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Mr. BlackwellYou did not consider any of this property belonged to the State ?

A:“All of it belongs to the State, with the exception of a portion of the locks.

Q:-Can you designate the portion?

A.—No, sir; not precisely. Of the one hundred and sixty-eight locks, there are about sixty or seventy on the ground. That would leave about a hundred or a hundred and eight in Brown's possession, and Brown's attorneys tell him that he would be unable to hold them against the State.

Q.-Do you know as a fact whether the State has paid any portion of the value of those locks?

A.-I have seen it in the estimates. I do not know whether they were paid or not. I did not see the money drawn.

Q.--You understand this business pretty well?
A. I think I do. I have been a builder a great many years.
Q.—What was attached there?

A.-They attached the lime, cement, drain-pipe, iron pipe, waterpipe, lumber, and stone. They were all attached, but are now released by the proceedings in bankruptcy.

Q.-What amount of material would have to be bought in order to finish that contract?

A.-There would be none have to be bought. I am of the opinion that none of that work is required to be done under Miles' contract, none of the plumbing or iron work.

[Clerk read the specifications, page one.]

A. [Continuing]-Those gratings are not required to be put in until section four of this work is finished.

Q.-Is there any plumbing in sections one or two?

A.-All this very work that Johnston speaks of is all plumbing work.

Q:-Is that how this controversy arose between Miles and the Directors ?

A.—Yes, sir; he claimed it to be extra work, and they refused to pay him for it! Q.-Are those locks mentioned there?

A.--No, sir; Miles did not provide them of his own free will. The architect did it and charged him with it. As a fact, he provided the iron pipe for connecting the sewers with the cells, although Miles held they did not belong in his contract.

Mr. Ciunie-They have been paid for out of Miles' money?
A.--Yes, sir.
Q.--He did not take section four?
A.—No, sir.

Q.-Miles claims that material sufficient to finish the contract is already on the ground?

A. That is the material that would be purchased and brought to the ground—not all the stone, the stone is there to be got out and worked.

Q:--The cost would be simply for labor in preparing that stone ?
A. Yes, sir.
Q.--There is more lumber for joisting to be bought?:

A.-No, sir. Miles claimed extra work for that. At the commence ment the architect stated that the joisting was not in Miles' con tract; subsequently he required it be done. The completion of tha

Q.-Under what particular section did the architect claim that Miles had to do this work?

A.-The architect thinks that certain work to be done under this contract is covered by the word “completion," which is in the specifications the completion of the cells one-story high. There is, also, some other provision by which the architect claims that they are to do that work under the contract. The architect is the interpreter of his own drawings, and he has a schedule of their's containing a note of the prices of this iron pipe, sewer-pipe, locks, and everything else; that is why he contended so strongly that they must understand it the same way.

-Why was this schedule furnished with these prices in it? Mr. Clark-Because that was simply to show what the cost of it would be if Miles was required to do it as extra work.

Q:-Did you furnish this schedule?
A.-Miles did, and I wrote it.
Q:—When was it furnished ?

A.-Before the contract was entered into. It was furnished. in accordance with the notice, within ten days after the bid was received. In the first schedule that I wrote there was no mention of the iron work or plumbing, but Ball asked that it be put in. I told him that it did not belong in the contract, but he insisted on it, so he would know what he would have to pay.

Q.--As compared with other schedules with the different items-how did Miles compare as to prices?

A.-All his bids were largely less than any other estimate put in. Q.-Do you know as a fact of any other schedule being furnished ?

A.-No other schedule would be furnished unless the contract was made.

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P. J. O'CONNOR, sworn.

Mr. CornwellYou have made an estimate with reference to the work done at the Folsom Branch Prison ?

Answer--Yes, sir.

Q.-With reference to the work done there, how does that correspond with the amount of money paid for it?

