Details of Railway Accidents in the Ottawa Area

1901, February - March - Conflict between the City and the CPR over the Crossing of Wellington Street

Privy Council Railway Committee 31 January 1901 C.P.R. Authorised to cross Wellington street Ottawa Journal 5 February 1901 ONE CROSSING IS OPEN THE OTHER IS CLOSED The Canadian Pacific Railway Company Practically Victorious Mayor Morris Ordered a Blockage but the Company Raised it. Supt. Spencer and Chief Clerk Arrested. Canada Atlantic Crossing is Tied up. This morning Mayor Morris and Ald. H.J. Davidson, Storey and Hopewell met at the city hall and along with Engineer Kerr, went to the Canadian Pacific Railway crossing on Wellington Street, where they put down timbers on the railway track, thus blocking the track. Mayor to Engineer:  "As mayor of the city, and in pursuance of the resolution of the council last evening, I order you to block and barricade this railway track." "Very good, sir" responded the engineer, and he set the men to work. While the work was being done, Constable Sullivan of the Canadian Pacific Railway appeared on the scene and was followed by a crowd of about thirty Canadian Pacific firemen, brakemen, engine drivers, laborers and other classes of employees.  They came and looked on quietly while the work was being done.  Inspector Vizard of the City Police was there in charge of his posse. He was instructed by His Worship to put three men on the crossing and to instruct them to arrest at once any one who attempted in any way to interfere with the crossing or the blockade. At the bridge Before going to the Wellington street crossing the mayor and his party went to the bridge across the aqueduct at the Canadian Pacific depot and blocked both ends by stringing barbed wire across.  Constables Cassidy and Ross were left in charge with instructions to allow no one to pass.  This bridge remains closed. When these two matters had been attended to the mayor's satisfaction the party proceeded to the Canada Atlantic crossing on Bridge Street where they put down a similar blockade to that put on the Canadian Pacific Railway. An injunction While this was going on Mr. D'Arcy Scott, solicitor for the Canadian Pacific, arrived on the scene with an injunction which he had previously served on the city clerk John Henderson at city hall.  The injunction was granted by Judge Mosgrove and reads as follows: "This court doth order that the defendants, and their agents and servants be and they are hereby restrained from barricading or destroying the plaintiff's railway at or near Wellington Street, as approved by the Railway Committee of the Privy Council, dated Jan 31, 1900 in the City of Ottawa, or otherwise interfering with the traffic of the said railway until Thursday 7th Feb. or until motion then made to continue this injunction shall have been heard and determined:. This injunction was made on solicitor Scott's injunction and the judge gives order that further affidavit can be made. Tore down the barricade. When this injunction was served, the Canadian Pacific employees began to tear down what the city had been doing. Mr. D'Arcy Scott along with Mr. Fred White, Chief Clerk in the superintendent's office served the injunction on the Mayor at the Bridge Street crossing at the same time a messenger arrived from City hall to warn the mayor that an injunction had been served there also.  The mayor and Ald. R.J. Davidson decided that they would have to consult the solicitor before offering resistance to the word of the injunction. In the meantime, Mr. Scott and Mr. Fred White returned to the Wellington Street crossing where Mr. H.B. Spencer, Superintendent of the Canadian Pacific Railway was awaiting  them with a number of employees around him.  Mr. Scott went to constables McGuire, Hamilton and Bush who had been left in charge and asked them what they would do.  He said they might as well agree to let them tear up the barricade. "You know that you are not physically able to resist this crowd." "No" answered Constable McGuire, "Nor do we intend to.  But we will carry out our orders and arrest the man who gives the order to tear up that block." Messrs. Spencer, Scott and White held a consultation as to who should be arrested and they decided that Mr. White should give the order.  Mr. White walked over to the men who were standing around with crowbars ready to do the work, and just as he was about to speak, Mr. Spencer turned around and called to a man named Cassidy: "Cassidy, tear up the block."  Mr. White gave the order at the same moment, so McGuire and the other constables decided that they would take both Messrs. Spencer and White to the police station and let them settle the matter. Messrs. Spencer, White and D'Arcy Scott agreed to this and got into the cab along with the police constables and all drove to the station. On the way they met the mayor and Ald. Davidson.  The mayor asked the constables if they were taking the men down to the station. The constables replied "Yes". "That is right," said the mayor, "Do your duty." The Canadian Pacific Railway men were taken to the station and Chief Powell was called from his house. The Chief came down and after a consultation with the Canadian Pacific Railway people decided to let them go. The Chief says that they are not arrested but may be summoned if he finds on consulting the magistrate that it is necessary. His worship the mayor is considerably incensed over the Chief's action.  He claims that the Canadian Pacific Railway representatives were arrested and that the policemen had followed out his instructions by asking or taking the men to the station. Here the matter rests and the question is was H.B. Spencer and Fred White arrested or were they not?  At any rate the barricade is gone from the Canadian Pacific tracks.  It was only forty minutes there.  The work was completed at 11.39 and at 12.10 the track was again cleared and is clear yet. The Bridge Street crossing The Canada Atlantic crossing was blocked up to the time of going to press but Messrs. Chrysler and Bethune, acting for the railway company, this morning issued a writ for a similar injunction to that of the Canadian Pacific Railway.  They expect to get the injunction and serve it this afternoon, when they will likewise tear up the barricading. There are two policemen on that crossing to guard the city's rights as well and some one else may have to go to the police station this afternoon.  The Railway Company claim that they will operate their crossing the same as usual after five o'clock to-night. How the trouble began The trouble between the city and the Canadian Pacific and Canada Atlantic Railways came to crisis today. The city council demanded last night that the railway companies' tracks on Wellington and Bridge sts. should be blockaded as the companies had not signed the agreements prepared by the city, which they had agreed to do  when they got permission to lay the crossings.  The companies were allowed to lay the tracks across city streets, subject to an agreement to be submitted by the city. Ten days ago they were given notice that if they did not sign the agreements within ten day's time the city would tear up or blockade the tracks.  In the meantime the Canadian Pacific Company got an interim order from the Railway Committee of the Privy Council allowing them to use the tracks across the streets.  The Canada Atlantic got a similar order some time ago.  Today the city practically tells the Railway Committee of the Privy Council that the Corporation of Ottawa is going to man the streets and say whether and on what terms railway tracks shall be laid across city streets. The mayor, before acting this morning wrote the following letter to the City Solicitor:- "In view of the decision of the council last night in the matter of the CPR crossing on Richmond Road and the Canada Atlantic Railway crossing on Bridge Street, and the bridge over the aqueduct, is there in your opinion any reason why the same should not be acted on forthwith." sgd W. D. Morris. Mr. McVeity replied distinctly "No" sgd Taylor McVeity, City Solicitor. His worship called on the chief of police after Messrs. H.B. Spencer and White had been allowed to go and asked the chief whether of nor they had been arrested.  The chief, the mayor says, admitted to him that Messrs. Spencer and White had been arrested and were allowed to go on their own recognizance. SAYS THAT THE POLICE FAILED the mayor says that in the case of the Canadian Pacific Railway the police failed to do their duty properly.  