BC Historical Newspapers

BC Historical Newspapers Logo

BC Historical Newspapers

Cranbrook Herald Sep 8, 1911

Item Metadata

Download

Media
cranherald-1.0070435.pdf
Metadata
JSON: cranherald-1.0070435.json
JSON-LD: cranherald-1.0070435-ld.json
RDF/XML (Pretty): cranherald-1.0070435-rdf.xml
RDF/JSON: cranherald-1.0070435-rdf.json
Turtle: cranherald-1.0070435-turtle.txt
N-Triples: cranherald-1.0070435-rdf-ntriples.txt
Original Record: cranherald-1.0070435-source.json
Full Text
cranherald-1.0070435-fulltext.txt
Citation
cranherald-1.0070435.ris

Full Text

Array JOB PRINTING
We are well  equipped to
turn out the beat clan
of work
THE CRAiN BROOK HERAiifE'
lerald Pays—Try
I   Column*,
a line
IF   YOU   WANT   CRANBROOK   TO   GROW.   PATRONIZE   HOME   ENTERPRISE      %        /;
VOLUME  14
ORANBROOK.   BRITISH   COLUMBIA,   FRIDAY, SEPTEMBER 8, 191]
NO. 32
From A British Point of View
"No otic in the United Kingdom
ulhiclies any weight to tlie cry raised by the CiHiservuilv," party in
Canada that annexation with tlie
United Slules would conic an the result of reciprocity, Such a thing is
nil nonsense, and ■ supposo It is
i nlscil lu'ic ns un election cry In
just Mm hiiiiic wuy us various Is*
sues ure prominently brought up in
l lii> old land on similar occasions,
Iteciprocily is entirely n mntiot ol
business, nothing else."
So said Sir .lolm Barker, llnrl.,
chairman of •> Barker and company,
l.oi.dou, one ot (lie largest linm* In
tho way of departmental stores,
rxistiing iii any purl of lhe world.
Sir .lohn has been visit ing lu Victoria and Vancouver.
As one of the loading Knglisli Imsl-
ncss nien of I tic present day Sir
•lohn Marker is'iu u position to
speak authoritatively in regard to
large matters of trade, nnd ,how
Ihey would he regarded from the
English point of view. In addition
to liis position us the head of his
Drm, and chairman of Paquin, of
Paris ami London, he has been a
member of the British house of commons, having been elected as Liberal
member for Maidstone, Kent, in
1800, and he 1.7 his seat since. Also
he was un alderman in the Iirsl
London county council, that most
democratic and businesslike of civic
administration br-dies.
A definite opinion on reciprocity
rrom a man of Ihe standing of Sir
John Barker is therefore entitled- to
the highest respect, not only at the
bands of any Conservative of this
country who may be halting between
two opinions, but 1 realise it is proof
that the people of the United Kingdom do not in any way share the
wild,cat views which Canadian Conservative Bpcakers and leaders, and
some Ill-informed ultra-Imperialists
of the Old Country, are throwing
out broadcast as to the dangers in
reciprocity from the bogey of annexation. If there was any foundation
for the alleged danger the men in
England especially might bo expected
to be more alive to it even than the
men in Canada, for an anxiety of
this kind if it really existed al all,
would, it can easily be understood,
be even more likely to cause alarm
in (treat Britain than ii. the Dominion.
"Of course I am in favor of reciprocity between Canada and the I nit
cd siates," continued Sir .inim emphatically during ar, interview he accorded lo the Victoria Times. "Why
not? Isn't it for the common goodl
Of course it is. What Canada
should tin is to develop her natural
resources on free-trade lines, by doing which everything  would not cost
the people th ulile, as i) docs     under
protection, ant) it would bring anj
amount id capital into the country.
After thai you mild go on manufacturing. \i presenl the farmer
has to pay the price of protection in
everything, and gets noMilng back,
Your wealth conies fnni the land,
and development ol its natural rtr-
Bflurocs should be the first thing.
"Reciprocity would he n goml thing
both (or Canada autl the United
sialic Tariffs arc up lo such a
piich that ihey handicap enterprise,
The British hate never, as Liberals,
seen anything but ***.>od ol Ihis recip
twit) measure* nnd 'we considei II
musi be id benefit to both countries."
"The Conservatives here, aid all
over ibe country, sir John,-" said
the Times man, 'an* lerlouslj suggesting ihat reclprocltj would In-
evltoblj mean fusion with the United
Slates, ate raising tbo cry  dtsioiai-
i\,' and uie tllliii', lo lead the people
to beJlove tha reclprocltj would
mean severance from ihc British
empire       Is that   the    Impression
thei have of ihe matter in England T"
sii John laugitod. "Most certainly ll< I," be Said       'Aalinalh   these
opponents of reciprocity must    have
some kile lo lly       They      lUUBl      lie
provided with some attractive battle
cry which is likely lo catch and attract ibe attention of the unlblnkir.g
pint of lhe electorate, anil in Canada, than which no part of llie
British empire tieyond tbo seas is
more loyal, such a slogan might
readily be considered an attractive
weapon to slay the innocents. Why,
when Lloyd GcofgO brought out bis
proposals for the great' benefit of the
.people were not the Liberals called
nil the blackguards on the face of
the earth? All those unwarranted
BUggcstlonH have disappeared row,
nnd if, as I presume will l:c the
case, reciprocity Is passed, nil the
unworthy arguments which ale now
being used here will be speedily forgotten.
"Iteciprocily is a business matter,
pure uml simple. It )s nothing else,
nml will lead to nothing -Jsc thai
need alarm the people of Canada. It
Is not. necessary to;absorb a country
because of tbe making of a eommei
' cial treaty. Iteciprocily is a very
goml thing, and will ho n splendid
thing for Canada. The people at
homo, except a few extremists, do
not lnave any fears about it leading
lo nniiexulii n. The business men
oier there consider il as il is, a
business matter, and will he glad to
set1 It pass. Why should not Can-
ada Irade wilh her neighbor? Tlie
wbolo thing is simply a matter    of
trade (or lhe common good.
"Tbe cry of aniiexallon is child Ish,
absolutely insane. I look on the
measure as purely a political mallei
Von always gel, stone cry of I Imt
sort, hi some shape or other, when
you go lu for reform. This is now
lhe ease in regard lo Canada. Itul
even if reciprocity did not please
you, you could jglvo it up by Kiting
a year's notice. What can lie a
greater advantage to Canada than
to  Ir* able to try It?
"Of course tbe Tories iu England
are nettled, because it knocks the
bottom out of tarifl reform which is
the only plunk in their platform at
the presenl lime. English people
would never do anything so suicidal
as to tax their own food when free-
trade has proved such n blessing to
(hem; nnd has placed England at the
head of every country in the world.
It is quite a wonder to me tbal the
Conservatives are arguing against
reciprocity, seeing that they themselves • sn long and so strenuously
advocated it and, as I understand,
their great chieftain, Macdonald,
won nu election ou tbat policy some
twenty years ago."
Sir John Barker concluded by
staling that England was ready to
further help the overseas dominions
financial)*, and that what Canada
wanted, which the United States
could not render, wns financial help.
England had advanced mi ney lo
Canada at a lower rate of interest
ihan she hail done lo any other nation iii tho world, having already advanced Canada $500,000,000 and being willing to advai.ee a further
$5nn,nnn,fififi. At the time of the
financial panic in 1007 the United
Slates, be said, "were glad to borrow $30,000,000 from Omit Britain
at 8 pet cent, and England hati never
charged the overseas dominions
more than .'K percent. lie ct uld
not see, from any point of view,
why anyone should think tbat Canada would ever be so mad as to
oven remotely contemplate cutting
adrift from the empire t< join the
United States, and he did not believe that reciprocity, «»r aiiythnin
else, would ever lead them to do it-
Sir John, who was created a luro-
net in ens for distinguished services t. commerce ami in parliament,
is jn llritish Columbia on a pieasun-
trip. He is a member ol a ijrndl
eau* wWch owns property both ..-
Vancouver and at Nc* Westminster
(buying the latter last yr.it for
$500,000) and negpiiatioiis are at
present in progress in regard to
the working ol the propertj neai
Vancouver, which covers some iwen-
n seven miles.
Campaign Notes
"King for  Kootenay "
Then* is     a difference Of  sevenlecn
cents between the price ot wheat in
Winnipeg and the same kind ol
wheal In Utnneapalts Thi n is no
question about that, and still tin re
are opponents to reciprocity.
In front id the C.P.tt. land depaii
menl in Seattle, is the notice In
large plain letters "Rcdprooitj will
Increase the  price of Canadian lands
lllll pel   cent "
The 0 P.It. in lliis case is doubt
less right It may not lead to ant
such Hn lease tight away, tail the
time is not fai distant when the
lands vtill lie that price.
Canadian lands ate at present less
Ihan half the price of similar land
in Dakota and other border stales.
Dm lands are twice as fertile as Hi**
lands tn the other state!.- The only
reason that our lauds are not iu
greater demand, is that our markel
is limited, Point out to llie American that not only are our lands half
the price and twice as fertile, both
of which facts I.e quite understands,
but that we have tlu* same market
and there will lie a wonderful rush
to this country, greater than we
hove ever situ More. The result
will be a very quick Increase in the
price of Inr.ds.
Doubtless the C.P.H. is right In
Its estimate. Thut company is a
very shrewd deoler and Should know
what il is talking aliout.
Judgment for School Trustees
Full Text of His Honor Judge Wilson's Finding in
the Appeal of Fernie Construction Co.
Tbe Rebecca lodge will give a
dunce in Masonic ball Scphinber
15th. BMf
Good pasture tor horses by wi**
or month. Apply to Prank (lodd.-r
ii, I*. 0. Box 185. 39 .It*
Tlie issue now heroic nu- Is lie
justification bj tito trustees for dis
ultarging Lite contractors from thei)
work.
'Ha* defendants allege cor tain
grounds of justification tor doing   si.
ns follows:
Piaster work: The contractor's finishing tlie walls with two coats,
work und tiic specifications calls for
three distinct coats. Tbe contractors were notified to rectify the matter but refused to do so.
Keen's Cement Finish! This work
should he trought to a hinh polish,
hut ns it is being mixed with putty
lime in proportion of about 2 id
putty to 1 of Keen's Cement and is
