Record and brief — The Sheffield and Birmingham Coal, Iron and Railway Company, Appellant, vs. Gordon, Strobel and Laureau (Limited), Composed of Frederick W. Gordon, Victor O. Strobel, Lewis S. Laureau, and Thomas G. Boyle

Supreme Court brief1892

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RECORD, CASE No. 14,142.

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1892.

Term No., £24 a

—— —

THE SHEFFIELD AND BIRMINGHAM COAL, IRON AND

hg RAILWAY COMPANY, APPELLANT,

US.

GORDON, STROBEL AND LAUREAU (LIMITED), COMPOSED

OF FREDERICK W. GORDON, VICTOR O. STROBEL,

LEWIS 8. LAUREAU, AND THOMAS G. BOYLE.

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR

THE NORTHERN DISTRICT OF ALABAMA.

FILED SEPTEMBER 11, 1890.

tECORD, CASE No. 14,142.

SUPREME COURT OF THE UNTPED STATES,

OCTOBER TERM, 1897.

TrERM No., 424.

THE SHEFFIELD AND BIRMINGHAM COAL, IRON AND

RAILWAY COMPANY, APPELLANT,

GORDON, STROBEL AND LAUREAU (LIMITED), COMPOSED

OF FREDERICK W. pico VICPOR O. STROBEL,

LEWIS 8. LAUREAU, AND THOMAS G. BOYLE.

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR

THE NORTHERN DISTRICT OF ALABAMA.

INDEX.

Original. Print

intervening petition......... ...-.

Exhibit “A B’’—Contract — ._... -

‘ $C D”’—Claim and affidavit ......

BPRS OF POI O0 a intnne <5 ww os cnn 46a aeons

Order granting leave to intervene and appointing special

Answer to petition EOE er FORO a Ee

Amended answer to petition. -------~-- ..--

Order denying leave to file ame S|

Amendment of answer to petition. ------.

A ffid: auvit of KE noc ‘h Ke nsle Yo wm wm mme 22 oe eee coe wene

Stipulation extending time to hear exceptions ._.- -

Jupp & DerweiLter, Prinrers, WASHINGTON, D. C., OcroBEeR 22,

IJ

INDEX.

report of special Phy 4 sus ass a-sialon Gini ne SGN vise “alas be tbs ww Nl NPA le lee EE TIO

Statement of acceunt siti de adalat naicth mcbdhe cabahrat, sa-davalde xcs nominee

Exceptions to report « special PES ac. nkinaiiwuinvn vcian oie ia — ai a

Decree, filed June 26, 1890 te a dares, Naseer Nes Siete ‘ ie _ eo

Order amending decic: spsldcis dace aaivarbai 4 Daetaidale sisi alerts

Evidence before the special master..2.--.2-----. ---- g ar a

Specifications ui biniesactimnaatite ates wicca, inatiaaadicn: so -aldae ne neraae

Beeemony of James CC. GRY. ..o5 ones consnn ros eee ee A

Mxhibits— Letters . aia eon

Testimony of Jnmes C, Grras Cre illed ) us PA os cide -caitled cael

I ae i i el

Telegram from Cole to Gordon ef al., August 17, [888-2 _--- vais

Exhibit No. 1 (Gray ;—Letter, Doud, superintendent, to Gordon

etal., August 18, 1888.

Letter, Cole to Gordon, August 18, 1888_-

Testimony of F. W. Gordon (recalled) -_... --2. ~~~

George A. Rowell

D. A. Blakey

Se

Major Edward Dowd ..... ..... --...

A

Ia es

J. G. Chamberlain (reenlled) .... -__-

J. G. Chamberlain —_

\

ee TLE A OEE

Alexander Macliiwain .... ...... -...

Henry C. Brown. _--- PRN ORE SERN

Alexander H. McIlwaine (reealled)__-

James H. Partlow _.

James Murphy-

Fred. Massey ._.

-_— -_- —— oe oo -—

_—_——— eee me ee oe

—— ee ee —

Fred. Massey { recalled) a a alae ial a aa

James H, Murphy (recalled) -.-.----

R. H. Hammond -

George Lyell. ---

William S. Jones

Charles H. Mann

Henry B. Tompkins (reealled)_.----- -

D. A. Tompkins

Extract from decree of foreclosure and sale

Petition for appeal and supersedeas -_..

Order allowing appeal -.-.. --..----..-

Bupersedens bond .. ...-... ...... .....

oF eee

Clerk’s certificate... _.__-. ._ seca ha

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Original

41

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24

As

S. & B. COAL, IRON & RAILWAY CO. VS. G. STROBEL ET AUL., ETC. 1

1 To the honorable judges of the circuit court of the United

States, sitting at Huntsville, for the northern division of

the northern district of the State of Alabama :

Frederick W. Gordon, Victor O. Strobel, Lewis G. Laureau, and

Thomas G. Boyle, citizens of and residing 1n the State of Pennsyl-

vania, parties under the firm name of Gordon, Strobel & Laureau,

Limited, bring this their petition against the Central Trust Company

of New York, a corporation organized and existing unde the laws of

the State of New York, having its domicil or principal place of busi-

ness In the city of New York; the Sheffield & Birmingham Coal,

Tron & Railway Company, a corporation organized and existing

under the laws of the State of Alabama, having its domicil or prin-

cipal place of business in the city of Sheffield, in the northern

division of the northern district of the State of Alabama; Charles D.

Woodsor, and Jacob G. Chamberlain, citizens of the State of Ala-

bama, residing in said division and district, and thereupon your

petitioners, complaining, say:

1. That heretofore, on the 9th day of January, 1889, the said Cen-

tral Trust Company filed in this court its original bill of complaint

against said Sheffield and Birmingham Coal, lron and Railway

Company and said Charles D. Woodson, which is yet pending and

undetermined. In and by said bill it is alleged, among other

things, that on or about the 2nd day of January, 1888, the said

coal, iron and railway company made and executed its deed of

trust and mortgage, wherein and whereby was conveyed to said

trust company, with other property in said deed of trust and mort-

gage described, three iron coke blast furnaceson the south bank of the

Tennessee riverat Sheffield, in Colbertcouniy, in theState of Alabama,

which, as is, in said deed recited, were then being constructed by said

coal, iron and railway company at a cost of five hundred and sixty-

four thousand dollars (564,000), paid to the contractors, which said

furnaces were situated ona certain tract or parcel of land in said

deed particularly described, containing fifty acres, a copy of

2 which deed of trust and mortgage is exhibited with said

original bill marked “ Exhibit A,” and in and by said bill it

is further alleged that said deed of trust and mortgage were executed

to secure the payment of one million of dollars of bonds made by

the said mortgagor, said Sheffield and Birmingham Coal, [Tron and

Railway Company, on or about the 2nd day of January, 1888, which

said bonds were thereafter negotiated and sold by the said company

to the amount of nine hundred and eighty-seven thousand dollars

in the payment of the interest thereon due and payable on the first

day of January, 1889, the said mortgage had made and remained in

default, whereby the conditions of the said deed of trust and mort-

gage were broken. |

2 In and by said bill it is further alleged that on or about the

Ist day of June, 1888, the said Shettield and Birmingham Coal, Iron

and Railway Company made and executed to the complainant, said

Central Trust Company of New York, a certain other deed of trust

1—424

2 THE SHEFFIELD & BIRMINGHAM COAL, TRON & RAILWAY

and mortgage, wherein and whereby was conveyed the furnaces

aforesaid and the lands whereon said furnaces are situate, with other

property & rights of properties, to secure the payment of ofour hun-

dred thousand dollars of bonds made by said mortgagor, a copy of

which deed of trust and mortgage is exhibited with said bill, marked

“Exhibit BY’ and the said bonds for which said deed of trust and

mortgage purports to be a security, were, it Is In and by said bill

alleged, negotiated and sold by said mortgagor; and it is further in

and by said bill alleged that said Sheffield and birmingham Coal,

Tron and Railway Company on the Ist day of January, 1839, made

and remained in default in payment of the interest due and paya-

ble on said bonds, whereby the conditions of said deed of trust and

mortgage became and were broken.

The prayer of said bill, among other things, is for the appoint-

me st of a receiver or receivers “to take possession of all and singu-

lar the said mortgaged property, with the usual powers of receivers

in such cases, with power to manage and operate the said raiiroad

and other property therein deseribed, and all its earnings and in-

crease during the pendency of this suit, and with such

o powers as to this court shall seem right and proper.” In

sald bill,the said Shefhield and Birmingham Coal, Iron and

Railway Company and said Charles D. Woodson, as a holder of the

bonds aforesaid of said company, are made parties defendant.

4. On the 12th day of January, 1889, on the presentment of said

bill to Hon. Don A. Pardee, the eircuit judge of this district, in

vacation, and order was made on said bill that the defendant, said

Jacob G. Chamberlain, be appointed receiver of all and singular the

property mentioned and deseribed in the said deeds of trust and>

mortgage; that he give bond for the faithful performance of his

duties as receiver, and that he take possession of all said property,

subject to the further order of the court; which said order was filed

in this court on the loth January, 1889, and said defendant Cham-

berlain, as such receiver, gave bond with surety, approved by the

clerk of this court, with condition for the faithful performance of

his duties as receiver,and as such receiver said defendant has taken

possession and now holds possession of all said) property, including

said three blast furnaces and said sIXtv acres of Jand.

5. Your petitioners further show that on the 9th dav of February,

i887, they proposed in writing to the Alabama and Tennessee Coal

and Tron eg a corporation then existing, organized under

the laws of the State of Tennessee, having and holding in fee simple

the sixty acres of land, hereinbefore referred to, on which said three

blast furnaces are situate, to construct said three blast furnaces

according to specifications in said writing particularly stated for

the sum of five hundred and sixty-four thousand dollars; which

proposition was accepted in writing by said company and thereby

became a contract by and between your petitioners and said com-

pany. A copy of said contract is herewith filed, marked A B,and

prayed to be taken as part of this bill.

6. By the said contract your petitioners agreed to furnish the

material and construct said three blast furnaces according to the

CO. Vs. GORDON STROBEL ET AlL., ETC. 3

specifications therein stated for the sum of five hundred and

sixty-four thousand dollars, the work to be done in a good

4 and workmanlike manner and of suitable material, each

part being adequate In design, strength, capacity, and work-

manship for the purpose for which it is intended.

And in and by said contract it was and is stipulated and agreed

that the superintendent of said company should, while the work of

furnishing the material and constructing the said furnaces was

being done, every two weeks pass upon the said work, and if the said

work was done to the satisfaction of said, superintendent 1 should

be a final acceptance thereof, so far as done, by said company.

While said work was being done payments were to be made your

petitioners by said company on a_ basis of ninety per cent. of the

value of all material delivered and of all work done, the valuation

of said materials being estimated at said furnaces, except the blow-

Ing engines, the valuation whereof was to be made aecording to

their advancement In construction at the shops; so that during the

construction of the said furnaces it was estimated tnat there would

be paid to your petitioners the sum of five hundred and seven thou-

sand six hundred dollars, leaving due to them on the completion

of said work fifty-six thousand four hundred dollars, which was. to

be paid as follows: Six thousand four hundred dollars within thirty

days and fifty thousand dollars in the three notes of said company.

each for the sum of sixteen thousand six hundred and sixty-six

fo) dollars, and each bearing Interest at tle rate of six per cent.

per annuin, one of said notes being payable at four months, one at

eight, and one at twelve months, and payment of all of said notes

to be secured by the first-mortgage bonds of said company.

And in and by said contract it is stated that the estimate- therein

made were by your petitioners based on a freight rate of 155 cents

per LOO Ibs. from Cincinnati to oe site of construction, and this rate

of freight was by said compan) guaranteed and so made good to

vour petitioners.

7. And in and by said writing vour petitioners proposed for an

additional remuneration of twenty thousand dollars, in the

Oo event ore and coke of certain qualities were furnished them,

to guarantee a certain produet of and from said furnaces,

but this proposal was not accepted by said company, and in the

event of its non-acceptance it Is In said writing stated that it will

be the duty of your petitioners to give each of said furnaces, as put

in blast, personal attention, supervising their operation and attain-

ing as perfect an action and as high a duty as your petitioners

could.

8. Your petitioners further state that they were engaged in the

construction of said furnaces under said contract on the 2nd d: ay of

January, 1888, when the deed of trast and mortgage aforesaid of

that date were by the defendant The Sheffield and Birmingham Coal,

Iron and Railway Company exeented to the defendant The Cen-

tral Trust Company vy of New York, and the three iron coke blast

furnaces in said mortgage mentioned as being constructed by the

said coal, iron and railway company at a cost of five hundred and

4 THE SHEFFIELD) & BIRMINGHAM COAL, IRON & RAILWAY

sixty-four thousand dollars, payable to the contractors, were the said

furnaces so being constructed by your pevuoners

And your petitioners further state that ln pursuance of sald con-

tract, and according to the specifications there: ntalned, thev con-

structed said work, furnishing all materials which they were bound

Lo furnish, the work be! pon every two weeks by said

superintendent of said Alabama and Tennessee Coal and Iron Com-

pany mntil the consolidation and merger of said ¢ MNnpany mn the

Sheflield and Birmingham Coal, Iron and Ratlway Company, as

hereinbefore stated, and t } passed upol the

superintendent of said Jas “Named C 2eS8 | my Gye \ iWOo Wee ks until the

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final cOomMpiel 1QOn thereof. And Was DOV Sal d SUE Htendent Jound to

} ’ . ‘ . . . ¥ 7 } | ae

be done to his satisfaction and was by liim= acc ied, and the con-

struction of said three furnaces were bv vour petitioners completed

= — , . , . : 4 : ’

according to said contract and the specifications therein contained

’ ‘ . } °

s a ‘} y } { }

Ol) the Sth Gav of August. 1sSSs.

Ee 1} peat EE eae eee eee

And after Ggeaucuing aii pavinehnts Made to \ ir petitioners there

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Was then owlbg to them for work ana lab gone and verlorme¢

and INnaterials furnished under sald @orutrac: tie Sum of hiftv-

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t) nine thousand one hundred and eighteen -1-, Ine! luding

. . > . . > } } ° 4 16 3a. .

therein nine thousand six hundred and « lQuteen ya9g fone

belo {| ya EeBW (Ose if fost t vias 7 a +> 3 , 47) . ; . we’ > >]

Pea di 6UT VTAULTSS UI TICIVIlt Whlileh Vou} TLE LITO RSX Hyped lec

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to pay for the transportation of materials, engines, &e¢., from Cin

-ererty ¢ ! i . ¢ (a Zee ee

lnnatll to the site of coustruetion of: said urnaces OVE) and ab Ve

and ninety-lour 2°. q Ilars for ext

furnaces by your petitioners at the instance and request of said

SheMeid and Birmingham Coal, Iron and Railway Company, mak-

Ing the aggregate due to your petitioners sixty thousand three hun-

3. And yout petitioners further state that while they were engaged

constructing said furnaces under said eontraet on or - ut the

Zot Gay of August, S87, the said Alabama and Tennessee Coal

and From Company, by procec hit ngs had under a special act of the

Greneral Asse mbly of the State Of Alabama, approve: d the 28th di ay

of Feb’y, 1887, became consolidated with and merged into the said

; ani

Sheffield aud Birm ugham Coal, Tron and Railway Company, and

, P bs = } ° ' . } ¥ ie zs sa ip 4.

3 rmingham Coal, Iron and Railway Com-

pas V, and the said Sheffield and Birmingham Coal, fron and Railway

Compan rerevy mioreaiied to all the property, right of property,

WPanenises, rights,and privileges, and became subject to all the eon-

“fc r cy?) , rie } es ; ’ : ee Se. . , , ] Te

Lracts, engagements, dedts, and liabilities of said Alabama and Len-

nessee Coal and dron Company, and thereafter all the work done

\

wud performed and materials furnished by your petitioners under

sad Coneract Tor the construction pe said three furnaces were done,

performed, and furnished for said Sheffield and Birmingham ¢ ‘oal,

frou ard Railway Company, and om eee work was finally and fully

done and performed, passed upon, and accept ted by the superin-

_

tendent of said company on the sth day of August, 1888; and,asis

CO. V8. GORDON STROBEL ET AL., ETC. 3D

hereinbefore stated, there was then owing to petitioners because of

the said work and labor so done and performed and materials fur-

nished and because of the said excess of freiglts the aggregate

7 sum of fiftv-nine thousand nine hundred and thirty-two ,%%

dollars (859,932.69).

10. On the Sth. day of September, 1888, by letter addressed

to said company and delivered to its president and vice-president

and general manager, petitioners requested said company to pay

nine thousand nine hundred and thirty-two 399° dollars of said sum

of fiftv-nine thousand nine hundred and thirty-two 6% dollars, and

for the remaining fifty thousand dollars to make their three several

promissory notes, each forthe payment of sixteen thousand six hun-

dred and sixty-six 5°,8; dollars, bearing interest at the rate of six per

cent., one payable at four, one payable at eight,and one payable at

twelve months, secured by the first-mortgage bonds of said company,

but said company refused compliance with said request and refused

to keep and perform said contract on their part.

11. And petitioners furthersay that said furnaces were designated

by said company as furnace “A,” furnace “ B.” furnace “C,” thereby

distinguishing them severally and respectively.

Prior to August 8th, 1888, petitioners gave = rsonal attention to

the putting in blast the furnace designated “ A,” and thereafter, on

or about September ath, petitioners Fave sein attention to the

putting in blast the furnace designated as furnace " B.” and_ peti-

tioners supervised the operation of the sald furnaces, attaining for

them a perfect action and as high a duty as they could, and on the

oth September, 1555, petitioners not tified said company that so soon

as furnace | ‘B” was putin blast they would be ready to give per-

sonal attention to the putting in blast furnace “C,” and to super-

vise the same, and would expect said company to go on with the

work, but the said company refused to put said furnace in blast or

to designate any time for putting the same in blast, and has not

designated any time for putting the same in blast or afforded your

petitioners the opportunity of glV Ing bersoha il attention tothe same.

