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EIRCULATION THIS WEEK 3550. Copies | WITH WHICH Is AMALGAMATED---------_--__----_ THE BARRIE SATURDAY MORNING . 12 Pages - SECTION 1 PAGES'1 TO 4 LAWYER SAYS IT'S OK. - COUNCIL PASSES BYLAW The Board of Education has its desire. The Town Council has passed {ne by-law to raise tha sttne Of $59,239 for the new ecl- Jegiele. "Before the by-law was passed, R. F, Garrett renewed his warning that hé would attack the validity of the by-law, But the chairman of the Board _ pressed. for the passing of 'the measure, | saying that the threat.of pro- ceedings would be considered no hardship by the Board. n The much' disputed. legislation came up at the regular meeting of. the Council, Monday night, when an-apinion was read from J. B. Clarke, K.C.,. advising thé Council te go ahead and pass-the by-law." _ Mr, Clarke's Opinion The opinion of Mr. Clarke is as follows :-- The application of the Board of Education dated Jan. 16, 1918, for the sum Of 858,044 has been fin- ally disappro' of by the Council and by the electors. The subsequent application of the Board of Education, dated Feb. 27, 1948, for $59,239, is a new and original application, which required the consideration. of the Council upon its own mer- its, regardless of 'the earlier~ap-, plication." The High Schools Act, | Section 38 °(3), proyides 'that "The Council at its first meeting 'after receiving the application or as svon thereafter as 'possible, shall consider afd approve or dis apprové .of the same." J This application°was submitted to the Council on-Feb, 28, 1918, and thé Council passed a resolu- | tion in the following words: That | the application of the Board of Edueation he granted; 'and th necedsary 'hy-law prepared." this resolution, the Council ap- proved the application, and has no power tv change or reverse that approval. ~The Council are "now under. a logal obligation to e the sum mentionéd in the 'application of the Board, by. the issue and sale of débentur ahd fo pass a+ by-law authorizing these proceedings. Thee and thé,acceptance of any pai ticilar tender for that purpose. are amatters exclusively within the} Jurisdiction of the Board of Ed cation, "The Council has. no po ér to interfere in such: matters aul any effort, directly or indir- ectly, to interfere with:the actions ot the Board of Education in mat- ters. within. the - powers of 'the Board' have. been disapproved of by the Courts in other cases. Under thé. circumstances, the proper course for the Council is to take the proper proceedings.to isé the money in question and rection of a School House * Bay the sane over to the Board of Education. By-law Introduced In accordance with the forego- ing opinion, Finance Chairman ~) Lennox introduced: the by-law .to raise. the sum ,of $59,239, as re- quested by the Board of Educ tion... The money is to be raised hy debentures, spread over 30 years: 'The annual payment is 84- 303.65, and the total of interest to be paid during the term of the debentures is' $69,870.50,. over $10,000 more than the principal of the loan. A Moved to Lay Over After the by-law, had been twice read, Ald. Tyrer and Ald, Pearce moved that it be laid on the table for farther\considerativn. "How much time do you want? Have you anything new to offer the Couneil?" asked Ronuty Hors-| field. iAld, 'Tyrer. replied that he had no desire to obstruct the Board; In fact; he thought a yote ofthe people . the'. most expeditious * \ method, as a by-law-could be car-| ried in. a'short time. and the] ~ {to the interest, unless by permission of Couricil: Deputy Hofsfield . maintained that according 4 the legal advice |. received, the Council had no power to submit the question to the peo- ple. Any rdtepayer could stop a vote being taken. .Ald, Pearce couldn't see any- hing 'in the legal advice to pre- vent a vote being taken; it simply said they had power to-go ahead. He voted for the Agri¢ultural Park site and wanted to see, the school