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_ THE OSHAWA DAILY TIMES, } SATURDAY, NOVEMBEK 28, 1931 towns operate, but it is under- stood that both associations favorable and it is more than i | that they will endorse en: ¥ tering teams in the new league. 'Gets New Industry Cobourg. -- Cobourg is to have "od in Pitchburg, Mass. another new industry in the shape ~of a plant for the manufacture } firearms and cycles by the ver Johnston Arms and Cycle] Works (Canada) Limited, the a branch of which oca oy The Ei t of the H. W. Cooey Ma- plant and Arms Company will be utilized for the manufacture, and according to the Cobourg "Sentinel-Star," work will be commenced in the beginning of the year. grole From Benefactor Kemptville. -- Carl French, af, St. Catharines, Ont., was ar- vested in a coal car at Bedell by flonstable Alex. McLeod, Ontario * Provincial Police, for the alleged * theft of a sweater, pair of trous- ers and a small sum of money 4 from B. J. Tompkins, farmer, of "Miller's Corners, who befriended him. t Spoilt Sale Er eton, -- An enterprising youngster invaded the Bank of Montreal with four or five collie pups in his arms and endeavored . to interest the bank staff and cus- ! torsers in his wares. He attraet- "od » good deal of attention and might have persuaded a prospec- tive purchased of National Ser- "vice Loan to switch to Puppy Dog "Preferred if Bad Luck, In the shape of a black cat, had not | stalked Into the bank at the psy- chological moment and spoiled the sale. St # Tutcher Shop Gutted Perth. -- Fire gutted the but- + cher shop of L. Brown, on Wilson "street, Perth, destroying the front of the building, and several hun- _ dred dollars worth of machinery. : The exact extent of the damage "has not yet been estimated. The * pufldings, which {1 a two-storey ; © frame structure, is owned by Mrs. "I. A. Ferrier, Perth. The loss is » ay partially covered by insur- | dislocated his shoulder, 7 : oe narrowly Werden injured | © Kingston. -- Warden Ww. G. e:ngle of the County of Fron- c is a patient at the Kingston General Hospital. While work- {ng north of Arden on Wednes- d Warden Pringle slipped and He was ht to the hoapital and his attended by Dr, M. J. n and he {as now reported resting easily. The dislocation preven' Warden Pringle active work for shout a iy but it is expected that he be able to leave the hospi- tal on Sunday. Ind Narrow Escape Ibank. -- A fatal accident Jyented just west Tamworth t week, when 3ecrge Flynn of this village was pre og by a hit-and-run. motorist. Mr. Flynn was driving a buggy a I ho a in b m, e buggy The De vor in lding the horse's reins bul was dragged through the rnd fo: some 4d His clothing was torn and he receiv: ed a severe shaking up and con- siderable bruises, Deck-Hand Drowned Cornwall. -- Slipping from the coping, near the foot of the Sou- langes canal,/about 40 miles east of here, Maurice Ross, 24-year- old Cornwall boy was drowned. At the time Ross was carrying a cable from the steamer Teak Bay snd was attempting to fas- ten it on a snubbing post. He was employed as a deckhand on the boat. Presented With Watch Brockville. -- Members of the staff of the Ontario Hospital pre- sented the retiring superinten- dont of the institution, Dr. W. M. English, with a gold watch and chain, He is leaving. the Ontario Hospital service in the course of a few days after long gervice at Hamilton and Brock- ville and will be succeeded by Dr. D, R, Fletcher, now Inspector of Provincial Hospitals, frida Napanee. -- No better tribute could be paid to the splendid work which the Napanee Poultry Association ig doing than was evidenced on Wednesday night when approximately 275 people from all parts of the district met at the town hall, and gathered around the festive board for the asunual banquet. .The Napanee Poultry Association was formed many years ago, and at the pres- ent time, the membership is the iargest in the history of the club, registering nearly 140. Won Poultry Prizes Picton, -- Charles Saunders of Milford, formerly of Belleville, won a number of przes on his ight Brahmas at the Royal Win- tes Fair. He won the cup for the best display of birds of this var- fety and also had first prize cock- eres and cock, second prize pullel and third prize hen. Mr. Saun- ders took only a small number of birds to this show and his winning some of the main prizes is indeed a noteworthy feat. Mr, gaunders has recently purchased a farm at Milford and is going in- to the poultry business on a more oxtensive way. Entertained Inmates Kingston. -- Inmates or the Kingston Penitentiary were given an opportunity to hear George Wade and his Corn Huskers or- chestra, which is appearing in the city. Realizing that this novel entertainment would make a hit at the big Institution the War- dep made arrangements with the .oce] committee in charre of the Corn Huskers' visi. to Kingston, and, after a telephone call to the orchestra in Toronto the plan was completed. 