PAGE FOUR

FEBRUARY 2, 1947

TIIE BIIIIRLIITTETIIWII GUARDIAN

Morning Dally (Founded In 1R7) Authorized ll 8000M! Class null. ti»: our» ’Departsnont, Ottawa.

President, Ion A. Burnett; Vice-President, Wm. R. Burnett; Secyn-Treau, G. M. Burnett; Editor and Managing Director, J. R. Burnett; Associate Editor,

hank Walker. -

“The Strongest Memory is Weaker Than . the Weakest Ink."

IFRIBAYfPBBR-ITRI-lietl, ion Legislative Sovereignty Limited

Commenting on the need of a new Bill of Rights for Canadians, a subject which appears likely to be discussed in the House of Commons at the present session, the Fortnightly Law Journal says:

"We in Canada are passing through a period in our national growth that is strongly reminiscent of the seventeenth century in Eng- land. Then the struggle was between the King and Parliament, between the sovereign power of those days and the symbol of the rule of law. That struggle almost ended in_the mere substitution of one form of dictatorship- and a less benevolent one, by and large, than the one that was overthrown—for another. But disaster was avoided and’ the ultimate result was the Declaration of Rights of I688 which today is in such urgent need of being reaffirmed. _Be- cause the doctrine of the divine right of Kings has given -way to the equally obnoxious doc- trine of legislative sovereignty and once more the spirit of freedom lies prostrate before the forces of dictatorship. Only the Courts _can put upon this overweening menace of legisla- tive sovereignty the limitations that must be put upon it, if freedom is to survive and true democracy be saved. The essence of freedom and of our form of democracy is the rule of low under which no person and no body of persons, not even Parliament itself,_is above the law. Perhaps a Bill of Rights might serve as a reminder to Parliament that even it has no divine rights. But ultimately it will have to be the Courts who will stand between a duped people and the power of the politicians."

lndian Affairs

Indians in the Maritime Provinces, accord- ing to Mr. R. A. Hoey,-acting director of Ind- ian affairs, in the last annual report of the Department of Mines and Resources, are _en- ioying a continued high standard of living, many lndian families now occupying better homes and living under conditions beneficial to health. The centralization policy in Nova Scotia and Prince Edward lsland has been con- tinued with favorable results. _

The quinquennial census of the Indian population was taken in I944, showing a total Iiidian population of 125,946. The number of Indians in Prince Edward lsland is given at 226.

The number of enlistments among the _|n- dians in proportion to their population during World War ll is described as "exceptionally good." More than 2,600 enlistments of Iii.- dians were recorded, I70 of whom were either killed in action, died of wounds or as a result of natural causes. Three Indians were award- ed the Military Medal. lndian enlistments in Prince Edward lsland numbered twenty-four.

Reference is made to the one lndian ‘ag- ency Ill this Province, located at Sumnierside, to the large number residing at Lennox lsland, and the smaller communities at Rackly Point, Morell, St. Andrews and Scotch Fort. Subsist- ance farming", says the report, "was engaged in by a number of Prince Edward lsland In- dians, with many of them owning their own livestock. The homes are fairlY_ 99W and increased employment has rlesulted in im- proved living conditions generally. v

The statement of ordinary expenditurefor the year shows the following amounts for Prince Edward lsland: lndian agencies. $3.624; Medl- gal, $3,862. Welfare, _$9,763. Total V3177. against a total expenditure for all Canada of

$6,164,240. Nova Scotia lloal Deposits

Coal mining troubles in Nova Scotia bulk large in the news these days. A great deal of information about this industry is given in the bulky "Report of the Royal Commission on Coal, I946", which was tabled in the House of Commons the other day. This is the work of the Carroll Commission, which was appointed in I914 and heldpublic sittings all across Can- ada. While they do not directly bear on cur- rent labour disputes, the 6S0 pages __of this huge bluebooli have much to say on mining methods, coal reservesffinancial aspects of production, industrial relations, transportation, distribution, sources of energy, markets, governmenhpoli- cies, subventions,.etc. The work is a veritable encyclopaedia on the subiect, something akin to the Sirois Report on Dominion-Provincial Re- lotions. Like the latter report, it is probably destined to be read and forgotten. Nobody would think of taking it up as light reading, and neither the miners nor the coal compan- ies saem to be enthusiastic as to the Commis- sion’s findings. _ _

