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Clinton News-Record, 1946-05-23, Page 1Clinton. No. 21 -68th Year; Whole No. 6202 ews-Recor•d WITH WHICH IS INCORPORA'PED THE CLINTON NEW ERA CLINTON, ONTARIO, THURSDAY, MAY 23, 1946 The Horne Paper. With The News Injunction Assessor Collector Appointed James W. Manning was appointed Assessor and Tax Collector by Clinton Town Council at a special meeting in the Council Chamber Monday evening at a salary of $500 per year. Other applicants were: .Harry Corey, at salary, set by Council; W. H. Cudmore, at salary set by Coun- cil;Wesley T. Vanderburgh, $600 per year. Another applipation was ruled out because it was not reecived until 7.16 p.m. when the time limit had been set at noon Monday. With all memers present, Mayor A. J. McMurray explained the meet- ing had been called to discuss two matters: enforcement of the bee by- law following receipt of a letter from Mrs. Len Hunter, complaining about E. L. Mittell's bees causing damage; and opening of applications and ap- pointment of an assessor and tax Order Halts Sewerage and Does Well in Oratory MISS MARY LANE Versatile Clinton Collegiate institute student, daughter of Rev. and Mrs. Andrew Lane, Clinton, who finished third and topped four girl competitors in the Ontario final Lions Oratorical collector. Contest•in Kitchener Thursday After discussion, it was decided to instruct the police to enforce the by- W. ORTWEIN DEAD law governing bees. No Resignation With respect to the second matter, His Worship said a peculiar situation existed as there had been no resigna- tion from the Assessor and Tax Col - /actor, Wesley T. Vanderburgh. His letter of application was read, in which he stated That a misunderstand- ing had taken place. Mr. Vanderburgh spoke briefly 1,e- garding extra work to increase his stipend. Coun. C. H. Epps asked if he could handle some work such as cutting down trees, ditching, etc. Coun. M. J, Agnew couldn't see how the Streets Committee could handle any extra work this year as there was going to be plenty of expense. Conn. Agnew thought the town was paying too much money for the Assessor; Goderich Township paid only $90. He also thought the town was paying too much for police protection. Mayor McMurray pointed out that Council was acting according to law in adopting the 48-hour week for the elf Over the objections of Coun: Ag- Surviv!ng are his widow, the former new, who wanted to discuss the am- EIizabeth Wagner; two sons, Atonal, pointment in open session, Council Detroit; MiIton, London; four claua•h- adopted a motion to go into committee tees, Mrs, J. Brea -holt, Kitchener; of the whole. Mrs, R. Lehr, Altoona, Pa.; Mrs. When Council returned to the Gown, 'lanes A. Paterson and Mrs. M. G. cit Chamber, a motion, presented' by hr'ysdale, both of Hensall, Conn. Epps and Conn. O. J. Liver more, to appoint James W. Maori re Edward W. Elliott Opens at $500 per year, was adopted, where- PowerSpraying Business upon Council adjourned ra y g FORMERLY REEVE HENSALL VILLAGE Rev. R. A. Brook was in charge of a well attended funeral service in Hensall United Church yesterday afternoon for J. W. Ortwein, farmer reeve of Hensall and prominent merchant who died at his home there on Monday in his 97th year. Inter- ment was in Hensall Union Cemetery. Deceased was born at Heidelburg, Waterloo County, Christmas Day, December 25, 1850, and was formerly general merchant and postmaster there. He had been a resident of Hensall for more than 40 years. He also had been a merchant in Listowel, Zurich, Hensall and Seaforth and was agent for the Dominion Life Insur- ance Company for many years; past president of the Western Ontario Bible .Society; superintendent of the Sunday School for 25 years. In muni cipal life he served as reeve and councillor. He was a member of Hen- sall United Church. Five years ago Mr. and Mrs. Ort- wein celebrated their golden wedding. For All Types of Work COUNTY EXPERIMENTS Edward W. Elilott, Clinton, has WITH MILE NEW TYPE purchased complete ccsrns igfaru,ooutfit, soad HIGHWAY AT KIPPEN spramotor equipment and has entered the power spraying business in this Huron County Council Road Com- district. mittee