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Les diagrammes sulvants illustrent la mAthode. 1 2 3 32X 1 2 3 4 5 6 1 ^v'^B 1 If II 1 \ i . \u I ,. :"> • Ui^ b!i: ' If !i il North Shore Railway. REPORT OF THE CHIEF ENGINEER UPON THE SITUATION, WJTH SEVKN APPEND J CKS. »ATKE> Mu%RCH 4. 18r«. £*;i^'.|S'-i,*)i.AC*?i;..,c.^:i 'mi^^^^^^Mi^g^^g^^^ mm ^^^-^^^jk mk I ''I If' f» -,■) ^, / -- / ^ / 6 'I' ! f ;. %'. \ mem wsr^^fT^^mt 111 ! North Shore Railway. REPORT OK THK CHIEF KN(;iXJ-:Ek UPON THR SITUAIION WITH SKVK.N AI'I'KNDICKS. I>A1'K1> MAKCJI I, Itftrr,. QLKMKC . PHINTKI) BY ALGLSTIN ..nT|:: \ .. is;r>. + R Mr. Won ill t Ii ])1'0 and «'on( the iiitc l>oui I T so 111 ilLMl U|K) J1 the (litt( has T jiro' hole T NORTH SHORE RAILWAY. REPORT OF THE CHIEF ENGINEER UPON THE SITUATION. Mr. riiE.sn)KNT OKKK K or THE KN«ilNKKIl IN ClIIKF, (Jiu'l.i'f, March, -llli 18".'). 1 have tlio lioiim- to sulnuil the' lolldwiiii;' r('i)or( u|i()ii (In.' |)iv- hoiit siduitioii til' tl)c Com pill ly'^ atlairs, for tlif coii-idc'ratioii of tin- Hoard of I)irt'C'tors. ami siicli other partii-s as may foci an intercut ill tlu! s|K'i'(ly c(iin]ilclion of the North .Shore IJailway. Ill (lisciissiiii;- a matter of this imporlaiiee, I (Icem it ijiiite ])ropei', even at the ri>k of ])rovini;' te'lioiis, to refer to siieh i'aets and eireiiiiistani'Os eoniieeted with the pa>t history and present eonditioii of the road, as may l»e ealeuiated to throw lii;hl upon the siiltjecl ; and at the same time, to place the ilitlerenl parties in intciv-«t, in a position where they will each see, and feel inclined to hear their duo j)roportion nf respoiisiliility. I. (.)]J(;ANIZAT1()X of TIIK IIOAKM) of dikmutoi^.s. The Hoard of J)iree(()rs of this ('ompaii}' is constituted in a somewhat peculiar manner, the ideaof the oi'nani/.ation ovidentlv liL'ing to all'ord a representation to theditlereiit parlie> in interest, upon the most eqiiitahle and praeticablo basis. It may bo protitablo, and I trust not entirely unintere>tini;- lo the pre.>ent members of the Hoai'd, to take u rapid i!;laiice at the dittbreiit s(a,:^es of progress towards the point at whieii the JJoard has now arrived, in its system, or ba.si.s of organization. The original charter of the Com])any, ]>assed Ajiril 22nd 1853, provided for the election of nine Directors by tlie original .stock- holders. The original charter of the " St. Maurice llailway and Naviga- fi UKPORT OF TIIK CIIIKK KNdlXEi:... i I i lion ('omimiiy," (now tlio '• Piles Hraiirli") pn^sM .Imu' 10, IS') )«. jirovidoil also lor tlio Kloetioii ol' iiiiiu Directors in tlic sanu iiiaiiiH'i- om- M'S The saint" Act jirovidcs for ijic nnialiraniation of the l\vo( panics; alter which the respective hiivctoi-s of the t\vt> Cornpan "shall he the Directors of the Conipany I'orined out of the said siniali^'ainated Coinnaiiies nntill the tlien next election n|' |)iroc. l(.rH;' \c. The Act ol" J)eccinl)er 2Hh, ISTO. i.-i'antini"- two million aci-es of tiiiduM- lands lo the ("oni|iiUiy, j)rovides that; " tlu! liieiilenaiit (lovenior in (!<»iincil, shall have the a)ipoinlnient of one tlird of the Directors of said Company, wiihoiit countini; the cr-officio Directors, or Directors represeniinir innnici|ialities," \c. Tiie Act of Decemlii-r 24lh, 1S7<». extendiiii,^ the period for coin- ]th'tini; the K'ailway to May 1st, 1877, |)rovides thai : •' The IJ lai'd of Direclois of saiil ( 'onipany shall lu' composed o| twelve meiii- her> in addition to the ri'|ti'(>sentativesof tlie miinii'i|talilies enlil ed to f'r?ii part Ihereoi'. Of llie>e twelve menihors. four shall he named hy the liienlenant-dovernor in Conncil, ei;;;lit onl\ in iiitnre to ho tdecied hy tlie shareholders." Tlie same Act authorizes tlie Council of tlie City of (iuidu-c to Mihscriiie one million dollars to the capital st ndc of the llailway ('om))any ; and '• to he represented at the Board of Diieclors hy tin' .Mayor and Ihi-i'c other memhers appointed hylhe <'(iinicil." The .Mayoi" of liie City of Three IJivci's had also lu'come r.com'.'/V^ director, hy virtue (da sul)scri|ition l)y tliat City of one hinidred thousand dollars. And tlie .Mayor of. St. Sauveur had also heconie ^',>'t^'!lX'Vtli.'"^'^''**''' ''y virtiK' of a suhscription hy that mnnieii»ulity, ol ' Q^^a^ntt|J thousand dollars The Jioard of Dii-eclors at that tii: and until tiirther lei^isla- tion. was therefore conj|iose(l of (d^'htecn memhors, as follows : Hi^'iit (dected liy the Stocklndders ; tbur n.-imed hy the I'rovini-ial (iovernmenl ; four from the City of (Juehec ; one from the City enturc or moiiev loan ofSl,248.G;U, ])rovides that: "The I'.oard of Directors ot the ('ompany shall he composed of twelve memhei-s, in addition to the lepresentativos of the municii»alities entitled to forin i)art thereot. Of these twelve members, six shall he named hy the Lieutenant- Governor in Council, and six only shall, in future, ho elected hy the Shareholders and ]Jonddiolders, in tho manner hereiiuifter ])r()vidod." Also that : " In tho election of Directors of tlio said Compan}' on the 20th Maj' next, and at all elections thereafter, each Shareholder shall be entitled to one vote for each one hundred dollars of Stock hold by him, upon which at least 10 per cent shall have been paid up, and upon vvliich all other tjub;5eliall lio cntilli''! Id *»ih' vott' lor oa'-li liiiiiilrcil y liiiii ; aii'l micIi Shaii'lioldcrs ami Hoiul- licddi'i's ^liall lu- fiitilK'd to vote I'illu'r in person <»r \>y proxy. " Tlio last named ,\cl lu'in::; nnw in H>p'i', it will Ik; seen that the Board of hiri'ctors is m»\v »r shovL intervals, as tho caM' may happen to i)e, hy any clianu;e that may occur in t! • ministration id'which tln-y ar", for tin lit le heiuir. the representative^ ; so that it would appear from tie ualiiie of the t ;;st', to hi' ([iiite improliahlc, if not impos>iliU . foi- the l)o;ird of |)irectors to adopt any decision, or line of policy, llmt Mild ho considered as permanent ; or at least, not lialde to lu' departed from at soim- future lime. For example, durinn' the past two year-, the < Jov 'riimciil J)irectors siltinn' at the IJiaril, have rt'presi'iited three >epar;ite' and distinct ornani/.ali(»ns of the I'rovineial ( Jovernincni ; and the (^uchec Cily hiri'ciors sittinii; at the Ijourd durini!; the >ame lin.e, have rojiresented two distinct ori^anizations of the City (ioverii- ment ; and llii' same with Three IJiver.s and 8t. Saiiveur ; and, so the changes are likely to contiiiiie for an inileliniie leni;lli of The consetjuence is, that there an* only tSf^ mctnhers of the present Hoard (d" [directors, who were memhers when the original contract, for the construction and iMpiipment of this iioad, was entered into, on the Hth April. 1S72 ; and oidy twelve inendiers of the jtnsenl Jioard, who were memhers wlcn the supjdemenlal contract was entered into, on the 21st Feljruary, ISTl. It also appears, that another and most poti-nt element is here- after to he introduced into the ornani/.alion of the IJoani. hy virtue of tho ju'ovision in the jiresent '• I'ailway Aid Act," whicli allows the Jiond holders to vote for l)irectoi's. When this power shall he exercised, it is not at all improhahlo that tho only remainim^ liidv hetween iiie present and the ]>asr. will ho entirely severed, hy the displacement of the J)irectors who have heretofore heen elected hy the original stock-holdei-.s. While it must be admitted that this state of things is not calcu- lated to insure that harinon}' of action, ai)d adherence to any fixed hnd bettled policy', which are always considered quite essential to tho success of un important entor[)rise of this kind ; it is hy n'» I ^ BEPOBT OF THE OHIEF ENGINEER. inoan» conceded that it lessens the obligations of the Boaixi at any one time, to carry out in good faith, such obligations and under- standings as the same body, although differently constituted, or composed of different members, may have entered into at any previous time. Neither, is it conceded that either the Pi'ovincial Government, or the City Council of Quebec, can consistently ignore the acts or Salicy of any one set of their respective representatives in tho oard, by tho subsequent approval of an entirely'- different and perhaps antagonistic policy, on the part of another and more recent class of representatives. II. CONNECTION OF THE PRESENT CHIEF WITH THE ROAD. ENGINEER In view of the fiict, that but a small minority of tho Members composing the present Board of Directors, are at all familiar with the circumstances under which I first became connected with this Road, I propose, as a matter of history, as well as in justice to myj^elf, to refer quite briefly, and without intentional egotism, to some of the more important events which preceded, as well as followed, my appointment as Chief Engineer, up to the date of the present supplemental contract. In the month of September, 1870, Mr T. C. Durant, of New- York, with whom, as Vice-President and General Manager of the Union Pacific Railroad, I had been associated as Consulting Entrineer, during its entire construction, invited me to accompany liimto Montreal, Three-Rivers and Quebec, for the purpose of looking into and obtaining information respecting the merits of the North Shore Railway and Piles Branch, together with the land grants which had been appropriated by the Government in aid of the enterprise. After spending several days in the above investigation, accom- panied by Hon. Wm. McDougal, Mr. Willis Russell, Mr. P. B. Vanasse and others, we returned to New- York with a very high appreciation of the value and importance of the undertaking. During the following Spring, I was called upon, at my otfice in New- York, by Col. Wm. Rhodes, Director, and Mr. Dunn, Treasu- rer of the North Shore Railway Com])any, who informed me that they had been requested by the Board of Directors, to see me with reference to taking charge of the road as Chief Engineer; and, if my engagements would not permit of my doing so, to ask mo to recommend a competent Engineer for the position. Col. Rhodes called up n me several times afterwards, upon the same businos. In the month of May 1871, I again visited (itieboc in the inte- rest of Dr. Durant, for the purpose of satisfying both him and myself, as to whether there was sufficient vitality in the enter- prise to justify us in taking hold of it at that time ; after spending ►everal days here, I informed tho President, Col. Rhodes, Mr. Russell, and such others of the Directors as I happened to meet, that if they would come to New- York with proper data and autho- rity, I thought they might close an arrangement with Dr. Durant for constructing the road. On the 8th July, 1871, a Committee of Directors composed of the President, Hon. Jos. Cauchon, and Messrs Irvine, Rhodes, Russell atid Tascbereau, Directors, visited New- York with the i ■ I ii. « REPORT OF THE CHIEF ENGINEER. maps and profiles of the lino ; nnd on tho 13th, closed nn an-nn- goment with Dr. Durant, by which ho was to furnish the means roquii'od for making a now survey of tho road. It was also av- ranged that 1 should come hero and direct the surveys in behalf of the Railway Company. On tho 20th July, Dr. Durant informed mo, in New-York, that he could not keep his engagement with the North Shore Railway Committee ; and advised me not to como to Canada. I started, however, on the same evening for Quebec, in accoixlanco with my agreement, arriving here on Saturdy, July 23, 1871. The President and Directors were very much disappoii.toil and disheartened upon my notifying them of Dr. Durani's deci- sion ; but requested me to drive over the line, and inform them whether I could aid them in procuring tho necessary means for constructing the road. Upon returning to (Quebec, after examining the cap.nbilities and resources of the country, I informed tho President and Direc- tors, that if tV»ey could raise tho means among themselves for a re-survey of tho line, so that I could have reliable data upon which to base an estimate and report, 1 had no doubt that I could induce some of my friends, whom I knew to possess tho ne- cessary experience and capital, to undertake the construction of the road : provided the Company would ajipropriale for that juir- pose, its land grant, the one million dollars of City subscription, and the one million dollars of Municipal subscriptions which tho Directors telt quite euro of obtaining from tho Counties and Pn- rishes along tho line. The members of the New-York Committee accordingly met in Quebec, on tho 28th July, and agreed to raise five thousand dol- lars among themselves, towards defraying tho expenses of the survey ; and also authorized me to open negotiations with respon- sible parties, for the construction of the road ; and also, to re- survey the lino. Which action, as I have always regarded it, was the important and decisive step which finally resulted in plac- ing tho construction of tho road beyond the reach of any ordinary contingency. After spending some days with tho President, Hon. Jos. Cau- chon, Hon. J. J. Ross. Hon. Wm. McDougall, and Mr. Willis Russell, Directors, in visiting the counties west of Three Rivers, with a view of creating some enthusiasm about the road, I went to Chicago for the purpose of meeting some parties from Wis- consin, with whom I had already opened a correspondence with reference to constructing tho road. Failing to meet these parties according to appointment, I was induced to open a negotiation with Messrs. P. H. Smith, George L.Dunlap and Samuel L.Keith, of Chicago ; which resulted in a proposition on their part, to cons- truct and equip the road upon the basis above referred to; which proposition was afterwards accepted by the Railway Company. CONMEOTION OF CHIEF ENGINEER, &C. A complete survey was ivUo made of the line, during the Sum- mer and Fall of 1871, with a view, mainly, of inducing the Coun- ties and Parishes along the line, to subscribe to the Stock of the Company ; but owing to a defection in the County of Champlain, the entire subscription failed ; and it was therefore thought for a time, that there was no further present hope for the road. During the following February, however, I succeeded in bring- ing the parties together again in New York, for the purpose of renewing the negotiations upon the then diminished basis of the Company's assets; which negotiations terminatod in a renewed jigreomont on the 13th of February ; and the signing of u final contract by the parties, at Quebec, on April 5, 1872. It is proper to mention here, that the specifications attached to contract had previously been carefully examined and a])proved by a special committee appointed by the board for that ])urpose, consisting of Hon. Joseph Caucho". President, Hon. Geo. Irvine, Solicitor - General, and Government Director, His Worship (P. Garneau) the Mayor of Quebec, II. T. Taschcreau, City Director, and J. B. Renaud, stock-hold era Director A majority of whom, as will be observed, were representatives of the Pro- vincial Government, and city of Quebec. The contract and specifications had been prepared by myself with very great care, after a very extensive and varied profes- sional experience upon many of the most important first class railways in the United-States; and after a careful examination of the specifications of other works with which I had not been connected; and they were made, as I then believed, and still believe, to conform both in spirit and in substance, to the specifications under which the New- York and Erie, the Chicago and North- Western, and the Union Pacific Railways were con- structed, which aggregate nearly three thousand miles in length, and are all regarded as fully up to the rjnitcd-States Standard of first class Railways. The Government Standard, under which the Union Pacific Railway was constructed, together with extracts from the opinions of several of the most eminent Engineers in the United-States, who were consulted upon the subject ; also extracts from the specifications of the Erie, the Chicago and North- AVesiorn, the Montreal Northern Colonization, and the North Shore Railways are annexed hereto, for convenient reference, and marked "Appendix No. 1." Every suggestion that was made, however, by any member of this Committee (and several were made by the Mayor of Quebec) were incorporated into the specifications ; and they were unani- mously' approved by the committee; and subsequently by the Board of Directors in connection with the contract. MlU »f I *!' il' >M 8 REPORT OF THE CHIEF ENGINEER. ,: ! It may also be proper to mention, in this connection, that during the ne^^otiation of ihis contract, my salary as Chief Engineer, which had not been previously decided upon, became the subject of discussion between the Contractors, the Committee and myself; and it was then fully agreed and understood, that it was to be tixed at ten thousand dollars per annum, exclusive of travelling and incidental expenses, during the construction of the Boad. It was very well known to the Contractors, that during tho previous several years, I had been receiving compensation for my professional services, in the United States, quite equal to that amount per annum; and they therefore expressed themselves as being quite ])leased as well as surprised, that I was willing to sever my business connections in the States, and to accept so moderate a salary, particularly when the important services which I had renderoa to themselvo-*, as well as to the Railway Company, were taken into consideration. During the year 1872, the entire line was re surveyed, and located with reference solely to obtaining tho best Engineering route "of which the ca, (abilities of the country would reasonably admit" as jjrovided for in the contract. The maps, profiles and grades of the above location were thoroiighl}' examined and unanimously approvod by the Board of Directors, from the City of Quebec to " the East End of Section No. 132," by Eesolutions passed August 8th and October lOlh 1872. In arranging the grades upon these profiles, it was done, as stated in my rejwrt of October 10, 1872, " with p.irticular ro- feronce to the avoidance of cuts which would be likely to become filled and blockaded with snow, during the winter season ; " they were, as a general rule, placed at least 20 per cent higher, than had been mj^ previous practice, and than the strict rules of econo- my in construction would justify, in order to meet the difficulties apprehended from snow ; and the gross quantities in Road-bed of excavation and embankment, as computed at thj lime, showed that tho embankment exceeded the excavation by more than SO per cent. An examination of the ])re8entand former profiles will also show, that the Top rail line will be at least three feet above the natural surface of the ground, upon from 70 to 8U per cent of the entire distance between Quebec and Montreal; and whenever the em- bankments are made from side excavations, tho adjacent surface will necessarily be depressed from two to five feet, in order to ob- tain the requisite material ; which, so far as snoio obstructions are concerned, will be the same in effect, as raising the bank to that extent. CONNECTION OF CHIEF ENGINEER, *C. 9 The work of construction was also commenced during 1.h« summer of 1872, from the City of Quebec, westward, «i.»d several miles of grading completed. In the meantime I had prepared full detailed rejiorts, respecting the probable cot-t and future earnings of the road; andalso. of the value of the C mpany's land grant, with a view ",f enabling the Contractors to place the securities of the Company upon the market at the proper time. Two of the Contractors, Messrs. Dunlap and Smith, sailed for Europe, on July 20, 1872, for the purpose of placing these securi- ties upon (he market; and remained there until the summer of 1873. At their request, I left Quebec on the 28th February, 1873, with full Maps, Profiles, Rciwrts and Estimates of the line; and joined them in London on the 13th of the following March. I remained in London until the 14th of May, and then returned to Quebec, for the purpose of obtaining an important modification of the contract, on the part of the llsiihvay Company*. I arrived here on the 25th May; an J on the 7th of June, cablet to the Con- tractors in London, that the Company had acceded to the modifi- cation of the Conti'act. Soon after my return from Europe, my attention was directed to some anonymons articles, which had appeared in the news- papers of Montreal and Quebec, derogatory to the character of the North Shore Railway; and hinting that ihe Chief Engineer was in complicity with the Contractors &c. These articles were re- ferred to and answered by the Chief F)r.gineor in a Ro])ort *' to the New Board of Directors," under date of May 28th 1873, from which the following are extracts : " The statements contained in the newspaper articles referred to, and which were extensively published during my recent absence in Europe, for the evident purpose of prejudicing the minds of the new members of the present Board of Directors against myself, as the Engineer of the Company, as well as against the Contractors who have undertaken to uuild the road, seem to justify if not de- mand a more extended notice." "I deem itexceedingly fortunate that at this the first meoting of the present Board of Directors, f am permitted, as an act of justice to myself, and duty to the Board, to make such explanations with reference to the contract, and such a vindication of my own posi- tion in conricction with it, as will, if believed by the Board, exonerate mo from the charges and insinuations contained in these articles." " The Northern Colonization Compiny may therefore regard themselves as exceedingly fortunate if they succeed in construct- ing and equipping their railway upon as favorable terms as those embraced in the present contract for the North Shore Railway." " With reference to the above direct charge of complicity or 7 BmI 10 REPORT OF THE CHIEF ENGINEER. collusion " with the American Contractors at the expense of the Pro- vince," lis well an of the Euihvay Company, 1 can only say that it lias never been my pi'atice to answei* news|)aper attacks made tsither upon my integrity or ability as a Civil Engineer." " If ii tolerably long and acti\o life devoted entirely to the pro- fession, uj)on sinne of the most important works of public impro- vement upon the American continent, has not secured for me a reputation that is above and beyond any injury that can be fffectod by the publication of cowardly articles of this kiiul, it would ccj'tainiy be iisolcss for mo to attempt to bolster it uj) by any other means, at this late day in my professional life." " It may not be out of place, however, to enquire at the j)iesent time, why Mr. liCgge, " the astute, clever, and experienced Chief Engineer' of the Northern Colonization Jiaihcay," an ho \» called in the article referred to, or some other of the "eminent Canadian Engineers in whom, the public have confidence," have not, during the pa&l twenty years in which the North Shore IlaiUvay has been in a languishing and almost dj-ing condition, discovered its j)eculiar merits as " the first link in the Great Northern RaiUcay, to extend at no distant date from one end of our Province to the other, " as is very justly claimed by the article referred to ; and have not by their reports and representations in its favor, induced Canadinu contractors to undertake its construction, and thus reap for themselves the enormous benefiis that it is claimed will accrue to American Contractors, who, at this late day, and almost solely upon ni}' estimates and representations, have in good faith under- taken to construct the road. " I have deemed it proper to make the foregoing statements in defence of the previous policy of the Company as connected with the ])resent contract, in order that the members of the present Board, who are not entirely familiar with the past history and present condition of the Company, may act intelligently and without jirejudicc upon the important proposition which is now before them." The matters referred to in those communications, however, soon became a subject of discussion in the iioard of Directors; and afterwards resulted in a correspondence between myself and tiCA-eral of the most prominent Engineers in the country, respecting the " class " or character of Eailway called for under the provi- fc ions of the contract and specifications; all of which was duly reported to the Board on the 14th July, 1873, by order of a resolution of the Board to that effect. The work of constrvtion was not resumed by the Contractors in 1873, althou'n some Engineering was done, at different points upon the line, with a view of improving the previous location, which changes were also appovod by the Board. III. EEVIEW OF PRINCIPAL EVENTS SINCE THE TEANSFER OF THE ORIGINAL CONTRACT. On the 12th of January, 1874, the original contract was trans- ferred by the Chicago Contracting Company, to Hon. Tljomas McGreovy, of Quebec, for a verj'' largo bonus over and above past expenditures ; it being distinctly understood at the time, (as I was subsequently informed by both parties,) that no change was to bo made in the Engineering organization, in consequence of this transfer. The transfer of the contract was afterwards duly recogniztd by the Railway Company ; and a supplemental contract was entered into with Mr. McUreevy, on the 2l8t of Fcbruarj'', 1873, in which was embodied the provisions of the " Railway Aid Act " ; which had, in the meantime, been enacted by the Provincial Goveriunent. The provisions of the "Act" above i-oferred to, changed the nature of the " Aid, granted to th'> road by the ProvinciaKJovern- menl. from a land to a money subsidy, to such an extent that the Board, through the recommendation of a Committee, consisting of the President, Col. AVm. Rhodes, Hon. George Irvine, Attorru-y- General, and Government Director, lion. P. .]