x YEAR 98; No. 32. KINGSTON, ONTARIO, 'MONDAY, FEBRUARY 8, 1026. The Pittsburgh Church Appeal And Action Are Both Dismissed 80TH PARTIES RESPOND OR LACK OF PROPER EV ESTABLISH T 10 she cio fe Syd Com J, Alternate Toronto, Feb, 8.---"1 think the ap and action should be dismissed. both parties are responsible, one or faulty constitution of action, and the other for want of proper evidence to establish their only right and title to interfere, and both for extreme paucity of evidence generally, thers be no costs of the appeal or on, to either of them." : these words -Justice Hodgins ads up his judgment on the appeal he trustees of St. John's Presby- church," Pittsburgh township, the judgment of Justice Logie, 'who refused to enjoin the Continuing Presbyterians fromi the use of the church and who continued the modus o 3 ? - vivendi under Which each section of 'the vongregation was to have use of the church on alternate Sundays. "Nouns of the Pasties really desire , Interpretation of the dominion * provincial acts relating to the urch,' says Justice Hodgins. "And so we do not determine anything which in any other dction between these or other parties is to be taken conclusive." His Lordship points out that the n 18 brought by three trustees of , who hold it un- { some one or more found to have cause of be is unable to see that two of the session and two of Cannot Be "The trustees hold for certain uses . which are to be performed by others, it is not their title but that of Which is in question. Who 'cannot be determined in 'of the warring parties. as this is an action for tree- Pa 1 an 0 ie the trus- to succeed. Their treat ia 'hold the honont of con . gregation, for support of public worship and for the propagation of "Thee is this further direction congregation shall, so long bly propagating only so- 'was a protest' by the not sue in that capacity. IE DENCE ER RIGHT Court Which Heard the St. John's | ¥ Pittsburgh, Case~-No Costs Allowed-~-Each Side Have the Use of the Church on Sundays. the services, which to his mind and to those who sent him, were no lon- ger "in connection. with the #aid Presbyterian Church of Canada in' connection with the Church of Scot- land." "This was no 'trespass, Mr. Fee aid 80 in assertion of an alleged para- mount right, which can only be de- termined when the status of the (so- called) Continuing Presbyterian Church as part and parcel of the new church, is settled and defined, and this, counsel are anxious to avoid. In any case no injunction would be granted where all that is shown js one public protest and no further threatened injury." Relation to Old Church. Quoting the Ontario statute as to the property of non-concurring con- gregations standing in the same rela- tion to the church to be formed by such non-concurring congregations as fit stood to the Presbyterian church beforé the passage of the Act, the judgment says: "Wa are informed by counsel that the new church has in fact been formed and that this St. John's church has adhered to it. But no evi- dence of this was given at the trial on behalf of the defendants, for some 'reason best known to them." The Presbyterian Church in Can- ada, like the Church of England and other churches, fs or was a volun- tary agsociation having its own con- stitution, worship, doctrines and dis- from | Siping, -1t conld depart it it followed its own method : rs a the established stand- ards of their church. If the new ¢hurch has been formed, no one can say without accurate information and careful examination of its ac- tion, 'whether any congregation op- posed to the union have adhered to the new religious association nor whether the new body is identical in its standards of beliefs and its dis- cipline with the Presbyterian Church in Canada as it existed before this legislation took effect. Upon this may depend the authority of the old presbytery which may have been con- tinued or may have ceased to exist as a part of the church machinery." Dispute Just Where It Was. The judgment of Justice Hodgine. which is concurred in by Chief Jus- tice Mulock and Justice Lennox leaves the Pittsburgh dispute just where it was before any legal action COPPOP LPR PRPPOIRIEYS CAPTURE $600,000 woRTH 0 OF LIQUOR Key West, Th Feb. 8.