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Tous las autres exemplaires originaux sont filmte en commengant par la premiere page qui comporta una empreinte d'impression ou d'illustration at en terminant par la darniire page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernlAre image de chaque microfiche, selon le cas: le symbole — ► signlfie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmte i des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reprodult en un seul clichA, il est film* d partir da I'angle supArleur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'imagas nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 5(^^ THE HISTORY (oj^hi or A K lailriali liffirultij. BEING AN ADDRESS, DELIVERED AT A ^ PUBLIC MEETING c OP TIIH mHABITMTS OF PORT HOPE, IN THE TOWN HALL, ON SATURDAY, THE 23RB AFi{lL,518oO. BT JOHN FOWIiEK, ESC|1JIRE. C. Roger, Printer and Publisher, PORT HOPE. /ir>- ^J 'C-.j;- >lHT > %'» ♦^1 ^^f^' I It i } I r ..^a_>I: 11-0 .(I. /.- r;::t"/i,':i(( « "J H 1 ". r ' [■iU:{ Li 01 ^:;!n.f ih^K*^- I'':' J r/Ti .JiiiiiJP*'.:-. ,S;,.u.S^^ii/'K #Ui»>1^ Si* s '! ,''- ^ ^iei-stn.i^' , 4\^'"-*"'-^^^ ¥^ ^"'i-^. •u>i?«'~«ij, \ T THE HISTORY OF A 'iHifci lailrna!! CEIKG AN ADDRESS, DEUVERED AT A I II "J H i PUBLIC MEETING OF THE INHABITMTS OF PORT HOPE, IN THE ♦ u "/''y 'V if -7 TOWN HALL, ON SATUEDAY, THE 23ED APRIL, 1859. BY JOIIM FOWLEK, ESQUIRE- C. Roger, Printer and Publisher, PORT HOPE. *"*.»» »i«#--^'«*. «» I THE HISTORY or A RAILROAJ) DMICULTY, BY JOHN FOWLER, ESQ. The public lecture-room in tlie Town Hall at Port Hope, was filled to its utmost capacity on Saturday, the 23rd April last, to listen to an address from Mr. John Fowler, the lessee of a portion of the Port Hope and Lindsay Railroad, and the Proprietor of a portion of the Branch to Peterboro', in which it was his purpose to recapitulate all the difficulties, past and present, of the road, his own exertions in connection with the construc- tion of the Branch, and to point out the tyrannical, tricky, and otherwise unjustifiable course of conduct, pursued towards him and the stockholders of the Rail- Way generally, by those Directors of the P. H, L. & B. R. R. Co. who held, if they do not now hold, a cc at -oiling influence over its affairs, and are attempting to siicrifice the interests of those, who are responsible for the money incurred to make the road, to provide and maintain the rolling stock, and for keeping the road in working order. There were fully six hundred persons present when Mr. Fowler rose and said : — Gentlemen, I stand here to give a lecture, and must beg your indulgence, for it is not a calling of mine, but one that I h^ive been forced into. When a man sees an enemy ahead of him, he naturally makes up \ his miiul to fight for his life, and I am in that position. 1 am ht^ro to maintain my own rij^hts, nevc^r having asked (or moro, and i'nlJy as determined to have, as to assert tlicm. It is well knowji to you that I undertook i\w construction of'tlie Hranch Rjiihoad to Peterl)orou*|fh, when no one else woidd, and when Grand Trunk and Port Hope inlhiences were opposed to it, and were figlit- ing aj^ainst me. The proposed branch I looked upon as a first rate project, and fouglit streimously for it, expend- ing thousands of^ pounds of my own money. I was determined to make the railroad or ruin myself; and at that time I knew nothing of Peterborough nor Port Hope, but I had seen the country through which the road was to pass and no one besides myself had then seen it, and I knew that a road could be cheaply built, and must idtimately pay. I went on step by step, and when the branch to Peterboro* was contemplated, I was taken over the line, through swamps, and over hills, and was told that I could not build the road for less than J5000 a mile ; but I thought that i;3000 would cover my outlay and agreed to take .£1000, and I have built two miles more than I agreed upon out of my own pocket. I obtained the contract and went vigorously to work. The road was graded in an inconceivably short space of time, and the result was that representa- tions were made that I could never finish the road, as the embankments and indeed the whole road being made up of slop and slush, and snow, would disapj)ear with the spring. People went so far as to assert that c£20,000 a day would not finish it within the given time, and they wanted to let me go. Even John Shuter Smith said it was all rubbish, dirt, ice, snow, mud, stumps of trees, and such like, and that it would disappear when the warm weather came ; but it did not disappear, nor will it disappear. It is I whom they want to disappear, and for whom they have set a trap, which, being ever jealous of them, I perceived in time, and the trap, which was set for me, they themselves have fallen into. (laughter.) They said it would take twenty thousand i I 5 position. )r liaving vc, as to indortook •l)orou;^Ii, nuik and ore fi«rht- d upon as , expond- I was f ; and at nor Port hich the had then ply built, step, and ed, I was vcr hills, less than lid cover ave built my own igorously iceivably proscnta- road, as id being- lisappear sert that ^en time, ter Smith tumps of !ar when pear, nor isappear, ;ing ever p, which en into, housand i i pounds to finish it, but I have not received a singhr shiilinof. Those who want to rob me out of the railroad conid not finish it. They cannot bear to see ine, and iiitt'iid to choke; me oil". It is very clear to all what their present object is. There have been repeated bick- erini^s between the Smiths and me ; but these dilHculties have been made up. They have pretended to be my friends and all diflieulties have been lost sight of. Had they ackiiowledj^ed themselves to be, what they iinde- niiibly are, my fjreatest en<*mies, I could have known how to treat them. I have never asked anybody to do for me a dishonourable action — I have never required anybody to do a dishonourable action in any shape whatever — and I can put the Smiths and all such as they are at defiance. The makiui?