» , nun," said Mr. Tilley. 16 PAGES ¥ PAGES 18 YEAR 85: NO 226 HAD ARSHBISH) THE AUTHORITY; Over the Sisters of Charity of the House of Providence ? MR. THLEY'S CONTENTION IS THAT THE ARCHBISHOP HAD FULL POWER. Held That Submitted Chief Justice Meredith thd Evidence So Far Did Not Show This. Toronto, Sept. 28. The question of Archbishop Spratt's relation and authority over the Sisters of Charity at Kingston was gone into thoroughly at yesterday afternoon session of the Divisional Court at Osgoode Hall, when W. K.C., took mp the defence in the ap- | peal of the Archbishop against the | judgment of the trial judge in the action brought by Sister Mary Basi] Mr. Tilley sought show that the Archbishop, as head of t! diocese, was the first in authority, the next below him being the Moth- er General, and below her the Mother Superior of the community of which Sister Basil was a mem-; ber. He sought to establish contention that neither the Mother Superior nor the Mother General | would have taken upon themselves | the authority of removing Sister Basil from Kingston. | Chief Justice Meredith was | pafently of the opinion that | was nothing to show that the A: bishop had authority. He pointed to the charter of the eommunity, which does pot specifically men- tion the Archbishop. Mr. Tilley contended that established, there was nothing to prevent the members agreeing up- on any regulation they desired. They took vows of obedience, poverty and chastity. The vow of obedience required them to submit to the orders of the Pontiff at Rome, and their syperiors, whether disagreeable or contrary to their own judgment. w | | to tne | | } { | once Under Orders. "The sisters who took part in ahis attempted abduction justified their action by saying they were acting aunder orders," said Mr. Tiley. Chief Justice Meredith--"In oth- er words, if they had been told to cut Sister Basil's throat, they would be expected to do it?" Mr. Tilley--""Yes." Mr. MdCarthy--"That have been sinful." Mr. Milley--'"This was not." hes Chief Justice still maintain- ed that there was no evidence yet submitted to show that the sisters must obey the Archbishop. "His concurrence was necessary to the dismissal of a sister, or her removal from the diocese," replied Mr. Tilley. t : "The members of the community were bound by the charter, and could not make any changes in it, unless the canon law is part of their constitution. If the Archbishop at- | tempted to exercise any power not provided for in the charter, I sup- pose any member could apply for an Injunction to restrain him? Could he advance, as justification, the plea that he had power under the canon law?" Mr. Tilley still maintained that the members of the - community were bound by the regulations pf the order. "In the Order's minute book you will see many entries of grants or reprisals of the Archbishop of per- mission to take a Sister to another diocese," sald Mn Tilley. wold ol » Thinks. Sisters, Liable. "I'he bishop is the first superior of all such 'communities, which have never seught or secured authorization of the Holy See, and it is ag a member of such a com- munity that Sister Mary Basil was subject so directly to the bishop and was properly called a 'diocesan' Proceeding to discuss whether, according to the Order's constitu- tion, the Archbishop was a neces- sary -onsenting 'party to such Order, Mr. Tilley sald, "the Mot} Superior would never act in such a matter withaut, the Archbishop. "Supposing she was insane," sug- gested the Chief Justice. "There is no question as to her mentality," 'responded' Mr. Tilley. "In & crowded and impressive court room. she 'wits examined at great pi iG CONTENTS eal py Authoriiy: May Mate Turks: Aliled At- ts ricans. To 8 Amel . ¢ Neen: Pcidonts of 3--Soctul News; Local Bvents. 4 Ruymas. 5 oh air: Lo- Big Fair: trical ves World; The wier Natural te--Socisl News: The Wife: ties of W Actiph ree) 2 { had | that fou | Kilied: and not far "Body was buried, "length and was t} man wit ness there." "You are tion. respon iE 3 A its council a r members?' aske Mr. Tilley a "You seek to ligble as members which passed moval and & ing . the remova | Magee 'Yes," sai turned again to part, reading admissions tha hand of the 7p policeman and Montreal." RUSSIA IS UNITING rganiza arrang M1 ley ie then fron natior t e 3 before in For The Overthrow of Traitors. | Washington | chaos which | since the overt} Government by {is emerging 'a | which officials Sept existed OW Of the -Bolshe central and has in » Kerensky er and re the common enemy, Official information