather Jean. DURANT —- At Clecth England, April 20, Ezra Durant. formerly of Summer- side. and Mrs. Durant (nee Doris Lund), a son, Joseph Robin. QEATHs orpes. Lines. i942, to Spr. STEWART - Probationary Stew- ard Lloyd J. Stewart, drowned in Charlottetown Harbor. May 20, 1942. aged 1B years. Funeral from Prank Hennesseys Funeral Home this af- ternoon at 2 o'clock to the Roman Catholic Cemetery. HUNTER —- At Summerside. June 10, 1942. Mrs. Ja a oil tr , Interment. People's Cemetery. Summerside. BOSWELIr-At Summerside, Juno 10. 1942, Albert Boswell, age 69 years. Funeral Saturday with a service at 1.30 at his late residence, Central street, followed by e short service in Marshfield Baptist Church. Interment at Marshfield. Card of Thanks -__ Mr. and Mrs. Thomas Stordy and fiifflll , desire to thank especially the octors and the nurses of the Summeraide Hmpital for their kind attention to their son Everett during his lost illness. Also to all friends and neighbors for their acts of kindness and those who sent ex- pressions of sympathy during their recent sad bereavement. with the nillngs or decisions which up until then had been given by the Supreme Colirt of Canada. This de- cision ind to do with the question whetmer or not an infant, Edward Roberson Cameron, child oi’ the 5° testatorfisl daughter Georgianna, wife of Alexander Cameron one of 1 e trustees of her father's will. had acquired any interest or share in his grandfather's estate. The child ward Robersons estate now remain- irig, less certain expenses, should be paid to the Camerons. 'I'lie order of the Chancel-y Courts oi Prince Edward Island was therefore val-ice as to agree with the Supreme Court's second judgment. Shortly after the Suprem. Court's second decision, and after the taxation and payment of rer- ‘ "i costs, an application tvns mule to the Master of the Rolls to fix and apportion the amount that n should be paid as compensation to Under the former rulings of the upreme Court of Canada, the chi d, Edward Roberson Cameron. did not take a. vested interest in his grand- father's estate as from the time of his birth, and no vested interest was therefore transmitted upon the child's death to his father Alexan- der Cameron which could be irons- mltted upon the lnttel-‘s death 1921 to his thrcc sons who were now F" making n claim to Edward Robcr- Walter women's Dvmon, is Spending he, son's estate. It may be noted that the claimants, the three Camel-one, alhough related to the Trustee Al- exander Cameron as sons. and to the child Edward Roberson Camer- on, as half-brothers. were not re laterl to the test-ator Edward Rob erson. In the meantime, after the dc- cislon of the Prince Edward Island Courts had been given. a decision was rendered in the case which had been appealed to the Privy Council from the other Province. This de- cision reversed the rirlngs and in- tcrpretations which had been given by the Supreme Court of Canada upon the subject of the vesting of estates. By this new decision, he interpretation which had been glv n by the Island Courts to Edward Robertson's will, following the Sli- pfeme Court of Canada riiliilgs, be- came also affected. By the first Appeal, in I937. the Jiupreme Court decided that as their former rulings regarding one vesting of estates-hud been revers- ed. the Chancery Court's judgment which hnd followed the Supreme Court's earlier judgments 51101111 also be reversed. The effect of this was a declaration by the Supreme Court of Canada that the Cameron grandchild became entitied to share in Edward Emerson's estate from the time of birth. This inter- est passed to t/rie child's father Al- exander Cameroll in i885, and upon the latter's death in i921 passed to the three claimants as his sons and next-of-kin. Payment of Income A question then arcs the payment of income. While the Trustee Alexander Ga- meron was living, all the income of the estate was paid by him and his co-trustee. after the death of the testators widow. to the only surviv- lruz daughter, Lucy Roberson. Un- der the Supreme Court's judgment of 1937, it was learned for the first time that