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Levislative Council Election.

Liberal-Conscrvative Candidate for the City:

ALEXANDER HORNE, Ese. THE DAILY EXAMINER.

NOVEMBER 10, 1886, A Moritgagee'’s Right to Vote. Tue Patriot article

threatening

contains an

mortgagees who may in to-morrow’s elections on The Patriot

has the law

dare to vote

pro}

says

rty mortgaged to them.

**no honest who

man brougat to his notice will attempt to vote on a mortgage,” and if he does swear to his vote “the should be prosecuted for perjury.” asked to back

True EXAMINER is the

Patriet up in this attempt to frighten mortgagees, We must really decline to accede to the Patriot's request ; for we are advisel that the Patriot is altogether wrong, and that mortgagees who hold mort;ages for upwards of twelve months previous tothe 20th October last have,

under the law, the right to yote at the election to be held to-morrow.

We know very little about law; but as we understand the matter, it may be illustrat- ed in this w ty :

000, hie mort

A owns a farm worth §$1,- rages it to RB for $500 or (say)

ten ¢ ;:;—in law B owns the farm. If an) re gets into the occupation of it, pro- ceediiizs to turn them out must be taken in B'snime. If it is sold B, not A, signs the deed. Unless it is agreed that A shall re-

min vccupation, B may turn him out

the «ay after the mortgage is executed.

A’s **-ossession” is—a; Mr. Hodgson says in his letter—really that of B. In _ short,

from the moment the mortyage is executed,

J A ce.-e3 to ‘‘own” the land, because B has become the owner, and as the owner, he

has the right to vote on his property.

If this view be correct it follows that a mortgagor has, under the law, no right to occupancy of the The franchise for Legislative Council electors is thus

vote voy virtue of his mortgaged property.

unduly restricted. Mortgagors form a large class; and though they may be permitted to vote in Legislative Couucil elections, they have

What's Amend the law or—

really no right whatever to do so. to be-done about it ? abolish the Council ?

Voie prudently to-morrow — vot« for Mr. Horae, who will not tear down that which Mel.cod and Biake and the Gov crnment may build up.

Editorial Notes.

~-bir. Blake wants people to believe that

he is in favor oi manhood suffrage. But the people will hardly believe him when they see his third lieutenant and his entire

party in this Province contending for the

reteniion of a second Chamber, whose

se

members are elected by voters under ‘‘a

high property qualification.” Mr. Blake may sexy that (theoretically) he isin favor of man). od suffrage. But it is evident that

(practically) he is not.

-Mr. Thoraas Walker Dodd has thought it worth his while to give any ac- count of his stewardship to the Legislative

not

Counci! electors of Charlottetown,—but he expect, them to vote for him nevertheless. They are not even worthy to be consulted about the matter. Dodd is the candidate —electors must vote for Dodd—though they are left in the dark by Mr. Dodd what he has done for them in the last eight years. Will the high-spirited freeholders of Charlottetown tamelybrook this haughty,

We

as to

this inexcusably careless conduct ?

shall see !

-— The Toronto Mail says: The Reform authorities are still at sixes and sevens on the debt question. Tbe following statement with reference to it came to hand yesterday:

**In 1878 the public debt was $176,957,000.

it is now $281,314,000."—-Globe.

**} om convinced that when the statement is ob 1 and sifted it will be found that the net d is about $220,000,000.”— Mr. Blake at Ore? tlle.

** ‘Ve commenced with a net debt of $75,-

728,06 in 1867. That was in:reased until

this y° r $250,5)0,000 of debt has been ac-

cumul.ced under the administration of Sir

Joha donald. Mr. John Chariton, at bole oe.

