at many grade crossings of the State. There is no law at present under which any satisfactory redress can be obtained. Third. An act to prohibit street railroads hereafter laying centerbearing rails, and to compel such companies to replace the centerbearing rail now laid with a rail of better construction at the rate of twenty per centum per annum, when so required to do by the local authorities of any city or village of the State. This measure is particularly advocated by the city authorities and citizens of New York. Fourth. An act to amend chapter 218 of the Laws of 1839, known as the "Leasing Act," the amendment having for its object to require the approval of the stockholders of both the lessor and lessee roads before the lease shall become valid. The Board deems that this measure is most desirable, both in the interests of stockholders and of the public, particularly in view of the tendency toward consolidation of railroads now so prevalent throughout the country. Fifth. An act to prevent the unnecessary duplication of railroads. It provides that a corporation to build a railroad cannot come into existence until a hearing shall have been had before the Board of Railroad Commissioners and that body shall have decided that public convenience and necessity require the construction of such road. An appeal from the decision of the Board to the Supreme Court is provided for, which latter body is vested with power under the law to reverse the decision of the Board should it be against permission to build. The theory of this act is explained briefly in previous reports of the Board, as follows: "A railroad cannot be built without the State delegating to its promoters the highest power it possesses over property, the right of eminent domain - the right to take private property for public uses. The State itself never exercises this sovereign power except in cases of public necessity. Why should it thus delegate it to any thirteen men, to be exercised for mere private gain, frequently at the expense of vested rights and grave public interests." Sixth. An act for the prevention of discrimination by railroads against shippers by canal. A statement of the reasons of the Board for favoring this act will be found in the Second Annual Report, that for 1884, at pages 85, 107, 120, etc. Seventh. An act to provide a penalty for a railroad's failure to file its quarterly reports. These reports, now so much relied upon, are frequently much behind time and sometimes withheld for stock-jobbing purposes to the detriment of innocent stockholders and in the interest of unscrupulous persons. Eighth. An act to establish the responsibility of railroad corporations for damages by fire communicated from their locomotive engines. This act is a most desirable one in the interests of the public at large, and is particularly necessary for the preservation of the forests of the State in the Adirondack regions and in the more thinly populated districts of Long Island. Ninth. An act providing that railroads shall construct a low railing around the roofs of their freight cars to prevent the brakemen falling off, particularly in slippery and stormy weather. Tenth. Au act to require railroad corporations to place a Fahrenheit thermometer in all passenger cars, and to instruct those charged with maintaining the temperature to keep it as nearly as possible at the point of seventy degrees during that period of the year when the cars are heated artificially. The object of this bill has been explained heretofore and the Board deems that its passage is exceedingly desirable if not absolutely essential to promote the comfort and health of the traveling community, particularly since the introduction of steam heat from the locomotive. As hereinbefore stated, bills to carry out the above recommendations have been carefully drawn and printed by this Board, copies of which can be obtained by any member of the Legislature desiring to introduce either one or all. All of which is respectfully submitted. WM. E. ROGERS, ISAAC V. BAKER, JR., MICHAEL RICKARD, Commissioners. APPENDIX. Decisions and recommendations: Executive and legislative references. Complaints of cities, towns, etc. Applications for change of motive power. Applications for increase of capital stock. Applications for issue of bonds. Applications to suspend operations of road. Accidents. Accident inquiries. Applications for extension of time for heating passenger cars. Length of railroads, Inspections. Minutes of Board. Companies formed during 1889. Companies reorganized during 1889. Extension of routes during 1889. Change of name. Surrender of capital stock. Decrease of capital stock. Enactments of year 1889. Alphabetical list of all companies formed under laws of this State. General Railroad Act, and all acts (classified) relating to the railroads of this State. Interstate Commerce Act, |