I • • /V ■fjí'-e —■ ¿^r ¿r f S3 - M» * THE TROY & GREENFIELD if RAIÏ.-ROAD. XI SENATE....No. 120. CommontoraUlj of ¿UasßartitißtttB. In Senate, April 14, 1848. The Second Joint Special Committee on Railways and Canals, to whom was referred the petition of George Grennell and others, for a railroad, from Greenfield to the state line in Williamstown, on a route between Boston and Troy; several petitions in aid of the same; and also the remonstrance of the Western Railroad Corporation against said petition,— have considered the same, and now REPORT: The subject-matter of said petition involved the considera¬ tion of a project of great magnitude and importance. The committee spent considerable time upon the matter, and gave much and careful deliberation to it. A large number of wit¬ nesses, some of them skilful and accomplished engineers, were examined by the committee, and elaborate arguments were made by the respective counsel. It is to be deeply» regretted, that the committee were unable to come to a unanimous conclusion. A difference of opinion was found to exist, more upon the matter of public policy thati, on matters of fact ; and the report, herewith submitted, is the report of a majority only of the committee. The minority of said .M+Hl 2 DEERFIELD RIVER RAILROAD. [April, committee have also reduced their views to writing, with a bill, which is submitted. It will be noticed, that considerable prominence is given to considerations arising out of the existence of the Western Rail¬ road. That corporation appeared as a remonstrant, and urged its views with care and at length. If this had not been the case, it would still have been impossible for the committee to have avoided making the inquiries, in that direction, which were instituted, and to have deliberated at length upon the matters therein involved. It seemed to us that we were en¬ gaged in the consideration and discussion of a subject involv¬ ing, to a very great degree, the public policy of the Common¬ wealth. We now proceed to a more precise statement of the facts, and of our conclusion. The line of railroad asked for by the petitioners, after leav¬ ing Greenfield, follows generally the valley of the Deerfield River, westerly, through or between the towns of Deerfield, Conway, Shelburne, Buckland, and Charlemont, in Franklin County. From Greenfield to Rice's Hotel, so called, at or near the westerly line of Franklin County, the distance by the proposed line was stated to be 23 miles. From the plan and profile, and report of the, engineers, it appears that this portion of the line is very favorable for the construction of a railroad. From Rice's Hotel, two routes were presented by the petitioners for the consideration of the committee. The first, or the Tun¬ nel Route, so called, after leaving Rice's Hotel, follows the valley of the Deerfield River, about six miles; thence, leaving that river, the line passes through the Hoosick Mountain, under a portion of the town of Florida, to North Adams; and from thence to the state line of Vermont or New York, in Williams- town. It was stated, by the engineer, that the entire distance from Greenfield to the termination in Massachusetts, at Wil- liamstown, would, by this line, be 42£ miles, and the cost of constructing it in Massachusetts about $3,000,000. Route No. 2.—A very imperfect survey of this line was pre- sented. The committee understood its general direction to be as follows Rice's Hotel, it follows the general direction OF RAILWAY i-. WASHiWTOtf. w G. Sutt+o- S u.'Ufj - tuaAq tSO '/--VI t D , 1 4 Iff 1848.] SENATE—No. 120. 3 of Deerfield River, northerly, into the town of Munroe ; thence into Vermont through Reedsborough and Stamford; thence through Clarksburg to Adams ; thence through Williamstown and Pownal, in Vermont, to the line of the state of New York. It was stated, that the mountain could be covered by this route with a maximum grade of 60 feet; that the distance from Greenfield to the line of Vermont would be 61 miles, and the cost of constructing the road for this distance would be $2,585,962-$^. The committee understood that a tunnel, 1(400 feet in length, through rock, would be necessary on this line, and that the work generally must be very expensive. They were not all satisfied that the estimates of the engineer, either as to the grade or the cost of constructing this part of the line, were entitled to much confidence. His attention, and that of the petitioners, seemed to have been mainly directed to the route first mentioned, and in the consideration of this, most of the time of the committee was occupied. It was stated by the petitioners that, at Greenfield, the road asked for would connect with the Vermont and Massachusetts Railroad, which was forthwith to be constructed to that place, also, that a peti¬ tion for authority to construct a railroad from Troy, in the state of New York, to connect with the proposed line in Mas¬ sachusetts, had been presented to the New York legislature, and it is understood that a charter for this line has since been obtained. With these prospective connections, the aspect and probable effect of the proposed line, as a through line from Troy to Boston, was forced upon the attention of the com¬ mittee. No survey of the line, between the terminus of the proposed line in Massachusetts and Troy, has been made,—at least none was presented to the committee. The engineer who surveyed the line in Massachusetts, stated that he had passed three or four days in making a general reconnoissance of this part of the line. He also stated that he had conversed with an engineer who had surveyed the line for the construction of a macadamized road for a portion of the distance, and that this engineer favored him with some data, on which to form opinions as to distance and grades. From knowledge thus obtained, he testified that 4 DEERFIELD RIVER RAILROAD. [April, the distance, from Troy to the point of connection in Massachu¬ setts with the proposed railroad, would be 31 miles, that the maximum grade would be 31 feet, and that the cost of con¬ structing this part of the line would be $20,000 per mile. Assuming the evidence presented by the petitioners to 1 e ac¬ curate, as to the distance between Troy and Greenfield, and as to the distance from Greenfield to Boston by the Vermont and Massachusetts Railroad when completed, and the Fitchburg Railroad, the proposed line would furnish railroad communica¬ tion between Boston and the Hudson River, considerably less in distance than now exists. The distances, as stated by the petitioners, would be as follows :— From Boston to Greenfield, - 105 miles. From Greenfield to the state line of New York or Vermont, 42£ " From the line of New York or Vermont, to Troy, 31 " 178| miles. With a maximum grade, west of Greenfield, of not over 32 feet. The distance between Boston and Albany, by the Boston and Worcester and Western Railroads, is 200 miles, with a maxi¬ mum grade of 83 feet for a short distance. It will be perceived that the difference in distance would be 21 £ miles in favor of the- proposed line, while the difference in grades between the two lines would be very much in favor of that line. Again : the difference between the proposed line and the West¬ ern Railroad, as to cost of construction, would be very mate¬ rial. The cost of constructing the Western Railroad, between Springfield and Albany, has been about - - $6,000,000 The estimated cost of the line between Greenfield and Troy, is about 3,620,000 Difference, $2,380,000 The petitioners also offered evidence to prove that the entire line between Troy and Greenfield, with the exception of the tunnel through the Hoosick Mountain, could be constructed in 1848.] SENATE—No. 120. 