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Commissioner Kernan submitted a report in the matter of Citizens of Nunda v. The Lackawanna and Pittsburgh Railroad Company. Ordered adopted and issued. The Board adjourued until July 20th, 10 a. M.
WILLIAM C. HUDSON,
JULY 20, 1886. Commissioner O'Donne informed the Board by telegraph that he was detained as & The Board met
to rule. Present - Commissioners Kernan and Rogers. witness in court.
The minutes of the last meeting were read and approved.
The telegraphic correspondence between the Board, Frisbie, Blanchard & Co., and The New York, Lake Erie and Western Railroad Company, relative to the transportation of coal. Ordered filed with the papers.
Letter of J. H. Catlin and petition in the matter of C. C. Overton v. Coney Island Rail. road Company. Laid over until September.
Letters of Merchants' Association of Johnstown and L. Caten, Fonda, Johnstown and Gloversville railroad, relative to printed freight tariff. Ordered, that the Secretary write Mr. Caten that the Board recommended that the company should issue printed tarifi sheets, and that it desires to know why the recommendation is not complied with.
Letter of J. M. Toucey, relative to crossing at Chili. Ordered that Secretary write and say that the one at which gates were recommended was two or three rods from east of Chili station, and the one at which gates were erected was in the town of Riga, two or three miles west of station.
Letter of John Robertson, relative to the Riga station. Ordered case closed.
Of F. S. Smith, Lackawanna and Pittsburgh Railroad Company, and of G. Clinton Gardner, relative to the Nunda complaint. Ordered copies of letters be sent to Chauncey Hagadorn with request to inform this Board, after reasonable time, whether the recommen. dations were complied with or not.
Letter of Gilbert DuBois, relative to his complaint against The New York, Ontario and Western railway, of not taking tools as baggage. Ordered filed and case closed.
Letter of Jno. B. Ker, counsel New York, Ontario and Western Railway Company, relative to Crary, Hall & Co.'s complaint. Ordered that company show cause on July 27th, why papers in the case should not be turned over to the Attorney-General.
Letter of M. J. Robertson v. Elmira, Cortland and Northern Railroad Company, as to condition of fences. Ordered, copy sent to president of company:
Letter of Rodney Churchill. Ordered that Secretary write that the curre has been staked out on the road at Saratoga, and the company furnished with a plan of the curve; that the Board is of the opinion that it would be the better course for Mr. Churchill to see Mr. Young as to whether the company will do the work or whether Mr. Churchill should do it.
Letter of Mr. Clark, general freight agent of the Boston, Iloosac Tunnel and Western Railroad Company, relative to the complaint of E. Doolittle. Ordered that the complaint and subsequent letter be sent to the Delaware and Hudson Canal Company.
Letter of J. D. Layog, relative to the complaint of Alfred Pell. Referred to Commissioner Rogers.
Letter of C. L. Whittaker, relative to complaint against The New York, Lake Erie and Western Railroad Company, for not building fences. Laid over one week.
Letter of Mr. Spider, secretary of Buffalo Produce Exchange. Referred to Commissioner Kernan.
Letter of Reuben L. Lyon, in relation to crossing in village of Bath. Ordered filed and case closed.
Letter of J. D. Layng, relative to complaint of Stephen T. Hopkins. Ordered case closed.
Letter of Chas. M. Heald, Long Island Railroad Company, relative to the complaint of Dr. Franklin, Ordered Secretary write and say that Long Island railroad is revising its tariff sheet, and that the Board presumes this closes the case.
Of G. P. Pelton, relative to Stissing station. Ordered laid over one week.
Report of H. M. Thompson, in answer to resolution. Ordered accepted and spread on the minutes.
ALBANY, July 13, 1886. To the Honorable Board of Railroad Commissioners of the State of New York:
GENTLEMEN - I am to-day in receipt of your communication of even date, enclosing an extract from the minutes of your meeting of March 30, 1886, and requesting me to be with the Board on or before the 20th inst. my answer thereto.
