. .. -^ CIHM Microfiche'' Series (iUlonograpl^) ■ ■ " I U; ■ ICMH Collection de microfiches (monographles> L^ Canadian Inttituta for Historical iMicroraproductions / Inatitut Canadian da mibroraproductionshistoriquas .-''' -■ '. ■ ' r" ■ •■ . •• ■ as ■■ L • ' •■;'''■' ' .'■■'' :.■■■-.. \ 1 Ttchhieal and Bibtiodrapliic Notts / NotM «Mhni«|u«s at btbliofrapli^ua* Tha Imtituta hat attamptad to obtain ^a batt original copy avaitabia for filming. FaatMras of riiii copy which ^', may ba WbliograplhicaHy uniqua, wtiich may altar any • Of tha imaga* in tha raproduction, or WhiUt may lignificantly changa tha aiualma t h p d of filming, art chackad balow. L'InstitUt a mterofilmi la maillaur axamplAira qu'il V lui a M pouibla da ta procurar. Las details da cat .aMamplaira qui tqnt paut-4tra uniqms du point da «ua Wbliographiqua; qui pauVant modif iar una imaga raproduita. ou qiii paUvant axigar urw modification dans la m*thoda normala da f ilmagi sont indiquM ci-dassous. ' »"»' .."'.'" •■ C □ Colourad covars/ Couvartura da coUlaur . Covars damagad/ Couvartura andommagia □ Covars rastorad and/or lamiiiatad/ Couvartura rastauria at/ou pallfcuMa □ Colourad pagas/ Pagat da coulaur .0 Pagat damagad/ Pagat aiuiommagAas □ Pagat rafltV«d and/or laminatad/ Pagas rastaur4as at/ou pallicultos □ S Covar titia missing/ titra da couvartura manqua i^ Pagas discolourad.. stainad or fpiiad/ Pagas dicolorM. tachatias ou piqu4as □ Colourad maps/ - . Cartas gtographiquas an coulaur Pagas datachad/ P^gas ditachias quM p~n Colourad ink (i.a. othar than Moa or biacli)/ I I Encra da coulaur (i.a. autra quablaua ou noira) □ Colourad platat and/or illustrations/ Planchas at/ou illustrations an coulaur Bound with othar rnatarial/ Ralia avac d'autras documents' Tight binding iriay causa shadows or distdrtion along intarior margin/ La raliura sarrte paut causar da J'om'tira ou de la distorsion la long da lamarga ihtswiaura Bfank laavas addad during rastoration may appaar within .tha taxt. Whmtwt possible,, thasa hava- baan omitted from filming/ II ta peut qua ca'rtainas pagas blanches aioutlas lors d'una rastauratipn apparaissant dians la texta. malt, lortque cela itait possible.'' ces pages n'ont pas eti f ilmtes. Additional coniments:/ Commentairet ^upplemantairet: D D This item it filmed at the reduction ratio checked below/ Ce di^ument ett f ilmi au taux de rMuction indiqu(6 ci-dettout. HShowthrough/ Trantparance ■0 B □ Quality of print variat/ Qualite intgale de rimprettlon Conti|iuous pagination/ Pagination continue Inchidet index(et)/ Comprend un (des) index Title on header taken from:/ Le titrederen-tCteprovient: ■,'■■. . V ■ ■ . Title ^ge of issue/ Page da titre de la tivraisbn I I Caption of issue/ Titre de depart de la livraison □ Miatthaad/ Cenerique (periodiques) de la livraiton m lOX;" X-. ux . ■* 18X 22X 26 X * ,30 X * 3 i #• •». iv 12X 16X 1 ;■■; ., »■ * \ '■ V.' 20X 24X ■f. ■ . i 28X . . 32* Th« copy fllmid Hwrm has bf$mn raproducud thanks to th« a«fi«roMty of : ArchiVM ToroiMo of Ontario Tho imofM appoafing haro ara tha boat quaiitv poaalbto eonaidaring tha epAdition and lagibility of tha original copy and in llcaaping with tha filming contract spacificatidna^ Original copiaa In priritad fjfpar epvara ara filmad baglnning with tha front c^ar and anding on ^ tha laat paga with a printa^C or illuatratad impraa- •Ijon. or tho back covarwh^ appropriata. AH Othar original eoploa ara fitiinad baglnning oh tha firtt paga with a printad or illuatra'tad impraa- •loh, and onding on tha ia4t pago with a printad or illuatratad impraaaton. tha laat racordad frama ori laach microficha •hall contain tha symbol «f*»^ (moaning "CON- TINUED"), or thasymbol ^ (moaning "END*'), whichavaf appliaa. y. ■■' • ■. ,,-;.■ Mapa. plataa. charts, ate., may ba filmad, at diffarant raductlon ratios. Thoaa too iarga to ba antlraly ineludad in ona M^Maura ara filmad baglnning in tha uppar iafti Hand comar. laft to right and top to bottom, a^ many framaa aa ^ raquirad. Tha following fHsjgrama illuatrata tha ifiothod: •....-/, L'oxampiaira filihi fut f aproduit griea i la g4h4rosit« da: • ArchivM of Ontario Toronto ■ .^ '■ Laa imagaa suivaqitaa ont 4t« raproduitaar avae la pitia grand soln, oompta tanu da la condition at da ia nattat* da I'axiampiaira fllmi, at an conformity avaclas ^conditions du contrat da filnipga.. • •• . ^./- ■.• Laa axamplairas originaux dont la eouvartura an paplar aat imprim4a sont filmte an commaivpaint par la pramiar plat at •n tarminant solt par la damlAra paga qui camporta una amprainta d'Impraasioh ou 4:tHustratl.oh. soit pmr la aacond plat, aalon la eaa. Touia |f» sutraa axamplairaa originaux sont fllm^s an commanqant par la ' pramlAro paga qui comporta una amprainta ° dlmpraaaion ou dniluatration at an tarminant par la damlAra paga qui comporta uno taila amprainta. U9 daa symbolaa sulvants apparaltra sur la damlAra imaga da ehaqua microficha, salon la caa: la symbols — ^ signifia "A SUIVftE". la sydfibolo ▼ signifia "Fliy". cartaa. planchas. tabiaaujk. ate, pauvant itra flim4a i daa taux da rMuetion diff«rants. Lorsqua la documant aat>trop grand pour itrV raproduit an un saulcllchA, il aat film* « partir ^ da I'angia supMaur gaucha. da gaucha A droita,' at dP hauit m* baa. an pranant la nombra dImagM n^caasaira. Laa diagrammas suivants iUuatrant la mtftthodsi. (^ -»■ 6 MKXOCOrv RBOUmON TBT CHART . (ANSI and ISO TEST CHART No. 2) •y ^ APPLIED IIVMGE 1653 East Main Strtft {•of^Mlw, Nmt rork 14609 USA (716) 4B2- 0300* PhpTO (716) 288 -5989- Fg« "^^ _.,. ONTARIO. :^iqpK, AND HURON . ., RAILROAD COMPAN"r. I GET LETTERS; lattcra ill €oitttcction «)itl).tl)c ^ffaijra of ll)c ^Boo« Com^aitii. t ;V>^1 V ' ■r Obicinallv fgui-isuED in the " Tokonto Daily Patiu'ot.'' > -f ■• ■ 13}) a 0i)atti)oUcr. ■\ TORONTO: rRIjytED BY aEORGE E. illUMAS & UO. .A?. i ' ■ T: : - ^ ■ . '~ - ■ ': .1 ^ 1 ■ ■■■ ■• . • . ■ '■ ■.' i- ■ " ». ■-..■' -■■:.'.-:' ■ ■ "■ -* « • , • •■^^■^' ■■ '-i-V :■; ' " '::^&Bi'r^^^^!^^^' - ■:■■■■.. *» -. .:. f :,;:■■; ^. "•.■■■ . ■ . ' '■■.-. '" ■ .'"..'■.-'"■' ^ta ^ I ■ •■ 1 ■ . ■MRdMMese INTRODUCTION. " Tnc folW.nR lottor, tcm ori«lnnlly pul.r.Hhea In tW Toronto I>al P.T^'oT ^hoy are cllectca, nn.l now ruLlUhcd in the pres^ fo - . may hereafter l.ee..n.. . .^^^• of i«n."rt.«.tconM.krat.on ^Jl ct1«. or • no^U.e letters are now witinn a eonMms.ufreuay.u.co.«^a^^^^ within- the roach of parties who have any nal.nat.on to ft. o th. n. morO . w!Sl.nsiaeratio:tl.a,th.pevU.alof .y^cwspapcr^^^^^^^ Tha ciroumstanvcs which k''' *" ^'" 7;J; parti««inthiseity. and to nu.t others who »7"f -'I 'l^^^ ^^ , ^^ . Lhjeet of Ilailway enterprise ; an,l it >s to bo »' ^ ^ 1 Losen Cso tlonof the occurrences ;ndproeecai,j^onuo.te.w.htl.ep^^^^^^^^^^ , . lutvo any influence on the juaj^mc.J|u.c puhhc the «"'V^^'"«^ «huilar farce will not ho pern.itted ii^^onceru m wh.ch the puWm ^ fcnvo lin undoubted right of intorferonee. ^ , .„^»w;,.n« n pcr-sinfi these letters consecutively, there w.ll bo found repet.t n, • wl i^h uere unavoidable, in the detached f..n« in whuh hey <.r.Kmal ly - - Ip^ed. For these, the reader will be prepared ; a,ul .« requested to , make all ncccflsary allowance on that score. ,„«.!.