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VOL. 3--NO, 131 Che Oshmua Daily Times The Oshawa Daily Reformer re ry CITY'S SHARE OF SUBWAY COST IS $64,000 OSHAWA, ONTARIO, WEDNESDAY, DECEMBER 5, 1928 10. Cents » Week; 2 Cents a Copy. TWELVE PAGES SE COMBINATION OF SMUGGLERS SAID 10 BE POWERFUL Buffalo Indictments May In volve Railway Employes and Several Banks ---- (By Associated Press) Washington, D.C, Dec, §,-- Treasury officials announced today that ' investigation. into liquor smuggling from Canada was expect- ed to result in indictment against 200 hootleggers, smugglers and Canadian brewers and distillers, Arve Powerful Buffalo, Dec. 5,--When the Feder- al Grand Jury reported to United States Judge Simon L. Adler here yesterday afternoon, announcement was made that thirty Canadian firms and individuals, charged with, smug- gling liquor worth $25,000,000 into the United States, had been indicted, The Division of Foreign Control of the Prohibition Department an- nounced that the investigation is just beginning, While it was reported at Washington that under present trea- ties Canadians cannot be extradited, it was stated, however, the State De- partment is attempting to arrange a conference with the Canadian Cus- toms Service for an agreement on a treaty making customs law violations extraditable, The indictments, handed in with out comment and received in silence by Judge Adler, specifically charge that the firms and individuals con- spired to violate the Tariff Act of 1892 and Section 88 of the National Prohibition Law, This section relates to conspiracy and carries a term of imprisonment to those found guilty under its provisions, For two weeks the jury has been receiving evidence presented by Uni- ted States Attorney Richard Temple- ton, The evidence was based on re- ports submitted by a large number of special Investigators who came to Buffalo last summer, when certain Customs and Immigration men were Saught dealing in freight-car seals and partieipating in a conspiracy to pass Ritior Tadeh tars into this, coun- try from Canada, HF In the transcript of the report sub- mitted to Judge Adler by the Grand Jury mention is made of the Power City Bank of Niagara Falls, N.Y, together with photostatic copies of telegrams between Canada banks and that institution and drafts that pas- sed to Canada from the Niagara Falls ba. "ing house, An official statement issued by Templeton pointed out that his evi- dence probably would involve em- ployees of telegraph companies, rail- roads and banking institutions, Harry €, Hatch Indicted Foremost among those indicted * 4s Harry C, Hatch, Chairman of the Board of Gooderham & Worts, Lim- ited, of Toronto, and the Hiram Walker Company of Windsor, The companies, recently merged, are also named in the indictments, Others indicted are: Hervert C. Hateh and Larry J, MecGuiness, members of the liquor brokerage firm of Hatch & McGuiness; Ed- ward T, Sapdell, President of the Taylor & Bate Brewery, St, Cath- arines; C, A, Savard, Windsor; Jules Thibidean, Port Lambton; Stanley B, Sulton, Simcoe; Frank 8. Harris, Lionel L, Sinclair, John J. Pitzpatrick, Toronto; A, Smith, Toronto; C. D, Chulack, Toronto; W. Reynolds, of Toronto; J, Myers; Detroit; Morris Green, Detroit; David Chaplain, Windsor; Louis Harris, Windsor; Frederick H. Boyd, Niagara Falls, Ont,; James Harris, Charlot.e, N.Y.; J, omp- son Charlotte, N.Y,; J. Penna, Wil- son, N.Y.; James Johnson, Wilson, N.Y.; R. Robinson, Wilson, N.Y.; W. Dingman, Wilson, N.Y,; George McDermott, Wilson, N.Y,; Charles Curner, Niagara Falls, Ont.; A, Tavener, Port Credit, Ont.; Joseph Burke, Port Credit, and J, Wat- son, Port Whitby, Twenty other men, all held to be iden.ified with the liquor-smug- gling traffic between Canada and the United States, were named in the indictments, but United States Attorney Templeton declined to make their names public until ar- rests have been made. GRAF ZEPPELIN CARRIES NINETY ON TEST FLIGHT (Cable Service to The Times by Canadian Press) Friedrichshafen, Germany, § Dee, §.--~The Graf Zeppelin, which" has been thoroughly overhauled sinee her trans-Atlantic flight, ascended this morning on the first of seven test filghts prescribed by the Ger- man aegonautical test station. The dirigible carried ninety pepsons #pd ~'anped to make a seven hour cruise over the Lake Constanee esion, f 'at the time he INFECTION ABATES Doctors Hopeful That King's Chest Trouble is Being Moderated--Condition is Unchanged (Cable Service to The Times by Canadian Press) London, Dee. 5.--It was understood at Buckingham Palace this afternoon that King George's eondition was unchanged. Measure of Relief London, Dee, 5.