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By SANDFORD FLEMING, Past Engineer-in-Chief. PRINTED BY ORDER OF PARLTAMENT. ^""f^T.: OTTAWA: PRINTED BY MA.CLBAN, ROGER & CO., WELLINGTON STREET. 1882. /■•/ LETTER {ASrc) To the Secretary of State, Canada, in reference to the Report of the Canadian Pacific Railway Royal Commission, by Sandford Fleming, Past Engineer-in-Chief. / Ottawa, 1st May, 1SS2. The Honorable J. A. Mousskau, Secretary of State. Sib, — The Report of the Canaminion, I know no more fitting course of vindicating myself and the Dcpuilment with which 1 was connected, than officially addressing you on the sni^jcct, and requesting that this communication be submitted to Parliament and placed in the public records by the side of the accusations which have been published. The Royal Commission consisted of throe gentlemen, who wore conimissioned on the 16ih Juno, ISbO, " to make enquiry into and concerning all the fiicts connected with, and the conduct and prosecution of the Canadian Pacitft Railway from its inception." I fully recognize that the Commissioners undertook an onerous duty and assumed responsibiiities of no light order. They were expected to make enquiries into evcrj' circumsiaiico which arose throughout a period of nine years, in connection with a work unequalled in its peculiar character in the annals of the «ountry. The dignity of their Cummission demanded of them strict impartiality. They were called upon to throw aside all bias and foregone conclusions and to form a correct conception of the magnitude of the matter to bo investigated, and of the difficulties which had to be sur- mounted by those whoso conduct they were called upon to invositgate. They wore ♦•xpected to manifest a generous appreciation of the eflPorts made to overcome diffi- culties and advance the work in hand. And generally it was their duty to bo fair in their examinations and just in their conclusions. It would bo an ungracious task for any one to venture to suggest that the Royal Commission had failed in their duty. The task is rendered doubly unwelcome to mo, from the fact that their report is, to a large extent, a Bill of indictment against the Engineer-in-Chief and the Department with which ho was connected. My duty, however, is plain if it bo unpleasant. It seems to mo that the Com- mission have, ill their examination of witnesses, displayed a decided ono-sidcdnesa, and they have evinced an unmistakeable aniiniis throughout their report. They have suj)pie>sud evidence of importance which 1 subiuilted, and they have brought against m« grave charges on the testimony of hostile witnesses, without asking nio a single question on the points raised against me, without affoi-ding mo an opportunity of giving any explanation, and without the least knowledge on my part that such charges were made until I read them after the Report was laid before I'arliament. • See AppendixNo. 11. 48cc— 1 T ;im awaro that in dirocling attention to tho^c factn T am iiiidcrtukini^ a duty vhi( ii >otno may charactorizo as (Quixotic, and that I hhali incur tho m'Voic dls- plc'iii-iiif of jtartizans and of thoHo whoso influonco causod llio appoiiitinont of the Corumi-sioii. Bo tliat as it may, I must protest nj^'aiiifl inju.slifo. I foci very 8tr( nuly tliat tho cliargos preferred a^^ainst me, with all the weight niid aiitliority of a Ilo\al <''.mmisHion, are wholly unmerited. My jtorsonal characior and ))i(tte'-sional roj)Ul ;'l ion aro both assailed, and I cannot leiu.'iin under tho burden of ilio (jbioquy cast n|)OM me without an attempt, however feeble, to remove it. 1 .-ball, in the tirst place, very briefly refer to some of tho circumstances which Kd to tho appointment of tho JJoj'al Commi^^ion : - 1. A largo sum of money had been expended under Ihrco distinct A(lmini>5tra- tlcns : (1) On tho sarveyM, which began in 1871. (2) i)u construction, which began in 1874. (ii) 111 tho purchase of steel rails in 1871 and 1879. 'J. rummittees of tho Commons and Sonato had been appointed in the yean* 187», l''^7G, I.-.78 and I87!> to enquire into various matters, among others : tlioexpondi- turo of tho Knginoering Department, through Mr. William Wallace; expoiulituro on the Georgian Bay Branch; the route of the railway west of Keewatin; allege 1 irregulari- ties in awarding contracts; expenditure on the Fort I'^rauees Lock ; on the jiurclm-ie of steel rails ; on the purchase of land at Fort William; expenditure on telegraph construction, and on other matters directly and inairectly connected with tho 1:1 il way. ;{. The evidence taken at these several examinations wasvolumirious. By virtue of my office, I was generally in tho position of principal witness, and not seklom had to pass through an ordeal of examination an I cross-oxamiruition, by ojijuj-iing politi- cians, who desired testimony that would servo party purposes. My uuariablo rule Avas to conceal nothing and to defend all jiiopir actsof the Department to which my office was attached. This course did not give satisfaction to all. Parti/.ans expected that when the Government changed, 1 should change too and join them in traducing the previous Adn^nislration. 1 declined to lend myself to party. It only con- cerned mo to act for the best under all circumstances, and loyally uphold tho acts of the Department. This course moio than once led to serious difficulties; but it was the oidy cour.-o open to me with honor, and if in tho same position again, I would follow no other course. 4. I may recall to mind the state of affairs for two years following the advent of Mr. Mackenzie's Administration when, day after day, during the sitting of the Com- mittees, 1 gave ovidenco which was unaecei)tablo to many of the Government suppor- ters of that da}', some of whom never fully foi-gave me. When the present party came into power the same experience was repeated ; it was intensified by the fact that tho previous Administiation had the Pacific Hallway under control for five years, while their prcdocessors had it for only two. It became my duty, as chief executive officer, to defend tho acts of tho Di^purtment under tho Eeform Administration. I •was prepared to serve tho new Administration as faithfully as the past, but I could not turn round and calumniate those I had ])reviously served. Hence, a bitter feeling arose against mo among some of tho supporters of the present Government, "which with concu.'rent circumstances of less importance, brought matters to a culmination. 5, Grave charges wore made in the House of Commons; every one of which I fully disproved in a memorandum dated, 26th March, 1880, appended.* This was followed by a caucus, referred to at page 1697. At this caucus, the hostile pressure •was great and tho Government promised tho appointment of a Eoyal Commission to investigate matters. After tho lapse of two years tho Royal Commission has failed to substantiate tho charges made against mo in 1880. They re-affirm only one of them, viz : — that " I > • See Appendix No. 1. ' unwisely advised tho CJovornmont wilh rcsped to tho bridijln;,' of Rod Rivor," an accubutioii which I will refer to presently. Tho Commission have dropped uU tho other chur^jfos, but they hsivo niisod now issued. Thoro is scarcoly one of tho first 177 p!'K^'-^ of tlioir J'oport, wliic-h dood not refer to me. A rouder of the ]Joport of tfceC'oiumi.ssion, willioiit a krio\vledliject wa-i to do everything tho way in which it bhould not be done. It would take almo-t as many pages as tlie Commission have writfen, to meet in detail all the accu-ations they have made and the eonsures which they 'onvoy. Tho task would moreover be most distasteful, as in exonerating myself, I w^)idd in many instances bo compelled to place blame on others. Tho-^e wilh whou\ I have been long associated, will attest that I have ever sought to avoid such a course; indeed, I haveof'en boi-ne blame and responsibility which should ha\o been sluirod by othora. I propose to depart as little as I possibly can f:-om my usual practice, in the explana- tion and defence which 1 now submit, and 1 shall refer oidy to the most serious accusa- tions with which I am specially arraigned b}' the Commission. 1. It is charged that I incurred unjustiliablc expense in prosecuting tho prelim- inary surveys, and that I .'•hould have conducted operations in some other way. 2. 1 am charged with neglect of duty with regard to what is known as tho " Muskeg (Question." .'{. Tho charge is renewed that 1 unwisely advised the Government with respect to tho bridging of Red River at Selkirk. 4. I am charged with ordering an unnecessary survey from Gardner Inlet toLako Francois, in British Columbia, resulting in waste of time and money. 5. I am charged with recommemling tho purchase of 50,000 tons of steel rails in 1874, without any defined view as to the times at which they would bo wanted. 1 propose to take up tho.-=e charges seriatim. Before doing so I desire to refer to documentary evidence which the Commission have suppressed. DOCL'MENTS. (A) Sandberg's diagram, showing tho average price of iron and steel rails for 20 years, cntling with 1874. (B) Letter to the Secretary of Department of Secretary of Riilways and Canals, in reference to certain evidence given b\'- Mr. Iloretzky, dated 22nd June, 1881. (C) Order in Council in reference to saving in cost of construction of Sections 41 and 42, dated 18th June, 1880. (D) Letter to tho Minister of Railways and Canals in reference to saving to bo efTected in construction of sections 41 and 42, dated 14th Juno, 18S0. (bj) Letter to W. T. Jennings, Engineer in charge of Section 42, in reference to saving in cost of sections 41 and 42, dated July IGth, 1879. (F) Unofficial letter to Hon. Alex. Mackenzie, Minister of Public Works, enclos- ing memorandum on the construction of tho Pacific Railway, and with reference to personal charges, dated 30th September, 1874. (G) Memorandum in reference to the construction of tho Canadian Pacific Rail- way and settlement of the North- West Territory, dated 29th September, 1874. Copies of those seven documents are appended. They were sent under cover, on the 14th January last, to the Secretary of tho Commission, with the request thatthoy would bo taken as part of ray evidence. That they wore received there can be no doubt, as the one marked G. is printed with tho Report of tho Comniission. The remaining six have not boon published, and. with one exception, have not even been noticed. *^j' Jfii -'^ document A. — This document is important in connection with charge No. 5 above. The Commission have published a document, at page 170, purporting to have teeu put in evidence by me, but it is not a copy of document A, and conveys quite a different impression. 48cc— li Document B. — This should elr.irly have l>eon pnblislied. After my examination was cloiscd the CoinmiHsinii allowed a bitterly hostile witness to^'i' o abusive evidence against mo at great length (pages 1700 to 1732.) I asked only the publication of this single communication to moot all the statements. The refusal of the Commission to publish this document or notice it is the more extraordinary, as it was also S laced in their hands by the Secretary of the Department of Railways and Canals uring his examination, nine months before the date of their report. DocuvuntsC, D a.\A A' are in reference to Sections 41 and 42, and the slops taken to secure the completion ol the work in a satisfactory manner within tno estimated cost. Document F is in reference to personal charges in connection with land speculations. Document G. — This will be referred to when I come to consider charge "^"^ 5 above. ClIAROE No. 1. (Pniiminary Surveys.) Whatever special pleading may urge to the contrary, the conntrj' of British Columbia and of the lludson Bay Territory, when the railway was first proposed, was an unknown land, as far as its capabilities for a railway could be considered. Indeed what limited knowledge we then had was unfavorable, and doubts wer3 freely expressed as to the possibility of establishing a lino of railway north of Lakes Huron and Superior :!s well as through the Rocky Mountains to the Pacific. Ample proof could, it' necessary, bo adduced on this point. I need only refer to the lioport of the Minister of Public Works for the fiscal year ended -Oth Juno, 1873, an extract from which is appended.* As the Commission have cither boon unable to grasp the magnitude of the undertaking, or have endoavoiod to belittle the difficulties ot tho case, I have to direct special attention to the first two paragiaphsof that Report. Wli'jii I was asked to assume the various duties intrusted to me by the Govern- ment, ]iromptand energetic action was demanded. In tho terms of Union of British Columbia with the Dominion it was stipulated as follows: — " The Government of the Dominion undertake to secure tho commencement simultaneously, within two years from the date of Union, of the construction of a railway from tho Pacific towards the Rocky Mountains, and from such point as may bo selected east of tho Rocky Mountains toward the Pacific, to connect tho sea-board of British Columbia with the railway system of Canada, and further to secure the completion ot such railway within ten years from the date of the Union." This stipulation was referred to in the Speech from the Throne at tho opening of the Session immediately following the Union. It was forcibly impressed upon Parliament by Sir George Cartior, in introducing the Pacific Railway Bill and on other occasions. lie stated "the Government had no other alternative than to como before tho lloii-o this Session, in order to carry out tho covenant with British Columbia, and ])!• pose a scheme for the construction of the railway. The condition of Union with British Columbia was that the road should be commenced in two and completed in ten years. * * =i^ Ho regarded it as not only possible, but as a cer- tainty that the whole work Avould bo completed in ten years from Fort Gariy west to the Pacific and east to Lake Nipissing." — (^Hansard page 735). I did not seek the position of Engineer-in-Chief, and it is not surprising when Sir Hector Langevin, then Minister of Public Works, ii; a manner which I will not soon forget, induced me to accept it, that I hesitated. I lould form some idoa of tho work I was asked to undertake, having, ten years previously, carefully considered the question of a Pacific Railway and given my views to the public in a hrochu!c,r which has frequently been cited in Parliament by members on both sides; I had, therefore, some conception of tho responsibility I was requested to undertake, and it was with great diffidence and anxiety that I was induced to accept tho position otlorcd mo. • See Appendix No. '.*. t Viie ScEsioaal Papers, Province oi Canada, 1863. linntion vidcnce tion of imi.sHion UH also Canals When I onlcreJ on ray > utios it was not for mo to asHiirao that tho covenant with British Columbia, tho words uttcroi by tho (.Jovornor General from tho Throne, tho repeated expressions of tho lomlcrs of tho Gn-ornmont, in Parliament and out of Parliament, wore without moaning. I was bound to take them literally and do the best 1 could. As a public servant with an important trust thrown upon mo, I felt it my imperative duty to loavo nothing undone on my part to carry out tho terms . ^ thoy were sotforth . It is easy for men, sitting on a Commission ten years after the duty to solve the problem was thrown upon mo, to say that tho solution was easy, and to add that 8omo other way than that taken would have bjon hotter and cheaper. They entirely overlook tho fact that I was obliged to adapt my>olf to a statu of things which 1 found existing at tho period when the work was first conceived. Then but little positive information was available and every fact, in order to bo correctly known, had to be sought out. There were not a sufficient number of thoroughly efficient and practical men in the country to aid me in carrying out tho work of pi-eliminary explorations in what might be deemed the best way. There were not the same number of efficient assist- ants OS now. The few capable men in the country could not bo spared from the Intercolonial Railway and other public works then in p -ogress. Ten years' oxpei- ienoe has been gained, and many excellent young engineers have l^een trained or completed their training since tho time in question. I could only take the material available and make the best of it. I was called upon to do a work requiring a great number of highly skilled men when they could not be had, and, in consequence, I was obliged to adopt means to perform the service largely by partin'ly skilled men. It was not a question of money, it was a question of men. The Guvernment would not have thanked mo to have informed them t'-^t it would be better to wait until a sufficient number of the proper kind of enginecri",''' assistants oame to the country or were trained in the country. By so doing I wcui;*. have been laughed at, and the proposition scouted bad I urged that some saving might be effected bewailing. I was placed in the position of a general during an emergency who had no reserve of veterans to draw upon, and who, at short notice, bad to raise a force for a campaign. Long after the battle is fought and won, wiseacres might argue that the battle cost too much ; that it ought to have boon fought by half tho number of trained soldiers in another way altogether. The whole of the judgment passed upon me by the Commission seems to turn upon the difference of cost between two kinds of surveys. My evidence and my instructions, which I read to them, establishes that I adopted both kinds of operations, separately and combined, wherever and whenever it was desirable and possible. It is perfectly true that my plans son>etimes miscarried ; I disclaim all pretensions to infallibility or any extraordinary degree of foresight, but I think lam justified in saying that failure was not always due to the plans laid down, it was Horaetimes duo to tho men placed under me, to carry them out, and frequently to causes bej'ond the control of any person. The question of this or that kind of survey w;is, at the ti me, one of expediency, and really was dictated by the circumstances of the hour. The Com- mission now view it by the light of all our present information, which the labor of years has furnished. Long after tho work is done it is impossiblo to judge of the expediency of any particular survey, or toeS|l'i n all tho conditio is by which we were governed. Wo wore seeking to gain fu. -, we had a wiklcrnoss to operate upon, and for a time wo were working in the dark. I do not protxjud that, in that gigantic work, our labor was wholly free from miscalculation, but i can honestly say we acted with deliberation, and did our best under every circumstance. Charge No. 2. (Muskeg Material.) The Commission meto out severe censure on the muskeg question, &i the follow- ing extracts indicate : — 6 " The onginceriniT of thi:^ period is marked by an unfDrtunate omission, for which we tind no excuse," — p. 7;"). " Enoutifh lias boon said lo ni;iko it manil'ost that the country has hud but poor compensation tor tho mono}' spunt on exiavalion ihi'oiiijjh muskegs. This, however, would not show that tlie loss is tluo to an oversight in the engineering," — p, 7i). The Commission proceed to blame mo for not " loa-ning before locating and contracting for the construction of the road-bed, the nature of the material which was likely to be met with in the prosecution of the work. The serious omission to which we have hero called attention would not have occurred, had tho Chief Engineer and his subordinates acted on the elementar}' principles of railway engineering." — p. 81. The Commission appear to have made some researches in engineering literature in support of their accusation and they base their criticisms on the views expressed in a text book written by a professor in a college in Scotland. They quote Professor Rankin and lay groat stress upon tho necessity of " Trial pits and boi'ings," " in order to ascertain tho strata of tho ground, borings are the less costly in lime, laboi' and dnniago to ground, &c." (Professor Rankin, page 81.) Do tho Commission mean that in equipping the various surveying parties with stores of food a,nd clothing, with shelter, with aso men and axes to force a passage through the forest and wiih j)ackmen to carry supplies for all, that I should still further have increased the impedimenta? In all seriousness do they moan that I should have fidded boring implements and gangs of mon to work thorn, with tho additional food and shelter whii.'h these extra men would neetl ? Suppose 1 had so acted, would not the Commission have had some grounds for censuring mo for absurdly wasting ]>nlili<.' money. It is one tliiii;;; to cilo a sentence from a college text-book, to sustain a far fetched argument ; il is another to know what is reasonably expedient, and to carry into execution what is I'oally practicable. The Commission, silling in their room in Ottawa, must have been reminded of matters which attmcted attention twenty years ago, and in which one of its members filled a prominent place. 1 refer to the enormous amount sunk in tho foundations for the Parliament I'nildings, by which tho estimate and appropriation were so largely increased. On that ovcasioii the principal officer of the Department of Public Works was censured for not having an examination made of the ground where tho buildings v.'ei". to be placed. The principal officer referred to is now one of my accusers, and he mu.