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PAGE FOUR "HE DAILY TIMES-GAZETTE ~fURSDAY, SEPTEMBER 13, 1951 1). H. ORMISTON Editor and Manager PHONE 703 WH ITBY A ND DISTRICT NEWS ROBT. CORBETT News Editor PHONE 703 Fails To i "It is a monstrous thing to have no right to appeal -8gainst the decision of a magistrate, even if it is only a .dog's life at stake," said Arthur Greer, K.C., counsel for Jack :Hooey of Ajax and Whitby who sought to appeal the order of Magistrate Ebbs that his German Shepherd dog "Captain" -'be destroyed. It bit young Philip Gibson of Ajax in August 1950. Yesterday in County Court, Judge F. J. MacRae ruled - that "there is no jurisdiction in this court to hear an appeal "under the Vicious Dogs Act." For 390 days "Captain" has been in the Oshawa dog "pound, awaiting disposal of an appeal. Cost of hig board: $195. No one is certain what will happen to Captain now. At the outset of the hearing yes- terday Crown Attorney Alex Hall, K.C.,, addressed the court to say that the information was laid under "the Vicious Dogs Act which does not actually charge a person with . an offence, but calls upon him to show cause why the animal should not be destroyed. Mr. Hall: "This is not properly an appeal at all because there hever was a conviction. Just an _ order was made. It is incumbent upon Hooey to show how. this action comes before your Honor today." Mr. Greer: "If we have no right to appeal . . . it is a monstrous "thing even if it is a dog's life at stake." Mr. Hall: "Whether there is "iniquity or inequity in the situa- tion has nothing to do with this court. That is for the legislature to decide. In this case there was no conviction." Mr. Hall refered to law books to show there must be a condition precedent in order to appeal. That is, there must have been a con- viction of a person, or an order for payment of money, or the dis- missal by the court of some in- formation or complaint, Mr. Hall said then that no plea had been taken when this case came before the magistrate but he was check- ed by Mr. Greer who read from the transcript of the hearing show- 4ng that Hooey was charged and he quoted Mr. Hall who then had said: "I presume it is a plea of not guilty." .Mr. Greer then showed a cer- tificate of conviction, signed by the fhagistrate. ; *Judge MacRae: "What then is this paper signed by the magistrate, if not a conviction." Mr. Hall: "I don't know and I except as it would Honor's curiosity. : "How can any magis- te .make an order for the des- tion of a dog unless it is an er against the person in whom custody of the dog lies." enying that any right of appeal ted, Judge MacRae said: "My wers are strictly statutory. This a matter under the Vicious Dogs t and the order has been made the magistrate. The wording of e Act is quite clear. There is no rdisdiction in this court to hear Announcements CATHOLIC WOMEN'S LEAGUE Rummage Sale at St. Bernard's School Auditorium, Saturday, Sep- tember 22, starting at 1:30 p.m. (Sel3) T. C. MYGLAND «First class painting and decorating. \nterior finishes. o ialty Phone 488 Dundas St. & © WHITBY y Chas. Bradley & Son Decorating Contractors For Efficient Service Call Scarboro 7125 Whitby 559 an appeal under this Act." At the time of the incident, young Phillip Gibson was badly mauled and had to be hospitalized after many bites from the dog. Whitby Classified FOR FOR SALE--BOILING FOWL, 2, dbe- 1b. dressed. 900 King St. Phone 2835. (Sel3) FOR SALE--BOXES FOR MOVING. 24 lined crate boxes for moving, 14 by 18 by 24 inches. 40 cents each. Four chests of wood, well made, $1.50 each. Walnut upholstered sofa, $20. Call Whitby 2998. (Selb) FOR SALE--PEARS 49c PER BAS- ket. Write or leave phone number at P. O, Box 558, Whitby. (S13) WANTED TO RENT -- YOUNG business couple need 3 unfurnished rooms by October 1st. Abstainers. Write Box 508, Times-Gazette, Whit- by. (Sel3) FOR SALE--NO. 1 ST. LAWRENCE and Wealthy apples. Bring contain- ers. Black's Orchard, 919 Athol St., Whitby. (Sel) LOT FOR SALE---GOOD CHOICE building lot. Apply C. Stephenson, 1020 King Street. Phone 649. (Sel3) ROOFING, II INSUL-BRIC "SIDING, installed. ~ Rock wool insulation blown; eavestroughs installed, chim- neys repaired. Fair prices, "terms, free estimates. Phone 2563, Whitby. (t.f.) WANTED TO RENT -- 4-ROOMED apartment with garage preferred, for couple, in Whitby or Oshawa district. Phone Toronto Highland 4768, morn- ings or evenings. (Sel8) FOR ¢ SALE--PLUMS, 2 2 BASKETS for $1. Phone 423. (Sel4y FOR 1 RENT--LARGE, C COMFORT- able housekeeping