iMARCH 2, 1902s V.__’_________,

m

The-‘iiiballiiiv. ‘innit

, lliclilal Ample Earnings and Fan. Yield ,- are litigants see coming into court . . . _ at each term the Grand Jill’! andl

the Petit Jury. and the question tha investing consult our March Offering List which :21? ctehtcegmishlmlslm “flax: ‘:1’: - - ‘ when were they selected? '- ~' ' 111911."! was e J , h ls it I was nevllfivsdligczlle?! tltusservtevlhe Grand Jury or Petit Jury?" PROVINCIAL. . MUNICIPAL FOREIGN GOVERNMENT

. BONDS “PUBLIC UTILITY '

VERNlVlENT

are selected it might be well to Bive a list of the persons who are exempt from service as jurors. follows:-

or of the Senate or of the House: oi Common of Ottawa‘,

ployees both oi the Government of. Canada and of this Province;

INIllJSTRIAL LFINANCING

income RETURNS RANGE FROM 4.40%. TO 6.75%

~'l.‘fl1t wc ipmulres or nve-t men‘ service

€iieici1ii*‘seeiiriiies 00., Ltd.

4. _M,_4_,4,'__,, JNVESIMENT BANKERS

i. i i i i

811011113 officer. constable or bailimi istratcs and Coroners;

oi any municipality; it," Any members of a fire brig-i

. d h l came so obnoxious and unpopular t

d c w o wwn upon being dulylthat one of the first acts of

summoned or within 110mg afterwards signifies m me m“ st“ H8111? V111» W05 "W180i cii. WlllCh has not yet done.

atute. v ~ ~- ~ . . ‘ , , _ _ _ . The above reference shows new‘£335.31:‘ELK-ff,gigfjikgohlflshfi} 33:; uppmdm 1° “Nice ha“ be“ " m, pmesms‘ masters’ leachersynhvrvushly the Jury system has be- be tried without a jury. save me time is oi course in far-off uiopa...

L“) l M The‘_Engiisii-speaking pcopichiivc-

9 - frccognized the value oi’ trial by jury] ‘for nearly u thousand years. It haw

changed little in all that period. ii’ lihere is any virtue lll the phrase “timc-honored." t-he jury system ,may claim it. There lS no ivide- Sin-cad orpopulai" demand for its, 4 4 ll’ ‘will be “ll-ill 11$. lll Southern Pacific Co. ispitc oi its occasional mistakes. for, Union Pacific Ry. XD 21-; . IU. S. industrial Alcohol Co. . "Westinghouse Electric . . . . . .. United States Steel‘ . . . . . . . .. 1395i July. 5517i.

W. ll. Y. DUNBAR. Manager, Charlottetown.

at law. actively engaged in’ the practice or study oi the legal prow iession; ,

v.1 I.

Si‘. FELIX- Eleven membcrsr uii_ii I rco visitors met at thtrbdnlo 0F‘ m, Joiin J. (lniliint- Two ladies ' vieio asked io prepare papers progress of Canada those to be read at the next meet- 11 (jail to be answered with (he names of the cities or towns da and tell briefly “'91P re road from the

institute for their interests ton‘- alfds the school. . voted to buy o1 lfew more necessary ‘articles ior ilic school. The school

committee for March Mrs- J. Gali- John lVi- Cbassloii. ‘lfwo ladies named to clean the school, Luncheon was then served

dental surgeons in active practice; Money was also

carriers. postmaster-s and licensed‘;

ii Papers We . m“ u ships and seamen engaged in pur-'

suit oi their calling;

The New Trend in g

Company Ownership The trend today iafowaévl purchase by many Z.“.Z§Z‘.i"i;.°.‘-...2i°-.$.“°"“°' °

vdlbpinenll Ire 0 t value of the

visions of such Act. companies fonnerly duals or hinlliee. ften followed by an increase securities over the This subject is interestingly

panels of Jurors are selected.

offering price- diccuued in our

-MARCl-l MARKET LETTER analyzed are Canadian Machine, Page-Hersey.

. ' v, Bron“ ‘dot Just fill in the coupon.

Lei u: tend you a copy-

i i-m-“c-ai v-e-w

your March Market Letter.

‘IIIIIIIIIIilillillIllltllllllllilll

-v.--.-.....-.-..."noun-cu.

JOHNSTON “WA

MoCui-dy Building, Halifax

e. Tornnin Stock Fixrhnnlo. Winnipeg (‘lulu Earhanll‘.

MEMBEIKS: Montreal Sim-k Eli-haul M hteugw Rom-d of Trude.

