to second question that the Board deems the cars at 50,000 tons has reached the limit of capacity, and that greater capacity would involve a reconstruction of road beds in this country. The Board does not deem that the increase of road has been detrimental to property or has resulted in loss of life. Letter of Schuyler Green, relative to encroachments of a railroad. Ordered, that Secretary write, that if he will make a specifle complaint, detailing in what manner he is injured by the railroad company, and what company, the Board will give it attention. Petition as to Watervliet road. Ordered usual course. Letter of John E. Burrill, suggesting a slight change in the form of the certificate granted in the Ulster and Delaware case. Ordered agreed to. Commissioner Baker submitted a report in the matter of the complaint of J. Hoose After amendment, adopted and ordered issued. Preliminary application of the Third Avenue Railroad Company for permission to change its motivo power. Ordered, that a public hearing on the same be set down for Tuesday, July 23, at 10 A. M., Chamber of Commerce rooms. Board adjourned to meet in Chamber of Commerce rooms, New York city, at 10 a. M. July 23, 1889. WILLIAM C. HUDSON, Secretary. JULY 23, 1889. The Board met at the rooms of the Chamber of Commerce, New York city, pursuant to adjournment. All present. The minutes of the last meeting were read and approved. Mr. E. Lauterbach, D. J. Dean, assistant corporation counsel, Lawson J. Fuller, F. B. Thurber, C. S. Smith and others were heard in the matter of the application of the Third Avenue Railroad Company for permission to change its motive power. The Secretary submitted the unfinished business, under the rule, as follows: Application of the Troy and Lansingburgh Railroad Company to change its motive power. Ordered, that the Secretary answer that the Board is now engaged upon the hearing and consideration of the first application under the new law, and will set down a hearing for this application early in September. Complaint of John L. McMahon. Ordered usual course. Letter of E. D. Grant, relative to the arrival of late trains at the Albany depot. Ordered, that the Secretary write that the Board has the matter under consideration, and that a copy of correspondence be sent him. Letter of Box, Norton and Bushnell, relative to application of East Side Railroad Company of Buffalo, for an increase of capital stock. Ordered, that report submitted, copy of which is on flle, be adopted and issued. Letter of John M. Rae, relative to the closing up of culverts at Elmira, by the New York, Lake Erie and Western Railroad Company. Ordered usual course. Letter of John E. Burrill, relative to certificate granted Ulster and Delaware Railroad Company. Ordered, that Secretary write that the Board thinks that the previous certificates granted should be returned. Letter of F. A. Schroder, relative to piling of the Seaview railroad. Ordered placed on ille. Application of the Rochester and Honeoye Valley Railroad Company, for increase of capital stock. Referred to Commissioner Rogers, and that Secretary be ordered to inform Senator McNaughton that the Board has been since meeting in New York city. The Board adjourned to Thursday, August 1, 1889. WILLIAM C. HUDSON, Secretary. AUGUST 1, 1889. The Board met pursuant to adjournment. All present. The minutes of the last meeting were read and approved. The Secretary submitted the unfinished business, under the rule, as follows: Letter of J. M. Toucey, relative to recommendation of Board in matter of Herkimer station. Referred to Commissioner Rickard. Application for designation of papers to advertise meetings of stockholders to vote upon the proposition to increase the capital stock of the Crosstown Railroad Company and the South Park Railroad Company of Rochester. Papers designated. Letter of C. Hagadorn, of Nunda. Ordered that Western New York and Pennsylvania Railroad Company be written to reply to letter of Board as to operation of Nunda branch. Letter of Delaware and Hudson Canal Company, acknowledging receipt of complaint of J. L. McMahon. Ordered filed. Complaint of J. H. Rushton, relative to rates of freight on the Rome, Watertown and Ogdensburgh railroad. Ordered usual course. Answer of the Watervliet Turnpike and Railroad Company received. Ordered, that a copy be sent complainants, and the president be written to for specific citations