■ MM^^ — — MMMiM^IIW—MM MH^Mlf -•"-?| r~"^ ""*" "~ — — — — ———— 8T.iTEiktENT ■ A.' • In'reqaro to •-T -.--'.r i ■■ THE CANADIAN GOVERNMENT AXD THE CANADIAN PACIFIC RAILWAY, SUBMITTED TO THE SENATE COM3IITTEE ON INTERSTATE COMMERCE BY JOSEPH NIMMO, th^J IS'S^ APRIL, 1890. /^O^j .'-■^ — »■ WASHINGTON: GOVERNMENT PRINTING OFFICE. 1890. ■j.^. -^ ■ ' r * ■ f- - i-S •^ "S •',>/' rn - J -> _ * t.- ting with the ccmmercial and trans- portation interests of the United States. If the Dominion of Canada were as completely separated from actual conduct of commerce and transportation as is the United States, our Canadian relationships would be purely of a political character ; but the difficulty involved in the whole matter is that the United States Goveroment in its foreign policy is ingenuously political while the Dominion Government is shrewdly commercial from the compulsion of proprietary interests and financial obligations. The fact that the ownership and control of railroads is a fundamental part of its policy makes it commercially aggressive. The very fact of its ownership of canals and railroads and its deep interest in commerce and transportation for political purposes subjects it to a sort of public responsibility of which we have no conception in this coun- try. By virtue of these facts the Dominion Government is necessarily aggressive. The veiy fact that the Dominion Government has assumed responsibility for the commercial success of the country brings to bear upon it a public responsibility which compels it to have recourse to all the sharp expedients of transportation and of trade. So we see the Do- minion Government doing toward the transportation lines of the United States just as one great railroad company is doing toward another. This fact is now clearly appreciated by the Inter-State Commerce Commission. In their third annual report, just issued, referring to the Canadian railroads generally, the Commission say: They are practically under no restrictions imposed by their own statutes in re- spect to long and short, haul trafiBc, but are at liberty to charge high rates on local business to indemnify for losses on through or international business. Their man- agers deny» with more or less emphasis, that their local traffic is subjected to higher rates, but when the liberty to make such charges and the necessity for it can exist, tbe inducement, at least, is strong. The provisions of the Canadian statute on this 8ubj«'ct, are as follows: "Sec. !;i26. The company in fixing or regulating the tolls to be demanded and ta- ken for the transportation of goods, shall, except in respect to through traffic to or from the United Statts, adopt and conform to any uniform classification of freight which the governor in council on the report of the minister, from time to time prescribes. "Sec. "232. No company in fixing any toll or rate shall, under like conditions and oircumstances, make any unjust or partial discrimination between different localities, but no discrimination between localities, winch by reason of competition by water w i ailway, it is necessary to make to secure traffic, shall be deemed to be unjust or partial." These enactments give all traffic carried in competion with our carriers unlimited freedom. In a word, the Dominion Government in the conduct of its railroad policy is doing as railroad managers are doing everywhere. Railroad managers are engaged in a never ending fight. That is a characteristic of competition. The Canadian aggression upon American interests is therefore a natural expression of the character of their Government. That fact to my mind is a very important one, and it seems to me to be the root of the whole matter. Just take the whole case in review. First, the Canadian ownership of canals, which cost $52,000,000; second, the direct ownership and management of the intercolonial system, which cost $46,000,000, and third, the interest of the Dominion Government in the Canadian Pacific Railway, which it has aided in various ways to the amount of $215,000,000. All this has really transformed the Dominion Government from a political organization into a commercial institution — an aggressive transportation system. At least that is the character it assumes towards the United States in all matters of international re- lationships. A man gets himself into a certain method of doing business and he has got to follow up that line of policy in order to succeed. Just so it " - . s ;■ THE UNITED STAIES AND CANADA. 653 is with a government. It is by a faithful adherence to this sort of l)olicy that the present MacdonaUl government has become so firmly intrenched in power. It is impossible for his party to enter into any treaty agreement which would relieve it from the necessity of having recourse to all those tactical and strategetical expedients with which the great trunk lines of the country are continually competing with each other. So I favor reciprocal legislation with Canada in preference to commercial treaties, and as we hold the advantage over Canada all -along the line we can dictate the detail of our Canadian relationships. It is difl&cult for us in the United States to appreciate the force of public sentiment which in Canada has created a vast public debt for the construction of railways and canals and which compels the admin- istration of the Dominion to manage those enterprises '' ^cording to the dictates of apparent commercial need. THE TRANSATLANTIC AND TRANSPACIFIC STEAMER LINES CONNECTIONS OF THE CANADIAN PACIFIC RAILWAY. AND Upon the completion of the Canadian Pacific Railway, in the spring of 1886, a line of steamers was established between Vancouver, British Columbia, and China and Japan. Recently the preliminary steps have been taken for the establishment of a British steamer line from Van- couver to Australia and New Zealand ; also for the establishment of a steamer line from St. Johns, New Brunswick, and Quebec, to Liv*er- pool. The provisions of law for the establishment of the British lines lust mentioned are embraced in the following act of the Dominion Government, passed at its late session : AN ACT relating to ocean steamship subsidies. Her Majesty, by and with the advice a nd consent of the Senate and House of Com nions of Canada, enacts as follows: 1. The governor in council may grant to any individual or company a subsidy not exceeding the sum of twenty-five thousand pounds sterling per annum, to assist in establishing an effective fortnightly steam-ship service between British Columbia and the Australian colonies and New Zealand, or such proportion thereof as is decided uport of New Y^ork and to American transportation lines, and it had about it the essential elements of