Isthmian Canal Commission (U.S.).

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excavating 3,553 cubic yards of earth on
August 16. Shovel No. 108, working in the
Chagres District, excavated 1,640 cubic yards
of earth on August 8 and 18, the high records
for one day for a 70-ton shovel during the
month.

Except where noted, monthly records are
computed by place measurement, while the
daily records are based on car measurement.
The best records for the month and for one
day in each district are shown below:

BEST RECORDS FOR THE MONTH.

CHAGRES DISTRICT.



Examination for Colored Teachers.

An examination for eligibility to appoint-
ment as teacher in the colored schools will be
held on Thursday, September 22, at the Ancon
schoolbuilding. Sessions from 8 to 12 and
lto5; subjects, arithmetic, American history,
grammar, hygiene, geography, reading, wri-
ting, spelling, and method. Spelling and
writing will be graded on the manuscript in
other subjects. The examination is open to

all.

Frank A. Gause,

Superintendent of Schools.

Ancon, September 8, 1910.

Missing Man.

Information is wanted concerning the
whereabouts of Jay Winans of Oakland, Cal.
Any one having knowledge of him is re-
quested to address W. C. Winans, General
Delivery, Oakland, Cal.

Three hydraulic elevators, one situated in
the bakery and two in the commissary store-
house at Cristobal, have recently been in-
stalled. They are used for transporting
supplies between the first and second floors,
and are operated by small electric pumps.





' Cubic Yards.


Shovel

No.


Earth.


Rock.


Total.


No. of

days at

work.


108


41,928
32,574




41,928
32.574


27




23





EMPIRE


DISTRICT










45,492
35.088


45,492
43,316


27


220


8,228


27









CULEBRA DISTRICT.




208


11.460


45,832
51,063


57,292
51.063


27




27











BEST RECORDS FOR ONE DAY.




>

O

en


Location.


Date.


Character of ' Cubic
material , Yards,
excavated.


108
108
115
228
228
228
232
202
208
231
231
231
125
231


Pedro Miguel. .
Pedro Miguel. .
Pedro Miguel. .
Pedro Miguel . .
Pedro Miguel. .


Aug. 8-18.
Aug. 12...
Aug. 19...
Aug. 23...
Aug. 31...
Aug. 30...
Aug. 24. . .
Aug. 16. ..
Aug. 26...
Aug. 31...
Aug. 27...
Aug. 30...
Aug. 17-19
Aug. 29. ..


Earth

Earth

Rock

Rock

Rock

Rock

Earth

Rock

Rock


1.640
1,630
1.620
2,508
2,488
2,285
2,200
3.5S3
2,926
2,014
1.843
1,729
1.482
1,710



The sailings of the Royal Mail Steam Packet Com-
pany from Colon for New York, have been changed
from Wednesdays to Mondays, effective with the
sailing of the Tagus on October 3.

The following vessels arrived at and departed from the
port of Balboa during the week ending September 10:

Arrivals — September 5, Guatemala, from south ports.
City of Sydney, from San Francisco; September 8,
Arica. from Guayaquil, Manavi, from intermediate
ports; September 10. Yorktown. from San Juan del Sur.

Departures — September 3, Ecuador, to Guayaquil;
September 6, Hua%co. to south ports; September 7,
San Juan, to San Francisco.



20



THE CANAL RECORD



Vol. IV., No. 3.



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September 14, 1910.



THE CANAL RECORD



21



ROOSEVELT ON THE CANAL.



Extract from Speech at Omaha on September 2.
In a speech at Omaha on September 2, ex-
President Roosevelt spoke of the Panama
Canal as follows:

"As regards the Panama Canal, I really
think that outside nations have a juster idea
than our people of the magnitude and success
of the work. I wish our people realized what
is being done on the Isthmus. If a man of
intelligence who had never left this country
asked me whether I would advise him to
make a short trip to Europe or a trip to the
Panama Canal, I would, without hesitation,
advise him to go to the Panama Canal. He
would there see in operation the completing
of one of the great feats of modern times.
Col. Goethals and the men working under
him are rendering a service to this country
which can only be paralleled in our past
history by some of the services rendered in
certain wars.

