‘oad « rea — on uunennennenneninate * ———— - be coats EW SER | ‘, j ic XAMINER WOUMPANY, VW ATER ‘ Bi stetow bh ade 3 Rati s \ “ Moat’: . =. 0 nee Months l 2 » Mou U0 ov jes onth, rm i ‘ ; "A \C@PATE YAles iyertistuy af ios Ih ar E hah s » r be mo hiv sts may O¢ in ly, ares : ahem palf yearly « , tert eee 9% on SpPpes* —— - AUBANAC FOR MARCH, 1883. wou J Quarter 2nd da) a. igs Moo 9h day, 0 sag yaartel, both ay, 4 s m jul oo, 33rd day, | 2m... p. m. i waster giat day, + 1D., D. m my ° . —e—— Sun ‘Sau \ioon High Days! aoe vs rises sots { rises water len’h. | ———— hm.o m nor aft’n — G {3 5 42: 0 34 3 10 mud L 0 er me 41; 43) 1 2974 15 jisturday 10; 45: 2 a4) he ae seoday } 3s} 46° 3 13! 6 57 ‘hada “0 7s 2 Ss , 3 49. 4 37'S 58 4 oday ge, 30116 13) 9 44 ¢foarsda) ; 2 ) OZ 5 {6 id 20 i ? 25 5 , $1) 3 hy? ; 50 11 SOiT1 15 ; ae” |] «15, 311 22h 48 is feolay bo ft 23) 5 S419 O2 t 25) 6 53? 226 7 ; 28' 9 of 28! 9 21 99] 9 57 o l ‘ w=. vi i . 1} 12) 6 28)10 29! Seutahls 559! 13) 7 2011 6119 96 ys} Br 5h 8 eli eet an | 65) -16! 9°M7\aft 3] falay | 63, 17/10 26] 0 37| Welasday | 51; 1911 22, 1 14) Stiswday =f 49) 20'morn 1 54) 2cday $3' 21) O17! 2 41 Mey «86 | 46) «22/1 «5! 3 42] “OR, MACLEOD,» “HAS ~ - Removed his Office TO HIS RESIDENCE, iit DOOR 10 ZIGN CHURCH, South Side Queen Square. Gitown, March 6, 1883.—Im eod wkly CARD. TR. MclLEAN, SOURIS EAST. liie—“ Royal Oak Hotel,” Dee, 11, 1882,--Im 3aw wv ly 3m | %LEOD 2 MORSON baristers & Attornays-at-Law, MUCITORS, NOTARIES PUBLIC, ETC, OFFICES : om Club © mmiuittee Rooms, ( )pposite Pest Office, Charlott town, P. E. Island, Methants’ Bank of Halifax Building;“Sum- merside, P. E. Island. HONEY TO LOAN, on good security, at interest. Sim. Mc Lgop, Biv, 24, "82. —np; ‘ HN MAGEACHERN, (Late of I W. A, O. Monson. i her | ian Warehouse) AGENT FOR Royal Fire insurance Company, of| England, london x Lancashire Fire lasurance Company, of England, | tity of Loudon Fire Insurance ven { Of England, HAS REMOVED His Office to his New Building, Wi, Queen and King $ts,—Up Stairs. | Chitown, Dec, 7, 82, | e Bank of Nova Scotia. A A ay ESTABLISHED 1832, cn : P. ; “dup Capital . . Resery. Fund yf Agency of this ¥ next, 19th iggy Pied by the #1,000,060 . . . 325,060 Ban's will be opened on lnst., in the building: Prince Edward | Bank Kgn i der the mar agement of the under- p . } Ozita w it in " e aie i ; 69 Current “i be received on interes 4 and | * 4Cconn t+. Pratte Sranted on the various Agencies and | eg “tape lents of the Bank. i 8, 4g and other Exchange bought and Mad geaeral banking business transacted. : Cy’ D. C. HALMERS, mS Sune 17, 1982-41 Agent. is es /VOPTARESS PE E1a, | wrenched my back. | the money if the treatme | gar Full particulare in our pamphlet, “ This is true ee ee CHARLOTTETOWN PRIN UE Li ty A ‘ ~iberty, when Free-born Men, ha ving f0 advise the Public, may speak free,”’—Evuuterprs. | SULLIVAN & MASREILD, ATTORNEYS - AT-LAW } |. Solicitors jn { hancery, OFFI ES Uv Halloran’s orge Street, Chart ttetown. ney to Loan i aer | sar M WW. Strtuv ‘N, QC. | Cassres B. Maongiy, Jan. 16.23 | INSTR wnt Aghia | NOU DANO UlEIOE, _— ‘Queen Insurance “ Company, } ~ | OF ENGLAND. CAPITAL, TEN MILLION. DOLLARS. Lancashira Insurance UOWpany CAPITAL, FIFTEEN MILI LON DOLLARS Ty re ‘oe af . } Ausurance effected on all kinds of property at current rates. Losses vettled promptly a equitably, ; DESBRINAY & ANGUS, General Agents, ‘—_ : . 1. ** . "thee-—South Side Queen Sqnare, Qh’ tar n, Sept. 14, S82 NOW OPENED Dining and Coffee Rooms, North Side of Qusen Square, OPPOSITE THE LAW COURTS, =. Ch’towns) Indubitable kvidence, Condensed) BEixwe-, Parmers, Some of the additional héme testimony re. ceived sinc? punfi¢ation of Imet reap. ‘ GIVING EN1IRE SATISFA | Picton, Apri! 20, Gentlemen,—I Sind that your Pads are gi ing entire satuefaction, amd wish youincreasen sales for so-vaiuablearemedy -for disease o} the kidneys. J.B. Moxpey, M. D. OF SERVIC ATIENTS, Lime Lake, Apri} 23. Gentlemen,— Your Pad has been of great service to some of my patients already, e Jno. Maxwa it, M. D. SRIGHT’S DISEASE CONQUERED, Enterjnise, April 13. Gentlemen,—Five years ago 1 fell with a bag of grain, which caused weakaess in my back, snd also brought on an attack of Bright's disease, and which caused me to lose considerable in weight. After wearing your Pau for six weeks, I gained 13 pounds, All pain and weakness bes left me. I would have been yet in the doctor's hands, had it not been for my using your Kidney Pad. Signed, W, Frywick, Miller, THE ONLY PERMANENT CURE. 