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HomeMy WebLinkAboutThe Wingham Times, 1894-11-23, Page 54. -"--lki . ' - ........--.........—___,_ , ' .,.. '......" . .. , .". .. , , . TUE WIN GUAM TIMES, NOVEMBER 23., 1804„ ORA 311.v. OREF.V.V. the Mayor, as stated in lila 011-1, it WaS reported to him that Robert. • davit. Lowry was in a starving' conditions A CASE IXTEREAT TO MUNICIPAL It is contended that the plaintiff and he went oriel made laquiry Into COUNCILS. has not been candid and truthful in the matter and found him in a bad : making his ease for an injunction, I state, and be recommended that some The following is the full text of the cannot see that there is any material assistance be granted him. M. DI; judgment delivered by His Honer, suppression of filet or misrepresenta- Ment reported 'that Thos. GU:aloes Judge Chadwick, of Guelph, in the tion. The affidavits Were suffielent has put box and screen in drain at end of tiles, and he recommended payment of his account of 2.50. Mr, Gemmill reported that he had let a job of culvert on gravel road to Wm. Hayes, at $8, jab completed ; also, let a job of putting a railing on largo culvert, to Robert Lane, at 111'0,25, and lie recommended, that Turnberry's share of both the above case of Crain) V. Mount Forest . without saying that he did not get T1118 action it brought by a mem- notiee of meetings, and I am not pro- ber of the Councit of biount Forest topared to say froni the affidavits tiled prevent interference with Ills right by defendants that the plaintiff did to be present at the meetings of that , have notice of meetings. There body. It appears that at a meeting " seems to have been a loose mode ot on Oct. lst, plaintiff spoke of some : business 88 to eommittees—meeaing members as "such characters," and by chance—but reports wore put in refusing to apologize or rotraet these and 'there sbould have 1)008 meet - words, he was removed by order of lugs. .1 am notaairprised that plain- accounts be paid. Moved, by Mr, the Mayor.. At another meeting ontiff should think meetings were held Musgrove, seconded by Air. Diment, the 15th Oct. the subject was again ; of which he had no notice. The ale- that Colin Eadie be refunded $2,14„ brought up, and plaintiff again put • davits do not show proof of a single error in assessment—Carried, Moved out. I notification of any eommittee meet- by Mr. Cruickshank, seconded by . The main question I have to decideling except that at the first 'council Mr. Musgrove, that Mrs. Birney be is, broadly, whether any power exists meeting plaintiff was asked to remain refunded 57 cents, error in assess - for proceedings such as are corn- to elect chairmen in two committees. ment—sMoved by Mr. Diment, se - planed of. The caeo of Doyle v. It is shown that the bonus committee condecl by Mr, Cruickshank, that Falconer, 1 P. a C., 328, and Lan- Met specially once, but it is not Adam. Reid be refunded $1, dog tax ders v. Woodworth, 2 sup. Ct,, 158, shown that plaintiff had notice, --Carried. The, annual report otthe decided that legislative assemblies (in Boulcling says he notified when in- Board of Health was read by the one ease that of • Dominica, in the structed, but atops short of saying Clerk. Moved by Mr. Dinient se - other of Nova, Scotia,) have no power, in the absence of express grant, to remove a member for contempt, unless he is actually obstructing the business of the House. This, of course, applies to all legislative and representative bodies in this country. There is no pretence here that plain- tiff was obstructing business, except in so far as, he refused to do what the Mayor and others insisted he must do. In fact the obstruction came from the other members, just as it was in the Landers v. Woodworth case, as pointed out by the Chief Justice. s The defendants, therefore, are driven to rely upon the alleged by- law No. 210, which is as follows "That the Mayor or chairman may order and cause any members of the Council using indecorous language or estoppel. personalities, or who may refuse to A question is raised as to parties. obey the orders of the Mayor or It does not seem -important as it a! - chairman, when called to order, or fcets only the costs, and all -dcfen- who in an!,,- way may offend against, slants appear by one solicitoe. Short - transgress or break any of the rates ly, 1 think they 'were all properly and regulations herein contained, joined. See Holt v. Medonto, 22 regulating the conduct of members Ont., 302. at any meeting of the council or of I have some doubt • as to ho'W any committee thereof, to .be removed should disposed of the ()este. As by the chief of police or any other opposed to the ordinary rUlerit may constable from the council chamber be said that plaintiff's conduct was or place of such meetings, and such such that he is not entitled to eon - member shall not be entitled to again sideration, that he