^. IMAGE EVAIUATION TEST TARGET (MT-3) // ^'4^4 1.0 1.1 lis m lii IIS III 2.2 liii M^ Ii4 Sdences Corporation ^ <^^ v \ c\ ^^ u ^.\^\ 23 ViHIST MAIN STRIIT WIKtTiR,N.Y. 14SM ( 7U ) t72-4S03 y f:^. ^\^ % CIHM/ICMH Microfiche Series. CIHIVl/iCIVIH Collection de microfiches. Canadian Inttituta for Historical Microraproductions / institut Canadian da microraproductions historiquas Technical and Bibliographic Notaa/Notaa tachniquaa at bibliographiquaa Thai toth Tha Inatituta has attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha usual mathod of filming, ara chackad balow. 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Les certes, planches, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diff Arents. Lorsque ie document est trop grand pour Atre reproduit en un seul clichA, 11 est fiimA A partir de i'angle supArieur geuche, de gauche A droite, et de heut en bas, en prenant Ie nombre d'Images nAcessaire. Les diagrammes suivants iiiustrent la mAthode. 1 2 3 4 S 6 MONTllKAL AND KINGSTON RAILROAD COMPANY. Sir Allan N. MArNxB, Chairman, Cormnittce on Railroad . Mo.vTHEAL. llth October, 1852. Sib, — On behalf of the Montreol and Kingston Kailro-ul ( .'ompany, we beg to lay before the Committee on Railroadii a statement of the poMtion in which we stand in relation to the IJill now nnder the consideration of the Committee for the granting of a Charter for the construction of the f .'rand Trunk Railway, from Toronto to Kingston, with a right to extend the lame to iMontreal. And we do so in the full assurance that we shall obtain from the Committee that full and equal justice to which we are entitled, in common with every inhabitant of this Province, while we shall ask nothing more than a free opportunity of having our claims weighed against those of the applicants for the Bill, uot desiring, unless so compelled, to assert that the inteudod Bill is a most flagrant violation of vested rights, attempted without our having had the opportunity in any way of shewing our ability or otherwise to carry oat the greitt public object of sccnring a Railway Conmiunication between Montreal and the Great Lakes. We therefore now appear before your Camniitteeanl the Honorable House, not as claiming protection in rights legally acquired, ami of which no misuse is charj^eable, l)Ut simply and s<)lely on tiie ground tliat as Canadians w*; are entitled to a fair investigation of our ability to carry out the Cliarter we h')ld, that our means of doing so arr such as will in fact he the most advantageous to th-j Province, and that, if tlicre l)e any question of doul)t, we are entitled to the preference as liaving been the promoters of the undertaking — as having invested our means and incurred expenditure thereon, — as having subscribed the Stock after the public had had ample time and access to the books, and lastly, as having since that subscription, proceeded without the slightest delay to place tbe Company in a souiid position by the deposit of a large sum of money, by its complete organization, and by our declared readiness to proceed with tliu work immediately on l)eing so authorized by the Railroad Commission. Our connection with the Montreal and Kingston Railroad dates from the very initiative of this enterprize, and in connection with our present memorial, it becomes necessary to recapitnlate scmie facts that are already before you. The project of a Railroad from Montreal to Prescott was originated in ]Montreal, shortly after the opening of the Ogdensburgh Eoad. At a public meeting held at that time, a Committee was appointed to report on the subject, and funds raised to a considerable amount ; the views of that Committee, on investigating the whole subject, led them to the conclusion that the project should uot be limited to Prescott, but extended to Kingston, as a branch of a echeme which was them for the first time brought before the public, for a Trunk Railroad through the Province. Preliminary surveys were made, and the Committee reported fully to another pulilic meeting, at which another Committee were appointed to apply for a Charter to Kingston, and to obtain a detailed survey on which tenders for construction could be made — tliis was done ; and the Charter under which the Company uow exists was obtained, ap^ received the Royal Assent on 31st Augnst 1851. Biaaiiltaneoaaff wi^ the passing of the above Okarter, the Legislature paoed a Bill for the constxuction of the Truak BaUraad, kuedapoa the expectation then entertained, that the credit of the Imperial Qovemment would be «btaiiMd, ia conaectiua with the Quebec and Halifax Rulroad. By this BUI, the powers given under our Charter were aunpended, until, by Proclamation, the Governor in Council, should give them existence, and in consequence, the friends of the project were entirely debarred from acting, notwithstanding their anxiety to meet the general wish of the Country, by proceeding to get the stock subscribed, and the work in progress. At that time, there were passed pledges by every Municipality, but one, on the entire Kne to subscribe stock. The City of Montreal was will- ing to lend its aid, and the strongst conviction existed, that no delay need occur in proceeding with this most neces^- sary work. The project of the Railroad from Quehec to Halifax then intervened, and we feel quite justified in sgyiqg, that it was found expedient by the Government to dimiuish the apparent heavy pressure of that worli on Canada, by connecting witli its construction, the Western Road also. To secure the assent of the public to the Eastern Line, the fate of the W^estem Road was linked with it, and the local support that could Tiave been then applied, was suspended, and to a certain degree paralysed by the hope held out of the whole being uonc by the Imperial aid, as a Provincial Work. ' ■*--■* Wc wish lificbv tu impioss on thi.- Comm'.tti'o t\\c full iisiinmci' of the fact, tlint tlic Montreal niul Kingntoii Knilruail Company weix' no parties to tlu' Mi.