^t know perfectly' well that tho cases are totally ditl'orent. Tho examination of the ground lor a massive building is an eveiy day occuri'ence ; that of tho site at Ottawa might have been accomplished at any time in less than a fortnight. In tho other case, sncli examinations are not common ; they are not as a rule doomed necessary in this country, and in all pi'obability had they been ordered it would have been necessary to delay construction for another year. Tho Commission in one sentence ])ass censure because the surveying parties were unnecessaiily expensive; in another they blame mo for not making them more expensive still by adding more men, by dragging through forest and swamp, across rivers and lakes, the tools and machinery to make borings. In a country like Englajul, with gootl roads and good inns everywhere, and where land damages aro an imjwrtant facior, the practice may without difficulty be observed, but it certainly is not common in America. At quite a different stage of the work, viz. : as construction advances, boring is sometimes resorted to. i);ii tho process is t^lovv and tedioiis. A whole summer was spent in making tlu^ liorings at one river crossing on the Intercolonial Railway. I have yet to le:!i n that the ]n'actice, which tho Commission condemn mo for not observing, is observed any whore. I ask, is there at this moment any gang of men, with boring im])lemeiits, " ascertaining tho strata of tho ground " on any of the now lines uiider survey in Ontario or Quebec ? I state, advisedly, that notwithstanding all the experience of tho past there is not a single boring instrument in use to-day in the manner and for tho purpose referred to by tho Commission on any one of tho surveys now being made by the Canadian Pacifi: Railway Company at any point between the Atlantic and tho Pacific. IS The first sections were hurriodly, poasiblj' too lui'Tiodly, pliicod under cotiM-.u-t, but it will be remembered there was a great deal of i)rossuro from mombei-s nf Par- liament to have a commencement made. Outside of Parliamont the press uiul the public clamored for the prosecution ot the work. It became a political necessity that the work should be started, and however anxious I was to have the fullest information before commencing constru'-tion, it was imperative that the wishes of the Government should bo mot. Accordingly, I did what I could with this view and accepted all the information furnis-hod by my assistants as the data for letting contracts. At pages 78 and 71) the Commission describe a difliculty which presented itself some time after the contracts wore lot. It was discovered that a peculiar mutorial, known as muskeg, was used, and to some extent its use was unavoidable in forming embankments; but there was no spec i tic provision in the contracts for onijjloying muskeg in work and paying for it as such. The oxistonee of mu-ikog :uul the neccssit}' for using this material in such largo quantities in tiie formation of the railway, was not anticipated when the contracts were entered into. In my evidence, (piostions l!»,49S to ID.St:!), and (luostions 21,0 iT) to 22,029 Appendix No. 10, 1 have fully explained my views on the muskeg (luestion. It will bo perfectly phiin to the reader of the evidence, that I am in no w;iy res|M)n->ih!o f >:■ the diflSculty wliich has arisen, or for any payment to tho contractors on account <4' tho use of this material. Tho dilHc'.iIty arose during mv absence from (yanadu. I know nothing of it until my return, and wlien the m itter was brought under my notico, 1 at once institutCvi an enquiry and directed tliat co'liticatos s!i iiild bo 6top))e(l, and. as a matter of t'act, no fart her rortilicatos for muski'g wore issao 1 ap to the day I ceased to bo connected with the works. I ])oint (^at in my evidence, the cour.-ic 1 would have followed, had I boon acting as Chief I'lngiaeor, and at pages 1(!.H to KJ.'iS, I describe the action I did tako vvheti I returned to Canada in the fall of lt<7'"^, and resumed my duties. A peiusal (if the evidence referred to will clearly establish that no 'ihuno is duo to rae, and that tlie censures of tho Commission are entirely misilirectcd. ClIAUdE No. 3. ( Bruhjinj Red River.) In tho p). JJefoi-e advising the Government on this (juestion, [ had mad>! myseiraeqa.iintod with the (at'ts of tho case. My reasons are given at length in my I'epoit, pagi's 2(!4 to 2(i.'>, and ii(>tbing has come to my knowledge since to lead mo lo change them. Tho Commission do not endorse my o])inion ; they stigmatize the choice of Solkiik as an unfortunate one. Current events are throwing some light on the -iihject since iho Conirnissionors' Itopoi't was isMied, two bridges across the lied Iliver have been ^wept away: one at VVinni|ieg, another at Kmerson. The full force (^ftho reasons I gave in favor of S.-dkirk, as a criKssing point, may not bo ajipreciated this 3'oar, but they will bo umlerstood in duo time. I do not Jr'ield my opinion to that of tho Commission. I venture to say that tho public will uive no difficulty in judging between us at no distant future. ClIAUOE No. 4. (Gardner Inld Survey.) Tho CommissioncrH, in their Eopoit, have accused rao of directing an instrumental survey lo bo made from Gardner Inlet to Lake Frangois, a distance of twenty-two miles, without any object. I 8 They say, page 87: — " "We think it ought to have been evident, before tho^ expedition was started, that no result could be reached beyond showing that a railway on that lino was not feasible, and that the consequence would be as it was, no better than u waste of time and money.'' It might have been thought that before passing judgment, the Commission would havo requested mo to furnish some explanation on this point. Is it in accordance with the first principles of justice to condemn even a criminal without being beard in his own defence ? The meanest subject has a right to claim a hearing, and surely a Eoyal (/ommission should have taken moans to ascertain the facts before publishing to the world censures on the conduct of an officer in the position which 1 had occupied. I might, us far as this particular charge is concerned, rest my defence on the fact that I was condemned unheard ; but it may be thought desirable that I should briefly submit the explanations which I would havo given the Commission had they favored me wi'h an opportunity of doing so. It was found at an early stage of the survey that a line available' for a railway could be had through British Columbia to Burrard Inlet. This line was not attain- able, however, without encountering obstacles of a formidable character requiring an enormous outlay. Such being the case, the Government did not feel justified in adopting that route until every effort had been made to secure a line which could be established to the Pacific sea-board at less cost. Year by year those eflforts were continued, but without marked success. Line after line was examined across the Cascades to Howe Sound, to Bute Inlet, to Dean Inlet, and then to Gardner Inlet, and still later to PortEssington and Port Simpson. From Gardner Inlet eastwai-d for a breadth of over 200 miles, the map was a blank — nothing was known. In 18*7-4, explorations were commenced and an impression was formed that a favorable lino could be had to Gardner Inlet, except for a short distance on the extreme western end. Further explorations disclosed the fact that a favorable line with light gradients could be secured the whole way from Lake Superior to a point within 22 miles of Kemano Bay on Gardner Inlet. At this ?oint the elevation of the ground was less than 3,000 feet above the level of tidewater, he difficulties being limited to a short section of 2J miles, it seemed to me possible that they might be surmounted by such works as are introduced to overcome similar natural ob-t-icles elsewhere. I may instance the works on the Bhore Ghat, on the railway bu ween Bombay and Madras, and the ThuU Ghat between Bombay and Allahabad. I explained my views to the Minister of the Department; I showed him plans and profiles in my possession of the works in India referred to, which had for years been in successful operation. As the suggestion promised a possible saving of many millions of dollars, an instrumental examination was deemed expedient, and the survey which the CommiGsion have so strongly condemned was authorized and directed to be carried out. It is obvious that the circumstances justified the survey, and that it was undertaken with tho knowledge and concurrence of the Minister, to whom 1 was rosponsible. Tho survey was eleaily directed in tho public interests, as any impartial man muf^t admit. Those explanations 1 would willingly havo given to the Commission, but they did not a'>k mo a single question on tho subject; they preferred resting tho accusations set forth in their Eeport, on tho testimony of a witness, who had throateuod to levy blackmiiil, and they had eviJencoin their possession that ho had so acted for months before t!)eir TJeport was issued. Moreover, they sup|)iessed evidence which, in tho eyes of all honest men, would havo weakened tho testimony upon which they founded their condemnation of my act. 1 refer to Document B, appended. Charge No. 5. (Steel Rails). Tho Commission, at page 177 of their Report, state as follows : — " That a large portion of tho 50,000 tons, now under consideration, was purchased without any 9 efore the railway- no better Ion would cordance ng heard 1 surely a inhingto occupied, the fact i briefly y^ favored El railway ot attain- requiring istitied in could be 3rt8 were tcross the !nlet, and \.p was a and an )xcept for iloseu the way from At this .idewater. ) poi^sible le similar at, on the nbay and I showed (^hich had >le saving lient, and rized and it it was om I was impartial but they cusations id to levy r months the eyes dod their it a large tout any -defined view as to the times at which they would be wanted. * * * That the .said purchase was urgently recommended by Ml". Fleming. * * * That if the founda- tion for y ■. Fleming's recommendation had been enquired into, he could not have shown any, .sufficient to induce an ordinary business man to purchase on speculation at that time, steel rails at the price paid for them." I have never attempted to conceal that I recommended the purchase of the rails, but I do not admit that I had no foundation for my recommendation ; and the Com- mission had proof in their possession that I had a perfectly defined view as to the purpo.*e for which the rails wore to be employed as well as the probable dates at which they would be wanted. At page G3 of their Report, will be found a memoran- dum in reference to the construction of the Pacific llailway, to which I may refer. (See Appendix No, 8, Document G.) It is dated Sept. 29ih, 1874, the same dale as the fii'st advertisement for tenders for steel rails, given at page 160. In this memorandum, which I prepai'ed for the iuformat'on and guidance of the Minister before the rails were purchased, it will be found that I recommended, among other things, that the Government, through the Department of Public Works, should proceed during the two following years with as much energy aa possible to ■construct the following works: — 1. Bailway from the Biver Kaministiquia to Lake Sheban- dowan, say 50 miles. 2. Kail way from Eat Portage to Bed Biver, say 112 " 3. Portages between Lake Shebandowan and Bat Portage, say 7 " 4. Bailway from Bed Biver to Lake Manitoba, say 130 " 5. Portage Bailways on Biver Saskatchewan, say 6 " 6. Pembina Branch, say 86 " 7. Bailway in British Columbia, say 100 " Allowance for sidings, branches, &c., on above, say 20 " Total 610 " Showing indisputably that in my mind there were, at that early period, perfectly well defined views with respect to the desii'ability of securing all the rails shortly afterwards purchased. My share in the purchase of the steel rails may be thus described. I had, in the per- formance of my duty, and at the request of the then Premier, prepared a scheme of works which in my judgment should first be undertaken. That scheme showed that rails, foi- about 500 miles, should be secured. The price of rails was lower than it had been for some years, and I considered it in the public interest that the rails should he purchased. With regard to the price of rails at the time of the purchase, it (dimply is disingenuous on the part of the Commission to present a diagram, at page 170, as the one put in evidence by me to illustrate the fluctuations in price previous to 1874. The din^'rani which they suppressed and which I now append (Document A), should have been pulilishcd. Circuni- lances over which I had no control, prevented the rails being used so soon as conlcm plated in September, 1874, and the price in after years went down ; but whatevei- tlio Commission may now say, the universal opinion at the time was in favor ol' iht^ purchase. There were no contemporary criticisms against it. Conclusion. Having completely disproved these definite charges, I may rest without taxing your patience with a refutr.tion of the minor and less direct accusations; nor need I allude at any great length to the various insinuations and to the distortion of the mean- ing of the evidence. I may, however, give one instance, out of many, as an illustration. First, it will be necessary to allude to the manner in which evidence was taken. In 10 order that I might refresh my memory by reference to documents, I asked the Commif*3ion to furnish me with a lint of the questions they wore goin<^ to put to me, as T appeared before thom day by day ; no such list was furnished, and searching and difficult questions were often sprung upon me, with the view evidently of confusing and bringing out hasty replies, which could bo twisted to a meaning other than that intended. On one occasion I stated, in reply to a question, that " it was necessary to ascer- tain whether a line from end to end of the country was practicable or not, betoro a blow was struck." The meaning of this expression was plainly that, in the extremely diflScult sections alluded to in previous replies, there should be no doubt of the feasibil- ity of the whole line. The Commission, at page 50 of their Report, give a non-natural meaning to this statement. They coin for me an opinion by turning the expression I used to a meaning quite diflferent from that intended. They say they understood me to mean " that a continuous lino should bo accurately descrii^ed from instrumental data before a decision could be arrived at on the vital question— could a railway be built." Had they any doubt as to my meaning they should have placed it boyond doubt by asking another question. I might proceed ad infinitum to point out the unfairness of the course taken throughout by the Commission and the an^mys which pervades their Report; but it is not possible, within the limits of a letter, to enter into the innumerable criticisms of an unfavorable character which are met in the 500 pages they have publishcl. The Commission seem to have had one view constantly before thcin. They must ferret out some wrong — some dishonest proceedini^ ; and if they cannot do more they must at least defame. In harmony with this view, they sat day after day hearing the most abusive statements from a witness avowedly hostile; they encouraged him to con- tinue his vituperation while they knew that the hostility of the witness was due to unworthy motives. They, moreover, have founded grave accusations on the testimony of this witness, while they conceal from Parliament and the public fact's in their poi^sessioii which would have shown his evidence to be valueless. Ibe Commissioners have t^pent twoj'cars in inveNtigatingthe early proceedings of the Pacific Railway, but they have not been able to discover one single act of mine during the whole nine years I filled the office of Engiiieer-inChief which they can commend. They do not pretend there has been fraud ; they lind no trace of dis- honesty, but ihay certainly do not hesitate to oast bhime in cveiy page. Notliing was propeily done, according to their finding, not even by chance or accident. Is it not therefore clear that they have been strongly binssed and unfair ? Is it not perfectly evident that my condemnation was a foregone conclusion ? While I protest indignantly against the course they have followed, and their verdict as being unjust, I am willing to stand or fall by the decision of impartial men. Till C< mmissioncrs condemn the Kngineer-inChiei', but in doing so they simply condcTt 11 I ho Government wliosc servant he was. They condemn three Administra- tions ulio.-e wishes lie consulteil.and whoso insi ructions ho carried out. They pay no regard to the state of things which existed ten yttn- jigo, nor to the political circum- Btances uhich dictated operations at that period ;iiiii every subsequent year. It is obvious, from the few facts which 1 .'•ubmit, that the three gentlovnen appointed on the 16th June, 1880, have not ])roperl3', and with becoming dignity, jerformed the duties of a Royal Coniniission. I liave the honor to be, Sir, Vour obedient seivant, SANDFOIiD FLEMING. 11 APPENDICES. No. 1. — Memorandam addressed to the Minister of Railways and Canals by tho Engineer-in-Chief, 26th March, 1880. Document A, suppressed by the Commissioners. Document B, do do do do do do do do do do do do do do do Document G, furnished the Commissioners, 14th January, 18S2. Extracts from the General Beport of the Minister of Public Works, for tho fiscal year ending LOth June, 1873. — The Muskeg Question. — Extracts from the evidence given on tho examination of Mr. Sandford Fleming, 19th April and Tth May, 1881. — Documents relating to the retirement of Mr. Sandford Fleming from the office of Engineer-in-Chief. No. 2.- No. 3.- No. 4.- No. 5.- No. 6'.. No. 7.- No. 8.- No. 9.- No. 10. No. 1 1. -Document C, -Document D, -Document B, -Document F, APPENDIX No. 1. wimply MEMORANDUM ADDRESSED TO THE HONORABLE THE MINISTER OF RAILWAYS AND cXnALS by the engineer-in chief of the canadian pacific railway. Canadian Pacific Eailway, Office of the Engineer-in-Cuiek, Ottawa, 26th March, 18S0. (^Memorandum.') On tho 3rd March, grave charges were made in tho House of Commons, against the writer, as Chief p]ngincer of the Canadian Pacific Eailway, which have nince been published throughout the Dominion. These charges seriously affect his personal character and his protossional reputation. A member of the House of Commons has certainly the right to investigate the conduct of any public servant, if he deems it proper to do so. Equally the party assailed, if wrongly accused, may claim to be heard in his justification. An Engineer is an executive officer of the Government, to whom the public interest is confided according to his rank and status. No charge can be more painful than that he has neglected his duties, or that he has failed honestly, and with ability, to consult the interests he has undertaken to protect. It is obvious that, if called upon to vindicate his character from what ho holds to be an unjust accusation, the only course open to an Engineer, in tho employ of the Governniont, so long as he holds his position, is to address his remonstrance to the Minist(;r at the head of the Department. lie cannot with propriety avail himself of tho colurans of the newspapers or of a maga/.ino, neither can ho publish n pamphlet in his vindication. To tho mind of tho writer il. is still more objectionable to have recourse to a borrowed pen, and to get published anonymously what he holds inexpedient to state above his signature. The writer, therefore, respectfully asks leave to address the Minister on tho sub- ject of the charges made against him in Parliament. They may be formulated : — That tho writer has recommended an ill-judged and unwarranted site for the bridge-crossing of Eed River; that he was long absdit in England from his duties, during which time the railway work was unconsidei od, ar-d his respoBsibilities neglected ; that the original estimates given for the work under contract have been greatly exceeded ; that he has caused needless expenditure at Cross Lake on an improper location, and that he has permitted large sums of money to be carelessly wasted. 