Having came out from England specially to make these representations to the Government, I venture to hope that I may be permitted to supplement these remarks by a viva voce explanation before the Council, and that I may obtain for my request a favorable consideration.

The Honorable H. Langevin,

And I have the honor to be, Sir,

Minister of Public Works, Ottawa.

Your obedient Servant,
(Signed,)

J. A. MANN.

I would point out that while the advantage to accrue to the Company from any traffic withdrawn from the Government Line proper cannot exceed 85 miles, the injury to the Government may, in the case of traffic for Montreal, involve a loss of upwards of 600 miles, and for the Pacific of 3,200 miles.

(No. 1,425.)

DEPARTMENT OF PUBLIC WORKS,

OTTAWA, April 19th, 1871.

SIR,-1 am directed by the Minister of Public Works to acknowledge the receipt of your letter of the 17th instant, on the subject of the Windsor and Annapolis Railway, and to state that it has received his best consideration.

The question of purchase of the line cannot be taken up by a mere quorum of the Privy Council, but will be submitted to a full meeting of the Cabinet, as soon as possible. Should the Council decide upon purchasing, the matter will, of course, have to be laid before Parliament for approval; but should it not so decide, then the question of the "running powers" referred to in your late interview with the Minister and the members of a Sub-Committee of the Privy Council, will be submitted to the Honorable the Minister of Justice, for his opinion and advice.

I am further to assure you that the Minister will use his best endeavors to have the matter settled with as little delay as possible. I have the honor to be, Sir,

SIR,-I am in receipt of a letter from Mr. Braun, of this day's date, informing me that you will submit the questions which I had the honor to lay before you, for the consideration of the Cabinet.

As I leave to-day for New York, en route for England, I venture to ask that you will be good enough to direct that the result may be communicated to me by letter, addressed to me at the office of the Windsor and Annapolis Railway Co., Westminster Chambers, Victoria Street, London.

I trust that the decision may be such as to render it unnecessary for me to return here, but I need not say that if necessary, I will endeavor to do so.

With great respect,
I am, Sir,

Your obedient servant,
(Signed,)

J. A. MANN.

The Honorable H. Langevin, C. B.,

&c., &c., &c., Ottawa.

(No. 1,549.)

DEPARTMENT OF PUBLIC WORKS,

OTTAWA, June 23rd, 1871.

SIR,--Having reference to the Windsor and Annapolis Railway Company's claim to be allowed "running powers" over the Nova Scotia Railway, and to the Report to Council by the Hon. the Minister of Public Works on that subject, dated the 14th of March, 1871, and referred for your opinion, I have now the honor to transmit you a further application made by Mr. Mann, Special Commissioner of the Company, proposing that the Government of Canada should purchase the Windsor and Annapolis Railway, in the event of the claim for "running powers" being refused.

I also transmit you the following papers on the subject, viz: Nos. 1,349, 1,403, 1,485, 1,553, 1,628, 2,053, 2,142, 2,360, and 2,571, with 2,404, 2,417. I have the honor to be, Sir,

DEPARTMENT OF JUSTICE,

July 4, 1871.

SIR, The Minister of Justice has had before him your letter of 23rd June last, in reference to the Windsor and Annapolis Railway.

But he is not aware with what object the documents herein referred to have been submitted to him, as he had the case previously before him, and fully reported thereon upon 21st June last, which report, I notice, is attached to No. 2,417 of your references, enclosed with your last letter.

I return the several documents submitted by you.
I am, Sir,

SIR, I regret exceedingly that it has become necessary for me again to return to Ottawa to urge the claims of the Windsor and Annapolis Railway Company upon the Government.

The capitalists interested in the railway, among whom I may mention Sir John Lubboch (Robartes, Lubboch & Co., Pankers); A. Leonini (Italian Merchant); A. D. DePass (DePass & Vores, Shipowners); A. Ricarde (A. & W. Ricarde, Stock Brokers); and of the Stock Exchange Committee, London, J. Field (Stock Broker); J. Bravo (Bravo Bros. & Co., Bankers and Merchants), have however well considered the matter, and have determined that they cannot offer to continue to work the line under the present unsatisfactory arrangements with the Dominion Government, and they have empowered me to communicate that decision to the Government, and to make any arrangements that may be necessary in the matter.

In the few days since my arrival at Elifax, I have occupied myself by preparing a

Memorial to his Excellency the Governer General in Council, setting forth the grounds on which the claim is based; but hearing that you are likely to be absent from Ottawa for some time, and that a Cabinet Council will meet to-day, I deemed it better to come on here with a rough print of the Petition in its incomplete and unfinished state, and of which I now beg to enclose a copy.

