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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - October 22, 1910, Lethbridge, Alberta October THE LETIIBRIDGE DAILY' HERALD Page '5 SNAP Prepare for it by leaving your order with us for Storm Sash and Storm Doors. "We will also arrange for putting on and fitting 5th Street S. Phone 763 PIONEER LUMBER CO. 13th Street N. Phone 1063 Yardi at Lethbrldge N. Lethbrldgt Taber Bow Island Milk River High River Claresholm Nanton Granum; Carmangay Barons Kipp Jet, BEAUTIFUL SHRUBS you aware of tlie large number of fine hardy Flowering Slmibs tliat are perfect- ly liardy on the prairie and will thrive there year after getting more beautiful every year? We can send yon a selection of twelve varieties, three years old, that all bloom this coming .summer and all will, be blooming at'different periods from'sprinor-un-' ._ -it' mi "ii ,til i-ali. -v The selection balls, Spireas, -Wiegelias, Syriiigas, Berberries, Snowherries, iDeutzias, suckles, etc., etc. -All two to three feet MgK, three years old, regular value This selection, all express charges pre- paid to your nearest express office at special-: price. f For 30 only of Place orders early Only per dozeii Kootenay Valley Nurseries Mirror Lake, B. C. OF LIBEL W. C. Ives Discussed Libel as it Relates to Pub- lishers of News-. 7 papers W, C. Ives addres tolfhe news paper men's convention" yesterday on tish Hag. Any -man is free to speak let me for a moment refer to that duty and to write and publish whatever he and responsibility from 'which your cnooses of another, subject only to great influence and power will not per silt you to depart. "I refer to the maintenance of the wonderful traditions that surround the British Bench. There is no insti- to tnis, that he take the consequences should a jury deeni.his words defama- tory. The "Liberty ol" the says Lord Mansfield, "consists in print ing without any. previous license, but subject .to the consequences of and Lord. Kenyon .puts it very simply wnen he says: 'A man may publish anything which.twelve of his country- men, think blamable.' "The strength.of the press today is wonderful." become a neces- sity .of our. daily-lite. Its power for good or. ill- need not be dwelt upon .wnen 'Intelligent men. "That its. unique position is fully ap- preciated is.-evidenced by the enact- ment from time to .time by legislative oodles of-, measures to conserve that position-as _ well a to retrain the abuse law of libel she'd1 on 'its very and useful li-b- this subject, the >oane of- newspaper editors and publishers. He -said: "Mr. President .and Gentleman: readlly recognize and appreciate the erty. "Every one of.these enactments is an exception of'the Common Law rule of Libel, an-d relaxes its rigour in its application- to -publishers. "The first of .the relieving acts was tutlon with lis so so glori- ous, without exception, none that has been so instrumental in laying the In- destructible foundations of our Em- pire, or that has -done more in rear- ing upon that foundation the super, structure of our civilization.. To that Bench is due the great body of our Common and our rule of con- duct in daily life.-. Out of many cus- toms prevailing in .England in -the Xiil. century, has come one unified custom, now called Common Law, and evolved by the judges through care- consistent, Impartial decrees, as -it Is often juds fa. I made law. Li-bel is a branch of it. i '1'hen let journalism insist upon a glor- ious Bench. "The principle underlying the law or disparage the reputation. of -anotli- nonor of speaking to you gentleman. but my pleasure-'is'not entirely unal- iae lirsT; Oi was er. Everv h to'have introduced by .the great Fox in 1792. hjls rjeni 10 nate H.... T Ims sood name maintained unimpaired by tWs is an-absolute one against all -the world, liven, the loycfl. 1 have two very serious rea .The first is that W have cause-for .incere -disappointment m the unavoidable absence-of .Mr. R. WESTERN HIDE AKD JUNK CO, WE BUY Arjo All kinds of Second Furniture, Ladies' and clothing. Office and Warehouse 320 Crabb St. Phone 442 P.O.Box 2013 Lethfaridge, Alta. AUCTION SALES Conducted on short notice. Sat- isfaction guaranteed. Live stock and implements a specialty. J.A. Smith, 414 "Wood St, Lethbridge, Alberta. Regular sales at J. C. Graves' Sale Barn, Wood St, on the second-and fourth Tuesday, of each month. MONTREAL MINISTERS VISITED A HOT SHOW Montreal, Oct. a view to personal experience and investigation 5, delegation of city clergy disguised as ladies, visited "Follies of the t burlesque production which one cleric later described as a hot show. The visit was engineered by Secre- tary J. R. Roberts of the Dominion Hoarseness in a child subject tc croup is a sure indication of the ap- -proach of the disease. If Chamberlain's Cough Remedy Is given at once or even after the croupy cough has appeared; It will