- of the railroad went on and I thought that this slop quaiTcl was made up. I thought that the Smiths had learning enough to know the difference be- tween right and wrong, and I thought they would do right. When all was apparently right again and a general election coming on, John Shuter Smith says, " Fowler, just assist me and you shall see what I can do." I said I would, but found that 1 had done wrong in doing so, and during election time I went to Peterborough to keep out of the way. lie told me afterwards that if I could have come and gone through the country with him, he would have got in, and I could perhaps have got him in, but I asked nobody to vote for him. It would have been the worst thing that ever happened me had he got in. He spoke of what he would have done, and he would certainly have done something for the railroad and forme, but not to the particular advantage of either. I had seen too much of him to trust him. He felt an- noyed and did everything to annoy me, because I had not used my influence to send him to Parliament. But, dropping this mode of petty annoyance, he became con- siderate and even kind. Another election was fully expected, and I was asked to see Mr. Needle, and did see him, but did not speak to him about the election. :^ James Chambers asked me to endorse a not(; for him, statinj? a party connected with the Smith family would discount it lor him ; but Mr. John Shuter Smith tried to persuade me not to endorse it unless Chambers would support Shuter in the election. I endorsed the note without carinj^ for that, beiu^ always suspicious of him, and thinji^s went on much as before. You will excuse me for dijmith tried bcrs would d the note )u.s of him, vill excuse iistomed to avor to as- ic I got tlie before tha rufi desigu- ^arliament »t abrogate it and day. d drove it iigning the )rs thought > send men t letter ap- ? that the 9f Novem- d verbally TheDi- ad as soon J the open- resolution Ihe Port Hope, the Millbrook this Company Pcterboro', as Port Hope vice )aid to tno con- ith locomotives I, the Company ling expenses; paid at the rate tor maintaining satisfaction of the l''n>,Mnocr of tlio Company, ami to keep at lonut a man por mile constftntly on iho lino to iniiiiitaiti tho truck in pood order, nnd thirt iirmn.'cniont not to inter- fero in any way with tho duo fullillniont of tho contract I'ltr tho confftruction (»f thu Haid Huction— tiio Lindsay und i'uierboru' tratlic tu bu divided aa tho aamo may l)u cuUoctod. 'l'hat'.s a resolution which I agreed to, and they started under it, kept running along, and my returns wert; pretty good ; and so they should have been. I expected to make jt'3,000. The running luuler \\ni agreement went on until thi^ 19tii of October last, business still continuing to be brisk, but the Sjniths were disappoint- ed. They thought that I was getting more money than I ought to get, and by way of annoying me, these fel- lows — I do not call them gentlemen, because that would be calling them out of their names, and I don't wish to do it — spoke to me of getting rolling stock to put upon the branch by the 13th of November. They said that I could get rolling stock from them on as good terms as I could get elsewhere, and I assented. A con- versation then occurred, in which something was said about buying me out ; a proposition which I scouted. I would not listen to it for a moment, and the result was sharp talk for a few minutes. This was in the Board room at a meeting, and they told me to go out for a minute, and I withdrew for half an hour ; on my return Mr. John Shuter Smith said: — "Fowler, there is only one course to be followed," and I said well what is it — only name it, perhaps we shall agree. He said, " it is to buy you out." I laughed. Mr. Smith then read the resolution, when I said " it is a fair oflcr ; I will agree to that." I will read those resolutions over : Extract from the minutes of the Board of Directors of tho Port Hope, Lind* say and Boavertoa Railway Company, held on tho 19th of October, 1858. It was moved by Mr. Beamish, seconded by Mr. Kirkchoffer :— That tho interest of Mr. Fowler, and of Messrs. Tato and Fowler, in tho Peterboro' section of the Road be pnrchascd and a surrender taken of the lease, and an assignment of the stock to which they aro entitled, under the Contract, the stock £10^000 to be taken off by the Company at par, every balance unpaid of the subscnption? of the Municipalities of reterboro' and Port Hope to be pud in full, and all extra work, including all work dono within the limits of Peterboro' and extra weight of iron to bo paid for upon the estimate of Samuel Eeefer, Esquire, Government Inspector of Railways — tho purchase money to bo paid as follovs, that is to 8ay:^j(;5,000 to be paid oo the completioa of the n 8 Contractore agreement, and the balance to be paid in monthly payments of £500 ',.!.cli, until the v. hole be liquidated, such last paynmnts to be secured by first mortgage Bonds of the Company upon the Branch, guaranteed by the Municipal Council of Port Hope ; the purchase of the right of way to be completed by Mr. Fowler, and the deeds of the whole to be haudcd over to the Company. Dated this 19th October, 1858. I accept the above proposition. (Signed) JOHN FOWLER. Such is the bargain under which the road has been mnninsj up to Saturday last, and with not very many insurmountable difficulties to contend with. I must say a little about the election of Directors. These parties, who would be all-powerful in the manage- ment of the Road, said to me : — " If we only had Fowler we could do anything we wanted, but we can't work with that (meaning the existing) Board." Well, I said, I will soon put an end to that. I can elect five Directors from Port Hope and from Peterboro*. They declared themselves satisfied ; said they would work with me, and that it was the best thing could be done. I picked out Elias Smith, James Smith, Waddell, Kirkchofter and Fraser, as the Directors for Port Hope. John Shuter Smith expected to be Mayor, and would have been in that event a Director ex-officio. I agreed to fix that, and said that when they were prepared to buy me out I would go about my business. It had been agreed to put off the election until a certain time ; but the Smiths said that there was a By-Law, which did not amount to any thing, and although I protested against it, insisted upon having the election at what they said was the proper time. They would not put it oft, and I was satisfied that it should immediately take place. A meeting was held on the night before the election took place, when Mr. John Shuter Smith spoke of himself as a Director, when I remarked, " You are Mayor, are'nt you V* and he said no ; when Eraser's name was taken out and Smith's substituted. The election took place on the 18th of January, and the first meeting of the Board took place on the 2nd of February. There were three Peterboro' men present, the Smiths and Waddell. Resolution after resolution was adopted, and Ferguson, Ll lymenta of JE500 secured by first )y the Municipal )o completed by ic Compauy. d has been very many f Directors, he manage- had Fowler can't work ^ell, I said, I ve Directors ey declared fk with me, e. I picked kchoffer and lohn Shuter ave been in I to fix that, t>uy me out I c;n agreed to it the Smiths at amoimt to jt it, insisted ;aid was the [] and I was 3 place. \ election took of himself as ^ayor, are'nt le was taken >n took place eting of the There were md Waddell. [id Ferguson, 9 one of the Peterboro* Directors, was appointed a mem- ber of the Committee to arrange about the payment of the men. They (simply llattered him ; knowing better