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 ^■,\ 
 
 EBPLY 
 
 Of the Bale des Chftleurs Railway Company, to the Report 
 of the Special Commiasioner, Mr. Charles Lapgelier, dated the 26th 
 , Fehruary 1890^ respeoting the Company and it^ Contractors. 
 
 • - . ■ 
 
 i Quebec, 30th December 1890. 
 
 ■****>^<"">|QV 
 
 Hn 
 
 ty 
 
 --"-^c:t^A.^-'- . - \ 
 
Ti BiiiE DKs mmn umw m?m. 
 
 Docomber, A. D. ]8!i(P. ' ^"""J"/ '!'« t'TOnty-seveotl, day of 
 
 ''^oBepoi-tofMr. CI.M-Iesljan.'elior ll„. r- • • 
 
 mto tl,„ f,uble, ,vl,icl, »r„s„ durin Mb (1"^ , 7'°''°°"'''''''''"'<''' '" «>l»iro 
 
 .-act that the «„.|f™e„ anTcmplX! e .' ^'k'' ° ""'" ^"""P""^' -"■•^' tofhe 
 tol not ),=enp,id for several ZtL tL ,1 ™''-'°""«">'-. M. Jlenry JTaoKM-lane, 
 
 o tbeCompaoy do prepare a Memorial ad^e, ' I to miT' ° ""''' ''"'™™ 
 C.over„„r ,„ reply to t„e »ld i,„,,.rt and J.tntT;' Z uo'tVof Z cX^;'' """*■ 
 An i.:x.ract .Vo. t„e Minu.e.s oltbo Bale de, Clear, Ka,-.,v„y Compa.,,'. 
 
 True copy, 
 (Signed) L. A. KomTAiLLB 
 
 Secretary 
 
^ / 
 
 Sp 
 18 
 
 TO 
 
 lias i 
 Pebrt 
 enqui 
 the A 
 
 bat \ 
 11th ( 
 nnliqc 
 
 cm iht 
 
\ ^ 
 
 ^ / 
 
 mi 
 
 REPLY 
 
 Of the Baiu den Clmleurs Railway Company to the Report of the 
 Special CommiHsionner, Mr. Charles Langelier, dated the 26th February, 
 1890, respecting the Company and its Contractors. 
 
 Quebec, 30th December, 1890. 
 
 o- 
 
 *>« '' 
 
 TO HIS HONOUR 
 
 THE LIBUTENAOTGOVERNOR, 
 
 of the PROVINCE OF QUEBEC. 
 
 enquiry into th. troabiM which took- place on !L«K>Vl? '"^°''°'' *» "«^« 
 the Aatnmn of 1880, '^ ° ^°" ''°' Chaleuw Eailway, doriDg 
 
 lUhof Wemb,Ha,t wZa Ist^rafr'' '""'■'6 "-t me a copy ofitonthe 
 Your Commissioner has divided his Report into nire Chapters. 
 
4 — 
 
 IN CHAPTER SEVEN 
 
 he explains his method of conductin^^ this enquiry. It does not appear that Mr 
 Langelier notified the Company respecting the said enquiry. As a tact, the Compttn>- 
 was notified, by telegraph message, only after the Commissioner had closed IiIh 
 enquiry on the claims against Mr MacFarlane, and alter I had romarkod upon this 
 omisfcion to the Jfonorable the First Minister, at (iuel.oc. And tlion it was too late for 
 the Company to act ellectively lor the protection of their inforesto. 
 
 Mr Lnngelicr states that Mr Giroux, one of the Directors of the Company, was 
 present durin:-- tlio inqiiost. Mr (Jiroux did not attend in his quality ol Director oV the 
 Compaiiy,bat watched his own personal interests, in as much as lie had executed cer- 
 tain works and larnished material along the line ; and he attended in order to <hecl< 
 iho correctness of the claims which had been fled against him. JIo made, at the very 
 time, u declaration to that ofTect to the Commissioner, formally drawn up, as appears 
 by the declaration annexed (A). Mr (iiroux had not the re.|uisite ivnowlodge 
 respecting tlie affairs of the Company to enable him to look alter such an inquisition, 
 ile was not autori/.od to do so. Besides it would have Ijeen htrdlr proper lor the 
 Company to liave boon represented there without invitation or notice from the 
 Coiumisbioner. 
 
 Thus it happened that the important depositions ot Mr MacFarlane, sub- 
 contractor, and ol Mensieurs Light and Loduc, Bngineor,->, upon which the Commis- 
 sioner bases the conclusions of hi8 report, were taken without the knowledge of the 
 Company, which was never noLilieJ oltho pjuco wiioce, or the time wh'on tlioso 
 declarations wore going to be taken. 
 
 As to the evill.v disposed persons who, acording to Mr T/.inguIior, worodesirou> 
 Of preventing tlie people from tiling their claims, tlio Company knows notiiing. 
 This (ientleman should remember, however, that he himself did on many occasions 
 daring the enquiry, declare to the crelitors of Mr MacFarlane, tlint it was not necessary 
 for tliem to swear to the correctness of their claims, that ail the clainn whicli agreed 
 with the pay-rolls of MacFarlane would bo jiaid without any other formality, as 
 appears from the de( lanition atmcxed of Mr .1. 1'. Armstrong (B). 
 