- ♦ii« The election of Directors by the Pn^prietor. had iK^en Ht^Tcdoff^^^^^^^^^^ Old Board, as long as possible. The pre.ure f-- ^I^J'^*;;^ ^ with the critical position in which both P.bectoks ;.nd Cohteactobs Y "^ndZ^seWes placed. fn.m the discovery tha -^ -^^T • „en£s done and made, heretofore, were illegal. ^^^^^^^'^^^'^^^J^IX. hie. remkred an Amended Act necessary. ^n Amended Ac wnH ohtlvined. and .KT.a m vx«..V.o. was '^M--'^ ^^-'l I^J"^ ^^ f Board. By this Aiicd Act. " f-ach and AAY Ait. >«atte«, or i»oar«i. J ■ 7, »OR TO BE DONK. nv sucii Dirwtoks and TIIKHl ^t'CCK.S9W«S*'W, ixoamsed and made vai.id . . . Such an enactl4i: n^f "" '^"""«-* = >\ T'" Z, "" , nwn el«ci,l,tio/^mi4^^"lts v^iU ultiniafdy show then.sehes. ^ Tu^"wrffiS.l)i-torsandOontnvct... f;,^^e.1^ dilemma «ver^an;,in« them. For how long. x. me has yet *";S^tBoardhadadviti.e.^.^^^^ tion of Directors, the A.lU,wing letter wan addressed to tl^O bt^ckholdcrs, wn aiW '*'' ^*^ : ' " ■'» Wi4JU w »i " W;lli-^J,-!J---!^-XS^- .; / with llifl view tft cniP»l?« t'l'^'"' nttcntlon in tlie nP<«cw5ty ftf actlnj? upon - tho xpirit of tho K«».oluti«.n of « MflctinK of Fnipriotow, which liad doclarod B want of confidence in the Board :— _■ ' " Tn (he HMcn of Stack in the Ontario, Simrot, and Hnfon JlailnHid. " You rtto aware, by public wKcrtixpinent, that a nifletins of ntocV- lioldcrM hiw iwon called by tho pn-Krnt l>iri«ct.»ri.. t«» l« hnid on tin morrow. «t ilio office of tho C'onipnny, in Wt-|lin;?t<.n Street- near the l»0Ht-4HBcc, at 12 4»'clock mmn, " to c[m»oiw eleven perKonii to !« j'lrwv torn of the miid t'oinnany. to remain in office until the flnit Monday in, the month of .lune, lHr)4." Thin notice han Iwen ri>HUod by the nrcm-nt DiroctorM, under tha proviaionn ttf an amended Act, nvontly obtained by them. ntmovinR doubt* which Ix-foro existed «»f the riRht i>f pr«priet«)r« of Htock to elott. from time t<> time, th© I)ircct(»n< of the Ooropany, m n.conlance with cBtablinhed uHttg«, and in conformity with the Act of ln«orp«>rotion. i i * "It in nocdloMH now trt enquire by what hncuB nocun, or under wliat newly-invcntwl wicnco of mcHiiicriMm, thin amended Act has Itcen pro- vurcd; but " w> // iV.'— to uoe the emphatic words of a certain tinm. Voir are calh^d upon t«» exercise your privilcee f tho Clmrtet, to alter the principle of voting, os proHeril)cd in the original Act of Incorpora- tion ; by which altcratiim a preponderating p«»wer »>f election is thrown into the hands of the -contractors, in virtue of tho peculiar arrangement of recRving, in payment for their outlay, the stort«!k should hove had their feelings and interests consulted in a ii)i>tter of so much importance to tho public, previous to such movemenisos'; yiMe which hajre been made by the Board. You are therefore earh«ft«lj^ if " At present vmir interests are jeopardised or made sMbservient^to objects never contemplated at the time you became subscrihera for f ^ f ^ •emiUHl prti-HHWlW bk a i.ul.lic work, from wl.ul. Kfent i.uJ. m' ».•• -Ht •nnnMrhinK mcrtinif. vo.i will a.linit or nfRntivo Ouh fn. t ; nnKU>" ' . , V- -H, • ■ Theforw of on Hocti^o wan gone through. on the llth DcccmLer luKt, Mui tiM fiiUowinx wuH defkncd to Ihi tho rcimlt-.-r- Vox*)'. . B.W.Smith, .., — • •••• ^•tl'l? • I..•."••'•••••" •"■" _ E. F. Wluttcmorc, • • •• ' -* 'Vl .7- ■/■■ •<> If thfl four thnnniind ft»rpij?n \Mim cirntwl liy tlin dlvUion of th« f;ontrm-tor«' StiMik, iintl i;ivf t)l« ted the LHTTHUS. n tlu^ni, ,xcumu)i u nmnajr.-n..'nt an.l ......tr..! n'.vH|,.'.ti>o of tlu- vifWH ..r wlMus ..f .l.ar.'l.ol.lHH wli.. n.r.' nui.li u.-.v n^t.T..t.-. in tiK. w..rk- tlmn tlu'V w.-iv. Ttn^o I»i..Ht...H. x>l". m- tn.,. aKMun.-l - to tlieniw.lvcH » ih.vmV xslii. I. tl..- x.'iy a< t, nn.l.-r wliul. Uh' tli.-li ni.;.'tn.« w,w nm.n.l.lf.1, lia.l .l.-'laivl to 1ki an il^rtl .•v-niK.«.>t |..m.-r. .1.-1 i...t iKfitat.. to m-ro^at.vt.t tl...n.w..iv.'s (1... ri.,'l.t ..f >V.tl. .oMn.tr all n.t..nna i..n fwn ih>m^ in..Ht Inf.^rvsttMl, an.l tli.-y .li-i Hiin with nniawHly,-l..r tu-y o«,nt.'.l i<..t ^^itl.out their ho.t,-th.. nm.ilt of th.- d.M-tu.n i,n.v..l that th..y W'Tc UuM.o:nin.-.-H ..f n»mt.rs;.lh.-i- than tho ^hm'\uA,U^/ie eoutraelorx. Thow Dinvtorn may i«.IUat.- tlu-.r .•..n.ln.t an. IksI thoy ,uay,huttl»Mml.Hc-tvill vi.-w it h> itK j,n.|.or h-ht ami |'[;";;'"'/;«; jluiAlwntm-cmlinnly; an.lthat ju.tMn..nt will he anv InnfX l.nt llatt.T nj; t their rcnntntion .m puhlic in.,, to uh..n. in n.nH.h.l th.- KuanlmnHh.,. ami pwinition of tin- ^.-n.^ral int.r»H»K of a \>»h\u: C..n.imny Hv tVir rofuwil Uy L'ivo an aom.nt of their Htowanlnhii^ whuh, un.|U.'stu.nf.l, tlioy • Imvo exerdHcHl for a |K.rkKl of two yoaix, tluy i.r.Hlalni to the worl.l that tbettj iH Hoinethinfj conooul.'d which thov .Ian, not avow. Ihoy havo forfoitiHl all daiin to confl.lonect, and tlwy havo aijsuinod to tluiuwlvci* a right ot i.r.M-.»ilin)X ft.l^ voreo U) tho tnic interests of the Company, and at vanaluc with all th..H« wtabliHhod nilcB ami nxajr^^ hy wl.icU other ahWK.iati.nw arc K">vt"<''«^l; yet, uotwitlwUindintJ all this, many of th«*i.nr« again .D»(hU>i-k, Hicy, With the no^v om*, are plmotl thefx', n.A l.y tho Munuiimhty oflov..ntn and the shait'lu.ldons but by tho contraot^^'H wliowi «cr\antH tlu-y now are. From all that wo luivo wen an.l know, what are wo t.» uxjnit from the future mamigemont of thin iJimr.1, but a sum ar txmr«3 ol ion- duet to that which hart markeil tbo i.r.Kwlings ot tlnvlaHtf llu- gw'i.t dissatisfaction of shareholders to their pHH-irdiTiitH is evilu-ed l.y t he taet, I that many arc now taking a.lvantag.i of tho clans., in the am.Mi,le.l .-u- , ' and demsinding back fn.in the Oomi-any tho several in.talmehts which they have paid iu \ximi their bubs^ribcd stwck. 'J he vrociie^lmgH ol tho «. / !*i«S ,— ^• IJoiitractorH in noininaUng tl\e present B«>ar(l of DirccUrH, liave now nssunted a character and a shape which will compel every stock-holder, every rate-payer, to enquire into the state of the Company's affaire. The Contractors, or some of the Directors with them, are evidently pursuing a course for the sole and only purpose of subserving their <>own views and schemes, to the exclusion of every consideration and regard to the interests of the proprietors, and prosperity of the road. ihe .City of Toronto and the County of Simcoe can have but one thousand votes for the £100,000 invested. The Contractore, with their £90,000 at the recent elecUon for Directors, produced upwards of 4,400 votes, and placed in the direction men, who hbwevcr estimable they may be in private life, are not the men whom the rate-payers in Toronto and the shareholders, would have dreamed of. placing there, or intrusting to them the management and cQn(tn>l of an enterprise, in which.thcy have never shewn a particle ofintei^st; and 'whose only interc3t now is, Co subserve schemes aiid objects foreign to the success and piosporityrof the work itself. . '- ^SHAREHOLDER. Toronto, 13th Dec, 1852. n lj:tter II. \ To tlie Editor of the Patriot: \ . Sir,— ^In reviewing the new Board of Direction, it is necessary thai we should not overlook the manner in which it has been constituted. That iBoard has been elected, not by the votes of then* citissen share- holders, the Corporation of Toronto, or the Simcoe County Council, but, by the Contractors, and that in a way too glaring to be overlooked by the body of Shareholders, by the citizens of Toronto^ or by the rate-payers of the County of «mcoe, unless they bliiid their eyes to facts as notorious as the noon daf sun. The Contractors hav$ become the masters, and the Directors their servants. ° Owing to a prevailing want of confidence in the former Board, there were not more than 676 votes of Shasebolders, who had qualified themselves to be v< ivis by pa) ing up their instalments due, (exclusive of the present Board)* The County of Simcoe possessed 600, the City of Toronto 6Q0» the whole with the shareholders, 1676, and against this, number, for each peraon upon the present Board, were polled upwards of 4000 foreign votes upon stock, issued to the Contractors, arid by them split up and placed in other hands, for the purpose of carrying the election, and this^ in^ direct violation of the spirit and ihe meaining of the Act, which de- clares that no proprietor shall have more than 500 votes; uid which ^.