being applied to the walls very carelessly it fails to hate the desired effect. The contractor's attention
was drawn to the matter, be says,
"that it Is the best finish that can
he done with a trowel."
Painting: Tbe painter has been putting on oil slain instead of water
slain, the contractor's attention being called to the matter by letter
on the 18th October anil also oil the
17th November, '«!>.
Roof tm tower: This roof has been
standing for some considerable time
iu a half finished stale, and bas been
keeping the piaster work in tower
from being finished on account of the
waler coming through, The contractor's attention bas been drawn
to the matter on several occasions,
both verbally and by letter on tlie
15th November.
Drain for water connection: This
work has been delayed through the
contractor refusing to dig same. The
contractor claiming it is not in his
contract.
Removing of waste material: Contractor positively refuses to do It,
laimlng tbat it is noi in bis contract. He was notified about the
mutter on the 15th November.
Belay in pushing the work: 1 may
state tbat the whole of the work has
been considerably delayed through
the contractor failing io push the
work to a speedy completion, being
notified on several occasions, verbally and by letter or. the llth August
29th September and 15th November,
09.
I will deal with those grounds in
order:
1. That the eontrnel called for
three coats «f plaster and the contractors only put on two. On thai
p» int 1 have to some extent expressed my views on the question in my
findings on tlu* arbitration.
The specifications were certainly
very carelessly drawn and I certainly
think that they can ml.) In* Interpreted the way the contractoi has
done Tli.*     parties     aie at arms
lengt h and t he speeificat Ions must
be interpreted strictly. The speciflca-
t.ions as to plastcrir.g the flues may
make nonsense but that is ihe fault
t»f the architect who drew them anil
not the fault of the contractors—on
Ihat ground I will therefore lind
Og-atul the board as to the first
objection.
2, As to Keen's Cement. I have
also made a finding on this, but I
will again deal with il. 1 think tbc
cement was timtiTfSsaiily adulterated
and was noi put oi. in compliance
wilb the contract.
The contract interpreted stiicily
calls tor Keen's Cement and Kirn's
Oomcnl musi in* used—noi an adulteration, The board were entitled
to baie it used as the contract call*
cd lor or as they directed. This
w.is not done. Tlie result of the
manner in which tha work was  done
was a bad job. It serins to me Uie
board wen- justilitd ou this poii.t-
ft, As to tbe painting. In this
tbe objection was the use of oil
slain instead of water stain. This
undoubtedly was done on some of tbc
earliir work-but wns Objected to and
Carr, the painter, erased using il.
The contractors told him that Im* had
better use water stain as too much
"holler" was being made about uw
of oil Htuin. That cvidei.ee seems lo
me In itself to show tl.at the trustees had a complaint and it was not
remedied until it became a Question
of too much "holler.'' A certain
considerable quantity of work had
been done. That work could not lie
undone. It seems tt me that the
very statement   mode by Carr corro*
I borates   RcCallum   in bis statement
j tbat lie objected and yet the work
continued ns objected to, although
nil stnin had been objected to. I
think tbat tbe use of oil stair,   after
' it wns objected to was umtl'-ued
when it should   have ceased and thai
Ion Ihat score the trustees hat! n
j-mmI mound ot objection. In fact 1
think tins illustrates tlu* manner in
which the contractors dealt with the
trustees.       They    were   (tf. u-e a
slang Dxpresslon) bitl-licnded and
would only yield lo propel demands
Ity the Inspei i"i when Ihey nere
pressed to the utmost limit
i. As to delay in finishing rool on
tower. I il.ink tin- con-ttnetors musi
assume the rcsponsiblllt; r» ■- ihe delay of Iheir sub contractors. Taking
their own story that it was the delay of tho sub-contractors it seems
to mc thai it is singular that tliey
idiil not immcd'aloly call thai facl io
'attention of the hoard so thai Ihey
! might have been relieved of the responsibility if the trustees or any of
them were responsible. When tlie
notice ol objections wus given they
math* no answer on this score and
tTicy must, fur that as well as other
reasons, assume responsibility. Tliey
are in any case responsible and there
was no act by tho trustees relieving
them  Irom that  responsihililv.
5. As to lhe drain. 1 think this
objection was remedied utter lhe notice was given.
li. Removal of waste material. I
think the general clause al the end of
contract governs in this case. The
clause referred lu in the specifications in tin* part relating to plastering is a special clause autl in my
opinion relates only to the clearing
up under the plastering contract. Tbe
clause is used in tlie specifications
Which are dealing with lhe different
trades or classes of work, and thai
pari nteutionjpg contract clearly refers to contract under that class of
work. A reference lo the use of
tbe word contractors in thai section
seems tt mc to assist in showing the
sense in which the word contract is
used. The specifications are drawn
before any contract and thai of itself
shows that the use there of that
word could have no reference to the
contract thereafter draw.,, imt nlely
had referei.ee to a class ot work,
namely, plastering, ant! the use of
the word contract there is a peculiar use and the word "work" could
jusl as well hate been used autl
would have to a certain extent mole
ct rreclly conveyed the true meaning.
. Undue delay in completion td
the work, on this Question 1 think
there was unnecessary and provoking
ilclan. The evidence of tbe witness
lloskii.s oa this point is emphatic
ami practically uncontradicted. He
was complaining constantly to tbe
contractors as to tlu> delay and was
urging lliem to make baste. To him
no excuse was made as to delay lieing caused hy delay In otlier contracts. He was put off by VOClllat-
m; answers. Tbe work was not
bun teil. The school was wanted to
the Itnowlcd**** of the contractors
ami I think dearly that there was
any reasonable excuse. If the contrac-
unnecessary and undue delay without
tors were being delayed by reason id
the delay in installing the heating
plant it was a most serious thing,
yet they only complain on om* occasion and the delay continues for over
two months thereafter. Is it reasonable to suppose that they considered they had any cause for complaint in smb a serious matler when
for two months they made no further
complaint when practically daily tbe
inspector or the trustees were urging the speedy completion of tbe
work. Tbat finding clearly must be
in favor of the trustees.
So much as to ihc facts on the
grounds made by the trustees.
Tbe Inspector then issued his certificate.
It will lie seen that some ol the
objections made t.y the trustees bare
not been sustained lit me. In questions of interpretation of the contract as to tbe plastering and as to
(leaning up the grounds I differ witb
the trustees as to the legal interpretation ol the nnt ract and specifications,
Mr. Thompson contends that the
certificate is not divisible und that
the trustees must stand or fall on
the whole certificate. I differ witb
that. I think tbe superintendent bas
acted with sufficient justification in
issuing the certificate.
Ills Interpretation ot tbe clauses as
to plastering and clearing up differs
from mine but on the other (acts I
think, be was in tact acting with
sufficient Justification in doing what
be did. The responsibility then devolved on the trustees as to what
action should lie taken.
As to the issuing ol estimates I
think they have no effect on the
matter in controversy. I think
paragraph in ol the contract fully
covers that "No ceitificate giten
or payment made under the contract
shall tie conclusive evidence of Ibe
lul.iln.cnt ol this contra, l    by      Uie
contractors either ..holh or in pari
and mi payment slu.il he construed
to In* siicb an acceptance of detective work or Improper materials as
would entitle the contractors to
payment therefor." i think Ihat
clause   complete!)   covers   any ipirs-
tion us     t t being able    to   go
behind the last progress certificate.
I think tin* cert licatc nf progress
estimates given herein come clearly
within the purview of section in ami
that Ibe issue of such certificates
have do effect on lhe questions involved herein.
Another objection raised is that the
inspector is a quasi-judicial officer
and that there must he no Improper
interference with him as he is acting
as an independent arbitrator between two parties. Did
he issue liis certificate by reason ol
improper interference? I can't say
thai he did. Ile was instructed hy
the hoard to issue his certificate hui
he had to assume tbe responsibility
for what tbat certificate contained.
Ile wus the judge as to whal should
go iu tbe certificate, lie was tbc
only person tally to ni/.aul of lhe
facts und it, was his duly to stale
tbe facts for the trustees. Did they
in any way Interfere with hlm in
dictating whal that certificate
should contain'' 1 do not think
tliey   iild.       The   question if      wiial
the certificate should contain was
not discussed, Tlu- Inspector ha i
made a report to his trustees anil
they asked for lhe necessary certificate under section 3 and the question then was one to he dealt
with solely by llie inspector and be
alone bad any responsibility as to
that. As a fact be had sufficient Justification for tht* issue td his cert iii
catc and 1 cannot lind thai there
was any Interference by the trustees
in directing the inspector as t"
what that certificate should contain,
and be acted with his best judgment*
As to the contractors noi receiving any independent advice as to the
contract and for that reason n
strict interpretation of the penally
clause. I think that tbat mat he
correct. Penalty clauses however arc
always strictly construed and I cant
say that the present case differs
Tom others as to the construction
tbat should In* placed ou any penalty  clause.
Then as to questions as to the
interpretation of the contract. It is
objected that under lhe wording t i
section 5 of the contract, six days
notice is m-ecssary before the inn-
tractors could he discharged fiom
tbe work. I do not agree witb
that construction of the contract. I
