^,
IMAGE EVALUATION
TEST TARGET (MT-3)
/>4*^
1.0
I.I
11.25
IttlM 125
■tt lii 12.2
2.0
m
U
140
V
$s
w
'/
Fhotogiaphic
Sciences
Corporation
33 W<ST MAIN STRHT
WIISTIR,N.Y. MSM
(7l«)l7a-4S03
CIHM/ICMH
Microfiche
Series.
CIHIVI/ICIVIH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiq
uas
vV
Technical and Bibliographic Notea/Notea tachniquaa at bibliographiques
Tha Inatituta haa attamptad to obtain tha baat
original copy availabia for filming. Faaturea of thia
copy which may ba bibliographically uniqua,
which may altar any of tha imagas in tha
reproduction, or which may aignificantly change
tha uaual method of filming, are checked below.
V
D
D
D
D
D
D
Coloured covera/
Couverture de couleur
I I Covera damaged/
Couverture endommagia
Covers restored and/or laminated/
Couverture restauria et/ou pelliculAe
I I Cover title missing/
Le titre de couverture manque
Coloured mapa/
Cartes giographiques en couleur
Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
I I Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Reli6 avac d'autres documents
Tight binding may causa shadows or distortion
along interior margin/
'.a reliure serr6e paut causer de I'ombre ou de la
distortion le long de la marge intArieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajoutiea
lors d'une restauration apparaissant dana le texte,
mais, lorsque cela itait possible, ces pages n'ont
pas M filmAaa.
Additional comments:/
Commentairea supplAmentaires:
L'institut a microfilm^ le meilleur exemplaire
qu'il lui a At* possible de se procurer. Les details
de cet exemplaire qui sont peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mithode normale de filmage
sont indiquis ci-dessous.
r~~\ Coloured pages/
This item is filmed at the reduction ratio checked below/
Ce document eat film* au taux de rMuction indiqu* ci-deasoua.
Pages de couleur
Pages damaged/
Pages endommagies
Pages restored and/oi
Pages restaur6es et/ou pellicul6es
Pages discoloured, stained or foxei
Pages dicolor^es, tachet^es ou piqu6es
Pages detached/
Pages ditachdes
Showthrough/
Tranaparence
Quality of prir
Quality in^gale de I'impression
Includes supplementary materii
Comprend du material supplementaire
I I Pages damaged/
r~1 Pages restored and/or laminated/
r~7\ Pages discoloured, stained or foxed/
r~~1 Pages detached/
r^ Showthrough/
r~~| Quality of print varies/
I I Includes supplementary material/
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalament ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6X6 filmies d nouveau de fapon A
obtenir la meilleure image possible.
10X
14X
18X
22X
26X
30X
7
12X 16X 70X 24X 28X 32X
The copy filmed here hes been reproduced thenkt
to the generoeity of:
Library of the Public
Archives of Canada
L'exemplaire film* fut reproduit grice A la
g4n6rositA de:
La bibiiothique des Archives
publiques du Canada
The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.
Les images suivantes ont At* reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettetA de l'exemplaire filmA, et en
conformity avec les conditions du contrat de
filmage.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. Ail
other original copies are filmed beginnina on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
Les exempiaires originaux dont la couverture en
papier est ImprimAe sont filmto en commenpant
par le premier plat et en terminant soit par la
derniire page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, salon le cas. Tous les autres exempiaires
originaux sont filmte en commenpant par la
premiere page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernlAre page qui comporte une telle
empreinte.
The last recorded frame on each microfiche
shall contain the symbol — »> (meaning "CON-
TINUED"), or the symbol y (meaning "END"),
whichever applies.
Un des symboles suivants apparaitra sur la
dernlArto image de cheque microfiche, selon le
ces: le symbols -^ signifie "A SUIVRE". le
symbols V signifie "FIN".
IMaps, plates, charts, etc., mey be filmed at
different reduction ratios. Those too lerge to be
entirely included in one exposure are filmed
beginning in the upper left hend corner, left to
right end top to bottom, as many frames as
required. The following diagrams illustrate the
method:
Les cartes, plenches, tableaux, etc., peuvent Atre
filmAs A des taux de reduction difftrents.