He has since ordered that in the case of the Canada Atlantic Railway the police shall stand by the crossing and protect it in the city's interests at all hazards using force if necessary to resist any attempt to tear up the barricade and to arrest all persons interfering in any way. Ottawa Citizen 5 February 1901 WILL BE FOUGHT TO THE BITTER END City Council Revokes Bridge and Wellington Streets Railway Crossing privileges and Orders Tracks to be Barricaded Page 1 columns 3 and 4 Much Illegible Ottawa Journal 6 February 1901 The battle is ended Hostilities between railways and the city cease. There was a cessation of the hostilities between the city and the railway companies yesterday afternoon. The cases will now go to the courts and will be fought out there. At three o'clock there was a conference in the mayor's office as to what should be done.  His worship had with him the city solicitor, Ald Hopewell, Ellis, R.J. Davidson and Ald. Taggart. Summary of previous account. The mayor told reporters that the Corporation would take every legitimate means to oppose what he terms the aggression of the Canadian Pacific Railway. They also decided to tear away entirely the bridge build by the Canadian Pacific Railway across the aqueduct for the use of their employees.  Men were put to work and during the afternoon the bridge disappeared.  The material was piled on the city line alongside the aqueduct. The Canada Atlantic crossing Summary During the afternoon the mayor was served with an injunction from the Canada Atlantic.  The injunction was almost exactly like the one issued by the Canadian Pacific railway.  The mayor asked the city solicitor what should be done in the case of the Canada Atlantic crossing in the face of the injunction.  The solicitor told him that they would have to call off the police, as with the injunction, an order from the court , they could not possibly enforce the blockade of the crossing.  It would be contempt of court to do so. The mayor accepted this advice and called off the police.  Last night the company removed the blockade and operated the line.  This injunction will also be argued on Thursday next and after that both cases will likely get a hearing before the Railway Committee of the Privy Council. Ottawa Journal 7 February 1901 WILL MOVE FOR VIADUCT The County of Carleton and the Village of Hintonburgh will ask the City of Ottawa to act with them in applying for a viaduct to be constructed over the Canadian Pacific Railway crossings on the Richmond Road. This morning county councillor D. H. McLean, county solicitor O'Meara and engineer T. C. Keefer called up city engineer Ker and asked him to go to Mr. Keefer's office to look over some plans recently prepared by Mr. Keefer. Mr. Ker says that Mr. Keefer's plans for a viaduct are good ones and would be very suitable if adopted. The county will formally write the city asking their co-operation before the Railway Committee of the Privy Council. Ottawa Journal 9 February 1901 Four reports of narrow escapes from accidents at the C.P.R. level crossings on Wellington street, have been stated to the Journal as occurring recently. The place is a trap which will not be long without its story of death. - - - When the C.P.R. for the first time applied a week ago to Mr. Blair, minister of railways, for an order authorizing that level crossing on Wellington street, Mr. G. E. Kidd, on behalf of county interests, pointed out that the C.P.R. had laid the crossing in despite of the Railway Act, which provides that a crossing shall be constructed only after plans are submitted to the government. Also it was known that the company was defying the city. It is difficult to understand why Mr. Blair would accept this situation, and aid the company against the city. MR. SPENCER'S LAW. The Journal having argued that the government had no right to authorize a railway to use a portion of a city street without agreement, Mr. C. W. Spencer says the government has that right. Mr. Spencer writes: "The Railway Committee of the Privy Council has absolute authority to grant a railway company the power to cross a public highway on the level, whether the municipality in which the highway is situate, consents or not. The necessity for this is quite evident, as if it were otherwise a municipality might absolutely block the construction of a railway, and retarded the progress and development of the country. " What do you think of this argument as a matter of common sense? If it is a good argument, where are we at? If the argument that "a municipality might absolutely block a railway" is a sufficient reason for government to give away municipal property, then it is a good argument why the government should give away your property - your land, your house. What happens when a railway desires to cross private property is this: The railway company submits its plans to the government, gets the government approval - and then goes to get the consent of the private owners whose property the railway desires to cross. The government gives a right to the railway - to what?  To make a bargain. The railway after getting the government authority must try to agree with the private owner for the right to take his property. If an agreement cannot be reached amicably, the railway must expropriate, in other words it must ask for the appointment of arbitrators to declare what price shall be paid to the private owner for what the railway wants. By the actual, plain, specific words of the Railway Act, the position of a municipality is the same. Therefore, Mr. C.W. Spencer's law to the contrary, the government has no power to present civic property to a railway company free, or without agreement- though it may be but an agreement made compulsory upon a city by arbitrators. - - - THE AUTHORITY FOR THE C.P.R. CROSSING What was the authority for the C. P. R. crossing of Wellington street last year ? The answer is easy. There was none. The Journal showed yesterday that no authority was given by the city, save upon, condition that the C. P. R. first sign an agreement. The company never signed anything. But tbe publlc may imagine that the C. P. R. had government authority - the authority of the Privyy Council. It had not. The. company never went near the government until two weeks ago. Mr. C. W. Spencer's letter to tbe Journal tended to convey the impression thaL the company last year had government authority in some form to lay snd use that crossing. The company did not have it. More rhan that - the company in laying that crossing actually defied the law of the Dominion as well as the rights of the city of Ottawa. Ottawa Journal 13 February 1901 WILL ASK FOR A VIADUCT CITY AND COUNTY TO ACT UNITEDLY The civic railway and lighting committee after hearing a deputation from the county of Carleton decided last evening to ask the railway committee of the Privy Council for an order to do away with the level railway crossings on the Richmond Road. Those who attended the meeting were Chairman Ald. R. J. Davidson. Ald. Masson, Hopewell, Dearing, Stroud, Ellis, Vincent, Poulin, and His Worship. County's Side. A deputation composed of Warden Bradley, county councillors Berry, Boyce and MacLean, county solicitor J.O'Meara and Mr. Geo. E. Kidd appeared before the committee and urged that there should be a co-operation between the city and county councils to procure a viaduct over the Wellington street crossings of the Canadian Pacific Railway on Wellington street. County Councillor Boyce produced a statement showing how many rigs had passed through the Wellington street gates in four days time. He said that the county had sent a man there to watch and this was a sworn declaration made by the man who had been employed for four days. During that time the amount of traffic at the level crossings was as follows:- The totals for the four days had been pedestrians, 2,087, or an aversge of 521 3-4 per day: 2,812 single rigs, or an average of 703 1-3 per day; 1,427 double rigs, or an average of 356 3-4 per day: locomotives crossing 304, or an average of 76 per day. In these four days 90 rigs had been caught between gates while trains were passing. Sworn to This statement was sworn to by Robert Mason of Hintonburgh. City Solictor McVeity argued that the county should enter into an agreement with the city to pay a part of the cost of the proposed viaduct, provided the Railway Committee of the Privy Council should decide that it would not be fair for the railways to be charged with the entire cost of the proposed viaduct. The matter was finally decided by Ald. Hopewell and Ellis moving that the city council be asked to instruct the city solicitor to apply to the Railway Committee of the Privy Council for an order providing for the removal of all level railway crossings on the Richmond road and for the carrying of the city's street or road over the said tracks." Ottawa Journal 16 February 1901 THE RAILWAY INJUNCTION CASE BEING ARGUED IN HIGH COURT Page 11  column 5 Ottawa Journal 16 February 1901 HIS WORSHIP DISMISSED His Worship the Mayor, was dismised this morning on the charge of having blocked the tracks of the Canadian Pacific Railway on February 5th. The magistrate reached this decision after hearing the evidence of the city engineer and His Worship the Mayor. The engineer's evidence went to show that the company had been notified before the tracks were blocked, so that there could not have been any malice in the matter. His Worship explained that he only took the action be did after the council had voted, unanimously to have it done. He swore that there was no animus or malice in connection with the matter. Mr. W. H. Curle contended that it was not exactly necessary that there be a malicious intent proven in the case. The fact that the tracks were blocked, was the sum toto of the crime. The magistrate did not see it this way and dismissed the case. The court room was crowded. Ald. Taggart and F. F. Morris occupied seats on either side of the magistrate. Ottawa Journal 19 Fenruary 1901 The City Council Favors a Viaduct THEY AGREE TO ACT WITH THE COUNTY IN A REQUEST TO GOVERNMENT Page 3 column 2 The Record, Chesterville 21 February 1901 Mayor Morris of Ottawa has been discharged by the magistrate at Ottawa on the charge of willfully and maliciously barricading the track at the Richmond Street crossing. Ottawa Journal 28 February 1901 The level crossing over Wellington Street which was objected to by the city council was torn up this morning by order of Mayor Morris. This was because the injunction restraining the city from interfering with the crossing was dissolved in Toronto yesterday. More.  