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Railways - Kalgoorlie to Port Augusta - Gilchrist, D. L. - Report of Royal Commission on charges made by, concerning construction of Western Section

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Presented by Command, 13th September, 1916; ordered to be printed, 15th September, 1916.


[C ost of Paper .-Preparation, not given; 755 copi es; approximate cost of printing a nd publish ing, £6fi l

Pri nted and Publi shed for the GovERNMENT of the COMi\10 WEALTH of AUSTRALIA b y ALBERT J. M LT .ET T, Government P r inter fo r the Sta te of v:cto r:a. No. 321.-F.l2510. '








Judges' Chambers, Law Courts, Melbourne, 31st August, 1916.

To Flis Excellency the Right Honorable Sir Ronald Oraufurd Munro Ferguson, a Member of His Ma;_jesty's Privy Council, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint .George, Governor­ General and Commander-in-Chief of the Commonwealth of Australia.

I, Your Excellency's Commissioner, whose hand.and seal are hereunto set, having been. appointed by Your Excellency to inquire into and report upon certain charges to the construction of the western section of the Kalgoorlie to Port Augusta

Ra1lway Line made by Dudley Lynton Gilchrist, and contained in a statement made by -him dated Melbourne, 19th August, 1915, the correctness of which he · affirmed by statutory declaration, declared at Melbourne on the 25th day of August, 1915, a copy of which statement and declaration was attached to Your Excellency's Commission,

do humbly submit to your Excellency this my Report.


Before dealing with the charges in detail, I consider it .advisable to state shortly the facts .relating to their origin which were established by the evidence given during this inquiry. ·

Mr. Dudley Lynton Gilchrist had been employed in the capacity of Clerk in the Head Office of the Commonwealth Railways Department, Melbourne, from the 24th April, 1912, to 28th August, 1914. During part of that time he was under Mr. J. P. :Monro, the Chief Accountant

at the Head Office, and while in that position it was Mr. Gilchrist's duty to check accounts -to work out the extensions and ascertain that the additions were· correct. An account from Messrs. Walter and Morris for timber, amounting to £320 9s. 2d., was handed to l\ir. Gilchrist to check and work out the extensions, and, if correct, to

pass it on for payment. ·

Mr. Gilchrist ticked off each iten1 in red ink and also the total, signifying t hereby that he had qhecked the account and found it correct (Exhibit 112). Before payment had been made the account was checked again and found to be incorrect, th_e ext,eilsiol\s being in many cases inaccurate, and the correct amount due being only l4s. 3d.,

not £320 9s. 2d. On inquiry it was found that Mr. Gilchrist had,. as a fact, checked any one of the items, but had simply ticked them off as a make :believe and shirked his duty. Mr. Monro then made the following . minute on Mr. Gjlchrist's written explanation :-

This is chmrly a case of 'blind-eye ticking,' and I will not tolerat e it . The acco unt was not checked by Mr. Gilchrist, although his ticking the details of it was intended to give th8,t impressio n. He clearly does not know his work. The account is to be checked completely by Mr . Gilchrist, and t he necessary corrections made. . . .

Mr. Gilchrist is to stay where he is at present, but t o give me an assurance t hat I shall have no furt her cause for complaint. 6.2.14. (Exhibit 101.)

While he held the same' position t here were two instances in which accounts, having been passed by Mr. Gilchrjst,-the claimants were paid t wice, i .e., t he Queensland Insurance Company, and Messrs. W. K. Thomas and Co ., t he proprietors of the Register, Adelaide.

And on the 26th March, 1914, Mr. Gilchrist pass ed an account for £25 lls. lld. twice for payment to the Adelaide Steamship Co1npany fo r freight, alt hough t he consignment was c.i.[ Mr. Gilchrist's actions in connexion with all t he above matt er created a very unfavorable impression regarding his ability and trustworthiness in t he mind of Mr.

Monro, and Mr. Gilchrist was aware of it.


In response to a request from the Traffic Officer at Port Augusta, Mr. Gilchrist despatched to him £10 worth of O. S. stamps on the 11t h April, 1914. At t he time lVIr. Gilchrist, having ,charge of the St amps Register, it was his duty t o enter t herein a memorandum of the despatch of the £10 worth of O.S. stamps. This he neglected to do. Subsequently he was asked to balance the Stamps Regist er . His Stamps Register would not

balance, as he had neglected to enter t he despatch of t he £10 worth of stamps, but in order to make it do so he erased from the follo wing entry, " Stamps on hand on 10.2.14-£17 3s. lld." the figure 1 in front of t he 7, reducing it t o £7 3s. lld., and t hus made his Stamps R egister balanc

e. (Exhibit A 42.) This was misconduct of a very serious and flagrant character. This and his previous conduct in connexion with accounts convinced Mr. Monro I am satisfied, is a most capable, reliable, trustworthy , and fair-minded officer­ that Mr. Gilchrist was roost unreliable. Mr. Gilchrist was a ware t hat t his was the impr ession which his conduct had created. It was in connexion with his alteration of the entry in the Stamps Register t hat subsequent correspondence passed which ended in Mr. Gilchrist returning from Australia to Melbourne.

On the 20th August , 1914, Mr. Gilchrist applied in writing for a transfer from Melbo1l!'ne to Port Augusta or Kalgoorlie. (Exhibit 4.) In t hat application he stated-" I have been engaged on many occasions aE> Sleeper Inspector, having acted in thi& capacity while in the employ of t he Victorian Railways Commissioners, and Mr. C. W. Fourd, Materials Clerk, Spencer­ street, is arranging with Mr. Sheeran, Assis tant Chief E ngineer for Railway Construction, to supply me wit h

a certificate of ser vice to this effect. In t he meantime I have the authority of Mr. Fourd to use his name as a person:1l reference, and he will be glad to give you further particulars as to my a bility in this direction. If sufficient work on any occasion demanded, I would be quite capable of accepting an appointment as Sleeper Inspector at Bunbury with Mr . Medwin, who, prior to being stationed in Western Australia, assisted me with the accounts work hero fo r a short time.

Previous to leaving Spencer-street , I had a bout twelve mont hs' experience in t he ordering of all stores requisitioned by t he respective engineers for t he building of t he various lines t hen under construction , and, when necessary, inspected work on contracts, &c., before delivery was accepted ."

He also complained that his salary was insufficient . The above letter was a tissue of falsehoods. Mr. Gilchrist had never been engaged as Sleeper Inspect or. Mr. Fourd never aut horized Mr. Gilchrist to use his name as he asserts. H e was incapable of acting as Sleeper Inspector. He had never ordered t he stores as he alleges, nor inspect ed work on contracts. Mr. Monro asked Mr. Poynton in JVriting if he would take Mr. Gilchrist as a Sleeper Inspector. 1\'Ir. Poynton replied that Mr. Gilchrist's experience was altogether too slight as regards t imber, but that he was prepared to consider any evidence on t he point. (Exhibit 4. )

On the 28th August, 1914, Mr. N. G. Bell, t he Engineer-in-Chief, notified Mr. Gilchrist in writing that his applicat ion for transfer to Kalgoorlie had been grant ed­ salary same as at present, with a district allowance of probably £20. (Exhibit A 32.) About September, 1915, after Mr. Gilchrist had left Vict oria, h!s having erased t he figure from the entry in the Stamps Register was fo und out . An explanation was demanded . from him by lVfr. Monro (letter 9th November, 1914, Exhibit A 37). His reply was not satisfactory. A further explanation was demanded on the 7th January,

1915- his reply was still unsatisfactory. (Exhibit A 44, 15.1.1915.) Apparently he was caut ioned and also a letter written referring to the unsatis­ factory manner in which he had performed his work. (S ee Exhibit 5.) On the 12th April, 1915, when the Engineer-in-Chief was in Kalgoorlie, Mr.Gilchrist

wro te him a letter (E xhibit 5) charging Mr. with unfairness, severit y, and winding up with-" No calumny is too bitter, no misreprasentation t oo wanton and vicious, to support his attack."

The ·whole of these charges against Mr. Monro were wit hout foundation. The position then, shortly! this :- J'I1r. Monro _ had had occasion to. reprimand l\1r. Gilchrist for havmg .1mp!operly and performed h1s and for serious misconduct in alt ermg ,Improperly an entry m t he Stamps Register. His let ter of the 12t h April, 1915 (Exhibit 5) shows that at t hat time Mr. Gilchrist was so incensed against lVIr. Monro that he was prepared to lay absolut ely unfo unded charges against him. . . .

Mr . Poynton had rejected the proposal that Mr. Gilchrist should be appomted Sleeper Inspector . .

Mr. Bell had refused t o believe his charges against Mr. Monro, and had t old h1m that his previous work was unsatisfactory.

134 5


On the 29th June, 1915, Mr. Gilchrist wrote to t he E ngineer-in-Chief as follows (Exhibit 32) :-" Owing to 111Y effi.cieJ?- CY being questioned of late with untiring consistency, I respectfull y beg to for leave of absence w1thout pay to enable me to procee d to Melbourne to have the matter inquired

mto. I am prepared to bear t he who le cost . . . . . "

Apparently this not grant ed, and on t he 12th July, 1913 (Exhibit

31) he sent to the Supervismg Engmeer (Mr. Darbyshire) an application for annua.l leave, and, amongst other matters, st at ed- .

" It is my intention to proceed to Melbourne t o have certain personal matters inquired into."

Leave was granted him fro m the 16th July, 1915, unt il 12th August, 1915. Before told his superior, Mr. C. E. Hawley, t hat

he proceedmg to Melbourne m order to have certain personal matters attended to, chief of. which was the faults which had been fo und with his conduct concerning

his work m Office in and added , " if I do not get satisfaction

from the Engmeer-m-Chief I shall make It hot for all concerned." The impr ession he created in Mr. Hawley's. mind was that Mr. Gilchrist's mind was t o a very large extent obsessed by personal gnevances against the Department. Mr. Gilchrist left Kalgoorlie for Melbour:r:e on the 17th July, 1915.

. . Shortly before this an Assistant Engineer, Mr . Dane Carrington, had been dismissed from the service of the Commonwealth R ailways Department. As far back as 4th May, 1915, Mr. Darbyshire, Supervising Engineer, Mr . Vardon, Traffi c Supermtendent, arid Mr. Sheehan, District Mechanical E ngineer, had signed a joint letter to the Engineer-in-Chief (Exhibit 98) stating that Mr . Carrington and two others

"not fit to remain in a service that we desire t o make clean, sound, sober, and a

credit to the Commonwealth R ailway Department." Mr. Darbyshire on many occasions had found fault wit h Mr . Carring.ton's work on account of his unreliability of action and work, delay in carrying out instructions, and general inefficiency in keeping up the necessary records and returns.

At last Mr. Darbyshire t old Mr. Bell in Mr. Carrington's presence that Mr. Carrington was no use to him, and asked M r. Bell to remove him. Mr . Carrington was dismissed, and in consequence was very much incensed against both Mr. Darbyshire and Mr . Bell. •l

Mr. Carrington and Mr. Gilchrist left Kalgoorlie t ogether. Mr. Carrington entertained the roost bitter hostility against Mr . Bell, Mr . Darbvshire', Mr. Sheehan, and Mr . Vardon-Mr. Gilchrist against Mr . Bell, Mr . Darbyshire, Mr . Monro, and Mr . Poynt on. Mr. Gilchrist and Mr. Carrington t ravell ed t ogether by the same train from Kal­

goorlie to Perth , and by the same vessel from Fremantle to Melbourne. On the passage over to Melbourne they discussed t he matt ers referred t o in Charges T, 4, and 6, and other matters relating to other- charges. On the day of their they met Mr. H enry Chinn, who had been t he

Supervising Engineer of the Western Section of t he Transcontinental line from t he 8th February, 1912, to 11th August , 1913. H e had been dismissed from t hat position on the 11th August, 1913, and, according to his admissions and from his .manner of giving evidence, I am satisfi ed that he entertained feelings of t he bitterest enro1ty t?wards

Mr . Bell, Mr. Darbyshire, Mr. Poynton, and all t he officers of t he line, and had dete:r:roined to belittle t he work and ability of the officers on every available opportunity . After Mr . Gil christ and Mr . Carrington arrived in Melbourne, both Mr.

and Mr. Chinn frequently saw Mr . Gilchrist . Mr. Gilchrist sought and .obtamed Mr . Chinn's advice re the charges, and submitted to him the draft thereof for h1s perusal and suggestion. ·

On the 2nd August , 1915, Mr. Gilchrist wrote to Mr . Bell a letter urging that he (Mr . Gilchrist ) should be allowed t o return permanently to Melbourne on t he grounds that a promise had been made t o him on h] s leaving for t hat he •:ould be

all owed to return after twelve months, t hat he was about t o get mamed, that h1s fat her was building him a house in Melbourne, and that a married man could not live on £190 per ;tnnum in Kalgoorlie, and conclud ed by stating-" R egarding the co1·respondence of late conceming my allegef.l incon.tpetency , it i. as untrue as ,it i s misleading. . . . . I will not write any further, but wov,ld prefer to dtscuss 7/. personally W! lh you.

(E xhibit 91. )


On the 4th August, 1915, Mr. Gilchrist interviewed Mr. Bell at t.he latter's office and repeated his request to be allowed to return to l\1elbourne. He was then informed by Mr: Bell that no promise had ever been given to him; that he could not return; that hiS charges against Mr. Monro were not justified; that his work was unsatisfactory; and that there_was not any prospect of his being brought back to Head Office. He was also t?ld that 1f any _further complaints about his (Mr. Gilchrist's) work the of terminating hiS serviCes altogether would have to be considered (see Exhibit

92). And on the 5th August, 1915, Mr. Bell wrote to Mr. Gilchrist as follows :-."With reference to_your communication of the 2nd instant and to your interview .yesterday, I have to adv1se that I have cons_1dered the whole matter, but am not prepared to agree to your re-transfer to this office. Your charges agamst Mr. Monre were not justified, and your work and conduct have not been satisfactory. I now have to advise that if there are any further complaints in this direction it will be necessary to terminate your services with this Department." (Exhibit 93.) ..

. I satisfied that not one of these charges was ever mentioned to Mr. Bell by Mr. at any time, Mr. Gilchrist's statements to the ·contrary

and hiS letter to the Hon. King 0 Malley, dated the 15th December, 1915. (Part of Exhibit A 41.) It is very much to be regretted that this letter was never shown .to Mr. BelL It was produced on the hearing of the inquiry for the first time about the end of June, 1916. (See Exhibit 100.) Paragraph 5· of Mr. Gilchrist's letter of the 15th December, 1915, to the Hon. King 0'1\'Ialley, is quite untrue.

On the 7th August, 1915, l\fr. Gilchrist applied to Mr. Bell for extended leave of absence. (See Exhibit 94.) This was granted by Mr. Bell on the lOth August, without pay. (See Exhibit 95.) On the 12th August, 1915, Mr. Gilchrist notified Mr. Bell in writing that he had enlisted. (See Exhibit 96.) ..

Between the 7th and 12th August Mr. Gilchrist, by telephone, asked l\fr. Finney, an officer in Mr. Bell's Department, to meet him at a specified place and time. Mr. Finney complied, and Mr. Gilchrist made hints regarding his personal grievances, and stated that as they had not been attended to he intended to Jnake charges against the Department and to make a stir. He showed Mr. Finney a letter signed" Henry Chinn," which Mr. Gilchrist said, had been written to him by Mr. Henry Chinn, giving him advice · re certain charges. When giving evidence at Kalgoorl ie Mr. Gilchrist swore, in reply

to myself, that he did not make up his mind to lay charges against anybody until after the 3rd August. This he subsequently altered when he saw the effect of his answer to me. His evidence on this matter was decidedly shifty and unsatisfactory. (See page 304, et seq., of the evidence.)

I am satisfied that he did not decide to make any charges un_til after his interview with Mr. Bell of the 4th August, 1915, when he was told very plainly that his request to be transferred to Melbourne would not he granted;· that his charges against Mr. Monro were unfounded; that his work was unsatisfactory; and that any further complaints would probably end in his dismissal. .

He then set to work to formulate these charges. He had them with

Mr. Carrington, and he sought and obtained the assistance of Mr. Chinn. M:r. Chinn perused the draft and gave advice re t he charges before they were signed. He met Mr. Gilchrist on the morning on which they were declared, and took him to the Justice of Peace, before whom they were declared on the 25th August, 1915. Before making these charges he consulted the l-Io n. King O'Malley at his private residence at Bridport­ street, Albert Park, about them, and on his advice Mr: Gilchrist saw the Hon. Senator de Largie, who, when he/saw the seriousness of the charges, refused to do anything in the matter until Mr .. Gilchrist had put them on oath. These charges, as they stand, are the result of conferences and discussions between the three-Mr. Gilchrist, Mr. Chinn, and Mr. Carrington. Mr. Chinn and Mr. Carrington had been dismissed from the service of the Department, and Mr. Gilchrist realized that his hold on his position was, owing to his own misconduct and neglect of duty, very slender. The officers who brought about Mr. Carrington's dismissal were Mr. Darbyshire and Mr. Bell. Mr. ·Sheehan and Mr. Vardon had, moreover, recommended it some lnonths before.

• Mr. Darbyshire had been appointed to the which Mr. had lield,

and was then filling it. Mr. Monro had severely repnmanded Mr .. Gilchrist, and Mr. Gilchrist was so incensed in consequence as to make absolutely unJust and unfounded charges against him. Mr. J?ell had very properly supported Mo:nro, and refused all Mr. Gilchrist's requests. Mr. Poynton had refused to have him as a Ins:rect r. These officers had incurred the enmity of either one or more of the trw. The obJect of the charges was to drive these officers, if possible, from their position , or at least to



their reputations. With that end in view, the charges were made. They

originated a feeling of revenge. They were formulated and laid from a feeling of revenge. The Idea of rendering any service to the public or the Department by laying the charges never entered into the minds of any of the three. Mr. Gilchrist 's statement, repeated over and over again, that he came to lVIelbourne at his own expense in order to state of affairs " existing on the Kalgoorlie to Port Augusta

hne, -Is absolutely without foundation of any description. It is untrue from

beginning to end. His sole object in coming to Melbourne was to make his tenure of more secure, a;nd, if possible, obtain a transfer from Kalgoorlie to Melbourne.

Having absolutely fa1led in his mission, out of revenge he laid these charges.


. About last March, when the Superintending Engineer was making one of his Inspection trips along .the line, he instructed Ganger Pike to be in ·readiness to move camp the following day. (b) Accordingly Pike and his gang of twenty odd men dismantled their camp

and waited for three days for the necessary train t o arrive in order to shift them. (c) No work was done while waiting, yet full time had to be paid each man. (d) It was, however, discovered that this arrangement made verbally by the Superintending Engineer had escaped his memory, hence the reason of the men sitting down beside the line three whole days doing nothing.

(e) The cost of this mistake I estimate at £60.

Officer charged.-Supervising Engineer J. Darbyshire.

Charge. Finding.

(a) About last March, when (a) It is untrue that the Superintending Engineer, about the Superintending Engineer' March, 1915, or any .other time, instrutced Ganger Pike was making one of his inspec- to be in readiness to move camp on tl].e following day. tion trips along the line, he instructed Ganger Pike to be in readiness to move camp

the following day.

(b) Accordingly Pike and (b) It is untrue that Pike (either with or without his his gang of twenty odd mep. gang) accordingly dismantled his camp, and it is also dismantled their camp and untrue that Ganger Pike waited for three days for the waited for three whole days necessary train to arrive in order to shift them. for the necessary train to

arrive in order to shift them.

(c) No work was done while (c) No work was done by his o.n

waiting, yet full time had to or 20th April, 1915, the days bmng occupied In shifting be paid each man. · camp, and Pike and his men were paid for the 19th and

20th April. Pike and his gang were waiting for only a portion of the 19th and 20th April.

(d) It was, however, dis- (d) It is untrue that it was discovered t.his

covered that the arrangement arrangement made verbally by the Supenntending made verbally by the Superin- Engineer had escaped his memory, and it is untrue. tending Engineer had escaped such was the reason for men. sitting

his memory, hence the reason down beside the hne three whole days dOing nothing. of the men sitting down beside the line three whole days

doing nothing.

(e) The cost of this mistake (e) There was not any mistake, and, consequently I estimate at £60. could not be any cost of a mistake,


- I


Mr. Gilchrist, by his own evi,dence .and that of his witne&ses , endeavoured to establish that in A1pril, 1915 , Mr. Darbyshire, wh·o was then the Supervising Engineer on the western sedion of th e transcontinental railway, when on one of his insped.ion trips proceeded along the line on a tion ca.r , a.nd ordered Gauger Pike, whose gang was at 97! miles (Coonana), to be in readiness to move his camp on the following day. Mr.

Darbyshire passed over the portion of the line (alongside which Pike's gang was camped) on t.h·e 17th A pril, 1915 (a Saturday) , not on a sedion car, but in &m. observation car. On such trip he

was accompanied by the Engineer-in-Chief of u.Ue line (Mr. Bell). During that

journey Mr. Darbyshire did not give any direc­ tion of any kind, directly nor indirectly, to Pike concerning the removal of his camp nor any other matter.

Ganger Pike was directed either by Senior As­ sistant Engineer Hawley or the Riding Ganger to rem ove his camp from the 97! miles to a spot

which was to be marked by Assist ant Engineer Carrington. The direction was for Ganger Pike to remove his camp on the 19th Aipril, 1915 (a Mon-.. day), and consequently Pike prepared to do so.

Gange'!' Pike's Letter to Mr. Button, Dated 19th A pril, 1915 . On the 19th April, 1915, Ganger Pike. wrote to Mr. Button, the District Storekeeper at Ka.lgoor­ lie, stating, after having asked for some s.tores, that he intended on that day (i.e ., the 19th April, 19 15) to remove his camp from the 98 miles

(Coonana) :-'' I am shifting camp to th·e 190 miles to­ day."-[Exhibit A6.] This note was handed to Senior Assistant En­ gineer Hawley, who initialed it on the 21st Ap-ril, and it was passed to Mr. Gilchrist, who initialed it" D .G., 21.4.15." So that on the 21st A 1pril, 1915, Mr. Gilchrist knew that Mr. Pike had writ­lien on the 19th April, that he, intended to strike camp at. 98 miles on tha.t da.te and move• to 190 mile•s. The railway trucks necessary for the removal of Ganger Pike and his gang from 97! miles did nnt arrive by the first train on the morning of the 19th April, but a.rrived by the second train at 6.30 p .m. These trucks were kicked off a.t miles at 6.30 p.m. on the evening of 19th April. All the camp material was loaded into the trucks, and at 1.20 p. m. on the 20tp. April, 1915, the trucks with Ganger Pike and his men abnard left miles (Coomina), and arrived at 192. miles­t he spot which h ad been m arKed by Assistant J£ n­gineer Carrington at which they were to alight-­ at 8.25 p.m. on the evening of the 20th April. Gauger Pike and his gang work at 192 miles on the morning of the 21st A;pril, 1915. Guard's R unning Statements and Guards' Evi­dence . I


guards proved that the trucks with the camp and gang on board were taken from miles (Coo­

nana) at 1.20 p.m. on the afternoon of thE( 20th April,· and that the· men and camp were left at 192 miles at 8.25 p.m. on the evening of the

20th April, 1915. These guards als:o were called, and proved the above facts beyond the possi­ bility of doubt.

Ganger Pike's Evidence. _ He was called as a witness by Mr. Poynton.

He was not at the time he gave evidence in the

employment of the De,partmeut. I was convineed by his evidence, and satisfied that it was abso­ lutely truthful and accurate. It established that he and his men dismantled camp in the. forenoon of the 19th April, 1915; that they left the 971-miles on the 20th and arrived at 192 miles on the evening of the 20th, and were at work 192

miles on the morning of the 21st April at the

usual hour. Ganger Pike and his gang were paid for eight hours on the 19th April, 1915, and for : eight

hours on the 20th April, 1915. In the gang

were 25 men, and the rate of pay wa&

12s:. 6d. per day. So that for two days the

total pay for Ganger Pike and his gang was

£31 5s .

Every witness who gave evidence on the. ques­ tion as to what wast a re·asonable time within

which to shift cam'p from miles to 192 miles

agreed that two days was a reasonable· time for taking down, moving, and camp.

A ll t lte R eco rds available to Mr. Gilchrist be fore he made this Charge. Mr. Gilchrist knew "that Ganger Pike's lette-r to Mr. Button was. on the file-[Exhibit "A6 "]. He also kne·w tha.t the gua.rds' running state­ ments-[Exhibit "44 "] would show aetually when the trucks for the removal o.f the caiDjp a.r­

rived at Coonana, when they left with the camp a.nd gang on hoard, a.nd when the'y arrived at tneir destination. Lastly, he was also aware that the men's pay-s:heetSI would show when the

men started work again at 192 miles, bi.1t no·t one of them was inspected by Mr. Gilchrist7 or1 if it was, he decided to ignore it.

Mr. Gilchrist's Notebook. In a memorandum hook which Mr. Gilehrist had in his possess.ion when giying e·vidence, and which I caused to be put in as an exhibit

-[Exhibit " 33 "]-there is an entry relating to his cha.rge. The entry is as follows:-"Mr. D. cost the Department £100 in

shifting Pike's gang." In the charge he says £60. He was guessing on· both occasions. ·

Mr. Gilchrist swore that some of the entries in t he book were made at Kalgoorlie, and some on the boat by which he· and Mr. Carrington

travelled from Fremantle to Me.lbourne. In my opinion, not one of them was made in Kal­

goorlie; but were made in Melbourne after the 3rd August, 1915. But no explanation of such entry in · his notebook could be given.

lllr . Gilchrist's Object in this Charge.

These show that the trucks for Ganger Pike and his gang were kicked off at 6.30 p.m. on the

evening of the 19th April, 1915. Moreover , the guard who had kicked off · the trucks was called

dqubt . The of two other

His object in making the charge was to injure the Su,.pervi&ing Engineer,, ;M:r . :0?-rbyshire·, by a:q untruthful




(a) Owing to a shortage of fish bolts, instructions were issued to put only two bolts in each fastening instead of six. (b) About 5 miles were laid in this manner with heavv t raffic passing over it daily. · . "

. When supply arrived the required number (four more) were to be

Immediately added. · · ,

(d) But as locomotives of 107 tons and heavy trains were passing over these joints it was not a wise course to adopt. (e) This took place at about the 275-mile.

Officer charged.-Supervising Engineer J. Darbyshire.

Charge. Finding.

(a) Owing to a shortage of (a) It is true that owing to the shortage of fishbolts fishbolts, instructions were is- instructions were issued to put only two bolts in each sued to put only two bolts in fastening instead of six. each fastening instead of six.

(b) About 5 miles were laid in this manner with heavy traffic passing over it daily.

(b, c, d, and e) It is absolutely untrue that 5 miles, or any other length of line, was laid in this manner, i.e., two bolt s in·each fastening. .

(c) When a further supply arrived the required number (four more) were to be imme­ diately added.

(d) But as locomotives of 107 tons and heavy trains were passing over these joints it was not a wise course to


(e) This took place at about q.he 275-mile.

THE TRUE F A CTS CONCERNING THE MATTERS REFE RRED TO IN CHARGE 2. On the 9th July, 1915, the Engineer-in-Chief (Mr. B ell) wired from Melbourne to the Super­ vising Engineer on the weste.rn section (Mr.

Darbyshire) to the effect that, owing to the short­ age of :fishbolts it might be necessa ry to reduce v.i.le n u mber being used to two fishbolts in joint. This was an important and urgent m atter,

consequen t ly Mr. Darbyshire rang up the Su;per­ intenden t of C on struction (Mr. Edwards) who was Lnen at 281 mile.s , and instructed him -to put only two bolts. in each fastening. Mr. Edwards en­

deavoured to carry out such in&truction, but

found that two bolts in each fastening would not pull the fi shplates up tightly enough , and sequently it w as necessary to u se three m

order to draw the fishplates up cl6sely

enough to m ake the joint secure and safe.

Mr. Edwards put in three fi shbolts-never

in any case were only two put in. Every joint

has three at I visited the locality, and saw the rails and joints. The following photograph shows three fishbolts in joints.

[Photograph not reproduced.]

Milea,qe Laid with L ess t han Six Fis hb olts to a Joint.

On the evening of the 16t h July, 1915-the

date on which Mr. Edwards commenced to iput in only three fi::.hbolts- h e t e-le ph oned to Mr.

Darbyshir e, telling him t h at t wo fi sh bolts were not sufficient, and that h e h ad put in three. Mr.

Darbyshire ap proved of wha t . M r . Edwards. h ad done, and instruct ed him to co nt inue t o put in .

three bolts. The followin g len gths of line h · been laid with less t han six fish bolt&: - .

(a) From 284 miles 28 chains t o· 287 miles 24 ch ains, f our fishb olts . ( b) From 287 miles 24 chains to 298 miles

27 ch ains, t hree fishb olts. (c) F ii"Om 300 m iles 27 chains to 305 miles 27 chains, t hree fi shbolts . (d) From 305 m iles 27 ch ains to 411 miles

30 ch ains, f ou r fi shbolts.

On t he 19t h August , 1915 , 18 miles of line h ad been l aid with only t hree fishbolts in each joint.

These Joints quite Safe for Present Traffic.

The e·ngines passing over these joints are up to 107 tons weight, and the weight of the trains passing over them iS! about 800 tons. The speed of the trains passing over these joints. had not

been reduced. The greater portion of th·is nart of the line at the date o·f my visit was unbal­

Iasted. I im;pected eve·ry joint which had only three fishbolts in which Mr. Gilchrist desired me to. This was at about the 298 miles. At this

point I inspected a number of joints. I also

tested any joints with· only t.hree fishbolts in by bringing the engine up on to tlie end of the

rail, in order tp see if there was any movement or loosening of · the· fish holts or fish plates. I did not find the slightest trace· of any move­ ment, loosening or give on any one raiL The

rails are laid on sleepers whose centroo .are 1 foot 8 inches, and the rail is spiked securely on each side on to each sle·eper and also the edge· of the fishplates. The; spikes fit into slots: cut in the

edges of the fishplates, as shown in . the above photograph. The fis4plates are ve.ry strong, and are 2 feet 7 incheSI long. The line in the loca1ity which I visited, and where than six fishbolts have been used for fastening, runs over very level country and is per-fuchly '


The length of the track, 2_B7 miles to 297 miles, has kept so well that the fettling gang thereon s.ince the of 1915 had been reduced

from a gange·r and four men to a ganger and

two· men up to the 8th April, 1916. Since the

8th April, 1916, the·re has not been any fettling gang on this le-ngth. In my opinion, the track with less than six fishbolt.s in at the joints where I inspected it is ' quite safe for the traffic

which passes over it at present. I asked

Mr. Gilchrist if he desired me to inspect

the line past the 300 mile point east

of Parkeston, and he replied "No.'' The· traffic on this ;part of the line is not heavy nor frequent. The whole of this part of the line is strongly

and firmly built, and is quite safe for the pres.ent traffic. When a further supply of fishbolts ar-, riveSI the fet.tling gang can easily insert the three or two extra. fishbo1ts, anc± so make it ahso­

luteiy safe for any traffic. It does not occasion any extra expense, it is not the case of any­

thing having to be undone or done' over again, and it haS! enabled the line to be pushed further ahead than could have. been done had six be.en used in every joint. ·

In giving evidence on this. ch·arge at Kalgoorlie, I am quite satisfied that Mr. Gilchrist made state­ m_ ents recklessly and without any justification whatever.


(a) At the end of financial year 1914, Stores Department made their usual stock­ taking, the result being a deficit of approximately £80,000.

(b) I was not in Kalgoorlie a;t that time, but these figures were given me authentically by the Acting District Storekeeper.

Officer charged.-J. J. Poynton, Director of Supplies and Transport.

Charge. Finding.

(a) At the end of financial (a) It is untrue that the result of the stocktaking at the year 1914, Stores Department end of the financial year 1914 by the Stores Department made their usual stocktaking, , was a shortage of £80,000. There was not a shortage of the result being a deficit of · one penny. approximately £80,000.

(b) I was not in Kalgoorlie _ (b) The a shortage o_f

at that time, but these figures were not given to Mr. Gilchnst by th_e Acting DistriCt were given me authentically Storekeeper, · nor by any other officer. In the Stores De­ by the Acting District Store- partment. keeper.


TVhat Mr. Gilchrist ·wished to Convey by This Char.r; e. There cannot be the s.lightest doubt as to what Mr. Gilchrist intended to convey by this charge. He intended to convey that the stock at the end

of the financial year 1914 at Kalgoorli:e w.aE:j £80,000 short, or, in other words, that £80,000 r

worth o.f stock had been stolen or had been signed for but never received by the Department. He endeavoured to prove while Mr. Carrington was giving evidence that £80,000 worth· o.f s.tock had

been sto.Jen, but absolutely failed . It was then suggested that the shortage might be due to a conspiracy between the de·partmental officers and the person o·r persons su 1pplying the material. In other words, that the shortage might be due to the d epartmental officers certifying for more than they had received.

Such Charge Absolutely Groundless and With­ drawn.


Both of these suggestions, however, were un­ equivocally withdrawn by Mr. Gilchrist when told that he h'ad to make his posit.ion definite. - Mr. Gilchrist then stated that he did not nor

suggest that there was any shortage· of permanent way mate·rial, and stated further that all he in­ tended to convey or allege' was t.hat tJre Stores De­ partment .at Kalgoorlie was short of requisitions for perma:qent way material at the end of the

financial year 1914 to the value of £80,000. In other words, that · the Construction Branch of t,he Department had obtained from the Stores Branch pe·rmanent way material to th'e value of

£80,000 for which the Stores Branch did not

hold requisitions. A matte·r of one branch not

having given the other branch requisitions for material supplied. Thig charge with' that meaning imiported into it is ahsolute·ly unt;rue. As laid it is untrue, and

untrue to Mr. Gilchrist's knowledge when he made it.

