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ee Noerenem ereammanea Teena aes eareaa as ome ae I Se ak SOE se 26 THE OSHAWA TIMES, Pridey, May 22, 1964 JUDGE WONDERS TOO How Could You Tell If Dead Duck Wild? OTTAWA (CP) -- Does the Supreme Court of Canada have the right to determine whether a dead duck is wild or tame? This issue faced the court 'Thursday in an appeal case con- cerning the right of Indians to shoot game birds out of season. The case involves an appeal by treaty Indian Michael Sikyea of the Yellowknife band near the mining town of Yellowknife, N.W.T., against his conviction for shooting a mallard duck in May, 1962, contrary to game regulations. He was fined $10 and costs. ¢ j | Sikyea appealed his conviction successfully before Mr. Justice H. H. Sissons of the territorial court of the Northwest Territor- ies. Mr. Justice Sissons quashed the conviction on grounds that the Canada - United States- Mexico Migratory Birds Con- vention Act of 1916 dealt with the indiscriminate slaughter of birds and had no application to treaty rights enjoyed by Indians to hunt for food. | However, Mr. Justice G. G. Johnson of the territorial appeal) court reversed this decision and tory bird regulations infringe on Indian treaty rights, Indians who shoot birds out of season are breaking the law. THROWN INTO TIZZY The court was thrown into a legal tizzy Wednesday when the judges noted that Mr. Justice Sissons had said in his judg- ment that there was no evi- dence to prove the mallard shot by Sikyea was a wild bird. They said that unless the duck was wild Sikyea could not charged with violating the mi- gratory bird regulations. ° Mr. Justice Sissons had found as a fact that there was no evidence that the duck was wild. There could be no appeal to either the territorial appeal court or the Supreme Court from a finding of fact. The two courts had jurisdiction to hear appeals only on errors in law. However, D. H. Christie, coun- sel for the attorney-general of Canada, who is opposing Sik- yea's appeal,' argued Thursday that the question of whether the duck is wild or tame is one of law. He said a number of British judgments supported his argument that a Canadian ap- peal court has the right to de- termine whether a bird is wild or tame despite ary type of be/ evidence before a trial court. | William Morrow of Edmonton, | counsel for Sikyea, said he was prepared to admit that the duck his client shot was wild. The court reserved decision on whether it has the right to hear Sikyea's appeal and agreed \to hear evidence on the main | issue. Pearson Meddles With CBC: Fisher By M. McINTYRE HOOD -Special to The Oshawa Times. LONDON -- Although he is no longer in office, and will not be a candidate for the Bromley constituency in the October gen- eral election, Harold Macmillan is like an old war-horse champ- ing at the bit and eager to enter the fray. He is desperately keen to make a political come-back, not for any personal. reasons, but in order to place his ex- perience and prestige at the disposal of the Tory party in its bid to remain in office. The Con- servative campaign managers are now wrestling with the prob- lem of where and how Mr. Mac- millan's services can be used to the best advantage in the elec- tion campaign. Mr. Macmillan is quite pre-| pared to go on the hustings, and would like to start off by mak- ing one or two speeches in se- lected constituencies. He has, in fact, shown his willingness to speak for_his party by address- ing a by-election meeting at De- lvizes. This was his, first outside political engagement since he retired last October. And it was one he could not have accepted had he still been prime minis- ter, because there is a sort of unwritten law that prime minis- liters and opposition leaders do jnot intervene personally by] d : on | MacMillan Back In U.K. Politics speaking in by-election cam- paigns. In addition te making a limit- ed number of speeches in se- lected constituencies, such as Bromley, his old seat; Halifax, where his son Maurice is the Tory candidate and Preston, being defended by his son-in- law, Julian Amery, the Tory campaign managers have other ideas for making use of him, It is quite possible 'that he might be asked wo assume the "elder statesman'"' role as an adviser attached to the Conservative Central office. This would give him a post of some importance at the party headquarters while the Prime Minister, Sir Alec Douglas-tiome, is touring the country, SOME 'DOUBTS It -cansot be 'said, however, that this' scale of participation 'by Mr. Macmillan in the elec- tion campaign will be welcom- ed with unreserved enthusiasm throughout the Conservative party. Some of the cabinet mem- bers would be better pleased if he stayed out of the cam- paign entireiy. They fear that to have the former party