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•HP 
 
 
 ^ / / 
 
 NORTH SHORE RAILWAY. 
 
 ^.y-^ V"^ ^"V ,'-V --^ '""^-.'^^ >-"*- 
 
 MR. SANDFORI) FLEMING'S 
 
 REPORT 
 
 ON THE SUBJECT REFERRED TO HIM 
 
 BY THE 
 
 NORTH SHORE RAILWAY COMPANY, 
 
 WITH REPBRBNOB TO THE 1 
 
 EXISTING DIFFICULTIES BETWEEN THE 
 
 OHiiEin Ensro-insTEEi?. 
 
 AND THE 
 
 CONTRACTOR. 
 
 w 
 
 FEBRUARY 10, 1875. 
 
 B^tTDOBT Job and Book Offlce. 
 
//^♦r^g-, 
 

 NO inn SilOlJK !{AI1,WAV 
 
 Ottawii. FchniaiN K), |.s7"). 
 Col. W. Ri!oi)i:<;, Presidoiit N. S. li.. Qiu-Iht. 
 
 SiH, 
 
 1 1k',u- liL'i'L'vvitli to ti-aiisinit toyou ilic opinions 
 f have formed on tlie se\ei!il inatU-rs of (liU'iTence hi'- 
 tween the Board of Directors, the Chief Knnineer and 
 the Contractor of yonr Company, which matters were 
 left to me hy your Boanl. with the full concurrence of 
 the other [)arties interested. 
 
 Jn order to elicit my views on the various points in 
 dispute, certain questions were ])re]»ared and suhmitted 
 to me hy the l^Mird, others were ad(h'd hy the Chief 
 Engineer niid tiie Contractor. 
 
 The questions suhmitted hy the Board ai-e num- 
 bered from [ to 10 inclusive. 
 
 To these the Chief En,L!'ineer ad(h'd one (juestion 
 which I have numbered !(•. 
 
 The Contractor iidded ten other (piestions which I 
 have luunbered from 17 to 20 inclusive. 
 
 The contract, specifications, plans, t)roiiles. drawings 
 and a large number of printed jind written documents 
 bearing on the several (juestions were placed in niv 
 hands. 
 
 I have given the whole the best considenition in 
 my power and now respectfully subndt replies to the 
 tAventy-six questions above referred to. 
 
 i , 
 
I 
 
 J 
 
 Noirni sjioiiE i;.\iL\VAY. 
 
 IJEl'LIKS. 
 
 (QUESTIONS. 
 
 I. U'/io litis the. a})})(tiiitiu(:ut of the 
 Kiujiiiceriiui Stiifj\ innlcr the ronlrnct, 
 ahf) the Jixiuij t>J' .sdfan'as and the dtsi)/- 
 nation (if tint itxf 
 
 I. Tlio Contract (.loos not ai>pear to 
 «l(?lino these points l)utastlie several 
 lueniljers of the Engineering statl'aro 
 Company's ottieers. their appoint- 
 ment shouUl he made hy tlie JJoaril 
 or hy the (.'hiel" Engineer nn(ler tlie 
 authority oi'th'j Board. 
 
 Ivu'h menxl)er of tlu^ Engineering 
 stall" is to a certain extent a Deputy 
 or l>ei)rescntative of tlio Chief 
 Engineer ; he is held responsihle for 
 their acts and should invariahly bo 
 called uj)on to advise witli regard to 
 the appointnuMit of his start, and no 
 api)ointment should he made unless 
 with the recommendation or the full 
 concurrenc;e of the Chief Engineer. 
 The salaries shoidtl he fixed hy the 
 Board on the recommendation of the 
 (Jhief Engineer. 'I'he Cliief Engineer 
 should alone give instructions to his 
 statfand designate their duties. 
 
 2. Is it the ''"ti/ of the Emjineeriny 
 Stajy appointed iiij the Chief Eiujineer of 
 the Cainpani/ to Hiiperintend the con- 
 struction of the road as well an to inspect 
 the work f 
 
 2. It is the duty of tlie Chief 
 Engineer assisted by his staff to 
 direct, superintend and inspect the 
 entu'e work and see it jjroperly 
 carried out. In connection with these 
 duties the start is responsible to the 
 Chief Engineer and he to the Board 
 of Directors for his and their acts. 
 
 8. Who shall decide ujwii the number 
 and rank of the Enijineeriny Staff to be 
 eniphij/ed durimj the different stiujes of 
 proijress in the work ? 
 
 3. The Board, on the advice and 
 recommendation of the Engineer, 
 should decide upon the number 
 and rank of the start' at all times. 
 
 4. Is it cnstovHiry or expedient to 
 disband the staff dnrint/ a partial rus- 
 
 pension of the work in winter? . t • 
 
 4. It 13 sometimes done, but not 
 
 always wise or expedient. The best 
 
 
I 
 
 J 
 
 Nojrni SlIuHE HAILWAY. 
 
 I > 
 
 intfvostH oi'ji Comi)any or a (lovorii- 
 lucnt (U'lnitnd that tlu'ir EnuiiKMM-s 
 slioiild lit! cliiiracti'iizt'd by lii;i:li 
 intc^'iity and skill. In this elimati'. 
 out door ojK'iMtions cannot bo cariicd 
 on with advantage dnring a i»ortion 
 of the year, but to disbaiid the statl" 
 during that period \v<iuld inevitably 
 compel men of the best character to 
 seek for more satisfat-tory engag»^ 
 ments or other employment and it 
 would be extremely ditticult to main- 
 tain the staff' in a. state oi i>roi)er 
 efticiency. 'J'he best course in my 
 juilgment is to emi>loy a minimum 
 luunber of really etiicient men, to 
 make their engagements in each case 
 continuous until the completion of 
 the work or lor a fixed term of years. 
 
 5. What Enijinecriiuj force should be 
 retained upon this road, at the present 
 time and dnriiH/ the prcxtnt u-inter, in 
 view of a full rexunijition of work durimj 
 the coming season / 
 
 partly met in 
 The principal 
 
 5. This question is 
 the proceeding reply, 
 officers should be retained, those only 
 should be relieved of their duties for 
 whom no useful emjjloyment can be 
 found, whose, individual services are 
 not essential in any way when the 
 work is resumotl and whose phices 
 could bo easily and efficiently filled 
 by other persons when required. 
 