than to contradict him just then. The matter was dis- cussed whether it would not be better that the Bond- holders should come in. It was the best thing possible that the Bondholders should take it. The project seem- ed very feasible. Then there was some talking about their own petty bits of claims. John Shuter Smith wanted himself protected, when the Board nodded as- sent that the debt incurred to Mr. Smith for travelling expenses to England, was a just debt and ought to be paid. They knew what it was for, the President said it was all right ; and the Peterboro' members said " if it was right they had no objection." But John Shuter Smith had obtained his writ of execution for this debt before this conversation occurred, and the President, his brother, had it in his pocket, otherwise the Road could not have been stopped so soon. James Smith must have had the writ in his pocket. The next sub- ject of conversation was Waddell's wood. It, too, was a just debt, and one that ought to be paid. The case of that debt was also very feasibly stated, and the Peter- boro' Directors had no objection to its payment. That meeting i^asscd oft' very nicely, and Ferguson thought everything as fine as could be. He wrote me a letter (and that letter opened my eyes) saying what they had done and were doing. He told me about the execu- tions — Shuter Smith, Kidout and others, wanting pro- tection ; that it was the best plan to let the Bondholders come in ; and that there could be no trouble so long as I got my thirteen-thirty-ones. I told Ferguson that it looked suspicious ; that it was clap-trap to deceive the stockholders and himself That meeting took place on the 3rd, and the Road stopped on the 10th of February. A telegraphic dispatch was sent to all the Peterbor(>' Directors to come down. Tlie cars did not stop at Peterboro', Ijiit were sc^izod here. 1 saw Fraser nud said to him, "you ought to be on your gun rd ; yon are going 13 ¥ 10 to lose the road and destroy me ;*' and I told him about the resolution to hand over the road to the bondholders. I said further, that if no trains came they would insist upon having the Branch, and tliat I would find out if there were going to be any tricks He said what can be done, when I replied all you can do is to break up the meeting. Well, after it had been standing idle for three weeks. Smith said to mo, the road will be going again in a day or two, when I exclaimed, " wliat is it stopped for ?" He said pressing executions, and made a number of excuses of a like kind ; but I did not be- lieve all that the Smiths said by a long chalk. I went home and waited there anxiously for about a week. I noticed that very little was said about the stoppage in the Guide; occasionally a short article would appear stating that it would soon be arranged, and that Avas all. I began to think it was now time for me to move, as I was the loser on account of the idleness of the road, and I went to Toronto, There at the Kosin House I heard that the Railway Company had been sued by the President and the Engineer, and that judgment had been permitted to go by default, and not knowing but that such might be the case, I came down to Port Hope as hard as I could lick to talk to the Directors. They had gone to Lindsay to sell the Clifton, and I wandered about town. I saw Ridout at Heithering ton's, and told him it was most disgraceful, and that it not only was injurious to the Port Hope and Lindsay, but to all the rail- roads in the country. He said that the running had been stopped on account of pressing executions, and that no other course was possible but that of stopping the road. I talked as sharply as I could. A telegraph dispatch was then sent to the Peterborough folks, but they were too wide-awake and would not come. The Port Hope Directors then made up their minds to go next day to Peterbor j', and thought to slip off without me ; but in tliat Ihey Avere disappointed, as I was on liand. James Smith had a sot of resolutions in his pook(;t whicli he read to me and said " do tins, nnd nil will be well." When I 1 him about Diidlioldcrs. ould insist iind out if d what can to break up Insr idle for ill bo f?oin^ " what is it , and made did not be- dk. I went t a week. I stoppage in i^ould appear that was all. to move, as of the road, sin House I 1 sued by the idgment had knowing but to Port Hope ctors. They i I wandered 3n's, and told not only was to all the rail- dng had been , and that no 3ing the road. dispatch was hey were too 3 Port Hope o next day to t me ; but in land. James ^vhichhcread '11." When I 11 stopped on board of the cars I was asked where I was going and 1 said to V ■ joro' to look after these chaps. James SniilJi SMid "F svler, you need not look so shy, I have been told tliat you blame me," and I replied, it looks very like it, and alluded to the executions as being most disgracelul, and told him of what I had heard at the Kosin House. He said that Shuter did it for his own protection, but he could not make me believe that. I went up to Peterboro'. The object of the journey was that of getting a resolution passed so as to obtain from the Grand 'i'rnnk Railway Company the sum of .£30,000 in lieu of certain bonds, which they had. That resolution Av^ouldliave covered the Branch if passed. The Branch being now in existence and under the same charter as the main road, they thought it might be covered by the resolution, but the oily tongue of the Smiths had persuaded the Peterboro' Directors that it would not have that effect. It was loudly asserted that if this dodge Avas accomplished the executions would be staid, and there would be money in plenty. I attended the meeting. Only one Director voted against the resolution, and that Director Avas Ferguson. I saw into it next day and Avas satisfied that mischief had been done. A telegram came from Haycoc;k, one of those poor indi- viduals Avho ought to bo paid, stating that he Avanted his money. I telegraphed that I Avould come up. I remonstrated Avlien I got up about the absurdity of stopping the road for not more than .