VOL. 13. NO. 16. CITIZlp PRINCE GEORGE CITIZENv THURSDAY, APRIL 21. 1932 Five Cents Dispute Over Whitewater Post Going to London Hudson's Bay Company Carries Appeal from Canadian Court _to the Privy Council DECISIONS HAVE VARIED Legal Costs Exceed ~~ Amount Inyolved in the Original Action of Strand The celebrated case. - of Elizabeth Overn vs. the Governor of the Company of Adventurers of England, trading into Hudson's Bay. commonly known as tiie Hudson'c Bay Company, and Ernest Sturrock Peters, sheriff for the County of Cariboo, has eventually made its way to the judicial committee of the privy council. Originally the case did not ajnount to very much. -John Strand, a fur-trader of Quesnel, started an action in t,he courts to collect a debt against John EL Weisner, who was operating a trading post at Whitewater, in the Finlay River district. Strand* was awarded judgment for $2,075, and under it the stock-in-trade of the post was seized by the sheriff and sold to the Hudson's Bay Company. It happened, however, that prior to the judgment Weisner had made a transfer of the property at Whitewater to Mrs. Elizabeth Overn, of Vancouver. She appealed the judgment to the supreme court of B. C. The appeal was heard before Chief Justice Morrison and a jury, when Mrs. Ovem was awarded judgment for $11,000. The case was then taken by the Hudson's Bay Company to the court of appeal for British Columbia, when the judgment of the supreme court was quashed. Mrs. Ovem then appealed to the supreme court of Canada, which virtually restored the judgment of the supreme court of British Columbia but fixed the judgment against the Hudson's Bay Company and Sheriff Peters at $10,502.75. This was later varied by reducing tine, amount of the judgment to $5,904:79. It is from th's Judgment that the Hudson^ Bay Company is now appealing to the judicial committee of the privy council, the highest court m the realm.' In the litigation which has followed since the sale of the Whiter-water property by^ Shertf f Peters the monetary value involved has been completely lost sight of. The original Strand judgment - was for $2,075, but already the plaintiff, Mrs. Overn. has been allowed taxed costs amounting to $2,159, the costs of the other parties to the dispute are admittedly much greater, and the ultimate decision has yet to be rendered by the privy council. SENATOR BORAH SAYS TIME NOT RIPE FOR DEBT CANCELLATION Washington, April 20�Senator Borah chairman of the foreign relations committee, enlivened the senate yesterday with his contribution to the debate on debt canceUaion. The keynote of Borahs' speech was that the countries of Europe should be required to settle their European quarrels before applying to the United States for assistance. The senator denounced in vigorous terms the suggestion made by former Governor Al Smith, of New York, that a 20-year moratorium be Given with respect to war. debts. He said this would contribute chiefly to the United States holders of bonds of the European powers more than to a rehabilitation of the finances of the debtor nations. The United States should not extend any financial relief in connection with war debts until a marked change has been brought about in European opinion. The sonator also commented upon the fact that in t-he recent British budget no provision has been made for the resumotton of war debt payments Jollowing the lapse of the existing moratorium. UNEMPLOYED IN PEACST~ RIVER IKE-EMPT LAND TO SECURE RE1.UW Victoria., April 20�Hon N. S. ,Iit>�xqr-i t�eed. minster of lands, 4s beginning to smell a rat in the rush which has been made to file upon pre-emptions to tihe Peace River district. He has become convinced that a great many of the pre-emptors- have filed upon the crown lands as a short cut to receiving government relief, rather than to become farmers. The minister says the practice is to be stopped but he does, not say how the movement is to be checked. Fight for Cabin Ends in Murder and in Suicide Mike Kopok Shot Former Partner and Took His Own Life on Trail CRIME PREMEDITATED MIKE BIMUS CONVICTED BANK ROBBER KILLED IN PRISON REVOLT Winnipeg, April 8�Mike BAhun, a former resident ol this city, who was serving time in the Stony Mountain pepnitentiary for, bank robbery, was shot and killed In a revolt in the prison on Saturday. Three other prisoners were wounded as well as Thomas Clayton, the chief keeper. The trouble broke. out when two prisoners seized sledge hammers and attacked their guards. Other? guards immediately opened f i"e on the rioters, and .the i trouble was soon suppressed. The de- ]u,irj � j \* r -p. n � ! trouble was soon suppressed. The de- Murdered Man Long-Time Rest- j partment of justice has ordered the dent and Served in France with Canadian Force holding of an investigation into the caused of the riot. Great Britain has Small Surplus on Year Y