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THE OSHAWA DAILY - 1IMES, TUESDAY, DECEMBER «, 174. AA WHIT BY Representative-- JAMES HOLDEN Phone, House 15--Office 484 Judgment is Reserved in Action Over Legacy of Late Col. Farewell 4 Judge Thompson Declares Verdict Depends Entirely on Terms of the Will -- Correct Interpretion and Intention Will Be Sought -- Oshawa and Whitby Contend for Sum of $3, 000 for Hospital (By Staff Reporter) Whitby, Dee, 4. --Judgment was reserved by Judge J. E. Thompson in the action heard before him in the county court chambers yester- day to determine whether the pro- posed Whitby Memorial Hospital fs entitled to a legacy of $3,000 under the will of the late Col. J. E. Farewell, or whether, by failing in the conditions as stipulated in the will, it shall forgo this amount, and, in its stead, the Oshawa Gen- eral Hospital will share in the resi- due of the estate. Argument Heard Argument in the action was heard yesterday afternoon after all the evidence had been receivd, G. D. Conant, Oshawa barrister, acted as counsel for the defence, while A. G. Browning, K.C.,, of Whitby, represented the provisional board of the Whitby Memori:l Hospital. Terms of Will Before adjovrning court His Honor announced that the case depended upow the terms of the will, If the wording of the will was plain His Honor stated it would have to be executed implicitly, If the wording was ambisuous then an effort would be made to find the correct interpretation and inten- tion, of the will. No Money From County Miss E. A, McKay, county treas- urer, was the first witness to be called yesterday afternoon. Quess tioned by Mr, Conant sie tCuu iva that no money had ever been paid Dy the county to the proposed Whithy Memorial Hospital, She was aware that an amount otf 2,000 had been voted for this pur- pose bwit no action had ever been tures or pay any part of this sum. Reeve Albert W. Jackson, ot Whitby, recalled -that on July 6, 1921, the town council of that date had passed a bylaw to grant $5,000 for a public hospital to be established in Whitby. The bylaw received the approval of the rate- payers but no further action was taken Reeve Jackson stated. Will Is Read Mr. Conant then addressed the bench and read out the clause in the will with regard to the granmt- ing of the legacy as follows: "If prior to my death, or within three years after my death, the county of Ontario and the town of Whitby, or either of them, shall have built or undertaken and com- menced to build in the town of Whitby a general hospital for the sick, and have contributed or un- dertaken to contribute to the erec- tion of the said hospital, then 1 direct my trustees to pay to le proper official of said hospital for its objects and purposes, [hree Thousand Dollars without intercet thereon, less any sum which I shall have contributed towards said hospital in my lifetime," Residuary Clause Mr. Conant declared that the residuary clause of the will was even more specific and was hedged about with safeguards. This clause in part, reads thus, '"Wiht respect to the balance if any, in my resid- uary estate, I direct my trustees to distribute same between such of the following respective persons, and charities, who shall be found en- titled to the respective legacies and benefits"-- (a number of persons are named)--and "the Whi by Hos pital ,or failing the Whitby Hoa pital te comply with tue Guuiic va conditions then the O:hawa Gen- eral Hospital, the Children's Ald Society of the County of Ontario," and a number of other charities, "such distribution to be made in the same respective proportions as such persons and charities share in the aforesaid legacies and bene- fits." Conditional Grant Referring to the evidence of A. E. Christian, county clerk, counsel taken by' the council to issue deben- submitted that the county council OOO Perfect Table ping Stones Plan, - table the necessities for table appointment that service, ment and Ven Ven Yau Var : rd poco OED OLD EDOLIOCINLIO OED DID ODIOVOO0 = Now! Every Woman (an Afford Hs is a remarkable plan in which a complete silverware service is graduallyacquired in four con- venient steps, It is the Holmes & Edwards Step. The first step, Starting Service, places on your step includes the pieces essential for serving salad, soup, bread and butter and other side dishes. The third step approaches further the perfection of The Stepping Stones Plan has enabled hundreds of women to realize their cherished ambition for sufficientsilverware, Let us showyou how, withthis plan, you can acquire easily, a perfect service of the exclusive Holmes & Edwards Super Plate Inlaid.