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INDEX.
NEW YORK AND BROOKLYN BRIDGE.
PAGE
Agreement, The Kings County Elevated Railway Company-Station   Connection.............................................  5
Agreement, The Brooiklyn City & Newtown Railroad CompanyW ashington  Street  Siding....................................  II
Agreement, The Nassau Electric Railroad Company-Washington
Street  Siding................................................  I5
Agreement, The Brooklyn Heights Railroad Company (Trolley)....      I9
Agreement, Associated Trolley Companies-Relative to operation over
New York and Brooklyn Bridge..............................      37
Agreement (Original), Brooklyn Elevated Railroad Company......      5I
Agreement (Original), The Kings County Elevated Railway Company........................................................  65
Agreements (modified), Brooklyn Elevated Railroad Company and
The Kings County Elevated Railway Company................       79
/
WILLIAMSBURGH BRIDGE.
Agreements, The Brooklyn Heights Railroad Company, New York
City Railway Company, The Coney Island & Brooklyn Railroad
Company, Bridge Operating Company for operation of Surface
C ars.......................................................  ioo




I\




AGREEMENT.


THE KINGS COUNTY ELEVATED RAILWAY COMPANY.
STATION CONNECTION.
THIS AGREEMENT, made this eighth day of November,
in the year eighteen hundred and ninety-four, between THE
TRUSTEES OF THE NEW YORK and BROOKLYN BRIDGE (hereinafter called "THE TRUSTEES ") of the first part and THE KINGS
COUNTY ELEVATED RAILWAY COMPANY (hereinafter called
"THE COMPANY ") of the second part, WITNESSETH:
That the parties in consideration of the premises, the nfutual
agreements herein contained and of One Dollar paid by each
to the other, the receipt whereof is hereby acknowledged, mutually agree as follows:
First-The Trustees agree to construct and maintain the elevated passenger terminal platform and connecting stairways,
within and over the property of the Trustees between Sands and
High streets according to the plan deposited in the office of the
Trustees marked " New Brooklyn station, 3d story plan, Drawing 4102, December 2, I892."
Second-The Trustees hereby lease for the term of ten years
from the completion of said platform and stairways to the Company and its successors, the right to have passengers seeking
and leaving the railroad of the Company, and its officers and
servants enter upon and pass over the portion of the said elevated passenger terminal platforms and stairways which are




6


within the red lines upon the diagram hereto annexed. " The
Trustees " agrees that it will during that term heat and light the
premises and keep them in repair.
"The Company " agrees that it will, during said period, pay
to " The Trustees " as an annual rent the sum of Four Hundred
Dollars ($400) in equal quarterly installments commencing from
the time when the premises shall be completed.
AND IT IS AGREED that if any payment shall remain due and
unpaid thirty days after the same becomes due and payable, or
if default shall be made in any of the covenants herein contained,
then it shall be lawful for " The Trustees " to re-enter the premises and to remove all persons and all structures therefrom, and
also all structures and connections of said railroad company over
or upon the plaza or other bridge lands, and the expense of such
removal shall be borne by the latter.
" The Company " covenants that it will not at any time during
the continuance of this lease, either hinder or obstruct "The
Trustees " from making such changes in the station, platform,
tracks, etc., as "The Trustees " may desire, provided, however,
that no change shall be made which shall substantially alter the
character of the premises hereby leased or substantially affect
its use by " The Company," without its consent, and all changes
shall be at the expense of said " The Trustees."
IT IS 'IUTUALLY UNDERSTOOD AND AGREED that "The Company" shall care for all persons leaving its railroad, except employees of " The Trustees," until they enter upon the Bridge platform and leave the stairway leading thereto, and leaving the
Bridge railroad and seeking " The Company's " elevated railroad
from the time they first enter upon the stairway leading from the
Bridge platform to the elevated railroad platform, and to this
end "The Company" shall have the police and care of everything above the level of the Bridge platform, and "The Company " covenants that it will indemnify and save harmless " The
Trustees " from all liability to all persons, except as aforesaid,
leaving or seeking its elevated railroad while upon or above the
stairway from the Bridge to its railroad platform, except from
injuries caused solely by the acts of negligence of said "The
Trustees " or their servants.