think the six days clearly refers to
the rights of tlie hoard tinder the
first clause of lhe section and
that tbe second of section a is a
second remedy the board has that
can be worked Independently ami the
machinery for bringing it into effect
and the conditions under which it
can In* brought into effect are fully
provided in that part of the section. They are two Independent
remedies the trust its have, each
clause of which is complete in itself
ami   must be read separately.
2. If tf days notice is not required then a rcasonalle notice ii
required.
Notice would not be required lot
the Issue ut tbe certificate by the
inspector and therefore the onh
notice thai could be Insisted on by
the contractors would be notice to
them as to enforcing the clause (5)
by takii.g over the work. It must
lie borne in mind that no damage Is
caused to any property of tbe contractors hut the trusti v ate e\<r
Cislttg a riKbt to step in ami take
over the work. Their doing W may
or may not cause a h>ss to the urn-
tractors and I think the trustees
have that right forthwith after tin*
giving of the certificate, No loss
of or destruction of property is invoked wherein the present cases differ from the
Cooper C'2 L.J. C P. If:*.) and the
Hopkins (69 I...I. ('.It. 251)) enses.
There there was a direct destruction
of property hy the local board ami for
that reason the plaintirts were
held to be entitled to reasonable
notice. As I say those cases differ
materially from Ihe one nt bar as
there there was a direct destruction
of property while here then* was
only tin* completion of work In
another body which work had lieen
delayed or impro|>erlv done by the
jtrrsoii Whoso duly It was lo do it.
lu addition tbe notice fliven by Hie
inspector in October must Ik* borne
In mind. Tbe contractors there
bad notice of ecit.ilu objections
(I'nutiniieil ou page four).
Another Big Land Transaction
Large Block of Skookumchuk Land Sold to Vancouver Capitalists
During the put    low days .Mi   A cute,  represented bj Mr C  s  Rent,
II.  Fenwick,  fi   Fort Steele, noting of  Ihat city.
mi  bchall  of the   Central Kootena) I   ii   is tho Intention    of lho     new
'•;""! "'"' pewloirnii-nl c pany,  ,.. !,„,,,,.,,.,„„  o( M, block ot land   to
which Mr, ('   11. Pollen, cl ilii, city, ,	
,....,,.,                ,   , iiiuu,,! .ii  j    in-t.il extensive trrlga-
is   president,   Iins disposed of    Hint
c pany's   large holdings    In     the "on works and to proceed as rapidly
Skookumchuk  district,   upwards    ,,i as  possible    with    the   settlement
of  0000 acres, to n Vancouver syndl- thereof.
'King for Kootenay.
'King lor Koi tenay.
All interesting incident lhal came Al n Btormy political meoling in
within his experience In Ontario Hi,- Berlin, Ont . Hon. Mackcn ■■■ King,
other day Is being lold by Mr A II Imli.lster of labor, ami Iii* opponent,
MacMastcr, the well known Montreal I Mr II Blain, were subjected to a
K.C., as the best definition of Ihejgrcal deal of heckling b) the aml-
issur before the countrj thai has lence, Continued interruption ol
yet been made. He was talking to n both revealed the temper ol Hi.,
veteran   postmaster    in    Olcngiirr;   meeting    It   was    the Grand Trunk
unty who had been a liff-lon«    nnd   strike they     wanted   to hcai about,
enthusiastic Conservative: "1 sn|>
pose you arc going to vote f"i re
clproclty?" he asked.
"Well, I'll tell you, Mi MacMas-
tn," replied the old innn. "Mi
brother lias been accusing me of turn-
but  Messrs    King and lilaiu    sunk
mainly to the reciprocity issue.
James Murdoek, one ol the leaders
,,f tin- famous sttike, followed with a
history ol the settlement ,-1 tlio
in:, mj cent, Iiiii I say t, taint, conflict, giving ,n*ln to Lhe minister
'Whal ,:,, iv,- sii|i|ion—a part] policj ol militia and lhe minlstei ,,f lall>r
or a party namr* When vou and I |0r getting terms lar beyond what
voted   shoulder lo shoulder tor    Si,   ,|u, s,n,(, |ntdt.„ „„„,,, ,,,,„.    ,„„,
lohn A   Macdonald in 1891 what did
wc vote for'    It was i,,t reciproc ly
mnl   I    iun     going     to     ■•,,■■■   foi
,,i,l,' t,, obtain.
King f.,r Koolenay.
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
ii "KING FOR KOOTENAY
»)
(PUBLIC MEETINGS
in llie interests of 1)1!. J. II   KlN'ti
will lie held lis follows :
;; CRANBKOOK. Sept. 9ih
,, Spcaki rs: Hr. .1. Fl. Kii •_- and Mr. M A. MaalonsM
;; HOSMKrt, Sept. Ilih. Evening
i, Speakers! Dr. .1. II King and .Mr. M. A. Maodonfdd
ii MICHEL Sept. 12th
Hpeakeni Hr. .1. il. King ami Mr. M. A Macdonald
' i COAI. CPEliK, Sept. 131*1, Afternoon
, I Spoakors: Dr .1. II. King nnd Mr. M. A. Macdonald
' FEW NIP, Sept. 1,1th, Evening
!!        Speakon: Dr. J H. King and Mr. M. A Macdonald
:: WARDNER, Sept. 14th
ii Mr. M. A Macdonald
;;  FORT STEELE, Sept. I lih
* Dr. J. H.King
"  MOVIE, Sept. ISlh
* Mr. M.A, Macdonald
: CRESTON, Sept. 16th
* Si.'iikors: Dr. .1 II. King .ind Mr. M. A. Macdonald
::  NELSON. Sept. ISlh
Spoakors: Dr. .1. IT. King ond Mr. M. A. Macdonald
! I CRANBROOK. Sept. Ilih
Hpeakors! Or. J. 11. King and Mr. M A. Macdonald
Opposition Speakers invited to attend any and
all Meetings
"GOD SAVE THE KING"
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦•i THIS   CBAiSKOOK   UiSBALD
He-aL-daLche
Is quickly cured by Fid PILLS. Tlio
[lcadabho disappears after one or
two doses. They tone up the
STOMACH and cure CONSTH'A-
T1IIN. At all dealers, 25 cents per
box, or The Fig Pill Co., St. Thorn-
! us, Ont.
Sold anil recommended by Tho
Cranbrook Drug niul Book Co., Ltd.
Druggists.
UK'S fiOINfi Tf) TAKE HIS TURN
Canadian Parmer—1 havo not along with the door elosial against mo   for years  hecntiso I linvc bad li
Imi now tlml    I have a Ley I am sure going lo use   il.
lit VVKOOOK II Kit AM)
>i*.   .ne lleialil   Publishing Company,
i<. .1. Deane, Managing Editor.
CBANBBUOK, B. C, Sept. 1.1911
EDITORIAL NOTES
Every elector in and around ('ran
brook should turn oui fur Satiirda*.
night's public meet int; in tliu Audi
loiium. Dr. J, 11. King, the Llt>
i-ral candidate, will he tlie principal
Speaker, and he will he assisted by
Mr. M. A. Macdonald. Reciprocity
will form the chief topic of discus
sion and it will In* threshed out fully
and fairly. In this campaign party
lines are culling very Utile figure.
Electors generally recognize that up
ou the 21st of September they wilt
Ih- called upon lo decide one of tin*
mosl momentous issues ever presented in the Canadian electorate, uml
the great majority of electors,
rightly, wish to vote infitligcutly on
Ihis issue. H..Hi Dr. King und Mi.
Macdonald will discuss the reciprocity issue from a plain, hnsii.t sslike
point of view. They will be prepared to answer questions frankly and
freely. Their sole aim throughout
this campaign has been to enlighten
lhe elector and to show clearly autl
decisively why every loyal Canadian
should rally to tbe support of Sir
Wilfrid Laurier in securing tbe adoption of iins trade pact with the
United Slates. Let Diary electa
put in an appearance at .Saturday
night's meeting.
A reply has It-ecu received frt-m
Mr. A. S. Ooodeve's campaign secretary. Intimating thai he is not
prepared to accept Dr. Kind's Invitation to a joint meeting at Pernio,
but offering ti accord either the
doctor or Mr. M. A. Macdonald half
an hour in which to sjienk at his
mectlng, Dr. King's otter was lor
equal time for all speakers, Mi
(loodeve and himself, half an bout
each. Premier MoBrldo and Mr. M.
A. Macdonald, an hour each This
imitation was extended iu ample
time, for it is now a well known
fact that since iis Issuance Mr.
Qoodove has seen lit to change the
dale of his Fernie mooting from the
11th to the lllth Inst. The inference is obvious. Mr. (loodcve und
Premier McBrWe would rather nol
discuss the reciprocity issue hi Un*
same platform with Dr. King and
Mr.   M   A. Macdonald.
Rossland Strong
For Reciprocity
As large and enthusiastic an audience as ever assembled in this city-
crowded the Rossland Miners' hull
last Mi ii'lav night and cheered the
various points of the speakers lu
reciprocity. The hall has a seating
capacity of five hundred ur.d every
seat was occupied, nnd at least one
hundred men stood at the rear and
in the aisles. Dr. King, tbe Liberal candidate, delivered a vigorous
address, going over the various industries iu the province, fruit grow-
in.', mining, lumbering and the in-
tei.'.th of    the    greal    consuming
masses, showing the benefits to
follow. lie quoted Mr. Northrup,
one of Mr. Borden's lieutenants, as
favorable to reciprocity before llu
agreement was announced ami also
Dr. t'his-bolm, Conservative member
for   Kast Huron.
F. T. Congdon, M.P. for the Yukon, followed in a telling argument
j favor of the pact, which hei 1
the closest attention of the large
audience, discussing it from an economic national standpoint. Hi- referred to Mr. Qoodeve'a claim lo
have urged in the house the adoption of un eight hour law ou govcrnmeni works, showing that Mr
Goodcvo and the Conservative part;,
while pretending to favor it were
really talking the bill out so thai
it could not be passed. He create!
amusement by stating that as a
member at Ottawa he never knew
Mr. (ioodevc was such an important
Conservative member until be heard
his own account of his actions there
in   Kootenay.
M. A. Macdonald. of Cranhrook,
was tbe last speaker and delivered a
telling arraignment of the weal ness
of Mr. Ooodeve's contentions. He
pointed out thut Mr. (ioodevc is
gradually backing away from the
agreement and Instead is discussing
minor matters not in issue in this
campaign. Should nol Mr. (ioodevc
dispose of his stock of political pea
nuts and discuss reciprocity, asked
the speaker, and the audience cheer*
cd.
All the signs point to a majority
for King in Mr. Ooodeve's home
town. Tuesday morning at eleven
o'clock Dr. King and Mr. Macdonul I
addressed about eighty miners who
were on    shift   during the provioua
pears,   plums and apples as well   a-
sniall   fruit, all did well.
Nelson Swings Into Line
QUEEN   CITY   OF    KOOTENAYS
WILL ASSIST IN" SECURING   MAJORITY FOR
DR. KING,
Nelson, B.C., Sept. 7.—What was
conceded to he the largest and
'most enthusiastic meeting ol lhe
; present campaign was held here lasi
I night in the interests af Dr. King,
the Liberal candidate for Kootena*,
1Dr. King opened the meeting nnd
.spoke for three-quarters of an hour,
confining himself to the reciprocity