€5,000, not by dis- interested parties but by the manngers of it. The Smiths noAV received a telegram from Haycock intimating that if he could get jt*300 he AA^ould stay the executions. The question arose, " Avho is to raise this sum ?" I said to the Smiths " Avill any of you '?" and they answer- ed, " if Ave Avere to, the people of Port Hope Avould try all they could to make us loose it." Well, said I, I shall raise it myself, and I Avent to the Bank and got the money, paid it to Haycock, sent for the Sheriff to liberate the rolling stock, and so forth, stood my chance of being reimbursed from their 18-3 Ists of the road, and thus for 1 12 the paltry sum of i)300, was a railway liberated which had been chained by the Sherili" and was idle for three Aveeks. Who will say that this money coidd not have been raised on the very day of the seizure ? And yet in the course of three weeks a sum not less than jCOOO had been lost, as the earnings of the Branch alone, while all could have been made right for a third of that amount. The road could not possibly have been making less than £900. I thus had greased the wheels, setting all free, and the only thing was to keep the road going. It was however said that the road would be again stopped if the other executions were not paid, when I replied that is folly, as a man, on behalf of the Sherilf, can be named to collect from the amount of receipts all that is due, and the road be kept in proper working condition — anything would be better than that the road should be stopped. The Smiths now said that the only thing that could be done was to hand over the road to the I3ond- holders. I said that is very fine doctrine, but I do not believe in it, my road is not in trouble. They said " take the road and work it. You ought to have it aiul we will assist you." My reply was, place me in. a safe position and I'll take it ; the rolling stock for a railway is rather a serious matter. They then said they would furnish the stock, and tliat I might rnn over the road, during twelve months for nothing ; but 1 would not accept that offer, but said that I was willing to pay ci'lOO a month for the privilege, and would take from them one third of their rolling stock, allowing £5 a day for the locomotive, and so much for cars, when Ferguson wrote out a resolution to meet my views, but it did not exactly please Mr. John Shuter Smith, and he made out another to the same effect but worded somewhat differently. I, believing that they were acting in good faith, gave Mr. Ferguson power to make contracts, and then they went away and did not meet again until the ISth of March, when Cumberland was present and endeavoured to drive me off the track. He has not done it liowever. (liaughter.) At that m(;eung what crated which idlo for three uld not have And yet in an i:900 had )ne, while all that amount, inj? less than ting' all free, )ing. It was ^ain stopped en I replied leritr, can be pts all that is ng condition ad should be ily thing that to the liond- bnt I do not ^y said " take re it and we ne in a safe for a railway I they would ver the road, I would not to pay i: 100 e from them £5 a day for 3n Ferguson ut it did not id he made :l somewhat ting in good •ntracts, and lin until the present and lie has not (leiing what 13 was done may be seen on a perasal of the subjoined document : — ll'ASY. > Office of tiii; Port Hove and Ekaverton Railway Com Port Hope, I'Jlh March, 1S5"J. Join; Fowr.EK Esq., Cobourg. Si I!, — I lifive tlio honour to send to you the following copy of Ilosolutions, adopted at a meeting of the Board of Directors, of tho Company, held ou the iSth instant, viz: — Resolvid — That tho arrangements under which the Petorhoro' section hag been woi Iced up to this date, be terminated on tho LHh day of April next, and that the lt-;3eo bo required to work the same ou and after that date, according to tho tcims of the lease. Moved by Mr. KirchoiTer, seconded by the Mayor of Port Hope. And also Resolved — That Samuel Keefer, Esquire, Government Inspector of Railways, be appointed Arbitrator, on behalf of this Company to fix and determine the amount of compensation to bo paid to this Company by the siiid lessee, for tho use of the road from Millbrook to Pgrt Hope, aud tho works and premises of the Company at the latter place under tho terms of the lease, and that the lessee be required to name an arbitrator on his behalf— Moved by Mr. John Shutor Smith, seconded by Mr. Kirkchofl'er. Your Obedient Serv.ant, THOMAS RroOUT, Secretary. It was easy to perceive the course of the coming storm. The Company evidently intended to repudiate their bar- gain of ct'5,000 in cash and i)500 monthly, until a specified balance was made up, and their sccurily of 13-31sts also. I rode round, and I telegraphed in every direction. But I did not get any satisfactory information, and not se(;ing my way clear I came to the resolution of standing still. Matters were left in this state until the 14tli of April, and during the interim of three weeks I had seen the Smiths fre(]uently. From conversations, and from what I could gather respecting the course of action intended by the Smiths, I became more than ordinarily jealous of them and somewhat afraid of Cumberland. In none of these parties could I place confidence. While matters stood thus, I saw Mr. John Shuter Smith and showed him figures to satisfy any person of the fact that if well managed the road would more than pay ; and I said if you will come in with me I will consider myself safe ; if you do not I shall be jealous of you. Mr. Shuter Smith said he was childless and had no great object in any speculation of the kind. 14 but that his brother James Imcl sons, and that lie mij^ht go in Avilli mo. To me it was unimportant which of the Smiths took hold of the business on their own par- ticukir accounts ; and I somewhat carelessly added, if any of the Smiths g^o in with me, I shall consider my- self safe. I Avent and saw Mr. James Smith. He said that he dare not go directly or indirectly into the matter; his reason beijig that all those blackguards here (mean- ing the inembers of the Town Council) would be round him and upon him instantly if he did, and have us all in the Court of Chancery. Then, said I, I will not move from my present position. Thus did matters rest until the 14th. A.t this time I had some conversation with Mr. Elias Smith, who advised me to go Peterboro' and call a meeting. I said to Ferguson that I would be present at the meeting" of the Directors to defend my interests, and I advised him to say nothing to Cumberland nor have anything to do with him. He had nothing to do with the matter, and was my enemy. I^cforc this meeting was called a re- solution was drafted to be submitted to the meeting", with the view of giving me the full use of the Lindsay road to INIillbrook, in conjunction with the the uncontrol- led management and profits of the Peterboro' road, for c£lOO a month, and rolling stock at certain previously specified rates, which would hnve been satisfactory. The Directors started for Peterboro' and took Cumberland with them, and I was prepared for the latter. Well, when the meeting had been organised it was ordered that the room should be cleared of all but the Directors, but Cumberland would not go. His dignity was con- siderably hurt, and he kicked up a deal of fuss. What, was it courteous, reasonable, or proper that he, the representative of £125,000 of property should be turned out of a room in which the interests of the Bondholders would necessarily be the subject of discussion? He would not go out. They wanted to put him out of the