. O. Chauveau, Government Director, the Mayor of Quebec, (Hon. P. Garneau), the Mayor of Three Rivers, (.Mr. Normand), Mr. Weston Hunt, City Director, and Mr. Andrew Thomson, Stock holders Director, unanimously agreed with the present Contractor upon a supple- mental contract, which provides for an expenditure on his part, of several hundred thousand dollars more than wiifi i:)rovided for iu the original contrHCi. It will be observed that the above named Committee consisted of a large majority of Government and City Directors. It will also be remembered that the expediency of providing for a higher class of road than, it had been claimed, by outside- parties, was contemplated by the original contract and specifi- cations, was fully discussed both in the Committee, and in the Board ; and that it was concluded that the " correspondence " above referred to, and then before the Board, had placed that matter upon a satisfactory basis. After placing the administration of his contract in the hands of his brother, the Hon. Thomas McGreevy left for Europe, on tho evening of the samo day, 2l8t February; and he returned to Quebec on 2nd of May following ; having, as he then informed me, and reported to the Company, completed all the financial arrangements necessary for a vigorous prosecution of the work. 12 REPORT OF THE CHIEF ENGINEER. The principal ovonts which have occured since the return of tho Contractor from Europe, are so frenh in the minds of most of the present Directors, that I deem it quite unnecessary to refer to them here, except to state generally, that the Engineering organi- zation had heen placed uj.on a basis barely sufficient to enable it to meet the requirements of re-tracing the entire line between (Quebec and Montreal, which had become totally obliterated since it was originally located ; and to make such changes in tho details of the former location as seemed expedient, both for tho good of tho work, and economy in construction ; and al^o, to lay out the work and su|:ervise the construction upon that portion of the line between Quebec and Three Rivers, upon which, only, the Contractor has com memced operations. The progress of the work upon this portion of tho line, up to tho close of the past working season, was duly reported to tho Board on Dec. 21st 1874, a cop}' of which report, together with a copy of a letter addressed to the Secretary, on the 12th Jan., 187.5, which has an important bearing upon this subject, are annexed hereto, marked " Appendix No. 2, Tlie onlers of the Engineer, respecting the execution of tho work have been complied with by the Contractor, as a general rule, the most important exception being with reference to tho ♦Ste. Annes River Bridge, the correspondence in relation to which is annexed hereto marked ^'Appendix No. 3." The earth-works have been commenced and carried on upon the theory of a not less than twelve feet width of road-bed, at tho base of the cross-tie, or superstructure of the track; and from fourteen to fifteen feet, according to height, nature of material, &c., at the base of the ballast, whenever in the opinion of the Engineer, the native material "is unsuitable for sustaining the permanent track." These works, however, were, as a general rule, left in a veiy rough and unfinished state, at tho close of the past working season ; very few of the excavations or embankments having been carried out to tho requisite widths, or brought to tho required top-grade or sub-grade line, as the case might be. The material in cuttings has also, in many cases, been tem- porarily thrown upon the sides, with a view hereaftorot hauling it into the adjacent banks, or using it for ballasting the track. In a contract of tho kind under which this road is being constructed, where the consideration named is a lump sum for tho final execution of the work in tho manner and within the time therein specified, it has not been assumed that the Engineer could consistently direct the order in which certain details of the work should be executed, unless in his opinion the present safety or future permanency of certain works or structures should require REVIEW OF PRINCIPAL EVENTS, drC 13 the exercise of this power, as for instance in the case which hrs iilready been referred to, of crib and pile fondations in deep water. The principal Contractor has therefore generally been allowed, through his sub-con tractoro and agents, to commence and carry on the work at his own discretion ; the Engineer in the mean time endeavoring to see that the work, when done, was properly done ; and also that the quantities returned for the monthly or progress estimates, were certified upon a proper basis to secure the ultimate compleiion of the work, in accordance with the terms of the contract, and the requirements of the rtpccirtcations. The masonry thus far constructed, consisting of one finished pier iat the Jacoucp-Cartier River, several unfinished bridge abut- ments, the commencement of two piers at the Port-Xeuf River, and several box culverts along the line, is all^rs^ class in charac- ter, for the purposes designated; and no question has thus fur been raised by the Contractor respecting the character of masonry required to be constructed, except in the case of one box culvert laid in cement, which the Contractor thought should have been laid dry ; and also as to whether a portion of the bridge masonry could not be laid in lime instead of hydraulic cement mortar, as specified in the contract. In fact tfeitt the Contractor succeeded in getting a small quantity 0^ lime mortar into the Jaeques-Cartier pier, during the absence of the Inspector upon an adjoining piece of work. Upon the matter being brought to my notice, after several courses of cement work had been laid ever the lime; and upon being assured, both by the Inspector and the Assistant and Resident Engineers, that the lime mortar had been used only in two or three courses, near the center or heart of the pier, I permitted the word to go forward. While speaking of this particular |)ier, it may be proper to ex- plain, that the thickness of 4 feet 6 inches at top mider the coping was originally designed for an abutment for the support of the Avestend of a single truss spanning the River; under which arran- gement it was designed to construct a few short spans of trestle work, to clear some mill races, and connect with the bank, above high water mark, upon the west side of the River ; but at the spe- cial request of the Contractor, an additional truss was afterwards substituted for the trestle work ; and as the masonry had been commenced, and as I had no doubt as to its requisite strength, I did not consider it worth while to change its dimensions. ■aii i IV. DIFFERENCES BETWEEN THE CONTRACTOR AND THE CHIEF ENGINEER RESPECTING THE TRUE INTENT AND MEANING OF THE CONTRACT. The Contractor has constantly and persistently insisted upon his right under the contract, to control the organization, appoint- ments, and salaries of the Engineering Start". And the Chief Engineer has with equal persistence resisted this construction of ^hc contract. An appeal to the Board of Directors however, lias resulted in a reluctant consent on the part of the Contractor to pay the Engi- neering expenses, up to the 1st of December last, since which time he has neglected or refused to pay these expenses, in conse- quence of which every one connected with the Start' is suftering from financial em harassment. This vexatious subject has given rise to an extensive corres- pondence between the Contractor and Chief Engineer ; and also to several communications from the Chief Engineer to tlio Railway Company, all of which are quite familiar to the Board of Directors, ancl therefore no further allusion need bo made to tlio subject hero, except porhaps to refer to a pamphlet, entitled " Vieicsof the Engineerm Chief ", dated July 16th 1874, and another entitled, " Review of Engineering expenses, past, present and prospective, by the Chief Engineer," dated February 2nd 1875, which are now in the hands of the Secretary. An extract from the last named pamphlet headed " Statement of Engineering expenses upon the Main Line, up to Dec. Ist 1874" is however annexed hereto for convenient reference, and marked " Appendix Jfo. 4." A very decided difference has also been found to exist between the views of the Contractor and the Chief Engineer, respecting the power of the Chief Engineer, subject to the approval of the Board, to change the line, grades and plans of the work ; ajul also the Schedules upon which the montnly estimates are based, during the construction of the road, without the consent of tlio Contractor. The views of the Chief Engineer upon this important subject, having been presented to the Board in printed form, under date of January 30th 1875, no further allusion will bo made to them in this place. The Contractor has also raised a question as to the binding force of " Circular No. 2," dated June 12th 1874, which was intendea to DIFFERENCES AS TO CONSTRUCTION OF CONTRACT. 15 moot in detail, cortnin roquiremerits of the general specifications respecting the character of the work ; but no controversy has yet arisen respecting the general character, or proper execution of the work therein referred to. The foregoing, I believe, coniprisos, substantially, all the ditt'e- rencesofa serious nature, which have arisen between the Con- tractor and the Chief Engineer, respecting the true construction of the contract, up to the present time. It is quite true that a voluminous, and I regret to say, some- what acrimonious correspondence has been carried on, during the jiast few months, betwocMi the Contractor and the Chief Engineer principally through the medium of the Company, respecting matters of a more personal nature than it would bo proper to treat of in this report. V. THE CLASS OF ROAD, ANB CHARACTER OF WORK ALREADY EXECUTED. DifforonceHof a voiy 80riou8 and cmbaraHHi'ng nature having anticn between the Provincial Government and the City Council of (Quebec, on the one part; and the Railway Company and the Chief Engineer on the other part, which i*' not removed or harmonized, must inevitably result, either in an entire suspenHion of the work, or in the negotiation of a now contract, it seems important that this branch of the subject should be considered with especial care and attention. With a view to a full understanding of the questions at issue, it will be advisable, to retrograde somewhat, in oi-der to see tlio relations which actually exist between the respective authorities above referred to, and the Railway Company. Reference has hereinbefore been made to a land and money grant, or subsidy, given by the Provincial Government in aid of the road, by virtue of which the Government appoints six of tlio eighteen members of the Board of Directors of the Railway Com- pany ; and reference has also been made to a subscription to the Capital Stock of the Company, in the City Council of Quebec, by virtue of which the City is represented in the Board by four Directors; thus giving the Government and the City a joint majority oi' three votes upon any question or division that may bo brought before the Board. The act of December 24th 1870, granting lands by the Govern- ment in aid of the road ; povides that these lands shall be so granted when : " The said railway shall have been completed and j)ut in operation to the entire satisfaction of the Lieutenant Governor in Council." "The Quebec Railway Aid Act" of 1874, " provides, that the pubsidy or loan of one million two hundred and forty-eight thou- sand, six hundred and thirty-four dollars, shall be granted upon the condition that : " The main line of said railway shall bo a first-class road, and 8hall have been accepted as such by the Lieutenant-Governor in Council, on the report of the provincial railway board. " The same act also provides that : " Notwithstanding anything to the contrary contained in this act, it shall be lawful for the Lieutenant-Governor in Council, on satisfactory proof that the Montreal Northern Colonization Railway Company, or the North Sliore Railway Company, have raado complete financial arrangements, or entered into contracts in good CLASS OF ROAD ALREADY EXECUTED. n faith, for tlio coriHlniotlon of tho'w rospoctivo linos of road, nixi tliiit tlio worU tlu'iToii iw in aclivu progress, to mlvaiice, from tiniu to liniu, unto citlicr or belli of ttucli railway companies, out ol till' ^rant or loan, to which they would ho entitloii nndor this net, a ."nm hoaring Mich jtrojiortion to the total amount ot the ^rant authorized lierein, as the jtro^ress of the work, and tlio hccurily taken hy the Comjianies, for the conijiletioii thereof, may tlien seem to the Jjentcnant (iovernor in ('ouncil to jiisiijy. " Olio of the original conditions upon which the City Couiieil of (Quebec agreed to aid the eompaii}' is as follows : *' 4. The Corporation hhull issue liieir capital accordinays : " The works generally are well done, with some exceptions, afterwards mentioned, and in accordance witli the specilicutions. and progressing in a satisfactory manner. " " The question whether the works a*e sul)stan(ial and perma- nent in character m alt res};ects,i:i\n bo answei-ed in the offinnatirr, witli two exceptions, viz: the earth works constituting the road- bed are insufficient, although in accordance with tlie profiles." " 77«e ///<^/>>ja^i!0« of the gradients is generally all that can liu desired, hut thev are laid too lon\" In is i-econd leport dated .January 12th !875, more than six weeks after the date of his first repoi-t, the Government Engi- neer, without having made any subse,^ % 22 REPORT OF THE CHIEF ENGINEER, i:l Mr. Shanley, altlioiigh urgently requested to do so, both l>y letter and telegraph, fult obliged to decline the service, on accomit of other and more pressing engagements. Mr. Fleming at tirst i-equesfed that tl)c case should be bi-ouglit to him at Ottawa. But after the final declension of Mr. Shiiuly ; and upon being further urged, he consented to come to Quelioc, without however having received the least intimation as to what he was coming to (^uebee for. Upon reaching Quebec and learning the state of tho case, Mr. Fleming di covered that he had previously formed nnd exiiresstfl a very decided o})inioi), a printed copy of which was now iu ))os- session of the Company, u])on several of the most impoi-tant ([iies- tions that were to be submitted to him ; and he therefore x.-rv pr')j)erly and honorableyinfoimed the Board, that he could uot act in the matter unless with the full consent of the C'-ief Eiii;i- neer, whose opinion as to the character of work called for uikU-i" the existing contract and specifications, he had already fourd to differ so ei tirely from his own. The Chief Engineer was immediately called before the Board and again aske(l, what he vas going to ti/o about it ? Feeling (|uite satisfied in his own mind, that the work alreu ly done upon the road, was fully up to the required standard ; and believing also that the contract and s])ecificalions, as ani]>litie(l and ex]ilained by "Circular No. 2, " which had not been exaniineil by Mr. Fleming ; but which had been prepared in ]mrsuan(c of the powers which Mr. Fleming had previouslj'^ decided were dcde- gat( d to the Kngineer nnder the Contract, would effecually meet and cover the objections which he had ])reviously raised respeetinu' the future class of the road, as well as his assumed vagueness and ambiguity of the specifications ; therefore, after a full and explieit understanding with the Board of Directors, to the effect that Mr. Fleming's ()]iinions upon the various matters to be submitted to him, would l)i' regarded as onh/ ndcisori/, so far as they related to the subject n])on whicii he was already committed ; and also that the. Board in taking final action, would give due consideration to the faci of 1ms having so committed himself; and also to the fact tliar, Mr. Flemings previous practice had differed so widoly in many respects from that of the Chief Engineer ; feeling also quite unwilling to assume the responsibility which had been placed upon his shoulders, bj' the action of Mr. Fleming, in creating further delav in the decision of matters which were of the most pressing im))ortanco to the Railway Company, whose servant he is, the Chief Engineer felt impelled to give his full consent thnt Mr. Fleming should enter upon and perform the very responsible duties which had been nfsigned to him. Mr. Fleming entered upon his duties at once, and collected all the information he could here, during the two days which he had allowed to himself for that purpose, after which he returned to Ottawa, and prepared his report. -i* i THE PRESENT SITUATION. 23 Mr. Fleming's reporl, dated February 10, 18T5, has now been lofore ihe Company and the Governniont ^^evel•al weeks, and no decision has yet been reached as to uhat (cill be done about it. lie decides every question at issue between the Contractor and tlie Chiet Engineer, herein before referred to, in accordance with the views always entertained and submitted to tiie Company by the Chief Engineer, except as to the binding force of ''Circular Xo. 2," in regard to which ho saj's : " I have (jrace donbta as to some matters therein referred to, being fully authorized by the conttact," His views respecting tiie c^rt^N or character of road, called for inider the contract and specifications, remains unchanged. In lela- tion to this matt r he concludes by. saying : '' 1 am decidely of opinion thai the expression. First class Eailiraij, is not in harmony with the terms of the general speciri- oations. I have already* expressed my opinion on this cjuestion in letters dated June 11, 1873, and .June 23, 1873, addrcsstMl to the Chief Engineer, appended hereto; and I have no reason to alter the views then formed." As to the proper width of earth-works he saN's : '' The general specifications give 12 feet as the width of road- bed. The amended specifications (Circular No. 2) give 15 feet. The minimum width ordinairly adopted on Canadian Railways, has heretofore been 18 feet, and this bas been found barely sutti- cient. 1 am j-cj-fectly well satisfied that much less than 11 feet in the present case, would not bo found to give pernianent satis- faction." With refeience tolho elevation of the top-rail line he sa_ys : "'it is lor long stretches, tco low to obviate the climatic ditticulties al- luded to, and which are met with in this section of the country." With referi'iice to the plans of artificial foundations, and stone ]>iers, he s;iys : " This is a matter of opinion in which Kngineors may honestly (litter ; setting aside my own preference, i have no hesitation in f-aying that, under certain circumstances the ])lans of artificial foundations, with sonie modifications, might be advantageously adopted." " With reference to the stone ])iers, in my own ju-actice 1 cer- tainly would have made them heavier than shown on the jdans referred to." With refei-ence to the powei of the Engineer to change the plans, profiles, specifications etc., during construction Mr. Fleming- bays : " Should the Contractor act on the plans profiles and specifica- tions put in his hands, and make expenditure in preparing mate- rial, or in doing work in connection therewith, which would be useless in whole or in part, in carrying out the altered plans etc., the Contractor should be indemnified for loss so sustained. The Com- m ■ 'h it 1! 24 EErORT OF THE CHIEF EXGINEER. i ])aiiy liowcvcr sliouldl)jive llio power (as nircad}- expressed in repi}' to No. 8), ihromjh the Enive. if not mere so, than tluit >f Air. Fleming ; and whose opinions in mattei-s of this kind would, under all the circumstances connected with this parti, ular ca!-o. be entitled to have even more weight and influence, both with tlie Govern inenf, and the liailway Company, Xhnw tho.-e of Mr. Fleming, 1 took the liberty, upon my own res2)0ll^ibility, ofiigain opening a coi'respondence with liim upon the subject, which J am hapin- to say has elicited from him a very clearly e.spressed opinion upon all the ])oints submitted to Mr. Fleming. The correspondence will be found annexed hereto, and marked Appendix No. 5. 1 would respectfully invite the particular attention of theEoiird of J)irectors, and all other parties interested in this road, as well as in the public improvements of Canada generally, to the very able, lucid, and comprehnsive views contained in Mr. Shanly's letter, not only ujion the particular question submitted to him, but to a general public |)olicy respecting the prosecution of public works. Believing that Mr. Shanly's position before the country as an able and experienced Engineer ; and enlightened, public s])iriiod and progressive citiien of the Province of Quebec, and tlie Domi- nion of Canada ; and also as a gentleman of ineprochable character and reputation, are such as will command for his opi- nions the attention to which they are so justly entitled, 1 will make no further reference to thorn here, as affecting the quebtions now under discussion, except to remark that he fully sustains every position which the Chief Engineei- has heretofore, and at all times taken, with reference to the proper construction to be placed upon the present contract and specifications, and their sufficiency, if jiroperly administered by the Engineer, and faithfully executed hy the Contractor, to secure the construction of a first class Rail- way. THE PRESENT SITUATION. 25 I CHTi but regard it as exceedingly unfortunate, that the Govern- ment failed in securing Mr. Slianly's services as " Inspecting Engineer; " and this having failed, tliat the Jhiihvay Company did not succeed in securing his services as " Advisoiy Engineer " in the present important crisis of its affairs. If the first result had been secured, tlie ewernency requiring an •' Advisoiy Engineer " would evidently never have occurred ; and this emei'gency liaving occurred, if the second result had been secured, it is equally evident that the differences between tho piesent conflicting interests would long eio this, have been fully harmonized ; and that all parties would now have been working heartily together, under the ]n'o>eiit conti-act, for the speedy com- jilction of the North Shore Railway. Entertaining as I do, a very high regard for Mr. Fleming, both as a bi'i>ther Engineer, and also as a gentleman ; and feeling a sincere desire to place him in a ])Osition where ho could coii!