issue, answering, however, to th I
satisfaction of the large audience,
some questions asked by the Daily
News, lie showed that all Indus-
(tries in the province affected by tbe
j pact would receive a great impel in
from   its adoption.
j Mr. Maxwell Smith, editor of the
, Fruit (Jrowers' Maga/ine, followed
.with a very able speech, largely devoted to the fruit-growing indus-
I tries, showing the lienelit which
i would come to that industry fiom
the opening up ot the American
market, the best market in the
world for the best fruit in th
.wotlit, which is grown in B.C, This
plain exposition of the hencflts of
[the agreemenl from u fruit grower's
|standpoint wus received wilh ureal
■ enthusiasm,
j   Mr.   Macdonald,    the last speaker.
.took   up the various arguments    ail
vanced  by    Mr. Goodeve in pointing
night's meeting.
Kaslo Fruitgrower's View
CHAS.    HANKS    ENTHUSIASTICALLY SUPPORTS RECIPROCITY.
t'lias. Hanks, a prominent fruil
grower, of Kaslo, B.C., was in
l.»'thi)iid|*c on Thursday. Speaking
lo the Herald, id Unit city, the con-
versutioii naturally drifted to reciprocity. Mr. Hanks Bays it is a mis
take to think that the Hiiti-h Columbia fruit growers arc opposed tn
reciprocity, He is strongly in tuvoi
of it and so is every fruit-grower he
knows. Tliey want it in order to
get their household ruquifcments
iheapet from acrou the line, such
produce as butter, ckb*:, early vegetable**- etc., and thus save the heavy
charges that come from a long
freight haul.
As to the fruit market, Mr. Banks
says tbe B.C. growers can raise better fruit, just as cheap or cheaper,
than the Washington and Oregon
men ean. Their lands do r.ot require so large an investment as do
the lands across the line. "Wc can
raise fruit cheaper than the United
Stales growers ean bring it over.
It will be no trick at all tn meet
tbc United States prices and then
make money."
Mr. Hnnka says that the commission  fruit    men arc against nvipro-
ity, but there is no reason why
Ihey should be, as they will ltd able
In make a good rate of profit handing fruit nt prices that will prevail
after   reciprocity is adapted
The crop In B.C. thin year, Mr
Hanks   nays, is good      The oberiies,
ml   that be    devotes about one-half
[of his time to discussing irrelevant
matters   not in   issue in Ihis    earn-
ipalgn, and that even nn these Ire
levant matters he was endeavoring
to mislead the electors. He Impel
that Mr. QoodOVo would avail hlm
self of tbe opportunity offered to
get in the joint discussion in Fernie  on Tuesday next.     He look   up
1 tin* different phases of iln* reciprocity pad, quoting Premier MoBrldo
effect ivily, to show Ihat in Fcbru
acy lust he staled that in bis opinion the enactment of reciprocity
would not tend lo tbe loss of self
governmenl of Canada, while today
he is taking Up the ware cry of
annexation Mr. Macdonald     also
'quoted Mr Borden in ful as expressing   similar -flews tliami-tric.ill-
Iopposed to his present attitude. Tho
annexation   cry     is   being   ridiculed
gradually out of the discussion in
Kootenay.      Nelson will give Dr.
King a majority on the 21st of
September.
TENNIS
FORMATION     (IK   LAWN TENNIS
ASMiSIATlON IN THE
KOOTENAYS,
This association was formed at
Nelson ou the 1th Inst, by represent,it".v-, fi  all the clubs in Kast
and Wesl Koolenay, and it was decided to hold an annual tournament,
inent, Including open events ami
handicaps for both ladles and gentlemen, so ihal everyhoily can have
tht* chance of winning a prize, and,:
al   lho     same    lime,     have   a good
time.
The executive of the association
was foime'il by foremost representatives from each club, who were
pledged tn do Iheir utmost lo (osier
interest in the name, and when it is
known thai Mr, Beale is representative of the Cranhrook I,awn Tennis
club, wo may bo assured that the
interest   here will he maintained.
At present the executive consists
of: Messrs. DcwdflO)*, Blaylock, Her-
chmer, Pincol-t and Beale, with
Plncott as si-creiury. All these
gentlemen lave had a great deal of
experience it. ihe tennis world and
are oil first class players themselves, so Ihat the association
should diinli to a position of prominence, and as the annual tournaments will be held at Nelson, Ross
land, Cranhrook nnd Fernie, in succession, it is hoped to draw everybody who is interested in tennis to
these towns during the whole of the
tournaments, and besides probably
draw players from outside points,
such as Spokane, Tacoma and the
coast cities, as the various boards
of trade have signified their intention of assisting the clubs to give
cups and prizes that will he wel
worth whining.
Mr. and Mrs. Beale and Messrs
Garrett and Walltnger made the trip
to Rossland in order to take pari
in the tournament, and to assist in
the formation of the association,
but the only member of the quartette who visited Rossland and
was aide to carry off a prize was
Mrs. Beale, who won the ladies
doubles with her partner, and made
a very hold hid for the ladies
singles, and might with very little
luck have won. As it was the
game ran for three sets, the last
being  8—7 againsl her.
Tin* weather was wet and blustery
and Interfcrrcd greatly with the
floss of play that one lias a rtghl
to expect in a representative gathering, hm (here is nothing but
praise for the hospitality of Rossland, the Cranhrook contingent being
parliiuhuly pleased with the kind
ness   received.
 »_.-
"King for Koolenay."
"I feci that the farmers are almost solidly for reciprocity in Ontario," said Mr. E. C. Drury, president of the Ontario Fanners' association, who wns in Toronto the other
day. "Through the country men
of all pai lies are supporting reciprocity, I have attended eight or ten
meetings since .lime for the discussion ol this subject. A' every one
of these meetings, so far ns l know,
n Conservative took the chair, to
show tbat there was no party
politics lu it. Farmers rfre throw*
ing party politics to the winds and
voting as citi/ens."
"King for Kootenay."
KNOX PRESBYTERIAN CHURCH,
Sept. 10th,
Morning service at 11 o'llock.
Subject: Exercises.
Sunday school and Bible class nt
3  p.m.
Evening service at 7.SO o'clock.
Subject! Lost and Found.
Guild meets every Tuesday at 8
p.m.
Choir practice Friday evening at
fl o'clock. A fu| attendance Is requested.
On   Wednesday, September 13th, at
8   p.m.   a   ur.lon    i fim- of       nil
interested in work for the young
nre Invited to hear Rev. .1. I, Williamson   at  tlie Methodist ihuich
0, O. Main. Mlnirder.
t
SEALED TENDERS addressed to
tlio undersigned, and endorsed "Tender for Wharf at Boswell, B.C.;"
will be received dntit •!.00 p.m., on
Monday, September 25, 1911, for the
construction of a Pile Hent Wharf at
Boswell, Division of Nelson, Kootenay District, B.C.
Plans, specification and form of
coi.lract can he seen and forms of
tender obtained at this Department
and at the offices of (I. A. Keefcr,
Esq., District Engineer, New Westminster, B.C., and on application lo
the Postmaster nt Victoria, DC,
Persons tendering are notified that
tenders will not he considered unless
made on the printed forms supplied,
and signed with their actual Bigna-
tures, stating their occupations nnd
places of resilience. In the case of
firms, the actual signature, the nature id the occupation, and place   of
csidenco of each member of the dim
must   hi; given.
Each tender musl he accompanied
by an accepted cheque on a clmpter-
d bank, payable to the order of the
Honorable the Minister of Public
Works, equal to ten per cent (lu
p.c.) of Ihe nmounl of lender, which
will bo forfeited if tho person tendering decline lo enter into a con-
trad when called upon to do sn, or
fail to complete tho contract. If
the tender be not accepted tho cheque   will he returned.
The Department does not bind itself to accept the lowest or any lender.
By order,
R, c. Dcsrochcrs,
Secretary.
Department of Public Works,
Ottawa, August 2K, mil.
Newspapers will not be paid for
this advertisement if they insert it
without authority from the Department. 32-1
"I havo a    world of confidence in
Chamberlain's Cough Remedy for    I
have used D    with perfctl siinvss,"
wiites Mis. M.   I, Baiford, Pooles-
vllle,     Md. For sale by all     ilenl-
ers. IMI
MEN
ONLY
If ...il r.-lli** tn
i..'l,'.riiMi'tii.tii.
PS put I III lie
.ll..,I     II   ml., r-
||M.*;,.|. I.Mm. I
llir tn ,i| i' *hti
I I.I." I Until,.! | nu • nr.
yon I «||| n.it in
e.|ii vair mih*.
■n.tl 111 ********** ili-
BtM*****- I lrr-.it In
mj i>«it oriiiliinl
ml villi'-**.I ii ii'l
set•*.stifle t	
i in i.i-
NY FEES ARC FAIH, AND NY
CVKKS ARC PERMANENT      |
SpcrmilorrliMi. 'trunk WrskncM.
lost Vlfor, VifkiKclt. Mrix-le. Cos*
trade*} Iii**order*.. Specific Hlrwd PsImh.
Piles an-I   Slrklsres— restoring   nil
Hffectf<!nr|*nio> tiii.iiiii.il an. I 1mm I th*.
notion in the r-liorter-l pOSfflbtl fpntc
of time.
VISIT
DR.  KELLEY'S
GREAT MUSEUM
t it- till t lie turiiin ot DlrMMSB ot UfR,
Cbnultnl ndln*-t**#rUn t vi.? o..,
it niii>fm hi in ni
.'io iiiiw\i:ii-riin:r
SPOKANE, WASH.
^*)*t*>-)-)«H*-)OM»n-)*)Hm
YOU KNOW    !l
|1 THEY'RE GOOD
'-^ before you start to cook the
chops you gut huie. Thu
blight, Leah color, ihe
nbsence of gristle, ihe firm
ton ttire, show yon they come
from choice Btock, Tiy a
few for lunch to-day or
hreiikfiiHt to-moirow. Conio
mnl select them if ymi enn.
if you cannot, eend uh word,
and we'll BCiul as good ns
any you could choose.
i! P. F3URNS &  CO., Ltd. !
fJKANHI.ODK ... li. c. 1
**********************************************
TENDERS
Tenders fur  Hi.'  Rufrrahtnonl
Itunili on llie Fair grounds will l,i-
received Iiy tho undersigned up to
niioii on Siilnnliiv. September9th.
P. DE VERE HUNT,
Secretary.
New Season's
WALL PAPERS
Just Arrived
Up-to-date  first - class
Paperhangers lo hang
Ihem.
B.   H.   SHORT
The Painter and Decorator
Armstrong Ave.
P. O. Hox 33 I'hone III
CRANBROOK  I.ASI) DISTRICT.
DISTRICT OF EAST KOOTENAY,
SOUTHERN DIVISION.
TAKE NOTICE Ihat William Miir-
iIih'Ii, <>! FlaKKtnni', II. I'., < o, ;i.itniu
Lumberman, inti-nits lo apply I, r permission to purchase (he l,,ll,,«iui:
iti-scribnl land.:
Cummcncing at a post plautnl on
the smith em] nf an isl.it.<l on thr
Kootenay lliver anil nn a line wilh
the smith hmmtlary Iin, nf l.nt 1127,
Hi,-ihi, running north nlnng shnre ta
point nf cnlitmehcmrlit.
William Murdoch.
Dated lllth August, lllll.       IMI
NOTICE.
NOTICE IS HEREBY OIVEN
thai the CANADIAN PACIFIC
