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POLITICAL APPEAL

(Continued from Page 1)

exceeding a rate of six miles," be amended to read simply "an ordin- ary trot." A slow trot, he suggest- ed, might be more dangerous to the bridge structure than a trot of ien\ mile- an hour.

1dr.‘ Jones (Fourth Queens) re- ferred to the preceding section of the biii, excluding Hilisboro Bridge from the regulations regarding

reckless driving across bridges. Why. Mr. Hughes: "Isn't that a very enact? The the his Council of which the Minister is a member. There is no real appeal tiiere from the minister. Put it to the County Court. Put it to a board of arbi- County Court. or a board consisting of one man appointed by the gvvnl ment. one by the owners, and one man

he asked, exclude Hiiisboro Bridge in one section and inc‘ude it in another?

Premier Campbell: "It gives them the preference of trotting on the Hillsboro Bridge."

Nit. Jones: “We already have that privilege. Signs permitting a. speed of twenty miles per hour are posted on the bridge now. Those signs must. have cost $20 apiece.".

Hon. Mr. McIntyre: "I think that refers to cars."

Mr. Jones: “Who knows whether it refers to cars or horses? It does not state. I suggested yesterday that the whole section be thrown 011:."

Hon. Mr. McIntyre: "It wouldn't be reasonable to suppose that a horse would trot at the rate of twenty miles an hour."

Mr. Jones: “But the section is s. farce; it is not any good."

The section was passed in ac- eord with the Premier's amendment.

EXPROPRIATION CLAUSES i

Sec. 59 provides that "where it is nece sary or expedient to procure material for the ‘construction or re- pair of the roads or bridges, the Minister, if ‘from the absence or refusal of the owner or possessor of the soil, no agreement can be made with him, may enter with workmen, parts, carriages and hor- ses. or motor trucks upon any un- improved land. and therefrom for the construction, repair or protec- tion of the roads or bridges, dig up and carry away stone, clay and gravel, and cut down or curry away trees (except ornamental or fruit trees), bushes, logs, poles‘ and brushwood in a manner least pre- judicial to the owners."

Hcn. Mr. LePa-ge referred to the Rustico Highway. The people were so pleased at getting the new high- rvoy that with one or two excep- tions they gave their property free. "if we are going to build improved highways," he added, "the first thing that must be done is to ob- tain sufficient land to build ade- quate gutters. All governments have been hampered up to the present time, by somebody holding out for so much money. The government should be able to take land they want to use for the Crown, and Rive a man a certain amount for it. In a great many eases there is no need of buying it. Those roads were originally 00 feet wide: that is the width provided for in tho Act. This Act will enable the gov- ernment to deal with those people without appealing to the Court. The government is supposed to have lots of money and when they ap- Deai to the court. those people usu- ally get what they ask. I don't think that is a fair way. n should be left to the government as s court of final spinal-or- to the Legislature. I should say.

Mr. mrghss (Fifth Kings) cited a use where there was no question as to tbs width of the road. and on twooccsciomhehsdhadiosie 8n attorney to protect his pro i’ interests because the road lagers oncriosiihcd with their machines.

Ml‘. hviiic (Fifthjiings) cited similar cases from-his experience.

m. lhclflnnon (Second Kins!) csircd if the“ rnmcnt todly

mums! a armor to keep his fences but to tbs original line.

lion. m. McIntyre: “I would u! I0.

m» om man

i

should should may that ws ‘lgcn. friend's

the road it" became narrower."

Mr. Jones: "A 80 ft. right-of-way. It should be 40 feet.

Hon. Mr. McIntyre: "If it should be 40 feet I would say that the government would be justified in widening that road to the proper width without any compensation to those owning the land."

STRONG PROTESTS VOICED

Section 61 provides that “if the owner of such lands or materials refuses to accept the sum so offer- ed, he shall have the right of ap- peal from the valuation or thesaid Minister -to the Executive Council, whose valuation shall be conclu- sive and final."

breastwork.

doubt. would or not.”

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land free. But I furtheridcwirficliiififififitiat is iTlaifiTh"

Hon. Mr. McIntyre cited a. case where the Government offered $1,- 500 fcr laud needed for building a “We considered it was half the value of his whole farm

but he held us up and wanted us to pay two or three thousand dollars. which I considered would be almost the total value of the farm."

