Saniee .9505” Threat To His Amateur Status
r;NpALl,. Calif. (AP)- The pill-trasehco,Chrnnlsle said Wad- craoh miles was Santee
- about 83.000 "in expenses" gffeilfo races in California with- insmonth,"ssusnfsrinex- cm" of the maximum allowed thy National Amateur Athletic Union rule
A entirely as sous". said Sen- pge. "I have done nothing, as tar ulknow. toieoosrdisernyamr teur standing. I have been work- ing with AAU officials all the
me.
"Amateurs are showed :15 daily upenses phis first class round mp plane fare to and from the ms; of a meet.
No Unemployment Insurance When
Wage Guaranteed
u'r'i'AWA (CP)-Introduction of . guaranteed annual wage for an group of workers in Canada wi disqualify them for unemployment insurance benefits, it was learned Wednesday.
A spokesman for the unemploy- merit insurance commission said a provision in unemployment insur- ante regulations specifically pro- rules that no worker who receives pay from his 8111910 gmployer ”in accordance with a guaranteed wage plan" shall be -eligible for unemployment insur- ance benefits.
The guaranteed annual wage has been suggested at vario times by labor ' in the F but the central labor bodies have been cautious about it.
Georgetown
'Mr. lvan I-lemphill of Eureka, N. S.. motored to the Province over the past ' eels-end. where he attended the funeral of his nep- hew. the tau Hammond Mac- Kensia of Mount Stewart.
Miss Clair Currie and two chil- dren of Charlottetown; rare visit- ing Mrs. Currla's Mr. and Mrs. Wilfred M
iiiss Isabel Campbell on 0 port, was a recent visitofl, Georgetown. ' g;
On Saturday. May 28th. the Georgetown Girl Guides. who are under t.' -. leadership of Mrs. Ron- Ceredlnl. observed "Raisin " which is comparable to the Boy Scout "Apple Day." 0
A .
SENIOR OFFICIALS QUIT OTTAWA (CP)-Two senior offi- rials oi the post office department are retiring. They are R. K. Mae- Nnhlw. 65. director of operations. I member of the department since
tlli'PCfDl' of administration. who 1 ll me. .- . . 'in:y were honored by fellow employees at a dinner Wednesday night.
HOT AND COLD The northern tip of Argentina is in the tropics. but the southern extremity is very cold.
-?.3 my knowledge um figure -
yes or former po
TWI FARGO - lhposss. :D"k blue in ed-tor. pdrfeot motor.
L I. IV
At the annual meeting of L. E. Shaw Limited, held at Halifax recently, R. H. Show became president of the company, succeeding the retiring president, L. E. Shaw, who was elected chairman of the board of direct- ors. Ailen (1 Cole. sales director and Lloyd R. Shaw. personnel manager, were elected vice-presidents.
Continued from pass I
Supreme Court
counterclaim is not for any of the potatoes purchased by til! i ' fendant from the plaintiff-
Whlla it was mentioned the plaintiff was cbsrtarer of the ves- ul SS "Chltre" on which these t t of the defendant We" carried. yet no charter-party was put in evidence nor was any evidence given of the contents of said charter-party.
There was put in evidence I document in writing ed the ' ' J t as an the vessel SS ”Chitre". Master Fred- erico R. Gomez, of goods destined to Jacksonville. Florida. to the order of Hastings Potato Growers. the consignee thereof of 2,000 tag- ged sacks Site A. Certified Sebago Seed potatoes 100 pounds each. This document purported to be executed by the Master and bears data at Charlottetown. Prince Ed- ward lsland December min. 1953.
In the absence oi the charter- party I cannot see of what value this document is, except to show the receipt of 2.000 sacks Sehaizo Seed potatoes by the Master of the vessel SS "Chltrs" consigned to Hastings Potato Growers of Jack- punville. Florida.
Whether a charter-party operates p demise or not is a question at construction. to be determined by reference to the language of the particular charter-party.
, To ascertain the arrangements made for the cg!rrying of these potatoes. I a orced to rely. therefore. sole on the evidence given at the trial.
James L. MacDougsll. treasurer of the plaintiff Company, gave evidence before me as follows. and I quote:
"James L. Macnougali
Q. Did you have any direct con- tact with any representative of the defendant Company in regard to space? A. I don't believe. up to that point. But later Mr. O'- Brien. the manager called and in- quired for additional space. Said he wanted space for extra 2.000 bags, which we agreed to give him. Those arrangements were made with me.
Plwlp. Platform and
which show- good
n.a.m'Aw
Q. What was the contract rats for carrying them to Jacksonville? What were they to pay? A. soc per mo. lb. sack."
The "Canada Shipping Act" RS.