room that the Bondholders property might be easily destroyed. He would not take a part in the proceedings, 44 hut he mif^ht lilt which of leir own par- sly added, if consider my- th. He said o the matter ; here (mean- mid be round d have us all [, I will not U this time I Smith, who eting. I said le meetinj^ of '. advised him nything to do c matter, and L8 called a re- thc ineetin;^, f the Lindsay the uncontrol- boro' road, for in previously L satisfactory, c Cumberland latter. Well, was ordered he Directors, iiity was con- fuss. What, that he, the )ukl be turned 3 Bondholders 3ussion ? He im out of the ght be easily e proceedings. not open his lips, unless the matter in discussion was to the pr<\judice of the Bondholders. He was not put out, and ho lecturod the Directors forllio whole of their sitting, and he, furthcrmons lectured inc. He snid I was a most obstinate iudivicliml; that I could not be led and would not be diivou, niid ho v.'ipourtnl astonish- iugly until exhausted Avilh the ellbrt. He gasped at last that it was impossible to do anything witli rne, and suddenly, in his very next breath, declared that he tliought he could "fix it." Well, said I, if you will only do business, you will find ine neither obstinate nor impracticable. He prepared a resolution, but, as a matter of course, put a tnip in it, which I saw and was prepared for. It ran thus : — That inasmuch fts Mr. Fowler has notified his inability to run tho Millbrook and Petcrljoro' road by reason of tho shortness of tho time which has been at his disposal for providing rolling stock, tho Company do provide him with Buch rolling Block as lie may require for giving cITect to his Lease, at such prices per day ns may bo awarded as rental for tho uso thereof, and from one month from this date if the Com])any shall so long control the said stock, Mi. Fowler to bo answerable for tho return of tho stock iu good order, and tho payments for tho uso of tho same to be made weekly. And that Mr Walter Shanly be appointed to arbitrate upon this matter as well as those referred to Mr. Kocfer by rcfolutioa of the 16th March. The rental for stock to include wages of tho Engine driver and fireman who shall bo tho servants of tho Company, all tho oilicers of the Company now upon the Peterboro' road to transfer their services to Mr. Fowler on to-morrow and bo there employed by him. Carried 14th April, 1850, Moved by Mr. Kirkchoffor, seconded by Mr. Frascr. (Signed) I accept tho above, (Signed) JAMES SiilTH, President. JOHN FOWLER. Witness, (Signed) F. W. CCMCERLAXD. The trap was apparent. According to the Sheriff's bill of sale he had advertised only half of the rolling stock, and the other half is quite enough for me. I am not afraid of the bondholders but of the sherilf. I however, did not notice this trap much then. The payments were to be made Avcekly, and the general manager of the Grand Trunk Railway, Mr. Shanly, was to determine the amount which I was to pay for running over that part of the Lindsay road which is between Port Hope r. 16 and Millbrook, and for the use of the rollings stock. This agreement inchided the payment of the salaries of condnctors, engineers, iiremen, brakesmen, &c. ; and this indeiitnrc of agreement, this binding obligation upon bolh parties, is witnessed by F. W. Cumberland, the fellow that wants to get the road from me ! He has not got it yet however. JNIr. Shanly's award was to this efleet : — corv OP MR. pnANi.Y'a ueport. In the matter referred to mo tlii3 dny by tlio Port lIii;>o, Lindsay & Bcavcrton Railway Company as regards tlio amount of rental to ho paid by Jolin Fowler, Lessee of the Millbrook liranch of the said liuo, for Iho several di'scriptioii of rolling stoek to be furnished by tbo said Company for tbo spaco of ouo luoQth from the date hereof. I award as follows : — For Engine and Tender — making ono full trip — equal to 62 miles daily. Rate per day.. $20 00 For the same Engine and Tender making a double Trip, equal to 121: miles daily — Rate per day 32 00 For each passenger Car — per day 3 00 For each P. 0. and Express Car — per day 2 00 For eac'i box freight Car — per day 1 00 For each Platform Car — per day 35 The whole of the engine service to bo furnished by and at the cost of tho Port Hope, Lindsay and Beaverton Railway Company — including all wages, oil, waste, fuel, &e.,— save and except such fuel as may be taken on tho Millbrook Branch — which shall be aA, tho cost of the said Fowler. The Car service, including wages to Conductors, Brakesmen, &c., and the cost of all rejjairs to be defrayed by the said Fowler, ho paying to tho Company tho rates above slated for tho use only of the Cars — which arts to be furnished to him in good and odicieut repairs. Each day that each car is in tho hands of the said Fowler, whether running or not, to be counted as a day in the settlement of ac- count, the cars to be subject to ins[iectioa from time to time by tho Superinten- dent of tho P. II. L. & B. Railway line. The load to bo carried by each Freight Car is not to exceed 10 tons, and to be subject to tho Bupcrvisiou of tho Superintcadeut of tho P. II. L. and B. Railway. (Signed) W. SHANLY. Port Hope, Mth April, 1859. There's the award, and you may place on it what weight you choose. Well, that was all right; but Cumberland said there were some other matters to set- tle. I was glad to perceive that he was disposed to do business, and said so, but was very suspicious and jealous nevertheless. Desiring to see the Sheriff about isome matters, I went to Cobourg and drove down to the polling stock. the salaries of len, &.C. ; ami iiii? obligation . Cumborlaml, 1 me ! He lias ard was to this Lindsay & Beaverton >;iiJ by John Fowler, L'voral di'dcriptioii of spaco of ono month 2 miles daily. $20 00 , equal to 12t 32 00 3 00 2 00 1 00 35 id at the co3t of tlio ludiug all wa;;os, oil, ceil on tbo Millbrook len, &c., and the cost to t!i(i Company the bo iurnished to birn the hands of the said the sottlcnieut of ac- ic by tho Supoi-Iatcu- :coed 10 tons, and to tho P. U. L. and U. W. SHANLY. ce on it what all right; but matters to set- disposed to do suspicious and 3 Sheriff about ve down to the 17 residence f)!' the Sln'rifF. INIr. SheriiV was dressing when in cauK^ a f)uy with a telegrapli (lcs[)atch asking him to "cotue up lliis iiioriiijig," and stating that bills had been i)l!i(';mled all around announcing a sale of the company's stock. The Clifton was to be sold at Lindsay. It was i'roiii Haycock; juid the Sherilf, addressing me, said "what can this fool mean?" I remarked that Haycock was sccoiul on the list of executions. He said to me tell Haycock " all's right." I came up to Port Hojje and brought the telegram Avitli me. In the direct- or's room 1 told what had happened at the Sheriff's, and handed the telegram to one of the Smiths, who said to me, if you