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Clinton News Record, 1955-11-24, Page 3•_m3Ua1,SDAY, . NOVEMBER, 24, 1955 cuNTOIV Ntws-rhe RD PAGE THREP.: Rural Phone System Wins; Claim And Counter filaim "Definitely the plaintiff is not entitled to a return of the $7.40 per year according to law," stated Judge IL D. Lantz, Stratford, at a special sittings of Division Court here last Thursday morn- ing The ease being tried was that of the Goderich Township Munici- pal Telephone System versus Fred Bell, in which the system was try- ing to get payment of long dist- are telephone tolls, which the de- fendant had so far refused to pay. The defendant entered a counter- claim for $7.40 per year for three years, which he claimed the sys- tem had collected wrongfully, E. Beecher Menzies, Clinton, was counsel for the Telephone System, and James Donnelly, Goderich, acted for Mr, Bell, There was no quarrel with the matter of the System's suit for $17.45 for long distance calls, but with regard to the counter -claim, Donnelly maintained in his client's behalf that when in April 14, 1952, a raise in rates of approx- imately $10 per year was author- ized, it was done for the express purpose of moving poles and line along Highway 8, to allow for the re -building of the roadway. As it happened the debentures which the System had planned to have issued, were never issued, and in fact, only five and one half miles of the line was moved back as Siad been planned. The content- ion was that since the work as planned was not done, the renters should be entitled to having their money refunded. Menzies stated the conditions under which the- System operated. 11.11,11 YOUR CAR'S PARTNER IN POWER There are subscribers, who con- tributed in the first place to the building of the line, and have the responsibilities of keeping It . in repair, and paying for any expen- se which the .line might incur which'. could not be paid by the System. On the other hand were renters (81 in the System) .who paid only for the use of the phone, and assumed no responsibility whatsoever. He made the point that if judgement were found in favour of Mr. Bell, it would place the System in the position of hav- ing . to distribute certain of the proceeds cf the sale of the Sys- tem to renters, which was clearly precluded by the. Telephone Act. Judge Lang, in summing up the case, noted from Menzies' argu- ment that' when the Municipal Board granted permission for the increase in rates in 1952, the raise was not contingent upon the par- ticular expense of building the line from Clinton to Goderich, and so the renters (of whom the pl'ain- tif'f was one) would not legally be entitled to any refund. However, the Judge noted that for those three years, both sus- scnibers and renters had paid this increased figure, which was esti- mated to total about $8,000, while the expense for the recorded in- tended use of the money had not totalled much over $1,500. The Subscribers, he noted, would get their share back when the divid- ends of the System were distrib- uted, but the renters would get nothing. Judge Lang ex -pressed the view that he felt that the rates had been increased during the period in question for certain work which the System was not required to pay fully, and therefore a moral claim existed on behalf of the renters, to a part of the proceeds raised because of the increase. Only witness in the stand was Charles E. Wise, secretary of the System, who clearly gave evid- ence, as queried by counsel. Division court clerk Tom Steep, Clinton, was in attendance, and Chief of Police H. Russell Thomp- son acted as bailiff. TOWN OF CLINTON o�t< 2 2 3 N- rr�t 0 O ct�•-,+ �s . Municipal By -Law No. 10-1923 SEC. 47—No person shall place or cause to be placed any material or obstruction or vehicle, of any kind whatsoever nearrer than ten feet to any fire hydrant or plug or water system, SEC. 48 (a)—The automobiles, reels, engines and vehicles of the Fire Department of the Municipality shall have the right of way on the streets and highways in the said Municipality while proceeding to a fire or. answering a fire alarm call. (b)—No person shalt obstruct or delay the automobiles, reels, engines and vehicles' of the Fire Department on any of the streets or highways in the Municipality, while the said auto- mobiles, reels, engines and vehicles or any of them are pro- ceeding to a fire or answering a fire alarm call. (d)—No one, except those authorized by the Chief of the Fire Department to do so, shall at any. fire or