--- Coast guards operating along the Louisania, Mississippi and Alabama coast.on the Gulf of Mexico have captured liquor and equipment valued at ap- proximately $600,000 in the past two weeks, it is announc- ed. CERF EPEPE LENS SESS PPE LRG Thited States Will Help Canada in Smuggling Probe Washington, ' Feb. 8.---Of- ficials of the Treasury Depart- ment and the Department of Labor will co-operate with any committee the Canadian Gov- ernment names to investigate the sensational charges made by H. H. Stevens, former Minister of Trade and Commerce, that smuggling is rampant along the border. Under the terms of the con- vention betweeri Canada and the United States to suppress smug- gling, which has been in effect since last July, the anthorigies of both governments are given wide powers to put down this traftie, SNOWSHOES IN QUEBEC. Hundreds and New England. Québec, Feb. 8.--Quebec was | vaded Saturday by several hundred all parts of the province of Quebec and from a num- ber of cities and towns in the New, snowshoers from England states, members of the I ternational Snowshoers' Union. The snowshoers, their multi-color- distinguishing paraded the streets of the city and ended ed blanke! costumes them from. other visitors, their tramp at the city hall whe they received ti listened to an ad livered by Acting Mayor Duquet. NAY CRASTISE WIFE AS FE DOES CHILDREN Decision of Chatham Magis= trate in Alleged Case of Assault. Chatham, Feb. §.--By a decision rendered by Magistrate. Arnold - County Police Court. Saturday man may slap his wife and it is n assault. George 'Rumble alleged assault band. "1 am going to bold that husband has some rights in world," sald Magistrate Arnold. don't know that there is anything prevent the man fron doing what he did. The man has a right to do with his wife what he would do with his children if they need to be restral was taker .by {he Unionists to res- 4 ed." 'train ontinuing Presbyterians from hipping in the church. Justice Ferguson writes a separ- ate judgment, in which he dismisses the appeal with costs on the ground that the trustees of the church did cording. the newspaper that the TO) that will be made in the event of the cabinet not taking action on the mater at this session will be Bt. Thomas to Abandon Street Cars This Week St. Thomas, Feb. Assemble From Canada key to the city and ss of welcome de- It was a case in which Mrs, and bodily harm on the part of her hus- this oy 8.--The street _lears in this city will cease operation for all time to come next Thursday evening and the Metropolitan Bus | Lines of Toronto will introduce their : PREPARING T0 OPEN ENQUIRY ON SMUGGLING 'Commons Committee Meets to Elect a Chairman. HEARINGS ARE PUBLIC {Alleged Threats Against Men- bers by "Poison Pen' Let- ters » Taken Seriously, Ottawa, Feb. 8.-~The smuggling committee of the House of Commons will hold its first meeting to-day to elect a chairman and formulate its plan of campaign. Most of the sittings will be held in Ottawa, though some may be held at Montreal or Toronto. All evidence taken under oath whether the House is in session or not, If the House is pot in session, however, the com- mittee has no power to punish wit- nesses who refuse to answer any question. If false evidence is given, however,it can be punished, a8 perjury under the crjmrinal code. The commMtee also has power of itself to subpoena witnesses and to have them arrested should they ignore the subpoena. The only power the House cannot delegate is the 'power to punish refractory witnesses. This power the Conservative mem- bers of tha committee believe to be essential in view of the serious na- ture of the charges. It is pointed out, however, that the House will have resumed before . the inguiry ends, 'and 'will be able to take action against anyone who has refused to testify. The House has power to im- prison anyone soef fending, but stich imprisonmenj. res. automatically at prorogatioy of 1 { +44 +402 e tee * n- n- re » St-- Hearings 'Public. AN hearings of the committee will be public and the evidence will be reported verbatim and printed by the King's printer. The committee is autonomous and makes all its own arrangements. After electing a chairman it will decide how many copies of the evidence will be print- ed, usually