 I thought that 1 ouglit, as a preliminary, to take notice of these two assertions 
 in order to put your Honour in a position to judge whether tliis enquiry was carried 
 on in a legal and equitable manner, and wlielhor your Commissioner exercised all 
 the prudence and diligence requisite to produce a just and impartial report. 
 
 IN THE FIRST CHAPTER 
 
 of hin report Mr Langelier gives an historical sketch of tlie Company, and he sets 
 forth the subsidies com.ing to the Goirpany on (he first one hundred miles of their 
 road. He heads his second chapter as folilows ; — " Were these subsidies sufKcient ", 
 and closes it by stating that the company should Imve all that was nocessarj- to pay 
 its conti'actors. 
 
 
 >■ * 
 
 **»! r- 
 
tliat Mi- 
 Compjiny 
 :Iose(l liiH 
 upon this 
 )o late for 
 
 )any, was 
 tor of the 
 3utcJ cer- 
 ' to I'hock 
 . the very 
 « appears 
 nowledge 
 q[uiHition. 
 ' for the 
 I'rom tlie 
 
 mo, sulj- 
 Commis- 
 goot'the 
 ion these 
 
 desirous 
 nothing. 
 )ccasions 
 ooessary 
 h agreed 
 lality, as 
 
 saertions 
 carried 
 
 cisod all 
 
 he sets 
 of their 
 ficient ", 
 ■ to pay 
 
 * 
 
 has l'( 
 
 I at 
 
 ,fHCr„l!'w"''MV"*V^'' '^^P^cl to the paying <.f thocontractorH thecompan^ 
 ultillod all Its ohliirations « • -> i . 
 
 MrLangeherappearHtohocomplotoIx ignorant of the terms of the contract 
 between the company and C.N. Armstrong, of the (ith Juno, iss I, for the luiildin.- 
 of the farst hundred miles ot its railway (C. Still it wa.s necessary in order to 
 establish the position and respo,„il,ilify of the parties respedivoK , to ascertain the 
 clause, of this contract, as well as of the contract of the sub-contractor Mad'arlano , 
 who wassubioct to the obligations imposed l.y the Armstrong coatract. 
 
 The cost of this .ontracl is based upon a uniform rate of «2<»,nii(( per mile, pavable 
 to the contractor, pirtl.v in money from tho suhsMios and in part hv debentures or 
 obligations of the Company. 
 
 Tl 
 
 iai 
 
 debentures 
 
 .is contractor has u right to all the subsidies urante.l bv the !• e loral and IVn. 
 vmc.al LigMlatures an I tho balance „f tho contract price is puyablo to him by 
 
 Ihore IS no oc,'.-as,on, thorotore, for asking if these subsidies were sufficient, 
 
 seeing that the contract obliges the contractor to build the one hundred miles ot road 
 
 by means ot the payment to him of the whole of the subsidies, plus the araountof the 
 
 debentures necessary to make up the 820,000 for each mile of roi.d. It. is quite 
 
 ovulcnt that the company did not receive subsidies onou-h to build tl). entire roa<l. 
 
 Jiut it was ablo to obtain through the sale of its dohentuies the sum ol imomov sufficient 
 
 to complete it : and the con8tructi(ni of sixty miles put it int. a position to^ivo siitis- 
 
 actory guarantee* to capitalists who might U, desirous of ))urchusin:;- these .iebon- 
 tures. ' 
 
 The company has taken stops ton aro t„o acoomplism.nt of thisnbl.ct. And. had 
 t not been lor the obstacles raised up against those schemes, the companv would 
 have continued without interruption the building of the road. One of the principal 
 causes ol l.o delay in this respoct, was the failure on the part oi Mr Mac-Farluno to 
 comple In. contract, ar>d Ihs rela.al to deliver up to the .-ompanv ]>ossession of the 
 load. Ihe company has brought an action against MacFarlane to obtain such possess- 
 lOD, and 18 in hopes of succeeding shortly in this action. 
 
 The company has faithfully fulfilled the obligations of the contract with respect 
 to the paying over of the subsidies granted for the first sixtN- miles already built. It 
 has kept back no portion of the moneys of these subsidies, which have been mad. 
 ovei and paid to the order of the contractor, who had a right to them bv virtue of 
 
 vTute IT 7e )' ^""^"""^ ''''''^'^^' "^ ^'* ^' ^•.'^'•™«t^o°S. the contractor in chief, 
 
 It is expedient to examine tl 
 
 whether the company has fairly cairieJ 
 
 >e subcontract of M. MacFarlane to ascertaia 
 
 oat its obligations in this respect. 
 

