APRIL 28. 1950

rT-is wesrean GUARDIA

PIJNOII COUNT! Ol'l'l0l ' Summerald

r Street,

I lumnae ICES. Suhaorlvtlona, Advertising

I IUIPH! Home Phone:

Theiiluardlan may be MIOWIIII Item In so at Oourllea Drugstore.

up Bookstore. Summer Street: gulf. Newa-atand, Water Street

DOIIGONNI G I

"0017. Second Water Street: Alhen'I Green). 110 Duane I. I-. Waite In Ianalngto n. Guardian will be delivered to ID) homo

aoyatlolmllrorllooerweclt. Phone

0. Phone loll laproaentaflvaa and (Hold! GLOW I08! and Nil.

bought at any of the

It Central Street;

Mark Oaudet, 01 Granville Street;

Sheet: llland Ilotor Transport, ll Street.

a In Sumnaereida by Carrier loll for this service or give

your order to the ho: rullonalhla for delivery on your routn.

Tiansaar. msoaaxor. iwpu 5, Muttut. Summeraide.

.Mn. 0. P. GALLANT. Vice ppuident P. E. I. C. C. I'.. will speak over CJRW Friday, April gatb. at 6.30.

u-SALE OF USED CLOTHING. .1-uniember the Okto spring sale in Town Hall. Saturday, April Nth. at 2.30. '

JAIIPEQUE HALL. Friday, April 28th. annual meeting Peo- ple's Cemetery Malpeque Incorpor- ated at eight o'clock. All inter- ested requested to attend.

...QUANTITY of foundation Se- bggo seed. clear reading. also quantity of hay available. Ken- neth MacLenn. Lot 16.

A0'1.ntRY PASTORAL CHARGE The United Church of Canada. - Rrv. W. G. Dickson. B. A.. Minis- ter. Bloomfield at 11 A. M. West Dnvon at 2.30 P. M. 0'Lcary at 730 P.M. This will be a joint meet- ing with the Nazarene church and the special speaker will be a re- turned missionary from China. Rev. Michael Varro. lie will dis- play curios. dress in Chinese gowns and show colored slides. 0'Leary Sunday school at 10.30 A.M. Every- body welcome at all services.

-1"; MEN'S Ml-IETING-Keith Dibble was chairman of the week- ly meeting of the Summer id: Y's Men's club in the Olympia Rest- aurant on last evening. F. L. John gohy of the R. C A. F. Trans- port Command was guest speaker and gave a very informative talk on the organization and role of Transport Command. FL Boby has the highest number of flying hours to his credit in the R. C. A. P.-S

- FUNERAL YESTERDAY Funeral service was conducted yes- terday afternoon at two o'clock It the residence for the late John E. Campbell. Rev. Mr. Bishop of the Church of Scotland was the offic- iating minister assisted by Rev. K.G. Sullivan. The pail bearers xwre Messrs J. F. Arnett. Gear!!! Bowness, Amos I-Iubley. JBH195 Cairns, William Gillespie. W. F. strong. The floral tributes were many and beautiful and I large number of cars followed the fun- eral party to the Wilmot Valley cemetery where burial took place, -5

-MISCELLANEOUS SHOWER - Mrs. John F. Scott and Mrs. James Connell were joint hostesses at the !ormer's home in Summer- eicle on Wednesday evening It I post-nuptial miscellaneous show- or honoring Mr. and Mrs. Willard l-Iogg. To appropriate music play- ed by Mrs. Kenneth MacLean. the bride and groom were ushered to I decorated seat of honor by Mrs. Conneil and Mr. Scott. Young Neil Scott hauled in I wagon load of attractively wrapped packages. which were opened by Mtss Ro- berta Taylor and Mrs. Kaye Sut- ion. The accompanying verses of good wishes were read by Mrs. Lorne Palmer while the gifts were arranged by the Misses Edith Palmer. Mildred Jardine Ind Ber- nice Lidstorie. Mr. Hon. on be- half of his wife and himself. ex- pressed his appreciation to the many friends assembled. Among the many beautiful presents re- oeived were: a large wall mirror from the house furnishings and furniture staff of R. T. Holman. Ltd., where the bride had been em- ployed: I trllight floor lamp: I complete dinner set of dishes. electrical appliances and linen. A delicious lunch was served by the hostesses. assisted by several of the ladies. A program. consisting of duets. I Iing-song with Mr. Davis Murray. accompanist. and readingfby Mr. Donald Baker was rrestly enjoyed.-S.