Petitioners state that under and pursuant. to the statutes of

the State of Alabama they havea Nen on the said furnaces, the

fixtures, machinery, engines, boilers, thereto attached and

§ belonging, and the land on which they are situate to the ex-

tent of one acre, the said 'and not being in a city, town, or

Village, for the payment of the said balance due and owlng them of

SIXty ’ thousand three hundred and twelve CL dollars, with the ae-

crulng interest thereon, in preference to an d priority over the mort-

eave donde of trast to said Central Trust Company in the said origi-

i bill mentioned; and your petitioners further state that on the

sth dav of January, 1880, they filed In the ofice of the judge of

probate of the county of Colbert, in ts State of Alal ama, In which

county said furnaces and land are situate, their claim of such lien,

containing a description of the property on which such lien 1s

claimed, with a statement in writing verified by the oath of James

C. Gray, and agent of petitioners, having knowledge of the facts,

containing a just and true account of the demand of petitioners

6 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

after all just credits had been given. A copy of the claim and

statement so filed in the office of said probate Judge is herewith

filed and marked C D and prayed to be taken as part of this peti-

tion. In and by said elaim it isshown and such is the fact that the

land on whieb said furnaces, with the fixtures, machinery, engines,

and boilers thereto attached and belonging, are situate Is not In a city,

town, or village, and exceeds in area one acre; and it is in and by

suid statement shown that petitioners selected one acre of said land

in said claim particularly deseribed as subjeet to the lien, and for

the description of said one aere reference is here now made to the

copy of said claim filed, marked Exhibit C D.

Wherefore petitioners pray that this petition may be filed in said

cause pending in this court wherein said Central Trust Company

of New York is complainant and said Shefheld and Birmingham

Coal, Iron and Railway Company and said Charles D. Woodson

are defendants,and that notice thereof may be given said complainant

and said defendants and said Jacob G. Chamberlain, receiver as

aforesaid,

That for the protection and inforeement of their rights peti-

v tioners may be permitted by the order of the court to Intervene

in said cause ; that the court will inquire into, ascertain, estab-

lish, and enforee their lien as herein stated in and on said furnaces,

the fixtures, engines, machinery, and boilers thereto attached and

belonging, and on the said one acre of land on which the same are

situate, and for all such other and further relief as the case may re-

quire. |

BRICKELL ann HARRIS,

Solicitors for Petitioners.

10 Gordon, Strobel & Laureau, L’d, Philada., Pa.

(Copy.)

NASHVILLE, Tenn., Keb’y 9th, 1887.

Ala. & Tenn. C. & IT. Co., Nashville, Tenn.

Dear Stirs: We hereby submit you specifications for the con-

struction of three blast furnaces, with the following drawings:

Blast-furnace sectlon—

sosh cooling plates.

Tuyere stocks.

Down comer details.

Hoist-tower.

Blowing-engine section—

Air valves.

Steam valves. .

Hot-blast stove elevation and secticn—

Top brick-work & details.

Bottom brick ml

Hot-blast valve.

Cold-blast valve.

Salts 6 3 i aaa i MIB

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CO. VS. GORDON STNOBEL ET AI.., ETC.

Chimney valve.

Gas-inlet valve.

Gseneral arrangement.

These drawings are to serve as illustrations of the construction of

the plants and in connection we submit specifications of the follow-

ing:

Blast furnaces.

lire-brick stoves.

Blowing engines.

Casting-houses.

Boilers.

Stock-house, charging barrows, engine-house, feed-pumps, heaters,

river pumps, dry well, tanks, hoist-tower, hoist-engines, hot-blast

main, cold-blast main, sewers, flues, reservoir, foundations, miscel-

Janeous.

In comphance with these specifications we will furnish all the

material and construct for vou three blast furnaces on a

il suitable location in Sheffield, Ala., to be selected by you; all

work to be done in good and workmanlike manner and cof

suitable material, and each part to be adequate in design, strength,

capacity, and workmanship for the purpose to which it is in-

tended, for the sum of 8564.000.00.

Your sup’t shall pass upon the work every two weeks, and if to

his satisfaction it shall be a final acceptance by you so far as done.

But if not in compliance with the contract and to his satisfaction as

to quality of material or character of workmanship, we agree to make

It so as rapidly as possible.

This price includes all patent licenses for devices embraced in

the construction. We have estimated on making red brick and

quarrying some of the stone on the side, and in aecepting this

proposition you grant us adequate privileges at such points as will

not injure the property. These specifications intend to embrace a

description of the entire plant, with the exceptions noted, and we

agree to finish one of these furnaces in 15 months from date of con-

tract, the second in 15 months, and the entire plant in 17 months ;

provided we are not actually or seriously detained by the want of

proper railroad connections to the site. These will be needed very

soon for the delivery of foundation materials and the machinery

needed in the construction of these foundations.

If within 30 days “the railroad connection to the site” is made,

we will claim no detention. Otherwise all time thereafter and uniil

the time such connection is made shall be added to the 138, 15, &

17 months herein specified for the completion of the furnaces sev-

erally.

We have based our estimates on a freight rate of 155 ets. per 100

Ibs from Cincinnati, O., to the site of construction, which rate Is to

be guaranteed and made good by you.

Payments to be made on the 15th of each month, on a basis of

90 % of the value of all the materials delievered and the value of the

work executed thereon on the ground, except the blowing engines,

THE SHEFFIELD & BIRMINGHAM COAL, TRON & RAILWAY

upon which 90 % valuation is to be made, according to their

12 advancement in the shop, making the total cash payments

during the progress of the work $507,600 and $6,400 within

30 days after the full completion of the contract and the $00,000

balance in the company’s paper at 4, 8, & 12 months, each note be- |

ing for $16,666.66, bearing interest at 6 % per annum from their

dates. These notes are to be secured by the first-mortgage bonds of a

the Co. of equal amounts.

We further propose for an additional remuneration of $20,000 to

supervise the blowing in of one furnace, and will guarantee that it

shall make a product of 4,200 gross tons of 2,240 Ibs. each during 30

consecutive days, provided the ores are brown hematite and contain

50% metallic iron.

Or we will guarantee a product of 5,600 tons in 50 consecutive

days if you provide the same character of ores containing only 40%

metallic iron, and a product between 4,200 and 5,600 tons In pro-

portion to the percentage of iron in the ores between 50% & 40%.

The percentage of metallic iron in the ores is to be determined by

the consumption of ore compared to the product of pig-iron. ‘The

foreign earths in the limestone are not to exceed 53% and the coke

to be equal to that manufactured by the Pratt C. & I. Co. made from

their run of the mines. The ore must be of fairly even character,

being mined with care.

If any question arises as to the quality of the coke you are to

suppiy properly made coke from the Pratt run of the mines. f

Neither are the monies remaining in: your hands, after paying us

90% of the contract price, nor the additional $20,000 shall become

due until a product as specified has been attained, but when it is

attained then you are to pay us the full amount, viz., $76,400 in

money and notes, as above stated, immediately upon the completion

of the plant, if not then done.

The latter proposition, given asa guarantee of the performance

of one furnace. is to establish the merits of said furnaces as to product,

and will be left open for your acceptance for six months after sign-

ing the former proposition. If you do not accept the latter

13 proposition we shall give each of the three farnaces as put in

blast our personal attention, supervising their operation and

attain for you as perfect an action and as high a duty as we can

which shall be considered our duty as a part of our first proposi-

tion.

(Signed ) GORDON, STROBEL & LAUREAU,

LIMITED.

Signed in duplicate.

(Approved.)

FRED. W. GORDON, Chairman.

VICTOR O. STROBEL, Treasurer.

The Alabama & ‘Tenn. Coal & Tron Co. aecept this proposition

with the distinct understanding that the condition and terms of

CO. VS. GORDON STROBEL ET AL., ETC. 9

guaranty of production remain open for our decision and acceptance

for six months.

(Signed) ALA. & TENN. C. & I. CO.

A. 8. COLLYER, Pres'’t.

J. B. KILLEBREW, Sec’t’'y. [seat]

Eexuipir “A B.”

14. =Ss- The Sheffield and Birmingham Coal, Iron and Railway Com-

pany, successors tothe Alabama and ‘Tennessee Coal and Iron

Company, to Gordon, Strobel and Laureau, Limited, Dr.

‘To total contract amount -.-....-------~- $564.000 O00

‘“ freight excess payments as per I5de.

etauee im contract... ona <casseneann 9,618 16

ce

extra material furnished Sept. 21, Oct.

16, and Oct. 29, 1888, as per Nov. Ist

ROU oo iii sccm nema 1,194 50

074,812 66

Cr.

By payments to date (Jan’y 18th, 1889)------.-------- 514,500 00

nL a aa ee ne ee ee $60,312 66

15 THe STATE OF ALABAMA, |

Morgan County. j

Before me, W. T. Mulligan, a notary public in and for the county

of Morgan, State of Alabama, this day personally appeared James

» C. Gray, who, being duly sworn, deposeth and saith that he is the

duly authorized agent of Gordon, Strobel and Laureau, Limited,

contractors, engineers, and constructors ; thaton the 9th day of Feb-

ruary, 1887, said Gordon, Strobel and Laureau entered into a con-

tract in writing with the Alabama and Tennessee Coal and Tron

Company whereby they agreed to construct for said company three

blast furnaces according to specifications In said contract mentioned

at and for the aggregate sum of five hundred and sixty-four thou-

sand dollars, of which sum five hundred and seven thousand six

hundred was payable during the progress of the work of construc-

tion, six thousand four hundred dollars within thirty days after

completion, and fifty thousand dollars in the three notes of the said

company for sixteen thousand six hundred and sixty-six °,% dollars,

payable respectively at four, eight, and twelve months, each bear-

ing six per cent. interest, to be secured by first-mortgage bonds of

the company. |

And affiant further states that in 1887, while said Gordon, Strobel

and Laureau were constructing said furnaces under said contract,

the said Alabama and Tennessee Coal and Tron Company became

consolidated with and merged in the Sheffield and Birmingham

Coal, [ron and Railway Co., and thereafter for said Shefhield and

2—424

|

4

10 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

Birmingham Coal, Tron and Railway Company said Gordon, Stro-

bel and Laureau continued under said contract the construction of

said furnaces to completion, completing the same on the 8th day of

August, 1SS8.. The lands on which the said furnaces are situate He

within theeounty of Colbert, State of Alabama, near to the city of

Sheftield, and the parcelin which they are situate is known and de-

scribed as follows: A certain parcel located within a sixty-acre tract

conveyed by the Sheffield Land, Iron and Coal Company to

16 the Alabama and Tennessee Coal and Tron Company, which

conveyance is on record in the oftice of the judge of probate

of said county of Colbert,in Record Book “ J,” pp. 26872, and plan of

same on p. 275, beginning at astone setin the ground at the east eor-

ner of said sixty-acre tract, thence running south +1 50 west eight

hundred and fifty-three ;8; feet along the southeast boundary of said

sixty-acre tract to a stone set in the ground, thence turning and

running north 08 west five hundred and fifty-four 54, feet to the east

corner of the parcel of land to be described ; beginuing at this point

and running ina northwesterly direction parallel with and twenty

feet distant from a building used as an engine-house a distance of

one hundred and eighty-two feet, thence turning at right angles

and running a southwesterly direction a distance of five hundred

and sixty-five feet, thence turning at right angles ranning 1p a

southeasterly direction a distance of three hundred and fifteen feet,

thence turning at right angles and running in a northeasterly direc-

tion a distance of five hundred and eleven feet parallel with and

fifteen feet southeast of a building called a stock-house, thence turn-

Ing at right angles and running in a northwest direetion a distance

of one hundred and thirty-three feet, thenee turning at right angles

and running in a northeasterly direction a distance of fifty-four feet

parallel with and ten feet southeast of the building used as an engine-

house to the point of beginning. Of this parcel of land on which

said three furnaces are situated the said Gordon, Strobel and Lau-

reau have selected as subject to the lien herein and hereby claimed

one acre, known and described as follows: A certain parcel located

within a sixty-acre tract conveyed by the Sheffield Land, Tron and

Coal Company to the Alabama and Tennessee Coal and Tron Com-

pany, Which conveyance is of record in the oflice of the judge of pro-

bate of said county of Colbert, in;Reeord Book “J,” pp. 26872, and

plan of same on p. 273, beginning at a stone set in the ground at the

east corner of said sixty-acre tract, thence ranning south 41 30 west

eight hundred and fifty-three ,5, feet along the southeast boundary

of said sixty-acre tract to a stone set in the ground ; thence turning

and running north 58 west five hundred and fifty-four 4) feet to

17 the east corner of the parcel of jand to be described ; begin-

ning at this point and ranning in a northwesterly direction

parallel with and twenty feet distant from a building used as an

engine-house a distance of one hundred and thirty feet; thence

turning at right angles and running in a southwesterly direction

a distance of one hundred sixty-one 7, feet; thence turning atright

ungles and running ina southeasterly direction parallel with the

most easierly east house a distance of nincty-three feet; thence

ct Ate

CO. VS. GORDON STROBEL ET AL., ETC, 1]

turning at right angles and running in a southwesterly direction a

distance of sixty-six and 5; feet; thence turning at right angles and

running in a southeasterly direction a distance of forty feet; thence

turning at right angles and running in a southwesterly direction a

distance of seventy-cight feet; thence turning at right angles and

running in a northwesterly direction a distance of forty feet ; thence

turning at right angies and running in a southwesterly direction a

distance of fifty-one and >> feet; thence turning at right angles and

running in a southeasterly direction a distance of forty feet; thence

turning at right angles and running in a southwesterly direction a

distance of seventy-elght feet; thenee turning at right angles and

running In a northwesterly direetion a distance of forty feet;

thence turning at right angles and ranning in a southwesterly di-

rection a distance of fifty-one and »; feet; thence turning at right

angles and running in a southeasterly direction a distance of forty

feet; thence turning at right angles and running ina southwesterly

direction a distance of seventy-six feet; thence turning at right

anoles and running in a southeasterly direction a distance of thirty

feet; thence turning at right angles and running in a northeast-

erly direction parallel with and fourteen feet southeast from a line

through the center of nine (9) fire-brick hot-blast stoves a distance

of five hundred and nine feet; thence turning at right angles and

running in a northwesterly direction a distance of thirty-three feet ;

thence turning at right angles and running ina northeasterly di-

rection a distance of fifty-four feet parallel with and ten feet south-

east of a building called an engine-house to the point of begin-

ning.

1s Affiant further states that he has personal knowledge of the

facts, and that there was, om the Sth day of August, ISSS8, when

said furnaces were completed, owing by said Sheffield and Birming-

ham Coal, Iron and Railway Company to said Gordon, Strobel and

Laureau the sum of fifty-nine thousand one hundred and eighteen

and 718, dollars for works and labor in and upon said furnaces

done and performed under said contract, and for materials, fixtures,

engines, boilers, and machinery furnished for said furnaces in and

under said contract.

And on the first day of November, 1888, there was owing and due

to them the further sum of eleven hundred and = ninety-four and

yoo Collars for extra material furnished for said furnaces, making

the aggregate of sixty thousand three hundred and twelve and 58°

dollars owing by said Sheffield and Birmingham Coal, Tron and

Railway Company to said Gordon, Strobel and Laureau after

eiving and allowing to said company all just credits and payments

for such works and labor and for such materials, fixtures, boilers,

engines, and machinery for said furnaces.

A just and true account of the said demand is hereto appended

and herewith verified.

For the payment and security of said sum of sixty thousand three

hundred and twelve and °8. dollars said Gordon, Strobel and

Laureau, a partnership composed of l’rederick W. Gordon, Vietor

O. Strobel, Lewis G. Laureau, Thomas G. Boyle, claim a hen under

12 THE SHEFFIELD & BIRMINGHAM COAT, IRON & RAILWAY

the statutes on the said furnaces, the fixtures, machinery, and

boilers and engines thereto attached and belonging, and also on

the one acre-of land hereinbefore described as selected by them and

subject to the said lien.

The said Sheffield and Birmingham Coal, Tron and Railway

Company is the owner and proprietor of said one acre and of said

furnaces, fixtures, engines, boilers, and machinery; and the said

one acre includes the three furnaces, nine fire-brick hot-blast stoves,

three wrought-iron hoist-towers, three hoist-engines, seven blowing

engines, seven feed-water heaters, three boiler feed-pumps, three

duplex circulating water pumps, twelve water tube-boilers,

19 three boiler-draught stacks, one brick engine-house, one

brick pump-house, three brick engine-houses, hot and = cold

blast main connections, steam and water pipes, fittings, valves, etc.,

connecting the above-named parts; also two (2) wrought-iron water

tanks, foundations and underground brick flnes for the above-de-

scribed works.

(Signed) JAMES C. GRAY.

Subscribed to and sworn to before me this 18th day of January,

1889.

(Signed) W. T. MULLIGAN, |

Notary Publi.

Endorsed: No. 150. Gordon, Strobel & Lareau v. Central Trust

Co. et al. Petition. Exhibit C & D. Filed in elerk’s office Feb-

ruary 11,1889. A. W. McCullough, clerk.

20 Notice of Petition, Original.

UNITED STaTEs OF AMERICA:

Cireuit Court, Northern Division, Northern Distriet of Alabama.

CENTRAL Trust Company oF New YorK )

vs. | wie

SHEFFIELD AND BIRMINGHAM CoAL, IRON AND Ratr- { ae Sap.

WAY Company ef als. J

The Central Trust Company of New York and the defendants,

The Sheffield and Birmingham Coal, Iron and Railroad Company

and Charles D. Woodson and Jacob G. Chamberiain, receiver ap-

pointed in the above-entitled cause, will take notice that on the 11th

day of February, 1889, Gordon, Stroubel and Lareau filed in said

cause their petition, praying to be allowed to intervene in said cause

and praying the court to establish and enforee a lien on three iron

blast coke furnaces, the fixtures, machinery, engines, boilers thereto

attached and belonging, and one acre of land in said petition de-

scribed, on which said furnaces are situated, which said furnaces

CO. YS. GORDON STROBEL ET AL., ETC. 13

are In the possession of the said receiver, as is in said petition al-

leged. A copy of said petition will be furnished on application.