Hlliti ii iii oiiy iii

luuoiinion Chilton” ' 000 shares oi no par value.

for propcfly and to provide not initial working capital of 'l'reasury--2,000.000 ghilfll- '

ne, Newfoundland, when: oi recent times, is being ng dc Refining 00.. the most

48.000 acres adjoining Buchans Mi one oi grcatestoomplox ore developed by’ American Bmciti Powerful mining organizatio

s on the strike oi the posures oi complex ore treme east and west

Companys property covers twelve mile zone and it is six miles wide. and heavyffioat reported found at ex

ting oi lorty-iour

The faihoiisiArizone Premier group. conais g have County, Ar-

ciaims on Stockton Hill. Cerbat R8080. M0 lzone. l2 miles from Kinsman. ' Engineers estimate. , ‘ 000.000 and $17,000,000 with far grea

liyare pre .' 1.4

Newfoundland property will be electrically 0108900006 111 cost of 0l00,000 when season permits.

lirizone property will be equipped a It has been ‘ope

tcntilllties at between 3X8.- ter possibilities at mat- 11000110 on 300-ton

nd developed at eventual rbted for the past three esident of Premier Gold lvilnin! ‘ trlct, British Columbia. Canada's gold-glint mine, controlled by

years by R. W. Wood. Pr $0.. o! Portland Canal dis largest dividend paying

American Bmelting 8e Refining Co.

Underwriting of entire present issue has been completed.

and at the pro-Hating

A ilmliodiainount of nook in now of! the right to bro-rate

lirlco of $0 cent: a share. subscriptions, which will be filled u

Weroeomineindthisiaque oitheurdinsfrnndlone

s; a qpeoulation entirely out with unlimited ‘wulbllltlw

Excellent l l

L e c t u r ei Continuum Page 4

-~—-—-l

llow the Jill‘! is Selected. l

Those who attend our courts or

Sometimes we hen-r, it said by Before describing how the Juries

The list who are exempt are as

tbi Members of the Provinciali

force.

ldi Every officer of any Court oi

Justice whether of General or local‘

lii Members of the Police Force

oflieer making the service his de-g sire to claim exemption; i

J w

before Justice oi the Peace.

presentment of twelve men.

of administering Justice. A Stat- ute was passed in‘ the eleventh year

trial by Jury.

twenty-iourymqgx‘

Quin CITARLOTTETOWN commas

Trials Before M Jatrates.

by Jury. A Very important sidelight is

This system of Juries acting in ited held or litigation.

Cases in this Court are tried bya

_ in practice. The result of this enactment was

come established in England, even (Qiiuwing cases_-__

and other salaried officials or e -

pkyces or any mflversity’ cnxlegengrdn those earlier times. school actually engaged in such‘ employment; -

Ill Clergyoi all denominations; Iji Barristers. solicitors, student

lki Physicians, surgeons and‘ iii Editors. reporters and print- (m) Light-house keepers. maiii in) Pilots. masters ‘and mates of

i0) Persons actually employed in;

any railway, telegraph or telephone: service;

and Navy;

do) Millers in actual employ-l

merit",

lri" Persons exempt by virtue of.

any Act oi the Parliament of Can-l

ada or of the legislative Assemblyilllltii the 4 . . . , , subject to compliance with the pro-i eighteenth century that the mde-i 11111116018110“ 0f Justice. lpendencc of me Judiciary was‘ However. as commerce developed. international Paper Co.

established by the A“; of gemg. and as business relations became International Petroleum

iment, which. provided that Judges 111010 complex. there has been aten, Standard Oil of N. .1. . . . . . .. 39

Let us take a single sitting oitheshould hold oince during good be- dprlvy to do away with Jurors in Mis. Kan. and Tex. Ry. 26811.4

haviour on fixed salaries. and theylcivil cases.

trate how it is done. At the slt-icoilld not he removed from oflive. ~

ting of the Court, and ii. Qpenlfiflilfi by a. joint address w bctirlmiwrtant Part Played by ‘the Jilry. houses oi Parliament. In speaking i

We will now consider how the,

Court in Charlottetown bo illus-

Coiirt, the high sheriff of the coun- _ 4 ty passes into the hands of the Pro-lei this measure. Greasy l“ hi5 W011i.‘ i thonotary of the Supreme Court on the English Constitution. slty51—i 31" Blll1°11El1 5° W180 1111 111110111“

two lists, one list containing the‘

names oi one hundred persons sew

t

taming two hundred names oi per»;

chosen that they may come from all‘

handed to the Protiionotary. latter officer, in open Court, draws‘

bc ‘ ‘ ‘ "l as Petit Jurorsfor the next term. These names are puti down in two separate lists. These. naineaarc known only to the Pro- tiionotary oi the Court. These lists are placed in two separate envci-

Vault of the Law Courts-When the ensuing term arrives,’ the list is given to the sheriff who serves Jury summons on those whose names have been selected. It will thus be. sec-n not only are the names select- ed by lot. but that there is greet secrecy in connection with the same.

