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FIRST UNI John Barker, United Steel- workers of America inter- national representative, turns the sod for the first union medical centre in Canada at Sault Ste. Marie, Ont., Thurs- day. The $800,000 clinic is ex- pected to be open for business Capital Murder Count For Trying To TORONTO (CP) -- Vincent! commission counsel Roland F. Feeley's bid to overthrow the! Wilson said Thursday that Fee- Ity--first witness due to appear Court Raps Feeley Counsel Block Inquiry Feeley was accused of vague-, opinion of the three judges, Mr, ness, evasiveness and falsifica-| Justice Roach would be justi- tion in the affidavit and subse-|fied in denying Mr. Rose the * AE BS ON HEALTH CENTRE Ontario royal commission on' crime has been tossed out by the 'province's Court of Appeal and the gambling boss and his lawyer have received a judicial scorching for trying to "frus- trate and obstruct" the inquiry. Lawyer Walton C. Rose un- derwent the rare punishment Thursday of being ordered to dig into his own pockets for the court costs of all concerned-- unspecified but perhaps between $2,068 and $3,000--and the court panel let it be known there would be no objection if he were denied the right to appear before the commission. | Feeley promptly launched .a} move to carry his case to the Supreme Court of Canada, but 'ostensibly on his own and with- out fhe name of a lawyer--as is customary, -- appearing on the formal notice .he served late Thursday on the royal commis- sion. REOPEN MONDAY The commission, meanwhile,| set for Monday the reopening of htarings which had been in re- cess since Aug. 20 as it awaited the Appeal Court's disposition of the gambler's application to have Mr. Justice W. D, Roach the commissioner, disqualified. Disqualification of Mr. Justice Roach--a one-man commission --would have the effect of break- ing up the whole inquiry, which has taken some 2,500,000 words of evidence since March 21, |much of it focused on Feeley and partner Joseph McDermott. The pair may be in custody | at the time of the scheduled} commission reopening. | They now are out on $50,000 bail apiece following an appeal from convictions last March on | charges of conspiracy to obtain police information -- gambling | raid tips--illegally, and are due |to surrender at the Don Jail | here before their appeal opens ad within a year, and will serve about 6,000 Sault steelworkers and their families. | --CP Wirephoto | jto get leave to' appeal Monday--will be brought before| quent questioning on it. Some|right further to appear before the commission in custody if he is still in jail, It was his summons to the winess box Aug. 20 that touched of fhis attempt to scuttle the} commission. | WON'T CALL OFF The commission had no im:| mediate plans to call off the} Monday session as the result of| the 40-year-old gambler's Su- preme Court of Canada bid, though on his two previous court tussles with the commis- sion it recessed pending the out:| come, Mr. Wilson said Thursday the Monday session would open on schedule and what happened] after that was up to the com-| missioner. | To get before the Supreme Court, Feeley would first have from either that court or the Ontario Appeal Court, and his notice in- dicated he has chosen to go to the top court at the start. | If he appears on his own be- half it will be a rarity, though not a precedent, for other non- lawyers have argued before the court. In the Ontario Supreme Court, McDermott conducted his own defence on the conspi- racy charge last March. In the Ontario Appeal Court) Thursday, Feeley and. lawyer Rose got rough handling in a unanimous ruling of the panel that heard the claim that Mr. Justice Roach--a veteran of the court--had disqualified himself by a private examination of| Ralph Clark, former Feeley as-| sociate. DESCRIBES AS IMPROPER Sections of a Feeley affidavit) ascribing anti-Feeley bias to the commissioner were described in| the judgment as improper, scurrilous and shoddy, and the Lone Survivor 'Tells Of Ordeal of the claim' had been made either for publicity or to under- mine confidence in the commis- sioner, or both. Mr... Justice James McLen- nan, reading the judgment, de- scribed the order for Mr. Rose personally to pay the costs as "exceptional, but justified." And he added that, in the him, Besides tossing