should see Haycock tell him not to act hur- ri'xlly, and I said I will see him. I saAV Cumberland, when he said $200 Avere required to pay some back charges. Then, lest he should think I was without money, I showed to Haycock a handful of bank bills, saying, if you think I am without money you are mis- taken. I then said that the road Avould not pay running expenses, and Cumberland, who was present, said he would take it down as evidence against me hereafter. It now occurred to me that the sooner I shut my mouth tlie better I said to Cumberland, you are an intruder ; I have nothing to do witli you ; my business is with the President of the road. There was quite a fuss. He said he Avas unaccustomed to having such discourse dictated to liim, and he seemed about to strike me. I did expect a clip; but he did not strike, fancying per- haps that he might have got another. I, shortly after- wards, Avalked aAvay and left him, Avith my mind fully made up not to speak to him, any more than I Avould to any other loafer that I should chance to meet. Hay- cock went to Cobourg, and all the rolling stock fell into the hands of the Sheriif on bogus executions. It was supjwsed that I could not get in to take possession of my road. i Williams met me and said this is a A'cry fine thing now, and Cumberland came up and said that's a block in your way old felloAv, Avhen I sharply replied, go to c r iX I '.'A 18 hell with your blocks. He answered you'll better work with me, and I retorted, I'll see you damned first, and have not spoken to him at all since. It was now my business to take care of myself ; I soon got every thing fixed. I had prepared myself for every contingency. I got locomotives, cars, and so forth, of my own, and was prepared for the Smiths, and indillbrent to their hurried words. Ferguson saw Fraser and Kirkchotfer, who stated that it would never do to stop the road. I after- wards saw James Smith, who said that the rolling stock which I required would be all right, but I did not be- lieve what he said. He told me that I had served Cumberland right, and that he deserved such treatment. I said to Ferguson who was with me, let us go and have some tea ; when he put the question to me, what will be the consequence of all this ? I simply said " nothing." I dare not let even him into the secret, nor any one indeed only myself. It was not long until Mr. John Shuter Smith came to me at Hastings'. We had a long conversation about going to see Fraser and have a meeting, and have every difficulty settled ; otherwise the road would be destroyed, and the business of the town ruined. I said you may take the responsibility of that upon yourselves, I shall not go. But he said, come, come, go to the meeting. It's of no use, I re- joined, I shan't believe in any thing that may be said or done there. However, with a little pressing I did go to the meeting, and I was there thus accosted : — " Fowler, let us know what rolling stock you want, and you shall have it." Acting upon this suggestion, I put in a requisition in Avriting, which, together with the answer, I shall here read to you : — Port Hope, 15lh April, 1859. To the President of the P. H. L. Sf B. Raihvay Company : — Dear Sir : — I gliall require the following rolling stock, viz : — One Locomo* tive, One Passengor Car, One Express Car, Six Platform Cars. And I wish to start the train at the usual time, 11 o'clock, A. M., to-morrow, as per agreement yesterday. Yours, truly, JOHN FOWLER. m \f^ i better work cvi first, and as now my every thing tingeney. I vvn, and was heir hurried hotter, who ad. I afler- rolling stock did not be- had served h treatment, t us go and to me, what simply said le secret, nor ng until Mr. . We had ser and have ; otherwise ness of the jsponsibility But he said, lo use, I re- nay be said ing I did go iccosted : — I want, and !stion, I put ;r with the h April, 1859. — One Locomo* And I wish to \s per agreement N FOWLER. 19 7b A. T. li'illinma, Etq., Superintendent,— 8m: — Yon will |)lt'!VHo su|i|i]y Mr. Kowlcr with cngino and train to-morroW| accunilng to th(3 ubu\( rciiui^jiliuii. JAMKS SMITH, President. Port Hope, l.Mli A .11, 18.VJ. Matters looked proriii ing enough, but I did not take it for granted that all was right — no, not by a long chalk ; I sent tor my own cngino driver, whom I had told to take my own engine to pieces, and said to him don't talk to VViiliams, and do not, on any account, take your engine so much to pieces that you can't put her up again in halt' an hour, lie knew what I meant, but the Smiths did Jiot. They were looking around, and saw the locomotive bolts out and things scattered care- lessly around. The engine looked as if she were all to pieces. I now went to the Engine House, and some sharp sparring took place between Mr. Smith and me. I said to Mr. James Smith, in future I shall look upon all the Smiths as my greatest enemies. The train, however, was all made up, and the Company's locomo- tive attached ; but I was jealous ; some mischief was meant which 1 did not clearly perceive. Yet I was not kept long in suspense. Clark and Haycock had gone off to Cobourg in a buggy, and the result Avas that the Shcrill sent a telegram to the Snjjerintendent Williams, who told me that the tram could not proceed, because the rolling stock had been detained by the Sherili, and I immediately went to Ihe ticket agent and made him give to the passengers their money back. Williams now handed me a telegram, saying look at that. I threw it down, and he read it telling me that the roll- ing stock must not go out. I went and told my engi- neer to screw up my locomotive, the Queen, as quickly as possible. I saw that the enemy wt iiiiy of tlio locomolivo.s or rolling stock loavo Vort IFoim, I will wo you this ui'tornoon. J. U. FuUTUNK. PoMscssion is a ftrcal tliini^. It must liave been a matter of astonislinient to the Sniitli directors to soo a train niado np, and in lc«?al possession of the road in spite of such le<^al objections, and of still ij^roater won- derment that 1 actually set olf for Peterboro* at one o'clock or only half an hour later. It was now my turn to be ironical and turninji^ to James Smith, I told him that after all, I considered myself a lucky iellow, inas- much as my engine had been in a shed of theirs and in their keepinp^ for one ni«^ht and had been «,^ot out of it again, but I Avould not run such another risk and would lor the future change and lodge my engines for the night at Peterboro'. He said, "Don't insult me." An(l I scarcely meant to insult him, as the allegation that they were capable of trickery, it seemed to me, would bo looked upon by a Smith as a comj)liment. I soon left him and went oil" to my iiiend Roger. I told him to get bills out, stating the numiiig time to Peterboro', and to advertise it in the Atla:^, over my name as pro])rietor. Thiit was