The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

: PALA LWO WHITBY Representative--JAMES HOLDEN Phone, House 10---Office 434 Urges Sidewalks in Thickly Populated Districts Aimed for Safety of Pe- destrians on Highways-- Suggests Legislation Mak- ing It Compulsory for Pe. destrians to Face Traffic-- Industrial Committee is Appointed (By Staff Reporter) Whitby, Dee. 5. -- A resolution suggesting that the Ontario gow ernment, in connection with the construction of permanent highs woys through thickly populated districts, sould also build side- walks as part of its program of construction and provide sidewalks where pavements have already heen laid, was passed by the executive of the Chamber of Commerce at its regular meeting in the town clerk's office last night. It was further recommended that the cost of such work should come out of the highway funds, It was also resolved that the government enter upon an inten sive campaign of education to urs pedestrians to walk facing traffic while using the highways. Legislation Following this campaign of edu- cation, it was thought that legis- lation might be enacted compell- ing people to walk facing traffic, The resolution was moved hy F, M. Irwin and seconded by GQ, M, Gondfellow, Copies will be 'sent to the minister of highways, W. BE, N. Sinclair, M.L.A, for South On- tario, and other chambers of com merce and boards of trade through- out the Provines. It was also planned at last nights meeting to urge the corpor- ations of Oshawa and Whitby, the townships of Bast and West Whit- by and the provincial government to take some action with regard to the building of a sidewalk between Whitby and Oshawa. Industrial Committee An advisory industrial commit- tee was formed last night upon suggestion of Dr, G, L. MacDoug- all, a member of the executive. Dr, MacDougall pointed out that a com mittee of this type might do much towards interesting industries wm the facilities for location offered by Whitby and in offering to them information as to its public utili- ties, labor conditions, proximity to markets, freight rates, and so forth, The following were appointed to serve on the committee: Messrs, Ed. Bowman, F. M, Irwin, C, A. Briens, J. Frost, Geo. W, P.Every, G. M. Goodfellow, ¥, J. McIntyre and Dr. G, L. MacDougall. Those present at last nights meeting included the President, R. A. Hutchison, secretary, J, H, Or- miston, treasurer, J. Frost; Dr. G. IL. MacDougall, F, M. Irwin, Fran! Boothe, G. M., Goodfellow, F. J, McIntyre and John McClelland, DR, KAISER TO SPRAK (By Staff Reporter) Whitby, Dec, 5.--Dr, T, E, Kals- er, of Oshawa, and member of parliament for South Ontario, will be the speaker at the next lunch- eon of the Chamber of Commerce to be held in the town hall on Wednesday noon, December 15, Dr, Kaiser 18 well known to Whit- by audiences as a distinguished THE OSHAWA DAILY TIMES, WEDNESDA Y. DECEMBER 3, 1928 REPAIRS NADE T WHITEY HARDAR, COMING SPRING Cement Blocks for Repairing Pier Ready--Randolph Mac: Donald Co. Has Contract Whitby, Dec. 5. -- The cement blocks which will be utilized in the repairing of the west pler at the local harbor have been manufactur ed and are now lined up on the dock at the east side of the harbor where they will be left until next spring. The Randolph MacDon- ald Co., a dredging and salvaging firm which located at the laay front here this summer, has the contract to repair the plier and the work will not be completed until after the winter months. The building thd big cement blocks is a difficult task as every precaution must be taken to see that the blocks do not crack with the frost while the cement is still soft. In order to prevent this, steam pipes are used and the un- hardened cement is covered with tarpaulin. Work Begins in Spring Next spring when the ice is off the harbor, the company's steam derrick will pick the blocks off the dock and load them on a barge which will be towed by tug to the east pier. The derrick will again come into action and swing thn blocks off the harge, dropping them into place betweeh the wood- en cribbing of the pier, The cominy of the Randolph MacDonald Co. to Whithy has meant Increased activity to the local harbor and the firm is at present employing twelve or fifteen men, A large quantity of machin. ery has been stored on its premises which forme#ly was the old Watson property and was the site of a grain elevator and warehouse, Prepar- ations are now being made to dry- dock a steam dredge and tug, speaker anf legislator and no doubt there will be many onxious to hear him at the luncheon, He ac- cepted the invitation to visit the Chamber of Commerce last night, WINDOY SPLAYS AT WHITBY TELL OF CHRISTUS Reporter) White Fy 5.--local mer chants are making extensive ar- rangements for Christmas business as may be witnessed in the many fine window displays which are to be seen. Although the weather on account of unisual mildness, does not call to mind the proximity of Christmas, and the need for early shopping, these window displays, with tinsel, holly and bells, are very suggestive of the Yuletide season, TORONTO MEN TO ANSWER CHARGES - IN WHITBY COURT (By Staff Reporter) Whitby, Dec, 5.