b14y a~a pmuf.tU r, qeat.S wreni ~uaiie8 iaao>' Swith respect to ag.ospital in i ~tby. vich hedcaredwas proof of bis votée rdused toe ei$orse a lban afle Dr. G, L. btaedouga1l, Seuetary of! wantof $5,0W wa8 iow i~iid s th, lOnt a muccota oM te thWjear 5. cHoePital Board, -testifted tbat the timé ehad expire i ni wiich paymfent1 ~yMr. Knight'sr~ ly WSS thf t ru~tnstees of the -pre8ent bospital are junertsirmcoiledeadd1. It wM !further explaied that the conipany had beezi a victi O! unfor- the provisionary board- Dr. à liscdou- Mr. conaiit submitted that under the by: irm'had chosen Whitby a suitable tunate circuuO,=1MC& They lia "'i gail stated 'that there Was au old ternis o! Whitby's bylaw, which voted teni Oction for Its industry on accout of reality recelved the required RfajoritY Board existmng from. 1921, and froni money to, erect, establish and equip tai tg close proximity to the Toronto and for the bylaw, w * hwa8 twoUthirds, tiine te tie there were suggestions a hospital in whbom henoneyso was 1 Là gtern muarkets, and aise ofregt>u wehe ntnonlY rtht the Board should get buSY on a mentioe ,whmtenoywatat orIg tlite n hp I reg. errbr the clerk allwed thirty votersiý Hospita.hIn September, 1926, the be paid, and difficul* would be cx- ' Wbat of the Nlght? te cast two -votes bevause they owneOd Town Council called a publie meeting perienced ini cellecting evefi if -the by- the Spealing as a inember of1 the special PMIperties in two wardà s4 while. thrcete. discuss the Hospital'question. Lat--Iaw was sUilini force on this account, Bol :omitts. spponted by the Council voters cast three vqtes, which Was er, on Novemiber 2ud, at another meet- It was further claimcd that Whitby W> nvestUgate the company'8 financial contrsry te Iaw. Lâtçr when Uic ques-; ung 1of cîtizens, a ,committee was ln- Hospital Board did flot corne withiu n position, Reeve Albert W. Jackson tion of a ze -vote' was consideied it structed te proceed with plans -for the thc termis of Uic wfll as there was .nol waassedby ii Myor te address was fouad te be telt frtea-; erection o! the WËhy Memorial os- substantial compliance with the con- the meeting, Ris Worshlp stating that proachiflg electiufl and Uit emay ianad thereafter the Conimittees ditions .o Farewell- neyerinedd acqaiee got busnoy shr cton ad had plans prepared, a that bis money shoubd be spent on. he cempany's proposais' than he was. ReeJcsnakdta oeo approved by the Government, anu- serneaun teniptot build a hos- Thie r..'. stated that he did net wish the meingb aesaigta ary, 1927. Plans, )aowevefl were r-ptli hty and furtiier, Uic o . eoe uonasaknocker if he ever the Council required thc support ceived by the -Board pirior te thc stak- 1Whitby Hospit> Board, had ne Iand pointed eout what he conidercd sorne of. Uic ratepayersi it was 110w.H ing eut, in Decembc2r, 1926. Witnýess on which t-9 build a hespital, 9s the jinavralefatawheh he thought ponted out thati befôre the bylaw _Stated that $7,600 had been subscribed ternis ef thc deed had not been cern- shecld b. placed before tepupe oteoud0g1 ethe euplt a eq tree-fiThe by the citizefla for the hospitai, bu le ih far as he wasg COn cerned, and h. e o teConivoatcq e s T eW being paid, and this amount., Wlûîby's CotnLe UioghtUi1~h Cuncl ws untybylaw required twé th4rds f thevoe less paynfts muade for taxes and A. G. Browning, fr the Whitby thought h. ate e e ucnwsfactor-Y of those ntitied t9~ vote on mouey by- other purposes, was now in Uic bank. Hoe~ital Board, stated that Col. Fare- es lpcated, lu Whitby. Fromn these he Bisdthni olls have t-beMr. Underwood was doing bis excavat- well meant just what h. sadi i woud bneft crsnaiy ii is wnpassed by the. Private BusCn nit-i1n Deceruber, 1926y wheu tenders wili. -Re wanted te give.