 MACFARLANE'S SUB-CONTRACT (F.) 
 
 fortv L rr " T"? '""^ ^^"'■''^"' •"■'"'''»^' '•- completion oVhn 
 
 forty m loH of the rouj, which uuh f„r the most part built, and, further 1 1 e 
 construcfon ol ,ho twenty milen .xton.lin. as far as .he river (Wap^iiac ' 
 
 Under thiHcontrncf, M. MacKarlano wan oMiL^od to finish thoHo «i*»v m.in. i 
 road to the satisfaction ...the ...vernn,ent Kn.ineo'r, ho^^u::;Z::2;:m^ 
 
 In ordiM- to juake wc.uro the paymont oi his lontniot i)iico Mr vraoF».-I«nn i „^ 
 demanded and had oh..ned fro. Mr. Arn.tron. a tr.ni:::i^^-.^:^;:;^ 
 b, ho lodorai and Provincial govornmont. to an amount which he considered 
 aft. u personal oxa.n.nation of the lino and hi. own calculation of the cost If ho 
 -orks, -unKMcnt to cover ,i,o total price of his contra.., namely-.S260,OoT 
 
 in trusr^\nd'tl 1'" "T "'""''"'1 '' ''' ''''''''' ''' ^''« ^"^"'-'^ B'"''- "^ '^lo'-treal, 
 
 • ^^"'^ ^'" '""' '^"'"'^ ^^'«'« ^^'^'^^'IV paid in to this JJank, loss $28 546 retained 
 
 by the local (Jovornmont, and .?;]1.825 retamed by the Federal Gove nment In o Ir 
 
 to. guarantee the completion of the work, whichf according to t rrZ,ts of U e 
 
 l>y Mr Macl'arlanc. estimated at about siJO.OdO. 
 
 Mae l' !!' ''f'.TJ'' ."'"*' ''"''^'''^ ^^" ^"^"'^'^-^ transferred to the Bank Mr 
 
 ^:i::!n;^::Uo:r' '-- ''-• ^'-^^'-^ « --*- - ^-^ municipj-^i-a^ 
 
 As (1,0 /Uiiure ol suh-ooiilract..!- Maefarhmo to ,an-y out his conti-a.-t 1,«. I .. 
 he cte^i-te ,.,„... „r ,„„ troab,™ which arose on ti liae t Z li v. • > roi' 
 
 dlSti':i:r"""''';"""'°'-'" ^"""■""' -"- "'° -p°°»''»"y '"S 
 
 These clauses read as fellow«j .— 
 
 8pco,6,at,ons rae,uioae.i in the said contfact. _ „ bi.l. ,.o„t..,„. ,J .51"'. 
 arc hero mentioned as for.nia, the basis oa .hieh the sai-i ti:,:, t::^ tTbe ^S 
 
 W 
 
 •rl r 
 

 •ng, snb-Iet 
 
 ►f tho flFBt 
 
 rthor, the 
 
 y milos of 
 rv, 1889. 
 
 lulano had 
 3H payable 
 ionflidored 
 •8t of tho 
 
 Montreal, 
 > retained 
 , in order 
 ts of the 
 icted for 
 
 mlc 
 
 , Mr. 
 
 /grants 
 
 as l)een 
 .*, and oi' 
 >rincipal 
 )r these 
 
 I of the 
 to that 
 h'st ot 
 
 ngation 
 to the 
 ler the 
 IDS and 
 cutions 
 carried 
 of the 
 
 w 
 
 1 I- 
 
 -I r 
 
 " .3- -The Haid works ^hall ho coinDlotrwHiv tiio ««-♦ i <• t 
 -and eight hundred and eghty nine.' ^ * '" ^' ^""""""^ ' ^""^ '^'^"■ 
 
 The oontracf passed between tho contractor and the company bein-^ the 
 
 Mr:;:;;:;;r:„:^"^ ^^^^'^ '-'-- '-'"' "- j- '-- «'«^--^"« ^''e 
 
 >f iKh ^' "'°. '°"^'""°^:^'' «'•"" ^"'"!«»'. »t his own coHt. all ti,o labor and every kind 
 
 tnis conformably t , tl„. pla,,, .,nd H,)oc,iti..ition alroadv p.-opurod, and which mav bo 
 horoaftor j.ropared, for tho purpose of tho said work..' ' ' ' '"' '' '"^^^ ^° 
 
 H..";" 7';° "^''^"'■''^'^ ^^ ''0 ^''nployod in tho conslru.tion of tho works shall bo 
 tbobostottho.rrespoctivokind.,anlthoxv.H<. masf I., earriod oat n tL m. 
 customary with skilful workmen, und all in a munnor ■ i^ :,l.r:';u: 
 
 this contract and with tho specifications thereto annexe! and Jh ZZn^Ti 
 drawing. whiH. shall U. in the future prepared and fuTni.ho v ' tra " an 1 
 
 ^^::ou::t:nj:::-^^^^ -' ^^'■'^" ^^^•' ^^ --^ •-" ^^- 
 
 " •^- 'r'|« e"^/noer Hhall bo tho solo Judge of tho quality and quantity of worl 
 dono. and Ins doc.s.on and his measurement shall be fiial and coodSsi "^^01. In U 
 railway company and the contractor.- oeiweontho 
 
 Mr. MacFarlano cannot ignore or repudiate those latter stipulations which are 
 as binding upon him as upon tho principal contractor. 
 
