IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 I.I 1.25 IIIIIM 2.2 1.4 1^ il|^ 1.6 V] <^ /a ei ^/' '>■ d? / /; w 7 Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 A -r the construction of iIk; bi-an.'di lino, jiro- vided suitable land and water fro ilage fl-r a terminus, with 1 rijrh said Tl Cort TJir. BARRli: SWITCH. ! riplit of way Ihorelo from Die main trnck, could bo luul in llic siiid Town freo of cost to the Comjinny. This rcsohilion was commmiicatec] hy tlic Compiiiiy to the Corporation, and its terms wore accepted hy tliem. In pursnauce and part performance of this agreement, the Company, at the request of the Corporation, j rocnrcd a Line, to he rim under the instrnctioi;s unJ siiperintendcnei- of Frederick William Cumberland, their then Chief ]:ijriiirer, from their Station in the Township of Innisfil. to the Town of Barrie, and a plan thereof was drawn out by :\Ir. Cumberland and adopted by the Company, shewing the right of way required by the Company to the Cor[.oration, that they might proceed to procure the Land and right of way required. To enable them to do so, they thereiqMju raised the sum* of £3000, and duly procuied the land and v.-ater frontage, and right of way required by the Coni])any,i!nd the conveyances from the jiroprietors thereof were accepted by the Company as being com- plete m every respect for the purposes of the said Koad. Afterwards, about the 28ih of May, 1S56, the Comitany ad- vertized in the puljlic newspapers for Tenders to build the said Branch, and upon the investigation of the Tenders sent in by various parties, the Company awarded the contract to one, A. A. IMcCafTey, and agreed to pay him Six Thousand Poimds {ot con- structing and building the same, which contract did not include Depot Buildings, which woidd have cost Five Thousand Pounds more. However, the Company did not proceed to build the said Branch Line, though they had come under a legal and binding obligation to do so, and in consequence, disputes arose between the Company and the Corponition on the subject, and continued for several years, the Corporation on their jiart insisting on the performance by the Company of their obligatron to build the said Line, and the Comj)any on their part alleging, sometimes with expressions of regret, that th(y v/ere without funds to do so, but not questioning the obligation itself. After the passing of the several Relief Statutes for the bene- i : M 8 THE BARRIE SWITCH. fit of the Company, the allegation was set up on behalf of the Company that said Statutes had created an entirely new Com- pany under the same name as the old Company, and that the obligation of the old Company in respect of the said Branch Line, was not transferred to the new Company, but was extin- •rnished bv the said Statutes. This was not the intention of the said Statutes, which were passed with a full knowlege by Parliament of the claim, and , were considered and intended not to interfere therewith. Doubts nevertheless existing on the subject, in the year 1861 the Corporation petitioned Parliament for an Act to remove any doubt on the point, and a Bill for this purpose passed the As- sembly, and was in -progress before the Legislative Council, when Mr. Cumberland, who had been unsuccessfnlly opposing it up to this time, on behalf of the Company, proposed on their behalf, that if the Bill was withdrawn, the claim of the Corporation should be left to arbitration, and settled as the arbi- trator should award. An instrument was executed to carry out this agreement, and the Bill was duly withdrawn on the faith thereof. The object of providing in this instrument, that no reference should be made to the Acts and order in Council, was merely that the Company might not take advantage of the said Statu- tory Release, if by a slip the said Statutes gave such release of the claim, such a release being undeniably the reverse of the intention of Parliament in passing the said Act, and of the Gov- ernment in adopting the said order in Council. The authority of Mr. Cumberland to enter into the stipula- tion was not repudiated by the Company until long after they had obtained the, full benefit thereof, nor until after the award hereinafter mentioned had been made, and the agreement itself is in Mr. Cumberland's hand- writing, wiio, at the time of exe- cuting the same on behalf of the Company, not only asserted that he had authority to do so, but pledged himsclflo Mr. Angus Morrison, M.V., who had charge of the Bill b.'fore the Legisla- I THE DARRIE SwlxCH. ' 9 turo, that it should bo carried out in good faith, and that pay- nipiit of any award given in favor of the Town would be nuuL, whatever might be the amount. The agreement referred to was expciited by Mr. Cumberliuid, as Manager of the lload, in the jiresenco of the Honorable r. M. Vankoughnet, the Ibjn. G. W. Allen, the lion, .huiies Patton, who were requested by IMr. INIorrison to be present and become subscribing witnesses to the asreemcnt, so as to prevent any misunderstanding in the future ; with all this precaution Mr. Cumberland has not only sln-wn no desire to fulfil it, but has ever since continued strenuously to oppose a just settlfnicni of the claim. The Honorable S. B. Harrison, of Toronto, was named ni the agreement, with the consent of al! parties, as the nrbilrator. and after a fidl investigation, he awavflod that the T'onipniiy should j)ay the Cornoration £5000, as (lania.ins for the loss su? i^ned to the Town of Barrie, in consequence of the Bailway r'om[)any refusing to build the Switch. A clerical error in the award gave rise to a question as to whether the Company could avoid payment of the £5000 by building the Switch, and although the CDutoxt plainly slnnvrd that such was not the iirbitrator's intention, and a ret'trenco fo the arbitrator himself was suggested by Mr. Morrison, still the Company refused payment, and moved to have the award set aside before the Court of C^ueDi's Beueh in Term. The Cour% nowever, after argument, upheld the finding of .Judge Harrison, and as the whole i'videiic(> t)n bo!ii sides relating to .he matter was produced before liim : and. the application to the Court of Queen's Bench was stated by the Company's Managing Director lo be solely for the purpose f-f settling a doubt arising upon the v,'(jrdi;ig of 'he aw^rd, il w;is supposed that a settlement of the claim would at last lin maih'. The spirit of litigation by which the Com[iany^s officers seemed lo be })ussessed, was not however tii bu so easily over- come, for no sooner had the Court of C^iieeii's Bench given judgment, upholding the award, than, at the instigation of the 10 I 'b THE "BARRIE switch. Honorable J. II. Cameron, who was retained by the Company as counsel to set aside the award, a Bill was filed in the Court of Chancery on behalf of himself and two other Bond-holders of the Company to restrain the Company from paying the award, on the