$22?,000,000 ! $260,500,006!! $281,314, - 000! of tho

How elastic figures are in the hands

who know how to stretch the

—- ‘ir. Gladstone, writing to the editor The of Ble inwood’s Magazine, thanking him for 23 to 24c, and Canada at 22 to 23c.

advance proofs of Lori Brabournes rejuia- der tu his (Mr. Gladstone's) reply to his

Lord: hip’s article on ‘‘Facts and Fictions |

of Ivish History,” says: ‘My advice to Lord Lrabourne is that he become acquaint- ed withthe views and contentions of his opponents, Dean swift asserted the historical depen-

dence of the Crown, while the dependence . on _ ;

of the English Parliament he strongly de-

nied. Mr.

a d . ; . Braboyrne to refute Burke’s assertion re-

‘ladstone challenges Lora

gardine the Grattan Parliament, and also to di ve the stetemonts in the memoir of Dy A ak one 89 : ee ale of Db, 5 te One, published in 1843,

show.nz that the telations between Eng- land ind Ireland had been and were dis- Kraced by more Cruelty and fraud than

tes UF any notion in Ciizisendom.

THE

DAILY

eerie mpoiceres

LETTERS TO THE EDITOR, ee

Can a Morigozee Vote.

1 quite avree with Mr. Warburton ‘a mortgagee is not entitled to vote on his mortgage.” I further agree with him ‘that there is no room for doubt on the point.” But 1 never heard any one con- tend that he could.

The real question is—-can he vote on land vested in him by mortgage? I do not think Mr. Warburton would answer this in the negative.

The expression in the election law, ‘‘every male person, who shall own a freehold or leasehold property” &c., is inaccurate, but so far 4s any person can be said to “own a a freehold” it certainly is the mortgagec. he mortgagor does not, for he has convey- ed away his ownership by the mortgage. | do not know any principal of law more uni- versally recognized than this,—that the mortgagee is at law the “owner” of the land, the mortgager having an “‘interest only, but one which the Court of Chancery will require the mortgagee to recognize.

If Mr. Warburton is correct then this will result—that, if 1 farmer morgages his land and continues to reside on it, neither he nor the morgagee can vote. The farmer can- not, for he ceased to “town a freehold” the moment he executed the mortgage, and the latter cannot, because Mr. Warbur- ton has ruled him out of court.

My learned friend evidently reads the word **possession” as if it meant ‘‘occupa- tion.” Iam sure I need not remind him that there is no word in legal phraseology of so wide a meaning as ‘‘possession.”” Mr. Jus- Erle in a wellknown case said ‘‘the

SIR, that

se

stice term ‘possession’ has no definite meaning, but has a hundred different ones,’ and

Wilson J. quoting this expression ‘there can be no doubt that that is so.”’

In the vast mijority of cases, the oceupa- miy be in the mortgagor, ‘‘possession” is in the mortgagee. In fact, the ‘‘ occupation” of the mortgagor is the ‘* possession”’ of the mortgagee.

Let me illustrate my meaning. Suppese I execute a lease of 50 acres to a tenant for

Says

bio

25 years. When my tenant gves into occupation he encloses an additional 10 acres, and holds them during the full term. When the leave expires Iam entitled not only to the 5) aeres, but to the additional 10 acres. The owner of them has had his title barred by the Statute of Limitation, but they belong to me, for the ** occupa- tion’ of my tenant was my ‘* possession,” and enured to my benefit.

i have no doubt whatever upon the point. My intention is to vote to-morrow as **‘ owner of th® freehold,” and I shall do it as owner in fee simple, as mortgagee and as a trustee.

Yours, &c., Epwarp J. Hopason.

P. S.—Would Mr. Warburton allow a trustee, in whom the legal estate is vested, to vote, or a landlord who has executed a lease to a tenant for 999 years ?

E. J. H.

Sin,—-liryesterday’s issue of the THE Eyamrver Mr. A. B. Warburton volunteers his lezal opinion that a mortgagee has no right ‘* to’ vote en his mortgage, unless he is actually in possession of the land.” He thinks it but right that mortgagees shouid be undeceived in this matter, because the law is so clear that there is no room for doubt, the words 0: have been in possession.” for doubt” Mr. -Warburton’s meaning. It strikes me that he fails to discriminate between the meaning of the words pussession and occupation. If by being ‘* actually in possession” he wishes to be understood, as meaning, inthe actual occupation of the land, with all due respect for his opinion I submit that there is a great deal uf ‘room for doubt.” If, on the contrary, he gives to the word possession the meaning in which it is usually accepted in the construction of legal documents, he is quite right, but the statute gave us the same information. Mr. Warburton, if | interpret his opinion, as I think he intended it should be, seems to forget that a person may be in the actual possession of property, without being in the actual occupation of it. A landlord, who is in ‘the receipt of the rents of his prop- erty, is in the possession of, alihough he may not actually ocewpy one foot of it. It is quite possible, and highly probable, that there are many mortgagees, who have not the right to vote on their mortgages, but to assert that none have such a right is _— certainly incorrect. If the mortgage has been held for more than a year before the teste of the Writ of Elec- tion, aad such mortgage contains the usual attornment clause by the mortgagor, with all deference to Mr. Warburton’s opinion I submit that the mortgagee has as good a right to vote on it as has any landlord, pro- vided his interest in the mortgaged pre- mises is of the value of one hundred pounds of the late currency.

