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HomeMy WebLinkAboutThe Huron News-Record, 1889-05-22, Page 2fi. • The Huron News -Record di.i 0 a Year—e1.25 In Advance. tiaT The ztta.r docs not do justice to his Gusiness who spends less in ado:Wield than he does in rent.—A. T. STEWART, the ;naLio.aaire euerc.tavet or New York. WednesdaY. May Und. 1889 A RASH MINISTER At the Middlesex Assizes, Bixel against McDonagh was an action for libel brought by the well-known firm of brewers, of Strathroy, against Rev. Wm. McDonagh, a minis- ter, at "present appointed to the Front Street Methodist Church of Strathroy, where the alleged libel was committed iu n sermon deliver• ed on Sunday, Decomb•tr 3rd, 1888, and advertised during the previ•.tus week as a sermon on municipal tnattets, the title being "flow Barabus Got Out of Jail." There was a large -congregation present, and the different statements ebtiut• ed to have beeu trade by the defen- dant in the course of that sermon are :—What is beer 1 \Vhat is the filthy stuff tuado in this town 1 •Made out of the dirty canal water at the back of the town. What is beer'1 Look at the pretty stuff made in this town—made out of the filthy creek water at the'back of the tuwu. The beer that is manu- factured at the brewery is made from the dirty, rotten water that flows through the canal"—pointing in the direction of the creek that flows north of the brewery, called Bear Creek, or the River Sydeu- ham. "\Vhat could you expect when you will put a brewery duwu on this dirty casual, on a drain like that dirty canal, like this drain down there?" The plaiutiffs 'therefore claim damages, of 85,000. •> The defendant denies the words, and if he did speak them did so without any of the meaning attach- ed to them by the plaintiff, nod without that special meaning they contain no slander. He says Mr. Bixel and sou were nut tnanufac• toting beer as licensed brewers at the time, and Oscar 'Bixel was not the lessee of the business. The words aro not slanders but Lata tirle colnments on matters of public interest and the injurious effects of beer trade from such water as dos- cribed, and in support of his argu- ment against the liquor traffic, without personal application or malicious iutent, MI. Cyrus Bixel testified that he leased the business from his father, and the firm name was M. Pixel. & Son. Their wells were sunk in the. cellar of. the brewery, and . were twelve .feet• below the' collar floor, which was fourteen feet lower than the ground surface, making a total depth of 26 feet. The water was pure aud gond. To Mr. llutchinson—There was a row of stores on Front street, whose back promises were adjacent t) the brewery, aud those were some earth closets counected with them. Mr. Osler—Aro you going to set up that plea. Mr. Hutchinson—No, bat I want to show the jury the position of the premises. Mr.. Osler -=Well. bo honest. If you are going into that tont it on the record, and don't go insinuating what you won't say. Mr. D. W. Vary, ex -Reeve of Strathroy, said he attended the Front Street Methodist Church and hold a pew, but was not a member. He smilingly assented to Mr. Osler's suggestion that the discip- line was too stringent, or the chalk mark was drawn too far up on the floor for him. Ho was. at church on the Sunday evening in question, and heard Mr. McDonagh say "The beer which is drunk in this .town is manufactured or made from the water taken from the dirty canal," indicating, with a gesture, the creek at the back of the town. After the service was over the witness spoke to MI. McDonagh, and told him lie had been wrongly informed as to the water' they made the beer of. Mr. McDonagh re- plied that he knew what he was talking about, and decliucd to hear Mr. Vary. he drew was between slandering a person and slandering a thing. In this case, if any slander was uttered, it was against a thing, not against a person, and therefore the case should be dismissed. THE JESUITS--" MAIL" CASE. THE JUDGE ALLOWS THE CONSTITU- TIONALITY OF THE AOT TO BE TESTED. The Practice Court, Mont real, was filled, May 14, when judge Lorang- er took his place on the bench to give judgment on the motion to set aside part of the allegation contain- ed in defendant's exception to the form iu the case of the Jesuits vs, the Mall. The following is thefull text of the judge's notes :— Plaintiffs sue defendant, a print- ing company, proprietor of the journal, the Mail, for damages re- sulting front a libel published in said newspaper. Defendant pleads by means of exception to the form, that plaintiffs aro without right to appear in court inasmuch as they have no legal existence in__this coun- try, and the Act of the Provincial Legislature, 50 vie. chap. 28, by