RAILWAY COMPANY, as Icacm
and exercising ilu* Irancblss of thr
Kootenay Central Railway, did deposit in the NclsOfl Land Tlllra OlflCQ
nn lhe 22nd da) nl August, lllll, us
Nmnl.. i T.vi II., 1*ln,i I'm,lile anil
it,,, I. nf Retsrence ut thai portion ni
the Koolenay Central, Railway (mm
ll pnilit nn tin' Hull li 1 ,,|,,inl,l.i
SmillH-in Railway smith nf IVardlii'i
in Lni UM, Suiii.ni ii, la a polnl
nut III ol    Fill   Stialelnl.nl     11.1,
Koolenay Dlatrlet, Mu it, Mile H.fH
"ltc\ise,i location ll.l'.I.S."
ii.,i..i ui  wimiipiv. this 2Mh   daj
nl AUgOSt, A.II.  I»ll.
P. Mil'lursnii.
Ilight nf   Way    ami    Lease     Agent.
Western Lines.        10*11
wemxtaansiaSsaaammamwtB
!;! The Ad. That's Worth
A Dollar to You
nml n  >i
imiinto mny !
i';i mny Ih> in this issu
'.;', Hniircli of nni' min
H revcnl it lo ynn !
I Of cnursi' it mny li> tlml |
i then urn nils, printed In-diiy i)
| Iiml am world n ".nod iiiuny jj
H tltilliirs In ytiu. Itut it might ';
@ tn In-        " j
Euy To Find
!'.•„, ml.M„rlliUN|,;lll)|,l,AK ij
B   \a
Make the Search
[ji us  nn   i'S|aTiini'iit
iJlc*i|Hieh*lt,'liJaJliJIWcllr'lciKieirikJ|iJ|plen
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦«■♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦«♦♦♦♦♦♦
A Fair You Know and so You Go f
THE NINTH ANNUAL t
Nelson Fruit Fair I
NELSON, B. C. X
September 26,27, 28, 11 j
$3,000 - III FREE ATTRACTIONS  -  $3,000 I
burnstad's wild west show
james e. hardy, the high wire king
dorothy de vonda, queen of the air
happy and his trick mule "dynamite"
marie Mcdonald, the Scottish dancer
inter-city band tournament,   rock drilling contest
log sawing and choppinc contests, tie makinc contests
Single Faro Untos on all Transportation Lines
The Biggest Fair Yet and Then Some. Don't Miss It
Don't
Miss
These
.1. li. anxaih.i:.
President
ll. HORSTEAD,
Secretary nnd Manager
P.O. ll„.x :W2. Nelson, H.C.
CHANBROOK LAM) DISTRICT.
DISTRICT OP   SOUTHERN   DIVISION, BAST KOOTENAY.
TAKE NOTICE that Arthur Pol
len, ol London, Kng., occufjatlon
Director, Intends to apply for permission to purchase the lollowlng
described lands:
Commencing at a post planted une
ile smith, and one mile cast ot the
S. E. corner ol Lot DiliO; thence sn
eliains east, thence 80 chains north.
thence so chains west; thence 80
chains south to the place of commencement.
J. Blake.
Dated July 7th, 1011. 22-IH
NOTICE.
IX THE MATTER OP AN APPLICATION   for the issue ol a duplicate  certificate of title   to Lot
11,   Illoek   95,    Cranhrook City,
Map 1161).
NOTICE   IS    HEREBY    OIVEN
that it is my intention to Issue     at
the expiration ol one mouth alter the
Iirsl publication hereol a duplicate ol
ihc certificate of title lo the    above
mentioned lol in the name ot William
A. Cyr, which certificate is dated ih,'
.'tiilh   January,   1911, and nunibctcd
llluiiA.
Sain'l R. Roc,
District Registrar.
Land Registry Office,
Nelson, B.C.,
.luly 21st, 1911. 25-5t
CRANBROOK LAND DISTRICT.
DISTIUCT OP   SOUTHERN   DIVISION, EAST KOOTENAY.
TAKE NOTICE Ihat Mary Pollen,
ol Lnndonl Kng-, occupation Spinster, intends to apply for permission
Iti purchase the lollowlng described
lands:
Commrncinc) nl a post planted Stl
Chains south and 210 chains cast of
lhe S. B. corner ol Lot 9970;
thence 80  chains east; thence    8u
chains south; theme 80 eliains wesl,
ilicncc so chains notlh |„ the place
ol t-omincmvincnt.
L. Illake
Dated -l.ilv 7rh, 1911. 22-01
AUDITORIUM
THEATRE
UNDER  NEW MANAGEMENT
COMPLETE CHANCE OF
PROGRAMME
MONDAY, WEDNESDAY
AND FRIDAY
SPECIAL MATINEE SATURDAY.
CHILDREN 5C.
ADMISSION: 10 CENTS.
GUERARD  &  OERIEMER
MANAGERS.
SYNOPSIS OF CANADIAN HOMESTEAD REGULATIONS.
Anv nvnital.li? Dominion LaQ'ls
within the Hallway Belt in Dritish
Columbia, may be homcstcatled by
any pursou who is the sole hi'ail of a
family, or any male over 18 yuirs uf
age, to the extent nf one-miarter
section of 1C0 acres, more or less.
Entry must be made personally at
the local laml olliee for flic district
in which the laml is situate. Kulry
by proxy may, however, be made on
certain conditions by the father,
mother, son, daughter, brother ur
sister of an intending liouicstt-ader.
Tbe homesteader is required to per-
for, tbc conditions connected therewith under one of tliu following
plans:
(1). At least six months' residence
upon and cultivation of the land in
each year for three years.
(l!). If the rather (or mother, II
the father is deceased), of the
homesteader resides upon a farm in
the vicinity of the land entered for,
the requirements as to residence may
be satisfied by such person i.-siding
with the father or mother.
(3). If the settler has his permanent residence upon farming land owned by him in the vicinity of his
homestead, the requirements as to
resi.luice may be satisfied by residence upon the said land.
Six months' notice in writing
should be given to the Commissioner of Dominion Lands at Ottawa of
intention to apply for patent.
COAL.—Coal mining rights mny ho
leased for a period of twenty-one
years at an annual rental of tl per
acre. Not more than 2,57(1 acres
shall be leased to one Individual or
company. A royalty nt the rate of
five cents per ton shall be collected
on the merchantable coal mined.
W. W. CORY,
Deputy nf the Minister of the Interior. 2!t-2«t
Dated Man-h 15th, mil. I life
CRANDROOK LAND DISTRICT.
DISTRICT OK   SOUTHERN   DIVISION, KAST KOOTENAY,
TAKE NOTICE that Waller Pol
int, il London, Eng., occupation
Agonti niii'iids  to apply im permit
sion to piiri'luiK'! the following    <l. .
crlbcd lauds:
(''•nimciiciiig al a poll planted sn
CtialQI south and IliO Hi.iins ooil of
the s.K. corner of Lol 0070* thenon
mi ilium*, si nib; thence 80 chains
east; thence su chains north, thence
till chains west to the place if com
mciifcmriit-
.1. Make.
UaUil July 7th, 1011. 22 H
CRANDROOK LAM) DISTIUCT.
DISTRICT OK   SOUTHERN   DIVISION, KAST KOOTENAY,
TAKE NOTICK that .lohn Pollen,
of London. Eng-, occupation A.uenl,
intends to apply (or permission to
purchase the following described
lands:
Commencing at a post planted nt
the S.E. corner ot Lot fl!)70; thenco
K0 chains south; thence 80 eliains
east; thence 60 chains north; thence
80 chains west; to the place of commencement.
.1. Dlake.
Dated July 0th, IIU. U-lt THE   CBANBHOOK    HE11ALJJ
********************************************
Soap Soap j
Soap
The Best Bargains in Soap *
in the Kootenays t
Pure Castile, Olive Oil f
and Cucumber Soaps |
25c for 6 cakes at ♦
The Beattie-Murphy Co.,
The Rexall Store
LIMITED
WHERE   IT   PAYS   TO   DEAL X
********************************************
is iii town,  Leave, orders at tills office 32-H*
If you want 11 cup of cuffuc tlml
makes thu world lunk brighter all
da)-, try "llrnwn Berries," for sulr
Iiy  Little anil Atchison.
Good Masun A- lliscli Piiino to
rout from Sept. 11.—Apply Hox 8,
Herald office, tl*
O.O.S, Lindsay, formerly.prcslilcnl
ol llle Crows Nest Pass Cnal com-
|niny, pussed tlil'ntiKli town yesterday
nn   Ills way east.
See our bis window for some
thing good and reliable in Washing Machines,   Patmore Bros.
I   Tlie   ReUccoa lodge will give      a
| dance in    Masonic   hall    September
15th. 31-11
Cut Glass
There in  nothing  moro np.
propriuie or appreciate*.! than
u gifuof cut glass. Kspeeiull*/
la lliis true of oms. Kvi-ry
pteeola richly cm from puro
eye tal iu moft artlsrlo patterns, the tlenth of the cutting
ami tho excellence of ihe flnhili
gives a  remarkably brilliant
effect.
W.H.Wilson
* JEWELER   AND a
\ OPTICIAN A
I Peter Sacco lias snlil his interest
in tlu' general merchar.di8e business
nf Provenzano Bros, and Sacco in
tho ProvenM.no Urns., wlm will
continue Un* business.
I Canadian imeknl sardines, 1 fm- 2Si
at   E.K.P.&P. House.
I Contractor D. .1, Johnson is ruga***
ed jusl ai presenl Ir. erecting a
brick  garage Inr D. V. Molt, nn i.i.
' Durick avenue property.
I From now to the end ol the
season we are having a clearance
' sale in Buggies. Democrats and
D.livery Rigs. Cranbrook Trading Company, L'd. Hum
I The Edison orchestra can supply
ynn will; th,' la-sl musi,- lor ilamvs
ami s,H"i:il (unctions Latest music.
Piano, violin, cornel and drums. \p-
plv  Edison theatre. '- tl
Born—To   Mr. ami   Mrs     II     It 	
McChire mi  vugust 37th, a daughter  i   WANTED.—Sewing hy On- day. Ap-
E. ii. Windsor, eiperl piano tuner, lp|. p.o   Bos JH. :u-.lt-
••••••••••••to••••••••••••••••
•••••••••••••••••••••••••••a**
• • ••
LUCAL NOTES
Fancy cooking ami   eating apples
ai   I.ii llr ami Atchison's.
Born—To ihr wile nt Mr. Duncan
I lanes, nf this city, a daughter, Sa-
iiitila,. September 8rd.
1   Winter Seed Wheat in Stock
Cranbrook Trading Co.
SO :;t
Farms for Sale
at
Owners Prices
F. A. Russell
Armstrtuif. Avenue
Cranbrook
B.C.
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
••
ALARM
QLOCKS
AW. VOU AWAKE?
IP NOT, THY ONB Op OUR
ALARM CLOCKS
They give every satisfaction and
un* guaranteed.
PRICE $1.50
RAWORTH BROS.
0. I'. II. Wutch Inspector.
,\i;„,„l  l|..,.-.- I., I.W1T0 J ■ ttiM.I,
U I,,■1,11,1, i,l 11.1,.i,,
II   urn waul  nnytlllng anil  want il
i   once, phono 75, l.iuli- ami Alchl-
II. Iv BlrlOh has opened up a
mil estate ofllco in thi' Hotel Cranbrook, occupying the room formerly
used as a committee room. Mr.
Hlrlcli will handle his own property
exclusively.
Stoves 1 Stoves! We carry
the largest stock in liast
Kootenay. Therefore we are
in a position to give you any
kind at Eastern prices.-East
Kootenay Produce and Provision House.
Friends awl supporters nf Dr. .1.
II. King will accord him a welcome
homo upon lhe arrival nl the east
bound train tomorrow afternoon.
Tlio hand will he in attendance.
Gather  nt  the station at B.80 p.m.
swill's breakfast bacon, only 35c
pet   Ih. at E.K.I'.&P. House-.
No. 1 New Timothy, $26, *J28,
$29 a ton. Cranbrook Trading
Co., Ltd. 30-31
The Rebecca tedgo will give a
dance in Masonic ball September
15th. 81-11
Remember tin' big mass meeting
tomorrow (Saturday) evening in the
Auditorium, I"'- King and M. A.
Macdonald will be the principal
speakers anil there will In- dill ni.,1
lair discussion ol the reciprocity
pact.
Washers and Wringris at Patmore Bros.
Constable Walsh. ,,f Fnr! Steele,
camp over yesterday in etTecl th,'
arrest >,f two men, wanted at Wln-
nermere nn   a charge nf   thelt. His  ^^
****************************************
HIGH = CLASS FOOTWEAR
t,f(:    -*>   ■ >-7
For Ladies, Girls, Misses and Children. Styles, shapes and widths
