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Tue Datty EXAMINER. JANUARY 17.

1884

The Canada Temperance Act in

the Supreme Conrt.

Tue case now before our Supreme Court, in which Mr. P. C. Connolly is | the defendant, is one of some importance | to the for breach of the| Cavada Temperance Act. It arose in this way: Atthe hearing of the case before the Stipendiary Magistrate, and after the examivation of a witness who denied all kaowledge of any iofraction of the Act, the Counsel for the prosecutor called Mr. Connolly to give evidence in the prosecution against himself, uuder the 123 sec. of the Act. His Counsel objected ou three grounds:

1. That this section is the Dominiov Legislature, as its pro- with civil

prosecutors

ulira vires of

visions are au interference procedure.

9 That this section, if it does enable the prosecutor to call upoa the defendant to give evidence, he can only be examined as an ordinary witness, after the require- ments of the 16 sec. of the Magistrate’s Summary Jurisdiction Act have been complied with.

8. That though this section may make the defendant a witness he is not bound uoder it to answer any question which may crimivate himself

The Magistrate reserved his decision and a few days subsequently gave a writen judgment in the case, deciding shortly

1. That proceedings taken under the Seott Act are crimival proceedings, aud therefore within the authority of the Deminion Parliament.

2 That the defendant was examinable as a witvess after the requirements of the 16th session of the Summary Pro- ceedure Act had been complied with, withont expressing any opinion as to whether or not be was not examivable as the defendant without such prelimi- paries.

3. That a defendant was compellable to give evidence though such evidence tended to criminate bim of the infraction of the law for which he was then being presecuted.

The Magistrate held that the words of this 123 section, viz: “On the trial of any proceeding, matter or question ‘ under this Act, the person opposing or defendiog, or the wife or husbaud of such person opposing or detending, shall be competent and compellable to give evidence in such proceeding matter or question, were plain and obvious, and were intended to reverse the well known rule of evidence ‘that no one is bound to criminate him self.” Otherwise it appeared to him that they would have no meaniog; for the only evidence materia! to the prosecution must of necessity be such as tended to prove the offence charged, and so crimi- nate the defendant; and if the defendant could not be asked such questions, the Statute must be held to mean that only on all questions immaterial to the issue could the defendant be interrogated, whieh, in his opinion, was a reductio ad absurdam.

The question put to Mr. Connolly io this case was: ‘““Did you betweeu ‘cer- tain dates (naming the dates laid in the information) seil spirituous and intoxicat- ing liquors?” In thetrial before the Magistrate he refused to auswer this question, and the Magistrate ordered his committal for such refusal, holding he was bound to answer it, The matter is pow up before the Supreme Court for argument. Mr. Conuolly’s counsel moving the court to set aside the Magis- trates’ order, on the ground that he had no power to enforce an answer to a ques- tiou which, of necessity, tended to crimin- ate the defendant.

The public will await the decision with no small interest. It cannot but be evident that it must greatly affect the enforcement of the Act. Ifthe Magis- trate is right this power of examining the defendant will evable the Temperance Alliauce to reach offenders not otherwise within the grasp of the law, and prevent offenders from escaping without them- selves committing the additional crime of perjury. This to our mind is the most important poiut yet raised in the matter of procedure under this Act. For our own part we are by no means wedded 'o the policy of our law which in every crimival offence forbids the person accused opeving bis mouth on the wituess stand even in his own behalf. Ona the Contineat of Europe generally this is net the Jaw, nor in the United States of America, end as well in Canada as iv our Mother Country, it appears that io baukruptey, divorce, revenue infractions, election laws and illicit sale of liquor, this policy is being gradually swept away, as aa impediment in the due en- fercement of laws founded on the good government of the Empire.

“2. ee ———————S——

The Llection in Belfast,

Tue Patriot of yeaterday appeals to the ‘‘Reformers’ of Belfast to “stand should- er to shoulder in upholding the liberal cause.” It would be interesting to know what is meant by the *‘liberal cause,” aod what are the particular “reforms” which the “Reformers” of Belfast are called upon to promote. Is the return to power of Mr. David Laird, the man who promised to stop the railway, and after- wards built the branches, the reform which our contemporary has in view? Is the resurrection of the ‘rump’ of the Davies Government with all its extra- Vagauce, but’ without its brains,’ the

“retorm” iu supportof whith Mr. Lait

lif we

see ne ene

ee en 8 rete

calls on the Liberals oi Belfast to stand shoulder toshoulder? The true Reform-

ers in Belfast know exactly what Mr.

