IMAGE EVALUATION TEST TARGET (MT-3) 7 /. Q, :/. fA f/. I.V/ 11° I.I 1.25 M 125 Ui I ^ £ 20 1.8 lAO 1.4 1.6 riiUlUgiciplllL. Sciences Corporation iV iV 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^<^ .V i >> i) ■ '\ RKPORT. The Director?* of tlir (neat Western Railway, in making some remarks on a Report bv ( 'ommissioner!* appointed to enquire into the late lamentable accident at Baptiste Creek, and into the causes of other acci- dents on the said Railway attended with personal in- jury or loss of life, feel that in doin.Lr so. they are only acting with propei* respect for themselves, and for the interests committed to then* chariie. hiMiiediately after the unhappy occurrence which called theCommission into existence, much discussion naturally took place in the puhlic prints under the nn])ulse ol' excited feelingH. jiiid jncvere animadver- sions, almost regardless of facts or evidence, were directed Jigainst the (Jreat Western Railway, its man- agement and all connected therewith. The ('ommission was ap])ointed lor a public pur- pose, and the Directors weie willing and anxious that its r»bjects. if carried out in a s))irit of e<|uity, tending to developc the whole tirith, should luiveeverv assist- ance they coidd ,i:i\(». However, they nevei' received a))y official intimation of the (Jonnnission being ap- pointed, when or where it would be opened, or what were the particular matters to l)c enquired into, but I ■ tflcy were advised by good legal authority that the Commission was not legally a|)))oiuted, and that the parties named in it had therotoro no powor to summon witnesses or tf> cxamino ujirni o;itli. These aiv gravr irregularities. Still tlic Dirctitors never in- tended or attempted to evade examination or to take any advanta-iv of these eireumstanees. Indeed, except thr Managing Director. Mi-. Mrydges, not one ol" tliem was excn called upon to give evidence, and tlie tirst knowledge ol'llie Commissioners' pi\'- sence in l'p|)er (Canada was obtained by Mr. J?rydges accidentally meeting one of them in the Court House, at Sandwich. Mr. IJrydges then stated the desire of the eum])any and of himself to assisttheir enquiry in every way the\ could. He was told the Company should have an op])ortunity of seeing all the evidence that might be taken, and tliat they might be re])re- sented throughont (he sitting of the ( ■onunission, luit that a cross-examination oi" witnesses would not be allowed. Mr. Urydges waited upon the commission- ers when i'ele. es[)ecially when witnesses WH're being examined under oath. They feel this more strongly when it Jiow turns (nil that tlie Com- missio iiers extended theii- inquiry into (piestions not f #*■» included in their inskructions, thus assuming a duty and authority to which they had no right. The details connected with tlieso deviations Iron) the «'ncjuiry they were sent to make, comprise more than one-half of the voluminous production that has heen printed. Haf the kiufl. howexer. took place. I)iit the eii(|nii'y was con- tinued in a piivateroom at the City I]ot(;l ; and what means were adopted to procure useful witiu'sses the Di- rectors are notaware. Kven the President of the Com- pany was never invited to tlieii- pres{>nce. though indi- viduals, known io be hostile, were examined. The Directors caimot but express \\]o\v siirpi'ise at this proceeding, es[)ecially when they see givat stress laid upon the o/>////<>//.s of |)jn'ties in the Tnited States. With relerence to the accidents repoi-ted upon b\ the Commissioneis : That at Ijobo. on2iid.)une. I So4. occasioned b\ a cow beijig on the track, has again to come betbic a .lurv. and any remarks thereon aic therelbre scarcely appropriate" in the meanwhile; but it is not out of |)la(!e to ask I whether the Commissioners in searching tor the muf^ei^ nf arddenfs, ever tried to ascertain whether it has not been a practice wilfnlly \o drive (tattle on to the track and leave them there to Ik* run over. A sale to the Company is •j^enerallv more profitahh' tiian sending ihem to market. In the case of the Loho accident, the use of t'reipfht cars tor passenj-ers is reprobated ; l)ut in what respects are Irei^dit <;ars more daM than other cars or common sta.