4. C. 1952, Vol. 1. C. 2. sec. 066 reads
as follows. -
"665. Subject to the provisions of the Water Carriage of Goods Act carriers by water are responsible not only for goods received on board their vessels. but also for goods delivered to them for con- veyance by any such vessel. and they are bound to usrdue care and dillge in the safe-keeping and punctual conveyance of such
Ln The "Water Carriage of Goods Act" R.S.C. 1952. Vol. IV. C. 29. sec 1 (1) reads as follows:
"'1 (1) Nothing in this Act affects the operation of section 401 and 462. and sections 657 to 666, both inclusive, of the Canada Shipping Act, or the operation of any other enactment for the time being in force limiting the liability of the owners of vessels."
Article II of said Water Carriage of Goods Act states:
"Subject to the provisions of Article VI. under every contract of carriage of goods by water the carrier. in relation to the loading. handling, stowage, carriage, cus- tody. cars. and discharge of such goods. shall be subject to the responsibilities and liabilities and entitled to the rights and immun- ities hereinafter set forth."
Then follows Article III. sections 1 and 2, which sets out the respon- sibilities of the carrier. and reads as follows:
"l. The carrier shall be bound. before and at the beginning of the voyage. to exercise due diligence to.
is) make the ship seaworthy;
(bi Properly man. equip. and supply the ship;
(e) make the holds. refrigerating and cool chambers. and all other parts of the ship in which goods I carried. fit and safe r their rdseption. carriage and reserv- ntion.
2. Subject ts the provisions of Article IV. the carrier shall prop- erly snd carefully load, handle, stow, carry. keep. care for and discharge the goods carried.”
as.i.euo.ooa.n
is this case before In. I find these responsibilities were fully discharged by the plaintiff.
Section I of Article III sets out the procedure to be followed by a shipper who alleges his goods to have been damaged. Section 6 reads as follows:
"6. Unless notice of loss or dam- age and the general nature of such loss or damage be given in writ- ing to the carrier or his agent at the port,ol discharge before or at the time of the removal of the goods into the custody of the per- son entitled to delivery thereo' under the contract of carriage. or, if the loss or damage be not ap- parent within three days, such removal shall be prime facle evid- Ence of the delivery by the car-
er of the goods as described in the bill of ladlng.
The notice in wrltin need not be given if the state the goods has at the time of their receipt been the subject of joint survey or inspection. -
In any event the carrier and the ship shall be discharged from all liability in respect of loss or dam- age unless suit ls brought within one year afta.-r delivery of the goods or the date when the goods should have been delivered.
In the case of any actual or ap- prehended loss or damage the car- rier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods."
Then follows Article IV which sets out the Rights and Immunit- ies of the carrier or ship. " '
1 and 2 thereof read in part as follows:
"i. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from
illness unless I Y want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned. equipped and supplied. hnd to make the holds. refrigerating and cool chamber. and all other parts of the ship in which goods are car- ried fit and safe for their recept-
ion. carriage and preservation in
accordance with the provisions of
paragraph 1 of Article III. "Whenever loss or damage has
According to the evidence givenl resulted from unseaworthiness.
ms: danarvnorm .. ,1 Ton with
Racks, heater, oom-
mercisl blue in color. Completely re- conditioned-
3795.00
1958 -K Toe Pink- rp. Maroon in color. equipped with
use map A K Toll mpmu. Color, blue body, blaok fenders. Fully recon-
tltioned. Low mileege- 3795.00
LLOYD I. IIAW
the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this Hection. 1. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from.
"tp) latent defects not discover- able by due diligence."
I am unable to hold from the evidence that the plaintiff was in any way responsible for the con- dition of these potatoes at the port of destination. Neither was there any evidence given before me as to any negligence of the plaintiff.
No explanation was given either as to why these potatoes were al- lowed to remain on the dock at Jacksonville for some consider- able time and no notice of claim for damages given to the plaintiff until March 29, i954. Certainly. potatoes arriving in Jacksonville on the 14th day of January would deteriorate between that date and March 29th. particularly at that season of the year.
No evidence was given either as to the condition of the potatoes at the time of loading in Charlotte- town. There was a reference in the cross-examination of the witness James L. Macbougall. as to weather conditions at the time of loading. and I quote:
"Q. She completed loading De- cembe 12th in Summerside: when did she dock in Charlottetown? A. It would be December 13th or 14th I believe. .
Q. Did she start loading then? A. As far as I know she started loading.
Q. She loaded for ten days in Charlottetown? A. Loading was de- layed on account of cold weather. She was in the port ten days."
There is a suggestion that these
A t could have been damaged in loading by frost but there was no claim of sscsg"geI1CC for same against the plaintiff. -.
In my opinion. the plaintifl throughout has satisfied the bur- den cast upon him.
The counterclaim. therefore. by the defendant against the plaintiff is disallowed.
