surface railroad of the Lutheran Cemetery line of The Brooklyn Heights Railroad Company, except that portion occupied by the incline, which is to be so constructed as to permit of two tracks of the surface railroad to pass by the incline on the surface grade of the right of way of The Brooklyn City Rail Road Company. It is provided that the connection should not attach to or become part of the realty, and that the title to such connection should be in the Company; also that the connections and appurtenances should be removable by the Company at the expiration of the agreement after 85 years. This agreement is coterminous with the grant of the extensions and additional tracks under the certificates from the City by the Public Service Commission. The Brooklyn Heights Railroad Company Company reserves the right to operate its surface lines on the surface portion of the Lutheran cemetery extension, but the Company is granted a preferential right of way for its trains or cars over the cars of the Brooklyn Heights Company. The Company is to maintain the portion of the Lutheran Cemetery line east of the connection, but the Brooklyn Heights Company is to reimburse the Company for a portion of the cost of such maintenance, upon a car mileage basis. The Company is to pay the Brooklyn Heights Company for the use of the right of way east of the connection $25,000 per annum. The Brooklyn City Rail Road Company agreed to the execution of this contract. On the same day, February 3, 1913, the Public Service Commission for the First District approved the agreement. The rights under this agreement passed to. the New York Consolidated Railroad Company under the lease above described.

496 The New York, New England and Northern

Railroad Company
(The Bronx)

Incoporation. July 22, 1893; The Railroad Law; for purpose of constructing a standard gauge steam railroad; corporate life, 999 years; capital stock, $3,000,000; route (about 50 miles), as follows:

From a point on the East river, near the mouth of Leggetts creek, in the city and county of New. York, northerly through said city and county and through the counties of Westchester and Putnam, to a point on the New York & New England Railroad near Brewsters.

Map. July 25, 1893, the Company filed, in the office of the county clerk of New York County, a map of its route from St. John's avenue to the Bronx river.

Construction. No record of any construction. The Company has probably forfeited its corporate existence.

497 The New York, New Haven & Hartford Railroad Company (Manhattan and The Bronx)

Incorporation. August 6, 1872, as a consolidation of The Hartford and New Haven Railroad Company and The New York and New Haven Railroad Company (no. 430). The consolidation. was effected by special act of the legislature of the state of Connecticut (Connecticut Public Acts, 1871, chapter 129). The consolidation of the two companies was also approved by the legislature of Massachusetts on April 5, 1872 (Massachusetts Acts and Resolves, 1872, chapter 171) and by the legislature of Rhode Island on May 17, 1893 (Rhode Island Acts and Resolutions, January session, 1893, page 397).

Legislative franchises. By chapter 195, laws of 1846, The New York and New Haven Railroad Company was authorized to continue and extend its railroad from the dividing line of the states of New York and Connecticut by such routes as shall be established by said Company through the county of Westchester to the New-York and Harlaem Rail-Road Company's line of roaď in said county and to unite and connect with said New-York and Harlaem Railroad at or near Williamsbridge in said county of Westchester; and to take, transport and convey persons and property upon the same by the power and force of steam or animals, or any mechanical power or combination of the same. The route was to be located by three commissioners who were to be appointed by the governor and who were to have no interest in the company or in the location of the route.

By chapter 143, laws of 1848, this Company was authorized "to enter upon and run their cars and engines for passengers, freights, mails, expresses and other business over the road of the New-York and Harlaem Rail-Road Company from the point of junction of the roads of said companies at or near Williamsbridge, in the county of Westchester, to the city of New York, and as far

The

into the said city as the said Harlem Railroad may extend." companies were required to execute an agreement for the purpose of such joint use of the road and file the same in the office of the secretary of state. Steam power or any mechanical power or combination was authorized to be used on the extension in the city of New York.

Maps. January 8, 1879, this Company filed in the office of the register of Westchester County,

A map and profile of the main line of its route from Harlem Junction to the Connecticut state line, dated April 15, 1876, and on April 27, 1907, a map of lands to be used by the Company at Van Nest.

Stock. In 1902, the Company and the Pennsylvania Railroad Company each acquired a one-half interest in The New York Connecting Rail Road and the construction and proposed operation of that railroad is and will be for the joint benefit of these two companies.