'The musicians were the guests of the Warden and staff 'at luncheon st noon Thursday and then gave a per- tormance for the inmates, Store Was Robhed Almonte, -- The general store of W. West was broken into at ap early hour on Wednesday morning and goods stolen to the value of about $100, as. far as can be estimated at present. wp ee NOTICE OF 1} and will be open for Business at 9.00 a.m. Mon- day, November 30th, at the Public Utilities Build- il ing, 100 Simcoe Street South. 'CHAS. T. BARNES, '| the sals of the Oshawa fing staff or Utilities | gas franchises to the company. . | sent time to pay a visit to the Ontario Shore Gas Co, Has Made Great Progress Now Has Franchises in Two Cities, Three Towns and Five Townships -- Has Spent Nearly $300,000 in Improvements and Ex- tensions to Oshawa System : With the securing of a gas fran- chise for the township of Thurlow, near Bellexille, in a vote taken on Monday last, the Ontdrio Shore Gas Company . has completed, for the year 1931, its activities in the form of securing gas franchise for -the extension of its system. It is likely that in the beginning of 1932 fur- ther progress will be made in this direction, but for the moment the company is marking time, and tak- ing a breathing spell after eight months of intense activity in and around Oshawa district, and also in the Belleville area to the east. It is interesting, at this stage, to review the whole situation which has de- veloped . since the company took over the Oshawa Gas Plant and Distribution system on April 1 of this year. : There have been two distinct an- gles to the development of the com- pany. First, there has been the improvement and extension of the Mocal plant and distribution system, an, secondly, the securing of fran- chises and the creation of the first links in a Central Ontario gas dis- tribution scheme, The First Steps Frist of all, however, 'it would be which the Ontario Shore Gas Com- panv entered this district as a pub- lic utility company. After about a year's operation of the local ras plant, with a substantial loss, the Oshawa Public Utilities Commission in 1930 established the unofficial policy that it would sell the gas plant if a purchaser who was will inz and able to finance the purchase hh ri ios J. T. MILNER Vicerpresident and general manager of Ontario Shore Gas Co., Ltd and the proper development of 'the plant could be found. Accordingly, Lt.-Col. B. J. McCormick, the city's industrial commissioner, was advised of the situation, and informed that the commission would consider the cale of the property along these lines. Col. McCormick lost no time in establishing contacts, with the result that late in January 1931, representatives of Utilities Power and Light Corporation of Chicago appeared before the commission with a proposal to purepase the Oshawa Gas System, This resulted in' agreements for the purchase of the place, the granting of a fran- chise and the fixing of their assess- ment, being set up. The electors of Oshawa voted on these on Saturday, March 31, 1931, when the by-laws approving the agreements were car- ried by the following votes: Sale of Gas System; For, 1401; against, 341; majority in favor, 1060, To grant Franchise: For 2066; against, 577; majority in favor, 1449, For Fixed Assessment: for, 1283; against, 373; majority in favor, 910. Carrying out these agreements, as System was closed on April 10, 1931, the cash consideration was 4 over and 'the Ontario Shore Gas Com- pany, which had been organized to own and operate the Jaret, took session as of April 1, 1931, with . T. Milner, one of the engineer- Power and Light Corporation as the general manager, $266,500 Spent Under the terms of the agree- ment, the company was obliged to snend, within the next twelve months after the date of the formal sale, to spend $100, in improve- ments and extension of the ind system. How: well this part of t agreement has been carried out has shown in a statement made public on October &. when it was stated that up to' Sept.' 30, 1931, 'no less a sum than $266,500 had been spent by the company in doing this work, This sum of $2 included $85, 000 which had. been paid in wages to workmen at the Oshawa. plant, on the extension of the Osh- wa gas mains, and the laying of ransmission lines from the plant to Whitby and Bowmanville, which in the - meantime, has also granted . Phnt Transformed ] It is of great interest at the See awa ~as' plant, and to note the trans{.i mation which has taki place. Before the