Laird means by a ‘treform.” They have had several bitter experiences of his futense love of reform, and they will, mistake not, shew their true

|appreciation of it at the approaching

election In the two years which the Davies

| Government were in power they collected

taxes amounting to $97,283.78, or $48,- 741.89 a year. The present Govern- ment have been in power for five years aud they have collected less than $17,- 000.00 a year of taxes, only a trifle in excess of the old Land Tax. Had they taxed the country as heavy as the Grits

had dove they would have over $150,000.00 more revenue at their dis- posal than they have had from the

trifling taxation which they have imposed. jut this is not all. The Davies Govern- ment spent only $146,363 00 on educa- tion in the two years they were ip power, or $73,181.50 a year. The present Government have _ spent over $481,000.00 on education in their five years or over $96,000.00 a year, $23,000.00 a year or altogether $115,- 00.00. more than was spent by the Davies Government. It will thus be seen that the preseat Government have taken over $150,000.00 less in taxes and spent over $115,000 00 more it education than the Davies Government would have done had they continued to run the Govern- ment for the last five years as they had ruo it for the two preceeding years. This just means that if the Grits had remained in power the taxes would have been 265.000.00 or $51,000.00 a year more than they have been under the present honest and ecouomica! administration. To continue building an maintaining Dominion works out of the direct taxes of the people of this Island, lest that dear good man, Mr. McKenzie, should be disturbed, or Mr. Laird’s in- capacity be reflected on, to waste the people’s money on public works for the purpose of gaining political support; and to maintain a little army of officials doing work which could be done better by little more than half the number, have been the main features of Grit adminie- tration of local affairs in this Island. To return to these things is what Mr. Laird calls a “reform.” ‘The electors of Belfast, and we believe of the whole Island, are of a different opinion. ~-0- pee

Agricultural Education.

ss

Tue subject of Hon. Donald Fer- guson’s lecture to-night opens up some of the most pressing and important ques- tions of the day. Shall our schools and colleges ignore the great leading industry of cur Province, and devote all their energies in higher education, to giving in- struction calenlated to draw young men away from the farm? Shall our farmers continue to work by the rule of thumb, ignorant of the light which, in other countries, is thrown on the art of agri- culture, and thus allow themselves to be distanced in the race? How are we to educate our farmers? By founding an Agricultural College in connection with the Stock Farm! By making it com- pulsory tu teach the elements of agricul- ture in our common schools! By start- ing agricultural societies! By encourag- ing more liberally Agricultural Shows !

It may be said that this is not a popu- lar subject with a city audience. We don’t see why. The discussion of farm subject should have a peculiar fasciuation for every person of taste, and in an agri- cultural country like ours, every person, whether directly engaged in farming or not, bas an interest in its successful pro- secution. From what we have learned from Mr. Ferguson, it is not his inten- tiou to go into details of crops, stocks, and manures, but to discuss the relations which agriculture should maintaia to the general edueation of the country.

a Sr Gin ews ant Editorial Notes.

—It will be seen by the following table which we quote from the Winnipeg Tines tl at an important reduction has been made in the wheat rates on the Cavadign Pacific Railway. The rates are lower than the low coal rates and do not exceed a cent per ton per mile after eight hundred miles are reached. The reduction proves that the Canadian Pacific Company is not the grinding mouopoly it is represented to be:

New Rate. Old Rate

Manitoba City to Port ABO ii, «2: Besved 30 cts. per 100lbs. 40 Morden to Pt. Arthur, 29 f *q 39 Brandon “ “ 33 ‘ ys 41 Oak Lake “ 4 35 7 # 43 Wap lia 6 “ 36 “a “4 45 Broadview ‘* - 38 - “ 46 Indian Head " 39 " ee 48 RK gina ae ae 40 “e ee 49

—Beventy-two applications for private bills have been entered for the approach- ing session of Parliament. The charac- ter of these and the number from each Province is as follows: Ontario—the largest number, 34. is entered from that Province ; 15 bills affecting railway com- panies, 4 insurance companies, 3 banks, 2 divorces and % mupie}palities; 1 bill relating to the Methodist’ Church, js jp the last algo; 1 affecting the Board o Trade, 1 the Orange Order. 1 a trans-

atlantic company, 1 the Siegara Bridge Company, | a construction com. pany, 1 a graving dock company, and one a_ telegraph company. QQuebee—In this province the bills are divided as follows: Railways 9, bridges 3, telephone 1}, insusance,

churehes, (Pontiac and Ottawa Countries) 1; total 14. Nova Scotia—iusurance ],

steamship company 1, railway 1; total v. New Bruuywitk—Bisuks 1; railways

Ee ete tlie ieiatiencateemenetaiiaed

HE DAILY EXAMINER, JANUAHY

aa ee a ee ee

1; total 2. Manitoba and New Terri- tory—Railways 9, navigation 1, banks 8, colonization 1, churches 1; total 15. Britixh Columbia—Bank 1; total 1. Nove are entered from Prince Edward island.