--An anxious public learned today, when the medical bulletin of the King's physicians was issued, that His Majesty was suffering from renewed aetivit chest, of infection in his Previously, improvement in this condition had been noted but today it was said that this was what caused the rise in tem- perature yesterday, There was a measure of relief, however, in the announcement that there were reasons for hoping recrudescence was being moder- ated and that the King had had a comfortable night, Heart Reaction The bulletin said nothing regarding the King's temperature, nor was any mention made as to how his heart was reacting to the long strain, Recently it has been strongly reiterated that the heart was the vital point on which the King's hope for recovery rested, In the Palace the physicians' morning report was regarded favorably, It was said a recrudesence of infection was part of the normal course of his illness and had been expected by his physicians, : In Consultation London, Dee, 5.--Tord Dawson of Penn returned to Bucking- ham Palace shortly after two o'clock this afternoon to join Sir Stanley Hewett, in consultation on the King's condition, It was stated that the afternoon bulletin, which was issued yesterday, was not expected today. an hour, Lord Dawson remained at the Palace about Soon after his visit the Queen and Princess Mary went' for their usual afternoon motor ride, Passed Fair Night London, Dée, 5,--The King's physicians this morning issued the following bulletin, "The King passed a fair night, There are reasons to hope that recrudescence of the infection which caused the last rise of temperature is being moderated," BOY DISAPPEARS COURT UPHOLDS FROM HIS HOME - ON RITSON ROAD James R, Sweet, 14 Years of Age, Leaves Note Before His Departure Yor the third time in a week and a half police here have been noti- fied to be on the lookout for a migsing student, James R, Sweet, 14-year-old son Of wd, U, mn. Sweet, 219 Ritson road south dis- appeared from his home yesterday morning about 8.30 o'clock, From what the lad told his mother, when last seen he was leaving for the Collegiate Institute where he is & student, as usual, taking his lunch with him, Police were notified about eleven o'clock at night, the continued ab- sence of the bby until the late hour causing the mother to become alarmed, "He generally comes home about 4.30 o'clock in the afternoon' Mrs, Sweet teld The Times, ' Without Funds The lad's family or friends have bad no word as to his whereabouts or his intentions other than infor- mation contained in a pencilled note which was sealed in an en- velope and dropped in the mall box at the home, The text of the letter was that the hoy thought conditions at home would he much better with his absence, As far as may be ascertained James had little 'money with him disappeared, The small amount of spending money which was given to him at regular intervals would probably have dim- ished considerably, Mrs, Sweet said, Other than that, however, she believed him to be entirely without funds, Following the disappearance np short time ago of two lads of the city who took it upon themselves to make a journey to Detroit in search of work, young Sweet was said to have made no comment other than passing remarks on the incident, He neither seemed im- pressed with or entirely against, their behavior, during conversa- tion on the subject with his fam- ily when it came up: for casual dis- cussion 4 short time ago, That this occurrence might bave had some thing to do with yesterday's epi- sode, however, is doubtful, other than it might have instituted a desire to duplicate the fete per- formed by the other two school lads, Efforts to Locale Chief of Police Owen D. Friend has signified his intention of locat- ing the boy and once and for all putting an end to these actions on the part of adventure-seeking youths, Not only does it cause no end of worry for parents, but it brings to the minds of other lads the idea that to run away from home and the city Is a great adventure and does mot merit punishment. This idea, the Chief said, was eutirely "CONSTABLE" IN ASSAULT CASE Charge of Assault Against Alec Luchka Dismissed By Magistrate A case wherein a private citizen fulfilled the. position of police con- stable in quelling an argument which had reached the degree of an assault, occupied the attention of the city police court this morn. ing. Magistrate Willis of Whitby was in attendance in the absence of Magistrate Hind who is still con- valescing from - an illness at his home here, Alec Luchka, the 'constable" in question, according to evidence produced at court, laid a firm hand upon Mary Kelynka, 12-year- old girl, when the latter had struck Luchka's daughter in the face, The