4^^'^"'. l^i^^U^A'^^^ri- ■ 111 ) r fl^-'^ •* TO THE ix •i^ COMMITTEE ON CLAIMS APPOINTED BY THE ^Itv^ BOARD OF DIRECTORS OF THE }\ HORE RMLWAT •W'T *ii>Wi^iff^'^« *^* QUEBE6 : T?R[NTED BY C. DAKVHAU sU ■■ ■'?" 187^5. BIBLIOTHBQUB DE LA VILLE DE MONTREAL COLLECTION GAGNON dOC^f 2q Iformc ir>Sl» I -'id / / TO THE COMMITTEE ON CLAIMS APPOINTED BY THE BOARD OF DIRECTORS n 'A'&310^ OF THE 30041 HORTH SHORE RilLWAI COHPANY, "*' '""'^*"W •^^'^ Mn**«v«-'va. QUEBEC : PRINTED BY C. DARVEAU. 1873. -vf TO THE COMMITTEE ON CLAIMS APPOINTED BY THE BOARD OF DIRECTORS OF THE NORTH SHORE RAILWAY COMPANY. GrENTLEMEN, The reference made to you, has been made, as it is well known to the Board, to inquire into certain claims, which exist for the reimbursement of various preliminary expenses which are indispensable in the initiating and organising of all great projects, but more particulary of an extensive railway. To put into motion public opinion, to bring the necessary pressure to bear upon the public authorities, to secure the influence of those who are power- ful in the localities affected, to reconcile conflicting in- terests, and to guide the whole into a harmony of action, requires not only great personal zeal and attention on the part of those directing the movement, but a very consi- derable expenditure of money in incidental and perfectly legitimate expenses. At the time when I, in conjunction with others, undertook the task of reviving the North — 4 — Shore Railway, the Company had not any pecuniary means whatever, nor was there the remotest chance or hope of obtaining any, but having resolved upon the prosecution of the enterprise, in the expectation that the expenditure would nbt b6 great, 1 entered upoh it by advancing my means, and through the effect of unforseen obstacles I have been led into an outlay which would never have commenced had I originally contemplated the extent to which I was unavoidably led. The Board feeling that these obligations must be met, have adopted the course of refering them for examination to your Committee, a course of proceeding whose convenience is obvious, and in ac- cordance with which I shall offer full explanations to the Committee. The claim which I now prefer is to be reimbursed expenses incurred by me in promoting this enterprise during a period of now upwards of five years past, and the best mode of explaining it will be to give a succinct account or history of the proceedings of myself and certain of my friends, in connection with the undertaking during that period. It will be satisfactory to you, Grcntlemen, to know that the first point, the existence of the claim has been conceded, and that to you only remains the duty of defining its shape and amount. In an undefined form the claim has all along been admitted by those who during that time had the control of the affairs of the company, and was only desired to await an opportune moment to take it up and put it into some definite form. So much was this the case, that those charged with obtaining the necessary legislation to reorganise the company, provided for this very subject and have given you the very highest — 5— sanction for acting in this business. With a view to the ultimate adjustment" of this account, the Legislature of Quebec, by the Stat. 84, Vic. chap. 22, Sec. 12, enacted that " The expenses incurred by the said Company and the obligations it may have contracted up to the passing of the Act and which may be lawfully due shall be the Hrgt charge thereupon." This statute passed, as expressed in the preamble, at the request of the Company, sufficiently recognises the existence of certain claims, and none other then existed than those herein refered to, which had to bo met. And indeed it is well known, to those cognizant of this legislation, that the clause was inserted, expressly to enable Ihe Company to deal with this particular claim and others of a similar character. As the time has now arrived when events point to the auspicious termination of the labours of the company in the completion of their road, and that the provision to be made for the future expenditure of the Company will be limited to that for the actual construction and management of the Company's works, it becomes an imperative neces- sity for the Board, as it is its desire, to look the back inci- dental expenses in the face, and to make provision before the absorption of all its assets in the construction contract, for the discharge of those obligations, incurred in the early stage of the reorganization of the company, which cannot be overlooked or avoided with either justice or honor. It is to meet this desire and the present action of the Board that 1 have prepared the present statement. I may at once assert, that the whol' of the outlay in curred and made in reviving and promoting the enterprise of the North Shore Railway, amalgamated with the Piles — 6 — Railway, and by means of which it has been brought through numberless diiliculties to its present encouraging condition has been borne by