The Windsor Star from Windsor, Ontario, Canada • 3

rnM nn Tllflf nn IfL EflB AHYfl-flKM JV Base Case Plaintiffs Lad Bitten ly Doj: THREE-YEAR-OLD Donald Geary of 1080 Lillian street, wa bitten on the right leg by a doc Saturday. Constable Tolla field investigated and told Frank Wade, owner of the dog, to keep it tied op for 10 day. Pitol Is Stolen COREDO CECCAEELLI, of the Frontier Hotel, 320 Brant street. Informed police today that an automatic pistol had been stolen from his room. He said he had the weapon in a club bajr, unloaded.

xth flags TCIXPPOR, ONTARIO, FKPTKMBKn On Three Contentions Before Justice Hogg E. F. LAHORE IS OMY MORNING WITNESS IX ACTION DROUGHT BY RATEPAYERS OF FORMER TOWN OF WALK ERYILLE Safe Loot Oil Cracksmen ompaoy Array of Counsel in Ainalganiation Suit Use TTnmmer' Dics 1,1 Suspension Is Effective AndCrowBar Batter Hole Throupli Box to Get At 1 Monev Hydro Employes Who Helped Auditors Are Now Off Duty II i 1 a i li Obtain Aboul $200 SEVEN exhibits comprising a dozen weighty tomes, containing documentary and photostatic records of the statutory and financial aspects of amalgamation, were entered by the plaintiffs today in the supreme court action of ratepayers of the former Town of Walkerville against the City of Windsor, former finance commissioners and the attorney-general, to upset the Amalgamation Act. The case is being heard by Mr. Justice Hogg.

As the action opened today it became evident that the plaintiffs are basing their suit on three contentions: (1) That the act was ultra vires because it was allegedly bankruptcy legislation and therefore only within the jurisdiction of the Dominion Government. (2) That certain liens of debenture holders have been preserved even if the legislation is good. (3) That the refunding plan violates provision of the act itself and there was no authority for it. Ordered Suspended When I Theft Charge Laid Against McColl The order suspending two i TV ill i 5 1 fi Hydro employes, Charles F. Martin and William A.

Hinds, as issued 12 days ago by Robert L. Daniels, chairman 'of the Windsor Utilities Com-! mission, was made effective Identifies Debentures No evidence was taken with the exception of brief testimony by E. F. La- REV. W.

J. HANNA Will Support Nigh I School dore. one of the plaintiffs, in which he produced debentures he holds and identified them with photostatic cp- today. MADE WEEK AGO Mr. Daniels order was made a week ago last Wednesday, the day after discovery of a $35,000 shortage in the Served Years As Missionary ies, in the volumes of exnibit.s entered by the plaintiffs' counsel.

Robbery Is Discovered As Employes Report For Work A gang of cracksmen last night entered the Imperial Oil Company plant on St. Luke road, Ward 1, and obtained about $200 after battering a hole through the office safe. The robbery was discovered as employes reported for work this morning. DRAGGED 25 FEET An accurate statement of the less would rot be available until reports hare been obtained from drivers who deposited money in the strong box late Saturday night, an official stated. It Is believed not more than two drivers made such deposits.

safe was dragged a distance of about 25 feet from the office to a storage room for drums of oil. A long crow bar and a fledge hammer were used to pound a hole through the bottom. Detective Inspector Macnab. who visited the premises, reported that the job was crudely done. BREAK LOCK OX GATE The premises, guarded by a high wire fence, was entered by breaking a lock on the gate and through a rear window where a pane of glass was broken to permit releasing the catch.

i The plaintiffs are Mr. Ladore. Cro AdviC Roan! H. Isaacs. Horace w.

uunmngr.am ana I accounts of the former Walkerville Hydro-Electric System. When the MONTHS was discovered D- B. McColl, former Walkerville Hydro manager, was suspended at once and, later In ILL TWO To Submit Proposal To Council Burley Bennett, in behalf of them-selves and other ratepayers of the for-i mer town cf Walkerville: and Harrie R. Dingwall, of Detroit. M.

L. Gordon, I XT Tdrnrtn' mriit C. Learn i the day was charsed ith- theft. Execution of Mr. Daniels' suspension order affecting Messrs.

Martin Windsor Brolher Of Death For Windsor Tccli and Charles Sale are acting for the plaintiffs, with Mr. Gordon as chief counsel. John H. Rodd, KC, is chief counsel for the defendants. He and Roscoe S.

