Ottawa Citizen 11 October 1864
By
reason of the law proceedings now in progress against the Ottawa and
Prescott Railway - which proceedings result from the defeat of the Bill
for the relief of the Company, brought forward by Mr. Bell at the last
session of Parliament - the effects we regret to say, may be important.
We feel it due to the public to place before them the following
correspondence, a portion of which has already appeared in print. No. I Ottawa and Prescott Railway Office October 4, 1864 To the Mayor of Ottawa Sir
- I beg to inclose herewith copy of a letter received by the last mail
from the Solicitor of the Grand Trunk Railway Company, as I deem it my
duty to inform you of the proceedings therein explained. I have the honor to be, Sir, your obedient servant Robert Bell, President No II Grand Trunk Railway of Canada Solicitor's Office Belleville October 3 rd, 1864 Sir
- The Grand Trunk Railway Company of Canada as one of the mortgagees of
the Ottawa and Prescott Railway, has been served with papers in the
Suit heretofore instituted by the holders of the first Mortgage Bonds
of the Ottawa and Prescott Railway Company, against the Corporation of
Ottawa, the Corporation of Prescott and the Ottawa and Prescott Railway
Company. From the papers it appears that the idea of an amicable
agreement between the parties involved is at an end, and the intention
now is to fight it out, taking the results whatever they may be. It
is also known to the Grand Trunk Railway Company that the bridges and
permanent way of the Ottawa and Prescott Railway are greatly out of
repair, and that, therefore, unless such an understanding is at once
come to between the parties interested in the above suit as will secure
extensive repairs to the Ottawa and Prescott Railway immediately, the
destruction of the rolling stock, or a large part of it, this season,
must be the result. The Grant Trunk Railway Company, you are aware,
holds a Chattel Mortgage upon this Rolling Stock, for a sum now
amounting to about forty or fifty thousand pounds, which Mortgage is,
in fact, their entire security for the large amount advanced to the
Ottawa and Prescott Railway Company under the "Aid Act". Looking,
therefore, to their own interests, the Grand Trunk Railway Company
cannot, while litigation of the character indicated in the papers
served is going on, and the Ottawa and Prescott Railway is in its
present state, and without prospect of its being paid, consent to allow
this Rolling Stock held by them under their Mortgage to be run any
longer. I am, therefore, directed to inform you that unless the
parties to the said suit come to some immediate arrangement by which
funds will be procured to put the Ottawa and Prescott Railway in a safe
and proper state, and by which. Also the present litigation will be
discontinued, the Grand Trunk Railway Company will, for their own
protection, take possession of the Rolling Stock now used on the Ottawa
and Prescott Railway and remove it from the Ottawa and Prescott Railway. I
will allow one week from the date of this letter, and unless in the
meantime, some arrangement instead, I shall, on behalf of the Grand
Trunk Railway Company, act as intimated above. I have the honor to be your obedient servant. John Bell, Solicitor G.T.R. Co. of Canada No III Ottawa and Prescott Railway Office Oct 5th 1864 M.K. Dickinson Esq. Dear Sir I
am notified by the Sherriff that he will, this day, seize the Rolling
Stock of the Ottawa and Prescott Railway Company, and will retain it
here and prevent its being used by the Company unless security be given
that the property will be forthcoming on the day of sale. I beg to ask of you, as Mayor of the City, if you will be pleased to enter into bonds as such security. Yours etc R. Bell, President. No IV Mayor's Office, City Hall, Ottawa, Oct. 6, 1864 Robt. Bell Esq, Pres't of the Ottawa & Prescott Railway Co. Dear
Sir, - I beg to acknowledge receipt, last evening, of your favor under
date of the 4th inst., containing the notification that your Company
had been advised by the Sherriff that he should immediately seize the
Rolling Stock of the Ottawa and Prescott Railway Company, and
requesting the writer, as Mayor, to enter into bonds that the property
so to be seized shall be forthcoming on the day of sale. In reply I
have the honor to inform the Company that I am advised that no such
authority is vested in the Mayor of this Municipality, consequently I
regret that it is out of my power to comply with your request. I remain, yours respectfully M.K. Dickinson, Mayor No. V Ottawa and Prescott Railway Office Ottawa, Oct. 6th, 1864 Dear
Sir, - I have yours of this date in reply to mine of the 4th instant,
and as regards the security in question your bond will be quite
sufficient, and acceptable, over the signature of "M.K. Dickinson." If
the addition, "Mayor of Ottawa," appears after it, that will be only as
addition. All I have to say is, that being anxious to keep the
Railway open and as I could not do so without the rolling stock, I
applied to you to help towards that end, as it was out of my power to
effect it alone personally. My anxiety may be annoying, but I
regret deeply that the Railway may be closed almost immediately for
want of that security. Yours very respectfully, Robert Bell. M.K. Dickinson. Esq., Mayor of Ottawa It
is doubly to be regretted, that in an case of this kind, where very
small risk for a few days was the sum total of liability, parties who
were efficient in defeating the Railway Bill and took credit therefor
in print, met this request with a refusal. We give this portion of the
correcpondence because most of it appeered in the Union of Saturday.
Otherwise we would have left it untouched as the proceedings of private
parties. Reference to this subject is, at the present moment, far
from agreeable. We now experience the consequences of the opposition to
Mr. Bell's bill of last session. The parties interested do not
appear to have harmonized, and we are far from believing the result
will be beneficial to those who cause the difficulties. Although a
public matter, it is at the same time a matter between the parties who
joined in a great enterprise, the direct benefits of which have been
realized mainly by Prescott and Ottawa, and this section of the
country. The local hostility against this road cannot fail to be
injurious, and it rests with those who have brought about this state of
things to justify the course which they have taken. The railway from
Brockville to Arnprior, we understand, will be opened immediately. We
are far from saying that that hostility could could have had any effect
in this respect; but those interested in that road do at present
congratulate themnselves upon the course taken by the municipal
authorities of this city. Whatever be the consequences, our corporation
has very greatly assisted them against the interests of this city,
commecrially, to say nothing of what the effects may be as to the
removal of the seat of government.
Ottawa Citizen 21 October 1864
Correspondence regarding Ottawa and Prescott. In the hands of the sheriff. -- Yesterday,
pursuant to notice, the Rolling Stock of the Ottawa and Prescott
Railway was sold, at the railway depot, under writs of fieri facias in
the hands of the Sheriff. The property submitted for sale
consisted of three engines, 26 box cars, 23 flat cars, three
first-class cars, two second-class cars and two baggage cars. The
sale commenced between twelve and one o'clock and was conducted by the
Deputy Sheriff, Mr. Bailiff. The audience was not very numerous,
but amongst those present, we observed the President of the road, Mr.
