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THE
CIVIL
ENGINEERING
HANDBOOK
SECOND EDITION
New Directions in Civil Engineering
Series Editor
W. F. CHEN
Hawaii University
Published Titles
Advanced Analysis of Steel Frames: Theory, Software, and Applications
W.F. Chen and Shouji Toma
Analysis and Software of Cylindrical Members
W.F. Chen and Shouji Toma
Artificial Intelligence and Expert Systems for Engineers
C.S. Krishnamoorthy and S. Rajeev
The Civil Engineering Hanbook, Second Edtion
W.F. Chen and J.Y. Richard Liew
Cold Weather Concreting
Boris A. Krylov
Concrete Beams with Openings: Analysis and Design
M.A. Mansur and Kiang-Hwee Tan
Concrete Buildings: Analysis for Safe Construction
W.F. Chen and K.H. Mosallam
Earthquake Engineering Handbook
W.F. Chen and Charles Scawthorn
The Finite Strip Method
Y.K. Cheung and L.G. Tham
Flexural-Torsional Buckling of Structures
N.S. Trahair
Flood Frequency Analysis
Ramachandro A. Rao and Khaled Hamed
Fracture Processes of Concrete
Jan G.M. van Mier
Fracture and Size Effect in Concrete and Other Quasibrittle Materials
ˆ ˆ
Zdenek P. Bazant and Jaime Planas
Introduction to Environmental Geotechnology
Hsai-Yang Fang
Limit Analysis and Concrete Plasticity
M.P. Nielsen
LRFD Steel Design Using Advanced Analysis
W.F. Chen and Seung-Eock Kim
Response Spectrum Method in Seismic Analysis and Design of Structures
Ajaya Kumar Gupta
Simulation-Based Reliability Assessment for Structural Engineers
Pavel Marek, Milan Gustar, and Thalia Anagnos
Stability Design of Steel Frames
W.F. Chen and E.M. Lui
Stability and Ductility of Steel Structures under Cyclic Loading
Yuhshi Fukumoto and George C. Lee
Theory of Adaptive Structures: Incorporating Intelligence into
Engineered Products
Senol Utku
© 2003 by CRC Press LLC

Published Titles (Continued)
Unified Theory of Reinforced Concrete
Thomas T.C. Hsu
Water Treatment Processes: Simple Options
S. Vigneswaran and C. Visvanathan
Forthcoming Titles
Transportation Systems Planning: Methods and Applications
Konstandinos Goulias

THE
CIVIL
ENGINEERING
HANDBOOK
SECOND EDITION
Edited by
W.f. CHEN
J.y. Richard LieW
CRC PR E S S
Boca Raton London New York Washington, D.C.
Library of Congress Cataloging-in-Publication Data
The civil engineering handbook / edited by W.F. Chen and J.Y. Richard Liew.
p. cm. -- (New directions in civil engineering)
Includes bibliographical references and index.
ISBN 0-8493-0958-1 (alk. paper)
1. Civil engineering--Handbooks, manuals, etc. I. Chen, Wai-Fah, 1936- II. Liew, J.Y.
Richard. III. Series.
TA151 .C57 2002

624--dc21 2002025920
This book contains information obtained from authentic and highly regarded sources. Reprinted material is quoted with
permission, and sources are indicated. A wide variety of references are listed. Reasonable efforts have been made to publish
reliable data and information, but the authors and the publisher cannot assume responsibility for the validity of all materials
or for the consequences of their use.
Neither this book nor any part may be reproduced or transmitted in any form or by any means, electronic or mechanical,
including photocopying, microfilming, and recording, or by any information storage or retrieval system, without prior
permission in writing from the publisher.
All rights reserved. Authorization to photocopy items for internal or personal use, or the personal or internal use of specific
clients, may be granted by CRC Press LLC, provided that $1.50 per page photocopied is paid directly to Copyright Clearance
Center, 222 Rosewood Drive, Danvers, MA 01923 USA The fee code for users of the Transactional Reporting Service is
ISBN 0-8493-0958-1/03/$0.00+$1.50. The fee is subject to change without notice. For organizations that have been granted
a photocopy license by the CCC, a separate system of payment has been arranged.
The consent of CRC Press LLC does not extend to copying for general distribution, for promotion, for creating new works,
or for resale. Specific permission must be obtained in writing from CRC Press LLC for such copying.
Direct all inquiries to CRC Press LLC, 2000 N.W. Corporate Blvd., Boca Raton, Florida 33431.
Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for
identification and explanation, without intent to infringe.
Visit the CRC Press Web site at www.crcpress.com
No claim to original U.S. Government works

International Standard Book Number 0-8493-0958-1
Library of Congress Card Number 2002025920
Printed in the United States of America 1 2 3 4 5 6 7 8 9 0
Printed on acid-free paper
Preface
The second edition of the Civil Engineering Handbook has been revised and updated to provide a
comprehensive reference work and resource book covering the broad spectrum of civil engineering. This
book has been written with the practicing civil engineer in mind. The ideal reader will be a BS- or MSc-
level engineer with a need for a single reference source to use to keep abreast of new techniques and
practices as well as to review standard practices.
The Handbook stresses professional applications, placing great emphasis on ready-to-use materials. It
contains many formulas and tables that give immediate solutions to common questions and problems
arising from practical work. It also contains a brief description of the essential elements of each subject,
thus enabling the reader to understand the fundamental background of these results and to think beyond
them. Traditional as well as new and innovative practices are covered.
As a result of rapid advances in computer technology and information technology, a revolution has
occurred in civil engineering research and practice. A new aspect, information technology and computing,
has been added to the theoretical and experimental aspects of the field to form the basis of civil engi-
neering. Thorough coverage of computational and design methods is essential in a knowledge-based
economy. Thus, computational aspects of civil engineering form the main focus of several chapters. The
Civil Engineering Handbook is a comprehensive handbook, featuring a modern CAD/CAE approach in
advancing civil engineers in the 21st century. The Handbook is organized into eight sections, covering the
traditional areas of civil engineering: construction engineering, materials engineering, environmental
engineering, structural engineering, geotechnical engineering, surveying engineering, hydraulic engineer-
ing, and transportation engineering.
The subdivision of each section into several chapters is made by the associate editors and is somewhat
arbitrary, as the many subjects of the individual chapters are cross-linked in many ways and cannot be
arranged in a definite sequence. To this end, in addition to the complete table of contents presented at
the front of the book, an individual table of contents precedes each of the eight sections and gives a
general outline of the scope of the subject area covered. Finally, each chapter begins with its own table
of contents. The reader should look over these tables of contents to become familiar with the structure,
organization, and content of the book. In this way, the book can also be used as a survey of the field of
civil engineering, by the student or civil engineer, to find the topics that he or she wants to examine in
depth. It can be used as an introduction to or a survey of a particular subject in the field, and the references
at the end of each chapter can be consulted for more detailed studies.
The chapters of the Handbook have been written by many authors, all experts in their fields, and the
eight sections have been carefully edited and integrated by the various associate editors in the School of
Civil Engineering at Purdue University and the Department of Civil Engineering at the National Uni-
versity of Singapore. This Handbook is a testimonial to the dedication of the associate editors, the
publisher, and the editorial associates. I wish to thank all of the authors for their contributions and the

reviewers for their constructive comments. I also wish to acknowledge at CRC Press, Helena Redshaw,
Elizabeth Spangenberger, Susan Fox, and Cindy Carelli for their professional support in revising this
handbook.
W. F. Chen
J. Y. Richard Liew
Editors-in-Chief

Editors-in-Chief
W. F. Chen is presently Dean of the College of Engineering at the

University of Hawaii. He was a George E. Goodwin Distinguished
Professor of Civil Engineering and Head of the Department of Struc-
tural Engineering at Purdue University from 1976 to 1999.
He received his B.S. in civil engineering from the National Cheng-
Kung University, Taiwan, in 1959, M.S. in structural engineering from
Lehigh University, PA, in 1963, and Ph.D. in solid mechanics from
Brown University, RI, in 1966. He received the Distinguished Alumnus
Award from the National Cheng-Kung University in 1988 and the
Distinguished Engineering Alumnus Medal from Brown University
in 1999.
Dr. Chen’s research interests cover several areas, including consti-
tutive modeling of engineering materials, soil and concrete plasticity,
structural connections, and structural stability. He is the recipient of
several national engineering awards, including the Raymond Reese
Research Prize and the Shortridge Hardesty Award, both from the
American Society of Civil Engineers, and the T. R. Higgins Lectureship Award from the American Institute
of Steel Construction. In 1995, he was elected to the U.S. National Academy of Engineering. In 1997, he
was awarded Honorary Membership by the American Society of Civil Engineers. In 1998, he was elected
to the Academia Sinica (National Academy of Science) in Taiwan.
A widely respected author, Dr. Chen authored and coauthored more than 20 engineering books and
500 technical papers. His books include several classical works such as Limit Analysis and Soil Plasticity
(Elsevier, 1975), the two-volume Theory of Beam-Columns (McGraw-Hill, 1976–77), Plasticity in Rein-
forced Concrete (McGraw-Hill, 1982), and the two-volume Constitutive Equations for Engineering Materials
(Elsevier, 1994). He currently serves on the editorial boards of more than 10 technical journals. He has
been listed in more than 20 Who’s Who publications.
Dr. Chen is the editor-in-chief for the popular 1995 Civil Engineering Handbook, the 1997 Handbook
of Structural Engineering, and the 1999 Bridge Engineering Handbook. He currently serves as the consulting
editor for McGraw-Hill’s Encyclopedia of Science and Technology.
He has been a longtime member of the Executive Committee of the Structural Stability Research
Council and the Specification Committee of the American Institute of Steel Construction. He has been
a consultant for Exxon Production Research on offshore structures, for Skidmore, Owings, and Merrill
in Chicago on tall steel buildings, and for the World Bank on the Chinese University Development
Projects, among many others.
Dr. Chen has taught at Lehigh University, Purdue University, and the University of Hawaii.