out the claims of wrongful procedure and bias against the commissioner, the Appeal Court group said it had' no power to act on the applica- tion anyway. | The Crown--the Ontario gov- }ernment--had full control over i the commission. KITCHENER _(CP) -- Ten- year - old Danhy Schweitzer clung desperately to an over- turned boat for more than 36 hours before exhaustion over- came him, Karl Lang, 62 sole survivor of Monday's tragic triple drowning on Lake Donne- gana, said Thursday. The lake is 100 miles north of Sudbury. Lang, who spent two days and nights on a_ deserted, rain- lashed lake island, described how for two days and a night he had watched helplessly as the boy clung to the boat drift- ing half a mile from shore. He said that during the boy's struggle for survival, Danny had watched his father, Harvey Schweitzer, 32, and his friend, John Halwachs, 54, both of Kit- chener, slip under the water. "T could hear Danny calling all Monday and Monday night and I could see him all Tues- day until it got dark," shocked, tired Lang said. "It was terriblt. I couldn't do anything to help him." Lang, who can't swim, said he had heard Danny's last 'in Ontario Appeal Court today. After Rifle-Slaying He said he knew the girl who|hall and saw a man standing in| MONTREAL (CP)--John Mai- kin, a 30-year-old typesetter and former RCMP constable from Alexandria, Ont., was charged with capital murder Thursday in the rifle-slaying of Lorraine Kenny, 29, an office worker. Preliminary hearing was set for Sept. 14. Miss Kenny, a North Sydney, N.S., woman who had been in Montreal less than two months, was found dead shortly after midnight Sunday morning in the hostel where she lived. She had been struck in the face by a bullet from a .303 rifle. A coroner's jury earlier Thursday held Malkin crimin- ally responsible for her death. Malkin testified at the inquest that he went to the hostel to see another girl whom he knew, reaching the third floor by means of a fire-escape. He said appeared in the doorway was! front of another door with a gun| not "Kathy." in. his hand. The coroner, Dr. Benoit He-| She identified Malkin as the| mond, asked if there was '"'any|man she saw "face to face." _ doubt in your mind that this) Crown Prosecutor Gerard was not Kathy?" Langaniere asked Malkin if he "I knew it wasn't Kathy »{left the RCMP for medical or ; paige : ~-* | disciplinary reasons. Malkin said. "I was positive of} Malkin said he was in a car my life before." |laid against me . He said the light was on in| jail for three months." the hall at the time, but not in} Miss Lafferty did not appear the room. lat the inquest. Suffering nal shock, she was under sedation IDENTIFIED MALKIN |at the time. | Another girl jiving on the} Malkin was arrested in Alex- third floor. Denyse Monnot, 21,| andria, 50 miles west of Mont- outside her room, ran into the! warrant. INTERPRETING THE NEWS he had never seen Miss Kenny before in his lift and had had no intention of harming her. CROUCHED BEHIND DOOR Testifying under the protec- tion of the court, he said he had been waiting in an empty room. crouched down behind the door, when Miss Kenny appeared in the doorway. | He said he told her to keep quiet and motioned with his head for her to come into the room. Instead of doing that, he said, "she gave the door a shove. "It knocked me off balance against the wall and the gun went off." Malkin identified the girl he was going to see as Kathleen Lafferty and said he had been going out with her for about a year and a half. Britain's Ties Deeply Rooted | By ALAN HARVEY |ada fairly high up, the rest no- Canadian Press Staff Writer | where. They would be held until the | court disposes of the appeal, but ; e e : that. I'd never seen this girl in| accident '"'and I had a charge) § . . L-was in} ¢ t testified that she heard a shot|real, Monday on a coroner's) court. said Mr. Rose had filed| feeble cry around 10 p.m, Tues- it with full knowledge of its im-|day, just before a heavy rain propriety. storm. When dawn broke 'Wed- Ake, ' CLOUDY LATE SATURDAY WEATHER FORECAST Earlton ... Kapuskasing ...