Lorsque le document est trop grand pour Atre
reproduit en un seul ciichA, il est f limA k partir
de I'engle supArieur geuche, de gauche A droite.
et de haut en bas, en prenent le nombre
d'images nAcessaire. Les diagrammes suivants
illustrent le mAthode.
1
2
3
1
2
3
4
5
6
: :
r i
t"
1
t
I' I I
\{\
■««*«1lp*f"
1^-'
,.ol^-f
|lK
\ i
NORTH SHORE RAILWAY.
VIEWS OF THE CHIEF ENGINEER
KKSPECTING HIS POWERS, UNDER THE CONTRACT, TO CHANGE
THE LINE, GRADES, AND PLANS, DURING CONSTRUCTION.
JANUARY 30, 1875.
"4.
II
\
1
I
>^.-
VI
M
til
tl
h
ri
»?)*>'
NORTH SHORE RAILWAY.
VIEWS OF THE CHIEF EXGIXEEll AS To THE TRUE CONSTRl'C-
TION OF THE CONTRACT, WITH REFERENX'E TO CHANC^.INCi
THE LINE &r., DURINO THE CONSTRUCTION OF THE ROAD.
ojj'ics cr' TH2 ei;jii:il2r ii: chief,
Quebec, January 30th, 1875.
Mr. PRf:SIDENT
Referring to the existing (HfFerence.s between
the Provincial Government, the Kailway Company, and
the Contractor, in connection with all of which, the
Chief Engineer seems, by common consent, to have
been chosen Defenclent or Respondent. And having
placed in your hands, a " Review " of the objections
raised by the Government to the character of the work ;
also full replies to all the charges and allegations made
by the Contractor, with reference to my administra-
tion of the Engineer Department; and the whole case
M
' ■ ■*■
: ■'"I
y
:i»)
•>
VIEWS <jF the chief ENCIINEEU
'i
II !
liaving very properly been pluceil, I)}- the Railway
('oinpiiny, in the hands of Mr. SaiuUbrd Fleiuinjr, a Civil
Kugineer of deservedly higu standing in his profes-
sion, for the pnrpose of obtaining his eonnsel and advice,
as a gnide in a!iy future action which it may be neces-
sary to take in the matter; I desire, at the present time,
to place on record some vii'ws of my owr., with refer-
ence to a (juestion which was, Ibr the first time, raised
by the Contractor, in his cominnnications to the Com-
pany, dated January 11 th and l^Jth, 1875; and subse-
quently raised by him in some questions which he sub-
mitted to Mr. Fleming on the 27th inst.
1 refer particularly to tluj power of the Chief
Engineer, under the c(mtract, and subject to the approval
of the Board of Directors, to revise the line, and grades
of the road ; together with the plans of structures; and
also the " Schedule" upon which the monthly or progress
estimates are to be based, (d uiit/ ami all iuiieJi, during
the construction of the road.
The following is a (quotation from the Contractor's
letter of the 11th inst :
•' Last summer's work of the Engineei's on the
Montreal Division is useless, as the proliles on that part
of the line were made previous to my assuming the
contract, and formed part thereof. No change in that
location without mij approad and toimeuty can take
place."
The following is an extract from my reply to the
above letter, under date of Jan. l.'jth 1875 :
'• The re-location of the Montreal Division, during
last summer, was necessary ; and was approved of by the
Contractor, for the purpose of improving the line, redu-
cing the cost of the work, and enabling us to perfect the
UN CHANGES DURING CuNSTRUCTlOX.
land plans, piepanitory to procnring tho right of wuv.
The work donu by tho locating parties dnring tho past
season, has rosnltod in a niatorial improvoment in tho
lino; and also in a saving to tho Contraotor in tho cost
of construction, amounting to several thousand dollars
over and above the cost of the surveys."