I trust you will, under the circumstances, excuse my laying before you so rough a Memorial. From it, I doubt not, you will be able to glean the main points of the case; and as the subject is a very pressing and a very serious one, both to my friends and to the Provinces of Nova Scotia and New Brunswick, I venture to ask that it may be brought before the Council to-day, and that I may have their decision upon it. I need hardly say that I should be glad of the honor of an interview with the Council to enable me to offer any explanations which they or you may require.

And I have the honor to be, Sir,

To the Hon. H. Langévin,

Your obedient servant,
(Signed,)

JAMES A. MANN.

Minister of Public Works, &c., &c., &c. :

THE MEMORIAL OF THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY (LIMITED). To His Excellency The Right Honorable LORD LISGAR, G.C. B., G.C.M. G., Governor General of Canada, &c., &c., In Council:

Humbly Sheweth :

1. That your memorialists are a Company, composed for the most part, Memorialist as Corporate of capitalists resident in Great Britain, registered in England on the first of Company. March, 1867, as a "Limited" Company, under an Act of the Imperial Parliament, entitled "The Companies' Act, 1862"; and incorporated by an Act of the Legislature of Nova Scotia (30 Vic., Cap 36) on the 7th of May, 1867.

2. The object for which your memorialists were incorporated, was the construction and the working of a portion of one of the sections of the Government Railways of the Province of Nova Scotia, extending from Windsor to Annapolis, a distance of eighty-five miles, under an agreement made between the eminent contractors, Messrs. Punchard, Barry and Clark, of London, and the Government of the Province of Nova Scotia, on the 22nd of November, 1866.

Object of their

icnorporation.

3. The capital embarked in the enterprize by your memorialists amounts Capital investto £300,000, represented by fifteen thousand shares of £20 each. ed by them.

Debt incurred

4. Your memorialists have, as provided for by their Articles of Associa-Debenture tion, also raised the further sum of £200,000, by the issue of terminable by them. debentures, carrying interest at the rate of 6 per cent. per annum.

which they

5. Your memorialists, when they embarked their capital, had before Documents on them the Acts of the Legislature of the Province of Nova Scotia, having were induced reference to the Railway, namely: of the Sessions of 1854, 1864 and 1865, to embark together with the before-mentioned agreement of 22nd November, 1866; the their capital main points of which bearing on your memorialists' case, they crave leave to

The Act of 1854, 17 Vic., Cap. 1, Legislature of Nova Scotia, 31st of March, 1854. "Preamble. The construction and maintenance of a trunk line of railway from the Har"bour of Halifax to the frontier of New Brunswick, with branch lines extending to "the Harbour Pictou and to Victoria Beach (near Annapolis) will greatly facilitate "the internal trade of Nova Scotia-will develope her resources-enlarge her Revenue, "and open more frequent and easy communication with the neighbouring Provinces "and Stutes."

Section 1. "The lines of railway to be constructed under the provisions of this Act "shall be Public Provincial Works."

Section 4. "The construction and management of such railways shall be under the charge of six Commissioners."

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Section 5. "The Commissioners shall build such railways by tender and contract." Section 10.

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"The Commissioners or Contractors are authorized to enter upon and take possession of any lands required for the track of the railways or for stations." Section 16. "The Commissioners or Contractors may make an agreement in writing "with the proprietors of lands so taken for damages and fencing."

Section 17. "Where no agreement shall be made appraisers shall make a valuation as to "the damages to lands and fencing."

Section 18. "In making such arrangement or appraisement, the benefit likely to be "derived by the proprietor from the railway running through his land, shall be "taken into consideration, and the damages thereby reduced or extinguished." Section 19. "The monies payable for such lands and fencing shall form a county "charge."

Section 20. "Whenever the railways or any portion of them shall be completed, it shall "be lawful for the Governor in Council to make such arrangements as may be suit"able for working the railways as one line by a common management, or for working "the trunk line and branches by separate Commissioners."

Another Act of the same Session, 17 Vic., Cap. 2, Legislature of Nova Scotia 31st of March, 1864 :

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Section 1. "It shall be lawful for the Governor, by and with the advice of the Executive Council, to contract a loan, on the ple lge of the revenue of this province, whether arising from the duties upon imports, the sale of crown lands, the royalty paid by miners, or the tolls to be collected on the railways constructed with the monies "to be borrowed under this Act."

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Section 2. "Certificates of debt to be called Debentures bearing interest at six per cent. may be sued from time to time, at par, or at such premium as the same may "command, as the Railways proceed."

Section 3. "The principal of such Debentures shall be paid in full, at the expiration of twenty years from the date of their respective issues."

