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Lethbridge Herald Newspaper Archives

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Lethbridge Herald (Newspaper) - July 18, 1918, Lethbridge, Alberta THURSDAY, .TULY 18,1918 TkE LETITBniDGE DAILY HERALD PAGE FIVE Habeas Corpus Arguments len in Highest Courl in Canada; Eastern Case Ottawa, .Tuly 18.-ArRumenl oponcd In tlio supremo court tlilH mornlnK on tho hnboiiH corpiia cam Ih to provo tho validity ot tho order-ln-ooun-cU cancuUlng oxomptlons. It whh one of thu raro occaslona on whicli tlia eiiinll court room was flUod. lion. Charlea Murphy and S. W. JacobH, oppoaltloii monibcra ot tho Iioune, worn scaled In court. Noar thnm was R. B. Bennett, o.t-M.P., and former dl-roctor ol National Service, who took tho case boforo tho Alberta Muprnnv3 court which led to tho ruling that tho court doclnring tho ordpr-in-coiintll Invalid. Tho caHP will ho hoard by tho supremo court bench, 3lr Charles f'ltzpatrick, clilct justice, proaUled. High-grade American Dentiatry-without Pain*-Whynot? IJNLESS in a ctiso of emorg-oncy, uo major surRlcnl oi)or-ntlon la today porfornied without the uao of nn anaoHthotlc which blissfully rondors tliQ. patient obllvloua to pain.- And so in our practice do wo Ruarantoo tho patlont freedom from pain, done la the awful ordeal of Jiavlng a tooth pulled. And tho beauty ot looaf nnaos-. thoaia In dentistry Is that thoro is no danger, tho vathnt Is not unconacioiiB, hut pain is .ibsont. Painless methods are common to others In our profession, hut our particular study of the tiuos-tion coupled with our early Amonlican training and long years ot experience permit us to say with confiflenco, ientislry As We Practise It Is a Gentle Art. Drs. Bruner, Richards & Nelson High Grade American Dentistry PHONE 363 Otl Elk., 4 Doors from Lethbridge Hotel, LETHBRIDGE, ALBERTA CALGARY OFFICE-115A EIGHTH AVENUE E. EDMONTON OFFICE-3 CRISTALL BLOCK. THE SIR ALEXANDER GALT CHAPTER AND .MA-JOR JACK ROSS CHAPTER I. 0. D. E. WILL HOLD DURING STAMPEDE WEEK FOR FRENCH RELIEF; SERBIAN AND MONTENEGRIN RELIEF; SOLDIERS' COMFORTS "GOD SAVE THE KING" GROCERY NEWS Phone 1766 SPECIALS FOR FRIDAY AND SATURDAY PLEASE NOTE THESE PRICE* ARE FOR CASH ONLY, BUT WE DELIVER THEM FREE '.ALTHOUGH NO ORDER OELIVER-,E0 FOR LESS THAN $2,00. Chicken Haddle, per tin ., .?5c Krunibleo, packaoa ....... IQo Herrings, In tomato sauce, por larae tin...............25c Swift** Jewel Shortening, per 6 lb. tins .............. $1.43 Lard, Swifts or Sweet Clover, per 5 lb. tin............ $1.76 Lard, per 3 lb. tina...... �1.03 Fruit Jars, Perfect Seal, quarto, per dozen ............ $1.40 Our Own Specini Blend Tea, Special, 3 lbs. ........ $1.40 .Gold Soap and SunllQht, 7 bars for ..................... SOg Preserved Strawberrlft-i, per 2 lb. tin.................. 3Eo Roger's Golden Syrup, per 2 lb. tin ..i^............ 2So Ladles' White Waists. ReQular $1.S5. Special .......... ?1.50 Ladles' Silk Waists. Reeular $2.25. Speolnl......... $1.65 Children's White Hose. Slzo..7 and 8. Pair............. 40c Family Sodas In 6 lb. Card Board Box, McCormack'a Brapd. Special, per box $1.00 230 THIRTEENTH STREET NORTH RETAIL GROCERY LICENSE N6. 8-3071. With him o;; llin hone)) wore .TustlRbs Sir Louis 11. DavloH and .1. Darlington D\i(r. Tho pclUlonor for a writ of habeas corpn.'i was Oeorno Edward Oroy, ot Nlpisflhu!, who waa ropresent-od by fi. (!. Uohlnson, of Toronio, with F. If. Chryslor, K.C, of Ottawa, and Almo Oool'rlon, K.C, of Montreal, as counsel. Tho doiiartuionl ot justice was roprosnnted liy !