Russian Embassy pan-Russion conference European which gnized Provi ernments opposing t including the Siberian constituted s the dawful authority for all Rus A This committe will be responsi 1 the Constituent Assembly of all Russia, which will convene on January 1, provided 250 members at- tend new ngnt against reached today that at has Russia, been the fonal Bolsheviki, by Government CONSUL. coeds ( kK France in FRENCH ' sue as ive of Montreal KEEP WIFE; IGNORE-KING, Crown Prince of Rumania May Re- nounce Claim to Throne, Amsterdam, +n answer to pleas that he desert his bride of humble birth, Crown Prince Charles of Roumania has replied that thrones are unstable nowadays he preferred the certainty of having the wife he wanted to the chance of losing the succession, Sept, 2 s0 AIM a Matter of Money. Ottawa, Sept. 28.--There is said to be a hitch between the Ottawa Club and Owneg Dey of 'the Arena over the rink accommodation' for this season: The hockey chub di- recto will hold a conference with him this week. ""®n what Mr, Dey demands as guarantee per game from the hockey club rests the Ot- tawa's decision as to whether a team wiil be operated this winter LAST PHOTO OF "RODDY" LEMIEUX The sisove snapshot) was 0 days befor. Ljout.' Lemieux was from where bis ! . viki there 2 here | N. Tilley, | hope will be able to re-establish ord- A the the the Oufa, <= ATH TORK ARMY KINGSTON, ONTARIO, SATURDAY, SEPTEMBER ol Jusitye 1 10D'S 1 a| to FOR A NEW REGIME All Factions Are Co-operating| 28 Out of the! Russia authority diplomats a MAY ANNIHILATE Which is Now Surrounded in Region Eas! of the Jordan. WOLD CONPLETE CLEAVIP i OF ALL PALESTINE. | Syria Open to Invasion--France to Prepare Scheme for the Self-Gov- ernment of the People of Pales- tine. London, 4th Turkish army on the Palestine froat Sept 28.--The THE TURK FORCES IN Berlin and Vienna to obtain a miti- | The Daily British 28, 1918. THE SAVIORS OF RUSSIA | i i | very ill, has been ordered { {of = LAST EDITION THE WORLD'S NEWS ~ IN BRIEF FORM Tidings From All Over Told in a Pithy and Pointed | Way. | British scientists have . perfected gas protection masks { J. A. Ellis, ex-M.P.P., Ottawa, has been appointed to the vacancy in the Ontario Railway and Municipal Board, Gen. Botha, who recently has been to take special treatment and a lengthy holi- day, Sir Robert Borden, Prime Minister Canada, has left Ottawa for a { much-needed rest, and is not expect- | Grain ed back before two weeks, Robert MoGill, of the Exchange, announces that Western Canada will export eighty million bushels of wheat to the Allies' Winnipeg { | of this year's crop. | | lied reply," mn, RUMANIAN PEASANTS OPENLY RESISTING The Victories of The Allies Have Made Them Very Enthusiastic. Sept. 28.=The i according to here, has become the Central Powers. The Rumanian 'peasants anade en- thusiastlc by the victories of the Entente countries,sare beginning to esist openly the German and And a Half Miles. Austra<Hungarian military. a wi mel CAPTURE. 10,000 number of places and the Ruman- jan Government has sent agents to ALLIED ATTACK NORTH OF YPRES Belgian Army Makes An Advan of Two | Rome, in. Rumanis tion received alarming for situation informa- PRISONERS IN THEIR | IN CAMBRAI AREA. | ation f the Austro-Hungarian Mors gat Q h A ~Hungaris TRENSIVE rude. The Rumanian Government OFFENSIVE is reported to have pointed out that if its request is rejected it will be unable to guarantee the mainten- ance of order or avoid the eventu- alities of a sanguinary crisis. Two Hundred Guns Also Taken-- | The French Have Entered Somme | Py, an Important Railway Point. | (Canadian Press Despatch) i FOUN y BOILED BX kk Paris, Sept. 28.--Allied troops Nr 4 RUGS. began an attack on the front north {1s virtually surrounded "in the ve-, the Jordan and faces! Gen Allenby's | of the} | glon east of {annihilation The now by {forces annihilation f4th army, hoped for, would | | complete the cleaning up of the { Turkish forceg in Palestine, ac- {ecomnting for about 80,000" men. I fhe precarious position the ol of Ypres to-day, and the advance at some points has been more than two and one-half miles. The at- tack is beitg made by the Belgian army, and is on the larger part of their front south from the North Sea. One thousand prisoners al- ready have been counted ~Heavy fighting is taking place between There is Plenty of Food Apparently For Frite. Cobourg, Sept. 28.