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PRINCE GEORGE CITIZEN

VOL.
PRINCE GEORGE, B.C.,   THURSDAY,   APRIL   14,   1927.
FIVE CENTS.

local Committee Will Take Charge of Forest Week
Mayor   Patterson   Content*   to   Serve aS  Chairman   and   Enlist General   Support.
p rest   Branch   Considers   Civic   Responsibility  Will   Yield Better Results.
ravor    Patterson    launched    the , riinme   at   the   council   meeting \V*:lay  evening   of   interesting �i/(us personally in the forma-, ; plans for the due observance �Save  the   Forest"   week,   which l'J,n fixed  by  proclamation    as n April  24 to  April  30.     There standing committee in  Ottawa wives  direction  to the   obser-�f  this  week throughout  the
or '.
fri n is a whic
,,n. "and   working   under     the
1   committee   is   a   provincial
Lnimittee     which     appoints     local
iainnen for the various forest districts   H    G.   Perry,  M.L.A.,   having assigned  the  chairmanship for '.'\. port George district.
C C Terhah, of the local forest , (fice   presented  the  matter  to the
mbers of the city council and ex-the end sought.    In the p*�st arranging of the programme for "Save the   Forest"   we>l. had     been |(fi largely to the officials    of    the provincial forest  service,    a..d   the j i,.sire was to pet away  2vom    this I , ndition   and   induce   the   residents of the various communities to inter-1 themselves    personally    in    the I r of forest protection.     In one ., sections of the province this1 been  achieved,  and as a  result i much greater    interest    had     been; shown in the observance of the week, particularly in the Nelson district.
Mayor   Patterson     intimated     his: willingness to  accept the'chairman-: ship of the civic  committee  and an effort will be made to secure a com-e  personnel  which will  be  representative of the business men of j the community.     In discussing   ten-tative   plans   it  was  suggested    that the city   council   might  arrange    to provide  silver   medals   as   prizes    in; essay  competitions  among the  chil-: dren   attending   the   public    school, , the subject of the essays to be for-1 est  protection.     It will be  also   ar-j ranged  to  have  the  importance    of j forest protection spoken of from the j pulpits of the city churches.
A I'rinvrose undertook to interest! tin merchants of the city in the due j observance of the week through their j ;uiv.iii~ing. as well as through spec-: ial window displays.   .
11. I!. Taylor agreed to incubate! a number of suggestions for street! displays which will strike the observer with the importance of forest! protection.
M.  S   Morrell  will  look after the' advertising feature of the week, ar-! ranging for a general distribution of tags and stickers.
Tin- following have been appoint-; ed local chairman  in    the    districts! surrounding  the   cilty:   W.   H.   Wall,! Mcfiride; Charles Howarth,  Hutton;! Lome  Lyle,    Aleza    Lake;    W.   K. Nichols,   Giscome;     George   Ogston, i Vanderhoof; William  Bunting,  Fort Fraser, an(f%ert Black, Fraser Lake
MRS. M'INTYRE CONFESSES TO THE KILLING OF HER HUSBAND IN VANCOUVER
Vancouver, April 9.�Before a crowded courtroom yesterday Mrs. Maude Mclntyre took the stand and told the manner in which she had killed her husband in one of the city hotels on the afternoon of December 23rd. The woman was submitted to a searching examination by the crown counsel. Her story was that when she visited her husband in his room in the hotel he attempted an assault. The first shot was fired as Mclntyre lunged toward her. All told three shots were fired and it was the last one which caused the fatal injuries. Mrs. Mclntyre said she fired the first shot for the solo purpose of directing the attention of people in the hotel to her own danger. No assistance came and she professed to have no recollection of the direction of the second and third shots.
