HAUPT.

Previous to the receipt of Mr. Haupt's letter to the treasurer, but

subsequent to the message of the governor, from the foregoing, extracts

have been made, to wit: On the first day of April, 1863, the following

preamble and resolutions were passed by the directors.

"On motion of Mr. Brigham, seconded by Mr. Cheever, the following

resolutions were adopted:--

"_Whereas_, The stockholders of this company at their annual meeting

held September 2, 1862, unanimously acquiesced in the action which the

legislature had taken in regard to the affairs of this company, and

voted to surrender the property of the corporation to the Commonwealth

in the expectation that the railroad and tunnel should be completed in

conformity with the avowed intention of the legislature. It is

"_Resolved_, That this board of directors see no reason to regret the

step which this corporation has taken, but in the kindly interest shown

by His Excellency the governor in this enterprise, and in the able

report of the commissioners appointed to examine the subject, they

perceive every indication that the great work will be prosecuted with

vigor and arrive at an early completion.

"_Resolved_, That having released the property to the Commonwealth, we

recognize the State as having entire and complete control over the same;

our only claim being that the State shall carry out in good faith the

recommendations of the commissioners as contained in their report, and

in the address of the chief magistrate of the Commonwealth.

"_Resolved_, That the clerk be requested to furnish copies of the above

vote to the friends of the road in the Senate and House of

Representatives, to be used if necessary to show the views of the

directors."

On the 29th day of April, 1863, the legislature, passed an Act entitled

"an Act in addition to an Act, providing for the more speedy completion

of the Troy and Greenfield Railroad, and Hoosac Tunnel," which is

chapter 214 of the Acts of 1863. By the provisions of this Act, the

commissioners appointed under chapter 156 of the previous year, were

authorized, subject to the advice and approval of the governor and

council, to construct, complete and equip the Troy and Greenfield

Railroad and Hoosac Tunnel, and to make such alterations in the line of

the road as may be deemed necessary to render it suitable and proper for

part of a through line from Troy to Boston. Also such alterations in the

location and dimensions of said tunnel as will render it suitable and

proper for use, in accordance with the spirit and intent of the 224th

chapter of the Acts of 1854.

By the legislation of 1862 and 1863, and the vote of the directors and

of the corporation in the same years, the corporation surrendered to the

State the road and tunnel, and the State took possession of the same

with the express understanding on both sides, that they would proceed in

the construction and completion of both works. The enterprise having

fallen into the hands of the State, and the work having been assumed by

the State government, no further vote of importance appears upon the

records of the directors. Their last meeting was held August 30, 1865,

when Alvah Crocker was chosen President, and Wendell T. Davis, Clerk and

Treasurer.

[B.]

_Principal Acts of the Legislature relating to the Hoosac Tunnel

and Troy and Greenfield Railroad._

[1848--Chapter 307.]

AN ACT to incorporate the Troy and Greenfield Railroad Company.

_Be it enacted, &c._

SECT. 1. George Grennell, Roger H. Leavitt, Samuel H. Reed, their

associates and successors, are hereby made a corporation, by the name of

the Troy and Greenfield Railroad Company, with all the powers and

privileges, and subject to all the duties, liabilities, and restrictions

set forth in the forty-fourth chapter of the Revised Statutes, and in

that part of the thirty-ninth chapter thereof relating to railroad

corporations, and in all other general laws which have been, or shall be

hereafter passed, relative to railroad corporations.

SECT. 2. Said company are hereby authorized to locate, construct, and

maintain a railroad, with one or more tracks, from some convenient point

on the Vermont and Massachusetts Railroad, at or near the termination of

said railroad in Greenfield, through any or all of the following towns,

viz.:--Greenfield, Deerfield, Conway, Shelburne, Buckland, Coleraine,

Charlemont, Hawley, Rowe, and Monroe, in the county of Franklin, and

Savoy, Florida, Adams, Clarksburg, and Williamstown, in the county of

Berkshire, to some point on the line of the state of New York or of

Vermont, convenient to meet, or connect with, any railroad that may be

constructed from any point at or near the city of Troy, on the Hudson

river, in the state of New York.

SECT. 3. The said company may, with their railroad, unite with, and

enter upon, the Vermont and Massachusetts Railroad, at or near the

termination thereof, as aforesaid, and may likewise enter upon, cross,

and use, the railroad of the Connecticut River Railroad Company, in and

near the town of Greenfield, (not, however, interfering with the depot

buildings of either of said companies,) on such terms as may be agreed

upon between the corporation hereby created and the aforesaid companies

respectively, or as may be prescribed by law.

SECT. 4. The capital stock of the said company shall consist of not more

than thirty-five thousand shares, the number of which shall, from time

to time, be determined by the directors thereof; and no assessment shall

be laid of a greater amount thereon, in the whole, than one hundred

dollars on each share. And the said company may purchase and hold such

real and personal estate, as may be necessary for the purposes of their

incorporation.

SECT. 5. If the location of said road shall not be filed within two

years, in the manner prescribed by law, or if the said railroad shall

not be constructed within seven years from the passage of this act, then

the same shall be void.

SECT. 6. The legislature may authorize any railroad company to enter,

with their railroad, upon the Troy and Greenfield Railroad, on such

terms as may be agreed upon by said companies, or as may be prescribed

by the provisions of law.

SECT. 7. The legislature may, after the expiration of five years from

the time when such railroad shall be opened for use, from time to time,

alter and reduce the rate of toll, or profits, upon said road; but said

toll shall not be so reduced, without the consent of said company, as to

produce, with said profits, less than ten per cent. per annum, upon the

investments of the said company.

SECT. 8. The said corporation may contract with the owners of any

contiguous railroad leading into or from either of the states of Vermont

or New York, for the use of the whole or any part thereof, or for the

running and operating the two railroads conjointly, or for the leasing

of such contiguous road, or for the letting or hiring of their own road

to the owners of such contiguous road, or of any other road which

composes a part of the railroad line between the cities of Boston and

Troy, of which the railroad hereby authorized shall be a part.

SECT. 9. The Troy and Greenfield Railroad Company shall, within one year

after the opening of their road for use, purchase and take an assignment

of the lease and contract of transportation, made and executed between

the Western Railroad Corporation and the Pittsfield and North Adams

Railroad Corporation, on the thirteenth day of January, in the year one

thousand eight hundred and forty-six; and shall have all the advantages,

and assume all the liabilities, accruing under and by virtue of said

lease: provided, that the said Western. Railroad Corporation shall

perform their covenants in said lease, to keep said road, and other

property therewith connected, in repair, until such assignment; and

shall, within six months after the said Troy and Greenfield Railroad

Company shall have filed the location of their road, according to law,

and shall have raised, by subscription, one million of dollars, for the

construction of the same, signify, in writing, their election to make

such assignment: and provided, that, at the time of such assignment,

there shall be secured to said Western Railroad Corporation, by a proper

instrument, a lien or mortgage upon all their rights in said Pittsfield

and North Adams Railroad, as collateral security for the performance of

all the obligations of said corporation, contained in said lease and

contract of transportation: and, provided also, that, after the

completion of the said Troy and Greenfield Railroad, the said Western

Railroad Corporation shall assign and convey, to the said Troy and

Greenfield Railroad Company, the said contract of transportation,

according to the terms of this section, if the said Troy and Greenfield

Railroad Company shall so elect.

SECT. 10. This act shall take effect from and after its passage.