«ies? Pas.!en,2ei's usually j)lease themselves as to wiiat kind of xchicle or vessel they trav(d in. and (;mi,i;rants tVe(juently prefer to travel in freir the last two months, cbietlv because the\ had not a suthcient supply of rollin,u stock. I>ut ini- Inckily for the (Ireat Western, an established habit «)f complainina. whether I'iuht or wron;^. brings most of , i r ^ t the txiiimi of this rnatter on their shoulderfl. The (TivMt Wostcni liiiu' was ojunieil in :ui miHninhed statr. Ilu' DirtM'toi's bein^ iimMl to it l)v a stronji puhlic wish, and ll'w |)eof)le in Western Canada are tree tVoni whatevei- linill l»»*loiijis to that measure. The Direetorfi had uiven orders lor niorerollinii; stock than was at the time thon.iiht necessarx , even hv Mr. Clark, their ehiel" enuineei". hiil tlie tratVie. inereascil fastei' than WHS antieipatrd. oi- tiian the cornpanvs means of earrvin.'i vowhl keep pace with ; tiiis remark applies to other matters ol' aeeonnnodalion as well as to roU- in miles with inadeijnate means. The time. too. has aire- !y passed away when the peo))le ol" this conntry. oi' oi any other, esteem it a privile,u(' to invest their moiwy in new i-ail\vays, and annovinji' and useless regnlatiojis will not he needed to check what little dis])osition remains among' ea])- italists to enter into engagements of that kind. The connnissioners in reporting nponthe Lobo acci- dent take occasion to reconnnend one invariable rnle for punishment, vi'/.. dismissal from the company's service, and legislative inability to be again employed, without regard to the nature of the offence. The Directors must express their entire dissent from this opinion It is moupli to .sav tlisit micIi a, Mysteni would Ih' unjust and iui|)ra('ti('al)U*. neither is it likely tliat men would he t'onnd loni! to lake employment under :i liiw s<» tlej^radini:, and which il is helieved has no existein'e elsewher<'. The etMumissioners allude to ;i practice nl' runninji at and over cattle when on iIh- truck. ;nid ctaidemu il. This j)ractice is nnt sanctione(l on t!ie (Ireiit Wes- tern, hut is rather conn unn \\\ the I iiited Slates. when<*e tl eir lavoii te id eas of imniaucmenl s«*cm lo he taken. The newspapers ol' March '2'W(\ report a passenger train ou the Michigan Southern hnie. Iijixinii. nn Saturda\. the 17th oi" thnt month. •• encoimtered a drove of cattle iind killed lourteen.' The i'onnnissioners further ri'connnend the Lcji- islature to lay down rides and i-e,i:idalions Ibi the liuitlance ol" Railway Odieials: this must neces- sarily lix respousihility with the (Jovennnent to a urettt extent, and translei- lo the couidry liahility for damau'c in accidtMits. since it nnist he manifestly unjust to ])lace respousil)ility on j)arties who do not control the workimr. IJut. such ;i sxstem iioes fur- ihei- : it takes I'rom trustee i])point I'd hv owner of ])roperty as its jiuardians. the riiiht of manaui'iuent. The principle, if worth anything, sliouhi :i])ply to (Jonnnon Stajios. Steam Boats, and Sea-iioir.Li Vessels. It is notorious, and mav he found in statistical returns, that the loss of life on river navijiJition, in the United States, far exceeds that on railways, yet no excitement is produced; a lew sympathetic remarks in mwvspapers alone, tell the story of lifty people heini>' burnt, scalded, or drowned. The regulations lor the stall' of a railway ^^^ t cjin novcr ho iiuulc entirely [>erfoct, (^luiiiges^ aiul altiM'iitioiis, U'in^ roiistiintly sliowii to he neeessarv. The ('oniiiiissioiiers, ii: iilUidiiifj; to the suH'ideut iit Thorold, oh the (Jth (»r.)ul\, IS')4, «'ome to conch*- sioiis s'miiiilini\ iit vnrianee with th«' <'vi(lei. e ^iveii hrlhre the coroner's jiu'v, iiiid Mumi stati' theii' ophiions to h<' oiih •• iinpressioMs." not derived IVoiii i\\vU or witnesses. Tliev say the iii-ht was flnir