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Lethbridge Herald Newspaper Archives

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Lethbridge Daily Herald, The (Newspaper) - November 17, 1919, Lethbridge, Alberta PAGE TEN THK i'; DAILY HEHALU, MONDAY, NOVEMUER 17, 1010 BY FAIHE10 Heporl of Investigating Commit- tee Attaches No Dlame to Sir Ian Hamilton LONDON, Nov. (A.r.l The re- porl of Tbc iviiidi been InvesliEalius ihc Jissslro-Ji Dar- danelles cipeiilkKi c! 1S1B. made puMic today, finds liial when it was decided to send au expedition lo Ciat- lipoli surrlci'ecl cocsidenilio'j was net given io measures necessary lo suc- cess ana ibc difficulties ol tne oper- ation were much nrder-estimaieij al (he outsei. All iho decisions Itifti Ihe provisions for ite expedition, Rccordms 10 the report, were- based evacuation should havo occurred ON w_ mm WASHINGTON. N'ov. The su- preme court agrees today lo hear arguments next Thursday on appeals froni two Decisions rendered last week KEACT10NAU1ES AHK IN CONTROL, UKUHANY, SAYS 'BCIIIKWEMANN COPKNHACKN. Nov. EehtcdeniFUin, former Uerman chan- cellor, -.vrilios in the Vorwaerts, says he considers thai Germany Is really in The power of, the reactiunarlea. 'The entire nnny." writes, "seems to he at the disposal of tho reactionaries. Unity ol the wprklng classes has be- come a Ivounden duly." from Iho .smar p The of the commnfaipn oe- declaring the act uncousiitu- liere that ibe conditions (or a itteck should have been studied anJ B General plan prepared by the chief of.lhE gcnprul slatf. Sir James Wolfe Murrey, vrhllc it tie duly -if Ihe accrenry for war to thai (his iloue- The comtuission Ihe per- fioEnl gallantry, eoercv and dettrmin- Etlon to win al all costs of Gen_ Sir Ian HaiullloD, comraander-in-cilsf of the and also that tbe lask ODQ of most extreme difficulty, inoro so as Ihe authorities at homo misconceived tbo nature aad the lecfith or the operation. The commissioners think it "svpuia bave been Trell bad Sir Ian eiaminEd the more critical situation disclosed on (he first imparllally the probablliiieo of success or regard for his re- snomittetl to the TVBT iecrelarv a comprehensive statement 1 Tte commissioners believe Lhat after the advice of Gen. Sir Charles 31on- i roc, who succeeded Gen. Hamilton as '.commantlEr of the eipedition, in favor tional will be heard on the same day. IS 111 10 PIECES Nov. serious c rills appears imminent In Aus- tria, according to advices received here. Political discontent and the economic distress are arousing the people. The Vienna govern; msnt, It is reported, is unable.to maintain its power and the re- public is likely to fall to pieces, several groups declaring for a union with Germany. It Is asserted that the Austrian army will not attempt to prevent a new revolution, ss its officers have for some time gradually replaced by Socialists. Case of Grcenall vs Boyd In volves Some Interesting Legal Points IV: Grove's 0-Pen-Trate Salve Opens the Pores and A Remedy for Chest Colds. .Head Colds, Sore Throat, Stiff Neck, Earache, Spasmodic Croup arid kindred ailments. Apply freely to the skin just oveMhe affected parts and rub it in. :L- GROVE'S O-PEN-TRATE SALVE is also an Excellent Germicide- for the Nose and Throat. v It should be applied to.the nostrils-so that you will be continually inhaling the vapors while in.the presence of patients sick with contagious diseases, or when you are entering crowded cars or other public places during an epidemic of Four. Grocer. Judgment lias Jieen lianJcd down by his Honor Judge Jackson In Ihe case ot George B. Grcenall vs Hugb Uoyd .ud D. J. Hay carrying on business in partnership 'under the .firm oama ocd sljle ot "The Printers aud Sta tioners." Thia was n claim made by plalDtlt for the suru ol JJ25 balance, ol a note ol D. J. Hay to plaintiff in tahLug over the interests in the business. Id giving judgment for the defend- ant-Bord bis'Honor stated that by nn agreement ia writing tfcc said Hay and Hugh Boyd into ail agree- jment ol partnersblp by wliich Hay t into the business the whole o( bis entire present interest la Uie 'rinters Stationers. The