Sage Tea Dandy to Darken Hair

You can turn g r a y. f a d e d hair beautiful- ly dark and lustrous almost over night if you'll get a _ bottle oi‘ "Wye cth‘s Sage and Sulphur Com- pound" at any drug store. It costs only 75 cents. Millions of bottles of this old fam- ous Sage Tea Recipe, improved by the addition of other ingredients, are sold annually. says a. well- known druggist. because it dark- ens thi: hair so naturally and even- ly that no one can fell it has been applied.

Those whose hair is turning gray or becoming faded have a surprise awaiting them. because after one or two applications the gray hair van- ishes and your locks become luxuri- antiy dark and beautiful.

This is the ‘age of youth. Gray- halred, unattractive folks aren‘t wanted around, so get busy with Wyeth‘: Sage and Sulphur Oomp- ound w-night and you'll be delight- ed with your dark. handsome hair

The earliest record of a Statute slander; iFmllerrlng the DOWNS 0i summary Criminal Conversation: conviction on Justices of the peace seduction;

p 11 _ 11 E Malicious Prosecution. or iiii§°.§°§;3‘.‘.$“f.‘; te;"'::*t*:.i:"l i _ 1" and save when a Judge oi the Court gbgijflg“ ari and. Appeal. ‘ ‘ . The Royal exactions taken iromi Thh f 11 ~ - ; [the people by Empson and Dudleypages 0133i, course‘ app es u, Cwflia mug time to some‘

em of any pubm: newspaper Driduring the time that no Jury inter-

journal. actually engaged in sushi employment; .

on the other hand.

dor times.

the pleasure of the Crown.

‘however, is unattended by trial byinnocence of the accused rests: jury. Let iis take first the Probate with the citizens of the State. Thei Court, that is. a court presided over lawyers prepare the case for thei_ by one Judge. _£l‘his Court has to prosecution. and the case for the, do with the winding up oi estates. defence. the lawyers examine and the passing of accounts, of aiiowingl cross-examine the witnesses. and‘ and disallowing claims. In this addresses the jury pro and con; the Court there is no Jury. Then we presiding Judge instructs them in have the County Court dealing with matters of law. but the decision of claim of debt and damages up to guilt or innocence rests with the $150.00. This litigation in the Coun- twelve men who compose the jury.

ty Courts is absolutely in the hands of the presiding Judge. He is played by the people themselves in Judge of‘ the law as well as Judge the administration of Justice.

oi the facts. and there is no Jury in his Court. ‘Then, we have anoth- the administration of Justice - we er Court, namely. the Court of Equity. commonly called the Court of Chancery. The Court o! Chan- cery adminlstrabes what we call Equity. This branch of the law has much litigation in its Courts. and perhaps more both here and in England than the common law Courts. In the Court of Chancery or Equity there are no Juries. The Judge is the sole Judge of the facts.

By noaoimv LANG l

"to hear a compla‘ ‘ of erroneous

‘Judges of law and fact and who

and your youthful ‘appearance wllilhl 1t iv" 0!?!-

‘Theee offloials. especially those of

orders otherwise.

Although this law is not yet in,

"$11611 between U16 subject 811d llllfliorce it shows the modern tendency‘ Crown. in vases 00mins before 0115.10: Legislation as its Jury provisiohsi tices of the Peace, shows how neces- are 51mm“- to muse passed by other sary the Jury System was in those provinces o; Canada >

days to stand between the people on

It will be seen from the above that,

We lllwe 511111111013! Oflllvlcllilnlllllilflprescrve jury trial in actions of

for many offences. and the reason wrcngs_ . for Juries do not exist for the rea- ~l10 management and Wmklng O JSODS that rendered them so in Tu-im the machinery of Courts aboveht. Top. and Santa Fe Ry. n M mi u i] J d i m Innmed, there must still be recogniz-imllerlca" ca" C“ -= ' - ~ 4 ~ - ~ 75* B1'°11\l>l°11 ID) Oincers of His Majesty's Armyi superiors Callas ‘lad 21-58595 gun“; fgthlgsiggngglxfglsllarlzfllafxfl gzréleallllg 1A“ ca)‘ 8‘ Fay‘ Co‘

l iin the criminal law andsin deelhxllllflgihm- B05131 M08116“ C0- - lwith actions of torts in civil casesmAnaconda Co . Min. Co. .