The extract referred to reads as follows:
“Whereas, It is reported that the accountant of this Board, Mr. H. M. Thompson, has acted as accountant for one of the parties of the New York and Sea Beach Railroad Com.
pany, outside of the work of the Board, receiving therefor a pecuniary compensation, therefore
"• Lesolved, That he report to this Board the facts in the case, and if compensation has been so received, what amount, and by what authority he so acted; and until Mr. Thompson has had sufficient time to answer, this resolution be not given to the public.'
"Commissioner Kernan moved to lay upon the table for a week.”
The preamble, it will be noticed, recites that I am reported as having acted as accountant for “one of the parties of the New York and Sea Beach Railroad Company.” This statemont is very indefinite, but I assume it refers to a matter in which I acted as accountant for the arbitrator in the case of W. 0, McDowell v. New York and Sea Beach Railroad Company for a settlement of account for services rendered. With that view, therefore, I will proceed to state the facts:
On or about October 4, 1885, I was informed that a dispute had arisen between Mr. W. 0. McDowell and the New York and Sea Beach Railroad Company (of which Company McDowell was formerly president and general manager), respecting compensation due him under his contract with the company for services, and the amount of such compensation being based upon a certain percentage of profits, it would be necessary to have an examin. ation of the books of the company in order to properly arbitrate the matter. The parties had not been able to agree upon any one to make such examination, in consequence of which the selection of an accountant had been referred to the arbitrator in the case, who was Mr. W. A. Booth, president Third National Bank, New York, and I was asked whether I would accept the appointment. I replied that I could give no definite answer until I had consulted the Board of Railroad Commissioners, which I would do at once and advise them. On Monday evening, October 5, 1885, I consulted Commissioner Kernan, and he said he saw no objection to my accepting the appointment, and to confer with the other Commis. sioners who would be present the next day at a meeting of the Board. I did so confer with Commissioner Rogers, who agreed with Commissioner Kernan. Commissioner O'Donnell was absent from the meeting, and therefore not consulted. I thereupon advised the parties that there was no objection to my accepting the appointment, and I would do the work for **00. The arbitrator then notified the contestants in the case, that he would appoint me if no objection was offered; to which both parties replied, stating their entire satisfaction with the appointment, and considered the compensation I required quite reasonable.
Under date of October 24, 1885, I received a telegram, as follows:
W. A. BOOTH. I then got the necessary instructions from Mr. Booth and made the investigation at odd times outside my duties connected with this Board, writing my report at night, and finally presented the report to the arbitrator under date of November 14, 1885, and' he paid me $54). A printed copy of said report is hereto attached for reference if required.
It is bot proper for me to remark that shortly after my report was submitted, Commissioner O'Donnell showed me a paper called " The Financier,” containing a synopsis of it.
H. M. THOMPSON.
Bill of Peter W. McLaughlin for stenographic fees, $68.75. Ordered approved. Commissioner Rogers submitted a report in the matter of Freileweh et al. v. The Kingston City Railroad Company. Laid over one week.
Commissioner Rogers submitted a report in the Matter of Citizens of Mechanicville. Adopted and ordered issued.
Commissioner Rogers submitted a report in the matter of the Conesus Salt Lake and Mining Company v. The Copesus Lake Railroad Company. Ordered adopted and issued.
Commissioner Kernan submitted a report in the matter of James Brown v. The New York,
Ordered, That the Rome, Watertown and Odgensburgh Railroad Company show cause
WILLIAM C. HUDSON,
JULY 27, 1886.
Letter of J. R. Maxwell, Elmira, Cortland and Northern Railroad Company, acknowl. edging the receipt of complaint of M. J. Robertson. Ordered filed.
Letter of W. J. Heacock and accompanying documents, relative to complaint of Streeter Bros. and Merchants' Association of Jobo'stown. Ordered copy sent to complainants. Letter of Chas. Parsons, second vice-president Rome, Watertown and Ogdensburgh Railroad Company, relative to citation in matter of Burdick. Postponed until August 31st.
Letter of H. 8. Marcy, general traffic manager Delaware and Hudson Canal Company, relative to complaint of E. Doolittle. Ordered copy sent to complainant.
Letter of J. H. Jeffers, relative to the complaint of Loper and Burr. Ordered referred to Commissioner Kernan.
