Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 26, 1915, Winnipeg, Manitoba Manitoba free press Juke-26, 1915. Commission rules Kelly must appear but will give Opportunity to have Power to compel attend Ance tested in courts. were made to the Royal commission yesterday which indicate that Thomas Kelly will fight resist be ing compelled to give evidence or to produce his books. If he refuses to attend on subpoena he May be committed to jail for contempt of court. Their lord ships announced that they will. In All respects assume that they have full Power to compel the at Tendance of witnesses and. The production of documents and will take Steps to enforce Obedi ence to their decrees. Edward Anderson k.c., appeared before the commission when it met in the interest. Of Thomas Kelly and sons. He explained that he was acting As Locum teens for. F. ship pen. Urging that the Kellys should not be compelled to appear nor to produce their books because of the they will be. Subject to a subsequent criminal action he asked the commission to Rule in that Way. Chief Justice Mathers re ply was unfavourable to this re quest. His lordship said the com Mission would assume that it was and was endowed with All the Powers of an Ordin Ary court. If witnesses refused to obey its directions they would be held accountable. It was then suggested by or. An Derson that although the commis Sld has had its Powers ratified and confirmed by a new order in coun cil they do not so so far As to enable it to Send a Man to jail tempt. His position was that under the provincial act no commission could be appointed with such Exten Sive authority. To this proposition chief Justice Mathers said he agreed that the matter should be tested in the courts. The commission head ded did not desire to Send anyone to jail unless it was properly auth Genje Tal advertising the Joy of 8eing of live Uno ill restored to health by the famous fruit Medicine May Confer. 1 think that would greatly remove your objection. Not Asree. Or. Anderson did not agree. He said the examination before the Coin Mission would be equivalent to an examination for discovery. His oried to do so. Nevertheless his lordship made it quite Clear that pending a decision on the Point by a properly constituted authority the commission would act on the As sumption that its Powers were full and. Complete. Liberal counsel say they will not be surprised if or. Anderson refers this matter to the courts at once. Probably he would apply for an in Junction restraining the commission from compelling Kelly s attendance or else an injunction restraining it fr6m imposing any penalty should Kelly attend but refuse to. Give Evi Dence or produce documents. Will ask for injunction. Questioned on the , or. An Derson said he intended to apply to the court of King s Bench for an in Junction. But he had not decided exactly the form that his application would take or. Anderson s statement. When the commission met today Edward Anderson addressed their lordships on behalf of the Kellys. He said that or. Phippen who is out of town had asked hint to act for his clients with All due re Spect intended to refuse to obey any subpoena which might be served. In client was under suspicion of fraud and should not be required to fur Nish evidence against himself. Chief Justice a is under suspicion just in the Way members of the late government Are. They did not on that account contend that they should not give evidence Heie. Or. Anderson referred to or. Wil son s remark that Kelly might Ulyish to Clear himself of the allegation contained in Horwood s evidence with respect to the visit to Shankland. But further evidence he said was to Como out. He understood that the evidence of or. Shankland would be taken and that he would deny the accusations levelled against him. Or. Wilson asked How his Learned Friend knew that. The newspapers said this Moran or that or. Shankland1 would be called but not that he would deny the or. Anderson or Montague sats Kelly was t continued from Page one said he was instructed by his clients to that effect after consultation with his col leagues chief Justice Mathers said All the commissioners were of the opinion that they were prepared to exercise All the Powers assumed to be conferred by the commission. As they had before announced they would assume that the commission was Ultra until that Point had been determined before a competent tribunal. Until then they were pre act and to exercise the pow ers assumed to be theirs. said his lordship that the Kellys Ara most material witnesses and that they can disclose matters which will Aid us materially. We also think the production of their books essential. We think they should be subpoenaed to come Here and bring their books. If they attend in obedience to a subpoena and claim Protection we think they ought to be protected. A agree with or. Anderson that it would be. Mifa in that they should be compelled with out such Protection to give evidence which might be used against them in a subsequent criminal proceeding. In and prof Brydone Jack gave Evi Dence which or. Montague interpreted As meaning that the govern ment made no mistake in this Mattei. Prot. Brydone Jack will take the Brand again and an attempt will be made to Clear it us finally. Or. Montague was examined yesterday in the vice regal suite of the Hoyal Alexander hotel the Public not being present. The commissioners agreed to this owing to the witness indifferent he4lth. He appeared in somewhat Negligee apparel wearing a Brown handkerchief instead of a Collar and tie. Beads of sweat ran Down his face As he testified. His examination