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ARSENAULT, Tignish. 4 ~ start “a8 THE STARR KIDNEY PAD CO. Toronto, ONT. {de 15 wky ~ & CURE GUARANTEED. ~ Nee poog 9440 a : Da MART. : f ‘ For Old and Young, Male and Female. Positively Weak Memory, Loss of Brain Po tration, Night Sweats rerna ‘enmegs, Seminal Weakness, i . o ie It repairs Nerrous W re. ai ates the Jaded Inteliect, Strengthens the J oye = Brain and Restores Surprising Tone and Vigor to Exhausted Generative Organs tn either sex. 2ach order for TWELVE packages, a ; ace, we will send our Written Guarantee to refund nt does not effect a cure. It is nein the Market. rhea, Leucorrhaa, and General 08s the Cheapest ana Best Medici desire to mail free to any address, Mack’s Magectic Modiciue is sold by Drug | ’ os for $2.50, or will isis at BO cts. per box, or @ boxes : %, Or eget? iree - postage, on receipt of the money, by } tres i} : ri "M ACK’S MAGNET! C MEDICINE CO.,, ‘ ? 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Prevention is better than cure, (Por Internal and Fe- JOHNSON’S ANODYNE LINIMENT ermal Use). CURES Ve 9 . S] . : Ceeralsia. Influenza, Sore Lungs, Bleeding at the Lange, Chvonie Hoarseness, Hacking Cough, Whooping Cough, & —— Rheumatism, ( hronie Diarrhawa, Chronic Dysentery, Cholera Morbus, Kidney Troubles. Discases of the Spine and Lame Back. Sold ev: rywhere, Send for pamplilet to I. 8. Jounsox & €o., Bostox, Mass, eatin nce ~ rec err ecantierieteneeneeasianatin lee tshiomrnslinenneemninan-ceemmcmmmeeeees nce... An English Veterinary Surgeon and Che mist, now traveling in this count: Vv, Says that most Of the Horse and Catile Pow lers sold here are Worthless trash. Be says that Ste ride : § ts dans Condition Powders are xb<oh ufely pure and eee, Valuable. otaing on earth will make hens lay like Sheridan's Congition Powders. Dose. 1 te isp'n- Pint food. Sold every wheve, or sent by mail for 8 lettot-stamps. I. 8. JOHNSON & Uc.. Seston, Mass. my aaa hyes of FURNITURE. AT COST. —— 10. Post Office,” Charlottetown. Opposite JEDSTEA DS, Chairs, Tables, Washstands, Sofas, Lounges, Parlor, and Drawing Room Picture Mouldings, JOHN NEWSON, Chariottetown, lan, 2, 1883.-—ly CHEAPEST, SAFEST. SIMPLEST rw 0 TED WORLD. The Dominion Safety Fund Lifé* Association OF ST. JOHN, N. B. —~——0 90,000 Deposit with the Dominion Government. under Government License. Oo An Assessment Company with a Safety Fund. at its actual cost. o—_—— WSs Good Canvassers Wanted. LEONARD MORRIS, General Agent for P. E. Island. 7. Ph a Working Life’ Insurance : Summerside, Oct, 28, 1882.—1ly TO LET, The Business Premises Known as “83 @ueen Street,” Lately in the Occupation of BR. W. Eremaine, The Stock on hand is now selling at COST and CHARGES, will be cleared off at AUCTION about the middle of January, of which due notice will be given. JAS. DESBRISAY. Charlettetown, Dec. 29, 1882.—tt SR ee om. — sangre 4 THE EXAMINER JUB PRINTING OFFICE HAS LATELY BEEN REPLENISHED WITH J pts tages | : Nervousness in ALL its stay a wer, Sexual Pros-) 4a" With | ecompanied with five | which We indsor, Unt, Canada | Op Short Notice, in Geod Styie, A Large Supply of Printing Types and Material OF THE LATEST INVENTION AND BEST DESCRIPTION, AND WE ARE NOW PREPARED, Under the Careful and skilful Supervision of Mr. J. W. Mitelsll, TO’ mss LETTER HEADS, RECEIPTS, POSTERS, BILL HEADS, BLANK COUQUES, NOTSS OF HAND, HAND BILLS, J Bedroom Snu‘ts, Looking Glasses and Mirrors, Window Furniture, Picture Frames and| Huron, or’ whether’ we’ Ought to send th ' iron, 0 Her ug 0 nec e