I’At_;__l_'l_S_lA

islmpnlfl-a w;

lilegntral-Euardian

‘i BAPTIST SERVICES-NOHII Riv-

“ TALKING -P!C'l‘UI ‘lal- “y; g _ O W i?’ LA YIN i.‘-

mtlslc - ALL souuo - Atifolluoe

er Field. Sunday. May l8: North Riv_ . 1i a. m.; Clyde River, 3 p. m..- 7.30 p. m. W. R. Muc- lWalker, Minister. i CHURCH SERVICES-DI‘. Robt. ‘P. \Vhiston, P. E. I-. Evangelist for

wonders-ll Vocal Numbers by Entire Minstrel Company

Wk

lGripping Love _ Romance of a _ .5lnglng Minstrel. ‘l

At 11 a. m. at Hazelbrook; at 3 p.;

exandria.

. TRYON BAPTIST PASTORATE- 1 ‘Services, Sunday. May 18: Westmore- lland. ll s. m; Tryon. 3 p. in; Al- ‘bany. 7.30 p. m. Special service at lAlbaiiy‘ with lnuszcal talent from isumlncrsicle. Myron O. Brinton, .Mllll5l.€l'- I

COVEIIEAD PASTORAL CHARGE 1 '-'.l.'lle Church services for Sundayal May 18. are West Covelieaci 11 a. m. 5 lStaliope 3 p. m. Covelead Road 7.30 ip. m. All cveALrlg services in th~s

01111188 will be at 730 ilntll the end

t

HELEN TWELVETREES M FRED scon

llit and fltlrc 'A glamour that has vanishecl— lold-time minstrelsy with its pag- ieantry and parade, plus a human iitory and the most thrilling cli-

I

at 10.30 a. m. l

I l YORK PASTORAL CHARGE-l

‘Service at ll a. m. Braeklcy’ school

“u; ever urceneth ‘york Church school at 2.30 p. in 1 u .1 1 . ..__l:.\ slltll-‘(Fs ‘SOIV-Ces at 11 a. m. Braiklcy school t

1A 3115B E\\' S .01 1-’ l1» 111- Service 3 p. in. Ce..tral

. \ R ,1. () O N ‘Church. Marshfeld Dilnstafnugc '1 ‘school at l0 a. ni. services 7.30 p. in i

l RECEIVES DEGREE - The Ren- - frcw Presbytery. of the lClulrch of Canada at its session at lPclnbroke, Ontario, on May 6th, ex. tended congratulations to Rev. Edwin l 5111011. 01.11.. F.R.A.s., Pu. 1).. tlicl popular and energetic minister ofl [Zion Church. Carleton Place. who has i had conferred upon him the degree! 0f 11111105111111)’ by the University ofl Indiana. Dr. Smith completed a i

NOW

n ‘ ‘

Rev. Mr.

‘of July. Stinday school at West Cove- IBflClZCI‘ . . . . . . . . . . . lhcad l0 a. m. and at Covehead Road ‘II-SM. 0105i“

Unncd iFox. Sundry . . . . . . . .. 1 Fisher . . . . . . .

jlllifr CHARLOTTETOWN _G_L_JARDlAlv.

| . . | CENTRAL BEDEQDE BAPTIST

§PASTORATE—Sunday. May 18th. Rev. Dr. J. J. Sldey will preach as follows-Morning. Central Bedeque, 10.45; afternoon. Belmont. 3.00 p. m.; trening. Freetown. 7.30 p. in.

IVINSLOE SERVICES-Services on the Viinsie: United Churches on Sim day new, May 18th. will be as fol- lnws: Winsloe :.0i‘tl\ at 11 a. ni., Win-

f eld and Princetown -Road will meet

m. at Cross Roads, and at 7 at Al- 'at 10.80 a. in; North and South Wln- . I

sloe as usual.

NORTH RUSTICO AND STANLEY ;

BRIDGE - Services in connection I

with the United Church on Sunday. May 18th, NorthiRustico at 11 a. m.; and Stanley Bridge at 7.30 p. m., Sundily Schools in all appointments. Rev. H. S. Bishop. Minister.

FUR MARKET . New York Auction announces the following comparison of prices realiz- y ed at its sale held May 12, as com- pared with the February, 1930 Sale. 10% Higher . 15"; Higher No Change

Lynx, Russian . . . . . . . . . . .