of statutes and charter referred to by him. Complaint of J. B. Peek against the Mamaroneck station on the New York, New Haven and Hartford railroad. Ordered usual course and company informed that Board has had verbal complaints. Ordered, that letter to Hon. Hamilton Harris as to Greenbush bridge as dictated, copy of which is on file, be sent. Ordered, that the hearing in the application of the Troy and Lansingburgh road to change motive power be set down for September 10, 1889, and advertising begun September 1st. Reply of New York, Lake Erie and Western Railroad Company and further letter from Mr. Rae to his complaint as to damming up culverts at Elmira. Ordered, matter referred to Commissioner Rickard and that the Secretary write Mr. Rae that one of the Commissioners will personally inspect and will inform him of the date of his visit. Lotter of H. W. Bell, relative to Greenbush bridge matter. Ordered, that Secretary write that before receipt of Chairman Bell s letter, the Board had written to counsel of road the matter, a copy of which is enclosed, thus debarring the Board from taking the action suggested until after the first week in September. Commissioner Rogers submitted a report in the application of the Rochester and Honeoye Valley Railroad Company granting the same." Ordered adopted and issued. The Board adjourned until September 10th, 1889. WILLIAM C. HUDSON, Secretary. SEPTEMBER 10, 1889. The Board met pursuant to adjournment. All present. Judge Fursman, for the Troy and Lansingburgh Railroad Company, was heard in its application for a change of motive power within the town of Watervliet. Mr. Griffin, of Troy, gave notice that he would appear in opposition to the application for a change of motive power on the same road within the limits of city of Troy and the village of Lansingburgh. Jno. D. Kernan, Mr. DeAngelis and Mr. Watson were heard with reference to the application of the Utica Belt Line Railroad Company to change its motive power. Mr. Mitchel, from the New York, Lake Erie and Western Railroad Company, was heard on the application of the company for approval of the ranges proposed to be used on official and dining-room cars. The Secretary submitted the business before the Board, under the rule, as follows: Application of the Troy and Lansingburgh Railroad Company for leave to change its motive power on its routes where application has not already been made, except within the city of Troy. Ordered, that the twenty-fourth day of September, 10 A. M., be set down for hearing, and the same be advertised. Also, application of the Utica Eelt Line Railroad Company to change its motive power. Ordered, that the seventeenth day of September be set down for hearing, and that the same be advertised. Applications of the Crosstown and South Park Railroad Companies for an increase of capital stock. Ordered, that letter of John N. Beckly, as dictated, be sent. Also the correspondence relative to the complaint of J. B. Peck against the New York, New Haven and Hartford Railroad Company. Ordered held on file until the report of the inspector is received. Letter of I. H. Maynard, relative to commission on Revised Statutes. Referred to the chairman. Letter of Hon. Charles F. Tabor, Attorney-General, relative to the complaint of citizens of Belmont against the New York, Lake Erie and Western Railroad Company. Ordered, that copy of letter be sent to Hon. Ham. Ward, counsel. Letter of Hon. D McNaughton, relative to the granting of sanction to the Rochester and Honeoye Valley Railroad Company to increase ts apital stock. Ordered filed. Letter of T. L. McKean, relative to automatic coupler. Ordered, Secretary write that an automatic coupler need not necessarily bo a vertical one. Letter of C. H. Allen, president of the Western New York and Pennsylvania Railroad. Company, enclosing letter from John W. Hancock, general solicitor, relative to the failure to operate the Nunda branch. Ordered, that the letter dictated, copy of which is on file, be sent. Letter of J. H. Rushton. relative to his complaint against the Rome, Watertown and Ogdensburgh Railroad Company. Case ordered closed. Letter of Wm. L. Thompson, asking when the Board will hold public session n New York when he can show it his compressed air motor. Ordered. that Secretary write that the Board could not state when; that its regular meetings were held every Tuesday at Albany. It would be