HomeMy WebLinkAboutThe Clinton News Record, 1913-11-27, Page 5element to The
Clan New.sKcord
Clinton, Nov; 27th, 1913.
JOHN W.
The appearance of' Mr. John W.
Moyes„ before the Ontario Railway
Board last Thursday to give evidence
in the affairs of the Ontario West
Shore Railway was marked by the
failure of counsel for the various
Western corporations interested, to
secure from the former president the
minute books of the concern. Mr.
P,rondfoet has been particularly an-
xious to secure the information in
these books, but Mr. Moyers' infor-
mation was that when he resigned
his presidency in June of this year
he gave all these books to Mr. S.
C. Smoke, vice-president.
Owing to the absence of his coun-
sel, Mr, Watson, Mr. Moyes took the
witness box unwillingly, stating that
it was hardly fair for him to be
pressed into giving evidence without
being represented by his proper coun-
sel. Mr. A. G. Coyne, who - took
Mr. Watson's place for the day, and
who stated that he had not been
properly instructed in the case, point-
ed. out that by an AC% of Parliment
of last year Mr. Moyes, since resign-
ing the presidency, had ceased to be
in a position where the Railway
Board had any power over him.
"We are entitled to summon before
us any person whom we believe to
have a knowledge of tate transactions
which took place between the muni-
cipalities and that raiiway," was the
reply of Chairman McIntyre of the
board, "whether he is now an officer of
the company or not. We can sum
mon any person whom we think to
be in a position to throw any light
upon the question."
Moyes imtructed to talk.
Mr, Moyes ohleoted to giving evi'
dente because Mr. Watson was involv-
ed in a High Court case, but Mr.
Proudfoot pointed out that the ser-
vice of the summons was on Novem-
ber 7, which left 13 days to procure.
other counsel. He considered that
the Western, municipalities had al-
ready been put off too long.
To this Mr. P. A. Malcolm, repre-
senting Kincardine and the Township
of Huron, added that there was an im-
pression abroad that some person or
other was trying to hold up the dn. b
vestigation and Mr. Moyes was in-
structed h'y Chairman McIntyre that
he would be cixpected to give evi-
dence.
Under the questioning of Mr, Wm.•
Proudfoot, counsel for the municipal -
ties interested, Mr. Moyes stated that
he ceased to be president of the On-
tario West Shore Railway in June,
1913, having tendered his resignation
to Mr. S. C. Smoke, vice-president,
at a meeting held in the latter's of-
MOYES HAS A BAD
(fico: Ho was unable to procure the
minute book of this or, any other of the
railway meetings, the books having
been left with Mr. Smoke. His resig-
nation was accepted, Mr. Moyes add-
ed, the only persona present being Mr
Smoke and himself. I•Ie could not
state whether or not other directors
had been notified of this meeting held
in Mr. ^Smoke's office.
"I said that if there was a per-
sonal sentiment agairet me, which
would be detrimental to the railway,
it would be better if 1 were• out of
it," Mr. Moyes added„ "and that was
partly my reason for resigning. Yes
I was one of the stock holders, but
cannot remember any others besides
Mr. Smoke and Mr. John McEwan,
of Goderich. There wag some Bos-
ton interests which changed hands,
but I cannot remember into whose
hands they got.""
The Lost Minute Book,
"I would like to know where that
minute book is which belongs to the
Ontario West Shore Railway," Mr.
Proudfoot insisted.
"I don't know where it is," was
the .reply.
"Where are the other papers for
the railway ?"
Mr. Proudfoot Pressed.
"I gave them all to Mr. Smoke.
Everything incidental to the manage-
ment of the railway."
"Every scrap of paper gone over ?"
"Yes I sent them to Mr. Smoke
very shortly after I tendered my re-
signation.
"Well Mr. Smoke told me," Mr.
Proudfoot replied, "when this inves-
tigation opened that he would have to
go to you to get the papers."
"If Mr. Smoke thought I still had
anything in my possession of mater-
ial importance in the management of
the railway, then he was mistaken."
Prosy:al as to whether he had ever
seen these papers in Mr. Smoke's
possession afterward, Mr. Moyes stat-
ed that at a subsequent visit to Mr.
Smoke's office he had seen the latter
handling name of them.
Moyes Powerless Now.
"What I can't understand," Mr.
Proudfoot urged, "is why Mr. Smoke
said he would have to see you to get
the papers to go into the matter..
Haven't you sufficient control to get
possession of this information for us
now ?"
"I have .no control, though I am
interested in 'halving these documents
produced. I have no discretion in the
matter whatever, and do not know
where they are."
Moyes Hazy on Details.
The amount of the contract, witness
MEMORY.
informed, was for specific sum, and
so ;much in stock, but he could not
recall the amounts. Pressed again
as to the personnel of the construc-
tion company witness thought the
Boston people wore also interested.
"Was that company brought into
existance for the purpose of building
this road, or was it,a going concern':?"
was the query of Mr. McIntyre.
"It was to take over the work 01
Construction," was the reply.
"You mean to tell us you knew
nothing of this subsidiary company?"
Chairman McIntyre continued "or
Its personnel ? That you knew noth-
ing of the company brought into ex-
istence to carry out the building pro-
jects ?"
"I knew two or three of them,"
"Who executed the contract be-
tween the railway and the Huron
Construction Company 7"
"1 don't know who signed it."
"Do you mean to say," Mr. Malcolm
enquired, "that you, as president of
the railway, had nothing to do with
the officials of the construction com-
pany ? Who was in charge of the
building of the road in the interests
of the Railway Company ?"
Calls it Ghostly Company
"I suppose Mr. Roberts the , engi-
neer; and myself, were in charge in
the interests of the railway.':
"Who employled the men ?" the,
chairman asked, can't you tell us
who bought the material."
"Mr. Roberts and myself,"
"Did this ghostly company never
materialize to take any part in it ?"
the chairman continued.
"Can you tall us of any work
which was done by the Huron Con-
struction Company, except what was
ordered by you and Mr. Roberts ?"
Mr. Malcolm pressed.
No particular work was mentioned.
Mr, Proudfoot in searching for the
agreement between the railway and
the construction company learned
that this also was with the missing
papers. As to who witness had met
to enter into the agreement, Mr.
Moyes said he "had met two or
three men,'' but could not recall in
whose office the meeting occurred.
It was Mr. John R. Reef who ap-
plied for the incorporation of the
company, but Mr. Moyes had not giv-
en Mr. Iloaf any instructions.
Moyes didn't Apply for Rights,
"Wasn't that a subsidiary company
formed to build the railway ?" Mr.
Proudfoot demanded.
"They had regular contracting
rights," was the reply.
Over