for a reduction of capital stock from $100,000 to $60,000. Ordered application approved. The Board heard Hon. C. M. Depew, president New York Central and Hudson River Railroad Company, a: d Asel Green, counsel for the New York and Putnam Railroad Company, in the matter of the application of the New York Central and Hudson River Railroad Company for approval of its lease of the New York and Putnam railroad. The hearing was adjourned until January eighteenth, at New York city, and the Secretary was directed to notify persons opposed to said lease. The Board heard Frank Rumsey, counsel, and F. D. McCreary, chief engineer of the Western New York and Pennsylvania Railroad Company, relative to the report of special inspection of the portion of said railroad in New York State. Ordered, that the hearing be adjourned until after the next inspection of the road by the inspector. The Board heard General Manager J. D. Hasbrouck, of the New Jersey and New York Railroad Company, in the matter of the complaint of residents of New City and vicinity, requesting additional train service. There being no appearance on the part of the complainants, the complaint was dismissed. Orders. In the matter of the application of the White Plains Railroad Company for a certificate under section 59 of the Railroad Law. Ordered, that the application be denied. In the matter of the Fulton Elevated Railroad Company for approval of an increase of capital stock from $300,000 to $1,500,000. Ordered, that the application be laid aside for further consideration. Miscellaneous. Letter of William P. Ervins, relative to the destruction of his wagon by a West Shore railroad train at Weedsport. The Secretary was instructed to inform him that he should apply to the courts for relief. Letter of Clarance C. Ferris, asking what, if any, proceedings had been taken before the Board by or on behalf of the New York and Long Island Bridge Company. The Secretary was instructed to reply that no application had been made by or on behalf of the said bridge company to this Board. The Secretary submitted the result of his examination of the fee book as follows: Hon. SAMUEL A. BEARDSLEY, Chairman : DEAR SIR.- In compliance with instructions from the Board, I have made an examination of the accounts of the Board and of the books in the Treasurer's office in relation to the receipts of this Board for fees, and find as follows: That the total amount reported as having been received by the Treasurer since the organization of the Board is $1,572.74; total amount appearing on the books of the Board, $1,547.74, leaving an excess on the Treasurer's books of $24.60, which may probably be accounted for by the omission in the past to credit all the fees received. Very respectfully, C. R. DEFREEST, Secretary. Adjourned until 2 P. M., January eighteenth, at the Hoffman House, New York city. NEW YORK, JANUARY 18, 1894. The Board met pursuant to adjournment. All present. Complaints. L. H. Palmer, of Gloversville, complained against the Fonda, Johnstown and Gloversville Railroad Company, alleging failure to obtain facilities for a coal yard in Gloversville. Complaint ordered transmitted to the company. Hearings. In the matter of the application of the New York Central and Hudson River Railroad Company for approval of its lease of the New York and Putnam Railroad Company, the Board heard Hon. Chauncey M. Depew, president of the New York Central and Hudson River Railroad Company, and Ashbel Green, counsel of the New York and Putnam Railroad Company, in favor of the application, and Simon Sterne and A. H. Holmes, in opposition. Hearing adjourned until Tuesday, January twenty-third, at 11 A. M., at the rooms of the Chamber of Commerce, in New York city. In the matter of the application of the Fulton Elevated Railroad Company for permission to increase its capital stock from $300,000 to $1,500,000, the Board heard Delos McCurdy, counsel for the company. Action deferred. The Board adjourned until January twenty-third, at 11 A. M., at the Chamber of Commerce, New York city. NEW YORK, JANUARY 23, 1894. The Board met pursuant to adjournment. All present. Complaints. In the matter of the complaint of the Standard Butter Company, of Owego, v. The Delaware, Lackawanna and Western Rai road Company, the answer of the complainants to the letter of the company was received and the case ordered closed. Rochmond & James, of Hoosick, complained against the Fitchburg Railroad Company, alleging insufficient freight and passenger accommodations at Hoosick. Complaint ordered transmitted to the company. William H. Dean complained against the Rome, Watertown and Ogdensburgh Railroad Company, alleging that the fences separating his property from that of the company were in bad condition. Complaint ordered transmitted to the company. Isaac G. Sands complained against the Philadelphia and Reading Railroad Company, alleging that the fences separating his property from that of the company were in bad condition. Complaint ordered transmitted to the company. A. L. Davenport complained against the New York, New Haven and Hartford Railroad Company, alleging unlawful charges for parcels. The Secretary was directed to write Mr. Davenport for further information. J. L. Mock and others v. The Delaware and Hudson Canal Company, as to station facilities at Douglass. The report of the inspector was received and ordered sent the company. Hearings. In the matter of the application of the New York Central and Hudson River Railroad