"Six years ago last spring the American
Government took possession of the Isthmus.
The first two years were devoted to the sani-
tation of the Isthmus, to assembling the plant
and the working force, and providing quarters,
food, and water supplies. In all these points
the success was extraordinary. From one of
the plague spots of the globe, one of the most
unhealthy regions in the entire world, the
Isthmus has been turned into a singularly
healthy place of abode, where the death rate
is small and where hundreds of children are
now being raised under as favorable conditions
as in most parts of the United States. The
quarters, food, and water supply are excellent,
and the plant the best ever gathered for such
a purpose. Active excavation on a large
scale did not begin until January, 1907.
Three years and a half have gone by since
then, and three-fifths of the total excavation
has already been accomplished.

"The amount taken out has passed any-
thing which previous e: perience warranted
us in believing to be po.->ible. In 1908 and
1909 the monthly average of earth and rock
removed was 3,000,000 cubic yards, not-
withstanding the fact that nine months of
each year constituted a season of very heavy
rainfall. There remains to be excavated only
about 60,000,000 cubic yards. If we could
keep up the past average of excavation, this
should be done in twenty months, but it is
impossible to maintain such a ratio as the
depth increases, for the output necessarily
diminishes as the field of operation narrows.
Still it is certain that such a rate can be main-
tained as will enable the workers to finish the
excavation considerably in advance of the
date fixed for the opening of the Canal —
January 1, 1915. Indeed, I shall be sur- j
prised if the Canal cannot be opened six ' (
months or even a year in advance of the
time set. ;•'

"The work has two great features: The w
Culebra Cut, which I have been considering,
and the great Dam at Gatun. The latter is.'UT
to imprison the waters of the Chagres and'*?
other streams into a lake with an area of 164
square miles. This work is advancing stead-
ily, and just as successfully as the work on the
Culebra Cut. The water which is ultimately
to fill the lock is now flowing through the
concrete spillway in the center of the Dam
the Chagres having been diverted from its]
bed and placed under complete control. The
construction of the Dam has advanced suffi



ciently to convince the engineers in charge of
the work of its absolute stability and imper-
viousness. The concrete work on the lock is
advancing so rapidly that the first double set
at Gatun will be completed this coming No-
vember, and the engineer in charge has an-
nounced that all the concrete in the locks will
be in place two years hence.

"The date of the final completion and for-
mal opening of the Canal to the commerce of
the world will be determined by the time con-
sumed in placing the great steel gates, emer-
gency dams and all appliances for operating
the locks. But those in charge of the work
announce without hesitation that everything
will be finished well in advance of January 1,
1915.

"We now have a further duty to perform in
connection with it, and that is to fortify it.
We are in honor bound to fortify it ourselves,
and only by so doing can we effectively guaran-
tee its neutrality, and, moreover, effectively
guarantee that it shall not be used against
us. The chief material advantage — certainly
one of the chief material advantages — -which
we shall gain by its construction is the way
in which it will, for defensive purposes,
double the power of the United States Navy.
To refuse to fortify it, and, above all, to
consider for a moment such an act of utter
weakness and folly as to invite other na-
tions to step in and guarantee the neutrality
of this purely American work (and thereby
really to make it certain that in the event of
war we should find the Canal used against
us, as our fleets would be forbidden to pass
through it, or else our opponents' fleets per-
mitted to), would be to incur, and quite
rightfully, the contempt of the world. It
would mean the complete abandonment of the
Monroe doctrine. It would be a wicked blow
to our prestige on the Pacific, and, moreover,
it would be in its essence treason to the des-
tiny of the republic."



Bible Societies.

The American Bible Society and the British
and Foreign Bible Society have been active
on the Isthmus for many years, operating
through their general agencies for South Amer-
ica and the West Indies located in Guatemala.