Robert Bell, the Vice President and representative of the Ebbw Vale
Company, Mr. Thomas Reynolds, the Solicitor of the Grand Trunk Railway
Company, Mr. John Bell, and the Mayor, Mr. Dickinson.
The Deputy Sheriff having described the property for sale, Mr.
John Bell stepped forward and addressing the Deputy Sheriff, said
Before you commence the sale it is right I should state that, whoever
buys this property, purchases it subject to a mortgage of £40,000 or
£45,000. Of course the person purchasing will be obliged to pay
off this mortgage forthwith. Mr. Bailiff. I don’t believe the Sheriff is bound to know there is a mortgage. Mr.
John Bell. But I feel bound to give notice of this fact, in order
that those who intend to bid may understand exactly what they are
doing. There is no doubt that whoever buys this property will
have to pay off the mortgage, otherwise they will not enjoy is very
long.. Mr. Bailiff. Gentlemen. I will now put up the
property. Will you please make me an offer. (No
response). I may as well state before I go further, that I have
received a notice from Mr. J.B. Lewis, on behalf of the Corporation,
forbidding this sale inasmuch as they claim it under their mortgage. Mr. John Bell. Mine happens, however, to stand first in order. Mr. Bailiff. Will anyone make me an offer. Mr. John Bell. $100.
For
some time no advance took place on that sum. Eventually Mr. N.S.
Blandell offered $200; Mr. John Bell then bid $201; Mr. Palin then
offered $300; Mr. John Bell then bid $301; and at this figure, after
some considerable time spent by the Deputy Sheriff in trying to induce
a higher bid, the property was knocked down. Mr. Bailiff. Who is the purchaser? Mr. John Bell. C.J. Brydges. This closed the proceedings.
Merrickville Chronicle 21 October 1864
PRESCOTT AND OTTAWA RAILWAY In
accordance with notice previously given, the Deputy Sherriff of
Carleton has sold, at the instance of the Grand Trunk, the rolling
stock of.the Ottawa and Prescott Railway The purchaser was a Mr. John
Bell, and the amount realised $301. On the name of the purchaser
being asked for by the Deputy. Sheriff, the name of C.J. Brydges was
given. It will be seen by this that the Grand Trunk Company, true to
their instincts of monopoly, have at length succeeded in getting this
road within their clutches. From the Merrickville Star-Chronicle of 25 April 1912
Ottawa Citizen 25 October 1864
On
Friday last the employees of the Ottawa and Prescott Railway, with the
exception of half a dozen laborers who are required to look after the
property, and a small portion of the office staff, were all
discharged. In a circular which was issued to each individual, by
order of the President, the reason assigned for this step is the
difficulties in which the company is involved. The action of the
company is deeply regretted; but the want of means, arising from the
fact that the road is not working, imposed this disagreeable necessity.
The Union, Ottawa 29 October 1864
Prescott
Telegraph -- At the instance of the two municipalities chiefly
interested in the Road, an application was made for an injunction in
Chancery to stay the proceedings of the Grand Trunk Company against the
Rolling Stock. The sale is however, regarded as invalid, and
therefore amounts to nothing so far as affecting a change of ownership
is concerned. Take what view of it we may, it is impossible to
avoid the conviction that the G.T. R. Company had acted with unseemly
haste in the premises. It might have waited for the repayment of
the comparatively small sum which it advanced to the Ottawa and
Prescott Railway, at least as long as the province will have to wait
for the repayment of the millions which it has advanced to the Grand
Trunk. Now that the Court of Chancery has interposed its powerful
arm to shield the weak from the rapacity of the strong, we may expect
that steps may be immediately taken to re-open the road. The
Corporations of both Ottawa and Prescott have both expressed their
willingness to negotiate with the Railway Company with a view to arrive
at some settlement of the difficulties between them.
The Union, Ottawa 5 November 1864
The
Montreal Gazette and the Quebec Chronicle, taking their information
from the Citizen, a journal published by R. Bell M.P., the president of
the O. & P. Railway Company, represent the City Corporation of
Ottawa as responsible for the stoppage of the railway. The facts
are that the Grand Trunk Railway, who claim the rolling stock, notified
the Corporation that they were about to remove it. They procured
a Sheriff's sale of the stock on a judgment originally the property of
Mr. Robert Bell M.P., to strengthen their claim. The Corporation
applied to the courts to prevent the removal of the stock and
succeeded. Every effort has been made to induce Mr. Brydges to
allow the trains to run, but to no avail. It is true that it runs
every night with freight, we presume because it is safer to run on a
road in bad repair at night than in daylight. It also went into
operation to take out the delegates and Mr. Brydges in daylight.
The fact is that Mr. Brydges and the Grand Trunk are to blame if blame
lies anywhere. The Corporation has no influence whatever in the
matter. The Directors of the Ottawa and Prescott Railway Company, we presume, are snuffed out. Nothing is heard of their actions.
Ottawa Citizen 11 November 1864
It
will be gratifying to the public to learn that the difficulties
connected with the railway have all been arranged and that the trains
will commence running again in the course of a few days. We make
this announcement on the authority of a telegraphic despatch sent to us
last evening from Prescott, by Mr. Bell, the President of the Company.
Quebec, Montreal , Ottawa and Occidental Railway 1878
Ottawa Free Press 29 July 1878
The
Official Gazette today contains the Order in Council approved by the
Lieutenant Governor on the 25th inst., which provides for the coming
into force on the 31st inst. of the act passed last evening, and
entitled "An Act to place the Quebec, Montreal, Ottawa & Occidental
Railway under the control of the Commissioner of Agriculture and Public
Works."
Ottawa Citizen 28 August 1878
The
contract for the construction of the QMO&O was rescinded by order
in council, MacDonald refused to give up the road, had 300 men on
hand at Hochelaga, took the precaution of having all rolling stock
removed from Hochelaga.
Ottawa Citizen 30 August 1878
A special train having on board the Hon. Mr. Cartwright arrived at the Hull station at eleven o'clock last night. The
QMO&ORR is at a complete deadlock, traffic being completely
stopped. The train due at 2 o'clock yesterday did not arrive
until 5.25, and returned immediately to Ste. Therese, the railroad
authorities refusing to take any passengers. No train left this
morning and none are expected to run on the road today.
Ottawa Free Press 30 August 1878
Montreal,
August 30 - It is stated that Mr. Doutre, last evening, submitted to
Mr. Joly a proposition, that if the Government would pay the amount of
profit annually made out of the Occidental Road, namely $60,000, to Mr.
