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2 THE OSHAWA TIMES, Thursday, April 5, 1962 GOOD EVENING By JACK GEARIN BIG DRAMA OF THE TRACKS UNFOLDS Lhe big 'showdown' performance in the City's age-old fight to get rid of the King street CNR tracks was quite a drama out blunt like and Christine Thomas the right forced and Coal, Building Mayor that came taxpayers were being to "subsidize' (McLaughlin Fuel Bathe and McLellan of the tracks said the three user-firms Stark Oil Co. and Ltd.) by the existence Lander- Supplies Managing - Director Harry Finer of the 105-room Hotel Genosha complained that CNR train crews took keen delight in clanging bells and blowing whistles out- side his hostelry in the early hours to how many heads popped from the bed- room windows ('The New York Rangers will not like- ly return," he said). City Solicitor E. G. Me- Neely presented the City's case with precision and great care for detail as he endeavored to prove that the tracks were a serious hazard, that the City was subjected to a costly road repair bill because of their HARRY FINER existence. City Engineer Fred Crome said that 95 percent of the road "'patch-work" in this area was necessitated by the tracks, that the CNR was using 65-pound rail whereas 85- 100-pound was needed; that only 16 percent of the length of the track had "'flange" rail. He said the pot-holes were caused by the vibration of the trains, that six-inch holes developed in a day and that once every three years the City was forced to do a major repair job on asphalt. were before the Board of Council Chambers. see All of these performances Transport Commissioners in City Mr. McNeely did a most effective job in arranging for the orderly presentation of an enormous amount of pertinent facts, displayed a fine grasp of the complex Railway Act. He also displayed skill in casually getting Dave Lander to admit that he didn't care too much if the tracks were removed as long as he got compensation. All in all, Mr. McNeely had a back-breaking job to do in effectively pre- senting the City's case and all credit should be given to him, A former City alderman who went to Ottawa in 1948 with a delegation to fight for the removal of the King street tracks fought tooth-and-nail Tuesday for the other side -- the three firms that oppose the City's application for their re- moval. He is Russell Humphreys, QC, (representing Mr. Lander). who was especially rough on Douglas Fisher, general man- ager of the Oshawa C of C, with which group Mr. Humphreys is also associated as a director Mr. Humphreys punched a few holes into Mr. Fisher's story that he issued a recent. brochure urging public attend- ance at the hearing as a private citizen, and not as a spokes- man for the Chamber (while the brochure was printed on © of C letterhead), but Mr. Fisher was effective when he 'id how he went to great pains in arranging downtown eraries for visiting dignitaries so they would not see "the pe ag King street tracks. (Several days ago Mr. Hum- phfeys told the board of directors of the Chamber that he was an interested party in the Transport Board hearing, as counsel for Mr. Landers -- then he proceeded to give the directors his legal opinion; when requested to do so, as to what they should do regarding representation at the hearing. He said that, in his opinion, the Chamber should not send representatives to the hearing unless they were "experts"), Mr. Humphreys certainly knows his way around the knotty legal loopholes of the King street tracks (and the Railway Act). He was quick to trip City witnesses on the least technicality (as were his co-counsels for the firms, Gilbert Murdoch and Joseph Mangan, (QC). He: presented Mr. Lander's case in its best possible light and illustrated clearly why he is generally regarded as being one of the more able members of his profession in Ontario County (especially for court work) SPIRIT OF "REASONABLE COMPROMISE" URGENT The City and the three firms using the King street CNR tracks held a last-minute pow-wow last week in an attempt to settle the age-old problem, but like many similar get- togethers it produced no worthwhile results Both sides are mum about the pertinent details of the behind-closed-doors assembly, but the firms were reported ready to settle when the City declined with the explanation that there was nothing in the Ontario Municipal Act that would allow it to pay compensation for such a purpose Was the City wise to adopt such an attitude? Was the situation as hopeless as it presented, or was there a way out of the stalemate. with face-saving for all? This would be about the closest