Mentions the Montreal and Ottawa Railway. City argued that this was the fourth crossing at rail level and the locality is made dangerous.  Not necessary for business but as a convenience for shunting trains. The order of the railway committee does not authorize the crossing but defines the mode and manner of crossing and provides safeguards against injury to the public. As a result of the judgment His Worship the Mayor tore up the rails across Richmond Road crossing and placed a constable there to prevent the company from laying them down again. Arrived at the scene his worship and the engineer set the men to work to tear up the rails.  They had been at work about half an hour when Mr. D'Arcy Scott, solicitor for the railway company drove up in a cab and handed the mayor an envelope. At the same time he stated that the envelope contained an undertaking from the company not to use the tracks. The mayor looked at the envelope and then at Mr. Scott and said: "Yes. Oh, all right.  I will give this to the city solicitor.  In the meantime I will make doubly sure by taking these tracks off the street." "Well", replied Mr. Scott "if you wish to take a dignified stand on this matter you will not cause any damage to the company’s property." "Oh. We won't incur any damage," replied the mayor.  "We will simply remove the rails.  I don't intend to take any advice from you on this occasion." replied the mayor as Mr. Scott turned away. Wording of the undertaking. His worship took no notice whatever of the document, but quietly smoked his cigar and watched the work of tearing up the tracks proceed. To the police he gave orders that on no account should they allow the tracks to be re-laid. Ottawa Citizen 1 March 1901 NEW C.P.R, CROSSING HAS BEEN TORN UP The Injunction, Extended by Judge Lount, Was Dissolved by the Divisonal Court Wednesday and the mayor at Once Took Action. C.P.R. Asked That Crossing be Allowed to Remain, Promising Not to use It, But Mayor Refused the Request. The tracks of the Canadian Pacific railway, on the western crossing of Wellington street, were this morning torn up by order of Mayor Morris. There was no resistance. This action on the part of the city is the outcome of the judgment of the divisional court at Toronto yesterday, unanimously dissolving the decision of Mr. Justice Lount to extend the injunction obtained by the C. P. R. restraining the city from interfering with the crossing. In view of this judgment the mayor was at liberty to carry out the instructions of the city council to remove such tracks, but which action, it will be remembered, was precluded a few weeks ago by an interim injunction secured at the time by the railway. The news that the divisional court had to decided in favor of the city was this morning supplemented by a private letter received by the city solicitor from A. B. Aylesworth, K. C., of Toronto, who represented the city in yesterday's argument. In his communication, Mr. Aylesworth stated that the court was unanimous in the decision that the interim order of the railway committee of the privy council, authorizing the use of the crossing, was wholly  nugatory and imperative. This suggestion was made in the course of the argument that the C. P.R. might undertake to discontinue the use of the crossing, but to this, Mr. Aylesworth says, the railway counsel would not agree. The whole injunction was then unanimously dissolved. The balance (page 3 columns 3 and 4) almost illegible Ottawa Journal 4 March 1901 Railway Committee Will Hear City and C.P.R. The Railway Committee of the Privy Council will meet on Thursday morning next when the city's case with the Canadian Pacific Railway re the level crossing on Wellington street will be taken up. Ottawa Citizen 5 March 1901 WILL APPLY C.P.R. Wants Crossing Plans Approved TO COME UP THURSDAY City and Other Municipalities Interested to Ask fot a Viaduct. The railway committee of the privy ccuncil will sil on Thursday morning to consider the application of the C. P. R. for approval of the plans and profiles regarding the Wellington street crossing. The mayor has received a notification of the meeting from Mr. Ccllingwood Schrieber and the city will combat the application. Mr. McVeityis out of the city on account of the death of his brother, and should he not return in time Mr. Aylesworth, K.C, , of Toronto, will be engaged to appear. A stiff fight over the application is promised, for, should the plans le approved, the C. P. R. would doubtless relay lay the tracks which the city tore up last week. Along with the county authorities, the city has made an application to the railway committee to compel the railway companies to construct a viaduct on Wellington street, thus doing away with ell the level crossings at that point, but it is uncertain as to whether the two arplicitions will be dealt with conjointly. It is likely that most of the city council will attend the meeting along with representatives of all the municipalities interested, and the session gives promise of a vigorous fight between the legal lights who will represent the respective parties in the issue. City Solicitor McVeity in a letter to council, reviews the recent proceedings in the injunction cases and in conclusion states: "I entertain very little doubt as to the ultimate success of the corporation in both cases and as both were ordered to come for trial at the April sittings the questions at issue will be determined without much delay." Ottawa Journal 7 March 1901 MAYOR IS DETERMINED WILL RESIST LAYING OF TRACKS TO UTMOST If Necessary Will Call Out all Able Bodied Citizens as Special Constables. C.P.R. Will Act. And now the fat is veritably in the fire. Mayor Morris told the Journal this afternoon that he will resist to the utmost any attempt by the C.P.R. to relay the rails torn up by the city a week ago. He says he will keep armed special constables on the scene night and day till the question is settled. If necessary he will swear in every able bodied citizen to protect the city's interests. WILL LAY THE TRACKS. Mr. D'Arcy Scott, solicitor for the C P. R. stated to-day that the company would put down their tracks on Wellington street as soon as they were ready to do so. "Well, what are you going to do with those policemen which the Mayor has placed out there?" was asked of him. "I don't exactly know," replied Mr. Scott, "but we will lay down the tracks as soon as Mr. Spencer is ready to do the work," "Will you have a free fight with the policemen?" "We may  have," replied Mr, Scott, "but I can't exactly say for a certalnty what we will do." Ottawa Journal 7 March 1901 A Stirring Time Seems to be Ahead. THE RAILWAY CROSSING FIGHT BEFORE THE RAILWAY COMMITTEE Round No.2 - The Company Scores a Point The Railway Committee To-day Approved of the Plan Submitted and Although Armed Policemen are on Guard it is Said the Crossing Will be Relaid. The city got rather the worst of the deal before the Railway Committee of the Privy Council this morning. The Railway Committee approved of the plans and profile as fyled by the Montreal and Ottawa Railway company in connection with the Wellington street crossing, and decided that the railway company before operating the crossing, should place an extra pair of gates to prevent danger to teams being caught between the crossings. The city still contends that the company has not the right to lay the tracks and operate the crossing until they have acquired the right either by expropriation or purchase of the street from the city. The company on the other hand contends that they have the right to lay the crossing and to operate the road. The mayor in the