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HomeMy WebLinkAboutThe Wingham Advance Times, 1925-12-24, Page 4spell nOSt 1NA AAiIN11 My Sine are Wish: - ay this and The Ne bring yo i all that ma ha ,I piness0 J. Wait:i ill Y icKibbo istmas ear kes f eritaidilfsM op 0,1 a MMMores Drug Store Phone 53 Wnanzhem. Ont. a Stare IIAIApIi l MAIe I,104elieelitialeate AAAeIA1Aa IgAIAIII l!Fte14eARINn91IlA1AXANf1IIae 11RiNealltelaleInUUgryAurn!nnlR!IwPApAPM WIN'G]i•1`AN A VANCE-UMf.'',S unnuop ...mmmv u, nium pv4sura uneraups!w su.m.uwuaw• .umNum w...4..... ;.M....mm,mw.Wm. Mwiue04WOUP 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 I �g ....,.:ynutw..,,,•�,..uw.sw.�inwwww.J.ai 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 118 Ns eel 111111111111111111100 MILE A Ova lath fitollionrb p 11��I 1!. trr fistulas to grin at b yours •ey, is a Nrin ear bring gun rop. ritg aub itI9m , AMI 0 — Telephone 23 THE GOOD SHOE STORE WINGI-IAM, ONT. 114 aA{ 111 MI f8 Pi ar of J rhin tfor ," Si , 1 les t 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