 By order of th« engineers of the two governments, certain changes were made 
 cost ot tho works There were also some alterations judged necessary bv tho «nid 
 
 boon transferred to him was sufficient to satisfy hi. claim. 
 
April laai. ^*' '" "■"Supenot.r Coart at (Jacbec. in February and 
 
 "f tbo subsidies trr„,Vlei „ m™ ' , t.T ' 7," ■""'''' S™'"™'""" H'" a">oant 
 
 engineers ™. „T. e'eoldb • l°™ n """'" "f" '''^''"■^ "■'• ""> 
 
 order to alle™ th,.tl. iT: • ■ '^° "^""°' 1'°' f""' ""» P™'«« in 
 
 Claim «42 o, a:L':i„'r '"""' "" "™'"'"' ^^"'"^■'<- ""* "'» -™P-.v » 
 
 But your commissioner goes still further. 
 
 appr( 
 k I, effect 
 
 51-52 
 . . ferre 
 
 IN CHAPTER THREE 
 
 Jmiuotes, in the tir.t phce, the follo^^■ing clause talcea r.-Ot-n MaeFa-lane's contract 
 which ^.as s,gned on the eighth of June, 1883 .— 
 
 contractor to uT" ,"", ''''' ^'^'"'"'^ "^''^''' '^^'^ ^" ^^ ^^ --^^ ''^ the said 
 contia.toi to the Paul subcontractor, the said contractor binds hinmolP hv fi 
 
 Then ho refors to the deposition, made at the enquiry bv Mr. Ilenrv MacFarhn- 
 
 M 
 
 i 
 
 payab 
 t a ^ comp: 
 
— <> — 
 
 , on the 6th 
 Bt the said 
 i-uar^- and 
 
 iing to the 
 ho amount 
 5d by the 
 •rotext in 
 3inpany a 
 
 At the date of the MacFarlane contract, namely the eighth of June 1888, the 
 appropriation of the subsidy coming to the Gaspi section had not been carried' into 
 effect. Thisjadditional subsidy was only granted on tlie 12th of Juh', 18SS, by the Act 
 51-52 Victoria, Chapter 92. Consequently this subsidy could not have been ti-ans- 
 ferred to Mr. MacFarlano, and he liad not tlie rioht to touch it. 
 
 I will cito a few extracts from the sworn declaration of the contractor, M r C. N 
 Armstrong, before Mr Charles Langelier, the special coiamiesioner, of tiio 6th of 
 Feb. 1800. 
 
 contract 
 
 the said 
 by these 
 ''ei-nment 
 I ill sixty 
 le sum of 
 > miles to 
 ment of 
 wers and 
 Jeposited 
 inj to bo 
 •ned.and 
 
 Farlane, 
 ) worth 
 Jmt Mr. 
 
 having 
 be total 
 
 grants 
 
 > all the 
 id were 
 rtion of 
 
 Si / 
 
 t 
 
 r 
 
 " Xeithcr the company nor myself have in any manner touched the subsidies 
 which were transferred to Mr MacFarlane, after the signing of his contract. The 
 Quebec Legislature passed an act authorizing tJio payment to the company of a 
 certain amount in subsidies, payable in particular in connection with the section 
 included between the 20th and GOth mile of t.' roal. The.^e subsidies were not 
 transferred to M. MacFarlane, and he had no right to them. At the date of the 
 signing of the contract with Mr. MacFarlano, to wit: the ei,i;-hth June. 1S88, no 
 arrangement had as yet been made with tlie Government ofQaebec, providing for an 
 additional payment in connection with the grant of land to the Gasp^ ''section 
 converted into money. 
 
 " T declare positively that no promise was mudo to ^fr. MacFarlano thatany 
 subsidies would be tran^-fcrrcd tojiim other tlian tlio-io mentioned in the contract. 
 
 " By. my contract with tho company Tliavo tho right to ^20,000 per mile, 
 payable Avith tlie federal and local government subsidies, and the balance by the 
 compeny's deiienlnros. 
 
 " These suli^^idies have been paidlo mo, in accordance with the terms and 
 on account of the price of my contract. Considerable sums had boon expended on 
 the first 40 miles of road, and a heavy balance wasi duo to me by the company. "I 
 had been obliged to obtain from parties, to whom certain sums hiid been transferred 
 to cover advances made on tho first 40 miles, a suriondor of their transfers, in order 
 to transfer to MacFarlane tho amount of subsidies nccessarv to cover his contract ; 
 and those persons wore obliged to wait until other payments on account of the subsidies 
 were made, in order to draw what was owing to them. 
 
 These parties were paid out of the additional sums so collected from the 
 Quebec Government so far as the amount received from the government procured 
 the means of doing 3b. 
 
 " If MacFarlane had touched other subsidies than those that had been 
 transferred to him under his contract, he would have received much more than ho 
 was entitled to." 
 
