rule does not prevail generally. Under it a witness must testify to facts in his knowledge, even to scientific facts applicable to the case. He certainly cannot, under summons as an ordinary witness, be required to make an investigation, and it is doubtful if he can be asked for an opinion. If he can so control his mind, under such circumstances, as not to have formed an opinion in answer to a question, he is doubtless within his rights. If he has seen or directly heard anything of a sort to which any other witness must testify, he is in the position of an ordinary witness and must testify. The engineer summoned into court should find out the law as to compensation in the State in which the court is held.

Agreement for Expert Services. An engineer who is to serve as an expert witness at the solicitation of one party to a suit should have a definite agreement with this party or his attorney as to his remuneration. Whether the agreement is written or oral is a business matter in which the credit and good faith of the party and his attorney are involved. In some cases the agreement should be with the attorney personally and not as the agent of his client, especially if the latter is financially incompetent. The amount of remuneration for expert witnesses is sometimes fixed by statute, but this may or may not allow a private agreement to be made for greater compensation.

Court to Appoint Experts. Opinion evidence is in disfavor, as has been stated, and one remedy suggested is to have one expert appointed by the court instead of one or more by either party to the suit. In a trial in court the law applicable is best determined if each lawyer digs out the points of the Common Law or of Statute Law involved which support his case, while the judge makes the final ruling. In a similar way each party ought to have a scientific expert investigate in his interest the natural laws and scientific principles involved, the final judgment being in this case reached in the tribunal of the court, at present the jury.

There would be some advantage if it were possible to have the application of scientific principles or laws decided by a just and competent expert in such principles, much as the learned judge decides questions of municipal law. There are several difficulties in the way of attaining the millennium in this way. The many judges now sitting cannot have personal knowledge adequate to insure the selection of competent and unbiased experts in various lines of business. It furthermore unduly expands the powers of the judges, some of whom are elected, or are partisan appointees; while there may be an appeal from a decision as to a point of law, there can be no appeal from an appointment injudiciously made.

Jury Decides Facts. Finally, unless our system of procedure in law is altogether revolutionized, the jury must still be the sole judge as to the facts, and would not and could not be bound by the opinion of even an

official expert. In the future, as in the past, juries will commonly be favorably impressed with sound evidence based on scientific principles and clearly presented, and will attach such importance as they please to opinions pure and simple.

Valuation. The employment of engineers in the valuation of public utilities is assuming growing importance, and is in some sense expert work whether it brings the engineer into court, before commissions, or only before boards of directors, or before municipal authorities. Much new literature is appearing upon this rather new development, and financial and physical laws and principles must be understood as well as the bearing of Statute Law and Common Law upon the subject.

PART II

CONTRACT LETTING

CHAPTER XIII

ADVERTISEMENT

WHEN an Engineer is employed upon a project which looks towards a Contract for construction, the first step ought to be a preliminary investigation and report upon the project. In many cases such an investigation and report would show to the promoters that the project was impracticable or unwise from the financial standpoint and should be abandoned without further loss, or that some important modification should be adopted.

Sometimes the projector of an enterprise does not ask for such service but is disposed to push ahead without any preliminary report. In many cases it is the professional duty of the Engineer to suggest to his client the necessity that a preliminary investigation and report should be made. Capitalists are not always wise enough to appreciate the necessity for such preliminary work unless well advised by others.

Sometimes the preliminary work has already been done by another Engineer. For his own protection an Engineer called in under such circumstances is justified in looking into the proposition far enough to satisfy himself that it is wise to become associated with it. An Engineer should be cautious about going far into any venture that has not had a proper preliminary investigation which shows it to be justifiable.

It should be further understood that an Engineer who has had previous experience in enterprises of a similar character will often be better qualified than any one else connected with the project to determine the proper procedure in carrying the work through its various steps to a successful conclusion.

The steps leading to a Contract for construction may then be as follows: 1. Make preliminary examination and report as to feasibility, or as to the methods in which the work may be carried out.

2. Prepare preliminary plans and estimates.

3. Secure proper authority for the letting and construction of the work.

4. Determine the steps legally necessary in letting the Contract.

5. Prepare construction plans upon which to draft Contract and Specifications.

6. Secure any lands or right of way necessary.

7. Prepare forms for: (a) Advertisement, (b) Information for Bidders, (c) Proposal, (d) Contract, (e) Bond, (f) Specifications.

8. Advertise.

9. Receive Proposals.

10. Open Proposals and award Contract.

11. Have Contract signed and Bond furnished. This chapter and those which follow are devoted mainly to the preparation of the papers and forms necessary or desirable in Contract letting, but each of the steps mentioned above requires more extended consideration.

1. The preliminary examination and report may sometimes consist of a very general consideration of the project; in many cases it will involve the second step.

2. The preliminary plans and estimates will often be necessary to the preliminary report. If not, it will seldom be wise to go ahead without them, for a reasonably correct knowledge of the cost, and of the general details of the scheme to be followed, should be promptly acquired. In many cases sub-surface investigations should constitute a part of the preliminary work.

3. By the time this has been done and sometimes even before making the preliminary plans and estimates, the Engineer in charge should satisfy himself as to the fact that he is acting under proper authority. If employed by an individual, he should ask for, and receive a letter of instruction as to what is wanted of him and what duties and responsibilities he is to assume. If employed by a private corporation or a municipal corporation as Engineer in charge of the project, he should know that the corporation, through definite action on the part of the proper officers or by the direct act of the corporation itself, as the case may be, has given lawful authority for the prosecution of the work. An Assistant Engineer may be under the orders of a higher official and then not be charged with responsibility in this matter. Nevertheless, in some cases it may be wise for him not to accept employment if he has satisfied himself that the project is likely to encounter serious difficulties because necessary legal formalities have not been observed.

Sometimes the charter of a municipality gives the Commissioner of Public Works (or some other Engineer in high office) power to directly