From C. W. Macmurdo, treasurer of the Richmond, Fredericksburg and Potomac railroad company, dated 23d inst., enclosing a copy of a resolution of the president and directors of said company of the 22d instant, on the subject of the resolutions of the Board of public works of the 21st inst. above referred to; and also a copy of the preamble and resolutions of the said president and directors of the 22d inst., respecting the resolution of the Petersburg railroad company of the 15th inst. Said communications and proceedings were read and laid on the table. A true copy from the minutes. Teste, J. BROWN, JR. Second Auditor. It appears from the preamble to the resolutions adopted by the Board of public works on the 25th May 1846, declaring "the arrangement made between the Richmond, Fredericksburg and Potomac railroad company, and Richmond and Petersburg railroad company, and the Norfolk and Port Walthall association, to be a violation of the respective charters of said railroad companies," that the subject matter of these resolutions was under consideration on the 22d of May, and then laid on the table. Please state at whose instance, and on what grounds, the subject of the resolutions was then postponed? who were the members of the Board of public works present on the 22d May, and who on the 25th of May, when the resolutions were adopted? Ans. It is not stated in the proceedings of the Board of public works of the 22d May 1846, at whose instance the consideration of the arrangement made by the railroad companies north of Petersburg with the Port Walthall and Norfolk steamboat association was postponed, but my recollection enables me to say that it was postponed because it was found inconvenient by some of the members of the board to devote the necessary time to it consistently with other duties. The members present on that day were the governor, (Smith,) treasurer, auditor, register and second auditor. The governor left town I believe the next day, and was consequently absent when the proceedings of the 25th were adopted and when all the other members of the board were present. Upon that occasion the board were unanimous in the opinion that the investment in the Port Walthall and Norfolk steamboat association was not authorized by the charter of the railroad companies, and that the arrangement was otherwise exceptionable. Ques. 3. By whom was the report of the Board of public works to the legislature of the 7th of December 1846, drawn up or written? When was that report laid before the Board of public works, and when adopted by the board? Was it read to the board? If so, when? Who were present when it was so read, and who present when it was adopted? Ans. The 31st annual report of the Board of public works to the general assembly was partly drawn up some days before its date (the 7th December,) but was not fully completed until then, when it was laid before that body, and after being read to them at the board was discussed and amended. Every paragraph of any importance had moreover been shewn to the members separately, all of whom were as far as practicable consulted throughout. All the members of the board except the auditor were present on that day, viz: The governor, treasurer, register and second auditor. The report itself as all previous reports and proceedings of the board have almost uniformly been, was prepared by me, as secretary of the board ex officio, and bound to prepare all documents deemed necessary by them. Ques. 4. In the report last mentioned there is this language: "They were, and still are convinced, that the various schemes gotten up by these companies for the purpose of annihilating all competition for the travel north and south, are visionary, and that they will after having consumed a large amount of capital in the attempt, fail to secure their object-that they will inevitably generate strong prejudices against the railroad line on the part of the travelling public, and necessarily divert the attention of the companies from their more important, immediate and legitimate concerns." Now will you specify the schemes referred to, and state whether you know the Richmond, Fredericksburg and Potomac railroad company had engaged in them with the intent imputed? Ans. The various schemes which have been gotten up by the railroad companies may I presume, be pretty well known by reference to the official documents emanating from the several companies, and to other papers to be found in the reports of the Board of public works. I will merely observe that the paragraph quoted in the interrogatory was sustained by a majority if not all the board present, and I do not feel called upon to answer for them. They can be consulted personally. Additional Interrogatories propounded to James Brown, Jr. Second Auditor, by the Respondents. Ques. 5. In your answer to the 4th question, you do not specify the schemes referred to in the language quoted from the report, nor respond to the enquiry, whether you knew the Richmond, Fredericksburg and Potomac railroad company had engaged therein with the intent imputed by the report. Now you will please respond to the question in both of its members. Ques. 6. In your answer to the said 4th question, you refer to the official documents emanating from the several