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Presented at a Meeting of the Share and Debenture Holders held 20th May, t898 mmmmmmmmm TP V Relatin frrsr ll f CHIGNECTO MARINE TRANSPORT RAILWAY CO., LTD REPORT By Mr. a. D. PROVAND Relating to the Negotiations with the Canadian Government for the Reinstatement of the Company. J'nsntU'if (It i( Mrt'thin of tin- S/turc and Ihln'nture IMh'rs /iM ./nf/, Ma//, JS9S. ClliaNECTO MAPJXI] TIIANSPUIIT RAILWAY COMPANY, imm). To fke Debantare and Skan'hoi,l>'rs of the ('hignecto Maviiie TravMport Hallway Company, Limited. Gentlemen, From timo to time during the past four years we have held meetings, besiiJcs the Statutory Aiimial meeiiiigs, to consider the negotiations which have bci'ii proceeding with the Canadian (Jovt'rnmeut, lor the legislative reinstatement of the Company and re-enactment of the Subsidy, in order that we might proceed with the Railway and complete it. It was in ISi)l that the Contractors sioppt-d the work ot' construction, and in lcSy2 I went to Canada t'jr the tirst time to lay our case before the Government, to jiscertain what ausistance they would give, and ro endeavour to make such arrangements with the Government as would (.'liable the new Contractors to recommence construction ;ui(l complete tin; work. Since then I have been seven times to Ottiiwa — makiiif' eis>'ht visits aitosiether — to see tlu' Canadian Government about the I'ompaiiy's atiairs. We have had several interviews with Loril Stratheona and the Right Hon. Sir Charles Tupper, l^art., who have held the office of High Commissioner for Canada during the time the negotiations have been jtending. We have also had interviews in London with the Right lion. Sir dohn Thompson and the Hon. Mr. Foster, I'remier and Finance Minister in the hist Government, anf a Report to the Privv Oouneil of a Sub-Committee of the Council to whom the (piestion had been referred, and was to the etieet that they did not consider that tho scheme could be retjarded as one of such public utility as wouhl warrant an application to be made to Parliament for a renewal of the lapsed stibsidy. 'I'he Reply sent to this Report and correspondence connected therewith commences on page 21. For reasons stateij in the Reply we asked tiiat the Report sho\dd be referred back to the Sub- committee for reconsideration. Sir Wilfrid Laurier wrote to uw that this would be done, but no cojnmunication has been reci>ived as to thi' result. If they decide not to reinstate the Company we consider we are entitled to compensation, and this was represented to Lord Strathccma, thv lli^rh C^ojumissionor, and Sir Wiltrid Ljuirier last summer, ,ind by letters to both since then, but no communication htvs been received from Ottawa in rci^ard to this. Havimr now reached this position we feel it to be our duty to place before vou a statement as to what has occurred not only since you subscribed for the Shares and Debentures.but also as to what took place previous to that in connection with the enterprise. The account which we have to lay before you is ru'cessarily of considerable l(Mit,rth, but we beg that you will carehdiy read and consider it. The investing cla.sses of this country have carri.ith remarkable force aiul nnaniu.ity the then.." "^' "^ *""'*^ '•"""«'' ^''^' f^^'"""'^^ "f ('!"g"ect.o dividin;^ The last :.aragraph in .he Report of Mr. Schreibcr is a.«. folh.ws :- time' of "til!" r^''"" *''" •'».••;';•■"'-•" "• '^ «f«ip Ilailway over the Isthmus was, at the u'"u. n w ^•"'."'^«"^'\^;'^ /i^'l-'-t' - «'-^'^t as IS rher,.i„ stated, it nu.st be n.ueh aJiSed b;Vir;;;;;;;2:tk^^^^^ *"""^^^ "'"^^ ^'"^ ''^^^ ■" '^- ^-^^ ^' ''- --'^'-^ _ Ob the recommendation of the (Jovern.nenr, contained in thr Order in Council already referred to. iVIiameut, th.n took up the bnsines.s. In 1,.«2 two Acts were passed, one incorporating the Chignocto Marine Trat.sporr Railway Company, Limited, and the other providing a subsidy of .^150,000. a vear for -•> years. Ihe names of the Incorporators (21 i,i nu.nber) are given m th; Act of ' lucorporatio-.. They w.re all Canadians with the exception of Mr. Kdwin Clark who, as the inventor of hydratihc maehin-ry u^.-A ., UfMng docks, was for that reason included. In all Acts of the Canadian Parliament authorising and subsidising any public work it is necessary to make the statement contained in Clause 16 of the Act of Incorporation, which is as follows : — "It is hereby flecliircd that the cnnKtruction of the said railway is of general importance and a work for tlie general advantage of Canada." But the Canadian Parliament did not limit itself to stating in the Acts what was merely legal and necessary. In the preamble of the Act conferring the subsidy it says that this is given — "Tu consideration of tl:e great advantages whieli woidd accrue to the Maritime Provinces and tlie InttM'-colonial tradi^ of Canada generally from the construction of a Ship Railway across the Isthmus of Chignecto, &c., ifco." and in the preamble of the Act incorporating the Compmy it states that the Petition of the Incorporators is granted because the construction of the Railway would be — " espL'cijilly conducive to tlie development of the ccmunercial interests and coasting trade of th.e Maritime Provinces of the Dominion." When Parliament, on the rjcommen-lation of the Government, voted the subsidy to the Railway, it gave the most complete proof in its power that it was satiatied as to the merits and ccnnruercial value of the undertaking. iVnd it went beyond this, as the fort;goiiig shows that the Canadian Parliameiic were so anxious to see the Railway carried out, that it recommended it to Britisli investors in the emjihatic language quoted above from the two original Acts. In l«s:i a further Act was passi'd amending tln^ Incorporalion Act of the previous year, and setthng the amornt of the Capital Stock and Mortgage Bonds. The opinion of Parliament was summed up by Sir John Macdonald, then Premier of Canada, who, when the first Hill was before the House on the 11th May, LSS2, spoke of th." great advantagt! to Canada of the financial proposals in regard to the Ship Railway, and said — "The amount we are called upon to expend is comparatively small, and we are not called upon ro expend that until w.> have assurance of its success I tlunk the Government is to he congratulated on taking up the matter ni the way it has. Meantime. Mr. Ketchum cam." to London, placed the scheme and the Acts of Parlian.ent before Sir Benjan.m Baker, K.C.B., a.ul other emi.ient Engineers and Railwav Contractors. The Engineers in London who were consulted approve.l ot the Railwav as meehunicallv suitable for the purpose of carrymg ships over the I.thn.ns hot Mr. Ketchum could not obtain the capital to carry it ..ut on the term offered bv th- (Jovu-rnm.-nt. During the three years following LVS2, Mr. ketchum H came from Canada to London several times in connection with the business and in 188G. in order to furnish an additional inducen.ent to British investors ^the Cxovernment passed another Act changincr the Subsidy of $150 000 a year for 2o years to 8170,602 for 20 years. The contract to construct the Railway which wa5 to be completed by the 1st .July, 1889, forms the schedule to this \ct Sir Benjamin Baker went twice to Canada in connection with the schen.e and as the Radway was novel and uni.jue in character, careful and detailed surveys beyond what are usually necessary had to be nutde. and this work could only be earned out durin.^r about seven months h. the year, as fur about Hve' months the ground is covered with snow. Therefore the preparation of surv,.ys and plans-a,s is frequentlv the case in such un.lertakmgs-occupied .nore time than rhe Kngineers expeited These therefore, were not con.pleted until IHH'A. Si. Benjandn Baker took them with him to Canada, and they were approved by Mis Excellencv the (iovernor General on the 28rd May. 18,SS. In a Report of a Comnmtee of the Honoral>le the Privy Council reconhng their approval of the plans and specifications, there is th'e tollowmg passage : — On account of the time ncoosary to rropan- a,„l ,,„„|,k.t„ the plans and ob.an, the approval of the CanaJia,, G,„v,nment, the Incorporators had to apply to Parl,an,..nt n, 1,S88 ,or an cxtonsion of tinu.. and ano.h.r A.-, was passed in S^'O. and alxo a fnrthor extension of ,wo years, that was, until the Is, ,l,dy 1^9^ nnder a penalty of s,,,„UO a n.onth lor oael, n,.,n,h duri„B which the Uatlway re,na,„o,l uncotopleted. The finance t;la„se» „f tl„. prev.ons Acts were also anien.led by th.s Act ami the Capital increased. /^" ";'" ""k ,,laee down „o this ti.ne was clone by the Canadian Parlianteat A. the 21 Incorporators whose natne, are ,dv,.n in the original Act. -I'Lore wa, no p.o,aotton of the enterprtse by yonr U.rectors or anyone else in K.^ 1. The incorporators who jo.ned to.^ether and forn.ed what 1 n,av call a ,„-o ,:,r..ui ccnpany to see the sche„,e earned into ...xecntion were n.a pron.o.ers in the ordinary sens. J hey never had any linancal interest n, ,he Co.npanv either belore he capttal was Ibnnd in London or s.nce then. They n.a.le no pr„«t i, y repaid. \Uu, theexceptton of Mr. ICdwtn Clark they were all Canadians, n.any 9 )usines8, and iivestors the • a year for lilway which Act. the scheme, Hid detailed work could. ■ about five the case in ed. These, them with lor General e the Privy lere is the resfiitiiij,' the '> which will :unteiiiiil(ited [)lans and id to apply i j)a.sst,!d iti ' 1st .inly, Ist July, which thi' Acts Wore ^irliatnt'ut JFc was u<» ind. The iro funad •rs ill the iiy either itit i. .J ere hever lis, uiuiiy of them were well known public men, and it was from motives of public spirit that they acted as incorporators and formt^d the Company, the object bemg to obtain the capital in London. The gentlemen who so acted were merely part of the necessary machinery to create a company with whom the Government might make a contract and to whoui thoy might give a subsidy, both of which were to be afterwards transferred to the British investors who found the capital. Of these incorporators, Mr. Ketchum alone was afterwards connected with the enter- I)rise, because the railwa}' was originally projected by him. Everything was done; openly in Parliament, which had full knowledge of the actual position and intentions of the Incorporators, and it was perfectly well known that they were coming to London to find the capital. This was stated in the House by the Hon. Alexander Mackenzie, who was then leader of the Liberal Opposition (the Party now in power), on the lith May, 18S2, when the first Act was introduced into the House. He then said that — " he (Mr. Ketchum) will no doubt obtain the money in the Enijlish market with the gufirantee of the Canadian (joverniuent." The same language was held during all the time from the passing of the first Act in 18.S2 to the last Act in IS.SS, on which occasion Sir Charles Tupper, who was then Finance Minister, said: — "The (Jovenunent is not asked to pay any money, but simply to enable English capitalists to furnish all the money recpiired to give us the work at half the cost we could obtain these advantages in any other way." Therefore, between LSH2 and 1888, the Government passed two original Acts, and amended them by .subseiiuent Acts passed in 18S;}, 1.S8G, and 1888, for the pro furmd Canadian Company compo.se(l of the 21 Licorporators, with the sole object of making the entt^rprise sulKciently satisfactory to investors on this side, to induee them to find the capital. The foregoing is a brief account of the Parliamentary history of the enter- prise before it was brought out m this country and the capital offered for sub- seription. Before it was introduced to rarliament at all, it had obtained the sanction and approval ..f the Canadian Government. The scheme stoo.l the test of a long and eompU'i.' exan.inaliou in Canada by Engineers, including the Chief Engineer to the Government, by the Ministers, by Parliament, and by leading c.mmercial authorities. The detailed plans were all submitte -1 '-oubinu.tea at Uovernnient exuonse and the Sh.p Ua.lway wa,, ,leiib„,U,.