CALCASIEU Proposed Contract and Specifications for the Sinking of Shaft , &c. r for the Calcasieu Sulphur and Mining Company of Louisiana , at their Mines in the Parish of Calcasieu , in this State ; laid before, and now tinder consideration , by the Board of Directors of said Company , jfor acceptance , or otherwise : Know all Mex by these Pretexts, That Mr. Constant Louis de Ham, of Newport, Kentucky, of the first part, does hereby enter into contract and agreement with the Calcasieu Sulphur and Mining Company, a duly organized corporation under the general laws of the State of Louisiana, and domi- ciled in the city of New Orleans, in said State, rep- resented by a special committee composed of Michel Musson and Charles Gaschet de l’lsle, of New Orleans, on behalf of the Board of Directors and Company, of the second part, for the following purpose, and in the manner herein below set forth and designated. Article 1. The said De Ham agrees to sink a wooden shaft of not less in depth than one hundred and twenty 751199 2 (120) feet, not less in inside diameter than eighteen feet eight inches in the clear, and disposed in a rectangular form, with an inscribed ring or circle, giving a total thickness of two feet of timber, as fully described in the plan and specifications to be by him furnished, and in accordance with the spe- cifications '’of the Company hereto annexed and made part hereof, lettered A. Article II. The said De Ham agrees to sink the iron ex- tracting shaft furnished to him by the Company, after the system of Kind & Chaudron, and in accordance with the specifications of the Company, lettered A, as above. Article III. The said De Ham agrees to execute, complete and deliver, in a perfect workmanlike and artistic manner, and in compliance with the plans and spe- cifications above referred to, the said preparatory and extracting shaft, and the derricks therefor, within fifteen months time, beginning fifteen days after the date of ratification of this contract by the Board of Directors of the Company. In default of said De Ham complying with the conditions of this article, he hereby obligates and binds himself to pay to the Company a sum of One Hundred Dollars per day, until the completion of said shaft. Article IV. The Company agrees to pay to said De Ham a bonus of Eive Thousand Dollars ($5000), condi- tioned that he completes the shaft within ten months from the date of his commencing the work, as stated in Article III. Due allowance of time will be made by the Company for such delay of the work as may occur in furnishing by the Company the double tubing which might be required in passing the calcareous stratum. Article V. The Company agrees to pay the said De Ham for said work, the sum of One Hundred Thousand Dollars ($100,000), in the following manner : 1st. When each and every sixty feet of the one hundred and twenty feet of the wooden revetment shall have been completed in a satisfactory manner and received by the Company, the sum of Six Thou- sand Dollars ($6000) shall be paid to said De Ham 2d. At the end of each and every month, the Company will pay to said De Ham the sum of Eighty Dollars for each and every running foot in depth in passing through the stratum of quick- sand, to be measured by the length of the exterior tubing inserted, beginning from the foundation of the wooden shaft. 3d. Tor the excavation of the balance of the shaft through the calcareous stratum to the sulphur bed, the Company agrees to pay to said De Ham the sum of One Hundred Dollars for each and every running foot, said payments to be made monthly. 4th. After the successful lowering of the inte- rior extracting iron shaft, with its attachment of the moss box, the Company agrees to pay said De Ham the sum of Three Thousand Dollars ($3000). 5th. When the necessary concrete will have 4 been inserted around the shaft, and when the water will have been pumped out of the shaft, the Com- pany agrees to pay to said J>e Ham the sum of Eour Thousand Dollars ($4000). 6th. When the false revetment below the moss box, and the twenty additional feet of excavation below said false revetment, shall have been com- pleted, the Company will pay to said De Ham the sum of Four Thousand Six Hundred ( and Eighty Dollars ($4680). 7th. The balance of the contract price of One Hundred Thousand Dollars will be paid to said De Ham in the following manner : 1st. Twenty-five Thousand Dollars ($25,000) in Eive Hundred Shares of the Capital Stock of the Company, at their full paid price of Fifty Dollars ($50) per share. The said Five Hundred Shares to be deposited and held in trust in the bands of a third party, hereafter to be agreed upon, for deliv- ery to said De Ham on successful completion of the work. 2d. The balance remaining due will be paid in cash to said De Ham on successful completion of the work. 3d. The above two last payments, constituting the second half of the contract price, is to be con- sidered the fifty per cent, of back per centage retained by the Company, as a guarantee for the faithful execution of the work. Article YI. The Company reserves the right of appointing a Supervising Engineer or Agent at the mines, upon 5 whose certificates of approval and measurement of the work as it progresses, the above partial and final payments of money and delivery of stock to Mr, deHam