has approved a road construe- Mr. Elliott is in a position to exe- tion experiment on a section of the cut' efficiently and speedily drag Kippen road where a wider right -of- tyres of peweespraying, way will be pr vided. This will pro- orchard spraying, weed control, white - vide room fo • c"nstruction and pore washing and warble fly spraying. He lines, also tree planting for snowdrift is agent for J. K. Crang and Co,. control. The trees will also add to the (chemical Division) :DDT, 2-4-1) aprcavanc- of the rend and provide a wiweedkiller, rotevon powder (for ndbreak, warble fly control). He also will continue to operate his auetioneering biness. h late A son of Mrs. Elliottl and the ex -Mayor and ex -Warden George H. Elliott. Mr. Elliott joined the Cana- dian Fircfirrhtms overseas and left here for Eng'a"rl in Apr:l 1942. He transferred to the RCAF overseas, end suffered a lea iniury when struck by an army trek durine, the black- out at a street inter-eetio•t in South- amitten. He returrPc1 to Caneda in July 1944, and received his discharge m Meech 1.04a after spending 14 months in hosp't'tl. Mayor Proclaims Friday, May 24, as Public Holiday Mayor A. J. McMurray has pro- claimed a public holiday in Clinton tomorrow, Victoria Day, Friday, May 24. Local stores were open yesterday but will be closed tomorrow. Action was taken locally in view of the fact tint May 24 is a legal holiday thre"ghout Canada. the Fed- eral Government having repealed an Order-in-Couneil dated June 7, 1943, which had emitted the day from the list of. holidays. Dozen More "Clinton?" Put Ours Still Best of 23 A few weeks ago The NEWS- RECORD published results of a survey made of the towns bear- ing the name Clinton which numbered 11. It was later brought to our attention that we•had missed two. With his informaion The NEWS - RECORD made another survey and now we find there are at least 23 towns of the same name. Miss. Delle O'Neil, who recently returned after spending the win- ter in Florida, spent one night on the way home in Clinton, Tenn., Miss O'Neil reports this is a very nice little town and because of the name Clinton she felt right at home. Postmaster G. M. Counter re- ports eports that the Clinton, Conn., is the one which most often gets mixed in the mails with our Clin- ton. He strongly urges everyone to clearly address their mail especially if going to another Clinton. Previ ouslywe reported there being a town of Clinton in Illioois, Indiana, Iowa, Massachusettes, North Carolina, South Carolina, Oklahoma, New Jersey, British •Columbia, and Ontario. To this list we now add Conneticut, Ten- nessee, Arkansas, Kentucky, Louisiana, Maine, Mississippi, New York, Michigan, Nebraska, Pennsylvania and Wisconsin. Just the same we are still loyal to our Clinton and emphatically repeat it is "tops"! BAYFIELD SWINE CLUB ORGANIZES The reed will be rsised 'higher and deeper ditches Constructed farther from the road. The side slopes will be sufficiently flat to provide safety. The work will likely be started next autumn. Only a mile will he con- structed as an experiment this year. o SERVICE :AT POST OFFICE VICTORIA DAY, MAY 21 Wickets will be wren from 10.30 a.m. to 12.30 pm. and•fram 2.00 p.m. to 4 p.n1. There will he only one colleet'on from street letter hex, in the evening. +r..w,v,a.oransv.r,yroa.n w..+a...w.•rn.•.. The Week's Weather May 16 . May 17 May 18 May 19 May 20 May 21 May 22 68 Rainfall -1.66 inches, Hieb Low 72 47 64 40 68 49 60 41 68 51 57 49 38 TENDERS CALLED FOR BARN ADDITION AND COAL SUPPLY Huron County Home Committee held a special meeting at the County Home, Clinton, Wednesday evening last, with the chairfnan, Brown Smyth, reeve of West Wawanosh, presiding. An addition to the 'barn was dis- cussed and it was agreed to call for tenders, to be in the hairds of County Clerk N. W. Miller, Goderich; not later than June 15. According to plans and specifications•, which may be. seen at the County Home, the addition will be 80 by 36 feet, in dimensions, with a 12 foot lean-to on the east side. The stable will have all -steel stanchions for single stalls, 22 in a row. Foundation will be concrete and roof cedar shingles, if