Duncan MacDonald until the arbitration should settle the dispute, he
would give up the road. Mr. Joly accepted this arrangement but
this forenoon Mr. MacDonald went back on the proposition of his
solicitor. MacDonald, in the meantime, obtained from the Superior
Court a writ of injunction against Messrs. Joly, Premier, and Peterson,
Government Engineer, which were served today noon, these two being
ordered to appear on Tuesday next before a full bench. The
Government cannot take further action until then.
Montreal Gazette 31 August 1878
THE M., O. & O.R.R. CONTROVERSY No
arrangements arrived at - Meeting between the Premier and Mr. Duncan
Macdonald, contractor of the road - wide apart views - An injunction
granted and writs served against the Government party The attempt of
the Hon. Mr. Joly to obtain possession of tbe M , O. & W.
Railway, just on the eve ot the Dominion general elections, excites
considerable attention, and has given rise to not a little comment of
an adverse tenor, so far as concerns the ministry of the hon. gentlemen
who constitute the Government. It is claimed by many that the Hon. Mr.
Joly is acting in the matter at tbe suggestion of tbe Hon. Mr.
Mackenzie, who recognizes in the patronage inherent in the railway an
engine to be used in tbe coming elections ; this a conclusion doubtless
reached when procedure extant upon other Government railways in
considered. Mr. Joly denies that the elections have any thing to do
with the attempt to seize the railway. The contractor's assertion is
the contrary, however, and the public can judge whether there was not
time enough before this for the demand to have been made; more forcible
does it appear when the reader considers the Premier's "welcome news"
to the East End electors that they are going to have the depot within
the city limits, and this told at a Grit election meeting. How ever
that may be, the proposition made to Mr. Macdonald by the Premier
brought about a meeting between the parties yesterday, and the result
of the conference is that Mr. Macdonald refused to surrender the road
until his claims had been paid, and after some farther conversation the
parties separated. LEGAL PROCEEDINGS The contractor, Mr.
Macdonald, through his solicitor Mr. Doutre, Q. C, then took legal
measures to prevent any further interference, which are explained as
follows:- Duncan Macdonald, petitioner, plaintiff gainst the Hon. H.
G. Joly, personally, and as Minister of Agriculture and Public works
for the Province of Quebec, and Peter A. Peterson, of the city of
Montreal, civil engineer, defendants. The petitioner, after relating
tbe contracts made by him with the M. O. & W. R. Co , and with the
Quebec Government, avers that he has done all that could be expected
from him in the execution of his contracts ; that, after the
appointment of railway commissioners he has been interrupted and
delayed over twelve months at a time for plans and instructions
concerning some bridges or other details of the work, these delays
being caused by the malicious combination of the railway commissioners
with the Government engineer, the said P. A. Peterson, to arrest and
injure the plaintiff ; in the execution of his works, he has spent
money to such an extent that the Government is now in his debt in
a sum exceeding $1,000,000; that the undertaking by the plaintiff, to
complete his works by the 1st of October 1877, implied tbe obligation
on tbe part of the Government to do all that was expected from them in
the execution of their part of the contract ; that, instead of paying
him the value of his work in monthly estimates and instalments, as they
had agreed to do, they have failed to pay him any money since the month
of November, 1877, and have ever since refused either to pay or adjust
his accounts by arbitration or otherwise ; that on tbe 26th August,
instant, tbe Government had served upon plaintiff a notice intimating
that tbe Government had cancelled his contract, and requesting him to
hand over the line of railway, with the branch to St. Jerome, with
accessories, such as rolling stock, &c, and that on the 28th of
this month they distributed a notice to the employees of the plaintiff,
threatening them with dismissal from service if they should aid in any
way the plaintiff in withholding the possession tbe road from the
Government. The petitioner avers that everything connected with the
railway, rolling stock, &c, is his property and is in his
possession, and that he is entitled to an order enjoining the
defendants to desist from intrusion and interference with his affairs
concerning said railway, and with his employees and servants. The
petition was presented to Mr. Justice Rainville, who ordered the issue
of the writ, with the injunction, as above, returnable on the 3rd of
September next ; the writ only to be issued after security being given
for $600, or a deposit for the same amount in the hands of the
prothonatory, to answer for damages and costs resulting from the
issuing of the writ. The deposit was immediately made, and the writ
issued and served. This procedure is in conformity with tbe
requirements of an Act of the last session of the Quebec Legislature. TRAIN SERVICE will
commence to-day,and will continue at least until the 3rd inst., which
is the date on which the writ is made returnable. What phase matters
may thereafter take, the future will unfold as it comes to pass.
Ottawa Citizen 31 August 1878
Sheriff
Coutlee and Deputy Haldane, accompanied by Mr. Massey, proceeded to the
Hull station of the QMO&O at ten o'clock this morning with the
necessary documents to secure the premises, track and rolling stock on
behalf of the government. No resistance was attempted. The
sheriff demanded the keys of the various buildings and on receiving
them took formal possession of them in the name of the government and
handed them over to Mr. Massey as government guardian. The
following notice was attached to the station house at the time the
sheriff opened the door: "Province of Quebec, District of Montreal in Superior Court. Duncan MacDonald, petitioner, plaintiff against the Hon. H.G. Joly and Peter A. Peterson, defendants. We
hereby certify that a writ of injunction has this day been issued from
this court, ordering the defendants to desist and abstain from further
intrusion and interference on the line of railway and accessories, and
with the station agents, clerks, locomotive and train hands, sectionmen
all other servants or men employed by Duncan Macdonald, under pain of
being in contempt of this court and treated accordingly. (Signed) Herbert, Honey, Gebdron, Prothonotaries." After
the seizure Mr. Massey asked Mr. Gouin the station agent if he would
take charge of the station on behalf of the government and on his
replying in the affirmative the keys were given to him and he will act
under the instructions of Mr. Massey. Mr. Ogilvie, the
Baggagemaster, Crawford, the foreman of locomotives, Mason, a
carpenter; and McDonald, the switchman were also employed on behalf of
the government. No freight will be allowed to leave the freight
shed before Monday. Trains may not run for the next eight or nine
days. The sheriff and deputy, with Mr. Massey, have left to seize
the different stations below Hull.
Ottawa Free Press 31 August 1878
Sheriff
Coutlee of Ottawa County, assisted by the Deputy Sheriff, this morning
seized on the depot and plant of the Q.M.O. & O. R.R. at
Hull. This is owing to the present difficulty with the Government. - - - Interview with the Premier Joly.-- MacDonald felt he should retain possession of the railroad until the arbitration, had outstanding debts.-- MacDonald ready to lease to the Government-- We were ready to take possession yesterday -- An
order in council was passed yesterday giving the necessary authority to
carry out the purpose of the Government and he was waiting for the
warrant to arrive -- Doutre, lawyer for MacDonald obtained a writ of injunction -- MacDonald states that he will open the road again, and the trains will probably be running tomorrow.