room. Suitable for couple or 2 business girls, good loca- tion. 305 Perry § Street. (Se13) "NOTICE TO "CREDITORS AND OTHERS In the Estate of JAMES NORTHRIDGE BODDY All persons having claims against the Estate of James Northridge Bod- dy, late of the Township of Picker- ing, in the County of Ontario, retired civil servant, who died on or about the 10th day of March, 1951, are here- by notified 'to send particulars of same to the undersigned Executor on or before the 30th day of Sep- tember, 1951, after which date the estate will be distributed with regard only to the claims of which the un- signed shall then have notice and the undersigned will not be liable to any person of whose claim they shall not then have notice. Dated at Whitby this 20th day of August, 1951. Duncan Brodie McIntyre, Barrister & Solicitor, Whitby, Ont. Executor, (Sel3) NOTICE TO CREDITORS AND OTHERS In the Estate of WILLIAM HENRY WILKINSON, Retired Brass Polish- er, deceased. All persons having claims against the estate of the above-named de- ceased, late of the Town of Whitby in the County of Ontario, who died on or about 10th dap of June, 1951, are hereby notified to send to the undersigned Executors on or before the 15th day of October, 1951, their names and full particulars of their claims. Immediately after the said day the estate will be glistributed having regard only to the claims of which notice has been deceived. Dated the 28th day of August, 1951, NEAL WILKINSON, 99 Carlton Street, St. Catharines, Ontario, and ROBERT E. NICHOLSON, Whitby, Ontario, by their Solicitor, David J. Cuddy, K.C.,, 111 Dundas Street West, 'Whitby, Ontario. (Se13) BROC THE DEATHLESS STORY OF A FEUD TO THE DEATH! Playing THURSDAY - FRIDAY - SATURDAY "Evening Shows, 7-9 P.M. -- Saturday Matinee, 1.30 P.M. Seren Play by Jose Loos, I. and, chard Schaper Produced ty Also CARTOON - SPORT - NOVELTY Plus "SONS OF THE PLAINS" WHITBY PHONE 618 Poe SMALL + owectme ty PHL aR SOR r] Whitby Day By Day Accounts of social oveants, any news Homs of local interest amd of v are PHONE 703 Mr .and Mrs. Wemtword Law of Windsor celebrated their 50th wedding anniversary, at the home of Mr. and Mrs." W. L. Hess, 210 Kent Street. Other guests included Mr. and Mrs. Upton and sons, Lyle and Norman of Royal Oak, Michi gan. -r ; SLOW UP LAND SALES The County Council yesterday adopted a report of the special committee on sub-dividing the county home property, recommend- ing that the land between the old county home and Walnut Street be net sold en. bloc at the present time, and that no land be sold off the west farm in two acre plots at the present time. VAGS SENT HOME Three vagrants from Montreal whom Constable Bruce Killens took into custody in Whitby last week, were released yesterday on suspended sentence on the promise that they will allow the Salvation Army to assist them to get back home as soon as possible, They are Leon Baird, Florian Grenon and Marcel Desnoyes. LIME BEING USED Considerable quantities of chlor- ide of lime are now being used at the sewage treatment plant to keep down odor during the hot weather and the canning season. A careful check last evening re- vealed that while some odor was coming from the plant area, there was no objectionable odor what- soever coming from the marsh, ex- cept that caused by the municipal dump. That is, hydrogen sulphide gas was absent. TRUCK RECOVERED A light delivery truck owned by Canada Bread, Oshawa, was recov- ered yesterday by Whitby Police. It was parked on Byron Street North, key in it. The truck was not in operation on Wednesday and was not missed by the owners until Thursday morning. WANT T0 ADD RELIGION TO CURRICHI A Co hve Ld a Victoria, B.C. (CP) (CP) -- Religious education in the public schools--not merely the reading of excerpts from the Bible--is a paramount need today, says the Executive Council of the Church of England in Canada. But the council declares provincial governments have used 'delaying tactics" in introducing religiop in the schools. The council, along with the gen- eral board of religious education and. the council for social services is in session here discussing the various problems of the Church. The Ontario Government was one of the provincial administrations charged with "blocking tactics." It had failed to implement the recom- mendations made by a Royal Com- mission on Education. But some members of the Council maintained the Church itself was at fault. Scugog Island Weekly News MRS. D. HOPE Correspondent Scugog Island--Communion ser- vice was held in Grace