purchase, th lant was a tumble down affair, looking sadly neglected, and with Since Buying Local Plant of interest to review the steps by | G. D. CONANT, Counsel and Canadian Director for Ontario Shore Gas Co., Ltd. tative of The Times visited the plant, and was amazed at the trans. formation which has taken place under Mr. Milner's direction and supervision. In the first place the bld gas plant building has been al- most entirely . rebuilt, additional height being provided to take care of the new equipment. A private station has been constructed. New purifiers have been erected outside the plant itself, and equipment to keen the tar residue from getting into the city sewers. has been in- stalled. Inside the building there has been a complete transformation. The new gas making set which took the place of the. old equipment is of the latest type, and its installation has been a masterpiece of engineer ing skill. The place, painted in al- uminium and gray paint, now looks spic and span, and the substitution of an electric hoise for the old out- side ladderway for taking the coke un to the top of the gas-making set has entirely changing working conditions. The boilers, the pump- ing and meter equipment, the con- densers, are all new, and have been fitted into the building in such a way as to give the whole plant the appearance of efficiency which it so | sadly lacked under the old regime. A New Building On Emma Street, where an old double frame house used to stand on the gas plant property, there is today a trim-looking building, which contains the office of the plant sup- erintendent, the government testing room, a storage room for materials and meters, and a large garage. This building, taking the place of what was formerly an eyesore, has made a great improvement in the appearance of the whole surround- 'ngs of the gas plant, The lawn has been graded and grass seed olanted, and all debris and refuse have been cleared away, so that the whole site now has a neat and at- tractive appearance, The trans 'ormation is so amazing that it is lifficult to believe it has been ac- :omplished in so short a time. Distribution System So much for the plant itself, The distribution system in Oshawa has been -greatly extended, scores of streets on which there were former- ly no gas mains now being supplied, This has, incidentally, provided em- ployemnt for scores of Oshawa workmen, and has enabled the com- pany to extend its distribution area in to several important sections of the city which hitherto had no ser- vice of gas available. Gas transmis. sion lines have been laid to Bow- manville and Whitby, to the extent of about 60,000 feet, while the total amount of gas mains laid in Osh- awa, Bowmanville and Whitby serve consumers has reached over 136, Yeet, a total of over 35 miles of gas transmission lines and supply mains. In 'the maintenance and operation of the plant, the company «had soent, up to October 15, a sum of $19,000, of which $5200 had been spent in wages, Since these figures were compiled more than a month ago, the total by this time is con~ siderably larger. Extending Area 2 While all of this work was going on, the company was extending its range 'of operations throughout Cen* al Ontario by securing other franchises. After securing the Osh- awa plant, the company decided not to dela the extension of its field. On April 13, 1931, the aopointment of D. G, Conant, of Oshawa, as counsel for and Canadian director of the Ontario Shore Gas Company was announced, and, Mr, Conant from 'that time, has been largely in charge of the details of the various franchises and votes that have been provided for throughout the area served by the company. Whitby and Bowmanville Immediately following the pur. chase of the Oshawa system, nego- tiations 'were opened with the town of Bowmanville and. the town - of Whitby, for- obtaining franchises, so that the system might be extended from Oshawa to these towns, On May 9, the electors of Bowmanville voted on the bylaw to grant a fran- chige, the result being that 867 votes were polléd for the bylaw and 72 votes against, a. majority of 796 in favor of the franchise, On May 16, a similar vote was taken in the town of Whitby, with an equally convin- cing result, the count being 655 votes. for the bylaw and 55 against, a favorable majority, The Bellevil Vote In June of this year negotiations were opened with the city of Belle- ville Yor the purchase of the Belle- ville gas system, and finally agree- ments similar to those provided in Oshawa were set ap, e ratepay- ers and electors of Belleville voted on these bylaws on July 30, and they were carried by the following votes: Sale of Gas System :--For, 681; against 38; majority in favor, 