Montreal Gazette 2 September 1878
SEIZING A RAILWAY The
Premier Mr. Joly orders out the troops The railway seized at both
ends. Battery, the Sixty-fifth and Sixth Fusiliers regiments and
Montreal Brigade of Garrison Artillery called out. The public during
the past few days have heard something about the controversy between
between the Quebec Government and Mr. Duncan Macdonald, and the latest
phase of the case up to Saturday night was that published in The
Gazette of Saturday morning, announcing that an injunction had been
granted by the Hon. Judge Rainville restraining the Hon. Mr. Joly,
Premier of ths Quebec Government, and Mr. P. A. Peterson,
Chief-Engineer of the Government, from interfering with the road. Fancied Security The
writ was made returnable on the 3rd inst., and was served upon the
above named gentlemen. It was thus concluded that the obstacles to
traffic were removed, and that passengers could proceed to their
destination. With this understanding and object a train was despatched
early on Saturday morning. It did not get further than Mile End
Station, however, and here remained, as Mr, Peterson, acting under
instructions from the Government, seized tbe road at Hochelaga. Fears of Resistance Resistance
is said to have been feared at Mile-End Station, and at 7 p. m. on
Saturday ten men - thee detachment of B. Battery from St. Helen's
Island - were ordered to march to the Mile-End and take possession. At
the same moment an order was in the hands of Lieut.-Colonel Fletcher to
furnish to Mr. Peterson two hundred men from the Volunteer force in
Montreal, or as many more as might be required. Accordingly the
commanding officers of the 65th Rifles, the 6th Fusiliers, and the
Montreal Garrison Artillery were ordered to furnish each 60 men.
Meanwhile it transpired that the sheriff, in the name of the
Government, had seized the line at the Hull end of the route, and that
Mr. Duncan Macdonald had collected a large force of his employees,
armed them, collected all his rolling stock, and having placed the
whole in a siding beyond Ste. Therese, known as the gravel pits, was
determined to resist any further interference. As the gravel pits are
in a naturally fortified place, two hundred men, well armed and
determined, could hold it against any odds. THE VOLUNTEERS CALLED OUT. For
this reason, it was determined to send the main body of the Volunteers
thither. Accordindly, as soon as possible the train, which had been in
waiting all day, was made use of and additional cars coupled to
accommodate the troops. It is no easy matter to procure volunteers at
half-past seven on a Saturday night, and it was half, past eleven when
the quota from Col. Martin's Sixth Fasiliers marched into the depot at
Mile End, commanded by Capt. Blaiklock having trudged tbe whole
distance from the City HalL They had reached within a mile of their
destination when the rain commenced to fall, and by the time they had
gone half a mile farther were making headway through a blinding storm
of wind and rain. They were in heavy marching order, and suffered
severely from want of water, there being lots of it outside but none at
the station. The men of the sixty-fifth arrived about the same time,
under command of the Major, accompanied by four officer. Mr. Peterson
welcomed the troops very warmly, and hurried them on board the train.
Mr. Louis Perrault was left as the magistrate in charge at the Mile End
Station, and accompanying Mr. Peterson on the train was Mr. Louis
Lamontagne, in order to act in case an attack were made on the train. ALL SORTS OF RUMORS were
prevalent, as to the track being torn up and demolished, so that it was
at slow speed the train progressed. A force of 60 men and four officers
from the Montreal Garrison Artillery was ordered to Hochelaga, and took
possession of the station at that point, while the force of ten men at
the Mile End was reinforced by Lieutenant Nelson, of the Sixth
Fusiliers, and a force of 16 men. ATTEMPT AT SEIZURE AND A REPULSE. It
was said that the Sheriff of Terrebonne had made tbe seizure on
Saturday, or had attempted to do so, but was repulsed by armed men,
presumably in the employ ot the contractor, Mr. Macdonald. This repulse
is said to be the reason for the Govemment calling out the volunteers. THE SITUATION yesterday
morning was : The Government in possession of each end of tbe road, the
contractor in possession of tbe rolling stock at Ste. Therese
sand-pits, guarded by about two hundred men, armed with revolvers and
axes, etc. Watching these men were some 130 men of tbe Sixth Fusiliers
and Sixty-Fifth regiment, who now await the result of this mornings
negotiations. THE GOVERNMENT'S VIEWS may be stated on
uncontrovertible authority to be :- They consider that they are
entitled to the road, and must have it. They have endeavored to get
peaceful possession, but must have possession, and should resistance be
offered, the responsibility will remain with the contractor and his
party. Force will be nsed if necessary, but the display of well-armed
and numerous troops will overawe any attempts at resistance, and the
matter may be adjusted by Mr. Macdenald submitting under protest. OFFERING A COMPROMISE. It
is true that at the meeting on Thursday last between the Hon. Premier
and Mr. Macdonald, the latter was offered the amount whicb be claimed
as bis earnings, $5,000 per month, if he would allow the Government to
take possession - that amount to continue until arbitration should
settle the contractor's claims, and be then deducted out of the amount
awarded. This statement is as curious as it is true, in view of the
plea for the Government that the contractor has been paid $850 in
excess of his contract. With reference to the writ of injunction on the
Hon. Mr. Joly and on Mr. Peterson, the pretension of the Government is
that the Public Works Act and the contract with Mr. Macdonald expressly
stipulate that the Government shall at any time have power to step in,
stop the road and take possession provided the contractor does not fill
the conditions ot his contract. It is of course denied that the present
movement on the part of the Government has anything to do with the
elections, or that the patronage of tbe road is to be diverted to the
support of the Mackenzie-Cartwright policy at the elections. The
public will be the best judges of that, however. REINFORCING THE TROOPS All
day, until 4 o'clock in the afternoon, the Hon. Mr. Joly and. Hon. Mr.
Marchand were at the Government offces, and with view to overawe Mr.
Macdonald's men, it was decided to call out an additional force of
volunteers. Accordingly Col. Fletcher, C.M.G, D.A.G., was ordered to
call out more men and to proceed at once with them to Ste. Therese. At
half-past twelve an order was given to Col. Labranche of the Sixty
Fifth, to call out his entire regiment, and at 6 o'clock that
indefatigable officer was ready with a force wbich raised the numbers
of his regiment in active service to 200 men. The Sixth Fusiliers,
also, had largely reinforced their men, while the detachment at the
Mile End station, under Lieut. Nelson was relieved by Lieut. Hood, and
Lieut. Gray, in charge of his detachment, was in waiting to proceed by
train to reinforce the command of Laplaio Blaiiklock at Ste. Therese. THE PLAN OF OPERATIONS is
for Col. Fletcher to command the attack at Ste. Therese, should one be
deemed necessary necessary; for Col. Bacon to proceed thence to Hull,
and leave a detachment at the different stations on the line of road.