uioonlij'ht. The evidence .Liiveii helore the coroner proves the moon to h:ive heen ohscnred hy clouds when the acci- dent happened The ( 'oniniissioners inter that tlie train was lioiii- at excessive sju'cih which is al- most impossihh'. the enr th pla"<' oi" ndslortune. Thev conceive the driver made a rush to run the horses (Umn. The jury :u'(piitted the ollicers in charge of the train of all hli'me. In the case of a hoy hurt at Thorohl, on the 7th of Deceniher, I SOI, tlu Connnissioners take occa- sion to remark on the ^-eneral inhumanity oi' Engine Drivers. T'he story is simi)le, and does not justiiy so dehasing a ( harge against men respoctahle in theii' station of life. This hoy was improperly walking v)n tiie track, on his way to sonu; workmen who were near; the engine jippi'oached round a slight curve, and the Commissioners say that if the driver did ii..t see the l)oy he ought to have done so, for- <«:etting thai the enginemiui has several duties to attend to which inevitahly prevent his time heing entirely occupied with looking straight a-liead. Had the connnissioners said the hoy ought to have seen the engine soon enough to avoid danger most people 10 would agree with them. Indeed, so long as people will put their lives heedlessly i-.i p^'ril. so long must yuch accidents continue uccasiontilly to occur, a trutli which the connnissioners themsi'lves appeal' to reco}^- nise by subse'|ucntly reconinicndin ailbrd him compensation for loss of tinic owing to detentions in carrying on the work, and he assumed the whole. That one of his men disobeyed orders, and in that way caused the lamentable accident at Baptiste (!reek, is more regretted by tlie Dii'ectors probably, than by many who were loudest in their censures. The connnission- ers mav not be aware that it has been the almost nivariai)le practice in England, where trains are many times more numerous than on tlie Great Wes- tern Railway, t^) have the repair of the line executed by contract, involving the taking up of rails, chairt* I 12 ■ and sleepers, and the daily runninp: of ballast trains which are always more or less required even when the ballasting of a Railway has been completed. The detention of a ])arty of emigrants at Baptiste Creek, on the 2nd July, 1854 is freely rei)ortedup(m by the commissioners whose o])servations are concluded by ascribing the deaths which took i)lace to " a. combina- tion of circumstances over which the servants of the company could exercise no control." Those who know anything of the way and (condition in which emigrants from the continent of Europe usually tra- vel, will not be surprised that in coming to hot cli- mates and occasionally to places, for a time peculiarly unhealthy, that much misery and many deaths take place. The preliminary circumstances, however, which commonly prepare such catastro])hes arc found in their sufferings on l)oard crowded ships, and in their habits of living. Raw vegetaljles, whiskey, and l)ad rye bread being their constant food, the .latter) )ei ng brought with them from their native country.) This diet, aided by the well known efiect of lake water upon systems debilitated by long conlinement in a. crowded vessel, was, no doubt, tlie main cause of the ])ad state of health of the emigrants referred to. A description ol' emigrant adventures at New York was given in the 7H&ymc newspaper there a few mouths ago, which al- most defies belief in the stories of imposture practised upon them. However, so far as euiigrantscame on tlie Great Western Line last siunmerthey received lilteral acconnnodatimi, and when it is known tbiit so sickly was the season, that it was diflicult to get men to work the line at all, the attention received by the emigrants did credit to the exertions and humanity of the com- t r t T 13 t t pany's staff. When emigrants arrived at Hamilton from Quebec, they had a few hours rest and were generally sent on to Windsor by the night express trains, thus giv- ing'them despatch (m the journey, and saving tl^em froui the