ground that certain claims against the Com- pany took precedence of all others, and should be first annnally satisfied before the award or any portion of it could be len-uUy j)aid. . ^ ^ The suit thus commenced is still jiending, and as both parties profess a desire to avoid litigation and an anxiety to have this long disputed question, as to the liability of the Company either to build the Switch or pay the damages awarded against them, finally settled, the solicitor of the Corporation (having first ofl^ered to accept the Switch in lieu of the damages au^irded, ■and thus end the dispute) gave notice of Lis intention to intro- duce a Bill on the subject during the next Session of Parlia- ment. ^ The County Council of the County of Simcoe, as well as the Town Council of Barrie, shortly after the publication of this notice, memorialised His Excellency the Governor General and both branches of the Legislature, praying for Legislative niterference to settle a dispute now of over ten years standino- f ' APPENDIX. •i EXTRACTS From the Miuutes of proceodiiigs of the Directory of the Northern Railway Company, relating to the Switch ques- tion, from 1853 to ISoQ, taken from Company's books. January 27th, 1853. xMr. Brunei produced a comparative estimate of tlie cost of constructing the Railway through the Town of Barrie, and of the constructing of the direct route, making a branch' from it to serve the trade in connection with the wharves at Barrie. Tae difference by the estimate in favor of the direct route, with branch, was £10,543. Ordered, That provided suitable land and water frontage for a terminus, with right of way thereto from the main track, can be had free of cost in the town of Barrie, a branch line, as sug- gested by the Engineers, shall belaid down for the service of the Town, and that the Chief Engineer be instructed to survey the locality and report what will be required for the service of the road at that point. March 17th, 1853. , Resolved, That the Secretary l)e directed to write to Mr. Lount of Barrie, and inform him that the Board will allow till 31st day of INIarch instant, for the inhabitants to make their ar- rangements, upon v\'hieh the C()in|iany will carry the line to the Town; and to remind him that the right of way Uierelo anil borrowing land must be provided, free of cost to tho Cump.viiy, and on the non receipt of an unqnaliried accoptaiici' of tlii^ pro- posal, at the board meeting, on the 31st March. Ilie board will proceed with the location of the line, und(M- the advice of liicir I i Ij ' ^- THE BARRIB SWITCH. Engineer, su as to proceed with the Road without further delay July 28th, 1853. iload a letter fruiji Messrs. McCoiikey, McWntt, Lane and i^aiifurd, respecting- ihc i)roposed brunch line into Burric, and upon it the fblluwing jiiiiuite and resuhitieu were made. Where- as, l.j resolution, adopted 17rh March last, this Board stands j)ledged to construct a branch from the main Line into the Town of Barrio, |)rovuled snital)le land and water frontage for a tcrminns with right of way and borrowing ground (on such location as may 1)0 afipnived by the ('hief Engineer) be fur- nished to the Company, free of cost. And,- whereas, a letter from .Mr. McConkey and others, dated 28th July, 18:)3, implies some misconception on the part of the inhabitants of llarrie, as to tho conditions upon which such pledge was made, Resolved unanimously, That Mr. McConkey and ollurs, sign- ers of the said letter, be notified for the inlbrmation of the hi- habitanls of Barrio, that the conditions above quoted are those upnn which alone this Board will act m the matter, and that they be recommended further tonpiH.int a Solicitor to act on their b-l.alf. with the Solicitor of the Company, in regard to l!io legal st.^ps n(>cessary to secure the said land, the Hoanl con- senting to instruct their Solicitors to render them every fiicility under the power of the Act, which may be given consistent with a full and complete indemnity to the Company from all costs, kc, charges, legal or otherwise, in regard to the matter, it being understood that the inhabitants agree, and are prepared to meet the same. Xoviinber Jih, ISoS. Ilea.! a letter from Mr. Cumberland, su])milting a plan and profile of the proposed branch line into the Town of J]arri(^ li-r Ihn information of the Board and the I'arrie Committee. ThoSecretary tosendacopyof the plan to be supplied by the Chief Engineer. Kcad the lleport of the Co,nmillee on the Burrie Switch j APPENDIX. 13 ; Tenders, statiiig acceptance of Mr. A. A. McGafTey's offer. The Board confirnieil the same. ^t I, OA»K 10K« by i Read a letter from the Reeve of Barrie, \vith*copy of a reso- hitioii of the Council passing a By-Law authorizing the raising of £3,000 for the jjurpose of the extension of the line into that Town. October oth, 1854. Resolved, That the Secretary inform the Municipality of Barrie that as soon as the rigljt of way is secured am! the deeds rsent to him, the Company will make every exertion to pro- ceed at an early day to build the Switch leading into thoir Town. .Tanunry 18th, 1855. The Secretary to instruct the Chief Engineer to rojtort on the practicability of constructing the Barrie, Switch by the xvater'sedge into the Town of Barrie, and to estimate the cost thereof. April 261 h, I85f). The .Secretary laid on the table for the use of the Dn'ectt)rs printed copies of a Bill to enal)Ie the Company to construct the Barrie Swi'.ch, received from Mr. Angus Morrison, ?.I.P.P. May 25lh, 1855. Resolved, That the Chief l^igineer be instructctl to locate the line of road, map and stake out the land retiuirod for the Barrie Switch, and that it be an instruction to the l^iginecr to adoi)t the plan already submitted to the Directors along the hike shore; and that immediat(?ly thereafter tenders be adver- tized lor by him in the Barrie Advance i\\u\ the Daily Colonist, to be iuibmitled for tlie i'urthcr action of tlu' Board. .Unie 21st, 1855. The Bresident sid)initted the I'lirrie Switch 'fenders. Referred to a Conniiitter consisting of llie ]'*resident, Messrs. Driirnniond 14* THE BARRIE SWITCH. i t and Angus Morrison, with power to accept Tenders and enter into a contract. July 21st, 1855. Moved by Mr. Cumberland, seconded by Mr. Brunel-That in the opiniuu of this meeting it is inexpedient to construct any branch hue at present; and that no such works, exceptin- ne- cessary siding., should be undertaken, or responsibiUties incurred in respect thereof, except with the express sanction of tue stockholders in general meeting. March 13, 1856. Head communication from Reeve and Councillors of Barrie a deputation now here for the pt.rpose of asking for such infor- mation in relation to the construction of the Barrie Switch, as may enable the Council to satisfy the ratepayers. The deputation was informed, verbally,by the Vice-President that the subject of the communication would be taken up at a special meeting, and the result communicated to them. November lOth, 1859. Read a letter from T. D. McConkey, of Barrie, enquiring the intentions o^ the Board relative to the construction of the Barrie Switch. Ordered, That Mr. McConkey be informed that his letter has been under the consideration of the Board, who possess no pre- sent authority or means for the construction of that work ; 'the W^araen dissenting. ' • December 22nd, 1859. Read communication from Angus Morrison, Esq. MPP accompanying letter of the Reeve of Barrie and report of "the luwn Council, having reference to the Barrie Switch ; the let- tors of Angus Morrison, Esq., and the accompanying papers re- lative to the Barrie Switch, being under consideration. Ordered, That with reference to the resolutions of the Town Conned of Barrie, of the o„d of December, 1859, and the let- ters of the Reeve, Mr. McConkey, and Mr. Solicitor Morrison APPENDIX. 