Professional card

-ygj 'e Fe Race OrI'OlIlTllS'l Oemplote Vlaual Analyeee OIIIIII lined PHONI llll

SMAl.l.MAN'a amnrnm Suntmeralde. f.E.l.

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1'. Earle Hicltey

Chartered -Accountant , Canadian Seas of Commerce alolldlap PIIONI IBIS

Sunmaraile TM

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'l. I. Parkman. 9o'ti'o9ti..'ia9- i . g

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-BEDIQIJE UNITED CHURCH CIIAIOE.-Services Sunday. April 30th. Bod us 11 A. M. Albany 3 P. M. Bor en 7.30 P. M.

-DR. CARSON. Chiropractor. will be in Summerside each Tues- day Ind Saturday beginning May 2nd. Will take calls on way by re- quest.

-CENTRAL BEDE UE UNITED BAPTIST crwncu? - Sundgy service 11 A. M. Sunday school 10.15 A. M. Lord's Supper after the service. All the congregation is ursed to be present.

-CENTB L BEDEQUE BAP- TIST 'l"ELLO SHIP. - Rev. D. M. Fraser. Pastor. Services for sun- day. April 30th. Centrad Bedoque 10.45 A. M. and 7.30 P. M. Borden 3 P. M. Everyone welcome.

-NEW LONDON PRESBl'TElIt- IAN CHURCHES. - Services Sun- day. April 30th. Clifton 1l.00iA. M. South Granville 2.30 P. M. Long River 7.30 P. M. Rev. D. A. camp- beli. Minister.

- MENiS WORK BOOTS. We have on hand a large stock of men's work boots. plain toe and toe caps. leather soles, pancho soles. and pancho taps. 33.95 to 331.96. sheen and Mclnhls, Summer- s e.

- BIRTHDAY PARTY - Mas- ter David Mercer, son of Mr. and Mrs. Clarence Mercer, summerside, had I jolly party at his home on Tuesday afternoon on the occasion of his fifth birthday. with eleven of his young friends. Games were played until the supper hour when all sat down to delicious refresh- ments which lnclued a candle- lighted birthday cake. interesting films were shown in the early evening. - 8

-IN POLICE COURT - in the Summerside Police Court yester- dly morning I young man charged with breaking and entering was furthdr remanded till Saturday. This case is in connection with an arrest in the warehouse of the Central Grocery early last Satur- day morning. Another man was arrested in the western part of the Province yesterday by members of Aiberion Detachment R. C. M. P. on information of Summerside town police. He is alleged to also have been in the building at the time but escaped.-S.

-IETUIINS T0 QUEBEC-Mr. 1-I. D. Boyle left recently by motor for his home in Kenogami. P. Q. He was accom led by his niece. Miss Lorena Thompso , who will visit for a few weeks with her brother. Louis Thompson and Mr.'s. Thompson at River-bend. and other relatives. Mr. Boyle spent I few weeks It Conway with his sister and brother-in-law. Mrs. George Thompson and Mr. Thompson for I much needed rest after his re- tiremcnt from Price Brothers 5: Company. Limited. which became effective the 1st of April.

-PLANE EXPECTED TODAY- Some of the members of the No. 2 Specialist Navigation Course. who have spent about two weeks in the Arctic on training flights. are expected to return to their home base It R. C. A. F. Station. Summerside "about noon today. Next week the course will wind up after six months of intensive study in the higher fields of air navigation. During that time training flights have been made to the United States and the United Kingdom. The Zenith is due today. from Goose Bay. Labra- dor. The Polaris is not expected for another 24 hours. being delay- ed It Whitehorse. Y. T.

