to promote the safer and better management of steam railroads," passed May 31, 1884. This act is therefore a statute of the State, which must be obeyed. By the Board, WILLIAM C. HUDSON, Secretary. John D. Kernan, Circular No. 34. STATE OF NEW YORK: OFFICE OF THE BOARD OF RAILROAD COMMISSIONERS, William E. Rogers, Commissioners. John O'Donnell, William C. Hudson, Secretary SIR-The following preamble and resolution was adopted by the Board of Railroad Commissioners at its meeting, September 23, 1884: WHEREAS, The Board is informed that some of the railroads of this State neglect to comply with the provisions of chapter 439 of the Laws of 1884, entitled "An act for the better protection of life and property upon the railroads of this State, to promote the safer and better management of steam railroads," therefore, Resolved, That the railroads of the State be informed that in case of neglect or omission to comply with the provisions of the said act, hereafter, the Board will report the same to the proper authorities for prosecution under the act Under instructions, the above preamble and resolution is hereby transmitted to you. By the Board, WILLIAM C. HUDSON, Secretary. MINUTES OF THE BOARD, REPORTED IN PURSUANCE OF SECTIONS 2 AND 10 OF CHAPTER 353, LAWS OF 1883. OCTOBER 8, 1883. In the absence of the Chairman, on motion of Commissioner O'Donnell, Commissioner Rogers presided. The Secretary submitted a dispatch from the Hon. C. M. Depew, asking for information as to the application of Simon Sterne, Esq., for the postponement of the hearing on commutation rates. Commissioner O'Donnell moved that the request of Mr. Sterne be granted. Adopted. The hearing was then set down for October 16, 10 A. M. Commissioner O'Donnell moved that the Board take a recess until 10 A. M., October 9. Carried. OCTOBER 9, 883. WILLIAM C. HUDSON, Secretary. Commissioner Kernan in the chair. The minutes of the previous meeting were read. Commissioner Rogers arrested the reading of the minutes, calling attention of the Board to its action as recorded in the minutes relative to the resolution to refer the elevated charge matter to the Attorney-General, and the subsequent adoption of a resolution to instruct the Secretary to send a notice agreed upon, and made the following statement: At the time I left the Board the resolution of Commissioner Kernan had been proposed as follows: "WHEREAS, No answer has been received by this Board to its recommendation in the grain elevator case of New York city, "Resolved, That the resolution this day offered by Commissioner O'Donnell lie over until the Secretary under the standing rule, and as hereby directed, shall write to the railroad and ascertain from them what, if any, action, they have taken under the recommendation." The subsequent notice ordered to be sent in the following words, to-wit : Please take notice, that in the judgment of the Board of Railroad Commissioners, your road has neglected or refused to comply with the recommendation of the Board, made on the 31st of July, in the case of Foster and Thompson against New York Central and Hudson River Railroad Company, and the New York, Lake Erie and Western Railroad Company, and that unless you shall satisfy the Board that no action is required to be taken by it at a meeting to be held on October 8, at 3 P. M., at the office in Albany, when the Board will take such action as may be deemed proper thereon, under sections 5 and 6, chapter 353, Laws of 1882, was passed in my absence and would not have received my approval. The reading of the minutes continued and were approved, subject to the incorporation of the statement of Commissioner Rogers. The Secretary submitted a letter from the New York Central and Hudson River Railroad Company relative to the complaint of Loren B. Kern. Referred to Commissioner Kernan. Also a letter from New York Central and Hudson River Railroad Company relative to the complaint of the citizens of Palmyra. Referred to Commissioner Kernan. Also a letter from New York Central and Hudson River Railroad Company relative to the petition of the citizens of Rome as to second Atlantic. Referred to Commissioner Rogers. Also a communication of H. C. Apel relative to commutation rates on Harlem railroad. Ordered filed with the papers of the matter of Board of Trade and Transportation against New York Central and Hudson River and Harlem Railroad Companies. Commissioner O'Donnell moved that a copy of the communication of H. C. Apel be sent to the roads. Adopted. Also a communication from C. S. Baker for the Rochester and Brighton Railroad Company in the matter of the proposed increase of stock. Ordered filed with the papers of the application therefor. Also a letter from J. Crandall, superintendent Troy and Boston Railroad Company, relative to the accident near Petersburg Junction. Referred to Commissioner Rogers. Also the complaint of Laura A. Flint against New York Central and Hudson River Railroad Company, as to ventilation in cars. Ordered take the usual course. Also complaint of Leander W. Fiske against Utica and Black River Railroad Company, obstructions of highway by cars and engines. Usual course. Also the dispatch of Hon. C. M. Depew, as to answer to the notice relative to elevator charges. Commissioner Kernan offered the following resolution: Resolved, That the New York Central and Erie railroads having made application on October 8, 1883, to be heard in answer to notice sent in the grain elevator case, that a public hearing thereon be held at the Chamber of Commerce in New York city on October 16, 1883, at 10 A. M. Commissioner Rogers moved as an amendment the following: Resolved, That no further proceedings be taken at present in the matter of the grain elevator case, for the following reasons: I object to presenting