++. White River..... oe Moosonee .. ° nesday, the boat was drifting by itself. j Lang said the four had spent the weekend on the island camping and fishing and had set out to return early Monday. Their 16-foot fibre glass boat, laden with camping and fishing equipmtnt, suddenly sunk about 100 yards from the shore. Lang, the only one to wear a life-jacket, said: "When I came up I had drifted away from the boat, but I could see the other three hold- |ing on to the overturned boat. | "I thought I had had it. Mr. Halwachs who knew I can't swim shouted to me to grab .an- other floating life-jacket, 1 man- aged to get it and hold it up against my stomach." He said that after he had | been drifting for about an hour 'he heard Danny call out that his father and Halwachs had REMOVES PICKET Policeman puts headiock on picket outside the Dominion Glass Co. plant in Hamilton, Ont., during strike by glass- workers against the firm Thursday. Twelve strikers _ have been arrested in the past two days. ' gone under. "I drifttd onto a small island and I could still see the boat about half a mile away with Danny still hanging on. I shouted to. him to hang on | | good." SAT DAZED | Lang said he spent all Mon- --CP Wirephoto Board Reserves | Ruling On Union TORONTO (CP)--The Ontario consider its decision to hold the day night sitting on a log, dazed and tired. Heavy rain fell Tues- day night and he built a shelte from rotten logs. : "There was nothing to eat-- only lake water when I got thirsty." Lang was rescued by a lands and forests department aircraft early Wednesday when it spotted him waving from the is- land 'while on a routine flight. It searched for the bodies of his three companions, but found no trace. "Tf the plane had come a day earlier we would have got the boy alive," he said. Lang returned here by train Thursday after spending the night in hospital. The Schweitzers and the Hal- wachs are neighbors and had gone on previous fishing trips together. Man Cleared Of Charge In Fatality TORONTO (CP) -- Clifford Cayer, 32, alias Mrs. Diane Labor Relations Board reserved decision Thursday on an appli- cation by the International Un- ion of Mine, Mill and Smelter Workers (Ind.) to reopen hear- ings in the protracted fight with the United Steelworkers of America (CLC) for 15,000 work- ers at Sudbury. Mine-Mill sought -- and the Steelworkers opposed -- per- mission to introduce evidence which its lawyers claimed would cast suspicion on Steel's organizing efforts among the workers of International Nickel Company. It wants the board to recon- sider its order for a certifica- tion vote between the unions of Inco last. winter. Mine-Mill has held the certification, but Steel won a narrow majority in the vote, though the board has not yet shifted the certification. Steelworkers counsel John Os- ler of Toronto urged the board Thursday not to reopen the case, declaring the length of time taken in settling the Sud- bury fight has become "'vir- tually a public scandal." Board chairman Jacob Fin- kelman' promised a decision "very shortly" on whether the hearings would be reopened. The request that the board re- vote--which would put the case back where it was last January --was based on evidence. of forged Steelworkers member- ship cards brought out at, Fal- conbridge Nickel. Mines certifi- cation hearings. PREMIUMS AS LOW AS | 25.00 There'll be many a moist eye) The flourishing town of Mil-| and sad heart whtn Common-| dura, in Victoria State, sells 40! Adams, was cleared Thursday Timmins ed ; on a charge of criminal negli- Mount Forest..... wealth prime ministers gather next week in Marlborough House. Like schoolboys when the summer holidays are over, statesmen will be afflicted with an uneasy nostalgia, an impres- sion that things are unlikely ever to be the same again. This will apply particularly to the so-called white dominions-- |Jand--and the United Kingdom. All are apprehensive that Brit- 10-Day Termes oe After Fatal Accident - OAKVILLE, Ont. (CP)--A 16- year-old boy charged with care- less driving after a fatal auto- mobile accident was sentenced Thursday to 1 days hard labor because the magistrate felt the lad's parents would probably pay his fine, In passing sentence, Magis- trate K, M. Langdon told Glenn Miller; "Sixteen-year-olds who apply for driving licences see themselves as adults and must be treated as adults in court." Miller was charged after a car crash July 29 when John Turner, 14, one of six passen- gers in the car, was killed. The court was told that at the time of the accident, Miller was speeding along an Oakville side- ain's bid to