Or^
GENERAL
RAIL ROAD LAW,
ARTICLES OF ASSOCIATION
AND
B V- L .1 15*.V,
OF THE
AND
R E P 0 R T
OF THE
CHIEF ENGINEER.
PACIFIC AND ATLANTIC
RAIL ROAD COMPANY,
SAN JOSE:
HE MON, EMERSON & JONES, PRINTERS,
: 2 771 FIRST STREET, NEAR SANTA CLARA.
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ARTICLES
OF
ASSOCIATION,
AND
BY-LAWS
OF THE
PACIFIC AND, ATXANPPCj
i<
KAIL KOAD COMPANY;
TOGETHER WITH THE GENERAL LAW OF THE
STATE OF CALIFORNIA,
FOR INCORPORATING
RAIL ROAD COMPANIES.
SAN JOSE:
DAMON, EMERSON & JONES, PRINTERS,
FIRST STREET, NEAR SANTA CLARA.
185 1.
AN ACT
TO PROVIDE FOR THE INCORPORATION OF RAIL ROAD
COMPANIES.
The People of the State of California, represented in Senate awl
Assembly, do enact as follows :
RAIL ROJID COJflPJIJVIEs.
Section 1. Any number of persons not less than twenty-five, be¬
ing subscribers to the capital stock of any contemplated, rail road,
may be formed into a corporation for the purpose of constructing
owning and maintaining such rail road, of either single or double
track, by complying with the following requirements. When stock
to the amount of at least one thousand dollars for every mile of the
road so intended to be built, shall be in good faith subscribed, and
ten per cent, paid thereon, then the said subscribers may elect
Directors for the said Company, and thereupon they shall severally
subscribe articles of association, in which shall be set forth the name
of the Corporation, the number of years the same is to continue,
which shall not exceed fifty years, the amount of the capital stock
of the Company, (which may at any time be increased by filing a
certificate as hereinafter provided,) which shall be the actual cost
of constructing the road, together with the cost of the right of way,
motive power and every other appurtenance, for the completion
and running of said road, as nearly as can be estimated by eompe-
4
tent engineers, the number of shares of which said track shall con¬
sist, the number of Directors, and their names, to manage the concerns
of the Company, who shall not be one half in number of the stock¬
holders, and shall hold their offices until others are elected, the
place from and to which the proposed road is to be constructed,
and each county into and through which it is intended to pass, and
its length as near as may be, and the names of five Commissioners
to open books of subscription to the stock. Each subscriber to
such articles of association shall subscribe thereto his name, place
of residence and number of shares of stock taken by him in such
company. The said articles of association may, on complying with
the provisions of the next section, be filed in the office of the Secre¬
tary of State, and thereupon the persons who have so subscribed,
and all persons who shall from time to time become stockholders in
such company, shall be a body corporate, by the name specified in
such articles. Said articles of association may at any time before
the capital stock is fully subscribed for, be altered, modified or
changed, by the consent of all subscribers thereto, by filing new or
amended articles subscribed and acknowledged by all the subscri¬
bers to the original articles, and thereafter the Corporation shall be
conducted under the new and amended articles in the same manner
as though no alteration or amendment had been made thereto.
§ 2. Such articles of association shall not be filed in the office of
the Secretary of State, until ten per cent, on the amount of stock
first mentioned in the foregoing section shall have been actually
and in good faith paid in cash to the directors named in such ar¬
ticles, nor until there is endorsed thereon or annexed thereto an
affidavit made hy at least three of the Directors named in such
articles, that the amount of stock required by the first section has
been subscribed, and that ten per cent, on the amount has been ac¬
tually paid in.
^ 3. A copy of any articles of association filed in pursuance of
this act, with a copy of the affidavit aforesaid, endorsed thereon or
annexed thereto, and certified to be a copy by the Secretary of State,
shall, in all Courts and places, be presumptive evidence of the in¬
corporation of such Company and of the facts therein stated.
{4. When the certificate shall have been filed as aforesaid, the
persons who shall have signed and acknowledged the same, and
their successors, shall be a body politic and corporate by the name
stated in such articles, and shall be capable in law of purchasing,
holding and conveying any real and personal estate whatever in
every respect as an individual or natural person might or could do.
5. The Commissioners for opening books of subscription,
Darned in the act of incorporation, shall, from time to time, after
5
the Company shall be incorporated open hooks of subscription to
the capital stock of the Company, in such places in this State or
elsewhere, as they may designate, after giving such notice as a ma¬
jority of them shall direct, which books may be kept open until all
the capital stock shall be subscribed, if the Corporation shall so
long exist. And in case a greater amount of stock shall be sub¬
scribed than the whole capital stock of such Company, the Com¬
missioners shall distribute such capital stock as equally as possible
among the subscribers in proportion to the subscriptions, but no
share thereof shall be divided in making such distribution, nor
shall a greater number of shares be allotted to any subscriber than
such subscriber shall have subscribed,for.
§ 6. As soon as practicable after such capital stock shall have
been subscribed an 1 distributed as aforesaid, the Commissioners to
receive subscriptions thereto, shall appoint a time and place for the
meeting of the stockholders to choose Directors. Such meeting
shall be held in one of the Counties, in or through which such rail¬
road is proposed to be constructed, and notice thereof shall be given,
by said Commissioners, by public notice, to be published not less
than Nventy days previous thereto, in a newspaper published in
each County through which said road shall be intended to run, in
which a newspaper shall be published. Thirteen Directors shall be
chosen at such meeting, by ballot, and by a majority of the votes
of the Stockholders, being citizens of the United States, and being
present in person or by proxy'; and every such stockholder, being
present at such election, or any subsequent election of Directors,
shall be entitled to give one vote for every share of stock which he
shall have owned for thirty days next preceding such election, but
no stockholder shall vote at any such election upon any stock ex¬
cept such as he shall have owned for such thirty days. No person
shall be a Director, unless he shall be a stockholder, owning stock
absolutely in his own right, and qualified to vote for Directors at
the election at which he shall be chosen, nor unless he shall be a
citizen and a resident of this State, and at least seven of the Di¬
rectors shall, at the time of their election, be residents of the Coun¬
ties in or through which the route of such rail road shall run. The
Directors thus chosen, shall be Directors for one year, and until
others are duly elected in their places. The Commissioners named
in the last preceding section shall be inspectors of the first elec¬
tion of Directors, shall openly count the votes and declare the
result, and shall, within ten days thereafter, file a certificate there¬
of, subscribed by them, or a majority of them, in the office of the
Secretary of State, and in the office of the Clerk of each County
in or through which such railroad shall be proposed to be con-
6
structed, and «hall also deliver to said Directors, or the Treasurer
of such Company, all moneys received by such Commissioners on
subscription to such capital stock, and all books and papers in their
possession relating to such subscription, or belonging to said Com¬
pany. All subsequent elections shall be held at such time and
place, in one of the Counties through which such rail road shall pass,
as shall be directed by the By-Laws of the Company.
§ 7. In case it shall happen at any time that an election of Di¬
rectors shall not be made on the day designated by the By-Laws of
said Company, when it ought to have been made, the Company for
that reason shall not be dissolved, if within ninety days thereafter,
they shall hold an election for Directors in such manner as shall
be provided by such By-Laws. There shall be a President of the
Company, who shall be chosen by and from the Directors, and also
such subordinate officers as the Company, by its By-Laws may des¬
ignate, who may be elected or appointed, and required to give such
security for the faithful performance of the duties of their office, as
the Company by its By-Laws may require.
§ 8. It shall be lawful for the Directors to call in and demand
from the stockholders respectively, all sums of money by them sub¬
scribed, at such times and in such payments or instalments as the
Directors shall deem proper, under the penalty of forfeiting the
shares of stock subscribed for and all previous payments made
thereon, if payment shall not be made by the stockholders within
sixty days after a per tonal demand, or notice of requiring such
payment shall have been published in each of the Counties through
which said road shall be laid out, in which a newspaper shall be
published.
^ 9 The Directors of such Company shall have power to make
such By-Laws as they may think proper for the management and
disposition of the stock, property and business affairs of every
description whatever of such Company not inconsistent with the
Laws of this State or of the United States, and prescribing the du¬
ties of officers, artificers and servants that may be employed by said
Company; for the appointment of all officers and the carrying on
of all business within the objects and purposes of said Company.
^ 10. The stock of such Company shall be deemed personal
estate, and shall be transferable in the manner prescribed by the
By-Laws of the Company ; but,no shares shall be transferable until
all previous calls shall have been fully paid in, or the said shares
shall have been declared forfeited for the non-payment of calls
thereon.
f) 11. The President and a jnajority of the Directors, within
thirty days after the payment of the last instalment of the capital
r
stock so fixed and limited by the Company, shall make a certificate
stating the amount of the capital so fixed and paid in, which cer¬
tificate shall be signed by the President and a majority of the Di¬
rectors, and sworn to by the President, and they shall within the
said thirty days file and record the same in the office of the Secre¬
tary of State.