|y a.l>,pt.,l u„t „„ly because it would sa™ .' G„ver„,„ent from „,c„rri„s ,his outlav, a.ul ah., fr iu „„,,„i„rity ever a SW , Canal ,„r the r."rp"se „f ,„p„l,i,„ th, „.,„j..,, „,j, „„,„ ,;^,,.„^^ ^ ;;; ^^ 1, but hkewse rou, the fact alludcl to by the Pn.u,ier, «ir .lohu Macdouald i,' peech ,,u„ted „„ page 7, that unh-.s the Uaihvay wa, completed to t „ Ja isfi t.on of the Gove™,„e„t, they would „ot be liable to pav anv ,ul,sidv .tl ,S ,' It „-,n,ld be difficult to „a,„e auy euterprise of the kind ever brought ,o Loudon to be hnauced that was more con.pletely for,„ie,l than this wZ bv a the ev,dence and guarantee, that our Eugiueer. an,i Fu.ancie,. eoul.l look W b for bnug,„g ,t under the notice of investors. Kor ntany year, befor.. the Ship lai »" was proposed, the Ship Canal wa, warndy advocated by all parties a, I't „ Shti Ra way schon,e when brought f,„..vard. presenting Ju di,'l so ,„.,: ad^.ta over a Canal, was eagerly adopted and promoted in everv wav bv the C-,„adian Wn,me„t an.l Pa nent. Kvery state nt Went to p^ve H.at iT v^T b> the Canadtan (.over.unent an,l I'arlian.ent as a n..cessary public work, and w had every assurance that ,t would be successful both as an ^[gi, coring sch me a 1 also as a commercial venture. ■ 'i, smi me ai,.i --'''■■'■f-'"-i'^<'-it - iiiii-iiiii» i««iiii>«i>'iri- iiif 11 RAISING THE CAPITAL IN LONDON AND COMMENCING CONSTRUCTION OF THE RAILWAY. When the Act of 1888 was passed extending the time to complete the Railway and finally fixing the amount of capital to be issued, the Canadian Parliament had completed all that was necessary to enable the Company to be brought out in London and for the Shares and Debentures to be offered to the public for subscription. Your directors were then invited to become Members of the Board in London. None of them had any previous connection with the enterprise oi with the Canadian incorporators who first formed the Company. The capital required to meet the contract for construction was £700,000 in Debenture Bonds and £800,000 in Preference Shares. When everything was ready to make the capital issues, it was found that in the previous year the Canadian Parliament had passed a General Railway Act which regulated the formation of oil railway companies in Canada except in so far as they were governed by special Acts. Section 93 of this General Railway Act deals with the issue of Bonds, and, after setting out certain particulars relating to them, it says in sub-section 4 : — " hut no Konds or Dijbonttire.s slmll be ksiiocl until 20 poicentum of the cost has been actually expeiulod oji the work." The above sub-section, therefore, prevented the Directors from issuing any Debentures then, and conseqtiently they could only offer the £300,000 Preference Shares. The Prospectus offering these was issued on the 20th March, 1889, and the whole amount was immediately subscribed for at par. The work <>t construction was proceeded with as rapidly as possible, but £220,000 had to be expended on the Railway before the Company was legally entitled to issue any of the tTOO.OOO Debentures, and this amount was not expended until the end of the followinS9, whi-n the Preference Shares were subscribed for, the £700,000 of Debentures could aU-i> have been issuinl and the whole capital required No subseqiient financial difficulties com pU Railway procured 12 could then have interfered with its completion. But the conipnisorv postpone- ment until the end of 1889 was fatal, and it was the sole cause of the "Debentures not being subscribed for when a sufficient amount had been expe.ided on the work to legally entitle us to issue them. In the prospectuses offering the Preference Shares and Debentures for subscription to the public, the Subsidy Clause in the Act of Parliament was set out, so that every investor knew the terms and conditions on which it became payable. This clause is reprinted on page 46. When the proceeds of the Debentures which were sold had been e.xpended on the work, it then became impossible to issue any more on account of the increa.s- mg feeling of distrust in the public miml a.s to the Hnaucial outlook of affairs in the Argentine Republic. Therefore, as the work proceeded, the Contractor was paid in the Debentures themselves against the Engineers' Certificates for work done. The total amount of Debentures issued bv the Company was £404 <)0() leavuier an un-i.ssued balance of £295,100 making £700,000 altogether. Many difficulties were encountered in carrying out th.' work. There wis an unprecedented rainfall which kept the ground Hooded and str.pped work for -t considerable part of a whole season. It was also found necessary to make extra excavations in the docks, the foundations for which had to be carHed tw.ntv-four feet deeper than originally intended, in order t,. obtain solid foun.lations for the masonry. The supply of labour w.ts also li.nited. on acco.mt of large works being then earned on in the neighbourhood, which prevented the sub-contractors from being able to obtain as many men as they would otherwise have employed A very serious difficulty was met with at one part of the line where the ground was fom.d to be so boggy that immense excavations, far beyond what were originally estimated, were found to be necessary to prevent possible subsidence afterwards. For these reasons the Contractors found that they would re.p.ire a further year's time to complete the Railway, that is to say to Lst July, 1«9;{ Applioatio. was therefore made to the Canadiau (Jovenunent in the beginning of 18J1 for an extension of ri„.. ,;.r one year, an.l to luue the Clause repealed in the Act of 1888 involving the liability to pay .s.-,,00O per nu.uth for each month the works we,Te m an unHnished state after the 1st July, isun J have been unable to ascertain why this penalty was put m the Act of 1888. It was done by the Canadian Incorporators the year before we were connected with the enterprise. So far as I know the Canadian Covernment did not a«k for it. and they nuule no objection to its being repealed in 1891. Besides constr,icting the Chigneeto Railway the Contractors were at the time carrying out extensive railway contracts in the Argentine Republic, for which la ory postpone- e Dt'bontures 1 on the work ?b('ntures for nent was set ;h it became expended on r the increas- i of affairs in •n tractor was ites for work 'OS £404,900 r. 'here was an 1 Work for a L) make extra I twenty-four tions for the works being tractors from in ployed. A ground wjus re originally ( afterwards, irther year's le beginning ■J repealed in each month I have been wa.s done by e enterprise, ley made no at the time .', for which they were unable to obtain payment, and as they could not sell any of the (Company's Debentures beyond the .£2.50,000 originally issued to the public they shortly afterwards found that they had exhausted their means and were therefore compelled to suspend the construction of the Railway. When operations were suspended nearly three-quarters of the total work on the Railway had been done, and but for the insurmountable difficulties which the Contractors had to contend with, the Railway would most likely have been completed and ready for being opened in 1S!)2, or early in ISO.*?. I have already explained in the first part of this Report how the Canadian Government and Parliament encouraged and promoted the enterprise. It is therefore of importance to see how thi'^ was looked upon by a leador of the Opposition in 1891. When the Bill, askinc; for the extension of one year, was then before the House, the Hon. Sir Richard Cartwright, now Minister of TradIy to the iiiiu'ls of English capitalists, from whoso pockets 1 take it tliis uioiiey is expected, that tlie Canadian (loverninent lias looked into the work, tlial tliuy Ijclieve it; to l)e a valii.il)le work, a'ul tliat it nriy fairly be implied tliat tho Government lielieve it to l)e reasouatily {)roHtal)le to tliose people whoso money wo are jtractically .securins,' in conse(iuenco of our havrig granted a sub.sidy." Comment cannot add tWrce to the above language, as Sir Richarrtd Cartwright states explicitly that our investors by the offer of a subsidy understood that the Canadian Government had looked into the work, that they believed the Railway was a valuable work and that it would be reasonably protitable. The .sole responsible cause of the Contractor being compelled to stop the construction of the Railway, and of all the (^)mpanv's subsequent trouble was the enactment by the Canadian I'arliaineur of sub-section 4 of Clause 93 of the General Railway Act of l.SSS. I'.ut for the change in the law then made, the Company could havr issued all the Debentures early in 1889— when th(! I'n^ferouce Shares were subscribed for— and secured the entire capital required to complete the Ra-.lway, ht.t tho sub-section made this course impossible, and when the Companv became legally ."utitled to is.^ue rhi" Debentures, the state of our money market made it no longer j.ossible to do so. Ahu>tey »'>'?'•>;*;«'« ^^^ . I uly,l»-)4, and that an e.\ten the Government s of the t^mtract anove meiuioneo lui .-i .nn.., ...v..... j, -^- -, usion of time to the said date for the completion thereof is necessary, at the next session of Parlia.neiit will nH-ommend to IV.rl.amont the 16 k'Kislfttion n.'cwiy to oxtoml until tlit" Ist .fiily. 1H!M, tl... time within which t.. complete mul H»iIwHy iind uppurti-niinceH iicconlin« to the Haiti contract." After receiving the Act iiuthorisinir the issue of £:{:)().()()() First Pn-f.-rence Debentures, the Hoard could not find anv sutticiently substantial Co-. .rnctor t(» undertalte the work, and therefore, I aijain went to Caiuida in September, 1H{)2, to endeavour to Hud a Canadian Contractor, as this had been su£r^ested to me by the Canadian Government while in Oft.iwa in th.' pri'vious Mav. In the above <|Uoted clauses from the Order in Council an e.xt.'usion of time is promised to the Company if they secure the necessary capital on or before the Ist July, 1,S!H. and in other communications, and alsi) verbally, the language held to us always implied that when we w<'re ready with our capital to recommence construction, the necessary time would be granted to complete the Railway. On the 20th March, 1893, a Deputation of Share and Debenture hohlers waited on the Right Hon. Sir Charles Tupper, Rart., then High C»Mnmissioner for Canada, and by memorial asked for two years' time. In replying to the Deputa- tion, he said :-- "That whenever at any reasonable time the Company are in a position to show they havt-ol.tan.e.l the noces.s.»y means to rariy forward tlie w-.rk and resun.e it, the spirit of this Order „. o.incd will h,, carrie.l out and the time will he extende.l to such a pericHl as will l)e fairly necessary to uirry out the work." In reference to the Government of Canada, he added :— " That they will give you whatever extension of time is found necessary to eiiahle tins enterprise, involving such a large amount of moiu'y which in gon.l faith has i.ceu expended, t.. be carried to successful completion, I entertain no ,loubt whatever." A week after this, namely on the 2Sth March, IMK] I went to Paris a.id met the Hon. Sir John Thompson, then I'remier of Canada, an.! Sir Charles Hibbert Tupper. 1 laid before them the Memorial to the High Commis.sioner and explained that as the time wa.s then insufficient to complete the Railway befor" the Ist July, 1804, it was impossible for us to raise the capital by the Preference Mortgage Debentures. Sir John Thompson admitted the necessity of obtaining two yuars' time and re.,uested that prints uf the Memorial' to the High Commissioner and of his reply should be forwarded to the St-cretary of State at Ottawa. He explained that no Orders in Council could be issued until he returned to Canada when he promised to pjac- the matter before the Cabinet. They both expressed themselves as in entire agreement with the Hii-h (Jommissioner's statements in reply to our Memorial as to extending the time. In October, 1«93, 1 again went to Canada to endeavour to obtain the necessarv extension of time. I .saw Sir John Thomp.son in Ottawa but wa« informed thar the question could not be considered unti! the return of the Ministers, who were then absont. ■-«*Ji«^i4*--.