Col . Harwood has been telegraphed to come to Montreal and assume
command in the absence of Colonels Fletcher and Bacon, and until then
Col. Martin, of tbe Sixth, the senior officer of the Fifth District
here, will take command and be in readiness to further reinforce the
troops now in service (SPECIAL TELEGRAM FROM OUR OWN REPORTER Ste. Therese, September 1 The
last detachments of the 65th Mount Royal Rifles, and 6th Fusiliers
arrived here this evening, and were billeted in various parts of the
village in tbe hotels and buildings which could be procured for the
purpose, A RUDE RECEPTION. A tremendous crowd of people met
them at the station, and quite a number made use of insulting aud
threatening language. Knots of men assemble on tbe sidewalk and discuss
the question in such a manner that it is quite evident that they are
supporters of Mr. Macdonald. Tbe greatest excitement prevails
throughout the whole village. Lieut. Col Fletcher arrived this evening,
and has assumed command of all the military in tbe place, consisting of
150 men and officers, 105 of tbe 65th Mount Royal Rifles and 45 of the
6th Fusiliers. The contractor is said to have 300 more men. of which
150 are in the village. Upwards of 150 or 200 are in the sand-pit, two
miles west of here, and are said to be aimed with guns, revolvers,
&c. A branch line has been run into the pit, and all the engines,
numbering ten, and a large number of cars, have been run into it. The
engines have been dismantled and the parts hidden. They have also a
hand car in their possession, and squads ot ten or a dozen come to the
outskirts of the village and cut through tbe fields to some houses,
where they get their meals. Several of these men have openly
acknowledged that they will oppose the step that tbe Government is
taking. AN ARREST. Mayor Lapointe arrested Marshal, one of the
foremen, this afternoon, for insulting some of the officers and men. He
was kept in for a few hours and allowed to go. Mr. Loranger and Ald.
Laberge, of Montreal, are here. THE LATEST. The military will
form in procession to morrow at seven o'clock, to proceed to the
station, of which they will take possession, and a guard will be left.
They will then proceed to the sand-pit and the Sheriff will demand the
surrender of the rolling stock &c If they refuse the Sheriff will
call upon the Magistrate, who will also demand the surrender ot the
rolling stock, and if they again refuse, he will call upon the military
to assist the civil powers and tbe matter will be left entirely in the
hands of the commanding officer. Mr. O'Brien, tbe paymaster, stated
that the men are not armed, and that it is not their intention to
fight. They will retain possession as long as they can, but respect the
law too much to forcibly resist. Their object is to resist until some
of the men are arrested and then have a test case at law. From present
indications it is altogether likely that there will be a big
disturbance.
Ottawa Citizen 2 September 1878
Detachments
of the Montreal Garrison Artillery, altogether some 300 men, were
called out by order of the Quebec government, and put in possession of
the Occidental Railway at Hochelaga, Mile End and Ste. Therese.
Mr. Macdonald had run off all the rolling stock belonging to the road
into a sand pit at Ste. Therese owned by him where the locomotives were
dismantled and put under a guard of 200 or more men. 1 p.m. Sheriff
Rouselle, under protection of the military, between 8 and 9 o'clock
this morning seized the station, offices and all the plant belonging to
the Occidental Railway at Ste. Therese, including the locomotives in
Mr. Macdonald's sand pit. The locomotives have been put out of
running order but the pieces which had been hidden have been found and
already several locomotives are on the track. No resistance was
offered by Mr. Macdonald's men.
Montreal Gazette 3 September 1878
THE M, O. & W. RAILWAY. The action of the government yesterday at St. Jerome and Ste. Therese - The railway in their possession. The
action of the Government in calling out the troops in Montreal caused
no end of comment on the streets yesterday, and was discussed from all
points of view and by persons persons of all shades of politics. The
opinion generally expressed was that the Government acted rather
hastily in the matter, and few could be found who would have believed
that the Hon. Premier, in face of an injunction from the Court, would
have participated in or permitted such action to be taken. The whole
matter is contrasted with the action by the Dominion Government in
possessing themselves of the Crystal Palace - an event fresh in the
minds of readers of the daily press. Many ask the question, why was the
military force called out until the civil power had proved inadequate,
and in answer to this we may state that ths troops were called out by
Lieut.-Col. Fletcher in answer a requisition signed by four
magistrates, Messrs. Louis Perrault, Louis Lamontagne, Napoleon
Lefebvre, Charles Meunier. A Gazette reporter had an interview with Mr.
Perrault, and in answer to the question whether the civil power had
been set at defiance, that gentleman said not to his knowledge, but
that these magistrates had at the request of the Hon. Mr. Marchand
signed the requisition calling out the troops. The Government wanted
them, and they, as magistrates, had agreed to sign the requsition. Mr.
Perrault had also remained at the Mile End all night of Saturday to
read the Riot Act, so that the troops could fire upon the mob if
attacked There was, however, no signs of a mob. A SEIZURE EFFECTED IN STE. THERESE Early
yesterday morning the volunteers commanded by Col. Fletcher, comprising
the Sixty-fifth under Col. Labranche, and the Sixth Fusiliers, under
Capt Blaiklock. were placed at the disposal of the Sheriff and
proceeded first to the station, which was taken possession of. The
Volunteers then started for the sand-pits, but no resistance was made,
and the sheriff captured seven locomotives and a large quantity of
rolling stock. It was then decided to send on a detachment to St.
Jerome, and to picket the other stations along the line of railway to
Hull with Volunteers, this duty being assigned to Lieut-Col Bacon. THE GOVERNMENT'S INTENTION is
to commence this forenoon the running of the usual trains, and they
hope that no interruption will hereafter occur to the traffic of
the road. THE MILITARY FORCE at Hochelaga consists of a
company of the Montreal Garrison Artillery, while at Mile End is
stationed a detachment of men from the Sixth Fusiliers, the men of B
Battery, recently quartered at the Island, having also been kept at the
station. LEGAL PROCEEDINGS. In the Superior Court, Judge
Johnson presiding, a motion was made on behalf of Mr. Duncan McDonald,
contractor, by his attorney, Mr. Doutre, Q C, asking that Mr.
Peterson, one of the defendants, and Hon. Mr. Chauveau, sheriff
of this district, be declared in contempt of Court. Mr. Carter, Q.