18 Tho writer has submittod, at lon/^th, the reasons which have led him to recom- mend the locution of the Rod River Bridge. They are net forth iu his Report lo the Government, of 8th December, 1879, to be laid before Parliament. Subsequent enquiry having confirmed tho facts he cannot change or modify his opinions. He rcspeotfully submits that, if the question be examined, and the facts and the circum- stanc'os be fully weighed, it will bo found that his view of the case will be sustained and his recommendation justified. It is known that the location recommended by him is not looked upon with favour in quarters and localities adversely interested; but his own convictions remain unchanged, and he holds it incumbent on him, in tho geneial interest of the public, to adhere to the selection he has submitted, and to ask that tho considerations which dictated it be fully examined. On this point of the censure directed against him, he begs leave respectfully to refer to his report to the Government, and to ask for it impartial consideration. He turns to the other issues which have been raised; The charge is unusually grave, that of having neglected his duty and allowed large sums of money to be squandered. An engineer is in no way responsible for the policy adopted by the Government in making contracts ; but once a contract is entered into and placed ia his hands, he is responsible to tho Government, through the Minister of tho Depart- ment, that it be honestly fulfilled. It is hia duty to carry out and enforce its con- ditions, to see that the work is properly performed and full value given for tho money paid. It is equally his duty to do justice to the contractor as to the public ; indeed, to act as a judge between parties whose views of right are not always identical. It is, moreovei', his duty to submit to the Minister any changes, in construction or otherwise, he may hold to be desirable, and, on obtaining the Minister's authority, to asvo them carried out. Between 1863 and 1871, the writer was Chief Engineer of the Intercolonial Railway. From 1871 to 1876, he filled the position of Engineer-in-Chief of both the Intercolonial and Canadian Pacific Railways. In the latter year the Intercolonial was opened for traffic, and the writer ceased to act as Chief Engineer. At this date most of the difficulties connected with the Canadian Pacific location had been solved. Two sections, easy of construotioo, had been placed under contract; No. 13, the first section west of Fort William, Lake Superior, 33 miles ; No. 14, the first section east of Selkirk, Red River, 77 miles. The writer's health had been much affected by his labors; his medical advisers counselled rest. He himself felt that abstinence from work was indispensable. Ho applied, accordingly, for twelve months' leave of absence. So much a matter of necessity did this rest appear to himself, that he had determined, should the leave of absence not be granted, to resign his position, a fact perfectly capabb oi' being established. Before leaving, it was arranged that the Senior Assistant, on the Pacific Railway Staff, in the writer's absence, should assume his duties. Full confidence was felt in the ability, experience and reliability of that officer, and, on the writer's recommen- dation, the then Minister of the Department consented to tho arrangement. That gentleman was placed in charge, and he entered on his duties with the title of Acting Chief Engineer. The writer left for England. At that time Sections 13 and 14 only were under construction. The work then performed was valued at — Section No. 15 8127,353 do 14 102,140 Section No. 25 had been placed under contract as the writer was leaving, but no work had been executed. Six months afterwards the contract was signed for 'Section No. 15. During his absence the writer was relieved from active direction of work, superintendence of details, and all the incidental duties appertaining to his office. Matters, however, connected with the railway were frequently brought to his notice, and formed the subject of correspondence. 13 ti) recom- sport to the Subsequent iiiions. He the circum- sustained mended by interested; him, in the and to ask loctfully to •ation. 8 unusually lonoy to M ited by the id placed ia the Depart- >rce its con- the money lie ; indeed, entical. It truction or s authority, [itcrcolonial of both the itercolonial i.t this date 1 had been ct; No. 13, 14, the first sal advisers iable . He matter of .he leave of of being fie ilailway was felt in recommen- ent. That 3 of Acting were under )3 10 ing, but no signed for of work, ) his office. his notice, Twice he was recalled by the Government. His leave was thus temporarily sot aside, and in consequence renewed and extended. Before six months had passed he was peremptorily summoned by the Minister to Ottawa. Leaving England in December, 1876, he remained in Canada until May following. In this period, indepen- dently of the other duties which engaged most of his time, the writer completed the voluminous Report of 1877, which he had commenced in England. The leave of the writer was renewed, and ho again left for England. Ho was again recalled, and so urgent was the summons that he started on a few days' notice. The consequence was that ho was forced to neglect important private affairs, the arrangement of which necessitated his return to England. Jn October, 1878, ho returned to Canada and resumed his duties. The Acting Chief Engineer had, from July, 1876, held the position of principal executive officer of the Government to supervise the works under contract, to give directions to the engineering staff, to control the expenditure, and to issue proper certificates for work performed by the contractors. From July, 1876, to October, 1878, no charge was taken by the writer of details of work under construction, beyond replying to the points submitted to him and rcceivitiij; the reports forwarded from time to time. Tho latter in no way presaged tho diiticulties which now attract public attention. On tho return of the writer to his duties in the autumn of 1878, his attention was directed to tho difference between the original quantities and the work returned as executed on Sections Nos. 14, 15 and 25. Whatever the cause, it was plain that the original quantities had been greatly increased. No report of any such contingency had boon made to him. The fact fell upon him as startling, from being unexpected, as it was alarming and unaccountalilc. lie had never su])posed that a result of this character was possible. Had ho boon in tho country his duty would have led him to take means to Uoep down the expen- diture, to amend tho line whore change was advantageous and possible, and if through any cause the quantities of work executed showed a tendency to over-run the esti- mate, his attention would have been at once directed to the subject, as progress sections and tho monthly returns convoj'ed the unwelcome information. No time would have boon lost in endeavoring to ascertain the cau>o of tho difficulty, and stops would have been taken to rectify it. Tho original bills of quantities were made up without tho exact data necespary for forming estimates with accuracy. They wore prepared, from tho best informa- tion, by engineers who had charge of each particular survey. As there was great pressure to have the work placed under conti'act, and detiiiito quantities were indis- pensable, tho results were, to a certain extent, assumed. Much of the line passes through muskegs and marshes. Tho surveys were mostly made in winter when the ground was frozen. This circumstance doubtless, in some cases, deceived tho surveyors as to its character, and led them to mistake marsh and muskeg for firm earth. One thing is certain, tho (quantities published before tenders were invited made no claim to 'Exactness. Thc'iv prima facie character establishes this fact beyond dispute. The amounts are almost invariably in round figures, such as 100,000 lineal feet or 1,000,000 cubic yards. At tho same time, although estimated, or rather assumed, specially to admit of a comparison of tenders by having the dilVerent prices applied to them and the total amounts thus worked out, it was also supposed that if not appioximatoly correc*, they would at least not bo greatly at variance with tho actual rcsulls. It was, therefore, incomjtrchensible tu the writer that llio actual quantities should in nearly every case bo so much greater than thn.-e originally asHumt'd and printed. Making every allowance for imperfect data, misleading those who had made up tho bills of quantities, for tho frozen marshes having been considered to bo solid ground and for other contingencies, in tho writer's mind there was no satisfactoiy explana- tion for the extraordinary differences. When the discrepancy came under tho writer's notice, ho at once gave it his sei'ious attention, and tho difficulty with all tho cii'cumstances connected with it was frequently and earnestly discussed with the Minister. 14 It was not possible for tlio writer to accept the returns of the work oxeciilod and the certificates which had I)oeu issued. Accordingly he declined to ^rant any certificates whatever, for what hud been done diM'in<5 his absence, until the quantilici wore pro- perly accounted for and irrcfiu^ably established as correct. He caused uii investiga- tion to be made into each case separately. Ho sent for those who had been engaged in the work to learn the course taken in carrying on operations, and the principle adopted in making measurements, and lully to satisfy himself as to the accuracy with which the quantities had been computed ; but he failed to obtain any satisfactory information with regard to the excess of quantities. A remcasurement of the work on each section was, therefore, j'ocoratnended by him ; a course approved by the Minister. The value of the work certilied as having been executed when the writer took the matter up, was as follows : — On Section 1.'?— Gross amount certified ()nfiden e in tlio returns submitted. These are the only certificates for wliich tho writer i> in any way responsible up to the time he resumed his duties. According tx> the certificates which he finds in the office, work to the value of Si',5;-]9,181 has been execute I in the interval, on the four sections in question. In iie case of Section 13, the writer was not called upon to take any action, as the woi c had been completed, the contract closed, and the money paid before ho return* I to Canada. A . e-measurement of Sections 14 and 2.'> has been made, but it does not verify und 61! )stantiate the previous returns. ' In consequence, the writer has been uiu.blo to ^•onfinii tho certificates issued during his absence for work reported as executed. Section 15, and the circumstances connected with it, have formed the subject of 11 sp cial report. Tho facts have been laid before the Minister. Errors in tho system. of measurement and classification of work have been rectified. Explicit rules have Ibecn laid down for future guidance. A verification survey to check measurements has been commenced. The whole contract has been placed on a new basis under an Order in Council, dated 20th May, 1879, under which the work has since been carried on and payments made. No certificates have been issued by tho writer since his return, except in accordance with its provisions. These four sections only had been under construction when the writer re-assumed his duties as I'Jnglneer-in-Chief ; since then, seven additional sections, some of them very heavj', have been placed under contract. He has taken every means to prevent a repetition of similar diflficultics. The precautions adopted may, in part, be under- Btood by reference to tho letters of instructions to the Eesident Engineers, one ot ■which is appended . Fi-om October, 1878, the whole time of tho writer, and his best efforts, have been given to tho discharge of his duty. From that date every point of detail, more or less, lias como under his personal cognizance, and for the results ho holds himself answci-able. This remark cannot, with justice, bo applied to the period when he was on leave of absence, and ho should not be identified with operations, over which he exercised no supervision, carried on during the timo when, with the approval of the Govern- ment, he was absent from tho Dominion. The question has been raised that the writer caused needless expenditure by an ill-judged location of the lino on Section 15, in the neighborhood of Cross Lake. There are points between the terminus on Lake Superior and tho Prairie Eegion ■which govern the whole location. Tho geographical position of the Lake of the "Woo^ be on lem exec whol with met f- I 15 oxocutt'd and ly certilicatos ie* wore pro- iiii iiivorttiga- boeti CI Imaged tlio principle cc'uracy with \' sau.-.laflory inincndod by writer look 5 00 I 00 > 57 ) 00 s called upon cen pi'cpured iJid the fidlest or wliich tho . j\ccoiding 1,181 has) been iti}' action, as lid before ho 58 not verify een uiu.blo to xocuLcd. he subject of n the system I I'ules have oasurements is under an Decn carried er since his re-assumed me of them s to iirovent t, be under- loers, one ot 8, have been ail, more or Ads himself r'as on leave 10 exercised the Govern- iture by an Lake. lirio Eogion jake of tho "Woods on tho International Boundary, defines Keewatin, at tho outlet of the lake, to be one of these points. Selkirk, in tho writer's view, is clearly another. Tho prob- lem was to connect these points by the shortest, best and cheapest route. With tho exception of a limited area of piairio or thinly-wooded country near Selkirk, tho whole distance is forest. A ^leat extent of tho surface is rocky, broken an 1 luj^god, with many lon^, narrow lakes, some of which it is impossible to avoid. Cioss Lake, met some thirl^'-six miles west of Keewatin, is of this class. Tho country here, and I'ov a l()n^' distance, is exceetlir)^ly rough, and when tho surveys commenced it was a wilderness, well nigh impenetrable. It was necessary, however, to tin ' a railway line throui^h it, not simply a lino over which trains could bo taken, whatever the cost of working them, but a railway which could bo operated cheaply and which would a.lniit of the conveyance of farm produce to the eastern raarkeis at tho lowest rates, a result oidy to bo attained by limiting the gradients. This view has governed tho writer from theearliost inception of tho undertaking. In his published report of January, 1874, ho sot forth tho paramount imi)ortanco of finding a location with tfio easiest possible gradients running easterly, lie directed attention to it again in his report ot 1877, and again in 1879. Extracts from these reports are appended. This principle has been constantly kept in prominence, and its importance has bo'.n generallj* admitted. It has been frequently brought forward during the last six years. Tho writer does not know any instance of a public man having protested against it, or of any newspaper having taken exce])tion to it Although t. great extent of the countr}- between Lake Superior and tho Rod River is very rugged, tho general level over lung distances is not diversified. There are no great elevations or de|uessions to control the location and enforce the intro- duction of heavy gradients. Cr<)ss Luke is ])robably the < nly place on the wli. le flO miles where any s-aving worthy of consideration could have been effected by a departure from the principle of light gradients, which it was found ijossible to apply generally. In tho neighborhood of Cross Lake a number of lines were surveyed. Ultimately tho choice was narrowed to two linos, connecting common points, east and west of Cross Lake, about six miles apart. Xo. 1 crossed the lake at a high level and gave tho desired easy gradients, none of which exceeded a rise ol 2t! feet per mile, and tho longest being for about one mile. No. 2 crossed t!io lake at another place on a lower level, but it involved a continuous ascent of 2^ miles, on sharp curves, with a rise of 11 feet per mile. The lake at the crossing of No. 1 is (iOi) feet wide ; at that of No. 2 fully 900 feet; for five miles east of the lake the work is heavier on No 2 than on No. 1, while at ihe lake, and for one mile west of it, tho work is considerably tho heaviest on No. 1. Although No. 2 would, upon the whole, cost less in tho lirst place, No. 1 would undoubtedly, in tho on 1, prove by far the most economical. After full consideration. Lino No. 1 was selected, and it is on this line the construction is now being carried on. The writer respectfully submits, that the line which conforms with the policy of successive Ministers, and with the prevailing faith of the ])ublic mind, that on the railway between Manitoba and Lake Superior all gradients ascending eastward should be kept within tho established limit, was tho otdy one for selection. It was according to this ])rinciplothat tho location wasfii'st made, and tho writer respecttully submits that there is no act of his connection with tho CanaJian Pacific Railway which should claim higher appreciation than his advocac3' of tho princijile, and his con-tant efforts from first to last to secui-e to tho country a line with tho lightest jMjssililc gradients between Roil River and Lake Superior. It was six months after ho loft for England that the contract for Section 15 was signed. As a matter of course, before tho heavy work at Cross Lake was commenced nothing should have bf^en left undone to reduce its magnHudo by revising and perfect- ing tho location, and by every possible means. When the writer resumed his duties the work was in progress, and it was too lato to make any change at this point, even if a change at an earlier stage had been desirable or possible. 16 Tho writer believes that ho has established that the censures which have been directed ni,'ainst him arc not warranted by tho facts, and ho respectfully submits: — 1. That ho has not unwisely advised tho Governmont with respect to the bridg- ing of Kod River. 2. That he has not absonted himself from his duties without authority and with- out caus". 3. That ho has not neglected his responsibilities, or Bubjcctcd to injury the interests entnistod to him. 4. That he is in no way to blamo for tho original quantities being exceeded and the cost of tho work increased on the sections in question. 5. That ho has not caused needless expenditure at Cross Lake on an improper location. 6. That he has not allowed public money to be carelossly wasted; but that by every means in his power, he has endeavored to control the expenditure on the work, and that he has earnestly endeav'ored in all respects faithfully to discharge tho duties of his position. The writer trusts that the urgency of tho circumstances which have called for this memorandum, will bo held by the Minister ot Railways and Canals sufficient justification for submitting in this form the facts which it sets forth. SANDFOED FLEMING, Engineer-in-Chief. EXTBACTS FROM THE REPORTS OF THE ENGINEER-IN CHIEF IN REFERENCE TO THE ADOPTION OF LIlillT GRADIENTS IN CONNECTION WITH THE QUESTION OF CHEAP TRANSPORTATION FROM THE PRAIRIE REGION OF LAICE SUPERIOR. From the Report of January, 1874. " One of the questions which will undoubtedly fi)rce itself on public atteiition when the Prairie Region begins to raise a surplus for exportation, will be the cheap transportation of products to the oast. Lookinj;- lo this view of the question, the importance of a location which will secure the lightest gradients in an easterly direc- tion is man.fost, "The gradients and alignments of a railway have much to do with its capacity for business, and tho cost of working it. It is woil known that by attention to those features, in locating a lino, it is quite possible, in some cases, to double tho trans- porting capacity of a railway, and very largely reduce the cost of conveying freight over it. " That portion of the Canadian Pacific Railway between Red River and tho navigable waters of Lake Superior, is precisely one of those cases where the utmost attention should bo paid to its engineering features. The reduction of the cost of transportation on this seclion to the lowest figure is a question which affects tho future of the country, as upon it, to a large extent, depends the settlement of tho western prairies. " The more this portion of the railway can bo made to convoy cheaply the pro- ducts of tho soil to the navigation of tho St. Lawrence, tho more will the field bo extended within which forming operations can be carried on with profit; on the fertile plains. "Tho information obtained suggests that it will ba possible to secure rafiximum easterly ut-cunding gradients between Manitoba and Lake Superior, within the limit of 20 leet to the mile, a maximum not half so great as that which obtains on tho majority of the railways on tho continent. " I think the line should be located so as to have the best possible alignment, with no heavier gradients than the maximum referred to. But the importance of eeeuring the benefits of an unbroken steam communication at the earliest moment ai'e so great that I consider that it would be advisable, in the first instance, to con- 19 h havo been y Hubmits: — to the bridg- ity and with- injury the exceeded and in improper but that by on the work, ge the duties ve called for lals sufficient ■Chief. ;nce to the )n of cheap lie attoJition be the cheap juestion, the asterly direc- » its capacity tioti to these e the trans- aying freight iver and the the utmost )f the cost of 1 affects the ement of the aply the pro- the field bo Dn the fertile ro rafiximum liin iht-i limit btaitis on the lo nlic^nment, mjKiitance of liest mnment tance, to con- struct the cheapest possible line. While u'lhorin^ t'» the ifM-manont location in the main, I would, with a view of accompli-.liing the dosiio 1 ohjoct, rocoiurnond the construction of a cheap temporary line, avoiding for the pre-orior to carry cheaply the ])roduct8 of the soil. The success of the railway itself must be determined by the number of inhabitants which can be established in the country, and the degree of piosjierity of the population will be influenced in no nan'ow limit by the character of the outlet for the products of their industry. Tlic more, tlierefore, that the eastern section of the railway can be rendered available for cheap transportatiu.., the more rapidly will the Prairie liegion become pojnilated and the more speedily will the line become self sustaining. " I have felt it my duly to regard those views as of paramount importance in the location of a line between the Prairie Ilegiou and Like Supei'ior. Accordingly, every etlbrt has been made to discover the shortest lino, with the lightest ])0ssible gradients and easie.>t curvature, especially in the direction which heavy tratiic will take, towards the Atlantic seaboard. " On the sections placed under contract from lied Ilivor to Jveewatin, 11-4 miles, and from English River to Fort William, llo miles, the maximum gradients are as follows : — Ascendimj Ea^t. Per 100. Per Mile. " On tangents and 1^° curves, equal to n,82() feel radius. O-.oO 2f)-40 feet. On li" do 2,8G5 do 0-45 2.^-76 do On 3^ do 1,910 do 0-40 2112 do On 4° do 1,433 do 0-35 18'48 do Ascending West. Per 100. Per Mile. " On tangents and 1^° curves, equal to 3,820 feet radius. 