$ 12. If the Directors of the Company shall declare and pay any
dividend when the Company is insolvent, or any dividend the pay¬
ment of which would render it insolvent, they shall be jointly and
severally liable for all the debts of the Company then existing,
and for all that shall be thereafter contracted, so long as they shall
respectively remain in office. Provided, that if any of the Direct¬
ors shall be absent at the time of making the dividend, or shall
object thereto, and shall within thirty days thereafter, or after his
return, if absent, file a certificate of his absence or objection in wri¬
ting with the Clerk of the Company, and with the Clerk of the County
in which the principal office of the Company is located, they shall
be exempt from the said liabilities.
§ 13. If the officers of the Company shall make a false certificate,
or report or publish a false notice for the purpose of deceiving or
defrauding the stockholders or the public, in relation to the con¬
cerns and affairs of the Company,—all the officers who shall, have-
signed the same, shall be jointly and severally liable for all the
debts of the Company contracted while they are Directors or officers
thereof.
§ 14. No person holding stock in such Company as Executor, Ad¬
ministrator, Guardian or Trustee, and no person holding such stock
as collateral security, shall be personally subject to any liability as
stockholders of such Company, but the person pledging such stock
shall be considered as holding the same, and shall be liable as a
stockholder accordingly, and the estates and funds in the hands of
such Executor, Administrator, Guardian or Trustee, shall be liable in
like manner and to the same extent as the testator or intestate,
or the ward or person interested in such fund would have been if he
had been living, and competent to act and hold the same stock
in his own name.
§ 15. Every such Executor, Administrator, Guardian or Trustee-
shall represent the stock in his hands at all meetings of the Com¬
pany, and may vote accordingly as a stockholder, and every person
who shall pledge his stock as aforesaid, may nevertheless represent
the same at all such meetings, and may vote accordingly as a
stockholder.
§ 16. Every such Corporation shall have power, first, to cause such
examinations and surveys for the proposed rail road to be made as
8
may be necessary to the selection of the most advantageous route
for the rail road ; and for such purpose, by their officers, agents and
servants, to enter upon lands or waters of any person or persons,
subject to responsibility for all damage which they shall do thereto.
Second, to receive, hold, take and convey such voluntary donations
of real estate and qther property as shall be made to aid and en¬
courage the construction of said road. Third, to purchase and by
voluntary grants and donations receive and take, and by its offi¬
cers, engineers, surveyors and agents, enter upon and take possession
of and hold, and use in any manner they may deem proper, the same
as a natural person might or could do, all such lands and real estate
and other property, as the Directors may deem necessary for the
construction and maintainance of its rail road, and the stations,
depots, and for other accommodations and purposes whatever,
deemed necessary to accomplish the objects of the Company.
Fourth, to lay out its road or roads not exceeding nine rods wide,
and to construct and maintain the same with a single or double
track, with such appendages as may be deemed necessary for the
convenient use of the same, and for the purpose of cutting, embank¬
ments, and procuring timber, stone, and gravel, may take as much
more land as may be necessary for the purposes aforesaid, in the
manner hereinafter provided as may be necessary for the proper
construction and security of the road. Fifth, to construct their
road across or upon any stream of water, water course, roadstead,
bay, navigable stream, or highway, rail road, or canal, which the
route of its road shall intersect or cross ; but the Corporation shall
restore the stream or water course, road or highway, rail road or
canal, thus intersected, to its former state, as near as practicable, so
as not to impede its usefulness.
§ 17, Any Company organized under this Act, may enter upon,
take possession of, and use all such real estate and property as
may be required for the construction and maintainance of a single
or double track rail road, and the convenient accommodations apper¬
taining to the same, making compensation in the manner herein¬
after provided, for all lands, real estate and property thus taken
possession of and used, except such as may be voluntarily given to,
or purchased at an agreed price, by the said Corporation. When¬
ever the said Corporation shall not ha ve acquired by gift or purchase,
any land, real estate or property, so acquired as aforesaid or which
may be affected by any operation connected with such construction
and maintenancej it shall be lawful for the company or its agent to
apply to the Judge of the District Court, either in term time, or
vacation of the County, where the said lands, real estate or property
shall lie, by a petition signed by its Attorney or Agent, describing
9
with convenient accuracy, and certainty by map, or otherwise, the
lands, real estate or property, so required to be taken or to be
affected, setting forth the name and residence of each owner, or
other persons interested therein as owner, claimant, tenant, lessee,
or incumbrancer, as far as known to such attorney or agent, or ap¬
pearing of record ; and praying the appointment of commissioners
to ascertain the compensation to be made to such owners and per¬
sons interested for the taking or injuriously affecting such lands,
real estate, or property as aforesaid. The Judge shall have satis¬
factory evidence that notice of an intended application, and the
time and place thereof, for the appointment of commissioners of
appraisement, between said corporation and the owners and persons
interested in such lands, real estate and property, had been given
at least five days previously, to such owners, personally, or to
some person of suitable age at his residence, or on the premises, or
by publication thereof in a newspaper printed in the County,
in which such land, real estate or property may lie; such publica¬
tion to be allowed only in respect to owners, who shall appear by
affidavit, to have no residence in the County, known to such agent
or attorney, whereat such notice could be delivered as aforesaid.
The Judge may adjourn such proceedings from time to time when
necessary to the furtherance of justice, and may direct any further
notice thereof to be given that may seem proper ; shall hear the
ijroofs and allegations of the parties interested, touching the regu-
arity of the proceedings, and shall by an entry in his minutes ap¬
point five competent and disinterested persons, commissioners to
ascertain such compensation as aforesaid, specifying in such entry
a time and place for the meeting of the Commissioners. The said
Commissioners, before entering upon the duties of their office shall
be sworn, and any one of them may administer oaths to witnesses
produced before them, and may adjourn from day to day to enable
the parties to procure testimony, but for no longer period than one
day, without the consent of both parties, until the matter is finally
determined, unless otherwise ordered by the said Judge for good
cause shown. Whenever they shall meet to hear proofs or allega¬
tions when they have adjourned, any of the Commissioners may
issue subpoenas and compel witnesses to appear and testify, they
shall hear the proofs and allegations of the parties, and three or
more of them shall after viewing the premises, without fear, favor
or partiality ascertain and certify the compensation proper to be
made to the said owners and parties interested for the land, real
estate and property so to be taken or injuriously effected as afore¬
said over and above the additional value, which such land, real
estate and property will derive from the construction of such road.
2
10
They or a majority of them shall make, subscribe and file with the
Clerk of the County in which such lands, real estate or property
shall lie a certificate of said ascertainment and assessment in which
said lands, real estate and property shall be described, by map or
otherwise, with convenient accuracy and certainty. Either party
feeling agrieved by the decision of the Commissioners, may appeal
to the Supreme Court as in other cases tried before the District
Court, Provided, That such appeal shall not prevent the Compa¬
ny from proceeding with their work or retaining or taking pos¬
session of such lands, real estate and property as may be necces-
sary for the successful prosecution of their road. The Court or
Judge upon such certificate and due proof that such ascertainment
or assessment has been paid to the parties entitled to the same, or
has been paid in to the Clerk of the Court of the proper County,
shall make and cause to be entered in his minutes a rule describing
such lands, real estate and property in manner aforesaid. Such
ascertainment or assessment of compensation with the mode of ma¬
king it, and such payment or deposite of the same compensation as
aforesaid, a certified copy of such rule be recorded and indexed in
the proper Recorder's office in the like manner and with like effect
as if it was a deed of conveyance in fee simple from the said own¬
ers and parties interested, to the said Corporation. Upon the
entry of such rule the said Company shall become entitled to use
and occupy all lands, real estate and property described in said
rule as required to be taken as aforesaid duringUhe continuance of
the Corporation, by this or any subsequent act, and may take pos¬
session of what they are not at the time in possession of, and hold
and use all described in said rule for the purposes of said road, or
otherwise for the benefit of the Company, and shall thereupon be
discharged from 'all claims for damages by reason of any matter
specified in the said petition, certificate or rule of Court.^ If at
any time after an attempted or actual ascertainment of compensa¬
tion under this or any other act, or any purchase by, or donation to
the said Corporation of any lands for the purposes aforesaid, it shall
appear that the title thereby acquired to all or any part of such
lands for the use of said road or of said Corporation shall fail or be
deemed defective, the said Corporation may proceed anew to perfect
such title by procuring an ascertainment of the compensation proper
to be made to any person or persons whose title, claim or interest
in, or lien upon such lands shall not have been compensated and ex¬
tinguished according to law and by making payment thereof, in the
manner hereinafter provided as near as may be, and at any stage
of such new proceedings, or of any proceedings under this Act, the
Court or Judge in Chambers, may by a rule in that behalf made,
11
authorise the said corporation, if already in possession to continue
in the use and possession, and if not in possession, to take possession
of and use such premises during the pendancy and until the final
conclusion of such proceedings, and may stay all actions or pro¬
ceedings against such Corporation, on account thereof; provided,
such Corporation shall pay a sufficient sum into Court, or give ap¬
proved security to pay the compensation in that behalf, when as¬
certained; and in every case where possession shall be authorised,
it shall be lawful for the owner or owners to conduct the proceed¬
ings to a couelusion, if the same shall be delayed by the said Com¬
pany. The said Commissioners shall be entitled to receive from
said corporation, their reasonable disbursements, and a compensa¬
tion per day, to be fixed by said Court or Judge, not to exceed five
dollars for each day actually employed by them in the discharge of
their duties, such disbursements to be taxed and allowed by the
Court or Judge. If any Commissioner so appointed shall die, be
unable or fail to serve, the Court or Judge may appoint another
in his place on reasonable notice of the application, to be approved
by the Court or Judge.