[_May 10, 1848._

[1852.--Chapter 291.]

AN ACT concerning the Troy and Greenfield Railroad Company.

_Be it enacted, &c._

SECT. 1. The Troy and Greenfield Railroad Company and the Southern

Vermont Railroad Company, a corporation established by the laws of

Vermont, are hereby authorized by a vote of the stockholders now, or to

be, passed, to unite themselves in one corporation; and such vote having

been passed, they shall thereupon become one corporation, and all the

franchises, property, powers, and privileges now enjoyed by, and all the

restrictions, liabilities, and obligations imposed upon, said two

corporations, by virtue of their respective charters, shall appertain to

said united corporation in the same manner as if the same had been

contained in or acquired under an original charter. Such corporation, so

formed by such union, shall be called by the name of the Troy and

Greenfield Railroad Company.

SECT. 2. If the Troy and Greenfield Railroad Company shall unite with

said Southern Vermont Railroad Company, then, and in that case, one or

more of the directors of such corporation, formed by such union, shall

be an inhabitant of this Commonwealth, on whom processes against such

corporation may be legally served, and said company shall be held

answerable to answer in the jurisdiction where the service is made and

the process returnable.

SECT. 3. The said company and the stockholders therein, so far as they

are situate in Massachusetts, shall be subject to all the duties and

liabilities of railroad corporations in Massachusetts, and to the

general laws of this Commonwealth in relation to railroad corporations.

[Approved by the Governor, May 20, 1852.

[1854.--Chapter 226.]

AN ACT authorizing a Loan of the State Credit to enable the Troy and

Greenfield Railroad Company to construct the Hoosac Tunnel.

_Be it enacted, &c._

SECT. 1. The treasurer of the Commonwealth is hereby authorized and

instructed to issue scrip, or certificates of debt, in the name and in

behalf of the Commonwealth, and under his signature and the seal of the

Commonwealth, for the sum of two millions of dollars, which may be

expressed in the currency of Great Britain, and may be payable to the

bearer thereof in London, and bearing an interest of five per cent. per

annum, payable semi-annually in London, on the first days of April and

October; or the said scrip may be issued in federal currency, payable in

Boston, as the directors of the Troy and Greenfield Railroad Company

shall elect when they apply for each and every issue of said scrip, with

warrants for the interest attached thereto, signed by the treasurer;

which scrip or certificates, in the currency of Great Britain, shall be

redeemable in London, and those in the federal currency, at Boston, at

the end of thirty years from the date thereof, and the same shall bear

date on the first day of April or October which shall precede the issue

of each portion of said scrip; and all such scrip shall be countersigned

by the governor of the Commonwealth, and be deemed a pledge of the faith

and credit of the Commonwealth, for the redemption thereof; and the

treasurer of the Commonwealth, under the conditions hereinafter

provided, shall deliver the same to the treasurer of the Troy and

Greenfield Railroad Company for the purpose of enabling the said company

to construct a tunnel and railroad under and through the Hoosac

Mountain, in some place between the "Great Bend" in Deerfield River, in

the town of Florida, at the base of Hoosac Mountain on the east, and the

base of the western side of the mountain, near the east end of the

village of North Adams, on the west.

SECT. 2. Whenever it shall be made to appear to the satisfaction of the

governor and council, that the Troy and Greenfield Railroad Company

shall have obtained subscriptions to their corporate stock, in the sum

of six hundred thousand dollars, and twenty per cent. on each and every

share of said six hundred thousand dollars shall have been actually paid

in, and shall have completed seven miles of their said railroad, in one

or two sections, and one thousand lineal feet of their said tunnel under

the Hoosac, in one or more sections, of size sufficient for one or more

railroad tracks, a portion of said scrip, to the amount of one hundred

thousand dollars, shall be delivered to the treasurer of said company;

and when said company shall have completed, in one or two sections, ten

miles of their said railroad, and two thousand lineal feet of their said

tunnel, in one or more sections, another portion of said scrip, to the

amount of one hundred thousand dollars, shall be delivered to the

treasurer of said company; and when said company shall have completed

fifteen miles of their said railroad, in one or two sections, and three

thousand lineal feet of their said tunnel, in one or more sections,

another portion of said scrip, amounting to one hundred thousand

dollars, shall be delivered to the treasurer of said company; and when

said company shall have completed twenty miles of their said railroad,

in one or two sections, and four thousand lineal feet of their said

tunnel, in one or more sections, another portion of said scrip,

amounting to one hundred thousand dollars, shall be delivered to the

treasurer of said company; and when said company shall have completed

twenty-five miles of their said railroad, in one or two sections, and

five thousand lineal feet of their said tunnel, in one or more sections,

another portion of said scrip, amounting to one hundred thousand

dollars, shall be delivered to the treasurer of said company; and when

said company shall have completed thirty miles of their said railroad,

in one or two sections, and six thousand lineal feet of their said

tunnel, in one or more sections, another portion of said scrip,

amounting to one hundred thousand dollars, shall be delivered to the

treasurer of said company; and when said company shall have completed

thirty-two miles of their said railroad, in one or two sections,

including all their line to be constructed east of the town of Florida,

and seven thousand lineal feet of their said tunnel, in one or more

sections, another portion of said scrip, amounting to one hundred

thousand dollars, shall be delivered to the treasurer of said company;

and for each additional portion or portions of said tunnel, of fifteen

hundred lineal feet, in one or more directions, completed by said

company, another portion of said scrip, amounting to one hundred

thousand dollars, shall be delivered to the treasurer of said company;

subject, however, to this proviso, that the last two hundred thousand

dollars of said scrip shall be reserved until said company, their

successors or their representatives, have opened said railroad for use

through the Hoosac, and laid a continuous railroad from Greenfield to

the line of the state in Williamstown, when the same shall be delivered:

provided, that prior to the second delivery of scrip to the treasurer of

the Troy and Greenfield Railroad corporation, according to the

provisions of this section, evidence shall be furnished, satisfactory to

the governor and council, that a sum, equal to thirty per cent. of the

amount of the scrip then applied for, shall have been actually paid to

the treasurer of said corporation; in cash, by the stockholders thereof,

in addition to the hundred and twenty thousand dollars to be paid prior

to the delivery of any scrip. And that on each application for scrip, in

pursuance of the provisions of this section, and prior to the delivery

thereof, satisfactory evidence shall be furnished to the governor and

council, that a sum, equal to thirty per cent. of the amount of scrip

then applied for, has been actually paid to the treasurer of said

corporation, until six hundred thousand dollars subscribed for have been

paid by the stockholders. And no scrip shall be delivered till

satisfactory evidence of such payment is, from time to time, furnished

to the governor and council.

SECT. 3. Whenever the treasurer of said company shall receive any of

said scrip, he shall, within three months from the receipt of the same,

pay to the commissioners of the sinking fund, by this act hereafter

established, ten per cent. on the amount of scrip so taken, as a sinking

fund; after the whole of said road is open for us, twenty-five thousand

dollars annually, shall be set apart from the income of said road and

paid to said commissioners, and the whole thereof shall be added to said

sinking fund, and shall be managed, invested and appropriated, as is, or

shall be provided by law, in relation thereto.

SECT. 4. The treasurer of the Commonwealth, the auditor of accounts of

the Commonwealth, and the treasurer of the Troy and Greenfield Railroad

Company for the time being, shall be the commissioners of the sinking

fund of the Troy and Greenfield Railroad Company. The said commissioners

shall have the care and management of all the moneys, funds and

securities at any time belonging to said sinking fund, and shall invest

the same; but the moneys not invested, and all the securities of said

fund, shall be in the custody of the treasurer of said Commonwealth.

