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CIRCULATION THIS WEEK --WITH WHICH IS AMALGAMATED------------ THE BARRIE.SATURDAY MORNING J. A. MacLaren, Editor 56th Year W. C. Walln, Business Manager BARRIE, CANADA, THURSDAY, APRIL 24, 1919 GROCERS MUST CLOSE AT SEVEN By-Law Doesn't Include Fruit Store--Minors Can't Sell to Second-Hand Shops. ° At the regular meeting of the Town Council on the bylaw compelling stores to elos Was passed. pass a bylaw hand shops and prohibiting the purehase these dealers of goods from persons under 1® y s without the written cone sent of parents or gnardans Liquid Asphalt for St A. Hogan and A.W grocery seven o'clock decided to nse second. Stone- ham, representing the Inqerial onl dressed the council setting forth the advantages of liquid asphalt ag a treatment for Macadam roadways, This ma terial Mr, Hogan quoted at five cents dower than tarvia and anteed if to give satisfer- tory results. Ry the addition of about eight fret Iweeineh the old wagon, ying wal could be emplayedse polling on the hanid asphalt, 'Ph speaker advocated Spring ami Fall, the latter help. ing te keep out Hie frost. Having examined Dunlop Sty he we isfied that at has an. e: base, capable of carrying wearing surface, As red wilh Tarvia Bl it would mean a saving to Barrie, ond . r $1000 For the side streets he suggested @ lighter grade, ty be spread on the streets afte e beast. fh. used) fer S sale lent inches Price of Gasoline Replying to Ald. ¢ query as te why the price of gas. oline ix higher in Barrie than in surrounding towns, Mr. Stane- ham said if was probably due to the fact that the dealers get. well together and having along agreed on a price don't do any price cutting. The Imperial Oil Co's tank service is the same at all points between Toronto and the Soo. When considering the price of gasoline the public should remember the heavy over- head expenses of the garage men and the loss through wast- age. ee Mr. Ardagh Replies With reference to the cutting down of two trees as complained of by H. Calderwood in a recent letter to the Counejl, G Ardagh wrote 'as follows: The property on which these trees steod cannot properly or legally be defined as "street" but should be designated as a strip of land vested in a private owner over which the' public have acquired an easement. by use for a certain period. This strip of land, 40 feet wide, was nally part of '"Ardagh's e." No street has ever been laid out there and it is net an extension of either Pellew or Amelia St, * * * "The strip referred to was fenced off from "Phe Grove" py, my late fatheg in order to give the public a much-needed shortcut to.which theyy had no legal right of any description and it was consider. ed by him as his private property and for a Jong time notice to that. effect was kept posted there but fell down while we |lived -else- where. The pi ge of passing over the land which was origin- ally granted oul ef gopd will, has now developed ag right of way. ,No attempt has ever been made to curtail this right but the land with the trees and soil ig still vested 'in the original owner 6r his heirs. " * * No public. money has ever been ex- pended on this land. | F. E. Shaw asked leave to re- move a dead maple in front of his residence. A petition, signed hy C. M. G. Smith and eight others, asked for the improvement of the Sunni- dale Road, near the town limits. An American incinerator com- pany asked Barrie to|instal one of its plants for the disposal of @arbage, refuse, ete. The construction @ sewer under the Local Improvement 'Act, on Maple: Ave, between Wellington and Dalton Sts. was petitjoned for, nine out of eleven interested property owners sign- 'ing, Mrs. H. Ellis wrote saying that she is willing that the big willow wesday night | ' treatments two] Howas reeymmended by the} at the Town's expense. Board of Works The Board-of Works reeom- mended as follows :-- 1, That a manhole be structed on the sewer o qe St. neat Nr. Hooper's residekce. 