THE DAILY BRITISH WHIG The Salvaging Of Civilization THE PROBABLE FUTURE OF MANKIND BY H. G. WELLS I ask the reader to detach himself from these present conflicts of natural politicsi of political parties, and of the class war, as completely as he can, then to play such a part in them regardless of any other consideration as may be most conducive to a wide-thinking, wide-ranging education upon which we can base a new world order. FOR SALE BY:-- (THE MAGUIRE APPEAL CASE (Continued from* Page 1.) {ducing and harboring, alienation, And criminal conversation, is loss of con- gortion, ll Mr. Cunningham's Contention, Mr. Cunningham, for the respond- ent, contends that the gist of the ac- tion of criminal conversation is not merely loss of society, affection, com- fort and services of the wife, but is the invasion of the plaintiff's exclu- sive right of intercourse, entitling him to additional compensation for the insult to which he has been sub- mitted by the corruption of his wife, and h® relies for this proposition on the cases of Bailey v. King, 27 A.R. 703, at 712 and 714, in appeal 31 S.C.R. 338; and on C.V.D., 8 O.L.R. 308, at 316, in appeal, 12 O.L.R. 24. The precise point raised here was not, I think, raised in any of these cases, but a perusal of the opinions in these and the Butterworth case | will show that there has been muth | difference of judicial opinion, and that the law is not as clear and well settled as it might be. In the Bailey Hyperopia is a condition of the eye, which causes severe head aches and eye pains to people who have appar- ently normal vision, but the vision is only sustain- ed by severe straining of the nerves and muscles, causing pains. Our ex- amination and glasses will correct the defect. / Platinum Green Gold "Orange Blossom" Wedding Rings Marriage Licenses. . y Kinnear & d'Esterre JEWELERS 100 PRINCESS STREET case, Moss, J. A., at page 712, says: "It has long been the law that if a | wife is separated from her husband | without his consent, and while separ- {ate is guilty of adultery, the adulterer |is liable to the husband. This is upon the ground that the action does not rest upon the deprivation of the wife's affections, soclety and services, | though this may properly be shown | in aggravation 'of the damages, but | upon the injury done to the husband [ by the defilement of his wife, the in- | vasion of his exclusive right to mari- | tal intercourse, and the consequences resulting therefrom." while Armour, 1C.J.0, at p. 714, says: "The cause. of action for enticing away a wife is essentially différent from the cause of action for criminal | conversation with a wife. The form- fer is brought on the assumption of the wife's innocence, for the purpose {-of procuring her return to her hus- | band and for damages for his tempor- | ary loss of consortion, and every day | she is procured by her enticer to re- | main away from Her husband a new | tort is committed by the enticer." | In C.V.D., Meredith, C.J. (now C. J.0.), reviewed the authorities in- cluding the King case, and at page 316, says: "It is apparent from these obser- vations, I think, that the view of the learned President was that the gist of the action of criminal conver- sation is not merely the loss of the society, comfort and assistance of the "The House of Better Ciasses" Opposite the Post Office Phone 649 Kingston r dda, BONDS AND DEBENTURES Automobile Repairing ELLIOTT & WILLIAMSON Phones: Shop 1039. Res. 1537, 378 BROCK STREET wife, but that it includes also the wrong done by the intolerable insult to which he has beén subjected by the corruption of his wife." Each a New Wrong. The quéstion in the King case was whether or not the Statute of Limi- C. 8. KIRKPATRICK 36 Clarence Street. Tel. 568w Thousands reported to be dying ws Of famine in Kiev. A GR "Gifts That Last" "SINCE 1840" The evolution of the Nordheimer Piano covers a period of several generations. A study of that evolution would prove a revelation of leadership in the advancing development of musical crafts- manship. Remarkable not alone for its rich, sonorous tone, but also for its beautiful design and respon- sive, sensitive touch; the Nordheimer is a rare combination of all those qualities which make for satisfaction. It has acquired a reputation through the years, that amply justifies its claim to Leader- ship. Enquire as to the esteem in which the Nord- heimer is held in any home where one of thess fine instruments has been installed. The enthus- iastic response will convince you that highest value is indeed assured by the name. 