that the two ever came to a settlement in the many years of negotiations. It seems unfortunate that some kind compromise or arrangement was not made to resolve the issue in view of the importance of the case to the future of the downtown; also, because the case could develop into a lengthy and costly © litigation issue, especially if the City decided on expropriation proceed- ings, or even if it went to arbitration. Assuming that the City's reasons for refusing compensa- tion are perfectly valid, the strong feeling persists in many circles that some of our councillors are looking for technical loopholes to avoid payment of any kind. The thought of paying a Staggering compensation sum for the removal of the tracks would be strongly opposed by the great majority of the citizens; but the City must not adopt a rigid, no-compromise attitude at this crucial stage of negotiations, otherwise the tracks will remain long after this generation has passed along Some of our aldermen openly display an indifference that is disturbing when the removal of the tracks is discussed, In answer to this attitude -- it was noticeable Wednes- day at the concluding session of the Board of Transport that only one witness testified on the stand for the three firms (Dave Lander) and he didn't care if the tracks came up so long as he was compensated. On the other hand, several witnesses (representing many hundreds of citizens) took the stand Tuesday to support the City's application for the tracks' removal A spirit of reasonable compromise on both sides is needed now if the tracks are to be removed without delay. Some- times it is advisable to spend $5 to save $50 in the interests of economy HAWK INTERMEDIATE CAGE TEAM NEEDS HELP The Oshawa Hawks, Intermediate "A" basketball club, -- currently playing in the southern Ontario finals -- needs some financial help badly. The team is within three games of their first Intermediate "A" championship and their second title in four years. True, they Are behind in their present series, but if they win by more than 10 points Saturday, they wil! be in the finals against the Soo or Sudbury. Send donations to Fred Whalley, 109 Adelaide avenue, West. FLEMING TURNS TEACHER Finance Minister Fleming | took time out from preparing the budget Wednesday to host | three high school students | from his riding of Toronto- | Eglinton. Here he shows Ron- ald Erdmann (left), Anthony Careless (center) and Hugh Lawford how. Commons de- bates are recorded and filed Date Suggested 'For Market Talk | | LONDON (CP)--Prime Minis-| jter Macmillan has proposed |Sept. 10 as a suitable starting date for a conference of Com- ;monwealth prime ministers to discuss Britain's bid to join the European Common Market, it was learned Wednesday night. It now remains to be seen whether the suggested timings fits the -work-schedule of the other 12 prime ministers In suggesting September the British government is gambli |that by then it will have a clear lidea of the conditions for Brit- ain's entry into the European Economic Community. The September meeting, with {London rather than Ottawa as |proposed venue, would afford premiers an opportunity for a Although Sept. 10 has been suggested, it may take some time to find out if this date suits all the Commonwealth leaders sources said Meanwhile in Wuppertal, West Germany, Alwin Muenchmeyer, president of the West German Industry and Trade Congress, told the Chamber of Commerce there Wednesday that Australia, g New Zealand and Canada were expected to be treated as non- members of the Common Mar- ket once transitional arrange- ments following Britain's entry has expired final statement of views on the! | ~ |price of British entry. The Commonwealth concensus} | will undoubtedly be a major Itactor. Thi is true despite cynics |who suggest that Macmillan has jalready made up his mind to |go in, whatever Commonwealth iministers may say. AUSTRALIA WORRIED Australian Prime Minister |Menzies warned the House of |Representatives in Canberra |Wednesday night t hat Austra- lia's manufacturing and primary industries will be jeopardized if| Britain the six - nation group Menzies was urging that an} jindependent authority be set up in Australia to recommend |short-term tariffs and quantita- tive restrictions where neces- lsary to protect local industry.