reciprocity. The St. Lawrence system of canals was completed about the year 1848. During that year the Canadian Government very gladly ex- tended to the people of the United States the privilege of importing and exporting goods through Montreal without the payment of duties in Canada. The Canadian Government did everything it could to en- courage this traflBc because it tended to promote the commercial uter- ests of Canada. At the same time it afforded to the people of our West- ern and Northwestern States the competitive advantage of an alterna- tive route. This movement also had about it the essential elements of reciprocity. , .' - : :, . • » These two movements, embracing the privilege afforded by each country of exporting or importing goods across the territory of the other without the payment of duty, I shall hereinafter designate as ^'the foreign transit trade." It may be remarked in passing that the ad- vantages which the foreign transit trade affords to Canada are pro- portionately very much greater than those afforded to the United States. l« ^.THE DOMESTIC TRANSIT TRADE. ff -Ui i^fiih': :' - There is another and more important branch of the United States and Canadian transit trade to which I would more particularly invite your attention. I refer to the transportation of merchandise from ono ■ ^^v^ r:^-^> r.;?*^-:;; -^j^v- >; . ^ --^^^ 656 Transportation interests of point in the United States to another point in the United Stages across the territory of Canada, and to the transportation of goods from one point in Canada to another point in Canada across the territory of the United States, in both cases without ijayment of duty. This I desig- nate as the domestic transit trade. This branch of the transit trade had its origin in the geographical circumstance that east of Minnesota, where the parallel of 49 degrees is the international boundary, the terri- tory of the two countries interject, the one into the other, through a range of 6 degrees, or about 400 miles of longitude. The entire settled portions of the provinces of Ontario and Quebec are situated south of a line drawn from the northern boundary of Min- nesota to the northernmost point of Maine. Just 73 per cent, of the total population of the Dominion of Canada is embraced in this interjection of territory, as will be seen from the statement of population recently prepared by the statistical bureau of Canada : Popalation. Ontario 2,189,107 Quebec 1,496,226 Nova Scotia 489,618 New Brunswick 348,568 Manitoba 146,545 Popnlatioa. British Columbia 150,999 Prince Edward Island 121,852 Northwest Territories 106,000 Total 5,04b,915 On the other hand, the State of Maine almost separates the province of Quebec from the province of New Brunswick. Now, I beg you will carefully observe the fact that the " transit trade^' is based absolutely upon these interjections of territory, and upon the fact that navigation on the St. Lawrence River is closed for about six months each year. But for these phjsical characteristics of the two countries on the east side of the continent, there never would have been any " transit trade." , The origin of the domestic " transit trade '^ was as follows : About the 1st of April, 1855, the railway suspension bridge two miles below Niagara Falls was completed. By this means the New York Central Railroad, the Great Western Railroad, of Canada, and the Michigan Central Railroad formed the first all-rail line from New York to Chicago, with the single break caused by the Detroit River, which was crossed by a ferry. A large freight and passenger traffic at once sprung into existence over this line. The question arose whether American goods could be loaded into a foreign railroad car at Suspension Bridge and carried across the inter- jecting territory of Canada to Detroit without the payment of duty. The analogy furnished by our navigation laws, which forbid the car- riage of goods from one point in the United States to another point in the United States in any other than an American vessel, was set aside. In the absence of any specific statute on the subject, the authorities at Washington yielded to the popular demand, and thus the domestic transit trade, like the foreign trausit trade, had its origin in the mere exercise of administrative discretion. The Canadian government very freely acceded to the arrangement, for it was one of great advantage to the traffic interests of the then most important railroad in Canada, the Great Western Railroad. Since the inauguration of the domestic trausit trade over the Cana- dian route ju^t mentioned, the relative importance of that route has greatly decreased in consequence of the construction of the several powerful trunk lines south of Lake Erie, which carry the great bulk of the commerce between the West and the sea-board. THE TJNitEb SlAtES AND CANADA. ' * 65 V TRANSIT TRADE LEGISLATION AND TREATY STIPULATIONS. Both branches of the transit trade hereinbefore described and desig- nated as the foreign trausit trade and the domestic transit trade, existed from the time of their inception by virtue of administrative discretion, and in the absence of any specific provisions of law sanctioning them, until July 28, 18G6, when the following act of Congress was passed (Revised Statutes, sections 3005 and 3006, Chapter CCXCVIII, ap- proved July 28, 1866) : AN ACT to protect the rerenae and for other parpoees. Sec. 5. And he it further enacted, That from and after the passage of this act, all floods, wares, or merchandise arriving at the ports of New York. Boston, and Port- and, or any other port of the United States which may be specially designated by the Secretary of the Treasary, and destined for places in the adjacent British Prov- inces, or arriving at the port of Point Isabel, Texas, or any other port of the United States which may be specially designated by the Secretary of the Treasury, and des- tined for places in the Republic of Mexico, may be entered at the custom-house and conveyed, in transit, through the territory of the United States, without the pay- ment of duties, under such rules, regulations, and conditions for the protection of the revenue as the Secretary of the Treasury may prescribe. Sec. 6. And be it further enacted, That imported goods, wares, or merchandise in "bond, or duty paid, and products or manufactures of the United States, may, with the consent of the proper authorities of the provinces or republic aforesaid, be trans- ported from one port or place in the United States to another port or place therein, over the territory of said provinces or republic, by such routes and under such rules jegulations, and conditions as the Secretary of the Treasury may prescribe ; and the goods, wares, or