Yours, &c., W. A. O. Morson.

The only ‘troom

Vote consistently to-mor- row vote for a man who will net oppose the efforts of our representatives in the House

He seems not to be aware that j

‘of Assembly.

—_ —— i + i + <r Boston Markets. Novemeer 6,

Eaas.—Market continues firm for fresh | stock, and Eastern extras command 25 to 26c.

best marks of P. E. Island are selling at lee house | stock arc hard to sell at any reasonable price. | Limed are slow at 16 to 18c. | Porators.—“Receipts of potatoes have accumulated a little,and prices are easy. Sales of Houlton Hebrons at 60 to 63c, and other Eastern at 65 to 58c. Best Houlton Rose at 48c, aud Aroostock and Main Central at 55c. New York Rove 45 to 50c. Burbanks and | Prolifies 4) to 32,

Fis TRAE.—Lbe demand for Mackerel Tis not active, but stocks are smal! and prices are ‘well maintained. Receipts the past week | fuot up 1,900 bbls, including 1,469 bdis from | foreign ports and 431 *bbis from domestic

wees. The total New England catch to date is 78,705 bbls against $27,005 bbls same time Jas) year and 415,993 bbls in 1885. Sales of Bay at $28 te $30 for extra Nol; $16 for No 1: and $11 50 to $12 for No 2 Very few P, E. Isiaad or Nova Scotia Mackerel offering. We quote nominally as fellows:—Unculled lots $11 to $14; No 1 extra $25: Nu 1 erdin- ary $15 to $!3; No 2 G11 to $12; No 3 large 9 to $10 per bbl. Sales of Ray Mackerel in faray a5 $15 per Dhl; se pevked,; do advantt of (UG pty LLL

aa

BRAINS 7

but the |

the statute being “‘shall ;

apparent to me in the matter, is;

Mecting of Presbytery.

The Presbytery of P. E. Island met in Summerside on the 3rd inst. There were present Rev. Wm. Scott, J. M. McLeod, Allen McLean, Wm. R. Frame, J. G. Cameron, A. F. Carr, Wm. P. Archibald, Alex. Raulston, Jas. Carruthers, A. S. Stewart, Geo. McMillan, Wm. A, Mason, John MeLeod, A. B. McLeod, Malcolm Campbell, A. W. Mahon,Geo. Fisher, Rod. | McLean, J. W. McKenzie, min‘sters, and Messrs. T. C. James, D. A. McLeod, John McDonald, Isaac Thompson, Donald Beaton, Thomas Brehaut, Archibald Ferguson,John Simpson, Thomas McNeill, Geo. Thompson and John McKenzie, ruling elders.

Petitions were read and commissions were heard from West and Clyde Rivers, and Brookfield, asking Presbytery to form | West and Clyde Rivers into one cungrega- | tion, Brookfield into a distinct and separate | charge, the latter to be for a few years | placed on the list of supplemented charges. | it was agreed to allow the petition to lie on |

the table until Wednesday, 17th inst., when the sessions of Cavendish | and Strathalbyn, adjoining congrega- |

terests at a meeting of Presbytery to be held in Brookfield on the above named day at 11 o'clock a. m.