I feel con:fident from the conduct of Mr. Gil­ christ and Mr. Carrin'gton while the latter was in the witne.s.s: box that Mr. Carrington took a ·very active part wit.h rP aard to t.his ch'arge.

To understand the real position regarding the matters referred to in this charge with the altered meaning imnorted into it, it is necessary to go back to the beginning of the year 1914.

Stores and Construction Branches Originally One. Up to the beginning- of 1914 the·re was not any officer controlling th·e· Rtores Branch of the Rail­ way Department at ·Kalgo9·rlie as distinguished from the Construction Branch at the same place. In other wnrds. up to the be,ginning of the year

1914 the Stor· e>·s and Construction Branches of tlie Railwa v at Kalgoorlie formed

rea.Uy one branch. It was de<'ided hv the then Minister for Home Affairs. on the. advice, of the then Engineer-in­ Chief (Mr. Henrv Deane) , that. an a:ppointment

of soJYlenne to takeo charge of Stores Branch was. rlP<:!ir!thlA ' necess:3.:ry, and on his; recorn­ mendB .tion the Ron. W, H. Ke.lly, AsRistant Minister for Home Affairs, ap1point.ed Joseph ;r ames Povnton to the position of Director of

St.nres and Traffic. Th i Sl proved to be an ex­

appojntment, !'!.:?, I am satisfied from wha.t

I mvseJf seen while conducting th·is investi­ g-atiaon anrl. from the evidence given me,

thPt Mr. Paoynt,on provad him c-olf t.n ;, most

ahle. painstaking, honorable, and h·ardworking o-fficer.

Mr. ·Poynton A pp m:ntal Director of Storeg and Trans 1Jort. Mr. Poynton asc:umed cont:rol of the Stores Branch a.t KalgoorJje on th_ e 14th Fehruarv. 1914.

Up to March, 1914, the permammt way ma.terial h'ad not been hown in the books of the Stores

Branch. Uu till that date the practice had been to cost or i ssU"· n ermane•nt wav m!!.terial dhoct to the. railway lin0 and charge .it up to the rail­ wav as a direct. t ransaction.

Mr. Hawley, the Se.nior Assistant Engineer on the western section of the transcontinental rail­ way, jn punmance of instructions received from Mr. Henry Deane, the Engineer-in-Chief, on the

30th J anuR.ry, 1914. prepared a statAment of thA east of the ·perma.nent W8-V material which had been huilt int.n the first 72 mHes of the. ra.ilwa•r -[ E .rhinit " :38 "l 'l:'his statement was furnished

on the 13th March, 1914.

13 1

1'he Requisitions Relating to F'irst 91 Miles of Line. A No. 3376, was then made out on

such statement and given to the Stores Branch­ [ E x hibi t " 17 "].

the 12th March, 1914, a reql,lisition, No.

3372, had been given to the St ores Branch for permanent way material which had been built

mto the· railwa.y from the 72-mile :goint up to the 77-mile point.-[Exhibi t "17."] On the, 19th Ma.rch, 1914, a requisition, No. , 3381 , had been handed' into the Stores Branch

for the permanent wa;·y material used in construct­ ing the railway from the 77 -mile point to 82 miles 37 cliains.-[ Hxhibi t ' " 17. "] There was a strike amongst the rplatelayers from

the 15th March, 1914, up to the 14th June,

1914. Platelaying started again on the· 19th

June, 1914, and by the 30th June, 1914, the rail­ head had r oached the 91-mile point. So that on the night a.f 30th June, 1914, the Ca.nstruction Branch owed the Stores. Branch a requisition

for the permanent way material which had been u.sed in constructing the· railway from 82 miles 3 7 chains to 91 miles, i.e., 8 miles: 43 chains a.f permanent way material, the value of which was £18,04 7 Is. 6d.

The officers connected with the Stores Branch immediately the· 30th June, 1914, were very busy taking stock. They could have obtained the requisition for th'e £18,000 worlh of material in five minutes. from Senior Assistant Engineer Haw­ ley, had they re.quired it, whose, office was in the same building, en the side .of a passage.

As a fact, they obtained it from him on the 25th August, 1914, about twelve months before Mr. Gilchrist made his charges ..

Stocktaking for Year E nding 30th' Ju;ne, 1914, Showed Surplus. The stocktaking for the year enc!_ing the 30th .Tune, 1914, disclosed a surplus o.f £68 18s. 5d., instead of a deficiency. See ,Mr. Israe1's report dated 5th Novembe.r, 1915.-[Exhibit u A13."]

There is not any regulation requiring the Store­ keeper to have either the permanent way ma.terial or a re-quisition representing it at any particular time.

'The records of the Stores Branch show what material has gone out, and on any given day it

is known lt,he railhead is. a.nd what ma­ terial has been built into each mile of road. are other means: of checking the items in the records of th'e Stores Branch. There is not any nooes:sity to obtain a requisition every day, nor to · obtain the requisitions in advance. It

is quite, sufficient if the requisition is obtained within a reqsonable t ime after the material has boon su,pplied. The books in which the requisitions were e:ntered

and kept were under Mr. GiJchriRt's control while he in Kalgoorlie up to the 17th· July, 1915,

?..nd the nbo•T ?· reouisitions were inspected and

s0me of thP-m checked by him . In addition to

t,bis fact. he mu !iit h ave known where the rail­ head was' on the 30th June, 1914.

Mr. (-!n "J ,.. l,r io f Ha 11P Ttnov;n That

Cha;r f7 e W as F alse . While he was i11. Mr. R i'Pvley 's at, ' Kal­

gnorlie he saw and cb. ecked t be :fiP.'u.res i11.. the flUisit.ion f0r permanent wav m!'!t.enal whiCh hf>An uSf'"ri in con structing t bp, line UD to 71 .82f1 miles. H e initialed the alterations therein: .. At the same t ime h'e must have seen the requisitiOn


for the pe•rmanent way ma.terial used in con­ structing the line from 82 miles 3 7 chains to

91 miles, 25th' August, 1914. According to

his own evidence on oath, he went through be­ fore the 15th March, 1915, all the requisitions for th·e permanent way material usea in construct­ ing the. first 100 miles at least. He must, there­ fore, known when he made these charges on the 19th August , 1915 , that this charge was absolutely false. I find that his allegation tha-t these figures, v z, z., that there was a deficit of

approximately £80,000 at the end of the financial year 1914 were given to him by the Acting Store­ keeper is. absolutely untrue. The officer referred to was called as a wit.ness at Kalgoorlie, and

denied, on oath, Mr. Gilchrist's statement. I be­ lieved the officer when h·e · said that he never made any such statement to Mr. Gilchrist. The alleg-ations. in this charge are untrue, and were untrue to Mr. Gilchrist's knowledge when he laid

the· charge.


(a) About last June twelve months, Assistant Engineer Carrington wrote to the Engineer-in-Chief pointing out that the rails were made with a slight cant in the head, therefore they required to be laid with the lettering of the manufacturer on the outside. (b) Mr. Bell replied by saying this was an old theory which had been exploded many years ago.

(c) On the occasion of his first visit to the western end April, the railhead had reached 220 miles, and he at once saw that Carrington was right, as a decided cant was plainly visible. (d) Without waiting to return to Melbourne he immediately instructed that all rails must be laid-as they should have been originally-with the lettering on the outside, as suggested by Carrington twelve months

(e) I am informed that the first man to discover this serious error was Costs Clerk Alfred Stevens, who was 'responsible for drawing Carrington's attention to it in the first place. ·

(f) I might add that· Stevens is a railway man of over 30 years' experience, and knows 'his work thoroughly, and I think better than any man on the job, who will, I feel sure, confirm every word I have written on this matter. (g) Nothing has been done to rectify the mistake.

(h) And the tyres on rolling-stock are being cut about terribly in consequence. (j) Most of the line from outside Parkeston!!inepot to 220 miles will have to be relaid as far as the rails are concerned. (k) It will mean more than every second being taken up, as I have seen many together laid in this obviously wrong manner.

Officers charged.-Norris G. Bell, Engineer-in-Chief; J. Darbyshire, Supervising Engineer.

Ch arge. Finding. . I

(a) About last June twelve (a) and (b) Assistant Engineer Carrington never at any months, Assistant Engineer time wrote to the Engineer-in-Chief about the rails. On Carrington wrote to the En- the 21st July, 1914, Assistant Engineer Carrington wrote gineer-in-Chief pointing from. the 69 miles to the Engineer, Trans­

that the rails were made with continental Railway, Kalgoorlie (Mr. W. R. Smith), as a slight cant in the head, follows :­ therefore they required to be laid with the lettering of the

manufacturer on the outside.

" Re Platelayi'ftg.

. (b) Mr. Bell replied by say­ ing this was an old theory which had been exploded many years ago.

I notice rails are being laid without the branded side being kept the one way. This seems to have made some noticeable difference in the wear and tear of the rail, as I can plainly pick out (without looking at the side brand) which rails are laid with tli.e brand facing inside or out. If there is a slight difference in the running edge it will probably show up slightly at the jointS also.

To enable rails to be laid the one way of course means they have to be loaded accordingly in the Depot." (Exhibit B.) There is not any evidence as to what action, ,if any, Mr. Smith took in the matter. Apparently he did not tak_ e any action, for, on the 30th August, 1914, Assistant




qarrington wrote from 98! mjles to the Super­

VIsing Engineer, Transcontinental Railway, Kalgoorlie­ at that time Mr. Saunders.:_as follows :-:'I have previously written in regarding laying rails with the brand bemg kept one way. This is not being done on this section, probably

on of the extra expense in loading. The present method of

laymg does not seem to me to give the best results. After looking at some miles of line I am satisfied that the foot of rail is not at right .angles to the web on rails we are using, but is slightly less than 90 pet cent. on branded side-less than 90-consequently when the brand

is laid on the outside the wheel is only on a small portion of the rail head; when the brand is laid inside the wheel is in contact with about three-quarters of the rail head. This also makes a slight difference on running edge at joints as one projection end receives a blow from

the wheel and gets blunted. The rails may eventually wear down to the one level, but at present the wearing surface of rail differs according to how it is laid." (Ex­ hibit C.)

On the 2nd October, 1914, Relieving Engineer Saunders forwarded to the Engineer-in-Chief, Melbourne (Mr. Bell) a copy of Carrington's report, together with the :following letter :---, .

" Running top of Steel Rai ls.

I attach copy of from Mr. Carrington having reference to the manner in which the steel rails are laid. I can indorse the statement made by Mr Carrington that it makes a difference when the rail is laid with the name of the manufacturer on the outside of the track.

When we started platelaying at Port Augusta we laid the rails for . the first 5 miles uniform in regard to the name, but the expense of turning the rail on the trolley was so great that we discontinued it. The expense in this matter is increased if it is insisted on in connexion

with the tracklayer. The names are very indistinct on the rails, and it would be necessary for each rail to have a daub of paint to readily distinguish the name, and they would require to be loaded one way on the trucks." (Ex­ hibit D.)

On the 12th October, 1914, the Engineer-in-Chief (Mr. Bell) replied :-" Running top of Steel Rails. With reference to your communication of t he 2nd inst., enclosing copy of Mr. Carrington's report, I have to ad vise that I do not agree with Mr. Carrington as to the necessity for laying the rails with the

brands either to the inside or the outside. This is an old prejudice which was exploded many years ago." (Exhibit F.) And on the 20th October, 1914, Mr. Saunders wrote to Mr. Carrington:-

" Running top of Steel Rai ls.

The Engineer-in-Chief has telegraphed that the rails are not to· be turned so as to keep brand on one side only. .

You will therefore please discontinue turning them and lay them m the road as they come." (Exhibit E.) . .

I have set out tlie whole of the correspondence Jn this finding relating to this rna tter. . . .

Never on any occasion did Assistant Eng1neer Carnng­ . ton write to the Engineer-in-Chief about the matter of the running top of steel rails. Mr. Carrington never at any t i1ne stated nor suggested

that the rails should be laid with the lettering of the manufacturer on the outside. He suggested that the rails should be laid with the name of the manufacturer on the inside of the track, as in that case the wheels of rolling stock were in contact with three-quarters of the rail head.


Charge. Finding.

(c) On the occasion of his (c) It is correct that the Engineer-in-Chief visited the first visit to the western end western section of the Transcontinental Railway in last April, the railhead had April, 1915, and that that was his first visit to that sec­ reached 220 miles, and he at tion. It is true that at that time the railhead had once saw that Carrington was reached 220 miles. He then saw that the track would right, as a decided cant was look better if all the rails were laid with the brands on the plainly visible. inside of the track. Not on the outside as stated in the

charge. He gave directions to have the rails laid in future with the brands on the inside of the track. Some of the rails presented the appearance of having a cant in the head. This was caused, not by any want of up­ rightness in the rails, but by the over-filling on one side of the head of some of the rails. This apparent cant in some of the rails affected only the appearance of the rails and road, but not in any way its strength, stability, or safety. (d) Without waiting to re- (d) It is untrue t hat the rails should have been laid turn to Melboume he imme- with the brands all on the outside. It is untrue that Mr. diately instructed that all Car ·ington ever suggested that the rails should be laid rails must be laid- as t hey with lettering on the outside. . It is untrue that the should have been originally- Engineer-in-Chief ever directed that the rails should be with lettering on the outside, laid in fq.ture with the lettering on the outside. as suggested by Carrington twelve months previously.

(e) I am informed that the (e) Costs Clerk Stevens was not the first man to draw first man t o discover this Mr. Carrington's attention t o it. Mr. Carrington first :serious error was Costs Clerk noticed it on examining portion of the track. Alfred Stevens, who was re-

sponsible for drawing Car-rington's attention to it in the first place. (j) I might add that (f) Cost s Clerk Stevens is a railway man of over 30

Stevens is a railway man of years' experience. · He knows very little concerning how over 30 years' experience, and rails should be laid, as he has not had any experience in knows his work thoroughly, t he matter. It does not in any way concern the branch and I think bett er: than any of railway work in which he has specialized. He did not

man on t he job, who will, I confirm anything Mr. Gilchrist has stated in this charge. feel sure, confirm every word I have written on this matter. (g) Nothing has been done (g) The mistake to which Mr. Gilchrist refers in this to rectify the mistake. charge never existed. His charge being that the rails all

should have been laid with the brands outside. That is not correct. They should not all have been laid with the brands on the outside of t he track. From the stand-point of the appearance of the track it would have been better had certain rails of a certain brand been laid with the brands 'on the inside of the track. But this does not affect the safety or stability of the line. (h) And the tyres on roll- (h) It is absolutely untrue that the tyres of the rolling-ing-stock are being cut about st ock are being t erribly cut about in consequence. terribly in consequence. is n?t slightest foundation for this .

(j) Most of t he line from (J) It IS untrue that most .of lme from

outside Parkest on Depot to Parkeston Depot to the 220 miles will have to be relaid 220 miles will have to be re- as far as t he rails are concerned. laid as far as t he rails are con-cerned.



Charge. l!' inding.

'· (k) It will mean .more than (k) It UJ?-true that it will mean more than every every second bemg taken second rail bemg taken up. What Mr. Gilchrist refers to up, as I mal?-y to- the." obviously wrong manner" is the correct manner,

gether laid m this __ pbvwusly w1th the brands on t he inside. wrong_manner.


P lan and Speci fi cation fM' 80 lb. Steel Rails.

ShorMy after it had b een decided to construct the K algoorlie to .t'ort Augusta -railway plan s and specificatwns for the 8u l b. steel r a'1ls and iishplat es t o be used therein wer e prepared­

A29]. These plans and specitications

were coilljplete and: p erfect in every way. . Had the manufacturer r olled the r ails m conformity w1th the plans and specification,s, it would not have made any d1lfe rence which way the rails

were laid. The design as sh own in the plan was • such t hat there was not the slightest d1ff erence between the two sides of the rail either in the

head or any other part.

Contmcts for S u pply of 80 lb. Rails.

Certain contracts wer e let for the supply of

80 lb. steel r ail,s in accordan,ce with such plan and specifications. One contract for the supply of such rails was let t o an American firm. of these rails

were b randed '' Lorain '' and others of them

" Tennessee. " •l

Another contract for the supply of such rails was let to M essr s. B olckow, Vaughan, and Co., or Middlesborough, England. Some of these Eng­ ' lish raib were br anded " C. of A. 80 lb. 1913

B.V." - ot-hers were branded " C. of A . 80 lb.

1914 B.V."

JI;J essrs. J ohn Coat es and Co. Appointed I n spec­ tors of all 80 lb. Steel R ails. In order to m ake certain that all these r ails,

whether manufa ct ured in America or England, should comply in every detail with the plans an d specifications, the Department, after due and proper inquiry as to t heir standing and fi t ne&s for

the position , appointed Messr s. John Coates and Co., Inspecting Engineers, London, as inspect ors of all these ra1ls . It was the duty of that firm's

employees to inspect the r ails, see if they com1plied with the plan a nd specifications, and. if they did , to s.o certify, and if they did not, to reject them. The firm of M essrs. J ohn Coates and Co . have a world-wide· r eputation as thoroughly honorable and capable inspecting engineers of railway rails .

Before railway rails can be shipped to Aust r alia th ey must b e accepted and paid for in t he coun­ try of manuf acture, co n sequently before they can be shipped th·ey m ust be inspected , passed. and

accepted by those acting on beh alf of the D ep art­ ment. ThP. inspectors in the employ of Messrs. Joh n Coat es and Co . inspected bo th the American a nd

British r ails. The America n r ails inspected and passed by the employees of Messrs. J ohn Coates and Co. com­ p lied with t he plan and specification, and wer e satisfactor y . These r ails may, th erefo·re, be laid

with the brand on the inside or t h e ou tsi de of

the track-it does not any difference to even t he . appearance or the stability or safety of the t,rack. Of the rails, of British m anufacture those

branded " C. of A. 191 3 B.V." comply with the p lan and specificat ions; and can be laid with the nrands on either the outside or the inside of the t rack . This also applies t o some of those branded

" C. of A. 1914 B.V."

Only R ails Not C'orn plying with P lan and Speci­ jicatzons are Sotne of 1913 B. V . But of t hose branded " C. of A. 1914 B.V. "

one shipment. contained some rails which had one side of the h ead thereof a little fuller than the

other side.

Real Trouble with 1914 B. V. In the plan the highest point of the r ail i<> in

the centre of the top line of the heaa of the rail, in. some of the " 1914 B. V ." .the highest

pomt 1s slightly on one side of t he centre line of the h ead of t h e rail! This is so slight that it

co uld not have been detected by ex amining the r alls w1t h the eye Slmjply. But it ought to have been detected by the irnpeot oil's appoin:tedJ by lVlessrs. John Coates and Co. The result of one

side of the head of the rail being slightly f uller

than the other side is as follows: -If one rail

is laid with the bra nd on the inside of the track and t he following r ail with the brand on t he out­ side of the track, t h e r ail with the brand on

the inside t akes about a h alf or tnree-quarters

h ead bearing, while, the r ail wit h t h e brand on the outside t akes only a quaJ" t er head bearing. This can be not iced after th·e t raffi c has p assed over the rails for some time. Then about half

or three-quarters of the head of t he rail with

the brand on the inside h as a bright, shiny ap­

p ear ance, whereas in the case of the rail with the brand the outside only about a quarter of the

h ead of the r ail presen ts t hat br ight, shiny ap­ pear ance. This shows that in t he case of t he

rails· h aving the br and on the inside of the track about half or t hree-quart ers of t he head of th e

r ail takes t he bearing. In th"e case of the r ails

having the brands on t he outside of the t rack

about a quarter of the h ead of the r ail t akes t h e

bearing. This diff P-rence , un d er t he influ ence of traffic, will soo n disappear , and the h eads of the rails, whether wi t h the brands on the outside or t he i nsid e of the track, will take an equal bear ­

ing on t h e head . It does n ot affec t t he stability

or safety of the lin e.

Ovet·-filling of One Side of II ead of R ail R esult s in Non-perfect J oints. Th e only other object ion which ca n be r ai sed against these rails is t hat if they are laid indis­ criminately th e join ts where the ends of t he rails meet are not ,perfect--or, as some witnesse s say, f>U ch' joints are foul. In my opinion·, the better


description of such a joint is that it is not per­

fect. These defective or non-perfect joints: do not affect the stability or safety of the line·. Two samples out off aJ rail accompany this

report--[7 :.-'a;h:i b£t '" 9 "]. It was. s.tated in­ dence. that these pieces were. cut off one of the worst specimens having the head over-filled on one side.

(d) I e·xamined the edges of. th·e en,ds of the rails in order to, if poss.ible,, detect any blunting o·r dulling of the sharp edge of the ends, such

as would be produced by such: edges' being oon­ .struck by the wheels of heavy locomotives

travelling along the line. (e) I rode in a pump car (see a.ttached ,photo­ graph-[ not reproduced])-over portion of the, line in which the r ails with the hea ds over-filled on one side wer'e. This port.ion of the line was not

ballasted. T'he rate was · 12 miles pe·r hour.'

Before these rails despatched from Eng­ land t hey were inspected, ipassed and accepted by t he appointed by Messrs. John Coates

a.nd Co., and had been paid for by the Depart­ ment.

N ot Any Cant in H ead of R ails. As a fact, there is not any cant in the head

of the r ails. The. head of r ails iSI absolutely at r ight angles to t h·e web. The we:b of the

rail is perpendicular , and is a.t right angles to

tche foot, and the foot of the rail is true. Mr.

Carrington's description of t.he cause of the ap­ pearance of cant in the is not correctr-[ Ex­ hi bit '' C J· But as he ;pointed out in that

letter, the difference is a. slight one, and wlll

eventually wear down.

Not A n y Trou ble for First 90 Miles. Fo.T· about t he fi rst 90 miles of track this

trouble with the head of the rails does not occur. From about the. 90-mile point up to 220 mile.s only some of the r ails are ove•r-filled on one side of head, and of these. some are laid with the brands on the ins.ide of the track, so that in their case trouble· is not noticeable.

I am satisfied that the Engineer-in-Chief was justified in relying upon the, inspection of these rails by the inspectors of Messrs. John Coates and Co. as ample pr oof t hat they complied with the plan and specifica.tions--in other words, that when

they were being placed in the road it made no

difference whe,ther the he·ad was on the inside or ou tside of the track. At the time Mr. Carrington's letter was for­ warded to. the Engineer-in-Chief it is clear that Mr. Carrington was unable to detect what was in faet wrong with the il'ails, so slight was th:e defect.. He first n oticed the trouble owing to the bright, shiny on the head of the rails

caused by the friction of the rolling stock passing over them.

Gen.eral T ests Applied to Line. I personally inspect ed the line . from Parkeston up t o 300 miles, and tested it in the following

manne·r: (a) I rode on the back platform of an inspec­ tion car over that portion both on the outward and inward journey. F :or part of the journey 1 stood on the back platform of the inSjpection car. During part of the journey I sat on the floor

of the back platform of such car, and for part

of such journey I sat on, the diffeil'ent steps leading up to the back platform. The speed of the

train varied from 30 to 43 miles per hour. Most of the track was unballasted.

(f) I rode on a section car over a portion of the line which was unballasted, having similar rails, at 23 miles per hour. · (g) I rode on the foot1plate of an engine at­

to the train ov:er, ,a pmtion of the line

having similar rails, portion of which was bal­ lasted and port.ion was unballasted. The rate was up t o miles per hour. ·

(h) I placed thin strips of on joints, which were pointed out by Mr. Gilchrist as being de­ fective, caused by the rails meeting, one having the brand on the inside and one having the brand on the outside, and allowed wheels of the

engine to pass over them in order to see if the

en d o·f any rail projected sufficiently to cut or mark such lead . (See photograph-lnot re- pro­ du.ced.]) In addition to the evidence obtained by me by such tests and in:;:1pedion, I had the as&istance of t he evidence of e·xperts- some in · the ser­

vice of the De,partment, and some not. One of such expert s is admittedly the ablest authority on railway r ails in Australia, viz., Mr. . R eginald R owe, the Inspect ing Engineer for the

Commonwealth Railways.

Gen eral Finding. Having carefully considered all such evidence, I find:-( 1) The plan and specifications in accordance with which the railway rails .should have been rolle·d are complete and perfect.

(2) H ad the rails been rolled in accordance

with such plan and specifications it would not have made any difference which way the rails were laid either with the brands on, the inside or outside of th•e track.

(3) The officers were justified in

belieying after the rails h ad been inspected,

passed, and accepted by Messrs. John Coates and Company, aSI inspectors, that they complied with the, plan and specifications. ( 4) There is not any cant whatever in the head of any of rails;

(5) All the rails comply with tbe plan and

specifi cations, and therefore can be laid as they come with the e·xception of some portion of - a shipment of rails branded " C. of A ., 1914,

B.V." (6) The only defect in the rails forming such portio-n of such sh'i1pment is a slight overfilling on one side of the he·ad of &uch rails, i.e. , instead of the hightest point on the he·ad of such rails

being on the ce.ntre line of the· head line of such rails it is s:lightly to the side of such centre line.

(b) For part of the journey I lay on a mattress bed over the back wheels of s:uch instpection car, having my ear turned down towards the wheels, in order to endeavour to de.tect any noise of the slicking or striking o.f the wheel against any pro­

jection, o-r projecting rail end. (c) I personally examined 932 individual joints on differ ent parts of the line, and tested them with a sharp square-edged ins.trument by laying fl at on the head of one rail and running it

along to the end of the adjoining rail in

to see if it would catch or &trike against any

:projecting edge of such rail.

(7) ThiSI defect is very slight-as appears ·On an · examination of Exhibit 9. It affects only the

appearance of the line and does not affect its

r:.tability or safety. (8) It will not be necessary on account of the overfilling on one side· of the head of any of these rails "1914, B.V." to- take up any of them and relay them.


(9) So far as this pa.rt of the line in which

such rails are · laid is concerned it will, when

properly ballasted and packed, be as comfortable and safe to travel over as the best line of a like

gauge in . the C'ommonwe,alth. ( 10) None of the ends of the rails have been

flattened nor dulled owing to the fact that any part of such ends ,projected and were struck by the wheels of the rolling stock.' (11) The reason why the Engineer-in-Chief ordered aU the rails to be laid with th·e brands on the inside. was in order to give the. line a

better appearance.

Tyres of Rolling Stoclc Alleged t o have been Cut Abou t. This part of this charge-viz., that the tyres of the. rolling stock were terribly cut about in con­ sequence of the way in which the rails had been laid-has not the slightest foundatioh of any kind

to Bupport it.

Charg e A bsolu t el y Untnu. I personally inspected the, tyres of the rolling stock in the depot yards a.t Parkeston, and also on the track. I inspected, not those to which

lY.Ir. Gilchrist drew my attention, but many others in addition. It was admitted by Mr. GilGhrist, and the officers of the De!partment, that the wheels on locomotive engine G6 showed more· signs of

we·ar than those of any other engine or vehicle on the western section. These I thoroughly inspected, L.u.e engine at the time being at the shed at

Parkeston undergoing overhaul. In addition to my inspection, me-asurements of the wheels were taken as. well as plaB.ter of paris moulds and a diagram thereof made (see E xhibits 46 and 47).

At the time of my inspection of the wheels: of this engine, a.nd- when the sketch was made, and t, __ e plaster of paris. moulds were taken, this en­

gine had h'a veiled 7 4, 000 miles: on the, western end of the track, and its whe.els had never been re-turned nor repaired in any J ay. So that

E x hi bit 46 and 47 are the plaster of paris moulds and sketch of the wheels of an engine which had travelled 7 4,000 miles ove·r this line on a. great por:tion of which it is alleged the rails have been so laid as to cut the tyres of the rolling stock

about terribly. In connexion with this charge, I have had the benefit of the evidence ·of e.xperts. who are in the


service of the and of experts who· are

not, and never have been, connected with it. I desire to acknowledge the kindness of Victorian Commissioners in permitting

two of their most experienced and able officers-­ Messrs . Burgess and · Smith-to examine the pl-a.ster of paris moulds and sketch, and to give their opinion as to whether the wheels of engine G6 show any signs whatever of undue wear; and

also of those officerS! for the pains taken

by them in the prepa.ration of their evidence, and for the assistance rendered to me by such evi­

dence. The unanimous opinion of. all the experts is that ins.tea.d of showing any signs of undue we-ar, the·y have lasted very well indeed, and so far aB they

afford any indication it is that the rails have not in any way unduly affected the tyres of "the roil­ ing stock.

Gen eral Finding. From the whole of the evidence given and

placed before me and from my own inspection of the whe.els of the rolling stock, and also the rails as laid in the road, I tind that:-

(1) This part of the charge was made recklessly and without any evidence to support it. (2) The wheels of the rolling Btock are in ex­ cellent condition considering the mileage they have

travelled. \ 3) The wheels of engine G6-107 tons weight -which have travelled 74,000 miles over this line are in exceUent· condition considering the mileage

travelled, and do not require re-turning nor re­ pairing. ( 4) The condition of the wheels o.f this engine goes to show that the manner in which' the rails

have been laid up to 220 miles has not in any way affected the tyres of the rolling-stock. There is strong internal evidence in this char ge that Mr. Chinn took part in framing it. Ac­

cording to his evidence his opinion is that r ails should be laid with the brands outside. This is the position taken up by Mr. Gilchrist in this

charge. All the other evidence is that the rails in this case should be laid with the brands on the ins1 :d e. Mr. Carrington stated so in his letters. This was: overlooked by Mr. Gilchrist when fram­ ing the charge.


(a) On the 5th May last, Constable Duggan, who has acted in the capacity of pay escort along the line each fortnight, called at the office and complained to me that he had just returned from one of these trips and he had no sleep for three nights. (b) He certainly showed it, too. He explained he had to camp with Johnson's gang, at 226! miles, with three cash tins of money in his possession, amounting to approxi­

mately £2,000. (c) He dare not sleep, as there were men in this gang known to the police as most undesirable persons, consequently he was forced to sit all night upon this money, whilst the paying officer (Mr. Horsburgh) he accompanied slept soundly.

(d) He ·asked for a travelling safe to be placed in the guard's van for hjs use and safety of the money on these visits. (e) On the return down journey he was handed a bag containing £1,400 by the postmaster on the camp train, to be brought into Kalgoorlie and deposited in the Savings

Bank. · (/) The van in which he was travelling was crowded with 22 passengers, and he was compelled to stand upon the bag of money for the whole journey of 230 mjles. (g) He also had, in a tin box which he held in 1his arm , a lot of unpaid men's wages.

F. 12510.-B



(h) It appeared to me to be so serious that I wrote'a letter to the Senior Assistant Engineer. He in turn forwarded same to the Superintendent Engineer, who simply added a footnote as follows:-" I am quite aware of this difficulty."

(J") However, no safe has been placed in a brake van as requested, and no action

at all taken to remedy the deplorable state of affairs existjng. ·

Officer charged.- J. Darbyshire, Supervising Engineer:

Charge. Finding.

(a) On the 5th May last, (a) It is true that Constable Duggan has acted as pay Consta.ble Duggan,. who has escort along the line. It may be true that he called at acted In the capamty of pay the offices at Parkeston on the 5th May, 1915. But it is escort along the line each untrue that he complained to Mr. Gilchrist on the 5th fortnight, called at the office May, 1915, that he had just returned from one of these and ?omplained to me that he trips and that he had had no sleep for three nights. had ] ust returned from one of · ·

these trips, and he had no sleep for three nights. (b) He certainly showed it, too. He explained he had to camp with Johnson's gang, at 226! miles, with three cash tins of money in his posses­ sion, amounting to approxi-. mately £2,000.

(b) It is untrue that he explained that he had to camp with Johnson's gang, at _ 226! miles, with three cash tins of money in his possession, amounting to approxilnately £2,000.

(c) He dare not sleep, as (c) It is untrue that he dare not sleep as there were there were men in this gang men in this gang known to the police as most undesirable known to the police as most persons, and that consequently he was forced to sit up undesirable persons, conse- all night upon this money whilst the paying officer (Mr. quently he was forced to sit Horsburgh) he accompanied slept soundly. It is untrue all night upon this money, that Constable Duggan made such a statement. whilst the paying officer (Mr. Horsburgh) he accompanied slept soundly.

(d) He asked for a travel­ ling safe to be placed in the guard's for his use and

safety of the money on these visits.

(d) It is untrue that he asked for a safe to be plac(3d in the guard's van for his use and safety of the money 'on · these trips.

(e) On the return down (e) It is untrue that on the return down journey

journey he was hande9. a bag Constable Duggan was handed a bag containing £1,400 containing £1,400 by the post..: by the postmaster on the camp train, to be brought into master on the camp train, to Kalgoorlie and . deposited in the Savings Bank. It is be into Kalgoorlie untrue that Constable Duggan ever made such a state­ and deposited in the Savings ment. Bank.

(j) Th.e van in which he was tra veiling was crowded with 22 passengers, and he was compel1ed to stand upon the bag of money for the whole journey of 230 miles.

(g) He also had, in a tin

box which he held in his arms, a lot of unpaid men'.s wages.

(/) It is untrue that Constable Duggan was compelled to stand upon the bag of money for the whole journey of 230 miles or any part of it. It is untrue that Constable Duggan made any such statement.

(g) It is untrue that Constable Duggan had in a tin box which he held in his arms a lot of unpaid men's wages. It is untrue that Constable Duggan made such a statement.


I, 19

Charge. Finding.

(h) It appeared to n1e to be (h) It is true that Mr. Gilchrist wrote a letter on the so serious that I wrote a letter 5th May, 1915, to Senior Assistant Engineer Hawley to to the Senior Assistant Engi- the effect that Constable Duggan had called and made a neer. He in turn forwarded complaint. (See Exhibit A 2). Senior Assistant Engi­ to the Superintending neer Hawley forwarded it on to the Supervising Engineer

Engineer, who simply added a (Mr. Darbyshire), but it is untrue that Mr. Darbyshire footnote as follows :- " I am simply added a footnote as follows :-" I am quite aware of this difficulty<' aware of this difficulty." .._ · ·

(j) However, no safe ·has (j) A small steel or jron safe has been placed in some of been placed in a brake van as the vans, but it is not clear on what qate they were put requested, and no action at into the vans. It is untrue, and' was untrue, to 1\ir. all taken to remedy the de- Gilchrist's knowledge when he declared the charge, that plorable state of affairs exist- no action at all had been taken to remedy what he calls ing. I the deplorable state of affairs existing.