—Mr. Sandford Fleming, the progeni- tor of the néw s'audard time at present in use on our railway and in the Post Office, says that the next great move towards the revolutionizing of time will be the adoption of the twenty-four hour system. He thinks the old system of dividing the day into halves has been long enough bafiling the efforts of travel- lers in solving the intricacies of railway time tables and guide books. There are few people who, at first glence, correctly catch the exact meaning of a. m. and p. m. when placed after figures indicating the hours of the day. It is said that the method now in use of counting the hours up to twelve, and then beginning auew again, had its origin at a period when people were in the habit of reckoving things by the dozen. The necessity for limiting the numbers used for so long a time no longer’ exists, as most people nowedays are able to count a little higher than.twelve. And again it cannot be objected to onthe score of novelty, as it has long been in use in Italy and Bohemia. It is contended by the admirers of this new system that every advantage is to be obtained by abandoning the halving of the day at twelve o'clock and adopting the system of numbering the hours consecutively in a single series up to twenty-four, But if all the clocks and watches pow in use will be rendered unserviceable by the adopting of this method, an almost ia- surmountable barrier is presented. But it is conteaded that the timepieces now used could be utilized by simply supply- ing new dials, or by placing onthe old dials the additional afternoon hours from thirteen to twenty-four, the cost of doing which would be very small. That it would take some time for the people to become accustomed to the new numbers of the afternoon hours, is admitted. The work -of educating the public in this matter has already began in the Westero States, by some enterprising newspaper meno there naming their two and five o’clock afternoon editions the fourteen and seventeen o'clock editions, respectively. Men who are now in the habit of working until six o’clock will, in the event of the adoption of the twenty- four hour system, soon become .iadiffer- ent about being obliged t6 continue their duties until eighteen o’clock. As av indicatioa of the favor with which this system is regarded, it is said that the representatives of over 100,000 miles of railway -have emphatically pronounced in favor of the change. So we woul advise our readers to exercise their faculties in counting time on the twenty- four hour scale, so that in the event of

napping.

eT

SS

The P. HE. I, Hospital.

The P. E. Island ~Hospital is now open for reception of patients. The committee have secured the services of a matron and nurse who received her training in London, England, and has had some years experi- ence in an English Hospital. The Ladies’ Hospital Aid Society most gratefully thank the kind donors for the following gifts towards furnishing :—

Mrs. John Beer, two invalid chairs.

Mis. Dr. Beer, two pillows.

Mr. Herbert Beer, one barrel flour.

Mr. H. Brown, half-dozen towels.

Miss Cameron, one wardrube.

Mrs. Joseph Davison, (Burlington), two pillows, and $1.00.

Mrs. Fitzgerald, one pair blankets.

Mrs. Thomas Flager, four towels.

A Friend, $10.00.

A Friend, five yards flanvel, one feed- ing cup.

Mrs. Higgins, one washstand.

Miss Higgs, five pillow cases.

Mrs, Dr. Johnson, one soup tureen, ore child’s crib.

Miss Macdonnell, one iron bedstead.

Mrs. E. Maclennan, (Eldon, Belfast), one pair blankets,

Mrs. Thomas McNeill, (Alberton), $1.00.

Miss F. Mayne, one easy chair.

Mrs. F. 8. Moofe, one invalid chair.

Miss Morris, one bedstead, one wash- stand.

Mrs, Offer and Mrs. Younker, one dozen pillow cases, half-dozen towels.

Mr. Paton, sixteen yards carpet.

Mrs. Pollard, one toilet set.

Mr. Sterns, six yards table linen.

Stentiford & Taylor, 86.50

Mrs. Johw Av Weeks, (Alberton), one pair blankets,

Friends will please remember that old linen is greatly needed, and will be most thankfully received.

MARRI£D.

On the evening of the 16/h January, at the residence of Mr. Henry Chandler, of this city, by the Rev. John W. Wadman, Mr. Robert Stewart, to Annie Swap, both of Little York, Lot 34 OO

Dinis.