meantime has sent police to prevent the company from laying the rails of the crossing and if the company attempts to lay the tracks there may be trouble. This trouble arose out of the Montreal and Ottawa company laying their tracks across the city streets without the permission of the city and afterwards attempting to maintain the same in spite of the corporation, by issuing an injunction preventing the city from interfering or blocking the crossing. The matter went to the High Court where the injunction was sustained by Justice Lount, but was afterwards dissolved by the Divisional Court at Toronto. To-day representatives of the city of Ottawa, and the county of Carleton appeared in force before the railway committee and contended that the crossing should not be allowed under any circumstances, but that a viaduct should be constructed to carry the highway over the crossing in question. Judge Clarke and Mr D'Arcy Scott appeared for the railway company, and argued that they only wanted the committee to approve of the plans and the matter of right to expropriate should be argued in the higher court. Mr. Aylesworth, K. C., Toronto appeared for the city, along with city solicitor McVeity, and argued against the approval of the plans on the ground that if they were approved, the city would not be in a position to say whether or not a viaduct should be constructed. THE COMMITTEE'S DECISION After hearing the discussion on the matter, the committee retired for a short time and when they returned, Hon. Mr. Blair made the following statement. "The committee have conferred upon this subject and have decided to make an order in the terms of the application approving of the plans with profile as fyled, but subject to the condition to which Judge Clarke as counsel for the C.P.R. consents: that thecommittee shall hearafter at any time here an application from the city or any party interested, and make an order for the building of extra gates or the closing in of the tracks, or building of a subway, or in any other direction necessary for protection as the committee in its discretion may deem necessary from time to time. This decision will not in any way affect the pending application for the larger question of a viaduct. In the meantime and until the approaching application for a viaduct is dealt with, the committee orders two extra gates to be placed on either side of the tracks." The discussion. Judge Clark [sic], counsel for the Canadian Pacific and the Montreal and Ottawa railways, explained that the application was made under section one of the Railway Act. The application had not a very wide scope. He held that the only thing to be considered was the plan and profile of the railway company. This was in his opinion the main point of trial by the present tribunal. It had been the practice for the committee to issue an interim order for the company to go on and make the crossing while other matters were deferred for further consideration. Hon. Mr. Blair said that he had made the interim order without comparing it with the phraseology of the Railway Act as it had been in his opinion a proper way to deal with the matter. Judge Clarke held that what was to be decided today did not affect the right of the company to put the tracks down. If the plan and profile were approved it did not necessarily imply the granting to the company the right to cross the street. It might be that in this case the company would have to appropriate or pay money, as the city might have other objections than those which were dealt with by this section of the act. Mr. Blair asked if the further wording of the clause regarding the furnishing of a watchman had nothing to do with the operating. Judge Clarke held that these terms were not included in the application to approve of the plans and profile. - - - POLICEMEN ON THE SCENE As soon as the railway committee's decision was given Mayor Morris ordered ten armed policemen to go to the Wellington street crossing and prevent anyone from relaying the crossing. Up to two o'clock this afternoon no attempt bad been made at relaying the crossing, but Mr. D'Arcy Scott, for the company, announced that the crossing would be relaid, probably this afternoon. Page 9 column 4 Ottawa Journal 8 March 1901 ARMED POLICEMEN GUARD THE CROSSING And His Worship Is Alert and Ready Should the Railway Company Attempt to Relay the Rails the Firebell will Ring, a Fireman Will Turn water on the Intruders amd Mayor Will Direct the Battle. What Mr. C.W. Spencer Says. (By the Journal's War Correspondent) The mayor is on the wall path, ready to general the forces at the Wellington Street crossing, in the event of a row. Special policeman are on guard at the crossing until the trouble is settled they will live in a house nearby. A fireman armed with a line of hose and a hydrant key is also at the crossing, and has instructions to turn the water on any person who attempts to interfere with the crossing. Meanwhile the Canadian Pacific Railway Company has telegraphed for gates for the Crossing and Mr. C. W. Spencer says the rails will be laid as soon as the gates arrive. Should the battle begin, the mayor has given orders that the fire alarm bell be rung 60 times. Water and bullets may be in evidence. Yesterday morning when his worship started up to the Railway Committee of the Privy Council, he had an idea that the city would get turned down, as the committee would have before them a plain and simple application for approval of plans and this in itself being what would appear a modest request, was apt to be granted. The mayor sought legal advice on the matter and was told that even if the plans of the crossing were approved that the company would still be without the right to cross the street. This right they would have to acquire either by expropriation or straight purchase, As the city was the vested owner of the street in question. This being the case the mayor went to the police station and ordered eight of the biggest men on the force along with Sergt. Major Moylan, to be in readiness, in case they were called upon. These men were armed with 48 caliber colt revolvers, and were to be put on the crossing to prevent the relaying of the tracks, if the plans were approved by Hon. Mr. Blair and his colleagues. The plans were approved, the mayor caught a cab at the west block three minutes after and dashed down to the Bodega on the gallop. He loaded on the nine policemen, who by the way dined at the Bodega, and made another dash for the crossing. He stationed the men and gave them orders to prevent the company laying the tracks at all hazards. "Shoot if necessary," said the mayor, as he left them. This was not enough, the mayor wrote the city solicitor the following letter: Dear Sir, - in the absence of a copy of the order of the railway committee of the Privy Council, granted to the C. P. R. re Richmond road crossing, this morning, I have taken the precaution to order that a special guard of police be placed at the crossing in question to prevent the re-laying of tracks across the street at that point. As you were present and heard the arguments advanced by the C.P.R. and the nature of the order issued by the railway committee, will you kindly inform me if in the meantime, and until the courts have decided the questions before them, I am justified as mayor in continuing to protect said crossing with the view of preventing the C.P.R. Company from re-laying the same, and whether or not I would be justified in swearing in such number of special constables as may be required to protect the interests of the citizens. Yours truly, W. D. Morris, Mayor, Mr. McVeity's reply. The city solicitor who was conferring with Mr. Aylesworth, K. C.,  at the time he received this letter, took his counsel again and this is the reply he sent the mayor: Dear Mr Mayor, - in reply to your letter of to-day's date I beg to say that nothing which took place before the railway committee of the Privy Council of Canada to-day authorized the Canadian Pacific Railway Company or the Montreal and Ottawa Railway Company to construct or operate a crossing over Wellington street on the site of the crossing which was recently removed by yourself. It was expressly admitted by Judge Clark [sic], counsel for the railway company, during the application made this morning to the railway committee that the committee had no authority to authorize the construction of the crossing in question, and that the jurisdiction of the committee was restricted to prescribing the mode of crossing, and the protection which should be provided for the public using the highway. Consequently the order of the committee only deals with the matter of crossing and does not purport in any way to authorize the use of the highway by the railway company for the purposes of its railway. You are therefore justified in using all the force at your command to prevent any attempt that may be made by the railway company to