Witness my hand this 12th day of February, 1889, at oflice.

A. W. McCULLOUGH, Clerk.

endorsed: “ Returned and filed February 14th, 1889. A. W.

McCullough, clerk.”

Further endorsed : Ree’d in office February 12th, 1889. Executed

by serving a copy on J. G. Chamberlain, receiver, in Sheffield, Ala.,

Feb. 12th, 1889, & C. D. Woodson, and a copy on Lawrence Cooper,

solicitor for S. & B. Coal, Tron & R’y Co., in Huntsviile, Ala., Feb’y

14,1889. A. H. Keller, U.S. M., per Geo. P. Turner, deputy.

21 Order Appointing Special Master.

UNITED STATES OF AMERICA:

Jn the Cireuit Court of the United States for the Northern Division

of the Northern District of Ala., April Term, 1889.

CENTRAL Trust COMPANY OF NEW YORK _ )

. /

US, { 15 % °

. ) 3 J P

SHEFFIELD AND BirMINGHAM CoAL, IRoN AND 0. In Equity

?

RAILWAY ComMPany et als. |

This cause was, by consent of parties, submitted at the present

term for decretal orders on the petition of Gordon, Stroubel and

Lareau, Limited, First National Bank of Sheffield, A. O. Beebe, and

Henry B. Tompkins filed and to be filed in this cause; and, all

parties, by their counsel, consenting to the following decretal orders,

the same are entered and enrolled as the orders of the court in this

‘“ause.

It is ordered, adjudged, and decreed that the several petitioners,

Gordon, Stroubel and Lareau, Limited, First National Bank of

Sheffield, A. O. Beebe, and Henry b. Pompkins, be permitted and

allowed to intervene in this cause, and that the petition filed by

ach of them be taken and deemed as the several and respective

interventions of each of them, and of the said petitions severally

and respectively and of the matiers and things therein stated this

court takes and assumes jurisdiction.

It is further ordered, adjudged, and.decreed that David D. Shelby,

Esquire, as member of the bar of this court, be, and he is, appointed

special master in chancery, who shall execute the several orders of

reference hereinafter made.

y It is further ordered, adjudged, and decreed that the peti-

tion of Gordon, Stroubel and Lareau, Limited, be, and the

same is, referred to said special master to Inquire and state to the

eourt whether the matters and things therein alleged be true, and

also to inguire and state whether the matters and things stated in

the answer to said petition be true; and the said master will par-

ticularly inquire and report whether the Alabama and Tennessee

14 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

Coal and Tron Company made and entered into the contract with

the petitioners alleged in the fifth, sixth, and seventh paragraphs

of the petition; whether under and in pursuance of the said con-

tract the petitioners constructed the three blast furnaces as in said

petition alleged; what payments were made to them for the con-

struction of said furnaces by the said Alabama and ‘Tennessee Coal

and Tron Company or by its suecessor, the defendant The Sheffield

and Birmingham Coal, Iron and Railway Company ; what, if any,

amount remains due and unpaid to the petitioner under the said

contract because of the work and labor done, materials furnished,

or other proper charges in the construction of said furnaces ; ana,

further, to inquire and report whether petitioner petitioners have the

lien claimed by them and the nature, character, and extent of such

lien; and, further, to inquire and report upon all matters of de-

fense specially stated in the said answer to the said petition.

It is further ordered, adjudged, and decreed that the petition of

said First Nationa! Bank of Sheffield be, and the same is, referred

to said special master to Inquire and report to the court whether

the matters and things therein alleged be true, and particularly to

inquire and report whether the defendant The Sheffield and Bir-

mingham Coal, Iron and Railway Company is indebted to the said

petitioner as in said petition alleged, and whether the mortgage In

the second paragraph of said petition alleged was made and exe-

cuted by the said defendant.

23 It is further ordered, adjudged, and decreed that the several

petitions of said A. O. Beebe and said Henry B. Tompkins

be respectively referred to said special master, and that he inquire

and report whether the defendant The Sheffield and Birmingham

Coal, Iron and Railway Company is indebted to the said petitioners

respectively as in the said petition 1s alleged.

It is further ordered, adjudged, and decreed that the said special

master in the execution of the said orders of reference or either of

them shall fix the time and piace of executing the same, of which

he will give due and reasonable notice to the counsel of record of

the parties In Interest,and may adjourn the execution of such refer-

ence from time to time as he may deem right and proper, and shall

have full authority to examine any of the parties upon oath touch-

ing all matters contained in the reference, and also to require from

the parties the production of all books, papers, writings, or other

documents in their possession or under their control applicable to

the matters and things in controversy, and also to examine, on

oath, all witnesses the parties respectively may eall before him, and

to summon before him such witnesses residing in the district as the

parties respectively may desire summoned, and to order the exam-

ination of any witnesses residing out of the district under a com-

mission to be issued on his certificate by the clerk of this court, and

generally to do and perform all things and make ail iuquiries and

take all such proceedings as he may deem necessary and proper to

the justice and merits and the rights of the parties ; and the said

special master will report severally on the said petitions, and until

Y

+

7 @&

,

;

|

|

CO. VS. GORDON STROBEL ET AL., ETC. 15

sald special master shall have made his reporis or either of them all

further orders and directions are reserved.

April 19th, 1889.

JOHN BRUCE, Judge.

24 _ Endorsed: “ Filed April 19th, 1889. A. W. McCullough,

clerk.”

ox Answer to Petition of Gordon, Strobel and Lareau.

CENTRAL ‘TRust CoMPANY OF NEW YORK

Us.

SHEFFIELD AND BIRMINGHAM CoaL, [TRON AND RAILWAY COoM-

PANY and Another.

ee

v

Answer to petition and intervention of Gordon, Strobel and Lareau.

The joint and several answers of the Central Trust Company of

New York, the Sheffield and Birmingham Coal, Iron and Rail-

way Company, and J. G. Chamberlain, receiver, and ©. D. Wood-

son to the foregoing petition and intervention of Gordon, Streubel

and Lareau, Limited.

To the honorable judges of the circuit court of the United States

sitting at Huntsville, for the northern division of the northern

district of the State of Alabama:

These respondents come and admit the consclidation of the said

company of the 25th August, 1887,as is set forth in the petition and

Intervention above stated, but demand strict proof of every other

matter and thing set forth and alleged in said petition whereby the

claim or lien of said petitioners is sought to be established, and

for their answer to the said petition and intervention aver and show

to the court:

First. That said Gordon, Stroubel and Lareau, through Frederic

W. Gordon, the senior member and partner of said firm, undertook

to supervise and superintend the blowing in of one of the three

furnaces of the Sheffield and Birmingham Coal, Iron and R’y Co.,

at Sheffield, known as “A” or No. 1, on the 17th day of

26 August, 1888, and that said blowing in, management, custody,

and control of said furnace was put in charge of said Gordon,

who continued in such management and control for the space of

nine (9) days, during which time about one hundred and six (106)

tons of pig-iron were made at said furnace, and then, said furnace

being totally ruined and disabled, said Gordon himself abandoned

said furnace and advised the executive officers of the Sheffield and

Birmingham Coal, Iron and Raiiway Company that he could do

nothing with it; that during the time said furnace was so under the

management and control of said Gordon that he became totally in-

Capacitated properly to manage said furnace, even if he at any time

was competent to do so, and that by reason of said incapacity and

incompetency of said Gordon not only was said furnace totally

16 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

ruined for all purposes of being operated or of making iron, so that

said furnace had to. be shoveled out, the hearth taken out, the bosh

in part taken out, and the furnace repaired at a large outlay of time

and money.

a

That by reason of the conduct of said Gordon and the ruining of

said furnace your respondent, The Sheflield and Birmingham Coal,

Iron and Railway Company, was damaged, in money and reputa-

ticn, to the amount of at least $100,000 or other large sum.

That in addition to such damage the said Sheflield and Birming-

ham Coal, Iron and Railway Company jaid out and expended in

repairing said furnace “A,” including labor and material, the sum

of five thousand one hundred forty-two and 55/5 dollars.

That the iron made by said furnace during the superintendency —

of said IF. W. Gordon cost said Sheffield and Birmingham Coal,

[ron and Railway Company the sum of sixty and 39%; ($60.90) dol-

lars per ton, when, by proper care and management, it should not

have exceeded twelve ($12) dollars per ton, thus oceasioning a loss

to said Shefheld and Birmingham Coal, Iron and Railway Com-

pany of over $5,000.00.

27 Second. Vhat after said I. W. Gordon had so ruined fur-

nace “A” he then proceeded to blow in furnace “ B” or No.

2, beginning the same on the 7th day of September, 1888, and that

after said Gordon had remained so in control and management of

said furnace “ B” for 16 days and had made about 700 tons of pig-

iron, at a cost of about ($20) dollars per ton of said pig-iron, he, by

his carelessness, mismanagement, and iIncompetency, put said fur-

nace Insuch a condition that it was apparent to the executive officers

of said Sheffield and Birmingham Coal, lron and Railway Company

that said furnace “ B” would also be ruined in the same way as was

furnace “A” if said Gordon remained longer in control and manage-

ment of it, and he was, therefore, asked to relinquish the control of

said furnace “ B,” which he did on the 22 day of Sept., 1888.

That after said Sheflield and Birmingham Coal, Jron and Rail-

way Company, through its own officials, took charge and manage-

ment of said furnace “ B” it began to improve and, by great care

and attention, was brought around and has been in operation ever

since; and your respondents aver that at the time the Sheffield and

sirmingham Coal, Tron and Railway Company took charge of said

furnace “6B” it had been greatly injured and damaged by the man-

agement of said Gordon, so that it became necessary to treat it with

great care and attention and to lay out and expend a large amount

of money upon it in order to prevent it also from being ruined, and

it thus required about six weeks to get said furnace In a good con-

dition, its hearths having been filled up and it being otherwise

damaged and disabled; and the respondents aver that the loss

accruing tosaid Sheffield and Birmingham Coal, Iron and Railway

Company by the aforesaid management of Gordon of furnace “ B”

amounted to about the sum of ten thousand ($10,000) dollars, this

amount being made up of the decrease of the output of iron

28 and expenditures in labor and material in bringing said fur-

nace to a proper working condition,

“f

. ‘i

-_*

CO. VS. GORDON STROBEL ET AL., ETC. 17

Third. Respondents aver that said three furnaces and the plant

and buildings connected therewith, so constructed by said Gordon,

Strobel and Lareau under said contract referred to and set forth in

the aforesaid petition and intervention, were not built and con-

structed according to the plans and specifications, agreements, and

undertakings set forth in said contract in various ways, as follows,

to wit:

(A.) ‘There should have been a system of valves from the boilers

to the engine, so that any of said boilers or any engine could be shut

off from the balance, thus giving an opportunity to repair the pipes

and fix the steam joints, but as the furnaces were really constructed

no steam joints or pipes can be repaired in any way between the

valves at the boilers and the valves at the engines without stopping

the engines and the furnaces and also stopping all pumps, and that

this detect bad been noticed and called attention to by an expert in

such matters, namely, a Mr. Best, of the firm of Best, Fox and Co.,

of Pittsburgh, Pa.,at the time said furnaces were being constructed,

and that notwithstanding such attention being called to the faulty

and defective construction by Mr. Best that the said contractors,

Gordon, Strobel and Lareau, bad persisted in building the furnaces

as they did.

Respondents aver that in order to make the necessary changes in

said system of valves, pipes, ect, would require about $1,500.

(L.) Respondents aver that by reason of said faultv and defective

construction of said furnaces it became necessary to have an inde-

pendent steam pipe from the boilers to the pumps in order to keep

the pumps in operation while the Joints and pipes were being re-

paired, This work would cost about six hundred (600) dol-

29 lars, including work on the boilers caused by set-ling of the

foundations.

(C.) Respondents aver that by reason of the faulty and improper

construction of said furnaces there Is no valve in the main water-

supply pipe to the feed-pumps with whieh to shut the water from

the pumps in case the valves near the pumps should fail to work,

which often happens.

And that to put in this valve, were no furnace In blast, would cost

about the sum of fifty ($50) dollars; but to stop the furnaces and

take out the tuyeres and water-coolers so that the water could be

shut off from the furnaces and valves be put in would cause, in all

probability, the stoppage of the furnace for two or three days and

nights, and thereby occasion loss and damage in labor, material,

and money to the extent of at least one thousand (31,000) dollars.

(D.) Respondents further aver that the stock-houses erected for

said furnaces is totally inadequate, having only a capacity for two

furnaces instead of three, and thus a large amount of material, con-

sisting of ore, coke, and limestone, has to be put outside of the stock-

house, where it is exposed to the weather and where it has to be

handled, in order to get it into the furnace, at great disadvantage

and loss, and that this defect cannot be remedied except by making

the stock-house at least three hundred feet longer and 30 ft. wider

o—424

18 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

than it now is, which necessary improvement could not be done for

less than about $10,000.

(2.) Respondents further aver and show to the court that the

outlet of pipes leading from the stoves to the furnaces should be

connected and supplied with a system of valves, so that any one set

of stoves (there being three sets to each furnace) could be used on

either furnace, and that this defect, which is a very radical one,

could not be remedied for less than an outlay and cost of about

twenty-five hundred (32,500) dollars,

OV) (I°.) Respondents further aver and show to the court that

there should have been a bridge connecting all of the furnaces

and stoves, so that in case anything happened to any one hoisting

engine that the furnaces could have been kept going by filling from

any other of the hoisting towers not directly eonnected with said

furnace, and also to get easy access to all the hot-blast stoves, and

that this necessary improvement and addition could not be made

for less than about two thousand (82,000) dollars.

(G.) Respondents further aver and show to the eourt that the

boiler power supplied by said furnace boilers is totally inadequate

to run three furnaces at once, but is only about sufticient for the

operation of two furnaces at the same time, and that to render said

boilers sufficient would require the putting in of three more batteries

of two boilers in each battery, asthey now are, and that the offieials

of said Shefhieldand Birmingham Coal, Tron and Railway Company

have taken careful estimates of what it would cost to remedy this

very great defect in boiler power, and find that it would eost, In

order to have suflicient boiler power to run three furnaces at once,

about the sum of 825.000. |

(H.) Respondents further aver and show to the eourt that the

foundations for the boilers have settled in the centre, causing trouble

and expense already, by reason of such settling, and showing that

the foundations were not prepared with suflicient strength nor prop-

erly constructed.

(I.) Respondents further aver and show to the court that all thre-

of the furnaces, as constructed by Gordon, Strobel and Lareau, were

very poorly banded; that the he-rth and lower part of bosh ex-

panded, and the furnace will not run nearly so long as if it had

been well banded at first; that the brick-work in the he-rth was

carelessly and improperly executed, and, in many instances, so poor

was this work that it was clearly apparent to the most super-

ol ficial observation that it was performed in the most unwork-

manlike and careless manner,

(J.) Respondents further aver and show to the eourt that the COp-

ing stones about the foundations of the casting-houses, where there

are openings of small stones, when there shouid have been stones of

the full width of the wall and the full length of the opening — not

less than one foot in thickness, and that by reason of such faulty eon-

struction the walls have already commenced to giveaway, and it has

become necessary to make east plates to pul In to prevent the walls

from further disintegration and falling to picees.

(KX.) Respondents furtberaver and show to the court that the blast

\

-— .

“

CO. VS. GORDON STROBEL ET AL., ETC. 19

engines are too light to run up to the speed they should do in order

to bring the furnace up to its best capacity and output, and that

they will not stand and enable the furnace to be put up to its best

| work ; that already one of the piston heaes of the blast cylinder in

is & one of the engines has broken and that one of the bed plates has

also broken, demonstrating that they were too weak or were erected

, on bad foundations. Further, that it requires constantly two en-

gines to run one furnace, and should all three furnaces be put in

blast (after the boiler power should be so inereased as to render that

possible), then there would be only one spare engine, which would

not be sufficient, of the kind and class of engines so erected at these

furnaces to make it safe to operate all three furnaces at once, and that

“a By to remedy this defect there should be eight blast engines instead of

seven, and that such additional engine should weigh not less than

190,000 Ibs. instead of about 160,000 Ibs., as is the weight of each of

the seven engines now consiructed. Respondents aver that the

| officials of the said Sheffield and Birmingham Coal, [ron and

o2 Railway Company have caused estimates to be made of the

cost to put in another engine as aforesaid, and that such en-

gine could not be put up at a less outlay than $12,000; and re-

spondents further aver in this connection that the officials have

been informed by Wm. Todd & Co., of Youngstown, Ohio, manu-

facturers of blast engines, that Gordon, Strobel and Lareau or some

member of that. firm approached said Wm. ‘Todd & Co. during the

construction of said furnaces to furnish the blast engines such as

were used and are now in operation at said furnaces, and that said

Todd & Co. refused to take the contract to furnish said engines from

the patterns submitted by said Gordon, Strobel and Lareau, because

they would be too light for the work expected of them and = inade-

* quate to operate the furnaces suecessfully ; but that notwithstand-

Ing being so put upon notice that the engines, such as were used,

were not adequate for the purpose for which they were erected, yet

said Gordon, Strobel an] Lareau procured engines elsewhere and

erected them at said furnaces.

Fourth. Respondents spectally deny that the item of 89,618.16, set

forth and charged in the bill of petitioners as ‘“ freight excess pay-

: ments, as per 153 clause contract,” is any Hen or charge upon said

,

—

three furnaces or the ground on which they are situated.

And respondents also specially deny that the item of 51,194.50,

set forth and chargcd in the bill of petitioners as “extra material

furnished Sept. 21, Oct. 16, and Oct. 29, 1888, as per Nov. Ist state-

——< ~ ment,” is any lien or charge upon said three furnaces or the ground

on which they are situated,

Wherefore these respondents pray the honorable court that this

answer may be taken as a cross-petition and intervention in the

nature of a eross-bill in equity, and that the court will refer the

original petition and this answer to a master in chancery to take

evidence and report upon the same, or that the court will pass

oo upon the same as 1t may deem proper, and that, upon the

coming in of the proofs, the court will proceed and decree

that the said Gordon, Strobel and Lareau have ueither any claim

90 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

or lien of any kind or character whatsoever against the said three

furnaces and the grounds upon which they are situated at Sheffield,

of the said Sheffield and Birmingham Coal, Tron and Railway Com-

pany; that the court will then further decree against said Gordon,

Strobel and Lareau such amount as shall be found to be due said

Sheftield and Birmingham Coal, Iron and Railway Company under

the pleadings and proofs of this Intervention and petition, and that

the court pass such further orders, Judgments, and decrees in the

cause as shall be meet and equitable.