A.—The amount of work done and materials furnished on section number one is ninety-three thousand and fifty-two dollars--that is, the amount actually done and the materials furnished on the ground and delivered there, and includes some four hundred pieces of cut stone on the ground and a lot of pipe that is there. I took the amount of material on the ground from Mr. Odell, who is there in charge of the place on behalf of the State. I showed him my estimate of them, and he certified to its correctness.

Q.-What is the amount of work done on section number two?

A.-Eleven thousand five hundred and ninety-one dollars and ninety-eight.oents.

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Q. What do you make the work not done under the contract on the first section of the building?

A.-Eighty-five thousand seven hundred and ninety-eight dollars. Q:-With reference to the completion, have you made an estimate

A. I have made an estimate of what it would cost to complete that building entirely in accordance with the original plans. It would cost four hundred and eighty-eight thousand one hundred and fortysix dollars and thirteen cents. That would be the entire cost of the structure.

Q.—This estimate of eighty-nine thousand dollars—is that based on what it actually cost? Is that taken from the former estimates ?

A.-It is the same ratio I allow him.
Q.-Are you of opinion that the work can be done for that estimate?

A.-Yes, sir; except in this way. If, for instance, you hold him to produce that dimension stone it will cost him a great deal of money to have that quarried and put in there.

Q.-Then there must be a modification of the details?

A.—Yes, sir, . [Reads from report.] There is no use in these heavy porches of granite. Convicts cannot do that class of fine work, but if you substitute the work I recommend here you can have the prisoners do it. It is a class of work prisoners can build.

Q.- Are these estimates made with the expectation of using prison labor ?

A.-No, sir; this is based entirely on white labor.

Q.--You estimated as if you were going to contract for that building yourself.

A.—Yes, sir. Of course in any case you would require skilled labor to cut the granite.

Q-I understand that in addition to this four hundred and eightyeight thousand dollars it would cost two hundred thousand dollars.

A.-I take off of the four hundred and eighty-eight thousand dollars two hundred and thirty-five thousand dollars; for the two hundred and fifty-three thousand one hundred and forty-six dollars and thirteen cents you can complete that building ready to receive convicts. In this estimate I have calculated altogether on free labor, and paid no attention to convict labor, nor made any allowance for it. for two hundred thousand dollars more than that which is already expended you can complete it.

Q.–And put a wall round the place?

^.-The exterior? No, sir. That, I presume; you would put a fence round.

Q.--The original design contemplates putting a wall round the entire building?

A. -Oh, yes, sir.
Mr. CornwellNot around the entire building?

A.-The original design contemplates walling in the whole one hundred and sixty acres. The change, as I understand it; was to get the building arranged to receive one hundred and fifty prisoners as soon as possible.

Q.-Have you made an estimate what it would cost to receive that one hundred and fifty prisoners?

A.-No, sir. I would suggest this: It would cost just merely what it would cost now to complete the structure of one story in the first section. That does not arrange for the completion of the officers!

quarters. The first section only contemplates the first story. The second section contemplates the second story.

W. C. CROSSETT, sworn.

Mr. Lambourn-Do you know that land up there would you consider it fit for garden purposes, and raising vegetables ?

Answer--There is from two hundred and fifty to three hundred acres of land that will raise about fifteen to twenty bushels of grain to the acre.

Q.-But how is it for vegetables ?

A.-I spoke of grain, because where grain will grow vegetables will grow. There are portions of that rich loam.

Q.--Do you think that vegetables will grow profitably on the same land as grain?

A.-If grain would not grow, vegetables would not certainly, and where grain will grow it will produce vegetables undoubtedly.

Q.-Don't you think there is a peculiar kind of lands that are fit for grain but not for vegetables-for instance, hard soils, do you think they are adapted to vegetables like they are to grain?

A.-I do not think they would be adapted to either.

Mr. Cornwell-Are there any lands there which are adapted to the raising of vegetables ?

A. –That is what I mean when I say there are from two hundred and fifty to three hundred acres that will raise any kind of vegetables that may be put in the ground.

Q. Do you think that could be utilized for growing vegetables ?
A.-Undoubtedly that is the case.
Q. You kriow that vegetables are raised in the vicinity of Folsom?