>iiit- enlhj re-consider or modify liis views to some extent, upon certain points ; and thus secure to llie Conipaii}- the jiowerfiil aid of his name and influence, in the midst of its ))resent difficulties, 1 took, perhaps the xnuc arrant able, liberty of oj)ening a further correspon- dence with him, U|)on two of the subjects treated ol' in his report; and of ]»lacing before him some views of my own relating tlu-roto, which had be n omitted fmm the statements previously, and at his own request, ])laced in his hands But lio has thought ])roper to decline my overtures; and to I'est liis case upon the report which he had previously submitted to the Company. From the tone of ilr. Fleming's reply to my letter, I apjtrehend that ihc understanding between the ]J(janl and myself,witli reference to the biniUmi effect of hi^ opinion upon certain points, could not have been explained to him ; and also, that the reply of the l*ivsident of the Company to the telegram referred to in Mr. Flemings letter, (which however I have not seen) n ay have impressed him witli the idea that the President did not desire to have the question re-opened. The further corres])ondanco with ^Fr. Fleming will be found annexed hereto, marked " Appendix I^o. 6. " I have also felt exceedingly anxious, as stated in a commiini- cntion dated Jan}'. 30, 1875. to ascertain the legal construction that tho Alt(>rtieys of the Comijany would jdace u]>on certain l»rovisions of the contract. With this object in view, I took tho liberty on the 25th Feby. last, to enclose to tho Secretary some legal points, and to request him to procure such opinion; which correspondence is also annexed, marked '■'^ Appendix No. 7. " From the opinions therein cxpros-cd it appears, that in a legal point of view, both contract and specifications bind the Contractor il 26 EEPORT OF THE CHIEF ENGINEER. to build a first class Railway ; that tlio Engineer in Chief la delegated with ail the powers required to enforce complianco with this conditiou of the contract ; and the views of the Kn- gineer in Chief as to the interpretation to be given, as well to the clauses of the specifications relating to dimenwions of road bed ; and to his right to issue and enforce the provisions and directions relating thereto, contained in "Circular No. 2 ; " and to all other points covered by the opinion above mentioned, aro correct. VII. WHAT ALL PARTIES CONCERNED " SHOULD DO ABOUT IT." \st. As to the Provincial Government and the City of Quebec. It has been deinotiHtrated ; tliat when the original oontracl and specifications for tlio constrnction and equipment of the Railway -were entered into, the Government and tlie City were represented in the Board of Directors of the said Company by four members each. That the Board so composed, subsequently approved of the line and grades of said Railway. That the question as to tlie snlli- ciency of the specifications to meet the condition that the Railway should he Jirst-c/afS, came before the Board in July 1873, when, in compliance with a Resolution of the Board, theChief Engineer sub- mitted to the President of the Companj', a pamphlet containing the "Opinions of several Engineers respecting the Specifications." That subsequently, the Provincial Parliament pashcd thn "Quebec Railway Aid Act." in which it was provided among other things, that the Government Directors in the Board should be increased to six. That subsequent to the passing of this act, a su])plemental contract was entered into with the present Contractor, which supplemental contract was based entirely upon the original con- tract and specifications ; and was entered into by the Board so composed, after the question as to the suflBciency of the specifica- tions had been duly brought under the notice of the Board, both at the time of, and subsequent to the execution of the original contract. That since said contracts have been entered into, the manner in which advances were to be made by the Provincial Government and the City of Quebec, in aid of the Companj'^, has been changed as hereinbefore recited, with a view of facilitating ii speedy construction of the Railway, under the existing contract and specifications. That the Government and the City have each paid a large amount upon the estimates of the Chief Engineer of the Railway Company, which estimates were based entirely upon said origi- nal and supplemental contracts. That the Provincial Government and the City Council h.avo failed or neglected to appoint any Engineers, either to examine the line, grades, or plans of structures adopted by the Railway Company ; or to inspect the work executed in accordance there- with; or to certify to the amount expended thereupon, until after the close of the past working season, when nearly a half million dollars had been in good faith expended upon the road ; although frequently and urgently requested, by the Chief Engineer and m ii I i It r. -If;; i % *4i 28 REPORT OF THE CHIEF ENOINISER. i i ^ ! I 1 I I other ofliccrs of tho Ilailwuy Company, to make such appoint- ments. In view of the foregoing fncis, it appears quite evident, that tho (rovcrtinient and the (Jity art' each pledged hy their previous acts and uniU'rtaking.", tot^taiid liy the present contract in good faith; and to carry out all of its j)rovisions in their integrity ; and that the (iovernrnent is precluded from raising any furtlicr (piostions as to the cliaractcr and sut!icieticy of tlio work jnovidcd for liv the existing contract and speeitications, until sucli time as it i.t fully completed, and reported upon by the " Pi-ovincial Railway Board," as provided for in section IG of the " (^uobee Jlailway Aid Act of 1874. " AVhen it is considered, that by tho terms of the act of 1870, granting lands in aid of the Company, the Government has power to withhold these valuable timber lands, now amounting to 1,140,875 acres, until: "The said Kailway sliall have boon completed and put in operation to the entire satisfaction of the Lieutenant-Governor in Council," it is difficult to see what better socurit}' the Government could hold, for tlio taitliful pei-fornianoe of all obligations imposed upon, and assumed by the Uuilvvay Company. And even had Government no such security, it is manifest from the reports, correspondence, &c., referred to herein and appended hereto, that the icork being done, and for which the contract and specifications provide, are iuch as will meet the requirement that the road shall be first class. The height of grades, a difficulty of easy solution, being perhaps the only one objected to by the Government Engineer, which is not fully and satisfactorily answered thereby. 2nd. As to the Railway Company. In view of the fncts and considerations heretofore referred to, as being of binding force and effect upon tho Provincial Govern- ment, and the City of Quebec ; and of the further fact, that all the foregoing considerations were duly brought to the notice of the Board of Directors at, and before the time of the execution of tho existing original and supplemental contracts for the con- struction and equipment of tho Eailway ; and have also had their duo weight and influence in the subsequent expenditures upon the road, it would certainly appear that the Eailway Company should, in good faith to all parties concerned, stand by and uphold tho existing contract in its integrity ; holding tho contractor to a strict gompliance with all its provisions, both as to the manner, and time in which the road shall bo constructed ; until it shall have been clearly demonstrated that the character of tho work, and the materials therein provided for, are not such as are required WHAT ALL PARTIES SHOULD DO ABOUT IT. 29 by its act of incorporation, and tlio subsequent enactments under wliich it is to rocoivo aid from the Provincial Government and the City of Quebec. Altbougli tbo recent Itoport of Mr. Sandford Flemini^ seems to have bt>et) generally regarded as a revelationor disc-ovory, of equal, and perbaps greater importance and magnitude iban the one pre- viously made by the Government Engineer ; yet I have been totally unable to discover, that further than U> fitth/ sii!l tlu' '■ ypecitications for the Main Line/' which jirovides that " njthing siiperjluoiis will be i-equired," &c. In considei'ation of tlie of excavations; and by tho character of nuitorial and depth of cut. 5. I consider tho " McCallnm patent inflexible arched truss railroad bridge" to bo the best in use. The " Howe truss" is tho next b')st ; oitlier are good enough for any ordinary purj)oso. 1 have never been in favor of iron bridges f(>r railroads. ti. A locomotive witli five feet drivers, cylinders sixteen by Ivvcnty-fiMir inches, and weighing from twenty eight to thirty tons, is tho best for ordinary work on ordinary grades. If you wish to transport extraord'naiy loads on high grades, you must increase tho power and weight or adhesion proportionally. 7. I think that, as a general ride, and ^^ith ordinary'- use, tl rails and rolling stock of a railroad de])rcciato about tifteen per cent, per annum ; and, with roference to ditt'oront velocities, that they deteriorate in the ratio of the increase of speed; that is, tho wear and tear is twice as great at a speed of twenty miles ])cr hour than at ten, and so on to any reasonable limit. The foregoing, I believe, covers substantially all the points specified in your letter. Tho viewi* upon them are expressed hastily, and without resoi*t to calculations or statistics. In conclusion, I desire to cxj^ross my entire confidence in tho disinterestedness of the motives of yourself and tho other officers who are associated with you on the part of the government, in connexion with this groat national enterprise, in whatever you may do to elevate and establish tho standard of tho work. In doing this within reasonable and proper limits, you will always have my he rty co-operation and support. I desire also to express the hoj that you will not lose sight of the other great idea, that all these things are, or should bo, subor- dinate to the vigorous prosecution and speedy completion of tho road. Whatever you may do to facilitate this result will be regarded as a great public benefit. I am Colonel, very respectfully, Your obedient sei'vant, Colon'el J. II. Simpson, U. S. Engineer, Washington, D. C. S. SEYMOUR. APPENDIX No. 1. 9 for Tho Government Eoard finally adopted »ho following standard EiMBANKMENTS AND EXCAVATIONS. " Tn all partH of the main lino of road or branches, emhank- mentH hhoiild not be Ivsa than fourteen feet wido at the grade lino. ExcavationH, ifthoeuts are lengthy, whoiild bo twonty-Mix foot wide, and in shorter cuts at least twenty-four feet ; thus leaving in all cases room for continuous side ditches of ttm]»lo depth and width, wo as to Hocuro that most oosential reqalBite, a well drained Hoad-bed. " The width of fourteen feet, above referred to, was urderstood to be the width of embankment required at the base of the ballast, aa exj)resHed in Mr. AVilliam's letter ; and the road was so constructed. In regard to the character of the masonry requiied ujxm the Union Pacific Eailway, the ditt'erent Engineers consulted, gene- rally express no o])iiiions as to details, but unite in lecommending stone .stmctvres instead of wood, Avherevor good stone can bo obtained at a reasonable cost. Tho following is quoted, hoAvevcr, as exj)rcssing the views of a gentleman, who is now regarded .'is the best authority in tho United States, upon the subject of Masonry, he having ])re|,ared the plans and specitications for tho "Washington Aiiueduct ; " and also of the " Capital Extension," at Washington, I). C. General M. C. Meigs, U. S. Ewjineers ofWashiiujion, I). C, says : "Tho experience of the Eiench Engineers has shown that it is not necessary, in order to build stone arched bridges of consi- derable span, to use expensive cut stone masonry. There are arches of 90 feet span, and even longei*, built of brick and rubble masonry, which stand secure. There is no difficulty with a sound, strong stone, Lreaking into reasonably good shapes, in constructing a stone bridge with arches of 120 feet span, enti- rely oi' rubble masonry laid in a strong cement mortar." • Inasmuch as the entire report of the Government Board, may bo regarded as expressive of the highest authority in the United States, as to what should constitute u ^^ first class Railway " it is given entire as follows : Washington, February 5, 1866. " Tho fourth and last meeting of tho Board was held at 11 A. M. After it had been called to order tho minutes of the previous meeting were read. General Curtis, as Chairman of the business committee, read its report as amended at the previous meeting. Mr. Williams suggested that the paragraph relating to sawed ties be amended to read, " If sawed, they should not be less than IBDIH 10 APPENDIX No. 1. eight inches wide, and not less than 2,-100 per mile, or 8uch numbei' as will hjivo Iho same I earing surface, ])rovided that if any sawed ties have been already deiiverctl or contracted for, only bovou inches wide, they ni!>y L*; laid dowMi. '' On motion of jMr. Wiiite, the amendment w;is adopted unaiii- mously. At tl:e suggestion of Mr. ITarbangli, nnd on motion of Mr. Williams, the following addition was made to IJie report: " Whe- rever cattle-guards and I'oad-crossings are necessary they should be niade. " On motion of Mr. Sherman, tlie report of Business Commilteo, as tinally amended, V/as then adopted unanimously by the Board. Report ov Businkss Committke. Your Committee, towliom wei-e referred various communications of ex])erienced !uid sciontitic Kiiginocrs concerning a >-uitable stan- dard fai- the work on the Pacilie Jiailroadand it several branches, jind to whom was also assigned tho duty of nrcsenling to the Board proper h^ultjects for its consideration, a- contemplated \)y the cull of the Honorable the Secretary of the Interior, have the lionor to present iho following report : The various locations through which the Pacitic Eailroad and its branches are destined to run, oecu])y such a variety of country as to render a specific stj'le of work suited to all localities extremely difficult. Tho to]togi'aphiC!il features of the surface, the groat variety of soils and lower strata of tho earth, the singular variety of climate as to cold, heat, ar.d wet and ciry, all have to be consi- dered in determining details of location, material, and form of the Avork. It Avas, ]n\>bably. because (f these diffi^-idties, tho laws of congress authorizing the consti'uction, give only general oi* very meagre specilications as to the details of the Pacitic railroad. But your committee, alter availing themselves of the views expressed by the several I^ngineers to which they have referred, and in contemplation of the reasonai)Io conslriiction of the law of congress, recommend to the boa d thc^ adopting of the following go'ieral rules as those which should govern all ])arties engaged in directing, constructing, or accepting tho work : Everv step taken in tho woi'k, and es]ieciaily in tho location ()f lines and grades, should be adapted to ultimate j)erfection, whatever may bo immediate interests or necessities, so as to secure to tho nation a grand and complete structure, every way worthy of our country, and honorable to tho distinguished men who involve their cai)itai and energies in so vast an enterprise. Location. '' Great care ;ihculd bo observed in the determination of the j!;oneral vnd detailed location cf the niain-lino and branches, so as APPENDIX No. 1. n to secure tho shortest lines consistent with economical grades to the most desirable passes of the mountain ranges. The law names but few points ; still it is clearly th'^ interest of the Government and not prejudical to tho companies, to determine such points as a great general lino should have so as to unite, as far a possible, all the great ultimate purposes of a central and convenient channel for the commerce of nations tliat is likely to traverse the road. With this general view of the work, cai'oiul and extended sur- veys should be made and well considered." Grades and Curves, '' While the law makes the grades and curves adopted on the Baltimore and Ohio railroad a standard, this is onl^' to be con- sidered as a limit to bo adopted in mountain districts. To intro- duce grades of IIG feet per mile, or curves as shai-p as 400 feet radius, on othor parts oftheioad, M'ould manifestly violate tho spirit and intent of the law. Grades and curves should bo settled upon princi])les of true economy and adajitation, leased upon careful scientific and practical investigati(yns, having due regard both to cost of construction and future working of the road. It is safe to say, in advance, that on the IMatte and Kansas Valleys, anu on similar smooth valleys or level plains, no grade should exceed thirty feet elevation per mile." Embankments and Excavations. "In all parts of the main line of road or bianches, embankment should not be less than fourteen feet wide at the grade lino. Ex- cavations, if tho cuts are lengthy, should be twenty-six feet wide, and in .shoiter cuts at least twenty-four feet ; thus leaving in all cases room for continuous side ditches of ample depth and width, BO as to secure that most essential requisite, a well drained road- bod. Kocic excavai,ions should be not less than sixteen I'eet wide, and all tunnels should bo excavated for a double tnick. Slopes of earth embankments should be one and a half base to ono rise. Excavation^', except in roek, should have slojjcs fi-om one to ono and a half base to one rise, depending upon tho material; or if steeper, then to have increased width at grade, so as to remove the ^5ame quantity of earth contained within tho slopes." Mechanical Structures. •''Culverts and abutments for bridges and drains should bo of stone, whenever v durable article can bo obtained within a reason- able distance, say from five to eight miles, depending upon cir- cumstances ; provided that temporary trestles may bo adopted upon assurances, to tho satisfautioa of the Commissioners, that i I 12 APPENDIX No. 1. stone abutments will be substituted immediately after the line shall bo ojjened, so that stone can be transported thereon. But if good stone bo too remote, then liardburned brick or wooden tro8tlo work may be adopted. The wood to be of the most durable cha- racter the country will affoj'd ; anil the wood or brick to be replaced by stone when that material can bo conveyed conve- niently by rail. Bridges of stone, or iron or wood, (such as Howe truss, or other equally good structure) si .Jd be used at the dis- cretion of the company." Ballasting. '•A railroad cannot be considered complete until it is well ballasted. If composed of gravel or broken stone it should be from 12 to 24 inches thick, dojiending on the lower material. In view of the settling of new embankments, Which require time and rains before ballasting can be properly placed, and also in view of the number of miles required by the law to be constructed tin- nually, the pei-fect finish of the road-bed in this respect must be progressive and the work of time. Yet it is the ojiinion of tlio board that such work of perfecting the ballast must proceed as usual on first-class railroads; othervise subsequent sections should not be accepted, because the whole work is not then being carried forward as a Great Pacific Eailroad, such as the law contem- plates." Cross-ties. " Oak or other suitable timber should be used, where it can bo obtained with reasonable transportation. When such timber cannot be had for all the ties at reasonable cost, then the best the country attbrds may be adopted ; but it it be Cottonwood, or similar .?oft matei'ial, it must be Burnettized or Kyanized thoroughly so as to increase its durability. But it all cases the joint tie should be of oak, or other suitable timber, the better to hold the spikes at these jioints. Thei-e should be at least 2,400 ties to the mile. They should be eight feet long, six inches thick, and, if hewn, six inches on the face. If sawed, they should not bo less than eight inches wide and not less than 2,400 per mile, or such number as will have the same bearing surface, ])rovidcd that if any sawed ties have been already delivcied or contracted for only sevon inches wide, they may he laid down." Bails. " These are to be of American iron, as required by law, of the best quality, and should weigh sixty pounds to the yard. But in consideration of the great cost of transportation from the present APPENDIX No. 1. 13 location of rolling mills to tho remote sections of this road, iron may be adopted which weighs only fifty-six pounds to the yard. In mountain districts, however, where heavier engines will be used, not less than sixty-pound rails should be adopted ; provided that if any of the companies have on hand or in transitu, or con- tracted for, any rails of different weight from that herein specified, and not under fifty ])ounds per yard, such rails may be used. The rails should be attached to each tie bj* spikes driven on both sides of tho rail. As the nearest approximation to a continous rail, the po-called fish-joint is jDrcferi-ed and recommended ; but if found that it will retard tho progress of the work, the common American wrought iron, chair may be used." Sidings. "The length of side tracks should be at least six percent, of tho line completed, to be increased as the number f»f passing trains shall demand. Side tracks should also be laid eight ll'ot apart in tho clear between the rails, crossings are necessary they should be made." Whoi'over cattle guards and road- EoLLiNG Stock. " Locomotive engines and cars must bo provided in liberal pro- portion to the tratfic and the convenient construction, to be increased from time to time as the completion of additional sections and the increase of business seem to require." Buildings. :;3 If I'il'!: "Engine-houses, repair shops, and station buildings should bo adapted to tho wants of tho service. At tho opening of business, the extent and capacity' of buildings may be only such as to provide liberally for the existing roiling stock and the business of the road, and such ])rol)ablo early increase as may seem likely ; yet the plans in all cases, both as to the buildings and grounds, should be arranged for jtrospcctive enlarge- mer.ts and extensions equal to any future business of the road, the buildings at first erected forming appropriate parts of a complete and sj'stematic whole. Engine houses and repair shops at the ])rinci]>al stations must in all cases be of stone or brick, with good stone foundations. The covering should be slate or metallic, to guard as far as possible against fire. W''er stations should be erected at convenient distances to suit the wants of the trains. Extensive and convenient locations of ground should be pro- cured to accommodate a future large business, and tho proper 14 APPENDIX No. 1. titles should be carefully secured. All this is the more desirable, as lands are now easily obtained at moderate prices. In these speeitications it is believed that nothing is required which may not be regsirded as essential to a commodious and complete railroad. Nothing is proposed to retard the progress of the companies. The importance and public desire for accelerated movement have been fully appreciated, and the board earnestly desires to favor and foster the energy and fidelity which now seems to animate those engaged in the construction. But while guarding against delay on one hand, the public interests roqiiire, on the other, a substantial and complete work, and the highest perfection of track reasonably attainable on a new road is expected and projected as the standard to which the workmen are o arrive. The argument in favor of speedy construction must be subordinate to the substantial objects of the road, and the government must be certain to have a work that will convey her mails, troops, and munitions of war, and commerce of the country with entire cor tainty, celerity, and conveniunce. It is the aim of this board to secure all these objects, and it is also our belief that they are not incom))atiblo it being only necessary on the part of the govern- ment to insist upon the reasonable requirements embodied in this report to hasten the completion of the great work, and at tlio same time adapt it to tho high public interest which it is intended to subserve." The question having been raised as to whether the " General Specifications" for tho main line of the North Shore Eailway, are suflicient to secure the construction of a First Class liaihcaij, according to the general acceptation of that term ; mo.o parti- cularly m regard to the width of earth loorks, and the character of masonry, the following extracts from the specifications under which the " New-York and Erie," and the " Chicago and North Western liailways" were constructed, both of which are regarded in the United States as First Class llaihoays; and also a quota- tion from the spcciticatious for the " Montreal Northern Coloniza- tion ilailwa}'," are given for the purj)oso of comparison with the specification for the same work upon the " North Shore Railway." New- York and Erie Eailway (6 feet gauge). Extracts from the Specifications. " The work shall be executed under tho direction and con- stant supervision of the Engineer of the Company, by whose mea- Buremonts and calculations, the quantities and amounts of the several kinds of work performed under this contract shall be determined, and whose determination shall be conclusive upon the APPENDIX No. 1. 