HomeMy WebLinkAboutThe Wingham Advance Times, 1925-12-24, Page 4spell nOSt 1NA AAiIN11
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TEES
WA T ri` ;. D'S
ROUSE TO RENT—Good brick
dwelling with garage. Apply to
Hanna & Co., Ltd,
4
FOR SALE—Brick house, all 'con-
veniences, on Mill Street, Wroxeter.
Apply to Ernest Dobbs.
FOR SALE—Fox Hound, also a sox
3o savage rifle as good as new. Ap-
ply to Wilbert Gallaway, Gorrie.
FOR SALE—Brand New ` Quebec
Heater and Cooking Stove, came by
mistake,. rather than return firm of-
fers it at a sacrifice for quick sale.
Never unpacked, guaranteed great
heater and cooker, economical on
fuel. Enquire at Thompson $, Bu-
chanan Hardware.
FOR SALE—Girl's hockey skates and
shoes. Apply at R. S. McGee's gro-
cery.
ti
FOR SALE—Ten young Pigs, five
weeks old. Edmund • Irwin, Bel -
grave. Phone 24-630.
r FOR SALE—A Victrola with cabinet
and records. Apply at this office.
FOR SALE—Choice three year old
heavy filly or will exchange for,
good driver. A snap for quick sale.
R. A. Spotton, at Currie's Livery.
UND—Ladies handbag near Le -
by -proving property and paying for
pards shed. Owner may have same
this advertisement -Advance -Times.
FOR SALE—Baby Sleigh with top
and a go cart. Apply to W. J.
Boyce.
REASON FOR NO ICE
To the Editur av all Thim
Wingham paypers,
Deer Sur,—
This will be the Iasht letther ye
will nade from me till after Christ-
mas, an that moinds me av how fasht
the years roll arround. 1 intind to
subshcrobe fer yer paypers agin if the
missus dassent shpind all the money
gettin prisints fer her grandchilder. I
don't suppose theer wus ivir such
foine childer in the wurruld befoor.
'Tis the way wid grandmothers; they
inay bring theer own childer up be
hand—a good shtrong wan—apploid
in the proper place whin nicissary,
but no wan musht lay a hand on the
sicond ginerashun arr say a wurrud
agin them, even if they are the mosht
unreginerate young savages in tin
counties, 'Tis the way wid the wim-
min, emoshuh an not rayson is theer
shtrong point. Take the inissus, fur
inshtance„ raised in a Tory home an
wid the binifit av advioce •from mesilf
all these years, an yit she wud argy
that Jawn King sbud hev the sate in
Nort Huron jist because he got more
Votes than Jarge Shpotton; as if that
had annyting to do wid it. The Grits
an U. F. O.'s had their own min tak-
in the votes and if they made a mess
av it that is theer own look out, an. I
don't see whoy the Tories shud suf-
fer be rayson av theer blunderin, no
matter what thim judges say. A ball-
ot is a ballot if iviryting is correct wid
it, but if not, shure, it isn't a ballot at
all at all, so it isn't an shudden't be
counted. I tink annywan wid corn -
ion sinse shud be able to see that. A
coat isn't a coat wid only wan shlave
n it, an a pair av trousies wid only
wan leg wudden't be the koind a da -
mut man wud want to wear on the
htrate, But ye can't be even wid
him Grits at anny toime, an at prisint
hey wud do nearly annyting In the
wurruld to get wan more sate in Par-
eymint.
I got tinkin wan day lasht wake
how the moinds, av mosht payple loin
only hould wan oidea at a toime, pre-
sent company ixcipted. Fer inshtan-
ce the min hev been wondherin whe-
her Jawn arr Jarge wua win, the
wimmin: hev been shtudyin cook
hooks an plannin tings fer the table
PUBLIC SCHOOL REPORT'
(Continued from page 1.)