A. I do. I know they have been raised right there on the prison ground by a man named Whitehead, who settled on this land prior to the occupation of the State, raised vegetables there. There is no question in regard to vegetables-it will raise anything you choose.

A.-Since eighteen hundred and sixty. There is Mr. Nuttall, right adjoining there, and Captain Nye, and other parties living there, and raising as good vegetables as you raise anywhere, as far as quality is concerned—not perhaps for quantity, but for quality as good as any in the State.

Q.—You think it is well adapted for raising potatoes, cabbages, beets, etc.?

A. –They do raise them. Mr. Sheridan told me last week he had put in some ten acres of potatoes this year, and I know, from experience, that potatoes raised there are of very good quality. He is a vegetable peddler, and lives on the opposite side of the river.

Q.-That is similar soil to that at the Branch State Prison ?
A.-Yes, sir. You could not tell the difference.

Mr. BlackwellThere is one thing I would like to ask you. That is, the height of that water ditch above the State Prison ?

A.-I think it is eighty feet above the railroad track.

Mr. Lambourn–Is this water of the prison--would it overflow this land?

A:- Why, certainly. Any portion and any quantity you want.

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EXHIBIT Α.

SACRAMENTO, January 25th, 1876.

To the Honorable Committee on Public Buildings :

REPORT OF P. J. O'CONNOR.

GENTLEMEN: In accordance with the instructions of your honorable body, I have made a careful examination, estimate, and cost of labor performed, and yet to be executed on present contract of the Branch State Prison buildings, at Folsom, and beg leave to report as follows:

To the Honorable the Assembly Committee on Public Buildings and

Grounds:

PORTION OF CONTRACT COMPLETED.

Excavations, 16,421 cubic yards, at 50 cents.

$8,210 50 Wall footings, under ground, 75,778 cubic feet, at 23 cents 17,428 00 Base course, and water table, 8,804 feet, at 75 cents.-- 6,603 00 Squared rubble, first and second stories, 22,905 feet, at $1. 22,905 00 Cell-house, squared rubble, 20,270 feet, at 35 cents_

7,094 45 Rubble partitions, 1st and 2d stories, 21,615 feet, at 27 cts. 5,836 00 Air duct, 824 lineal feet, at $1.

824 00 Iron in four windows..

40 00 Timbers in first story

1,200 00 Arch and jambs

360.00

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PORTION OF CONTRACT UNCOMPLETED.

Cell house floors, walls, and roofs, 59,749 feet, at $1 75
Sewer-pipe for water-closets, 1,600 lineal feet, at $i.
Brick sewer, 70 lineal feet-'-
Flagging and concrete, 15,000 square feet, at 40 cents.
Girders, camber-plate, straining-rods, etc.
Second-story joisting
Door locks, 168, at $14.
Doors for cells, 168, at $20.
Plumbing, water-pipe, and connections.

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GENTLEMEN: The undersigned would respectfully report to your honorable body that, in accordance with your instructions, I have made a thorough examination of the building now being erected near Folsom, for the purpose of a Branch State Prison, and of the plans and specifications for the same, with a view to determine the value of the work done by M. Miles, contractor for the erection of sections numbers one and two, and of the work uncompleted by him in said sections; and also of the cost of the entire completion of the building, and to suggest such modifications in the plans and specifications for the same as would facilitate the completion of the building at the least possible outlay of money and time. The following is a detailed bill of quantities of the materials required for the completion of each section, and the value of the same. I have also measured the work done by the contractor, and estimated the work not done by him, and set the value of the same. In addition to this, there is a claim for extra work done on the foundations, and the substitution of regular ashlar, in the front building, in place of broken ashlar, as required by the specifications. It is further claimed that neither the plumbing work, nor iron work for the cells, is contained in the contract for the sections numbers one and two; as these items are subject to dispute, and provision for the settlement of such disputes is provided for in the contract, I have included them in my estimate of the work not done by the contractor, and have set a price upon them, in case you should determine that they are a portion of the contract.