DODGERS, &e,, Ke., MARCH 20, FURNITURE, facts which appear before us are these: SINGLE, Cortes Two Crnts, ame werner King’s County Election Gase, A Clear Exposition of the Facis and the Law. DALTON McCARTHY's SPEECH | FROM HANSARD. -t | Aix, MeCarray—! propose ‘to call the aitenton of the House to the facts. of this case whi h the personal as sault made by the j ke ader ef the Op} ositicn on ny right hi n ifrieud the First Ministers has soméwhat | diverted us from. . Now, Sir, the auestion | 1s not whether we are to refuse to seat Dr | Robertson and to alter this return, as | moved for by the hen. member for West | Huron, by declaring that Dr. Robertson’s j} ame should be inserted and that he should | take the seat—the question is whether that lis the proper contse: to take. or whether it is proper udder all the cireumstances of the | case, to send this’matter to the Committee lon Privil ges and Elections? A great deal, side.is altogether wide of ihe mark. gether uncal r led ‘for and is altogether out of ment which ig now before the Chair, We are ‘asked tO. say whether under all” thé circumstances of this mat- ter—-not the hearsay statements, but the Papers brought down by the Clerk of | the Crown in Chancery was presented. to the House-~whether under these circum- Stances we ought now to carry out the motion made by the hon. member for West papers to the Conunittee appointed for that purpose who are charged with the privileges of this House, and whose «dutg-at is to guard and protect those privileges. Now, Sir, what are the facts. lam not speaking of hearsay—-but what are the facts}: The Dr. That Robertson was elected—I am { i } null and void,” ‘ | this House at was to stand good ; but | was not ; 1} , LIOH was to be nui reading now from a return presented to the House : ‘*That Dr. Robértson was elected a mem- vor of the Local Legislature of the Province f Princ? Edward Is!snd,and was returned by Sheriff? McCormack upon the 8th of May, 1882; that on the 13th of Jane the came gentleman was nominated as a candidate for the same district, @r fora district including the same, a8 for this House ; that upon the 25th of June the Lichtenant-Gevertior et ‘Prince Edward island certified that he has ‘ not received from James EH. Robertson, returned a member member of the House of Assembly of Prince Edward Island fer a fourth electoral district of King’s County, nor from any other person on his behalf, any resignation of the seat of the said James E. Robertson as a member of the House of Assembly ; nor have J received any notice of said resignation from the said James E. Robertson, nor from any member or members of the said House of Assembly, nor from any other person whatsoever, on behalf of the said James E. Robertson.’ ”’ We have it perfectly clear that Dr. Rob- ertson was elected to the Local House. We have it equally clear-not merely, as the hon. member for Queen’s County stated, on the ipse divit of sworn electors—but we have the solemn certificate of the Assistant Provincial Secretary that Dr. Robertson was returned. We have the solemn state- ment made by the Lieutenant-Governor of the Province that Dr. Robertson had pot resigned. I think it is plain} therefore, that at that time Dr. Robertson was a member of the Local Legislature of the Province of Prince Edward Island. Now, what doves the law, passed in 1873, about cases like this : ‘‘Aiter the disselution of the present Parlia- ment of Canada, no person who is a member fany Legisiative Council or any Legislative Assembly of any Province now included, or which may héréafter he included, within the Dominion of Canada, shall be eligible as a member of the House of Commons,’ or shal! be capable of sitting or voting in the same ; and if any one so declared ineligible, is, never- theless, elected and returned asa member of the House of Commons, his election shall be Bay The third section of the same Act says : “If any person is made by this Act inelig- ible as a member of the House of Commons, or incapable of sitting and voting therein, does, nevertheless, so