\- \ Y- 1 ■i .- .' ■ ;■■><.- I / . ^v. Act precludcH the City of IWouto a gujutor number. A Coiuiuiit»c uf the City Council, pcrceiviiig the jii^Uoii in which matlers Mood, iuid tJiaV the Warden of Himcoe was pre|)iired W vote with the Cim: tractors, eodeavored to effect u cotupromisc, and submilled to the Warden and tlie Contractors a list of t4even names; six of them the nominees of the Coutractor>s tlj\{ remaining five, the nominees oi the City Council. AU^ipugh the Warden of the County of Smicoe voted tor three flfBhis five, y«t tlie whole five were thrown out, and five of the Contifilrs nominees substituted, and elected. Hence the repre: sentaUon of the Proprietors, the City of Toronto and the County of "Simcoe was nullified, and the manugemcnt of the affairs of the Com- pany' vested ii» the hands of the Contnictors; for they have placed u[)on the Direction men who Will supfwrt the measures and movement!* of thc«c who have thus put them in power. It, is now clear that the scale of voting was altered, and made so broad, as ettectuallv to set all othtf interests aside but those of th.! Contractors, aiid that, too,- without other interests havinjjgbeen con • ..suited. ,; - '- 'V ; V-' ■. ■ Since the election the Board have appointed Jpstiph C. Morrison to be the President. Two years ago ho subscribed for 100 shares, and upon them he paid the sum of ill 2 lOs.; from that period to this, has he paid up any further sum? or any one of tlie several m sUUments required under the By-laws^ the Company, to the making of which he was a party ? It is publicly asserted that he has not ! and" that on the day of electidn he stood in this anomalous position : he wasnot qualified to be a voter-^biit he became Director, and has since been elected the President. If this Iw the fact, is it not prepos- terous that this gentleman, whose actual stake in the Company i is only jEt2 10s., should preside over its affairs, whilst anqther whose paid up Htock amounted to £300, nnd who hiis also a farther sum of £1200 invested in the Company, should be kept out of the Direction by tlie Contractorsf Which of these two men evince the greatest in- terest and confidence in the progress and prosperity of the work-^he who jKiys up £300, and takes the bonds of the Company for a further of £1200, or he who has only paid the sum of £12 lOs.? To which of these men. would the shareholders and the ratepayers of f,he City of Toronto and the County oi Simcoe sooner trust the administration of their affairs? Frdm this fact alone, is it not apparent that there is some latent, some chiselling scheme that has prompted tlie contractors to adopt the course they have pursued— a cou«*e of proceeding that will militiite greatly against their own interests? for it will create suspicions as to their fairness of deaUng which, otherwise, had never been aroused. They required no board of Direction submissive to their wilL Thch- contract was their protection. Let them perform and fulfil it fairly and honestly, and they could exact a rigid performance upon the piart of the Company ; and they would also secure the Gov- ernment Ouaranteo, though they diff not truckle '« f/>e iippoinlmeiyf ■I ..' ■ : <*> 10 ofjitneptt C. Morrison ox Prexidcnt, in ordor ti> obtain it. Their best interest were to imve supported ii board of Direction that would have civen a character and n confidence to the undertaking; » board of l)ireetion elected by those who have ever evinced a zeal and an interest in the enterprise, and proved that zeul and interest, by the paid up stock they represent ; or lliey had better Bare abstained from voting at all, and left it to the Municipalities and the shareholders tov have elected the I ''^" I. But a board of Directors elected by the Contractors will . • -ip it with a character— not such as will induce new subscriptions for stock, or former stockholders to continue upon the stock lisL.mny thiit an opportunity is nlFofded ©f withdrawing from the - (Company. The result of this election has stamped the undertaking with a character that has destroyed the Uttle contidence that remained in the minds of some as to the advantageous results to be derived from, the road. This is proven bv the various demands that were immediately made by stockholders to receive back from the Company the instalments • which they had theretofore paid in, and to cancel their stock. / ' / A SUAREHOU^ERv- Toionto, Itlh Dee., 1852. • /■ - LKTTKR lU. ' " ■ ■•■ ^' ■ ■ ■. ■>-'.'■■ To thx Editor of the Patriot : S„{__The Contractors of this road have either been duped and betrayed into a course of proceeding adverse to their true interests, bv some designing and impiinciplcd schemer, for the attamment of private obiects, to the total disregard of the advantages of the con- tractors themselves, and the ultimate success of the enterprise ; or they have wilfully Jind designedly adopted the course which they have taken to escape a dilemma, and accomplish their own objects at all hazards. Truth lies on one side or the other of this supposition. I am unwilling to-think them guilty of the latter; but the position m which the former .part of these remarks would place them, 1 have reason to believe, is strictly applicable to their case. To them it has been made to appear, and they have been induced to believe, that the Government guarantee to which they are entitled would be withheld from them, and that they would not be allowed t(» participate therein, except the Presidency of the company were se- ' cured to Mr. Morrison. That gentleman, bemg m the confidence of .the Contractors, knew "how to play his cards," md what parties^ to place upon the Board in order to secure this office imd its anticipated •idvantaecs. lie knew what private influences could be brought io hPrvr upon tAvo, at lov^t, of the perss elected, in reference to the >r -#--'■, -'^ •< u ->r -#-'•, A ter.»iuu8 of tl>« ruutl at Lake Uuiuii, whoieby to^secuic ll.c. votos in his favor as President. As to the rest, few of them know httle. ami - cured loss, about the matter, provided their friend eould real, a vuh harvest from his schemes and intrigues. They were regardless whellu- tfio road became a proliUiblc investment to sharelioldeis generally', and a source of revenue to the city of Toronto, or otherwise. To achieve the great object, however, which the road was iiitemled , to accomplish, other means than tliose now pursued must be adop ed ; 4ind the management and direction i.f tlie Company's aflans must be resigned to other hands, having an actual and heavy interest in .the prosperity of the undo rtjxking, lest iU future prospects be blighted^ ' Hfe terminus at the north must be carried to the best and sciurrst- harbor, irrespectiv6 of private interests, a>id not with any view to the eniuuiceraentof the value of property whicli raay^hnppeii o be owned by a DiBKCTOK of the Company. . The successful operations ot the ' road muit be the first consideration ; and its prosperity can on y arise from the trafficit will draw by affording to the extcnsiyc nliipping interests of the western lakes, a safe, secure, and c<.mrao. 