Mahone Bay Old School_A Life and Times_Bob Sayer

Photo: Courtesy Margaret MacLean-MacKay Collection
Take Zwicker to Court
• In September, after the August deadline set by the Board, the main block was
still there, and the new School Board and Town Council had had enough. O.S.
Joudrey, was directed to inform Bridgewater’s Arthur Roberts K.C. , Barrister
and Solicitor, to initiate legal proceedings. The lawyer reported [in letter dated
October 13th 1919 to O.S. Joudrey] that he had initiated proceedings for:
‘a writ in the Supreme Court at the suit of the Town of Mahone Bay against
W.H.S. Zwicker for damages for trespass by refusing and neglecting to remove his
building on the lands of the Town … for a mandatory injunction to compel the
removal of the building’…….
• There was an ironic outcome. When finally moved in early 1920, the
building collapsed and disintegrated. Serves Mr. Zwicker right!
Judge Longley found against him-the tender did not include fittings. He was
fined a token $10 and ordered to pay costs. The school ‘Davids’ had taken on
a local ‘Goliath’ and won!
The case actually came to court in July 1921. Mr. Zwicker insisted he should
have received the bell [used as the Town Fire Bell], the fire escape [sold to
builder Eisenhauer] and some seats [moved to new school].
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