to the Attorney-General for his consideration and action the recommendation of the Board in the matter of the petition of Messrs. Foster & Thompson for the abolition of the charge of one cent a bushel for elevating grain, preferred against the New York Central and Hudson River Railroad and the New York, Lake Erie and Western railroad (or at present to take further proceeding in the matter), for the following reasons: First. The recommendation of the Board in the matter in question was but a “recommendation" founded upon what the Board believed to be expediency. There is no more reason why the railroad should elevate grain without remuneration than that they should perform any other service without remuneration. It was shown that vessels preferred to pay the "floating" elevator charges of one cent rather than leave their berths and come to the stationary elevators of the railroads. Inasmuch, therefore, as the railroads cannot compel the vessels to come to their elevators, the Board thought it wise to remove the charge, thereby inducing vessels to come to the stationary elevators, thus saving the floating elevator charges which the grain has now to pay. In making the charge the roads violate no law or terms of their charter, nor do they unjustly discriminate or usurp any authority. While it is true that the roads have failed to conform to the recommendation of the Board in the matter, I consider it inexpedient at present to put it in the hands of the Attorney-General for his consideration and action. There is no power conferred by law to compel the roads to accede to the recommendation; and so the Attorney-General, I venture to say, will be obliged to find. The recommendation being based on expediency alone, the pros and cons being very evenly divided, I consider it a weak one of which to make a test case. If the Board had the peremptory power to command I should be indisposed to use it in this case. If the recommendation is a sound one, as I believe it is, the roads will find it to their interest to conform without the exercise of any more power. If, on the other hand, it is unsound as claimed by the railroads, and likely to divert to other cities a very large proportion of grain now coming to New York, through retaliatory measures threatened by other roads (viz., removing their terminal charges, thus leaving all the grain necessarily passing through floating elevators still subject to elevating charges as against no charge at other cities), and possibly to precipitate a railroad war, no harm can accrue from waiting a while. The allegation that New York is unjustly discriminated against by the agreement between the trunk lines has been pronounced untrue by no less authority than a committee consisting of the Hon. Allan J. Thurman, E. B. Washburne and Thomas M. Cooley. After an exhaustive examination of all the facts and circumstances attending this agreement, they pronounced it the best and most equitable that could be devised under the circumstances. Their conclusions have been concurred in by every disinterested person who has examined the subject. Without expressing either concurrence or dissent from this conclusion, I do state, in view of the authority in favor of it, that it would be extremely unwise for this Board, with its present lights, to take hasty and peremptory action to break up this agreement and precipitate a railroad war with its attendant evils of uncertainty to the shipper and ruin to the stockholder. While I think that in many cases this Board should have the power to enforce its decisions, I should like to know that it has the power before making them, and I would then know whether to make the "recommendation," advice or command, so far as my vote is concerned. It is to be observed that the recommendation in question affects the Pennsylvania railroad, the Baltimore and Ohio, over which the Board has no possible authority. Indeed the only elevators within the city of New York are those of the New York Central. That of the Erie, being in New Jersey, is undoubtedly without the jurisdiction of the Board. The question was on the amendment. The question was then on the resolution offered by Commissioner Kernan. Ayes Commissioners Kernan and O'Donnell. Nay Commissioner Rogers. Adopted. Commissioner Kernan moved that the commutation hearing be set down for October 16, 10 A. M., at the Chamber of Commerce. Adopted. The Secretary submitted a letter from R. J. Richardson relative to hearing complaints against the Utica and Black River Railroad Company. Also, the application of Henry C. Kohler for a clerical position. Laid over upon motion of Commissioner Kernan. The Secretary submitted as a report, ordered by the Board at the previous meeting, rules for the government of the Board. Laid over for further consideration on the motion of Commissioner Rogers, the Secretary, in the meantime, to have a copy prepared for each of the Commissioners. By unanimous consent, Commissioner Rogers offered the following preamble and resolution: WHEREAS, The influence for good of this Board to a great extent depends upon a true and complete report of its proceedings being furnished, in order that an intelligent public discussion thereof through the press may take place; and WHEREAS, Heretofore resolutions presented by a single member, preceded by preambles setting forth individual opinions, have been circulated through the press as the action of the Board, and as representing its views, while in fact other members have held directly contrary opinions, and such resolutions have not been passed, but laid over for further discussion; and WHEREAS, Another resolution, reported as unanimous, has been passed in the absence of a member of the Board, which resolution said member would have opposed had he been