Of J. S. Lanning, complaining that he had not been paid for services by the Lackawauna and Pittsburgh Railroad Company. Ordered that the Secretary advise him to put the matter in the hands of a lawyer, as the Board understands it is difficult to force any par. ment at the hands of a receiver, since he is protected by court.
Letter of Walter Lloyd Smith, counsel for Frisbie, Blanchard & Co., asking indefinite postponement of case.
Letter of Arthur L. Davis, highway commissioner town of Chili. Ordered the prescribed course.
Petitions in matter of C. C. Overton v. Coney Island Railroad Company. Laid over until September
Letter of James L. Young, complaining of the Hartford and Connecticut Railroad Com. pany. Ordered that he be referred to chapters 570 and 588 Laws of 1850, and that he be written to and asked if he desires the Board shall take any action relative to fences and cattle guards and failure to blow whistles.
Letter of C. L. Whittaker, relative to failure to build fences by the New York, Lake Erie and Western Railroad Company. Ordered that Secretary write and say that the 30 days is up, and ask what steps the company proposes to take to build the fences.
Letter of Thos. T. Hill, relative to Mahopac Falls Railroad Company. Ordered that Secretary write complainant as to whether recommendations have been complied with, and if not that he issue citation for August 31st, to show cause why the matter should not be turned over to the Attorney-General.
Commissioner Rogers reported in the matter of the complaint of Alfred Pell, that he had inspected the point complained of — Cranston's station — and found it very dangerous. The Board recommended that a gate be erected and a flagman stationed at this point.
Commissioner Rogers submitted a report in the matter of the Town of Whitestown and New Hartford Railroad Company v. The Utica, Clinton and Binghamton Railroad Company. Adopted, and ordered printed and issued.
Commissioner O'Donnell moved that the attention of the Rome, Watertown and Ogdens. burgh Railroad Company be called to the promise of the Utica and Black River Railroad Company, to plank near the depot at Lowville. Carried.
Commissioner Rogers called up his report on the complaint of Mr. Freileweh v. The Kingston City Railroad Company, and mored its adoption.
Commissioner O'Donnel moved that the accountant be instructed to ascertain the capital actually expended in the construction of the Kingston City Railroad Company, together with all facts pertaining to its finances, and in the meantime the report be laid upon the table. Carried.
J. B. Ker, in answer to citation to show cause why the facts in the case of Crary, Hall & Co. v. The New York, Ontario and Western Railway Company, should not be sent to the Attorney-General, was heard. Ordered that the facts in the case be presented to the • Attorney-General.
H. G. Young, general manager Delaware and Hudson Canal Company, was heard relatire to the Mechanicville decision and the Churchill decision. Ordered that the Secretary write Mr. Churchill and say that Mr. Young suggests that the wall be extended so as to obriate the necessity of so sharp a curve of the switch. The Board suggests that Mr. Churchill see Mr. Young, and hopes that an agreement may be reached.
Commissioner Kernan submitted a report in the form of an answer to the letter of Mr. Snider of the Buffalo Produce Exchange. Ordered issued.
Commissioner Kernan submitted a report in the matter of Loper and Burr. Adopted and ordered issued.
Ordered, that the Secretary proceed with the printing of the bridge strain sheets.
In the matter of Town of Bethlehem v. The West Shore Railway Company. Ordered that the Secretary issue a citation to C. M. Depew, as president of New York Central and Hudson River Railroad Company and lessee of the West Shore railway, to show cause why the matter should not be turned over to the Attorney-General, and write to Mr. Oliver referring him to chapter 318, Laws of 1835, and chapter 255, Laws of 1855.
Th Secretary submitted letter of P. Dowell, relative to fast running of trains through Saratoga Springs. The Board adjourned until August 31st, 1886.
WILLIAM C. HUDSON,
AUGUST 31, 1886.
Letter of J. D. Luyng, West Shore Railroad Company, relative to Cranston's crossing. Commissioner Royers 'moved that the West Shore Company be permitted to establish
a system of electric signa's, and if found to work satisfactorily the Board would modify its recommendations to that effect, so as to permit the substitution of the same for gates and flagmen recommended.