Mr. Hughes: “Would any board of

' arbitration or court be likely to give him more than $1.500?"

Hon. Mr. McIntyre: “I doubt

whether they would give him $1,500 for it."

Mr. Hughes: "Then why obiewl

to inking the czLsc before them?"

I-ion. Mr. McIntyre: “I say I I don't know whether they

Mr. Acorn referred to Clause 63.

arbitrary clause to owner if not satisfied with Minister's decision must take protest to the Executive

traiors appointed by the

least some chance tolthe man who is appealing."

Hon. Mr. McIntyre: "I think it will work out satisfactorily. The minister in every case would use‘ his best judgment as to xvint the value of the land was. The County Courts-when it comes to n gov- ernment paying a. bill-have no rc- gard for what price is paid on the land. I had experience in the inst‘ few months in this regard. I have‘ a fairly good idea what land is

fer that I mode was much iririr-cr than the government offered that put through the road. I think that ‘offer was $50. It was only five or; six chains- across. I thought it worth fimbflbiy $125: not any more. But they appealed to the County Court and the County Court gave them $300. That comes from the Belfast District. I don‘t think that was just-J may not say that". (laughter) "but the land wasps.‘- worth it. So I think it will be more satisfactory if the appeal is made to the government and we will get

i

which provides: “The compensation to which an owner shall be entitled for lands taken for public roads un- der this Act, shall comprise the value of the land taken, the damage to the land of the owner directly caused by such roads or alteration, including where a new road is laid out, the cost of fencing theroadway after deducting any benefit accru- ‘ing to the land of the owner by reason of the construction of the new roati or alteration.” No one, Mr. Acorn suggested, could fairly 011.19%

appointed by the judges or. the to a settlement under those condi- County Court if the others cannot “0115- u agree upon a third party. Give at M“ Hughes: Pnwided n w“

made by an impartial tribunal."

After Recess, the committee re-

suming its sitting, Mr. MacKinnon stated he wished t0 withdraw hi8 objection to Sec. 6i in view of the provision made in Sec. 63.

Mr. Hughes: “I nm afraid. as it i5

now. you will ‘have to carry it on division; menu dividing the House.”

it need not necessarily

The chairman accordingly put the

motion that Sec. 61 should carry. A chorus of solitary “Nay” of Mr. Hughes. The chairman then called for a show of worth and I consider that the of- hands. Messrs. Hughes. McKay and Sovillc raised their irands in oppos- ition. iho others siiznifying their ap- provni in the srme manner. members in the House at‘ the time who thus voted were Premier Camp-

“Ayes" opposed the

The

>011, Hon. Mr. McIntyre, Hon. J. A.

Campbell, Hon. Mr. LePage, Messrs. Wright, Cox, Mustard, Anucar, Mc- Isaac and Barbour.

The bill, after some further dis-

cussion, was reported agreed to with amendment.

IIIGIIIVAY ADVERTISING

On motion of the Premier the

THE CENTRAL GUARDIAN

This column is reserved lnr Burl OI local iritnrost but advertising ol n uewmy nature may be Inserted at I cents n word strictly nlylbio in advance.

couransasrrou LIFE INSUR- suca. L-ma-r-ia-arz.

cruiswsnr. rorr raoro- casrus. n-aiar-a-za-ir.

PREACl-IING sarrvrcr: at Mur- ray River Sunday, April 5th at '1.‘ Louis Harris. L-3520-4-3-ii.

CAVENDISH Pastoral Charge. Church Services for April 5th. 11 A. M. Cavendish. 3 P. M. New Glas- gow. Rev. W. A. Paterson, Minister.

L-3495-4-3-1i.

l run passer-rams»: cnurrcn SERVICES, Sunday, April 5th.- Czrrdignn 11.00 A. M. Lorne Valley

' 2.30 P. M. Montague 7.00 P. M. The

Minister at all services. L-3524-3-3-1i;

kinds of advertisements" in their windows.

Premier Campbell: "I think the very fact that so many difficulties arise. is an argument against put- ting too much detail into the Act. I think it should be left to the Lieutenant Governor in Council to prescribe regulations that will be wonkable."

