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HomeMy WebLinkAboutThe Exeter Times-Advocate, 1925-11-26, Page 411111 DAV, NOVk%lSIJtj1f E ;243,. 025 ‘‘Caliiing up prospects by Long Distanceis the best way to advertise. our e -Mutat a Enos Marchaat lajlte toughest prospects yieict to long D ,sea ce saing +7UDQJ3 LEWIS GIVES SEAT w S.1'OT`CON Arguinent in ,the recount` of the ballots east in the election of Oct- ober 29th in North litiron was heard by Judge Lewis on Monday after- noon;' of last week. Shirley Deni- son, Toronto, .and Dudley I-tolfnes,, Wiugham, appeared for the alrhli- cant, Geo. .Spotton (Conservative candidate, and Jas. A. (fornaerlY Judge) Barron, of Stratford, and R. Vanstons, Wingh.uni, were present for J. W. King (the Progressive member -elect). ,a Mr, Denison in his argttment laid stress upon the principle of secrecy of the hal; lot, while c&unsel for Mr, I?`ing4it- ed precedents to show that the in- tent of the voter was the vital principle involved, and pointed out that the law specially provides for the counting of ballots from which the counterfoil had not been de tatched. Judge Lewis released his judge- ment at 8 o'clock last Thursday ev- ening, a slip of paper attached bear - DOMINION OF CANADA WAR LOAN BONDS MATURING lst DECEMBER, 1925 THE BANK OF MONTREAL, under authority of the Minister of Finance, is prepared to redeem the above bonds in full at maturity, without charge, at any of its Branches in Canada. For the convenience of owners of the bonds, the Bank of Montreal will accept the bonds at any time prior to December 1st, and will make payment in each case o December lst, either by issuing a cheque or by placing the amount to the owner's credit in the books of the Bank, as the owner may desire. lll�(I 1(4'' Letnze help you settle the ftour questi once and for all! riiNLY the best flour makes the best bread, pastry and puddings. Inferior flour, or flour that varies in quality endan- gers your success in baking, reduces the food value and appetizing qualities of everything you bake. I, your retailer, select for you; table the best of everything on the market For your baking. I select Purity Flour because all the years I...have been in business Purity Flour has never failed to please my customers: I offer you this. •silk -sifted, oven -tested flour with the understanding that if it does not make the best ,bead, pies and cakes you ever baked you 'nay re- turn the unused portion and I will return the full. price of your purchase. Could anything be fairer? Let me send a trial bag of Purity Flour with your next order. You'll be delighted. Sind 30c. in stamps for the 180 page Purity Flour Cook Book.. :Sent Postpaid. ' ERN CANADA r'LQt11 •. l'VMILI: $ •29.;: Loaf= good t ce-•-1oacmixo Dratrhes frbrti.,eoast to coast r'i:.2wn�d" k�l saran NARA SPRIMC WW1 qunity rrcuR 24 Lbs. "m47 em.osti WbE1�ICf1 [bMON?A� UPITJr pcolig. THE Eurm T1M S VQCATE: ing his count Of the ballots.: King, 5077; Spotton, 50$8. The judgment is as follows: The returning officer's first certieicate states that King received 6,34 votes; Spottou,.5,173 votes. Total; 10,515 votes. I personally. handled and recount,- NI all of said votes, except those o.r throe polis hereinafter referred to; and I am indebted to the two senior counsel, Who were in the final argu- ment, and to the two junior counsel, who were acting all, the way through, fox' their assistance, in my arduous task. t commend then for the fair and able manner in which they conducted their work through- L out. There, were about 140 ballots, from 45 polls, objected to, and laid aside, for later consideration, I have allowed and counted all but five of these ballots. I have sealed up all of same, in separate envelop- es, for their respective' polls. Scat- `tered ammong these ballots 'objected to, were `a number with counterfoils' on. These ballots,' I found, came under. section 62 ss. 3, of The Do- minion Election Act, and I allow same, they