vir- tue of which they are incorporated, is ulira rims. Tho charges in sup- port of the exception are drawn up iu thirteen distinct counts. Plain tiff's make motion to have struck out counts 4, 5 6, 10, 11 and 13 which read as follow. (Next comes a recital of all the allegations al- ready uublished to this journal.) Plaintiff's ask that these allegations be set aside because they are INFORMAL, IRREGULAR, VAGUE, To Mr. Hutchinson—he did not take the words down, but would swear to them to the best of his belief. Messrs. James Taylor, L. H. Dampier, John 'Tallon and Jaynes Bogue wore the other witnesses called for tho plaintiff. Milner said ho put down the wells which were artesian, and the water was as good as could be obtained in the town. The others corroborated Mr. Vary's evidence, No witnesses were called for the defence, but Mr. Ilutchinson sub- mitted that the firer was not proper- ly named in the record. Mr. Osier remarked that was a trifling thing, done for the sake of precaution.' It did not -;concerti the defendants in any way. Mr. Hutchinson did not rely on that, however, but on the rule, for which he quoted precedents, that there was no case unless special damages were set up in the plead- ings and proved. Tho distinction J indeterminate and not sufficiently detailed Defendant, as a pre- liminary answer to this motion, opposes, article 144 of the code of civil procedure, which declares that no formula is required for pleadings and contends, in the second place, that plaintiffs cannot attack the ex- ception of the form by a motion. As regards the objection taken from article 144, it is not serious. This article refers to the form only by pleadings, but dogs not dispense from the obligation of clergy setting forth the right of action or the means of defence. Plaintiffs, iustead of joining issue on the exception to the form by an answer in law have made use of the more summary proceeding of a mo- tion, and I believe that' THEY MUST BE ALLOWED to do so, if, however, it be true that the allegations of the exception to the form are vague, indefinite and uncertain, this anode is adutitted,iu the practice of the Bar'of Montreal and has nothing in it repugnant to the rules of sound procedure.. It is important for the expedition of business that the courts be pladad in petition to adjudicate sutnmarily uu proceedings„which ori their face are fhivoloust ur considered useless” fur the hearing of the case.' Here there is only one question at issue, viz., that the Quebec Act, 50 Victoria, chapter 28, is uncon- stitutional, anything not evidently tending to show it, must be con: sidered as an element foreign to the. case. Tho same applies to vague and indefinite allegations which leave the adverse party in an uncer- tainty as to the choice of pleas, and do not allow of a plea being made on a sound basis. Moreover, in the present case WE HAVE TO DEAL . W IT1I AN EXCEP- TION XCEP- TiON to the forth where plaintiffs' right to appear in court is questioned, and it is indispensable, when the right of one of the parties is denied, that anything pertaining to such right should be specially set forth. .The propositions of defendant, although worded in different ways, can iu reality be reduced to a single one, viz, that plaintiffs' act of in- ccrporaition is unconstitutional aud. ultra vires. Outside sof the three first allegations, which clearly' set forth this proposition, the rest of the exception to the roan is merely matter of argument. They are so many propositions resting on facts which defendant sets forth in sup- ' port of his pretensions. I shall take therm op in the order in which they have been proposed, to see if they aro sufficiently detailed to allow plaintiffs to answer them. The first part of the fourth pro position is not susceptible of opposi- tion, that part only which refers to THE VOWS PRONOUNCED by the members of the Society of Jesus, and 1he rules of this society being susceptible of such opposi- tion. Defendant alleges generally that these votes and rules do not allow the members of this society to have any civil rights in the Province, and to form part of a society in- corporated under the laws of this country. What ate these vows, what aro these rules anal in what are these vows and rules iucompa- tible with the Act which has con- stituted the Society into a corpora- tion or with the duties and ftinc- tions of the members of this corpora- tion 1 This is what defendant has omitted to say and what plaintiffs certainly HAVE A RIGHT TO KNOW in order to 11e in a position to make a• .ot1 tu•+!iituu.hr.} :,-uo .1w,tc,.