SECT. 5. This act shall not take effect until said company, at an annual

meeting, or at a special meeting duly notified for that purpose, shall

have assented to the provisions thereof, and shall have executed to the

Commonwealth a bond, in such form as the attorney-general prescribed on

the issuing of scrip to the Western Railroad Corporation, conditioned,

that the Troy and Greenfield Railroad Company shall comply with the

provisions of this act, and shall faithfully expend the proceeds of said

scrip as herein provided, and shall indemnify and save harmless, the

Commonwealth, from all loss or inconvenience on account of said scrip,

and that said company shall well and truly pay the principal sum of said

scrip, punctually when the same shall become due and payable, or such

part thereof as the sinking fund aforesaid shall be insufficient to pay,

and the interest thereon semi-annually, as the same shall fall due, and

shall also assign to the Commonwealth, by suitable instrument or

instruments, of the same form with that or those prepared by the

attorney-general on the issuing of scrip to the Western Railroad

Corporation, the entire railroad, with its income, and all the franchise

and property to them belonging, the whole thereof to be held by the

Commonwealth as a pledge or mortgage to secure the performance of all

the conditions of said bond: _provided_, _however_, that the

Commonwealth shall not take possession of said pledged or mortgaged

property, or any part thereof, under or by virtue of said mortgage,

unless for some substantial breach of some condition of said bond.

SECT. 6. In addition to the security provided in the preceding section,

the said company shall assign all the interest they now have, or may

hereafter obtained, in the Southern Vermont Railroad Company.

SECT. 7. The Troy and Greenfield Railroad Company are authorized, and at

any time prior to the execution of said mortgage, and within one year

from the passage of this act, to alter the present location of their

road: provided, that the tunnel shall be located and constructed within

the limits prescribed by the first section of this act.

SECT. 8. The time for completing the Troy and Greenfield Railroad is

hereby extended, for the additional term of six years.

SECT. 9. When the Commonwealth shall have advanced to said company, said

bond or scrip to the amount of five hundred thousand dollars, the

legislature may elect two directors of said company, who shall hold

office for the same time, be elected in the same manner, and receive

compensation to the same amount as the state directors of the Western

Railroad Corporation, but neither of them, while holding such office,

shall serve as a director of any other railroad company. [_Approved by

the Governor, April 5, 1854._

[1855.--Chapter 394.]

AN ACT to authorize certain towns in the Counties of Franklin and

Berkshire to subscribe to the Capital Stock of the Troy and Greenfield

Railroad Company.

_Be it enacted, &c._

SECT. 1. That each of the several towns of Ashfield, Buckland, Conway,

Coleraine, Charlemont, Deerfield, Greenfield, Hawley, Heath, Monroe,

Rowe, and Shelburne, in the county of Franklin, and each of the several

towns of Adams, Florida and Williamstown, in the county of Berkshire,

be, and hereby is, authorized to subscribe for and hold shares in the

capital stock of the Troy and Greenfield Railroad Company, to any amount

of money not exceeding three per centum on the amount of its last

valuation: provided, the inhabitants of such town or towns, at a legal

town meeting duly called for that purpose, shall vote by a two-thirds

vote to subscribe for such shares in accordance with the terms of this

act, to pay for the same out of the town treasury, and to hold the same

as town property, subject to the disposition of the town, for public

purposes, in like manner as any other property which it may possess.

SECT. 2. Said towns are hereby authorized to raise, by loans or taxes,

any sums of money which shall be required to pay the instalments on

their respective subscription to said stock and interest thereon.

SECT. 3. This act shall take effect from and after its passage.

[_Approved by the Governor, May 18, 1855._

[1859.--Chapter 117.]

An Act in addition to, an Act authorizing a loan of the State Credit, to

enable the Troy and Greenfield Railroad Company to construct the Hoosac

Tunnel.

_Be it enacted, &c., as follows:_

SECT 1. The terms of the act authorizing a loan of the state credit to

enable the Troy and Greenfield Railroad Company to construct the Hoosac

Tunnel, are hereby modified as follows, viz.:

