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Lethbridge Herald, The (Newspaper) - July 2, 1910, Lethbridge, Alberta The Lethbridge Daily Herald, Jidy Fftgell, No Bv4aw of the City of Lethbrtfge 3 ratew' tbo sub of for treat Extensions and for the f Cit Parks and to rovement of. City Parks ebentures for the said sum and to rovide I'or the assessment and col- action of the sums necessary to ro- ire such debentures. WHEREAS it Is deemed advisable o expend certain sums orrnoney fori he welfare of the cdty ot.Lethbndge, 660_00. iz., for the following (a) For Street extensions. Certain' known ispectively as the Gait, Henderson aid Adams Parks. The estimated amount of such ex- penditure being AND WHEREAS it is deemed ad- visable to raise by way of loan on the credit of the said City of Lethbridge SI said sum of Thirty-five Thousand dollars, AND WHEREAS it is deemed expe- dient that the said sum bear: interest at" the rate of four and one-half per centum per annum P. a.) to be paid half-yearly and the: said princi- pal sum of Thirty-five. Thousand dol- lars to be paid at the ex- piration, of thirty years from the date of this- By-law taking effect. 4.ND WHEREAS the value of .the rateable property of the City of. Leth- bridge .according to the last revised assessment AND amount of.the existing debt of the City of Lethbridge outside of due for current .ex- penses is no instalment ot principal or Interest thereof being, m alAND" WHEREAS the respective amounts required-to be raised annual- ly by special rate during the currency of the said debentures bridge according to the last revised assesment roll WHEREAS the amount of the existing debt of the City of .Lethbridge o.i'tside of 'debts 'for current ex- penses' is no instalment of principal or interest thereof, being in arrears.. AND WHEREAS the respective amounts required to be raised annual- ly by special rate during the currency r.'f, tiie said debentures Paying the interest thereon (b) For forming a sinking fund for payment of the debt created by the hearing that they aw, not tog: the privileges hereby, granted -snal. determine. If the Company succeeds within three years in bringing to the Citj. a supply of natural gas to .the extent above provided to :be used withjn tiie City the City and Council- shall grant to the Company ,full and exclusive NOW THEREFORE THE MAYOR AND COUNCIL OF THE CITY .OF LETHBRIDGE ENACT AS FOL- 1 It shall and may be lawful for the" Council of the City of Lethbridge ro raise the sum of One Hundred and Forty-eight' Thousand dollars 00000) by way of loan for the pur- pose of defraying certain necessary expenditure in connection with: (a) The construction of.sewer out- let Number 3. (b) in 1910. (O (a) For payin; on the interest there- The extension of water mains Additional machinery and changes in.the.Power House. 2 That debentures be Issued for sum of One Hundred- and Forty- S-ht Thousand dollars payable at the expiration of thir- ty years" from the date ot this taking' effect, said debentures beWg for One Hundred dollars 1 each or any multiple thereof, not .u. all to exceed the sum of One Hun dred and Forty-eight Thousand dollarb with coupons attachec thereto for the half-yearly interest on each debenture respectively at the rate of lour and one-half per centum per annum p. a.) payable at the Bank of Montreal in the City ot MOB the Bank of Montreal in the Citi of Toronto, or the Bank of Montrea in the City of Lethbridger That the said "debentures shal powder, license and -authority to under- take and complete such works as may be required to pump force or other- wise convey natural gas through, un- der or along the streets of the City, and for the purpose Of .the same to enter upon with all the necessary ap- pliances and men and to break up, dig, and lisa such of ttie streets-as may "be expedient and to make all nee ssary 'connections between die sys- em of mains, pipes or.other works lereby authorized, and any Dwelling, hop, factory, building or other place f any nature or kind whatsoever, with- n the said city, and. also to construct, ay and.carry with the permission .of he Council all necessary connections, pipes and apparatus through, along or under any square, park or other prop- erty in the City as to which the City municipality shall have the right io grant this privilege and to renew, al- :er or repair, all or any of the works or connections so laid down' or con- structed, provided that a plan show- ,ng the proposed location of said mains pipes and building connections as a- toresaid, shall first "be submitted to che said engineer. 4. That before any "of the works hereby authorized., or -undertaken or commenced.by. with in the City, plans showing the charac ter and extent' thereof shall be furnish the Council and "the time and manner of the carrying out thereo" shall at all -times be under the super vision and control of the --said engi _______ wear and tear, and making all other pi oper allowances and shall increase amount so Ascertained by ten per 'cent: .which increas- ed the arbitrators.shall award as the sum to be paid; by. the City within six months from the date thereof. 