myself and by Mr. P. B. Vanasse of Three Rivers, liy means of these indispensable preliminary expenses and an expenditure of money which attends all such undertakings and by the great personal exertions of Mr. Vanasse and myself, the North Shore and Piles Rail- ways which had long been abandoned, as projects hopeless of achievement, were revived and resuscitated and have been placed upon a foundation such as to insure their ulti- mate fulfilment, hi making this statement I do not wish to detract from the value of the services of those who co- operated with us, but 1 claim for ourselves the merit of having originated the idea of bringing about the construc- tion of these roads under the existing charters, and of ha- ving perseveringly followed it up with labour and with money in every field where these could be usefully applied, and without the expenditure of which these enterprises would long since have fallen through. In order to make my claim perfectly clear and to en- able your Committee to be perfectly aware of its nature and extent, it is necessary that I should narrate the principal cir- cumstances connected with the course I have pursued, and point out the occasions, though not all, which gave rise to a large expenditure of money. In this narrative I shall have to mention many things well known to the Committee and indeed to the whole community, but which must ne- cessarily be stated in order to furnish a consistent and con- tinuous account of the events which have culminated in the present position of the Company. In the year 1853 an act of the Parliament of Canada — 7 — was passed incorporating the Morth Shore Railway Com- pany for the construction of a railway along the north shore of the river St. Lawrence, between the cities of Que- bec and Montreal. Subsequently, in 1857, another act was passed incorporating the St. Maurice Railway and Naviga- tion Company for the construction of a road from the city of Three Rivers to the Grand Piles, a point on the St. Mau- rice less than thirty miles north of Three Rivers and where that river has an inland navigation of seventy miles to La Tuque. These companies ultimately became united under a power of amalgamation granted to the North Sh(»re Com- pany. The first enterprise, from the impossibility of ob- taining capital, and from the adverse inlluences brought to bear, speedily fell through, and received, as was univer- sally considered, an eternal quietus in the construction of the Quebec and Richmond Railway which supplied, it was thought, every want for railway communication be- tween Quebec and Montreal, so that the North Shore Road was definitively abandoned, and not one man in a thousand knew otherwise than that the charter had expired. That was indeed the general impression and when the subject was spoken of it was with regret as of a project of the past, in the abandonment of which, the interests of Quebec had been sacrificed to powerful influences. To renew an ap- plication for a new charter, was so hopeless that it never entered into the minds of any, and indeed, seeing the past failure, and the influences against it, such a request would have met a decided refusal from the Government, always hostile to the expenditure of money. The Piles Road, however, was always a cherished pro- ject with the people of Three Rivers, as it offered them the im- — 8 — mense advantage of connecting the city with the great source of its prosperity, the vast lumbering land in the north, the mineral resources known to exist, and the navigation inland of the St. Maurice. But that project also attracted so little notice, was so exclusively local in its benefits, and being dis- sociated from the lost North Shore Road, that it also faded from mens' expectations and even from their thoughts. More- over it had lost its promoter in the late Mr. Turcotte, who would no doubt have kepi; it before the public mind and have brought it to a successful termination. The public attention as to railway communication was completely diverted elsewhere, and it is impossible to describe the utter oblivion into which the whole subject qf the North Shore and Piles railways had fallen. The desire however to construct the latter road continued to animate some persons in Three Rivers, whose occupations brought its advantages under their special notice, and in the years 1866 and 1867 communications were made to me by Mr. P. B. Vanasse of that city, to the efiect that Mrs. Turcotte held the contract still in force for the construction of the Piles road, and he thought she could be induced to part with it for a consideration, and the price was fixed at twenty thousand dollars. After con- ferences with Mr. Vanasse, necessitating, for both, many trips between Quebec and Three Rivers, |and seeing that by a donation of 1,500,000, acres of land to the road, which had been made by the act of incorporation, there was a basis to build upon, a decision was come to, to purchase the contract from Mrs. Widow Turcotte, which design was carried into effect