| Australia and Canada are re- |ported leading Commonwealth }opposition to Britain's entry into the Common Market. They are fearful that Common patel} |membership for Britain will mean the end of preferential tariffs Canadi enbaker has been urging a meet- ing as soon as possible | Defence Fights Acquittal Rule | BROCKVILLE (CP) -- Pete Lyle Davis, 50-year-old railway conductor from Trenton, Wed- nesday was acquitted on grounds lof insanity of a charge of arson in connection with a $500,000 fire that destroyed the Grand Cen tral Hotel here Jan. 10. Magistrate Gordon Jermyn's verdict was disputed by Davis' counsel, Frank G. Foster of Peterborough Under the terms of Magistrate Jermyn's decision, Davis was remanded to the Ontario Hos- pital at the pleasure of the lieu tenat-governor Mr. Foster argued his client's plea had been not guilty of the |crime rather than not guilty be- cause of insanity, and that as of Wednesday. morning he had been certified sane. Mr. Foster said he intends to make an application to the lieu- tenant-governor for an order re- leasing Davis from custody Gounds will be that he has 5been acquitted of the crime and therefore innocent, and has been discharged from the Ontario Hospital here as cured from a temporary alcoholic phychosis Despite the defence's attempt to show there was no. direct} evidence that Davis had set the fire, the magistrate felt that \since it started in his room and that he was the only person |seen coming from the washroom jacross the hal', where a second \fire was in progress, he was sat- isfied the accused had set the fire joins CRAFTSMAN-ACTOR Don Lewis, craftsman, fs making stage jewelry for the Stratford, Ont Shakespeare |Festival and will perform in three plays under his stage name, Gordon Lewis. | TAY MILD IN EASTERN PROVINCES AN Since 1946 Mr. Fleming has sponsored. an all-expense-paid Ottawa tour for the top three public students in Eglinton hich 0! Gamblers' Bail Totals $115,000 TORONTO (CP) Bail to- talling $115,000 was set Wednes- day for two admitted gamblers and a former member of the provincial police gambling squad The three, former constable Robert Wright and gamblers Joseph McDermott and Vincent Feeley, have been jail for two weeks followi conviction on a conspiracy cl 270 Bail was move to appeal the conviction. Each man was sentenced to 18 months d ite and months indefinite for illegally attempting to information from a police officer Wright's bail was $15,000.. Mc Dermott and Feeley each had ther bail set at $50,000. n in get ee an Prime Minister Dief- WEATHER FORECAST Fair And Mild Across Ontario Forecasts issued by the Tor onto weather office at 5 a.m Synopsis: Fair and mild weather is forecast for most of Ontario today and Friday. | Lake St Clair, Lake Erie re- gions, Wi : Variable cloudi ness and mila today. Chance of a few brief showers this after- noon or evening. Sunny with cloudy intervals and continuing mild Friday, winds light. Lake Huron, Lake Ontario, Ni- agara, Haliburton regions, Lon don, Toronto, Hamilton: Sunny with cloudy intervals, continuing mild today and Friday, winds light Georgian Bay, Timagami, Al goma regions, North Bay, Sud bury, Sault Ste. Marie: Gloudy this morning, becoming sunny this afternoon, Mainly sunny and continuing mild Friday. Winds southwest 15 White River, gions: Sunny and Pa cloudy and mild Friday. Wind to 25, Forecast temperature Low tonight High Friday Windsor 35 St. Th.-1as 5 London Kitchener Wingham Hamilton .... St. Catharines Toronto Peterborough . Trenton Killaloe Cochrane | re- mild today,! continuing southwest 15 CONTACT LENS Consultation by Appointment Phone 723-4191 F.R. BLACK O.D. 136 SIMCOE ST. NORTH Muskoka North Bay. Sudbury . Earlton .... Kapuskasi White River 48 Moosonee 25 30 50 50 50 48 Observed temperatures: Low overnight, High Wedne Dawson 2 Victoria .-. Edmonton sday 21 51 50 8 40 49 47 42 46 42 42 45 49 50 54 45 42 43 Fort Wil ; 8.8. Marie White Sudbury Muskoka Windsor ... London Toronto Montreal Halifax CHICAGO FIRE The Chicago fire of 1871 de- stroyed more than 17,400 build- took some 250 lives and caused an estimated _$168,000,- ings, |000 in damage Special Weekly Message To Members Of CHAMBERS FOOD CLU 241 ' In Parkland Protection TORONTO (CP)--The govern- ment has no plans to allow mining activities in Ontario's| provincial parks, Premier Ro-! |barts announced Wednesday. In a formal statement to the legislature, he emphasized the jgovernment -"'contemplates no! changes in the present situation} relating to mining in provincial! parks and that no new legisla-| |tion is being considered." There have been reports that changes are being considered to allow controlled mining activ- ities in the vast Crown parks. A special committee which in- jvestigated the uses of erowa| jlands recommended such a course and its report was en-| dorsed by Mines Minister Ward- rope. The premier said exploratory licences could be issued by the cabinet