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The Exeter Times-Advocate, 1950-03-09, Page 1
Seventy-sixth Year EXETER, ONTARIO, THURSDAY MORNING, MARCH 9, 1950 Single Copy 60 for of Ige Costello Upholds » s ii Judge T. M. Costello, of Gode rich on Tuesday upheld the ap peal of Edward Odbert against a conviction by Magistrate D. E. Holmes, of Exeter, under a sec tion .of the Lord’s Day Act. Od bert was .convicted of operating a roller skating rink at Grand Bend on Sunday. In his findings, Judge Costello .stated: “At the trial the only evidence was put in by the Crown, the defence calling no witnesses, relying on the correct interpretation to be . placed on certain words, particularly the true construction of the words ‘ordinary calling’ and in connec tion with such ‘calling’ the em ployment of any other person to do on that day, any work, bus iness or labor. . “The appeal is brought before this court as a trial de nova, and in addition to defence raised by .accused’s council at the pre vious trial, the ‘accused intro duces a new line of defence, peeking to prove that on June li9, the accused was not the actual operator of the roller skat ing rink at Grand Bend, leased it to the . other before that date. Not Before Magistrate “This evidence was course, -before .the magistrate When the accused was convicted, and if the court believes the statements made by the accused and his witnesses regarding a certain lease made covering the premises to the Wonder Grove Roller Skating 'Club, this would seem to constitute a good defence to the prosecution.” The judgement outlines the facts adduced at the appeal by the accused: That Edward .Alex ander 'Odbert, of Stratford-, de scribed as a railway employee, and his wife, Hazel R, Odbert, are owners of a roller skating rink at Grand Bend. Music was provided and skating equipment handed out. Robert A. Jordan, a student, was employed on .June' 13, by the Odberts, at a salary of $45 a week for six days a week. Odbert .swore that Jordan was never employed by him to work on Sunday; also that on Saturday, June 11, 1949, lie was warned by police not to operate on Sunday, and made a n an- noucement to that effect over the loud speaker. Evidence Reviewed According to the evidence on Friday, June 17, 1949, a num ber of young people at Grand Bend organized a roller skating club “similar to the Stratford Figure Skating Club”; a con stitution was adopted, officers appointed, and the club author ized to enter into an agreement with Wonder Grove Roller Rink for the use of the rink on Sun day and other days for the sea son for 1949, and the hockey season of 1949-50. By a verbal agreement the new club ,was to take over on Sunday, June 19. “Jordan swears Odbert never operated the rink and never re ceived any .profit from Sunday operation on or after June 19,” the finding continued. “The of ficers who visited the rink on -but had parties not of Sunday, June 19, .could be taken when they thought *bert’s presence was for the pose of superintending some of the operation. No Evidence “There is no evidence by witness for the Crown or other wise that .Odberts were gainfully employed in the operation of the rink on Sunday, June 19. “To register a conviction I must be satisfied that the Od berts were in effect the rink on Sunday and I must find Mr. 'Odbert and Jordan are believed when they pledge their oaths that an agreement was entered into between the lessors and the lessees before June 19, Surely it is too much to believe that the minutes of the meeting held on June 17, the written lease and other evidence before the court are part of a tissue of lies meant to mislead the author ities, and now, this court. I am not prepared after hearing the evidence and seeing the witnesses and exhibits to make such a finding. “I must find, therefore on the evidence, that on June 19, 1949, Odbert, the accused, .was not the actual operator of the skating rink at Grand Bend, and cannot be brought within the category of a person unlawfully carrying on or transacting the business of his ordinary calling for gain contrary to the Lord’s Day Act. “The conviction . should ‘quashed.’ I make no order to costs.’’ mis- Od- pur- part any operating June 19 and Mrs. not to be be as Nominated As Crediton Businesses Broken Into Sunday A thief on the prowl money broke into a .couple business places at Crediton some time during the early hours of Sunday morning. Th© general store of Fraser C. Brown was broken into and some silver amounting to stolen along ettes. At Joseph station entrance was made by removing a window pane ■and from $12 to $15 was from the cash register, police are investigating. about $4,00 was with some cigar- Bullock’s service Intact taken The Lions Sponsoring Easter Seal Sale During the next few more than 150 service throughout Ontario will in an annual sale of Last Six Seconds Dublin won the fifth and de ciding game to cop the “A” group championship Wednesday night at the Arena. And they did it in the last six seconds of play* With the teams tied up at four goals apiece Bailey grabbed the disc off the left .boards and worked his way to the Exeter net to shove it into the hemp for the winning goal. It was a thrilling climax to a close-check ing, first A the trimmed 15-5 in the first game of the semi-finals against Zurich, asked to jump into the “A” divi sion against Exeter and were granted that concession by the locals. After dropping the first game they dumped Exeter in fhe next two. The Monarchs tied the series in Seaforth Monday night and Dublin snatched this all- important victory to advance into the next round. McDonald and Ryckman sent Exeter in the lead by the half way mark of the initial frame. Two minutes later Butters drove in a long screened shot to make it 2-1* Dublin tied the count with the only goal of the second period, Costello grabbed a clearing .shot to rifle it back again into the Exeter cage. The teams threw most of the caution to the winds in the third. Har, and Doug BrintnOll broke the tie in nineteen seconds with Har. getting the marker. The score was again tied when Bailey tallied from a scramble at 3:21, In less than a minute the Mon archs were back in the load on —Please Turn to Page Seven see-saw struggle from the whistle. MC" entry by classification Dublin team, after being Head Of Synod The Presbytery of Huron- Maitland of the Presbyterian Church in Canada met in Clinton Presbyterian 'Church on Tuesday, February 28 at 10 a.m. Ministers and elders were pres ent from Kincardine, Wingham, Brussels, Bluevale' and Belmore, Seaforth, Exeter, Hensail and Clinton. Rev. George Milne, moderator, presided. Several matters arose from the correspondence read by the Clerk, Rev. P. A. Ferguson, Hensail, among which were the filling of two professional chairs in the Presbyterian College at Montreal; the reception of sev eral -ministers in to the c-hurch; the sale of property at Bervie. •Commissioners to the General Assembly to be held in McVicar Memorial Church, 'Montreal, , in June were appointed from the Presbytery, viz: Dr. C. H. Mc Donald, of Bluevale, and Rev. John Hutton, of JMiolesworth and Gorrie, with elders from South Kinloss and Kinlough, and from Lucknow and Dungannon. Report from the General As sembly’s .committee on the pre Assembly Congress, which is to ■celebrate the 75 th anniversary of the union of the four branches of the Presbyterian Church in Canada as of 1875, was read and delegates to the Congress were appointed by the Presbytery, as well as those to represent the Young People’s Societies and the W omen’s Missionary Societies within the bounds of the Pres bytery." Rev. A. Lucknow gregations candidates March 5. Tentative made for an itinary through the Presbytery for Rev. Allan Reoch, one of the church’s missionaries to Manchuria, and China, if pos sible, some time in April. Representatives from the Pres bytery were appointed to serve on the committees of the General Assembly. The nomination for the Mod erator of the Synod of Hamilton and London, made by the Pres bytery, was Rev. D. I. Lane, of Clinton, who had served over 30 years within the Synod. The name of Rev. Carlyle .Web ster of Charlottetown, PEI, was put into nomination for the Mod eratorship of the General As sembly, as the choice of this Presbytery. The Presbytery endorsed a strong resolution, expressing its protest against the enactment of any possible provincial legisla tion permitting the commercializ ation of sports in any municipal ity in the Province on the Sab bath, and copies of the resolu tion were ordered to be forward ed to the local members of the Ontario Legislature, and to the Provincial secretary. Permission was granted by the Presbytery to the congregation of Whitechurch to sell part of the Glebe, at present belonging to the manse property. Two rep resentatives of the congregation spoke for the congregation, con cerning this request. The next meeting of the court was arranged for in St. Andrew’s Church, Winghain, Oh the second Tuesday of May, Nimmo reported that and Dungannon con- will begin to hear ■for a call on Sunday, arrangements were weeks clubs engage Easter seals. In Exeter the campaign is being Club, ■behalf which vigorous cannot help but appeal to every one. That objective is the meeting of medical and surgical skill with children who often other wise would not receive such at tention. The Ontario Society