J. Y. Richard Liew is presently associate professor with the Department
of Civil Engineering at the National University of Singapore. He
received his B.Eng. and M.Eng in Civil Engineering from the National
University of Singapore, in 1986 and 1988, respectively, and Ph.D. in
Structural Engineering from Purdue University, West Lafayette, IN,
in 1992.
Dr Liew published more than 100 papers covering topics such as
steel design, frame stability, and steel-concrete composite structures.
He is actively involved in research on innovative lightweight structures
covering wide aspects of structural mechanics problems, including
joint effects, composite actions between various materials, cable ten-
sioning problems, and high temperature and high strain rate effects.
He also worked on product development using fiber-reinforced poly-
mer materials for structural applications. Dr. Liew authored and coau-
thored two books and more than ten engineering book chapters. He served on two editorial boards of
technical journals related to steel and composite structures.
He is a member of the American Society of Civil Engineers and the Institute of Structural Engineers
in the U.K. He is a Chartered Engineer of the U.K. He is currently (2002) the president of the Singapore
Structural Steel Society. He has been serving as a specialist advisor to several national organizations on
steel specifications and projects, to consultants and steel fabricators for special projects related to large
span steel structures and high-rise steel buildings, among others.

Contributors
Arch Alexander W. F. Chen J.D. Frost

Purdue University University of Hawaii Georgia Institute of Technology
West Lafayette, Indiana Honolulu, Hawaii Atlanta, Georgia
Amrou Atassi David K.H. Chua Peter G. Furth

Camp Dresser and McKee — National University of Singapore Northeastern University
CDM Kent Ridge, Singapore Boston, Massachusetts
Chicago, Illinois
Wesley G. Crawford T.-F. Fwa
David Bernstein Purdue University National University of Singapore
George Mason University West Lafayette, Indiana Kent Ridge, Singapore
Department of Computer
Science Jacques W. Delleur B.H.W. van Gelder
Harrisonburg, Viginia Purdue University Purdue University
West Lafayette, Indiana West Lafayette,Indiana
James S. Bethel
Purdue University Richard Deschamps
Purdue University
Aldo Giorgini
West Lafayette, Indiana (Deceased)
West Lafayette, Indiana
Purdue University
Jonathan D. Bray West Lafayette, Indiana
University of California Said M. Easa
Ryerson Polytechnic University
Walnut Creek, California Sanjiv Gokhale
Toronto, Ontario, Canada
Vanderbilt University
Christopher B. Burke Nashville, Tennessee
Christopher B. Burke
Steve Ernst
Christopher B. Burke
Engineering, Ltd. Donald D. Gray
Engineering, Ltd.
Rosemont, Illinois West Virginia University
Indianapolis, Indiana
Morgantown, West Virginia
Thomas Burke Bengt H. Fellenius
Christopher B. Burke Donn E. Hancher
Urkkada Technology Ltd.
Engineering, Ltd. University of Kentucky
Ottawa, Ontario, Canada
Rosemont, Illinois Lexington, Kentucky
Patrick J. Fox
Susan Burns University of California Milton E. Harr
University of Virginia Los Angeles, California North Kingstown, Rhode Island
Charlottesville, Virginia

David Ho Vasiliki Keramida Austin D.E. Pan
National University of Singapore Keramida Environmental, Inc. University of Hong Kong
Kent Ridge, Singapore Indianapolis, Indiana Hong Kong
R.D. Holtz Sung-Keun Kim Egor P. Popov (Deceased)

University of Washington Korea Institute of Construction University of California
Seattle, Washington Technology Berkeley, California
Kyunggi-Do, South Korea
Mark H. Houck Ser-Tong Quek
George Mason University National University of Singapore
Samuel Labi
Fairfax, Virginia Purdue University Kent Ridge, Singapore
Dana Humphrey J.A. Ramirez
University of Maine Purdue University
Timothy M.C. LaBreche West Lafayette, Indiana
Orono, Maine
Purdue University
Roy E. Hunt A. Ramachandro Rao
Drexel University Purdue University
Philadelphia, Pennsylvania Zongzhi Li West Lafayette, Indiana
Purdue University
D. Thomas Iseley
West Lafayette, Indiana Pedro C. Repetto
Woodward-Clyde Consultants
Blackhawk-Pas, Inc.
Denver, Colorodo
Greer, South Carolina J.Y. Richard Liew
National University of Singapore
Kent Ridge, Singapore J. Rhodes
Robert B. Jacko University of Strathclyde
Purdue University
Glasgow, Scotland
West Lafayette, Indiana E.M. Lui
Syracuse University
James E. Rowings, Jr.
Steven D. Johnson Syracuse, New York Peter Kiewit and Sons
Purdue University Omaha, Nebraska
D.A. Lyn
Purdue University Jeffrey S. Russell
Matthew Karlaftis West Lafayette, Indiana University of Wisconsin
National Technical University Madison, Wisconsin
of Athens
Athens, Greece Guy A. Meadows
University of Michigan Rodrigo Salgado
Ann Arbor, Michigan Purdue University
Konstantinos West Lafayette, Indiana
Kepaptsoglu
National Technical University Edward M. Mikhail Marika Santagata
of Athens Purdue University Purdue University
Athens, Greece West Lafayette, Indiana West Lafayette, Indiana

John F. Senft Chat Tim Tam Roger L. Wayson
Purdue University National University of University of Central Florida
West Lafayette, Indiana Singapore Orlando, Florida
Kent Ridge, Singapore
Linda S. Weavers
N.E. Shanmugam The Ohio State University
National University of Andrzej P. Tarko Columbus, Ohio
Singapore Purdue University
Kent Ridge, Singapore West Lafayette, Indiana Leo Weitzman
LVW Associates, Inc.
Kumares C. Sinha Ian Thomas West Lafayette, Indiana
Purdue University Victoria University of
West Lafayette, Indiana Technology
Robert K. Whitford
Alaska Statewide Planning
Melbourne City, Australia
Juneau, Alaska
Vute Sirivivatnanon
CSIRO Jolyon D. Thurgood Thomas F. Wolff
Dundas, Australia Leica, Inc. Michigan State University
Englewood, Colorado East Lansing, Michigan
Gary R. Smith William L. Wood
North Dakota State University Mang Tia (Deceased)
Fargo, North Dakota University of Florida Purdue University
Gainesville, Florida West Lafayette, Indiana
Yorgos J. Stephanedes
University of Minnesota Brian Uy Jeff R. Wright
Minneapolis, Minnesota University of New South Wales University of California
Sydney, NSW, Austraila Merced, California
Robert M. Sykes Ronald F. Wukasch

The Ohio State University Harold W. Walker (Deceased)
Columbus, Ohio The Ohio State University Purdue University
Columbus, Ohio West Lafayette, Indiana

Contents
SECTION I Construction
Introduction Donn E. Hancher
1 Construction Estimating James. E. Rowings, Jr.
2 Construction Planning and Scheduling Donn E. Hancher
3 Equipment Productivity Tom Iseley and Sanjiv Gokhale
4 Design and Construction of Concrete Formwork Arch Alexander
5 Contracts and Claims Gary R. Smith
6 Construction Automation Jeffrey S. Russell and Sung-Keun Kim
7 Value Improvement Methods David K.H. Chua
SECTION II Environmental Engineering
Introduction Robert B. Jacko
8 Water and Wastewater Planning Robert M. Sykes and E.E. Whitlatch
9 Physical Water and Wastewater Treatment Processes Robert M. Sykes

and Harold W. Walker
10 Chemical Water and Wastewater Treatment Processes Robert M. Sykes,

Harold W. Walker, and Linda S. Weavers
11 Biological WastewaterTreatment Processes Robert M. Sykes

12 Air Pollution Robert B. Jacko and Timothy M.C. LaBreche
13 Incinerators Leo Weitzman
14 Solid Waste/Landfills Vasiliki Keramida
SECTION III Geotechnical Engineering

Introduction Milton E. Harr
15 Soil Relationships and Classification Thomas F. Wolff
16 Accounting for Variability (Reliability) Milton E. Harr
17 Strength and Deformation Dana N. Humphrey
18 Groundwater and Seepage Milton E. Harr
19 Consolidation and Settlement Analysis Patrick J. Fox
20 Stress Distribution Milton E. Harr
21 Stability of Slopes Roy E. Hunt and Richard Deschamps
22 Retaining Structures Jonathan D. Bray
23 Foundations Bengt H. Fellenius
24 Geosynthetics R.D. Holtz
25 Geotechnical Earthquake Engineering Jonathan D. Bray
26 Geo-Environment Pedro C. Repetto
27 In Situ Subsurface Characterization J. David Frost and Susan E. Burns
28 In Situ Testing and Field Instrumentation Rodrigo Salgado and

Marika Santagata

SECTION IV Hydraulic Engineering
Introduction Jacques W. Delleur
29 Fundamentals of Hydraulics D.A. Lyn
30 Open Channel Hydraulics Aldo Giorgini and Donald D. Gray
31 Surface Water Hydrology A.R. Rao
32 Urban Drainage A.R. Rao, C.B. Burke, and T.T. Burke, Jr.
33 Quality of Urban Runoff Amrou Atassi, Steve Ernst, and Ronald F.

