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[A 2 PAGE EIGHT THE DAILY TI MES-GAZETTE THURSDAY, DECEMBER 18, 1947 Canning Partners Freed Of Charges Of Evading Taxes Fpicton, Ont, Nov. 18. -- (CP) -- loward Leavens and H. S. Colliver, olnt owners of the Cherry Valley anners, have been acquitted of nspiracy to defraud the federal vernment of income tax on ap- roximately $50,000 over a period of Dearly six years. However, Colliver was required to t a $5,000 bond for appearance court in January on three charg- ¢es of evasion of personal income % fax. : The crown charged that for five years Ieavens and Collins made false statements on sales tax and i three years filed false income returns and diverted cheques to their personal use, » Defence Counsel R. E. Nourse of Picton claimed taxes had been paid in full. He said the accused men Bad not kept proper books but that was merely their old-fashioned way" of carrying on business. Tracks Removed (Continued from Page 1) properly or adequately repair the said road "And whereas the present condi- tion of the said road is a menace to traffic and a great detriment to all the citizens of Oshawa and others required to use 'the said road "And whereas the C.N.R. is em- powered under the terms of its sid- ing agreement .to terminate its service to its customers at any time without any lability attaching to the said railway "And whereas the operation of the railway over the said street has resulted in a complete disruption of traffic and has created an ex- ceedingly dangerous hazard to per- sons normally using the said street, and is a distinct nuisance to places of business abutting on the said street "And whereas the Public Utilities Commission of the City of Oshawa has recently spent many thousands of dollars so that the electric wires are now underground so that un- sightly poles could be removed from the main streets "And whereas such expenditure would be abortive unless the poles | supporting the trolley wires of the | railway were also removed | "And whereas all the citizens of Oshawa are extremely anxious to be relieved of an unbearable and intolerable condition arising from an agreement negotiated in the horse and buggy days "Be it therefore resolved: "That the O.N.R. forthwith dis- continue its service on King Street in the City of Oshawa and forth= with remove its rails therefrom", Accidents Inevitable Council was in receipt of a letter from the Peacock Insurance Agency drawing attention to the terrible condition of the street, and pointing | to the fact that accidents are in- | evitable. The communication said the city would be subject to actions for damages if steps were not taken | to make repairs and any failure to | heed the warning would he regarded by a court of law as gross negli- gence. Ald. Michael Starr stated that the | city spent over $3,000 this year tear- | Horwic Perfect Answer CURVEX REX 17-jowel Precision wolch -- Have the -- on -, Th A ) od h Credit Jewellers to your Gift Problem Ald, Starr, It was suggested by Ald. Mrs. Bateman that Council erect signs drawing the attention of those ] using the street that they do so at ~ their own risk, Sota Ald Starr recalled that Mr. Walk- THE PRECISION WATCH Hearts beat faster when the gift is a Gruen-Precision watch. Choose from ous tuen CURVEX COLLEGIAN 17-jewel Precision watch ds ) Gruen CURVEX SENTRY 144d. solid gold case $110 42-Piece Service for eight.......... PIRI, Curvex Caprice $55.00 \/ complete stock. His Latest Flamed, LIGHTER Dramatic Men's BIRTHSTONE RINGS 10-kt. Gold Settings' $10.00 up Veri-Thin Dainty $39.75 "MORNING STAR" SILVERWARE By Community MEN'E ing out the road surface around the rails. and packing it three times. Last year $7,500 was spent on the street. He estimated it would cost $10,000 a year to keep the street in good shape. . "Are we going to subsidize the railway for the benefit of three businessmen"? he asked. He claimed if the holes are filled with cinders they would be knocked out in two hours. Council declined to act on his suggestion that the Oshawa Railway do the job of making re- and the city pay for it, "The City Engineer and I had an appointment with Mr. Cross, chair- man of the Board of Transport Commissioners, while we w in Ottawa. He assured us -that While the Board had the authority to re- fuse permission for the laying of tracks, it had no authority to order tracks taken up. He offered several suggestions which I do not wish to discloge but I can tell you they are already under way," Mayor Mec- Callum informed his Council. "I had lunch today with tiyee C.N.R. officials. They were sym- pathetic but being employees it is doubtful if they can do much for us." "All Smiles, Nothing Done" "It has been that way for a long time--all smiles and nothing done," commented Ald. 