Operation Quesnel. April 20�Two men are dead as the result of a dispute as to j the ownership of a miner's cabin on Glass Creek, one of the tributaries of the famous Antler Crek, about ten j miles out of Barkerville. The victims j of the tragedy are Witold Nowokowsky,' who had been placer mining in the j district for the past seventeen years, i and Mike Kopok, a fellow countryman � of .Nowokowsky, and a comparatively \ Chancellor Predicts Bis Deficit recent arrival in the district. The; two had been prospecting in partner- ! for the Fiscal Year on which �ship in the Glass Creek section, but j kt � c had a quarrel last fall. Nation enters On Saturday afternoon the body of j ------- Kopok was found on the trail, about; DUTIES SAVE SITUATION 75 yards from the Nowokowsky cabin ! by John Assortln, who is mining on j Antler Creek. Assortin found a bullet j Trade Improvement and In-wound under the chin. He made his way to the cabin and knocked on the door. He received no response to his summons although he said lie could hear something moving inside. Assort-in made his way back to h's own cabin and informed his partner Barney Landyga who made the trip to Bar- j kerville and informed the police by' telephone. Constable H. Vickers. of Quesnel, i reached tihe cabin on Monday morn-ing. and on entering it found the ' body of Nowokowsky against one ofj the walls, with unmistakable signs of i a battle having been fought. Nowo- J kawsky had received a bullet in his j left elbow, which completely shattered it, and a second bullet 'n the neck I whidh severed the jugular vein. His j neck also had been broken. The police are of the opinion there was a fight in the cabin in the course of which Kopok killed Nowokowsky and then | committed suicide on the trail a few j yards away. The time of the crime is fixed on j Friday afternoon. In the morning j Kopok left Barkerville for1 Glass Creek, j Before going he called upon the w'fe ; of Nowokowsky, who riad been es- j tranged from her husband for several i years and informed her he was going out to take possession of the cabin which toe claimed as his property; He j said when the settlement was mad<-there would be one man dead and ; likely another in jail. Nowokowsky and Kopok were botti: Russians. The former was a resident i of the district for seventeen years but Last Grand Jury for Cariboo is Draw by Sheriff Members Will Not be Called To Serve By Reason of the � Abolition of System LIGHT ASSIZE DOCKET LAPOINTE AND THOMAS COMMITTED FOR TRIAL FOR ILLEGAL ENTRY creased Employment Offer Most Encouragement London April 19�The announcement of a surplus of �636,000 in the British budget for the fiscal year ending March 31s*. .which was made today by Rt. Hon. Neville Chamberlain, was discounted with the statement that for the current fiscal, year the indications pointed to a def'-cit of �1.700,000, and that the deficit might have mounted to �34,000,000 but for the imposition of the import duties. The chancellor predicted few changes in taxation. The most important is the tax upon tea which is to be 4d per pound with and empire preference of 2d. The recent increase tax upon beer is to remain despite the falling off in consumption, and there is to be no immediate reduction in the income taxes. In^mmenting upon the outlook the chancellor said the revival in trade and the increased employment offering during the past few months gave ground for the hope that the worst had been pa-3sed in the prevailing depression. -------------o------------- Venue in the Frederick Murde Case Has Been Changed to Kamlooos Assize Grand Jury panel ! Ogston George. Vanderhoof. '� Bouchier, A. K., Prince George. Bunting. Wm, Fort Fraser. Bexon, Wm., Prince George. Abbott, Julia F., Prince Georyi. Hammond. O. R., Vanderhoof. Mriiaker, Catherine, Prince. George. Douglas, H. H., Prince George. \ Sibley, A. E., Prince George. Andersen, A. P., Prince George. Taylor. F. D., Prince George. Blair, William, Prince Geoi-ge. Johnstone. A., Prince George. Men Found in Office of Fort Garry Lumber Company in Vicinity of Bednesti Edward Lapointe and J. Thomas, alia'j Joe, Bradley, men who have been receiving relief from the city and the provino'al government, were committed for trial by Stipendiary Magistrate Milburn on Thursday afternoon upon, the charge of breaking and entering the office of the Fort Garry Lumber Company, at Bednesti. on or about January 25th. From the evidence presented at tha hearing the men were seen in the balding by L. H. Scott, *a C.N.R. section-man of Bednesti. who had been keeping an eye on the premises for the owners. Scott, told the magistrate i one of the men flourished a piece of I wrench at him when he tried to look i through the window at them, and he i did no^ make any att-empt to enter the j building. He watched the place, and saw them leave some 'trine later. One of the men earned a