Intercorporate relations. (See also chart VI, no. 3.) March 17, 1848, The New York and New Haven Railroad Company, the predecessor of this Company and the New-York and Harlaem Rail-Road Company executed the agreement required by chapter 143, laws of 1848. This agreement superseded an agreement previously executed on January 22, 1846. It provided that this Company should construct and finish its road from its junction with that of the New-York and Harlaem Rail-Road Company at or near Williamsbridge to the Byram river. After the completion of that portion of the road, this Company was to have the right "to run their trains, engines and cars for the transportation of passengers, mails, expresses, freight, etc., over the track or tracks of the road of the New-York and Harlaem Rail-Road Company from the point of junction aforesaid to and into the city of New York, and as far over the same in the said city as the said Company's road shall extend." Several points of disagreement arose Between The New York and New Haven Railroad Company and the New-York and Harlaem Rail-Road Company as to the payments to be made for the use of tracks, and these differences were referred to arbitrators, who disposed of same by an award made in 1856. In 1861 another award was made by the arbitrators to adjust the differences of these companies. The provisions of the

award of 1856 for the distribution of receipts for the transportation of freight, express matter, etc., was not materially altered by the award of 1861.

July 29, 1873, this Company entered into an agreement with The Harlem River and Port Chester Rail Road Company, one of its subsidiaries, to obtain the stock control of the latter. The agreement recites that this Company had advanced the money to enable The Harlem River and Port Chester Rail Road Company to construct its road from the village of New Rochelle to its terminus at the Harlem river. To reimburse this Company for such advances, the Port Chester Company agreed to fix its capital. stock at such amount as should be determined by the Company, and to transfer the stock not already issued to such person or persons or corporation as should be named for that purpose by this Company. It was further agreed that the Port Chester Company was to execute a lease, assignment or surrender of its its property to the Company. Pursuant to this agreement, on September 29, 1873, the Port Chester Company executed a lease for a term of 99 years, from October 1, 1873, with the privilege of renewal for a further term of 99 years. This lease provided that the Port Chester Company should transfer to the Company or to such person as the latter should name all such issue of stock and bonds as the latter should require. This Company agreed to keep in good and thorough repair the road of the Port Chester Company and to reimburse the latter for all damages, losses and costs suffered by it by reason of accidents, defaults, negligence, or wilful defaults or omissions of the New Haven Company.

November 1, 1872, this Company entered into a tripartite agreement with the New-York and Harlaem Rail-Road Company and The New York Central and Hudson River Rail Road Company to secure space for storing its cars in the depot of the last named Company. This Company obtained, moreover, rights for the use of rooms in the depot building and vaults for the storage of baggage, etc. The room spaces, vaults, etc., allotted to the Company are described in detail in the agreement. By the same agreement The New York Central and Hudson River Rail Road Company was given similar rights to the tracks, halls, rooms, vaults, etc., in the depot of the New-York and Harlaem Rail-Road Company.

December 31, 1885, this Company entered into a supplemental agreement with The New York Central and Hudson River Rail Road Company, lessee of the New-York and Harlaem Rail-Road Company for the joint use of the Grand Central depot at 42d street and Fourth avenue, which was then being enlarged. July 14, 1897, The New York Central and Hudson River Rail Road Company, the New York and Harlaem Rail-Road Company's lessor, and the Company entered into a second agreement supplemental to the tripartite lease of November 1, 1872, for the purpose of constructing three additional stories to the 42d street front of the Grand Central depot, and for the proper heating and lighting of the same, as well as providing them with plumbing and elevator appliances. This Company agreed to bear part of the cost of such additions and appliances. The terms are given in great detail in the supplemental agreement.

August 17, 1898, another agreement supplemental to the same tripartite lease was entered into by the same companies. This agreement is for the reallotment of rooms in the old portion of the Grand Central depot, and in the newly constructed portion of the same. March 23, 1899, a further and last supplement to the tripartite lease of November 1, 1872, was executed by the Companies, providing for one general waiting room and one baggage room for all the companies, instead of separate rooms for each company, as had theretofore been the case. This supplemental agreement also provided for common storage tracks for the cars of all the companies in the yard of The New York Central and Hudson River Rail Road Company at Mott Haven; for hauling such cars by locomotives, under a general manager of all the companies, and for other accommodations as set forth in the agree

ment.

September 14, 1896, this Company entered into an agreement with the Western Union Telegraph Company, whereby the latter was given the exclusive right to erect and maintain lines of poles and wires, and underground wires and fixtures necessary for the same, for commercial or public uses along and under the lines, lands and property controlled by this Company. A modification was entered into the same day, whereby the Telegraph Company waived all objections to the installation of