§ 18. In case any married woman, infant, idiot, or insane person,
or any unknown owners not personally notified to appear after such
notice on the appointment of Commissioners shall be interested in
any such lands, real estate or property, the Court or Judge shall
appoint some proper person to appear before the said Commission¬
ers, and act as attorney for and in behalf of the said married woman,
infant, idiot, or insane person, unknown or non-appearing owner,
not personally served with notice.
^ 19. If at any time after the location of the track of said road
in whole or in part, and the filing of the map thereof, it shall ap¬
pear to the Directors of said Company, that the line in some parts
thereof may be improved, it shall be lawful for the said Directors,
from time to time, to alter the line and cause a new map to be filed
in the office, where the map showing the first location is or shall be
filed, and may thereupon proceed to take possession of the lands
embraced in such new location that may be required for the con¬
struction and maintenance of said road on such new line and the
convenient accommodations appertaining to the same, and acquire
the same either by agreement with the owner or owners, or by such
proceedings, as near as may be, as are authorised under the pre¬
ceding sections of this act, and use the same in place of the line for
which the new line is substituted.
t20. Whenever the track of the railroad shall cross a railroad
ighway, such railroad or highway may be carried under or over
the track, as may be found most expedient, and in case where an
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embankment or cutting shall make a change in the line of such
rail road or highway desirable, with a view to a more easy ascent or
descent, the said Company may take such additional lands for the
construction of such road or highway on such new line as may be
deemed requisite by said Directors, unless the lands so taken shall
be purchased or be voluntarily given for the purposes aforesaid ;
compensation therefor shall be ascertained in the same manner in
this act Heretofore provided as near as may be and duly made by
the said Corporation to the owners and persons interested in such
lands, the same when so taken, on compensation made, to become
part of such intersecting rail road or highway, in such manner and
by such tenure as the adjacent parts of the same highway may be
held for highway purposes.
$21. If any such Corporation shall for its purposes aforesaid,
require any land belonging to the people of this State or any of the
Counties or towns, the State, County and town officers respectively
having charge of such lands, may grant such lands to such Corpora¬
tion for a compensation which shall be agreed upon between them,
or donate the same, and if they shall not agree upon a sale and
price, the same may be taken by the Corporation as is before pro¬
vided in other cases.
$ 22. The Legislature may, when any such rail road shall be
opened for use, from time to time alter or reduce the rate of freight
or fare upon such road, but the same shall not, without the consent
of the Corporation, be so reduced as to produce less than thirty-five
per cent, per annum on the capital stock, and the actual amount
expended in improving [and] in keeping said road in repair up to
the time of the reduction of such fare or freight.
$ 23. If any passenger shall refuse to pay his fare or toll, it shall
be lawful for the Conductor of the train and the servants of the
Corporation, to put him out of the cars at any stopping place the
Conductor shall select.
$ 24. Every such Corporation shall start and run their cars for
the transportation of passengers and property at regular times to
be fixed by public notice, and shall furnish sufficient accommoda¬
tions for the transportation of all such passengers and property as
shall within a reasonable time previous thereto, offer or to be of¬
fered for transportation at the place of starting and the junctions
of other railroads, and at stopping places established for receiving
and discharging way passengers and freight, and shall take, trans¬
port and discharge such passengers and property at, from and to,
such places on the due payment of the tolls, freight and fare estab¬
lished and authorised by said Company or the Directors thereof.
$ 25 In case of refusal by such Corporation or their agents, so
13
to take and transport any passenger or property that can reasona¬
bly and properly be carried, or to deliver the same when taken,
within a reasonable time, such Corporation shall pay to the party
aggrieved all damages which shall be sustained thereby, with costs
of suit.
^ '26. In forming a passenger train, baggage or freight, or mer¬
chandise or lumber cars, shall not be placed in rear of passenger
cars, and if they or any of them shall be so placed and any acci¬
dent happen to life or limb, the officer or agent who so directed or
knowingly suffered such arrangement, and the Conductor and En¬
gineer of the train shall each and all be held guilty of intention¬
ally causing the injury, and be punished accordingly.
$ '27. If any person shall, while in charge of a locomotive engine,
running upon any rail road for such Corporation, or while acting as
the Conductor of a car or train of cars on any such rail road be in¬
toxicated, he shall be deemed guilty of a misdemeanor, and on con¬
viction thereof shall be fined in any sum not exceeding five hun¬
dred dollars, or imprisoned in the County jail [not] exceeding three
months.
§ 28. If any person shall wilfully do or cause to be done any act
or acts whatever, whereby any building, construction or work of
any such Corporation, or any engine, machine or structure, or any
matter or thing appertaining to the same or to the track of said
road, shall be stopped, obstructed, impaired, weakened, injured or
destroyed, the person or persons so offending shall be guilty of a
misdemeanor, and shall forfeit and pay to said Corporation treble
the amount of damages sustained by means of such offence, besides
a fine not exceeding five hundred dollars, or imprisonment in the
County jail not exceeding six months, or both such fine and im¬
prisonment in the discretion of the Court.
$ 29. Every such Corporation shall, within a reasonable time af¬
ter their road shall be finally located, cause to be made, first a map
and profile thereof, and of the lands taken or obtained for the use
thereof, and file the same in the office of the Secretary of State, and
also like maps of the parts thereof located in different Counties, and
file the same in the office for recording deeds, in the County in
which such parts of said road shall lie, there to remain on file as of
record. Every such map shall be drawn on a scale, and on paper
to be designated by the chief or principal Engineer of said Corpora¬
tion, and certified and signed by the President of said Corporation
and the chief Engineer, second, a certificate specifying the line
upon which it is proposed to construct the rail road and the grades
and curves.
$ 30. If such Corporation shall not within two years after its
14
final incorporation, begin the construction of its road and expend
thereon five per cent, on the amount of its capital, and finish the
road and put it in full operation in five years, its Act'of incorpora¬
tion shall be void.
CHAPTER III.
Of Rail Road Companies.
$ 31. An Act entitled, an "Act concerning Corporations," passed
April twenty-second, eighteen hundred and fifty, is hereby repealed.
32. This Act shall be in force and take effect from and after
its passage.
JOHN BIGLER, Speaker of the Assembly.
DAVID C. BRODERICK, President of the Senate.
Approved April 28, 1851, )
JNO. McDOUGAL. \
Office of Secretary of State, )
Vallejo, June 30, 1851. $
I hereby certify that the foregoing is a true copy of an original
Act now on file in this office.
WM. VAN VOORHIES,
Secretary of State.
Know all men by these presents, that the undersigned, being
subscribers to the stock of a contemplated rail road from the City
of San José, in the County of Santa Clara, in the State of Califor¬
nia, to the City of San Francisco, in said State, amounting to at
least one thousand dollars for every mile of the rail road intended
to be built ; and which said stock has been by them subscribed in
good faith, and ten per cent, paid thereon ; and, being desirous of
forming a Corporation, do hereby adopt the following
ARTICLES OF ASSOCIATION :
We, the undersigned, whose names are hereto subscribed, hereby
organise, form, and become a Corporation and body corporate,
under, and in pursuance of the provisions of an Act, entitled " An
Act to provide for the incorporation of Rail Road Companies,
Approved, April 28th, 1851," for the purposes of constructing,
owning, and maintaining a Rail Road from the City of San José,
in the County of Santa Clara, to the City of San Francisco ; said
Corporation to be known by the style or name of " The Pacific
and Atlantic Rail Road Company," to continue for the term of
fifty years from the day of the date hereof.
The capital stock of said Corporation shall be and is hereby fixed
at One Million, Two Hundred and Fifty Thousand Dollars, being
the actual cost of said road, right of way, motive power, and all
other appurtenances to run said road, as estimated by competent
engineers ;*and shall consist of and be divided into Twelve Thou¬
sand, Five Hundred Shares, of One Hundred Dollars each.
1G
The number of Directors to manage the said Corporation shall
be, and is hereby fixed at thirteen ; and the names of the persons
who have been selected to act as the Directors of such Corporation,
and to hold their offices until others are elected, are
DAVIS DIVINE,
EL IS IIA 0. CROSBY,
WILLIAM D M. HOWARD,
DANIEL MURPHY,
THOMAS 0. LARKIN,
SAMUEL J IIENSLEY,
JAMES ALEXANDER FORBES,
JAMES C. COBB,
PETER I. DAVIS,
PETER VAN CHANEGHAN,
SHERMAN DAY,
JOSEPH C. PALMER,
JOSEPH ARAM.