Rodd. KC, are representing the three former finance commissioners. and Hinds was held at the request of Word has been received by David M. tne auditors. These two men.

com-Hanna, of 819 Pclissier street, of the 1 mission officials were told, were in a death in China of his brother, Rev. itl to give vaiuabie assistance to W. J. Hanna, who had served as a missionary in that, country for more te auditors. Mr.

Martin had served than 30 years. the Walkerville Hydro for many years Mr Hanna had visited in Windsor as accountant and Mr. Hinds was that Ask That Unemployed Be Provided With Free Tuition wiiii uruwirr. win is aujh-i tm-vn- I Harry J. Mero, W.

D. McGregor and i Russell A. Farrow. Mr. Rodd.

and Bruce J. S. Macdonald are actlr.R for all the other defendants, with the ex dent of distribution with the water i system ledger keeper for a period of division of the Windsor Utilities Com- years. mission. His last visit, was paid while, riarlc Keith, oeneral manaeer for The Department of Munic ception that I.

A. KC Mr. Hanna served witn the China. the Utilities Commission, in announc- i Jnal Affair will stitrnnrt- arnr 10:15 i Inland Mission and news of his deatn in? that Mr. uaniets suspension oroer When inspected last night at cf Toronto, is representing the attor- 1 move to restore night school ney-prneral.

counsel indicated that the action classes at the Windsor Voca- Shanghai. Friday, was wired to the affecting Martin and Hinas naa oeen office of the mission in Toronto. 1 put into effect today, explained that onirf he shorter than at first antici-itional School, Hon. Dave o'clock there was no indication of anything being disturbed. About three years ago an unsuccessful attempt was made to blow the same safe, police said.

-pated due to the fact that most of Croll, Minister of Municipal the evidence will be in documentary i Affairs, states in a letter re I I I 1 form. ceived by the Windsor Board The 57-year-old missionary was re- the auditors had obtained all neces-ported to have been taken to a hos- sary information that could be pro-pital in Shanghai, two months ago. i vided by the two officials. Formerly of Toronto, Mr. Hanna went i to China more than 30 years ago, AUDITORS STILL BUSY under auspices of the China Inland! Mission.

He was first sent to Unnan I Brokenshne Scarf and Company Province but recently was appointed auditors retained by the Depar ment as Superintendent of Anwhei Province i Municipal Affairs, to audit the Missionary Work Walkerville Hydro books over a period In China with him at the time of I of years prior to this month, were his death was his widow; two sons still at work in the downtown Hydro Details Reviewed of Education today. Settle Actions Over Blasting and a daughter. Three more sons and headquarters today. R. J.

Moore, supervisor for the city. another brother and two sisters survive him in Toronto. i iiifT-n Th WBtTST 13 WERE SUING At the outset His Lordship a.sked counsel for the plaintiffs to outline the case. "I haven't had time to read It and I would like to know something about it." he said. Mr.

Cordon explained that In 1932 the finances of the municipalities became precarious end in December, 1934, a Royal Commission was appointed to into the situation. not yet Discrssro The minister advises the Board cS Education to submit the proposal to reopen r.icht school classes to Windsor Citv Council for approval. "In the event of the city council looking favorably upon your Mr. Croil's letter to the board stales, "you may anticipate no difficulties from this department, provided charge is made to the unemployed who want to take advantage of these classes." Mr. Croll's proposal that the urrtn- said today that he had instructed the auditors to report to him regarding any new developments in the audit of the Walkerville Hydro books.

He had received no word from the auditors, he said, and judged, as a Fined $250 In Traffic Case Resulted From Livingstone Channel Operations result, that nothing new had been uncovered by the audit to date. Hydro consumers in the old East Windsor and Walkerville areas have He pointed out that Walkerville vot- ployed be allowed to attend ncht Attorney-General's Department. Mr. I. A.

Humphries, K. of the Attorney-General's Department, was scheduled to assist in the defence. In the lower picture are, left to right: Mr. John Sale, K. Mr.

M. L. Gordon, K. of Toronto, and Mr. Charles Sale, representing the plaintiffs, a group of former Walkerville ratepayers Interested in.

an attempt to upset amalgamation. COUNSEL for both sides In the legal battle over amalgamation, which began today before Mr. Justice Hogg in the County Courthouse Building, are shown above. In the top picture are, left to right: Mr. Roscoe S.

Rodd, K. Mr. John H. Rodd, K. and Mr.

B. J. S. Macdonald, counsel for the defendants, the City of Windsor, members of the former Windsor Finance Commission, and the ed aeainst amalgamation but In April, school without paying the regular Jf A settlement having been reached of court, 13 lawsuits against A out HIT WINDSOR 31 AN nas noi vet been discussed by tn the Royal Commission made Its nji comc up fnr report, men came tne rexunauis discussion at Wednesday evening scheme and this vear the government regular meeting. "I have never aareed." Mr.