The following committee, viz.: Revs. | George McMillan, A. F. Carr, Wm. P. Ar- | chibald, James Carruthers, and Messrs. T. C. James, Benjamin Rogers and Thoinas Brehaut, were appointed to superintend the working of the ‘** Augmentation Scheme” during the current year. ‘This committee, having asked and obtained leave to retire, on re-entering recommended that the sum required from this Presbytery for the Aug- mentation Fund be raised as follows, viz. : St. James’ Church, $75; Malpeque and Zion Church, each $70; Alberton, $65 ; Sunimerside, $6); Belfast and Valleyfield, each $55 ; Bedeque, Brookfield and Tig- inish, each $50; Strathalbyn and Caven- idish, each $45; Murray Harbor, George-

tions, shall be cited to appear for their in- | }

itown, Montague and Clifton, each $40 ;! ‘Long River, $35; Woodville, Cardigan, | Dundas, East St. Peters, Mount Stewart land West St. Peters, each $30; Tryon, Bonshaw, Bay Fortune and Souris, each 1 $25; and Richmona Bay, East and West, jeach $20. The recommendation was ap- | proved.

Rey, | preached and moderated in a call in Rich- jmond Bay East, that it was cordial and arene and resulted in favor of Rev. |

Mr. Scott reported that he had

Archibald Brown. The call was sustained, placed in Mr. Brown's name, and accepted | by him. His induction was appointed to |take place in Lot 16 Church on 7th Decem- i ber, at 11 o'clock a. m., Rev. J. M. Mac- | Leod to preach, Rev. Alexander Sterling to address the minister, and Rev. A. F. Carr | to address the congregation.

Rev. Messrs. Carruthers and Mahon and |Mr. T. C. James were appointed to visit | East St. Peter's, Bay Fortune and Souris, | and Woodville and Little Sands; Messrs. | Archibald, Carr and J. M. McLeod to visit | Tignish, Montrose and Elmsdale and West Cape, Campbelton, the Brae and Mimini- gash; Messrs. McMillan and Scott to visit Richmond Bay East, Richmond Bay West, ‘Long River and Tryon and Bonshaw; and | Messrs. Cameron and Spencer to. visit : Covehead, in the interest of the augmenta- tion scheme.

| ‘The following committees were appointed: ‘On Sabbath Schools, Rev. Messrs. Spencer, | Fisher and McKenzie, and Messrs. S. C. Nash and George Thompson; on the state of religion, Rev. Messrs. Carr, Carruthers and McMillan, and Mr. Donald Beaton; on ‘temperance, Rev. Messrs. Mahon, Archi- | bald and J. M. McLeod; on statistics, Rev. Messrs. Carruthers, Frame, McLeod and ‘TL. C. James,

| The Rev. A. A. McKenzie, by au hority 'of Synod, was received as a Minister of the | Presbyterian Church in Canada.

Rey. Mr. Frame was appointed to preach ‘in Lot 16 and Lot 14 on Sabbath, 14th iinst., and serve the edict of induction.

The Presbytery adjourned to meet in

Brooktield on 17th inst., at 11 o’clock, a. m. J. M. McLeop,

Presbytery Clerk.

Mr. George's Candidature.

‘* What do you think of the result of the election and what are your future plans?” Henry George was asked after the result of the New York mayoralty was known. ‘** Personally I am pleased with the result. I had no personal desire to be mayor of New York, and only took the position of candidate because I was called upon to lead the struggle for principle. 1 unquestion- ably received the votes of the majority of the honest and intelligent workers of New York. We were beaten only by money and

other evil infiuences which were united against us. The land question is now in American politics. Peliticians can no

longer afford to ignore it. I will do in the future what I have done in the past and endeavor to educate the masses on this and kindred subjects.” Mr. George said he would not entertain a proposition to run for Congress.