--The four Tor- onto men who are wanted here for attempting to break into Cooke's service station will not appear in local police court until next week, as they have been remanded in cfh- tody in Toronto, where they are fac ing similar charges. Chief of Po- lice Gunson and H. Lucas, warden of the county ja'l, motored to the city yesterday, but were unable to return with the accused men for this reason. HOCKEY CLUB TO HOLD DANCE AT THE TOWN HALL (By Staff Reporter) Whitby, Dec. 5.--In order to raise funds for WWhithy's intermediate hockey team, a dance 1s being held in the town hall Friday night, There is also a prize drawing contest for a chesterfield suite which will take place at the hall the same evening, The proceeds for bh events will he donated to the hockey team. Whitby has only ont entry in the Chamoisette Gloves (eB Introducing all the newest styles and features, from 49¢ pair up Novelty Flannelette Garments For Women and Children, Make Acceptacle Christmas Gis Cordline Pyjamas for Ladies A very fine self striped ;material of Children's Novelty Sleepers Made of a heavy quality Flannelette with novelty kiddie patterns. Sizes 2 to 6 years ..vvene Including some of 98¢c | nelette, | FORMAL and ACCESSORIES We have for your approval a number of smart gowns--iheir like has not been seen before, Suitable for the formal Dance or any little Evening's Formal affair. Ladies' Flannelette Pyjamas newest patterns seen for some time, It you are looking for something differ- ent you will find it here, Made of a splendid weight \Wlan- the smartest and dainty tex of shades acceptable But iririns $2.25 ' The prices are indeed very moderate when compared with the quality and high grade workmanship, We can Also Furnish Accessories of all Kinds Women's White Flannelette Nighties Heavy quality Flannelette with beautiful embroidery work. Each line is a splendid value. We advise early buying, All styles, Priced at 98c¢, $1.25, $1.50 and $1.75 Striped Krinkle Bedspreads On a cream ground with color- ed stripes of blue, gold, rose, Size 72 in. green or mauve. Each =| 11 kinds. 23 Piece Tea Set |S within the W. A. DEWLAND © $7.95 FOL ovrivriires pire rsiter China Ware, Dutch Silyer, Pictures of SPECIAL VALUE 23 Piece Tea Set ...,.. pr Fine novelty Stationery, handsomely soxed. Gifts for young or old are to be found in this department. Prices i reach of all. All colors, rich patterns, with or without fringe. Values wp $5.95 LIMITE "KAROY Pure silk, full fashioned Hose $1.95 pair | ture. Comes in a variety and would make a most | gift. Priced at I TL TT rm THE LEADING JEWELLERS "Buy Where Satisfaction is a Certainty" 12 SivcoE St, 8, d.H.A. and in order that it may make a good showing the support of the whole town is needed, HAMILTON WOMAN KILLED BY TRUCK Another Injured -- Driver Says Pair Absolutely Re. sponsible for Accident Hamilton, Dec. 6.--Mrs, E, May- hew of 30 Bristol street is dead, and-Mrs, Frank W, Burrell, of 82 Bristol street, her sister-in-law, is in the General Hospital as a result of injuries they received last night when struck by a motor truck near John and King William streets, The truck was driven by Harry Adler of 34 West Avenue south, and is said to have been owned hy Nathan Adler, who conducts a sec- ond-hand furniture business at 339 Ottawa street north, JUDGMENT GIVEN RAILWAY BOARD SIMCOE ST, SUBWAY (Continued from page 1) sioner Lawrence on the application of the City of Oshawa for an order for the construction of the subway: Statistics have been submitted showing the volume of traffic at the point in question, It is not neces- sary to go into an analysis of these figures, because the need for sep- aration of grades is not only contend- ed for by the City, it is also admit- ted by the railway, The only ques- tion outstanding is the basis of con- tribution of cost, The question is not a new one, During the last four or five years, there i been discussions between the railway and the City in regard to the construction of a subway. It is understood that there have been tentative agreements as to distribu- tion of cost, Applications have been Jaunched and withdrawn because the time did not seem, to the City, to be ripe for hearing. While there are references on the files to bases of distribution of cost which were ten- tatively discussed, these are not be- fore us for consideration in the pre- sent application, as no agreement was arrived at. The application as launched by the City contends that the full cost of whatever grade separation work may be ordered should be upon either the steam railway or the Electric rail- way, or both, The steam railway and the Electric railway were treated by Counsel for the City as being one. Counsel for the Canadian National Railways also appeared for the El- ectric Ra In stressing the argument that the whole cost should be upon the rail- way or railways concerned, Counsel for the City claimed the matter was governed by Order No. 2464, of De- cember 19th, 1906. Under this Or- der, the Police Village