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I “81' CO! n a. successful tea- mber of the leth- lOil’ leaves for T6: as Spence will at- Immas s and wife of P0! ome on Saturday weeks with friends is rushing things has a. 1ot. of inén bush His stodt y exceed any 31'9- mmcncing business Herb. Faults ,of. mas of Guelph.- lay with m be: with W: 3 place Will xiii the 24th inst. 1e is looked for; 16th. 1903 )K I Port place hercj h, when, a," 1 nuts 38. z .â€"At ‘ gents. this part. neto‘n'will" in thi’ and it isfi be done. 000...? ..0...0...0...0...0...0...0...0.......0.u at???“ 30003.3. VOII XLVI Na. ~ A Mar » ‘1. '. ~ f“ LINDSAY. THURSDAY. JANUARY 23rd. 1902 PORTLAND CEMENT SEWER PIPE FIRE CLAY CIRCULAR SAWS CROSS OUT SAWS \ AXES FRUIT CHOPPERS MEAT CUTTERS BIRD CAGm. The undersigned oflers for sale at very Low Price on very Easy Terms his fine residence on Francisâ€"5t. Fen- From 2 Cakes for 5 cents upwards. We make a specialty of Pure Castile Soap at filling at Penelon Falls For Sale. 800113180093 HORSE CLIPPERS TOILET CLIPPERS IEATHER MI'I‘TS WASHING MACHINES SCALES CHURNS Dunoon’s GILLESPIE 6: Co. um 1'0 01.030“ 8 W 52 Kent-5L. - . Lindsay McLENNAN We Quote 'ha Foilowiu Pr’ces on N“ Goods Just to and: Gillespie (0. HARDWARE, COAL AND IRON TOILET SOAPS BUILDERS’ HARDWARE CARRIAGE HARDWARE PRISM BRAND PAlNTS SCRANTON COAL Ladies’ Felt Congress . 65:: Ladies’ High Felt " . ‘ ,5: ladies’ Juliet Congraxa ‘ beauty - - SI... Ladics’ Felt Foxed Congras 8M5 Ladies’ Felt Faxed Bats . 'SIJS Gentleman’s best all felt Bals. used by the leading curlers, in stock - 52.. Our Hockey Boots defy competit_ion at $1.75,_ C“ sizes as shown in “our ebrner window. E. GREGORY, Always the same. and Always to be melted upon ForBeefTenmd Soup, for the invalid, or for a hot and nourish- ing drink on chilly even- there 13110 better ngbvnm is put_ up in diflpront Than is One clENNAN M30. 5225' and The New Shoe Store We carry the best values in Next A. Campbell's 97m DRUG STORE thin paying mt Cot-crummy. Felt Congress - High Felt " - Juliet Congas-a CO. BOVRIL a bpcblaI-D, U1 “0.. uw-_, . ' tact; but the councu us [stile 508]) at 1901 withdrew x 5 [Don 8 rather kept. that much out o! the A monw subsequently raised by debenâ€" ture which appem as $4144.93 in G STORE the second table at this year's anam- cm statement. and Com- » to be charged with provided by law. shown in the table of assets in the financial gamut of last cokncil. 11:0"st nppeu‘s in this first item of ”sebum table 3, Evidentiy the coun- hdraw this um Sinking Fund- “1“ merely passed a to do it, 10:12: aid statement ($6687.58) mm 1901' withdrew i follows :â€" No monies levied and collected for the put-poo. of a 81!!ka “‘3" shall in any a” I” ”9““! ‘°’ wards win: my Pom“ °‘ W current or other 819°13‘11“” °' the municipdity. ““3 as W b° otherwise authorized by this or usonuchruhbhhm THECHARGE 0ne Lawyer Says Aldermen of 1901 Used Sinking Funds for Town Purposes; the Other Says They Did Not, But My Me An Investment That They find * to Protect Against Loss-«Full Texts of Both opinions. In considering a, quatlon of this uortwemmmvhv-W'W any: shout. it; 161' “brig“ W991! '9 To- some ,utepayen Ibo asked a, legal opinion no to whether certain members of this you". council are disqualified on account. of their ac- tion flth mud to Collegiate nau- tute flaking hands when members at last you": could]. Ir. w an- swers as follows: In dbchuxo of my retainer {or my 123;! opinion as to the status or the municipal councll‘ of Linda: elected (or 1903. I bag but” it! 5‘- MR. HOPKINS HOLDS THAT MR. MCSWEYNA IS WRONG LAWYERS DIFFER CONCERNING QUALIFICATION 0F ALDERMEN MR. MCSWEYN SAYS hYES." EVIDENCE LOSS NOT NECESSARY It. will be notlmd that it. I: not my that the mom should be lost to the municipality In orda- to {nan-r this Modification. not that. m m‘ w: W oorrect administration of munic- ipal finance may, ‘0’ the fixture. , ‘5 far as possible, be insured." I Lest anyone should suppose that £ the deposit of those two mortgages~ upon “town property" in lien 01 tKe 1 unount thereof withdrawn from the ,_ Sinking Fund, will exoneethat mifi-i application of the miss. I need ‘1‘ only say that the class of mortgage5 in which the low permits councils to; invent. such monies "to “Farm"‘morh-h gases. on manly let out. infiec. 4.30% "First. mortgage! on real estate hold and need for farm: put-pales. etc." In contemplauon o: ‘thh Mute “”9 "‘0'?!" MW' -W smaller than in this case, but. .in viewoftheobjecu whlehthoLegis- luau-e had in View. that learned judge lound no ground whatever for exmlng the parties complained against; for in delivering judgment. his lordship used the {allowing words “This conclusion is reached by the application of the doctrine in re Hallett's Estate -â€" that where Trust Monies are mixed at. some '1: “here. leaves no room to doubt that w the anchor: of last year's council who voted tor this (if- mt of these tmst funds, as under the ban of Wifiafion pro- nounced in this 8. 8. 8. The mount involved in that case was much ARD BY THE]! REFUNDED TO THIS CORPORATION ($960. 80) Ill-INT during the present y ,be chased to the said fund. " Thus was a plain direction to mie- epply theee'h-uet Funds and in put-sup. nice olit a. "Perl: Fumi"ot 81127. 04 was constituted. and the nbove reso- lution we: carried out by expending thue Sinking Fund monies in"other expenditures" of the town (perk pur- pom) in direct violetion oi the S. S. above quoted; and u there are only ”14-. 81 unexpended a! the whole of thet perk fund of 31127.)! it is cle'er that dter expending their own prop- er money- (0166. 24) in the outpleee they, also expended upon the Perk ”‘5. 99 of this very Sinking Fund. eontnry to the stem“. THE PENALTY Theresulteoithie Wt eitheBinking andueeetout in B. 8. 8 Mthatflec.418vhlehoofnr (a thin point is concerned my be reedulouom:â€"“Inthemt ole council of e mnicipnlity divert“ hey at odd monies (Sinking Fund nioniee). for currentorotherexpenâ€" ditln'e (use a dome“) the new. benwho voteior thawing 0! mid monies, shall be disqualified murmur-ammonium the period pit-ram .. - 'I‘B‘EPRECEDENT 'lhe Judgment" of the present chen- cellor'ol Ontario, in Cannes}: vs. Smith reported in Q6 0. B. 682. Where similar Sinking Fund monies were practically mieapplied in the { mm r011 pm IMPROVE- e. banker's with other monies and checked out by the depositor. the drawer must be taken to have firstdrswn out his own moneyin preference to the Trust Honey" (in this case that the $166.24. were used More any portion of the $960.80 Was-used). “The res- idue was impressed with the cher- “W of m'onies belonging to the Sinking Fund. and the act of the defendant was; pram s'di: version 0! this fund in contraven- tion 01 the statute. The present investigation is not one respect- ing a matter 0! crinimel import. so. that condemnation should be withheld unless a guilty know- ledge be established. The object of the‘ Legislature is to cheeh careless, unbusinesslike manage- ment 0! the public monies. and with this view to inequality man- bers of the council. who. with or without design, commit breech-- of trust as to this fund. Ignor- ance that wrong is being doneâ€"â€" so fer from erasingâ€"is the very thing that the 13‘ seeks to mark. with disapproval. ~. The string member whether he goes “trey in the light or in. the dark is no under two you" sentence oi exâ€" clusion {tom “OM11: ordgr tint. 75¢. a Year In Advanaez'tl if not so:Pafd i I: _. , Heismking Fund, , ‘ “ i an!