At Hope River Mills, January ]8th, 1884,

_ a short illnegs, Alezander Simpson, aged 5 years. a ’

[Funeral from his late residenge on Friday. at 10,50 a. m.] pss

At Summerville, Georgetown Road,: on Wednesday mormirg the 16°b inst., Andrew Murphy, a native of County Wexford, Ireland, aged 8! years, and well known and esteemed ia the district. May he rest in peace.

At Springtieid, Lot 97, on Jan. l!th, 1884, Catherine Jane, infant danghter of Ronald and Mary MeDonald, aged 2 months and 6tie day; *‘Suifer little children to come unto Me, and forbrd ¢) emm not, fey of such is the Kingdom of God,”

At West River, Lot 65, Dec. 28th, of braia fever, inthe 13th year of his age, George Sutherland, dearly beloved and second son of Neil MeNeill.

At Bonghton Island, on the 29th December, 1888, Margsret E. Allan, in the 42nd year of

ney 6% —— a lovin arr three children, antla large chrgle fritntis, mbvtra they lose pe

a Ciel. tie he hel Tkenbtnalil

its adoption they will not be caught |.

. ee

cn

a ae a

Our Store Closes Every Rvening at Six clock (Saturday. Kxccptet).

eee

1884. For the Winter Months. 1684.

—:0:—-——

& A. BROWN & CO. are selling the following Jines of Dry Goods, at very low prices, to clear before stock- taking Ist April: Jackets, Dolmans and Ulsters, Promenade Scarfs, Wool Jackets and Ulsters, Mantle and Ulster Cloths, Overcoatings, Scotch and Canadian Tweeds, Colored and White Shirts.

Also a special line of Dress Goods, of excellent value, and suitable for the season, reduced to twenty-two cents,

A large stock of Carpets, Oilcloths, Hearth Rugs, Mats, White and Grey Cottons, Sheetings, Pillow Cottons and Linens, Fancy Shirtings, ete., bought very low, and now opened, ready for the early Spring Trade.

WHOLMSALE & RETAIL. W. & %. BROWN & CO.

Cl’towo, Jan.5, 1884.—dy wkly |

———-

a

GREAT ATTRACTIONS

Just Received, a Large Assortment of

JT HW HiR xX,

CONSISTING OF

Gold and Silver Waltham and Geneva Watches, Colored, Gold and Plated Sets, Ladies’ Chains and Leckets,

GENTS’ GOLD, GOLD-PLATED, SILVER AND NIGKL LOCKE'S AND CHAINS,

Silver-Plated Ware, Kight-Day and Thirty-Hour Clocks (American styles), Spectacles and Eyeglasses. : gas Call and be convinced that my Stock is the Cheapest and Best io Char- ‘ottetown. Watches, Clocks, Jewelry, ete, cleaned and repaired. All work warranted.

G. G. JURY, North Side Queen Square. Opposite Post Gflice.

Charlottetown, Deo, 18, 1833.—2aw me th wihty im

SEWING MACHINES,

CHEAPEST AND BEST

IN PRECE $5.00 TO

$100.00, $100.00

MILLER BROTHERS,

QUEEN STREET.

— -—

The following are some of the kinds in stock, viz.,

Raymond, American Singer, Houschold, " White, William Singer, . Usborne. Wanzer, heeler & Wilson, Chempion, Royal, Gem, eed.

“ A large supply of extras and parts kept constantly on hand, Machines, all kinds, fully warranted. A first-class repair shop in connection where the repairing of all Sewing Machines is promptly attended to.,

“4 Sewing

mee

MILLER BROTHERS also keep on hand a

LARGE STOCK OF ORGANS,

which they are sejling atextremely low pices. ORGANS in ptice, from

$60 upwards, « Accordeons, Coacertinas, Violinsand other small musical instruments at

MILLER BROTHERS

Dealers in Pianos, Organs, and Sewing Sains

Charlottetown, Jan, 12, 1884. — we : EE PGR GT aE ae

THE CHARLOTTETOWN

FLOUR, FEED AND PROVISION,

STORE,

South Side Queen Square, near Queen Street,

H*x* to announce that they have-on hand the following goods, which they are pre- pared to ‘sell at reabnabie Pricue «ny in guantities to suit purchasers;

'Flogr (Snperior Extra, Steeng Bakers’ and Patent)

OATMEAL, CORNMEAL, BRAN, SHORTS, GATS,

CRUSHED FEED, either Oats and Burley or Oats, Barley and Corn.. APPLES, which will be sold by the barrel of by the priund/ at rates very livilv over barrel priter.

very cheap.

room.