In my reply of the 22nd inst., to the Contractors
subsequent letter to the Company, under date ofJany.
i.'ith, 1875, the Ibllowing remark is made upjn this
subject : —
" I have now reached a point in the Contractors
statement, which, in my opinion, is of far more impor-
tance to the Company, than any other which is contained
in his letter. This point is embodied in the language
which immediately follows the above quotation, to wit:
" What was proper then in the height and width of
embankments, cannot bo diflerent now ; and no change
from these profiles which form part of my contract with
\ou, can he changed without my consent.'' Inasmuch as
the position assumed by the Contrjictor, in the above
extract, has no direct bearing upon the questions now
at issue between the Contractor and the Chief Engineer ;
and inasmuch as the vital principles of the contract are
involved in the question, I beg leave to reserve what I
may think proper to say upon that subject, until another
and more fitting occasion."
An occasion of this kind presented itself, on the
evening of the 27th inst.. when Mr. Fleming, in the
presence of the President, several of the Directors, and
the Contractor, requested me to furnish him in writing,
on the following morning, with any remarks which I
might think proper to make respecting the questions
then submitted for his consideration by the Contractor,
PI
M
i A
r
ft
I'
III
il^i
X
4 VIEWS OF THE CiriEF EXCIIXEER
in mlditioii to tlioso wliicli had [jrcvioiisly becMi submitted
to liiiii 1)V tlio Boani of Diroctors.
A very hastily prepared paper was therefore phiced
in Mr. Fleming's hands, on the morning of tlie 2Sth inst.
the following extract from which, refers directl}' to
this subject.
" The Chief Engineer admits that he has always,
and voluntiirily furnislied the Contractor's olTice with
copies of maps, profiles, plans, &e. connected with the
line, during their difterent stages of advancement
towards perfection; hut he does not admit that this has
been done for the yuulnnce of the Contractor, to such an
extent, that they could not be changed or improved
thereafter, if deemed advisable, either before the Con-
tnwitor had entered upon the work, or ha<l made such
provisitHi for its execution a.-* would involve no e.vtra
trouble and expense.
" The Chief Enijineer is not aware however, that
any such change has b^en objected to by the Contractor
up to this date ; and also claims that such changes have
resulted ver}' largely to the benefit of the Contractor,
" Referring more particularly to the " Schedule "
spoken of in the Contractor's question, the Chief Engi-
neer refers to the provisions of the contract, as to his
power to revise and correct it from tin;e to time, during
the progress of the work.
" He also refers to the fact, that the last revision of
the " Schedule " was made with the Contractor's know-
ledge and consent ; and that he has continued to receive
his progress estimates under it, without protest or com-
plaint.
" Appended hereto will be found a letter addressed
by the Chief Engineer to the Contractor on the 10th
UN C'11AN(}KS DUIIINO C(»NSTR('(TrOX.
5
ttod
iicod
hist.
ly l(.
kvavs.
with
I the
;ment
is has
ich an
irovod
Con-
c such
extra
that
tractor
» have
ractor.
edule''
Engi-
to his
during
lision of
kuow-
:eceive
)r coui-
Idressed
le 10th
Octoher 1874, to<z;ether with a list of prices rurnishod l)y
him in reply tliereto,
" TlicChiefP^ngineer further suhniits, that an exatni-
nation of the Supplemental Contnict will show, that the
present Contractor assumed the precise position of the
original Contractors, with a full knowledtre of every
expenditure that had heen made upon the road, previous
to the date of this assumption."
Fearing that any attempt upon my part to argue
this point farther at that time, might he misconstrued,
1 will now enter more fully upon the suhject which, as
before stated, I consider of I'ar more importance to the
Railway Company, than any other which is now before
the Board of Directors.
Referring directly to the contract, it will be founil,
'•that the aggregate length of the main Tiine a"d Piles
Branch shall not exceed one hundred and ninetv miles;"
and also " that the most direct and practicable route of
which the capabilities of the country will reasonably
admit shall be adopted, both for the Main Line and
Branch."