well-filled pack, and the other had a pack partly filled. i When he attempted to interrogate ' them Scott said Lapointe held him | off with a rifle. The men continued i on their way in the direction of Prince '; George. Seigt. Colin K. MacKenzie presented uu& oil> , �- . _nn o1HVWVi \~. c^m-intr wail on Wednesday, April 6th, but the men I n ne can succeed ta securing bail. and women included in the panel will � not be called upon to serve, as At-j BREEDING HEIFERS torney-General Pooley has had his way i Mr\VTMr Twrr\ in the matter of abolition of the grand ! MOV UNO lPMIU jury system in British Columbia. He j . brought this about by application to) ^ the minister of justice at Ottawa. The | . necessary legislation was passed at; <~ar or Grade bhorthorns Passed \ Ottawa, and the provincial statute j has been amended accordingly. At- ! torney-General Pooley brought about � the abolition of the grand jury system ! as an economic measure. The people of i the province are not entirely in accord � with the attorney-general, but they i had ample notice of the move he was I making, and little in the way of op- j position was presented. I e. H. James, of Endako, and the re- There was some objection taken in � maining 25 to P. J. McGettigan. of parliament to the change which brings Savoy. This shipment makes a total Through Prince George on Monday For The West Another car of grade Shorthorn heifers for breeding purposes passed through Prince George on Monday morning. There were 29 head in the four of which were consigned to British Columbia in line with other western provinces, but the op!nion pre- of 370 heifers which have -been introduced to the d:strict by Harry Bow- vailed that if the attorney-general for j man, agricultural representative of the British Columbia desired the change. Canadian Nat'onal Railway~for Brit- T. FARRAR EMINENT GEOLOGIST DIES IN WELLINGTON HENRY THORNTON SAYS RAILWAYS WILL Wellington. VN.Z., April 19�Dr. Haxt- Kopok did not come ' in until two ley Travers Farrar, eminent geologist, years ago, when he became a partner Wh0 accompanied Captain Scot on of Nowokowsky. Nowokowsky enlisted his South Pole expeditions in 1901-04. for military service at Quesnel in 1916, | died here today, and served with the Canadian forces j ?n France with the 4th tunnelling com- j pany. The bodies are being brought to Quesnel for the coroner's inquest. Tiie i snow is still between four and five feet deep between BarkerviUe and; -��- .,��� Glass Criek. and travelling was slow, Ottawa April 19-Sir Heiuy rhorn-and difficult for the police. With the I ton. presdent, of the Canadian Na-two bodies lashed 'to toboggans. the ! tional. informed the menibers of the police were able to make but one and .railway committee that the C.N.R. and 1 � c.P.R. companies have perfected a joint plan for combatting the very serious competition of commercial motor polic one-half miles on Tuesday. -------------o----------- MARTIN FARKIN WANTED FOR RIOTING HELD AT PEMBINA truck service. and no opposition presented itself, his I wishes, should prevail. There are those who have sneered at the grand jury as an anachroivsm, out of step with the times, although when introduced regarded as the chief bulwark of the liberty of the subject. The grand jury stood between the subject and the government, as represented by the court. No one could be\ indicted without the approval of the grand jury. If a prosecution did not commend itself to the grand jury it could dispose of Uie matter simply by returning ''no bill," and that was the end of it. There can be no question but what the grand jury rendered great service in the days that are gone, when a very fine line was drawn between prosecutions and persecutions. That such a safeguard �should be lightly set. aside offers ma- COMBAT THE TRUCKS! terial for comment. It involves the ' complete surrender of the subject to the court. True he cannot be con-v'cted without the sanction of a jury of his peers, but while the grand jury obtained it was impassible even to place him on his trial without the grand jury's approval. The following have been drafted for service on the petit jury, to �serve at the approaching assize court which rious cp trucks, and that there was every probability the competition will be lessened. Pembina, April 19�Martin J. Far- LOCAL TENNIS COURTS 'dn, wanted by the Saskatchewan authorities for his participafcion in the riot-!ng at Estevan, in connection with the coal miners strike, has been arrested here and is behig held for ex- WERE OPENED FOR rested here g rhc loCal tolu5 u e p traditton. There were a number of for lay on Monday having received mvinte him dunns the Estevan ; cons'derable attention last week. The people killed trouble. [PRESIDENT HOOVER OFFERS TO GIVE HIS ^ offlcerS of SERVICES GRATIS j Messrs. Henry Wilson and W. L. _____ Hornsby. honorary