vif)lence of the mid-day heat. The company also assumed a very large expense for medical assi^stance, and for a hospital at Windsor, besides large expenses at Hamilton and other places. The residt o^ all this is that, the company lost money by that part ()t' their business. If it be judged necessary that emi- grants who cannot, or will not pay for themselves, sliould have extra travelling comforts, the charge for such accommodation should fall on the Go- vernment, and not be extorted from private companies by legal compulsion, forcing the latter to convey traffic which involves loss. The conmiissi(mers next remark upon tlie Line being opened before it was properly fenced. It may be replied that after the mils were laid, there was a pul)li(' pres- sure which actuall V threatened violerice if the company refused to run trains, and so serious was this on tlie Western Division, that crowds of people forced them- selves upcm the construction trains, consisHng of open platform cars, in spite of all dangers and warnings, and greatly impeded the regular work of those trains. Fene. ing ill the U. States is notoriously neglected, and there are hundreds of miles of railway at this time without fencing at sill. Mr. (Jla rk's letter referred to by the com- niissi()ners,was not intended to make the want of lences an obstacle to opening the Line between the Suspension Bridge and Hamilton. Mi-.(Jlark,in a published Report, said that section oi'the Line would not he n'ady for open- ing before 1st January, J 854, and when he objected to I ■t 14 the line being opened betbre that time, his letter ex- pressly states that he did so in consequence "of the in- completeness of the grading and superstructure," making no mention whatever of feneing. Mr. Clark was a consenting party to opening the line l)etween Hamilton and Windsor, 185 miles out of the whole 229j and it was simply a (juestion between Mr. Clark and the Board of Direction, whether the eastern section of44 miles should be opened about the middle of Novem- ber or on the 1st January following, which was the ihwj proposed by him for the general opening. The Directoi's thought that, by opening the Eastern portion a few weeks before the other part, there would be an oppor- tunity for some of the working staff to gain experience ; l)Ut before doing so they took the opinion of an expe- rienced engineer, who after an inspection of the line reported in writing that it might be run with safety, an opinion which the result has fully justified. The Directors are surprised that the connnissioners make it appear in their report that the wdiole line was opened contrary to the advice of Mr. Clark. As belbre stated. Mr. Clark's objections were only to the Eastern Divi- sion and this fact was well known to the conimiv^- sioners. Whether the general opening was a wise measure a> j)romoting the v^shareholders' interest, I hough it cer- tainly acennnnodated tlie pnl)lie. is not a (piestion in dispute here. It is rather, whetber the 1ia\'in<' done so led immediately t(> any of the aeeidents which liave since happericd ; a ([uestion wbicb the conunisioneis tbemselves decide l»y stjiting tli I the "(Ireat Western lias escaped, as I'ai' as we could learn, any serious accident from these particulai' 15 t causes." Thus their disser^ ation tunis out to be based not upon what did occur, but upon wliat might have occurred' It will nut seem out of place here to obnerve, that the Michiji,Lin Central Line, an old and tavorite ruad, made and managed by a gentleman ol' the most ac- knowledged ability and experience, whose very name has given character to it, i.ad a few months ago still some lil'ty miles unballasted, and a good deal of the line nut IVdly fenced. The commissioners next state that they have ascer- tained that the system of management adopted on the Great Western Railway is unknown to those familiar with the administration of Railroads in America. The t)nly instances with which the commissioners sup- port this assertiol. Dibble. I am, Dear Sir, Very