— 10 — 
 
 it i» not '^"ZT.Z fel'to rta'tt «;aM"""'' f- '''■"''°"" '°°''' ■«" "' 'S"—'. 
 fl.m the a.Wdio, „™ di.e;.::t„"S:: ;ro7":tj?ct!" ^""'"" "'° ■""■"^ "<""'"« 
 
 «>"Id not ,,ave LIL^^'^!?"'' 'T"''^ '' "-^ '^™» "' '- contract Tie"„° 
 f'is point i, erroncuain*;:™," "y'Z -"r ""'""'" '"■"'° -""i-ioner o" 
 1.M done in Cl.aptc, 4 _ " Zt ,', „ ' '" " """'" J-^^^W" '" conclude, as he 
 
 MacFarlane worL .™ o.i^ ". .Xr il' ' ? '"''-■" ""''^" '°°'^ »'"- ™ '"e 
 -opt back a portion „a),o sn£id c p, d L If ' '° T""""' °'' "^ ■■''-''■■'"•"■stives 
 tosub-contractorMacFarlano. " ^ " " '■'"•«■""'<""«, "'hich bolonjed 
 
 m.0»7ac°c'o;'n4°o''l',L !"™ ati!"""'';n' '° "'■■ '^-<^''-'^-'"> '- 'ma been paid 
 '.oroderalGo.orL,en to ,"12 "'"^ '•™-"» •'■».8« -the hands^f 
 
 «ojernn,„„t l.aa paid over to Uc diZ";,""'"" °' '''" ™'"™'- ""<' *° P'-o^-oia' 
 l'«dbeen tra^sfa-Ld to l,ia Ht L To ," ^V ^"'''"^ "''""' «^«.2^'' ^vhich 
 of « 2W,000 mentioned in l,is conlrac, '™ ^""^ ' "" '''^'<''' '"■■>'<« "P "'O total 
 
 i 
 
 THE TRUE CAUSE OF THE .STKIKE 
 
 »280,000, tbat ino say more fhan hit. " ■""'' '™"' "'= 0"'"° '''"'I-' "b"-' 
 
 Superior Court ofMontreal, at the tTme of l,T'l ""^^'4"°" '» ""' «»«<■ ■" the 
 It is strao.»e that Mr T ,„ t , ^''''"' '° November, 1889 i G ) 
 
 the a,ri,.e uponCoomlv "i: rifr'* ""7'" '" ""-"'^ "■" -Ponaab lit,- ,or 
 the contractors in aoooX^^ w M, i •''rr ''"' *'; 'T' """^^ "■' P"^--'' '» 
 contractor MacFarla„eb.dfail7,o™!™:'?,t'/?'*^''''°'' '^ P™™" «>at sab- 
 -red ™ore n,one, than the tota, sTi. t:::;r;r„7Ml:;r^^^^^^^ 
 
 Mr. «-^x;tire:'t;v„'Lr:;r'rt: <'-?™ "«<'-'«-«on .ade b^ 
 
 contractor, as follows; '^ " '^^"''"' ^'- "• MacFarlane, the sab- 
 
 would have been able te continue the ZrK , ., ^■"°' *' ''»" "■''''^' "'at you 
 
 strike ? Answer. Yes with "ut any L™."' '"'' " '™'*"""'- ""<* P^^^"' "-e 
 
 Sorely, if Mr. MacFarlane hod, •«o".-~.i«fM„„p. ,, 
 
 -■-~ofhisooatract,a^dtrh:z\rptrd't:x^^^^^^^^ 
 
 y 
 
— 11 — 
 
 t be ignorant, \ 
 loney coming 
 
 MacFarlano 
 tract. There i 
 imissioner on 
 nclude, as he 
 place on the 
 jrcsentatives 
 ch belon<red 
 
 13 been paid ' 
 hands of 
 e Provincia '^ 
 
 S,24f> which 
 up the total V 
 
 )r four or 
 5ank about 
 's contract, 
 ect in the 
 
 ability' for 
 yments to 
 that sub- 
 ter having 
 
 made by 
 the sub- 
 
 ich were 
 that you 
 vent the 
 
 required 
 n able to 
 > money 
 v^hom he 
 
 declared thai he owed $220,760, and that:.e had not completed the works called fo^ 
 under h,8 contract, the declaration of his son, who was also his partner, does not 
 strenghthen the commissioner's statement. 
 
 The cause of the ntrike is too clear to make it possible for Mr. Langelier to 
 throw the responsibility upon the company. 
 
 As to the payinont of the worlcmen employed by Mr. MacFarlane, tliis payment 
 was made by the local ^-overnmont out of the subsidies transferred to tiie hunk by 
 Mr. MacFarlane. The biilance of the wages owing should be paid by tlie Ontario 
 Bank, according to the iigreement made to that effect ; but the Ban< declares that it 
 has never been able to obtain tVom the special commissioncM-, M. Langelier, a 
 statement showing the sums paid out and those that are still owin<r. 
 