on the 17th March 1867. The c-iaim for this appropriation of 1,500,000,. acres of — 9 — land for the construction of the Piles Railway, having been made upon the G-overnment, was met with a determined opposition. The attitude of the minjstry was unyeilding, and being sustained by the feeling of the house of assembly and by public opinion il was impossible to enforce the de- mand. A long discussion in the press ensued, which at last placed the subject on the basis that Government was under the obligation to aflford a reasonable assistance to the railway. Although the claim was perfectly clear under the letter of the law, it was urged, and not without some show of reason, that the grant contemplated the united enter- prises of the North Shore and Piles Railways, the latter being only a branch railway. It was known or perhaj)S only sus- mised, that powerful influences had secured this enormous grant to a line under thirty miles in length and it was felt to be impossible to face the hostile attitude of the G-overn- ment backed by public opinion. Matters thus came to a dead lock, and the North Shore Railway being considered as abandonned, the Piles its ac- cessory, deprived of the Government grant, became an im- possibility. This state of things cannot be better expressed than in the language of Mr. Chauveau, the leader of the Government, who in his letter of the 26th January 1870, announced his determination to oppose the Piles grant, but expressing himself as favorably disposed to the united en- terprises of the Piles and North Shore Railways, added that ^' the latter scheme was then abandonned. " It was clear that under this expression Mr. Chauveau considered the Government relieved from all future obli- gation, and that his letter was to be looked on as final. — 10 — Nothing daunted by these almost insuperable difficul- ties, resort was had to every imaginable expf^dient, to ac- complish the object w hich had already absorbed so much time and attention, and had involved me not only in actual expenditure of considerable amount, but in obligations to be met in the future. My attention was naturally directed to the condition of the ISorth 8hore Railway enterprise, which seemed to be the key to the position. The more influential portion of the public was apathetic, the records of the Com- pany were destroyed or lost, and no light could be obtained to discover a foundation on which to reconstruct the scheme. It was obviously necessary to start anew, wipe out all old proceedings and liabilities, and to treat the mat- ter as if nothing had ever been attempted. An examina- tion of the law sLiowed that the Charter was still in force, though about to expire, and most unexpectedly it was discovered that the North kihore Railway had a legislative dotation separate from that of the Piles, of 1.200,000 acres of land, ix.aking for the two roads a total grant of 2,700,000 acres. These lands, which at the time of the grant were little esteemed ; s a means of raising capital, had by the lapse of time, the augmentation of the lumber trade, and the general increase in the prosperity of the Country, be- come of greatly enhanced value and, to my mind, afforded a sufficient basis for the reconstruction of the enterprises in question. The Government could now be boldly ap- proached with a complete answer to Mr. Chauveau's ob- jections and be called upon to fulfil its obligations. But previously public opinion had to be roused to put us in a position to take this stand. By the provisions of the law the Hon. M. Cau.chon remained president of the Company. I — 11 — approached him. with my arguments, the force of which he, at once, perceived, entertained the project favorably, and has ever since rendered his powerful and efficient aid to the undertaking. But what was the condition of the Company we were about to galvanize into Hfe. The books and records were burnt or lost. With difficulty, from a few scraps of paper, we obtained some knowledge of the names of the stock- holders ; money, of course there was none; and there was not a man in Quebec w^ho would take a single share of stock. Yet money was indispensable ; to look for stock was out of the question ; but means available for expenses must be had. The City of Quebec had subscrided $1,200,009, but the subscription had fallen through ; the same was the case with the subscriptions of Three Rivers of $oO.OOO, and of the county of St. Maurice oi ^200.000. It was resolved to revive there subscriptions and to add to them those of all the couuties between Quebec and jMontreal,' as lying on the route and so, being interested in the road. After efforts w^hich it is impossible to detail, numerous voyages through the Counties and to Three Rivers, conferences with the leading men in each locality, the end proposed of obtaining subscription was acromplished. with the exception of one or two Counties, and although the rural subscriptions, being conditioned upon securing a complete subscription through the entire route, fell through by the