BY LAW No. 325 BEING A BYâ€"LAW TO AUTHâ€" ORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE PORCUPINE POWER AND TELEâ€" PHONE COMPANY, LIMITED, AND THE TOWN OF TIMMINS. WHEREAS the Council of the Corâ€" poration of the Town_of Timmins, deem it to be in the interests of the €orporation and of the residents thereof and to be advisable to enter into an Agreement for the supply of Hlectricity for light, heat and power, within the limits of the said Corporaâ€" tion. NOW therefore, the Municipal Corâ€" poration of the Town of Timmins, en. acts as follows: 1. THAT the proper Officers of the said Municipality shall on the assent thereto of the Municipal Electors of the Muncipal Corporation, first had and obtained, enter into an Agreeâ€" ment on behalf of the Municipality with the Porcupine Power and Teleâ€" phone Company, Limited, for the supâ€" ply of Electricity for light, heat and power, within the limits of the said Corporation, which agreement shall be in the words and figures, and , shall contain the terms and conditions and shall be for a period as follows : MEMORANDUM OF AGREEMENT made this AD., 19 BEWEEN PORCUPINE POWER AND TELEâ€" PHONE COMPANY, LILMITED, hereâ€" inafter called the ‘‘Party of the First Part.‘‘ 2. The said Party of the First Part shall, and will, for the term of ten vyears from the first day of _ . A. D., 19 , furnish and supply, erect, maintain and keep in repair, such poles, wires and electrical appliances, including street lamps to light the streets, squares, lanes and other public places for the Town of Timâ€" mins, as shall be required for the purâ€" #pose of supplying light, heat and powâ€" er as herein agreed, and shall, and will, during the said period, for and at the time hereinafter mentioned, light and keep lighted, the said Elecâ€" trieal lamps with Electricity. _ The said Street lamps shall be placed at the outset at the points in the Town of Timmins, at which Street Lamps are at Present supplied and maintainâ€" ed by the said Party of the First Part for‘ the purpose of supplying light to the said Town of Timmins under the provisions. of the contract heretofore existing between the partâ€" ies hereto, and such fuarther Street lamps shall be supplied from time to time, by the Party of the First Part, as may be ordered by the Council and the said lamps shall be lighted with Electricity as herein agreed by the said Party of the First Part from time to time as the same are supplied, and the said Party of the First Part shall furnish and provide the materâ€" ials, tools, plant, labour, workmanâ€" ship and power, necessary for the proper fulfillment of the term of this contract, in manner aforesard. and THE CORPORATION OF THE TOWN OF TIMMINS, hereinafter called the ‘‘Party of the Second Part."‘ OF THE SEGOND PART | 1. WITNESSETH that the Party of the First Part in consideration of the covenants herein contained is hereby authorized and permitted to construct ereet and maintain, poles, wires and eonduits, across, along, and under the streets, lanes, squares, bridges, highâ€" ways, and other public places of the said TFown of Timmins, for the conveyâ€" ance of Electricity for the purpose ef supplying light, heat and power, within the limits of the said Town of Timmins, and beyond the same under the eonditions and provisoes and reâ€" strictions in this Agreement contained for a period of ten years from the day of A.D., 19 , and in consideration of the said authority hereby given by the said Town of Timmins, the said Party of the First Part covenants, promises and agrees with the said Party of the Second Part, as herein set forth. 3. ALL the wires of the said Party of the First Part used in the said works with the Town of Timmins, shall be insulated and shall be worked on Metallice Circuit and all material to be used by the said Party of the First Part in their works on streets, lanes, bridges, highways, squares, and pubâ€" lic places in the said Town of Timâ€" mins, may be inspected by and shall he subject to the approval of the Council of the said Town or some perâ€" son appointed by the said Council for that purpose. 4. The said Party of the First Part shall, at their own expense and costs, furnish, supply, erect, maintain and keep in repair, all the said lamps, posts and necessary appliances for the whole of the said period of ten years and shall renew such of them as may become below standard as defined by this Agreement through any cause whatsoever other than the action of the said Town, and shall, and ‘will, Thursday, Nov, 11th, 1926 OF THE FIRST PART day of at their own expense, during the said time for and at the times herein set forth, light and keep lighted the said Street Lamps with Electricity. 