will be made. Article YII. The said DeHam obligates himself to furnish, on or before the first of January next, 1874, good and solvent security to the Company in the sum of Fifteen Thousand Dollars ($15,000), that he will faithfully and diligently execute the work according to contract, plan and specifications, and complete and deliver the same within the time therein speci- fied. Article YIII. In case of failure of the shaft, the said DeHam obligates and binds himself to sink another of the same kind and dimensions, after the system of Kind & Chaudron, without additional compensa- tion, and the partial payments made to him shall be imputed to the second shaft, thus not exceeding the contract price of One Hundred Thousand Dol- lars : and the said DeHam further obligates himself to remove at his own expense the derricks and other apparatus and tools from the first to the second shaft. The Company, on their part, agree to bear the expense of removing the extracting engine, if necessary, and the cost of replacing the iron tubing lost in the first shaft, and needed for the second shaft. Article IX. It is distinctly understood and agreed between the contracting parties hereto, that the price of One 6 Hundred Thousand Hollars, payable as above stipu- lated, is to embrace all the charges and demands for the execution of the work, and no extra compensa- tion for materials, labor or supplies, shall be made by DeHam on the Company for doing said work. Article X. In case of the death of said DeHam, it is under- stood and agreed between the contracting parties, that this event happening when the preparatory shaft shall have been completed to the sulphur bed, his heirs, executors, administrators or assigns will have the privilege of finishing the work, they as- suming all the responsibilities and obligations of said deHam under this contract, and deriving all of the benefits of this contract, provided that a delay of not exceeding twenty (20) days be and is hereby allowed to said heirs or legal representatives or assigns, for the resumption and continuation of the work to completion, on the terms and conditions of this contract : in default of which the Company will have the right of completing the work and taking possession without the intervention of a court of law T , at the risk and expense of the heirs and legal representatives or assigns of the seccession of said DeHam. Be it furthermore understood and agreed, that if the death of said DeHam should happen before the sulphur bed is reached, as stipulated in the first clause of this article, then and in such an event this contract shall cease and be annulled between the contracting parties, and the following settlements will be made by the Company with bis heirs, legal representatives or assigns, (less the liens and privi- leges which may be due by said Deli am to his laborers and material men for work and materials furnished to him in the execution of the work, and also less the partial payments which he may have received from the Company on account of the work), to wit : 1st. If his death happens when working through the wooden shaft, the Company will pay his heirs, legal representatives or assigns at the rate of One Hundred and Ten Dollars ($110) per running foot in depth executed and accepted. 2d. If his death happens when passing through the quick-sand, the Company will pay to his heirs, legal representatives or assigns at the rate of One Hundred and Twenty Dollars ($120) per running foot in depth, executed and accepted. 3d. If his death happens when boring through ealareous stratum, the Company will pay his heirs, legal representatives or assigns at the rate of One Hundred and Forty Dollars ($140) per running foot in depth, executed and accepted. Article XI. This obligation and agreement, though dated in Kentucky, is to be governed in its construction by the laws of Louisiana, and is subject to the ratifica- tion of the Board of Directors of the Calcasieu Sulphur and Mining Company within thirty days from the date hereof. Article XII. As an amendment to Article III of this Con- 8 tract, it is mutually agreed and understood between the contracting parties, that the phrase in said arti- cle begining with the words “ within fifteen months u time begining fifteen days after the date of ratifi- “ cation of the contract by the Board of Directors u of the Company,” and there ending, is altered to read as follows : within fifteen months from the first of November next (1873). Thus done in the city of Louisville, State of Kentucky, on the Nineth Day of September, A.D. Eighteen Hundred and Seventy-three, in presence of the subscribing witnesses and in duplicate. [Signed] ‘ C. L. DE HAM, ML. MUSSON. OH. G. DE L’ISLE. Attest : Gus. A. Breaux. Alex. Boxxeval. SPECIFICATION S For the Smiting of a Shaft at full level ( according to the system of Kind & Chaudron ) in the Parish of Calcasieu , State of Louisiana , for the Calcasieu Sulphur and Mining Company of Louisiana , and which are made part of the contract dated September 9 tli, 1873, between said Company and Constant Louis de Ham , of Newport , ICentucky. Article I. The shaft will be located on a spot which will be ultimately selected by said De Ham and the Engi- neer or agent of the Company. This location shall 9 not be situated more than five hundred yards from the two artesian borings made by the Company, of which the plans and details have been turned over to the contractor. Article II. The sinking of the shaft is divided into two dis- tinct operations — the preparatory shaft, and the extracting shaft itself. SINKING OF THE PREPARATORY SHAFT. 