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A real or fancied ottense of cer- tain citizens of London. Ont., in 1907. cost that eity's aged and needy poor a sum of over 8600.000. which may now be turned over to a town in England which has been heavily .hombed by German air raiders. the lOntario Legislature heard yester- day afternoon. The nature of the "offense" is not known. Some claim that it was I disagreement between tt wealthy bachelor Jeweller and civic officials over city audits. The story was brought to light when lan Strachan (Lib.. Toronto St. George) requested that the House suspend usual procedure and send the Peter Birtwistle priv- ate bill to the Private Bills Com- mittee. instead of to the Commis- sioners of Estates. for approval. Owing to the special proposed ap- plication of the funds. the Legis- lature unanimously granted the re- quest. - - . LONDON ESTATE IS SOUGHT NOW FOR COLNE. ENG. Mr. Strachan stated that the late Peter Birtwistle. who died in April. 1927. had left his estate in trust for a period of twenty-one years. "hen it "as to he turned over tn his birthplace. the town ot Colne. in Lancashire, England. to aid the aged and deserving poor of that place. He paid particular stress on the fact that it was to he used partially in helping war veterans. Mr. Birtwistle came to London as a boy and established a jewelry business in that city. Prior to 1907 he had a will which left his entire estate to the aged and deserving poor of London. Ont., but in that year he changed his will after a dis- agreement with certain citizens of his adopted city. In 1918 he estab- lished an irrevocable trust, cover- ing all his assets. and the trust was to accumulate until his death and twenty-one years afterward. This would terminate the trust in 1948, lie had hoped that hy the time the trust expired his estate would have grown to a million dollars. Five years ago Colne Town Coun. ril attempted to obtain a portion of .the estate. in order to commence a housing scheme. but Mr. Justice Fii'i, refused the application. Later l a private bill .was lost. In supporting his request, Mr. Strachan said Colne had suffered heavily trom German air attacks and that there was great distress. The bill he presented called tor the pay- TRUST ESTABLISHED Lute Jeweler's Fortune Lost fo Adopted City Because of Old Slight MAReg u mom. out of the trust fund, of 838he 000 to Come immediately. Since Mr. Birtwistle's death in 1927 the estate has grown until now it totals $595,674. Ot the amount proposed to he released. 60 per cent would be paid to the town for pro- viding homes. and the remainder, $154,000. would be invested in trus- tee certificates, the income to be paid to the town annually for the maintenance of homes. The balance remaining in the trust fund, $210,- 674. together with further accumu- lations. would be released at the rate of $57,000 a year until the fund is exhausted. ABSENT M.LA.'S GET 'i?0li(Nii' FROM COL DREW A verbal spanking of absent members on both sides of the Legisi lature yesterday hy Opposition Leader Drew touched off fireworks when Acting Premier H. C. Nixon declared that the responsibility lay directly on the individual meme hers. "I don't know that the honorable member's lecture is entirely dc. served," said Mr. Nixon. "It' was entirely gratuitous in any case." By count. there were forty-eight of eighty-five members present when Colonel Drew asserted that absence should he dictated only by absolute necessity. The agenda called for discussion of legislation, he continued, and one of the things Canada was fighting for was the right to govern by open discussion in legislatures. Unless members ac- cepted tleir obligation, there was, he said, a chance that disrespect might increase for the very thing We were fighting for. Mr. Nixon recalled that. last week Colonel Drew was absent when he attended a conference in Atlantic City. He did not know whether or not such absence fell within the term "unavoidable absence." "It is utterly improper and I re- gret I must say only typical of the member in which he referred in i slightinss way to my absence in At. lantic City," retorted the Opposi- tion Leader. "It was no more of a slight than the one you made lo the members who are absent. today, including the Premier, who is away preparing his budget address for Friday," said Mr. Nixon. Tho Provincial Secretary de. clared that Premier Hepburn, two years ago, "pointed out that the Leader of the Opposition was abr sent more often than the Leader of tho Opposition should be." 'hhiririlitilni, closed quickly as the Act in: Premier called the next order. V Responsibility L i e ' With Individuals, Nixon Replies, During Debate 37 NOT PRESENT