5. The Electrical System and Apâ€" pliances of, and the current as supâ€" plied by the Party of the First Part | AL ET shall be in all respects of first class quality and efficiency, and equal in quality and efficiency on an average to those installed and in other towns in Ontario, provided that the Mayor of the Town, or any memâ€" ber of the Fire and Light Committee of the Council or any person Apâ€" proved by the said Council, shall have the priviltége to inspect the plant, inâ€" struments and appliances in connecâ€" tion with the said system for the purâ€" pose of ascertaining that the electrical current being subplied is of the effiâ€" ciency and power above provided for. 6. The said Street Lamps, and each of them shall be kept.lighted every night, from dusk to daylight. 7. The said Party of the First Part shall not in the construction, erection and maintenance of the said works unduly or unreasonably interfere with the right of travelling or using the streets, lanes, squares, bridges, highâ€" way and boulevards, curbs, sideâ€" walks, or other public places or any water course of the same, and the enâ€" trance of all doors, gateways and bridges, shall be kept free and unâ€" obstructed and lights,~ barriers or watchmen, shall be provided and kept by the Party of the First Part during the construction and repairs of the said works for the protection and safety of the Public using the said Streets and other places. i 8. The (Party of the First Part shall indemnify and save harmless, the said Town from and against all damages, loss suits, claims and costs, to person or property, caused by the negligence on the part of the Party of the First Part, their servants or agents in connection with the operâ€" ation of the poles, wires or other apâ€" paratus of the Party of the First Pait, in the said Town of Timmins. 9. The said Party of the First Part shall use only such poles in the conâ€" struction of the said works, on streets and other public places in the said Town, as shall be nearly as 1)0ssiblef straight and perpendicular, and beâ€" fore any poles are erected, the posiâ€" tion of the poles shall be approved by the Council of the said Town of Timâ€" mins, or by some person appointed by the said Council for that purpose. The Council of the said Town of Timmins shall have the right to order the Party. of the First Part to move durâ€" ing each year of the Franchise hereâ€" by given, not more than five poles, in which case said poles shall be moved at the direction of the Council, at the expense of the Party of the First Part. 10. Upon the construction of the said works or any extension thereof, or any repairs thereof, or any removal of any part thereof, the. Streets, lamps, highways, sidewalks, bridges, squares and other Public places shall be put in as good repair by the said Party of the First Part as they were when such construction work or reâ€" pairs commenced. aA ve 6 on W3 11. The said Party of the First Part shall not during the term of ten years, without the permission of the said Town, to be expressed by Byâ€"law, charge any greater rates for supplyâ€" ing electricity of the description and for the time hereafter mentioned, than as follows :â€"â€" For current for commercial and doâ€" mestic lighting on the meter system a maximum rate of 10c. per Kilowatt hour for the first 30 Kilowatt hours per month; 9¢. for the next 220 Kiloâ€" watt hours per month; 8e. for the next 200 Kilowatt hours per month ; and 7¢. per Kilowatt hour for the additional Kilowatt hours. The whole less 20 per ecent, for prompt payment on or beâ€" fore 10 days after the mailing, of acâ€" counts with a minimum 75¢. per month for each service. For current for cooking ranges, irons, toasters and domestic heating appliances a maximum rate of 3%e. per Kilowatt hour for the first 200 Kilowatt hours and all additional Kilowatt hours at 2%e. _ The whole less 20 per cent. for prompt payment on or before ten days after the mailâ€" ing of accounts, with a minimum 75e. peér month for each service. For current for signs and Window lighting, a rate of 1VÂ¥ze. per Watt of connected load per month, less 20 per cent. discount for prompt payâ€" ment on or before ten days after the mailing of accounts, with a miniâ€" mum of $3.00 per month,. _ Service frony