717
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was laid out upon that understanding, and a contract was entered into upon that basis without any further reference whatever to the Director of Public Works other than the submission of the plan previously mentioned.
We have referred to the copies of the correspondence, dealing with the question of permanent way construction and the cross section submitted by us which has passed between the Director of Public Works, the agents of the Yangtse Valley Co. and Messrs Leigh & Orange, acting for the agents, and in none of these do we find a single sentence upon the question of poles.
As the principle upon which the poles were to be granted was settled in April 1901, and the form of permanent way construction to be adopted was not absolutely accepted by the Company until after the receipt of the letter from your Department of the 15th August 1903, and as it had been previously agreed that the form of permanent way construction to be employed should be settled by your Department, there could not have been an arrangement to concrete the full distance between the tracks providing the Company were allowed to erect centre poles.
Is it not fully demonstrated that the requirements of the Director of Public Works have never been accepted by us by the fact that we have been in negotiations with your Department, and that it was not until the 28th July 1903 that, so as to permit of the work being carried out, we cabled to our representative upon the spot instructing him to agree to the demands of the Director of Public Works save the question of the strip of concrete between the tracks, leaving this point to the decision of your Department.
The Company are, and always have been, prepared to concrete for the full width between the tracks in the case of centre poles if the Director of Public Works would not insist upon the Company spending money, which they considered quite unnecessary, in burying concrete in the roadway, but as the Director of Public Works insisted upon this, the Company had to stand upon their rights.
717
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was laid out upon that understanding, and a contract was
entered into upon that basis without any further reference
whatever to the Director of Pub'in Works other than the submission
of the plan previously mentioned.
*
We have referred to the copies of the correspondence,
dealing with the question of permanent way construction and the
cross sention submitted by us which has passed between the
Director of Public Works, the agents of the Yangtse Valley Co
and Mesars Leigh & Orange, anting for the agents, and in none of
these do ve find a single sentence upon the question of poles.
As the principle upon which the poles were to be granted
was settled in April 1901, and the form of parmanant way
construction to be adopted was not absolutely accepted by the
Company until after the receipt of the letter from your Department
1903
of the 15th August, and as it had been previously agreed that the
form of permanent way construction to be employed should be
settled by your Department, there could not have been an
arrangement to concrete the full distance between the tracks
providing the Company were allowed to erant centre poles.
Is it not fully demonstrated that the requirements of the
Director of Public Works have never been accq ted by us by the fact
that we have been in negotiations with your Department, and that
it was not until the 28th July 1903 that, so as to permit of the
work being carried out, we cabled to our representative upon the
spot instructing him to agree to the demands of the Director of
Public Works save the question of the strip of concrete between
the tracks, leaving this point to the decision of your Department.
The Company are.
and always have been,prepared to concrete
for the full width hatween the tracks in the case of centre poles if the Director of Public Works would not insist upon the Company spanding money,
which they considered quite unnecessary, in burying
concrete in the roadway, but as the Director of Public Works insisted upon this, the Company had to stand upon their rights
2
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