leader playing too prominent a part in the campaign might be a bit confusing to many voters, But their greatest fear is that Mr. Macmillan might detract from the massive projection which is planned for Sir Alec Douglas- restored the conviction. He said) OTTAWA (CP) -- Accusations} Would Mr, Pearson guthorize| in effect that while the migra of interference by Prime Minis-|the use of the film by some} | ter Pearson with CBC plans tojother broadcaster, Mr. Fisher) Van Doos Tak Two Houses |Home between now and - the| To Widow Ot Scientist NEW YORK (AP)--A judge Thursday approved an award of $645,000 plus interest to the wife of a chemist killed in an air- plane collision over New York City on Dec. 16, 1960. ; The settlement was the larg- est single amount ever in a death case, said William F. X. Geaghan, counsel for the wife, Edna Kamlet. ' Her husband, Dr. Jones Kam- let, one of 134 persons killed:in the accident, was credited with developing a tablet for diabetic diagnosis. He was 46 and had a consulting firm. \ Under terms of the settlement, approved by a state supreme court justice, Henry. Clay Green- berg, United Air Lines would pay $402,118; Trans World Air- lines $98,881, and the U.S. gov- ernment $144,000. The lines operated the planes involved in the collision. The U.S. government was named as a defendant also because the Federal Aviation Agency had been issuing instructions to the planes at the time of the crash. Toledo, Jr., vice-president and fina Ltd., said Thursday the to- the relationship some might;those assault to. 'wish between cigarettes and) He predicted that lung cancer." of the coming decade, . Toledo said it is.the in-|consumption will have dustry's duty 'to counter andjto a minimum of 3 resist the assaults hurled at us,|units, a growth of e "-.rhen we believelfrom. present volume, GLECOFF'S 174 RITSON RD. SOUTH OSHAWA | Open Daily 8 a.m, to 10 p.m. SPECIALS ee pee ' nr. Toledo, speaking to the] In Our CLOTHING and HEALTH AIDS DEPT! -- National Association of Tobacco ' } : and Confectionery Distributors a convention, said the report was ee "only the most recent in a long line of attacks that began with King James in 1604." | He said he would not attempt a "passionate rebuttal" of the report as it would be fruitless for a person representing a part of 'the tobacco industry to com- ment on the report. "I am con- vinced though, that there is not U.S: Report Shook Trade In Tobacco MONTREAL (CP) -- Antonio paths Oe director of marketing of Benson and Hedges Canadian Tabaco- bacco" industry was "rocked sharply" by the report of the advisory committee. to the sur- geon general of the United States. which linked cigarette smoking and lung cancer. However, he -said «cigarette consumption in Canada, set back almost 15 per cent in Feb- ruary this year, will recover to a rate exceeding that of 1963 by the end of the year, CAREFREE ills. we sie 458: ROUT INSECT oa. pee Re REG, / a se 45° REG. The settlement was reached after a jury last February re-). turned a $600,000 verdict against United. Some 60 other cases resulting REPELLENT STIC ; oo 73° a PHILLIPS MILK OF PEANS SRVSCRAPER Mitten LABLETS . 2 750000 weeny bulsng| LADIES' BLOUSES j2.98 © SMARTEEN'S TAILORED . : to house its parliament in Bonn. settled without trial. for a total awards estimated at more than $5,000,000. from the collision have nae 1 LADIES' BLOUSES 0.2.98 Minister Says. Mail From Jail Held7 Days -- VANCOUVER (CP) -- Justice Minister Favreau said Thursday) the human rights of a prisoner! lof his predecessors election date. There might be comparisons between the speeches of Sir Alec and those in - office,. DEATHS and Mr. Macmillan is by long) By THE CANADIAN PRESS odds more effective as a plat-|. Woodstock, Ont. -- Spencer form speaker than is the prime) Hunter, 75, editorial staff mem- minister. iber of the Woodstock Sentinel- Mr. Macmillan, however, is)/Review for 43 years, following available, and willing, to do allja heart attack. SMART WOMEN ,.. have their carpets and uphol- SWIM SUITS 'i: ENTIRE FAMILY | Girls'... Boy's... Ladies'... Men's j Christina Models 'Suns trom 9.98. Christina Models From 398 FOR THE GIRLS' | broadcast a television film docu-| asked. From Snipers e& mentary about him were made), Py oe Py in the Commons Thursday. yi DON'T CENSOR' z Mr. Pearson, in effect, denied} id ° ens Y ee camed ey this them in replying to a string of| Side of the House, retorted the Opposition questions about aj P!me minister. He conceded that he had seen NICOSIA (CP)--Canadian so diers of the United Nations 'force took over two houses in the no- man's land in the Nicosia sub-| urb of Trakhonas Thursday l- jected by the publicly-owned corporation. Douglas Fisher (NDP--Port |Pearson or his advisers refused| to approve the film and thus film made by an independent