642. against, 72; ity. in favor, 1018, sin, 72; lr vr, Following - tius, "the. company, througn Mr. : tlego- tlatious 10r a tranichise 1n tue town of 'Arenton, and on. September 14, 1¥31, toe eiectors of that 1own votes to grant the 'Untario Shore Las Company a tranchise by a vote oi «¥/ tor the bylaw and 209 against it, 38-majority of '578 in favor ot the chise, 'i Later, with a view, fo further < tending the Oshawa system, a fran- chuse was secur fom tae, town" | [slyp of East Whitby, the vote be- mg taken 'on Oct JU, and re- suiting in U6 voting for the bylaw and only 14 against it. Last Monday, to. complete the year's operations in: this field, the electors of the township (of 'Lhur- ow, adjacent to Belleville, voted on a franchise bylaw, and carried it by a vote of 620 to 17, a yote of prac- tically 35'to'1 in favor of granting the franchise. ' Serves Large Area As a result of all these votes, the Ontario Shore Gas Company, Lin- ited, has secured franchises cover- ing all the territory in the follow- ing municipalities: Cities of Oshawa and Belleville; towns of Whitby and sowmanville and 'L'renton, and the | | township of East Whitby and 'L hur- low, In addition to these, however, the company -has also obtained fran- chises in parts of the townships of Whitby, Darlington and Sidney, these parts being the area through which the transmussion lines run irom Oshawa to Bowmanville and from Oshawa to Whitby, and through which the transmission lines will run from Belleville to I'renton when it is constructed. As the franchises in these three town- shins cover only parts of the town ship, which will be supplied with gas from the transmission pipe lines it was not necessary, under the law, to take a vote of the electors in these cases. Franchises Assigned In order to comply with the laws of Ontario, which provide that a franchise must be secured before a company can be incorporated to op- erate the franchise, the agreecemnts for the city of Oshawa, the towns of Bowmanville and Whitby, and the townships of East Whitby, Dar- lineton and Whitby were originally granted to Ben E. Tate, vice-pres- ident of the Utilities Power and Light Corporation, and were later assigned by him to Ontario Shore Gas Company, as required by law. In the same way, the franchise in the Belleville district, comprising the city of Belleville, the town of Trenton and the townships of Sid- ney and Thurlow, were taken into the name of Eugene C. Lang, as- sistant to the executive vice-pres- ident of the corporation, and were similarly assigned to the Ontario Shore Gas Company. While the future plans of the company have not as yet been di- vulged, it is understood that after the beginning of the new year fur- ther steps will be taken for the ex- tension of the gas distribution area which is being served, with the idea of completing the plans of the com- pany for a large distribution sys- tem extending all along the lake shore from Whitby to Belleville, APPEAL COURT GIVES DECISION ON COPYRIGHT Interesting Test Case In- volving Newspaper Rights Is Completed Winnipeg, Man.--Notation of copyright on original articles is not necessary in order to assure protection of- the author against unauthoriced republication, ac- cording to the appeal court of Manitoba. By a three-to-one judg- ment, the court recently reversed the finding of the trial judge in the case of Francis Gribble, Brit- {sh author, against Manitoba Free Press. Five months ago, Mr. Justice W..J. Donovan dismissed the suit of Gribble, who objected to pub- lication, without permission, of an article written by him and copied from the Ottawa Journal, NO notice of copyright was car. ried with the Journal's article, which was a reprint of a story by Gribble entitled "The Life of Louis Hemon," and originally nublished in T, B.'s Weekly, a! London, England, , Friendly Action Characterized as a friendly ac- tion to test a newspaner's right to nublish a British author's article without his consent, the case now stands with judgment entered for nominal damages in favor of Grib. ble. The damages are léft to th~ parties to settle hetween themse ves, as they intimated they would do. No costs were asked in 'th trial, and none were granted + the appeal. All four of the appeal-court judges opposed the view taken bv the trial judge that the Free Press innocently infringed the copyright, having 'no reasonable grounds 'for suspecting that copy- right subsisted." They inclined to the view that proper attitude of mind of a Sopyint toward a work he copies is that copyright exists unless he has evidence to the con- trary. , Dissen View' Dissenting judgment was en- tered by Mr. Justice W, IH. True- man, who held that the appeal turned on the point of whether notation