Wukash
34 Groundwater Engineering Jacques W. Delleur
35 Sediment Transport in Open Channels D.A. Lyn
36 Coastal Engineering William L. Wood and Guy A. Meadows
37 Hydraulic Structures Jacques Delleur
38 Simulation in Hydraulics and Hydrology A.R. Rao, C.B. Burke, and

T.T. Burke, Jr.
39 Water Resources Planning and Management J.R. Wright and

M.H. Houck
SECTION V Materials Engineering
Introduction D. W. S. Ho
40 Constituents and Properties of Concrete C.T. Tam
41 Durability of Concrete D.W.S. Ho
42 Special Concrete and Application V. Sirivivatnanon, C.T. Tam, and

David Ho

43 Wood as a Construction Material John F. Senft
44 Structural Steel Ian Thomas
45 Bituminous Materials and Mixtures Mang Tia
SECTION VI Structural Engineering
Introduction J.Y. Richard Liew
46 Mechanics of Materials Austin D.E. Pan and Egor P. Popov
47 Theory and Analysis of Structures J.Y. Richard Liew and

N.E. Shanmugam
48 Design of Steel Structures E.M. Lui
49 Cold Formed Steel Structures J. Rhodes and N.E. Shanmugam
50 Structural Concrete Design Julio A. Ramirez
51 Composite Steel–Concrete Structures Brian Uy and J.Y. Richard Liew
52 Structural Reliability Ser-Tong Quek
SECTION VII Surveying Engineering
Introduction Edward M. Mikhail
53 General Mathematical and Physical Concepts Edward M. Mikhail
54 Plane Surveying Steven D. Johnson and Wesley G. Crawford
55 Geodesy B.H.W. van Gelder
56 Photogrammetry and Remote Sensing J.S. Bethel
57 Geographic Information Systems Jolyon D. Thurgood and J.S. Bethel

SECTION VIII Transportation Engineering
Introduction Kumares C. Sinha
58 Transportation Planning David Bernstein
59 Airport Planning and Design Robert K. Whitford
60 High-Speed Ground Transportation: Planning and Design Issues

Robert K. Whitford, Matthew Karlaftis, and Konstantinos Kepaptsoglu
61 Urban Transit Peter G. Furth
62 Highway and Airport Pavement Design T.F. Fwa
63 Geometric Design Said M. Easa
64 Highway Traffic Operations Andrzej P. Tarko
65 Intelligent Transportation Systems Yorgos J. Stephanedes
66 Highway Asset Management Zongzhi Li, Samuel Labi, and Kumares

C. Sinha
67 Environmental Considerations during Transportation Planning Roger

L. Wayson
APPENDIX Mathematics, Symbols, and Physical Constants

Greek Alphabet
International System of Units (SI)
Conversion Constants and Multipliers
Physical Constants
Symbols and Terminology for Physical and Chemical Quantities
Elementary Algebra and Geometry
Determinants, Matrices, and Linear Systems of Equations
Trigonometry
Analytic Geometry
Series

Differential Calculus
Integral Calculus
Vector Analysis
Special Functions
Statistics
Tables of Probability and Statistics
Tables of Derivatives
Integrals
The Fourier Transforms
Numerical Methods
Probability
Positional Notation
Credits
Associations and Societies
Ethics

I
Construction
Donn E. Hancher
University of Kentucky
1 Construction Estimating James E. Rowings, Jr
Introduction • Estimating Defined • Estimating Terminology • Types of Estimates • Contracts •
Computer-Assisted Estimating
2 Construction Planning and Scheduling Donn E. Hancher
Introduction • I–J Critical Path Method • Precedence Critical Path Method • CPM Day to
Calendar Day Conversion • Updating the CPM Network • Other Applications of CPM •
Summary
3 Equipment Productivity Tom Iseley and Sanjiv Gokhale
Introduction • Heavy/Highway Construction Projects • Municipal/Utility Construction
Projects • Preventive Maintenance • Mobilization of Equipment
4 Design and Construction of Concrete Formwork Arch Alexander
Introduction • Concrete Formwork • Materials • Loads on Concrete Formwork • Analysis and
Design for Formwork
5 Contracts and Claims Gary R. Smith
Introduction • Contracts • Contract Administration • Reasoning with Contracts • Changes •
Notice Requirements • Oral Changes • Contract Interpretation • Defective Specifications •
Misrepresentation • Differing Site Conditions • Claim Preparation • Dispute Resolution •
Summary
6 Construction Automation Jeffrey S. Russell and Sung-Keun Kim
Introduction • Fixed Construction Automation • Programmable Construction Automation •
Computer-Integrated Construction (CIC) • Toward Advanced Construction Automation •
Economics • Summary
7 Value Improvement Methods David K. H. Chua
Introduction • Value Engineering • Constructability • Quality Management • Conclusions
T
he construction industry is one of the largest segments of business in the United States, with the
percentage of the gross national product spent in construction over the last several years averaging
about 10%. For 2001, the total amount spent on new construction contracts in the U.S. is estimated
at $481 billion [Engineering News Record, Nov. 19, 2001]. Of this total, about $214 billion is estimated
for residential projects, $167 billion for nonresidential projects, and the rest for nonbuilding projects.
Construction is the realization phase of the civil engineering process, following conception and design.
It is the role of the constructor to turn the ideas of the planner and the detailed plans of the designer
into physical reality. The owner is the ultimate consumer of the product and is often the general public

for civil engineering projects. Not only does the constructor have an obligation to the contractual owner,
or client, but also an ethical obligation to the general public to perform the work so that the final product
will serve its function economically and safely.
The construction industry is typically divided into specialty areas, with each area requiring different
skills, resources, and knowledge to participate effectively in it. The area classifications typically used are
residential (single- and multifamily housing), building (all buildings other than housing), heavy/highway
(dams, bridges, ports, sewage-treatment plants, highways), utility (sanitary and storm drainage, water
lines, electrical and telephone lines, pumping stations), and industrial (refineries, mills, power plants,
chemical plants, heavy manufacturing facilities). Civil engineers can be heavily involved in all of these
areas of construction, although fewer are involved in residential. Due to the differences in each of these
market areas, most engineers specialize in only one or two of the areas during their careers.
Construction projects are complex and time-consuming undertakings that require the interaction and
cooperation of many different persons to accomplish. All projects must be completed in accordance with
specific project plans and specifications, along with other contract restrictions that may be imposed on
the production operations. Essentially, all civil engineering construction projects are unique. Regardless
of the similarity to other projects, there are always distinguishing elements of each project that make it
unique, such as the type of soil, the exposure to weather, the human resources assigned to the project,
the social and political climate, and so on. In manufacturing, raw resources are brought to a factory with
a fairly controlled environment; in construction, the “factory” is set up on site, and production is
accomplished in an uncertain environment.
It is this diversity among projects that makes the preparation for a civil engineering project interesting
and challenging. Although it is often difficult to control the environment of the project, it is the duty of the
contractor to predict the possible situations that may be encountered and to develop contingency strategies
accordingly. The dilemma of this situation is that the contractor who allows for contingencies in project cost
estimates will have a difficult time competing against other less competent or less cautious contractors. The
failure rate in the construction industry is the highest in the U.S.; one of the leading causes for failure is the
inability to manage in such a highly competitive market and to realize a fair return on investment.
Participants in the Construction Process

There are several participants in the construction process, all with important roles in developing a
successful project. The owner, either private or public, is the party that initiates the demand for the
project and ultimately pays for its completion. The owner’s role in the process varies considerably;
however, the primary role of the owner is to effectively communicate the scope of work desired to the
other parties. The designer is responsible for developing adequate working drawings and specifications,
in accordance with current design practices and codes, to communicate the product desired by the owner
upon completion of the project. The prime contractor is responsible for managing the resources needed
to carry out the construction process in a manner that ensures the project will be conducted safely, within
budget, and on schedule, and that it meets or exceeds the quality requirements of the plans and specifi-
cations. Subcontractors are specialty contractors who contract with the prime contractor to conduct a
specific portion of the project within the overall project schedule. Suppliers are the vendors who contract
to supply required materials for the project within the project specifications and schedule. The success
of any project depends on the coordination of the efforts of all parties involved, hopefully to the financial
advantage of all. In recent years, these relationships have become more adversarial, with much conflict
and litigation, often to the detriment of the projects.
Construction Contracts
Construction projects are done under a variety of contract arrangements for each of the parties involved.
They range from a single contract for a single element of the project to a single contract for the whole