Church on Sunday morning, when two young ladies joined the membership roll. Mr. and Mrs. Donald Crozier left on Monday morning for a mo- tor trip with friends to Cape Cod in US.A. All wish them a pleasant holiday. Mr. and Mrs, Robert Prentice visited her brother, Mr. and Mrs. Munroe at Epsom on Sunday. Mrs. David Hope and her daugh- ter, Mrs. H. Long, of Prince Albert, accompanied her niece, Md. and Mrs. Joe Dowson to Toronto on Wednesday to bring Miss Shirley Hope home for a few weeks. Shir- ley has been at the Blue Mountain Camp at Collingwood camp for the past three weeks. + Mr, and Mrs. Tom" Slute and Linda and Jackie Clark visited his parents, Mr. and Mrs, Slute at Rag- lan on Sunday. Miss Phyllis Tetlow of Toronto, spent the week-end with her par- ents, Mr. and Mrs. Robert Tetlow. Mr. ahd Mrs, Douglas Aldred vis- ited her sister, Mrs. and Mr. Ralph Milner at Brooklin on Sunday. Mr. Donald Long of Prince Albert, spent the week-end with his grand- mother, Mrs. David Hope. A good road is being built to the Aldred farms and the new Resort which is being built on the lake shore of their farms east of the Townshop Hall at the centre of the Island. The Communion will be held on Sunday afternoon at 3 p.m. in the Foot School for the Reserve con- gregation. Wednesday afternoon. is the teacher's convention. So another half holiday, children. Mr. and Mrs, Tom Manns visit- ed 'her parents, Mr. and Mrs. Gor- don Hope at Greenbank on Mon- day. London (CP)--Derek Wright, 17, was so 'enthusiastic about Totorcy= cles that his father kanoht tio. oo Two-year-old Windsor boy, Duane Pickle, right, was rescued by the combined efforts of his father, Marle Pickle, and eleven-year-old brother, Neil. 'Child fell off a dock at Leamington, Ont., in after him. Both were saved by lifebelt thrown to them by Neil. Another child was rescued from drowning by Bill Chesney, 23-year-old wheelsman aboard a tanker at Cornwall, Ont. He dived into the canal to save three-year-old Pierette Nadon, seen here with mother, Mrs. N, Nadon, Child had slipped off steps into water. and his father plunged --<Central Press Canadian, Because the Whitby Public Utifity Commission . has been seeking means whereby it may be able to obtain from the Ontario Ladies' College some revenue in respect to sewer service, the Commission re- cently wrote a letter to the Deputy- Provincial Secretary, seeking a statement on the "ownership" of the college. The reply stated that the college was first incorporated in 1874 and again incorporated in 1878, though no record of the dissolution of the first company appears to be on file. The Deputy-Provincial Secretary appeared to be under the impression that the PUC had some connection with the college, for his "etter went on to say that he has found that annual corporation re- turns have not been filed to the government since 1878. However, he would be willing to forego the fillings for the past 73 years, pro- viding the requirement is complied with for the current year. Filing fee is $5 and "forms enclosed". "Let's be careful or first thing we know we will be buying the college," quipped Chairman John Strathy. The commission gleaned little knowledge from the letter and are returning the eorporation forms from whence they came. A representative of a firm of in- surance 'adjusters addressed the Commission Tuesday night, about a claim from D. Ferris, Brock Street North, who has claimed ap- proximately $100 for damages to his cellar and materials therein when sewer water backed up and sewage material from the canning factory came into his cellar, This is a complaint of long standing from Mr, Ferris and one or two other residen%s in the same area. The insurance company present ed the commission with a number of technicalities which, they said, were delaying settlement of the claim. Chiefly; they could not see al- | Information Sought On Ownership of OLC that there was any negligence on the part of the town. At the same time, they declared that they rec- ognized the claim and had also ob- tained a "release" from Mr. Fer- ris. When Chairman Strathy sug- gested that perhaps the company would like to make a test case of the claim, the adjuster thought not. His main point in coming, he said, was to establish negligence in this particular case, so that a pre- cedent would not be set for a series of other similar claims. Finally, Mr. and Mrs. Ferris were assured by the Commission that in all probability payment would soon be made by the insurance company and they should wait a little longer. Meanwhile