The American Society established a branch
in Guatemala in 1895 and a subagency at Pan-
ama in January, 1910, with the Rev. Charles
W. Ports, of the Methodist Episcopal Church,
as its representative. Mr. Ports employs
two colporteurs, one a Chilean, to work
among the Spanish-speaking people, and the
other, a West Indian, for work among the
negroes. The territory covered by the former
lies along the coast on the Pacific side as far as
Chame, and to Nombre de Dios on the Atlan-
tic side. The West Indian sells on the street,
usually following the pay car each month,
stopping at the villages in the Canal Zone.
At other times in the month, he visits the
negro quarters and the outlying settlements
and villages in the bush. A conservative
estimate places the number of Bibles sold
annually in this way at 4,000. The books are
brought into the country duty free, through
the courtesy of the Panamanian government,
he society has presented Bibles to Ancon
Hospital, and to several of the hospitals and
sick camps along the line of the Canal, and to
the penitentiary.

The work of the British and Foreign Bible
Society is at present directed by the Rev.
Ernest G. Cooke, pastor of the Wesleyan



Methodist Mission in Colon, who acts as
volunteer agent. Mr. Cooke selects his help-
ers from men in charge of missions in the Zone
villages. The territorial agent from Guate-
mala recently paid a visit to the Isthmus for
the purpose of perfecting plans for the es-
tablishment of a regular agency in Colon, and
as a result of his visit, Mr. M. P. Kennedy is
expected to arrive from England to take
charge of the work which will be extended to
the white population in the Canal Zone within
a short time. A room has been secured for a
general storehouse and headquarters. This
society pays a duty of ten per cent ad valorem
on all Bibles imported.

Masonic Affairs.

An all-day session of the recently insti-
tuted lodge of Royal Arch Masons at Las
Cascadas was held on Labor Day, when a
number of degrees were conferred. The lodge
holds meetings every other Saturday ni^ht
and a special train is run between Panama
and Las Cascadas to accommodate members
living in Ancon, Corozal, Pedro Miguel,
Culebra and Empire who desire to attend the
meetings. The train is manned by members
of the lodge who furnish their services free of
charge, and alternate with each other in
making the runs.

Preparations are being made for a banquet
to be held at Colon on October 15, by the
Masonic Clubs of the Isthmus. It will take
place at the Washington Hotel and a program
of music, addresses, etc., is being arranged.

Obituary.

William T. Harrington of San Francisco
died at Ancon Hospital on September 5 after
an illness of about three months. He was
42 years of age and came to the Isthmus from
San Francisco in March of this year, and for
a few weeks was employed at the Cristobal
marine shops.

Gerhard Lentin, a sailor on the steamer
Kyleakin, which arrived at Cristobal from
Mobile on August 18, with supplies for the
Commission, died at Colon Hospital on Sep-
tember 8, from typhoid fever complicated by
intestinal hemorrhage. He was a native of
Germany, 18 years of age, and unmarried.
He was buried in Mount Hope cemetery.

Band Concert.

The Isthmian Canal Commission Band will give a
concert at Gorgona. C. Z., on Sunday, September 18 ,
1910, at 6 p. m. The program follows:

1 March — Calvary Cotnmandery Clarke

2 Selection — The Dollar Princess Fall

3 Oriental Rag — Turkish Trophies Egan

4 Overture — Poet and Peasant Suppe

a Barn Dance — By the Light of the Silvery

Moon Edwards

5 b Medley March — Has Anybody Here

Seen Kelly Murphy

6 Waltz — Cupid Astray Rolfe

7 Concert Piece — Among the Lilies Frey

8 El Gitanillo — Tango Franco

9 Medley Selection — Mills' 1910 Schuli

Introducing "Lily of the Prairie." "I'd Like to be the
Fellow That Girl Is Waiting For," "Highland Mary,"
"Everybody's Happy When the Moon Shines," "You
For Me When You're Sweet Sixteen," "Comical Eyes,"
"Sicilian Chimes," "My Friend Jim-a-da-JeiT," and
"Margarita."