Referring also to. the first clause oi the Specifications
for the Main Line, it will be found that the "//^»V/<(/" and
'" TerminuV points only in the line are ^/i.cef/; and that
•'the location of the line, and the arrangement of grades
between the Initial and Tenuimd points, will be made
under the direction and supervision of the P^ngineer in
Chief, and subject to the approval of the Board of Direc-
tors of said Company."
The foregoing being the only clauses in the con-
tract which bear upon the location of the line ; and there
being no time limited during which the location shall be
perfected, it has been assumed that the ordinary practice
in such cases, would be adhered to upon this road.
m
I."
i»
VIEWH OK THE (JillEK ENGINEEK
In rnv "Report on Locution and (JoiiHtniction," dated
lOtli Ot'tober, IS72, I proceed to jitive \nt. " Generi\jl
cicseriptioii of tlie route ;" and utate that : " The liSs^
i'onipanving Map, nhowing the general location and pro-
lile of the North .Shore Railway, drawn to a scnle of 2.^
miles to an inch, will Hcrve to illiin(r(ttc the foregoing
general description of the ronte. And the accompanying
location plans and profiles of the different sub-divisions
of the line, will serve to llhiatmte the details of location,
so far as relates to alinement, gradients, and the general
ihanivter of the work."
Relerring in a subsequent part of the same Report,
to " the foregoing general description of the route," I
state that : '' I can therefore certify luihesitatingly.
to the Board of Directors, that the line now recommend-
ed for approval, is, in the language of the contract, the
most direct and practicable rontr of which thecapabilities
of the country will reasonably admit,"
After thus committing myself to the "general route''
of the location recommended in that Report, I should
not have felt authorized, subseijuently, to make any
material departure from this g-^.neral route, without the
approval of the Board of Directors; but, I hold, that the
provisions of the contract justify ; and that common
custom, upon every road that has been constructed, al-
lows the Chief Engineer to make any improvements in
the details, both of the location of the line, and the
arrangement of the grades, within the limits designated
for the general route, that in his opinion the permanency
and success of the work may render expedient ; and that
he may unquestionably do this, at any and all times ;
either before the Contractor has entered upon the work ;
or before he has made such provision for its execution
UN CHANGES DrKIN(} cnNSTIU'CTlnX.
US nuiy involve cxtrsi trouble niid expense, us stated in
niv renijirks to Mr. Flennnj;.
I will even ^o a step Inrtlier, and elaini with entire
conlidenoe, that if, alter the (.'ontraetor has entered
upon and partially ('oinplete<l any portion of hia Wi)rK,
the Chief Engineer becomes wilislied, either that the
line or gradients, are not in the right position; or that
his plans are in any respect defective or imperfect, hi'
not only /tfw the rlf/hi under the roufnttt; but it is hi><
iiupenitlce datij to make such changes, as in his opinion,
the good of the work may require
Not only the universal ci stom, up( other siin;liir
works, is »*, Tied upon, to sustain this theory ; but the
following clauses from the specifications arc n lerred to,
as bearing directly upon this branch of the subj"ct :
" 2. The term Eii;fineer, whon used, either in tlie contract or spociHcii
tions, will in all cases refer to the Engineer in rhiefof the North Shore
Kiiilway, or to any subordinate Engineer, who, acting under instructions
from the Engineer in Chief, may for the time being, have the dire(;t
charge and supervision of the work particularly referred to.
"3. The work will, in all cases, be imder tlie direct charge and con-
trol of the Engineer; and his orders must be complied witl- in every re-
spect, and under all circumstances. He will have power, and it will ho his
fluty to reject or condemn, at any stage or condition of the work, all work-
manship or material, which, in his opinion, may be imperfect or unsuit-
able ; and the same must be immediately corrected, or replaced, to his
entire satisfaction."
1 admit however, that in doing this, he should, in
justice to the Contractor, indemnify him for any loss in
work, materials or expenditure that he may have in-
curred, Wider the direct on of the Engineer, by reason of
.such change ; which indemnity may readily be made
by reducing the required expenditure upon other and
less important items embraced in the contract.