15 parties, and who shall have full power to reject or condemn all work or materials which in his opinion do not fully conform to the spirit of this agreement, and shall decide every questtion which can or may arl.-e between the parties relative to the exe- cution thereof, and his decision shall be final, and binding upon both parties. Grading. " Where the road is graded for a single track, it will generally be fourtoeen feet wide at grade on embankments, twenty feet in thorough cuts, and seventeen feet in side-cuts. The side-ditches which are included in the above widths, will be four feet wide at grade. The double track will usually be twenty-six feet wide on embankments, thirty-two feet in thorough cuts, and twenty-nine feet in side-cuts. The slopes of earth excavation will usually be one and a half to one, but will vary from this according lo circum- stance, at the discretion of the Engineer In rock cuttings they will vary according to circumstanoos, Iteing generally four inches horizontal to one foot vei'tical. When the excavations are in clay, or other material unsui'able for the road-bed, the contractor shall, when required by the Engineer, excavate to such a depth below grade as the Engineer shall direct, and shall fill the spjice so made with good clean gravel oi- other suitable material. C\ciy en "nnk- ments are in like manner to be covered with one foot of good gravel. Ilock excavations are to be made one foot six niches below grade, snd the space re-filled with gravel. The materials conijiosing the embankment must be approved of by the Engineer, and in places where the natural surface of the ground upon which the embankment is to rest is covered with vegetable matter, which would in the opinion of the Engineer impair the work, the same shall be removed to his entire satis- faction. Besides the ditches named above, ditches shall be made when required by the Engineer, leading to a? d from the works of drai- nage of the road ; also excavations for turning, or making of watercourses and roads, all of which shall be done according to the direction of the Engineer. All materials found in the road-bed, side ditches, or borrowing pits, must be moved in such manner, and deposited in such places as the Engineer may direct. In cases where the excavations of ordinary width are insuificicnt to form the contiguous embank- ments, the deficiency shall be suppliod by widening the cuts, or from the sides of the road, or from borrowing pits. All borrowing pits shall, if required by the Engineer, be dressed to a good shape, and properly drained. (i 1 ll I . B \ ! J I 16 APPENDIX No. 1. Masonry. "The different varieties of stone-work, comprising slope and retaining walls, square or box culverts, arch culverts, and bridge abutments and piers, must be excuted in a skillful and workman- like manner, after the general plan of alternate headers and stretchers, and must be composed of durable and well shaped stones, adapted to the formation of the different structures. The end walls of box culverts must be neatly hammer dressed, and laid in courses not less than six inches in thickness. The coping on the | arapets to be handsomely dressed, and brought to a close vertical joint, to extend at least eighteen inches fi'om the face. The arch culverts are to be well laid throughout in mortar, formed of hydraulic lime, unless otherwise dii-ected. The dimen- sions of the arch stone to bo such as to extend through the entire thickness of the arch, to be placed perpendicular to the curve of the same, and to be well and closely fitted. The outer, or ring stone of the arch, to be as nearly uniform in thickness as possible, and lo be neatly dressed with a bush-hammer and chisel, and to bo well bonded with the contiguous arch stone, breaking joints at least eight inches. The side, end, and wing walls, are to be formed of well shaped stones of the propor thickness, the beds to be pointed down, so as to give an even bearing ; to be hammer- dressed on their exterior faces, and the wings and parapets to be surmounted with a coping of broad, flat stone, of at least six inches in thickness, neatly dressed, and brought to a close vertical joint. The coping and ring-stone, as also the arch and cap stone, to bo included in the estimate, with the other masonry, without extra charge. The bridge abutments and piers, to be formed of sound, durable, and well-shaped stones, of the propor thickness. The end joints to be dressed back close, for a distance of at least eight inches from the face of the wall. The beds must be pointed down, eo as to give a tirm and evon bearing over tho whole surftice of the stone, and must be brought to half inch joints, both vertically flnd horizontally. The face of tho work to be rock-dressed with cut quoins. The whole to be well laid in full mortar, composed of hydraulic cement, the general proportions of which will be one part of lime, to two of sand, which must be thoroughly mixed upon a platform of boards, and applied to the work within the proper time for rendering tho adhesion and solidification most ])erfect. Eetaining Walls will vary in dimensions, according to circum- stances ; ordinarily, they will bo two feet six inches thick on top, and have a slope or batter on the face, of one-tenth horizontal, to one foot vertical. The walls will be sunk to such a depth as is necessary to secure a solid and permanent foundation. The stone APPENDIX No. 1. 17 used in the walls must be of a firm and durable character, well- shaped, and of sufficient size to ensure stability. The^o wallH must be so constructed, as to form a complete bond throughout their entire thickness, and neatly coped with flat stones two feet wide, and as long* and heavy as the quarries will furnish. Slope Walls will vary in thickness from one to three feet, and in slope from one to one, to one and a half to one, as the Engineer may direct. Where these walls are founded in water, Rip- Rap foundations will be made of large stone and brush laid in alternates courses, so as to form a bond. By the term Rip- Rap, is meant, piles of rough stone, not dressed nor placed in a regular wall, but handled and disposed of by laborers, to suit the purposes intended ; such for instance, as jtiotection to banks, blind drains, foundations to ma-onry, &c. The details of the character, proportions, and dimensions of the work, will be represented upon the plans ; and all necessary information in relation to the preparation of foundations, manner and time of doing the work, &c., will hi communicated by the Engineer as cii'cumstances may rcquiie." Chicago and North Western Railway (4 foot 8^ in gauge). Extracts from the Specifications. " That said work shall, in all particulars, be made to confoi-m to the plans, specititations and directions of the Chief Engineer, and the Engineer in charge of the work, by whose measurements and calculations the quantities and amounts of the several kindn of work perfomed under this contract shall be determined, and who shall have full power to reject and condemn all work or materials which, in his opinion, do not conform to the spirit of this agreement, and shall decide every question which may or can arise between the parties, relative to the execution thereof, and his decision shall be conclusive and binding upon both parties hereto." Graduation. "The width of the road-bed at the grade lino will bo from twelve to lifteen feet on embankments, and from eighteen to twenty feet in excavation, including ditches, but may bo varied, as may the width and depth of the ditches, according to cii'cums- tances, and at the discretion of the Engineer. The side slopes of excavations and embankments will be of euch inclination as the Engineer may designate. All materials taken from excavations, except when otherwise directed by the Engineer, shall be deposited in the embankments. ill 18 APPENDIX No. 1. Tho cost of movincf the samo, wlion the di.slpnco does not exceed feet, will bo considered as included in the price per yard for excavation ; also all materials necessarily procured from outside the i-oad-bed, and deposited in embankments, will be paid for as excavation only ; and for all excavations, whether procured from the road-bed or from outside the roadway, a price will be allowed ))er cubic yard for hauling each additional one hundred feet after the first feet hauled. J 11 ]irocurii!g materials from oulsido the road-bed, the j^laco and manner of taking it out shall be designated by tlio Engineer, and in excavating it care must bo taken not unnecessarily to injure or disfigure the land. Embankments will be formed in layers of such dej)tli, and the materials distributed in such manner as the Engineer may direct; and all the material necessarily waited from the cuttings will be deposited on the sides of the einl)ankments, or in such other manner as may be directed by the Kngineer ; and, when directed by the J<]iigiiieer, the contractors will deposit on the side of the lailroad, or at such convenient points as may bo designated, any rock or stone they may have excavated, and all such rock or stone so deposited, together with the timber removed from the width of roadwa}', unless allowed to bo used in tho work l)}- the contractors, shall be considered the property of tlie Company. The alignment and adjustment of the gi-ades of tho road may lie changed wlienever tho pjngineer may consider it necessary or expedient, it being understood that no claim will be made or allowed for damage, or increase of prices in consequence of such change. The line will be divided into sections averaging about one mile in length, these divisions being made to accommodate, as nearly as ])racticable, the economical distribution of material found in excavations or required in embankments. But this will not pre- vent the removal of materials rei|uired f<>r tho road-bed, or mechanical structures, from one section to another, whenever, in the ojiinion of tho Engineer, it may bo necessary or expedient to do so." Masonry. " Tho different varieties of stone work and masonry, comprising paving for foundations, rip rap, sloijo, retaining, battered and vertical walls, cattle guards, box and open culyerls, arch culverts, bridge abutments and piers, &c., must bo composed of durable and Avell-shaped stones, of the size and dimensions best adapted to the formation of tho different works or structures, and tho work must be oxeci'ted in a substantial and workman-like manner, after tho APPENDIX No. 1. 19 general plan of alternate headers and stretchers, and all stones must be laid on their broadest quarry beds. Paving, when made of tiat stones, must bo set upon their edges, and, whether flat or rubble stones are used, they will bo set in such manner as to leave the leuist possible space between the stones, which must be of sufficient size to reach through the entire depth of the paving. Jtip Bop. — By this term is meant layers of rough stones placed on the slopes of embankments, or about the foundations of abutments and piers, culverts, trestle and piled work. &c., to pro- tect them from damage by water, and also for blind diains, when- ever required to bo done. Slope, Retaining, Battered and Vertical Walls will vary in thickness and slope, or batter, at the discrotion of iho Engineer, and when the walls are moi*o than the tickiiess of one stone, whether laid dry or in mortar, they must, bo Inid in such manner as to form a good bond througo'ut the entire wall. Box, Open Culverts and Cattle Guards will be built of such dimensions and upon such plans as the Engineer may direct, and must be of good-sized and well-shaped stones, pr()])ei'ly laid and bonded together by stones occasionally extending through the walls, the upper course bonding the entire wall. The covei'ing stone of box culverts must be entirely sound, aind long enough to extend at least two-thirds across each wall, and generally Of a thickness equal to one-half of the width or s])ace to be covered. The end walls of box culverts must be laid witli extra care and tinish, the stone being of good bods and luiikls, with joints and angles clean and square, so as to bo free from spalls. The coping must bo of j)roper and uniform tliickness, and, if required, hammer dressed on the face, and so laid as to leave a slight projection over the front wall, and to extend back so as to give a good tinislung bond to the work. The ends of the side Avails of open euivorts, cattle guards, &c., will be composed of squuro, well-shaped stones, laid in regular ste)is orott'sets, to correspond with the slope of the adjoining bank, and so well bedded atid litted as to require no sjjalls or wedges to keep them permanently in ]ilace." " Arch Culverts must be laid in the best h^'draulic inorter, and will be built upon such foundations and plans, and of such dimen- sions, as may be directed by the engineer. The face stone of the abutments, or side walls, must be liammor-drosscd to good bods and joints, and pitched in or scabbted to a line upon the beds and builds, corresponding with the fiivsh line of tho work. All angles that are exposed to view must be cut clean and sharp with tho chisel, to an arras of at least one inch in width and laid to a perfect line. The work will be laid in courses, each of uniform thickness, with square, woll-shaiDed stones of suiliablo size, bi ought to close joints and free from spalls, both verticallj^ and horizontally." " The face stones will consist of headers and stretchers laid alter- I r !S li I; U^ 20 APPENDIX No. 1. nately sons to break joints. All headers shall extend through at least two-thirds the thickness of the wall, and shall have not loss^ than tAvo feet length of face. The width of any stretcher, measured on its bearing surface, shall always be greater than its thickness, and its length shall be at least three times its thickness; and there shall be not less than one header in every six feet of face." " The backing stone must be of large size, with parallel beds, and laid so as to break joints with each other, and with the stones in the face of the wall, in such manner as to form a good bond throughout the entire wall." " The stones composing the arch must bt, placed perpendicular to the cui've, a.id extend entirely through the thickness of the arch, and be dressed throughout to close beds and joints. These must be laid in regular courses of uniform thickness, and the inner faces dressed smoothly to a line with the hammer." " The outer or ring stone must be of thepi'oper size and dimen- sions to correspond with the thickness of the arch, and must be neatly cut or dressed, and set to the line of the work." '* Bridge Abutments and Piers must be built of sound, good shaped stones, of the proper size iind thickness for the dimensions of the work to be constructed. The face stone must be dressed to good beds and joints, so as to give a firm and even bearing over the whole surface of the stone, and pitched into a line upon their beds and builds corresponding with the finish line of the work. The manner of dressing and laying the stone, the proportion of headers and stretchers, ant' general style of finish, will be tlio same as above specified for " abutments or side walls of arch culverts." The upper course of stone on bridge abutments and piers must be of such thickness and dimensions, and laid in such manner as to thoroughly bond the wall, and also to give a firm and even bearing for the wall plates or bolsters of the bridge to be placed upon them." " The face of the work for abutments or side walls of arch culverts, also of bridge abutments and piers, will generally bo what is called '' rock dressed ; " and the whole Avork must be laid in full mortar, composed of the best hydraulic cement and good clean, sharp sand, the general proportions of which wi.l be, one part of cement to two parts of sand, to be thoroughly mixed, and used within the proper time for rendering adhesion and solidifica- tion most perfect." " All masonry laid in mortar must be well and nicely pointed up before it will be considered finished." APPENDIX No. 1. 21 Montreal Northern Colonization Railway (4 ft. 8J in. Gauge.) Extract from Specification. Grading. " 11. The icjV/^A of Embankment at swA-^mr/e or formation level is intended to be fifteen feet ; the width of cuttings, as a general thing, loill not be less than twenty feet, but they may vary accord- ing to the section of country and other circumstances, as the Engineer may direct," &c. Ballasting. " The material to be used for raising the road-bed to the. final or full grade or " ballasting the road," shall consist of course sand or free gravel, to be approved by the Engineer before being used upon the road. When material suitable for the |»urposo occurs in the excavation for the road-bed, or in close proximity totlio road, the ballasting is to be done previously to the track being laid, for a distance each way of half a mile from the ])()int of construction. "When fitting material is not to be had as above, the track is to be laid at " sub-grade," and well packed up with clay &c., to prevent injury in the rails, and subse(iuently be raised to fidl grade level, the material for which will be hauled over the railway." Note. — Attention is called to the italicised words and sentences, to show their ambiguity, as comijared with the " N. S. E. Speci- fications." S. S. North Shore llArLWAY (4 feet 8J in. Gauge.) Extracts from the Specifications. I. General Provisions. •' The work will, in all cases be under the direct charge and con- trol of the Engineer ; and his oi'ders must be complied with in every resp'.^ct, and under all circumstances. lie will have powei*. and it will be his duty to reject, or condemn, at any stage or condition of the work, all workmanship or material, which, in his opinion may be imperfect or unsuitable ; and the same must be immedia- tely corrected or replaced, to his entire satisfaction. He will also have power to discharge from the work, any foreman, mechanic, or laborer who may prove to be either incompetent, or disres- pectful and riotous in his conduct ; and the person so discharged shall not be employed thereafter upon any portion of the \'-j/k. f u i! I 22 APPENDIX No. 1. " It is intended that the materiulB and workmanship, both in the roadway, trafl<, KtriictiiroM, buildings, and equipments, nhall ail be//>s? f/riAS, HO fur as regards Htrength, durability, and ])ra- ticul adaptation. Nothing superfluous will bo required ; but every tiling must be executed neatly, thoroughly and in good taste, so as not to otl'end the eye, nor convoy an idea of carelessness or want of skill in execution " Working plans, and specification more in detail, for the more ii>iportant iMechanical Structures, De|)ot Buildings, Macliino Sii >ps, Engine Houses, &c., will bo furnished by the Engineer, as iliey may be required from time to time, during the progress of the work. IV. Graduation. m " 1. The I'oad-bed will bo graded for a single track, except where depots, stations or sidings occur. " 2. The road-bed for single track will be not loss than twelve feet in width at grade — but will bo increased on embankments, according to bight, or character of material, at the discretion of the Engineer. " 3. The grading will be made of such extra width, at stations and sidings, as the Engineer may direct. " 4. All excavations must be made sufficiently wide to allow of ample side drainage. " 5. The side slopes of excavations and embankments, which arc composed of loose material, Avill generally bo one and a half base, to one vertical— but they will vary from this, according to hight, or character of material, at the discretion of the Engineei-. " 6. The materials composing embankments must bo eniircly imperishable. " 7. Wlienever the matoi-ial found in road-bed, or side excava- tions is unsuitable for sustaining the permanent track, such other material shall be sub tituied as the Engineer may direct. " 8. Material found in excavations will generally bo placed ]; embankments; but such material will be wasted, and '>tli ma- lerial borrowed for embankments, whenever di' y the Engineer. " 9. Spoil banks, and borrowing pits will be so m as not to disfigure nor interfere with the permanent road-way a I s' j^es ; and they must be dressed up in such form and dimensions -.s the Engineer may direct." VI. Masonry. " 1. Tho different varieties ofstone work required for abutments and piers of bridges, arch and box culverts, open drains, cattle guards, slope and retaining walls, &c., must be executed in a APPENDIX No. 1. 23 hkilful and workmanliko manner, after tlio general plan of altcr- iiato hcadern and utrotcliers ; and miiHt bo compoHod of durable well »bapcd »toiies, laid upon their brojulest or (|iuirry beds, and adapted to the formation of the ditferent works or strufture.s. '' 2. Bridge abutments and piers, arch culverts, and tho side walls of open drains, road crossings, or cattle i)asses exceeding five feet in hight, will be laid in hydraulic morlau" ; and will cor- respond in character to what is ge»ierally termed first class rubble masonry. The face stone must bo hammer dressed to good bods and joints, and pitched ii:, or scabbled, to a line, upon the beds and builds, corresjionding with the linish lino of tho work. All angles that are exj)osed to view, must bo cut clean and sharp with tho chisel, to an arras of at least one inch in width, and laid to a perfect line. Tho work will be laid in courses, each of uniform thickness, when tho quarry atlbrds strata suitable for that ])Mr- j)Oso ; but when this is not the case, it will bo sutHcient to build and level up sections of from two to four feet in hight, as the Engineer may direct, with s((uaro well shaped stones of suitable size, brought to dose joints, and free from spalls, both vertically and horizontally. " 3. Tho coping must be of proper and uniibr.n thickness, noally hammer dressed upon the face, bods, and vv'rtical joints; tho front angles must bo cut square with tho chisel, and the stone must be of sufficient width to give a good finishing bond to tho M'ork after projecting a few inches over tho face of tho wall. In cases where tht« coping forms the finishing course, or bridge i^oat for truss bridges, their upper surfaces will be dressed to a smooth and uniform j)lane ; and ll»ey will bo securely fastened to each other, and to tho main wall, by means of strong iron clam|)s and dowels, whenever directed b}' tho Engineer. " 4. The stones composing tho arch, in culverts, must be placed perpendicular to tho curve ; and extend entirely through tho thickness of tho arch, and be dressed throughout to close beds and joints. These must bo laid in regular courses of uniform thick- ness, and the inner faces dressed .