IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 12.8 Ui m m 12.2 ■ 2.0 ^^ A^ w Photographic Sciences Corporatton 23 WfST MAIN STRUT WiBSTIR.N.Y. 14SM (716)S72 4S03 V V <^. 6^ CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historical IV/licroreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes tachnique* at bibliographiquaa Tha inatituta haa attamptad to obtain tha baat original copy avallabia for filming. Faaturoa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha reproduction, or which may significantly change tha usual method of filming, are checked below. Q Coloured covers/ 2L\ Couverture de coulaur I I Covers damaged/ D D D Couverture endommagte Covers restored and/or laminated/ Couverture restaurte et/ou pelliculte Cover title missing/ Le titre de couverture manque Coloured maps/ Cartea gAographiquas en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or iiiuatrations/ Planches et/ou illustrationa en couleur Bound with other material/ Reli6 avac d'autraa documents Tight binding may cnuse shadows or diatortion along interior margin/ Lareliure aerrte paut cauaar de I'ombre ou de la diatortion le long de la marge intArieure Blank iaavaa added during reatoration may appear within the text. Whenever poasible, theae have been omitted from filming/ II se peut que certainea pagea blanches aJoutAea lore d'une reatauration apparaissent dana le texte, mala, lorsque cela italt poasible, ces pages n'ont pea AtA f ilmtes. Additional comments:/ Commentairea supplAmentaires: L'Institut a microfiimA la meiileur exemplaire qu'il lui a AtA possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vua bibliographique, qui peuvent modifier una image reproduite, ou qui peuvent exiger une modification dans la mAthoda normale de filmage sont indiquAs ci-dessous. I I Coloured pagea/ D D Pagea de couleur Pagea damaged/ Pages endommagtea □ Pages restored and/or laminated/ Pages restaurAea et/ou pelliculAes Pagea discoloured, stained or foxed/ Pagea dAcoiorAas, tachetAes ou piqui Pagea dAcoiorAas, tachetAes ou piqutes Pagea Pages dAtachtes Showthrough> Transparence Quality of prim Quality inAgale de I'impression. Includes supplementary materii Comprend du mfttAriel aupplAmantaira I I Pagea detached/ r7\ Showthrough/ I ' Quality of print varies/ I I Includea aupplementary material/ 1 s T V d e b ri r< n Only edition available/ Seule Mition di^ponible Pages wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pagea totalament ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont At* fiimAea * nouveau da fa9on i obtenir la meilleure image poaaibla. Thia item is fiSmed at the re(*uction ratio checked below/ Ce document est film* au taux da riduetlon indiqu* ci-dasaoua 10X 14X 18X 22X 26X 30X y f n 12X 1IX 20X a4x ax 32X The copy filmed here hes been reproduced thenkt to the generoeity of: Librery of the Public Archives of Ceneda The images appeering here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed peper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ► (meening "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too lerge to be entirely included In one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaire filmA f ut reproduit grAce k Is gAnirositA de: La bibliothAque des Archives publiques du Canada Les images suivantes ont tt6 reproduitas avec Is plus grand soin, compte tenu de la conditioii et de la nettet« de l'exemplaire fiim«, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont ia couverture en pepier est imprimte sent filmte en commenpant par le premier plat et en terminant soit par la derniire pege qui comporte une empreinte d'impression ou d'illustration, soit par l« second plat, salon le ess. Tous les autres exemplaires originaux sent film6s en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symholes suivants apparaftra sur la dernlAre image de cheque microfiche, seion le cas: le symbols -^' signifie "A SUIVRE", le symbols ▼ signifie "FIN". Les certes, planches, tableaux, etc., peuvent Atre filncte i des taux de rMuction diffArents. Lorsque le document est trop graiad pour Atre reproduit en un seul ciichA. 