being otherwise in 'prop- er form. These, I consider, G to have their counterfoils left On l me by inadvertence. rr� On opening the packets, said, by D.R.O.'s endorsation , on same, to contain the following votes, viz: Poll No. 2, Grey, for King 88 Noll No. 2, Grey -for Spotton 24 Poll No. 6, Grey, for King 90 Poll No. 6, Grey, for Spotton ., , 39 Poll No. 7, ,Ashfield, for I{ing482 Poll No. s, Ashfield for 'Spotton 19 making for King, 200 votes; for. Spotton, 82 votes; an aggregate total of 342 votes. I found that all the ballots had their counterfoils attached. At once, without looking at same, or; allowing same to bo looked at, except sufficiently, to as- sure myself and counsel for the can- didates, what they were, I ,sealed same up again, and reserved same for further consideration. Argument of counsel was deliver- ed on November 16th, 1925. In forming the conclusion 'that I have reached as to these three polls arid ballots therein, I have consult- ed a great many authorities and es- pecially refer to the judgment of Justices Idington, Duff, Anglin, Brodeur and Mignault, of the Su- preme Court, in the West Calgary Election case, vol. 64, page,„ 235, of Canada Supreme Court Reports. This report says, on page,�254:' "At this late day, it is strange that citizens of this country should not be .familiar with the manner of voting. And however regrettable it may be, that the will of the ma jority should not prevail, still that will must be expressed in the requir- ed manner. Otherwise it is of no effect." Also South Oxford Case, Appeal Division, • Ontariorem u Court, e Cou t p, , vol. 3.2, page 7, of Ontario Law Re- ports, Justice elute, delivering jus- tice says: • "The . object,. of the 'act is to sec- ure complete secrecy in voting. The counterfoil is destroyed, as soon as the deputy returning officer identi- fies the number of it with the.num- ber opposite the voter's naizfe. The= clause requiring the. official stamp prevents frau4, -and gives security. to those having the right to vote, by ensuring the use only of ballots is- sued by the returning 'officer,' the identity of which shall be cert:"ified by the official seal, furnished by the, Clerk of the rown in Chancery. stamped on each ballot. "To permit ballot papers not so stamped, to be used, would, in the a language of Lindley, L.J., approved by Lord Blackburn in the Young Case in effect be repealing the Act of Parliament, and -would deprive the public of that protection which Parliament intended to secure for them.,, In Owen,aound Case, Ontario Law Reports, ,Vol 27, page 230, Justice Lennox says: - "Secrecy is, now a basic principle of our municipal voting; and if it is important in a municipal contest it is vital in a vote, upon a tense social question, such as this.... it is the statutory .,method that gives meaning and validity to the vote." I also refer to South Waterloo Provincial •Election, vol. 55 Ontario Law Records • (1924), page 250. Here it says, that where ;irregular- ities at the polls are traceable to oversight or mistake, up - downright carelessness or ignorance of the• of- ficers responsible, it is impossible tosay that the election was con- ducted in accordance with the principles, laid down in the Act. In the Windsor Case, 1924, On- tario Law Reports, vol, 55, page 288 Justice Logie says: "If, the election was not conduct- ed in accordance with the princip- les laid down in the Act, the saving clause does not apply, and the elec tion must be voided-" Justice Strong in Haldimand case Supreme Court of ‘Oanada,."vol, 15, page 515, says:, , "I hold secrecy to be imp• sed as, an absolute rule of public 'policy, and that cannot be waived." MY r own opinion is, that secrecy is the •basic principle of the Act, and that the loss ; is vital, if it is not present. Secrecy is '.fundarnezital,; and of the first' necessity, and the very life and meaning, of,:the Acta.' The saving,- Clause in section 62•, ss. 3; is: governed' • bythe