�;. L. Nowcombo, K.C, deputy minister of justice, with W. N. TlUoy, K.C, ot Toronto aa counsel. Mr. Grey Is .senkinR Ihrough hia counsel to socnro his reloaso from the militia by the way of writ of liaheas corpus. He Is a farmer and comes within the age of class one, wlioao exemption was cancelled by tho order-ln-councli, called Into fiiiostion. lie is In military detention fur rciir'iiig to don a unirorm at XiaKara Camp, and for decKninc to he iiioctilritfKl. On his bo-l)n)f, it is argued that the order-in-council under which ho was dratted, is invalid. At the opening of the i)ro.;oodinga, the chief jiislico intimated tliat tl'e court Intended to hear two counsel on each fslde. Mr. Chrysler said the prooccdings wore b'rouRhl imdur Order 0:; of tho Suprema C:ourt Act. lie reforrcd to tho application made before .lustice banKlIn, In duimhors on tlio 12th and roterrnd to the full bench. Private Grey, lie said, - was now awaitiUK sentence, having been tried by court martial for tho offense ot rofuslng to ohc.v order;-!. Tho point raised wan li\at he was n fjoldier under tho order-in-couucll and the or-der-in-councll v,-as chhllcngod. Jurisdiction. . .Justice nt'odear raiaod the question ot jurisdiction. "Have wo jurisdiction la this matter" he asked. "Is it a criminal matter?" Mr. Chrysler: "We say that it is. In the first plivco it io a criminal matter because tlio man is liable to punishment or tine under the Imperial Army Act, which has been made part of our statutory law ))y tii.c Military Act and by the Military Service Act," Mr. Newcomljt: "The army act makes this oricnso with wlilcli Grey -i.s charKcd liable to penal servitude. There Is no doubt it is a criminal offence." Sir Charles Fitzpatrick: "if it were the Alberta case, the situation lulRht be entirely different." Mr. Newnombe concurred. Proceeding, Mr. Chrysler road the torniH of tlie order-in-councii and tlio rosolntioii.s of the house of commons approving it.; it was i)assed subject to approval by both houses. Sir Louis Davios: "Tho ordor-in-cnuncll did not come into force un--l til after a resolution had been passed by tho two houses." Mr. Chrysler: "It seems to provide FOIGIH  ULLIEDOillS mm mil American Guns Mow Down Resisting Forces, unci Drive Progresses Paris, July ir.~(3.50 p.mO - Unofficial news from the zone of the French offensive oince tha communication v/as issued by the War Office today sliows that success for the Entente allies is continuing. The otficirl communication was written in a most conservative vein. London, July 18.-In fighting north of the Marnc the Italians have taken again the vlllaQO of Clalriiet, two milt? northeast of Bligny, the advices .-irid. American Army in I'runce, July 18. the order In council. Mr. Chrysler: "Ye:." Sir Charles Pitziiuii'l;: "With emphasis on the word ';!:";per'." Mr. Justice AnKliii: 'it i;i purely a question of-quotation " Mr. Chrysler: "Purely that," Aimc Gcoffrlon anni -I'robahly t'lo most Htubborn rcsi^:!-anco to the allied dnf.-nr,' dovelopcd in the region west of cliaaiUm. whlcli Is ')Vj mllc:i sduthv, ci-i of St)Is:ions. The. Ainorlcnnf; and Kroncli fi;jht-ing side by side, howevi'.r. rcfiiniiii to bo checkeil. Tho Arueric:ia inneliino guns mowed the i;n''i!iv inid lli'.!!i our troops wont on. Thi' tii;htin(; HtUl continued in this region ibl.-i afternoon and sooins likely to beeonie hep.vicr when the German re.noi-vcH arrive. In tho region of Sidssons, where-1110 attack was eapeoially .'ini-ce.sstMl, flii' .\merioans carried ev(;ryth]iii-; before them by storm. lOarly thin iif,l( : iiuim tlloy hud pasHeil Uu'ir final luinwn olj-jectlv^. From tlie M\i.n\v\ to tlu^ iliird objective, they swept Ixdiiiid a tliird barrage. Tho resistance to the south was en-pecliilly vieiouH. .