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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - June 24, 1912, Lethbridge, Alberta Page 4. THE LETHBRIDGE DAILY HER ALP June 24, LETHBRIDGE DAILY HERAtD ,_ publlihul by..Th. LHhbrldn H.rnli Co., Ltd.. liwlul tVfnlnf >t II. tmt., ttntt, Altorta; 1UCHANAN rianielna Director T. W. 8UAYLE r Irflior PHONIC 1224 JOHN TORNANCC, Jok 1252 DAILY moni 1 month IMO addreMW muit DAILY HtKALD F9R Crow t Mrtlclm Hat-L. M. NortHam. 1 Boole Stow: J. G. Grapbraak, t Co.: Co.; AtchtMori: uiin Hot.1: -People1; L. lUtnecka- W Dlamoni-.Cttj-rPlamonr; City aCo" Hamilton. "g- Plnehsr J. Conpaay. D. L. A Brown. A jimlatoit News Company. Co.. 785 Avenue. FirnH BiaL ill 0. R. Tnlni and contains i THE WEEKLY HERAI 'publUlnd Wedm-day In or more >nd conu summary of the news of the week, local tuid district 1 rear In advance ........It.50 months iii advance .......50( 6 months In advance .......75c. _ ,f Goodbye to Taift THE REPUBLICAN PARTY is on the rocks. Unless the Demo- cratic, party makes R worse "botch of its convention, William How- ard Taft will s" down'to an ignoailn- ious defeat, deserves it. As president he has been a complete failure. His nomination is not from the people hut from the party ma- chine. Theodore Roosevelt was, the nominee of the people, and in face of.the voice of the peopJe expressed at tho primaries" in -his -favor, the wfllcfi "dominated tho' con- vention, selected as 'the nominee ..a discredited 'man. If there is any Tie should refuse to accept a- stoleu. nomination, for that is what was tendered him on Satur- day tuiayjform a third party but tneither the Republicans or the progressives under the leader ship; of.-such an aggressive maa as Roosevelt "can hope to'win. The De- mocrats if they are wise enough to nominate Bryan will s'weep the coun- ia-fcoining to the Repub- Jis.. -They'hive stolen a nomiua- tion-frbm a man chosen 'by tho peo- ple, and'.itie people will whack Taft and his running'mate, Sherman. The State, the Church and Vrae Preis) Tile decision of the Supremo Court In for luck of u more concise and 'convenient wiiy of referdnjf to ll.'hiiht come to lie known KB the No (lueatloii strpporia tho hope Temere that (be courts may remove, this :dan- serous dlspnte from the political is- sues of the day, The' reference to the Supreme Court at Otta'wn 'was divided into "tliree questions 'the sec- ond of which was subdivided !into two. Five of the Supreme Court celobruted Hie Chief Juitlce points out Hint, In hla opinion li no appeal from a'Quebec court'to'ilie Supremo Court at Ottawa In any such cane. That Is to say. the appeal would be direct to Privy Council In London. To part (b) the Chief Justice "No." 'The four-other judges giro .am- both pans of Question 11. Sir l.ouli Uavles, Mr. 'Justice Idlng- ton and Mr. Duff wnawer "No" to both (a) and That Ihcy declare that, to quote the words In which Mr. Justice Duff sots forth con- cisely the conclusion in whlc'J the three judges named aro'of ono mind: A Good Scheme IT IS WELL to see the immigratio policj of T.MG c'imiitry helped In measure i-y tlic efforts-of. in .tiividuals and- corporations. gards the latter, we have the read; made farm project of the1. Canadla Pacific Hailwav and on lome similar lines there is the scheme1 as sociated with ".the name of the Duk of Sutherland, The latter is formin for selling British 1m migrants ready-made farms, the pur chase to be1 effected by a term pay I ment made in rent. The scheme may be said to f added link in the relations of interes 1 existing between the Dominion ana the Motherland. The'division of labor in .the institution of two boards, one of, the other of selec tioii, to have th-sir duties respectively in Canada, and in London, is well thought out. It is an apportioning'of labors to those best qualified to carry on the same -The to take the descrip- tive title erf the Imperial Colonization Corporation Canada. Its scope Js not altogether altruistic, nor entirely philanthropic, but this is more In its favor than otherwise. Once let Its projects be regarded as charitable, litien its aims must be destroyed. In respect the company la showing an endeavor to benefit both itself and ihose who accept-the facilities it of- fers. It is altogether a. good business scheme, and the limitation of, profit to six per cent.