--Pte. Matthew King, a Colborne soldier, states that in a town captured by a Canadian battalion there was found a canteen waggon loaded full of hard-boiled eggs, and that the boys had a big feed for once. : Heé'says that Fritz appears to have plenty of food for his soldiers, if not for the civilians the 1 3 4th Army may be séen from | | tact that Arab cavalry and infantry | {are north of it, Arab and British | forces east of it, and British troops | the south All these are ling inward on the enemy, while tha| | to Jordan, with the crossings, is in the] hands of the Allies. ° | Ldberated territory in Palestine { will be administered under the { agreement reached between the Bri-| tish, French and Russian Govern-| ments in 1916, it is learned here. ! England and France will chrry out {the agreement under which France {is charged the preparation of | in spheme of self-government for the | people of Palestine. This work will | {be the object of conversations which will take place shortly with Syria Open to Invasion. The full Tarkish strength in Palestine is not definitely known, {88 hardly two Turkish divisions are lof the same size or organization. It {is khown, however, that the Allies had to deal with 18,000 [fighting {men west of the Jordan, with about 110,000 men on communications, as {well as many thousands east of the Jordan. One of the chief advantages/ of the victory is that it will allow of {largé British forces from this sec- tion being used on the western front or any other place where they might be needed. Syria, with a large anti-Turk population, is open to in- vasion. The communications of the Turk- ish army in Mesopotamia cannot be considered secure. It is pointed out | that therq is justification fo: believ- {ing that the Turkish operations in Persia will be paralyzed, particular- ly in view of the Allied successes in the Balkans, which seriously threat- en the Turkish position in Europe. But it is also shown that even should th fas push on and cap- ture Aleppo and out the Bagdad | railway it uld only result in {"Purkish evacuation of Upper Meso- |potamia and not affect the main Turkish army in the Causcasus and Persia, which is based on the Bleck Sea ports. The military critics do not 'fail to point out -also that the attack in Palestine was timed to take place when the Germahs were unable to gpare men on the western front for the near east. ONLY ONE TON OF COAL. | Nome at all if Householder Already Has Ton or More, Galt, Sepf. 28-8. B. Ferguson, Fuel Controller for Galt, has annou- nebd new regulations with regard to the delivery of anthracite coal. He) stated that householders with one ton or more of hard coal in their bin would be allowed no more at present, and that those withoui coal can se- cure only one ton. This is in order to secure a general distribution of fur- 'ther supplies. The Controller urges the use of goft coal and wood. | chasing Fritz all over the country press ptainly good, SEP E 4424240 FFR ELIS Dixmude and Ypres, and the battle is in "the Houthulat forest, north of Ypres. at home, Ho furthé states that in severe they have found all kinds of food- stuffs, including a lot of butter that was made in Holland, which was cer- British Take 10,000 Ge (Canadian Press Despatch) Londgs Sept. 28.---Prisoners to the number of ten thousand have been captured by the British ' in their offensive in the Cambrai area, Field Marshal Haig announced to- day. Two hundred guns were tak- en by the British forces. The British have captured the towns of Epinoy and Oizy-le-Verger. | The British pressed their attack] yesterday without a moment's let- | up until a Jate hour, and in" the| evening accenfuated notably their | progress in the northern portion of the battlefield British forces have begun oper- ations in Fiapders in conjunction with the Belgian army. Aiong the | whole battle front before Cambrai | operatiqus were progressing satis- London, Sept. 28.---A summons' factorily this morning. : against a Liverpool firm for using British forces resumed the battle petrol to convey a wedding party to before Cambrai at daybreak to-day. and from church, which has come | They are reported to have captured several tjmes before the Liverpool | the villages of Fontaine:Ngtre Dame | stipendiary magistrate, and been ad-| Cantaing, Noyelles and Sailly. journed pending a decision by the pe-| Canadian troops pushed through trol controller, was formally with-' Hanecourt and have reached the drawn yesterday. The police inti-; Donai<Cambrai road. mated the withdrawal was due to in-} structions from the deputy control-| ler under the petrol order, who had written that the parties in contract-] Rave ed SommerP yr on Ds | ing marriage were performing