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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - January 14, 1975, Lethbridge, Alberta Dateline Alberta Shooting suspect remanded Registrar ruled not liable in fraudulent land transfer CALGARY (CP) Dusan Tomic, 45 of Calgary, was remanded to Wednesday when he appeared in provincial court Monday charged with attempted murder. Tomic was arrested after William Mclntyre Smollet, 52, of Calgary, was shot in the left shoulder by a man with a rifle Sunday. Police said Tomic and Smollet were tenants of a rooming house in southwest Calgary and the shooting oc- curred after an argument in Smollet's room. Two arrested men die RED DEER (CP) Two Rocky Mountain House men arrested by RCMP for intox- ication in public last Saturday died in hospital the next day of "suspected alcohol RCMP reported todav. RCMP said Dewey Crookedlegs, 22, and Elvis Bremner, 17, were arrested Saturday afternoon on the O'Chiese Indian Reserve near Rocky Mountain House, 50 miles west of Red Deer. Injured Olds man dies FORT McMURRAY (CP) Cecil Winters, 44, of Olds, died in an Edmonton hospital alter he was injured when his car went out of control near this centre 220 miles northeast of Edmonton. Police said the accident oc- curred on Highway 63 about 47 miles south of here. UNITED MOTORS CO. LTD. Weather SUNRISE WEDNESDAY SUNSET Lethhridge 38 Pincher Creek 36 Medicine Hat 30 Edmonton 30 Grande '28 Calgary 35 Victoria 45 Penticton 28 I'rince George 25 Kamioops 17 Vancouver 41 Saskatoon Regina 14 Winnipeg Ottawa 22 St. John's 38 Halifax 38 Charlottetown 40 Fredericton 35 Chicago 13 New York 42 Los Las Vegas Phoenix Athens Rome London Berlin Amsterdam Madrid Moscow Stockholm Tokyo Honolulu Mexico City FORECAST: Lethbridge region Today: Mostly sunny. Winds west 25 and gusty. Highs near 35. Wednesday: Cloudy periods. Lows near 25. Highs 30 to 35. Calgary, Medicine Hat Regions Mostly sunny to- day and Wednesday. Highs both days near 30. Lows 10 to 15. EDMONTON dis- trict court judge has dismiss- ed an action by an 84-year-old Alberta woman who had sought to have a land registrar declared liable for damages sustained by the woman in a fraudulent land transfer. Judge W. J. Haddad, in a judgment handed down here, ruled that an omission by the registrar of the North Alberta Land Registration District was not the root cause of the loss sustained by Jane Jeffrey Barty of Sedgewick. The registrar is not liable, Judge Haddad said, but Mrs. Barty will have a judgment against the man who com- mitted the fraud, George A. Kerr, for The judge said the damages consist of Mrs. Barty paid to recover the section of land and she paid in interest for money she had to borrow to buy back the land. Mrs. Barty had filed an ac- tion naming Kerr and the registrar as defendants. Judge Haddad said Mrs. Barty was induced by the fraud of the defendant Kerr to execute a transfer of her farm land near Sedgewick to Kerr, who then sold the land to Joseph and Katherina Kelsch for ADMITS FRAUD The judge noted that Kerr, in a statement of defence filed alter the start of Mrs. Barty's action, admitted the fraud alleged as well as liability for certain damages sustained by Mrs. Barty. Judge Haddad rejected the two grounds on which Mrs. Barty had endeavored to es- tablish as case against the registrar. Counsel for Mrs. Barty had argued that the form of af- fidavit of execution of the transfer was completed by a Columbia, Kootenay Regions Today, mostly cloudy with a few a few snowflurries this morning. Clearing tonight. Highs lower 20s. Lows tonight 5 to 10. Wednesday, sunny with a few wL'unesuay, sunny wun a lew cloudy periods. Highs 20 to 25. MONTANA East of Continental Divide Scattered snows mostly in the mountains and continued mild through Wednesday. Windy at times along the east slopes of the Rockies with gusts near 50 miles per hour in the upper Yellowstone Valley. Highs today 35 to 45. West and south 25 to 35 northeast. Lows tonight 15 to 25, except 10 to 15 northeast. Highs Wednesday 30 to 40 west and south, 20s northeast. West of Continental Divide Occasional periods of snow in the mountains with scattered rain or snow lower elevations. Risk of a little freezing rain in the valleys yet this morning. Highs today and Wednesday mostly 30s. Lows tonight 20s. IT'S ON Our CATCH-UP 75 SALE We're selling all our new 1975 AMC cars at over bur boat at UNITED MOTORS CO. LTD. "Serving you over a quarter Century" 302 3rd Ave. S. Phone 327-2805 A MA ROAD REPORT as of 8 a.m.. Jan. 14. Highway 3 West, Lethbridge to Fort Maclcod: Bare and dry. Fort Maclcod to British Columbia Boundary: Mostly hare with occasional slippery sections. Has been sanded. Trans Canada West, Calgary to Banff: Mostly bare in the driving lanes with oc- casional slippery sections. Banff to Golden: Presently snowing with up to one inch of new snow reported. There are slippery sections but the road has been plowed and sanded. Golden to Rogers Pass and Revelstoke: One inch of new snow. Compact snow throughout with slippery sec- tions. The road has been plow- ed and sanded. All other highways in Southern Alberta are reported. to be bare and dry. PORTS OF ENTRY opening and closing times: Camay's' a.m. to 6 p.m.; Chief Mountain, closed; Coutts open 24 hours; Del Bonita9a.m. to6p.m.; Kingsgate open 24 hours; Porthill Rykerts 7 a.m. to 2 a.m.; Rooseville 7 a.m. to 11 p.m. (Times Motml.