lay its tracks across the highway in question at the point in question. If the company should attempt to construct or operate this crossing they will be acting without authority and will be trespassers upon the highway. Yours truly (Signed)  Taylor McVeity, City Solicitor. Twenty More Police. In consequence of this reply the mayor last evening swore in twenty special constables and ordered twenty-five along with the sergeant major to go to the railway crossing. He went out at 11 o'clock last night and saw that all was well. His worship has also arranged for a house to shelter the constables and for their meals to be furnished on the spot. These men will be quartered in the house, which is not more than a hundred feet from the crossing, until the question of rights in the matter are settled in the civil courts. Their instructions are to allow no one to meddle with the tracks or re-lay them, and in case of an attempt to do so by the Canadian Pacific Railway they are to alarm the police station and call out the whole force to their assistance. The mayor has also arranged with Supt. Geo. S. Macdonald to sound a general alarm with the big city hall fire bell. In the event of the company trying to lay the Crossing Mr Macdonald has been instructed to strike four rounds of fifteen blows, with intervals between each round - 60 blows in all. These will be repeated in each fire station and every available man will be taken to the crossing to defend the city. Would Like the Militia. The mayor says that if he can he will call out the militia to defend the city's rights in this crossing matter. He has instructed the chief of the fire brigade to station a fireman at the crossing along with the police. This man is to have enough hose to reach the nearest hydrant. His instructions are to attach the hose and turn the water on anyone who tries to interfere. What Mr. C.W. Spencer Says. Mr. C.W. Spencer when asked last evening what the company intended to do in this matter said that the company were law-abiding citizens and would abide by the law. They had by the decision of the railway committee of the Privy Council the right to lay the tracks and as soon as the extra gates which he has ordered arrive the gates will be put in and the tracks laid. Mr. Spencer did not offer to suggest how he would dispose of the mayor's military display and tactics of defense. These he intimated were matters of detail or minor arrangements. Ottawa Journal 8 March 1901 500 NAVVIES TO RELAY THE RAILS! Mayor Heard a Startling Story To-day Police Ordered to Arms His Worship Takes Steps to Provide for Eventualities in the Crossing The mayor has been informed, he says, from a reliable source that the Canadian Pacific Railway Company are massing a force of 500 laborers and men of all classes to lay the Wellington street crossing this evening or tonight in consequence he has issued an order to the police to have every man on duty armed and for them to remain near the centre of the city so as to be easily within call in case of an alarm. He says that 5,000 men will not lay those rails across the Richmond road. Mr. D'Arcy Scott the company solicitor was asked about this rumor. He said in reply that the company would not do anything out of accordance with the law. He did not say whether or not it was the intenion to lay the crossing. - - - KEEPING UP THE FIGHT A writ was issued this morning by City Solicitor McVeity on behalf of the corporation of the city of Ottawa, against the Canadian Pacific Raillway Company, for damages, for "wrongfully entering the plaintiff's lands and wrongfully constructing a railway and railway bridge thereon, and wrongfully operating railway trains over the same and for an injunction restraining the defendants from further trespass upon the said lands of the plaintiff, and for a mandatory order, directing the removal therefrom of the said railway and all other structures erected thereon by the defendent." This action refers to a bridge built over the aqueduct by the company, without the permission of the city council. A sub-committee ot aldermen approved of the bridge last year, but the city council was never consulted. Ottawa Journal 11 March 1901 THE LEVEL CROSSING Hon. Mr. Blair, minister of railways, is reported as declining to express his opinion as to what is meant by the recent approval of the Railway Committee of the C.P.R. plans for the fourth level crossing of Wellington Street in Ottawa. Mr. Blair would not say whether the approval carried with it and authorization to the C.P.R. to lay the crossing at once or merly was intended to give to the C.P.R. a standing to test the matter in the courts. Mr. Blair's indeterminate attitude is peculiar, but perhaps may be based on a difference of opinion in the Railway Committee itself, which consisted of five members. However, in any case the civic position is strengthened. Unless the C.P.R. has a positive authority from the government to construct the crossing, its position must be much weaker than the city's in any trouble that ensues; the minister of railways having declined to say that the C.P.R. has government authority, it becomes a mighty risky thing for the C.P.R. to assume that it has and to act on the assumption. - - - This defence is expensive.  City's armed force at Wellington Street will be reduced to twelve men. The excitement is cooling off.  In the meantime the CPR are not spending a cent but are playing a waiting game. - - - ON GUARD How the Constables Fare at the Wellington Street Crossing Tha special constables who are engaged in guarding the city's interests at the Wellington street crossing are having anything but a hard time. There are about twenty of them and they have established a system of watches by which two of them take two-hour spells in seeing that no tampering is going on with the crossing or that no preparations are made toward relaying the torn up rails. Sheltered in a brick house within call of the sentries the balance of the posse await in constant readiness to instantly respond to any alarm from the watshers. A restaurant close at hand supplies them with their meals and it is never necessary for any of them to go more than a stone's throw from the disputed locality. From a nearby hydrant a line of hose running to within a few feet of the track and terminating in an inch and a half nozel [sic] bespeaks a chilly welcome for meddlers, which the black leather revolver holsters in the belts of the constables indicate that the reception might possibly be plenty warm enough despite the hose. The men are objects of a good deal of curiosity to the passers-by and many remark, such as "Stay with it, old boy. You're the stuff. Show them who runs the city, etc.," are shouted to the stalwart guards. The constables do not seem to think that there in any danger of an attempt to replace the rails as long as the force remains where it is, but are inclined to believe that their withdrawal would be the signal to commence operations. Nor is there much stock taken in the story that that the railway officials were raising a sufficient force to defy the police since this must certainly result in bloodshed. A line of hose could be easily run from the roundhouse to the scene of the trouble and it would be possible for them to fight water with water. It is generally conceded however, that owing to the serious results which must necessarily follow any act of open aggression, neither side will be in any hurry to take the initiative in commencing hostilities. Ottawa Citizen 11 March 1901 COMMENT Hon. Mr. Blair confesses that he knows what the railway committee meant by its order in the Wellington street matter, but the secret is locked in his bosom. Ottawa Journal 13 March 1901 ANOTHER OF THE COMPANY'S MOVES Action Against thr City Withdrawn From The Courts The Canadian Pacific Railway Company have served notice on the city that they will not continue the suit against the city in connection with the injunction restraining the corporation from interfering with their crossing on Wellington street. What Mr. Scott Says. Mr. D'Arcy Scott, solicitor for the railway said to-day that the trial is coming up next month and that the company are not ready to proceed with the case, so thsy have dropped it for the present altogether. This leaves matters as they were before the injunction proceedings were taken, except that the city has the rails up. and men on guard to prevent the company from re-laying the rails. - - - CPR advised the city that they believe they have the right to cross.  