might have sa4ed take his seat at such council or eana. trouble by submitting and withdraw- mittee meeting until heshall have apologized for his conduct to tho. council or committee, or shall have withdrawn his indecorous or personal remarks." It is to be observed that this by- law, even if a valid one, would not justify the action taken at the meet- ing of 15th October, because at the most it only provides for removal, etc., of the offender during "such council or committee meetings," that is, the meeting at which the offence is committed. But I think the by-law is in ex- cess of any authority. Section 288 of the 'Municipal Act, is the only one nudes which it can be claimed—it -enables councils to "make- regular tions not specifically provided for by this Act, and not d'ontrary to law, for governing the proceedingsof the council, the conduct of its members, the appointing of special meetings," ete. Supposing these words to cover regulations as to indecorous language and personalities, there is no power given to punish for disregard of them,. and I do not think any can be implied, because "80 such power is necessary to the existence of such a body and the proper exercise of the functions *which it is intended to ex- ocute."--Doyle v. Falconer,. p. 340,• and further on grounds of public policy, for reasons mentioned in the cases cited. A plain reason is, that in an evenly divided body, a major- ity could be obtained for ono side, by the simple process of declaring some simple word, objectionable, one party being accusers, a partisan pre- siding officer exercising the judicial 'function, and the sentence of expun mon being carried. into effect. And .—filed • from Council of Culross, it •-grav°1 / Peter McLaren,' $50, part again, a member of the council is not gravelling on boundary ; from John salary. Meeting adjourned to meet there as an individual, but as repre-1 in Mellonaid's hall, Bluevale, Decem- • senting others on whose McKinnon, re drain ; from C. A. ber 160 1894„ at 10 °tie& behalf jories, Township Engineer, rc Powell that he ever received instructions. °ended by Mr. Musgrove, that the I do not think it necessary to go report of the Board of' Health be over all the grounds on this point— received, and adopted and that their the plaintiff's affidavit was a very accounts be paid --Carried. Moved full. and reasonable statement of by Mr. Cruickshank, seconded by everything important: Mr. Diment, that Robert Leathern be Now it is said that plaintiff cannot refunded $1.95, error in assessment object to the by-law because, 10 18 al- —Carried. Moved by Mr. Gemuaill, leged, he voted and spoke in favor of seconded by Mr. Musgrove, that on it. I cannot find as a faet that he the application of James Powell to did so. Tbo evidence is conflicting. have Government drain in cons. 6 One says he voted,- another that he and.? cleaned out , the Clerk be in - spoke. Plaintiff says no vote was strutted to send for the Township taken and that he merely remarked Engineer to attend to the same— when the motion' was put through, Carried. Moved by Mr. Diluent, that he hoped it would have a good seconded by Mr. Musgrove, that Jos. effect, This hardly amounts to Kitchen -be refunded $2.25 on account speaking in favor of it. But I can- of being assessed in the wrong School not see that any case is made upon Section and that the -same be taken which to set up the doctrine of from the money raised for No. 9 School ,aection—Carried. Moved by Mr. Diment, seconded by Mr. Mus- grove, that -Mr. Cruickshank be ap- pointed to examine John McKinnon's drain this week, and if it is a Gov- ernment drain paid for by assessinent that the Township Engineer be noti- fied to have it cleaned out—Carried. Moved by Mr. Gemmill, seconded by Mr. Diment, that Gavin Davidson be refunded 69 cents, error in assess- nient--Carried. Moved by Mr. Cruickshank, seconded: by,Mr, Di- ment, - that Mrs. D. Johnston be re- funded $1 dog tax—Carried. Moved ing his words. He might well have • by Mr. Cruickshank, seconded by done so, but he was within his right Mr. Diment, that the Reeve be.in- in refusing to submit to, what was a strutted to assist -the Treasurer to sort of punishment, a humiliation. It make annual statement — Carried. is as reasonable to say that the of- fended members could have let pass words that I cannot consider realty of any serious importance. • Before he uttered them the plaintiff was not by Mr.Cruickshank, seconded by Mr. being treated•with much delicacy. Diment, that Walter Paterson be re - Right or wrong he had been recogniz- funded 50 cents, for . error assess- ed to a certain extent as chairman. ment —Carried. Tho following ac - of the Police committee. He had counts were passed and orders on acted as such without objection. for Treasurer issued : Municipality of some time, and then his authority is Culross, $13.50, gravelling; Doff & Suddenly questioned and