'I'liis b(idy of Directors, so coiislilutcil. aokiiowlcdgiHl no roRponsi bility to any one, not even to tl»c proprietore,— whoincunHcqiience t»l an unpardonable defect in the act of incorporation, too late discovered, tliat they (the proprietors) were precluded exercisinf,' that right, so common to all associations— that of electing from among their oo- shareholders such parties io be Directors as might have the contulence of the majority. Hence originated that distrust, that want of confi- dence in the management of the undertaking, which deterred so many persons of worth and respectability from becoming subscribers for stock, whose names would liavc given character and weight to the under- taking, and inspired a confidence in tlie enterprise. It was the fact of the Boajd being thus a self-constituted body, and subject to ao control, that caused subscribers for stock to heflsk to pay up any further instalments. Of the £15,000. taken ^ by private stockholders, only soiaie £375 was paid up. However, this Hoard of " self-constituted Directors have, during a period of two years, exercised a control in the administration of the fJompany's affairs, which, prior to the recent amended act, was discovered to have been iilkoai.-, and in this act, procured by, and at the urgent instance of these Directors, to fortify themselves against the consequences, it is provided that "KACli AND EVERY ACT, MATTER OH TllINO TIRRETOFORE, DONE OR tO BE done" by the aforesaid Directors, shall be legal and valid, ^c, Ac. By the amended act the proprietors are permitted to exercise the right of voting for Directors; but the clause which confers this privi- lege has been so devised that the city, of Toronto, the County of Sim- c(M, and all individual shwreholders combined, could not, at the late meeting exercise the power of electing their own Directors^— that power was held by the Contractors, who exerted it successfully, and six of the former self-consU'tuted Directors, are now elected Dihectohs by the Contractors. It was in vain that the shareholders asked for in- formation relative to any part of the affairs of the Company:— this was absolutely refused upon the ground that the Directors were not obliged to afford any. , ' ^ ■ Can it be, that men professing high honor, and strict integrity of principle, would hesitate to accord to the proprietors of an association every information relative to the manner in which they had discharged a trust, whether that trust had beon assumed by themselves, or had beenconfided to them by a constituency, and particularly as to th()se «act9, matters or things heretofore done or to be done," which they had found it necessary to apply to Parliament to make valid and legal? . , ^ J If the condition of the affairs of the Company were so deranged and unsatisfactory, that it would reflect little credit upon their man- agement, knowledge, or forefflght, would it not haVe been more manly, honest and straightforward to have come down to the recent general meeting of stockholders (the first that has been held), with a true state- ment in detail, of the actiwl position of i^oh affairs ? And althougK the , ■ V ■ li -J 1 . ■r \<; r *• 14 ^ 'refiult of Hlich 11 coiiisf of jiiXKiuuding, luiglit not eMUiblinh ii chuhiclur proving tlicir cwinpetcnoy to control iiiid direct li work lilto thJH, — 3jet tljeir bumisty of intention, woiil A SHAREHOLDEa Toronto, Dec. 30, 1852. .'' . ■'■■. " M< ' LHXTKll V \ Ti/ the Editut of the Putriot : -—. SiB, — ^To iHvenabU'iI to .iirive ;it anvtliir.ji- like an exait staUiMe"^ ot the Conijuniy's afVaii-s, it will In- ncwssary (o rakulate upon mnw giyen terminus at hake Huron. I know Lake Huron well, :nid I am familiar with the iucoulpiuable adviuitages whit'li some Imalities on that lak^ otter over othere as a terminus, presenting all tho«e attractions whivh a fit, swuro, aifd ciimuioilious iliarbour cioi do to ensure the trallie of the west and the north-west, a eontingiMuy upon which the success of the road absolntt'ly dt'iKMids. ' I am likewise cognizant of tlui iiisuperalde ditlicnhies to l-e encountered in attem]iting ty cciisliii't artificial h.arhoin's. 15 wlwro naturul olxUidfrt juut i'vposoil |.osij1..iiH i;.rJ.i.l lli.' »*u>, ,'h-jiil .ic coinpIiHliinoiitofHiuhmi iiiijlt'ilakiiisx. l/viH iint lA.w .•iit.f ii|>trthirt/pIiu.V| or out «>f the NotUuvasiiga Bay, against the heavy sea that rolls j/i there fetching from tho north, the north-west, or tlur north-oast: to Work out of the Bay xvould 1)0 her only safety. These ol.jections are <'iyualty aji- plicablotothe construction of a harlKnn- at tho river, sitiylto at tho bottom of the bay; and of tho two positions perhaps tW lion and Ghiokons is tho few objectionabl.'. At this latter, the pi/f to bo con- Btructed would have a 's()lid foundation t^) build upon. 'At tho river, piers must 1)0 run out for the distance of a niilo, and these pit^ix niust .U bnilt upon shifting sand-bai-s and fpnek-sands, wl^ih cliango and .shift with every gale" of wind. To snceeed^n est-ibhshing i.iein they must, in order to obtitin a foundation, get ZicA»//' the i/ithn'iiees of these san.ls; but to do this would cost double tho aniouA ex\.en.ied jjn tho ' railway.— Fields of ice, which in tlu> spring are dri\Vn from the northern shore by the prevailing winds of that season, au.rfroui tho north-west from as for as tho str.iits of Mackinaw, ai-t! driv(>n along the southern shores of the Great Manitoulin, and ])nRsing lietween that isiaml antl Cabot's Head, are concentrated in Noitawasapa Batj. And atiy piers that can bo constructed at the lK)tU)ni of tl>at baj-, will Ik- found Hung back upon its bejjcli amid piles of ice, such as are so friMpiently accu'nni- latetl thera The approach from the lako to the Nottawasaga ri\t'iv often affords a channel caiTying from 15 U» 20 fel the /haniiel is iigain ehanged 16 jierhiiiw to an ontiiwly uuw tUrycUon :— wliiit w U«o dopth of tho shifting muitl-burf ^ With thin iutrtHluction I enter iiiwn the Hubjcct of the nrcwnt condition of the Coinpuiiy'H utliiins and its fittiire i>ioHjp«itts undur tlio syHleui ot nuinngeniout now |)ui-Huc'd. QENKRAL HUMMARY. Canital Stock... ..— .-.... — ^ ^^^X. Loiuw authorized to bo raiaed by Company .. ^ 250,000 ^ Total nicaim under provwioiW of the Act ... il 760,000 ^• PUOUAULB LKNOTII Oy LINK. 