# 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

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Record and brief
- **Published:** January 1, 1892

## Text

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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
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

y
hy

)
4

: ] ; : : ] : Bala ‘ : ¢ a . 4-4 nee ‘
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

—s ’ , =

rant bas P ] , . } oe ee ah ae i€ ]
Was then owlbg to them for work ana lab gone and verlorme¢
and INnaterials furnished under sald @orutrac: tie Sum of hiftv-

‘ — } — } Ss } } oe é : . '
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

. _

{ : . {'y0 ‘

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
MM al nei nie Rr ye

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os
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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 > 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

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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,

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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

\

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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-

—— 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

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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

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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.

p> &

perere>

A

. San a Stars ae 7 3 r
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pra ga URRRNN TT at TCS GOED le Oe aI A Das airs tp cancakacee A MN ct ane Tt Eo cae we

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 truly, EK. W. COLE, Pres’t.

Evidence and Lchibit of Fred. W. Gordon. Filed in Clerk’s Office July
19th, 1890. A. W. WeCullough, Clerk.

97 FRANK W. GorDON re-examined for plaintiffs.
Direct examination by Mr. GUNTER:

@. You are one of the plaintiffs ?

A. Yes.

Q. Did you submit plans and specifications in behalf of the plain-
tiffs to the Alabama & Tennessee Coal and Iron Company for the
erection of furnaces in question ?

A. Yes.

Q. State whether or not any experts considered those plans and
specifications on behalf of the parties to whom you submitted them.

A. Major Doud and General Willard Waruer did.

Q. Did they talk to you about them in behalf of the contracting
parties ? :

A. Yes; the more pungent question came from them.

Q. Are they competent and skillful experts ?

A. Yes; in my opinion.

Q. Did they make any alterations?

A. Yes; and then altered them again.

Q. And they are the ones now submitted ?

A. Yes.
Q. You made the contract there shown?
A. Yes.

Q. Did you erect the work in pursuance of that plan?

A. Yes. | |
Q. State whether or not the work was inspected during its pro-

gress
> .

A. I understood it to be done every two weeks. I got pay every
month. |

S—424

58 THE SHEFFIELD & BIRMINGHAM COAT, IRON & RAILWAY

Q. Did you get your pay up to and after the inspection ?

A. All the work was done upon ninety per cent. of the value of
the work as done, but during the inspections we were paid in part
upon materials and part work done.

Q. State what test you applied to these engines, if any, showing
their strength and capacity.

A. Tran the engines at eight or uine pounds pressure. I have
forgotten what they realized. I do not remember what pressure was
used at sixty revolutions.

Q. Did you not make tests of the same plan of engines else-
where?

A. We have one like it, all except the blowing cylinder.

98 The blowing cylinder was one-third of this in area, and that

was equal to ten pounds pressure on this. ‘The engines were

alike in every detail, and we ran that up to eighty-five revolutions
per minute; commonly at seventy to seventy-five.

Q. State to what extent the test upon the engine proper, leaving
out the blowing eylinder, that you gave to that one like this ex-
ceeded the sixty revolutions and ten pounds pressure.

A. I could not state that unless I took into consideration the blast
pressure.

Q. Was it the same or greater than the ten pounds pressure Upon
this evlinder and forty-five revolutions ?

A. Very much greater.

Q. The pressure upon the blowing cylinder represents the duty
put upon the engine ?

A. Yes.

Q. And that engine, just like this, having a blowing cylinder of
one-third the area of that in this ease, had three times the pressure
of ten pounds per square inch on this cylinder?

A. Yes; and it was perfectly satisfactory.

Q. What is your opinion of the capacity of these particular
engines to stand a speed of forty-five revolutions per minute and a
pressure of ten pounds per square inch ?

A. They are perfectly ample.

Q. Are they proportioned as to weight to stand hard work ?

A. Yes; every part was carefully calculated in detail.

Q. What is the weight of the moving parts of these engines ”

A. Thirty-two and one-half tons.

Q. Would a pressure of ten pounds upon the blowing evlinder
be sufficient in running an engine at any speed with no lead ? .

A. The area of that blast evlinder is 5,541 square inches; ten
times that would be 55,410—that is, pounds lifting; putting the
weight of the moving parts at 65,000 pounds it would lack 10,000
pounds of lifting the moving parts; without the assistance of a
large lead or compression in the steam cylinder the parts would not
be lifted.