-COMMUNITY NURSING SER- VICE-The first in I series of edu- cational programs. sponsored by the Summerside Community Nurs- ing Registry, was held on Tuesday evening in- the Presbyterian Hall with I splendid attendance of reg- istered nursea. active and inactive. Mrs. G. A. Boehner presided and introduced the speaker. Dr. J. C. Simpson. His address on "lntra- venous Therapy" was most inter- esting Ind educational. Mr. God- fray, I representative for Ab- bott's Laboratories. showed films on the same subject. A vote of thanks to Dr. Simpson and Mr. Godfrey was moved by Miss Mar- garet Doyle and seconded by Mrs. Donald Birch. The National An- them brought the meeting to I close.-6.

-TIII YOUNG MARRIED PEO- PLE'S SOCIETY of the Summer- side Baptist Church held its regu- lar meeting on Tuesday evening in the Hall. Mrs. Roland Gay eon- ducied the devotional exercises. opening with the ainging of hymn 'There is I Green Hill Far Away". with Mrs. E. J. Morrison It the piano. The scripture reading was followed by the prayer ed general

ATTENTION

Fishermen

Thureda we will -:'-.:. 2:. .........:-r tr:-gay point in the Province.

IIGINT TIIATII ILDO. lam-rlI.aImmeraIe I

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Aracaaolt J Delaney Phone 8188 Sommeralrle

Artificial ice Rink in S'side Still livelsue

while the matter of I new art. ificial ice rink in Summeraide may be dormant it is not entirely dead. was learned yesterday that the cltiaens' committee has for- warded to the Town Council I request that I plebiscite be held kins the ”' if they are in favor of the Town building I rink. It is also suggested that the people be questioned as to whether they are in favor of I combined rink and community center cost- ing approximately 3100.000 or simply I rink with artificial ice to cost in the vicinity of 8100.000. Presumably they can vote for either type building or none at all. The citizens committee is com- posed of representatives of various civic organizations and clubs and this letter was sent following I meeting held on Tuesday even- ing.-S i '

Children's Aid Society Discussed

In connection with the investi- gation now being carried on to determine if the Children's Aid Society should be re-constituted in this Province. a meeting was held in the Town Hall, Summerside, yesterday morning to discuss the situation as it pertains to Sum- merside. The meeting was called by Mayor Henry Wedge and pre- sent were members of the Coun- cil. and former members of the Children's Aid Society including 'members of the clergy. Here to discuss the matter with the 10- cal people were Mr. F. R. Mac- Kinnon. Director of Child Welfare for the Nova Scotia Government. Major A. L. Nicholson. Director of Children's Allowance. Mr. Jack Trainor.. Director of Child Wel- fare for P. E. I.. Mr. Joseph Mac- Millan. representing the Children's Aid Society of Charlottetown.

thanksgiving in unison. and the singing of "I Am So Glad Thatgour Father In Heaven". During the business session over which Mrs. Colin Waugh presided. plans were made to serve supper to the dele- gates attending the Annual Pro- vincial British and Foreign Bible Society. which meets in Summer- side on May 8. It was also decid- ed io cater to the members of the Local Association of Girl Guides at a dinner on Wednesday. May 10. The special feature of the evening was a debate. "Resolved that it! is better to remain single than to get married." The speak- ers on the affirmative side, scor- ing the greater number of points, were Mr. Jack MacFarisne, Miss Anna Harris and Mr. Garth Toombs. The opposing team con- sisted of Mr. C. B. Jelly. Mrs. Ed- ward Poole and Mr. Bruce John- ston. Refreshmenis were served by the committee in charge. after which table tennis was enjoyed by the members.-S.

-HOME FOR ANNIVERSARY- Mrs. David Edwards of summer side was I visitor to Hunter River on Tuesday and was the welcome guest of her parents. Mr. and Mrs. John B. Spence who are to cele- brate their 65th wedding anni- versary on May 6th. Mr. and Mrs. Spence are still enjoying excellent

health in spite of their aclvuiced age.-S. C...... Personals

Master Douglas Arts of Hall- faf, N. S. is visiting in Summer- side the guest of his grand par- ents. Mr. and Mrs. George Key.-S

, ..-... -Mr. John Stewart who spent the Past winter at the home of Mr. and Mrs. Reginald 1-Iaslam, Springfield, returned to his home in Bedeque on Thursday.