City informed the CPR they are in error and will resist until the matter is settled in the courts. Ottawa Citizen 14 March 1901 C.P.R. COUNSEL'S LETTER MR. SCOTT NOTIFIES MAYOR OF CO'S RIGHT TO LAY TRACK Mayor Repiles That City Will Resist to Utmost Any Attempt to Replace the Wellington Street Crossing - Awaiting Developments. The fight between the city and the C.P.R. on the Wellington street crossing is evidently coming to a head, and the climax is expected to be reached shortly. The company yesterday morning withdrew its undertaking not to use the crossing until legally authorized to do so and also formally discontinued the action which it instituted against the city to secure a permanent injunction restraining the corporation from barricading, destroying or in any way interfering with the Richmond road crossing. The case would have been tried at the April assizes. What this action on the part of the C.P.R. portends it is difficult to surmise but the opinion prevails that force will be used to assert what the C.P.R. claims to be its rights. The city will stoutly resist any attempt to lay the tracks. Mr D'Arcy Scott yesterday visited the crossing, and Sergt.-Major Moylan, who is in charge of the guard, says the C.P.R. solicitor notified him that the company was going to put down rails again. Mr. Scott says he merely asked the sergeant what would be done if the C.P.R. attempted to lay the rails and the latter said that force would be used to prevent the work. Apparently the climax in the affair is not far off. Yesterday the mayor received the following letter from the C.P.R. respecting the Wellington street crossing: W. D. Morris, Mayor of Ottawa. Dear sir, - On February 28th last we wrote to you in this matter stating, on behalf of the company, that if the tracks across the Richmond road were not interfered with by the city we would undertake that the crossing would not be used until we were legally authorized to do so. You disregarded our undertaking and tore up the crossing, so that of course, the company would be bound by the undertaking given. However in order that there may be no misunderstanding, we beg now to inform you that in the opinion of the company they now have the legal right to lay the tracks and use the crossing and the undertaking referred to is therefore withdrawn. SCOTT, SCOTT & CURLE." MAYOR'S REPLY To Mr. Scott's letter the mayor sent the following reply: "Scott, Scott & Curle, Ottawa. Gentlemen, - I duly received your communication of the 12th inst. re the Richmond road crossing, and note what you say. I will transmit your letter to the city solicitor and council for information. I am constrained, however, to direct your attention to the fact that you are in error stating that I disregarded your undertaking, and tore up the crossing. You are, of course, aware that the work of removing the rails was well underway when you arrived on the spot and handed me the communication referred to, so that it would appear to me that you only decided to write said undertaking when you became convinced that the city was determined to assert its rights and protect its interests by removing the crossing in question. As I understand the matter personally, there is no necessity to withdraw the undertaking referred to, as it never was accepted by myself or any other party on behalf of the corporation. With regard to the company's view that they now have the legal right to lay the tracks and use the crossing I am of opinion - which opinion is backed up by city solicitor McVeity, Mr. Aylesworth, K.C. and others - that your company has no such right and beg to inform you that the city will resist to the uttermost any or all attempts to relay the tracks until such time as the matter is finally settled by the courts, or otherwise. I remain, yours truly, W.D. MORRIS, Mayor. C.P.R. OFFICIALS THERE Mr. Thomas Tait, general manager of C.P.R. lines east of Fort William and other C.P.R. officials, reached the city yesterday, but will say nothing as to the intentions of the company or the course which it purposes to follow. Mr. Tait complains, however, that the city is not giving the C.P.R a fair show or encouraging it in any way to help build up the capital. With the expectation that trouble was about to ensue a big crowd went out to the crossing yesterday afternoon, and the police force was there at almost full strength, prepared for a struggle if necessary, but the C.P.R employees who, it was expected would attempt to relay the tracks failed to put in an appearance. At one time the roadway was black with people and every rig coming and going hauled up and awaited developments, but the number gradually melted away and some of the policemen who had been called from their beats uptown returned. That a keen interest is taken in the case by the citizens is evidence by the crowd who lose no time in getting out to the crossing whenever trouble is anticipated. They seem to be spoiling for a fight. As all litigation has been withdrawn, the only course for the C.P.R. to pursue if it wishes to put down the tracks would appear to be by means of force. The company officials reiterate the assertion that they have legal authority for their action and say the crossing will go down police or no police, but when the struggle will occur, or what tactics will be resorted to, has not yet been made apparent. The discontinuance of proceedings and the presence here of big officials of the road give color to the prevailing opinion that matters will soon come to a focus. Mayor Morris was out at the crossing yesterday afternoon. With him he took a copy of the riot act and had it been necessary the head of the corporation would have lost to no time in reading it. His worship says that those who attempt to relay that crossing without the authority of the law will meet a hot reception. Ottawa Citizen 15 March 1901 ANOTHER INJUNCTION C.P.R. Again Seeks to restrain City From Interfering With Street Crossing. As intimated in the Citizen last evening the C.P.R. is again going to the courts for an injunction to restrain the city from interfering with the Wellington street crossing. Late yesterday afternoon, Mr. D'Arcy Scott, local solicitor for the railway, issued a writ against the city to secure an injunction restraining the corporation preventing the company re-laying its tracks on Wellington street or otherwise interfering with the operation of its line at that point. Accompanying the writ is a notice that at the weekly high court on Saturday application will be balance illegible. - - - The mayor's elaborate arrangements to throw cold water on any attempt of the railway company to relay the Wellington street crossing appear to have succeeded. Ottawa Journal 15 March 1901 APPEAL TO THE COURTS Canadian Pacific Railway Company Applies for an Injunction Against the City. The Canadian Pacific Railway Company has commenced, a new course ot action in connection with the crossing on Wellington street. Yesterday afternoon they issued a writ of summons on the city, giving notice that at the next sitting of the High Court they would apply for an injunction restraining the city from interfering with the laying of their track on Wellington street or the operation of the railway, thereon. This morning Mr. D' Arcy Scott says that this is the course of action the company has contemplated all along and that they have never for a moment thought of trying to lay the rails by force. He claims to be confident that the court will grant the injunction as the company followed out the letter of the law before they made application. The order from the Railway Committeet of the Privy Council the company charter and the wording of the Railway Act, Mr.Scott says, are all in their favor and that they will undoubtedly win in court. WHAT THE MAYOR SAYS. His Worship the Mayor has quite another view of the matter snd says that he is of opinion that the court will not even consider the company's application for the injunction. He has wired for Mr. A. B. Aylesworth, K. C. of Toronto, to come down to-morrow and assist Mr. McVeity in arguing against the granting of the injunction. The Mayor says that the reason the company withdrew their previous action in the courts was because they felt that they were going to be whipped. If it went to court and the court ruled against them then law would be made which would affect the railways in every municipality from Halifax to Vancouver. Mr. McVeity is closeted at his home to-day away from the worries of the office preparing his arguments to oppose the injunction. This morning his worship received the order from the Railway Committee of the Privy Council; made in reference to the plans and profiles submitted at the meeting held last week. The Order. "The Montreal and Ottawa Company have submlttad a plan and profile of its railway crossing the highway known as Richmond road, or Wellington street, in the city of Ottawa. "The said commltte having heard counsel for the company, the city of Ottawa, the county of Carleton, and the township of Nepesn, respectively, and having duly considered the evidence submitted on their behalf hereby approves of said plan and profile. "And the said committee having received the sanction of the Governor General in Council as appears by order of the Governor General in Council  No. P.C. 552, dated the 13th day of March, 