through the birth and death of his first dhild Captain Ca- meron himself had been entitled to a. share. one-half, of this income which the Trustees had been paying to Lucy. The gross income which during her life after her mother's death in 1939 had been paid to Lucy Rob- erson by the Trustees and the sur- viving Trustee of her father's es- tate. held been more than sufficient to pay her living expenses. Tho surplus, with some funds Lucy erson had received from her moth- er‘; estate, were invested by her, or for her, upon mortgages. These mortgages were taken, some in Lucy Robersonk own name, some in the names of Alexander Cameron and Francis I... f-faszard. as Trustees for her, and some in the names of I1‘. L. I-Iaszard and Gilbert Gauliet as Lucy Eobereonts Trustees. Questions arose with regard to the income which was paid to Lucy. Part of this income was now found, but was not known at the time it e regarding ‘ was paid to her. to have been real- N. D. MacLean UNDERTAKER EMBALMER Charlottetown and North Wllishlro Phone I49 1y the property of Alexander Cam- emn. the ‘Ia-ustes himself. d income be recovered back? Could it be followed into the mor investments made out of t funds which at the time were supposed to be Lucy Rebel-son's own moneys? If it could. the legacies given by Lucy Robersonh will to charities. and the legacy of $1,500 which she pinyin‘..- ed to give to captain Cameron's son Stanley Cameron. one of the pellants. would come short. would not he ono money Rom lants the trustees of Edward Robersoirs estate, and for directions as to the payment 0i the costs and expenses and as to the distribution _of the remaining estate to the Camcroiis iii accordance with the Supreme Court's judgment of October 1st. An order was made by Mr. Jus- tice Saunders on May 29th. 194i. fixing and apportioning the compen- sation to the Trustees and directing. the transfer of the remaining assets of Edward Robersorrs estate to the three Camerons. Third Appeal From this order the Camercms a- gain appealed to the Court of Ap- peal in Equity. In the appeal. Coun- sel ior the Camerons claimed that. the Master oi’ the Rohs in this 1r- der had failed to carry out ivlilit the Appellants claimed was the Su- preme Court's judgment of Octob- er 1st.. i940. They contended that by that judgment the Supreme Court of Canada had meant and directed that the Chancery Court should cause the Trustees of Edward Rcbersons estate to recover back from the Administrators of Lucy Robcrsoifs estate the investments and securities he‘d by the Adminis- trators. and that these funds and investments should also be transfer- red to the Camerons. in addition to the securities and funds held by the irrtustees of Edward Robersonfi-i es- ll. C The Court. of Appeal in Equity held that this was not the mean- ing of the Supreme Court's second Judgment. and that the Master of the Rol's in his order oi’ 29th May. 41, had correctly interpreted and was in fact cariying out the judg- ‘1 meni: which the Supreme Court gave in the second Appeal. From this de- cision. which ivlls izivcrl on 15th No- vember, 194i, the Camerons again appealed, for the third time, to the supreme Court of Canada. The Supreme Court's decision which was given on 5th of June inst, is that the Master of the Rolls and the Court of Appeal in Equity of Prince Edward Island have r-lr- rectly interpreted the Supreme Court's judgment, and that the Ap- pellants’ view of what, the Supreme Court of Canada had meant could not be supported. The Court there- foresdismissed the Appeal, with os . c Th effect of this judgment is that the mortsoses and securities which are held by the Adrninatrst- ors of Lucy Itobersonfls estate shall be retained by them free from any aim of the Camerons and that such assets be administered under the trusts of Lucy Robersonb will. The Counsel who represented the litigants the A pcal to the Supreme Court of Can a were Messrs, A. A. McLean. K.C.. and J. J. Johnston, K. (‘l Counsel for the Cameron Appel- ; Mr. Malcolm McKinnon. Counsel for Mr. Donald McKinnon one of the Trustees of Edward Rob ersonh estate; and Mr. W. E. Bent- ie , K. 0., Counsel for Harry Win- chester and A. J. Haslam. the Ad- minstrators of Lucy Rcbersonk es- tc, and for Harry Winchester arid ., Hooper I-Iorne. two of the Trus- tees of Edward ltobersorvs estate. _____________ JAPAN WINS RUBBER Japan's occupation of Java rob- south Africa of rubber sup- $0: valued st 5,900,000 ($8,100,- TIN SUPPLY CUT ._._... The United Kingdom formerly ported 2.50) tons of tin ore and 8,000 bons of the motel annually from ocnmories now in enemy hands. HIST BIA ‘IRADI ---_... 