The Brussels Post, 1893-6-16, Page 66
THE BRUSSELS
aleasselesessuesesememeauseeiwasesewswesseenessessweesiesewassesie
HURON V$. MORRI's.
nee Wan,
In the matter of the Arbitration be-
tween the Corporation of the Ooenty of
Huron (hereinafter called "the Coonty")
and the corpovetiou of the Townelep of
Morris, (hereinafter called "the Town-
ship.")
Whereas Itis Honor Isaao Francis
Tom, County Judge, bas been duly ap.
pointed arbitrator by and on behalf of
"the County," Wm, Clegg, grata -mor -
chant, arbitrator by and on behalf of
"the Township," and Jas.. A. Morton,
barrister at•law, third arbitrator, by the
said two other arbitrators, to whom
wore referred in pursuance of section
538 (a) of the Consolidated Municipal Act
1802, all questions relating to the share
or percentage which thoCounty shall con.
tribute towards the maintenance of the
following bridges within the said town-
ship of Morris, being bridges of I00 feet
in length or more, namely:
(a) The bridge crossing the River
Maitland on the road between the first
and seoond concessions of the said Town•
ship to the east of said Township and
usually known as Rattan's bridge.
(b) The bridge known as Ard's or Fat -
row's' bridge on the sideroad between lots
10 and 11 in the second oouuession.
(c) The bridge known as Hogg's bridge
on the rood between the lith and titl1 cons.
of the said township a little east of the
town hall of Morrie, at lot 17.
(d) The bridge known as Clark's bridge
close by said town hall,
(e) The bridge known RS the Sunshine
bridge on the sideroad between lots 10
and 11 iu the Oth con. of said township.
(1) Tbo bridge known as the Bodmin
bridge, east of Be}grare, on the road'be-
tween the 4th and 5th Daus, at lot 0 in
said township.
(g) The bridge known as Gallagher's
bridge, on the road between the 3rd and
4th cons. at lot 11 in said township.
(h) The bridge known as Armstrong's
bridge on the road betweeu the 5th and
5th cons, at lot 3 in said township.
(i) The bridge known as Brandon's
bridge on the road, a deviation of the
concession road between the 2nd and 3rd
eons. at lot 5 in said township, and (1)),
The bridge known as Martin's or Vanal-
stine's bridge on the road between the
1st and tad Done. of said township.
And, whereas, the said third arbitra-
tor was appointed on the 17th day of
February A. D. 1898, and whereas the
County and the Township by their Coon.
sol agree that the time for making the
award in the premises should be extend-
ed and by writing under the hands of the
said counsel dated the 27th day of Feb.,
A. D. 1895, the said time was thereby ea -
tended to the 1st day of May, A. D. 1808.
And, whereas, before proceeding to try
the matter of the said arbitration the
said arbitrators respectfully made and
subscribed before a Justice of the Peace
for the County of Huron the oath re-
quired by section 807 of the Consolidated
Municipal Aot 1802.
Now, we, the said arbitrators, Isaac
Francis Toms, Wm. Clegg and J. A. Mor-
ton, having taken upon ourselves the
burden of said referenoe, 5,05 having
beard the evidenoe adduced and the ills•
gattoue made by both parties, de award
as follows :-
1. That the County shall contribute
nothing toward the rnainteu0uce of the
two bridges hereinbefore mentioned and
known as Ard's or Farrow's bridge and
Clarke's bridge.
2. That the Connty shall contribute
towards the maintenance of the other 8
bridges bereinbefai'e 'motioned, being
bridges 100 feet in length or more, and
being : (a) The bridge known as Rat-
tan's bridge. (c) The bridge known as
Hogg's bridge. (e) The bridge known as
the Suu•hiue bridge. (f) The bridge
known as the Bodmin bridge. (g) The
bridge known as Gallagher's bridge, (h)
The bridge known as Armstrong's bridge.
(1) The bridge Mown as Brandon's
bridge and (j) the bridge known as Mar,
tin's or Vanalabine's bridge, all within
the said township of Morris, forty per
oentum of the cost of meintenanoe of the
said eight bridges hereinbefore last men•
tioned, for the period of ten years, in-
cluding the present year 1803, to be paid
from time to lime as the work and
materials are done and provided.
3. That the County shall pay to the
Township, on the scale of the High
Court, forty par centum of the Town•
ship's 00•ts of the reference ; and the
County shall also pay seventy per centum
of the arbitrators' fees. In all other re-
spects each party to the reference shall
pay its own costs.