$3,OOO for the. would ne udtherstew n oi be bn- tee of the Ontarlo Legilature. A~'n for the main building were .cailed for. erection and e quipmento! an lhospital, %ltd eneaLy.The ratepayes o rp0t£wnrcui tac tthr.Work was net procceded with after, in Whitby, net oniy as a memorial te, fied geerll. t would aise have- to have the ap- 1926 because the Toronto Gencral ims u salstn eei the Whtb wrebengaà edtoexpedproval o! the Otri aiw0 u Trusts Corporation gave notice o! a, citizens o! the Town1 among whonih $10,0 ona isn y f acte'rY--' - Municipal Bordefore it finali>'b. protest.froni the Oshawa Hospital. had lived for su' many years and tory which mnust according te threcmeaW sta.mi4o! icprmutrs b e- cmer urbr isUsin <oto Board re the. payment o! tue bequcat , where he was heickin te iiighest es- tiret>'- dlsassociated from, another in-fl frb r. F. H M. Irwin, and! te Uic Whitby Hospital Board. Work teeni. He wanted te stimulate an in- lu hc hy wcre iuterested prepared b . Kuey was ptac- was aiso 'stoÃ"pped on account o! Win- terest in, the hospital project which dustry i hc h seconded by W. Hter weather., Questioucd by Mr. Cou- was mucii to thre fore wiien he made in Western Ontario becausc tue Stat- cd before Uic Meeting by Uic mayor trNahr utc probibited the. bonusing o! indus- adedciared passed unanumoUslY. e ant as te Uice probable cost o! equip- bis wil. He wanted ýte give tue $3eOO0 tris e ndue hei t mv.fr n dir a n'opsiint eto 200 building, the Osh- because ire knew tirat Whitby hd vot- one place te another. Tiie reeve sub- tien it was net i14 evideuce. aeuslesiaigi a 1,0 t c $,00, sd tii. Conty o! Onts ariey -mitte4 that the cempan>'o! whicir Mr. least, Dr. Macdougall was unable e$,Oad .fi1ia i a ad> Knight was at present a mnember iiad sa>', but stated tirat some o! Uic equip- likel>' that cither of these parties llqud aset sudliailiies ! eual WIITBY1 HOSPITAL nint iiad been proniised free by pri- would refuse te pay over the mone>'. lui e, ~tS >ad bUe running for BOêRD LAIMS vate paties. Mr. Browning stated that it was lard- -smre time on muncy borrowed froni A. E. Christia, clerk o! tire count>' iy fair te. say that Col. Earwci 1 the ank Ti.>'werenu oub boeato! Otario, at request ef Mr. Brwn- mian o! great standing lu the. commuu- te nk t tey iiad not suficiets (Cotiuued froni page 1) ing, preduced recoro4 o! tir. proceed- ity, deliberatel>' said one tiig in bis' setsbeiindtiim t waran a rivate Witir respect te tthe balance,if an>', lugs o! tire June seision o! the county will and mataoieo aesiu set d idi, emabonea muà nicali>,n rsdP> etttiwl rcecunil in 1921, siiewing on page 4 latieus whicir ie knew would b.e!ofnoj givin thc-~a an. lad he pst Mr. Browning pointed eut, tiie trustes that a deptai.1fe h rpse fet twstisnewtrti oe record o therwaieon coman'tbeeno p dstiuesau ewe nine re- Whitby hospital board waited upen of Uic Hospital site. Miss Tiiosn rcord af charenste waranbeft o spetie pesandchrtiee sneeo! thecoundil and requested a grant. A had givenic b aud in good f aitirfor Comi arcbmttings tbyawrtentiithenitieWht opital, if built recommendatioll was brought lu b>' th i a specifie purpose and iiad been good peuple forUiche au which was belug witiiin the. period hierenafter previded , finnelco nt te sd dte bymotial asloed? ~~~~~~and failiig tUic Whitby Hospital te ouni o rn tiCOib emra ase?'Who Woubd Pa Y? cempi>' witiitire oulined conditions Hospital $2,OO upon completiot o! tirefa hi tre ven o!getîngint epra-with respect, te'tire erection e! said building. Mr. Christian did 'hot recal In he ven ofgetingint opra-institution, the.-Oshiawa General Hos- tirat tire council iiad ever paid tis tien could Uic>' finance thcir business ati iude' i oit' .on or issued debeutures for it. -and b. able te meet Uic payments. - 011 om in, Toronto, aud sonie A. G. Browning, K.C., counsel for: their boaziote ctown lu Uie eveut o!fBeys' h omen;ain nwihted-WiteHsia'Bad ulit a slump Uiat was inevitable lu ail cuchogni aei - wic i.d- htbMr.Hospit a Board, pto ubited Uines o! busines4?- If net; wiro weuld ceased was interested, sncb distribu-ta r oatiadn iitt us pa>'?