The Montreal Trust Company, Actâ€" ing for a group of bondholders of the company which is now in receivership, asked in a motion before Mr. Justice Charles McTague for approval of the Ripley Plan, plan to sell the comâ€" panies‘ assets to a company to be formâ€" ed. These assets are now covered "by a $50.000,000 bond mortgage. The motion was dismissed chiefly beâ€" cause the court found the Judlcature Amendment Act, 1935, Ontario, under which the motion was brought was not the : ment r‘€ Appeal Court Rules Asainst Abitibi Plan in t reâ€"or bond, wi would ecx mortgage ture and Abitibi, precelivers} Move for COALAND WOODYARD AND oOFFICE | Phone 32 64 Spruce St. South Timmins i f b@0 04 0 066046000040 9048004660 % 4 4 6 9 0680 % 6 4 0 6 44 4 6 0 6# 8 04004646664 | QQQQOOMWQMWQW #» o C i i Ti i ie m i i e ue p.ey ivif}1ey Algoma Cokeâ€"Welsh Anthraciteâ€"Pennsylvania Biue Briquetts â€" Alberta â€" Pocahontas â€" Buckâ€" wheatâ€"Nutâ€"Slack and Steam Coal. AIY ches this week from Toronto finding of the Supreme Court case of the proposal for the ization of the Abitibi Power er Co. on what is known as ey plan. In a written judgâ€" > court dismissed a motion for enable the reorganization of MOREHEAT FOrR YOUR FLIEL DOLLAR Reorganization of 0. Stayed by Judgâ€" thnIrC ercC share of 3,000,000 five y anitoba, When travelling, c Travellers‘ Cheques give yOU accepted everywhere as cash. ( lers‘ Cheques at the Branch of } At home, valuable articl unce papers, title daeds and Jew loss by fire or theft. They shoulg } of a safety deposit box at 9 this Bank. Rent a box tod anxiety. The cost is surprising® €* our vaiely of coa) it {or Timmins Branch Branches also the | VCE ArIrC T Ontari r of a $100| ac rs of: $30, | Ext $50 second | 10 aze debenâ€"| bo amon stock. | ‘Fu 10n 11 at Kirkland Lake PSTABLISHED "I can sce C which justifies me cretion to relieve plan from failure tory majority. resul being fount LAgUC AISQ IOLULIU, _ . L4 bendho‘ders in favour of th not sufficient under the act. lieve the court should be ver cautious about sanctioning which results in the conf contractual rights at the 1 majority, when the majo least less than the legislat he commented. Quebec. Principal subsidiaries are S:.eanne Paper Company, Limited, which has two subsidiaries, Ste. Anne Power Company and Bale St. Paul Lumber Company and Provincial Papâ€" er. Limited. cas fiel ion Other principal â€" suosidifaries aAare Abitibi Electric Development Company Limited, Kaministiquia Power Company Limited, Mattagami Railway Company. Thunder Pay Paper Company Limited. Spanish River Pulp and Paper Mills, which controls Lake Superior Paper Company, Limited, Fort William Powâ€" er Company, Limited, Abitibi Lands and Forests, Limited, and Iroquois Merchandisinz Company, Limited. declaring vires, that Act, 1935, case of ins field now i Mr. Justice M app.ication for Plan should h Dominion legis] the ~Ontario . Ac‘ o1 1935. tor declaration bonds are Turning to pro procseded : "The to sanction suth the bondholders JuUs L ‘TH n legi in th rted wit} The acti is my Vl fied and ce McTa with this observation action is the usual be brought by the p rgainst the defendan Opposition Justified y view that the opposition is ind very properly taken." Mr. lengthy judzgment Domin:o: right hen d in the Judicature Act pplicable. Mr. Justice Mcâ€" und that 49 per cent. of n favour of the plan was under the act. "I do beâ€" t should be very slow and ut sanctioning a scheme ; in the confiscation of ights at the will of the en the majority is at in the legislation fixed," mall Â¥o ne ch 4. 3 Bank near you 3C _ here in exercising my disâ€" the proponents of the to obtain the statuâ€" o the view, without slation to be ultraâ€" dicature Amendment be applied in the ‘ompanies, since that d by existing Dominâ€" > defend hnat the are subject to in the security nt Branch of ~ relieved of 1s en ale providi ing not le Matter ie found that the val of the Ripley en made under instead of undet ure Amendment and Rouyn. Manager they are _ Travelâ€" ® bondholders‘ plaintiff as int company holders of irst charge." ‘, the judge _ empowered ‘oviding that ot less than LInsur hizher | 50 per cent. of the outstanding bon are in favour. There is given to t court an additional right of distribu ing the proceeds sale among the pe: sons whose interests are affected } order. The most important issue he is whether such legislature can b made applicable to a plan of reorga:l izing a company which is in banl ruptcy and in process of winding u 1t raises a constitutional issue ar involves consideration of the legislatic of the Parliament of Canada. "I refer to certain sections of t Companies Creditors Arrangement A« 1933. (Here the court cited sectio of the acst). "Under the pian . LUIC .. DULAMLANA * ccmpromise their rights to be paid in cash the principal owing on the bonds and their right to be paid in cash their interest coupons aSs well. "The preferred shareholders are comâ€" promising certain rights in order to take common stock in a new Ccompany. The term ‘compromise‘ perhaps, is not applicable to common shareholders but at least these are accepting a reduction in the number of shares. "While it is true the plan did not state that the preferred and common shareholders were to recsive a certain definite number of shares in : new company, it plainly suege~ th * the court should distribut to. wring about that result. "There can be no doubi Ripley Plan of sale of the a. reorganization brought befor« sanction under the Judicature ment Act, 1935, Ontario, co the pl mert â€" been carried forward under the panies Creditors Arrangement Ac section 123 of the Dominion Com| Act. The company involved is incorporated under the Dominion panies Act and is a debtor con C o. A WPs es "I think the correct conclusion i~ that the Dominion Parliament has provided a code by which a compromise or arrangement can be arrived at in case of companies failing within the definition of debtor companies under the Companies Creditors Arrangement Aci. incorporated under the Dominion von panies Act and is a debtor compat as defined by the Companies Credito Arrangement Act. a sale to a new company, but a secnem of compromise and arrangement nevet theless. 5C o o m o t w t o w "The scheme is essentially a sechneme of compromise and arrangement to be brought about through the medium of o2 n 2e o sn anmnmant. nut n Sscheme "No provincial statute can be utilizâ€" ed in case of that class company to bring about the same result. "To admit that would be to admit that a provincial legislature has the right to legislate respecting companies A h Pl L.k j |as well as the cul nother Plan Lat ely Te s sns R d | Near Niagara, On ln egar tO Ablt!})l | about equivalent 1 right to legislate respecting companites ; ider in a field already specifically coverecl|Jud by Dominion statutes on bankruptcy,| the and: insolvency." | out Move Now Looked for After Court Decision (From Globe and Mail) Following dismissal Monday by Justice McTague of the bondholo applicaticn for the sale of asseis Abitibi Power and Paper Company next most likely move, according information from the financial Stt will be for the liquidator to forn new plan of reorganization which meet the approval of all classes of curityâ€"holders. In the meantime, i contended that the move should | every type of holder a fair deal. The bondholders‘ plan of zation, which took the form for sale of Abitibi‘s assets company, yet to be formed missed primarily on the gt the matter did not come U Ontario Judicature Ac!t, tbut fell within the jurisdiction of mirton Companies‘ Credi:ors‘ ment Act. situation, will b probably the li¢ a new plan of rf of their own and present it to the ious classes of securityâ€"holders. It was stated there need not proval of all groups before a plar be submitted under the Dom Companies‘ Creditors Arrange Companies Creditors . AYrr Act. Negotiations last year over many months, Tailed tc such a situation. "There is no certainty that can get all securityâ€"holders alike," was the observation 1 New Plan Held Likely The next legical step, as oul those in close touch with the of the rep interested ly no pers the whole Exchange:â€"It is much easier to f t what you ought to know than to know what you ought to for: It is ‘m} i resentallve 0 in developme thing intecrests are al most important such legislature vhat the essencte 0 mm omiss or arrange cans of carrying out : Jught beforeâ€" me. â€"LOP 1 CALLLAL LE _ALOLO . LA l s o ues e Judicature Ammd-! But it was a little damping to disâ€" Ontario, could have‘ cover at the first look that raiiways ard under the Comâ€"| and liquor were this country‘s probâ€" \rrangement Act and| lem sixty years ago, too; that an 1878 Dominion Companies| politician was