iiew part- .ersbip was to be called "Printers and was to sssumo as a partnership expense and lo pay the sum ol ?S50.00 due from Hay to Greenall under the agreement "between Hay and Greenall above referred lo. The cheque was issued for the by the new partnership to Greenall. Whether the note mentioned In the agreement bctweeo Greenall aud Hay (or Ihe balance or Ihe purchase price was ever actually siren by Hay to Greenall did not come out in. the evi dence except that possibly the evi' dence given by Boyd that Greenall said lie was willing to lake Hay's note after OcL 23, 1917, for lha amount due show that the nolo was never actually glTehi At the lime that Greenall entered IE to the agreement with Hay, Hay Ehowed nim hi3 agreement with'Boyd by which the new partnership was lo pay ofE Hay's liability to Greenall. I The agreement between Boyd anr1 Hay was not to cores in, force until llsy settled with Greenall. H appears also that the plaintilf Greenall con tinued to work for the new partnership until it was dissolved on 23rd October 1917. By an agreement of dissolntion of partnership dated October 1917 be twecn Boyd and Hay, .the said Ha) agreed to assume 'and pay all the liabilities of the Printers Stationers No Effort to Collect From Hay While Boyd did not take a TI active part In the business, he doubt, in carrying out.his part the partnership agreement did take a more or less active-interest in' It- T does not appear that Greenall made any effort lo collect from the partner- ship the balance due by Hay lo him. He -may have on a number oC oc- casions asked Hay lor the money but H Js not clear that he did ED in capacity aa a partner. Greenall did according lo Boyd's cvid'tnco tell Boyd alter 23rd Qcloher 1317 that be would be willing to accept Hay's note.. Ap- parently, after this, date-nothing was Eaid to Boyd uulll the early par! or. 1919 when the matler wag placed in a''solicitor's hands for. collection. This action was commenctd OIL' 3rd April'1919. The plaintiff Is cow en- doarorinB1 to hold "Boyd And Hay aa partners In the business ol "The Printers Nice Legal Point The judgment refers lo a conversa- tion, between Greenall and Bojd in which it was shown tbat ho .tried lo get Hay's note even after Boyd and Hiy had dissolved partnership In Oct. 1317. In this his Honor held tial the plaintiff did not show by any act or word, that he was holding the part- ners Boyd and Hay liable. Ibe evidence rcriulred may be only said his Honor "I caunot conclude from the facts in Ibis case thai such evidence has been brought quL U Is true tbat Greenall may have relied lo a certain extent on payment by the partnership, yet my own opinion is that he did not consider Uie nice legal point ol nova- tion." '-'On the whole, while this case Is one ol those on which there might be a 'inference of opinion, 1 think Ihc plalnllff has falfcd lo make oat a caso of novation, ami consequently fatl.t In his action. The action will, therefore, be dismissed with cents. I wish to add that al '.he trial plalnllff asked for judgment against in default. This I granted bc- foro reading the pleadings. I later erased such Judgment from Ihe re- cords ot plaintiff's counsel" A. ifl Hogg, of Hogg and appeared for thor defendant Boyd, and J. X. HILchle, ot Johnslonc and Kit- chle, for Iho plalnllff. UFA! IfllY DORPAT. Esthonla, Nov. There It Ihe keenest Uert over the arrival this afternoon of the (our Bollhevlk repreienti- lives, headed by M. Litvlnofr, for- mer ambassador to Great Bri- tain. M. Pfip, the Etthonan' minister, announced today that fhe Bolshevik delegates will be queitered and not permitted to see any one In private Without special authorization. The quei- tton of an armistice, it Is believed, will be held In abeyance pending the outcome of the Copenhagen conference. It is difficult to as- certain whether the confrerei of 'the Baltic itates are making any headway. Since Thursday night; it has been observed that the un- official delegates had been nerv- ous and extremely reticent and In- dications multiply that there Is basis for their fears and pewl- mism. FAIUS. N'ov. >f the gravity of the coal