XII.

IN THE MATTER of the apPLICATION OF THE ALBANY AND HUDSON RAILWAY AND POWER COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR $2,500,000.

October 17, 1899.

Application having been made to this Board by the Albany and Hudson Railway and Power Company, on or about October 9, 1899, for consent of the Board (under chapter 583 of the Laws of 1899) to the issuance by said company of a first mortgage for $2,500,000, and a hearing having been given on said application on October 17, 1899, C. H. Werner appearing for the applicant, and the purposes for which the said mortgage is to be issued appearing from the affidavit herein, of C. H. Werner, and it appearing that the owners of stock to an amount equal to that required by the statute, have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consent and it does hereby consent to the issuance by the Albany and Hudson Railway and Power Company of a first mortgage, amounting in the aggregate to $2,500,000.

XIII.

IN THE MATTER OF THE APPLICATION OF THE CHATHAM AND LEBANON VALLEY RAILROAD FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR $350,000.

October 30, 1899.

Application having been made to this Board by the Chatham and Lebanon Valley Railroad, on October 30, 1899, for consent of the Board (under chapter 583 of the Laws of 1899) to the issuance by said company of a first mortgage for $350,000, and a hearing having been given on said application on October 30th, A. B. Gardenier appearing for the applicant, and the purposes for which the said mortgage is to be issued appearing from the petition herein, and from the testimony of A. B. Gardenier, and it appearing that the owners of stock to an amount equal to that required by the statute, have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consent and it does hereby consent to the issuance by the Chatham and Lebanon Valley Railroad of a first mortgage, amounting in the aggregate to $350,000.

XIV.

IN THE MATTER OF THE APPLICATION OF THE OSWEGO TRACTION COMPANY FOR CONSENT TO THE ISSUE of a first MORTGAGE OF $100,000 AND A SECOND MORTGAGE OF $200,000.

November 17, 1899.

Application having been made to this Board by the Oswego Traction Company, on October 13, 1899, for the consent of the Board (under chapter 583 of the Laws of 1899) to the issuance by said company of a first mortgage of $100,000 and a second mortgage of $200,000, and a hearing having been given on said application on November 17, 1899, S. M. Coon appearing for the applicant, and the purposes for which said mortgages are to be issued appearing from the petition and from the affidavit of S. M. Coon herein; and it appearing that the owners of stock to an amount equal to that required by the statute, have consented to the issue of said mortgages, it is

Ordered, That the Board of Railroad Commissioners consent and it does hereby consent to the issuance by the Oswego Traction Company of a first mortgage of $100,000 and of a second mortgage of $200,000.

xv.

IN THE MATTER OF THE APPLICATION OF THE SARATOGA TRACTION COMPANY, FOR CONSENT TO THE ISSUE OF A MORTGAGE FOR $300,000.

December 8, 1899.

Application having been made to the Board of Railroad Com missioners by the Saratoga Traction Company, on or about November 20, 1899, for the consent of the Board (under chapter 583 of the Laws of 1899) to the issuance by said company, of a mortgage for $300,000 and bonds thereunder to that amount, and a hearing having been duly given on said application on this day, John L. Henning appearing for the applicant, and the purposes for which the said mortgage is to be issued appearing from the affidavits of Richard S. Storrs, treasurer of said Saratoga Traction Company, and Frank B. Lee, its superintendent, and it appearing that the owners of stock to an amount equal to that required by the statute, have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Saratoga Traction Company of a mortgage, amounting in the aggregate to $300,000.

XVI.

IN THE MATTER OF THE APPLICATION OF THE RAQUETTE LAKE RAILWAY COMPANY FOR CONSENT TO THE ISSUE OF A MORTGAGE OF $250,000.

December 8, 1899.