dusk to daylight, or an optional rate of 7%c. per Kilowatt hour, less 20 per cent. discount for prompt payâ€" ment on or before ten days after the mailing of accounts. For current for water heating, flat rate, of $5.00 per Kuilowatt per month, less 20 per cént. discount for prompt payment on or before 10 days after the mailing of accounts,â€"where the range or water heater are conâ€" nected to a double throw switch which would prevent both being used simulâ€" taneously. For currzent for motors, in addition to a fixed charge of $1.00 per month per Horse Power based on the name plate rating of the motors, an energy charge will be made as follows:â€"â€" Under 25 H.P., 3.00 cents per Kiloâ€" watt hour. For 25 H.P. unde1 50 H.P., 2.00 For 25 H.P. under 50 H.P., 2.00 eents per Kilowatt hour. For 50 HP. and under 100 H.P., 1.75 cents per Kilowatt hour. For 100 H.P. and under 200 H.P., THE PORCUPINE ADVANCE, TIMMINS, ONTARIO 14. The Street Lamps herein menâ€" tioned shall be lamps hereinatter mentioned, and the Town hereby covâ€" enants promises and agrees to pay to the Party of the First Part, for the lighting of streets, lanes, squares and other public places, according to the following schedule: For each Lamp of 100 watts or less, $16.66 per lamp, per annum. i 1andps over 100 watts and not exceeding 200 watts $30.00 per lamp per annum. For Lamps over 200 watts and not exceeding 300 watts, $40.00 per lamp per annum. For Lamps over 300 watts and not exceeding 400 watts, $50.00 per lamp per annum. i A A 3 a per annum. _ And Lamps over 400 watts and not exceeding 500 watts, $60.00 per lamp If the Party of the Second Part at any time desires to supply the lamps required, for renewals, then their prices shall be reduced by 10 per cent. The Party of the First Part will supâ€" ply the labour and «attend to the changing of the lamps. 15. In case the supply of ecurrent shall be interrupted or fail, from the Act of God, the King‘s Enemies, ice or accident in any way, or for necesâ€" sary repairs to machinery or plant, or for any other reasons whether of a similar or dissimilar nature, not atâ€" tributed to the neglect of the said Party of the First Part, the Party of the First Part shall not be liable for damages in respect of such interrupâ€" tion or failure, nor be considered in default, provided they use reasonable diligence to restore such supply, but l d a proportionate abatement shall be made in the amount payable under this contract hereinbefore provided for a time during which current is not supplied by reason of such interâ€" ruption, or farlure .of current. Proâ€" vided, however, should such supply of current be interrupted at any time for a period of thirty consecutive days or for thirty days in all, within any six months, thenâ€" in either of such cases the Franchise in this Agreement wontained shall at the option of the Party of the Second Part be terminatâ€" 16. The Company reserves the right to make an additional charge to cover the cost of supplying the service when it is required for a period of lessâ€"than one year, and also reserves the right to requird deposits to guarantee the securing of the Company‘s accounts. 17. In ease any dispute or difâ€" ference shall arise between the parties hereto relative to any of the matters provided for in this agreement, then such dispute or difference shall be submitted to the arbitration and determination of three arbitrators, one to be appointed by the Party of the First Part, one to be appointed by the Town, and the third arbitrator to be appointed by two arbitrators so apâ€" pointed, and the award in writing of such arbitrator or any two of them shall be final and binding on the parties hereto. s Wherever in this agreement the words, Party of the First Part, are used, the same shall extend to and inâ€" clude the Party of the First Part, its successors and assigns, and where\ ex in this agreement the word **Town is used, the same shall mean the Party of the Second Part and shall extend to and include its successors and Parties hereto have hereunto affixed their respective Corporate Seals and per Kilowatt hour. H.P. and under 300 per Kilowatt hour. H.P. and under 400 per Kilowatt hour. #"% t Froar pata In Tnus Porcurm® Apvaxcs FYLES .M .“.."..“.."..?".."..".."..???X.."..“.."..".ï¬....ï¬:...??i}f??f?i:?f?f?"}.