Mr. Acorn maintained that the clause would make the ruling arbit- rary of the Governor-in-Ccuncii.

Premier Campbell believed ii: would be proper to exempt a man putting signs on his own property unless they were unsightly from the highway.

Mr. Barbour moved that the dis- tanee specified in the clause be changed from 100 to 33 1-3 yards. He did not press for a vote, however.

Mr. LePage's Concern

Hon. Mr. LePzige said it was only the intention to prevent undesirable advertising. “It is only in cases." he explained. “where you have a big horse advertising ale or something like that."

Mr. Jones: "Ha! ha! ha!"

Hon. Mr. LePage: “We don't want anything of that kind in this Pro- vince." (Laughter).

The bill was agreed to without amendment.

STIPENDIARY MAGISTRATES

On motion of the Premier the House went into committee with Mr. Musiarri in the chair on an Act to amend the Stipendiary Mag- istrates‘ Act.

Premier Campbell said the pres- ent Act was held to be ambiguous with regard to the jurisdiction of the Stipendiary Magistrates. And it was proposed to clarify this sit- uation.

Sec. 1 provides that the Stipen- diary Magistrates under the Act "shall, have jurisdiction in cases arising in incorporated cities and towns within their respective coun- ties, including the City of Char- lottetown and the town of Summer- side, notwithstanding anything con- tained in any statute of this Prov- ince relating to the exclusive juris- diction of the Stipcndiary Magis- trate of such city or town.

Mr. Barbour (Second Prince) said that not long ago the temperance people had met the Government and complained of the failure of the police in Charlottetown lo c0- npernte in enforcing the Prohibi- tion Act. Similar complaints have been made with regard to the Sum- merside police. “It seems to nae," continued Mr. Barbour, “that the Government is doing something here to prevent that co-operation. I was talking to the Mayor and one of the councillors of Summer- side and I asked if they were ask- ing ior this, and if their Magistrate was satisfactory. They said they were not asking for this legislation. In Prohibition cases particularly the Magistrate charges a fec. The town policeman who serves the summons also charges a fec- In a town like Summerside everything counts, and I would be one that wouldn't cure to cast a cloud or

ASK FOR GARDEN CITY Choc- olate Drink. L-3471-4-1-3i.

Cllilitflii 0F SOOTLANE-Rev. Ewen l/IzicDougali will preach Sab- bath 5th at Summersidc at 10.30 A. M. and Cape Traverse at 3 P.M. Also Wednesday 8th in Peoples Church City at 7.30 P. M. .

L-35l3-4-3-ii.

SUNDAY SERVICES.-New Glas- Glaskow 11.00 A. M. Bradalbane 3.00 P. M. Fredericton 7.30 P. M. Rev. Wm. G. Quigiey, Minister.

L-3512-4-3-li.

aars APPOINTMENT _ Mr, Albert Edward Lavers, has been appointed C. N. R Section fore- man at York Mr. lovers belongs to one of the oldest and most h i a h 1 y respected families of Georgetown.

Dance Recital by Pupils of VERA WILLIAMS and FASHION PARADE by HOYT’S Prince Edward Theatre Friday, May 1st. i-_i________-

i is entirely out of order. no shadow cast on any Magistrate. I move that the Speaker take the chair and that the chairman repor. progressand askleave to sit again."

Motion carried.

Estates of Intcstates

On motion of Premier Cnmpbou‘

the House went into committee with Mr. Stewart in the chair on "An Act to amend the law and reg- ulate the distribution of estates of intestatcs."

Premier Campbell explained that the old Act was passed in 1873 and contained a typographical error which was only discovered in the Courts inst year. The bill substi- tutes the word ‘intestate’ for the erroneous word "testatcr."

It was agreed to without discus- SlOfl.

Judicature Act

On motion of Premier Campbell the. House went into committee. with Mr. Wright in the chair, on an Act to amend the Judicature Act.