there, but he did not see why the onus should be loaded on the Council, and its members made' personally liable in case of trouble. : In Ald. Glark's opinion, the op-|a position Tooked like an attempt to prevent the 'Board getting the \at.all. "It's none-of our as to the delay,"-he de- "If we vote' the money it clared. is up to the-Board "to look after the rest. If seems to me there has been a lot. of wire pulling to kill the school proposition." ' Reeve McLean said that it was '\the intention to have the deben- tures guaranteed by the County; but if the by-law. were attacked, this could not be done till No- vember, Having given'the Board an undertaking to pass the b law, he thought 'the Coun should see il through, He favor- ed, however, further considera- tion. of the interést 'rate, holdiné | that 6 per cent is 'too high 'for a 30-year issue. The debentares should be dtawn al six per eent.) for five years or 5M per cont, far Council had been try ) years, The ng to ineet but where so auch inoney is involved, there should] he ve thorough consideration and so he favored laying -the by- law 4n the table. If the Gouneil didn't: vote thre the .Board would have a possible: way, money; "leood-elaim against. them, opined [Deputy Horsfield: "Don't let us put the cart be- fore the horse as: has-been done all through in this collegiate busi- os said Ald. Tyrer. "We are all willing to give the money and the quickest way' to do it ais through a reference to the peo- Lennox '.thought. It very plain from Mr. 'Clarke's opinion, that. the Council had no. wlterna- tive, But must pass. the by-law, Nothing was said 'in 'the advice as to, consulting thé ratepayers, As he said that this. rate had been decided. upon after Jconsulting bankers endpother fin-| ancial nien, | > Mayor: Sprott's .opmion. being asked, he prefaced his remarks hy saying that he was endeavor' to-the best of his ability, 16 se: all.the citizens by doing what he deemed best in the town's edu cational interbsts at this time. He reviewed the history of the site question as far_as it-affeeted the Town Council and took pains' to make it clear. that- the delay in getting started with the school was not due to the Gonncil, the lack of definite action by the Board befote consulting the peo- ple. Had the Board, before ask- ing a yote of the' ratepayers, zone into the Agricultural Park propo- sition as earnestly as they 'did after the January-vote, the great- er part of the délay and 'un- pleasantness would. have 'been a- voided. The-early statement that hit was impossible. to' make ar- rangemients had been disproved by, tlie very satisfaétory agreement recently Signed. It was only right that the Board should take the onus of arrangjng for the site. They having dotte this and with Mr. Clarke's opinion' before them, he thought the Couneil should pass. the by. ia "Nevertheless, he e of those who appreciated favored popular vote as the 'speedier method of settling the 3m not more than} the demands ofthe Board in ever but}; RY HALL FREE IF Library Board' Makes Sugges- tion to Council--Fuel from Algonquin Park. At the regular meeting of the Town Council, Monday night, the Public Library Board suggested that the Library auditorium ¢cduld be furnished free for patriotic purposes if the: Couneil paid $3.00 per meeting, Further inquiries will be made as to cost of cutting Library Auditorium A'resolution passed at a recent meeting of the Public Library Board was subnritted as follows: "Moved bys Mr. Fletcher and seconded by Mr. Marr, That' in consideration of the request of the ladies of fhe town as to the use of the Assembly Room free of charge, and as this Board -re- quires the full anvount of half- mil) levy to carry on the regular business of the library, be it .re- solved that should-the Council de- sire to have the Assentbly "Room free for entertainments for edu- eational and patriotic purposes, the Board is. willing to allow same rovided Council allow the Board {$3.00 for @ach