done, and thereupon a telegram Avas desp.'itched to Toronto to l)ring down tla^ bondholders. The bondholders camo in the persons of Messrs. Woodrulf and Cum])erland, and the road was said to be transfernul from the Coinpany to the liond- holders. I was called a tresspasser and many other names, audit was whispered that INIr. liirmingham, the station master of the Grand Trvmk Railway, had been ordered to take his Company's trespassing stock off the Tiindsay and Peterboro' track. I met INIr. J^irmingham and he said ; People say that the Company wont let you run : would it not be better that you should sec Cumberland ? I refused to ;ict upon that suggestion, Mr. Birmingham then said ho had received orders to bring the Grand Trunk cars back. I said, O yes, you '^ r-, iiH contniiiing , lC«h Ainil, Ivr.y. 5 Port TIopo. J will f- H. KUUl' liNFi t Iiavo boon a Tctors to sen a t»f the road in I i,ToatK, IDth April, ]SoO. John Fowi.ku, Khu., SiH, — Uaviii,;,' icccivnl iiolico from tlii' rpprosor:liitlv<' of tlio boi\illi(t]iay Iliillwiiy, to rfiuovo nil our rolling stock now oi'ciipyiii;^ tlicir roml, ns tlioy cnnsiilor it tn'spasHin.u'. yoii will ha j,'()o(l ('iiouifh to lmv(; tli'? ctirs lent you liy onr compruiy on Siiturdiiy, llilli Inst., rtturn<.Hl to tlio (irnml Trunk Bftiiwiiy Stiition, Poit Jlo|)0, on tbo reccijil of this notii.-o. Should you fail to do ■0, you do it at your own risk. J. lUinflXCJHAM, A?ent G. T. R. Ilo says if I do not return the cars it will he at my fywn risk. lie may rest satistied of Ihat. (Lau^diter.) I have the cars yet and will keep them unlil I g-et others. They think if they could ^-et the ears oil" the track that the lease would he closed, as it is im|)erati\'e on me to run a train a day; hut Ihey are mistaken even in this. Even the removal of iheir cars would not 1i)rli'it the lease; hut tln^y think so and have been ac1iu<«- in that behaltl On thnt day my eni;ineer hecnme timid. It had been rumoured thnt th(^ employee;^ of the Coinj)any woidd stop the trains, but I knew the poor unpMid men would iu)t do {inythiiii? of the kind and told him so. As for the Directors they knew better than to do that ; they had sullicient knowledi»e as to be aware that there is a place in Kini>ston, to Avhich they Avould spcedly be consi«;ne(l if they attempted anylhin*? of that nature; and Avere beamed (Mioush in law to keep out of that. The Kailwc'iy (,'ompany have j»ivcn me a lease of the Peterboro' Krancli lor 999 years, and the privilege of running- over the main road ; but they cannot run ovt^r the Branch, and shall not. They had possession once and might have kept possession ; but in obtaining it they merely set a trap tor me, but by stopping my road I,; I i 22 fr i I: 1 f i''::l ft Ml Si they stopped their own, on account of those most press- ing executions, all of which I could myself satisfy in six months. Let me tell them that I have bought some more cars, and have paid for them, and will have them here next week ; and I will also tell them and you that they are not going to sell the rolling stock. That is another piece of bogus. But sell or not, they are not going to have my road on wMch to ride into Parliament, as I may want to ride there myself some day. Their course of procedure with the view of embarrassing me is of the most paltry kind. On JNIonday last they would not allow me to take Avater, thinking that that would trouble me. I enjoyed it amazingly, as fortunately they could not stop the creek. I was short of wood, and seeing a boy loading wood, I said to him, " my lad, if you take that wood up to the locomotive, I will give you a dollar more than anybody else;" but Williams, the Superintendent of the Company, saw the boy, who was the son of one of the employees, and interdicted the delivery. There was nothing for it, but to send a man into a store to buy an axe. I knew that when we got into tl e woods we could help ourselves. Mr. Quin- lan, one of the ex-Directors of the Company, stepped up to me and said, " this is too bad, go into my yard and get what you want." It was kind of him ; and I here acknoAvlodge the obligation, but I refused, saying I could myself use an axe ; I got water — perhaps I stole it from the Campany's tank — and the train set oi\] ar- riving safely at Peterboro'. On Wednesday morning, when the train returned to Port Hope, the points were locked. When I learned the fact on arriving in town from Cobourg, after the train had started, I told my agent what to do. I saw Roger, and got him to print placards, offering a reward for the conviction and punishment of the switchman, or ratiicr those who instructed him not to open the switch. I have a lease of the road for 999 years, and it is a Penitentiary offence to obstruct passenger or other Railway carriages. To make this known I caused the 1 most press- clf satisfy in bought some ill have them and you that ck. That is they are not ) Parliament, clay. Their Lxrrassing- me st they would t that would unately they f wood, and " my lad, if , I will give it Williams, he boy, who 1 interdicted Hit to send a lat when we . Mr. Quin- my, stepped ito my yard him ; and I i-ised, saying rhaps I stole 11 set off, ar- i returned to n I learned rg-, after the do. I saw ng a reward switchman, to open the ) years, and [iger or other [ caused the ' 23 switchman to be arrested, and he has been arrested and held to bail to appear at the Assizes. I do not wish to punish any poor man, but I wish it to be clearly under- stood that he Avas doing a thing that he had no right to do. On Wednesday the train brought down some lum- ber, but on account of this obstruction it had to be taken up to the Grand Trunk Station ; and there are some hundreds of bushels ot o£its locked up in one of the Company's box-cars. I could not even have my loco- motive turned. Had I been here it would have been turned. To-day I shall clear the track. To-day I shall act as Conductor, and will put the train wherever I want it. I am sorry to be compelled to resort to force, but will resort to it sooner than be obstructed. The Company's proceedings, petty as they arc, have been a source of embarrassment to me, but I will get over them all. Although they have damaged my credit at the banks, I have got both rolling stock and money. All will come right end up to-morrow, however. You may stake your life upon. Here is a letter which I have received from a j^entle- man, who is a director of the Company and Solicitor for the bondholders : — Tout Hope, 10th April. 