The London Times, commenting on the result, says: ** The result of the elections shows the opponents of anarchy and spoli- ation have not awakened an instant too soon to the perils of the situation. Both

: PURSUA NT to a Commission of Sale, issue

parties suffered numerically in the building up of the George party. The danger now is that these losses will tempt machine politicians to traflie with the promoters of Mr. George’s candidature, and to adyance to meet their predatory Socialism. Indus- trious Americans must see to it lest the appeals of demagogues to the half-instruct- ed artisaus in great cities inflict a danger upon the public credit and paralyze the productive resources of the country,’

On the other hand, the Pall Mal! Gazette, speaking of the mayoralty contest in New York, says: **The vote for Henry George | is by far the most important politieal event of the day. It isa message of hope from the new world tothe old, an unexpected

ight bursting forth in a dark place. Henry George is a visionary, an idealist and utter- ly impracticable, but were he as mad as a March hare, all the same the votes for him inean a protest against the rule of Mammon and will give an impetus to the discussion | of the question of the condition of the peo- ple throughout the world,”

The St. James Grazette says: “It isa sig- |

' / |

nificant and unpleasant fact that in the great American city of New ‘York such a large proportion of the workingmen are prepared to vote for the gospel of confisca- tion. The elections should cause all re- spectable Americans to forget the trumpery of party rights and political indiferentism and Re the new danger that r threntun- inj a

Ch’town, Oct. 13; 188

- WEDNESDAY.

SHIP NEWS. PORT OF CHARLOTTETOWN, ENTERED. Nov 9—Albion, Wry, Buctouche, lumber. CLEARED.

Nov 9--Cymbeline, Keser, Grand River; Day Spring, LeBlanche, Hfx, pro; Leading Star,

Stevens, do, do; Forest Queen, Landry, Buctouche, do; Albion, Wry, Buctouche; bal; Industry, Davies, Vernon River, do,

Alina, Ritey. Hfx, pro. OTHER PORTS.

S'Side, Nov 8.—Ent schs Adonia, Arsenault, Pictou, coal; Capella, Bell, Pictou, coal; Lil- lian, Larkin, Pubnico,bal; Kate, Walsh, Pictou, coal; Daring, Silliker, shediac, potatoes Cld

8—Sch Kate, Walsh, P csou bal

CYA kD -

MES. McNEILLis stil! in the occupation of the . Revere House, and will continue to occupy it for some years--reports to the contrary, notwith- standing. She will be glad to see all her old customers and a3 many more as will come,

Nov. 10, 1886.

APPLES, &C.

BY Auction, MONDAY next, November L‘th, at 10.39 o'clock, at the Auction Rooms, 11 Queen Street,—

A Carload Choice No, 1 Apples,

direct from the grower, via Pictou Landing, con- sisting of—

25 Bris. Choice Gravensteins,

12, do Buldwins, Spy, King’s, Greenings, Pippins, Russets, &¢c.—All choice, Winter- keeping fruit,

ALSO

15 Barrels Foxberries, 20 do large Fat Herring, ex Boston steamer, 10 bris Onions, 4 boxes Lem- ons,2 boxes Oranges, kegs and boxes Grapes, Sweet Potatoes, &c.

TERMS- Cash on Delivery.

A. McNEILL,

: : Auctioneer,

Nov. 19, 1886,—3i

ST, LAWRENCE HOTEL,

CUSRLOTTETOWN, NEXT TO CORNER WATER AND GREAT GEORGE STREETS.

Within five minutes’ walk of the trains and boats, post office, telegraph office and public buildings. Every attention paid to the comfort of guests. Rates moderate—Special rates to permanent boarders.

THOS. ROBISON, Proprietor. 65 WATER SFREET,

Nov. 10—2wks

In the Vice Admiralty Court of Prince Edward Island.

The Queen vs the Schr. “"ighland Light,” her Cargo. &e.

from the above Court, and addressed to thé

Marsha! thereof, [ will, on THURSDAY next, the lith Nuv., 1886, at the hour of 12 o’clock, noon, at the Warehouse of Charles Owen, Esq., Georgetown, sell, or cause to be sold, the cargo of the above nained vessel, consisting of, -

196 Barrels M ackerel (sea-packed),

{ Vall-barrels Codiish,

143 Empty Mackerel Barrels,

16 do felt do,

46 Barrels Salt (exclusive of barre).

JOUN SMITH,

Deputy Marshal Vice Admiralty Court.