1st. In sinking the preparatory shaft, the Com- pany leave the contractor at liberty to use whatever means he may choose, upon the condition that he will make use of the iron revetments already on the spot. 2d. The two artesian borings, executed fifty yards from each other, have given, the first, one hundred and sixty feet, the second, one hundred and sixty-five feet of clay, with intervening strata of running sand. Next, the first, one hundred and seventy-three feet, the second, one hundred and seventy-nine feet of quick-sand. Thirdly, the first, one hundred and ten feet, the second, eighty-four feet of calcareous stratum, intermixed with clay strata. 3d. The upper part of said preparatory shaft to he of wood, not less in depth than one hundred and twenty feet, not less in inside diameter than eigh- teen feet eight inches in the clear, and disposed in a rectangular form, with an inscribed ring or circle, giving a total thickness of two feet of timber, as fully described in the plans and specifications to he furnished by C. L. de Ham. 10 4th. It appears from the boring that the calca- reous section contains two crumbling places, one from four to five feet in height, the other from seven to forty-live feet, as shown by comparing the two borings. If for this section a new and single iron revetment is needed, it would require to be from forty-two to seventy -two feet in length. Should such revetment be found necessary, 0. L. de Ham agrees to give notice of it to the Company, and wait until said revetment can be procured and delivered to him, without giving him cause for claims or damages from the Company for said delay. 5th. The preparatory shaft must be constructed in such a manner as to prevent the crumbling of its walls, and to allow the introduction of the ex- tracting tube, leaving an annular space of three and one-fourth inches for the concreting, in a word, leaving an open vertical space, cylindrical in shape, of twelve feet seven inches and live lines diameter. Its depth will be determined by the position which the moss box will occupy, as will be stated here- after. 6tli. Fourteen feet above the spot on wdiieh the moss box shall finally rest, the excavation will be progressively contracted so as to have on the eight or nine last feet exactly the diameter of the moss box, which consequently, will be tightly fitted into the place prepared for its reception. 7th. In contracting for this work, the Company will deliver to the contractor the following materi- als, viz : 11 1st. An extracting steam engine complete and already put up, and also two engines smaller in size and not put up. 2nd. A steam cylinder with m crwsiii-Hg- for the trepans work. 3d. A large and smaller trepan complete. 4th. Two sand pumps. 5th. The necessary rods for the work of the tre- pans and sand pumps. 6th. Two adjusting screws, chains for the beam to work the trepans. 7th. Aset tools, such as are gen eraly used in rescuing a lost or broken tool in the shaft. 8th. The necessary iron to construct the elastic piece and the working beam, connecting the trepan w ith its working cylinder. 9th. Also all the buildings, improvements, saw mill, shops and tools, the whole as described in an inventory, to be signed by the contracting parties at the time of the delivery of same, also all the timber on foot needed for the w T ooden shaft, der- ricks, cord w T ood for engine and fuel. It is agreed and understood that the said ma- chinery, tools, buildings and improvements shall be kept in repairs by the contractor at his own cost, and shall be returned by him after the completion of the shaft in good order, wear and tear excepted. THE EXTEACTING TUBE. 1st. The final lining of the shaft or extracting tube w ill be carefully put together as prescribed by Mr. Chadron in his works, of which a Copy has been furnished to said 0* L. deHarn. 12 2nd. Lead joints will be inserted between the rings and carefully rammed into the interior. 3d. Two coats of minium paint will be put between the iron and lead, one on the iron flange before setting the lead packing, another one on the lead packing before resting on it the next ring. The Engineer or Agent of the Company shall take good care that the lead packing shall not be disturbed from its original position while setting the various pieces of the iron tubing. In case the minium should be found unsuitable, the contractor agrees to adopt any other paint proposed by the Compary. 4th. The outside surface of the iron tubing will have to be protected by a strong coat of paint con- taining a certain quantity of coal tar. 5th. In preparing the moss box, the moss should be well rammed in its proper place so as to be com- pressed one-third of its original volume. 