prior to 1939 and during the war-time search for strategic materials there was _ limited prospecting and staking. | "Since 1956, when the regula- tions relating to mining in parks were revoked, prospccting and staking of mining claims in our provincial parks has been pro- hibited," Mr. Robarts said Crash Victim Gets $35,000 TORONTO (CP) -- A 19-year- old girl who was left disfigured and virtually blind after a mo- tor accident was awarded $35,- 000 damages Wednesday by Mr. Justice J. M. King of the Su- preme Court of Ontario. He made the award to Carole Ann Miclash, formerly of Ni- agara Falls, against Mrs. Mar- tha Brady and Catherine Gillis Her father, Albert Miclash, was awarded special damages of $1,050 Evidence was the accident oc- curred June 25, 1959, as a car driven by Miss Gillis and owned by Mrs. Brady was being driven south on Highway 41 near the set following their| village of Selby in Lennox and CITES EXAMPLES Addington County. Mr. Justice King found that six Miss Miclash had asked Miss\e Gillis to drive more slowly but that she continued to drive ex- cessively fast and apparently did not see a sign indicating a turn. The car crashed into a brick wall. " 4 | ie | re. ; | D MANITOBA | Leaders Urge | Political Unity TURIN, Italy (Reuters) |French President. de Gaulle and Italian Premier Fanfani Wed- jnesday night urged the rein- forcement and completion of European political unity. A communique was issued be- fore de Gaulle returned by air to Paris after talks held here under-some of the most string- ent security precautions ever seen in Italy, The two leaders reported themselves "pleased with the progress made by the countries of the European Common Mar- ket in the field of economic co- operation,. especially with the adoption of a common agricul- tural policy," The security measures were designed to protect the French president from an attack on his life from terrorist opponents of his Algerian policy BIG KILLING The biggest known first print- ing of any book was the 2,500,- 000 copies of Mickey Spillane's The Big Kill in 1954. No Changes | Safet y Of Workmen Ontario Bill's Aim TORONTO (CP) -- A bill to| Responsibility for entorcing implement recommendations of|the new legislation will rest with) one of Ontario's most-discussed|the gl ge royal commissions topped Wed-- HAVE NE ERS : nesday's business in the legisla. Mr. Warrender cited as one MUST APPOINT s ture. of the main features the new|, Municipalities of 50,000 popu- Labor Minister Warrender in- powers of building inspectors, |!ation and over are required, un- troduced legislation to repeal, Such inspectors would be able/4e" the new act, to appoint the Building Trades' Protection|to demand drawings and speci-| their own inspectors and en- Act of 1911 and in its stead in-|fications for a construction proj-|f0rce the provisions, Counties troduced a new Construction/ect, and can issue "'stop-work"| ill be responsible for appoint- Safety Act. orders until the regulations of|!"8 Inspectors and enforcing the He said the action follows rec- the act are complied with. act in municipalities where there ommendations of the royal com-| "The fine for failure to obey|* Sion SBEDAGNOTE: Dees mission on industrial safety,|a stop-work order can be up to| 'WO OF more municipalities which presented its report last|$100 a day for every day the) Will be able to join forces in fi- fall, and of the newly-established| regulations are ignored," the Ja-\"@cing an inspection staff. And Labor Safety Council of Ontario.|bor minister said. ithe labor department will have "This new act places the main| Some other sections of the act|!"SPectors for unorganized ter- responsibility for the safety of|carry penalties of fines up to|itories. ings but also such other strue- tures as bridges, not covered in the former act At BLACK'S NEW | SPRING STYLES for Young Men Walmsley & Magill OFFICE EQUIP. LTD. || 9 KING ST. E. OSHAWA |! 725-3506 workmen where we feel it right-|$1,000 imprisonment for up to 12). The department will help mu- fully belongs--squarely upon the months, or both. nicipalities to select suitable per- employers," he said. The act covers not only build-|80"S for the job of inspector and s sii |help them carry out their duties. e role of the industry and the ebate Stallin basis "A workman who knowingly endangers his safety or that of e r other persons or who fails to use Disclo ur Bill (* wer~ protective devices or clothing when required by his OTTAWA (CP)--The namesjand the Bell Telephone Com- $500." of some large corporations re-|pany of Canada were among | i " sounded in the Commons Wed-\the major exemptions ex-| nesday as the government bill/cluded because they already) Halt Proposed from companies and unions was|sibility for reporting informa- dragged through a third round/tion under other federal acts. At Bus Sto S of repetitious debate. The bill is described as an at-| p for the depressed Maritimes|and effect of foreign control in a > : coal industry in the shape of ex-|the economy by requiring re.