The place from which the proposed rail road is to be constructed,
is some point in the City of San José, in the County of Santa
Clara; and the place to which said rail road is proposed to be con¬
structed, is some point in the City of San Francisco, in the County
of San Francisco ; and the Counties of Santa Clara and San Fran¬
cisco are all the Counties into, or through which, said rail road is
intended to pass.
The length of said proposed rail road is, as nearly as the same
can now be ascertained, fifty-three miles.
The five persons who have been selected, and are hereby desig¬
nated as Commissioners, to open books of subscription for the stock
of the said Corporation, are Wm. D. M. Howard, Samuel J.
Hensley, Joseph C. Palmer, James C. Cobb, and Ciias. White.
In witness whereof we have hereunto severally subscribed our
names, and places of residence, this sixth day of September, in the
year of our Lord, one thousand, eight hundred and fifty-one.
names.
residences. | no. of shares.
BY-LAWS
OF THE
PACIFIC AND ATLANTIC
Hail Hoaîi Compang.
1. The officers of the Company shall he a President, a Vice
President, a Treasurer, a Secretary, and one or more Engineers.
2. The above offices shall be filled by the Directors by ballot.
3. Whenever a person holding the office of Director shall die,
resign, or sell his stock, his office shall be vacant, and another com¬
petent stockholder shall be appointed by the Directors, to fill the
office so vacated.
4. All officers appointed by the Directors, shall hold their places
during the pleasure of the Board.
5. There shall be an Executive Committee to consist of the
President and four members of the Board, and a Finance Commit¬
tee, to consist of three members of the Board. These Committees
shall be appointed annually, and oftener if necessary.
6. The President shall have the general snpervision of the
affairs of the Corporation, and shall preside at all meetings.
7. The Vice President shall preside in the absence of the Pres¬
ident, and discharge all his duties while so absent, or during a
vacancy in the office of President.
8. The Treasurer shall have the eustody of the funds of the
Association, and shall, under the direction of the Finance Com¬
mittee, in the absence of instructions from the Board of Directors,
take the general care of the same. He shall give such security as
the Finance Committee may require.
9. There shall be certificates of stock issued, and the transfer
of the same shall be by a surrender thereof, and by a proper
transfer in the books of the Company, signed by such stockholder,
or his properly authorized agent or representative.
18
10. The Executive Committee shall have the general power of
advice and direction, when the action of the Board is not specific,
and detailed, and shall, when called upon, decide and direct in all
matters.
11. The Engineer, or Engineers, shall conduct the surveys of
the road, under the direction of the Executive Committee, and of
the Board.
12. No transfer of stock in the Company shall be made for ten
days next previous to any annual election of Directors, nor shall
any such transfer be made for ten days next previous to the time
appointed for any dividend to be declared on said stock.
13. The presence of a majoritf of the Directors shall be neces¬
sary to constitute a regular quorum. There shall be a stated
annual meeting of the Directors at the time and place of holding
the annual election.
14. The common seal of the Corporation shall be engraved with
the name of the Company on the margin, or outer circle, with a
Locomotive Engine in the centre.
15. It shall require the concurrence of a majority of the Board
of Directors to alter, annul, or enact a by-law of the Company.
DUTIES OF TREASURER.
It shall be the duty of the Treasurer to receive and disburse,
under the direction of the Board of Directors, or President and
Executive Committee, all moneys belonging to the Company, and
to keep regular and systematic accounts of all such receipts and
disbursements ; also, to render annually, (and oftener if required.)
to the Committee of Finance, a full account of all his receipts and
disbursements during each year, or for such time as required, with
the vouchers in support thereof, and to make and prepare such
an annual report to the Board of Directors as shall be required by
the By-Laws, and to submit the same at the regular annual meeting.
He shall also keep an account of stock held by the stockholders,
and the amount paid thereon, as is hereinafter more particularly
provided for.
He shall keep all the books, papers, and moneys of the Company
in the most approved Salamander Fire Proof Iron Safe. No money
shall be paid out by the Treasurer, for any purpose, except upon a
draft drawn by the Secretary, arid approved by the President, or
in such other manner as the Board of Directors, or Executive Com¬
mittee, may from time to time direct.
He shall, on or before the tenth day of each month, make a
report to the President of all moneys paid out during the preceding
month, and once in three months, the balance in the treasury, and
19
■when deposited, and how secured and kept ; and in making up
accounts of money expended in and about the said Rail Road, he
shall, as far as practicable, state separately the sum expended on
each separate account ; that is to say, the amount expended for
preliminary surveys, for the purchase of ground, for the right of
way, or otherwise ; for grading the road ; for materials used in the
construction of the same, or repairs, and for work and labor in
applying the same; also, an account of moneys expended in the
purchase of horses, carriages, and all other utensils or apparatus
used in and about the said road. And after the completion of said
road, or any part thereof, so th%t tolls or other profits shall be
received therefrom, a separate account of all such tolls or profits,
distinguishing the receipts for the conveyance of passengers, and
for freight, separately, together with a separate account of all
moneys expended in the purchase of horses, carriages or carts,
engines and other apparatus required for conducting the business
to be transacted on such road, and all expenditures of money made
for repairs of said road, and the appurtenances thereto belonging,
or for charges in conducting the business thereon—to the end that
the Board of Directors may be enabled to make and file in the
ofiice of the Secretary of State, an annual report in detail, of their
receipt and expenditures, as required by the Act " to provide for
the incorporation of Rail Road Companies."
The Treasurer shall annually, at least thirty days before any
annual election of Directors, and oftener if required by the Presi¬
dent, make out a transcript from his Stock Ledger, setting forth
in alphebetical order the names of the several stockholders in the
Company, at the time being, with the numper of shares belonging
to each stockholder, to be submitted to the Board at their annual
meeting.
DUTIES OF SECRETARY.
It shall be the duty of the Secretary to keep regular minutes of
all proceedings of the Directors (and the Executive Committee
when required) at every meeting of the Board, and to record tho
same in a book provided for that purpose. He shall draw on the
Treasurer for all moneys disbursed by the Company; but no draft
shall be drawn by him on the Treasurer for any purpose except
upon a voucher or account setting forth the nature of the claim for
which the money is claimed, which voucher must have been pre¬
viously approved by a member of the Executive Committee shall
be carefully filed away and preserved by the Secretary. He shall
give notice to all tho Directors, at every meeting of the Board, by
letters through the public mail or otherwise, of the time and place
20
of all meetings of the Board, except, such meetings as shall be
held in pursuance of an adjournment duly made at any regular
called meeting, and to such members as may be absent from such
meeting. He shall immediately after the adjournment of every
meeting of the Board of Directors, send to the Treasurer a state¬
ment of all moneys directed to be paid at said meeting by the
Board. He shall also, before the annual meeting of the Board in
deliver to the Chairman of the Finance Committee, a certifi¬
cate of all the moneys directed to be paid out of the Treasury and
all vouchers in his hands upon which he has drawn upon the
Treasurer, during the year then ending ; to the end that the Fi¬
nance Committee may compare accounts and settle with the Trea¬
surer.
Passed September 22, 1851.
DAVIS DIVINE, President.
SHERMAN DAY, Secretary pro tern.
REPORT
OP THE
CHIEF ENGINEER.
To the President and Directors of the Pacific and Atlantic Rail
Road Company:
Gentlemen:—In compliance with your instructions, the En¬
gineer department was organized, and the preliminary surveys for
a rail road connecting the cities of San José and San Francisco,
were commenced on the 18th of September last. Since that date,
the intervening ground has been thoroughly examined, and a line
of location established.
It will be proper, before noticing the surveys, to give a brief
topographical description of the country traversed by the road.
The city of San José is situated 13 miles south of the head of
San Francisco Bay, near the middle of the beautiful and fertile
valley of Santa Clara, which has at this point, a width of about 18
miles.
The general course of this valley is nearly parallel to the Pacific
coast, from which it is separated by the Santa Cruz Mountains,
while another range (the Contra Costa Mountains) forms its North-
Eastern boundary, and divides it from the valley of the San Joa-
quin. The last named range terminates to the North, at the
Straits of Carquines ; and Mount Piablo is its highest peak.
22
The Santa Cruz range extends North-Westerly to the Pacific
Ocean, which it strikes about seven miles South-West of the
Golden Gate.
Between these ranges lie the valley of Santa Clara, the Bays of
San Francisco and San Pablo, and the City of San Francisco.
On the Western side of the Bay, eight miles South of San
Francisco, is an elevated peak called Mount San Bruno, which
forms the North-Western terminus of the valley land on the side
of the Santa Clara valley. Several high and long spurs extend
from this mountain Northward to the Pacific Ocean, and East¬
ward to the Bay, and give to the promontory on which the City of
San Francisco is situated, its rugged and mountainous character.
The Southern arm of the Bay terminates about 30 miles South
of San Francisco, and from San Bruno to its head is encompassed
by marsh land, overflowed by the tides.