for Crippled Children has grown from a big idea with a small be ginning to the point where today it aligns scores of people in a chain of curative effort for hun dreds of children. Its methods are simple. In this scientific age we have the skills to correct conditions which cripple. Yet we also have count- with such such those sponsored by the Lions Their efforts will ‘be on of an organization of they form a yital and part whose objective less children either born deformities or stricken by pjagues as polio. Many children, in fact most of who are most seriously affected, live in remote areas or in com munities where tention is not are children of sufficient funds attention. Through its each specially trained and recog nized by the government as qualified medical officers, school officials and similar authorities. Clinics are held to which the Society brings outstanding con sultants—volunteers from famous hospitals. Here diagnosis is made treatment prescribed and, if needed, arrangements made for hospitalization. This work is sponsored in local centres -by service clubs. Upon the clubs fall heavy ex penses. The volume of -benefits to children has grown tremend ously in recent years; so has the cost. Every seal sold for this cause means the work can con tinue and another child will be helped. Remember this when you this specialized at- available. Many families with in to provide such district nurses, are offered Easter Seals year. Kinsmen Make Appointments The newly formed Exeter Kinsmen Club held its first regu lar meeting at 'Club Monetta on Thursday, March 2. The attend ance at this meeting was very disappointing, due mostly to the inclement weather conditions. Several members of the London club were unable to be present because, of the -poor visability for driving. The executive -had drawn up a list of committees and appointed chairmen to head each group, prior to the meeting. Each mem ber was then appointed to act on a given committee. Three di rectors, Ray Wtterth, Eric Suth erland and Art Cann 'had also been named by the executive, along with Doug Pryde. was appointed chairman of the attendance c omini tt e e; John Christie, Club History and Kin Education; Graham Mason, Mem bership; Don Traquair, Pro gramme; Jack Fulcher, Fellow ship and Music; Lee Learn, Inter Club Relations; Glen Mickle, -Service; Reg McDonald, Finance; •and Eldrid Simmons, Publicity. It has been decided to hold Charter Night on /March 30, tile place to club can Kinsmen expected ■colorful occasion, Two Intersections The municipal council of the Village of Exeter held their regular meeting in the council chambers Monday evening with Reeve Sweitzer, Deputy Reeve Snider and Councillors Linden field and Webster present. The minutes of the last regu lar meeting of February 20 were read and adopted. Communications and dealt with as tral Mortgage and poration, regarding amendment to contract, Filed. Central Mortgage and Hous ing Corporation regarding septic tank maintenance. Filed, Railway Tax .Distribution, .garding credit* Filed, Department of Highways, garding subsidy. Filed. Ontario Municipal Board, garding proposed erection of a public school. It was moved and seconded by 'Deputy Reeve Sni der and Councillor Webster that the Public School Board be ad vised of -consent of the Munici pal Board. Beck garding Filed. Bell Canada, ment.. Filed.The Workmen’s 'Compensation Board, regarding Cornish. Filed. Motor Vehicle .Branch, regard ing traffic by-laws. Filed. The Officers’ Wives’ Auxiliary, R.C.A.F. Station, Centralia, Ont., seeking permission to hold a tag day in Exeter on Saturday, April 15, 19 50, the funds collected to be donated to the South Huron Hospital Fund. This request for permission to Mold a tag day was granted on the motion of Councillors Lindenfield and Webster. Imperial Oil Limited to blockage of,, road property on railway way. Reeve Sweitzer -that he had already persons owning the were read follows: Cen- Housing Cor re rev re Memorial Sanitorium, re admission of patient. Telephone Company of in regard to assess- Cars Collide At North End Saturday With both drivers on wrong side of the road .an auto accident took place Saturday evening on No, 4 Highway at the north end of Exeter. . Clement Regier, of R.R. 2, Zurich, was motoring north and Gord, Wren, of Kippen, . was coming south about 8.45 ,p.m. According to re port one car was travelling on the centre of the road and an attempt was made to pass on ,the wrong side when the cars collid ed, Damage to the Regier car was estimated at about $2'00 and to the Wren car $150. Prov. Constable William Coxworth in vestigated. Huron ML A Urges Uniform Daylight Saving Period Speaking before the