a pub. ied railway point on "the any i He quty. Sn ipagne front north of Souain, it is| Loss announced here. Reports from the Now To Soot. 28 Virtually attle fleld indicate that the battle | fifty per cent increases in the fire continues favorable for the Allies. losses of the Province during the last twelve months is shown in the re-| War Tidings. ports for August which have been British troops, preceded by yeo- réceived at the Office of the Provin-| manry, entered St. Rumnitsa Thurs- cial Fire Marshal, This increase is! day morning, while Angi)-Greek due to destruction by fire of indls-| troops stormed the heights of the trial plants, transportation premises,' mountains north of Lake Doiran. The or factories and warehouses. British have taken more than thirty guns and much ammunition. Admits Peace Proposition. | | Austria is rushing reinforcements | ho Sept. 28.--in official ; to the hard pressed Bulgars. ! Bulgarian statement! dated Sept.| Japanese cavalry have occupied 248th mgmits that Bulgaria has in-|Zeyapris- in the regifn north-west Sefated 2 Droposition for: ghtataing [oF Pow oe bpinni BE stating that mistice an ce. an all : Jones j Capt. Erie D. Carruthers. Royal Field Artillery, youngest son of J. iB, Carruthers, had been slightly & wounded. Lad al Bawary B. Moots, bustiiesy man- Franco-Americans in # ager for "The Kise Burglar," a big iv in the past two days + musical production at the Grand on © captured 18,000 prisoners 4 Wednesday, Oct. Sth, is ia the city. more than 100 guns, twelve # ~The Kiss Burglar" had a ran of of them of heavy calibre, also SiX months at George M. Cohan's 'of machine guns and & Theatre, New York. As an instamee of German barbari- ty Pte. King/states that in one place they had te leave some of their wounded behind. "One of our Ma- jors '* he says, 'was among those left behind, and when we recaptured the place it was found that he had been stabbed fifteen different times just out of pure deviltry. But that is only a small matter to them. Our fgllows made them smart for it when they retook the village by killing every one that they could get their hands on, and so will the rest of us if we get the chance." - MARRIAGE PUBLIC DUTY. Therefore Petrol Allowed For Wed- ding Conveyances, French Enter Somme-Py. (Canadian Press Despatch) { Paris, Sept. 28.--French troops | WAR BULLETINS. s Catholic, Army Hut Fund. | The Canadians made good ad- &, 4 Friday and captured sev- $ Additional contributions amount-| eral villaggs and took many p= the local jeadqudstors of the Cath- - & army hut. appeal, a A torgd contingent. of Serbi- + sand total of pies ne a contributions ant a RUBE Nth the Alles & sch iioning ps LONE are $25-- {Catholic Order of Forest- * ers. 0--D. Ross. { stated on Friday. Czecho-Slovaks at the railroad station at Vladivostok being inspected before departing for the interior of Russia. | | pared to give ninety per cent | doc tors of the provincg'a good con- { duct mark in connection with the is- { terday. { be-Capt. Joseph Graves. | Crothers & Co. Deceased was twenty- | his loss his wife and one child, also ! yrother, Mrs. William Salisbury and { Mrs. Wesley Bushey, of this city, and {| Lawrence ,of Toronto, | casualties for the week ing to $37 have been received at! "The Bulgarian proposal will be answered either by Allied com- | mander at Salonika, or by a joint Al- Lord Cecil, for fore nt sec retary of state affairs, ense Board is pre-| of the The Ontario 1 suing of liquor prescriptions. | Lieut.-Col F. P."Healey, whose| resignation from the staff of mjlitary| headquarters,Ottawa, was announced | some time ago, has been appointed | deputy minister of the Department! of Soldiers' Civil Re-establishment. Capt. E. N. Smith, Hamilton, a former Hamilton "Tiger" football] man, will have full charge of the Ca-| nadian Y.M.C.A. staff in Siberia, a cording to announcement made yes-| The business manager will PTE. PERCY METCALFE KILLED IN ACTION He Went Overseas With the 146th Battalion in Octo= ber, 19186. , METCALF Metcalfe, of No Barrack street, received word that | her husband, Pte. Percy Luke Met-| calfe, had been killed in action, oh Sept. 17th. He enlisted In January, 1916, with the 146th Battalion, and went overseas in October, 1916, and had been in France ever since. He was formerly employed with W. J PTE Mrs. Lillian 51 one years old. One brother lives in England. Pte. H. H. Jamedon Killed. Mrs, Catherine Jameson, 24 Cher- ry street, Kingston received word Saturday morning that her husband, Pte. Harry Hugh Jameson, infantry, is officially .répyrted killed in action on Aug. 28th.' He leaves to mourn and one his mother, two sisters British Casualties {Canadian Press I ch) London, Sept. 28.