to fit any foot or fancy. Every shoe a leader in its set—shoes with
character.
The great feature of our shoes is that you get the  newest style
j5gB3*2     effects combined wiih comfort and service.    Here are a few of our
j;>;     ••£."* '   mm^" "*  most popular styles:—
k Tan Calf Button*£$•£Z;..ttvnu,p:...A.vury l,ru5By,'x>0,•    $5.00
Tan Calf Blucher, ^A ro""11 .'""!'"'" ".I!.11.!1!"1 ."""''' A    $5.00
Black Button Suede g^EiSS
with abort vauip, tba newest thing in    <>c *»a
footwear      t4)tj.oU
Black Velour Blucher ^!"";„!i;.;,lt
tip, welt solo.
  $3.75
Spec inl Viilnt*
Black Dongola Blucher JJ [:,;N   f
1''   $5.00  t
linn beel nml plain tee without caj
A very distinctive design
i
Black Dongola Blucherv.',r11;;1l^'   i
imi suln.   Vfe recotnuteiul this model    ».nn     J
to anyone Buffering frum f,,ui troubles
$5.00
Rlnrl/ Kid Pumn witl' a"**'8 strill' "ni1 fil1'"' beaded loo, modified French beel.   An
UlUtl*. I\IU ruilljl oxtrBmeiy jujnty slloe| suitable for aftei
ornoon ami even-
$4.00
RlirL- VpIvpI1 Pumn IPeoiolly conatruoted tn provenl slipping ou the heel.   Modified
Didtt*. */uvei rump i,-,.,,,,,.,, ht,el   0|10 of l)l0S0llBO11,80SC|H8iveulode)s
This will uleiisu you   ^4.**U
MAIL ORDERS SHIPPED SAME DAY AS RECEIVED
McCREERY BROS.
X Cranbrook's Dry Goods and Clot li in;; Stores
************************************************
insirnetimis from Constable Tenant.
,,| Windermere, were decidedly vague,
however, be succeeded, with the assistance nf Chief Cory TVnw, in In-
catlng hi* men, Charles Stedet ami
Constanl Cordette, who will In' taken  in ivindermerc at once.
MAClllSK'tY KIIH   SAI.K -
Kin- high snide fresh confectionery
go  In I,ilih- anil Atchison's.
Extra strong; Tubs and Boilers.
See our window.   Patrr.orc Bros.
'I'll REST.—Furnished cottage nn
I'ranltrook St. mi October 1st, 125.
Apply I.. I'. Sullivan, this office,
Several changes in Hr. King's seli-
1'ilnle nl public meetings have been
necessitated Iiy ono reasnn ami
another. The failure nl Mr. A. s.
Goodeve tu accept the invitation lo
iln- joint meeting nt Fernie fnr tlio
veniiifi nl lhe eleventh has necessl-
change   nf plans along       tlu*
Crows Nest line. Dr. King and Mr.
M. A. Mai'dnnald will now s--eak al
llnsnier on the evening ul the 11th,
leaving lieu- on Monday morning by
auto, hy vvny nf Waldo and Klko,
al both "I wiiii'b places afternoon
meetings will be held- On tln-
eveslng ol the 12th Dr. King and
Mr. Maciunalil wil speak at Michel,
Consisting "f - boilers. 2 engines .mil they will he at Coal Creek on
anil snwmlll machinery nnd planer, Wednesday afternoon and in Fernie
Will sell i-li.-an (or (inlck sale - ihat evening. On .Thursday, the
The* W, Densk,Oranbrook, B.O, mu, Mr. M. a. Macdonald will  ad-
-*a ,(  dress a   public    inc'lilig at Wanlner
. ,,-                      . in   ,    „   'and   I". King will speak    at    Fort
The pickling   seam    will   be on ^      ,       .,.,„. (laU.s
,,,,   week     I e   ns have you     or- „, „„. (.a,„.
detl   tnr khyii    titinatitt s anil CUCUtirr
ben —Little ami Atchison.
COUNTY COURT
liar! vs. Fenwick ami Pownall, appeal against judgment of Fori
Slit-It* jusl ires iu illicit liquor s>\-
liiij; cast*. Appeal BUtftalned on a
technicality, Parker vs. Oldland,
suit fur $353.70, judgment lor
plaintilT. Ityan vs. Santo, siiili.l
nut   ot court.
Diarrhoea is always more or less
prevalent during September. Ik* prepared for it. Chamberlain's Colic,
Cholera ami Diarrhoea Remedy is
prompt ami effectual. It can always he depended upon and is pleasant to take. For sale by all dealers. 31-tf
Kootenay Telephone Lines, Limited
SUBSCRIBERS ADDED
Speller, II. C  Residence
llill. llert   Itesidenee
Tito, V  store
Pollokowsky, C  Residence
Voting, Allan     Reslder.ce
dark,-, RoM  Residence
I'ranbrnok Agricultural Assn Fair Grounds
SUBSCRIBERS CANCELLED.
303   Thompson, R   E  Residence
Supt. Office K.T.I..
Troubles  K.T.L.
58
363
301
">n
11"
126
110
palgn   remain as at presenl, but sub-
\ jeet  to alteration.
Chance your tactics on wash
day. Get one nl our easy running
Washers and be happy. Patmore
Hros.
This week we have a special
price on F'y'sChocolates,Mooncy's
and Carr's Biscuits. East Kootenay Produce and Provision House.
Our Harness i
a Monument s
it the maker**. It in a perfect
Combination ut uoimI leather
ami    akiHed    work ma ns hi p.
Treat Your Horse
to a Set
o( nur hrtrm-M. I'nti't think
he will not appreciate it, A
Itoine kiniw*. when he in well
luiriii'ft-nl mid pliowl it. Slip
in imlnv ami select n net. You
will llnii the ttri« la low a*
thei|tialltv In liik'h*
The Cranbrook Trading Co.
n.ANIII'ooK.
B.C.
WANTED.—Furnished house oi
rooms. Apply Mrs. Davidson, Canadian hotel.
sa-iv
Re?, .1. I Williamsiiii, travelling
i riit.iu nf the International Sunday
School committee tor B.C., will bo
in town nn Wetlnesilay, September
l.'lth, ami will nildress a unlw. imrl-
lityj in tin* Meihoiiist church nt s
o'clock   in the   exenlnt;.     Mr.     Wil-
and  *;'r,'-t;   c'"1 ,,('    u      f"r sa,'|Hl'.li°rsi'
ami   driver.        Apply   F.   G odder If*,
POn SAI.K-A small horse,   dark
liitmsiiu  is a  strong speaker,
Will   bring a    message   from the in-
pi tint; Siit.day schcol cnnventinii
In 1,1 in Su Franrifico in June, to
all wlm are inlerested in work for
ilu*   jroung,       An nfleriiij* will       he
taken
Cranbrook. two nrtlca ea**t.
M-W
The Rebecca lc*8|l will give a
dance in MatonlQ hall Septemlier
15th. 31-tf
lllllllllllinilliiil
EMPIRE
Stoves and Ranges
EAST KOOTENAY PRODUCE
AND PROVISION HOUSE
:
HOUSE BOAT
Uiftinrin  |
ISABEL"
IAKE WmilESMERE
I
 *■—' ♦
*
♦    Tlio  " Isiilu-1"   hns   1 u ♦
put in commission nnd is tied Z
up nt Allmlmer. ♦
Convenient for passengers J
coming either by boat or auto- ♦
,, mobile. ♦
Motor boats, canoes or rit's *J
arrangetl tor on board. ♦
f UPPER   COLUMBIA   TRANSPORTATION COMPANY
— THIS WEEK'S SPECIAL OFFEBIHCS BY
BEALE    &   ELWELL
BAKER STREET
CRANBROOK, B, O.
ARMSTRONG:,  President *    ^
***********
5-R00MED ONE ANO A HALF STORY DWELLING,
water, wirv,! for electric li|<lit. fenced, eel.
,ilr PRICE $900.00
3-R00MED OWELLINC ON WARDMAN ADDITION,
-l *■ ";- siz" "f l"t 50 «I-"'■ .    .. ONLY S500.00
5 ACRES, 8 acres cleared uml ploughed, '.roomed
bouse, linn honse, log barn, stubl,-. :,0 apple
tries 11 years old), 200cnrrantbusbes, gr>-,il
well, irrigation canal. Easy terms ean be
"rn"1*-"'1     ONLYS900.00
**********************
F. M. HACPHHRSON
l'Mir.liTAKi:i:
Norbnry Ave., next to City Hull
Open Day and Nlghl
**************
:reciprocity:
4 I. ill* big topic.tut -In ii,.I *
„ lorgal iil,..nl   Hi.,   lim.,   nn-
" llluii.'V Inn i-tin Ml.. In   a, 1,1- V
«| Inn I, ll,„ i
* Nelson Iron Works*
« „„,., IIMIT"   I
t     Columbian     *
J Wood Split Pulleys*
**************
<   _*#"#"#"#"#"#"**»"#W"#"#*#*#*F"ff*l'*#"ff*#*l'
Change of Firm
I linvo disposeil of my in.
' terest in the firm of Proven-
/.iino Kros. A' Sacco to
Provenzano Hros., who will
continue tin- liiisini-ss and
collect all acconnts from this
date
PETER SACCO
-•-it* !'
;; Sept. 8th, mu.
Visit Our New
—Store—
and  Inspect  Our  Up-to-date Stock  ol
Everything in the Line of Electrical Supplies
Davis Bros. Electric Co.
Limned
ORANBROOK AXI) FERNIE, B. C.
Head Office:     Baker Street,      Cranbrook. B. C.
PhonolSl P.O. DrawerQ
******** **********************
, I Where to go for First Class Job Work ?
THE HERALD OFFICE. THE   CRANHROOK    HERALD
!V\ade=to=Measure
CLOTHING
$18.00
Per Suit
Great Variety of Cloth
Samples to  Choose
From.
Make, Style,  Fit and
Quality of Cloth Absolutely Guaranteed to
Our Customers.
rK»80J
No   money   required   with
order, nor until you receive
the Goods and are satisfied
in every particular.
WORTH LOOKING INTO
THINK IT OVER
CALL ON US TODAY
Cranbrook Co-Operative Stores, Ltd.
Judgment for School
Trustees
(Continued  from page one).
which tin* trustees hail as to the
manner in which the work was being carried un. Tin* requirements
of I hilt notice had not been com
plied wilh ll seems much like a
case where a municipal council gives
notice to a paity as to abolishing a
nuisance. Thut notice is not coin
lind with and tin* council go on
anil pass a bylaw and hy Virtue of
that abolish thi* nuisance, Surely unless there was some statutory prohibition, lhai act -could not Ih* held
I* Ih- Illegal. 1 can't ilustlngulsh
such  a     proceeding from what   has
111 I II     lililll*    licit'.
3. Is delay after September 15th
(ilu- time for completion of Uw
contract) ground for action by the
trui> tecs?
This objection is out' which has to
inr  seemed serious.
In order in deal wiih it it is necessary tu took carefully at tbe
eon trad ami at what rights tlif
trustees  Imvo thereunder.
Clause   S trails as follows:
"Should tin* contractors at any
i nm' refuse or neglect to supply a
sufficiency ot properly skill, d work
men, or of materials of tin* proper
quality, or fail in any respect to
prosecute the work with promptness
and diligence, or fait in the performance of any of llir agreements
herein contained, such refusal, m%-
leel or failure being eertilled by the
supcrUitender.t, the board shall tic nt
liberty (after siv days written notice io the contractors) to provide
any such labor or material and to
deduct tho cost thereof Irom any
moncj then due ir thereafter to become due (tu* contractors under this
contract; and if the superintendent,
with sufficient justification, shall
certify thai such refusal, neglect or
failuie is sufficient ground fur such
action, Die board shall also in* at
liberty to terminate tin* employment
ol Lho cniiirai tors for the sunt work
nml to enter the premises and lake
possession for the purpose of com*
llctlftg the works comprehended under this contract, of all materials,
tools and appliances thereon, ami
lo employ any otlier person or persons io finish tht' work and to
ptovide the materials therefor; ami
in case of such discontinuance of
the employment of the contractors
ihey shall not in- entitled to receive
ai.y further payment under this contract until the works shall !«■ wholly Jini lu-*] unless the board is unreasonably dilatory in completing
said works, at which time, il unpaid
balance of the amount to he paid
under this contract shall exceed tbe
expense Incurred by the hoard in finishing the works, such excess shall
he paid hy the board to the contractors, but if such expense shall
exceed such unpaid balance, the