will be continued in the hotel on monday morning to at 10 . Session the first place there were the special the event of their refusing to attend reasons advanced by or. Phippen the shall take will depend reasons _ n those prosecuting the to the effect that the commission Nad no machinery to compel the attend Ance of witnesses. Again or. Ship pen still held that the commission itself was still Ultra Vires. Or. An Derson said he understood that an order in Cou Vicil had been passed giving the commission the same Powers As any court. But thers would be other objections. However there was a. Strong ii reason. It had been announced that a civil suit would be entered against Kelly for the recovery of damages. Further it was understood that should the evidence appear to War rant it would. Be a criminal charges desire us to or. Anderson raised again the question of the Powers of the com Mission. He did not think even with its confirmed Powers that it Hill Power to punish for contempt this he believed to be the Rule of any com Mission which could be appointed under the provincial act. The order in Council he believed conferred on the commission All the Powers of an Ordinary court. But the question Way whether this included the Send a Man to jail for contempt. To believed that while for certain Pur poses the commission Hud All this Powers of a court its Powers did not mde. Rochon Rochon March. 2nd, 1915. I have uie most wonder Ful Benefit from taking Pruit a Tives i suffered for years from rheumatism and change ref. Life and i took every remedy obtainable without any Good results. I heard of fruit a Tives and gave it a trial and it was the Only Medicine that really did me Good. Now i am entirely Well the rheumatism has. Disappeared and e terrible pains in my body arc All so e. I am exceedingly grateful to fruit a divest for. Such Eclief and .1 Hope that others who suffer from such distressing diseases will try Kurult a Tives and get Madame isa1e.rochon. The work that " fruit a-tives1 is in. Overcoming Dis ease and Healing is win Ning the admiration of thousands and thousands 50c for1 trial size 25c. At Al dealers or sent postpaid by fruit a Tives limited Ottawa. Was so thin her Bones rattled Bald Erie on. A. M. Brandt on twelve pounds. Jjo longer laugh. Action in fact or. Hudson the at far Enouf h to. Enable it to in Iliot Torney general had him that if the government believed the Evi Dence justified it it would prosecute or. Kelly. Under British Law said counsel no Man could be. Compelled to Kive evidence against himself it would not be fair in the circumstances therefore to compel the Kellys to appear. Or. Wilson replying said his object in giving the Opportunity to appear to give them an Opportunity to meet the Evi Dence directly brought against or. Kelly. There was for instance Wood s testimony that Kelly went to Chicago to see b. Shankland for the purpose of person to make dual plans. There was also the evidence connecting Kelly with the Salt negotiations and with the alleged Campaign fund. It appeared however that or. Kelly do refute or. Horwood s of guilt. Hot wish _ to i a Dmia Sion i or Wilson reminded that Kelly had resisted. Pro of documents. This seemed to him to put the contractor practically in the position of admitting the charges. As far Situa Tion was concerned his position was that at least the contractors should be put in of making lie fault. They could perhaps be brought before the. Commission where they could decline to give Evi or Anderson returned that if this investigation were a final one i Kelly might be willing to Avail him Elf of it to vindicate himself. But that in All probability not he it would be unfair to fire his attendance. Chief Justice makes sufi estion chief Justice ils commission gave or. Kelly the Assurance that any evidence which b should rive to the commission not be used against him. The attorney Rener a has assured us. The Rowh will respect any Protection we plump healthy. Athletic woman howl. Am very Gln a that no last have Jound something thut can put flesh pm m tines writes miss a. M. Huldebrandt my friends always said we need not a your face no Long As we hear Bones around the but now they say How you look i we shed took Tarsol. And rom monday till the following saturday gained 6 pounds an sailing every Day since. To Day 135% am taking Sargol regularly and twelve pounds already says ills Miller and Leo. Johnson adds Sar is certainly nil right. My weight. Present is 178 pounds. When i started 151 a 27 Pound gain. Would you. Too. Like to quickly put o from 10 to so pounds of Stas there flesh fat and muscular tissue be tween your skin and Jones Don t say it can t be done. Try it. Us Send you free a soc package of Sarso and prove what it can do for you Mort than h Alf a million thin men an women have gladly made this an that Tarsol. Does succeed does make Tel folks fat even where All else has Falle is Best proved of the tremendous Busone have done. To drastic flee maa Safte oils or emulsions but simple harmless Home treatment. C out the Coupon and Send 3tre package to Day cents in 1 Siver to help pay postage packing Etc. Address the Sargol co. 1962-f. Hera bldg. X. T. Take Sarg with your meals and watch it work. The test will Tell the Story. Free Sargol Coupon this Coupon with 10c in Silver to help pay postage packing -Etc., and to show Good Faith entitles Holder to one soc package of Sargol free. Adt Drees the Sargol co. 1962-f, Herszd bldg., Binghamton n. T. The Pink of health jail sentence for refusal to pro documents or to appear i am disposed to agree with Aid chief Justice Mathers that Tho 3oint you raise is not trivial. 