 6. Is it the duty of the Contractor to 
 pay such Emjineering expenses as may 
 be certified or approved liy the Enyinea' 
 in Chief "i 
 
 • 
 
 G. The Chief Engineer and every 
 one of his Assistants being Company's 
 officers should be paid directly by 
 the Company. All reasonable and 
 necessary expenses mcurred in con- 
 ducting the Engineering work should 
 be met by the Company and not by 
 the Contractor. It is clearly improper 
 that the Contractor, should be (as at 
 present) the paymaster of the En- 
 gineering Staff. 
 
 It is true that expenses connected 
 wiUi Engineering are embraced with- 
 in the lump sum of the contract, but 
 the Board of Directors should make 
 
(; 
 
 XoKTII >>IU*\1\: WAILWAV. 
 
 i^iicli ill riini.'('m('nts as imiy l.c ih«co.s- 
 sMiT to meet cniriiu'criii;.' cvpoiiscs 
 <'itlicrliy retaining IVom the Contrac- 
 tor, I'loni tiuie to time, sntHcient 
 I'lunls I'of this pin'iiosc or otherwise. 
 
 7. Ifiirc llic EiKilnrrrliKj Kxpntucs 
 V]to)i this rodil siih'i: Jaiuitdi/ i.sl IS74 
 heiii) (frciiftT than uwre iicrrssan/ or ex- 
 ]ifilinil ill I'irir of / III' oii/iiiiiif of ii'ork 
 ri'i/iiircil (o Ik: done, iiiidi'.r tin' cinifract'i 
 
 7. I hav(> not .siillicient data to 
 onal)lo me to Jorni an opinion on 
 tliis (juestion. I m ly observe, how- 
 over, that the vahio ot'tiie work done 
 by a Contractor is not always a correct 
 inih^x to tht! necessary cxi)enses on 
 Enginoerin<,^ account. A certain statJ" 
 is indispensihle wliethor the contrac- 
 tor's Ibrco he lar<,'o or small, whether 
 lie carries on tiie work with great 
 viiior or not. 
 
 ■'^. Ts if rti.v/t,iiiiiri/ diiil ])ro])orfo)' flic 
 EiKjinci'r tit riuiuije ilic linn (ind t/rades- 
 of <i roiid, (,r l/ii' phnis of slrm-liireK at 
 0111/ aiol oil liiiirft iJnviiiij mnslniclioii 
 ir/irii ill Ills opinion f/ie roufract allows 
 and ilie (jood of the irovk requires it to 
 be done ! 
 
 S. It is customary and !>. riper to 
 resei'vo i)owors for the Engineor at 
 any time to make any changes which 
 in the interests of th(i Company may 
 he deemed ailvisal^h^ ; under those 
 })Owei-s minor changes ai-e constantly 
 and advantageously made on similar 
 works. It would, however, heunivlse 
 for the Cliioi' Engineer to make mate- 
 rial changes after the line, grades 
 and plans have been established and 
 acted on by the ( 'ontractor, without 
 the authority of ttie Board of Directors 
 as such changes might involve serions 
 claims for (lamages or extras which 
 it wonld ho the interest of the Com- 
 pany wholly to avoid, in a contract 
 of this kind, in order to avoid such 
 claims and all difhculties, T would 
 consider it advisable to seek and 
 ol)tain the concurrence of the Con- 
 tractor when changes ofan important 
 character, involving conslderal>le cost 
 are proposed. 
 
 IV 
 
NohTII Sllolfl-: HAil.W.W 
 
 '.•. Do the ciinilHious of tlw rifsfiiK/ 
 roii/nicf firnliii/r /'ir ihiijliiiir f'n,>n 
 (loiinj this njniii this l!,,wl from' tiiitl 
 (ifin- (1111/ jiarlicn/ifr litiic il'm'imj con- 
 .s/nicf/'on ! 
 
 '.*, 'I'lit' jii "n('i|il('s liiid down in my 
 r('i»Iy to tlif picvums «|U('sti(>ii (No. 
 S) should I think l>.> ;irti'd on undtM- 
 tliis contract ;it mII times hy all 
 Jtai'ties coiicfiiicd. 
 
 1<|. /.v thf Coinjxoi// hoini'l hi/ jihnis', 
 ]))'i>/iif'.^ (11, il s/xrifu-d/ioiis once put in 
 t/ie /idnifs (f the Confnn-for for his 
 yiiidance tiy the Chief Kinjineer! 
 
 ^ 
 
 Id. My reply to (jiicstion No. S 
 partly moots this i)oint. Slioiild tno 
 <'oiitractor act on the i>Ians, prolilcs 
 and specifications put in his hands 
 and make expenUitiiro in prej)arin^' 
 material oi- in dr)in^ work in connec- 
 tion therewith which would he u>eh'.ss 
 in wholo or in part in carrying out 
 the altered plans Ac. th(> ('(>ntractoi- 
 should he indemnitied for loss so 
 sustained, 'i'ho ('om])any however 
 should have the power (as already 
 oxi)ressetl in iei)ly to So. S) througli 
 the Engineer to change any ])lans at 
 any time it may apj)ear expedient. 
 
 1 1 . Has a proper discretion Jjeen 
 exercised so far by the Engineer ac'conl- 
 vif/ to the fourth section of the sjiecifica- 
 iions un(f(r the title gradiiation and in 
 the case (f the icorks IteiiKj insujficient 
 for ivnnf (fsuch discretion, could it be 
 remedied in the present state (f the works 
 without an indemnittj (f some kind to 
 the Contractor 1 
 
 
 il. Not having seen any portion ol 
 the line or the work in part corstruc- 
 ted, 1 have had no opportunity of 
 judging except hy inspecting " the 
 ])rotile and my opinion with regard to 
 the graduation oi'the line as projected 
 and shewn on the profile vv'ill ho 
 «uhmitted in reply to (piestion \:i. 
 