*fc«k-^>ii-,»^£i.«ii«»*w:. 17 nthiii wliicli t<> On Jiiy return from Canada in Movcnibor, l«9:i, as the financial depreasion had become less severe, we sncceeded in niuking a provisional arrangement with Messrs. I'otvrson and !Sons, (Contractors, of Victoria-street, who agreed to send Hngineers to inspect the works in the following spring, us soon as the snow was off the ground. Accordingly, as early as it was possible in IH9+, Messrs. Pearson sent Engineers to survey and report on the Railway preparatory to making a contract to complete it. Their report was received in Jiondon early in June. A contract was ' rhoreu[)on entered into and the original Debenture holders subscribed for sufHcient First Preferenci^ Mortgage lionds to complete the work. When th(.'sn. Notwithstanding this, accompaniml by Messrs. Pearson's Engineer, I went to Canada in July. The Session had, however, closed before my arrival, but I saw Sir John Thompson and also the Hon. Mr. Kosti^r, then Finance Minister. I explained that we were ready to reconunence construction as soon as legislative reinstatement enabled us to raise our capital. Sir John Thomp.son advised, and Mr. Foster eantirn»ed the advice, that 1 should memorialise His Excellency Lord Aberdeen, ( Jovernor (General, and bef..re leaving Canada I wrote and sent to His Excellencv two Memorials, one on behalf of the Hoard of Directors and the other o., behalf'of the Debenture and Share holders, asking for the necessary legislation e.xtending the time to enable us to complete the Railway. No reply was received to these Memorials. In October, lS!)-t, the Hon. Mr. Foster came to London in connection with fiiiancial business of the Canadian ( J..vernment, and a Deputation of the Share and Debenture holders waited on bin.. Inthe course of his reply to the ])eputation Mr. Foster said : — -rhe ( invernnumt. however, in this matter is hound to take in .ther considerations I' oil - than thoHe of strict and ahsohite legahly. aiul 1 ^;!'' ™;;.J^,,,„„„fc_t„,t the Govern can go in an as.snrance as .a responsible membe '^.^'^'^^^^^ ,,ai y,y^ it ou, ,,w,,.Y uin take this matter up as was promised Mr. i lovauU, ana we iiid that is as far as I jrn- OIU" 18 'I act with Kro»t mvv Jul ,I,,ulo,.co ^*""'' ""'* ^"'' *"'""'» *" «'» »'-""«I to tl.M the (Juvonu.u.nt w 11 tJk , ho L or ll .[^ I ''''''"•^'>'" "" ''""''^ "* "» think. o,.nH.lontly l„ok for i.^ .nvrth .'.^ .''""" ''^'' ''•' """ >'"» '""^. ' The fon.KoinK a.l.mts ,hat tlu- ,„..ral ..bli^nuiuu .,f .lu- novrnmont to the ( ompany was very strong, that we wen- perfectly r,,ht in a.kin, for a cleci.ion a u^ ^„;,i ^u„, . .,, "iiiLi » rne tligtj toniniissiDntir. Had that hewa, too ,n .„ receive a D,,.u,a.i„„ ' „ „,„l,.,l ,l,at l,o ag,..,! ,),,:,?■" '''■ '"""■' "="' '"''• ">'■ ""I"'""'"" ""■'■l> "■"' -iu.,1 o,f hi,,, he wo„M „„,.. a l,.t,>.r ,„ ,ho Secretary „( ,h.. l-„,„,.„„,, ,t,„i„« whv h. wa, „„abU. aVZT" I'""""""' '""' "'"" """ '•^' """"' "•-•"-'"- «^- ^■""'-- ""--'"'■■ I, ; "■ 'I" """, '"^■'"'""« '" 8" '" Wi."ls,.r, w.„.n. Ii,.,l „„ld.„:y two Zt '.""'" '■"■ >• '"' "■■•'■"■"»""'-. Th,. „.,„„i.,,>, letter wa, tneretore never written, ™2,I;""m '"■'7'- "'■':'"""'"••""'- 'his -ff.-'0.od ,h,.. (•a„ad,a„ Cabi„..t • rra ,ge,„o„ts, the reply pr„„„«„l by .Mr. K„,ter w,. „„t received, b„t in May, it!l h ""•""""''■, ■' '■"'''" '" ""»"''• "" ""^^ <■-■«„„,..„. were ,he„ re • t,, O .a«a th 1 „„. Mr. K,.,„r. M.,„.,t..r „f Ki„a„e... ,vr„tu ,„ „,„ that ,h. ^^^ '- ^■'— - ^ and Ull thci cir future consideration." ""> '^ *-'""""'""»•'« '"«l"-'l'tiV.ly without prejudice to As the Government decicli 189G, I went to Ottawa in J3ecei..ber, Wji ' ' nave a short Session beginning' in .January, iSdita^ «M!M#«|:K,' III unliT to renew the ( 'oinpiiiiy's charter mid subsidy, it ih necertHury that two Acts Hhouhl be passed by the Ciuiudiun I'arliameiit. The first w«)iild bo by a Private Hill which hud to |»usm biloic the Hooond— the Subsidy liill — which would be a (^overiiiiieiit iiieiisiire, cnuld lie iiitro(hioed. The UiM renewing the t!oiiipM'iy',>^ charter was introduced, and tho second reading taken «»u the !)th Maivh, lH!Mi, when it waw defeated by a majority of 1. Under these cireuniHtanee.s the Hill was a^'airi put down as a (jrovurntui'ut measure to be replaced on tin; Orders for seeond reading'. After another Debate tlu! division on this was taken on the 2()t,li March and the Hill replaced on the Urders of the House by a majority of 17. Meuntlme the (Jovernnient had introduced tho Manitoba School Bill — a most contontiou-i measure — and as it was certain that it would occupy all the rest of tho time of I'arliainent, which had to rise in April, and tiiat I should be unable to do anything more for the Conipauy, 1 left Ottawa early ia March and returned to London. After Parliament rose the Government issm.-d an Order in Council, approved 22nd May. (See page 4.S). This Order recites the previous Order in Council of !»th July, 18!>2, and in the three paragraphs quoted below places the following facts on record, namely : — "Tho MiniHter olworves tlirtt inulor tlio prtiviHieiis of the hist piuiis^iuph of tho Onler in C..uiu;il tirst iihevo cit.-l, thi- ('..iiipHiiy, l)t'fi.ro rh.- 1st ef .July, lH!t4, socuml ikil tlu' c'lipitJil iiffOHSHiv t(. fully furiiisli and iM|ni|i the U.itiwiiy. Ducks, iind other Works of tho ('(.nipiuiy in nil lospocts in Hcc.nhiiu.i with tho rocpuroiuonts of tho contract al.ove montion.MJ, and is now iviidy JU.d dcsiiuus to procood at onuo to tiui conmlotion ..f tho said lUilway. Docks, and otlu-r W.-rks, pn.vi(h>d an oxtonsi.m ot tin.o within which to coniph-to tho sanio for tho purpose of tin. .^'""J'T^ ""^"''^7 \":" witli tho Dopart.nont of Railways and Canals on tho 4th of Maich, IHHt., in- granted ko tlioui ; such oxtonsion not to oxcoed tliroo years from tho 1st of Octoher next. "Tho Minister further states that it appears to him that the delay which has occurred since tho passage of tho Order in Council ai.ovo cited, has heon owuig to ci.TUn.stances entirely l.evond the control of tho Con.pany who arc Inmo Jul.- desirous of coinpletiiiL; tluir undortakini,'. "Tho Minister, therefore, rec.nin.ends that at the next Session of PHrliamcnt the Govern ,ont snl.nut the U-i.lation necessary to extend, for tho per.od n.ent.onod aho o Ihrtinu witin!. which to"con>plete tho sai.l Railway and appurtenmices aceordn.g to tho said Contract. " The ab.>v.' Onler acknowledges that the- delay subse.iuent to the Order in Council ..f the !tth July. 1M)2, " has been owing to circumstances entirely beyond " the control of the Coinpany,' etc.. an.l is a full a.id complete recognition by the Canadian Goverumenl then in otlice of the Company's claim to reinstatement. The Canadian tieneral Klection took place in June, and on the l.,th ot August following some of the new Ministers were in Ottawa and I went there to meet them. 20 A Committee of the Privy Council was appointed to hear my statement of the case and report to the Cabinet, and I had the honour of presenting the case of the Company before ^his Committee on 2nd September, 1890. Being under the impression that I shoidd obtain an answer T waited until the end of October when the Government informed me that they could not state their intentions until a period nearer the time of the meetintj of Parliament. As no answer was received, a De})utation of Share and Debenture holders waited on Lord Stratheona, the High Commissioner for Canada, on the 16th February, last year, and pressed for a reply. Their Memorial was forwarded to Ottawa. When Sir Wilfrid Laurier came to London for the Jubilee, a simil.-> Deputation waited on him at ^he office of the High Commissioner on the'l.Sth July, and on the following day I had another interview with Sir Wilfrid and Lord Strathcon.i. The proceedings at the Deputation were fully recorded, but they would occupy too much space to include in this .statement.' In brief, we pressed them for an answer to our application. We had been readv from June, l.Sf)4 to recommence construction and complete the work, and had' during all that time been unable to obtain any definite reply from the ( Jovernment as to what thev would do. We desired to be reinstated in order to complete the railway but we represented that if the Government for any reason decided not to reinstate us then we considered that we were entitled to be compensated, and were agreeable to negotiate with them as to the amount which would be fair eompmsation and if we Aided to agree a.s to this, wt- were willing to leave the question of amount to be settled by arbitration. Sir Wilfrid Laurier ,)ro,nised that the .p.estion sh,,; 1K!)7. With reference t.. the (•lnj,Miect<. .|>iestiun, I l>,u„ght tl.e .u.itfer t.. the nttenti.m VoZin^Tir i;"."'>,,"-^'":'' /••"■" '^••^i-l. Hnd it'hHs l,een referred h?^S^! t onimittee of the Privy t ouiicil fcr c.ii.M.iemtiun im.l rei.uit athrnutue .,. negative. Ihe penud .,f suspense nn.st e.uno to an end promptly. Voins respect fid ly, A. D. Pruvand, Ksrd Strathcona enclosing a ..opv of an Extract fron. a Report of the Honorable the Privy Council, which Lord Strathcona informed MKM-ontained the decision of the Government m regard to the application s,ibn.itt.d on behalf .t .he Chignecto Murine Transport Radway Company for a renewal of its Charter and its Subsidy. In a l-tr..r to l..rd Strathcona dat.'d F.h.uarv 17.lv which was forwarded to you, and also in a !.t...r dated February 25th whieh I sent to you through Lord 9-> Strathcoiui, I drew attention to the fact that when wo had the honour of meeting you in London last summer, you informed the deputation of investors and myself that there might be difficulties in the way of obtaining the consent of Parliament to the reinstatement of the Company, and T then said that if the Cabinet decided not to recommend Parliament to reinstate the Company the investors would be willingtoconsidertermsofcompensation, and the substantial question I put iu the two letters above referred to was whether the Government would either come to some agreement with us as to the amount of compensation, or failing agreement, would consent to have the questi .u of compensation referred to at. arbitratioii in whicii the Company's e.|uitable rights should be fully taken int.. consideration. I expected that the Sub-Committee when considering reinstatement would also have considered these points, and that before this we should have had a reply to the letters above referred to; but Mr. Ferguson, q.C, of Ottawa, has recently wired that an answer would be received in about a fortnight. On account of this postponement I take the opportunity of sending a brief reply to the Report of the Sub-Committee which will arrive in Ottawa before the fortnight elapses. The Report of the Sub-Committee consists of seven clauses It will be convenient to take the first three by themselves .is they relate to the ori-rinal Acts incorporating and subsidising the Company. " -'First. It appears that in the year 1882 u .suUsi.ly ..f .SloO.UOO ,i year f,.r i pruviUeil It was conii.leted by the 1st of .July, 188«». lauwa), th.. .''f*;'^*"''^- ,I".l^/j'\f""'»al itidenturo wan entered into l.etween the Otticers of ,4ur ,',:,' 1,,;:;, ,; r , 'X ,«'r'if,,:'';;;'''i ■■;;' '".r:' • ,?"■;""'■, "-r ' ••■• Ih,. „b«vo 1, an i„co,„plc.te tt,;co„„l of lh.3 ..rigin „| tl,, C,„„,,,u,y ,u,.l ..( wl,., vva,, do„„ bj- the G„ve™,„e„t and hul,a„„..,„, 1 ,„e,„u„„,,i .|,.. |.,.i,„.i|,ai ,;>cu i„ he Statement of the Co,npa„j'« case, which I l.aj the h„„..