'Nordheimer 'R. J. RODGER 132 Princess St. ear ol We are acing what Canvas Footwear, fn © sary preparation, promises to be a big season view of which we have made for White the neces White Canvas Footwear in New Cross -- Tennis Shoes and Recreation s, & and Two Straps, Pumps and Oxfords : and other.lin és of suitable Footwear for all Allan M. Reid " SHOZ STORE . tations applied, and the court held that each act of adultery was a new wrong, and afforded a new case of action, y In the C. v. D. case the court held that although the plaintiff's wife had left him and had been for ten years separated from him, during which time she had obtained a divorce in the United States, which the court held to be invalid, and had married the defendant, yet because the plain- tiff had not abandoned her, and had not relinquished his right of consor- tion, the plaintiff had a good cause of action, but in neither judgment was it, I think, necessary for the decision, or was it expressly decided that the gist of the plaintiff's action Was not loss of consortion, In the C. v. D. case, the trial judge, Anglin, J., told the jury that if they came to the conclusion that before the adulterous intercourse the plain- tiff had totally and permanently given up all the advantages to be derived from the society of his wife, he was not entitled to recover, and the divis- ional court were of the opinion that this direction was right. This direction would indicate that the basis of the plaintiff's loss was consortion, and not invasion of the plaintiff's exclusive rights of injury to his dignity and, feelings, and that, I think, is the view expressed by Mec- Cardie, J., in Butterworth v. Butter. worth, As I read that case, the learned Judge was of the opinion that aliena- tion involves a-loss and damage, but that proof of adultery may not be proof of loss, because it is not an action in trespass, but an action of trespass on the case, requiring proof of actual loss, and that ff is neces- sary to the proof of actual loss to prove loss or injury to consortion, but he points out-that there are two elements of damage, (1) the actual value of the wife to the husband, and (2) proper compensation to the hus- band for the injury to his feelings, the blow to his marital honor, and the serious hurt to his matrimonial | and family life. Tria] Judge's Instruction. In the case at bar, the learned trial judge instructed the jury, as follows: | "Well, gentlemen, I think perhaps I was a little wrong in the way I put | to you the question of the amount of the damages. I rather indicated-- | or, it I did indicate, I was wrong in | so ihdicating--that you could give | damages by way of punishing the de- | fendant. You do not do it for punish- ment, What is said is that the | grounds on which you give damages | are, the actual value of the loss of the wife; that is one thing, if you | can fix it in money. As I say, it is | very difficult to do that. Two, com- | pensation to the husband for the in- jury. to his feelings, the blow to his honor, and the hurt to hi family life Those are the thizgs that I said you could not measure in money; at least, I said you could not measure in money the love, services and so- ciety of a wife. However, it has been recently stated' by a very eminent judge that you may take into con- sideration the compensation to the husband for the injury to his feelings, the blow to his honor, and the hurt to his family life. How you get at it I do-not know; nobody can tell, but you get af it the best way you can." and the jury's verdict reads: "Juror: The jury find in favor of the plaintiff on both counts, fifteen thousgnd dollars; five thousand dol- lars for alienating the wife's affec- tions, and for criminal conversation, ten thousand dollars, "The registrar: Gentlémen of the jury, hearken to your verdict as the court records it. Verdict for the plaintiff with fifteen thousand dollars damages, of which five thousand dol- lars is' for alienation of the -affec- tions of the plaintift's wife, and ten thousand dollars is for criminal con- versation, and so say you all." "Jurors, Yes." x To my mind, in this case it makes no difference what the gist of the ac- tion is. The real question is: Have the jury assessed the damages for the wrong done, on the proper basis? On this point, the instruction of the trial judge seems to me to be in accord with the opinions of the learn- ed judges in both the Canadian and the English authorities, and while the whole damages might have been awarded as resulting from the adul- tery, the whole could not have been awarded as resulting from alienation. To accede to the appellant's conten- tion would be to assume that the jury awarded damages for the aliena- tion twice. This, I think, is not the meaning of the verdict, Reading the verdict along with the charge, I am of the opinion that the Jury intended to award $5,000 for the alienation and necessary loss of consortion, and $10,000 compensa- tion for the husband for the injury to his feelings, the blow to his marital honor, and the serious hurt to his matrimonial and family life. I would dismiss the appeal costs. Meredith, C. J. O. Maclaren, J. A, Magee, J. A, with We agree. BRAKEMAN INJURED 4 AT OUTER STATION A Brockville Man Fell From an Engine There. While switching was in progress at Kingston Junction at 12.45 o'clock Friday morning, Robert B. Anderson, Grand Trunk brakeman, 118 Perth street, Brockville, fell