BUTLER, STILLMAN ann HUBBARD,

Sol’s for Central Trust Company of New York.

HENRY B. TOMPIKINS, Of Counsel.

LAWRENCE COOPER,

Sol. for S. & B.C, 1. & Ry Co.

J. G. CHAMBERLAIN, Peceiver.

Endorsed : “ Filed in elerk’s office this 25rd day of April, 1889.

A. W. McCullough, clerk.”

34 In Re Intervention of Gorpon, Stroper & LaArReAv, Limited.

Amended Answer of Re spondents.

In the United States Cireuit Court for Northern Distriet and North-

ern Division of Alabama.

CentraL Trust Company or N. Y,.

Us.

SHEFFIELD & BIRMINGHAM CoaL, [ron AND RatnwAy Company

and Another.

ee eee a ce

¥

In ve petition and intervention of Gordon, Strobel and Labeau,

Limited.

And now come the respondents in the above-stated intervention ,

Central Trust Company of N. Y. and another, and, by leave of the

court first had, amend their answer, &c., to the said intervention

and say—

1. That upon information and belief and from knowledge that

has lately come to them thev aver that Gordon, Strobel and

Lareau, Limited, is an incorporated company, organized under the

laws and statutes of the State of Pennsylvania, and is so a corpora-

tion foreign to the State of Alabama.

2. That the proposition of intervenors to construct the three

furnaces was made on 9 February, and was aceepted by the Ala-

bama & Teun. C.& I. Co. some time thereafter and about Ist March,

1887.

3. Respondents also allege that said corporation of Gordon, Strobel

and Lareau, Limited, have faired to comply with the consti-

BO tutional statutes of the State of Alabama by filing with the

secretary of State of Alabama the statements in writing as to

CO. VS. GORDON STROBEL ET AL., ETC. 21

. . its Incorporation and place of business in Alabama, and have es-

pecially failed and refused to comply with the provisions of the act

of the General Assembly of Alabama of — day of February, 18387.

Wherefore respondents pray as heretofore in this answer and

- cross-bill, and also that the intervention of said Gordon, Stroubel

and Lareau, Limited, be proceeded with no further, but the same

y be dismissed.

BUTLER, STILLMAN ann HUBBARD,

Sol’s for Central Trust Co. of New York.

HENRY B. TOMPKINS,

J. M. WHITE, Of Counsel.

This amendment being submitted by the solicitor forthe respond-

euts, Central Trust Company of New York and -other, the court,

after argument, ordered that the amendment be not allowed to be

filed; to which ruling solicitors excepted.

June 12th, 1S9v.

DON A. PARDEE, Judge.

36 In Re Intervention of GoRDON, STROUBEL and LAREAU.

Amendment of Answer of Respondent.

In the Cireuit Court of the United States for the Northern District

and Division of Alabama, at Huntsville.

CentTRAL Trust Company oF New York

vs.

SHEFFIELD.AND BIRMINGHAM CoAL,] RON AND RatLway Company

and Another.

en gE

y

In re petition and intervention of Gordon, Stroubel and Lareau.

. Amendment to the Answer and Cross- bill of Respondents.

Respondents, by leave of the court first had and obtained, come

and amend their petition and cross-bill and say that said furnace

plant so erected by Gordon, Stroubel and Lareau for the Sheffield

and Birmingham Coal, Iron and Railway Company, consisting of

three furnaces, was constructed in so faulty, Inadequate, and im-

easciie proper a manner that, unlike the two other furnaces at Shetheld

and other furnaces properly constructed elsewhere, said furnace

plant of thre- furnaces could not be operated so as to make steam

by consuming the gases under the boilers, as Is ordinarily done in

modern furnaces of approved pattern and construction, but that it

beeame necessary in order to make steam for said furnaces, or for

one of said furnaces while in operation, to consume from 550° to

500 pounds of coal to each ton of iron made at said furnace, so that

each ton of iron so made cost from forty to fifty cents more than it

ought to have cost per ton, and thus averaged in the daily expence

THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

ho

to

account for operating each of said furnace: over $50 per day

ri more than would have been the case if said Gordon, Stroubel

and Lareau had properly constructed said furnaces,

And respondents aver and show to the court that by the evidence

adduced at the hearing before the special master in chancery that

after running one furnace twelve months it has been practically

demonstrated that it eost over $20,000 more to operate said furnace-

per annum than it would have cost if said furnaces had been prop-

erly constructed so as to have saved said consumption of coal under

the boilers.

oN)

ENTRAL TRUST COMPANY OF N. Y.,

\ ‘LER, STILLMAN axp HUBBARD, Sol’s.

SHEFFIELD AND BIRMINGHAM COAL,

IRON AND RAILWAY COMPANY,

By LAWRENCE COOPER, Sol.

J. G. CHAMBERLAIN, Receiver.

Endorsed : “ Filed in clerk’s office this —.”

fade!

Ne

CP

STATE OF TENNESSEE, |

Shelby County. j

Before me, the undersigned, a notary public in and for said State

and county, personally came Enoch Ensley, who, being first and

duly sworn, on oath says:

[ have fora number of years been engaged in the coal and iron

business in the State of Alabama, at Birmingham, and latterly at

Sheffield; was once president of the Tennessee Coal, [ron and R’y

Co., Which owns the Pratt coking coal mines and a large number of

furnaces in Tennessee and Alabama and other valuable minerals,

and have thus had large and varied experience in iron-making,

and have knowledge of blast furnaces and how they should be con-

structed and equipped. [I am the owner of one blast furnace at

Sheffield, Alabama, called the Hattie Insley furnace, and am the

majority ownerof another furnace at Sheffield, called the Lady Ens-

ley furnace, at which place, to wit, Sheflield, Alabama, very close to

the two furnaces mentioned, are situated the three furnaces of the

Shefheld and Birmingham Coal, Iron and Railway Company.

After acquiring the furnace property above mentioned, at Sheftield,

by reason of my knowledge of farnaces I would not permit them to

go into blast until the boiler power, which was similar and about

equal to the boiler power of the three furnaces of the Sheffield and

Birmingham Coal, Tron and Railway Company, had been very

largely added to and increased, deeming that the furnaces could not

be properly, successfully, or advantageously run without increasing

the boiler power about fifty per cent. over and above what it was

when I acquired my interest in said two furnaces. From what I

know of the boiler power of the three furnaces of the Sheffield and

Birmingham Coal, Tron and Railway Company itis totally deficient

CO. VS. GORDON STROBEL ET AL., ETC. 23

and inadequate for the successful operation of said three fur-

59 haces, and, in my opinion, it will require at least 50 per cent.

additional boilers to render said furnaces in a condition for

all three of them to be operated at once, and this additional boiler

power to said three furnaces could not be made for a less outlay

than — thousand dollars.

From what I know of said three furnaces they are useless as a

property to be operated all three at once without an additional ex-

penditure, as above stated, upon the boiler pewer alone, and in my

opinion the engines are not of such construction and efficiency as

would enable the three furnaces to be operated all together, even if

the boiler power was made adequate, as above stated.

NOCH ENSLEY.

Sworn to and subseribed to before me this the 12th day of June,

1890.

J. P. YOUNG,

Notary Public.

IKndorsed: “Filed June the 12th, 1890, on the hearing, but on

motion of intervenors ordered suppressed as evidence. Don A.

Pardee, Judge.”

AQ Tn the United States Cireuit Court at Huntsville. Ala. In

Equity.

CeNTRAL TRust COMPANY )

9°@ |

Us. ' .

r No. 150

SHEFFIELD AND BIRMINGHAM COAL, [RON AND RaI_way |

COMPANY. J

In the matter of the intervention of Gordon, Strobel and Lareau,

Limited.

The special master having made his report in the above inter-

vention and exceptions being filed thereto, and the term of the

court at which said exceptions might have been heard having passed

without hearing the same, upon an agreement of counsel that the

cause might be submitted thereon and heard at Chambers before

Hon. Don A. Pardee, now, it is hereby agreed that the said judge

may hear said exceptions in all respects as in term time and his

decree thereon shall be considered and taken for all purposes as

rendered in term time.

R. C. BRICKELL &

W. A. GUNTER,

For Gordon, Stroubel & Lareau.

BUTLER, STILLMAN & HUBBARD,

HENRY B. TOMPKINS,

LAWRENCE COOPER & J. M. WHITE,

For Exceptors.

Endorsed: “ Filed June 12th, 1890. Don A. Pardee, judge.”

22 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

account for operating each of said furnace- over 300 per day

Od more than would have been the case if said Gordon, Stroubel

and Lareau had properly constructed said furnaces.

And respondents aver and show to the court that by the evidence

adduced at the hearing before the special master in chancery that

after running one furnace twelve months it has been practically

demonstrated that it cost over $20,000 more to operate said furnace-

per annum than it would have cost if said furnaces had been prop-

erly constructed so as to have saved said consumption of coal under

the boilers.

CENTRAL TRUST COMPANY OF N. ¥Y.,

By BUTLER, STILLMAN axnp HUBBARD, Sol's.

SHEFFIELD AND BIRMINGHAM COAL,

IRON AND RAILWAY COMPANY,

By LAWRENCE COOPER, Sol.

J. G. CHAMBERLAIN, Receiver.

Endorsed : * Filed in clerk’s office this —.”

38 STATE OF ‘TENNESSEE, l

Shelby County. f

Before me, the undersigned, a notary public in and for said State

and county, personally came Enoch Ensley, who, being first and

duly sworn, on oath says:

[ have fora number of years been engaged in the coal and iron

business in the State of Alabama, at Birmingham, and latterly at

Sheffield; was once president of the Tennessee Coal, Tron and R’y

Co., which owns the Pratt eoking coal mines and a iarge number of

fornaces in Tennessee and Alabama and other valuable minerals,

and have thus had large and varied experience in iron-making,

and have knowledge of blast furnaces and how they should be con-

structed and equipped. I am the owner of one blast furnace at

Sheffield, Alabama, called the Hattie Ensley furnace, and am the

majority ownerof another furnace at Sheffield, called the Lady Ens-

ley furnace, at which place, to wit, Sheflield, Alabama, very close to

the two furnaces mentioned, are situated the three furnaces of the

Sheffield and Birmingham Coal, Iron and Railway Company.

After acquiring the furnace property above mentioned, at Sheffield,

by reason of my knowledge of furnaces I would not permit them to

go into blast until the boiler power, which was similar and about

equal to the boiler power of the three furnaces of the Sheffield and

Birmingham Coal, Tron and Railway Company, had been very

largely added to and increased, deeming that the furnaces could not

be properly, successfully, or advantageously run without increasing

the boiler power about fifty per cent. over and above what it was

when I acquired my interest in said two furnaces. From what I

know of the boiler power of the three furnaces of the Sheffield and

Birmingham Coal, Tron and Railway Company itis totally deficient

CO. VS. GORDON STROBEL ET AL., ETC. 23

and inadequate for the successful operation of said three fur-

3f haces, and, in my opinion, it will require at least 50 per cent.

additional boilers to render said furnaces in a condition for

all three of them to be operated at once, and this additional boiler

power to said three furnaces could not be made for a less outlay

than — thousand dollars.

«

From what I know of said three furnaces they are useless as a

property to be operated all three at once without an additional ex-

penditure, as above stated, upon the boiler pewer alone, and in my

opinion the engines are not of such construction and efliciency as

would enable the three furnaces to be operated all together, even if

the boiler power was made adequate, as above stated.

ENOCH ENSLEY.

Sworn to and subseribed to before me this the 12th day of June,

1890.

J. P. YOUNG,

Notary Public.

Mndorsed: “ Filed June the 12th, 1890, on the hearing, but on

motion of intervenors ordered suppressed as evidence. Don A.

Pardee, judge.”

dO In the United States Cireuit Court at Huntsville. Ala. In

Equity.

ed

CrentTRAL TRust COMPANY

pe

Us T ee

: wee . No. 150

SHEFFIELD AND BIRMINGHAM CoaL, [RON AND RaILway /| .

ClOOMPANY.

Miri tee

In the matter of the intervention of Gordon, Strobel and Lareau,

Limited.

The special master having made his report in the above inter-

vention and exceptions being filed thereto, and the term of the

court at which said exceptions might have been heard having passed

- without hearing the same, Upon an agreement of counsel that the

cause might be submitted thereon and heard at Chambers before

Hon. Don A. Pardee, now, it is hereby agreed that the said judge

may hear said exceptions in all respects as in term time and his

decree thereon shall be considered and taken for all purposes as

rendered in terin time.

R. C. BRICKELL &

W. A. GUNTER,

lor Gordon, Stroubel & Lareau.

BUTLER, STILLMAN & HUBBARD,

HENRY B. TOMPKINS,

LAWRENCE COOPER & J. M. WHITE.

For Exceptors.

Endorsed: “ Filed June 12th, 1890. Don A. Pardee, judge.”

on RE Ee AN OTIC ETN

24 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

41 In re Intervention of Gorpon, Stropert and LAREAU.

Report of Special Master.

ln the Cirevit Court of the United States for the Northern District

of Alabama, Northern Division.

Central Trust Company or New York

US,

SHEFFIELD & BIRMINGHAM CoaL, [RON AND RAILWAY COMPANY.

In ve-intervention of Gordon, Stroubel & Lareau, Limited.

To the honorable judges of said court :

The undersigned as special master makes the following report:

On the 9th day of February, 1887, the intervenors made a con-

tract with the Alabama and ‘Tennessee Coal & Tron Company for

the construction, at Sheffield, Alabama, of three blast furnaces. The

contract Included specifications describing in detail the work to be

done. The work was to be done “in a good and workman-like man-

ner and of suitable material, and each part to be adequate in design,

strength, capacity, and workmanship for the purpose for which it

was intended.” [t was also agreed that the superintendant of the

Alabama & Tennessee Coal & Iron Company should pass upon the

work every two weeks, and, if to his satisfaction, it was to be a final

acceptance of the work so far as done. ‘The agreed price of the

work was to be $564,000. The evidence shows without con-

42 flict that Edward Doud, who was the superintendant of the

company, made inspections and supervised the work and

raused changes to be made in the work from time to time and ac-

cepted it when, in his judgment, it was in complianee with the

contract. Payments, by the terms of the contract, were to be made

on the loth of each month on a basis of ninety per cent. of the.

Li

value of all the materials delivered and the value of the work exe-

cuted thereon, except the blowing engines, upon which ninety per

cent. on their valuation was to be paid according to their advance-

mentin the shop. The payments were made on the report of the

superintendant as the work progressed, and, including some pay-

ments of excess In freights to be hereafter considered, amounted to

$514,500. While the work was in progress the Alabama and Ten-

nessee Coal and Tron Company was consolidated with the Shefhield

and Birmingham Coal, [ron and Raiiway Company, the latter be-

coming responsible on the contract, and the superintendant, Mr.

Edward Doud, acting for the latter company, continued to super-

vise the work. The contractors claimed to have finished the work

on the 8th ef August, 1555, and requested its final acceptanee. Mr.

EK. W. Cote, as president of the Sheffield and Birmingham Coal,

Tron and Railway Company, to whom application was made, re-

ferred the matter of final acceptance to Mr. Edward Doud, the su-

perintendent, by a telegram. date- August 17th, 1888.) Mr. Doud,

on the 18th of August, in writing, accepted the vlant as completed

according to the terms of the contract. On the 18th of January,

i

|

|

|

CO. VS. GORDON STROBEL ET AL., ETC. 25

1889, a verified statement of the amount claimed to be due on this

contract was filed with the judge of probate of Colbert county in

substantial conformity with section 3022 of the Code of Alabama

of 1886, which provides the manner in which to secure the liens

of mechanics and material men declared by section 3018 of the

same code. The purpose of the intervention is to enforce this

lien and to collect the remainder claimed to be due on the con-

tract. 7

43 A large number of depositions have been taken in the ease,

all of which Ihave considered carefully, and I have come to

the conclusion that the defenses set up by the defendants are not

sustained by the evidence, and that the petitioners, Gordon, Strou-

bel and Lareau, are entitled to be paid the contract price for their

work and material.

The accepted proposition contained this stipulation: “ We have

based our estimates on a freight rate of 13} cents per hundred

pounds from Cincinnati, Ohio, to the site of construction, which

rate is to be guaranteed and made good by you.” The petitioners

Insist that the proper construction of the contract makes a guar-

antee that the charges from any point in. Cincinnati shall not ex-

ceed 153 cents ; that including transfer charges from one depot to

another the rate from Cincinnati to tne site of construction shall

be only 154 cents per hundred pounds. The defendant, on the con-

trary, claims that the guarenty is as to the freight where the goods

are shipped from Cincinnati to the site of construction, and that it

is nota guaranty that the transfer charges and freight together

shall not exceed 153 cents per 100 pounds.

The expression used in the contract is “a freight rate” and

“from Cineinnati.” It is nota freight rate and transfer charges.

It is not reasonable to suppose that either party to the contract had

ip contemplation the transfer charges in Cincinnatt.

In Owen vs. Railroad Company, 20 Am. & Ing. R. R. Cases, 371,

it was held in effect that the word freight in a statute against ex-

cessive freights does not include transfer charges from the elevator

to the depot nor from one depot toanother. I donot think that the

transfer charges in Cincinnati are embraced by the terms of the

contract. Excluding the transfer charges in Cincinnati, the evi-

denee shows that the petitioners paid as freight in excess of

44 the rates guaranteed $7,115.62,and that they have been reim-

bursed to the extent of $6,900, leaving due them $213.62 on

account of freight.