Company, for approval of its lease of the New York and Putnam railroad, the Board heard the Hon. Chauncey M. Depew for the application and Simon Sterne in opposition. Decision reserved. In the matter of the application of the Fulton Elevated Railroad Company, for approval of an increase of capital stock from $300,000 to $1,500,000, the Board heard Delos McCurdy for the application. Referred to Commissioner Chapin. In the matter of the application of the West Side Railroad Company of Elmira, for an increase of capital stock from $100,000 to $300,000, the Board heard Boyd McDowell for the application. There being no appearance in opposition, the increase was ordered approved. Adjourned until Monday, the twenty-ninth instant, at 2 P. M., at Albany. ALBANY, JANUARY 29, 1894. The Board met pursuant to adjournment. All present. Complaints. Post & Schwab, of North Java, complained against the Attica and Freedom Railroad Company, alleging its non-operation. Complaint ordered transmitted to the company. Theodore W. Starbuck complained against the Brooklyn, Bath and West End Railroad Company, alleging a dangerous crossing at Blythebourne. Complaint ordered transmitted to the company. L. N. Palmer v. The Fonda, Johnstown and Gloversville Railroad Company, relative to facilities for coal yard in Gloversville. The company replied that it had no yard at its disposal. Letter ordered transmitted to the complainant. Frank S. Gardner v. The New York, Lake Erie and Western Railroad Company, alleging dangerous crossing at Mountainville station. The report and recommendations of the inspector were received and ordered transmitted to the company. Orders. In the matter of the application of the New York Central and Hudson River Railroad Company, for leave to lease the New York and Putnam railroad, under section 80 of the Railroad Law, a decision was rendered by the Board permitting the lease conditionally, and thereupon Mr. Ashbel Green, representing the New York and Putnam Railroad Company and the New York Central and Hudson River Railroad Company, presented an amended lease conforming to the requirements of the decision of the Board, and the consent to such amended lease was thereupon granted and ordered entered. Application of the Ninth Avenue Railroad Company and the Metropolitan Street Railway Company, for consent to change the motive power on the portion of the Ninth Avenue railroad between Fifty-third and Sixty-fourth streets, New York city, from horses to cable. Ordered hearing set down for February thirteenth, 11 o'clock, at the Chamber of Commerce, New York city, and notice advertised. The Board adjourned until February sixth, at 2 P. М. The minutes of the last meeting were read and approved. ALBANY, FEBRUARY 6, 1894. The Board met pursuant to adjournment. All present. Complaints. Richmond & James v. The Fitchburg Railroad Company alleging insufficient station accommodations. The answer of the company denying the allegations was received and ordered transmitted to the complainants. Post & Schwab v. The Attica and Freedom Railroad Company, alleging non-operation of the road. The reply of the company was received stating that the road had practically ceased operations. Ordered transmitted to the complainants. Theo. W. Starbuck v. The Atlantic Avenue Railroad Company of Brooklyn, Brooklyn, Bath and West End division, alleging dangerous crossing. The answer of the company was received to the effect that all possible precautions were now taken. Ordered transmitted to the complainant. W. N. Dean v. The Rome, Watertown and Ogdensburgh Railroad Company, relative to fences. The answer of the company was received stating that the matter had been adjusted and the complaint would be withdrawn. Ordered transmitted to the complainant. Joseph P. Higgins v. The Brooklyn and Brighton Beach Railroad Company alleging dangerous crossing. The report of the inspector was presented and ordered sent to the complainant. Hearings. The Board heard Judge Countryman in the matter of the application of the Johnstown, Gloversville and Kingsboro Railroad Company for approval of its lease to the Fonda, Johnstown and Gloversville Railroad Company. The Board decided to ask the opinion of the Attorney-General as to whether the consent of the Board is necessary for the lease of a street surface road by a steam railroad corporation. The Secretary submitted a number of letters from railroad companies in response to the invitation of the Board to attend a conference on the question of grade crossings, and the Board heard F. H. Van Vechten and W. J. Kelly, representing the Long Island Railroad Company; W. D. Uhl, representing the Fitchburg Railroad Company; J. S. Allen, representing the New York, Lake Erie and Western Railroad Company, and R. B. Adams, representing the Buffalo Grade Crossing Association. It was decided to have another conference on this subject in New York. Then, on motion, the Board adjourned until February thirteenth, 11 A. M., at the Chamber of Commerce, New York city. NEW YORK, FEBRUARY 13, 1894 The Board met pursuant to adjournment. All present. Complaints. Residents of Norwood v. The Ogdensburgh and Lake Champlain Railroad Company, alleging dangerous crossing. Letter of N. M. Claflin, representing the complainants, stating that no agreement had as yet been reached with the railroad company. Letter placed on file. The Standard Butter Company, of Owego, v. The Delaware, Lackawanna and Western Railroad Company. Letter of the complainant was received