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to allow the rate of fare and freight on their own road and other matters of administration connected with it to be regulated by the views of the memorialists.

Your respondents regret that the memorialists have been pleased to indulge in insinuations unworthy of themselves and of your respondents, and which your honourable body must be satisfied can have no foundation in fact. It is impossible to suppose that your respondents can wish to throw "obstructions" in the way of the business of the Louisa railroad, or that they will not on the contrary do every thing in their power consistently with their duty to and the interests of their stockholders to invite trade and travel from the Louisa railroad upon their own work. They ask only the same free agency in judging of matters pertaining to themselves which they freely accord to and which has been fully exercised by the memorialists.

With these remarks your respondents submit the accompanying award of the Board of public works, (No. 1,) under which the transportation is now effected by them on the Louisa railroad, and the following correspondence and extracts from their minutes, (No. 2 to 11,) which they hope will avoid the necessity of any farther reply by them, and which they regret did not accompany the memorial of the president and directors of the Louisa railroad company.

Signed by order of the board of directors.

C. W. MACMURDO, Treasurer.

[1.]

At a meeting of the President and Directors of the Board of Public Works held on the 23d day of April 1844, the following Award was adopted:

The president and directors of the Board of public works acting as arbitrators appointed by the Richmond, Fredericksburg and Potomac railroad company and the Louisa railroad company, to determine upon a "just and proper and practicable basis" upon which a contract between the two companies should be entered into for carrying on the transportation of the Louisa road by the said Richmond, Fredericksburg and Potomac railroad company, having attentively read, examined and considered the correspondence, documents, statements and other papers submitted to them by the presidents of said companies, as well as the explanations and views of the said presidents respectively, on the subject, verbally communicated in several interviews between them and the board, do hereby award and establish the following terms, stipulations and conditions for the foundation of a contract for the purposes aforesaid between the parties, viz:

1st. The Richmond, Fredericksburg and Potomac company to carry on at their own cost, and in a regular, punctual and effective manner, for the term hereinafter specified, the entire transportation of passengers, freight and mail on the Louisa railroad, and for that purpose to furnish and keep in good repair proper and sufficient engines, cars, coaches, &c. and to provide the necessary number of competent officers, agents and hands for the trains, depots, water stations and shops on the said road, together with wood for fuel, oil, &c. and also to receive the passenger, freight and mail money accruing on said road, and to provide and keep all necessary books and accounts, to make the necessary arrangements, regulations and provisions respecting travellers, freight and the mail, and the collection of the fare and freight.

2d. For the above services, and as full compensation for the same, the Richmond, Fredericksburg and Potomac railroad company to be entitled to reserve to their own use one half the gross receipts on the Louisa railroad for freight, passengers and the mail, and fifteen hundred dollars in addition, to be also retained out of receipts.

3d. The Louisa railroad company to lend to the Richmond, Fredericksburg and Potomac railroad company for the term of the agreement between them, the sum of twenty thousand dollars, and to receive legal interest thereon semi-annually.

4th. The Richmond, Fredericksburg and Potomac railroad company to pay over semi-annually to the Louisa railroad company the surplus of money after reserving the compensation above provided for, which may remain in their hands from the receipts aforesaid on the Louisa railroad, together with the interest on the loan aforesaid. 5th. Should an additional train for the mail and passengers be desired by the postoffice department, and the Richmond, Fredericksburg and Potomac railroad company should provide and maintain the same, any extra allowance made by the department for said train is to enure to the exclusive benefit of the Richmond, Fredericksburg and Potomac railroad company, and such further allowance is to be made for the extra train as may in the opinion of the Board of public works be reasonable.

6th. This arrangement to continue for the term of three and a half years from the 1st of January last unless sooner terminated by consent of the parties.

7th. The Louisa railroad is to be kept in as good condition in all respects as the Richmond, Fredericksburg and Potomac railroad; and in the event of injury to persons or property, in effecting the transportation on the Louisa road, any pecuniary loss or damage resulting from such injury is to be sustained by the Richmond, Fredericksburg and Potomac railroad company, if properly ascribable to the condition of the cars or machinery employed by them, or neglect or improper conduct in their engineers or conductors, or by the Louisa railroad company if such injury should have resulted from the condition of the railroad or any neglect or inattention on the part of the agents or servants of said company.

8th. A daily mail train is to be run on the Louisa railroad, unless the presidents of the Richmond, Fredericksburg and Potomac and Louisa railroad companies should, on consultation, deem it most advisable to run a triweekly line only. In the event of any difference of opinion between them on this point, the line is to be daily or tri-weekly as the Board of public works may decide to be proper, with reference to the interests of both companies.

9th. Proper rates for the transportation of passengers and freight on the Louisa railroad, so far as the same may not have already been determined on, to be fixed between the presidents of the two companies and approved by their respective boards; and if the table of rates which have been or may be fixed on by the two companies for the transportation of persons and property shall embrace the whole charge between Richmond or Washington or any point between Richmond and Washington, and the point of receiving or delivering on the Louisa raialroad, the receipts shall be divided first in proportion to the distance transported on each line, and the portion which shall be for transportation on the Louisa railroad shall then be equally divided between the two companies.