186; Lorene Haller 162; Gordon Led -
let 162; Mae Gibson x68; Hilda Fitt
x38; Norman Lediet zz7;; Fred Saint
78. Lilian Howard, teacher.
Jr. 11
Total 200, hon, z5o, pass x2o—
Honours, Elgin Coutts 189; Irene Mc-
Innes 179; Evelyn Patterson 175; Ca-
therine Nortrop x74; George Robert-
son x7o; Doris Buchanan x69; Doro-
thy Forsythe x66; Alvin Smith 162;
George Mason 158; Leonard Bok 159;
Louise Deyell x51.
Pass—Norma McEvers x47; Teha
Reid 144; Arnold Hudson 142; Percy
Deyell 141; Frances Currie 139; Ste-
wart Carter 136; Chester Stewart
134; Lance Browne 13z; Fred Horne
127; Ruby Fitt 124; Frank Collar 124.
Failed—Preston Lediet 119; Harry
Shapiro ixg; John Preston 115; Har-
old Finley flea; Dorothy Hutchison
io5; Beryl Mundy' xo4J Marjorie
Smith 104.
Ungraded—Henry Everitt, C. E.
Hartwick, teacher.
First Book
Total 152, honours 114, pass 61—
Caroline Wellwood 152; Billie Lepard
146; Winnifred Small 145; Ross How-
son 143; Helen Burgess 143; Marvin
Smith 142; Ruth Mitchell 142; Jean
Zurbrigg 141; Ralph Hammond 138;
Gracey King 337; Winifred Carr r35;
Beatrice Forsyth 135; Norma Groves
134; Morre Shapiro 129; Bernice
Mundy 124; Norman Blatchford 123;
Stanley Henderson x18; Audrey Pat-
terson 112; *Edith Finley no; *David
Parker 1o8; Harry Ross 103; Alvin
Lediet go; *Charlie Chittick 97; *El-
aine Radford 83; *May Wilson 81.;
*John Currie 74; *Lister Shiells 67;
*George Carr 66; *Jean McDonald 51.
P73/ills Johns, teacher.
Primer Class
Total Igo, honours 142. Class A—
Lloyd Ellacott 167; Isabel Habkirk
165; Winnifred Rintoul 162; Hazel
Lediet x61; Billie Davidson 154; Ed-
ith Field 152; Beth Stone r49;aBei•t
Vansickle 148; Grace Brackenbury
145; Lorraine Carter 140; Stewart
Forsyth 128; Helen Miller 124; Irene
Mellor 124; Betty Collar 121; Luetta
Bok 121; Marie Reid 120; Jean Mell-
or 119; Lillian Fuller 112; Velma
Stoakley 107; James Durnin 91; Em-
ma Krohn 86; Grant McIntosh 74;
Jimmy Lee 70.
Class B
Irene Clark 17o; Helen Groves 170;
Lillian .Harvey x6o; Gilbert Cross
16o; Marjorie Forsyth 16o; Bobby
Rae x4o; George. Elliott 14o; Evelyn
Gamble z38; Ilene Brown 6o, absent;
Irene Brown 6o. absent; Irene Fitt
58, absent; Charlie Ross 4o; Kathleen
Saint 20.—R. E. Sotheran, teacher.
THE CHRISTMAS CANTATA
Mr. Frank Hill, leader of St. An-
drews Church Choir, and his assist-
ants should be given .every encoura e-
ment in their effortsto put on he
Christmas year. Cantata each Y a . he
best local talent are invited to take
part and the result is a musical treat
for those who avail themselves of the
privilege of attending. The music is
often most difficult and those wlio
get it up spend many of their even-
ings in practice when they would
much rather be making preparations
for the ,Christmas holidays in their
own homes. These affairs are not
money makers by any means as the
music generally costs as much as the
amount of the collection taken in.
In addition to this any musical, en-
tertaiment does a good deal to help
the singers who take part, it affords
• them a ,,good amount of practice and
after all what assists in developing a
person's vocal talents better than prac-
tice? A singer who does not get a
chance to sing in public soon looses
their talents.