~~~~ Ths eeqetions i ev in te be made lu tiie sanie respective tio tire Board's abilit>'te build a bos- subrlttd, bic tir raepaershadproportions as sncb persons sud char- pital. The qeto eoetr o surittedhcstde rudte wiîciis at- ities shar. iýi aforesaid iegacies sud. was whotirer or net tire Witby Hoes- 'a rgt to canscrsaoud bobtained. t-benefits. pital Board irad complied with tire ifaUc>oy e rs not psy Uen twouid . P.J. Uuderwoed, local contracter, ternis o! Coi. Farewell's will. Ifmen for nuisn Uic ytexate tuldtestified that ire. had a cetract witii Displays Photographs tskn fur m! i. den tuetre t evgtii.h Whitby Hospital Board, signd b> j. IH. Pankhiurst, pirotographer for ltak Uic bofste>' o! t prent ervn- mniselfas contracter, sud J. E. WilV D. Capbel, Oshawa, was- ale to T hé happy nto the itr J ofnthtedparent cm. lis, on beiraif-of tire Hospital Board. It identify seme photograpirs o! the li- ansi-Kntcepa>' ue ! ii cild erti. xcavation for a fud- ia iteluWiiitby as described in largest ips.nu!actiirers o! hardweod tien,, work to start on or befreDe irlaud deed. It' siowed an excava-mecIn à n thre continent, bad cancel- cember 28, 1926. Under tis cotract tien whicii had been started, aisel a Neyer before in the histor>' trat l 121 it ti. Kigit 11December 7h ie stakcd eut the general view o! tiie lot. Tiie Photo- o! Uic world iras it been ps- - because ther. was ne busi-%n thé 28th started excavat- rapbs weré taken about twe weks cbeframrhn ngo iug taking eut two thirds. Asit sthtteeaptaabckd iesanInictin ha tiee asajob was net yet finishcd lie had net ag credittocdk. mmi usns stroiig *peaslbillty o! a slump. The MssHWoliu spritlnrdu !c to ~.mrai~-cil coman> the e~ed ~yctbilied tiie H!spitai Board, nor iiad tire Oshiawa GeneralHoptlpruc pesnprpei>'shai- j 4400,000 plant lu Re nfrew wbicii to- he received an Y. mon,>' fron tire ed a recordfte show tirat Col. Farewell On. important reasen for the da wsne rnin.Board. A suî-contract for tii. excava- died on December 29th, 1923, at1.15- pst o havig t 'atig- -r Knlght-a -- = . ..,st do a rt ab i o It was eniphaticat>' QenleU DY 7 &---_ Knigbt that iris conipan>' in Wester Board. Cross-examned b>' G. D. Cen- Albert W. Jacksoneveewn- Ontario was runniug on borrowed I st, ceunsel foritire Oshrawa Hcispital, by, cà lied b>' Mr. Consut, testifled rnuney Tire facts were, that tire bsuk Mr. Willis admitted that tire Hespital that ire kuew of -ne officiai action tak- advsuccd mon.>' On colateral. Board was not tire Corporation o! tire en b>'tire Townu Council with respect Enumcratiug reasous wiry tire Tewn of Whitby, uer was tire.*- su>'te tire erection o!ý a hespital lu Whit- people of Wbitby shoeuld ývote favor- officiai. connection between tiren, an> b>'. There was a by-baw passed ou Jul>' à abl>' on Uic b>'baw Mr. Knigirt stated -more tiran tire Town Coundil i lu 5th, 1921, b>'tire electers, te make a that tuer. would be a yeari>' payroll 1921, submitted'a bylaw te tire people, grant of $5,000 for a irespital, but ire o! $75,000 whicb would be circulatcd wbicii was passed te, raise mone>' for knew o! nu action taken te extend thre 7 in Whitbyp amontingte about 100 a irospital lu WiiitbY, aud that thre tinie for tire issue o! tire debeutures.________________ per cent. o! Uic toan. - Council, inerstd in a irospitat for Tire reeve was asked wirat bis person- Poun.d Them SatisfactorY' Wiritb>', calied a public meeting o! tire ai attitude would -be if thre Council P. L. Bcccroft, wiio was luvited te- citizeus. Asked as te tire Board's con- was asked te revive tiie 1921 byiaw, address the meeting, statcd that h. nection, if an>', witir the Ceunt>' o! On- and ire replied tirat ire would object te - - - - UN 7.~.i.