presidents; C. S. Washington. April 19�It was made Foot, president: Mrs. A. S. Baird. vice-i known today t-hart President Hoover president: ard H. has intimated n!s willingra-'-s to have treasurer. The entertainment com-his salary of $75,000 cut to one dollar mittoe consists of Mrs. A. S. Baird. is his contribution to the financial vice-president, imd Mesdames C. S. I necessities of the nation. , Foot-. W. H. James. C. P. DeyWn and ' o _____ : E. B. Hopk'ns. Tiie membership fees ] Edward. Charles, McBride; Cluff, John Thomas, Giscome; Edward. ! Charles S., Prince George; Brain, R.A. ! W.J.. Vanderhoof; BraiLsford. Joshua, | Newlands: Collins, Harry. Prince r�M JUirwrkAV George: Colboume. John. Prince ^LN �Viv->rNLJ/\i George: Mas-vson. Johnston. Prince -----_* ~^,~* George: Jefferies. B. N. Prince George; The local tennis courts were opened | Sa11.� _TnmAj. A p^^, Georg�; Ct0Oc1. McBrde; Koli-cy is continued Mr. Bowman feels confident between 350 and 400 additional heifers will be brought in during the current year. Another development which Mr. Bowman is bringing about is tiie importation of pure-bred dual purpose Shorthorn heifers which will ensure a better class ol herds than animals bred from the grade heifers now being imported. Mr. Bowman says arrangements have been made for the shipping in of the first car of pure-bred heifers, and he predicts it will be the forerunner of a considerable importatron of pure-bred stock. �.----------o------------- WIDOW OF HON. C. E. POOLEY PASSED AWAY IN VICTORIA SATURDAY Victoria. April l'j�Mrs. Elizabeth Wilhelmina Pooley. widow of the late Hon. C. E. Pooltw, and mother of Hou. R. H. Pooley. attorney-general passed away at her residence here on Setiu'day afternoon. !n her eighty-third year. Hopewell. N. J. April 20�Colonel Estevan ! considerable attention last week. The club had a very successful season last, rLoomp. year, staging a number of competi- � v l " � tions with outside tennis organizations,, TT and closing with a small credit balance, j D "'. McDOnald F G McBride; He wa.s making a trip in a rowboat. �... ,,m,..^. ,�� :.� r.inh t.ivi. r�r :u, ^^^ James Giscqme. Braitlnvaite,| supposedly in.connection with the re- Chorles A. Lindbergh believes he and hLs associates are still in contact wkh the kidnappers of his infant sort, but > en attempt is being made to veil all effort-; to bring about the return of the child. Dr. John F. Condon, the George; j man who made the $50,000 payment T. Mud River: Foote, i to the kidnappers on behalf of Lind-Lake; Lewis. Hiram, i bergh, had a narrow escaix? yesterday. John. Fraser Lake: Foote. Charles H., Fraser Lake: Houghtaling. Charles, Prince George; Fallon. Harry Nechako; Prout. Caleb. Vanderhoof; Egerton, Ait Long-worth: Lockyer. F. J. Prince Barclay. Robert, Prnce Allen. A. W.. Prince George; Miller, W. H.. Vanderhoof; Borke, James A.. Snowshoe; Hunt. John. Ne- PREMIER MACDONALD SUFFERS RELAPSE IN HIS CONVALESCENCE London, April 19�Premier Ramsay MacDonald, who has been convalesc-mg from the effects of the recent operation, upon his right eye. is report-ed by attending-physicians as having suffered a relapse. It is not considered "Kfly he will be able to keep his ap-Wintment with Premier Turdieu. of i-Tance. at which disarmament and the Danube plan were to have been discussed. . Betty Lamb secrety executive committee 'is composed of rented at $1.00 for the season, i W R Stone o O�r-�ton George Sadden Birch. Dr W. Ross Stone. and Mies Dorothy j Fras-er; Allely William. Shelley: Me- tiuii of the child. .When the boat upset and the doctor had a long swim :n the cliilly waters; By reason of his advanced age his exposure may result complications. Westphal. at Trembleur- Lake-. Then? were three men in the party�Fredericks. Max Westphal and Herman Peters. They disappeared, but the bodies of Westphal and Peters were found months later in a hidden grave, near the shore of the lake, find Fredericks was brought back from Alberta to an- The ladies of the Royal Purple lodge will hold their regular monthly chax- FEDERAL GOVERNMENT MAY ADVANCE FUNDS TO COMPANY j Kale.- James�McBride: Averill. M.,-i-sv.er to-i\�charge- of_. murder.__ i I f J Vanderhoof; Prestlin, M. A.. Giscome; j On lvs fii"st trial, before Mr. Jus--Mflne. Sam. Vanderhoof; Haydon, OS- j tice \V. A. Macdonalcl. a year ago. the car N.. Prince George: Lai"sen. Nels. j jury disagreed; Fredericks was tried Vanderhoof; Samuels. Horace, Vander- , \ second time at the fall assize before Ottawa \t>ril 19�Premier Bennett: hoof; Hutchison. Alex. Prince George; \ Mr. Justice Fisher, when the jury, re- u� KHriVT th?"Elks"HaF"on":Che : irjSed'toe house of commons today | Ho^ieson, William. Piince George: tu:nud a verdict of guilty, and the e/enSff SmSday^pS 28tl? Play; SIT was likely tiie federal govern^ Monroe. Adrian A.. McBride; nxid moused was sentenced to be hanged SSwnmenS rtSo