Legisla ture in Queen's Park, Toronto, on Friday, Thomas Pryde, of Exeter, Progressive-Conservative member for Huron, .advocated a uniform period for Daylight Sav ing Time throughout Ontario. Mr, Pryde said he believed every municipality should have the right to decide whether or not they would go on daylight saving time but the Ontario Gov ernment “should take a hand" to see that communities who chose to use fast time would tire Rebekahs Honor / Vice-President Thirty-five officers and mem10f’CP “ •bers of Pride of Huron ,RebekahH * Lodge attended a banquet a! Club Monetta last Wednesda/ation — but night in honour of Mrs. Jeanbefore calv- Burch, Assembly Vice-Presidentjdy — jf sbe of St. Catherines and Mrs. Ethel . ,Boyes, Dist. Dep. ’Pres., of Sea-11- you in ner forth. The tables were attractivebuild nearly with spring flowers and candles. 1f with .*Following the banquet, the*11, vvlLn regular meeting was held in thef calf a day, lodge rooms with Amber Re-)b she needs bekah Lodge of HenSall , as guests. Mrs. Walker, N.G. and and cooling, her staff -of officers from Hen- sall conducted the opening cere monies. Mrs. Gladys Chambers, N.G., / Bone Building then took charge of the meeting and welcomed Mrs. Burch and begin and end the daylight sav ing period -on the same dates. Last year “due in great mea sure to the action of th® City of Toronto in extending the day light saving period beyond the point when it normally ends" conditions throughout the pro vince became ‘chaotic,’ A motor ist could never tell what sort of time was observed in -the next community he came to. Urges Pension System A system of .contributory old age pensions in Canada was also advocated -by Mr. Pryde who hoped the day would not -be far distant when the Government of Canada would act on the problem of pensions for the aged. The Huron member said that humane ‘administration in ore of old people, widowed and eserted mothers will be lacking mtil such times contributory jensions come into effect. He referred to the struggle any aged persons whose savings were small are 'having meeting the high living costs of today. HMost of them were pioneers in the province and deserved better ^treatment than they are now re ceiving, he said. Food Contracts i Recent cancellation of British ’food contracts may have a far- freaching effect on the income of [Canadian farmers, he said, citing Jhis own riding, noted for its egg production -as one area -feeling (the loss -of United Kingdom mar- Milckets. "Though I do not excuse ithe Federal Governmen, we .must admit that conditions 'far beyondMrs. Boyes as they were intro- J Ip P W P M I IM C'Cits control are mainly respons- duced ‘by Mrs. Lena Kirkland,** ■ a-w a i s ■a'w ^^Hible," said MT. Pryde. “I wish “’everyone would eat more eggs “land tell their friends to do so.” Ag "No one in this House will dis- tle *pute the assertion of the Opposi- sfa]ition Leader that something can so^surely be -done about what he cov?desribed as the food paradox— , *a,n over-abundance of food on .."this continent and people starv- tl0Iang in Europe and elsewhere." The great humanitarian appeal SOof •the member for iBellwoods (A. ^A. MacLeod) had much to com mend it," continued Mr. Pryde. '‘All in the House regret the fact that many men are jobless find it necesary to sleep on floor of mission houses in city.” j “I can also agree with lAnember for South Grey (Far- fquhar Oliver) in much of what he said about the necessity for some plan to re-allocate the re sponsibilities of the various levels of municipal government. No one can deny that municipal budgets are steadily increasing, not be cause of grants, but in spite of them. Without these grants mun icipal affairs would have been in a chaotic condition. Mr. Pryde said he was sure Premier Frost will do all he can at the Dominion-provincial con ference to bring about a remedy. The Ontario government, he claimed, had given great assist ance to education and farming. Grants have enabled school boards to pay better salaries to teachers and he believed many schools in the province would have been closed for want of teachers had this assistance not been given. In Huron, attendance at sec ondary schools bad increased Si) pel* cent in the last four years. There were 24 bus routes operat ing in his riding and carrying 728 pupils 1.600 ** and from school, closed. Hydro Expansion Expansion of to many thousands of people on the farms was lauded by the member. Rural hydro .was one improvement which is helping to keep young people on the farm, he contended. “In the words of the premier, a few days ago, his Government does not want to have its use fulness measured by the millions of dollais it spends, but