C., claimed on behalf of Mr. Chauveau that sufficient notice of the
motion had not been given, and that copies of the affidavits on which
the motion was based had not been served with the notice. It was
impossible to answer an application based on affidavits, copies of
which had not been served. On behalf of Mr. Peterson, he argued that
the service was made on Saturday last, which did not allow that
intervening time required in matters of this kind. Mr. Doutre
contended that the notice had been given in sufficient time, under
Article 24 of the Code of Civil Procedure. As to the affidavits, Mr.
Carter represented both parties, and therefore did not require to have
two copies of the affidavits furnished to him, the same affidavits
applying to each case. Judge Johnson ruled that, as respected the
notice of motion, the time given was quite sufficient; but with regard
to the question of affidavits, the fact that the one counsel acted for
both parties did not do away with the necessity of giving copies to
each, since either might wish to consult other counsel. He ordered,
therefore, that this motion be enlarged until Wednesday morning, until
Mr. Chauveau can have communication with the affidavits with which the
motion for contempt was served. Mr. David A. Boss, Attorney-General
Attorney-General Attorney-General of the Province of Quebec, was
present during the proceedings. A WRONG IMPRESSION exists as to
the cutting of the wires of the Dominion Telegraph Company. It was
supposed this had been the work of the Macdonald party, but it
now transpires that the Government ordered it in order to keep the
contractor from communicating with the men at St. Therese. What the
Dominion line will charge for the use - or rather the abuse - ot their
wires will be matter for the Company to arrange with the Government
hereafter. - - - THE
RAILWAY DIFFICULTY - We understand that the Government have succeeded
in obtaining possession of the Montreal & Western Railway, and that
trains between this city and Ottawa will resume running to-day at the
usual hours. Whatever opinion may exist as to the manner in which the
Government have acted, the pnblic will be glad to learn that the
railway is again in operation.
Montreal Gazette 3 September 1878
(SPECIAL TELEGRAM FROM OUR OWN REPORTER.) Ottawa,
September 2. - At three o'clock this afternoon a special train
containing 12 men and a Lieutenant, left Ste. Therese for Hull. Most of
the stations on the line were closed and no one in attendance. It was
anticipated that the track would be obstructed by Mr. Macdonald's men,
but neither the track nor train was interfered with. On their arrival
at Papineauville Station they were met by Sheriff. Contlee of Aylmer,
and Mr. Massey, assistant Government chief engineer, both of whom had
driven in a carriage from Hull and taken possession of all the stations
between that place and Papineauville. They took possession of the Hull
Station on Saturday morning, and left it in charge of 20 special
Constables. At Papineauville, the Sheriff and Mr Massey got on board
the train and returned to Hull. No resistance was offered when they
took possession of the stations, but the greatest excitement prevailed.
At five o'clock this evening, another special train left St Therese
with 40 men and officers under Lieut-Col Fletcher. They were
accompanied by the Sheriff of the District of Terrebonne, who took
possession of all the Stations between St Therese and Papineauville.
Six soldiers were left at each station on the line. The train arrived
in Hull at 11 p.m, amid much excitement. The military are stationed in
the hotels near the station. No row is anticipated, and it is probable
that the military will return to-morrow morning. The Government has now
full possession of all the road and trains will be run regularly after
to-morrow.
Ottawa Citizen 3 September 1878
Trains
on the QMO&O will leave both ends of the road regular time tomorrow
(Wednesday). Freight on Wednesday regular time. A large crowd
assembled at the railroad station this morning to see the first train
start under the new state of affairs. The military were on hand,
having come up from Montreal by a special train last night. Their
services were not required.
Montreal Gazette 14 September 1878
THE QM, M., O. & O. RAILWAY INJUNCTION Mr. Peterson adjudged guilty of contempt. There
was a large attendance in Court this morning. Punctually at 11 o'clock
the Hon. Judge Johnson took his seat and delivered the following
judgment;- Macdonald, plaintitf ; vs Joly, et al. defendants ; and
Chauveauu and Peterson, mis en cause.- In this case a motion to commit
Peterson, one of the defendants, and also Mr. Chauveau, the Sheriff,
for contempt in disregarding an injunction, was made and answered on
Friday, the 6th, and part of the answer then made by both of these
gentlemen depended upon a question which they raised by a motion to
revise the order of Mr. Justice Rainville, upon which the injunction
was issued ; and the grounds urged for revising it were substantially
that it had been improvidently issued, because the proceedings
complained of in the petition for injunction were taken under an order
of the Executive Council of the Province, made in pursuance ot the
authority given by the Provincial Act. 32 Vic, chap. 15, having
reference to the resumption, under certain circumstances, of public
works. The papers were put before me the following day (Saturday), and
I had but a very short time to look at them, and on Monday I requested
the counsel to speak to a point that had presented itself to me, and
counsel were heard upon that point the day before yesterday. I have
now, therefore, to give judgment on the motion for contempt and on the
answer that is made to it ; and first as to the motion to revise the
order for injunction: I am of opinion that the motion cannot be
granted, and therefore that that part of the auswer made to this
proceeding for contempt fails. 1 do not regret the discussion that took
place the day before yesterday as to whether the Act of 1869, c. ?,
gave the Provincial Government power over any but provincial works,
because too much light cannot be thrown upon so important a subject;
but I observed to counsel then, and I must observe again now, that I am
concerned only at present with the proceedings for contempt ; and as
regards the question whether a contempt has been committed. It is
immaterial whether a good defence can ultimately be made to this
injunction or not, the question at this moment being only whether this
order, on the face of it, is such a nullity (as a necessary conclusion
from what is alleged in the petition) that it could be treated as if it
had no existence; because if the learned Judge saw on the face of this
petition that it was averred, and sworn to, as it undoubtedly was, that
the company from which the Quebec Government purchased being a Federal
corporation had no power to sell, and the Quebec Government no power to
buy; and if he further saw, as he might have seen, that in another case
to which the Quebec Government was itself a party, it had been held
that they had nothing, at the very utmost. but proprietary rights in
tnis railway after it had ceased to be a provincial work, and had
changed its character into a federal railway, it will hardly be
contended that, under such circumstances, he ought not to have granted
the injunction; indeed, it appears plain that the learned Judge, who is
known to be one of the most accurate and painstaking judges on the
Bench, would have violated his duty if he had refused it; for, after
all, whether Mr. Macdonald's asserted rights ultimately prevailed or
not was not the question; whether those rights involve, as he asserts,
over a million of dollars, or whether it ultimately turns ont that he
has nothing to Iose, makes no difference. There was one right that he
clearly had when he asked for that order a right common to the