---Britigh army sadifg wo-day are: Killed or died of wounds, 4,368; wounded or missing, 20,561. Des The first drafted man in Magara camp to be sentenced to death by the general court-martial is John Edward Plant, a Sinn Feiner, of the 2nd Bat- talion 2nd. Central Ontario Regi- ment. His sentence, however, had been commuted to fifteen years' im- prisonment in Portsmouth pecitenti- ary. Franco-American forces have tak- en all the old positions between the Suippe and Argonne, as well as the | German frst positions. 1 ted TRYING TO STOP THE Germans Are Fighting With Creat Desper- alion on Brunbilde Line. RESISTING (0 THE UTMOST AND ARE MASSED IN TWO LARGE WOODS. The Americans Are Using Their Artillery Freely to Break up the Enemy Dispositions. (Canadian Press Despatch) With the American Army North- west "of Verdun, Sept. 28.--With tifeir backs to the outer edge of the Brunhilde line, the Germans to-day were fighting desperately in an en- deavor bring the American ad- definite halt. The Ger- were jucreasing the volume fire and indicating andw their- determination to resist to the utmost. The line fought for runs the northern Argonne eastward along a Hue lleling the Ipinonville<Mont- fau road to a point near Ivoiry, and north-easterly. The Germans are massed Cierges woods and in the Emont woods The Americans are using their artillery freely to break up the enemy dispositions. The Ger- mans are depending upon machine gun fire at every advanced point in their effort to check the Americans. to vance to a mans of their through woods and par on thence in the ASKS CANADA'S AID TO FIGHT PNEUMONIA The Governor of Massachusetts Sends Message to Mayor of Toronto. Boston, Mass., Sept. 28.->An ur- gent. appeal for nurses to assist in combatting the alarming spread-of Spanish influenza aad pneumonia in this state, was telegraphed to ve Thomas L. Church, of Toronto, by Lieutenant-Governor Cooledge, who declared that the State's medical and nursing resources were taxed to their limit, and that many cases were re- ceiving no attention whatever. The humanitarienism and skill 'of: Cans adian purses were So well recognized Lieutenant-Governor Cooledge said that he had no hesitancy in addres- sing his appeal to the Mayor of Tor- onto. Any aid Canada could render, he said, would be gratefully accept- ed by his state. ; Hangman's Delay. Winnipeg, Sept. 28...A hangman's delay has given Frank Sullivan and Philip Johnson condemned to death for the murder of Constable Snowden on April 6th five more days to live. The delay does not mean that there is any chance of reprieve. Judge Metcalf emphasized, saying that little short of a miracle could save the lives of the men now. The fact that Arthur Ellis, the hang- man, is unable to leave Quebec until Monday, caused the stay. Exodus From Yukon, Dawson, Y.T., Sept, 28.----Station- ary price of gold and increased cost of mining material, food and wsup- plies have caused a sudden exodus of miners and their families from the Yukon to Alaska. Every boat reach- ing here for the last few weeks from Ruby, Fairbanks, Iditarod and other Alaskan camps comes with. the acs commodations taken by people leav- ing the country for the Pacific coast, wi.ere there is hope of obtaining work In war industries at high wages until after the war. Inspector Olifford E. Bissell. Brockville, Sept. 28.--Clifford E. Bissell, who for eight years has béen acting as general agent for the Can- ada Life Asurance Company, and for six years as local répresentative for James Alexander, Ltd. cheese ex- porters, has received récognition. Fron€et, 1st he will assume the duties of inspector of the Eastern On- tario branch of the Insurance Com- pany, up his connection with dairy inter ests. . ------ Rev. Dr. E. N. Raker, principal of Albert College, Belleville has receive ed word that his son, Pte. Frederick E. Baker; had been admitted to hos- | pital on Sept, 17th, from gunshot wound in the is the second time Pte. Baker's hide appeared in the casualty list. "The enemy increased his artillery fire Friday morning along the entire American advance, but was unable to force back the Americans. Rain Js interferring with the movement of ts me Hery. webs Rev. A. K. Scott, Belleville, has ac- cepted a call to the First Baptist Church, Perry, Olio. He was for- merly at Picton, : ¥ i: EXT i FL PPE Red Thee Pree tees . suffering, leg. This® This will necessitate giving ... AMERICANS: