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DECIDE ONNAME EARLY THIS YEAR (Continued from page 1) issue of the paper under the new name, we had a 500 subscribers in and within a radius of fifteen miles of Oshawa," declared witness. "Port Hope was thirty miles away with a| with paper operating in an entirely different district," he continued. "This paper at that time," continued Mr. Alloway, "had less than 25 subscribers in Osh- awa." "Although I estimate there are a dozen papers called "Times" in tario," pointed out Mr. Alloway, "The Port Hope paper is the only one which does not carry a place name in the dateline. The word "Times" is very popular for a newspaper both in, and out of Ontario," declared witness, "and 1 may cite two of the more important The London Times and The New York Times. "How long had you contemplated changing the name of your paper?" queried Mr. Denison. "Oh, the change had been under con~ sideration for quite a long time," answered witness. "We sent. out an, order on May 4, 1927, for an elec- tro for the new name," pointed out Mr. Alloway. "What date did you decide to make the change?" queried defendants' counsel. 3 : "Well, we had discussed it for one and a half to two years, but came to a definite conclusion early in this year and were waiting for, a favorable op- portunity to make it known," answered witness. "We intended to announce it in May but we were delayed by the absence of the electro, and then by the work en- tailed in getting out a jubilee edition," said witness. "We made the announ- cement in the jubilee edition, of June 30th, fulfilling a determination we had made as far back as March." "The Port Hope paper started gath- JUST ARRIVED 500 Popular Fiction at 78¢ each - HENDERSONS Book Store in August," said witness, "and imme- diately the minds of the people be- came confused about the two papers with practically the same name. i ainda a a | "There was confusion over the. tele- , phone," said Mr. Alloway, "people get- ting the wrong umbets. from the in- Tats So department the telephone company. In addition advertisers were dealing with Port TPE csonfatives when they thought t dealing us. we pr ," added witness, "mail matter for the other office, and news items were given to their reporters: which were intended or us." Did you* suffer any damages f this_confusion?" - queried Mr. Grant, "Yes, the paper suffered much dam- age. in can of subscribers who bad subscribed with the other paper, when they th t they were sub- scribing for The answered Mr, 'Alloway. Here is a copy of an edition of you | paper, Mr. Alloway," stated Mr. Deni. son for the defence, "could you tell me | if the prophecy made here that Oshawa | s will have a population of 50,000 in five' years is correct." "That is an advertisement. I am mot | hi resp for s made by advertisers," countered Mr. Alloway. "You mean you couldn't say whether ering news in Qe 1 the : fis veh primed at Port shawa Daily Times," or Hope, Mr. Denison asked Mr. Alloway what his opinion was concerning the three place names | under the heading, "The Ti Mr. replied Cac 0 y a1? Was. quite Denison wanted thes "Why?" know. Mr. to . "Because although there are three Towns. re, Osh ort : and Cobourg, there is no indica- tion which is the head office of where the paper is printed," answered witness. "Isn't that more or less usual?" ask- ed. counsel. E> assuredly not," replied Mr. Vhat do you object to in this head- com Hinge Mr. Denison asked. "I object to the linking up of the Oshawa with the word Times. It creates confusion," answered wit- ness. _ "Creates confusion?" wondered Mr. enison, . "Yes, it doesn't distin is' sailing under false col Mr, Alloway. 2 How is it doing that? ?" asked coun- uish itself, it * declared "Sie doesn't sa; here it is from," explained Mr, Ailo A copy of the Financial Times was produced, which has the place Mon- treal on Non Side, and Toronto on the other. Mr, Alloway was asked by Mr. this i queried coun- orrect or not?" sel. r h ¢is\simply a man's opinion, I can't say whether he is right or not," replied witness. "That is right," interjected Justice Rose to Mr. Denison, "you cannot ex-, pect. a man to swear to a prophecy." "But will you admit, Mr. Alloway, that Oshawa is a growing ctiy?" ask- ed defendants' counsel. "Certainly," was Mr. Alloway's re- ply. "And you had this growing city to yourself just before the Port Hope paper invaded your field, didn't you?" queried Mr. Denison. "No, I wouldn't say that because the distribution of Toronto papers is quite general in Oshawa," answered witness. "But did you have the local news and advertising to yourself before that?" asked counsel. : "Yes, we did," admitted Mr. way. Evidence was given later by Howard | Fleming, manager of the Owen Sound Times, that .in his. opinion Toronto papers would dominate the field of nearby towns, far more so than in towns at a greater distance. Producing a copy of the Daily Times Allo- Biv 'Dominion and' Provincial ~ Government Bonds Municipal Bonds Public Utility and Industrial Financing Foreign Issues Quoted Dozurion Secuarrins . "Eskblished 1991 ° "Sm +.B ROOD, Pemides . Mond Of: 6 King 3, £. TORGNIO3 OSHAWA REPRESENTATIVE FRANK J. REDDIN MANAGER CENTRAL CANADA LOAN & SAVINGS COMPANY 23 Simcos Sireet, North Tc ce SHORTEN THE MOULTING HOLIDAYS Get. Bigger Profits Every day cut out of the moult- ing period your puts something into t. Get your hens guieily back to FP. fe It shortens the Start the famous 50-50 ep ration --mix.. equal of Ful-O-Pep Growing and Ful-O-P Egg Mash, ting period. When pullets moult feed the same ration. Keep it before them all the time. Ful-O-Pep Growing Mash and 4 Egg Mash are both rich in mineral and protein. bones, plenty of tissue. Both eontain Cod Lier Via to provide vitumipes direotly.on the De es FUG Pep fon a veal igh: ity aus. Thebes just ground. oats. + The 50-50 ration brings birds through moulting wri. Prepare. . smooth feathers, ivhetio. flesh, in iki way fit An now tion inj winter. EWOFep feeds give Post ted for work. Ler i to give the impression that it is print- _ liknow. Denison i he thought this was not a similar case to the (Daily. Times print- ,ed at Port Hope "Neo," ¥ Renin 'witness, "the two cases are not similar, . The Financial Times carries the place of | publication as Montreal. The Pert Hope Times tries ed mn three places." ¥When did you first have knowledge 'that the Port Hope paper was com- ing to' Oshawa?" Mr. Alloway was asked. "July 4 was, the first date I had anything 'I could dignify by the world knowledge," answered witness. "Had you heasd of it before?" coun- sel for the defendants wanted to know. "I had heard a few rumors," replied Mr. Alloway. "Did you not know it was entirely probable that the papér was about to open an office in Oshawa?" asked Mr. Denison. "No, I knew there was a little talk about it since I hear rumors through the staff," replied Mr. Alloway. "Did you discuss these rumors with anyone?" asked counsel. "I had a few discussions with Mr. {Mundy, president of our company, two jor three times." answered witness, "Then what?" counsel wanted to "Mr. Mundy, interviewed several people whom he thought might know something of: it," replied Mr. Alloway, "John Stacey, former mayor of Osh- awa among them." "Did he interview John Stacey, for- i mayor of Oshawa?" asked coun- se \ "Yes" was the reply. "Did Mr. Mundy say he understood Mr. Stacey to say the rumors were correct?" queried Mr, Denison. "Something like that," replied Mr. Alloway. "Whom else did Mr. Mundy inter- view?" asked Mr. Denison. "He saw T. B. Mitchell, who said he had heard rumors but had no interest in them. Frank Mason and H. E. Smith when interrogated gave the same reply. A. J. Swanson, K.C,, declared he was not interestea person- ally," answered Mr. Alloway. "Did you speak to anyone about changing the name of your paper?" asked counsel, "Yes," replied witness. "I spoke to Fred Hare, city clerk of Oshawa; tQ | Howard Fleming, manager of the | Owen Sound Sun-Times, and Samuel Scovil, of the Cleveland Times." » "Anyone clse?" asked counsel. "Members of the staff knew of it, as well as firm to which I wrote ordering a new electro for the paper with the word Times," answered Mr. Alloway. No Date Line Howard Fleming, Manager of the Owen Sound Sun-Times, and President of the Ontario Provincial Dailies, de- clared that the case of a paper being publishdd without the place where it is printed being placed in the date line, was. to say the least, exceptional . Mr. Fleming was unable to cite another case in his 22 years in journalistic work, comparable to this. "Do you recall a convérsation with Mr. Alloway about the changing of the name of the paper?" asked counsel for plaintiff. "Yes, it was in February of this year in New York City," answered Mr. Fleming. A protest was entered hree by Shir- Shirley Denison, K.C., counsel for dedefendants. Justice Rose overruled the protest, pointing out that Mr. Denison had seemed sceptical before about the time of determining upon a new name for the "Reformer." "Did you discuss reasons for the changing' of the name of the paper, Mr. Fleming?" continiied plaintiff's counsel. . Name Was Political "Yes, Mr. Alloway explained that he thought jt detrimental to the well- being of the newspaper that it retain a policital name, while its policies were independent. When he asked. my opin- ion; I agreed fully with him," replied wtiness. "No, there was no name decided up- on then, although a number were dis- cussed," replied Mr. Fleming to a question put to hit. Witness went = on to say that the first he heard of the definite decision on the new name, was on May 5, when he was told by Mr. Alloway that the word "Times" had been decided upon. Mr, Fleming admitted that the name "Times" alone or in conjunction with another name 'was rather common with newspapers in. Ontario, but did not know, what Mr. ison declared that there were 22 dailies and weeklies in Ontario using the word "Times" as part of full name. Asked if he thought the fact that a paner was thinking of buying evidenge that the paper: planned Mr. Zz. replied that he would not necgssarily think so. George Alexander M Treasurer of James Fisher Company, Advertising Agents, declared the form of the defendants', paper' was very un- usual, pointing out that "ordinarily the name of the city is part of the date- line, whereas one could not see from the paper shown where the paper was printed Mr. Martin, who was in newspaper work: for nine years and in adveriismig wark for five years, says he has never sions. artin, Secretary- |' seen a paper before orofeaci three places of publication. ng "Although the Galt gy , has. in" s, 'to have three places of publi- does The 'Daily 'Record itchener and Waterloo," declared [attin, « : ' a asked by Me. 'Denison. when Peter L. Brown, editor of The Daily Times of Port H told him he was opening a branch office in Oshawa, Martin believed it was just recently. Witness admitted diseussing the Port Hope paper with: Mr. Alloway, editor of The Oshawa Daily Times, but dé- clared this 'was after legal action had been taken. . Frederick Hare, city clerk of Osh- awa, recalled on the witness stand a discussion with Mr. Alloway in the spring 'of this year about a change be- ing made in the paper's name. Mr. Hare declared 'this was in the early spring, and. that Mr.. Alloway wanted his opinion on the matter. , "The 'reason for the desired hinge was the political aspéct of the paper. In the minds of a lot of people, it was a liberal ,paper because .of the liberal name, Mr. Alloway had several names in mind," continued Mr. Hare, "No," replied witness to Mr. Deni- son's question, "we did not discuss the feature of another paper coming fo town." . Fred Bunting, assistant postmaster of Pickering, declared he had approxi- mately one hundred copies of "The Daily: Times," with the word Oshawa printed on them which made him think they were copies of The Oshawa Daily Times. Sending a refusal to them brought a young woman to the post office who declared they were copies of The Times printed at Port Hope. Bunting declared he had to send two refusals to the Port Hope paper be- fore the copies were stopped being sent. At this point, Mr. Conant tried to read a section of the Postal regula- tions, which would show that the of Times paper printed at Port Hope was not eligible for second class rates, be- cause they did pot, carry the place of P tion as 'required. is was ruled out on a protest by the defen dants" counsel, Mr. Denison. Ralph E. Sneyd, reporter and can- vasser , for the Oshawa Daily Times, use red he had entered the Oshawa ice of The Daily Times printéd at Port Hope, and was given one of their r.| papers when, as a test, he asked for a copy of The Oshawa Daily Times. Mr. Sneyd téstified "he was not given the paper, but that it was sold to him. With this evidence the plaintiff side rested its case. Court today will take up the evidence which will be offered by the defendants. WOSICAL TREAT TREAT AST. ANDREW'S The Progrouy is | is Featured By Numbers By Bettina Vagara A 'large and appreciative audience crowded the mew auditorium of St. Andrew's United Church last night 10 attend the first concert held in the new building. Seating room was taxed to its full capacity, and it was necessary to bring over one hundred 'jiditional - chairs to accommodate later arrivals. Under the efficient chairmanship of the pastor, Rev. F. J. Maxwelll everything went as smoothly as the proverbial wedding bells, and it is a great tribute to the citizens of Oshawa that £0 many of them are so earnestly appreciative of really good music. Where each artist show- Dangerous Varicose Veins Reduced or Money Back This Simple Home Treatment is is Giving Amazing Results Rub Gently and Upward Toward | two the Heart as Blood in Veins Flows That Way If you or any relative or friend is worried because of varicose veins, or bunches, the best advice that any- one in this world can give you is to ask your druggist for an. original FAIR 1S D, "* I'swollen, two-ounce bottle of Moone's Emerald OH (full strength) and apply as di- rected night and morging to the enlarged veins. Soon you will notice that they are growing smaller and the treatment should be continued until the veins are of normal size. So penetrating and powerful is Emerald Oil that even Piles are quickly relieved. Jury & Lovell, Ltd., W. H.. Karn. =... -- off to school in a hurry Reidvie Serve. annad digest Vigor and health for young and old Delicious with cream or hot milk. ed such exceptional "merit, it is a 'thankless task to attémpt to select any particular individuals for spee- fal mention, but perhaps we may i be forgiven in saying a snecial word of praise for little Bettina Vegara, .| whose extraordinary technique and versatility were beautifully em. phasized in her sections. De Ber- fot"s "Rondo Russ" would tax even the most experienced violinist, but little Bettina went through it with- out a flaw. Mrs. Russell Bale's sols were very happily selected and re- flected her personality to an extra- ordinary degree. Miss Jessie A. Alex- ander needs no intoduection to Cana- dian audiences, and her readings and recitations are always well chosen, and perfectly rendered. Mrs. Grant Berry sang "The Summer Wind' as en encore tn that old fav- ourite 'Love the Peddler." In '"The Flag of Carillon' Mr. Bloss had a song which suited his baritone voice to perfection, while Mr. W. H. Scilley sang "Nirvana" with telling effect. The full program follows: Solo, 'Flag of Cariilon", Mr. Bloss; violin solo, Rondo Russ (De Beriot), encore Scotch Lullaby (Von Kunitz, Little Bettina Vegara; solo, (a) Once in a Blue Moon, (db) Morn- ing, Mrs. Russell Bale; selection: Bushel for Bushel (Peter MacAr- thur), encore, Sold Again, Jessie Alexander; solo, Nirvana, Mr. W. H. Scilley; violin solo, Beautiful Rosa- mine (Kreisler) encore, Cavatina (Raff), Bettina Vegara; solo, Love the Peddler, encore, The Summer Wind, Mrs. Grant Berry; selection, Mandy on the Joy of Being Fifty, enore, Vespers, Jessie Alexander; violin solo, Mazurka (Wienfaski), (repeated as an encore) Bettina Ve- gara; selection, 1 am Content With Canada, Jessie Alexander; solo, The Market, Mrs. Grant Berry; solo, I Know Where I Am Going, Mrs. Rus. sell Bale; selection Levingky at the Wedding, encore If (Kipling) Jes- sie Alexander, At the close of the concert the artists were entertained at a very pleasant and informal supper by the !adies of the church. re n NewYork stay at the ABERDEEN HOTEL 17 West 32nd St., near Sth Ave. Close to Penn. Station -- accessible to ing! Every modern hotel con ce and service. PL ol 30 avanavie Toba F. Downey, Managing Director UPHOLSTERING of all kinds, . Workmanship Guaranteed G. A. CONSTABLE %4 Mechanic St. Phone 15905) VIEW PARK NO. 1 READY PAYING IDENDS TO BUYERS Even our expectations have fallen far short of facts in the re- sale poséibilities of Fairview Park No. 1. We knew that the orig- inal prices were such that early profits were inevitable, but we will frankly say that we never expected that resales would materialize so quickly. Every day for over a weék people to whom we sold lots in Fairview No. | have reported to us that they have had the spportunity of taking handsome 'profits on their investment. And today we can announce that i f / 5 ANE THE FIRST RESALE HAS GONE THROUGH AT A PROFIT OF 203% ON THE AMOUNT INVESTED! - Others who haive received of fers of practically the same profit - have refused to sell, preferring to wait'for the bigger profit that they know is assured. They know that the great northern expan- sion of the city will bring them returns out of all proportion even to the splendid profit taken by the man who made the first resale. Fairview Park No. | is of course completely off the market: as far as original sales are concerned, but Fairview Park No. 2, on Ritson Road, just one block north of General Motors, will be on the market in a very few days. Watch for the opening announce- ment of the sale of Fairview No. 2, and be one of the first buyers there. ! ~ $e L] HEAL ESTATE