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. ly declare that the provinces have ti- ' tle to use the bed of navigable riv- ae Hi ith for the improvement Oh et gataded tha ¢ - he @shawa Daily Times \ ' 1 he Oshawa Daily Reformer A Growing Newspaper in Growing City a OF Cer OSHAWA, ONTARIO, TUESDAY, FEBRUARY 35, 1929 10 Cents a Week; 3 Cents a Copy. TEN PAGES ToL Ro SP---- SUPREME COURT FAILS IN ~ EFFORT T0 WATER POWER QUESTION ¥ » "toons vo Give mate RED ORATOR gent Answers to Ques tions Submitted By Do- minion Government NEED CONCRETE CARE TO CLARIFY ISSUE -- Provinces Declared, How- ever, to Have Title to Use Bed of Navigable Rivers-- Several Questions Left Unsettled (By Canadian Press) Ottawa, Feb, 5--The Supreme Court of Canada, in its decision to- day, calls attention to the difficulty, "indeed, the impracticabilty" of ans- wering in a precisc manner the ques- tions on water powers and naviga- tion submitted to it. It does definite- ers, bur subject to the public right of navigation and even there, an ex- ception is made as regards the spe- cial rights vested at confederation or by subsequent legislation. The Dom- inion government submitted ten ques- tions to the Supreme Court in order to settle thc relative rights of the Dbminion and Provincial Govern- ments with regard to the water pow- ers made available by or in conneg- owing to the form in Which most of the questions were submitted, it was impossible to give precise or even intelligible answers. It will be neces- sary to submit a concrete case to clarify the situation, H Questions Unsettled The questions which are left un- settled are the power of the Domin- jon to use or occupy provincial navigable rivers without the econ- CLEAR UP | DENIES DEITY Ridicules Clergymen in a Heated Address at Sud- bury Hall Sudbury, Feb, 5,--Denying the deity and ridiculing clergymen, W, Morjarty, communist organiger from Toronto, spoke in Liberty Hall, a Red meeting place, here on Sunday night before a crowded house. "The idea of God is purely a pro- duct of the savage mind," declared Moriarty during his speech, Before this meeting hand bills had bzen distributed freely throughout the town, challenging 8 well-known anti-bolshevist to a public debate. Th's was refused on the ground that nothing but abuse would be heaped upon him. Then more band bills wer: pub- lished, sbating that he was a politi- cal coward. Moriarty in his dis- course insisted that everything ex- isting was due to natural condi- tions. t During the evening the speaker deem a situaf made several references to his ag- Hobbs and H. Sutcliffe were cheaply ed mother, who, "in spite of her disposed of in their second innings. wayward boy, still believes in the | Hammond was not out 105 | close of today's play and D. R. Jar- Almighty." | CHRISTIAN UNION | Australia, First innings, 369; Eng- [iand, 354 and 206 for two wickets COMMITTEE NAMED OF YOUNG PEOPLE FLECTED OFFIGERS RALLY LAST NIGHT IN ST. ANDREW'S INFLUENZA EPIDEMIC large cities, HAMMOND IS PROMISING A 0D SCORE ENGLISH CRICKETER HAS SECOND CENTURY beinz sponsored by The Times, in the fourth cricket test match with | Australia, enabled England dine, leading English RAVAGING IN EUROPE Cable Service to The Times by The Canadian Press) London, Feb, &5.,~Thousands were {ll in Europe today as the result of an epidemic of influenza from which few localities escaped, Some of the most notahle figures of public life in France were afflict- ed, Paris hospitals were taxed to capacity while Berlin employers reported heavy sick lists, in other IN TEST MATCH | England Making a Fine Re- covery in Game With Australians (Cable Service to The Times by Canadian Press) Adelaide, Australia, Feb. 2--A cen- ury by Wally Hammond, his second to re- bad situation when Jack at the amateur, had ored 73, not out, The scores were 10 PROPOSE LIST FOR DIREGTORATE OSHAWA'S FUND FOR THE BRITISH MIN. WORKERS Ontario Regiment Band Volunteers Its Services for a Con- cert on Sunday Evening, the Entire Proceeds of Which Will Go to Aid the Destitute British Miners While the fund in aid of the des-: titute British miners has not grown , since yesterday, there being no | new contributions to report today, there are indications of