Whenever it shall be made to appear to the satisfaction of the governor

and council, that the Troy and Greenfield Railroad Company shall have

actually obtained unconditional subscriptions to their corporate stock

in the sum of six hundred thousand dollars, and twenty per cent. on each

and every share of said six hundred thousand dollars shall have been

actually paid in, and shall have completed seven miles of their road, in

one or two sections, and one thousand lineal feet of their said tunnel

under the Hoosac Mountain, in one or more sections, of size sufficient

for one or more railroad tracks, a portion of said scrip, to the amount

of one hundred thousand dollars, shall be delivered to the treasurer of

said company; and whenever said company shall have, excavated, in

addition to the amount of tunnel above provided for, one thousand lineal

feet, in one or more sections, of heading or gallery of fourteen feet

width at the bottom, and six feet in height in the middle, and of

suitable proportion and form, or (if excavated by machinery) circular,

and with a diameter of not less than eight feet, another portion of said

scrip, amounting to fifty thousand dollars, shall be delivered to the

treasurer of said company; and when said company shall have excavated

two thousand feet of their said tunnel, of the size above specified,

another portion of said scrip, amounting to thirty thousand dollars,

shall be delivered as aforesaid; and whenever said company in addition

to said two thousand feet, shall have excavated one thousand lineal feet

of heading, in one or more sections, and of the size above specified,

and shall have graded three miles of road, commencing on the bank of

Green River, at the present location of the crossing of said stream, or

north thereof, and extending towards Shelburne Falls, on the same side

of Green River and Deerfield River as the present location, said three

miles being all situated within four miles of the point of commencement,

another portion of said scrip, amounting to eighty thousand dollars,

shall be delivered as aforesaid; and whenever in addition to the grading

of said three miles as above, said company shall have excavated three

thousand lineal feet of tunnel as above specified, another portion of

said scrip, to the amount of twenty thousand dollars, shall be delivered

as aforesaid; and whenever said company, in addition to the three

thousand feet above specified, shall have excavated, in one or more

sections, one thousand lineal feet of heading, as above specified, and

shall have graded six miles of road in location and otherwise as

aforesaid, said six miles of road being all situate within seven miles

of the point of commencement at Green River, another portion of said

scrip, amounting to eighty thousand dollars, shall be delivered as

aforesaid; and when said company, in addition to the grading of six

miles of road above specified, shall have excavated four thousand feet

of tunnel as above, another portion of said scrip, amounting to twenty

thousand dollars, shall be delivered as aforesaid; and whenever said

company, in addition to the above, shall have excavated, in one or more

sections, one thousand lineal feet of heading as aforesaid, and shall

have graded nine miles of road, in location and otherwise as aforesaid,

between Greenfield and Shelburne Falls, another portion of said scrip,

to the amount of eighty thousand dollars, shall be delivered as

aforesaid; and whenever said company, in addition to the above nine

miles of graded road, shall have excavated five thousand feet of tunnel

as aforesaid, another portion of said scrip, amounting to twenty

thousand dollars, shall be delivered as aforesaid; and whenever said

company shall have excavated, in one or more sections, one thousand

lineal feet of heading as aforesaid, in addition to the five thousand

feet of tunnel above specified, and shall have graded the road between

Greenfield and Shelburne Falls, crossing the Green River upon the

present location, or at a point north thereof, another portion of said

scrip, amounting to eighty thousand dollars, shall be delivered as

aforesaid; and whenever said company, in addition to the grading of the

road between Greenfield and Shelburne Falls as aforesaid, shall have

excavated six thousand feet of tunnel as aforesaid, another portion of

said scrip, amounting to twenty thousand dollars, shall be delivered as

aforesaid; and whenever in addition to the grading and tunnel above

specified, the said company shall have excavated as aforesaid, one

thousand lineal feet of heading, another portion of said scrip, to the

amount of thirty thousand dollars, shall be delivered as aforesaid; and

whenever in addition to the grading above specified, the said company

shall have excavated seven thousand feet of tunnel as aforesaid, another

portion of said scrip, to the amount of twenty thousand dollars, shall

be delivered as aforesaid; and for each additional thousand feet of

heading that shall be excavated of dimensions as aforesaid, another

portion of said scrip, amounting to thirty thousand dollars, shall be

delivered as aforesaid; and for each additional one thousand feet of

tunnel that shall be excavated of dimensions as aforesaid, another

portion of said scrip, amounting to twenty thousand dollars, shall be

delivered as aforesaid; and whenever said company shall have completed

the graduation and superstructure of the road between Greenfield and

Shelburne Falls, on the route herein before specified, and shall have

put the same in running order, another portion of said scrip, to the

amount of forty thousand dollars, shall be delivered as aforesaid; and

whenever said company, in addition to the road between Greenfield and

Shelburne Falls above specified, shall have completed the graduation and

superstructure of two continuous miles of road, commencing at the

western termination of the above road, another portion of said scrip,

amounting to eighty thousand dollars, shall be delivered as aforesaid;

and for the graduation and superstructure of each additional mile of

road, graded and laid continuously through either of the towns of

Buckland, Charlemont, Rowe or Florida, another portion of said scrip,

amounting to twenty thousand dollars, shall be delivered as aforesaid:

_provided_, that when the rails shall have been laid and the road put in

running order, between Greenfield and the east end of the Hoosac Tunnel,

excepting that portion of the road which is to be made from the material

to be furnished by the tunnel itself, another portion of said scrip,

amounting to one hundred thousand dollars, shall be delivered as

aforesaid: and _provided_, _also_, that whenever the aggregate amount of

scrip that shall have been delivered to the treasurer of said company

shall have reached the sum of one million seven hundred thousand

dollars, no further delivery of scrip shall be made until the whole of

the tunnel through the Hoosac Mountain shall have been completed, of

size not less than fourteen feet in width and eighteen feet in height

from the bottom to the top of the excavation, and until the facades of

the said tunnel and such portions as may require arching shall be

finished with good substantial stone or brick masonry, and until the

rails shall have been laid over the whole length of the road, including

the tunnel, and the same constructed in such manner, and the necessary

connections with other roads 80 finished, as will permit the convenient

use of the same in the transportation of passengers and freight between

the cities of Boston and Troy; but when such connections shall have been

made, the tunnel fully completed and the road constructed as herein

before provided, the balance of said scrip, amounting to three hundred

thousand dollars, shall be delivered as aforesaid: and _provided_,

_also_, that until the rails shall have been laid and the road put in

running order between Greenfield and Shelburne Falls, the aggregate

payments under this act shall not exceed one million of dollars: and

_provided_, _also_, that prior to the second delivery of scrip to the

treasurer of the Troy and Greenfield Railroad Corporation, according to

the provisions of this section, evidence shall be furnished,

satisfactory to the governor and council, that a sum equal to thirty per

cent. of the amount of the scrip then applied for, shall have been

actually paid to the treasurer of said corporation, (in cash,) by the

stockholders thereof, in addition to the one hundred and twenty thousand

dollars to be paid prior to the delivery of any scrip, and that on each

application for scrip, in pursuance of the provisions of this section,

and prior to the delivery thereof, satisfactory evidence shall be

furnished to the governor and council that a sum equal to thirty per

cent. of the amount of scrip then' applied for, has been actually paid

to the treasurer of said corporation, until the six hundred thousand

dollars subscribed for shall have been paid by the stockholders; and no

scrip shall be delivered until satisfactory evidence of such payment is,

from time to time, furnished to the governor and council; and provided,

also, no scrip shall be delivered to the treasurer of said corporation

until satisfactory evidence shall be furnished to the governor and

council, that said corporation have expended in a reasonable manner, in

excavating and completing said tunnel, and in grading, constructing and

completing the line of road, a sum at least equal to the amount of all

the preceding issues of scrip.

SECT. 2. The preceding section of this act shall not be so constructed

as necessarily to delay the opening of the road between Greenfield and

Shelburne Falls, until after the completion of six thousand feet of

tunnel; but whenever any portion of not less than three miles of said

road shall have been graded between Greenfield and Shelburne Falls, as

herein before provided, a portion of scrip, amounting to fifty thousand

dollars, shall be delivered to the treasurer of the said company; and in

case such payments shall have been previously made upon the road, the

payments upon the completion of the third, fourth, fifth and sixth

thousand feet of tunnel shall be reduced to thirty thousand dollars for

each thousand feet of heading, and twenty thousand dollars for each

thousand feet of tunnel of the required dimensions; but no portion of

said scrip shall be delivered for any portion of said heading or tunnel,

until the corresponding portion of the road shall have been graded as is

herein before provided.

SECT. 3. Whenever the treasurer of said company shall receive any of

said scrip, he shall offer the scrip, 80 received, to the treasurer of

the Commonwealth for sale; and if the treasurer of the Commonwealth

shall so require, being thereunto authorized by law, the treasurer of

said company shall sell and dispose of the same to the treasurer of the

Commonwealth, at the fair market value thereof, to be determined by the

governor and council. If the treasurer of the Commonwealth shall decide

to buy as aforesaid, then the treasurer of the company shall forthwith

pay, to the commissioners of the sinking fund, ten per cent. on the

amount of the scrip so taken, as a sinking fund. If the treasurer of the

Commonwealth shall decide not to buy, as aforesaid, then the treasurer

of the company, within three months after the receipt of any of said

scrip, shall pay to the commissioners of the sinking fund, ten per cent.

on the amount of the scrip so received, as a sinking fund. After the

whole of said road is open for use, twenty-five thousand dollars

annually, shall be set apart from the income of said road, and paid to

said commissioners; and the whole thereof shall be added to said sinking

fund, and shall be managed; invested and appropriated, as is or shall be

provided by law in relation thereto.

SECT. 4. The preceding sections shall be in lieu of and be substituted

for sections two and three of chapter two hundred and twenty-six of the

acts of the year one thousand eight hundred and fifty-four, and the

second section of said act is hereby repealed.

SECT. 5. The time for completing the Troy and Greenfield Railroad and

Hoosac Tunnel, is hereby extended until December thirty-first, in the

year one thousand eight hundred and sixty-five.

SECT. 6. Subscriptions, the instalments upon which are payable in cash,

or in the scrip of the towns authorized to subscribe to the stock of the

Troy and Greenfield Railroad Company, under the provisions of chapter

three hundred and ninety-four of the acts of the year one thousand eight

hundred and fifty-five, shall be considered as unconditional

subscriptions, in compliance with the requirements of this act; and

payment in the bonds of said towns shall be considered as cash.

