any Falls, not more than twenty miles south of Utica, on the Utica branch of the New York, Ontario and Western Railway, but that the company demanded one dollar per ton for said distance, or five cents per ton per mile, whereas coal was being carried from the west for about one-half of a cent per ton per mile. A copy of the complaint was sent to the company, which answered that the rate of one dollar per ton is the regular tariff rate. A copy of the company's answer was sent to the complainants, with a letter stating that, if they desired a hearing before this Board, one would be given them. No reply having been received to this letter, the case was closed.

XXXIV.

IN THE MATTER OF THE COMPLAINT OF S. D. HAVILAND, OF WEST BROOKVILLE, SULLIVAN COUNTY, AGAINST THE PORT JERVIS, MONTICELLO AND NEW YORK RAILROAD COMPANY.

July 18, 1899.

This complaint was filed with this Board on June 8, 1899, by S. D. Haviland, of Westbrookville, Sullivan county. It alleged that but one train each way, was operated over the Summitville · branch of the Port Jervis, Monticello and New York Railroad; that but one gang of men were at work on the road, and intimated that if the roadbed were put in proper condition, more trains would probably be operated over this branch. A copy of the complaint was sent to the company, which answered that but one train was being run over the branch and, that, only at a rate of speed of eight miles an hour, for the reason that the road was in such a condition when the (then) new management assumed control, that it was unsafe to run trains any faster. The answer also asserted that the new management was at work repairing the road. An inspection of the Summitville branch was made by an inspector for this Board, who reported recommending that no additional trains be operated and that no greater rate of speed than eight miles an hour be maintained, until such time as the condition of the roadbed, bridges, etc., should be greatly improved, and that the work of putting in new ties and repairing structures be hastened. A copy of this report was sent to the company with a letter making the recommendations of the inspector the recommendations of the Board. A copy of the report of the inspector was also sent to the complainant, who replied. Subsequently, two other inspections of the Summitville branch were made by the inspector, who reports

that considerable progress has been made in the direction of improving its physical condition, and that the rate of speed might safely be increased to twenty miles per hour, except that until new girder bridges are put in, the speed crossing the A-truss and trussed stringer bridges be not greater than ten miles per hour.

XXXV.

IN THE MATTER OF THE COMPLAINT OF W. G. PALMER, OF NORTH TONAWANDA, AGAINST THE SILVER LAKE RAILWAY COMPANY.

July 18, 1899.

This complaint was filed with this Board on July 13, 1899, by W. G. Palmer, of North Tonawanda. It alleged that the Silver Lake Railway Company refused to deliver shipments of lumber, consigned to complainant at Perry, to other persons, upon printed orders from complainant to the company directing the delivery of the consignments to such persons. A copy of the complaint was sent to the company, which answered that it objected to delivering shipments which were consigned to complainant, simply on a printed order from complainant; that it desired either the surrender of the original bill of lading or an order over the written signature of complainant. A copy of this answer was sent to the complainant with a letter stating that it was the opinion of the Board that the position of the company, as stated above, was not unreasonable. The complainant replied stating that he was willing to sign the orders for delivery in writing instead of having his name printed thereon, and the case was closed.

XXXVI.

IN THE MATTER OF THE COMPLAINT OF THE DELAWARE AND HUDSON CANAL COMPANY AGAINST THE TROY CITY RAILWAY COMPANY.

August 16, 1899.

Under date of March 21, 1899, the Delaware and Hudson Canal Company notified this Board that frequent complaints had been made to the company, of difficulties encountered by people crossing its bridge between Green Island and Troy, from electricity which it alleged came from the appliances of the Troy City Railway Company which operates a railroad on said bridge. The electrical expert of the Board made an inspection and report, stating that he had made suggestions to the officers of the com

panies of improvements which could be made to remedy the difficulties. Under date of July 21st, the electrical expert reported that he had made another inspection of the bridge and found that the cause of complaint had been removed.

XXXVII.

IN THE MATTER OF THE COMPLAINT OF ELIZABETH S. PEASE AGAINST THE TROY CITY RAILWAY COMPANY.

August 16, 1899.

This complaint was filed with this Board on March 17, 1899, by Elizabeth S. Pease of Troy. It alleged that a bridge in the city of Cohoes, over the Mohawk river, across which the cars of the Troy City Railway Company were operated, was unsafe. An inspection of the bridge was made by a civil engineer for this Board, who reported, recommending that certain changes and repairs be made to the bridge, and suggesting that it should be replaced. The bridge being owned by the city of Cohoes, the officials of that city, as well as the railroad company, were notified of the engineer's report, and a copy of his report was forwarded to each. The Board recommended to the company that the repairs and changes suggested by the engineer be made, so far as they could be made by the company, the bridge, as stated, being owned by the city. The Board suggested that the company confer with the mayor of the city, in the matter, and stated that unless the bridge was strengthened or repaired at once, action would be taken to compel cessation of operation of trolley cars over it. The city closed the bridge until repairs were made. Thereafter precautions were taken by the company in the operation of cars over it. A contract has been executed by the city for the erection of a new bridge at the point in question.

