HomeMy WebLinkAboutExeter Times, 1905-04-20, Page 5t►
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THE 6SE'1 ER TIMES, APRIL 20th I:►u:i.
ALESVEGETAu I -SICILIAN General News
Hair Renewer
Always restores color to gray hair, all the dark, rich color It used
to have. • The Bair stops Idling, grows long and heavy, and all
dandruff dies pears. Au elexantdressing. ""�`T a err."..=4'i
MIIDICaL
NV. BROWNING, �. D., M. C. Application to Parlia-
• P. S, Graduate Victoria•-
, to Unl
t
..Sit . ment. ulOce and reeidenence. Domiolon meat.
Laboratory. Nutter.
DENTAL NOTICE IS HERE131• GIVEN that
I an application will be made to
the Legislative Assembly of the
Province c
of Ontario star'
to a[ t
hosM rc t
P
session thereof, for an Aot to in-
corporate a Company to construct,
equip and operate an eleotric li•sa
of railway to run in and through
the City of Stratford in the County
D.A. ANDERSON, (0.0. $. L 0.$. of Perth, and from the said City
DMNTIBT. of Stratford in and through the
14�aposGraduate of the Toronto University townships of Downie, Fullerton,
College of Dental Surgeons ut Ribbert and Itlanshard all in the
s;id County of Perth and the Town-
ships of Usborne and Stephen in the
County of IIuron and in and through
the Village of Exeter in the said
County of IIuron to tho Village of
Grand Bend on Lake Huron. and al-
so from the said City of Stratford
in and through the Townships of
North East hope and south Easthope
and the Village of Shakespeare in
f the County of Perth, and the Town-
• Wehaysualimlted private funds for invest ship of Wilmot in tho County of
flat nom term or village property at lowea \I aterloo to and in and through the
&teaofintereet. Village of Now Hamburg in the said
DICKSONdt CARLING County of Waterloo with a branch
Exeter. line in and through the Township
of South Easthope to the VilLage
of Tavistock in tho said county of
Perth, with power : (1) To make
payments in paid up stock or bonds
for rights of way, material plant.
rolling stock or services to the
Company, or in furthering the un-
dertaking ; (2) to receive assistance
from Municipalities or individuate
by xray of subsidies ,bonuses or oth-
erwise : (3) Te manufacture, sell or
lease electricity or electric power to
any person or corporation or cor-
poration along the line of the rail-
way or any of its branches, and (4)
Lor other proper and necessary in-
cidental Lowers. Dated at Stratford
this 23rd day of March, A. D. 1905.
JAMES STEELE. Solicitor for the
Applicants.
1.1SINPMAN, L. D.8. ANL
DH, A. R. KINSMAN. L.
4111111PD. 8, D. D. 8„ Honor Graduate
of Toronto Univendty, Dentist.
Teeth e
xtsxct edf
w shoatq ! or
Dad after effects. Office
oe Fin.
eon's block. West aide of Main
tweet, Exeter'
. with honors Also Postgraduate of
School of Prosthetic Dentistry (with
-tentioa.
ftteknown to the Dental Profession
m ofllce. Bridge work, crowns, al-
um. gold and vulcanite plates all done in
neatest manner possible. A perfectly
Mrttmieee anaesthetic used for painless extrae-
yPaos one door month of Carling Bro'a store
iseter.Ons.
MONEY TO LOAN
HONEY TO LOAN.
We have a large amount of private funds to
Dan on farm and village prop.rtiea at lowratee
its Interest.
ULADMAN & STA\ BURY
Barristers Solicitors. Main St, Exeter.
• DICKSON 8 CARLING,
asrriststs. Solicitors Notaries Conveyancers,Commiseioners.'Solicitors for the Molsona
Bank. Etc.
Nosey tol can at lowest rates of Interest.
OPFICE:-11A.1N STREET, EXETER.
1. I . CARLIWG a A. L. H. DICKSON
?wee Osborne and Ribbert
Farmer's MY i d Fire insur-
an6e Gom an
a U
IRAND
TR
UNK
Head Office, Farquhar, Ont.
DIRECTORS Railway System
SINGLE FARE
President: -T. RYAN, DUBLIN. P. O.
Vice -Pres.:- J. A. No,Rlsl
FARQUII ARP.O.
F. MORLEY, WHALE.\ P. O.
W.II. YASSMORE, CROMARTY P. O.
WM. ROY. BORNHOLM P. O.
J. L. RUSSELL, RU8SELDALE P.O.
AGENTS.