time used, 'the 'same being less than the actual Jcost of expenses', and the Council will have the say as to. whony.the Assembly Room shall be given free of charge with the -distinet jundet ding that no one using the. S embly Roem shall taek or paste any decoration on the walls Hydrants Frozen Up * Replying to Jouncil, the W. sion reported four jof comm an enquiry' from and L, Commis- hydrants out tinnsfil and Joh Sts., ry dnd Clapper- tom Sts. n/Aye. and So- Ahia, all frozen up: corner of El izabeth St. and Maple Ave., faken out, i a Win. Sweeney Resigns Having secured a position at day work in 'Toronto, B.C. Wm. Sweeney tendered his resignation ee permission to speak, said that any attack, money by-law is qpen but such an. injuncti is uny known inthe history' of Barrie. The.Board had been put off trom time to tinie and its contracts are waiting. As to the injunction, they were fearing something that hadn't happened. The Board has only a certain' time to get the bujldings in the park re-arranged and three or four weeks'. delay would be serious. While he did not 'want to threaten, he pointed out that the Board could use its powers to cumpel the passing of the by-law, The yor--The Cotineil hesi- tated regarding the by-law, larges fly owing to the prospect of it he- ing held up"three months by an injunction. Chairman Wallwin--We won't consider that a hardship if you pass the by-law. Mayor----The money paid over with an pending. Proceedings to Go On R. F. Garrest, who also was presént, desired to put in a word or two, and was permitted. No injunction had been' issued. be- @éause the by-law had not been passed: "If the Council passes the by-law, 1 shall see that pro- ceedings are taken to quash it," the declared. "But if the question is submitted. to 'the people and thevote is taken, I shall be satis-. fied." Having Ald. Finley 'said upon it forthwith. 'Board is-to Blame eannot be injunction securéd legal advice, they should act matter. In taking, this attitude, he.was sure they were sincere. He|- felt;that each member. should be given credit for heing cons tious'sin the opinions, expressed. Ald, Reid believed a vote of the people the quickest way to deal with the matter. Ward I-had vot- ed very largely against the prev- rse would be Glear. If the by- law is passed by -Ceuncil, the measure might, be attacked with-" in -three' months and it would be held up at least that long. "He did not ste, any sense in wasting |tor resentment would take pro-| Nav' monesmin litigation heres the lays ier. course was open: to thi ious by-laws, but he knew a nu ber of peaple who would vote the other, way now to get rid of the question. é No person except one with pit.) ceedings against the Board, said Deputy Horsfield,- who "believed Before the vote was taken, the Mayor again pointed out that the Council h not retarded the building ofthe school, butythe de-|™ lays were entirely' due to the Board's failure to complete nec- essary details. Amendment Defeated The-djvision on the' amendment was as follows: ° |. " Neas--jMcLean, weet Fees Horsfield; mson,; «Finley, Gl Mayor.--7 Ler Reid, Beelby, His Worship, at this point, re-|that the citizens would give an|. 'The bylaw was' given | 'must observe the rules of debate' by-law if consulted. and speak only once to a madoe, Chairman wate, boing given, x . BARRIE, CANADA. MARCH 21, 1918 "COUNCIL PAYS. FOR IT |**: -|to take effect not later than Mar. . School: Funds.