Wikipedia:WikiProject Trains/ICC valuations/Ann Arbor Railroad

Interstate Commerce Commission, Valuation Reports, Volume 84

Location and General Description of Property
The railroad of The Ann Arbor Railroad Company, hereinafter referred to as the carrier, extends from Toledo, Ohio, northwesterly across the Lower Peninsula of Michigan, to Frankfort, Mich. Car ferries are owned and operated by the carrier from Frankfort across Lake Michigan to Manitowoc and Kewaunee, Wis., and to Menominee and Manistique, in the Upper Peninsula of Michigan. The carrier owns a passenger and freight terminal at Toledo, Ohio. The carrier owns and uses the car-ferry slips at Frankfort, Menominee, and Manistique, Mich. The carrier operates under an arrangement not reduced to writing all of the property owned by the Menominee and St. Paul Railway Company, hereinafter called the Menominee, consisting of property located at the Menominee, Mich., car-ferry slip, the actual operation being conducted by the Chicago and North Western Railway Company as agent for the carrier.

The following is a summary of the mileage owned or used by the carrier:

Introductory
In addition to the property owned and used by the carrier, it operates, under an arrangement not reduced to writing, the property of the Menominee, through the North Western, as agent. The carrier controls the Menominee through stock ownership. The carrier also controls, through stock ownership, the Manistique and Lake Superior Railroad Company. Although the last-named road forms a part of the so-called Ann Arbor system, it owns and separately operates the line from Manistique, Mich., to Doty, Mich., in the Upper Peninsula.

Physical Conditions Affecting Construction
The railroad of the carrier traverses a generally rolling country, with a sandy soil. Temperatures range from 100° above zero to 20° below zero. The average annual rainfall is about 31 inches.

Economic Conditions Relating to Traffic
The principal products transported by the railroad of the carrier are those of the farm, forest and factory.

Corporate History
The carrier was incorporated September 21, 1895, under the laws of the State of Michigan, as a reorganization of the Toledo, Ann Arbor and North Michigan Railway Company, hereinafter referred to as the North Michigan (1888). This company's property had been sold under foreclosure and acquired in the interest of the reorganization committee representing the respective bondholders. On October 14, 1895, the line between Toledo, Ohio, and Thompsonville, Mich., was conveyed by the purchasing trustee, R. C. Martin, to the carrier. The line from Thompsonville to Frankfort, Mich., was conveyed June 12, 1895, by A. C. Hall and G. L. Day, purchasing trustees, to the Escanaba, Frankfort and Southeastern Railroad Company, which company, on October 15, 1895, conveyed property rights and franchises to the carrier.

The pertinent facts with regard to the creation of the carrier are stated in the text of this report. The following information is supplementary thereto:

Early in 1905 the carrier came under control of H. B. Hollins and Company and Eugene Zimmerman and associates, who were heavily interested in the Detroit, Toledo and Ironton Railway Company, called herein the Ironton, of which Eugene Zimmerman was president. In July, 1905, the Ironton proposed and agreed to purchase 72 per cent of the outstanding capital stock of the carrier, and thereafter the two properties were managed and operated as one system, with separate accounts for each company, under the name “Detroit, Toledo and Ironton—Ann Arbor System.” To secure funds for the purpose of acquiring the capital stock, the Ironton issued $5,500,000 in notes, secured by the deposit of $5,000,000 of its general-mortgage 4 per cent bonds and the carrier stock acquired. By September, 1906, over two-thirds of the carrier's stock had been acquired and deposited under this agreement and the Ironton controlled the affairs of the carrier until April 22, 1910. Following receivership of the Ironton, on February 1, 1908, and its consequent failure to meet its obligations under the above agreement and its default in payment of interest on the notes, the collateral securing was sold at auction on November 25, 1910, by a special master, and the carrier stock was purchased for $2,500,000 in behalf of the holders of the notes. These persons represented by Newman Erb and associates, on January 5, 1911, organized The Ann Arbor Company, under the laws of the State of Delaware, as a holding company, to whom the stock was transferred. This holding company controlled the carrier at date of valuation. The corporations whose properties, rights, and franchises have gone to make up the carrier and the dates of the changes in those several corporations, together with abbreviated names herein used, are shown in the following table:

All of the obtainable information with respect to the above-named predecessor companies, except such as has been hereinbefore or is hereinafter shown, will be found in the accounting report, copy of which has been furnished to interested parties, and that report is hereby made a part hereof and referred to for greater particularity as to the matters herein stated.