SECT. 7. This act shall take effect, whenever said company shall file,

in the office of the secretary of state, a certified copy of any vote or

votes accepting the same, which may be passed at any regular meeting of

the stockholders of said company, or at any meeting specially called for

that purpose.

_Approved March 26, 1859._

[1860.--Chapter 202.]

AN ACT in addition to an Act authorizing a loan of the State Credit to

enable the Troy and Greenfield Railroad Company to construct the Hoosac

Tunnel.

_Be it enacted, &c., as follows:_

SECT. 1. The Troy and Greenfield Railroad Company shall forthwith make

and file in the proper offices a location of their entire road and

tunnel, which location shall be made on that side or sides of the

Deerfield River which will afford the most direct and eligible route

between the village of Shelburne Falls and a suitable terminus in the

town of Deerfield or Greenfield, to be determined by the state engineer

appointed as hereinafter provided.

The grades of any part of the road hereafter to be constructed shall not

exceed forty feet to the mile ascending eastward, and fifty feet to the

mile ascending westward; and the limits of grade and curvature of said

road, included within said location; and not graded, shall be such that

the maximum resistance to the passage of trains, in either direction,

shall not exceed the maximum resistance in the same direction on the

Fitchburg and Vermont and Massachusetts Railroads; and before any

location made by the chief engineer of the Troy and Greenfield Railroad

Company shall be filed, a copy of the alignment and a table of grades,

verified by the oath of said engineer, shall be submitted to a state

engineer appointed as hereinafter provided, who shall certify that the

limits of grade and curvature herein before prescribed have not been

exceeded, and the said table of grades so certified shall be filed with

the location.

SECT. 2. No further deliveries of scrip shall be made to said company

upon the conditions authorized in former acts, but the undelivered

portions of the loan of two millions of dollars authorized by chapter

two hundred and twenty-six of the acts of eighteen hundred and

fifty-four, amounting to one million seven hundred and seventy thousand

dollars, shall be divided and apportioned between the railroad and

tunnel, and for the construction of each, respectively; six hundred and

fifty thousand dollars for the completion of the unfinished portion of

railroad extending from the eastern terminus of said road near

Greenfield to within half a mile of the eastern-end of Hoosac Tunnel,

and one million one hundred and twenty thousand dollars for the

completion of the tunnel, which shall be delivered upon the conditions

and in the manner hereinafter declared, subject however to the

provisions of the third section of chapter one hundred and seventeen of

the acts of eighteen hundred and fifty-nine.

No delivery of any portion of said scrip shall be made until said

company shall, at a special meeting duly authorized for the purpose,

have assented to the provisions of this act, nor until said company

shall have duly made and located their line of road as aforesaid, and

shall have executed to the Commonwealth such further bond and mortgage,

or other assurances of title on their franchise, railroad, or other

property, as the attorney-general shall prescribe, for the further

security of the Commonwealth; and said bond and mortgage, and other

assurances, and all bonds, mortgages, or other assurances heretofore

made to the Commonwealth by said company, shall have priority to and be

preferred before any and all attachments or levies on execution

heretofore or hereafter made.

SECT. 3. The governor and council shall annually appoint a state

engineer for the purpose of examining and determining monthly the amount

and value of the work done, and materials delivered on the railroad and

tunnel of the Troy and Greenfield Railroad Company, who shall receive an

annual salary of one thousand dollars, payable quarterly. The state

engineer shall forthwith fix permanent marks in each end of the Hoosac

Tunnel, marking the progress of the work up to February twenty-fourth,

eighteen hundred and sixty, from which to determine the progress

subsequently made. He shall also determine by suitable notes, marks, or

observations, the amount and value of all grading, bridging, masonry, or

other work done, or iron, or other materials delivered on the road east

of the Hoosac Tunnel prior to December twenty-second, eighteen hundred

and fifty-nine, and fix data from which to determine the value of any

work, or materials delivered subsequent to the date last named. He shall

monthly, immediately after the first day of each month, estimate the

proportion which the work done upon the road, since the preceding

estimate, bears to the whole of the work required to be done in the

graduation, masonry, bridging, and superstructure of said railroad east

of the Hoosac Tunnel, and also the work done in the excavation of said

tunnel, which he shall certify separately to the governor, together with

the amount of state scrip to which the company is entitled under the

provisions of this act. Such monthly estimates shall be based upon a

width of road-bed at grade of fifteen feet, on embankments, seventeen

and a half feet in side-cuts, and twenty feet in thorough-cuts; in the

heading of the tunnel, upon dimensions fourteen feet wide and six feet

high in the middle, and in the finished excavation of the tunnel of

fourteen feet wide and eighteen feet high in the middle.

The deliveries of scrip shall be at the rate of fifty dollars for each

lineal foot of tunnel, divided between heading and full sized tunnel, in

the proportion' of thirty dollars for each lineal foot of heading and

twenty dollars per lineal foot for the remaining excavation; and of six

hundred and fifty thousand dollars for the whole of the graduation,

masonry, bridging and superstructure of the unfinished portion of the

road east of the tunnel.

The scrip shall be delivered on the road in the proportion which the

value of the work done and the materials delivered each month bears to

the estimated cost of the whole work and materials required on the

portion of road aforesaid.

No expenditures shall be required merely for the purposes of ornament,

but the work shall be substantially performed, and the rails shall weigh

not less than fifty-six pounds to the lineal yard; for any defective

materials or work, a proportionate amount of scrip shall be withheld.

The governor and council shall have a general supervision of the work,

and for that purpose shall visit and inspect the same at least once in

each year, and as much oftener as they may deem expedient; and they

shall have power to correct abuses, remedy defects, and enforce

requirements, by withholding scrip or imposing new requirements in such

manner as the interest of the Commonwealth shall in their judgment

require.

If the governor, upon the receipt of the monthly estimates and

certificates of the state engineer, shall approve thereof, he shall

transmit the same and his approval thereon to the state treasurer, and

the state treasurer shall thereupon deliver the amount of scrip so

certified for, to the treasurer of the Troy and Greenfield Railroad

Company, or to his order, subject to the provisions hereafter mentioned.

If he shall not approve thereof he shall submit the same to the council,

and their approval transmitted to the state treasurer as aforesaid shall

authorize such delivery.

SECT. 4. The company shall at least thirty days before any interest on

any state scrip delivered to said company becomes payable, transmit the

amount thereof, with costs of exchange, to the treasurer of the state,

and he shall in all cases and at the charge of said company, pay at

maturity all interest and costs of exchange which become payable on said

scrip where the same is payable; and if said interest and exchange and

all interest and costs thereon, or any payments required to be made into

the sinking fund, or interest thereon, or any part thereof, remain

unpaid when said company becomes entitled to the next delivery of state

scrip, then the state treasurer shall deduct the amount so remaining

unpaid, with all costs and interest thereon, from the amount of scrip

then deliverable.

SECT. 5. The Troy and Greenfield Railroad Company may construct their

railroad across the public highways at grade, in cases where the county

commissioners of the county do not determine such manner of crossing to

be detrimental to the public safety and convenience; but whenever they

do so determine, said company shall construct the same in such manner as

the county commissioners direct.

SECT. 6. The legislature shall immediately after the passage of this

act, elect two directors of the Troy and Greenfield Railroad Company, to

hold their office for one year, or until others are elected by the

legislature; and any city, town or corporation that may subscribe not

less than one hundred thousand dollars, shall have the right to elect

annually one director; and any city that may subscribe not less than

five hundred thousand dollars, shall have the right to elect annually by

their council two directors in said company, which election may be held

at any time after such subscription is made.