Letter of S. T. Street, relative to automatic signal, etc. Ordered that Secretary write and ask if the device at Deposit remains in continuous operation, and say that the inspector is now busily engaged, but when opportunity presents itself — say in the early winier he will visit and inspect its workings.
Letter of Alrich H. Man, relative to the complaint of W. 0. McDowell. Ordered that Secretary write to W. 0. McDowell to the effect that having received nothing from him as to accountant's report, knowledge is desired as to whether he desires to present any further requests or suggestions.
Letter of J. H. Jeffres, relative to decision in the Loper and Burr matter, Ordered filed. Letter of C. L. Young, relative to his complaint against the Hartford and Connecticut Western'Railroad Company. Ordered that Secretary write and say that when the inspector passes over the Hartford and Connecticut Western railroad, he will inspect the crossings complained of by him.
Letter of Geó. C. Beecher, relative to carrying stock on passenger trains. Ordered usual course.
Letter of A. Schoellkoff. Ordered prescribed course.
Letter of J. M. Toucey, New Yor Central and Hudson River Railroad Company, relative to complaint of village of Medina. Ordered that Secretary write village authorities to know if tank and building are removed, and if so, if it removes the danger complained of.
Complaint of Citizens of Utica v. New York, Ontario and Western Railway Company. Ordered usual course.
Letter of Streeter Bros., in answer to reply of Fonda, Johnstown and Gloversville Rail. road Company. Referred to Commissioner Rogers to report to Board September 7th.
Complaint of trustees of Fort Edward. Ordered usual course. Letters of M. J. Robertson and A. McLeod. Ordered case closed. Letter of J. F. Terry, Mechanicville, relative to decision in Matter of Citizens of Mechanic. villey. The Delaware and Hudson Canal Company. Ordered that Secretary cite Delaware and Hudson Canal Company to show cause why case should not be turned over to Attorney. General on September 7th, 10 A. M.
Letter of Chauncey Hagadorn, relative to failure of the Lackawanna and Pittsburgh Railroad Company to comply with decision of Board. Ordered that Secretary write receiver, stating that it is alleged that the railroad has failed in certain particulars, and that it is further alleged that the track is not in proper condition, and asking him to inform the Board as to whether or not these allegations are true.
Of I. H. Maynard, relative to his complaint against the Ulster and Delaware Railroad Contpany. Ordered copy sent to Judge Schoonmaker.
Leiter of W. S. Smith, counsel for Frisbie, Blanchard & Co. Ordered that draft of letter submitted by Commissioner Kernan be sent to President King:
Of A. W. Bishop, relative to Butt safety switch. Ordered that he be informed that the inspector is at present very busy, but he will, when released from present pressing duties, visit Buffalo before the end of September, and make an inspection.
Of A. Steber, relative to obstruction in front of premises, placed there by the New York, Ontario and Western Railway Company. Referred to Commissioner Kernan.
Of Messrs. McEwan, relative to their complaint. Ordered filed.
Letter of John Robertson, highway commissioner of village of Churchville, relative to crossing. Ordered that he be written to and asked if the crossing is still protected by a flagman.
Letter of Obadiah Edmonds, relative to accident recently occurring to him on the Lake Shore railroad. Ordered that Secretary state the facts to the company.
Application of Albany railway for increase of capital stock. Ordered that accountant continue the investigation into the accounts of the Albany Railway Company, down to present date.
Letters of Stephen T. Hopkins and of J. D. Layng, relative to Saugerties crossing. Ordered that Mr. Hopkins be asked if the filling has been done yet, and if not, to write to Mr. Layng.
Letter of Thomas T. Hill, relative to complaint against the Mahopac railroad. Case ordered closed.
Of Kidder M. Scott, relative to the Mt. Morris complaint. Ordered that company be cited to show cause why it sbould not be turned over to Attorney-General, September 7th, because recommendations of Board have not been complied with.
Bill of T. W. Spencer, $159.40, for traveling expenses. Ordered approved.