5 18 mo ithp. and that the tunnel could be constructed in from four to five and one-half years,—that, during the construction of the tunnel, by means of inclined planes over the mountains, op¬ erated by stationary engines, or by the construction of a cheap surface-road over the mountain with a longer distance,—a road for the entire distance could be had for the transportation of freight and passengers. The committee are far from being satisfied as to the accura¬ cy of the foregoing estimates, either as to the distance between Troy and Greenfield, the grade, or the cost and time of con¬ struct on. First, as to distance. No survey was presented to the com¬ mittee, as before stated, of that portion of the line between Troy and Williamstown. The distance was stated to be 31 miles, and the maximum grade 31 feet. From evidence offered by the remonstrants, the committee are satisfied that no rail¬ road having this grade can be constructed between these places without adding from 15 to 20 miles to this distance. In 1828, Wm. C. Young, Esq., an engineer, was appointed, by the state of New York, to survey différent lines for a railroad from the Hudson River to the westerly line of Vermont. The purpose was, to discox'er the most feasible line for a railroad, to connect with one then proposed between Boston and the Hudson River. Mr. Young's report, made to the legislature of New York, on the completion of this survey, was presented to the committee. By this report it appears that Mr. Young followed the same general direction as that pointed out by the petitioners, with the exception of the first two or three miles after leaving Troy. Mr. Young's point of commencement for his survey was 100 feet above Troy. From this point to Pownal Bridge, at the line of Vermont, Mr. Young reports the distance, by his sur¬ veyed line, to be 33 miles,—more than one third the distance having grades of 80 feet per mile. The line proposed by the petitioners would strike the Hoosick River at or near Pownal Bridge, from which place their road would pass about 6 miles, across a corner of Vermont, to Williamstown. By following Mr. Young's line, which it is to be presumed is as direct a route as can be found with gradients of 80 feet, the distance 6 DEERFIELD RIVER RAJLROAD. [April, from Troy to the state line at Williamstown, would be 39 miles. It appeared from the evidence offered that, in passing east from the Hudson river, high summits are to be surmounted. One is found soon after leaving Troy; and it was testified by James Laurie, Esq., an accomplished engineer, familiar with the country near the Hudson, that, in his opinion, a point four miles east from Troy on the proposed line could not be reached with a maximum grade of thirty-one feet only, without run¬ ning eleven miles. It appeared, from Mr. Young's survey, that beyond this point other summits exist, to pass which, with the grade claimed by petitioners, would, in the opinion of the com¬ mittee, add largely to the distance named by them. From the evidence offered, the committee are not satisfied that the nature of the country will admit of the construction of a railroad with a maximum grade of 32 feet between Troy and the line of Vermont at Pownal, with any reasonable outlay of capital; and, if practicable, they are of the opinion, from the testi¬ mony in the case, that such a line could not be obtained with a less distance than from 40 to 50 miles. Assuming that the dis¬ tance from Troy to the Vermont line would be 40 miles,—and the committee are of the opinion that a railroad with a heavier maximum grade than that claimed by the petitioners cannot be obtained with a less distance,—the length of their line from Troy to Boston would be as follows:— From Troy, to the Vermont line, - - 40 miles. From thence to the line of Massachusetts at " Williamstown, - - - - 6 " From thence to Greenfield, ... 42% " From thence to Boston, - - - - 105 " 193| miles. By this estimate, the difference in distance by the tunnel route to Boston would be only six one-fourth miles shorter than that by the Western railroad, and it is questionable whether the line when located would not be quite as long as that of the Western railroad. 1848.] SENATE—No. 120. 7 By the same estimate of the distance from Troy to the line of Yermont, the distance by route No. 2 over the mountain would be as follows :— From Troy to the line of Yermont, - - 40 miles. From thence to the line of Massachusetts, 6 " From thence to Greenfield, - - - 61 " From thence to Boston, - 105 " 212 miles ; giving a line 12 miles longer than that of the Western railroad. The maximum grade by the tunnel route from Greenfield to Williamstown, the only portion of the line which has been surveyed, is 31^ feet, and thus far this line would have a de¬ cided advantage over the Western railroad. The committee, however, are not satisfied that the remainder of the line from Williamstown to Troy would be likely to possess any advan¬ tage in grades over the same distance by the Western railroad from Albany, east. Secondly, as to cost and time of construc¬ tion, as before stated, the evidence offered by the petitioners tend¬ ed to prove that the cost of constructing their line through the Hoosick mountain to Troy would be $3,620.000 and the entire time from four to five and one-half years. Assuming the distance from Greenfield to Troy to be 73 miles, as claimed by the peti¬ tioners, the average cost by their estimates, the tunnel inclusive, would be about $50,000 per mile. It was estimated, by the en¬ gineer who surveyed the line, that the tunnel, four miles in length, would cost $1,950,000. Deducting this amount from the esti¬ mated cost of the entire line, and the average cost of the re¬ maining 69 miles would be, per mile, about $24,000. In the opinion of the committee, past experience in the con¬ struction of railroads, over sections of the country apparently quite as favorable as that traversed by the proposed line, tends to dèmonstrate that little reliance can be placed on this estimate; and that it is probably much less than the actual cost would prove to be, when the work should be completed. It was testi¬ fied, before the committee, that the cost of all the leading rail- 8 DEERFIELD RIVER RAILROAD. [April, roads in Massachusetts, exclusive of equipment, and for a single track, has been not under $30,000 per mile. The cost of the Boston and Maine railroad has been about $39,000 per mile ; of the Connecticut River railroad $30,000; of the Fitchburg rail¬ road $42,000 ; of the Norwich and Worcester railroad $34,000 ; of the Old Colony railroad $38,000; of the Weste n railroad, from Springfield to Albany, $55,000 per mile. On the proposed line in Massachusetts, it appeared that, with the exception of about 11 miles, consisting of the approach to the passage through the mountain, the count y is favorab'e to the construction of a railroad. It did not, however, seem to the committee to be any more so than other sections of the Common¬ wealth, where railroads already constructed have, exclusive of equipment, cost $30,000 per mile, nor do they believe that the most favorable portion of this line can be constructed at an average cost, per mile, of less than $30,000. The 31f miles in Massachusetts, alluded to, includes the distance from Greenfield to Rice's Hotel, in Charlemont, 23 miles, and the distance from the western entrance to the tunnel to the State line in Williams- town. The intermediate 11 miles present some very formi¬ dable obstacles to the construction of a railroad. From the evidence of the engineers, it appeared that, within the first six miles after leaving Rice's Hotel, it will be necessary to cross the Deerfield River four times; that a tunnel through rock, 1,300 feet in length, must be constructed, or as large a sum be expended in avoiding this obstacle as would be necessary to pass through it; and that very heavy rock-cutting will be necessary on other portions of the line, especially as it ap¬ proaches the eastern, and leaves the western entrance of the tunnel. The cost of constructing this portion of the line would, in the opinion of the committee, be much more than the esti¬ mated cost,—probably not less than $60,000 or $70,000 per mile. A large mass of testimony was offered as to the feasibility and cost of constructing the tunnel through the mountain, and as to the time required to perform the work. Several skilful engineers were called, by the petitioners and the remonstrants, to testify on this subject. It appeared, that no work of this 1848.] SENATE—No. 120. 