THE TRUE F 'ACT'S CONCERNIRG THE MATTERS REFERRED TO IN CliARGE 5. In May, 1915, Mr. C. vV. Horsburgh was the Paymq,ster on the western section of the Kalgoor­ lie to Port Augusta railway. Whenever he pro­ ceeded along the line on his ,pay trips, in o-rder

to pay the men, he took with him each man's

pay made up in a separate packet. All these

packets were placed and ca.rried by him in a tin box. In addition to this box he had a strongly­

made leather brief bag for the purpose of carry­ ing cash in.

Consta ble Dnggavn A cted as Escort Ohly. On these pay trips Mr. Horsburgh was ac­

companied by Constable Duggan, who acted as escort only, and not in any other ca;pacity. He did not go for the purpose of carrying or taking

charge· of t.h·e money. As a fact, Mr. Horsburgh always carried the money. Some time before the 2nd May, 1915, Mr.

H orsburgh, accompanied by Constable Duggan, went to the head of the line. When he re.ached the miles the motor section car, on which

they were tra veiling, broke down, with the result that both Mr. Horsburgh and Constable Duggan had to spend the night at Ganger Johnson's camp.

No t More tha n .:£60 in JJ,f 'r . Horsburgh's Posses-sion when at Johnson's Camp. At the time the car broke down, and on the

night spent by Mr. Horsburgh Constable

Duggan at Johnson's gang's camp, Mr. Hors:burgh had not more than £60 in his possession.. This was made up of nine or ten unclaimed pays. Mr. Horsburgh kept possession of this all night, roll­

ina it up in the blanket in which he slept. C'on­ Duggan slept in a separate tent, of which

he was the sole occupant. Constable Duggan had not any money in his possession. There was not any evidence that any criminal or known

to the police were in or close to Ganger Johnsm:r's gang. No precautions m ore than usual were

taken. Assistant Engineer Carrington was sent out to mend the motor and he knew what had hap,pened to Mr. Horsburgh· and Constable Duggan-that th'ey spent the night at Johnson's gang's camp.

Amount in Post-Office Bag not P roved. On the return journey the postmaster at 208 miles handed to Mr. Horsburgh a bag containing money for the Savings Bank at Kalgoorlie. Mr. Horsburgh did not know how much was in the bag, and not the slightes.t evidence was given be­ fore me a.s to how much th·a.t bag contained. The bag was a small canvas one. When it was handed to Mr. H .orshurgh he placed it in the strongly­ made leather brief bag before mentionea. Mr. Horsburgh kept. possession of this bag. Constable Duggan did not have possession of it.

Both Mr. Horsburgh and Constable Duggan returned to Kalgoorlie on the 2nd May, 1915. In the van in which Constable Du.ggan came back there were only a few men. So far as the

journey up and down the line was. concerned Con­ stable Duggan could not have looked very sleepy on the 5th May by which time he had had three nights' sleep at home.

Impossible for Du ggan to do what Alleged. It would be a ;physical impossri.bility for any one to stand on the leather bag which· contained the canvas bag and to 'remain on it for any distance.

Mr. on the return journey kept pos­ session of the tin box also. The tin box-which was on t he beari ng was about 13

inches by 5 inches by 5 inches- and in it was not more t han £60. This refers t o the amount that

was unclaimed as wages on that trip.

I am satisfied that Constable Duggan did not make any part of the complaint alleged in this charge t o h ave been made by him. Nor did h'e

ask for a safe to be placed in the guard's van

for his use and the safety of the money on these visits. Mr. Gilchrist's evidence on this c:Q. arge was most unsatisfactory, and it was in strong con­ flict wit h the evidence of Mr. H awley-his

superior . I t is clear from M r . H awley ' s evidence t hat Mr. Gilchrist t old him that Co nstable Dug­ gan called to see him (Mr. H awley)_. In his evi­ dence on oath at K algoorlie Mr. Gilchrist said t hat Constable Duggan would not see Mr. Hawley nor any other office r but Mr. Gilchrist . This is

only one instance of the unsatisfactory nat ure of Mr. Gilchrist's evidence. B2

Mr .. Gilchrist's Entry zn Notebook Inconsistent with Evidence. In his notebook, in which, according to him­ self, he made notes _for the purpose of making charges, and ·from which he made the charges, there· is an entry:-

" Pay arrangements, Duggan, 2.5.15." The discrepancy in the dates Mr. Gilchrist could not explain-[Exhibit 33]. -

1\ir. Gilchrist did, on the 5th lVIay, 1915, write a letter to Senior Assistant Engineer Hawley­ [ Exhibit A2].

Mr. Darbyshire's Pull Footnote. This Mr. Hawley forwarded on to the Super­ vising Engineer, who did not simply add as a

footnote the words oot out in the charge, but put the following footnote : "I am quite aware of this difficulty. A

car for inspection and pay purposes is being built. 6.5.15." The last part of the footnote Mr. GilchTist de­ liberately cut out. This was the most important part of the footnote, but Mr. Gilchrist cut it out because, if he put it in then, the last part of his

charge would be absolutely disproved. As a fact, small or iron safes had been ,put

in some of the vans, hut is not any evidence

. to show on what date these were placed in the

vans. It may not have been before the 19th

August-the date on which these charges were laid. The statement by Mr. Gilchrist that "no

action .at all taken to remedy the deplorable sta.te of affairs existing " is absolute1y untrue, was un­ t.rue on the date on which these charges were

made, i.e., the 19th day of August, 1915, and


was untrue to his knowledge at the t.ime he made the charge, as th'e following facts show :-Act·ion Taken-Pay-Cwr Built, and in Use by . '18th August, 1915.

On the 23rd April, 1915, the construction o.f a pay car suitably constructed had been authorized by the ,Engineer-in-Chief. Immea.iately there­ after plans for the construction of this. pay-ear were prepared, the material for its construction obtained, and the construction of the pay-cat were prepared, the material for its construction ob­ tained, and the construction of the pay-car was commenced on the 23rd June, 1915, and was com­ pleted, and in use, on the 18th August, 1915. The whole of this car was constructed at the depot at Ka.lgoorlie, and must have been seen by Mr. Gil­ christ whilst in course of construction before h'e left Kalgoorlie on the 17th July, 1915. He, on o.ath at Kalgoorlie, said that he knew before he left Kalgoorlie that this car was being built in order to meet the difficulty, or what he terms

'' tll'e deplorable state of affairs.'' Under the cir­ cumstances this pay-car was built with due. ex­ pedition. On works of this description where large sums of money have to be carried over long distances for the purpose of paying wages this difficulty re proper accommodation always arises. On the evi­ dence before· me I think the officers of the De­ partment adopted the, most ;prudent course of pro­

viding a constable to accompany the pay officer until th·e pay-car had been constructed. This car met all requirements and has been

used since it was put into commission. The whole matter before the ca.r was built simply resolved itself in to one of con and expediency.

There was not any deplorable state of affairs at any time.


(a) To arrive at an approximate cost of the work is impossible. (b) An attempt was made last June regarding No. 1 Section (0 to 100 miles) by the Senior Assistant Engineer. (c) He returned 190,000 yards of side cutting at 9d., and surface forming at 15s. per chain. · , · ·

(d) These figures, which were sent to Head Office as correct, are still believed to· be so by the Engineer-in-Chief. . (e) Engineer Carrington afterwards supplied his return} and it was found that side cutting should be 120,000 yards of 190,000, and the price per yard Is. 3d. instead of 9d.

(f) Twenty miles of surface forming was let by contract to W m. Morris, which was included in the first return, and the remaining 80 1niles only should have been returned, showing the cost to be 33s. instead of 15s. . (g) When the Senior Assistant Engineer worked out the cost of the forming it included the 20 miles let by contract, forgetting at the tjme this had been included.

Officer charged.:_J. Darbyshire, Supervising Engineer.


(a) To arrive at an approxi­ mate cost of the work is im­ possible. · (b) An attempt was made last June regarding No. 1 Section (0 to 100 miles) by the Senior Assistant Engineer.


(a) The charge that "to arrive at an approximate cost of the work is impossible" is absolutely untrue, and was admitted by Mr. Gilchrist, on oath, to be untrue. (b) The Senjor Assistant Engineer did not consider the question of what the first section (0 to 100 1niles) cost. Nor djd he attempt in June, 1915, to arrive at the approximate cost of 0 to 100 miles. He was in June, 1915, investigating the costing of that part of the line.



Charge. Finding.

(c) He .190,000 (c) On 12th June, 1915, Mr. Hawley signed a letter-

yards .of side at 9d., gram setting out 190,000 cubic yards of side cutting at

and forming at 15s. '9d., and surface forming at 15s. per chain. These

per chain. figures were not compiled by Mr. Hawley. He obtained

them Assistant E ngineer Carrington. They were approximate only.

(d) These figures , which (d) These figures were sent to the Head Office not as were sent to H ead Office as correct , but as approxiJnat e. It is untrue that they are correct, are t? be still believed to be correct by the Engineer-in- Chief. He

so by the Engineer-In-Chief. never at any time believed them to be correct. Mr. Gilchrist never at any time had the slightest ground for making this charge. It was made recklessly, not caring whether it was true or false .

(e) Engineer Carrington (e) The approximate figures set out in fi nding (c) afterwards . compiled his re- hereof were supplied by lVIr. Carrington t o Mr. Hawley. t?-rn , It was found that They were approximate only. In connexio n wit h that side cutting should be 120,000 return Mr. Carrington had returned contract and day­

yards instead of 190,000, and work quantities in conjunction. On the 16t h June, 1915, the price 1s. 3d. instead of 9d. he separated the quantities relating to contract work from the day-work ·quantities. His figures were checked, and on the 28th June, 1915, a corrected return was sent in

eliminating the piece-work. The mist ake in the first return arose from adding the day-work and contract­ work quantities together and dividing the cost of the day­ work only by the sum total of the two quantities. The

side cutting then worked out at 120,000, and the price at 1s. 3d. , '\ (}) 1 Twenty miles of surface · (j) It is true that 20 miles of surface forming had been forming was let by contract let by contract to William Morris, which was included in

to Wm. Morris, which was in- the first return, i.e., the quantity taken out by him was eluded in the first return, and added to the quantity taken out by day-work. Only the remaining 80 miles only the 80 miles should have been returned as having been should have been returned, done by day-work and the cost of the day-work

showing the cost to be 33s. divided by such quantity. The correct costing was instead of 15s. 28·06 shillings for surface forming instead of 15s. The

correct return was sent on 28th June. l

(g) · When the Senior Assis- (g) The Senior Assistant Engineer (Mr. did. not tant Engineer worked out the forget the contract. The figures were compiled and given cost of the forn1ing it included to him by Assistant Engineer Carrington, and it was he the 20 miles let by contract, who in the approximate return made the n1istake by

forgetting at the time this had adding the contract quantit ies and day_ -work been included. · together. He should have t aken t he day-work quantities

only and divided into the total ?ost of day-work which had been done In the first 100 miles.


The Costing at F irst U nsatisfa ctory . Th is ch a r ge concerns t he "costing" (i .e., t he apport ion m ent of the cost to each piece of a s distinguish ed f r om the cost of N o. 1 sectwn.

In order t o u n der st and this, it is necessary t o

trace the histQry of the costing in connexion with No. 1 ooction.

The A ct a uthorizing the co nst r uction of t he

Kalgoorlie to P ort Augusta railway was the K al­ goorlie to PoTt A. 'ugusta R ailway Act 1911 , N o. 7 · of 1911, assented to on the 12th D ecember,

1911. By sect io n 16 thereof it is enacted t hat " the er may app oint fo r any p eriod not exceed­ in g six months beyon d the date on which the line shall be declared open for traffic all such officers as h e thinks necessary fo r th e pur pose of the


or working of the railway, and may

authonze t.he employment of a.ny persons for these purposes."

Henry Deane :was appointed Enginee•r-in­

Chi·ef on 1st January, 1912, and was authorised to proceed with the construction of the. line. At that time he had not any ad.equate staff nor was there any plant or equipment. He had to start from the inception, i.e., design his rolling­

stock, decide . on the· necessary machinery and plant, determine on the terms of .contracts and let the same for rolling-stock and material. All mate·rial, electric staff, and ail

details ne?essary for carrying on the works had to be_ decided upon as to design, quality, and


He had :10t any staff capable of dealing

promptly with matters, and dependence

had to be placed 1n many eases upon untried

and inexperienced men.

The section of the Act above re.ferred to hin­ dere.d him to .extent. from obtaining the

services of expenenced men, for the reason that that section rendered all positions temporary. The effect of tha.t section was that me·n of ex­ and holding good positions, would not

rehnqmsh them for temporary ones. Mr. Deane not only to obtain the, staff, but to organise


N eces sity of an Experienced Staff. In railway construction the one branch above all others in which it is ne.cessary to have trained and experienced office•rs is th·at which haS1 charge of the ':costing." Officers having the eon trol of the: costmg should not only have experience re­ latmg thereto, but there should be a sufficient staff of them to permit of the, work being carried through carefully, thoroughly, and expeditiously. Othe·rwise, although the total cost of the work can b e ascertained, the proper apportionment of such total cost to each individual piece of work cannot properly, thoroughly, and expeditiously be

made. In the early stages of the work on the. West.e.rn end of the K algoorlie to Port Augusta line the costing was incomplete. One particular costing clerk proved to he too slow for his work and not

sufficiently experienced, with the result that the costing was not properly carried out.

For som e ·considerable time• after ' the' work started the staff on the cos,ting was not sufficient to keep un with the work. Some of the time-­

keeper; not sufficiently e·xpert, and there

were not. sufficient timeke.epers on the work in orderr to carry the work through thoroughly and expeditiously. Some of the timekeepers had to travel long distances· and had not any proper

nor sufficient means of locomotion.

In addition, during the early stages of the

work, the costing ledgers were kept in Me·lbourne instead of in Kalgoorlie. This occasioned delay and uncertainty.

The result of all drawbacks, i. e., insuf­ ficient an d ine·xperienced timekeepers ; time­ keepers having to travel lori g distances; and the cost ing ledge·rs be-ing kept in Melbourne, was that the costing fell into arrears, and the work was not carried out in a satisfactory manner.

Mr. H enr y Deane· was in charge of the costing of the No. 1 $ection at the time the above difficul­ ties existed. The work relating to costing was

subsequently taken up by Mr. Monio.

Remedies Suggested by Jl:lonro. Mr. Be.U, who was appointed Engineer-in-Chief of the. Commonwealth Railways on the 4th April, 1914, mstructed Mr. Monro, the Chief Clerk and Accountant, to go into the matter of costing and t.imekeeping, and, having done so, to suggest a remedy for the trouble which existed. Mr.

Monro having investigated the. whole· matter, fur­ his repoTt on the 26th January, 1915, in

whiCh he suggested the following, amongst other remedies:-( a) the return of the costing ledgers to

Kalgoorlie : .

(b) the employment of competent time­

kee·pers and clerks: (c) that the timekeepers' sections should not be too long. His recommendations were acted upon, with the result t.hat the costing is now being, and has for some time', carried out in a. proper and

efficient manner.

Actual Cost of No. 1 Section of Line can be


It is possible to arrive at, not only the ·approxi­ mat.e cost,, but t.he actual cost of No. 1 section. was admitt.ed by Mr. Gilchrist when giving

?VIdence at Mr. D_g,rhyshire was not

m any way responsible · for the condition of the costing of the No. 1 section, as all the work had been carried out on that section before his

on the 11th December, 1914, to the

position of Supervising on the Western End. His predecessors in that position were Mr. Henry Chinn, from the 8th February, 1912, to 11th August, 1913; Mr . . W,.. R. Smith, from the

11th 1913, to 25th August, 1914; Mr.

F. W. Saunders, from the 26th August, 1914, to 11th December, 1914. Mr. Gilchrist stated on oath at Kalgoorlie that the actual costing of the No. 1 section could be ascertained, but that Mr. Darbyshire was responsible because he had not appointed competent officers to carry out the cost­ ing. . This was never stated in the charge, and

even If it had hee·n there was not the slightest

foundation for such a statement. 'Yith regard to the returns sent in by Senior Assistant Engineer Hawley, the position is fully set out in the findings to sub-charges (c), (d), (e),

(/), and (g). It is, shortly, as follows.:-Mr. Hawley proposed to send into head office a return ':showing the costing a - side cuttings and surface formings for a certain section. He asked Assistant Engineer Carrington to go into the

matter and supply him with the correct figures. In his first return, wliich was approximate,

Assistant Enginee·r Carrington added the amount done by day work to the amount done under con­ tract, and divided the total into the cost of the

work done by day work only. The result was

that the cost appeared to be 15s. inste·ad of

28.06s. per chain. When he checked his figures he discovered the mistake, and a corrected and proper return was sent in. It was not Mr. Hawley's mistake. He se·nt in

the figures as they were supplied by Mr. Carring­ ton. Mr. Hawley was well aware of the contract, as also was Mr. Carrington. The correct return was sent on the 28th June, 1915. Had Mr. Car ­ rington been careful, the mistake would not have­ occurred. The original :fi.gures were never

belie·ved by Mr. Bell. He recognised at once

that they were incorrect.. But as his officer was just about to arrive on the works, he did not

write t o Mr. Hawley or Mr. Carrington, but left it to his own office.r to investigate the whole



. CHARGE No. 7.

(a) Erayinia Ballast Pit.branch line was laid off main line at 75-mile peg. (b) It is about 5 miles with a 15-chain triangle off main line.

136 3

(c) were employed in layiJ;lg 60-lb. rails. After this work had been

completed It was discovered that these rails were not heavy enough to cope with the heavy ballast engin,es 'that were on order. ·

(d) The line was subsequently relaid with 80-lb. material.

(e) were employed and packing, cutting side drains, and widening

banks, connecting telephope and staff Instruments, excavating a dam for water supply, &c. (f) Rock ballast for main line was to be supplied from this pit, and two stone crushers were purchased from Jacques and Sons, Richmond, and delivered to the Parkeston Depot.

(g) Everything was in readiness to begin work in the pit,

· to the utter astonishment of everybody, a telegram was received from

the Engineer-In-Chief, advising that he had decided tq abandon Erayinia for ballast. (j) The line was still down when I left (15th ult. ). (k) The rock crushers are rusting away in the depot yard, and, as far as I could ascertain, will probably be scrapped.

(l) It is obviously plain that there was a serious blunder somewhere.

Officers charged.-N. G. Engineer-in-Chief ; J. Darbyshire, Supervising Engineer.

Charge. Finding.

(a) Erayinia Ballast Pit (a) It is true that Rocks branch line was laid

branch line was laid off main off the main line at 75- mile peg-75 miles 64 chains. line at 75-mile peg. 11

. (b) It is about 5 miles in (b) It is untrue that this line was 5 miles long.

length, with a 15-chain tria11gle The exact length of the branch line was 2 miles 72 chains off main line. 34links, and about 21 chains of siding was put in.

(c) Many gangs were em- (c) Some gangs were employed on the branch line ployed laying 60-lb. rails. laying 60-lb. rails. It is untrue that after this work had After this work had been com- been completed it was discovered that these rails were pleted it was discovered that enough to cope with the heavy ballast engines

these rails were not heavy on order. They were quite heavy enough, and were enough to cope with the heavy never at any' time replaced by heavier rails. They ,were ballast engines that were on never interfered with until they were finally taken up. order.

· (d) The line was subse- (d) The line was never subsequently relaid with 80-lb. quently relaid with 80-lb. material. material. (e) Gangs were employed · (e) It is true that gangs were in. lifting and

lifting and packing, cutting packing, and cutting small lengths of side drmns, but not side drains, and widening in widening banks, nor in connecting the telephone, nor banks, connecting telephone staff instruments, nor in excavating a dam for water and staff instruments, exca- supply. vating a dam for water sup-

ply, &c. . . .

(/) Rock ballast f?r main (f) It Is true rock the main hne was to

line was to · be supphed from have been supphed from EraJinia Rocks and also that this pit, and two stone two stone were from Messrs. J

.crushers were purchased fr01n Bros., of RIChmond, and delivered at Parkeston Depot. Jacques and Sons, Richmond, It is untrue that there ever was a pit of any kind at and delivered to the Parkes- Erayinia Rocks. 1J9n Pepat,


Charge. Finding.

(g) Everything was in readi­ ness to begin work in the pit, (g) It is quite untrue that everything. was in readiness to begin work in the pit. There was never any pit of any

kind, and, moreover, the branch line was never com-pleted. .

(h) when, to the utter as­ tonishment of everybody, a telegram was received from the Engineer-in-Chief, advis­ ing that he had deciQ.ed to a bandon Era yinia for ballast.

(h) A telegram was received from the Engineer-in­ Chief, advising that he had decided not to spend anymore money on the Erayinia Rocks undertaking. Thjs was not to the utter astonishment of everybody.

(j) The line was still down when I left (15th ult. ). (j) The line was still on the 15th July, 1915. ( k) The rock crushers are rusting away in the depot yard, and, as far as I could ascertain, will probably scrapped.

(k) The statement that the rock crushers are rusting away in the depot yard and that, as far as Mr. Gilchrist could ascertain, will probably be scrapped, is without a scintilla of foundation.

(l) It is obviously plain that there was a serious blunder somewhere.

( l) It was not obviously plain that there was a serious blunder somewhere.· There was not any blunder of any kind.


Ef!or'ts Made to Obtain Suitable Depos-its of Gravel Ballast. '

About the time the construction of the· line was commenced on the V\Testern End, Mr. Henry Deane, the then Engineer-iu-Chie,f, sent men out t·o prospect for gravel, suitable for ballast, along t.he course of the line•. · These gangs continued prospecting for gravel after Mr. Bell was ap­ pointed ,Engineer-in-Chief on the 4th April, 1914, in succession to Mr. Deane.

.Some gravel was discovered a.t the miles,

and froni this, pitsufficient was obtained to ballast 41 miles of the line to a de·pth of four· inches and 20 miles. of the line to a depth of six inches, a

total of 61 miles of line, a1l on the first section. But up to July, 1914, there had not been dis­ covered a ·suitable deposit of gravel for the, final ballasting ·of the first section, 0 to 100 M. In

July, 1914, Mr". BeH, having examined and tested . the stone at Erayinia Rocks, and being satisfied with the quantity of stone available, and also its quality for ballasting purposes, issued instructions

that a siding should be laid down from a point

on the main line· about the 75-mile peg to the

Erayi:hia Rocks, intending to ered a rock-crush­ ing plant there.

Branch Line to Erayinia .Rocks-! n complet e. i In pursuance of such instructions, a triangle was laid off the main line at about the 75-mile peg , and a branch line· was laid . down to the

Erayinia Rocks:. This branch hne was very

lightly co nstructed, the who1e cost of the same being only £904. This branch line, as a fact, was never eomp.Je,ted. As a fact, it was :qever com­ pleted so far as it went. For the greater. part

of its lengt h there was scareely any formatiOn­ very little drain-cutting. Not any banks worthy of the name were constructed.

I inspected the whole of the earthworks on this branch line, from the triangle to Erayinia Rocks, and s1.w all the work that ·had been carried out in connexion with the formation of this branch line, te.lephone, etc. T}le highest formation is only 2 ft. 10 in., and that for a short distance

close to the Erayinia Rocks'. ' The' following

photograph shows the highest forma.tion.-[Photo­ graph not reprodtbced.] The telephone poles had been erected to within ]4. chains of the end of the line, but the telephone line had not been connected , u1p, nor were any staff instruments installed or connected up.

The rails had never been laid right up to the

end of the formation. The sidings had not been put in. The earthworks had not been completed. The lifting and packing had not be.en completed. In fact, only the initial work so·far as the branch line and telpehone line were concerned, had been carried out.

In one end of the siding work had just started on a cutting, which would be' about 41 to 5 fe€t deep and partly through rock. To have com­

pleted the branch line and te-lephone line would have cost a very considerable sum.

Not Any P i tJ nor Quarry at Rocks.

No work of any kind whatever had be€ n

carried out by way of opening up any pit or

quarry. No site had been determined on for the rock-crushers, nor had any site for the telephone cabin been selected.




[Photog1·aphs not rezYrod1tced .]

There is n ot any justification for referring t o, this place as a "pit." Mr. Gilchrist , on oath at

Kalgoorlie, said that what he meant by a "pit"

in this charge was that "There was a big fac•e of stone which circles round and makes a natural pit." But the bend in the outcrop .of rock is

away from the siding, and t he inside of the bend or pit is on the other side of the rocks from where the would have been. The exact length of

the branch line from the. triangle to the· rocks is 2 miles 75 chains 34 links, and Mr. Gilchrist, on oath at said, "I simply guessed in my

declaratwn at the le·ngth of the· line to Eravinia, but I knew it was more than two miles." ·

No 80-lb. Rails Laid. There is not the slightest foundation for the statement in this charge that after the work had be>en compl et ed it was discovered that the 60-lb. ·

r ails were not heavy enough to cope with the

' heavy ballas.t engines then on order. No part of this line has ever been- taken up for the purpose of heing ·rehid. Not one 80-lb. rail has e.ver been laid in this line.

The statements that banks were· widened and telephone and staff instruments connected are absolutely untrue. Mr. Gilchrist visited the

place with me and was unable to point out one spot, when request.ed to do. so, where tpe banks had been widened.

Not Any Dam Sunlc. No dam of any kind could be found in the·

locality, not e·ven any trace of a dam, and

although I frequently .asked Mr. Gilchrist where it was, he was unable to afford me any informa­ tion. I asked him to look for it while we we·re

there, but he was unable to find any t.race of it. Although in July, 1914, it had been deter­

mined to ereet rock-crushers at Erayinia Rocks in order to crush stone there and · use• it as ballast, still men had been kept prospecting for a suitable gravel ballast pit.

Discovery .of Gravel at (128M).

Some time after July, 1914, a man named

Smith, who had been kept _ out prospecting for a suitable gravel ballast pit, discovered a deposit of most suitable gravel ballast at 128 miles (Zan­ thus), and close to the railway line. At the time

the branch line was put into Erayinia Rocks no one had any idea that gravel would be discovered at 128 miles. The deposit was opened up and

tested in order to ascertain the extent and quality of the deposjt. vVhen its real value and im­

portance had been as:cert.ained, the question. <;f obtaining and using rock b allast from Eraymia Rocks was reconsidered. The position then was this: -In order to complete Erayinia branch line,

telephone line, erect crushing machinery, and open up a pit, would necessitate the expenditure of some thousands of pounds, apart altogether from the cQst of obtaining the stone from the

Erayinia Rocks, crushing and hauling it for at least three miles to the main line . On the other hand, at the 128 miles (Zanthus) there is close to the line, on the north and south

sides, a magnificent deposit ?f excelLent and aranit·e gravel most smtable for ballastmg, and the quantity was sufficient to completely and effectually ballast /the whole line from Parkeston Depot to 180 and the only cost was that

of loading it into the trucks.


[Photographs not r epocluced. J The ballast which had boon put into the line from the pit at miles was not considered goo.d enough for final ballasting, and some from this

new pit would be required to put on the top of

that which had already been p1aced on the· line · for 61 miles.

Saving of 1259 ,914 Effected by Using Z anthus Gravel Instead of Erayinia Stone. · Calculations were made, and it was then ascer­ tained that, allowing for the cost of putting down the branch line to Erayinia Rocks, plus• the cost of taking it up, plus 25 per cent. depreciation on

the sleepeTs, still the Department will save

£59,914 by taking up this branch line to Erayinia Rocks, putting it down somewhere else (at

205 miles) . and by using the gravel ballast from the gravel ballast pit at 128 miles, instead of pro­ ceeding with the E rayinia Rocks proposition and using the crushed rock from that place. -

Disc ov e?'.IJ of Deposit of Limes:tone a t N ar etha ( f205 miles). J3e·tween the 9th and 26th April, 1915, a valu­ able of hard, limestone of very great ·extent and over 137 feet deep, had be1en discovered

at N aretha (205 miles). This stone was tested

and found most suitable for ballast.



[Photographs not r eproduced .]

Having all the·se facts be.fore them, the o.ffice·rs­ of the Department (l\1r. Ben and Mr. Darby­ shire) were, in my opinion, not only justified in not carrying out any further work on the branch _line to the Erayinia Rocks, in taking up that

line, and in proceeding to use gravel from the

gravel ballast pit at 128 mile·s, hut had they not done so they would, in my opinion, have been guilty of a very serious dereliction of duty.

iVot Any R1[st on the Roclc-crushers. Two rock-crushers had' been purchased from Messrs .. Jacques Bros., of Richmond, Victoria. Thev commenced to arrive at the Parkeston

DepBt on ' the 24th March, 1915, and a complete unit had arrived by the 28th May, 1915. On the arrival of the parts, any of them which could

possibly be prejudicially affected by exposure. to the weather were taken into the s·tore a£ Parkes­ ton and kept there until they were sent to N a­ retha on the 7th February, 1916. The large

castings forming part of the crushers, and the .• parts which co uld not be injuriou.sly affected by exposure to the we·ather, were allowed to remain in depot yard until removed to Naretha.

· I personally inspected these rock-crushers at

Naretha, where they were in course of erection. (See tl1e attached photographs-[ not repr rodru ced.J) . The course followed by the employees of the Department in the large castings in the

open was, in my opmwn, the pro·per one. I that opinion on what I saw, and also on the evi­ dence of persons in the employ of the Depart­ ment and of persons not in such em ploy.

The rock-crushers did not rust in any way

whatever. They are co mpose d of grey cast iron, and had been painted by the makers, and could not under any circumstances suffer from any­ thing more than face rust. If left exposed for 10 years these large cas ings would not suffer from rust. As a fact, 90 per cent. of the crushers

which are used on the goldfields in Western A us­ tralia are never protected from the weather in any . way.


Never Intended to Scrap There was mwer the slightest suggestion that these rock-crushers would be scrapped, and Mr. Gilchrist could have found out from any of his superior -offic ers what. was intended to be done with them. In his evidence on oath at Kal­

goorlie, when questioned why he did not ask his superior officers what they inte nded to do with thes·e crushers, he swore that he would not go out of his way to ask either Mr. Hawley or Mr.

Darbyshire about t he matter. His conduct in laying this cparge is most

Gravel Ballast at Zanthus. I inspected both the gravel ballast pits here, i.e. the one on the north and the· other on the

south side of the line. Both of these pits have

been opened up, and in them there is sufficient gravel of a most superior quality, and very easily obtained, to ballast completely, effectually, and well the first 180 miles of the line, i.e., from

Parkeston up to the 180-mile point.

Fine Quality of Zanthus Gravel for Ballasting. The gravel in the pit on the north side of the

line I tested myself by screening and washing. It contains about 88 per cent. of pure gravel, of

which 77.3 per cent. is pure gravel over i inch in size and over 50 per cent. of which is pure gravel over inch in size. It is free from earthy mat­

ter. The sand mixed througn the gravel is of

excellent quality, and can be used without the expense and trouble of washing for concrete work for bridges and culverts. The gravel is heavy

ironstone with a mixture of jasper, fairly brittle, and weeds will not. gro·w on it. It is inexpensive to obtain and cheap to maintain when in the

road. It is easy to handle in packing, will drain well, and, after rain, the sand will recede from the surface of b allast and will not rise, and

will form as good, sound, and firm a bed as

broken metal. The gravel from the pit on the south side is

just as good as that on the other side, and just

as easily ..obtained.



[ l'lwtogmph no t Tezrrocl·uc ed .] With re

ballasting purposes, and the advisn.bility of usin_g it ou the line, I have had the benefit of the evi­

dence, not only of the officers of the D epartmen t , but also that of independent witnesses-men of wide experience on these matters both i_n Western Australia and Victoria . While at the pit I caused t9 be placed in five bags five di fferen t samples of the gravel taken from the n ortl: sid_e. This done in the presence of Mr. G1lchnst, who sard t-hat the five sam ples were fair samples of the

whole bulk in the pits. These I ca sed t9 be for­ warded to the Railways Commissioners if! Vic­ t oria with a r equest that they be good

enough to ask their two most expenenced a nd capable officers to thoro-ughly test the gravel and the sand. I desire to record my indebtedness to Vic­

torian R ailways Commissioners for selectmg two such capable and experienced officers as Boan and Ashworth to carry out the tests whr ch I suggested , and also· to the two officers them­ selves for the very careful and manner

in 'which they carried out the work _to

them. These gentlemen were called as wrt­



The result of the tests carried out by Messrs. Boan and Ashworth is to show that the gravel is in every way suitable for ballasting purposes. They· state:-

" In our opinion the gravel is in every way suitable for ballast, and should give excel­ lent results. It can be easily handled and

worked, and contains the required proportinn of sand, small pebbles, well-shaped stones of various sizes between i inch in size ·and 1 inch, and of coarse gravel above 1 inch, to form a strong compact mass free from voids

under working conditions. It is clean and froo of clay or earthy material, and will thus afford good drainage; malies little dust and deters the growth nf grass and weeds. The material of which it is composed is heavy and hard without being brittle, and does not absorb much water and · will not break up quickly or pulverise in working, either when

wet or drj." [Exhibit "119.")

Value of Sand in the Gravel. The sand obtained from the gravel ballast when screened is most suitable for use in the manufac­ ture of concrete work in connexion with the line, and that without any washing. This is borne out by the evidence and the excellent and thorough tests carried on by Messrs. Boan and Ashwmth.

[Exhibit "119''] They found that the sand gave good tests, and that it was suitable in every way for concrete work. In addition to the tests, I had a sample of concrete made by Mr. Darbyshire

from the sand. [E xhibit "52."] The percentage of this sand in the gravel is 3.30.

After it has been decided not to carry out any more work at Erayinia Rocks, so much of the

branch line as had been laid was lifted and taken to N3iretha (205 miles), where it was relaid as sid­ ings, &c.