from the ten- der of a locomotive and striking his shoulder against a rail, fractured his shoulder bone. Anderson had cut the engine off eastbound. train No. 494 and had given the signal to proceed ahead. As he was riding on the back side step of the tender, he slipped and fell, striking his left shoulder on the rail and breaking the bone. EEN -- $1.00 CHILDREN'S WHITE CANVAS LACED BOOTS Real leather soles--a well-made Shoe real White Canvas: CLEARING: AT .....cvvnnns sais i $1400 *(Sizes4to7} and 8to 11) Abernethy's Shoe Store and a good quality of worth $2:00 and $2.25. Campers and | PicknicersSupply Our stores are well stocked with everything you will need for Eating and Drinking on your outings. C. H. Pickering The Unique Grocery and Meat Market, 400 and 492 Prin- cess Street. Phone 580. NS Et eves?) 50,000 SAMPLES Dr. Bell's Veterinary Wonder 50,000 one dollar ($1.00) bottles Free to horsemen who glve the Wonder a fair trial. Guaranteed for Colic, Inflammation of the Lungs, Bowels, Kidney. evers, Distemper etc. Send 25c. for Mailing Package ete, © Agents wanted. Write your address plainly. DR. BELL, V.S, KINGSTON, Out. sco ry Furnitore--Freight--Baggage } TRANSFER Phone 1776J 5S. WHITEMAN 210 QUEEN STREET Britain sets aside $600,000 for subsidies to civil aviation, HOME--THIS STORE SPECIALIZES IN HOME OUTFITS For years, we have made a careful study of the requirements of young couples starting out in Housekeeping. We give you the bentfit of our long experience, ' JAMES REID Phone 147 for Service. THE LEADING UNDERTAKERS : 'Special Dr. Morrison, Kingston, set the frac- ture, after which Anderson went to his home in Brockville. ---------- J. A, Sutcliffe Buys "Firhurst" "Firhurst," the one time beautiful home of the late W. H. Austin and The portion of the property and resi- dence owned by Lieut.-Col. Bywa'er has been sold to J. A. Sutcliffe. He and family are moving in this week. Improvements to the premises have already been started and no doubt Mr. Sutcliffe: will make it one of the most attractive spots in town, ---------- LO.F. Notice. All Foresters will meet at Calvary church, Bagot and Charles streets, to- morrow evening at 6.45 o'clock to attend annivérsary service, You can't always tell. Many a man who comes from Boston uses bad | TWICE TOLD TALZS | English and hates baked beans. { TEN YEARS AGO. 'Three Kingston men were hurt in the wreck of the G. T. R. Interna- tional Ltd, at Newcastle, Ont. A purse of gold was presanted to Rev. Thomas E. Bourke on the oc- |casion of his departurs. from Brock Street church. > gi The census takers have almost fin- ished their work in Kingstog. * The Fire committee s | that the new ladder truck be' built by James Laturney at $1,175. : The Yacht Club is arranging for some fine races this season. Chief Armstrong has already re» Jeeived 2 corcnation sovvenir from & Canadian in England. : News of-Kingston } TWENTY-FIVE YEARS AGO Rideau .street residents are com- plaining of poor light down that way. Inspector Kidd igports that the itandard at Victoria school hag gone 1p conBiderably. x Heaven ie the. nickname for Victoria school It rathsr reflects in the rest, whose appellation is left Ao the imagination. \ ; The. Fist Congregational church chioir had an enjoyable trip down the river in the yacht Wherenow yester- day. Two young ¢ty lads have disap- vear?d from their = homes, leaving notes that they wors off to seek their fortunes, family, Trenton, has changed hands, | |F= RONEY'S, Princess St. For To-night 65c Pair COLORS:--White, Black, Navy, Grey, MEN'S SILK HOSE --Sizes 9} to 11. Brown and Green. Dental Surgeon Wishes to announce that he has resumed his practice, cor. Wel- lington and Princess Streets. Phone 2092. Dr. H. A. Stewart Barley-Morrison Wedding A pretty wedding took place at the home of Charles Mills, Bloomfie 1, whew Marfon Isabel, eldest daughter of Mr. and Mrs. Walter Morrison, Trenton, was united in wedlock to S.m Barley, Trenton, son of J. Bar: ey, of C.N.R. The bride who wore a blue tricotine suit and tea roses | was given away by her uncle, Mr. Mills. Mis Eva Kingstury, D.ce- ronto, wearing a blue suit and roscs, attended the brida. . To Settle A Fortune. Prof. and Mrs. Smict left Trenton Tu-cday for Toronto. From there they go to Campbelleville t6 Mrs. Smidt's brother, to spend the sum- mer #t Crawford's Lake, near Milton. On 12th July Mr. Smidt expects to leave for Alsace, France, to settls an unexpected fortdne coming to him. Mr. Smidt has sold all of his interests in Trenton. ------ Ad § Are getting more and more inter- | ¢sting to 'read. Note the splendid suggestions they carry for the busy housewives. -------- a ---------- FOR SALE GOOD, CLEAN OOAL, A. Chadwick & Son New location; Corner Onturio and West Sta. Phone 67. PRESTON PORTABLE GARAGES In wood or steel--to rent or for sale, ¥, B.. McNAMEE Phone 2372w. 118 Colborne Street Ice Cream of' Quality ." Refreshing and nurishing for the Children MASOUD'S Princess St. Pho 980 | | 238 |g Kingston, Ont. |