1901, and the company, its counsel having consented thereto, requires the company to protect at its own expense the said street or public highway by two gates, said gates to be in addition to the gates already erected by the Canadian Pacific Railway Company protecting certain crossings of that company over the said street, or public highway and to be placad and installed to the satisfaction of the government chief engineer of railways and canals. "If at any time the said commlttee orders the said crossing to be removed the company shall at its own cost remove the same. " Provided, that this order shall not in any way affect any application which may be now pending or hereafter made to the said committee by the city of Ottawa, or any other party in interest for an ordsr for the further protection ot the said crossing by the changing of the location of the tracks of the company, the construction ot a subway or otherwise." The above order does not in any way establish the right of the railway to cross the street according to City Solicitor McVeity. Both he and Mr. A. B. Avlesworth hold that before the company can legally lay their tracks they must purchase or expropraate the right of way across the city street. Renfrew Mercury 15 March 1901 Ottawa and the C.P.R. are at loggerheads over the laying of a level crossing on Wellington street.  Mayor Morris, who is a fighter from head to foot, has a force of special police guarding the crossing to prevent the railway people putting down the rails.  Popular sympathy is very much with the Mayor at present; but the C.P.R. is playing a waiting game, and the guard is costing the city from $30 to $50 a day.  -- Ottawa Citizen 18 March 1901 INJUNCTION REFUSED JUSTICE FALCONBRIDGE DENIES C.P.R.'S MOTION Thinks No Interest Will Suffer by Leaving Matters in Status Quo to Be Argued at the Trial of the Action. As published exclusively in the Evening Citizen on Saturday, Mr. Justice Falconbridge refused the application of the Canadian Pacific Railway for an interim injunction to restrain the city from interfering to prevent the construction of a crossing for the Montreal and Ottawa railway on Wellington street. Mr. D'Arcy Scott appeared for the C.P.R.,  Mr. A. B. Aylesworth, K. C., Toronto, and Taylor McVeity for the city. Among those present were Mayor Morris Ald.  Jas. Davidson, Fred Morris, Hopewell and Dearing. Mr. Scott, in presenting his case said the company had by its charter the right to build a road around the city to connect with the C.P.R. at the west end of the city. The company had obtained an order from the railway committee giving it the power to cross the street. Mr. Scott put the order in as an exhibit, and his lordship mentions that in the case of the Metropolitan Railway company application to form a junction with the C.P.R. at Toronto, it was ruled that the company should expropriate and asked if it applied in this case. Mr. Scott said that while the city made the contention he submitted it did not apply in this case. The Metropolitan company's charter made it necessary for it to apply to the city for right of way, while the M and O. company's charter did not require it. Proceeding, Mr. Scott read from the railway act, sections 187 and 188, to support a contention that the railway companies always have the power to cross streets in the line of the railway. All that is necessary is to ask the railway committee to state the mode of crossing. In the Metropolitan company's case the road ran along the street, while in this case it merely crossed a street as empowered by law. Mr. Scott reviewed the circumstances connected with obtaining and dissolving the first injunction obtained, and told of the C. A. R. company's injunction. He relied on the decision of the courts in the Canada Atlantic case on the general provisions of the railway act. THE CITY'S SIDE. Mr. Aylesworth said the city was ready to join issue on the case entered by the railway company and have the case go to trial in April. There were large interests at stake in the case. The M. and O. railway company would not use the crossing; it was wanted for the C.P.R. to avoid the necessity of constructing a turntable. When it was in use the company utilized it exclusively for shunting purposes and not for through traffic. Continuing, Mr. Aylesworth said the M. and O. railway is at least two miles distant from the crossing and could not possibly require it before the sitting of the court in April, when the rights of all parties would be determined. He showed by a plan how the C.P.R. for years has shunted its trains until the fire in April last. Since then the Wellington street crossing plan was evolved, and was only a convenience for yard purposes. Mr. Aylesworth read from the act giving a charter to the M. and O. company showing that it had no power to enter the county of Carleton. The charter specifies that it may run through the counties of Vaudreuil, Prescott and Russell to a point near Ottawa. The road may connect with the Grand Trunk or other railways near Ottawa. He gave particulars to show the menace to public safety and convenience by a fourth crossing on Wellington street, the most traveled entrance to the city. After reading the mayor's affidavit setting forth the negotiations between the city and the C.P.R. Mr. Aylesworth told of the interim order obtained by the company and the subsequent litigation and clash between the city and the company. He then contended that the property was not a highway in the ordinary sense. It was private property of the city, having been bought by the city from the Bytown and Nepean  Toll Road company for $1,170 in 1889. The result of that transaction was to vest in the city the freehold of that piece of property. Mr. Aylesworth quoted analogous cases and said the city held that the company cannot cross without expropriation and compensation. He read from section 601 of the municipal act vesting the roads in the municipality. NO SIGN OF A BELT LINE Proceeding, the learned counsel reverted to the argument that the M. and O. company could not use the crossing, that it was the C.P.R. that first approached the first entered action against the city, and now a new company makes the demand. The application said a belt line was to be built around the city. No belt line is being built and the crossing is wanted solely for switching purposes for the C.P.R. Dealing with Mr. Scott's contention that a charter obtained from the Dominion parliament has greater power and precedence over charters from legislatures, and is in a different position, Mr. Aylesworth said the powers of the two bodies are co-equal in this respect, and if there were any difference it would be in favor of the legislature as the Dominion parliament has no control over the streets or civic government, a power exclusively within the jurisdiction of the legislature. He said it was absolutely unreasonable to contend that the city should not be consulted in the matter of crossing a street. JURISDICTION OF RAILWAY COMMITTEE The jurisdiction of the railway committee was next dealt with and Mr. Aylesworth argued to show that approval of plans by the committee does not give power to construct and operate. The same section that gives power to cross a highway gives power to cross a farm, but does not in any way free the company that takes the land from obligations to give compensation. The company would have no right to cross a farm and deprive a man of freehold without compensation and it was monstrous to suppose that it could take control of a city street without warrant or leave. All the railway committee said to the company was you may cross at a level. Mr. Aylesworth spoke for one hour and was followed by Mr. Scott in reply MR. SCOTT'S ARGUMENT. He said that they would not bound in any way to go to the city and went as a matter of convenience. The plans of the M. and O. railway company were filed on February 19th, 1900, months before any of the questions in dispute arose. The M. and O. is leased by the C.P.R. and though the C.P.R.'s name was used it should have no effect on the result. Mr. Scott said that there was no deed in the registry office to show that the road company had sold the road to the city. It was probable that the city had paid so much money to discontinue the use of the road. A road company does not own the road, merely having the power to collect tolls in return for which it shall keep the road in proper condition. In reply to an affidavit showing the number of vehicles crossing the street, Mr. Scott said it was a question for the railway committee to deal with. Mr Scott also pointed out that the count of vehicles and pedestrians was made on the day before Christmas, when there was an unusually heavy traffic. It is the company's right to cross the road and it is a most serious inconvenience to be blocked for even a day. THE JUDGE'S DECISION His lordship then dismissed the application with costs in the cause in