8 
 
 Nul.TII SIlnlJK IIAILWAV. 
 
 r cm soo notliiiii.' wliiitfVtT to jup- 
 veiit any tlfl'cft in llu^ ijirailiialinn 
 hciiig i<'im'<lic<l, and 1 sim siitislitMl 
 from what 1 have Icaiiicil that voiy 
 little, il' any, Work ahcidy cxrciitt'd 
 Would i)t' rcndciiMl u.-tdos hy any 
 (dian;.'c whicii may now iic dt'cmcd 
 af.lvisaldc. With I'.'^ii'd to thf (jni's- 
 tion of indemnity to the |tit,'Sfi,t 
 <'oi irtoi, thi- dt'|H'nds on how far 
 he IS iciii<li'(l l)y iid'oi'niation I'ur 
 nidied l)el<n'e entering into the sup 
 l)lementiuy contriu t. 
 
 lU. Jh>c.s' fhc ('xifiti)iii ninlidvl pmrhle 
 yjyr a First ( Mass I'ailway in t/ie onlin- 
 an/ arcrpfafioii of (li<it irord ! 
 
 \'l. '['he expression '' lirst olas.^ 
 Railway" is i'reifuontly uscmI in th'i 
 eorrespuudence ami discussions on 
 tho suhjeet, anil the words -'lirst (dass" 
 nre iniMitioncd in thecontracd. Had 
 theie iieeii no spetdHcation whati^vor, 
 the contract might have heen con- 
 strucil to mean a Railway not inh ' •■ 
 in tho ehara(dor of its works of 
 construction to tho best K'aihvuy as 
 wc lind them in Canada. 8U(di as the 
 (Jrand Trunk, the intercolonial, the 
 (ireat Wivstern, tho Noi-thern and 
 other similar lines; but a c-areful 
 j)erusal of tho g(aieral specifications 
 attaclied to the contract does not 
 give me the idea that a first class 
 Railway was oi-iginally intended. Jf 
 the line was built according to tlie 
 true intent and meaning of the 
 general s])ecitications, I do not think 
 that tlie work would be at all e(|ual 
 to the lines referred to. It would, 1 
 am satisfied, be considerably under 
 the average CanaiUan stanilard. I 
 am decidedly of opinion that the 
 expression " First Class Railway" is 
 not in harmony with the terms of the 
 general specilications. I have already 
 expressed my opinion on this (juestion 
 in letters dated Juno 11th 1873, and 
 June 2;ird, 18To, addressed to the 
 
 (< 
 
NiMiril SlIol.'K I.'AII.WAY. 
 
 
 
 Cliit-r Kii,::iiir'<'i', iipiM'nd'Ml licvcto— 
 jiii'l I liiivc sccMi Mil n-iisDii to iiltcr tli(> 
 vicw.-t tlii-n i'<iiiat'<l. 
 
 1.'5. Arc the ji/iiiis III' l'i>iuiihi/i(iii.'<, 
 Diasoiinf (ind /irii/</>'i iipiui this rnoil 
 /ii'(i/)(')l;/ fi<i(ij)li(l /)> the )li/)'ti'eii( Iticttf- 
 ifii's oiul siiitithle ill (IhiH'iisiiiiin (ind 
 .sli'tiiijlli f'ui' f/njtiirjxi.sc'i iiiilicahil f 
 
 (< 
 
 l.'{. Not liivin^r cxiuniiiod tli'» «lir- 
 l"orcnt localitios wlicio tlic liiidtrc^i 
 aVO |)1'(>1»()S(mI to Ik- coiistnurtcil. I 
 iiin not in ji |«isition to i'oiin ii coiTcct 
 Jiid^rnicnt as to wlu'tluM- or not tln> 
 jihiiis !U'(^ the l)0>t tliat roiild Im' 
 jidoptcd inidor tlio circumstances of 
 oatdi case. 
 
 'Two sets oi' |»liins have heen >he\vn 
 nje, one by the (Contractor \vliii!h lio 
 says Were phiced in his hands some 
 time ago to have caniccl out ; the 
 other set were furnished mo by the 
 Chief Eiiirineer. the hitter plans are 
 (hited '!'{ ult. In some resjieots the 
 plans are ditt'erent, the latter are 
 consideraI)lv Ix^ttei than the former. 
 
 14. Ave the earth icnrk.-i «.v pyocideil 
 for in Iht' sprrifi-dtions for this road 
 of snifahle latcrtd diinciisioiia and will 
 theji ensure sn/ficicnl sfre yth and sla- 
 t>ilif;i for the propter sii/tport of the 
 superstructure an<l jicrnianent vai/? 
 
 14. J am (U'cidedly of opinion that 
 the latteral dimensions of the road- 
 bed as given in the general specifica- 
 tions is unsuitable and would not ad- 
 mit of the (luantity of Ballast neces- 
 sary to ensure the permanent stability 
 of a hrst class Kailway in this country. 
 The general speciiications give 12 
 ft^ct as the width of the load-bed. 
 The amended specifications (circular 
 No. 2) give 10 feet. The minmum 
 width ordinarily atlopted on Canadian 
 J{ail\vays has heretofore been 18 feet 
 and this has been found barely sufti- 
 cient. I am perfectly well satisfied 
 that much less than IT feet in the 
 the present case would not be found 
 to give permanent satisfaction. 
 
I 
 
 10 
 
 xoirrir shore railway. 
 
 15. Is f/hi /(ijirdi/ as i 11(1 iraf til Vfioii 
 the profiler hctiveen (Quebec (iiul Three 
 lih'i'rs siifficii'iifli/ hiijh in cuiwphj irilh 
 the roinli/ioii.s a/'/hf ronii-nct mid (ilsn 
 to avoid serious and miiiecessari/ obs- 
 truction from siimr :' 
 
 ]."). 'I'lio top-rail as iiulioated upon 
 the i»i()fil('s wliicli I have soon, may 
 1)0 coiisidcrod sufljciontly liigli to 
 comply with tho oonditious of tho 
 gcnoral spocitic^.itions and contract ; 
 hut I am decidedly of o])iiii()n. it is 
 ibr 1oii<j: strcti-hes, to'* low to ohviate 
 tho climatic difficiiUios alluded to 
 and which ai(» nn't with in this h(H'- 
 tion of the country. 
 
