The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1875-07-22

VALLEY RAILROAD COMPANY AND THE
SYNDICATE. Delay and procrastination in
the adjustment Of the affairs between the Syn
dictate and the Valley Roilroad Company seem
to have become chronic. It was earnestly
hoped that at the recent consultation in this
city of the gentlemen composing the Syndicate
and the representatives of the Railroad Com
pany, some definite understanding would be
effected, and the contractors relieved OF the
embarrassing position in which they are pla-
ced by reason Of the Company's failure to COM
ply with the stipulations of their contract
Two of the gentlemen Of the Syndicate, Messrs.
Mason & Shanahan, it is true, effected an un-
Outstanding with Mr.. Kayser, the consumma-
ton of which hinges upon the approval and
ratification of the authorities in Baltinlate.-
We have not heard yet whether this approval
has been given.
In the cases of Messrs. Mcmahon and Meni-
fee, detailed statement of their accounts was
asked for and furnished, with view to an early
adjustment of their claims upon an equitable
basis. Assurances had been given that there
was every disposition to deal justly in the
premises. The differences in these instances
are much more formidable than in those of
Messrs. Mason & Shanahan, where there was a
willingness to settle upon the basis of the final
estimate Of the Chief Engineer, as it does not
vary but slightly from the amount they claim.
With Mcmahon and Menifec the amount of
discrepancy arises from the changes in the
plans of the Company, in the process of the
construction of she work, and it's re-classifca-
ton by the Chief Engineer, after the work was
suspended. Having commenced operations on
a furnished plan, the contractors went ener-
gatically to work to carry it into effect. They
were notified to suspend operations on the plan
started with and were furnished with another.
This was repeated three or four different times.
of a great deal of work, not. by any departure
from the plan by the contractors, who were
faithfully following official Instructions bit by
reason of the changes in the plans of the Com
pany, as stated. These losses aggregate in
money about s11 900, which the contractors are
responsible for, and for which they claim that
the Company should pay them.
There are other discrepancies between these
contractors and the Company, arising from the
differences between the estimates of the resi-
dent engineers, approved bv the division en-,
gineer, and the assistant chief engineer and
the chief engineer himself, and the final esti-
mates of the chief engineer. AS the estimates
| were made by the resident engineers, they were
examined by the division engineer, and appro-
we'd, and then passedte the office in Staunton, and
approved by the assistant engineer, and also
by the chief engineer, without whose signature
no payment could be made. 1t seems now, in
the final examination and estimates of the
the estimates claimed, only upon which basis
is the Company willing to settle. This reduc-
ton aggregates against the entire Syndicate
about S35, 600. Two Of the contractors compo-
sing the syndicate, Messrs. Mason & Shanahan,
have indicated disposition to accept this ba-
sis Col. A. W. Hartman, another member of
the Syndicate, was disposed at one time, in Or
der to adjust the differences without
litigation or further delay in the man
ner proposed by the company,
provided the obligations OF the company were
endorsed by the Baltimore and Ohio Railroa
Company. This being refused, and suit against
the Company having been instituted, he is not
disposed to surrender the terms Of his con-
tract; but insists upon its faithful observance
as we'll by the Company as himself.
Messrs. Mcmahon s. Menfee cannot think of
a settlement that will entail upon them all the
losses occasoned by the Compahy's action,
without consulting with them, in changing the
plans of the work upon which they were enga.
ged. and reducing the estimates Of the resi-
dent and division engineers, endorsed by the
assistant and the chief, and upon which they
based their expenditures. 10 do so would be
ruineus, and it is flaglantly unjust, if not
criminal, to expect that they should.
We give this general outline of the vexatious
relations of the contractors and the company
to satisfy the frequent inquiries made of us az
to the progress of the settlement.
1t must be conceded by all the parties impli
Gated and all impartial minds that there has
been great deal of unnecessary delay and
ENHANCEMENT in the adjustment of very
plain proposition. We do not see what justif,
cation can be pleaded either in. law or in equi-
ty by the company for not coming I'D squarely
to its agreement with the contractors and re,
lieving them from the embarrassments which
have been so unreasonably thrown around
them. They are claiming nothing but what il
justly theirs, according to . common sense view
of the case and it will not further the ends o.
justice or mitigate the Obligations that rest
upon the company, to dilly-dally and trift
with the matter longer. 1t does not have The
appearance of disposition to deal fairly and
squarely in the premises for the company to BIZ
holding out the belief that they are anxious to
arrange the differences and difficulties, wheI
they manifest q purpose to ignore the action Of
the resident, the division, the assistant an(
even the chief engineer. 1t looks more like :
purpose to worry and exhaust the patience Q
the embarrassed parties, in order to drive them
to the acceptance of the harsh and arbitrary
determination of the company. 1t is position
that no intelligent and justice-loving commu
nifty or man will endorse, and is one that the
gentlemen composingtthe sydicate are firmly
resolved to resist. That they desire settle,
ment upon fair terms, there is no one who viii
doubt. because it. is to their interest and be-
cause it is right. But that they mean to sub
nit to fragrant and bare-faced outrage no on
need expect. ~