NA, M&E 11/20/1863

Articles of Agreement made and concluded this the 20th day of November 1863 between the Montgomery & Eufaula Rail Road Company of the first part and Samuel G. Jones agent for Major F. W. Sims acting in behalf of the Confederate States of the second part, whereby it is covenanted and agreed as follows, to wit. --
   The said party of the first part, on their part covenant and agree that they will within two (2) weeks furnish an efficient force of from fifteen (15) to twenty (20) mules and carts with a sufficient number of Hands to work them advantageously and proceed to do the graduation required to reduce the grades on the Government Railroad between the Depots of the Alabama & Florida Railroad of Ala., and the Montgomery & West Point Railroads to one hundred (100) feet per mile, the work to be vigorously prosecuted and done according to the instructions of the Engineer in charge; the work to be of the form and dimensions adopted on the Alabama & Florida Railroad of Ala., the usual ditches being dug in excavation and the usual allowance for settling being made on embankments; the said party of the second part agree to pay the said Montgomery & Eufaula Railroad Company one dollar ($1.00) per cubic yard, for every yard excavated; and one dollar ($1.00) per cubic yard for every yard placed in embankment. The party of the second part further agree to secure the right of way and remove all obstructions such as Railroad Track and other structures beforehand, so that the party of the first part shall not be delayed in the prosecution of their work and should they be delayed in consequence of the non performance thereof, the said party of the second part agrees to make such reasonable allowance for detention as may be agreed on between the parties for the number of days delayed.
   The parties of the second part further agree to furnish comfortable cars or quarters for the hand and to make such payments during the progress of the work as in the opinion of the Engineer in charge is right and fair.
   In event the work is stopped by an injunction or other unforeseen circumstance, the said Montgomery & Eufaula Railroad Company is to withdraw its force and to receive pay for all work done at full contract prices and also the further sum which may be due for the time of the force while engaged in coming to and leaving the work. Government to be paid for the time of forces lost in going to and returning from the work to be agreed upon by John M. Gray Engineer of said Railroad Company and Samuel G. Jones with the understanding that in the event of disagreement B. E. Walls Esq. is to be called in as umpire and his decision shall be obligatory and conclusive between the parties without further resource or appeal.
   Witness our hands and seals of the parties this day & year above mentioned.
L. Owen Prest. M. &. E. R. R.
F. W. Sims Maj. & Q. M. C. S. A.