* "tbe quality with blocks of sterling sits Whe uals with Mocks of sling Every hostess will enjoy reading this i Foy bookleton oy sending this ho: Come to Bassett's Cor, King & Simcoe Sts. E. Burns, Cor, Prince & King Sts, A, 0, Feli; 14 King St, E. Felt Bros, 12 Simcoe St, S. HOLMES § EDWARDS =~ INLAID ~~ Mawsfoctured STANDARD SILVER COMPANY OF TORONTO, Lasvee Swccmded by Factory SC, INTERNATIONAL SILVER COMPANY OF CANADA LIMITED 0 mT Van VV WW WN Sod . Fol EV FV TV WV, Appointments Cd Cd w - every occasion. The next is realized in Step Four, of oh of ol ana in- be Ahi secure EW TW WW TE TE TE TW WE OW a VW VW UW WW VV UW WW VV WW, -----ve Sd in Consde by -- FE I) North, Toronto, Ontario,--Sead me yi fl I International Silver Company of Canadas, Limited, Dept. © , Madison Avenue "Stepping Booklet, Lessszosososoosooss I I == only adopted the report of the fin- ance committee recommending that a grant of $2000 be made to the Whitby Memorial Hospital on con- dition that the council was assured that the hospital would be estab- lished. Further, he pointed out, no bylaw had been passed and there- fore the council was not committed to this grant by law, In reference to the bylaw passed by the town council in July §, 1921, Mr. Conant contended that by its terms $5,000 woild be pro- vided for the establishment of a public hospital in Whitby. This, he argued, was very ambiguous and in any event the bylaw was now useless as the time limit of two years, provided under the Muniel- pal Act, had long since expired. Had No Site Counsel considered that Col. Farewell had meant what he sald when he inserted the words "County of Ontario" and "Town of Whitby." No doubt he had in mind a public hospital established by either of these two municipalities. Or, he demanded, if the legacy were to go to a hospital to which either municipality had contributed, how could the Whitby Memorial Hos- pital be eligible under this condi- tion when it had not received a cent from the county or town. He stated that the provisional board of the hospital did not even have a site as its deed to land on Byron and Chestnut streets could not be registered. He did not think that the excavating of a little earth on December 28, 1926, entitled the Whitby Memorial Hospital to the legacy. Whitby's Claim A. G. Browning submitted that the question was whether the Whi ts Memorial Hospital was en- tited to the legacy under the fore part of the will. He declared that there could be no doubt as to the genuineness of Col. Farewell's in- tentions. He had lived in Whitby and contemplated the erection of & public hospital in the commiin- ity. He was familiar with previous steps which had been taken to in- Sure a hospital for the town and was not attempting to pretend to make a gift. Mr, Browning consid. ered that everything had been done according to the terms of the will and that, therefore, the Whitby Memorial Hospital was entitled to the legacy: RATEPAYERS Wi VOTE ON PROPOSED PARK ADDITION By-law Given First and Sec- ond Readings at Whitby Council Session : (By Staff Reporter) Whitby, Dec. 4,--A bylaw to pur- chase lots 13, 14, 15 and 16, situ- ated north of the present town park at ocst of $3,000 and incorporate them into the park, was introduced at last night's council meeting by Ree Jackson and given its first and gecond readings. The bylaw provides that debentures for this amount be issued payable in equal annual instalments over a period of 15 years. People to Decide At a recent public meeting hela under the auspices of the Chamber of Commerce & resolution was pass- ed urging the council to purchase the lots which are owned by Depu- ty Reeve R. J. Underwood. The town park would thus be enlarged and there would be no danger of unsightly buildings being erected in the vicinity, A number of councillors were opposed to making the purchase but agreed to submit the bylaw to the people. It will be voted upon at the civic elections on January 7, by those entitled to vote on money bylaws, COMPANY MUST ACT BEFORE COUNCIL SUBMITS BY-LAW Whitby Wants Everything in Order Before Voting on Proposed New Industry Whitby, Dec. 4.--Town Clerk J, Frost has been instructed by the town council to write or telephone F, 8. Knight of Meaforw, advising him that the council is of the opin- ion that before any move s made by council to prepare and submit a bylaw to the people to authorize the $75,000 loan the Hadwood Flooring Co, must first comply with the conditions as laid down In the resolution passed by the citl- zens at a public meeting on No- vember 28, and that a proper agreement between the town ane the company be executed, A motion Yo this effect was moved by Councillor Ormiston and seconded by Councillor Bowman and pass- ed unanimously by the civic fath- ers at their regular meeting last night, Up to the Company A communication had been re- ceived from Mr. Knight request- ing a copy of the bylaw to vote a loan of $75,000 to the Hardwood Flooring Co., which may be submit- ted to the ratepayers at the civic elections in January, A majorit, of the councillors, however, wer of the opinion that under a resolu- tion made by a public meeting on Thursday night, it was understood that the council would not proceed with the drafting of the bylaw un- til the company had given assur- ance that working capital of $50,- 000 had been subscribed, ' Not Chartered Reeve Jackson pointed out that? the company had not yet beer chartered and that there was no Felt. Bros "Buy Where Satisfaction is a Certainty" THE LEADING JEWELLERS LOCKS WE are now offering some beautiful ahogany cased Clocks that ring out the passing hours to the pleasing chimes of old West- minster Cathe dral. You are invited to inspect this interesting col- 'lection. " 12 Smacoe St. S. agreement between the town and company. It would be foolish, he advised, to pass a bylaw wihout having entered upen a writte: agreement. Acting on this & gestion Councillor Ormiston incor- porated a clause calling for the ex- ecution of a proper agreement in his motion. Financial Report Councillor Wm. Pringle, chair- man of the Finance Committee, pesented his report and accounts totalling $751.37 were passed. Th' total was charged as follows: Fin- ance, $236.75; streets, $233.43; town property $16.67; relief $6.