defection of the County of Champlain, an event brought about by political influence, those of Quebec, Three Rivers, and St. Sauveur still subsist. As to the rural subscriptioris, the loss of them is not felt, as they were burthened with conditions which rendered them - 12- .nore onerous than profitable, and would not now be accepted, but on other and more advantageous terms. The Government now perceived that their position with regard to these enterprises was entirely changed, by the circumstances above detailed ; and being besides forced by those and other measures to inaugurate a railway pol- icy, they gave us reliable promises of a fair measure ol support. In the prosecution of this work I was also forced, as a matter of necessity to call in the aid of Counsel, to ascertain and examine the legal position of the various matters under consideration, to interpret the various sta- tutes and point out their effect and bearing, to direct cor- respondence and assist at interviews with the members of the Grovernment and other skilled persons with whom the business brought me in contact. Counsel at my instance was heard before a Committee of the House, and before the Municipal Council of Three Rivers on the subject, first of the land grant, and secondly of the grant of one hundred thousand dollars which was ultimately obtained from Three Rivers, and assistance and advice was obtained almost daily on the different matters which came up for consideration. The result of all was that the Company was put in possession of $1,000,000, of stock subscribed by the City of Quebec, $100,000, subscribed by Three Rivers, and a reliable promise, which has since been fulfilled, of efficient aid from the Government. Things being thus placed in a satisfactory state in this Province, the next step was to engage in the scheme capi- talists, or at least persons who, with their own influence and the prospects they opened, could command capital ; for — 13 -- howover engaging a" spocuhitive schomo mny appear, it is idle to place it bci'ore the world, unless under the sanction of well known names, persons well acqnainted with all the avenues of capital. *The second stage of the project and the most difficult was now reached. Accordingly 1 lost no time, in communicating with friends in New York, and was obliged to make many and prolonged stays in that City, not only to address directly those whom I had a pecular opportunity of knowing, but to seek persons who could present me to those whose business it was to take hold of such speculations, with such a recommendation as would ensure attention. Accordingly, at different times 1 induced several gentlemen to visit Quebec, to examine personally the capabilities of the project. Among these 1 may mention Dr. Durant of the Union Pacific, who 1 have reason to believe would have entered in^o the scheme but that he was then engaged in buikUng a roud in the difficult region of the Adirondacks; Mr. Courtright ; Cul. Jackman ; Samuel B. Smith and other eminent railway men. who at different times, during one or two years, were induced to consider the undertaking. At length the present contrac- tors undertook the construction of the road, upon the credit of its resources, and without any reliance upon private stock capital. Added to these exertions, the cause of the railway had to be advocated and defended in the press of Quebec and Montreal, as was done effectually over a consid«^rable period of time ; hospitality had io be extended both here and abroad, on a most generous scale to all gentlemen who were invited to connect themselves with the project or or ward its interests, and open house had to be kept for — 14 — Uiat purpose, io roceiv^o them as gnobis over long periods of time. Among those whom I i'eel it a duty to mention as having- rendered most valuable assistance in this matter is Mr. "Wincbell. He was induced by me to come to Quebec to promote this scheme and to do so he remained in Quebec, a guest at my house some twenty months or more, incessantly occupied, in interviews with public men, in calculations connected with the statistics of ihe road, its construction and working expenses, antl in writing lor the press andan correspondence. These labours necessiiated IVequent vovages to Th^'ee Rivers, 'he Counties, Montreal, and New York, and it is to his pen we owe the pamphlets and maps which have exercised so great an inlluence iii the organizaiion of the Company. 