of Cedardale, in the Province of Ontario, had ap- plied for an Order directing the Grand Trunk to provide better pro- tection where its railway crossed Simcoe street, in the said Village. The Corporation of the Town of Oshawa took part in the hearing. Order went directing the Grand Trunk to install and maintain gates at the crossing in question, which gates were to be interlocked with apy ed at said crossing, and to be operated by the si stationed in the tower. The Grand Trunk was to bear and pay all the expense and liability con- nected with and arising out of the installation, t e, and oper tion of the said gates and appliances, over and above the expense and lia- bility to which the Electric Railway !take Company was subject and which at the time of the Order was borne by that company in respect of its use of the said crossing. The applicant was directed to provide, at its own expense, a thirty-two candle power light at the crossing, An application was made by the Grand Trunk Railway Company to have the Order amended and a re- apportionment of cost made. In the decision of the Chief Commissioner, it was pointed out that the Board, in a prior application, had expres- sed doubt as to whether the Town of Oshawa could be considered in- terested so as to be liable to be made a contritutory to the cost of pgo- tection of the crossing which was outside of its limits; and it was also stated that the Village of Cedardale was not conceded .to be in such a financial condition as to justify its being ralled upon to ontribute, The former decision was reaffirmed in the Board's Judgment of May 22nd, 1907, and Order No. 3164, of May 23rd, 1907, issued dismissing the applica tion of the Grand Trunk Railway Company, At the time when the Orders on which Counsel for the City of Osh- awa relies were issued, the crossing in question was outside of Oshawa, Now, through expansion of the City's boundaries, it is within the City lim- its, Under the decisions,' the question whether a municipality is a person interested so as to be liable to econ- tribute to the cost of the works or- dered by the Board is a matter for the Board to decide,~whether there is such interest both as a question of law and also as a question of fact, Under the decisions, the Board has power to decide that a municipality may be a party interested in works for the protection of a railway cros- sing over a highway, though such works are neither within nor imme- diately adjoining its bounds; and the Board has jurisdiction to order the payment of the cost of such work, County of Carleton vs, City of Ot- tawa, 41 S.C.R,, 552; also reported in 9 Can. Ry, Cas, 154, at p. 156 e- ference may also be made to Tor- onto Corporation ys, C.P.R. Co, (1908), A.C. 54. It is unnecessary to speculate con: cerning or decide upon the question, what the situation in respect of the Board's powers might be if there were now before itgan application launched by the Cit? of Oshawa in respect of a work of grade separation outside the limits of the City of Oshawa. What is before the Board is an application in respect of grade separation within the limits of the City. There is no guestion of the powers of the Board®inder such con- ditions to apportion cost. It is its established practice to do so, making such distribution of cost as may seem roper to it, having in mind the dif- erent factors concerned. : The Board's hands are not tied by the provisions of Order No. 2464 or of Order No. 3164 which deals with the complementary phase of the mat- ter. : : Simcoe Street is crossed by a dou- ble track and a siding and there is a large amount of shunting over the crossing, as it is located at the west end of the Oshawa yard. The regu- lar train traffic is also heavy, so that street traffic is subject to a consid- erable delay. The Oshawa Electric Railway track runs along Simcoe Street and across the tracks of' the jan National Railways, and the Street Railway, and the street traffic is protected by a half-interl plant and gates. The Canadian National's estimates propose a sibwa a vertical a width of 60 feet between the abut- ments. It is pr. that the con- struction should be of mass stated in the written submission of the Canadian National "dated May 12h, 12, to cover all She costs, o£. idewalks, ving, an ains an double hr the Oshawa Electric Railway throughout the subway, so that the street car traffic may run with the general current of traffic. Counsel for the City, in dealing with the width of 58 feet proposed in the City plans, says this would care of two roadways, an abut- enforced comcrete. The estimate is |i a De s ment in the centre, one of the Oshawa Street Railway on cach side, Ta opmion that ti iy 1s on vues lu in tho praviens sel for t T a with the 17-foot clearance asked for, says that the highest box car, which is the standard automobile car, is 1S ft. 8 inches from the top of the rail to the top of the brake; then, something in addition to this is re- ured for the trolley wire. The City ngineer, in Cross-examination, thought that 17 feet was not an over- statement from the standpoint of