J. CARMICHAEL, STAFFA. ONT.
A.. DUNCAN FARQUHAR, ONT.
J. WILSON, FULLARTON, ONT.
J. S. GILFILLAN, LUCAN, ONT
B. W. F. BEAVERS,
Secy.-Treas. Farquhar.
Notie&
To Farmers and
4he Public in
General +.1.
As the spring is coming on
now gather up all your old
truck such as Rags, Rubbers,
Wool Pickings, Horse Hair,
Old Rope, Bones, all kinds
of old Iron, Brass, Copper,
Lead and Zinc, and take
them down to
I.JAOKSON & SON
Main -St. Exeter.
One door south of the
Metropolitan Hotel. That's
where you will get the high.
est cash price for thein.
+++•1•++++++++++++++++++++++
- - ... ._ 4
00 IIORTIIDURHAM BULLS
Y I)for eals-The undersigned has for
sato a number of up-to-date thor-
ough bred Short horn hulls. They
are of the low set. thick blocky type
and choice breeding. Will he sold
reasonable, inspection invited. Ap-
ply on lit 16, con. 2, hast or John
Elder, Bonsai!, P. 0.
Flit SALE 1)11 TO RENT.- The
I.roper t e on 1)insley terrace,
Clinton, known as the Currie pro-
perty. and consisting of 8 acres of
land, with tight -roomed house, is of-
eicte;t f lowly or to rent. All kinds
of bearing -front t rtes. Just the place
for a retire.) f irmer or market gar-
dener. Will las soles cheap or rent-
ed on Nelson till- terms. Fifteen or
tit weer
mattes, a alt: from Clinton
post office. Apply 10 D. K. Prior,
Clinton.
F011 SA - te•.idcnce and 8 lots
tt it h good st t - everything in
good repair. Ite'idcnc recently re-
painted ; Also a first -cls.. well good
orchard, and ornetnental• frees on
t lie premises. the proper • must he
sold as the undersigned i. leaving
town. For plrtieulars and rmsof
vale apply to It. N. Ling, F. er.
The tee n (at het., still tit,ke their
annus our of inspection, Siturday
sidewalks. roads, drainage, etc., will
be inspected, and needed improve -
int lllA site eeeted.
For Easter Holidays
Going April 2;), 21, 22, 21. and 21th
Returning until April 25th, 1003
Between all stations in Canada, also
to Detroit & Port Huron, Mich., Nia-
ara Falls, Snsp. Bridge and Batfslo
SPECIAL ONE W AN -EXCURSIONS
to roints in
Montana, Colorado, (*tab, British
Columbia, Washington, Oregon, Cali-
fornia.
On sale daily until May 15th.
For tickets and full information, call
00
J. J.
IiNIGII7',
Depot ticket a. ent, Exeter.
.1. D. MCUONALD
Districtpassenger 1 a.senRer agent, Toronto.
F ARM TO RENT Lot 22 First
concession i:mborne, 100 acres,
now all in grass, also store with Hay
1'. 0. in
con
sec
tionn
t lease wr•
en
goods are dispesrcd of. I have now
on hand a quantity of clothing, con-
sisting of ready -trade suits, over-
coats oto. lthicit I am now offering
at coat. Good American oil 16 cents
per gallon. To much work for my
age stn boun'h to get out of the
'nosiness. Apply ,to I,. MoTAGGART, 1 M anitob:a will require t he help of
Ilay I. O.. 190,000 new -corners to help on the
seeding. hayin; and harvesting, this
Keep your bowels recular by the
use of Chamberlain's Stomach and
Liter •Tablets. There is nothing bet •
ter. For sale in Exeter by W. S.
lIowey.
A caucus: of Opposilion members
was hold 1Vednes,11y turning. but
owing to the number of commit tee
meetings (hero was but a Brief dis-
cussion of the ses=io,tal programme,
It leas agreed that i; would be im-
lossible to close dile dcoate on the
second readiitg of t1•• Autonomy
Hill for fester.
ABOUT RHEUMATISM
There
are feu•c•
J1R .aces
that in-
flict snore torture than rheumatism
and there is probably 00 disease for
which (such tt varied and useless lot
of remedies have been suggested. To
say that it can be cured is, there-
fore, a bold statement to snake, but
Chamberlain's Pain Balm, which en-
joys an extensive pale, has met with
groat success in elle treatment of
this .disease. Ono application of fain
Balm .will relieve the train, and
hundreds of sufferers halo testified
to.permanent cures by its use. Why
suffer ,when Pain Balm affords such
quick ;relief and costs but a trifles
For Salo in Exeter by W. 8. Howey.