i | producer for the OBC but re-|®@ Private showing of the film! after persuading the Greek. Cypriot combatants to leave. prevent the CBC from using it. Maj, Bob Theriault of Quebec) That, , said it required "patient effort") WS 8 matter between the OBC to get the Greek-Cypriots to|#%d the producer. leave their posts on the 80-| called green line, between the} cmoning Grociot tors. | GoUrt Declares our ae land in the dis-| is it the width of -one} narrow street. On both sides of| Alber tan Act the street fly flags of the em- ao battled Greek-and TurkishCyp-| Is Not V alid riots, showing where they have) Turkish - Cypriots who bad|,,CALGARY (CP) -- Alberta's moved closer to the line by tak- Fraudulent Preferences Act has ing over abandoned homes '| sn ye sn atte ig ee TE vost een | Alberta Supreme Court. Cypriot leader said he had re-|_ A government official said in ceived orders from superiors to Edmonton it was possible the remain on the spot, however, |uling might be appealed. pending outcome of negotiations} The act, 22 years old, pro- between the two sides on a sug-|Vides all payments to creditors) gestion fom the United Nations.) made a full year before a com- The UN has asked both sides|pany becomes bankrupt should to move 100 yards back from the| be returned to be divided among line. creditors following bankruptcy. A Canadian platoon from B; Mr. Justice Milvain said the of the Royal 22nd Reg-/act was ultra vires of the pro- iment is stationed in the drea.|vincial legislature because it in- area. vaded federal government sphere of authority. TRAIN WITH U.S. FORCES | The case involved Guelph En- CANBERRA (Reuters)--Aus-/gineering Company, which had) tralian troops are training with|received payment of $35,000 United States forces in Okinawa,|from McIntosh-Marshall Equip- defence sources disclosed Fri-/ment Limited one year before day. The sources said 70 men of| McIntosh the Autralian Army's special) bankruptcy. air services company were mak-| The bankruptcy a U.S. Army airborne battalion.junder the Alberta act. | but denied an allegation of Erik | Nielsen (PC--Yukon) that there jwere five screenings in his of- | Arthur) aske@ whether Mr.| fice. He said he saw the film: in |} OBC studios in Toronto. | Mr. Nielsen also asked when replied Mr. Pearson,| CBC policy was changed to per-| | mit Mr. Pearson to edit and re- | view films before broadcast. | Speaker Alan Macnaughton | stepped in'to rule further ques- tions out of order and Mr. Niel- sen gave notice of an adjourn- ment debate on the questions of OBC policy about editing and en special screenings. DIEF ASKS QUESTION Opposition Leader Diefen- baker asked "what business was it of his" for Mr. Pearson to review the film, and whether anyone in Mr. Pearson's office had told the CBC the film "had all the appearances of a horror movie." Mr. Pearson said the CBC it- self had declared that no pres- sure had been brought to bear jon it by any member of the | government. "Under what circumstances did this preview take place?")| Mr. Diefenbaker asked. | Mr. Pearson said the pro- ducer took the initiative in showing the film to the prime minister. | AIR BUS STOP | PRESTWICK, Scotland (CP) A scheme to develop Prestwick) } stop" transit terminal for busi- trustee re)nessmen's aircraft is being pre- port to another. This would not| ing joint jumps in Okinawa with|quested return of the payment|pared by the Prestwick Airport) apply east of the line, in the!) -- Department Association. | in the British Columbia _peni-| tentiary were violated when a/ letter from a member of Par- liament was held up for seven} days. | "T see no reason why the let-| ter should have been held up, he said in an interview. "An I see no reason why. inmates should be deprived from com- municating with MPs." Mr. Favreau disclosed t the letter had been held up in a written reply to Frank How- ard, New Democratic Party member of the Commons for Skeena. He refused to name the prisoner or the writer of , the letter. »/ 'All-Canadian~ Coastal Trade | 'Shipper Urges OTTAWA (CP)--An all-Cana- he can to assist his party in| what will be the toughest elec-) tion campaign since 1951. The problem of the campaign man- jagers is just how they can make| Professor James the best possible use of that wil-|German-born Vancouver--William B. Bur- nett, 94, known as the '"'grand) old man" of B.C. mining. Goettingen, West Germany-- Franck, 81,| We Cash Baby Bonus and Pay Cheques SHOP & SAVE AT GLECOFF'S Free Citv Wide Delivery . .. Free Parking @ OPEN DAILY TILL 10 P.M. @ stery cleaned 'The Safe Way' by DURACLEAN 728-8518 hat dian coasting trade was advo-| cated Thursday by- Upper Lakes Shipping Limited. George F. Bain, the com- pany's vice-president of »."1-| ning and development, told the! 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