Between the base of the mountains and the wet lands, there is,
on both sides of the Bay, an interval of valley land, sloping gently
to the Bay, and gradually increasing in width and decreasing in
inclination as we advance' Southwardly, until at the head of the
Bay it forms a continuous plain from mountain to mountain.
The plain near the mountain is composed of a sandy loam, inca¬
pable of retaining water," but the lower lands are of an alluvial
character.
The streams which issue from the mountains, sink in the higher
parts of the valley, and re-appear on the low lands, and form
springs and marshes. During the rainy season, the accumulated
waters from the mountains rush through deep channels cut in the
gravelly soil, and spread themselves over the alluvial lands below.
Annually the winter torrent sweeps with it a body of sand which
is deposited on the plain. When this sand has accumulated suffi¬
ciently, a dam is formed, which is broken by a subsequent action of
the water ; more sand is carried down and similarly deposited, and
thus gradually on each side of the bed of the stream a bank is
raised above the level of the natural surface in its vicinity. By
referring to the accompanying profile, it will be seen that this cu¬
rious feature characterizes most of the arroyos crossed by the
located line.
In the selection of a proper route for a rail road, it has been
my endeavor, having due reference to grades. and directness, to
{lace the line as far as practicable on the higher slope of gravel
and.
With these remarks, I shall proceed to the
PRELIMINARY SURVEYS.
An experimental line was run, commencing at Peter Davidson's
23
lot, on the South side of Santa Clara street, in the City of San
José. A direction parallel to Santa Clara street was assumed and
continued across the Guadalupe Hiver and the low lands on the
Western side of the stream. The line then curved to the right on
a radius of 3820 feet for seven-tcrjths of a mile, and was continued
in a tangential direction 10 3-4 miles to a point South of Mariano
Castro's house. The line then curved to the right on a radius of
5730 feet for 1500 feet, and from the termination of this course a
straight line was run to a point (marked A on the map) near
Angelo's.
The route above described passed a short distance South of the
town of Santa Clara, but between San José and Santa Clara it
crossed a considerable extent of land subject to bo overflowed in
the rainy season, which would be avoided by a more Southern line.
It was also found that at Campbell's Creek, the Arroyo Cupertino,
the Arroyo de las Yeguas, and the Embarcadero of the Itancho de
las Pulgas, an improved line could be obtained by keeping further
from the Bay. A new position (B) 761 feet South-West of A was
therefore assumed, and the survey continued across the San Mateo,
and over the land of Jose de la Cruz Sanchez as far as the French
Tavern, near the base of Mount San Bruno. Here two routes
diverging at the point marked C on the map, presented themselves
for examination. One, passing between the mountain and the
Santa Cruz range, and crossing a spur of the San Bruno at the
gap near the Abbey Hotel, enters the valley of Islar's Creek.
The other passes between the Bay and Mount San Bruno, and
crosses the spurs of the mountain which intervene between this
mountain and San Francisco.
The Western line first received our attention, and a survey was
made across the Abbey summit and continued to the Mission
Dolores. The summit near the Abbey has an elevation of 299
5-10 feet above high tide. The level of the ground at the Night¬
ingale Hotel in the Mission Dolores, which may be assumed as the
general level of the plain, is 34 feet above high tide, neither is it
practicable to construct a rail road, the grade of which at the Mis¬
sion shall differ materially from this level. The distance from the
Abbey summit to this point is 4.73 miles. Hence, assuming a
depth of cut of 38.5 at the Abbey summit, a grade of 4S feet to
the mile is required to reach the Mission. In addition to the
serious disadvantage of using so high a grade, this line presents, in
many parts, an exceedingly irregular profile. At the summit of
the ridge dividing Islar and Precito Creeks (South of the Itace
Course) a depth of cutting of 104.5 feet would be necessary in
order to maintain this grade.
24
It will be observed that both Islar and Precito Creeks flow into
the tide marsh West of Capt. De Frees' house, and that the
dividing ridge terminates abruptly to the East at the head of the
marsh. An attempt was made to pass around the ridge in this
direction, but the ground was so broken, it was found impracticable.
The preliminary examinations on the Bay line, fully demon¬
strated its great superiority over this route.
Returning to the position C, near the French Tavern, the sur¬
vey was extended to a point D, on the shore of the Bay; near San
Bruno. Here the line of location evidently required that it
should cross an angle of the Bay Also an inspection of the
ground showed that an accurate survey of the shores of the Bay,
from this position to near Hunter's Point, was necessary, to deter¬
mine the proper location of the line. This was accordingly made,
and the whole accurately plotted. The result of these examina¬
tions showed that it was requisite that the line of location should
pass from Point San Bruno, across the indentations of the Bay,
to the extremity of the projecting point, which is the termin¬
ation of the spur of San Bruno, which shuts in Visitation valley
on its Northern side. A proper position (E) was assumed beyond
this point, and surveys carried across two depressions in the spur
which forms Hunter's Point, or South San Francisco. The most
Eastern depression (marked E on the map) is 88 feet, and the
Western (marked F) 69 feet above tide. The last named position,
in addition to the advantage of its lower level, enables us to con¬
tinue the line beyond this point on the side-hill at the head of the
marsh, North of Capt. De Frees', thus avoiding all the marsh land
except 800 feet at the mouth of Islar and Precito Creeks.
Following this side-hill, the surveys were conducted to a point
(G) a short distance East of the Race Course. From this point
to Third street in San Francisco, two lines were examined and
found practicable. One passes by the Mission Dolores, a short
distance East of the Nightingale Hotel and across the intervening
sand hills, in a direction parallel to Mission street, until it inter¬
sects Third street in San Francisco. The other crosses Mission
Creek at the brick kiln, and entering the city in a direction oblique
to the course of Mission and Howard streets, likewise terminates
at Third street. This line presents the most favorable profile, and
has been adopted as part of the location.
In this connection, I may also state that a line was examined
from near the corner of Market and St. James streets, in San
José, crossing the Alameda gardens, belonging to Com. Stockton,
and entering Santa Clara near the Southern corner of the Mission
orchard Thence it was continued until it intersected street,
and along this street to the line already described.
25
This line passes over a great extent of marshy ground, will be
expensive in its construction, does great injury to private property,
both on the Rancho of Com. Stockton and in the town of Santa
Clara, and has no claims sufficient to warrant its adoption.
After the conclusion of the preliminary surveys, the Engineer
corps proceeded to complete the location, adopting as portions of
the located line, such parts of the experimental survey as could
properly be included.
location.
Beginning in the City of San José at the middle of San Fer*
nando street, and on the South-West side of Market street, the
line follows the course of San Fernando street 4521 feet, crossing
the Guadalupe River above Mr. Sufiol's Mill, by a pile bridge
200 feet in length, and the low grounds beyond by an embank¬
ment. It then curves to the right on a radius of 5730 feet, until
it enters Dr. Hepburn's enclosure, when it assumes a straight
direction which is continued 8.8 miles to a point near the Arroyo
Cupertino, South of Mr. Creighton's house.
Curving again to the right, it crosses the Arroyo Cupertino, and
pursues a direct line 2.7 miles, when it deflects to the right and
attains a course which it follows for 6.6 miles, crossing the Arroyo
de las Yeguas by a bridge 70 feet in length, and San Francisquito
Creek, South of the present bridge, by a bridge 100 feet long.
The course of the road then deflects three degrees and is located
on a straight line, passing North of Angelo's house and crossing
the San Mateo by a bridge of 100 feet span.
From San José to Angelo's the country presents to the eye the
appearance of an almost level plain. But an inspection of the ac¬
companying profile shows that there is considerable variation in the
absolute height of different points, although the undulations are
hardly perceptible to the casual observer.
From Angelo's to San Mateo there is but a narrow valley be¬
tween the hase of the hills and the bay, and beyond San Mateo
many of the spurs extend to the bay.
From San Mateo the line is traced along the side hill deflecting
to the left as we approach the residence of Chino Sanchez and
again to the right near the house of Jose de la Cruz Sanchez. At
the French Tavern it curves to the right, and crossing a stretch of
low land, pierces a sandy ridge and attains the shores of the bay
near Point San Bruno.
Tho line now curves around the rocky point of San Bruno and is
4
26
located in a straight direction to the extremity of the bluff forming
the northern boundary of Visitation valley.
Here it is designed to construct a pile bridge 13,300 feet in
length.
The character of the bottom of the bay was ascertained by care¬
ful soundings at a number of points in the located line.
The average depth of water at high tide is 10 feet, and the ave¬
rage depth of mud 23 feet. There is great uniformity in the depth
of water and character of the bottom, and there is everywhere
sufficient depth of mud to give adequate stability to the piles.
The bridge is estimated for piles 45 feet in length, (6 being
driven at each bent,) and the bents are placed 10 feet apart. The
piles are then capped and braced, and the bents connected by 4
longitudinal stringers, two 8 by 14, and two 10 by 14 inches, the
latter designed to be directly under the rails of the track. The
bridge, which is 15 feet in width, is covered with three inch plank,
■on which the iron rails are laid.