2. hat an 8-inch til@deain be laid deross High St. to take away water running over J. R. Hagart's property from Bradford st. and that the low piece of road on High St. at this point be gravel- led 3. That A ified that noo be cut on the con- be not. to roadway north of "Ss property with. rmission of\Couneil. Ask Mr. Coutts la Pay The Fire and Police Committee having considered the matter of in alarm of fire sent in by A. B. utts on 3 ae wcreeull of a fire in a rubbish heap set by a party in property adjoining his, and having heard the ex- planation of the Fire Chief and Mr, Coutts, recommended that Mr. Coutts be asked to pay 816 being the extra amount lo be paid the Fire Brigade for turning ithe water ta extinguish the fire which was insisted upon by Mr. foults: this recommendation be -wermg Ui alarm, Lavehse Second-Hand Sheps Finance Committee that a bylaw be prepared to Heense and reg- ulate junk shops, second-hand johens, and dealers in second hand goods and to protitat suet Healers from! purehasme fran ANY miner appearing ta be under IRooyears old without written authority front parent or guare Jdyhn of sueh minor, any metatsg feoods or articles. \ Mpon the recommendation of the same eom) fee, it ihe Jed nat to increase the salary of the MoO. HL. Dr. Little Canada Producer Insurance Reeve Craig enquired af the Town way compelled to consent to the Canada Producer and Ga Engine Cals request for permis- 000 to $22,500. It was stated by the Clerk that the Town's interest in the con- cern as mortgagor is now re- duced to $22.000 and he was not sure that the Council could re- fuse consent. He suggested that the opinion of the Town Solicitor. be secured before replying. This was agreed to and the Finance Committee has power to jact as the solicitor advises. Retter Fire Protection Council went into committee Jot the whole to consider the ad- |visability of appointing an in- spector of buildings with a view fo securing better fire prot tion for the business sections the town, Ald. Payne said that regular inspection would be beneficial in having the cellars and other storage premises kept in such condition that danger from fires would be greatly lessened. Gray agreed that not a re calls might be eliminat- of inspection is necessary but an- other official quite unnecessary. The work might done by thi police staff. "The trouble i he said, "the sanitary inspector and policemen don't do_ their duty. We pay our police to patrol the streets and not to spend their time in - picture shows. We have hundreds of bylaws with practically no effort made to enforce them. An ex- ample is the meat bylaw passed last year, which has heen coi pletely ignored by the butcher: Ald®Poucher--Half the bylaws are ignored. The officials jump on offenders for a uple of weeks and then forget all about thé bylaws. The officials should be made do ;their duty and en- force the bylaws. _ Reeve Craig said that the -regu- lations should not prevent the proper storage of cases that may be returned. ie Ald. Payne pointed 'out that things should be in such shape as not fo impede the firemen should they be called in. A thorough inspection would disclose things which needed attention and if these defects. were removed a lower raté would be obtainable ang the property de without pr lo im the Town may haves to eollget the full eost of ane sion to rede its insurance from) tree on her property be removed MAY PROCEED TO FORECLOSE Proceedings Against The Canada Producer Co, His Honor Judge Wismer handed 'out judgment on Monday concerning the application on be- half of the Town of Barrie' for lvave to take proceedings to fore- close or otherwise to enforce the terms of a mortgage given on 1909, by the Canada Pro rand Gas Engine Co., be- use of alleged default on the rlof the Mortgagors, the Can- a Producer and Gas Engine Company, in the carrying oul of certain provisions and agree- ments contained in the -- said mortgage. This judgment. wos dat Tuesday nights Council ting and is as follaws:-- The said mortgage was given fo secure a loan of $40,000.00 repayable in annual instalments 82000.90 each beginning on the 7{h day ef May, 1910, without interest. Wo also provided) for Wuient by the Mort. O hands residing in rie working 300 days in the al wages of net than HO0.00 a year. The Mort. gatgors' premises were exempted from laxes excepling school Laxes for whieh an assessment -- of 100.00 was fixed, and certain vencessions as to water and Highting were also granted. All, Nis was for the purpose of ait | ing the Martgagors to establish Manvfacturing busimess in the own af Rarrie to manufacture a [eertuin Kind of Gas Producer and! jas Engine | \t the present time none of! ithe instatments of principal is! iy arrear and, of course, ne ine me less terest is in arrear, none being payable In order to make the lean the Town was obliged to raise the money by floating debentures and | are paying the interest that] thereon from