-smoothly to a lino with tho hammer. The outer, or ring stone, must have an extra finish ; and the key stone must be neatly cut with the chisel, and so placed as to project slightly from the face of tho work. " 5. The mortar used in masonry must bo composed of tho best quaiity of hydraulic cement, mixed in proper proportions, with clean sharp sand ; and applied to the work within the proper time for rendering tho adhesion and solidification most perfect. Who grout or concrete are used, they will be manufactured and applied under such special directions as tho Engineer may deem applicable to the case." " 6. Box culverts, and open drains, sluices or cattle-guards, not exceeding five feet in hight, will bo of rubble masonry, and will goni -ally be laid dry. The side walls must be laid up strong and •1' ■ 1 :>'v> 24 APPENDIX No. 1. well bonded throughout, the upper course bonding the entire wall. The covering stone of box culverts m;(8t be entirely souncJ, and wide enough to extend at least two thirds across either wall ; and generally ot a thickness equal to one half of the width or Hpaco to be covered. The end walls of box culverts must be laid with extra care and finish, the stone being of good beds and builds, with Joinls and angles clean and square, so as to be free from spalLs. The coping must be of proper and uniform thickness, neatly hammer dressed on the fiaco ; and so laid as to have a .slight p'-ojection over the front wall, and to extend back so as to give a good finishing bond to the work. The ends of the side walls of open drains, &c., will be composed of square well shaped stones, laid in regular steps or offseis to correspond with the slope of the adjoining bank ; and so well bedded and fitted as to require no spalls or wedges to keep them permanently in place. " 7. Slope and retaining walls will bo l:iid at such angle, and of such thickness, as the Engineer may direct. The stone must be sufficiently massive and .veil bonded, to withstand the lateral thrust of the banks, and also any ahock, or pressure to which they may be exposed upon the outer surface. The upper course must be as nearly uniform in thickness as praticable, and suffi- ciently wide to bond the entire wall. Superstructure. " Neither the slopes, nor the road-bed must be disfigured or weakened, by taking material therefrom for filling in or adjusting the traciv. " Whenever, in the opinion of the Engineer, the material com- posing, or contiguous to the road-bed, is unsuitable for ballasting the track, other suitable material shall be substituted therefor, and hauled in upon the track with gravel trains, until the same is thoroughlj^ ballasted to the satisfaction of the Engineer. Note.— For " Explanatory or detailed Specifications," see cular No. 2," contained in " Appendix No. 7." Cir- per course and siifii- APPENDIX W' 2. REPORT OF THE CHIEF ENGINEER UPON THE CONDITION AND PROGRESS OF THE WORK. •I \ Mr. estimi showi diturc with 1 be inc that t to wh compl I w very s and I ing bi Board and e; I w thefo Ist. May, 2nd expire APPENDIX N^ 2. NORTH SHORE RAILWAY. I n REPORT OF THE CHIEF ENGINEER UPON THE CONDITION AND PROGRESS OF THE WORK UP TO DECEMBER 1st, 1874. I Mr. President Office op the Engineer in Chief, Quebec, Dec , 3l8t 1874. It was my intention and desire, to accompany my last progress estimate of work done, «&c., up to the Ist inst., with a statement showing the relative amount of work performed and the expen- ditures incurred by the Contractor, up to that date, as compared with the total amount of work to be done, and expenditures to be incurred, before the final completion of the contract, in order that the Board of Directors might form an intelligent opinion as to when the whole, or any portion of the road will probably be completed under the present contract. I was prevented, however, from porfoi'ming that duty by the very short time allowed me for the |)reparation of that estimate; and I therefore embrace the first opportunity to submit the follow- ing brief report upon that subject tor the consideration of the Board of Directors, and for such action as may bo deemed proper and expedient in the matter. I will premise what I have to say upon this subject by stating the following facts : Ist. The charter of the company expires on the first day of May, 1877. 2nd. The present contract for the completion of the Main Line expires on the fist day of December, 1876. M IS r: e APPENDIX No. 2. 3rd. The contract for the completion of the Piles Branch expires on the first clay of May, 1877. 4th. The schedule or relative contract value for completinif the Main Line is $0,100,000, and the Piles Branch $900,000, making a total of $7,000, 000. 5th. The progress estimate up to 1st December, 1874, amounted in relative contract values, upon the main Line to 681,804.06. And upon the Piles Branch to $19,095.68, making a total of $700,959.74, or in round numbers, ten per cent of the total expenditure required to complete the entire road according to the terms of the contract, has been incurred during the past three working seasons. 0th. There had been expended by the Chicago Conlraiting Company upon the Main Line up to Jan. 1, 1874, in relative contract values, $237,359.77, leaving lo be expended after ;hat date, $5,802,640.23. Tlh. The ])rc8ent Contractor, who has now had the control of the contract during one entire working season has upon the Main Line expended in relative contract values since Jan. 1, 1874, $441,504.29, or in round numbers, less than eight per cetit of the total expenditure required to coni]dete the Main Line has been incurred during the jiast working season. From the above statement of facts it would appears that tlie rate of jji'ogress made upon the entire road during tlie past three working seasons, will secure its comple;ion within about thirty years from the date of the Original Contract. It would also jipjjear, that the rate of progress made upon the Main Line, during the past working season, will secure its com- T>letion within about twelve years fron^the date of the supple- mental contract. An impression has been made to prevail to some extent, in the minds of the Directors and the Public, that the road will be open- ed for business between Quebec and Three llivers, before the close of the year 1875. According to the schedule above referred to, a total expendi- ture, in cash values, of $1,301,678,76 will be required to complete the fencing, clearing and grubbing, grading, foundations, ma- sonry, bridging, and track superstructure, between the Cities of Quebec and Three Eivers, exclusive of Eolling stock, station buil- dings, machine shops, Palace Harbour, and all other items of expen- diture. There had been expended in cash values onaccount of the above items, up to the Ist December inst., $199,393,30, or about fifteen per cetit of the total amount, leaving, $1,102,285,46 yet to be expended, which, at the rate of progress made during the past working season, will require about five and one half years to complete the track from the City of Quebec to Three Kivors, ^'•: APPENDIX No. 2. 8^ oxclusive of the other expenditures above referred ta, a large amount of which will be required however, before this portion of the Road can be opened for business. The supjjlemental contract provides that the work shall be re- conr:nenced and proceeded with uninterruptedly *' to the satis- faction of the Chief Engineer of the Railway Company; " ana it therefore becomes my duty to inform the Company that, up to the present time, the work has not proceeded at all to my satisfac- tion, and also that, so far as I can judge from the jirogross already made, and the preparations made, or likely to be iiuiJe for the fu- ture prosecution of the work, I do not consider it at all likely that the road will be completed by the present Contractoi-, within the lime spocilied in the contract. Having become thoroughly impressed with this idea, so:ne time before the close of the past working season, I addressed a letter 1o the Contractor upon the subject, on the 5th October last, of which the following is a copy: OFFIOE OP THE ENGINEER IN CHIEF. Quebec, October 5th, 1874. Dear Sir, Your contract for the construction and equipment of this Rail- way specitios, that : " The work will in all cases be under the direct charge and corftrol of the Engineer; and his orders must be complied with in every respect and under all circumstances, " (the Engineer referred to being, as therein specitied, " the Engineer in Chief of the North Shore Railway," &c., &c.) Your supplemental contract also provides, that you " shall be bound, immediatelj' after the signing of these presents, to recom- mence the construction of the said work, and to proceed with the same without interruption, to the satisfaction of the Chief Engi- neer of the said Company. If the said work should not be so recommenced, and pi'oceeded with uninterruptedly within six months from the date of these presents, the Board of Directors of the said Company shall have the right, by giving notice to the said Hon. Thomas McGreevy, to cancel and annul the present contract. " In as much as the present working season is rapidly drawing to a close, I regard it as being within the strict line of my duty, in view of the responsibilities placed upon the Engineer in Chief, by rirtue of the foregoing, as well as other provisions in your contract, to call your attention, at the present time, to some mat- ters connected with the progress made during the present working season ; and also to the present condition and future j)rospects of the work ; in oi"dor that I may be prepared, at the proper time,^ !M f I 15 1 i:k i I ^niHii APPENDIX No. 2. to report upon the Fame to the President and Board of Directors of the Railway Company. At the oomineiic'cnicnt of tlie season, you informed me that you intended to procure the rijrht of way, and to make such progress with the grading-, masonry foundations, &c., between Quebec City and Three Ilivcrs, during the ])resent year, as would oi able yuii to lay the track upon this portion of the road beibre the close of the next working season ; and that you would probably not flo anything this year west of Three Eivers, except })crhaps to coni- menco the foundations of the Ottawa biidge near Bont-de-l'Isio. This programme seemed to me quite reasonable, inasmuch as you have until 1st December, 187tJ, in which to complete the entire Main Line of the road. But I regret to say, that the progress made up to the prcseni time is not at all satisfactory to me ; and that il does not a])peai', in any degree, to justify the conclusion that the track will be hiicl between the Cities of Quebec and Three Eivors during the coining year. In fact, unless a much greater degree of energy and order is immediately infused into the work, than has been shown thus far during the present season. I very much doubt whether this portion of the road will be completed before the Fall of 187G ; and the remainder before the close of the following year. In order to insure the com})letion of the road to Three Rivers, Avithin the limits of reasonable economy, during the coming year, the light grading should have been all completed, and the heavy work well advanced, during the dry favorable weather which gen- erally fern)inates, in this climate, with the close of September; instead of which, a large proportion of this work, consisting, in many instances, of com])aratively light grading in swampy wet ground, has been allowed to remain untouched up to the present time. The dry masonry in box culverts, and open drains, should all have been ])ut in before the 1st October; instead of which, only one small box culvert has, so far as my knowledge extends, been 80 far eom])lefed as to allow of its being covered with earth; and, as a general thing, no stone has been prepared or delivered for these sti'ictures. The foundations and masonry roquii-ed for the Port Neuf, and other truss bridges, between Quebec and Saint-Annes, should have all been put in, and extended at least above high water-mark, during tlie present season ; instead of which, no material progress has been made with any one of these structures, except porhaj>s at the Jacques Cartier Eiver, where one pier is considerably well advanced. The pile foundations for the bridges at the Saint-Annes, Batis- can and Saint-Maurice Elvers, should have all been put in, and APPENDIX No. 2. the masonry extended up above hiph vvatPi* mark dining the he pro- crib in isent season ; insteail of which, only the linking of the first deep water ; and the excavation of the foundations for a singUi abutment have just been commenced at the Saint-Annes; and I am informed that no stone has as yet been quarried or delivered for the masonry. With reference to this particular class of work, it is proper that I should inform you, that no crib and pile sub structure or founda- tion, will be allowed to go in this Fall, unless there is a certainty that the masonry upon it will be carried up either above high water mark, or sufliciently high to hold the foundation firmly in its proper form and position, during the floods and ice jams to which it may be exposed during the coming spring freshets ; Jind, also, that no cement masonrj'^ should be laid, in this climate, after the 1st of November, unless the weather should be more than ordinarily favorable. The timber required for the superstructure of the bridges should all be provided during the present Fall and coming Winter, so as to be delivered upon the ground early next season ; instead of which, I am not aware tliat any provision whatever has been made for the construction of these bridges, up to the present time. The cross ties, or sleepers for the track, should also be provided and delivered along the line in large quantities, as early as possi- ble next season, particularly at the east end of the road, where the track laying will commence. Assuming that your average rate of laying and ballasting will be a half mile per day, and that you can rely upon twenty working days per month, you will require at least eight months to lay the track over the eighty miles between <^uebec aisd Three liivers, from which you will see that, at this rate, you would require the entire coming season in which to lay the track ; and therefore, that your iron rails should be delivered upon the line a^ the open- ing of navigation ; and also, that the grading and all mechanical structures should be entirely completed in advance of the track, in ordei" that the track-laying may be commenced at the earliest possible moment, and proceeded with uninterruptedly ; and that the ballasting may be completed before the road is opened for buainess. The necessary engines anorti()n of it is a|)))rovcd by tbo liojird of Directors, I consider it my duty to call their attention to some jnatters of considerable imj)ortance connected witii this and former pro;L?rcss estimates. The ))rovi>ions of tlie contract, with reference to these estimates are that thej' shall be based by tlio Engineer, and i)aid by the Company upon the relative schedule contract values of thcMlitleront items embraced therein, as made and certified by the Chief Eiiirineer of the J«'ail\vay Company. On June lltli, 1874, the Contractor applied to tiie Comiianj'for a chui)<^e in the basis of ])ayments, as follows : " i have therefore to reipiest that you will ajtply to the Government and the Corpo- ration t') pay over tlieir bonds to the extent of tivv; hundred thousand dollars Ciich, in the ratio of one third cacli on the cash value of each ])roii;ress estimate of work done, the remaining third to be paid in the Bonds of the Company." The J?ailway Comj)any made the application as requested ; and it is understood that the Provincial Government, and the City Council of Quebec, have agreed substantially to the terms proposed by the Company in behalf of the Contractor. I do not understand however, that the terms of the contract have ever been dianged, or that the Kailway Company has ever taken any further action in the matter, except to notify the I'rovincial Government and the City Council, that the modified terms, as agreed to by thom res])ectively, are acceptable to the Com])any ; although 1 believe the progress estimates, for the Main Line, liavo all been approved by the Board of Directors upon a cash, as well as a relative contract basis, and that payments have been made to the Contractor accordingly. Inasmuch as this change in the basis of payments involves a very important change in the terms of the contract; and one which is exceedingly beneficial to the Contractor, T would respect- fully suggest that before any further payments are made upon this basis, the modification should bo put in regular form by the respective jiarties to the contract ; and that the Chief Engineer should be duly notified thereof, so that his estimates may be re- turned accordingly. Up to the present time, my progress estimates have shown both a cash, and a relative contract value; the cash value being merely one tliat was assumed, in the preparation of my schedule, for the 1 APPENDIX No. 2. 9 purpoHO of arriving at relative contract values that would aggre- gate (seven million dollars for the entire contract. These cash values cannot therefore be fully relied upon as representing the actual cash expenditure upon the items that are computed by quantities in the estimates. My own opinion is that the rates as- assumed in my last schedule, for items of this class, attbrd thi' Contractor an average profit of from fifteen to twenty per cent. At even ten per cent, the aggregate of these items, in the pre- sent estimate would amoi nt to S22,02(j,89, in cash value and ^33,040,33 in relative contract values, over and above the cahh expenditure of the Contractor on their account. The reason for my adopting these rates in the schedule, was to cover any increase, or change, which might occur in the (quan- tities, or relative cost of the items, during the progress of the work ; and it was therefore not intended noranticii>atod ih^it these rates would bo adopted, as they seem to have been by thedovern- ment and City Authorities, and also by the Railway Company, as re])resenting the actual expenditure by the Contractor. And 1 do jjot feel willing that the system should be continued, wiiiiout placing on record such an explanation on my part, as will relieve me from all responsibilities in the matter. The Contractor has informed me that he shall pay only a por- tion of the Engineering expenses for the month of De( I'mber. These expenses, amounting to 83,092.33, as approved by me, are included in the present estimate, and it will therefore be for the Board to decide whether the estimate shall be paid bet'ore the Contractor has made provision for the payment of these expenses, as required by the contract. I should have i'elt justiried in with- liolding the estimate entirely, after receiving this notice from the Contractor, but 1 thought it more advisible to leave the matter in the hands of the Directoi-s. Tiie Contractor still refuses to furnish me with any assurance respecting his ownership and control of the iton\s embraced in the estimate under the head of " materials delivered and ready for delivery ;" and I must therefore again refer the Board to my letter upon that subject dared December 12th, 1874, which accom- panied my last estimate. And also to a detailed statement of the items, which accompanies this estimate, from which it will be seem that they aggregate $23,220.88 in cash values, and $33,831.32, in relative contract ralues. Notdesiring to appear in constant antagonism to the Contractor in this or any other matter connected with the progress estimates, I would respectfully ask the Board for some definite instructions upon this subject, in regard to future estimates. The Contractor has made a claim for an allowance, in the last and present progress estimate, on account of interest upon Bonds and Debentures received or earned by him, on account of previous estimates. 1 I i i i h 1 nj I !■ 1 i r i 1 1 ' 10 APPENDIX No. 2. Feeling quite clear, in my own mind, that the time had not yet arrived when Huch an item was admihisible in the estimates, I applied to the Secretary for an opinion upon the subject fVom the legal advisors of the Coinjiany ; and as this opinion coincided entirely with my own, the item was not entered in the previous estimate. I have since leceived the following copy of a resolution passed by the Board on 12th December, 1874: Resolved, "That in the opinion of (his Board, the Contractor is entitled, in equity, to interest on Bond or certificates for Bonds, to bo paid every six months ; and that the Engineer in Chief bo instructed to include interest on his estimates for the future. " Having been officially informed by the Secretary, that no pay- ments had been made to the Contractor, either in •' Bonds or certificates for Bonds " prior to Oct. Ist, 1874, and therefore that no demand for interest could have occured upon such payments, this item does not appear in the present estimate. The contract clearly provides that the Contractor shall pay the intoreston the "first preference Bonds of the Companyonly; " and also " the interest as it may become due upof) the stock certificates" of the City of Quebec, which may bo received by the Contractor for work done under the contract. And it is equally clear that it is the duty of the Chief Engineer to include, in his progress estimates, any and all payments which may be made by the Con- tractor on that account, undor the general head in the schedule, of " Interest on Bonds and Debentures. " But I do not conceive that there is any provision in the existing contract by which the Engineer would be justified in estimating, either the interest om the expenditures of the Contractor ; or the interest upon the securities above named, before an instalment of this interest either becomes due, or has been paid by the Contractor. Inasmuch as copies of my monthly or progress estimates are furnished to the Provincial Government and the City Council of Quebec, as a basis for their Engineers to arrive at and certify to the amounts payable by them respectively, on account of legiti- mate expenditures upon the road, I would respectfully request that copies of such communications as I may make to the Company, in exjjlanation of any items contained therein, may also bo furnished with these estimates. I have the honor to remain, Mr. Secretary, Yours very truly, (Signed), S. SEYMOUR, Eng. in Chief. A, H. Vkrebtt, Esq., Secretary N. S. R, Qu«bec. APPENDIX W 3. CORRESPONDENCE RESPECTING WORK AT RIVER ST. ANNES. I ': • ! 1 i 1 it, 1 It 4^'' 11 '' r ' 1 1 R i ! ■ i '1 ^k( ': ■niii Miiiiiia r a €0K "T! can ai (he m sent 8 deep ^ abiitnr um in for tl> Wit T slion tion, V that t] water its ))r( which also, ti the li ordina IIf>N. Dear III n Chief J in thi; being 1 Ir n APPENDIX No 3. CORRESPONDENCE RESPECTING 11 iV, FOUNDATIONS AT RIVER ST. ANKF. Chief Engineer to Contractor. {Extract from Letter of oth October.) "The pile foundations for the bi'id^es sit the Saint- Annes, Batis- can and Saint-Maurice Eivors, t-hould have all been put in, and the maisonry extended up above hi<^h water mark during the i)re- isent season ; insteod of which, only the sinkini;; of the tirs^crib in deep water; and the excavation of the foundations for a single abutment have jnst been coninievced at the Sainte-Annes ; ami I am informed that no stone has as yet been (quarried or delivered f )r tlie mason r}'. With reference to this particulai" class of work, it is jiroper that, T shouKl inform you, that no crib iind pile sub structure or founda- tion, will be allowed to go in this Fall, unless there is a dertainly that the masonry upon it will bo carried uj) either above high water mark, or sutticiently high to hold the foundation firmly in its ])roper form ai\'i po- tion, during the floods and ice jams to which it may be ex))OSv'd diii-ing the coming spring freshets ; and, also, that no cei>iCiM .;.asom'y should be laid, in this climate, after the 1st of Noveai oer, unless the weather should be more than ordinarily favorable." EN(}INEER i)EPAR'f.MKNT - 3 J{ivcr.s and should have gone out to your house tor that purpose, but being Sunday did not know if you would care about talk'ing luisiiiess. On ^Vc(lnesday last they had got their sawir\g apparatus in position and cut otV one pile 2' 10" below surface of water, which Avas about 10'' higher tliaii the low water elev. estal)lishcd, and Sampson said they were prepared to cut ott' all the |)iles at thai, elevation, if I would receive them as finished, which of course I declined doing, and told him he might cut, them off there if he chose, with the understanding they should be cut again at the proper elevation. I told him the crib would Iiave to be lowered either by taking off the top timbers, or driving it with pile driver; which he refused to do without guarantee of extra ])a3-. The}' could not possibly have cut the piles at the ])roper depth wen if the crib was not too high, as their saw could only work about 32" under water, as they had it arranged. There were also several other defects in the machine w'licli precluded tlieir cutting the piles in a proper manner. As far as I can umlerstand the matter, they did not war. I Lo go on with the work, and seized the first shadow of a preteMl i'or abandoning it. Tlie ])ile driving on the Island was progressing satisfactorily and they abandoned that also '.cithout any reason that I am aware of. Mr. Normand accuses every one connected with the work of trying to cheat him, and says he was obliged to stop work on that account. I dont know of any way to have a pile driven at Batiscan, as there is no one liero to do it. The ])ilo driver is still there, but would require five or six men and an Engineer to run it. [ enclose force account for la-*t week and should have sent it before but thought the account sent last Friday would be KufRcient. I remain, Yours very truly, (Signed), J. B. BROl>HY, Asst. Engr. APPENDIX No. 3. Chip.f Engineer to the Contractor. 