The following elementary but interesting notes on coal reserves in Nova Scotia are from the introductory pages of the volume:_

There are in all ten cool fields in Nova Scotia. On tlle east coast of Cope Breton ls- land thero occurs the Sydney cool field, the most important inthe Moritimes. Several relo- tively small deposits occuron the west coast ot St. Rose-Chimney Corner, Invsrness, Mobou and Port Hood. In the south are two very smoll_ deposits in Richmond County and at Loch Lo- mond. On the mainland, the most important deposits occur in Pictou County in tlio Stellar- ton-Wsstvillor oroo, and Cumberland County in tlia Sprlnghlll-Jogglns iiroo. A small deposit occurs liv-Colclisstor County near Kemptown. _

All tho coals of Nova Scotia ars bitumin-

coking coals but the high sulphur content is a handicap in their use for the manufacture of metallurgical coke and of gas.

Recent geological studies have shown that the coal deposits of the" Maritimes belong to three age series, the Riversdale, Cumberland and Pictou series, the classifications being mode on fossil-plant evidence. There were long intervals in which barren, sandstone and shale were de- posited with only relatively short intervals fav- ourable to the growth of coal-forming vegeta- tion. The St. Rose-Chimney Corner, Port Hood and Richmond coal deposits belong to the Riv- ersdale series, the oldest of the series.

The SpringhiIl-Joggins deposits belong to the Cumberland or second oldest series. All the other fields belong, together with the New Brunswick deposit at Minto, to the Pictou ser- ies.

With the exception of the Sydney field the deposits in Nova Scotia are of small dimensions and, with the exception of the Pictou deposit, were formed from vegetatigi which grew on the location, the seams being chdracterized by uni- formity of quality and thickness and a clay root-bearing floor. The Pictou deposit appears to have been formed from drifted vegetation, the seams showing wide variations in thickness and quality within short lateral distances and lack the typical clay root-bearing floor.

The really accessible coal in the land areas of Nova Scotia has been mined, the remaining reserves therefore offer little opportunity of re- covery by stripping operations. An exception ta this general statement is the outcropping of one or two seams in the Sydney coal field. The land areas contain only very limited deposits, the most important reserves lying in the sub- marine areas of the Sydney coal field. The Commission was advised that there is little likelihood of discovery of further coal deposits, with the exception of the possible field near Newville at Halfway Lake, sixteen miles soulth- west of Springhill.

- EDITORIAL NUTLS -

_,_

It is suggested that instead of erecting a $l,500,000 building for Federal bureaucrats, the money could be invested with more advantage in

a grain elevator.

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A total of 9,186 persons are employed by the Unemployment Insurance Commission, Labor Minister Mitchell disclosed in a return. OI the number 8,847 are regular employees and 339 casual.

Q The sudden, unexpected death of Miss Ellen Wilkinson, Britain's Minister of Education in the Labour Government, has raised suspicions of some kind or other with th-e result a coroner has ordered on inquest more than two weeks after her burial in a village churchyard in Buckinghamshire.

a 1r o

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It seems hardly credible that the Federal Government would stand for every cmploycc deserting his job for eight days before the end of each financial year, simply because he is en- titled to be off duty ill that number of days with- out a doctor's certificate. This is an extreme instance of converting a "may" into a "shall". Why should a government employee have sick

leave if he be not sick? i k

a u.

The unheard of weather conditions in Brit- ain has produced hitherto unheard of wild-life conditions. An Old Country paper reports: "Wild cats—some more than forty inches long -—from the Argyll hills are raiding poultry runs in the lnveraray district of Scotland. Recent cold weather has brought them down in large num- bers in search of food. \'Call of the wild’ has also reached a black and white pct cat in Wick, Caithness, which has gone native and taken to the moors; living on rabbits, hares and grouse."