Croltl 'a-wu States, -that the closing of the eve- George Mills and Company and the Arundel Corporation for damage arising from the blasting of the Livingstone channel, were officially dropped today by A. H. Stevenson, solicitor for the Amherstburg plaintiffs. The 13 claims totaled more than $35,000. Mr.

Stevenson declined to disclose the amount of the settlement, but it was understood to be in the aepanmem, ot inunuipai nmg classes was economically sountft AT 1 1 place the finance commission, that act and I feel that they are as much of a coinc into force on August 8. net-essny ic me community as day scnof. Rolary Club Host to 27 Four Accused Under L.C.A. mans laug liter Case Remanded counsel went, on to poini out mai. E.

F. Ladore holds debentures worth I IIILP NEW CANADIANS been asked by the auditors to cooperate In the check-up on the Walkerville Hydro accounts. Each consumer in this area has been mailed a statement showing the position of his Hydro account, with the request that the auditors be notified as to whether or not the statement Is correct. TO APPEAR FRIDAT McColl, charged with the theft of Hydro funds to the extent of $35,000, is scheduled to appear in court again on Friday. It is not expected, however, that the case will be proceeded with until the audit has been completed.

And the auditors are still unable to say when their work will be finished. The minutes of the special commission meeting at which the $35,000 shortage was uncovered relate that H. T. Macdonald. provincial auditor, after accusing McColl, "implicated three other employe, namely, Mr.

C. F. Martin, Mrs. N. Merner, accountant $33,195 39, which maKes a pia.n- "Tha is the only opportunity foi tiff of substantial Interest." jour new Canadians, and particularly who do not speak our languac American Driver Cniltv On Two Charges BRANTFORD.

Sept. 28. Dan Seitner, Utica, N. today was fined $200 and costs on a criminal negligence charge and $50 and costs on a charge of failing to return to the scene of an accident when he appeared before Magistrate S. A.

Jones in city magistrate's court today. The case had been hanging fire for some time, the charges having been laid as a result of an accident at the north end of Brant avenue July 25. last. Alex Schmidt. Windsor, was knocked down by a car allegedly driven by Seitner and suffered a broken arm.

Motorcycle Officer Frank Campbell who investigated, laid the charges Ts fluently, to become acclimatized to our FROM OUT OF TOWN way of livine and our standards Raymond leredith Is Free On $1,000 Personal Hond ThA rt bin attacked I Aiso. our unemployed citizens. many or wnom nave become dissatis- makes no provision for debenture i Wjth station in life. Are Kenianded Pending Further Inquiry By Police Remands until Friday were ordered in Windsor Court this mornine for At holders who have lieas," Mr. Gordon have through free night schools th Viilor Entertained Roach Grove CInh continued i "PPortuaity of learning new voca- Hons." Another remand of one week was ordered in Windsor Court this morn- ing for Raymond Meredith.

238 St. Luke road, who faces manslaughter uur connxion is ma-, tr.e nin: Evening classe, were started In th had no power to interfere wiih any ritv over 20 years ago. the first classes The Windsor Rotary Club was host neighborhood of 510.000. Only one lawsuit still stands against the dredging companies. No settlement has yet been made of the action brought by Eccles J.

Gott, former M.P., who claims that the blasting damaged his Amherstburg home. Mr. Gott's suit, however, is not yet ready to go to trial. The claims of the other plaintiffs were to have been heard at the fall session now being held. The settlement dismisses the actions of the following plaintiffs: Theodore H.

Fox. proprietor of the Lakeview Hotel; Mrs. Ella M. Patton. Bernard M.

Burk and Mrs. Daisy Burk of Detroit: Walter I. Steinhoff, Rev. H. A.

Wright, F. W. Manning and P. G. French, rector and wardens respectively of Christ Church, Amherstburg; Misses Grace and Edna Smith.

Edwin C. Harris, Mrs. Hilda J. Teeter, Mrs. Grace H.

Stancliff, Stuart J. Hackett. Patrick Donnelly, Corinne Primeau and Edgar D. Hutchinson. The defendant companies were represented by the legal firm of Phelan and Richardson, Windsor.

liens Your Lflrcfchip will find the de- beins held at the old Windsor Co! four men accused of Liquor Control 'Act violations. Assistant Crown Attor-iney St. Pierre explained that the police irrVaminiton, Amherstburg and cashier, respectively of the former bennire holders had." Mr. Gordon Instittrt. now the Patterson against Seitner who had not remained and Detroit, and five non-Rotarian SrVhV scene and had oiiegiaie.

xne evening classes wer transferred to the Windsor Vocational wished to complete thir investigations and were not yet ready to proceed. Julian Neyt. 31. of Belle River, was visitors, at the regular weekly luncheon held at the Prince Edward Hotel the accident to Brantford police. i School hen that school as opened and proved increasingly popular until arrested yesterday by Constables i today.