situation, be luuolclpal governments have re- quested theatres to re'tuce illumiua- loy for tlte purpose of coMBcrvLiig inei. free distribution of fuel to persons LUHluied durine tlic uar has becu Lc- eun. A tall o! snow lias greatly delayed ralus eDlering the city mid It is feared shipments of coal will be seri- ously Impeded. Twelve persons, mostly coming rom Ihe old country, are at pres nt detained by Quebec i mm I g rail on facials under the eilstlus laws o le immigration department. FRENCH HAVE SERIOUS SHORTAGE, COAL SUPPLY TIU-WEGKLY SEUVICE And Stock Wreaks Nearly Eighl Valued al Nov. Kov- erument by an ujilnlun today In Ihe ALLOWED. C.N.R. collr' >LS fight to have [cancelled patents for 6000 acres'of OTTAWA, Nov. a Judgment granting ihc request of llic IrouOale, Bancroft and Ottawa branch of the Canadian National Railway System lu be allowed to reduce Ihe passenger service from a daily to a trl-weekly btsls, the railway board Indicates its policy la regard to reduction In th- services given by a government road which is uoL paying cosL of operation, "The unsatisfactory HE It in many ways may be. 111 have it is regretted, to be ILe judgment most tho culy etroug feature of the morning, nlsy relinquished u largo purl ol Its (ho 11 Dim advance. The entire Jilt broke wHh Southern Pacific1, although aome elocki held over Ihelr extreme loises o( tbq mom- Ing- steels, oils, motors anil equipments were I to 15 points uudcr last wceV's (leal quotations. MINISTER WILLING TO BE HATS MAYOR AIEDIC1XE HAT, Nov. J. W. 'Morrow, a retired Presbyterian minister, has announced bis candida- ture for the mayoralty of this city In response to petitions presented lo him by tho Labor party and returned 'soldiers. California oil land valued at POO, alleged lo have been obtained through fraud by the Southern Pacific coiunnny. I t In disposing ol the ciise, Ibc su- premo ca'.i.rl federal court decrees dismissing proceedings Insti- tuted by Iho government to have Ihe land, which Js located within naval oil reserves number one, returned to the EOT eminent. Br-ak Tn Railway SloeX NEW YOIUC. Nov. Tho slock market wa.3 subjected lo another sharp break al noon today. Heavy selling was precipitated by announcement by Lho United Slates supreme court had decided against ILe Sou I hern Pacific company In the suit involving 6000 acres of valuable oil lands In Califor- nia. Southern Pacific broke on exten- sive sales from to lOIVs in leas than -10 minutes. The stocfc closed last week at Union Pacific, which had been al- SPEND YOUR WINTER IN COMFORT AT Victoria B.C. Facts Are Eloquent Xovcmbcr Weather In Victoria. No Snow. No Frosl. No fof. tAverage Lowest Terarfsrtiturfc, SS Average lllg 41 Lelibd you the Blizzards, [he Sleet, Uie Frost >nd Uiu Snow, and COME TO THE EVERGREEN CITY OF CANADA Full Information Supplied by W. A. McADAM, Publicity Commlsiioner, VICTORIA, B. C. AUTO DRIVER GETS THREE MONTHS MEDICINE HAT, NOT. 111- lomobllo a dangerous thins anil il behooves every man driving 11 lo care BO that he won't tho cauge ot Injury to others. I am satisfied on that occasion yoy wire neglecting your duly'and you ran him down be- cause o[ that. I'll-liavc lo sentence you lo a term of Imprisonment; 1 tan't Icl you go with n fine; 1 mast Blvc you a term of Imprisonment as a warning lo others. I tliercroro sen- tence yon to three months' Imprison- ment aL Ltlhbrldge, with narfl labor." Such was the decision of Mr. Jus- lice Scott al the supreme courl, this mornlnr, In llic case ol Carl Farn- Strom, o( Tol Valley, Sask.; charged with running Peter FJnchenoff down with an automobile on North Railway last Jung, _............. Because You Like The Flavor Forget that Chiclets "aid no note of the fact that they sweeten1'the mouth, keep the teeth clean, satisfy the sweet- tooth craving. Chew Chiclets simply beef use they're supremely you rlike the keen, zestful, refreshing peppermint flavor. Give your fancy full the''dainty, flavor-filled candy-coating between your the "Really Delightful" goodness they bring. .In stores for For the the generous Week-End -an Adams product, particularly prepared q Ce., United, Tornta, ;