003E tliofirst os- Ferry ifilmjpn vioe between the eastern P11" 01 b y, in nd Nova Sootia. This ha: “g1 acgvsoated by the severa- ilielit authorities and the #1199111! gnmosts s; an important transpor- tation link. Enter Contract One of the features was the p104- pective shipment of produce. The company arranged a contract with the Dominion Government to las. ten years. A subsidy of $28,000 or $30,000 was promised. The complflll/ was bound to maintain a steamer 01' a certain standard. In Order i0 carry out these terms and provide the service. the company 11111" 0b- taln a suitable boat. One of the requisifles of the DOM} was thfli. it; muss have a shoal draft as both terminals iii-ere of a sandy nature. The factor or carrying capacity had to be combined with this. I-fe went on to describe the pur- dhase of the "Seaborne" (Charles A. Dunning) and itie repairs made on it at Halifax. In the course of these repairs war broke out and ‘fie ship was requisitioned. He spoke 1.1 the difficulties encountered in se- curin a suitable substitute. How- ever, he com any succeeded in 5e2- ting the 5a aty which required a great deal of rte-conditioning. In June i940 this boat was also requi- aitioned for wal- purposes. This left the company in an ex- tremely difflcult situation, he stat- ed. There was the contract wltll the Dominion Government, corn- mitments to shippers. and certain financial arrangements based on the possession of one of the ships. It was some time later before the Gov- ernment finally "agreed to pay the company sums which the govem- merit considerd compensation out which the company did not accept as full payment." Armed with tlils "partial finan- cial relief" Northumberlarid Fbrrle-s re-dotib‘cd their efforts and procur- ed n ship. This was the “Erie Isle" or "Prince Nova" which was a much smaller boat. It was only about h-‘lil the canacitv of the Sarikaw. ‘Boat- lond after boatload was turned n- wnv. after a long wait, which had a deleterious effect on the business of the company. . "They claim therefore that the amount of compensation is entire- ly inadequate front the point of view of the Charles A. Dunning and c‘aim the intrinsic value is far in exc-es= of the amount paid; and in respect of the Sankaty they claim they are entitled to replace- ment value on a reasonable basis in excess of what was received," concluded Mr. Campbeh. Herman Jeagle Herman Jealrle. New York. testi- fied that he was a yacht and ship broker. Started in 1898 as an office boy. He now owns the I-LH. Jen- nings Company. Witness said he saw the "Sea- borne" on numerous occasions in New York. She was bililt in 1925 in Scotland. It was an acean going boat. Witness then gave the ship's specification. (At this point Mr. Fogo objected to witness giving the specification These could be obtained from lhe registers. However, witness said he hr-ri records of 10,003 boats at his office.) . Continuing he proceeded to give the specification. The boat was first used as a private yacht. It was used ns an ocean going yacht. The Seaborne was beautifully furnished and equipped. It also narl three launches and one dingy". "The value of the ship before war would be $175000," fitness stated. This was based with a comparison of other yachts. To build the boat in the United states before the wai would cost $750,000. Witness said he also knew the Sanknty when she was in use as a passenger and freight that at Long Island. She was a freighter ant! carried automobiles. He gave the s ification. ( ain Mr. Fog o jected saying t ere shoul be a more accurate record.) Witness knew