at any other time, molest, .interfere with or handle any Fire Department ap- pliances, hose or equipment, No one shall hinder, obstruct or interfere, with any member of the Fire Department in the discharge of his duties.. Municipal By -Law No. 6-1922 SEC. 11. That on all occasions of fire the side of the street nearest the fire and for a distance of fifty feet on each side of the fire and for two-thirds of the width of the street in the front thereof, as also any lane or by -way between the public street and the rear of any building on fire, through or along which it may be necessary to nm any portion of the fire apparatus, shall be kept clear of all persons who may in any way obstruct the working of the said Department, and all and every person who may be in any of the places above mentioned shall 'immediately retire therefrom when called upon to do so by the Mayor, any Justice of the Peace, or by any of the officers of the Fire Department or by the Chief Con- stable. SEC. 13. That any person wantonly or maliciously injuring any fire apparatus or carelessly driving any vehicle over any hose or inuring any bell or bell rope used in giving the alarm of fire, or who shall without reasonable cause, by outcry, ring- ing of bells or otherwise make or circulate any false alarm of fire, shall be subject to the penalties of this by-law. Province of Ontario The Highway Traffic Act SECTION 41—(18). The driver of a vehicle, upon the ap- proach of an ambulance, fire or police department vehicle or public utility emergency vehicle upon which a bell or siren is sounding, shall immediately bring such vehicle to a stand- still as near as is practicable to the right-hand curb or edge of the roadway and parallel therewith and clear of any inter- section, (19). No vehicle shall follow any fire department vehicle when responding to an alarm at a distance of less than 500 feet, R.S.O. 1950, c, 167, s, 41 (18, 19). The above sections of the By-laws of the Municipal ity of the Town of Clinton, and from the Ontario Highway Traffic Act, are reprinted for the purpose of notifying the people of this district, the low regarding these subjects, (Signed) Chief of Police, H. RUSSEL THOMPSON Fire Chief, GRANT RATH 47-b t Cheer Leaders At Collegiate Sports Events Cheer leaders at the Clinton District Collegiate Institute this year are shown above, left to right: Betty Jean Ross, Jean Rathwell, Vicky C.uff, Sharon Sweeney, Gwen Shorey and Lola Chuter. Laying Cable Must Meet Approval; Council Tells Bell; Much Work Done At a special meeting of town council in committee of the whole last Wednesday night, councillors decided that any excavations for telephone cables, must be return- ed to satifactory condition and pass the inspection of the town's public works foreman, Fred Trev- ena. Throughout the past weeks, workmen with the Bell Telephone Company of Canada have been en- gaged in laying the necessary cab- le for the change from the present telephones to dial phones which will be completed next March. Included in plans are arrange- ments for many feet of under- ground cable to take the place of overhead lines on unsightly poles. Much of this has already been laid, though a good deal yet has to be done, The meeting last Wednesday, with officials of the "Bell', was called by Mayor M. J. Agnew at the request of some of the coun- cillors in order to clarify the con- fusion about who on the council was in charge of supervising this construction. In 1938 a by-law passed in town rules that the reeve's signature be attached to blueprints and specifications giving t h e Bell Company permission to make these excavations. From then un- til last year, the Reeve of Clinton, was almost invariably the head of the public works committee. How- ever, when Reeve Mel Crich took office in January 1954, he was left in charge of the general gov- ernment committee and the dep- uty reeve Burton Stanley was given charge of the Public Works. Therefore this situation has been in effect, Reeve Crich has been signing permission for exca- vations by the "Bell" When cit- izens of the town inquired about the work, and complained about what they felt was faulty work, they directed their inquiries to the Deputy Reeve, who quite Un- derstandably, knew nothing about it. According to the mayor, a by- law will be introduced at the next regular council meeting, whereby the chairman of the public works committee will have the authority to sign these documents, rather than the Reeve, who in future years may or may not be head of