1-00 On 2° do 2,865 do 0-90 On 3° do 1,910 do 0-80 On 4*= do 1,433 do 0-70 52-80 feet. 47-52 do 42-24 do 3G-9(J do "On the remaining distance lo be placed under contract, between Kecwatin and English River, 183 miles, equally easy gradients have not been as yet, at every point, secured. At the few exceptional points, the location will however be revised, and I have confident expectations that all the gradients will be reduced to the samo standard, without materially increasing the cost of the works. " Thus, there will be no impediment to the Pacific Railway carrying products from the heart of the continent to Lake Superior, at a lower rate per mile than those now obtaining on the leading railways already in operation." (Pages 81, 82.) *(* •'j> 'j* »J^ 'J* »|s *j» " I have described the efforts that havo been made to obtain a line, with the easiest possible gradients, from the Prairie Region to the navigable waters of the St. Lawrence, and the paramount importance of this feature." 5jC *p "J* »(♦ »^ ?!% ^p 48 cc—2 I 18 "ChoapnosH of Iransjofljition is thus to a coUain extent assured — an important olomont in facilitating tlio proHporous »ottlcment of the fortilo territory in the interior." (Pages 85, te(i.) From the Ii>port of April, 1870. "I have always attachod ^re:it importance to the endeavor to socuio the boat location attainable foi- the i-ailwa}-. I have cisewhori! desf-ribed the ett'orts which have been made ivom the commencement of the survey to obtain a lino favorable _for cheap transportation . " * :,'; ^ s(« * s(< * "The whole of the railway- liotwecn Fort William and Selkirk, in length HO miles' is now under contract. It is with no little t-atisfaciion that I am enabled to point to a table of the gradients which have been definitely established in this length. Under the contracts which have been entered into, these favorable gradients are to be carried into execution without having recourse to the temporary expedients which I thought necessary to suggest live years ago. Summary of Gradients, Fort William to Selkirk. Ascending Easterly. Fett per Mile. No. of Miles. Rise -10 to -L'O per cent about 5 to 10 .38-52 do -20 to -30 do 10 to 1(] 1711 do -30 to -40 do IG to 21 42-97 do -40 to -50 do 21 to 2G-4 80-11 17-^-71 Level 108-06 108-06 Ascending Westerly. Feet per Mile, No. of Miles- Rise '10 to -20 per cent about 5 to 10 28-51 do -20 to -30 do 10 to 16 lOOl do -30 to -40 do Ki to 21 9-74 do -40 to -50 do i:i to 2G 12-83 do -50 10 -60 do 2G to 32 6-82 do -60 to -70 do Si to 37 10-65 do -70 to -80 do 37 to 42 12-76 do -SO to 100 do 42 to 52-8 31-01 123-23 Total miles 41000 410 00 " In delenniuing the gradients the rule has been laid down to equate them with the curvature, so that when sharp curves were called for by the physical features cf the country, the inclinations of the line would in those cases bo proportionately reduced. "The practical effect of a sharp curve on a maximum gradient is to make the gradient heavier by reducing the ctlective power of a locomotive making the ascent, thus preventing the passage of full loaded trains over the lino. The object has been, whatever the curvature, to secure a dcgico of inclination which in no case would exceed, on tangents, 2G-4 feet ])er mile asceniliiig eastcrl}', or in the direction of heavy traffic. The contract profiles of the line over the 410 miles from Fort William to Selkirk establishes that this object has been substantially secured. Only nt one point (eighteen miles out of Fort William) has the locating engineer neglected to enforce this rule. I greatly regret that such is the case, as it will involve an expen- diture to remedy the defect greater than would have becii called for in the first place, when the cost would have been comj.arativcly trifling. bet ab con lie; p<^)i pla 19 un important ■litoj-y in tho ocxuo tho best ottbrls which favorable for " With tlio oxcoption reftnTOii to correctoil, tho portion of tho Paeiriii Ilaihvay between Liilvo Superior und M:itiit<)l);i is thus Hnuily ostablishoil wilh oxtr'^inoly f'uvor- ablo (Mii^inoeriii;^ feutiins, ami it may bo claimod that when coinplctoil iincier oxistini^ contract^, it will bo avnilablo for convoying tho pronly .it one oglcetod to e an ex'pon- tirst place, MEM OUANDIT.M OP I.\.STRUCT10NS TO MR. W. T. .IEN.MN03, RESIORNT KNOINKKR IN CIIAaOB Oh' SKCTKjN 42, EXTENDINil KROM E.V(»LE RIVER TO THE EASTERN END OK SECTION 15, NEAR RAT I'ORTAllE (ICEEWATIN). Canadian Pacific Eailwat, Office op the Engineer in-Ciiief, Ottawa, 3rd June, 1879. Meinonindiim. The Hon. tho Minister has aj)pointod iMr. Jennings to tho charge of Contract No. 12, embracing all tho works of construction required to complete tho railway between Eaglo liivor and tho oastorn end of Section 15, near Rat Portugo. 1. A c()|»y of tho contract entered into with Messrs. Frasor, Manning & Co., ha.s been fuinished Mr. Jennings, lie has also boon supplied with copies of tho plans and proliles and all the documents relating to the work to bo executed. 2. Tho undersigned has verbally communicated to Mr. Jennings his views with regard to the work and tho manner it should bo carried out. Ho has exi)l:iinei to Mr, Jennings the points where changes may bo made, and has indicated (mi the profile some alierations that suggest themselves in tho grade lino. Those changes are suggested with tho view of reducing and expediting tho work, tho contractors being limited to time. 3. Mr. Jennings is desired at tho earliest possible period to direct his atfention to any possible change that may bo made In tho alignment whereby tho wo' ^ will be decreased without increasing tho curvature or gradients. The undersigned directs tho attention of Mr. Jennings to tho importance of, in no case, exceeding tho rates of gradients and curvature, as follows : — On tangents and \^° do 2° do do 3° 4° Ascending East. curves, gradients not to exceed -50 por 100. do do do -45 do do do do -40 do do do do -35 do Ascend'Tij Westerly. On taiyents and li'' curves, gralients not to exceed 1-00 por 100. do 2° do do do -90 do do 3° do do do -80 do do 4° do do do -70 do While insisting that in no case those gradients shall bo uxceedod, tho Chief Engineer directs tho earnest attention of Mr. Jennings to the very great importance of keejjing down tho cost of tho work, and ho trusts that wherever it be possible, without lowering tho character of the engineering features of the lino, Mr. Jennings will studiously avoid incurring any expenditure beyond that absolutely required. 4. Tho undersigned recognizes the peculiar difficulties which will be met by tho coulractora in this section j not the least serious being the inaccessibility of th© 48cc— 2^ 20 count i-y through which the lino is to be constructed, and ho foresees the great im- portance to tliem of having the rail track extended a,s far as possible easterly from iiul Poitago, the moment the rails are laid throughout Section 15. From 2 to 5 mi!(.'s east of liat Portage, the ])iotilo shows some of the heaviest woil: on the whole fici Men, alter which for several miles the work is compaiativoly light. Fortuuatel}' tho difficult portion could easily 1)0 got over by adojjting, temporar- ily, a steep grade, as indicated in the accompanying profile. Mr. Jennings is authorized to make this suggestion to the contractors, with the understanding that the under- signed will concur in its adoption, should tho contractors desire it in their own iiitercst. The lino must, thereafter, bo constiucted with the permanent gradient beldre the cO)n]>letion of the contract, and the contractors will be paid for all now oi' hereafter executed, which forms any part of the permanent work. The cost of temporary track-laying, and the small amount of excavation of jiarts A,B,C,D, etc., or any woik of a merely temporary character, not neces?ary in the permanent works, •will have to bo borno by themselves. 5. For the guidance of Mr. Jennings, it may bo mentioned that on some of the sections which have been under construction the contractors have found it convenient, with the modern explosives, to blast out ro-.-k-cuttings considerabl}' beyond tho slope lines, as defined on the specifications. The l^ngineer in-Chiof directs that only the excavation within the slope lines bo returned as rock. The material beyond the slope lines, if placed in embankments, may be returned and jiaid for as earlii ; but, if wasted, it must not bo returned as excavation under any class. (J. It may be further mentioned, for the information of Mr. Jennings, that on seme sections under construction, when muskegs prevail and the emb:inkmonts have been formed from side borrowing pits and ditches, serious ditlicullies have arisen. The material so borrowed is reported to be, in many cases, vegetable matter of a spongy nature, holding much water, and when dry and compressed by a sujierincum- bent weight, to have little solidity ; it is, coiisoquontly, unlit to bo used in the forma- tion of earth embankment. The uiid(M-signed accordingly disapproves of its use. T. There is always more or lessdifHculty in forming cmbatdcmonts across muskegs or marshes. In some ca-;es wheie a proper out-fall is available, so that ditches would have tho cflect of draining and consolidating tho ground, it is advisable to form them parallel to the line of railway. Eut when tho ditches, after being formed, would bimply remain full of stagnant water, their formation is of doubtful expediency, and under such circumstances, ditches are of little value. Indeed, in some special locali- ties, thoy may bo a positive injury, and in all such cases it is advisable not to form Ihem, but rather resort to a judicious use of logging and brushing provided for under the contract This being done, a thin covering of earth to form a foundation and bed for the ties may be added. Track may then be laid and thus allow material to bo brought from any convenient distance by train. Eut if this expedient be resorted to, it will be necessary to bed the track sufficiently even and solid to prevent tho rails from being bent or injured in any way. 8. These several points are brought to the attention of Mr. Jennings, but he will himself determine tho best course to bo pursued when he has specially examined each locality, and become acquainted with the depth of the muskeg, and all the circum- stances. In arriving at a decision, Mr. Jennings will take into consideration tho question of haul, for which a price is provided, and he will soo that in no case tho price of earth and haul together (when material is brought by train) shdl exceed the price of ballast, as in such cases ballast would probably bo tho best and cheapest material with which to form the embankment. 9. There may be some exceptional cases where it may not bo impossible for tho contractors to procure suitable material for tho road bed, and whore it would bo a very great advantage to them and expedite their operations, if thoy were ])ormittcd to use in part the spongy material found in muskegs. This shall only bo allowed sparingly, and in all cases when used, tho solid contents of tho spongy matter only is to be paid for. A log platform (clause 12) must invariably be laid on tho surface befol meal draif onh-l obtal embt the sandl 21 3 tho great im- ) OMHtorl}- from From 2 to 5 I on tlie whole :inif, tcm])orar- gH is aulhoi-izod liat tho undcr- . in their own imont gradient id for all now . Tho cost of A,B,C,D, etc., manent works, n so mo of the 1 it convenient, yond tho slope that only the U beyond the oartii ; but, if lings, that on nkinonts have i have arisen. c matter of a a suj)orincum- 1 in tho forma- of its use. L'ross muskegs ditches would to Ibi-m them )rmed, would podiency, and special locali- not to form dod for under bod for tho ) bo brought 5d to, it will rails from but he will ?aminod each tho circuni- doration the no case tho sh ill exceed ■lid cheapest iiblo for tho would bo a •e ])ermittcd bo allowed atter only is tho surface before any of tho muskeg material is deposited, and arrangements must be made to measure tho solid cubic contents in the embankment after tho water has had time to drain out of it. On these conditions, as to measurement and payment, and on these only, will the undersigned approve of tho use in any form, of this peculiar material. Mr. Jennings will bo good enough to inform the contractors accordingly, and obtain their written acceptance of these conditions, when the matci'ial is placed in embankments. Wherever it be deemeil expedient to allow the u.-e of nuiskeg material, the whole must bo covered over with good eai'th ; in no case should the coating of sand, clay or gravel be less than 12 inches under formation level. (Sketch A.) Surface of r .SJL wmmiiimmMi Platform of Loss. 1 Wluakeg. As a rule iho surface of the muskeg should not bo broken by ditches or boiro^v- ing pits within 50 feet of the centre line. 10. When it becomes ox]iedient to form tho embankmonts by train, good-sized poles, or siiia 1 trees "spotted" on tho side, to avei-age say six inches thi<-k, should invariably \k- laid longitudinally under the t'os. These polos should break joint, and every means taken to render the track reasonably solid and secure to prevent injury to rails. See Sketch B. (Sketch H.) Surface o ff / X Platform of Loas. I Mu skod. lOi. The undersigned lias given careltii considoration to tho question of ruck borrowing, referred to in the specitj'.ation, and he has ai'rivod at, the concliiMon that it will not he expedient to resort.t ) tho jirocess of excavating rode i, the material from rock line cuttings has heeii deposited in two parallel lines along the toe of the slopes. This was done sulisoquent to the date III' the CO itiact with a special pui'iiose in view, hut it involve-* a good deal of extra troulile and expense to tho contractors, without correspond! id,' advantages, and as tho undersigned recognizes the peculiar ditliculties, these contractors havotoovor- come, and the importance in the juiblic interest of assisting them in eveiy legitimate way, an. I ol' avoitling unnecessary outlay, ho does not insist upon the same plan ot const riictidii being followed on this contract. The coiitractoi's may be allowed to finish the embankments in the usual way, allowing the material ot whatever kiml to tiiid its proper natural slope, and in tho i/U of the slopes being formed of soft material, in ponds or lakes, they will bo pro- tected by riji-rap, a fow feet above ami lielow water level. Tlu rip-ra]i must bo provided after tlin embankmjnt has to some extent consolidated. rj. Attention should at oneo be given to tho volume of all streams crossed by the railway; the necessity for tho structures proposed to bo erected, and their sufli- oie;icy aiui character Mr. Jennings wiil report, from time to time, such improvements or suggestiouA in the mode of construction as may appear advisable. 22 13. TLs Eriffineer-in-Chiof encloses printed general instructions, 1 to 5, for the information of Mr. Jennings on the ganeral guidance of the staff under him. These arc in force as far as aj)plicable. Special attention is directed to these general instructions. The object in view is considered of great importance. Not the least important is to procure a complete historical record of the progress of the work under the con- tract, with details of every event noticed as it transpires. The purveyor branch, referred to in Instructions No. 2, is, however, abolished, and Mr. Jennings will him- self bo held responsible for procuring supplies and the proper account of all expendi- ture. It is the intention of the undersigned to apply for the authority of the Minister to make a money allowance in lieu of rations to members of the staff. In the mean- time it is expedient to carry on the old system. Mr. Jennings will, however, be good enough to report if it will be practicable to change the system, say on Ist September next. 14. While the Engineer-in-Chief refers Mr. Jennings to the rules established by the Department, with respect to the making of payments, the keeping of accounts and the character of the vouchers required by the audit, he directs his attention to the exercise of proper economy in all matters of expenditure. Any food supplies obtained must bo good and sufficient, and procured at reasonable prices. 15. While exercising prudence and forethought as to the wants of the staff, and the supply of good and sufficient provisions, all extravagance and waste and all unnecessary expense must be avoided. 16. The following staff has been selected to assist Mr. Jennings in carrying out these instructions: — I lY. The Engineer-in-Chief requests that Mr. Jennings will issue a circular letter to the Division and Assistant Engineers, informing them that all orders or communi- cations in writing made to the contractors, respecting the works, must pass through his hands and bo signed by him alone, and Mr. Jennings will be good enough to report all orders so given and draw special attention to any matters of importance. 18. As far as can be foreseen, ample allowance has been made in the bill of works for evory description of work required under the contract. Should it become expedient, a> )perations proceed, to execute any class of work for which no provision is made, Mr. Jennings' aroition is directed to the 5th clause of the contract, which stipulates that no additional work shall be performed unless the price to be paid for the same shall have been previously tixed by the Minister in writing. The necessity for any additional work must therefore be reported to the Engineer- in-Chief, and, if approved, permission obtained as above for its performance. 19. Mr. Jennings will arrange that the monthly measurements shall bo com- pleted on or before the last day of each month, so that he may bo able to make up isnd transmit the cstima'cs to this office as early thereafter as practicable. All monthly estimates are to be signed by Mr. Jennings, and forwarded in triplicate. 20. In addition to the wcekl}' ])rogress reports a short report should accompany the monthly estimates, referring to any special features of the work done during the month, the progress being made, the length of grading done or track laid, etc. 21. Tho Enginoer-in-Chiof im])resses upon Mr. Jennings the necessity of holding the division engineers, as well as their assistants, personally responsible for the accuracy of returns of work done. It will not ahvays be practicable for the division engineers in person to examine tn't whole work every month, but they should per- sonally go over a portion of their division each month; the sub-division engineers sending their figures to them liy telegraph or otherwi-^o. The succeeding month the division engineers will be able to moapure tho remaining portion, and by this means they will test the accuracy of the whole, as the work goes on and become familiar with all details, with respect to which they are ri'sponsiblo. 22. Mr. Jennings is fui'nishe I with a copy of the contract and every plan, profile and diicument relating to the works under his charge. Tho undersigned looks to Mr. APPENDIX No. 2. 1 to 5, for the r him. These these general ast important mder the con- veyor branch, ings will him- )f all expendi- •f the Minister In the mean- 1, however, be Q, say on Ist istablished by : of accounts attention to food supplies the staff, and 'aste and all carrying oat ircular letter or comrauni- lass through od enough to nportance. the bill of d it become no provision tract, which ) be paid for be Engineer- ico. all bo com- bo make up -icablo. All iplicate. accompany 3 during the , etc, r of holding ble for the the divisioa should per- engineers month the this means 10 familiar >!an, profile ooks to Mr. DOOl/MENT A. a 3c c 02 o a: s a: - < -.- r: ,^ -*" ■'- i - ^ °5 - i i J5 "<■ s •s s- f tc o a. 1ft X I 3 1^ 'I- II o (3 z UJ .^ 5^ VI < J 1- ID > ■■N X < o 1- ii Si -t ; o~?i : OC ^ UJ z V) CO o Jenni tions, earne B., L S Comr. to it. I which exami concei the fai occurt 1, in wh' ment > went < untrue T Pacifi< his bel Depar Si in Mr. freque It was or exp Hudso clerks, that h( produ( F useful numer objocte alfy to instruc Tl he reti wan w M knowU feature engage respocl 23 Jennings with confidence, believing that ho will spare no efforts to liavo these icstnic- tions, and the works to which the3-rofor, satisfactorily carried out, and that he will earnestly endeavor to have everything done with strict regard to economy. SANDFOKD FLEMING, Engineer-in Chief. APPENDIX NO. 3. DOCUMENT B. SUPPRESSED BY THE COMMISSIONERS. B., L^TTEK to Secretary Department of Ra'dicays and Canals, in Reference to Cert i in Evidence given by Mr. Horetzky. Ottawa, 22nd June, 1881. Sir, — The character of the evidence given by Mr. Horetzky, before the Eoyal Comi.ilssion on the Pacific Railway, impels me reluctantly to address you with regard to it. I have already given my testimony before the Comiuissioa on every point on which enquiry has been made. I do not consiiler it uocessary to re-open my examination, in order to luke the explanations which this letter contains, but I do conceive it due to the Department, which I served as one of its chief officers, to place the facts on record, so that they may be available for any purpose in the future. It occurs to me that I am called upon specially to notice three points: — 1. Mr. Horet'.ky takes exception to part of my evidence before the Commission, in which his name is alluded to. The examination had reference to the commence- ment of the survej^, in 1871, and I stated in reply to Q. 22,613, that "Mr. Horetzky went out as a photographer to begin with." Mr. Horetzky says, this statement is untrue, and it seems to have been the cause of great dissatisfaction to him. The facts connected with Mr. Horetzky's first engagement on the Canadian Pacific Railway staff, are these : — Application was made by Sir Charles Tupper on his behalf, in the spring of 1S71. Sir Hector Langevin was then Minister of the Department. Sir Charles was not at that time in the Government. He took a warm interest in Mr. Horetzky, whose name I had never previously heard. The application was frequently renewed, and Sir Charles expressed a strong desire to see him employed. It was, however, difficult to give him any position as he had no experience ou surveys or explorations, or in engineering. I was informed that he had been a clerk in the Hudson Bay Company's service, and there was no opening on the survey for mere clerks. Sir Charles Tupper in his desire to have Mr. Horotzicy employed, mentioned that he could take photographs well, and specimens of his photogiaphic work were produced. Prom our want of knowledge of the country, his services could be rendered useful as a photographer, and he was accordingly engaged and ailiiehod as a super- numerary to an exploring party, " for the purpose of taking piioio^^raphit- views of objects of interest, illustrative of the physical features of the coutury, more especi- ally to the west of the Forks of the Saskatclievvan." The quotation is from my instructions to the engineer in charge of the party, date 1 20th June, 1871. The service was creditably performed by xMr. Horetzky. The following winter he returned with a portfolio of photographs of natural scenery from the Saskatche- wan westward to Jasper House in the Rocky Mountains. Mr. Horetzky being naturally quick, observant and intelligent, obtained some knowledge of the duties of an explorer, and became of use in observing the general features of the country he passed through. Some tiftoen months after his first engagement, I sent him, associated with Professor Macoun, to obtain information respecting the Peace River country, as set forth in my Report of 1874 (page 45) 24 Ono of the objocJs I had in view was to obtain ]ihi);c><,'raphs f^o as to gain as correct an idea as potisiblc icspecting the iiliy-ical features of the country. Mr. Iloretzky performed his part of the service with eredit, and brought back some excellent photographs of diflc rent localities to which I attached considerable value. Althougli in subsequent 3'e:irs, Mi'. Horctzky made some UHcful explorations, yet he undoubtedly went out as a j.hotngrapher in the first instance, precisely as 1 have described. In 18T.5, T thir'-r, his hoi k was confined entirely to photographing. 