of copyright should have accompanied the article, Accord. ing to: Judge Trueman, Canadian papers which copy articles orig- inally published in England, for instance, are protected from copy- right-Intfingement penalties if no prohibition of reproductfon ac- Companies the 0; iad x udge eman his stan on Article Nine of the Berne i ternational Convention, which has been adhered to hy units of the British Empire and many. other nations, excepting the United To Grant Franchise :--Far its equipment almost falling tod pieces. The other day a represen against, 47; majority in favor, 500, Fixed ssessment :~--For, 1090; | States, This article permits producing of news os alicier by newspapers in other countries, adbering to the comvention '"'un- less expressly forbidden." According to the dissenting judge, Article Nine {is plainly dominant ovér Article Four of the convention, which gives to au- thors, subjects of countries sub- scribing to the convention, the rights of the respective statutes "not subject to the performance of any formality." Under the right of the Canadian statute Article Four would thus give the author entire protectfon without tormalitiy Author In the opinion of three judges in the majority, the Berne Con- vention did not apply to the case under consideration, although'the article in question was such as to come under the convention's 'erms. They felt, however, that the author is protected through Canadian Copyright Act. Where- as the copyright could not be en- forced under Article Nine, be- cause of failure to forbid repro- duction, they considered that the effect of the Canadian was to make absolute the protection of Article Four. Under the Copyright Act, the section covering suit for infringe- ment entitles the plaintiff to no remedy other than an injunction 'if the defendant proves his alle- ration he was unaware of the ex- fstence of copyright and had no reasonable grounds for suspect- ing that copyright subsisted in the work, The Free Press pleaded this sectfon and pointed out that publication was made pursuant to a general custom among newspa- ners in Canada of copying articles in other Canadian newspapers without consent. The Trial Verdict Judgment of the trial judge found that copyright subsisted in the work under consideration but that The Free Press was not aware of the copyright at 'the time of the publication of the ar- ticle. He refused the injunction provided for as six years had elapsed since the time of publica- tion and there was never any at- tempt or disposition to repeat fit. The appeal judges, however, found that The Free Press plea of unawarene; of copyright could not be susfained. Mr. Justice A. E, Prendergast quoted from Co- pinger on Copyright: "It is sub- mitted that the proper attitude of mind of a copyist toward a work that he copies is that copy- right in that latter subsists, un. less he has evidence to the con- trary. . . It is submitted that no person has a right to assume, without inquiry, that a work pub. lished anonymously is NOT the subject of copyright," Referring to The Free Press' defence on the basis of the arti- cle containing no prohibition against reproduction, Mr, Justice R. M. Denistoun remarked in his judgment: "That might be a good defence if the plaintiff could seek his rights under the Berne Con- vention only, but he says that in addition to the rights given him by the Convention he has the Jager 3nd wider riehts given by e nadian Copyrigh clearly that ig ry sh: Act um The Proper Attitude As Judge Prendergast, Judge Denlstoun agreed with Copin- ger's suggestion that the proper attitude for the copyist is that conyright subsists unless he has evidence to the contrary, Mr, Jus- tice H. A. Robson took the same stand as Judres Prendergast and Denistoun that the author's right nnder the Canadian Act are not to be limited by any exception nroveded in the case of the pub- lishers by Article Nine of the Con. vention, ---------------------------- Itealized $106 Kingston, Announcement was made today that the sum of $198 had been coMected by the lycal committee of the Grenfell Labrador Mission from the lec- ture delivered 'by Sir Wilfrea Grenfell in Grant Hall on Tues- day evening, The committee was quite pleased with the amount realized in view of the fact that the collection was voluntary, She: We really should get a new car this year, He: What, when I'm still pay- ing installments on the car I ex- chunged for the car I sold In part payment for the car I've got now! Gold Output Shows Gain Over Figures for Three Quarter Period of 1930 Toronto,~--The Ontario Pro vincia] Department of Mines says the most prosperous section of Ontarfo's mining industry during the first nine months of the year was gold