contractors shall pay the difference
to  the hoard.      The expense Incur
red by the hoard as herein pro-
rided, either lot furnish int*; materials
or for finishing the works ami any
damage Incurred OiruiiKh such default, shall In- audited and certified
hy the superintendent, hut apnea
from his decision may tie made to
arbitration  as herein provided."
Then a reference to clause li shows
how damages are fixed [or failure to
complete the work in time. Time is
not the essence of the contract iu
that clause or in any part ut the
contract. In fact the clause absolutely prohibits any such fact. The
omission of that from the contract
was clearly not an oversight iu view
of the draftsman's insertion < f
clause fi.
Now Walker v. London and Nortii
Western Halway Co. 15 L.J. C.I*.
'.'NT is cited as a case on all fours
with tlio present. I therefore will
review that case in regard to its
bearing  (>n tlie present one.
In the agreement in that case it
was prohibited:
"That if the said contractors,
their executors or administrators,
shall not complete the saitl works
within the period limited for that
purpose, or if they shall become
bankrupt, or if from any cause
whatever (not arising from any act
or acts done or omitted to he done
by the said company contrary to
the true Intent and meaning ot these
presents), they shall Ir prevented
from, or delayed in proceeding with
the completion of the said works
according to tlie said specification,
it shal be lawful for the said company, without any previous notice
lieing given to the said contractors,
their executors, or administrators,
their successors to take the said
works entirely, ot In part, out of
their or his hands, or to employ
any other contractor oi contractors,
wt rkmau or workmen, either by
contract or measure and value, or
otherwise, to proceed wiih lhe said
works and complete the same, and
such case the said contractors,
their executors or administrators,
shall only be entitled to receive
such sums as shall have actually
rued due at the lime ol tbe
WOrkfl being taken nut of their
hands, as aforesaid, and all expenses
incurred hy so doing shall be deducted nnd retained from the money
due to the original contractor or
shell Ik* recoveralle as liquidated
damages hy action nt law or otherwise. And it is hereby lastly declared and an reed that this agreement
shall he taken and construed to he,
not to prejudice, but to lie In confirmation anil enlargement of, and in
addition to and extension ol the
said specification and the stipulations and provisions therein contained.
''Progress and mair.tonance of works:
Should the engineer lie at nny time
dissatisfied with the nature, or mode
of proceeding with, or at the rale of
progress or maintenance of the
works, or any part thereof, he
shall have full power to procure ami
make use of all labor ami materials
from the moneys Hint may Ih* then
due   or tlmt may become due nt   lhe
contractors. But it is hereby expressly deitnred that the possession
of Ihis power by thr engineer shall
not in any degree rallevo tho con
tractors from their obligation lo
proceed in tlie execution of, nnd to
complete the works with the requisite expedition, or to maintain them
as hereinafter mentioned." And thru
follows the clause which is iu
question: "Should the contractors
fall to proceed in the executiin of
the works in live manner, ami at
the rate ol progress required by the
engineer, or to maintain the said
works as hereinafter mentioned, to
the satisfaction of tho engineer,
their contract shall, at the option
of the company, hut nut otltcrwlse,
be considered void as far as relates
to the works, or maintenance, remaining (o he done, autl ill sums o[
money that mar he due to (In* eon-
tractors, together with all materials
ami implements Ir, their possession,
and all sums named as penalties foi
the nun fulfilment of tho* contract,
shall he forfeited Hi the company,
and the amount shall be considered
as ascertained damages for breach ot
contract..'
In delivering the judgment of Uie
Court thereon Archibald .1. states:—
"The question which arises upon
this notice is whether upou the fads
anil under the circumstances stated
the notice was valid ami sufficient lo
avoid tin* contract so far as relates
to the works or maintenance remaining to he done, and to cause lo he
forfeited to the defendants a!| sums
of money due to tho plaintiffs, together with all materials and implements in their possession, anil till
sums of money named as penalties
for the non-ftrluTmcnt of tin* contract,
or whether tlie notice was valid and
effectual for any, and il so which of
such purposes.
There is only one clause in the Cl u
laet whicli confers any right to avoid
it and forfeit the money due to the
contractors, with the materials and
implements and the sums named as
penalties for non-fulfilment of the
contact, and the question is whether
ihe defendants were entitled at the
t.ate ol the notice to avail themselves of that clause. A good deal of
argument was cx|*endcd on the question whether or not the engineer was
within the meaning) of lho clause dis-'
latisfieil with tlie rate of progress or
the maimer iu which the contractors
were proceeding, whether then* must
or not Im* a requisition iu writing or
notice of dissatisfaction before proceeding to enforce it; hut iu Ihr
opinion at which we have arrived ii
is unnecessary to consider or decide
these points.
The object of the clause appears to
us to he that the engineer may have
lhe means of requiring the works to
he proceeded with iu such a manner
and at such a rate of progress as to
insure their completion at the time
stipulated.
If not completed within the time
limited there is another set of ilauses
applicable, both in the agreement and
in the specification which enables the
company to make use of all labour
and materials from the money then
due or to become due to the contractors and to take the works entirely or in part-out ol the contract-
tors' hands ami to employ any oilier
rkinen either by contract i r measure and value, or otherwise, to pro
:ecd with the works and complete
the same, the contractors in such
case only being entitled to receive
such sums as shall have actually ac.
rued due at the time of the work
being taken out of their hands, all
expenses incurred hy so doing being
deducted1 ai.d retained from the money due to the original contractors,
ir being recoverable as liquidated
iiimges, by action at law or otherwise.
The clause in our opinion can only
be acted upon and enforced within
time fixed for the com)lotion of tht*
works, for lime is clearly of the essence of the conlract, and it is only
with reference to the time so agreed
that the rate of progress can la* tie
tcrmiucd.
If, as has happened, the time has
hi-cu exceeded, there may he a new
coiii ract to complete in a reasonable
time, but to give the clause in question any application to a reasonable
time after the time originally fixed
has expired would li- without auv
express provision to make the com
pany judge in their own case of what
was a reasonable time, and to aiiahlc
them in iheir own favour lo avail
themselves of a most stringent and
penal clause.
The remaining clauses which arc
clearly applicable aftei the time of
completion has expired aro strlngenl
enough, assuming the company not to
have insisted on the strict performance of the contract,"
Now the penalty and forfeiture
douse therein wus to In* enforced "if
the contractors fail in the execuUon
of the works in tin* manner ami .it
the rate of progress required by the
engineer". The object as the judgment stales was to ensure completion
at the time stipulated. The clause
around which the action centred was
tlie penalty and forfeiture section.
Hie other clauses provided q machinery which the Courl thought sulli-
clent. Those other clauses
almqst the same
the present, fo that ease
there were two sets ot clauses both
applicable to the Condition that maintained. Here tbere is only the one
clause. It is Irue Ihat the clause as
lo going oi, with the work was not
lo Ih* enforced under lhe same eoiuli-
FALL
•SkinSores
When troubled with fall
rashes, eczema, or any skin
disease apply Zam-Bukl
Sgrprliln, how quickly II ,,m
Iha >martlnj .ml Hinging! Alio
cure, cut,, burn,, tores and pile,,
Zen,. Btik I, minlefron, pure her.
balenencea. No animal fata—no
mineral poiioni.  Flne.t healer I
Drug ■,',!, on* stom Rutryvhtri.
am-Buk
linns     ns al   pri!
clause lli.il cnillil
III lllll
111'      I'lllul
il    UilS   11
n'll miller
llir        OotltlililOII.
1ll.ll
llll'li
prevailed        in
[ll,.   111',
ion.      II
Mils 111 1      BllggOSlt'
,1        III   III!
ii   notion
Mini Unit    clause
\,.is  .ill
Improper
0110 nr mil' llllll t',,
lllll lllll III
' I'llllillVil
if    till' I'llllllilillllS
nailing In
lis rill,,!
■cliient  were in OXl
si,HIT.     '1
'lirv ul'le
in that case. Weic they iu the case
al bar? I must answer thai question
iu the affirmative,
The grounds in the presenl action
on which a certificate could be given
are later alia "neglect lo supply
materials of the proper quality or
fail in any rospect lo prosecute the
work with promptness and diligence."
I have found ns a fact that there
was a neglect lo supply proper materials in so far as the painting is
concerned and 1 have found as a
fact Ihat there was a failure to
prosecute the work with promptness
and diligence ar.t! ihat the Inspector
•'wilh bu (Detent justification" gave
ids certificate to that effect. 1
-think the draftsman had in view the
decision in the Walker case. Then-
it wns n matter for tlio engineer lo
determine what was a proper rate
of progress. The court held thai
the factor that must operate on
the engineer in determining whal
was a proper rate nl progress was
the time in whicli tho work was to
he completed. When lhal time
was pasl then there was no such
determining factor, as it is only
with reference to the time so agreed
tbat the rate of progress ea** be determined. Here Hit- determining
factor is tlm prosecution of the
work with promptness and diligence.
No one can for a mii.utc say ihat
the work was being prosecuted with
promptness and diligence, li is not
a Question of rate of progress,
where the rate has to he determined
hy reason of the lime in which
the work must be completed) hut a
question of promptness ami diligence which is not determined by
any factor other than the ordinary
meaning of the words used. Th ■
tract is nr.1 avoided by what