15 the President and Secretary be requested to refer to the minutes and memoranda with respect to the subject, and to report to the Board what they find to have been the obligations of the Com- pany, and whether it is in the power of the Company, as newly constituted, to fulfil the same. TWO LETTERS Of Company's Engineer, as to right of way of Switch. Engineer's Office, Ontario, Simcoe, & ITuuon Railroad. Toronto, oth November, 1853. Sir, — Herewith I beg to submit a plan and profile of the {)ro- posed Branch Line into the Town of Barrie, prepared for the information of the Board and the Barrie Committee. The width of right of way will be four rods, with jirivilege of slashing through timbered lands, to a further width of three rods on each side. Provision must also be made t»f such an area of land as will admit of a borrow of 24,000 cubic yards, in the positions shewn. T have the honor to be, Sir, Your obedient serv't, (Signed) FRED. CUMBERLAND, Chief Engineer. Wm. Sladden, Esq., &c. Engineer's Office, O. S., &:, H. R. R. Company, TmviUo, Jmiuary 30, J 855. Sir, — In pursuance with the Board's order, T hand you copy of the plan for the Barrie Branch, adopted by the Directors at their last meeting. The right of way required, is indicated by the dark red line, which will be the centre line of tracU ; with a width from that 16 THE BAKniE SWITCH. iil centreline, 30 feet and landward the land towards the Bay, all lying hctween said centre line to the watcr^s edge, and in the water to necessary distance. I have further to direct Town attention to the necessity of procin-ing land privileges snfficient for honowing 14,000 yards of material for embankments. I am, Sir, Yonr ohedient servant, FRED. CUMBERLAND. Wm. Sladden, Esq. LE'fTER Of Honorable P. M. Vankoughnet as to liability of Company to build the Switch. Toronto, 26th August, 1856. «m,-I have the honor to acknowledge the receipt of yonr communications on the subject of the Barrie Switch. ] have not been able yet to see what power the Government can exer- cise m the matter. It is a matter rather for the action of the Shareholders and the Board of Direction, who seem to me to have bound themselves to make the piece of road you advocate and I don't very well understand on what pretence they avoid this obligation. If the affairs of the Northern Road come under the considera- tion of the Government, 1 shall not fail to invite the action of the Coinieil upon the subject to which you refer. ' T have the honor to be. Your obedient serv't, (Signed) P. M. VANKOUGHNE T A. MoRuisoN, Esq., M.V.T. APPENDIX. 17 ADVERTISEMNET. Piiblishccl by O. S., & H. R. R. Company for Tenders to bnild Barrie Switch. Ontahio, Simcoe and Huron Railroad— to Contractors. Tenders are required for the construction of a Branch Line (nbont one and a quarter miles in length) from the Company's present Station, on Kempenfeldt Bay, into the Town of Barrie. Plan, Profile, &c., may be seen, and full particulars obtained on applicaiion at this office, on and after Monday, the 4th of Juno. Tenders sealed, endorsed and addressed to the President, to be sent in on or before Wednesday, the 31st .Tune, at noon. Full security will be required, and the acccpinnce of the lowest Tender not to be deemed obligatory. By Order, FRED. CUMBERLAND, ^ Chief Engineer. EKGiNEER'*sOrFicE,0. S. & M. R. R. ; Toronto, 1%th Maij, 1855. \ LETTER From Mr. Morrison to Mr. Cumberland, regarding the Barrie Switch, and answer thereto. Toronto, 6th Decembe?; 1859. Dear Sir. — Tn the absence of the President I ei.close you for the consideration of the Directors of your Company, a copy of a resolution adopted h) the Town Council of Barrie, to- gether with a letter from the chief magistrate, respecting the Con pany's liability to perform an unqualified contract entered into some years aso, to build a branch line of road into the Town of Barrie. As the subject matter of the contract is equal- ly as familiar to you as those more piirticularly interested, I !M 18 THE BARRIE SWITCH. eo „„sc.„, r„fe,™,g ,„ record, or documentary evidence to )- .fy t .e present application, bnt a» ti,e rosolntil ren- "and l-l»«es the wl,ole n,a,ter entirely in ,ny Land,, I do hope i,"e I'-es n, a „ fi, „„r„r,n„nce that I plea of .an ZZ V o „ ,„ ,„„,., „,. ^„^^^,^. ^^_^ ^^^^ ^,^_^ 2 . ..oh ,y he recent Act of Parliament, and the Executive -..ucl order, the relief .noney, when ohtained, ,s to hi ^ ;ed n, repa.rin,. the road, paying debt., a,„! ea ryin " o, u a •ihhgutwns of tl,e Couipauy. ^ ° Having been in.trnn.enlai in obtaining the Government to ,.a„t the present rehef hill, I can say, withent the fear of con ■he or do n, Conned >v,ll, a „„diHon that the Company'. a„ree ..V 1 1 r, r t "'"; "" '^■"^■"■"" "■"' --'-condition' nen „,th the T.ngU.h Bondholder., 1 withdrew theapplica'L ausf ed that so soon a. tnean. were obtained, all obli«a ,o„s o^ uo„t,o„i|„.,,et,„ask,he Director, to consider the' present Wl cat,ons „.,lh eandonr and consideration. Ian, wil inTto thai te ! "'"'"' "'" '°"S •"■"'""=' controversy, so ha the work. con,em,:lated n,ay he constrncted in aseconomi- the ri„l,f „f * '-"""-OO- Muny of the parties from whom » thif no , t ' "'"^;"^'"-'' '-'"'S l--" l-aid, no d.fficdty on I,,, potnt can p„..d,ly arise at .hi. distant period. Hopin. '0 hoar fro,,, yon (oiiicially) at yonr earliest convenience, I liave the honor to be, Your very obd't serv't, F. W. CuMB.HLA.-n, Esq., ^^ ^^^"^'^R^SON. f« APPENDIX. 11 Office of the Secretary and Treasi her, SiMCOE AND Huron Railroad Cumpany, Toronto, 9lk December, 1859. To Angus Morrison, Esq. Sir. — I luivo the honor to acknowledge tlie recei])t of yoin letter of the 6th inst., with enclosures, havinii; reference to the construction of a l)raiicli lino from the llailroad in the Town o! Barrie. The matters to which you allude not having occurred since I have had the hor.or of being a Director of this Company. J have thought it due to the Council of Barrie that the subject should await the return of Uie IVesident, wiiu is couversan; with the details of the question, and fruui whom 1 have uv doubt it will receive the respectful attentiun which it merits. I have the honor to be, sir, Your very obedient serv't, FRED. CUMBERLAND, Vice-President. 