I mev ere closed down as an eron- omy" measure, on December 1, 1932. As many as 2.000 adults were en suit of the death of Robert Montgomery, street railway employe, last week. An inquest, with Dr. C. V.

Mills presiding as coroner. Is tt be held next Monday in the police building at 4 p.m. Montgomery was struck down by Meredith's car on London strict the night of September 20, as he was changing a switch in front or the car barns, death resulting from multiple fracture and internal Injuries. Meredith has been free on $1,000 Paget and LePage after a bottle of Speeches and singing, usually inte-whlsky and one of gin were found in gral parts of the curriculum, were his car. He Is accused of having dispensed with in favor of a visit to liquor not obtained on a permit.

The the Beach Grove Golf Club where same two officers arrested John Pan- members, visitors and friends com- Stolen in Toronto Curious about a large sedan he noticed yesterday afternoon on Howard avenue. Constable Remi Morel investigated and found it had been parked rolled. In the various rver.ine course He rited itatute, giving His Iordship reference for later consideration in connection with the evidence to be adduced and arurd upon. "The plaintiffs claim that the Amalgamation Act was passed entirely as a bankruptcy measure," Mr. Gor- counts." All three.

Mr. Macdonald reported, "have admitted they co-operated with Mr. McColl in his manipulation of funds, but said that they did so in the spirit of carrying out instructions under threat of dismissal." Mrs. Merner, mentioned above, was dismissed by the Windsor Utilities Commission earlier in the year, in connection with the reorganization cf the Hydro system following offered by the vocational school, in or.s year. cerny.

of 217" urouuiard roaa. wnen peted lor a series oi prizes. Next week, it was announced, the MI ST ADJl'ST BUDGET i R. J. Moore, the city's supervir.

Windsor club will be visited by District Governor George Averill of Birming there since Friday. Further inquiry brought information that the car was property of a Toronto taxi company and is believed to have been stolen from that citv. personal bond. ham, following a meeting at 11 a.m. plained today that the 1936 budcet will have to be adjusted ta provide for the stated.

He amplified this con-jtention to explain that the plaintiffs claim the 'as onl 'lthin the reopening of night classes. they observed him yesterday afternoon carrying sL bottles of beer in a paper sack. Frank Sharon. 23. of 476 Sandwich street.

Ward 5. arrested by Constables Wood and Maclean. Is charged with purchasing liquor illegally, while Leo P. Gorski, 41. of 982 Drouiilard road, faces two charges based on sections 42 and 90 of the Liquor Control Act.

He was arrested by Constables Home Willi me directors ana commiu.ee i chairmen of the club. Among the visiting Rotarians today I IIllll 111 Obtains $57 From Purse Fees collected this fail, the Board rt Jurisdiction oi ine jvarrai guitrn- Education pointed out. would be suf ficient to run the school for the bal E. Bcaman. Charics Maedr'l.

Rosa! Ernest Lolsy. of R. R. i. Terumseh.

mrnt, Assessment Exemptions Are Granted to Three Rectories Mr. Roscoe Rodd asked leave Rodger. John E. Hicks. George jmTO 8 K'" Windwir 7rnirt.

this mornine. He failed to of anre of the year. The board asked assurance that funds would be ed in the 1337 budget to compile th wruer ana unra wi rw.iuK Ih. itrtrrr, nf rtoffnr- I4 Mill rt HI IMI rvitlfillt" 1 JI i i Piuvim i Essex: W. Dan Mdbury, i i Tt i i i ai i nr i i i 11' winter murse.

toix crunKS arresiea over me wpeK-uunge nruiur xuiur. ram rvmn. i CONTIM ED OX rC.E SIX THIS SECTION zuilty before Magistrate Avery Burnham. all of Detroit: P. Fox.

r. i C' i guilty end pleaded Mr. Moore poin'ed out that though fees for the entire course be collected this year, some of the fees m-nultt Brodie and were fined $16 50 each, W. A. Patterson.

George Jones and 1 Thomas Moflat. all of Amherstburc: I including costs J. R. Morris and R. M.