merchandise so transported shall, upon arrival in the United States from the provinces or republic aforesaid, be treated in regard to the liability to. or ■exemption from duty or tax as if the transportation had taken place entirely within the limits of the United States. Section 5 of the act above quoted in terms legalized the foreign transit trade, while section 6 as specifically legalized the domestic transit trade. The next measure in the order of time having reference to the establishment of the United States and Canadian transit trade is found in the twenty-ninth article of the treatj^ of Washington, which - ji was concluded May 8, 1871. That article is as follows : Article XXIX. It io agreed that, for the term of years mentioned in Article XXXIII of this treaty, •Koods, wares, or meuchandise arriving at the ports of New York, Boston, and Port- land, and any other ports in the United States which have been or may, from time to time, be specially designated by the President of the United States, and destined 'ibr Her Britannic Majesty's possessions in North America, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and condi- .tious for the protection of the revenue as the Government of the United Stat**s may from time to time prescribe ; and, under like rules, regulations, and conditious, goo• 658 . TRANSPORTATION INTERESTS OF rij the first transcontinental railroad was completed in this country. It th is absolutely certain that it never would have been signed by any sane American commissioner nor ratified by any American Congress in the presence of the conditions which now govern the transportation inter- ests of the United States and of the eftbrts which are now being made by the Canadian and British Governments to grasp American commerce and to exploit British imperial confederation on this continent. And now let us briefly recapitulate the leading facts hereinbefore stated in regard to the transit trade. Both branches of that trade were inaugurated by administrative dis- cretion, ^subsequently they were sanctioned by the act of July 28, 18G0, and bj' article 29 of the treaty of Washington. All this was prompted and justified by the particular circumstances of interjecting territory, by the disability under which the provinces of Quebec and Ontario labor of having no winter sea-ports, and by the advantage of competition which the St. Lawrence River route affords to our Western and Northwestern States during the season of navigation. On the western side of the continent the case is entirely different. Not one of the conditions which justify the transit trade on the east- ern side of the continent exists as a justification of the extension of the privileges of that trade to the western side of the continent; but, not- withstanding this obvious and most important characteristic of the commercial life of the country, upon the completion of the Canadian Pacific Railway to the Pacific Ocean, in the month of May, 188(5, the Secretary of the Treasurj* granted to the Canadian Pacific Railway Company the privileges of the transit trade, so that it was enal^led at once to enter into competition with the American lines for the domestic traffic of the United States across the continent, and also of competing, by the sheer force of British and Canadian governmental subsidy, with American steamer lines, American sea-ports, and American railroads for our Asiatic commerce. I am aware of the fact that under a familiar rule of construction, a statute of a general nature, although in its form permissive, is never- theless mandatory upon the officers of the Government charged with its administration, and that Sec. 6, of the act of July 28, 186C, may be regarded in this light. There is, however, a question as to whether the Secretary did or did not err in allowing the transit trade on the Pacific coast to be conducted in i)art by vessel and in part by rail, embracing the transfer of cargo on foreign soil. But I submit to the committee that the historic facts which alone justified the enactment of that law, and the questions of public policy which now confront the country re- garding the encroachment of the Dominion Government upon the navi- gation, transportation, and commercial interests of the United States clearly demand that under specific statutory provisions, the " transit trade" shall be limited to the conditions under which it was origi- nally established, and to the specific purposes which it still subserves on the eastern side of the continent. ■ v I maintain, however, that in a certain particular the *' transit trade" as now conducted on the Pacific coast is in open violation of our laws for the protection of the revenue from customs. THE TRANSIT TRADE ON THE EASTERN AND ON THE WESTERN SIDE OF THE CONTINENT. ^ Now, what are the real differences between the apptication of the transit trade on the eastern side of the continent and on the western side ! To make this perfectly clear to your committee, even at the I THE UKITKD STATES AND CANADA. 659 " risk of repeatinjr what bas already been said, T invite your attention to the following statemeiit, sliowing si)ecitically the radical differences which exist between the conditions under which tlie transist trade ex- ists on the eastern and on the western side of the continent. First. The eastern transit trade is across interjecting Canadian ter- ritorj', in part over an American line, the Canada Southern Railway. There is no such inteijecting territory on the west side of the continent, and the exclusive privileges of railway construction granted to the Can- adian Pacific do not tolerate such an American competitor in British Columbia. Second. The transit across this interjecting territory at the east, while enabling some of the principal railroads of Canada to i^articipate in our domestic traffic, affords the reciprocal advantage to American shippers of short and direct lines between our l!