 1 » 
 
 i I 
 SI 
 
 IG. Arc the detailed speeifiraf ions for 
 foundations in deep voter and cireuJars 
 No. 2 a}id 3 sneh as are aiitiiorized hi/ 
 the contrnet and are theij bindimj vpon 
 the Cnnfracforf 
 
 IG. 1 have already stated in my 
 reply tr question 13 that I have not 
 sutfi nent data to enable me to say 
 that the plans proposed are the best 
 in each jiarticular case, tho contract 
 is extremely vague, and leaves all 
 undefined matter to the decision of 
 the ( 'liief Kn.:.Mneer. [ therefore think 
 the '-detailed speciiications for foun- 
 dations in deep watiu-"' may be con 
 sid(M'ed as fully authoiize(l liy tho 
 contract, and in consc<iuence binding 
 on the Contractor. 
 
 With lespoct to the document 
 designated "(jircular No. 2,'' 1 have 
 graviMloubtsas to some of the matters 
 therein refeired to being fully au- 
 thorized by tho contract. Circular 
 No. 2 is dated -Juno JGth 1874, it 
 ]>uri)0rts to be for the information 
 antl guidance of the Engineering 
 T)ej)artment antl Contractors with ro- 
 fei'cnce to certain matters whicii aic 
 left ojion to the decision of tho 
 Engineer in the general speciiications 
 for the yin'ni Lino." 
 
 1st. With respect to (sarth work 
 and ballast : on reading the original 
 specitications attached to the contract 
 I am unable to see that a minimum 
 
 
♦ 
 
 Noirni SlKtK'K IfAfLAVAV 
 
 n 
 
 Ihickiioss ofono loot or!.,ilI,ist oi- tlwit 
 any h.illast w;is intt'iidcd hcvond 
 
 jK'rhiips occjisioiiiilly packiiii,' hotiveon 
 the (•ro.<.« tios mikI jin iiiKU'iiiuMl l.ut 
 •sniiill (|(i!intity Iiciv iind tlicre on tlif 
 to].ortli(>fO!i(l lioil, to "siii-laci' tip ••♦ 
 In '•(•iivnl.ir No. i'." ,,,„i,.,. /]„. 
 iH\Hliii,i,"- Ivirthworks."" two l.-vds.-.io 
 mentioned .- on,. d(-i^'i,;it,.d " ijriide" 
 wlncli ;i].])(Mr< to mean tli.. uiuVei'side 
 of the cross ti(>s ; tlic other is <h-si^r. 
 nated " suh-gra(ies/' wliich is exactfv 
 one foot lower than .irradedevel, the 
 spaee between hein:; for ballast. 
 ''Siih grade" Jiereundoiihtedlvmoans 
 the toj. of the roaiMx'd, "ajid in 
 Cnrular \o. 2 it is si)eeified to l,e I ") 
 ieetwide. In tlu^ general speeifica- 
 tions the road-hed is eei'tainlv in- 
 tended to he \2 feet in width. ' 'i'li.. 
 dillerence is most important. 
 
 I amimahle to see that the increase 
 referred to is authorized by the con- 
 tract. 
 
 2nd. With regard to masomy 1 
 am of r)i)inion that the original speci- 
 fications do not call for masonry of 
 the same high character as that 
 specified in this document (Circular 
 Ao. 2) and therefoi-e in mv judyment 
 the latter is not authoi-ized In- the 
 contract. 
 
 17. JJoes the coniracf and specifica- 
 f hits provide for afrst class road i'li all 
 respects ? 
 
 17. I have given my opinion on this 
 ponit m my reply to question 12. 
 
 l^. Have the plans, profiles and ins- 
 tructions been issued in accordance with 
 the contract and S2)ecijicati( ns f 
 
 IS. My mformation is not sufficient 
 to enable me to answer this question 
 tully. In the foregoing I have i)ointed 
 out special cases in which f think 
 the plans, specifications, &c.., are 
 authorized by the contract, and other 
 cases where in my opinion they are 
 not. 
 
 Sec coiidudiiif,' romaiks— riiii-e I-'.. 
 
uTT 
 
 i 
 
 '<• i 
 
 li 
 
 12 
 
 XOKTH SlIolJE IJAIIAVAV 
 
 1'.). J/(is fhe in.rk liccn done in ar- 
 ronlanrr irif/i f/,af sprri/irafian or /lUft 
 iiiii/ vlfiiif'iif hern infnuhirfi/ in r(trn/in(/ 
 on/ f/ir n-(irk irilh llu: ricir of c/niiH/in)/ 
 i/.s t:.'i<ii(ic/ir / 
 
 1'.'. 'I'lio Coiitnirtoi- oxplains tliis 
 (|Uo>itioii to inciiii that a (U'})artiir(': 
 from the oi'ii.Mn;il spcciiicatioiis lias 
 Jxcn nia<l('. more (.'sixH-ially in tlio 
 (lociiniciit (losi<riiato(l circular No. 2, 
 and ho aUoges that a class of work 
 not conteniplatcd hy tlu^ contract 
 lias Vioon called i'or. My opinion on 
 this jiointhas already hocn expressed 
 in my leply to (juestion Ml. 
 
 -*'• "^''f J>i-ofiIrs\ plans, efc., of Ihe 
 road made (iftcr a tlioi'oinjJi snn-ri/ and 
 /oca f ion of (he line: n aehednle of ihe 
 <li(aniilies (firork, oldainrd fnnn^ those 
 /itansjntd siirrei/s liarinn heni prepaied 
 in 1873 in arcoi-danre with the ronfrarf, 
 'paijes 7 and S and a ropi/ of all those 
 profiles, plans <(nd schrdales'hariiH/ been 
 put into ihe Contra-tor s hands for /^/,s• 
 ijnidance and in some cases tfie road 
 eonsfriicted in accordance therewith, 
 can any departnre inrolring consider- 
 able chanr/r and expense be made, icifh- 
 oat fhe Contractor's consent and know- 
 led (je ? 
 