To insist that in 1872, it. was possible for the Chief
Engineer, with such engineering talent as he then might
ia> r
k
.i' '■
f "
I
7
\
8 VIEWS OF THE CHIEF EMilNEEH
happen to find availtil)le for the purpose, to locate the
entire lino from Quebec to Montreal so perfectly, that,
two ye irs afterwards, when every bench-mark, tangent-
point, and center-stake had either been removed or des-
troyed, an entirely new Staff of Engineers, could even
find the original line and stake-holes, seems of itself, to
be quite unreasonable.
But when it is claimed, that in addition to this, he
is forever afterwards precluded from making any im-
provements in this line ; or in the plans of structures
which he then may have deemed proper to anticipate .
or in the hastily prepared quantities which \n) then
may have computed, the idea, to my mind at least,
seems to be perfectly preposterous
In order to demonstrate :
1st. That the views above expressed were enter-
tained by niB; at the date of the original contract ; and
while the work was in the hands of the Chicago Con-
tracting Company.
2d. That they were fully concurred in and acted
upon by that Company ; and
3d. That the present Contractor has fully concur-
red in, and is now acting upon them :
I will state, that at the request of the Cliicago
Contracting Company, in 1872. I prepared a form of
sub-contract to be used by them, and which they after-
wards printed, in which was embodied the following
clause : " First — The party of the second part hereb\
agrees to procure and furnish the lands for right of way,
together with all necessary extra widths for borrowing
pits, and waste or spoil banks, without unnecessary dela.y,
said second party reserving the right at any time, to cJiauye
the loration of the line, and tfie estahlishment of the grades .
ON CI[AN(JES DURINT} C(>ysTI?r(TI( >N.
{)
} the
that,
igent-
v des-
even
elf, to
lis, ho
V ini-
•
ictures
ipate .
5 then
least,
enttM-
it ; ami
o Con-
d acted
coiicm-
Chicugo
form of
y after-
Uowing
hereh}
ot'wav,
rrowing
y dela^}',
grades .
and it is mutually agreed that )t(t extra rluirt/r will he
claimed or allowed on account oi' ff Kelt t'louufv-s in fhcliuf^
or f/rmlcfi, the prices herein mcntionel heing considered
i\s full fofitftensttfion for the various kinds of work agreed
to he performed."
The printt-d form from which the foregoing is an
extract, was used hy the Chicago Contracting Com[)any,
in their suh-contract with Mr. Hulhurt, for the portion
of the work near Quehec; and the same form, v:lth fh'm
chnine nnch(nH/ed, has /teen used hi/ tJte present Contractor
in all his suh-contracts where the form could he made
availahle.
If further evidence is wanted, I have hut to refer
to the Contractor's letters to the Railway Company ; the
proceedings of the Board of Directors ; and the Reports
of the Chief Engineer, during the past year, in connection
with the location of the line within nnd near the city of
Quebec, in order to prove that the views, not only of the
Contractor, but of the Railway Company, have hereto-
fore been in full accord with the views of the Chief
Engineer
If the Contractor has heretofore entertained his
present views, why has he not, during the past Fall,
laid the track through King street, as described in my
Report on location in October lOth, 1872 ; and thence
onward through St. Sauveur, where the work was
actually commenced in 1872 ; and thus have given the
Company an earnest, not only of his present sincerity ;
but of his intention to carry out his contract; instead of
waiting and complaining that the Chief Engineer and
the Company are keeping back his work, by their delay-
in deciding upon the location of the line within and near
the City.
'/
l;^
10
VIEWS OF THE CHIEF EX(iINEEK
It waH ill iicconhmce with the principle, herein «li?-
Z^Bwded, uiid whicii, in my opinion pervades the entire
contract that I changed the h>cution of the line and "Trades
and increiiHed the cost of constrnction hetween the Mas-
kinunge and Chicot Rivers in l<S7o, while the work was
in the handu of the Chicago Contracting Company.
It haw also been the governing principle in any
changes that have been made dnring the past year, since
the work has been in the hands of the present Con-
tractor, which <;hanges have, thns far, resulted greatly
to his advantage.