Henry James, American novelist and phil? osopher, died this date I916. A consummate artist of the cultural class, the types of which he wrote-leisured, complex, given to self-anaIy- ses, and, above all, Twentieth Century-have nowhere else found a dclineator so skilful. His earlier stories are American, but his later ones cosmopolitan. Among his works are: The Wings of a Dove, Partial Portraits, Notes on Novelisfs, A Small Boy, The Ivory Tower, The Sense of the Past, The Middle Years: "The American scene —a huge American rattle of gold." "ldeas are in truth forces. Infinite, too, is the power of personality. A union of the two always makes history."

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A cousin oflPrime Minister King, the Rev. John King, M.A., has just died at Hampstead, Montreal, in his 9lst ydar. His and the Prime Minister's paternal grand parents were brothers, He was born in the parish of Strichen, Aber- deenshire, Scotland, and obtained his M. A. de- gree at the University of Aberdeen. He was ordained to the ministry in I882 and after a charge in England he was called to the United Presbyterian Church in Alva, Scotland, where he was a member of the Clackmannon Educa- t-on Committee and a governor of the Dollar institute. He had a subsequent charge at Glasgow. He came to Canada in I928 follow- ing his retirement from the Church in Scotland i.nd lived with his son Harry. While there he took a keen interest in the affairs of Kensing- tori Presbyterian Church.

k ir I i

According to The Canadian Press corre- spondent at Ottawa the Government's mandate does not expire until I950, but there is noth- ing to prevent Mr. King from calling on elec- tion earlier. He might, for instanco,_ decide to fight an election on the Government's prlce control policy or on its dealings with the prdv- inces on taxation agreements. A Liberal morn- ber said Ila understood most Government sup- porters would not be averse to an election with- in a few months. In chats with members of the Opposition the cor-cspondent gathered that the C. C. I‘. and Social Credit parties would like more time to organize. Feeling among ths Progressive Conservatives was said to be mix- ed, with some members feeling tho time for o

oiis, the grater part producoil bolng classified in hifl volatile "A". Tlioy are generally good

general election opportune and others arguing that organisational work should be accelerated.

THE CHARLOTTETOWN GUARDIAN,

llotos By Tho Way-

Nisw that: tvro way rsdla do clip. fll dllflm the war. ls available ll safety equipment for railway trains, its use should be made “‘ oiu Coniidla railroads. ‘Us-a at mo. wiiy radio would eliminate collis-

IJUBLIC FORUM

Thll column ll. o”; so “lb lllltllfllnll by “"5. sporidonss ot gum," g ' ‘ Tho l“ ' Guardian does not uncir- ’ the oolnloo of

correspondents.

1011s which continue to occur on Canadian railroads at taa frequent intervals. --vimcouver News-Herald.

Mrs. Sarah 01m rm, 10s rug Oclober- she recalled seeing the first Duke obwellsngton - has died at her home 1n Compton, near Winchester. During the war Mrs. Fitt insisted on lielplng the national effort by forming a girl's" knitting circle. She was believed to be the oldest person lri Britaln. —London Daily Mail.

“Till; may prove ta le B:|‘aln‘5 '91P!" l0 U-ivitcd Slates motorists has andved in the pocket of Can- adlan-born W. W Baldwin, once of Well Street. He l5 marketing the Baldwin-Auger automatic car park. By means of the mechanism. a car parked on plaifomis atop 8199i fails 1s dialed electrically to l $101160 lNoe- and back when the owner returns. Average de- livery time 1s three minutes.

fisuroa oi mound $500 per car SINCE. operating costs ore low; utilization of '79 pcr cent, o.’ floor $111109 is claimed. The company 11°11“ l0 Pflfk England's cars for 10 cents an hour. -Bus1ness Week.

