Cross was re-elected in the 1909 election as one of two members elected in the newly expanded Edmonton district. Soon after, in February 1910, Cushing resigned from cabinet, stating that he disagreed with Rutherford's approach to railway policy and specifically with his actions regarding the Alberta and Great Waterways Railway (A&GW). The A&GW was one of several new railways to take advantage of the government's offer, made under considerable public pressure, of loan guarantees. Cushing and John R. Boyle attacked Rutherford's government, with the latter charging that the Deputy Attorney-General, S. B. Woods, had removed papers from the government's files on the A&GW. Cross denied these charges on his deputy's behalf. Boyle followed with a motion that the assets of the A&GW, which he believed was taking advantage of the government's guarantees to build a sub-standard railway at government expense, be expropriated. Cross led the government's opposition to the motion.