References, Complaints and Applications.

The Board during the past year has considered and disposed of a greater volume of business than in any previous year of its existence. Meetings have been more frequent; many of the cases considered have been of unusual importance to both public and private interests, and in several instances appeals have been taken to the courts to review the determinations of the Board. Thus far the Board has been sustained by the General Term of the Supreme Court in every appeal in which a decision has been handed down. Appeals in three cases are now pending, and the Board has notice of other cases that are likely to be carried to the courts. Elsewhere in this volume will be found in full all opinions and decisions of the Board, together with the decisions of the courts in cases in which a determination has been reached.

Among the cases considered and disposed of by the Board during the year may be enumerated: References from the Governor, 1; complaints of railroads, cities, towns and individuals, 43; applications to use the overhead trolley system, 16; for increase of capital stock, 13; for certificate under section 59 of the Railroad Law, 11; for permission to cross tracks of other railroads at grade, 2; investigation of trolley accidents, 7; applications for approval of crossing sign, 1; for abandonment of part of route, 3; for approval of change of name of company, 1; for permission to change gauge, 2; approval of cooking ranges in cars, 2; for permission to change location of station, 2; for establishment of new station, 1; to discontinue full stop at crossing, 1; for exemption in the matter of air brakes, 1; decisions in accident cases on steam roads, 7. In addition to the above, 518 inquiries, covering all matters relating to railroad management and operation, were given required attention and investigation, and a large and constantly increasing volume of general correspondence has been promptly disposed of. The work of the Board has not been permitted to get in arrears, as will be seen from the small number of cases pending at the close of the year. In the matter of complaints of cities, towns, and individuals, the railroad companies have, as a rule, promptly complied with all

recommendations of the Board, in many cases the railroad companies recognizing the justice of the complaints upon presentation and voluntarily removing the cause thereof. There was not a case during the year requiring the intervention of the AttorneyGeneral to enforce the recommendations of the Board.

Rates.

There were no cases before the Board of any importance during the year ending June 30, 1895, regarding overcharges in the matter of freight transportation. The few complaints presented were either amicably adjusted or were found upon investigation to be without merit. Three complaints have been made relative to passenger charges. One was against the Manhattan Elevated Railway Company of New York, disputing the right to collect a five-cent fare from passengers riding on the New York, New Haven and Hartford cars between the Willis avenue station on the latter road and the One Hundred and Twenty-ninth street station on the elevated road. The Board decided the case adversely to the complainants, and this decision is to be reviewed by the courts. The second case was against the Staten Island Rapid Transit Railroad, relative to alleged overcharge and the giving of rebate tickets to be redeemed within an hour after receipt. This case is still pending, but is likely to be amicably settled. The third case was against the Pelham Park and City Island Surface Street Railroads of New York city for charging a ten-cent fare. The complainants contended that the companies were practically indentical in organization and operation and that they returned to a pretended separate existence in August last, to avoid the consequences of the Pelham Park Act, the act annexing a part of Westchester county to the city of New York, and the act prohibiting the charging of more than five cents within the limits of a city or incorporated village. The companies admitted changing the method of operation as alleged, but claimed continuous separate existence, and that the question of fare was not affected by the park act or the annexation act. The Board, not passing upon the question of separate existence or method of operation

of the defendant companies, dismissed the complaint on the ground that neither the act by which the city of New York acquired what is known as Pelham Park, or the annexation act of 1895, had the effect of compelling the defendant company or companies to charge but a single fare of five cents. It is understood the complainants will take steps to have the decision reviewed by the courts. The questions involved in this case are new and somewhat novel, and a determination of the effect of the annexation act and of the park act upon the rate of fare by railroads brought within the city limits by said acts is desirable.

Joint Traffic Association.