Slate IBZIEIAtIan lri senor-iii lnldo up U19 slop, look m: listen slm flsnlnst headlong divorce. In Michi- gan s proposed blll would require two years’ residence before a div. Owe suit could be brought, g six- month cooling off period before a suit could be tried. Maine L; con-- sldesine requiring a year's wait before rerriorrlage, Iowa camera. plates a measure to hamper uncon- tested divorces by pro-divorce ln- vestigalicn. Teusiessee}; slate judic- ial council would attack that pro- blcm by prohibiting action unrll thirty days after a. defendant has received notice of o. suit. Wisconsin mfly rfiqulre divorced men who have minor children la secure court per- miESiOn to mflfry again, so the! l. record of nan-support or iriabliiy to support two families may bar remarriage. -New York Herald Tribune.

The South Seas have vrlliresscd in its most striking focrm the im- bnci of advancement upon prim- lllve cultures. The peoples of some of the rernoter lsland; were barely PENNY-Yd from the stone age either intellectually 0r mntcrlally when they were COllffOnled vgllh all lhg terrifying apparatus of modern war. Arlci- their recent cxpcrlencc. these Simple people caiiryat return again lo their old condition of isolation from the modem world, and it will 12c the iask of the 113w regional cvuatrizzilicn la lay down the prin. vlDlTF b_v which they will be guided lhrauzli the transitional years ahead. There is a great need fsr tho pJCIllIg cf ideas and mclhods. The administrators fare a perxfex- inc task. Man in the Wezi is an individual quickly responsive 10 r-Iizingc; a man in the South Pacific is a unit 11v a rig'd society. It WI'I not be civy for the two to find n common ground of understanding. Happily, a JTIW technique cf social anihrzpalogy is ncw develophg Ccvised la deal with just such pro- blems. —Landori Times.

The secret service is sold lo l:e puzzled by the discontinuance of operations by a passer of counter- fcii money who operated in New York City fcr about eight. years, Si1_\'5 'I‘he New York Sun. This par:- lcular rascal was notable for liis restraint. for he speclalizeg on om; dollar bills and poised Only about I5 of them a week. It i5 obvious from the figures that this cannot have been his vocation. imiess he was seriously lnieresierl In proving that crime does not pay and will- fng to endure all neccssary p/rlv- allons l0 Prove it. Passing is count- erfcii bill usually calls for a small purchi-uc, so that the mysterious operator must have had some bus- incss cxipenses. Production costs may Iiava been small, brut amount- ed ta scmethlng. Ordinarily, those who prov-e that crime does not piy provide the proof by lsridhg In jail. This criminal. never appre- hended. never identified. teaches the lesson Just as plainly by de- monstrating that the fruits of successful crime. pursued over 9. period long enough ta win a mien a wmpczcni-e in an hciiesi oiling. brought nothing but a pittance.

The nation's supply of food, and especially of vitamins ~ whatever they may be- was increased 11st. year by he piocesain-g of 500 tons o! hips, mostly gaihezcd by village women and children. A food-analyst. has put 1o me this question: ‘I! hips. why not haw?" says a writer in The Lnnd-on- Spcctator. Hips and hows so as sweetly together as. say, splck and span; and the hsw. it ls argued. ls mesiier. fuller of solid food than lhc hip; and though its inherent vitamin; may ba X. Y, Z. instead of P, Q. R, it. is cer- "lllly nutritious and rich in that. other blessed word of the day. in calories. Many years ago an econ- omlo i-plcura deplored "the wldrod wnsia involved in tho spectacle of great big snails crawling about unmolestea and uneston": and in- dced, we n ‘ ‘ o large number of animals and plants that are supplied gratis. The list might run: mushrooms. gray squirrels, dand- elion and sorrel loaves. pig nuts. acorns. nuts and a hoot of berries. While not gal-w; so fsr as the snott- lovlng epicure, I would confess that weou ht to usosaooimorsos ibd Iwiid rults, especially acorns and ,hlps. as fodder lf not as fbcd. units-fly folk such ls trig Italldu peasant (who lots store by daisies ls g salad plum oould make good the deficiency in the minty or pi; rind poultry sooner by ploklng htps end hows and lather-lag looms.

While cost of the mechanism ls v

STUDENTS"- HOSTEL

Slr.—We wish to thank Major T. B. Rogers for his letter of support gr; your lssuc of Feb. 22nd. Judging

y the indignant enquiries now coming In from all pans at the Province his letter has dam more to arouse public interest. than ours.