-~aflii n -taio, Mr. -Wiiiis said tirat the Conty t Mr, rownng-b ec&i t ivr <i ., had bouglit troini Mr. J&Mg"blrL a year predUCta Worth $5t000 and lie had found them ver>' satisfacter>' -people te do business wltii. Their pro- ductÉ were. as good as an>' otiier. on tbýe market, lRe bad offered tire flrmn two acres o! larid,,purely as a&business proposition trom which he .xpected te personalby benêfit. Cm Flu a Market 1fr. Lowr, associatcd wîth Mr. Knlgbt as a member o! the Western Ontario fIno stated that it was iris business .toflnd a market for the pro- -ducts. He. had been in tins business for 25 years, had travelled from coast te coast and knew the beads e! ail tir. big and important firis In tir. market for hardwood flcoonng aud doors. R. did, net Uink tirat tirere was su>' pes-. oiblUt>' o! Uic Town o! Wbitby liaving tpay one dollar on. the. propesed in,- debteduesi. There was net one flooing plant in C=nada wbich in ten ycars bad net shown a proft, wbile at Uie prment Uie scyral were enlarging. -J. Il. Penn>', mà nagen o! 'the Domin-_ ion Bank, naised tire Peint O! Oeeat-. ing capital, sudMn. Knigirt proniised th ~at a!ter tirebybaw iiad been passed - 1 thre Côuncit ire would furnisb the i ayor wiitirte nameé o! rebiable sud utidect0W men' who werc wÃlliug te ub"~~b. $50,000 fer workiug capital. ew meting would understalld, said *%lgirte tha" heoI4d mot discbose tý U m oftires. men at Uic present iM> . e dmitted that se far ne Fe J. Mduntyre asked whetier.raw wu considered- as working, wuI wa oorad that the Ceuncil in 1921 voted te contibut $2,000 towards a bospital lu WiiitbY, tii. mon.>' te ho paid ever on receni- meudatiel o! tire Finance Comnittee. Neitiier the Town or Count>' had paid over su>' moue>', Mr# Wiilis statiug, however, that 4e demlaud for moue>' had bee n made. Mr. Willis admitted that a start had been made lu 1926 ou thre hespital exeavation a fcw days ho- fore tire time fo r starting-3as stipulat- cd under Coi. Fareweii's will. Tire work o! excavation, su far as ire kuew, was started b>' Mr* UnderWOod. A start was muade ion tire date in question because a beq uest o! $3,000 meant much tthUe Hospital Board- Questioued -b>' M Conant as to wiiytii wor ontheHospital build- ing iiad net been centinued a!ter 1926, Mr. Willis statcd that the $3,000 b.- quest, had it b0en paid over&tO Wirit- b>' ospta~iBoad, eng applied te a $20,000 building, wouldbaeadn in-iportant influence on tire securiug O! furtirer suiberiptioIn5. Work was stop- ped, ire deciarÃd, through tire action o!t~Tronto General Trusts Cor- poration, executOrs o ieFrwl s tate. aetos st Mr. Coniant asked qusin st Uic condition of e! i.deed given b>' Miss Cbrîstina ýThomson. H. contended that Uic Wbitýb>'Hospital Board hra& no rlgiit te said deed as it provided for Uic comp iction o! a $20,00 building within two y aus oftire securing o!. the charter. lte o Mr. Brownu prducd a tette A.. . Crislà i, extendig Ucdt o! iti Ui cd!~eeyafrom tDecemi- gon's opinion belug - given, ou tiie grouud tirat he couli net spedk for al tire Council. Judge Thompseu upircld tire objec- tion. What Oshawa Says Mr. Conant-submitted in argument tirat plaintiffes action faibed because tire>' were net Uic parties wiru ceuld benefit under Coi. Fanewell's wiil. No group couid cail tireniseives represent- atives o! tire Town o! WitbY or tii. Count>' e! Ontario as corporaâtions. Coi. Farewell knew wiren h. iusertcd il tire legacy clause in bis will e! -tire b>'- law passed b>'tir. Town o! WbitbY for a $5,000 grant, also tire vote made b>' tire Count>' Council o! $2,000, nci- tirer o! wbicir iad been paid. le kuew aIse o! ýtbe incorporation- o!tire Whit- b>' Menioriail Hospital Board sud tire difficoit>' it was experienciiig lu oper- atiug onder tire old charter. Col.j Farewell couid have said in bis 'illj that if a bospital was built b>' s>' perse n uhUictowu o! Wbitby, the be- qucat waS te b. paid, but he limited I tbis provision te tire Town o! Wbitb>'1 sud Cont>' o! Ontarioe corporationsý, sud neither o! tiiese irad built an boa- pitai or contributed a dollar tow"3d sanie. Judge Tiiompsoii ased if it was possible that Col. Farwell iiad lu nind wiien hire rted Uic clause in question lu bis wMl a Hospital te b. built lu Uic Town o! Wbitby. Mr. Cenant- submitted furtirer tirat Uic actions taken both b>' Uic Town' of Whitby and Cont>' o! 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