7


" The Company " further agrees that it will during the continuance of this lease, indemnify and save harmless " The Trustees," its agents and servants from all liability for accidents to
persons or property arising anywhere on the premises hereby
demised, from any negligence of the agents or servants of " The
Company." " The Company " covenants that the premises occupied by it shall be kept clean at its expense, and to the satisfaction of the Engineer of "The Trustees."
Third-" The Trustees" license "The Company " to construct and maintain, at the expense of the latter, during the
continuance of this agreement, the foot walk or gallery, extending from the Sands street terminal of " The Company" to the
demised premises, the location and construction of such foot
walk or gallery to be according to the plan hereto annexed, and
to be approved of by the Engineer of " The Trustees."
Fourth-" The Trustees," so far as it has the power grants
to "The Company" the right and easement to construct its
proposed elevated railroad terminal station and tracks upon and
over the plaza between High, Sands, Fulton and Washington
streets. The number and position of the columns upon the plaza
shall be substantially as shown upon the annexed plan.
In case it shall be found in construction that for engineering
reasons the position of the columns should be different from those
indicated upon the plan, they may be changed as required, provided the previous written approval of the Engineer of the Bridge
shall have been obtained. All construction under this contract
shall be according to the said plan hereto annexed, and in every
respect such construction shall be to the full satisfaction of the
Engineer of " The Trustees."
Fifth-This agreement is made for the convenience of the
traveling public seeking and leaving the Bridge. "The Company" agrees to receive, discharge and distribute their passengers at the Brooklyn Bridge station in accordance with the regulations which may be made by " The Trustees" from time to
time for the accommodation of the public.




8


IN WITNESS WHEREOF the parties hereto have caused these
presents to be signed by their respective Presidents and Secretaries, and their corporate seal to be hereto affixed, the day and
year first above written.
In presence of
SAM'L K. PROBASCO.
THE KINGS COUNTY ELEVATED RAILWAY Co.,
[SEAL.]                       By JAMES JOURDAN,
President.
Attest:
H. J. ROBINSON.
Secretary.
THE TRUSTEES OF THE NEW YORK AND BROOKLYN BRIDGE.
[SEAL.]                         JAMES HOWELL
President.
HENRY BEAM,
Secretary.




9


STATE OF NEW   YORK, '
County of Kings,   Ss
On this ninth day of November, in the year eighteen hundred
and ninety-four (I894), before me personally came and appeared
James Howell, to me known and known to me to be the President
of The Trustees of the New York and Brooklyn Bridge, who,
being by me duly sworn, deposed and said that he is the President
of said The Trustees of the New York and Brooklyn Bridge; that
he resides in the City of Brooklyn; that he knows the corporate
seal of said corporation; that the seal affixed to the foregoing instrument is such corporate seal, and that he affixed it thereto as
President of the said corporation by authority of the Trustees of
said corporation, and that he signed his name thereto as President
by the like authority.
HENRY BEAM,
Notary Public,
Kings County.
STATE OF NEW   YORK, S..
County of Kings,  j
On this eighth day of November, in the year eighteen hundred
and ninety-four (I894), before me personally came and appeared
James Jourdan, to me known and known to me to be the President of The Kings County Elevated Railway Company, who being
by me duly sworn, did depose and say that he is the President of
the said Company; that he resides in the City of Brooklyn; that he
knows the corporate seal of said Company, and that the seal affixed
to the foregoing instrument is such corporate seal, and that he
affixed it thereto as President of the said corporation by authority
of the Trustees of said Company, and that he signed his name
thereto as President by the like authority.
SAML. K. PROBASCO,
Notary Public.
Kings County.




