Engineers' plans on railway issue will be prepared.

Toronto's petition to Railway Board for grade separation makes progress.

All parties confer.

Some progress was made before the Dominion Railway Board, sitting at the City Hall, yesterday with the city's battle to secure separation of Canadian Pacific and Grand Trunk Railway grades in the northwestern portion of the city. After arguments from G. R. Geary, K.C., Corporation Counsel, and W. C. Chisholm, K.C., counsel for the Grand Trunk Railway Company, had been heard, a conference was held between engineers and counsel representing the city, the C.P.R. and the G.T.R. At the close of this conference Hon. F. B. Carvell, Chairman of the board, was advised that it had been agreed that the engineers should prepare plans to be submitted to the board within three months showing how the grades should be separated from the highway levels, either by depression or elevation, if the board decided to order the separation.

The city had an application before the board asking that an order be issued directing the two railway companies to collaborate with the city officials in the preparation of plans for grade separation at Royce, Wallace and St. Clair avenues and Bloor street and Weston road.

Wants a definite plan.

Hon. Mr. Carvell, in reply to Mr. Geary's arguments, doubted if the board had power to order the railways to collaborate. He thought the board had jurisdiction in matters such as this only when a definite plan had been prepared. Once the plans were before the board it could say whether or not the work outlined was necessary and should be done. Even if the board ordered the railways to collaborate with the city, he doubted if the cut's case would be greatly helped. He suggested that the city should file its own plans and make application for an order directing the railways to carry out the separation as outlined by the city's plans.

Mr. Geary contended that the board had all the powers of a court, including the power to mandamus, and could order the collaboration. He said that the Canadian Pacific Railway Company was willing to collaborate with the city, but that the city had experienced difficulty in getting the G.T.R. to state what it intended to do.

Scrutinizing expenditures.

Mr. Chisholm stated that the Grand Trunk was loath to commit itself to any scheme which might involve huge expenditures to add to the load already being carried. It wished to have further information before going any farther into this project.

At this point Hon. Mr. Carvell explained the position of the board toward the National Railways. He said that for some time the board had refrained from placing burdens of capital expenditure on the National Railways, but he thought the time had now come for plain speaking.

It has now come to the time we should make the position of the board in regard to the Canadian National railways clear, he declared.

Since I have occupied a position on the board we have deliberately refrained from making orders involving the expenditure of money, except in small cases. I don't think we've ordered the expenditure of more than $5,000.

I think the time has arrived, now that the Government of the Dominion of Canada has become a railway manager, when we must treat it as a railway company. We cannot listen to the claim. 'The Government has not got money.'

If the construction of a public work becomes necessary for public safety, or for some public necessity, then we will have no hesitation in ordering it. We are not saying we are launching out into squandering money, but we must treat it as a railway.

Collaborate on plan.

It was after this that the conference between the interested parties was held, and at its conclusion it was agreed that the case should stand, on the understanding that the railways undertook to join in the preparation of a plan.

The engineers have met and have agreed to decide on a plan within three months, which plan will show, if and when grade separation is ordered, how it should be done, Mr. Geary reported to the board.

Every effort will be made to have the plan ready in three months, said Mr. Chisholm, for the Grand Trunk Railway.

Railways: C.N.Rys., C.P.Ry.

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