 Owing to the refusal ot Mr. MacFarlano to complete his works and to render an 
 account of his expenditure in order to come to a final settlement, the company found 
 It impossible to continue forthwith the building of the road. It lias brought an 
 action against the contractors Armstrong and MacFarlane to obtain possession of 
 the road, in order to make such financial arrangements as would permit it to 
 complete the first 100 miles. This action has been pushed on with diligence, and 
 the company has in prospect an early settlement of all those difliculties, for which it 
 believes itself to be in no wise responsible; tor it has paid its contractors and fulfilled 
 Its own obligations according to the terms of the contracts. And although not 
 directly responsible for the debts of the said contractors, it is now takin<? steps in 
 oi-der that all sums owing the workmen, boarding-house keepers, and contnictors for 
 ties etc. should be paid in full. 
 
 IN CHATPER SIX 
 
 the commissioner gives a fanciful description of the manner in which the expro- 
 priations of lands required for the railway have been carried out. Let mo be allowed 
 to state that, as a fact, expropriations were made by friendly agreement with six 
 Imndred proprietors of the said land. Throughout the whole length of the sixty 
 miles there was no occasion to make twenty expropriations by order of the court. 
 The fe^v proprietors ^vho have not yet been indemnified should not attribute to the 
 company the whole cause of failure in this respect. 
 
 Besides, when it is considered that the municipalities voted the necessary sums 
 of money in order to reimburse to the company the cost of the purchase of the right 
 of way, it is easy to understand that the proprietors have every interest in agreeing 
 to an amicable settlement. In looking over the evidence produced at the en^quiry I 
 .. M ,,iui,„ca in«L novciai uumplaiuaais nave committed errors in their declara- 
 tions. For these proprietors were expropr-urod according to the formalities required 
 by law, as appears by the records lodged in the Superiour Court, at New Carlisle, for 
 Messrs. Abraham Leblanc, Louis Gauvreau, Abraham Dugas, Louis Bujol and others 
 
— 12 — 
 
 pUc4 ;„ i :»T„,tS '«:^»' ""• --I-y «f ■■ TeaW.g down f^ce, .,. 
 
 lodge of th, companv;* e U ^ aZ^To «: "" "T'' ™ "'•""«'" '° ""> '■•■«>-■ 
 so. The .oatraotors and eubc^trao ^ oft,„ , '"T"''' '" '"' '^ " '™' ■""« *» <"<> 
 
 of holding an ^j,ur>. inquty"- ani 'tZt'^'"" ^°' "'"'^ ''""S"' ''™ "'» ■•<'»"" 
 a anmber of erro.8 and eii^-atilnf f-?'""'^ ™ ■"" permitted to point out 
 commissioner dm-ing"ho!S o„; .' r™"'" '""^ '""«'»»'•>■ '" ^^O'v ,o tl,e 
 companybj-MrTh/ophilX V ofCaHr "," "■" ''^■' ''™«'" "«"'-»' »''» 
 was necessary for a station and .Ihtl^ ' """"^ ° ''^^^' '^■"' "^ '"'"'■ »">i<'l' 
 
 company on condition thaUho ,1ft '" ?,7 ^"^^ '""' "*'•»<' freeofcost to the 
 
 ia..itndedbyMo,,e" oltl:: r::;fr , ,°'''"T' ""^ "• '''"' """"" '™ 
 return of Mr. La„..elier com™ 1 ^ ' Lingel.or, advocate.., immediately after the 
 
 proper to p„«„ ,1° cite ' *"'' '" "'"• "•^"' ""'' "'« Pl»mtiffhas notthonght 
 
 IN CHAPTE^J EIGHT 
 
 Mr. Jjanijeiier treats of ihe ,\r,n-in <t.„; 
 
 TOlaminoa, record d„|,„, ."i , 't „. ""'"'■- ,'"■'" '"°™'>- "'-■ to the 
 
 Justify the company i„ he I, i ,„' ';*''l'"-t°"""' "f Public >V'„rk-s, i„ order to 
 found in tin-, Lord , „ A, [ '^T '' '''■ ''-•'■- fite o. ,i,»«.a,io„. U will be 
 
 Mr. Kidout, iu.pecti„. e ..„ er o U ; ITT ""'""''' "' ""^ '"='" «»™rnment, 
 or's engiener, M.J.C f iC' L T SO™"""""!. M. L,Duc ,l,c contrac 
 
 ractor fn chief, and »; Ma, •■.;,"!„» Tl'r"' ^ "'T"'""'' "'■ °' '"-' '^™»"o.,g, con- 
 to the choice of the p,'se„t ,; T 7 T''""'"'' "' "'" """P""-'- »" "S™" »» 
 divided on this nue»il Tl, , t ^^ ^" '>''l™'''tiO" "f 'he municipaliTv was ■ 
 
 station near th cC "rriSonhT';f! "T'' '""''* " '■"^°'"«°" '■"--- »f ' 
 
 t-^e Church, ne other'co:;. t:t^;; ti :r;h;::;t:':,^r ' "- "-- -- 
 ..»nil';r;:::n:r;roire::':^:d;^ 
 
 to arrange for c„„vo„i„„fdI„ces bctue ,' '" " '' '" "*" "™ " "■'" '"""•""•■y 
 station,. oistances between those two stations and the nei.-bborin^ 
 