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II


AGREEMENT.
THE BROOKLYN CITY & NEWTOWN RAILROAD CO.
WASHINGTON STREET SIDING.
MEMORANDUM OF AGREEMENT, made this i5th day
of February, I896, by and between THE TRUSTEES OF THE NEW
YORK AND BROOKLYN BRIDGE, party of the first part, hereinafter
called "THE TRUSTEES" and the BROOKLYN CITY AND NEWTOWN RAILROAD COMPANY, party of the second part, hereinafter
called "THE RAILROAD COMPANY."
WHEREAS, "The Trustees" are authorized to improve the
terminal facilities of the New York and Brooklyn Bridge, and
are engaged in making such improvements, and among others in
improving the connection between the Bridge and the railroad of
"The Railroad Company."
Now, THEREFORE, THIS AGREEMENT WITNESSETH:       That
"The Trustees " do hereby license and permit "The Railroad
Company ". to enter upon the lands acquired by the Trustees of
the New York and Brooklyn Bridge for Bridge purposes between
Sands and High streets and next to the Bridge passenger depot,
and to construct terminal tracks and to operate the railroad of
"The Railroad Company" during the pleasure of "The Trustees," at the yearly license fee or sum of five hundred dollars, to
be paid in two equal semi-annual payments on the 20th days of
February and August in each and every year.
"The Railroad Company" covenants that it will remove its
tracks from the lands aforesaid, abandon the operation of its
railroad upon notice of three months from " The Trustees" requiring such removal and abandonment, and thereupon that it
will restore the lands to their present condition.
" The Railroad Company " further covenants to make its construction according to the plan or diagram hereunto annexed,
made part hereof, and that such construction and subsequent
operation shall be to the satisfaction of " The Trustees."




12


"The Trustees " reserve all right to make ordinances for the
regulation of the premises in question and the use thereof, under
the laws relating to the New York and Brooklyn Bridge, and
authorizing the enactment of ordinances by ' The Trustees."
IN WITNESS WHEREOF, the parties have caused these presents
to be signed by their Presidents and their respective seals to be
hereunto affixed the day and year first above written.
TRUSTEES NEW YORK AND BROOKLYN BRIDGE,
JAMES HOWELL,
President.
[SEAL.]
Attest:
HENRY BEAM,
Secretary,
BROOKLYN CITY AND NEWTOWN R. R. Co.,
By JOHN N. PARTRIDGE,
President.
[SEAL.]
Attest:
DUNCAN B. CANNON,
Secretary.
STATE OF NEW YORK, ]
City of Brooklyn,  Sss.:
County of Kings,  J
On this I7th day of February, I896, before me came James
Howell, with whom I am personally acquainted, who being by me
duly sworn, says that he resides in The City of New York, and is
the President of The Trustees of the New York and Brooklyn
Bridge above named; that he knows the corporate seal of said
corporation; that the seal affixed to the foregoing instrument is
such corporate seal; that it was affixed by order of the Board of
Trustees of said corporation, and that he signed his name thereto
as President by the like authority and direction.
GEORGE V. S. WILLIAMS,
[SEAL.]                          Notary Public,
Kings County.




I3
STATE OF NEW YORK,]
City of Brooklyn,  )ss.:
County of Kings,  J
On this I5th day of February, I896, before me came John N.
Partridge, with whom I am personally acquainted, who being by
me duly sworn, says that he resides in the City of Brooklyn, and
is the President of the Brooklyn City and Newtown Railroad
Company above named; that he knows the corporate seal of said
company; that the seal affixed to the foregoing instrument is such
corporate seal; that it was affixed by order of the Board of
Directors of said company, and that he signed his name thereto
as President by the like authority and direction.
S. H. WILKINS,
[SEAL.]                         Notary Public,
Kings County.