11 est film* i partir de I'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 ■ ] REPLY TO A PAMPHLET, I'l ULISHKI) HY WM. HY. SCOVIL, ESQUIKE, PURPORTING TO CONTAIN A CORRESI^ONDENCIi: BETWEEN HIM AND THE PROVINCIAL SECRETAKY, RELATIVE TO THE ALLEGED LOSS SUSTAINED BY THE PROYINCE ON ONE THOUSAND TONS OF IRON, IMPOiCTED THROUGH MESSRS. NaYLOH & CO., In 185 7. SATNT JOHN, N. B. PRINTED IIY BARNES AND COMPANY, 6(5 IMUNCK AVILI.IAM STHr.^T. 1859. I •'■■< ^ .y. -p^i^^itV^'. ^Hiife.' -<^" ■;^:':r,;. REPLY TO A TAMPHLET, puni-isiiEn lU' WM. HY. SCOVIL, ESQUIRE, I'URPORTINO TO CONTAIN A conRESF^oisrDicisrcji: BETWEEN HIM AND THE PROVINCIAL SECRETARY RELATIVi* TO THK ALLEGED LOSS SUSTAINED BY THE PROVINCE ON ONE THOUSAND TONS OF IRON, IMl'ORTED THROUGH MESSEvS. NAYLOR & CO., In 185 7. SAINT JOHN, N. B. PRINTED BY BARNES AND COMPANY, 0(5 rniNCE william stkekt. 1859. I 1 Wm. liavin pond( statCB the 21 incur] RailA* on pe and 1 volvir adopt any e Tl portk cere i not ft Wi in ful been each ; as it < 1 "I Repo spicec JBarii £2,0( "I cxpla " To til day ( TO THE PUBLIC. \Vm. Hy. Scovil, Esquire, late Chairman of the Railway Board, having published a Pamphlet, purporting to be a copy of corres- pondence between that Gentleman and myself, arising out of a statement made by me in my place in the House of Assembly, on the 29th March, 1858, to the eflFect, that the Commissioners had incurred a loss of £2000 by mismanagement in the purchase of Railway iron from Messrs. Naylor & Co., of Liverpool ; and finding on perusal, that a part of that correspondence has been omitted, and that it is accompanied by certain notes and comments in- volving unfairly drawn inferences, I am compelled in self-defence to adopt the present means of supplying such omissions, and correcting any erroneous impression that may have thereby been produced. The manifestation of unpleasant feeling which pervades certain portions of Mr. Scovil's letters and notes, is to me a source of sin- cere regret, and as I am not actuated by similar feelings, I will not further notice this matter. With the assurance, that if the coiTespondence had been given in full, without any notes, comments or omissions, I would have been perfectly satisfied to have left the issue with the judgment of each individual reader, I now proceed to give the correspondence as it occurred. [Extract from Letter, dated Saint John, N. B., iTth April, 1868.] " I find under date of 29th March, at page 79 of the Official Reports of the House of Assembly, the following sentence in a spicech of yours, viz : " * The late Commissioners had not bought iron through Messrs. Barings, but through a firm, Naylor & Co., by which they lost £2,000 by mismanagement! " I cannot understand how this can be ; will you oblige me by explaining how this loss occurred. Your early reply will oblige, " Yours, &c., «WM.HY. SCOVIL. " To the Hon. 8. L. Tnimr." " Fredericton, 14th April, 1858. " Sir — Your letter of 7th instant, reached mo at Saint John a day or two sinc6, and I now hasten to reply thereto. Tlie loss of t*-J,OUU rotcri'oil to, Hi)pi.'ur» to have been uccasioiietl in the I'ollow- { uii; nninner Tlio lute Commissioners agreed with Messrs. Naylor «fc Co. to furnish a certain <|uantity of Iron Rails, agreeable to certain plans and speeitications, and at a certain price. When these Kails were received in New Drnnswick, it was found that they were not nianu- factured in accordance with such regulations, and the present Com- missioners refused to ])ay the amount claimed by Messrs. Naylor & Co. Mr. Light's certificate, now in the office of the Commissioners, shews that the Kails received are not worth as nmch by il2,000 as they would have been, had the exact specification been complied witli. On the Commissioners' demanding a reduction of the above amount, they produced the agreement, which shewed tliatthe Kails had been approved of by the person employed by them to inspect them ; and the Solicitor General gave it as his opinion that, under that agreement, the Commissioners were bound to pay the claim. "■ The condiUotis then, vjhich jwovided that the Inspection of these Mails should he made hij a person aiipointed hy Messrs. Naylor & Co., led to the loss, certijied hi/ Mr. Liyht, to he i!2,000. It was on these fads that I felt myself authorised to state what I did upon the subject. " Yours, kc, " S. L. TILLEY . " To W. 11. Scovii., Esq., St. Jolin." "St. John, N. B., 2Sth April, 1858. " SiH: — I received your favour of 1 4th inst., in due course, and knowing you were absent, have delayed writing until now. " You refer me to a certificate of Mr. Light's, respecting the Kails imported from Naylor ;ht's eertificate. 