steps taken Stewart, 40 cents, lumber ; W. B. to remove hhu entirely from the corn- Towles, $4, Medical Health - Officer's mittee. It is said he neglected to call toes; Malcolth Lamont, 1.)5, Member the committee together, but it seems- Beard Health fees ; Wm. McPherson, the members wal not attend. -From $4, do.; Gemmill, $4, do.; Jas. the mayor's affidavit I - gather. that Elliot, $4, do.; John Burgess, $7,. when plaintiff Sought to explain Ile Secretary Board of Health ; Robert was asked to resign "rather than be Lowry, $4, charity ; Jelin J. Robin - put off." The impression on _my- son,. $2, culvert; Robt. Hogg, $1.50„ mind is that he was not being treated- repairing B. bridge ; Thos. Gil - fairly. On the whole, I think that mour,.$2.50, box and screen in drain ; the defendants other than the cor- Win. Hayes, $1.50, culvert; Howick potation are not entitled to particular boundary ; Robert Lane, $1.62, rail - consideration and having driven ing, Howick boundary; Robert Lea- Plaintiff:to this court, they should thorn, $1.05, error in assesSment ; J. beat- the cost. Kitchen, $2.25; do.; Colin Eadie, $2.14, clo. Wm.Eagleson, $4, culvert; • TURNBERRII. • Hugh Arekay, $1, refund dog tax ; The Municipal Council of the Township of Turnberry met in Me - Donald's hall, Bluevale November. 19th 1894. Members all present. Reid, $1, refund dog tax ; Mrs. John - The 'Reeve in- the chair. Minutes of. atoll, $1, do.; John Stapleton, $5.40, draining ; Arthur Stapleton, 40 cents, last meeting. read, approved and. gravelling ; Frank Wright, $1, re- signed. Comnamications were read fund of dog' tax; Samuel Leggatt, from Messrs.Cameron,Holt& Holmes, $22.50„ opening Kinloss boundary; re costs in Bryce's suit—filed; from Nelsou Ritchie, Civil Engineer. re _Smith & Pethick, $9:21, Spikes; R. Porter,$4, culvert; John Little, $2.25, appointment for Township Engineer Moved by Mr. Gernmill, seconded by fr. Musgrove, that Smith & Pethick be paid their account for spikes, less those got by Moore—Carried. Moved Walter Paterson, 50 cents, error in assessment ; Gavin Davidson, 69 ets„ do.; Mrs. Disney, 57 cents, do.; Adam .his duty and privilege to take part aratn_....411ad,t from James Powell) re • drain, The &CVO reported that • In the proceeding's. :Tong Buitagss, Tp. Clerk. The plaintiff has; therefore, in MY along' with Mr. MusgroSt lie had Bond r t" Sot arra 1) era (wrap.opinion ntivi to Got A "Sunlittre Pieture, been fin .• • • — 11%1 1.1 P ProPel13' lenION ed examined job of gravellince on Cut- pet beating the words "Why DOQS a WO. - from either meeting—certainly from ioss boundary, opposite lot 19, and an Look Old Sooner Than a man") to es that of Oetober 15, from which he was removed, not beettuse of funher found job had been accepted by Lever Bees., Ltd., 48 Scott St., Toronto, and you will receive by pest a pretty pie. offensiVe language, as to which there bad re • d 1 Onlross; also, that Sohn .T. Robinson . , ture, free from advertising, and well worth pant tot ar culvert on Utn framing. This is an easy way to decorate IS considerable rootn for doubt, buten-- your home. The soap is the best in I Lie 1)0=150 of his refusing to retract the ea Concession, at $2, and he recomm rl market itha it wilt only Cost one cent post. payment ; also, that Robt. IlOgg age to send in the wrappars, if you leave words of October litt, and in pur-, had. repaired.13. line b id ge, at $1.50, rho enas open. Write your address ear0. SUMO of the can..esied intention of A and he recommended payment; also, folly. • 1.0 KNOWLEDGE Brings comfort and improvemo4 and tends to personal enjoyment when rightly used. The aany, 'ho live bet. ter than others and enjoy life more, wi111 leas expenditure, by more promptly adapting the world's best products to the needs of physical being, will attest tho value to health of the puro liquid 3xativo principles embrs/aed in the Syrup of Figs. excellence is duo to its presenting la the form most acceptable and pleas- nt to the taste, the refrsshing and truly beneficial properties of m perfect Jax. ative effectually cleansing the system, dispelling colds, headaches and fevers and, permanently curing constipatior. It has given satisfaction to millions and mot With the approval of the medical profession, because it.acts on the Kid- neys, Liver and Bowels without weak- ening them and 10 18 perfectly free fror.a crveiy objectionable substance. S,yr9p of Figs is for sale byall drug- gists in 750. bottles, but itis manu- factured by the California Fig Syrup Co. only, whose name is printed on every package, also the name Syrup of Figs. and being well informed,you will not accept any substitute if offered. • CULROSS. Mr. A. Gordon, teacher in No. 3, has moved to the house on the Strath estate, and Mr. Wm. Castles takes possession of the one vacated. --The Patrons have changed their time and place of meeting and from henceforth will meet in a vacant house of Mr. J. McRae's.