Quality of N areth'a Limes tone for, Ballast. At Naretha a valuable and extensive deposit of limestone rock has been opened up and is being worked. Sidings have been put m and the rock­ crushers intended for use at Erayinia were trans­ ferred to Naretha, and on the date of my inspec­ tion (lOth May, 1916), were being erected forthe

purpose of crushing the limestone rock into bal­ last,

Samples of the limestone rock I caused to be sent to the Victorian Railways Commissioners, and the same two officers tested it in order to

ascert,ain its suitability for ballast: Their tests were thorough in every way, and they report:-"The stone is of about the same hardness as li t hographic stone. . In our opinion

the limestone is suitable for railway ballast, being hard, durable, and not likely to disin­ tegrate under climatic or working conditions. and it should give mo st satisfactory results."

L E x h.ibit " 119 . "] Tltis opinion is supported by a large and im­

portant body of evidence given before me by men oF very great experience in matters of this


G har·,qe Groundless. I find that there has ·not been a blunder of any kind in connexion with the work at Erayinia

R ocks, nor in co nnexion with the branch line. I find that there had not been neglect in connexion with the crushers, either as to · care or manage­ ment. It was never intended nor suggested that

they should be scrapped. They were never at

· any time rusting away. The conduct of the offi-cers of £fH.l Department in connexion with the Erayinia Rocks, the bra: n ch line thereto, the care of the rock crushers, the opening up and use of the gravel from the gr avel ballast pits has been



all that could. be desired, and they certainly have acted in the best interests of t he D epartment.

The conduct of Mr. Gilchrist, on the other hand, in laying this charge is most reprehensible, and it is without the slightest justification or founda­ tion.


(a) There is not a particle of stone ballast on the western end;

(b) but a couple of miles every here and there has been covered with gravel ballast.

Officer charged.--'-N. G. Bell, Engineer-in-Chief.

Charge. Finding.

(a) There is not a particle (a) and (b) . Both branches of this charge are absolutely of stone ballast on the western false and without foundation. end; (b) but a couple of miles every here and there has been ·covered with gravel ballast.


Between f3 and 3 Miles of R oc k Ballast on No . '1 Section. In July, 1915, there were 4¥tween 2 and 3

miles of rock ballast on the western end of the -

line. There are about 120 culverts on the No. 1 section, and the line had been r ock ballasted for some distance at each end of each culvert. A total of at least 3 ,500 yards of rock ballast had been

put out on that portion of t he line on or before

the 19t h Aug st, 1915, the da.te on which Mr.

Gilchrist made these cliarges. Another calcula­ tion is that if all the· rock b allast which h ad been carried and ,placed at t hese culverts was added to the broken limestone procured f r om the earthwork as t he line proceeded, about 7,000 yards of broken

rock b allast had been pu t out, on the west ern end before July, 1915.

Six ty-one of Gm'vel, i.e., 1-'1 Miles

ancl 20 M-iles. By the 19th August, 1915, at least 61 miles out of the fir st 100 miles had been gravel ballasted-41 mile.s in a co ntinuous length had been gra_vel ballast ed to a depth of 4 inch es and 20 mJ!es

in one continuous length to a depth of 6 inches. Mr. Deane's original estimate for the line did not ,provide for the full ballasting thereof_. Late in the year 1913 the question of was

re-considered, and on the 2nd March , 1914, Mr. Deane minuted the papers relating to the matter as fo1lows : __:_ " It is now decided to use ballast t hrough­

o-ut. Th·e ball ast may be gravel or broken

ston e 4 inches under the sleepers." On t h e 4th April , 1914, Mr. Deane left t he De­ partment, and was succeeded by Mr. Bell as


ProgTess of Ballasting. Within two months after his afllpointinent Mr. Bell proceeded to secure the n ecessary supplies of ballast for the line. He, for instance; caused

places suitable. for obtaining stone ballast to be located and obtained crushing machinery, power, and plant. In July, 1914, after he had been satisfied with the amount of suitable s£one available at Erayinia Rocks (78 mileo,), he· caused a siding to· be put in

from the main line towards Erayinia Rock s, in­ tending to er ect later on the necessary rock crush­ ing machinery at t hat place. He continued to

employ men in prospecting for dEl!posits of gravel of sufficient extent and qua.lity for ballasting. Later on Mr. Smith discovered at Zanthus (128 miles) a deposit of gravel suitable in quality and extent for the ballasting of the line. He very

thoroughly t ested t he extent and quality of this deposit and another on the south siae of the line at the same spot-both adjoining t he line . Mr. Bell very properly caused the ,wo-rk on the

Erayinia Rocks proposition to- be stopped. With the knowledge Mr. Bell had in July, 1915 , the

Erayinia Rocks undertaking was undoubtedly a wise and ,proper one. With the information

wh ich he obtained later on re gravel deposit at Jl'.: anthus, the stoppage of work in co nnexion with

the Erayinia Rocks undertaking was without doubt a wise and proper proceed ing; in fact, the on ly one. Sidings were put into the two gravel b allast pits on tlre north and south sides of the line at Zan ­

t hus, and the ball asting of the line from these

pits has proceeded as rapidly as possible with the power avai lable and under the circumstances.

H1 am t of Powe1· D elays Balla-sting.

In the final re"ult the progress of ballasting a line depends on t he hauling power available. At first there was t rouble and d elay in obtaining

locomotives. Th1e two first obtained were second­ hand ones, and were· delivered at Kalgoorlie in January, The third engine, also a second-hand one,. was deEvered three weeks, later.

Two new locomotives delivered in March

and June, 191 4, and two more in May, 1914. Five new engines of American manufacture arrived in July, 1914. The a hove• WN'e, the only engines on the works at the time of my visit in May, 1916. Contracts had been let for the supply of other engines, but, owing to the war and oth'er difficulties, they had not been In March, 1914, a contract had been let to the Toowoomba Foundry Com­ pany for five new engines for the western end.

These are now twehe, months overdue. Five new engines. of British manufacture ar­ rived at Kalgoorlie in May, 1916. These, owing to war conditions., were nine months overdue. Others, are' in order, but owing to the war are likely to be overdue.

Had all the above locomotive.s been delivered 'within the· contract time the ballasting would have been much further forward. At the time of my visit in May, 1916, the, ba.llasting of the line was

proceeding expeditiously from both pits.


Quarry at N aretha (295 miles)'. In addition to the pit at 41 miles, and the two at Zanthus (128 mile·s), a quarry has been opened up at N aretha (205 miles:). A considerable. body of stone was ready in May, 1916, for the crushers which were being erected at that time. These crushers are capable of turning out hundreds of yards of crushed limestone rock pe·r day. ' This limestone makes very fine ballasting material. All the sidings, coal stands, &c., . at Naretha are in readiness for work when the hauling of th:e broken rock commences. The quantity of thiSI very fine hard limestone at Naretha, which has been tested as to extent, is practically unlimited. The quarry

head at the time of my visit in May, 1916, had been opened to a depth of 12 or 14 feet, and, I

should s;ay for about 12 chains in length. (See not reproduced.l)

The next quarry along the line going east is at 405 miles, another at 605 miles near Tarcoola, and another at 982 miles. (See ballasting chart, E x hibit "68").

When the requisite hauling power iSI available the ballasting of the line cam be very rapidly com­ pleted, owing to the preliminary work being so well in ha.nd.

There is not any jus.t.ification for this charge . .


(a) The Superintendent of Construction (Mr. Edwards) reported that he had to put sleepers under several of the culverts in No.2 section (100 miles to 200 miles) in order to make them safe for traffic to pass over. (b) He added that on account of the exceptionally bad class of concrete used he was able to pull the concrete to pieces with his hand. .

· (c) I am unable to definitely state how many were in this bad conditiqn, but as a Concrete Inspector has been employed for some considerable time such should not be the case if proper in construction had been

Officers charged.-J. Darbyshire, Supervising Engineer ; N. G. Bell, Engineer-in-Chief.

Charge. Finding.

(a) The Superintendent of (a) The Superintendent of Construction did not report Construction (Mr. Edwards) as set out in this charge. reported that he had put

sleepers under several of the culverts in No. 2· section (100 miles to 200 miles) in order to make them safe for traffic to pass over.

(b) He added that on (b) He did not add that on account of the exceptionally account of the exceptionally bad class of concrete he was able to pull the concrete to bad class of concrete used he pieces with his hand. was able to pull the concrete to pieces with his hand.

(c) I am unable to definitely (c) Mr. Gilchrist was in a position to say how many state how in this Mr. Edwards had reported were in an unsatisfactory or bad 'as a Con- bad condition. Proper and reasonable supervision in

crete Inspector has been em- construction had been exercised. ployed for some considerable time such should not be the case if proper supervision in

construction had been exer-cised.



Defects in these Two Culverts Detected By ilfr. Darbyshire and jJ{r. EdU'ards. On the 29th April, 1915, the Supervising Engi­ (Mr. Darbyshire) had inspected the culverts

m the No. 2 section and found that the concrete in the culvert at 140 miles 02 chains was not in a satisfactory condition. He then instructed Mr. the Superintendent of Construction, to

mspect all the culverts which had been put in by Ganger Ahea.rn, i.e., the ganger who had put in the culve.rt at 140 miles 02 chains, and report

thereon to him.

Mr. Edwards' of Construction)

Report 1·e these Mr. Edwards, having inspeeted the culverts as directed, sent in a report on the 27th May, 1915, as follows:-

" Culverts.

" At 137 miles 33 chainf:ll and 138 miles

31 chains.-These are all right. " At 140 miles 02 ch:ains.-This is very

had on top, the, underside is hollow and has broken away. Concrete has been put in too dry, and has not been rammed into position. Concrete is also of bad quality; round hole, can be easily removed by hand. Have issued inE.truetions for fe.t.tlers to put a bearer of

slee·pers in centre of opening to carry weight. "At 143 miles 25 chains.-Concrete pipe under Goddard's Creek bank-O.K. '' At 159 miles 32 chains.-This is very

bad (and same remarks refer to this culvert as 140 miles 02 chains). Fettlers have also been ins.tructed to put a bearer of sleElfpers in centre of culve.rt to carry weight.

At 160 milef? 37 chains.-Slightly honey­ comhed-concre.te seems to have been put in · too dry. " At 162 miles 45 chains . .il....O.K., but back

of concrete in wings seems of poor quality. "At 162 mile· SI 62 chains.-O.K." -[Exhibit " 20 "J. This charge .is another example of how Mr. Gilchrist, in many of these eharges and on ·

hers of occasions, when giving evidence·, tWists and distorts the language of a report or minute.

1l1r. Edwards' Report-Effect of. Mr. Edwards, in· his report, never stated the culverts or any of them were "unsafe." He never used the '' exceptionally bad

elass of concrete." Mr. Edwards said that th:e slee,pe·rs had been placed underneath in order to " carry the weight" -not to make them '.' safe." A very important difference when on exammes the

facts. As it is clear that Mr. Gilchrist saw the

report he must have known ' how many Mr.

Edwards said were unsatisfactory, and how many were all right. Mr. Edwards never reported that he had put sleepers under " several " eulverts on No. 1 section. He mentioned only two. Both of the eulverts referred to by _Mr. Edwards had been construcj;ed by a gang of men under Ganger


Ahe.arn. Over him was Mr. Wright-the Super­ of Concrete W 9rk-a most capab1e and

expenenced man. Ganger Ahern had been given ample cement, stone, water and all other neces­ sary material. All his other concrete work had been carried out in a satisfactory manner. On -the length 100 to 200 miles there are sixty cement

two are the only two out of

the Sixty m whiCh any unsatisfactory has been detected or a1pparently exists. '

Cause of D ej ects-Small Quantity of Concrete Put in lVhen Too Dry. vVhen Ganger Ahearn was putting in the two culverts, under which Mr. Edwards caused the sleepers to be placed, Mr. Wright, the Concrete

Inspect.or, was temporarily absent at Karonie, whw? IS at the 75 miles, inspecting or superin- . tendmg concrete work at· the Cardonia Weir. I personally inspected these culverts:, and the

only de£,ect I could find was that on the under

surface of the roof of each culvert about four or shovels full of concrete had been put in when

In too dry a condition. In a very dry climate

such as tha.t in which these culverts are. such an occurrence is likely to happen unless is the

closes.t and most stringent ::.upervision in coi:mexion not. ?uly w.ith .th.e mixing of the concrete, but also m placmg 1t m position. In the spots in the under surface of the roof of such culverts above referred to, the cement could he broken away

where it under the reinforcement over a space of three mches by four inches in the culvert at

140 miles, and in the culvert at 152 miles for a

of three inches by nine inches. The crack

m each case was underne,ath the reinforcement, i.e., old 60-lb. rails.

Strength of Culverts. The sleepe·rs which had been placed under the roof of each culve-rt were, put in that position not for safe.ty's sake. [See photograph-(not repro­

The culverts, as they, stand, are capable of

carrying, with safety, 1,000 tons. These two cul­ verts are five feet each and are r·einforced on top with old 60-lb. stee·l rails. Thes.e steel rails are across the top of each culvert, and are placed so close that the centres are twelve inches apart.

L oee plan, Exhibit " 60."] With regard to the supervision, I think that the Concrete Inspector (Mr. Wright) and the Superintendent of Constr;uction (Mr. Edwards) were both most capable officers, and carried out their duties carefully, efficiently, and well. Both of them were called as witnesses before me. Mr. Wright in P.erth and Mr. Edwards at Kalgoorlie,

and I was very favorably impressed by both. At the time Mr. Wright gave evidence he was not in the oorvicf of the Department, having

started to practise on his own account. ·

The charge, in my opinion, ought neve.r to h ave been made. The defect, which was a very small matter, as already set out, had been discovered by Mr. Darbyshire long before these charges were

eve-r thought of, and a thorough inspection there­ after made under Mr. Darbyshire's instructions.

CHARGE No. 10.

(a) Twelve 3-ft. 6'-in. open-top waterways,were. put in 5 10 chair:s, were commonly known as the " Twelve 4-postles. It was ,decided to bndge of four 20-ft. spans which was originally ordered for Goddard s Creek to this mileage. (b) The "Twelve Apostles" were blown up and abutments. and piers for new

bridge built.


(c) When everything was in readiness to place the rolled -steel-joists (H -girders) in position it was discovered that one of the abutments was 5 inches short. (d) The result was that it was blown up and commenced again.

(e) The second attempt had not been completed when I left.

(j) At Goddard's Creek, 145 n1iles, there is a 60-chain bank about 20 feet high.

(g) And in place of the four 20-ft. span bridge a 4-ft. Monier pipe was put in through this bank. ,

(h) In this large bank the pipe could scarcely be seen. On 30th June last this creek was running 1 chain wide and 2ft. 6 in. deep at the railway line. ·

(j) The 4-ft. pipe was not nearly large enough to take the inflow of water, which was travelling at a speed of 6 miles an hour. " (k) The bank was scoured · out around the pipe and seriously damaged. (l) I typed a report for Senior Assistant Engineer Hawley concerning the seriousness of the matter. He recon1mended that the position be considered urgently,

but I understand Mr. Darbyshire thinks this 4-ft. pipe will answer requirements. (m) The fact that this bridgeat Goddard's Creek was to be the largest on the western end has an important significance, and shows grave want · of knowledge.

Officers charged.-:-N. G. Bell, Engineer-in-Chief ; J. Darbyshire, Supervising Engineer ; T. B. Hicks, FieJd Assistant. .


Charge. Finding.

(a) Twelve 3-ft. 6-in. open- (a) Twelve 3-ft. 6-in. open-top waterways were put in top waterways were put in as stated, and after it had been decided not to use at at 5 miles 10 chains, and were Goddard's Creek a com1nonly known as the ordered for that crossing, it having been decided to put

" Twelve Apostles." It was in a 4-ft. Monier pipe through the bank there instead decided to divert a bridge of of a bridge. The bridge of four 20-ft. spans was then four 20-ft. spans which was placed at a spot 27 feet west of the place where the originally ordered for God- " Twelve Apostles," i.e., the twelve 3-ft. 6-in. open-top dard's Creek to this mileage. waterways had been. At the point 27 feet .west of the

"Twelve Apostles" there had been a serious washaway and it was found necessary to place there a bridge of such dimensions.

(b) The " Twelve Apostles " (b) The tops were blown off -the " Twelve Apostles " were blown up and abutments (twelve 3-ft. 6-in_ . operi-top waterways) for the following and piers for new bridge built. reasons :-(1) They were not in the proper place to take the

flow of water. (2) They were insufficient to carry away the volume . of water quickly enough. (3) They were unsuitable for the place in which they

were put.

Abutments and piers for the new bridge were built.

(c) When everything was in (c) It was discovered that one of the abutments was readiness to place the rolled- in.ches out of position. This was caused by the. steel joists (H-girders) in posi- at the side of the excavation for the abutment falhng In tion it was discovered that and displacing the location pegs. These pegs were re­

one of the abutments was 5 placed. The Ganger-in-:-Charge did not that one of inches short. the laying out pegs had been by such accident moved

4t inches out of 'its proper and correct position, with the result that the span between the two abutments was 4! inches greater than

1 71



(d) The result was that it (d) It is absolutely untrue that this abutment was was. blown up and commenced blown up and commenced again. It stands to-day in the again. place where and just as it was constructed.

(e) The second attempt had (e) Not any second attempt to construct it was ever not been completed when I made. left.

. (f) At Goddard's Creek, 145 miles, there is a 60-chain bank about 20 feet high.

(j) It is not true that at Goddard's Creek there is a 60 chain bank about 20 feet high. The Goddard's Creek bank, which is situated at 143 miles, is 54 chains long--­ at the highest point it is 15-21 feet, and at the creek

itself the highest point is 12. 66 feet. (See Exhibit 8.)

(g) And in place of the four (g) It is true that instead of a bridge of four 20-ft. 20-ft. span bridge a 4-ft. spans a 4-ft . Monier pipe was placed in and through the Monier pipe was put in bank.

through this bank.

(h) In this large bank the (h) The' pipe can easily be seen. On the 30th June, pipe could scarcely be seen. 1915, as the . result of exceptionally heavy rains in the On 30th June last this creek locality of Goddard's Creek the water in that creek flowed was running 1 chain wide and in the vicinity of the pipe. Up to that date it had never 2ft. 6 in. deep at the railway been known to have had flowing water in it. The water line. at that time was from 30 feet to 1 chain wide and over

1 foot deep in the centre.

(j) The 4-ft. pipe was not (j) It is untrue that the 4-ft. pipe was not nearly large nearly large enough to take enough to take the inflow of water. At the entrance end the inflow of -water, which of the pipe the·water was only 1ft. 9 in. deep in the pipe. was travelling at a speed of 6 The rate of the flow of water was taken with a piece of

miles an hour. 1 stick about 3 inches long and it was calculated that its

speed as it passed through the pipe-not in the creek­ was about 6 miles per hour. In · the creek it was

calculated to be flowing about 4 miles per hour. This was a rough calculation and not very reliable.

(k) The bank was scoured (k) It is quite' untrue that the bank was scoured out out around the pipe and around the pipe and seriously damaged . . seriously damaged.

(l) I typed a report for (l) Mr. Gilchrist did type a report for the Senior

Senior Assistant Engineer Assistant Engineer (Mr. Hawley), dated the 9th July, Hawley concerning the seri- 1915, as follows :-ousness of the matter. He "On 1st inst., on my last visit to railhead , &c ., I advised at

recommended that the posi- Zanthus per 'phone that Goddard's was runmng str?ng. I t . b 'd d - tl arrived a t cree k at 1.40 p.m. It was runnmg on surface 4 nnles per

lOll e COllSl ere urgen y, hour above the old deviation, varied from 30 feet t o 1 chain in width, htl:t I Mr. parb:y- and a ve raged over 1 foot of depth in _At the 4-ft. culv_ert

shire thinks th1s 4-ft. plpe .wlll under the railway bank the water was 2 feet 1m. m depth, and passmg answer requirements. through culvert about 6 miles per hour by wat ch and measure- ment. The water was perfectly clear, and as salt as brme. the bank a dam had formed to condensing plant about 2 chams m

width and li chains long, with depth of approximately 3 fee t in channel. Further down, the stream resumed the character it had above the deviation. On reaching Goddard's Creek Statio n I 'phoned particulars to Senior

Clerk for wire to Head Office if you were away. From information received from Surveyor Ewing and other so urces , it would appear that t his water had travelled 100 miles from the chain of salt lakes in t he north. These lakes are stated t o have

fill ed up by t he summer and recent rains, and heavy storms in _ t he past fortnight ha ve occasioned t he overflow. The Ponton River, which joins Godda rd's Creek, probably added to the discharge.


Charge. Finding ·

On Sunday, 4th inst., I was again -at Goddard's Creek, on my return trip, at 12 .50 p.m., i.e., just three days after passing up, the water was t hen 1 ,ft. 9 in. in pipe, showing a drop of 4 inches in 72 hours. It was travelling through the pipe at 3 miles per hour- half the former speed.

As it is quite possible the flow on this occasion may be very con· siderably exceeded in the future, I would submit the culvert should be increased by the addition of at least another 4-ft. pipe, and the bank of old deviation removed for one chain of width and channel cleared." (Exhibit Y.)"

It is correct that Mr. Darbyshire thinks t hat the 4-ft. pipe will answer requirements.

(m) The fact that this (m) The bridge at Goddard's Creek was to be the

bridge at Goddard's Creek was largest on the western end, but that has not any im­ to be the largest on the portant significance, and not any want of knowledge has western end has an important been shown in connexion with the substitution of the significance, and shows grave 4 ft. Monier pipe for the 80-ft. bridge. want of knowledge. ·

THE TRUE FACTS CONCERNING THE MATTERS REFERRED TO IN CHARGE 10, THE "12 APOSTLES." Originally, the railway bank at the spot known as the 5 miles 10 chains was about one foot high. Mr. Hoble.r, who was' at the time Deputy En­ at the westen1 end of the Kal­

goorlie to Port. Augusta line, requested Mr. Smith to locate the waterways on the :first portion of the :firs.t section of the line. Mr. Smith recom­ mended that twelve 3-ft. 6-in. open-top water­ ways should be put in at about 5 miles 10 chains. Mr. Chinn at the time was the engineer on that

portion of the line. He raised the bank at the 5

miles 10 chains and thereabout from 1 foot to

about 3 feet high-which wM a correct and pro­ per action-but still retained the twelve 3-ft. 6-in. openings, and located them at the spot 5

miles 10 chains, at which spot they were con­

·structed. They were constructed of concrete. These waterways had been designed by

Mi·. Deane for use in shallow banks where suit­ able, and in order to give more h e-adway and for reasons of economy. When Mr. Chinn raised the bank from 1 foot to 3 feet he should have substituted a different kind of bridge or opening, and the correct pro­ cedure was to have put in four 20-feet openings. Subsequently, about September or October, 1914, when a heavy fall of rain occurred, the t\velve

3-ft. 6-in. o,pen-top waterways were quite insuf­ ficient to carry away all the water, with the result that the railway bank was washed away at a spot 27 feet further west than the western end of the

twelve 3-ft. 6-in. open-top wat erways. The co-rrect p ooition for the twelve 3-ft. 6-in. open-top waterways was where the washaway took place, i .e., 27 feet further west than the site of

the "12 Apostles ." They should have· been

placed there originally. It had been decided to abolish all the open-top waterways for the reason that they had bee,n

considered unsafe in case of derailment. After the washaway occurred it was decided to put in a bridge of four spans at the· place where

the washaway took place, and this work was

acco-rdingly carried out. The twelve 3-ft. 6-m. open-top washaways had proved to be unsuitable,

of insufficient capacity, and not in the correct

position. The officers o.f the Departme·nt acted wisely in placing in this bank a bridge· of four

20-feet spans at the spot where it has been built.




[Photogmphs not repmduced.]

The tops of tlie " 12 Apostles," as the twelve 3-ft. 6-in. openings were called, were l:llown off, and th& remainder left. in the line and the bank built up around them. The "12 Apostles" had been iu use for eighteen months and were used while

L.e bridge of four 20-ieet spans was being built.

A btttments and Pie1'S of New Br-idge . The abutments and piers for the new bridge were built while the line was being used, i.e:, the traffic along the line went on as usual.

The positions of the abutments and piers for the n ew bridge were correctly and accurately laid out by .Mr. Hick s, a capable and efficient officer.

How ilf·istal"e of I nch es Occurred. Ganger Ahearn was placed in charge of the men who excavated the foundations for the piers and abutments, and while the work was being carried out part of the earth arou.nd the excavation fo r

t h e ea:;tern abutment fell in, dif!tpla cing the pegs which h ad been put in by Mr. Hicks. Gange·r

Ahearn replaced these pegs, and in doing so put them inches further east than their original

po sition . The abutment was built in line wit h t;,h ese pegs so replaced by Ganger Ahearn. The

result was that this span is inches longer

than originally designed, and 4! inches longer than originally pegged ou t by Mr. g icks.

.'I b Ltt ment N ever Blown Down.

This error of inch es was subsequently dis­

covered. There was not th slightest necessity !;,o blow the abutment down. No one even sug­

gested that it should be blown down . It never

has been blown down nor in any way interfered

137 3


with. No second attempt to r ebuild it was ever made or suggested. So f ar as was known at the

time, Ganger Ahearn was a competent and fit man to carry out such work.

Effect of ilhsta lc e of 41 I nches ·in Po;ition of


I examined all the places and constructions re­ ferred to in this charge and measured t hem my-self. 1 ·

The r esult, of the error above referred to, i.e., the span being inches longer than de·­

signed, 1s th·at, on the eastern abutment, the metal bearers extend 14 inches on to. the h ead of the

abutment, whereas they ove-rlap the western abut­ ment of that span by 181 inches. The we·b of each of theo e me.tal be·are·rs is 19 inches, and 1s composed of angle iron.

From centre to centre of each of these metal

bearers IS feet, and the sleepe-rs thereo n are 1 ft. 8 m. cen tres. The span Is ft . 4! in, . in­

stead of b emg 20 feet exactly. The hndge as it

stands, IS capable of carrymg safely a of

1,000 tons dead weight, and Its strength h as only been to extent of . 7 per cent. com ­

p a red Wi th Its strength had the abutment been placed in Its corr ect position . The cost of the

concrete work in tl1e 3-ft. 6-in. open-top

waterways was o.etween £100 and £150. They !1ad been m use for eighteen mont hs.

Depar tment Had honw01-!c for H1·idg e. on H and. 'l'he Department had the ironwork for the

bridge on Its hands, for in J< 'ebruary, 1915, It had been determined to substitute a 4-feet monier ptpe for the brid ge of four 20-feet span s at God­ dard' s Cr eek. .t'his bridge was built 'into its

present posrtion in June, 1 On the 8th Feb­

ruary, 191 5, .Mr. Darbyshire h ad wired to the J£ngme.e-r-in-Chief ( 1Vl r. Bell) that bridge of

four 20-feet spans was not r eqmred at Godctard"s Creek, and lus recommendation was adopted.

No A'ttempt 1J.1.ade by Mr . GilclH·is t to Find Out the './.'1''ue Facts . M r. Gilchrist never took any steps to find out if the abutment complained of had been blown down. Had h e been anxious to ascertain the t r ue

facts he easily h ave examined the position

for himself, or asked his superior officer about it. But, instead of doing so , hoe made this statement recklessly, not caring whether it was t rue or


Goddard's C1·eek . The railway crosses this so-called creek at miles from Parkeston. The bank in t h e railway over the depression is 54 chains long, 15 feet high at one place-, but wh ere it crosses the cr eek the

highest point is 12 feet. It is not 60 chains ·long and 20 foot high, as alleged by Mr. Gilchrist.

Through this bank has .been placed a 4-feet

rnonier p ipe.

Flow of Water 2n Goddard's Creelc on 1st J uly, 1915. For two or three days befor e the l st July, 1915 , ther e had been continuous and heavy rain in the locality. On the after noon of t he 1st July, 1915 , at t he place where the bank crosses the cr eek, the water was from 30 to 66 feet wide and over 1 foot deep in t!J e centre, '1nd n ear the mouth of the

pipe was about. 2 ft. 1 i n . deep. It was running

through the pipe, as tested by a piece of wood

about three in 'Ches long, at about six miles per F .l2510.-C

hour. This was very primitive and unsatis­

f actory : Th e highest point r eached by the water lll the mtake end of the p ipe was 1 ft. 9 in .

N OR'l'HERN OR I N TAKE E ND OF pIPE. [Exhibit " 121." ]

[Fhoto.r;raph n ot reproduced.] The rail acr oss t he mou th of' the pipe shows

the h ighest water-mark in the pipe. No other

water-mark of any kind e xists. in the pipe, which was most carefully exammed by Mr . Gilchrist and myself for a ny f urther t r ace of water -m ar ks. This one is very plain and distinct.


[Photog!·aph not rep1· ocvuced.] On t h e so uthern or outlet side th.e high es t

water-ma.rk was 2 ft. 1 in. This rise in t he water ­ mark was appar ently caused by so me accumula­ tion of san d at that end . The wat er -mark in the pipe was p lainly visible a t the time of my visit.

I went through the pipe four different times and saw t h at ther e was not any possibility of mistak­ mg the water line on the sides of the pipe. Mr.

Gi1chr:st accompanied m e. The creek, on the

30th J une, 1915, was not on e chain

wide and 2 ft. 6 in. d.eep at the line. nor

was it travelling in the creek at the of six

per hour .

No Damage Whatever to Bank. The statement tJ1at the bank was scoured out ar ou nd the· pipe and seriously damaged is abso­ lutely without foundatiol!.

All Water P as sed Through Z-ft. Fi pe. About 100 feet f urther north up t he creek a

deviatwn bank had been through

which t11ere. was a 2-ft . concrete. pipe. All tne

water which came down the creek as the result of th ese two or three . days' heavy rain passed

through t his 2-f t. pip e m a green bank without any ditliculty and did not eveh scour out t.he bank in any way. This 2-ft. pipe had b een put in

this green bank early in D ecember , 1914, and was taken out again in tleptember, 19 15, for use else­ wher e .

OPENING THROU GH DEVIAT ION BANK, LooK I NG Sou'l"H. [l'hu t ogmph not 1·ep1·ocbuc a l .] The allegation that the 4-ft. pipe, which runs through the railway embankment ov er Goddard ' s Cr eek, waSI not large enough t o t ake the j nfiow cf water on the date ment.wned is absolu tely un­

ue. At the time of my inspection lVlr. Gu christ

was with me, an d saw that the water h ad never

r t) ach ed higher t han 1 ft. 9 in . at t h e intake end

d.H d 2 ft. l in. at the out let end of the pipe.

There was not t he slightest urgency about the . This is establiShed by the fact that , al ­ th ough Senior Assist ant Engineer H awley saw the piace and the water on th·e l st and 4th days of

J uly, 1915, he did not send in h 1s reportr-­

[Hx hi bit " Y " ]-concerning it until the 9th July , 19 15.

'lhis rep ort vas t yp ed by M r . Gilchrist, and

lte nm st, therefor e, h ave read the origin al re. port made b y M r. J:iawley , on th e 9th J uly, 1915 . ln

that report there is n ot any statement tha t the

creek was r unning one chain wide and 2 ft. 6 in. deep at the railway line, nor that the· pipe was no t near ly large enough to take the inflow of

wat er, nor that the bank was sco ured out around

the. pipe and serlousiy damaged. Mr. Hawley did not recommend that the· matter should be, con­ sidered and dealt with as an urgent one.

Previous Rains in 1915, and Effect Thereof. On the 8th February, 1915, there had been a rainfall of 3 inches in forty-eight hours in the

locality of Goddard's Greek. Again, on the 18th February, 1915, there had been a fall of 90

points in four hours. On neither occasion did the fall occasion any flpw of wate.r in the creek, nor was there any water lying about in the creek. The year 1915 expe·rienced the greatest rainfall fo::r many years in that locality.

Evidence before ilf r. DaTbyshA:J·e when he Recom­ mended a. 4-feet Monier Pipe. M:r. Darbyshire had witnessed the effects of these two falls. o.f rain in February, 1915, on

Goddard's Creek. So far as he could asce.rtain no one had ever seen flowing water in Goddard's Creek. He had made an examination' o·f the sand in Goddard'S! Creek and concluded that it was drift sand and notA water-borne, and that God­ dard's Creek waSI filling in with drift sand. He had also examined the sand and gravel taken

from the well in Goddard's Creek on the south side of the line·, and concluded that the original. bed of Goddard's. Creek was about 70 feet below the present bed level. He recommended that, in­ of a bridge of four 20-feet spans a 4-feet

monier pj1pe would be sufficie.nt to take all the wate.r flowing down that ,part of Goddard's

Creek. His recommendation waSI adopted by Mr. Bell. A 4-feet monier pipe was put in, and the

bridge of four 20-feet spans/ was put in at the

" 12 Apostles "-5 miles 10 chainS!.

Some Opposin,q Views a•s to th1 e Size of the Water­ way which sho,uld be Placed in the Ra·ilway Banlc which crosses Goddard's Cree k. There· are two views as · to the· extent of the

which should he provided in the rail­

way embankment at Goddard's Creek for the 1pur­ pose· of carrying away the wate.r which may come down Goddard's Creek from the north. One. view is that such waterway should be at least 50 feet wide-some say 80 feet.

The other vie·w is that the, 4-feet monie:r pipe affords am ple provision for all the water which will ever flow down the creek.

First V ieuJ. Those who support the first view take the posci.­ tion . that this waterway should have sufficient opening to carry away freely the, which

may come down the creek aa the :result of a

phenomenal rainfall during a year of abnormal rainfall.

Second View. Those who support the· second view maintain vhat all that is. necessary is: to 1provide a water­ way which is ample to permit the free flow of any water which may reasonably be expected to flow down the creek having taken all the known facts into consideration.