the attack. Contains no poison. Sold by all druggists. The: Office of bi 1." ItedpathSt. Opposite Methodist Church Draying done on inert HA YAJSTD GRAIN FOB SALE PHONES: Residence Jti. Bennett, K, C., who. was to have ad- dressed you on the .subject .which you have assigned to fine, and-than whom tion which enlarged the neid privilege.and this in turn was broadened', by of -Libel Am- Our Brewmaster Says To Us: "You Jieed not hesitate to recommend ALBERTA'S PRIDE aa oue of the very finest beers on the market today. "Ihave been brewing beer for twenty years now and never be fore have I a product with which'I was so well satisfied as I am with, LETHBRHDGE beer. remarkahly fine water as this brewery uses, wkh the best barley.and'hops I. ever are enabled to produce a beer of which I-am exceedingly pro.ud." Drink Alberta's Pride If you home get a sample case..- You'll like it. We believe you'll .say .it's the best beer you ever drank.' JJJ.GJ -cLIAU W 11 tj 111 tnere is no member -of the bar, at in ,1888. This latest Im- least in this province, more able ancliPeria'1--leS'islationL being the result of qualified to treat of this or any other decisions: and a report of a legal subject; and the second is that the subject is of serious and lively import "to "the great ncofession of jour- represented by ,-this- Won, arid an address-to you .upon this branch of law should come only irom one at least, has -devoted many, of careful study.to Select Committee of the Houe of Com mons. "With us here In, Canada, .the law 'as it relates ..to. Is not uniform; except on its..criminal side. Some of tha- 'as and. I .be- lieve, British Columbia., are .without any provincial enactments, while, qth- w j Tinge of the have rVcpgnized will say is Arinnhf oti sd legislation -dealine: -.with Alliance and was unheralded so that crudities might not be softened or eliminated. MACKEREL FISHING IS FAILURE IN "HE GULF Halifax, pet. 20. Three or .the fleet of nine Americans seining for mack- erel oft" Cape Breton arrived in. Louis- and report the mackerel season ilure and the fleet is en route nome with little hope of retrieving its ill fortune. The spring and summer our a f touch even the fringe much that and -no-M'bubt has all been told" you "Candidly, gentlemen, I feel that many, if not all of' you, know more of tnis subject than I can tell you, and with equal, candour, I.confess th'at I am' talking to you with extreme tKlence. It would be much easier for me to deal with if concrete cases were presented for my opinion upon them, that to 'be called "upon to deal with the subject, generally. "After your president's telephone message, some forty-eight hours ago, and when I had recovered, somewhat from __ the realization of what I had consented, to I took .aiCiUl .IM' cannot Hope, .and _ _ !Y1 STll Iio -iri-. A l-mrl 4-1, the. posi- -pass- id legislation .dealing-.with newspaper libel. This legislation is largely cop- ied from the Imperial acts I have, re- rerred to, but in many instances omit- ting provisions to which, I believe, journalists are -entitled. I have stated.; there are two" remedies to the man who has been defamed. He. may sue in dam- ages or he may resort to the criminal courts. The object of the law in the lirst case is to compensate the man by. a money payment for the -damage! proven to have been sustained, and in the second case to punish the libeller for a crime committed, and, while, the- the London Times 'l he" humblest 'labor er in the streets. .Tflagiiiflcent justice. Of all traditions of the English Bench perhaps none is greater than it'Incor- ruptible impartiality. No" democracy. as .we commonly accept- the term, has ever equalled the basic principle which 'has 'been the guide of the', lung's Justices, that all men are equal j in the King's Court. "-Now, gentlemen, .while the very jus admire, has compelled your recognition by Bench and Parliament, and. the-trend, of legislation has been toward" more effectually securing th, e EfetMiriJge Co. Limited ewmg HONE'.554 it was man since he had started to look..up the liberty 'and -protection law, and many, of tbe minor "points he had not studied at all. Suggestion is'o. G: Any .simplifica- tion of procedure, ;so that expenses'of trial may be k-ept down and a speedy issue.., obtainable. said Mr. lvesT "should, be, and.'is; of legislation .in regard to every .branch of criroinal. or civil- ainst the 'abuse of that liberty. "No matter now big the gun, of" press, j -suggestion, .No. 7. that official court justice, ac-, documents .and "accurately reported statements roads by officers the crown, .the up quite a discussion. M. R. Jennings.. down a few the plaintiff may resort to volumes "from the shelf and com- both- remedies-- in practice courts view the second proceedings with cold menced to find out what I did not know about the libel.