4




Oversize




I5


AGREEMENT.
THE NASSAU ELECTRIC RAILROAD COMPANY.
WASHINGTON STREET SIDING.
MEMORANDUM OF AGREEMENT, made this second day of July,
1896, by and between THE TRUSTEES OF THE NEW YORK AND
BROOKLYN BRIDGE, party of the first part, hereinafter called the
"TRUSTEES," and THE NASSAU ELECTRIC RAILROAD COMPANY,
party of the second part, hereinafter called the " RAILROAD COMPANY."
WHEREAS, The "Trustees" are authorized to improve the
terminal facilities of the New York and Brooklyn Bridge, and
are engaged in making such improvements, and among others in
improving the connection between the Bridge and the railroad
of the "Railroad Company,"
Now, THEREFORE, THIS AGREEMENT WITNESSETH: That the
"Trustees" do hereby license and permit the "Railroad Company" to enter upon the lands acquired by the "Trustees" of
the New York and Brooklyn Bridge for bridge purposes in the
City of Brooklyn, on the westerly side of Washington street
between the southerly side of High street and the northerly side
of Concord street and adjoining the sidewalk as the same now
exists along the westerly side of Washington street between the
points aforesaid, and to construct its track and operate the railroad of the said "Railroad Company" by electric power during
the pleasure of the "Trustees," at the yearly license fee or sum
of One Thousand Dollars, to be paid in four equal quarterly payments on the first days of October, January, April and July in
each and every year.
The "Railroad Company" covenants, that it will remove
its track from the lands aforesaid, abandon the operation of its
track upon notice of three months from the "Trustees" requiring such removal and abandonment, and thereupon that it will




i6


restore the lands and street where such track shall be located
to their present condition at the sole cost and expense of said
Railroad Company."
The " Railroad Company " further covenants to make its construction and locate, maintain and keep its track in the position
and location shown upon and according to the plan or diagram
hereunto annexed and made part hereof, upon which plan the
track of the " Railroad Company " so to be located, constructed
and maintained is marked with the words: " Track of The Nassau Electric Railroad Company," located by C. C. Martin, Chief
Engineer, and that it will in such construction and location follow
the directions of the Chief Engineer of the party of the first part
upon the lines to be staked out by him, and that such construction
and subsequent operation shall be to the satisfaction of the
" Trustees."
It is hereby especially covenanted and agreed by and between
the parties hereto, that under no circumstances shall the "Railroad Company" so construct or maintain its track as to reduce
or diminish the space or headroom between the surface of Washington street and Nassau street at the crossing of said streets
and the structure of the "Trustees" over the same, and that
should the surface of such streets at such crossing be hereafter
lowered by action of the authorities of the City of Brooklyn that
the said "Railroad Company" will conform the construction of
its track to such lowering, and place and construct and maintain
the same upon the surface of the said crossing as thus lowered,
and should such lowering occur after the track of the Railroad
is constructed, that the Railroad will change and lower its track
in conformity with the provisions of this instrument, at its own
cost and without expense to the "Trustees."
The " Trustees " reserve all right to make ordinances for the
regulation of the premises in question and the use thereof under the laws relating to the New York and Brooklyn Bridge,
and authorizing the enactment of ordinances by the " Trustees."




I7


IN WITNESS WHEREOF, The parties have caused these presents to be signed by their Presidents, and their respective seals
to be hereunto affixed, the day and year first above written.
NASSAU ELECTRIC RAILROAD COMPANY,
[SEAL.]                     By A. L. JOHNSON,
President.
Attest:
JAMES CHURCH,
Secretary.
TRUSTEES, NEW YORK AND BROOKLYN BRIDGE,
By JAMES HOWELL,
President.
[SEAL.]
Attest:
HENRY BEAM,
Secretary.
STATE OF NEW    YORK, 'S.
County of Kings,     s
On this 2d day of July, I896, before me came James Howell,
with whom I am personally acquainted, who being by me duly
sworn says that he resides in the City of Brooklyn and is the
President of The Trustees of the New York and Brooklyn
Bridge, above named; that he knows the corporate seal of said
corporation; that the seal affixed to the foregoing instrument is
such corporate seal; that it was affixed by order of the Board of
Trustees of said corporation, and that he signed his name thereto
as President by the like authority and direction.
HENRY BEAM,
Notary Public,
Kings County.




I8
STATE OF NEW    YORK,.S...
County of Kings,      *
On this 2d day of July, I896, before me came Albert L.
Johnson, with whom I am personally acquainted, who, being by
me duly sworn, says that he resides in the City of Brooklyn and
is the President of The Nassau Electric Railroad Company, above
named; that he knows the corporate seal of said Company; that
the seal affixed to the foregoing instrument is such corporate seal;
that it was affixed by order of the Board of Trustees of said Company, and that he signed his name thereto as President by the like
authority and direction.
CHARLES W. CHURCH, JR.,
Notary Public,
Kings County.