4: TELEGRAM From Mr. Morrison to Reeve of Barrie, as to submission of Switch question to arbitration, and reply thereto. Quebec, loth May, 1861. To T. D. McConkey, Esq, R.eeve, Barrie, Lake Simcoe. Barrie Switch Bill passed this House. Cumberland offers to withdraw all legal points, and submit claim for compensation to opinion of .Tudge Harrison, Toronto, or three other parties. Will your Council agree? Answer immediately. ANGUS MORRISON. 20 THE BARRIE SWITCH. Quebec, 15th May, 1861, , Bv Telegram from Barrie. To Angus Morrison. Council unll not interfere Tr.o„» q •, . in your hands. " ^'^'^^^'^ "^^^^^'^ ^"^'^^ly TIIOS. D. McCONKEY. MEMORANDUM Of agreement between the Company^s Managing Director Mr C unberland,. and Mr. Morrison, to refer ail^nKatters diff .' ence to arbitration. ^ Tl,. „„de,sig„oa for, and „„ |,„h,.,f „f „,, Co,p„r„li„„ „, tl . r.nvn „i Bu„,e and of ,I« NorCher. K„i,„ay Co„u«uv o Canada, respeC.vely, and ac.i„g „uder respective auZJ of c L „ ; "r"'.'"" "«""'^' "- -■" Company iu cc,„. Bar rV '=""^'™=>'™> of a branch Ii„e into ,he Town of Barue, hereby mutaally agree a„,l are bound as foHows:- 1- That the said ,.h,i„, ,,Iwi| ,„ ,.;,fc„^j ^^ arbitration as h„r. maftei im.vi,), d, and thi't in ^mpI, , ,r '™'"atlon as here- made t, M. , 1 . I . rofereiiee no appeal shall he made tod., Act relating to the Northern Railway of Canada passed or, 809, or to the order of the Governor Gene i ,' Conncl.o nth May,,S59,or to the Aet ,„ relatio "T: rfht'rrc ' ■"'■'"' ■" ''''■' ^° "- - "•" '•--" - - bound I,, .ayohl,.,a,.n co:,:,.,eted by Ih. Northern "ailwa; I APPENDIX. 21 " Company of Canada with the Corporation of the Town of " Barrie, before the passim^ oC tin said Acts ; lion shall proceed, be heard and determined, as though the said Acts had not been passed. " but the arbitra- and award made, 2. That the Ht>norable Samuel Boaly Harrison, the Judge of the County Court of the United Counties of York and Peel, shall be, and is hereby appointed, sole arbitrator to hear and de- termine upon the matters and claim in dis{)utc between the parties as aforementioned ; and that the award of the said Samuel Bealy Harrison shall be final and binding upon the par- ties respectively. 3. That in the event of the said Samuel Bealy Harrison de- clining to act as arbitrator, then, within one mouth from the date hereof, the Corporatioi; of the Town of Barrie shall ap- point one arbitrator, the Northern Caihvay Company of Canada shall appoint another, and the two so appointed shall agree upon and appoint a third, and the three so appointed shall proceed to hear and determine upon the matters und claim in dispute between the ])arlJes as aforementioned, and the award of any two of the arbitrators so ap})oinled, .shall be final aud binding upon the parties respectively. 4. That the Corporation of the Town of Barrie and the Nor- thern Railway Company of Canada shall accept, obey and ful- fil any award so made as aforesaid, and shall })ay, or cause to be paid, any sum or sums of money as by such award they or either of them may be hereby ordered or directed to pay either to the other, or as costs, or otherwise. "). That for the tjiir'io.si; of giving due and legal effect to these presents, pri)i>', r bonds lor arbitration in accordance witli this agreemeul AmW oe prepared and entered into between the said i)art;es, and the reference shall be made a Rule of Court. That the Bill now before the Legislature, entitled '' An Act " to nniend ii^ct 23, Vic, Chapter iOf), so far as relates to the ■' coiv.truction oft!,-! bra'ich line iiitM the Town of Barri ■, and II I 22 THE BARRIE SWITCH. Srrr :::::,.:"''"-''•" -'''--'•'''•■'"un- signed at Q„ol,ec, ll.is siKtectl, day of AI„y, ,861. , (Signed) A. MORRISON, P-oVlL^Tr of ) Carrie. (Signed; FRED. CUAIBERLAND, j """ualu.af '^^^ ) any of Canada. WITNESSES : (Signed) P. M. Vankoughnet, (bjgned) James Patton, (Signed) G. W. Allan. ' LETTER Of .he C„„„,a„y'. Ma„agi„g D.ector, e„elosi„g Bo.,d of snb- n-,o„,a,K,.„u„,,,,eCo,„pa,,y-3.i,n,,,,..3.o,.oceed With the arbitration. Northern Railwav OP Canada, Toronto, l^th September, 1861. Barrie v. N. R. C. t ^ ciJiLF upon the casp vh-^nevpi- tho „^k-^ x may name a„ appohUment for the p„rp«e *'"" I am, my dear sir, Faithfully yonrs, FRED. CUMBERLAND, Managing Director. Ang o'S Morrison, Esq., Toronto. A. If:! APPENDIX. 23 rawn on the 61. Corporation e Town of 3. B Northern wny Coni- nf Canada. id of siib- > proceed ADA, , 1861. >iid from tliat we rbitrator ND, ircctor. LETTER Of Honorable A. T. Halt, us to meaning of order in Council, and showing recognition and jjtiowledge of Switch claim by Government, and by representative of English Bondholders. Quebec, 2Uth Sept., 18G1. My Dear Morrison.— I regret that it will not be possible for me to be in Toronto on .Siinrday, though I shall probably be there about 3rd or 4th October, and can then be examined if necessary about the Barrie tSwitcli. Perhaps, however, if I now state ail I know about the matter^ it may bo accepted by Mr. Cumberland, and save me the trouble of an cxammation. In the first jjlace, I have noperson;il knowledge of the merits of the claim. When the case of the Northern Railroad was belore the Government, the Barrie Sivitch claim was urged upon me rejjeatedly by yourself and also upon Mr. Jackson. Not desiring to pronounce upon the justice of the claim, the Government decided that such general terms should be used in the 0. in C. (IS loould cover your claim, atid it icas so stated to Mr. Jackson. It was never interuled to ^vipe out this cause by Legislation, and our expectation was, that a compromise would take place if it were not considered possible to build the Switch. Such Com- promise should have taken p'ace within the time limited by the O. in C. for debtors, but 1 understood from your evidence before the Committee last session thai ou this point an agreement had taken place with the Company. In the position in which the Company's affairs stood, the Government did not intend to compel the expenditure of capi- tal in a useless work, if it be so, but only to protect the Munici- pality of Barrie from pecuniary loss. Vours faithfully, A. T. GALT. A. Morrison, Esq., M.P.P. 24. THE BARRIE SWITCH. JUDGE HARRISONS A\V/^RD, (After the usual introductory remarks, proceeds as follows :— ) I no FIND Award, and Determine, ^st. Tliat there was, in 1853, a valid and binding agreement made l.y the then Rnilway Company, with the Corporation ol the Town of Burrie, to construct a branch line of Railway from the main track in Tnnisfi! inro the Town of Barrie, provided that suitable land and water fr-ntage for a terminus with right of way t'lereto, from the said main track, wns procured by The sn.d Corporation of the Town of Barrie, free of cost to the said uailway Company. 