Development of Fixed Physical Property
The Grand Trunk, successor of five predecessors, finally placed in operation the section of road between Toledo, Ohio, and Emery, Mich., about 53 miles. It operated this section for some time prior to June 30, 1884. The section from Toledo, Ohio, to the Ohio-Michigan State line was constructed by the Pennsylvania Company for the State Line and operated under lease to the Pennsylvania Company from August 5, 1874. This section was acquired by the Toledo and Ann Arbor (1878). The construction on the section between the Ohio-Michigan line and Ann Arbor, Mich., was started by the Northern, continued by the Toledo and Ann Arbor (1877) and completed by the Toledo and Ann Arbor (1878) about the year 1880. Construction of the line from Ann Arbor, Mich., to Emery, Mich., about 8 miles, was commenced by the Northeastern and completed by the Grand Trunk.

The North Michigan (1882) started construction on the section from Emery, Mich., to St. Louis, Mich. This was finally constructed in two disconnected sections, Emery to Hamburg, about 7 miles, and Hamburg Junction to St. Louis, 85 miles. The connection between Hamburg and Hamburg Junction was effected through trackage rights. The construction to St. Louis was completed by the North Michigan (1884) and opened for operation in October, 1886.

The construction of the section from St. Louis, Mich., to Mount Pleasant, Mich., about 21 miles, was commenced by the Lansing, Alma, Mount Pleasant and Northern Railroad Company and completed by the Mount Pleasant and placed in operation in June, 1886.

The Cadillac commenced construction of the section from Mount Pleasant, Mich., to Cadillac, Mich., which was completed after January 1, 1888, by its successor.

The section from Cadillac, Mich., to Thompsonville, Mich., about 43 miles, was constructed by the Lake Michigan and put in operation November 17, 1889.

The section from Thompsonville, Mich., to Frankfort, Mich., about 23 miles, was constructed by the Frankfort and put in operation November 25, 1889.

The North Michigan (1888) constructed the section from Hamburg, Mich., to Hamburg Junction, Mich., about 4 miles, supplanting trackage rights theretofore enjoyed.

The mileage owned by the carrier on date of valuation was acquired as follows:

Leased Railway Property

 * Owned by the Carrier - Used Exclusively by Another Carrier
 * The carrier owns 1,325 miles of track at Mesick, Mich., commonly known as the Clagett Spur, and leases same for exclusive use to Manistee and North-Eastern Railroad Company, for the period of 20 years from December 11, 1911, at a rental of $500 per annum. The rental accrued for the year ended on date of valuation was $500.
 * Owned by Other Carriers - Used Exclusively by the Carrier
 * The carrier operates under an arrangement not reduced to writing the property of the Menominee. This property has been hereinbefore described.
 * Under agreement dated October 1, 1913, the Mather Stock Car Company assigned 50 of its stock cars to the carrier for sole use for a period of two years at a rental of 35 cents per car per day. Cars in service of the carrier on date of valuation numbered 50, being Nos. 800 to 849, inclusive.
 * Owned by the Carrier - Used Jointly With Other Carriers
 * The line between Toledo, Ohio, and Alexis, Ohio, 5.6 miles, including station facilities at Toledo and Alexis, with the Pere Marquette Railroad Company (Monroe & Toledo Railway Company) for a period of 990 years from January 27, 1896, at a rental of $26,000 per annum, with maintenance and operation on a tonnage basis. The rental accrued for the year ended on date of valuation was $26,000.
 * The line between Owosso Junction, Mich., and Ashley, Mich., 21.5 miles, with Toledo, Saginaw & Muskegon Railway Company, on a year-to-year basis on one year's notice, under agreement dated June 1, 1897, amended May 1, 1914, at a rental of 35 cents per train-mile, with minimum of $13,697.42. The rental accrued for the year ended on date of valuation was $14,113.29.
 * The line between Milan, Mich., and Toledo (Manhattan Junction), Ohio, 31 miles, together with use of facilities, with Wabash Railroad Company, for a period of two years from June 1, 1913, subject to renewal, at a rental of 80 cents per train-mile, minimum $20,000. The rental accrued for the year ended on date of valuation was $20,000.
 * Owned by Other Carriers - Used Jointly With the Carrier
 * The carrier uses jointly with the owners, Detroit, Grand Haven & Milwaukee Railroad Company and Grand Trunk Western Railway Company, 0.14 of a mile of track and station facilities at Durand, Mich., under agreement dated August 8, 1905, providing for payment of $140 per month for rental and maintenance, etc. The rental accrued for the year ended on date of valuation was $770.
 * The carrier uses jointly with Chicago & North Western Railway Company the ferry slip and yard tracks at Manitowoc, Wis., under agreement dated May 1, 1912, subject to 60 day's notice providing for payment of rental of $50 per month.
 * The carrier uses jointly with the Kewaunee, Green Bay & Western Railroad Company ferry slip and yard tracks at Kewaunee, Wis. No agreement is recorded and no payments are made as rental.