that the ferry company had purchased the boat and a'so was aware that it hon later been requlsitioned. He told oi efforts he made to secure a sub- stitute for the Sankaty. “Boats t that kind are mighty scarce", wit- ness said. He spoke of the difficul- ties experienced. The "Fisher's Island" was beat substitute found for the s". vice. I-Ie had been in constant touch with Mr. MacDonald, He hold wired him about this boat in Feb- ruary 1941. This boat was about- 35 feet shorter than the Sankaty and seven feet narrower. She would carry from 20 to 25 automobiles. The draft was all right. she was for sale at "$%6,000 rock bottom" at New 101M011. Connecticut. This would have to be "cash in United Statse money"-—the purchaser to pay t-he duty. Other Craft Witness recommended others but some were turned down because oi their draft while the others did not carry enough cars. One ship the "Red Star" was con- sidered. Itepalrs to engine would 813.000. She was fox-sale st I52.- 500. Automobile capacity, was I4 cars sfter numerous changes were made. The boat was on the Cheese- Deake Bay. witness had "Prince Nova" but there was the crossed on the -l'..°8°°.'§.‘.'.;..‘."..l.. y Mr- W30. he became proprietor of Jennings’ in i912. The gross tonnage of the "Sesborne" was 510. e ea yachts during 1990-1930. he stated. When the Seaborne was first built she did not Jet-form well so was lengthen . He had learned the value of the boat from the captain. A yacht depreciates liicker than s commercial vessel. Seaborrie had been lsid up four or five years. It was owned by sn elderly gentle- man. The rice on the boat st that time was 125.000. He did not lmow the ship had been offered for sale by another company for $50,000 He had no knowledge of what was ac . naid for the "Seeborne". In I925 II b; the cost of construction of a yacht in Eur would be cheaper by 2b per oen than in United States. The "Fisher's Island" was built in i998. It was "a nice boat." bolts of that type last “bu: told s! one ) This was not cash. d. There was s. demand for th tllallV h t Pills i‘. 2'3.“ "°" "as" a ev- e on and one sfterw directions. The! help Ink; of the 8 main digestive Juices in you; "on. "'1 bcwsllt-hqlo you digest what you Then most follkmlgt. KTQLQYL; n]; we; rgunfssl better from your h.“ if I Ill , Little Liver ?lri'lrygi‘-llli'aftytirli'r'§i'ti'gizl.finzfii.' needed a?!» to ufff-‘éiilsik: vb I larger our which he knew that had been running since 188i. With proper are and replacements the "San- Katy" should be good for d0 or 65 years. W. .|. Bone William J. Rioue. Dartmouth, testified that he was a naval archi- tect. He was 2118118911 111 "115 °°' cupatlon for 30 years. Ho had made plans for a ship for the Wood Island-Caribou service. "She was 165 feet" witnes said in describing the boat. The plan was made in 1938 or 1939. The cost was $200,000 without machinery. The latter would be 8115.000 to $150,000. Witness said he called for tenders biit builders were filled up. Witness said he was the designer of the famous "Bluenose." Cross examined by Mr. F030. wit- ness said he had the plans with him. The plans called for a wooden ship to be built in Nova Scotia. Gross tonnage would be about 900. Last fall, November 1941, tenders were again called and one was rc- celved. The price would be $196,000. The machinery would be extra. It would take nine months to build it. J. A. Strsng J. Rankine Strong. Halifax, testi- fied lie was a native of England und was a. naval architect for 13 years. He had been in Canada for two years. Witness said he knew of the Dunning and Sankaty. He had in- specled the Dunning last year. Wit- iless described the boat. The value of the ship before the war would be $175,000. Cross examined, witness that as Lloyd's surveyor any estimate be made on the value of the yacht would be only made on one in- spection; also he had heard an ap- proximate price of the boat. According to his information the vessel had cost $400,000. J. W. Roberts J_ Wesley Roberts, Cariboo. lob- ster packer testified he was a ent for the cla mant, Northumber and Ferries Llmitc in Nova Scotirt. Witness