time to accrues wrigagees claim the right lose because ever since the year 191% default has heen made in the employment of the stipulated number of men, and {hey complain that for five or pars the 'Cown has had to interest on the debentures owner would thus benefit, - said Ald. Grafton. It was stated by the Clerk that the Fire Chief had been request- ed to make an inspection of all premises in the business section as directed by Council, but had not done so. This} Ald. Payne said, was because he had not been officially notified in writing. As "the result of the delibera- lions in commlittee the following mation was passed: ° Poucher --- Gray --That this Council pass a bylaw to compel the public to have their cellars and yards to comply with the regulations of fire inspectors. Groceries to Close The bylaw regarding the: clos- ing of grocery stores and fruit stores at seven o'clock, laid over from a previous meeting, was again presented with the words referring to fruit stores elimin. ated. With this change the b; law was given its three readings and passed. Variofis Matters Craig -- Huxtable --That the Board of Works consider the ad- visability of purchasing neces- sary quantity of liquid asphalt to repair two blocks of the road- way on Dunlop St. Craig -- Clark --That the Ag- ricultural Society be given ashes collected in street cleaning when these are not required for filling in Town property. Craig--Clark --That the time for the return of the collector's roll by. the tax collector be ex- tended to May 31. Pearce -- Gray --That Boot | Bros. be paid the balance of their contract for snow plowing, $345. Rusk -- Clark --That the old scales on Gowan St. be removed and the hole filled up. This was agreed to as the seales have not been used for | years and a dangerous condi- tion now exists. Gray -- Pearce --That the and Council send a representative to/Mr. Greaves also admits that the}of this course, be paid by the Mortga-| Sixteen pages. gors. ) the meeting of the Hydro Radial Association. i Judgment for the Town in|in Single Copies 4 cents $150 Per Year (in advance) SECTION 1 PAGES 1TO 8 No. 17 employment of the nitty men 4/4 HORSE DEAL year and the payment to them of the $25,000.00 in wages annually. The Mortgagors admit default that respect bul claim the protection of the above men- tioned Act V, George V, Chap. 2 and say there was a falling olf in business due to the war and! consequently they could not em-} AIRED I IN COURT Crown Hill Farmer Sued Bea- verton Hotelman Over a Bargain that Fell Through. In the}interim County Court, ploy the number of men requip-| held befare His Honor Judge ed by the mortgage agreement. |Wismer, on Monday, W.-H, Upon an application of .this| Edgerton (who recently came kind the ehief questions for con-|/T™ Near Coulson ty uceupy the sideration are whether or not James Quinlan tarm on the Pen. the security is quite sufficient for |" Road: -- brought action the purpose for which the mort. |#tinst «C. EB. Hepburn, hotel- keeper al Beaverton, to recover gage was given" and whether 61 hot nonfalfilment of the terms of the mortgage by the mort. gagors is due directly or indir. eetly lo the war? © mortgage was made to cover all the plant, lands, build- ings and fixtures and machinery |! and according to the evidence the machinery was really the most substantial part of the security and could be the most easily available for liquidation in case the morlgagees were com- th th on iwi "Furioso." was sold and delivered to the di fendant for on Sept. 9 1918, e sum of $825, being the balance and interest due plain- uf by the purchase money of the sale of defendant for the e slandard" bred stallion It was claimed by e plaintiff' that this stallion 800 by agreement to be paid delivery at Beaverton and 8775 thin six, weeks, The defendant denied that he pelled to realize upon the mart. |had ever agreed to buy 'Furioso." kage. dt appears that since 117, a large part ot the expensive machinery cove the mort e has bee remosxed from the premises for the sui of over 824,000.00 and since said date the sum of § 000,00 was paid on tite principal of san portage, Prior atu that {Si dale the Mortgagors had failed|in during three years to make their |i payments and then appare:.tly BY oup by an rents ent oof ihe pe sale of the ery. Hts alse to be most d by wleaged machin-|pa noted that fof une | He "Ardimersay Duke. sold andjowned by the plaintiff and pay 8200 to hoot. plaintiff! asked hin 0.