from 500 to 1, 000 to meet the demands of the members and senators, the house approving the expenditure. The general public can get coples of the daily report as printed, just as In the case of Hau- sard reports of the (house, the cost being $3 for the whole hearing. Bach day's evidence is printed during the night and mailed the next day. Alleged threats against, members of the committee by "poison pen" letters and even telephone messages are not taken sériously. "The smug- gling organization might and do take drastic action against 'squealers' of their own ter than t (i ffere with a public mdn," said one member of the com- mittee. "They are wise enough to know it would only prejudice their pwn case," The messages so far re: ceived are being takea as the usual "bug" letters that every public man receives. in a ot a to ne ne -- RAIL WORKERS! DEMAND , but they know bet-} service next Friday morning. Charles gassesseatsnese) * + MAKING THE MERRY WIDOW MERRIER : London, Feb. o Bast dress designers are seeking to make the merry widow merrier. To this end, they are cutting mourning d s with short skirts and trimming the sombre gowns with touches of white. Fur coats, too, are consider- ed quite proper with mourning; and the whole tendency is to "Jazz"™ the costume. Some of the merrier of widows are even affecting flesh tinted stockings. GEPPPLPPPPPV HEROS Sesesssssssssetse CPPPPPPPPPOIRTIIPOSS BURGLARIES SOLVED. Young Taxi-driver and Bob Haired Wife Confess. Saskatoon, Feb. 8.--With the ar- rest on Friday night of Errol Row- lette, 21, taxi-driver, and his 19- year-old bob-haired wife, May, police cleared up the mystery of a number of burglaries perpetrated in| the city in the last few weeks. Be- side confessions, the authorities ob- tained a large amount of stolen valuables. Mrs. Rowlette admits taking part in at least one of thé burglaries, which were usually committed dur- ing the Sunday evening church hour. ---------------- ARCHBISHOP PLANS VISIT. British Columbia Prelate Going to | Old Country. | Vancouver, Feb. 8 ~--Archbishop A. | U. De Pencler has accepted an in- vitation to visit England this year and will leave Vancouver jm- mediately after Easter. He 'will be away for two months, and has been asked to address the annual meet- ing of the Soclety for the Propaga- tion of the Gospel, in Albert Hall, London, on April 26th. The objeet of his visit to the Ol Country is to raise funds. ,_ , Royal Levees. London, Feb. 8.--Announcement is made that the King will hold levees at St. James' Palace on Tues- day, Feb. 23rd, and Tuesday, March 2nd, oa - a --. PREMIER KING THINKS WEST WILL BENEFIT Says His OCandidature in Prince Albert Will Bring Unity. * Ottawa, Feb. 8.--After a meeting of the Cabinet Saturday afternoon, Premier King, fresh from his cam- paign trip to Prince Albert, announc- ed that no appointments had been made and that he had no announce-| ment to make regarding the Govern- ment's programme during the recess. The Prime Minister is optimistic regarding his bye-election. His can- didature Prince Albert, he said, appeared to Wave a good effect on the West. It would prove to be a further 'step in the direction of national unity, and would help to lessen the feeling that the West was not get- ting its fdir share of "attention in the Federal Parliament's activities. Coupled with the legislation design- ed to benefit the West proposed in this year's Speech from the Throne, Mr. King expressed the hope that his candidature in a 'western seat would help to bring the East and West together. ; | KINGSTON LOCOMOTIVE COMPANY WILL MANUFACTURE COLORADO MINING MACH fINERY Sees Exclusive Rights for Canada--1ts Plat Well Adapted fr | the That the Fp a Will Be on a Manager Casey Sees Great Future for the Industry. Toronto Feb. 8--The Financial Pbst has the following in its issue of Saturday: "The growing recognition that Canadian mineral development is be- coming a well established industry is indicated by the entry into the mining equipment field in a serious way of the Canjpdian Locomotive Company. As the result of negotia- tions conducted in Colorado by Wil- liam Casey, general manager of the company, exclusive rights have been secured to manufacture and distri bute in Canada the full line of mach inery and equipment turned out by the Colorado Iron and Fuel Co. The manufacture of railroad motive pow- er equipment will continue as the company's principal business, "The Kingston company's decision to enter this new field' was only reached after thorough investigation. Its plant is particularly well adapted for the making of mine machinery, {and the management expects that be- fore lomg output will be on a large scale. "Mr. Casey is very optimistic about Mother And Five Children Saved From Busing Home Ottawa, Feb. 8.