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THE OSHAWA DAILY TIMES, FRIDAY, OCTOBER 3, 1928 PAGE THIRTEEN RAILWAY AND MUNICIPAL BOARD HEARS COMPLAINTS (Continued from Page 1) and quoting figures of a traffic cen- sus taken in July showing that an average of 3900 cars had traversed the foad during each day of 19 hours for a period of one week. The annual cost of upkeep on this section of Simcoe street is $300 and is continu- ally increasing, at least five applica- tions of oil being required per year to keep down the dust. In his opin- ion ithe paving would be of more benefit to the city than to property owners, Under cross-examination by Mr. Swanson, Mr. Smith said that he 'had learned something of an effort to subdivide the property, but that there " werq only three houses on it at the present time. He admitted that oil ing of this road was charged to the city 'as a whole while the oiling of other central streets was assessed against the property owners. o Pe Ri Alderman Stacey stated that no petition had been received by the council for paving the street, but that he, as chairman of the Board of Works, had opened negotiations with Alderman Conant by which he would bear part of the cost of paving opera- tions. He thought that the 60-40 basis of paving was a fine bargain for the city, as the 40 per cent. which the city; would pay would not exceed the annual cost of the road upkeep, and the pavement was being put in at a minimum cost. It was only 18 feet wide, was of concrete instead of as. phalt, and was not being finished with curb and gutter. John Edmundson, speaking inst the approval of the by-law, said that the pavement was being laid in such a way that a further 18-foot strip could be laid on the other side of the street when it was found necessary, and contended that by putting in a 22-foot strip mow, with 'the property owners paying 100 per cent. of the cost, it would. cost them about the same as if they paid 60 per cent. of a 36 foot pavement, and relieve the city of any share of the cost. The vement would require street clean- ing, and the revenue from this of 14 cents per foot, for both sides, should be taken into consideration in fixing the city's share of the cost. He did not oppose the necessity of the pavement, but rather the way in which it was being paid for. On Property Basis Alderman Macdonald mentioned the precedent involved. Since 1919 all pavement in the city has been done on the basis of the property owner paying 100 per cent. of the cost of his frontage, with the city only bearing the cost of street inter- sections and draining. He saw no reason for returning to the 60-40 ba- sis on Simcoe street south, since the new pavement on King street east and the pavement on Simcoe street north was laid on the full 100 per cent. basis. Contending that the lands affected were not truly farm lands, but were subdivided as city property, Alder- man Swanson also opposed the grant- ing by the Board of-approval of the by-law. Putting the subway under the C.N.R. tracks would increase the basis should be no departure from the 100 per cent. oy Upkeep Only Alderman Conant explained that he had always expressed indifference as to whether the street was paved, and had not urged any one to support the by-law. He pointed out that the city would not be involved in any expen- diture greater than they would have to pay for upkeep of the road or the cost of street intersections, in an or- dinary street of this length. Previous councils had recognized the peculiar situation here when they had the street oiled at the expense of the city as a whole instead of the pro- perty owners. In summing up, City Solicitor Grierson stated that the city council was legally empowered to pass this by-law to place a portion of the pav- ing cost.upon the city, with the ap- roval of the Ontario Railway and Menicipal Board. The reasonable ness of the proposition was a matter entirely for the council to decide, he contended. Commissioner Ellis stated that, be- fore handing down his decision on the question, he would confer with other members of the Board, but that the judgment would be in the hands of city officials probably by Tuesday next. The work was initiated by the council, he remarked, and since rate- payers of the city had made an ap- peal against it, the Board could make terms between the parties if it saw the way clear. In late years especial- ly, many cases of this find had come before the Board, the motor gar hav- ing made, roads formerly useful to practically only the residents on them, now an artery used by pcople from a wide area and of general benefit to the public. In such cases it had value of the land, and he felt that been concluded that the municjpality should pay a part of the cost of con- structing or improving the road. Since the last session of the legisla- ture, municipalities have been em- powered to pass a by-law as this, dealing with the situation of one particular street within the corpora- tion. The work. appears necessary, he continued, and is not objected to. The main question then, to be de- cided by the Board, "Is the work of general benefit, and, if so, what pro- portion of the cost should the muni- cipality bear?" As a general rule the Board did not care to reverse the decision of the council, feeling that its members had acted inwgood faith, but in this case the consent of the Board was neces- sary before the by-law became valid. The lands will likely be sub-divided some time, and the construction of the pavement may increase their value to some extent, But the prin- cipal problem is whether the pave- ment is of general benefit to 'the city and if the council did right in assign- ing the cost as it has. Recent Deaths WILTON E. WHITE Never "fully recovering from a stroke which he suffered a year ago, Wilton E. White died at the family residence, King street west ou