'f o "NottawnsJiga Bay will Ix^ about 07 miloH, . which at toiitiw-t l»ri,' Htock, Ay. ; U) provide fw Un-iw £ 1000 add itional per inile Ih rwiuiretl ..... A terminus at Uiis Bay, either at the "lien and Chickens," or atf the Kivcr, will involve an expenditure for a harbour, not less than £100,000. (Thedistimceto the "Hon and Chickens" is son^e niiles futthdr than to the River).....-. Conrteiniy lionriii^ inU-rt-Ht Bonds with Oovcrninflnt (hiumntoo — ••-• Paid up Htock iHsucd tA> thi) coiitractorH ........... X6(),000 /iO,00fr 15,000 60,000 100,000 100,000 .£3G6,000 Portions of this Imt montionod amount of £100,000 Tmve lu^on mw^X to parties in payment for hind anil for work done on tlio road, iti-., Af. The hirpor jwrtion bt-ing held hy tho Gontrattprs t'lialdod thorn undor the nniondod Act, ho uV diviilo iho Stock irn to wlw-t th.-ir own board of Directors, to wcujo to Mr. Morrison, tho Prosidunoy of tliu board, and thereby obtain tiio (Jovcrnniont j^uarantoo to those Itondn, ^liich either had been ri«,ditfully witldicld, or had In'on wroufrfully re- tained from thorn; tlie results of the Iatxjelt«'tioii of a Boafil of DiriKtoi-s, under the provisions of tile amended Act, will ittstity this latter viisw of the ca«3. A moat flaHy ItorrowinRnionoy on the credit of Uio Company, iin.l thereby mcRKAsmo tub I8hu«h ov THRIR BONDfl. It is «itinntfl«l that tho liondu of tho Company, not piarantHMl bv (K»vemm<>nt, cannot l)0 miliziKl at a \om diwuimt than in jht wnt, I am inform*^! timt such Imndn hav« Kmmi sold at Ml jKsr font., dimount. On the firHt thiy of .Inly last, thon? whh lMirn)\v«l from tho Bank of Up|tor .Canada to pay tho intoroMt on lionds held by Mr. Cai>reol, and for otlwr uoos £l ,000 Interent thereon, being tho 6 months cndhig lot January, 1853 ;.... ■ Half vear'B intorent, ondinff48tj)fJ«njiJ<|p 1H53, on Iwndr* held by Mr. Canrfeol . .^CTTlTr. -.'}-.. . ---. -- Interest \\\wn lyomh \muX'50,000.. Interest upon bonds held by Mr. Deni»on for £1,200...... 30 3 no 000 3,000 12 Due for intcrwt alone upon Itonds iwued by the Company. . £5,332 I cannot give the precino dates of the issuing of these bonds, and it is possible that tho bonds for £60,000 were not ail issued quito ayear ago; at all events, tho cakulation serves to exemplify the destroying and ulti- matefy fatal principle upon which the road is attemptui«l liult' yoiirly into tlu> otiko ot ll««ivor-(l«nor«l; himI llid puyini-nt of llim iiit.rrwt, Hnil iiiukinj^ ftind, b M!curu any diviiUin.U cun b« .IwlnnMl, or Hiiy otl«'r pnynuMiU miulo. In carry injt out CttlouliitionH for tlio Kiu-««(.Hliii)j; inul mt^ry Buw-ciwive half y,(MM> of (Jiianintowl UoiuIk, muvA on or about tlio Hi-Ht of January, 186a X 4,500 llllOIVHt on biHuIrt — for £ 1 StOO* isHuo » l,liOO " DcniHon , 3<* " 10,104 i««uo;uarante«l by tho (Jovomment, and also X100,000 in bonda of tlio Company, both bearing interest. It must bo particuhu-ly observotl tliat out of tho Huin of X08,564 raiHwl by bonds of tho Company, only X05,000 hafo liccn paid to tho contractors; tho balance X23,5(;4 has been exliauste^l in expcnww conUn- gent upon negotiating tho bondw, in paying tho interest accruing, upon thein, and also the contingent oxpenses of tho Board of Direction. * JVb/e.— Salary to Secretary is iucreased to JE500 per iwawo, snouw be £260 instead of X120. • ■7 •• ■\ "%■ ■>^> \ Isft.'A If, tli«n, in (ml«r t<> mc«i%o th« niinHint of X()ffJ}OQ,|a|« infblfBr nn \m\M of IxulU for XOH.ndl, what luiiomit of l^n^LiiHpiMi \miml ■ ' hy llw DiwUrm to r«>fili/o iIki mtm of X'.l6;i,'^ft« lu"*"!!^!^* |nMk« iMi thit mito)unt of XHOM.'iflO; iiiiJ nKjiiirtHl for tlWWloiu|il.(tum of tlnMHifa- mill til" <'oimtnutiurt of tlio liarlMinr ^ ' AlKMit tlu* llrHl of July (Ii«t.« w ill hiiv.) lnH-ft Iwimm! of UmkIh Kiiar»nt«'riiiii(tiit X'200,(H»(», aii.l, of \muU of tlm (;om|>»iiy not I««h tliau £108,004: iiuikiiig £aOM,{^U4 4K)UwUuUmt«n«t lit iiccuui^^^ Olriuuly hIiuwii. ^1 ^J* ." Data ImIiij^ tliuH jjcivoii, onliiilntiotm nn to tlifl r«*iill» nro roiuliiy mmlo. Without inirrftiiiiK tlio ••altiiliaioiiM lialf yearly until tlio romlhiw iMxm nttii|-»l(,>t<>ot cent. .,...........,...* 26,478 Total ampont of interest to ^ Jiafelif'jl^' • • • • ,'••'• ^ ^\'P^ By ft reference to railway iW(WPvai^»f the ordinary line« in Eng- land do n.)t eiirn mote than £15 ]wr mile per wwk. AllowinR then £15 iK'r milo ix'r week from tho very ccmmiencement of running tramt, miwt be coiwidered a sum far Wyond what this lino can pros win. i*' iiiv-.ll «.. O.mihU' "« t^''^ «.your, I.H.k at thw ! AimI tlun iwk )..il«»lvw tlw M''«»«|"»— /^ '"'"""'^ mmiM ol y.ni otiu'lit ""t to lm\.' Iia.l a v»u#ih lli.- M.'l.rti.Mi nt 111.11 to whotii w .oi.tl.l.a tli.» iHm.r «.»■ iimkiiij,' y'«"i« "ittnl'iiUuiw worth *..»•«- tltintr or iiotliiiix ? ' , • >• ^ 1 1 _ji I HJiall pay my '**P''t* fny fonn.T HO'tn ny>nn tho mlyn-i (||im Company, I Imvo emlK)ai««l an.l"lai.l M\m lliu pui.iic wu-li Mat.-m^its aiul liulH, 111 fon- nectionWiUi it« projih-ni*, aiit» wlw ill.'uniHy iihHuin.'.l all uriiiaiJtlMvnt uiul control, to have traukly and honwlly tnrniMlio.l to IIm! piil.li. . For tho pnriKWo of nioro *'l.-.M>ly oxoinplifyinuf a«il otal.lmlnnji thctwi utaUiinontM uial faetM, aiul tin* cal.-ulalionrt I Imvo tu«l.', l.iwo.l 111^.11 Hiuh^.> information an 1 |k>«kc»w, I j^o now to tho mil.jinm- Btanc(« preiudiciftl to its lulvancemcnt, and do«tructiv«lof that couhdenco irhich the enteri.ri»> itwlf nu-riteil. An. I it ih liow wHifjIit to b« nurtnretl without tho aid of a shilliii},' of cai)iud, i.y tho DiiectoiM now controljinf? its prwuped*. It wa« u»here<1 cventjiifllyv "udt'r tho ].res..nt cinum- Btance» of it« attains it will oV|.iro in th«* arum of ilw GoyernnK-nt, ior tho Qovemmont Guariuiteo liufl akso paternally ostiihlishcl a »ystoui of CBKDit for its-flnal ropoise. '\ ^ ' .. For all prcjscnt ^unioBets thin ityRtom f »f oroiht may Kuiruo, ami pnssiM^ it may be oft'ectual in pro.lueiiig what every one would wish t.) see, a railroad tO), the north, opiuin),' a communiGation witJi ')»'.♦ vaM^ extent or cotmtry, the value of which can only bo known and 1. . ...eio hy bucIi a \ ■^U> 3 ■I - :'-^-mf~ - ■',■■22 ^ liiediiiia of ' iiitereouree. But, iu ettl-cdiig ihi^great object, certain con- tingencies attach to the principle wliich tlie l^owrd of Directors have adopted as the gixnind of tlieir procoduas perimim not much let* bo than upon the Bcloction of a temjinus'at Lake Huron. This Government Guarantee hjis already l»een mode Bub8er\ lent to ihe attainrnent of objects and ends B»ibVer»ive of every principle of justice, alike destmctivq of the spirit of enteq>rific that adventures, and of those feelings which proinpt and inflnoiict! individuals or cpinmunitie* to aid and encourage a public undertJiking, when its accompliahmeut will, un- questionably be productive of gencrid good. ~ ' Iu the month of July or Sejjtombcr hint, the contiSctors clahned to be entitled to receive JG 100,000 of the Govertnneut Guarantee. The Qovr ernnient withheld it, on the ground that the road had been so unscien- tifically constructed as to justify the refussd to grant the Guarantee; and the contractors were remiircd to maktj certain altettvtions in thewn- struetion of the line belore they could become entitled to