2nd. That such suitable land and water frontage for a ter- minus with righ: of way ti.ereto, from the said main track, was procured by the said Corporation of the Town of Barrie, free of cost to the said Raihvay Company, and to the satisfaction of the suid Railway Company, at very considerable expense ond trouble to the said Corporation of the Town of Barrie. 3rd That tlu- said Railway Company did not, nor did the said Northern Railway Company of Canada at any time since construct the said branch line, and that the claim of the said Corporation of the Town of Barrie to have the same construct- ed, has never been abandoned or given up at any time, but on the contrary, has been always since, upon all convenient oc- casions, urged and pressed for performance. 4th. That reference being had to the agreement in the said memorandum of agreement, (by which this award is to be made as though the several Acts of Parliament therein referred to had not been passed). I award, adjudge und fmd, that the said claim of the said Corporation of the Town of Barrie to have the said agreement perfurmcd, is still suhsisling, and if not perlormrd. thni,. n'^jst to APP£NDl5c. 0-, Hows : — ) greement )ration ot way from provided '■ith right 'd by the ' the said jr a ter- ack, was 3, free of :)n of the use and did the 10 since he said nstruct- biit on ent oc- he said 3 to be efcrred le said jcinent 'ight to coaiponsutioii ill lieu thereof, ought to Ijc awarded. And 5th. As conipeusatiou fur the uon-))erfortnance of the said a"-reetnent, and iu iull satisfaction of the said claim of tlic said Cor|ior!iliou nf the Town of Buriie against the said Nertlu in Railway Company of Canada, in rcs[)cct thereof, as by the said reference I am em[)i)\vered to do ; 1 do hereby order, adjudge and determine, that Ihe said Xorlherii Railway Company of Canada, and their successors shall, and do well and tridy pay, or cause tu bo paid, to the said Cur[)or;ition of the Town of Uarrie, or their successors, on the Tenth day of March next, ensuing the date of this my award, between the hours (T Twelve of the clock at not»n, and Two of the cluck in the r.fter- noon of that day, at the Ofliee of Messrs. Morrison ; nd .Sam['sou, in the City of 'ioronto, llu; sum of Five 'llioiisand L'onnds of lawful money of Canada, and that the LUim be received by the said Corporation of the Town of Barrie, in full satisfaetion and discharge of, and for all the jaid matters ui dilFerence to me re- ferred, as aforesaid, ()lh. And I do fnrliier award, order, adjudge ami direct, that the said Noftherii Railway Company of Canada do, w hmi re- quested so to do, by the said Cor[)oration of the 'I'own of Rar- rie, make and execute to them, a valid A^^^(\ i>f coiiveyance, in fee of all certain landsand tenements montioned, and comjirised in a certain Inilenture of Bargain and ^-ale, made by one .lohn Boon, to the said Company, and dated the Kighteenth day of August, 18r)5, and shall, and do further, when so requested. -as aforesaid, make and execute a general release of all claims in respect of the land and right of way conveyed to them, or agreed to be conveyed to them, bv the several parties over wliose lands the said branch line from the main track into tlie Town of Barrie was to pass. 7lh. And seventhly, and lastly, I i\o further award, order, adjudge aiul determine, that the said Nortlicrn Railwav Com- pany of Canada, do bear and pay the costs and charges of this reference, as well their own costs and charges as abo ;^ the cosh and charges of the said Corpcration of the Town of ^Hf I 26 THE BARRIE SWITCH. Barrie, (the same to be duly taxed in the usual manner) and also the costs of this my award, which I assess at the sum of Forty rounds, in witness Whereof, I, the said Samuel Bealy Harrison, the arbitrator aforesaid, have to this my a\vard in writing, set my hand and seal this Thirty-first day of January A.D. 1862. (Signed) S. B. HAIUUSON. (L.S.) Signed, scaled and delivered in the presence of (Signed) Henry Agnew, Jr. JUDGMENT Of Court of Queen^s Bench, confirming the award of Judge Harrison, in the matter of the arbitration between the Corpora- tion of tiie Town of Barrie and the Northern Railwuy Com- p\ny of Canada. Burns, J., read the judgment prepared by tlic late Chief Jus- tice of tlie Ct)urt in which he concurred. As the reference was by way of compromise and led tcv the withdrawing of a bill relating to the matter which was before Ihe Legislature, neither party should be coimteuanced by the Court in refusing to abide [)y the award on account of any ob- jection not really applying to the merits of the matter in" dis- pute. 'Iherc is no complaint of any improper conduct ou the part of the arbitrator; no affidavits are filed; and the defend- ants have confined themselves to exceptions which they con- lend sh.'w the award to be invalid on the flice of it. If these objections are well foimded the defendants can have the advan- tage of them in resisting perfbrmance by whatever means it may be attempted to be enforced, and us the Court has always a discrcliuii in dccl'.:;:: r Iw t;:'! u ■ iin aUcUu I/, I uiinli. ii! Tie"""^'''itnr'? withdrawn on the fai(I» m THE BARRIE SWITCH. of the arbitration, which was agreed to, it does not lie in the mouth of the Company to object to the award on the ground that no such compensation could be legally awarded. They cannot at least make it the ground of an active interposition at their instance. The rule should be discharged with costs. Mcfican, C.J., having been absent during tiie argument, gave no judgment. Piule discharged with costs. EXTRACTS From a letter of Company's Solicitor, oflering to nay jeSOOO in settlement of claim. Torofito, 2nd July, 1862. Angus Morrison, Esq., Barrister, &:c. Dear Sir : — ff Municipality op Barrie, vs. Northern Railway of Canada. In this matter I have received instructions to make a proposal to you for its final settlement, and ns you request it, I put it in writing. Without prejudice, the Railway Company are prepared to pay £3000 and the costs, to buy their peace, the same being paid as hereinafter mentioned, in full discharge of any claim of the Municipality. I have no doubt of the assent of the Bondholders to my pro- posal, because the Company can carry out the arrangement without materially interfering with, or embarrassing their pre- sent engagements, and therefore I do not hesitate to make it. APPENDIX. 