The bill amends the existing stn- | tutc by adding as Section 42 the following:

“If, upon the appeal of any per- son convicted of an offence based upon the law and airthority of this Province or a. municipality thereof, the said appeal be allowed by the Supreme Court of Judicature with costs against the prosecutor. the

amount of costs so awarded against time Crown, or against any peace officer or public ofiicer, shall not exceed the sum of $50.70, unless the Court or Judge allowing such ap- peal Silflil certify that the charge whereof the appellant was convict- ed should not have been brought or prosecuted."

Premier Campbell explained that it is the ucncral rule in cases where the accused is acquitted, thouigir he may have been put i0 considerable expense the Crown is not (ibiigcd t0 pay llicsc expenses. In appeal cases before the Supreme Court. however, the costs nf irppeni are sometimes allowed The Government is sometimes culled upon to pay

crisis amounting to $200 or $300. The bill was agreed to without amendment.

JAIL PRISONERS‘ REMOVAL

On motion of Premier Campbell the House wont into committee with Mr. Wright in the chair on “An Act to amend an Act to pro- vido for the removal 0f prisoners

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BIRTHDAY SALE BARGAIN REXALL MILK of

NESIA

clear of paying more rve think the land is worth."

Mr. MaoKinnon Mr. hIacKiunon (Fourth Kings); "I thinir the man's final

should he to the Court and not rest at the pleasure of any gov-

of criticism on this point if you thecourt and place it wit

living your own piiticai support- er s little lactic: vaiuc than the

than what

sppeiil

ernmont. You will find a good deal

take tho right of appeal away from the government. You will probab y be

man who opposed you. I am not disputing the valuation Mr. Mc- Intyre put in the case in question. But in some cases it is not a mile-in tlon of the value of land, but of ‘ ° lIlmllOl-Ilyfllpilltlmlnilll

fields, 5nd has to make two Si"! and culverts, you most figure on the irsconvenisncs and extra, cost. l don't want to sec s man's rlcht of appeal token away from him.”

of the isnd for agricultural Pur- poses at all that is in question. An

farm might be worth very little. When the present Senator John A.

MacDonald Warts in this Legislature I arrang-

to the Govsmment for what

the Dcpirtm t consid d n- sonabic m l re entirely different

ne th (I hi!’ feet 0f his house and blfnl.

a new cellar and ha‘ across. stretch sodssywhotitisworthi without every

have sells llthoslw that is recog- nised ai non-political IN . Illllii have lninn ills as it can Hon. Ill‘. ‘ : "This 91'0- vides thlxtias’ _ tivc council hatin- to one or more

license 1 would be the same as that impwed

puma where he has to cat lip his “’° idea of the license fee?"

matter for the Executive Council.

sidering is the defacing ofnthe land- Mr. Hughes: "It is not the value maps by any advertising. He was strongly in favor of the bill.

mm of 10nd oi‘! the biwkoi 0 B1811’! political advertisements at federal elections be treated.

was Minister of Public matter for the Executive Council. If it is considered desirable to regulate cd to sell a cart-sin piece of property that matter it could be. done.

thought was a reasonable figure. should bea double fee."

and what he and the engineers of 5am My, LePnge: "If it is in the public interest it can bejllowed- But I was in an , Premier Campbell: "That isscme- pocition to my thing that will have to be worked hbor for tho road went with"! out in the light of etllflfllmilfi”

‘that man simply couldn't notices of meetings, concerts, etc!" sell without getting sud lent to 418 Premier Campbell: "That would his house ‘be a matter for the Executive 0mm- You cannot take a certain, oil to decide."

considering factor? that s farmer could not be preven- and I stills that you on going to ted from pointing his own born [at into s It cf troiilc. if we don't zloth advertisements if be wished to so. . Painter Campbell explained that m vote flip bill was an exact copy of the ds. dong Act . . Prowsc

mus ‘tbs distance be

teenager-nnr: non have: m

House went, into committee with Mr. Wright in the chair on on Act respecting Advertisements niong the Public Highway.

Clause I provides that the Lieu- tenant Governor in Council mill’ make regulations "prohibiting or regulating the erection or maintain- ing or pasting or paintinil 0i ad‘ vcrtisements and the eXPOBiHB 0i any advertising device 110°" 01” within 100 yards from the limit of any highway outside the corporate limits of any city or town." and also “providing for licenses to be granted to any person" for the slid

Hon. Mr. Prcwsc asked if the fee for local advertisers