In the printed instructions to contractors, attached to the specifications, there is a description of what each section contains, and the lines to be observed on the plans and elevations, designating the extent of said sections, and the very first section of the specifications sets out to give a detailed statement of what the contract includes; which includes nearly the entire completion of the whole structure, with the exception of the cells and the cell building. Now, if this description is admitted as correct, it includes portions of sections three, four, five, and six, and does away with the lines D D and EE on the plans. An examination of the contract on file in the office of the Secretary of State, distinctly sets forth the limits of the sections

$104,560 00

1,600 00

200 00 6,000 00

850 00 1,150 00 2,352 00 3,360 00 7,000 00

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Total cost

This estimate does not include the prepared material on the grounds, which would reduce the above figures seven or eight thousand dollars, probably, approximate estimate.

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WILLIAM JOHNSTON.;

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29

Iron Work.

one and two, in accordance with the instructions, and the prices of each section are written on the blank space allowed for the same. I have taken this as being final, and have paid no attention to the first section of the specifications. I beg leave to refer you to the instructions attached to the contract, and the specifications, in verification of my position.

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SECTION NUMBER ONE.

250 00

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Contains the following amount of stone work:
Rough rubble, in footings, cubic feet --- 38,053 at 32 cts.
Rough rubble, in walls, cubic feet 47,788 at 32 cts.

Total to the line D D, on plans, cub. ft. 84,841 at 32 cts. $27,149 00 Broken ashlar, cubic feet, 42,979, at 45 cents

19,340 00 Regular ashlar, exterior of cells, cubic feet, 227,38, at $1. 22,738 00 Regular ashlar, interior of cells, cubic feet, 31,175, at $1. 31,175 00 Ceiling stones, cubic feet, 5,625, at $1

5,625 00 Flooring stones, cubic feet, 5,625, af 80 cents.

4,500 00 Base course, with beveled-top margin, drafts, and rock

face, thus, one thousand three hundred and thirty-four lineal feet, at $2_

2,668 00 Twenty-two sills, 4 feet 9 inches by 2 feet 104 inches by 1 foot, at $6 each.

132 00 Twenty-five sills, 7 feet by 1 foot 74 inches by 9 inches, at $7 each in

175 00 Six hundred and eighty-five quoins, for windows, at $125 each.

856 25 Twenty-five windows, with bushed revcals, $10 each

250 00 Five doors, with bushed reveals, $10 each.

50 00 One hundred and forty-five quoins for doors, at $1 25 each -

181 25 Five door sills, at $10 each..

50 00 One hundred and forty quoins, at $1 50 each.

210 00 Two thousand six hundred and four lineal feet of jambs for cells,.cut thus, at 75 cents per foot..

1,953 00 Twenty-five thousand superficial feet of concrete, at 15 foot

3,750 00 Twenty thousand superficial feet of flagging, at 20 cents per foot

4,000 00 Twenty-four thousand bricks for sewers_

562 00 One thousand seven hundred lineal feet of sewer-pipe-- 1,020 00 One thousand and forty lineal feet of air duct, at $1 75

1,820.00 Fifteen thousand four hundred and twenty-one cubic yards of excavations, at 65 cents per yard.

10,023 65

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In the above estimate, I have included the iron work, plumbing, concrete, and flagging, and the windows for the first story of the front building. If you take the detailed estimate on file in the office of the Secretary of State as being that upon which the contractor based his estimate, then these several items should not be included.

SECTION TWO TO THE LINE E E.

cents per

$3,988 88 6,040 35

168 00

Rough rubble, 11,732 cubic feet at 34 cents per foot-
Broken ashlar, 13,423 cubic feet, at 45 cents per foot_
One hundred and twelve quoins, at $1 50 each..
Twenty-seven windows, 8 feet by 3 feet, with reveals, at

$10 each. Twenty-seven sills, 7 feet by 1 foot 71 inches by 9 inches,

at $6 each
Six hundred and seventy-five quoins, at $1 25 each.
Two doors with sills, at $22 each.
Sixty quoins, at $1 25 each

270 00

per foot

162 00 843 75 44 00 75 00

Sum total for stone brick work and excavations --- $138,233 15

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Carpenters' Work. Eighty-four squares of joists and bridging, at $15 per

square-Girders, posts, iron camber-plates

Sum total for carpenter work.