2. Mr. Horetzky states that I suppiessed portions of his report of groat public interest and value. There can be no doubt as Engineer-in-Chief, subject to the Minister's approval, I was the proper person to judge whether or not it was expedient to publish the whole or any portion of a report sent to me by a subordinate. In this particular case, being much engaged at the time, I asked my Chief Assistant, Mr. Marcus Smith, to read Mr. Horetzky's report carefully, and give me his opinion as to the propriety of publishing the whole or portions of it, with the appendices to my own ropoi-t. Mr. Smith gave his views in the letter which follows. This letter may servo to explain why portions of Mr. Jloietzky's report were not printed. On examination I entirely concurred in Mr. .Smith's suggestions, and I took the trouble to send for Mr. Horetzky and explained to Iiini that it was expedient to reduce the length of his report : — Ottawa, March 24th. 1875. Dear Sir, — I have carefully looked over Mr. Horetzky's report, which is very good so far as he coiitints it to a description of what he saw, and gives heights and distances (a]j])ro.\iinately; such as are usually ascertained on track surveys, by aneroid, compass or other jjortable instruments. But at several places ho gives enginceiing opinions and dosciiptions of grades, tunnels and other engineering works, for which there is i.o reliable data and for which he is not qualified, as ho has no engineering knowledge whatever — does not even know how to use a level. It has been observed as a rule in all the reports of myself and staff, that no engineering opinions or descrij>Lions of engineering works, are given on mere track surveys. These arc coniiued to lines of which a complete instrumental survey has been made, and even then the descriptioTis are not given by the assistants or even the Division Engineer, who only make the plans and ])rotilcs and put all the information they ].ossess on these, from which the dcscrip)tions are made by myself and submitted for youi- approval. You will have to oxjtlain this to Mr. llorolzky, for he is such a crazy, conceited fellow, he will think (and publish) that his genius is being repressed, if ho has not his say, although, I may inforno ycu that, except his ])hotograpls, his work is alto- gether worthless and cannot bo laid down on the general map. He says it is Vancouver who is wrong; that in his chai't the relative positions of Dean and Gardner Channels arc wrong, over 20 miles out of true position. To save you time I have marked in pencil on ■'.he margin those portions of the report which I think should be omitted, viz. : — Page 6 (1). No data for onyineering descriptions and (2) opinions, nor any use describing portions of a route otherwise impracticable. Pago 7 (1). No data for engineering opinions or descriptions. (2) Mere horesay, but harmless. Page 11 (1). No data for engineering descriptions, &c. (2). Only an Indian mountain trail ; if left in it might mislead. (3). Doubtful. Pago 12. No data for engineoring'opinions, &c. Page 14 (1). Opinion all wrong, as we know by actual inspection. (2 and 3). No data for engineering opinions. Pages 15, 16, 17 and 18. No data for engineering opinions ; nor any use describ- ing an impracticable route. Page 21 (1). All wrong as wo know by inspection. esp4 F. ► gain as correct Mr. IToretzky some excellent aluc. xploralions, yet cisoly as 1 have Efra piling, of great public er's approval, I to publish the this particular .Marcus Smith, ) the propriety twn report. )r may servo to n examination ible to send for 3 the length of J4th. 1815. , which is very 'es heights and 'k survey's, hy aces he gives sr engineering ified, as ho has evel. staff, that no ven on mere mental survey assistants or d put all the de by myself azy, conceited if ho has not work is alto- says it is 3f Dean and rtions of tho nor any use il 25 Page 22*. Report should end here, except in Page 24 (1). Might be left in. Pago 26 (1). Might be left in. Pago 27. —Might bo le^t in, conclusion. Pages 22 to 25.— All described in my report for which I made this voyage especially. Page 1^5 (1). — All conjecture. Pago 2()— (2). Might "go in. Page 27 — (1). All incorrect and conjecture. (2). To go in. I hope tho above will assist you and save time. Yours most truly, Sandfoud Fleming, Esq., Chief Engineer, C.P.R. M. Smith. 3. Mr. Iloi-etzky charges mo with having prevented him receiving proper com- pensation for his services. I would bo doing Mr. Iloretzky an injustice if I do not admit that I formed a more favorable impression of the value of his services than did any of tho Engineers on the staff who came more directly in contact with him. I spoke to each successive Minister, at Iho head of the Department, in terms of approbation respecting tho aptitude which he had displaj'ed for exploring in a rough country. I recommended that his pay shoiil , bo increased from time to time and at tho termination of his sei'vices he received iho very highest rate payable to ex])Iorois as such. Subsequently, however, he conceived that he should be paid at a still higher rate; that he should recoivo back salary equal to that of tho highest grade of engineering assistant; of men who had devoted their whole life to engineering ai.d " whoso expei'ienco, high character and attainments, qualifiod them to take charge of the heaviest and most important engineering works." I had no authority to fix the rate of salaries ; this powerrested with the Minister and tho Government, and 1 may state that I never held thatmy Assistants, as a rule, were too highly remunerated. I hud no objection to Mr. Horetzky receiving all that the Government would grant him. I felt, however, that if his pay wa- increased, every man on tho staff would be entitled to claim an increase, and that each would feel an injustice was done him, if his compensation was not increased in like proportion. Mr. lioretzky continued to importune mo to certify that an additional sum was due him oven after I ceased to be Chief Engineer. Ecing absent from Ottawa, cor- respondence was carried on, until in August and September, I received throe extiaor- dinary letters in which ho volunteered to pledge me his lasting friendship, jirovidod I would ai-sist in getting him the money he demanded from the Governniont, at tho same time vowing vengeance if I failed to recommend its immediate payment. The charactoi- of these letters as such that it was impossible for me even to acknowledge their receipt. I have tho honor to be, Sir, Your obedient .servant, SANDFOUD FLEMING. F. Braun, Esq., Secretarj', Department of Hallways and Canals. lead. use doscrib- 26 APPENDIX No. 4. DOCUMENT C, SUPPRESSED BY THE COMMISSIONERS. Ordef in Council in reference to saving in cost of construction Sectio/is 41 and 42. Copy of a Report of a Committee of the Honorable the Privy Council, approved by His Excellency tlie Governor General in Council, on the I8th June, 1880. Oil a Memorandum, dated 15th June, 1880, from the Hon. the Minister of Rail- ways and Canals, submitting a report received from Mr. Sandford Fleming, late Engincer-in-Chiof of the Canadian Pacific Railway, relative to a certain engagement enlered into by him in July last, with Messrs. Jennings and Caddy, engineers in charge of Sections Nos. '11 and 4':: >f that railway, whereby for every five per cent, of reduc- tion on tiie then estimated total cost of these sections, one year's extra salary should be paid to them, and so on in proportion as the amount of reduction might be increased. The Minister states that the arrangement being made on Mr. Fleming's own authority alone, he desires that the liability having been incurred in the interests of the railway, it may now be assumed by the Government, which the Minister recom- mends for favorable consideration. The Committee submit the above recommendation for Your Excellency's approval. Certified, J. O. COTE, C.P.C. it Que chaj vie\i fidej ther fullj Obli irapl ent APPENDIX No.!5. DOCUxMENT D. SUPPRESSED BY THE COMMISSION. Letter to the Minister of Railways and Canals in reference to saving in cost of construction Sections 41 and 42. Office of the ENaiNEER-iN-CmEP, Canadian Pacific Railway. Ottawa, 14th June, 1880. Sir, — The Order in Council which has recently been sent to me respecting my position on the Canadian Pacific Railway, suggests to me the duty of reporting to you an engagement entered into with the engineers in charge of sections 41 and 42 iVlessrs. Jennings and Caddy. The circumstances under which the engagement was made are: — It was my intention last summer to have given my personal attention and as much of my time as could be spared from other duties to the supervision of these two sections. They are m:irked by unusually heavy works, and I hoped to be able considerably to reduce the expenditure involved. The contracts were purposely so framed as to admit of a reduction. On the opening of spring, however, 1 was directed to proceed to England to assist yourself and the other delegates (the Premier and the Finance Minister), in imporlaiit matters. I was thus compelled to be absent from the work. I said that it would not be possiljlo for me to visit them until late in the fall, when the season would be practic- ally over. I considered it the more necessary therefore to invite the resident engineers to exercise the greatest care and economy possible, and to make extra- ordinary elJorts to reduce the work wherever it was practicable to do so, so as to bring it within the lowest practicable cost. I deemed it expedient in the interests of economy to enter into a personal engagement with these officers, making myself liable to a considerable although indefinite amount. 1 cannot better explain the nature of the engagement than to enclose to you a copy of a letter which I felt 27 ERS. 41 and 42. 'proi^ed by His 880. nister of Rail- Fleminr u while. It was my intention to have started to go over all tho work between Lake Superior and Selkirk directly after all tho parties were despatched, and business at Ottawa placed in such a state as would admit of my leaving. I have been obliged, however, to proceed to England, 'uid it will not bo in my power to see you until late in tho season. I have, however, fully discussed every matter with Mr. Smellio, and explained to him my views. He will speedily pay you a visit, and I trust you and he will get the above matter placed on u satisfactory footing. Touching the contract itself, I wish you to do everything in your power in a perfectly legitimuto way to assist tho contractors. They have serious difficulties to overcome, and while seeing and insisting that they do their work as it .-hould be done, I would rather adopt the policy of giving atid taking than being too punctilious about matters of no great moment. It is of primary impoi'tance that tho lino should be built throughout with the easy gradients and favorable engineering features which, from tho first, I have aimed at, and it will bo your first duty to see that these are not in any way departed from. You will, however, see that no expenditure whatever is incuri'ed that is not absolutely necessai-y to secure these advantages. The bill of works is a libeial one. The contract is diflerent from all others, it is what may be termed a maximum contract, and tho total sum mentioned in the contract m ly be decreased, but it cannot be increased. The bill of works is so liberal that I think it is possible to finish all tho work hirijeJy within the contract sum. I would '.vi>li you to make every ettort to have this done, much depends upon you, and if you earnestly bend j'our mind to it, I feel sure you will succeed. While acting justly to iho contractois, even liberally to them, in seeing them paid in full for all tho work they do, and the contract be completed considerably within tho contract sum, it will bo u feather in yonv cap to assi^t thus in saving tho public money, and it will establish no small claim to consideration if not to a material reward. The latter I Lave no authority whatever to otter you on tho part of tho Govern- ment, but 1 cannot help feeling it ia in the public interests that some substantial acknowledgment should be ma To to you in the event of your success, and I think further that my own claims on the Government for past services are such as to Justify mo in saying that if the contract bo tiuislied to my satisfaction for five per cent, less than the contract .-ium, you will bo entitled to receive one year's extra salary, and so on for any further reduction. I look upon this as a mere acknowledg- ment of valuable services and, as I said before, although I have no authority from the Government or the Minister to do so, I pledge you this in tho public interest, entirely on my own reisponsibility and on my own authority as Engineer-in-Chief. I intended writing Mr. Cuddy to tho same effect, but tho motion of the ship is ceaseless and conveniences for writing are not tho best. 7 shall be obliged to you if you will convey to him ray views, perhaps send him a copy of this letter. I would iKik ac| col onl :in| Wil W 29 jrations beforo ' their services )r;itioiis in an (jf civilization, iono at a groat iinl< wo Hhould ling the public and next to hich loquirod log-houso, he I sucli articles iablo road ho lamo ? A log- ipply of many )otween Lake nd busincHS at I have been ?er to doo you ter with Mr. a visit, and I lug. II r power in a difficulties to s it ^■hould be »o puriCtilious lOut with the I have aimed (parted from, ot absolutely I otliors, it is ioned in the 8 is so liberal act sum. I )on you, and Vhilo acting n full lor all ho contract money, and ho Govern- substantial nd I think such as to "or five per oar's extra knowledg- lority from interest, in-Chief, the ship is id to you I would have written him prociso!3' in tho saino spirit and saiil the sumo with rcgaid to an acknowledgment for iervieos in the cvoi.t oltho rotitruL't sum lieing re'lucdl on the completion of iho work. Contract 41 i^ the same as Contract 42, and they aro the onl}- two of tho kind yet entered into, rioaso let nio know when this iwichos you and adtirrss as on tlu' other siiio. 1 have no eo|iy, 1 would therefore bo glad if you would kimlly send n,o a juvss copy when you write Mr. Cadily. Wishinp^ you all succcks aini hopin:^ to seo you eaily in October. Helievc me voi'V sineorel3' vours, SANDFURD FLKMINfi. W.J. Jenninos, Ksi[., Section 42, C.P.II. London address: Canailitin Agency, ;jl (^uuen Victoria street, Lomlon, H.C. APP13NDIX No 7. DOCUMENT V .sUPITtHSSlU) BY TIIIO COMMISSIONERS. Letter to the Tlon. A. Maclienzii, cni'loshii/ a Mrniuraivhun on the construction of the Canadian Pacific liadicay, and aith rrfereiuc tu j/crsonal charjes. Unofficial. Ottawa, 30th September, 1874. My Dear Sir, — 1 have considered the rjuostion of beginning tho construction of tho Canadian Pacilic Railway as you requcsicil me, and 1 have tliou .t it best to put the views I have formed in tho fi>rrn of a menioraiulum which I nou enclose. As you did not intimate to mo in any way 3'our own views, and 1 have not con- sulted with any one, and have not luut the bonetit of your opinion or that of others, I, therefore, may be wrong in the judgment I have arrive;! at. JJe that a^ it may, I have submitted freely and frankly my views on tho sulijcct. I wish to mention one thing to ycu which has^UI•ll^i^ed mo a good deal. I have learned that a charge is made against mo in Toronto and el^owhl. re, that 1 am deeply interested in property at Xipigon. 1 do not care so much what outsiders may say as I know some people will stick at nothing to servo their own ends, but 1 would like you to be rightly informed lest any such stories nui\' have reached you. I am not directly or indirectly inteiested, jiersonally or otherwise, in a single inch of any kind of property' at Nipigon, Thunder Bay, or any other point north or west of Lake Superior. 1 have never at any time owned or been interested in any real property north or west of Coliingwood except some fifty acres of lund at Sault Sto. Marie, which land I have owned for some twelve years and still own. 1 cannot bo charged, however, with having advocated carrj-ing the Pacific Railway' to Sault Sto. Marie, all my reports point tho other way. I have paid no attention whatever to tho ownership of propert}- north of Lake Superior, other than studiously Ivoeping clear of it, aud as to Nipigon, f do not even know a single individual who is iniorested in a foot of land there. lam not oven aware that the Government has granted anj* land in that (|uarter, or so much that any one has actually applied for a grant. I could have mentioned all this to you verbally, but 1 might not have an early opportunity, and it is natural that I should wish to give tho charge an emphatic denial. Tho only point in the enclosed Report roijuiring immediate attention is referred to in tho last paragrajih. lion. Alex. Mackenzie. Yours truly, SANDFORD FLEMING. 30 APPENDIX No. 8. DOCUMHNT (f. FIIRXISIIEJ^ THK COMXIISSIOX, 14th JANUARY, 1>^82. Memoraii'lam in rcfi-rrn i- to th' rom^fraction of the Camidhm Pacific Railway and settle- ment nf the Xort/i-Wcst 'lerritory. Ot'KICE OK TllK IlxOINKEU-IN-ClIIEr, CANADIAN PACIFIC JlAtl.WAY, Ottawa, 2M\ Soptombor, 1874. Sm, — In accordaiico with your wishes, I have given some consideration to tho question of constructin-,' tho (Canadian Pueitic Railway, and tho best mode of proceed- ing, under the Statute, pii.^sod last Session. I now submit tho general views I have formed on tho suSjoct. You uio ahvudy nwa'o that I have always considored and advocated tho construc- tion of a line of telegraph, in advance of tho railway, as a necessary and most important proliminary work. The constniction n( the telegraph from tho Pacific coast as far easterly as Lake Superior, is now pla-ed under contract, may bo considered secured. For reasons which will herafter bo presented, I third{ tliat there should bo no delay in inaugura- ting the constiuction of tho telegraph fi-om Lake Superior along tho route of tho railwa}-, to the south side of Lake Nipissing, at some point where it would connect with the telegraph sj-stcjn of Ontario and (Quebec. I have the highe-t possible opinion of the jiroducing capabilities of much of tho countr}' extcndin.,' for a tiiousaml miles west from tho Lake of the Wooiis. 1 believe this vast tcrritoiy is destined to support u ^ory largo population, and I think that a judicious expenditure on the part ot tho Govfrnmont, in opening up lines of communi- cation, together with a well devised scheme of immigration, Avill very soon have tho oft'ect of settling the country. Under favorable circumstance*-", T believe that in a few years the population will bo counted by millions, and the day is not far distant whon tho census will show a greater number of Canadian subjects t ) tho west of tho Lake of tho Woods than it now shows to the east of it. Ontario and (^iiebec will then bo cliissed with the Eastoi'ii Provinces of the Dominion. If such a population existed on the contr.nl plains at tho present lime, who for a moment would doubt the gigantic proportions of tho tratfic between tho millions east and tho millions we>t of Lake Superior. A traflic which would not, otd}' find a channel through tho magnificent system of lakes and rivers during tho season of navigation to tho Lower St. Lawrence, but would absolutely demand for its service throughout the whole j'oar, the shortest possible a/^m(7 route that can bo made. Tho tratfic indicated would without any doubt whatever fully occu|)y every lino of communication now thought of. Freight would naturally seek the watei' channels during tho season of navigation, while passengers and tho light kinds of tratlic would, as a general rule, go at all seasons of tho year by rail. Looking to the future, thero- foro it is of the utmost importance tiiat the railway should be projected and con- structed on tho shortest possible route that can be found. It is a misttiko that many people have fallen into to suppose that tho shortest route would run sjuth of Lake Superior. Tho best information yet obtained goes to show that a line south of Lake Superior would bo fi-ora 59 lo 94 miles longer than a line touchi.ig at Thunder Bay, and from 123 to 1.53 miles longer than a line touching at Nipigoii Buy. Entirely .