'Michael Starr. It was pointed out by Ald. R. D. Humphreys that in all its contracts the railway had the right to cancel service to its customers without any recourse on their part. "We saw the top man in Toronto," added Mayor McCallum. "Yes, and got the run-around," Ald. Humphreys said. "We have been very patient. The Council has been given nothing but promises year after year," added er, former official supervising the Oshawa Railway, had expressed willingness to take up the rails if the City would arrange other loca- tions with the fuel dealers, Two of the dealers, it was stated, were ready to move and did not want any' special concessions. It was suggested by Ald. E. Cay that the railway be given so long to put in new trackage with heavier steel and a new roadbed. "When the poles come down in the spring, they will be blocked from anchoring their wires to buildings for a whole block. I would wait until spring," asserted Ald. A. G. Davis. "We don't want to wait until spring. Sure, the railway wants to move its" tracks but it gets a lot of business from one of the dealers," interjected the Mayor. Perpetual Franchise When Ald. Bateman questioned the validity of the contract between the city and the railway which came into force in 1894, City Clerk F. E. Hare said that the railway had been granted a perpetual franchise. It was recalled by Ald. Humphreys that earlier in the year he had moved for the expropriation of the coal yards. He felt, as the price would be fixed by arbitration, the city would be money in pocket. "We have other holds on the company such as the use of the main intersection as a bus terminal. In Windsor, the bus company has its own terminal on a side street," commented His Worship. Balsam and Mount Zion MRS. LORNE JONES Correspondent Balsam and Mount Zion, Dec.: 17--Mr. and Mrs. George Wilson spent the week-end with Mrs. Ella Rogers, of Brooklin. A number of Mount Zion friends called on Mr, and Mrs. David Burley, of Brooklin, who are re- cent newlyweds, and presented them with a coffee table. Every. one enjoyed a pleasant evening, after which lunch was served. David spent a lengthy period working at Mount Zion. Mr, Lewis Jones and Erla were confined to their keds with the measles, Mr, and Mrs, Charlie Day and baby, of Toronto, spent Sunday with his parents, Mr. and Mrs. Richard Day. - Mr, and Mrs, Oscar Shaw call- ed on Mr, and Mrs, W, P. Jones one day last week, Mr, and Mrs. Percy Jones and Sharyn had Sundfy dinner with her parents, Mr. and Mrs. William Clark, of Greenwood, Come to the Mount Zion party at the church on Saturday night, Dec, 20. The children are giving the program, after which cookies, tarts, sandwiches and cake will be served to everyone. We hope Santa will get there, although Santa is a very busy man, so bring the kiddies. | . . Finds Connivance Judge Dismisses Divorce Action Finding iegal connivance as well as condon:tion off the part of the plaintiff, Mr. Justice G. A. Gale yesterday dismissed an ac- tion for divorce brought by Al- fred Rozell against his wife, Bertha Mae Rozell, and Joseph Spencer of Oshawa, Judgment was given following a motion for dismissal by A, W. S. Green, KG, counsel for the de- fendants His Lordship said he regretted the conclusion but he was bound by the authorities and hy was also inclined to think that the common good was not all on the side of the plaintiff, It the Bench were to approve conduct of the character indulged in by the plaintiff before leaving his wife, there was "no telling what might happen to our ordin- ary social and mora] standards." His Lordship awarded no costs to the defendants, remarking that "whatever fault rests with the plaintiff, it cannot by any stretch of the imagination amount to the depredations of the defendants." In the action, the plaintiff, who had been working in Kings- ton since his discharge from the armed forces last spring, alleged three instances of misconduct on the part of the plaintiffs at the Rozell home in Oshawa, Evidence was that Spencer had become a more and more frequent visitor at the home over a period of nearly five years, the plaintiff being in the armed forces during a considerable portion of this time, Reviewing the course of ev- ents in the Rozell house as des- cribed in evidence, JuStice Gale pointed out that despite the plaintiff's-knowledge of what was taking place he did nothing about it until August of this