Those who contend that this railway embank­ ment should have .at leasE 50 feet-or 80 feet­ waterway, base that opinion on the assumption that Goddard's Creek is really a big drain which drains a very hrge tract oJ country to the north of the I:ne , and that the water from the Ponton R iver at 'times flows into Goddard's Creek. Some

e1so assume that there are some lakes up nea.:r the Mulgabhie Lakes, .about 100 miles away to the


north-west which overflow in times of heavy :ram­ fall into the Ponton River, and by it these over­ flow flood-waters are carried into Goddard's Creek.

Pour-Feet llf onier Pipe Sufficient. I have come to the. conclusion that the 4-feet monier pipe in the railway embankment, across Goddard'Si Creek, is sufficient to take all the water that will flow down Goddard's Creek, and I have arrived at that conclusion from a consideration o.f the whole of the, evidence placed before mer­ partly written, pa.:rtly verbal-and from my own inSjpection of the locality. ,

The following are the main classe-s of evidence submitted for my consideration concerning the question:-(1).-APPEARANCE AND DESCRIPTION OF


Goddard'S! Creek received its name from Mr. Goddard, the Weste_!:'n Australian surveyor, who waSI .at it in 1898. It is a shallow depression

varying from ! to 3 chains in widtn, .and from

nothing up to 15 feet in depth.



[Photographs not Teproduce.d.]

It has a sandy bed which is crossed at intervals by granite bars which, outcropping above the sur­ face of the bed, hold back a certain amount of

water. This water sinks into the· sand, and thus the soaks are formed. The creek has not any de­ fined bed. It could not be called a well-defined creek. [See Exhibit " 62. "]

In this depression there is a considerable growth of different kinds o·f timber and in many places the sand is- higher in the centre than at the ·sides. In places it presents the a,ppea:rance of a small stream of water having flowed very gently some· times on one side of the depression and sometimes on the other side. There are very considerable quantities of dead and other debris lying

about, and th:e peculiarity of this timber is that it is lying in all directions north, south, east and west-and not any of it lying as if any

time it had been ca.rried or turned by the flow of water. Some of this dead timber has appa­

rently been lying in itSI present position for thirty or forty years.

GoddaTd's Creek not the- Line between

11 wo Classes of Country. At one time and by some it was that Godda,rd's Creek fo-rmed the boundary line be-· tween two distinct classes of country, i.e., be­ tween the granite a.nd limestone country. But it does not form such boundary line. The change from the granite to the· limestone dces not take place until the 166!-mile peg haS! been reached, i .. e., about 23 miles furthe·r east than Goddard's Creek. I saw this myself. The change can easily be observed, owing to the change o.f flora, and the character of the soil. The granite is on the west of that ,point and the limestone on the eas.t. The flora changes, at such point from mallee and

spin ifex t o myall and salt and blue bush. From the point at wh ich the line crosses it the creek r uns for 14 miles a httle east of so·uth, u11en for 35 miles it runs practically at which'. point

{t loses l.tself, or it is lost, oil the edge of the

limestone, i.e., practically on the Nullabor Plain. Where all traces of the creek are lost is a slightly grassed depression having a little gravel on it.

This ' place is only 40 miles south of the line 110 miles frhm the coast, 2'70 miles from Eucla: and 105 to llO mile·s from Eyre. On the side of the line the creek con­

t,inues for some, m1ies having t.he same generai aPfpearance as. where the railway line crosses it. Salt Pools. At a spot about 50 miles. along its bed north

from the lin,e some salt pools exist, some of them being 4 or 5 feet deep and 100 yards long. Up

to the present time the source of this salt water has never been traced. By sinking In the bed of the creek the only water ·obtainable is salt. Some­ times this water is found at a depth of 18

inches, at other times at 2 feet. 'The stra.ta of

the surrounding country is salt. But where all trace of the creek iSI lost on the south of the lin.e not any water of any kind was found by sinking. Ben Ben.

This is the name' of a native well in the bed

of the creek about 12 mile·s south of the line. It

is only a pocket of fresh water, which is appa­

re-ntly held in a shallow basin of clay. Th1s is

the of all the fresh water soaks in the

creek. As described by Mr. Gibson, the Western Aus­ Geologis.t:-

"The fresh water soaks which are found at fa1rly frequent intervals along the creek are supphes of rain water held in the '

sand on t.nis clay bottom and are by no means permanent; in digging them out, if the c1ay bot tom is. opened up at all, the water rapidly becomes salt., as it also does if drawn upo:u too heavily."

(W .A. Geological Survey, Bulle-tin 37, by Chas. G. Gibson, B.E., Exhibit " 70," page 15.) (2).-THE OPINIONS OF GEOLOGISTS AS TO THE


Geologists now regard Goddard's Creek as the remams of an old river which drained into a

tert1ary sea. E r om the appearance of Goddard's Creek it is elea.r . that, many thouJ31ands of years ago a ve.ry large volume of wate·r must have

flowed down it. The width of the original river can be seen where t he railway line crpsses it. At the .same spot the original river or creek bed was from 64 to 70 feet be,low the level of its present bed. On the. south side ·of- the line about one

chain and a half away from the line a well has

been sunk. For the Hrst 60 feet a bed of saud

was paSJSed through, and a.t 64 feet "the. old water­ worn stones ·and :pebbles, and the wash on the original bed of the creek were found .. These I and exam ined for myself. In this well a

daily supply of some thousands of gallons of salt water has been struck. Goddard's Creek Originally a L arg·e River. Geologists believe thousands of years

ago the rainfa.ll over this, locahty must have been very great, and t h_ e flora of a . different

character and qua.nt1ty from that whiCh I S at pre­ sent found Their opinion is that many thousands of year s ago a watercourse' came down from the region· of the· Mulgabbie Lakes and

emptied it self into a tertiary . sea so me

about Twilight Cove, and m all probability

the river of which the depressiOn known as God-


dard' s Creek i8 the remains come· down from the region of the Mulgahbie Lakes and flowed into the sea at Twilight Cove. In support of that view

there, is the fact that at Twilight Cove there are the remains of an old pre-historic river-L see E xhibi t " 69 ;" map by J. J. East.] Ther:e is· the further fact that at Balladonia have been found

in a good state of preservation the hones of the huge marsupial-the Balladonia is

only about 95 miles south of the line. To sus­

tain these huge bea.sts the climatic conditions of the country mus.t have been very different from what they are to-day. In addition, the rainfall in this locality must have been very great. This

would afford an explanation of the cutting away oJ this. deep river, which at one time flowed

through this part of the· country with a width of from a half to three chains and u,p to 70 and 80 deep, and pe-rhaps in some places of greater

depth. From the point at which the line crosses it, the creek becomes less and less defined, until all traces. of it are lost, as above s:et out. But

throughout almost all its course it has the

characteristic that the present bed of the · de- ·

.pr·ession is composed of light sand. Some con­ sider this water-borne, others that it is driftsand. The weight of evidence is undoubtedly in sup­ port of the vie·w that it is drift sand, having

been blown in from the surrounding country and sandhills, and that this sand is gradually but

most assuredly filling up the depre-ssion. Now Filling Up With DTijt Sand. At, the plaoo where, the. creek and railway line meet, this drift sand has filled it up for a depth of 50 to 60 feet. I examined the cre-ek for a dis­

tance of about 3 miles north of t.he, line, and,

so far as. I could judge, the sand is undoubtedly drift, not water-borne. Presence of Sub-suTjace Salt Water. Anothe·r peculiarity about this -creek is that

salt wa.te·r can he found in it at varying depths up to 64 feet. In 1908 the Government of

Western Aust,ralia requested Mr. Charles G. Gib­ son, B.E., the Assistan t Geologist of Western Australia, to examine all the .country in the

proposed transcontinental railway. In the course of his 1,400 mile journey Mr. Gibs.on e·xamined Goddard's Creek for many miles. [See his re­ port, Exhrib i t "70," pp.15 and 17.] His-opinion

is that:-"Godda.rd's Creek was formerly similar in appearance to what the Ponton River now is farthe,r to the north-west, viz., a typical nar­

row salt lake, with the' usual salt gypseous clay bed, which has gradually become with drift sand and can be expos,ed anywhere by digging a few feet do.wn in the sand. . . .

A few small p a:t.che s 1:2£ gypseous clay and salt still are visible· alon g t he bed, but a few miles farther south-east these disappear, and the, bed is entirely covered with loose drift sa nd,

overgrown in places with mallee and titree.'' H e proceeds to point out-[page 12 , E x hi bit " 70 "]-t h at the. smne process is going on in the

"The Ponton R iver, as it is called on the department al maps, is a narrow salt

lake, or ch ain ·of lakes, drammg to the so-uth­ east; wh er e cr ossed-[see map . E x hibit " 70 "]- it was from. 3 t o 4 ch ams m

widt h , which is, apparently, about. its average size . The course of the&e lakes Is along a

wide, deep , well-defin ed valley , and they pro­ bably mark t he r emains . of :vhat v.:as on?e a. ver y fair-sized river flowm g m t ertiary t1me-s

c 2


int.p sea, which then ·covered tha t por­

tion of the country now occu pied by the

Eucla limest one tableland. . . . Lake

Cowan u n doubtedly at t hat time· · formed a la!g•e t id al estuary, as t.he discovery of ter-' t iary beach r em.ains a.n d sponge s.picule·s in the so -called deep lead at the Princess Royal,

Norseman, proves. The drifting sandhills of the· interior are gradually encroaching on t:&e old bed of the Ponton, and it is only a. mat­ t er of a compar atively few years until it is

completely oblite·r?-ted. At the prese·nt time· it is marked west and north o.f the point

whe·re crossed by a series of n arrow salt lakes, connected by a sandy wa.ter course, which could be seen t rending north-west erly for mg,ny miles, and which are probably continu­ ous with the Mulgabbie g,e.ries of lakes; south- . e::tst erly , it gradually lapses its, lake-like na­ ture a.nd becomes merely a san dy water­ cour s•e, which varies' from a half -to· three chains in width."


There are three very important quest ions i l'1 connexion with this matter:- · .

( ar) Does the Ponton Rive.r JOm Goddard's

· ( b) Do the lakes away to the north-west ever

overflo·w aft er heavy into the Ponton, and from there does· such ove.r flow water ever fi n d its way into Goddard's Creek .? (c) Does Goddard's Creek run due north to

Queen V ict oria Spring from the point where the line crosses it., or does it run to the - One fact is certain, and tha·t is, t.h at never has an y co ntour or o·t h er survey of t he ca.tchment area of God dard's Creek been made·.

Th e Ponton River is, as st :tted by Mr. Gibson, a chain of lakes. It was discovered by P onton

Brothers, and is about 35 t o 40 miles south-east from Queen Victoria, Spring. Queen Victoria Spring was discovered by Giles on the, 24th September, 1875. I t is about 40

miles due nor th of the line from where it crosses Goddar d's Cr.e·ek. It is not a rea l spring, but

rather a day pan depression , which catches and retains r ain water. Mr. Gibson apparently believes that Goddard's Creek and the P onton are one and the same :-

" I n this dir1ecbon it. [the P onton River J runs for about 100 miles before dying out

in the plains, and for the. lat t-er part of its

course is known and is shown on the· depart­ mental maps as Goddard's Creek." [Ex hibit "70," page 12 .]

port Mr. A nketell's recollection so far as the 1901 journey is concerned. On neither trip did Mr. An ket.ell see any trace of the Ponton River. Not Clearly Established that Ponton Joins God­

dard's Greek. There is not any clear and distinct 'evidence that Goddard's Creek and the Ponton are one and the same, nor that they ar e connected in any way. The evidence of Mr. Anket.ell would go to show that they are not connected.

If they are not connected, then, even if the

lakes in nort h in the region of the Mulgabbie

Lakes in of phenq:rpenal rainfall did over­

flow int o the Ponton, the overflow could not

affect of wate·r nor the flow in·· God-

dard's Creek. .

But even if fenton Rive•r and Goddard's

Creek are· 011e· and the sa:me, or if the Ponton River joins Goddard'·s Creek, ther e is not any evi­ dence of a.:ny kind whatever that the lakes to the north ever overflow, nor that if they did the over­ flow waters would flow into the Ponton.

There '· is, therefore, no foundation, so far as t he evidence has1 gone, for the assertion in Mr. Hawley's r ep ort of the 9th July, 1915, that the water in Goddard's Creek on the date men­

t ion ed in such report travelled 100 miles from t he salt ·lakes: in the nortli, nor that the heavy

rains caused them to overflow, n or that Ponton R joins Goddar d's Creek. S mall Area Drained f or 35 Miles N orth of Railway Line.

It is agreed by every one who has examined

Go ddard's Greek that tor 35 mile's of its course n orth of the railway line the ea.tchment area

drained by Goddard's Creek is for all practical p urposes not of any consequen ce. I caused a con­ tour survey of the· count ry on each side .of God­ dard's Creek to be mad.e for 6 miles north of the railway line. Such survey demonstrated that for .the first 6 mile-s n or t h of the line· the· catchment

area was n o.t more than 2 square miles at the

most. Apart from the faet, about which every one is agreed, t hat for 35 miles of its course nQrth of the line the · catchment a.rea, drained by God­ dard's Creek is not of any consequence, there is not any r eh a ble information nor data as to what is the real e.xtent of t he total catchment area. of Goddard's Creek.

Even if the .catchment are·a is a very extensive one, still the raihfall is so light, the soil so

porous and sandy, and the bed of Goddard's

Creek such a mass of drift sand, that I think that the volume of any water which found its way

into Goddard's Creek from such an area would be very sma.ll indeed , and having flowed into the creek it would never flow along the bed of that creek for any great distance, as it would gra­

dually sink into the· mass of sand of which the

bed is composed. (4).-THE FALL oF THE CouNTRY .

But an examination of his own map of his

t.ravels will show that h e had not any defin ite and accurate data on which to base such a statement. Ther e is clearly a conside.rable distance between his two point s of cro.S&ing Ponton River and

Go ddard's Cr,eek J and he did not. traver s-e· Go d­ dard 's Creek up. to the point where he crossed the Ponton. He cannot say with anything like accuracy that Ponton River and Goddard 's

Creek are one and t he same. On th0 other h an d, Mr. Anket ell, the vV estern Australian surveyor, who -traversed Goddard's Creek with Mr . Muir in 1901, and alone in 1908, says that in 1901 h e followed Goddard's Creek for 150 miles north . starting fro:rri the railway line to Queen Victoria Spring with Mr. Muir , and in 1908 h e · again travelled over the same route by himself. Mr. Mu_ j- does not sup-

At about t h e 101 miles on the railway line the highe·st point in the main dividing ridge is

attained. Cer tainly, no water comes into the

catchment area · of Goddard's Creek from the western side of that point. At the 101 miles is

fo und the highest point 011 the line. It is very

important to remember this fact whe·n dealing with the rainfall as recorde d at the surrounding stations. From 141 miles 34 chains t o 143 miles 25 chains the fall along the line to the lowest

point in Goddard's Creek is 111 feet, t hat is, the fa1l over nearly 2 miles , a nd represents an average f all of 1 in 100. B ut that d oes not mean that

all the water on that area flows into Goddard's

Ahotit half a mile on the western side

of Godda.rd's Creek, and 3 miles north of the line, the fall :is south-west a h d from the· creek. This

t examine .. d. In the country

to Goddard s Creek for the first 2 or 3 miles at

any t a te·, I1 orth of the line the fall is' from 'the

to the an d west. The iand is higher

liear the t:han it is, say, 1 mile away. This

_ msp.ected.. Mr. Marnie, an e·ngirieer

a-nd surveyor of experience in the

empl.oy of the department, a1so inspected the lo9ahty and made a contour survey the·reof. The fall of the country is undoubtedly south, sciuth­ and south-wes.t. Further north in the

vicinity of the Ponton, the fall is from 'the Pon­ toh, · in vicinity of which the· country attains

to the, of 1,400 or 1,500 feet, but falls back

the country surrounding Queen Vic;toria

Sprmg and•ich's Mound. Queen Victoria Spring is 836 feet above sea leveL and the· country rises from there until after the Ponton is P?-SSed, i.e. , 30 to 40 miles s.outh­

west of Queen Victoria Spring. ThiS< is clear

from the journals of David Lindsay, the explorer . and C. G. Gibson, the geologist. The drainage from that locality would ·ma:lnly fall towards the north.

Furthm; south the fall of the· country is' to thP· south, south-east, and south-·vest, and not to the east or west. In order .that the wa.ter from such couht.rv should find 1ts way into Goddard's Creek, the fall should be t .o the eaf't or west.

At that point of Goddard's Creek where the lines _crosses, the• fall is. to the, south, t he ridge·s and d,epre.ssions run i.n that direction. is a qepression at 139 miles 10 chains on the west.

and at '145 mi.1es a n d 14:6 milAs on the· east ot Goddard's Cre·ek, which is at 1431 miles. '

(5) . ....:.-.;GonnAim's C:REEK TO FLovv ONLY


David Lindsay, the explorer, in 1891 passed through the cdi.mtry surrounding' the upper re aches of Goddard's Creek, lmd found jt suffer­ ing fro:rh the effects df a prolonged drought.

Messrs. Muir and Anketell traversed Goddard's Creek in 1901. From their observation of its

condition, and the condition of the water in the soaks. etc., they conclude d that not any- water had :fl owed in Goddar d ' s Creek for at Ieas.t te· TI years the date of their visit.

In 1908 Mr. Anketell travelled over the same district, and concluded that t,here had n ot been any flowing water i 11 Go dd ard's Creek for at le·ast twenty y ears b e·fore that d ate. Enquiries were

rriade from the only white man who had been

fb·r any nunihet df yeats ih that locality-Wam -py Hoare. H e had never known Goddard's Creek b have flowing wate·r in it. .

The only occas.ion on which· water was known to flow in the creek was on the 1st day of July,

1915, and fix a: few days afterwards . On the

8th F ebruary , 1915, was a rainfall of 3

ineh et'' in hours, and on the 18t h

Fehru8.ry , 1915; a f all of 90 points in four h·ours. On neither occasion was there anv fl owing wat er in Goddard's Creek as a r esult of such r ain. On

another cccasion there· was a fall of 11 inches in t.wo hours. but this nnt put anv -fl owing wat er into Godd ard's Cn'\ek. I am sg,tjsfied fr.nni mv

down exB.m ina tion of the creek. and froni the evi­

of Mr. M ar nie. wh o exa.min ed the cr eek ::tn d

its bed for. at a.n"\T rat e . 6 miles n orth of t he line. that the fl o.w which wit nessed in Goddard's

Cre·ek 8.hout t he 1st. J u ly, 1915, was local , a n d had not cbme down from any consider ab-l e. tance.


The bed o.f the creek is a mass of sand c.rtlS.Sed l1eh} and t here by granite b ar s . It. would re­

quite an body of water to pour into the

dep ression be.fote there could be a flow for any long distance. The, water flows slowly until it

mee•t s a bar. It then banks up and soaks into

t he sand . In fact, while· the flow is proceeding

a cons"derable volum e of water i S! sinking into the sand . . The £ow of water is impeded· by these

grass, low unde.r gr owth, banks of sand, and

d ebrM such as fallen timber, leaves, &c. Any

large' v-olume of water which found itS< way into Goddard's. C r eek 50 or 100 miles north of the

line bef?·re it reached the,r ailway line: would have mto the bed of the creek. Some engineers

sa1d there was a. danger of cloud-bursts taking plaM in the locality, hut as has been pointed out by geologist s a cloud-burst in this: locality is a

very remote· 1possibility. It is not sufficie.ntly far north to suffer ve.ry m uch from such• visitations.


. The fall in the bed of a watercourse is a very

tmporta:tlt to consider when dealing with

the P·tovision fo·f and extent of waterways. By soiner ptirS•O·Iis it. was thought that the fall in tlie l:led of Godda rd's, Creek was 1 in 100. Th·ese pi3tsdn8 favored the, e·r ection bf an 80-feet hritlge m the at Goddard's Cte.ek. I caused

a contour survey of the bed of Goddard's Greek for 6 . miles north of the line to he made by Mr.

Marme. He also ran the levels for the same· dis­ His survey showed that .for the 6 mile·s

the. fall in the b ed of Goddard's Creek was 1 in

1,320, 1:.e" , about 4 feet in 1 mile'. The fall from 1 to 2 mileS! is 1 in 1,091. For the first 21 miles

north of the, line the f all is 1 in 1,200.

\Vater passing over a b ed of s.and 50 to 60 feet dee·p ha.ving su ch a slight f all, with · grass: uiider­ and saplin gs growing there9n and strewn

With' debris and fallen timb er would ce.rtainly not fl ow more thq,n 40 chains per hour, even if the

water was 2 feet deep and r chain wide.


The country surr oundlng the district in which Goddard's Creek is supposed to take ·its rise is. an extremely d ry one, and of a sandy nature. In

many places sandhills abound, which are shifted by the winds . It is ver y im p o·rtant to :r:emember what th e description of such district is. For it is evident that f alling on such co u ntry would

be rap idly s.oaked u p. In h ot and windy weather lar ge bodies of sand wou ld be shifted about, and a cecr•tain proportion of it would find a resting ola.ce in th'e bed of t he creek from which it cannot.

he· removed by the winds. David Lindsay, in

1891 , found tha t the co untry t o the south and

south-west of Quee n Victoria was very dry

and sandy, with num er dus sandhills ahd sand. (See Elder S cientifi c E xpedition Jou rncd, ,_n age. 105 et seq. ) .

Arthur Gregory M ason in his: -jo urney across t h 1s country in 1896 fo nnd it extremely dry and sandy wit h qu antities of d r ift san d to south ,

"o uth-east , cm d south-w es of Queen Vict oria

Suring. H e r ossed the P on ton at about the same

as D avid indsay , in 1891.

Tn 1901 a.nd 1908 .M essr s. Muir and Anket ell found the co JTi t ry up to Qu een Vict oria S,pring very dry, an d sandy, with large b odies of drift

sand. I n t he vicin it v of he K algoorlie to P or t

A ugust a r ailw R..y line, where it eros es Goddard's Creek , th e soil iR of a p or ous an d sandy nat u r e,

and would absorb large qu an t it ies of r ain water


before. any flow occurred on the surface. But, apparently, it does not retain th·e, moisture a.s trave.Ilers and e.xplorers passing through the coun­ try around Queen Victoria Spring and Streich's' Mound had the greatest difficulty in obtain­ ing water, except in a few rock holes and small native wells.


.All the explorers who have travelled along God-dard's Creek, such as Lindsay, Mason, Gibso-n, Muir, and Anke.tell, we·re unable to' find any bird life of any conseque·nce in the vicinity, that is,

birds which' live. on fresh water. Scarcely any animals were found in this region.


In dealing with this branch of the evidence it is important to· remember th'at the dividing range or range• of high land . crosses the· railway line. a.t the 101 miles ," and runsi practically nm£h and south. The three important rainfall s.tations on the Goddard's: Creek side of the range are "Balla­ donia, Kurnalpi, a.nd Eyre. At' Balladonia,

which is about 95 miles south• o.f the line, whe·re it crosses Goddard's Creek, the average rainfall for: the •past twentv-five years has been 9.60 pe•r annum. At Kurnalpi, which is about 95

miles north-north-west of t.he. line· where it crosses Goddard'S! Creek, th'e average rainfall for the past fourte.en ye•ars has be·en 9.39 inches: per annum. At Eyre, which is on the- co-ast and about 165 mileSJ ·south of the line where it crosses Goddard's Creek, the average rainfall for the past thirty­ one yearSJ has be·en 11.03 inch'es per annum.

T'hiese figures by themselveS/ might not be o.f much value, inasmuch as the rainfall at each of these places might have· all occurred within a few T have therefo-re secured the records for

greatest rainfall at Kurnalpi and Ba:llad?·nia

for any twentv-four hours. At Balladoma, smce. 1896, 'and at Kurnalpi, since. 1901, they are as foUows:-Ballaitonia.-

1896 March 30t.h ... 1898 June 14th 1900 A;pril 21st 1902 October 21st ... 1908 Mav 3rd 1909 October 20th 1912 March 23rd ...

Knrnal]Yi.-1901 F 'ebruary 9th 1902 January 31st 1902 Fe.brua.ry 11th 1903 May 12th 1904 Se·ptember 20th 1906 August 6th .. . 1907 March\. 4th .. . 1909 January 20th 1910 May 13th 1910 May 14th

248 points. 355 114 231 227 157 153

,, ,,

" ,, "

150 points. 350 200 250 105 156 258

140 118 153




These I have obta ined through the kind­

nesS! of the, Commonwealth \Vea.ther Bureau.

These figures: go to sh·ow that phenomenal rain­ falls in this locality are unknown. _ The greatest rainfall a.t in twenty-four hours was 346

points in the year 1901 ; at Bulong, 305 points in twenty-four hours.

The practice of the na.tive-s in running the

roots of the red mallee goes to show that the

rainfau in this dis.trict is ve•ry light. The roots of the red mallee• retain some of the fresh water­ i·.e., rain water. The natives d;ig these up,

break them in :Pieces of fro:;m 2 feet tq· 2 ft.

6 in. long, hang them over a ve·ssel, .and thm;

a.llow the- moisture to drain out of them. This practice is only resorted to where £he country is very dry and the rainfall light. The natives: in the locality of Goddard's Creek must have followed the· practice for many years. This is! estab-lis1 hed by the fact that along its

course huge· piles of these broken red mallee roots are frequently found. This is in the district

which is supposed to be the catchment area o-f Goddard's Creek. In· the, bed of Goddard's Creek the natives had a few wells, the most important of thesre was Be.n Ben, which . is about 12 mile-s south of the railway line. There are many small soaks in the bed o-f Goddard's Creek which' hold only a few gallons. of water. Into most of these the natives placed grasses and brushwood as a protection against. waste fro-m evaporation and consumption by wild animals. There are scarcely any natives in the whole, of this district. There not .any food nor fresh water for th·em.

(10).-THE SALT WATER IN THE BED OF GoDDARD's CREEK. At almost any point in the bed of Goddard's Creek north of the railway line, and also for some miles south of it, salt water may be obtaine-d by sinking. At about chains south of the line

a we.U has been sunk to a depth of 70 feet, which yields. 4,000 ga.Ilons. of salt water :pe:r· day. This is condensed and used for domestic purposes. The water which flowed along Goddard's Creek on the

1st July, 1915, was as salt as brine: In the vicinity of Goddard's Creek a. bore has been put down for 200 feet without obtaining any water.

It is clear that the water now in the bed of

Goddard's Creek does not soak in from the sur­ ro-unding country. Wh&'e then does it come from The surrounding country is of a saline

nature'. When the- rainfall water flows off and soaks into the sand in Goddard's Creek it is salty. This water sinks into the sand and flows. until it me,ets a bar. It then banks up and a large

volume of salt water is retained below the Siand. This is es t 01blis hed by the existence of large salt ponls in the creek about 20 miles north of the ·

line. The rain wate.r on the 1st July, 1915,

mixed with this. water ::md with the salt held in the sand, and also contained a certain percentage of salt when it :fl.owed into Goddard's Creek.


At Goddard's Creek during the seven months from June t o December inclusive, in the year

1915, the wettest year on re.cord, rainfall }Vas points. At Naretha (205 miles) 409 pomts

. during the same period.

During this journey I e•xamined the Siand.; the formation of the bed of the creek ; the timber

and undergrowth growing in the bed, and also the nature, quality, condition, and positio·n of the dea,d timber in the bed of the creek.

So far, therefore•, a.s can be, ascertai.ned, an extremely heavy rainfall in a, very short time does not occur in this locality.

So far as I could observe very little water flows into .the creek from the surrounding country for the :first 3 miles north of the r ailway line-.



The creek has, not any t r ue bed. In many cases t,he sand in the, centre is 2 feet higher than at

either side. I t presents t he ap pear ance of small local flows h aving passed along portion& of its bed. The sand forming the bed of t he creek is in my

opinion, drift and not water-borne sand. '

(2) That Mr. Darbyshire's recommendation to substitute a 4-ft. pipe for the bridge of four 20-ft. i',p ans was justified, and wa.s a .proper one to make.

It may be mentioned in passing that the bridge ,cos.t £ 1,252 7s. and the pipe cost £289 15s. Of

The condition and posit ions of the dead timber show that n ot any water of any con sequence has flowed down this depression for many years. Dead timber, heavy and light, big an d small, and

de bris of othe.r kinds are, lying about in all direc­ In no' place h as this t imber been piled

up or twist ed around by t he Jl.ow of water.


(1) From a careful examination and considera­ tion· of all the foregoing classes and descriptions of evidence, I am of opinion that the 4-ft. pipe

is sufficien t to carry off any flow of water which is likely t o occur in this part of Goddard's. Creek.

course, in a rna tte·r and work of this character and· magnitude, safety is the primary considera­ t ion. Cost jg a secondary m atter. Even Mr.

Anketell now admits that if the len·gth allotted t o t he fettlers at Goddard's Creek is shortened, h e t hinks the 4-ft. pipe is quite safe, although he would preter the 80-ft. bridge.

(3) That Goddard's Creek is the r emains of the bed of an old river which has filled up 60 to 70

feet, and is steadily filling up with drift sand

and de bn:s , and t h at the chances of any serious flow d own the bed of Goddard's Creek is very re­ mote indeed. ( 4) That any flow which did occur in it would

be, very slow and small, being impeded by the d ebris, sand, and gentle fall in the bed of the


CHARGE No. 11.

(a) On account of so much sly grog-selling and gambling taking place along the line, the Commissioner of Police at Perth was communicated with and sent two constables to head of road to be stationed there permanently. ·

(b) I visited the camp train on Easter Sunday and played "two-up" with these constables all the afternoon.

(c) A large school of this class is allowed t o be conducted at the main camp every Sunday, while these constables do nothing to suppress it, but, in fact, p'art'cipate in the gambling themselves ..

Officers charged.-Constable Pennefather; Constable Lowrey.

Charge. Finding.

(a) On ·account of so much (a) When the offi cers of the Department became aware sly grog-selling and gambling that " two-up " was being played by some of the men taking place along the line, the employed on construction work, a communication was Commissioner of Police at sent to the Commj ssioner of Police at Perth. He in Perth was communicated with conseq uence stationed two police constables at the head

and sent two constables to of theroad. The evidence given before me went to show head of road to be stationed that they were st ationed there to

there permanently. gambling amongst ·the workmen; If possible .. No evi-dence was given that sly had what­

ever in the smallest degree to do With their having been sent or stationed there. (b) I visited the camp train (b) Mr. Gilchrist on East er .sunday, 1915, at the on Easter Sunday and played camp train at the head of the hne, but I am satisfied that "two-up" with these con- he did not play " two-up" with the two constables stables all the afternoon. stationed there.

(c) A large school of this (c) It is not true t hat a large school of this i.e.,

class is allowed to be con- "two-up," is allowed t o be conduct ed at the camp ducted at the main camp every Sunday while these constables do nothi:r:g to sup­ every Sunday while these con- press it, in fact, part icipate in the gambling them-sta hies do nothing to suppress selves. ·

it, but, in fact, participate in the gambling themselves .


TVho w·e Char.qed. At the opening of the inquiry Mr. Gilchrist said that the two officers who were to blame for the state of affairs set out in this charge were

Messrs. Bell and D a rbyshire. T his he subse­

quently withdrew, and said t hat the office rs

above-mentioned could not do any m ore than had been done, i.e., communicate wit h the Police

De p artment re the matter. '

He then st ated that the two offi cers who wer e t o b lame, and whom h e ch a rged, were t he two

constables who were ste>.tioned at the head of the road, viz., Constables P ennefather and Lowrey . And when giving evidence at Kalgoorlie, Mr. Gil­ christ stated that h e did not connect the Com­ monwealth Railway D epar t ment nor the depart­ ment concer ned with the construction of the line with this in anv way.

S tm·ies of Sly Grog-sellir,g.

B efore May, 1915, stories of the selling of in­ tox;cating l iquor by st orekeepers the line to

employees of the Department engaged on work on t h e line, and consequent drunkenness of such em­ ployees were rife. The, officers of the Department invest igated such stories, but could not obtain any ded1nite information them.

Some time before the 17th :March 1915 , an

h appened in connexion with the works

whereby two men were killed. An inquest was h eid, and in consequence of certain evidence which h ad been given thereat a board of three officers, viz., John Darbyshire (Supervising Engineer) , G. H. K. Vardon (Traffic Superintendent) , and H.

A. Sheeh a n (District Mechanical Sup erintendent), investigated the question of Rly grog-selling and drunkenness. As a result of their investigation they recommended that the driver and firem an of the train which caused the accident should be dis­ missed, and stated that in their opinion E ngineer Carrington, Dr. Elliott, and Gilnger D avifls we,re · not fit men t o be re,tained in the service because

they were aware of the groP'-sellin

drunkenness, and had refused t.o give their superior officers any evidence of it. The Board also . re­ qnested they should l1 ave fuller p ower t o deal

with of drunkenness on the part ·of employees of the Department.

Depa 1• t.rn ent to CnT7'1f Tn tn .T-i c:.ou n g Liqnor, ·

even in Passen geTs ' L1tgg rt ,qe . From the commencement of i;he construction of the western sectibu of the K algoorlie to Port

Augusta line the Department has alwayR refused to carry intoxicatinl! liquor of any kind to any co h signee, that is , if they were awar e of the nature of the con signment.

D espite the effdrts of the Department, to sup­ press the use- of intoxicants by its employees. while the r ail-h ead was within 90 miles of K al!!oorlie liquor was, without the knowledge of the officers, car ted out by carters and others to the workmen and dth!irs on the line by vehicles from the wood lines.