It wa.s also in accordance with this principle that
•• Circular No. 2" dated June TJth, IS74, was prepared
• For the informatio i and guidance of the Engineer
Depairtinent and Contractor, with reference to certain
matters which are left open for tiie decision of the
I'iiigineer, in the (Jeneral Speciiications for the Main
Line" Iroin which the following are extracts:
•'The coiitnict for the uoiutruction and equipment of the Nortli
Shore Railway, and the gwneral speciKcations attached tliereto, provide
for a Jtrstclouts niilmty in all respects, so far as the main line between
Cinebec and Montreal is concerned.
" The fact that this was made a condition preceilent, which must bi'
«;omplied witli lie'ore either the Hallway Company, or the Contractor,
would be entitled to receive the large amount of aid granted to the road
by the Provincial (Jovernment, and the City of Quebec, rendered it un-
necessary to emboily in the original speciiications, all the details which
are usually contained in the specifications for a lirst-class railway, and
many matters of importance were therefore left to the decision of the
Engineer, during the progress of the work.
" In view of the great importance of insuring a perfect understanding,
and harmony of action, at the outset, an well as uriformity in the char-
acter 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 antl meaning of the contract and original specifications, the follow-
ing explanatory or detailed speciiications have been prepared in relation to
the dilferent classes of work hereinafter referred to, so far as any contin-
gency connected therewith can now be foreseen and provide<l for."
y
HN CFrANGKS Dl'KINd (J< >NSTKU(JTIOX.
IL
taudint;,
le char-
rpose of
the true
e tbllow-
iition to
f contin-
" The oliaiMcter of the fencing and gJit«.s ah)ng the boundary lines of
tlie Railway, as regards the duiaVjility of the materials of which they ar«?
composed, and the style and workniansliip 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 Ilailw.iy in the I'arishes and Counties
through which the Railway passes.''
" The minimum width of tweh'e ff.et as specified for single track, is
intended to apply only to cases, both in excavations an<l embankments,
where the native material is of 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 deptii of ballast, and aKnishing width of twelve
feet at grade."
" The finishing width of twelve feet, as above specified, is intende<l to
apply to the road bed after becoming fully settled, and after the slopes
iiave become firmly fixed in position, so as to be free from the dangers of
•<couring, slides, «feo. ; and the Engineer in charge mist make due allow-
ance, in extra widths, for height of banks character of material, and other
contingencies of this nature, during the progress of the work.'"
" The Engineer in tlirect clurge of the work will bear constantly in
mind the p-vramount necessity m tiiis climate, of guarding against the
(lingers of obstructions from snow, in the fiit'ire running of the road ; anM
he will be expected to adopt ev.«ry practicabb' expedient to obviat- this
• lunger, both in the formation of earth works, and in the borrowing and
disposition of material; having in view also the future construction of snow
fences along the line, at all exposed points.''
" The question of cross or lateral drainage will be made the subject of
special observation and study by tUe Engineer in direct charge of the
work ; and great care must be taken to adopt openings of sufficient sec-
tional area to pas» the waters of the highest Hoods ever known, likely or
to occur in the locality. In cases of doubt, the decision should always be
upon the side of safety."
" The term First-class nibble masonry, as used in paragraph 2, under
the head of MAH0i>rKY, in the General Specifications, is ntendod, so far as
regards strength, durability, general appearance, and proper adaptation
to secure work which shall be fully up to tlie standard for similar struc-
tures upon the Intercolonial, Grand Trunk, Great Western or any other
tirst-class Railway in Canada.
The exception with reference to broken or irregular courses, in ex-
treme cases where the quarry will not afford stone of uniform thickness for
every course, must not be construed in such a manner as to result in work
which shall be inferior in strength and durability, to ordinary tirstclass
rangeil work.
W^
12
VIEWS OF THE CmEF EN'(JINEEU
The following extraot from tiio Sptcijiradonif for the Intercolonial Rail-
temf is given as a guide to the Engineer in charge, Contractors and
Inspectors, with reference to the general idiaracter and details of this
class of work in the more important structures upon this road:"
" Sliouhl contingencies (K!CU" during the progress of the work, whicli
have not been referred to, or i)rovided for, in the above, they will be
immediately reported to the office of the Engineer-in-Chief for furttier
information and instructions.''