ret;eive it. Nevertlieless, the contractors, for some kkabon or other, cherished the hope tliat in the event of ifr. Morrison being appointed the President of the Company, the Government Guarantee woukl be secured to them. Under all tlie ciroumstances, Mr. Morrison, hiid reason to know and feel that the votes of his fellow shareholderB in the City of Toronto and the Connty of Simcoo would never place hun in such a position an to be chosen President of the Company. A meeting of shareholders had taken pl^Ca at whichTesolutions were nnanunously passed, declaring in the most Un(Jualififitl temjp, a total want of confidence in thi9 then Boai-d of Direction, of which Mr. Morrison was the Vice-President, and that meeting declared its intention of applying to Parliament to amend the act so as to enable the proprietors of the road to klkct Directors in whom they could pkce confidence. At this meeting only was it made . known that a Bill had been introduced into the Legislature by the Di- rectors, without the^ knowledge of shareholders, which bill sought to legalize acts dene under the assumed power exercised by the Provisional Duwtors, as well as to alter the&calo:of voting prescribed in theoriginal charter. By this alteration all influence and just power were taken from the shareholders, the City of Torohto and the County of Siracoe, and ■ the management and control of the Company's affau-s virtually vested m the Contractors; who were tliereby enabled to crkate an overwhelmmg number of votes,- whilst the City of Toronto and the Coimty of Simcoe, with one kindred Ihousand pounds of stocky were restricted to but 500 votes each 6ne-ten«h of what the Conti-actors, under Uie amended act, might be enabled to produce. Why was it that the Honorable the Inspector General, Mr. Hincks, Mr. Morrison,, and the Contractors, were so urgent and active in endeavouring to procure to be passed this bill? ,From all that oc- curred in the chamber of the Railway Committee, the promment^ and active part taken by the Insiwctor General in aiding Mr. Mom- son and the Conb-actors to carry thx-ough this bill, in direct q>position M^\ ■*m. \ 23 f^' -,.,,(■. TO TIIK PETITION OF -irilK SHABRIIOtOERS TOKN i.YlSO I'PON THK TAULK 1 or THB CoMUiTTEK, Hiul in violation of those fij^hte whiortion of the interest ;w it lieconies due, or ^^^|mMig fund, iu stipulate)! for: or in ca»o of niKSATirtb'AcTioN on th*Jt<^||pfthe Govern- ment, the latter may foreclose and take possession of tfiS wliolo line of road ani1y of the Company, to the exclusion of all other claim- ants. This hein'ij the Case, that all primary hondiror del>entures or other securities issued bytho Company in payment to Contractors or otlierwise, are wcvM-cil only by a clifim secorid to the Government mort- gage: and tlie^ same principle apiilyinu; to the hi)lders of paid up stock, iasuetl to the Contractoi-s, and l>y tiiem transferred tp other parties in payment for land— sub-contract work, or otjier mattei-s, it follows that all bontl>4 oV debentures of subsequent dates, issuwl for the purpose of raising the means to complete the road, and constnict other work?", will havfrfor tlieir security (*nly a third claim uj^on the road, which, if terminating at an artificial hari)or, to be constructed at the "Hen and Cliickens," will jeopardize its capaacity to pay even the annual interest accming x\i>on the Oovernment fftraraiitee oidy. Here is a picture to look ix\Km, which is anything but flattering to tfie enterprise, or the expei-tatons of stockholders or of bonard of Direction, and cni^uiro into thotr competency to perform a task which they presumptuously hava assumed, and wore I to portray their m'ovenient'S and marvellous per- formincos, I should bo constrained to dosignate them as "/«// grown children;" and although this might bo somewhat amusing, it would perhaps partake t much of pei-sanalitj'. But they as a body are public property, and they have MAoa tbeni- . •elves mine. Either iosorantly or wilfully they have sought to destroy my in» yestments in this undertjiking.— Unliesitatingly they have presumed to pronounce a decision, destructive to the interests of all concerned, and . wholly at varianco with that determination, w hich knowledge and ex» perienco would have produced. In all ages, and in all climes it liaa been acknowledgedged, that " Fools rush, where wise men fear to^read.* Tho character of the stratification, to \ise a geological figure, is some* tiiries ascertained by the Exrvi.« of the fossilized animals tho i-ofck con- tiins, and tho character of the stoekholdera and ratepayei-s of tho Citv of ToRosto, and the CocS'tv of SiMcipE, niay hereafter be illustrated by Bpecimons of the present Board of Direction; which might a(:lvnnt»ge< ously bo preserved for some museum of future days, to aid the speculations of the curious. Not that the things themselves are " rich 6r rare" — but, they will servo to explain why this enter[)ri3e became profitless to stock* holders and bondholders, and a dead weight upon ratepayers; who will all perceive, wjien it is too latn their fellow men sotne great and lasting benefit. To their minds this e>;pedition appears to carry with it an idea of JShh^adventurous and no doubt it will form an epoch, m the cvctl of their existence. , ,i \ Thediscoveries they have made {miqvc»tio,mhhj they were m fothftny were as\ell known to hundreds of pople hf « '^ '«>»f ^-^^ f f? ^J Uie city. These Directors could, witUt lea^.ng Toronto, l'«verecened Hiore icurate infonnation relative to those localities than ""Y on« <>f Er party can now me. The solf-laudatoiy and comphmenta y Sh?™^^^^^^^ to the other on the shores of Lake Huron--the e^onious appellations, whicl.modestly ^^^^^^-^/^l^^^'^f^;,^ coeret^ they applied to places which; lor over ImM a century Imd been ^U known indir other iames; all might have been P^^^^^f . J*",^ wWi equal utility to the public, and benefit to the road and cetaraly wmidTn that Le have^.ved them from the contemptablc posiUon in which their picBumpfion and rediculous vagaries have P!«<^«d . f J"' .;* thev desired to enjiv a picnic party, or h.dulge their juvende fmaes Zlhyma vayagL, ami imagining that they are making ^^'b^o^"^ '" SeVrctiiH^gion., lot them do so at their own expense, l;"tj»;Wle ^* the^Company with the needless cost incurred by the frivohUes of these fulfgrown children. t, i The useless chiiracier and absurdity of *heir proceedings maybe shewn in a few words. Thev arrived at the " Hen and Chickens," and perhap. Ttrfli^t time in their lives, lookecl upon Lake Huron. OklBonEAS happened that day to be in a pkcid mood and smi ed upon their baby JkST^niey pulled out "a short distance f ^ 1««^*'? "1^" ^^^ ^-^^I 5hey pullS ti the island, and looked upon the shore from A^'' ^ '^^ The whole of the vauntea which would break upon the very •hore, on which they Rtood. If they turned and loolctl towanU tlw iSLANn.theywoukl understand that this could atlord mo ihelUr whatever for festela, or protection to the harbor. In a former letter I have Hhewn that this place, knot^n as the "Hen Jind Chickenis*' is situate in tlie bijrlit of the bay of Xottiiwasaga, and affords no fjicility for b<>inij constituted n safe, conimotlioiis, or securo* \ harbor, suitable