“ 1;;th “um w , tb ‘qv or!‘ "-ealing's‘wiflwwm Raking Fund, which I understand It it alleged disqunlmes you and othtr bend Wand m- d 1 opinion til} you. are-10¢ in my Way disqudified. , The statute, sec. 418. sub-section 3, provides that ii! the event 01 the. council of o. munici- pality diverting any sinking {and {or arrent or other expenditure, tic members whoxoto for the same shall he diaquiimd for" two cars. ”New, in order to bring any member within this section it is necessary to prom: maybe voteh tor diverting sent sinking fund {or current or other ex- penditlnn; not. tint he votedlorin- vvestingdtjmproperb'. but that , he voted for using it improperly for cur-â€" rent creamy White; The N- zagty tor, fig'put‘ih ah W {investment is "an entirely diffenut jWnnndrbmvided for by seaâ€" ;mm [minim ”Quint um mmwwom RM” provide inW and“- ply means that if a member voted for on investment in a security not .m- thorized, and my loan is sustained, if mm .Joesgthfire iszmo Hurt -nlty. a: 53:1, h < -‘ '1 3km of the Sinking Fund in these mongages. and thus securing six per cent. interest instead of 3 per cent" Now, strictly speaking the statute requires investment in farm mortgage but as the mortgages already beiong- ed to the ton and were known 30 mortgages, amounting to $960.80. bearing interest at 6 per cent. on town property. given in part payment for Queen's Square. These were con. sinned or treated aspart o3 aPark Fund, but under what authority I am not aware. But not being immedi- ately required for park purposes and money being urgently required for extensions to the Waterworks to Rider Kitcboner. The Batbbun (‘0. men. I. Baal gather Co., the comr- of (got #13301) decided to dis- fii Qtflcxagestaqd 1nd the money to r Comdfis‘sionets Ior'thstpurpose Atthesametime he eg' ‘ 31mm? epogfted m the" we, bearing interest t 3 per cent” and m‘f‘afib‘ on #10118!“ :t 4pe t teas thought that it would be tin the interest of the town to Invest tbe'anking Fund in these mortgages. which were known the toapfl'vflemlfld letting ‘get them.“ : Wemwwespendon T0 ”or 133% Toinf Solicitor Hopkins gives fly following opinion with W to the disqudifiufion of himself and other members of coun- a; Mud-doll” won with Collegiate ng Funds, 138 year '8 coun‘ ”M a“ a, .1 n '1?" A,» -Wor a ‘W a: in Moi-this “£5.”me ant retainer is at”!!! end with a}; {mum WWW. and ES use no WWW‘ who on at which I have arrived. Yours Truly, «I'm HcSWEYN '. the monies to“ their own use. If such a charge should be made. or W inphznted‘by'any person, I mud ofly'to say at it is without (Wanton. It, is enough or per- htbutnordfflun cough, Chat. by the misappuution of these Trust Funds to tote: purposes. those candidates who unsalted to it are brought with- in th ' ,mwtory disabilities. I dull) ”homing either in faVor of or ageinst anther proceedings being mm mummy-m do not disclaim of their on gourd. It is for citiaens to proceed or not just. a they think 9:9 .- Two!“ new awfiwfimsw Lindsay June‘15th. 02 II. MIN! SAYS NCO." $00:th on Pm 3.) W‘fmlfim 1902