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Carpenter's? Work,

SECTION NUMBER FOUR.

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$1,260 00

300 00 700 00

Carpenters' work, windows, doors, flooring, joists, par

titions, furring, base, wainscot, tower, porch, shelving, framing of ceilings, wainscoting, and general finish - $21,000 00 Plastering

2,600 00 Plumbing and gas fitting,

5,500 00 Railings, mantels, pipes, chimneys, iron work.

3,000 00 Painting

4,000 00

$2,260 00

Sum total of cost of section EE.

$13,851 98

Sum total of cost of Section No. 4.

$35,000 00

SECTION NUMBER FIVE.

It is an open question whether the door and window frames are included in this section, as the detailed estimate excludes all other work except what is specially mentioned. If they are excluded, then the estimate is to be reduced three hundred dollars.

$1,803 84

215 00

SECTION NUMBER THREE, F F.

3,600 00

$1,453 00 3,924 00

Rough rubble in tunnel, 5,637 cubic feet, at 32 cents --Rongb rubble in entrance, 672 cubic feet, at 32 cents Broken ashlar in tunnel and entrance, 8,000 cubic feet, at

45 cents Twenty-four lineal feet of molded cornice, thus, at $15 per

foot Seventy lineal feet for battlements, thus, at $10 per foot. Gateway, with sill, quoins, reveals, etc.--Windows, with mullions, eight by three feet, with reveals,

quoins, etc. --Windows, with mullions, eight by three feet, with

reveals, sills, etc.-Sixty-two feet of base, cut thus, at $2 per foot Seven sills, at $15 each.. Fifteen hundred and thirty-six lineal feet of steps, at $2

370 00 700 00 400 00

175 00

7,108 10 3,059 00

330 00 612 00 1,025 00

110 00 124 00 105 00

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Rough rubble in front building, 4,275 cubic feet, at 34

cents Rough rubble in tower, 6,118 cubic feet, at 36 cents.. Broken ashlar in front building, 15,798 cubic feet, at 45

cents Broken ashlar in front tower, 6,118 cubic feet, at 50 cents Two hundred and twenty quoins, at $1 50 each. Thirty-four windows, with sills and reveals, at $18 each.. Eight hundred and twenty quoins, at $1 25 each Four hundred and sixty lineal feet of cornice, cut thus,

with molded face, sunk gutter, prim hammered, at $25 per foot One hundred and seventy-eight molded blocks, cut thus,

at $15 each Three hundred and fifty lineal feet of frieze paneled, etc.,

at $5 per foot--Seventy-six lineal feet of cornice, for tower, at $25 per

foot Seventy lineal feet of cornice, for tower, at $10 per foot One hundred and forty-six lineal feet of cornice, for

tower, at $8 per foot_ Cubic feet of wall, finished both sides, 1,627 feet, at $2 Fifty-two lineal feet of gable cornice, at $50 per footFinial of gable

3,072 00

265 00

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Fifty-three lineal feet of steps, at $5 per foot.
One hundred and sixty lineal feet coping, thus, at $250
Twenty-three lineal feet of cornice, thus, at $4 per foot.
Four posts, with caps and bases_
Fronts of porch.
Floor of porch.-
Groined arch to porch.
Side porch posts.
Twenty-five lineal feet of cornice.
Floors and arches for side porches.
Fronts for arches for side porches_
Check-blocks
Concrete under floors, twelve squares, at $15 per square-
Seventy-five thousand bricks for main sewer.

1,168 00

400 00

92 00 200 00 200 00 352 00 352 00 200 00 100 00 100 00 120 00

60 00 180 00 1,650 00

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$15,945 84

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