add- | ed interest in it, and these should | result in a much greater response than has been'made so far, The band of the Ontario Regiment, by kind permission of the command- ing officer and fits officers, has volunteered to make a splendid contribution to the fund by pre- senting a concert of band music in the Regent Theatre on Surday ev- ening, the whole proceeds of which will be added to the fund This splendid offer has been prompted by strange circumstanc- es. Two of the members of the band formerly worked in te Welsh coal mines, and have a close knowl- edge of the terrible corditions of | destitution and hardship which prevail, After hearing their stor- ies of conditions, the members of the band decided that they would take this method of making their contribution to the fund which is being raised. Bu in the meantime, Oshawa must do better, Contributions are not coming in as fast as they should nor is Oshawa's total for the fund to date anything like a respectable figure, Contrtbutions will be wel- come at The Times office, and will be acknowledged from day to day. The following is the standing of the fund to date: Already acknowledged ,.. Ukrainian Presbyterian Church Two more sympathizers. , A. and G, Truman....... "Just a Mite"....... , Total to date, ,, Salvation Army High Council Sends Ultimatum to General (Cable Service to The Times by London, Feb, 5.--It was stated on high Salvation Army authority late today that the High Council has sent General Bramwell Booth an ultima- tum that Friday is the latest day on which it is prepared to wait to hear his representative's arguments against his deposition, London, Feb. 5.--Indications were seen today that General Bramwell booth, commander-in-chief of the Salvation Army would carry his dis- agreement with the High Council to the court again if the council re- news its efforts to denose him. NOT YET ENDED London, Feb, 5--"The legal side of this situation has not ended," was the word . which came last night from the private office of Catherine Canadian Press) Booth had been advised by her sclicitors not to discuss the Army affairs because of that fact. The intention of the General Booth faction to go to court again if the High Council once more votes to depose him begame known while the council was in an informal session discussing a definite offer of media- tion made by Lord Davidson, retired Archbishop of Canterbury. The council also talked over the situa- tion created by General Booth's sudden trip to London on the eve of preparations by his legal advisers to open a way for a renewal of the court fight. It was understood that the solici- tors were planning to test the vali- dity of the 1904 deed poll under which the council has been acting. FORMER TRE" SURER 1S GIVEN FIVE YEAR 1ERM Feb, 5--Clinton 8, arnes, former treasurer of the Southern Baptist Home Mission Board whose disappearance late last summer led to the discovery of an alleged shortage of nearly a million dollars'in his 8ccount and his sub- sequent arrest in Winnipeg, Man, was today sentenced to from five to seven years imprisonment when he pleaded guilty to embezzlement, FAL T0 FIND THE MISSING WITNESSES INVESTIGATION OF MRS, McPHERSON CASE IS ADJOURNED Former Angelus Temple Radio Operator Cannot Be Found By Police (By Canadian Press) Los Angeles, Calif, Feb. 5--Having failed to locate three missing wit- nesses, the legislative committee in- vestigating the payment of $2,500 to Superior Judge Carlos §. Hardy by Aimee Semple McPherson and her mother Mrs. Minnie Kennedy, stocd adjourned today, It will probably reconvene in Sacramento on Feb. 21, Kenneth Ormiston, former An- gelus Temple radio operator, Miss Bernice Morris, former secretary to RA. McKinley, a blind lawyer and Reginald Tavener, former press agent for the Angelus Temple, are the missing witnesses, INQUIRY INTO RATES HALTS DISCUSSION . Atlanta, Ga, K LEGISLATURE FOR INDUSTRIAL B Chamber of Commerce Request is Granted by City Counci CITY COUNCIL APPROVES PRINCIPLE OF HAVING LOCAL INDUSTRIAL AREA 4 TEST TRIP IS MADE HING'S JOURNEY Ambulance Travels from the Palace to Bognor--No Def. inte Date for Removal London, Feb. 5.