the trouble Ya be at- y: a ec} 'e valve The Commission approved in- stallation. of :an electric extension on Anderson Street to serve lot 28 in the Uriah Jones subdivision. After a great deal of soul-search- ing and heavy scrutiny of the meagre finances of the water de- partment, the Commission also ap- proved installation of a water main to benefit the Jones sub-division. The extension is a six-inch main on Anderson Street from Allin Street to Johnston Avenue. Mr. Jones will pay for water extensions to lots on his own land. At the same time, the Commission re- solved that under no circumstances would it make any further water extension on Anderson Street until such time that at least 20 houses are serviced on lots fronting on Crawford Street, Johnston, Allin and the east side of Anderson Street. The approved extension will be made this fall "if time permits". This is because the PUC workmen are very busy on other projects. In approving the water exten- sion, the Commissioners agreed that it is bad publicity 8 have to re- fuse service to the houses in new sub-divisions, By CLIFF GORDON Whitby Stokérs last night played one of the poorest ball games we have seen in some time as they fell before Brougham 14-7. The Stokers who either underestimated the Brougham team or were just awful appeared to be careless as they booted no less than 10 errors and then there was three more that yours truly and our official scorer Ross Spencer didn't tab against them, as we were afraid that its number might reach 20. Brown started on the local mound and went five innings. He was tabbed for five hits and 7 runs as his mates booted in lo less than 4 errors in this space. Brown fanned the last two men to face him in the fifth and appeared to be really hitting his stride when he was pulled in favour of Mayne. Mayne gave up four hits and the Brougham team scored seven times as the Stokers were really booting the ball around. Scott and Gibson hit four bag- gers in a losing cause, while Haines hit a circuit clout for the victors. Brougham managed one run at least, in every inning except the fifth and seventh. The series is now tied "ht one game each, the third and final game will possibly be played some. time next week. The Stokers will have to pull up the shoe laces and do a bit of excercis- ing if they expect to beat Miller and his crew. The Stokers came to bat first in ine Alrst ning as it - was am"s ho aime; 1h Stokers Trounced 14-7 By Brougham, Series Tied One Game Each error, a walk and a single gave the Brougham team a single run in their half of the first, The Stokers seeing that Brougham was out for blood bounced righf back with three runs as Scott hit a four-bagger with two mates aboard. One little hit and a walk combined with three Whitby errors gave the winners an- other three runs. In the third it was three up and as many down for the Stokers as they had lost their sting. Two walks and two hits gave the Brougham lads the lead for the first time in their half of the third. The Stokers again went hitless 'in the fourth frame. Haines first man up, smacked a homer for the visit- ors to give them a two run lead. The next three men went down in order. In the fifth with one out Gibson caught hold of one of Mill- er's curves and planked it well out into the field and he rounded the paths on this blow. The fifth inning was the only inning that Brougham failed to get a man on base as Brown was coming into his own. Three men up and three down'was the story for the Stokers in the sixth as Miller was working hard to protect that two run lead. Mayne came in to pitth in the 6th and was tagged for a pair of hits hut two errors helped the winners score no less than four runs. The Stok- ers managed to load the bases in the seventh but nobody could bring the ducks home. Brougham failed to get a Jun in the 7th thanks to The. Stokers for his birthday. He likes the ma- | érs managed to get five hits along | went Town order in the 8th. chine so much that he sleeps with [with a pair of Brougham errors, | Brougham however were not con- | but eould only. score two runs. An [tented to sit still and they piled up it in the garage. Near-Drownings Averted By Quick Action Will Not Tolerate Vicicus Dogs "This court will not tolerate any- one keeping a vicious dog, es- pecially in a district so close to a school," Magistrate F. S. Ebbs yes- terday told Mrs. Beryl MacBride of Dunbarton who is accused of keep- ing purebred collies which have on several occasions, bitten per- sons. His Worship made it clear to