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world, where those powers have been generally, though imperfectly,
separated.”
“I have learned to doubt,” wrote Dr. Dio Lewis, “whether law is
very potent in the cure of moral evil. Force is a good agency in
breaking rocks and subduing wild beasts; but in curing immorality, in
which we strive to regulate the action and reaction of the faculties
and passions of the human soul, force is about as well adapted to
our purpose as a sledge-hammer to regulating a watch. Some
people seem to have the impression that society is restrained from
evil by law; that our wives and daughters are virtuous because there
is a law against prostitution; that our exemplary citizens refrain from
profanity and excess in gaming and drinking because they are
forbidden by law; that somehow society is kept in order by law.
“It is not denied that Massachusetts has to-day upon her
statute-books other laws involving the same violation of personal
liberty as prohibition; but every law interfering with personal habits
and propensities has no practical vitality.
“For example, prostitution is an enormous evil; and we have a
severe statute against it; but, as a matter of fact, if a house of
prostitution be conducted in a quiet, unobtrusive way, the authorities
cannot break it up. If any prohibitionist can devise a method by
which the authorities can break up such a house, it would be easy to
sell his discovery to property holders of New York City for a hundred
million of dollars.
“Scattered throughout this city (Boston) there are unnumbered
rooms over stores, and other places of business, and in private
houses, occupied by persons who are living in the relation of
husband and wife without legal marriage. There are not two
punishments for every hundred thousand violations of the statutes
against such intimacies.
“Gambling is very common in our city. There is a great number
of rooms, or suites of rooms, devoted to this practice. In club houses
and many hotels, gambling may be found every night, and often
lasting all night. Not a fiftieth part of the gambling done in this city
takes place in gambling rooms. Why does it never occur to anybody
to attempt to enforce the law against gambling in our clubs and
other private houses; should they attempt it they would signally fail.”
Although this was said of New England, it is representative of
the United States and the civilized world. A like picture might be
drawn of every city in our land and throughout Europe. Every candid
and intelligent magistrate, or police official, in the country will admit
that the law never has, and never can, prevent gaming,
intemperance or prostitution. This has been publicly acknowledged
by the most eminent men of affairs in Europe. That it is impossible
to suppress or exterminate the “social evil” has been demonstrated
by Acton, Tait, Parent and Du Chatelet. The latter avows that
“licensed houses are the most judicious and the most consistent with
good morals.” The police establishments of the continent, finding it
impossible to prevent the existence of houses of ill-fame, realized
the necessity, not of authorizing, but of licensing them. The vice is
now subject to police supervision in Paris, Toulon, Lyons, Strasburg,
Brest, Hamburg, Berlin, Vienna, Naples, Brussels, Rheims, Bordeaux,
Marseilles, Copenhagen, Madrid, Malta, Lisbon, Amsterdam and St.
Petersburg. A like policy obtains in Bombay, Hong Kong, Japan, New
South Wales and Cape Colony.
On the contrary, England wages war against prostitution. Is it
with success? No; in this respect her cities are the worst in Europe.
In that country 42,000 illegitimate children were born in 1851. It
was estimated that within the five years preceding, 212,000 females
had strayed from the paths of virtue, and thus taken the first step in
prostitution. In 1832, London had a population of 1,000,000, and
her known prostitutes numbered 10,000. Within her limits were then
3,300 brothels. At that time, in Liverpool, there were 5,000 fallen
women. Of houses of ill-fame Dublin had 355; Edinburgh, 219;
Glasgow, 204; Liverpool, 770; Manchester, 308; Birmingham, 797;
Hull, 175; Leeds, 179; Norwich, 194. In England, in 1865, there
were 500,000 prostitutes. It has been computed that the
unfortunates number about 86,000 in the London of to-day. It is not
surprising, then, that the constabulary of Great Britain are in despair
of their power for good over this evil. “Sooner or later (they realize)
the principle of individual liberty must triumph, and prostitution must
become, under the shadow of general principles, as unrestricted as
any other commerce, moral or immoral.”
In New York City, also, the law has always attempted to repress
the “social evil,” but without avail. This has been openly recognized
by those in authority. In 1875, 1876, and 1877 licensed prostitution
was recommended by a committee of the State Legislature, the
Grand Jury of the City and County of New York, and the
Commissioner of Public Charities and Correction. The committee
assumed “that houses of prostitution must exist;” and its members,
therefore, took it upon themselves “to earnestly recommend to the
Legislature the regulating, or permitting,” or, as they phrased it, “if
the word be not deemed offensive, the licensing of prostitution.” In
June, 1876, the Grand Jury of the Court of General Sessions of the
same county and state, made an official presentment concerning
prostitution, in which they say “that however abhorrent to the views
of some, any legislation may be, which appears to legalize so great
an evil, still the fact must not be lost sight of that it is an evil
impossible to suppress, yet comparatively easy to regulate and
circumscribe.” They conclude with a memorial to the Legislature, “to
adopt as early as practicable some system of laws calculated to
confine houses of prostitution, in the large cities of this state, within
certain specified limits, and to subject them at all times to a careful
and vigilant supervision of the Boards of Health and Police.”
Punitory laws never have, and never will cure the evils to which
society is liable. “Life is sweet,” some one has said, and yet even the
death penalty does not prevent murder. If the menace of death is
not a deterrent, what can be said for lesser penalties like fines and
imprisonment. That capital punishment is not a preventive of crime
was (upon investigation) the conviction of Bentham, Beccaria,
George Clinton, Lord Brougham, Judge J. W. Edmunds, William H.
Seward, Wendell Phillips, Douglas Jerrold, Cassius M. Clay, Dr.
Lushington, Edward Livingston, Theodore Parker, Vice-President
Dallas, DeWitt Clinton, Victor Hugo, Mittermaier, John Howard, Sir
Samuel Romilly, Earl Russell, Lord Houghton, Lord Osborne, John
Bright, Lord Hobart, Lord Kelly, Frederick Robertson, Prof. Fawcett,
Charles Dickens, John Stuart Mill, Canning, Thomas Jefferson, and
hundreds of other able, thoughtful and conscientious men. Their
position was not only grounded on observation, but fortified by the
experience of Tuscany, Spain, Italy, Switzerland, Bavaria, Belgium,
San Marino, Denmark, Norway, Sweden, Michigan, Wisconsin,
Minnesota, Maine, Vermont, and Rhode Island. “There is no passion
in the mind of man,” said Lord Bacon, “so weak, but it mates and
masters the fear of death; and therefore death is no such terrible
enemy when a man hath so many attendants about him that can
win the combat of him. Revenge triumphs over death; love slights it;
honor aspireth to it; grief fleeth to it; fear occupieth it.” And if “the
fear of the great future,” writes Bovee, “when painted with the
horrors such as only a Milton or a Pollok could depict, produces no
more marked effect on human action; it is hardly reasonable to
suppose that the menace of death by human law, will be very
effective in the repression of crime.”
The truth is clear to Rev. Octavius B. Frothingham. He declares
that neither crime nor vice can be prevented, remedied, or expelled
by force of law. “Nature will have her way, if not by one channel,
then by another. She will plunge underground, and come up in
unexpected spots. Cunning comes to her assistance. She makes
alliance with subterfuge and deceit. She is sly, swift, ubiquitous.
Disappearing in New York, she turns up in Philadelphia. Expelled
from the cities, she takes refuge in the towns; banished from the
towns, she finds coverts in the cities; hiding in the dens and slums,
creeping into the lanes, mingling with the crowd of harmless things,
sheltering herself behind law. She is a Proteus, able to take on every
possible shape of innocence. Refuse her brandy, she will take opium,
morphine, ether, tobacco, strong coffee, in quantities equivalent to
the stimulant desired. You fancy the community becoming temperate
in one respect, and find it becoming intemperate in another. Opium
eaters multiply as dram-drinkers decrease. The propensity is alive
still, and perhaps provoked to activity by the efforts made to
suppress it. The natural appetite being reinforced by anger, spite,
the spirit of resistance to persecution, which grows dogged and
stubborn, fortifying the sense of injustice by the pride of self-will.
“As if impatient at the slowness of the converting process, weary
of the task of planting vice out, of choking the weeds of instinct with
the flowers of grace, the church undertook, with violent hand, to pull
up the weeds by main force. Instead of abolishing the hydra by a
beautiful law of evolution, which should create a series of nobler
growths; it undertook to cut off the poisonous heads, one by one. It
took boys and girls, at the tenderest age, out of the world, confined
them in religious houses, refused them the joy of the flesh, and the
joy of the eyes, and the pride of life, barred the gates of every
terrestrial garden, mortified their desires, kept them occupied with
prayers and contemplations, and so tried to starve nature to death.
“Christianity, was as consistent, tried to repress the disposition to
unbelief, in its opinion the most fruitful source of vice. The
disposition to unbelief was regarded as the deadliest symptom of the
natural, unconverted heart. To counteract it by an opposite
disposition to belief was tedious and difficult, and the method of
repression was resorted to. The civic power was enlisted in the work
of exterminating pernicious error. Tribunals were created, laws were
passed, judges and executioners were appointed, penalties were
devised, heretical schools were broken up, heretical books were
burned, heretical teachers were banished, silenced, incarcerated,
consigned to the flames. Whole provinces were devastated, towns
were destroyed, populations turned adrift to perish; the entire field
of unorthodox thought was ploughed over and sown with salt. And
what was the result of the method, carried out on this vast scale,
with full ecclesiastical and civil powers—the sacred and the secular
authorities combining, the sympathy of the Christian world aiding,
no public opinion opposing, the resources of wealth conspiring with
the resources of fanaticism, to make the policy of suppression
effective? The issue is familiar to all who care to know the truth,
from the reports of historians, who have made it their business to
ascertain and tell the facts. They certainly do not bear out the
conclusion that the method of suppression is wise, or even practical.
On the contrary, they suggest the opinion that it is impractical as it is
unwise. The failure of the method was so disastrous that it quite
defeated the ends.
“If one thing is demonstrated by human history, it is this:—the
attempt to suppress human nature, under any form, so it be nature
that is suppressed, is futile. The old proverbs, which say, ‘Drive
nature out at the door, and she comes in at the window;’ ‘You
cannot expel nature with a fork;’ hold out a truth that is for all
time.... Deeply rooted propensities, habits which have become a
second nature, cannot be thus dealt with. No Hercules’ club will avail
to kill the vital principle that grows venomous heads faster than they
can be bruised. The effort to suppress nature by violent measures, is
always followed, always produces a reaction, that is exactly
proportioned in strength to the effort, and fairly balances it. Healthy
progress is slow, gradual, measured, according to the sure
conditions of cause and effect. It consists of a long line of close
sequences, knit together, not mechanically, like a chain, but
organically, like a muscle or a nerve. Every inch of growth implies a
