The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-14
THE PACIFIC RAILROAD AGAIN.
Important Cerrespe.de.es.

Important CSrrespendenee.
WAsuiNoroN, July IL, 1850.
Hon. Isaac n. Morris, Commi''ioner Unioa Pacific
sm: Being interested In the first mortgagc
bonds q the Union Pacific railroad, and
having read your report TO the President OF
the United States, may take the liberty to
ask you the following questions;
|. Should the Government accept the " hole
road, will II not DO prccluded from hcren ftor
setting up that II Is not q t'hrst-cla.. road H.
all respects" and the mortgage bords Of the
company thereafter DO first lieu on the road
under the law
2. Does not your associate commissioners
General Warren and Hon. J. ?. Wilson
express tho opinion that. with an evpendi-
ture Of some seven million dollars. the rna
Will DO what the law rrqulrrsi and wherein,
do they differ from yoni
9. Did you pass over the road with vour
associates, and consult with mem In the pre-
paration Of theirs and your report, aud II
not, how did this occuri
have the horor tn be, very respectfully,
yonr obedient servant.
HAMILTON G. FAINT.
wIsHISoros. July u, 1850.
HamH'nr o Fast, E,g. Baaksr:j
SIR: am In receipt Of your letter Of yes
terdsy, aud have No objections to answering
your questions, or any other respectful ones
which may 10 propOunled to me.
In responding u your lrst lnterrogatory
allow Inc TO say there can be no such thing
~ the acceptance Of the road In the sense
YOU imply. The delivery Of Government
bonds by its oficers TO the railroad company
could not al Ct the power Of Congress to
at any time alter, amend or repeal" the act
II July ., 1864, by the provisions OF which
he Government bonds were subordinatcd to
the mortgage bonds Of tho company, and
made u second lien. There can be no ques.
ion Of the right Of Congress to restore the
len Of its honds as 1t stood In the original
'h.rf"r Sat any time" before the act referred
20 !. repealed. The officers Of tho Govern
nent. AMI all interested In the railroad or
The bnnd~iss by the railroad company,
% re bound to take notice of the law. The
acceptance Of the road Ia another and DIFF
i,r'nt Ir.stion from the right of Congress TO
restore the lien of the Government bonds,
J an of the opinion that the bonds once paid
ouf cannot legally be recovered. But re-
peat that does not prevent Congress from ex-
"rcising power II expressly reserved the
light to exercise, viz; 10 change The reid
Tive position Of The tro classes Of bonds, and
restore the Government bonds to their FIRST
lien 'a any time" that body may be dis
posed to exercise Its reserved authority, I
give you my legal conclusion without arru-
ment, as wish to make my reply as concise
as possible.
Your second question compounds the ex-
aminations, and the two classes of commits
sloners who lately passed over the road, and
can best answer II by stating the facts.
1t must be remembered that Gen. Warren
has been on ico commissions aud submitted
t'ro reports. In the first place he was sent
out with other engineers to examine the
whole limo OF road, and some sir weeks ago
filed his report on The first examination, In
which he estimates II will require s6,77l, 10
to complete the Union Pacific road, and
81, 493, $50 to complete the Central Pacific.
Subsequently President Grant appointed
him on the commission with Hon. James +.
Wilson, Of Iowa, and myself to examine
eighty-six miles of tho Union Pacific road
the Interior Department, had just been COM
pleted. This portion OF the work, consist
ing Of four sections of twenty miles each
and q fractional section OF six miles In
round numbers, they recommend should be
accepted BY the Government, but estimate
1t will require $3.50, AS to complete the last
four sections. Their reports (for thore is
Ons submitted on each section) are confined
to said sections, being an Endorsement of the
reports made out by the engineer Of the road
with the exception Of the estimated amount
already stated, to.wit: $3.50, 445 required to
complete them. General Warren had lust
submitted general report on one thousand
and thlrty-flvc miles Of the road, to which he
confined his estimate of SO, III 40, and IL
was not necessary for him to do so again.
gave summary In my report OF the con-
dillon OF the eighty-six miles, but made no
special estimate Of the amount required to
| complete them. | state, however, my con
yictlon that the road, on the whole, Is about
flHn Il.
general view Of tho whole road question,
rather than part Of 1t. General Warren
estimate, including the expenditure of such
portion of the amount required to complete
the cighty-six miles which were not before
examined by him, may be stated Ia round
numbers at $7,00O,0OO. In this cs.iIuutu h.,
allows II little less than Sl,0O0,OoJ for hal.
lasting one thousand and thirty I've miles %
the road. Whether that will b. sufficient
leave others to Judge, not wishing or Intend
Ing to express IN opinion On the subject my
self. From the amount, II would seem the
estimate Is based only on shout ons fith Of
the road.
Divide the 81, 900, 900 by one thousand and
eighty-slx, the number Of miles 81 the road,
and ii will show that General Warren gives
siI thousand four hulllre' d'p' G.r,y.fge dol.
lars and a fraction oUdr "a III as;rlJt per milo
Hseessary 70 eomPia's ~ This amount Ia Ger.
talnly startling, and, all things eynidersd
there is not so much difference n our estl.
mate, especially In view Of the road not being
ballastei as to create surprise. Mr.. Ames,
the president Of the company, issued a
pamphlet attacking General Warren's 70.
port, In which he endeavors TO argue the
Government out OF the idea altogether OF
hallssting the road. II may, after all, turn
out, Notwithstanding its ''nelrHcss," to be In.
| complete, Can any other one thousand and
righty-.ix miles Of new road In the United
States b. found which will require sir thou,
aaa' fur hundred aud JortyJivs dollars 10 com.
MET, u, especially AFTER its president has made
tfiidHvit that II MAS completed as "Hrst.
ridss road ~ III reADsets f''
IN my report, a. have already stated,
make M particular estimate Of what 1t will
cost 10 complete the piece Of road Just exam
Incl, but Stats IL defects, and therefore do not
question the accuracy OF the figures put
down by General Warren and Mr.. Wilson
on the basis of their estimate. ! do, how
ever, differ with those gentlemen on ne la,o Of
~ case. Iu my judgment, the law does not
,lto0 Ms acceptance Of any part Of the road
untli said part Is flushed as "a RrSt-eldSS
charter bearing on this point | gave In my
report.
have now stated the difference between
General Warren, Mr.. Wilson and myself, as
shown by our respective reports.
A brief answer TO your third question will
be found In the conclusion Of my report.
Still, 1t Is perhaps better that should re-
spond to 1t more In detail, inasmuch as vari-
GUS false statements have been made In rela-
ton thereto by the partisans OF the road.
On the 2sth day or April last Mr. Chand-
Ter, one of tho attorneys OF the compeny,
came TO me In this city and stated that In
strueuons 10 the commissioners would be Is
sued in day or SO, and he desired us TO
proceed at once 10 examine the road. l