}.,.Z}...".?...M. #4 # *# Reference â€" was . made in these columns last week to the appointment of Mr. A. Borland, then fire chief at Cobalt, to the position of chief of the Timmins fire department. Durâ€" ing the first week of November, 1916, Mr. Borland visited Timmins and made a report to a special meeting of the town council relative to the fire department and fire protection matâ€" ters in this town. Fire Chief Borâ€" land told the council much the same thing that Mr. E. H. Hill, the acting chief,; had been telling them. Only Chief Borland was even more emâ€" phatic than Chief Hill. . Right at the start Chief Borland told the council that conditions were much worse than he had expected and he would not accept the position at all unless more salary were given. To build up such a department to its proper place and usefulness would 4 ! take more time and strength than any . man should be expected to give for: $100.00 a month. . The position: should pay at least $115.00 per month, with free house and_ other usual perquisites, _ Fire Chief Borâ€" land‘s report showed that he knew what he was talking about and that he had given the situation very careâ€" ful survey and very expert attention. The council was much impressed with his grasp of the situation and his very evident talent in fire department work. â€"He pointed out to the couneil that no capable man would accept the position unless he were given certain very necessary equipment for the deâ€" partment.. ""I would prefer you to have some of the other applicants come here and look over the situaâ€" tion,"‘ said Chief Borland. He said that his opinion was unbiassed, bu» che was optimistic of the fire departâ€" ment here, and he urged the council to have another applicant, Chief Dey, of Collingwood, come to Timmins and give ‘his opinion. In reply to a quesâ€" tion, he suggested that the necessary equipment would cost about $4,000. this junetion,"‘says The Advance of Nov. 8th, 1916, ""the council mwwas willing to meet Chief Borland‘s conâ€" ditions, if he would accept the position. _ Chief _ Borland‘s _ final answer to the council was that he would not accept the position unâ€" til Chief Dey had the chance to view. the situation and give his opinion.. Then if the latter refused, Chief Borland would undertake the job of putting the department on a firm basis. â€" Chief Borland‘s stand for this firm decision was to the effect that he had had the opportunity to look over the department and to see the conitions that existed, and found that he could not undertake the work for less than $115.00 per month, whereas the advertisement called for only $100.00 per month. He stated that he would be doing an injustice to Mr. Dey or any of the other applicants in coming here and accepting the position for â€"$115.00 when Mr. Dey had not the same opportunity to see the conditions or the privilege to ask the same salary. Therefore Chief Borland declined the offer in favour of Chief Dey, and in case of the latter‘s nonâ€"acceptance he would then take it providing the council wished him to do so.‘‘ Memâ€" bers of the council commented after the meeting on the fairness and good sportsmanship of Chief Borland in the matter. He had given them very â€"valuable information about the deâ€" partment and its needs; they were ready tb meet his requests; yet, beâ€" cause he would not take what he beâ€" lieved to be an unfair advantage, he was passing up the position. Counâ€" cil finally dealt with the matter by sending a wire to Chief Dey aceeptâ€" spective proper officers. SIGNED, SEALED and DELIVERED signed under the hands of their reâ€" THIS BYâ€"LAW shall take effect on and after the final passing thereot. GIVEN AND PASSED this day of NOTICE TAKE NOTICE that the foréegoing is a true copy of a proposed Byâ€"law of the Corporation of the Town of Timâ€" mins to be submitted to the votes of the electors on the 22nd day of Noâ€" yember, A.D. 1926, between the hours of nine o‘clock in the forenoon and five o‘clock in the afternoon at the Separate School Building, Spruce Street North, in the Town of Timmins And that the 15th day of November, 1926, at the hour of ten o‘clock in the forenoon at the Town Hall in the said Municipality has been fixed for the appointment of persons to attend at the polling places, and at the final summing up of the votes by the Clerk, And that if the assent of the electâ€" ors is obtained to the said proposed Byâ€"law it will be taken into considerâ€" ation by the Municipal Council of the said Corporation at a meeting thereof to be bheld after the expiration of one month from the date of the first pubâ€" lication of this notice, and thag such first