preceding inch of growth; there is no such thing as jump or leap
from point to point. You do not make the elastic band longer by
stretching it; you but loosen the cohesion of its parts; the strain
being relaxed, the band resumes its first condition; the strain being
continued, the band looses its elasticity and breaks. There is no
more power than there is.”
M. Guizot, statesman and historian, thought it a gross delusion
to believe in the sovereign power of political machinery. Every day
discloses a failure, every day there reappears the belief that it needs
but an act of some legislative body and a corps of officials to effect
any purpose. The faith of mankind is nowhere better seen.
Disappointment has been preached from the first: “Put not thy trust
in legislation.” Yet the trust in legislation seems scarcely diminished.
Is it not time to reject the law as a social panacea? We should now
realize that measures are usually quite different in effect from what
has been expected. It would be difficult to estimate the number of
legislative disappointments in English and American history; “or the
amount of harm which has been inflicted on society by abortive
attempts at statesmanship.” History demonstrates the incapacity of
law-givers. Says Mr. Jensen, “From the statute of Merton (20 Henry
III.) to the end of 1872, there had been passed 18,110 public acts,
of which he estimated that four-fifths had been partially or wholly
repealed.” And Herbert Spencer estimated a few years ago that “in
the last three sessions of the English parliament, there have been
totally repealed 650 acts, belonging to the present reign alone.”
Buckle said, in this connection, every great reform has consisted
“not in doing something new, but in undoing something old. The
most valuable additions made to legislation have been enactments
destructive of preceding legislation, and the best laws which have
been passed have been those by which some former laws were
repealed.... We owe no thanks to law-givers as a class; for, since the
most valuable improvements in legislation are those which subvert
preceding legislation, it is clear that the balance of good cannot be
on their side. It is clear that the progress of civilization cannot be
due to those who, on the most important subjects, have done so
much harm that their successors are considered benefactors, simply
because they reverse their policy, and thus restored affairs to the
state in which they would have remained, if politicians had allowed
them to run on in the course which the wants of society required.”
In the name of “liberty and equality,” a brave battle has been
fought for individuality. Unjust and unwise interference by the state
has been ably resisted. It is demanded that private judgment be
released from the embrace of authority. The truth is, one man has
no natural right to make laws for another. True, he may repel
another, when his own rights are infringed, but he has no right to
govern him. The individual is sovereign merely over himself, and not
over his fellow-man.
The greatest minds now insist an individual will more freely act,
not only for the furtherance of personal interests, but also for
collective interests, without being constrained thereto by an external
power. Whenever room is to be made, they say, for the advance of
society, public authority must retire within its narrowest jurisdiction;
yielding, because of its impracticability, all control over concerns
purely personal. “Who remembers having done anything, or having
refrained from doing anything, on account of the statutes? If we
could realize how little civil law contributes to the good conduct and
well-being of society, our interest in legislators would be greatly
lessened. Of the millions upon millions of acts of kindness and
justice which go to make up civilized life, I take it that nine in ten
would not be performed at all, if they were required by law.
John Stuart Mill has clearly defined the limit of individual
“sovereignty”—as it is termed—and where the authority of society
should begin. “Each will receive its proper share, if each has that
which more particularly concerns it. To individuality should belong
the part of life in which it is chiefly the individual that is interested;
to society, the part which chiefly interests society.
“The acts of an individual may be hurtful to others, or wanting in
due consideration for their welfare, without going the length of
violating their constituted rights. The offender may then be justly
punished by opinion, though not by law. As soon as any part of a
person’s conduct affects prejudicially the interests of others, society
has jurisdiction over it, and the question whether the general welfare
will or will not be promoted by interfering with it, becomes an open
one. But there is no room for entertaining any such question, when
a person’s conduct affects the interest of no person besides himself,
or need not affect them unless they like, all the persons concerned
being of full age, and with the ordinary amount of understanding. In
all such cases there should be perfect freedom, legal and social, to
do the action and stand the consequences.”
Everybody agrees with this proposition, in the abstract. At this
period of time, nobody would dispute “personal liberty,” as a
“glittering generality.” People are too smart for that. It would be
impolite and unfashionable. They would agree with you, perhaps,
that “personal liberty” is the source of all progress, the lever of all
conquests, the inspiration of all achievements. “The great, vital,
pivotal fact of human life; all progress and all happiness begin and
end in personal freedom.” O yes, they will readily agree with the
rhetoric involved. “The prize, the precious jewel of the ages, is
personal liberty. It has no equivalents. Untold wealth, a mine of
diamonds, a palace, are baubles by the side of personal liberty. We
recognize the supreme importance of this principle. We are willing
that all men should be free—if they will only do what is best for
them. We rejoice in the utmost liberty of opinion and action—if
people will only do and say what is right.”
Thus is “freedom” trespassed upon, under pretence that is for
the good of the man or men whose rights are violated. Such was
probably the pretext for every tyrannical invasion of popular rights
known to history. Thus was it quaintly put by Dio Lewis: “The
Inquisition believed in the perfect liberty of all men to be Catholics,
but if they caught a man with other notions about salvation, they
put a thumb-screw on him. Our Puritan fathers believed in personal
freedom as no other men ever did. They left their homes, crossed a
stormy ocean, and braved a thousand dangers, that they might be
free to think and say what they pleased. And they were perfectly
willing that all who came along might think and say what they
pleased, unless, as sometimes unfortunately happened, the other
men said and thought things which conflicted with the things which
the fathers thought and said. They sometimes came across a
Quaker, whose views did not seem quite the thing, and they hung
him. Our New England fathers believed in ‘religious liberty.’ Indeed,
‘religious liberty’ was their constant boast; but if a man did not
believe in hell, they would not let him testify in court.... But our
fathers were always very kind about it; they said he was at liberty,
perfect liberty, at any time to believe in hell, and then he might
swear a blue streak.”
What is really meant by this definition of “personal liberty” is the
absolute right of every individual that every other individual shall
act, in every respect, exactly as he ought; “that whosoever fails
thereof, in the smallest particular, violates my social right and
entitles me to demand of the legislature the removal of the
grievance.” “This doctrine,” continued Mill, “ascribes to all mankind a
vested interest in each other’s moral, intellectual, and physical
perfection, to be defined by each claimant, according to his own
standard.”
Of this class of men Dr. Lewis well said: “They consider
themselves born to control other men. They are ever inquiring,
‘What ought this man to do?’ and if that man refuses to do it, ‘How
can we compel him?’ They proceed thus: ‘Resolved, That the
righteous should govern the world. Resolved, That we are the
righteous.’”
In what language can I fitly designate a principle of action so
impertinent and presumptious? Who can deny the moral “liberty” of
his fellow creature, as an abstract proposition? Is not the moral
equality, or independence of man one of his essential rights? Neither
one, nor any number of persons, is warranted in saying to another
of mature years, what the latter shall, or shall not do with his life for
his own benefit. “He is most deeply interested in his own well-being;
the interest which another person can have in it is trifling, compared
with that which he himself has.” It is time for society to distinguish,
sharply, between the province of morality and that of legislation.
With the same end in view, perhaps, yet they should differ widely in
extent. Admit that morals and the law have the same center, they
have not the same circumference. There may be a moral guide to
the conduct of an individual, through all the details of life, through
all the relationships of society; but legislation cannot be this, and if it
could, it ought not to exercise a continued and direct interference
with the conduct of men. There are many acts useful to the
community which the legislator ought never to command; so are
there many hurtful acts, which he ought not to forbid. There is
certainly a broad distinction between moral and legal rights. For
instance, “a man has no moral right to hate his wife, but he has a
perfect legal right to hate her. A man has no moral right to foreclose
a mortgage on a sick widow’s home, and turn her and her children
out in the snow, but he has a perfect legal right to do it. A man has
no moral right to make a glutton of himself, destroy his usefulness,
and thus throw his wife and children on the town, but he has a
perfect legal right to do it.” A man has no moral right to drink rum,
but he has a perfect legal right to do so. What actions, then, may be
legally punished as offenses? “What a question,” I hear some one
exclaim; “are not all men agreed upon it? Do you ask us to prove an
acknowledged truth.” I answer in words of the great Jeremy
Bentham: “Be it so. But on what is founded that agreement?
Demand of each his reasons. You will find a strange diversity of
interest and principles. You will find it not only among the people,
but among philosophers.... The agreement which you see is founded
only on prejudices; and these prejudices vary, according to the times
and places, according to opinions and customs.... People have
always said that such an action is an offense. Such is the guide of
the multitude, and even of the legislator. But if usage has made
innocent actions crimes; if it makes venial offenses appear heavy,
and heavy offences light; if it has varied everywhere, it is clear that
we must subject it to some rule.”
Vices are not rightly punishable by law. They are amenable to
education only. Should A. assist B. to indulge in a vice, and A. uses
no fraud or coercion, and B. is compos mentis, A. is not guilty of a
crime, in the proper sense. Suppose A. were a cook, who
compounds for B. rich and delicious dishes, and of which B. partakes
to such an extent that he sickens and dies, A. is not guilty of a
crime. Neither is B.’s indulgence in the strong food or strong drink a
crime punishable by law, only a vice amenable to discretion and
judgment.
Correctly considered, then, a crime is an act which one man,
with “malice prepense,” commits upon the person or property of
another, without that other’s consent. Crime may be subject to law.
A vice, on the other hand, is any act or passion in which a person
may indulge himself: malice, hypocrisy, pride, envy, hatred, avarice,
ambition, profanity, falsehood, indolence, cowardice, drunkenness,
gluttony, tyranny, fanaticism, extravagance, etc., etc. Unless this
distinction be recognized by the law, there can be no such thing as
individual right, liberty or property, “no such thing as the right of one
man to the control of his own person and property, and the
corresponding and co-equal right of another man to the control of
his own person and property.”
An eminent and respected physician once said to an enlightened
audience: “Not a person before me, but has suffered from vices;