Rome,
Aprt 114. -Tho Pope yester-
day received in private audience the
Right Rev. John Cameron, Bishop
of Antigonish, Novae Scotia. After
the audience, in which he dwelt on
the ecclesiastical affairs of the dio•
cese of Antigonish, Bishop Cameron
presented Sir. Charles Tupper, for-
mer Premier of Canada. to the Pope
recalling his constant defence of
the rights of Canadian Catholics.
The Pope, speaking in Laan, said he
knew of the struggles (sustained by
Sir. Charles, and praised hint warm-
ly. and, putting his h end on Sir and 1he argument of connect I re -
Charles' shoulder he gave him his served judgment. Although t he aut•-
specill blessing. omit in dispute in 1 he case is very
ramal,, yetthe le:irnls involved are
FORA WEAK DIGESTION somewhat inlporlid. sand my judg-
ment. in the case affects not only
Communication
To the Editor of the Times
Nuw that lir. BLit clitoral ha..
exhausted his store of venom:ttul
spleen in his weekly tirades .,f a-
buse and insult directed against the
members of our municipal councils
of 1903 and 1901, and other respect-
able citizens it may be in order to
ask why all this twaddle and sense-
less drivel. here are the facts; In
1903 the council constructed a gran-
olit bic pavement on t he a 1st side of
31ain Street in front of the properties
of Mr. L'latchford and nineteen
other ratepayers. The 40 per cent.
of the cost was charged to proper-
ty owners specially benefitted. The
balance was paid by the ratepayers
generally after the completion lctio
n of
the
work and the levy cf the assessment
Mr. Blatchford claimed he had been
overcharged and applied to the conn
cit for a rebtele cf 42.63, His claim
was referred to the corporation sol-
icitors, who advised that there Ives
no overcharge and that A1r. Mat ch -
ford's claim was unfounded. This
ended lhemat lersofa1 amlhe coun-
cil of 1903 was concerned. On the
election of the new council for the
year 1904, Mr. Mat citron! again pre-
sented his claim, accompanied with
u throat of suit, and again the mat-
ter was referred to the solicitors
for the corporation, who again ad-
vised that there was nothing in his
claim . AIr. BLit cider(' then sued,
and the following ii the jud;then.
of the court, which speaks for 1i-
(telf and sustains ;the position talcen
by the councils of 1903 and 1901 and
the opinion of their solicitors:
"!n 11ie Fifll► J)ivisior) Court of
the County of Huron. het ween Rielt-
•at'd Jtt:i1chfurd, plaintiff, and us
Corporation of Ilio Village of Exetl-
1er, defendants, This case came up
for trial before Inc at a special or
adjourned sittings of this court held
at Exeter on the 27th day of June
1901, and after ,leaning the evidence
No znedicin scan replace food but the parties to 1lie suit, but ►nay also
Chamberlains Stomach and Liver
Tablets will help you to digest your
food. It is not the quantity of food
taken that gives strength and vigor
to the system, but the amount di-
gested sand assimilated. If -troubled
with a weak digestion, don't fail to
affect time • leen other ralepay
ers whose interests are almost iden-
tical with those of the plaintiff. It
appears the defendants regularly (so
far as ;appears 10 mc) directed that
certain improvement should be un-
dertaken within the limit ti of the
give these tablets a trial. Thous- rlttttlicipality, consisting of the con -
ands have b v., Sec
n benefitted by •
their
mlruction o[ g;r;urolilhia sidewalks
use. They only :cast a quarter. For
sale :in Exeter •by W. S. 'Lowey.
Mr. Alfred McDougall died April
12, at t•he residence of his brother,
1)r. A. J. G. MacDougall, 610 Spa-
dina avenue, Toronto, He had been
very feeble and confined to his room
for about a year, suffering from a
general breakup of the system and
heart disease. Ile was a son of the
Hon. Wm. MacDougall, and a bro-
ther of the late Judge MacDougall.
Deceased was a barrister by profes-
sion, and practiced for many years
in Toronto until he was appointed
solicitor for the Succession Duties
branch of the Ontario Treasury,
from which position he retired a
little over a yetsr ago. Mr. Mac-
Dougall fres a former resident of
St. Marys.