 
 
 to Mar;:tt,di::;'';:strst t^rr^"-^-;",' -"' -»"'- - ■■™<>-'»tBer™e 
 
 As to connLtion with ea na Iga if utawllT'' V 
 
 population of Maria would poll' al d?v n T ^ """■'" *° P"'"'*"'' "'"t the 
 
 Crletoa, „hich i, ten mi.esdis':^™™ it V:? Mal'Tt^-"'"'^ '° ""' ''"""" 
 ft wUai.f as »"«" .,...• ' , luouuuiLii or Maria. It la nnn/»saa»M- frv hn-*''» 
 
 ' ^ ''^'■' "^ ""^'""^' ^^^ ^^»« ™-^t convenient places in that locality/' 
 
 1 
 
 o 
 
— 18 — 
 
 Jvnfencep, mis- 
 ois, and com- 
 f any of these 
 n certain casea 
 lit to the know- 
 was able to do 
 ly, tliat these 
 are tlie result 
 d to point out 
 D show to the 
 against the 
 ' land, which 
 of cost to the 
 3 action was 
 tely after the 
 3 not thought 
 
 eier to the 
 in order to 
 It Avill be 
 lovernment, 
 the eontrac- 
 itfong, con- 
 all as^rce as 
 ipalitx' M-as 
 1 favor of a 
 '> lives near 
 
 ons in this 
 s necessary 
 eighborinff 
 
 int service 
 nicipality. 
 d that the 
 e wharf at 
 
 • THE NINTH CHAPTER 
 
 contains general remarks by the commissioner. He says in the first place that the 
 i . company, in 1883 or 1884, made a contract with Charles N. Armstrong for the 
 building of 100 miles of the road lying between Matapedia and Paspebiac. Here 
 again is an erroneous statement. This contract was signed on the Cth of June, 188G. 
 
 I 
 
 Then Mr. Langelier quotes extracts from the depositions of Messrs. Light and 
 LeDuc, engineers, containing the'? opinions on tlie manner in which M. MacFarlane 
 carried on his work. It must be remarked, liowovcr, that neither the one nor the 
 i>ther of these engineers alleges that the works were finished. On the contrary Mr. 
 Light made a report to the Quebec Government that there still remained about 
 $28,000 worth of worlcs to be constructed. Mr. LeDuc declared '' that ho was ready 
 to give to Mr. MacFarlane an estimate of the work done up to this day ( I4t]i January 
 1890). " Farther on, he says : the sixty miles of road on which Messrs. MacFarlane 
 & Sons are working are not completed by reasons of the bridges and stations '' 
 
 Now neither the one nor the other of these gentlemen had seen the MacFarlane 
 contract. Mr. Light declares so under oath : '• I have never seen the contract but I 
 understand that Mr. MacFarlane was not obliu-ed to furnish the superstructure for 
 the bridges." This answer of Mr. Light's is a mistalcen one. By readino- the 
 MacFarlane contract he would have ascertained " that this said sub-contractor is 
 required to built and complete the GO miles of" road according to the contx*act of 
 Contractor Armstrong with the Company, and under the direction of the chief 
 engineer of the company (Mr. Light) and conformably with the ])lans and specifica- 
 
 tious mentioned in the said contract these works are required to be completed 
 
 to the satisfaction of the engineer of the Government of Canada." 
 
 Now the engineer of the Government of Canada made a report in September 
 1880, stating that there still remained works to bo executed to the value of 831 000 
 including therein the superstructure of certain bridges. 
 
 As to the changes made in the plans and specifications, by the engineers of the 
 Ottawa and Quebec Governments, the Company alleges that the contractors ou'>-ht 
 to follow them, and carry out the works to the entire satisfaction of these engineers 
 which he has not done, although he retains possession of the Company's road. The 
 payment of the subsidies is conditional on his doing so, and the contracts of the 
 contractor and sub contractor specially oblige them to do eo. 
 
 The remarks made by engineers Light and LeDuc on a contract which they had 
 E ver seen form a deceptive pretext, of which your commission vmideusawben 
 lie said " that the sub-contractor was very willing to complete all his workg on 
 condition of receiving pay therefor, but that the Company did not wish to pay, or 
 had not the means of doing so." 
 
It would have been more fittioL' to have left thiH ou«sf,nn +« i , -j . , 
 Courts, before which it has been carried leavinrto hYnA . ' ^"''^"^ ^^' *''« 
 supporting their righte acco.-din/to theSo^Tn ohL^^^^^^^^^ *««'^- ^^ 
 
 M. Langolier concludes his report by rcfeirinrr fn 1 1.<» .i^k-* .. . 
 
 eontraetor M. Armstrong to pay i't a tolert'^ef. p ~ri .?""«'":'"» 
 gra^tM by ,l,ego«rnm.„ta." These d^,ate, pro.e o„^ :r^^,::„,r ."''^"Z 
 have been much more becoming for Mr Linirlli.,. ,n .,... . "'°,' . " """''' 
 