And the said Isaac Francis Tome, the
arbitrator appointed by the county, do -
clines to join en this award for the reasons
contained in a memorandum signed by
him annexed hereto,
In witness whereof we leave hereunto
set our hands this 20th day of April A.
D. 1898.
(Sgd.) W. CLEGe.
(Sgd.) 1. A. Moaxov,
Signed in the presence of
(Sgd) Wet. 13. Toween,
JODGE TOII's REPORT.
As I am unable to agree with my
brother arbitrators, I will briefly give
my reasons :
1. The section 533 (a) is a difficult one
to construe, I give my opinion with great
diffidence. I think the Legislature only
intended to give relief where a township
was so burdened with bridges required
for the convenience of tate public in ad.
clition to their other ordinary obligations
that their taxation was all out of ;proper.
tion
propor-
tion with the other mttuleipalities.
2. The arbitrators are entitled, in my
opinion, under sub•seotion "b" (the arbi-
teetars sharp amongst other matters, ,Oo.)
to consider the amount expended by the
municipalities upon the building and
maintenance of highways.
8. Morris contends that the intention
of the not is to equalize the expenditure
for bridge, over 100 feet in length. Were
this the case the Legislature could easily
have arrived nt that result by enaobing
Unit the county should assume all bridges
Over 100 feet in length ; this would equal.
izs the expenditure to a hent.
4. It will be seen by the schedule that
with bbe exception of Turnberey, the ex.
peuditurs of Morris for roads is the low-
008 on the list .0000. They say that their
excessive bridge expenditure prevents
them from building roads, their total
rate For roads and bridges ie .0187 ;
Compare this with Stephen .0823, Grey
.0215, Moltiltop .0245.
5. The average rate over the tenuity
for bridges is .00574. Stephen is .0005,
Grey .0004, if Morris is right, Stephen
and Grey havingbridges over 100'feet in
length oottld obtain relief under this act,
while IMoleillop could obtain no re
the bridge rate for that township b
00574, I can see no fairness in f¢
lop with a rate of .0245. for bridges
roads contributing to the expenditure
Morrie with a rate of 0187 for bid
and roads, and I cannot think that
Legislators intended to perpetrate e
au injustice, and I am therefore led
oonetrue the seotion in the manner
dilated.
0, The [watage road expenditnro'n
the county is .0108, that of Morris .00
int assessed value and population Mo
is about on a 900 with the ntuuioipali
I have mentioned, Stephen, Grey
McKillop.
7, All muuioipalibies have cape
burdens which, however, they may o
trot, but they are required by law to
pair highways and bridges and may
pnnisbed and are oivilly responsible
Dam damages iu Daof default, This is
primary liability upon all munioipalit
why under section 583 should brid
alone be considered ?
8. Is the seotnon nob intended beep
to a township with a sparse populati
low assessment and maintaining a uu
ber of bridges over the 100 feet ov
streams crossing roads whist are es
by foreign travel in a great measure, a
may truly be said to be bridges requit
for the convenience of the public, th
the menioipality might well nay, we ha
to build these bridges primarily for o
own use, foreign travel use them mo
than we do, we must keep them in go
repair, or pay damages, the foreign bray
requires more rebuilding and mors r
pair than if we alone need them, we he
a low assessment, itis unfair ; More is
ease which the Legislature !night w
be asked to consider, and I think t
section is intended to apply to such
case. The tabulated statement we ha
prepared does not appear to me to oho
that the taxation of any municipality
the county is so greatly dispreportiona
as to require in justice any readjus
meat.
9. If my colleagues are coereot
their oonsbruotion of the rection, then
would agree in their award.
(Sgd,) Isaac P. Toots.
Ma. G.tnnOW's LwrTEn.
lief, we feel that the same wisdom and hon-
esty of purpose will oonbinao to ahem -
tome their publio career,
3vd,—That we 0eeommend our dale•
Wee to the Liberal Convention at Otte -
we to support 0e a Volley of the pari
.snob resolutions as will ; 1st, ab leash
provide for immediate free trade with
Great Britain and an =proud offer of
free trade with every other country in
the world that will extend to 00000508
similar privileges ; 2nd, the reoonsbruo-
tion of the Senate Boas to make it elec-
tive instead of appointive, if it be deem.
ed inadvisable to abolish it altogether,
and that the constitution be amended 00•
oordingly; 3rcl, that the superannuation
of Civil servants be abolished ; 4th, that
legislation be euaoted to properly oon•
trol the railway' companies of Canada so
Mit they will be unable to diserimivate
0gainet the people of this country in
favor of the people of a foreign country.