Fox, White . . . . . No Change . Fox, Cross . . . . . . . . No Change i Pox. Red. Alaska No Change Fox. Red. Others 10".! Lower Fox. Blue . . . . . . . . . . . . . .. No Change Fox Grey . . . . .. . 10% Higher y Fox. Australian .. . No Change , Fox, Kitt . . . . .. No Change

.. 10"}. Lower l . . 10'} Lower I .. No Change i . No Change

Fox, Turkish Fox. South American

011080 0f 1111-‘ Cflllfliy C0011 0i 321109115 the plaintiff it would be nccs.

Western Guardian g

—ENJO\'ED VISIT -— The many ; friends of Mr. C. Clark Harding. Nor- boro. will "be glad to see him back | home. after spending the winter with

PLAYING '7 i. ~ y!

UNIT-Scar course. Smith this sister in New Jersey. llc motored I

ll E t: lit-d ll. REVERSED lll

APPEALBASEI

‘the Christian Churches. will preach _:loe South at 8 p. m. Hghfield at T .' ‘ ‘on Sunday the 18th. as folloivsz-jp. m. The Sunday School at High- Supreme COUPI‘, Flnds

In Favor of City of l Charlottetown.

At the Supreme court yesterday ‘

At the Supreme Court this morning His Lordship Chief Justice Blathieson

the City of (‘hclrlcttettnvn Appellant vs Lewis l‘. Tanton llespoudcnt

This was an appeal from a judg- ment of the County Court of Queens County in fat or of the respondent (plaintiff) fnr the sum of $182.26 wltli costs. The action was lll‘0ll?.lll to re- enver that snni on a count "for motley received by thr- llefeudant for the use of the plaintiff“

His Lordship said that the respond- l em (plaintiff) had failed on every material ground to sustain his action, and the ar-peal therefore was allowed with costs of this appeal and of the trial in the r-norl below to he paid liy the respondent to the appellant. l CANADA ' t‘ The full text of tit" judgment follow- ing: -

I ROVINCE OF PRINCE EDIYARD ISLAND. In The Supreme Court The City of Charlottetown Appellant lDefendant laclowl vs. ' Lewis P. Tailtm

t

Responclt it (Plaintiff below) 13th lvlay 1030.

Judgment of Mathleson. C. J.

This is an appeal froln a judgment l cf His Honour W. S. Stewart. thcn Céunty’. in favour of the respondent tplaintifl) for the sum of $182.26 with

cover that sum on a count “for money

of the tilaiiltiff."

The plaintiff was the owner of two parcels of ‘real e; f“ situate in the City of Charlottetown. which had

rdditioual provisions immaterial to this case.

On this appeal plaintiff contends.-

1. That the City Court had no juris- diction to issue the warrants.

. 2. Thai. the appeal tribunal consti-

tuted under the Charlottetown Incor- poration Act had no jurisdiction.

I 3. That the assessors who made thc

assessment had no jurisdiction.

4. ‘That. as a consecuence. the pro- ' ceedings taken by the defendant up to - and including the warrants for the‘

sale of plaintiffs property were void ab initlo.

5. That plaintiff was consequently entitled to a return of the money paid by him: rind

6. That nny Court competent to try

an action for the cause and amount

stated in the summo" s had Jurisdiction to try and determine all the questions. Counsel for the defendant on the other hand contends: 1. That under the count "for money

delivered Judgment ill the case of received by me def. mam for me use

of the plaintiff" the whole Lin-den was upon the plaintiff in prove that though he had parted with the possession of the money; the properly in it did not pass t0 the defendant;

2. That the Judge of the County Court liad no jurisdiction to review the prccccduigs of the civic government and its officers nor to question thc validity of the process of-thc civic court against the lands of the plaintiff; n .

of 12".? acts and lrrocrcrlirlzzs of the cl“

authorities it will 1d be nrccssary not only that the Ccurt appealed to should lie one of compctcnt jurisdiction but that the proceedings complained of should be spceificai‘ attacked for the

purpose of having them set aside.