But although. Juries play no part1

. ' “P, , "r , _ comprehensive jurisdiction lncrim_ can never llltveiaiat until we havei In Tudor times we rind that theiinfli matters; they can try indictible perfect jurors. with perfect minds‘ ury System had permeated the offences where the punishment is and perfect judgments. hole fabric of the administration less than flve years and send the oi Justice from the trials before the offenders to the penitentiary, in at least, jurors are seldom accusedi King's Bench to the petty sessions the same way as ii the trial were oi convicting innocent men. ' This am thud ‘ d ‘Amleading American Journal inl v expe oua me o a - ts ue. 8th January. 192s, has the: thrown upon ‘Prlal by Jury in the 01111151811113 the ‘criminal law is be- (Qllowirlg editorial on the Jury Sys- law relating to summary eonvie - lng more and more utiilud in Can- fem‘ tilt)‘: by Jiustice‘ of wit?‘ Peace. h; ada. at the present time. J me ear er mes e power o l“ ° “s smmw‘ “d “m” “mi Justices of the Peace» to hear and

determine was considered only an

It is safe to say that in Canada.

"Every now and then, especially In addition to this. a. large amount when some apparent miscarriage oi of the cases in the Supreme Court justice has been noted by the pub- are tried by a Judge withoutaJury. lic. we hear a deal of talk about the flllllmflly l0 Proceed in the com- S0. although the Jury system is obsolescence oi the jury system; nptufgflf arise, m the“. minds .51. 111011 111W Way. by indictment. by the on important part or our ad- how it has outlived its usefulness; [Grand Jury. or as the statutes ex- ministration o! Justice. yet at the how it is a clumsy old relic of Ang-

llilessltd ll. by the inqulsition and same time in Civil Cases, its -pre- io-Saxon medievaiism; how it de- 56110 °P9ffiil0fi extends over a llm- laysd ti: degiséorli o; trials - in u wor . ow a t . But the old gonjungtlon with Justices of the Then there is another Court in way persists in spite oi all such‘ @1100 11d flown up and was well which there is no Jury, namely, the denunciation." established at the time of the Exequer Court of Canada, reign of Henry Vii. This Monarchl idcvised o. scheme whereby to do

_ , Jury trials are sometimes exas-

qThis l5 a Federal Court and deals peratlng.

Wwa with mls l 0d Mlbh National Revenue. Patentsul makes the average citizen weary oi

Y 011111111 1 11W 111 B cases arising out of the Expropria-I the law and all its doings. But by,

Llflzalag 1min: for‘ gutbkiic évofkSlflnlhazld large they represent about the’

es wc e own "-1 ttht ‘t ‘ .~,-‘

°‘ .1115 "is". whereby 1t was vr- teresled. r H“ itiesmenfoislil: {agllntligllelllestldtl TH in.) Members of the Privy Council‘, 3331i: tllklfitizlat Shollkll blatilawtln tfllr i l

ss=an usceo eilJd.h' . '" ‘ ‘

Peace upon information to heanmd algae“! sngefascvto is the sole Judgelinteliigence to rule their decisions

idetermine all offences short o! fei-

gation. The man who wants sheer The same i5 n e [m Ad _ n §may_ lbe theoretically correct, but‘ _ v ‘u o e inira _v aetualy he is askin th t h‘ h Legislature and the omens there-iony against any Statute then in Court. It lS presided over by uinotdcsirable. It is gaieilo ‘gaylcthat’ of; . 4 This enlwlmbni- did away‘ Judge without a Jury. Although therli‘ nothing but intelligence ruled the‘ (c) A“ salaried 05191315 and em_ Wllll ll“? “W11 laws 011d “Sites ImdJudge in the latter Court has poweridecisions of juries they would not. 13111111?! ill-strives to execute nllpehalwo divide issues of fact to be triediin the mass. be as m.» as they are a l1 e5 W i» 0110 filly Dffifiellllllenl- 01‘ by a Jury, the same seldom occurs, today. A jury Ls a. cross-section qii ithc people. It contains varied de_l m L J _1 _ A about half :1 century ago the Juqgrees i jurisdiction including every sherififiki: ‘effégfgdaflellze “$31?” °i tlleidlcalll“? Mt W118 introduced 11,1 Ellil-ihorle-sty and a conscientious d.» 0W8. w Ls dlt y 8h 0111 llflrl- laiid and the same has since beenisire i0 perform well the duty that