present, Resolved, That all official meetings of the Board shall be open to the public, except when the Board goes into executive session. That the Secretary be directed to place at the disposal of the press applying therefor a record of any and all proceedings of the Board, except of those in executive session, and that the records of all official meetings and of all decisions of the Board be open to the public at all times during office hours. That said records so made and furnished shall be the only official news furnished by this Board. Commissioner O'Donnell, as a substitute for the whole, offered the following: Resolved, That all official meetings of the Board are and shall be open to the public, except when the Board goes into executive session. Also, that the Secretary be directed, at all times during official hours, to submit to the inspection of the press and of the public the records of official meetings of the Board, except records of executive sessions. Commissioner Rogers then moved that the whole matter be laid over until the next meeting. Adopted. By Commissioner Kernan : Resolved, That Commissioner O'Donnell be requested to present a report on the milk case. Adopted. In accordance with the above resolution, Commissioner O'Donnell presented his report thereupon. Commissioner O'Donnell moved that the report presented by him at twenty cents, be adopted as the report of the Board. Commissioner Kernan, for himself and Commissioner Rogers, submitted a report on the milk case. Commissioner Kernan moved to amend the motion of Commissioner O'Donnell, that the report submitted by him, at twenty-seven cents, be made the report of the Board. Commissioner Rogers offered the following resolution, being an amendment to the amendment: Resolved, That the rate of freight on milk be recommended to be charged at thirty cents. Commissioner Kernan accepted the amendment of Commissioner Rogers. The question then came upon the amendment offered by Commissioner Kernan as amended by acceptance of Commissioner Rogers' amendment. Ayes- Commissioners Kernan and Rogers. Nay Commissioner O'Donnell. Commissioner O'Donnell offered his report as the minority report of the Board. Commissioner Rogers submitted to the Board the bill of Daniel Noble, for copying testimony before the coroner's jury on accident at Long Island City, at $18.75. Bill allowed by the Board at $8.25. REPORTS. By Commissioner Kernan, on the complaint of Kern v. New York Central and Hudson River Railroad Company. Adopted. By Commissioner Kernan, report on the matter of the application for better depot facilities at Schenectady. Adopted. By Commissioner Kernan, on accident on Long Island railroad at Springfield Junction. Adopted. By Commissioner Kernan, on the accident on the Rome, Watertown and Ogdensburgh railroad resulting in injuries to Mr. Becker. Adopted. By Commissioner Kernan, accident on the New York Central and Hudson River railroad at Utica, resulting in the death of Mr. Cowan. Adopted. By Commissioner Kernan, on the complaint of M. A. Nolan, alderman of the Eighth ward, against the New York Central and Hudson River Railroad Company, dangerous crossing at North Pearl and Van Woert streets, Albany, N. Y. Adopted. Commissioner Kernan submitted a letter from John Thorn, Esq., president of the Utica and Black River Railroad Company, asking that a date other than that of 24th of October be fixed for hearing of complaints against the Utica and Black River Railroad Company. On motion of Commissioner Kernan, the date of November 8, 10 A. M., was fixed. Commissioner Kernan moved the adoption of Circular No. 14. Carried. Commissioner Kernan moved the adoption of Circular No. 15. Commissioner Kernan moved that the matter of the accident occurring near Schenec. tady be referred to Commissioner O'Donnell. Carried. By Commissioner Kernan: Resolved, That it be referred to Commissioner O'Donnell to prepare and report to the Board standing rules to govern the Board in approving increase of stock of railroads. Adopted. By Commissioner Kernan : Resolved, That the Secretary be directed to prepare for publication in the annual report the decisions and recommendations of the Board, to analyze and tabulate the accident reports, and to gather into convenient form for publication the other statistics gathered by the Board. Resolved, That H. M. Thompson be directed to analyze and tabulate the annual reports from the various railroads of the State as they are received. Adopted. By Commissioner Rogers: WHEREAS, The proper ventilation of passenger cars, particularly during the winter months, is of the utmost importance as affecting the health and comfort of passengers; and WHEREAS, The system generally adopted in this State is very defective, the only fresh air admitted being cold air from small windows at the top of the car; and WHEREAS, An improved system is now in vogue elsewhere, which consists subtantially in admitting fresh cold air through a screen into a small furnace at the end of the car, where it is heated and thence transmitted into the car through flues laid in the angle between the floor and sides, there being an opening or register at each seat; the circulation thus induced causes a constant movement of the air upward and out of the ventilating windows in the top of the car, instead of allowing the cold air to settle down as is usually the case: Resolved, That the attention of the railroads of this State be drawn to the said system, and that they be recommended to adopt the same in all passenger cars as soon as practi cable; also, Resolved, That the Secretary be instructed to write to the Pennsylvania roads requesting them to send a drawing and description of their system, and that he send copies of the same to all the railroads in the State. Adopted. |