Mrs. MacBride that if the dog is allowed to live, it must be sent to some other locality for safe keeping. "But we need a dog for protec- tion," Mrs. MacBride pleaded. The case was adjourned for four weeks to give Mrs, MacBride oppor- tunity to make arrangements to dispose of one or two of her pets. She admitted under questioning by Chief Constable L. W. Trinnell, that she has no kennel licence, nor any licence for any of her three dogs. Describing her passion for dogs, the accused woman said that her family has been dog breeders for two generations and that she is a former official of the Collie and 'Sheep Dog Association, Specifically, Mrs, MacBride was charged that on the 23rd day of August, one of her dogs bit eight- year-old Joan Mitchell and the ac- cused woman was called upon by the charge to show why her dog should not be destroyed. First witness was Mrs. M. Mit- chell of Dunbarton, mother of the child. "Joan was - pushing a wagon alcng the road when two of Mrs. MacBride's boys came along with her dogs on a leash. The dog push- ed the girl down, bit her, and tore her jeans and sweater. She had to have medical attention. After the attack, the degs escaped from the boys and ran across the fields." Mrs. Mitchell said there were two dogs on this occasion but she did not know which one bit her daugh- ter. Another neighbour, Mrs. W. Pritie said that she found the girl after she was bitten. Last April, she herself was bitten by one of Mrs, MacBride's dogs. "Three of them made a rush for me. They were all loose at that time," she said. H. H. Pedrick, another neighbour, recounted an incident last January 1 when he was ontside his house talking to a friend. "Three dogs, led by a big black one, seemed to charge down on us, yelping like a pack of wolves," he said. "We were almost sure they were going to bite. My friend said, 'I am going to get out of here'." On the day of the charge in August, Mr. Pedrick was working on his truck when he saw the two MoBride boys going by with two dogs. He said that one of the lads said: "You'd better take them back because they might bite somebody." Mr. Pedrick added: "I have a baby a year old. I want to be sure it isn't exposed to these dogs. And there are 250 school children a day walking the roads in that vicinity." On the witness stand, Mrs. Mac- Bride said: "My children tell me that the Mitchell girl was kicking stones at the dog. She aggravated it. The boys had my permission to take the dogs with them on a leash on that occasion." Chief of Police Trinnell: you a kennel licence?" "No." "Have Question: "Has there not been some controversy over these dogs before?" "No." Question: "Is this dog the same dog about which you came to my office last April when it bit some- body?" "I don't know for sure." Mrs. McBride blamed neighbour- ly spite and vengeance for the en- tire situation. Magistrate Ebbs: 'What do you want to keep so many dogs for?" Answer: "I "love dogs." The Bench: "Well, this biting of children is not going to be toler- ated." Answer: "My black dog doesn't bite anyone." three more runs off a pair of hits and as many errors, The Stokers got a pair. of men on with one out in the ninth but they failed to hit a scoring stride as Miller had them handcuffed. 'Brougham who had this as' their home game didn't need their bat in the ninth as they had things well under control, The Stokers had to put Ross be- hind the plate in the fifth as Mc- Ewen aggravated a thumb "injury. Jordan was crashed heavily at third in the seventh and had to be relieved by Phillips. o> Don't forget the game here Sat- urday night when the Stokers will play host to Parham in tha second game "of the best in three series. The Stokers have to win or else. So come. on---fellows let's--get playing | ball and never mind the errors. Children's Shelter System Working Well Is Committee Finding Several months after Oshawa City Council closed out discussions on the advisability of retaining the Children's Shelter, Ontario County, also a party to a special investiga- tion on this mater, received a report and has dropped the subject. W. H. Westney, chairman of the special committee, made the following comprehensive report urging retention of the present system of looking after wards of the Children's Aid Society. "In November, 1950, the Council® of the City of Oshawa appointed a Special Committee to investigate the operation of the Children's Shelter located in the City of Osh- awa and requested the Council of the County of Ontario to appoint a similar Committee. At its