�eµktr i� a safe defence. It has been pretend- ! ed that plaintiff's were held to know 1 their rules and it was admitted at the same time that all these rules were not bad and incompatible with the Quebec statute. It is true that plaiutifa are hold to know their rules, but defendant is also hold to indicate to thein such of these rules which he holds to be contrary to law, especially when he admits that they are not all such: The allegation of a vow of abso- lute and passive obedience to the Superior General implies is its form nothing repugnant to the power which the Legislature had to incor- porate plaintiff's, and supposing it to be true, as defendant admits, that the members of the society have no civil rights in this province, it does not follow that the Legislature ex- ceeded its powers in granting them, at their own demaud, the right to acquire and .possess such rights in the future. Unless it were express• ly declared in what these VOWS and rules are contrary to the law of the country, it was useless to drake: this allegation, which ou its very face is insufficiout to support defendant's main preposition. THE QUEBEC AUT is the law of the country and must bo recognized as such until the courts have decided otherwise. Defeudant attacks it as being ultra wee and it rests with frim to clearly set fol:th his pleas, especially when such pleas rest in pact on matters of fact. The same reasoning applies to the whole of the Gth allegation, and to the last part -of the 6th and 10th allegations as to what concerns the rules of the Society. For the saute reason the whole of the 1'lth allegation must be set aside as being vague. indefinite and in no way particularizing the ends= of the Society. , Ln the -13th allegation it is said that the'ouds of tho'society are the teaching and promulgation through- out the world of the doctrines and principles mentioned in certain books (exhibit A.) among which is the work of Paul Bert, entitled La Morale des Jesuits. In our'systeul of procedure the documents in support of written proceedings are considered to form part of the pleadings themselves, and the par- ties are called to answer same by the very tact of their beiug intro duced iuto the record, when said documentsa1.0 pertinent. But the same applies to these documents as to the pleadings themselves. THEY MUST BE PERTINENT 011 the whole and it rests with the party producing them to show it. It Fe not sufficient to say, "1 accuse you and you will find the. proof of my accusation in such book or such document which I filo in support of toy charge." Unless such book or document contains, on its face, an entire and clear statement of the. 'charge made, well defined and void of all .ambiguity, . such 'docuritent will bo put out of the record on motion. In the present case, five books have been produced, one:of which La Morale des 'exude, is Merely a reprint in one book of the treaties 'contained in the four others, with the exception of a few additions which are important with respect to the question -of procedure sub - !netted to the court. Tho author declares that there aro among the texts which he has re- produced a great number proposi- tions that he is ready to sign. He has added to the texts contained in his hook a certain number of notes, the object of which, he says, is to show the persistent harmony of the present doctrine expounded by Gury with the principles of th.r ancient Jesuits. Ile:rias also added a work circulated in the south of France and having for its object to com piete the work of the Jesuits on one point ; this is a dissertation by Abbe Rousselot on the 6th and 9th precepts of the Decalogue. The book contains, besides speeches, delivered by the author in the course of the debate on liberty in superior education before the French Logislative Assembly in 1879. Plaintiffs are called to de- fend themselves against this book as well as against those that accompany it. Plaintiffs are charged with teaching the doctorins contained in those books, doctorines which aro said to bo CONTRARY TO TILE LAiys of the Empire and of the country and subversive of morals and of the fundamental principles of all civil society , and all that to prove that the Quebec Act is uuconstitutional. What are these doctrines and where are they to be found 1 Is it in the book of Paul Bert La Morale des Jesuits or in the text of Gury, which the author has translated and condensed? If it is in the book of Paull Bert, plaintiffs have certainly the right to demand that the con- demned doctrine be clearly indi- cated to them since that hook con- tains parts foreign to the text trans- lated, among others the doctrines held by the author himself, and which he, adutits to br,..acondemns applied. Cloau about three -quart - tion of this text. Surely plaintiff's ers of ati yard at a time, and let it elnnot be called to defend them become thoroughly dry; before it is against the speeches of Paul used. Brussels and velvet carpets Bert before the French Perlia- may be washed while on the floor, trent, and nevertheless, this is but great, caro should be taken not virtually a.