companies, and to the papers to be found in the reports of the Board of public works for the "schemes which have been gotten up" by said companies. Now will you please say whether you mean the schemes of the Richmond, Fredericksburg and Potomac railroad company, undertaken as avowed by the company to counteract the combinations formed against it to divert the long travel, and if nay, please say what other schemes you mean. Ans. I protest against any demand upon me for explanations of opinions expressed in the report of the Board of public works. But believing from the extraordinary character of some of the questions which have been propounded to me, that it is desired to fix upon myself, personally, some act or acts, or suspicion of official delinquency or misconduct-I will, without hesitation, reply in my individual character to the 4th interrogatory, which is reiterated in the 5th and 6th now propounded. But before proceeding to do so, I beg leave to remark, that the paragraph quoted in the 4th interrogatory, although elicited by the acts of the Richmond and Petersburg, and Richmond, Fredericksburg and Potomac railroad companies, is general in its nature and will apply and was no doubt intended by the Board of public works to apply as well to all similar schemes projected and carried into execution by other railroad companies, as to those of the Richmond, Fredericksburg and Potomac, and Richmond and Petersburg companies. I now submit the following list of schemes, which, in my opinion, are exceptionable either on the score of illegality or inexpediency, or unnecessary expenditure, and which I conceive are comprehended to a greater or less extent in the terms of the paragraph quoted, though not specified. 1st. The arrangement made between the Petersburg railroad company and F. E. Rives, Esq., the 14th June 1845, with a view effectually to put down all competition from the Portsmouth and Roanoke railroad. This arrangement and the protest of the Board of public works against it will be found in the 30th annual report, pages 108 and 114. 2nd. The purchase of the steamer Chesapeake, by the Richmond and Petersburg railroad company, for the purpose of towing vessels to and from the company's landing at Port Walthall, but fitted up, as I have reason to believe from the heavy expenditure incurred, as a passenger boat, and occasionally plying as such between Port Walthall and Norfolk and elsewhere. These facts will be found in the memorial of R. A. Mayo and others, and the communication of the presidents of the Richmond, Fredericksburg and Potomac, and Richmond and Petersburg railroad companies, in the 29th annual report of the Board of public works, page 398, and 31st annual report, pages 448 and 450. 3rd. The establishment by the Richmond and Petersburg, and Richmond, Fredericksburg and Potomac railroad companies of the Norfolk and Port Walthall association for a line of steamers to ply at reduced rates between Norfolk and Port Walthall, and the subscription to that association of $12,500 without legal sanction by the latter company, and the grant of extraordinary privileges and advantages to the same without a certain return therefrom, and it is reasonable to infer, at considerable expense to one or both of the said railroad companies. I refer to the communication above mentioned, accompanying the 31st annual report of the Board of public works, page 450. 4th. The establishment by the Richmond, Fredericksburg and Potomac railroad company, as stockholders and directors of the Fredericksburg and Washington steamboat company, of the steamer Mount Vernon to ply as a passenger boat between Aquia creek and Baltimore, and the unauthorized subscription of the former to the latter company. I refer to the annual report of the president of said company, to the stockholders on the 25th May last, to be found at page 413, &c., of the 31st annual report of the Board of public works. 5th. The arrangement made with Messrs. Jacob Peters & Co., in June 1844 for the establishment of a line of coaches between Washington and Baltimore, on the part of the three railroad companies between Weldon and Washington to carry passengers at reduced rates, in order to force the Baltimore and Washington railroad company to lower their fare for passengers to a rate conformable to the views of the said companies; and the guarantee given to said stage company to make good the loss sustained by them, if any, to a considerable amount. This arrangement, except the part relating to the guarantee, is noticed in the annual report of the Richmond, Fredericksburg and Potomac railroad company transmitted with the 29th annual report of the Board of public works, page 408. Of the guarantee, I have no documentary evidence. As to that branch of the enquiry which calls upon me to say whether "I knew that the Richmond, Fredericksburg and Potomac, and Richmond and Petersburg railroad companies had engaged in the schemes alluded to in the interrogatories which refer particularly to the Norfolk and Port Walthall, and the Aquia creek and Baltimore steamers, with the intent imputed by the report of the Board of public works, I have to reply that the knowledge I have of them is derived principally from the facts disclosed in the documents and papers to which I have