9 magnitude had ever been undertaken in this country or abroad, in the construction of a railroad. No one of the witnesses could give opinions founded on any extensive experience in the construction of tunnels. Few works of this character have been performed in this country. In Great Britain, and on the continent, numerous tunnels through rock and earth, at a much less distance below the surface, and less in length, have been constructed. The engineers who testified, founded their opin¬ ions, as to the practicability, time, and cost of mâking the pro¬ posed tunnel, from the recorded experience of their brethren abroad. From the evidence of the surveyor of the proposed tunnel through the Hoosick Mountain, it appeared that its length would be four miles; that the formation of the mountain at this point is principally mica slate; that the highest point of the mountain, above the grade line of the railroad, would be 1500 feet; that the average depth of five shafts, to be sunk from the surface, to facilitate the construction and to ventilate the tunnel, would be about 800 feet; that these shafts would be equivalent to 15 feet in diameter, and that the area of the tun¬ nel, for a double track, would be 24 feet in width and 21 feet in height. It also appeared that, in working the tunnel, sta¬ tionary engines, of great power, would be necessary at each of the shafts, to keep them clear of water, to supply the workmen with fresh air, and to raise the material excavated. The following is a brief statement of the evidence offered to the committee, as to time and expenditure necessary to con¬ struct the tunnel. Mr. Edwards, engineer of the proposed line, estimated the Time. 5| years, $1,9511,000 Cost. Mr. Belknap, a contractor, if rock should be dry, 5 1,800,000 Mr. Felton, superintendent of Fitchburg Railroad, Mr. Dillon, 7 4 10 it 2,500,000 79 days, 1,993,447 3,000,000 Mr. Lee, with two shafts, 2 10 DEERFIELD RIVER RAILROAD. [April, Time. Cost. Mr. Laurie, under the most favorable circumstances, as to water, 7 years $2,500,000 Mr. Larned, contractor on the Newton Tunnel 15 " 2,988,947 The committee were impressed with the opinion, that all of the estimates of the different engineers were, necessarily, in the ab¬ sence of any satisfactory experience, in a great degree conjectural. And, in view of the notorious fact that, in the construction of, railroads, it has almost invariably been found that the estimates of cost have fallen far short of the actual cost, they are of the opinion, that it would be much more likely to prove, in the event of its construction, that the cost of this work would exceed the highest estimate of any of the engineers, than fall below it. The weight of testimony seemed to be, that seven years of constant labor, night and day, would be a sufficient time for its completion. Yet this estimate seems to the com¬ mittee quite as problematical as the estimate of the cost. Supposing the work to be commenced, and pressed with the utmost possible vigor, both the time and cost of construc¬ tion would depend in a great degree on the quantity of water which might be found in the shafts and tunnel, the hardness of the rock to be excavated, and other circumstances which actual experiment alone could test. With the exception of Mr. Larned, all of the engineers, in the opinion of the committee, predicated their estimates upon the probability of finding the work more favorable, in these particulars, than it might and probably would prove. No evidence in the case enables the committee to form a satisfactory opinion of the probable cost of that portion of the line between Williamstown and Troy. The cost of the Western Railroad, from the state line to Albany, averaged about $42,000 per mile for 38 miles, and, in view of the heavy expenses which would be required to furnish suitable depot accommodations at Troy, and the general character of the country between Troy and Williamstown, it does not seem probable that the proposed line between these termini could be constructed for a less amount per mile. The committee have 1848.] SENATE—No. 120. 11 no hesitation in saying that, in their judgment, the proposed line could not be constructed as a first-class road at much, if any, less than the following estimates :— From Greenfield to Rice's Hotel, 23 miles, at $30,000 per mile, $690,000 From Rice's Hotel to the entrance to the tunnel, and including | mile of thorough rock-cutting at each extremity of the tunnel 7 miles, at $60,000, 420,00S» Through the mountain 4 miles, . . . 3,000,000 From the western end of the tunnel to the state line in Williamstown, 8| miles, $30,000, . 262,500 From the state line in Williamstown to Troy, as¬ suming the distance to be 40 miles, at $42,000, 1,680,000 Interest, 500,000 Equipment, 500,000 $7,052,500 The committee have deemed it to be their duty, frankly to express their opinion as to the probable length and cost of the proposed road. The opinions they have expressed may be un¬ founded ; but, admitting them to be so, the committee deem it manifest that an enterprise is here projected which, in the pro¬ gress of its construction, would make an extraordinary demand upon the resources of the state. A work requiring the enor¬ mous amount of capital this would require, for its completion and maintenance, should plainly appear to be demanded by some pressing public exigency. The laws of the Commonwealth re¬ quire that the legislature, in all acts empowering the petitioners to take private property without the consent of its owners, should first be satisfied that this exigency exists ; and, in a work of the magnitude here asked for, it seems to the commit¬ tee that this question should be carefully considered. The petitioners maintain substantially that this exigency for their line is apparent : 1st. For the reason that it is manifest that another through line from Boston to the Hudson River is required to accommodate the 12 DEERFIELD RIVER RAILROAD. [April, present through business, and much more to accommodate the probable increase of that business. 2nd. To accommodate the local business in the western part of Franklin county, and the northern part of Berkshire county. 3d. To accommodate the western business of the towns on the line of the Vermont and Mass., and Fitchbnrg Railroads. Iu proof of the allegation that another railroad is required to accommodate the through business, the petitioners introduced evidence tending to show a great increase in the amount of western products reaching tide-water through the Erie Canal, also evidence tending to show that the Western Railroad had been unable to take all of these products which would have come to Boston by railroad, if that road had been able to do the business. It was urged by the petitioners, that hereafter the means of the Western Railroad, with any additional facilities they might procure, would be found entirely inadequate to the transaction of this business. The remonstrants admitted that, for two or three months in 1846, preceding the close of navigation on the Hudson River, they had been unable to do all the business which offered to come east; and they also admitted that, for a longer period in 1847, they had found their means insufficient to take all the freight that would have been transported, if they had had suffi¬ cient power to take it. But at the same time the remonstrants maintained, and in the opinion of the committee clearly proved, that the pressure in 1846 occurred at a season when ordinarily there is an unusual pressure of business, not only on the Erie Canal, but on the Hudson River, in consequence of the anxiety of those engaged in the forwarding western products, to have them reach market before the close of navigation. They main¬ tained, and it was thought with some force, that a pressure of this character ought not to be regarded as in any manner de¬ monstrating an exigency for the construction of a rival line, which would compete with them for business which they had always been able to do through other portions of the year. In relation to the pressure over the Western Road during a portion of the year 1847, it appeared that, during that year, freighting- vessels which, since the opening of the Western Railroad, have 1848.] SENATE—No. 120. 