-removes it from-any. slnuation as .to being a strictly com- .mercial enterprise. When the idea was inaugurated by ,the'DuliV there were those" who, through 'possibly not being entirely conversant with its scope, prophesied its failure Thej n.ere led to the belief from thinking that the Duke a holdings Were fo- tenants onh and, that in a land where freehold was more th-e rule the 'exception, the farmers who Judges listened to the argument by learned wliJch. Continued for days: and hi setting forth Yheir con- clusions, the: sum total of which is the judgment of tlia; court, the judges have written 'statements run- ning to many thousands of words. The sixth -member the tribunal. Mr. Justice Brodeiiry'took no part' in the case, for the reason that -he; had, as a public man; before taking a place en the Supreme Court -bench. 'declar- ed his opinion that 'the par- liament has no povvei" under the Drit- Ish Xorfh America Act to Intervene and override 'the jurisdiction1 and au- thority of the- Provincial legislatures n regard to tho law of marriages. This is the taken unanimously by the five judges who have-pronounc- ed judgment Wifh this, however, the inanimity'of 'the Supreme Court ends. The above-noted -opinion, in which lie Suprem-o Court judges are iman- mous. is precisely .the opinion, which Allen Ayleswonh. as- Minister of ustice, declared in his place In the louse at OttflAva in the last session f iate parliament, and for which, mi be mentioned Incidentally he ud the government in which he 'was minister, was 'vehemently assailed n the Dominion general election cam- paign of last fall. It is precisely the opinion which has been ghen expres- sion to in the present parliament by Mr. Doherty, the present Minister of Justice, by 'Bofden. the Prime Minister, by Sir Wilfrid "Laiirler again and bj other mcjn of legal light and leading. That 'so many eminent law- yers should be.' unanimous', as the Su- preme Court, is unanimous. In declaring the "Dominion Parliament. powerless in regard to marriage, over which the Provincial- Legislatures have the supreme jurisdiction and .au- would appear to indicate that such Is the correct interpretation of the British North America -Act." It creates an assumption that the Privy Council in London, which is to pro- nounce, finally upon the whole matter will tak@ the -same view, Questions I and III of the refer- ence to the Supreme Court ere tenants soon relinquish tne constitutional status of their holdings fo avail themfi-elves oi the opportunities: of becoming o'wu ers -Tuere agim thoDe nno iuT a prejudice common. saw in the acquisition'of acres by a member of the British anstoc racy ,a .-jueans feudal tenure in this coaatn HappiU both surmises proved, io fie nrong What aee is an erainend> useful pradaoal project tor innginj? into Canada a good class of agriculturists who out some- such scheme, would never our shores. Prelimin- ary, difficulties which face immigrants are done ana> and the path men to, better their ondHions The ultimate possession of their -farms' will form an incentive to on them to do-their The managing and electing boards will serve the best, tfrpos.e. iff '-'guaranteeing good work nd good material. Altogether such cheiuee are to toe welcomed. The} re "decided .rasiets in a -beneficial and uelness-iike form of immigration pol miuion Parliament, in regard to which the Supreme Coiirtjudgeif, as already noted, arc unanimous. Interest cen- tres, upon' their, attitudes towards asked them to interpret-the, existing law in Quebec. It is ;as follows; "II. Does thfc-4aw' of the Province of Quebec render null and void, un- Is opinion that except in cases where there is some specific statutory roairiction a Protestant min- is re r competent to celebrate marriage by reason of-being [authorized to keep a. register of acts of civil status, has, when acting, pursuant to such license (meaning a license under the laws-bf tho authority to solemnise matrimony between two persons Jaw- fully capable of cbntrncUrig marriage, and that this authority is'not hi any way-restricted reason of the religious faith of iuo ecclesiastical affiliations of such persons." 'Justice Anglih dissents1 from Sir Louis Mr. Justice Idington and -Mr. Justice -Duff in their answer :o part (a) of Question II., but, like the Chief Jus-lice, agreed with them In regard to'part It Is in regard to psrt Question; II. that the Supreme Court is divided. The three questions submitted to the Supreme Court, and thus answer- ed, by 'that tribunal, now go across the Atlantic to be answered by tho judicial committee of the Imperial Privy Council, the final tribunal for the Empire. Three of the. five judges of the Supreme Court at. Ottawa 'who heard the questions .argued have tak- en 'the ground token with Judge.Char. bonneau in the Hebert case, if'the Privy Council Decision confirms-the Supreme Court the whole