+keel of them by intro- to let the wttor soak through. clueing, these speeches in the record as a document of procedure. if it is the text itself of Gury, which plaintiffs must answer, they have equally the right to demand an in dication of what ace the documents snbversive of morals and the laws of the country which that author teaches and which the Society of Jesus has accepted as a basis of their own teaching. ALL ARE NOT CONDEMNABLE, the author of La. Morale flea Jesuits admits it, and declares himself ready to sign many of them! Which are, then, the doct►ines to be re- pudiated 1 Defendant was hold to say so, otherwise it cannot be known where the fault lies aud plaintiffs cannot be called to defend them- selves against any accusation which is nut defined. The introduction of these books into the record without any other explanation than ;the vague aud goneral4ussertiou ,that they contain doctrines contrary to the laws and to public ttto:ttls is an entirely irregu- lar prbceediug aud one contrary to practice and the rules of procedure. The question was fur the present to judge a question of procedure only, which in no way implies the merits of the cr,se. Defendant has the right to plead by exception to the form the unconstitutionality of the act of incorporation of plaintiffs, and THE COUIt'l' IifAtNTAINS than part of the exception, and that by which he alleges that Lire Quebec Act is contrary to tilt laws of the Empire its force in this country and to the Act of Ieitish Nort'lt America, lint rejects as being ou their face vague, uncertain, indefinite, with- out precision, and frivolous as re-. gauss the 13th count, the allegations having reference to the vows and rules of plaintiffs, and to the .books filed iu support of the exception. The judgunint is drafted to this.et'- feet, , Defendant will appeal from the ,judgment PHYSICAL FORCE VS, MORAL S U.AS IGN. When a woman has a len to drive into a coop she takes hold of her skirts with both hands, shakes them quietly at the delinquent, and says "Shoo, thorn 1" The hen takes one look to assure herself that it is a woman, and then stalkes majestically into the coop, A ntan doesn't do it that way. I -Ie goes out doors, saying :—"It's singular nobody can drive a hen but me!" and picking up a stick of wood hurls it at the offending biped and yells, "Get in•there, you thief 1" The hen immediately loses her reason and dashes to the other end of the yattl. The man plunges after her. She cotuos back with her head . down, her wiugs out, and followed by a miscellaneous assort- ment of stove wood, fruit cans, clinkers, and a very road man iu the rear. 'Then she skims uudor the barn and over a fence or two and around the house, back to the coop again, .all the while talking as only an excited hen can talk, - and all the while followed by things convenient for throwing, and by a Man whose coat is on the sawbuck, whose hat is on the ground, and whose perspiration is limitless. By this time the other hens have come' out to take a hand in the debate and help dodge missiles. The roan vows that every hen" on place shall be sold at once, puts on, his batt and coat and goes down town. Tho woman comes out, goes right to work, and has evory one of those hens housed and counted inside of two minutes. HOUSEHOLD. THE THOROUGHBRED HORSE. One of our readers, in a personal letter, asks if we are not inclined to favor tho thoroughbred horse too much. The reader referred to is in- terested iu breeding horses, and is an admirer of. the American trotter. Our correspondent is right iu think- ing. we like the thoroughbred horse; as 'to whether we favor it too much, that is, more than its merits entitle it to, is a question we should decide in the negative if compelled to an- swer. But we have no doubt many would take the opposite side of the question, and especially those who look upon the thoroughbred as au animal whose only usefulness con- sists of his advantage as a machine for gambling. It is too, true many who aro engaged in the breeding of the thoroughbred have only that end in view, and if his usefulness only extended to the atuount he could wiu ou the turf we would not care if not another one was ever bred. But let us look at the thorough- bred apart from his qualities as a race horse. In form he is a model of strength allied with beauty. His courage is equal to any emer- gency, and his gameness will snake hits struggle to the death. His bone is the densest and hardest given to any breed ; his tendons and muscles the strongest and most elastic. He is bred so as to make hint the most prepotent of all do- mestic animals. 