13 brought to Boston more than one half the amount of flour annually received at that port, commanded unusually high rates ;—that there was an extraordinary demand for exportation in consequence of the famine in Europe ;—and that the demand for exportation was so active, that flour and other western prod¬ ucts, which ordinarily reach the seaboard by water, were to some extent forced out of their common and ordinarily less expensive channel of transportation to the seaboard, and brought to Boston for exportation. By statistics presented by the re¬ monstrants, it appears that, during that year, there was an extraordinary increase in the quantity of flour received at Bos¬ ton, and that more than twice the quantity was transported over the Western Railroad, during that year,"than in any pre¬ vious year. It is not surprising that the Western Railroad, under these circumstances, was unprepared to do all the business which offered. It was a sudden and unexpected demand upon them to do twice the amount of their ordinary through business, and it is not at all likely that a similar exigency will again occur. But the most important question in this connection, presented by the pe¬ titioners, relates to the capacity of the Western Railroad, when developed, to accommodate the future through business between Boston and the Hudson River. If the committee had been of the opinion that this road could not, for many years to come, do this and its local business, they would have considered the exigency for the construction of another line more apparent than it now seems to them. The ability of the existing line to do the through business for a series of years will depend upon the amount of that business, and the capacity of the road, when provided with a double track and a full equipment, to transport freight and passengers. In forming an opinion as to the probable increase of business between Boston and the Hudson River, the committee have considered that statistics, showing the ratio of increase in past years, afford the most satisfactory indications of the future ratio of increase. By statistics furnished by the remonstrants, it appears that the increase in the number of through passengers has been very gradual. The following table shows the number of through passengers over the Western Railroad, annually, since it was opened for use :— 14 DEERFIELD RIVER RAILROAD. [April, Through Passengers. 1st Class. 2d Class. 1842, 1843, 1844, 1S45, 1846, 1817, 15,890 2,680| 19,987 6,608 17,016! 7,1314 13,401| 5,791 21,033 8.799! 23,678 10,621! 111,006 41,814! The whole number, since the road has been in use, has been only 152,820, or about twenty through passengers for each trip. The committee can entertain no doubt of the ability of the Western Railroad to accommodate this business with any probable increase there may be for many years. They deem it equally clear that this road, with the additional power it will have when properly equipped, will be able to accommodate, for a large number of years, all the freighting business which will be likely to go by railroad between Boston and the Hudson River. The impression which seems to be entertained by some, that the interchange of commodities between these points will keep pace with the increasing population and resources of the west, is, in the opinion of the committee, an unfounded im¬ pression, not supported by past experience, and not within the range of probabilities. The freight from west to east, consists of live slock and dead stock, and of the agricultural produc¬ tions of the western states. It was proved, before the commit¬ tee, that this freight never had been brought to Boston, in any considerable quantity, for exportation, nor does it seem proba¬ ble that it ever will be transported to this port for that purpose. The committee were satisfied, that all of these products, which may be wanted on the seaboard to supply any common export¬ ing demand, can be transported to New York and other ports, at much less rates of freight, by water, than by any railroad between Boston and the Hudson River. It was proved that the common price for the past three years, of transporting flour from Troy and Albany to New York, has been ten cents per barrel. It seems to be obvious that no railroad, which could be constructed across the country to Boston, could afford to 1848.] SENATE—No. 120. 15 take flour to Boston at this rate. The amount of return freight, consisting, as it does, of the manufactured articles of New England, bears a small proportion, in bulk and weight, to the freight passing from west to east. Last year, the total tonnage over the Western Railroad, from Boston to Albany, was 11,962 tons ; from Albany to Boston, 88,438 tons. It is evident, from this statement, that any railroad bringing flour from the Hud¬ son River to Boston, in any considerable quantity, for exporta¬ tion, would be obliged to send back many of the cars empty, thus making trips of about 400 miles; and, from evidence be¬ fore the committee, they are satisfied that the road could not afford to do this for twenty-five cents per barrel for flour. The demand for western products in Massachusetts hereto¬ fore has been, and in all probability will continue to be, for domestic consumption, and, in the opinion of the committee, the future increase of this demand will mainly depend on the increase of population in this Commonwealth, and in those por¬ tions of neighboring states which derive their supply of those products from Boston. The best means afforded to the committee, of judging of the probable future increase of this demand, are furnished by a tabular statement presented to the committee by the remon¬ strants, showing the increase in the demand, at Boston, for flour, from the year 1834 to the year 1847, inclusive, of which the following is a copy :— Ibiports of Flour at Boston. Year. From all sources. Barrels. Of which from N. York city. From Albany, &c., by water. By Western Kailroad. Total from N. York state. 1834 429,960 198,625 43,139 241,764 1835 408,469 167,685 41,712 215,397 1836 418,597 195,311 54,506 249,817 1837 423,246 179,851 40,655 220,506 1838 374,704 201,092 25,176 226,268 1839 451,667 153,450 40,091 193,541 1840 619,261 234,929 87,928 322,857 1841 574,233 239,114 76,725 315,839 1842 609,460 140,739 90,248 87,853 318,840 1843 610,964 119,671 53,781 111,595 285,049 1844 686,586 189,020 93,263 151,721 434,004 1845 730,138 170,501 103,736 182,381 456,618 1846 748,123 151,537 117,263 231,436 500,236 1847 1,020,497 165,455 67,171¿ 511,2614 744,534 IG DEERFIELD RIVER RAILROAD. [April, By this statement it appears, that the increase in the demand for that article, for the past fourteen years, has been very gradual prior to the last year, when, for causes before consid¬ ered, there was an extraoidinary demand for exportation. The entire tonnage in flour, from all sources, to Boston, last year, was about 100,000 tons. It also is apparent, from the forego¬ ing statistics, that a competing line, for the transportation of freight between the Hudson River and Boston, already exists, by water, and that, since the Western Railroad has been open to Albany, inore than one half the flour arriving at Boston has been water-borne. It was testified that, since that road has been in use, flour had been brought from Albany to Springfield by water, competing at that point with flour brought over the Western Railroad; also, that many towns, south of the line of that road, are supplied with flour, arriving at Hartford, Providence, and Norwich, by water. From the testimony offered, the commit¬ tee are satisfied that the increase of the through business will probably be gradual, and that the competition, by way of the Hudson River and New York, will hereafter, as in past years, not only supply a large portion of the demand in New England, but will keep the rates of freight, by railroad, down to the lowest remunerating price. It was stated that it takes about 10 barrels of flour to make one ton in weight ; this being true, it will appear, from the foregoing table, that the entire increase in the tonnage of flour received at Boston, from all sources, within the past fourteen years, has been, on an aver¬ age, less than 7,000 tons per year, including the unusual supply of last year. It is fair to presume that there has been a cor¬ responding increase of the tonnage of other western products which have been received. Other evidence was offered, tending to show the increase of business in past years over the Western Railroad, as affording some indication of the future ratio of increase. By a state¬ ment of the equivalent number of tons of freight moved over the entire road since it has been in use, it appears that the in¬ crease, up to the close of November, 1847, had been about 23,000 tons per year. Supposing the future increase, per year, to be 40,000 tons, which is double the amount it ever has been, and 1848.] SENATE—No. 120. 