SECT. 7. The capital stock of the Troy and Greenfield Railroad Company

shall consist of twenty-five thousand shares of the par value of one

hundred dollars each, in which shall be included all shares heretofore

issued or subscribed for, conditionally or unconditionally, or payable

in work, an accurate account of which shall be made by the company, and

recorded in the records of the directors. And the residue of said

shares, and all shares which may revert to said company, shall be

hereafter issued only at par value, and for cash, or town or city scrip,

or for the bonds of the company.

SECT. 8. The Troy and Greenfield Railroad Company is hereby authorized

and required to purchase the entire road, franchise, stock, bonds, and

other property of the Southern Vermont Railroad Company, together with

the income, benefits and reversion of its lease to the Troy and Boston

Railroad Company, and subject to its provisions, for the sum of two

hundred thousand dollars; and for the purpose of enabling them to make

such purchase, and transfer the same to the Commonwealth as additional

security to the Commonwealth for its whole loan, a further issue and

loan of state Scrip in federal currency; of the description specified in

chapter two hundred and twenty-six, of the acts of the year eighteen

hundred and fifty-four, is hereby authorized to be made, to the amount

of two hundred thousand dollars, deliverable as follows, namely:

Whenever all the capital stock of the Southern Vermont Railroad,

excepting not exceeding twenty shares, of one hundred dollars each, and

one hundred thousand dollars of its mortgage bonds, with coupons

attached, the whole amount being one hundred and fifty thousand dollars,

payable in twenty years from the date of issue, with six per cent.

interest, payable semi-annually at the Bank of Commerce, in the city of

New York, and the aforesaid lease of said company to the Troy and Boston

Railroad Company, together with the rent reserved therein of twelve

thousand dollars per annum, payable semi-annually, shall have been

transferred to the treasurer of the Commonwealth, for the future

security of the Commonwealth for its whole loan of credit to the Troy

and Greenfield Railroad Company, in such manner as the attorney-general

shall prescribe, and to the satisfaction of the governor and council,

the state treasurer shall deliver one hundred and twenty-five thousand

dollars of said scrip to the treasurer of the Troy and Greenfield

Railroad Company; and when the remaining portion of said bonds, with the

coupons attached, shall be in like manner delivered to the state

treasurer, he shall deliver to the treasurer of the Troy and Greenfield

Railroad Company the balance of said scrip, amounting to seventy-five

thousand dollars: _provided_, that if any holders of said bonds, not

exceeding ten thousand dollars in all, shall refuse to surrender the

same at par, the Troy and Greenfield Railroad Company shall not be

required to purchase the same, but the state treasurer shall withhold an

equal amount of state scrip at par in lieu thereof.

The semi-annual payments of the coupons, with the balance of the income

from the lease of the Southern Vermont Railroad, shall be collected by

or paid to the state treasurer, who shall therefrom pay the interest on

the two hundred thousand dollars of five per cent. scrip herein

authorized to be issued, and shall pay the balance to the commissioners

of the sinking fund of the Troy and Greenfield Railroad loan, to be by

them from time to time invested as is now by law required.

The Troy and Greenfield Railroad Company shall, as soon as may be after

the passage of this act, procure from the legislature of the slate of

Vermont the requisite authority for purchasing, holding and mortgaging

to the Commonwealth the franchise, railroad and property of the Southern

Vermont Railroad Company, according to the provisions of this act; and

in case such authority shall not be granted, and any want of security by

reason thereof accrue to the Commonwealth, the governor and council

shall withhold from the Troy and Greenfield Railroad Company portions of

scrip constituting the last deliveries to be made on the completion of

the tunnel, to such amount, not exceeding two hundred thousand dollars,

as may be required for further security.

SECT. 9. All acts and parts of acts inconsistent herewith, are hereby

repealed: _provided_, _however_, that such repeal shall not, and nothing

contained in this act shall, have effect or be construed in anyway to

release or impair any security which the Commonwealth now has or may

hereafter have by force of the bond and mortgage now held by the

Commonwealth on the franchise, railroad and property of the Troy and

Greenfield Railroad Company.

_Approved April 4, 1860._

[1862.--Chapter 156.]

AN ACT providing for the more speedy completion of the Troy and

Greenfield Railroad and Hoosac Tunnel.

_Be it enacted, &c., as follows:_

SECT. 1. The governor, with the advice of the council, is hereby

authorized and directed to appoint three able, impartial and skilful

commissioners to investigate the subject of finishing the Troy and

Greenfield Railroad, and of tunneling the Hoosac Mountain, whose duty it

shall be to report to the governor and council what, in their judgment,

will be the most economical, practical and advantageous method of

completing said road and tunnel, the estimated cost of fitting the same

for use, the time within which the tunnel can be completed, and what

contracts can be effected, and with what parties, for completing said

tunnel and road, and the probable cost of the same, the probable

pecuniary value of the road and tunnel when completed, the sources and

amount of traffic and income, and all other facts in their opinion

useful to assist the governor and council in determining the best method

of securing a continuous railroad communication between Troy and

Greenfield.

SECT. 2. The Troy and Greenfield Railroad Company is hereby authorized

to surrender to the slate, the property now mortgaged; but the right of

redemption shall not be barred until ten years have elapsed after said

road and tunnel are completed and the same open for use. The said

commissioners shall immediately, in the name of the Commonwealth, take

complete possession under the mortgages to the Commonwealth, given by

the Troy and Greenfield Railroad Company, of all property, rights and

interests intended to be conveyed by said mortgages, or either of them,

and then shall, without unnecessary delay, cause the said railroad to be

completed and put into running order, and supplied with suitable depots,

turn-tables and other usual and necessary appliances for the reception

of freight and passenger cars, from the eastern terminus of the Troy and

Greenfield Railroad to the Hoosac Tunnel.

SECT. 3. Said commissioners shall audit and allow all just claims for

labor, service, materials, land-damages incurred after April sixth,

eighteen hundred and sixty, and before July twelfth, eighteen hundred

and sixty-one, in carrying on the work of constructing the Troy and

Greenfield Railroad and Hoosac Tunnel, and may procure the release of

all attachments and discharge all liens on said materials. The accounts

thus audited shall be transmitted to the governor, and, if approved by

the governor and council, the governor is hereby directed to draw his

warrant upon the treasurer in favor of the claimants, for the amounts

thus allowed, to an amount not exceeding one hundred and seventy-five

thousand dollars.

SECT. 4. Said commissioners are hereby authorized, with consent of the

governor and council, to use or run that portion of said road east of

the Hoosac Mountain, or lease the same to the "Vermont and

Massachusetts," the "Fitchburg," the "Troy and Boston Railroad Company,"

or either of them, until the completion of the said tunnel.

SECT. 5. Said commissioners shall have authority, with the approval of

the governor and council, to continue the work on the Hoosac Tunnel, and

by contract or otherwise, to expedite the completion of said tunnel.

SECT. 6. All the net earnings and income derived from said railroad,

including the tunnel, shall be held by the Commonwealth in trust: first,

for the payment and reimbursement of the interest on all loans,

advancements and disbursements of the Commonwealth, on account of said

railroad or tunnel: second, for the payment and reimbursement to all

parties having a legal right thereto.