year. Quoting authorities, he des- cribed Rozell as a person who ac- quiesced in adultery between the defendants by wilfully abstain- ing from taking any steps to pre- vent that which, from what pass- ed before his eyes, he might rea- sonably expect to occur, J. R, MacBrien, counel for the plaintiff, had argued that Rozell failed to take the steps open to him because of fear of his wife. His Lordship found, however, that the evidence did mot estab lish such a "sense of fear or lack of power." Referring to Mr. MacBrien's contention that there must ben an intention tha. the defendants commit adultery before conmi- vance can be established, he said he was satisfied that no such in- tention need he proved. There are less than 34,000 whites in the Belgian Congo. TUG REPORTED SAFE Victoria, Dec.. 18--(CP)--On a history-making voyage, the big deep sea tug Snohomish, bound from Seattle to Buenos Aires, limeped in- to the little Brazilian Port of Sao Luiz Maranhoa yesterday after be- ing aground for some hours on rocky San Marcos Island. The tug suffered some damage, but the Bri- tish Columbian crew of 19 men from Vancouver and Victoria es- caped injury( it has reported to the owners here. PORT HAS IG SEASON Owen Sound, Dec. 18--(CP)-- Approximately 13,800,000 bushels of grain have arrived in Owen Sound port since the navigation season opened last spring; N. E. Heels, manager of Great Lakes Elevator here said yesterday. The season here was described as "one of the best" with this year's amount ex- ceeding 1946 shipments 'by 600,000 bushels. SPAR SUDA ADR RATHER SRI SRR 10 Please a UIT Io) 259' YARDLEY of Lond -- AR SF Evening in Paris Ladies' Beautiful Padded Satin Gift Sets Containing: Perfume Soap Toilet Water Glass Talcum Face Powder 9 SIMCOE AT ST. NORTH" Below are only a very few of the hundreds. and hundreds of Christ- mas gift suggestions now on display at Mitchell's Drug Store. Whatever your need may be in our line, you're almost sure to get it here! Remember--You've only 5 more shopping days until Xmas. So you'd better hurry! Ladies' GIFT SET Bath Salts, Face Powd- er, Talcum, Foundation Cream and Yardley Old English Lavender. Manicure Sets Contains the essentials for a complete mani- cure, in a fashionable carrying $2.95 case Others $1.00 up Everyone will love to re- ceive one gof these lovely cameras for Xmas. Our 8 stock includes many well- known makes, If he or she is an ardent photographer what better gift could you give. We have practically all photo accessories too! See on & PTE WRIT MITCHELL'S hy DRUG 'STORE PHONE 48 Tales. LIFE-LIKE 3 DIMENSIONAL VIEW MASTERS Beautiful Color Scenes and Fairy EACH CHRISTMAS SPECIAL PURER RRR RRR QIU KU QUE RRR RR RRL BU RE FUR HE RRR RU RE REN sD 75 50c Per Scene COLGATE & PALMOLIVE GIFT SETS FOR MEN 1.00 - 1.50 - 1.75 YARDLEY A gift to make a man happy for months to come. 1.55 to 4.40 See our Grand Selection of SMOKER'S NEEDS Pipes » Tobaccos e Cigarettes, Etc. ELECTRIC RAZORS We Have in' Stock All the Nationally Advertised Makes Such as REMINGTON e PACKARD e SCHICK, ETC. Glad to hear Mrs. Andrew Hunter is home from the hos- pital and is gaining strength, Sorry to hear Janet Jones, daughter of Mr. and Mrs. Ralph Jones, had the misfortune to fall and fracture her collarbone on Friday last, British Miners Producing More London, Dec. 18. -- (Reuteers) -- British miners last week produced 4,356,200 tons of salable coal. This is the highest total since early Aug- ust, 1940. The year's total so far is 189,- 500,000 tons, with three weeks 'to go to the week ending Jan. 4, only 10,500,000 tons are needed to reach the years target of 200,000,000 tons. It was the seventh week in suc- cession 'that the miners output has exceeded 4,000,000 tons. Betweeri Nov. 20 and Dec. 6 the . colliery labor force increased by 1,- ; 300. EXQUISITE Dinnerware Sets Mother will be thrilled to re- ceive one of these completely modern and lovely Dinnerware Sets. Various patterns and Designs to choose from! CANADA DRY PALE GINGER ALE Finer Refreshment Anytime TRAVELLING SETS Comprising comb and brush in leather case. Very handy! Only $6.95 uw Limited Supply of Christmas Candies! REURERQURRR QR RR ERT IRE ROURKE RE RRR RR ERR MITCHELL'S DRUG STORE 9 Simcoe N. Phone 48 CREDIT TERMS CREDIT TERMS GREDIT JEWELLERS 24 Simcoe St. N. Phone 397 OPEN EVERY NIGHT 'TIL 9 O'CLOCK 'TIL CHRISTMAS BILLFOLDS OF SMARTNESS AND QUALITY WORLD'S LARGEST The fresh water area of Canada is estimated at-228,070 square miles, larger than any similar area in the world, Others in Sheepskin, Moroclo, with or without zippers.. 2 75 and up ARR REA : duet