for the extensive marine of the Western La kes. Ou t^id o ' " of it, there is no anchorage, even where it safe to coine to anchor; and a 8IM0LK (^TEAMKR of thf> class navigating the Western Lakes, could not lay in safety, even thou;;h she might bo enabled to enter it. To render it at all available for any craft, eveii for a fishing smack, piers of tha most expensive character must l>c construct^xl ; imd the very danger of vessels approachin£j> these piers, with the h.'P.vy sea that pets into this bay, and with the knowlof Igo tliat, unless the opning between the pier» can be fairly made, it is ckutain biiipwbeck — will prescribe it as a ponr. Why is it that_ these Directors have resolved to make the terminus at a place like this, involving a most seriously outlay and certain destruction to the interests of the roail ? Wliv is it that they have not once alluded to the magnificent and unexceptionable harbors of Pes-etanocishesb or Hog's JJav, neither one of which would require one shilling of outlay, and never one farthing for repairs ? The distance frt>m liarric is alx)ut the same as to th<3 "Hen and Chickens." The line of road to tlie latter is comparatively level, and a large margin will consequently be left for prolit to the Contractors at the contract price. A line to either of the first named bays would pass ovrr a broken country requiring some heavy and expensive cutting, which would not leave as large a ' margin for profit. But, perhap8,^the most potent reason for going to the "Hen and Chickens" is, that, unless the terminus be made there, the speculations of a certain director will be to him "w» chateau en JSepagne." \ The Company has a Chief Engineer engaged at a large salary Let him be directed to run a line to the "Hen and Chickens "—let liim make a report upon the so called harbor, shewing what number of vessels of the usual tonnage that navigate the Upper Lakes will bo able at one time to lay together in such harbor; and describing its position as rtgards the possibility of constituting it a harbor; let him prepare his plans and estimates for its construction; place the wMo responsibility of its construction upon him; publish his reports, plani and estimates to the world, and let them be open to public criticism. •—Obtain from mariners on Lake Hftron, their opinion as to the fiossi-- buity of constructing a safe, secure, or eftmmodious harbor in any pxn'i ofjHK Nottawasaoa Ray.— Let these Directors do this, and the public will judge how far they have faithfully performed a public duty .. '^-X'. 28 Had thete prelioninaiy iteps been taken, in cbnforniity with the practice of all other companies, and had it appeared that the "Hen and Chickong" could be made a buperior harbor to any of the others, then would the Directors have teen justified in deciding upon that point as the terminus of the road.— Then would I and others havO bad no reason to suspect the integrity of their movements. i A SHAREHOLDER. Toronto, Jan. 27, 1862'. ■ir LETTER VIII. To the Editor of the Patriot: Sib, — I now proceed to direct attention to a vatter of vital im- portance to ,the interests of all concerned, and not undeserving the serious consideration o^ the public generally. As Mr. Morrison, styled the President of the company, is a lawyer, and I am not, he wiU be able tj> set me right in the matter, if I am wrong m what I advance. „ ( In tlie first clause of the sixteenth section of the •'Railway Clauses Consolidation Act"— a statute which' now guides and governs all ndlway companies availing themsclvesofthc government guarantee,— it is especially provided, •♦ That no person shall be a Director, unleae he be a Shareholder meninfy stock in his own rif/ht, and qualified to vote for Directors at the election at which he shall. be chosen a Di' rector." Yet in the face of this enactment, known and understood by Mr. Morrison himself, the contractors, by their questionable powers, packed or made up, as has been shown, a board of direction at the dictation of Mr. Morcison; which board of direction afterwards elected - bim President, when it is notorious that he was not qualified to vote, and did not vote at the last election of directors. In such case I pro- nounce, and the law will pronounce, that Mn Morrison is not duly elected a Director, according to the statute; and, consequently, that he is not legally the representative of the sharcholdtrs, or of the Bc^i^ &i President : and that every act, matter or thing done hy him in the capdcity of President, \% unlawful, and in ho way binding uppn the company, or upon any parties having transactions with the cottipahy,' whether by negociations, contracts, bonds, or Otherwise. There arc also acting upon this Board of Directors, two other par- ties, who are absolutely disqualificfd to hold the office of director, by two several acts of parliament. By the 30th clause of the Act in- corporating this company, and likewise by the eighth clause of the sixteenth section of the '' Railway Consolidation Clause^ Act," it is de- clared, *♦ That any person holding office, place, or employment^ oi^he- ^^ kv««"».;^ 29 the Hen lers, that tiavd ^^ \ tta- I the rison, )t, he hat I auses , ns all ;ee,— ' iinless led to % Di- rstood )wer8» it the lected ' vote, I pro- duly r, that HM in ike 9n the ipany,' jr par- lor, by LCt in- of the ; is de-. ing eoneerntd or inter fled, in any eoniract under, or mth the Com- pany, if incapable of being elected a Director. In (he face of these Acts of Parhament, the contractors have placed two of their serf ants ■ upon the Hoard of Direction. Hence wo have a Hoard of Director* appointed and elected by, and under the controul of tlio contructors, two of whom are inelegibic for the oflicc; and a Pr<;Hident made so m direct contravention of the sUtute, he not being qualified to vote at the election at which he was chosen Director, therefore not now qua- lified to act as a Director, much less as PrefidenL And all this is sanctioned and ,8URtained by the Direclors of a cona- pany rejoicing in the imposing cognomen of "The Ontario, 8imcoe» ^ and Lake Huron Railroad Company," and professing to wield a ca- paUl of £760,000! Can the citizens of Toronto, and the ratepayers of the County of Simcoe, under oircumstnnces so discreditable as these, - be surprised to perceive how shamelessly their best interests are set at defiance, and how recklessly all faith with the municipaliUes is biokea? ; If in the constitution of a Board of-Directors of a public company - BO little regard is paid to the integrity, spirit and intentions of an act of the legislature, what in the slinpe of equilf or justice can the pub- lic look for or expect from parlies who can thus wantonly lend tl«m- selves to a violation oCthe statutes of tho c0mUry, either from motives of a corrupt or selfish nature, or others Which may hereafter shew themselves. And here let me ask an important question-— Have they not by this non-compliance with the provisions Al the " Consolidated Railway Clauses Ac^" forfeited their cliiim to the government gua- rantee, upon which the hopes ot the contractors were concentrated, and which they have evinced such anxiety to secure? Or v. ill tlie government also violate the statutes of the country, and accord to the contractors this guarantee, which the laws of the land only Artno- KiSB the government to grant upon the fulfilment of the conditions dttrf /jromocs stipulated for in the act referred to? If the municipalities that have become subscribers for Ike stock of the company— if the citizens of Toronto, who have also subscribed— if the ratepayers, each one of whom is more or less taxed to pay the yearly interest as it becomes due upon the £100,000, which taxation most continue during a period of twenty-one year^ and they (the rkepayei-s) must be farther taxed to provide the means to pay the £100,000 to redeem the bonds issued.