sit or vote, he shal] forfeit the sum of two theusand dollars for every day | he sits or votes.” Therefore it is not simply a question whether Dr. Robertson, who appears to have had the majority of the votes, ought have been returned by the returning officer Rightly or wrongly we are now seized of the facts of the case, facts which are indisput- able. Some hon. memhers. No. VOL 12,---NO, LOL, ' {then he would claim the right to sit in this House, and the law says he shali not do so. | Now, what are we to da with this motion ? | We are asked to declare that he has a right 'to take his seat in this House as a member. 'Who has a rizht to take his seat in the i House i Mr. MAcKeENzir.- jinmost votes. | Mr. McCartny. ‘The man who aéeord- | ing to the law passed at the instance of the ihon. gentlerman opposite, who @id net like pau il representation and who. desired to jaepeaen the people of. a free choiee.as to } The man who had the wko they should send te} oth Hy uses, the jman who, according to that. law, ‘has Ao lright toil and vote here, and whosé . ition was declared bythe Statute’to be “bull and void. Hf he were sitting in the’ Horse to-day we would have to rise im our places to draw attention to it and. the matior | would have to be sent to the Committee en | Privileges and Elections, just as im ghe | days of the good. Reform party— the Pariy ;cf£) arity—when the House was full of con- tractors, and when we occupied a considers lalde portion of our time in dealing with (their business. 1 therefore, say, that Ro jtherefore, of the thunder from ithe other|matter what may Have been, the dutysof If wejthe rctarning officer, were here refusing to acknowledge the right | position that we have these facts before us f the electors, refusing to obey their|that the person who was returned is dis. choice, I could well understand this indig- | qualified and could not take his seat. bation which, fo my mind, has been alto-| We are asked to day ‘to vay that he shall We are now in this But take his ceat, though the very next mouiéht piace upow the simple proposition inamend-|axy hon member could rise in his place and draw attention to the fact thet—he - waa dis- qualified, and the matter would have to be sent to the Committee on Privileges, and Elections. Surely the course suggested by the amendment is the proper one, that the matter shon!d' now be dealt with before we _stultify ourselves by declaring that ‘this gentleman is entitled to take his seaté when the law says he shall not sit'in this House. A great deal has, been said regarding the duty of the returing officer, and I desire to speak with cautionupon that subject. I do not pre‘end. to. beyas wise asthe hon. gentleman opposite whovex ecathedra can at once tell what the law is and what it should be. I mean to say that since the Statute of A874 was, passed, so far as 1 know, there has been wo decision given with respect to the changes made by that Statute ; and 1 hold that before ihe Act of, 1874 was en- acted it was. perfectly plain. thatithe re- turning officer was not merely a Ministerial buta judicial officer’; that{he had certain Ministerial Uuties to perform and certain judicial daties to perform. It may be— and J hesitate to express any opinion upon it—that the effect of the legistation of 1874 is fo have mada him simply an exeentive or Minsteria! officer. Iam not prepared to say it may not be se ; but what Lam asking the House now to-do, now. when cen- cure is talked of with respect to the returning officer, is to remember the . posi- tion in which he is placed as the law stands and asthe law appears to be according to, the best authorities.. As the hon. the First Minister has shown, there is in our Statue a declaration that if areturning officer re- fuses to return a° man who afterwards is declared by the Election Court to be entitled to his seat, he shall be subject to a penalty of $500. Now, the returning officer is placed inthis dilemma: it is brought to his notice, he knows himself as returning officer,and at all events it is ascer- tained by him by the highest possible species of evidence, that this gentleman is disqual fied. Then the penal enactment of the Statue is pointed out to him. What is he todo? If he took upon himself to decide judicially, that Dr. Robertson ought not to be returned, he wight, perhaps, be open to censure; but under the difficult cireum- stances he decides: ‘‘I will report the matter to the House. . 