The Department has maintained its policy and r eg ulation of r efusing to carry liquor to any co n­ signee along the line. About the middle of the

year 1915 it went further, and refused to allow any liquor of any kind to be carried on its trains -even in p assengers' luggage if it was awar e of it. It could not very well have made a more



As the r ail-head receded further and further from Kalgoorlie the only way in which could b e carried out to the employees on the lme was ·in passengers' luggage. No evidence what­ ever was given before me that after May, sly gr og-selling was indulged· in along the lihe. Th ere were allegations apparently that it was being sold, but no evidenc-e to support such allegations could be obtained. Any drunkenness which oc­

curred along the line after that was, in my

opinion, cau sed by the consumption of inlioxicatix;g liquor which had been taken up by passengers m their luggage, and not the r esult of sly ,grog­

selling. ,

Gambling I n dulged' in by Men.-" Two-up ." Before the constables had been stationed at the main camp, gambling, viz., "Two-up," was freely indulged in, more especi ally on the Sunday after pay d ay .

It was impossible for the officers of the Depart­ ment to suppress this. They were all known to

the men and could be watched, and h ad they

endeavoured to suppress it would not have suc­ ceedeti. The wisest course was to communicate with the Police Department. After the two constables h ad been sent up to the m ain camp, although they did not entirely suppress the I! ambling or playing of ." two-np" t.heir presence had the effect of controllmg and re­ rl ucing it. The men ulay amongst themselves.

There are not any outsiders, a.nd I t.hink it wonld be impossible for two constables 3-00 or 400 miles from K algoorlie, in a n uninhabited district, t,o prevent some of· the 200 to 400 men at the·m:ain c:tmp from phying " t.wo-up," or to stamp it out altogether . They are known to t h e men, and can b e watched.

Raster 81m day Episode. During Easter, 1915, Senior Assristant H awley, a t Mr. Gilchr!i!st's request , took htm

along .the line in order to permit him to see the nature and extent of the work which was being ()arried out, and which hRd to bfl dea.It with

in correspondence in his office by Mr. Gilchrist and himself . They went to the m ain earn.]:> at

the t'ailhead , where they remained over Easter Sunday.

At Easter time most of the men we-re away on h olidays. The two ci:mstableSl--Pennefather and Lowrey- were at the main camp. Mr. Gil­ christ h ad · bre.akfast and lunch W1t b these two officers, and, according to his own evidence, sug­ gested to the t wo of them that a, game of " two­ up" would help to pass the time. Mr. Gilchrist played "two-tip." One of th·e constables, I am satisfied , did n ot ; the other constable I am not satisfied about. I think that the real ;r,eason

for some of the m en playing the game of "two­ up " is in order to p ass the time away. They

a re far r emoved from civilization, and when not at work h ave n othing to occupy their time. Some of them indulge in playing "two-up " t o ;pass the time.

i am quite satisfied that Constable Lowrey did not play "two-up" with Mr. Gilchrist or in his presence. As regards Const able Pennefather, he was not pr esent to give evidence, h aving enlisted :tnd gone to F r ance before· the inquiry co mmenced .

I am not satisfied that he played "two-up "

with Mr. Gilchrist, although he was at

the time Mr. Gilchrist played.



Unsatis factor y L Vctture of Mr. Gilchrist's Evidchce. I find that Constable Lowrey has never par­ tic i,pated in it. This officer appeared to me to

be capa.ble and. reliable. He swore t hat he h a d never played " two-up " in his life with anyone. I beLeved him.

. Mr. Gilchrist's evidence on this was de­

cidedly most unsatisfactory, and was contradicted in som e main features by Senipr Assistant Engi-neer Hawley. .

For reasons which appear in this I h ave

found it impossible to b elieve any made

by Mr. Gilchrist on oath unless and until it h as been s.upported and corroborated by reliable testi­ mony.

· Gambling, i.e., "two-up," is indulged in by some of the men on Sundays, but I think that the presence of the co nstables has checked it and also controlled it. '

. I find that a .large school of " two-up " players

1s not allowed to be conducted every Sunday while the con&tables do nothing to suppress it, but in fact, participate in it. '

There are not any rows or disturbances

amongst the m en who play. There was not the slightest suggestion th·at any sly grog-selling is carried on at the main camp.

CHARGE No. 12.

(a) About 50 concrete columns had to be made to support a roof ovet u 4,000,000-gallon reservoir at Cardonia.

(b) These columns are 18 to 25 feet long, and weigh approximately 2 tons e;tch.

(c) Most of them were made at P urkeston (Kalgoorlie), then loaded on trucks, and taken to Karonie Station. (d) H ere they were unloaded and carted 4 miles to the reservoir at the dam.

· (e) Owing to so much loading and unloading, with carting, &c., they get greatly damaged before reaching their destination.

(f) During last December when Captain Saunders was in charge, he paid the Water Supply Department £20 for the use of water in a dam situated behind the house used as officers' quarters.

(q) The sand, cement, and moulds for the columns were taken and placed on the berm of this old dam , ready to commence work, but during the night t he bottom of the dam gave way and the water was lost, before, I believe, a gallon was "Used or any work done.

Qfficer charged.-N. G.'lBell, Engineer-in-Chief.


(a) About 50 concrete

columns. had to be made to support a roof over a.

4,000,000-gallon reservoir at Cardonia.


(a) This not correct. The facts are that 110 reinforced concrete columns were required for the purpose of supporting a roof over a 5,000,000-gallon t ank at Cardonia. They were not required in any way for t he

reservoir at that place. The reservoir at Cardonia is quite a distinct structure from the concrete tank.

(b) These columns are 18 to (b) These reinforced concrete columns are from 18 to 25 feet long and weigh ap- 25 feet long, but do not weigh 2 tons . . Proximately 2 tons each. (c) Most of them were made (c) It is untrue that most of them were made at

at Parkeston (Kalgoorlie), Parkeston (Kalgoorlie), then lo aded on trucks, and t aken then loaded on trucks and to Karonie Railway Station (69 miles). The facts are as taken to Karonie Station. follows :- The 110 columns represented a total of 2,266 lineal feet of reinforced concrete work. Out of

this total of 2,266 lineal feet 682t lineal feet were manu­ factured at Parkeston (Kalgoorlie) and to Karonie (69 miles) by trajn. The remaining 1,584 lineal feet of reinforced concrete work were manufactured at Cardonia, i.e., at the site of the tank. All these reinforced concrete

columns were manufactured for the purpose of supporting a roof over this tan'k.



CHARGE No. 12-continued.

Charge. Finding.

(d) Here they were un- (d) At Karonie the columns representing 682! lineal loaded and carted 4 miles to feet of reinforced concrete were unloaded at the railway the reservoir at the dam. station and carted 4 miles to the site of the tank.

(e) Owing to so much load- (e) It is absolutely untrue that were greatly

ing and unloading, with cart- damaged before, reaching their destination. They were ing, &c., they got greatly all in a fit state for use, and were used for the' purpose for damaged before reaching their which they were intended. destination.

(j) During last December, (j) It is untrue that during December, 1914, Captain when Captain Saunders was Saunders paid the Water Supply Department £20 for the in charge, he paid the Water use of the water in the dam situated behind the house Supply Department £20 for used as officers' quarters. It was Mr. Da;rbyshire who the use of water in a dam paid that Department for the water. The sum paid situated behind the house was £25. It was paid in January, 1915.

used as officers' quarters.

(g) The sand, cement, and (g) The sand, cement, and moulds which were to be moulds for the colun1ns used in manufacturing the columns were taken and placed taken and placed on the berm on the bank of this dam. But the statement that of this old dam, ready to com- " during the night the bottom of the dam gave way and mence work, but during the the water therein was lost before a gallon was useq or night the bottom of the dam any work dope " is quite untrue. I gave way and the water was lost before, I believe, a gallon

was used or any work d


Three TVor1cs at Cardonia Rocks.

It had been decided to construct at Cardonia Rocks three works, viz., a. rese·rvoir, a tank, and a settling pit. The capacity of the tank was

5,000,000 gallons, of the reservoir 3,000,000 gal­ lons, and of the settling pit 80,000 gallons. It

had been deoided to const·ruct a roof over the

tank, which was to be, supported by llO reinforced concrete columns of from 18 to 25 feet long.

[Photograph not reproduced.]

In orde.r to construct the cement lining for the tank and reinforced bank for the reservoir, it

was necessary to have a consaderable quantity df water at the site. Moreover, the manufacture and ripening of 'the . 110 concrete

columns would require many thousands. of gal­ lons. The manufacture of thes:e. 110 reinforced concrete columns was started about January, 1915. At that time there was only a limited

supply of water at Cardonia Rocks. What was there was re·quired for the concrete work in the tank and reservoir bank, and also for the manu­ facture of a number of concrete slabs and other work.

When the manufacture of the reinforced con­ crete columns was commenced in January, '1915,

there was at. the back of the officers' quarters at Parkeston a circular cement · tank, the property of the Western Australia. Goldfields Water Sup­ ply Department, and which wa!S under its con­ trol. It contained at the t.ime in question a con­ siderable quantity of water.

P11, of Use of TVater in Dam.

On the, 12th January, 1915, the Supervising Engineer (Mr. Darbys.hire) offered the Go1dfie1ds 'Water Supply Department £25 for the u8e for six months of the water in the dam for the ,pur­ pose of manufacturing and ripening and reinfo.rced concrete columns. This

offer was, accepted. The 1 reason for making the reinforced concrete columns at Parkeston was that at the, time stated there• was very little water in the rocks at Cardonia or in the tank th·ere, and it would have been very unwise to have drawn.

upon wha.t there was there to a greater extent than could be helped. The season at the time

was very uncertain. It might have turned out very dry. Th·e Supervising Engineer acted very properly and with good in entering into

such a contract at such a time·. . After the. De­ partment's offer had been accepted a shed frame was erected on the bank of this concrete dam,

over which was drawn a tarpaulin. (See •photo­ graphs-[not r eproduced]-Exhi bi t "51.") These photographs show the framework of the shelter shed for the protection of the men a,t work. A

quantity of cement and other material neoossary


for the' manufacture of thes.e reinforced concrete' columns, moulds, &c., we,re placed on the bank of the dam, after which the manufacture' of the

moulds an-d oo1 umns was commenced.

Length of Time the Water in 'Dam Used. Work on these moulds and columns on the

ba.nk of the dam was commenced· on the 12th Janurury, 1915, and continued up to the 8th

May, 1915. The men worked for that period

on the bank of the dam, where, the shed and

the results of their labour could be plainly seen.

For some weeks. before the 8th May, 1915, the water in this cement dam had been leaking out through a crack in the cement and by

the 8th' May, 1915, all the water in this dam

had been either used in the manufacture and

ripening of concrete moulds: and reinforced con­ crete columns o:r had leaked out.

Subsequently, a fail of train occurred, the dam refilled to the top, and by the 4tn June, 1915,. there was sufficient water in the dam to enable the work of manufacturing and ripening concrete

moulds and re·inforced concrete co1umns to he re­ commenced on +,.he 4th June, 1915. It carried on without a break up tn thP ?Brd Oct ober. 1915 . when the work of making mouldR and

reinforced concrete columns. at this dam finally oeased.

At this dam. and with water taken from it.

682-* li.neal fRet of reinforced concret,e col 11mns Wf\lre m"nufactured rinPned. Subse,quently theoo columns were taken to Cardonia tank.

In addition to th'e above-mentioned 682J. lineal feet. of re,inforced concret,e columnS!. 104 open cement moulds als!o were m8nufact11red and riPened rluring- the periods ment.ioned above from water taken frnm. this dam.

[not reproduced]-Ex hibit "51.")

The extra cost of manufacturing- reinforrced con­ ot·ete columns: at Pa.rkeston and taking them to Cardonia. as. aP"ainst manuf::wturine- them a.t the site of the tank ::J,t 2d. ner lineal

foot. So that 682l lineal feet of reinforced con­ crete columns would cost on that calculati0n £5 13s. 9d. more owing to having been manufactured at Pa:rkeston.

But on the' other hand, had t.he water been paid for at Parkeston, and, toge·ther with sand,

cement, &c., carted to C'ardonia, the extra cost would have been much more than £5.

The £25 paid for the use of the, water in this

dam for really more than six months was well and wisely. s;pent. The water in this dam en­

abled the Department to expedite the manufac­ ture and ripening of the reinforced concrete

_columns and m oulds. Had the manufacture of these been delayed, then the· completion of the Cardonia t ank also must have been delayed,, which might have proved to be. a most occur­


Mr. Gilchrist must have seen the work of manu­ f acturing and ripening these cement moulds and . reinforce d co1umns proceeding on the

bank of the d am. He could not help seeing the

shed fr ame with the tarpaulin over it.

He. swore that he passed close by this dam

almost daily, and this shed could be· easily seen 200 or 300 yards a.way.

Moreover, a considerable number of moulds:, &c., were stacked on the bank of the dam, and must have been seen by Mr. Gilchrist. Mr.

Saunders had nothing to do with the

transact;on relating t o the 1purchase of the right to use the water in this dam.

At Kalgoorlie Mr. Gilchrist, in giving evi­ dence, stated that, the, evidence of Mr. Wright -the late Concrete Foreman on the weste,rn end of this line-h'ad proved that the portion of this

charge relating to t.b e damage to the reinforced concrete columns w bile being trained and . carted to Cardonia was untrue, and could not be sup­ ported; that. this charge was untrue as to the

date of the, payment of the £25 ; that it was un-• true as to the name of the officer who made the bargain; that it was untrue as to the amount

paid for the use of the water ; that he did not

know whethe,r there was sufficient water at Car­ donia when the manufacture and ripening of the concrete moulds and reinforced concrete columns was started to pe·r rn it, of th'eir manufacture being

carried out at CaTdoni2. The,re was not the

· slightest foundation for Mr. Gilchrist charging Mr. Bell with any of the transactions

to in this charge. Th e whole of the transaction was, carried through' by Mr. Darbysnire.

In giving- evidence :relating t o charge, Mr. Gilchrist, in my opinion, committed wilful and corrupt ;perjury.

CHARGE"'No. 13.

(a) At the recent accident at Devon Consols when a shunter was kilJed, the driver was inexperienced and did not possess a certificate.

(b) The. No. 6 up daily passenger train from frequently in charge. of

very young engine-drivers without certificates and who have not been exa1n1ned regarding their vision or hearing.

(c) This would not be tolerated on any State Railway.

(d) A driver was employed on the tracklayer for about two years who wore an artificial leg. (e) This driver stood his trial at Kalgoorlie last June charged -vvith manslaughter.


CHARGE No. 13-continued.

(j) He was the-driver of the train which collided with a truck at 199 miles siding, when two men were killed. He was found not guilty at the trial, and discharged. He was not taken back into the service again:

Officer char,qed.-Henderson, Chief Mechanical Engineet, Melbourne.

Charge. Finding.

(a) At the recent accident (a) No was giveh in support of this charge.

at Devon Consols cutting, when a shunter was killed, the driver was inexperienced and did not possess a certificate.

(b) The No. 6 up daily pas- · (b) and (c) This charge is absolutely without foundation. senger train is frequently in Such train is never permitted to go out in charge of a charge of very young engine- very young engine-driver, _ nor irl charge of a fuiver drivers without certificates out a certificate, nor i.n charge of a driver who has pot and who have not been yx- been examined regarding his vision and hearing. amined regarding their vision

or hearing.

(c) This would not be

tolerated on any State rail-way.

. ..

(d) A driver was employed' (d) , (e), and (j ). A driver :had bee?- e:6;rployed. 511 the on the tracklayer for about tracklayer who had an artificial foot. He was a most · two years who wore an arti- competent driver. He had always ·given · satisfaction. · · :ficialleg. He possessed· a certificate for eight · yea:rs, and, a,s· Mr,

(e) This . driver stood his .Gilchrist' knew, when he .made this 9harge;. his .artificial trial at Kalgoorlie last June foot had nothing whatever to do with the accident re­ with manslaughter. ferred to, and that it did not in _any wwy interfere with

. (f) He was the driver of the his impede him in any wp,y while in

the trial, and discharged. He discharged, and has since died. was not taken back into the . . serviCe agam.


l mportant to R e1nembn· Thn t This L1:ne is Con­ struction Work.

In dealing with the m atters referred to in this charge it is most important to remember that on e is dealing with construction work. Construction work on a line far removed from any big centre and which i& being carried out by a department which h ad not any staff of locomoti ve drivers or firemen to men from who could charge

of its locomo-tives. It ha d as best 1t co uld to

find men for positions, frame its own

1id lay down its own practices, and has luW to Gpecify what tests sh ou ld be passed by any :par­ ticular class of officer before or after appointment. Its position dbes not in any way resemble· that of an old-est ablished department with Iiiitnbers

of experienced men to select from, < and with

rt1 les and regulations and practices which h ave been made complete and per fect afte·r years of trial and experience. A State railway de,partment holds its oWn ex­ aminations and issues its certificates· of compet­ ency to• its men after examination by its own

offi cers.


Practice Followed at of Work.

At the incept ion of the work on the Kalgoorlie to Port Augusta railway the pr actice followed was to insist ·that an applicant for the p osition of lo comqtive engine,- d,rive,r had to possess a

doctor 'f!J certificate· sh owing that his evesight and h earing were satisfact ory. In h e was

also examined as t o his eyesight and· hearing in the open under working conditions, at first by the leading fitter of the Commonwealt h Railways at P arkeston in charge of the D ep artment there,

and later on by Mr. Sheehan, the District Me­ ch anical Superintendent, about November. 1914 .

On the 14th October, 1913, lVIr. Henry D eane, the then Engineer-in-Chief, issued instructions making t he Fitter-in-Charge r esponsible for the efficiency of any man a1ppoint ed to a position on

an engine. This i ncluded , as stated therein,

efficien cy in t h e care and m a nagement o:f the

engine and Westinghouse brake, knowledge of d riving, railway signalling, and tests for eyesight, and hearing.- [Exhibit "99."]

Before a man was permitted to drive a loco­

motive he had (whether he p ossessed a driver's certificate or not, and he possessed a

m edical certifica te as to his eyesight or not) to

satisfy Mr. Sheehan t hat his eyesight and hear­ ing were up t o t he proper standard, ' and t h at he was qualified to· drive a locomotive . A ll these examinat ions and t ests were made in the open

and under working conditions. This practice was continued up t o the 13th J uly, 1915, when cer ­ tain specified tests as to vision, colour sense, and hearing were adopted and into

Any person seeking employment which was co.n­ necte'd with the movem ent of trains or signalling was compelled to pass these t ests before he was engaged .

Mr. Vardon, who was former ly Traffic Super­ intenden t at Kalgoorlie, also t h e men

under working conditions in the open against his o\vn eyesight a1ld hearing. H is eyesight and h ear­ ing had b een examined and tested by a medical ol1icer, and Mr. Sheehan 's eyesight was equally as efficient as Mr . Vardon's.

Since the new tests---t o which not any objec­ tion h as been taken-have beerr introduced , not one of the employees who h ad been tested by the officers in the open under working conditions and

passed h a:; failed to pass the new test s.

ThoToughness of Original Pmctice. It was admitted by all the witnesses

called during the inquiry that on construction works such as this, if the Fitter -in-Charge or vile Dist rict Mech anical Engineer is a competent and reliable officer, and examines and passes an aPipli­

cant as to his hearing and eyesight an<;l his capa­ bility to drive and man age an engine, that such a test sh ould be. quite sufficient.

Pm.ctice in Other States. In connexion with this charge, I have h a d the benefit of evidence as to t he pr actices prevailing on constru ction works in W este.rn Am,tralia, Vic­ t oria and Queensla-nd. Mr. Chinn, on oath,

stated " if it is found that a man is a competent

driver I do not see any objection to his employ­ ment though he may n ot possess a certificate." In' Queensland, on railway construction works, any man whose ability drive and manage a

locomotive h as been certlfied to b y the Ch1ef

Mechanical is placed in charge of a

construction train.


Mr. Smith-a most e:Kjperienced and capable officer in t he service of the Victorian Railways Commissioners-says, '' F or construction work away from large cities the foreman or rolling

s·t ock test the drivers' sight and

heaTing. If h e can satisfy the Locomotive Fore­ ·m an that he can drive an engine and that his

eyesight and h ear ing aTe good, I would not ex­ pect more from him."

I find that the t ests which have been a pplied

from time to time as to an a pplicant's hearing,

vision, and ability t o drive and manage an engine were quite reasonable and sufficient.

The r e is not any evidence that the driver of

t he train at the recent accident at D evon Consols cutting was inexperienced and did not possess a ce,rtificate. I t was not even stated who h e was, and apparently t he whole of this part of this

charge was abandoned.

All DTiveTs l.1 entioned have C' eTtificates . There is not a shr ed of foundation for the charge that the N o. 6 up daily passenger train from

Parkeston is frequently ii1 charge of very young engine-drivers without certificates a nd who have not been examined r egarding their eyesight and hearing.

· When. giving evidence at Kalgoorlie, Mr. Gil­ chr ist swore that the drivers to whom he referred in h 1s charge were Morgan ( J nr.) , Griffin, and Irons.

},{organ, Jm·.-This d river w a.s 33 years of age in 1915. He passed h is final driver' s examination in connexion with t he Commonwealth r ailways on the 23r d J une, 1915. He h a d been examined

and tested as to his eyesight, hearing, a nd ability to d rive.

GTijfin.-He was 25 years of age in 1915. He p ossessed the ordina r y engine-driver 's certificate u n der the .l.1ines I nspectio•n Act 1901 (N.S.vV.), ·and obt ained his cert.i:ficate o£ competency to drive

locomotives on the 1st June, 1914.

lrons.-He was 27 years of age in 1915. He

held a certifica.te as a locomotive engine-driver from the Silverto!l Tramway Company, B r,oken H i l, which he obta.ined on 21st July, 1913.

was t wo years bef or e h e applied f or a position in the Commonwealth R ailways D ep artment. In ad­ dition to t he above certificate, he h ad had experi­ ence as a cleaner , fireman, and driver on t he Sil-• verton . Tramwa.y Company's r ailway and tram­

w,ay .

N ot anv man has b een allowed to drive or take charge of an en gine since Mr. Sheehan h as been in charge, i. e. , since about November, 1914, until he was satisfied as t o t he applicant' s eyesight,

h ea.ring, and a bility to drive and manage an


List of DriveTs and Dates of Ce1·ti(icat es , &c. I attach hereto a list of all the d r ivers and fire­ men working as drivers on t he western end of the .Kalgoorlie to Port line, showin g d ate

of birth , d ate ·of appomtment, what each h olds and when obtained , and their expen­ ence.




Morgan, W.

Date of Date-of Ap- Birth. pointment. Certificates held and Experience.

23.5.8220.10.13 No record of Driver's Certificate before joining Service

Woodhams, Hector 26.1.81 23.10.13 Locomotive and Traction Engme­ driver's Certificate, Inspection of Mackinery Act, Western Australia. Had previous experience as a Driver on Midland Railway Co., Western Australia .

McGarry, Jas. 16.8.6914.11.13Locomotive :wd Traction Engine-driver's Certificate, Inspection of Machinery Act 1904, Western Aus­ tralia

Foley, W. P. .. 27 .11. 84 7 .1.14 Locomotive Engine-driver's Certifi-Inspection of Machinery Act


Date of Certificate.

Passed final Driver's Ex­ amination in Common- · wealth Railways, 23rd June, 1915. Certificate not yet issued.

1st October, 1907

19th 1914

Fireman's Certificate, Western Aus- 19th December, 1906 tralian Government Railways

Spencer, W. . . 29.11.83 22.6.14 Driver's Certificate, Western Aus- 17th July, 1904 tralian Government Railways Locomotive Engine-driver's Certifi-cate, Inspection of Machinery Act

1904 Experience as Cleaner, Fireman, and Driver on Western Australian Government Railways

Wittorff, 0. 22.4.89 22.6.14 Locomotive and Traction Engine-. driver's Certificate, Inspectien of Machinery Act, Western Australia. Had previous experience as a

Construction Driver and Fireman

Smith, T. W. 23.3.76 13.7.14 Locomotive Engine-driver's Certifi-cate, Inspection of Machinery Act 1904, Western Australia Driver's Certificate, Western Aus­

tralian Government Railways Fireman's Certificate, Western Aus­ tralian Government Railways Certificate of service from New

South Wales Government Railways and Tramways, which states that he passed Locomotive Engine-driver's Examination

Davies, E. 1.7.89 17.8.14Locomotive engine-driver's · Certifi-cate, Inspection of Machinery Act 1904

Fullarton, A. . . 21.12.84 24.8.14No record of Driver's Certificate be-fore joining the Service. Experi­ ence as Cleaner and Fireman on Western Australian Government Railways

Griffin, H. F. 20.5. 90 5.10.14 Ordinary Engine-driver's Certificate (steam) under Mines Inspection Act 1901, New South Wales Locomotive Engine-driver's Certifi­

cate, Inspection of Machinery Act 1904, Western Australia Experience as Cleaner and Fireman on Silverton Tramway Company,

Broken Hill

Woodhams, Harold 19.10.8423.10.14No record of Driver's Certificate be­ fore joining Service

23rd 1914

27th August, 1902

19th April, 1901

JOth June, 1898

January, 1915

Passed final Driver's Ex­ amination, Common­ wealth Railways, 1st November, 1915. Cer­ tificate not yet issued. 1st June, 1914

5th May, 1915

Gave satisfactory papers Commonwealth Rail-. ways Driver's Examina­ tion, 23.6.15, but failed

vision test, :Joth Sep­ tember, 1915





Cornish, C.

McCarthy, P.

Jarry, A. E.

Wood, J. S.

Megaw, A. E.

McElhone, J.

Mays, E. P.

Lewis, W.

Irons, A.

Hardie, J as.

Allen, J. B.

Date of Date of Ap-Birth. pointment. Certificates held and Experience.

4. 9 .14 2 . 11 . -14 Mechanical Superintendent

states Coffey has had previous ex­ perience as a Shunting Driver. Worked as a Fireman and Cleaner on Silverton Tramway Co., Broken


Date of Certificate.

29.4. 91 3.11.14 Locomotive· Engine-driver's Certifi- 2nd July, 1913 cate, Inspection of Machinery Act 1904, Western Australia. Has had previous experience as a

Cleaner, Fireman, and Driver on Railway construction work

2 .11. 78 3.11.14 Locomotive and Traction Engine- 5th October, 1909 driver 's Certificate. Inspection of Machinery Act 1904 24.2.77 6.11.14-Locomotive Engine-driver's Certifi- 19th October, 1914

cate, Inspection of Machinery Act 1904, ·western Australia. Previous experience as Cleaner and Fireman

31.1. 74 11.1.15 Locomotive Engine-driver's Certifi- 4th April, 1911 cate, Inspection of Machinery Act, 1904, Western Australia. Loco-motive firing and driving, Perth,

J arrah Mills

20.7.85 12.1.15Locomotive Engine-driver's Certifi- 5th May, 1915 cate, Inspection of Machinery Act 1904, Western Australia Locomotive Engine-driver's certifi- 8th March, 1914

cate, Silverton Tramway Com-pany, Broken Hill

-.3.88 8.2.15 Locomotive and Traction Engine- 19th July, 1912 g. driver's Certificate, Inspection of

Machinery Act 1904, Western Aus-H tralia

.. 11.11.89 21'.2.15 Cleaner, Fireman, and Driver on Mid­ land Railway. Driver, Public Works Department, Western Aus­ tralia 14.8.78 12·.5.15Driver's Certificate, Western Aus- 22nd September, 1902

tralian Government Railways Locomotive and Traction Engine- 11th January, 1911 driver's Certificate, Inspection of Machinery Act 1904, Western Aus-

tralia. Experience as Cleaner, Fireman, and Drivet, Western Australian Go­ vernment Railways, and Driver,

Timber Corporation, Western Aus­ tralia

15.8.88 19.5.15 Certificate for Locomotive Engine- 21 st July, 1913 driver, Silverton Tramway Com-pany, Broken Hill. Experience as Cleaner, Fireman, and

Driver, Silverton Tramway Com­ pany

6.12. 77 26.6.15 Locomotive and Traction Engin e- 3rd October, 1906 driver's Certificate, I nspection of J VI achinwry A ct 1904, Western Aus-t ralia Fireman and Acting Driver, Western 2nd November, 1899

Australian Government Railway / Fireman , Midland Railway Compan y 20th March, 190 9 Engine-driver on mine and mills 27.3.78 12.7.15 Successfully passed Driver's Exami- J anuary, 190 9

nation in Glasgow and South-Western R ailways, Scotland. Ex-perience as Cleaner, F ireman , and Driver




Date of Date of Ap·

Birth. pointment. Certificates held and Date of Certificate.

Idle, W. 22.8. 69 26.7.15 Driver's Victorian Eail- 4th. November, 1889

ways Locomotive and Traction Engine- 5th April, 1906 driver's Certificate, Inspection of Machinery Act 1904: Milla+'s Karri and Jarrah:Company, 28t)l March,

Western Australia, as Locomotive-Engine-driver .

Five years Driver, Midl;md Junction 26th July, 1915 Australia

Experience as Fireman, Victorian . Railways and Midland Junction Railways

Driver with Artificial Foot. .As to sub-charge (d), (e), and (/), the driver referred to therein had an artificial foot. The

only outward indication of i:t was; that he walked with a slight limp. This unfort unate ma.n lost his foot about t.hirte·en years Subsequently

he passed the examination qualifying him for the position of engine-driver about 1908. After that he was examined by two doctors, and passed a.s being medically fit. Mr. Braydon-the Manager of the Board of Examiners for Engiiw-drivers

under the Western .Australian Government-was called as a witness before me. He had .examined the man referred to, passed him, and given him a certificate of competency as an engine-driver. He knew this. driver welL and stated that he was a ·capable engine-driver, and had always given entire satisfaction he had hE;en .e:rpploye·d. H e was first appointed by Mr. Swift__:_an offic eT of the Commonwealt h R ailways a.t PaTkeston­ as a fitter's la.b ourer • on the under:?t an{ling that he would be given a driver's position when the first engines arrived. There was no doubt that this man was a most capable driver, and that his

artificial foot did not in any way whatever inter­ fere with his efficiency as an engine-driver.

Mr. Sheehan-the District Mechanical . Super­ that he one of the best drivers

on that end of the· line.

.About. March, 1915 , this. man became intoxi­ cated while in of his engine, and while in

that condition the train on the engine attached to which he was driver collided with a truck at 199M siding, killing two men. He· was tried for manslaughteT, found :p.ot guilty, was discharged , and has not been taken back ·into the 'service·. He is now dead. All the facts surrounding the

accident were known to Mr. Gilchrist long before he· made thjs· charge. They had all, months

before this charge, been investigated before- the Goroner and in Court. Mr. Gilchnst knew tha.t the man's art ificiq.l foo t had nothing to

do with the accident.

It was ' simply the cas.e of a man who.' had r ecognised by every ope fl.S a most

driver having been ruined by intoxicating hquor. The suggestion in the last part of the cha.rge , that. the accident was due to the man's artificial foot, is absolutely without a shadow of foundation.

CHARGE No. 14.

(a) Trains consisting of 500 tons and over have never got ·more than two brake cylinders and sometimes only one. · (b) This is not nearly sufficient where there are grades, of 1 in 80. (c) Drivers compl&in bitterly and point out the seriousness of it.

(d) There are instructions where it distinctly states that there mustJbe at ]east one braked vehicle to every 100 tons. · · -

(e) This would represent every second bogie, but there are not nearly sufficient waggons equipped with brake power to insure the safety of the train or the men's Jives. Officer G. Bell, Engineer-in-Chief.


(a) Trains consisting of 500 tons and over have never got more than two brake cylinders and sometimes only one.

(b) This is not nearly suf­ ficient where there are grades· of 1 in 80.


(a) and (b) It is absolutely that trains con­

sisting of 500 tons and over have never got more than two brake cylinders and son1etimes only o:r;te.

. '



CHARGE 14-continued.


(c) Drivers complain bit­ terly and point out the sen­ ousness of it. (d) There are instructions

where it distinctly states that there must be at least one

braked vehicle to ·every 100 tons.


(c) It is untrue that drivers complain about it at all or point to the seriousness of it. Not any , seriousness exis-ts. (d) Not any such instructions exist.

, (e) This would represent (e) Every 100 tons of dead weight behind the tender every second bogie, but there would not represent every second bogie, but would mean are not nearly sufficient wag- every second bogie if all the waggons were bogie waggons gons equipped with brake and were all loaded. It is untrue that there were not

power to insure the safety of nearly sufficient waggons equipped with brake power to the train or the men's lives. insure the safety of the train or the men's lives.

THE TRUE FACTS CONCERRING THE MATTERS REFERRED TO IN CHARGE' 14. When giving evidence on oath at Kalgoorlie, Mr. Gilchrist admitted that the statement in this

charge-'' Trains consisting of 500 tons and over have never got more than two brake cylinders"­ was untrue, and could not be supported. That was after he had seen and examined the gua.rds' weigh-bills. These weigh-hills could have been

inspected by him before he left Ka.lgoorlie had he desired to do so. He has not had the slightesrt f oundation for making this part of this charge. The month o·f July, 1915, was t.aken by Mr. Gil­ christ and Mr. Poynton, representing the Depart­

ment, as a typical average month. This was the month in which Mr. Gilchris.t left Kalgoorlie, and the month before that in which he jJilade his


Evidence Afforded by Guards' Weigh-bills. An analysis of the guards' weigh-bills. for that month show how ma.ny trains of from 450 tons to 550 tons had brake cylinders, and the numbers thereof attached to each one, and how many trains

of under 450 tons had brake cylinders, and how many thereof attached to each one. During the month of Ju:ly, 1915, the total

number of trains run from and into Kalgoorlie Depot, i.e., Parkeston, was 160. Of these. 160, 72 were from 450 to 550 tons each, and of the

remaining 88 each was less than 450 tons. The 72 trains of 450 to 550 tons each had brake cylinders as follows:- .

1 train had 13 brake cylinders 3 trains , 7 · , ,,

7 " " 6 " "

13 " " 5 .,

24 " " 4 " "

20 " " 3 "

4 " " 2 " " The remaining 88 trains each under 450 tons were cylinder braked as follows :-1 train had 11 brake cylinders

1 " " 9 " "

3 trains , 8 , ,

7 " " 7 " "

7 " " 6 " "

13 " " 5 " "

15 , , 4 , n

12 " , 3 " "

15 " " 2 " "

14 " " 1 " "

-[Exhibit 23.]