The work having been completed and aecepted August 18th, 1888,

the unpaid balance by the contract was to be partly paid and partly

secured within thirty days after the work was finished by notes

bearing six per cent. interest. As the defendant did not give the

notes on request, the balance found due shouid, I think, bear inter-

est at the rate of 8 per cent., the legal rate, after the expiration of

thirty days from August 158th, 1888. Stating the account to con-

form to this report, I find that there is due the petitioners Gordon,

Strobel and Lareau, including the excess of freights and extra ma-

4—424

oe ee Sy A AM i a. eg nen + ne enna wee =

Bini oa a ns on ne — 0 man -

—

26 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

terial furnished, the sum of $57,808.12. with interest to be added

from September 18th, 1588.

I also report that under the statutes referred to that the inter-

venors have a lien on the property described in their petition. I

attach as an exhibit to this report a statement of the account.

Respectfully submitted.

D. D. SHELBY,

Special Master.

45 The Sheffield and Birmingham Coal, Iron and Railway Com-

pany, successors to the Alabama and ‘Tennessee Coal and

Iron Company, to Gordon, Strobel and Lareau, Limited, Dr.

TO total eoeivact amount ...... .... .......... .--; $564,000

“freight excess payments as per contract ----.--- 7,118 62

‘extra material furnished Sept. 21, Oct. 16, Oct. 29,

1888, as per statement Nov. 1, 1888. -...-.--~-- 1,194 50

Cr.

sy payment on contract to date, Jan. 18, 1889 __-__- $507,600 00

payment on excess of freights ......--~- -- ee 6,900 O00

$514,500 00

$572,508 12

914,500 00

Balance due__ $57,808 12 Interest to be added from Sept. 18th, 1888.

46 Endorsed: “ Filed in clerk’s office this 25th Gay of Febru-

ary, 1890. A. W. McCullough, clerk.”

47 Exceptions to Report of Special Master on Intervention of G.,

So. de de.

In the Circuit Court of the United States for the Northern District

of the Northern Division of Alabama.

THe CentRAL Trust Company or New York _ )

US. | me

‘ + { ‘ 1(

THE SHEFFIELD & BirMinaguam Coar, Iron anp | pa Sageaty

RaILway Company et als. J

Ixceptions filed by the Sheffield and Birmingham Coal, Tron and

Railway Company, The Central Trust Company of New York,and

Jacob G. Chamberlain, receiver, tothe report of the special master

in re the intervention of Gordon, Stroubel and Lareau.

To the honorable judges of said court:

The Sheffield and Birmingham Coal, Trop and Railway Company,

The Central Trust Company of New York, and Jacob G.Chamberlain

2S eet sina a PIA) PM RQ VET ERT LEGIT me rmeenee ee

CO. VS. GORDON STROBEL ET AL., ETC. 27

receiver, defendants, to the petition of Gordon, Strobel and Lareau,

filed in re said invention, not waiving any right that they may

have, jointly or separately, to have the proceedings instituted by in-

tervenors dismissed out of this court for want of jurisdiction in this

court to enforee such lien, except to so much and such parts of the

report filed in this court on the 25th day of February, 1890, by the

special master, D. D. Shelby, Isq., as are below specially assigned,

and for the reasons below stated. Defendants except to so much of

said report and the findings of the master in reference thereto as de-

termines—

(1.) “ That the defenses set up by the defendants are not sustained

by the evidence.”

(2.) “ That the petitioners, Gordon, Stroubel and Lareau, are

entitled to be paid the contract price for their work and ma-

terial.”

48 (3.) “That the sum of $57,808.12, with interest from the

18th of September, 1888, is the amount due the intervenors ;”

and,

(4.) “ That intervenors have a lien on the property described in

their petition; and for. grounds or reasons fur such exceptions they

assign the following:

Ist. Because the evidence in the case sustained the defenses set

up by the defendants and showed, 2né, that the work and ma-

terials done and furnished by intervenors were not up to the re-

quirement and guaranty of their contract, by reason of which the

value of the plant as builtand equipped was worth sixty or seventy-

five thousand dollars less than the contract price; and, 3rd, because

such report is contrary to the weight of testimony on each of the

matters so reported.

Defendants here note the evidence or parts of evidence they

rely on in support of these exceptions, the same being depositions

taken and filed in said matter by special master :

Depositions of J. G. Chamberlain, Exhibit “A,” page 1 to 24.

64 66 sé

G. W. Killerbrew, . ” 16 to 18.

4 © Alex. Mellwain, ” ' “ eteee

” “ Henry Brown, ” : “Ze te Ze

- “ J. H. Partlow, ” B, ia lt =

. “ J. H. Murphy, " ‘ “ lto 3.

. “ George Lyell, " 5 - lto 3.

. “ Alex. MelIlwain 1 _ 6= lto 6.

. “« J. G. Chamberlain, ’ i lte &.

" “ Fred. Massy, He F, : 1 to 3.

e a 4 n : %, ” 1 te. &.

is ‘ 66 rT 7 Y: t, rT 17 to 20.

" “ H. B. Tompkins, ” _ * lto 4.

49 They respectfully submit these exceptions and ask thet

they be heard and considered, and that the said report of the

a

98 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

special master be reformed on the points excepted to so as to con-

form to the equity and justice of the case.

BUTLER, STILLMAN axpn HUBBARD,

HENRY B. TOMPKINS,

LAWRENCE COOPER, &

ROQUEMORE, WHITE & McKENZIE,

Attorneys for Defendants.

Endorsed: “ Filed in eclerk’s office March 17th, 1890. A. W. Me-

Cullougib, clerk.”

50 Decree of Judge Pardee oa Intervention of G., S. & Lr.

Circuit Court of the United States for the Northern District of

Alabama, Northern Division.

CENTRAL [Rust CoMPANY OF NEw YORK

US.

THE SHEFFIELD, BIRMINGH AM CoAL, [RON AND RAIL-

WAY COMPANY.

In Equity.

~~, --—-—

Intervention of Gordon, Strobel & Lareau on exceptions to master’s

report.

This cause came on to be heard, as by agreement of counsel on file,

on the exceptions to the master’s report and was argued,

Whereupon, it appearing that the acceptance of the work bi-weekly

as it progressed and as a whole on completion by the defendant’s

superintendant In accordance with the tertns of the eontract 1s con-

elusive upon the defendant that the work contracted for was done

and performed in accordance with the specifications, and that in

the said contract the intervenors did not euarantee that the work or

plant as a whole was adequate in design, strength, and capacity for

any purpose intended and specified, it is ordered, adjudged, and de-

creed that the exceptions to the master’s report be, and the same

are hereby, over-uled, and that the said report be, and the same is

hereby, confirmed.

: It is further ordered, adjudged, and decreed that the inter-

ol venors, Gordon, Strouble and Lareau, do have and recover of

a the defendant The Shefticld & Birmingham Coal, Iron and

Railway Company, as recommended in said master’s report, the

sum of fiftv-seven thousand eight hundred and eight and twelve

one-hundreths dollars (357,808.12), with interest thereon at six per

cent. per annum from the 18th day of December, 1888, until paid,

and all costs of this intervention, to be taxed, and that the mechanics’

lien as given by the laws of the State of Alabama and elaimed and

set forth in the intervention on file be,and the same is hereby, fully

recognized and allowed as being a subsisting first lien upon the

property specifically described in said intervention and exhibits.

And whereas the said property, which at the time of the filing of

the intervention in this ecaase was in the possession of this court,

~~ 72

Oe Capra Ae ee ELIS - ‘<i

atonal “ ata

CO. VS. GORDON STROBEL ET Af., ETC. ya

has been since sold, conveyed, and delivered under a decree ren-

dered in this cause, but subject to whatever lien or claim might

be allowed in this cause, it is further ordered, adjudged, and de-

creed that the said purchasers of said property do pay the aforesaid

judgmentof fifty-seven thousand eight hundred and eight and twelve

one-hundreth dollars ($57,808.12), with interest as aforesaid, and all

costs as aforesaid within twenty days after the filing of this decree, and

that in default thereof an order for the resale of said property for

the satisfaction of the judgment aforesaid may issue.

Decree rendered and signed this 24th day of June, 1890.

DON A. PARDEE,

Circuit Judge.

Endorsed : “ Filed in elerk’s office this 26tb day of June, A. D.

1890. A. W. McCullough, clerk.”

iy United States Cireuit Court, Northern District of Alabama,

Northern Division.

CENTRAL TRusT CoMPANY OF NEW YORK )

vs.

THE SHEFFIELD & BIRMINGHAM Coat, IRON & asa

WAY COMPANY.

-In Equity.

Intervention of Gordon, Strobel & Lareau.

The decree rendered and signed in this case on the 24th day of

June, 1890, containing errors as to rate of interest and date from

which interest should begin to run, it is now ordered, adjudged, and

decreed that the said decree be amended so as to provide that inter-

est on the sum of $57,803.12 shall begin to ran from the 1Sth day

of September instead of the 18th day of December as mentioned in

said decree, and that the rate on interest sball be at eight (S) per

cent. per annum instead of six per cent. per annum.

June 30th, 1890.

DON A. PARDEE,

Circuit Judge.

Filed in elerk’s office July 2nd, 1890.

A. W. McCULLOUGH, Clerk.

Od Proofs Introduced at the Hearing Before the Special Master in

Chancery.

o4 Specifications.

Three (3) 18 x 75 feet blast furnaces.

(For the Alabama and Tennessee Coal and Iron Co.)

Foundation plates.—The furnace will commence on the founda-

tion with a cast circle foundation plate 38 & ? in. thick and 30 inches

wide, made in 8 sections, strongly linked together. A bearing on

each of these sections will be planed off to receive a column,

00 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

Jolumns.—There will be eight columns placed in a cirele of 22”

feet in diameter, each column being 18’ in diameter at the base

and 16” at the top and 18 feet in height, with strong capital and

foundation flanges. Each end of these columns will be accurately

mnachined.

Column brackets.—On top of each column will be bolted a bracket

70” high of T-form bracing. The base will be machined to rest

accurately on the top of the column and a heavy inside top flange

will be riveted to the wrought mantel plate and the wrought bosh

plate.

Staying.—Staving each of these brackets in rigid radial form

will be bolted 8’ x 1” bars forming a cirele around the furnace.

Bosh plate-—The bosh jacket commences at the bottom of these

brackets 11 feet in height from the hearth, and will extend to the

wrought mantle. It will be 15 Ibs. in thickness and be riveted in

the perpendicular seams. It will be riveted on top to a 4x 4”

inch angle iron and this to the horizontal member of the mantel

plate. .

Mantel plate—The mantel plate will be 18” wide, and be com.

posed of a horizontal wrought-iron plate 20 Ibs. thick, entirely sur-

rounding the furnace, the ends of the sections comprising it being

butt-jointed together with heavy strap plates which will be triple-

riveted. On each edge will be 4x4” angle iron, the outer one

being riveted to the shell proper and the inner one to the bosh

jacket. An eve beam 12” high & of 180 lbs. per yard will extend

from the center of one column bracket to the other and be riveted

to the horizontal member of the mantel plate.

Furnace shell—The furnace shell will be 25’ in diameter at the

bottom, commencing at the mantel with plate iron 2,” thick and

end at the platform with plate iron } in. thick. All the per-

Dd pendicular seams will be double-riveted in the strongest man-

ner, and allthe horizontal seams will be closely single-riv-

etted.

Platform.—On top of this shell 20’ 5’7in diam. there will be two

angle irons, one outside being 2 & 3” x 3”, towhich the overhang-

ing platform plate will be riveted, and the other 2” x2 & 3”, on

which the cast inner platform piates will rest. The platform will

have a diameter of 267 5” and and be composed of 12 & $ in. plate

iron, all its seams being butt-strapped and rivets driven counter-

wunked to present a smooth surface to the charging barrow. This

overhanged — will be supported by 11 cast brackets of strong and

neat construction.

Bridge.—The bridge will be 15 ft. long and 17 ft. wide; plate

iron ~,”’ thick and butt-strapped. The bridge will be supported

by three beams 15” deep and 150 Ibs. per yard. On each side of

this bridge and all around the platform will be a guard 42” high

made of } plate iron. On the top of this guard will be stiffened with

an angle ironlL& > xl & 3”.

The bell & hopper, lip ring, arch beams.—The bell and hopper

and all the apparatus belonging to them will be carried from the

furnace shell independently of the brick lining by 15 brackets upon

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+

|

+

CO. VS. GORDON STROBEL ET AL., ETC. | 31

which will rest a cireular cast-iron plate. Within this plate will be

the hopper and on it will be bolted to properly machined surfaces

the arch from which the bell is swung. The hopper will be 13’ 6”

in diameter and 38” deep and 1 & }” thick. In it will be fitted a

lip ring keyed on a flange. This ring will be 1 & 3” thick and 17”

long. Its lower edge will be turned off to fit the bell gas-tight.

The arches spanning from side to side of the hopper ring will be

two stands on each side spanned by two 15” channel irons. One

side of this will carry by a neatly fitting pin 3’7 in diameter the

wrought-iron beams supporting the bell ; on the other side wrought

beams will be jointed in a similar manner, carrying a counterwunk

and supporting its —. To the former will be attached a steam

evlinder by which the bell can be operated, whether the furnace

has blast on or not. By this double-beam system a better distribu-

tion of the weights will be effected.

Bosh cooling plates—Around the bosh of the furnace and built

within the brick-work there will be three circles of air & water cooled

plates, consisting of double cast-iron shell, within which is

ob clayed a water-cooled plate, projecting beyond them and

within 5 inches of the inner ring of the furnace. The great

advantage of this plan of construction over the old type is, Ist, the

water-cooled portion can be examined at any time for leaks by sim-

ply driving in a bar at a short distance ; 2nd, if found to leak it can

be removed without tearing out the brick-work and with but a slight

stop to the furnaces; 3rd, the air-cooled plates are always exposed

to view, so that anv approach of heat can be detected and beaten

back by water spray.

Tuvere arches. Intermediate water plates—There will be placed

in the hearth 7 tuvere housens or arches made by closely circling

double-thick gas pipes and by casting iron around it. These will

be 27 inches long and 24 & } inehes inside at butt and 21 inches

wide at point. They will rest by wings provided upon them upon

a system of air and water cooled plates, as above described, which

will span from tuyere arch to tuyere areh all around and with the

arches will form a continuous band encircling the furnace hearth.

Bands.—Above the water-tuyere housens and above each bosh

cooling plate the furnace will be encircled by a wrought-iron band

7’ x 3’. In each of tuese there will be tampering screws, whose

least section under strain will be equal to the band. ‘Two perpen-

dicular struts are spaced between each tuyere housen, which will be

riveted to each circular band.

Dam plates.—Below the tuyere bousens there will be a shell of

wrought iron 3” thick with expanding slot holes. ‘Phis shell will

extend 8 feet below the bottom of the hearth. This will commence

and end with the water-dam plate, which will be made especially

strong to resist the pull caused by the hearth expanding. ‘This

dam plate will be provided with a false dry dam inserted conven-

iently within the water dam, lessening the possibility of accident,

and by running the water-dam casting below the dry dam great

strength is secured. |

Water-cooled cinder notch.—At a convenient distance below the

ne

es

Oo THE SHEFFIELD & BIRMINGHAM COAL, TRON & RAILWAY

tuyere centres we will place a water-cooled arch to hold the bronze

water-cooled cinder tuyere made and secured for the readiest change

and the greatest endurance.

‘Tuyeres.—In each of the tuyere housens will be placed a bronze

~ tuvere 6’ diameter at the nose and 12’ long.

o7 Bustle pipe—Entirely surrounding the furnace columns

and swung from the cast bosh brackets will be a bustle pipe.

It will be made of plate iron 3; inches in thickness, closely riv-

eted and tightly caulked. This shell will be lined with carefully

laid fire-brick to a clear internal diameter of 22”.

Blow-pipes.—To this pipe will be riveted 7 of our revolving blow-

pipes (patented) with ball joints, carefully machined, and the lower

section swung from a spring to provide for the varying expansion

of the parts. A six-inch hole will be provided for claying tuyeres

and this will be covered with a hinge plate provided with a neat

snuffer hole and evesight cover. The blow-pipe will be i5” in

diameter and will be lined with fire-brick to a clear way of 7

inches.

Water pipes.—The water necessary to cool the plates, tuyere

housens, tuyeres, dam plates, cinder arch, and noteh wilt be supplied

from acircular water pipe 7 inches in diameter, from which it will

be distributed by the best of fittings and three way cocks arranged

to blow out these parts without disconnecting the piping.

Discharge pipes.—The water will then be discharged into a water

trough $8” x 8” in surrounding the furnace, from whence the water

will be conveyed to the sewer bya pipe 9” in diameter.

Down-comer. Dust-catcher.—To carry away the gas from these

furnaces we will construct one down-comer of 76” in diameter of 8

ib. plate iron. On the bottom of this will be a circular dust-catcher

1] ft. 9 inches in diameter and 18 feet in height made of plate iron

Sib. thick. It will have a conical top secured to the aboye down-

comer and a conical bottom terminating witha belland seat. This

bell will be closed with a counter-weight. Through this bell the dust

can be almost lastantly withdrawn. On the end of the down-comer

projecting through into the dust-eatech chamber will be two deflect-

ing plates 76” in diameter to cause a settling of the dirt. From the

top of the cylindrical portion of the dust-catcher two down pipes

will carry the gas into the underground flues. Each of these will be

56” in diameter. ‘These serve to cause regular currents within the

ehamber and effect a more complete deposit of the flue dirt.

o8 Circular stairway.—Around this down-comer will be secured

a 24” circular stairway, with plate-iron risers and wrought

banisters and railing, arranged to reach the furnace top and get at

the cleaning and explosion doors arranged on this pipe.

Brick-work. Hearth bottom.—The brick-work of this furnace

will commence with a fire-brick hearth bottom, 45 in. thick, eom-

posed of two layers of blocks, each 18”” thick, under which will be

9 in. of 9-in. bricks, laid to thoroughly bond. The hearth bottom

will rest upon the foundation and will have the aforementioned

bands surrounding it, and between it and the column foundation

will be a space of 15’, so that water may be caused to flow over the

CO. VS. GORDON STROBEL ET AL., ETC. Oo

hearth and bottom wall and away at the bottom of the hearth bricks.