This last stipulation is adopted by the Board of public works, with an expectation that if after a sufficient experience of its operation, it should appear to be seriously unjust to either of the companies, such injustice will be remedied by subsequent agreement between them.

I do certify the foregoing to be truly copied from the proceedings of the Board of public works.

J. BROWN, JR., Second Auditor,

And Secretary to the Board of Public Works.

DEAR SIR,

[ 2.]

LOUISA COURTHOUSE,

JUNE 17th, 1846.

The stockholders of the Louisa railroad company, at their annual meeting held yesterday at this place, adopted a preamble and resolutions on the subject of a renewal of the contract for having their transportation done by the Richmond, Fredericksburg and Potomac company, a copy of which I enclose you.

You will perceive that the board of directors of this company are instructed to make a specific proposition to the president and directors of the Richmond, Fredericksburg and Potomac company, which proposition is hereby made, viz: The Louisa railroad company offers to the Richmond, Fredericksburg and Potomac company one half the gross receipts from freight and mail and one third of the passenger fare per annum for executing the transportation on the Louisa road.

I forbear to enumerate the details necessarily belonging to a contract, but will merely remark that the service expected is the same as has been rendered by the Richmond, Fredericksburg and Potomac company under former contracts, and which will be specified afterwards, if the main features of the proposition are accepted.

I hope it will be convenient for you to reply to the foregoing proposition without much delay, as in the event of its not being acceptable, it is important that I should proceed at once in some of the preliminary preparations contemplated by the second resolution. I will only remark in conclusion, that the resolutions enclosed were adopted in good faith by the stockholders, with the desire that the present connection between the two companies may be continued.

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ACCOMPANYING RESOLUTIONS.

At an annual meeting of the stockholders of the Louisa railroad company, held at Louisa courthouse on Tuesday the 16th day of June 1846, the following preamble and resolutions, offered by William Overton, and amended on motion of T. R. Price, were adopted with great unanimity:

Whereas from the report of the board of directors, made this day in obedience to instructions from the stockholders passed at the last annual meeting, it appears to be their unanimous opinion that the average sum paid under the present contract annually to the Richmond, Fredericksburg and Potomac company for doing our transportation, is $5400 more than it would cost us in their opinion to do our own transportation, and that the sum paid last year is $6733 more than their estimate for this company to do its own transportation: Therefore,

Resolved, That the president and directors of the Louisa railroad company be directed to make a proposition to the president and directors of the Richmond, Fredericksburg and Potomac railroad company to renew the contract for doing the transportation of the Louisa railroad company upon the following terms, that is to say, one half of the gross receipts of the freight on the road, half the sum received for transporting the mail, and one third of the passenger fare to the Richmond, Fredericksburg and Potomac company.

Resolved, In case of the refusal of the Richmond, Fredericksburg and Potomac railroad company to accept the above proposition, that the board of directors of the Louisa railroad company proceed to make the necessary arrangements to do their own transportation.

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I am in receipt of yours of the 17th enclosing me a copy of certain resolutions adopted at a meeting of the stockholders of the Louisa railroad company on the 16th inst., under which on behalf of the board of directors of the Louisa railroad company you offer to the "Richmond, Fredericksburg and Potomac company one half of the gross receipts from freight and mail and one third of the passenger fare per annum for executing the transportation on the Louisa road."

This proposition will of course be submitted to the board of directors of the Richmond, Fredericksburg and Potomac railroad company, and their answer communicated to you as early as practicable; but as I shall be detained here by necessary engagements some two weeks longer, and you request me "to reply to the foregoing proposition without much delay, as in the event of its not being acceptable, it is important that you should proceed at once in some of the preliminary preparations contemplated by the second resolution" of the stockholders of the Louisa company, I deem it proper at once to communicate to you my own views and what I believe will be the views of the board of directors of the Richmond, Fredericksburg and Potomac railroad company in regard to the proposition.

I am satisfied in my own mind and so was your predecessor Capt. C. Y. Kimbrough, that the award of the Board of public works which constitutes the existing arrangement between the two companies gives to the Richmond, Fredericksburg and Potomac railroad company not only less than the transportation on the Louisa railroad would cost the Louisa company, but a proportion not more than sufficient taking an average of years, to defray its cost by the Richmond, Fredericksburg and Potomac company. I should have been willing to abide by that award knowing that the contract itself afforded no margin for profit: 1st, because it was the award of the Board of public works; and for farther reason, that there was at least room for apprehension that the trade of the Louisa railroad might be materially impaired by a divided responsibility and probable transhipment of freights at the Junction, and doubt whether with the income which the road would command unless extended beyond the Blue Ridge it could be permanently and properly sustained if the company should become its own carrier.