5 Office of the F^noineer in Chief, Quebec, November 2()th, 1874' Dear Sir, You will please find enclosed a copy of despatch just received from Mr. A. L. Smith, Inspector at St. Annes, from which you will 8ee that the work at that place is already receiving injury irom the action of the ice. r also beg to inform you, that although you have assumen, and moreover this caisson was made after their plans and to their satisfaction. In view of all this annoyance, the last act seeming to me to ('vown all the others, and seeing the advanced period of the season, I have stopped the work and have put everything into winter ■quarters. I am yours, Ac, (Signed,) J. B. NORMAND. APPENDIX No. 2. t C%ief Engineer to R. H. McGreevy. Office of the Engineer in Chief. Quebec, Nov. 24th, 1874. Dear Sir, I beg to acknowledge the rect this morning of your favor of the ■26th inst., relating to the !stop])age of work at the St. Anne's River, and to state that it contains the first intimation which I have received from any source, that there was any difficulty or misunderstanding between your workmen and my Engineers and Inspectors, in regard to the manner of executing the worif. I have therefore sent the following message to Mr. Jlumiin, at Three llivers: " Why was work at St. Amies stopped, please answer fully and immediately hy telegraph." I shall also enclo e him by mail a copy of Mr. Normand's letter, and an exti*act from yours, and i-ecjuest him to report upon the subject immediatel3^ I will send you his replies as soon as received. In the mean lime, you have my full consent to institute any investigation you may think proper, respecting this or any other portion of the work. Yours very truly, (Signed,) S. SEYMOUR. L. B. Hamlin to the Chief Engineer. Telegram from Three Rivers, November 27th, 1874. GENL SEYMOUR, Engineer in Chief, N. S. lij., Quebec. Work stopped at St. Aiines, will report fully to mori'ow. (Signed), L. B. HAMLIN, W ifr Chief Engineer to L. B. Hamlin. Office of the Engineer in Chief. Quebec, Nov. 28th, 1874. Dear Sir, I enclose copy of letter just received from the Contractor, and also one from Mr. Normand to the Contractor, respecting the stoppage of the work at St. Annes River, and have to request that 'Hi:'.* M. §1 a APPENDIX No. 3. you will, without delay, furnish me with all the facts in the Ciisc, supported by the properly authenticated statements of Mr. Bro[)hy, Asst. Enj^ineer. and Mr. Smith, Inspector of the work. It seems to be exceedingly strange that there should have been so much trouble and misunderstanding respecting this work, for some weeks past, and that 1 should have heard of it just now from the Contractor for the tii'st time. I have been endeavoring for the past week or ten days, both by letter and telegraph to obtain some information ujjon the subject, but in vain. Yours truly, (Signed,) S. SEYMOUI?, L. B. Hamlin, Esq., Eesdt. Engineer, Three Eivcrs. L. B. Hamlin {Resdt. Enjr.) to Chief Engineer. Engineer Department of the North Shore Eailway. Three Rivers, 28th Xov., 1874. Gonl. Seymour, Eng. in Chief. N". S. Railway'-, Dear Sir, In reference to the suspension of work at St. Annes. Mr. Normand (who was apparently in charge) stopped every thing on the 20 inst. Mr. Brophy immediately reported to me (but owing to the usual fatality which appears connected vvith all communications from or to St. Annes) it only reached me on Wednesday last, and I reserved reporting until obtaining full information on the subject. The machinery for cutting off the piles with its appliances is deficient to comply with the speci- fications. The foreman in charge of the work, wanted to cut otf the piles 2" 10' below the wafer at its present elevation, which is 10" higher than our established low water elevation. Mr. Brophy refused to acccapt the work as finished and all operations were stopped next day. Yours truly, (Signed) L. B. HAMLIN. APPENDIX No. 8. Chief Engineer to R. H. McGreevy. 9 Office of the Engineer in Chief. Queboo, Nov. 28, 1874 Dear Sib, I beg to hand j^ou copy of answer just received from Mr. Tlnnilin to my telegram sent thiw morning in relation to the work at St. Annes, from which you will hce that I am to have full report on Monda}'. Yours truly, (Signed) S. SEYMOUR, R. ]I. McGreevy, E.q., For the Contractor. ("Copy") " Machine for cutting ])iles inolliciont, and foreman refused to comply with Engineers instructions. Full report will reach you Monday morning. (Signed), L. B. HAMLIN, L. B. Hamlin to the Chief Engineer ENGINEER DEPARTMENT. North Shore Railway. Three Rivers, 5th Dec, 1874. GEN. SEYMOUR, Eng. in Chief, N. S. Railway. Dear Sir, In reply to yours of the 28ih ult., (enclosing copies of letters from Messrs. McGreevy and Normand), I must say that I know of no nnjnst interference of myself or any of my Staff, with the pro- gress of the work at St. Anne's. We have simply endeavored to carry out the work in accordance with the specifications and your instructions. I herewith enclose a copy of letter received from Mr. Brophy, which seems to explain the cause of the work being stopped, more fully than anj'thing I can explain in the matter. In reference to the crib protection being now higher, bj'^five inches, than when it was placed. It could only be caused by the driving of the piles which must have pressed out the ground and raised it. The men in charge of the work were recommended to lower it, either by 10 APPENDIX No. 3. taking the lop timbers oft', or UHing n pile driver to pres.s it down to its proper i)osition. Tiie lutter plan I think woidd have answered all purposes, and l)oen very inexpensive, however, uccordin<; to Mr. Bro[)hy's statement, even wore tlie I'rih in its proper plaee, the saw with its pre-ent appliances would not have cut otV the piles at the proper elevation. In my opinion the saw will work iidmirahly when properly adjusted lor the purpost'. AViien the men in char<,'o found it was not, tliey wanted to do the work their own way and foi-ce us to accej)t it, wliich heing refused the work was immediately .suspended. T shall make f'liitlier itHjuiries into the affair, and communicate to you anything that I may learn. Yours truly, (Signed), L. B. IIAMLIN, J. li. Brophi) (^Asst. Engr.), to 3Ir. Ilaiidln (Resdt. Ewjr.) St. Anno's, Dec. 7th, 1874. [Kxtract.] L. B. IIamlen, Resident Engineer, Quebec. Dear Sik, " Your letter of the 5th inst., I received last night and '\u reply beg to report as follows: The work at St. Anno's commenced on the 2Gth Sept., and was abandoned on the 20th Nov. The details of work executed to the latter date, are as follows: Excavation in foundations. Each abut, excavated to low water elevation. Pier No. 5 excavated to low water elev. Pier No. (J to low water elev. Pier No. 1, west branch excavated to 1 foot above low water elev. Draw bridge Pier. G5 Piles driven. Pier No. 1, 99 piles driven. Pier No. 5, 91 piles driven and Pier No. 6, 10 pi es driven. The materials delivered and prepared, are returned in the estimate, and I presume it is not necessary to repeat the items here. The piles in draw bridge Pier, have not been straightened up into line. Those in No. 1 Pier, have been brought into place, with the exception of one pile, which the foreman said he could not bring inio position, as he had not the proper appliances to do it. This crib is partly filled with stone. The crib work in the draw- bridge Pier ; and also in No. 1, Pier, is too high to allow the 1)ile8 to be cut off at the proper elevation, with the apparatus they lave for that purpose. This no doubt is partly owing to the extra lieight put on the cribs to allow for settling in the bed of the River; bat as far as I could ascertain, they have not settled at all, APPENDIX No. 3. 11 but on the contrury appear to liavo risen some, ])artic'ulai*ly the draw- bridge pier crib, which is 16 inches too high on one corner, and we only allowed 8 inches for settling. The top of No. 1 crib is only 5 inches too ]ngl» on the South end, the rest is about the right elevation. That is about all I have to report concerning the St. Anne work, excepting what I have already reported to you in my letter of tlie 25ih Novenibor, in regard to the stoppiige of the work, and which 1 suj)j)ost) is unnecessary to report hero. " 1 remain. Yours very truly, (Signed,) J. B. BROPIIY. Itej/ort of Mr. A. L. Smith, Inspector, upon the quality and t/uantifj/ of work done at the St. Amies Rioer, from the 2Sth September to 30 th November, 1874, (Quebec, December, 31st, 1874. G. W. Biitterfield, (ieneral Assistant, Quebec. Dear Sir, I have been instructed by the Chief Kngineer through your.scil", to give my views, as to the work done at the River St. Annes foundations during the time that 1 remained in charge of that work. On the 2Gth September hist, I was appointed by CJeneral Sejnnonr, Cliief Engineer, as Inspector of cribs and pile driving at the St. Annes River, on the 2nd Residency, in cljargeof Mr. L. B. Hamlin, Resident Pjugineer, with orders to leave Quebec and be on the work as soon as practicable. I reported at St. Annes on Monday morning 28th September, and ins])ected the work whicli had been commenced on the Tui-n Table crib. This work was in charge of Mr. Sampson, Super- intendent, who had the plans ; and u])on examination, I found that, the crib was built substantially, and in accordance with the plans, &c. The following materials were in this crib: 12 pieces 34 feet in length — 8 do 2(; *' do — 3 do 12 " do — 4 do 26 ' do — 408 Lineal feet. 208 " " 36 " " 104 " " Total 756 Lineal feet. I 11 ^,££y£%l*SUfiX^(V«tMBltU »MMWaLfv''.'-Ui' -■■■ Urin IMAGE EVALUATION TEST TARGET (MT-3) // // ^ .^. *^ ^ :/. 1.0 1.1 Sf 1^ 12.0 iiiiSiji4ii4 f> 4^ ^ ^^ om FhotograiM] Sciences CorpQratiQn 23 VVIST MAIN STMIT WnSTIR,N.Y. I4SM (7U)t73-4S03 ...^■■s ^ ^ 12 APPENDIX No. 3. The platform is prepared to bo put on the crib when tho piles are ready to receive it, in order to hold the ballast in pro |>er place ; and aUo to prevent all waste outside of tho crib. There are also 324 ft. B. M. of plank and 256 lbs. of spikes to bo used in this crib. When the crib was completed it was taken to the oast side, and {ilaced in position on the bottom of the River, accoi*ding to tho ines given by Mr. J. B. Brophy, Asst. Engineer, in charge, where it now stands. There have been 65 piles 20 ft. in length driven insido of the crib. The said piles are not put in line nor ballasted. Tho crib has only ballast enough to sink and hold it on tho bottom of the Biver. I did not reject or condemn any of tho above work while it was being constructed. The men worked steady while employed; and they were not delayed b}' tho Knginoer or myself, on tho contrary, every thing was done on my part to forward it. Crib No. 1. This crib was wjII, and strongly built, according to the plan furnished by Mr. Brophy, and was built so as to contend against all freshets. The following materials were used in this crib. 14 pieces 25 feet in length — 350 Lineal feet. 8 " 45 " " — 360 " " 2 " 19 " " — 38 " " 4 <» 14 « «' — 64 " *' 2 »' 14 " " 28 " " 2 '« 10 " " — 20 •* " 4 '< 12 " " — 48 " " 4 << 4 " " _ IQ " " Total 924 Flooring 279 ft. B. M. Spikes 376 Pounds. Ballast for sinking 8 Yards. The crib when finished was placed upon the lines given by tho Engineer, on bottom of the River, to the entire satisfaction of tho Engineer and myself; and all was done on our part to forward the work. The crib was not loaded as it should have boon, and it was Hndorstood at that time between Mr. Sampson and myself, that when the piles were driven, both cribs were to be completed, and the piles straightened, before the pile driver was taken away. But the pile driver instead of remaining to straighten tho jiiles, was taken to the shore where it remained for weeks, and nothingwas done to place the piles in their proper position. APPENDIX No 3. 13 At this time new machines wore being built fur the work to be commenced on the Island. This is the time that the work of straightening the piles and ballasting the Turn Table and No. 1 crib, should have been done, according to the understanding between Mr. Sampson and myself as above referred to. I can give no reason now for the delay o this work, unless it was on the part of the Contractor, or that ho did not intend to finish it. T gave Mr. Normand, and the Foreman, my copy of the specifications to read, and thoy told me that they understood them perfectly. I went with Mr. Sampson, and showed him six pilei* in this crib (No. 1) that were not in line, lie marked them with white chalk, and told his foreman to straighten them. Five have been put in line, but the sixth has not. These piles are partly ballasted, but not a*s or advancement of the line towards completion. I3ut when it is considered that all the neces^iary surveys must be made for the liniil location of the roatl, before the construction account can be commenced aiid carried on to any considerable extent, the reason for the increase in this ratio of expenditure up to that particular ]»oint of time, will l)ecome quite apparent. And it will also be- come equally apparent, that, when the work of construction is commenced in earnest, and prosecuted with vigor, this ratio will diminish quite as ra])idly, until it reaches its minimum, at the final completion of the road. An examination of the foregoing tabular recapitulation of the rosolt thus far upon this road, affords a striking illustx'ation of this principle- It will be seen that the percentage hud reached its maximum (70) when the location of the lino had boon substantially com- pleted at the close of 1872. That it had been reduced to 58 at the close of 1873, when the present Contractor assumed the work. That it had been reduced to 28^ by the expenditure on account of construction during the past working season, up to Dec. Ist 1874, That it was reduced to 13 upon the total expenditure made by the present Contractor during the past year uj) to 1st December, which included the Company's expenses, right of way, re-location of line, supervision of work, contingencies, &c. That it was still further reauccd to 9, upon the actual expenditure on account of construc- tion up to Doc. 1st, 1874. And that, if the road is completed, accoi*d- ing to the terms of the contract, it is quite sure to reach its mini- muni of 6J per cent, at the close of the contract. Another equally arbitrary, and self evident principle will also be found to govern all expenditures of this nature, which is, that they are increased in the ratio of any delaj^sthat may occur in the progress and final completion of the work. As an example of the effect of this principle upon this road up to the present time, it is proper to mention, that the entire expen- diture, amounting to $42,534,28, previims to April 5th, 1872, (the date of the contract) was practically thrown away. Also that the entire expenditure made in 1873, amounting to $62,914.93, was of no practical use whatever in advancing the work, making a total of $105,449.21, of which $43,705.28, was chargeable to Engi- neering, which has practically been lost to the Company, and consequently to the Contractor. And yet, it is quite apparent, * : hi i 1'^ APPENDIX No. 4. that tho circiimHtanceH, as they existed at the time, fully justified thuHe uxi)onditure(4 ; and also, that if they had nut been made, the road cuuld not hnvo reached even its present state of advunce- inent ; and perhaps it would have remained in substantially tho same state of non-entity that it occupied previous to 1871. Another example of the eitect of this principle, will bo found in tho experieuce or 1874. When tho present Contractor assumed the work, in January 1874, he gave notice that ho should commence operations vigo- rously in tho S|>riiig, upon a scale that would secure the comple- tion of the road from tho City of Quebec to Three Rivers, hetbre tho close of 1875. To carry out this programme would involve tho exjiendituro of about 9750,000 in actual construction, during each of the two working seasons, 1874 and 1875 ; but as tho expenditure on that account has been only about one thiM of that sum during the post working season ; and as the Engineering organization in charge of construction, was necessarily quite adequate to the supervision of the required expenditure of $750,000, it will Ih) seen that, if that amount had been expended by the Contractor during the past working season, the percentage of Engineering chargeable to construction, would have been 3 instead of 9 per cent, up to the 1st December 1874 ; and proportionately less upon the entire expenditure up to that date. Tho preliminary expenses of the Company, as well as the expenses of location, having now been closed substantially, the conclusion seems to be quite clear, that tho Contractor has only to push forwai*d the work to completion, within the shortest time practicable, in order to reduce the ratio of Engineering expensuA to their lowest possible limit. Queb. ic, December 31, 1874. S. SEYMOUIJ, Chief Engineer. APPENDIX No 5. CORRESPONDENCE WITH Mr. SHANLY. If: I COI My De again a me uiK once ni person) entire i you ha Tob was fir« which ' consists Contrac of the c 1st. 1 Engines 2nd. schedul 8rd. ] and 3, " deep wj APPENDIX No 6. CORRESPONDENCE WITH Mr. SHANLY. The Chief Engineer to Mr. Shanly. >-' )RTH SHORE RAILWAY. Office of the Enqineef, in Chief, Quebec, February 17th 1875. My Dear Mb. Shanly, I really hope you will pardon me for troubling you again about matters relating to this road ; but you will place me under additional obligations by responding to my call once more in a matter of very great importance to myself personally; and I think one upon which depends the entire future of this Road, in the success of which I know you have always taken a deep interest. To be very brief, the matters in dispute here, which it was first proposed to submit to you for advice, &;c., and which were afterwards referred to Mr. Sandford Fleming, consisted mainly in differences of opinion between the Contractor and myself, with reference to the true meaning of the contract. 1st. As to the right of the Chief Engineer to control the Engineer Department. 2nd. As to his power to change the line, grades, plans, schedules, &c., during construction, and : 8rd. His power to issue and enforce " Circular No. 2 and 3, " also " Detailed Specifications for foundations in deep water." %\ jfj APPENDIX No. 6. Mr. Flemings report was received and read to the Board yesterday, when it was found that he was in favor of the Chief Engineer, on the 1st and 2nd points ; also as to his power to enforce the " Detailed Specifications." But that he does not believe •' Circular No. 2," to be binding upon the Contractor for the reason, as he states, that it is clearly in conflict with the " General Specifications " attached to the contract. The point of difference specially referred to by Mr. Fleming being, that, as he claims, the *' Circular " requires three feet more width of Eoad-bed than the GreneraT Spe- cifications. Mr. Fleming also decides that a " first class railway " is not provided for in the contract and specifications ; and he recommends, at the close of his report, that a further supplemental contract be negotiated at once, so as to secure a first class Railway. I take the liberty of enclosing for your information, copies of the questions placed before Mr. Flemmg, and his replies thereto, as relating particularly to the above sub- jects. Also copies of the " Original and Supplemental Contracts." " Opinions of Several Engineers," &c. " Views of the Chief Engineer," &c. " Detailed Specifications," &c., and " Circular No. 2," all of which will enable you to see about how the matter stands with us at present. There is also another important question, as you will see from the " Review, " upon which Mr. Light, the Govern- ment Engineer, differs from me, and upon which Mr. Fleming, in another part of his report agrees with him, which is, the proper thickness of piers for bridge masonry. I need not say to you that the weight of your profes- sional opinion just now, upon all the above matters, will have a very decided influence with the Government, the Board of Directors, and the Public ; and I shall therefore deem it as a very special favor, if you will give me your views at as early a day as practicable for which, I shall be most happy to recompense you in any manner that may be most agreeable to yourself. I find that I have neglected to state, that Mr. Fleming also agrees with Mr. Light in his views of the necessity of raising the grade so as to obviate the snow difficulty. The Board has ordered Mr. Fleming's report to be printed, and I shall send you a copy at North Adams. APPENDIX No. 5. 8 The first thing for the Company to ascertain seems to be, ■what changes the Government will require in the plan of construction. Second : how much of these changes can be effected under the present contract, and Third : how any additional expenditure is to be provided for, when everything which we now have, is pledged to the Con- tractor. Yours very truly, S. SEYMOUR. Walter Shanly, Esq., Revere House, Boston, Mass. I The Chief Engineer to Mr. Shanly. Office of the Engineer in Chief, Quebec, February 18, 1875. My Dear Sir, I should have stated, in my letter of yesterday, that Mr. Fleming says just enough about the crib and pile foundations in deep water to strengthen the impression contained in Mr. Light's Report, as to their being at least " hazardous." This, together with the manner in which he speaks of the masonry, earth- works, &c., has of course a decided tendency to unsettle the minds of the Directors, and Members of the Grovernment, as to everything that has been done upon the Road. As the subject of these foundations was not referred to in our correspondence of 1873, I have no means of knowing your views about them ; but if you should think favorably of them, it will undoubtedly have the effect to remove many of our difficulties, and enable us to make a united effort to push the work forward to completion, under the present contract, which to me seems our only alternative, if the road is to be built at all. Yours very truly, S. SEYMOUR "Walter Shanly, Esq., Revere House, Boston. If I, I APPENDIX No. 6. Mr. Shanly to the Chief En^neer, North Adams, Mass, U. S. 22nd February, 1875. My Dear Sir, I have to acknowledge receipt of your letters of 17th and 18th inst., referring to me, for my opinion, certain matters in variance between yourself as Chief Engineer, and the Contractor for the construction of the North Shore Railway; and also certain points of difference in pi'ofossional opinion between yourself and the Inspecting Engineer on the part of the Quebec Government. The several points submitted are : 1st. As to the right of the Chief Engineer to control the Engineer Department. 2nd. As to his power to change the Lines, Grades, Flans, Schedules, &c., during construction. 3rd. His power to issue and enforce Circulars Nos. 2 and 3. 4th. As to detailed Specifications for Foundations in deep-water. 6th. As to thickness of Bridge -Piers. 