 20. 1 have given my opinion on this 
 subject in my replies to question S, 
 9 and 10. 
 
 21. Do the prices fixed in the sche- 
 dule of quantifies indicate the class and 
 character of the road or work ? 
 
 21. The prices referred to were no 
 doubt int(mdetl to i-epresent fairly 
 the projiortionate value of the differ- 
 ent kinds of work. 
 
 22. Presumin;/ the Ene/ineers are un- 
 der the control of the Chief Engineer 
 of the liailwaij Company, has he the 
 riylit to create any exj/endifnres he may 
 sec fit after location, irrespective of sum 
 to be expended as prorided for in the 
 schedule already referred to'f 
 
 
 ^M 
 
 i- 
 
 i 
 
i 
 
 Noirril SHoUE RAILWAY. 
 
 18 
 
 22. The Cluef Engineer is tlio 
 l)i-incii)al Executive 'officer of the 
 Boiii'd ot'Directors, ho is amonahlc for 
 all his acts to the Board and mider 
 their authority can incur all expendi- 
 ture necessary in carrying out his 
 duties. See replies to questions 1, 2, 
 3, 4, 5 and G— should the sum i)laced 
 in the schedule refened to, prove 
 iusutlicient it will require to be sup- 
 plemented. 
 
 23. Hm the expenditure on the En- 
 Uineeruuj so Jar been projier and in keep- 
 inn with the character of the road and 
 the cost t/iereof, as provided therefor in 
 the schedule dated June, IS73 / 
 
 23. I have already given my views 
 generally on this subject in my reply 
 to (luestion Xo. 7. I may further 
 state, it is impossible for me to say 
 whether the expenditure has been 
 proper or improper ; it certainly ap- 
 pears out of proportion to the value 
 of Hie work actually executed. 
 
 24. Bo the prices in the schedule made 
 in accordance with the contract pac/es 7 
 and '6 provide for the contractor s profit f 
 
 
 24. Xo doubt at all the aggregate 
 price in the schedule referred to is 
 intended to cover any profit the con- 
 tractor may make ; it does not neces- 
 sarily follow however that each item 
 in this schedule should yield to the 
 contractor the same proportionate 
 profit, or any profit. The schedule 
 was prepared under the contract for 
 the purpose of enabling the Engineer 
 to arrive at a just and equitable basis 
 for monthly estimates and payments 
 and so far as 1 can judge for that 
 purpose only. 
 
I 
 
 I 
 
 ill 
 
 14 
 
 xoirnr sffoi^E kailwav 
 
 2"). Is flic hulk su))i of coninict pro- 
 l>ortionatdy diriiUd hetireen the Main 
 Line (uiii the I'Hes Bram-li respccfirrfi/ 
 and in accordance with the respective 
 values 1 
 
 25. I oannot rojily to this quostion 
 in a satisfnetorv maniior without a 
 thorougfi investigation whicli would 
 tiiko up more time than I ran spare. 
 
 2.i\. Do the plans nf artificial foun- 
 dations and stone piers now in the pos- 
 session of the Contractor, provide for a 
 first class structure, safe and adapted to 
 their positions! 
 
 20. This is a matter of opinion in 
 which engineers may lionestly differ. 
 Setting aside my ov/n preference I 
 have no liesitation in saying that 
 under certain circumstances the 
 tlie plans of artiticial foundations, 
 with some modifications, might be 
 advantageously adopted, Wfth re- 
 gard to the stone i>iers, in my own 
 practice I certainly would have inade 
 them heavier than shewn on trho 
 plans referred to. As to whether tlies(> 
 plans are adapted for the several 
 localities and positions, 1 have al- 
 ready expiessed my views in rej)lies 
 to questions 13 and Ki. 
 
 
xoirrn shore railway. 
 
 GoncliKlbvi ReiiKirkfi of Mr. Samlford F/o/iIih/. 
 
 Before concluding it is only riglit that I should 
 mention in connection with the suhject of Btilhist 
 alluded to in my reply to (juestion 10, that in this 
 reply, I have simply presented my own interpretation 
 of the original contract and specification. It is due to 
 the Chief Engineer to state that it is quite clear 
 he has from an early date entertained a different view. 
 On an examination of the Schedule dated 5 April ISTlJ, 
 prepared by that gentleman, as a basis for monthly 
 estimates for the original Contractors, I observe a pro- 
 vision for ballast of i^75() per mile lor 12-3 i>iiles, thus 
 showing that the ballasting of the road entered i to his 
 calculations at that date. 
 
 I have now endeavored to answer in as few words 
 as possible the several questions wdiich have been sub- 
 mitted to me. I am quite aware that the opinions I 
 have arrived at may not coincide with the views of 
 gentlemen for whom T entertain a high regard, but 
 whether my opinions be considered sound or not I trust 
 the Board of Directors, the Chief Engineer and the 
 Contractor will each and all give me credit for statimr 
 my convictions frankly and fairly. 
 
 But the duty imposed on me is not yet finished. 
 Tn addition to answering these several questions I was 
 requested and urged to offer some suggestions and re- 
 commendations with a view to an adjustment of the 
 very serious difficulties into which the inat':er under 
 discussion appears to have drifted. 
 

 I() 
 
 NuiiTII SIIolJE IJAJLWAY 
 
 , 
 
 ir. 
 
 i 
 
 Wliik; 1 (ipproiu'lio tins su])jc('t witli a irreat deal 
 ol" <lini(l('iice iind licsitMtioii, I will not shrink (Vom 
 statin;^- in a, Ibw brief sentences tlic conelii.slons I have 
 ari'i\ed at. 
 
 1. The opinions whieli have heen elicited IVoni me 
 in the above re[)lies will probably have satisfied the 
 Directors that it will scarcely be possiblt t(^ .inish the 
 the North Shore Railway in a ])erfectly satist'acto'y 
 niannei- nnder the existing contract and specifications. 
 
 2. That the present conflict between all parties 
 conc( rned is perhaps chiefly dne to the extreme vague- 
 ness of the contract and general specifications and the 
 fact that tb.e former may I)e construed to call for a first 
 class Railway while a high class line does not appear to 
 be borne out bv the latter. 
 