The Escanaba, Frankfort & Southeastern Railroad
The obtainable records of the Escanaba consist solely of the minutes of stock holders' and directors' meetings, and the information contained herein was secured therefrom and from records of its successors.

Corporate History

The Escanaba was incorporated under the general laws of the State of Michigan on June 12, 1895, and filed for record on July 9, 1895. On October 15, 1895, the Escanaba deeded its property to the carrier.

Development of Fixed Physical Property

The property consisted of a single-track standard-gauge railroad extending from Frankfort, Mich., to Thompsonville, Mich., about 23 miles. This property was purchased from the Frankfort and no improvements thereon were made by the Escanaba.

The Toledo, Ann Arbor & North Michigan Railway
Corporate History

The North Michigan (1888) was incorporated under the general laws of the States of Ohio and Michigan as a consolidation of the North Michigan (1887) and the Cadillac. Articles of consolidation dated December 21, 1887, were filed for record on April 20, 1888. For accounting purposes the consolidation was considered effective on January 1, 1888, by the new company.

On April 16, 1890, the North Michigan (1888) purchased the property, rights, and franchises of the Lake Michigan.

On May 15, 1892, it purchased the property, rights, and franchises of the Frankfort.

Wellington R. Burt was appointed receiver for the property of the North Michigan (1888) on April 27, 1893, and operated the same until October 31, 1895.

On June 4, 1895, the section between Thompsonville and Frankfort, Mich., was sold at foreclosure of the mortgage secured by this section of line to George Lord Day and Albert C. Hall, representatives of the bondholders, and they, on June 12, 1895, conveyed the property to the Escanaba.

On September 13, 1895, the remainder of the property was sold at foreclosure of its various mortgages to R. C. Martin, representing the bondholders reorganization committee, who organized the carrier and, on October 14, 1895, conveyed the property to it.

Development of Fixed Physical Property

Tho North Michigan (1888) owned and operated about 301 miles of single- track standard-gauge railroad, extending from Toledo, Ohio, via St. Louis, Mich., to Frankfort, Mich., which was acquired as follows: Transportation service was extended by means of two car ferries operating across Lake Michigan from Frankfort to Kewaunee, Wis., the eastern terminus of the Kewaunee, Green Bay & Western Railway Company.

Toledo, Ann Arbor & Lake Michigan Railway
The obtainable records of the Lake Michigan consist solely of the minutes of stockholders' and directors' meetings, and the information herein contained was secured therefrom, and from records of its successors.

Corporate History

The Lake Michigan was incorporated March 29, 1888, under the general laws of the State of Michigan, to construct and operate a railroad from the city of Cadillac in a northwesterly direction to Frankfort, Mich., about 60 miles.

On April 16, 1890, the Lake Michigan conveyed its property, rights, and franchises, subject to the lien of its first mortgage, to the North Michigan (1888), in consideration of $900,000 par value of that company's capital stock being issued to the holders of a like amount of the Lake Michigan's capital stock.

Development of Fixed Physical Property

The line from Cadillac lo Thompsonville, about 45 miles, was completed on November 17, 1889, and was operated by the North Michigan (1888) from that date.

The Frankfort & Southeastern Railroad
No records of the Frankfort were obtainable. The information contained herein was secured from records of its successors.