mining, While the aver- age grade of ore treated in' the mills fell from $9.15 per ton in the first nine months of 1920 to $8.50 in 1931, there was a mark- ed increase in the quantity mill ed which rose from $2,825,397 tons to 3,683,682, or a gain of about 30 per cent. This increase was mainly due to the bringing in of the new Dome mill of 1500 tons dally capacity, and to the enlarged mills at the Lake Shore and Teck-Hughes, the Lake Shore being increased frgm 1375 tons to 2400 tons per day and the Teck-Hughes from 925 tons to 1300 tons, Completion of the new McIntyre mill has had the result of raising the average daily rate of 1580 tons in September 1930 to more than 1800 tons for the corresponding month this year, while the Howey rate increased from 442 tone to 623 tons, The total tonnage of gold oré milled daily in Ontario during Septem- ber this year was 14,185 . as against 10,700 tons for the same month of last year, New Discoveries Interesting new discoveries of gold have been made in 1931, At Red Lake a promising find was uncovered on McKenzie island by J. A, Munroe who transferred his option to the Coniagas Mines, Ltd. In. Swayze township, about 18 miles northeast of Ridout on the main line of the Canadian Pacific Rallway, free gold was found by the Kenty brothers in large well defined quartz veins. In this locality staking became active and about 400 claims bave been recorded, A new find of gold was made at Little Long lake east of Lake Nipigon on the Sudbury-Port Arthur branch of the Canadian National railway and considerable staking was done by prospectors, These three finds were of sufficient promise to warrant examination by de- partmental geologists, whose pre- liminary findings have already been made public. Development Work Development work was con- tinued by the Mining Corporation of Canada on the Ashley find in Bannockburn - township, Matache- wan area, and the main shaft was carried to 2560 feet. On the 125- foot level two shoots of ore totalling 167 feet in length and over a four foot width averaged $7.64 and $8.04. On the 250-foot lével, one shoot for 198 feet showed average values of $17.87 over four feet and another for a length of 76 feet showed $7.00 over a 24-inch width, Other nar- row veins were noted branching from the Ashley vein. A diamond drill hole proved the continuity of the deposit to 700 feet in depth, Sinking of the shaft to 600 feet was resumed late in September, Great activity was in evidence at Kirkland Lake, where the mineral zones in the important mines were developed to greater depths in excellent ore. The east- ern and western extensions 'of this camp were also actively de- veloped, with interesting results. In addition to the increased mifl- Ing capacity at the Tack-Hughes and Lake Shore, as mentioned above, ofl flotation Las been in- troduced at the latter mine gs 8 prliminaty treatment of cyanjd- E, resulting in a regovery. . higher gold Figures of gold output from all sources during the first mine months of 1931, as reported to the Ontario Department of Mines, were 21.3 per cent. in excess of the corresponding figures for 1920, Indications are that the total gold production of the Province for the calendar year 1931 should reach 43 mil- los dollars, an amount practie- y equal to the tota output in 1930, i Conagian AGREE ON NEED OF REPORTS IN POSTAL OFFICE Claim Made That British Mail Services Wasteful London.--Prominent men both on the government and on the opposition side are agreed that the Post Office should be reform- ed. Lord Wolmer, who was for some years assistant postmaster general, declares that this great business is run by amateurs, and through lack of collaboration and of professional knowledge many millions of the tax payers money are wasted. The Post Office, says Lord Wolmer, still retains rough.' ly speaking the organization which it assumed when it was established in 1855, ' Rt. Hon. C. R. Attlee, who was for a short period postmaster in the late Labor Government, sug~ gests that this Department should be placed under the general di- rection of the Minister of Trans- port, and should be administered by a non-Parllamentary Post master, Lord Wolmer's remedy for the present alleged defective stage of the Department is that it should be converted into a public utility company in which - the State should be a large share- holder. He further suggests that a "consumers council" consisting of 50 Members of Parliament' or thereabouts should be charged with the ventilation of local and general grievances in regard to the service. Announcing -- The Appointment MORLEY JACOBI Representing NORTH AMERICAN LIFE A Mutual Company - All Profits Paid to Policyholders OFFICES--KING ST. EAST PHONE 3250 | CLOCK AT THE BOS