\t ^ionle plaensi tli'! American ndv.-infhiK troo]i:-i wr^rc hold up, but only temporarily, Tho lowuH of Torey ami (livery and (lie Civery "\Vo')il v,c-;-o tiilien by the Americans in tliolr advanee. A Surprise. London, July IS,-'J'lie i-'roncli'Tnovo this mnrnln!.,' appeareil to have been a surprise to tin.' ('le.-jiiaii;. The manner in wliieli (lil,4 snrprifo was accomplished n\ay he besl judged from tho map, wlilch ,�lir,WH a s^reat area of forest coverln;; the ground belilnd (ho I<'rcuch linos. I'nder <'ovi'r of th.s forest General I'"o(di has been projiar-ing for some time for tlio present movement. AT THE MA.rESTIC Oliver Mornsco'a famous success, (ha comedy of youth, "Peg O' My Heart," will he the attraction at the Majestic on Tuesday and Wednesday of next I tliat aa the i week as a'.special .stnmpcilo week at- order in council anieuded the Military j traction. Tho onormoUH success of Service Act and tliai tlie Militi.-. Act'this play is undoiibludly due to its In vital respects, if eoiil.I only be up ' cl(!anlinoss and the ab.-;cnce of all held on the contention that, the War | dirscusslon of social sins, and the ever-Measures Act con:irn-ci full executive | lasting arguments of capital and la-power on the governor in council. | [jor. It is a complete snsiienslon of the constitution," Mr. C.eolirion v.'ont on. "Peg" is-a selfish little human being with a child's naive \vay<-; and a child's on life, SiiB is "It is a complete depr.nure from the \ innocent o .(look rulo that parliamMii uKikes the law.s " i ,,.o,j,,;t After luncheon I'.. liennett, K.C, | i,,^,,,^^, l,y iier father, and is trans-Calgary, occupied a j^eat, with counsel for the "applicant. Mr. Geotfrion cniitinned to argne i'''Y"V'," . ,,,,,,,.,,,, that if parliamem had intended to ^olatuLs in lMi,land. delegate all Its pov.ors to the governor general in coinicil. ii would have done ao in short and siinide language such n.s "tho governor general in council shall have all legislative powers to, etc." Sir Charle.q Fitzpatrick; "Where is the difference?" Mr. Geoffrion: "There is a tremendous difference." Mr. Geoffrion went on' to assert that the power contained in (ho War Measures Act In this instance is found in tho words "to make" from time to time, in orders and regulations. The j word "orders," he said, does not ex that it_ shall come into force ^wheu ap-i -* any Te^isi^ i^; powe s to proved by a resolutmn of both houses ^...^^.^^ .<,.e-uiation " of parli.annmt." _ "ThorefoTe, ^le iUKued. there had not Sir Louis navies: "Therefore. t y^^^^ ^ f,,l g,r,,, ,{ i,,f,Mslalive powers did not come into force until after it was approved by the houses of parliament." Was Adopted. .Mr. Chrysler. "It v.-as approved by resolution and adopted the next day." I'aragraidi five of the order-ln-council, Mr. (Chrysler went on, was tho provision Bpeclally called into question. Sir Charles Fitznatrick asked Mr. Chrysler if he maintained that Grey j ulation. to the governor ivrieral in council. It had never l", n maintained in England and said, ihat the Defense ot tho Realm Act. passed in 11)14, koc.'? as far as is clai:a:d in respect ot the AVar .Measures .'w;. Mr. Justice Duff asked Mr. Geoffrion what distinction he w'cnild make between regulations and the power to make laws. If was a cowmoji thin,--'; be .said, to make law by means of reg- it the pov.-er fo make law is excluded, then what power is given?" ho asked. Mr. Geoffrion repeated that the word as used does not represent the power to amend or appeal an act ot parliament. 