--A trip yester- day by an ambulance from Buck- ingham Palace to Craigweil, near Bognor, caused rumors that the King had heen transferred to the Sussex shore, but the trip was only a rehearsal to try the roads and determine how long it would take to transport the Royal patient by that method. The rehcarsal went so far as to include the wheeling of a bed from the ddorway of Craigweil House to the sunroom, which the King is to occupy there, No definite date for the King's removal has been set, hut unofficial information named 'Thursday as the time. As a result of the trial, it was believed that the trip would be made by road, The condition of the Royal pa- tient remained unchanged. Lord Dawson of Penn was the only doe- tor to visit the palace and no offi- cial statoment was issued. THREE DAY SALE GREATEST IN THE MERCHANTS PLAN WON. . DERUL EVENT FOR 3 DAYS THIS WEEK CITY'S HISTORY ILL Chamber of Commerce Dep- utation Asks Council to Secure Private Bill Permit. ting Steps to Aid in Secur. ing of New Industries for Oshawa COUNCIL UNANIMOUS IN ITS DECISION Provision Made That Ap- proval of Electors Must Be Secured Before Expen- ditures Can Be Made Un. der the Bill if It is Passed Steps leading to a new industrial policy in this city were taken last night when the city council decid ed to ask the Ppevincial Legisla- tures at its present session to pass cnabling legislation for the city to 3et aside an industrial area and erect on it civic buildings to ac- comodate any new industries that might wish to establish themselves in the city. The private bill which the legis» lature will be asked to pass pro- vides that "the corporation shall have power to acquire any lands for industrial sites by purchase or by "expropriation under and subject to i the provisions of the Munieipal Act as to expropriation of lands for Municipal purposes and to improve the said lands, to erect and equip a building or buildings on the said Jands and to construct and instal facilities to serve the said lands and said buildings." The *facilities™ especially men= tioned in the proposed act include railways, sewers, watermains, gas mains, power lines, .sidewalks, pavement. streets, and other public utilities. Any of the lands or build- ings bought for this purpose may be sold subject to the provisions of the Bonus Limitations Aect. CL -- AT MOTOR LEAGUE Booth, daughter of General Bram-| This question was raised on the first Electors Must Approve The bill strictly states that the CHURCH IMPORTANT BUSINESS sent of the provimee, or without compensation, the respective rights of the parties with regard to the water powers created or made available on works for improvement of navigation by the Dominion since confederation; rights with re- spect to the water powers in boun- dary waters; and the right of the provinces to use and develop water powers without the provinees, even though navigation is mot prejudic- ed . The reasons for the findings were written by Mr. Justice Duff, and unanimously concurred im by the other members of the court. One of the chief questions was: "Where the bed of a navigable river is vested in the erown in the right of the province, has the prov- ince a proprietary interest in or a beneficial ownership or legislative control over the water power creat- ed or mude available by the works for the improvement of navigation constructed since Confederation, which is not required from time to time for the purpose of maviga- tion?" j The court answers that water powers are made av by reason of extcmsions since Con- federation. It is impossible to as- certain the respective powers of the Dominion and the province in the absc of a more precise state- The court finds the ques- .tions of whether the province has control over waters in provincial rivers, so long as such control does not interfere with navigation, and whether the province bas the right to develop power in such rivers without interfering with mnaviga- tion, may be answered together as follows: "If there is mo walid con- fiieting legislation by the Domin- jon, provinces have these rights. A province, however, may mot in- terfere in matters, the control of which is reserved for the Domms- jon and all valid enactments of the Dominion must be duly observed. The question, however, canmot be