 Ccpan. in the f^Uowllirii^^L^^ ^^^^^ ^'^ ^^^ 
 
 t^;::;t^'^;^e^-s^;^:^^^^ 
 
 ofhis own report. And this contractor had declared as f 2./- Bv' '' 
 
 with the Company I have a right to 620,000 par mile pavab e out S .7 '?"""'' 
 coming from the federal and local governments nnd fi A i f *''® subsidies 
 
 the Company. These subsidies wefeTJdTom ' n ac tdatr:.". T f '"'""^^ ^' 
 account of the price of my contract." accoidance u ith the terms and on 
 
 ^^^''^ertoestablishmorepositivelythainlusticeof Mp To,, i- • • 
 ^t me be pernutted t.q„ote a'n extrac't f.omte «^^^^^^^^ 
 taken in the Superior Court, at QaeI.ec on the 5th nPATnr k , •^''"'''°°S' 
 1339, MacFarlane ve.^us Armstrong etal o^ November last, in case No. 
 
 Qaestion put by the Hon. Mr. Lan<relier- " TT«a fi 
 portion of the subsidies which have been ^.ranted b^ t .1 r^"'^"''^'' o'*'^°''^ *°^ 
 No. All the subsidies collected b^ the Compalv itself L. 7"'"' ' Answer.- 
 been collected on my account and paid to ^ ::^^::t:^SZ:Z;'J:Z 
 
 SUMMARY. 
 
 The conclusion's to be drawn, afcer .a serious and rarpf..i * • • 
 report of the commissioner. Mr. Charles LangaHe" a" the "^17""^'" °' *'^ 
 
 ^ ^•~~^^® commfssionner has proceeded ex narte thaf j<, ,ii n 
 
 Company. ^ ^^ parte, that is, illegally .^s respects the 
 
 2. — He seems to have ifi-nnreH tljp t'**"^" i^ *-v * 
 6.h Jm,e, 1886; oonseqoentl^rthe.reater^rt Vl^f L"*" Tf™'- ^'og i't. 
 as appears by simply reading over his report »'«'»"«'"» "^^mo misleading, 
 
 4 
 
 which o 
 ( I default. 
 
 <| 5- 
 
 Compai 
 
 I' 
 
ided by the 
 the tasic of 
 
 took place 
 orapelled its 
 to subsidies 
 It would 
 perfectly 
 ■alno ofhi's 
 t from the 
 
 --• N. Arins- 
 9 the date 
 y contract 
 © subsidies 
 en tares of 
 ws and on 
 
 sinuations, 
 irmstrong, 
 3 case No. 
 
 ained any 
 ^.nswer. — 
 aent liave 
 mj' order. 
 
 tranfened 
 
 n of the 
 
 pects the 
 
 •ing date 
 sleading, 
 
 o. — He gives* to the MacVurlano contract an erroneous interpretation, by 
 alleging that MaoFarlnnu had a right to all the subsiditvi, wiiereas a portion of the 
 subsidies had not even I'oen voted at the time of the signing of this contract. 
 
 4. He endeavors to ihiow upon the Company the rebponsibilify for the strike 
 which occurred on the Mac Farlano works, when this latter person was the only one in 
 default. 
 
 5. — He relies upon the false statements nf several proprietors, to assert that the 
 Company took jtossession of their lands contrary to law : and he does this without 
 giving the Compan.> an opportunity of pr<»ving the falsity of those assertion. 
 
 G. — Ho sets forth the question ot the Maria Station in au incomplete manner 
 leaving out certain important facts whicli lead to conclusions opposed to those of his 
 report. 
 
 7.— He concludes bv insinuating that the Company compelled its contractor Mr 
 Armstrong to pay it a rather heavy percentage on the subsidies granted hy the 
 two Governments ; and in order to sustain this assertion he falsifies the date of the 
 Armstrong contract, without giving a shadow of proof for what Jie advances. 
 
 8.— This report, based upon irregular proceedings, is an unjustifiable attack 
 upon the Company, to whom opportunity has been refused of being heard in the 
 matter, and of contesting the erroneous or incomplete declarations accompanying it. 
 
 9. — This report, dated 26th of February last, was only forwarded to the Companx- 
 on the 11th of November last, notwithstanding the oft repeated requests by the 
 Company to obtain it sooner. 
 
 The Company desires to protest firmly and respectfully againbt proceedino-s, 
 whose object would appear to be, from the beginning, the causing of embarrassment 
 to it of such a nature as to delay its ope»-ation8, in order to justify the demand which 
 is now made for the annulling of iU Charter.' 
 
 Whilst sincerely regretting the difficulties which have arisen during the buildino- 
 of its road, this Company believed that it has fulfilled its part of the obligations. 
 
 And it submits with conliaence to Your Honor the present memorial i 
 Justification of its conduct. 
 
 in 
 
 (Signed) L. A. ROBITAlLLE, 
 
 Secretari/- Treasure)' 
 
 Qaebeo, 30th december, 1890. 
 
 (Signed) L. J. RIOPEL, 
 
 Managing Director 
 
 9/ the Company