- 44; accounts paid and not passed, $256.38; fire and light, $2.70; mis- cellaneous, $3.60. Education Grant Town Clerk Frost informed the council that the Board of Educa. tion had ¢ ade a requisition for $1- 500 as the unlevied portion of the 1928 estimate, Upon motion of Reeve Jackson, seconded by Coun- cillor Pringle, the clerk was order- ed to pay this amount to the board, All members of the council were present at last nights meeting in cluding Mayor John Bateman, Reeve Albert W, Jackson, Deputy Reeve R. J. Underwood, Council- lors F. Threadgold, C. Broughton, J. H, Ormiston, Wm. Pringle, D, Mowat and Ed. Bowman, WHITBY COUNCIL CLEARS THE DECKS Mayor Bateman Intimates That He Will Not Seek a Third Term (By Staff Reporter) Whitby, Dec. 4.--The statutory meeting of the town council will be held in the council chambers on Saturday night, December 15, The next regular meeting and probably the last meeting of the town coun- cil will be on Monday, December 17. Last night, Mayor Bateman extended an invitation to the mem- bers of the council, the town offi- cials and the press to attend a ban- quet which will be given at his home, following the council meet- ing on December 17. Bateman to Retire Deputy Reeve Underwood and Councillor Bowman moved a hearty vote of thanks for this kindness on the part of the mayor and his wife and the appreciation of the coun- cil was tendered to His Worship by Reeve Jackson. Mayor Bateman intimated that he would not seek a third term as the town's chief magistrate, but members of the council board regretted this de- cision and urged him to reconsider the decision, CRIME IN WHITBY (By Staff Reporter) Whitby, Dee. 4.--The report of the police department for the month of November shows that 32 cases were prosecuted, 22 convictions were secured, while there were four withdrawals, A total of $86 was received in fines, OROSSING REPAIRS (By Staff Reporter) Whitby, Dee, 4--Town Engin- eer H, L. Pringle and Town Clerk Frost have been instructed by the council to communicate with the Canadian National Railways in connection with the condition of the crossings on Dundas St. eas) and Garden street. The engineer reported at last night's council meeting that the crossings were in bad shape and required to be lev- elled with gravel, planks or con crete, COMMENCEMENT EXERCISES (By Staff Reporter) Whitby, Dec. 4--The annual commencement exercises of the Whitby High School will be held in the assembly hall of the school next Friday night, December 7. Mr, Os- borne, director of the extension courses for the University of Tor- onto, has heen secured as special speaker, Mayor Bateman and members of the town council were RELIEF FROM CATARRH N line" is so pl Apply it to our nostrils, Feel yourself being gradually Dut surely freed from Catarrh. "Nostro- line" is splendid for Colds and all nose trouble. soothing and pleasant, 50c, Get it from Kam"s re Store, next Post Office, King St. East, Oshawa. Your Nose Needs "Nostroline" last night invited to attend the commencement exercises by Dr. H, 'wt of the Board of Education, and Principal A. Archi- BULLETIN ON KING 'PHONED OVER OCEAN Montreal, Dec. 4.--The transat- lantic telephone was utilized Mon- day to secure the latest bulletin on the health of King George. Dur. ing the meeting of the shareho'a- ers of the Bank of Montreal, Sir Frederick Williams-Taylor advised those present that a telephone mes- sage has been received from G. S, Cassels, assistant general manager of the Bank of London, stating that the latest from Bucking- ham Palace was that the King was showing improvement. The au- nouncement was received with ap- plause, PRINCIPAL TAYLOR ISTHE PREACHER ATBOWNANVILE Two Fine Sermons at St. Paul's By Principal of Queen's University Bowmanville, Dec. 4.