Corporate History

The Frankfort was incorporated under the general laws of the State of Michigan on December 2, 1885, to construct a narrow-gauge railway from Frankfort in a southeasterly direction to a connection with the Grand Rapids and Indiana Railway, about 20 miles. On November 16, 1887, an amendment to the articles of association changed the gauge to standard and the southern terminus to Copemish, Mich. On May 15, 1892, the property, rights and franchises were conveyed to the North Michigan (1888).

Development of Fixed Physical Property

The proposed line, from Frankfort to Thompsonville, Mich., about 23 miles, was constructed and placed in operation November 25, 1889. This line, in connection with about 2 miles of line leased from the North Michigan (1888), between the southern end of its line and Copemish, was operated independently up to the date of its sale.

Toledo, Ann Arbor & Cadillac Railway
No records of this company are obtainable. The information given herein was secured from records of its successors and from copies of a few brief minutes of directors' meetings.

Corporate History

The Cadillac was incorporated June 22, 1886, under the general laws of the State of Michigan, to construct and operate a railway from Mount Pleasant to Cadillac, Mich. Under articles of consolidation filed for record on April 20, 1888, the Cadillac consolidated with the North Michigan (1887) to form the North Michigan (1S88). For accounting purposes the consolidation was considered effective on January 1, 1888.

Development of Fixed Physical Property

At date of demise the Cadillac owned about 63 miles of single-track standard- gauge railroad between Mount Pleasant and Cadillac, Mich., the construction of which was not entirely completed. Records indicate that a portion of the grade of either the Harrison and Muskegon River Railroad Company or of the Lake George and Muskegon River Railroad Company was utilized in constructing the line, but no further information with regard to either of these companies was obtainable.

The Toledo, Ann Arbor & North Michigan Railway
Corporate History

The North Michigan (1887) was incorporated under the general laws of the States of Ohio and Michigan as a consolidation of the North Michigan (1884) and the Mount Pleasant. The articles of consolidation, dated August 19, 1886, were filed for record on January 26, 1887. For accounting purposes the consolidation was considered effective on January 1, 1887, by the new company.

Under articles of consolidation dated December 21, 1887, the North Michigan (1887) consolidated with the Cadillac to form the North Michigan (1888).

Development of Fixed Physical Property

The North Michigan (1887) owned and operated about 173 miles of single-track standard-gauge railroad, which was acquired as follows: It had trackage rights over the line of the Michigan Air Line Railway be tween Hamburg and Hamburg Junction, Mich.

The Toledo, Ann Arbor & North Michigan Railway
The obtainable records of this company are more or less incomplete and details of some of its transactions are very meager.

Corporate History

The North Michigan (1884) was incorporated under the general laws of the States of Ohio and Michigan, as a consolidation of the Grand Trunk and the North Michigan (1882). The articles of consolidation, dated May 19, 1884, were filed for record July 29, 1884. For accounting purposes the consolidation was considered effective on July 1, 1884, by the company.

Under articles of consolidation dated August 19, 1886, the North Michigan (1884) consolidated with the Mount Pleasant to form the North Michigan (1887).

Development of Fixed Physical Property

The North Michigan (1884) owned and operated about 152 miles of single-track standard-gauge railroad, which was acquired as follows: The property acquired from the North Michigan (1882) was only partially constructed. Construction was completed by the North Michigan (1884) and the line opened for operation by October, 1886.

The North Michigan (1884) had trackage rights over the line of The Michigan Air Line Railway between Hamburg and Hamburg Junction, Mich.

Toledo, Ann Arbor & North Michigan Railway
No records of this company, except the minutes of stockholders' and directors' meetings, were obtainable.

Corporate History

The North Michigan (1882) was incorporated on November 16, 1882, under the general laws of the state of Michigan, to construct a railway from a connection with the line of the Grand Trunk, via Owosso, to St. Louis, Mich.

This company consolidated with the Grand Trunk under articles dated May 19, 1884, and filed for record July 29, 1884, to form the North Michigan (1884).

Development of Fixed Physical Property

In 1883 the line of the Owosso, partially constructed from Owosso to St. Louis, Mich., was acquired. The proposition of J. M. Ashley to complete construction, details of which are set forth below, was accepted. At date of consolidation the proposed line was only partly constructed.

In 1883, the company authorized the purchase of the partly constructed line of the Owosso for $180,000 of capital stock and $180,000 of first-mortgage 6 per cent bonds.