0 At Rock Creek, B. C. Friday & Saturday July 25th and 27th, 1918 250 Head of Horses, 1009 to 1500 lbs. 100 Head of Cattle. WRITE CHARLES KING, Auctioneer Greenwood, B. C. RED CROSS had acciuired a riglit to exemption which was denied to liiin by the or-der-in-council of April liO. .Mr. Chrysler: "Yes." Sir Charles: "You maintain that the order-in-councU repealed tho statute?" "Yes.' "And that the government had not the power to do this?" "Yes." "Tiiat la your whole case, la it not?" "I maintain," replied Mr. Chrysler, "that the order-in-conncil takes away not only the potential but tho actual right of exemption." Replying to a further question by tho cliiet justice, Mr. Chrysler said that the power of parliament itself was not quostionod. The question at issue was tho eftoctiveneas ot the or-der-ln-council. Powers From Act. Tlio chief justice suggested that tho govornment took its powers from the Military Service Act but. with this tmz-gestlon .Mr. Chrysler did not agree. Mr. Chrysler thon dealt at length with tho War Measures Act.- Mr. Chrysler quoted tho clause of tho War Moasures Act giving tho govern-' nient authority to issue orders deemed necessary for tho security of tho poace and defonso of Canada in tho event ot invasion or threatened insurrection. He raalntnlnod that the government's powers wore lifted in a large measuro to tho specific subjects mentioned. air Louis DaviesSpuggested that the limitation was on tho punishment and not ou tho power to punish. Mr. Chrysler said that thoro was nothing in tho act referring to tho arming and equipping of nrllitary torcoa. I-I's presumed that tlio government at that tlmo intended to exorcise such powers as it possessod^'undor the Militia Act. Under that act it would not haver boon possible to secure forces by compulsion for ovorsous service. Tho govorninent ,had power to on-forco compulsory Service. Sir Louis Davloa observed that the dotence ot Canada might be consider-od to be in tho State of Maine, in Northern France or olsewhore. Mr. Chrysler agreed Insofar ns the reference to the State of Miiino was ooncernod, but argued that in l6l4, tho power did not exist to send soldiers ovoraeaa. Sir Louis Davlos: "Does It make any difference whoro the line ot do-fence is? I cannot, for tlio life of me, see any reasonable limitation you can place on the plenary powers taken under the War Measures Act." Not Sent Abroad Mr. Chrysler replied that there could he sent abroad for the aid of. the motlior country but not for the dofonsu ot Cnnnda, a military force. Mr. Chrysler said ho would not havo tin'io to quote the judgment given'by the Bupromo court of Alberta, but that HO far as it applied to this caso.he would mako It a part of lila argiimont Mr. Justice AngUn jiskqd Mr. Cljrys-lor it ho maintained that und^v^nfapor construction, tho languagbr'dr-#o, , clause of tjio War Mea.sures ^ In-! ""THE LATb LAMENTED" .volvod la not broaa .euoueli .TWO REEL KEYSTONE COMEDY; planted from a liuiiible luune to the palatial rosidence of Iter aristocratic Her siiaiile ap pearanco shocks her liritisli cousins and aunt, and her unfainlliarity with the v,ays ot the aristocratic family, leads to numerous comical sitnationH. The play is brimful of clever wit and humor interwoven with an exquisite thread of love and afiection. Tlie cast is one of sterling quality, and includes P.elva .Morrell, generally recog-ni::ed as the greatest of all "Pegs." AT THE ORPHEUIVr' The feature "A Wife With a Past." will be shown again at the Orplieum tonight. On Friday and Saturday the feature will bo "Wild Women." AT STARLAN'O The popular feminine impersonator, Julian Eltin!;e, is