was asked about the traf- fic on ferry but. Mr. Fogo objected to this question. The court held that the value of the ship was the claim Jout forth. Mr. Tweedy ex- plainc that the company was op- erating with a l5-car hoat when they could have had a 30-cllr boat. Mr. Fogo still protested that the question was irrelevant. Hon. Mr. Campbell, for the claimants. said the adequacy of the boat was a relevant factor in the issue. The court ruled that he would hear the evidence under reserve of objection. Wltncm said traffic was so great during Old Home Week that it was necessary to give each car a card. There were as many as 150 to cars at one time during that time awaiting. Some waited from the morning all through the day. all night and till during the next day. Many left the line. The figure given did not include those at went away. Ordinarily, from June 15 on there were very few trips without some cars beln left. he testified. About two-thlr s of the traffic was handled, he added. When schools opened, however. traffic dropped off. 'I‘lierc were also many enquiries which could not be accommodated. Cross-examined by Mr. Fogo, wit- ness said the “Prince Nova." carried from l5 to 17 cars. There were three trips a day made. The boat was not large enough last year. Lt. Col. MacKay Lt. Col. C, Leonard MacKay. Charlottetown, secretar of Nonh- umberland Ferries Limi d testified that there was considerable capital expenditure made on the boats in Hallfax-particuiarlv on the Sank- aty. A bll of $56,876.73 was received for the work on the tter. T Dunning bill was $2,181.73 for re- p rs. Th5 Erie Isl: Emma Novi) 50st ta o. recon on n1: e cos o this ship was about $184300- Witness produced the contract the company had with the Domin- ion Government. Mr- Folio obieeted to allowin this to be tendered in evidence. owever. it was accepted bv the court. A previous contract was also pro- duced by witness arid tendered in evidence. A company in Saint John had obtained a. contract before either oi these but when Northllm- berland Ferries wok over this con- tract was recelved . The capacity of the Sankaty was 30-34 care de nding on their size. The Prince ova carri 16 or 17 autos or 3 or 4 trucks. e lattar will only‘ i0 in part. way while on the San a y they could occupy all the space of the automobiles. Cross-examination ' Cross-examined by Mr. Folio. wit- ness stated the cost of the “Bea.- born" to the oompl-hy wosutf-il. o- s90,000 was in cash while 525.000 was in bonds and $35.00‘) 111 0051mm‘ shares. I-Ie was a member of the group of 28 interested in the 91'0- mtlat mltaitllmlie was not w val/m. MacDonald the Naval Department in th aware ad f 1; 9g 1939, he knew there was an 0!- fer of sale for $05,000 in March. i940. However, it was not an offer from the company but W "- 911°" tioned further he slid he was not aware that the offer hld been mnde by the cornplhy nor wss he swing o gllg-‘tlg; offer of 858.000 m bywitgiess walla-ed he was not fem- iliar with sh offer concluded in July, 1940. whereby the sum of r 000 was to be bald for the seaborrge- A statement showing 1921194031 y s former secretary n connect on with the seaborne was produced“? witness. The purchase D1106 °1' e Ssnkaty was 04.999. accordinl ‘t: the records. witness said. The San - a was built 101i in it chusetts and was 195 feet 1on5. W nus told Mr the! N » more than 400 poop Wales College Hall The lecture held undel- sorship of the newly-for era Committee" was p b? worth, in his o plalned the a man Birkett, who was scheduled to address the Si: Norman, Mr. Alns promised that he we Maritime-s as his firs on his return to this Mr. Aiiisworth ex tion of the Speak L; intended should serve for speakers and f information emanating from B58 Office of the Director formation. l\'~, Gordon, ill the first pm his address, background of the even sketched le atPl-ln _ lastev c. ti“ . MI‘. V. A. Alnsvlorth, _ polling remark; bsence of sir , .. ori ', WOIQJ n. I , 111d visit . t cllgtlgem , count- of plaineti the; , era Committee, | that this comm; clearing i... or other of Public . lightly ts now I ulg place In India and Binma, r told of the conglomeratlon of in these dwelling lands. He spq of the problems of colonial adm istrntion facing the Britls ll in . country of many races ililrl diale i\.'