 8. That in order to secure a line of railway suitable 
 for the traffic of the locality c;ipable of being maintained 
 economically, operated without serious interruption at 
 all seasons and without involving unnecessarily heavy 
 costs, a new or supplementary contract should be made. 
 
 4. That care should be taken, to avoid vagueness or 
 ambiguity in any new contract especially in essential 
 ])()ints to have everv matter callable of Ijcinir defined, 
 exactly specified and as far as practicable to avoid the 
 elements of disputes. 
 
 '). That as one of the essential points the width and 
 height of the road-bed should be clearlv defined and 
 established ; that the surface of the road-bed should be 
 drawn on the profiles at such an elevation as would 
 admit of the Railway being kept open during the winter 
 months without serious interruption or cost; that these 
 profiles should be signed by all parties, in fact should 
 form part of the contract. 
 
 
NoUTIf SHORE RAILWAY. 
 
 1 
 
 \ 
 
 \ 
 
 G. That full and complete provision slioulil l)e made 
 for Ballast imi: and fur such other works d jeuied necessary 
 in order to necure permanent economy and miiintenance. 
 
 7. In connection witli the important question of 
 permanency and cheap maintenance, the suhstitution of 
 iron for wooden bridges should be s<n'iously considered. 
 I am satisfied the additional cost involved would be so 
 triOinii;, com])ared to the cost of the Railway, as to form 
 an extremely small percenta.ge of the whole expenditure 
 and that it would be wise policy to economize in other 
 less important services in order to have all the w^orks 
 under the rail-track as substantial and efficient as 
 possible. 
 
 There are various other points which should form 
 the subjects of special agreement in any new arrange- 
 ments that may be entered into. These will doubtless 
 suggest themselves to the Board of Directors and the 
 Chief officers of the Company. 
 
 I have the honor to be sir, 
 
 Your obedient servant, 
 
 (Signed) SANDFOED FLEMING. 
 
18 
 
 NORTH SlfoHE UAILWAV. 
 
 I' 
 
 ;«^ 
 
 COUUKSroNDENCE 
 
 REFERRED TO IN llEPLY TO QUESTION No. 12. 
 
 Letter from General Seymoiw to Mr. Samlford Flenihnj. 
 
 W ! 
 
 NOKTII SHORE RAILWAY. 
 
 Office of the E^'Gineer in Cilief, 
 
 Quebec, June 4, LSTo. 
 My Dear Sir, 
 
 I have the honor to enclose a printed copy of the 
 specifications attached to the contract tor tlie construction 
 and equipment of the North Shore Railway ; and to ask 
 of you the special flivor, that after examining them, you 
 will inform me at your earliest convenience, whether in 
 your opinion they provide, so far as the main line is 
 concerned, for a first class Railway, according to the 
 present gei.oral acceptation of that term, with the 
 exception perhaps of iron hri<l(jes and steel rails, which 
 are now in use upon many first class Railways. 
 
 If you should be of the opinion that they are in any 
 
 I 
 
 I MM 
 
NORTH 8H()PE RAILWAY. 
 
 11) 
 
 manner defective, you will oblige me exceedingly by 
 Huggesting such changeH as you would recommend. 
 
 Yours very truly, 
 (Signed), S. SEYMOUR, 
 
 Eng. in Chief. 
 
 Mr. SiUidfortI Finning to General Seymour. 
 
 . 
 
 CANADIAN PACIFIC AND INTEHCOLONIAL 
 
 RAILWAYS. 
 
 OFFICE OF THE ENGINEER IN CHIEF, 
 
 Ottawa, June llth, 1873. 
 
 My Dear Sir, 
 
 I have been extremely busy for some time back, 
 and have not been able to reply toyour letter of the 4th 
 inst sooner. I have now glanced over the Specification 
 which you sent me, and agreeably to your request, 
 remark my opinion thereon. 
 
 In this Specification, the character of the work to 
 be executed is very indefinately described. There are 
 no plans furnished or referred to, and no dimensions 
 given except in one or two instances. Everything is 
 vague and left to the discretion and directions of the 
 Engineer, 
 
 It would be quite possible under this Specification, 
 if both Engineer and Contractors were anxious and 
 willing, to construct a sound substantial and durable 
 
20 
 
 NOHTII Sir<)WI«: 1{AILWAY. 
 
 ;3- 
 
 '' i; 
 
 ; ' I 
 
 ii 
 
 
 road ; oil tlieothiT luiiul, it would be oijiuilly possible to 
 produce an interior Railway, with structures of very 
 siiperlicial (diaracter, ((uite unsuited lor the rigors of this 
 climate, and which would really reciuire to be rebuilt in 
 a very short time, 
 
 I enclose herewith a c()[)y of iny Spt'cificatioiis 
 ibr the Fntercolonial Railway; tuis line will, I think, 
 a[)[)roach the character of a lirst class nmd ; the works 
 of art, built to Specification, will far exceed in (lurability 
 any thing which any Contractor would be likely to 
 construct under the Specification which you sent to me ; 
 and yet I do not believe, taking permiuintt economy into 
 consideration, it would be advisable to make the works 
 much less efiicient. 
 
 One of the few dimensions given in the Specification, 
 is the minimum width of road-bed, viz: 12 teet. I am 
 satisfied this is loo narrow, it would leave no room for 
 ballast; ind 'd f see no provision for ballast, beyond 
 rather an anil)iguous one under the heading " Super- 
 structure," to the eftect, that " if in the opinion of the 
 Engineer, the material composing the road-bed is unsuit- 
 able, other suitable material shall be substituted until 
 the road is ballasted to the satisfaction of the Engineer"; 
 everything is left with the Engineer, he has very little to 
 guide him; if he be easily satisfied, a very inferior des- 
 cription of road may be turned off the hands of the 
 Contractors; and vice versa, il he be very exacting, and they 
 willing to obey orders. 
 