-Constable J. E. Nightingale of the souris Detachment left wed- nesday morning for Regina. Sask- atchewan on coursers

-Miss Ellie Glllis represented the Indian River C. W. L. sub-division at the T. B. League banquet at The ohsrlottetown Hotel.

-Mrs. Carl Delaney and Mrs. Perry were Summerslde representa- tives of the C. W. L. at the '1'. B. League banquet held at The Char- lottetown Hotel.

.-.Mr. Ingram Harding of the office of the chief engineer. Army Headquarters. ottaiwa is It pres- ent visiting his brother Keith It Kenslngton and also the Hardings of Norboro.-S.

--Mr. and Mrs. Raymond Pitch with their infant son. Danny. of Btoneham, Massachusetts, have arrived in Summerside and are guests of Mrs. Fitch's parents. Mr. and Mrs. David MacDonald.-6

-Mr. Fred Campbell. accom- panied by his son William. Ir- rived in Burnmerside from camp- bellton. N. B. to attend the fun- eral of his brother, the late Mr. J. E. oaxnpbeii.-s

-11'. J. 0. Simpson, accompan- ied by his sons, Charles and Jack- ie. returned 10 their home in Surnmerslda after spending the week-and in Sydney. N. S. guests of Dr. slmpsons uncle. Mr. H. A. W. Macooubrey-S

-Mrs. rtalph Somers. Summer- Ilde, entertained at her home on Tuesday afternoon for her young son, Gary. on the occasion of the fifth anniversary of his birth. when she invited in seven of his young friends. Games were played and It supper time all sat down to delicious rafreahmantl. which in-

uded the candlellghted birth- d cake.-S

THE GUARDIAN. CHARLOTTETOWN

IIAIEAS contus-

(Conttnued from Page 6;

17 April. llaclntyre came to the Ileriffs home and said that he heard the sheriff was looking for him. The Sheriff then re-arrested Maclntyre and lodged him in Queen's County'Ja.il. handing the olillnl-1 warrant of oath Pm:-uary to the jailor along with the prlaon. er. Msclntyre is still detained there under the name warrant.

on the return by the jallor un. der the order herein directed him.3:l'd. gall ulind Matmcgir: angle or S I I of If illation order). 'l,"he ttorney- General was present. but took no part in the proceedings.

The sole issue is whether the ap- plicant. havim been discharged in the manner related. can be legally rt-arrested and detained undel- the original warrant. As an intro- duction to I discussion of the law involved. I may note that, by is curious tranmer of epithets, an es- cape or release from custody may be classified as an involuntary. I negligent, or a voluntary escape. the adjective in each case referring to the conduct or intention of the custodian. and not of the escaping prisoner.

The numerous authorities cited by the applicant fall into two groups.

The xformer group establishes the propos tion that. when S. convicted person who is detained under a warrant of commitment is released on bail pending an appeal, the original commitment is exhausted. and the prisoner cannot be again detained under the same commit ment. In numerous Canadian cases. including Ex parte shepherd (in this Court. before Mr. Justice Arsenault) (1940) 3 D. L. R. 396, this principle has been held to ap- ply even in cases where the ap- peal is dlsimissed or abandoned. without modification of the origin- al sentence.

since. however, these cases do not lend themselves to the distinct- ion hereunder noted between crim- inal and civil detention. I must conolude that the principle which they establish is confined to the peculiar law relating to release on bail. and has no bearing on cases involving releases such as the present.

The second group of authorities is focused on the decision of Mr. Justice Saunders in this Court, re Mackle (mm 59 C. C. C. 86. where it was held that a prisoner who had been in custody under I war- rant issued pursuant to conviction under the Excise Act. and who was liberated by order of the Lieuten- ant-Governor. purporting to act in exercise of the Royal prerogative. could not be re-taken or detained on the original warrant, as the release was I "voluntary". escape.

The last mentioned decision. upon facts substantially identical with those of the present case. is supported by the notice in Jones v Pope (1634) 1 Wins. Saunders 35, "But if it be I voluntary escape. the sheriff cannot re-take him: and is subject to an action for I false imprisonment if he does."