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19


AGREEMENT
TRUSTEES OF THE NEW YORK AND BROOKLYN
BRIDGE
AND
BROOKLYN HEIGHTS RAILROAD COMPANY
AUGUST 23, I897.
THIS AGREEMENT, made this 23d day of August, I897,
between THE TRUSTEES OF THE NEW     YORK AND BROOKLYN
BRIDGE, party of the first part, and THE BROOKLYN HEIGHTS
RAILROAD COMPANY, party of the second part, WITNESSETH:
That the party of the first part, for and in consideration
of the payments to be made to it by the party of. the
second part, and of the faithful, just and full performance of
the undertakings, covenants and agreements to be by the
said party of the second part performed and carried out as
hereinafter set forth, doth, subject to the conditions and restrictions herein provided and expressed, grant and lease to the
party of the second part the right and privilege to enter upon
the premises of the party of the first part with its cars for the
transportation of passengers, and to transport the cars of the said
party of the second part and the passengers using and traveling
in said cars across its Bridge, subject, however, in all things to
the control and direction of the Chief Engineer of the party of
the first part.
And the terms upon which this lease, license, privilege or
grant is made, the conditions subject to which the rights hereby
conferred upon the party of the second part are to be exercised,
and the covenants by said party of the second part to be observed
and performed are as follows, to wit:
First-The party of the second part shall arrange for the use
of a single track for passing from the City of Brooklyn to The




20


City of New York, which track shall be located-on the north side
of the north roadway of the said The New York and Brooklyn
Bridge; and for the use of a single track for passing from the
City of New York to the City of Brooklyn, which track shall be
located on the south side of the south roadway of the said The
New York and Brooklyn Bridge; and for tracks at or beyond
the present terminals of the said The New York and Brooklyn
Bridge in the City of New York, sufficient and proper for the
purpose of connecting the said two above-mentioned tracks,
which connecting tracks shall be so located, placed, situated,
constructed and used as shall in nowise interfere with the use
and operation by the Trustees of The New York and Brooklyn
Bridge of its railroad upon and across the said premises of the
said Trustees.
The cars of the said party of the second part shall be operated
and propelled across the said Bridge by electric power, to be
supplied by the said Railroad Company.
Said Railroad Company shall prepare the plans and do and
pay for the work, provided only that said plans shall be approved by the Chief Engineer of the party of the first part, and
the work be carried on subject to his approval and inspection,
and such plans are those hereto attached, and which it is hereby
covenanted are and constitute a part of this agreement.
Second-The location of the said tracks and of all curves and
of all switches, sidings, platforms and constructions of every
kind necessary to the use of said tracks on the said Bridge, its
approaches and terminals, shall be under the absolute control and
direction of the Chief Engineer of said Bridge, and no construction of any kind connected therewith or relating thereto
shall be had or used unless the plan or plans for the same have
been first submitted to the said Engineer and have been approved by him, and are hereto attached as aforesaid.
Third-The said Trustees,. the party of the first part, shall
permit the said Railroad Company, together with any other surface railroad company, should privileges similar to those herein
contained be extended by the said party of the first part to any
other surface railroad company, to construct a platform, elevators
and stairs at the New York terminal of said Bridge for the use of




21


said railroad companies and their passengers. Said platform, elevators and stairways shall be constructed at such point as shall be
designated by the Chief Engineer of the partyof the first part. The
party of the second part, either alone or together with any other
surface railroad company to whom privileges similar to those
herein contained shall be extended, shall prepare the plans and
do and pay for the work of such construction, provided always
that said plans shall be approved by the Chief Engineer of the
party of the first part, and the work be carried on subject to his
approval and inspection, and which plans are hereto attached as
aforesaid.
Fourth-The expense of all changes and additions necessary
in the construction upon said Bridge, or the approach thereto, in
order to permit the operation of said cars and the construction of
said tracks between New York and Brooklyn and connecting
tracks heretofore mentioned, and of all other tracks, switches,
platforms, elevators' and appliances of every kind and nature
required in connection therewith, and the repair and maintenance thereof, and the expense of operating said elevators shall
be borne and paid for by the party of the second part. And
the cost of whatever part of such changes, additions and construction, track and tracks, platforms and appliances of every
kind and nature, and of the repair and maintenance thereof, and
the expense of operating said elevators which shall be used by
more than one surface railroad company, or the necessity for
the creation of which shall be common to the bringing upon the
Bridge of the cars of more than one surface railroad company,
shall be borne by the several railroad companies to whom privileges similar to those herein set forth shall be extended, in such
shares and proportions as they may agree upon, or, if they fail
to agree, in such shares and proportions as the Trustees, the said
party of the first part, may determine. All plans, contracts for
labor and material necessary to the construction aforesaid, and
to the additions and changes and tracks aforesaid, and to the
entry upon the said premises of the Trustees, and the use and construction of tracks upon said premises, and the use of the tracks
upon and over said premises by said Railroad Company,
shall be made by said Railroad Company in its own name and
upon its own responsibility; all material necessary to be used