glad to listen to Mr. Thompson, at any time it suits his convenience, in Albany. Letter of W. B. Van Rensselaer, as president of the Watervliet Turnpike and Railroad Company. Ordered kept on file. Letter of Jesse Booth, relative to Campbell Hall crossing. Ordered, that Secretary write asking why the recommendation of the Board had not been conformed to and make answer by September 16th. Letter of William Abbott, relative to cattle-guards on the New York, New Haven and Hartfor railroad (Harlem branch). Ordered, that letter as dictated, copy of which is on file, be sent. Letter of Mr. Adams, statistician of the Interstate Commerce Commission, relative to statistical information. Referred to Commissioner Rogers. Complaint of Wm. Savage Burns against the Wagner Palace Car Company. Ordered usual course. Letter of J. H. Van Duzen against the New York, Lake Erie and Western Railroad Company, as to cattle-guards. Ordered usual course. Letter of J. Oppenheimer, as to passenger rates on the Long Island railroad. Usual course. Letter of trustees of the village of Norwich against the Delaware, Lackawanna and Western Railroad Company. Ordered usual course, Letter of Messrs. Stebbins and Utter, against the New York, Lake Erie and Western Railroad Company, relative to cattle-guards. Usual course. Letter of Messrs. Goldsmith and Utter, against the Long Island Railroad Company. Usual course. Commissioner Rogers submitted a report on the matter of the application of the Third Avenue Railroad Company to change its motive power. Ordered laid on the table. Matter of the Herkimer station laid over for the present. The Board adjourned until Monday, September 16, 1889, 2.30 P. M. WILLIAM C. HUDSON, Secretary, SEPTEMBER 16, 1889. The Board met at 2.30 P. M., agreeably to adjournment. All present. The minutes were read and approved. Mr. E. Lauterbach, Superintendent Robinson and Mr. Shifler, from the Third Avenue Railroad Company, of New York city, were heard in reference to the accident occurring on One Hundred and Twenty-fifth street. The hearing in the matter of the Kenwood accident on the Delaware and Hudson railroad was postponed until Monday, twenty-third, at 4 P. M. upon the request of C. D. Hammond, superintendent. The Secretary submitted the unfinished business, under the rule, as follows: Letter of Troy and Lansingburgh Railroad Company. Ordered, that the Secretary write that Board would be happy to accept the invitation at some future date, Letter of J. M. Joslyn, of Mount Morris, relative to obstruction of wagon roads by railoa d trains at grade crossings. Ordered filed. Letter of John J. Boyle, vice-president of the Utica Belt Line Railroad Company, asking for designation papers in matter of application for increase of stock and issue of bonds. Granted. Letter of John N. Becklay relative to affidavits of President Mumford and Wm. C. Gray, engineer of South Park and Crosstown Railroad Companies of Rochester. Ordered that letters as dictated, copies of which are on file, be sent. Letter of Thomas F. Grady, being a complaint of excessive and illegal rates of fare against the New York, New Haven and Hartford Railroad Company. Ordered usual course. Commissioner Rogers submitted a report in the matter of the complaint of residents of Bath and Greenbush against the New York Central and Boston and Albany Railroad Companies. Adopted and ordered issued. Commissioner Rickard submitted a report in the matter of James M. Rae against the New York, Lake Erie and Western Railroad Company. Ordered filled. The Board took a recess until Tuesday morning, September 17th, at 9.30 A. M. SEPTEMBER 17-10 A. M. Messrs. J. D. Kernan and John F. Boyle in favor of, and A. C. DeAngelis in opposition, were heard in the application of the Utica Belt Line railroad for a change of motive power. Ordered, that letter as dictated, copy of which is on file, relative to obstruction of grade crossings, be sent to J. M. Joslyn. Board adjourned until September 23d, at 1.30 P. M. WILLIAM C. HUDSON, Secretary. SEPTEMBER 23, 1889. The Board met pursuant to adjournment. All present. The minutes of the last meeting were read and approved. Mr. Lain appeared for Mr. E. Lauterbach in the matter of the application of the Third Avenue Railroad Company to change its motive power. The Secretary submitted the business, under the rule, as follows: Letter of Messrs. Greene and Marcy relative to a presumed