T have stated particularly the mode in which it is proposed to
build this part of the work, as its cost forms the largest item in the
-expense of constructing your read.
It is designed to fill up the space between the shores and the
ends of the pile bridge with solid embankment.
From the northern end of the pile bridge the line curves to the
left, and passing the rocky point leaves the Bay and crosses the
South San Francisco ridge at the point already indicated, 69 feet
above tide water.
At this summit we have estimated a depth of cutting of 33 feet,
which places the grade line at 36 feet above tide.
The line then crosses Islar's Creek and is conducted along the
slope of the high ground at the head of the marsh three fourths of
a mile above Captain De Frees' house. Thence, crossing Precito
Creek and passing east of the race course, it curves to the right,
and assuming a straight direction near the brick kiln crosses
Mission Creek on a bridge 150 feet in length and enters the City
of San Francisco. This line was continued in the same direction to
Third street, which it intersected between Howard and Mission
Streets. From this point, where the survey terminates, the line
pi^n be conducted to the wharves of the Bay, without encountering
auy difficulties as regards curvature or grades.
The height of the grade line at Third street is 15 feet above
high tide.
The whole length of the road from Market street, San José, to
Third street San Francisco is 48.04:
27
42.07 toiler.
1.14 "
0.64 "
1.95 «
2.24 "
48.04 miles.
15.78 miles.
2.06 "
4.83- "
8.73 "
9.77 "
6.87 "
48.04 miles.
The graduation has been estimated for a road bed 16 feet in
•width on embankments, and 20 feet in excavations, the sides having
a slope of 1 1-2 feet horizontal to 1 foot perpendicular. Où the
first division, from San José to San Mateo Greek, six-sevenths of
the earth work consists of borrowed earth and spcril bank ; Or, in
other words, the road bed is made by forming the embankments
from the side ditches, and by removing the earth in the cuts and
depositing it on the adjacent banks—neither process requiring the
employment of horses and carts. There are no deep cuttings above
(or South-East) of Point San Bruno, and no rock will be encoun
tered. Between San Bruno and Mission Creek, there is rock in
all the spurs and ridges crossed by the line of location. The
present cost of rail road iron in Liverpool is £5 per ton, and freight
from that port to San Francisco, from £2 10s. to £3 per ton.
The duty, which is 30 per cent., is charged on the prime cost—
commissions and all charges arising at the port of embarkation.
It will be seen that the price estimated, $50, allows a considerable
margin on*these rates, and is sufficient beyond a doubt, should
rails in Europe continue at the present very low figure.
It will be the policy of the Company to commencé laying the
superstructure at points in the vicinity of landings accessible by
vessels navigating the Bay. Launches freighted with iron can
unload at the head of Mission Creek, at the embarcadero1 of the
Sanchez Rancho, at San Mateo Creek, at the embarcadero of the
" Rancho de las Pulgas," South of Angelo's, and at the landing on
San Francisquito Creek; all of which are in immediate proximity
to the road. From the two latter points, the Santa Cruz Moun¬
tains, where an abundance of red wood timber can be procured,
are not more than five miles distant. This wood is less subject to
decay than any known in the Atlantic States, and no better mate¬
rial for cross ties can bo desired.
Of this distance there are of straight lines
Of curves having a radius of 8595 feet
« « « 7473 u
« " « 5.730 "
« u u 2.865 "
There are of level road
Of Gradients under 5 feet to the mile
do. over 5 ft. and not exceeding 10 ft.
do. " 10 « « " " 15 "
do. " 15 " " " « 20 "
do. " 20 " « « « 21.6 "
bac
~T
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
GRADES ON THE PACIFIC AND ATLANTIC RAIL
•AD, FROM SAN JOSE TO SAN FRANCISCO.
Length of
Grade in
miles.
Grade
per mile
in feet.
Rise of
Grade in
feet.
Fall of
Grade
in feet.
Elevation
above high
tide in feet.
.57
Level.
96.
1.03
17.6
18.
114.
1.03
Level.
114.
1.36
8.8
12.
102.
.97
10.5
10.2
91.8
.45
Level.
91.8-
.97
1.75
1.7
93.5
2.84
12.8
365
130.
.62
8.8
5.5
135.5
.91
11.4
10.4
125.1
3.30
20.6
68.1
57.
1.47
15.8
23.4
33.6
.40
Level.
33.6
2.04
20.
41.4
75.
1.14
7,75
8,8
66.2
2.10
21.6
45,5
20.7
.74
15.8
11.7
9.
1.09
2,8
3.
12.
1.76
Level.
12.
.91
19.8
18.
30.
.91
16.
15.
15.
1.36
Level.
15.
.74
9.5
7.
22.
.97
12.
12.
34.
.91
17.6
16.
50.
.97
18.
18.
32.
1.53
11.
17.
15.
2.59
Level.
15.
.97
5.28
5.
20.
.79
19.
15.
5.
5.12
Level.
5.
1.47
21.2
31.
36.
1.93
Level.
36.
1.51
14.
21.
15.
.57
Level.
15.
48.04
29
3 U M M A R y.
Length of
Level in
miles.
Length of gradients in miles.
From
0 to 5 ft.
From
5 to 10ft.
From
10 to 15ft.
From
15 to 21.6 ft.
15.78
2.06
4.83
8.73
16.64
STATEMENT OF
LENGTH OF STRAIGHT LINES AND CURVES.
Straight
Line.
Miles.
' 0.86
8.79
2.71
6.61
10.05
2.56
2.08
2.21
2.37
1.48
0.22
0.78
1.35
"42.07"
Radius
8595 feet.
Miles.
1.14
1.14
Radius
7473 feet.
Miles.
0.64
0.64
Radius
5730 feet.
Miles.
1.04
0.16
0.15
0.06
0.18
0.36
1.95
30
ESTIMATES.
ESTIMATE OF COST OF GRADUATION, MASONRY AND BRIDGING.
FIRST DIVISION.
From San José to San Mateo Creek, 29.66 miles:
255,960 cub. yds. earth work, 30 cts. $76,788.00
43,561 " " " 42 " 18,295.62
765 " bridge masonry, $10 7,650 00
Superstructure of bridges, 12,100.00
Grubbing and clearing, 6,000.00
$120,833.62
SECOND DIVISION.
From San Mateo Creek to the beginning of the pile bridge at
Point San Bruno, 10.1 miles:
11,094 cub. yds. earth work, 30 cts. $35,728.20
42,754 " " " " 36 " 15,391.44
56,231 " " " " 60 " 33,738.60
2,675 " " Bridge Masonry, $9 24.075.00
Superstructure of Bridges, 8,000.00
. 1 , .
$116,933.24
THIRD DIVISION
Includes the proposed pile bridge across the indentation of San
Francisco Bay, North of Point San Bruno, 2.52 miles:
13,300 ft. of pile bridging, at $25, $332,500.00
FOURTH DIVISION.
From the North end of the pile bridge to the Raoe Course, 3.47
mileB :
214,371 cub. yds. earth work, 40 cts. 85,748.40
50,457 " " rock, $3, 151,371.00
706 " "■ arch masonry, $ 10, 7,060.00
$244,179,40
FIFTH DIVISION.
*From the raJce course to Third street, Sau Francisco, 2.28 miles:
78,55*3 cub. yds. earth work, 40 cts. $31,421.20
0,147 « " rock,, $3,00 18,441.00
921 " " masonry, (abutments to bridge over
Mission Creek,) $9, 8,289.00
Superstructure of bridge over Mission Creek, 150 feet,
*t$40v 6,000.00
$64,151.20
31
SUMMARY OF COST OF GRADUATION, MASONRY AND BRIDGING.
First Division, (29.66 miles.) $120,833.62
Second " (10.10 " 116,933.24
Third " (2.52 « 332,500.00
Fourth " (3.48 " 244,179.40
Fifth " (2.28 " 64,151.20
$878,597.46
ESTIMATED COST OF ONE MILE OF SUPERSTRUCTURE !
88 tons rails, (56 lbs. per yard) at $50, 4,400.00
660 chairs, 16 lbs. each—10,560 lbs.—at 6 cts. 633 60
4000 lbs. spikes, at 6 cts. 240.00
2000 sleepers, 7 1-2 ft. long, 6 by 7 in. at 60 cts. 1,200.00
Laying track and distributing material, 1,000.00
Total for one mile, $7,473.60
Cost of 51 miles of superstructure, (including 3 miles
for side tracks, and extension of the road to the
wharves of San Francisco.) at $7,473.60, $381,153.60
Graduation, masonry and bridging, 878,597.46
$1,259,751.06
Add for superintendence, ten per cent., 125,975.11
Total cost of constructing the road, $1.385,726.17
BUILDINGS AND FIXTURES.
Two depots, at $10,000 each, $20,000
Six way stations, $500 " 3,000
Two engine houses, $5,000 each, 10,000
One machine shop, 10,000
Two turning tables, $3,000, " 6,000
Total, $49,000,00
LOCOMOTIVES, CARS, ETC.