6th. As to least elevation of Roadway (on embankments) above the natural surface of the ground. In the three last questions are involved the points at issue between yourself and the Government Engineer. Upon the first point : — I am of opinion that the Contract contemplated and provides for the Engineering of the lino and, consequently, for the Engineer Department, being committed unreservedly to the Chief Engineer, as right and just it should be. In no other way could the Company be assui'ed of obtaining work of the rharactoF, which the Contractors undertook to give. Clause 3 of the General Provisions of the Specification, which is part and parcel of the original contract (April 5th 1872), loaves no room for doubt on this point, and his (tho Chief Engineer's) APPENDIX No. 5. powers arc again referred to and recognized in clause 7 of the same General Provisions, and in various subsequent clauses of the Specification. The work could not truthfully be said to be "under the direct charge and control of the Engineer" unless he had the selection and ajipointment of his Assistants. Upon the second point:— ^s to changing of lines, Grades, t&c. — Clause 1, section 1, of the General Specification provides that " the location of the line and the arrangonncnt of grades will be made under the direction and supervision of the Engineer in Chief," which, coupled with clause 3, same section, would seem to clothe the Chief Engineer with full power to make all such changes as he might deem conducive to the permanent advantage of the line. As respects changes of location and grades, however, there is an implied limit, at all even is, to the exercise of such power where a contract has been let upon representations made by plans and sections previous to such letting. Material changes subsequently ordered, might so change the features of a line as to make what was at first a fair bargain on both sides, a hard one on the Contractor. While I hold, therefore, that under the North Shore Eailway Contract the Chief Engineer has the power to order any changes whatsoever that he may consider advisable, I am nevertheless of opinion that it would look like an exercise of might rather than of right on his part, to insist on any material departiu'e from any arrangement of location and grades, made and exhibited previous to the making of the Contract, without engaging to compensate the Contractor for all increased expenses that such changes might possibly involve him in. Upon the third point: — The Engineer's power to enforce Cir- culars 2 and 3. — I have befoi'C me the former of these papers; the other (No. 3) did not accompany your letter; my observations must, therefore, be confined to No. 2. In the very outset, almost, of the original contract (page 3 printed copy) it is " covenanted and agreed " that the *' mate, rials, workmanship and fixtures for the construction, equipment, i II I: 1' 6 APPENDIX No. 5. finishing and oomplotion " of the railway shall he first class, con- forming to th-^ " annexed Hpecifications, " which are " duly acknowledged " by the parties to the contract as forming part thereof. Those specifications repeat (clause 6. section 1.) that all wofks of construction shall be " first class " of their several kinds ; and the next clause (7) provides, very properly, that as the work progresses working plans and detailed specifications will be ** furnished by the Engineer," for the Contractor's guidance of course, and, equally of course, to be binding upon him. Circular No. 2 is jnst such a detailed specification as the Engineer had, under the General Provision referred to, a right to furnish ; and I can find in it nothing that the Contractor has a just right to dis- pute. There is nothing in it that clashes with his agreement to give first-class work ; anything less than this Circular requires, would not insure the Company a *' first class " railway, even in the ordinary colloquial meaning of the term. In connection with this point of reference, you direct my atten- tion to two special points : The width of earthworks and the cha- racter of the Masonry. In June 1873, you submitted to certain Engineers, of whom I was one, the General Specifications— part of the original Contract — with a view to eliciting their opinions as to whether those spe- cifications, general as their terms are, seemed to provide, with certain stated exceptions, for a •' first-class railway. " I answered *' Yes, " that in the usual American (and Canadian) acceptation of the term " first-class," as applied to railways, your specifica- tions certainly contemplate, in respect of all structural require- ments, very good work. The question of gradients, or the pro- file, or section, to enable me to pronounce as to the character of your line in that important feature, were not submitted. Among the printed documents now before me, I find one con- taining my letter to you of 9th June, 1873 ; as also the opinions of the other Engineers whose views you then sought. I had not previously been aware that your letter to me, of 4th June (1873), APPENDIX No. 5. ^as a *• Circular, " or that in answering it I was undergoing a competetive examination. Had 1 supposed that the opinion I then wrote you was to be submitted to public criticism, I might have been disposed to amplify it somewhat, and to have gone mcie into detail, on the merits and demerits of a document on which was to depend the proper or improper construction of an important line of railway. I hereby, however, ratify the opinion I then gave, for whatever it may be worth ; and " acknowledge my h;;nd and seal. " Earth -WORKS. To come back to the matter under discussion, the width of earth- works, and the character of the Bridge- Masonry, as called for in Circular No. 2, and your right to exact the same from the Con- tractor ; in respect of the former, I avow myself as decided an advocate to day, for narrow embankments in railway construction, as I was a quarter of a century ago for " wide formation, " when I fought for 18 and 20 feet at sub-grade ; oven though everything above that line had to be " robbed " to secure the coveted widths, and that too, very frequently, when money was so scarce that I did not know from month to month from wha*- source the " next estimate " was to be paid. You see, then, that whatever I may be in politics, I am not a tory in professional matters. Your General Specification says (clause 2, sec. 4.) " The road- bed will not be less than 12 feet in width at grade. " In my letter of 9th June, 1873, 1 said that it would have been better to fix a certain minimum width of sub-grade. In my own practice I have been in the habit of fixing the Grade-line at not less than one foot above " formation " or sub-grade level. Eeading the opinions of somo of my brother Engineers, as called forth by your circular of June 1873, I observe that two of them seem to confound " Grade " and " Sub-grade," or to treat them as ** convertible terms," and so condemn your banks as too narrow. To my mind your requirement of " not less than 12 feet wide at Grade,'' conveyed the distinct idea that your sub-grade dimension would i m i 8 APPENDIX No. 5. bo not 1es8 than 16 feet, which i» quite rnough; as 12 feet is cer- tainly enough a foot higher up. I do not want my plough to leave snow-lugs on each side of the track, making a trench to invite rupid filling in, the first wind that blows. Under the terms of the original, or General Specification, you have, in my opinion, a well established right to exact from the Contractor, as in circular No. 2 you do exact, 15 feet width of earthworks at •' formation level. " Bridge Masonry. In my letter of 9th June, above referred to, I drew attention to what I considered a laxity of description as regarded " first class Masonry; " and which I suggested ought to have been defined by mentioning, in stated terms, the amount of cutting that would bo required on the joints of the face-stone. Without some such defi- nition the term " First-Class Masonry, " a comparative designa- tion anyhow, will always be open to misunderstanding as between engineers and builders. What passes, and may properly pass, as first-class work in a railway bridge, could hardly claim second rate classification in a canal lock. In the immediate case before me, however, it seems to me that the detailed specification (Cir- cular No. 2) which you not only had aright, but were in a man- ner bound, to furnish the contraetors, calls for nothing unreason- able in respect of Biidgo-Masonry. The contractors were fairly notified in the original contract and specification, that first class work of all kinds, would be expected at their hands, and they, being men of large experience in railway works, undertook to give it; and their assignee, the present contractor, has, in my judgment^ no just ground of complaint in being called upon to dress the &ce-Btone of the highest clnss of Mason-work required of him to quarter-inch joints. The clauses you have incorporated into your Circular from the Intercolonial Bailway Specification, exact nothing more than first-clas^ railway masonry ; and for that the bargain stipulated, .o C Lie or specification i-easonably within Specification, as this change in foundations undoubtedly is, my opinion is already given under the second point of reference. In respect of the desirability of the kind of foundation you propose, and which the Government Engineer pronounces " hazardous, " it is beyond controversy that the wood-work would have nothing to fear from the inroads of natural decay. Always under water it would be as durable as the stone itself. I have myself built bridge-piers of which the under- water portions were of crib-work, and now recall one long bridge, in particular, the substructure of which was so constructed ; where, I venture tj say, any signs of deterioration that are to be discovered, after twenty-three years of trial, may be looked for rather in the stone work above, than in the wood-work below water. Next, on the question of stability, I am of opinion that, in fitting localities as perfectly secure and stable base, whereon to erect piers of mason- work, may Ivt constructed on the composite plan, forming the subject of discussion, to such a height, some 25 feet, I 10 APPENDIX No. 6. fts yoar spocification contemplates, always assuming that the above water, or Mason- work portion of your pier, will not much exceed in height, that of the timber-work portion below. Whore such kind of structure may be judiciously used, however, will always largely depend on local conditions, and not being familiar with any of the places where you design adopting this system, I am not prepared to give more than general views upon it, adding that 1 would be timorous of using it in streams where the bottom is of shifting character, the current swift, and the ice above, liable to break-up and " run " rather than melt gradually out. Under such a condition of things, the cutting process, which. would be relentlessly, and year after year, exercised on the upper courses of the wood-work, might ultimately have a damaging effect on the stability of the structure. There ai*e certain of the details of your crib- work in which, were we to sit down together to dibcuss them, 1 might be found to differ from you. Fifth point: — The sufficiency of your Piers in respect of width on the Bridge- Seat. —In a matter of this kind I would to a certain extent, also be governed by local condition. Before venturing a decided opinion, I would want to know something of the loading features of the structure to be provided for. Its height above foundation level : the character, as to size, of the stone obtainable for the Masonry, &c., &c. ; but from such general knowledge atid recollection as I possess of what the ordinary height from river bottom to grade-line is likely to be on the Quebec North Shore Bailroad ; and also of the stone that, in some localities at all events, is likely to be available, I should say that six feet will be ample width for the top of the piers, and with such stone as I have seen come from Descbambault, for instance, I would not fear to build and guaranty, them on a width of five feet across the coping. Sixthly :—As to minimum elevation of road-bed over general stir- face of country, on embankments. — I am bound to say that the pla- cing of defer doing so until after the track is down, I am clearly of opinion that those one- foot-high banks of yours will eventually have to be brought up a foot higher. Having now addressed myself to each of the points, to which you particularly directed my attention, I would like, since most of the matters in difference seem to have grown out of the interpre- tation to be put upon the iovm first class, as used in the original Contract and Specification, to bo allowed to add a few words as to my own ideas on the subject. The designation " first class " was in common use in American Bailway phraseology, long anterior to the day, now only in its dawn, of Iron Bridges and Steel Rails. As these and other ad- vances towards greater permanency in the upper works of rail- way construction become more general, a new classification will doubtless obtain ; and lines hitherto indexed as in the front co- lumn, will, if unable to keep pace with the improvements of the time, have to take second rank; as will also those still to be built which, not having Government coffers, or other equally co- pious sources of supply to draw upon for construction pjirposcs, cannot be excepted at once to step forth in full panoply of steel and iron. For the characteristics heretofore entitling American, and Canadian railways to first-class certificates, we have commonly had to look below the ballast. Substantial eiirthwcrks, good, durable Masonry in Bridge-piers and Abutmentt, and the same \& »* .1 M hi \ 12 APPENDIX No. 5 in Arch or " Box " culverts, for the minor water couraes, with above all else, liberal provision for drainage, were the objects chiefly aimed at by Engineers, with a view to attaining as nearly as practicable to permanency in the road-bed. Boads so constructed long years ago, are to-day fitted out with steel and iron bridges, with little or no change of the original Hubstructure, and after having undergone three or four renewals of the undoubtedly second-class kind of superstructure in vogue when they were built. your contract and Specifications contemplate just such work ns gave to such roads the high classification accorded to them by general consent, and also provide, in all respects, for just as high a character of road as the country can afford to have. Your general Specification is less general in its terms than that under which the Grand Trunk Railway Contracts wore let ; and }Y was either drafted in London; or else in Canada by English Engineers •* just out. " If Canada is to keep on extending her railway system ; or the United States either, for that matter ; the principles that guided the construction of *' first class " roods in the past, will have to be adhered to, though the roads yet tc, be built may have to put up with a modified classification. On the plan you are endeavoring to carry out in Quebec, there is every prospect of our having ere long the long-hoped for North Shore Eailway ; while, had the new reading of the term " first- class " been adopted in the outset, the work, it is safe to say, would not yet have been begun ; and, if it is to bo enforced now, will probably never be completed; not, at all events, in your time or mine. Yours very truly, W. SHANLY. General S. Setmoub, Chief Engineer, North Shore Bailway, Quebec. APPENDIX No 6. CORRESPONDENCE WITH Mr. FLEMING. I' ] 4^ \ cc Mt had toil Koa( gratj you, rity Depa duri] cont] he is own Th matt* my o atten chaiij tothj be so I I APPENDIX No 6. CORRESPONDENCE WITH Mr. FLEMIN(;. The Chief Engineer to Mr. Fleming. Office of the Engineer in Chief, Quebec, February 22, 1875. Mt Dear Sir, Through he kindness of Ihe Secretary, I haA'e just had an opportunity of reading, with some care, your report to the President of the Company upon the affairs of this Road, under date of the 10th inst. ; and am exceedingly gratified to find that in many of the points submitted to you, consisting of the power of the Engineer, under autho- rity of the Board of Directors, to control the Engineer Department ; to change the line, plans, schedules, &c , &c., during construction ; and generally to exercise supreme control over the w^ork for the proper execution of which he is held responsible, are so fully in harmony with my own views. There are however, one or two other very important matters upon which your opinion differs so radically from my own, that I trust you will pardon me for calling your attention to them again, in the hope that a further ex- change of views may lead to a somewhat nearer approach io that harmony of sentiment and action which I feel to be so very essential in the present state of our afiairs. I refer particularly to your views as to the general \ I I \i>- t 1 1 \ 111 APPENDIX No. 6. character of the Road, if constructed under the present contract and specifications ; and also to your opinion that " Circular No. 2, " is not authorized by the contract. It is proper to mention that, beiore accepting the position of " Advisory Engineer," you called the attention of the Board of Directors to the fact that you had already com- mitted yourself upon the subject of the class of road pro- vided for under the present contract, in a correspondence with the Chief Engineer upon that subject in 1873 ; and *hat you should therefore decline to act in the matter, at *he present time, unL ss it should be with the full con- "Surrence of the Chief Engineer. I should mention further that, upon being called before the Board, I gave my full consent to your acting, with the understanding, which was assented to by the Board : 1st, that your views should not be considered as binding, either upon the Company or myself, so far as they related to the matters upon which you had previously expressed an opinion ; and 2nd that in taking linal action in the matter, the Board would give due consideration to the fact of your having previously pre-judged the case ; as well as of the fact, that your pro- fessional practice had hitherto been very different from my own in many particulars that could but have a very decided bearing upon several of the most important ques- tions presented to you. On referring to my letter of the President of the Com- pany, dated June 5th 1873, ipage 8 of pamphlet containing " Opinions of Several Engineers, &c.,i" it will be observed that, after informing him that I had taken the liberty of soliciting these opinions, I assure the Board " that they will have a controlling influence in my own mind in the consideration of any matter that is left open lo the decision of the Engineer during the progress of the ivorfc," Upon receiving, and carefully examining these opinions, I round in three of them, a very remarkable unanimity of A'^iews upon at least one point in the contract and specifica- tions, that is, the one which relates to the power of the Engineer. M. Shanly says : " But then the power of deciding all open questions is placed so entirely in the hands of the Engineer (as it should be,") &c. Mr Keefer says : •* In this contract everything- depends on the Engineer, who is the specification," &c., APPENDIX No. 6 8 Mr. Fleming says : ** Everything is vague and left to the discretion of the Engineer, " also, " Everything is left to the Engineer," &c. " It would be quite possible under these Specifications to build a Railway of a substantial char- acter," &c. Upon examining your own objections to the character of the Road provided for in the contract and Specifica- tions, I found that they related principally to the width of the earthworks, and the character of the masonry ; and I there- fore proceeded to prepare such " Explanatory or detailed Specifications," as I believed, under your own construction of the contract, I had the power to do ; and such as I thought would meet your objections, and at the same time redeem my promise to the Board of Directors. I will very frankly confess, that it was my firm belief that you would now sustain me in the exercise of that power ; and also that you would decide that " Circular No. 2," covered most, if not all of the objectionable points which you had previously raised, respecting the character of the work, and the vagueness of the General Specifica- tions, that influenced me, to a great extent, in consenting to your being again called upon to express an opinion upon a matter respecting which you had previouly com- mitted yourself. In fact, I felt so clear upon this point myself, that I did not think it necessary to trouble you with any arguments upon the subject, further than the submission of the naked question, accompanied by the Circular itself, which as I believed, contained in its own preamble the most con- vincing argument that could be made upon the subject. Under the foregoing circumstances ; and also in view of the very grcsat importance which I attach to this particular branch of the case, I trust that you will pardon me for asking you to re-consider your answers to questions 12 and 16, in so far as to allow the views which I may now present, to have the same weight in your mind, as they would have had if presented previously to your having given your present answers ; which answers I find coin- cide substantially with the views previously expressed in your letters to me upon the same subject. The General Specifications say : " The road-bed for single track will not be less th^in twelve f'^et in width at I APPENDIX No. 6. grade ; but will be increased on embankments, according* to heig-ht, or character of material, at the discretion of the Engineer." The 7th clause in the specification for graduation, and the 9th clause in the specification for superstructure, pro- vide that " when the native mateiial is unsuitable for sus- taining the permanent track " or " for ballasting the track," (which are evidently synonymous terms) " other suitable material shall be substituted therefor," &c.. You seem to have inferred, both in your letter to me of June 11, 1873, and also in your recent report to the Pre- sident of this Company that the minimum of 12 feel is at the base instead of the top of the ballast ; and you therefore compare this minimum of 12 feet, with your own approved minimum of 17 feet at sub-grade ox formation level, and very naturally conclude that our width is 5 feet too narrow ; and that it is not sufficiently wide to hold the ballast. I must confess my utter inability to comprehend how, under the plain reading of the Specifications, you arrive at the conclusion, either that this width of 12 feet is at sub- grade ; or that the Engineer has not the power to increase the width of road-bed at grade, to any extent that in his opinion the character of the material may render neces- sary, in order to secure for the base of the superstructure a good bearing width oinot less than 12 feet upon material that is every way suitable for ballast ; and also why, if the Engineer has this power, and chooses to exercise it, your comparison should not be based upon a width of 15 instead of 12 feet at sub-grade or formation level. It has occurred to me, however, that this misunder- standing may be the result of the different meaning which, in our respective practices, we may have attached to the terms: "Road-bed" "Formation Level," "Sub- Grade," &c. In my own practice I have always regarded the top of the " Road-bed " as representing substantially the same elevation, when fully completed and ballasted, as the bottom of the cross-tie or superstructure of the track ; and the terms " Formation Level " or " Sub-G-rade " (which I assume to be synonymous) as representing the base of the ballast, whenever it is found necessary to substitute a better material for the bed of the superstructure, than the native mateiial of which the Road-bed may be composed. APPENDIX No. 6. ^ To assume that the width of " Road-bed, " was to be only 12 feet at " Formation Level" or " Sub-Grade," when the nature of the material was such as to require one foot in depth of ballast ; thus reducing the top width of ballast to nine feet, has certainly never entered into my own mind ; and I am quite sure that neither the former Con- tractors, nor the present Contractor have ever placed such a construction upon the Specifications. To show you that my present views upon this subject, are the same that I have always entertained. I have but to refer to my letter to you of June 18th 1873, in which reference is also made to the same views as contained in my ' Gauge Pamphlet," which was written in 1871. In the copy of the General Specifications for the Main- Line, which in