„r .,1 nlaei,,,- b.-for,. . U,„,n,ttee „i the Privy Uuuneii on the -i,,,! .Sep.e.nber, l.ihi, a,.! ..ve„ at ,he ri-k of,to>,e,„e extent, repeating what I then «u,l i, i. ,,:,...ar. ,!,,„ I .houl.l ref.r to the very inipertant on,i»sio.,» Iroin th. above eh,„„, i„ ih,.' U,.p„rt. 23 of meeting atui mjselt Parliament inet decidorl rs would be >i) I put ill either come or tailing erred to ati taken into nient would liad a reply las recently unt of this b'port of the is. It Will be riginal Acts the Cliignocti* a year for .i this niilw.iy, II! OtHcors of whurel)y thi' granted by jtv thi) roji.l isioii of two vorniiiuut of nd of what pul facts ill ig before a at the risi; bouid reft r The first two Acts to incorporate and subsidise the Company were passed in Mav, 1882. The preambles state that they were passed : — "in consideration of the great advuntji^e which would acciie to the Maritime Provinces and the Inter-coh)nial trade of Canada." from carrying out the Railway, which would be : — " especially conducive to the development of the commercial interests and coastin. 24 Therefore, from 1882 to 1888, the Government and Parliament pr,>,„oted thi. egislation with full knowledge that the Incorporators would not earrv out the Contract made with then, to build the Ilailway which forn.s the Schecful. to the Act of 1880, and that their action a.s Incorporator, was .nerely .lirected to obtainin^r .uch measures fron. Par!ia,ne>nt as would n.ake it possible t.> raise the necessary capital 111 Loniloii. ■' The. names of the 21 original Incorporators are Riven in the Hrst Act of 1,S,S-. 1 hey were all Canadians with the exception of K.lwin ('lark, the inventor of the mach,ner.v nsed in the Lifting Dock. Many of then, were well-known rnblic men and they acted as Incorporators from motives of pnblic spirit. Thev had no hnancial interest in the work either belore it was capitalised or afterwards Thev were not .promoters,- They niad. profit in any w.ay. Some of them were out of pocket for expenses. The real promoter, were the Canadian (iovertiinent ami Farhament, and they were the only promoters whom we investors ever knew The Incorporators in the Act were to „s tnerely a part of the I'a.liamentary niachinerv of Canada to egalise an enterprise of the kind. The only Incorporator who was connected wtth the Company after it was brought ont in London wis Mr Ketchnin. the Canadian Kngmeer, who acted as Kesiden, Kngmeer to the Companv. He ™ the original projectur of the Railway , was largely out of pocket for prclnmnary expenses, only .a par, of which was ever repaid tohitn Ihe thud clause cover, tlie year 18,S,S. IJnt nothing is said about th.. a teration of t e General I.t„way law made in that year by iti.an.ent, I 1 J^, change was the direct can.se of all the ditKc.lties which afterwards befell the Company, I am entitled to draw attention to it. bv ,het,r""r'^"p"' °""' """"'""" "'* ""• ' '""'P'"'-^' "■"—■-1 i" March, 18,S!), !>otof h "^''-^''rrr """"" ""^ '''■"'■"""^■^' «"-- At that t„„e .he 2 ic of Bonds and Debentnre, trntll one-hltl, of the total cost of the work had been a uaily expended on tt. We were therefore debarre.d from issuing our Debenture , n I ■ r: ; ;'"V"''"">' I-'P«'t. 1 >.uve dealt with this inLte; "ferle t , It ' ,1 T "'''"^'■■■"-"-'"-"' «'"'--"'. and the omissi. fall n hCof h "' "'^"'•'"■".;'' ">c Sub-Committee is signiheant. We knew ompd led o coinply wi.l, „. we were lorced to postpone the issue of the DeU-nture^ panic ,.h,ch nlttmately over s tins country, as well a. all the leading countries it 25 of the world, was already threatening the money market This sub-section was the direct cause of our being imable to complete the Railway, and the Canadian Government itself, having found that it prevented the execution of public works in Canada, was compelled to repeal it in 1892. I respectfidly submit that the Canadian Government must be held responsible for the existence of this law which prevented the Company from obtaining the whole of thecrpital required at a time when this could have been found, and consuiiuently prevented the completion of the Railway within the contract time. Therefore with due submission I contend that the first three paragraphs of the Report are incomplete in their account of what took place, inasnmch as they omit all reference to the position which the Canadian Governnuait and Pn,iliament took up as promoters of the enterprise, and to the alteration made in the General Railway Act of I.S.SS. Claiises 4 and 5 of the Report to the Privy Council are as follows:— " Fourth Tn l-SiU a still further extension to .Inly 1st, IrtiKJ, was applied for and ^'ranted l.y Parliament to the Company, and penalties incurred for delays amountmg to ):().(M)() a year remitted. " Fifth Snhsofiuent to those extensions the Company entered into negotiations with the late(;overnment in the year IS'.L' for the purpose of procunnptdl further extensions, hut the conditions on which the then (Jovernment m thmr rder m Com ci oim2 aureed to recon.men.l a further extension, to w.t, tliat the Company should show that"they had placed then.selves in such a tinancial position as to enable them :: Poce^d Ju the \vork, and should also show that actual progre^ X (WrTi^t were not complied with durmg l-SU:}. nor was any in nnation given to the ^' '^'^iJ"»;;"t that the Company was able to comply with the said cmd.t.ons until a period of two years or thereabouts had elapsed from the i-assmg ot the sai.l Order. The fourth clause of the above refers to what wa.s the tirs-. application to Parlia.uent bv the inv..stors as distinct from the original Incorporators, and it is these investors who really constitute the Company. AH previous applications were on behalf of the Canadia.i Incorporators who had no connection whatever with the enterprise except to bring it by the aid of Parlia.nent into a shape suthcietitly attractive to the British uivestor to enable the capital to be raised in London. ... . ^ , ,1 •„„ KurtlK.,-, llK. Co,u,„itto,. h.r., take advanlage «1 a fact wh-A, „,,stead ot bung „s..,l a,a„,.t ,„, .lu,uUl I ve„t„ro to »a,, . ntitlo u. to geuerou, treatmout. W he„ M,o Urilwav >v.s brofght .0 Loudo,, wc n.igbt havo rogistored a .,cv,- Con.pa„y note bl e sst, ,g the »l,atc.,a„d tt would th.., have b.,o„ n„po.tb.o to »ay ove„ to a :l,ioai so,to-a„d that i.s tboo,,!, »e„«o to wht.h it ,. ""^'f^^^^^TZ i> r , K au.-.. is'H • but instead ot doing so, we n.-i(l.. 'inv annlication to Parliament hetoie i^'i , u^''' ° :;:td 1 'o' l.,..., >„ tl.. C. l.a„ cover out by can,.„g out tbe work a. a Catmdian Company operating under Caua.uan huv. 2() On behalf ofthe investors I therefore beg to protest a^^rainst the refusal of our request for reinstatement being supported ou mere technical grounds Until we found the capital, the Company existed only in a paper and Parliamentary sense, and what was done bef..re March. iNSf). was not d„no .nther by or for those who subscribed the capital of the Company.' It is an undeniable fact that extensions of t'ime to cmplete Public Works are applied for and granted as a matter of course. In answer to en.p.i.ies in Ottawa I was unable to tin.l that the Canadian Government had ever refu.sed to any bodv of investors who had spent their money, renewals <>f ti.ne to complete work^s which they had undertaken to carry out. In the J)ebate ,.u the 26th of March 189G, in the House, the Ho... Mr. Ives, formerly Minister of Trade and Commerce' and therefore well qualified to speak on the subject, said :- From this I presume that our treatment is without precedent in Canadian 1 arhamentary annals. Besides referring to the applications of the Con.panv for c.xt.nsious of time respecting which I enter the above protest, the fifth clause of the Report refers s'th :Vl ''""'■^' ''' ''''' ""' "'^^^'"^ ^'^^''^ P'acesubsequentlv.andit IS there stated that no progress had been made :- Fron. the above it n.ight b,. luierred that we had not been n.ovu.g in the matter from the tune of the i.s.sue of the Order in Council for about two vears afterwards. Ihis wa« not the case The Order in Council referred to m ( :iuuse o was granted m Jidv, 1,S!)2. Diirin-r ileit m.,,) .1, «■ n • , ! . •' ■ J^""",h "'-it an.l the following years the financial collap..c ^^as so complete that it was impossible to obtain the means to carry out any enterprise of this character. On the "'Oth Mireh is-.-i .. t ^ .• ' • i ,,„ c;^ .{. a deputation waited on b,r tha,U.s l„pp,r. the,, ,he H.^h (;„„„„ia t ,„,■ ra„a,l.. „„1, tho object to la',"'' r'"'""L "'"" "'" '■'"""'"" ''-—"■ "hieh, however, we tailed Sd'a,: T ':';' "' "" ^-'■"•^-'"ep chad to » e extent ub. nied, a„i hna„c,u. eo„fide„ce wan ret„r„i„,,, ,ve «uecee,led i„ „,ak„,. a Contract with Mes.sis Pearson -iud v » r • ^ 'ai^n.^ u -MS. Larson and .Son.s, of Loinion, the Contractors, to complete - ,,^--Ai*.d-.]t, 27 K' refusal of ds. Until •liarnentary by or for Works are. in Ottawa, any body leto woiks of March, Commerce, an mstmicu ifive known nuwiil.s hiivtj (^uiadian IS of time, [)ort refers tly, and it iiy WHS hMu ■ithoiit.s Iijul M^ ill tile two years Clause ') tinaufial •arry out >ii waited he object we failed JS8 of the le extent lakiiig a complete the Railway, and in the spring of 1 instance yt..eU^^^^ IS'.m; oil tlio oxprt'HS ground that a lenewiu or tut tii.uiLi „ tlio subsiily. nui.st ultunately 1)0 tleoiileil. 28 The sixth clans, and th. Hrst paracrrapli of the seventh clause of tho R.port deal uuh the Hill to ,enew the Clmrt..r of the Con.pany which .as before t ho House in ISI.G. and with the Order in (\>uncil of the 22nd Mav of the san.o year agreen,^ to recommend Parlian,ent to reinstate the Con.pam- and revive its M u ■ ,^'^''''''' '' "^^^^'^'t^^ the defeat of the Bill in the House on the !)th ^.larch, and to the Order in Council having been subse.uentiv pass.d in -direct dehance ot the decision arrived at by Parliament." I resi^eetfuUy subndt that the facts do not justifv the description given to them in Clauses 6 and 7. In the Division on the liill, there were .U for and Z7rT\ \'~l "'^J'""^' ''' ' ^"'^'- '^^^^' *his was a snap division is, 1 subnut stabhshed by the fact-not mentioned in the Report of the Conunittee-tha, a ^;w days later, namely on March 2Gth, the Hon. Mr. Mclnen.ey moved that the Bill be replaced on the Orders of th.. House for a .second reading, and this was earned by hO to G;^-a majority .,f 17. The Bill «'as therefore a^ain before the House, and tie Order in Council of 22nd May had no connection with, nor was it in dehance of, ,he decision defeating the Bid, because by the reinstatement of the t^ill that decisK.n was practically cancelled. The Order in Council was in fact an agreement to reeommend that the BUI should be pa.s,se,l by Parlianunt, and the Subsidy revived in as full a (iovernnn-nt sense as if the hrst J^ivision on the BUI nad never taken place. I re.spe,,.ti,,lly »„b,„it that what ,„ay b. r,.as„„ably .Icsc-ibcl as an accidental d,v,»,o„ take,, w„h„ut ,„uch prev.ous dci.bcrat, this was on the !Hh .Ma,vl,, and whu-h Ka«. on y a n,aj„„,y ,„ 1. cannut bo considered as a dolibcaf the House itscU did not consider it to be snch. n^ JL i/<^ih 29 Thorcfore, I contend that the OhUt in Comioil of May, l.SOG, should be regarded as binding upon the present Government, seeing that the foregoing facts relating to the Order, and to the two Divisions in the Hoine on the Bill, remove all reasons for holding the Oovernnient free from res|)onsibility, as the Committee, in the first paragraph of the seventh clanse, suggest that thoy should be. The second paragraph of the seventh clause states that so far from the C'ompanv having been rigorously dealt with, it has received repeated exteiiMons of time, and bus failed to comply with the stipulations agreed to in suttii-ient time to permit of legislation in its favour. The last part of the paragraph above tpioted refers to the Company not having been able to obtain the capital early enough