These resolutions, sspeoielly those re-
lating to trade, the Senate and the rail-
ways, elicited a most interesting dieous• which h was taken part in by Mr,
Bishop, Mr, Falser, the Secretary, Mes-
srs. D. D. Wilson ; Watson and Camp-
bell, of Seaforth, McLean, of Tooker -
smith ; Beek and Mole wan, 0f Hensall ;
Dr. Stanbnr'y, Bay681d ; McMillan, Mul.
lett, and others. There wee not a great
divereity of opinion. Some favored even
a milder measure of free trade, while
some appeared afraid to go quite so far,
but on the whole the oondentnation of the
N. P. was unanimous and the general
desire was that trade should be es free on
all sides as the circumstances of the
country will permit, and the final deals•
ion arrived at was that the resolution ex.
pressed the feelings of all about as near.
ly as possible, and it was adopted unani-
mously. On the resolntiou respecting theSenate some thought there should be no
reoonabruobion, but that the old hulk
should be completely abolished.
The reeolntions, after this full minted,oration, were alt finally adopted. The
following were appointed delegates to at-
tend the Convention at Ottawa ;—D. D.
Wilson, Seaforbh ; Alex. Mustard,
13ruoelield ; Geo. Mel;+ wan, Rennin; H.
Smith, Hay ; A. Bishop, ef. P. P., Us -
borne. A number were also appointed
as alternates.
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GODEaICw, OST., June 0th, '03.
Josern Gnawer, 'Esq.,
Warden, County of Huron,
Goderich.
Be Monne vs. Hume.
Mo DEAR SIR,—
As you are aware, an award was orad
in the above matter', a copy of whioh
herewith enclose. You will observe tha
two of the Arbitrators eoncar in oharg
ing the County with forty per cent. o
the cost of maintaining eight of tit
bridges in question for the stat to
years, including the present year. Th
award also directs the County to p0
forty per oent. of the 'Township's posts o
tate reference, and seventy per cent. o
the Arbitrators fees. The Oounty wi
also have to pay its own costa. Judg
Toms, as you will see, dissents entirely
and agrees with what has been my con
taction tbrongbout. doting upon you
instructions I appealed from the award
aud the appeal was argued [mite recent]
before bis Lordship Justice Ferguson
who has not yet given judgment. Unti
he does give judgment the County should
certainly not act upon or recognize in anY
way the award, which, there is goo
reason to believe, will be ultimately se
aside. Of course the questions present
ed are almost wholly new. We have bad
13C1legislation of a similar character, and
the matter i=, therefore, one of consider-
able difficulty, and will, possibly, net be
considered settled by the judgment of
any one judge, and a matter which the
County Council should consider at its
present session is whether, supposing
Justice Fergasnn differs from lots Honor
Judge Tome, the County would be in•
alined to go any further by way of
appeal. It is necessary to consider that
at the present session, because appeals
have to be taken within fixed periods
after judgments are delivered from which
liter
intended to appeal. The matter
could, of course, be left in my feeds, or
(whioh I would very mooh prefer,) left
with you and your committee instead of
the Counoil taking any direct action.
The Judge before whom it was argued
(Justice Ferguson) is a very painstaking
and careful judge, and I look forward to
Ids judgment with -great interest, as I
have no doubt it will go a long way to•
wards elucidating what everyone admits
is a very difficult and obscure section of
the municipal law to deal with. I
should also say that during the session
of the House just closed, an Aot was
introduced to repeal the Sections in
question by the Member for South
Huron, but was withdrawn because it
was introduced too late in the session to
receive careful oonsideration. There is
no doubt, I think, that a more deliberate
attack upon the Seotiml in question will
be made at the next session. I mention
this for your guidance in dealing with
the demands which I understand ars be.
ing made by other Townships to be put
upon the same footing se Morrie.
Yours truly,.
J. T. Gamow.
SOUTH HERON il1L'01111EH%
A meeting of the Reforntere of South
Huron was held in Dixon's hall, Breeze
field, on Monday, June 5th. There teas
a fair but not large attendance. The
chair was oocupied by the President, Juo.