matter will be disposed of. That Is to say, in as in all other provinces, a man of any religioug de- nomination, or of no. religious denom- ination, and a woman of any religious denomination, or of ho religious de- nomination, desiring to be married and lawfully capable of contracting marriage, who have the ceremony performed by any person competent to celebrate .marriage in that prov- ince by being authorized to keep, a. regJster .of acts of civil status, shall be, niarried. Such a decision will effectually upset the arrogant assumption which the Roman Catholic, ecclesiastical auth- orities in Quebec have been main- taining and acting upon. It is not necessary, to speculate now upon what consequences If the Privy Council should take the narrower view.and sustain the-, con- tentions of the Roman. Catholic Church authorities in Quebec. This is a bridge 1'hich need, not be .cross- ed until reached. to be in the event of such-a judgment by, the court, of the highest resort, the duty will volve upon the people of' Quebec of bringing the marriaga la'w of .their province up from the outdated condi- less contracted befoie a Roman Cuth- tion in ,nlch such a decl6lon a nwrl.g. that would declare it to be to the lelel oJ the otherwise be legaitv binding takes place in (a) be tween' persons (ire'bbth Roman Catholics or (b) OUR POINT OF VIEW .Teddy. Jloosevelt was. given a raw Tiift .will bo nominated, ill Mr. Taft be elected. A house divided against itself will fall. ibe Republican take a tumble in November. parly How long will It be before some party is calling primaries In Can- Hda? Duncan -Marshall has many critics butvhe keeps right on building np his dcnartmunt. Roosevelt'carried the primaries, but Taft carried the national committee and instance the committee ivas greater tlian the people. Those predictions of another shortage do. not make good reading for the farmers and business men of Alberta: License Inspector Former is right. There ia no reason why the police and license department should not work together. The Board of Trade should make a special effort Jo 'entertain the farm- era excursions this summer. It is .1 proud for any city to'he ahlo to. say that II is popular with the .Those..prayers; with which the Chi- cagq convention was opened daily didn't saeni; to ascend much higher than tlie rafters. If Premier Sifton wants to make Lethbfidge and: Southern Alberta happy- all he has to do is to plant 3. fine 'modern land 'titles building right here in Lethbridge. The immense amount of outside money being invested in Alberta is the best proof of the future of the province, and in that future bridge.Is going to share in a gener- ous measure. Whatever may be the arguments for' and 'segregated areas, there is demoralizing in the suggestion that one part of a city should be'set apart as immune from law.- The Republican convention at Chi- cago is not designed Io make people of other nations cheer for that par- ticular method of selecting a candi- date to become the head of a great nation. The farmers of Southern Alberta arc showing a deeper interest in sheep growing and no more potent argument could be used than to' huotc the big profits made by the men who have followed the Industry with one of whom -only Cath- olicV That is to sat the Supreme Court was asked to declare whether the lav of the land upholds the conten- tion of the Roman-, Catholic church in Quebec that members of that com- munion (including, in ..that descrip- tion individuals who at an} time of their. lUes if onl> as infants, nore Roman Catholics.. but. who afterwardi departed tromjthat.. communion) must in order to be legallv married go before the cure of the parish in which both, or one of the contracting par- ties reside, and have the performed by him The Chief Justice, Right Hon Sir Charles Fitzpatrick; declined-, to ans- wer part (a) of the question, setting forth several reasons for so ing. Brieflj he does not see the ad- visability of the Supreme Court an- swering the -question, which is now at issue before' the highest-court in Quebec the appeal from the de- cision' of Judge. -Charbonneau in 'thoj marriage law in all'the other inces. There is one factor in the problem which, is beyond the reach of..the law, as has been shown by the ex- traordinary cases in Ontario, of fam- ilies .broken up by one of the -parties being brought, under pressure of re- ligious ah awakening of "conscience" and the view .that' the marriage, though letai, is sinful in the sight of God. As the result of a Protestant husband m Ontario to get hia child away.from tha.R.pman. Cath- olic wife, who