complainant swore that the de- fendant slapped her face, and ac- cordingly laid a charge of assault, For and Against But whereas there were three witnesses for the crown to testify that Luchka did do the slapping, there were three witnesses, be- sides the defendant, who sald the accused did not commit the of- fense, Under the circumstances, Magistrate Willis thought the hene- fit of the doubt should go to the defendant, so dismissed the case, Fatherly Attitude D. A, J. Swanson, acting for Luchka, favored the action of his client in that he believed that any citizen of the city should separate "aspiring pugllists"" when difficul- ties arise such as they did in this case, He was supported in his as- sumptions by the magistrate, who declared that every man and wo» man should act in the capacity of a father or mother to young chil- dren who are rather inclined to take matters too much into their own hands and begin to exchange blows on the street. ' LIVESTOCK PRICES (By Canadian Press) Toronto, Dee. 5, -- Livestock rer ceipts, 857, trade slow, Heavy beef steers, $8.50 to $10.25; buteh- er steers, good to choice, $9.25 to $10.25. Butcher cows, medium, $6 to $7. Calves, good to choice, $14 to $16. Hogs, select, $9.75, Good ewe lambs, $12 to $12.25. wrong, and the lads that act on such a a supposition should be im- pressed with the undesirability of committing such an offense, When last seen ,the lad was al- tired in light grey trousers, black sweater, tan shoes and wore a green plaid mackinaw coat. He is about five foot in height and weighs 125 pounds. His complex- ion is fair and he has bla. . hair with brown eyes. Should any per- som locate the lad, communication should be establighed with the police force here_or The Oshawa Times. DR, 8, J."McLEAN Assistant Chief Commissioner of the Canadian Railway Branch, who delivered judgment in the city's application for a subway on Simcoe street south. The judgment 1s concurred in by Commissioner Calvin Lawrence, The application was heard here on July 13, LAST GREAT RUSH OFTHE SEASON IS STARTED ON LAKES 13 Ships Under Spouts at Lake Head and Dozen More on the Way (By Canadian Press) Sault Ste. Marie, Dec, 5--Five vessels are tied at the ship canal at the American Sault awaiting better weather before proceeding down the lakes, It is reported that sev- eral .others are lying at Whitefish Point as the result of a snow storm which struck this region last night. There are several inches of snow here this morning, Rush at Héight Port Arthur, Dee, 5--Sonorous tones of the big fog horns heard in- termittently as the occasional snow- storms pass over the upper end of Lake Superior are warning mariners of the difficulties of December navi- gation and of the few days that now remain for the boats to rush out the final cargoes of the season. The rush 1s now at its height, Thirteen vessels were under the spouts at Port Arthur and Fort Wil- liam today and another dozen or so are either en route from the east or are unloading cargoes of package freight preparatory to taking on the freigh., "This has been an unusual- ly fine Fall for the shipping inter- ests, November was especially good with its weather and there were practically no delays to steamers, Insurance Jumps Today's rush is to get away from dock before the expiry of the second Fall insurance period, The under- writers made one boost in rates on the first of the month and will make another at midnight with an increas- ing scale as the season advances, Suggestions that a definite date be set for the closing of the season have not met with favor by the ship owners and it nog appears that it will all be left to the weather. Present indications are that this will give the owners and the shippers of grain an advantage they would not have had under the setting of an arbitrary date, for ice has but be- gun to form about the docks here, Later Season Usually at this time of the year ships are covered but today the first fringe was seen, The season is about a week or ten days later than usual, Should this condition con- tinue and the extension of that length prove permanent it will mean a good many thousands for the in- terested parties, and there appears also the fact that in addition to a season of no delays to boats there have as yet been no accidents or losses due to stress or weather on the upper lakes, Closing Date, Indefinite Winnipeg, Man,, Dec. 5--No date has been hxed yet for the closing of navigation on the Great Lakes according to information received here ay by railway officials, It will depend on weather conditions when navigation will close. A num- ber of grain boats, en route to the head hE the lakes, are expected to load and depart before the season closes. CREW IS RESCUED (Cable Service to The Times by Canadian Press) London, Dec. 5--The ' German steamer Uarda today reported rescu- ing the crew of the British tanker, British Courage, which was afire in the eastern Mediterranean. GUNMEN ARRESTED (By Canadian Press) Cleveland, Ohio, Dec. 5---Fifteen alleged gunmen and racketeers from Chicago, Buffalo and New York were seized today in a raid on a down- town hotel, CORN DISPLAYS WEAKNESS AS THE WEATHER CLEARS Movement of the Crop Facil. itated and Sellers Are Numerous (By Canadian Press) Chicago, Dee. 5.