- NOTICE.

8 HERBY GI’ EN that the ANNUAL, l GENERAL MEEU;:NG ot the Phare- holders of Jue HXAMIN¢ RK PUBLISHING ComPANY will be held at the office of Tur EXAMINER newspaper. cn WEDNESDAY, the 30th of January, ivst., at the hour of eight o'clock, in the evening.

N #4, MITCHELL, Secretory. Ch’town. Jan, 17, 1884.—wkly.

MORTGAGE SALE,

Valuable Bropervy in) Char- lottetown, Fronting on Queen Square,

—_—

TO be sold by Publie Auction, at the ('ourt

House, in ‘‘harJottetown, on TUESDAY,

the 4th day of March next, A. D, 18%4,

at the hoa of 12 c’clock, noon, under

and by virtue of ® power of sale, con. tamed in an indenture of Mortgage,

dat d the sisteenth day of June, A, D,

1877, @nd made between William +. Mc.

Laughlin and Elizabeth McLaughlin,

his wife, of the one part, and Jobu Ings,

of the other part”

LL nat tract, pi ce and parcel of land, A bere Traments and premi-es sitnate,lying aud Leing inCharlutietow n aforesaid ,* own ine the Eesterr moiete or half part of Town Lot Number Thirty-seven (o7),1- Lb tort bun dred of Town Lotsin sati town, the same being the property devised to the said Mortgagors or one of them, in aud by the lagt will and testament of Ralph Thompson, late of Charlottetowo aforesaid, deceased, pearing dale the nineteenth day ot December A.D 1866,

For further pa'ticulare apply at the office of FL. Harzard, Soliciter, h«rlottetown,

Dated this Seventeenth cay of January, A. D. 1884,

JOHN INGS,

Mortgagee. Ch'town, Jan, 17, 1884 — li w kly tl sale,

Sleighs, Stoves, &c.

BY AUCTION,

—ON THE—

VARKET SQUAKE,

Friday Next at Eleven O'clock,

1 Handsome Round Back Double Sleigh,

1 Comfortable Family Box Sleigh, and several single Sleighs.

2 Buffalo Robes (new),

2 Setts Harness,

1 Medium Sized Base Burner (hard coa)).

1 do do (hard or soft coal). and sundry articles of Household Furniture.

CAMPBELL & RAYDEN,

Auctioneers, Ch’ town, Jan. 16, 1884,—2j,

GAS. STOCK LS SLOOR, *y be sold hy Auction on FRIDAY next.

18th inst, at my Sale Room, at 12 o elock.

90 shares ‘et Poef rence Stock. 20 ehares 2nd Preference Stock, 20 shares Common Stick.

WILLIAM DODD,

Auctioneer.

Ch'town, Jan. 14, 1%84.—

[Po te oO Men oeg LECTURE COURSE,

HE Fifth Lecture of the Winter Course, before the Young Men’s Christian Asso- ciation, will be delivered by

HON. BD. FERGUSON, M P. P.,

' if

—IN THR— att

X. DL. O..@ BALL,

— Ox—

Thursday ! y’ng, January 17th,

SUBJECT—“ACRICULTURAL EDUCATION.”

Chair to be ‘taken at eight o’clock. Ad mission ten cents, HENRY SMITH, “eo Secretary. Ch'town, Jan, 12, 1°84 —pat,

TO THE TRADE!

<—)* Consignment and for sale very low, at my Action Room, Queen Street,

TEA—50 Half Chests Prime.

APPLES— 150 barrels No, 1 Choice, HERRING —5gQ barrels Wo. }, CODFISH—15 Quittals, « °.

GREY COTTON S—7 bales all pricee, WRAPPING PAPER, Paper Bags, etc., Treems Casu,

A. MeNEILL,

Auctioneer. Ch ‘town, Jan. 14, 1884,—tf wkly2i.

TO LET.

dh room on South Side Queen Square,

lately occupied as a private billiard Apply to

HORACE HASZARD, Ch'town, Jan, 14, 1584,

FIRE INSURANCE.

eee

ISKS taken on all classes of ingurable property at reasonable rates.

HORACE HASZARD.

Lower Queen Street. Lbitown, Jan. 12, '84.—2i bos.

WANTS, LOST, FOUND, de.

agen eases oneal ties oatqeaeenmnaangnrtte ease

OARDERS.—Mrs. Robert Rodd, has re- moved to the bowse of Mr. (, Heatig

_ Kustom Street, where she can accomm numer of Boarders; on reuseuubdTy teruss.

(oes