17 including the equivalent number of tons moved over the whole road last year, and the result would be that the number of tons to be moved over the road at the end of twenty years would be about 1,100,000. In relation to the power of the Western Railroad, with a proper supply of engines and cars to move freight, it appeared that, with the engines and cars already ordered by the corpora¬ tion, they would be able to transport more than double the quantity of freight over a single track, ever before taken over that road, and that, with a double track, this quantity could be largely increased. From the evidence offered, the committee are of the opinion that, with a double track, that road may be able to transport several millions of tons annually. Entertain¬ ing these views, the committee have been unable to see any ex¬ igency for the construction of another railroad, to accommodate the business of Massachusetts between Boston and the Hudson River. 2d. The public exigency for the construction of the proposed line, for the accommodation of the western portion of Franklin County and the northern portion of Berkshire County, was urged by the petitioners as sufficient to warrant the legislature in granting to the petitioners the charter they ask for. Evi¬ dence was offered tending to show that the line in Massachu¬ setts would pass through a country having a large quantity of timber valuable for building and for ornamental purposes, and abounding in valuable iron ores, and quarries of marble, serpen¬ tine, and soap-stone. Also, that, in the valley of the Deerfield River, ancl especially at Shelburne Falls, there is a large amount of unoccupied water-power. It was urged that the western portion of Franklin County, is now without a railroad, and that the construction of the one prayed for is necessary to de- velope the resources of that region of the Commonwealth. The northern portion of Berkshire County is now accommodated by the Pittsfield and North Adams Railroad, 18| miles in length, and quite recently constructed by the Western Railroad Com¬ pany, at an expense of about $450,000. It appeared that, by the construction of the proposed line, the inhabitants of this part of Berkshire County would be able to reach Boston or 3 18 DEERFIELD RIVER RAILROAD. [April, Troy by travelling from 20 to 30 miles less in distance than they are now obliged to travel by the Pittsfield and North Ad¬ ams and Western Railroads. In relation to the present accom¬ modation of Franklin County, it appeared that, by the Connec¬ ticut River Railroad to Greenfield, and its extension north, that county will have railroad communication north and south. It was also stated, that the Vermont and Massachusetts Railroad had o rdered a branch from that road to be constructed from the east side of the Connecticut River into Greenfield. By sta¬ tistical matter forwarded to the committee, it appears that a large portion of the population west of Connecticut River, in Franklin County, are either on the line of the Connecticut Riv¬ er Railroad, or within a few miles of that line. Most of the business intercourse of this population is proba¬ bly with the towns on Connecticut River, and with Boston. Travellers going west from several towns in this part of Frank¬ lin County, can easily reach the Western Railroad at Dalton, or at other towns on the line of that road, between Springfield and Albany, by the Pittsfield and North Adams Railroad, or by the Connecticut River Railroad. The western products they have occasion to consume are probably now obtained, at sta¬ tions on the line of the Western Railroad, by means of one or more of these diverging lines of railroad, at higher rates of freight than they would be obliged to pay by the Troy and Greenfield line, if constructed. It seems, however, to the com¬ mittee, that the western business of these towns must be of comparatively trifling amount ; and that the accommodation of their business, which deserves the most serious consideration, is that which will connect them by railroad with Boston, and which will afford a convenient outlet to the north and south for their business. It is believed that a railroad passing through a portion of the towns in the valley of the Deerfield River, and connecting at Greenfield with the Vermont and Massachusetts and Connecticut River Railroads, would be quite as instrument¬ al in serving to develope the resources of Western Franklin County, as one passing through or over the mountain to Troy. Entertaining these views, the committee have seen fit to report a bill authorizing the construction of a railroad from 1848.] SENATE—No. 120. 19 Greenfield to Shelburne Falls, a distance of about 12 miles. A railroad to this point, while it reaches the great water-power on the Deerfield River, will afford as substantial accommodation to the great majority of the population of Western Franklin as would be given by a longer line. The committee are not satis¬ fied that the local business of these towns is now, or is soon likely to be, sufficient to support a railroad for even this dis¬ tance ; but in view of the large business and undeveloped re¬ sources claimed to exist in this part of Franklin county, the committee have thought it expedient to recommend the passage of an act authorizing the construction of a railroad to accom¬ modate the present and prospective business of these towns. That great natural barrier, the Hoosick Mountain, separates the waters of the Deerfield River from those of the Hoosick River, which flow into the Hudson a few miles above Troy. While the committee are unable to discover any exigency, in the local wants of Franklin county, for undertaking the Herculean task of piercing this barrier, they are equally at a loss to see that it is demanded for the proper accommodation of Northern Berk¬ shire. It was testified before the committee that the Western Rail¬ road, in good faith, and at the earnest solicitation of the inhabit¬ ants of this part of Berkshire county, and for their accommoda¬ tion, had recently constructed the Pittsfield and North Adams Railroad. That this road, with all the patronage of that region it had thus far enjoyed, had not paid two per cent, on the capital required to construct it, and that its promise of yielding a fair dividend for the future was not very encouraging. It is a first-class road in the character of its construction. By its connection with the Western Railroad at Pittsfield, it furnishes to the inhabitants of the northern part of Berkshire county as direct railroad communication with New York, as they can have, and with better facilities for the transaction of their business with the east and the west, than many towns in the Commonwealth can ever expect to enjoy. The distance to Boston or to Troy is, it is true, from 20 to 30 miles more by the present, than it would be by the proposed line ; but, in the view of the amount of business to be accommodated, and the rapid- 20 DEERFIELD RIVER RAILROAD. [April, ity with which distance is overcome by railroad, the committee are of the opinion that this difference in distance is of small importance, and does not warrant the expenditure of any addi¬ tional capital to any considerable amount, for the purpose of overcoming this difference. 