wealthiest contractor and the humblest laborer on the line, both
exactly to the same extent, neither more nor less and that was the
right to be heard, and to have his case heard, and to make those of
whom he complained come and answer both, and show their right, if they
had any; and he got that right acknowledged, and properly acknowledged;
and those to whom the injunction was addressed might have come and
answered him, and have exercised their undoubted right also of being
heard; but, instead of that, it is asserted that they set themselves
above the law, and therefore the question now is whether this was a
legal injunction prima facie to be regarded and obeyed, or whether
these gentlemen, without giving themselves the trouble to come and
answer it at all, could disregard and disobey it,- in one word, whether
the authority ol the Queen, conveyed in the usual form of a writ, under
the seal of her Court, can be overpowered by the mere brutal assertion
of force. I say that is the question now, and so on the clearest
grounds it is the question, if there is to be in this country such a
thing as liberty under the law. It is indeed conceivable that the
rights of the executive administering different departments of the
Government for the public may have been vested in them in a different
form, as regards the mode of their exercise, from those of individuals;
but the exercising of those rights must be subject to the law of the
land, and it appears to me that in a country possessing at least some
of the essential forms of the English political constitution, it ought
to be obvious to every one that there is and can be no power that is
not in some shape amenable to the law, or that can venture, at least as
far as the instruments of that exercise are concerned, to set the
supreme authority of the laws at defiance. It is clear, therefore,
under this view of the case, that it would be equally premature, at
this moment, to say anything as to the ultimate validity on the one
hand of this writ of injunction, or on the other of the
Lieutenant-Governor's warrant that may be opposed to the
injunction on the merits. All that we are concerned with now, having
once ascertained the legal existence of the writ, will, therefore, be
the facts that constitute the contempt complained of, and those that
constitute the answer to it. These facts are, as far as the Sheriff is
concerged, distinctly traversed; and I think fairly and successfully
traversed. All that was done by that officer was done previously to his
getting notice of the requirements of the writ. In Mr. Peterson's case,
however, the matter steads very differently. He does not traverse the
facts at all ; but merely justifies them by setting up a warrant and
saying that he acted in obedience to it. As far as regards Mr.
Chauveau, therefore, the plaintiff will take nothing by his motion for
contempt against him and it will be dismissed, but without costs. In
the case of Mr. Peterson, though I have said, and still say, that as a
matter of law his position is a very grave one, I should be sorry to
believe that that was the light in which the matter presented itself to
him, for he says he acted under advice, and the circumstances were
undoubtedly such as would impose upon him. Although, therefore, he may
be without excuse in law, there may have been much to excuse him in
point of fact, and the judgment I am about to give is one that will be
suited to the singular circumstances of the case. This gentleman seems
to have had everything on his side except the law, and that was clearly
against him. The law is supreme, and, unless we are in a state of
anarchy, it must be so held and regarded by all men, and they can only
disregard it at their peril. The law, in this case, received its
clearest expression in the terms of the writ that Mr. Peterson had
seen, and that writ told him and all concerned to stop for the present,
and to come before before the Court and make proper answer to it, where
they could be heard and their rights decided. It cannot, in a
civilised, community, admit of doubt that it was Mr. Peterson's duty to
obey this writ. The judgment of the Court upon this motion is, that
Peter Alexander Peterson is adjudged guilty of contempt ; and, as
regards the punishment for his offence, the Court reserves to itself to
pronounce hereafter, and it is further ordered that he enter into his
own recognizence in the sum of $1,000, to be and appear in his own
proper before this Court whenever he shall be called upon by a
twenty-four hours' notice in writing so to do - then and there to
receive the judgment of the Court in his own person, or (if he shall
make fault to appear) in his absence and that he pay the costs of the
present motion. Mr. Doutre, Q C, asked to add to his petition, that Mr. McDonald be reinstated in possession of the road. Mr. Carter, Q.C., said that would be adding a writ ot mandamus to the writ of injunction. injunction. Mr. Doutre, Q C, said both writs meant the same thing. His Honor took the motion en delibere.
Ottawa Electric Railway February 1906
Ottawa Citizen 6 February 1906
Ottawa Electric Company Lose Again in Miss Dodd's Action Toronto,
Feb. 6. The court of appeal has dismissed with costs an appeal by the
Ottawa Electric Railway company in the action of Dodd vs. the Ottawa
Electric Railway. The company appealed from judgment of the divisional
court, dated 27th June, 1905, dismissing with costs an appeal by the
defendants from judgment of Justice Teetzel upon findings of a jury at
the Ottawa spring assizes in favor of plaintiff for $1,200 and costs in
a negligence action. The plaintiff, a music teacher in Ottawa, while
stepping upon the defendant's car at corner of Lyon street, was thrown
to the ground owing, as alleged, to the car starting prematurely. The
jury found in plaintiff's favor.
Ottawa Journal 20 February 1906
Seized four electric cars. Miss Dodd springs surprise on company Sherriff
Sweetland has seized three streetcars and a repair car belonging to the
Ottawa Electric Railway Co. to satisfy the judgement of the High Court
sustained by both the Divisional Court and the Court of Appeal, for
$1,200 in favour of Miss. Theresa Dodd of this city. It is not
supposed for a moment that the defendant company is unable to liquidate
the judgement, but the action was taken presumably, to forestall the
intention of the company to carry the matter to the Supreme Court of
Canada. The cars are seized and held for sale at 11 a.m. Saturday
Feb. 24 at the Railway Company's sheds at Albert Street and notice to
that effect is posted in the sherriff's office at the Court House. The
cars are No. 45, 24 and 26 and repair car No. 10. In this case, Miss
Dodd, music teacher, was injured by a fall from a streetcar. She
claimed damages and won her case on two appeals. The Electric
Company declared its intention of appealing to the Supreme Court, but
Miss Dodd, a lawyer, has evidently determined not to wait.
Ottawa Citizen 20 February 1906
SEIZED THE CARS Miss Dodd's Counsel Issue Writ Against Railway. Four
cars of the Ottawa Electric Railway company are advertised to be sold
by the sheriff on Saturday, February 24th. They were seized under a
writ of execution. Some time ago Miss Theresa Dodd, music teacher,
was given a verdict by a jury against the company for damages sustained
on a street car. Appeals were taken to the divisional court and the
court of appeals but the judgment was sustained. Then counsel for Miss
Dodd had Sheriff Sweetland seized the four cars on a writ of execution.
The cars seized were number 24, 26 and 46 and repair car number 10. The
sheriff took a bond instead of leaving a man in charge. Since the
seizure was made, Miss Dodd's counsel has been notified that the
company intends to carry an appeal to the supreme court. There is no
likelihood of the cars being sold, as some arrangement will doubtless
be made.