CHAMBERLAIN'S COtiG1i REMEDY
THE BEST ANI) MOST
POPULAR
"Mothers
buy '
1l 'for croupy chil-
dren. ;railroad men buy i ' tfor severe
coughs and elderly people buy it for
la ;grippe" say Moore Bros., Eldon,
Iowa. "Wo sell more of Chamber;
lain's
I Cough Remedy than any other
kind. It seems to have taken the
lead ad
over wee
coralt
o he
r
good
br•wetes
.1 1
There s '
t noq ucsti
on but
this .medicine is elm bolt 4 hat can
be ;procured for coughs and colds,
whether it be n child or adult that
im afflicted. It always cures and
cures quickly. Sold in Exeter by W.
N. llowey.
JOSEPH IViIITE 1year. Such is the opinion of .1. J.
Licensed Anelionecr, Counties of ( Golden, Government Inuraigra1ion
I'erth Middlesex, Huron, Oxford agent. Last year 50,000 were at d -
and Toe n of Ht. Marys. ed. There is no falling off in the
Chargee anoderete. Orders left at quantity of settlers' effects art iv•
his residence, Queen St., 8t. Marys, ing here, and already the number •f
will be promptly al tended to. Phone cars is almost up 4o the total for
11 Sptrisecihouse.elast year. The more pleasing feat -
al at lnt ton given 'to live ure is 111e number who n re coming
stock sales. Orders left wet The from Eastern Canada, ;and rihe East -
Times will be promptly attended to. ern Stales, where the movement is
spreading with rapidity. To -day 30
British, 30 Scandinavians and 1511el-
gians are expected, end there will be
sHe maintains the
more British wile came over on
school privileges•
t he Bavarian.that the bili provide.; for :a dual i
system and absolute Reparation. IleA New Idea Which Means a Great
furt her ho1(li 1lei 1 t he amended Deal in the Treatment and Cure
clause which Mr. Siflon approves, of Disease.
stamps t he soles•'I trust fund for I)r. Leonhardt, of Lincoln, Neb.,,
Heparate schools, goes far beyond a the foremost physician of the Wes -
guarantee of the present system and tern States, has put forward a new
revives in a stronger form every theory as to the cause of disease.
privilege a hiclt the Cit holicm ever Iic says ;
claimed or enjoyed in the North- "There cnn be no doubt from the
west' evidence a1 hand, t hat the stomach
Premier 11stilt sin, in an interview
Friday declared that the Autonomy
Bill puts no liaiitalion on Separate
-"+ is rind has always been the first
ABTER TEN YEARS. cruse of ninety percent. of all the
Mr. G. L. Stepltensoll, of Peter- illness of mankind. The failure of
borough, says; "For over ten years the stomach to digest the. food pro -
I suffered constantly with piles, perly results in fermentation and
first itching, then bleeding ; pain al- decomposition, tend 1 he poisons arise
most unbearable ; life a burden. Tri-
ed everything in vein till I used 1)r.
Leonhard's Item-ltoid.
"I had taken but a few chosen when
I began to notice an improvement. i
decided to keep or, and now after
'nine three boxes I tam glad to say
1 am completely cured. My general
health has also greatly improved.
It gives me .treat pleasure to re-
commend Item -Roil to all sufferers
oith Piles, and I feel convinced that
whit it has done for the it will sur
cly tit) for them."
A $1,000 WWII -ante • ,toes with every
box of item -hold. !'rice, 81.00, all
Druggists, 01 'I'll•, \Vilson-Pyle Co Signatsre
Lirnitcd, Niae rs 1'.11x, Ont. 9 of
on Main ntrcet 111141 Victoria street.
The former w•aIm to be paid for as
follows: -40 per cent. to be levied on
the real property fronting or abut-
ting on and specially benefitted by
the p:1t•emelit and 60 per cent. by
I lie municipality. The let ter, the
nnulisipality was to pay for, by a
'one ell .lax. •
The plaintiff by the schedule at-
tached to the by -late wait to pay the
sum of $3.78 for ten years. This
was his share ;annually spread over
a terra of len years. Ile did not
wish 10 pay It yearly end so on the
14111 of October. 1903 paid his whole
shire, which after deducting inte,-
est. amounted 1 o $30.65 and got a
receipt in full trom t he. treasurer.
