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THE OSHAWA DAILY TIMES, THURSDAY, OCTOBER 4, 1928 Counsel for Provinces Hints Dominion Trying To Put Something Over - 4 Water Power Reference Call- ed in Supreme Court Con- tains a Thousand Pages of Historical and Statistical Data--Claims Matter is Entirely Irrelevant and That Argument Based on Same Should Bs Disallow- od Ottawa, Oct. 4.--Ontario clashed with the Dominion Government im- mediately the water powers refer- ence was called in the Supreme Court of Canada Tuesday, when W. N. Tilley, K.C., of Toronto, counsel for the province of Oniario, protested against the submission by the Dominion of an appendix to the federal factum containing near- ly 1,000 pages and including histor- ical and statistical data relating to the waterways of the Dominion, Mr. Tilley did not object so much to the data being made available to the Canadian tribunal hut he feared they would be transmitted to the Privy Council in London as part of the record of the Supreme Court of Canada, It looked as if the Dominion was attempting to steal a march on the Provinces, or, in the parlance of the man on the street, to 'slip something over" them, Mr, Tilley pointed out that tho voluminous appendix containc e See the Newest Styles for Autumn in Ladies' Coats at FASHION SHOPPE 84' Simcoe St, §, Phone 3083W showing when roads were built, statistics relat- ing to traffic om Canadian and other canals, the report of the joint board of engineers om the improvement of the St. Lawrencd waterways, maps, extracts from Legislation, and a score of other things which were quite irrelevant, in his opinion. It was quite com- ceivable that the Dominion counsel proposed. to base some argument on the facts disclosed by the docu- ments in question. Too Vague, He Thinks The provinces had taken the ground, he said, that the questions submitted to the court should have been put in more concrete form and not in the general form they were put in. In other words, if there was to be a real showdown as to who owned the water powers on navigable streams, the questions) should have been more specific. In view of the character of the questions submitted to the court, however, the Provinces had ad- dressed themeslves to the law on- ly, and his submission was that the court should order the appen- di to be stricken out. Were it al- lowed to go.in it might be used as part of the record of the court in an appeal to another court. Mr. Tilley said the provinces ha® been presented with this 900-pag:* appendix at the last moment with- out any previous intimation from the Dominion representatives that anything of the kind was being done. "Our factum was drawn without any knowledgee that an at- tempt was being made to "introduce such matter as is contained in this appendix as evidence," he said. If there were to be any facts pre- sented, they should be in the ques- tions, and form part of he case, The appendix was misleading and would be more misleading as the case proceeded. He submitted correspondence that the questions put to the court REPAIRING If your Watch 1s not giving make it tell the correct time FESR Ea should be amswered without re- gard to what was contained in the appendix. The data were mot rel- evant and pot matemal to this in- quiry, he comtemnded. Supported by The Oatario counsel was sup: ported by Eugene Lafleur, K.C.. of Montreal, speaking for the prov- ince of Quebec. "This is making up an ex-parte case," said Mr. La- fleur. referring to the appendix. He added that the Provinces had had no opportunity of verifying the information contained in the ap- pendix, which had been thrown at them at the last moment. It might have an effect in another tribumal which it would not have in this court. He thought the Provinces had a right to be consulted as to what was to be included. «I support the objections taken." observed Hon. E. B, Ryckman, K. C.. of Toronto, counsel for British Columbia. "The only object of this appendix is to influence the answers." Mr. Tilley also complained of the nature of the questions submit. ted to the court, declaring they were too general and bald in form. Mr. Justice Smith -- Are we to deal with the case as If we had no knowledge of these rivers? Mr. Tilley said Ontario took the ground that the questions coul. ot he answered without that knowl. edge. "We asked the Dominion 'Are these questions to be answered without regard to facts?" Court Must Note Facts Mr. Justice Duff--There are cer- tain facts of which the court must take judicial note, Mr. Tilley--We don't neel those in the appendx, and I ask thal the whole appendix he steicken out. Chief Justice Anglin -- For the convenience of the court the stati- utes are put in this factum. Mr. Tilley -- This whole book should not be part of the record. It's a serious matter if this appen- dix 1s certified as part of tha rec ord. Hon. N. W. Rowell, K.C., of To- ronto, counsel for the Domininn Government said they had no rec- allection of any request from the Provinces that specific questions should be asked af their Lord- ships, There was na difference of opinion as to tha form of the questions, Moreover, tha Domin- jon had asked the Provinces if they would join in preparing an appendix. Mr. Tillay -Nevar WATCHES SPECIALTY satisfaction we can repair and D, J. BROWN THE Official Watch inspector for awa Railroads, JEWELER Canadian Naticnal and Osh- Phone 180 Quebec counsel ulso dissentel, Mr. Rowell--My recollection is not in accordance with the others, My instruztions fram Mr. Paxton (of the Departmeat of Justice) are that a letterwas written asking the provinces to join in an appendix, He nr'ded that the appendix and' the maps had h:3a nreprred only convenience of the court. Mr. Just'ce Duff pointad out that but might not light of later | for the public documents, he complete in the developments. Mr. Rowall sald the Dominion Junior Sizes 13- All Sizes As Follows: Misses' Sizes 16-20 Ladies' Sizes 36-48 THE FAIR FALL FROCKS Big Values Offered 75 Dresses To Go On Sale Including Satin Faced Cantons, 19 Flat Crepes, etc., All in the LATEST STYLES \ i b I c A New Shipment of Ladies' Coats