indeed, that is what we mean by the imperfection of human nature.
When we depart from perfection it is a vice. Everybody is guilty of
vices. The people before me, forty years old, should not be so old at
fifty or sixty. Their teeth are decayed, and they have imperfect
digestion. They do not enjoy the full and happy play of all their
powers and faculties, and the greater part of this waste comes from
vices. There are certain secret vices which cannot be publicly
named, which are doing more to break down our vital force, make
us prematurely old, and fetter our souls, than all the crimes
committed in the country, and the legislature can do nothing to cure
them.
“Without doubt, gluttony is the most destructive of all our vices.
It obtains among all classes, all ages, and both sexes. Eminent
medical men, in England and America, declare that strong food can
count ten victims, where strong drink counts one.
“Tobacco is doing more injury to the minds and bodies of our
nation than all the murder, theft, burglary, and arson, and yet the
legislature can do nothing to cure the tobacco curse.”
Dr. Lewis wisely continues: “It is not often possible to say of
those acts that are called vices, that they are really vices except in
degree. That is, it is difficult to say of any actions, or courses of
action, that are called vices, that they really would have been vices,
if they had stopped short of a certain point. The question of vice or
virtue, therefore, in all such cases, is a question of quantity and
degree, and not of the intrinsic character of any single act, by itself.
This fact adds to the difficulty, not to say the impossibility, of any
one’s—except each individual for himself—drawing any accurate line,
or anything like an accurate line, between virtue and vice; that is, of
telling where virtue ends and vice begins. And this is another reason
why this whole question of virtue and vice should be left for each
person to settle for himself. Vices are usually pleasurable, at least for
the time being, and often do not disclose themselves as vices, by
their effects, until they have been practiced for many years, or
perhaps for a life-time. To many, perhaps most, of those who
practice them, they do not disclose themselves as vices, at all during
life. Virtues, on the other hand, often appear so harsh and rugged,
they require the sacrifice of so much present happiness, at least,
and the results which alone prove them to be virtues, are so often
distant and obscure, in fact so absolutely invisible to the minds of
many, especially of the young, that, from the very nature of things,
there can be no universal or even general knowledge that they are
virtues. In truth, the studies of profound philosophers have been
expended—if not wholly in vain, certainly with very small results—in
efforts to draw the lines between virtues and vices.
“If then, it be so difficult, so nearly impossible, in most cases, to
determine what is and what is not, vice; and especially if it be so
difficult in nearly all cases to determine where virtue ends and where
vice begins; and if these questions, which no one can really and
truly determine for anybody but himself, are not to be left open and
free for experiment by all, each person is deprived of the highest of
all his rights as a human being; to wit: his right to inquire,
investigate, reason, try experiments, judge and ascertain for himself,
what is, to him, virtue, and what is, to him, vice; in other words,
what, on the whole, conduces to his happiness, and what, on the
whole, tends to his unhappiness. If this great right is not to be left
free and open to all, then each man’s whole right as a reasoning
human being, to liberty and the pursuit of happiness is denied him.”
“It is now obvious, for the reasons already given, that government
would be utterly impracticable, if it were to take cognizance of vices
and punish them as crimes. Every human being has his, or her,
vices. Nearly all men have a great many. And they are of all kinds:
physiological, mental, emotional, religious, social, commercial,
industrial, economical, etc. If government is to take cognizance of
any of these vices, and punish them as crimes, then, to be
consistent, it must take cognizance of all and punish all impartially.
The consequences would be, that everybody would be in prison for
his, or her, vices. There would be no one left to lock the doors upon
those within. In fact, courts enough could not be found to try the
offenders, nor prisons enough built to hold them. All human industry
in the acquisition of knowledge, and even in acquiring the means of
subsistence, would be arrested; we should be all under constant trial
or imprisonment for our vices. But even if it were possible to
imprison all the vicious, our knowledge of human nature tells us
that, as a general rule, they would be far more vicious in prison than
they ever have been out of it. A government that shall punish all
vices impartially, is so obviously an impossibility, that nobody was
ever found, or ever will be found, foolish enough to propose it. The
most that any one proposes is, that government shall punish some
one, or, at most a few, of what he esteems the grossest of them.”
“But this discrimination is an utterly absurd, illogical and
tyrannical one. What right has any body of men to say, ‘The vices of
other men we will punish, but our own vices nobody shall punish?
We will restrain other men from seeking their own happiness,
according to their own notions of it; but nobody shall restrain us
from seeking our own happiness, according to our notion of it. We
will restrain other men from acquiring any experimental knowledge
of what is conducive or necessary to their own happiness; but
nobody shall restrain us from acquiring an experimental knowledge
of what is conducive or necessary to our own happiness.’ Nobody
but knaves and blockheads ever think of any such absurd
assumptions as these. And yet, evidently, it is only upon such
assumptions that anybody can claim the right to punish the vices of
others, and at the same time claim exemption from punishment for
his own. The greatest of all crimes are the wars that are carried on
by governments to plunder, destroy and enslave mankind.”
It has been asserted that gambling is a vice. I deny that such is
the case. The proposition cannot be established, as an absolute
principle. If a man chooses to risk his money, on a game of cards, he
has a perfect right to do so, in the abstract, and no man, or any
body of men, has a right to forbid him. “It is his money, and he has
a right to do what he chooses with it. He has a legal right to put it in
a gun and shoot it away, or burn it up, or risk it on a game of
chance, or make any other disposition of it, and no man, or body of
men, has a right to interfere.” For my purpose, as a question of law,
the real question is whether a man may dispose of his own as he
chooses? If so, then he has a right to wager it on a game of cards,
or at dice; and it is absurd to treat as criminal another man who may
join in with him in gaming, as an antagonist. In other words, “If
John has at any time or in any place, the right to wager his money
on a game of chance, then it is absurd to treat as criminal the
helping John to do what he has a right to do. If one participant in a
transaction is guilty of crime, so is the other. But if one participant is
guiltless, then the other is guiltless.”
The keepers of gambling resorts are denounced, as though they
were responsible for the gambling propensity in mankind. Now,
resorts for gambling do not cause the passion. It is a tendency to
which all men are prone, more or less. “The essential fact is the
existence of this passion. There can never be any great difficulty in
obtaining the means for its gratification.” If not one way, then in
another. If at all, attack the principle, in whatever guise or by
whomsoever practiced. If some methods are denounced, then
should all methods be denounced. If those who furnish certain
“means to the end” are to be punished as criminals, then should all
persons who furnish any “means to the end.” But to punish any such
person is erroneous and very short sighted; for the primary cause of
the trouble, if such it be, is the desire for gaming. It is impossible to
prevent its gratification. As wisely attempt “to make one’s hair white
or black” by virtue of “the statute in such cases made and provided.”
Suppose the law efficacious, with what consistency does our
jurisprudence make gambling a crime? In general, at common law,
all games are lawful, unless fraud has been practiced. Each of the
parties must have a right to the money or thing played for. He must
give his free and full consent, and the play must be conducted fairly.
The mutual promises of the parties to the wager are held a sufficient
consideration. A large number of such actions have been sustained
by the courts of England and the United States.
For example, it was held that a wager of fifty guineas by one of
the litigants that an appeal from a decree of Chancery would be
reversed by the House of Lords, was not, of itself, void, there being
no charge of fraud. So, wagers as to the time when a railroad would
be completed; or, as to the name of a person whom one of the
parties had seen; or, as to the age of one of the parties; or, upon the
price of an article of commerce; or, as to who would die first, of two
persons not privy to the wager; or, as to whether A. would hit a
target; or, upon foot or horse races; were held valid. Indeed, the
tendency of the courts to discourage wagers of every nature is
relatively of recent date. In many of the United States, the doctrine
has been abrogated by statute. Texas, Delaware, California, and
some other states still adhere to the English rule.
Some of the judgments in England were rendered by the
greatest of judicial minds: Lord Mansfield, Lord Holt, Lord Hardwicke
and Lord Kenyon. In the language of Lord Holt: “When considered in
itself, there is nothing in a wager, contrary to natural equity, and the
contract will be considered as a reciprocal gift, which the parties
make of the thing played for, under certain conditions.” Lord
Mansfield laid it down, that wagers are actionable: “and that the
restraints imposed on certain species, by acts of parliament, are
exceptions to the general rule, and prove it.” And Lord Kenyon
declared in Good vs. Elliott: “Being bound by former decisions, not
having the power to alter the law, not finding any one case against
the legality of wagers in general, and finding cases without number,
wherein wagers have been held to be good, and that the payment of
them may be enforced, I adjudge the wager in the present case
good at common law.” It was a wager that A. had purchased a
certain wagon of B.
The source of our jurisprudence is the common law of England.
Gambling was not a crime under this system, and here it would
enforce the contract of wager. I therefore denounce as incongruous
and irrational a statute which seeks to punish the wagerer as a
criminal.
Crime, at common law is something essential, so, in its very
nature; grounded in the Mosaic decalogue and the reason of things:
murder, mayhem, adultery, robbery, theft, arson. The wager is akin
to none of these, nor does it come within their spirit. The common
law branded as a criminal him only whom God had thus branded.
The wagerer was not of the number.
In a word, is gambling malum in se? In answer, the common
conviction of men has never so regarded it. The common law has
ever recognized a boundary line which separates the mala in se from
the mala prohibita. In law, a thing is malum in se when absolutely
evil in itself; “not, indeed, in a philosophical sense,” says the eminent
lawyer, James C. Carter, “but absolutely, according to the universal
conviction, in the political society which so views it; and mala
prohibita are those things, otherwise innocent or indifferent, which
the legislative power, having control over the subject, may declare to
be offenses.” Although not malum in se, gambling may be malum
prohibitum. If the latter, then it becomes merely a question of public
policy whether or not the state shall license gambling, subject to
such conditions as the police power might impose. At any rate, to
the extent that government is a moral entity, it cannot rightfully
punish gambling as being bad in itself.
“The King is Dead—Long Live the
King.”
CHAPTER V.
“The King is Dead—Long Live the King.”
E XPRESSIVE was the coronation ceremony in the ancient