SECT. 7. The governor is hereby authorized to draw his warrant on the

treasurer of the Commonwealth, for such sums as may be required from

time to time by the commissioners for the purpose of carrying out the

provisions of this act, and the amount of the same is hereby

appropriated therefore; and the treasurer of the Commonwealth is hereby

authorized to issue scrip, or certificates of debts, in the name and in

behalf of the Commonwealth, to an extent sufficient to secure the

required funds, which scrip shall bear such rate of interest, as is

allowed at the time on state scrip issued for other purposes, and shall

be redeemable at the end of thirty years from the date thereof; and he

shall sell or otherwise use the same at his discretion, to procure the

sum necessary to meet the payments in this act provided: provided, that

all expenditures and advances made under and by virtue of this act,

shall be on account, and form part of the two millions of dollars,

authorized to be loaned in state scrip to the Troy and Greenfield

Railroad Company by chapter two hundred and twenty-six of the acts of

eighteen hundred and fifty-four; and said expenditures and advances,

together with all sums hitherto advanced to said company, excepting the

sums advanced on account of the "Southern Vermont Railroad," shall not

exceed in amount the said two millions of dollars. Such changes may be

made in the location and grades of the road, as may be necessary to

improve the same; and no lease shall be made of the portion of the road

east of the tunnel for a term exceeding six years; nor shall such

portion be constructed without the approval of the governor and council.

SECT. 8. All acts and parts of acts inconsistent herewith, are hereby

repealed.

SECT. 9. This act shall take effect upon its passage.

_Approved April 28, 1862._

[1863.--Chapter 214.]

AN ACT in addition to "an Act providing for the more speedy completion

of the Troy and Greenfield Railroad and Hoosac Tunnel."

_Be it enacted, &c., as follows:_

SECT. 1. The commissioners appointed under the one hundred and

fifty-sixth chapter of the acts of eighteen hundred and sixty-two, are

hereby authorized, subject to the advice and approval of the governor

and council, to construct, complete and equip the Troy and Greenfield

Railroad and Hoosac Tunnel; and to make such alterations in the line of

said road as may be deemed necessary to render it suitable and proper

for part of a thorough line from Troy to Boston; also such alterations

in the location and dimensions of said tunnel as will render it suitable

and proper for use, in accordance with the spirit and intent of the two

hundred and twenty-sixth chapter of the acts of eighteen hundred and

fifty-four.

SECT. 2. The governor is hereby authorized to draw his warrant on the

treasurer of the Commonwealth for such sums as may be required from time

to time by said commissioners for the purpose of carrying out the

provisions of this act, and the act or acts to which this is in

addition; and there is accordingly hereby appropriated for the purpose

of constructing and completing said tunnel and railroad and equipping

the the same, and paying interest upon such scrip, as has been or may

be issued during the progress of the work, the unexpended balance of

the two millions of dollars authorized by chapter two hundred and

twenty-six of the acts of the year eighteen hundred and fifty-four, and

referred to in chapter one hundred and fifty-six of the acts of the year

eighteen hundred and sixty-two. And the treasurer of the Commonwealth is

hereby authorized, upon the warrant of the governor drawn as aforesaid,

to issue scrip or certificates of debt to the amount of said

appropriation, which shall be expressed in such currency and shall bear

such rate of interest as the governor and council may direct, and shall

be redeemable at the end of thirty years from the date thereof: and said

treasurer shall sell or otherwise dispose of the same as he may deem

proper, subject to the approval of the governor and council.

SECT. 3. Said commissioners', and their successors in office, shall be

removable by the governor, with the advice of the council, and in case

of any vacancy occasioned by death; resignation or removal, such vacancy

shall be filled by appointment of the governor, with the advice of the

council; and said commissioners shall, once in three months, and oftener

if required, present to the governor and council an account of all

contracts entered into by them as such commissioners, and of all

payments and charges by them made, by virtue of their commission, with

their vouchers therefore, which vouchers and accounts shall be examined,

and if found correct, and in good faith, shall be allowed by the

governor and council; but no lease of any part of said railroad, nor any

contract amounting to more than ten thousand dollars shall be made by

said commissioners without the of the governor and council.

SECT. 4. Said commissioners in altering the location of the line of said

road shall have the same power as railroad corporations have in making

locations under existing laws, and may take, by purchase or otherwise,

such lands, or easements therein, as may be needed for any purposes

connected with the construction of said tunnel, and all titles or

easements so taken shall vest in the Commonwealth; and all parties

aggrieved by any action of said commissioners, under this section, may

have their damages assessed in the manner provided by law for the

assessment of damages against railroad corporations; and all damages so

assessed shall be paid from the treasury of the Commonwealth to the

party entitled thereto, upon the warrant of the governor, drawn pursuant

to the provisions of this act.

SECT. 5. Said commissioners, subject to the approval of the governor and

council, shall have the power to use a part of the money appropriated by

this act, not exceeding fifty thousand dollars, to extinguish any liens

or claims, or rights of redemption which any person or corporation may

have, in order to perfect the title of the Commonwealth to said railroad

and tunnel.

SECT. 6. The contract executed by the Troy and Boston Railroad Company,

on the eighteenth day of February, eighteen hundred and sixty-three, by

the Vermont and Massachusetts Railroad Company on the twentieth day of

said February, and by the Fitchburg Railroad Company on the twenty-third

day of said month, printed on pages eighty-eight to ninety-four,

inclusive, of the report of said commissioners made on the twenty-eighth

day of February, aforesaid, and referred to in the message of the

governor, dated the twelfth day of March, in the year eighteen hundred

and sixty-three, is hereby approved, ratified and confirmed.

SECT. 7. The compensation or said commissioners shall be fixed by the

governor, with the advice of the council; but the compensation of the

chairman of said commissioners shall in no event exceed the sum of five

thousand dollars per annum, nor shall the entire compensation of all of

said commissioners exceed the sum of seven thousand dollars per annum.

_Approved April 29, 1868._

[C.]

_Statement of J. W. Brooks, Esq., Chairman of the Commissioners,

made to the Committee during the session of the Legislature,

1866._

The first Act for loaning the credit of the State to the Troy and

Greenfield Railroad Company, dated April 5, 1854, provides, besides

other conditions, that when seven miles of the road in one or two

sections is completed, and 1,000 feet of the tunnel, in one or more

sections, sufficient for one or more tracks is completed, then $100,000

of scrip shall be delivered to the company.

The size of the tunnel required by this Act is not definitely stated,

nor what proportion of the $100,000 of scrip is loaned on account of the

tunnel.

The Act of April 4, 1860, defines the size the tunnel to be 14 feet wide

and 18 feet high. If this means excavation and not completed tunnel,

then the room required for the ballast and drainage would reduce the

height to about 16 feet above the rails; a size absurdly small enough to

be regarded as certainly not above the minimum intended by the Act. The

same Act provides that $30 per foot shall be allowed on account of

heading, and $20 on account of the enlargement, making $50 per foot for

the completed tunnel; $50,000 of the first advance may therefore be

considered as on account of the first 1,000 feet of completed tunnel,

and the remainder, say $50,000, on account of the road which had been

then completed west of the tunnel.

The second delivery of scrip was on account of the tunnel, and under the

provisions of the' Act of 1859, which provides that $50,000 may be

advanced upon the completion of 1,000 feet of heading. The heading was

done and $49,777.78 delivered October 4, 1859.

The third delivery of scrip was under the provisions of the same Act,

and was on account of grading three miles of road, in detached pieces,

near Greenfield. For this, $50,222.22 was delivered January 3, 1860.