word, "in-' advertence," and I interpret this clase to mean that, if a p.R.:O un- wittingly, by mistake, forgets te, re= move a counterfoil, in the Manner that a bank teller makes a 'ilii take in counting a large parcel or bank bilis; the D.R.O. or the judge tak ing the recount, • may remedy this oan.isxiox, but' this cannot possibly "include ;tlie ,fat it ,,,of a' deputy re- turning offieer,,,who., e-turning'offiter,,who,. either through Wilfully mistaking the law, or through carelessness . or ignorance, leaves a ,whole ,1 o1l. of ballots vkith. counterfoils On. • I, accordingly, do not count the ballots for the said three polls and I leave seine sealed up, as '' ,abo've stated, As,one of the principle points, is Volved was the non-dompliahceof three returning officers With the re- uuireinonts of the statute; there• After five years in Mitchell Dr, E. ' as $old his v to D. C. • A, �ltouse �.zl�Xs.: Edgar Mills,f the butcher shop .his business in W with' his house and Stevens of St, Ma will take. possess Mr, Mills will can he St. Mays store. M. lckett h eterinary practise , :of List- owe , ST, Ni pro- prietor o op here, has sold oodhani, together,property to David rys, Mr.. Stevens ion this week, continue to operate.[. CLIlARI11TG AUCTION' SALE of-- FARM STOCK AND IMPLEMENTS James W. Watson, Auctioneer has received instructions from Mr, Ken- neth McLeod to sell by public-auc- tion, ublic-auc-tion, on • LOT T 29, CON.,..14 HIBBERT BOUNYA'tY. - On WEDNESDA", DECEMBER 2, 1925 at oneo'clock sharp the following: HORSES -Driving horse 9 years old, agricultural mare 8 years old, agricultural mare 12 years,. old. CAT'T'LE -Cow due in January, cow due March 1, cow due April 2, cow due April 24, cow due Febru- ary 26, cow, due March 10, cow with calf by side, 2 farrow cows, yearling steer, 3 yearliug heifers, 2 spring calves. - HOGS -Sow due. Feb. 15, sow duo Feb. 20, sow - due time of sale, 4 Digs about 175 lb:, 9 pigs 2 months old, 9 pigs 2 1-2 months old. POULTRY -1" ,Pair Geese. IMPLEMENTS -Wagon,' Frost & Wood binder, 6 ft. cut; Frost & Wood mower, 6 ft. out, fanning mill breeching for team harness, sap pan, sap heater, 75 new buckets, water trough. TERM(. All sums of $10 and under, cash; over that amount 11 months' credit on approved joint notes with 5•.".per' cent. straight off for cash in lieu of notes. Positively no reserve as propriet- or'is giving up the farm. KENNETH 'McLEOD, Proprietor JAMES W. WATSON, Auctioneer AUCTION SALE =of - FARM STOCK The undersigned has received in- structions to sell, by public auction on LOT 22, CON. -3, USBORNE -on- - THURSDAY, DECEMBER 3, . 1925 at one o'clock sharp the following: HORSES -Heavy mare 1700 lbs., heavy. horse-,,, 1500 lbs., heavy mare 1600 lbs., 2 ,general purpose mares. CATTLE -Durham bull, cow due at time of sale, 2 cows due in De- cember, cow due in January, cow due February, cow due in -March, cowdue in April, 2 heifers milking g if good, 1 2 -year-old he fer, 4 yearling g heifers, 1 yearling steer, 10 spring calves. POULTRY -20 White Wyandotte hens and arooster; 2 African geese. 1 gander. 20 tons of timothy hay, straw to be .fed on the . place; 10 ft. ensilage in silo to be fed on the^place, 1000 bushels of oats; 7 loads of alfalfa hay, quantity of roots. Positively no reserve as propriet- or is leaving the farm for the win- ter. TERMS 6 '-months' credit on furnishing approved joint notes, 5 per cent. per annum off for cash. Hay and grain cash: J. I. MOIR, Proprietor FRANK TAYLOR, Auctioneer AUCTION SALE --.of._ ppm, FARM STOCK AND IIYIPLE- MINTS W, E. Nairn has been instructed to sell by public auction on LOT 1, CON. 12, TUCKERSMITH on - TUESDAY, DECEMBER 1st, 1925 at 12,30 p,m. the following HOUSES -Team of horses aged 9 and 10. years; mare 8 years old, gelding- 5 years 'qid, driving mare,. quiet and reliable, aged eight years, suckling colt, heavy draft, 6 months old. REGISTERED CATTLE Carrie A. 2nd, 206084, female, white, born