Dukedom of Carinthia. The ducal candidate, in a peasant’s
garb, and with head proudly erect, walked towards the
marble throne of his ancestors. But upon it was already seated a
peasant, attended by the black bull and the lean horse—those sad
and severe symbols of his class. Then was commenced between
them this rude dialogue:
Peasant:—“Who so proudly dares enter here? Is he a just judge?

Has he the good of the country at heart?”
Duke:—“He is and he will.”
Peasant:—“I demand by what right he will force me to quit this
place?”
Duke:—“He will buy it of you for sixty pennies, and the horse
and the bull shall be yours.”
Nowhere, in the past, was the sovereignty of the people more
haughtily declared, than in this formality of the old Carinthians. “It
bears the seal of remote antiquity—of an Homeric or Biblical
simplicity.” That the people were the only true source of power, was
admitted even in the archaic periods of history. Of olden time, there
were many forms of popular government. Aristotle made a study of
their institutions. Greece had her democracies and Italy a great
republic. In Asia, then, as now, the assertion of political power was
the sole foundation for its maintenance.
With the development of Christianity, in Europe, was inculcated
the theoretic idea. Kings were anointed and they ruled by “divine
right.” In the language of Mr. Tiedeman: “The king, who in theory
obtained his authority from God, acknowledged no natural rights in
the individual. Individual activity, for its room, depended upon the
monarch’s will.” In time, however, came the Reformation and political
revolutions in England, France, the Netherlands, Spain and Italy. To-
day, the “divine right” of kings is generally repudiated. It has been
displaced by the ancient principle that all power is derived from the
people. “The people were once subjects of the king. The
government is now subject to the people.” “The king is dead,” but
his functions yet live in “the state,” or the people.
While many ancient statesmen and publicists recognized the
proper origin of power in government, their opinions as to its nature
and extent were neither clear nor sound. Wherever lodged, in their
judgment, power was limitless and irresponsible. Whether exercised
by king or emperor, by an aristocracy or the people, it was absolute.
Politically, in other words, the individual was annihilated by the state.
Government did not permit the existence of any personal right that it
“was bound to respect.” This is also true of later times, in continental
Europe. True, the “divine right” of kings was repudiated, but not the
doctrine of absolutism. “Vox Populi, Vox Dei,” became the general
answer to all complaints of the individual against the encroachments
of popular government upon his rights and liberty. In the name of
the people, atrocious crimes were perpetrated by revolutionary
governments.
In its proper sense, individual liberty is a development of the
Anglo-Saxon institutions. This doctrine is fundamental to the English
Constitution. The principle is cardinal and vital in the American
system of government. Individual rights are protected by
constitutional restrictions upon power, federal and state. In the
United States, every individual is a king. This accords with the so-
called laissez-faire doctrine, of modern development in England and
the United States, which confines the sphere of government within
the narrowest limits, and denies to it the power to do more than
provide for public order and personal security, by the prevention and
punishment of crimes and trespasses. Under the influence of this
wholesome principle, with us and in Great Britain, for one hundred
years, the encroachments of government upon the rights and
liberties of the individual have been comparatively few.
In other words, it has been generally admitted by the wisest and
broadest statesmanship, that private rights and personal liberty do
not exist by the permission of municipal law. They are natural and
founded upon the law of reason; that, therefore, governmental
restraint should “only go to the limit necessary to a uniform and
reasonable conservation of private rights.” Municipal law protects
and develops, rather than creates private rights and personal liberty.
In the United States this “limit” has been generally fixed at the
power to enforce the common and civil law maxim, “sic utere tuo, ut
alieum non lædas.” The “police power,” it is called, and extends, in
its broadest sense, to the preservation of peace and good order to
the protection of property rights, “and of the lives, limbs, health and
comfort of all persons.” Any law which goes beyond this, in the
United States, at least, and undertakes to abolish rights, the exercise
of which do not infringe upon the rights of others; or limits the
exercise of rights beyond what is necessary for the public welfare
and general security, is not properly within the police power.
The police power, then, is properly concerned only with crimes
and trespasses. It cannot rightfully invade the realm of ethics, as
such. Crime is theoretically a direct injury to the public, and
trespass, a direct injury to the individual. A vice, on the contrary, is
the inordinate gratification of one’s desires and passions. The
primary damage is to one’s self. In contemplating the nature of a
vice, we are not conscious of a trespass on the rights of others. Vice
does not fall within the police power. Expressed in the language of
Mr. Tiedeman, “the object of police power, is the prevention of crime
—the protection of rights against the assaults of others. The police
power of the government cannot properly be brought into operation
for the purpose of exacting obedience to the rules of morality, and
banishing vice and sin from the world. The moral laws can exact
obedience only in foro conscientiæ. The municipal law has only to do
with trespasses. It cannot be called into play in order to save one
from the evil consequences of his own vices, for the violation of a
right, by the action of another, must exist or be threatened, in order
to justify the interference of law.”
The people of this country are generally convinced of this truth.
So widespread is the conviction that, where a law “does not have for
its object the prevention or punishment of a trespass upon rights, it
is impossible to obtain for it an enthusiastic and unanimous support.”
Besides, it is true of every community, when “public opinion is
aroused to an activity that will enforce a law for the prevention of
vice, the moral force alone will be ample to suppress it.” But it is
sometimes urged that an otherwise ineffectual statute may serve to
direct public opinion in the right direction. To this I reply that one
unerring truth is taught by the history of legislation: “It is the utter
futility, in a corrective sense, of a law whose enactment is not the
unavoidable resultant of the forces then in play in organized society.
Nothing so weakens the reverence for law, and diminishes its
effectiveness, as still-born statutes.”
Certain matters are generally recognized to be within the police
power of the state. For instance, the control of infectious and
contagious diseases, of the insane, of habitual drunkards,
spendthrifts, vagrants and mendicants. And finally, by forced
construction, it has been extended to the liquor traffic. The law, it is
said, may prohibit the sale of liquor to minors, lunatics, persons
intoxicated, confirmed inebriates, and other persons with certain
weaknesses of character. Courts maintain that while the liquor traffic
is subject to the police power, yet it may not be entirely forbidden as
necessarily injurious to the public in a legal sense. To quote the
Supreme Court of Indiana, in Beabe vs. State: “Where injury does
result (from the use of beverages) it is usually caused by the
shortcomings of the purchaser, without any participation in the
wrong of the seller. No business can be prohibited altogether, unless
its prosecution is necessarily and essentially injurious. It is the abuse
and not the use of beverages that is hurtful. The use of beverages is
not necessarily destructive to the community.... Fire-arms and
gunpowder are not manufactured to shoot innocent persons, but are
often so misapplied. Axes and hatchets are not made and sold to
break heads with, but are often used for that purpose. Yet who has
ever contended the manufacture and sale of these articles should be
prohibited as a nuisance. We repeat, the manufacture and sale of
liquors are not necessarily hurtful, and therefore may not be entirely
prohibited.”
So much for the “police power,” generally considered. But what
of its relation to gambling, if any? If the practice is neither a crime
nor a trespass, then it is not rightfully subject to public regulation. I
have demonstrated to the candid judgment that, of itself, gambling
is not essentially wrong. I insist that, at least, in the absence of