If the grounds taken by plaintiff's counsel are sound. then this is not the simple action for $182.26 "for money received b_v the defendant for the use nf the plaintiff" which its well known form and ordinary meaning would sug- gest bllt would open into a wide flcld which would include the considera- tiorl of every step in defendant's llnc of action frolii the making cf the As- "ssntent Roll to the special warrants texecutionsi against thc plaintiff's land. To clear the road for vicinity i111‘ l',\’ to find that tlic whole Assessment Ilrlll for the City cf Charlottetown for tlic

{costs The action was brought to rc- Fcny pnfling 31st December 1920 was

llllll and void and the whole taxing 5.115-

‘reccived by the defendant for the use l...“ and l)l‘occcdillgs 1m- that year at

least utterly invalid. This would ap- pear to be a tremendous consequence to flow from an action so simple in its

form and so insignificant lrl amount in

1'1 ti. That in order to test the validity l

i SPECIAL THIS WEEK

i l

llulkTeu........

u-t-s-s

Lltins Peas . 2TomntoSoup......... 3lba.Rice........ .

i z tins Sliced plating; i. i ;l pkgs. Corn Flakes, Suga Robin Hood Premium Roll

2 Shredded Wheat ..... ..

Hllszards Tea

Matches. 3 for L’ lbs. Rhubarb Head Lettuce 2 lbs. Sweet Potatoes

Service

146 Richmond St..

10 Surprise Soap

Swansdonln Cake Flour

Baking Powder, Rose Brand

leaf Lettuce . . . . . . . . . . . ..

CUDMORE BROS

‘\\'........’....Q.@~'.'..'¢.......".'......Q.Q§.

E. R. BROW

Fire, Life, Accident, Sickness and Plate Class Insurance I at Lowest Rate.

v Good Strong Stock Companies

Agent at Summersitle, Lloyd Lewis

‘is well known in Prince Edward Is- l 101101 111111111; been for a number ofl, llvars’ pastor _ at New London and ‘Cardigan. His numerous friends in 1 this province will join in congratulat- ilng him on attaining his recent dc- gree. ‘

't\'l'l'!I I’.\’l' 0'31 .\ l. l. l‘ I‘ AND DOROTHY SEBASTIAN "ll'v crooks and cops in n tangled. ting! nu. thrilling h of love and light fin:

LAST SERIAL

-_

,1".

Nilliilirol/f éfffidfi»

ri-throb story

AND (‘OMEDY

vice of Win. Laird was held at the.

cunt-oracle PLEASURE» l

l

“was largely attended by relatives and friends of the deceased. ,.Mr. Laird t ivas a kind. honorable man. and a true friend. but it is in thc home ‘where he will be so greatly missed, for he was a devoted husband and

.3 l)£\‘t'i'> MONDAY

. . , . w c father. H 1 ' .~ . -' ~ . -'\ L L i A Lid N L’ _ 51 N5 I NG Nlary i-lzteilclciiutfrs llloliitlldzlxslililrtinmlsl l‘ ‘i -. ‘i duthl l‘lt~.l.~llrt~-lllhllcrl - .~\\‘.'(‘|Il along on a [we (hugmers, m m0 . ' m“ .. 1 urn his loss.

l n

51111., with lti\'l*—

.. .\I.~~() IALKIE (031121)! RIOT M“ R‘ c‘ shamm“ and Mi“ 6"‘

trude Laird at home. Mr. Laird was 73 years of age and was born in Cav- endish. P. E. Island. alid has left one brother. John Laird on the old home at Cavendish. P. E I.

-_'l

PRICE

liii)Nl)A\" AN TUESDAY

POLICE COURT-At the Police Court yesterday morning two defend-

froni there to Boston in the rumble seat of a Clirystler. with the liumid- l

ity at ‘J2. l-le spent a week in Boston visiting friends before returning home.

sinus of $76.00 and $80.00 101’ 1119 $0111‘ diction over the lmlnlcllaalityi. its courts 61101118 3150 13009111001‘ 1923- 30 010 110i cr executive officers If such an action

+0000 04-0400 oooooooooooo-ooo-o-oooo-oooooo-oovuooo-o-n

zlléxY l5- 193g ._..___ _

r Crisp l

ed Oats

- . . . . . . . . 38c

. . . . . . . . “Zlo- . . . . . . . . H35... . . . . . . . . L3,‘.