•ij)art, therefore, from tho question of passing through a foreign eountrj', it is quite clear that all idea of spending Canadian money towards constrnctin',' a line south of Lake Superior should bo abandono.l, and every effort should hi directed to establish a more direct lino to the north. Of the two lines north of Lake Superior, tho one touching at Xipigm appears to bo the shortest by about 64 miles, that routo therofore, is tho one which, in my opin- lOl m PI ml wi fo| fo| I f 31 NUARY, l>-82. Railway and settle- r.WAY, tombor, 1874, sidoration to the inocJo of proceed- oial views I have atctl tho construc- icessary and most oastorly as Lake ed. For reasons iluy in inaugiira- f tho route of tho t would connect 3 of much oi the VooiIh. I believe id I Uiink that a lines of communi- ty soon have tho population will IS will show a Woods than it classed with the time, who for a 10 millions cast not, only tiiul a tho season of for its service be niado. !ii|)y every lino watei- channels )f tnillie would, future, thcro- ectoi and con- lat tho shortest btained goes to longer than a lint' touching rtsign (.•uuiitiy, f,rii<-tin'^' a line bj directed to ;■ >n appears (o (i, in my 02)ia- ion, should he adopted, if one still shorter cannot be found. It would, looking to iho not distant future and vitally imi)ortant fthjocts to be gained by having the >lii»itest possible " llirongh" line, bo most unwise to twist the main trunk railway a single mile out of tho direct courKo. The very shortest lino that can ])ossil)ly be secured will bo longer, all will admit, than wo would desire. If thoroloic, no line can be found shorter than tho one referred to by Nipigon, that, undoubtedly is tho true route for tho lino of railway. To carry tho trunk lino round by Thunder J^ay would practically bo placing tho eastern and western provinces of tho Dominion, sixt^-four mile: furtbi r apart and imposing an unnecessary tax of nearly two dollars per head on every puss*, n^or using tho railway for all futuie time. I must not bo understood to advocate that the construction of a continuous all-rail route north of Lake Superior should take precedence over everything else. I simply recommend that it should, from tbe tirst, bo k<'pt prominently in view and foiin part of the general design, and that when the proper time arrives it should be carried into execution. There are other sections and other works more immeiliaiely necessary. Kxisiing canals and railways in connection with the great lakes, being the steam communication of this country, fiom tho Atlutitic Ocean to Thunder liaj'. Thunder Hay is tlio natural and ])roper outlet for the mixed land and water route; thence to Manitoba, pojudarly known as the Dawson FJoute. This lino of communication should, 1 think, at once bo rendered as efticient as possible for present ])nr]ioses .md for peimnnent use during the seasons of Tiavi<.'ation as a freight route. Tlw J)awson Eoute will never be of much service until it iso]'eratcd by steam thiougbout j the 50 miles east of Lake Shcbiindowan and tho ](!0 miles west of Lake ol the Woods slould immediately be railwayed, the portages intervening that cannot be canalled should at onco be iramwa^'cil and piovidcd with the best niechanieal contrivances tor trans- ferring and bundling freight with ease and speed. Tho outlet of the Lake of the "VVvods at J\'at Portage is an objective ])oint on tho Pacific Railway, and may bo made u common point on tho Dawson Route; from thence to Red liiver. The railway sliould be made common to both linos of communication. East of Rat Portage, I Lhink that it would bo advisable to establish tho Dawson Route as an entirely indepen'raph ron- ■nment, as intelligent formed at could pub- 3d to form such pro- : company ly execute I'ough the an much energy as posh^iblc, in carrying out certain preliminary and necessary works as follows : — 1st.— Telegraph lino, including clearing two chains wide along the r.-ulc of the railway, throui!h forest and packtrail or roads. 1. British Columbia to iviraonton ,. $300,000 2, I'Minonton to FoiM, Peli}- 117,250 H. Fort Polly to Fr.rt (iany 56^250 4. Fort Garry to Lake Superior 189,120 5. Lake Superior to Lake Nipissing .50,000 «91 2,620 Total, say $1,000,000 2nd.— Land and water communication from Lake Superior to Eed Eed Eiver (Dawson Eoute). ^ -P, ., „ _, Approximate expenditure. 1. Kail way from Kiver Kaministiquia to Lake ShobaiuJowan $1,000,000 2. Eailway from liat Portage to Red River, 2,000,000 3. Portages and equipment between Lake Shobandowan and Rat Portage 250,000 Total expenditure on the Dawson route, of which $2,000,000 would bo com- mon to the trunk line of the Pacific I^ii'l^-ay-. - $3,250,000 3rd.- Land and water communication, Red River to tho North Saskatchewan. 1. Railway from Red River to Lake Manitoba $1,500,000 2. Portage, railways, improvement of navigation of Saskatchewan, steam- boats, &e 250,000 Total expenditure in connection with the Saskatchewan navigation, of which Sl,5ii0,00J would be on account of the main lino of the Pacific Railway $1,750,000 4th. — Pembina Branch $1 000 000 5th. — On account of construction of Pacific Railway in British Columbia and between Rat Portage and Xcpigon $3,000,000 UEOAriTDLATION. 1. Pacific Railway Telegraph Line $1,000,000 2, Railway and water communication from Thunder Hay to Red River 3,1^50,000 .'?. Railway and water communication from Rod River lo I'Mnionton 1,750,000 4. Pembina l:!ranch Railway 1,000,000 f). Pacific Railway in British Columbia 3,000^000 Total $10,000,000 The c:f])cndituro above HUggestod would initiate construction generally thi-ough- cut the v.'Ik Ic lino, and it would probably be quite as much as could jiidiciou.-ly be made within tlie period referred to. 4S cc-~ J It would secure a telegraph line along the I'oute of the railway from Ottawa to British Columl)ia, it wouki clear the forest land to a width of two chains, it would establish a roaii passuble for horses along the entire route, and thus give access totho country for contractors, explorers and settlers who would follow and render the establishment of regular postal communication possible and easy at a very early day. The expenditure proposed would also d'^'-elop and so far perfect the Dawson Eoute as a line of steam communication as would make it really servicoablt3 for all kinds of traffic, until the completion of the Eailway between Lake Superior and Ecd Eivor. On the completion of the railway a classification of the traffic would naturally follow. The Dawson Eoute wouUl continue to be of value as a means of ti-ansporting way freight, while passenger and other traffic would find their way by rail. The expenditure proposed Avould also connect Eod Elver by rail with Lake Manitoba, place railways on the Purtages lying between Lakes Manitoba, Winni- pegoosis, and the Saskatchewan Eivcr, improve the rapids of the Saskatchewan, place steamboats on the whole route, and thus practically extend the means of steam communication from tide water at Quebec hy both branches of the Saskatchewan to the foot hills of the Eocky Mountains. It w^ill be seen, too, that the expenditure contemplated will bo strictly confined to those portions of the great lines of communication essential to the opening up of tho country, and which would in the highest degree assist in the economical con:5truction of that which at the end of two years would remain to be done. In ihe estimate presented I have placed $3,000,000 for expenditure in British Columbia and on the line between Eat Portage and Nepigon. I have not attempted to beparate tho sura, as the amount which may be expended in Briti.-h Co! umbia depends 80 much on circumstances. With regard to the estimates, I avdy state ihat although roughly approximate it may be considered a liberal one, and with regard to the period of two yeai's I should not be understood to mean strictly two working seasons, I should rather have used the general oxpi'essii>n two or three years, as, owing to tho peculiar circumstances which obtain, I doubt if it would be possible to cany out all that is contemplated or expend the estimated amounts judiciously and economically within the shorter period. There would be nothing, however, to prevent the Govern- ment entertaining any proposals that may be made by financial companies for tho con- struction of the whole line of railway before tho completion of those portions herein referred to, the amount actually expended could then be cor lidered as so much paid the company on account, or dealt with as may then be agreed. My present object (at your request) is to point otit which plan of procedure would, in my judgment, be the best. I feel well convinced that wliethor or nou it may be considered advisable to place tho whole undertaking bye-and-bye in tho hands of one lai'go company, it would in the meantime be in tho public interests to initiate construction in some such manner as herein indicated, I am satisfied that with the preliminary works alluded to well advanced, every section of the country made accessible and its speedy settlement assured, it would be possible to make terms with capitalists far more favorable to Canada than can possibly be expected at the present time. Should you entertain favorably the suggestion herein contained, I have further recommend that public notice be at once given that the grading of the railway from Thunder JBay to Shobandowan, from Eod Eiver to Eat Portage, and from Eod liiver to Lake Manitoba will bo ready for contract before next meeting of Parliament, and that tenders will bo invited so soon as tho suvvoyM now in course of com;iletion be ready, and the plans, profiles and specifications prepared ; the object being to all'ord intending contractors an opportunity before winter comes on, of personally examin- ing into the character of the excavations which will require to be made on tho several sections referred to. I am, &c., SANDFOED FLEMING. To tho Hon. Alex, Mackenzie, Minister of Public Works, &c., &c., &c. I 35 ttawa to it would ess to the 3nder the iiirly day. Dawson )le for all and Eed naturally isiJorting itb Lake Winni- ivhovvan, of, steam 10 wan to n fined to ip of the ^truction n Bi-itish niptod to . (.loponds although d to the seasons, ig to Iho y out all omically ! Govorn- tho con- is heroin ich paid I'occdure r noli it 10 hands ' initiate v'lth the y made ms with present further ly from I Itiver nt, and ition be ) allord xam in- several a. APPENDIX No. 9. Extracts from xue general Report op the Minister op Pcblic Works for the Fiscal year ending .^Otii June 1873. PACIFIC RAILWAY SURVEY. "Your Excellency will doubtless bear in mind, that the operations for the survey wei-e commenced in Juno, 1871. Those oxainiiuitions hiivosiiice I)eou continued with much vigour, and although nothing definite has been oHicially brought to public notice, in which controverted points luivo been decided, the labour of examination has boon unremitting. It is no exaggeration to spoak of the extent of lorritoiy to be explored as immense. The false impressions which have exii-'od with regard to it are a matter of history. It is but ton years since tli;:t C:ipl;iin Palli?er, in his rej^ort to the Imperial Government, declared the utter imjio.-isibility of linding any commu- nication through Canadian Territory. "This officer thus summed up the rcsniL of his invo-ligations, — "' The connection therefore of the Saskatchewan Plains, east of the Rocky Moun- tains, with a known route through British Coluniuin, ija:^ boon eil'octcd by the expedi- tion under my command, witiiout our haviiig been uiuior the iiocossily of passing through any portion of United States Territory. Still, the knowledge of the country on the whole, would never load mo to advocate a lino of cDmniuriicuion from Canada across the continent to the Pucidc exclusively liudugli Biili.'h Territory. The time has now forever gone by for effecting such an object; and the unfortunate choice of an astronomical boundary lino has completely iiolalcd tho Cc:i(ral Amorican posses- sions of Great Britain fiom Canada in tlie cast, and also almost debarred them from any eligible access from the Pacific Coast on the west.'-'- "This deliberate and forciblj" expressed opinion, the result of four years' labour in tho field, of a man of eminenco, aided by assistants of equal culture, ability and energy, may with propriety be quoted to show tho formidable dillicultios to be over- come in the Pacific Railway Lino. Difficulties, which, until tho last three yours, have been held to bo insuperable, and tho solution ol' wiuch calls lor unremitting labour and thought. "The immense area to be considered can on'y be dealt with in a corresponding space of time. The descent of the western slopes of the Eocky Mountains may bo described as offering r;o natural choice of grouml. ConseqiioiiLly, the lino can bo finally traced only after elaborate examinations, and by a cjinpurison of the extra heavy work which, in some casct!, cannot bo thrown ouL. By these means this form of expense may be reduced to its minimum. The biirvoys, to or.able such comj)ari- sons to bo made, are still in progress. It is only when the location is sustained by a perfect knowledge of the geography, and the physical lads which dictate it, and when all hope of improvement is seen to bo futile, that it can bo definitely recom- mended. " One of the principles early assumed in this examination is, that the main line shall turn in its course to tho navigable waters of Lake Superior at a point most accessible to Manitoba. Difficulties have, howovei', beoti found immoLlialely on the north shore of Lake Supoiior to the south-oast oi Lake Xcjiigou, so serious as apparently to force the line to tho north of that body of water. " Explorations were accordingly made north ot tho lake, and it was necessary to connect them,with tho previous year's work, at liiver ^Moosc. A ])o;'tion of tho lino between tho River Nepigon and the Lake of the Woods being unsatisfactory, likewise tho country to tho south not appearing more favourable, a lino was explored further north to connect with the Xorlhcrn Nepigon Line. " At tho same time a survey has been made from this northern line for ;\ connec- tion with Lake Superior, in accordance with tho principle which has affirmed its necessity. * Parliamentary Report. 48 cc—'ii London, 1863. {Vik Ante.) 36 " The .-tart ii\!j,' ]X)iiit of tho railway has boon established by Legislation (Cap. LXXr., 35 Vict. J a-i ' ^nIno point on or near Lake Nipij^sing, and on the south shore tticico:.' It ^Y;l.- i)i,t fur iiom this lucalit}' that the examination took its commence- ment. " The whole di-ljiuco fn.m LaUo Nijiissing to the Ecd Eivor has now been survojcd and a route has bcou tiaced out through its extent. In order to avoid the ruii'.ccd counlry on the coast line of Lake Superior, the location has been tlirown back of Lake i^cpigon. Con; eciuently a coniicction ia called for from the main line with Lake Superior. A brnneh to Tliunder J3!iy will bo al)out 150 miles and to Nepigon Eay probably about 110 miles. These lines are now also being examined and traced out. " The Chitif ;']ti,';i;iocr of the lino I'oports that the distance from the eastern terminus to the Eed Eivcr is aLcut 1380 miles. The waters of Lake Superior will, however, be reached in about 4 .0 miles fiom Eed Eiver. '• A compari;H>n of distances to the principal cities of the Dominion with other routes to the great West gives the following results: — According to the report of Mr. Fleming, the Er)ginecr-in-Chicf of the Eailway, Manitoba is about 300 miles nearer Toronto by the Canadian Pacitic Eoute than by the most direct existing railway, that by St. Paul, Chicago and Detroit. *' It is 100 miks less by the Canadian route from Eed Eivor to Toronto than by Duluth, and ihe hh' rtesi line that could be constructed along the south side of Lake Superior, Sanlt Sfe. Alario, and the north-east side ot th'j Georgian Bay. " Eed Eiver is »50 miles nearer Ottawa and Montreal by the Canadian Pacific Lire thiin by the n:(,:-t diioct existing j-ailway route, that by St. Paul, Chicago, and Detroit; and is nearly 200 miles nearer Ottawa and Montreal by the Canadian route than by tl.L' c\i.st;i;i; ii".e ot railway to Dulull-. ; and the shortest line that can be coiistrucfod fr( m t'.;iit point, b}' ihc south side of Lake Superior and the north side of the '• ■ • : ian Bay to connect with tho Eastern Eailways, The proximate distance of the ■.:<;'.'.• railway lino required to be constructed from Duluth to complete the con- nexion is about 1,020 miles, half of which would run through United States' terri- tory, wliile the titlal distance by the Canaiiian Pacitic, between Eed Eiver and Pem- bioko on tho Ottawa, is only about l,i;St) miles. Tho distance from Eed Eiver to Lake Superior by tiio Canadian line will probably not exceed 430 miles, while to Duluth it is 47t niiles ; Duluth being situated also 200 miles further west on Lake Superior than Prince Ai'thur's Landing. " The western section of the work has been vigorously prosecuted during the past year. '• A surveying p;irty, fully eqviippcd for this particular service, is now engaged exploring the county fiom Yellow lleud P.mss to the east, towards Edmonton on the North Saskatclii'wan. This ccuntry is densely wooded, and difiicult to penetrate; much of its e: '. being eirdrely unknown, with scarcely a trail through it when tho survey w;.. / iinienced. In many parts it is rolling, rough and rugged, and its physical ie;ra;;o.' can only bo e-tablishod by patient examination. Very great interest is ieit '.■, . !i regard to the result of this survey. " Two lines which may bo pronounced practicable, but which must exact a largo ex]^endituro, have been (raced acioss tho mountains to tho coast. Some sections show very lieavy v/ork, but, ;is has been previously submitted, more exhaustive surveys are in progic.p to detei'miiiO if a better line can bo had. '• Such surveys are nriw in oi.ei ulionfroni JIi.vvo's Sound to the North Tiiompson, ami from l^^oo^o Lalce to Tele Jaune ('ache and the Eiver Thon)])>on, on thi? opposite side of the vjilley lo (hat where tlio fir,-t survey '.vas made. At tho tame time an exploration is being pushed on from Tele Jaune Cache to tiuesnel Lake, with a view of determining the jiossibility of fditrdning a more direct lino to Jiluto Inlet than by the valley of the 'ilioinji; fu to ivauiiooj^s, ;.;,d fioni thence r.Cio,-.s the Cliilicoten Plains and tho Eiver llomalhi). " Operations aro likewise piojeclcd in Vancouvoi's Inland to verify the recon- naissance already made between Seymour Inlet and Esq^uimaux Harbor. (Cap. ih yhore imence- |w been /oid the tJirown ^ain line and to v'amined J eastern |ior will, h other t of Mr. ^ nearer ay, that han by 3f' Lake Pacific go, and in route t can be I .side of anco of the con- s' terri- cl Pem- iver to k'hile to n Lake ing the ngaged on the 3lrato ; t when ind its great I largo actions ustive ipson, poaite ino an . view in by CO ten ■econ- I " Reference has been made to the difficulties which present themselves on the Lake Superior coa.st, which thro:iton to drive th;) l.tcation north ofNo])ig(-u La'ce. Further eribrts are bein;^- made to lu'oid that route, luii an c;;htiu>tivu cxiimiiuit'.ui 'n now going on in the hope of finding a sailuMo liiu running t > Uio noutl) of Lake Nepigon. Necessarily any location must to some extent })ass through tiio unfavo- rable ground which is the characteristic of this ru::;j;ed din'.rict ; ImiI il i.-, to I>o hopoi that heavy work will not bo extreme, and that it; will lio po-sible to givo. a direction to the railway, so that the branch t) Lake Sujieiior will be but of mob.iM'e l'.'!i:^Lh. " Other operations are now being e;u'riod on b..u\V'jen Red Uivor aui L dee S.ipe- rior to conaoyt lines alrcaiy surveyed, and to improve and re!u:-.! the K-nglh of :he proposed location where possible. " In order to obtain as much knowledge as pos.-ibio of the country, the Engi- neer- in-Chief, Mr. Fleming, in the season of 1872, ni.ide a i'eco!U);;iNS:uicoof tho wli'>lc distance to the Pacific, including Vancouver's Island, detachin;; a small :/Ai-iy from the raaifi expedition to Peico River, to reach the I'acitic at some point; o;\ the northern coa^t of British Columbia. The reconnais.>a;;co was: 'ilisCaGto.'ily ••ecom- plished." APPENDIX No. 10. Extracts from the evidence oivex on the examination by ^Iu. Sandford Flemino before the Commissioners, IOtii April and ITtii May ISSl. The Muskeg Question, , *' 19498. Ho\v do you mean that that system of measurement has led to this dis- appointment: is il that a larger quantity was allowed for in the measurement than was actually executed ? — According to the system of measurement adopted in paying the contractor, a larger quantity of material was allowed than is ajtually represe:itel in the work. "19499. How was that? — It was owing to the oxcossiveshrinkngo it may be called, of the material itself. It has been found that the inu-keg material employed in making many of the embankments is very porous, was filled with water lilco a sp mge, and after a time the water passe I away in the cnii.''.ni:mont, leaving v.