by What it has done to improve the lot and living conditions of the : people of this province, Mr* Pryde continued. “We must meet the challenge of the times. Much depends on the actions of government at all levels. We, of course, have no direct influence in the inter national field, but in our own field, sound legislation, enacted, to provide opportunities and justice to all will do much to maintain peace and harmony, “This Government has a sound program which will keep the wheels of industry in motion to create employment for our people and with a resulting demand for the food produced on our farms. “That is the cycle we wish to have prosperity and contentment brought about by self reliance and independene. Ontario will then have gone far to help build a strong Canadian nation, *‘A few days ago we heard that good old Presbyterian hymn —« Lead Kindly Light—Which seems to sum up the difference in at titude of each side of this House —optimism oh one side, gloom, ■ on the other,” Mr* ,Pryde con cluded. J.P.G. and Mrs. Kay Cann P.N.G. Mrs. Burch was greatly im- pressed by the number who >hadpop egg prices nowadays braved the stormy weather to berun from June to October present for her official visit. Her or November-and there-s a address to the combined lodges bi premium for big eggs. was instructive and inspiring. , *.“ ... .Miss M;ary Gardiner, Con. .a'nd Aim for that top price top Miss A. Consitt, (P.N.G. madeFre™lu™- Start good chicks presentations to Mrs. Burch onearly> start them right! behp-lf of both lodges. At the close of the meeting CHICK STARTENA, lunch was served .and a social____________________£ time enjoyed. in regard to their right of reported instructed _____ ___ „ property causing the blockage to have it removed. By-law 7, 1950, amending by law 5, 1950, and prohibiting U turns at the corner of Huron and Main and the corner of Sanders and Main was given its three readings and finally passed on the motion of Councillors Webster and Deputy Reeve Sni der. It was moved and seconded by Deputy Reeve Snider and Coun cillors Lindenfield that Daylight Saving Time be adopted for the summer of 1950 and that it be in effect from 12:01 midnight, Sunday, April 30, to 12:01 mid night, Sunday, September 24. Mr. Tait, tenant of Mr. Percy Tyerman’s house on Andrew St. north, asked for placing of a street light. No action. The following accounts were read and ordered paid on the motion of D/puty Reeve Snider and Councillor Webster: Exeter Public Utilities, street lighting $250.92, town clock $1.50, town hall $7.99, $260.41; Graham Ar thur, gas and oil, wrecker ser vice (truck), $11.49; James P. Bowey, coal, town hall, $63.45; R. G. Seldon & Son, coal, town hall, $26.20; Dr. M. C. Fletcher, balance immunization ’49, $25.- 50; Exeter Public School Board, part appropriation, $2,000.00; Lindenfield’s Ltd., ballot boxes, $7.50, supplies $6.75, $14.25; Mather Bros., gas and oil, truck, $7.60; E. L. Gibson, gas, tractor, .80; South End Service, towing 'snowplough, $2.00; Snell Bros. & Co., gas, tractor, $2.50; Super test Station, gas, truck and trac tor, $22.04; Exeter Motor Sales, -gas, oil, service, tractor, $29.60; Newton Motor Sales, gas, oil, truck, $3'.87; W. C. MacDonald, snowploughing streets, $195.00; William Laverty, labour, $43.67; Samuel Grainger, labour, $33.- 73; Chester Cornish, labour, $69.10; Edgar Mawhinney, lab our, $26.24; Gerald Cornish, labour, $8.45; Norval Jones, snow loader $60.00, truck $20.- 00, $80.00; Sam .Sweitzer, truck $48.00, snowplow $31.85, $79.- 85; Receiver General of Canada, tax deduction, $5.95. All motions were carried. Ad- of Sweitzer Two Accidents I a bulletin editor, Irvine Armstrong be decided later. If accommodate them, from district clubs to be here for Cold Spell Worst Of Year The coldest spell of the year and the worst storm of the sea son visited this section .Thursday of last week. The school busses were unable to make their daily trips and tile scholars enjoyed ,a holiday. Friday, all but one Of the busses made the rounds. The rural mall couriers started out on their trips and made a partial delivery. No. 3 route in Usborne township was fairly well .covered. The thermometer dipped to about ten below Kero. The snow has again largely disappeared. journment on the motion Councillor Lindenfield. Help In Survey An intensive effort to com plete a survey of crippled chip dren in Huron County is being made by members of the ten county Lions Clubs who are seek ing to gather the names of all handicapped county children be fore the .opening of a free clinic in the Huron County Public Health Unit, Clinton. An appeal is being made to those having knowledge of such children to send names