12. In case the amount awarded or agreed upon to be paid to the Com- pany is not paid 'within six months after the time at which it is payable, the Company may resume possession of their works, and property and all their rights' in.respect thereof in so far as they may lawfully do so shall thereupon revive and the City shall indemnify the Company for all costs and damages to which, the Company 21. The Company shall subject to the terms and provisions of this By-law and any agreement entered in- to in pursuance thereof have and en- joy all the rights, powers and privil- eges and1 be subject .to all the liabili- ties of a Company..undtr the terms and provisions of Chapter il of the Ordin- ances of the North West Territories for the year 1901, entitled, "An Or- dinance Elec- tric and Telephone so far as'the provislons-th't'sreof may be applicable to than-a Water, Electric or Telephone Company except- with regard to tho expropria- tion of lands. 22. In consideration.of the passing ,n-n'A JSY- 1 xation and in neer. 1 i. J3 f fb) For forming a sinking fund for payment of the 'debt -created by the said debentures, .vr.vr.1, NOW MAYOR AND OF' THE CITY OF LETHBRIDGE .ENACT AS FOL- 1. it shall and may be 'lawful _ uw_ Council to raise the sum of Trur-; 4 addition to all other 5 If the said works, are not car-, ried out "according .the plans and profiles approved by the- engineer or, are so carried out as in the opinion of the said engineer to unnecessarily in- jure the streets or to damage or in- be sealed with the seal of the City of j convenience the- inhabitants of 'the Lethbridge and signed'by the'Mayor and Secretary-Treasurer and payaole in Canadian Currency at any of the said branches of, the, Bank of Mon- treal. ty-five Thousand dollars, by way Of loan for the purpose of de- fraying certain necessary expenditure in connection Street (b) Laying out and-improving cer- tain'Parks within-the City known re- spectively as the Gait, Henderson and Adams Parks. 2 That debentures be issued for the sum of Thirty-five Thousand dol- lars to be payable at the of thirty (30) years from the date-of this By-law taking-effect, said debentures being for One Hun- dred dollars each or any multiple thereof, not in all to exceed -the sum ot Thirty-five Thousand dol- lars with coupons attach- ed thereto for the half-yearly interest on each debenture respectively, at the irate of four and one-half per centum per annum (4 p. a.) payable at the Bank of Montreal in the City-of Montreal, the Bank of Montreal in the City of Toronto, or the Bank of Mon- treal in the City of Lethbridge. 3. That the said debentures shall be sealed with the seal of the City, of Lethbridge and signed by the Mayor and Secretary-Treasurer, and payable in-Canadian .Currency at any of, the said branches of the, Mon- 4.' Thai IT? addition to all other amounts there shall be collected in each year during the currency of the said debentures en all the rateable property in the City of Lethbridge by 'special rate or rates sufficient there- for the sum of Fifteen Hundred and Seventy-five dollars for pay- ing the interest on said debentures and the sum of Seven Hundred and Thirty- five dollars and Seventy cents 70) to form -a sinking fund for pay- ment of the' debt created by said de- hentures, to be levied payable and col- I ued at the same ,time and .in the same manner as other taxes are pay- able, levied and collected or-by By-law of the City. 5. This By-law shall come into ef- fect on the first day of August, A. D., 1910. 6. The votes of the burgesses duly qualified to vote on this By-law shall be taken on the eleventh day of July, D., 1910, at the City Hall in the City of Lethbridge, between the hours "of nine o'clock in the forenoon aDd seven o'clock in the afternoon. Done and passed in council this---- day of............A. D., 1910. Mayor. S ecr NOTICE IS HEREBY GIVEN THAT the above is a true copy of a By-law which has been introduced and which may be finally passed by the Council in the event of the consent of the Burgesses being obtained thereto, af- ter one month from the seventeenth day of June, A. D., 1910, being the date of the first publication thereof in the Herald" AND that the votes of the Burgesses will be tak- en upon the proposed By-law on the eleventh day of July, A. D., 1910, be- tween the hours of nine o'clock in the forenoon and seven o'clock in the af- ternoon, at the City Hall in the City of Lethbridge. GEO. W. ROBINSON, Secretary-Treasurer. ......._ of-possession .and at the end of every'further period of live years from he time when the Compaiiy resumes possession, the City shall have the same right of purchase as above