 I need scarcely sav that these remarks apply mainly 
 to the road-way. The specification speciall}^ mentions 
 the number of Locomotive Engines, cars and buildings 
 of several kinds to be furnished. The questicm o':' 
 equipment depends on the expected *^raffic ; and as I have 
 
 - 
 
 I 
 
m 
 
 I 
 
 . 
 
 NOirni SIK^HE RAILWAY. 
 
 21 
 
 no intbrniiition at hand to guide ino in Ibriniii]? mm opinion 
 on these points, T am not prepared to sav nuuh. 
 
 Yours very truly, 
 
 SANM)F()KD FLEMING. 
 
 Gkn. S. Seymour, 
 
 Quebec. 
 
 Geitend S( j/inoai' to Mr. Samlftn'd Fltniitig 
 
 NORTH SHORE RAILWAY. 
 
 My Dear Sir, 
 
 UFFICE OF THE ENGINEER IN CHIEF. 
 
 Quebec, June IStli, 187)1 
 
 Your letter of the Uth inst , containing your 
 views respecting the Specifications Ibr this road, which 
 were submitted to you, has be iii received, and 1 regret 
 exceedingly to trouble you again in a matter respecting 
 which you can feel no very great personal or professional 
 interest, particularly when 3'our time is so much occupi- 
 ed with other and more pressing duties ; but I find that, 
 my letter to you of the 4 th inst. enclosing the Specifica- 
 tions and asking for your opinion upon them, did not 
 state the case so fully as I now see from your reply, was 
 necessary to a full understanding of the subject. And 
 your reply therefore, very naturally fails to meet the 
 exact condition of the case as it exists here between 
 myself, and a few of the new Directors of the Road. ^ 
 '..; ..... I now take the liberty of enclosing for your inform- 
 
22 
 
 NOKTII SHoUE KAILWAY. 
 
 I> 
 
 i 
 
 ' ; ' I 
 
 ,f- 
 
 atioi), a iL'ttor, wliicli I iKhlresst'd to the ProHident 
 of tli(3 (Joiiipsiuy, on i lie 5tli iiint , upon the 
 H.iuie Hu}>ject, in wlii(rh reference ih made to certain 
 chuises of the contract, requiring the Contractors to 
 l)uil(l a lirst chiHs road, in conformity with the re(|uire- 
 nientsofhiw, to the entire satisfaction of the Lieu- 
 tenant-Governor in Council, and sulyect to the approval 
 of an Knj'ineer to lie named by the Council of the City 
 of Quebec. 
 
 With the above specific <;onditi )ns in the body of 
 the contrac', I claim that the Contractors are bound in 
 self defence, if by no other obligations, and without re- 
 gard to the Specifi(!ations attached, to construct a first 
 class road, otherwise the land grant which forms the 
 principal basis of the mortgage bonds, which they receive 
 in payment, will not be granted by the Government; 
 and the debentures which they are to receive from the 
 City of Quebec will not be issued. 
 
 It was quite important therefore, tliat your atten- 
 tion should have been called to these provisions in the 
 contract, as well as to the specifications, before you 
 could be expected to form an intelligiMit opinion as to 
 the probable character of the road. 
 
 The contract really places the Contracting Com- 
 pany in the position ordinarily occupied by Railway 
 Companies themselves, for tlie reason that they pay the 
 past expenditures and indebtedness of the Railway Com- 
 pany, as well as its luture expenses. 
 
 They also negotiate the securities of the Railway 
 Company, and provide for the interest en these securities 
 until after the completion of the road. They also, as 
 before remarked, are bound to comply with all the pro- 
 visions of law that are binding upon the Company. 
 
 f 1 
 
 H : 
 
NoKTIt srroHK KAflAVAY 
 
 0» 
 ^•1 
 
 Upon the complotioii of tho road they also !>o('omo tlie 
 owners of* a majority of the (/apital Stock ot the (Com- 
 pany. 
 
 In view of these iiii[)orlaiit faets and ctonsiderations, 
 it was not reganh'd as important that the Speintieations 
 slioiihl he as explieit as th^'y are ordinarily npon 
 roads let in small contracts hy r ilway com[)anies, who' 
 are prepared to pay cash npon monthly estimates of the 
 Engineer, or npon a (iovernment Koad like yonr 
 " lnter(V)lonial, ' where every (Contractor feels jnstified 
 in doing tin? smallest possihl • amount of work for the 
 largest p()ssil)le amount of money. 
 
 A somewhat extended experience in matters oi'this 
 kind has satisfied me that, so far as the character of 
 work is concerned, much more depends npon the good 
 faith and interest of C(>ntractor.'« ; and upon the honesty 
 and capability of Engineers, than upon any conditions 
 or penalties, that may be embodicMl in specifications. 
 
 The entire Union Pacific Railway was constructed 
 without any specifications whatever, and yet it was c- 
 cepted by tlni Government as a first class railroad; and 
 it is even referred to as a model in the charter for your 
 own Canadian Pacific 
 
 The Specifications for the •• Intercolonial Railway" 
 which you kindly enclosed to me, are very full and 
 complete in all their details ; and yet I see that quite 
 asmuchpo..er is left with the Engineer in these speci- 
 fications, as there is in those for the North Shore Rail- 
 way ; and I shall be greatly disappoint'.:d, if, when fully 
 completed, according to the present contract, the general 
 character of the work upon this road, is not found to 
 come quit<? up to the standard of similar work upon the 
 Intercolon^ il. In your letter of the 11th June, you 
 

 24 
 
 NORTir SHORE KAILWAY. 
 
 tf: 
 
 ; J 
 
 v> 
 
 n 
 
 %''^ 
 
 I'* 
 
 make the Ibllowin^' lenuirk about the width of road- 
 bed : "■ o e ()(' the few diineiisioiu. ;j;iven in the Spe(!ifi- 
 cations, is the niiuhmiui wi 1th of the road-bed, beiiic: I- 
 I't., I am satislied this is to narrow, it wouhl h'ave no 
 room for l)allast," &c. 
 