The fourth delivery was under the same Act, and for completing the

second 1,000 feet of tunnel, for which $30,222.22, was delivered March

1, 1860.

An Act changing the terms of the loan was passed April 4, 1860. Section

2 divides the scrip remaining undelivered, as follows: "No further

deliveries of scrip shall be made to said company upon the conditions

authorized in former Acts, but the undelivered portions of the loan of

two millions of dollars authorized by chapter two hundred and twenty-six

of the Acts of eighteen hundred and fifty-four, amounting to one

million seven hundred and seventy thousand dollars, shall be divided and

apportioned between the railroad and tunnel, and for the construction of

each, respectively: 'six hundred and fifty thousand dollars for the

completion of the unfinished portion of railroad extending from the

eastern terminus of said road near Greenfield, to within half a mile of

the eastern end of Hoosac Tunnel."

Section 3 contains the following provisions: "The governor and council

shall annually appoint a state engineer for the purpose of examining and

determining monthly the amount and value of the work done, and materials

delivered on the railroad and tunnel of the Troy and Greenfield Railroad

Company, who shall receive an annual salary of one thousand dollars,

payable quarterly. The state engineer shall forthwith fix permanent

marks in each end of the Hoosac Tunnel, marking the progress of the work

up to February twenty-fourth, eighteen hundred and sixty, from which to

determine the progress subsequently made. He shall also determine by

suitable notes, marks or observations, the amount and value of all

grading, bridging, masonry, or other work done, or iron, or other

materials delivered on the road east of the Hoosac Tunnel, prior to

December twenty-second, eighteen hundred and fifty-nine, and fix data

from which to determine the value of any work, or materials delivered

subsequent to the date last named. He shall monthly, immediately after

the first day of each month, estimate the proportion which' the work

done upon the road, since the preceding estimate, bears to the whole of

the work required to be done in the graduation, masonry, bridging, and

superstructure of said railroad east of the Hoosac Tunnel; and also the

work done in the excavation of said tunnel, which he shall certify

separately to the governor, together with the amount of state scrip to

which the company is entitled under the provisions of this Act. Such

monthly estimates shall be based upon a width of road-bed at grade of

fifteen feet, on embankments, seventeen and a half feet in side cuts,

and twenty feet in through cuts; in the heading of the tunnel upon

dimensions fourteen feet wide and six feet high in the middle, and in

the finished excavation of the tunnel of fourteen feet wide and eighteen

feet high in the middle.

"The deliveries of scrip shall be at the rate of fifty dollars for each

lineal foot of tunnel, divided between heading and full-sized tunnel, in

the proportion of thirty dollars for each lineal foot of heading and

twenty dollars per lineal foot for the remaining excavation; and of six

hundred and fifty thousand dollars for the whole of the graduation,

masonry, bridging, and superstructure of the unfinished portion of the

road east of the tunnel.

"The Scrip shall be delivered on the road in the proportion which the

value of the work done and the materials delivered each month bears to

the estimated cost of the whole work and materials required on the

portion of road aforesaid.

"No expenditures shall be required merely for the purposes of ornament,

but the work shall be substantially performed, and the rails shall weigh

not less than fifty-six pounds to the lineal yard; for any defective

materials or work, a proportionate amount of scrip shall be withheld.

"The governor and council shall have a general supervision of the work,

and for that purpose shall visit and inspect the same at least once in

each year, and as much oftener as they may deem expedient; and they

shall have power to correct abuses, remedy defects, and enforce

requirements, by withholding scrip or imposing new requirements in such

manner as the interest of the Commonwealth shall in their judgment

require."

Under the provisions of this Act scrip to the amount of $455,034.70 has

been delivered on account of the railroad and $40,131.95 on account of

the tunnel.

State scrip was delivered in sterling up to and including the delivery

of March 7, 1861, and afterwards in dollar bonds. In this statement the

sterling is changed into dollars, to show it all in one currency, and

the pound sterling is reckoned, as by the State treasurer when the

deliveries were made, at $4.44-44/100.

The certificates for amounts due on account of the railroad or tunnel

were for irregular sums, and the scrip delivered was in round amounts;

the fractional difference sometimes in excess and sometimes below the

amount of the certificates is divided between the tunnel and railroad in

proportion to the amount due on account of each.

Stated and divided as above, the scrip which has been delivered on

account of the railroad and tunnel, is as follows:--

=========================================================================

| | On account | On account of|

Date. | On account | of road west| road of east | Total.

| of Tunnel. | of Tunnel.| of Tunnel. |

------------------+------------+-------------+--------------+------------

1858, October, 6, | $50,000 00 | $50,000 00 | - | $100,000 00

1859, October 4, | 49,777 78 | - | - | 49,777 78

1860, January 3, | - | - | $50,222 22 | 50,222 22

1860, March 1, | 80,222 22 | - | - | 80,222 22

1860, October 8, | 15,829 79 | - | 64,170 21 | 80,000 00

1860, Dec. 12, | 5,580 37 | - | 112,197 40 | 117,777 77

1861, January 5, | 2,781 99 | - | 30,601 34 | 38,883 83

1861, February 18,| 2,545 83 | - | 23,281 95 | 25,777 78

1861, March 7, | 2,052 82 | - | 19,724 95 | 21,777 77

1861, May 8, | 5,061 65 | - | 80,438 35 | 85,500 00

1861, June 27, | 2,831 89 | - | 84,668 11 | 37,500 00

1861, July 12, | 3,497 61 | - | 90,002 39 | 93,500 00

+------------+-------------+--------------+------------

|$170,131 95 | $50,000 00 | $505,256 92 | $125,388 87

=========================================================================

The amount of State scrip which according to statutes, had been earned

by the progress made towards constructing the tunnel before the

surrender of the property to the State, may be stated as follows:--

Strictly considered, no portion of the tunnel at the East End was cut to

the required size of 14 feet wide and 18 feet high, much of it was less

than 12 feet wide, and some of it only about 13 feet high. At the

entrance the excavation was so nearly sufficient that only a small

amount more was required to bring it to full size, and had all the rest

been well done, a not very exacting inspector might have passed 25 feet

of this as completed. The remaining 2,964 feet of penetration at this

end could form no ground whatever for a claim as completed work.

At the West Shaft the heading had been driven in both directions 56-1/2

feet.

At the West End the total penetration had been 543 feet. Of this

distance 26 feet had been arched with stone--40 feet is in rock,

standing without support, and 477 feet is temporarily supported with

timbers. Under the assumption that the 40 feet left unsupported is safe

enough to be left permanently 80, then 66 feet was completed at this

end, giving at all points a total penetration of 3,588-1/2 feet, of

which, 91 feet was completed.

It is clear that the payment of $50,000, under the Act of April 5, 1854,

for 1,000 feet of completed tunnel, was not earned.

Under the Act of 1859, scrip to the amount of $50,000 was to be

delivered upon the completion of 1,000 feet of heading, and though the

prior conditions of this Act had not been complied with, this amount may

fairly be considered as having been earned.

The next payment of $30,222.22 for the completion of the second 1,000

feet of tunnel was clearly not earned.

All subsequent payments were made under the Act of April 4, 1860,

providing for the payment of $30 per foot for heading and $20 per foot

for the enlargement.

Report of the Hoosac Tunnel and Troy and Greenfield Railroad, by the Joint Standing Committee of 1866. · 第 48 / 51 题