February, 1872, I submitted for the appro- val of the Board of Directors, the following language w^as used: " 2. The Road-bed for single track will generallif be twelve feet in width at grade," &c. ; but at the sugges- tion and special request of Honorable P. Garneau, then Mayor of Quebec, and now Commissioner of Public Works for this Province, the word "generally," was stricken out, and the words " not less than " substituted therefor, so that, as he expressed it " there could be no possible mis- take upon this point." If I have succeeded in satisfying you that the question of the width of Road-bed, immediately under the tie, is fully understood by all parties hereto be " not less than 12 feet " vn'ier any circumstances ; and consequently that the width of the Road-bed at sub-grade, must be at least 15 feet, and as much wider as the Engineer may deem neces- sary, " according to hight of bank or character of material," may I ask you, in comparing this width of 15 feet at sub-grade, with your own approved width of 17 feet, to state some of the more prominent reasons, why in your opinion, a greater width than 12 feet, is required at the base of the tie ; and also why a greater width than 15 feet is desirable for the ballast to reet upon, which generally slopes from 1, to IJ to 1. Referring also to that portion of " Circular No. 2, " which relates to " Masonry," will you kindly inform me of the particular clauses which in your opinion are in conflict with the General Specifications. It has occurred to € APPENDIX No. 6. me that if the entire 3rd clause was stricken out ; or perhaps if the words " and details " were stricken out from the third line of the 3rd clause, you might consider the balance as being within the authority and require- ments of the contract. I beg leave to state, however, for your information, that no question has thus far arisen between the Contractor and the Engineer as to the character of the Masonry already built ; and I have no reason to suppose that any question of the kind will be raised in future. Will you also kindly inform me of the increased width or weight that you would give to my plans ibr masonry ; and also of the modifications which 3'ou would suggest in my plans and specifications for foundations in deep water. I will take the liberty of enclosing another copy of " Circular No. 2," with the request, if not giving you lOO much trouble, that you will erase, alter or interline it, in such a manner that when taken, either as a whole or in any of its parts, it may be regarded as foreshadowing the decision of the Engineer ; or rather deciding in advance, such ques- tions as in your opinion are clearly left open for his decision, in the existing Contract and General Specifica- tion8„ I beg to remain, My dear Sir, Yours very truly, S. SEYMOUR, Chief Eng.N.S.R SANDFORD FLEMING, Chief Eng. C. P. R. R Ottawa. APPENDIX No. 6. t The Chief Engineer to Mr. Fleming. Office of the Engineer in Chief, Quebec, February 23, 1875. My Dear Sir, I beg to enclose extra copies of " Circular No. 2, " which I find were omitted from my enclosure of yesterday. If you should conclude to open or re-consider any por- tion of your report of the 10th inst., I will thank you to re-consider especially the ground you take respecting the precedence which should be given to the " General Specifications " over the expressed conditions contained in the bodij of the contract to which it is annexed. And also, please give due consideration to the 8rd and 6th clauses of the General Specifications, under the head of " General Provisions." My own views upon this subject are ex- pressed on 2nd and 3rd pages of the Pamphlet containing " Opinions of several Engineers," &c., also on the 15th and 1 6th pages of the " correspondence," contained in the same Pamphlet. I desire to assure you, my Dear Sir, that my only object in asking you to re-consider any portion of your former report, is if possible to find some common ground upon which we may meet, and act together in the promotion of the true interests of the Railway Company ; which in- terests, I am firmly persuaded, will be placed in great jeopardy by the re-opening of the present contract, as you at present advise. Your very truly, S. SEYMOUR, SANDFORD FLEMING, Esq., Ottawa. 1 s APPENDIX No. 6. Mr. Flemmg to the Chief Engineer. Canadian Pacific and Intercolonial Railways, Opficb of the Enoineeb in Chief, Ottawa, Feb. 24th 1875. My dear Sir, I am this day in receipt of your favor of the 22nd instant. I regret exceedingly that I cannot comply with your wishes with regard to reconsidering some of my answers to the questions which were recently submitted to me by the Board of Directors of the North Shore Railway. I have had no communication with the Board on the subject since I sent my report, on the 10th insl. The subject has not since engaged my attention, and I have nothing to add or take away from what 1 then submitted ; and I could not conveniently take it up at this time, so as to give it that consideration which it deserves, without seriously neglecting other uuties M'hich are now pressing on mo. Under all the circumstances, I trust you will not consider me at all discourteous in thus simply acknowledging the receipt of your letter at this time. Believe me, My dear Sir, Yours very truly, SaNDFORD FliEMINO Genl. S. Seymour, Chief Engineer, N. S. Ry. Fob. 25th. P. S. — I wrote the above before seeing your telegram, announ' cing that a second letter had been foi warded me, and asking mo to wait until its receipt. Yours of the 23rd is now received and I liave telegraphed the President of your company on the subject. For the present I am sure you will pardon me declining to take up the subject again. S. F. APPENDIX No 7. CORRESPONDENCE RESPECTING LEGAL OPINIONS. I! Deai In of th 8tute Com] wliic 1 woi take unde: Ha been porta unclei preps whiel mis^i I b legal to pi't pany' iheB is to I A. H, Noi in the APPENDIX No. T. CORRESPONDENCE RESPECTING LEGAL OPINION. The Chief Engineer to the Secretary. Office of the Engineer in Chief, Quebec, February 20, 1875. Dear Sir, In a conimuiiication addrcsHcd to Ihe President and Directors of the Company, on the 30th January last, I had the honor to state, that: " in view of the great importance to the Eailway Company, of the questions herein discussed; as well as others which are now pending with the Government and the Contractor, 1 would respecfully, but earnestly recommend that the Company take measures necessary to ascertain its legal position and rights under the contract, at the earliest possible day. Having learned from you that no such measures have as yet been taken by the Company ; and believing it of the greatest im- portance that the legal position of the Company should be fully understood by the Board of Directors, I have taken the liberty of preparing and enclosing to you herewith, some of the points which 1 consider to be of the most pressing importance, for sub- mission to the Legal Advisers of the Company. I beg leave respectfully to ask that I may be furnished with legal opinions upon the points referred to, in time to enable me to prepare some remarks upon the present situation of the Com- pany's affairs, which 1 propose to submit for the consideration of the Board of Directors at its next meeting, which I understand is to be held on Tuesday of next week. I have the honor to remain. Mr. Seci'etary Your Obt. Servt., A. H. Vetret, Esq., Secretary, Jf. S. R. Co., Quebec. S. SEYMOUR Eng. in Chief. Note. — The points onclosed in the above letter will be found in the following opinion. 1 LEGAL OPINION OF MESSRS. ALLEYN AND CHAUVEAU. Quebec, 1st March, 1875. A. H. Verret, Secty. N. S. 11 Co., Sir, We have the honor to acknowledge the receipt of j^oiir letter of the 25th ult. containing the questions hereinafter contained, and I'equesting our opinion concerning the same, which we send : 1st. Keferring to the original contract and general specifications for the Main Line. The contract clearly calls for the construction Qf a " first class Railway'. " Do the general specifications contain any provisions which have the eifcct to release the Contractor from the clearly expressed requirements of the contract to which they are annexed ? Answer. The general specifications referred to, form part of the contract. The}- do not release the Contractor from his obligation to construct a " first class Eailway " such as contemplated by the parties to the contract. The express undertaking is to build *' a first class Kailway; " and the parties have defined by the specifications in question what, under said contract, they consider a " first class Railway, " leaving therein great control to the Engineer in Chief. In other words, the Contractor is bound to construct a Railway in conformity with the contract, and not beyond the requirements of the specifications. 2nd. Referring to the original contract and specifications : are the powers therein delegated to the Engineer in Chief of the Railway Company, when taken in connection with the other pro- visions therein contained, sufficient if properly exercised, and complied with by the Contractor, to secure a " first class Railway, " as that term was understood by the respective parties thereto, at the date of the contract ? Answer. The powers delegated to the Engineer in Chief are, in APPENDIX No. 7. 8 our opinion, umpio, if properly exercised, and complied with bv the Contractor, to socuro a " first class Railway, " as that term tippoars to have been understood, and is used by the respectivo parties in the contract. 3rd. Roferrinjj to the 3rd & 6th clauses of the general specifi- -cations for the Main Line under the head of *' General Provisions ; " also 2rid & 7th clauses under the head of " Graduation ; " and IHh clause under the head of *' Superstructure. " Has the Ciiief Kngineer the power to re(piiro that the road-bed shall be of any width, not less than twelve feet, at grade or the bottom of the <'ross tie. And also that the character of the material of which the top of the road-bed is composed, shall be suitable for sus- taining and ballasting the permanent track ? Answer. The Engineer in Chief has, under the contract and the general specifications, the power referred to in this question. 4th. Referring to the accompanying " Circular No. 2 ; " are the i)rovisioiis and directions thei-ein contained, such as are authorized l)v the contract, and the specitications thereto attached ? Answer. The language and expi-essions used in " Circular No. 2 " are, in several respects, ditt'erent from the terms used in the con- tract and specifications; and we are not pro'^ared, without further explanation, to say if all the provisions and directions contained in such circ\ilar, are authorized by the ^aid contract, and specifi- cations thoi-oto attached. We arc however inclined to think, that the provisions contained in said circular under the heads of '' Right of Way, " " Fencing, " " Earth Works, " and " Drainage, " are authorized by the contract and general specificaions. An Engineer could, we believe, more readily answer this question than a lawyer. 5th. In case of a violation of the contract by the coiitra^-tor, in not compljMng with the directions of the Engineer as to the man- ner of executing the work ; in not progressing with the work to the satisfaction of the Chief Engineer, so as to complete the road within the time specified in the contract ; in not furnishing the Railway Company with the money when required to pay for the right of way ; or in not paying the Engineering ex])enses of the Company ; what is the proper remedy of the Railway Company under the existing contract ? Ansiver. Under the supplemental contract of the 2'st February 1S74, the work of construction is to be commenced immediately after the signing of the contract, and to be proceeded with to the satisfaction of the Chief Engineer of the Company; and the Direc- tors have the right to have the contract declared cancelled if the work is not commenced within six months from the signing of the contract, and proceeded with continuously thereafter. Under the above terms, we are of opinion that, in the event of the Con- n 4 APPENDIX No. 7. tractor violating his contract, as inentionod in said queution, the Directors would have the right to take stops to have the contract eancellod, and to huo the Contractor for anv liabilitios incurntd by hiin towards the Company under the said contract; and in the event of the Contractor not furnishing the Railway Company with the money required to pay for the right of way; or not pjiying the Engineering expenses of the Company, the Directors would moreover liave the right to retain out oF any monies, in their hands, due to the Contractor, a sum or sums sufficient to meet the above requirements. Your Obt. Servants, (Signed,) ALLP]YN & CHAUVEAIT. NORTH SHORE RAILWAY. CIRCULAR No. 2. {Beprred to in the above opinion.) VCR THE INFORMATION AND OUIDANCE OF THE ENQINEEB DEPARTMENT ANI> CONTRACTORS ; With reference to certain matters uhich are left open for the decision of the Engineer f in the General Specifications for the Main Line. The contract for the construction and equipment of the North Shore Railway, and the general s))ecitication8 attached thereto, provide for a first-class railway in all respects, so far as the main line between Quebec and Montreal is concerned. The fact that this was made a condititjo precedent, which must be co^nplied with before either the IJailway Company, or the Contractor, would be entitled te receive t!je large amount of aid granted to the road by the Provincial (.!o.ernment, and the City of Quebec, rendered it unnecessary to embody in the original fpecifications, all the details which are usually contained in the specifications for a first-class railwa}'; and many matters of im- portance were therefore left to the decision of the Engineer, du- ring the progress of the work. In view of the great importance of insuring a perfect under- standing, and harmony of action, at the out-set ; as well as uniformity in the character of work upon all portions of the line ; and also for the purpose of facilitating the proper execution of the work} and of carrying out the true spirit and meaning of the APPENDIX No. 7. 6 contract nnd original Hpecificalions, tho following explanatory or detailed »\>Qc'\^cvki'\ov\>\ have been prepare*! in relation to the difte- Tent claHses of work hereinafter refered to, ho far as any contii^ gency connected therewith can now bo foreseen and provided for. I. KioHT OF Way. 1. The Right of Way must be secured of HufTiciont width for tho construction of the llailway ; and Jils-o to allow of the bounduiy fences being built entirely upon the Company's land, without interfering, either with adjoining lands, or with top slopes of excavations, side drains, and borrowing pits required to bo made during the construction of the Railway. 2. At points were Stations may be located, tho extra width required will bo designated by special instructions form the olfiee the Engineer in Chief. II. Fe^:cino. 1. The character of the fencing .nd gates along the boundary lines of the Railway, as regards the durability of the materials of which they are composed, and the style and workmanship of their construction, must be fully up to the standard of the fencing and gates in general use upon the tirst-class farms contiguous to the Railway, iuihe Parishes and Counties through which the Railway passes. III. Earth Works. 1. Tho grade line as indicated upon the profiles, is intended t j represent tho elevation of the bottom of the cross-tie in the super- structure. , 2. The minimum width of twelve feet, as specified for single track, is intended to apply only to cases, both in excavations and embankments, where t!io native material is oK sand or gravel, .suitable for the reception of the superstructure without requiring ballast; but when such is not the case, the road-bed will be left with a top width of fifteen feet at sub-grade, so as to allow of one foot in depth of ballast, and a finishing width of twelve feet at grade. 3. The elevation of the sub-grade, will generally be one foot below the grade line, as indicated upon the profiles; but it may vary from this at the discretion of the Engineer, after allowing for proper gradients for the .saperstructure. 4. The finishing width of twelve feet, as above specified, is in- tended to apply to the road-bed after becoming fully settled ; and .Hfler the slopes have become firmly fixed in position, so as to bo free from the dangers of scouring, slides, &c. ; and the Engineer 1 \-^> 6 APPENDIX No. 7. in charge must inako due allowance, in extra widths, for height of banks, chuiacter of material, and other contingencies of this nature, during the progress of the work. 5. Surface, or catch-water drains, must be excavated at a proper distance above the top slopes of excavations, in wet ground, when- ever they will have a tendency to turn the water from the slopes and road-way, and lead it into an adjacent culvert or isluice. (i. The present line of location is intended to be the center lino of the single track now to be constructed; and the space reserved for an additional track, will be twelve feet in width ; and will, as a general rule, be located upon the Southerly side of the present; road-bed ; but the Engineer in charge may depart from this rule in exceptional cases, having due regard to the distribution and procuring of material, and also to the proper future alinement or the track. 7. Whenever there is a scarcity of material for embankments, the space reserved for the uouble track may be encroached upon for borrowing purposes, to a sufficient extent to avoid the neccs-. sity of hauling loi g distances : but before doing this, the adjoin- ing excavations, if within hauling distance, will be excavated to the full width required for double track, or even a greater width if necessary, and the material hauled into bank. 8. In excavating side drains and borrowing pits, care must be taken to leave a sufficient bcrme, with proper sIojjcs, for sustain- ing the embjinkments, and also the division fences, without en- dangering their stability or usefulness. The width of this bermo will generally be two feet, but may be governed by the nature of the material, the height of banks, and the depth of side exca- vations. 9. The side drains at the foot of the upper side slopes in exca- vations, whatever may be the depth of cut, or nature of the ma- terial, should never be less than one foot in depth, one Coot in width at bottom, arid four feet in width at lop, v/hen the road-way is ready for the superstructure ; and they should always have sufficient longitudinal inclination to carry otf the water with fa- cility. Upon the lower side slopes, where the surface drainage is away from the Eailwa}-, and the slopes are of moderate height, these drains may be reduced in sii^e. AVhere the cuts are exca- vated to sub-gi'iuie, these side drains should never be less than one foot in width at bottom, and one half foot in depth below sub- grade. In cases of very wet material, or whore a considerable volume of water is necessarily carried through these drains to a cross opening, they will bo increased in dimensions to suit the circumstances. 10. In side hill work, where materials for the adjacent banks are scarce, it is desirable to borrow fr»m the lower Bide of thorough cuttings to as great an extent as practicable, even to the rcmo- mmmmmm APPENDIX No. 7. ving of the entire body of earth down to Ihe level of the grade, from that Hide of the road-bed, in order to avoid obstructions from snow, and to facilitate the drainage of the roiid-bed. 11. The Ergineer in direct charge of the work will b'Mir con- stanly in mind the paramount necfisBity in ihis climate, of guard- ing against the danger of obstructions from snow, in the future running of the road ; and he will bo expected to adopt every practicable expedient to obviate this danger, both in the forma- tion of earth works, and in the borrowing and disposition of ma- terial; having in view also the future construction of snow fence* along the lino, at all exposed points. IV. Drainaoe- 1. The question of cross or lateral drainnge will be made tlio Bubject of s|'ccial observation and study by the Engineer in direct charge of the w«)rk ; jind great care must be taken to adopt opc- iiigs of sufficient sectional area to pass the waters of the highest floods ever known, or likely to occur in the locality. In cashes of doubt, the decision should alwaj's be u])on the side of safety. 2. Open or beam culverts and sluices will be avoided in all cases where covered box culverts will s^afel}- answer the purpose, and where the depth of bank upon the covering will be sufticient to protect the masonry from injury by the pas^^age of trains. Two feet in depth of earth, below the bottom of the cross tie, should 'lo renarded as a minimum. French drains, and tubes, composed of iron or other suitable mrtoiials, may be used in cases where it can be done with safety. 3. The side walls of opetj water or road-ways, cattle grards, &c., of twelve feet spans and under, will bo left two feet below grade, in order to allow for a wall jlate and longitudinal sleeper for the su])pr: I of the cr.'is^s-lies. Whenever the spans exco^xl twelve feet, these structures, as also the masonry required for piers andabutmen^H if trnss bridges, will oe made to coii rm to the specific plan of such structure. V. CATTLi; Guards. 1. Cattle guards will generally be constructed of stone masonry, of the character described in the 6th paragraph, under the bead of Masonry, in the General Specifications. This will always bo the case when they are used for ])urposes of lateral drainage ; but when this is not the case, and when suitable stone is not easily attainable, they may, at the discretion of the Erwliieer in charge, be constructed of good sound Cedar, or oth^' equally durable timber, after the plans adopted upon jthr firsv slass Eailways in Canada. 8 APPENDIX No. 7. VI. Masonry. 1. The term First-class rubble masonry, as used in paragraph 2, under ihe head of Mason av, in the Gonei'al Specifications, is in- tended, so far as regards strength, durability, general appearance, and pi'oper adaptation, to secure worlc which shall be fully up to the standard for similar structures upon the Intercolonial, (rrand Trunk, Great Western or any other tirst-ijlass Kaihvay in Canada. 2. The exception with reference to broken or irregular coui'ses, in extreme cases where the quarry will not afford stone of uniform thickness for every coiuvjc, must not be construed in such a manner as to result in work which shall be inferior in strength and, durability, to ordinary first class ranged work. 3. The following extract from the 67>ft'//zcrt^wi,s/<>;' the Interco tonial Railway is given as a guide to the Engineer in charge. Con- tractors and Insjjectors, with reference to the general character and details of this class of work in the more important structures upon this road : " 42. First-class viasonry shall be in regular courses, of large well shaped stone, laid in mortar on their natural beds, the beds and vertical joints will bo hammer dressed, so as to form quarter- iuch joints. The vertical joints will bo dressed back square 9 inches, the beds will be dr«>ssed perfectly parallel throughout. The work will be left with the " quarrj' face, " except the outside arrises, strings and coping, which will be chisel dressed. 43. The courses of first class masonry will not be less than twelve inches, and they will be arranged in preparing the plans to suit the nature of the quarries, courses may range up to 24 inches, and the thinnest courses invariably bo placed towards the top of the work. 44. Headers will be built in overy course not further appart than 6 feet, thoy will have a length in lino of wall of not less than 24 inches, and thoy must run back at least 2^ times their height, unless when they will not allow this proportion, in which case they will pass through from front to back. Stretchers will have a minimum length in line of wall of 30 inches, and their breadth of bed will bo at least 1^ times their haight. The vortical joints in each course must bo arrangea so as to overlap those in the course below 10 inches at least. 45. The quoins of abutment-, piers, &c., shall bo of the best and largest 8tone.ec, June 12, 1874.