Janu- ary" Session the Council of the County of Ontario agreed to ap- point a similar Committee and named Reve Wm. H. Westney, Dep- uty-Reéve K. A, Lee and Clerk- Treasurer Wm, G. Manning to said Committee. The Oshawa Commit- tee was cornprised of Aldermen Mrs. Evelyn Bateman, Herbert Robin- son and John Naylor. The two committees met and appointed Wm. H. Westnney and Wm. G. Manning as Chairman and Secretary, re- spectively. The Committees held five joint meetings. We interview- ed representatives from the Chil= dren's Aid Society of the City of Oshawa and the County of Ontario, obtained | statistical information from the {Children's Aid Society of the City fand County of Peterbor- ough and ythe Children's Aid So- ciety of the City of St. Catharines and the Clunty of Lincoln. Also the committices made a personal County of Pet&rhorough. Committee decided to Submit separate report to its own Couneil on the question under investiga- tion. "The question under review was the advisability of disposing of the present Children's Shelter owned jointly by the City of Oshawa and the County of Ontario' and sub- stituting in its stead several Re- ceiving Homes, We shall summar- ize briefly the relationship between the Children's Aid Society and the City and County. BACKGROUND "The Children's Aid Society of the City of Oshawa and the County of Ontario is a body corporate and politic incorporated under the pro- visions of the Children's Protection Act. Many years ago, the Children's Aid Society of the City of Oshawa and the County of Ontario acquir- ed certain lands on the West side of Centre Street in the City of Osh- awa and erected thereon a build- ing to be used as a Children's Shel- ter for the City of Oshawa -and the County of Ontario. Private financ- es were provided by persons inter- ested in the welfare of neglected children for the erection of a very modern and substantial building on said lands. The present Children's Shelter is a modern fire-proof building serving this district as| a receiving home, observation 8entre CHILDREN'S SHELTER (Continuea on Page 5) Appeals Heard By Judge Several appeals presented before Judge F. J. MacRae were heard in county court yesterday. Mrs. Roland Thibert, 20, Picker ing Township, will have to serve the sentence of two months ime posed by Magistrate F. S. Ebbs on a charge of selling liquor. The mother of three children had al- ready served three weeks in jail before the appeal was filed. Judge MacRae said he would up- hold a conviction registered against Gordon Burnett, Oshawa, charged with drunk driving. However, His Honor bowed to a request of de- fence council A. W. S. Greer, K.C. to reserve judgement until written judgment is prepared. Mr. Greer indicated he would appeal. Ihe defence was based on the William- son case, where a vehicle immobiliz- ed in a snowbank is not considered a motor vehicle within the mean- ing of the act and the driver there- ig cannot be convicted of driving while«intoxicated. Crown Attomsey Alex Hall sought to show that no attempt had heen made to drive the car.gut of the snow bank at the Thorntens Corners road and if such had been done, the car might have been driven away. Conviction of James Lennon, 35, of Brooklin, Whitby and Oshawa, was quashed. Lennon was charged with drunk driving in the Town of Whitby. Whitby constables Crozier and Gaston gave evidence on alleged offence of July 30, 1950. There was evidence that full op- portunity had not been given for the accused man to obtain a blood test. When one doctor was not available, Congtable Crozier did not call another because he thought Lennon was indifferent to whether or not he had a blood test. Wit nesses said that Lennon had con- sumed two pints of beer only be- fore being spotted in his car by the police. WHITBY ELECTRIC Earl "Jake" Bryant . WATER HEATERS + FARMS INSTALLATIONS - FIXTURES Phone 650 Whitby d E™ the most spirited cae on the road is more fun to drive when you can be proud of its appearance. That's why our *Body and Paint Shop" will interest you. Drive in some- * time and see the like-new jobs we turn out. Then let us make an estimate for those little items you'd secretly like to have fixed up. You know, torn or stained upholstery--cracked glass-- 3 dented hubcap--scraped fender, bent - bumper-guard, and so on. Our experts are real body-artists, from washing and polishing right through matching the factory-new colors of your car. Drive in scfne morn- ing soon, and have a talk with them! DONALD MOTOR SALES Service Department Phone 304 Whitby he