3rd. The petitioners urged that the accommodation of the western business of the towns along the line of the Vermont and Massachusetts and Fitchburg railroads, required ihe construc¬ tion of the line prayed for. The only accommodation those towns would derive from the proposed road would be in secu¬ ring a more direct communication with the west than they now enjoy. Only a portion of the towns on this line would, in their opinion, be likely to receive western products, at materially if any less rates, than they are now compelled to pay. From evidence before the committee, it appeared probable that most of the towns on the line of the Fitchburg Railroad would, in the event of the construction of the proposed line, be likely to receive their western products, as they now do, from Boston. It was stated that large quantities of flour had been transported from New York to Boston by water, and from the latter place as far as Nashua, N. H., for twenty-five cents per barrel. The com¬ mittee doubt whether it could be transported by railroad from Troy to Fitchburg for this price It appears that the Western Railroad charge 33 cents per barrel on flour to Springfield, 34 cents to Worcester, and about the same to Boston;—the compe¬ tition with flour brought to Boston, Norwich and Providence, by water, and coming from these places by railroad, being so strong, even at Worcester, that, to retain the business, they are com¬ pelled to charge about the same freight as at Springfield. To obtain a remunerating profit on this business, it seems that the Western Railroad have found it necessary in their experience to charge about the same for carrying freight from the west one hundred miles, as for a longer distance ; to charge nearly as high rates on a considerable portion of the way, as on the through business, in order to obtain a fair average profit on the entire business. The committee can see no reason why the proposed road, as a through line, would not labor under the same neces¬ sity in regulating their tariff of charges. 1848.] SENATE—No. 120. 21 Flour,—which is a principal article of freight from the West, in demand in the towns, and along this line,—whenever freight- ing-vessels could be had at moderate rates, has been brought to Boston from Albany, or from New York, as return-freight, by coasters, at prices so much less than can be afforded by any railroad between Boston and the Hudson River, as to allow of its transportation to a considerable distance inland, before it would compete with the rates of freight which any railroad would be compelled to charge on this article, consigned to way- stations, in order to obtain a profit on the entire business. A portion of the towns on the line of the Vermont and Massachu¬ setts, and, perhaps, on the line of the Fitchburg Railroad, would probably receive their freight from the West, at rates somewhat less, by the proposed line, than they are now com¬ pelled to pay. But, in the opinion of the committee, the aggre¬ gate difference in price, on the entire quantity of flour, or other Western products, required to meet the present or prospective demand in these towns, will be altogether insignificant, com¬ pared with the interest on the new capital, which would be re¬ quired to create and maintain the new avenue to the West, which is asked for. The line formed by the Fitchburg, and Vermont and Massachusetts Railroads, on the completion of the latter to Greenfield, will be, to some extent, a parallel and competing line with the Western, and Boston and Worcester Railroads, for business which now passes over the latter roads, between the Connecticut River and Boston. By means of rail¬ roads, now in process of construction, chartered, petitioned for, or projected,—if ever constructed,—the country, between the Boston and Worcester, and Western Railroads, and the Vermont and Massachusetts and Fitchburg Railroads, will be pretty well supplied with facilities for the transportation of freight and pas¬ sengers to and from the existing through line to the West. The Worcester and Nashua Railroad,—now nearly com¬ pleted,—and the line chartered from Worcester to Barre and Gardiner, will very much facilitate the transaction of the West¬ ern business of towns in the northern part of Worcester county, and of towns in Middlesex county. Other lines, intersecting the country between the Western Railroad and the Vermont 22 DEERFIELD RIVER RAILROAD. [April, and Massachusetts Railroad, are chartered, or petitioned for. One, from the Vermont and Massachusetts Railroad, in Mon¬ tague, to the line of the Connecticut River Railroad, at Wil- liamstown ; another, from Ware, in Hampshire county, to the Vermont and Massachusetts, at South Gardiner; and another, from Palmer, in Hampden county, to Sunderland or South Deerfield, on the line of the Connecticut River Railroad. Other diverging lines, crossing this section of the country, are projected, and subsequent legislatures will probably soon be called upon to consider petitions for the same, which will be presented. These comparatively short and inexpensive lines of railroad, if ever constructed, will form a perfect net-work of iron rails across this part of the country, over which the inhab¬ itants will probably procure their commodities from the West at less rates than they now pay. But it was suggested by the remonstrants that, even if the Troy and Greenfield Railroad should be constructed, and go in¬ to operation as a through line, western products would not probably be brought over it to supply the towns along the line in Franklin County, and east of these ; that on the construction of the Ogdensburg Railroad, this section of the state could be supplied with these products at a less cost than by any railroad from the Hudson River. It appears that the Connecticut River Railroad, the Vermont and Massachusetts Railroad, and, in fact, all of the railroads north of the line of the Boston and Worcester and Western Railroads, by means of different rail¬ roads in Vermont and New Hampshire, will have a direct con¬ nection with the Ogdensburg Road. The distance from the latter place to Boston is said to be 400 miles ; the distance from Buffalo to Boston, by the Erie Canal and Western Railroad, is 567 miles. By the Ogdensburg Road, the tolls on the Erie Canal, and 167 miles of transportation, are avoided. With these facts before them, it seems to the committee to be very probable that, on the completion of the Ogdensburg Railroad, the supplies of Western products to the towns whose wants have been considered, would be supplied by that road even if the Troy and Greenfield Railroad should be in operation. If compelled, as heretofore, to obtain their supplies from the west, 1848.] SENATE—No. 120. 23 over the Western Railroad, the higher freight they may be obliged to pay will, in the opinion of the committee, be so trifling in amount as not to be felt by the consumer. The committee have now considered the character of the proposed line, and the alledged exigency for its construction. The petitioners have failed to satisfy the committee that a suffi¬ cient exigency exists for a grant authorizing them to take pri¬ vate property without the consent of its owners, and requiring the immense outlay of capital which would be necessary to prosecute the enterprise. If there is no probability that this railroad could be constructed, if chartered, it is very obvious that a charter should not be granted for a line which would occupy the ground, and hereafter delay or defeat the construc¬ tion, of other more feasible roads which might be projected for the accommodation of this part of the country. It is to be presumed that this road, if chartered, would be built ; and, in this view of the case, without reference to any ef¬ fect its construction might have on existing lines of railroad, the committee would consider the mere diversion of the large amount of capital from the ordinary channels of business, and from other undertakings, which would be required to complete this road, as a very serious calamity. Such is their view of the exigency, and so thoroughly are they impressed with the opinion that the road is not wanted for the reasonable accommodation of any portion of the Common¬ wealth. The effect the proposed road would have on exist¬ ing lines, is not, however, to be lost sight of. When a new rail¬ road is asked for, the probable effect of its construction on ex¬ isting railroads ought, in all cases, to be carefully considered; and if it plainly appears that the new road will be a competing line for the same business, and will seriously impair the value of existing lines as investments, a very great public exigency should, in the opinion of the committee, be made manifest to warrant the grant. While the committee do not entertain very rigid notions