^orth western and our New England States ; but no such advantage of a shorter line is af- forded by the Canadian Pacific on the western side of the continent. Third. The most po])ulou8 and most wealthy portion of the Dominion of Canada is for six months of the year dependent upon transit across the territory of the United States for free commercial intercourse with foreign countries. But no such disability affects British Columbia. In common with all the Pacific coast ports, as far north as Sitka, Alaska, the ports of British Columbia are open all the year. Fourth. The eastern transit trade lines tend to bring trade to Amer- ican sea ports, while the Canadian Pacific Kail way, with its British steamer line adjuncts, operates very strongly to turn American com- merce from American sea-ports, a fact which has created great alarm on our Pacific coast and has led the convention of commercial and indus- trial organizations of that section to utter an earnest and entirely non- partisan appeal to Congress for protection against the aggressions of the Canadian and British Governments. Fifth. The St. Lawrence River and Canadian canals afford the com- petitive advantages of an alternative route to the people of our Western and Northwestern States for six months of the year ; but no such nat- ural advantages of water transportation through Canada exist on the western side of the continent. We have no nee'^ to cross Canadian territory there, even for the purpose of gaining the advantages of an alternative route. Sixth. The railroads of Canada, which were allowed to engage in the transit trade under the privileges of the act of July 28, 1866, and of article 29 of the treaty of Washington, were all constructed as com- mercial enterprises, on commercial principles and to subserve merely commercial purposes, but the Canadian Pacific Railway, as I have be- fore shown, was constructed by the Dominion Government for political i purposes distasteful to and in a measure inimical to the United States. I This is fully evidenced by the contribution of $215,000,000 in gifts and other subventions by the Dominion Government to the Canadian Pacific Railway ; by the exemption of the property of that company from taxation, amounting to $600,000 a year; by the remission of duties on rails and other materials, amounting to $7,000,000 upon the basis of the rates of duty charged in the United States; by protection against the construction of competing lines, and by the subsidy to the Canadian Pacific lines across the State of Maine, amounting to $186,000 a year. Seventh. The Canadian Pacific Railway has as adjuncts a steamer , line to Asia so heavily subsidized by tae Canadian government as to ' threaten the ruin of American steamer lines between San Francisco and -*^-.; V " ,■ \ ■• ■ - •■ ■' ■■ ' .■• '.- . ■ -,. •• '-:' '•^:---- , •■ i~ : .-'. 'v- ■''■^-'' .■ ,^li-^-' 660 TRANSPORTATION INTERESTS OF ports in Asia, and to divert our Asiatic commerce from American sea- ports to tbe Canadian port of Vancouver. The Canadian and British Governments, with the idea of the imperial confederation of the British Empire prominently in view, are now planning for the establishment of a heavily subsidized British steamer line to Australia and New Zealand. This will ruin our American line to these islands unless we adopt meas- ures which will protect it against the efforts of the Dominion Govern- ment to destroy it. Those governments are also planning for a heavily subsidized trans- Atlantic steam r line from St. John's or Halifax to Liverpool. This line? would tend to divert commerce from New York, Boston, and Portland^ Me. But no schemes for diverting commerce from American ships,, from American sea- ports, and from American transportation lines char- acterized the railroads which were authorized to engage in the transit trade bj' the act of July 28, 1866, or by the treaty of Washington of 1871. As I have before remarked, that treaty would never have been signed by any sane commissioner if it had been characterized by any such feature of hostility to American interests. Eighth. The Canadian Pacific Railway is closely identified with raili* tary objects, which were at the beginning urged with eff^ect both in Can- ada and Great Britain in favor of the construction of that road. Thi» feature of the enterprise is accentuated by the formidable fortress and naval station at Esquimault on the Island of Vancouver, and it is also indicated by tlie fact already noted that the first train which passed over the Canadian Pacific upon its completion was loaded with material of war. No objectionable feature of this nature characterized the tran- sit trade authorized by the act of July 28, 186^3, and by the treaty of Washington, and it is certain that the privileges of the transit trade should never be grante s*.. '\ y ■ ^ • ^ - ■ - ■ •y-- , '' ' 'j : K N 662 TRANSPORTATION INTERESTS OF sealed. But at the present time foreign goods to be shipped east to points in the United States are received by an inspector of customs of the dis- trict of Puget Sound, who, as I am informed, has been made a consular agent of the United States. He simply certifies to manifests of Amer- ican goods, and forwards them without examining or certifying to the invoices, and the Canadian Pacific being a foreign corporation can not execute a bond to the United States for the faithful performance of any service whatever. The whole proceeding appears to be unwarranted. So, without any authority of law and by a manifest abrogation of law, Vancouver is exempted from important requirements which apply at San Francisco. Thus the administrative branch of our own Government is actually aiding the great politico-military railroad of Canada in its work of deflecting commerce from American ships, from American sea- ports, and from American transportation lines by the sheer force of Canadian and British subsidy. I hesitate not to characterize this as disgraceful to the Government of the United States and a matter which calls for immediate rectifica- tion, THE STEITGGLE MADE BY THE CANADIAN PACIPIC RAILWAY COMPANY FOR THE CONTROL OF AN IMPORTANT PART OF THE INTERNAL AND FOREIGN COMMERCE OF THE UNITED STATES. The Canadian Pacific Railway was open for traffic in the month of June, 1886. With a phenomenal audacity the Dominion Government and the Canadian Pacific Railway management assumed that the priv- ileges of both the internal and the foreign transit trade of the United States applied to transcontinental traffic, notwithstanding the historic fact that the entire transit trade was originally established under the peculiar conditions of interjecting territory on the Eastern side of the continent, and by virtue of the fact that the Canadian Provinces of Ontario and Quebec were shut off from foreign commerce by ice and fogs during six months of the year. The act of July 28, 1866, made the extension of the "transit trade" subject to the discretion lodged with the Secretary of the Treasury touching the protection of tlie revenues from customs, and the twenty-ninth article of the treaty of Washington in terms granted the privileges of the transit trade in favor of the par- ticular routes on the East side of the continent described in that article, and to such other routes as might be "specially designated by the Presi- dent of the United States." I think that from the stand-point of national interest and honor it is a cause for regret that the late administration should have uncondi- tionallj' extended the privileges of the transit trade to transcontinental traffic and thus have aided the government of Canada in carrying out -a line of policy the objects of which are inimical to the commercial, navigation, and transportation interests of this country and in a polit- ical sense offensive to the United States. As our navigation laws for- bid that any foreign vessel shall engage in our domestic commerce, it was necessary that an American line of steamers should form the con- nection with the Canadian Pacific Railway, whereby that agency of the Dominion Government might be able to compete with the transconti- nental and eastern trunk lines of the United States for the traffic of Cali- fornia, Oregon, and Washington with the east side of the continent. Under the arrangement which was made for carrying that object into effect the Canadian Pacific Railway at once began a bull-dozing j)olicy in regard to rates with the object plainly in view of wresting trom the . •** THfc UNITED STATES AND CANADA. 