NA, DG 3/31/1863

Head Quarters Dist of the Gulf
Engineer Office Mobile Ala
March 31st 1863
 
John T. Milner Sup
Civil Engineer
Montgomery Ala
 
Dear Sir,
   I have received your letter of the 18th inst with enclosures all relating to the damage sustained by the Ala & Fla R. R. Co of Florida, in the removal or in consequence of the removal of the iron from a part of their road by the Military Authorities. This damage being estimated as that sustained by the Company, over and above the actual value of the iron removed.
   You say that the mount presented in this behalf by Mr Avery and amounting to $94,670 is made up upon this principle as a basis for his estimates that the Government ought to pay his company the probable cost of putting the Road in as good condition to receive the iron to day, as it was twelve months ago when the iron was taken up. This amount covers washings of banks and road beds, rotting of ties, destruction of bridges &c &c and is predicated upon the present prices of labor and materials in that section of country. Whereas your instructions [mine] appear to contemplate only + + + the cost of placing the road bed in as good a condition for receiving the iron the day after, as it was the day before it was taken up.
   I believe that the iron was undisturbed on the road below Pollard as far as it was safe or desirable to ????? on account of proximity of the enemy. I assume that trains would not have been run on that portion of the track necessarily, even though it had been untouched by the Military Authorities, and it is difficult to understand how the removal of the rails should have essentially increased the exposure of the road bed to damages by washing and abrasion. If the local force be not kept up for the preservation of the integrity of the road bed, damage which naturally occurs, whether the iron be on or off, would not this damage have been the same in either case?
   I was not assume that cross ties were replaced where unserviceable by the extraction of a spike on rotted fixtures with the iron off than on but I am not well versed in the minutia of R. R. Engineering.
  The destruction of the bridge at Pine Barren Creek, I know nothing about. However there can be no objection to the ??? of the two estimates in the same paper. The one estimate based on Mr Avery' claim, the other on the instructions already received from this office. Please make your report in that way and oblige.
Sir, your obt Sevt
D. Leadbetter
Brig Genl & Engineer

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