procurable. The committee also decided to call for tenders, to be in the hands of County Clerk N, W. Miller, Goderich, by June 15, for the supplying of 150 tons of stoker coal, 25 tens of anthra- cite stove coal, and 26 tons of nut or stove coke, to be delivered on the track, at Clinton and analysis of coal to be submitted, It was decided not ,to install an elevator this year. Huron Cheese Production Increases 24 Per Cent Only County in Province FOR SEASON'S WORK The 1946 Bayfield Swine Club was 'organized on Tuesday of last week at a meeting in the Bayfield. Town Hall, Fourteen boys were enrolled. Club literature was distributed, followed by a discussion on club work, by Assistant Agricultural Represent- ive, G. D. Nelson. LeRoy Brown, new Acting Agricult- ural Representative for Huron Coun- ty, was introduced and spoke a few encouraging remarks to those present. Alfred Warner, President of the Bayfield Agricultural Society, the local sponsoring organization for the Swine Club also congratulated the boys enrolling in the very important educational project and expressed the wish that the club be as successful as last -year.. Election of officers took place with the following elected: President — Walter MacEwen; Vice -Pres. — Jack Taylor; Sec-Treas.—Ray Wise; Club Leader --Glen Wise. Other boys present were Wm. H. Taylor, Tom Penhale, Ross Miller, Clayton McCullough, Marcel Hend- ricks, Ivan MaClymont, Keith Miller. Four members were absent. The committee in charge of the Swine Club in addition to the Denart- ment of Agriculture are Colin Law- son, Russell Grainger, Edward Wise. TUCKERiSMITH AREA New Supreme Court Judge Welcomed To First Sitting in ur on County A newly -appointed member of the MISS MARY LANE High Court of Justice, Mr. Justice R. FINISHES THIRD IN W. Treleaven, presided at the springi assizes of the Supreme Court of On-� House, Goderich,, Monday afternoon. R. C. Hays, K.C., in behalf of the Huron County Bar, welcomed the new jurist and congratulated hint on his recent appointment. In ready, His Lordship, after ex- pressing his thanks, said he regretted the circumstances which took him to Goderich, ' as it was owing to the untimely death of Justice Makins that the schedule had been changed. He concluded' by congratulating Mr. Hays on his election as a bencher of the Law Society of Upper Canada. Granted Boyd Ba from • Margaret W Barber. Albert Frank Bows was granted divorce absolute from Laura E. Bown; also John R. Johnston from Ethel Isabel Johmton. In'all eases the costs were assessed to the defend- ants. No defence; was offered. tarso, which opened at the Court ORATORICAL FIN Divorces G Three decree nisi divorces were granted: Jean Isabel , Hensall, from Norman Cliffordyd; Ethel Cook Neilans, Clinton Clarence S. Neilans, Clinton L. Barber, Seaforth, fr William C. PLANS TO SECURE TEACHERS FOR FALL The regular Monthly meeting of the Board of Trustees of Tuckersmith Township School Area eves held in No. 4 School an Tuesday May 14th. with all the members present and J. G. Carnochan in the chair. The min- utes of last regular and special meet- ings were react and declared approved. Communications were read from Mrs. Keyes, giving a report of narks obtained by contestants from No, 4 School at Goderich Musical Festival, which was ordered filed; also one from Sandy 0. Pepper and others asking; for certain information and the Secret:try was orclered to acknow- ledge the same and to furnish infor- mation desired. A number of ratepayer were pres- ent at the meeting to make represent- ations to the Boarcl regarding various natters pertaining to the Schools. Public School inspector R. 0. Staples was also p"esent end discusser] many enestions. en which the Board desired information and advice which -was much appreciated. Plans were made to secure teachers for Schools of the Area and to melee certain inepraventents to No. 4 School. The Secretary -Treasurer was fn- strutted to pay $5.00 per car per trip for transporting pupils of No. 4 School to Goderich Musical Festival. The following accounts amounting to' $337.08 were approved and ordered paid: Instructional Supplies, $10.94; Postage and Hxpress 59.40, Playgvo- end :Equipment $45.90, Sawing Wood e14.00, Wood and Cartage $120.50, Araespol•tine Pupils $25,00, Lumber for Simply Cumboarde $31.31, Repairs and 'Maintenance $40,18, Caretaking Amounts $46.80. The meeting adjourned to meet in No. 7 School June 11, at 9 p.m. (DST,. "NAVY NIGHT" TONIGHT AL Clinton's candidate for Lions Ora- torical champion of Ontario — Miss Mary Lane --placed third in the final oontest held at Kitchener Thursday evening last. She was accompanied to Kitchener by a number of Lions and friends. Bill Thompson, Midland High School, was first of the seven candi- dates; and Harvey Riedlinger, Kitch- ener -Waterloo Collegiate IYnstitute, was second. The former received $50 and the latter $35. (The other contestants, each of whom received $25, were Miss Mary Lane, ..Clinton Collegiate Institute; Bill Connors, St, Jeronte's College, Waterloo; Miss Betty Kneneman, St. Mary's College, Kitchener; Miss Aud- rey Slack, Stouffville High School; Mies Phyllis McLaren, Mitchell High School, Lions were present entfrom the follow- ing clubs: Clinton, -Seaforth, Mitchell, Ingersoll, Toronto Danforth, Toronto Runnymede, Midland, Mount Forest, touffville, St, George, Paris, Water, - Huron County is the only county in Ontario whose cheese .production in- dicated an increase in April and also in the first four months of 1946, as compared with 1945. Production totalled 134,777 pounds last month, as compared with 108,858 y C of or 24 per cent, and 824,959 in the four-month period as 'compared with 316,251, or 2.8 per cent. In the Province as a whole, pro- duction dropped in April form 7,291,- 024 to 4,681,382 pounds, and in the first four months, fro n 12,832,731 to 8,156,182 pounds. The picture was not so bright in creamery butter production, however. Production. in April was 308,948 pounds as against 373,24.4, and in the four-month period. 892,197 as com- pared with 1,199,089 pounds. Ontario butter totals were 5,352,100 pounds in April as against 6,177,468 pounds, and 15.327,378 pounds in four months, as compared with 18,806,441 pounds. R�'r( SCOTT -DAD' . ,J, f TOOK PROMINENT PART IN FEDERATION War Hero Coming REV. (Major) JOHN W. FO.OTE, V.C. Who distinguished himself by win- ning the highest military decoration, the Victoria Cross, and who will un- veil and dedicate two war memorials in Ontario St. United Church, Clinton, Sunday, June 2. Major Foote won the award on the bloody beaches of Dieppe in August 1942, Ile was captures! and spent three years in a Getman prison camp. CLINTON HYDRO HAS CREDIT OF $2,434; TOTAL COST $19,762 Clinton Public Utilities Commission has received its "13th power bill" showing a credit of $2,434.13 from Hydro Electric Power Commission Ontario. This credit is the difference in the amount of the power bills paid, $22,196.82, and the revised cost, $19,762.69. Goderich has a credit of $6,105. Figures are as follows: Cost of pewee purchased by Clinton Public Utilities Commission from Hydro EIectric Never Commission of Ontario, $4,550.16; Share of operating costs and fixed charge--onerating, maintenance and administrative ex- penses, $4,614,45; Interest, $6.311.05; Pray -slim for renewals, $1.444.72; Provision for contingencies and ob- solescence, $1,965.51: Provision •for sinking fund, 51,622,27; Revenue re- ceived in excess of cost of power sold to private companies, $745.47; Total cost of power, $19,762.69. Amount of accounts rendered at interim rates. 592,196.82. Credit, $2,434.13. Motor From Pacific Coast To Visit Relatives Here Can- ada Robert co Belgrave, died Mrs. R. D. Ealy, Seattle, Wash„ in St. Michael's I nal, Toronto, anti Mrs, A, C, Mciquist and Mrs, Tuesday afternoon after an illness of W F Sturtrndge, Tacoma, Wash., ar- Prominent in Huron County and in farm organizatiScott, ns tthi'o throughout Can several weeks. He was in his 47th year. Mr. Scott's death came unexpect- edly. He had telephoned from the hos- pital to his home in Belgrave yester- day to say that his condition was Mrs'. II. D'ehl and Carl. and then improving, and that he would be out usns, D' l a Mrs. Durham and of hospital soon. Iris wife was in Bel family, and other relatives in the grave at the time of his death: al- familty. rived with their aunt, Mrs. Bart Stiles, with whom they visited at Stirling, last week. to visit their uncle and aunt, Mr, and Mrs. Jahn Diehl, Clinton, and also their aunt, Park Projects Motion to be Argued In London Saturday In •the dying moments of a special meeting of Clinton Town Council Monday evening, H. G. Meir, Seaforth solicitor, walked into the Council Chamber. Almost immediately, Council adjourned. The members rushed to leave the room. But as they were on then' way out, the solicitor handed each of the members copies of a "writ of summons," "injunction order," and °notice of motion"—nice legal documents. The Mayor received two sets— one for the Town of Clinton and another for himself personally. Coun. J. R. Butler had just got into the rear seat of a car which was to take hien to a baseball meeting at Hensall. The solicitor handed him the papers, as tlhe car was ready to pull out. Clinton's Town Fathers had just been "'served" as defendants in a legal action brought against the town itself and the members of Council personally, by 14 fellow -ratepayers whose names appeared on the docu cents. es platntiffs. A. Husty, one of the plaintiffs, informed The NEWS -RECORD yester- day, that he had taken steps to withdraw his name from the action. Briefly, an injunction order is in effect until 11 a.m., Saturday, May 25, when it will be argued before a Supreme Court Judge at London—with respect to several natters. The injunction might be continued. For the benefit of its readers, The NEWS -RECORD publishes below the text of the various documents concerned, though she had been to Toronto a week ago. to see him in hospital. Mr. Scott's connection with the United Farmers of Ontario and the United Farmers Co-operative Cent- rally Limited, extended over a quarter of a century. He was a director of Ontario Federation of :A.g'ricultu'e and Canadian Federation of Agricul- ture at the time of his death. ormerly Surviving are his wife, f Margaret Aitken, Edmore, and five children: Kenneth and Mac, at home; Isabel, Toronto; Nora, Wingham; and Mary Elizabeth, at home. His father, John Scott, Belgrave, also survives. Mr. Scott's farm is located :on con- cession 9, East Wawanosh Township, near where he was been and raised. 0 Clinton Lions Chili is celebrating its annual "Navy Night" at this even- ine's dinner meeting. Capt. Hugh Campbell, Toronto, who commanded the corvette "Fort William," during the war, is the chief speaker. COMING EVENTS 3c a word Minimum Charge 50c MRS. M. E. JACOB INJLURED Victim of an accident at Huron County Home, Clinton. Wechtesday afternoon last, Mrs. M. E. Jacob, the matron, was able to return home from Clinton Public Hospital Sunday. She was going from the kitchen to the, main ball when she caught the tip of her foot in a piece of linoleum which was being laid. She was thrown heav- ily to he floor, and ,sustained a dis location of the shoulder and a fractur- ed right arm above the elbow. The C•eunty Home Committee, meeting Wednesday night, passed a resolu- tion of sympathy to the matron, Mrs. Martha Jacob, who " on Wednesday morning suffered a broken aim. Dance, Town Hall, Clinton, Thurs- day, May 23, 9 ism., sponsored by Clinton Fire Department. Ken Willbee and his orchestra. Admission 60 cents. 20-21-x Brumfield Y P U Anniversary, Sunday, May 26, 11 a.tn. and 7.30. pen. Rev. Gordon Hazlewood, Wal- ton, guest speaker. Play, "Life of Riley', by Walton YPU in 13rucefield United Church, Monday, May 27, 8.30 p.m. Adults, 25 cents, children, 15 Ni Falls and Kitchener cents 21-X Theme are six A.netion Sales in this The part, came Inv motor all the way from Tacoma, Wash.. to Wash• mentum n.C.. thence to New York, and by the International Bridge to Seining. They left en their returns thin on Tueed :y. taking in Nine ra Falls, Detroit. and calling on friends in Mieh'gan. 