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1980

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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.

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 ,

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

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.

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.

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.

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

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

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

Noirril SHoUE RAILWAY.

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.

ill

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.

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.

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.

NORTH SlfoHE UAILWAV.

;«^

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 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

NOHTII Sir<)WI«: 1{AILWAY.

;3-

'' i;

; ' I

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

NOirni SIK^HE RAILWAY.

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-

NOKTII SHoUE KAILWAY.

' ; ' 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

NORTir SHORE KAILWAY.

tf:

; J

%''^

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.

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.

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.

Mr. Flemini to Gejiernl Sei/movr.

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

(

NORTH SHORE RAILWAY.

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.