enter the European Economic Community marks a climacteric in Commonwealth | affairs. As ministers assemble in the | opulent conference room over- looking the mall, around a 38- \foot-long table of glowing red |ribinga wood from Africa, even the most convinced European may feel a tremor of regret for the changing Commonwealth. EVOLVED IDEAL Britons have always instine- tively felt themselves bound up with something bigger than their own tiny island, The Commonwealth idtal has helped to compensate for the death of empire. Now they vaguely feel they are selling the Common- Wealth down the river. In Australia, where the flag of empire first was unfurled in) 1788, whole communities depend| on sales to Britain. Australians think of the old country as home. Sentimentally, the Com- monwealth means Britain first,' per cent of its dired fruit crop, including delicious sultanas, to Britain. If the Common Market bid goes through, Australia will pay a duty of £8 10s on every ton of currants. Mildura may become a ghost town, New Zealand has 2,500,000 jptople and 50,000,000 sheep. Economist Colin Clark says it has the highest standard of liv- ing in the world. HUGE EXPORT Every year it sends 20,000,000] | lamb carcasses to Britain. New Zealanders have tried hard to | sell lamb and mutton in Canada jand the United States, but orth Americans stubbornly stick to steak. New Zealand's butter and cheese exports are 'also in danger. |. Canada has. a -$1,000,000,000 ;annual export trade with Brit- |ain, The pulp and paper indus- i try, collaring about one - tenth | the total, has no qualms about jits ability to sell in the new Europe. Prairie farmers simi!- arly feel high - quality hard Canadian wheat can pierce Eu- ropean barriers. But many manufactured goods may suffer and the Canadian government is worried. {Ontario today and reach into Forecasts issued by the Tor-! onto weather office at 5 a.m.: Synopsis: All of the forecast district will enjoy warm, sunny weather today. Cooler weather will apread through Northern central Ontario Saturday, but southern Ontario should have another warm day Saturday. | Lake St. Clair, Lake 'Erie, Lake Huron, Lake Ontario, Ni- agara, southern Georgian Bay, Haliburton re gions, Windsor, London, Hamilton, Toronto:| Sunny and a little warmer to- day. Saturday sunny with in- ereasing cloudiness during the afternoon and evening. Winds light, becoming southwesterly 15 this morning and increasing to 15 to 25 Saturday. Timagami, northern Georgian Bay regions, North Bay, Sud- bury: Mostly sunny and warmer today. Increasing cloud- iness overnight. Saturday cloudy with scattered showers and thuidershowers. Turning Warm Weather For Saturday Sault Ste. Marie... Observed Temperatures Low overnight, High Thursday Dawson 31 55 F Victoria :.. southwesterly 15 to 25, shifting) Edmonton to northwest 15 'o 25 Saturday|Regina afternoon or eveaing. |Winnipeg .< Cochrane, White River, Al-iLakehead .. goma, Sault Ste. Marie: Sunny) White River with cloudy periods and warmer SS. Me today. Cloudy tonight and Sat-/7 ARINBese3'0.00,8 urday with scattered showers|S@Puskasing ..... and thundershowers, Turning|North Bay....:-.. cooler Saturday morning Winds|Sudbury ve light, becoming southerly 15 to| Muskoka 25 this morning and shifting to) Windsor northwesterly 15 to 25 late to-/London . night or early Saturday. Toronto .. Forecast Tempefatures Killaloe .. Low tonight, High Saturday Ottawa Windsor 58 78 |Montreal St. Thomas. | Quebec London 52 37 50 54 40 41 48 49 46 65 eerrere ere! jgence causing death. | But Cayer, clad in a black dress, an auburn wig and high- heeled shoes, still. faces a charge of dangerous driving arising from the death of Mrs. Rosemary Seehan, a passenger in the car police said Cayer was driving on Highway 401 June 10, Cayer first appeared in court as Mrs. Adams. His lawyer, Anthony Bazos, then explained that although he had the mental attitude of a woman, he was in fact male, Cayer's preliminary hearing on the dangerous driving charge will continue on Sept. 13. Ss Ss a Court of Appeal will review the conviction ,and sentence of ar- Robert Roberts, was announced Thursday. shield his wife and six children, was sentenced to 24 years in penitentiary after he gave him- for psychiatric help. who turned down his original appeal. 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