There will be judgment for the plaintiff for 3700.00 and costs.
Counsel in the case were. for the plaintiff, D. 0. Stewart. 62.0: for tbe defendant. C. R. McQuaid.
-- Continuing Our CLEAN sweep sate-. I 0 HERE'S LOW COST TRUCl( TRANSPORTATION
719.51 ossl:vnou:r..u -rs. Polum an Oolour binds. good tires. WHY reconditioned. A real blP2lll1-
. ss9s.oo
fact, excellent
toss om.'v'noLa.'r-V. Ton Pick. up. Dark blue in color, mechan-
19M (IMO - M Ton pickup. Color me- roon, equipped with heater. Bodily per-
Friday. June 3. 195s The Guardian rap 1
NAME!) TO (IN! MI! TORONTO (CPD-The appoint ntionsl Express was meat of Robert B. &nlt.h as Illllerv 'hurIdIy. His intendent of the lens and IIoI'lh- 4! Mblltell.
m5W ruuv AUTOMATIC ruanutc: Actually pays for itself
The most modern development in domestic heating wi be demonstrated , in this area seen. You will want to see it. Perfected. by Nova Scotia engineers, this is the furnace wlllsts is making news in the heating world. in gleaming white enamel. I B only 40 inches long, 30 inches wide and 4s inches high. it costs little to buy and iastalandllsleeestisquleltlyreturnedinfuelsavlngs. A
auunuraua DIIAPPIIAI tng buildings. The buildings disap-i
FUN F. ' I g pr 4 from the almost-t ' '-dj,
Rcm, wh:n:"dm::.,, mi: Jehglcmp of the Wildnest Mines Ltd.,
0 . ,y 3 I - 'about is miles northwest of here.
man. have a real assignmen up The men cut." nd an egg. their handsinow-to find twoVmiss- neer's cabin are missing.
&MFOIT AID CONVENWX
This new principle of healing gives
the householder maximum comfort and unsurpassed eonvsnienes. No stoldm G aeasliesieearry. And Iisisemd ' economical heating system yd deelsab
If REMOVE! I8 OWN A813
With modem treatment of and, mo! 4 of the ash is eliminated. live and residue is carried by vacuum to 0 eanlld which can be outside the house. '
N C015 NIL Illll
Cool is the most economics! hi m in Nova Ssoila. This new furnace laid
a further reduction and cats cosh J
fuel at least 20 per cent lower in hand-0nd furnaces. Savirigs ova &Q type heating systems are relatiwh higher. It holds cl Nre with es With
as 36efapoondofsooi onihove.
If B AISOLUTILY CHAN ltlsfIopoulbleforasltordvstioeIIfU the fumoee room. With this fumaeg the furnace room floor eon be C clean as the living room table
jgIllIlllllllllllllllllllli inniilllllliiilliiiillii
IIXW AITOMAK Ifeedallsalnndaerrleslteadtmeu Alverwsnstatsegolahstimlng
PweiteseandiasreiiaileeefDesee'snewiernaeeaelIe Onaneedtflooughal-fensehnpsevemedlssnaw3faUe undestIIeNatIsodMeesu'sgAlJeeyeurIaIds
Watch for the demonstration of this radically different heme furnace.
shift... PAYS FOR ITSELF AS,YOU USE! IT!
See yeurfesddeafsafesunepoesenidheersvrheirestlu TRINTON STIII. WORKS TRITON; I0-5. I
1951 (IMO - ii Tori Pickup. Maroon in color, equipped with heater, body good. Licensed. One owner-
5650.00
1953 CHEVROLET - '5 Ton Hdtlm Dark green in color, completely re- conditioned. Sparkling new paint job-
3895.00
mechanical oon&i.ion--
3895.00
Else To Our Large Sale of Used Care, We Have Accumulated A Large Stock of Late Model Slightly Used Truelts
1951 MERCURY - K Ton Eas- press. Green body, black fenders.
1952 OHEVRJOLILT-'A Ton Pick- up. Perfect condition. Excellent
1951 FORD -- lxi Ton Pickup. Color black, equipped with heater.
wm 2 r;vi;1I3-oi; It-:.eext'e.s-!.-Rooonditionedfrmnts'ont any perrect. Good body. EneoI- um um” mimh Cmplemy mondmomt ::t;ipp;t.ldw.i'i.th nits- ;; s 3.4,... 3.”... 9313.00 1 sense ss2s.os sm.oo 0 0 - R rs T......,.sAnaAns sax Buy With Gtlilflflslits - Buy at WWO ll0T0ll8 l. . 1'-'-"e.0..i'.:'.:..:';'.-... ----"-s'..-... I ' mus
in Ontario division of cnsilhs HICIIIEOI vlbe
r
maasv..,....3-...., ., M
.. .:.f... yup;