The plaintiff now clailns( that be
overpaid the defendants I he stun of
$2.65 and that Ile was overcharged
That amount. Ile alleges that cer-
tain expense•. in Connection with the
work, that is Ilse work on (Slain and
Victoria r'
o ra al reel m, such as legal expen•
sem, engineer's fees, advert isin;, etc.
are charged up as part of the work
on Main alrcet alone. and claims
that as the work an Victoria street
was 01111:11 in extent to that on Main
street, only half of 1 hese expenses
8ltould be charged as part of the
cost of Ie
11 work k on
M, In street oct and
at
1
h, theratepayers
1
on Mainstreet
should only pay 40 per cent. of this
half, :and 1 haat. ns 1 his course had
not been adopted, he was assessed
for more than he should have been,
that 1 be schedule in Ibis respect is
wrong ; (if 11 i i all the of her parties
mentioned in the schedule are also
'issesmed for loo much) and that he
has paid the defend:1111m $2.63 more
1 Ilan Ise i hould have done.
Only one by -lacy was passed for
the whole work, and only one not
ice wart published, and I not asked by
the plaintiff, trillion' .•lay evidence
being adduced on the point, to as -
atone that by re•lson of this inner•
Ian in the. by-law of 111e work to
be constructed on Victoria street,
which work as 1 have staled i Wink
was co equal with Haat on Blain st.
1lie legal expenses were double what
they would have been if only work
on the Main street had been provid•
-ed for by the by-law. And NO with
engineer's (see and advcrlisin;,etc.
To 1 his proposition 1 cannot ogrce.
i ern 811 imfied on rending the by-law
that the insertion ill it of the work
on Viclori:e street did not at n11
double 1 he different expenses I have
mentioned and which are set out in
exhibit. "4" The insertion of this
work would add but little to the
legal or edverlisine expenses. This
being the case it is impossible, even
should 1 come to the conclusion that
the plaintiff is entitled to succeed
to arrive at any definite aura for
which !could properly enter a judg
men!. in his favor.
No objection is taken to the course
of procedure adopted by the defend
ants in passing Abe by-law, or in the
from the foul and rotting mass, teat proceedings Icadine up to the pass•
into the blood and tissue and nerves ing of it. A proper notice of inten•
intentir•n to consltuel the aidewallc
was given to these r ltepayers on
aIain street , whose property would
be assessed for the 40 per cent. and
the notice staled that :1 court of re-
vision (could he ,held on the 8t h of
.tune .1993 for A h • purpose of hearing
complaints, etc. and the plaintiff ad•
and breed diseases of every kind.
Ur. Leonllnrdt has found a remedy
for Indigestion, Dyspepsia, Bilious-
ness and Constipation. Ile has tried
it in t housands of cases o ithout a
single failure .
Be calls it Anti -fill. It is sold at
tee. by all druggists, or t he \Vilson-
Fyle Co., Limited. Niatrarl Falls, Ont milted receiving this notice and made
Sole agents for Caned. no complaint and no appeal. lis lay
- + - opinion he is not now and in shim
CAIL 19TOrt. XEk.. court eptilled to seek relief and at-
Bearr, as _Alt! K'nd Y)a Haire )!nal; liouglJ tempt t o get here relief which the
,Municipal Act says he should g: t
r ��• at the tonrt of revision, or if not sat•
���Gstl� isfied :here, (.11 t appeal to 1 L;.
ToCureaColdin�neDay
T� Laxative Bro Quinine
Cares
laTw �.
_ _ axa ve mo This Tablets. �e Zdrvirt„,.. axaveomoT> Tablets.on every
Swen Melon Sixes sold Ian int 13 atbo ish'. �(Qre, . box. 23e■
County Court judge. nota seeks seeks to get even by bit torts ,
it seems te: me that the Muiicipll lsstiling the honesty and integrity OPERATION AVOIDED
Act has given every ratepayer :t(- of those of his fellow citizens, who
feet ed by work such as t his. ample were elected aria chosento admanist -
end full remedy and the! 1)v plain• er the public affairs of the village, -.--..o.
tiff having taken no action before and who gave valuable time eishout EXPERIENCE OF MRS. GLENN
the (curl of revision, which 1 think a (toiler of renu►neretion to the
1•e should have done, that he is now f.. it!afui disch ar:e of their duties, all
barred of ;any remedy a;ueli as he because he did not receive front the
seeks in this case. 'There roust and council the $2.63 which the court
should be some finality to these mat • Itis held he a as at no way entitled
terns, and the Municip.tl Act contemn to. Air. Blatchford is very glib with
pl:ttem dills and makes the newsy. It s scriptural quot•alioue, and 1 feel
t„elll final, except sc. far as it rutty eoustrained to say that he applies
be changed by the court of revision, them with about as much of that
or by the county judge on a11pe-.II, Christi in kindliness and regard
SO .11111 in thin case as (here was for the feelings of others as one
no coutpli1:at node to 1 he court of Jill 'gilt expect from a person who de -
revision the assessment has beeeme liesittls 40 iter cent. of the lumber
till it.