On September 29, 1883, the company accepted J. M. Ashley's proposition to construct and equip the line (using as part thereof the partly constructed line of the Owosso which had been acquired), in consideration of receiving the remainder of the authorized issues of capital stock and first-mortgage 6 per cent bonds. Obtainable records indicate that no capital stock, except qualifying directors' shares, were issued by this company and that Ashley himself had acquired the partly constructed line of the Owosso and that none of the bonds authorized were actually issued by this company. The successor company, the North Michigan (1884) assumed the mortgage of September 29, 1883, and issued bonds thereunder to the full authorized amount and issued its capital stock to the amount of $1,740,000 to Ashley, in settlement of the construction contract above referred to.

Toledo, Ann Arbor and Mount Pleasant Railway (Lansing, Alma, Mount Pleasant and Northern Railroad)
There are no records of this company obtainable. The information contained herein was obtained from records of its successors.

Corporate History

The Lansing, Alma, Mount Pleasant and Northern Railroad Company was incorporated February 12, 1884, under the general laws of the State of Michigan, to construct and operate a railway from Lansing to Mount Pleasant, Mich. On May 7, 1886, the articles of incorporation were amended, changing the name of the corporation to Toledo, Ann Arbor and Mount Pleasant Railway Company, herein called the Mount Pleasant, and making its proposed termini St. Louis and Mount Pleasant, Mich.

Under articles of consolidation dated August 19, 1886, but not filed for record until January 26, 1887, it consolidated with the North Michigan (1884) to form the North Michigan (1887).

Development of Fixed Physical Property

During 1885 about 12 miles of the line was completed. At date of its demise the Mount Pleasant owned about 21 miles of single-track standard-gauge railroad, extending from St. Louis to Mount Pleasant Mich. This section of 21 miles was opened for operation in June, 1886.

The Owosso and North Western Railroad (Owosso and Big Rapids Railroad)
No records of this company are obtainable. The information contained herein was obtained from those of its successors.

Corporate History

The Owosso was originally incorporated under the name Owosso and Big Rapids Railroad Company on August 16, 1869, under the general laws of the State of Michigan, to construct and operate a railroad from Owosso in a northwesterly direction to Big Rapids, Mich. On December 29, 1871, the articles of association were amended to change the name of the company to the Owosso and North Western Railroad Company and the northern terminus of the line to Frankfort, Mich. Some time in 1883, the partly constructed line between Owosso and St. Louis, Mich., and all rights and franchises, were conveyed to the North Michigan (1882). The consideration is stated to be $180,000 in capital stock and $180,000 in first-mortgage bonds of that company.

Development of Fixed Physical Property

In its last report to the State of Michigan for the year ended December 31, 1877, the Owosso reported expenditures, principally for grading, of $44,747.28. At its demise the line between Owosso and St. Louis was partly constructed.

The Toledo, Ann Arbor & Grand Trunk Railway
With the exception of the record of stockholders' and directors' meetings, a ledger and journal covering the last six months of its existence and its last report to its stockholders, no records of the Grand Trunk are obtainable. The information contained herein was taken from these sources and from the records of its successors.

Corporate History

The Grand Trunk was incorporated in Ohio and Michigan on October 15, 1880, as a consolidation of the Northeastern and the Toledo and Ann Harbor (1878). Under articles of consolidation dated May 19, 1884, and filed July 29, 1884, it consolidated with the North Michigan (1882) to form the North Michigan (1884). For accounting purposes the consolidation was considered effective July 1, 1884, by the new company.

Development of Fixed Physical Property

The Grand Trunk owned and operated a line of single-track standard-gauge railroad extending from Toledo, Ohio, via Emery, Mich., to South Lyon, Mich., a distance of about 60 miles. The owned mileage was acquired as follows: The Grand Trunk completed the construction of the line between Ann Arbor and South Lyon and opened it for operation in August, 1881.

Following the consolidation a portion of the right of way between South Lyon and Pontiac, Mich., was secured and considerable grading and bridging done. Before this partly constructed section was completed it was sold to the Michigan Air Line Railway on October 25, 1882, for $45,000.

Toledo, Ann Arbor and Northeastern Railroad
There are no records of the Northeastern obtainable, and the information contained herein was obtained from records of its successors.

Corporate History

The Northeastern was incorporated September 26, 1878, under the general laws of the State of Michigan, to construct a railroad in a northeasterly direction from Ann Arbor to Pontiac, Mich., about 37 miles.

