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doubt can be entertained that the United States, like Russia, Belgium, and other iron producing countries, must for years depend more or less upon England for this species of iron; and equally clear that a duty of from $2,000 to $3,000 per mile, of the single track, is unreasonable and oppressive.]
All of which is respectfully submitted, by
MIDDLESEX, ss. Jan. 28, 1845. Personally appeared the above named, A. Crocker, Jacob Forster, David Loring, Israel Longley, Horatio Adams, Abel Phelps and N. F. Cunningham, and severally made oath that the foregoing report signed by them is true, according to the best of their knowledge and belief.
S. M. FELTON, Justice of the Peace.
SUFFOLK, ss. Jan. 30, 1845. Personally appeared the above named E. Hasket Derby, and made oath to the truth of the foregoing report, by him signed, according to the best of his knowledge and belief.
H. WELD FULLER, Justice of the Peace.
CONTRACT FOR STRAIGHTENING ROAD.
Articles of agreement made this twenty-first day of May, in the year eighteen hundred and forty-four, by and between the Charlestown Branch Rail-road Company and the Fitchburg Rail-road Company, both corporations duly established by the Legislature of Massachusetts :
Whereas an act was passed, on the sixteenth day of March last, by the said Legislature, authorizing the Charlestown Branch Rail-road Company to straighten their rail-road in Somerville and across the Lowell Rail-road, in the manner and according to the provisions named in the first section of said act, and further providing in the second section that the Fitchburg Rail-road Company shall have a right and interest in the new road-bed thus located and taken; and whereas it is for the mutual interest of both said companies that the said straightening shall be at once effected—the said companies do hereby agree and covenant with each other, that the same shall be done in the manner and according to the terms hereinafter provided.
Art. 1. The whole expenses of the proposed straightening, including land damages and materials to be furnished, and of all the proceedings connected therewith, shall be equally divided between the two companies ; but an allowance, as hereinafter named, shall be made to the Charlestown Branch Rail-road Company, to reimburse them in part for the expenses already incurred in the grading and the laying the superstructure of their present track.
Art. 2. The taking or the purchasing of the land and estates that may be necess
ssary for this purpose, and all other means needful to be adopted in relation to the ascertainment of land damages, shall be decided
upon and carried into effect by the gentlemen whose names are hereto subscribed—who shall act in all matters to which this article refers, as one committee, the determination of any five of whom, at any meeting, -of which each of said committee shall have at least one day's notice,-shall be binding upon both companies.
Art. 3. The making of the contracts for the grading and the laying the superstructure of a track for each company, and the necessary turnouts and switches, and the furnishing of the materials for the same, except as provided in the fifth article, shall be done by the Fitchburg Rail-road Company, who hereby agree to do the same in a thorough and economical manner, with all possible despatch, and with equal convenience to both companies.
Art. 4. The Fitchburg Rail-road Company do also further agree to make advances of all sums of money necessary to liquidate the whole cost of the said straightening, including the necessary purchases of lands and estates, and all other expenses, and to keep an accurate account thereof, open at all times to the inspection of the committee of the Charlestown Branch Rail-road Company and their superintendent, and to give a credit to said company for their proportion of the cost for
the term of one year, they paying interest thereon from the times said advances shall be made, and having the option to pay the whole sum due at any time previous. And when any sales of surplus lands or estates shall be made, one half of the proceeds thereof shall be credited to said company; but no such sales shall be made without first giving notice to the Charlestown Branch Rail-road Company, who shall have the right to purchase said estates at the highest prices that may be offered ; and in case they do not so elect to purchase, they shall forthwith convey their interest to the purchasers.
Art. 5th. The Charlestown Branch Rail-road Company shall have the right to have the rails and superstructure now upon
their present track taken up and used in the proposed straightening; and in such case, the Fitchburg Rail-road Company shall contribute their rails and superstructure, or as much in proportion as the Charlestown Branch Rail-road Company may furnish, without including the same in the said account.
Art. 6th. The track for the Fitchburg Rail-road Company shall first be laid, which the Charlestown Branch Rail-road Company shall have the right to use, until their new track shall be laid, in the same manner in which they now use their present track; and when both tracks shall be completed, the northerly track shall be deemed to be the property of and shall be vested in the Charlestown Branch Rail. road Company, and the southerly track shall be deemed to be the pro. perty of and shall be vested in the Fitchburg Rail-road Company.
Art. 7th. The engineer of the said Fitchburg company, and the superintendent of the said Charlestown company, shall together make
ate of what the cost would be at the present time to the former company of the grading and the laying of the superstructure of a track on their present road-bed, and the one-half of said estimate shall be credited to the latter company, provided that the amount thus credited shall not exceed one thousand dollars.
Art. 8th. The Charlestown Branch Rail-road Company do hereby agree to pay to the Fitchburg Rail-road Company, the balance that may be due to them on their account, to be kept as above provided, with interest as aforesaid, at any time, at the option of the former company, within one year from the date hereof.
Art. 9th. The two companies shall still retain the right and interest which they respectively hold in their present track and road-bed; and as long as the same or any part thereof shall be reserved for the purpose of turn-outs, both companies shall contribute proportionably to their
maintenance, and also to the laying of a plate-rail, if deemed expedient, when the present rail shall be taken up. In witness whereof the two companies have hereunto set their seals, and the Charlestown Branch Rail-road Company have caused their committee, G. Washington Warren, James Gould and Hiram K. Curtis, and also the Fitchburg Railroad Company have caused their committee, Jacob Forster, Henry Timmins, Abel Phelps, and David Loring, to set their hands the day and year first above named.
G. WASHINGTON WARREN,
Witness, HENRY JAQUES,
Seal of the Charlestown Branch Rail-road Co.
HENRY JAQUES, Treasurer.
Seal of the Fitchburg Rail-road
Witness, John P. WELCH.
SECOND ANNUAL REPORT
HARTFORD AND SPRINGFIELD
To the Legislature, January, 1845.
The Directors of the Hartford and Springfield Rail-road respectfully submit a report of their proceedings, receipts and expenditures of the corporation, for the past year.
The capital stock of the corporation remains as at the last annual report.
There has been expended during the year for superstructure, grad. ing, bridging, masonry, lands, fencing, engineering and miscellaneous expenses, $132,852 31-109; this amount has been furnished by the Hartford and New Haven Rail-road Company, under an agreement referred to in the last report.
Early in December, the road was so far completed as to be opened for use, and the Hartford and New Haven Rail-road Company with their own cars, engines and men, commenced running daily, (Sundays excepted,) over the same, four passenger and two freight trains, the receipts and expenditures of which have not yet been ascertained.
The road has been graded to a width of twenty-six feet in cuts, and sixteen feet on the embankments. The edge rail of the T pattern has been used, weighing 51 pounds to the linear yard, supported by chestnut sleepers 7 feet long and 7 inches through with 5 inch face, at distances partly two and one half feet and partly three feet apart. These sleepers rest on longitudinal sills of plank, 10 inches by 3, with a short piece of the same under them at their joints.
Total length of main line, Connecticut State line to Western Railroad depot, 31,039 feet=5.8735 miles. Length of side tracks at Springfield depot, 2118 feet=0.4011 miles.