663 American lines alarge share of the through traffic. They wanted a larger share than the American lines could afford to grant without imperiling their own interests. Besides it was seen that a very material reduction of through rates, in order to prevent traffic diversion, would compromise the American lines with respect to an equitable adjustment of through and local rates and generally with respect to competing and non-com- peting rates. This, however, would inevitably have led to popular discontent all along their lines and the blame would of course have fallen immediately upon the managers of the American lines. The general manager of one of these lines remarked that with them it was a question of "no traffic or no rates." Everything seemed to favor Canadian aggression. The Treasury De- partment had given the whole case away and soon after the interstate- commerce act took effect. For months the managers of the American transcontinental railroads were in a demoralized state, while Mr. Col- lingwood Schreiber, chief engineer and manager of the government railways of Canada, exultingly reported to his government, under date of December 26, i887, that " already notes of alarm have been sounded by the American press at the manner in which the Canadian Pacific Railway is cutting into the business of the transcontinental roads of the United States." The Canadian Pacific Railway, constructed mainly by the gifts and aids of various sorts extended by the Canadian gov- ernment and backed up by that government in every act of aggression upon American interests, was fighting a set of American lines con- structed mainly oi* entirely by private capital with large financial obli- gations and confronted by a jealous and somewhat unfriendly public sentiment in this country toward the railroads generally. The situation seemed to illustrate the irony of fate. After a while the Interstate Commerce Commission decided that the competition of the Canadian Pacific Railroad is a cause for departure from the " long and short haul rule." This was a great relief to the transcontinental railroads, but a greater relief to the producing indus- tries of California, which depend for quick markets u[)on that portion of the United States situated east of the Missouri River. To what ex- tent the long and short haul rule may be departed from«the Commis- sion has cautiously refrained from saying, and the country is still at sea upon the vitally important question as to the influence which shall be exerted in the determination of relative rates by rival commercial forces, by mountain ranges and arid wastes, and by the competition of water lines, and by the power exerted by the Dominion Government through its alter ego, the Canadian Pacific Railway Company. This is the emergent question of our railroad problem, which must finally be settled bv judicial determination. For many mouths a war of rates continued between the Canadian Pacific and the American lines, and the situation to day is in the nature of an armistice. The plan adopted for keeping the peace is that of differential rates. By this concession the Canadian Pacific is allowed to charge lower rates in order to secure a share of the through traffic, a virtual concession to the financial power of the Dominion Government behind the Canadian Pacific. This is illustrated by the following table showing the rates which now prevail on through traffic from San Francisco to Chicago by direct American routes and by the Canadian Pacific route by steamer to Van- couver, and thence by Canadian Pac^c Railway and its eastern couv '^ nections. ». ;i- ■ - . » _....--■■■:. •- .i . / ^JT^*- 664 TRANSPORTATION INTERESTS OF Through rate$ from San Franciaco to Chicago. llerolumdiae oIam. Fint .. Second Third. Fourth Fifth., Direct Americkn route. $3.iM 3.40 2.70 2.10 1.85 Canadian Pacific roQte. $3,724 3.26i 2.58 &00 1.75 Differ- ential. $0.17* •1*4 .12 .10 .10 Merchandise oUm. ▲ B C D E Direct American roate. $1.90 1.70 1.35 1.20 1.10 Canadian Pacific route. $1.82 1.02 1.28 L15 1.06 Differ- entiid. 10.08 .08 .07 .06 .05 The discrimination in passenger traflBc is illustrated by the following statement quoted from printed schedule showing the rates in force on the 26th of December, 1889. Bates from St. Paid, Minn., to Portland, Oregon. Class. • Via Northern Pacific. Via Canadian Pacific. Limited- First class $60 35 $50 Second class •.•••••.•••••••...•...••••••«•••••••••••••••. ••••...•... 30 1 During the year 1888 the Canadian Pacific in its fight with the Amer- ican transcontinental lines secured about 39 per cent, of the traffic between San Francisco and a line of which the principal eastern points are St. Paul, Milwaukee, Chicago, St. Louis, and New Orleans. I have not been able to procure any later information as to the relative magnitude of this movement. The Interstate Commerce Commission, in their recently published report, say: It is estimatoid that fally oue-third of the through business of the Canadian Paoiiio to and from the Pacific coast consists of traffic furnished from the United States. TRAFFIC BETWEEN THE ATLANTIC SEA-BOABD STATES AND CHINA AND JAPAN OVEE THE CANADIAN PACIFIC ROUTE. There is a traffic over which neither the Transcontinental Eailway Association or any other American railway organization appears to ex- ercise any sort of control. I refer to the direct traffic between points in the Atlantic Sea-board States and China and Japan, over the Cana- dian Pacific Eailway and its heavily subsidized ocean steamer line. This commerce is being deflected from American steamer lines on the Pacific Ocean, from American sea-ports on the Pacific coast, and from American railroads across the entire continent, by the sheer force of subventions granted by the Dominion and British Governments. Through rates are quoted between Atlantic and Pacific coast cities, but there is no supervision over such traffic such as that which is exer- cised by the Transcontinental Association over traffic west of Chicago and St. Louis. The following tables exhibit respectively the kinds and weights of commodities exported from the Atlantic Sea-board States to China and '>f>,"»,'V. >V» \''i'-«.'