'There is no one conversant with the various breeds of horses who will not acknowledge the thoroughbred • to be possessed of these qualities to a greater degree (hon any other fancily of the horse. And here is whore his true useful- ness lies. The qualities bred in him for a century and a half he has the power of imparting to his progeny to a wonderful degree. To the fourth generation his blood will assert itself'. He can bo used therefore to give to other families cif the horse the qualities for which he is noted and which: they lack, And nearly every breed of any prominence owes something to the thoro•Ighbred.. The French coacher is nearly a thoroughbred, as his pedigrees published by the import - .ors conclusively show. The Cleve- land Bay derives his best qualities from the same source, That truly Atuericau horse, the Morgan, is largely thoroughbred in its origin ; and when we comp to the American trotter, consider how much he owns to the fountain to which the others are so much -indebted.. Take nut 'Messenger, Mottled and Trusted, all imported English thoroughbreds, and where would the American trotter stand 1 Take the trotting families 'of to-daffy—Halnbletonians,• Clays, Mambrines, Golddusts, Pilots and, Morgans, and does any one be lievo it possible that they would be what they are to -day without the help of the thoroughbred? It is the source to which to look for the highest speed and'cnurage, the most intelligent and the longest lived of all the families of the horse. Tho system of breeding which has made the thoroughbred what he is is being followed by the breeders of the American trotting horse, with the added advantage, through the extension of the art of printing, of having the records of their work imperishably preserved. The trot- ter is every day getting neater to the thoroughbred in its ability to impart its special qualities to its progeny, and when it has reached that point it 'will have got close to its ultimate lituit. Yes, we like the thoroughbred : and we have never yet seen a class of horses which his blood, did not improve, whether it was intended for the carriage, the plow or the road. Why should we not admire him 1 —Mielri,a0 Farmer. Soiled coat collars can be rubbed with ammonia, and then a woollon cloth laid over aud a hot flan iron held just over the cloth to steam it without pressing. In cleaning oil -cloths use no soap or scrubbing brush ; but wash oil' the dirt with water find flannel. Thou go over with milk, and rub with a soft brush till dry and shin- ing. An old English recipe -book says oilcloth may be restored by molting half an ovuee of beeswax in a saucer of turpentine, and rubbing the oil- cloth with the mixture, then rub with a dry cloth. now To CLEAN CARPETS. For a carpet of about twenty yaids or so, take a pound of hard white castilo soap and scrape fine. add a quarter of a pound of wash- ing soda, and as much spirits of turpentine as will bring it to the consistency of dough ; make it into a ball. When it is tint° to clean the carpet take a pail of clear hot waiter and a large flannel cloth ; wet the carpet with the flannel, then rub over with the ball of soap, and wipe off' the soap with the flannel wrung as dry tis possible. If tho carpi -it is very much soiled a scrub brush may he used. after the soap is CHAR CHASE PING DE- FEATED. 131t'Ol2TANT DECISION FOR THE CIIIXESE BY THE U. S. SU- PREME COURT. turn, it eousitlete, affirms the power of Congress to abrogate a treaty, citing authorities of the courts on the subjects, holding tat the pro- priety 0f such action is nut a matter for judicial eoguiza►uce, but that it. is a matter for the political depart- ment. Tho power of Congress to exclude aliens from the country whose presence is inimical to our interests is also affirmed, and it recites the declaration un that sub- ject of the different secretaries of state. It examines at length and answers the various objectious of the legislation. Tho opinion of the Court is unauflnous. • HAVE MERCY ON 'TILE 11014S15S. As the spring work begius. re- member that hotses feel the heat as much ur more than the do, as, if we become burdened, we can easily lay aside our heavy clothing autl sub- stitute that which is lighter. 'Lha horse con not always du this, fur although nature proclaims that animals "shed their coat" in the spring, yet it is often the case that trio burse does not part with his heavy coat of hair Until late in the season. Thou, too, do not hurry him too much. Ilow would you relish being urged continually at your work 1 when limbs aro grow- ing weary and exercise and suu- shine combined to briug the per- spiration starting front every pure, to have a whip• flourished around your ears, while setae ono who held - the reins of power shouts "Get ulr."