10 March— Put On Your OldCray Bonnet Wenricb.

Chas. E. Jennings. Musical Director.
The next concert will be given at Empire on Septem-
ber 25, at 6 p. m.

License at Empire.

Ancon, C. Z.. September 12. 1910.
In accordance with a resolution of the Isthmian Canal
Commission, adopted September 1, 1910, Mr. C. P.
Gibson has been granted a license for the retail sale of
intoxicating liquors at Empire for the year July 1, 1910
to June 30, 1911.

A. McGown, Acting Collector of Revenues.



22



THE CANAL RECORD



Vol. IV., No. 3.



LIQUIDATED DAMAGES.

Comptroller of Currency Holds Clause In Con-
tracts Null.

The Comptroller of the Treasury has ren-
dered a decision to the effect that the form of
contract which has been in use by the Com-
mission since 1907 does not provide for liqui-
dated damages, but that the clause supposed
to cover this subject is in fact a penalty
clause and permits of charging only actual
damages against the contractor. The ques-
tion was raised by J. H. Leonard & Co. to
whom a contract for plumbers' supplies was
let, and who were assessed $150.93 liquidated
damages for failure to deliver on time. The
clause in the form of contract referred to
provides:

" Article II. The above materials and sup-
plies properly ' packed at the contractor's
expense shall be delivered as above on or
before (date). If not delivered on or before
the said date one-tenth of one per cent of the
total cost of the undelivered materials and
supplies shall be deducted for each day's
delay, as liquidated damages for the delay,
until satisfactory delivery or performance
shall have been made, or until such time as the
Commission may reasonably procure similar
materials or articles elsewhere ******** Pro-
vided, however, that delays caused by strikes,
acts of God, or public enemies, to the extent to
which the same in the judgment of the Com-
mission may justify the delay, or delays which
cause no damage or inconvenience to the
Government, when expressly waived by the
Comm.jsion, shall not be charged against the
contractor hereunder."

The Comptroller decided on June 6, 1910,
that the clause printed above does not provide
for liquidated damages, and on appeal from
this decision reaffirmed his decision of the
previous date, holding - .

"Either Article II provides for liquidated
damages or it does not. If it does not, then
it is a stipulation for a penalty under which
only the actual provable damages are recov-
erable, but if it be in fact a valid provision
for liquidated damages, then it should be
enforced as written, upon proof of the viola-
tion of the contract and without proof of the
damages actually sustained. Whether or not
said provision is one for liquidated damages,
as expressed, and what is the intent of the
parties with respect thereto, must be deter-
mined by a proper legal construction of the
language used by them in expressing that
intention.

"The proviso that 'delays which cause no
inconvenience or damage to the Government,
when expressly waived by the Commission,
shall not be charged against the contractor,'
is diametrically opposed to one of the basic
principles underlying the liquidation of dam-
ages, viz., that the parties by their action in
agreeing upon a measure of damages in liqui-
dation of the uncertain damages, have settled
in advance the charge to be made on account
of such damages arising from delays for which
the contractor is chargeable, and thereby have
( losed the door to the admission of evidence
as to whether or not said damages were
actually sustained. As said in the decision
sought to be reconsidered and revised, such
a clause is utterly antagonistic to a liquidated
damage clause. The damages are liquidated
or not liquidated upon the facts and proba-
bilities in the minds of the parties at the time
the contract is executed, and do not de-
pend upon the happening of such a future
fact as whether the Government needs the
things contracted for or does not need them
at the time specified for them to be furnished.
The facts, supposed to exist at the time the
contract is made, govern. I am of the opinion
that the clause "or delays which cause no



damage or inconvenience to the Government,
when expressly waived by the Commission,"
effectually nullifies the provision for per diem
deductions on account of the contractor's
delays in deliveries, said to be as 'liquidated