Vancouver, April 9.�The jury in the case of Mrs, Maude Mclntyre, charged with the murder of her husband, J. E. Mclntyre, in the Angelus hotel in this city, on the afternoon of December 23rd, brought in a verdict of not guilty today. In the opinion of the jurors Mrs. Mclntyre shot and killed her husband in self-defence.                       v\
Ina Allen Leads in Popularity Race by 1400 Votes
Alma   Grundall   Back   in   Second   Position   With   Slight   Margin Over  Muriel   Rogers.
Probability     That     Large     Vote     Is
Being   Withheld   for   Final
Hours   of   Contest.
LADIES' AID OF KNOX
CHURCH HOLD SUCCESSFUL BAZAAR AND  TEA
The Ladies' Aid of Knox church held a vei'y successful bazaar and tea in the ballroom of the Prince George hotel on Saturday afternoon, the patrons being so numerous as to tax the capacity of**the premises. The stalls all received an excellent patronage, most of them being cleaned outl of their wares before the afternoon was over.
T'o toa service was presided over
b" :i committee of ladies composed of Mesdames D. G. Fraser, Ernie Thompson, H. B. Guest, Alex. Hunter, John Gaul, W. J. Pitman and J. D. Gillis.
There were five booths which set their snares for the odd two-bits. The candy booth was presided over by Mesdames Arnold Flaten, R. A. Harlow and Walter Gregg; the apron booth by Mesdames C. A. Pyne and F. Moffatt; the handkerchief booth by Mesdames R. A. Renwick, W. L. Hughes and Fred Matheson; the home-cooking by Mesdames W C. Ellis and C. C. Wright; the miscellaneous booth by Mesdames R. S Edwards and M. S. Morrell; and the flower boolth by Mrs. J. Jardine. Miss Kate  Renwifck was in  evidence
as   the   old   ladv   with   the   hundred] terd*v   wlllle   in   attendance   at     a pockets,  and had a very busy time,    meeting of one    of    the     societies.
MOVE EXPECTED SHORTLY IN PAPER MILL PROJECT OF FRASER TIMBER SYNDICATE
E. W. Bowness, of Edmonton, the engineer in charge of the hydro development in connection with the projected pulp ttnd paper mill of the Fraser Timber Syndicate, is expected to arrive in the city this week. when something may be learned of the immediate intentions of the promoters with respect to the harnessing of the Nechako river at Isle Pierre.
The work of testing the river bottom at this point, which was arrested by the winter, is less than half completed. This work was in charge of fHalton Fyle, an engineer and geologist in the employ of the Canada Cement company. The testing of the bottom in the main channel of the river has yet to be done. This work would be preliminary to the. making of any plans and is expept-ed to be resumed very shortly/
OFFICER OF CHILDREN'S
AID   SOCIETY  ARRESTED
UPON SERIOUS CHARGE
Toronto, April 9.�H. A. Elliott, inspector of children's aid societies for the province, was arrested  yes-
WATERMAIN   EXTENSION APPr.OVED BY SUBSTANTIAL VOTE OF RATEPAYERS]
rat i w 11 $12
e two bylaws submitted  to the avers on Monday in connection!
the   proposed   expenditure    of! 00  to  extend  waterr.iains   and
le  additional     hydrants     were
 a  substantial  vote.    For   the
�rization bylaw there were  111
in   favor,   23   against,    and    3
i! ballots.    For the lean bylaw
was an affirmative vote of 112. 2 1 against, and one spoiled bal-
The popularity and beauty contest which was put on by the local branch of the Canadian Legion will be closed at midnight on Saturday, April 16th. When the details of the contest were being settled it was proposed to close the contest on the evening of Friday, April 15th, but the circumstance was overlooked that this was a holiday, and for this reason it has bc-cn decided to extend the contest until midnight on the following day.
On the count of ballots deposited up till Saturday night, Ina Allen is shown to be leading by close upon 1400 votes. The total vote accounted for however, is only in the neighborhood of 25,000, and floating around somewhere are 55,000 ballots which may find their way into the boxes before the end of the week. While it is improbable all of them have been sold, there is reason to believe a considerable percentage of them have been disposed of and are being held back by the candidates interested in them. If this should prove to be the case it will make the chances of any candidate uncertain upon the showing disclosed to date. In addition to the money prize of $50, which is to go to the winner of the contest, the management of the contest has decided to add a dress.