--Most suc- cessful anniversary services were held in St. Paul's United Church on Sunday. Ideal weather pre- vailed and splendid congregations were present at both servces, every seat being taken at night. Tae platform of the church was beauti- fully decorated wth pink and yel- low 'mums and ferns, the arrange- ment being most artistic. The preacher for the day was Rev. Principal R. Bruce Taylor, D.D., LL D. of Queen's University, Kingston, who gave two eloquent sermons His morning subject was taken from Lamentations, 3rd chapier, 39th verse, "Wherefore Does a Living Man Complain?" and he pointed out how things which might. be considered minor sing could be most detrimental to a christian life, such as being con- tinual!ly gloomy, pessimistic, full of self pity, given to evil speak- ing. Suggests A Cure Pincipal Taylor also said that another evil was a lack of gener- osity of spirit and a failure to say "thank you" for favors received. He suggested that a cure for these evils would be to keep busy, form the habit of thankfulness get a sound outlook on life, cease telling your troubles to every one and try and do something to make the world better, If the world was good enough for Christ to die for, it is surely good enough to live for and that there was everything for which to thank God. Evening Sermon Principal Taylor's evening sub- ject was "Small Ships". This he used as an illustration of places ot escape. There come times in everyone's life when they feel they must get away from existing condi tions. He enumerated various con- didons that at times became unm- bearable and suggested "Small Ships" in which one might escape for a time, such as the open air, travel, reading of good books, have some hobby which for the time would make one forget ali cares. It was, indeed, a rare treat 0 hear Principal Taylor. Musical Program The music of the day was most delightful. solos as the anihems all contained a good deal of solo work which was most ably taken by Mrs. C. Arthur Cawker, Mrs, Colville and Mr. H. J. Knight. Unfortunately, the male quartette had to be with drawn owing to a bad throat con. dition of one of the singers. In place of these at the morning ser- vice a fine duet was well sung by Messrs, H. J. Knight and G. E. Chase. In the evening a duet by Mrs. Cawker and Mr. Knight was beautifully sung and was most en- joyable., A feature of the musical part of the services was the play- ing of Mrs. Ria Cole Dudley who presided at the organ, Her ac- companiments were faultlessly played and were responsible to a great extent for the splendid man- ner in which the anthems were rendered. It was a most interest- ing day throughout and a nice thankoffering was placed on the plates. PERSONALS Bowmanville, Dec. 4.--Mr. and Mrs. John Hyde, Toronto, spent the week-end with her parents, Mr. and Mrs. J, H. McClellan. Mr. and Mrs. Ed. Doidge, Salem, were Sunday guests of Mr, and Mrs. T. H. Knight, Col, and Mrs. Gill and children, Polly and Charles, were in town for the week-end. Mrs. F, O. Maron is moving to Whitby where she will take up There was no single | house with her son Ted, who is manager of the Dominion Store at that place. x Miss Gwen Williams in company with Madame Dusseau, leaves on Tuesday for points in Nova Scotia; where they will give a series of) concerts. . As proof that Bowmanville eiti- zens are still interested in good band music, the Opera House was filled to capacity on Sunday eve- ning by an audience who came to hear the Oshawa Citizens' Band. They rendered a fine program which was thoroughly enjoyed. A vocal solo was also given by Mrs. Colville. BENNETT SPEAKS ~ IN VICTORIA, B.C. Victoria, Dec. 4.--The entrance into the campaign of Hon. R. B. Bennett, leader of the Conservative party in Canada, and of Premier S. F. Tolmie, of British Columbia, for the Conservatives, and Hon. Charles Stewart, Federal Minister of the Interior, for the Liberals, will mark the closing days of the Federal by-wlection campaign in Victoria, which will end with the polling on Thursday, December 6. Hon. Mr. Benneit arrived in Vancouver last evening, and after conference with party leaders _ came to Victoria today. He will speak on behalf of D. B. Plunk-, ett, the Conservative nominee, to- night. : Quiet Campaign Hon. S. F. Tolmie, whose re=« signation to take over the Provin-_ cial premiership caused the by- election, will be on the platform: with Mr. Bennett, and will make his first speech in the campalgn. Hon. Charles Stewart will speak in support of Hon. Dr. J. D. Mac- lean, the Liberal candidate. on Wednesday evening. He will be the fourth Federal minister to° take part in the campaign. y PinK Capsules Jor Indigestion Dressing Table, Chiffonier, on this Suite, $229,00 for IH 4 AAA §-pce. Gibbard Solid falnut Bedroom Suite A real opportunity to purchase a Gibbard's solid walnut Bedroom Suite at a savings that will be appreciated consisting of large size Dresser, full size Bed and Bench, If you act quickly you can save $40.00 One only at this price, Reg. are CHESTERFIELD SUITE 2 only Chestereld Suites to clear at this remarkable low price. They upholstered in Mohair with spring filled reversible cushions cov- ered in Noquette of pleasing colors and designs, $129.50 9-pce. Walnut Dining Room Suite : Here is your chance to buy a High Class 9 Piece Walnut Dining Room Suite at an exceptional price. We require the space for Christmas goods, hence the low price. Comprising Buffet, China Cabinet, Extension Table and set 6 Diners. Reg. $198, for $159.50 Reg. $149, for ¢ Fw Ask about our . Easy Payment Plan ! 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