1 scnclit to you for your personal information, and ilo not wish its contents made public, without first obtaininLj the consent of tlio Government to such a course. 1 suppose that the present permis- sion will answer your purpose. " Yours truly, " S. L. TILLEY. " W. II. ScoviL, Esq., St. Jolin." (copy.) "European and Noiitii Amekioax Railwav, Ewjineer's Otjice, 30th Nov. 1857. " RODEUT Jardinb, Esq., Chief Commissioner of Railvrays. " Sin — I have carefully examined the Iron Rails delivered by the ' Favourite' and the ' Middlcton,' and am sorry to bo obliged to report that they are very badly rolled indeed. Many of the bars arc ^ of an inch larger on the base than the pattern sent, and an Cfjually large number |- of an inch smaller, entirely precluding the possibility of the Hail making a proper fit in the cliair. The ends of the bars ar ; likewise very carelessly sawn ofi', many of them being full f of an inch off the plumb, so that if the ends of two of these Hails are laid together, there would be a V or vacant space of ^ of an inch at eitlier the top or bottom of the joint, as the case may be, and this is quite connnon. The tops of the Rails are likewise not of the same size, and very many of those already delivered, arc odd Icngtlis other tlian those specified. " We have laid about an half mile of the iron brought by tlic ' Favourite,' and although we have taken unusual care to nuitch the Rails, and have rejected a largo number as unfit to lay at all with the present fastenings ; we have yet found it almost impossible to lay a perfect track with them, the sizes of the Rails being so un- even. I liavG no hesitation in saying that, taking the iron as a whole, I consider it the very w-orst specimen of rolling I have seen. 1 have as yet had no opportunity of tcstiny the quality, but if Mr. ReciVs surmise be true, vis., that the manufacturers have put the best portion of the pile in the base of (he Rail, this will have the effect of rcdueiny the tiltimate durability of the iron very materially. Assuming the cost of the iron in England to be £8 5s. per ton, and adding the commissions, freights, insurance, &c., as well as the carriage to the works in this country, I conceive that this iron, when laid down upon the road, is actually worth at least £2 per ton less than good iron made exactly in accordance with the pat- terns and specifications, and the best part of the jjile laid, where it ought to be, viz., in the top or bearing surface of the Rails. " ' am, Sir, yours, kc, . ■ '' ALEX. L. LIGHT, •' Enirineor." r ! «7 6 "Saint John, N. B., Oil June, 1858. ** Sir — Your note of 27th ult., inclosing copy of Mr. Light's cer- tiHcato or report on the Kails imported in 1867, 1 have received. I'his (lofniinent docs not contain the information I expected, nor does it establish the charfje made by you against the late Railway Board. As I am not likely to receive any further light on this subject, or do I require any more to refute the charge made by you, I will now do so. " Your charge teas, that the late Commissioners^ hy their mis- management^ caused a loss to the Province of £2,000 on an imjtor- tation of Railway iron. On seeing this charge in the published reports, I applied to you for an explanation, you referred me to Mr. Light's report, and from that report I learn that he makes up the sum of £2,000, by valuing the iron at £2 per ton less than it cost, thus fixing the quantity of iron at 1,000 tons. You also, in your letter of 14th April, after referring me to Mr. Light's certificate, say, the conditions then that provided that the inspection of those Bails should be made hy a person appointed by Messrs. JVaylor <& Co.