The standing of the respective candidates on the vote deposited in the boxes up till Saturday night follows: Ina Allen 8382, Alma Grundall 7004, Muriel Rogers 6,798, j and Rose Wood 2792.
PROVINCIAL  LEADERS
WILL MEET IN  BYELECTION IN NORTH OKANAGAN
Hie friends of the watcnr.ain extension   were   greatly   pleased   with 1  vote polled, it being lni-gor than that  secured  on  any  bylaw  submit-I for a number of years.  The vote on the telephone bylaw, which went ratepayers last year and was """-U'd by the  interested  company, was excelled" by that on Monday. A special meeting of the city coun-'� was held on Monday evening, fol-i"\' iiiu- the counting of the vote, and *ne bylaws were reconsidered     and nnaiiy passed.
"he tender of Alexander Antony-c�uck, for suplying the city with � ; Ve-Wood was accepted. The amount '"volved was approximately $200.
CANADIAN~GIRL WINS
PRIZE OF  $10,000
Boston, April 11.�Miss Mazo de � K'Hio, of Toronto, who has been ^tbi      to United States maga-
 h
vr   �t'�"
 d
 r several years, has won the  i        ff                        li
 y,
vr �t,'1�," prize offered bv the Atlantic \J-lth]y for the best novel entered L, cnmPetition. There were 1100 c�ntestt
LEGISLATURE CLOSED
tnh   l"-1**'   APril   19-�The   Mani-
intr   '^slature prorogued this morn-
t.at 4 ovclock at the end of a fili-
^er on the part of labor members.
Victoria. April 12.�Interest in the coming byelectidn in North Okan-agan centers around the fact that it will bring Premier Oliver and Dr. S F. Tolmie together for the first time* since the latter accepted the leadership of the Conservative party in the province. The North Okan-agan contest promises to be bitterly fought in view of the moral effect throughout the province and- may have an effect in bringing on the general elections. The issues in the campaign will be largely inatters affecting fruit-raising and irrigation.
A meeting of the members of Northern Rebekah Lodge, No. 34, will be held this evening to complete arrangements for the annual Easter dance which is to be held in the Ritts-Kifer hall on  Monday evening.
The meeting of the local fair association, to consider the programme for the celebration of the dominion's diamond jubilee of July 1st and 2nd, will be held in the ballroom of the Prince George hotel on Wednesday evening. All interested in the success of the celebration are urged to attend.
Goderich, April 12.�Thomas G. Allen of Dungannon, announces himself as nn Independent-Conservative candidate in the pending by-electioh for North HHiron. Other candidates are A. Hislop, Liberal; S Bricker, Progressive, and Abner Cohens,   Independent-Liberal.
During the afternoon a number of instrumental numbers on the piano and violin were rendered bv the Misses Ness, Nash, Mockridge and Haydon. The affair netted the ladies' organization approximately $275.
OTTAWA  IN  THE  LEAD
IN  CONTEST  FOR HOCKEY WORLD'S   CAMPIONSHIP
Ottawa, April lo.�The third game in the finals for the world's championship and the Stanley cup, between the Ottawa and Boston teams, ended last night in a draw with a 1-1 score after twenty minutes overtime. The fourth game is to be played tomorrow night. Ottawa is now one game to the good. The first encounter ended in a draw, but the second was taken by Ottawa with a 3-1 score. It has been stipulated by the authorities that there shall be no more than five games played, irrespective of drawn contests. If Ottawa wins tomorrow night the Stanley cup will go to them, but if Bosfaan wing the fifth game will require to be played. In the event of being on even terms at the close of five games it is said the cup will be held by the two teams jointly, something which has never happened since it has been contended �for, but a contingency which is possible with two drawn games in the series already.