Hannah, and the Secretary, Thomas
Fraser, attendee to the dittiespeetniniug
to that office as usual. After pt'elirnm-
ary business a committee consisting of
the Secretary geed D, D. Wilson, Robert
eloMitian and M. Y. McLean was ap•
pointed to prepare a series of resolutions
to be submitted for the consideration of
the meeting, While bbe committee was
out Archibald Bishop, al. P. P., who was
present, was called on and delivered an
interesting address, descriptive of the
legislation passed at the last session of
the Ontario Legislature. John Mcil4il•
lan, M. P., is at present in the old coun-
try, 1'heoommitbee on resolutioue sub•
milted their report, malting the follow•
ing recommendations :•-
1st. --That this meeting desires to ex•
prase its continued eonddente in 'the
Government of Sir Oliver Mowatt, and
approvee of and communes the wise,
economical and jedioioua policy which
has been pursued by them,
2n5.—T.hat we desire to expose un-
qualified confidence in Sir Wilfred
Lathier and his colleagues in the leader-
ship of the Liberal party of the Dotnin-
ion, believing that their course in the
past bas been dictated by a desire to ads
Vance the interests of the eotlntry and
Genet.•al 1Newes.
The Sultan of Johore will visit the
World's Fair.
There is a plague of lootiets in the
Cauca valley, Ecuador.
The Duke of Ildiuburgh has been pro•
meted to the rank of admiral of the fleet.
The steamships Campania and Paris
started an another ocean race on Satur-
day from New York.
Minnesota pine bo the value of more
than 35,000,000 is said to have been
stolen from the state.
Supporters of Dr. Briggs announce bloat
they will nob secede but will keep up the
fight inside the Presbyterian church.
There were two deaths and numerous
prostrations from the beat at Pittsburg
on Saturday. The thermometer marked
840•
Last weals the newspaper men held
their great congress at Chicago and this
week the homoeopathic doctors take their
inning.
The newspapers of Ecuador are pro-
testing against the reported retie of
Chatham island to the United States for
a coaling station.
Two deaths from a disease of a
choleraic nature Pave oocured fn Ton.
louse, and ono death of a choleraic nature
at Nistnes, France.
Stanbury is the favorite in the betbing
on the single soull race at Austin, Texas.
There will be twelve starters including
Gaudaur, Teemer and Hanlau.
Joseph Pulitzer, of the New York
World, has given 3100,000 to the building
fund of Colombia College. The trustees
asked for 32,000,000 and now they have
3550,000.
The betrothal will shortly be announc-
ed of the oararwituh of Russia to the
ynungest sister of the grand dupe of
Hesse Darmstadt, and grsnddeughter of
Queen Victoria.
A City of Mexico despatch says :—d
treaty has just been concluded between
Mexico and San Salvador which has for
its objeot the promotion of friendship,
commerce and navigation between the
two countries.
It is said 0. A. Carlisle, of Brazil, is
on the way to China to secure 100,000
celestials to work on the coffee planta-
tions of Brasil. Since the negroes were
freed it has been found impossible to
secure laborers in Brazil, and 310,000,•
000 wns lost to the Government last year
because of inability to gather the crop.
JUNE 16, 1893
1 HE COOK'S BEST FRIEND
LARGEST SALE IN CANADA.
MONEY TO LOAN.
Any Amount of Money to Loan
on Farm or Village Pro-
perty at
6 6. 6i Per Caatt., Yearly.
Straight Loans with privilege of
repaying when required.
Apply to
A. Hunter,
Division Court Clerk, Brussels.
School Books,
Slates, Pencils, POs,
1V x :
And
all other Supplies at
Large stock of
Foolscap Paper, Note Paper
and Envelopes.
Special Value in
ALBUMS.
Fo EY' E{` r.G.;"t Ll ?
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I bean to use Ayers Sarsaparilla. and a
wonderful cure was the result. Pira b, ;tics
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Lopez, 307 E. Commerce st., San Antonio,
Catarrh
"30y daughter was nfiic'ed f; r near: -.;a vM-r
with catarrh. The physicians talo,; unable k,
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months of regular treatment e,i•h
Sarsaparilla and A?•er's rill.: coinplc:o;y
rrestored my dnughtor„Lgalth."—:�!,,, Lot.i
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Pu-
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"For several years, I was troubled with
Inflammatory rheumatism, being so bad nt
times as to he entirely helpless, Por the Inst
Leo years, whenever 1 I'ttt the cawls of ow
dixense, 1 henna to take Ar, rs Sursnparilht,
n,.,l IO..vo art bad a spar f'r a long LI,c.'—
L T. iansbrouglh Ells Run 4-a.