This record shows how grossly untrue the first part of this charge is. On the weste,rn end of the Kalgoorlie to P ort Augusta railway there is only one grade of 1 in

80, that is, from the 100 to 98 miles. It is absolutely untrue that drivers complain bitterly about the shortage of brake power, and point out the seriousness of it.

Drivers do not Complain of lVarn,t o{Br'ake Power. As a fact, a number of drivers were called as

witnesses' be,fore me, and each and every one of them stated that he had never complained, and did not now complain, about the shortage of brake powe.r, and that there was not any seriousne,ss

about the ma,tter. A driver, who was not in the service of the De­ partment at, the time gave evidence, having

left it in order t.o commence in business on his own account, stated on oath that while he had been driving for two years on the western end

there was' ample brake power, and no·thing what­ ever to complain about. Since the 1st January, 1915, the records s,how that on onl:y: f!J'Ur occasions did drivers mention

anything about want of sufficient brake power. Their running sheets showed that they had not run their trains, to time, and when asked for an explana,tion they stated that they had to ease up

very gradually into the stations, and had not had sufficient brake power to enable them to run at top speed until close to the platform, and pull

up their trains quickly, and so they lost time.

This I consider a very good record.

lnstTuctions Te Brakes. On the 8th April, 1914, Mr. Hawley, who was then Acting Supervising Engineer, issued the fol­ lowing instructions :-

" In future every train must be made up on both down and up journeys, so that there will be at least one bogie with brakes to

every 100 tons (or less) of weight behind the tender."-[Exhibit 122 .] These instructions were super.9eded by others which were issued on the 26th May, 1914, by Mr. Poynton, Director of Supplies ana Transport, which are as follow :-

'' Westinghouse Brake P ipe. n Now that you are using trucks equipped

with Westinghouse brake pipfJ only, as well as those that are fully equipped with the

brake, arrangements must be made to utilize


the pipe as required, and to so marshal trains as far as practicable, so that at least one

fully equipped brake truck shall be ·used · to every three pipe trucks. 'J'his order does not apply to purely ballast tra.ins. "-[Exhibit 124.] Subsequent ly, viz., on the 30th June, 1915, a complete of instructions with regard .to the "w est.inghouse and h and brakes was issued­

[ E x hibit 22]

These instru ctions we re published in the,

1\ifor:t hly N otices. No. for use amongst the

officials on t·he Kalgoorhe t o Fort Augusta rail­ way line (see p age 101 of Monthly Notice No. 10) - { E x hi bit 22]. These. instructions. are full and complete, and rel.ate to both W estmghous.e and hand brakes.


At first the departmental officers were .uncertain as to which was t lle brake to adopt on the

rolling-stock on this railway-the West,inghouse, or Vacuum brake.. However, in December, 1912, it was decided to use the Westinghouse brake. An order was in consequence immediately placed for 146 sets o.f the necessary equipment.

In J une, 1913, when a further supply was re­ the Westinghouse Brake· Company had

raised its prices. The Department objected to this, and endeavoured to obtain from the West­ inghouse Company a guarante·e that it would not raise its prices for a reasonable num­ ber of years. This the company refused to give. These negotiations lasted some time, but, in

December, 1914, a. furthe,r supply was ordered from thH Westinghouse Brake Company. Owing to difficulties ·occasioned by the outbreak of war the did not commence to deliver until

July, 1915, and the whole order was completed by March, 1916. As. a fact, continuous brakes on waggon stock are not essential. There is nothing objectionable in running trains without continuous brakes on such grades as on this line.

Considering the length of time, the C'ommon­ wealt.h Railway Department has been in existence, it h as made more progress, in the matter of brak­ ing its vehicles than any State Railway Depart­ ment in a similar number of from the date

on which it commenced to attach the. Westinghouse brake to its rolling-stock. [See E xhibit 42. J

Victoriq-In Victoria the Railways Department commenced to a.ttach these brakes to its vehicles in 1888. · In 1900 the brake had been fitted to 67.8

pe·r cent. of its goods. s,tock. In 1905 the brake had been ntted to 80

iP€r cent. of its go,ods. stock. In 1910 the bralm had been fitted to 90.1

per cent. of its goods. s,tock. In 1915 the brake had been fitted to 96.2

. pt:r of its good s. stock.

South A -ztstralia.-The South Australian De­ partment commenced to attach the brake in 1896. In 1900 the brake had been fitted to 5.28

per cent. of .its rolling-stock. In 1905 the brake had been fitted to 5. 95

per cent. of its rolling-stock. In 1910 the brake, had been fitted to 6.22

per cent. of its ro11ing-stock. In 1915 the brake. had been fitted to 44.16 per cent. of it.s. rolling-stock. Queensland.-The Queensland Railway Depart­ ment first commenced to affix continuous brakes to its rolling-stock in 1899.

In 1900 the br ake had been fitted to 2. 7 per cent. of its rolling-stock. In 1905 the brake had been fitted to 13 per

cent. of its r,olling-stock. In 1910 the brake had been fitted to 37 per

cent. of its rolling-stock. In 1915 the brake had been fitted to 92 per

cent. of its rolling-stock. · New So1-tth IVales.__.!._The South Wales De­ partment .fir st started to affix eontinuous brakes to its rolling-stock in 1891.

In 1905 the brake had be,en fitted to 69.5

per cent. of its goods stock. In 1910 the brake had been fitted to 90.8

per cent. of its. goodSJ stock. In 1915 the, brake had been :fitted to 95.6

'pe,r · ce11t. of its goods stock. If/ estern A 'Ustralia.-As ·regards Western Aus­ tralia the first brake' vans with' vacuum brakes at­ ta.ched were im,pcnted in 1898. The first waggons with it affixed were imported in 1902. In 1904 the Western Australian Railway Department first started a.ffi xing the1 vacuum brake on to itSI rolling­ stock. 11he returns, however, from Western Aus­

tralia not complete. All the above figures have been kindly supplied by the Railway Departments of the various State's referred to, and I de·sire to acknowledge my in­ debtedness to them for same.

In addition to the W estinghouoo brake the

trucks on the1 Kalgoorlie to Port Augusta railway line are fitted with hand which could be used when required.

Comm onwealth.-Thus during the four ye·ars of the Dep artmen t 's existence up to the 30th June, 1915, it h ad affi xed the Westinghouse brake, to 25 per cent. of its vehicles.

If instructions relating t o the brakeSI, i.e., West­ ingh ouse· and hand brakes, are observed the traffic on this end of the' line can be controlled with

perfect .ease and safety.

CHARGE No. 15 .

. (a) Clerks are employed in the office and returned on the wages sheets as "labourers," so as to deceive the Head Office. (b) \Vhen a member of the Head Office staff visits Kalgoorlie

these m en are told to keep o11t of the way until the "coast is clear. " · Officers charged.-J. Supervising Engineer; H. A. Sheehan, District Th1 E1chanical Superintendent ; J. Button, Stores Branch ; G. H. K. Vardon, Tr:affic

Superintendent. of this charge is


13 1



for laymg this charge. It

1s nothmg but Wilful and corrupt perjury. On_ all _ construction works a practice prevails in certam circumstances of entering a man on the pay sheets as having performed a certain class of

work while at the time he is really acting in a

different capacity. This is ve•ry often ·done in order to train a man for a special -position, such as t.hat of t imekeeper, or it may be done in order to give h im a trial to

prove his capacity for the work which he is in fact p erformi ng. If he shows that he is qualified to

fill such position, or shows that he has the

capacity to perform the work in connexion with the new position, he is then subsequently pro­ moted to it. If he .does not show such capacity

he r emains in his old gr ade. Thus a man may be a l abourer, but may show that he is qualified to act as timekeep er, or ganger, or clerk. He is

given a trial so far as the work is concerned in

either of such p ositions, but during such trial he remains on tlle pay-sheet as a labourer. So that if he qualifies for his new position he is promoted, if he does not, he remains where he is .

Mr. Gilchrist must have k now t hat this practice prevails, not only on this line, but on other r ail­ way construction works. He, however, has twisted the position in order to make a groundless charge.

At Kalgoorlie he· stated on oath that the men who were r e,turned on the pay-sheets aR

"labourers," in order to deceive the Head Office, were Wilson, Lawle·r, Jago, Gordon, and Sweet­ nam. After having seen t he records at Kalgoorlie Mr.

Gilchrist stated that he wished to drop Lawler's name out. as he could not prove the charge ·so far as he was concerned. Taking the names of the men in twe order in

which they were given:-TVilson .-He was entered on the, pay-sheets as a. casual operating porter [E xhibit OJ. He was em­ ployed in Mr. Vardon's office at Kalgoorlie as a

shorthand writer and typist on t rial until such time as Mr. Vardon considered him eligible for .a permanent appointment. He was appointed in December, 1914. On the1 pay-she1 ets he was

entered as " operating porter.". This was done neither secretly nor wit hout the knowledge of the official head, but with the concurrence of the

Director of Supplies an d Tran'sport-the depart­ mental head of such branch. This is proved to

demonstration by a letter of the 18th December, 1914, from 1\'Ir. V ardon, the Traffic Superintendent at Kalgoorlie, to the Director of Supplies and Transport, Melbourne, which was as follows:-

" J ames Scott vVilson, temporary clerk. I enclose herewith paper in connexion with the appointment. of J. S. Wilson, shorthan writer and typist. Mr. Wilson has been engaged on

t rial on the terms that he will be paid 11 s.

per d ay to start, and that if he proves satis­ factory his r emuneration will be increased. His first d at e of duty was Tuesday, 15th D e­ cember, 1914. The authority for this ap­

pointme.nt is your S.T. 1386 of t he 2nd inst. I will r eturn him on the pay-sheets as casual · operating porter."-[Exhibit 24.] This letter was received in Melbour ne on the .29th December, 1914, an d reco rded in the stafi

book at the H ead Office, M elbourne, on the 4th January, 1915. Mr. Gilchrist admitted on oa'th, after reading that letter, that the H ead Office was not deceived ,liJ. .any way.

wa.s returned on the pay-sheet as a

labourer. In February, 1915, Jago was brought into the office at Parkeston as a temporary clerk. In April, 1915, Mr. Artlett, an officer from the head office who held the position of Supplies and Transport · Assistant, went to Kalgoorlie as the re­ presentative of the he-ad office-. He had authority

from the head of the branch to take whatever

action he considered necessary, either a.s regards traffic or stores matters. When Mr. Art1e£'t

reached Kalgoorlie Mr. Hutton introduced Mr. J ago t o him, stating at the same time tha.t he was really employed for part of his time in the office as a clerk, and for the balance of his time in the

stor es . Mr. Button at the same time asked Mr.

Artlett. if there was any objection to his con­

t inuing to employ Mr. J ago aa h e had been doing. H e· was told to go on as h e had in t he p ast.

On the 13th August, 1915, Mr . Lewis, the Dis­ trict Storekeeper at Kalg'oor lie, wrote to the

Director of Supplies and Transpor t., Melbourne, as follows:-" Mr. H. J ago, employed this section. '' In February last it was found necessary

by Mr. But.ton to get some· additional assist­ ance in the office , and a stor eman, Herbert J ago , was brought in t emporarily. '' It. has sinee• been f ound impossible to do without the services of. this man in the office, he b eing engaged in . preparing accounts ready for passing forward for payment. Rate of

pay, lls. 8d. per day.

" He has had very considerable e·xperience in this line, and is a very reliable officer. His ·· work, which I have closely followed since being here, is always very neatly and expedi­

tiously done, and I would recommend that he be ret ained in his present position, and classi­ fied as Acting Clerk at his present rate, of

pay. "Mr. Artlett will no doubt remember the officer referred to, as he mentioned him to me as one of the staff while 'in Melbourne.

"While at Port Augusta instructions were received by me that men on the wages staff were not to be employed in clerical capacity. I can find no trace of such instructions in

this office, and it is in view of this that the

question of employing Mr. J ago as acting

clerk has been submitted." That letter was received by the Director of

Supplies and Transport, Melbour ne, on the 19th August, 1915. Mr. Gilchrist, when giving evidence at Kal­ goorlie, admitted that the above letter did not show any desire or attempt to deceive the Head Office.

Gorclon .-He was returned on the pay-sheets from the 11th to 24th April, 19f5, as a fitter's

labourer in Mr. Sheeh an's department, by Mr. Sheehan [see E x h ibi t OJ. He was returned as a fi tter's labour T for a fo r tnight only on the pay­ sheets. On t he 26th April, 19 15, Mr. Sheehan,

the D istrict -M echanical Superint endent at P arkes­ ton, wrote t o the Chief Mechanical Engineer for the Co mmonwealth R ailways a.s fo llows:-'' In co nnexion with th attached R oneo

form in favour of L eonard L. Go rdon, I beg to inform you that, anticipating your a p­ proval, I h ave engaged this young man as a temporar y labourer, and in orde.r to give him

an opportunity to show his abibty as a clerk, h ave employed him on costing wo rk in my offi ce . So far he is giving satisfaction, and if he. should continue to make goo d I propose to

submit to you a report on his working, say


after three months' employment, to ask

you to consider- the question of appointing him on my clerical staff."-[Exhibit 26.] The above letter . was received by the Chief

Mechanical Engineer on t.he 4th May, 1915. He did make good, and was ultimately ap­

pointed to the position of clerk. Mr. Sheehan

returned him on the pay-sheets as a fitter's

labourer because he was employing him . on work which warranted paying him the highe·st rate of wage he could pay to a labourer. Be intended, subject to the a-p·proval of the Head Office, to ap­ point him to the clerical stal.

Mr. Gilchrist, on oath at Kalgoorlie, admitted that the above letter [E xhibi t 26] did not dis­

close any attempt to decei ve the Head Office. Sw•eetnam.-He was r eturned on the pay-sheett:> as a " labourer " in connexion with the stores.

He was returned as a. labourer on the pay-sheets from the 9th May to the 5th June, 1915, and

befor·e the latter date he apparently ceased to be in the service. No evidence was given nor was any sugge·stion made that he was not properly classified on the pay-sheets. Apparently he did not perform any work after the 27th May, 1915,

Mr. Gilchrist had access to all the pay-sheets, and the above were· the only men with refe·rence to . whom he gave any evidence or suggested he could give any evidence·. ,

He alleged that he had- heard Mr. Button­ the District Storekeeper a.t Parkeston-teU Mr. Jago when Mr. Poynton was about to arrive at Parkeston that he (Jago) was to go and count na.ils, so that Mr. Poynton could not see him.

This allegation was denied on oath by Mr. But­ ton, and I am certain that Mr. Gilchrist's allega­ tion was false to his knowledge. No such direc­ tion was ever given by Mr. Button. Ha9. Mr.

Gilchrist been desirous of obtaining information about the referred to in this charge he

could have examinea the documents at Kalgoor­ lie before he left. for Melbourne, or, failing that, he· could have otherwise obtained definite and correct information from Mr. Hawley, the Senior

Assistant Engineer, his immediate superior. He never consulted 1\!Ir. Hawley about the matter, nor did he attempt to obtain any information from the records.

The whole of this charge is ground­ le$s,

CHARGE No. 16.

(a) Owing to bad drainage arrangements, shunters were compelled to work knee­ deep in water at Devon Consols cutting while filling water tanks. (b) This has been going on for solne months, despite the fact that the Secretary of their Union wrote and complained.

Officers charged.- -J. Darbyshire, Supervising Engineer ; N. G. Bell, Engineer-in­ Chief. Finding.-The whole of this charge is absolutely untrue.


How· and Where 1;fl ater Supply Obtain ed. From the commencement of 1915 the locomotive branch at P arkeston obtained the water which it required p ar tly from a serviee pipe at the depot

and partly from three servi.ce pipes attached to a wa.ter main at D evon Consols cutting. This ting is situat ed just on the outskirts o.f Kalgoor­ lie, and a little over one mile from the depot.

The water came. from the Mount Charlotte reser­ voir at Kalgoor lie, and the three service• pi pes were off a five-inch main leading to Kanowna. Devon Gonsols Guttin.q-1 1! ethod of Filling Ta.nks.

The shunting engine employed at the depot propelled the required number of wa.ter waggons down into this cutting, which had a grade of 1 in 80 to a dead end the cutting was about

four feet dee p. The wateT waggons stopped opposite the three wheel valves. Attached to the three branch pipes were. three hose pipes. The wheel valves were lower than the tops of the water waggons, and the hose pipes had to be taken on to the· top s of the water waggons, placed in the openings, and the wheel valves opened, and the

water flow ed through the hose pipes into the water waggons. Whe.n the water filled the water wag­ gons it was turned o·ff. But on account of the

tops of the water wa.ggons,g five or seven feet higher than the wheel valves, the,re remained about twelve gallons in each hose pipe between each whe.e1 valve an d the top of the: water wag­ gon . So that when each hose pipe was withdrawn from the op ening in t.he top of the water waggon this twelve gallons of water fell into the cutting. When one set of tanks had been fill.ed the bralms

were lifted and the. wate.r waggons eased down, so that a fresh set of water waggons ,came into the proper position opposite to the hos·es and were then filled. This process was followed until a.ll the waggons had been filled.

The quantity of wate·r, therefore, which fell into the cutting depended on the number of waggons which had been filled. In addition to this waste water, some .of the tanks leaked somewhat, and this water fell into the cutting.

The top of the sleepers and railway line in the cutting were about 14 inches from the bed of the cutting, and between the sleepers and metal there was a space of about 18 inches to 20 inches. I

visited and inspected the whole of the locality and took measurements. '

At the very most.- 110,000 gallons were drawn from this source in any one day of 24 hours. Each water waggon would average 5,000 gallons. So tha,t, at most, 300 gallons would run into this

cutting from waste water in 24 hours. If the

leakage from the tanks amounted to the same, i .e., 300 ,gallons in; 24 hours, that would make a total of 600 gallons in 24 hours. It was not by

any means the practice to draw off 110,000 gallon S'· daily. All the 600 gallons would soak away into the soil in from six to eight hours. Water was

taken from this cutting only intermittently- not regula.rly. Sometimes it was drawn from the

service pipe at the depot. The Department com­ men ced to use the hose pipes in this cutting F eb ruary, 1915. In July, 191 5, a st andpipe was place d at:

4 chains 20 links from the dead end of the cut­ t in,g. This was higher than the tops of the water waggons, so that when the water was turned off there was not any loss of water at all.


13 3

Mr. Vardon and Mr. Hawle.y at once visited the place, and found water in the· end only of the cutting past the water pipes. On the 18th June., 1915, Mr. Vardon wrote to

the Supervising Engineer (Mr. Darbyshir- e). as

To cause the water to rise up to· the top of the· sleepers would take, 75,400 gallons. . A rainfall of 1 inch would put into the- cutting only 5,745

gallons, and of 2 inches 11,490 gallons; that is, 2.llowing f o·r 5 per cent: of the rainwater to run into the cutting, and 50 per cent. of what fell

into the cuttin,g to remain on the surface.-[See Exhibits 37 and 49].

· follows:- ·

Testimony of the Employee who Actu ally Com­ plained. l\ir. Cesar--now a gua.rd in the employ of the '

Commonwealth Railway Department, stationed at the westen1 end of the Kalgoorlie to• Port Augusta i·ailway--was. employed in connexion with the fill­ ing of these wa.ter-tank waggons a.t Devon Con­ Siols cutting, in 1\1ay and June, 1915. He knew

more about the state of the cutting during wet weather than any other pe·rson. He. had been em­ ploye:d there in ·connexion with the filEng of water-tank waggons on an average three times

pe·T week. It was he who brought the state of

the cutting before the members of his union.

He that on no occasion had the men to

work knee deep in water at this cutting. The

only trouble was that when shunting at night time, he could not pick his steps, and consequently slipped into the water in the depression at the side of the sleepers. This was corroborated by an­

other witness _ who had been, but was not at the time he gave evidence, in the service of the

Department. · He brought the matter before his union on the 15th June, 1915, and on that date the secre.tary of his union, i. e., the Railways

Employees' Association, Kalgoorlie. Branch, wrote to Mr. Vardon, the Traffic Superintendent, Com­ monwealth Railways, Kalgoorlie, as follo·ws. :.-" I have been instructed by the above as­

sociation (Comm.onwe·alth Employees' As8o­ ciation, Kalgoorlie to write you

drawing your a,ttention to · the dangerous pra.ctice of shunting the Devon Consols cut­ ting at night time, and ask you if this could not he abolished; failing this, to have some

better facilities. foT the man employed in fill­ ing tanks there. such as a convenient shelter erected, and also a light. At the present

time the. man working there has. to be there fo-r some hours, and, in most cases, when

dropping down tanks, after filling , he is over his boot tops in wate.r, which, in the dark­ ness. canno-t he, avoided, as it is, impossible for him to see whe-re he is going.

Trusting you will give this matter favor­ able ,consideration,"-[Exhibit Z.] The only complaint in this letter is that. the

water is '' over his boot tops,'' and that he cannot avoid going into it, bocause th.3re was not _ any light. T'hete· is1 not any evide·rtce that he. suffers at a.ll in the day time from the presence of water. The cause of so much water in the cutting at that

time was that there had been very heavy rains ; in fact., an exoeptiona.ll y he.a vy fall .

Facili ties for P·illing Tanks at D ev on Consols C1ttting. " 1 atta-ch copy of let.ter received from the Trafiio Employees' Association in re-ference to the a.bove·. On the morning of the 16th in­ sta nt, in company with the Senior Assis-tant

Engineer, I inspected the Devon C'onso·ls. cut­ ting, at the western end of which there was d-eep water extenaing back some considerable distance. Of late there has. always been mo-re

or less water a.t this point owing to the re­

lease of the hose pipes. Something must be done to remedy trouble, and I should be

ple-as,ed if you could go into the matter with m e at the earliest possible moment. "-[Ex­ hi bit 27.] Mr. Darbyshire minuted a direction on this lette.r to Mr: Hawley the 21st June, 1915, as

follows:-" Ge-t something done to this place at once. Cut a drain along line of main line t.owards Ka.lgoorlie. Appe-ars to me bes•t.'' Mr. Hawley minuted it to the Supervising En­ gineer a.s follows:-

"Work in hand." 22/6/15.

Gause of Complaint had bee n Speedily Remedied. So that six days after the complaint had been written the wo-rk to remedy any trouble-not the one Mr. Gilchrist states-had been commenced

and carried out in a fe.w days. The drain was

cut as Mr. Darbyshire suggested, and completely remedied the trouble. As Mr. Cesar-the offi.ce·r who had . complained about the at Kalgoorlie-, "it was

very quick work-about two days. There. was not any delay on the part of the Department.'' Mr. Cesar's was the only complaint that was ever made, and the let.ter of the 15th June, 1915, contains the only complaint that was ever made

to the officers. It is untrue that the shunters were ev·er com­ pelled t o work knee deep in water while filling the tanks1 .

It is unt rue that such trouble· cont.inued for months despite the fact that the secreta-ry of the union wrote and complained. In the last part of the charge, Mr. Gilchrist

swear s t hat t.he trou b!e is still existing, i .e ., w he·n the charge was m ade. No trouble of any kind

has existed so far as the Devon Conso-ls cutting is concerned since about the 25th June·, 1915 . The whole of this ch arge cannot be described as anything but per jury.

CHARGE No. 17.

(a) The daily consumption of water on the works a1nounts to approxin1ately 160,000 gallons. . .

(b) The carryjng capacity of water tanks IS only .approximately 170,000. (c) This undoubtedly impedes the of the hne. . .

(d) Gangs frequently knock off. owing to shortage of water, through InsuffiCient means to'"convey the water along the hne. . . .

Officers- 'charged.-N. G. Bell, Engineer-In-Chief; J. Darbyshire, Supervising Engine-er. _, - · Finding.-The whole of the allegations in thi charge are untrue.


The quantity of water which was taken from the depot in August, 1915, i.e., the mont h in which the charges were made, was 110,000 gallons.

The carrying capacity of the water tank wag­ gons then in use was 261,000 gallons, and the loeo­ mot.ive tenders had a •Carrying capacity of 46 ,700 gallons.

Water Tank lVaggons.-On the 19th August, 1915, the Commonwealth Railway Department had in use the following water tank waggons:-40 TA wa.ggons each holding 2,400 gallons=

96,000 gallons. 9 TB waggons each holding 4,800 gallons= 43,200 gallons. 6 TC wa.ggons each holding 7,000 gallons= 42,000 gallons.

10 TD waggons each holding 8,000 gallons= 80,000 gallons. Total, 261,200 gallons·. This that the statement in sub-charge, (b)

that the carryin,g capacity of water . t CJ,nk waggons wa.s 170,000 gallons is untrue. The following shows the carrying capacity of the tenders :-

4 each holding 3,650 gallons= 14,600 gallons 5 each holding 4,500 ,gallons= 22,500 gallons 3 each holding 3,200 gallons= 9,600 gallons

Total 46,700 gallons

So that the total carrying ca.pacity of water tank waggons and tenders was 307,900 gallons, not 170,000 gallons as alleged by Mr. Gilchrist. WATER TANK WAGGON TA-CAPACITY 2,400





[Pho tographs not 1·eproduced. ]

Daily Consumption of }Vat er. The daily consumption of water on the, W este.rn Section of the Kalgoorlie to P ort Augusta Rail­ way line in August, 1915, wa.s ,68,500 gallons. That was in addition to the quantity used for

locomotive. purposes. Water was despatched along the line daily. Between Parke·ston and a bore which had been put down at the 337 mile.s furthe·r east there was not any water supply of any kind.

The Department had construct ed tanks and put down bores, but up to the 337 miles there was not any assured supply of fresh wate.r. The country beyond Parkeston is very dry and devoid o.f any water courses or natural dams.

All the water required by the, men employed on the line, and the· families of the married men, had to be hauled out to them alon,g the line in the

water tank waggons. In July, 1915, were 1,030 men employed on the Western Section of this line. In addition to these there• were fifty attenda.nts at the hoard­ ing house& , &c., and fort y of the men were

married, living with their families. The con­ sumption of water by the men and others on the line was somewhere about seven gallons per head per day.


In July and August, 1915, there were about 600 men on the line out from Parkeston who de­ pended on ther water trains alon.g the line for their daily water supply.

Endeavour to Establish Sub-Depots of Material at 231 and 411 Miles. About that time Mr. Poynton, as head of the Transportation Branch, decided to establish sub­ depots along the line of material . necessa.ry for building ther line, such as rails, sleepers, fisli­, bolts, &e., in order to avoid the long haul­

agei when the material was arqtually required. There were large supplies of these different classes of material stacked at Parkeston, and he was ve·ry anxious to establish such sub-depots thereof at different. mileages, viz., one at 231 miles, and another at 411 miles.

Necessary to Use all Bngine Powe'r and Water Tank Waggons. In order to carry out this scheme of sub-depots every engine which could possibly be used was em­ ployed in hauling out these different classes of material to the sub-depots. At this time Mr.

Poynton was aware of the supply of water in the bore at 337 miles. He was therefore very anxious that the rail head should reach that mileage at as early a date as possible, for the reason that if a sufficient supply of suitable water could be ob­ from the bore at 337 miles, that would

obviate the necessity of obtaining a further sup­ ply of water waggons e.xcept such as nece-s­ sary to replace some w hieh were be.coming use· from wear and tear.

Importance of Rail H ead Reaching Bore at 337 Miles. The obtaining of a sufficient supply of suitable. wate,r at 337 miles would ease the pressure at the Parke.ston end. It would alter the whole ques­ tion of the supply of water tank waggons which would be require-d to maintain the traffic. So that any undue increase in the number of water tank waggons at that stage or date might have meant an absolute waste of money. Had he ob­ tained a lar;ge supply of wa.ter tank waggons, some of them would have been useless to the De­ partment the rail head had reached the bore at 337 miles.. Two of his officers-Messrs. Vardon and Sheehan-were of opinion that there we,re not sufficient water tank wa.ggons to meet the

estimated requirements. They recognised, how­ ever, that their calculations might be proved ulti­ mat-ely to be incorrect_. They proved to be so.

Poynton's Three jlfain Objects.

About May or June, 1915, Mr. Poynton urged his officers to p ress all available engines and wate.t tank wag,gons into the &o that he could

carry out suecessfully his scheme. His three

main objects at the time were:-(a) To est ablish su it able of rail­

way mate·rial at suitable points in order to obviate the delay of long haulage

when the material was urgently requir e·d and so save expense and time,: (b) To construct the r ail head up to the bore at 337 miles at as early a date as pos­

sible: ·

(c) To keep up the r eg ular running of the


Objects Accomplished. These objects were effected and the rail head r each ed t he bor e at 33 7 miles about 4-ugu f>t or September , 1915 . The water supply at such mile­ a,ge proved to be ample and suitable, and the

139. '


water therefrom is now being used by the em­ ployee.s engaged on t.he railway line both east and west ·Of that point. The efforts put forth, ·and the good judgment displayed. by Mr. Poynton

proved to me conc1usive•ly that 1w is a most

capable and conscientious officer whose first con­ side.ration is the welfare of the Department and the success of its undertakings, and certainly te.nd to disprov·e the assertion made over and over

again about the appalling waste of public money. At any rate, so far as water waggons are con­

cerned, Mr. foynton's efforts in this case, which proved successful, was to save the Department from being put to useless e·xpense. In order to use the locomotives to their fullest

extent it was necessary also to use the wate•r wag­ gens freely in order to keep up all supplies for

human consumption, and also for locomotive pur­ poses for which it was used along the line.

Efforts to Obtain New ·water Tank Waggons to R eplace Old Ones. An effort had been made some months e.arlier to obtain some new water tank waggons. so that

some old ones, which were out of repair, could be withdrawn from use and repaired. A .contract had be.en let to Messrs. Collins .and Company on 30th April, 1915, for the supply of thirty 4,000-gallon tank waggons. Delivery was to have been effected within two or three weeks of

the date of the·se charge.s. The company could not carry out its cont.ract, and desired to be re· leased therefrom. On the 11th August, 1915, the same work was relet to the Westralia Iron

Works Company of Western Australia. The policy followed by Mr.. Poynt10n wa:s, in my

opinion, the correct one, i.e., no· surplus water t .ank wa,ggons lying in the yard unused.

No Gang Delayed Owing to Shortag·e of 1Va.ter Tarnk W a.ggons.

The progress of the line was Rever at any time impeded owing to want or shortage of water ta.nk -waggons.

The only gang which was he!d up owing to the shortage of wa.te.r was the tracklayin,g gang. This gang , stopped work on , six different occasions during the• half year ending the 30th June, 1915,

for half a day time. Total stoppage, three days-[see E x hibit 12]. These six delays .of half a day each were not

due to the shortage of water tank wa,ggons. Often engine failures, such as, caused delay in the arrival of water. The evidence also showe.d that if the arrival of

the water waggons was delayed for an hour or two the men would not work for half a day.

They simply t.ook advantage· of any delay in the arrival of the water to cease work for half a day. Mr. Gilchrist, on oath, at Kalgoorlie, said that he could not give evidence of a single occasion on

which a maintenance gang ceased work owing to shortage of The only other evidence of men knocking off work owing to the late arrival of water was in connexion with the platelaying

gang, which, at most, lost one day and a half in six months owing to want of water. But that

was not shown to be due in any way to the short­ age of wate•r tank waggons. There was no justifi­ cation for this charge.

IVork of the Department 1·e Bores and Darns.

.the Department has been constructing

this hne 1t has also been constructing large· dams, tanks, and reservoirs, and putting down bores in to secure, if possible, an adequate• supply of

smtable water at convenient places along the line. All these between the depot and Parkeston up to th.e bore at 235 miles I inspected. At the 235

m1les a good supply of fresh water w s obtained in :just about the time• of my visit. In

opmwn, 1f the flow of fresh and good water in

th1s bore continues it will prove to be a most im­ portant asset to the Department a-nd most im­ portant and fortunate for the surrounding

country. This bore is situated in the Nullarbor Plain. The. soil and climate are appaJ"ently ve.ry good on this plain, and if the flow of wate·r from bore is considerable, as it promises to be, it

w1ll be of the ,greatest importance to the whole of the surrounding country and the Common­ wealth Railway Department.

Cement Lined Tanlc and liVeiT at Gm·donia Roclcs. At Cardonia Rocks some very fine work, viz., a cement-lined tank, has been .carried out as is

shown by the attached photographs. '



[Phtotogr(J)phs not reprod-ucea.]

The pillars or piers in the photograph are for the purpose of supporting the roof which it is pro­ posed to construct over this dam. The cement­ lined tank has a capacity of 5,000,000 gallons, the reservoir a capacity of 3,000,000 gallons and the settling pit, cemented, holds 80,000. Lead­ in,g to this tank there are ten miles of eement and othe·r drains. When these are all filled the neces­ sity for water tank wa.ggons will be gre.atly re­ duced.


[Photograph not 1·ep•roduced.]

List of Bores and Darns and Supplies Therefrom. Other important and large tanks have been con­ structed, and bores put down, along the course of the western end of the line, a list of I

attach hereto. This list shows each tank and

bore, its capacity of flow for 24 hours, whether the water therefrom is fresh or salt, and other

qseful information. For the de·velopment and settlement of the country adjoining the line all these works are of the utmost importance.

Mr. Gilchrist swore that he obtained his figures re this charge from Messrs. Vardon and Hawley, and that thev worked out the different sets of

figures in his presence. This Mr. Vardon denied, and it is clear from Mr. Hawley's evidence that it was not so.



[Photog7aphs no t rep1·oduced.]





No. Mileage. Nature of Supply. Quantity and Quality. lVIethod of Obtaining Supply.













12 13

14 15











205 220

220 235




279 281

310 319








Weir, 3,000,000 gallons Tank, 5,000,000 gallons Tank, 7,000,000 gal-lons, in progress Tank, 3,500,000 gallons

Well, 70 feet deep

Bore, 449 feet deep vVell , 180 feet deep ..

Bore, 234 feet deep Bore, 323 feet deep

Well, 212 feet deep, in progress Bore, 401 feet deep ..