December 20th, 1923. Carrie 8th, 109248, female, red, born March 6th, 1913. Seaforth Lassie 6th, 206142, fe- male, red roan, born December lst, 1923, Carrie 10th, 1759.93, female, red born August 1st, 1920.. Carrie A., 196706, female, dark roan, born November 4th, 1922. Seaforth Duchess 2nd, 159766, roan, bora December 16th, 1918. Seaforth Duchess 4th, 203455, red roan, born July lst, 1923, Seaforth Lassie 6th, 194799, red, born June 15th, 1922. Seaforth Duchess 5th, 211623,, white, born August 4th, 1924. Lady Sample, 145997, roan, born April 2nd, 1918. ',Martha B., 171686, female, red, born February 22nd; 1920. Lady Sample 2nd., 180983, fe- male, ;roan, born January, 5th, 1.921. Stock bull, bred by Mr. Peck, Sul - tin • Ramsden, white, born October 19th, 1921. THOROUGHBRED CALVES Nine calves under one year old, eligible for registration. GRADE CATTLE One, Durham co* just calved; one Durham. cow due to calve in two months, tweg small calves; about 75 hens and pullets. GRAIN -100 bushels of beans, 300 bushels of, oats, 100 bushels of barley, about 20 grain bags and about, 20 sacks. IMPLEMENTS -M. -H. binder 7 foot cut, binder truck, M. -H. mower 6 -foot cut, F. & W. 12 hoe seed drill, M: Hy'spring tooth cultivator, M. -H. beans cultivator and puller complete, new wagon, farm wagon, hay rack, stock rack, steel roller. 5 -section harrows, . hay rake, No. 1 buggy," second buggy, set bob sleighs cutter, low down manure spreader, walking plow, laud cultivator, scales 2,000 lb., fanning mill, hand scuf- fler, slings, rope and car, set single harness, 2 sets double harness, half. set double "harness and about six good collars,; neckyokes, whiffle - trees, bag truck, 3 sugar kettles, 2 sap pans- and 'heater, galvanized store tank 350 gallons capacity, 175 sap buckets, DeLaval cream separ- ator about 600 lb. capacity, a quant-, ity of turnips in root house, root pulper, wheelbarrow, ladder,• forks chains and other articles too num- erous to mention, -• AUCTION _SALE - of -" FARM STOCK IMPLEMENTS AND HOUSEHOLD EFFECTS The undersigned has received in- structions to sell by public auction, on LOT 4, CON. 3, USBORNE -on FRIDAY, NOVEMBER 27th, 1925 at 1 o'clock- sharp the following: HORSES -Belgian mare, 4 years old, supposed to be in foal; Perch- eron mare, 4 years old, supposed to be in foal; mare 7 years old in foal, 2 year •old heavy colt. ' CATTLE -Cow freshened in Oct- ober, cow due in March; cow due in Decemper; cow due in January; cow with calf at foot; -'Jersey cow, milking; red cow, milking; three choice baby beeves, 2 spring calves, 3 steers •weighing 1100•'polinds; 3 heifers;` weighing 900 pounds. PIGS -4 pigs weighing 175 ib., 1 sow with 11 pigs 6 weeks old, 15 shoats 50 lb.,., POULTRY -25 pure bred reek pullets, 50 pure bred white Leghorn pullets, 6 rock roosters. Collie dog. I1V PLE 1ENTS-M.-H..binder;.. 6 ft. cut; new, walking plow, 12 hoe Frost '& Wood drill, new; No. 21 Fleury walkihg plow, scuffler, wagon hayrack, gravel.box,"2 1-2 h.p. gas engine;' set harrows,fanning mill, new : ° 4ichorholt-. ,cream separator; new oil, brooder, new brass set brichen harness, set double harness, 4 hives Of bees and bee boxes; Overland car in geed shape, quant- ity of .hay, 800 bus, oats, 200 bus. barley, quantity of turnips, straw to be fed on the place. HOUSEHOLD EFFECTS --Treas- ure • range, good as new; . extension table, .new; 6 chairs, 'rocker, bed- -room, set; walnut, 'complete; bed- stead,' bureau, edsstead,`bureau, couch[, lamps, cream can; . inilk pails, whiffletrees, neck - yokes hoes, forks and other articles too numerous ' to mention. Positively no reserve as propriet- or has rented his farm. TERMS $10.00 and Under, cash; Over, that: amount 12 months' credit will be given on ,furnishing approved joint notes, or a-disdountof 5~ per cent. Off for cash. 11ay, and grain, cash. W..7. TEOMPSON, Proprietor should be no d'Osts to either party.