FOR SALE—Two used phonographs. s
One Victor Console and one up-
right Edison. Both slightly used t
t
will be sold at a bargain. Manua
& Co., Ltd. 1
LADIES—Give our beauty parlor a
visit. We specialize in all Iines of
hair dressing, manicuring, facial
and scalp treatment. Mrs. Chislitt,
Main Street, Listowel,
•
PLEASE—Would the person who
picked up the parcel of underwear,
in J. A. Mills Store by mistake
kindly bring it back for the owner,
S. B, Marshall, Ghenannan.
70 RENT—Good brick house, five
acres of ground with •good stable
for rent, either by year or month.
Apply for particulars to John J..
Johnston, Lpckitow, R. R. 5,or a
Richard Casemore, Wingham.
WANTED—Young girl wishes posi-
tion doing 'general housework. For
particulars, phone 613-15.
t
to shpoil the stummicks av theer
families at Christmas toime, the
young 'payple hev been wishin fer oi-
ce in tate Arena an the kiddies hev
been hopin that Santa Claus will not
fergit thim,
Some ,,tin kin Link, av nothin but
pollyticks an sbtudy thim in sayson
n out av sayson, bringin thirty in
whin theer is no rade av it. Wan day
I wus'in Rae & Thompson hardware
shtore an a lot av fellahs wus in theer
buyintins arr waitin fer toime to go
home to dinner. "I wondher what is
the rayson thim Arena direcktors are
so sklow rnakin oice," sez wan fellah
"'Tis because av the hot air gineratecl
at the Tory maytin laslit fall, an the
rink has inhyir got cooled down since,"
BORN
Cook -1n Belgrave oat Monday, TJe
comber 2;tst:, to Mr. and Mrs. Geor
ge Cook a son:
'TWILL NEVER DIE
The Christmas Festival of good-
will, goodfellowship, and peace has
lost none of its popularity in its pass-
age through the ages.
Nineteen hundred and twenty-five
finds us welcoming it as heartily as
did our ancestors a thousand 'years
ago, before railways, telephones, radi-
os or automobiles were even dreamed
about.
It awakens dormant feelings and as-
pirations which the clamor of worldly
life stifles and deadens.
It opens deep springs of brother-
hood and love, from whence flow de-
sires to bless with gifts and good
wishes.
sez her fellah. Is that so?" sez
the fursht feliah, "Mebby ye had beat -
her throy to hould a Grit maytin in
Wingham an ye wud hev such a frost
that the byes wud 'be playin hockey
all nixt summer,"
'Tis quare how some min's moinds
same to run to pollyticks, but I wus
glad the Tory got the besht av the
argymirrt.
Yours, till nixt wake,
Timothy Hay.
Thursday, December 24th.,' x925•
laumuurtausuounamtuequasommUa
THE NORTH HURON CASE
Formal appiicatlon for ittiphement-
ing of the Supreme Court order, call-
ing for removal of counterfoils and
counting of 342 'ballots disallowed,
will have to be made before Judge
E. N. Lewig, .ansi_ this .will _probably
be the next step in the 'North Huron
election case, now that the appellate
division refused today to entertain an
appeal from Justice Wright's decis-
ion. The latter a few days ago ruled
that it was the duty of the county
judge, who held the recount, to re-
move the counterfoils left on by three
O.'s in, Grey and Ashfield town-
ships and count the ballots. These
give 3. W. King, Progressive candi-
date, stiffcient majority to elect him
over George W. Spotton, Conserva-
tive,
"Whoever has charge of getting a
mandamus will 'apply for an appoint-
ment and I will carry out the law,"
his honor explained.
The judge has already been served
by the sheriff of Huron with the man-
damus granted. by Justice -Wright.
Any action upon it was, of course,
held up by the appeal taken on behalf
of Mr. Spotton to the appellate divis-
ion.
Judge Lewis' attention was called
to a report. that he would not remove
the counterfoils on the disputed ball-
ots.