Martin, of 1. M. Martin, of have to be credited to next ver rev i rnue fince the course extends lnt Leamincton; J. Go! SdPCfirZ Expect Justice In Frank Lurengen, Highland next yrcr. This, he pointed out.

will make ncccsarr a sl-ht increase in Ralph Cantelon. ppt president of the Saskatoon Rotcry Club. Windsor Says Irate Woman thi year's budgpt. It has been estimated that the coA The visitors included W. A.

Smith, cf operating night schools not Arthur Page. Windsor: Mr. Conklin, Hamilton and Archie Doyle. Toronto. exceed $5,000 per year.

Hurt on Stepping Into Pa tli of Car Stepping from behind a parked car Saturday night. Mrs. Mary Costea. of 842 1 2 road, was knocked down by an auto in charge of Brone Drew-nowski. 37, of 1300 Langlois avenue.

She suffered bruises on her knees and shins and a possible cracked shoulder blade. Drewnowski was driving south on George avenue at the time, the acci- Woman Hears Burglar But Goes Back To Sleep Morris Mossman, 940 Parent avenue, reported to police yesterday that his home was entered by a burglar who obtained about $57 from a purse that was hidden in the kitchen cabinet. Mrs. Mossman and his daughter heard the burglar in the house about 5.30 a.m. Mrs.

Mossman told her husband she heard somebody moving downstairs but after listening a moment and hearing nothing he told her to go back to sleep. The daughter was also aroused by the sound of movement but thought it was her mother. A dresser was ransacked in the daughter's room and a few cents were taken from a purse. Mr. Mossman's trouser pockets were also searched but he had removed his money before Allege He Cheated Suspect Is Freed A DDITIONAli rectories were ex-v empted from assessment for taxation purposes by the court of revision today, meeting at the city hall.

Appeals for such exemption for the rectories at Assumption Church. Our Lady of Prompt Succor, and the Sandwich United Church, were allowed, as was the appeal against the assessment on the Sisters of Charity property on Prince road. John E. McKeon appeared to speak to the appeals on the two Roman Catholic rectories, holding that they are in the same position as other rectories upon which exemption has been given. The court agreed with him.

He also spoke to the appeal on behalf of the Sisters of Charity, stating that this was a non-profit making institution. He produced an order-in-couneil to show that it comes under the Charitable Institutions Act. This appeal was allowed. An appeal was also made for exemption on the Assumption farm, which was exempted last year, and this year is partly assessed. H.

A. Webster, assessment commissioner, pointed out that the assessment this year on a portion of the farm is due to an amendment to the Assessment Act during the past session of the Legislature, limiting the exemptions on such farms to 50 acres. Mr. McKeon: "I am informed that there afe not more than 50 acres on this farm. I am told there are about 40 acres." As no evidence had been prepared by the appellants as to the exact size of the farm, action on this appeal was postponed until such evidence is produced.

George A. Yates appeared for the Sandwich United Church, and the court granted ths exemption of assessment on the rectory without Question. CTIOS of the Court of Revision today in dismissing the appeals of George D. Taylor, of Chatham, aeainst the assessment on two Windsor properties, and allowing a minor decrease in another, resulted in a nasty remark about Windsor. The appellant put forth the claim 1 Picked up on a warrant that had been obtained by hl father.

OrvUle Cunliffe. 29. of no fixed abode, was later released by Detective Inspector Relief Department Accused of welfare cheating. Mike Benech, husband and father of two. herent value of the property, the relation cf their assessments to ethers in the vicinity and other matters had to be And so the assessments on the first two properties were ronfirmed and on the third the reduction was only $130 in assessment.

"You can never expect to gH any justice in Windsor anyway." stated Mr. Taylor's daughter on the way out in a rather defiant and miru-lcn manner. "That is rather a p-or auitiid take." ebscrvrd Chairman Branch quietly. Macr.ab vesfrday st th father re i dent occurring between Franklin and residing at 337 Albert Road 'O'jest The vriurg man had been e. Ward 1.

Windsor cused of nz a radio and an over I Metcalfe streets. He said he had no was remanded a week in cont. nd was arretted by De'ei-tive that revenues from the properties situated at 341. 345 and 576 Jose. phine avenue, were tv low to justity their assessments.

Chtirmrn J. D. Branch sought to show that ments not be bnsvi on such i change to avoid striking the woman Court this morning. The amount of i and Mrs. Costea admitted she was in fraud charged to him was set ten- a hurry to get home and did not look itativcly at $25.

Benrch was allowed his Mahoney nd Royan. Hefrirg that 'he prrest Vi ferted the father then reues'ed tha 1 the charge be withdrawn. for traffic when she walked onto the 1 freedom by Magistrate Erodie after iasrccir.g to a $500 recognizance bond, i interests alone, stating that the in- 1 pavement..