-ponsitin of tluir < iiiirtor, and have never admitted any inability on their part to fulfil theohjects for whieii they w v organi/.td. "Wc desire distinetiy to jilace before your Honorable Com- mittee nnd the Country, the .statement tnut the promoters of theUraad Trunk liailway were prepared to have at once proceeded under their Charter, and that the delay of o!i • vear, wliieh ii:is already taken place, is in no respect attributable to their negligcmc, their financial incapacity, or their want of duo diligence in the enterprize. The Charter passed on the I! 1st August l8ol — the failure of the project for Imperial aid was made known in Canada in the month of May last ; and, on the 7th August, l^o'2, by I'roclanuition, the Charter of the Montreal and Kingston Iluilway enme into force. ( >n the Oth August, the parties named to put this Act in effect advertised the opening of Stock Books, and on the ItUh August, these Books were opened at Montreal, Kingston, and Brock- ville. On the 23rd August, the entire Stock was subscribed; on the same day the Engineer J)epartment was organized and ordered to report on the detail of the line ; on the expiration of lo days, as required ^y law — the preliminary Committee was appointed and, on the day following, official application was made to the Oovernnient for the location of tlie line. On the 2nd September, the final organization and aj)pointment of Directors took place according to law. On the 0th instant, a Call of ten per cent, on the Stock was made. On the 11th instant, the whole amount of said Call, £GO,(>K), was deposited ; and we now appear before the Committee prepared to submit Tenders for the construction of the lload, such as ire know our ability to carry out, and which will secure the most rapid and satisfactory completion of the Railroad on the least costly terms for the Province. On the other hand, we have to complain, that, so far from receiving that support and PACouragcmcnt which we claim as a right from our own Clovernment and Iicgislature, we have been met from the very outset with every difficulty that could embarrass a young Company. On the very day it became known that our Company were in a position to act, wc were called on to forego all our rights for the purpose not of effecting our objects by the Govern- ment (which we shoidd never have opposed) not even for the assurance that these objects would he carried out by others, deemed more competent, but solely and avowedly to induce a Company of < 'ontractors to make a Tt:nd to submit arc the most cment which •t with every tiy were in a the Govern - arried out by kc a Tf.tiiler in which our igiiers. We I a Company, ir Committee ! stock in our 1 attempt to flied, and to lade over to prize IS to be re you. Wo e to see tho mce raised— ?ery effort to which we are Tnment — our have never ;y to proceerl. r the solemn , sufficient to known by the I construct its competency ? So far as the Montreal llailrond Company have yet been treated, tlie answers to these questions reflect most •itrongly on the Country ; but we feel that this cannot be the intention of tho Legislature, we yet rely on frank and fair support at the hands of your (.'omniittcc and the Uovernment, and if we feci that the past would justify all ond more than we have said, we know that tiic future will redeem it, and that when the investigation be closed, the decision arrived at will bear the scrutiny of the public both here and in England. , , As we have already stated, the ^lontrcal and Kingston Railroad Company do not. at presfnt stand before yon on legal grounds, we have consented at the request of the Ciovernment to waive this position on the express condi- tion that we shall have a fair opportunity of meeting those who are seeking to deprive us of our rights, and after hearing their case, of placing our own views before you. We therefore pray at the hands of your Committee, first, that the )ilans and resources of the proposed Company be fully investigated, that the character and cost of the Itoad be declared and defined, subject to sueh examinations as may be suggested at our instance — and secondly, that we be then permitted to place similar statements and evidence on our behalf before you. Thus much we have the pledge of the Executive Government, but without any such pledge we feci we are clahnitig no more than what we have a right to ask, and which is never withheld from even rival claimants, if we are reduced to such a position. Before closing we would desire expressly to state to your Committee, that we confine our opposition to thatjof the right of extension from Kingston to Montreal. If that right be withdrawn from the Dill, we shall leave the responsi- bility of the measure where it may fairly rest, but while it forms part thereof we cannot avoid regarding the whole details of the Dill as affecting us, and open to our remark. As we expect therefore to have the opportunity of dis- cussing the several clauses as they proceed, we ouly now wish to place one or two points jiromiuently before your Committee. The applicants have power to raise £3,o» K^»,0(X» sterling by Stock, or about £12,oiuns amenable to public opinion here as in the hunds of litrangcrs. We pray them to gire at least equal credence to uur statements, by which wc must be judged here in our own country — as to thow who only appear on uur shores fur their uwu hcUish objects. In donelnsion, wc state that we can construct the Railroad in le$t time, for about out-half the declared Capital, and with a tmalhr antnuntof Provincial aid than the parties applying for the Charter in question. We seek no power to issue excessive amounts 6{ 8tock — deluding strangers into thu belief that works are coitl} which arc really cheap. Our course, belt sudcessRil or not, can never prejudice (Janadian honor orC.'anodian credit l>efore the world — uur enterprizo, if it fail, will not l)c burdened with the complaints of the confiding aud ruined Share- holders in £ugUnd. We shall not have to meet the reproach of having sought to givu a fictitious character to our woik, aud of having enriched ourselves by impoverishing others. If wo succeed wu shall still be connected with the work, we shall always stand open to the criticism and rebuke of the public, our acts wc shall never be able, if we desired, to shrink from, aud our profits will be those derived fahly and honestly fVora a correct appreciation by us of a vast public work, and by an economical and judicious upplicatiun of the resources at our command in con- structing it. We have the honor to i)e, Sir, Your most obedient humble servants, L. II. IIOLTON, President, JM. & K. R. R. ('ompony. A. T. GALT, \'ice President. JOHN LOVELL, fltlKTIiltj MOl'NTAIM ^TREET. / I •1 -Ir., , > . T i-.i, ■, ■> -r.t >= ' In ltd Road — I' fate of the ;»t rejoicing m — and the believe that the hiinds of Jgcd here iu the declared ii,s*ion. We coitl> which credit tefore uined 8hnre- ructer to our nnected with er be oble, if preciation by tnand ir. con- It. Oompany. , ,' ..,.,'>