"This country is founded on law,"
its' commented. "When I decide so-
and-so that stands until 'it is, decided
I .am wrong, and we must stand by
the law. It is entirely a matter of
law; I have nothing to do: with who
gets in."
The second divisional court of the
appellate division at• Osgoods Hall,
dismissed the .appeal entered by
George Spotton, Conservative candi-
date in North Huron, against a judg-
ment of Justice Wright, ordering a
further recount of the ballots in the
recent federal election, and the cor-
rection of certain errors made, by the
returning officer, The costs are pla-
ced on Mr. Spotton.
Their lordships heldthat there was
no right of appeal from Justice
Wright's decision, his decision being
given by authority of the Dominion
Elections Act, over which, the Ontar-
io courts had no jurisdiction. It was
held by I• • F. Hellmuth, K. C., acting
for Mr. Spotton, that: Justice Wright
had given his dedision as a justice of
the Supreme Court. The bench held
that he had simply been acting as the
person designated .under the act and
to all intents might have been . plain
Mr. Wright, Their lordships, there-
fore, declined to entertain the appeal,
declaring they had. no jurisdiction. As
the Dominion Elections Act provides
no appeal from Justice Wright's de-
cision, this verdict is taken by some
as concluding the case and as the
ballots in dispute will be counted in
the recount ordered by Justice
Wright the seat will go to J. W.
King, the. Progressive:
Only 40 minutes elapsed in hearing
the argument of I. F. Hellmuth, K.
C., counsel for Mr. Spotton, and the
reaching ofathe decision. Their lord-
ships did not consider it necessary
to hear the argument of Newton
Wesley Rowell, K. C., acting for J.
W. King, the Progressive candidate,
but delivered their decision without
leaving the bench. Chief Justice Lat-
chford delivered an oral judgment as
follows:
"We are all of the opinion that this
court has no jurisdiction to entertain
an appeal from the order made by Mr
Justice Wright. That order was made
under the provisions of section 7x of
the Dominions Elections Act and that
act gives no appeal from the order as
made. The application is dismissed
with costs."
Mr, Justice Masten, giving his con-
currence, said:
Justice Masten: "I concur simply
on the grounds that jurisdiction rest
solely under pariicnler and specific
sections of the Judicature Act, which
declares in what cases an appeal shall
be, and the point raised by Mr. Hell-
muth as to right to amend orders of
the court does not rest with this
court. Ifany such right exists I
think that is in the weekly court,
where the sitting judge has general
powers of the court of assize."
Justice Marten's reference to the
correction of matters had application
to Mr. Helltnuth's contention that if
the order issued by • Justice Wright
was wi'ong,, then, the Supreme Court
had a right to correct it.
Under the Elections Act there is
no appeal from the decision of a jus-
tice 'of the Supreme Court, but I, F.
Hellmuth, K. C., was successful in
getting leave to appeal on the plea
that Justice Wright had no jurisdic-
tion to male the order and he did,
instructing the county court judge to
remove the counterfoils from certain
disputed ballots and: carry out a re-
count. Justice Mowat granted leave,
stating it was most desirable that
more than''o,ne jt stpi.ce should consider
the. case, Which was a rnt'ist in•Iport-
ant one. In order that the matter
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might be settled before the forthcom-
ing session of the ''new. Parliament,
his, lordship expressed a wish that the
case be heard as early this week as
possible. The Supreme Court has
mei this wish and the case was put on
the peremptory list for Friday. The
bench includes Chief Justice Latch-
ford and Justices Riddell, Middleton
and Masten,
Chief Justice Latchford asked on
what authority the appeal was enter-
ed.
Mr. Hellmuth: "Mr. Justice Wright
was a justice of the Supreme Court
and it, was an order of the appeal
court it can be appeal."
Justice Middleton: "It may be an
error •'of the peasona designate and
not an order of the Supreme Court."
Justice Riddell: "All we can' say is
that it was not an order of the Su-
preme Court, but of the' persona de-
signate."