in IS!)4. to [)ermit of legislation in that ses.sion. This admits that if we had succeeded in arranging tor the capital soon en.)ugh. the Company ivould have been reinstated in that year. B it the Clommittee surely will not contend that, because we wi-re then too late owing to circumstances entirely beyond our control, we are therefore to be debarred from all further favourable consideration. This would be to argue— not. that we were e.piitably disentitled to relief on the merits— but because certain financial arrange- ments could not be settled by a particular date that the Company ought alone to be the sutlerer from the unav.idable delay. Neither the Government, nor any interest or person in Canada, experienced loss or even prejudice from our being unable for nearly two years after the gra.uing of the Crd.T in Council of 1892, to obtain the rapital to complete the work. Since .June. l,S!»Ka period ot nearly four vears includinir two sessions with a Conservative Administration in power and two sessions with a Liberal Adndnistration, we have been waiting for a reply to our reou- t for time to c.mplete the work. In cminum tairnes,s our petition tor relief sh'uU .rcMudiced on account of delays before June, WM, ^vhich we were nowev.es , vent, nor for delavs since that date for which the Governments ot lotirpurt. .re entirely responsible, while we alone are the sufferers from their inaction. , , , . , In ,h.. thinl ,..m.,a,,h .t th.. .ov,mtl, clause it i. statcui that «t,ong pro.c,t. were ,„a,le du,i,,, th,: »„v,.,al ,li,cussi„nH. an.l that the, Oo,npa„y wa» ■warned that »noh n,.,,ln..ti,M,H-.vterrh,. ,„ r s.ate,nent-w„nhl not be tavon,.tbl> '"''"'thav,. .litlicnllv in nn.letstan.lins what i. .neant by the warnings refe, red to naw. > i,,,„nare n«'d bv some liononrable niombers nn ess tliey are to be lak.n as the l,iii<{nagi ■ ,^ , , ,, ,.„„„,„,. ,,.,, . 1 • ^ III tli'ir Di'bMtc tlu! i^ompanv \>ti>> personal to tlie Con.pany, ..<:, the investors. In lli.ir U.bat , n L/Oliipau} .-1 eieiiii ^^.l■■ "' "- -' -• . - 30 was shown except that we sou^'ht roinHtatcment, and to be allowed >wn money in completing' the Hjulway. Trust to expend our Parliament of Canada, we hat! ing in the Uovcrnment and the work which had been promoted bv themscl idrcady expend<'d nearly £750,000 in good faith on ves, and with which no person on this side of the Atlantic was in any way connected until, relyinp upon (Canadian Acts, the capital was furnished. I could .piote the words of many Senators and Members who have stated that our claim is one which the (^a.iadian Government cannot honourably disregard. The Hon. Mr. FostiT, Kinunee Mini.ster in the last O. -rnment, told the Deputation that waited ou him in London on the :Ust October, 1H94:— 2l:i\,^,SZ:' Z ""'"^•"•"^'"" "" ^'- «--"^'^ "^ -'-t .nim.t 1,0 called Several Members of the late Government have eontirmed this statement, an<^ no .Alember will express dissent from these views. Indeed in the d>'bat.' on' the yth March, when the Bill was defeated by a majority of 1, even thf Hon. Mr. Welsh, an opponent of the scheme (and who, I was informed, called the divisio.i), referred to the interviews he had had with my.self, in which he admitte.l the moral obligation of the Government to the Co.npany. and used these words :— ohligatUn!" ^ "*'''''''*^ '"'" ^" "''^'^ ^" '''" Government un the ground ..f moral And on a former occasion he told the House that :— see it adolS "''''' ""^ ''"»«'"™'^1« ^^'^y "f g«"ing out of the Hci.eme I .sl.uuM like t.. The last paragraph of Chiuse 7 refers to the testimony of experts and practical men to the etfVct that it is no longer po.ssible to believe that th- enterprise can become a commercial success. I have to say with regard to this that no such exp.Tt evidence has ever been submitte.1 to the Company. Or.e statement was repeate.llv made in reference to the difficulties of navigating the Bay of F.uuly. but this wa^; completely disprove.! by Capt. Douglas's report made a year or two ag<. for th.,. Government, sh<.winir that It was an easily navigated water. And I have i„ ,ny possession a large number <,t letters from Shipowners, Shipm.-i.sters, and Shippers of produce; also from firms engaged in the Coal, Lumber, Jiuilding Stone and Gypsum Tra thank you for your letter of the 18th inst. received a few .lays ago H. which you >ofonu m. that you will ask the Suh-Connnitteeof the Privy ci.uncil to whom the question has been referred, to recor.sider th. Report which th.y nmde on the subject in January last. ^ May I again address you in regard to our ffreat anxietv for an imm-diate answer respecting the reinstate.nent of the Couipany. or failing that as to what the Government will do in reference to agreeing on an amount to be pai.l to us .. eompensation, or to leaving the settlement of that amount to arbitration > On this point let me ud September. 1806. that I had the honor of placing the case for the (A.npanv e the CM r 1 1 '. ■' '^'""^•' ^'^^' '"'-' ^'^''"'"^^'^^ ^'' --'- i^ -' ' --port to the Cabinet I ha,l reason to expect I should then receive an answer and for thi. object waited m Ottawa for fully two months, but had to leave without obtaining any n.,>ly. Twenty months have elapsed since then and meantime our Works at Ohignecto are deteriorating and we are subjected to a continuous heaw exp.nso for maintenance, taxation, and in other ways. Whil.- th. Railway 'is in an necessary to complete it. -^ «o,t„'" " "V""^" •■""■ ';"■"=""'■"' '"" "-• Mi"i»'-.TS will .separate and ft.rth.r let us have an a„.«er to our appeal with as liitl,. ,|„|ay as possible. oamclj. that U .i ,s „,„.det tiocpsHnry to poMtpono wvcn for a Hinglo hour K'^'^"K *""'^ **" answor. Time \v(»iil«' rtvpiirt'd, if you ititt'n a surprise not only to you. the Share and J)el)enture holders but also tw our invr.suMg ciasses generilly. WJi-.n Sir Wilfrid Laurier was here last sum.ner the.... was n^f.-rn-rl to. and J f.„md it nece.s.sarv to write to Sir Donald SnulhdH.Nv Lord Strathcona.) on the subj.,.et. 1 leave ,.ut parts of th.- letters which it i^ unnoces.sary to reproduce. .■^^jim ••^sM^i^Jit' jS£kv9i ±s»ixmt.M lat while the Parliatnenr. 1(1 finaiieial Grovermneiit i>keii of bv imilar kind t'n!(jueiitly niey for the a circular ■ from their B Cauailiun Lies on the d aiiythinsr to apply to ',. thic Ihav,. n.,t hilhevt,, in a„y oonnnm,ication which I have writton «.> th,. .,l,j,.c,, alla.h.,l to ..,th..r political party. C)..r business i. w th the Domunon Govenuncnt without referee, to which par.y >s in power, bu, I led eo.npelled to briup to v.,„r notice the parttsau eharae.er of the treatment we have expefeuced So ar a;ia,„ aware no t;on,erva.ive l,as ever ,sa„l a wor.l aga.n.t ns nnp ung ,.„vth, l,sho„orable in our n.oUve or o„r proceeding. On the other l,and ho v ,.; we Intve been called .windier, in the pa.t and have been accused ot ::„din:, to ,wind.e .n the .nture, the Con.pan, ha, been <'™;-' -/^ ^ 1 we have been accused of >»,nino false prospectuses and al ^^ ^a J^^-en d n, by the supporters ol .he present Adndnistration n> l>arl,a,ne„t and n he, Pr.ss. ' A CO es lent in Canada wrote to n,e at Ottawa last year a. follows :- ••^cS swindle all bixpayers. Tho term '.swindle' Iihh been used so „fton in Parlinniont without any defence of it, or any usNertion of the justice of its ekiiiis on Parli.uiient. «.r any tlu.vough and systematic declaration of its rights through the press, it is but little wonder tiie scheme has hnally been accepted geiiemlly as a cheating venture." T know that tho above is a perfectly true statement of what was said of li-.yself, and those men who endeavour to make the public believe that the Chignecto claim was merely a " cheating venture " and that I was " heading a movement to swindle all tax-payers," are the supporters of the pr. sent Govern- ment. You have spoken lo me about the views held by the people of Canada and the consequent difficulties the Government would have in reinstating the Company, but. may I a.>^k, what can their views be when they have been tol.l little else than falsehoods about the enterprise, and frequently by prominent politicians who must have known better ( The Government have no real difficulties to contend with except those which hav^e been created by the language of their own supporters. I had much difficulty in inducing Members to read the Statement of our claim, but everyone who did so acknowledged that he had previously been unac(|uainted with our true position in regard to the undertaking. In speaking to Members on the subject I found I had to deal not only with those who did not know the facts, but what wa.s more painful still, with those who did not want to know them. The OtUncii Free. Pres.,—a strong supporter of the present Government— followed a series of attacks on us by a.i accusation of having issued false Prospectuses, but when it was made aware of the facts and shown the Prospectuses which rontained the Clau.se in the Act of 188G, setting out the conditions on which tl, • Subsidy was granted, said that "The British investors have been grossly deceived, of that there is not much doubt." We are not yet complaining of being deceived. Canada asked for and obtained our money on the faith <.f the Acts of their Parlia- ment. But if they will not now carry out their bargain, which is all we ask, then we .shall have been grossly deceived. I believe that the Conservatives as a party consider the Government bound to keep faith with us and to carry out their bargain. In June, WM; we were ready to recommence construction, and from then until the beginning of last vear, called swindlers because the use of such language regarding us might " indirectly be a reflection on political opponents irrespectively of its gross injustice " to ourselves and our enterprise ? " While some— I hope not many— public men in Canada seem to regard such conduct with approval, I cannot for a moment believe that the leading men of Canada will not unhesitatingly condemn all such ui\worthy methods of political warfare. The longer this matter stands over the more difficult it will be to settle it, and the more certainly will there be an outbreak of just indignation on the parr of our investors at the treatment they have received. For years I have tried to bring the negotiations to a close, and if no arrangement is arrived at early in October I must place before our investors, and also those in the Investing Companies holding our issues, a full account of what has taken place, of the reasons why I have failed, of the treatment we have received, and of the language which has been applied to us. It will then be impossible any longer to conceal the fact that the Members of one political Party in Canada are the authors of the deliberate falsehoods uttered and of the abuse to which we have been sub]ected. I have been to Canada again and again to represent the hardship of our case which has been adnntted by Members of both the last and the present Governn.ent. Nevertheless a ser,tloment is postponed, while our property is deteriorating year after year. We are distant and voteless claimants, and are treated as such. If a Canadian body of investors had found the money, no one who knows Canada will ventnn,- to say ihey ...mid have had to wait years for reinstatement. While vou have informed me that time could not be found to consider the very simple issue which i. presented in our ca.e, nevertheless ample time has been found to consids an.ongst the public men of Canada. On page of the pru., o, the ad.lres. ^ ^" "^^^^^'"^^ ^;^ of the Comndttee of the Cabinet last S.pten.ber, you will .m r-^;i-^ ^ the Hon. Mr. Power, which w.re those of an honest opponent. In 1892, .hen ^^. Ippliedto 1'arlian.nt for power to issue Preference Debentures, hoping by hat rins to raise n.oney to cou.p.ete the work which we had b^n 1-^^^ ^- ..btainmg by the sub-section to the Railway Act of 1888. the Hon. Mi. Kaulbach said: — 40 " If we attempt now by any means to prevent this undertiikins from going on, after an expenditure of .