Tho siuno priiicipk' was alft) strictly atlliered t., in
the preparation of tlie " Detailed Specifications lor
lonndatioiis in deep water:" from which the foUowinu
sue extracts :
(iKXERAI, DksCKII'TION.
" In cases where solid Kock is not easily attainable, it is proposed to
furnish substantial and tlurablo foundations for bridge masonry in deep
water, by means of a cotiiposife subsfnictnre, to be formed of piles, sur-
rounded by a rough, strong crib work, filled with stone.
It is intended that the entire weight of the masonry, and bridge
superstructure shall bo supported by the bearing i)iles ; and that the crllt
shall keep the piles firmly in position; and at the same time, protect them
from the effect of scouring or undermining, by reason of the action of the
current upon the bed of the stream.
The following method of construction will be adopted, subject to such
modifications as may, from time to time, be directed or approvetl by tho
Engineer, during the progress of the work."
FUUTHEII PkOTECTIOX.
" After the platform has been securely anchored in its place upon the
piles, such further protection, or guard piles, shall be driven ; and such
additional connections, fastenings and finish shall be put upon the top.
and outer side of the crib work, including brush and rip-rap around th^^
bottom, as may be required by the Engineer, for the purpose of protecting
it thoroughly from the injurious action of tho water, ice, or any other
danger to which the foundation may become exposed.''
Believing, as I do. that the foregoing quotations
are in full accord with the spirit of the contract; and
that they are therefore as binding upon both parties to
the contract, as the General Specifications attficheil
thereto, the same principle, it properly applied may, in
my opinion, also be made to remedj'^ tin. most, if not all
of the objections, which have recently been raised by
ili:
,111
for
sur-
OX CllANCJES DUKI.M^ ('( (NSTIUJCTION.
I;;
the Provincial (fovermiicnt, oitlier as to tlic In.'i,irlit and
u'idth of eartli-works; or to the plans lor mt'ehanical
striu'tures iqion the line, in case it should i)e louiid
necessary or expedient to do so, lor the [)ur]>ose ot' secu-
ring; the promised aid from tiie rjovermnent Tor the
construction ol' the Road.
Believiiiir, however, as I sincerelv do. that this
important enterprise is now passing through an ordeal
ujion the result of which will depend, either its speedy
completion, upon the basis of the present contract, plans
and profiles ; or its speedy death a.:d burial, beyond the
hope of any immediate resurrection. I have to 'iie best
of my ability, and in good taith to the Railway Company
and the Contractor, endeavored, up to the present time,
to combat this idea; and to show that the true policy of
all parties iuterest'.'d, is to com[ilv.'to the road, as soon
and as perfectly as possible, up,)ii ilij location, gradients
and plans heretofore approyed by the Government,
through its Directors; and also by the Railway Com-
pany, and the present Contractor.
With reference to the '• Schedule," upon the infitlli-
hUitij of which the Contractor seems to have i)laced so
much reliance, I have only to remark, in addition to
what is contained in the " Remarks " submitted to Mr.
Fleemiug, that, if the foregoing theory, as to the power
of the Chief Engineer to change the line, gradients,
plans of structures, &c., is admitted, it must also be
admitted that he has the same power to change his
''Schedule" of quantities, at any and all times, when
the changes in the line, gradients, plans, &c., ma}', in
his opinion render it necessary, in order that it may
represent, as nearly as possible, what it was evidently
intended to represent by the provisions of the contract.
I
!!
14
VIEWS (»K THE ('ilJLjF EN(iINEEI{
In piuHiiiiiu'O of tills idoji, the following forni of
cortiliciite has been attjiclied to every - Seliedtilo" that
'ijis l)ei,'ii i)r(! pared in thisolliee :
•' I iiereby certily that the above is a eorreet sclie-
<hde jf the eash and relative contract valnes ot tlie
iliflerent classes and items of expenditure re(iuired to
construct and e([uip the Main Line of the North Shore
Railway under the (;ontracts dated (&c. &c.,) so liir as
the same can be ascertained Irom exis(iinj data. The
same being sulyect to future rerifilou ujk/ corret tiott."