-:y much smaller cubic contents than was measure! up and pai 1 for " 19500. Did this system of measurement aceord with yor.r view io.i 'iic subject ? — It did not. " 19501. In your opinion, wliat would luive been the correct systenx of measure- ment? -T felt that the spii it of the co;it.;McL was ti -pay for tii executed, and in cases where such material had to be n-cA I \v.)h\ ', diff'eront system of measurement. " 19502. Had you not the control of tlie systoni of mea-,uiem Not at this time. " 19503. At what time do y>u consider yva arc now sp.-.alcl''.'; v.K'k actually 'loptt'd a nave ,M' US u.mo Wiien you say ,- inJuiv, Vu6, that !- ,! you liad not tho control ?— The co .tract was leL in Tune, 1 ?m tJ ; L lef; and no work was then returned, so th.it I aelnally cerLillcd to no -. contract. It w".s done by others duidng my ah>enc o. " 1950-1. Who:, did you resunu the control of ;ae woric ;oa-;. ' the system of measurement after t'lat? — Whoi [ :esuniel my • 1878,' I found that the original eslim.ilo \\:A been vji-y much ove-. to certify, and have not certified as to tlie tiuantities of work do.i-. '* 19505. I understand yuurobjecLioa-, lo this sys.emof me this ' ' " " ' m tho contractor shculd be }):iid f^r e.'ory solid yard oi' earth work executed by ! rock work, as tho case may be. '.!o:!0 on • ;ins\v.:'r:iMe f )r [•)i in Oeober, 1, and I doclinod uniL. Lo be in eifect lis; that the contractor ou:j;ht not to I»o paid f )r'the ftill cubic inoasureraent of tho aterial which he has moved, but only i'r.' th> je;.-tion I) the system ?— My idea is that um, or " 10500. That docs not quite inform n ^f your meaning, because you make use of tlio word oxecutod : now he has e: ccjutcJ iho removal of it as well as pipcing it in the cnih.'inkmerit, and I want to kn'^w whether your idea is that he fihoula be paid for tin; .iitity lie lernove 1, or iJio quantity finally left after comprcsHion in the embankment? — In cn.scs -.vliere the work consists in making a cutting to admit of the railway ijas'^in^ through it, t'jo contractor should be paid by the yard for all the material taken out of that cut ling. In cases where he had to form an embank- ment ho .should be paid for the -olid contents of the embankment and nothing more. "19507. Is that the ordinary rule of measuring to conti-actors ? — That is the spirit of the contract, as I understand. " 11)508. I am nf)t speaking at presont of the meaning of the contract, which would probably be a legal (juostion, 1 am asking you whether it is the usual custom of measuring to contractors in ])ractiee, not in law: is that the usual custom? — The usual custom in other parts of the country, is to pay lor measurement in excavation ; but thct\ the nature of excavation is very dilfercnt in those parts of the country which I speak of. " 1950'J. Then tlio system which you speak of wouM be oxeoptional, would it not? — Yes; Jind there ;.-- provision made in the contract lor the exception, if I am not wrong. " 19510. I'or tlic present, I am not asking you to construe the contract, I am asking you of niatlei's in youi- experience : am I right in understanding you to say that the system which you sugg !st Avould bo an exceptional system, and would bo owing to the pecKJiir cliai-acior of this part of the country? — Yes, it would. " 1!>511. Then, in this locality do you think that the quantity to be measured to the contractor W(juld be ; lie quantity left in the embankment finally? — The solid contents of the cmbanknicnt in this case. "19512. 1 iindorsliLiid ihat the difTiculty in this particular locality, not only regarding section 25, but some of the others in that neighhoui'hood, was that the soil as lemoved contained a large proportion of water which wasafterwards not available in forn\ing the enii)iinlcnient ? — It turned out that the material employed, which was termed muskeg, was very much like a sponge and contained a great deal of water — more than 50 ])er cent, in some cases — so that it took from two 3\ards to two yards and a-half of this muskeg matocial to form one yard of solid material in the embank- ment. The c(nitr;u'tor W:m [laid for the two and a-h.df j'ards ; I hold that he is only entitled to be paid ior the one. The whole discrepancy between the original estimates and the quantities i'olurn''il .nnd paid for, arose in that way. The original ostitaatos wore u';L so far :i- ;';iy. They wore sufficiently near for the purpos'3 they were designed to serve. " 19513. Then, I undersiru. 1 vuu to say this in cfr'ict : that in order to make the omhanknients, it ')ecamo nece ;-iu y that a very much larger amount of material had to be e-':cavated in order to li:ii;-!i that embankment than was ex))ected? — No; it was not done. 1 do not s:iy it was a .s'/u; i/wa ?to/i. P.'>Bsibly not in all instances, but in gorne instances it mi.;!it ho had in some other way. " 1951 1. l>ut as to the materia! that was used, was it not necessary to remove a much larger quantity than was originally expected to be removed, because it did not make the same qnanliiy in the emhankmont that it did in s'tu ?— It was necessary to remove with the s'.'lid material a largo quantity of water. The water was incor- porated with the iiiatei'ial itself. In some places it was like thick vegetable snup, and when this water drained out, the two j'ards and adialf were reduced to one yard. " 19515. But at the time of estiiui'.ting the quantities for the purpose of receiving tenders, I understand }'ou to say it was as.sume(l that the quantity to bo removed would supply the same pro]M)rtion in the cmhankment that excavation generally BUjiplies ? — 1 do not know that the nuitter was thought of at that time. The estimate of quantities necessary to lay before inten ling contractors, was ascertained in the usual way, bj' computing the quantiiies I'rom the profiles. "19516. Was it not then assumed, as far as you know, that this excavation would supply the usual proportion of embankment ? — I have already said wo were better Jiko use jig it in |o paid |rcsi»ion ' admit I for all ibank- more. is the would torn of I?— The 'ation ; ountry 39 not familiar with this material, that we had had no experience — at least only to a very limited extent — of that material in other parts of the country. " 19517. I a^k was it not assumed that this excavation would supply the usual proportion of embankment ? — It was assumed there would bo no marked ditferonce in the excavation in that section from excavations in other parts of the country. " 19.J18. Then the disappointment which finally happened arose really for want of know-lodge of the material at the beginning? — To some extent. " li^filO. I understand all this explanation to mean that the disappointment arose because the nature of the material was not known, and because it had to bo assumed that the ordinary proportion would be found in the excavations for the embankment that is general ly found ? — May I ask what disappointment you refer to ? " 19")20. That caused by the great discrepancy between the quantities executed and estimated ? — No ; it arose from the system of measuring. " 19521. l)id it not arise because a great deal more material had to bi^ excavated in order to sujiply the required quantity in the embankment ? — It aro^e from the measuring of the water in the material, as well as the solid material itself, " 19522. Is it not your understanding that it became necessary to take out cither in water rjiul earth, or some kind of material, a much larger quantity of material tlian ■would afterwards be found in the embankment? — I am not prepared to say il was necessaiy. because the material could have been taken in another way. It could have been obtained from borrowing-pits of a more suitable character in some instances at all ovo: ts. " 195: 3. Do you know whether a large portion of the embankment, as exociitcd in any of tiioso iii-^tances, was made from the muskeg instead of from borrowing-jnts in localities whoro it could have been got from borrowing-pits ? — It was borrowoi tVom the adjoining muskeg in many instances, and this unstable material was used in that way. It was more convcniont to the embankment. "19524. Do 1 unilorstand you to suggest that it might have been obtaincl ot a better qualii3', and more suitable material, from some borrowing pits, in t!iat ■neighboui hood ? — In anothei" wa\'. " I.'5.'."). Do you remember any markodinstances whore that happcneil, whoro tho embankuKMt was made from mu>kog, and whore it might have been made \\m\ borrowing-pits? — I cannot point to any ])actii'ular instance at present. I know ])','r- fectlj- woi; the material could have "been takon forward by train from suiti.bi'j borrowin; pits. " 19.')- iJ. Have you investigated that part of tho question— I moan practicnlly to ascertain ''lat there were borrowing-pits which woul'l have suj)p!ii'd this nritorial in, the instni.' ns you complain of? — 1 have investigated tho ni:ittor and found in soma cases thei'o wore, but I cannot toil tho precise places at ]>resont. However, I toolc every me;. as in my power to prevent a ;vpotition of tho dilVKialty. atr.l instructed tho engineer'; m eliargo of tho several sections up there, as soon as tlio matter came ti> my knovvl'.lgo, to adopt another course, and you will rind my ins", notions in a lottor addressed ,n\his instance to Mr,, .b-iinings, in ehargo of section i2. Similar iii^truc- tions were ;ent to other enginoers. Yon will rind it in K.xhibit No. 293, page.s 15, 16 and 17. "19527. You alluded a short time ago to a discietion which you thought tho engineer h.ul over tho measuronient of this kind of material, and hy which the con- tractor w )uld only ho paid for what was fnund in tho embankment. I undorsta 1 1 that to ho tho suhstanco of what you believe to be tho power th.' cngineor had over the matter : would you say what clause of tho spceitiration leads you to thitik so? — J think he had control under clause 30, and under clause 31, and under clause 2ri38. But iriespectivc of the extent to which it has been used, I understand you :-ay that 3-ou had no information about the idiamctcr of this material which was likely to bo used to some considerable extent — I do not moan to the great extent it has b' en used, but to any considerable extent- and I am asking 3-ou if 3'ou had not that knowledge whether it is likely 3-ou drew 3-our specifications so as to provide partlcalarly it is very li' ppccla! prov monl. '^ l'i5:5! tion to a m reading tif' been pai.i f Kon'iO sort c water. " 105 J than tho3' railway m '• lOo niation : v according Clearly, c also bear^ " Thu r wliere ilie i tabic matte neer, imimi That goc matter, t '.' li] differcnc was afi.e subject I pimply 1 do not work. written again.-^t earth a ring lb onilian notht! clause tl tion? II any !o the 41 is to M no [•i'icu- bifica- and it' the It was iLor or some con- i this )ared, fblo to /al?— Id the mate- pos- pui'ticakii'ly a;;ainst Iho lo s wLicli will bo ocfa^ioncd hy tho u-o of sucli material ? — It b vo:y likely it' I liad bad iniorin.ition siu-li a> I have now, 1 would havo made special pi'ovi;d(.'n against tiiu ii-o ni lliii malurial,')r wilirregard to its pi-Dpormoasuro- meut. '• lUSUn. 1 iindorslaiid you to s,;;,- tb:it tho conti'actor-; have beon paid for excava- tion to a i!uie'. ^'leate!' vxiciit ihati ilioy have porioiMied tlio woik, aeoorlini^ to your reading of tho i'oiiti\u;t ? — 'I'bey haves nut boon paiii tnoro for the work; tliey hiivo been jiai.! tor what is not rL'j);c.si.nto^l iii the wiM'k. Tlioy havo been paid for moving Konio sort ot .sub.-jtan-e ihat is not in the work iit all — they havo been paid for moving water. " 105i0. Tlien thoy have been paid on certificates for much larger quantities than they were entitled to ? — There is nothing- to rej>rosent on tho ground in the railway Miuch that has boon paid for at this moment. '• J9VU. I undoi'>tarid thai to be the result; but T am asking now for this infor- mation : whetlier i.hey havo receive I ccrtifi.'ates for u lartjer ([uantity of work than, according to 3'our own reading, they ought to havo received under this contract ? — Clearly, clearly. 1 might mention to you that the twelfth clause of tho specification also boars on tho question. It reads : " TliH material to be placed in the erabankraent must be approved by the engineer, and an^ places wliere ihe natural surface of the ground upon which ilie embanlinient is to rest U covered with vege- table matter, which cannot be burnt oil" in the clearing, and which would, in the opinion of the engi- neer, impair the work, the same must be removed to hia entire satisfaction." That goes to show, with tho other clauses that I havo referred to, that the whole mutter, as far as mateiial to bo u-^ed is concorned, was in tho hands of tho ongineor. '•'19542. I understand that you made a formal report upon tho subject of the difTerenco between tho measurement by Mr. McLennan, and by tho gentleman who was afterwards appointed to revise it, Mr. Boll : have you anything to say upon that subject beyond what your report contains? — It is oimply n statement of tacts. I pimply I'oport tho re-moasurcmont of Mr. Boll's, and give the general result, but I do not go very much into tho question. I just simply sent it in to close up ray otfice work. I had ceased to bo Engineerin-Chief immediately after this report was written— the following day, in fact. '• 111.^13. Jloturning to tho (question of raeasuremont in the embankment as again.-^t tho excavation, is it usual to allow contractors something more than the earth actually found in tho embiinkmont, assuming that you had no means of measu- ring the cNcavrUiori, and were j'uiging entirely upon the basis of what is found in the cnilianUinent ? — It has not lioen usual in my own case, and this contract provides for noliiing of the kind. I sliall nrxd you another clause which boars on the question — clause 8;( : " 'i'iic CDntractor will ' c yah] Ct ;'io work actually executed hy him under the engineer's direc- tions an i Im liis s^ti.'rfuctinn, nt tho i)iice.s stipulated in the contract; but he shall not bo entitled to any ndJilioual iillowauce by reus'.in i.f any changes or alterations." Then again, in chius ' MO : " ii.it finy wiirk, iniiti'i'.'il or tliin.Tdf any description what'^o'ver that may ba omittoi from the S|if c.'li.Ml.ion or e.atiMit \v1m.'1i. in t le ui)ini'):i of ili'j <'.ig;nei.'r, is nooessar}' or expt'lient to be execu- to'l, til'.-. i.'!iir.M''ti'r .-'■.■ill, I! jt\vithoi:i;ii!i;tg inch oini^sinn, up :)u rec-Mving writ'en directions from tho engineer, p'Tforin ih? same, an J the payment thjrefor shill be at the price for such work given in the Bchedule of prices." " r.'S-il. In clause S9 you road that ho will not bo entitled to any additional all o'vaiieo by leas ui ol'aMy eii-inges or a'lorations ; tho words referred to are in the section ? — Yes ; thoy are u-^od. " l!)r>4"). Do thoy not defnio t!;e purli^'ilar JiUcations therein alluded to?— I dill u')\ d(.eni it necessary to use these worl-*, bectiuso i had not road the ])rovi')US part of the clause, but 1 .^hall bo glad to real tho wh:)lo. It points to tho fact that tho eiiginoor will bo at liberty to make altera:iop.s which ho may doom expodient in tho giados, tho line of location, the width of cuttings, the tillings, tho dimensions and character of structures, or any other thing connocte'l with the works, whether or not such changes increase or diminish the quantities of work to be done. "19546. And the clause applies, therefore, to those particular alterations ?—i Certainly. Then in clause 91, in fact almost every clause in the contract points to the fact that the contractor is to be paid for what ho does and not for what ho does not do. " 19547. That would hardly settle -ho question whether, when he removes spongy material, he does not do something ? — It refers to what ho does under the engineer's directions, and not what ho does for his own convenience. *' 1954S. It is not necessary to discu-ss a question of law; I suppose the point is, whether the contract promises to pay him for moving this kind of material by the yard ? — I have no hesitation in saying that had I been present he would not have moved very much of it, or if he had it would not have been measured up in the way it was. " 19549. It is quite possible that the engineer may control his movomentH so that he might not have so largo a claim for this material under the contract; but that is a matter about which., as you wore not ■present, I do not wish to ask yon, and I understand that you do not consider your^;elf responsible for it ? — I look active Bteps to put an end to it the first time it came to my knowledge. " 2-975. Do you Avish to add anything to your evidence touching the measure- ment of the muskeg excavations, or any other matter connected with the sulijcct?— In reading over my evidence on the muskeg material, I find it terminates rather abruptly. After question 19,548, I think it would havebeen wollhadit been followed up by some other ([uestions, or if 1 had volunteered then to give some explanations wJiich I >vish now to give. " 21976. Please proceed with them ? — I will give you my views with regard to the muskc<> question. There are certain leading principles by which I hold aa engineer ought to be governed in dealing with public works under the Government. First, the engineer is not a contracting party, ho is simply an executive officer appointed to see a contract properly carried out, and justice done alike to tlie public and to the contractor in the matter of measurement or other things. His judgment "hould be guided in the contract and the specifications, and in such contracts as those under consideration, every kind of work is intended to bo embraced in the scliodulo of rates and prices attached to the contract. If there be any exceptional or special work necessary to be done, which may not have been foreseen when the contract was originally entered into, and no price fixed for it, the engineer, not being a party to the contract, should not fix it ; it should be established by the principal piirlios to the contrart. Assuming that muskeg is an exceptional de-cription of work, it is quite clear to my mind that the engineer should not have the power of fixing tla' value by increa.xjng the quantity of useful work which that material will produeo. li a solid yard of embankment formed of muskeg, is worth I'.viceas much as a yard of conimon earth in an embankment, in that event tho contractor should receive donlilc price, but the Government is the only party that should fix the additional ])rico for {ho. use of that material where it is necessary to be used. I shall endeavour to illustrate my views by taking a case in which the solid contents of material in the formation of a Bection of railway is 1,000,000 yai-ds, and the price of earthwork is fixtd nt 'M cts, per yard. If this section be completed with earth it would cost So30,000, h,.'^ if earth cannot be had, and it becomes necessary to employ moio expensive materia! for which no price has been fixed, the engineer should not fix it, it should not he in his power to fix it or to allow the contractor compensation for the use of the new and more costly material by any process w^hatever. If the new material is worth twice as much as earth, I hold that the Government should fix the price, and that the engineer should not be called upon to certify that there are 2,000,000 yai-ds f>t earth in the formation of a railway section while there is only 1,000,000. if it be light and proper to pay the contractor 8660,000 for the work, that is reckoned at ()(> cts. per yard when executed with muskeg material, then the price should be made as I have stated, yards of mil way: 2,000 Of course, i same, but t being the 1 ■would not I yards whil before this I am not o there is aV greater co embank m( "219 that it wo what you " 212 said \\ w<. quantity ficates. presrtion there, b'J vaied: if not knov to nioasi quantity contract not say in the \ of me as materia difficuV as they j'sl u to u pub! li- no n w is th did were t the cr imp bee I for iust; some retui to so cipU hold pric Gov who out thei BUg SfcouT.", in the '="»■=,»■;,;'';& ctu,»S U.o ,>.or«'- '^h«.M ;■ , j\,,o «">.i-»' woukl not be calloJ upn f" ™'" Ji„B 1,0110,000. It !■'« l"-^" ,,,„ .„,l„v,ikm>3n . ''^-:^. X''«"S^t th^at it b„» b^n -t^;|. X Vo emu..."-- : .' .'-" there, but that it ^«^^^'\ """.tatement of the argun eut ^^ J^^ \ ^^,„^,ia bo imi...;Ml 1^ l«t«d- is not that a coiTCCt statcmY' ^^_^^^^^ j^^j.^ ^hat a ^^ .,,,,:(,;, lUo „„t «,y that '\°Sre4 /'lt.-a'-'°.\ ""«>'' \'Slo„r^^^ '."°'''"- "'"" "' in the m-ice. i tlunK ovv,ij ^ q^. eauin^., « Of mea uring two yards for one ih ^^_^^ ^^^^^ ,,,,o -T-.0. YOU a.ov.e^y -^- S;ln-^^^^^ difficuUy suggested becau^o^^l;^^^^ ^l^^^^^^l^nt-uinly Ki-u ». the as they .cmam -a in t e ^^^^^^ ^^^ ^^^^^.,^,,, ,_it difficulty ->g^«f ^(,^^^r"^ crubankuKMU. 'l^ -^ ^ 1 ^ i -^'tainly given as they rcraam linaU> in mo ^ ^ ^y tuiybovU .'— i' fnni •ludit has not been advancta y „,, ,. .^ I umlev>taiul it ^^^^^{^^1 it i. not cor™.; ,^,f i;-SL:^/;^ -^-;:ts ;i;:^ sr St^T^^^p ?Sai no";sry i,Sr .vJ jr^W > return:, tlio oxpo.wo '« ,"^.^; ' , ( ,a j„w,i my (o,.. .it ""^^ ;, ,,,„liiu. o ,'» '"'• .•""'o to ,„ ,„uob m.;ncy^ O o ...^^.^J^ „„„„. exa«. y « .»; ,^^ i.„y. If tbcvo ^ ; "O cipio is wrong- i^'-, "",„ ,„atoil in prW.'-.^'S ."".,,„ Hovcimncnt, ixn'i ",'.,„ Buggcted as to the meaBurement, ^ 44 Yon, ii! t'lvinL^ oviik'iico (jpon u former occasion, stiifl that (ho Hpecification pormUtod nn cuiriiiocv to OMliinuti' this mii>!vt';^ iu;itori;il upon ;i o oik.' chiiwo in the sjhk'I;! 'alion pniviilcl llr.it wlioro it was impDs- aiblc !o incusiiro (ho matei-ial that then an unusual rule mij^ht ho apoliod, intimating, ns T miilor-tiiipl it, th.".( il was impossihlo (o moasuro tlio inalci-lal ri'Oiu the place fi'oin vvhit'h it lia! fir-t hocn taken. Thai was the dillieulty whicli I uiidofstooii had been fiig^ostcd by yon, ami whieli led to tho application of this partieulav clause in t'le sp. 