suffering from misquoâ€" ny involved is one| tation; and that the Third Parliaâ€" r the Dominion Comâ€"| ment of Ontario wWas being warned to s a debtor company| ge: to work on a general plan of unâ€" Companies Creditors smployment relief, "to prevent municiâ€" palities from getting rid by improper means of their cwn poor and increasâ€" inz the burden of their neighbours." No use waiting around all nighs for the spirit in the back files to start moving if it isn‘t going to turn up anyâ€" thing you cannot find in this mornâ€" an the bondholders: ing‘s papetr. However . . . rights to be paid in The misquoted politician was Mr. owing on the bonds; Rcbinson (John Beverley). He "characâ€" be paid in cash their| terized the Mail‘s report of his speech is well. i on the Orange Bills as utterly incorâ€" hareholders are comâ€"| rect and gave a correct version" ai rights in order to|length. After that Mr. Preston, M.L.A., k in a new company.| accused the government (Mr. Mowat‘s, mise‘ perhaps,. is not‘ remember, not Mr. Hepburn‘s) of makâ€" nmon shareholders putg ing political capital out of Jiquor in accepting a reduction| Leeds county. But Mr. Fraser, M.L.A. shares. (fcr Leeds?) said he never did. ue the plan did not| He had merely, it séems, deprecated eferred z_md common| undue preâ€"election harshness in the to recelys a (‘ertaing administration of the Crooks Act. f shares in > new,; On behalf of the Tory Opposition, y suage ad th * the| Mr. Cameron thereupon declared that ‘but. .. as uo ufl-lgl attempts such as the Crooks Act to essentially a scheme] d arrangement to bei rough the medium of! mpany, but scheme | 1 arrangement neverâ€"| | restrict the liquor traffic had caused hat .the essence O‘ no Giminution, but an increase in imiomiss or arrangeâ€"| crime. On behalf of the Reform Govâ€" ans of carrying out | crnment, Mr. Mowat differed entirely, attributing the increased numbers of mt, I think, that the| committments for crime in Ontario to h with the or somebod NAn calli hay Comâ€" t and janies one THE PORCUPINE ADVANCE, TIMMINS, ONTARIO «Problems Much the _ Same 60 Years Ago Discu around ronittc a a glass bottle at the castâ€"iron symDol of the Nineteenth Century‘s hopes would be as wicked as staging a sitâ€" down strike amid the twentisth cenâ€" tury wreckage of the same. To throw a glass bottle at the travelling triumph f capitalism sixty years ago, now in Ontario would be blasphemy as grgv? as throwing doubts on the bencticencs of capitalism itself in Quebet now. Look at it that way and it is easy to sse that accused got all the justice that as likely to be coming to him in St. Cathaancs Court House on Jan. 14, vAilw ay Unem CTAGQ CULF] The Rasteorn W Shipka Army study showsed between Russia iwesn Japan aI Amos Schermel an of 1812, ha f stors and rel Ma ays, Liquor, Yes, and ‘mployment, Were Isâ€" a DeY C e that can happen in an er office if a person hangs r enough after the lass been put to bed. > Settiement BZIL â€"LaliQs, s their price to $2.530 an $160 in scrip is now worth lan $80 in cash." But the arliament was content. wito cessicn. OIf wanted railâ€" th Roxnson in The ow and Mail) ime of The Weekly Globe lingz cabinet, landed with e desk and opened itself Globe noted ii difâ€" from the crude guessing ime hogâ€"slaughtering. In lers on railway lands had vear‘s grace in making 11 ig Victor Emmanueg. was ion. Baron Nathaniel de habitual user of omniâ€" is wealth, had presented ‘ and conductcr on the hare. a pheasan: and a . In rural Ontario hog become the fashionable ent of on d Agent had reâ€" accept scrip in ways and wanted them quick. | Railways again you see. Theres no escape. Except in the features the otily icaâ€" ture published in The Globe of sixty years ago this morning was an illusâ€" trated column on horseshoeing. Bringâ€" ing ail the nails out in a line, it says, is generally recognized as a piece of good work. A nail for which there is no need should never be put in, and high holds should be deprecated. Thera you have a feature that is a feature; concise, authoritative and to the point. Not like this stuff. It almost looks as if The Globe of | Jan. 18, 1878, slid down wnen it did to promote humility hereabouts. I{ so, it has succeeded. This reporter is both | humbled and discouraged. But is there a place in Canada now where an industrious and frugal persoi who can‘t think of anything more to