«;;,r>(X),(MM), we will .slmw that we are endeavouring to repudiate our (d)liyations. The object of this auieiidnient is to frustrate the "liill altogether and to stultify ourselves and make the people tif Kngland feel that thoy have no confidence in the future legislation of the country. We iiave, l>y the subsidy we have offered, induced capitalists to iro into this enterprise, and iuvest their imtney, and if we now repudiate our agreement we will be acting in bad faith with those people. ... If wo throw out the Hill, and by so doing ruin this undertaking, it will be for ever a monument to the perfidy i)f Parliament in trying to get rid of an honorable obligation which we assumed, and by which we entrapped the capitjilists of England into investing then- money in an enterprise for which they l)elieved they had the guarantee of Canatbi." This is the truth both as regards how we were iuc '•' invest our monev in the enterprise and the motives for opposingr our chiinia. Furthf>r v^omnient is unneccessary : the views thus expressed by the Hon. Mr. Kaulbach are held by many politicians and business men in Canada. May I add one word more ? All that has been said of us in Canada does not in the lease affect our belief in our own case. We know that we are right, and that Canada is morally bound by every honorable sentiment that can animate a Government to recognise our claim, and either reinstate us or pav ade(iuate corapansation, and until a settlement is arrived at I am certain this (piestion will not be closed. I am, dear Sir Donald Smith, Yours faithfullv, (Signed) A. 1). IMIOVAXI). The foregoing shows what has been said about us by c. , Lain members of the political Party at present in power. But the hist (iovernment by the Order in Council approved 22nd May, 1.S9G, fully admitted our right to reinstatenuMit and recommended Parliament to carry it into et!'ect, and if tiny had had a majority at the last General Election, and been reinstated in power, they would undoubtedly have given their recommendation legislative etiect. While v«»n should know what has been said against you in Canada by a certain section id politicians on the platform, in the press, and in Parliament, these utterances must not be taken as representing Canada and its peopb-, nor even as repre- senting all those who are in political alliance with the men who have made use of the language to which I refer. I liavo .pioted in the Appendix (see pages 50 to ')2) e.vpressions of opinion by politicians favorable to the Company. I may here add that while in (Canada I had tnany cMiversations with Banki.Ts, .M.^rehants, 41 rom yomg on, h-avoiirinij! to iiitu tho Bill f'H'l tliJit thoy >y tli« .suhsitly tlu'ir iiiitnoy, h witii thdso uiulLTtnkiiiy, fjet rill of an iu' cji|)itjilists l)oliuvecl they our money cominont is fire held by Ja does not riglit, and animate a y adt'(juarr lestion will AND. bers of the le Order iu ii,«tatenu;nt lad had a hey would VVhih' you section of utterances u as repre- made use !S 50 to ')2) may here M'rehants, and business men, and in every instance thoy expressed the opinion that the Government was honorably bound either to reinstate or compensate the Company. A natural ipiestion for yon to ask is, Why shoidd we suffcir because of political differences in Canada, eonsidermg that we have nothing whatever to do with it, our business being with the Canadian Government without reference to which party is in powtir ! Many paragraphs could be quoted from the press in ('anada, sympathising with the position of the Company. I (piote two, the first of which is taken from the Torovto Giohe, which possesses a cotnmanding inHiience in Canada, and is the chief supporter in the press of the present Liberal Government. In an article dealing with the ('hignecto Railway, in l.S!)l, it said :— "Tho (luustion iiioie iiniiio«liiitely coiiconiiug tho Cmiiidiivn people is to what extent the Dominion (iove.niMent is li.'vl.le. It is true that the prouuso of a twenty vears' sul.sidy was eonditional on the coiupletiun of the work hut it is equally obvious that the action of I'arlianieut was the l.ait which eaught the Bntisli investor who ouUl not have bitten at a nake-l hook. The original subsidy ,.roiuise.l in 1882 was for !^15().00() a year for twenty-tive years, but in 188<; this was changed to ^ subsidy o .«17vhich .Iclincd to recon,me.>d Parltament to reinstate the Company, then says :— f ( tl,.> c-ise which is .dmost painful ((.s (7 practically "But there is an aspect of t i c, c M ^^^^^ J,^,i„^.,,,ti..n given it by anwuHts to a natio,ud di.iinicc. On ^'n^ ^'"^•^ ^ ^ Biitain have been 42 CONCLUSION. The facts set out in the forosroini,' statomcnt aro too nmnerous to sum rnarisc but thiTe are two or three matters which aro entitled to notice. A meetinn; might have been held soDuer, btit it has been put off from time to time penuinir a definite reply from the Canadian Government. It has, how- ever, now become imperative that you should be called totjether without further delay to be informed of the position of the nejrotiations. The Sub-Committee of the Privy Council are, according to the letter which. I r.'ceivcd from Sir Wilfrid Laurier. reconsidering the .luestioti of reinstatement. If they finally decide not t.. recommend that course, there will then arise the .juestion of compensation and how it is to be dealt with. In view uf the many postponements which we have already experienced, I am unable to say wh(>n a final answer will be received, but I do not think it can be delayed much Ittnger. The -luestion of granting time to complete the Railway is many times referre.l to in the previous pages. In all such contracts the time to complete the work is tisually stated, but extensions of that time are granted as a matter of course. In this ca-se we were spending our own money, and the delay ha.s not prejudicially affected in the slightest degree either Canada (»r any ( 'anadian interest. The onl v persons who have suffered are ourselves. Further, the d(>tault on our part is onfv technical, and arises through our Contractors stopping construction, and this was the direct effect of the (Canadian Parliament's change in the law by the (Jenenil Railway Act of I88.S. In any case a default in point of time should he con.sidered relative to its origin. Work on the Railway was kept back by various natural difficulties, excessive rainfall, the absence of solid rock foundations within the calculated depth, and boggy places on the line which could not be known before the work was in process of being carried out. The delay thus occasioned egard t., the acts that we ux're spending our own money and were prejudicing no interest whatever exc.'pt <,ur own by the delay The follouing letter from Mr. R. D. M. Littler. Q.C, one of the best known leaders ..f o.ir hirliamentary Har, shows how applications for time are dealt with by the BHnsh Parliament. Mr. Littler was Chairman of an i.ivestne.M.t Co.npanv 43 o sum inarist uhifli ^iibstTiht'ii lor .some of thu Coinicuiy's hiltcntiirfs und I'rotoreiu'i' shaix's. lie was to a('rum[)!i v th'' (lujuihitiou which wiiittd on ilu- Hon. Mr. Foster, the t'iuiiitliaii Kiiiauri- Minister, in Lo-idon, hut iit the last iiiointnt lie rouml iiiiiist'll uiiabU> to ho pn'sciit and sml this IctU'r: put otf from It hius, how- thout further Coinniitteo of 111 Sir Wilfrid decide not to )ensation and 'hich we have received, but imes referred e the work is >f course. In prejudicially St. The only r part is only and this was ,' the ( Jenerul dative to its I difficulties, iilated depth, Work was in II one to two le, and it is ('ould furnish complete the lie Canadian lint,' our own he delay. ! best knt>wn •e dealt with nt Company '"J I'cMP CofUT, Tkmplk, My Dear Mii. Piiovani», Chignkcto. " 1 very niiii'li foivr, hh I told you. tli.it I sh.iU Ik; un;il>lo tn Uo with ymi in yur .ittomUnco on tlif I-'mluk-i! MnustiT to-niorn.w owini^ t.. tlii^ .sliortnoss .if tluMiuMco ami a vury niHKUutivi^ pivvinus ,.n.'a>'i'iii."nt. 1 sIk.iiM liavo mucli lik.'d to luvi- Ik'oii with you, roiiresi-ntinu; as 1 do £40,000 of suTid luoMoy ii.vi)sti' hdicviMl, an'-:;^t ''i^.^S " Chi^a.eeto. .save in the belief th.at Canada i,',ave the guarantee because s e w.mt '' ^ > •u d was determined to have it. Their country has sutlered no loss save that ot the del.i) o tlit i:;::; .'.he works as eomplete.l (while i, has reeeivd the .-. of tl.e outlay ;;^ ;- mo yX l„it we on the cntiarv, have h.st heavilvm interest .m our outlay and m .dl tliL expense or lu^lonnn'^o <':;.',.!-- N'" wnnaturaily Ibitish investors "'--;';;,^^'-- ,;;;;— ,, irresistible at h.m.e- should prevail lu ease of ne.d in ( .mada. 1 own I bd the less u...e n.y mabilitv to attend when I think of the m..ral p..siti..ii we hold. .. I cannot conceive it p,.ssible that an answer can be f.,un,l to ,..ur ar,u,m.nts which w^ud satisfy n..t only us who /h,.y invested but any person asked m the tutuu ..n Canadian .iua.o.tees. Yours truly. ^^^^.^^^^^^^ ^^ ^^ ^^ ^^^^_^^^ „ •I'he sum at stake is lar^e. About tlTr.O.OOO Itave been spent ..u the Rail^.^- all of winch, e.xcept the a.nount pai.l for hydra.dic machinery .wlucli had to be made here), administration, and other necessary exposes, has been expended tn Catiada in duties, carriage, in labor, a.nl lor tnaterial. Hy the terms of the Utitrac we are hound to repay the ( "anadian ( lovertnuent tl>e whole ot ^h. Subsu reeeived. alter meeting the agrcd dividend, Hut assumi.iK that we collected all the Subsidy lor .he full term of 20 years^-a.i ex trentely unlikely contn.g..cy-- _it wotdd'amount to less than we slcdl ..xoend on the Railway m Unada i^. b Th.. Rulwav h.. l>.-e-i c..nst,-n,.>..MW-- a ,n..,al ,.tn,.o.. atid ,s n.isutt,^^^^ lor any other. If therebav we are no, ,o l. re.nsta>..d or cotnpeasated, we shall lose the JCTo^l.UlK) I ueieion- v\e .ii< ..••> > 1 t 1 u„ . , , , X- , .,...1, j-i^k as thi^ w.is e .titeinplated by we ha\o cxiMiul.'a. .>o .s,K.. ii 44 lis when wo snbxoriliod for thf Shares aiul Dchcnturos. Utuior no cirouinstanros ciMiId \v(> havf snpfiosed that on tuvouDt of the dcfatilt of our ("ontrat't, or in com- pleting tht' Railway within tho tinu.' tixi-tl, w.- should have boen doprivi'd of onr wholo property. The piMialtics in a Contract for snch a work arc ranlv cxactiMJ. and then only to niei't at-tnal Ioks, but in this caso the penalty will involve the loss of the whole amonnt invested, and this will be ineiiried for a default, triflitiij when eonsidered relative to the magnitude of the enterpri-te it.self. juid from whirh no one hu.s siitiered joss except ourselves. Such a penalty has never vet been e.xact.ed l)y any (Jovernment under such eircumstanecs. If we could h.-ive for a moment, imagined that the Canadian ( tovernnieiit would have treated us a.s thev have done, we would not have invested one shilling in the enterpri.se.; and whil. this question remains unsettleil. it will be nothing ie.ss than a natiomd mi.sfortuuf if they can find in ihih market investors who will furnish capital for any .similar undertaking. No answer can be accepted as final Irom the (Canadian (Jovernment without a settlement of our claims. The »|uestion must be kept prominentiv before our public in order that every country may know that it is impossible for «»ur investing classes to accept .such treatment. If the Canadian (iovernment do not reinstate or compei;sate the Company this policy will firstly atfeet (tur.selves, but it will ultimately also affect all our investing classes. If wf tamely submit to the repudiation by the Canadian Government of its obligations in this case, it will be accepted as a precedent by all other countries which they may follow when it suits their convenience. I am, Centleman, Your obedient servant, A. J). PRO VAN 1). 