Bore, 402 feet deep

Bore, 480 feet deep .. Bo re, 884 feet deep ..

Bore, 1,371 feet deep Bore, 416 feet d_ eep ..

No. 1 bore, 586 feet deep; No. 2 bore,

501 feet deep Bore, feet deep ..

Bore, 1,470 feet deep

Bore, 402 feet deep ..

No. 1 bore, 408 feet deep; No. 2 bore,

406 feet deep Bore, 400 feet deep

Bore, 402 feet deep

R ainwater. At present dry. Have used 1,500,000 gallons Rain water

Rain water. At present about 30,000 gallons. None used

Salt water ..

No water Good ; 3,500 gallons in 24 hours

96 gaJlons per hour .. 7,000 gallons, 24 hours. Drink­ able _Present above 1,000 gallons per

hour ·

7,000 gallons, 24 hours. Drink­ able 10,000 gallons, 24 hours. Drink­ able

4,000 gallons, 24 hours ; salt 4,000 gallons, 2 4 hours. Stock

4,000 gallons, 24 hours. Salt .. 20,000 gallons, 24 hours. Drink­ able

70,000 gallons, 24 hours. Drink­ able

20,000 gallons, 24 hours. Drink­ able 10,000 gallons, 24 hours. Drink­ able 10,000 gallons, 24 hours . Drink­

a ble 40,000 gallons, 24 hours. Drink­ able

10,000 gallons, 24 hours . Drink­ a ble Not test ed. Same quality as 420 miles


Pump to siding to be arranged

Pump to siding at ·zanthus.

Plant and tank in course of erection Condensed, 3,000 gallons, 24 hours. Pumped to tank at

siding 145 miles

Windmill and pump to tank at railway No use made of bore Pump and 4 h.p. engine, 1,500

gallons per hour

Not used

Not used. Approved sink well here and pumped to engine depot Not used H as been used for stock. 2 h.p.

and pump, 600 gallons per hour Not used Pumped- to tanks at railway. Pump and 4 h.p. engine, 1,500

gallons per ho.ur Pum peel to tanks at siding. Pump and 10 h.p. engine, 4,000 gal­ lons Not yet in use

Not yet in use

Not yet in use

Not yet in use

Not yet in use

Not yet in use

First date supply obtained from well 220 miles, beginning September, 1915. First date supply obtained from bore 235 miles, beginning July, 1915. First date supply obtained from bore 319 miles, lOth November, 1915. First date supply obtained from bores 337 miles , 13th J anuary, 191 5. New bores . First date supply obtained from old West ern Australian Government bores 6 miles south of 337 miles, 26th September, 1915.

CHARGE No. 18.

(a) Engine-drivers working on the tracklayer are forced to work so much overtime that their wages average £20 a fortnight. .

(b) I have seen Driver W. P. Foley receive £23 for a fortnight's work, more than double his pay for ordinary hours. (c) Cleaners on these engjnes receive as n1uch as £17 a pay. Officers charged.-N. G. Bell, Engineer-in-Chief ; -. Henderson, Chief Mechanical Engineer.

Finding.-Not any part of this charge is true.


Overtime on Tra.cklayer Cannot be Avoid·ed. The, locomotive . engine drivers . on the track­ layer have to put in a certain amount of over­

time. They must sta.rt before' the other men in the morning, as it is necessary for the· engine &c. to be in position and re,ady for the other commence work at the regular hour. And after

the othe,r men ce,ase work for the day they have work to do, such as shunting, &c. overtime must be worked by these engine

dr1vers. unless shift.s of drivers are put on.

There, 1s not suffiCient work for two shifts.

Average Pay of 1210 per Fort-

night. ·

Mr. Gilchrist had full and unrestricted access to the pa.y and time sheets of these engine drivers, and he selected driver Foley as the driver of the tracklayer who had earned such big pays. Driver

Foley was called as a witness at Kalgoorlie and swore that he had never on any occa.sion re•ceived £23 for a fortnight's pay, and that on no occa­ sion did he tell Mr. Gilchrist that he had earned

£23 during any fortnight. He also swore that his wages. averaged £10 per fortnight. Driver Foley went to the he·ad of the road in the begin­ ning of 1915. The larg·est sum he had ever earned there during any one fortnight was £21 lOs. 9d.­ never at any time £23. Between the. 3rd Janu­ ary,. 1915, and 3rd July, 1915, Driver Foley

£182 ls. 5d., which represents £14 per

fortmght. He went to the head of the road in

order to get this special work and to work over­ time. He was not compelled to do it. He was

quite content, to work lon,g hours in order to big wages.

13 -1


He swore, that his wages averaged £250 ·per a.nnum-or. about £5 pe;r we·ek. On every occa­ sion on whiCh he earned big wages he had worked overtime and had performed some special work on occasions.

· The only two other locomotive drivers who ever earned £20, or over, during a between

15th May, 1915, and 28th August., 1915,· were Driver McGarry, who earned' £20 4s. 3d., and Driver Wittorff-£20 lls. 9d. for a fortnight. The charge that engine drivers working on the· tracklayer are forced to work so much ove.rtime that their wages avera,ge £20 per fortnight is absolutely untrue.

Mr. Gilchrist at any time saw Driver

Foley re,ceive £23 a.t one pay. Nor has Driver Foley ever received, . while in the service of the· Commonwe·alth Railways, £23 for a fortnight.'s work. Cleaners.

The only person mentioned by Mr. Gilchrist as having £17 per pay was Cleaner McPher­

son. The most this man ever received at any one· pay was £15 3s. 2d. ·

His wages from the 3rd January, 1915, to·

3rd July,. 1915, averaged £9 17s . per ,fortnight. The fact that on occasions he earned big wa,ges. was due to his working overtime and on Sundays. Although the files of all the cleaners were avail­ able, not any was given of any other

cleaner having received any sum approaching £15· at any one pay. ,

No evidence was given by Mr. Gilchrist or by any of his witnesses as to what were the wa,ges earned by any cle·ane·r engaged in •Connexion with the tracklaying engine, although all the files and pay-sheets were made available for his inspection ..


I believe that all the witnesses whose evidence could throw any light on the, matters referred to in the eighteen charges have been called before me during my investigation of these charges. Mr. Gilchrist, in support of the charges, and Mr. Poyr1ton, on behalf of the Department, were satisfied that the whole of the available evidence

has been placed before me. Both these have signed certificates to the effect that all the evidence available or desired by either side at Kalgoorlie, Perth, and Melbourne, had been placed before me, which certificates have been attached to the evidence. During the inquiry 201 documents, &c., have been put in as evidence,

77 by Mr. Gilchrist and 124 by Mr. Poynton. In the course of the investigation Gilchrist was allowed to examine all documents which he desired to, and to put in all documents relevant to any of the charges. He was allowed free and unrestricted access to and examination of all the files from which he selected whatever documents he

desired. He accompanied me on my tour of inspection of the western section of the Kalgoorlie to Port Augusta .line, and had every opportunity afforded him of inspecting the · whole of that section, the plant, the engines, and rolling-stock at the dep<)t, and of pointing out whatever he thought fit to me. In other words, he was afiorded the most ample opportunity of proving all or any of these charges.

The Department, during the whole of the inquiry, has acted very properly in affording all possible assistance with the view of enabling me to thoroughly investigate the wholeofth.esecharges. Not the slightest attempt has been made to cloak or gloss over or cover up aNy matter or transaction or to keep back any evidence. Every witness. whom Mr. Gilchrist desired to be called, and who could give any evidence relevant to



the charges, has been called. Mr. Poynton, acting on behalf of the Department, has · been of very great assistance by going thoroughly into each charge and by providing all the available evidence relating to the whole of the charges. ·

During the investigation there were called before me 93 witnesses ; · a list of their names, addresses, and occupations is attached hereto. Also a list showing on what charge or charges each witness gave evidence, and by whom he was called. That list shows that 41 witnesses were called by Dudley Lynton Gilchrist, 42 on behalf of the

Department, and 10 by myself. .

Out of all the witnesses called there were only three whose testimony I found it impossible to · accept, unless and until it had been corroborated. Those witnesses are Henry Chinn, Dane Carrington, and Dudley Lynton Gilchrist. It was made quite evident by Mr. Chinn while giving evidence that he entertained a very hostile feeling against the officers of the Department and everything connected

with it. His stat ements on oath put beyond question what was evident from his demeanour in the box. His bias was so pronounced as to render his evidence worthless. Moreover, his with regard to certain testimonials and his conduct in having used such testimonials, both of which matters were dealt with in the report by Mr. Justice

Hodges (Exhibit A 30), together wit h the evidence given by him on cross-examination, forced me to the conclusion that I was unable to believe 1\fr. Chinn unless and until his evidence had been corroborated. Dane Carrington gave his evidence in a manner which convinced me that he was not endeavouring to t ell the truth, but to· mislead me. His demeanour left a decidedly

bad impression on my mind concerning his truthfulness. , In the case of Dudley Lynton Gilchrist , I am satisfied that during the investigation, more especially while giving evidence in Kalgoorlie, he has repeatedly committed wiliul and corrupt perjury of a very flagrant character. But apart from that, I found it absolutely impossible to place any reliance whatever upon his evidence for the following

reasons :- ·

1. Where I had an opportunity of examining for myself any place or work referred to by Mr. Gilchrist in his evidence I found that his evidence was incorrect. 2. The documentary evidence in many cases proved that his evidence was - untrue.

3. He made statements on oath in a reckless fashion without having any knowledge as to their truth or otherwise. 4. In a letter dated t he 8th October, 1912, written ·by Mr. Gilchrist to the then Engineer-in-Chief, he asked for an increase in salary, and then proceeded-

" I joined this branch in April last when I came direct fro m the Victorian Railways Construction Branch, where I obtained a sound and thorough training in .railway construction work. My principal .duties consisted of ordering all mat erial used in the building of t he various lines and making out consignment notes to cover freight on same. This work necessitated a general experience in all classes of ironwork and

the various timbers required for office buildings, platforms, &c. I had also inspected sleepers and fence posts on numerous occasions. . . . .

"I may state that I have a full and competent knowledge of the work. . . ." (Exhibit 3.) This is practically an accumulation of falsehoods, for he did not obtain a sound and thorough training in railway construction work; his principal work did not consist of ·ordering all material used in the building of the vatious lines ; his work did not necessitate

a. general experience in all classes of ironwork and the various timbers required for office buildings, platforms, &c.; he had not inspected sleepers and fence posts on numerous occasions; he did not have a full and competent knowledge of the work. When he left the Victorian Railways Department on the 23rd April, 1912, he received a reference signed by Mr. Sheeran, the Assistant Chief Engineer for Railway ·Construction as follows :--

"Mr. D. L. Gilchrist was employed in this Branch of the Victorian Railways Department as a Clerk -from 13th February, 1911, to 23rd April, 1912- a period of one year and two months. The officer under whom he worked reports that he was willing and industrious, and carried out his -duties satisfactorily.

He left the service of his own accord:' (Exhibit A 40 .) Mr. Gilchrist had possession of this document at the time he wrote the above letter. The reference shows that he had been employed simply as a clerk, and that is borne out by the evidence of Mr. Fourd.



. 5. In a statement of h1s experience, sent into the Commonwealth Railway Depart-:ment for the purpose of being kept on his file (Exhibit 1) Mr. Gilchrist made serious .misstatements, which he must have known were uritrue. (a) He stated that he had been employed in the Cashier's Office at the

General Post Office from 15th September, 1906, to 24th December, 1908, at a salary of 30s. per week, and that during that time he was assisting in the Cashier's Office. This statement is absolutely untrue. As a fact, he was employed as a temporary telegraph messenger at the General Post Office, Melbomne, from the 2nd January, 1903, · to 31st October, 1903, at a salary of £24 per annum. This was his

only term of employment with. the Victorian Postal Department.

(b) Next he stated in the same document (Exhibit 1) that he had been employed as Accounts Clerk in the Construction Branch of the Vic­ torian Railways from February, 1910, to 21st April, 1912, and that he was engaged in keeping the Register of Accounts for the different

lines and checking all accounts and passing same for payment. He was employed from February, 1911 (not from February, 1910) and he was not 'engaged in keeping the Register of Accounts for the different lines nor in checking and passing same for payment.

6. In a letter written on the 7th February, 1914, by Mr. Gilchrist to the Chief Clerk, Commonwealth Railways, he says :-" I respectfully beg to state that my experience in Railways Ac counts has extended over the last four years. . . . Starting in the Railway Construction Branch, Victorian Railways Head Office, where

I was for some time, I went out on the line where I gained a practical knowledge of this class of work, acting at various times as Timekeeper, Sleeper Inspector, Accounts Clerk, and for about twelve months ordered all ·the material requisitioned by the Engineers of the respective lines then in progress of construction." {Exhibit 2.) ·

It is untrue that he was four years at that time on railway work-he had been . only three. It is untrue that he went out on the line and gained a practical knowledge ·· {)f this class of work. It is untrue that he acted as Timekeeper or Sleeper Inspector; and it is untrue that for about twelve months he ordered all the material requisitioned by

the_ Engineers of the lines then in progress of construction. 7. In his letter of the 20th August, 1914, in which he applied for transfer from the .Head Office to Kalgoorlie orPort Augusta (Exhibit 4) he stated:- . · ''I have been engaged on many occasions as Slee per Inspector, having acted in this -capacity while

in the e,mploy of the Victorian Railways, and Mr. C. W. Fourd, Materials Clerk, Spencer-street, is arranging with Mr. Sheeran, Assistant Chief Engineer for Railway Construction, to supply me with a certific;:tte of service to this effect. In the meantime I have the authority of Mr. Fourd to use his name as a personal reference _and he will be glad to give you further particulars as to my ability in t his direction.

If sufficient work on any occasion demanded, I would be quite capable of accepting an appointment as Sleeper Inspector at Bunbury . . . .

Previous to leaving Spencer-street, I had about twelve months' experience in the ordering of all . stores requisitioned by the respective engineers for the building of the various lines then under con­ struction, and, when necessary, inspected work on contracts, &c. , before delivery was accepted."

It is untrue that he was ever engaged as Sleeper Inspector ; it is untrue that he ever acted in that capacity; it is untrue that :Mr. Fourd arranged with Mr. Sheeran ·to obtain a certificate to that effect ; it is untrue he had Mr. Fourd's authority to use his name ; it is untrue that he had twelve months' experience or any experience before ·leaving Spencer-street in ordering all stores requisitioned by the respective engineers ·for the building of the various lines ; it is untrue that he inspected work before delivery

was accepted. 8. In his Attestation Paper which he signed when he enlisted in the Australian Imperial Forces M:J:· Gilchrist stated that been year.s in 6th A.I.R.

·(Exhibit 16); and m a: letter sent by Mr. Gilchrist to the Engmeer-m-Chief, dated 12th August, 1915, he also stated " I have had approximately seven years' military training." (Exhibit 96.) Both these statements were untrue. The b.ct is that he served as a private in the ·6th Australian Infantry Regiment from the 19th January, 1906, to 3rd March, 1908-.about 2 years and 2 months-on which .date he was fined. 6d. for being; absent without for over three months, and was diScharged. (Exhibits 102 and 104.)


. · 9. He has sworn during the investigation that while in the camp of the Australian. Imperial Forces he gained the rank of Quartermaster-Sergeant, and that he won that­ position by having passed a colii:petitive examination. This is untrue, as he never was .. Quartermaster-Sergeant. He was appointed Acting Company Quartermaster-Sergeant­ a . much lower position-and not after a competitive examination.

· 10. He from the Australian Imperial Forces about the 3rd December,

1915. He was due for transfer to Bendigo on the 2nd December, 1915, and was warned .. But he was absent without leave when the time for his departure arrived. He came to camp subsequently on the 2nd December, 1915, and he was warned for transfer to Ballarat on the 3rd December, 1915, but when the time for his departure arrived he could not be found. He was absent without leave from the 3rd December, 1915, to 13th

December, 1915. A warrant was issued for his arrest as a deserter, and he was arrested and brought to camp on the 14th December, 1915, and was transferred to theN o. 5 Australian General. Hospital on the 16th December, 1915.

Owing to some oversight or mistake on some one's part he was never tried for· desertion, and was subsequently discharged on the 18th January, in consequence of being "medically unfit (not due to misconduct)." His discharge (Exhibit A 21) is . incorrect in two very important statements-

(a) His rank is stated as Q.M.S. He never attained that rank. His rank was Acting Quartermaster-­

Sergeant. (b) It states that his conduct was "good." If the evidence placed before me as to his having deserted is true-which I believe· it to be-his conduct was not good, but very bad in that he deserted.

11. He made statements to me while conducting his case which, on investigation,. I found to be incorrect. · · ·

For all these reasons I found it impossible to believe him when giving evidence, on oath unless his evidence was corroborated. Before any evidence had been called Mr. Gilchrist at my request set out in tabulated form in connexion with each charge the following information signed by himself:--

(1) The officer or officers whom he charged. (2) The approximate date on which tp.e acts complained of were performed. (3) The approximate place where such acts were performed. (4) What documents he requir11d to be produced and the names of the·

witnesses whom he desired to be subpmnaed. Such document is attached hereto; and in connexion with each charge is set out.officers . charged ; then follow certain names. These names are all taken from the document furnished by Mr. Gilchrist a hove referred to.

The whole of the evidence taken during this investigation, which runs into 800, typewritten pages, together with all the exhibits, accompany this my Report.

(SEAL) J. G.

Royal Commissioner .•

' Printed and Published for th.e G OVER NMENT of the C oMMONW EA LTH of AUSTRALIA by ALBERT J. MULLETT, ' -Government Printer for the State of Victoria.

i 4 i




---------- --




Presented by: Command,· ordered to be printed, 15th September, 1916 . .

l Cort of Papu .-Preparation, not given ; 855 copies ; approximate cost of printing and publislllng, £3 .]

Printed and Published for the Go v ERNMENT of the COMMONWEALTH 0f AUSTRALIA by ALBERT J· MULLETI, Government Printer for the State of Victoria.



The Engineer-in -Chief for Con1monwealth Railways. · Please furnish roe urgently with a return of the rolling-stock fQr the East-West Railway, already delivered, on order or to be ordered, and cost of same. 1. (a) Locomotives.-Number and description; cost.

(b) Coaches and Vans.-Number and description; cost. (c) &c.-Number and description; cost.

2. revenue on completed line (passenger; goods).

3. Estimated expenditure. 4. Cost of construction to . .date. 5. Estimated cost to complete. KING O'MALLEY, 12.9.1916. Minister for Home Affairs.


C.R. 4276.

Melbourne, 14th September, 1916.

The Secretary, Department of Home Affairs. With reference to the enclosed communication of the Honorable the Minister (R. 16/5019), I have to advise as follows:-

1. Enclosed statement shows the locomotives, coaches and vans, and trucks, with particulars of estimated cost as desired. 2. Estimated Re1Jenue on completed Line (Passenger, -Goods); and 3. Estimated Expenditure.-In respect of the estimates required of revenue and expenditure, I have to say that both items are very largely dependent upon arrangements to which the States of South Australia and Western Australia are expected to be parties. That is to

say, the principal revenue will arise from through passenger traffic. The extent of this traffic wiH probably be governed by the travelling facilities v1hi-ch will be offered by the States between Fremantle and Kalgoorlie on the one side, and Adelaide and Port_ Augusta on the other; rather than upon the we provide between Kalgoorlie and Port Augusta. Negotiations are now proceeding with the railway authorities in South Aus­ tralia and Western Australia. lTpon the result of these negotiations and the extent to

which the States are prepared to make their arrangements for the overland passenger traffic the estin1ate of revenue will be based. Similarly the question of expenditure, depending as it does upon tbe train services to be rendered, will be affected by the result of the negotiations. There are other points as yet undetern1ined, such as, for example, the policy to be adopted with regard to through rates and fares, and there may be a

question of policy also in relation to the train service. Ul)til matters are further advanced, I am not in a position to submit estimate of either revenue or expenditure which could with any degree of accuracy be accepted as a working basis. 4. Cost of Construction to date. - The expenditure on construction to the 29th

July, 1916, amounted to £4,255,961 17s. 11d. This amount is inclusive of permanent­ way material in the depots, but is not inclusive of stores in stock or rolling-stock on , hand. '

5. Estimated Cost to complete.-This estimate is in course of preparation, and will be subn1itted at an early date.



Engineer-in-Chief and Acting Commissioner.

Herewith in response to your minute R. 16/ 5019 attached.


14.9.16. Acting Secretary, Home .Affairs.


T? accompany report of Engineer-in-Chief and Acting Commissioner, dated 14.9.1 6, 1n reply to letter of 12.9.16, Ii.A. 5019.



Light, for shunting depot work, and miscellaneous services Shunting . .

Freight and passenger Heavyweight ..

Breakdown crane, 30 -ton Locomotive crane, 5-ton

On hand.



19 8



Under con­ with

Con t ract or s.




Tot als when all d elivered.


1 ·

26 34








Capital value (see enclosed).

R emarks.


Secondhand, purchased from New Sout h \Vales Government

20 due J anuary, 1917; 6 due

April, 1917.


Shunting .. 2 2


Type. On h and. Under order . Total.

Composite lava tory cars .. Passenger cars (temporary) Pay and inspection cars Camp train cars ..

Camp store cars .. Brake vans (six-wheel) Brake vans (bogie)


Hopper waggons

Ballast spreaders Rail waggons

Water tank waggons*

Goods waggons Cattle waggons Sheep waggons Breakdown waggons




10 2

10 8

43 ·

Capital value (s ee enclosed).

No. on h and.





46 15 4




Yet to be delivered .

- ---.----:----.-










46 15 4


- ----






10 2

10 8


-------.-----.------.---,---,---- - - -

Tenders recently invited for 65; Tender not ye t accepted

Balance rail waggo ns now being delivered Balance rail waggons now being de-live red

• A number of water tank waggons has been constructed on underframes of other waggons . Adjustmen wil l be made wh en line is co nstructed •.

Capital value (see enclo sed).


Waggons • . 32 32



Locomotives Coaches and vans Trucks, &c.

£448,736 56,001 305,008


- The foregoing does not include any prospective amounts in connexion with first and second class sleeping cars, day cars, dining cars, mail bulk vans, and conversion of brake vans ; neither does it represent the cost of the 65 hopper waggons, tenders for which were recently called, but none of which have been accepted. The figures in regard to these are now in course of preparation.


First class slee ping cars Second class sleeping cars Day cars Dining cars Mail bulk vans . .

Description .



10 9




35 '

Description. No.

Bogie brake vans 8

Four-wheeled vans 8


Capital value (see enclosed).

Printed and Published for the G OVERNMENT o f the C OMMONWEALT H of A USTRALIA by ALBERT J. MULLIT1 Government Printer for the State of Victoria.. . . ...

i 4C 5.

19 iJ-15-lG.




Presented by Command; orderd to be prin ted, 28th September, 1916.

[ Cost of Paper.-Prep::tration, not given ; 805 copies ; ::tpproxim::tte cost of printing a nd publishing, £3 l Os .]

Commonwealth Railways, J\ielbourne, 27th _ September, 1916.

The Secretary, Department of Home Affairs. \

Question as ked by the Right Honorable Sir John F oTre st regarding the 0 ost of the K algoorlie to Port Augusta Railway.

With reference the following questions, asked by the Right Honorable Sir John Forrest :-


1. " Will the Minister place on the table of the House a comparison of the estimated cost of the several items of construction on the East-West Railway by the engineer, with t he actual expenditure of those items, up to the end of financial year ended 30th June, 1916, and the cause

for any excess of the estimate. · ·

2. '" What ·was the estimated cost of the railway, and what amount is it estimated to actually cost,''

and upon which the Honorable the Minister stated the information would be supplied in the form of a Return, I have to advise as under:-1. A statement giving the several items of construction, the actual expenditure at the 1st July, 1916, Mr. Deane's estimate of 20th September, 1911,

the actual increase or decrease as compared with such estimate, and the explanation of the excess in each case, is attached hereto. 2. Mr. Deane's estimated cost of the Kalgoorlie to Port Augusta Railway is £4,045,646 ls. lld., and I estimate that the actual cost will be

£6,066,851 7s. 8d., after allowing for credits. In comparing the actual or pre·sent estimated cost with Mr. Deane's estimate, it should be noted that his estimate was in many respects incomplete and imperfect, and that the line, as now being constructed, is very different from what was estimated

for.. For instance, since the submission of his estimate the weights of rails, fishplates, and points and crossings were increased; the complete ballasting of the line was decided upon; and numerous other alterations were made prior to my taking charge of construction.

As against the increases in expenditure, as indicated above, I have effected considerable saving, by reducing the width of the formation and the width of clearing, and have increased the length of rails, to save the cost of fastenings, and I have also· reduced the size of the sleepers.

No. 343.-F.l3362.


Engineer-in-Chief and Acting Commissioner.





, Description of Work. Cost at 1st July, 1916

£ 8. d.

Mr. Deane's Estimate of 20th September, 1911.

Clearing and Grubb- 29,673 3 8


£ 8. d.

15,874 14 6

Fencing, Gates, and Grids Earthworks

8,122 3 3 8,915 0 0

484,433 10· 5 388,152 13 6

Bridges, Flood Open- 95,395 18 8 82,117 2 7

ings, &c.

R OStd Overbridges

p ermanent Way

(Roadlaying, includ-ing Ballast) M ile and Grade Posts p itching, Metalling,

and Blinding w ater Supply ..

R oad Diversions ..

Retaining Wails

Station Accommoda­ tion:;. Tempora"'ry Sidings "'·

Ballast Sidings

3,610 5 8 Nil

208,688 9 2 467,652 5 0

452 16 5 2,314 2 0

877 6 3 6,351 19 0

263,974 14 5 484,760 0 0

1,262 10 6 Nil

1,437 4 11 Nil

23,140 15 8 Nil

78,985 15 3 ' 130,015 7' 0

29,140 16 6 Nil

15,141 6 Nil


£ 8 . d.

13,798 9 2

96,280 16 11

13,278 16

3,610 : 5 8

1,262 10 6

1,437 4 11

23,140 15 8

29,140 16 6

15,141 15 6

Decrease. Explanation of Exces.>.

£ 8. d.

The excess is accounted for by the increase of 30 per cent. in the wages rates paid above those upon which Mr. Deane's estimate was based; by the fact that clearing and grubbing was allowed for at 9s. 5d. per acre, which was a totally inadequate rate; by a percentage of the depreciation of plant being charged against the work, whereas n o such provision was made in the estimate; and by the cost of water


792 1.6 '9 .

258,963 15 10

1,861 5 7

5,474 12 9

220,785 5 7

fl1,029 11 9

The excess is accounted for by the increase of 30 per cent. in the wages rates paid above those upon which Mr. Deane's estimate was based; by an increase in quantity, owing to the ruling grade being subsequently reduced by Mr. Deane from l in 80 to 1 in 100; by the flatten­ ing of slopes in drift sand cuttings of from 1 to 1 to 2 to 1 ; by the soiling of slopes of drift sand banks to prevent erosion by wind ; by the cost of water distribution not provided for in Mr. Deane's estimate; by a percentage of the depreciation of plant being charged against the work, whereas no such provision was made in Mr. Deane' s estimate; and by heavy in­ creased cost of plant and explosives, owing to the war. -...

The excess is accounted for by the increase of 30 per cent. in the wages rates paid above those upon which Mr. Deane's estimate was based; by the heavy increase in the price of cement and materials generally, owing to the war; by freight on material (not provided for in Mr. Deane's estimate); by additional bridging found to be necessary; and by a percentage of the depreciation of plant being charged against the work (no such provision made in Mr. Deane's estimate). .

No provision made in Mr. Deane's estimate, although the overbridges were subsequently erected by him.

No provision made in Mr. Deane's estimate, al­ though the diversions were subsequently carried out by him. The diversions were necessary owing to the line encroaching upon streets and roads. No provision made in Mr. Deane's estimate, al­

though the retaining walls were subsequently built by him: These walls were necessary to prevent erosion of slopes of cutting in Port Augusta, and to save compensation or further acquisition of va.luable land and buildings. No provision made in Mr. Deane's estimate, al­

though the work was subsequently decided upon by him. Owing to the condition the existing wharf at Port Augusta being so unsafe as to prevent even a small engine going on. to it, heavy repa.irs and strengthening were necessary. A new approach to wharf bad to be provided, so as to enable 4-ft. 8!-in. gauge tracks to be laid down for working traffic on the wharf.

No provision in Mr. Deane's estimate. The sidmgs were necessary to facilitate traffic. The material in these sidings will eventually be credited to the cost of construction. No provision in Mr. Deane' estiT)')ate. The

sidings are necessary owing to the decision to ballast the line fully. Portion of the material in these sidings will event ually be credited to the cost of construction.

i 407



Description '9f Work.

RunningSheds, Work­ shops, &c. ·Office Buildings, Q,uar­ ters, &c. .Permanent Way


Cost at 1st July, 1916.

£ s. d.

21,838 411

23,874 2 2

M:r. Deane's Estimate of 20th September, 1911.

' £ 8, d.

47,760 0 0

51,350 0 0

2,4-80,306 10 01 ,815,049 lO 11


£ 8, d.

665,256 19

Telegraph and Tele- 101,916 12 7 62,885 18 3 39,030 14 4


Signals, Interlocking, 10,055 5 10 4,650 0 0 5,405 5 10

and Electric Staff

Surveying Ahead , 27,292 7 7 Nil 27,292 7 i

Land and 39,125 18 7 10,000 29,125 18 7


Engineering Material on Ground



79,792 50,188 8Ji 9 100,000 7 1 Nil

43,906 15 8 20,075

47,456 12 10 32,722

0 0

.50,188 7

o_;__o 23,831 15 8

9 2 14,734 3 8


£ 8 . d.

25,921 15 1

27,475 17 10

20,207 11 3

Explanation of Excess.


£109,619 of the excess is due to the weight. of rails being increased from 70 lbs. (as per Mr. Deane's estimate) to 80 lbs. per yard, and to corresponding increases in the weights of fish­ plates and points and crossings (all these increases were subsequently decided upon by Mr. Deane); and £80,906 is due to inadequate

provision in Mr. Deane's estimate for the num­ ber of sleepers required. The increase in the cost of material landed on the job was not provided for in Mr. Deane's estimate, and the

amount thus involved is £390,312. Inade­ quate or n o provision was made in Mr. Deane's estimate for points and crossings (£15,053), washers (£1,024), rail joints (£1,465), other material (£21,445). The balance is accounted for by a percentage of plant being charged against the p ermanent way material, whereas no such provision was made in Mr. Deane's estimate. All p erman ent way material was purchased under contracts after tenders had been publicly invited . On the completion of the construction of the line permanent way material to t he value of £7 5,000 will be released from temporary sidings, &c., and this value will be a credit to the line. £23,000 of the excess is due to the telegraph line

being strengthened so as to eventually carry public t elegraph wires. This amount will be recovered from the Postmaster-General's De­ partment. The balance is accounted for by the increase of 30 per cent. in the wages rates pa id above those upon which Mr. Deane's

estimate was based, by a percentage of the depreciation of plant being charged against the work (no such provision in engineer's est imate), by Mr. Deane's estimate being based on far too low a rate for material, and

by no provision being made for freight in his estimate. '

The excess is accounted for by the 30 p er cent. increase in wages ; by no provision in Mr. Deane's estimate for the interlocking of station yards, for the electric staff system of safe working (although he eventually decided to instal the electric staff and the interlocking of t erminal stations), for freight on materials, depreciation on plant ; and by the increased cost of signal material, owing to the war. No provision was made under this heading in

Mr. Deane's estimate, although the permanent survey was conducted under his direction. £23,935 of the excess is accounted for by the cost of ::wquiring property for railway

purposes at Port Augusta, for which no pro­ vision was made in Mr. Deane's estimate ; the balance is due to the necessity for acquiring r esidences for employees, owing to the dearth

of accommodation at P ort Augusta and Kal­ goorlie (these residences are r eturning 6 per cent. per annum on the capital cost).

The material on ground disappears on the com­ pletion of the work. No provision was,

therefore, made, and rightly so, in Mr. Deane's estimate. The excess is more than accounted for by totally inadequate provision being mac;Ie in Mr.

Deane's estimate (although most of the plant was eventually purchased by him). On the completion of the construction of the line the value of plant now shown will be a credit, as depreciation at a fairly heavy rate has already been charged against the works upon which plant has been used. The excess is more than accounted for by pay­

ments of £22,677 for public holidays to wo rk ­ m en ; and other amou nts never contempla ted by Mr. Deane in framing his es timate .



Description of Work.


Rolling Stock

Workshop Plant and Machinery

Cost at 1st July, 1916.

£ 8- d.

3,966 15 6

Mr. Deane's Estimate of 20 th September, 1911.

£ 8. d.



£ 8. d.

3,966 15 6

563,556 0 0 315,000 - 0 0 248,556 0 0

12,076 17 11 Nil 12,076 17 11

Decrease. Explanation of Excess .

No provision made in Mr. Deane's estimate. These amounts consist of expenditure on work performed for the public and other depart­ ments (such as erection along the line of schools for South Australian Government, work done for G. and C. Hoskins Ltd., &c.). Many of them have been paid since lst July, 1916. The excess is accounted for by inadequate pro­

vision in Mr. Deane's estimate to meet con­ struction requirements; by additional stock being necessitated owing to the decision to fully ballast the line ; and by water difficul­

ties seriously affecting the locomotives. The war has been responsible for heavy increase· in the of rolling stock and material for

its construction, and this has affected con­ siderably the expenditure. All rolling stock has been purchased under contracts, after t enders had been publicly invited. On the completion of the work of construction the· depreciated value of the rolling stock, which will be released, will amount to £326,292,. which will be a credit to the line. No provision in Mr. Deane's estimate; although

a lot of the machinery was purchased by him .. Workshop plant and machinery are necessary for the repair and construction of rolling stock and other equipment.

Total • . 4,749,690 5 8 4,045,646 1 11 704,040 3 9 ...

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