^ led to the loss certified by Mr. Light to be £2,000. Tliere were no such conditions made by the Board of which I was a- member. The order of Messrs. Naylors was for 700 tons of Rails, and ex- pressly provided for an inspector, to be appointed by the Railway iioard. In absence of an inspector from that Board, Messrs. Nay- lor were to employ one, who could be superseded at any time by an inspector from the Board. These were the conditions on which the order was sent to Messrs. Naylors. A small portion, about 100 tons (of the 700 tons of Rails ordered) were made, when Mr. Reed, a member of the new Board, arrixid in England, and visited the works, and the additional 300 tons were, I suppose, ordered by tiie new Board. These being the facts, I think you have failed in o«tal)lishing the charge of loss and mismanagement made by you vgainst the old Railway Board. " Awaiting your reply, I am, yours, &c., "AVM.IIY.SCOVIL. " Hon. S. L. TiLLBY, Frederlcton." " Fredeiuctok, 29th Ju>:e, 1858. " Sir — On my return from Canada, a few days ago, I received your letter of 3d instan<^ relative to the Provincial loss on Railway Iron, and in reply thereto, I beg to state that I difl^er trom you rela- tive to some important facts of the case, and entirely dissent from the co!iclusions to which you would appear to have arrived. " The facts and arguments maybe briefly and truthfully stated thus: " 1. The late Railway Board commission c'l. Messrs. Naylor & Co., of Boston, to import 700 tons of Railway Iron, of special dimensions and quality, and partially agreed for 300 tons in addition. This is established by the letter of Messrs. Naylor &, Co. to you, of date 22d June, 1857. The present Board, immediately after taking office, perfected your previous arrangement, by ordering the ad- ditional 300 tons ; not, however, because you had spoken of them. ■«^ Iway this 3 by or partially agreed for them, but f*>r that reason as well as because it was represented to them that the iron wouhl be necessary. " 2. Under these orders, 1,000 tons of iron were im])orted,and aa Mr. Light, the Chief Engineer, lias officially represented that the iron, owing to defects, is not worth the price agreed for by .€2 per ton, the loss to the Province is, on official evidence, one of £2,000. " 3. In duo course, Messrs. Naylor f your note of 3d instant, with enclo- sures. There is nothino; in these letters of 22d and 2'7th June that alter the facts as stated in my letter to you of 3d June. Mr. Huntingdon, a partner of the firm of Naylor &, Co., was at St. John in May, 1857. At that time 1000 tons were named as the probable quantity of Kails that would be required that season. *' Before the order was sent to Messrs. Naylor tfc Co., the subject was brought before the Board, when it was decided that 700 tons were sufficient until more could be imported in Spring of 1858, and 700 tons only were ordered ; and of this 700 tons, about 100 tons were manufactured when a member of the new Railway Board ar- rived in England, and it appears (^from the Chief Engineer's Re- port) that this gentleman was of the opinion that the manufac- turers were not doing justice in the manufacture of the Rails. Not- Avithstanding this they were allowed to continue the manufacture of them, without an inspector from the Railway Board, although this waf? expressly stipulated aud provided for by the former Board, and not only so, but the present Board gave them a further order for 300 tons more Rails. " With all these facts before you, you in your letter of 29th June attempt to justify the correctness of the charge made by you, viz. : * That the former Board by their mismanagement caused a loss to *the Province of ^'2,000 by an importation of Railway iron,' when you knew that this sum was made up by estimating the value of 1000 tons of Rails, at £2 per ton less than it cost ; and you also knew of this 1000 tons of Rails, 300 tons were ordered by the present Board, and 600 tons more were manufactured under their supervision. " I enclose a copy of a letter from Messrs. Naylor, Viciers & Co., of Liverpool, dated Dec. 18, 1857, addressed to Mr. Reed, as Rail- way Cojnmissioner, for your perusal. " I am. Sir, vours,