Five locomotive engines and tenders, $9,000, $45,000
Ten passenger cars, $3,000, 30,000
Four baggage " 1,000, 4,000
Six platform " 800, 4,800
Twenty covered freight ears, $1,000 20,000
Six hand freight cars, $100, 600
Total, $104,400
32
The total cost of the Rail Road, buildings and running fixtures,
■will consequently be as follows :
It will be observed that the Rail Road does not leave the valley
until it reaches Mount San Bruno, which is but 8 1-4 miles from
San Francisco, and that all the expensive part of the graduation
■occurs on the six miles embraced in the third and fourth divisions.
The graduation on the first and second divisions, including five-
sixths of the whole length of the road, could be completed, the
superstructure laid, and the road put in operation as far as Point
■San Bruno, within a year.
At the Northern termination of the second division, where it is
designed to continence the pile bridge, there is 5 feet water at low
tide and ten feet at high tide, and there are no obstructions to
navigation between this point and San Francisco. By placing a
good steamboat on the Bay, to ply between Point San Bruno and
San Francisco and connect with the Rail Road, passengers could
be conveyed from city to city in 2 1-2 hours, and freight in 4 hours.
Vessels also could come to the wharves at Point San Bruno and
receive cargoes of agricultural produce destined for Stockton,
Sacramento and the mining sections of the State.
The following is an estimate of the amount required for building
the road from San José to Point San Bruno:
Graduation, masonry and bridging 39.76 miles (1st
«and 2d divisions.) $237,766.86
Superstructure 41 miles, (including 1.24 miles of side
Construction of Road,
Buildings and fixtures,
Running furniture,
$1,385.726.17
49,000.00
104,400.00
Total,
$1,539,126.17
track.) at $7,473,60,
306,417.60
Add for superintendence 10 per cent.,
$544,184.46
$54,418 44
Cost of Road from San José to Point San Bruno,
598.602.90
To which add for
Wharf at Point San Bruno,
Buildings and fixtures,
Locomotive engines, cars, &c.,
Steamboat on the Bay,
15,000.00
35,000.00
90.000.00
50.000.00
Total,
$788,602.90
S3
Which is the whole amount required to put the road in operation
from San José to San Bruno, and to complete the line of commu¬
nication to San Francisco by steamboat.
It will thus be seen that many of the advantages to be derived
from the construction of the Rail Road can be obtained at an
outlay little above one half the whole cost of constructing the
road. We have no doubt that' it will be the true interest of the
stockholders to complete the line at as early a day as is practicable
throughout its whole extent, and the object of the preceeding re¬
marks has merely been to show that you may safely commence
the construction of your work when the subscription to the stock
amounts to $790,000.
SOURCES OF REVENUE.
We shall now endeavor to ascertain what will be the probable
amount of business on your Road. In an address of the com¬
mittee appointed at a public meeting of the citizens of San José in
relation to the feasibility and expediency of a Rail Road between
San José and San Francisco, adopted Jan'y. 29th, 1851, they say :
During the last seven months the amount of passenger travel
between this place and San Francisco has not been less than 10,500
at an average expense of $16 each, making a total of $168.000.—
During the same time, about 2,000,000 feet of lumber were brought
to the Embarcedero at an average cost of $15 per thousand feet,
amounting to $630,000 ; to this must be added $30,000 for other
freight. In this enumeration we omit the immense quantities of
hay, wood, brick, potatoes, quicksilver, cattle and various other
articles which have been transported to San Francisco by water or
land. To this we must add the cost of carting to and from the
Embarcadero. Some estimate may be formed of the enormous
item of this expense, by the fact that one firm and that not one of
the largest, has paid during six months over $3,000.
" These facts justify the supposition that the expense of trans¬
portation for the six months ending December 31, 1850, has not
been less than $300,000, or more than one-sixth the entire receipts
of all the rail roads in Massachusetts.
" The history of rail roads has established the fact that in a
short time they greatly increase the amount of freight and travel,
particularly the latter. Our wisest rail road directors abroad lay
it down as a rule, that any route will sustain a rail road, when the
expense of grading comes within reasonable limits, and that sus¬
tains a daily stage, because the increased facilities for traveling
afforded by a rail road, invariably increase the number of travelers.
When merchants, living sixty or one hundred miles from the city,
can enter the cars in the morning, make their pnrchases, and return
the same day, their visits increase more than ten fold."
5
34
Since this address was written another season has passed away,
in which the amount of passenger travelling has been more than
doubled, and the aggregate of freight has also greatly increased.—■
There are now three lines of communication between San José
and San Francisco—one daily, by Messrs. Hall & Crandal's splen¬
did line of coaches, and two tri-weekly, connecting with steamboats
at Alviso and Union City. The daily average of through passen¬
gers each way cannot be less than 50 persons.
The President of the Company has taken the pains to collect
the following statistics:
PRODUCE SHIPPED FROM SANTA CLARA VALLEY TO SAN FRANCISCO THE
PAST SEASON.
Barley, 3,292 tons.
Potatoes, 6.416
Hay, 10,700
Fruit, (chiefly from the Missions,) 450
Lime, 1,200
Tomatoes, 169
Cabbages, 710
Onions, Beets, Pumpkins, Corn, Carrots, Turnips and
Melons, 3,900 "
26,837 "
From the New Almaden Mines, there has been shipped
of Quicksilver and flasks, during the currant year, 2,000 tons.
28,837 "
i _
There have been driven to San Francisco from Santa Clara
valley and through the valley from the Southern part of the State :
20,000 beeves, at 400 lbs. each, 4,000 tons.
25,000 sheep, 75 " 937 "
10,000 calves, 75 « 375 "
5,000 hogs, 150 " 375 "
5,687 "
Number of tons of freight brought into Santa Clara Valley in
the year 1851, consisting of merchandize, lumber, flour, farming
utensils &c. as derived from merchants in San Jose, Santa Clara,
Alviso, and persons engaged in freighting, 17,400 tons.
Let us now see what the people of Santa Clara Valley have paid
the present season for transporting their merchandize to market.
The average cost of freight, including the expense of land trans¬
portations for the distance over and above what will be required to
reach the rail road has not been less than $15 per ton.
35
Down freight 28,837 tons at S15, $432,555
Up freight 17,400 " " 15, 261,000
For driving live stock and loss of weight we shall
estimate 1-2 et. a pound or $10 per ton, 5,687
tons beeves, sheep &c. at $10, 56,870
Total, $750,425
The number of passengers traveling by public conveyances be¬
tween San José and San Francisco may be safely estimated at an
average of 25 a day each way for the six months ending June 30th,
and for the six months ensuing at 40 a day each way. The ave¬
rage rate of fare for each passenger for the former of these periods
was $14, and for the latter about $10.
50 passengers for 181 days—9050 passengers—at $14, $126,700
80 " 184 " 14.720 « at $10, 147,200
Total from passengers, $273,900
do. " freight, 750,425
Total, $1,024,325
It appears then that the conveyance of persons and freight be¬
tween Santa Clara valley and San Francisco will actually cost,
during the present year, more than one million dollars.
Let us now turn our attention to another source of revenue.
San Francisco is barricaded by sand hills, from which we do not
escape until we reach the Mission Dolores, and hither all the
pleasure-seeking part of the population resort for relaxation and
amusement. Here are the first gardens we meet with, and here
also is the race course and the arena for the exhibition of the com¬
bats of bulls and bears. On Sundays and holidays the road is
thronged with omnibuses, carriages, men on horseback, and pedes-
triaus. The number of passengers carried to and from the Mission,
by public conveyances alone, has been ascertained to be 4,000 a
month, or at the rate of 48.000 per annum. When the means are
provided by the construction of a rail road for easy and cheap
access to the country, many merchants will undoubtedly secure
residences for their families either at the Mission, or at more dis¬
tant localities.
The mildness and salubrity of the climate of San José will make
it a favorite abode for invalids, and for many whose business does
not require their constant presence in San Francisco. F'rom the
Mission Dolores to the Pass of the San Bruno Mountain, near the
Abbey Hotel, the public road passes over deep gulches, and from
the Pass to the foot of the Mountain on the south side, it traverses
36
sand hills for several miles. In a word, it is, and always must be,
a bad road, and it would seldom be traveled were the rail road
built.
The southern base of San Bruno is, by our line, less than nine
miles from San Francisco, and above this point is a large body of
land well adapted for grazing or culture. The difficulty of access
to the market makes the land at present of little value, but the rail
road will create and engross a considerable amount of travel and
traffic at this point. As we proceed southward, the land improves
in quality until we reach the head of the bay.
The valley of Santa Clara extends from the southern extremity
of the bay of San Francisco, to the Mission of San Juan Bautista,
a distance of fifty miles, and it embraces an area of not less than
six hundred square miles. The land is probably not surpassed in
fertility by any in the world, and all its products must become tri¬
butary to your road. The adjacent hills also abound in mineral
wealth. Limestone is found in the low hills on both sides of the
valley, and the large quantity of Quicksilver sent from New Alma-
den will be greatly increased by the products of the Guadaloupe
and San Antonio Mines.
