The Republican journal. [volume] (Belfast, Me.) 1829-current, 1870-11-24

and complete it in substantial manner so it shal
De flrst class road. This, as the concluding decl
ration, controls and modifies all the others.
| The equities of this case are to be considered
Having got this contract, prevented competition
forced consolidation, and got its ends all answered
the, Central Road now throws back the contrac
and says it won't have it. But for that they wou,
be here tonight, as they have been before on thei
knees, begging for the road. We intended to bull,
to Newport. and thence to the upper country W.
went to Burnham at their suggestion to uso thoi,
road as part of the route to Newport
/ Look ut the consequences on one side and the
other. If you decide in our favor, is the Contra
Road n NJ They have got the advantages 0
consol, Ia Their officers have said they cal
The profits are theirs. 9 cents out of TO- dcciso,
in our favor hurts them not at all. On the Other
hand, we have road tributary to them; il goes
nowhere; and we arc at their mercy, To bnil1
the road our city is largely in debt. In conclusion
we ask clear. clean verdict if in conscience Won
can give it, With it, we will create public opinio,
before winch they cannot stand by invoking the
sense OF justice, the power and majesty OF tho
| people.
Mr.. Jewett said there were two questions, and two
only nyovei-lst, was it first class road on Nov lst
although untnished2 first class road is determine,
by its organic structure, its road bed bridges waite,
courses co masonry and IRON II first casa it finish
ready ior rolling stock, we have a clean bill. If detect
manifest themselves, the Commissioners can appl
knees begging for the road now sticking axes int
few sleepers They say they paid $i0 600 here in Bel
specifications As matter Of fact they bny wanted tc
know who was Chief Engineer, The President of the
Central road wrote to me that Col. W'res was a com
peent man. but, said he lyon must watch him. or he
will build your road too WE'LL"
Mr.. Marshall read the following opinion from GOV
Crosby
To THE DIRECTORS OF THE BELFAST AMI
MoosEHEAD LAKE RAILROAD COMPANY.
| You request me to give my opinion of the leoa
construction OF lle contract of June 10, 1869, be
| tween your Company and the Maine Central with
special reference TO the stipulations touching til,
construction of your road to Burnham
| herewith submit it.
| That Contract anticipated that a difference OIL
opinion in the matters of the construction of the
road and the running Of trains on it might arise,
and provided in article Q that all such difference
should be submitted to the Railroad Commissioners
| for the State.
a difference of opinion has arisen as to the con
| struction of the Road. You contend that voul
Road now constructed is M to the terms of the
contract. The Maine Central contends that it is not
but IN most important particulars falls far below
the requirements OF said contract | quote from
their letter of Nov. 9TH, inst.
1t becomes the duty of the Commissioners, at the
outset, to place construction on the contract-de-
termine what is its true import-what it requires
OF yor-and then to decide whether your road falls
below its requirements and if so, in what partctl-
lars
If they of opinion that it comes up to the re-
quremcnts there is necessity for going further
IT. on the contrary they arc of opinion that it falls
short, it will become your dirty with all reasonable
despatch, or within such time as they may desia-
nate, to remedy all such defects or omissions as in
their Judgment are required to bring your road IN
to the requirements of the contract. This differ
ence the Commissioners to settle, as Justice and
a fair. common-sensc Interpretation of the contract
NAV demand.
Your contract stipulates that your road shall he
"ready for the rolling stock soon as Nov. :" but
contains no stipulation to the time when the Ell
tire road shall be completed. The fact that by the
terms OF the contract a Gay was fixed when the
road should be ready for the rolling stock and no
day fixed for the final completion Of the road rcnd-
ers it very apparent that it was contemplated by
the parties that the road, an entirety, would not
he completed until after That day.
1t is well settled rule of law, that where Il con-
tract is silent as to the time when an act shall be
performed, the law fixes the time: that is. it must
be performed within a reasonable time" What
is Il reasonable time depends the nature of
the contract, and the surrounding circumstances.
call attention to this rule of law as applicable to
the subject matter before the Commissioners. sim
ply in connection with the proposition before stat
ed; that should they award that existing defects
in the road cause it to fall below the requirements
Of the contract, a reas enable time will be allowed
you to remedy such defects.
pass to the consideration Of the question, What
does the contract, so far as the construction of the
road is involved require of you: What kind of Il
road did You contract to build: In answer, refer
to articles and Il in your contract.
In article |, ii Is stipulated that your road Shall
bc ofthe description, and built in the manner pro
vided in (your) cor tract and specifications with
Ellis. Wilson Remnant Coz" and said contract
and specifications are made part of the contract"
With the Maine Central.
Every agreement in the Ellis contract, then, be-
comes part and parcel of your contract with the
Name Central; every agreement III that contract
binding on you is binding on them; they adopted
those agreements aa part Of their contract and must
be bound by them.
In the Ellis contract, the authority of your Board
to accept or reject the road in whole in part. is
made the ultimate tribunal to decide whether or
not the road is constructed according to contract
That is part of the Ellis contract, the whole of
which, so far as applicable is made part of the con
tract with the Maine Central. In adopting the
Ellis contract as part of their the Maine Cen
trail recognized and sanctioned this authority vest
ed in you; and is bound by your action in the pre-
misses; your Judgment that the road is constructed
according to contract is conclusive on them.
The Ellis contract provides that ALI things
proper and necessary TO be furnished and done to
build and complete first class railroad, whether
named in the specifications or not. shall be done
and performed to the acceptance Of the Chief En-
gineer and your Board that the work shall be
done to acceptance Of same; and through the whole
code of specifications runs the same thread-that
this and that class Of work shall br done a. direct
ed by the Chief Engineer or Engineer in charge.
1t further provides that even The decision of the
Chief Engineer shall not be binding unless ap-
proved by your Board; had he decided that your
road was not completed according to contract. You
are vested with authority TO over-rule his decision.
All these provisions and stipllationS i'll the Ellis
contract, are as obligatory on the Maine Central as
they would be We're they embodied in their con-
tract word by word.
1t is stipulated in article |. before referred to,
that your road shall he of the description, and built
in the anner,proyided in the Ellis contract.
The description of the road, wherever it is de-
scrbcd in the Ellis contract il, first class road.
What is the Specification of that phrase, | will
treat hereafter.
'Built in the manner pr0ylied'' in the Ellis con-
f
that, notwithstanding the detailed specifications,
ity to the directions of the Engineer, to his and
your acceptance; if it constructed. it was
'built in the manner provided"
ITO not intend to be understood by the foregoing
that an adjudication by you Of the merits of the
road. or an acceptance of it, with fraudulent intent
would be conclusive on the other party. | take it
for granted that in your action in the premises, you
have acted in good faith towards all parties that
if there has been any error il has been error of
Judgment only.
pass to the consideration of Article Is of Your
contract. You therein Stipulate that you will build
your ''road ina substantial Misunderstanding to
the contract with Ellis and others, and specilica
tons before referred to, that the same shall be
first class road"
The sum and substance of this stipulation is, that
you will build substantial first class road. If you
have built road up to the Srictest letter of the
Ellis contract, and still it does not prove to be Il
first class road, you have not, yet, complied with
your contract; if, on the contrary, you have built
first class road you have complied with your con-
tract, even although you have not built II road in
strict accordance with the specifications in the
Ellis contract