Respectfully, Your most ob't Servant, J. F. BRODHExVD, P. M The public must judge from the above whether the enquiry was conducted with iairness to all con- cerned. The Directors cannot omit to take notice also of the manner in which theconnnissioners obtained possession of a. letter from one of the Conductors of the Railway to tlie Managinj>- Director, printed at page 134, in the evi- dence attached to the report. This letter is one which the Directors would themselves at once have placed be- fore the commissioners, had it been called for. But upon seeing the letter in print, with a note appended by one 17 of the coramis8ionei"9, as follows : — " kanded^to me by " Colonel Dibble, as received from the writer with au- *' thority to copy," the Directoi-s at once applied to Mathews, the conductor, for explanation, who denied having ever spoken to Colonel Dibble on the subject. Colonel Dibble was next applied to, who wrote the following letter to Mr. Brydges, the Managing Director, — Kiddle House, Detroit, March 17th, 1855 Dear Sir, Mr. Mathews informs uie that he has been placed in a false position relative to a certain letter addressed by him to you, some time since, at your request, touching the action of some of the employees on the Great Western Railway, a copy of which letter was obtained by William F. CoflSn, Esij., Commissioner. On this subject, I beg leave to state, Mr. Coffin, while here, had several conversations with me on the subject of the management of the Great Western Railway and its details, as far as it had come to my knowledge. This f casually mentioned to Mr. Ifeitford, then a conductor on the Road. He remarked that Mr. Mathews had written to you on the subject, and that he (Mr. H;) had a copy of the letter. I told him 1 should like to sec it. Without any hesi- tation he read it tome. Soon after 1 met Mr. Coffin and told him the substance of the letter. He desired to see it. I asked Mr. Hert- ford for it — gave it to Mr. ('offin, who took it to his room. Whether he took a copy of it or not I do not know. It was niturned to Mr, Hertford. In all this Mr. 3Iathews had no agency whatever, nor, to my knowledge, connived in the least to the expo- sure of the con*spondence. I beg this occasion to say, the (Jreat Western Railway has always received the aid of this house to the utmost, and any and all objections to it and its management always found apologists with us. 1 iim, Sir, very respectfully, &e., ORVTLLK R. DTBRLK. ('. J. Brydgks, FiS<|. Here the Directors again leave tlie public to judge with what fairness this inquiry has been conducted. The Directoi's also leave the public to contrast the last pju'agraph of the above letter with the 18 statements made by Co I. Dibble, i^o ])roramently noticed by the Conimissionors in their report, at page» 41 and 4ii. ami which they relor to :is haviuu siiujiented many nfth*' views they put forth. Those statements ar(^ illltMl with a i^^reat deal of what Colonel Dibble lias heani, but of himself knows nothing-, ('olonel Dibble sjietiks in Lieneralities. He &ays "the trains keep no time at nil" The Commis- sionei-s print ;i return shewin*;' that pened wo/ fatal acci- dents in 1S54, involvinu- much loss of life, indepen- dently of the cases of men run over, A'c. Col. Dibble says the traiiic is nil goini>- via the South Shore Lines. The managers of those lines will hardh conlirm this. A reiercMice to the last (rreat Western Eeport will shew that the through Passengers from Niagara Falls to Windsor, gave u receipt of £'7f),000 for the lialf year, against £(')T,00(» received from local passengers, and the last weeks returns shew that the traffic has increased o\er that of last year as follows : . \ 1^ No. Amount. Loral PsLssifnircis 2442 .£290 Thr(>ii-lir)(».'. lM-> 172d HVciirlit .-ind Sniulnos 2058 ( '..1. 1 )il)l)lc iMlks .