any event. He said there were too many questions to be answered off hand on an interlocutory motion. He did not wish to say anything to prejudice the case at the trial of the action. There were important questions to be decided involving the question of ownership of the land, the right of the Montreal and Ottawa railway to enter Carleton county, and others. He was not determining these, but suggested that they are matters of profound importance. The balance of public safety and convenience pointed in the direction of refusing the injunction. The matter could remain in statu quo for the present. RAILWAY COMMITTEE 'S JURISDICTION He wished to state that in refusing the application it was without disrespect to the power and jurisdiction of the railway committee of the privy council. He did not think the committee professed power beyond making proper precaution for public safety and approving the profiles and directing that the crossing be erected in a certain way. He supposed the parties could agree to bring the action to trial forth with. Mr. Scott asked his lordship to make trial at the next court a condition of the order dismissing the application, but Mr. Aylesworth said it was not necessary, the city would be ready. Mr. Aylesworth was heartily congratulated by the mayor and aldermen on his success and the mayor also came in for compliments. WILL THE C.P.R. APPEAL? "Would it be right to interpret your request for a specific trial as indicating that you will not appeal from his lordship's decision?" asked the Citizen of Mr. Scott. "Oh! I don't think so; that question has yet to be considered," was the reply. Ottawa Journal 18 March 1901 CITY WINS A SECOND TIME WELLINGTON ST. CROSSING MUST NOT BE LAID Ar Least Until After the Case Between the City and Company is Tried in Court. Chief Justice Falconbridge on Saturday refused to grant the Canadian Pacific Railway company an injunction restraining the city from interfering with the laying and operating of tracks across Wellington street. This case created a great deal of interest among the legal fraternity, who almost filled the courtroom. The city fathers were also well represented. Mr. A. B. Aylesworth, K. C. placed the case clearly before the judge and not a point for the city was left untouched. It was one of the most masterly arguments ever heard in the city. For balance see Page 7 column 5 Ottawa Journal 20 March 1901 HAVE FILED THEIR CLAIM RAILWAY COMPANY TAKES ANOTHER STEP The Crossing Matter now in Litigation. Mayor Wants a Viaduct at Company's Expense. Messrs. Scott, Scott and Curle, acting for the Ottawa and Montreal Railway Company, have filed their statement of claim against the city in connection with the writ against the corporation with respect to the Wellington street crossing. The statement of claim is a formal affair outlining the contentions of the company with respect to the alleged right by law to use the crossing. This was done yesterday. It now remains for the city solicitor to file the reply to this statement of claim and then the case will come up in due form at the assizes. That is of course if a compromise is not made, but this is not likely to happen in view of the fact that the city is determined that no stone will be left unturned to decide for all time to come the exact rights of the company and the city. The recent fight with the Canadian Pacific and Montreal and Ottawa combination has taken all the attention away from the Canada Atlantic crossing on Bridge street. This is according to the city's claim a parallel case to that of the Wellington street crossing, but as the Canada Atlantic Company has gone more quietly and systematically about what they require they have succeeded with a less degree of notoriety. That case also comes up in April and will also be decided for or against the city. The Mayor is Confident His Worship the Mayor has very pronounced views as to the ultimate outcome of these cases. He feels sure that the city is going to win out, and says that he is not going on his own judgment when he says this. The mayor has been talking to several prominent members of parliament on this question, and he says that they have all agreed that the city is bound to win and that it is almost a certainty that the Montreal and Ottawa company will not let the case go to court if they can help it. Should the city win out in this case it is claimed that it will mean that in future a railway company will have to purchase the right of way over every public highway in the Dominion before the company can run a line of rail across the country. Each municipality would have to be dealt with separately and each would have to say as to whether or not the railway should cross their highways and in what manner they should cross. The mayor says he has information which leads him to believe that the railway company will be willing to pay a share of a viaduct over the Wellington street crossings rather than go to court. Now he contends that the city should not have to pay 5 cents of the cost of such a viaduct. He claims that the Canadian Pacific and Canada Atlantic companies have been responsible for the present state of this road. They have by laying their tracks made the road dangerous for public traffic, and if the courts decide against the company then the company should be ready to replace and maintain the roadway in its original state of safety either by erecting overhead railway tracks or constructing a viaduct at their own expense. Privy Council Railway Committee 21 May 1901 Provides additional protection and limits shunting Ottawa Journal 21 May 1901 SAYS TIME IS NOT YET RIPE SO JUDGE CLARKE TOLD RAILWAY COMMITTEE When City To-day Pressed for Overhead Crossing on Wellington St. More Gates Ordered Page 9 column 5 Ottawa Citizen 22 May 1901 THE RAILWAY CROSSINGS ADDITIONAL GATES MUST BE PLACED THERE Illegible Ottawa Citizen 23 May 1901 COST OF A VIADUCT Engineer Johnson's View Conflicts With Engineer Keefer and Ker's The advocates of a viaduct at the Richmond road crossings, while accepting the decision of the railway committee on Tuesdsy, are not in the best frame of mind over the report of Mr. Johnson, the departmental engineer, which was to the effect that a viaduct would be impractible. The plans were prepared by Mr. C. H. Keefer, who it is thought, knows as much about railway construction as does Mr. Johnson. Mr. Keefer says a viaduct can be built easily at a cost of about $60,600 and City Engineer Ker coincides with that view and approves of the plans. Both of these gentlemen do not understand how Mr. Johnson reached his conclusions. Ottawa Citizen 20 June 1901 THE CROSSING CASES C.P.R. Likely to Soon Replace the Track Torn Up - Question of Appeal It is questionable as to whether the city will appeal the cases respecting the C. P. R. and C.A.R. crossings. The mayor stated yesterday that he has been wrongly quoted by an evening paper as saying that the cases would be appealed. He never said any such: thing. The mayor states that it is for the council and city solicitor to say as to whether or not the cases will be appealed. Mr. D Arcy Scott, solicitor for the C.P.R., states that until the formal order is received the Wellington street crossing will not be replaced.  He has not received any information on the subject from the railway company. Ottawa Citizen 24 June 1901 WILL THE CITY APPEAL mayor Morris Asks Advice of the City Solicitor in the Matter. Page 3 column 5 Ottawa Journal 11 September 1901 THE WELLINGTON STREET RAILWAY CROSSING Now that the railways have their way there are to be enough gates across the Richmond Road to freeze farmers to death in winter who aim to get into town. Gentlemen of the railway committee of the privy oouncil please bear in mind the theory that the highways of the country are for the comfortable use of the people, not conveniences of the railways to lay switches on. There should be a viaduct over the four railway crossings of the Richmond road, and the railways ahould pay for it. Ottawa Journal 25 October 1901 "ACCEPTED WITHOUT PREJUDICE," SAYS HE Mayor Morris Says the City's Acceptance of Richmond Road Gates Will not Prevent a Future Subway. The gates on the Richmond road, that protect the three railway crossings there, are up and they have been pronounced satisfactory by the engineering department of the city. However, the mayor is determined that these gates shall not be there forever. To-day Mayor Morris asked the city engineer to act in conjunction with the city solicitor and write to the public works department in connection with the recent letter of Mr. Schreiber, to the effect that the gates were satisfactory as gates go, but that the city wanted it understood that if at any future time the city deemed it advisable to have a viaduct or a subway constructed at this point, the present acceptance of the gates was not to prejudice matters.

Return to Main Page of Railway Accidents



Updated 13 May 2024