application of the Buffalo Street Railway Company Ordered, that Secretary say that notiileation will be given if any application is made. Application of the Rockaway Village Railroad Company to suspend operations during the winter months. Ordered granted until May 15, 1890. Letter of C. H. Allen, president of the Western New York and Pennsylvania Railroad Company, in matter of non-operation of Nunda branch. Ordered that letter as dictated, copy of which is on file, be sent. Letter of Charles P. Clarke, relative to the complaint of William Abbott. Ordered, that a copy of Mr. Clarke's letter be sent to Mr. Abbott and that Secretary write to Mr. Clarke, that it seems to the Board that while a flagman would protect the tracks during the hours he was there the danger would be during the hours when such flagman was not on duty, therefore, the Board deems that the laying of a slat cattle-guard would be only necessary; to this an answer would be desirable. Letter of Charles P. Clarke, president of the New York, New Haven and Hartford Railroad Company, in answer to complaint of Senator Grady. Ordered, that a hearing be set down for Friday, September twenty-seventh, at 10 A. M., at Chamber of Commerce and that Senator Grady be notified, and letter as dictated, copy of which is on file, be sent to Mr. Clarke. Letter of Charles Parsons, Jr., vice-president of the Rome, Watertown and Ogdensburgh Railroad Company, asking extension of time to October 10th in which to answer complaint of citizens of Ontario. Ordered granted. Letter of W. Hagan, secretary of the Troy and Lansingburgh Railroad Company. relative to postponement of hearing. Ordered filed. Letter of J. Burton, general manager of the New York, Ontario and Western Railroad Company relative to gates at Campbell Hall. Ordered copy sent complainant. Letter of John W. Church, for complainants, in matter of Norwich village against the Delaware, Lackawanna and Western Railroad Company, asking extension of time to thirty days in which defendants shall answer letter of Samuel Sloan, informing Board of the adoption of measures calculated to cure evils complained of. Ordered extension of time granted. Letter of E. S. Bowen, general manager Rome, Watertown and Ogdensburgh railroad, relative to Forest Lawn accident. Ordered filed. Letter of J. R. Maxwell, vice-president of the Long Island Railroad Company, being answer to complaint of J. Oppenheim. Ordered, that Secretary ask what are the distances involved and the changes proposed. Also, letter of Mr. Maxwell, being answer to complaint of Goldsmith & Tuthill. Ordered usual course. Letter of J. M. Rae, of Elmira, relative to stoppage of watercourses by the New York, Lake Erie and Western Railroad Company. Ordered, that Secretary write that the Board deems further investigation necessary and the Board will notify him when it deems such investigation practical. The Board heard Superintendent Hammond, Conductor Ackett and Engineer Perkins in matter of Kenwood accident, August 1. The Board adjourned until September 24th, 9.30 A. M. SEPTEMBER 24-9.30 A. M. The Board heard Mr. Briggs in matter of application of the South Park and Crosstown Railroad Company of Rochester, for increase of capital stock. Board heard Mr. Fitch, city attorney of Cohoes, M. Cleminshaw and others in matter of application of Troy and Lansingburgh Railroad Company to change its motive power. Board also heard Mr. DeAngelis and Hon. John D. Kernan in matter of application of Utica Belt Line Railroad Company for sanction to change its motive power. Commissioner Rogers submitted a report in the matter of the accident occurring August 1st, at Kenwood, on the Delaware and Hudson Canal Company's line. Adopted and ordered issued. Board adjourned until Wednesday, September 25th. SEPTEMBER 25. After general examination of the electric system in operation in Troy, Board met. Commissioner Rogers submitted reports in the matter of the application of the Crosstown and South Park Railroad Company for increase of capital stock. Adopted as granted, and ordered issued. Board adjourned to September 30, at 1.30 P. M. WILLIAM C. HUDSON, Secretary. SEPTEMBER 27, 1889. The Board met in New York city, at rooms of the Chamber of Commerce. Senator Grady appeared in reference to his complaint against the New York, New Haven and Hartford Railroad Company, relative to the rate of fare charged to the Morris Park race-course, and