«9 r t THE UNITED STATES AND CANADA. 665 JapaD via British Columbia by the Canadian Paci6c Railway and its heavily subsidized British steamer line across the Pacific Ocean : No. 59. — Statement shoicing Ihe kinds and weights of commodities, the production of the United Slates, exported Jrom the United States throuflh Britixh Columbia, via the Cana- dian Pacific Railway, to China and Japan during the year ending June 30, 16S8. [From official reports by the United States inspector of customs at Vancouver, British Columbia.] Articles. Books Boots and shoes, India-mbber Clocks and watches Cottons Gypsom Hoofs, horns, and bones Lubricants Machinery Merchanuise Organs Weight Foundt. 5,073 910 &07 4, 660, 168 27,410 72,606 7,896 678,047 81,102 21, 103 Articles. Personal effects Plumbago Rattan core Talc Tobacco and cigarettes Tram-cars Type-writers ToUl Weight. Pounds. 15, 571 300 305 2,080 1,725 45,000 60 53,653 5, 625, 355 No. 60. — Statement shotting the kinds and weights of commodities, the production of the United States, exported from the United States through British Columbia, via the Canadian Pacific Railway, to China and Japan during the year ending June 30, ldc9. [From official report by the United States inspector of customs at Vancouver, British Columbia.] Articles. Air-gnns Apples Books, stationery, charts, and printed matter Boots, India-rubber..... Carbons Cartridges, m etallic Cases of wood ... Celluloid Clav pipe Collars, linen , Copper wire Cottons Cream of tartar Cresin , Dry goods, not specified Drugs, not specified Electric fixtures Fire-works Gas-fixtures Ginseng Glassware Headl-ights for locomotives Hoofs and fertilizers Iron and steel : Castings Fire-arms.... Hardware Locomotive springs Machinery, not specified Printing-presses Scales Type-writers Wire rope Weight. Pounds. 40 310 40,588 4,097 4.140 3,162 300 1,255 2.861 534 10, 070 , 756. 504 821 564 11, 401 8,080 106,451 1.400 2,110 39,933 lOO 450 182,780 9,762 361 12,411 470 328,938 1,819 3,663 200 20,040 Articles. Lamps.... Leather, belting Mica Milk, condensed Mercliandise, not specified Missionary goods Musical instruments: Organs Pianos Oils, lubricating Oils and paints Paper Pencils, of lead Personal effects Phonographs Photographic goods Pictures Sulphur. Silk, raw Skates, roller Tea Telegraphic wire Tobacco Cigarettes Tinware Varnish Wood manufactures: Boats One show-case Wax-candle &tock ».. Total Weight. Pounds. 410 1,713 65 1,896 5,466 70,460 2,720 1,050 18, 016 1,150 100 880 12, 085 2,100 714 110 274 2,602 37,700 480 3,420 753 3,792 1,531 1,754 2,340 (*) 7,788 12, 834, 901 • 2fo weight given. i .'.>*;• -t ■ I ■ - , ; - \ . - 1 ; ■ .f • 666 TRANSPORTATION INTERESTS OP No. 61. — Statement ahoiring the kindB and weights of commodities ivijwrted into the United States through British Columbia, via the Canattian Vacifiv Hail way, from China and Japan during the calendar year i8ti6, and the eleven months ending November 30, 18dl). [From official reports of the United States inspector of cnatoms at Vancouver, British Columbia.] Commodities. Tea nice BawsUk Curios Mftttinz Straw braid Flax fiber Paper ware Silk waste Fire-worlts Silk goods Japan ware Personal effects 1888. Pound$. 14, 687, 627 216,385 560,591 140, 374 4,030 180 Eleven months of 1889. Ponndt. 8, 600, 550 3,461,382 790, 791 361, 277 305, 912 100,555 83,370 37, 610 27,920 16,777 10,391 7,387 7,350 Commodities. Bamboo Silk tloss Porcelain Animal skins Art Koods Groceries Lily bulbs Ivories Merchandise (not other- wise described) Total. 1888. Pounds. 10,400 167,040 19,250 180 1, 065, 370 Eleven months of 1889. Pounds. 6,420 3,902 748 530 160 644.411 16,877,427 14,467,533 Theasurt Dspartmkmt, Bubrau of Statistics, December 27, 1889. 8. 6. Brock. Chi^fcif Bureau. The quantity of tea imported by this route during the year ended June 30, 1889, constituted 20 per cent, of the total imports of tea into the United States during that year. The precise question which confronts Congress and the country is : Shall a foreign railroad, built by a foreign government, and a subsidized British steamer line, established in connection with that railroad for commercial and political purposes inimical to the United States, be per- mitted to divert American commerce from American vessels, American sea-ports and American transportation lines, and if not, what measures shall be adopted for the i)rotectiou of these American interests ? CANADIAN DISCRIMINATIONS IN THE MATTER OP ENTRANCE AND CLEARANCE FEES. Almost all the commercial nations on the globe. Great Uritain in- cluded, now allow American vessels to enter their ports from all foreign ports upon the same terms, as to duties of tonnage or i jort, as are levied upon their own vessels entering from foreign ports. In other words, no nation discriminates against the vessels of another in the mat- ter of duties of tonnage or impost. This arrangement of maritime re- ciprocity in its general application is not based upon treaty stipula- tions, but upon reciprocal statutory provisions of a general or special nature. Such legislation was, I think, initiated by the United States in our act of May 24, 1828. But notwithstanding the fact that this reciprocal arrangement now characterizes the maritime intercourse of the civilized globe, and the fact that Canadian vessels are allowed to enter at ports of the United States upon the same terms as to tonnage duty and entrance and clearance fees as are charged American vessels, Canada charges American vessels arriving from American ports an entrance fee of 50 cents and a clearance fee of 50 cents, making $1 for every visit to a Canadian port, whereas no entrance or clearance fee whatever is imposed upon Canadian vessels having a license issued by the Canadian authorities, and the Commissioner of Navigation of the United States informs me that '*it is presumed that the license is ob- tained by such vessels, practically, in every case." . ; % » -. . •- ' .T ' THE UNITED STATES AND CANADA. GG't This, in dollars and cents, is comparativelj' a small matter to the ', country at larjje, but it serves to illustrate the general fact that all along the line, from the banks of Newfoundland to the island of Van- couver, this aggressive Canadian Government leaves no chance of