--Cold weather and clear skies gave an early set- back to corn prices today, Such conditions were deemed likely to facilitate the movement of the corn crop, and sellers of future deliv- erles became more numerouus, Opening unchanged to %e lower, corn later showed declines all around, Oats however displayed strength. Wheat was easy, starting %ec off to %e up and afterward, undergo- ing a general sag. Provisions m- clined downward. BENNETT SPEAKS IN BY-ELECTION AT VICTORIA Urges Creation of Econémic Independence for Canada By Saving Raw Materials (By Canadian Press) Victoria, B.C., Dec. §.--Creation of an economic independence for Canada was urged in an address delivered last night by Hon, R. B. Bennett, leader of the Conserva- tive party, speaking in the interest of D, 8, Plunkett, Conservative candidate in the Vietoria hy-elec- tion. He sald he rejoiced in the prosperity of Canada but an ana- lysis of the sources of it showed anything but a healthy outlook for the future, The problem of the future was whether the young peo- ple of the country should remain here or follow raw material to a foreign country, FRENEHMAN WINS THE MICH COVETED PRIZ CONCOLRT Author Was Resident in Manitoba for 12 Years and Saw War Service id (Cable Service to The Times by Canadian Press) Paris, Dee, 5--The much coveted Prix Concourt has been awarded to Maurice Constantin-Weyer of France for his psychological novel 4 Man Inclines Towards His Past," dealing with "The Irish and French in Canada. The author, who was a. president of Manitoba for 12 years, hunted, farmed and travelled widely in North America. At the outbreak of the war he returned to France and suffered severe wounds in service, When he came back to Canada he found all his possessions gone, He then went back to France and took up newspaper work, ABOLITION OF THE DEATH PENALTY TO BE DISCUSSED (Cable Service to The Times by (Canadian Press) London, Dec. 5~The House of Commons by the narrowest of ma- jorities agreed late today to consider the bill for the abolition of capital punishment and substitution of penal servitude for life, FIRE APPARATUS FAILS TO WORK BLOCK BURNS (By Canadian Press) Mactier, Ont., Dec. 5.--When the fire fighting apparatus failed to work, fire early this morning de- stroyed an entire town block with a loss of $35,000. CROWDED OUT Many interesting items are crowded out of The Times today, dealing with civic affairs and other topics of interest, and these will appear in Thursday's issue. WEATHER Lower Lakes and Georgian Bay--Fresh to stropg west and northwest winds, partly cloudy and colder ,with local snow flurries. moderate to fresh w _-- ¥ winds; fair and cold, Judgment Delivered by Railway Simcoe St. Crossing Board on Grade Crossing Fund Will Contribute $100,000 -- Balance to Be Divided as 57 Per Cent, Against Canadian National Rail. ways and 43 Per Cent, Against the City of Osh. awa -- Subway is to Be Wider and Higher Than Originally Proposed --Of- ficial Order Awaits Action Street Judgment has been ere the Board of Railway Commissioners for Canada, in the application of the city of Oshawa, for the construction of a. subway at the Simcoe street south crossing of the Canadian Na- tionu! Railways. While there are several angles to the judgment, in the main it divides the cost not borne hy the Grade Crossing Fund or specially assessed against the Railways Co, as §7 per cent, against the Canadian National Railways and 43 per cent, against the city of Oshawa. The city's share is estimated at $04,000, Division of Costs The total estimate of the cost of the subway is $250,000, of which 40 per cent, or $100,000, is borne out of the federal grade crossing fund, This leaves a balance of approximately $150,000, which the Board assesses as $86,000 agaist the railway and $64,- 000 against the city. Ii the net cost is either under ver $150,00 cost shall be divided in the samc pro- portion, which is 57 per cent. against the railways and 43 per cent, against the city; The railways were also ordered to pay the additional cost of the construction of the subway in making it both wider and higher than the city's requirements, for the