--•--The Temperance pee- iple on the 6011 con. gave an enter- tainment in the school house, which was a success in every particular.— Mr. Jas. Alliston, who was down with typhoid fever is recovering slowly.— To all appearance we have winter in earnest and some of the tardy ones are caught with their turnips in the ground.—Master Willie Goble, who had his arm fractured, is about all right again. TURNBERRY. The many friends of Prof. Thomp- son in this section will be sorry to read the following from the Toronto Globe. Me. Thompson is a brother of Mr. Jas. Thompson of Turnberry: "The graduates and students of Knox. College will regret to learn that Rev. Dr. R. Y. Thompson, who for the past four years has held the ehair of Old Testament literature -and apologeties, is too ill to continue his labors as professor at Knox Three weeks ago a pulmonary trouble !overcame him and he was forced to go smith for the winter at•least. There was a pro- tracted meeting of the Knox College senate Tuesday to discuss the filling of his place. It is understood that Dr. Thompson has tendered his resignation, and that after four hours' discussion the senate decided to let. the matter stand in abeyance for the present. In the meantime Rev. Mr. Ramsay, Mount Forest, bas been ap- pointed, to begin lectures after the new year on Biblical literature. Rev. Dr. Thompson took his course in theology at Knox and his arts at Toronto University simultaneously, and so brilliant was his career that he succeeded in heading the classes at both universities in the finals." cm* Forget that wildr you buy Scott's Emul- sion you are not getting a SeCret mixture containing worthless ,or harmful drugs, Scott's Emulsion cannot be sec- ret for an analysis reveals all there is in it. Consequently the endorse- ment of the medical world means something. • Scott's Emulsion ..szaxtmwsmwr overcomes Wearattz; promotes the making of Solid Flesh, and gives Vital S'Irength. It has no equal as a cure for Coughs, Colds, Soso Throat, Bronchitis, Weak Lungs, Contiontstlea, SAtefel a, Anaolia, Emaciation, and wasting DiseaSeS or Children., IWO& Bevil% naillatile: All Druggists. M. &&i. • G. MeINTYR, ANNOUNCEMENT.t, • (' 1111764.11111.1VOISPLINLYIELIM10101.4.0211 DRESS GOODS. Welwill not be undersokl in these goals; we nave them in ninny .cases below manufactures'. prices. MANTLES AND MANTLE CODS. • We are not undersold in these particular lines; a lot to clear out at =- half manufactures' prices; now is your chance, 'LJ We cannot be undersold in this department. We have them at right prices, so ourlcustomers say; don't miss them. WOOLEN GOODS. Wo want you to inspect then and buy, thereby saving from twenty to. thirty per cent.; they are going out fast. S _ Early in the season, we placed 01 ders in Eastern Tea Centres,. thereby securing the early lick leaf, which has a strength and flavour that is not obtained later, and this puts vs in a position to give you Teas right. 0TJEIIi 0-0033 Groceries, Boots and Shoes, Ileady-made Clothing, Hats, Caps and a great • many other lines to clear out at a price to suit the tunes. Dress and Mantle making on premises. All mantle goods bought here cat free of charge. Cutting and fitting a specialty. G. McINTYRE, MACDONALD BLOCK. WINGEAr- rinual4 all. ale. AR Wool Cashmere, extra wide 35e. for 25e. Heavy Dark Gray Costume Cloth, double fold..... .35 25 Lovely Cheek Dry Goods in black, white and. fancy checks.. " 30 125 " 1.00 100 " 90 ......25 " 15 35 " 25 • 60 " 45 Heavy Mantle Cloths, all shades An Wool Box Cloths , An Wool Cashmere Gloves All Wool Rebbro Hose Wool Shawls, all colors.. BARONS IN LAD ES' JACKETS, which you will have to see to fully appreciate. They are all new Goods, madetind trimmed in the latest styles. 011 P 1/1 A :IT T IA s speak for themselves. Once seen you cannot resist buying one. See our Famous Rock Island Hand -made Long Boots. See our Men's and Boys' Heavy Freize Ulsters and tisterettes. See our Men's Rigby Waterproof Dress Overcoats. See our stock of Men's Buckskin Mits and Chives. See our Range of Flannelettes from 5c. upwards. See our Men's Winter Shirts and Drawers, from 25c. up, and there are dozens of other lines of Goods which you ought to see and which we .Will be happy to show you. If you want genuine money-saving,hard time bargains, come and see our promises fulfilled! T. A. MILLS Wingham DON'T WORRY! TRY IT BRINGS COMFORT WASH DAY WEBSTER & CO. ..have decided, for a short time, to reduce the price for MAKING MEN'S TWEED SUITS $4.00 SPOT GASH. If you have any Tweeds at home, now is the time to save a doItar on the making of each suit, and get a good fit. First-class Trimmings supplied at.wholesitle prices for spot cash only. If you want to buy a Suit or Overcoat you Can save from $.1.00 to $10.00 (Al enth, by purchasing from us. WEBSTER & 00., Opp .site the lieW Macdonald Block, Wingiout. Merchant Tailor*, 1