Grocers

_____

Owe-Q“

i l l Charlottetown x 2 Q i 0 I I 2 2 l.

been taxed by the City in the respective ‘a mun lmving no supervisory juris- i o ' -

nay the taxes when thc salve fell 01w were to prevail the financial founda-

and certain proceedings were taken by

j thc defendant purpcrtiilg to bein pur- ‘ I suance of statutory powers. which D10- by counsel for the plaintiff he laid spe-

tions of the City will be shaken. Iii the long list cf authorities quoted

‘089011185 195111180 111 H 111051110111 0f 1110 cial emphasis upon thc ease of Shan-

. _“""OUR‘.\'ED Lin“ TOD“? l Judge of the City Court against cacti-ma Rcnlties Limited \'s. La ville st, | in“ “as” “gmllsi a "my "m" Ball“ lof said parcels o.‘ land for the rv-slwct- 1Michel. That was an application by. i LAID To Rflylpxfhe funeral Se‘, lchargcd with resisting arrest. in con- live amounts claimed to be dtic thereon 131131111011 Realms, a land company .nection with the recent fracas nffor taxes and cosis- and a special My»

‘rant. texeciltion) was issued‘ by the,

‘ Chapel of Cont,“ and Hanna. yam ltliat vicinity, when. liquor was seized t Sam Judge against eouvci‘. 011 M01100)’. March 17th, and and a“ ‘mice’ “as ‘muck with ‘Hparcels of land and delivered to thc¢ bottle. but 110i by the 00011590. 001110 ! Sheriff of Queens County commanding before Magistrates John E. Campbell,

and John Mollison on Thursday morning at the Court House, Sum- mersidc. and was adjourned until this morning for further Mr. D. O. Stewart. is representing thc Crown and Mr. E. l-I. Strong.

-SAI') IIEREAVEIIENT — Muc sympathy is expressed for Mr. and Mrs. Howard Perry and family. of St. Eleanors. lll the death on Thurs- day morning of their youngest sorl, Master Edwin Howard. after only a week's illness. at thc tender age of 9 years. The little lad was a very

each of the said;

t

him to sell the same at public auction l (with directions as to the mode of sale \ and disposal of the proceeds thereof. ‘ " In those circumstances the plaintiff 4 ton the 14th day of November 19211..

lseveral sums mentioned in said war-I |rants with costs amounting ln the; ;\vhole to $182.26. It was for the recov- ,

iwas brought in the County Court by; inow appealed froln was rendered in his _. favour. l

Before proceeding to consider the,

l principles of law applicable to thc case ‘ it is in order to examine the -civic

organization and powers in relation to

tafterwards referred to as "The Cont tinny"). to the Superior Court of the Province cf Quebec that the Assess- ment Roll of Lo. ville Si. Michel, a town incorporated under the statute of thc Province of Quebec. should be held “illegal. mill, irregular. ultra wires. quashed and annulled." Few cases have travelled so far. From the Superior Court.it was appealed to the Court of

evidence. i paid to the Sheriff tinder protest the qqngs Band-L from the com-t of Kings

Bench to the Supreme Court of Can- ada and thence to the Privy Council. By the Civil Code or the Province

K» C‘. i5 001111301 1'01‘ i116 DQ101159» 5- ' cry of the sum so paid that this action o; Qucbem my 5g_ i; i5 pyqvided that

coirts. circuit judges. magistrates and

h i i119 Piiliml“ and m“ ‘he iiidgmem ‘all bodies corporatcanrl politic are sub-

ject to the snperintending and reform- ing power and controtof the Superior Court and of the judges thereof in such

‘manner and forin as by law provided.

It was nuclei" the atlthcrity of Article 50 that the Company 111717000 1° “W

taxes. The taxing power of the city of vsupefior Con" w quash ‘he Assess-

Charlottetown is of ancient origin but.

ment Lists. But it was finally held

Business Crip Hoodlum

NEW YORK. May Iii-The big business of the underworld is rack- atcering, and in New York City it is flourishing.

Call it by any name—extortlun, “the shake down," blackmail. graft. or sabotage-it has developed a feud- al system and/the capital of thc Kingdom is shifting from Chicago to Manhattan.