-iin Nolley says committee report timid EDMONTON (CP) Alberta NDP Leader Grant Notley says a select com- mittee, of which he was a member, produced a timid report on foreign investment. "It fails to appreciate the facts of life in a modern in- dustrial society, especially one which is as dependent as Alberta on large multi national oil he said in a letter to Gerry Amerongen, Speaker of the legislature who received the report. "The official report is a very conservative document. In that respect it is probably useful for the debate on foreign investment to have a frank statement of the non nationalist position. In a sense it is fair to say that the Alberta report will contribute to the debate but unfortunate- ly its findings are not likely to produce any solution to the problem." Mr. Notley contended the only answer is public ownership, especially in the natural resource field and said tax incentives for invest- ment is a hopeless approach to encourage greater Cana- dian control. Hearing set for Edmonton OTTAWA (CP) A con- ciliation board has been set up to hear a contract dispute between the Northern Canada Power Commission and its operational employees represented by the Public Ser- vice Alliance, the federal public service staff relations board said Monday. Dr. K. A. Pugh of Edmonton will be the chairman of the three-man board with Gordon Shury representing the union and David Ross representing the company. The hearings will begin in Edmonton Jan. 27. Officer hurt EDMONTON (CP) Three youths were charged with assault and breaking and entering after an incident in which a policeman was in- jured. Police said an employee at a hotel near Edmonton's western outskirts called police after ammunition was noticed in one of the rooms. person who did not in fact see Mrs. Barty sign the transfer document and that the registrar, by not observing the fault in the affidavit and accepting the document for registration, had committed an omission or mistake that caused Mrs. Barty to sustain loss or damage. Mrs. Barty also contended that the nature of the document she signed at the request of Kerr was represented to her as being something other than a transfer. She sought recovery of damages out of an assurance fund set up under the provisions of the Alberta Land Titles Act. In his judgment, Judge Had- dad noted that Mrs. Barty first met Kerr in Vancouver in January, 1964, at an invest- ment office -where she purchased shares in an under- taking called Silver Dome Mines Ltd. In the spring of 1965, the judge said, Kerr solicited financial assistance from Mrs. Barty and offered her a one-third interest in a fic- titious salvage venture designed to lift a ship contain- ing walnut out of the Great Lakes. Judge Haddad said that hay- ing been deceived into believ- ing that Kerr was a man of integrity and "no doubt entic- ed by the prospects of acquir- ing Mrs. Barty dur- ing the next seven years provided Kerr with cash and share certificates from which Kerr realized about in cash. CLAIMS NEED In 1970, Judge Haddad said, Kerr told Mrs. Barty he was in dire need of to save the salvage operation from being taken over and proposed that Mrs. Barty permit him to raise the money on the securi- ty of her land. Mrs. Barty gave Kerr the duplicate cer- tificate of title to tier land and then a power of attorney which allowed Kerr to negotiate and complete a mortgage for In July, 1971, Judge Haddad said, Kerr prepared a transfer of land and told Mrs. Barty the document would facilitate his efforts to raise the money he required. Mrs. Barty testified that Kerr deceived her by his assurances that her execution of the document was a mere formality for the purpose of raising money and that the document would be placed in trust to protect the land. Moreover, she said, she was told by Kerr that if she refused to sign the transfer she would lose the money she had already invested in the salvage operation. Because of her complete confidence in Kerr, and moved by a desire to protect the money she had already invested, Mrs. Barty said she agreed to accede to Kerr's request. Mrs. Barty managed to buy