-Your sec- retary-treaurer. who is at present studying 'law much more than I am, also dumped a dozen volumes on mv desk said, might help me, and in glancing at any one -volume, it will commence by referring you 'to a number of others, pne can under- stand that fn a half hour I was buried beneath a collection or-heavv books My thoughts rapidly became libelloui and finally burst forth in a torrent of ravor. "And, here, gentlemen, in the in- terests of justice and public catch has also been very poor addresed to your president skippers are greatly discouraged as myself that, I believe, a jury Cape. Breton fishermen also had! of-my peers would find slanderous poor success, especially; with haml line rishing, although there always seemed plenty of cod and other fish on the Si Alberta Railway and Irrigation Co. Are offering for sal cheapest lots on tli the market "But this voluminous treatment of my subject contained In itext hooks, statutes and judgments at once prov- to me ,the serious importance of -a subject that would so engage the attention of jurists, parliaments and journalists. "Naturally, as my first object was to acquire some knowledge of the sub- ject useful to tha members of that body to whom I was to talk. I endeav- ored to confine myelf to that side of the subject of defamation In which my tiearers would have particular inter- est, that is to say. Libel. There are two chief distinctions between Libel and Slander. "false, defamatory words, if writ- Why Suffer From Piles 1 ZAM-BUK GIVES CERTAIN EASE Friction on veins (the heraorrhoid i veins) that arc swollen, inflamed and !the Restraint of seirand the expunge- man behind it Is human, and the man behind the greatest daily newspaper is as "human as John Doe. Nothing would more quickly make for a 'yel- low' press than to abolish libel. 'Criticism is lawful, but the critic must not make it a veil for personal censure.' "'Liberty of criticism must be. lowed, or we should have neither purity of taste nor of morals. Fairi____________ discussion is essentially necessary damages by a party mentioned the truth of history, and the advance- in the document.. On the_advice of ment of science. That publication, of the Kdraonton Journal, mentioned a case where a- reporter on rounds had dropped Into -.the. clerk of the courts office.in Edmonton, in the or- dinary course of his duty copied down the exact wording of the statement of claim and so forth, of a suit that hap- pened to be comraencing In the court. the same was, .published. Both the Journal and the Bulletin were mado the defendants in -libel, actions for Cure quickly, stops- coiidks, cures the throat aad lunfts 25 cents. even- day of; the Mr. .iv'es did not the sugges- tion -that -the i-writ be issued and serv- ed within thirty, instead of three mouths as -at -present Uhe man-lib- elled, said. Mr. Ives, be living in the .Yukon and not see the hbcl foi a month. Nor. did -.he altogethe-agiec wjth, or think it that it should be made to enter suit at the plncc or puolication Ihc ;iibel place in ihe town where it Is published but in ei ery place wjiere a man readt, it In con elusion, Mr Ivet, answeicd some more questions in .to the question of obtaining ol security oC costs the- obtaining ol from a Hih .Court judge an order before a -therefore, I shall never consider as a nbei, which has for Us object, not to injure the reputation of any individual but to correct misrepresentations of ract, to refute son-aistical reasoning, to expose a visclous taste in litera- ture, or to censure what Is hostile to morality.' "Under the libel law of to-day, gen- tlemen, i believe the exercise of care. jorged with blo-od. is what causes ths terrible pain and stinging and smart- Ing of piles. Zam-Buk applied at night- will be found to give ease before morn- ing. Thousands of persons have proved this. Why not be guided by the experience of others? Mr. Thomas ment of sensationalism will keep the newspaper free from libel action, and the 'editors from slander." By request. .Mr. Ives then comment- ed on a number of amendments to the libel laws suggested by the West- ern Canada Press Association in Pearson, of Prince Albert. Sask., j Detween writes: No. 1, that a distinction matter which, annears as I must thank you for ffiatter and Uat benefit I have received from the usejas edltorial in col f Last summer I suffered paper< did noc thlnfc 8 gready from I started to use ever get it. A man is libelled" as eas- ZamB.uk ana round it gave me relief, ]lly and as badlv th h so I.continued it and after using of a as ft h or four boxes I am pleased to say it; uorial columns. I writ can be prosecutecL .lie-ad- vised some of. those "who had cases mentioned on their hands to -fight them to a finish lor the benefit ot the association. For it was only T'hen the cases were threshed out.and-de- cisions given that the needed chani, es were likely to come. Belietin may win, but it will probably.' After W. .M. Davidson had "mention- three different "firms of lawyers the' Journal had settled by paying but the Bulletin is fighting it. 