above referred. Ques. 7. Did not the Board of public works adopt a resolution on the 22d of May 1846, desiring the second auditor to address a communication to the president of the Petersburg railroad company, requesting that the privilege heretofore granted to the agents of the river and bay line of steamboats of passing to and fro on said road free of charge, be withdrawn? If they did, furnish a copy of said resolution, and state whether you complied therewith, and at what time. Ans. The Board of public works did adopt such a resolution as is stated. It was not sent for reasons explained to the board and satisfactory to them. A copy of said resolution is annexed, marked B. [B.] At a meeting of the president and directors of the Board of public works held May 22d, 1846: Resolved, That the second auditor be requested to address a communication to the president of the Petersburg railroad company requesting that the privilege heretofore granted to the agent of the river and bay line of steamboats, of passing to and fro on said road free of charge be hereafter withdrawn. A true copy from the minutes. Teste, THOMAS H. DE WITT, Ques. 8. It appears from the report of the Board of public works to the legislature, that the Board of public works in August last, recommended a meeting of delegates from the Richmond, Fredericksburg and Potomac, the Richmond and Petersburg, and the Petersburg railroad companies, to adjust the differences existing between the two first named companies and the Petersburg railroad company. Please furnish a copy of the resolution of the Board of public works containing that recommendation, also of all the resolutions and communications received from the different companies in response thereto; and if a report was made to the Board of public works by the delegates appointed by the boards of the several companies, furnish a copy of such report and of the letter enclosing or transmitting the same to you. Ans. A copy of the proceedings of the Board of public works of the 3d of August last recommending the convention alluded to in this interrogatory, and copies of the resolutions and communications from the different companies in response thereto are furnished herewith, marked C and D. A copy of the report of the delegates appointed by said companies, and of the letter of Holden Rhodes, Esq. transmitting the same, will be found in pages 560 and 561 of the 31st annual report of the Board of public works. [C.] At a meeting of the Board of public works, Monday, 3d August 1846: The governor laid before the board a communication from George W. Munford, Esq. one of the directors on the part of the state of the Richmond, Fredericksburg and Potomacr ailroad company, dated 31st ult., in which he submits a concise statement of what he conceives to be the cause of the origin and continuance of the injurious dissensions which have prevailed for a considerable time past between that company and the Richmond and Petersburg railroad company on the one hand and the Petersburg and Roanoke railroad company on the other, in relation chiefly to the through travel between Weldon and Baltimore, and to the supposed connivance and aid by the last mentioned company in the diversion of the same (after reaching Petersburg from the south) to the rival route by the river and bay, and suggests "whether it would not be proper for the Board of public works to recommend to the Petersburg company, and to instruct the state directors in that company, not to allow through tickets to be sold or advertised over the Petersburg railroad by the agents of the bay line, either at Baltimore, or Charleston, or Weldon, and to forbid tickets over the Petersburg railroad being sold by the ticket agents of the Petersburg company, either at Petersburg or Weldon, to the known agents of the bay line; that is to prevent directly or indirectly the sale of such through tickets between Weldon and Baltimore, and between points south of Weldon and Baltimore." The said communication was read and laid on the table. The governor submitted the following preamble and resolutions, which were read, considered and adopted: The Board of public works viewing with deep concern the unfortunate differences existing between the Petersburg and Roanoke railroad company and the railroad companies north of the same in Virginia, and seeing in these differences the sacrifice of the interests of the commonwealth as well as of the individual stockholders of said companies, deem it their imperative duty to exert all the power and influence they possess to reform those relations and arrest the continued losses resulting therefrom: Be it therefore Resolved, That it be earnestly recommended to the president and directors of each of the said companies to refer these differences and the adjustment thereof to persons indifferently chosen by said companies, or to the Board of public works, clothing them with the unqualified power to settle them. Resolved, That early action on this subject is indispensable, it being regarded of the utmost importance to have the existing differences adjusted prior to the sale of the Portsmouth and Roanoke railroad. Resolved furthermore, That if these suggestions be adopted, it be advised that the arbitrators meet in the City of Richmond on or before