This plan avoids the danger of cutting away of the bottom by the

liquid iron and its approach to the column foundation indieated.

Should the iron approach the outer edge of the walls it will be ob-

served and may be beaten back by water. The water is drawn off

by a pipe at a level with the bottom of the hearth.

Hearth and bosh walls. Inwall. Backing—The hearth walls

and bosh walls will be 27” thick and laid in alternate courses of two

13 & 3 in. bricks and three of 9-in. bricks, making a perfect bond.

These bricks will be carefully moulded and laid with a minimum

of well-caleined clay. The inwall will be of 22 & } in.in thickness

and be backed with 4 & } of No. 2 fire-brick. Between this brick-

work and the shell will be a space of 4 & } inches, filled with soft

salmon fragments in iron rur out suitable length and width and

cinder through, extending 15 feet from furnace walls, will be putin

place. |

All the outside of the iron-work will bave one good coat of min-

eral paint.

Hearth and bosh bricks are to be equal to the crown Scioto. In-

wall equal to the No. 1 Scioto.

Oo” Specification,

Nine (9) 20 x 65 ft. fire-brick hot-blast stoves.

Stoves.—We will erect upon foundations prepared by us nine (9)

Gordon-Whitewell Cowper fire-brick hot-blast stoves, each 20 feet in

diameter and 65 feet high to the crown of the wrought-iron arch.

Plate iron.—The plate iron of the bottom, the top, the ring at the

bottom, and the ring at the spring of thearch will betwelve pounds

.per square foot. All the other plating will be 9 & 3 pounds per

‘square foot.

| ’ Riveting. —All the perpendicular seams, the cross-seams on top,

, ~ and the seams joining the top and shell and the bottom and _ shell

| will be double-riveted. All other seams will be closely single-riv-

eted and all will be caulked tightly.

Hot-blast valve —The hot-blast valve will have a clear way of

26 inches. Its casing will be made of 10-pound plate and will be

44 inehes in diameter. The seat,a bronze casting, water-cooled, will

be set with a taper fit in an air-cooling ring, bored to accurately fit

it. This ring will be riveted to the casing both above and below

—— the air-cooled channel, securing an opportunity to carefully caulk

: the joint and to observe any leaks that establish themselves in the

‘ internally secured seat rings. The valve is hollow, water-cooled

casting, operated by a hand wheel and rack and pinion. The stem

plays through a ball-seated gland, which may be adjusted with the

greatest nicety to procure proper seating of the valveand seat. This

is sometimes required when changing a seat or valve or by expan-

sicn strain of the piping. Below the ‘seat and valve a manhole

11” by 20” is riveted, on which is bolted a light door, the joints be-

34. THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

ing properly machined to fit air-tight. Through this the valve and

seat may be observed while they are being adjusted.

Gas-inlet valve. Butterfly valve-—To ‘the side of the wesaghik

casing of the hot-blast valve we will attach an elbow to which shall

be bolted a gas-inlet valve with a water-cooled valve and seat, 24”

in diameter clear w ay. This valve will be operated by a rack and

pinion, and, as great aceumul: itions of dirt oecur in this valve

6U and in the rack teeth, a slide valve is provided, to be used

when the blast is on for cleaning out this dirt by the blast.

Connecting this valve with the gas main there will be a pipe pro-

vided with a butterfly regulating valve, made so as to be replaced

with great ease.

Chimney valve-—The chimney valve will be 46 inches in diam-

eter clear way. The valve is hollow, and by the action of the

chimney draft the air is drawn Into it through the stem and cireu-

lating around the dise keeps it very cool. The seat is cooled by the

air being drawn from the outside into the hollow space between ze

walls by the chininey draft. This seat is set in a ring riveted to ¢

wrought shell forming the bottom of the chimney, to which is riv-

eted the body piece of the valve chamber , and to this is bolted the

cap carrying the ball-seated gland through which the stem plays.

This valve is operated by a rack and pinion from the ground in

front of the stove.

Chimney. Chimney bracing.—Above the valve rises the chim-

ney, whic th is 45 feet high all told from the top of the stove, and is

lined with fire-brick half way up to a clear way of ob inches. The

plate Iron composing it Is Py In. thick at the bottom and gradually

thins to ; - thick at the top, where it is stiffened with a band of

Iron 2@3}x 3. Thew eight of the chimney is received by five strats,

composed of three T bars 5’ x 3 and two eye beams 7” deep. ‘I hese

struts actas tle-braces and sivas compressive action is received either

by the walls of the shell or by the roof stiffened by a 7-inch eye’

beam bent round and riveted to it. :

Cold-blast valve. Ease of operating the stoyes.—Alongside of

this chimney valve is the cold-blast valve, 26 inches clear way. This

valve is operated by a rack and pinion and wire rope from the

ground in frontof thestove. There isno running around the stoves

required; no possibility of mistake is offered; time is saved and

any man in half hour can be used as stove-tender. All the valves

are together and numbered according to the order of operating.

This valve has a small slide valve on top of it, which au tomatically

opens first, through which tie stove is filled and a balance of press-

ure is established, after which the large or main valve will move

freely and without wear.

61 Platforms.—To get about on top and reach both the chim-—

ney and cold-blast valves in a convenient manner a gallery

1s provided on one side formed of open east plates secured to br ack-

ets, which are surrounded with a wrought-iron railing. This gal-

lery is approached by a wrought-iron ladder from the ground, made

of 2 inches x ;‘, Inch iron side and | y-lnch rounds.

Air valve. Cleaning crane. Convenience of apparatus.—The

fs

ov

we)

CO. VS. GORDON STROBEL ET AL., ETC.

main air valve is placed underneath the gas-inlet port and isa pop-

pet valve 24 inches in diameter. It sets upon the door of a clean-

ing port, which is hinged toa frame. This whole door and valve

may be at once removed to clean the bottom of the combustion

chamber. ‘The port has a clear oblong opening of 36/7 x 36’. On

the top of the combustion chamber there is another port of the same

size, below which there is a wrought-iron gallery. From this gal-

lery a cleaning device is operated by which in an hour’s time each

consecutive flue in the first down pass may be swept with steam or

tblast. One of the cleaning cranes is permanently fastened to each

Wtove shell and is permanently connected with blast and steam. It

PrOonly necessary to open the swinging door and turn on the blast

ata team and swing the erane in the opening, all of which one man

Wan do. A convenient apparatus will be often used and an accu-

inudation of dirt avoided. It is this that has been suffered to form

that renders stoves so inactive, and, no matter how good a cleaner

may be, if it is difficult to use its use will be neglected.

Kyesights.—Evesights, with very neat and convenient peep-holes,

are riveted at three points to observe combustion, by. the appear-

ance of which the gas and air supply is regulated.

Water pipes.— Water valves, pipes, and hose will be attached to

several inlets and outlets of the water-cooled valves and seats in a

very workman-like and substantial manner.

Brick-work. Combustion chamber. Down pass. Chimney pass.

Tndependent expansion in hot & cold chimney side. No packing.

Limit.-—The brick-work will be lined close and tightly throughout.

The combustion chamber and arch roof will be of first-class refrac-

tory fire-brick of the Scioto No. 1 or equal character. In the

¢. . , .

S32 down pass the spaces will be 9 in. square and the walls 4 & 4

" in. thiek. Tt will be laid with a good bond throughout,

“ying into the combustion-chamber wall, the circle wall, and the

middle or dividing wall. It will be laid with the No. 1 of the

Scioto or equally good character. There will be 7 arches 9 in. thick

and 15 in. deep, having a spring of 6 ft. 7 in., and these, together

with the bond in the walls, support the cheeker-work. The last

or chimney pass Is composed of 11 & din. x O1in. x 2 j in. bricks

laid in a thorough bond to form 4 & 3 in.x4 & 3 openings with

2&1 in. walls. These will be of No. 2 Scioto or No. 1 St. Louis

charaeter and will be all carefully pressed and laid with dipped

clay. The entire chimney pass will be laid without any bond with

the hot side, that each system may expand and contract without

racking the other. On top of the chimney arch the chimney brick-

work rests, which has no fastening to metal-work In any way, but

is contained in a metal casing and may play up and down the

chimney. Such is the design of construction that no tendeney

exists for currents towards the stove shell, and the heretofore pack-

ing required between the bricks and shell, so fruitful of strains, has

been entirely done away with without even a hot spot appearing on

the shell.

The stoves are each complete and ready to be dried up and used.

The construction commences with and includes the cold-blast valve

36 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

and ends with the hot-blast valve casing next above that valve

proper.

All this work to be carefully painted with one coat of good min-

‘al paint.

63 Specification.

Blowing engines for the Alabama and Tennessee Coal & Iron Co.

Blowing engines. Blast valves. Rotation of blast valves. Blow-

ing- cylinder packing.—There will be seven (7) blowing engines, 477

stroke, blowing cylinder 8 84” in diameter and steam cy Jinder 36” &4

diameter. The blowing cylinder will be provided with 804 &

poppet valves for inlet of the blast and 40 4 & 1 for the oul”

All of these valves, whether inlet or outlet, will seat perpendicularly

by gravity upon a circular inserted seat, provided with screw-formed

ribs or arms, which will slightly rotate the dise valwe at each lift.

By this continued rotation the leather face will wear smooth and

not cut on the ribs. When any one ef these valves require- replac-

ing the least trouble will be experienced, as each seat of each4 & 3

inch valve can be at once removed without disturbing any of the

other valves or seats. The blowing-engine pistons will be pro-

vided with brass packing rings set out with springs. These springs

may be readily exchanged by removing a light sectional follower.

Steam-piston packing. Self-adjusting cross-head. Guide-bars.

Steam ecylinder—The steam piston is constructed with the best

spring packing, the follower being on top and the nut to fasten the

piston also on top. The piston rod is in two pieces, each 5 & 3” in

diameter in the rod portion. The upper rod, that passing into wi

blowing eylinder, has forged upon it a boss, into which the stea

rod is ke ved, thus m: aking the two rods one, yet independent of ue

eross-head. Through the boss in the upper rod is shrank a pin 5/

in diameter, and on this is hung and will oscillate the steel cross

head, which shall be 22” deep, 7 thickness of the flanges, 9 ft. 3 & 3

in. distance from centre tocentre of the side-rod bearings. The ecross-

head is guided by four guide-bars, upon which play slippers 9 x 16”,

which are adjustable with screws and nuts. These slides are placed

so far apart that the cross-head may be introduced between them

freely. The ste-m cylinder, 36” in diameter in clear, is of

64 the best cylinder metal and bored and faced with the great-

est accuracy. its metal walls are 1 & 2” inehes thick, and

flanges 2&1" thick. The heads are h ‘avily braced and the stuffer

is 5” deep an d bushed with brass rings.

Valves. Valve gear.—Double-beat balance poppet valves. Steam

valves, 5 & 3” and 6” and exhaust 6” and 6 & 34”, and will be op-

erated by an adjustable eccentric cut-off gear, capable of a regula-

tion from one-quartér to three-quarter-, followed instantaneously

while the engine isin motion and always maintaining exact lead and

cut-off. ‘This gear has no traps or let-go catches or springs. It is

quite as reliable as a common eccentric.

Main shaft. Ily-wheels—The shaft, 12 —- in diameter, is of

yn

Lag ae Me

4

a

is

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t

4

£

4.

CO. VS. GORDON STROBEL ET AL., ETC. o7

hammered wrought iron, revolving in babbitted bearings fitted into

the main bed plate; the bearings are 12’ in diameter and 24” in

length on each side. On this shaft is shrunk and keved two built

fly-wheels 15 & 3 feet in diameter and 10 tons each in weight. The

centres of these are faced and bored and keyed on the shaft, after

which the wrist-pin holes are bored out and pins shrunk in, ensur-

Ing an accuracy that cannot be obtained where the keying is done

after the wheels are bored for the wrist-pins.

Wrist-pins. Accuraey of boring. Speed.—These wrist-pins are

6 & din. in diameter and 6&2 in. in length of bearings. ‘The

whole engine put up in the most eareful mechanical manner of ap-

proved designs for economy of steam (will be guaranteed to run well

at a speed of 45 revolutions under constant regular work and to a

blast pressure of 10 pounds per square inch. It may, however, be

tested at a speed of 60 revolutions, at which speed we guarantee its

perfect action). Around all of these engines at a suitable height

for ready attention to the blowing-cylinder valves will be placed a

lattice gallery, supported by iron brackets and iron girders.

65 Specifications.

(3) Three casting-houses, accompanying proposition to Alabama &

Tennessee C. & IL. Co.

Roof.—The casting-houses will be brick buildings, covered with an

iron roof 00’ span and 100% long and 25’ high to eaves. There will

be 12 trusses in each roof, the main members of whieh will be made

of 3 &@ x38 &}; the bars braced with double struts and tie-bars ;

2x3 angle purlins will be disposed at 36” intervals upon these

rafters, and to these purlins No. 20 corrugated sheet-iron roofing

will be attached.

Ventilators.—The ventilators will be 72’” wide and 48” high, ex-

tending over all the trusses except one. It will be strongly braced

and covered with No. 20 corrugated iron.

The brick walls will be 18” thick and under each rafter they will

be thickened by 18” pilasters. There will be 12 doorways on each

building and three upon each of the lower gable ends. The lower

corners of these doors will be protected with cast-lron jam plates

built into the walls. The walls will be 24” high from top of hearth

level.

Overhead tracks over each pig-bed, with cradle tocarry 1 & 3 tons

of pig metal, will be erected in place in a most substantial manner.

The trolly is to be provided with frietion, less Journal bearings to

avoid the use of oil.

Boilers.—12 Babeock and Wileox boilers, set in six batteries ;

total heating surface, 21,450 square feet.

Sections.—There are to be 12 boilers, arranged and set in 6 bat-

teries, each boiler to be composed of 10 sections or slabs, each seetion

to be composed of eight best lap-welded wrought-Iron tubes 4’

diameter and 18 feet long, connected at the ends by continuous

staggered headers or “ uptakes ” and “ downtakes;” the tubes to be

36 TH

358 THE SHEFFIELD & BIRMINGHAM COAT, IRON & RAILWAY

7e

fastened therein by being expanded into taper holes; each “ header”

to be provided with manholes, placed opposite the end of each tube,

of sufficient size to permit the cleaning, removal, and renewal of a

tube through the same; each handhole provided with a cap fast-

ened with wrought-iron bolts and clamps and top nut, all joints

being made tight without packing of any kind; the several

66 sections to be connected at each end to a steam and mud

drum, and at one end with a mud drum by means of lap-

welded wrought-iron tubes 4” diameter and of suitable length, ex-

panded into bored holes.

The four steam drums to each battery are to be 80” diameter and

18 ft. 7 in. long, made of flange iron jy; in. thick, the longitudinous

seams double-rivetted, each to have a manhole in front ends, two

nozzles, one for safety valve and one for taking off steam, 4” diameter,

the main steam outlet being 6” in clear. Each battery will be

supported by wrought beams set on iron columns, with cast based

plates properly secured, so that the boilers shall be sustained entirely

independent of the brick-work and free to expand or contract with-

out affecting the same and so that the brick-work may be removed

and renewed if required without disturbing the boilers and connec-

tions. |

Fittings.—Each boiler to be provided with two Consolidated Co.’s

nickel-seated safety valves 3 & 3” diameter, set to blow off at 90

pounds pressure.

One steam guage dial 10 in. in diameter.

One stand-pipe with large-sized glass water guage, fitted with in-

dependent cleaning pipes and valves, and three patent guage cocks

with lifting handles.

One check-valve.

One stop-valve.

One blow-off valve.

One stop-valve ? in. diameter for cleaning pipe connections.

The necessary pipes and fittings for fixing all of the above boilers.

The front to be our “Special” pattern, containing two fire-doors

with registers, 2 double ash-pit doors, and large doors for access to

the ends of the tubes, all the parts to be ample in strength, joints

fitted and to be fitted with one of our large gas burners.

The fixtures for each battery of boilers to consist of a full set of

erate bars with bearers, dead plate and girders, flame bridge plates

with bolts, and special fire-bricks for lining the flame bridges, bridge

wall girders and bars, bender & bolts, 6 ash and ten cleaning doors

for access to the exterior of the tubes and the flues for cleaning, one

damper with frame and the requisite lintels for openings in

G7 walls, smoke-chamber tees, and anchor bolts for fronts.

Tools.—A steel wrench fitting the manhole nuts, a pair of

tube-serapers with handles, a set of fire tools, consisting of pokers,

slice-bar, and hoe, and hose and pipe for blowing dust from exterior

of tubes.

Testing.—The sections and mud drums to be tested and made

tight under a hydraulic pressure of three hundred Ibs. per square

5

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CO. VS. GORDON STROBEL ET AUL., ETC. 39

inch end the steam and water drums to be tested and made tight

under a hydraulie pressure of 150 Ibs. per square inch.

All the material and workmanship to be first class 1n every par-

ticular.

Stoek-house.—The stock-lhouse will be constructed of wood, seventy

(70) feet. span from centre to centre of posts and (400) four hundred

feet long from end to end. It will be divided into forty (40)

panels ten (10) feet each. The posts will be 10” x 10” yvellow-pine

timbers and (30) thirty feet high, strongly framed.

The main members of the rafters will be 7” x 8”, strongly trussed

and bound together with iron bolts; four (4) inch wooden purlines,

placed 32” apart, will be fastened to those rafters and upon these

will be securely nailed a No. 24 corrugated iron roofing on this

entire structure and over a six-foot extension on each side of it,

thus making the covered surface $2 feet wide and 400 feet long. A

two-inch flooring spiked to 5’ x 5’ stringers will cover the entire

space within the posts. This building is to be a thoroughly strong

structure. It is not to be painted, neither have we the tresseling to

put in for the railroad tracks. At three points suitably located for

the hoist-towers we will place a six-beam Fairbanks charging scale

of the most approved pattern.