the Company's needs. The Board's En- gineers are also of the same Opinion. The general opinion of the City is that the difference between the 14 feet and the 17 feet should be borne by the railway. It is pointed out by the City that the Electric line is predominatingly a freight line, and it is claimed that on account of this factor the additional three feet is estion directed by me to needed. In a qu Counsel for the City, the following was stated: "Yau can sce from the standpoint of ration provision must be made for having two tracks of railway through the subway?" E. sel for the City acquiesced in this, The plan submitted by the City gave an estimate by its Engineer amounting to $200,000, inclusive of land damages. The estimate of the railway, in a submission prior to the hearing, was $250,000, inclusive of land damages. Counsel for the rail- way at the hearing mentioned a fig- ure of $260,000. Detailed statements were submit- ted by the City through its Engineer bearing upon the economies of op+ eration which it was claimed would arise from the construction of a subs way, and arguments based on these figures were advanced in favour of the contention that the economies when capitalized would be sufficient to offset the expenditures to which the railway would be subjected. It 'seems to me that the matter is to be approached from the stand- point of safety and convenience. The oarg's records have been searched nd one accident has been found to have taken place. This was on March 13th, 1927. The crossing was protected by gates being lowered at the time the accident took place. The persons injured were standing on the south rail of the southbound track inside the gate, and were struck by one of the cars attached to the en- gine, The two people injured had got under the gates. The computations of economies which were submitted were ingenious and subtle, yet it seems to me that in this case, as in many others the Board has had to deal with, that the only proper reasonable method of approach is one dealing @with the consideration of the facts on broad lines, In the submissions of the City dated June 6th, 1928, the scheme pro- posed by the Canadian National Railways was criticized on the ground that the sum of ' $250,000, which was mentioned, was intended, also, to take care of the approach to the station of the Canadian Na- tional Railways, and other appurt- enances which were not regarded as being properly part of the subway, and that these should be taken care of b¥ the Canadian National Rail- ways as part of its station grounds and railway undertaking, The Board's Engineer reports that as the approach to the station appears to be, without question, part of the subway construction, it would be unreason- able to take away this approach and require the railway to provide a new approach at its own expense, he City of Oshawa criticized the submission of the Canadian National Railways on the ground that it pro- poses that Albert Street should be closed, Albert Street crosses the railway yard (10 tracks) about 630 feet cast of Simcoe Street and 480 feet east of the proposed subway. This street runs into Simcoe Street a store distance south of the tracks. The City sets out that the closing of this styeet did not enter into the application for a subway and it, therefore, submits that if Albert Street is closed it must only be af- ter negotiations and satisfactory ar- rangements haye been arrived at be- tween the Canadian National Rail- ways and the City of Oshawa, Albert Street joins Simcoe Street at an auto angle a short distance south of the tracks, From the point of intersection referred to, it con- tinues to Bloor Street which it joins at right angles. Between these points 5 a distance of approximately 1,150 eet. The City, through its Counsel, sta- tes that in addition to what is al- ready set out that the keeping open of Albert Street would be a great inconvenience to the railway. It in- timates that it is willing to bargain with the railway in regard to the closing of the street. In cross-ex- amination, the City Engineer stated that if Albert Street were closed across the tracks there would be in- convenience to the le living north of Bloor Street ve on Albert Street. At.pp. 4223-24, he said that persons living on Albert Street, north of Bloor Street, and wish'™»g to J oo to any part of Cedardale east of Al- Pbert aid south of the Canadian Na- tional Railways, instead of over the crossing at Albert Street would be required to go west to the subway and pass through it. It was pointed out that they might also go east and over an overh bridge which would be about half a away. The following (p. 4224 of the eyi- dence) is taken from the cross-ex- amination of the City by Counsel for the railway: ; "Q. So that by reason of closing one level crossing you would be get- ting two perfectly means of ac cess? "A. The grade separation at Sim- coe Street inates, if Albert Street is closed, two very hazardous cross s. s submitted have been checked by the Board's i i Department. Leaving.out of consi- deration the question of damage or