| wards ten Bnharint afin tended subsidies on freight/ports -- part confidential and|®°S'©¢ ' the Th e a alee ands costs, part otherwise--from all large| ins © Om mitt ee on Mguways ebelhicte : fic should be required to halt cratic Party spokesmen con-|SPecified levels. lwhen a schoo! bus Is discharging tinued to assault the financial) Generally, smaller compan-| children on highways with a 50- disclosures bill. At the end ofjies are exempted as well as un-|mije-an-hour speed limit. bill still was 'stalled at clause|will be 25,000 companies report-| on an amendment that would re- three--there are 18 clauses injing, Mr. Fulton said. |quire traffic to stop behind all--where it rested Tuesday) William M. Benidickson (I--|school buses when the signal night Kenora-Rainy River) said the|lights are flashing, on highways ing the bill through the detailed|and will be stuffed away after|than 35 m.p.h. study stage, maintained that the jit has served its true purpose} Transport Minster Rowntree measure will req -diar-|of election material. isaid the piling up of traffic and ies of large foreign corpora-| walter Pitman (NDP--Peter-|the resulting rear-end collisons now available to the govern-/tion should be collected in one|halt oncoming traffic. ment. way without relying on various| Robert Nixon (L--Brant) sug- other agencies or techniques for -- ve ne Se General Motors, Westinghouse Companies now exempt~7 eutablish 8 Sek OF Flee near 'aid. The CPR He said he had heard of cases xamples, he sai a bd "| Mines Minister Flynn an-|where school boards had told ia nounced that federal subsidies|bus drivers to put troublesome S ldI will be paid on all coal ship-|children off the bus and let them 0 nsurance jitimes. Previously, Thesejor to school. s |freight - rate - assistance pay-| "I think the board would be As Magistrate |ments covered only shipments|100 per cent lable for anything aimed at opening up Ontario|these circumstances," said Mr. Nixon. sive Conservative senator wh0l times coal. |-- said he had to sell insurance to; ; | keep from starving when he ares og br et gee! was a magistrate urged Wed-|?)<)""") ' Pela pl paint") eS ho SF aon Senator Malcolm Hollett,| Mé iy solr to Japan from from Newfoundland, joined Lib-|Brit Columbia and Alberta. creases in salaries of county, | district and Supreme Court judges. He told the Senate he was a magistrate for 25 years as a magistrate." : Senators also urged an in- lerease in the indemnities paid jmembers of the Senate and the jreading--approval in principle j--to a bill providing for nine additional judges in Ontario. The bill, already approved by to the Ontario Supreme, Court, bringing the total to 22, and al- lows for the appointment of seven additional county and dis-| total to 79. The federal government pays salaries of $16,900 for Supreme Court judges and $10,500 for the Mr. Warrender stressed the jemployer can be fined up to requiring financial disclosures|bear a heavy burden of respon- Renewed aid was announced|tempt to document the extent} TORONTO (CP)--Ray D, Fd- Liberal and. CCF-New Demo-|Companies and unions down to| Wednesday that oncoming traf- the short Wednesday sitting the|ions below 100 members. There) wr. Edwards was commenting Justice Minister Fulton, pilot-/bil] embodies discrimination|where the speed limit {s more tions to provide information not |borough) said all the informa-|Would make it undesirable to : : hate order aboard school buses. and General Electric are on SUBSIDIES EXTENDED | ments from and. within the Mar-|walk the rest of the way home west of Levis, Que., and were|that happened to the child under OTTAWA (CP) -- A Progres-| and Quebec markets for Mari- nesday that salaries of judges charze is anticipated. Similar| eral senators in urging in- | "and I know what it is to starve Commons as they gave second ithe Commons, adds two judges trict court judges, bringing that! district and county judges. I | --! | JOIN THE Artists' Rainbow Club Grumbacher Specials and other Art Supplies. ALL MEMBERS ENTITLED TO A 10% DISCOUNT ON ART SUPPLIES AND FRAMES ENQUIRE AT: Whitby Paint & Wallpaper MO 8-3488 Wy 123 BROCK ST. N., WHITBY , JUST LIKE DAD! 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