The Ikcts, that the Railway Company has to o))tain
the approval, by the Dominion Government, of tlie
location and plans of the most important and expensive
structures upon the Road ; and t'lat this approval has
not in all cases yet been obtained, are of themselves
suilicient evidence of the entire impracticability of
either preparing a perfect '• Schedule" ; or of fixing the
precise location of tlie line, even at the present time,
I beg leave to submit further, in connection witli
this whole subject, that there are no proliles, either
referred to in, or attached to the original or supplemen-
tal contracts, and fi>nn'uHj pdrt thereof, as claimed by the
Contractor.
The only profiles ever referred to, in this connec-
tion, were mentioned, is having been examined by
the original Contractors, in their first proposition foi
t'onatructingthe road, which proposition, as subsequently
modified, forms the basis of the present contract.
These were the ohlprojiles of the line, as run twenty
years ago ; and the quantities based upon them, which
were also shown to J^he original Contractors, exceeded
very largely the quantities based upon the present
profiles ; although 1 am very sorry to say, the grade line
ON CHANGES DUlUNi^ C( »NSTRl'CTIOX.
15
lie
111 many places, and over large distances, was laid quite
as near the natural surface of the ground, as it is upon
the present proliles.
I have carefully preserved these profiles, in rase
they should he wanted for future reference.
I also beg leave to submit, that the voluntary and
unsolicited assumption of the original contract, by the
present Contractor, involved merely a change in the name
of the " party of the first part," so far as the Railway
Company and their Chief Engineer were concerned ; and
that it did not involve acliange in the legal ntainn of the
parties, as claimed by the Contractor.
Therefore, whatever information the present Con-
tractor mav have afterwards found in the office of the
original Contractors, could have possessed no greater
significance or value to him, tlian it had previously pos-
sessed to the original (Contractors
Furthermore, 1 have occasion to know, that the
present Contractor considered everything which he
happened to find in the Contractor's oftice, after his
assumption of the contract, of so little importance and
value to himself, that he even allowed the original Con-
tractors to takei with them, out of the country, all of the
accounts and vouchers for the expenditures which they
iiad |)reviously made <>ii account of the contract.
In view of the great importance to the Railway
Com[)any, of the questions heroin discussed ; as well as
others which are now pending with the Government
and the Contractor, 1 would respectfully, but earnest-
ly recommend that the Company take the measures
necessary to ascertain its legal position and rights under
tlie contract, at the earliest possible day.
I huve only to add, in conclusion, that when ii is
l":
n
#,
16
VIKVVS OF THE CiriEF ENUIXEEU
considered tliiit tlio Contractor, who lias undertiiUcn t<»
execute the contract, understands its most iiii|)ortant
provisions in a manner so diamelrically opposite to the
understanding of tlie Chief Knirineer, who pi-epared the
contract and specilications ; and wliose dutv it is to see
tlnit they are proi)erly executed, it is not at all strange
that ire(pient and serious collisions shoidd have occurred
between these parties, during the progress of the work.
In fact, I think it may be regarded as almost wonderful
that, under such a state of things, any material progress
has hitherto been made in the work.
If the present discussion of these subjects, and their
reference to an enlightened and disinterested Engineer,
shall bring about a union of sentiment and purpose that
shall result in a united elt'ort to secure the speedy and
proper completion of the Road, the sincere friends of the
enterprise will certainly have no cause to regret that
the discussion has taken place; unless it shall unfor-
tunately be found to have hladcd the enterprise, in the
eyes of capitalists, to such an extent, that they will
refuse to invest their money in the securities ol the
Company ; and thus secure the fimil abandonment of the
road, to the fullest extent that has heretofore been
predicted by its most open and violent enemies.
Respectfully submitted,
SILAS SEYMOUR,
Engineer in Chief.
To THE President and Directors.
imimwmmm*