22


upon the said premises of Trustees shall be supplied by said
Railroad Companyj and any and all labor to be performed upon
said premises shall be performed by said Railroad Company,
and the cost thereof paid by said Railroad Company, before entering said premises of said Trustees with its cars.
All rights of way, franchises and property necessary to be
secured in order to construct the tracks upon which to- enter
upon and leave the said Bridge property' shall be secured and
paid for by the said Railroad Company in the manner hereinbefore provided.
Provided, only, that if privileges similar to those herein set
forth and expressed be extended to surface railroad companies,
other than the party of the second part, then, and in that event,
the contracts hereinbefore referred to shall be entered into by
all of said surface railroads, jointly, and upon their joint responsibility, and the said material shall be supplied at the joint cost
of said surface railroads, and the cost of the labor to be performed
upon the said premises of the said party of the first part shall,
likewise, be at the joint cost of said surface railroads, the proportions of which shall, if not agreed upon by and between the
said railroads, be determined and fixed as to each by the said
Trustees, and from such determination there shall, on the part
of said railroads, be no appeal.
All of such work and material shall be subject to approval
and rejection by the said Trustees. All of such construction
upon property belonging to the said Trustees of The New
York and Brooklyn Bridge shall become and be the property
of the said Trustees of the said New York and Brooklyn
Bridge when and as soon as work shall be begun or material
necessary to such construction shall be delivered upon the
premises of the party of the first part. All work done in pursuance of the terms of this contract by said Railroad Company
shall be so carried on as in no manner to interfere with, limit
or obstruct the operation by said party of the first part of its
railroad across said Bridge, and in such manner as not to
interfere with, limit or obstruct the use of the roadways of
said Bridge by the public in any manner so as to reduce the
use of each of said roadways to be left clear for public use to
less than ten feet.




23


The party of the first part doth hereby covenant and agree
that should privileges similar to those herein referred to be
extended to any stieet or surface railroad company other than
those entering into contracts with said party of the first part
similar to and executed simultaneously with the execution of
this instrument at any time subsequent to the completion of
the work herein and hereby contemplated and provided for,
such privileges shall be so extended upon terms similar to
those herein set forth, and upon further terms that all such
further companies shall be required to pay to said party of
the first part an amount equal to the proportion of the cost
of the work, material and labor and herein provided for,
which such company would have been compelled to pay had
it been one of the companies originally entering into the
agreements similar to this one, which payments shall be apportioned in the same manner that the pro rata cost shall be
apportioned among such original companies, but to which
there shall be added interest upon such amount so fixed from
the time of the last payment by original companies.
And said party of the first part doth covenant that, upon
receipt of such payment from such subsequently admitted
companies, it will distribute the same among the original companies in the same proportions as the payment made by them
shall bear to the said whole cost.
Fifth-The said Trustees shall have full and complete power
to make and adopt all rules and regulations which to them
shall seem reasonable and proper relating to the operation of
the cars of said Railroad Company over said Bridge, and the
operation of its elevators and of every other railroad company
to which privileges similar to those herein granted may be
extended, including the method of payment of tolls, the rate
of speed of said cars, the movement and headway thereof, the
style of cars to be used and the condition thereof, the switching of cars and the use of platforms, and governing and controlling all of the electrical equipment for operating the cars
of said Railroad Company upon and across the said Bridge,
which before being installed, and while being maintained,
shall, at all times, be subject to approval by the Chief Engineer of the said party of the first part, and to amend or alter