- -Secy. Marr wrote for the Board of Education - asking: $6000 on 1918 levy; sending also a state- ment of receipts and expenditure for the three months ending Mar. 34. * Wood From. the Park In reply to the Council's en- qitiry as to the'chances of sec; ing 3000, cords. of wood. from. gonquin Park, the Deputy Min- ister wrote that he was making arrangements for. locating: an area on which the: wood may be. cut on the. following conditions: (1) A specified area will be allotted to each applicant and op- ed to the same. s (2) Matured * and_ decayed hardwood trees to be taken, but no trees under, 40 inches in diam- eter at the stump to be cut. (3) Large limbs and tops to be made 'into. wood'as,well as bodies. : (4). Any-trees broken down in. felling timber or making roads 'to lhe cut up and taken out, and' all branches, brush and debris to be properly 'piled. (5). Al operations subject 'to the Supt's supervision and all wood tobe measured by him de- fore removal. While the town has to make its own, arrangements for cutting, A committee from the G.W.V-A consisting of TH. Greaves, 0. R Kendall and A. E. Whitby, asked the Council to make a grant to- wards refurnishing- the home of Mrs.Mé@utcbean, Sophia 'St, des. troyed by fire durmg the winter," band being on." service | To the committee, Mrs. heon stated 'that she had lost. 81000 worth Jof goods and | that it would take $2000 to: re-|' pl them. The committee con- sidered the estimate as too high and -thonght $500 would pretty nearly replace, the articles des- {royed, They submitted an: item- ized statement. J.D. Wisdom & Co, wrote securing appointment as distrib= utors of Government fish. Jho. Bowinan applied fer a position on he police force, int place of W! veeney, resigned. | Upon thee recommendation of the Finance Gammittee, it was de> cided. to.retalj) Messrs 'Boys and Murchison asf'own Solicitors for 1918, paying a fefaining fee of $2! Red Ctoss Grant. Last year's \grant of $2400 to! the Red Gross Society was renew- ed for 1r8, payabie' in monthly mstalme The tener of 826 from A, G. Verguson for the purchase of the; vuld building on the Lee property, bought by2the town for a. gravel | pit, was accepted, He had to de- posit with the Treasurer the sum of 850 as. security, thaf the re- moval of building apd/ debris is properly done: Government Fish In reply to Ald. Clark,» Ald, Reelby stated that fresh inforiwn- ation received s#ittgé 'last meeting had changed somewhat the com- mittee's opinion regarding the lo- cal distribution of Government fish, and the committee were nol. plete report. Jitney Licenses, Ald. Clark enquired if jitney li- censes taken out in July. ran.for a year and was told that. all town licenses terminate on Dec.31 each year. Zealous and -Faithtul Reeve McLean.and Ald. Finley moved the acceptance of the res- ignation of P. C. Sweeney, placing on. record also mention of his zealous and faithful services. 'A Needed Improvement Ald. Beelby and Ald. (Reid; moved that the Market and Parks Committee consider asking the Parks Commission to take over the gore between Simcoe St. and the G.T.R.> 'The Mayor said he believed the erations must be strictly config |t Domestic Light... Commercial Light '. Commercial Power Municipal Street Light- |Sub-station 'Sub:station Street lighting, operat- Undistributed expenses IDebentures paid yet ina position to make a com-|: TERMES--Single Capicss xs. Por ennuis [in edvence). 81.59 ANOTHER BIG SURPLUS. FOR.EL.- LIGHT DEPT. Gross Earningé, we 'were: $33,781 and Net Profits for the Year were $5232. - » Another cudsieetal year is re- ported for the. Electric Light De- partment, the. annual statement -|for 4917 just issued showing aj, net surplus, of $5232.58, Thi smallér than the balance in 1916, which was. $5806.84, but it is a pretty tidy profit. The .total earnings. were 833, 781.22, as compared with $35,- 424 86 the previous.year. 'Service cost." the=:citizens considerably less than in 1916, the domestic lighting being 8775 less, and the commercial lighting $1885 lower, while the street lights cost $759 of $1060. Operating expense: were Kept down, beiig $1120 low_ er. than in.'1916, the chief saving being in sub= Station 'operation: For depreciation, the sum of 965 was set aside; The 1917 fig- ures are as foll 2 Earnings $0 BL1232 8750 7978 TOE ae cchere areleere Miscellaneous ....... ete, the Deputy: Minister stated ee = that he could give the names' of 833781 22 several parties who are, prepared Expenses to take contracts. Power purchased ...,.814034 operation 442 "mainten- ~ ance Meter mair nance ing and niaintenance General office 'salaries and 'expenses jInterest and fixed. . charges. charge Depreciation Net Surplus s Assets and Liabilities Assets Land, and Buildings .:$12266 06 Sub-station Equipment + 4682-98 Distribution system .. 