Mr. Hellmuth read section 7o of
the Elections Act, giving authority for
the justice to hear the appeal from
the recount. ,He claimed this was an
order of the Supreme Court and he
could appeal from it. •
Their lordships questioned that this
was not an order of.the Supreme Court
but of ,a justice of the Supreme Court
who was persona designate under the
act.
Mr. Hellmuth claimed that whether
rightly or wrongly the order was
made by Mr. Jusiice Wright as a jus-
tice of the•Suprene Court and enter-
ed on the records of the Supreme
Court and therefore was subject to
the rules of the Supreme Court which
permitted an ;appeal.
-Their lordships objected that Mr.
Justice Wright had acted as a justice
of the Supreme Court "There isno
provision," said Mr. Justice Riddell
"for action on our part. The Legis-
lature of Ontario cannot give us juris-
diction over a Dominion act,"
'Mr. Hellmuth We want an order
of the Supreme Court that this order
of Mr. Justice Wright was beyound
his jurisdiction."
Mr. Justice Riddell: "Where do we
get jurisdiction to do that.
Mr. Hellmuth: Your lordship would
have jurisdiction to quash any order
that is issued by the Supreme Court
of Ontario. Where an order has been
given granting leave to appeal it is
entirely within your jurisdiction.
Mr. Justice Riddell: "You are say-
ing the Legislature of the Province of
Ontario has given .this court certain
jurisdiction, This Election Act is a
Dominion natter and Ontario has no-
thing to 'do with it,"
Mr. Hellmuth: "I am not suggest-
ing that if Mr. Justice Wright had gi-
ven the order as an individual desig-
nated under the act that I could have
come to this court in an appeal. But
he did not do so. He gave the order
as a judge of the Supreme Court.
Chief Justice Latchford: "The or-
der is made by a judge 'designated by
the statute, as a judge of the Supreme
Court, not to act as a judge' of the
Supreme Court."
Mr. Hellmuth: "This order is not
niade under the Dominion Elections
Act. It is entered in the records; it
was heard in chambers. It is a Su=
preine Court order and mast be con-
sidered as such."
Mr. Justice 1Vliddleton. "We can
only deal with actions of this court."
Mr. Hellmuth: "This is an action of
this court, the Supreme Cqurt."
His lordship: "Oh, no," •
Mr. Hellinuth: "I submit that, hav-
ing taken an order from the Supreme
Court they are subject to the rules of
the Supreme Court, That is the bas-
is of my argument,"
Under the Eie,ctions Act there is no
appeal from the decision of a justice.
of the Supreme Court, but this week
L F.. Hellmuth K. C., was successful
in getting leave to appeal ons the plea
that Justice Wright had no jurisdic-
tion to snake the order he did, in in-
structing the county court judge to
remove the counterfoils from certain
disputed ballots and carry out a re-
count. Justice Mowat granted leave,
stating it was most desirable that
more than one justice should consi-
der the, case, which was a most im-
portant one. In order that the mat-
ter might be settled before the forth-
coming session of the new Parlia-
ment his lordship expressed a wish
that the case be heard as early this
week as possible.
"The appellate court decision has
not advanced the matter at all," de-
clared Grenville Price,who appeared
with I. F. Hellinuth, K. C., before the
appellate division.
"The appellate court," he • added,
"has abstained from saying . whether
the order•of Justice Wright,'directing
the county judge to count tite 342.
ballots With counterfoils, attached, is
good or bad, If the cottety judge is
inclined to regard that order as not
binding upon him, there is apparent-
ly no provision under the Elections.
Act to compel him to obey the order.
The next step is 'before the county
jn' ike."
Mr. Price wa,s not prepared t� say
whether there Would be an ,appeal to
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— Telephone 23
THE GOOD SHOE STORE WINGI-IAM, ONT.
114
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111
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Pi
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Persons intending to repair their building should
order early and receive benifit of
early buying.