1 am for myself alone in this think should be 4 Iven under these circumstances to est our Powers. Wei ave no desire o Send a Man to jail if not he Power to do so. But we intend o do so if we Are asked and have the Power and witnesses refuse to do As Back to school Days for thaw evidence new York june in the proceedings to ascertain whether Harry k. Thaw is now sane 01 insane was divided today Between Tolje taking of evidence in court Here and the application by counsel for the state Tor the appointment of a commission to learn from or. Charles w. President emeritus of Harvard Why thaw left that institution in 1802 without com his course. Or. Cook said he was informed that thaw was called to the office of the president of Harvard at noon and told to leave the University by 3 o clock that Day. Thaw denied this in a state Merit. The Deputy attorney general said he would Endeavor to read to the testimony Given by thaw s another mrs. Copley thaw at niui1 Der trial to which or. Cook referred in his opening the most Complete history of hereditary insanity in court for Twenty years. Or. Noel e. Guilleux of Manchester n.-h., who lived next door to thaw in that City the first witness to Day. He said he had seen much of thaw and found him rational. One of the things he had discussed with him was Corporal punishment for Chil Dren and he that had intelligent ideas on. The subject. Came said or. Guillett to prove that we in think thaw announcement was made by or. Cook Ilia state proposed to stage in the courtroom the moving pictures which thaw posed for during in Canada and Hampshire. Or. Montague on being examined by or. Wilson was reminded that when he was last giving evidence he had been speaking of the contract which he said had been negotiated by the Premier. What do you know of the con or. Wilson asked. Or. Only know that it. Was in the. Papers when i came Back to the you Don t recall hearing of it. Be fore the Short session of have no recollection of doing when you made your speech at the Short session about this contract it was merely from the information got from examining tha document subsequent to that did you have some arrangement made by which the contract applied to something beyond recollection of the whole matter is this the Grill age was a new term entirely to me. In my speech in the House i emphasized the word because it was word to denies printed report. With the object of assisting or. Montague s memory he quoted from a. Report of the sex minister s speech As follows " again the. Con tract for steel Grill age on the South Wing and dome had also been let and this involved an additional which would later be deducted from the Cost of these sections of the build ins or. Never made that statement. Or. Is an error in the printed or. then that he a sked his son who was an Engineer what the term Grill age meant Anc had been informed that it was the beams covering foundations. Mediately occurred to continued or. Montague that we had bought the whole of the steel including Gril Lage for the North Wing for and that there must be. Something wrong with this contract for which Only included Grill age. I explained that to or. Horwood the architect. Or. Horwood replied tha if it Only included the Grill age i must be a mistake and that there was a portion of the steel included in it. I wanted to know what the i plans or. Horwood told me a mistake had been Mads in connection with the matter. I immedi Tely said it must be corrected and the statement that the contract had been approved on. The recommendation of the minister of Public works. Or. Montague said he did not remember making that recommendation. He immediately spoke to sir Rod mond Boblin about the contract and told him that no plans Adibe Etc pre pared. He also told the late1 Premier about his ideas of what was Best to. Be done and sir Edmond Roblin agreed that the contract would have to be cancelled. At his request sir Rodmond to Kelly and Kelly agreed to its cancellation. Or. Us All about is there is surely something is nothing More except that the documents were destroyed to prevent complications with Ine con tractors _ who destroyed Des troyed some and sir Redmond Des troyed copies of Kelly s contract and whatever documents he had regard ing it. I Don t know whether it was agreed that our consultation about destroying the records should apply to the was it or was it not your Intel Ion original order in coun in should be m mention undoubtedly was to destroy 11 the records that would be in any Vay by their existence the cause any complications you wanted no evidence to appear n record that such a contract had ver been go feared complication. The very reason that complications might arise with the contractor but if you cancelled the contract How could complications arise if Tea contractor were willing to hand Bali its i am not a Awyer. I May not have done it in he Best Way but that was the Pur you had nothing to do with the making of the Don t remember the at All. C had never discussed it in any shape or when you saw the contract for you thought it was for the dome suppose i that shocked chiefly concerned me was that As the dome was a most important feature of engineering i was anxious j no mistake should be made in. Con i Section with the plans. I did not i question any thins about the figures because i realized it was necessary to cancel the contract As in my judg ment plans hid not. Been prepared by a Man of sufficient skill to prepare such do you question statements which have been made in evidence that plans at far As i know there were no you found the Premier had let the