31 1 will thank you to give this your early consideration, and if yon cannot make up your mind to recommend your clients to accept it, have you any objections to my going to Barrie and seeing them myself: of course I wcnki not do so without first acquainting you of my desire to do so. Yours truly, C. GAMBLE, Solicitor, N.R.C. SEVERAL LETTERS Of Solicitor of Corporation and Company's Managing Director, relative to building Switch in lieu of paying award, which clearly show the insincerity of the latter in professing to de- sire a settlement of the dispute. Toronto, 18th December, 1862. Dear Sir— I am instructed by the Municipality of the Town ' of Barrie to ask your Company's co-opf^ration in the i)assing uf a Bill during next session of Parliament, to remove the iufini- tessimal existing doubts as to the Company being liable to pay out of the earnings of the road, or otherwise, the amount of Judge Harrison's award " in a Switch." As notice of such application will be inserted in the public newspapers on Monday next, your immediate reply will oblige, Yours, very truly, A. MORRISON, Soliciitor for the Town of Barne. F. W. Cumberland, Esq,., M. D. iV. Railway, Toronto. 32 TIIL BAURIE SWITCH. NoKTfiERN Railway o? Canada, Tcronto, 22nd December, 1862. Dear Sir.— Your letter of the 8th inst., was duly submitted to the consideration of the Board, at a meeting held on the I9lh, and I am instructed to say that in view of the proceedings in Chancery, relative lo the Barrie Switch, the Directors abstain from any active course in regard to it, and whilst regretting tlie apparent impossibility of an amicable settlement between the parties, which they have always been anxious to promote, they hold themselves free to adopt such course from time to time, as the exigencies of Ihe case and the interest of the Company may dictate. I am further instructed to avail of this opportunity for again bringing lo your notice the resolution adopted by the Board, on 7th February, 18G2, and copy of which is attached. I am, dear sir, Yuur ob'dl serv't, FRED. CnMliERLAND, Managing Director. Angus Morrison, Esq., Solicitor for Town of Barrie. Extract from minutes of 7th February, 1862. " Ordered, That all proper steps be taken to test the validity of the award, and further, that if in t'lo ojMnion of the Manag- ing Director and standing Counsel, such a course should seem expedient, they be authorized to declare the willingness of the Company to proceed without delay with the construction of the branch line into the Town of Barrie, assuming that the titles to the right of way be first duly completed." Toronto, 30th December, 1862. Dear Shi. — T have the honor to acknowledge the receipt of your letter of the 2.3rd instant, in which you advise having placed my comuinnicutioii of the 8th instant, before the Board APPENDIX. 33 of Directors, and, that after due consideration, you were in- structed by them to say :— First, « That the Directors, in view of the proceeedings in Chancery relative to the Barrie Switch, abstain from any active course in regard to it. Second, they regret the apparent impossibility of an amicable settlement be- tween the parties, which they have always been anxious to promote. Third, they hold themselves free to adopt such course from time to time, as the exigencies of the case and the mter- ests of the Company may dictate ; and, finally, they accept the opportunity of referring me to the following Board Resolution, dated 7th February, 1862." « Ordered, That all proper steps be " taken to test the validity of the award, and further, that if in " the opinion of the Managing Director and standing Counsel, " such a course should seem expedient, they be authorized to " disclose the willingness of the Company to proceed without " delay with the construction of the branch line into the Town " of Barrie ; assuming that the titles to the right of way be first " duly completed." In reply thereto, I am directed by the Town of Barrie to say, that, in their opinion, the first, second and third paragraphs of your instructions are so undetermined, and if taken unitedly, so inconsistent, it is mipossible to understand whether or not the Board of Directors intend co-operating with the Town of Barrie in the passing of a Bill next Session, to remove alleged existing doubts as to the Company being liable to pay £5000, together with costs, awarded by Judge Harrison, for not building the Switch, according to agreement. With respect to the last paragraph, it is equally uncertain, inasmuch as you do not allege that the condition precedent in the Resolution specially referred to, has been considered by you and standing ('ounsel, since the Court of Queen's Bench gave judgment confirming the award. However, to test the mean- ing of the Resolution, and the sincerity of the Directors, many verbal public offers and apparent willingness at this date to build the Switch, the Town of Barrie are prepared, within twenty-four hours, to hand over to the Company's Solicitor, free 34 THE BARRIE SWITCH. Of costs, deeds, under seal, of the entire right of way, provided the Comi-any puy all costs of suits, disbursementsund liabilities, incurred by the Town of Barrie, in urging and defending their claim, -except right of way," and in good faith agree, within six months, to build and construct the branch line m accordance with the true intent and meaning of the original Board order, dated 27th January, 1863, which is as follows :-" Mr. Brunei « produced a comparative estimate of the cost of constructing " the Railway throuch the Town of Barrie, and of the con- « struction of the direct route, making a branch line from it to « secure the trade in connection with the wharves at Barrie. « The difference between the estimate, in favor of the direct " route with branch, was £10,543." '' Ordered, That provided suitable land and water frontage, .' for a terminus with right of way thereto, from the main track, "can be had, free of costs, a branch line as snggcsted by the <^ Enoineer, shall be laid down, for the service of the lown, '^ and°that the Chief Engineer be instructed to survey this lo- " cality, and report what will be recp.ircd for the service o the " Road at that point." Reference to this plan and prohle, dated .25th January, 1855, and countersigned by yourself, as Chie Engineer, and T. D. McConkey, Esq., Reeve of Barrie, will more fully explain the route adopted for the branch line and the rioht of way to be obtained. 1 have only to add, that the Town"of Barrie have, upon all occasions, been ready to avail themselves of every reasonable suggestion whereby a speed .' and amicable settlement of their acknowledged rights could be arrived at. Therefore, I do hope you will, at your earliest convenience place this communication before the Board of Directors. It is understood that this letter is written without prejudice to the Chancery suit, in case a compromise does not take place. Yours truly, A. MORRISON. E. \V. CUMBEULAND, EsQ., ^ r ,^ V ]! (,,,, (\ ToUONTO, APPENDIX. 