Just In OATS To Be Sold This Week Sizes 16-46 $195 THE FAIR, SIMCOE ST. S. PURE CASTILE SOAP Regular Five Cent Cakes Special 8 Cakes fo. 25¢ KARN'S Drug Store Next P.O. Phone 378 was merely anious to submit all the information available. He thought their Lordships were entitled to look at the entire history of the legislation and his suggestion was that the matter be dealt with after they had heard the whole case. Chief Justice Anglin-- suggest- ed that counsel for the Dominion and the Provinces should confer on wha documents could be included and what could be omitted, and Mr. Rowell said he was agreeable®to that. Mr. Justice Smith -- Are we to consider the questions without knowing whether a boat can travel on the St. Lawrence? One side says we will admit no facts. How are we to answer questions without having some knowledge of the na- ture of the rivers involved? Mr. Rowell -- You cannot shut your eyes to what you see around you. y Mr. Tilley said they had pointed out that "navigable was a very in- definite word, and that some agree ment should be reached as to what was meant. Ontario wanted more specific or concrete questions, BREAKING DROP OF RAIN CAUSES THUNDER STORM Scientist Says Electricity Given to the Air by the Dewy Heavens Glasgow, Oct. 4.--The "breaking drop" theory in connection with thunderstorms was defended by Dr. G. C, Simpson, F. R. 8, during a discussion of the mechanism of thunderstorms in the section of mathematies and physical sciences of the British Association for the Advancement of Science recently. Dr. Simpson said that in 1909 he was able to show in the labora- tory that if one took a drop of water and hroke it all up, the wat- or took a positive charge of elec- tricity where a small charge of negative electricity went into the air, The "breaking drop' theory ascribed the origin of electricity 1m a thunderstorm to the breaking of the raindrops, which were held up within the cloud by ascending cur- rents, The water after breaking had a positive charge, the corresponding negative charge going into the sur- rounding air, The positively charg- ed water tended to accumulate in relatively small regions of separa- tion while the negative electricity was distributed widely throughout the cloud by the air currents, Variety of Flashes Some of the consequences of this theory were that heavily charg- ed rain from the centre of a storm was positively charged, while the lighter rain from a cloud, was as a whole negatively charged se- condly, that the majority of light- ning flashes started im positively charged clouds and generally from a small region of the cloud. Again, the branching of a discharge was always away from she positive, so that by looking at the branches one could always tell the region of {ts positive source. There could be four kinds of flash or discharge: (1) A flash to the ground; (2) a flesh starting towards the ground but not reaching the ground; (3) a flash starting from a positive source and going upward towards the higher negative region; and (4) a flash from the ground to the cloud, Disprove Theory A great deal had been written about the polarity of clouds--that was to say, on whether the positive electricity in the cloud was above the negative or vice versa. He told that the "breaking drop" theory would lead one to expect that the upper part of the cloud would hold negative electricity. Professor C. T. R. Wilson and mapy others had conculde dthat a thundercloud has positive electricity in the upper parts and negative electricity fn its lower parts, and this conclusion was held to disprove the "breaking drop" theory. Change in Strength The observations on which this conclusion was based were meas- urements of the changes in field strength caused by lightning dis- charges. Thege observations he con- tendeé, told us nothing about the DutchBulbs | Hogg & Lytle, Ltd. 54 Church St. Plone 208 polarity of the cloud, and every observed field change would be as readily explained with a cloud of negative polarity as with one of positive polarity. Whichever view was right, the lightning flashes would be the same to outward ob- servation, and could not be differ- entiated. The "breaking drop" theory gave a physical explanation of the mechanism of a thunder- storm which was quantitatively and qualitatively capable of explaining all the observations so far made. SUGGEST USE OF FREIGHT ARS IN ADVERTISING Railway Companies Ap- proached, But No Decision Has Been Reached London, Oct! 4. -- The railway companies have been approached by a firm of advertising contractors with a view to using the sides of railway wagons for advertising, but no decision has yet been made. A railway official stated that the companies would probably start the scheme by using the sides of cov- ered tracks for the advertisements. This would mean that over 90,400 trucks would be painted with ad- vertisements. If this proved satis- factory the scheme would probably be extended to the 720,860 open trucks in use on the railways. Railway wagons provided good space for advertising. They were constantly moving about the coun- try and were often prominently be- fore the public eye. Great care would be taken in the selection of advertisements, and none would be accepted that was in any way un- sightly, Railway advertising, he sald, was at the present time, in the forefront of commercial adver- tising, especially from the artistie point of view, If it was decided to use the sides of wagons for adver- 2 throats Quickly relieved by rubbing en V, L A a Over 21 MILLION JARS USED YEAR| YOU! Will Be Breathless With Excitement When You Read Edison Marshall's thrilling mystery and adventure story of a beautiful girl--a great detective---a prowling tiger---a mysterious murder--- (S\ (DN) (BBY BLDG (B THE TIGER TRAIL Starts in The Oshawa Daily Times on Saturday Next N tising spaces, they would be divid- ed into panels, and standardized in size, The present tonnage figures, identification marks, and com pany's name which were painted on the sides of the trucks would be standardized and placed in a spec- ial panel. 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