(g) Ponce am; sppendhm. Makdnii ll"; ‘l; . 01‘_ the Bllladiéilfiepmtroduced in all the Common Lawlis in front of it. The mixture mn- s.

reign of Henry vu [rain blends produce n bctici" tea o‘

in i925 ti A t ." “ .1 . . The law as thus administered be-lJudiehiure Ab]; in courwlgilovliillelxeedbulliliozllzlitlnlndhaglallelryliq")eliatiyillelliritl m? hl-‘ygallle 15°95 110i» 001110 111w i°1'£‘i‘.:bi‘alids of CdUCi-iilblihléllllii‘. llll say-nil,‘ ‘ ‘ 1111111 nloclalmed by 01<l9l‘-111-00\ll1-ythatsuch and such is their verdict. ‘W3 lllfly set it down that at least ll -

Perfect justice all oi iill‘ "ll

Stock Quotations ~

l Montreal HALIFAX, March L-Quotationshbitibi furnished by Johnston and Ward, Brazilian “Fraction

_ . . . . ‘.02 i fe"ym°“' lthe one hand and despotic power me modem tendency is ,0 eumithill/Ieillbefs of the Montreal Stock a. E. Steel lsi- Pid. . . . . . . . . .. . late Jurors in mercantile causes andixchange:

New York Exchange

Am. Smelt. 8e Being. Co.

Their outcome oitcii

intellect, common-sens

Soap can't work“ till it dissolves: San Jig/w Dissolve-s fies/y

The harder the soap, the longer the d

that do the cleansing.

Sunlight, the ail-pure soap. is purposely made to dissolve ireely. _ . . Pure, soapy suds which cleanse ad and fibre yci are so mild 1n ihcr they positively cannot harm

7'52 $5,000 Sunlig/JI (nmrisnler meant Able/me Purity. Longer Life la Your Clot/m, Nirrr Ham/r.

lMonireal Power . .. . iNutionai Breweries ‘Asbestos Com. New .. lAsbcsios Pfd. New .. . .. .. l82*".~i5ei‘. Telephone . . ..

.. i061“. Sllawinigaii

A“ md°m“d°_“l' J“dl°l“'y' 1 The practice of trial by Jury dur-‘Can. Pacific Co. XD 2". 2021i", Strange as it may seem, it, was hoping the past centurymiust have hail N. Y. Con. 8a i-lud. Riv. RR. 160M

beginning of

System.

“The sway; Kings had been in of litigation is done without the,

the habit oi systematically packing lnterlentlon of a iury and although looted by him as qualified Grandithe bench, in order to secure dECi-_ll'le 111009111 lelldfrllfiy 1h w have Jurors. and also another list COILlSlOHS favorable to the Crown, on mercantile causes tried by a single an points o; raw; an‘; in order 9,1503 Judge, yet at the some time we must $0113 selected by him and quaiifleiithat unscrupulous partizans of the recognize its importance in criminal to serve as Petit. Jurors, all resi-iCourt should preside at all State trials: and in actions of Wrongs in dents within the county and softrials, and work out the Royal par- Civil 08808 in which 11811111805 1111‘ tlallties and. hatreds. j parts of the County. This list is? showed any independence in such Nor must we overlook the im- Thelmntters, or who were known to bi- portant part 1t has played in the opposed to the views of the Court, developmentbf our jurisprudence. by lot. from the one hundred perqwere summarily dismissed from tho,_ An institution like the Jury exist- sons before mentioned, twelve namesbench. and more obsequious tool". mg for centuries amohgfi h NOD16 l-pr grand Jurymcn. These twelveloi the Government were appoéntetl cguld rtiot but influence its National form the Grand Jury for the nexilon the eve of any important u icialc arac er. term. And from the list oi twmpioccedlngs. While this could 4 be, _ 4 _ . hundred Petit Jurors handed infldonc, the liberties of the Slllljfifili "1110 11151018011016 the Brli-ifillelfiand the Prothonoiary draws by lot thifwere never safe. There was not one that is his love oi fair play. » names oi twenty-four persons tolthat mlshi» 110i? be 01008110111501"? form before a Court oi Law, to be chosen by lot from the masses. upheld or nullified: and the Sov- gives the citizen a sense oi secur- ereign who could garbie at his will ity. Those jurymcn come to court the administration of the laws. unbiased and ircc from malice, and