'thence to Wir',nipeg and Strathelair, Man. Their brother and wife from Winning were visiting here at the same time and accompan- ied them back to Winnipeg. Writ of Summons (Issued by II. G. Meir, Seaforth, solicitor for the plaintiffs) IN THE SUPREME' COURT OF ONTARIO BETWEEN Clifford Lobb, F. W. Andrews, F. Glew, Bert Langford, C. G. Middleton, H. Jenkins, Norman Lever, E. Ward, L. Haughton, A. Husty, Charles E. Elliott, Henry Corey, Walter Maim and Charles Shanahan, for themselves and all other the ratepayers of the Town of Clinton, AND Plaintiffs, Corporation of the Town of Clinton, Adam J. McMurray, Wesley Nott, Mergan Agnew, Albert Shaddick, John R. Butler, Clarence Livermore, Clifford Epps and Ernest Brown, Defendants. GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the seas, King, Defender of the Faith, Emperor of India, TO Corporation of the Town of Clinton and Adapt J. McMurray, Wesley Nott, Morgan Agnew, Albert Shaddick, John R. Butler, Clarence Livermore, Clifford Epps and Ernest Brown of the Town of Clinton, in the County of Huron, WE COMMAND YOU that within ten days after the service of this Writ (May 20) on you, inclusive of the day of such service, you cause an appearance to be entered for you in this action, and take notice that in default of your so doing, the plaintiff may proceed therein and judgment may be given in your absence on the plaintiff's claim and (subject to Rules of Court) will not he entitled to any further proceedings herein. IN WITNESS WHEREOF this Writ is signed for the Supreme Court of Ontario by Nelson Hill, Local Registrar of the said Court at Goderich, this 20th. day of May, in the year of our Lord 1946. "Nelson Hill" Local Registrar S.C.O. N.B.—This Writ is to be served within 12 calendar months from the date thereof, or, if renewed, within 12 calendar months from the date of such renewal, including the day of such date, and not afterwards. Appearance may be entered at the Local Registrar's Office, Court House, Goderich, Ontario. The plaintiff's claim is for an order quashing By -Law Number 6 for. 1946 of the Town of Clinton, to set aside the assessment upon which such by-law is based; to quash Ity-Law Number 14 for 1944 authorizing the borrowing of $199,000. upon debentures for sewage disposal purposes; to order payment by the personal defendants to the Corporation of the Town of Clinton of all monies illegally, paid in respect of race track, parks, sewage disposal and other natters, and of all monies paid out in 1946 not provided for in the estimates; and for an order restraining the defendants or any of then from incurring any obligation under said by-laws, from levying or collecting any mates thereunder, and from expending any monies of the Corporation for any of said purposes. FiS= AN GAM ex JIB PRESENTS TWO NEW TROPHIES h'o'ot Fish and Game Club held inn mental, meetine in the Town Couneil Chan"er, Clinton. The followine officers were elect• ed for a. two-vear term: President. A. L. M'tthews: vire-president, Harold Glcw: treasweer. Tom Chm el'inl.: Regretar„ Fere. Van - loge -ion rl: ehai'man, Fish Came 'tam. �. M. •Shearinia; chnirmann, Game Committee. Homed Cow411: chair- man. Entertainment Committee, Alex Haddy. It wee decided by vote to give a cur for the largest speckled 'trout and largest black bass relight by club members in waters of Huron County, the cue to be passed on each year and a niniatere cup be held by the winter. Sandev'ches and coffee were served iseee which arc listed on Page Seven. at the close of the meeting. Rev. G, G. Burton. to ' Leave Clinton In Exchange With Moorefield Minister g� Rev. Garland G, Burton, M.A.., B.D., pastor . of Ontario Street United Church, Clinton, has received a call from Moorefield and Rothsay: Pastoral Charge to become its pastor, effective July 1. Rev. W. J. W oolfrey, B.A., B.D,, pastor of the Moorefield -Rothsay charge, bee received an invitation to become pastor of Ontario Street Church.. These calls are yet subject to the concurrence of the Presbyteries and the Settlement Committees. This will necessitate a transfer of Mr. Burton from London Conference, where he has been 15 years, to Hamil- ton Conference, Of those 15 he served. five years in Windsor and ten in Clinton. Mr. Burton formerly came from Montreal Conference Where he served to .postorates in Montreal city. Ile received his education at. ,McGill University and Theological .Colleges. To celebrate Victoria Day, fire- suckers, provided by Miss Joyce Hawkins, will be displayed