pro- Ided. 13. In the event of said Com- pany, after having, availed themselves of the privileges hereby conferred, j failing for a period of six. months to nump, -force or deliver natural gas :hrough the pipes, mains, and connec- tions and other works constructed.for purpose 'of conveying the same as aforesaid; the privileges hereby grant- ed shall in so far as they are exclu- sive" absolutely cease -and determine, but the said Company-shall neverthe- less 'continue. said privil- eges' in are not ex- clusive for the purpose- of supplying the said- City .and the "inhabitants thereof with" natural-gas, and if the said City has not prior to the time, that the said Company-is again able ip, force or deliver through its mains, and connections and oth- as aforesaid entered into any contract agreement or other arrange- ment inconsistent therewith, the said exclusive privileges as hereby granted but not otherwise shall and the same shall thereby be revived, to the event of the failure by the Company to sup- plv natural gas for a period of thirty days as provided in this City anything contained in .tiie mentioned and the grant by the City j to the Company of the exclusive rigntsj powers and privileges herein provided for the said Company, so long as u enjoys such'eaelusive rights, power? and shall pay to .the Treas- urer of the City within thirty days after the close ;6f the fiscal year of the Company, two anuual -profits centum of the thereof derived amounts there shall be collected each year during the currency of the said debentures on all the rateable property in the City of Lethbridge by special rate or rates sufficient there- for the sam of Six Thousand Six Hun-, dre'd and Sixty dollars lor paying the interest on the said deben- tures and the sum of Three Thousand One Hundred and Ten dollars and -Ninety-six cents to form a sinking fund for payment of the "debt created by said to be lev- ied, payable and collected at the same time and in the same manner as other taxes are payable levied and collected by statute'or by By-law of this City. 5. This By-law shall come into ef- fect-on the first day-or August, A- D., 1910. 6. The votes of the-burgesses duly qualified to vote .on this By-law, shall, be taken on the eleventh day of July, A D., 1910, at the City Hall in the Citv: of Lethbridge, between the hours of "nine o'clock in forenoon and seven o'clock in the afternoon. _ Done and passed in 'council this---- day D., 1910. gas, pipes City the said engineer shall have power tib forbid the. continuance said works, and upon such prohibition- the" Company shall forthwith cease the same" and shall if so directed by the said engineer replace the streets in as good a condition and state of re- pair as existed before-the commence- ment of work, and if they do not the City may so replace the streets system or mains as are-neoes- and charge the expense thereof to the dStribiition of such -sup- ir agreement herein mentioned ...to tne contrary notwithstanding, enter .into a temporary contract .or agreement with-any other firm or..per- son for supplying natural gas within the City limits during-the said period of: six -months 'or less and -the XJity mav utilize such parts, of the Com- are-neces- Mayor: Secretary-Treasurer. NOTICE IS HEREBY'GIVEN THAT the above is a true copy 'of a By-law has been introduced and which may-be by the.Council Company.' 6 Upon the completion or repairs of "any, work-hereby authorized the Company, shall replace-the. streets up- on -which'such works have been car- ried out in as good a condition and state of repair as existed before the commencement thereof. If the Com- pany does not so replace the streets the City may do so and charge the expense thereof to the Company. 7 All works hereby authe the City.as aforesaid, is sufficient to payv.to "the said proprie-j tors an or ten per centum, and-when and so soon, as the same shall happen, 'the said Company shall pay to the Treasurer of the .said City as days after the close ''of the fiscal year, as aforesaid sum in addi- tion to the two per -centum as: afore- said as may remain of. the net, annual profits as aforesaid, after payment, of the said dividend "of ten per: centum to the proprietors as ..aforesaid, until the said Treasurer, said Citv shall have received, an amount equiv- alent to five per: centum of-l the net annual profits of th6 said company available for distribution as aforesaid: the purpose of verifying the City's percentage of profits as herein said Company shall keep all accounts ,for gas supplied within the City in separate books, said.books to seal-of the City placed kept -apart from any other account, and at the end of each fiscal year- tie City Auditor shall have access to-the books 'containing'such'accounts for the- .purpose- and' only such-portions dfUhe plant actually in gas.within the City shall __ in of the consent of the Bur- grant to any other -person, firm or 111 LU.C GV-GAll. V" VJJ.V. nn n el 1-11 nf gesses being obtained, thereto after one month from the seventeenth day of June, A. D-, 1910, being the date of the first publication thereof in the "Lethbridge AND the votes of the Burgesses will be taken -upon the .proposed By-law on the eleventh day of July, A. D., 1910, be- tween the hours of nine o'clock in the forenoon and seven o'clock in the af- ternoon at the City Hall in the City of Lethbridge. CEO. W. ROBINSON, Secretary-Treasurer. corporation the right to construct or lay mains or connections on, in or'through the streets. of the City for the supply of natural gas, unless the privileges hereby granted to the Company are forfeited and determined By-Law No BEING A BY-LAW TO GRANT A FRANCHISE TO LAY PIPES THROUGHOUT THE CITY OF LETH- BRIDGE FOR THE DISTRIBUTION OF NATURAL GAS. WHEREAS A. Dingman, of the City of Calgary, in the Province of Al- berta, and H. A. Bonnar, of Cowley, in the State of Wyoming, United States of America, on behalf of themselves and'their associates, both present and future hereinafter called the Company, have applied to the City of Lethbridge for the purpose of securing exclusive license and authority, to un: dertake. and complete such works as may be required to pump, torce or otherwise convey natural gas along the streets of the City, subject to the terms and conditions of a Draft Agree- or unless the. Company's supply _of nat- ural gas shall become Insufficient to meet the demand therefor, and it is determined by arbitration under the provisions- of the Arbitration Act-or otherwise as may be mutually agreed upon that ;the Company is not with reasonable speed and diligence tak- ing tie necessary means to increase tha said supply. In 'the event of this By-law not receiving legislative rat- ification as hereinafter provided and in the event of it being judicially and finally decided -by the Supremo Courc of Alberta or other tribunal succeed- ing such Co.urt and having jurisdic- tion that is 'not within the power of the Council, or of the Council.with the assent of the Burgesses under sec- tion 3, sub-section 2 of -Title 21 of the Lethbridge Charter grant the said rights and privilege tor the said term of twenty years, -conn-nencing from the time of beginning to exercise the same as aforesaid or for any longer time than twenty years from the date of this By-law or the date of its eom- Itig into effect, then and in either case the term of the existence of the. rights, and privileges granted hereunder shall be'..deemed to be and shall be twenty years from and after the date ot the to use. the Company's mains shall cease absolutely as Com- pany are again in a position to sup- ply natural gas in. the City or in any event at the expiration of six months from the date of the "failure of the Company's gas supply, but the Com- pany's exclusive rights shall cease at ie expiration of six months.from, the failure of its hereinbe- fore provided. .14... If .the Company-avails itself of the privileges, hereby-granted and ob: tains a sufficient quantity of .natural gas 'capable of-being -commercially and. economically .utilized for light, .neat, power or fuel purposes, they shall, dur- ing the of- ,s.uch exclusive privileges, supply'the; -same through- o-at the said City at a price not greater than that charged' by.- the said Com- pany foi; supplying, the_ same, at any point outside of 15. The Company shall, during said period, supply natural gas to the in- habitants of ".the City for domestic purposes, -so long as such gas is avail-1 able at a price not exceeding twenty- five cents per thousand cubic feet, and for power purposes at-a price not ex- ceeding fifteen cents per: thousand feet 16. Nothing herein contained shall be -taken or read as relieving the Com- pany from the obligation to observe the "accounted for in the City's books. The City, snail'at-the next en- suing session of the legislative assem- bly of the Province of Alberta, pre- sent a Bill to said Assembly ratifying the. terms' of-this, By-law and. will, .use every have the same passed as an Act of the said Assembly, but the said Company shall bear all-of the expense-of the adver- tising and presenting the said :Bffl to.the said Assembly. 