35 Northern Railway of Canada, Toronto, Ind January, 1863. Dear Sir— I have the honor to inform you that your letter of the 30th ult. was kiid before the Board on the 31st. I am authorized by the Directors to say that, having refer- ence to that portion ot your letter stating that you are " prepared to tender to the Company's Solicitor deeds under seal of the entire right of way, provided the Company ])ay all costs, dis- bursements, and liiibilities, incurred by the Town of Barrie in urging and defending their claim, except right of way," before replying to your letter they desire to obtain a statement from you of the amount of such costs, disbursements, and liabilities, and the suits and services they represent, as, in the absence of such statement, they are unable to determine the effect of the proposals you make. 1 am, dear sir, yonrs very truly, FPwED. CUMBERLAND, Managing Director. Angus Morrison, Esq., Solicitor for Toivn of Barrie. Toronto, Srd Jannary, 1863. Dear Sir.— Tn reply to your letter received this morning, on the subject of your request to furnish a statement of the pro- bable amount of the costs, disbursements and liabilities, in- curred by the Town of Barrie, in urging and defending their claim against the Company. I beg to say that it would occupy much valuable time to make up a detailed statement of the costs, disbursements and liabilities referred to ; but on reference to the arbitrations had before T. Gait, Esq., and Judge Harrison, the Chancery suit, travelling and rarliamentary expenses, postage costs, between Solicitor and clients, for seven years, to- gethe*- with the liability of the Town of Barrie to the Govern- ment, l)cing balance of interest over due on the loan of ^3000, I would say the amount will not exceed £700. I feel certain no difficulty will arise as to furnishing a correct detailed state- 36 THE BARRIE SWITCH. ment, in case your Company are desirous to act in good faith, and build the Switch or branch line in accordance with the Board order, lastly.referred to in rr^y former letter. Yours &c., very truly, A. MORRISON, Solicitor for Town of Barrie. W. F. Cumberland, Esq. M. D., N. Railway, Toronto. Toronto, 12th January, 1863. Dear Sir.— 1 wrote you on the 3rd instant, on the subject of your enquiry, but as yet no reply. I will wait until Wednes day next, 4 p.m., before giving notice of the Bill referred to in my last letter of the 8th ultimo. I am yours, &c.. Very truly, A. MORRISON, Solicitor for Town of Barrie. F. W. Cumberland, Esq., M. N. R., Canada, Toronto. Managing Director's Office, Northern Railway of Canada, Toronto, 15th January, 1863. Dear Sir.- Your letters of the 3rd and 12th instant were laid before the Board at a meeting held yesterday. On consideration of your letter of the 8th ult. , reply to which had been suspended for further information from you, the Direc- tors authorized me to express their regret that the information asked for has not been supplied ; and I am further to state that in view of the proceedings in Chancery by the Bondholders, and of the injunction of the Court issued thereupon the Board does not at present feel competent to engage in any active mea- sures ; bn^ with a view to their guidance they will refer the APPENDIX. 37 matter to their standing Counsel, for the purpose of ascertain- ing the present legal position of the Company in the matter. I am, dear sir, Yours most faithfully, FRED. CUMBERLAND. Angus Morrison, Esq., Solicitor for Town of Barrie, Toronto. Toronto, \Uh January, 1863. Dear Sir.— In reply to your letter, received this morning, I beg to say that it is useless for me to advise the Municipality of Barrie further to continue negotiations in regard to a reasonable compromise of the difficulties existing between ihem and the Ptailway Company. I feel satisfied from the tenor of your letter, that the Company are not disposed to build the Switch, or pay the amount of the award without Ihe immediate assistance of an Act of the Pro- vincial Parliament. The notice for the Bill will be given in the London Times, (England) and the local papers forthwith. I am, &c., Very truly, A. MOPJIISON, Solicitor for Town of Barrie. F. W. Cumberland, Esq., M. N. R. Canada, Toronto. THE BARRTE SWITCH. HISTORY OF A MILK AND A HALF RAILROAD. NOT BUILT. From the Leader. Who has not heard of the celebrated Barrie Switch % If there be such a mortal in Western Canada, he knows nothing of the Northern Railway, and bis eyes have never been feasted by a sight of Kempenfeldt Bay. But of those who have been obliged to listen to stories about the Barrie Switch, few have 38 THE BAURIE SWITCH. anything, more th'<-n a vagne idea. As the qnestion has, within a short time, been before Parliament, been the subiect of arbi- tration, been before the Court of Queen's Bench, and is about to "et an airing in Chancery, its interests must be judged by the noise it makes and uot by the length of the unbuilt Road. And now fcr the history of this bore of a Switch, that has kept all Barrie and the half of Simcoe in hot water for the last ten years. The first charter of the Northern Railroad, then called by a name a good deal longer than we should like to write, required that the Road should touch at the Town of Barrie. At that time, the question of the Northern terminus was open. The mouth of the Nottawasaga River, Collingwood and Pene- tan.ruishene, were all regarded as competitors for the Noithern terminus. Collingwood was selected. To take the mam 1 me to Barrie would be out of the way, and as it was necessary to touch at that, the Company decided to construct a branch. According to the report of Mr. Brunei, the Company's Engi- neer (Jan. 27, 1.853) there would be a saving of £10,543 by adopting this alternative, provided the right of way from the main line to Barrie could be secured to the Company, free of cost. Barrie set to work to secure the right of way, and make a crift of it to the Company. But three property owners-Messrs. Kino-, Miscampbell and Boon-refused to come to terms. The people of Barrie, believing that the Company could use com- pulsion where they could not, raised £2,000 by private sub- scription, and offered it to the Company, with which to purchase the Road. The Company refused to undertake to secure the land necessary for the right of way. On the 29th March, 18.4, the Corporation of Barrie passed a By-Law, enabling them to raiso £3000 by loan, with which to purchase the right of way. The Railway Company, however, fancied that it had discovered a means by which it could evade the statutory obligation by which It was bound to build this branch. The pretence was set up that the main line went to Barrie already, though rt was a mile and a half distant fiom the Town, and beyond the ex- APPENDIX. 