On October 15, 1880, this company consolidated with the Toledo and Ann Arbor (1878) to form the Grand Trunk.

Development of Fixed Physical Property

Construction of the line from Ann Arbor to Pontiac was commenced at Ann Arbor, Mich., in October, 1879, under contract with J. M. Ashley, and about 15 miles between that point and South Lyon, Mich., was partially completed at date of demise.

The Toledo and Ann Arbor Railroad
With the exception of the record of the minutes of the stockholders' and directors' meetings there are no records of this company obtainable.

Corporate History

The Toledo and Ann Arbor (1878) was incorporated under the laws of the States of Michigan and Ohio as a consolidation of the Toledo and Ann Arbor (1877) (a Michigan corporation) and the State Line (an Ohio corporation). Articles of consolidation were filed in Michigan and Ohio on May 24 and May 28, 1878, respectively. On October 15, 1880, this company consolidated with the Northeastern to form the Grand Trunk.

Development of Fixed Physical Property

The Toledo and Ann Arbor (1878) owned a line of single-track standard-gauge railroad extending from Toledo, Ohio, to Ann Arbor, Mich., a distance of about 45 miles. The section from Toledo to the Ohio-Michigan State line, about 5 miles, was formerly the property of the State Line. About 38 miles of partly constructed line northward from the Ohio-Michigan State line was acquired in the consolidation from the Toledo and Ann Arbor (1877). This construction work was completed by the Toledo and Ann Arbor (1878) and about 2 miles additional constructed.

Toledo and State Line Railroad
No records of this company are obtainable. The information contained herein was secured from reports of the Public Service Commission of Ohio.

Corporate History

The State Line was incorporated June 30, 1872, under the general laws of the State of Ohio, to construct a railway from Toledo, Ohio, in a northerly direction to the Ohio-Michigan State line, approximately 5 miles. This company consolidated with the Toledo and Ann Arbor (1877) to form the Toledo and Ann Arbor (1878). Articles of consolidation were filed in Michigan May 24, 1878, and in Ohio May 28, 1878. They provided for an exchange of capital stock of the consolidating companies par for par for shares of the new company, and all assets and liabilities were merged.

Toledo and Ann Arbor Railroad
No records of this company are now obtainable with the exception of the record of the minutes of stockholders' and directors' meetings.

Corporate History

The Toledo and Ann Arbor (1877) was incorporated November 23, 1877, under the laws of the State of Michigan, to acquire the property, rights and franchises formerly belonging to the Northern and to complete its construction and operate the line.

On May 24, 1878, this company consolidated with the State Line, an Ohio corporation, to form the Toledo and Ann Arbor (1878). The articles of incorporation were also filed in Ohio on May 28, 1878. The outstanding capital stock was surrendered by the holders in exchange for an equal number of shares of the consolidated company's stock and all assets and liabilities were merged.

Development of Fixed Physical Property

The Toledo and Ann Arbor (1877) originally acquired the property of the Northern, consisting of about 38 miles of right of way and graded roadway lying between the Ohio-Michigan State line and Ann Arbor, Mich. On the date of consolidation the line was practically completed.

The Toledo, Ann Arbor and Northern Railroad
The only records obtainable are the minutes of the stockholders' and directors' meetings.

Corporate History

The Northern was incorporated November 26, 1869, under the general laws of the State of Michigan, to construct a railroad from the Ohio-Michigan State line near Toledo, Ohio, in a northerly direction via Ann Arbor to Owosso, Mich., a distance of about 100 miles. On August 13, 1875, it was declared bankrupt and its property ordered sold for the benefit of its creditors. On September 28, 1875, the property was sold at public auction and on October 6, 1875, conveyed by Edward D. Kinne, assignee in bankruptcy, to Benjamin P. Crane, contractor, one of the company's creditors, for $1,001. On June 9, 1877, Benjamin P. Crane conveyed the property so acquired, for $25,000, to J. M. Ashley of Toledo, Ohio, who, on November 23, 1877, transferred it to the Toledo and Ann Arbor (1877), a company organized to acquire and complete the construction of the line.

Development of Fixed Physical Property

The right of way was secured and grading on about 38 miles of roadbed between the State line and Ann Arbor completed prior to August 13, 1875.