Section 4. "The whole of the revenues to arise from the receipts of tolls on such "railways shall, after the expense of working and maintenance have been paid, be

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applied towards the payment of interest on the Debentures, and the surplus shall "form a reserve fund for the redemption of the loan.

The Revised Statutes of 1864, 27 Vic., Cap. 70, Legislature of Nova Scotia, 10th of May, 1864, included, among others, a chapter devoted wholly to the subject of Railways. In it the provisions of the Act of 1854, before referred to, were re-enacted.

The Act of 1865, 27 Vic., Cap. 13, Legislature of Nova Scotia, 2nd of May, 1865 : Section 1. "The Chief Commissioner of Railways, by direction and authority of the "Governor in Council, may contract for and on behalf of the Province, with any responsible party or parties, for the construction of the following Sections of the "Provincial Railway, that is to say, from Truro to the boundary line to New "Brunswick, and from Windsor to Annapolis; and for the payment of the subventions 66 on the terms and under the provisions and stipulations hereinafter set forth and "contained. The location of the lines of the said railways to be subject to the approval of the Governor in Council.”

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Section 2. "The Contractors for the Section first mentioned (i. e. between Truro and Amherst), to receive a subvention, of not more than 4 per cent. per annum, for twenty years, on $40,000 per mile of the whole length of said section, and the Provincial "Government, to take on behalf of the Province, stock in the said undertaking, with "such contractors, to the extent of $400,000."

Section 3. "The Contractor or Contractors for the section last mentioned (viz.-between "Windsor and Annapolis) to receive a subvention of not more than 4 per cent. per annum, for twenty years, on $24,000 per mile of the whole length of the said section, "with the exception of a bridge, viaduct, or other erection suitable for a railway across the River Avon at or near Windsor, the latter to be built at the expense of "the Province."

Section 4.

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The first annual payment of such subventions to full due, and to be made, at a period not less than twelve months after the bonâ fide commencement to build such "sections respectfully."

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Section 5. The Governor in Council may, after such contracts or either of them are "entered into, by an Order in Council, declare that the subventions or either of them "shall cease, and at what time; and, in lieu of such subventions or either of them, pay to the Contractor or Contractors the amount or balance, as the case may be, of "such subvention, or either of them, capitalized either in cash or Provincial "Debentures." Section 6. The Governor in Council, as soon as a contract has been entered into for building the said section last mentioned from Windsor to Annapolis, may make pro"vision, either by contract or otherwise, for the building of a suitable bridge, viaduct, 66 or other erection across the said Avon River, at or near Windsor aforesaid." Section 7. "The Governor in Council may at any time, before or after the said sections or either of them are or is completed, by an Order in Council, assume, on behalf of "the Province, the ownership of the said section or either of them, by paying to the owners thereof of the value of the same, to be ascertained as hereinafter provided, "either in cash or Provincial Debentures, at the option of the Governor in Council." Section 8. "The amount to be paid under the next preceding section shall be ascertained by the decision of three arbitrators; one of whom to be appointed by the Governor "in Council, one by the owner or owners of the section, and one by the principal Secretary of State for the Colonies."

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Section 10. "The Governor, by and with the advice of the Executive Council, may, for "the purposes of this Act, contract a loan on the pledge of the revenues of this Province, whether arising from the duties upon imports, the sale of crown lands, "the royalty paid upon minerals, or the tolls to be collected on the railways owned by the Province."

Section 13. The provisions of chapter 70 of the Revised Statutes (1864) referring to Government Railways, were, with certain exceptions in cases where not bearing on the subject, made applicable to the railways to be built under this Act, the terms "Commissioners" and "Railway Department" therein used, were respectively to include the "contractors or owners of these Railways," and "property belonging to "the contractors or owners of the said section of Railways."

Section 14. “The Chief Engineer of Railways shall report to the Government on the "route or routes proposed, and during the construction of the said lines of railway respectively, shall have power at any time, and at all times, to enter upon the same, "and examine the works; and it shall be his duty to report to the Government "from time to time, the state and condition of such works; and any failure in the "execution, or in carrying out any of the provisions of such contracts, and generally "to watch over the interests of the Province in reference thereto." Section 15. "Contractors shall furnish names of claimants for damages, instead of Board "of Railway Commissioners, as mentioned in section 47 of said Chapter, and shall "do all Acts in said section provided to be done by the Board of Commissioners." Section 16 "The moneys payable for lands for the sections hereinbefore mentioned shall "form a county charge."

Section 18. "The contracts to be made under this Act, shall contain stipulations and "provisions for the regulation of the tolls and rates for passengers and freight, the

carriage of mails, troops, munitions of war, and other Government property on the “said lines, and generally for guarding the interests of the Province."