For all teleecd dist eeSF.s,
lbst remedy is
14, kr
Sarsa,parrigg.a
Prepared by Dr. J. C. Ayer R Co., Lou•dh Mass.
Sold by all Druggists, L°rico $r ; six bottles, $3.
Cures ethers, va•iii were yore
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THE , WORTIVIE 86 WARD Z IANIII?' iIr,de
k..pt vJ: grow'.
The Best Pulverizer.
It itas no equal for pulverising hard Slay lamps,
Itis beyond question the best machine for making a seed bed or inverted sod.
For preparing fall plowing(for spring seeding, espeoinlly in heavy clay soil, where
the land is belied or beoome hard and difficult to move.
For cutting up and pulverizing any kind of stubble land, either for the purpose
of starting foul seecle or fitting for seeding.
It is unquestionably far superior to anything in the market for onitivating any
kind of land that is very difficult. to subdue.
Were every other toot has failed the Spade Harrow will bo found to be just
the machine needed.
As will be sten by the cut, itis oonsbruobed with two revolving cylinders, corn -
posed of 50 spades, 11 iucbes wide and 8 inches long, set 2 inches apart, 'and when in
motion tern the ground up es completely as ORO be done by hand. The machine has
108 sharp cutting edges, and in working the ground it does nob drag or trail, but
turns the soil up and lets it drop loose behind bbe machine, leaving the subsoil on
top and level surface, It walks in tiny kind of land ; and in mucky, clammy soil,
where the Diso and Spring Tooth liarrowe clog up and become useless, the Spade
Harrows does first-class word,
ALS) AGENT FOR THE SOLID DISC HATIROW.
J PJI O. WA14401=1974.
AGT314T, BBUSALLS.
txrRusW
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HOULD EUflFY
Not simply hide bare walls. As discordant strains of music aro to
the ear, so is the eye tortured by out -of -harmony paper on the walls.
If you look to cheapness alone you might as well cover youi
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beauty you should consider many things in purchasing papers—the
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Our stook includes something especially adapted to every room
—more colors and patterns than any other wall paper store in
the tonin. Our Good Papers cost you no more than the poor ones
others sell.
Call and see our thousand -and -one styles. Persons thoroughly
versed in Wall Paper will wait upon you and aid you in making
selections.
We hang paper in a first -clans manlier and aro prepared to ex-
ecute the best kind of decorations.
WINDOW BLINDS.—I have an elegant stook of Window
Blinds, well assorted, that will only need to be seen to be appreci-
ated. They may bo had either trimmed or plain by tho yard.
W. RODDIC:
9
House, Sign, Carriage aticl Ornnanental Painter.
T -•t SS �tt I3S.
GEO. GOOD'S OLD STAND.
Grand Opening Sale on Friday and Saturday
and Following Days.
•
We have been for several days opening up the finest stock of
New Goods ever displayed in Brussels. We invite you to visit our store and we will
offer you snob bargains as will make our Opening Stile memorable and the New
Cheap Store famous in Brussels.
The New Goods at the New Cheap Store consist of Ladies', Mises' and Child-
ren's Fine Boots, Shoes and Slippers in all the new calors and materials Gentle-
men's Fine Laoed Balmorals, Congress, Gaiters aud Oxfords in Dongola Kfd, Cor.
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and cheap. Boys' and Girls' School Boots very Cheap. Our Boob and Shoe stock
hi well worth the attention of all intending purabasers.
TRUNKS AND VALISES—NEWEST AND BEST.
Chinaware, Crookery and Glassware in Tea Sete, Dinner Sete, Toilet Sete,
Water Sets, Lemonade Sets, Fancy China Plates, Cups and Saucers. Fancy
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GOOD BROS.,
NEW CHEAP STORE.
MRS. TUFTS, Manager.
•
SSo Wu 1'
WEN MILL
.x 4't ..N...1F.
V7ANTS
50,000 P1UN S OF frOOL
FO1 0
Or in ..Change for Goods.
rcEl.112..cw
The Dighest Market Price will be Allowed.
o have a Fine tt, , ort,3' ,e st of
Tweeds, Cottons, Flannels, Cash-
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Yarns, &o.
All Wool left with us for manufacturing, whether rolls or
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SATISFACTION GUARANTEED,
HOWE de Co.,