acknowledging communication showing the cause of complaint had been removed and the case was ordered closed. Hearings and Petitions. In the matter of the application of the Ninth Avenue Railroad Company for approval of the Board of a change of motive power from horses to the cable system on Amsterdam avenue between Fifty-third and Sixty-fourth streets, Henry A. Robinson appeared for the railroads; there was no appearance in opposition. Mr. Robinson presented, in addition to papers already filed, the consents of property holders and decision was reserved. Henry W. Wiggins appeared in behalf of the Middletown-Goshen Traction Company and made two applications; one to change motive power from horses to trolley system, and the other for leave to cross the tracks of the New York, Lake Erie and Western railroad at Middletown under chapter 239 of the Laws of 1893. Mr. Wiggins filed with the Board the consent of the local authorities in both cases, and in the case of the crossing of the Erie railroad tracks he filed, a contract with the Erie company and the consent of such company. The contract with the Erie company provides for proper protection at the crossing. The application for leave to cross the tracks was granted and the order directed to be issued. The application for approval of a change of motive power was set down for hearing on the twenty-sixth inst. at Albany, at two o'clock, and notice of hearing ordered advertised. An application was presented by William E. Robeson, division superintendent Boston and Albany railroad, for a modification of the order of the Board n ade November 27, 1893, approving of interlocking switch and signal apparatus at crossing of the Boston and Albany and New York Central and Hudson River railroad tracks in East Albany, asking for leave to keep the home signal at such crossing where it now stands. Application ordered granted and first order modified as per order issued. In the matter of the application of the Fonda, Johnstown and Gloversville Railroad Company, for leave to lease the Johnstown, Gloversville and Kingsboro railroad, a letter of the Attorney-General was presented stating that in his opinion the consent of the Board was necessary. Thereupon the consent was granted conditioned upon the lessee, the Fonda, Johnstown and Gloversville Railroad Company, rendering at least as good service on the lessor road (the Johnstown, Gloversville and Kingsboro railroad) after the lease as was rendered before. The Secretary submitted the petition of the Chazy Railroad Company for a certificate under section 59 of the Railroad Law. Ordered, hearing set down for February twentieth, 2 P. M., Albany, and notice of hearing advertised. Then, upon motion, the Board adjourned until February twentieth, 2 P. M. ALBANY, FEBRUARY 20, 1894. The Board met pursuant to adjournment. Present: Commissioners Beardsley and Rickard. The minutes of the last meeting were read and approved. 1 Complaints. Residents of Norwood v. The Ogdensburgh and Lake Champlain Railroad Company, relative to a dangerous crossing. Letter of Levi Hasbrouck, counsel for the company, was received stating a flagman would be placed at the crossing. Ordered transmitted to the complainants. Theodore M. Starbuck and others v. The Brooklyn, Bath and West End Railroad Company, relative to placing a flagman at the junction of New Utrecht avenue and Cowenhoven's lane. A hearing was ordered set down for Friday, February twenty-third, at 2 P. M., at the New Utrecht town hall. William Dean, of Carlton, v. The Rome, Watertown and Ogdensburgh Railroad Company, relative to barbed wire fence. Mr. Dean withdrew the complaint, and the case was ordered closed. Frank S. Gardner v. The New York, Lake Erie and Western Railroad Company, relative to dangerous crossing near Mountainville. Letter from Mr. Gardner, asking copy of inspector's report. Ordered forwarded. Isaac G. Sands v. The Philadelphia, Reading and New England Railroad Company, relative to fences. Letter of J. K. O. Sherwood, receiver, stating fences would be repaired. Ordered forwarded to the complainant. Nickerson & Church v. The Delaware and Hudson Canal Company, relative to discrimination in freight rates. Letter from A. D. Wales, for complainants, relative to postponement of hearing. Residents of Douglass v. The Delaware and Hudson Canal Company, relative to train facilities. Letter of the company stating certain trains would be stopped at Douglass. Case ordered closed. Hon. C. W. Stapleton and others v. The New York, Ontario and Western Railroad Company. Complaint filed, relative to insufficient station accommodations, and ordered transmitted to the company. Residents of the Village of Eastport v. The Long Island Railroad Company. Complaint filed, relative to obstructed crossing, and ordered transmitted to the company. Orders and Petitions. In the matter of the petition of the Metropolitan Street Railroad Company of New York city, for permission to change the motive power on the Ninth Avenue line, between Fifty-third and Sixty-fourth streets, from horses to cable. Order granted, with usual restrictions. In the matter of the application of the Chazy Railroad Company, for a certificate under section 59 of the Railroad Law, John I. Platt appeared for the application, no one in opposition. The certificate was ordered granted upon the company filing proof of publication of the notice of hearing. Then, on motion, the Board adjourned to meet at New Utrecht, Friday, February twenty-third, at 2 P.M. |