6th. The contractor shall set the moss box within the stratum designated as hard and compact limestone, in the lithographic sketch hereto an- nexed, if said stratum is found to be impermeable to water; otherwise, it will be set in a dry spot in the sulphur bed. 7tli. The concrete will be composed as follows : hydraulic lime, one part ; sand, one part ; gravel, one part ; cement, one half part. Yet some modi- fications, provided it is approved by the engineer or agent of the Company, may be introduced in the above compound, each part having been examined and accepted by the said engineer or agent before 13 being used. Said hydraulic cement shall be fur- nished by the contractor, either by purchase from the Company or by purchase elsewhere. Six con- creting spoons will be placed together, around the iron shaft, and the work will go on without inter- ruption until completed. 8th. Below the moss box the false revetment will be set in its proper place. 1st. It is composed of three trusses made of ron. Those trusses will be placed as prescribed by Mr. Cliaudron, one after the other, and exactly centered with the axis of the shaft. 2d. Of four sections of iron revetment, divided into segments, which will have to be con- creted externally. In order to join those pieces with the moss box, it will be necessary to force between them a belt of wedges, carefully arranged, and not exceeding two to two and one half inches in thickness. 9th. The Company will furnish for the execu- tion of this work, an iron tube four hundred and fifty-two feet in height, with all the necessary appa- ratus for lowering it into the preparatory shaft, such as false bottom, suspending rods, descending screws, assembling and connecting bolts, lead joints, and also all the pieces of the false revetment. 10th. The Company will also furnish for the execution of this work, the iron tubing, which is to pass through the quick-sand, and being composed of segments to be bolted together with lead joints between the flanges. Said tubing has two hundred and thirty-six feet in height. 14 Article III. Tlie work being completed, it will have to be accepted by the engineer or agent of the Company. 1st. The shaft shall be sufficiently strong to stand the mining operations. 2d. It must be exactly vertical ; no allowance will be made in that respect. 3d. There must be no Alteration of water through the various joints of the tube above the moss box. Any thing not in accordance with the above spe- cifications will cause the rejection of the works. Einally, the shaft will be extended twenty feet below the false revetment. Thus signed in duplicate, this 9tli day of Septem- ber, 1873, for its identification with the contract of even date. [Signed] C. L. DE HAM, ML. MUSB03ST, CH. H. HE L’ISLE. Attest : Gus. A. Breaux, Alex. Boxxeval. Copy op Kesolutioxs, etc., passed Sept. 19, 1873. The attention of Stockholders is respectfully called to the following resolutions, passed by the Board of Directors of the Company on the 19th, September, 1873; and are informed that Subscrip- tion Books are now open at the office of the Com- pany to receive the leans called for under the same. 15 New Orleans, September 13, 1873. To the President and Directors of the Calcasieu Sulphur and Mining Co., of La. Gentlemen — The Special Committee appointed by resolution of 12th inst., to prepare a form of Re- ceipt for Stock, to be borrowed, in accordance with a resolution of 25th July last, beg leave to offer the following, and add that said report be amended as follows : 1st. That articles 5tli and 6th of said Report he amended to read as follows : “ And further, we recommend that such stock- “ holders as may desire so to do, be called upon to “ subscribe voluntarily a loan of not more than 50 “ per cent, and not less than 25 per cent, of the “ number of shares of the capital stock of this Com- “ pany held by them, as a loan to this Company, to “be used by pledge, sale, or otherwise by the “Directors, according to their best judgment^, in “ completing the sinking of the shaft, opening of “ the galleries, and generally for the benefit of this “ Company, with the understanding that a Receipt “be given to each subscriber, as per annexed form, “ for the amount of stock loaned as above. “ The right to vote upon the number of shares “ named in said receipt in all elections and other- “ wise being expressly reserved to said lender, his “ proxy or recognised assigns, until said Company “ shall have disposed of and sold said shares of “ stock thus loaned and said lender being duly noti- “ tied thereof, shall surrender this receipt in order 16 “ to have said sale recorded on the hack thereof by “ the Secretary of said Company Said stock thus loaned to be returnable either in kind or the Company paying the market value hgse on the day of return, within twelve months success- ful operation ot said Sulphur Mine, or sooner, at the option of the Board of Directors of said Com- pany/'' Eorm of Receipt. ]\ T o Loan of Shares Xew Orleans, 1873. The Calcasieu Sulphur and Mining Com- pany oe Louisiana hereby acknowledges to have received from * Shares of the capital stock of said Company as a loan, made to the said cor- poration under and by virtue of Resolution passed by the Board of Directors thereof, on the 19tli day of September, 1873 (a copy of which is on the re- verse hereof). This Receipt not being negotiable, but the same being tranferable upon the Books of said Company by said lender on its surrender, or to be delivered to the Company on the return of the stock in kind or money, to himself, his legal representatives or assigns, in the manner and at the time set forth in said resolution.