write about ‘"can start farming with $1000? In Manitoba in 1878 such a person could do it easily. The Weekly Globe said so, only sixty years ago this morn ing. Exchange:â€"Every time a cold in his head he is take a lot of advice. Surplus Earnings for year Surplus Funds as at December 31 1937, consisting o General Investment Reserve _ â€" â€"â€" â€"â€" Policy Reserve Adjustment Fund _â€" â€" â€" Free Surplus for Contingencies â€" _â€" Special Charges: Provision for Depreciation in value of Bonds and Stocks â€" â€" Specific Reserve against loss of prinâ€" cipal on Mortgages and Sale agreements â€" â€" â€" â€" Staff Pensions T 1: im ue Deduct: Assets (all owned by the policyholders) Surplus Funds as at December 31st, 1936, consisting of General Investment Reserve â€" â€" _â€" _â€" _â€" Policy Reserve Adjustment Fund _ â€" â€" _â€" _â€" Free Surplus for Contingencies â€" â€" _â€" _â€" Insurance in force (excluding Annvities) New assurances paid for in 1937 In addition to these Surplus Funds the Company holds Special Reâ€" serves, including $3,500,000 for dividends payable in 1938, of Death and Disability Claims, Matured Endowments, Surrendered Policies, Supplementary Contracts, etc. â€" _ â€" Increase in Actuarial Reserve and Amounts left on Deposit â€" _â€" Commissions, Taxes and General Exâ€" Qutstanding Features of 1937 Statement possible losses) _ â€" â€" â€" Supplementary Contracts â€" _ â€" Profit on Sale of Ledger Assets Premiums (net] â€"â€" â€"â€" â€" . . : â€" Interest and Rents (after provision for penses Ee uk ons 0 O me Tw ce Depreciation on Ledger Assets _ â€" _ â€" Amount Written off Head Office Premises R. O0, McCULLOCH, Net Amount Transferred to Surplus Funds Surplus Paid or Allotted to Policyholders â€" The 68th Annual Meeting of the Policyholders will be held on Thursday February 3rd, at 1| a.m., at the Head Office, Waterloo, Ontario Total Total Special Reserves and Surplus Funds (An Increase cf $803,702.64) a man has expected to 68th Annuval Statement Continues Record of Progress and Stability Assurance Company PROFIT AND LOSS ACCOUNT for the year ending December 31st, 1937 Dear Sir:~â€"Both Japan and China were tendered medica] and relief assisiâ€"=. ance by the International Red Cross, representing all National Societles.i Japan declined, stating that she had already â€" made necessary provision. China accepted. with a gratitude that reflects her terrible need. China is suffering. The extent and severity of that sufâ€" fering has seldom, if ever, found equal in the history of nations, The shelling and bombing of cities, bringing terror, death, disablement and | destitution, not alone to soldiers, but to | countless women and little children ! helplessly caught in the maelstrom of war, have created distress of unparallelâ€" ed proportions. At the expressed wish of Canadian citizens in many parts of the Dominion, the Red Cross and the Religious Bodies | of Canada, in affiliation, are creating a fund, through which our people may National Committee for Relief of War Victims! President To the Edi The Advan (excluding annuities and revivals) $44,697,412 Increased by $12,683,119 to $550,578, 406 Increased by $8,780,870 to $169,887,078 Established 1869 270,172.89 $12,283,279.93 $17,965,613.74 7,826,359.09 3,406,699.74 472,119.46 50,000.00 7,.451,116.1L5 3,083,100.97 99, 3 38.44 150,8688.00 55,440.60 W. H. SOMERVILLE, 5 $ 2,000,000.00 1,200,000.00 5,214,736.42 520,199.33 $ 2,000,000.00 900,000.00 4,834,822.38 $28,555,27 1. 46 $24,039,058.22 * 2,976,013.:9 1 $ 4,516,213.24 express their sympathy in tangible form. No brief Lay by the stark ts Will suff and meet haud Huntingdon Gleaner: Back in 1931, Mr. and Mrs. Earl P. Cady were diâ€" vorced and Cady was ordered to pay his wife $7 a week alimony. Cady soon married again, this time a widow with a twolveâ€"yearâ€"old son. Times coming harder, Cady was unable to pay the alimony and as his first wife had no other means of support, she just moved in with her former husband and Mrs. Cady No. 2. It is a strange relationâ€" ship, but the "family" of four have now lived together in apparent peace and happiness for five years. incerely yours, Sir Henry Dray General The net $11,730,836.29 $ 8,414,736.42 $ 7,734,822.38 $ 3,996,013.9 1 $14,557,605.87 $ 3,316,099.87 6,142,869.45 at Canada will vÂ¥ with generous his ) aAre laying tragedy beâ€" vÂ¥ assistance Chairman