taken L n fr
ow ell
the r
h Pnk side 'a •,
w,1 k
Another point :argued before ate. fur which he It•1d never paid or con•
tea:; the plaintiff could not recover 1ributed. and wl►o has received (rens
b;cl: his money, although perhaps the public, free of any charges m-
y 'id under mistake of (act. 1 have cost 55 ha lever, t)te beautiful gr; ito-
read the case of "Cushen vs. City of Iitltic pavement which adorns his'
(Hamilton," 4 Ontario L. It. 1902, p, property en the Naafi). along; \'ic- 1i t
;'U3, whish I consider assists tee de- toria street. Ile temi,tds me of alt •
fondants very 1111terially. In that ►wean wit") hold til^ duck art 1 after-
wardscase the plaintiff had paid lilts deter demanded pay for the feat la-
case
for two years a license fee as ors. 1 mi 111 remind Jlr. iilatah-
a butcher at $1U a year. In the 3rd furl 1L,at l:is script ural quotations
year lin refused to pity a fee. Ile do 1101 justify him in publish•
wa:{ convicted for is breach of the by- false rind baseless charges teeniest his
i•ee- and not (laving taken out t}1e neighbors, rind when he is so free
Iicenee •for the t Idrd year, and an ap- in calling into yucstiuns the _sod
peal was made, the conviction was name and honesty of It's fellow citi-
yuas11e<I, the by-law being held in- zeas lie should remember that his
valid. 1[o then sued to recover from scriptural quotations will not be ac -
the defendants the license fees tie ceptcd am elle hest cerlific:tles of
had paid and *some other had paid his own geed cl:1t icier not til:• best - - -
'11111 'assigned to him. The Court of evidence ,of the pl'cpriety of his There are cases where an operation
Appeal .held list he was not cntityard,t. methods. The Devil himself, it i•• :aid lathe only resource, but when one con-
ed to recover these suras. Thepres. can quote scripture by the yard, siders the great number of eases of
eat case is much like teat case in
essay respects and being a juda►uont and yet 11.5 one approves Of the e
I ovarian and womb trouble -
thods of the .Devil, and Lydia E. Pinkham's Veget.ableCom•
of the Court of Appeal, the highest when Mr. Hlatcbford seeks to pound after physicians have advised
court in Ontario, .there can be no bolster up :. bogus claim against the. operations, nowomanshould submit to
question but 1 must follow it. corporation for $2.65 by quoting one without first trying the Vegetable
1 don't think elle plaintiff klatch. scripture and applying int- Compound and writing Mrs. Pinkham,.
fold paid this money under a mis- Deeper motives to his neigh- Lynn, Maas., for advice, which is free.
take cf fact each as would bring him bora, lie exhibits a vindictiveness
within the class of cases allowing which bears tee. unmiatakable im-
the recovery back of money paid un press of ;the cloven hoof. in con -
(ler mistake of fact. itis payment Clusien let ute say that every cent
was a voluntary payment ; trot un• collected from ratepayers for the
der compulsion. It w^s paid under Pavement in question was honestly
n claim of right. There was no im • expended in the work of construc-
I•osition, no coercion. 'Cite plaintiff tion. Mr. Melchior(' ryas assessed
knew what it teas for, and knew the equitably end proportionally with
amount of his assessment. IIe was all other property owners, and he
not bound to pay it when he did ; he
Lad ten ye irs in which to pay it.
He did not oven pay it under pro-
test; he had perfect freedom: He
slid not refuse to pay it, but on
the contrary watt particularly anx-
ious 'to pay it and to pay Ihe whole
sum at once. Surely all this consti-
tuted a voluntary payment. See Leake
on contracts p.62 et Seq.
Plaintiff's counsel referred me 10
a case of Clark vs. Eckroyd, 12 Ont.
A. 11. p. 425. That was a payment
for goods t Let t he plaintiff had nev-
er received, and he pai.1 the money,
believing he lied received the goods.
The plaintiff ellen .brought :action to
recover back the money, and the
the court held he was entitled, it
being clearly money paid under ueis•
take of feet. I aur of the opinion
that this case is clearly distinguish-
able from the present case, as the
plaintiff Itlalchfor(' has not paid Its
mistake a dollar more than the as-
sessment called for.
She Was Told That an Operation Ws.