publication was made on the 29th day of October, A.D. 1926. H. E. MONTGOMERY, In the presence of «. # * *# # 2 CLERK. ing his application, and for himnto report as soon as possible. In the meantime, Mr. Hill looked after the fire department. Ten years ago The Advance gave such space to the disâ€" cussion of fire department matters, believing that the question was probâ€" ably the most important one before the people of the town. (On Wednesday, Nov. 3rd, 1916, the Timmins â€" Oddfellows held a very successful and pleasing social at the lodge rooms, Third avenue. The social evening was in the form of a progresâ€" sive euchre and dance, and there were about 85 members and their friends present. ‘The prize winners in the euchre â€" were:â€"Ladies, 1st, Miss Laura Peters; 2nd, Mrs. M. D. Hamâ€" bly. Gentlemen, l1st, A. G. Carson; 2nd, Will MceCoy. ‘(Messrs Martin and Colomhbo provided the best of music. The Advance concluded a lengthy report of the event with this paragraph:â€"‘It is believed that a Rebekah Lodge will be formed here in the near future, to give an opporâ€" tnity to the ladies of the community join hands with their brethren in the noble case of promoting friendship, love and truth, for the uplift of huâ€" manity amongst their fellow citiâ€" zens."‘ The monthly statement of the Dome Mines, issued in November for the previous month, showed a new record reached. The tonnage of ore treated in the mill was 4(),_.()0. The average value of ore treated was $4.60 per ton, based on the total proâ€" duction of $185,000, The operating costs were $2.69 per ton. Oh,, boy! oh, joy! There was a real honestâ€"toâ€"goodness musical comeâ€". dy, with real girls, at the New EKmâ€" pire theatre on Monday, Nov. 15th, 1916. ‘‘Never ‘before in the history of Timmins,"‘ said. The Advance, ‘‘thas such a show been exhibited as the one on Monday, matinee and evening, by Frank Flasher and his company of thirty people in the comedy, ‘‘September Morn.‘‘ _ The Advance thought the acting was pretâ€" ty good, but the singing could be imâ€" proved. The chorus spots was very ragged, and the soloists were secondâ€" raters. As a matter of fact, local talent has since that day put on musiâ€" cal comedies with much more skill and success and But it was the first musical comedy ‘here, that ‘©September Morn‘‘ in Novemâ€" ber and so is worthy of a note in this little memory corner. A large numâ€" ber of residents of South Poreupine attended the event, a special traim being run on the branch line to allow the visitors to return home after the show. | Among the local items in The Adâ€" vance ten years ago were the followâ€" ing:â€"‘‘Work has commenced on the grading of the roadway on Pine street. For some time past mud and water have been flowing over the sidewalk making it almost impossible to walk without getting in water over the shoe tops.‘‘ ‘‘Mrs. Ralph N. Robbins entertained about thirty at bridge Friday afternoon, Oct. 29th, in honour of ‘her mother Mrs, W. S. Rogers of Rochester, N.Y., who is visiting here.‘‘ ‘‘The Hollinger bowâ€" ling team defeated the Timmins team with a margin of 40 pins. Duke was high man for Timmins, with 488, and MceGuire for the Hollinger with 460.‘ ‘‘Ernie Ward, of Cochrane, was a business wisitor to the camp.‘‘ ‘‘There are now 517 names on the Porecupine Honour Roll of soldiers going overseas from the town and district.""" **F. W. Skelton, Inspecâ€" tor of Provineial Police, of Niagara Falls paid an official visit to the camp last week.‘‘ _ ‘‘Timmins Public School report for October, 1916, shows an enrolment of 194, and an average attendance of 152."" ‘‘The erand opening of the Store of Qualiâ€" ty in Mrs. Christie‘s old stand, is announced for _ Nov. 10th 1916. Messrs Sheheen and Ayoub were the proprietors of this store, which in a halfâ€"page â€"announcement â€" elsewhere offers upâ€"toâ€"date ladies‘ and men‘s Furnishings, dry goods, boots and shoes, trunks, valises, ete."" One of the articles featured in The: Advance ten years ago was the reâ€" ference to the ‘honourable discharge of Mr. J. E. Cook on charges levelled against him in connection with his terms as reeve of Tisdale township. The Advance ten years ago believed the charges were without f@undation and should never have been brought forward. _ After ten years, The Adâ€" vance is still more convinced that the proceedings were a mean and unâ€" grateful return to Mr. Cook for the most unselfish and effective services he had given the township. In the issue of ten years ago