that committee. Bell's outside construction work related to the dial cutover project is being supervised by F. Murray Lewis, line foreman, while the trenching and conduit work is checked by Norman C. Cross, Bell contract inspector. Before the cutover can take place, the hundreds of wires now Mrs, Glen Wise Wins $19' From Treasure Chest Draw wind, a huge crowd gathered on Library Park on Saturday for the Appreciation Day Draw, and Mrs. Glen Wise, RR 3, ,Clinton, was the lucky winner of $19,09 when her five percent coupon was drawn from the : drum. The winning coupon was the fifth coupon drawn, Among the first four coupons, was one for 50 percent which would have won its owner $190.89 if he had been pres'- ent. There was a 20 percent one, worth $76.35, and a ten per cent coupon worth $38.18, and another five percent coupon. However, these folk need not be too dis- heartened. Their coupons were re- turned to the drum after the draw was completed, and will be elig- ible to be drawn again next week, or at some future Saturday after- n000n draw. The Appreciation Day draws are held each Saturday afternoon at three o'clock at the same place, Emcee Bob Campbell each week lists the names of the merchants taking part in the promotion and gives special mention: to 'Sill the Barber" (Bill Edgar) who contrib- uted the drum from which the draws are made, and to Ball and Mutch Hardware, who contribute the sound system, and assistance insetting it up. Bob Irwin assis- ted in making the draws. Chief of Police H. Russel Thom- pson was on. hand Saturday to direct traffic around the crowd which over -flowed the small park, and the sidewalk, into the road- way. Next week the Treasure Chest will total $437.69, of which some- one might win 50 percent, or $218.85, if his coupon is drawn. The smallest share possible will be five percent, or $21,88. There is a winner every week. You must be present to win. Home And School Association Finds School Crowded; Meets In Hallway , The first meeting of the 1955-56 season of the Adastral Park Home and School Association, was held during the evening of November 14, in A/V/M Hugh Campbell Public School. Due to the constructing of an addition to the school and the in- flux of new pupils, space was, and is, at a premium. The audi- torium that has been used for meetings in the past, has been divided into two classrooms and this left only the hallway with enough space to accommodate the 330 Points Puts Huron YPU at Top At a Music Festival held with- in the London Conference Young, Peoples Unions, in Exeter last Friday evening, Huron entries scored the most points totalling 330 in the event to win top place. Prior to the finals, festivals within each of the five presbyter- ies of the conference were held, and then' winners from these were sent from Lambton, Huron, Mid- I dlesex, Essex and Oxford to the finals, The Huron Presbytery festival was held in Walton - on November 3. converging on the present ex- change building must also be con- nected to the dial equipment which will be installed in the new building on Rattenbury Stree W. At the time of the cutover, in a matter of seconds, the manual ex- change will be cut out of service, and the dial equipment will go in- to action. Other phases of the cutover project are progressing on sched- ule, W. W. Haysom, Bell man- ager for this region, said this week. Installers have adapted most telephone sets in Clinton and vicinity for use in the dial system. Workmen are putting the finish- ing touches to the new building, and in a week or two, skilled technicians will begin to install the complex dial equipment in the building. Going, Going, Going . The month for paying your sub- scription to the Clinton News -Record at the present rate is almost GONE There are just five days left before the new rate goes into effect. • • For your convenience the News -Record office will be open between 12 and 1 p.m. every day until November 30 and also -- all day and in the evening, Saturday, November 26. For the boy or girl away from home ... or For the friend who once lived in Clinton .. . What better Christmas Gift? It brings pleasure ,52 weeks in the year and at such a low cost! The Clinton News -Record still costs only $2.50 per year. Until November 30, all Subscriptions, renewals or gifts cost only $2.50 a year ($3.50 in USA). Ore and after December 1, rates are going up to $3.00 (4.00 in USA), Order the Clinton News -Record NOW and SAVE 50c M. Gaunt Wins Queen's Guineas At Royal Winter Murray Gaunt, Lucknow, for eight