back her land. Judge Haddad noted that there was no legal obligation on the purchasers to sell the land back to Mrs. Barty but they felt a moral obligation to do so "an act which should be acknowledged." Tuesday, January 14, 1975 THE LETHBRIDGE HERALD 3 Injunction granted prohibiting strike at Calgary campus CALGARY (CP) An in- terim injunction prohibiting the strike by support staff at the University of Calgary, demanding a mid contract cost of living ad- justment, was granted Mon- day by Chief Justice J. V. H. Milvain .of Alberta Supreme Court. The chief justice said the existing collective agreement between the university and the non teaching workers, members of the Civil Service Association of Alberta, "does not give them the right 'to break the terms of the agreement." The workers went on strike last Wednesday night demanding a cost of living adjustment of a month or seven per cent of basic wages, whichever is greater, retroac- tive to Sept. 1, i974. The university agreed to the increase, but said it has only sufficient funds for the raise to be effective Jan. 1. University officials said they approached Advanced Education Minister Jim Foster last month for an ad- ditional to cover the settlement but was told the university Would have to do with grants already approved by the government. Foreign investment report labelled 'waste of time' EDMONTON (CP) Mel Hurtig, former chairman of the Committee for an Independent Canada, Monday described a legislative com- mittee report on foreign investment as a "colossal waste of time." The Edmonton publisher said the document released last week is virtually useless "and I'm astonished that any MLA would put his name to it." He said in an interview the report by a select committee of the legislature contains no figures on the number of foreign companies in Alberta, their assets, or any figures on the growth or shrinkage of foreign ownership in the province. There were no figures out- lining how many dollars foreign companies bring into the province or take out of it. The report says restrictions on foreign ownership of Alber- ta's economy would not serve the province's best interests. Mr. Hurtig has long advocated such restrictions. The report instead recommends creation of incentives to encourage Albertans and other Canadians to invest more in the province's industries. It suggests that personal income tax in the province be reduced. FARMER'S AGES Of farmers counted in the 1971 census, were 60 years old or older; only were 34 years old or younger. Check List for 1975 Office Needs! D Staples D Paper Clips D Bull Dog Clips D Clip Boards D Arch File Boards O Steno Note Book D Speedy Memos D Garage Work Orders n Continuous Forms D Continuous Forms Machines D Statements D Sheet Protectors D Figuring Pads D Asso Fasteners D Acco Binders G Data Processing Binders D Brief Cases D Underarm Carrying Cases D Attache Cases D Rotary Files D Receipt Books D Loose Leaf Binders D 2 Hole Punches D 3 Hole Punches D Desk Blotter Sets D Letter Trays D Desk Organizers D Posting Trays D Waste Baskets D Filing Cabinets D Insulated Filing Cabinets D Vertical Guides D Hanging Files D Floor Safes D Typing Stands D Wall Safes O Steno Desks D Executive Desks D Chair Mats D Typewriters Portable Electric D Electric Calculators D Steno Chairs D Executive Chairs D Stacking Chairs D Reception Chairs D Pencils D Pencil Sharpeners D Ball Pens D Felt Pens d Ledger Sheets D Ledger Binders D Ledger Indexes D Columnar Pads n Columnar Sheets D Columnar Books D Post Binders a Time Books D Payroll Books D Inventory Pads D Transfer Cases D Binding Cases D File Folders D Business Envelopes D Adding Machine Rolls D Adding Machine Ribbon D Typewriter Ribbon D Telex Paper n Card Cabinets D Index Cards D Index Guides D 1975 Calendar Refills D 1975 Diaries D De'sk List Finders and Refills D Paper Cutters D Postal Scales P Bond Paper Q Onionskin Paper D Canary Second Sheet Paper D Duplicating Paper D Duplicating Stencils D Duplicating Fluid D Mimeograph Paper D lyiimeo Ink D Mimeo Stencils D Copysette O Typewriter Carbon Paper D Pencil Carbon Paper D Carbon Rolls D Typing Erasers D Correction Fluid D Correction Tape D Scotch Tape D Rubber Bands D Staplers Phone our order desk or have one of our salesmen call! CHINOOK STATIONERS LTD. Furniture Office machines Sales and Service 319 7th Street South Phone 327-4591 Service Counts... Count on us! V Southern Alberta has ever seen David S. Reid Jackets and Sweaters Pants and Suits All Ski Accessories European Ski Wear Ladies' Ski Suits Stretch Pants and Sweaters o Toques and Mittens Hats, Scarves and Sweaters Ponchos 4 DAYS ONLY! This Spectacular Sale starts Wednesday, Jan. 15 and lasts till Saturday, Jan. 18 at College Shopping Mall Phone 327-0553 ;