on the subject of " vested rights while they are not, in the ma¬ jority of cases, disposed to regard these rights as impassable barriers against the satisfaction of any public exigency, they 24 DEERPIELD RIVER RAILROAD. [April, are no more disposed to trifle with them ; to regard as of small importance any injury likely to result from legislative action to large amounts of capital invested, under the sanction of the legislature, for the accomplishment of great public improve¬ ments. The doctrines of free trade, free competition, as ap¬ plied to the granting of all acts of incorporation for railroads which may be asked for, the committee are not ready to en¬ dorse. They may, perhaps, be applied in the granting of acts of incorporation for manufacturing purposes, where the manu¬ facturer has the world for a market, and is not limited as to the amount of dividends. But it seems to the committee very ob¬ vious that the good faith and welfare of the Commonwealth, as well as common justice to the stockholders in existing railroads, all forbid that these doctrines should control the policy of the state in relation to her railroad system ; existing lines being liable to have their dividends reduced if they exceed ten per cent., and their value as investments depending entirely on the amount of their business, that business being necessarily de¬ rived from, and limited by, the resources of the country through which they pass, and with which they connect. The committee, in considering the question of exigency for the proposed road, have had occasion to consider its probable effect, if constructed, on the business of the Western railroad: they are satisfied of the accuracy of the following conclusions. The construction of the Troy and Greenfield railroad would destroy the value of the Pittsfield and N. Adams railroad, by taking from that road nearly all of its business. If the Troy and Greenfield railroad should, in fact, have the advantage in distance, and in grades, over the Western railroad which is claimed for it by the petitioners, it would, if possessed of equal facilities with the Western railroad for moving freight and pas¬ sengers, take from that road all of its through business. The capital invested in the Western railroad, now amounts to about $9,000,000. About .$6,000,000 of this amount have been expend¬ ed in the construction of the Western railroad between Spring¬ field and Albany. The local business on this portion of the line is, and in the opinion of the committee must continue to be, small, and altogether insufficient even to maintain in proper re- 1848.] SENATE—No. 120. 25 pair this part of the road. If deprived of their througli busi¬ ness, this portion of the Western railroad would not pay its ex¬ penses. Two thirds of the entire capital of the road would be greatly jeopardized, and probably be rendered valueless. It was urged by the petitioners, that the local business of the West¬ ern railroad, and its increase, would afford it ample support. The committee are not of this opinion. The valuable portion of the local business of that road, is between Springfield and Worcester. On the completion of the Vermont and Massachu¬ setts railroad to Greenfield, the latter road must, in the natural course of events, divide the business of the country between the two lines. Unquestionably, a large portion of the business for Boston, which now comes upon the Western railroad at the different stations between Springfield and Worcester, will be taken from that road by the Vermont and Massachusetts. The fact that the Western railroad, in the enjoyment of all the through business, and all of the local business of this part of the Com¬ monwealth, has for only three years since its construction been able to make dividends, seems to indicate that a long time will probably elapse, before the increase of the local business will, of itself, support that road; especially when it is evident that, hereafter, even that business will, to some extent, be taken by other roads. If the Troy and Greenfield railroad should have that decided advantage over the Western railroad in grades which is claimed by the petitioners, and which seems more probable to the com¬ mittee than the advantage in distance claimed for that Toad, it might, if in the enjoyment of equal facilities with the Western railroad, be able to take freight at rates so much less than could be afforded by that road, as ultimately to compel it to abandon the competition. If, on the other hand, the proposed road should have no advantage in distance or in grades over the Western railroad, but should be on terms of equality in these particulars, it would be simply a competing line for the same business. Both roads could not do more business than one could accom¬ modate. The capital required to construct and maintain the road would be thrown away, inasmuch as it could not be other- 4 26 DEERFIELD RIVER RAILROAD. [April, wise invested, and would not be required to do the business. The division of the profits between the two roads would not af¬ ford, to either, an income sufficient to maintain their roads, and pay dividends. Neither road would be able to make that expen¬ diture for the construction and maintenance of a second track, for the best depot accommodation, engines, cars, for employing the most careful and skilful men to manage the business of the road, which would secure to the public the highest attainable speed, safety, and convenience. On the contrary, the result would probably be, that both corporations would be compelled to avoid every avoidable expense; to suffer their roads and the equip¬ ments thereof to run down, to fall out of repair; to employ in¬ ferior engines, cars, and men ; thereby depriving the public of that speed, safety, and convenience, in transacting their busi¬ ness, which would be afforded by a perfect and well-regulated railroad. * This result would be likely to follow from the competition of two roads for no more business than one can accommodate, and this, in the opinion of the committee,—for reasons before stated,—would be the character of the competition between these rival lines, if able to compete on equal terms. This com¬ petition would not be likely to reduce the tariff of fares and freights. Both corporations,—to maintain even a sickly exist¬ ence,—would be obliged to charge the highest prices, consistent with their retaining the business; and the natural result would be,—after a short season of competition,—that both would combine to increase their charges to the maximum price possi¬ ble for them to charge. If this should not ensue, another result, equally prejudicial to the public interest, would be likely to fol¬ low. The road and property of one of the corporations might be bought up by the other,—as has been the case with compe¬ ting lines,—retaining, for all useful purposes, a merely nominal existence. In this case, although a great saving might be made in avoiding a large portion of the expenses necessarily incurred in running the road with frequent trains, the public would still be taxed for the capital invested, and this tax on the business would prevent that reduction of fares, which would follow from 1848.] SENATE—No. 120. 