-|heavy stallion for until he was ready to sell hir said that he change his agreed - to heavy stallion, for 'Furioso," Further, he said to keep the a few weeks nce that date he has been keop- g this stallion for whieb he pul a counter claim of $154. He also claimed 860 won at Peter. haro races by po said (he Furioso," which said plaintiff had agreed to y him. 'There was-alsn a claim 85.50 for a hotel bill, bring- while the Company paid this $10,-/ing his counter claim' up to 800.00 they still had deft 8219.50. The sam ot overs $11,000.00] plaintift denied any arrange at of the sale oof this! ment for exchange of horse, He machinery, "The Mortgagers file atidavits placing a valuation of W000 to $40,000.00 on the aged preperty without any Morlgagees have affidavits showing a value ation of $6000.00. 'The Mort- #agors' valuation is 4made upon the basis of the original cost of th mort machine cs about nine years bas not been a] of success and as it is admitted that | th the employees now number only three op four it cannot be called really going concern, Taking+into consideration the said sale of the said $21,000.00 worth of machinery, the fact that | Pé there is £22,000.00 principal still unpaid, and the fact that the Mortgagees may have a right to a substantial sum for non-em-.|!b ployment of the said 50 men| is could not explain. why the Mortgago: mind all the Town officials who had anything to matter was no such intention on their vhinery were remcved have to be official had done so , SS eines to a greater extent than in © previous four years, but he the Mort- gers could not sell theirs. Mr. eaves did not attribute that to the war. T have not overlooked the fact the whole plant as a sucepsstul,| {hat it is contended on behalf of prosperous, going concer and| {he Mortgagors that' in' July, the valuation made for the Mort-|!917, when the 'cheque for gagees is on the basis of a plant| $8297.11 was given to the Mort- fa husiness that is not suc-|£agees they gave their consent cessful and upon the property uf|'¢ the sale by the -- Mort- y|whieh they will have to realize |E@gors of machinery removed at a mortgage sale, r to that date" from the There is no doubt that the busi_{Premises. There is nothing ness although established for|i" the letters or resolutions the Town Couneil to warrant at conclusion and even if had that in do with the swear positively there { excepting that if any ma- it would If any doubt if e Town would have been hound there appears to be no resolu- replaced. annually for the last five or six|tion or bylaw of the Council years and possibly for some time] ®uthorizing such an arrange- in the future; and also the fact|ment that the business is run down and is not a prosperous going | re concern, I cannot assume the re- sponsibility of saying that the security is quite-sufficient for the purpose of the mortgage and | er: that it will continue to be so for| su some time yet to come, : Neither am I satisfied on the| th entitled In view of all the facts above ferred to and wther cireum- stances disclosed in the affidavits and depositicns filed {am of the opinion that leave shon!d be nled to the Mortgagees to take ch proceedings as they are to under the terms of @ mortgage subject to the con- evidence that the falling off in| dition, however, that if the Mort- business and the non-employ- ment of the stipulated number of men was due to the war, It|ta would appear from the evidence | sa of Mr. Greaves, the Manager of | #4 the Mortgagor Company, that the falling off had begun in 1913 and| Co that in December, 1913, the men | de employed numbered about thirty-|of five, and in beginning of August, |re! 1914, the number was twenty- one, and that in April, 1914, the Mortgagors had decided to do | be without three travelling sales- men and from that time on a gradual falling off has taken|/s' President of the gagors pay over to the Mortga. gees the balance of the sum re- ined from the proceeds of the id sale of machinery, namely, 1,000.00, and if the present Mortgagors* ompany give his peréenal un- rtaking to secure the payment the amount of principal then maining unpaid proceedings should be stayed for a year. This application should be renewed fore any further action he taken in the matter, and in the meantime if any fresh circum- ces should arise making it place until now there are only|necessary for the Mortgagees to about four persons on the pay roll. Mr. Greaves is also quite|to frank in stating that these un-|to fortunate conditions due to the war. In his examina-|ed. tion he repeatedly states that the laying off of employees wag not due to the war, but to "a dropping off of business" and apply to the Court for an order protect their interests they are be at liberty to do so notwith- were not}standing anything herein provid- I would suggest, however, that nothing be done by the Mort- gagees herein for one month so that in the meantime the Mortga-~ that the falling off of the busi-|gors may have the opportunity of ness was not due te the war nor | co! because there might be a war.