1859. Sir : — As Solicitor for the Bondholders of the Port Hope, Lindsay & Beaver- ton Railway Company, who, as such, are in possession of that portion of the road lyinn; between this place and Lindsay ; I urn instructed to forbid your run- ning over, or otherwise making use of the same ; and further, to give you notico that should you jjcrsist in doing so, they will hold you responsible for any conse- quential loss or damage, and also will pursue such ])roceedings to restrain you, as they shall or may be advised to adopt in the ])reiniso3. I am, Sir, your obedient, &c., N. KIRKCIIOFFER, Solicitor, &c, John Fowi.eh, Esq., Township of Ilamilton, Cobourg, P. 0. For fear I should not receive it two copies wero addressed to me; hundreds of copies Avoiild have no more effect than one, and Mr. Kirchoffer might known that. You have all of you seen in the Guide a letter copied from the Glohc ? It appears from it tluit the holders of the remaining il 19,000 arc liable for the debts of the Company, and why then stop the road ? The pressing executions are : — ¥ iii:! ' i 24 Tato ttt.l Clark lpl,545 9 3 CoiumcrciiilBauk 31 3 8 Edward 1 laycock 925 13 4 John Sinner Smith 87112 G 'J'ntc and Clark. 269 8 6 Wm. LiULsbury 430 £5,110 3 7 I liave paid Haycock some jCSOO of this, and there are some of tiiese pressing executions which I would be ashamed to pay. The Commercial Bank, it is no- ticeable, is lui^Gi'ed in as a pressing- executioner. The l^ailway is indebted to that great monied institution in the very large sum of £31. (Laughter.) Why, if I had possession of the whole road I could dispose of every one of these executions within an hour. Their object, however, is not to pay that trilling sum of money, but to rob me out of my road, Avhieh they shall not do if I can help it. AVhen I am here I fear them not, but it is positively dangerous to be away. The schemers require perpetual watching, and I will Avatch, in vicAV both of your interests and of my own. They have caused my locomotiv(^ to run upon the line backwards, which is contrary to law, and subjects me to a heuvy penalty — some £500 a-day, perhaps — but that I Avould risk sooner than they should drive me otf the line and my lease be forfeited. I desire, gentlemen, nothing but fair play and I shall have it. (Cheers.) Immediately after the above leciurc was delivered, the SheriH' otiered the Company's rolling stock fur sale, but there Averc serious objectiojis oliered by both Pcter- boro' and Port Hope, and the Sheriif refused to proceed withoat indemnity. The road to Lindsay, however, is again in running order, the Bondhoklers having paid off all the pressing executiojis. Mr. Fowler is now per- mitted to have and enjoy all the benefits and advan- tages appertaining to his lease. 15 9 3 n 3 8 25 13 4 n 12 6 59 8 G JO 3 7 hi s, and thern liicli I would Bank, it is no- iitioner. Tim institution in ••) Wliy, if I uld dispose of hour. Their mm of money, y sliall not do them not, but rhc schemers k^ateli, in view . They have ne backwards, ne to a he^ivy t that I woukl f the line and n, nothing but was delivered, stock fur sale, by both Peter- sed to proceed ly, however, is Laving paid off r is now per- s and advan- 8$ Only had Mr. Fowler concluded his discourse, when Mr. SherifTFortune, having before him another audience, mounted the platform. There Avere now present all, or nearly all, the Port Hope Directors of the Railway Company, John Armour, Esquire, Barrister-at-law, pro tempore Sherill's adviser, Messrs. Cumberland and Wot)druff, representing the Bondholders of the Railway, and numerous other persons directly or indirecily in- terested in the sale. Mr. Sheriff Fortune at once pro- ceeded to read over the list of articles, which he had seized and was about to sell, to wit : — , The Locomotives Hope, Ch'ffon, Lindsay and Ilarelnck, 3 Piissen;;er Cars, 5 Baggage do., ]."• ]?ox do. (froiglit). A>^ Pliilfuim dn., 2") Gravol do., Tools iu Machine Shop. .'! Engine Liitiics, 1 Planing Machine (iron). 1 Upriglit Drill, 1 Bolt Cutter, 1 Wheel Press, a f|uantity of Steel Tools. 1 Stationary Engine and Boiler, Vices, Prills, Tools, &c., Oriiid Stoiio (lino f;haf'ting a quantity of T<.( !» in Blacksmiths' Shop,- also, a quantity of Wood Stoves, &c., 11 Hand Cars, with numerous other articles. He paused for a moment, and D'Arcy Edward Boul- ton. Esquire, rose and objected to the sale, and handed to Mr. Fortune the following document : — Port Hope, April 23rd, 1859. To J. n. Fortune, Esq., Sheriff', ^r. TSiH : — I am instructed by the Municipality of the Town of Pcterhoro' (stock- holders in the Port Hope, Lindsay and Peaverton Railway Comiiany to the ex- tent of thirty thousand pounds), and also by private stockholders to tlie extent of £7,500, to protest .igainst the sale as advertised to take jilace to-day, and now announced by yon, of the Kailway Polling stock or motive propeity uf the said Company, and I do so upon tho following grounds, viz : — First. That the Polliii;,' Stock is a conii)onont iiart of the real estate or Rail- way, ])ro^■idc(l and constructed under a ehiuter jiroducing and ]irotecting interests, which witliout the plant now offered for sale would 1)0 ruined, and which, if sold, would render the remaining property of the said Company valueless and unpro- ductive, and also deprive the ])ublic community represented in my clients of a guarantee of casement or mode of intercommunication. Second. That the seizure and sale of a pK)perty so valuable as that advertised for so small an aggregate amount as the executions named, would be a sacrifice unwarranted by law or usage. I accordingly forbid IIk^ sale. I am. Sir, your obedient servant, D. E. POULTOX, Solicitor. As soon as he had taken his scat George Brogdin, Esquire, Solicitor to the corporation of Port Hope, rose and also made an objection to this effect : — Ist. Forbidding the sale of the Iluvolock upon the ground that the same is the property of the corporation of I'oit Hope. 26 2nd. General protest against proceedings of the Sheriflf, setting ibrtli that \[ corporation of Port Hope arc stockholders in the Railway to the amount £170,000, and are otherwise interested in the Railway to a large amount, o: upon the grounds — 1st. That the property seized and detained, and this d offered for sale, forms part and parcel of the realty or freehold of the said R; way, and therefore not liable to he seized, detained or sold under exccuti^ against the goods and chattels of the Railway Company. 2nd. That a nuin: of the Executions under which you are acting, and to a large amount tlior: are paid and satisfied. .3id. That if the said pioperty is liable to be seized a Bold under executions against goods and chattels, then that you the said Sli' have made an excessive, seizure and levy, one fourth part thereof being suflicj to pay and satisfy executions. The Sheriff now declared that he could not procp to sell unless indemnified, and there being no one p sent prepared to indemnify, the sale was abandoned ing forth that tl the amount arge amount, k ined, and Uiis i i of the said Ri under cxceutii id. That a mimi ;e amount tlion 13 to be seized a ou the said Sli' •eof being auilicii \ not procp T no one p abandoned