• How good it would be to stop aud rest a minute to "Get your breath. Perhaps when that. corner is reach- ed you will hear the welcome "whoa." As the corner in neared you involuntarily slacken your pace expecting 'to be allowed to• stop.. But no, instead is heard the cotct- titt ncf to go ou, enforced •quite likely by a whiz ofbiio whip. - Then when you hitch up to go 10 town, dou'Caexpect to make a first- class carriage horse out of ono that bas been working on the plow all week; and pull his head in the air and expect hitt to trot off as lively as 0 colt. .such of the cruelty practiced upon farm horses (and it is nothing less)is the result of thoughtlessness, and pages might be written ou the subject. How often are the horses jerked and yelled at in cultivating, only making them- excited and in- capable of performing their work as ,well as they would if handled quietly and gently \Vashington, 1). C., May 13.—I"h the Supreme Court to -day the case of Char Chase Ping, a suit brought to test the constitutionality of the Scott Chinese exclusion late, was decided this morning., This was an appeal from the United States.. Circuit Court of California. The appellant was a resident of the United States and under a previous law he obtained, front the collector of the portat San Francisco, a certi= ficat•e granting hint the right to visit China and return to the Unit- ed States. During his absence from the country the Scott law was en- acted, and, under its provisions, his certificate was cancelled. He brought suit against the collector at San Francisco to compel him to honor it. The Supreme Court af- firmed the validity of the law. The opinion recites the different treaties between the United States and China, the legislation of Con- gress, the effect of Chinese labor upon California, the competition between Chinese and American laborers, and the disturbances fol- lowing from their presence. The laws of Congress of 1882 and 1884, requiring evidence of former resi- M11. ROSS' LORD'S PRAYER. \\'e are told that in the latest edition, of the Ross Bible the Lord's prayer hats been re -revised, aud the words "for • thine is the kingdom and the power and the glory" have been restored. Mr. Ross seems to have a mania fur correcting and ascending that particular prayer. It will be remembered that every time ho makes an improvement upon it a now edition of his Bible is issued which roust be bought at a dollar a' copy. One would think that so talented a man as Mr. Ross would have been able at the first attempt to put the prayer into such shape as to snake it fit for children to read. But he appears to be hypercritieal about it and to keep• tinkering at it all the while. It may be remarked thatho Spec- tator did not say that the words "for thine is the kingdom and the power and the glory, for ever. Amen." had been otnmitted from earlier editions of the Ross. Bible.. The word "amen" was retained,. though it is not in tho vatican manuscript. Mr. Ross made a patchwork of the prayer. He did not give it as it is in the King James authorised version, as it is in the -revised authorized version, as it is in the American Bible Union version, as it is in Sharp's translation, as it is in Stephens' Greek text, as it is in the manu- script known ars the Sinaitic, the Vaticanua, the Alexandrinus, or any other of the old Greek texts ; he did not give it as Erasmus gave it. Now where did he get hisprayer 1 He simply patched it up as George Washington Ross and' the Late Archbishop Lynch thought would be about right. At all events, •1►e has had the grace to return to the authorized version except that he retains the word "who" for "which." That is, we believe he does, but amendment follows amendment so.. rapidly iii• Mr. Ross' Lord's prayer that it is hardly safe to say what its present condition may be. Toronto Week : Mr. Parnell's friends of the better kind roust brave been rather taken abick by his frank and apparently shameless admission of falsehood in his cross- examination the other day. Cons scions, wilful falsehood in a deliber- ate statement on the floor of Parlia• meat, where: the highest ureas of honour are supposed to prevail, is a violation of one of the fundamental canons of political morality that will not really he forgiven or forgotten deuce from. Chinese laborers who.,, the nation, even should it he by left the country 0111 sought to re- partial politicians. A i;"I.a.sr.,2�•tr.�r3�rf%t?:arte�tkkm�+a.e�+at.4kaa?,.,�:.�r.�' r a y p�,:x b t f, tnarar+.atl 1«�ccays.��. a.�=.�n 45t�w,n �t.11., �w�ati,;i«:�sat;w�,..,��'tcv�. Yr ....:kt41 1