25. In this By-law" the expression the City of Leth- bridge; "Council" or "City Council" shall mean the Mayor and Council thereof, for the time being, or auy'per- son or persons authorized by law to exercise the functions now; exercised by the Council; "Company5 or said include and refer to and be in every way binding uporrthe ap- plicants, their and each of th'air'neirs administrators and or any company incorporated to take over their franchise and its successors or assigns; "Engineer" shall mean and in- fthe City Engineer or other offi- uthorized to discharge the dut f the City Engineer; "Works' whole of the Company's ment now on file with the Treasurer of the City and identified by his signature. AND. WHEREAS it has been deemed advisable to grant the request of the said applicants and to grant them an exclusive franchise therefor to be ex- ercised during the full period of twen- ty years as in the said Draft Agree- ,ment provided and on the terms and j conditions therein contained and on the distinct agreement that the ful- By-Law No passing of this By-law, and the agree- ment to be entered into as hereinafter provided, shall in such case be deemed to be amended accordingly, and shall be read as If this or the corresponding paragraph at. the time of the execu- tion of the said Agreement or of the passing of this By-law had provided i'or the said term of twenty years to commence from the date of this By- law. And the said Company may at any time without any judicial decision tbe 'distinct agreeing as aforesaid vary the said agreement fillment of said terms, conditions a and sent to the provisoes, shall in all cases be condi- fiomTianVs seal and A Bv-law of the City of Lethbridge to raise the sum of for sewage, water and power purposes and to issue debentures for the said sum and to provide for the assessment and collection of the sums necessary to retire such debentures. WHEREAS it is deemed advisable to expend certain monies for the wel- ;.vi-e of the City of Lethbridge, viz: "or the following (a) For the construction of- sewer outlet Number 3. (b) For" extension of water mains in 1910. (c) For additional machinery, and changes in the Power House, tue es- timated amount of such expenditure being AND WPIEREAS it is deemed ad- visable to raise by way of loan on the credit cf the said City of Lethbridge the-said sum of One Hundred and For- ty-eight Thousand dollars AND WHEREAS iUs expedient that the said loan bear interest at the rate of four and one-half per centum per j paid half- provisoes tions precedent to the exercise or en- joyment by the Company of the rights and privileges herein before provided Council ,under the Company's seal and terms and provisions of any and all By-laws of the City passed by the Council thereof, in the bona fide ex- ercise of their legislative .authority: but not inconsistent herewith. 17. The Company shall icieninify and save -harmless" the City from all loss, costs, charges, damages or ex- penses which may arise or be incur- red by the City by reason of the- exer- cise bv the Company of any of the privileges hereby granted, whether or not siich. loss, charges, damages or ex- penses arose or were Incurred at the time the said privileges were being exercised by the Company, pursuant to the direction and under the super- vision of or with the approval oi-tho sr.id engineer of the City. Provided that in case of any action being brought against the City in respect of any of the matters aforesaid, the Com- pany shall not be liable unless the City gives to the Company notice in cf such action before the ex pin.-tion of the time limited for ap pearance. therein, and" if .such notice is given the onus of showing that the said Company or the said City is no liable shall rest upon the" Company and the Company shall have the con duct of the defence of the said ac tion and shall, if required by the said Council, defend tiie same in the name of the City or may do so wjtliout the City's consent or otherwise, as it may be advised by their own Counsel, but without any cost or charge to the City in any event. IS. If it be found that tie gas in the mains is leaking in sufficient quan- tity to be objectionable to any of the inhabitants of the said City or to cause any damage to the property or the said City cr any inhabitants there- of or to be a source of danger, the Company shall forthwith repair such property within .the City-from time to ime existing; mean and nclude any street or avenue shown as uch on the plans of the Cityvregis ered in the Land Titles' Office for he Registration District In which the Jity Is situate and "Lane" shall mean any lane as shown on such plan. 26. ATI agreement embodying the provisions herein and a convenant on >ehalf of the Company to conform to and fulfill all the matters and pro- visions herein' provided for and her6- by required of them, shall be drawn and shall be executed by "the City and oy the Company as soon after the passing of this By-law as the same nay be conveniently prepared. 27. This By-law shall take effect on the first "day of August, A. D.. 1910. The votes of the Burgesses duly to vote on this By-law shall be taken between the hours of nine o'clock in the forenoon and seven o'clock in the afternoon on the elev- enth day of July, A. D., 1910, at the City Offices in the City of Lethbridge, and the Secretary-Treasurer of the City shall as provided in the City Char- ter, be returning Officer therefor. 