contract for for a dome in respect of which no plans had been did not know of any plans being prepared but during my absence it was possible for plans to be got when you Learned there had been a contract let tar for the dome alone i would have expected you to make some inquiries As to How it came to be just did what i have told did the amount not strike you. As. That or. Horwood had reported that would cover the whole Cost. Is this or. Horwood total Cost to be you persist in making that statement. But his it is not necessary to. Read that. Do you say. That or. Trl Orwood s re port told you that it was additional that is what i understood. Arid Kelly had a tender in at where do you und anything in or. Kelly s tender to indicate that this was Well. I have Given you All the Evi Dence i have on the subject. Prof. Brydone Jack i. Shankland and or. Horwood ally swore it was and chief Justice had not sworn to it when you got their under the original contract for estimated that the work would com very same work that the new con tract took the place would not admit t. Or. Montague would not admit this. He repeated that he understood Hor Wood s estimate of wa.3 Art Dit ional. There was no question what Ever that Horwood repeatedly told him the amount was original. Hor Wood s report counsel pointed out contained a clause Reading the amount of difference in Cost Between Tho reinforced Concrete i Nave not made or. Montacue said there was no sense in it and counsel agreed there seemed to be a word dropped. Read ing again from Horwood s report he asked the doctor s opinion of the Fol lowing clause and if this steel work is to proceed n 1914 it Nusl. By con and the do disc traded for at once and the Sci or. Wilson pointed out that or. U s Ade on an eau table basis Fritch e i on Rrt Man nil Montague s recommendation to Council said the would be increased Coso Why he asked was this done when none of the reports justified it or. Montague said or. Horwood told him this would be . I suggest to you that your intention was to give Kelly this contract for and to allow him to re he wanted expert opinion. Or. Montague explained again. "2? rein Horwood Sel ube sus titled he told that he wanted expert opinion on the Malter. Hoi Wood gave his report to i Gether with the reports of others. He or. Montague Sai d he asked Hor Wood to get Kelly s tender and to vile he did at the same time recommend ing that it be accepted. Horwood told me said that this was to be additional Wilson insisted on further in formation but or. Montague said stubbornly that toe had told All he knew. Or. Wilson read the clauses again to show that the written in letter did not mean additional Cost. It is absolutely at variance with what he told said the witness what do you think these Claunts mean asked or. Wilson. I can t interpret do you Tell me you Are he told me half a Ryozen Timet began the doctor. Or. Andrews lumped to his feet and a Lone Legal argument ensued .11 to whether the Point should be pressed. Or. Wilson asked he chair continued on Pajic ten monday tuesday wednesday the last three Days of the halt year every Day a bargain Day in our Busy men s Corner 25c no phone orders filled. Men s Negligee shirts a clean up lot monday see main Streeb window no . Orders. Men s Lisle and Balbriggan under Wear special for monday half year bargains 5c men s 15c, 20c and 25o soft summer All sizes for monday Day. Also boys sizes. Be Early monday.--------------. Half year bargain 5c half year bargain work shirts 65c All All sizes. Special monday. Half year bargain flannel Ette pyjamas 75c All colors All sizes. Special monday. Right troubled s every woman s but Many Are Sallow complexions headaches backaches Low until they learn that sure Relief May be found in Din Tieu .1 bpcd.1 to b. A sport representative. Victoria b. C., june Madge Griffin will of Tho sole Brit ish Columbia representative in the International indoor swi rimming championships which will be held at san Francisco on july 16 and Griffin will Start in the-50, 100 and 440 Yard events. Clear thinking is impossible with out healthy Bowel action. Rexall orderlies Are a specific against constipation. Sold Only by Gordon Mitchell drug the Rexall store 25c and 50c one name a the Mutual life Assurance company of Canada that is significant for among All the Canadian Legal Reserve companies it is the Only one organized on the Mutual principle in a Mutual company there is no Stock there Are no special dividends the policyholders Are credited with the whole surplus. It is co operative and economical life straight from manufacturer to the Mutual life of Canada Brest e. Bisset manager a Vrance dept. Fox 1000, Lindy baud inc Winnipeg Canada s Only Mutual lat the contract must be made to include sufficient steel at at which bought the steel for the Orth Wing to protect the. Govern ment. Or. Kelly who was present yith. Him agreed. Or. Horwood said n error had been made and they Kreed to Correct How did Kelly come to be pres have no recollection whether or. Horwood brought him r How did the matter come to your was this before you our speech in the memory does not serve me very Well Vith regard to that. It might Fieh a week or so after the Short . In any Case As soon As i Loti eed the matter i made in the Short session ended about september -20, and or. Shankland came up about october 2. Do these dates help you did you have this consultation about changing the con act before or after or. Shank and s would not say that. Only remember the facts of what did. I made them have new plans drawn or at any rate gave Horwood instructions to get new. Plans for the purpose of