GEORGE  KOLIAS   MAKES
PURCHASE  OF  BUSINESS
SITE ON THIRD AVENUE
George Kolias has made a purchase of a business site on Third avenue, lot 13 in block 43, and at piesent occupied by the Fruser River Hardware and W. K. Mackenzie The sale was made by George W. Mason, of the Prince George Real Estate, and the price was $5-000 The purchase will include the building occupied by the Fraser River Hardware, but not the ware-houseat the rear of the lot nor the building occupied by W. K. Mackenzie. As both tenants have unexpired leases for one year no alteration will be made in the structure for the present. The vendor of the property is John M. Paul, former train agent of this city, but now employed by the Southern Pacific railway and resident in Los Angeles.
Five charges of committing serious offences have been brought against him.
PRESIDENT   CALLES  WAS WELL   INFORMED  ON
UNITED STATES POLICY
Washington, April 9.�The recent investigation has established the fact that there has been a systematic pilfering of the confidential correspondence of the state department relating to the Mexican situation. The nilfering was conducted upon a wholesale basis, nearly three hundred documents having been abstracted and forwarded to Mexico.
HUDSON  BAY  RAILWAY
WILL PROVE EXPENSIVE
Ottawa. April 9.�The building of the railway to Hudson Bay will by no means be the end of the undertaking to open up trade bv way of the northern route. If Port Nelson is chosen as the terminal it, will be nccessarv to move 5.500,000 cubic yards of boulder clay to create s channel throuerh which vessels may reach the terminal, and to cai-ry the material 22 miles to deep water. This work, it is estimated, will require six years with the short working seasons available.
EDMONTON GIRL GRADS
WIN   FROM  PICKED  TEAM
Edmonton, Anril 13.�The Edmonton girl grads won the bnsket->^ill game last nierht from Peetz' Undertakers, a picked team representing the best players in the TT-iited States. The-Score "as SHIS
Legal Status of Boarding House is Issue in the Case
Two   Prosecutions   Brought   Against Allen-Thrasher   Under   Minimum Wage Act.
Defence   Argues   Boarding   House   Is
Without  Terms of the  Order-
in-Council.
Whether the operation of a boarding house in connection with a sawmill is "incidental" to activities in connection with the timber industry, is the problem which Judge Robertson was called upon to solve in a case which he heard which was brought under the provisions of the minimum wage act on Thursday afternoon.
The plaintiffs were Cecil Compton and Harry Bruce, who had been employed in a boarding house operated by the Allen-Thrasher Lumber company, in the vicinity of their sawmill at Snowshoe, Compton had been engaged as a second cook at $75 per month and board, and Bruce as a waiter at $60 per month and board. They had been'employed by the company for some time and accepted a number of cheques upon the terms of  their engagement.
When they were eventually laid off and came to town they learned something of the working of the minimum wage act as applied to the timber industry. In boarding houses the hours are long, although the work may not be constant, and figured at a minimum wage of 40 cents per hour the remuneration for which they had agreed to work seemed insufficient. Legal advice was sought and the first prosecution in this district under the minimum wage law got under way. A. McB. Young appeared for the plaintiffs, and Messrs. Wilson & Wilson for the defendant company.
The facts were more or less agreed to, but the fight came over the question whether the boarding house operated by the owners of the mill for the convenience of thoir employees should be construed as "incidental" to the timber industry The defence argued the boarding house was a separate entity from the mill, and in the same position as a stove maintained in the vicinity of the mill." It was contended the employees were not obliged to live in the company boarding house, and it was also shown that the boarding house was operated for the convenience of the public, meals being served to  all who applied for them.
Following legal argument of counsel his honor reserved judgment.