1 will make a double return, and not say that a man whom the law says is disqualified is entitled to the seat: and at the same time I will not say thata man who has. merely a minority of votes is entitled to the seat. That is a matter beyond me; but these facts, brought to my knowledge, I will. report to the House, and the House will be prepared to deal with the case as the law of Parliament requires.” That has been done We have the double return; both gentlemen have taken the oath. Mr. Mackenzir—There is no return. Mr. McCarrny.—Pardon me. Although [ have great respect for the hon. gentle- man’s law, | must bave a litile respect for niy own notions, and I venture toeay itis a double return. The proof of it is thet both gentlemen have signed the roll and both have taken the oath, and both could come into the House and vote. A special return is quite apart from that and is that the re- turning officer could not cay that one or the other candidate was entitled to the seat ; the distinction is very plain between that case and this, which, according to my view of the law, is a double return. That being double Mr. McoCarruy.—Can it be doubted that Dr. Robertson is a member of ‘the Local House? Why, even the hon. mew- | so, let us see what the best writers say. Ve have not all the superior wisdem of hon. geutlemea opposite, but we may per 2 | haps look ourselves and see what, according bers who have spoken on the other side do} b@bs look ourselves and sea : tod not pretend that he is not so, Mr. CasGrain.—He has resigned. Mr. lieCarray. — Resigned ! But | when? ile resigned since his nomination | for this House. Mk. Case¢rain.—How do you know that!| Mr. McCarruy.—I say, upon the evi-| dence here, that | have the right to assume, that. J have a statement from the Lieut, -! Governor that on the 26th June he had nct| resigved. I will read it again : i ‘I kereby certify that I have not received, Mr. James E. Rebertson’s resignation.” He had not resigned. ~He left his resignation elected to if he e’ected to this Horse the resigna- t I have no doubt from what I hear—not from what. I know —that the intcntion of Dr. Robertson was to put his resignation in such a position that he was to continue to be a member of the Local House if he failed in the present An hon. member. Mr. McCarruy in such a posttion that if he was es ; ai Cheap Prices, “election, but if he succeeded in this conteat | to the authorities, the duty of the returning officer was. Referring to the penalty clause Mr. Rogers’ work on Elections, a very date edition, says this, at page 338 : ‘* It would seem from the above cases, that the returning offieer is not subject to any liability, as far as Parliament is concerned, if he returned @ disqualified person; nor, on the other hemd, coald he weil be censured for excreising-his WAyment as to the eligibility of a candidate, and returning the person whom the ja@fge ultimately decides to be entitled to the for in most of the cases in which a dicqualiber person has been returned, the formef the resolution of an Election Com- mittee has been that the petitioner onght to b2 returned. Indeed the sole consideration with cemmittees has been, whether the re turning officer hasshown any impro; er animus. (Ipswich K, abd ©., 379.) And accordingly, if it were not for a Statute to be presently noticed, the conclusion would be that the re . turning. officer is safe, so far as the House of Consens is concerned, whether he decided or refused to decide on the qualification of a can- didate, ‘provided he acted bona fide; but that (Continued on fourth pas t.) ik 4 : Bi : at . ay ee : Si ; ; mR