benefit of the Oshawa Railway Com- pany, This amounts to about $11, No Order Yet No official order on this matter has Leen issued by the Board, and none will be issued until the city closes Albert street, the board in- timates, The official order will pro- bably direct that the subway be con- structed, by the Canadian National Railways, the cost to be divided in the proportion given, Oshawa's Claim When the application of the city for an order for the construction of the subway was heard here on July 13, before assistant chief commission er Dr, S, J. McLean and commis- sioner Calvin Lawrence, the city, through its counsel A. W, Greene, maintained that the Canadian Nat- jonal Railway and the Oshawa Rail- way Company should together bear the entire cost of the construction of the subway. The city was willing to close Albert street, as the railway had asked, and also to relieve the Oshawa Railway Company of the necessity of meeting the C. N. R. trains, as requested by the Oshawa Railway Company, but contended that the municipality should be un- der no further obligation in con. structing the subway, Closing Albert Street In its judgment, the Board makes no mention whatever of the stipula- tion that the Oshawa Railway shall meet all Canadian National trains, and this is, apparently, left entirely to negotiations between the city and the railway. The board also has no authority to order the closing of Al- bert street, but states in its judg- ment that a formal order for the construction of the subway will not he issued until the Board has been ad- vised that Albert street will be clos- ed. This question is also left as a matter of barter between the city and the Canadian National Railways, Obviously the Railways would com- pensate the city for the closing of Albert street, which would further reduce the cost of the subway to the city, Railways to Pay The increase in cost, $4,000, made necessary by the greater width of the subway, is to be borpe by the rail- way: The cost of the increased height of the subway, of 17 instead of 14 feet, is $7000, and this also is to be borne by the railways. The balance of the cost, and the addition- al cost of land damages, will be borne by the railway and the city on a 57-43 basis, or, in_other words, the railway will contribute OX~ imately $86,000 and the city 000. The street through the subway is to be paved at the city's expense. Oshawa in Control In the opinion of Alderman G. D. Conant, who has been following the subway situation closely, the judg- ment of the board leaves the situa- tion pretty well under the control of the city of Oshawa. In an interview with The Times this morning, he pointed out that the board will mot issue an order for the comstruction of the subway until Albert street is closed. Without this order, the rail- way cannot proceed with the com- By City in Closing Albert delivered by | QUEENS SENIOR 0. H. A. TEAM WILL TOUR MARITIMES (By Canadian Press) Kingston, Dee. 5.---Arrangements have been completed for the Queen's Senior OH.A, team to tour the Maritimes during Christ. mas week. Six games will be play- ed, for which requests have come from Bathurst, Moncton; St. John and Fredericton in New Brunswick; Charlottetown P.E.I.; and Halifax, New Glasgow and Sydney in Nova Scotia, COUNSELLORS SIGN VARIOUS DOCUMENTS Regency Transacts the First Business During Illness of the King London, Dee, 5--Letters patent under the Great Scal in connection with yesterday's appointment of six counsellors of state have been sealed and today Queen Mary, Premier Baldwin and the Duke of York sig- ned various documents which have accumulated during the King's ill- ness, PRINCE OF WALES ARRIVES IN ADEN ON DASH HOME Will Likely Remain on the w-Cruiser for Voyage to Italy (Cable Service to The Times by Canadian Press) London, Dec, 5--A despatch from Aden, Arabia, says the Prince of Wales arrived there at noon today aboard the cruiser Enterprise. He appeared in good health and much sunburnt, The cruiser Enterprise bearing the Prince of Wales, arrived here at noon, The Prince landed wear- ing khaki shorts soft shirt and a sun helmet. He played a game of golf ,and after having tea at the Presidency intended to go aboard about 6,30, at which time the ves- sel was scheduled to sall, Will Go To Italy ' Valecta, Malta. Dec, 5--It was un- derstood here today that the Prince of Wales would not transfer to the cruiser Frobisher from the cruiser Enterprise, which is 'bringing him from Dar-Es-Salaam, Tanganyika, The Frobisher, meanwhile, would re- main at Alexandria in casc_she were required. COL. MAYES DIES (Cable Service to The Times by (Canadian Press) London, Dec. 5--Col. H. C. Mayes, well known Canadian tennis player, who has been a resident in England for many years, died last night. GRAIN OPENING (By Capadian Press) Chicago, Dee. 5.