The metropolis of the Central States has no monopoly on these parasitic gangs which prey on in- dustry. and probably never had. New

Racketeers Use Violence to Extort Millions ‘ From Industry-Laundries Fight Back.

m? W959i“ imm°$‘“ the “stem of ithat because the Company was Elven

taxation may be takerl to have been lby the Provincial Statute jncgrrjoratlng York has known them for years. but

E U W A R D my 19 <20

0

H ' i!

TIJEPJ COMES KI TT Y

RULLICKING ’I'lllt'i£I'l ACT COMEDY

Dlltl-LFIIP-N OF MR5. AITIIIYR H. ROVER AX!) CA.‘ I‘ (If LOCAL TALENT L'n(l"r the Plllrfilltlgt‘ ol IIIH Iloilor lneilienant Governor and Mrs Ilcartz. Ills Worship .\lu,vor I'ro\v.~.e and Mrs. l‘rovvse.

in Aid of Protestant Orphanage .'i1"II‘..\('l'lYZI .\l’i'I(‘l.\7lI‘lI-1S IIZTPNYEIIN ACTS

IILSEIIYL >I£.\TS 75v. t‘; 501'. SOME RUSH 35c.

..___ I ' ' l GIRL I£\ NOELIST‘ GONE AND L\I;\\' IS SOFGIIT HERE

BASE BALL _ _ __ ill-wilful‘ "l" “V-i" rnltrlxtiiv. N. u. 1.1a; isf-A ‘iigiflkiiéjfliir .l.h':,i:_i‘,il_‘ii’l_vcu,n; sellslltlOll is ticveloping hourly in

the deepening nlystery concerning thc futc of RW. Jewell llllllOlI, 21-year- 1ill’l"{lll'l elailgelist, of Newcastle. Pt., rullrrl the Aimee AIcPllerson of New l-Iunipslilre, pastor oi the Nazarene Church licrc, who vanished in March. and wlio for a tulle was hilntcd in this section when posses scoured the fields and rdrezlllls.

Ycsterrlay a warrant was issued in Franklin by Overseer of the Poor Lieurge French for Stacy Daigneau, J3, one of Miss Imhoftis church, who varnished thc day she clltl.

Chief of Police Jolili Manchester lsuid today: “I think Daigneau is in lToronto. He has a. chum iii a needle lflietory there. Miss Imhoff was in Albany and Troy‘. N. Y., a short time aco. Silo wrote her mother ln Pcrln- sllvituiti from those cities. 0f course,

ll‘.‘§l‘.(l ll

S...-

joist i‘ °""' . LLNLM N. .

PLUMBING AN HEATING

bright and lovable child and will be sorely missed at home and by his playmates at school. There are left to mourn besides his sol-rowing par-

ants in a prohibition case each were fined $200 and costs or three months. Five corner loafers zlppenred; three of which were fined $5 and costs or ten days. one $3 and costs or flvc 0M5- 0110 011B $1 and costs or three days. A motorist charged with speed- ing was fined $5 and costs or ten day's. The man arrested on the day previous for breaking and entering in St. Joint was ordered held _ti1l the arrival of the officers from that city. Later-Chief of Police Blitwistlc re- ceived a \\'ll‘C last evening from St. John instructing him to release thc man. as it was found that he was not the person wanted.

tersz-Chavles, William, Robert. Ed- ith. Lila, Ella and Etta, to all of whom The Guradian extends ccre sympathy. The funeral takes place this tFriday) afternoon at 2 o'clock. froln the home to St. John's Church and Cemetery. Rev. Arch- deacon Whitc officiating. S. '

-Mr. and Mrs. Thane A. Cantil- bell returned on Wednesday 010111111! to their home in Summcrsld! 110111 a wedding tour of Europe and the British Isles. Mr. Campbell's father. Mr. Alexander Campbell. who was taken seriously ill in Montreal. where he went to meet thc young

PERSONALS

Among those who lnotored from

Staiichel to Tryon and Cape Traverse

on Silnday; \\'Cl‘(‘ Mrs. J. J. McLeod. Miss Mildred Dixon. and Mr. Herbert l l t

a little improved. S.

in

OPTUMETRY

i; a specialized ‘science, concentrating all its rc- aources to the end that

Defective Vision may be restored.

Eye Strain relieved and Muscle imbalances cor- rected.

Any one of these defects may be. and nearly always is, the cause of

Dixon.