en- croachment upon American commerce and no loop-hole of advantage for Canadian vessels or Canadian trade which it does not improve by an unfair discrimination of some sort in favor of Canadian interests. In passing I would observe that the United States does not allow Canadian vessels to engage in trade Iwjtween American ports, and that Canada does not allow American vessels to engage in trade between Canadian ports. This is and always has been the case. Each country absolutely protects its own coastwise or domestic carrying trade against foreign competition. CANADIAN VIOLATIONS OP THE TERMS OF THE TREATY OF WASHING- TON AND OF THE OBLIGATIONS OF THE TRANSIT TRADE. A flagrant and most absurd violation of a treaty stipulation between the United States and Great Britain was brought to the attention of the House of Kepresentatives on the 4th of January, 1888, in the form of a resolution submitted by the Hon. Nelson Dingley, jr., ofMaine. During the three preceding j-ears, through the device of an '* order in council,'^ a rebate of 18 cents per ton had been allowed out of the total toll of 20 cents per ton on grain of all sorts passing through the Wel- land and St. Lawrence Canals, if shipped to Montreal. This constitutes a premium of 18 cents a ton offered by the Canadian Government in favor of the diversion of American commerce from American seaports and American transportation lines. An officer of the revenue depart- ment of Canada has innocently confessed that *^the object of the Do- minion Government in promulgating this order was to encourage trade over the St. Lawrence route instead of allowing it to go to American ports." On the 16th of Jjinuary, 1888, Mr. Dingley showed that this discrimina- tion was clearly in violation of Art. XXV^II of the treaty of Washing- ton. It also constitutes a most flagrant and manifest violation of the reciprocal relations under which the '* transit trade" exists. The life of that arrangement subsists in an entire abstinence from any sort of discrimination in favor of the cars, the vessels, or the ports of either country. When the two countries shall attempt to vie with each other by discriminations in favor of their ow i cars, or vessels, or ports, the whole transit trade, with all its conditions of mutual benefit, will be wiped out. * It was hoped that the Dominion Government would have recognized the expediency, if not the justice, of receding from this manifest breach of treaty obligation ; but this has not been done. On the 20th of April, 1888, the offensive discriminating order was renewed. The Dominion Govern- ment seemed to be alarmed, and delayed the order about a month, un- til the absorbing issues of our approaching Presidential campaign had oalled the attention of Congress and the country away from Canada. But again, on the 18th of March, 1889, the discriminating order was issued by an order of council for the season of navigation of 1889. Last year there was no awakened public sentiment to be feared in this country, and the order was issued at an unusually early date. It is observed that this violation of the provisions of the treaty of W^ashington, and of the conditions under which the transit trade ex- ists, is not committed through an act of Parliament, but by the sly and 668 TRANSPORTATION INTERESTS OP facile expedient of an annnal "order in council,'' a method of wrong- dolDg for which Charles I, King of England, was adjudged a tyrant^ and for which he at once lost his crown and head. In responding to this indefensible discrimination against American commerce, the Government of the United States ought at once to im- pose a tonnage of at least 10 cents per ton on the gross tonnage of all Canadian vessels passing through the canal at Sault Ste. Marie, the rapids in the strait which connects the navigation of Lake Superior with that of Lake Huron. This canal, with its locks 515 feet long and 80 feet wide, was constructed at a cost of about $4,000,000, and is now owned and operated by the Government of the United States. Both American and Canadian vessels are allowed to pass through Sault Ste. Marie Canal free of tolls. That the United States has full power to order such discriminating tax upon Canadian vessels will be readily seen by examining Article XXVII of the treaty oi Washington, con- cluded July 4, 1871. At that time the canal belonged to the State of Michigan, and it was not transferred to the United States until June 5, 1881. There are also other appropriate and effective means of retaliation upon Canada for this unjust discrimination against American interests, which will readily suggest themselves to the legislative mind. THE CANADIAN REFUSAL TO RECIPROCATE IN THE MATTER OF Aip- ING VESSELS IN DISTRESS. On the 4th of February, 1888, the late Hon. Newton W. Nutting, of New York, brought to the attention of the House of Kepresentativea the fact that the Dominion Government refuses to accept the offer made by the United States by act of June 19, 1878, to allow Canadian wrecking vessels and machinery to assist Canadian vessels wrecked in American waters, provided a like privilege is extended to American wrecking vessels and machinery in Canadian waters. This matter has time and again been brought to the attention of the Dominion Government, and the subject has several times been discussed in Parliament. But the political influence of two or three Canadian wrecking companies has been strong enough to prevent the Dominion Government from accepting the terms of our proffered reciprocity^ although the refusal has already resulted in Isss of life. But this re- fusal to reciprocate, in a cause which appeals to the humane impulses of mankind, is perfectly in keeping with the refusal of the Canadian Government to allow American fishing vessels the common privilege of seeking refuge in her ports in time of storm, and for replenishment and necessary repairs. AN ATTEMPTED VIOLATION OF THE RECIPROCAL CHARACTER OF THE TRANSIT TRADE. The grasping and unfriendly disposition of the Canadian Govern- ment toward the United States was strikingly illustrated by the attempted refusal of the Canadian authorities to allow grain produced in the province of Manitoba to be shipped "in bond" from one point in Canada to another point in Canada over American railroads. This took place upon the completion of the Canadian Pacific, early in the year 1886. The movement of several million bushels of grain was thus for a time restrained. This was a flagrant violation of the privileges of the "transit trade," under which reciprocal arrangement the railroads i^ST^^^^-r ■'/■''- i^t ■j'\.-'}\ : ,f :';••*•-■'- v'^-.-J^^^Vi'T-' THE UNITED STATES AND CANADA. 