4.') APPKNDIX. Copy of a Jifport of the Committei: of thfi llonmuihk I'rictj Conucll, apiirovcd by Ilia Exiylleitrij till' Gorf.r nor Opufiml in Cnnrvil on thn lltli April, ISS-j. On II roi»(>it (litod lOtli April, IKH'i, fnun tht^ MiniHtor of [{iiihvayH uiid Ciiimls, Hiilniiittiiig proiMisitioiiN of Mr. H. G. 0. Kutclimn, siipiiorttnl hy ii Uri^'i^ iiuihs of t.-vidniiw ir I,!i Thmehe on tin- Hay of Knndy. and Tiyuisli ll.ad. on Haie Verte, a distance of about 17 miles. 'I'he Minister Htates that a ntnnlier of ar<{ument.s and st.vtistical facta showinfj llioeonunereial value of tlie projected work to tlie eonntry at lai-^e, (lie coyeney of which hu (the Minister) fnllv reco;j:ni/.es, are set fortli in pamplilets siil.mitted hy the ori:,'iiiator of the sehenie which l.aniphlets accompany the prusont Me.mo ; that in .•oiiHideratioii of the work to he exei-nted the Company asks from llie (loverniiieiit assistance as follows ;- .V subsidy of 5«ir.(t(M»0 per annum, for"a perio.l of iT. years; the entry free of duty of all huIh ; the entry fiee of duty of sucii materials and machinery re.piiie.l for the hydraulic litts and other pini-oHes n.s were not made or manufactured in Cana.hi ; tlu- cania-e free of all sucli mati'iials over (iovonnnent Railways. The Minister observes in relation to tlu^ above scheme tliat for many vears ,,a«t very considerable importance has been att^tched to the possession of means liy which he witer .listlnce between the St. I.twrenee river and the Hay of t undy, ivpre«ent.ii. the umvi.'ationof tin entire Province of Nova Scotia, couid be reduced : that as ea-.l) cuciimi 18-.'r. a survey for ,i canal across the isthmus of Chi|.Miecto was etiected and that turther in the year 1«71. n commission Kat f..r the cnsideratioi. of the matter. I his commission, afte. an exhaustive entpiiry. reported as follows : " Insei-arably cnnected with the j^rowth of inter-c.doni.d trade is the c;i.nstruction of the Haie Verte Canal across the isthmus cmiiectin- the I'rovinces of Nova Su.tia and New Hriinswick. -The a,lvanta..-es that must liccrue not merely to the Dominion as -'^ ^vho e but o the commerce of the Maritime Province, are m. eieaily pointc.l oi t 1. ^^ -^^^^^^^^^^^ Trade of all the leadin;^ cities of Canada, and by men niteres ed in < Y'*- ; ' ~; , our con.n.etvial interests, not simply the meivha.its of M, do in s a id o . ] 1. . > the h..'ality of the proposed canal, but merchants ot Haii.ilto,,, '''' "^''- '"^ , ' Montreal, ^nd Muebic, Ihat it is supertl.ious for tli- coiiimissioue.s to do moie tlian i)rietly refer to a few .salient features of the scheme. The Minisfr further observes that, as an instance of the -'vij'-; ''-Ji^'--; ';;,.;;;; ^^1 u, tlie commissionei. state the distance by the --».,,« rouU. via ^-^ ;.',;- :;,;;:;■;„. ., ,,is to .St. Join, -namely r.tX. miles -would be ^•''''' ^'''. ^'V L ' lief Fii dneer of -overument canal. The Minister havin- referred the wlmle .piestion to the ( Inet hu„i railways he reports as follows : ~ 1 That the pr.Mect is Olio (luiteiu-acticable of execution. i: That the Ihip nulway as proposed would be a , 1 substitute for the canal ongn.ally coiiteinplat.'d , , . r i „. ,,i,i i,.. im^itlv :, That the advantage m r.spect of^cost ■--'M--' -; '/^i.;; .J^r';!: dl' iwtnmilllt in favour -f the ship railway, the cos, of.i bdf.ide -^"^' ^^ ^^^; ^' ^J , ,,^ ,^, company, ^^z^J;;::.:";'^^^^^^ "^ -'"-" ^"^ ^ ^ ''''Sio M;;;;^er submits an esti te m.de by Mr. K.c.nm. u,^. jj- ^Hl/i'lilli'Srs^;;; ,he cost of tlH. projected ship -'l-^- '";:^^;^;;:;^ ' :'rw d ho t'lnef Kngineer of (b>vetn- estim.'ite anioUiLlin- to the sum ot M,.... U»l , .is to » ;' j f,, ouautities and the montca.ulsrepori. that, accepting' .Mr. Keuhum s ivpu .... m.iti 4({ tlmiiictt r nf tlif line tlwif cnn lu» <()itiiiiii«|iiiii<>ii, li(> at liMsf i| It' works I irnjH )-*»«< 1. if tliniiiulinut of ^ MiiiiHtiT, in vi»nv nf tli H- •»lllll ll'lllH'M (' ift'iu'ially fu-kiunvli'ilnfil iiii|inrtinni' tn flu- rniunu'rcinl iiitcif^fs of fh,. wholf iM.iinlrv nf nu-,ins ^f croN-^iiiu t!ic UtliiniiH of ('liiL,'ii.-.l.i. .in.l fnitl fciiNil'ility nf rhi' jilaii now |iro|iiisfil ami tl III VK'W o f til. If sa\ iiii; Cost wliU'li It otIiTs as loiiipaii'il with ciiii.ii ooiiHtrii.tioii. rccoMnntinls that aufhoiity li»' irivon for tli.- ciitcriiii; into niraii . Mt'ssrs. Kffciiiiiii and Co. mi ih<> followiiii,' t.'iiiis for tht- construction of ,\ lint* of Hliip mil Ui'MHMitH with luroNS the isthniiis, wifli the ilintinct iiiitlcrHtiiiKliii',' tliat all risk .in.l wiiv <'X|iciiilitiirc coniK'ctiil thcrowitli 1>.' l)orii<' hy th<> company, ami that the said Iiin«. l.cinn suhsiantiallv Imilt. thoioni(hl\ ciMippcil, an.l ca|..ih]c of sat isfminrils iirrt..|inm.4 the services set forth in Mr. Ketclni Mini ,s .Her. a siil.si.ly nf .■<1.-,(>.(NMI a v.arl.e u'laiite.i l.v the < Joverniiieiil. -ii-h Mil.hiiJy to I InyahU- tor a term of lVi - . ' years and no longer, and tliaf payment coiunienei- whenever tht Nhip railway sliall i.e in full tipenitioii. anil ennfiniie ..nlv iliiriii'!; siieli time hh it may lie satis factt.rily worketi, Kurt lierinore. that the tnils to I.e chaiL'etl l.v the company he siil/jeet to tli, approval oi the ({t.vernor in I' " " ' oiiiu-i Th Caniils. and submit tl mmittee e(.nciir in forej^oin.,' recoinnieiulation of the Minister of Kail ways and fi or remis.sion of duties and free traiisi le .same for your Kxcelleiicy's approval, it lieiiiu' understood that the cl iiiHhion on material he not eiilertaiiiet anil Thu fu'lowii 20tli October, I-Sn;}. in \] It,' rf><)luti.)ii was pas.s.'d hy flu- Hoard of 'IVatli- of St. John, N.T. IVO iir of thf Slii|) Railway, ;iiins, means of comniunieiition Let ,i the w.iters of the Hay <.f Kiunly antl tli lice, whereby products of the several I'tovinc.s liordcnni^ theicoii may 1 may I.e sal'dy (.niiveved acios.s the Istl 1 "0" eiicnunterin;.,' tlie ilaii;,'eious njivi'.,'at inn of the .\tl.aiitic coast of .Nova 'M. interch.iimed without Scotia, wherehy ste.iiiK^rs and sailiii;,' vesHels, ailapteil as w.ll for inland as f<»r t.tjean naviiratit meiit or hreaking hulk, and wlierel.y the s.iilinL' tlistance Let mills of <'hii;necto. without the cost ,Mirl delay of traiishi|i- and ig - west of .said Isthmus mav \n- reiliiced about (KX) mil tweeii this j.ort and ;ill ports nortli vnhmie of trade .iml I and (iiilf of St. Lawr Wn\| Id liiafi'i'lullv increase till .eiielit tlu' shipping' inter, sts of this and other pmts in the Uay of Fuiidy i'lice .IIK HV.t tisl lit, by means of a Ship Railway aero^.s the I.sthmus, th.' nbj,rts afnres lid ni.iy he I'velnpiiient nf the a'^'ricult nial, miniin,'. lumbering', and acconjplishotl, ami tlius stimulate the d mil,' resources of the districts conti lljiil MV, l^uous tt. the aforenaid ports ; an >{ a SI miiindinus docks and hydi.iulic lifts, for r.tisin^' and tr.iiisp' iitiny over its 1 ell Vessels of l.tMMl tolls register ; therefi lip IIIC ore •V.v./(V'/, That this Ht.ard is of opinion th.it tlie iindertakin-,' of Haid Cnmi. f....;i;.. . .. ^ 1 , ' . . ' ... , - iii; ni Hai olaiiii . .lohii, N.I!., iiuiiU- !>!' tilt' Kiliuly anil the u'rciiii may In I'IHIhI of S'llV.l i*aii iiavi^atiiiii, lay iif traiislii|i- ail |ii'rts north ly mcri'.isi' tlur Uay I if Fiiiiily 'ii'sii'I iii.iy III' liiiiilieriii^, ami Imii iif a Slii|> Ig iiVlT its line iim|iaiiy wmilil inviiiccs ; and tin- saiil Sliiji i.st'.s, and piuvo TO TIIH riianl, |iriinii--i' iin-r followni'.^. In till' pri'Srll! I'niitracf, aii'l ii,*»(>- |»'r annum MJiali Ko payaMi' tn tlir ('iim|iaiiy at thii I'liil itf t'ai'ii lialf yrar in instdiiniiilH uf >,;;u| ; it lifiiiif I'Xpii'Hsly umltirNtiind ami auiiu'd, liuwi'vor, that, nnih snlisidy shall iml Im payahli' fur any piriuil during till! H'lid twi'tity yoaiH diirini< which tlm I'linditimis hIidm- iiii'iitiinii'il luu,. imt hi'i'ti coinplit'il with. " (2.) Thf ('iiiiipaiiy sli.-iU ••iily call iipnn tin) (invurnuieiit nf Canada fur thu pa; - niciit iif siii'h piiitiiiii uf till' Miiltsidv, pasalilc an afuri'iiiciitinncd (« hicli sii.ili imt in any casi' I'M'oi'd till' aiii'iiiiit tln'ii due i*aid seven p.r emit., until the wlmh' nf tjn' nuhsidy which may ihcn have hciMi paid tn thu Ciiinp.inyHhall have licmi repaid tn iln- !/ of >' firf)ort <)/■ a Cnmrnitt,;- »/ ih- lh>,tn,-'ia<'ll, 'ipproi-rd hy 11 ix h'.irf/f>'iiry tif 'ni>r (.''-ii'i-a' in Coniiril on llf 'Mh Jiihi, 1^'.'-. On a Uepnrt dated 7th .Inlv. 1HH2. frmn the .Minister of iJaiiw.ays and Canals, statini,' that the Chi'-iu'cin .Marine Traiispuri U lilw.ay Cnuipany has inadu apphcatim. tn him with a view to nhtamiii'^ line ve.ars extensinn nf the lime imw limited fnr the enniplotimi nf t"'e wnrks n ho cnnstrucu'd hy the Company uiid-r the Cnnti.ct entered intn with the I epar mcnt ot H'^'l" J;^ and Canals .,., the Itli March, I.HSi;. That the Cnuipany. in supprnt nt mucIi apphcatim. has represented that al.-mt Tf. per cent. u. value nf tlie wrnks uu.leriakc.i '=vv;' -;;'; "''Y^'''^V^. a. expenditure hy the Cmnp'tny nf hctweeii ^;!.0(.il.(H>U ,tiid .>^, (Kill, XMl : that U ^Mll • pnr.^ •m-aiu,liim.ihillar,fu,therexpmiditurotncnn,pli'te tie works; thai the nperat.ons , ,' 1 i works M'le suspended in the latt'er part of last year, and have not heon recmuincnccd tla his suspension wasowim,' to the ■ ' -mpany's enntru'tms hmnu miahle ,n the depressed s'ue .; the money market mnuse money on the Cmupany s s.-untii. ; ^^;^-^,^lX^^ the further necessary capital to r. .'.muience and cuupl-.e .1... wmks '''•, ^ j; '1^.'"- '^i; ^^^^^^^^^^^^^^^^^ and h.isnl.t.dned.autlinritv from I'arli.tment at its prese.i M'ssmn to is.sue ^ '^.^ ' ^"^ Mni„a,.. 1! IslntI xu-ntnf £:!:.'K'''»''^';'''ln.^; tl^tthe l)irec...rsfi.^ a^^^^^^^ cai npnii tlu'M. Uniids nl.ia.n ill.' re.pusHe ci,ina m • ..iiKte .he wn.ks . e J^> j I - r:asnnahly certain that the time fnr the ^-^f^}^';;i^,\:^t^^^^^^ fnr at leant one year from the time '''•- '^ :;,'/:;;, Z:^ ;,;.,,,:, .,f the works, as well reuUS te nw 11" tn the line which has alreail> Deeli |n>I s.iui tm SI 11 - imli'ss as 1... hat whi.l, must .UH.essarily elapse heforo tlu-y cmi now he r— " - ,!.. (•,.i..p...y cm slin. that they have ''- --^^^ "j , ^^ ;;; ^ sZ / f V^^ ^ ■;i\t:;rl::;:::;;;lj;;:r::nt:^:t'::a=^^ tn eiide.avour to niise the money necessary nn I he new l.ni.d issue. 1 ,, , ; .M- ,,(■ till' i iii'e amount nf iirivalo capital The Mini.ster under these circumstances, and ... ^ '•?\''' ' ' ^ 'j' ^ ' . . fact that the works which appears to have been already investod in the Muks o " ;^' ^ „.,f.i,.e,seen "I -• ' i '»• >•• ■■•-■>>• '■' ''••;■;'• ''''^a;^:::^:"";;.. t o i:;in r ^^r^i^r cap„ai ami t.. eircum.staiice.s. ,iiid that .t wnuld appeal neie.ssaiv lu 'yiu ,,,„,,,,,as — comiilete the wmks m have the ad.li.ional time asked foi, lei-omm.nas . . ,. I .1.. til.. If'iilwav and aiiiiuiteii.uices iins That provided that the works necessary to eo.uplete the ad^^^^^ Le (iovcnmr in ...tually ill progress, and t'n /'-'"l-">' •■^':'': l;'';;!, to n" ml e.p.ip the railway, docks Cnuiicil that I. has secured all the cap. al "-'■7;' ;, . ' ,1,, re,,,inrcments uf the Contract .and other vvork« of th.e Company m "dl respects acioi.linj, to 1 •i8 above nientionod on or hoforo tho 1st .Ttily. 1H!>4. and tliat an oxtensioii of timo to tho said date for tho eomplfti.m thereof, is necessary, the (Joverninent at the next session of Parliament will recommend to Parliament the le<,'islati.>n necessary to extend until the 1st .Inly, 1894, the time within which to complete said Railway and appurtenances according to the said contract. The Committee sulhuit the above recommendation for Your Excellency's approval. Extract from >t h'eporl of the. Committee of the Honorable th-. Prii'i/ Council^ approved hy //is ExceUency, the Governor General, on the 'I'lnd Mni), 1S96. On a Report d ited L'4tii February, 18!Ki, from the Minister of Railways and Canals. Kubmitfin^ for consideration the following approved Minute of Council, dated tho 9th July, 18!»l'. "< )u a Report datcfl 7tii .luly. 18<>2. from the Minister of Riilw.ays and Canals, statin,' that the Chignecto Mirine Transport Railway Comi)any lias made a|(plication to him, with h view to obtaining one year's extension ot the time now liniited for the completion of tlie \Vork-> to be constructe.l by the Company under the ontract entered into with the Department of Rjiilways and Canals on the 4th of March. 