But it appears that the stockholders of the Louisa company are not satisfied with this award of the Board of public works, to whom the matter was referred at the particular instance of the Louisa company, and who it

appears from the report of the directors of the Louisa company to the stockholders in Jure 1844, made the award "after a careful and laborious examination of the subject," an award which you will no doubt recollect it was proposed on behalf of the Louisa company previous to its being given, should be permanently binding on the two companies.

Under these circumstances even if the arrangement made under that award was deemed particularly advantageous to the Richmond, Fredericksburg and Potomac railroad company, I should not myself be solicitous for its renewal.

I of course am not willing to recommend, and if I was I am satisfied that the board of directors over which I preside would not be willing to make a contract on the basis proposed by you.

Respectfully yours,

(Signed,)

M. ROBINSON, President
R. F. and P. R. Co.

P. S. The above will be forwarded to Mr. Macmurdo by the mail of to-morrow with directions to enclose it to you agreeably to your request at Beaverdam depot as soon as it can be copied in the office letter book.

DEAR SIR,

[ 4.]

BEAVERDAM, JUNE 23d, 1846.

Yours of the 19th inst. was forwarded to me yesterday by Mr. Macmurdo. Although your own. opinion is adverse to the proposition of the Louisa company, yet as you have determined to submit it to the board of directors for their action, I can take no definitive measures until I hear their decision. In the event of their concurrence in your views, I shall have to contract for the erection of buildings, and as much time as possible being desirable for that purpose, I should be glad to be informed of their decision at as early a day as may comport with their and your convenience.

In relation to the unwillingness of the stockholders of the Louisa company to continue for another period the contract which was adjusted by the Board of public works, it is due to them that I should say that they meant no reflection on that much respected body of gentlemen. The term of the contract was definitely fixed, and although the resolutions may not be so expressed, there is no intention to disturb its existence for that period; but in the exercise of the right to judge for themselves, they have decided that their interest will not be promoted by its renewal. Should the two companies dissolve their present connexion, I cannot see in the fact any cause of crimination or exasperation among any of the parties concerned in making the contract. On the contrary, so far as the two companies are concerned, the identity of their interests will continue in the fullest sense; and it seems to me there will be no motive to suggest any course of action but a desire to co-operate harmoniously in the promotion of the common interests of both roads. So far as I may have any agency or influence, that course will be pursued by the Louisa company. Differences of opinion may arise as to the best mode of effecting that end, but I cannot doubt that by mutual concession and compromise of views, they will ultimately settle down on the best mode of administering the business of the two roads as they stand connected.

When arrangements are made on such principles I do not apprehend that the simple fact of a "division of responsibility" will affect the business of the roads. Both parties will have a common interest in the proper and punctual performance of their parts in the accommodation of the public, and if so done the community will not know the difference between the employment of one or two agents.

I shall be glad to confer with you when you return on the subject of a regulation of the table of rates of transportation.

Respectfully,

(Signed,)

E. FONTAINE, Pres't Louisa R. Co.

MONCURE ROBINSON, Esq. Pres't R. F. & P. R. Co.

[ 5.]

PHILADELPHIA, JUNE 29, 1846.

EDMOND FONTAINE, Esq.

DEAR SIR,

I am in receipt of yours of the 23d, to which I should defer replying until the action of the board of directors of the Richmond, Fredericksburg and Potomac railroad company, but for a passage in it, which makes me think you must have misconceived the tenor of some portion of mine of the 19th.

You remark, "should the two companies dissolve their present connexion, I cannot see in the fact any cause of crimination or exasperation among any of the parties concerned in making the contract." I have not a copy of my letter of the 19th before me; but I certainly had no intention in it of finding fault with the Louisa company for deciding on doing their own transportation in preference to renewing the present arrangement between the companies.

If there is any thing in my letter that bears this construction, it must be the part in which I allude to the present contract being an award made at the instance of the Louisa company. I deemed it proper to make the remarks I did on this subject, in consequence of the statements made in the preamble to the resolutions of the Louisa company that the amount paid the Richmond, Fredericksburg and Potomac railroad company for doing the transportation on the Louisa railroad was $5400 more than it would cost the Louisa company. The inference from this statement without the remarks made by me, might it seemed to me be that we acquiesced in this view, and that the Louisa railroad company were obliged to do their own transportation because more was required for it than a fair sum.

Whilst after a separation of the two companies, their interest will not be as identical as they have been, I agree with you that they will be so to a considerable extent, and I shall certainly be happy to co-operate with you. in any measures which may seem to be for their mutual advantage.

As mentioned in my last, I will as early as practicable, after my return to Richmond, lay yours of the 17th and the resolutions enclosed in it before the board of directors, and communicate to you their reply.

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I hope it may be convenient for the board of directors of your company to forward me by Monday next their decision on the proposition made by the president and directors of the Louisa company on the subject of their transportation, which you informed me would be submitted to them.

The Louisa board will meet on that day, and owing to their scattered positions it is attended with some inconvenience to have a meeting. Considerations personal to myself, as well as those affecting the interests of the company, make it important that an answer should be received by the time mentioned, about the 13th instant. I hope you may find no difficulty in forwarding it by that time.

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