The hoist and scale pits are to be thoroughly drained and an eave

trough with spouting of ample and satisfactory dimensions securely

placed along the roof edge next the furnaces draining into the stock-

house drains.

Charging barrows.—The barrows, 36 in all, half for fuel and half

for ore and limestone, are to be made with steel-plate bodies #6”

thick at the bottoms and 1” thick at the sides and corners, formed

on 1 & } x 1) angle iron all around the edge. ‘The wheels are fast

on the axle, each wheel having an independent axle and roll-

6S ing either way independent of the other axle. The wheels

are all of wrought iron except the hubs. 3

Engine-house.

Walls.—The engine-house will be 120 feet by 34 feet over all and

30 high from the ground line to the eaves of the building. The

walls will be of brick 13 & 3 in. thick with 4 & } pilasters. There

will be built in the sides of these walls two large doors, windows,

air ports, and small doors.

Floor.—The floor will be made of 2” yellow pine spiked to 14”’ x

3” joists placed 14 centres and properly bridged. At suitable loea-

tions two vise benches and vises will be placed.

Roof.—The roof will be a frame structure of such strength that

the heaviest piece of the engine may be hoisted upon it. The roof

will be covered with No. 28 crimped iron, painted, laid on close-

fitting sheeting. A neat cornice will be placed upon the eaves of the

building and proper water spouts erected to avoid dripping about

the building.

Feed-pumps.—To feed the boilers three duplex plunger pumps

will be provided, set in the engine-room. ‘These pumps have 12”

steam cylinders, 7’’ water plunger, and 10” stroke.

7

40 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

Heaters.—Within this building will be placed 7 water-tube heat-

ers 24’. in diameter x 10” high. They will contain 30 tubes of 2”

diameter of corrugated copper. These heaters will — constructed

with removable bottom and top, and so arranged that the tubes

through which the water flows ean be scraped out without delay

and while the blowing engine is going. ‘There is a safety valve at-

tached on top to avoid undue strain should the boiler tender

elose the stop-valves too closely for the feed-pump speed. The

water from the feed-pump passes in at the bottom and out at the

top, ateach of which points proper stop-valves are provided. To

each heater the exhaust-steam pipe of the main engine will be at-

tached, and from it the exhaust-steam pipe will pass up above the

roof of the house. If it is desired to feed the boilers while the main

engine is stopped a live-steam pipe provided may be used to heat

the water.

69 River pumps, dry well, water tanks, and piping.

On the river bank will be constructed a wrought-iron tank 14’

diameter of top, 17’ diameter of bottom, and 26’ high, made of plate

iron 3/’,9."" to 33," thick, riveted and caulked water-tight and stif-

fened with angle and tie bars. It will be’ placed on foundations

sufliciently low that the pumps within may at the lowest stage of

the river draw the water, and the sides of the tank will be suffi-

ciently high as not to be submerged by the highest known water.

On the bottom of this dry well will be riveted four I beams, on

whieh will be bolted two duplex steam pumps, steam eylinders 18//

in diam., water piston 12’ diameter and stroke 10’. These pumps

have 8” suction and discharge 10” in diameter, and in each of these

connections the stop-valves will be placed that either pump may be

thrown offat pleasure. The suction will pass water-tight through

the dry well ortank outin the river channel and the 10” discharge

pipe will discharge its water into the reservoir. We are to dig out

and wall up in cement on the ground near the furnaces. From

this reservoir will be drawn the water by. three duplex pumps same

size as above through a 12” suction and discharge it through a 12’

discharge pipe into the water tanks or independent pipes of equal

capacity.

The two water tanks will be 20 feet diameter and 15 feet high,

composed of plate iron 14 Ibs. per square foot at the bottom and thin-

ning to seven Ibs. on the top. These tanks will be supported on

S columns of cast iron stoutly trussed and set in foundation plates.

To each and from each will lead 8’ water pipes, and they will be

provided with overflow and washout piping. ‘These tanks will be

sway bottom and the washout will be placed in the lower point. In

this way all the settling may be removed by flushing them.

Three (5) hoist-towers.

Hoist-tower, columns, struts, guides, roof.—The hoist-tower will

be 93 ft. high from the floor of the stock-house to the upper end of

CO. VS. GORDON STROBEL ET AL., ETC. 41

the columns. There will be six columns, composed of two

10 channel irons of 7’ width, 42 pounds per yard, latticed to

each other, placed 8’ 6” from centre to centre. The joints

will be butt-strapped. The struts, all around and between the cen-

ter columns, will be 5” eye beams and_ tie-rods 1’ diameter, with

turn-buckles and adjusting screws, will cross at each lattice, except

that used to put the buggies on the cages and to take them off. The

guides will be made of wood upon which the safety grips bond.

These are secured to 7” channel irons running all the way upand

down each side of each cage space. This structure is provided with

a 12’ eye beam crossing and secured to three columns. This beam

supports the ends of the bridge beams from the furnace. On top

of this structure four yellow-pine beams will sustain the four sheaves

on Which the hoisting rope plays. A wrought framing will carry a

No. 20 corrugated iron roof, and the sides down to the level of the

platform will have No. 22 corrugated irons sheeting secured to

proper purlins, A house 10’ 3” x 15’ 3” constructed of brick will

be built in contact with this tower to contain the hoisting engine.

It will be well and strongiy made, with proper doors and windows,

neatly floored and roofed. All the iron-work to be painted with one

coat of good mineral paint.

Hoist-engine.—The hoist-engine will be of the automatic type,

double cylinders, 12” stroke, 10” diameter, with brakes and automatie

stop, steel ropes from druta. Hand line by which the engine will

be handled by the top filler is conveyed vver guide-sheaves. This

engine operates two cages, balancing each other, 7’ x 7’ in size, upon

which the unbalanced load of 2,500 pounds can be hoisted with

proper speed. The cages are furnished with safety pawls. This

engine will be equal in all respects to the best made.

Three (3) hot-blast mains.

Hot-blast inain, drop-valve—The hot-blast main will consist of

a wrought, riveted, and caulked piping 44” in diameter, made of

~;"’ plate iron. It will be connected by easy circular elbows

and mitred branehes to the hot-blast valve casings. This will

be lined with fire-brick to a clear diameter of 26%. It will be

swung from each hot-blast casing with a 1 & $$” hanger rod,

with adjustable stirrups, and io each hot-blast casing

71 by riveting on two 4 x 6” angle iron 4 feet long, and through

these and through a forging eye on the rod a pin 1 & 3 inch

diam. will pass. On each hot main we will rivet a 10” automatie

drop-valve to permit the escape of gas when blast is off the furnace,

all painted outside with one coat of mineral paint.

Cold-blast mains.

The blowing engines will be connected to the cold-blast mains by

by branches in which there will be 12 cut-off valves 24 in. diameter

in the clear. The cold main will be 30” in diameter, made of $/

plate iron. It will be connected with the cold-blast valves of the

fire-brick stoves with flanges and be carried by proper gussets and

6—424

7

42 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

supports to prevent swaying or motion, this to be carefully painted

on the outside with good mineral paint. ach of the 7 blowing

engines will be connected to the cold-blast main pipes sothat either

of 4 engines nay be used on one furnace by the aid of the 24” cut-

off valve above.

Sewers.

A cireular sewer, 30’ in diameter in the clear, made of well-

burned bricks on edge to center, will extend from the remote fur-

nace to the engine-house and to the boilers and thence to the reser-

voir. All the waste water from the furnaces, stoves, heaters, and

boilers will be emptied into the sewer and through it be conveved

to the reservoir, at each furnace, at the engine-hosse, and at the

boiler necks will be built to the sewer into which the waste water

will empty. The relative altitude of this sewer and the reservoir

wiil provide a suitable fall to the sewer and then empty Into the

upper portion of the reservoir. The furnace flues carrying the gases

from them to the boilers and stoves will be constructed of 9” fire-

brick walls and arch and 4 & $ inch bottom. It will be made ina

horseshoe shape and the bricks laid carefully in clay where it passes

through good, solid earth. After the flues are built good,

72 dry earth will will be carefully rammed in all around and up

to the top of arch; but where the earth is wet or unsuitable

for the flue, retaining walls of stone laid in cement will be put in.

At intervals of 18 feet a cleaning explosion door will be built into

the arch two feet wide and 4 feet long. Spars from the flue will

convey the gus to the stoves & boilers. This flue will commence

with an area of 30 square feet ull reaching near the second down-

comer, then enlarge to an area of 40 square feet and diminish grad-

ually as the gas is taken away for the stoves and the boilers, but at

the very end will be not less than a clear area of 17 square ft.

veservolrs.

A reservoir will be excavated at a suitable location near the en-

gine-house, having an area after being lined of 6,000 sq. ft. This

will be walled with 9 inches of good red brick laid in cement and

slightly inclined outerward ; a depth of 6 ft. outside of this wall the

arth will be rammed in hard. The bottom will be formed of bricks

laid in cement upon a thoroughly hard-rammed bed of clay. The

whole is to be made water-tight and serviceable, and should the lo-

eation develop imperfect bottom for such a floor the same is to be

made suitable with cement or otherwise. The water from the river

pumps will empty into this and from it the water is to be drawn to

supply the tanks; an overflow will be provided to carry the excess

of water to the river.

Foundations.—The foundations will be built on suitably pre-

pared earth or stone natural bed, or when such is not found at the

desired line the bed will be made secure by such engineering expe:

dients as will be miost suitable to the situation. They will consist

for the outer edge of stock-house of stone piers well set, 2 feet square

on top and varying in width of base to the height. On the river

se

> ~~

i yea

CO. VS. GORDON STROBEL ET AL., ETC. 43

edge there will be a continuous rubble wall cf ample strength, its

thickness being made to suit the height found desirable. The fur-

nace foundations will be laid in sandstone, total depth from hearth

down being not less than 12 ft. The top willeconsist of No. 2 fire-

brick, forming the wall in which is built the hearth bottom. The

sandstone will be lain in careful bridge bond and well grouted. The

stone foundations will be stone masonry well bonded and with lib-

eral use of mortar. They will be solid throughout and

793 capped with 12 inches of good hard red brick.

The engine-house foundations will be laid, say, 10 ft. deep, or

up to the level of the furnace surroundings, and to be 2 ft. wide at top

and 3 ft. at the bottom. The engine foundations will be hard red-

burned brick laid solid and compact in cement. The easting-house

and boiler walls, retaining walls fer cinder pits, tank and pump

foundation are all to be a thoroughly good rabble-work, laid in

mortar, of reasonable sized stones. All the foundations are to be

fully competent for the duty required ; to be made of suitable ma-

terial and first-class workmanship.

Miscellaneous.

We also propose to furnish a water bosh for the tools of each fur- .

nace piping and hose for pig-bed purposes, three pyrometers, three

mercurial blast guages ip the engine-house and one at each furnace,

and special wrenches for the engines, oilers for the engine cylin-

ders and bearings, the engines and pumps to be properly packed

and ready for use. We do not, however, include the felting or cov-

ering thought to be desirable to steam and water piping and ves-

sels, nor the small and moveable tools (other than enumerated),

such as sledges, stopping hooks, bars, eutters, files, lamps, oil cans,

and oil vessels; neither is the sand in pig-bed included, nor cinder

nor iron ears or buggies or trucks of any kind, or railroad scales.

Around the furnace, stoves, engine-house, and boilers the ground

will be carefully leveled off, giving it a suitable pitch for surface

drainage, and the clay floor well rammed.

We accept above specifications in full as written.

ALABAMA AND TENNESSEE

— COAL & IRON CO.,,

By By EDWARD DOUD, Supt.

44 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

74 (D.)

Evidence & Exhibits of Jas. C. Gray. Filed in Clerk’s Office July 19th,

1890. A. W. McCullough, Clerk.

79 In the Cireuit Court of the United States for the Northern

District & Northern Division of Alabama, at Huntsville.

JENTRAL TRusT COMPANY OF NEW YORK

US.

SHEFFIELD & BIRMINGHAM CoaL, IRon & RAILWAY COMPANY |

and Another.

“videnece submitted in the petition and intervention of Gordon,

Strobel & Laureau, Limited. before the Hon. D. D. Shelby, master

in chancery, at his office, in Huntsville, Ala., Wednesday, Septem-

ber 11th, 1889, all parties at interest being represented by counsel.

Intervenors offer in evidence, first, the original contract set out as

Exhibit A B to the petition, it being agreed that the copy attached

to the petition may be used in lieu of the original.

Jas. C. GRAY sworn for the intervenors.

Direct examination by Mr. GuNTER:

Q. Are you at present a member of the firm of Gordon, Strobel

and Laureau ?

No, sir.

What connection did you have with them ?

I was their general Southern agent.

When this original contract was entered into?

No, sir; about a month subsequent.

Gordon, Strobel & Laureau went on and constructed the works

proposed in this contract ? |

A. Yes, sir.

Q. State what you know about the work being accepted by said

company.

A. (Exhibits letter of acceptance.)

Q. Who was president of the party for whom the furnaces were

erected at that time?

A. Mr. E. W. Cole, of Nashville.

Q. Did you give them any notice in reference to the acceptance of

the work?

A. Yes, sir; we did. (Reads copy of telegram sent E. W.

Cole.)

76 ~ Counsel for defendants object to the reading of any tele-

gram purporting to be a copy of one sent E. W. Cole.

sPPrerer

By Judge BRICKELL:

Q. Are those the words of a telegram sent Col. Cole?

A. They are.

o

CO. VS. GORDON STROBEL ET AI., ETC. 45

By Mr. Wuirte:

Q. Was the telegram furnished tie telegraph office in writing,

do you know?

I do not know.

. Did you send the telegram ?

No, sir.

You have no practical knowledge of what occurred ?

It was submitted to me.

At what time?

Subsequent to the sending; probably two weeks.

By Mr. Guster:

Q. Do you know whether or not any telegram was received from

Mr. Cole?

A. I have it here.

Q. Do you know it was received ?

A. It was handed to me either by Mr. Hammond or Mr. Gordon,

who were at Sheffield.

. Did you receive an acceptance from same person ?

A. This letter was received by our Philadelphia office.

Q. Did you make application to Mr. Doud to have it accepted ?

A. Mr. Gordon did; [ was not present.

Q. Did your Philadelphia office receive this letter ?

Yes, sir.

POPOb>O>

Intervenors here introduce a letter, marked Exhibit No. 1 to the

depositions of Mr. Gray.

Do you know Mr. Doud?

Yes, sir.

What position did he then hold with respect to that company ?

He was superintendent of the furnace department.

. How long had he been so up to that time ?

. From either January or February, 1887.

How long did he continue so afterwards ?

Until some time in the latter part of 1888.

POPOPODES

By Judge ToMPKINs:

_ What is the date of that letter?

. August 18, 1888.

77 By Mr. GuNTER:

State what amounts of payments had been made on the con-

tract up to the filing of that lien and what balance was due.

$514,500 was paid up to the date of filing the lien.

No payments since August 18th, 1588?

No, sir.

There was how much paid ?

. $514,500.

Any payments made since the acceptance?

The last was about August 15th, 1888.

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46 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

Q. What was the amount of the contract?

A. $564,000.

Q. Was there anything extra?

A. Yes, sir; freight excess, $9,618.16, and $1,194.50 for material

furnished them after blowing i in the first furnace.

Q. The total was how much ?

A. $574,812.66.

Q. How much had been paid on that ?

A. $514,500.

Q. Leaving a balance of how much ?

A. $60,312.66.

Q. What position did you hold with respect to these intervenors

while this work was going on?

A. I was Southern agent, attended to collecting, etc., with my office

at Nashville.

Q. Did you render bills to defendant- as regards freights?

A. Yes, sir; I did.

Q. They made payments on them ?

A. Yes, sir; they did.

Q. Did they make any objection to the excess of freights?

A. Yes, sir; from time to time, as objections were made to them

by the railroad company.

Q. Did they make any objection to the excess of freights as being

a part of the charge under the contract?

A. No, sir; and payments were made on this as a part of the

recular work.

Q. Have you any letters or accounts rendered showing excess

freights and payments on them ?

A. - Yes; sir.

(Intervenors introduce letter from secretary of the Sheffield &

Birmingham Coal, Iron & R’y Co. and one paper attached thereto

in explanation thereof, marked Exhibit No. 2.

Also letter from same party, with four papers attached, re-

78 lating to excess freights, marked Exhibit No. 3.

Also letter, with one paper attached, marked Exhibit

No. 4. |

Also letter on same subject, with two papers attached, marked

Exhibit No. 5.

Also letter, with three papers attached, marked Exhibit No. 6.

Also a letter marked Exhibit No. 7.

Also a letter, with one paper attached, marked Exhibit No. 8.)

Q. The whole amount of your excess freight was $9,618.16 ?

A. Yes, sir.

Q. That entered into the general account ?

A. Yes, sir.

Q. The original contract price was $564,000, on a basis of

freight at 13}c. per hundred pounds. You had to pay in excess

$9,618.16?

A. Yes, sir.

Q. So that increased the price that amount?

CO. VS: GORDON STROBEL ET AL., ETC. 47

A. Yes, sir.

(J. The price was inereased by materials furnished, which they

ordered from you after the acceptance, to the amount of $1,194.50 ?

A. Yes, sir.

@. You rendered the bill ?

A. No, sir; it was rendered directly from our Philadelphia office

and did not come through me.

. You rendered statements ?

A. Our firm did.

Q. Was there any objections made?

A. I cannot say.

Q. The total, then, was $574,812.66, and on that payments have

been made of $514,500 ?

A. Yes, sir.

Q. What payments were made up to August 8th, 1888 ?

A. The last payment was $5,000, and was made August 15th.

Q. That would be $509,500 up to the Sth August ?

A. Yes, sir.

Q. The balance due them is $60,312.66 ?

A. Yes,sir.

Intervenor- then introduced the mechanical lien filed, marked

Exhibit No. 8.

Cross-examination by Mr. WHITE:

(). Are you testifying in these matters on your own knowledge or

from information given you ?