.r. Gordon told u number of sto -. and personal anecdotes Ielflting his adventures among the head-hunting tribe dwcl Nagas, 11118 he the Burman border which ivitn British will bear the brunt of Japanese invasion. Assam Road A particularly interesting Dirt .. Mr. Gordon's narrative was his -., crlption of the Assam Road, whi now that the Burnt-ii Road has be; closed has token over the task . transporting supplies to China. wile Mr. Gordon went over this road WE; a BMTOW, mountainous u- that had to be traversed on foot' i was too narrow and winding ev for pack animals. This load is no in the process of beln" id opened up for mocicr ion. Indeed. Ml‘. Gordon expressed 335?. l cued an mlisporte whether the Japanese mig as o path of invasion, Great difficulties lie in the pa of the Japanese ill any attempt invade India. Mr. Golden said. nature of the territory was iiiouri tainous and most forbidding, Pili- thermore this country is the cent of the monsoon, and parts of it s: ccrience an annual rainfall of much as 500 inches; a rainfall - 40 inches in one night has l. known. "The British ivill recapture Bur ma," the speaker slated. He the went on to explain the present a titude of the Burmese. A certai section of the population is n loyal to Britain. 'l'his has come a bout by the treat-hero 'ifi of the Buddlst 1110i!‘ toils by Ja anese spies. Wilt) ilflfC zls coilver to the Blitidlst fililli. g According to lhc Buddist rellgio any one either oi’ his own volltio or in escape from n crime, m’ shove his head mid ontcr fl Bilddi monastery, ThPYU lie is sale from _ molestation, either by 0W“ 01 1°“ Hiillly Japanese. \\' have been especially trained for t typg of espionage, shave their hen and ewféil" the Buddist monasierl 10115 as peni‘ better educated bodies. it atlo nts. In many cases the)’ = thrill the Burmc loriesl-s and thlv ilil the liiliidi . the Burmnli rcllillfilh‘ Rmms w‘ anti-Bil > anti-British doclrlu C. Racial dOCtIInCs ll ad venom DIODE BED to da from course, will not iisc t ~ .' b5 o1 religious inflllrllnoii ll\ cgmun ting the Japanese propfliiilhvlt SQ are at s, temporary diszldlan e13 Burmese Home Rule ’_[fi " aker poliiicd out lllat _ Burmfgepeti/crc 110'» "Rumd by titan ain, but were licilfifl bl Igrimu He explained the sfiief" °m° w rulers and how Brltish 11115 mu milder and tempfli-‘d the ‘MW of native rille. The Burmeset the Japanese invasion, e-\'°1““~?°d irwislative and Juiuvllil iilllcktgtirleiiv ":.i.'ti::".."r2... .... m g ‘g Jungle." The 59°“ backto agreed with Gen our allies will P0011 the combined make eifecti 1 stilwell 111 elpilire this llmd t tat The speaker concluded bl 5 Chat out of this wllr. ivlli (ome even stronger Emlllll" f ee ° fil°iiiil§nff the rBritish ideal, Tlll! and" C0111 111011 weal f this I i sc-aiirtcssrirmrl priate here: "East is East and West ls iii/est 811 never the twain shall I Until earth and sky S" W“ God 's feiltl ludfigzl-‘zlti But there s he t lei‘ - border, nor breed 110T seat. nor Well birth When two stronlr 111"" me“ m” face t-houilll 91"." “In” from ends of the (‘fill-li- Gonclude 68th General Assembly aaihf‘; eral en byterlin Church e010" assembly Crescent Church here referring several matte boards and collimittccsi ion. to be reverie in Hamilton. - , orman A. M11911“- erat 1943 asse mb Rt, Itev. D., Moderator sembly, was 8 committee to adviivcrllifid‘ A eat: Very hell. Dr. A all of Montreal. D1 Huntingdon. one. MI. The repairs were on when the shiptwfile tho irovemmi’? ' , s, glemlvegogertnomitient? also $11 grand to witness 89"‘- H“ gum 0f S _ g _bornf'. W Masae- is; n‘; ‘um o; filth“ s Brockv 0f the RCV. Que, R iiie. 01" Wkfffij ii-yii: gmrriltlvcili. 0 ,June 10-(0?) ' X10 General iven I116 I1 -lac 5 foll0W1 dllrlnif , Cam‘ _ Henry 9°“ Mr. J. ‘ ll. 0111M" ndjtllW o brouiil" n xvfm witness tal rcccivefl ""5 , X‘ lliicss $83 lv 9011mm do ' taken companv 95.87705 over ' fro iru-r all“ .977. wins (‘t t0 fl