24


any such rules or regulations so as to secure the safety and
comfort of persons using the said Bridge, and to subserve the
purposes for which the said Bridge was constructed. But the
Railroad Company shall be allowed to place and retain advertising signs inside its cars.
The Railroad Company shall not bring upon the premises
of the party of the first part, or deliver to them for transportation across the Bridge, any cars in which smoking shall be
permitted while the cars of the said Railroad Company are upon
the premises of the party of the first part.
Sixth-All cars used on the Bridge service and all equipment and appliances relating thereto located on Bridge property shall be subject at all times to inspection by the Bridge
authorities, who shall have power to forbid rights on the
Bridge to cars that may, for any reason, be unsatisfactory,
and to direct the removal of any old or inadequate equipment
or appliances, and the substitution therefor for others of approved character.
Seventh-The said Railroad Company shall pay to the said
Trustees of The New York and Brooklyn Bridge the sum of
five per cent per round trip for each car operated or transported by said company across said Bridge; provided that,
pursuant to the provisions of Chapter 663, Laws I897, the said
party of the second part shall not by reason of the payments
by it to be made to the party of the first part as herein provided or otherwise, or for any reason whatever, " charge any
"fare in excess of, or additional to, the fare exacted by it from
"any passenger for one continuous ride upon any of its routes
"in either of the cities of New York or Brooklyn, as the case
"may be, so that the said route of said Corporation operated
"across said Bridge hereunder, so far as the exaction of a
"fare is concerned, shall be taken and deemed to be a part of
"the continuous route, or one of the continuous routes, of
"the said Railroad Corporation whereon one fare is exacted,
"so that no extra or additional fare shall be exacted by said
"party of the second part from any passenger carried to or
"from the Bridge and across the Bridge in addition to the
"fare exacted from such passenger for carriage to and from
"the Bridge only."




25


Eighth-The said Railroad Company shall protect and hold
harmless the said Trustee from and against all losses, damages
and claims for damages, actions, recoveries, costs, disbursements and expenses of every nature arising from, based upon,
connected with, or in any manner charged to be due to injury
to person or property received or sustained by any person
upon and in the cars of the said company whenever and
wherever upon the premises of said Trustees such injuries
may arise, be received or sustained, or which may be caused
by the cars of the said Railroad Company, or which may
arise from or be connected with the presence and operation
of such cars upon such premises or which shall in anywise be
connected with or arise out of the bringing of the said cars
upon the premises of the party of the first part, or transporting
or operating them upon, over or across the same, or which
may arise from or be connected with the making, building,
constructing, erecting or changing of any work, of every kind
necessary for the bringing of the cars of the party of the second part upon the said Bridge, and the operating and the
transporting of the same across the said Bridge, or in any and
every wise growing out of the use of the said Bridge and any
of the premises, appurtenances and appliances thereunto belonging, by the party of the second part.
And the said Railroad Company shall further protect and
hold harmless the said Trustees from and against losses, damages and claims for damages, actions, recoveries, costs, disbursements and expenses of every nature which may arise
or result from any failure or delay on the part of the said
Railroad Company to promptly and regularly operate and
transport its cars across said Bridge in either direction, or
for any delay or hindrance to said cars while in transit, from
whatever cause or reason such neglect or refusal or delay
may arise, or which may arise to any person using the said
Bridge in any way or manner who shall be injured in person
or property, or hindered or delayed in the use of said Bridge
by reason of any matter, thing or occurrence arising from or
connected with the operation of the cars across the said structure. And should there at any time occur a block upon.the
roadway of said Bridge, or interference with the use of said
roadway by the public by reason of the operation of the cars