A. From my own knowledge.

(). These payments you testify to were made through you ?

A. Yes, sir.

79 Q. The payment on the Sth was made through you ?

A. Yes, sir.

Q. Did you pay these excess freights or did you get your informa-

tion from books concerning them ?

A. From the bills themselves.

Q. What bills?

A. Issued to us as receipts by the railroad companies at Sheffield.

(Q. These bills were issued by the carriers at your foundry ?

A. No, sir; by the railroad agent at Sheffield.

Q. When freights came to Sheffield the rates were more than

133c.?

Q. These letters are in reply to bills rendered by you upon in-

formation from Sheffield ?

A. Yes, sir.

Q. Have you got these bills?

A. No, sir.

Q. Where are they ?

A. I expect they are in the hands of the general freight agent at

Louisviile.

--Q. General freight agent of what?

ittvitndianivabgaitietiatiaben’ ce

a

DP

THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

Of the Louisville & Nashville railroad. .

How did they get in his hands?

This company arranged with the Louisville & Nashville rail-

road to earry their freight : at certain rates.

Do you know that these bills are back there?

I know it from information of Mr. Jones.

You - not know it of your own knowledge at all? N

No, s]

What did you do with the bills?

Presented them to Mr. Jones.

You have never seen them in this State since that time?

No, sir, as the office was in Nashville?

Then that $9,000 excess has been paid?

No, sir; there is a balance due of about $2,500.

As you rendered bills for excess freights you were paid on them

to the extent of those letters ?

A. We were paid about $7,000.

Q. That account was kept separate from the construction ac-

count ?

SO A. It was at one time, but was separated at Mr. Jones’s re-

uest.

Q. Then it was kept separate and you were given credits, accord-

ing to these letters, against a certain fund that had been established

for this freight ?

A. No, sir; it was considered a part of the contract.

Q. Were there not two separate accounts kept, one a construction

account and one an excess-freight account ?

A. No, sir.

Q. Where did he place these credits?

A. In our estimated accounts.

Q. You have kept them separate?

A. I kept the bills that I rendered separate from the estimate for

the reason that the estimate account was kept in Philadelphia and

the freight account in my office In Nashville.

@. You made a memorandum of all these freight accounts so as

to keep them separate, didn’t you?

A. Yes, sir. I ean tell all bills that I rendered them from the

account; the freight matters all went through me. Fora few months

they came from the Philadelphia office, but after that I had charge :

of them. They (that is, the bills for a few months) weresent by me

to the Philadelphia office and then returned.

Q. How did you know Mr. Doud was superintendent of that com- , >. ,

pany? Ever see any order appointing him? |

A. No, sir; but simply from seeing bim exercising the powers of

snperintendent.

Or

crOrererere:

Redirect by Mr. GuNTER:

Q. When the freights came to Sheffield bills were rendered to vour

company, were they not, and you paid them ? |

A. Yes, sir.

CO. VS. GORDON STROBEL ET AL., ETC. 49

Q. Then you took the bills and rendered accounts of excess freights

to whom ?

A. Yothe Alabama & Tennessee Coal & Iron Co. at Nashville,

and these letters were in reply to those communications; there were

a few returned to me, but not of any account.

Recross by Mr. WHITE:

Q. What do you mean by not of any account?

A. A fewin which errors had been made and which came

81 over a different road. They were returned for correction.

JAMES C. GRAY.

82 Alabama & Tennessee Coal & Iron Co., producers of pig-iron,

coke, & coal.

NASHVILLE, TENN., October 21st, 1887.

Sheffield & birmingham Coal, Iron & Railway Co.

Messrs. Gordon, Strobel & Laureau, Nashville, Tenn.

Gents: I have this day placed to the credit of your ex-

cess-freight account $540.84, being the amount of your

i i eg TS

a if Less deduction of J. M. Culp, G. IF’. A., as explained in this

SOC Gi nid santo exit ane iamnceensennpe ae

$545 84

Yours truly, | WM. S. JONES, Secretary.

(Copy.)

| ots) Louisville & Nashville Railroad Co., office of gen. freight

agent. John M. Culp., gen. fr’t agent; Andrew Broaddus,

ass’t gen. fr’t agent.

In your reply refer to claim No. B 10604.

ry LouISsvILLE, Ky., 10, 10, 1887.

Alabama & Tenn. Coal & Iron Co., Nashville, Tenn.

. > 5 Deak Sirs: Your claim for $682.57 has to-day been vouchered for

$545.84. The difference between am’t as claimed & am’t of voucher

is on ace’t of charges paid at Cincinnati, $135.01, and at Lexington,

$4.76. :

ie Yours truly, J. M. CULP, G. F. A.

(Copvy.)

7—424

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H

CO. VS. GORDON STROBEL ET AlL., ETC. ol

Louisville & Nashville Railroad Co., office of gen. freight agent.

John M. Culp, gen. frt agent; Andrew Broaddus, ass’t gen. fr’t

agent.

In your reply refer to claim No. B3324.

] ; O. ry i ‘ “ ~* aa . ry

Alabama & Tennessee Coal & Iron Co., Nashville, Tenn

Dear Sirs: [attach herewith peneil mem. showing amount of

overcharge due you in above claim. I have issued voucher in your

favor for this amount, viz., $1,118.91.

rm ’ . . . . *. ~ -_

Phe paid freight bill attached was included in your claim 938295,

aud the overcharge refunded in that claim.

Yours truly, J. M. CULP, G. £. A.

Soda

Machinery bills. Charges. L. & M. M. & C. Total.

339,051 a 1} 745 8d 416 3d 1,165 ol

Sh’d be.

300,051 &d 11 92e. 318 61 Se. 268 30 590 O02

427 24 148 25 ofa 49

Brick.

700,900 439 99d 995 17 494 49 1,929 58

Sh'd be.

700,900 439 95 Oke. 665 85. 4e. 280 36 1,386 16

329 32 214 10 043 42

Claim B 3324, 10, 4, ’S7.

86 ALABAMA & TENNESSEE CoAL & [RON Co.,

NASHVILLE, TENN., Nov. 9th, 1887.

Sheffield & Birmingham Coal, Iron & Railway Co.

Messrs. Gordon, Strobel, & Laureau, Nashville, Tenn.

GENts: I have this day placed to the credit of your excess freight

account $25.92, being the amount of your bill of October 6th last as

rendered.

Yours truly,

(Copy.)

WM. S. JONES, Sec’t’y.

ALABAMA & TENNESSEE Coat & IRON Co.,

NASHVILLE, TENN., Nov. 9th, 1887.

Sheffield & Birmingham Coal, Iron & Railway Co.

Messrs. Gordon, Strobel, & Laureau, Nashville, Tenn.

Gents: I have this day placed to the credit of your ex-

cess-freight account $466.21, being the amount of your bill

of September Oth, last day ....... 22064 .sss0s0snedaee $570 63

Less deductions made by J. M. Culp, G. F. A., as explained

ia De letter atinched .... «cdccsnes«nann sang 104 42

i alain setlists eianneaiin msdiaaaiiaaiaal $466 21

WM. S. JONES, Secretary.

Yours truly,

(Copy.)

52 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

87 LOUISVILLE, Ky., 10, 24, ’87.

Louisville & Nashville Railroad Co., office of gen. freight agent.

John M. Culp, gen. fr’t agent; Andrew Broaddus, ass’t gen. fr’t

agent.

In your reply refer to claim No. B. 9071.

Wm. S. Jones, Esq., sec’t’y, Nashville, Tenn.

Dear Sir: Your claim for $549.52 has to-day been vouchered for

$445.10. Charges on brick via Lexington, $4.16; brick via Cin-nati,

$77.34, and on machinery, $11.00.

Yours truly, J. @. CULE, @&. ¥. a.

549 52

445 10

104 42 deduct.

ALABAMA W TENNESSEE CoAL & [RON Co.,

NASHVILLE, TENN., Nov. 9th, 87.

Shefheld & Birmingham Coal, Iron & Railway Co.

Messrs. Gordon, Strobel & Laureau, Nashville, Tenn.

Gents: I have this day placed to the credit of your execess-freight

account $236.85, being the amount of your several claims.

s,s ee eae

OU a.” skirmish ilies Wii sehen deena aiaearan aan 74 67

SEG iene eeew maine scien ane

Less deductions made by J. M. Culp, G. F. A.,as explained

See UO I icicles enicte ene ans «nin een 54 09

DE sicincenatininigiamnpe witink. weien ae maealael $236 85

Yours truly, WM. 8. JONES, Secretary.

(Copy.)

88 Louisville & Nashville Railroad Co., office of general freight

agent. John M. Culp, gen. fr’t agent; Andrew Broaddus,

ass't gen. fr’t agent.

In your reply refer to claim No. B 5910.

LovlIsvILLE, Ky., 10, 24, 1887.

Wm. S. Jones, Esq., sec’t’y A. & T. C. & I. Co., Nashville, Tenn.

Dear Sir: Your claim for $224.82 has to-day been vouchered

for $174.88. The charges up to Cincinnati and Lexington are on

brick $25.00 and on machinery $29.09.

Yours truly, J. M. CULP, G. F. A.

Or

Co

CO. Vs. GORDON STROBEL ET AL., ETC.

89 ALABAMA & TENNESSEE Coat & IRON Co.,

NASHVILLE, TENN., October 19, 1887.

Shefhield & Birmingham Coal, Iron & Railway Co.

Messrs. Gordon, Strobel & Laureau, Nashville, Tenn.

DeAR Sirs: I have this day placed to your eredit

$450.55, being the amount of your claim of Octo. Sth_-_-- $519 56

Less deductions explained in letter of J. M. Culp, attv’eh’d_- = 69 O1

$450 55

Yours truly, WM. S. JONES, Secretary.

(Copy.)

Louisville & Nashville Railroad Co., office of gen. freight agent.

J. M. Culp, gen. fr’t agent; Andrew Broaddus, ass’t gen. fr’t

agent.

In your reply refer to claim No. B 10587.

LovuIsvILuE, Ky., 10, 11, ’87.

Alabama & Tennessee Coal & Iron Co., Nashville, Tenn.

Dear Sirs: Your claim for $519.54 has to-day been vouchered

for $450.55. The difference is am’t of charges paid for transfer at

Cincinnati, $64.78, and at Lexington $5.48.

Yours truly, J. M. CULP, G. F. A.

90 (Rate Indianapolis to Cin., 17c.)

Way-bill No. 808. Car No. 962, from Dec’t’r.

3-19.

Gordon, S. & L. to Memphis & Charleston Railroad, Dr., East

Tennessee, Virginia & Georgia Railroad Co., lessee.

Consignor. Articles. Marks. Weight. Amount.

| ‘jewaiiiod 1 Eng. boiler, 1 stock, 1

box, 1 b’r’l g. rods, 1

bame. wheel.

mh fe @ Gi ncone | 2 eee 21 75

i nee 42 50

aa 7,000 69 25

PUP De Giasiicmncemeensinninien 4

(Copy.)

a a aT ae eats

deat tel Geico ee enn

linden

O4 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

9] JAMEs C. GRAY re-examined for Gordon, Stroebel & Lau-

reau.

Direct examination bv Mr. GuNTER:

(). In the bill that vou rendered to the defendant for freight,

amounting to about $9,600, what amount of that sum did you pay

out for the transfer of freight in Cincinnati?

A. About $2,500.

Q. Then, Mr. Jones, in stating that it was aot more than two or

three hundred dollars, was mistaken ?

A. Yes; mistaken or misinformed.

Q. In the bill rendered for excess freight were there any items for

freight beyond Cincinnati ? |

A. No.

q). Had they been taken out of the bills rendered ?

A. That is the total of bills that I presented for excess, including

the transfer in Cincinnatl.

Cross-examination by Mr. WHITE:

Q. The transfers that you allude to were the charges for the freight

being brought from other depots in Cincinnati to the Louisville &

Nashville ?

A. Yes.

Q. There is no difference between your statement and Mr. Jones’,

with the exception of what these charges arose from ?

A. There is no difference; approximately no difference.

Re-examination by Judge BRICKELL:

Q. This balance due you here—the whole amount over was

$9,618.16—how much has been paid ?

A. Seven thousand and thirty-three dollars, according to my state-

ment.

Q. The balance that you claim now is the difference between those

amounts ? |

A. Yes.

Q. What makes up that balance?

A. The transfer charges from other depots in Cincinnati to the

Louisville and Nashville depot.

Q. These are the charges you paid the transfer companies

92 for transferring ?

A. Yes; we prepaid all our freight to Cincinnati from

Philadelphia and other places. |

Q. No part of the $2,000 which you now claim is for any freight

to Cincinnati ?

A. No. '

93 F. W. Gorpon sworn for intervenors. |

Direct examination by Mr. GuNTER:

Q. You are a member of the firm of Gordon, Stroebel & Laureau,

Limited ?

A. Yes, sir.

CO. VS. GORDON STROBEL FET ALl.., ETC. 55

Q. Mr. Gordon, after the work was completed and the plant fin-

ished, did you receive any telegram from the president of the Shef-

field & Birmingham Coal, Iron & R’y Co.?

A. I did, sir.

Q. Where is the telegram ?

A. Here it is. (Reads it.)

Q. Did you receive any letter confirming that telegram ?

A. Yes, sir. (Reads it.)

This telegram and so much of the letter as is marked are offered

and attached to Exhibit No. 1 and marked A B.

Q. When you received that telegram from Col. Cole, did you read

it to any one?

A. I carried it directly to Mr. Doud, who was then the company’s

superintendent.

Q. Did you receive from Mr. Doud any reply ?

A. He wrote me a letter in conformity with the spirit of that tele-

gram and letter, exhibited as No. 1. He wrote it whileI was in his

office and handed it to me.

Q. Mr. Gordon, after the work was accepted there is an item in

your account of $1,194.50 forextra material furnished. State what

you know about that.

A. There was a large quantity of material which Mr. Doud or-

dered from ine in his office, and the order I sent home. We have

some letters here referring to them, but I do not know that the

quantity as stated there is the quantity ordered from me. ‘There

may have been some ordered subsequently, but a considerable quan-

tity was ordered from me.

Cross-examination by Judge ToMPKINs:

Q. That material was furnished for the furnaces ?

A. I say that the order was given me and I sent it home to be

furnished, but I never saw it at the furnaces, and I do not know

that it was received. I understood that it was for the furnaces.

Q. For what purpose ?

A. For the repair of “ A” furnace.

Q. Were any material- furnished except for the repair of “A” fur-

nace?

A. I think there was something extra for ‘*B” furnace, such as

tuyere arches, ete. I cannot remember the details.

94 B- Mr. WHITE:

Q. Did you carry that telegrain from Col. Cole to Mr. Doud ?

A. I did, to his office. He then wrote the letter while I was in

his office.

Q. Did you dictate that letter ?

A. No, sir; not one word.

Q. You did not discuss the matter contained in that letter, did you ?

A. Not one word.

FRED. W. GORDON.

The intervenors here rested.

56 THE SHEFFIELD & BIRMINGHAM COAL, IRON & RAILWAY

(*Witness identifies and presents the original demand for pay-

ment as prescribed 1n contract marked Exhibit 2.)

95 (Copy of Telegram Sent Aug. 17, 1888.)

AUG. 17, 18858.

Received at 3.090 p. m. .

Dated Nashville, ‘Tenn.

To Gordon, Strobell & Laureau, Tuscumbia :

On reading the contract you will see that our company left the

matter of accepting the work entirely with the superintendent, E.

Doud. The matter of accepting the work is not left with the presi-

dent. Doud’s acceptance of the work will be in conformity with

the contract. |

EK. W. COLE, Pres’t.

(Exuipir No. 1 tro Gray’s Deposition.)

Sheffield & Birmingham Coal, Iron & Railway Company, furnace

department, I. Doud, sup’t.

SHEFFIELD, ALA., Aug. 18, 1888.

Messrs. Gordon, Strobel & Laureau, Philadelphia, Penn.

GENTLEMEN: The undersigned, superintendent for the “ furnace |

department” of the ° Sheffield © Birmingham Coal, Iron and Rail- .

way Company,” the said company being successors to “the Ala-

bama and ‘Tennessee Coal and Iron Company ” of Alabama, hereoy >

notifies you that he has inspected and does now accept the plant of

three blast furnaces erected by you at Sheffield, Alabama, as being

and having been completed on the eight- day of August, 1888, in

full compliance with the terms and conditions of a certain contract q

entered into by and between your company and the said “Alabama

and Tennessee Coal and Tron Company,” dated Feb’y 9th, A. D.

1887, providing for the construction of the aforesaid plant of three

blast furnaces.

Very truly yours, |

SHEFFIELD & BIRMINGHAM C., I. & R’Y

CO., FURNACE DEPARTMENT,

By EDWARD DOUD, Sup’t. e

96 A. f

=.

Office of Shefield & Birmingham Coal, Iron & Railway Company.

NASHVILLE, TENN., August 18, 1888.

Fred. W. Gordon, Esq., Sheffield, Ala. a *

— Dear Sir: Tam in receipt of your esteemed favor of the 17th

instant. I trust my telegram to you of yesterday evening to Tus-

cumbia with regard to Maj. E. Doud receiving the work was satis-

factory.

I have written to Mr. Chamberlain and quoted the last part of

™

™

>

(

CO. VS. GORDON STROBEL ET AL., ETC. 2)

your letter to me,and asked him to co-operate with vou in the trial

of the use of the Townley coal in the furnace raw. —

I trust the mixture of ores will prove reasonably good. I have

heretofore written to Maj. Doud to use as little of the Lawrence Iron

Company ore as he could with the circumstances surrounding him,

but Mr. McLanahan is putting in jiggers and will doa great deal

towards cleaning this ore. The West Nashville Furnace Company

Is using this ore and Tracy City ecke, and I think are pretty well

pleased with the iron they are making. I do not hear any com-

plaint.

It would be a presumption in me to advise you about blowing a

furnace, but it occurred to me it would be well to increase its out-

put gradually to a reasonable output and hold the furnace at that,

not using more power than she will have when the other two are

blown in.

Hoping for the best, I am,

Yours

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