Ottawa Journal 22 February 1906
SALE OF THE ELECTRIC CARS Stay in Execution Ordered in Case of Miss Dodd Against Ottawa Electric Railway
A
stay in execution has been ordered in connection with the proposed sale
on Saturday next of four electric cars of the Ottawa Electric Railway
Company which were recently seized to satisfy the judgment of the High
Court, sustained by the Divisional Court and the Court of Appeal, for
$1,200 in favor of Miss Theresa Dodd, of Ottawa. The seizure was
made not because the Ottawa Electric Railway Company was unable to
liquidate the judgment, but presumably to forestall the intention of
the company to carry out the appeal of the Supreme Court of Canada. The
stay of execution was ordered yesterday by the Court of Appeal,
Toronto. This means that the sale of the cars will be postponed
indefinitely, and that the way is now open for the Railway Company to
carry the appeal against the $1.200 judgment to the Supreme Court.
Action has already been taken in this direction This is the case in which Miss Dodd claimed damages for injuries resulting from a fall from a street car.
Ottawa Citizen 15 May 1906
Supreme Court Throws Out Appeal in O.E.R Co. vs. Dodd Ottawa
Electric Railway company v. Dodd was heard in the supreme court
yesterday. The respondent sued to recover damages for personal injuries
incurred in falling when getting on a car, owing to its being started
before she was aboard and the consequent jerk causing her to fall. The
jury found that the company was negligent in starting the car before
the respondent was on the platform of the vestibule and also that it
had started the car at too fast a rate. The divisional court and court
of appeal sustained a verdict of $1,200 against the company. Counsel
for the appellants argued that as the only evidence was that of the
plaintiff, who did not prove that the starting of the car caused her to
fall, the jusry had no right to infer that it did. The court dismissed
the appeal without hearing counsel for the respondent.
February 1956 Canadian Pacific Railway
Ottawa Citizen 10 July 1956
Hull,
Que., July 10 CPR Locomotive 2514 tonight puffed its way along the
winding, 90-mile Ottawa-Maniwaki, Que., run free of its first brush
with the law in 49 years. Up until a few hours before departure.
2514 , was under seizure and in danger of being sold at public auction
because the multi-million dollar railway had not paid $218.75
debt. It was able to operate only because it had been placed in custody
of its crew. But CPR Lawyer Joseph St. Marie of Hull straightened
matters out at 3 p.m. by paying court costs of $202.50 and a bailiff's
fee of $14.25. The ancient locomotive, built in 1907, was free of legal
entanglement. The locomotive, tender, one baggage and two passenger
cars were seized yesterday at 5:35 p.m. by Maurice Chevalier, Quebec
Superior Court bailiff on the application of Lawyer Harold Maloney. Mr,
Maloney obtained writ of execution on behalf of Raymond Foucault,
awarded $202.50 court costs against the CPR earlier this year. The
costs were awarded Mr. Foucault when the Quebec Superior Court
dismissed a damage action launched against him by the railway. The
train was seized as it stood in Hull station yesterday loaded with
commuters who spend the summer in cottages in the Gatineau hills. For
good measure Mr. Chevalier also seized six benches, four chairs, one
table and a typewriter in the station. "I thought I had seized
pretty nearly everything in my time as a baliff," Mr. Chevalier said.
"But this is the first time I ever seized a railroad train! Mr.
Chevalier served his papers on J. R.
Thibaudeau, CPR telegraph operator at Hull station. But Thibaudeau was
unable to make payment. Mr. Chevalier then said the train, and other
property would be sold at public auction July 23 at 5.35 p.m.
unless the CPR paid up. The auction would have taken place at the
station after arrival of the train from Ottawa, on its run to Maniwaki.
Ottawa Journal 10 July 1956
Bailiff Seizes Maniwaki Train for payment of Hull Lawyer's Costs J. Harold Maloney, QC, of Hull, has established what may be a legal precedent. Mr.
Maloney caused the Canadian Pacific Railway's Ottawa to Maniwaki
train to be seized for payment of costs in an action instituted by the
company against his client, one Raymond Foucault, also of Hull.
Writ Served Copy
of the writ of execution was served yesterday afternoon at 5.35 by
Maurice Chevalier, bailiff of the superior court of the District of
Hull, on J. R. Thibadeau, CPR operator at Hull station. The station is
the company's principal place of business in the city. Seized,
specifically were one locomotive and one tender number 2514, one
baggage wagon, number 3559, and two passenger wagons, numbered 3260 and
1589. Included in the grab for good measure were six benches, four
chairs, one table and one typewriter on the station premises. "I
thought I had seized pretty nearly everything in my time as a bailiff",
Mr. Chevalier told The Journal, "but this is the first time I ever
seized a railroad train." After making the seizure Mr. Chevalier permitted the train to proceed on its way to Maniwaki. The
course of events which led to Mr. Maloney's contribution to the annals
of Canadian jurisprudence commenced on December 23, 1952. On that
date, Raymond Foucault, while travelling on train No. 535 from Ottawa
to Maniwaki, slugged a CPR employe, Albert H. Costello, and
subsequently, pleading guilty to a charge of assault in Hull
Magistrates Court before Judge Jacques Boucher, paid his fine. On
March 1, 1954, the CPR instituted an action in Superior Court against
Foucauld for damages in the amount of $496.92 resulting from injuries
to the employe, compensation paid him, and expense the company alleged
it had been put to because of that assault and the prosecution of the
defendant in Criminal Court. The action was tried in Hull Superior Court before Mr Justice Elie Salvas on February 28, 1956. Mr. Maloney acted for Foucault. Messrs. Ste. Marie and Ste. Marie of Hull acted for the CPR. Judge
Salvas dismissed the plaintiff's action with costs on the grounds that
it had not been brought within one year from the date of conviction for
the assault. It had been outlawed. Judgment was recorded on June 4. Gets a writ of execution. The
CPR had 30 days in which to appeal and failing to so do Mr. Maloney got
his writ of execution for his costs, taxed at $202. 60. The bailiff,
Maurice Chevalier, received the writ on Friday, July 6th, and served it
yesterday. Under the Quebec law, sale of seized movables, in the
city of Hull, including such as railway trains, must be advertised in
French and English in a newspaper or newspapers published in the city.
No sale can be held until 8 days have elapsed from the time of
publication. If Mr. Maloney's costs are not paid the CPR's Ottawa to
Maniwaki train, No. 535 will be advertised for sale in the Hull weekly
L'Opinion together with the benches chairs and typewriter. "I plan
to hold the sale unless the costs are paid", Mr. Chevalier said. "It
will be at Hull station on the afternoon of Monday, July 23 at 5.35 in
the afternoon.
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