Q. Would a pressure of ten pounds upon the blast eylinder of
these engines at forty-five revolutions lift the moving parts?

A. No.

a

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

Q. And in such ease state whether or not the caps upon
99 the main shaft could be moved with safety.
A. Yes; in such ease if those conditions were kept up.

Q. State to the court as shortly as possible whether or not water
could be carried over with the steam from these boilers unless ear-
ried too high in the boilers ?

A. I do not believe that it could unless it was foaming in the
boilers. If foaming in the boilers it could be detected and shut off.

Q. If those boilers were managed properly by competent en-
gineers would water go over?

A. Not to an injurious extent; two or three per cent.

Q. What is the effect of water going ever into this eylinder?

A. It produces a water hammer, which is an incompressible sub-
stance between the steam piston and the head on the bottom or tep ;
more likely on the bottom.

Q. What is the effect of the water hammer on the running of the
engines ?

A. It produces the most severe strains that engines are subject to.
If the engine is running fast and the water in it is above the right
quantity it will break the strongest engine in the world, for the
reason that the water being incompressible, the fly-wheels being
very heavy, the speed is multiplied by the water very greatly, and,
the center having been nearly released, the toggle action or Joint is
brought into play. This action is the most powerful in mechanics
and is only limited from infinity by the filling of the rolling Joints,
which in well-constructed engines is reduced to a minimum by
vareful machinery and construction, and all this power applied in
this way will produce a force practically irresistible.

Q. Where would the effect of that force be shown ?

A. First, in the parts nearest to where the force is applied; the
resistance comes from the piston; the greatest force is directly at
the shaft; that will, if the water is in the lower end of the cylinder,
which is the most likely place for it when the engine is In action

and the eaps serewed down, it will lift the shaft and break
100s the cap or bed plate. If the caps are loose the strain will be

from the engine and the shaft will lift; the center will then
be pressed down, but, owing to the velocity of the fly-wheel, the
shaft will be thrown back into its seat with great violence, which
will produce a blow according to its velocity and the weight of
thirty-two and a half tons.

Q. State in general terms whether any bed plate could withstand
the continued and repeated shocks arising from these water ham-
mers.

A. I would state that I do not believe it can, because I have
known of so many being broken.

Q. Could it be likely broken in any other way ?

A. Not without that cause.

Q. State how these foundations were solid and sufficient.

A. I was not there during the entire construction. [saw them
during coustruction and after they were constructed, and so far as
I saw they were as well done as brick foundations could be, and

60 THE SHEFFIELD & BIRMINGHAM COAT, IRON & RAILWAY

the bed plates were put well upon them and they were then running
what we call rust joints.

Q. How could the top in the piston head in the blast eylinder be
broken? If the engine was subjected to these strains what would
be the effect upon this picton head ?

A. It is about two tons or two and a quarter tons weight. The
rod is fastened into the head by first being tapered low into the
head and turning the rod to fit with a tap one-sixteenth of an inch,
and now a large nut is screwed on to keep it tight. If the steam is
admitted very suddenly while there Is no resistance on the blast
piston, it is like the blow of a hammer. The rods and the piston
heads are comparatively light, though a pressure of eighty pounds
upon the steam piston has the foree of eighty-one thousand pounds
in the act of coupling up; this is a positive blow, and as no Joints
are ever absolutely rigid that blow would be received entirely by
the head. This forty-ton blow would be very likely to split a very
strong one. This wrong setting of the valves causes the shocks,

which would jar that head continually every thirty min-
101 ~=utes. Those jars are totally different from those of the
water hammer.

Q. Do you think those jars caused from the regular running
are sufficient to break that lead ?

A. I do.

Q. State whether or not these engites are as heavy as engines of
that size usually are. |

A. | think so.

Q. What is the character of Weimer ?

A. He builds more engines than anybody in the country.

Q. Do you know the weight of his engines?

A. No.

Q. How do these boilers compare with other boilers ?

A. I believe them to be more effective steam-raisers than any
other.

(. How would they compare with any other heating surface,
being equal ?

A. Very favorably.

@. With reference to these steam valves in the steam mains, state
whether or n

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Aper_scotus_1892_176%3A0. Public record. Not legal advice.