669 of Canada have profited ten times as mach as the railroads of the United States. The ^'transit trade" has also been of enormous advan- tage to the commercial and industrial interests of Canada. The refusal of the Dominion Government to allow grain to be transported **in bond" over American railroads was not openly announced, but it was carried on surreptitiously. The Ottawa authorities declared that no instructions had been issued to the officials in Manitoba to prevent the traffic, and the customs offi- cials in Manitoba declared that no instructions had been issued to them whereby they could issue the necessary certificates allowing the move- ment of g^in from one point in Canada to another point in Canada over an American line. The treaty of Washington, concluded May 8, 1871, bore the first marks of this scheme of refusing to be bound by the re- ciprocal conditions of the transit trade. The words ** to other places in the United States," near the end of the second paragraph of article 29, grant to Canadian railroads the right to convey goods from one point in the United States to another point in the United States without pay- ment of duty, whereas there are no corresponding words in the first para- graph of the article referred to, which grant a reciprocal privilege to the railroads of this country. The Canadian Pacific seemed to be trying the experiment of taking advantage of this omission, which was either the result of a blunder or of a fraud. But the gathering storm of indig- nation convinced the Canadians that the whole transit trade might be endangered by their refusal to observe the obligations of its reciprocal character and they prudently withdrew their covert opposition. I have presented this case merely as a further illustration of the char- acter of the Dominion Government and to show that the people of Canada carry no friendship into their trade with the United States. ACTION OF THE COMMERCIAL AND INDUSTRIAL BODIES OF THE PACIFIC COAST IN REGARD TO CANADIAN PACIFIC RAILWAY EN- CROACHMENT. The people of the Pacific coast at last appear to be awake to the dangers of Pacific Eailway encroachment. A resolution was unani- mously adopted by the Chamber of Commerce of San Francisco, on the 23d of July last, inviting commercial and industrial bodies of the Pacific coast to meet in conference at San Francisco for the purpose of considering various subjects of interest, but particularly the assault made upon the maritime, commercial, and transportation interests of that section of the country through the enormous subventions granted by the Canadian Government to the Pacific Eailway, and the subsidies granted by the Canadian and British Governmentis to ocean steam lines, which are threatening the entire destruction of American steam navigation on the Pacific Ocean, and the diversion of trade from Pacific Coast ports. That conference was held at San Francisco on the 29th and 30th of July last. Referring to the whole scheme of British and Canadian subvention the report of the conference says : " With such special ad- vantages the Canadian Pacific can afford to quote rates which must drive the American lines out of the China trade, and iufiict an almost irreparable injury upon San Francisco.'' : >,, The commercial disaster which thfe merchants and other business men of the Pacific coast so clearly see to be impending, and ?. gainst which they ask the Government of the United States to protect them, is not, as before remarked, the result of a struggle between private enterprise ^'. 670 TRANSPORTATION INTERESTS OF^ / *, in the two countries, but is the outcome of a struggle between private enterprise in the United States as against a Canadian railroad corpora- tion which has received aid from the Dominion Government in excess of its cost, and which has been appropriately styled " the Dominion Government on wheels." It is also the outcome of a struggle on the sea between private enterprise and British steamer lines so lightly pro- tected by subsidy as to take the contest out of the arena of competition. The commercial and political schemes of Canada and Great Britain are re-enforced by the formidable fortress and naval station erected by the governments of those countries at Esquimault on the island of Van- couver. Certain of the chief officers of the Canadian Pacific have de- clared that these works are merely intended to serve as defenses against a possible naval attack by Eussia. This is manifestly absurd, ami is so regarded by military men. Russia sold Alaska to the United States to avoid the risk of having it captured by Great Britain in the event of war, and to avoid warfare with Great Britain in that part of the world. The only object of the Esquimault works is to hold the commercial van- tage of this protected and aggressive transportation line across !North America, and connecting Liverpool with China and Japan. In an editorial notice of the assembling of the commercial conference at San Francisco the Evening Bulletin of that city stated the merits of the whole case in a single paragraph: "Briefly stated, all the ques- tions (to be considered) may be resolved in this one. What power is to have the commercial supremacy on that part of the Pacific Ocean bor- dering the western side of North America?" This summarizes the whole case which now demands consideration bv the Fifty-first Congress of the United States, I need say nothing further in regard to the San Francisco conference, as copies of its proceedings were sent to each Senator and Representa- tive from the Pacific coast, with the request that they would use every consistent endeavor to place the subject properly before Congress. CONCLUSION. And now, in conclusion, I beg leave briefly to recapitulate the main facts which I have brought to your notice, and the points which I have attempted to establish. The most important feature of our Canadian relationship appears to consist in the fact that the Dominion Government is quite as much an active owner and manager of the traflic interests of canals and rail- roads as a government. Besides, it controls, for political purposes, a railroad across the continent. For the creation of this aggressive sys- tem of transportation the people of Canada have submitted to a burden of debt, as great as that assumed by the people of the United States for the preservation of our union. This Canadian governmental sys- tem of transportation encroaches upon the commercial interests of the United States apparently from the very necessities of its being. Besides this, 1 have brought to your attention numerous violations of treaties and encroachments upon the commercial interests of the United States. The British Government has no power whatever tore- dress these wrongs. The Cana