XXXVIII.

IN THE MATTER OF THE COMPLAINT OF JOHN A. CIPPERLY AND OTHERS, OF TROY, AGAINST THE TROY CITY RAILWAY COMPANY.

August 16, 1899.

This complaint was filed with this Board on May 20, 1899, by John A. Cipperly and others, of Troy. It alleged that the Albia branch of the Troy City Railway was not equipped and operated so as to provide for the proper security and accommo

dation of the public, making, in detail, allegations to sustain the complaint. A copy of the complaint was sent to the company, which answered denying the allegations. The electrical expert of the Board made an inspection of the portion of the railroad in question and a report which did not sustain the allegations of the complaint. He recommended, however, that derailing switches be placed in the tracks on a heavy grade on a portion of the line. This recommendation was made the recommendation of the Board, and the company notified.

XXXIX.

IN THE MATTER OF THE COMPLAINT OF LEWIS M. SELKIRK, OF THE TOWN OF SCHODACK, RENSSELAER COUNTY, AGAINST THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY, AS TO

FARM CROSSING.

August 16, 1899.

This complaint was filed with this Board on July 17, 1899, by Lewis M. Selkirk of the town of Schodack, Rensselaer county. It alleged that complainant was the lessee of a farm situated in said town about one and a quarter miles below the village of Castleton, and that the lands of said farm were crossed by the tracks of the New York Central and Hudson River Railroad Company; that the grades of a farm crossing of the railroad were such as to prevent him from hauling full loads of produce from one part of the farm to another. A copy of the complaint was sent to the company, which answered that the matter of improving these grades would be immediately attended to. After further correspondence with the complainant and the company in reference to the matter, the Board received a letter from the complainant, of which the following is a copy:

ALBANY, N. Y., August 1, 1899. To the State Board of Railroad Commissioners, Capitol, Albany, N. Y.: GENTLEMEN.-It is with pleasure I report that the grade of the crossing complained of by me has been changed and the work has been completed to my entire satisfaction. Large stone well laid, topped by smaller broken stone and gravel and sand and extended from the tracks of the H. R. R. R. to a considerable distance into the Schodack creek, has given to the crossed road a grade up which I can now haul with ease over one ton of produce at one load.

Please accept my thanks for your prompt and efficient service in this matter, by which I am able to save labor and time and expense in the haulage of my produce from my island lands, and that, too, at the commencement of my busy season.

XL.

IN THE MATTER OF THE COMPLAINT OF S. F. SMITH, of CLINTON CORNERS, DUTCHESS COUNTY, N. Y., AGAINST THE POUGHKEEPSIE AND EASTERN RAILWAY COMPANY, RELATIVE TO THE SETTING

OF FIRES.

August 16, 1899.

This complaint was filed with this Board on July 3, 1899. It alleged that sparks from locomotives owned by the Poughkeepsie and Eastern Railway Company, running through complainant's farm, had caused fires. A copy of the complaint was sent to the company, which answered that, owing to the dry season, some fires had been, set, including a fire on the farm of Mr. Smith. The answer stated, however, that the company had received no bill for damages from Mr. Smith, and that if it had, "it would have been settled to his satisfaction." A copy of this answer was sent to the complainant,, and, nothing further being heard from him, the matter was closed.

XLI.

IN THE MATTER OF THE COMPLAINT OF IRELAND BROTHERS, OF JOHNSTOWN, AGAINST THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY.

August 16, 1899.

This complaint was filed with this Board on July, 28, 1899, by Ireland Brothers of Johnstown. It alleged that the New York Central and Hudson River Railroad, Company would not receive goods at Fonda shipped by complainants, owing to the kind of packing case in which the goods were, shipped, and alleged that this was a discrimination against complainants, and that other shippers in Johnstown used exactly the, same sort of packing case. The company answered denying the allegations and stating that a complaint had been received by, it from complainants in regard to the matter, and that instructions had been given the company's agent at Fonda to accept their shipments, "as their method of strapping the cases now seems to properly protect the property." A letter was received from complainants stating, that they wished to withdraw the complaint, as the matter had been adjusted, "so that it is now very satisfactory to us." The case was thereupon closed.