the 18th instant. Resolved, That the state directors in the several companies are hereby instructed to take immediate steps to procure, so far they have the power, a compliance with the foregoing resolutions. Resolved, That the second auditor transmit a copy of the foregoing preamble and resolutions to the president and directors of each of the companies interested. By direction of the Board of public works, I enclose a copy of a preamble and sundry resolutions adopted by them on the 3rd instant, having regard to the settlement of the differences which exist between the several companies forming the inland route from Weldon to Washington. I am also directed to say that in the opinion of the board these differences can be best adjusted by delegates chosen by the directory of the several companies, clothed with the requisite powers, and possessing an intimate acquaintance with the peculiar interests, business and arrangements of their respective constituents. They accordingly warmly recommend this mode of adjustment, and they beg to be understood as offering their services only in the event that no other course can be agreed on by the parties interested. You will please submit these proceedings to the board over which you preside at an early day, and communicate the result of any action which may be had on the same. Your obedient servant, (Signed,) J. BROWN, JR. Similar copies to the above sent to Wirt Robinson, Esq. president Richmond and Petersburg railroad company, and Henry D. Bird, Esq. president Petersburg railroad company. At a meeting of the president and directors of the Richmond, Fredericksburg and Potomac railroad company, on Friday the 14th August 1846: The president laid before the board certain resolutions passed at a meeting of the Board of public works on the 3d instant, in relation to the differences existing between the Petersburg railroad company and the railroad companies north of Petersburg, with an accompanying letter of James Brown, jr. second auditor, addressed to him. by direction of the board, expressing the opinion of the board that "these differences can best be adjusted by delegates chosen by the directors of the several companies clothed with requisite powers and possessing an intimate acquaintance with the peculiar interests, business and arrangements of their respective constituents:" Whereupon, Resolved unanimously, That Messrs. Charles F. Osborne and James Bosher be, and they are hereby appointed delegates on behalf of this company in conformity with the above recommendation of the Board of public works, with full power and authority to adjust any and all the subjects of difference between the companies. Resolved, That a copy of this resolution be enclosed to the Board of public works, to the president and directors of the Richmond and Petersburg railroad company and of the Petersburg railroad company, and to each of the above named delegates. A true copy from the minutes. RICHMOND, FRED'G AND POT. R. OFFICE, JAMES BROWN, JR., Esq. Second Auditor. SIR, I am instructed to hand you a copy of the annexed resolutions, passed at a meeting of the president and directors of this company on yesterday afternoon. I am instructed also to say to you that the gentlemen selected by this company as delegates, have signified their willingness to act, and that they will be requested to meet any delegates who may be appointed by the other companies at the capitol on the 18th instant, or at such other time and place as may be agreed on. Very respectfully, Your obedient serv't, (Signed,) C. W. MACMURDO, Tr. OFFICE OF RICHMOND AND PETG R. CO., JAMES BROWN, JR., Esq. Second Auditor. DEAR SIR, Enclosed I send you a copy of resolutions passed at a meeting of the board of directors of the Richmond and Petersburg railroad company, on the 14th instant. Very respectfully, Your obed't servant, (Signed,) WIRT ROBINSON. Pres't. At a meeting of the president and directors of the Richmond and Petersburg railroad company, held on the 14th of August 1846: The president submitted to the board a letter received by him from the second auditor, dated 4th August 1846, enclosing copies of resolutions adopted by the Board of public works on the 3d of the same month. consideration whereof, On Resolved, That in accordance with the recommendation of the Board of public works, Mr. Holden Rhodes and Dr. Joseph M. Sheppard be, and they are hereby appointed delegates on the part of this company to confer on the 18th instant at the capitol, or at such other time and place as may be agreed on, with such delegates as may be appointed by the directories of the Petersburg railroad company, and the Richmond, Fredericksburg and Potomac railroad company, concerning the differences existing between the Petersburg railroad company, and the railroad companies north of Petersburg in Virginia, with full powers on the part of this company to adjust and finally settle all such differences. Resolved, That this resolution be communicated to the directories of the railroad companies aforesaid, and to the Board of public works. Owing to the absence of several of our directors, it was not until to-day that I was able to get a meeting of our board to consider the resolutions lately passed by the Board of public works. I give you below |