29. The twelfth day of July, A. D.. 1910, at the hour of eleven o'clock in the forenoon at the Council Chamber, in the City of Lethbridge is hereby fixed as the time and place where and when the Returning Officer shall sum up a'nd co.unt the votes given for or this By-law. Done and passed In Council this---- day of...............A. D., 1910. Mayor. Secretary-Treasurer. NGTfCE is hereby given that the above is a true copy of the proposed J. W U U.J..1. the hands of its President and Secre- if gaid leaks are not re_ tary, aad undertaking; that sucn agree- Baired. wlthia forty-eight hours from V.A nvi n i n p- w __ has been introduced and e finally passed by the Council the event of the consent of lie Burgesses being obtained thereto after one month from the seventeenth for. NOW THEREFORE THE MAYOR AND COUNCIL OF THE CITY OF LETHBRIDGE ENACT AS FGL-' 1.- The Company shall within six months from-the date on which this By-law received the approval of the Burgesses, commence active opera- tions for the purpose of boring or drill- ing for natural gas with the object of conveying the same In pipes to the City of Lethbridge. 2. After commencing active oper- ations as aforesaid the Company shall with the drilling or boring operations and if the Company fail to bring in pipes to the boundaries of the City a sufficient supply of nat- ural gas, being at least two hundred and tifty thousand. cubic feet per day for .use within the City within three years from the first day of July, 1910, the privileges hereby granted shall ment shall be amended by providing that such terms of twenty years shall date from the date of this in which event such agreement shall be read as if the paragraph thereof based upon this section had originally. so provided. 10. That if before the expiration of the said period of twenty years as herein before provided, three months notice is given by the City to the Co., the City may, without the Co.'s consent, at the expiration of the said period, as hereinbefore provided, and the City shall, if no agreement is en- tered into with the Company by the City for a continuation of the said privileges for any extended period, purchase the Company's works and undertaking, and shall pay therefor a price to be determined by Arbitration under the Arbitration Act, but to the conditions hereinafter mention- ed and contained. annum yearly, One Hundred and Forty-eight Thous- and dollars to be paid the expiration years p from the date of this By-law taking effect at any t'a-.e the Coun- lat the Company is not proceeding with proper. speed and diligence in boring operations and laying of pipes the question of wheth- er or not they are so doing shall be determined by the Engineer, or if the desires, by arbitration, and' the price to paid for said works and undertaking, shall first de- termine the actual value thereof, hav- ing regard to what the same would cost if the works should then be con structed or the property of the Com pany then bought, if the Company is the time the said Company is notified the City shall have the riglit to re- pair such leaks under the terms and provisions set forth in paragraph 6 of the agreement mentioned herein. 19. In acting under the agreement mentioned herein the said engineer shall be bound to act reasonably and bona fide and not arbitrarily. -In the event of the Company being of the op- inion that the said engineer has not acted as hereby required the question shall be referred to and determined jy the majority of composed of the said engineer and the engineer of the said Company and a third en- gineering or other expert chosen by them, or if they cannot agree, by a Judge of the Supreme Court of Alberta having jurisdiction in said city and the cost of the reference in any event shall be borne by the- Company and until the board determines the question the di rections of the said engineer shall be obeyed. The property, real and persona" of the said Company within the City shall be exempt from taxation by the City until they have succeeded in dis covering Natural gas in paying quan titles as aforesaid, and begun to pipe day of June, A. D., the day first publication'thereof in the Herald, and that the votes >f the Burgesses will be taken upon he proposed By-law on the eleventh day of July, A. D., 1910, between the of nine o'clock in the forenoon and seven o'clock in -the afternoon at the City Offices in the City of Leth- a going concern, as in any bridge. GEO. W. ROBINSON, Secretary-Treasurer. PARKS FOR RED DEER. Townsite Co. Offer To Turn Over Land to the Town. Red Deer, June Calgary and Edmonton To-wnslte Co. have of- fered the town 40 acres" of broken wooded land, traversed by creeks within the town limits, for an acre. The property is destined for park purposes and will afford room for fair and ball grounds. The prop- fO J gas through the streets or have aband-1 ____j PJlS- Ov O SmiGoinfUn We jiist placed n oiif a car load Quality and price are unequalled in Southern Al- berta Furniture Co. Opposite Fire Hall ;