{hei farmers in the last four: years have been buying gasoline en- ie ed Jat mplying with the conditions reinhefore set forth. The costs application must, of $=. that the defendant wanted to make such an em change, but upon examination, the plaintiff said he told the dew fendant that he could not con. sider taking this horse in part, Payment, and subsequently de.. fendant decided 10 purchase. "Furioso" and paid $25 on, account. With reference to the. race money, he said that 'Furioso™ Was entered. at the request of- the defendant, in the plaintiff's, name, but the whole of the 866: Was spent in paying $30 entrance. fee and costs of stabling, ete. The item for hotel bill was dis. puted. Plaintiff further alleged that the defendant wrongfully withholds from him one racing- bieyele valued at $100 and one. Toad cart valued at 825, Nine witnesses were examined, nearly the whole day being spent ovey the details, pro and con, admitted W. A. Boys, &.C,, for pufr.; M. HY. Roach for deft. Judgment wae. reserved, . --_--__ The Boston English Opera Co. Manager Powell of the Grand, Opera House announces an un usual festival of opera for this town on Tues. May 6. Boston English Oper; comes to the rand Opera, House for an engagement of one night. The Boston English Opera Company is acknowledged, America's foremost singing or- ganization, its artists comprise the most notable stars on the, stage. namely, Joseph Shechan, the American Caruso, the tenor- by whom all woth are Ruaged: Henry the brilliant young Savage" star; Hazel Eden, former Campanini, star, said to he the best Ameri. ean soprano since Lillian Nore diea: Flovia Felsum, a wonder. ful coloratuer whom erilies pre, diet will prove another Galliy Curei; Alice May Carley, the noted contralto who scored a tremendous hit during the last Chicago season: May Barron, the contralto sensation of the SOBs. sa Stanley -- Deacon, brilliant young baritone; Lester Luther, one of the greatest basses of the day and one of the world's few really great. Mephistos; Harold Gice, the handsome young: hasso of the: Chicago Company. Wm. R. Northway, John Wand. ling, William Young and Maria Sherzer. Supporting this noted array of stars is the justly famous Bos. ton Opera Company Chorus withy the veteran conductor, H. $: Linne, at the baton. The Operay to he presented here will be "Ih Trovatore." Death of Capt. A. L. Campbelk Collingwood, April. 20.--The death of Captain' Andrew L Campbell in 'Toronto of Friday night at the residenc) of his brother-in-law, Mr. C. S.'Proctor, 26 Spencer Avenue, surprised hig numerous friends here, his home town, where he was born forty. four A son of that widel skipper. the late Captain P. M Campbell, he was a real son of the Jakes and naturally set sail early in life, Promotions came rapidly untib he found himself "pulling the bells" on the Telegram at an-aga which seldom finds a man "on the bridge." Other commands were the Liberty, Philadelphia, Majestic, Saronic, Huronie and Hamonic, sbortly before bis death having been appointed to, the flagship Noronic, Many people will recall with gratitude that he successfully navigated the S. S. Huronie on Lake Superior through the terrific gale of November -9, 1913, a nervous strain whieh he probably never fully survived, On June 24, 1910, he marrieg Miss Alice L. Hutchings of St, Mary's, who survives. The late, Captain's mother, Mrs. Campbelh, Collingwood, was also with him in his final illness. Mr. McLean Campbell, this town, ig brother, and three sisters) are Mrs. C. 8. Proctor, Spencer Aves, Toronto; Mrs. R. J. Law, Indian: road, Toronto, and Mrs. H. M: Dyment, Barrie. The remains arrive here to- morrow noon, and the funeral will be from the Presbyterian Church, interment being in the. Presbyterian Cemetery. ~ ES ae Barrie's Big Dollar Days-- May 9 and 10. Local news om every page. : i the - 4 | |