The unpardonisble action of tum- [n8 a minor out on the street with- out. notice and without even nail- fyling his parents. may yet prove a blessing in diqguioe. It. has oftan been said "Actions speak louder than words". This one practically spoke volumes we think.

I am, Sir. etc, SALLY M. MACKINNON Uigg - Klnrosg

APPEAL COURT QUESTION

SlFr-‘ITI o recent issue of ‘The Patriot there appeared isn editorial under the heading “For Criminal Appcalsfi Thai editorial. except for the introductory paragraph, was copied from the 'I‘oi'onl;o Tele- gram and was somewhat critical of 1h: fact that 1n Canada gener- ally and in the Province of Ontar- lo in particular no provisions were ITIIldQ for a special Crlmlnnl Ap- peal as lo found 1n Enslond. and it suggested that. at the next over- haul of the judicial structure pro- visions should be made for the settling up of such a Court. The Patriot. while copying the editorial, made no comment on it or its ap- plication to Prince Edward Island where there 1s not. only no Crimin- al Appeal Court but no proper Ap- peal Court at n11.

In tihjs Province, although it may not be commonly known. when the Supreme Court hears an ap- peal in s criminal case the judge who tried the cue 1s competent to sit and does sit upon the appeal against his own judgment. Ono can easily imagine the great difficulty which confronts an 001161151" will?" he attempt-s to convince the trial judge thisrhls considered Judgment was wrong 1n law. ,

1n clv11 cases the trial judge does not sit on an appeal from his judgment but the appeal is heard by uhe remaining judges. or. if o-ile be absent. by the Yelllflillln; 0"? who has power to reverse the judg- mcnt appealed against oven iliough the appeal Judge mils’ be junior and much less experleiiccd than t-he trial judge-sud Just this has happened in the past. Surtly 1f there is nccd for ii-nprovrriieut hr rgurd to appeals in Ontario there i; much greater need for Improve- ment In Prince Edward lsland.

The struggle for" providing sul- flciCnl. judges 1o set up an efficient. Court of Appeal has been carried on for is long time but notilimg has yet beain done to provide the rem- edy, as, the Federal Government. seamed unwilling to meet the wish- es of the Province 1n lhc niuilcr. However. last year-our guod friend Mr. McLure, 111.11, again brought. ihe matter to the attention of the Minister of Justice, Mr. St. Laur- ent, in Parliament, and Lhe Min- Lster, who 15 said to be a great lawyer. seemed to recognize the merit of the Islands claim. lie stated that if the Province would agree ta the rc-‘shuffle of the pow- ers of its judges he would be pre- p ed to recommend o. measure to Polfament which would provide the long needed Court of Appeal without adding to The present number of judges.

This is a mutter which docs not present lisolf to the people gener- ally, but those who have been 1n- volved In litigation have been long- sufferlng and-will certainly hope that. the Government of the day and the Legislature which meets next month will nci let uhc offer from Ottawa slip past.

The matter of n. Court of Appeal is a. very Important Provincial Rfght and surety Premier Jones and Dr. McMillan will soc 1a l! that. imhatever resolution or law which may be required will be passed by the Legislature at. the comlrfg ses- sion. and let Ottawa's offer be ac- cepted before it Ls wlthdriivrn.

If the Jones Government provid- es the machinery for t-hc setting up of the long-needed Appeal Court for this Province it wlll have gain- ea the acknowledgment of a great. Provincial Right and will have done more for the advancement of the administration of justice in lllls Province than has any Govern- ment in generations. and the ben- ediction of lawyers and litigants mould be irpoin its members.

I am. Sin. etc. FOR IMPROVEMENT 1N JUSTICE

BTCHING Here an the amply branch ihi: blooms a rose - More w-hlte than those that surg- mer knew. The PIcket-fenae ls“ rounded now“ The nto lIlnll wide lnto o drift Wtioee hollow holds s hlnt of blue. Across whet. once was‘ April gross The Wind's Invisible lmileo pus. Warped 12y the sun and worn by ra