In this volume will be found in full the articles of organization of the new Joint Traffic Association, which were adopted by the thirtyone trunk lines that are parties thereto on November 19, 1895, and went into effect on January 1, 1896. The objects of the organization as set forth in the agreement are "to co-operate with each other and adjacent transportation associations to establish and maintain reasonable and just rates, fares, rules and regulations on state and interstate traffic, to prevent unjust discrimination and to secure the reduction and concentration of agencies and the introduction of economies in the conduct of the freight and passenger business."

The effort to amend the fifth section of the Interstate Commerce Act so as to legalize pooling having failed, the above mentioned agreement has been entered into as the best possible substitute in view of the restrictions of existing laws, it having been carefully prepared, so it is claimed, to avoid conflicting with or violating any national or state laws. Upon the subject of pooling this Board replied to an inquiry of the Interstate Commerce Commission, on November 22, 1892, as follows: "This Board considers it both advisable and practicable to amend the fifth section of the Act to Regulate Commerce, so as to legalize such contracts between existing roads as would tend to diminish unlawful discrimination and preference of rates and to maintain legally authorized and reasonable rates. It feels that the prohibition of pooling should be repealed

and that the practice should be permitted under the supervision of the Interstate Commerce Commission."

Nothing has occurred to alter the opinion then expressed, and the Board believes that if the purposes of the Joint Traffic Association are strictly carried out much benefit will accrue to shippers through the maintenance of uniform and stable rates and that the railroad companies will secure greater economy in management.

Physical Condition of Railroads.

The railroads of this State are constantly improving in the matter of permanent maintenance of way, and, notwithstanding the financial depression, many betterments were added upon all the main lines during the year looking to increased safety in transporta

tion.

The danger of facing switches is being eliminated as rapidly as possible upon all the principal roads. The practice of spiraling and relining curves by instrument is receiving greater attention, as is also the proper elevation of outer rails. The old "rule-ofthumb" method of adjusting curves has given way to modern scientific formula, and the principal roads are placing and keeping curves in better adjustment for speed of trains. Derailing switches are coming into more general use upon spur lines and sidings having a down grade to the main track, and another year will no doubt see all the roads fully equipped in this very im portant particular. Many of the single-track roads are making dead ends where feasible on sidings, thereby reducing to a minimum the facing switch evil. Clearance marks at switches are being placed by many of the roads. Interlocking and safety devices are rapidly being put in at dangerous points, the improvement in this direction being particularly noteworthy during the past year.

The tendency toward the use of heavier rail is noticeable upcn all the principal lines. Eighty pounds per lineal yard is not now considered of extra weight, Ninety and 100-pound rails are in

use to a considerable extent, particularly at stations and where the traffic is unusually heavy, and in the near future the latter will probably be the standard weight upon all passenger tracks of the trunk lines which operate fast trains.

Tie-plates have been used extensively during the past year with good results. In the use of ballast there is a wide difference of opinion as between broken stone and good gravel. In some instances roadmasters, who have had experience with both, strongly favor gravel of walnut size, contending that it furnishes an easier roadbed for traffic and is not so expensive to keep in first-class condition. The strongest argument in favor of broken stone is the increased comfort to passengers by the avoidance of dust.

A number of steel superstructures have taken the place of wood the past year. Open-hearth steel is now used for structural purposes upon all the principal lines, and great care is being taken to insure the strongest available construction. Rolled I-beams have been utilized for minor openings to a considerable extent. Built beams are stronger and more positive and should be used instead of the rolled beams. Considerable trestlework has received attention, and many of these troublesome and dangerous structure have, upon the recommendation of this Board, been completely filled in; others, where filling is impossible, have been rebuilt, notably on the New York, Ontario and Western Railroad, where one new steel trestle of 850 feet has been erected and another of 1,000 feet is in course of construction.

A few of the roads still retain stub switches. The Board recommends their speedy removal and the substitution of split point or some other safety switch, as required by the Railroad Law.

Generally speaking, the railroads of this State are abreast of the times in the use of all recognized safety devices, both in maintenance of way and equipment of rolling stock. The best evidence of this fact is shown by the comparison under head of accidents between the statistics of this State and those of the State of Pennsylvania.