 It is perfeetly well uiidei'stood that this is to bv' the 
 minimum width at the base '^f the Su[)erstru('ture after 
 the road has been properly banasted,or \v!ien tht^ native 
 niatei'ial is such as to reiiuire no baUast. And ii" Noa 
 will read the 2nd and Tth Sj)ecili('ation for "(Iraduation," 
 jind the Dth specification for superstructure, I think you 
 will see that there can be no ambiguity either upon this 
 point, or u[)()n the ((uestion of balhisting. 
 
 You will observe, in the enclosed letter to the Pre- 
 sident, what I have to say res[)ecting the width ol' road- 
 bed, in reply to tlie objection made by Sir (yharles Fox 
 & Sons.- And I will therefore not reiterate tliem here, 
 any farther than to assure you that they are well settled 
 convictions, after many years of experience and close 
 observation upon the subject. 
 
 The matter is referred to on the 8th page of my 
 guage y)amplet (of which I believe you hav'e a copy) in 
 the IblloAving language " The road-bed for the wide 
 i>!:un<»'e is ireuerallv fourteen feet in width at grade, /^nt 
 / (tfisnme that twelve feet In (/o<>tf imiferud is (piite ample. 
 This was written in 1S71, and long before the s[)eci(ica- 
 tions for this road were pre[)ared. 
 
 T am still of the opinion, that the persistency with 
 which the Engineers and Hailroal ATanagers of the 
 present day, adhere to their stereotyped notions respect- 
 ing the proper dimensions of road-way and structures, 
 as well as the weight and size of rolling stock upon four 
 feet eight and a half inch gauge Railways, has given the 
 

 NORTH SIIUKE RAILWAY. 
 
 25 
 
 jidvoCiiteH of the narrow gau^^e th 'ory tui iinduo advin- 
 tix^ii in their arffUir.entH in favor of the rehitive cost of 
 these narrow gauge Railways. 
 
 riaving thus placed thj nut'.jr })jroiv' yon in a 
 perfectly proper, although .sjinevvh it ditfereiit light from 
 the one presented in my letter to you of the 4th instjint, 
 which referred only to the s-^)jciiicati;):is separate from 
 the contract, vou will ohliire me exceedingly, if, after 
 considering, in connection with the speciiications, the 
 ([uot;itions from the contract contained in my enclosed 
 letter to the President of this com[)aiiy, you will take 
 the time and trouble to inform me whether in your 
 opinion, when taken as a whole, and upon the assump- 
 tion that both contract and s[)eciiications are fairly and 
 honestly administered by the Engineer of the Railway 
 Company, and executed in good faith by the Contractors, 
 the Board of Directors have any reasonable grounds <or 
 apprehending that the road will not come fairly up to 
 the standard oi\fir,sf c/ (ss r illtOiitjs, both in Canada and 
 the United States, according to the general acceptation 
 of that term. 
 
 If it should be your deliberate opinion that the road 
 will not come up to such standard, please point out, with 
 greater particularity than you have done in your letter 
 of the 11th inst., the reasons for your o[)iiuon, in order 
 that I may act intelligently in redeeming my promise to 
 the Directors contained in the closing p^iragraph of the 
 enclosed letter to the President 
 
 I regret exceedingly that the facts and explanations 
 contained in this letter, were not embodied more fully 
 in my letter to you of the 4th inst ; and it is this omission 
 on my part, coupled with a strong desire to act in full 
 accord with prominent members of the profession in 
 
2(j 
 
 NORTH SHORE RAILWAY. 
 
 ii 
 
 CanarLi, i'l tlieir rmiinieiidahle efforts to keep up the 
 proper stnndard for (irst cLiss Railways, which must be 
 my apology for troubliug you again upon the subject. 
 
 Believe me, mv dear Sir, 
 
 Yours very truly, 
 (Signed,) S. SEYMOUR, 
 
 Sandford Fleming, Esq., 
 
 Civil Engineer, (^c. 
 
 Ottawa, Canada. 
 
 Eng. in Chief. 
 
 1^ 
 
 Mr. Flemini to Gejiernl Sei/movr. 
 
 i! 
 
 CANADIAN PACIFIC AND INTERCOLONIAL 
 
 RAILWAYS. 
 
 OFFICE OF THE ENGINEER IN CHIEF 
 Ottawa, June 23rd, 1873. 
 Gen. S. SEYMOUR, 
 
 Quebec. 
 My Dear Sir, 
 
 I have been confined, for the last 10 days and 
 am still confined in my room, with a badly sprained 
 ankle ; and hence some delay in replying to 3^our letter 
 of the 18th instant. 
 
 I cannot now undertake to do so, except briefly and, 
 I fear, not very satisfactorily. 
 
 You say that the Contractors are bound under 
 certain clauses of the contract, to make a first class 
 
 1 
 
 ( 
 
 J 
 

 
 NORTH SHORE RAILWAY. 
 
 27 
 
 Railway ; I could liave underfcitood this, had there been 
 no specifications whatever attached ; first class would 
 have then meant one of the best description of rail- 
 ways commonly made. 
 
 The specifications do not, in my opinion, indicate 
 that the Ra'lwav must be of first class construction ; 
 as I said to you in my letter of the 11th instant, it 
 would be quite possible under these specifications to 
 build a railway of a subs-tan tial character ; but apart 
 altogether from the question as to who are the Con- 
 tractors and who is the Engineer, I do not think that 
 these specifications alone would be at all likely to secure 
 to the Company a first class Railway. 
 
 First, with regard to the masonry, I do not think 
 that you are likely to have such substantial work as 
 would generally endure the rigors of this climate under 
 the specificati jiis which i have read, unless the Contractor 
 makes the structures at a much higher standard than he 
 is reall}^ obliged to do under the specification, this I 
 think is not probable ; then with regard to ballasting, 
 the Railway cannot be considered even up to an ordinary 
 standard, without a liberal supply of good ballast; I 
 enclose our specification for ballasting on the Intercolonial 
 Railway ; less than the quantity here given, would not 
 prove vi'ry efficient ; and if this quantity is used, I am 
 quite certain the width of roadway specified, would be 
 too little. 
 
 1 have thus given you in a few words, my honest 
 opinion, regretting very much that 1 cannot go into the 
 matter at greater length at the present time 
 
 Your& very truly, 
 
 (Signed, SANDFORD FLEMING.