27 the concentration of all the business on one line, with no more capital invested than would be necessary to do the business. In the opinion of the committee, the policy of the Common¬ wealth, in relation to her railroad corporations, should be so far to protect them in the enjoyment of their business, as to enable them to construct second tracks on all of the great thorough¬ fares, and to equip and maintain their roads in the best possible manner; and it is obvious to the committee that, in a case where a railroad has been constructed at great expense, to accommodate the public in the transaction of a particular class of business, and has the capacity to do this business, the public welfare requires that it should be allowed to remain in the undisturbed enjoyment of this business. The following results, in the opinion of the committee, would necessarily fol¬ low, if this course should be pursued :—The road, thus pro¬ tected, would, with its equipment, be kept in the best possible order, and be managed in the best manner ; the public would be accommodated with frequent trains; with the increase of busi¬ ness, fares would be reduced,—by the authority of the legisla¬ ture, if not by the corporation,—to prices far below any which could be afforded if the business should be divided by compe¬ ting lines. In this way, parts of the Commonwealth, interested by lines of road diverging from the main trunk, would be likely, sooner or later, to have their business, passing over the trunk road, accommodated at less rates than it would be by a more direct rival line. It seems to the committee that these views are applicable to the case under consideration. There are other considerations relating to the policy and good faith of the Commonwealth toward the remonstrants, involved in the case before the committee, to which it is proper to allude. It was urged by the remonstrants that the State, in loaning its credit to the amount of four millions of dollars, to aid in the construction of the Western Railroad, had induced individuals to embark funds for its completion, giving the State priority; that it would be plainly unjust for the State, when secured by a mortgage thus obtained, and benefited by the construction of the road, to authorize the construction of a rival railroad, 28 DEERFIELD RIVER RAILROAD. [April, which might, and probably would, have the effect to render valueless the investments of the private stockholders,—their right to redeem this mortgage. The mortgage of the Common¬ wealth, on the Western Railroad in Massachusetts, amounts to four millions of dollars. The city of Albany hold a mortgage of one million of dollars, on that portion of the road which lies in New York, known as the Albany and West Stockbridge Railroad. Again, it was urged by the remonstrants that, by an express stipulation in the charter of the Western Railroad, passed in 1833, it is provided, that the legislature may reduce the rates of toll, but not so as to reduce the profits 011 their investment below ten per cent, per annum; that this clause indicates that, when the contract was made, both parties anticipated that it would yield a fair compensation, and that ten per cent, should be so considered; that it is an implied guarantee, on the part of the Commonwealth, that they shall be so far protected in the enjoyment of their business, as to secure to them this reasonable compensation; that the Commonwealth could not directly inter¬ fere to reduce the fares or profits, before the corporation had realized ten per cent, upon its capital invested; and that the honor and good faith of the State forbid its doing indirectly, what it could not do directly ; that, by authorizing the construction of a competing line, they would produce this result as effectu¬ ally as by direct legislation. In the opinion of the committee, these suggestions would, in a case of doubtful exigency, be en¬ titled to great weight; and if the committee had not, in the present case, arrived at a decision on other grounds adverse to the prayer of the petitioners, they would deem it proper to allow these views to have their influence in arriving at a decision. Before concluding, the committee desire to say, that sugges¬ tions have been made that, if a railroad is to be constructed from Greenfield to the State line, in the direction of Troy, a better route than the one shown to the committee can be found. These suggestions come from gentlemen living in that section of the State, and who are well acquainted with the general face of the country. This matter is of so much consequence, that 1848.] SENATE—No. 120. 29 the committee believe it ought, of itself, to delay action. It will be at once acknowledged, that the construction of a railroad in the right place is of the utmost consequence. The opinion of the committee has, however, been arrived at from a considera¬ tion of the matters hereinbefore discussed. The committee report the accompanying Bill. A. H. NELSON, for himself, and Messrs. Phelps, Stevens, and Rotch, Of the Committee. 30 DEERFIELD RIVER RAILROAD. [April, eommontoraltt) of iHassacïjttôtttô. In the Year One Thousand Eight Hundred and Forty- Eight. AN ACT To incorporate the Deerfield River Railroad Company. Be it enacted by the Senate and House of Representa¬ tives, in General Court assembled, and by the authority of the same, as follows: 1 Sect. 1. George Grennell, Samuel H. Reed, 2 David Wells, their associates and successors, are 3 hereby made a corporation, by the name of the Deer- 4 field River Railroad Company, with all the powers 5 and privileges, and subject to all the duties, liabili- 6 ties, and restrictions, contained in the forty-fourth 7 chapter of the Revised Statutes, and in that part of 8 the thirty-ninth chapter of said statutes which re- 9 lates to railroad corporations, and in all general 10 laws which are now, or may be hereafter in force, 11 relating to railroad corporations in this Common- 12 wealth. 1848.] SENATE—No. 120. 31 1 Sect. 2. The capital stock of said company shall 2 not exceed four thousand shares, the number of 3 which shall be determined, from time to time, by the 4 directors thereof ; and no assessment shall be laid 5 thereon of a greater amount in the whole, th n one 6 hundred dollars on each share ; and said company 7 may purchase and hold such real estate as may be 8 necessary for the purposes of their incorporation. 1 Sect. 3. The said company may locate, con- 2 struct and maintain, a railroad, with one or more 3 tracks, from some convenient point in the town of 4 Greenfield to some convenient point in the town of 5 Shelburne, passing through such towns, bordering on 6 the Deerfield River, as may be necessary for that 7 purpose. 1 Sect. 4. The said company may enter upon and 2 unite their railroad, in the town of Greenfield,with the 3 Connecticut River Railroad, (not interfering with the 4 depot buildings of said Connecticut River Railroad 5 Company,) and use the same, or any part thereof, 6 upon such terms as may be mutually agreed upon 7 between the said corporations, or as are, or may be, 8 prescribed by law. 1 Sect. 5. If the said company be not organized, 2 and the location of their said road filed, according 3 to law, within the year eighteen hundred and forty- 4 nine, and if the said railroad be not completed and 5 opened for use within eighteen months thereafter, 6 then this act shall be void. 32 DEERFIELD RIVER RAILROAD. [April, 1848.] 1 Sect. 6. The legislature may, from time to time, 2 alter or reduce the rate of tolls or other profits on 3 said road ; but said tolls or other profits shall not, 4 without the consent of said company, be so reduced 5 as to produce less than ten per cent, per annum on 6 their capital stock. E R RATA. By my rfiinutes of the testimony of Mr. Edwards, the engi¬ neer, it appears that, in the majority report, on page 8, there is an error in the statement of the distance from Greenfield to Rice's Hotel, in Charlemont. I understood Mr. Edwards to state the distances, from Greenfield to the state line of Vermont, in Williamstown, to be as follows : From Greenfield to end of Division No. 4, in Char¬ lemont,, - - . - - - 23 miles. From end of Division No. 4 to Rice's Hotel, - 5 " From Rice's Hotel to the western extremity of the tunnel, - - - - - -6" From western extremity of the tunnel to the state line of Vermont, in Williamstown, - 8| " 42^ miles. " The intermediate eleven miles," spoken of on page 8, as presenting " some very formidable obstacles to the construction of a railroad," consist, as I understood the testimony, of the 5 miles from the end of Division No. 4, to Rice's Hotel, and of the 6 miles from Rice's Hotel, to the western extremity of the tunnel. I understood Mr. Edwards to state, that, after leaving Divis¬ ion No. 4, and between the end of that division and Rice's Ho¬ tel, it would be necessary " to cross the Deerfield River four times; that a tunnel, through rock 1,300 feet in length, must be constructed," &c. On page 22, in the 2d and 3d lines, the committee speak of a chartered road from the Vermont and Massachusetts Railroad, in Montague, to the line of the Connecticut River Railroad, at " Williamstown." Willimansett is, probably, the town in¬ tended to be named by the committee. ANSEL PHELPS, Jr., Counsel for Remonstrants.