Ch’town, P. E. L, 6th November, 1886 —1] sale

FOR SALE,

Ten Shares in The Examiner Pub- lishing Company,”

each Share representing 3100 in the Capital Stock,

"THE undersigned offers for Sale TEN SHARES ~ {all paid up) of the Capital Stock of THE EXAMINER PUBLISHING COMPANY. Wiil be sold in lots of one or more shares, to suit perchasers. For further particulars apply to J. W. MITCHELL. Ch’town, Nov. 9, 1886.

2 ; oe fe ‘ sre At HOUs vie cies ole hei ——~ 7 . . . HOR SALE: LATELY in possession of Paul Towan, situate on South Sidney Street. Charlottetown (near cor. Prince and Sidney Streets. Terms easy, Apply to

A. A. McLEAN, Attorney-at-Law.

Nov. 5—4i

De ee

For St. John’s, Newfoundland,

GTEAMER BONAVISTA, for St. John‘s, N'‘fid, “ will be due here FRIDAY MORNING, [2th November, and will carry cattle and sheep on deck. For freight or passage apply to PEAKE BROS & CO., Agents,

Nov. 6, 1936.—ai

BT, JUSstis BAAAAR,

Governor McDonald.

THE ladies of ST. JOSEPH’S SOCIETY intend holding another Grand Bazaar, this year,

during the week commencing STH 9

MONDAY, NOY.

-IN THE—

L YORUM.

The proceeds to be devoted fo the equipment of the new Schou! Buildings, Pownal Street.

No pains will be spared by the ladies in charge to make this Baziar surpass anything of the kind ever held in Chariotietowa,

NOVEMBER 10, 1886.,

READ THIS:

| {47 E buy our Clothes direct from the manufacturers, conse- ‘y quently we are able to meet those Big Discounts “ we read about” without any sensational advertising.

z. We carry the Largest Stock of Imported Cloths on the Island.

Overcoatings, in blue, black, brown and green, Meltons, Naps, in blue, black, brown and green, Worsteds, in all the fashionable shades and colors. English, Scotch, Irish, Canadian and Island Tweeds in endless variety, made in the Leading Styles, at Bottom Prices, Splendid value in Gent’s Furnishings, 0

JOHN M°LEOD & CO, UPPER QUEEN ST., (Op. Roger’s New Brick Block.)

Ch’'town, Oct. 27, 1886.

BRITISH WAREHOUSE,

83 QUEEN StTREnT. BARGAINS | BARGAINS !

FOR SEPTEMBER ONLY. A Large Lot of WOOL TWEEDS, ‘ CLUSTER CLOTHS, “6 - GENTS’ UNDERCLOTHING, DRESS GOODS, FANCY PRINTs. Balance of CRETONNES |

LARGELY REDUCED FOR CASH. free Mie

Ch’town, Sept 1-——-wky

oe

ee ad

oe ee

— — = —o— — _ es — =

TREMENDOUS SLAUGHTER,

— -——-- O—_---—---

J

JYONTEMPLATING making extensive alterations in mv store, earlyin the new year, which will necessitate mv closing for some time, I will

SH tt, @) eae

MY ENTIRE STOCK OF

N dll Hauls GUDUS. STAPLE & FANGY DRY GOODS

—- AND ———

C-L-O-T-H-I-N-G

AT A TREMENDOUS SACRIFICE.

ae me ()

with sinsiienaititiaep ini

Ajl the stock of Fancy Dress Goods and Dress Cloths at 333 per cent discount.

All the Cloths and Tweeds at a discount of 334 per cent.

Knit Wool Goods, Shawls and Mantles at 3% 1-2 per cent discount.

Gray, White and Scarlet Fiinnels at 33 1-2 discount.

Velvets, Plushes, Ribbon and all Millinery Goods at 33 1-2 per cent discount.

per cent

Ail the st.ck of Men’sand Boys’ Clothing. Gents’ Furnish- ings, Overcoats, Reefers and Suits at a discommt of 33 1-2 per

cent. Ail Cot on Goods at a discount of 25 per cent.

cniishaeelcaiidieaaii gia The entire stock must be cleared before the first of the New Ye:r. You can depend on getting the BEST BARGAINS ever offered in this city.

Was All Goods Sold for CASI only.

J. B. MACDONALD,

QUREN STREE i’.

Music will be provided.

Ch'town, Oct. 19, w86—dy wy