39 treme limits of the Corporation. As they professed to have fultilled the requirement of their charter, by once touching at Barrie, they pretended to have divested themselves of the power'of compelling individuals to surrender a right of way, for the rurpose of going a second time. When a Company or an individual desires to evade some obligation, it is always necessary to be borne out by a legal opinion. And when was any one so unfortunate as to be unable to obtain a legal opinion of "the precise shape and make that he required? Mr. C. Gamble soon furnished the Company with such a legal opinion as they desired. But this objection was not very enduring. It was removed by an Act passed in 1853, removing any doubt that may have existed in the imaginations or desires of the Company. Mat- ters now progressed at a hopeful rate. On the 5th of February, 1855, an instrument was executed, securing the right of way from all the proprietors, excepting the three obstinate ones just , mentioned. With these three the Company above could deal. The Corporation of Barrie, therefore, remitted to the Company a sum of money to pay into the Court of Chancery, as the law directs in such cases, as a means of compelling the obstruction- ists to surrender the right of way. The Company kept the money for some three years, but never paid.it into Court.. However, on the iOth May, 1855, another step in this slow business was taken. The Company authorized Mr. Cumber- land, their engineer, to issue advertisements inviting tenders for the construction of the branch. They were to be given in by the 13th of June. The contract was awarded to Mr. Mc- GafTey, on the ground we believe of his tender being the low- est-at £6,000. It was duly executed, signed by the President, and had the Company's seal attached. But the work did not go on, and the people of Barrie began to be impatient to know whatw'as the cause of delay. Dr. Beatty, the Company s sec- retary, in reply to an inquiry from Mr. David Morrow, of Barrie, a municipal Councillor, on the 2nd of April, 18Db, ex- pressed the regret of the Board that " the financ.al position of 40 THE BARRIE SWITCH. the affairs" (for in this stvle did the well paid secretary mur- der the Queen's English) " of the Company preclndes the possi- bility of proceeding at this time with the construction of the Barrie switch." He added very jauntily, like an oft dunned debtor who has become impudent and careless, that it was im- possible to name a time when the work conld be proceeded With. Want of funds being the Company's difficulty, Mr. Morrison, representing North Simcoe, brought in a bill to relieve it of its embarrasments, in May, 1858, and a relief bill was passed m 1859. It enabled the bondholders to raise £250,000. In Au- o-ust'of the same year, an Order in Conncil, based on the authority of this bill, handed over the road to the bondholders, on condition of their raising the money. All debts and - obli- gations" of the Company were to be discharged by the 31st of December, 1859. The word " obligations" was inserted both in the Act and the Order in Council, for the express purpose of « covering the Barrie Branch. The pretence was now set up on the part of the Company that the Act of 1859 wiped out the . claim of Barrie, though it had been specially constructed with a view to its preservation ; that a new company had been created which was not bound to discharge the obligations of its prede- cessor. In May, 1860, another Act was passed, confirming the Order in Council. Eleven days before it passed into law, Mr. Cum- berland, Vice-rresidentand Managing Director of the company, with" the view of preventing opposition to the Bill, proposed to refer the matter of the Barrie Branch to Mr. Thos. Gait for his opinion. Mr. Angus Morrison, who was acting in the interest of the Town of Barrie, not being aware that Mr. Gait was so- licitor to the Railway Company, consented. After a delay of nine months, Mr. Gait gave his opinion that the Council Order Confirmation Act wiped out the claim of Barrie? And yet this was the Act to forego opposition to which, in its passage through the [legislature, the Town of Barrie had consented to the reference to Mr. Gait's opinion. The question when the reference was made was, what were the rights of the Town of \ ^1 APPENDIX. 41 ^ Barric under the origiiuil charter of the Comivanyl And it would havo been clearly contrary to good faith to have legis- lated away these rights in the interval. The L3gislature being in session when Mr. Gait's opinion was givf n°Mr. Morrison, thP member for North Simcoe, intro- duced V bill to rectity the alleged inadvertance of the Act of 1860, end compel the Railway Company to fulfil its obligation to buikl the Barrie Branch. A trinity of lobbying power was set ii motion against this bill. Mr. Vice-President Cumber- land, Mr. Secretary Beatty,and Mr. Grant, Manager, were all en-n-ed in the serious duty of buttonholing members of the two branches of the Legislature. Finding that their measure of s iccess was not very great, Mr. Cumberland proposed terms of xccommodation. On the 16th May, 1861, he, acting under the authority of the Company, signed a reference of arbitration to ludgc Harrison, by which both parties were bound that "Tie award of the said Samuel B. Harrison shall be final " aud binding upon the parties respectively "—the Railroad Company and the Town of Barrie. The Company fully en- dorsed what their Vice-President had done. On the £6th of Sept 1860, the directors caused a bond to be executed, binding the Company in a penalty of £10,000 to carry out whatever award Judge Harrison might make. On the lOlh March, 1862, the award was made, giving £f>000 damages to the Town of Barrie-which had made a detailed claim of nearly £20,000- with costs. Did the Company accept this award according to the agree- ment of Mr. Cumberland and his own bond ratifying that ao-reement] On the contrary-Mr. Cumberland was the pro- minent actor all through-it appealed to the Court of Queen's Bench to set aside the award, in the term during which the award was given. It is proper to state that there bad been some change in the Directors, in the interval. The appeal did not proce'ed upon the ground of excessive damages, but upon an alleged verbal uncertainty as to whether the award gave the Company the optioua^f.l>;iyiug..tJ\e. money or building the I**. *:••.• • ! I • • •• •(••••••a ♦•' •• p • ' • „ ' • • •• < • < 42 THE BARRIE SWITCH. Switch. Mr. J. H. Cameron appeared as advocate for the Com- pany ; and after argument the award was confirmed. The Court decided that the Company had no option, but was bound to pay the amount of the award. And now the case has entered on a new phase. The Coun- sel employed by the Company to argue in favor of setting aside the award, has signified his intention to file a bill in Chancery to attemj t to secure an object in which Mr. Cumberland has been defeated at common law. The lawyers are not to blame of course. But it is true that no ultimate benefit can accrue to the Company from such disgraceful shuffling and contemptible trickery as are displayed in the narrative. The quarrel is likely to entail greater expense than would have sufficed to build the Switch ; and after all it looks as if Judge Harrison's award would have to be paid. I Printed by D. Crew, n.t the Jdvanr^ Power Press, Barrie.