REV    FATHER  LERAY
GIVEN GREAT RECEPTION
ON SATURDAY  EVENING
Rev. Father Emile Leray. who has been on a six-months' tour of European centers, was given a warm welcome by his former parishioner? on Saturday evening when he stepped off the westbound train. It was the intention of the popular cleric to continue on to Prince Rupert, to which point he has bet> ntransferred. but his welcome back was so warm and his friends were so insistent that he consented to make a stopover. He conducted the services ir the church on Sunday, when he gave a very interesting account of his travels. On Monday evening he re sumed his journey to Prince Rupert carrying with him the urgent re-ouest that an effort be made to provide for his resuming charge of the Prince George parish before thp close of the present year.
Cooks and Waiters Not Entitled to Minimum Wage
Boarding    Horses   Are   Not   Considered as Incidental to the Saw-milling  Industry.            -'
Interesting      Judgment      by^'   Judge
Robertson   in   Case    Brought
Against  Allen-Thrasher.
Judge Robeptson handed down judgment yesfcerdry in tue action of Cecil ComVton and Harry Bruce, who we.ro employed as cook and waitejr"in the boarding house operated/by the Allen-Thrasher sawmill company* at Snowshoe, for the benefit of the minimum wage law of 40 cents an hour since the time of the enforcement of the measure. The men were engaged prior to enforcement of the act at wages of $75 and $60 per month respectively, with board, ahd in the course oi their duties worked* long shifts, tlie day sometimes stretching to fourteen houis, and worked every day of the month. If the act applies to them, cooks and waiters would be among the best paid men ih connection with the sawmill, industry, with a wa^e approximating $170 per month. Judge Robertson in his judgment; finds the minimum wage does not apply to them. Ifv this is not satisfactory to the board in eliargc of the enforcement of the act it is open to then: to take an appes.1 fi'om it. This should be done in any event to settle the law in the matter, since so far as known the case before Judge Robertson is the first of its kind, and the settlement of the law in such an important matter should not be left to the individual worker. The judgmentof Judge Robertson may or may not be good law, and there is no telling what might happen to it on appeal. But behind the legal question, if the judgment is held to be defective there is the other material question: Did the framers of the minimum wage intend to make cooks and waiters among the best paid men employed around the sawmills?
The judgment follows:
This is an action to recover $155.40, being the difference in wages at $75 per month and board and the minimum at 40c an hour fixed by the board of adjustment under the "Male Minimum Wage Act 1925."
The order establishing a minimum wage in the lumbering industry way made on the 30th day of September, 1920, published in the B.C. Gazette on the same day, and the wage came into force on the 1st day of November,  1926.
The facts are not in any way contradicted'. '.The ^plaintiff went to work for the defendants, September, 1925, and worked until February 9th, 1927, with very few days oft. His pay during that time was $75 per month and board, all of which has been paid. The cook and his crew are employed seven days a week.
The establishment of the 40c an hour minimum operates from the 1st day of November, 1926, and if the order applies to cooks, second cooks and helpers, including waiters or flunkies, then the plaintiff is undoubtedly entitled to recover the amount sued.
The question in issue is, "Does a cook or helper come within the meaning of one engaged in the "lumbering industry?" which words include all operations in or incidental to the carrying on of logging camps, sawmills, etc."
Beyond doubt no operation can be carried out without the employees beiny: fed, so that every business in the world would apparently have as an incident to it the feeding of everyone connected with it.
What is the meaning of "incidental?" Webster defines it as "dependent on ahd pertaining to all operations."
In ascertaining the meaning of the words, of and incidental to the carrying on, in the present case, of a sawmill, is there a duty cast upon the employer to provide a boarding house for the employees? I do not think so
There are duties of many kinds placed upon the employers: to provide, interalia. proper safety appliances, proper tools and proper living quarters for the employees, but it has not been suggested that there is a duty placed upon the employer to feed his employees, and I do not think there is any duty.
There being, as 1 found it. no duty cast upon the employer to provide board for the men, I find that the carrying on of a boarding house by an employer is in the nature of a bonus to the employees in that it avoids for them the necessity of cooking or paying board elsewhere.
In the case at bar there is no obligation for a man working in the mill to board at the boarding house run by the employer, nor is there any rule compelling the employee to (Continued on parre i.)