Inevitable. How She Escaped it
When a physician tells a woman suf-
fering with ovarian or womb trouble
that an operation is necessary, the very
thought of the knife and the operating
table strikes terror t" her heart, ant)
our hospitals are full of %%011c1 etnn
ar
for ovarian or womb operations.
The cast of Bain vs. City of Mont-
real reported in a Supreme Court re-
ports, p. 25.2, which was not referred
to by counsel nt the trial, is in my
opinion conclusive against the plain•
tiff's contention. In (bat case it
9assessment
•n stet
that 1 C was
ti
void. At any rate it is stated that
the ratepayers might have been in a
proper proceeding entitled to have
had the assessment quashed; yet
the plaintiff having paid the amount
$2085.16 voluntarily she could not
recoverb
It week.
Now, if in a case where the assess•
Cnt 'a
In 1 void or irregular, the g 1 mon•
r 1r
col, 1 bo
not recovered back,su
rc•
Y
ly in a else where there is a slight
error, if error it is, in arriving at
the amount charged against each
ratepayer there can be no recovery
buck of money paid under the cir-
cumstances such as existed in this
case,
The case of Grantham vs. the City
Toronto 3 U. C. It. p. 212,IAlso a
case sin point and is cited with ap•
proval in Bain vs. City of Montreal
The language used there by the late
Chief [ Jusl' aRobinsonJustice Ro uis certainly
most unfavorable to the plainti[Ca
contention in this case.
The Municipal Act, sec. 665, sub•
sec. 2 provides specifically that the
case •3f a Municipality raising taw
largo a sunt by providing that the
excess shall bo refunded rateably to
those by whom it was paid. But in
this case it cannot be said too much
was raised, because as a matter of
fact from the figures adduced in ev•
idence, barely enough was raised, so
that this sub -section does not assist
the plaintiff.
The by-law• was finally passed in
September 1903 and has not been
quashed.
On the above grounds I am com-
pelled to find in favor of the defend-
nts which i do, .and direct a .non-
11Lt %%lib costs.
Sgd. Philip holt.
Judge"
Mr. Itlatchford was given ever.):
opportunity in a fair t rial and in
open court lo prove his case and as
judgment shows, he failed in every
contenl ices and paid well for his ob•
stinnncy and his little law suit, and
when lie found 1 here was no chance
of get:in;t the $2.65 he wrote the to
help make up part of the expense
that he lead been put to claiming
it wan partly my fault, and because
1 1 o^k no notice of his let ter. ile
Mrs. Robert Glenn, of 434 Marie St..,
Ottawa, Ont , writes:
Dear Mrs. Pinkhana:-
" Lydia E. Pinkham's Vegetable Compound
Ism well and widely known Unit It does not
need my recommendation ; but I am pleased
to add it to the many which you have in iii
favor. I sufferers untold agonies from ovarian
troubles for nearly three years, and the doe -
tors told me that I must undergo at, opera -
was, passably, most able to pay. IIs Mu; but as I was unwilling to do this, I tried
was the only Owes who roc^it e(I two your Vegetable ('onipound, and I am only to,
p:lvements for the price of one. He feet
that I did so. for it restored the to per -
fest health, salmi), mettle pain an operation
was and the immense bills attendisWhe same."
Ovarian and womb troubles are stead-
ily on the increase among women. If
the monthly •
ar
� periodsever painful,
nful
or too frequent and excessive if )not}
have pain or swelling low down in the
left side, bearing down pains, leucor-
rh®a,don't neglect yourself : try Lydia
E. Pinkham's Vegetable Compound
the only kioker in the lot. I
have always observed in the ordin-
ary walks of life, in the af-
fairs of church :old state, anal more
art'
D rcul:arly in Municipal matters.
the Haan who isays Ihe least
kicks the roast. And finally I
would recommend for Mr. Match -
ford's earnest perusal and considera-
tion, the old proverb "It is an honor
Tor a trial) -to ce;133 from strife ; it
as a fool who will persist in
meddling. or as Mark Twain might
put it. "Pay your shot like a man,
and quit your incessant grow:line."
I have the honor to be,
Yours faithfully,
T. B. CARLING, ex•Itccvc,
To the Editor of the Exeter Times.
Dear lair. -Wo have little time and
less desire to enter into it newspap-
er controversy with our old and es-
teemed friend and fellow citizen, Mr.