years an active member in 4-H Clubs in Huron County, last Thursday brought honour to his home county when his beef calf placed tops in the Queen's Guin- eas Class at the Royal Winter Fair. Competition among the over 200 entries In the class was stiff, and the north Huron Lad earned the honours which he won. The winner's trophy and the guineas were presented by Lieutenant - governor L. Breithaupt, in the Queen's name, at the Royal. On Saturday an auction of market beef cattle was held at the fair, and the Guineas calf, weighing 1,000 pounds, w a s bought for $2.50 per pound. This compares with $160 paid for the Guineas calf last year. The grand champion steer at the fair, owned by Ed Noad, Pincher Creek, Alta„ was auctioned for $2.60 per pound against $1.60 per pound, last year. A civic reception for Murray, along with David Kirkland and Barry McQuillan, the Ontario beef judging champions, was held to honour them at their home town, Lucknew on Saturday night. A victory parade was headed by the Lucknow Pipe Band and the Lucknow District High School Band. During a halt in the par- ade, the three boys spoke briefly and also saying a few words were John W. Hanna, MLA; L. E. Car- diff, MP and Mayor It.' E. Mc- Kinney, Wingham. parents and teachers, during the meeting. C. A. 'Trott, principal, was call- ed on by the president to explain the school situation and introduce the teachers to the members of the association. Mr. Trott explained that the school is overcrowded at the pres- ent time but when the addition to the school is completed, this situation will' be relieved some- what. The new married quarters are near completion and this will bring a new group of children and the crowded conditions may still exist. After Mr, Trobt's address, the election of a new executive was carried out. The new executive is: president, Mr. Halward; vice- president, Mrs. Spilsbury; secret- ary, Mrs. King; treasurer, Mr, Dymond; entertainment commit- tee, Mr. Palmer, Mrs. Geiger, Mrs, Stinson; lunch conveners, Mr. and Mrs. Sutton. The retiring president, Mr. Pox - on, expressed appreciation for the co-operation extended to the ex- ecutive of the '54-'55 season, by the teachers and members of the H&SA. Mr. Poxton felt that the same co-operation would be giv- en to the new executive, Following the general meeting, a lunch was served and the par- ents had an opportunity to meet with the teachers, Some Corrections Last Week's Paper In the story of the Remem. brance Day service at the ceno- taph here in Clinton, the following errors are acknowledged: Of the group representing the armed ser- vices, it was Nursing Sister Flying Officer Therese Fortin, not LAW Fortin; Sergeant Woods represent- ed the RCAF, not the Canadian Army, and Corporal Reid reprer- sented the Army, not the RCAF. "Old at 40,50,60?" — Man, You're C Forget your eget Thousands arop.pp� at Try "pepping up" with Ortrez. Coundas for weal, rundown feeling dna solely body's lack of imu which many man and women all "old.' Try Ogres Tonle Tabby I pep. younger, feeling, this very day. lf.V II.t acquaioted' size only 60.. Foe a.le $ dl drug atoms .verywher.. PROCLAMATION MUNICIPAL ELECTION TOWN OF CLINTON NOMINATIONS Friday, Nov. 25 1955 ELECTION Monday, Dec. 5 1955 Notice Is hereby given that a meeting of the Electors for the Nomina- tion of Candidates for the position of Mayor, Reeve, Deputy. Reeve, Councillors, P.U.C. Commissioners and Public School Board for the ensuing term will be held in the COUNCIL CHAMBERS of the TOWN HALL, CLINTON FRIDAY, NOVEMBER 25, 1955 Between the hours of 7.30 o'clock and 8.50 o'clock in the evening. JOHN LIVERMORE, Returning Officer. and if necessary, an election to fill the above named positions will be held on MONDAY, DECEMBER 5, 1955 at the following places and by the following named persons, that is to say, in ST. ANDREW'S WARD — At the Council Chambers; Deputy Returning Officer, Ernest Rainford. ST. JAMES' WARD — Legion Hall, Birk St.; Deputy Return- ing Officer, Mrs. Margaret MacDonald. ST. JOHN'S WARD -At Bahl -Macaulay . Show Room, King St.; Deputy Returning Officer, Mrs. Charlotte Freeman. ST. GEORGE'S WARD At K. W. Colqu noun's Office, Royal Bank Bldg.:; Deputy Returning Officer, Eddie Mitten. commencing at the hour of nine o'clock in the foreneon and continuing until the hour of six o'clock in the afternoon and the results will be publicly declared In the . Town Hall, on Tuesday, the 6th day of Decem- ber, 1955, at 12 o'clock noon. JOHN LIVERMORE, Clerk and Returning Officer 46-7-b