either to Andy Snelgrovo, chairman of the Health and Welfare Committee of the Exeter club or to the secretary-treasurer, c. H. Epps, Clinton, not later than Friday, March 10* South Of Exeter During the severe snowstorm Thursday of last week there were two auto accidents on the high way south of Exeter. About 8.45 a.m. Dick Watson in one of Pop’s taxicabs was motoring north near the Middlesex - Huron boundary with several airmen bound ,for the Centralia Airport when his car was sideswiped with a car going south driven by Harold Patterson. Damage to the Wat son Taxi was estimated at $300 and to the Patterson car at $125. Prov, Constable Win. Coxworth investigated. About 1.3.0- a.m. another ac cident took place one and a half miles north of Mooresville which involved three motor vehicles. A car driven by Wesley Charlton, R.R, 3, Merlin, struck the rear end of a Swift Canadian truck driven by William J. and collided with Transport age to the mated at Constable vestigated. Owing to the storm the Motor ways busses out .of London were cancelled and about 25 cars were stalled in the drifts in the miles south of Exeter. Clement a Shoreline out of London. Dain- Oharlton car was esti- about $40(0.00. Prov. White, of Lucan, in or The Canadian Legation that attempted to flee China in. Janu ary and the boat on which they were travelling was held up for nine days as it attempted to run the blockade in the tuary. Mr. Rankin spoke mendous inflation in money. At one time his bank ac count showed him to be a multi millionaire in Chinese money while at another time he was overdrawn several million dol lars. He and Mrs. Rankin were in Shanghai when the Communist army captured the city. There was a great firing of guns and a loud din for several hours and then dll was quiet, The next morning there were no signs of a conflict and business went on as usual. As the Canadian gov ernment have not* recognized the Chinese Communist government the Canadian Legation at Shang hai had to be .closed. In many respects Shanghai is a modern city with modern buildings, travelling facilities and modern conveniences. Rents were excep tionally high. He said it was difficult in convincing Ottawa that the rent for the flat in which they lived was $5,000 a year. Lion J. G. Cochrane ex pressed the thanks of the mem bers for the interesting address. Yangtze es-t of the tre- .Chinese five Averts Disaster, Dies Of Seizure Mr. J. Lome Baskerville, aged fifty-six, of 1033 Trafalgar St., London, whose early life was spent in Exeter and who for the past thirty-five years has been a brakeman with the C.N.R., died suddenly Sunday night from a heart attack after he had averted a wreck near Hamilton. The ; heard early cast. The railroader, tail-end man east-bound freight train, to light as pieced together details of the in cident. Mr. Baskerville, carefully checking his train from the caboose, noticed a red glow ahead, indicating a burning bear ing on a box-car axle. This con dition can quickly cause a bro ken axle and derail the train. It was this condition which is said to have caused the accident on the C.P.R. line near Bothwell in which twenty-one cars of a freight train were derailed Mon day* Mr, Scouts & Cubs Collect Paper Eleven and a half .tons of scrap paper were collected around town last Saturday by the Boy Scouts and Cubs. Among the leaders who sparked the drive were Ted Buswell, Eric Suther land, Mel. Alderson, Doug Pryde and Bill Vyse. Several trucks were loaned for caslon. The boys are grateful ney Furniture, Larry Jones & McNaughton Pryde & Son for the their trucks and to the public for their splendid response. local the oc to Din- Snider, and T. loan of news of over the Monday alertness and the this the in lies a day to Mr. Pryde dis hydro services his death was radio with the morning broad- of the veteran on an came railway officials Taskerville reached for the emergency stop cord and brought the train to a halt near Aidershot, near Hamilton. Thon —.Please Turn to Page Twelve Slippery Sidewalks Sanded With the slippery condition the roads and sidewalks later part of last week the walks on the main street were given a coating of sand and calcium. The weather turned mild Satur day and the sand made no little mess as it was tracked into the stores. of the Returns From Westminster Mr. Norman .Hockey returned home last week from Westmin ster Hospital where he was re ceiving treatment. He is recup erating nicely and is able to be out for the occasional walk. To Visit Relatives In England J|dr. M. Hardman leaves Friday by plane to visit his relatives in England. Mrs. Hardman and little son will gd to P.E.I. to jdsit her relatives. They will be away about six Weeks,