1
Wfishle ad all. A ' 'terry Xmas
nd a e'°ros ilt,erous New Ye re
L.
BLUEVALE,
ONTARIO
now mem sr
the Supreme Court of Canada to de;.
termine whether the appellate divis-
ion was correct in its findings that it
had no jurisdiction to entertain an ap-
peal from the order made by Justice
Wright.
Discussing today's action of the ap-
pellate. court Mr. Spotton tonight said
the. last has not' been heard of the
case.
"The battle is not yet over," said
Mr. Spotton. "There are still a few
rounds."
The Conservative candidate's legal
advisers also intimated that the fight
for possession of the seat would, be
carried further, but. neither he nor
any of his counsel would state what
steps it was proposed to take. They
did suggest; ,however, that an appeal
could be taken under the Dominion
Controverted Election Act, which
deals . with corrupt practices. ,
It was pointed out that Mr. Spotton
is in the position of having been de-
clared elected over J. W. King, Pro-
gressive, in North Huron, and that his
election has not yet been upset, and
that while the Progressive candidate
had been placed in a favorable posi-
tion ,by Justice Wright's order his
right to the seat had still to be defin-
itely settled.
Attention in the case now centers
in the attitude of Judge Lewis on
Mr. Justice Wright's decision.
FORDYCE
Mr. John Champion of Lucknow,
spent the week -end at Fordyce.
Miss Lochart our general school
teacher held het Christmas tree and
play called "The Suez" on Monday
evening last. The school being full
to the door. The scholars were all,
trained well, it was astonishing to the
audience to see them so well trained
making no mistakes also the larger
ones in the play, which lasted far in
the neighborhood of three hours. Mn'
John Webster,occupied' the chair ev-
erything going' fine. Miss Lochart
thanked the audience for their good
turnout. All being over everybody
sang `:God Save the King", everyone
enjoyed a good time.
Sorry to hear the sad accident whi-
.
eh happened to Mr. Thomas Alexan-
iwiliuW�Iwie11 mWeai I h11114I41
der -by getting his two legs broledii"'-
between the knee and the ankle,' Dr.
Hainbly of Wingham was called and
removed him to Wingham Hospital,
where be will be in a critical condi-
tion for some time.
Sorry to hear that Mr. C. Martin,
sr., is at present, not very well with
slight hopes for his recovery.
Glad to hear that Mr. Gass Boyle
who has not been well this last few
days, is improving.
Mrs. J. Hoarn and son, Michael are
at present in Toronto visiting her son,
Elmer, who is not very well at pre-
sent.
x2th. CON. HOWICK
Mr. John Wridt's Sale last week„
was well attended. All stock bring-
ing good prices,
Mr, and Mrs. George Baker, visit-
ed at Lorne Laird's last week one
dad•.
Mr, Jim Warrell, has treated hint
self to a Radio,
BLYTH
Mr, Frank Metcalf, Fruit Inspector,
returned from the West on Monday
eve,
Mr, Bert Pearse is spending the
hoTichays with relatives and friends in
this vicinity.
A very pleasant event transpired' at
the home of Mr. and Mrs. William
Grey, Mullett, ion Thursday, Dec. 17,.
when their elder daughter, Miss Mil-
dred was united in marriage with Mr.
Leonard McNeil, Rev. Mr, Snell of
Londesboro United Church officiat-
ing. After a brief ._honeymoon, the t
bride and groom will reside at Pro-
vost, Alberta, where the groom is en-
gaged nnin
DelightfulinfaCltrg.istnlas Services were
held in all the churches on Sunday
[evening. A White Gift Service was
held in Queen St. United Church and
lavas worthy of special mention. Each.
class presenting a gift of money and
(will be forwarded to the following
places: Children's Aid Shelter t
Goderich, richt, ' Protestant Orphanage
ir p anage at
iRic7
nottd Hill, Soldiers at Christie'
Street •"Hospital, Free Press Santa
IauSC1
Fund tact acid a .Christmas. Dinner:
for a poor family in Toronto