~When cries "for help brought neighbors to the house ofGeorge Herbert in East view Saturday night, they found. the building on fire and Mrs. Herbert with her five children trapped upstairs by the dense smoke, which filled the stairway. They were finally rescued from , the upper storey windows by means of ladders, JANITOR MURDERS RUSSIAN PRINCESS A Pathetic Tragedy--Young Woman Had Drifted Into Street Life. Moscow, Feb. 3.--Princess Obol- ensky, 23 years old, member of one of the oldest families in Russia, was found murdered Saturday in the snow outside a bath-house in one of Moscow's principal streets. Police say the murderer is the janitor of an adjacent house, and that he already has confessed his guilt. Behind the crime is a story of one of the mosts pathetie- tragedies of Russia's great social upheaval, going back to the revolution of 1917, be- fore which the gjrl's family was one of the proudest of the Czarist re: gime. When the Boisheviks seized power it is sald that the young Princess" the future of the mining industry in Canada, and this was perhaps the greatest factor in the company's de» cision to enter the field. "At the present time Canadian Lo- comotive is working on a tank order for the Aluminum- Co., of America, employing about 180 men. At capa city the company employs 800 men; during the war it employed at times up to 1,600 men. The company has recently had en- quiries from one of the railways for locomotives, ahd on the whole pros. pects for 1626 appear much bettes than for some time." \ The Whig has on several occ fons made reference to efforts being made by the Canadian Locomotive Company to enter the field of mins ing machinery manufacture. Last summer Major William Harty, Joy President of the Company, said that efforts were being made to get mine machinery contracts, but sufficlen ly large ones could not then be ured. Now, however, the Colorado arrangement will 'mean a great desl to the works here. ¢ Announcement has been mad the appointment of Ex-Mayor J Hughes of Kingghon, as. ge manager of the Canadian Nath Institute for the Blind, at Ottaw The news of Mr. H ap ment to this most governess, in whose care she had portant been placed, deserted her and p- | responsible. position will be ed abroad. Helpless, destitutd: and | With much pleasure. by his slone, thé Princess Obolensky, sev-| circle of friends in Kingston and thi eral of whose relatives have found | district. It is understood that V refuge in other lands, took shelter in | Hughes will take over bis one of Moscow's aumerous night asy- | shortly. lumns for beggars. Ex-Mayor Hughes was in + Later she drifted into a lite of the | Proom basineds here for mans 1 y streets, su from any- ing SEBport 7" cipal affairs, and had the honor one who would give her food ind L | todging. gle Der being mayor for two years, 1917 a z 1918, while previous to this NNER' WIFE DES OF aT |." ACTUAL STARVATION member of the Board of Trade. --- MHardohips "Suffered by| + tha Families of the Coal ; Strikers. C. Camm of Toronto conferred with members of the City Coudil Satur day morning and arranged Yor the change. Fifteen-minute service on the main streets of the city is being provided with a fare schedule of I: seven cents a ride, four tickets for' twenty-five cents. along the lines of legislation now in Ask Canadian "Roads for 15 pe existence in Manitoba and Quebec. Cam in Prince Albert. Wage Increase. Torani, Feb. 8.--Exteutive offi-|' prince Albert, Feb. §.--With or- cers of the Brotherhood of Rallway | gan "Trainmen and. Conductors have, on behalf of 18,000. members in Canada, demand on the Canadian MORE ALBERTA COAL. 25,000 Tons To Be Shipped From y Drumheller. 3.0 Gardiner and. ; D L.A. as the Principal speakers. prominen ent b,