fraud and chicane, it is neither sinful, nor criminal. To gamble with
another is not to assault his person or property by main force. To
wager or bet upon the laws of chance, deceit aside, is not to kill,
maim, rob, or cheat your fellow man; the players freely participate in
the hope of gain or for amusement. Then wherein is the action
either felonious or tortious? Why should the police power interfere?
That it cannot properly do so, under our institutions, is conceded by
Mr. Tiedeman. He is an able and accomplished lawyer, and
recognized by the profession as an authority on the subject. But it
may be said, the effects are injurious, and for that reason the state
may forbid the practice. That gambling is “necessarily and
essentially” injurious to society, I deny. As a pastime, it is innocent,
as a principle of action it permeates the business world. If an
amusement, it may be abused to the detriment of certain
individuals, but the abuse of a thing, innocent in itself, does not
make that thing a crime. When an occupation, it is but natural that
the laws of chance should operate unevenly: to the advantage of
some and to the disadvantage of others. Uniformity of success in
affairs is impossible.
Throughout the business world, in every department of human
activity, the losers but bear a fixed proportion to the winners. Some
must fail that others may succeed. Such is the law of existence, as
society is constituted to-day. We are not now concerned with ideals.
The realities suffice for my purpose. Chance is at present the great
motive power of the world. It sustains hope, and stimulates
endeavor. Through its operation men are enriched and nations
aggrandized. That some meet with disaster and encounter
misfortune does not prove that appeals to chance are criminal in
their nature, nor that such appeals are “necessarily and essentially”
injurious to the state. Consistently, therefore, gambling cannot be
forbidden because in its pursuit some persons are fool-hardy and
others unfortunate.
I may be asked, “What do you suggest?” I would license
gambling, and place it under such restrictions as would tend to
lessen its abuse. I am willing, for practical purposes, to concede this
much to the police power. If this policy may be claimed for the liquor
traffic, why not for gambling also? Is gambling more injurious than
intemperance? No, the victims of alcohol outnumber the unfortunate
gamblers a thousand to one. The habitual use of intoxicants is
necessarily and uniformly injurious to the individual. This is not true
of gambling, as a pastime. The player may win. Some of the players
must win. Whatever can be said against the prohibition of the liquor
traffic, applies with greater force to gambling. If there are reasons
why the sale of intoxicants may be licensed, by the state and
municipal authorities, such reasons serve but to demand a like
privilege for gambling. Briefly, the rule laid down by the Indiana
Supreme Court as to the liquor traffic, in Beabe vs. State, is clearly
applicable to games of chance as a business. This is obvious from
the whole tenor of my discussion. If the state is not willing to take
this step, then leave the matter to “local option.” Leave it to the
municipal authorities, whether gambling is to be permitted or not, in
a given locality. Let it be a question of policy and toleration, if you
will. Regulations may be imposed, as with the saloon. Recognize the
existence of gambling as a fixed fact, but interpose a surveillance for
the prevention of fraud. As with the saloon, also, provide for the
protection of those weaklings who are ever wards of the law:
“minors, drunkards, lunatics and spendthrifts.” This policy now
obtains generally on the continent of Europe, and to a certain extent
in several of the United States: notably, Arkansas, Texas and
California.
“What! would you have gambling public?” Yes, rather than
private; and that is the alternative presented to the wise. The
experience of California, in this matter, is that of every state in the
Union, and all may profit by her example. In the words of Judge
Murray of that state: “The Legislature, finding a thirst for play
universally prevalent throughout the state, and despairing of
suppressing it entirely, attempted to control it in certain bounds, by
imposing restrictions and burdens on this kind of business. The
license operated as a permission, and removed, or did away with the
misdemeanor as it existed.” The issue for practical men is: Shall
gambling be in sight and subject to control, or shall it be out of sight
and beyond control. The “situs” of public gambling is known to the
authorities, and thus may its conduct be supervised and regulated:
its every operation may be hourly inspected by the police, to the
exclusion of those whom the law may with propriety protect from
their own acts, and the prevention of cheating by dishonorable
methods and devices. If gambling is public, in brief, its abuses can
be reduced to a minimum. When repressed at known points,
gambling is not thereby discontinued. It is thus distributed over a
wider field, there, secretly to thrive in its worst features. Then it is
that fraud and theft are triumphant: that “brace” gamblers “wax fat”
and their conscienceless harpies pray in secret upon the unwary and
the inexperienced. Public gambling is generally fair and honest.
Secret gambling is too often but another name for a robbery that
cannot be prevented by either police or magistrates. Again, the
number of employees are few, comparatively, in the public gambling
club, and it is without other allurements than naked chance may
offer. Not so the private institution, the patrons of which may freely
partake of most seductive viands and expensive liquors; rents are
also higher, and more employees are required. The private club is
costly in the extreme: an extravagant scale is necessary to its very
existence. This is a severe test to the scruples of a proprietor. In
some way he must meet expenses and insure a livelihood. For an
honest gambler the maintenance of a private club is seldom
possible.
“But public gambling would be a temptation to the poor man.
You admit that poor men should not gamble?” I answer, who is the
“poor” man? When you have found him, who is his keeper? Are you
the custodian of his judgment and inclinations? I am of opinion he
would repudiate your guardianship with indignation. “Consistency
thou art,” indeed, “a jewel.” The rich and well-to-do may gamble,
perhaps, but not the man of small resources. I ask, who has the
right, for that reason, to say the latter nay? Not you, rich gambler in
stocks and farm products; nor you, sir, who nightly gamble in the
parlor of a comfortable home, or at the private club you assist in
maintaining for that purpose. By what authority were you
constituted the keeper of a less fortunate neighbor? All this aside,
however, the suppression of public gambling will not deter any man
from the pursuit, whether “rich” or “poor.” A thousand avenues are
opened to him, despite the law and the authorities. In this matter,
society must trust to the education of individual character and the
gradual amelioration of mankind. Besides, if gambling were subject
to regulation, as other pursuits, our laws could the better protect
whomsoever it might desire.
Transcriber’s Notes
Punctuation, hyphenation, and spelling were made
consistent when a predominant preference was found in
the original book; otherwise they were not changed.
Simple typographical errors were corrected.
Unbalanced quotation marks were remedied when
the change was obvious or the quotation was found in
other sources. The others remain unbalanced.
The illustration on the Title page is a decorative
floral; the other illustrations are decorative headpieces.
Page 109: “the band of fate” was printed that way.
Page 187: Opening quotation mark has no matching
closing mark.
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3 Equipment Productivity Tom Iseley and Sanjiv Gokhale

4 Design and Construction of Concrete Formwork Arch Alexander

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6 Construction Automation Jeffrey S. Russell and Sung-Keun Kim

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8 Water and Wastewater Planning Robert M. Sykes and E.E. Whitlatch

9 Physical Water and Wastewater Treatment Processes Robert M. Sykes

10 Chemical Water and Wastewater Treatment Processes Robert M. Sykes,

11 Biological WastewaterTreatment Processes Robert M. Sykes

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13 Incinerators Leo Weitzman

14 Solid Waste/Landfills Vasiliki Keramida

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15 Soil Relationships and Classification Thomas F. Wolff

16 Accounting for Variability (Reliability) Milton E. Harr

17 Strength and Deformation Dana N. Humphrey

18 Groundwater and Seepage Milton E. Harr

19 Consolidation and Settlement Analysis Patrick J. Fox

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