in Com- munity Park at 9.30 p.m. tomorrow. REV. G. G. BURTON Injunction Order • IN THE SUPREME COURT OF ONTARIO Monday, the 20th. day of May, 1946 BETWEEN Clifford Lobb, F. W. Andrews, F. Glew, Bert Langford, C. 0. Middleton, H. Jenkins, Norman Lever, E. Ward, L. Haughton, A. Husty, Charles E. Elliott, Henry Corey, Walter Mair and Charles Shanahan, for themselves and all other the ratepayers of the Town of Clinton, AND Plaintiffs, Corporation of the Town of Clinton, Adam J. McMurray, Wesley Nott, Morgan Agnew, Albert Shaddick, John R. Butler, Clarence Livermore, Clifford Epps and Ernest Brown, Defendants, Upon Motion made this day unto this Court by counsel on behalf of the Plaintiffs, upon hearing read the affidavit of CLIFFORD LOBB, filed, end upon hearing counsel for the Plaintiffs; And the Plaintiffs by -their counsel undertaking to abide by any order this Court may make as to damages in case this Court shall hereafter be of opinion that the defendants, or any dr either of them, shall have sustained any by reason of this order which the plaintiffs ought to pay. This Court doth order and adjudge that the defendants, their servants, workmen unci agents, be, and •they are hereby, restrained from levying or collecting any rates tender By-law Number 6 for 1946 of the Town of Clinton, from proceeding in any way ander By -Law Number 14 for 1944 ' and from expending any monies in respect of race track, parks, sewage disposal or any purposes in respect of By -Law Number 14 for 1946, tuna Saturday, the 25th. day of May next at eleven o'clock in the forenoon or until such time ae any Motion to be on that day made to continue this injunction shall have been heard and disposed of, "T. M. Costello" Local Judge. .Notice of Motion IN THE SUPREME COURT OF ONTARIO BETWEEN Clifford Lobb, F. W, Andrews, F. Glow, Beet Langford, C. G. Middleton, H. Jenkins, Norman Lever, E. Ward, L. Haughton, A. Busty, Charles E. Elliott, Henry Corey, Walter Mair and Charles Shanahan, for themselves and all other the ratepayers of the Town of Clinton, Plaintiffs, AND Corporation of the Town of Clinton, Adam J. IVIcMnrray, Wesley Nott, Morgan Agnew, Albert Shaddick, John R. Butler, Clarence Livermore, :Clifford Epps and Ernest Brown, Defendants, TAKE NOTICE that a motion will be made on behalf of the Plaintiffs before the presiding Judge in Court at the Court House, London, on Saturday the 25th. day of. May, 1946, at eleven o'clock in the forenoon, or so soon thereafter as the Motion can be heard, for an order continuing the order and injunction granted by the Local Judge at Goderich on the 20th. day of May, 1946,.until the trial or other final disposition of this action or until further order, AND FURTHER TAKE NOTICE that in support of such motion will be read the affidavit of Clifford Lobb and such further and other material as counsel niay advise. • DATED the 20th. • day of May, 1946. H. G. MEIR, Seaforth, Ontario, To the. Plaintiffs. Solicitor for Plaintiffs. Affidavit of Clifford Lobb 1. I •am one of the Plaintiffs in this action and a ratet)ayer of the Town of Clinton; 2. I am informed and believe that the Assessment Roll of the Town of Clinton as prepared by the Assessors in the year 1945 and upon which the rates of 1946 are based, has been materially altered and is not now the roll reported by the Assessors; 3. I am informed and believe that no by-law has been passed by the Town of Clinton .for 1946 for exemptions of farm lands as required by section 42 of the Assessment Act;: as been altered so that farm lands 4. The Col'leetor e roll for 1946 h assessment of $18,120 has been reduced to $6,684 without proper authority and in a clearly discriminatory manner; being ex - 5. I am informed and believe that monies have and aro b g needed by the Crimson Council for unauthorized purposes; 6. I :am further informed and believe that a special meeting of the Clinton Town Council has been called for this evening (Monday, May 20) for the purpose of authorizing further illegal expenditures and for authoriz- ing the sending' out of tax notices based upon the said improper assessment and that all these proceedings should , be restrained:. CLIFFORD LOBB