depreciation in property value, or the cost of any additional land requir: it i that a subway of in ate cost of a subway 58 14 feet in height would be 0. The cost of the additional 3 feet in ----- height over M4 feet hbourhood of $2, he Board's Engineef in his of inspection says that Albert Jota 20} appear to be heavily avels © expresses the , that it would be to the advan of all conaerned if this street were clos- o ed. While the City of Oshawa has not included Albert Street in its scheme, seems to me that if there is to be ade separation then it is absolutely essential that Street, located at such a compara. tively short distance from the point of proposed subway, should be im-. Sop in ine sC as and that t Street should, there- fore, be closed. It is also obvious that carrying traffic through a over tem tracks on which swi services may be at any time under way creates a distinct inconvenience, and an obstacle in the way of the ready movement of trafic on the highway. f a level crossing at Albert Street, crossed by a large number of tracks, were kept open at a com short 'distance from the subway, the result would be to gerousy situation, rience in other Rctions of Canada has shown that where there is a level crossing adjacent to a subway there is a ten- y for traffe 18 take the level crossing, notwithstanding the greater safety afforded by the war Over againstt this is the fact that Albert - Street crosses over the yards of railway, So far as any addi volume of traffic may be deflected ta Albert Street, this would help to create congestion, so that there would be an ebb and flow of trafic back~ wards and forwards between the subway and Albert Street crossing looking to an opportunity to get a= cross the tracks. Instead of i a situation where, through the con- struction of a subway, all would safety, notwithstanding the - tion which might at times possibly arise, there would be a situation ag Albert Street where there would be both danger and the opportunities of congesti.n.. The estimafe of the Canadian Na- tional Railways has been pointed out as being approximately Out of this, the Board can give 40 per cent and not exceeding $I hy Turning now to the balance, it would be justifiable, to charge up to the railway the difference between a subway 60 feet wide, costing $110,000, and a subway 58 feet wide gosting $106,000, or $4,000 . In the decision of the late Chief Commissioner Car- vell in the proposed Northwest Tor- onto Grade Separation, Board's Judgments & Orders, Vol. XIV, at Pp. %, there was dealt with the rep- resentations in vegard to vertical clearance exceeding 14 feet, and the following language was used: "If the ity requires greater clearance than 14 feet, which is the statutory standard, the same to he granted; the additional' expense, however to be borne entirely by the City," In the present instance, a greater height gs necessitated by the use of freight "cars, The Electric Street Railway is on the City streets, un- der agregments ratified by Provin- cial le tion. I think that the City is within its rights in contend- ing that the excess over the 14 feet in height should be a charge Against 4 the ilway, This, as pointed out, will amount to $7.00 an et : of the roximately ,000, 2 would sfllgest, should be divided-- ° $86,000 to be paid by the Canadian - National Railways; $64,000 by the City of Oshawa, If the sum invol= © ved should run in excess of $150,000, then the balance should be divided 57 per cent on the Canadian Nation- al Railways and 43 per cent on the .: City of Oshawa, If the amount ex- 5 pended by the railway and the : municipality falls below $150,000, then their respective proportions of cost should be the same as the per-* centages set out above dealing with a casegvhere the cost might run in-- excess ©f the figure of $150,000 men-~- tioned, The B adgi of the subway. - would be a City expense, as it has, " the burden of paving its streets un-.: der any condition, k As Bac indicated, it appears to." me t Albert Street should be'. dealt With Simcoe Street. A rela- tively large amount of money is in-- volved and it would not, it seems to me, be justifiable to deal with Sim-~ coe Street alone, leaving all the ~ possibilities of congestion and dan- .- ger at Albert Street, It is a part of = proper planning for the future to: take care of both of these crossings .. at the same time by incorporating -. them in a common scheme of grade" separation. I do mot think that the Board would be justified in Closing. ~ its eyes to the situation which Al--- bert Street would create in connec-'> tion with grade separation, The City, therefore, should direct its at- 2 tention to the closing of Albert = Street. As soon as the Board is ad- © vised that this will be dope, then order will be prepared along the 0 lines. of the reasons for judgment. - ve piven, : Joyember 28th, 1928. Novem NL §, J. McL, Ly § ee' (Sgd C. L. Pe, nt Hn ol 5 J BR DISNEY BLOCK Opoosite P. 9. 1516--Phone--=1516 Baked Goods Left Over ON SALE & to 10 o'clock Customers are assured 0) Fresh Goods yo oaidinas 903 val wy card iad Nat -Krust Bakery