-lUoiit the su])erionty ufAiiierican and (Jauadiaii emi)loy(3t;s, perhaps under an impression that the ( rrcat Western stati" ai-e mostly imported men, hut the. (loniinissioners wen* turnishe(| with a state- ment, printed at ])au-e 18-"), sliewinj^', that of the (ireat Western statl* two-thinls were horn on this Con- tinent, or wei-e in the country before tli(^ Railway opened foi- periods v.-iryinu- from .". to 25 yeare?, and that of theremaininu- third, less than :UI W(;re brought out from Europe. Col. Dibble's inKorm.Mtii.n that half the locomotives have been buint up ])y Kuii'lish and Scotch operatives, is both incoi'tect and absurd. The engine drivers on tlu' Great Western, are men who have been employed in driving Knuines for from.", to IN years, and the onlv two engines " burnt" since thi^ opening- of the Line, were burnt l>y American drivers. Col. Dibbhj assunu's the Railway to be Avorked by telegraph anou double lines of Railway. The; commissioners who give such liberal develop- ment to Col. I)ibl)leV statements, jwiss in silence an answer L^iveu to them by the Postmaster at Detroit, who, in a letter p)'inted at page I'Wi, says:— I ■ <' For these flolfiy? r.f thr mails it is but justiro to say the Great Western is not always responsil)l«) ; the <"ustern trains arc often he- liind time, an.l thus compel the delay which ensues. Kvcn with the freoucnt detentions to which mail matter is subject, we hnd it a very j^reat improvement over the nnites by which mails were for- merly received. "The road was in an luilini.-hcd state when tipeiiely demanded. The track is new, md the road insuffi'icntl;. stocked, and tin- urjieney of the ease compelled the employment of men. in many instanc.-s i t.M.. many, jterhaps, ) unused to railroad business. -The road has done badl\—it mi-ht have .l.me w.osc ; audit is hardly fair to .saddle its mana-emcni with all that has oeenrivd t,. merit censuri'. No superintendent, however .•ompetent and ex- perienced, could have -iven universal .alistin-tioii. nor could it hv expected that a new rr.ad, hurriedly e.,uipi.ed and tori-ed into ))re- mature operation, would, under the most eareful and eihcient luan- ajrement, meet the approval of our citizens or tlH« travellinj: public The public may again judge of the fairness (»f thin omission. . Why have the Coiiiniissioners heen wandenn^c: through Detroit, Buffalo, Utica, and Albany ( Kthey poesesaed sufficient knowledge of railways to form in- telligent views on the (questions they propounded, they might surely have found out the " causes of acci- dents^' upon a Railway in Canada, being the duty whicli was assigned to Ihem, without going to the United States. The Directors woidd also ask why such depositions are admitted as those of a gentleman at Woodstock, which occupy half a column in Mix\m ('ommis- sioners relative to the necessity for lemslation, the Directors of the (jreat Western Ilaih\ay havt; to observe that thev not only will not object to, but will cordially co-operate in devising, all reasonable enactments, calculated to secure the fair claims of the public. To a proper inspection of lailways bef<^re th«'y ar used foj- public traffic, no one concerned in the man- agement of railways can object, as, apart from othc^r con- siderations, it will remove from the shoulders of railway 22 maiiugers to thost, of public ofHccrs the responsibility of circumstariff's vhicli are liable to occur upon newly opened I'ailwav's. In ronjird {„ tj,,. various siiir^rostions made by tho Comniissioncis for legislative iu-tion the Dinr- toi-s protest against iniposinir ni, the Company an expenditure ov.'r wliieli they hav no .•(mtrol. Uaihvay ('.)nipanies, an.l DiurtcMs in j)arti('ular, have /ksmuch interest JIM the travelling pul^lic i„ nvoiilin- ae('id(mts and iu giving every jM-aetieable aeoommod."- tJon. To load the Statute Hook with restrictive regulji- tions on Hail ways, is only taking m direet rv fJirMl of preventing tlu^ natural extension of thes.- great but • lifHeult and often nnremmierativ(; works, on which tin- progress of (Canada in wealth and lU'osperitv now so mainly de))ends. Signed on belijilf of the Hoard of Directors. KOHKUT W. lIARins, amdton, i\prd •>, 18-^9. •*. .