In the matter of Citizens of Bethlehem v. The West Shore railroad. A hearing on the citation to lessee road to show cause why the matter should not be turned over to Attorney. General was had, at which Mr. Kenney for the road and Mr. Slingerland and Jos. Oliver, highway ommissioners, were present. "Ordered that the matter be turned over to AttorneyGeneral.
Commissioner O'Donnell presented the complaint of Milton, Brown & Co., against the Boston and Albaoy Railroad Company. Ordered usual course.
In the matter of Burdick v. The Utica and Black River Railroad Company, the Board being informed that the complainant, Burdick, did not desire to press the complaint, and there being no appearance on the order to show cause on the 31st; ordered that the matter be laid over two weeks in order that the Board may ascertain whether such is the desire of the complainant or not.
Ordered, that Secretary write to the Central and Padson River Railroad Company for its rates on condensed milk in packages and cans from such stations as they ship from to New York. The Board then adjourned until September 7th.
WILLIAM C. HUDSON,
SEPTEMBER 7, 1886.
Telegram from F. D. Locke, asking postponement in Mt. Morris hearing. Ordered that Secretary write Mr. Locke that the bearing is postponed until Tuesday, September 14th, and for the last time, and that personal appearance is not necessary:
Letter of John Newell, president Lake Shore and Michigan Southern Railroad Company, relative to accident to Obadiah Edmonds. Ordered placed on file.
Letter of Stephen T. Hopkins, relative to Saugerties crossing. Ordered that Secretary communicate the facts to the West Shore Railroad Company.
Letter of John King, relative to the Frisbie, Blanchard & Co. matter. Ordered that a hearing be set down for the 21st inst., 10 A. M., unless in the meantime an amicable arrangement is made.
Letter of Jos. R. Mansion, Knight of Labor, relative to the payment of the wages of the Troy and Boston Railroad Company. Ordered usual course.
Letter of H. G. Young, relative to citation in Mechanicville case. Ordered filed.
station. Ordered that Secretary write the New York Central and Hudson River Railroad Company that the Board is in. formed that the flagman at the highway crossing in the town of Riga, west of the Chili station, was withdrawn six or seven weeks ago; that when the point was inspected by Com. missioner Kernan and Superintendent Burrows, the flagman was agreed upon and it was then understood he was to be left there. The Board regards the withdrawal of the flagman as wrong and recommends that he be restored and kept at that crossing.
Ordered that T. W. Spencer be empowered to employ a copyist to assist him in the prep. aration of his reports of inspection.
Commissioner Rogers submitted a report in the matter of Freileweh v. The Kingston City Railroad Company.
Commissioner Kernan concurred in writing. Ordered adopted, printed and issued.
Commissioner Rogers submitted a report in the matter of Streeter Bros. v. The Fonda, Johnstown and Gloversville Railroad Company, referred to him to report a course of procedure. Report adopted.
Commissioner Kernan submitted a report in the case of Steber v. The Delaware and Hudson Canal Company. Ordered adopted and issued.
Mr. H. G. Young was heard response to the citation in the Mechanicville matter. Ordered that the facts in the case and the failure to conform to the recommendations of the Board be turned over to the Attorney-General. The Board adjourned.
WILLIAM C. HUDSON,
SEPTEMBER 14, 1886. The Board met pursuant to adjournment. Present — Commissioners Kernan and Rogers. The minutes of the last meeting were read and approved. The Secretary submitted the unfinished business, under the rule, as follows:
Report of the accountant relative to the examination of the accounts of the Albany Rail. way Company. Ordered laid on table.
Citation of citizens of Oneida, Madison county, v. New York, Ontario and Western Rail. way Company, as to danterous crossing. Ordered complaint sent to company with copy of the correspondence forwarded.
Letter of Mr. Cooledge, president Glens Falls, Sandy Hill and Fort Edward Railroad Com. pany. Ordered copy sent complainant.
Letter of receiver of the Buffalo, New York and Philadelphia Railroad Company. Ordered copy sent to K. M. Scott, and case suspended for one month, and that Mr. Scott be notified to inform the Board whether the recommendation has been complied with.
Letter of A. W. Bishop, relative to Batt safety switch. Ordered copy sent to inspector.