'iticatiMHs— thiit was o;(0 (litH'/uIty; tho other was not tlio inear-uiini^" in tho omhaiikmont, Inil that upnn the le-nioasuremcnt in 'he mua!ik!nent at any day. '■ 2lt>S2. I h".vo no!, yet seen that any pcr.son has KUggosted any difficulti-^s in measuring tho omhankments?~My invariable custorn has been, in connection with those works anJ other works, (o iiv'.'o the difficulty at once, and I am not; reflecting on any one when I sa}' this, for not taking tho course I did ; but I think it is a mistake in principle to allow this to go on until tho end. I think when it was first di-'coverod that an exceptional kind of material was to be used in tho work, that was the lime to take tho bull by tho hornb and bring tho maLtor hiifore tho Govern- ment, and throw tho responsibility on tho (Tovornraont as one of tho contracting parties to deal with it. Ilomomber, I am not in favour of paying tho contractor loss thtin what it cost him. I think tho contractor ought to have a fair price for his work — a liberal prico for his work for that matter — but at tho sain time the ])rico3 oii!.^!it to bo fixed in a regular way. I do not think the engineer, or any one of the cngincMrs, or any one of his assistants, should have the power of fixing the ("ice direedj' or indirectly. "21983. That is beside the question. I do not think that in any part of this investigation it has bocomo a matter for serious consideration whether an engineer miglit make a new contract for the Government, and I do not understand that is a point in the dispute. I have understood you to say that it would not be proper to certify that there wero 2,000,000 yards in an embankment, when in fact there was otily 1,000,000 : now, do you remember any certificate at any time i^iveu by any engineer in which he certifies to tho quantity in an embankment? — Ho cortitioa to the quantity in tho work'. " 2i98-t. What is the work ?— It is the railway. " ..19S.'). B.if do you '.einoinbei", at any time in your experience, an engineer certifying loqnantilios in an einbaidcment? — I have done it myself. '' 219-'(;. Uiiier what eircumsttuiccs? — Under circum.-tanccs not unlike these? " 'il!*-'7. And did the cortiiicato purport to state the quantities in the embank- ment ?~TI:o certitiealo stated exactly on tho face of it what it meant, and every ccriifioate ought to do the same. " L'ir)>S. I'ut as [ tlid not see it, I cannot toll what was in it : what did it say ? — So many yai'ds of earth \r- the embankment. "■Jl'J89. Did tho contract provide, in tho caso to which you allude, that the ;|U:ii)t!livs might bo measured in tho oinbankmont ? — The caso to which I refer was sini:ily a contract of thi-; kind : the contractor was to receive payments for so much oarth oxcr.va'ion or cai'th work — earth excavation means earth work. " LiniV). T)o you moan that when you contract for earth excavation at so much per .'. rd th:i(, (he quanllty rom:)i(!ing in tho work is a fair criterion ? — Xot always. " :!.{'. I'i. I'lit is it l!ie '^•ase ?— There are exceptions to ordinaiy rules, and if this is II' it nn exception it ou2. We are getting away from the matter ui.'or investigation : you mean, perhaps, that it oaght to bo provided in (ho specification to be exceptional ?— It o;'.ght to bo made exceptional the moment the difficulty arose. " 21993. Do yon say that under this contract, and under this specification, you conceive it to have been a right course for the ongiaoora to certify tho quantities in any einbuuki out, in iny.ii '• 2r.)9-t. rial shall be in tho specif '• 21995 I am n I No; " 2199C " All excf be deemed ea ^Uow mo i' " 2199 show that » 2199 docs not m ment of th produced I Inea^ure tl building. " 219 would pro while othi « 22( would hu measured ba^is: in the ^•peci more nee the respc i( 22 could bo subsc'iui only bo of a spai from th i. 2 nsfcrtai ■catcd ^^ in this " ti docs nc make i is iiol much ordina mater other I. cortit) titles lion, They 45 fnlttod I i nary [mpo.s- ;iting, t)lace W had |iiH! in [in tho thoir Jit tho liify in i'^^ in with lecting it is a [s first k, that (ovorn- cting !■ less [')»• his Ij)nce3 it the ice any «iiibaukmLMU ? — The rigi>t cour.-^o to pursue is exactly tiio oiio I have itoimoil out, in my judgment. '• 21I);I4. Aro yoii aware that tlio-io s|)0('iti('ati')ns iirovidcs us to how thi-t ninto- rial shall bo esLiiautod, and how it shall ho classed ? — Tho word nuislvcg is n )l iDiiud in tho spocification. '• 2I'J95. Aro you aware that thoro is a clause whieli covers oxa'-tly t!ii-< ca^e? — No ; I anri not aware. " 21996. Aro you aware that in wub-rioction 3 of clause 17, the.--o words aro Uhcd : " All excavations of whatever kial, with the exception of olF-t.ike ditche3, foitid iii clause 13 shsll be deemed earth excaration? " — Allow raeto refer to another clause with respect to earth ex'.avation. *' 21997. But you have not yet answered my question ? — Yes ; that would t,'o to show that this niu^kci^ material nii<^bt he called earth. "21998. Under the specification ? — Under this particular specitication, hut this docs not make tho mutter any better. Tho diffioully is with rci^ard to tho measuro- ment of this poculiur kind ol' earth. I hold that we ought to pay for the us' 'i ellect produced by tho work ilself. The same iu a bi idgo or building; wo > Id not measure tho stone in the quarry, wo would measure tho solid wall in tho bridge or building. "21099. That would depend on tho contract, would it not? — Some quarries would produce a very small proportion of building stone and a great deal of debris, while others would produce a very largo proportion of building stone. " 22000. Don't, you see that to make that at all an analogous ou' o the contract would have to reeiio that tiie man was to be paid for tlii> building by wiial was measured in the quarry— it is not usual to make coiitiac-ts \'ov buildii;g on sucti a basis: in tiiis case the woik was to be paid lor by the amount excav.aled? — I adiuit the specitication docs rot cover the amount >uf!irientiy well, mkI lionoe there is tho more necessity for bringing it before the Government at an early stage, and throwing tho responsibility on the Government. •■' 22001. You assume, as I understand il, that although the quantity excavated could be ascertained, tho quantity excavated ought jiot to bo prid foi-, unless it was subsequently etlective in the work? — Ttie quantity of useful material escavatod could only bo a-certained in the cmha)d pr<;viied ly t!iO spe-ihcaiior.s. '■ 2".;u05. Is the amount exvaviirod of ui-diiiary c;!.- t!i material the basis for tlio certificafes of the woik, or is it llie i|Uun!ity in the erabanknv ni, or do tiie.-e quan- tities differ as a rule? --'rhi' quantity of material i:i tbi'- work i.-, without any ques- tion, tho quantity ih'st should bo i>a;d for under the certificate. " 22UU(j. Do lhes(! qnanlltios diU'er, ;is a rule, when 'u-oM'.ary o.irth is used ? — They differ slightly when ordinary eai tli i' used, br.i not to any great extent. " 22007. About what extent ?~l curiiot tell ai this uitnie-.t. 1: varies. 46 "22008. "Well, the average? — There are different opinions about that. Some hold there is more, othei's less. It depends on what stand point you view it from. The contractor who is paid one way will argue one way; the conti-actor who is paid another way will argue another way. " 22009. I am asking your experience as to the relative proportion ; whether the earth excavated gives any criterion as to the amount in the embankment ? — It does. " 22010. What criterion ? — As to the proportion of one to the other, I cannot tell you at this moment. " 2901i. Could you not say near it ? — The one is not very much different fi-om the other. " 22012. Is it somewhere about four-fifths : is tuere not a difference of between eighty and 100? — It depends on whether it is tand, or clay, or gravel. " 22013. That is not answering the question ? — I am not prepared to give it to you now. " 22014. "Would you sny this : whether, in any of those cases: earth, sand, or gravel, the certificate is hii DOGUME Letteu Or Oi of Si Counc Pacific S-VNDI Coi'V Eaih cons have the perl' that 4<7 Some from. fs paid lether ?-It :;annot It fi'om [it ween [o it to [nd, or )n the cases, those As soon as I returned to the country and discovered there was a diflBculty, I gave ordorn that no further certificates should bo issued in the contractor's favour until wo ascertained what the nature of the diflSculty was. "22023. Could you say about what time you first knew of it? — Yes, by refer- ring to a letter which I wrote. It was about the end of 1878. I have sent for the letter. " 22024. You have spoken of the system of measuring the quantities loft in the work instead of those actually excavated ; it is generally understood, I believe, that rock makes a larger quantity in the embankment than its cubic contents before it is excavated ? — Tt does. •' 22025. What is the rule about rock : is that usually measured in excavation ? — Yes; that is always measured in excavation — always. " 2202G. Why is it that it is not measured in the embankment? — Because it can be very readily iiioasured in excavation. The muskeg material, I hold, cannot be accurately measured in o\cavation — it cannot be measured at all. ■' 22027. Then, do I uaderdtand your objection to measuring it in excavation to rest on the impossibility of measuring the quantity excavated? — Yes; my objection to measuring muskeg excavation or to measuring anything else. " 22028. Do I understand you to say that when this first came to your know- ledge, I mean the difficulty of measuring muskeg material, that you instructed the engineers under you no longer to permit it to be measured in that way? — I at once took steps to ascertain tlie precise nature of the difficulty, and gave positive instruc- tions tliat no certificate thereafter should bo issued in the contractor's favour. " 22029. You mean based on the quantity of muskeg taken out? — Yes." APPENDIX No. 11. DOCUMENTS RELATINO TO THE RETIREMENT OF MR. SANDFORD FLEMING FROM THE OFFICE OF ENGINEER-IN-CHIEF. Letter from the Secretary of the Department of Baihcays and Canals, enclosing an Order in Council appointin;/ Mr. Sandford Fleming to a position combining the Of/ices of Consult inij Engineer for the Canadian Pacific Eailway and Chief Engineer of the Intercolonial Railway. Department of Eailwavs and Canals, Canada. Ottawa, 3rd June, 1880. Sir, — I am directed to encloso, for your information, a copy of an Order in Council, dated the 22nd ultimo, appointing you Consulting Engineer for the Canadian Pacific liailway and Chief Engineer of the Intercolonial. I am, Sir, your obedient servant, F. BliAUN, S'icretary. Sandford Fleming, Esq. Coi'Y of a Jleport rf n Committee of the IloMrahlc the Privy Council, approved by His Exi'elkncy the Governor (icneral in Council, on the 22nd May, 1880. On a Momorandiun, dated 1 1th ^May, 1S80, from the Honorable the Minister of Hallways and Canals, having I'ciercnce to the Intorolonial Eailway, stating that a considerable number of suits brought against the (rovrjrnment by the contractors have been loft undecided ; that it would bo a very difficult matter for any one except the Engineer who was connected with the work from its inception to satisfactorily perform the service of finally adjusting and settling such claims, and recommending that Mr. tSuudlbrd Fleming, formerly Chief Engineer on said railway, bo reliovod 48 from tho duties and responsibilities connec:ed with the oflSco of r^n^ineor-in-Chief of the Pacific Eailway, aid bo rc-appointed Chief Engineer of tho Intercolonial Eail- way, to investigate the uotiettled oJaim8 which have aripen in connection with that undertaking upon which no ju Iif'i:'.l decision has been given, and i-cport on each case to the Department of Riilw tys and Canals ; Tlio Minister considers ii important thi t he should continue to have tho benefit of Mr. 1' loming's professional skill and judgment in important matters connected with tho construction of tho Pacific Eailway; ho therefore recommends that that gentleman be retained as Consulting Engineer for that work, for the purpose of affording advice and assistance in that capacity to the Minister and officers of the Department. The Minister further recommends that Mr, Fleming be paid a salary of six thousand dollars per annum, while (discharging tho combined duties of Consulting Engineer of the Canadian Pacific; Eailway and Chief Engineer of the Intercolonial Eailway. The Committee submit tho above recommendations for Your Excellency's approval. Certified. J. O. COTE, C.P.C. Letter to the Honorable the Minister of Railways and Caaah from Mr. Sandford Fleming submitting reasons for declining the new position assigned to him, Ottawa, 7th June, 1880. Sir, — The Order in Council of tho 22nd May, has been communicated to mo by tho Secretary in a letter dated tho 3rd instant. By it I am relieved of the active duties and responsibilities of Engineer-in-Chiof of tho Pacific Eailway, and appointed Consulting Kngincr. I am named Chief Engineer of tho Intercolonial Eailway to investigate the unsettled claims that have arisen during construction. In tho nine j-ears I have acted as Engincer-in-Chief of the Pacific Eailway, I have given my best eftbrts to carry out the instructions and wi.ihes of the Govern- ment; my labors have frequently been harassing, hut I have exerted mysolt to tho utmost of my power to advance tho work, and I have done all I could to promote tho general interests of the Dominion in connection therewith. At this stage in the ]»rogress of tho undertaking I may recount what has been accomplished. Tho question of practicability with the difficult problem of I'oute has been successfully solved. The most exacting labor imposed upon the Chief l"]nginoer has been performed. Generally s])ea''ing, the whole design of tho Eailway audits multitudinous works have been consiuercd ; diffic Itics overcome ; details arranged ; f)lane prepared; specifications made; contracts framed ; modes of procedure e.stab- ishod ; operations for cai'i-ying on the work systematized, and instructions to tho various executive officers issued and put in force. So much having been designed and organized, tho duty remaining consists chiefly in general supervision and ciinyini; out what has been arranged and determined. I can, therefore, relinquish the po-ition I have so long hold with a feeling of confidence for the luturo, and although difficul- ties which no foresight can guard against may pi-esoi't themselves, I am justified in saying that every contingency that may be anticipated has been considered, and, as far as ])racticable, provided for. flaving front its inception been so actively onga;;ed in connection widi the undertaking, and in formijig and matar'ng the organization for carrying it to com- pletion, I shall never coaso to take a deep inteiost in tho grent work, -.md 1 will always be willing and ready to give my advice und render all tho service in ray power towards tho establishment of the railway s^-stem to tho Pacillc. But my nomination to investigate tho unsettled claims wliich have arifcn in tho construction of tho Intercolonial Eailway phiccs mo in a position as embarrassing as it is unwelcome. The service is not strictly of an engineering character, and it could 49 phief of Eail- |h that jli case I benefit 1 nee ted [at that Ipose of of the of six halting colonial scaicoly to pcstiiblo to neloct a duty moro distasteful for mo to pei-form, oi- one for which, with my antecet'onis in the iiuitter uf I'ux.- claims, I apjie:t.r loss fUf.cd to act. The diflkulti(s nov. to bo invc&ti^atcd ai:(l set! led niodiie mainly to the adoption of a ]'o!icy entii'-';- I't r-' 'lance v/itL the views! h'.;ld, and the recommendations made by me when Cliicl" Ergineer of the IiiteicoU-nial Eallway somo years ago. They have arisen ihron^'Ji the disregard of the earru^t and re].cii.'ed vsamings which I gave in letteis, < fficia! and unofficial, addressed to the Head of the Government during the early stages of construction. I r* spectfuily submit, therefore, that I am not the person to make the investigation. "Whatever decision I might give, or what- ever report I might nuike, the party to whom it would be adverse would be in the position to ohallerge it as the result of j)rejudice or feeling, and to insist that it was adopted to fit in with opinions pieviously exjjreesed. The service proposed to be assigned is so full of complications that I can foresee it will be one utterly impossible for me tojtcrform with any hope of giving satisfac- tion in any quarter j however just my decision, I wdl be exposed to the charge in Parliament, and in the press, that it has been my aim and object to sustain my pre- viously expressed theories and opinions. The Government likewise cannot fail to recognize that in a matter of such im- portance, involving the settlement of claims amounting to several millions o^ dollars, all ground for hostile criticism should be avoided. My sense of duty has always led me to servo the Government as best I could in ever}- position in which I have been placed. In this instance, I feel it a duty to point 01 t that no good result can be attained from deputing me to attempt the settle ment of the Intei colonial Railway claims, and that it does not appear to me expedi- ent that I should enter upon the investigation. In declining this duty, I am aware that I will bo terminating my connection with the great railway works of the Dominion, to which I have given the best seventeen years of my life in the responsible position rf Chief Engineer. It will especially be painful for me to separate mysc^lf from the Pacific Railway in its present condition, but the terms of the Order in Council leave me no alter- native. Accordingly for the reasons set forth I have respectfully to ask the Government to allow me to decline the new position assigned to me. I have the honor to be, Sir, your obedient servant, SANDFOKD FLEMING. The Honorable Sir Charles Tupper, K.C.M.G., Minister of Eailways and Canals, Ottawa. Letter from the Honorable the Minister of Railways and Conah acknowledging the receipt of letter from Mr. Sandford Fleming declining to accept the position of Cunsuliiny Engineer of the Canadian Pacific Railway and Chief Engineer of the Intercolonial Railway, Office of the Minister of Eailways and Canals, Canada, Ottawa, 10th Juno, 1880. Mv Dear Sir, — I have to acknowledge the receipt of your letter of the Ith inst declining, fur reasons therein stated, to accept the office of Consulting Engineer of the Canadian Pacific Eaihva}- aiul Chief Sngineer of the Intercolonial Eailway which will bo duly connuuiiicated to my colleagues. Entertaining as I do the highest estimate of your ability and intogiity, I cannot but express my great regret that you have not felt it onJe(l, publiahud by pormlssion, that I am uo longer in the Gover.iment sor%MCo. For the past seventeen yoai-.s I huvo served under successive Administrations as Engineor-in-Chief (»r important public v.orks: lirst, the Intercolonial Railway and, moi'e recently, the Pacific Hailvvay. I cannot co:ise to act as I have hitherto done without thinking of aiy past relationship with the many who have aided mo, and I cannot retli'i' from th.- | jsil'on 1 Iiave so lon^i; heM without bidding farewell lo those with whom I have been asso(;iated. In undertakings ho gigantic, involving questions so complicated, it is not pos- sible to avoid differen(;es of opinion and such diificulLios as are incident thereto. But thetie difficulties have been exceptionally few, and they have been far more than com- pensated by the exciHidingJy agreeaide relations which have generally prevailed ; by the genuine satisfaction which has arisen from the performance of duty ; and by the engrossing chai-actcr ot the work itself. As the head oi the Engiucoring St.iiT to whom the Government has looked for opinions and repoiis on all luestious ; as the officer held x-esponsiblofor the direction of every operation and the organization of every detail from the first explorations to the present time, it is ^'th peculiar regret that 1 break my connection with the Pacific Eailway at this particular stage. I cannot conceid from the members of t'i^Staff that I would have iicrforred to have remained with them to help torward '.lO more complete fruition oi >)ur joint labors. But circumstances have exacted that it shall be otherwise, and the time has come when my professional connection with the great undertaking into which I have thrown my best energies must close, ^ On the other hand, I conceive that I may, with legitimate satisfaction, look back on the progress which has been made. The vast territory in which our investi- gations have been made is no longer a terra incognita. Our labors have successfully pierced the formidable barriers imposed by nature, and every problem of practica- bility has been solved. Construction is being proceeded with at different points, within a range of nearly 2,000 miles, and in a little more than another year the com- pletion of at least 600 miles of the i-ailway is assured. In that short period a line of communication will be open within Canadian territory for the influx of settlers to our great fertile wilJorness, destined to be the home of millions. In retiring from the office of Engineer-in-Chief of the Pacific Railway, I enter- tain the kindliest feelings to each and to all. I shall always retain a warm recollec- tion of friendships formed during my official career, I shall delight in hearing of the prosperity of my old associates, and I shall watch with deep, may I say with patriotic interest, the development of a national work which it has been my high privilege to assist in bringing to its present condition. Again, with cordial good feeling and best wishes to all — Farewell ! SANDFORD FLEMING. ... * To the Members of the Engineering Staff and Other Officers.