answered in the affirmative. since the meply is not identical with the that "navigation is mot interfered with' and the proper an- swer seems to be in the negative." In any event, the judgment is out and the questions remain unde- cided, whether the government will act immediately on the postponed Beauharnois application for an en- armous power development in Que- bee, or further hold back its de- cision, is a matter of keen specula- ver Inspiring Address Was De-| livered By Rev. Captain Best of Whitby The Young People's Christian Union of this city met last evening in St. Andrew's Church. Mr. Ste- phen Saywell was the chairman for the evening. During the business m-eting the report of the secretary, Miss M. F. Blewett, which is to be submitted to the Religious Edu- mational Council was read. Owing to the lack of space in today's issue this report will nct be published until tomorrow, when the entire second annual report will be pub- lished. Mr. Saywell (jntroduced the speaker of the evening, Rev. Cap- tain Thomas Best, pastor of Whit- by Baptist Church, who gave an en- tertaining and inspiring address on "Personal Evangelism." Captain Best centred his address around the passage of Scripture, "Behold the Lamb of Ged." He explained the uselessness of allowing the pas- tor to do all the work, when every- one can do his or her share of evan- gelistic work. The good which re- selts from an effort along the ev- angelistic line repays many times over for the time one spends in do- ing that work. 'The application of illustrations from life made the speech one of the most interesting addresses the Union has had the pleasure of hearing. The enthusi- asm and hearty appreeiation of the Union was expressed in the ap- plause, which followed Captain Best's talk and the vote of thanks which was extended to him by the chairman. ¢ Officers Elected Following the address the eleec- tion of officers for the ensuing year took place and the following executive was elected: honorary president, Rev. Dr. W. P. Fletcher; president and chairman, Stephen G. Saywell; wice president, Peggy Rice; secretary, Fred Riding; treasurer, Sadie Fox; ministerial advisor, Rev. F. J. Maxwell. The street, Orval Eagle; North Simcoe, Miss Kelly; Baptist. Frank War- ram; Centre street, Edgar Watson: tion following the judgment. FUGITIVE CAUGHY . | (By Associated Press) ! Elizabeth. N.J., Feb. 5.--Joseph Piolo, slayer of Bill Brennan. heavy-weight pugilis , was dn jail today after being a fugitive from | Sing Sing prison for two years. Cedardale, William» Moncur. Mr. Frank Maxwell was appointed eor- ITEM CAME BEFORE COMMERCE CHAMBER New Editor of Times Intro- duced and Mede Brief Ad- dress to Meeting The members of the Oshawa Chamber of Commerce at their general meeting last night in Ro- tary Hall struck a nominating com- mittee to furnish the slate for the election of Chamber of Commerce directors for the ensuing year. The election will be held sometime in March, that month being the end of the fiscal year of the Chamber. Those on the committee are F. L. Mason, J. J. Burns. T. B. Mitchell, L. V. Disncy, W. D. Elliott, J. J. Callaghan, J. P. Mangan, H. M. Black and C. E McTavish. Business details were covered at a previous meeting of the directors held earlier in the evening so that all available time might be given to the speaker of the evening, Cy- ril T. Young, F.R.G.8., superintend- ent of development, Canadian Na- tional Railways. The president, Mr. George MeLaughlin, occupied the chair. Editor Introduced M. Mcintyre Hood, the new edi- tor of the Oshawa Daily Times was introduced to the Chamber of Com- merce members by the president. In 2 brief but pointed address, Mr. Hood spoke of the attitude of On- tario generally, towards Oshawa. He said that people of this prov- ince have a very high idea of the future that lics before the city, and remarked that the pre-eminence which Oshawa has acquired as an industria! municipality would mo doubt be maintained during the coming years of industrial progress. Bylaw Amended A bylaw of the Chamber of Com- merce was amended to read: "The mayor of Oshawa and the immediate past president of the Chamber of Commerce shall be ex officic members of the Board of Directors." A 'RE 77 " Mardd A large general meeting of the Chamber will likely be held in March at the time of the elections for directors, stated President Mc- Laughlin. An important announce- | ment made in connection with this stat t was to the effect that ganist and Mr. Gordon Maxwell, song leader. The law may give a man the right to open his wife's letters--but it does not give him the courage.