January 1905, No. 83 The Railway and Shipping World (Toronto) Page 7, col. 2

The Toronto-Sudbury lines.—Press reports recently stated that the C.P.R. and the James Bay Ry. companies had reached an agreement to have the case as to whether the C.P.R. has the right to construct a line from Sudbury to Toronto without securing special legislation from Parliament, tried before the Supreme Court of Canada, without first going to the preliminary courts. The only portion of the statement made that is correct is that the question is to be settled by the Supreme Court of Canada. There is no agreement whatever between the C.P.R. and the James Bay Ry. companies in regard to the matter. The position of affairs is that when the C.P.R. applied to the Board of Railway Commissioners for its approval to some deviations in the route of the line, the James Bay Ry. Co. objected, on the ground that the C.P.R. company's right to build branch lines had expired, and, moreover, that its charter did not give power to build branch lines in Ontario. These questions were very fully argued, and judgment was reserved. An order was subsequently made by the Board, under sec. 43 of the Railway Act of 1903, directing a reference to the Supreme Court, and the C.P.R. legal department is preparing the form of references, which will be submitted to the James Bay Ry. Co. solicitor for approval, when it will be dealt with by the Railway Commissioners. The case will then be sent to the Supreme Court, and it is hoped to have the matter disposed of at the February sitting.

Railways: C.P.Ry., J.B.Ry.

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