That case is incidentally inter- esting. as showing the official des- criptlon used tin the reign of Charles II.) to denote the regime of Cromwell, namely: "The court of the late Oliver. pretended Pro- tector of nigland.” In the case of Jones v. Pope. the prisoner ooh- cerhed escaped from custody on I civil writ of caipias ad satisfact- endum. but the proposition ment- ioned is categorically stated, in numerous authorities. to apply to criminal cases as well. Archbold. Criminal Pleading. Evidence and Practice. 31st Ed. p 1007; Russell cm Crimes. 8th Ed. p 522.

Hawkins. Pleas of the Crown. is often cited as authority for the same extension. But an examin- ation of the text of Hawkins iv- venls that what he says is as fol- lows: "Where a 3301" him voluntarily suffered I. prisoner to escape. it is said by some. thatphe can no more justify the re-taking him,. than if he had never had him in custody before, because by his own free consent he hath ad- mitted that he had nothing to do with him." Vol. 2. Ch. 19. s. 12. Oppming counsel in this case has shown that. in the year immediate- ly preceding Re Mackie. the 11111 Bench of the Supreme Court of Nova Scotlg had reached the op- posite conclusion. re Di Lorenzo (1931) 3 M.P.R.. 214; 55 C.C.C. 326. Thtrei it was held that a Prison" under the Nova sootla Liquor Con- trol Act, having been invalldly discharged under medical certif- icate endorsed on his warrant 04 commitment. could again be taken into custody under the same warrant.

In giving the unanimous judg- ment of the Court. Chisholm. J-- 33 he then was. followed the state- mmc made by Dallas C. J.. in Butt v. Jones (1819) cow 99. where that learned Chief Justice observed that if the custodian of I prisoner who has been convicted of I crime by I court of competent jurisdiction voluntarily and knowingly suffers his prisoner to escape. he may 3-9 terwards re-take and detain him. and the rule preventing re-arrest in civil cases does not apply. be- cause the public are interested in the maintenance of the custody.

That opinion of Dallas, C. .l., seems to have been' expressed in lhe course of his charge to I jury in I civil case. and to - be of the nature of obitur dictum. Flor. al- though the question of I voluntary escape was ormally raised by the plaintiff's replications. the chief Justice remarked that "the replica- tion: were completely falsified by the evidence."

Again, there is no mention of I warrant in the case of Butt V. Jones. The prisoner was convicted before I Superior court of Crim-

was anything like our own, he would be detained. not on any for- mal warrant. but automatically on the '1 of sentence by the Court.

But the can is important to in- d-lcste what was assumed. by I judge of high authority. to be the law on the subject. and the same :”4' lion seems to be judicially established, though on I dif- ferent. and more technical basis of reasoning, by the Court of Ex- chequer, Regine v. Benton

2 Each. Rep. W. H. as G. 215.

to There the Defendant had been

taken into custody under I writ of extent issued It the cult of the Crown. for violation of the Ex- clee laws. He was removed from prison by an order of the Corn- mlssioners of Excise. for the pur- pose of giving evidence with re- spect to the writ of extent. He was adflerwards taken back to the same custody. Pollock. C. 3.. Parke. Rolfe, and Platt, B-B.. 1inI.nlmous- ly held that the defendant was rightly in custody. although his re- moval from the prison without I habeas corpus ad testificarrdum wasillegal and operated as I vol-

untary escape.

On the aut.l-ioirlty of an anonymous case in Savile. p. 29. the learned Barons held that al- though a sheriff who allowed I voluntary escape of S. prisoner in custody at the suit of I subject could not take the defendant again. there was a clear distinction between the case of the subject and that of the Crown.

In the case of the Crown. as it is not bound by the act of the officer, the escape is nothing. It is an act of wrong on the part of the Sheriff who permits the escape. but the execution is not satisfied In the case of process of the sub- lect, the debt is satisfied by the sheriff's voluntarily permitting the defendant's escape. but that is not so in the case of the Crown- per Baron Parke. The Crown can- not be prejudiced by the miscon- duct or negligence of any of its officers.-per Chief Baron Pollock. The voluntary escape was by tile consent of the officer of the Crown. which officer cannot give a consent that shall prejudice the rights ad the Crown: and the case stands precisely in the same con- dltion as if he had not given any consent; and therefore the party may be re-taken. end. being rc- taken. is in the lawful custody of the Crown-per Baron Rolfe.