has been done as the machinery for
iis carrying on after whal has been
lone is provided at ihe end if
the clause (ii).
Por those reasons I do not think
the clause in question herein comes
within the scope of Walker V, London & North Wesl rn hut rather is a
clause io the other cl.iuses mentioned iu the agreement in that case and
one which is not I'et rniii.fd hy
llu* time in whicli tin* work is lo he
completed. This clause can lie acted ou and enfor ed when lhe Inspector certifies with sufficient justification that the contractors have
failed in any respect to prosecute
the work with promptness and diligence, which might will have
brought the case within Wal'er V.
London & North Western.
On this issue iln- defendants must
succeed.
I\ E. Wilson.
DIGESTION ANI) ASSIMILATION.
It is nol the quantity ot font taken hut the amount digested and as
situ ilalctl that gives st length ami
vitality to the system. Chamber-
Iain's Stomach and Liver Tablets in,
vtgoratc the sii mactl and liver and
enable them lo perform iheir func
lions naturally. 1mm sale hy all
dealers. .** I -1 f
pronation
>.>TEA*-****-
Packed in
BEAUTIFUL CORONATION
SOUVENIR TINS
GO 4   a pound
In r.minrrr Mthn Ol tlio f-ronatlon •**
I a . itta 1 .' 'HI V*w.i\-fh.f. ciiiit.inttic
i. ., a h e> t utlnn ti.i of a im *-t pKtttrr*u]*M
i.i  " .   u '** '  ' i. it.''•;;..It'll    lV.,i'i:
oM.'-lri   kTiial tMii-lshiuc thiii il.-vmi-.l
I, AuklM.l.i
Dr. Mattel's Female Pills
EIGHTEEN YEARS THE STANDARD
Prescribed ami recommended for women's ailments, a scientifically prepared remedy of proven worth. The
result frum their use is quick and
permanent. For sale at all drug
stores. :t toDelfi
A Vote for Dr. J. H. KINO, the People's Candidate,
Is a Vote for
RECIPROCITY
And a Vote for Canada's Greatest Statesman
I SIR WILFRID LAURIER
The Cost of Living Has Become Excessive
Reciprocity gives us free cattle, horses, swine, sheep, lambs,
poultry, corn, hay, potatoes and all vegetables, fresh fruits, dried
fruits, butter, cheese, milk, cream, eggs, honey, fish, salt, and
many other necessities of life.
A Vote for Reciprocity is a Vote for Cheaper Living
God Save the King
--JKT9B3ErW»*'
Electric Restorer for Men
'hosnhonol "***!**«i "••**■*? nerta fn the body
 *      .,     ,tn its [.rnper IcnSMit j rcili'ies
nn nnd vitality. I'rematutodprav.iTiilnll'icxii.il
n/OAknm nviTlcd at once. PtioiphoDol will
luku vmi a new man. Price t'lt !"">. nr two (nr
;:.. Mitil*l i.*rinvn'ldwM. ThnSvtibvll Drug
en., Ht. catharlner., Onl.
For mil"1 at  Ucutto.  Murphy  &,  Co.,
SEALED TENDERS addressed to
ihe undersigned, ami endorsed "Tender for What! a* Needles, B.C.," will
he received ut this olliee until 1.00
p.m., on Monday, September 25,
lllll, for tlie construction of a
Pile Hent Wharf at Needles, Division
ot Arrow Lake, District ot Koolenay, B.C.
Plans, specification and form of
contract can he seen autl [onus of
lender obtained at this Department
and at the (Dices of (i. A. Kccfcr,
Esq., District Engineer, New Westminster, B.C., and ou application to
the Postmaster at Needles, B.C., and
Victoria, B.C.
Persons tendering are notified that
tenders will not bo considered unless
made i ii the printed forms supplied,
nnd signed with their actual signatures, stating their occupations and
places ot residence. In the ease of
linns, lhe actual signature, the nature of tbe occupation, and place of
residence of each member of the
linn must he given.
Bach lender must lie accompanied
hy an accepted ehetpie on a eharater-
eil hank payable to the order tf tlie
llonorahle tin. Minister of Public
Works, c'jiial to ten per cent (10
p.e.) of the amount ot the tender,
which will he forfeited it the person
tendering decline to enter into a
contract when ealleil upon to do so,
or fail to complete the work contracted for. If the lender he not
accepted the cheoiie will he returned,
The Department does not hind itself to accept the lowest t r any ten-
tier.
Hy order,
II. 0. Desrochers,
Secretary.
Department ot Public Works,
Ottawal August 25, 1911.
Newspapers will not lie paid for
this advertisement if they insert ii
wilnoul authority from the Department. 80-2t
SOCIETY AND CHUKCH
DIRECTORY
Cutis'..i*si' Lodge No. 33
KNIGHTS   of   PYTHIAS
Cranhrook. b. C.
Meets   every   Tuesday at 8 p.m. at
Fraternity  Hall.
T. (i. Jones, C. ('.
J; M. iloyes.K. ot It. N. S.
Visiting brethren   cordially invited
to attend.
I.O.O.F., KEY CITY LODOE, No. 42
Meets every Monday
night at New Fra-
teruity Hall. Sojourning Oddfellows cordially invited.
12. H. Patmore IV. M. Harris
N. G. Seo'y.
PYTHIAN   SISTERS
FIDELITY TEMPLE NO. 18.
Meets in    Fraternity IIaII Fust and
Third Fridays.
T. Fraser, E. 0,
M. MacKinnon, M. It. and ('.
Visiting sisters cordially invited.
ANCIENT ORDER OF FORESTERS
COURT CRANDROOK, 8.U3
Meets In Carmen's Hall Second and
Fourth Thursday of each month at 8
p.m. sharp.
Wm. Anderson, Chief Ranger.
L. Dent, Secretary,
Visiting brethren made welcome.
DURHAM ENCAMPMENT NO. 12.
l.OO.F.
Meets first and    third Wednesdays
in each mouth.
A   cordial reception extended      to
visiting brothers.
Officers July 1st to December 31st.
V. P.-H. Clayton.
Scribe—W. Iff, Harris.
Cranbrook     Lodge,
yi No. 84
%       A.F. ft A. IL
w(    —
§?RS&A*   llenular meetings on
«•«■»      the   third   Thursday
     nf every month.
Visiting brethren welcomed.
A. C. Rhankland, W.M.
E. W. Connolly, Secretary.
MAPLE  LEAF  REBEKAH LODGE
No. 19.
Meets every second and   fourth Wednesday at Fraternity Hall.
Sojourning   Rebekahs  cordially Invited.
Miss Ada Hickcnhothnm.N.O
Miss M. Hickcubotham, Sec.
M*Urf OVER 68 YEARS'
Tfwnc MArnta
Drootit
^^^_^^^_     Copvniuiiraftc.
ft r •»'.«*>, -.-.ruling n ikMrh tii'il dM**r1pUi*)*l wn
i).*.t"VI* •*,»>.-nun . ur ... im- n fi,,. •>., -'i.it .-...
nn. nil,,n in |T* 'i'il Ir |.-,i..niul.I,.,   t' inn.ii,-..
' Mi-Hyr  ,.,  .,,,*,  1   -mHDsOCR -n l*»l"l*(»
mi,' ffi-n. I'llnl 1.111 ■ » !„r •"•.uni,: [Hli'tilr*.
I'm •■ui-. tr.ki.li tlii-.....*! .*>i un 1 \ i"u. n-vultf
MMffffke* *itli.iiil -MM 111 Ilia
Scientific flinjricati.
a handm-***-* iii*i«tn*t*»i *******A1**,   Imr-s Hr
mu.   1 "i ,ni-  ■ 1.1.1. ■   ?.iMil.    Inn-*  inr
1 11 .,i,. i ■ ■'■ 1. j- 11, i-'i>, ■   i'i.,-,i,|.    *-ul'l ly
ill ihrVJUMlm
MU.1N S Co,"--— Hew York
Hiwui, 1 ,ai.'„. nu r au iv..i,ii,«i„„. 11 Di
NOTICE.
IN THE MATTER OP AN
API-UOATION lur Hi, lasnoitn
ilnpltcdtQ i-i-rlilirati- of till,- to Lol
37, llloi-k ill, living iun' of Ilisiriri
lots I, 5. 22, 211, nml Bll, llroup 1.
Town of Crtinlirook, Map llli!'.
NOTICE IS HEREBYG1VEN
tlmt it i« my Intention to Issue nl
the expiration o( nm' inoplli after
tlio lirst piililii'iitiou hi-ruif ii duplicate of tl iTtifiriitp of till., lo
tin. above*tneiitlonr*rl lot in tlie
niiini'of Melton Entwl.tle, wliirli
oertifiontfl is .li.t.-.l 25th July, 1007,
nml ininilii-n-ii TilllA.
SAMUEL l>. ROE,
District Registrar.
Luml R.'gistrv Office,
N.'lson. It. O..
August 28nl, lllll. 27-41
Tli. l.,,:i'!iiiL' llii.iiiesa CoIIi-im'
uf llie Northwest
Where young people ean receive
li llu»rt,null liiiHjneaa Irainiiii:.
SHOKTH AND, TTPEWKITINC, MMKKEEPINC,
COMWRCIAl UW, ITC.
I. ill ae.'aiim iivi-lve ntuiitlia in
tlie year.
No nntrillici- exilluiliatiiilia.
Ilonr.1 mnl room at very reilHun-
al.le ratea.
We aivnre piiiiluiti. fur our
student..
Our new le-nutifully illilaliateil
ei,talui!iie sent free ,,|.„ii rerjnost.
Write lor it NOW I
H. C. BLAIR, Principal
1st A .Isillnn    -     8POKANE
INDEPENDENT   ORDER OK FORESTERS.
Meets in Carmen's Hall first anil
third Tliursilay of eacli mouth et
S p.m. sltarp.
Mrs. Lulu Ifayw.inl, lire. Sec.
IV. II. McFarlane, Chief Ranger.
Visiting hrethren made welcome.
**********************
l Presbyterian Church I
STATED SERVICES       *
„
Sunday morning service at 11
♦ o'clock ♦
♦ Sunday    evenin**     service   at (
A 7.30 o'clock
J   Sunday      School   ami     Ilible J
x Class at .1 o'clock
Presbyterian   Guild, Ttifuiday,
4 at 8 o'clock
**>+w*>*>*>*>ww
Baptist Church;;
I'aslor, H. S. Spoiler, ','
1'araonagc. Norhllry Avenue.      ' '
Thone, 284.      I'. O. Boi 887. ] |
Rrgnlar Service.:—Sunday, II ,,
a.m. and 7.nil p.m.; llllile < >
School with Young 1.allies' i ►
Philethea .and Young Men'.' '
Milile Class, 3 p.m. [ '
Monday*, Young People.', 8 ,,
p.m. , >
Wednreriay, Mid-Week Meeting. ''
A cordial I'hriatlan welcome,' '
tn all. ; J
*************
•HWMMMMMMMH
SALESMAN  WANTED
Wi- wntit n gond Sn'iiiiiinn   In
*■• I1 ii'tr Inith ti-rinli- Hill1 nl Niir-i-i.v
Hind- in I'iini Knottnn** nnd Wi-rd
Kont'-iiiiv i iiiihii.H. Block mini
a nt inl.   Llhrrnl ram minion B
YAKIMA VAUEY NURSERY CO. 2
TopiwnlHi, Wart,   X
#
^^^^^^ww^^^^^^^^0^^^^4^^04^^^04^^^^^^^^w^
1 Imperial Bank ol Canada
* HEAD OFFICII: TORONTO
CAPITAL AUTHORIZED - $10,000,000.00
CAPITAL SUBSCRIBED - $5,913,000.00
CAPITAL PAID UP     - - 5.793,000.00
RESERVE FUND         - - 5,793 00000
l>. II. WII.KIK. Preaiilent.
HON. KOIIKIIT JAPKKAV. Vlce.Pre.ld	
Accounts   of   Corporations,   Municipalities,    Merchants   < >
Fanners nnd Private Individuals invited. [\
Drafts nml Letters of Credit issued available in any part of j |
tho worl I. < i
f      SAVINtIS DEPAttTMBNT — Special   attention I!
given to Haviii|/s   Hnnk  Accounts.     Deposits of 11,(10   and
upwards received and interest allowed from date of deposit.
Cranbrook Branch: H. W. SUPPLE. Mgr.

Cite

Citation Scheme:

        

Citations by CSL (citeproc-js)

Usage Statistics

Share

Embed

Customize your widget with the following options, then copy and paste the code below into the HTML of your page to embed this item in your website.
                        
                            <div id="ubcOpenCollectionsWidgetDisplay">
                            <script id="ubcOpenCollectionsWidget"
                            src="{[{embed.src}]}"
                            data-item="{[{embed.item}]}"
                            data-collection="{[{embed.collection}]}"
                            data-metadata="{[{embed.showMetadata}]}"
                            data-width="{[{embed.width}]}"
                            async >
                            </script>
                            </div>
                        
                    
IIIF logo Our image viewer uses the IIIF 2.0 standard. To load this item in other compatible viewers, use this url:
http://iiif.library.ubc.ca/presentation/cdm.cranherald.1-0070435/manifest

Comment

Related Items