The Advance says:â€"November I1st, the «closing scene in this longâ€"drawnâ€"out drama was enacted when the Grand Jury at the Assizes threw out all the charges laid against Mr. J. E. Cook, of South Poreupine, who for three vears kad been reeve of the townâ€" ship of Tisdale and the prosecution‘s case collapsed like a house of cards. The verdict met with the unantmous approval of both Bench and Bar, and the hearty commendation of the whole North Country. Several memâ€" bers of the old council were called as witnesses by the prosecution and everyone of these men, without exâ€" ception, paid high tribute to the inâ€" I lt Velveteen is an ideal winter materâ€" ial. It imparts a certain amount of welcome wormth, and the bright glowâ€" ing colours in which it is shown are most attractive in bleak weather. Above is pictured a chic little suit which may be worn with a fur piece on mild days, or beneath a long coat. The colour is ruby red, while a novel colour contrast is imparted by the simple little jumper of ping jersey. RUBY RED VELVETEEN AND PINK JERSEY MAKE A SMART COMBINATION As the smarter costumes must have faultless ‘mccessories, the flat pocketâ€" book is pigskin banded in red, while the tan felt hat is of pigskin colour, with a red grosgrain band. tegrity and ability of Reeve Cook. Mr. W. R. White, of Pembroke, the veteran King‘s Counsel for Eastern Ontario, pointed out that not a single act of wrongâ€"doing had been comâ€" mitted by his client. The evidence showed that everything that Mr. Cook had done while reeve of Tisdale had beent open and aboveâ€"board, and in the best interests of the municipauty, and that the township had prospered greatly under his wise administraâ€" tion. The evidence also established the fact that not a dollar had gone / astray or been improperly expended, > and that the small amount paid Mr. Cook and his law firm for law costs were moderate and wellâ€"earned, and that every dollar had been voted by the council after due deliberation. The Grand Jury comprised some of the most representative business men of the North, and Mr. Justice Kelly who presided expressed his entire satisfaction with the careful and efficient manner in which the Grand Jury had discharged their duties and his pleasure at receiving their verâ€" dict. Mr. Cook received the congratâ€" ulations of the whole community. Sylvester Kenmedy, the popyglar vetâ€" eran councillor of Tisdale, stated that Mr. Cook never received a dollar from the municipality that he had not earned many times over, and that Tisdale would be a Jlong time finding another man of his calibre who would devote lus time and energy on townâ€" ship matters as lavishly and successâ€" fully as exâ€"Reeve Cook had done. The verdict was especially gratifying _to Mr. Cook and his friends inasmuch as a dismuissal by a Grand Jury means that noâ€" evidence of _ wrongâ€"doing whatever was presented by the proseâ€" cution. Scores of promiment men of this place do not hesitate to charaeâ€" terize the prosecution of Mr. Conk as an outrage and a disgrace to those behind it. J. _A. Hutchison, of Brockville, who presented the pm~seâ€" cution, admitted that his clients had exhausted their resources and that they could think of no more charges to lay. All of the charges that the Grand Jury dismissed on Wednesday last had been before the District Judge on the 11th,. of September, and had .been dismissed by him, so that these last proceedings were really an appeal from the decision of the Disâ€" trict Judge to the Grand Jury, which is said to be an unusual and exceedâ€" ingly improper proceeding and an atâ€" tempt to try a man twice upon the same charge.‘‘ Among the advertisements in The Advance of ten years ago, there is on announcing to the people of the town of Timmins and surrounding district that E. (¢, McLaughlin and Companry had opened a firstâ€"class tinsmithing and plumbing establishment in preâ€" mises on Second avenue. A. Brazeau, the pioneer plumber of the Camp, alâ€" so had an advertisement each week in The Advance, Chas. A. Nee was the only drug store advertising, though there was another drug store in town. Dalton Bros, Livery, with the motto, ‘‘We Never Sleep,""‘ adâ€" vertised automobhiles and livery rigs at any hour of the day or night, The Central Palm Rooms (Geo, Shippam, proprietor) announced that; **The Cosy ~Corner is now prepared to serve tea, coffee or bovril. This is a new idea for your benefit. Afterâ€" theatre luncheons and party bangnuets catered to.""