^, 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 (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 < 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 lNSTKU(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 anrKY, 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- 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*