binding the contractor to 3lift in the Quantity of steel which be ought to put in at the Price we for in the i also told. Horwood to notify me when he plans were prepared and i would review the whole matter and get expert in other words or. Horwood was to go into the whole matter of find no out How High it was necessary to go in order to get the extra work done As the was too Little Tor what was to be done something Nad to be added to make a reason Able Kelly and the mistake. What was Kelly a attitude that he had made the Don t remember., discussing that with him. I think or. Kelly said there had been a mistake but his attitude did not bother me at All. I understood however he agreed to the Altera did he so Tell you at the must hav-3 done so. I know that or. Horwood said he had agreed to sign the new that was later Don t the plans were until after the Tarn trying to get Kelly s attitude at the Don t remember that. It must have been agree am i right in putting it this Way that Kelly was willing to give up the strict letters of his contract and to make it include a lot of steel that was not presume so As to make up to meet my demand for what was would be getting very much More than he was entitled to on the strict wording of the thought and he took the same View Well i presume he you were informed that Kelly had ironed the amended plans did you verify they had Kelly s signature on the plans produced do not contain any is an extra Ordinary does that suggest that he might have approved of Che plans without placing his name on Don t recall the circumstances to except that Horwood said he had got the plans or. Wilson Here remarked that his instructions were that the plans did not have Kelly s signature. Or. Montague remarked that it was his information that they were signed. He knew or. Horwood brought in but he wit Ness would not examine them critically. Dome contract asked about the contract for the dome or. Montague stated that when he returned to Winnipeg either sir Redmond Roblin told him about it found the contract Amon the papers. With regard to grossly have already told you that i wanted skilled Engi neers did it not strike you to make in As to what plans you i have Given you All the information i know about did you believe plans had been did not investigate the would it be proper to make such a contract without had any estimate been think an estimate was prepared by or. Hoi Wood but i did not see How Premier proceeded. Did sir Rodmond Tell what he had think he said he had proceeded on the recommendation of or. did not occur to him. I Sug Gest to you that this amount for the dome was so excessive that it led you to think something was it did not occur to the fact that the amount was excessive had nothing to do with your desire to cancel the or. Montague fenced with the ques Tion until or. Wilson said he would Nave to ask the commission to direct the witness to answer the. Question. F. Told you that it had bean communicated to. Me that you saved the province from worse losses than had already occurred. What i want to know is this was this con tract one of the things you saved the i believe the dome will not Cost As much As it would have saving the province. I were you anxious to. Save the1 province from an exorbitant Cou-1 i was always working along that -1 c. P. Wilson insisted on the wit Ness answering the direct question As j to whether he cancelled the contract because the Price was exorbitant of i Ter much questioning witness admit i Ted that i would the Price was c. P. Would think so doctor. Or. Wilson then asked whether wit Ness enquired As to How it was that this excessive amount was paid to the Kelly s six Days before the elec Tion. No. I did answered or. Mon Tague. A p. Wilson i suppose the Rea son was obvious that if he were giving such an excessive amount he was getting a quid pro not discussing what is obvious or not declared or. Montague. You May think it was if you when he saw the contract and or dered its cancellation was a few Days before the Short session in september. This to be applied to All the work above the to see it queried counsel. After examining it witness said that he did. It included nothing but Grill age apparently admitted the witness counsel said that witness knew that at the Short session there would be enquiry the Cost of the parliament Tuipul jigs and or. Montague said that parliamentarians always expected that. You said at the Short session that the Paris cent buil diners would Cost four and a half millions. Will you indicate How that is made or. Montague was unable to do that. Telegram report inaccurate. Dry Montague said that the report in which the Telegram said stated would be deducted very inaccurate he was asked whether the amounts totalling which the Prei sir Rodmond Roblin had added were the extras he expected was that the 25 per cent extra of which the estimates had ? or. Montague stated that when he gave his evidence on previous occasion he did not properly under stand those and he then went on. To try to explain that he thought the whole contract would be 25 per cent extra. Considerable argument took place on the meaning of this 25 per cent., Between counsel or. Montague and chief Justice. The chief Justice pointed out that to his mind the 26 per cent extra meant that if the reinforced Cost and the steel Cost the government would have to pay or. Wilson this was his understanding also but charming imported voile dresses these Are very Eliric models. They come in voile a Organ Dies linens crepes Palm Beach cloth Broad stripes stripes in Coin spots. 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