'The cost it a thousand dollars or .mofe. lie considered the clause under dis- cussion a. most vital one. Mr. Ives replied, that ,the .Knglish law provides that reports of proceed- ings of legal courts, and most, emphat- ically the clerk of the court's office comes unaer ihis head, miblie nieer- t'it of fees, and one or two others "had ings, and so are privileged. I spoken briefly, Mr. ,T. H. Woods mov- That undoubtedly in forcf.- ed a hearty vote of thanks to Mr. Ives ed his opinion that one of the rea- sons libe! suits were so lew in Alberta was because there-are .in the .provr ince practically none of the" "shyster1- lawyers that used to infest. Ontario: and .urge parties to commence -libel suits that, they might 'reap- the -b'ene- flere at one it was in force in England in 3S7e. J. H. Woods declared that in (his for his most helpful remarks. ...The cnairma'n added a few words' along the same line, and then put the motion regard his papers broke the libel lav; J wnich was carried "with loud applause. THE FASTIDIOUS MAN'S WHISKY" H has effected a complete cure." Mr. G. A. Dut'resne, -183-135 St. Joseph Street, St. Koch. Quebec, P.Q.. "I can highly recommend Zamm-Buk to everyone who suffers from piles." Magistrate Sanford, of "I "Wesion. suggestion No. that some reason- able facility in getting- security for costs be provided. "You should get Mr. Ivc3' comment. "It is prov- ided for, in fact, in the English he continued. Suggestion No. 3 was that where King's Co., N. S.. says: "I suffered! fun retraction is made, h eac situated north of the track The Alberta Ry. and Irrigation Co. j. ong from itching piles, but Zam-Buk j traction shall be taken as a full de- has now cured me." rence. unless plaintiff can show act- Mr. William Kenty, of Upper Ninejnai damage, or real malice "Retrac- Mile River, Hants Co., N.S., says: "ijtion." said Ive5, "is today consid- ration nf rinmnoot: it! the painjered in mitigation of damages. It s _. __v. _ _ __ ten and published, constitute a libel: it" spoken, a slander. Libel also is a crime, Din, slander of a private individ- ,ual is Publication of a libel ___ ___ 'makes it, a crime, and actionable, but j suffered terribly until publication it is neither: anrtja't times being almost unbearable. I j would not, perhaps, be altogether fair! 'publication of a libel is communicat-'tried various ointments, but every-j to make it full defence, as" the darn- ing the defamatory words to a person thing 1 tried failed to do me is clone when the libel is publish- oUier than the person defamed. slightest good. I was tired of trying; eel, and the retraction may not be seen 'In cases of libel, any words wiii be i Carious remedies, when I heard ot jor noticed by half the people that had deemed UcKimatory, which appreciab-1Zam-Buk, and 'thought as a last the libel. In regard to actual iy Injure the reputation of smother, "sort I would this balm a trial j damages, a judge today onlv which maUc men think worse of him! I procured a supply and commenced j award actual damages as were After a effected verj what and inedi- or which hold him up to ridicule or l'with the treatment, j contempt. B'H 3 libel may be the re-i short time Zam-Buk J of some act such a.s burning J several other oimmems l a man in effigy, or by cartoon. icines had failed to do- "Since the passing ol" Fox's [Act in in the reign of George! Zam-Buk is also a sure cure for skit) the liberty of the press has srown [injuries and diseases, eczema, ulcers. proven. Suggostlon No. very with that rapidly indeed, the conditions elate, and even when compared i varicose veins, cuts, burns, bruises, existing before chaps, colci sores, etc. 50c box al: at time in i druggists and stores, or post free from of the foreign countries. Today! Zam-Buk Co., for price. Re- have no censorship under the Brl-'fuse harmiul imitations. 4, that the jury be empowered -to bring in a verdict aw- complete jaramg damages, if such .be proved, but winch need not carry costs. Mr! Ives thought there was no need of urg- ing, this, as the matter of costs is at present lett to the discretion of the Judge, at least that he He here remarked that is the whisky of the fastidious man. Follow his unerring judgment. Try this famous whisky yourself; but first pur sway all preconceived notions of what is best. Judge it by the infallible test of comparison. The aroms is an irresistible invitation to taste. And the flavor is a delectable treat for an appreciative delicate snd velvet smooth. Corby's "Special Selected" is a super- latively fine whisky, thoroughly matured. believed so. he did not On sa.'c everywhere. Try H. Corby Distillery Company Limited 5S want, 'to be quoted too fully on some! of the opinions he was etcprcsing, for i Head Offices Montreal. "Corby's of Corbyviile for Over Kalf-z-Centurv" ;