23706 39 'Line ttansforiners ... 5006 25 1 2 1 Se re 16179 80 Street. 'light equipment, 3357 02 Miscellaneous construc- HONE dais 757 Steam plant . jBank Balance Cash balance. . .". Inventories "2. 1... 'Accounts receivable "Other assets 44886 8683 7 13 4685 6991 7 6400 B137615 Liabi Debenture" balance Accounts' payable. . Depreciation reserve Surplus... S137615 74 Red Cross Notes The Congregational and Reform Churches bad charge of the shop Saturday, Mar. 16. Net receipts: $46.64, The Baptist Church and Sal- vation Army 'will have charge of the following Saturday the Aj- landale Churches: =; _ Shop committee this week: Mrs. Barber, phone 441, Mrsi Jackson, phone.26t. Next week: tle, Mrs. MacLaren. to Ivy Orange Lodge for the gen- erous. donation of $50.00. 46:--St. Paul's, 2 doz. eggs, 1 Ib. butter, 1 doz. tarts, $1.75:. 5th Line Utopia, 12-doz. eggs, $1.50. Craigvale, 8 jars pickles. ©~ | What They Cost The Wood Question _" Sietardl at Barrie as follows: legs: Power showed> an ee ee tthe cily. of Marichester 8 lly newspapers. 'led to do xo is but another indica. the: shop-on Sat.,.March 23, and. Mrs, Lit-. Barrie Branch is most gratéful Donations to shop Sat., March |s The New Registrar of Deeds : R: J.. Sande shas heen, dp- pointed Registrar of Deeds for the. Coun: i icceeding: the late Dr. F. Palling: The new-Registrar was bora in t ngland,; in 1849 and came to- Canada in, 4 ter he start= Orillia as 'the Or- Marble- Works, which basi- s successfully eomduct-- ed ever In.many ways he has proyed himself a public. spirited citizen.. Hé bas served in-the Municipal Councibas alder- min, deputy-reeve, reeve, and was Mayor in 1895 and again in 1897. He is a Past of. Orillia Masonic Lodge and has taken ain. active .interest in the \.0.U.W, and Sons-of England. An, Angli- can in religion, be isa member of HSE, James' Church. the past: two'years he has-heen, and-stilbis, ja member of the Wat zht and Power. Commission, «He is also Presitient: of the East, Simeoe Conservative Association, and has heen active in. polities. for many years: \ All the 'Orillia pap speak Nery highly of Mr. Sanderson and, hile orgratulating him upon his appointment, regret that it will mean his removal from Or- -lillia. Another Newspaper Quits For. several weeks, the Oshawa Vindicator. has nut been publish- ed, leaving that town with only one newspaper, Oshawa is splendidly served by the Reform er, a dive paper in every, respect, but it,might. naturally be imag- ined that such a big progressive town; could: support two wrek-- That it has fail- on wf the difficulties exper- ienced in the publishing business these da: Hot 'Cross Buns As usual, we wills bun and deliver early day morking. Orde our salesmen. 'or ~Phone -"! prive 20c. per. doz. Briwwn's; Bakery. A FREE Rust Roum for-the use of;women and children, has been opened under auspice: Board of Trade, on Bayfield St, Barrie, opposite -the Vespra Hotel. _ Mrs. Heard will hold a special sale of corsets for stout ladies, Mar, 16 and 23 BARRIE.HORTICULTURAL AND TOWN "IMPROVEMENT SOCIETY © In order to sssist in 'thé production of foodstuffs, the Society is offering in addition to the flower premiums.a special premium for the. vegetable garden. : $1.25 Worth of Seeds For $1.00 "<The annual fee is One Dollar per ? Payment oe ee en Yon $138 Potatoes--Irish Cobbler-or Clark's No. 1, Corn--Golden. Bantam, Emly. Cory or vwell's Evergreen. Sians_Gollen Wax, Brifte Wat ot Kidney Wax. Carrott--Danvers, Seérlet Nante-or Bear a oe Globe Danvers, Red - Philip MeLeod, chairman of the |. County. Property Committee, last week awarded contracts for jail er's méat, without bone, 18c. On motion of' tlie Reeve nad pereeesiens