--Opening. Wheat, December, $1.1636; March, $1.203§. Corn, December, 8536c; March, 8754c, Oats, December, 4834c; March, 49¢. struction of the subway: unless the city should so consent. esi The closing " Albert street is greatly desired by the railway, and, since this matter is left entirely to barter between the railway and the city, it is probable that the city may be able to get favorable terms in this connection. Then, too, this mat- ter has to be settled before the sub- way order can be obtained, and the city thus holds the controlling hand in the situation. Action Possible Should both parties agree to pro- ceed with the subway as quickly as possible, it is probable that plans could be completed ready for work to commence in the spring, said Mr. Conant. The closi of the street could be made effective in little more than a month after steps were taken in this regard, so that this would not delay matters materially if both par- ties came to an agreement and de- sired t. proceed at once with the subway. The J Following is Judgment of As- sistant Chief McLean and Commis- (Continued on Page 2) GOUNGIL DECIDES 10 ESTABLISH A JUVENILE COURT Attorney General to Be Res quested to Start Machinery for Regular Court A juvenile court will be estabe lished in Oshawa, it was decided by the city council last night in adopting the report of the finance committee, The elerk was ine structed to make formal applicas tion to the attorney-general of Ons tario, requesting 'him to take the necessary steps to bring into opers ation the "Juvenile Delinquents Act" in the city, and the establishe ment of a juvenile court for the ad« ministration of this act, Gets Advice This action followed a meeting Friday night, in which the couns ell, meeting in committee of tha whole, conferred with Judge D. B, Harkness, secretary of the Soeial Service Union of Ontario. Juage Harkness gave considerable advica to the council on the subject, ana after consideration the council ae cided that the establishment of a juvenile court was the best step that could he taken in this city, ¢ Protect the Youth Major Hind, city magistrate; was some time ago designated a ju= venile court judge for the city and: the county of Ontarie, but the court over which he presided was not a Juvenile court, but simply a child« ren's court, an extension of the regular police court, The case off twelve children, who were recently convicted of doing damage to prop erty on Park road south, and who were assessed court costs of $y each hesides the damages in the case, recently aroused residents of the city to the need of a juvenile court here, where children would be dealt with but would not he as- sessed court costs or branded as criminals, May Lift Sentence During the council meeting last night Aldermen 8, H, Jackson and W. Boddy presented a motion, which was adopted, requesting the Attorney-General to take such steps as may he necessary to relieve the children of the suspended sen- tence and their parents of the hond and court costs imposed, ---- -- GREATEST BULK NF LIQUOR FLOWS IN THROUGH DETROIT Smuggling Over Canadian Border Presents Problem for U.S, Dry Law _ (By Canadian Press) Washington, D.C, Dee, 5,--Liquor smuggling over the Canadian border, in the opinion of Prohibition Com- missioner Doran, presents the most serious problem in dry law enforces ment today. To correct it he sug- gests a revision of the treaty with Canada to prevent Canada from clearing liquor cargoes to this couns try. i Doran made this statement before the House Sub-Committee today. Despite the fact that large amounts of liquor are brought in from other foreign countries, the largest quan: tity, he said, comes from Canada, and seven-eighths of this through Detroit. The present treaty, he said, stipu- lating merely that Canada notify this country of liquor ship clear: ance, "Affords a good sales' back- ground for fake liquor sales, and fraudulent *strip stamps indi bootlegging in bond whiskey." GILROY HEADS THE UNITED FARMERS CO-OPERATIVE 0. J. J. Morrison Re-elected Secretary Treasurer, R, J. McMillan, Vice-Pres, (B i Toronto, Dec. Press) Gilroy, Lambton County, was elected Presi- dent of the United Farmers Co-oper- ative Company at the annual meet- ing here today. He held the office in 1927 and was defeated last year by James Ross, Woodbridge, who with four others, contested the of- fice today. G. W. Buchanan, Lanark, Harold Currie, Middlesex and Herbert Mil- ler, Renfrew, were elected to the Board of Directors. R. J. McMillan was elected Vice-President and J. J. Morrison was reelected Secretary- Treasurer,