asked for an indefinite adjournment of the case. Mr. Henry M. Tafft, appeared for the company. An adjournment of the case was had pending the receipt of further communication from Senator Grady. Edward Lauterbach, representing the Third Avenue Railroad Company, General James M. Varnum, representing the Second Avenue Railroad Company, appeared in reference to the cable construction on their joint piece of track, and after conference submitted to the Board conditions to be inserted in the permission to the Third Avenue road satisfactory to and protecting their mutual interests. Commissioner Rogers called up the report in the matter of the applications of the Third Avenue railroad. Ordered adopted and issued. Commissioner Rogers submitted a report in the matter of the Utica Belt Line railroad for change of motive power. Adopted and ordered issued. Adjourned until Monday, September 30, at 1.30 P. M. WILLIAM C. HUDSON, Secretary SEPTEMBER 30, 1889. The Board met pursuant to adjournment. All present. The Board, in the matter of the application of the Troy and Lansingburgh Railroad Company, heard Counselors Niver for the road, Patterson & Shaw for the telephone company, Messrs. Sprague, Hayes, Cleminshaw, etc. Hearing adjourned to October 8th, 10 A. M. The Secretary submitted the unfinished business, under the rule, as follows: Letter of C. P. Clarke, president of the New York, New Haven and Hartford Railroad Company, relative to the cattle-guard at Van Nest station. Ordered filed. Letter of E. F. Drayton, president of the Coney Island and Brooklyn Railroad Company, inquiring relative to form of applying for leave to change its motive power. Ordered, that Secretary write that a written application for leave to change the motive power, in accordance with the provisions of chapter 531 Laws of 1889, should be sent the Board. The Board calls attention to the necessity of securing the consents of the abutting property owners as required by section 12, chapter 252, Laws of 1884, of which chapter 531, Laws of 1889, is amendatory. The Board will also require a distinct definition of the company's route. Letter of W. F. Rowe relative to duties of baggagemen. Ordered, Secretary write that the Board is not prepared to answer questions without a full knowledge of the facts. It Mr. Rowe would present a complaint, stating the facts, the Board would transmit it to the company as is usual, and after receiving answer would determine the case in accordance with the facts. Letter of H. W. Webb, vice-president Wagner Palace Car Company, asking ten days extension of time to answer Burns' complaint. Granted. Letter of Vogel & Whelan relative to cable grips. Ordered filed. Application of Seneca Falls and Cayuga Lake Railroad Company to suspend operations during winter months. Ordered hearing be set down for Tuesday, October 8, at 3 P. M., and the same be advertised. Letter of Samuel Sloan, president Delaware, Lackawanna and Western Railroad Company, relative to complaint of citizens of Norwich. Ordered filled. Letter of F. C. Peck, accompanying a petition from citizens of Nunda. Ordered, Secretary write the Board has already written to the Western New York and Pennsylvania Railroad Company to the effect that if branch was not operated, the Board would present matter to Attorney-General; that the Western New York and Pennsylvania Railroad Company had replied that it had no final report from Lackawanna and Pittsburg Company, yielding up all claim to the lease. Whereupon the Board, reciting the points of the correspondence to the Lackawanna and Southwestern road, had recommended such action to the latter company. Ordered, that a hearing in the matter of J. M. Rae, against the New York, Lake Erie and Western Railroad Company, be set down for October 10th, 10 A. M., at Elmira. The Board heard Assistant Superintendent Jones and Engineer Tiffany, Rome, Watertown and Ogdensburgh road, in the matter of the accident at Forest Lawn, on the Rome, Watertown and Ogdensburgh road, on September 30, 1889. Board adjourned until Monday, October 7th, 2 P. M. WILLIAM C. HUDSON, Secretary. EXPENSES OF THE BOARD. Traveling expenses of the Board of Railroad Commissioners for the twelve months ending September 30, 1889, as filed and audited by items in the office of the Comptroller of the State. (Limited by chapter 353. Laws of 1882, to $500 per month, in the aggregate, or $6,000 per annum.) |