188(). That the Company in .sup|)ort of such application has represented that about seventy-live per cent, in valui" of the Works midertakeii havo been constructed at an expenditure by the Company of between !?:!.<«K),(KM> .ind t!4,sent Session, t.. issue first Preference Mortgage Hon. Is to the extent of f;!r)i».IHX» st.;iliiig That the I)irect(n-s feel s.atistied they can. upon these Roiids, obtain the recpiisite capital to complete thest- Works, provided they can feel reasonably certain th.it the time for the cr.mpletion of tlie Work will la- extended by Parliament for at least one year from the time now limited, which is the 1st .Fulv. 181)o, that this extension is rcpiisite owing to the time which ha.s already been lost since the .stoppage of the Works, as Well as to th.it which must necessarilv elapse before they can now be re-C(mimenced. but that unless' th.- Conipiiiy c-\n s!iow that thev have the assurance of the liovernment of fJanada that a Hill will be introduced and jji-omoted by the (foV(-rnment at the next Session of Pirliameiit extending the time for the completion of tin; Works as above mentioned, it. will be useless for the Directors to endeavour to raise the uionev nece.ssary on the new liond-issue. ••Tlie Minister under these circumstances, and in view ,>f the large amount of jirivate capital which appears to have been already invested in the works, (.f the further fact that the works apjiear t.« be so nearly completed, tliat the suspension of the works was owing to uuf.ue.->een circuiHslaiii-es. and that it would ajipear necessary in order to .dit.iin the fiirtlier capital and to complete i!k! works, to have the addirionul time aske4, souurod all tlio capital necessary to fully furnish and ecpiip tiie Hailway, Docks, an'p'>rt of the Cominitte.e of the Honorable th: Privy Council, approved by His EvrdUnry, the Onvernor-General, on the -llth January, 1898. The .Sub-Committee of the Privy Council to whom the sul)ject of the Chignecto Marine Railway Company was referred, rei)ort as follows : — " F.rs/ It api.ears that in the year ISS'i a subsidy of .?ir,i»,0(»l) a year for a period of 25 years was authorise. '•.S-,.,-<„„/ In ISSC. a foriual indenture w.as entered into between the Otlicers of the Chignecto Marine Railway Company and the (Jovernment of Canada, whereby the saul Company agreed to complete the said road by the 1st of .luiy, !««.». " nini In 1HS.S an extension of one year appears to iiave been granted by I™»"ent counled with the pi^.viso, tha. in the event of failing to complete the road by the 1st of .July, iS hM upJvshoud be allowed a further extension of tw.. years on cund.tu.n o payn^' .riine of .s.-...l.>> a month to the .iovernuumt of Canada for each montii during which the works remained uncompleted. ,. , r i •' F. ,n-H, In l.HiH ,i still further extension to .July tlie 1st, IS'.Ki, w.as applied for and grante! ;;; l'a,l!L...n; to the Company, and penakies incurred for delays amounting to |!(1(>,()' ™\ ^ *|^^ ^j^^^^ ,,,,1 . lu.uld theu.selves in such a tinancial position as to enable them 'M ' - ;,' , Ln,,/ S-..:!. nor was also .how that a,..ual progress was being made ^;;7;\,;;;;' ^^ ' ,^;;:1;;:; ^y wah the saul anv intunatioM -.ven to th.' (lovernment th, ^''^ * " I '; 'L,,,.,x f,om the passing of the conditions until a period of tw- yeirs or tli 'reih.uts ha I .lap.tci i "'^" ' nJ:;.. I, further a, ars tha, a ^^'^^-^^-1:^-^-;-,^::.^^ ,.l,hough supporl,Ml l.y tho iat.. (iovernment. w.a, ^^■'''^2^'}f^':2^ groun.l thacM renewal of th. charter miglu involve a ^ " ' ^ ^ ^ . ^^^^^^.^^^ '. .SVr.H^/., Th.at the l.te ( iovernment did on th- -" , „f ■, V, ,,i,,i .,f tlie sa.d subsidy, .,f ,.,,,i,„...,.,, pass an iTder in (•oui.cd agree.ng ^^: ^^Zt^^^^^^^ '^'•'■'ved at by ,„., „.., .noh nrder, bein. 1--;^.-; ;,;;"; j';";;;;;; ,;'.:, t:;;':;iccessors much less ou the Parliament can m m. way be reuat.ie.l .i-^ "",-„,':, „„,.i,. l,o decided." I'.ui.am.M.L of Canada by whom such .p.est.ons must ultimald.v I.e 60 The Sub-Coinmittco observo th:it it, would iippeiir tlioioforo, tluit so far fruni having been rigorously doalt with, tl;e Company has roci'ivod ropoati-d oxtfiisions and havo faih^d to comply with the stipulations agreed to by themselves in sntHeient time to jtermit of legislation in their favour. It would also ap[)ear that the late (lovernment were unable to olitain a renewal of the Company's cliarler from Parliament, and throughout tlie several it the same for Vour Kxcellency.i approval. J The following letter was sent to all the Members of the Canadian Parliament : — Vhujiieclo IShifj liiiiluxty. Rideau Club, ( )tuiwa, Sc^tt'tnlwr 2'3ril, WM. Dkak Siu,^-()n belialf of the Britisli investors in the aliove enterprise 1 have come tri Canada and ap]jlied to the Dominion (ioverument for .i revival of the subsitly to the Railway, in oitler that it maybe completeil and opened for traffic. The cost t)f the W(»rk has l)eeii 8.'{,50i>,()(Ht which ha:! been entirely piovided by tiie investors without reci'iving a cent nf public money, and has been expended for lal)our, for machinery, and l'i>r material ; nothing lias lieen i.'.id out for any other purpose whatevei'. 'I'he {Railway is n-w about tliree fourtlis cini- structed and could likely bi- finished in two seasons. The investors are in no waj' responsible for the unavoidaf)le delays which havt prevented the works being completeil. Inaccurate st,;itements have so frequently l)een made in reference thereto that many erroneous opinions have been formed about the Railway. I therefore beg to enclose a l)amphlet giving a firief account of the origin and position of the enterprise and respectfuliv I'eifuest its perusal. The present investors have suf»8cribeital to comph-te the works, which will he called up and construction re-commenced as soon as the Dominion Parliament }ias.ses the ueces.sary legislat ion. In reference to the trafiie prospt'cts I beg to refer y.iu to a letter of the late .Mr. Ketcliuiii. C.E., the {irojector of the ItaiUay, on page •_*»; of the pami'liht. I am. Sir, your oliedient servant, (Signed) A. D. PKOVAMI. Rearitig on rlic moral iind « iniiahlf liahilitv 'd' ( 'unada to tlu' Cuiiipaiiy, 1 beg to i|uot«' a {fw opinion.'* oxpiv.s-.iMl in dcharr : In IN!)!, tin- ("omp:iiiy a|>|>litMl to I'/irlianicnt for oiif Vf.ir's oxton.sion of time, and in rcftTtsnec lo this ait|ili'\itioii th,. H,,ii. Sir .loliu Ahbott said : "It seems to me tiiat we are to a .jreat de'.,'ree Ixiinid in good faith D give thesi' contractors tho opportunity of compleiin_' this work. ! do not, si>e very well how w- could refuse them. 1 think a refusal to allow men wlio have spent tliree millions of dollars to spend J:ri.ses, when we apply to Knu-land to borrow money to tinish them with, and I think it w.juld be an extremely hard measure to mete out to these contractors to .s.iy that, not having completed their work witiiin th.,- jireci.se tune inentioneii lu the contract, they shuuid be luulct uf so iariH; a sum as ilu-y iiaVe iii\ehleti m ii.'' 51 The Hon. Mr. Power, following Sir John Abbott, said: *' I do ni)t rise fur tho imrpfise of opposing the motion nf t.lie Iwulor of the (iovernnn'nt, hecauso I cannul help fooling, us tlio hon. gont Ionian litis said, tiiiit the faith of the oountry is pledged to this undertaking, and tho gontloiuan who have I'harge of it have given the best evidence of their good faith in spending tiie large sum of money which they have spent on the undertaking. T have never been a believer in tho utility of the work, and 1 never thought it was a scheme which should receive the inimense subsidy from the Ciovernment of this country which it is to receive when completed. lUit tliat is a matter as to which my views were not shared by the majority of this T'')use, or a majority of the uthor Hnnse. That being the case, I thilik there woidd be im justification perha|)s in nur undertaking now to stop the j)rogreHH of the work." T]w Hon. Mr. Hotsford said : "Tlie Parliament of tho Donuniou is pledged to these parties to assist them as far as possible, and it would be a broacli of trust -in my opinion a breach of contidence— that could liardly be justified ))y any legislative body." "Tho money has been advanced by capitalists in Kngland ujem the faitli of tlie Parliament of Canada." The Hon. Mr. Howland '■aid : "It would 1)0 very unjust nu the part <>\ tliis Parliament, after ;ui expenditure of three millions of dollars ..n'tlie w..rk, to ste[) in and invvent its L'..iniile1ion." The Hon. Mr. I'oirer : (in Frencli) "I think it would bit bad policy i.. refuse tliis extension ..f time to a company tliat has shown such g I faitli. a company wliicli has alna.ly ^pont three nullions of dollars of its own capital on the enterprise, without demandmg one cent of assistance from tlie Government a cmpany wliicli at tlieir own exiRMise will complete the work if tb..y aiv not ..bstiueted. The Coiupany have to ask t..r rhis extension through no fault of their own. The ditliculties in uliicli Paring P.ros. and other Kn>dish companies l)ecHnie involved atlected tho enterprise. That they have lieen able to continue their work shows tliat Knglish caiiitilists have cnutuleiice in this project, especially in vi.^w of tho fact that the (iovernmeiit of Canada lias invested nothing in the w.-rk. Tins road has been gra.led. the rails have been laid, and more than two-thirds of th.- work has been d-ne. To refuse now to tl.is Cnnipany tho extensi.m asked f..r wmild be something unprecedented in the history «f "ur U^islatK-n. In 1S<)2 applirution was made U. Parliament tor powor to issue Preference Debentnres for sntlieient capital to complete the work. On tliat occasion the Hon. Mr. Dover said : -Now, would it bo fair on our part to g.. back >M-".'l''' 'f -^';S''". ^';;;!, 'I;:;;^':';; numt has already passed, and repudiate the whole tran^iction, -'";;' '^■;;^.^'\' ^ have laid out some three million of dollars on the enterprise /,;";;, in goo.l faith under their charter. They spent all then- own n.onej ■'''^.; ' J,; .' ■; bon-ow, and did so much of the work that i' ''^ •^'<''''"^;'l^^''^ "'"'^ ^'^ '"l" T. n^^^^^^^ been spent on it. Are we to deprive the parties ^.lio Uld -^'''r' ;-;;^-'-^.^'^. '^ of their rights, which they will be practically depnve/' '''!,, '^, .„ If tin. railway is not Hnished the property is virtually ot ';' -> ^J , / {'X U will 1... no benefit to the Company, and certan.ly 7'';^; ;' .'^V ."^^ ! s dven, «• -y- •» •'-■••'-^ >'I-... -,.- --;;;':- U'r^rt^tdS'aciliJmJnnom and that tins Company are permntcd .it then o„n \.ui ro i.u 52 money, that will completo the work in sucli » iniiniier thiit it will be able to earn Honiething ; at the same time, if they coninly witli tlie conditions of the olmrter that they obtained from Parliament, they will bo entitled to the subsidy that the country has jinniuscd thorn." country Thi' Hon. Mr. Ktuiibach said : ♦ ♦ * "but we are in this position, that by our (.wn act wo have granted tic charter, and induced capit»ilists to expend a Ian,'e amount of money -not money of Canada, but money of other people brou-^lit int.. this c.mntry in the construction of this work. Should the Company fail now in getting what they asked for, the money would be lost to those peraons who have eml)arked in this undert>ikini' uix.n the fait'l of the legislation of this country." And on a subso(|iient occtision a few days later he acrain spoke the language which I have cuJoted on page 40. The foregoing could be added to by many other expressions of opinion, to the effect that a refu.«al to re-instate the Company would bo unjust treatment to the investor.^ who found the capital. Printed by the Nati ..,^1 Pre« Agency, Limited. Whitefriftr. H