11' cir- cumstances have prevented jlr. WincheU's connection wiih the Company, being permamently established, he has peribrmed a work with that intention, wh-ch had to be executed by some one. and which I doubt could have beeu done by any so efficiently as he has pe^'lbrmed it. The directors know the staie of the stock account, and the cash assets of the Company, and that in the past the condition was still worse. Is it not natural for them to in- quire from what source all these preliminary expenses came. The expenses themselves w^ere indispensable, were perfectly legitimate, and if there had been any paid up stock would have be.Mi charged to it. The books of the Company will show that no expense of the kind has been paid out of its assets. I may IK'S well state, at once, ^hat the whole of these expenses have been borne by myself and by Mr. Vanasse and that no oiher persons have contributed in — 15 — the sliirhtest dojTr(?e. I wish, here, in justice to Mr. Vanasse and lo myseli'to define our respective positions. Mr. Va- nasse having i ginated ;he Tiles enterprise, embraced it with enthusiasm and not onlv forwarded it wUh all his in- flaence, which is great in Three Jtivers. but pat into it all his available means, besides devoting to it his labour and time. Having myself a greater command of money than he, either personally or through friends, my expenditure has much exceeded his, and the sphere of my exertions in Ca- nada and the United States being" much more extended, called for a greater ouilay. A desire min'ht be felt ibr the exhibition of the details of this expenditure, but to give it is dimply impossible. It commenced in the beginning of the year 1867 and has scarce yet terminated in 1873. Among the sources of expense, are numerous trips to Three Ilivers, Montreal, the United States, of which I not only paid my own expenses, but all those in- cident to the-delicate mission 1 was on ; expenses attending public meetings; advances to numerous individuals for their aid; the cost of writing, printing, advertising; hotel accommodation free to all on the business of the underta- king, and a variety of expenses impossible to detail, inci- dental and otherwise all of which had to be paid largely generously, extravagantly, without any regard to an econo- my which might provoke irritation or create enmity. it is usual in all great undertakings of this kind, to overcome the difficulty of delini'.ig or accounting for ex- penses of this nature to throw them into a percentage. They are in the nature of secret service money, and if it was known before hand that the expenditure would have to be — 16 — accounted for, it would fail of its object. Accordingly, it is the practice, in the initiation of projects of this kind, to se- lect some influential person, with special knowledge and aptitude for the business, to perform those duties, under the name of Promoter, which circumstances forced upon me. This Promoter is paid by a percentage according to the im- portance of the undertaking, of which, the contract price is as true a measure as can be found. Applying this rule one and a half per cent on the contract would amount to $105,500. ^ The claim I now advance is to be reimbursed the ac- tual expenditure of money which I have made on the cre- dit of the company, which the company itself would have been forced to expend as the condition of its existence, an ad- vance which none but mytelf would make, and is in fact a loan made without other security than conhdence in the success of the undertaking, and in the honor of those to whom its future management might be entrusted. If to my claim for actual disbursements, I were to add, as I might rightly do, the incidental loss to my business, the employment of additional help, the absorption of my capital, and the remuneration of my services, it would be greatly augmented. 1 have long since regretted having engaged in this undertaking, but having become involved in it, it was impossible to recede without sacrificing the fruit ot my exertions, the money I had already expended, and without breaking engagements I was bound in honor to keep. I am prepared to give to the Committee such personal explanations as I hope may satisfy them. The Committee can easily ascertain the incidental expenses incurred by the — 17 — present contractors, since they have undertaken the work ; these expenses are plain, clear and open, and not like those I was forced to incur, in the many movements requisite to reorganise the Company, but the examination will serve to show that no undertaking of this kind can be carried on without uumberless indirect expenses, other than those attending the mere construction. But beyond this point, no comparison can be instituted, for when the present Contractors met the Company to take up the con- tract, the whole Company had been reorganised and presented itself to them with a most valuable dotation. This had been accomplished, by the means I have already adverted to, by labour and expenditure, from the be- ginning of the year 1867 down to April 1872, a period of upwards of five years. Having made as close an approx- imation as is in my power, to fix the amount of my direct and incidental expenditure, so as to reimburse me, I have fixed it at fifty thousand dollars. Of this claim it is impossible for me to give full details, the origin and occasion of the expenditure I have mentioned above, statements which I am prepared to supplement by personal explanations that I have no doubt will be sa- tisfactory to the Committee. I am. Gentlemen, Yours respectfully, WILLIS RUSSELL. Quebec, Nov. 1873.