Having intimated some of the sources of revenue, we shall now
present an estimate of the business of the Company for the first
year it is in operation.
Estimate of probable receipts of the Pacific and Atlantic Rail
Road Company, the first year subsequent to its completion.
PASSENGERS.
150 through passengers (75 each way) daily, or 54,750
per annum, at $5, 8273,750
50 way passengers (25 each way) daily, from all the
way stations except the Mission Dolores, or 18,250
per annum, at $2,
70,000 to and from Mission Dolores, 50 cts.
Total income from passengers,
FREIGHT.
Down freight, 40,000 tons, at 85,
Up freight, 25,000 " at 85,
Total income from freight,
836,500
835,000
8345,250.
8200,000
8125,000
8325,000
Total income from freight and passengers,
8670,250
37
EXPENSES.
$52,200
$35,000
$4,500
$30,000
$30,000
$50,000
$50,000
$251,700
Balance nett revenue, $418,550
■or 27.19 per cent, on $1,539,126.17, the cost of the road, fixtures,
and equipment:
It is difficult to estimate the increase in passengers and freight
which will be created by the construction of a rail road. The
natural progress of population and business is so rapid in the
United States, that it is impossible to ascertain what proportion of
the increased traffic which has followed the construction of rail
roads, was a direct consequence of that fact, and what was owing
to extraneous causes. We trust, however, that we shall have no
difficulty in showing that the estimate we have made of the
receipts of the road during the first year of its operation, is
not too high, and that in a very short time the annual revenue
must greatly exceed that amount. Baron Charles Dupin, in his
" Report on the Paris and Orleans Railway," makes the following
statements :
" Experience has proved, both in France and abroad, that in a
short space of time the facility, expedition, and economy afforded
by railways more than doubles the number of passengers, and the
quantity of merchandize.
" In order to support such statements, we will quote the following
facts relative to the railways of Belgium, England and Scotland,
in positions of extreme difference, and giving rise to a variation in
the returns which far exceeded all anticipation :
Deduct expenses as follows :
Repairs of locomotives, passenger, baggage and freight
cars, (equal to one-half their original cost),
3,500 cords of wood, at $10,
Oil,
Salaries, wages, and incidental expenses chargeable to
passenger department,
do. " to freight department,
Repairs of road, and reserved fund for renewing and im¬
proving the same,
Salaries of President, Superintendent, and Treasurer,
law expenses, &c.,
38
" Comparison of the number of traveler's conveyed daily throughout
a whole or a portion of the line :
No. of pass, before No. of pass, after
railways. the establish- the establish¬
ment. ment.
Manchester and Liverpool, 400 1,620
Stockton and Darlington, 130 630
Newcastle and Carlisle, 90 500
Arbroath and Forfar, 20 200
Brussels and Antwerp, 200 3.000
Increase of the number of Passengers by the establishment of a
Railway.
Liverpool and Manchester, 300 percent.
Stockton and Darlington, 380 " "
Newcastle and Carlisle, 455 " "
Arbroath and Forfar, 900 " "
Brussels and Antwerp, 1,400 " "
" Thus, even taking, as a criterion, the road on which the pro¬
portional increase is least of all, we still find that the number of
passengers will not only 100 but 300 percent. The transport of
merchandize will experience a similarly rapid increase."
Edward Teisserence, an agent of the French Government, in an
official communication in relation to English Railways, says :
'■ The Darlington Railway has produced, by its low rates of pas¬
sage and freight, a complete revolution in the region of country
which it traverses. It has increased the value of land 100 or 200
per cent. By these low rates, the freight estimated at 80,000 tons,
has been increased to 640,000 tons. The passengers estimated at
4,000. have been increased to 200,000."
The following extract on the influence of railways in developing
the resources of a country, is taken from the second Report of the
Irish Railway Commissioners:
" On the Newcastle and Carlilse road, prior to the railway, the
whole number of persons the public coaches were licensed to carry
in a week were 343, or both ways, 686. Now, the average daily
number of passengers by railwayJfor the whole length, viz : 61.8
miles, is 228, or 1,596 per week.
" The number of passengers on the Dundee and Newtyle Line
exceeds at this time 50.000 annually; the estimated number of
persons who performed the same journey previous to the opening
of the Railway having been 4,000.
" Previous to the opening of a Railway between Liverpool and
Manchester, there were about 4,00 passengers per day, or 146,000
per year, traveling between these places by coaches, whereas the
present number by Railway alone, exceeds 500,000.
39
"In foreign countries the results arising from tlie same cause, are
equally, if not more striking. The number of persons who usually
passed between Brussels and Antwerp, was 7 5,000 in the year;
but since the rail road has been opened from the former place to
Malines, it has increased to 500.000 ; and since it was carried
through to Antwerp, the number lias exceeded a million. The
opening of a branch from Malines to Termonde appears to have
added '200,000 to the latter number, so that the passenger traffic
of that rail road superceding a road traffic of only 75,000 persons,
now amounts to 1,200.000."
The following tabular statement of several rail roads in Massa¬
chusetts shows the estimated number of passengers before these
roads were built, and the number transported upon them during
the year 1848 :
Name of Road.
Estimated No. No. of pas-
of pass, before sengers car-
opcwxl. ried in '48.
Boston and Worcester,
Boston and Lowell,
Fitchburg,
Eastern,
Boston and Maine,
Boston and Providence,
Fall River,
'23,500
807,143
37,400
525,764
7 1,790
745,825
121,700
1,021,169
1,057,569
569,127
241,107
4,967,704
The preceding statement not only exhibits the wonderful increase
in the amount of traveling on the four roads first mentioned, since
these works were constructed, but it also shows that the aggregate
number of passengers conveyed annually on the seven rail roads
which diverge from Boston amounts to nearly five millions of
persons, or to twenty-five times the entire population of that city.
But a few years shall pass away before the population of your
great commercial capital will be equal to that of Boston at this
date. Rail roads even now are projected and will soon be com¬
menced, from Stockton and Sacramento to the gold mines. As
soon as these are completed, (and they will afford a rich harvest to
the stockholders,) the produce of Santa Clara Valley will pass over
your road, not only for the supply of San Francisco, but for the
whole of the eastern section of the State. What a prospect does
this open for the valley, and who can estimate the accruing traffic
on your road. The actual cost of transporting produce from the
vicinity of San José to the nearest gold mines is at this moment
40
at least $100 per ton. Construct these roads and it will be deliv¬
ered at one-fourth this cost. There are, besides, many articles of
a perishable nature witli which they will be supplied, which are
now entirely beyond their reach. The saving to the people of New
York iu the price of milk and vegetables by the construction of the
Erie Rail Road was $900,000 per annum. What will the saving
be to the people of San Francisco, Stockton, Sacramento, and the
mining districts by the construction of your road ? When the rail
road is built to San José, reasons as imperious as those which now
urge you to begin your enterprise, will demand the contiuance of
the road to the South. In a few years the rail roads constructed
in other parts of the State will be united to yours by connecting
links, and your road will be the artery through which these life-
giving veins will pour their rich streams into San Francisco, which
may, to continue the figure, be appropriately termed the heart of
the State.
You have judged properly when you have assigned to your road
the position of the most Western link in the great chain of rail
roads which, before many years, will extend from the cities of the
Atlantic sea board, to the commercial metropolis of the Pacific coast.
No one can seriously entertain the idea that a public work of this
magnitude will terminate at any other point than the City of San
Francisco, and to reach this termination it must enter the Valley
of Santa Clara, and unite with your road. I have not the temerity
to attempt the discussion of the national and commercial importance
of this gigantic project. The execution of this task would require
an amount of information I do not possess, and a political foresight
to trace the future progress of the American people in the arts of
civilization, and in extending those arts to distant countries, which
can only be claimed by the wisest statesman of the age.
I cannot close this report without expressing my obligations to
Mr. A. T. Arrowsmith, Principal Assistant Engineer, for his val¬
uable co-operation in the field, and for his assistance subsequently,
in preparing the Profiles and Estimates.
I desire also to acknowledge the services and amiable deportment
of Messrs. W. A Eliason, L. B. IIealy, and A. W. Thompson,
Assistant Engineers on the line of survey.
The map which accompanies this report has been executed with
great care and precision by my Associate, Mr. Sherman Day, and
exhibits very clearly the topography of the country in the vicinity
of the line of location.
WILLIAM J. LEWIS,
Chief Engineer.
San Jose, December 13, 1851.
Officers an!) Committees
OF THE
PACIFIC AND ATLANTIC
Officers :
DAVIS DIVINE, - -
JAMES A. FORBES, -
C. E. ALLEN, - - - •
SAM'L. J. HENSLEY, -
President.
Vice President.
Secretary.
Treasurer.
Executive Committee:
D. DIVINE, SHERMAN DAY,
E. 0. CROSBY, PETER I. DAVIS,
PETER VAN CHANTEGHAN.
Finance Committee:
JOSEPH ARAM, E. L BEARD,
WM. D. M. HOWARD.
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