Park road, Thursday, October 4, in his 86th year. Deceased was born in Rochester, N.Y, the son of John White, Scotlayd, and Katharine Bogg, also of Scotland, and come to Oshawa at the age of 17. Mr, Whice lived in the city, at the corner of King street and Park road for the past 69 years. He leaves to mourn his !oss his wife, nee Fanny Bartlett, four daughters, Mrs. Hugh McPherson and Mrs. Walker of Montreal, Mrs. Wilkinson of Cloquet, Minn, and Mrs, C. Lambert of this city, and one son, Clarence of Sault Ste. Marie. The funeral will be held from the family residence at 2.30 Sat- urday with interment made in the Union Cemetery, JAMES W. REYNOLDS After faithfully attending to his work in General Motors yesterday, James William Reynolds died this morning of heart disease at the home of Mr. Wilson, 50 William street east, where he has beens making his home for some time. Mr. Reynolds, since he came to Oshawa almost ten years ago, made a great number of friends, although his only living relations are two brothers, Frederick, in Paris, France, and Alfred, in Lon- don, England. He was 65 years of age. y Mr. Reynolds came to Canada twenty years ago and first made his home in Lindsay. Coming to Oshawa he was first employed at Fittings Limited, going to General Motors in 1922 where he has been employed ever since. His brother Fred, in Paris, the head agent of the White Star Line there, while the other broth- er, Alfred is well known in art is) from the Luke Burisi parlours, in- terment in Union Cemetery. DIVISION COURT Six were disposed of . by Judge J. E. Thompson in local di- vision court this morning, judg- ment being given for the plain- tiffs in all six. The suit of Middle- ton vs. Martin for $119.20 was adjourned until the next sessions of the court. Adjournment for luncheon was made at 12.20 o'clock, the court resuming at 1.30 this afternoon. Suits Disposed Of The suits disposed of were as follows: Miller and Libby vs, Hod- son for $22.49, judgment for plain- tiff of $22.49; Malin vs. Heale for $160, judgment for $160 and costs, includng $15 to defemse counsel; Hennick vs. Gulls et al, for $20, judgment of $20 without costs; Haynes vs. Naylor.or Cubbage for $273.40, judgment for $273.40; Dixon Coal Co. vs. Edmondson et al for $46.85, judgment for $34.85 and costs; [Fressenge vs: Colton et al, for $25, judgment for $31.32. . CUSTOMS COLLECTIONS Bowmanville, Oct. 5.--There was an increase im customs and excise collections for the month of Sep- tember at the Bowmanville port, the amount received being $33.~ 474.89, compared with $33,190.48 for September of last year. ALGAR AND VESEY ENTER FINALS Three sels of exceptionally high calibre tennis were seem yesterday in the semi-finals for the men's open tennis championship of the Oshawa Tennis Club, when Stew-. art Alger finally defeated H. Hain- er in 6-4, 2-6 and 7-5 sets to win the right to meet Erie Vesey for the championship. Weather per- mitting, this: championship game will be played this afternoon. The winner in yesterday's semi- final tilt was not decided until the last ball was served, so close was the play. . till 1.30, circles in London and vicinity, Mr, Reynolds is a widower, his wife having predeceased him several' years ago. The funeral will be held to- morrow afternoon at 3.45 o'clock 'King Street Special Notice We are putting on a SPECIAL BUSINESS DINNER from 11.30 SPECIAL SUPPER from 3 till 7 during the winter months. WELSH'S West BETTY CAKE SHOP --_--_-- ; Oshawa OPPORTUNITY BUYING Boys' All-Wool Sweaters PULLOVERS AND BUTTON FRONT STYLES. ALL $1.95 don't allow any other store to undersell me! Value customers, and I SH ONTITOND 2 1 my merchandise +A KeF KoA KoD Ke WM KeN prices with those Suits Splendid quality tweed and serge suits for boys 7 to 15 years. 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PRICES ON MEN'S F URNISHINGS. wii NEW LOW PRICES IN UNDERWEAR #¥ 'A revelation value- New, smart, in > suits, des eo newest Sot retain their sh and' 3 Sizes 35 to 41 Tcl Thest, lor Merino - Shirts Shirts A regular All sizes 89¢ ore 2 PAIRS $1.00 This is a re- . $10.95 Two Soedieh - Bloomers Odd bloomers and golf knckers in sizes 26 to 34, Plenty of good patterns to choose from at these $1.95... $1.29 'Boy's Fall Tweed Coats Boys' Fall Coats in smartly patterned ad 1} coat styles, The regular ... $6.95 CARTWRIGHT'S oP FORMERLY TENBECK'S MEN'S FLANNELETTE PYJAMAS $1.95 A i Men's all wool coat sweater in the best gtiteh without col» Jars price $3. 95 Penman's 95" Wool ations, and Drawers, wears well shrinkable, Special price Penman's and Mercury make Merino Combin- OPPORTUNITY BUYING BLACK, MAROON. ONE PRICE . Men's All-Wool Sweaters NAVY, BROWN, GREY, Men's Tweed Suits Collegiate Styles Collegiate style and smartness and broken patterns, garment for fall winter wear, 1 Special price $ and un $2.39 Epeelal LAE EN Bd A splendid FOR THE BOYS SPECIAL--BOYS' PURE WOOL WIND BREAK- 60 ONLY. WHILE THEY LAST .............. BOYS' FINE ERS. BOYS' WOOL JERSEYS $1.39 SHIRTS $1.29 and lover 6 KING EAST $2.95 BOYS' COM- BINATION UNDER- BOYS' FALL CAPS WEAR 89c ' $1.29 Pyjamas its Tie » pew style for [oSMIar Jo bre we 4c wm. $1739 COME IN AND SEE THESE WONDERFUL VALUES FOR MEN AND BOYS, BUYING in new fall tweeds, Double single breasted models, Grey her. ringbenes, overchecks, pin stripes A wonderful value in style and material, 79 Stanfield's make wool mixture combinations in a warm -comfort able weight, All sizes, $2. 95 $18 ; A gli $2 MEN'S CAPS $1.39 -_e---------------- FALL WEIGHT COMBINATIONS A $2 VALUE $1.39 E------------ PENMAN"S "pp" COMBINATIONS A $5 VALUE $4.29 frm---- Penman's best quality fleece lined combinat and Special price same quality, Special price to 44. Special price Slicker 'Raincoats Men's Rain Slickers in blue, black and brown ciat price $0,85 PORTUNITY MEN'S WORK SHIRTS REGULAR VALVES TO $1.75. ALL SIZES $1.29