--London Calling. Jbe here at that time. Sir Henry Thornton, president of the Canadian National Railway, has been invited to address that general rangements have been made there is a possibility that Sir Henry will Army. The given by 'Miss Booth's Ensign Jackson, who well Booth, and herself a member of the High Council of the Salvation announcement was secretary, said Miss injunction suit but did not come to adjudication at that time because Wilfrid A. Greene, of the Booth counsel, said in court that he did not feel justified in pursuing that point. NO CORROBO ATION OF speaker William D. Black said today, when asked whether he had received the (Cons., Cochrane). ried in the local morning papers said that Mr. Waters was resigning his seat in Neither Waters could be located this morn- PROMINENT BANKER DIES IN MONIREAL Fred W. Molson Was Direc son, director of the off fromr Belsize, British 5 meeting. Although mo definite ar-{today, on the second lap of his air mail flight to Panama, arrived at Tela, at 10.43 time, a radio message said. WATERS' RESIGNATION (By Canadian Press) Toronto, Feb. 5--"Its news to me," A. V. Waters, resignation of The 'report car- the Ontario legislature. Premier Ferguson or Mr. tor of Many Important Concerns Montreal, Feb. 5.--Fred W. Mol- Molson's Brew- 120 0 WORKERS IDLE TIMBER TRADE DISPUTE (By Canadian Press) Melbourne, Australia, Feb. 5--The labor dispute in the timber trade now involves 12,000 workers of whom 5000 are idle in Victoria alone. It is feared the dispute will develop into a prolonged one. Strikers have organized an exten- sive picketing system which has turned back from the timber prop- erties many owner drivers who were conveying the timber mills, STOCK BOOM IN NORANDA THIS MORNING ment by J. ¥Y. Murdock, president of the Noranda Mines, that the company proposed constructing a copper refiner in Eastern Canada, resulted in a burst of enthusiastic uished | buying on the Standard Mining and the Toronto Stock Exchanges to- day. On the mining markets, the stock shot up $3 to $67, while the advance Was even more pronounc- ed on the Toronto Exchange when the stock reached $68.50. The movement petered out toward the close of the first hour's trading, when the range was between $64 eastern standard But Representation May Be Sought on Special C » » Toronto, Feb. 5--Representation on the special Commission to be ap- pointed by Attorney-General Price to investigate the recent increase in automobile insurance rates will prob- ably be sought by tle Ontario Mo- tor League, it was disclosed by R. A. Stapells, retiring. President at the annual meeting of the league, held at the King Edward yesterday. Mr. Stapells explained that the meeting was precluded from discuss- ing the increase in insurance rates and the suggestion of compulsory insurance because the whole question was "as it were, before the courts, or at least before a Government-ap- pointed Commission." "It would seem presumptuous for us to start an investigation when the Government is doing that," he said, "but, the league may ask for repre- sentation on the Commission which will conduct that investigation." y Call The retiring resident also an- nounced that provision was being made for the calling of a special general meeting of the Ontario Mo- tor League to discuss the question of the increase in motor insurance rates should the executive consider that such action was mecessary. STEAMSHIP PAISLEY IS ALLOWED APPEAL (By Canadian Press) Ottawa, Feb. 5.--The Supreme Court of Canada today allowed the appeal to the ship "Paisley," versus the Canadian Steamship Lines, Limited, et al and dismisscd the ac- tion with costs. The SS "Saskat- chewan" owned by the Canada Steamship Lines, was fouled and sunk in Owen Sound harbor by SS "Robert J. Paisley." PRINCE OF WALES ACTS AS KING'S DEPUTY | (Cable Service To The Times By Canadian Press) London, Feb. 5.