— If all these parties are con- tent and willing to submit to such a degrading i>08ition as this, allV power, or even a voice in the management of a work in which they have cmbarkcil their funds taken from them, and vested in the hands ol those whose interest is riot the int<};rest of tlw municipali ties, the , stockholders or the ratepayers. If th "■■■■. 30 cIplcB of nn net of Parliament, and the iiiteffriiy with which it ought to be enforced, then it is in vain for an individuol humble ns myHelf, to raise a voice in the exposure of such nefarious conduct hnd pro- ceedings, wliich no iionourablo body of men would dare lo pursue. It m.iy perhaps bo said, that the public have little or nothing to say in the matter, for that u very considerable number, if not all, of the original shareholders (uiidcr the provisions of the Amended act) are withdrawing, or seeking to Avithdraw, their moncy^hich the* had poid in, And cancel their stock. In reply it may be urgcd^^that every ratepayer who contributes in the shape of taxes for the cdrs Btructiortof this road is virtually a shareholder. Besides, there ore otbers«rho cannot relieve themselves from t,huir position as stockholdem by virtue of the amended act. There arc many who, actuated by « desire to promote this enterprise, and induced by the fair representa- tions made them, have accepted in payment for lands sold the Com* pany, and for work done upon the road, the stock of the Company. AH these parties hold shnros of the Company, nil instalments being paid up in full, and hold their scrip, for stock thus paid up, in respective amonnts of from twenty pounds, up to thr'co hundred pounds. Such parties have or ought to have not only something to say, but something to do in the matter, prior to a Rinf,'le word from Uic so called President, so long as ho holds his present equivocal posuion at the board of a Company to the capital stock of which ho had paid the marnificent sum of £12 lOs, and for what I know to the contrary, has not since contributed any fortlxir aaiount. The books of the company, were they accessible, would prove the fact, When Mr. Morrison has disentangled and rplcased himself from the questionable position in which he stands, that of being the minion of others, it would be well for him,^or for the contractors,°or for \*hom- soever ho may bo acting his.pnrt; to advertise the public of the fact. Under existing circumstances, and overshadowed as these circum- stances are, by a cloud of mystery, accompanied by such" a peculiar tfombinati^ of events already known to have occurred, nny transient gle^m/or»Aa«foM)/n/7 a brightor day, >^ll be hailed as n god-send. Untd this has been experienced, little confidence can be placed in a company whose Directors are so lamentably wanting in the impartial discharge of those duties which they owe to the public. What a pretty '4cttle of fish" have tlio contractors scn-ed up in ihe composition of the present Board, for thp gratification of tlieir own appetites, regardless of the palate of the public, who* have always *omethin,g more or less to say in a matter of this nature I The con- tractors, in their anxiety to escape a dilemma,,' have jumped, '>ow/ 0/ the frying pan into thf-fire," and well will it bQ for them if in the end they do not find themselves pretty well scorched. Against the possi- bthtyof this, however, they had timely ^and/ sufficient warning, and the neglect to act under each warning must/ be placed to the debit '■\ y iiv 'r- ■■t^-~- •\ ;>v f ; . . 31 ■ide of an nccounl which it will be fprtunalo for them if they do not regret ever having opened in Cunodu. Havinff now placed before the public the p^cuHar ponilion in which thia company i» Bituuled-thc manner in which .t has been brought Into iia present »Utc of ihrnklom, and the difllcullkH by which u la, aurrounded in iu coward progress; and shown it to be steeped totho chin in debt, Jay fty du!/ acanniituthxj ; and launched upon n sea of troublq. wilhout jj compass to steer by— controlled and managed by bv a body of Directors, (not the guardians of the interesUi oJ stock- ' holders, but the servants of the c.ntraclors) who manifest their com- ■ petency for such u pasition, by determining to construct a harbour at u locality, (I do not hesilutu to write it) one of the most objectionable that can be found on the const of Lake Huron. Any outlay that may bo lavished there, will never constitute such 11 harbour as will induce shipping to frequent it. IheMIen is aa island of some live or fix acres inextcnt; tlio •' (n.ickens" uro rwks. ■omeclovatcd more or less atoVe, others nrc sunken below the level of the lake. These "-JhickenJi" arc n very numMoud and crralic brood, and are met with in alWirections in the vicinity of the parent " Hen/' and also ihe so called harbour, aud "''-' f^"'»l sti^Wn^ ''f out into the deeper waters, where they lie concealed from the land- lubber's eye; but the sailor espies these treacherous cmUks; he knows mi there/ore hnrs ih? dangers of such a ijeighbourhood. They will most assuredly, ''protect;' in the enjoyment of its primeval Bolitude, the quiet harbour with its expensive piers, from the intrusion of a bustling marine and noisy steamers, although these should brave all other dangers in seeking an entrance. In conclusion 1 repeat, that there i8°.o ifail road, at present projected, which will pay better than this northern line, provided its management be confided to par- ties who are sincerely and honestly interested in its success. And now. Mr. Editor, I beg respectfully to tender you my best thanks for the kindness you have extended to me, m opening your columns to my letters on this important public subject ^ Ihcy have been written with a view to the public advnniagc, and if producUve of any cood.I shall be gratified. I have not attempted to direct at- tention to the manner in which this road is being constructed, as rc- Itards the grades, the curves, the bridges, the eulyerts, or the mate- nals used. These have occasionally been publicly noticed by other parties. In reference to this subject, circumstancea may require mo iipon some future occasion, again to trespass upon your indulgence. , A SHAREHOLDER. ■T^ioj^thFeb., 1853; / ' ' ■• k. > f XI \.f: K. w* • ■ : . /I . . . _ ■ " . *itH' /^^ m. '^ ■ ,. . ■■ . r - - ■ ^ ■ .f ■ ■■: ' . .■.■■-■■.' ■■ B. --";---■ :.. '* '■■ ■ . ■ > ■ / / • , / , ■ ; -J • .i» ■ ;^:^--. ,.■■■■ .V. -. ••-■ ■' > '■-■. # 1 ■ . - . / '■'- *i^j^, .*." > ■ • . p .. -.1 ,. ., 4 '■■■ ' . . .' t** ■ ' ■"';■' ':0 - ' /■ r ,■ /^^ ^/^' 1 r ^ .. * 1 f • , / 1 . * • r '' • % .. ■■*"■■-, { ' /9 1 ■ ,