- PRANK rilAYLOrio Audtioneelr TERMS -A11 articles under $10, and roots grain and .;poultry cash. All articles over $10, six months credit on approved joint notes. A discount of 6 per cent. per annum allowed for cash., At- the same time and place, Lai 1, Con. 12 H.R.S., Tuckersmith, and Lot 3, Con 13, -H.R.S., Tuckersmith, will be offered for sale subjectto reserved bids. Terms of sale made known or day of sale, and may be had in the meantime from the under- signed. W. E. NAIRN, Auctioneer ' JAMES RIVERS, Administrator R. S. HAYS, Solicitor DEATHS On Friday, November 13th, Mr.. Joh Halpenny of Wingham, aftge an iilnes of three weeks with pneu- monia, passed into thelarger life„ The death occurred,, at the hone - of his daughter, Mrs. Th 13icr� ) on November 16th, of Mr.'' filen' p Oughton, for many years a familiar figure in the life of Seaforth, and a most highly respected' citizen, Mr. Oughton had been '111 for the past ten days. The death occurred on Sunday afternoon of ani old and respected, resident of Biddulph, in the person of Stewart McFalls, who resided with his son. Mrs. Carrie M. Chellew, relict at the late John H. Chellew, formerly, of.. Blyth, passed away at the West- ern Hospital, Toronto, on November, 10th after several weeks' illness. The deceased had suffered for fit teen years with rheumatism but the• immediate cause of death was heart: trouble. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that. all persons having claims against that - estate of HENRY BALFOUR late of the Township of Fullerton, County, of Perth., farmer, who died' on the Twenty -Sixth day of August, 1925? are required to forward their claims duly proven to the undersigned on, or before the 30 day of November;. 1925. AND NOTICE IS FURTHER GM, EN that after the said ,date the Ex- ecutors will proceed 'to distribute. the estate having regard only to the• claims of which they then shall have - notice Dated at Exeter this ,!7th day of November, 1925. GLADMAN & STANBURY Solicitors for°Executor NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that all persons having claims against the estate of HANNAH SULLIVAN, late of the Township of McGillivray; County of Middlesex, widow who died on the 25th day bf September, 1925 are required to forward their claims. duly - proven to -the undersigned on or before the 30 day ,of November,, 1925. AND NOTICE IS FURTHER GIV- EN that after the said date the Ad- ministrator will proceed to distribute, the estate having regard -only to the claims of which he ,then shall have - notice. Dated at Exeter this 7th day or November, 1925. O•LADMAN & STANBURY Solicitors for Administrator NOTICE TO -CREDITORS NOTICE IS HEREBY GIVEN that all persons having claims a ainst the estate of WESLEY MAB, 1 LITKER. late of the Township of St phen, who died on the 16-th day of Jan. 1924, are required to forward their claim. duly proven to the undersigned on or *before the 30 day of November, 1925. AND NOTICE IS FURTHER GIV- EN that after the said date the ministr:ator will proceed to distribu the estate having regard only to the, claims of which he then shall have - notice. Dated at Exeter this 7th ,day of November, 1925. GLADMAN & STANBURY Soli&tors for Administrator - Did You Ever Turn a IKING Cream Separator? Itis uilyeasy! Even the sizesfrom 600 lbs. upwards -which in other makes often require an engine -are easily oper- ated by a child. Here is a direct saving of time and labor. Sizes 100 to 1,000 lbs. Reasonable prices. Easy payment plan. Swedish Separator. Company, Limited, 36a Notre Dame SL West, - Montreal. 30 DAYS FREE TRIAL. Dashwood Creamery Company Against Fire and Thefi>-- pUT your documents and r : other valuables in a Safety Deposit. Box. Thecost; is nominal. Any , one; of 'our managers will be pleased to 'give you particulars of this service. 40 ,ThE CANADIAN BANK OF COMMERCE : w Capital Paid Up $20,000,000 . Reserve 1utkd $20,000,000 1V1, RP Complia$ Manager G. G. Maynard, ivIatiagcr . Exeter Brandi Crediton Branch • . ,r.er;ti s �sr