--Acting as the Extraordinary Values to Be! { Citizens to Shop at Home Thursday, Friday and Saturday of this week will be epoch-making days in merchandising in the city of Oshawa. On these three days, the representative merchants of the city intend to demonstrate to the citizens of Oshawa that they can buy better merchandise, in all lines of neccssities' and luxuries, in the stores of their own city than they can do elsewhere. To demonstrate this the merchants are co-operat- ing in the holding of a sale unpre- eccdented in the city's history, a sale which will offer such oppor- tunities for sdving money that the people will appreciate what their own stores have to offer them. So that the stores co-operating in this sale will be known to all citizens, the merchants taking part in this great three day offering will have their stores marked by pen- nants. The stores carrying the pennants will be those in which shoppers will find outstanding values in the three day event. There' have been hectic days of preparation for the sale, and when the stores open their doors om | Thursday morning the citizens will find that everything possible has been done by the merchants to pro- vide merchandise that is wanted, at prices that will make great sav- ings possible on every purchase. Tomorrow evening, The Times will carry a special section giving the news of these stores, telling in plain language and figures just what they have to offer, and set- ting forth long lists of values which | will attract even the most comser- | vative shopper. It is going to bea' wonderful three day festival of bargains, and readers of The Times are urged to watch for the mer- chants' announcements, and to make plans to take advantage of the opportunity that is being pro- vided for them. CHICAGO GRAIN (By Associated Press) de s early today with speculators tak- ing to the buying side of the mar- ket. Talk was current that corn ex- port business was in progress, and there were, indica fons of another cold wave. Opening % off to 24 up, corn subsequently scored a King's deputy for the first time since His Majesty's illness, the Prince of Wales today received a 'mumber of distinguished visitors {at York House, including various | public officials. ; material advance all around. Wheat and oats likewise showed firmness. With wheat startin- at ders. Chicago, Feb. 5.--Corn prices | IW Lenin RA A gad i; decline to an equal gain, and then rising after a slicht general! sag. Provisions were easy. p_'@assent of the electors is required Offered to Attract Oshawa's before the council can pass the by- law. necessary to either purchase land for an industrial area, erect any buildinzs on the property, or (Continued on page 7) LAST MINUTE NEWS HOT FROM THE WIRE TRIPLETS AT HAMILTON Hamilton, Feb. S5--Triplets were born to Mrs. William Miers here today, mother and children are do- ing well. TROOPS CALLED OUT (Cable Service To The Times By : C Press) Bombay, India, Feb. Troops were called out today te maintain order in the mill district here, where reports of the kidnap- ping of children for sacrificial pur- poses by the Pathamns or Indian Mohamedans, have led to disor 5 SENT TO PENITENTIARY (By Canadian Press) Hamilton Ont., Feb. 5.--Johu Boychuck, found guilty of man- | slaughter in connection with the slaying of Nick Bomback was sen- tenced to eighteen years in the Portsmouth Peni .enfiary here to- day. TORONTO LIVESTOCK (By Canadian Press) Toronto, Feb. 5. -- Livestock re- ceipts, 2,424 trade good; heavy. beef steers, $8.50 to $10; butcher steers good to choice, $9 to $9.50; butcher cows, medium, $4 to $5; calves, good to choice, $16 to $17; hogs, select, $11.75; good ewe lambs, $14 to $14.50. How Would It Grade? A quarter-pound cgg, -that measures cight and one- eighth inches around one way and six inches around the other way, was brought into The Times office this morn- ing. It was laid by a last vear's pullet, a cross between 2 Witte Wyandotte and a \White Leghorn, neither breed being noted for large eggs. The hen that laid this golden- brown egg is owned by George Jones of 453 Mont- rave avenue, who keeps poultry as a side-line to his regular occupation