Application having been made to the Board of Railroad Commissioners by the Raquette Lake Railway Company, on December 2, 1899, for the consent of the Board (under chapter 583 of the Laws of 1899) to the issuance by said company of a mortgage of $250,000, and a hearing having been duly given on said application on December 8, 1899, C. E. Snyder appearing for the applicant, and the purposes for which the said mortgage is to be issued appearing from the affidavit hercin of Edward M. Burns, and it appearing that the owners of capital stock in the company to an amount equal to that required by the statute have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Raquette Lake Railway Company, of a mortgage amounting in the aggregate to $250,000.

Applications for a Certificate Under Section 59

of the Railroad Law.

I.

IN THE MATTER OF THE APPLICATION OF THE ROCHESTER AND SODUS BAY RAILWAY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD Law.

January 24, 1899.

Ordered, That said application be and the same is hereby granted, and the Board of Railroad Commissioners hereby certi fies, under section 59 of the Railroad Law, that the conditions of said section have been complied with by the applicant, the Rochester and Sodus Bay Railway, and that public convenience and a necessity require the construction of the railroad of the applicant, as proposed in its articles of association and as shown upon a map filed with the Board in this proceeding by the applicant, marked "Applicant's Exhibit No. 1. Oct. 19, '98. E. C. McE."

By the Board,

JOHN S. KENYON,

Secretary.

MEMORANDUM.

James M. E. O'Grady and Charles Van Voorhis for the applicant. Ira A. Place and Albert H. Harris for the New York Central and Hudson River Railroad Company (lessee of the Rome, Watertown and Ogdensburg Railroad) in opposition.

This application was filed with the Board on September 26, 1898. It asks for a certificate that public convenience and a necessity require the construction of the railroad of the applicant. Satisfactory proof of the fulfillment of the conditions of section 59 was filed with the Board. The electrical expert made an inspection of the proposed route and a report. Hearings were given in the city of Rochester on October 19th and December 14th, and in the city of Albany on November 23d and January 6th. Much testimony was taken at these hearings. The applicant proposes to build a street surface railroad, to be operated by the overhead electrical system, from Sodus Point, on Lake

Ontario, in the county of Wayne, to and partly through the city of Rochester, which places shall be its termini and its length is to be about forty-two miles, including a branch line described in the articles of association. The New York Central and Hudson River Railroad Company filed an answer contravening the allegations of the petition, and alleging that the existing railroads, to wit: the Rome, Watertown and Ogdensburg, the New York Central and Hudson River and the Northern Central, “are ample and sufficient to perform all the railroad service required by the people living along the route of the proposed railroad, or contiguous or tributary thereto." The proposed railroad after leaving the city of Rochester crosses Irondequoit Bay and continues in, and along the side of, the highway known as the Ridge road to Sodus village. It then follows the highways easterly and northeasterly, leaving them, however, at certain points and passing through private property, so as to take advantage of easier grades and a shorter route, to Sodus Point. Leaving Rochester the railroad first passes through the town of Irondequoit, touches the town of Penfield, enters the town of Webster, passes through the villages of West Webster, Webster and Union. Hill, then enters the town of Ontario, passing through the village of Ontario and the village of Ontario Center, then enters the town of Williamson, passing through the villages of Williamson and East Williamson, then enters the town of Sodus, and passes through the village of Sodus and the village of Wallington to Sodus Point. The evidence shows that the territory through which the proposed road passes is well peopled. For a considerable portion of its route the proposed road is parallel to the Rome, Watertown and Ogdensburg Railroad, and it is urged in opposition that the steam railroad serves the requirements of public convenience and necessity for transportation in this locality. This Board is of the opinion, however, from the evidence produced at the hearings, that the proposed railroad is needed. It will offer facilities for transportation, which, it seems to the Board, the people of this community are entitled to have to serve their necessities and convenience. It is plain there is much traffic to and from Rochester by wagon, which it seems clear would be better served by an electric railroad. The existing steam railroad, it seems to the Board, does not now and cannot furnish the facilities required by the public in this territory, and which the proposed electric railroad can supply. The intent of section 59 of the Railroad Law is to forbid the building of unnecessary railroads. In this case, however, although there is an existing steam railroad, its stations are remote from the vil lages. It appears to the Board that the proposed road is neces