Richard Blatchford, over his com-
plaint of en alleged overcharge of
$2.65 in his assessment by the Coun-
cil of 1903. Your long sufferin;
readers must bo heartily sick of his
wearisome
communications u
nl lo
ns in which
11(11
he makes many kindly and gracious
references to ourselves. We should
thank Mr. Blatchford for the cheap
advertising 11
g ilia letters afford us,
and were it not that the prominence
and space you have, in your gener-
osity. given his correspondence, may
convey to some persons unacquaint- rear the
00(1 feeling 1►Il and g n 1 )ICa91
ed a•'d .wet
with i
the fact s
1of
the 1 case,
the
r
impression'
that we 8s solicitors, for
the oorporation dad done more or
less than our sitnplo duty, we would
not now complain. To correct there•
foie, any Ruch erroneous impres-
sion or inference, we ask you (0 pub•
lisp the (Mr. lllatchford's) retrac-
tion a Iaich he appears to have for-
gotten, and which he felt it him duty
about n year ago to band to us
for publication in the columns of
your esteemed contemporary. This
retraction was given by Mr. Blatch-
ford because of his publication of
just such matters ns he is now writ-
ing and publislaine concerning us,
and is 8s follows ;
1RETRACTION
"To the Editor f t l Advocate.
"overcharge in the assessment
"made ngainst me for frontage tax
"for the laying of the granotithic
"pavement in front of my rill
"dence, I wish to correct what
"aright be construed to be a re -
"flection upon the solicitors of
"the corporatists. I do not wish
"the public to understand or im-
ply from anything contained in
"the said communication, that the
"solicitors referred lo, have ovcr-
"cleerged for their services, or
"have ected lowerds me in tin un -
"gentlemanly manner. 1 believe
"the solicitors aforesaid to be
"honorable, fair and trustworthy
"in every respect, and I make no
"complaint ngainst -them, • d sin•
"cerely regret flavin„ 'dished
"anything which im m vty
wrong
doing. o west to them.
"Dated at Exeter this 22nd day of
"Jnnuiry. A. IL, 1904.
1t. IILATCIIFOIIU_
Since the publication of the above
retraction, nothing has occurred to
1
t ,
o •uta s}'s
on tl tvL'
fah has always -
,Its e
I y ex-
isted between Mr. Melchior,' an:I
ourselves, except it may have been
the law suit whish he instituted
against the council for the recovery
of the alleged overcharge of $2.65
and in which he wan unsuccessful. '
That we happened to he opposed to
hint. in that law suit teas no fault
of ours, and we should not quarrel
with us on that account, as we mim•
ply performed our professional duty.
We hive nothing hat the kindest
and best fee •' ig towards Mr.
fllatchford, 8181 nke 1 his opportun-
ity
wishing
Ytri a1 ,
m on=, hippy
and prosperous life.
Yours
DICKSON & CARLING.
o ie r Locate. Note. -We decline 10 publish any
"Dear Sir. -Referring to n snore controversy regardin4 the
"communication published by inc sidewalk matter, ns nothing further
"in your issue of the 21st inst, re- can be accomplished ny continuing
"specting my complaint es loan it. -Ed.
•N•••N•••'N•N•••N•••N ♦•N•N•N•N•++++..N..N
HE 1'IOLSONS BANK
(Incorporated by Act of Parliament 1855)
CAPITAL PAID UP • • • • • • • • - S3,000.000.00
RESERVE FUND 53.000,000.00
VI Branches In Ontario, Quebec, Aiberta, British Columbia and M initoltn
EXETER BRANCH
Open every Lawful Day from 10 A. M. to 31•. M. except Satunlay 10 A. M. to 1 r. M.
Farnsere Bate Notes; cashed or collected. Forms supplied
On application. DRAFTS on all point,' In the Dominion, (treat Britain end Un
Iced States. bought and sold et lowest rates of exchange,
HAVING DEPARTMENT
Depotslts of •I.00 and upwards received. interest coin•
pounded half )Parley. and added to princfi,al June Stith and December 31.t. De
posits Receipts also issued and highest current rates of Interest all:,wed.
Advancer, made to farmers( Flock dealers( and business men at
lowest rates end on most fatorable terms. Agents at Exeter for Dom. tieIrnrnent. •
♦ Dickson & Carling, Solicitors. N D. H U R DON, t►lanagter.
•••••••••••••N••••••••••• ••••••N•NN•N••••••••••alt
PAINE'S CELERY COMPOUND
PURIFIES THE BLOOD.
B RACES THE NERVES.
B UILDS UP THE BODY.
.Leis= For
MAKES SICK
PEOPLE WELL
IN SPRING TIME.
"PA I N E' S" iAkesi For
p'The Kind That Has Made Such Wonderful Cures.