26


of the said Railroad Company across the Bridge, the said
Railroad Company shall protect and hold harmless the said
Trustees from and against all claims or damages resulting from
the same. And should there be caused by the operation of the
said cars, or in any way connected therewith, any accident upon
such roadway, or elsewhere, the said Railroad Company shall
in like manner protect and hold harmless the said Trustees
against losses, damages, and claims for damages, actions, recoveries, costs, disbursements and expenses of every nature,
which may arise therefrom.
And the said Railroad Company shall further protect and
hold harmless said Trustees from and against any and all suits,
lets, hindrances, actions, recoveries, claims, damages, costs, disbursements and expenses of every kind, nature, amount and
description, which may arise, be made and presented, brought,
instituted, sustained or recovered on the ground of deprivation
of owners of property adjoining premises of the party of the
first part of light or air, or interruption of either, or of damages
of any and every nature consequent upon and resulting from the
bringing of the cars of said Railroad upon premises of party
of the first part and operating the same thereupon, and over
said premises and Bridge.
Ninth-The supervision, management and control of the
cars of the Railroad Company shall in every particular and at
all times be wholly exercised by the Trustees of The New York
and Brooklyn Bridge, within the discretion and at the dictation
of the Chief Engineer of said Trustees from the entering of said
cars upon the premises of said Trustees to the departure of said
cars from said premises, and the said Chief Engineer shall at
all times regulate and limit in his discretion the number of cars
of the said company which may be operated as aforesaid. But
the total number of cars so operated at any one time by all the
surface railroad corporations entitled so to operate the same,
shall be apportioned as nearly as practicable between such companies so that the number of cars permitted to be so operated
by each company shall bear the same proportion to the total
number so operated by all such companies, as the cost of construction borne by such railroad company in pursuance of the
Fourth Article hereof shall bear to the total cost thereof borne
by all such companies.




27


All employees of the party of the second part, motormen, conductors and others employed in connection with the operation
of the cars of the party of the second part, upon and over the
premises of the party of the first part, and in connection with
service to be rendered by the party of the second part upon the
said Bridge, shall be of good character, skilled in their respective
kinds of work, and satisfactory to the Trustees of the Bridge,
the party of the first part hereto, and there shall be and hereby
is reserved to the said Trustees the right to be exercised by the
Chief Engineer of the said party of the first part to refuse to
permit any such employees not satisfactory to said Trustees to
enter upon said premises, and to expel from said premises at any
time at his discretion any such employee who is not so satisfactory.
AND WHEREAS, it is in contemplation by and between the
parties to this agreement that privileges similar to those herein
contained and expressed are to be extended by the said Trustees,
the party of the first part, to surface railroad corporations other
than the party of the second part hereto; therefore, it is further provided and agreed that the use of all tracks, constructions,
changes, additions, platforms, stairways, appurtenances and appliances whatsoever upon the premises of the said party of the
first part may be by them granted, leased and extended to such
other railroad companies upon such terms, and subject to such
conditions as may be by said Trustees imposed; and especially
that in the joint use of the said tracks and appurtenances hereinbefore mentioned the Chief Engineer of the party of the first
part shall have and exercise full, unlimited arbitrary control
and power as to the total number of cars of all of said various
railroad companies to be permitted to enter upon the said premises and use the appliances thereof, which total number of cars
shall be apportioned between the different companies as aforesaid, and provide all rules and regulations which, in his judgment,
may be expedient and necessary to promulgate and enforce with
reference thereto.
Tenth-The term of the right and privilege hereby granted
to the party of the second part to enter upon the premises of
the party of the first part with its cars for the transportation of
passengers and to transport its cars and the passengers using




28


and traveling in the same across its Bridge, and to that end to
cross, intersect, join and unite its railroad with the railroad operated by the party of the first part, shall be terminable at the
option of either party hereto after expiration of ten years from
the date when this contract shall be duly executed, provided only
that if, in the opinion of the party of the first part, or its legal
successors, and of the Mayor of The City of New York, and of
the President of the Borough of Brooklyn, to be hereafter elected,
pursuant to the provisions of chapter 378 of the Laws of I897,
or in the opinion of the majority of them, it should be determined
that it is against the public interest to continue the operation of
the trains or cars of the party of the second part upon, over and
across the Bridge, or if the said party of the second part should
for itself determine that the facilities afforded it are inadequate
for its passenger service, then, and in that event, this agreement
and all of the rights and privileges granted to said party of the
second part and obligations assumed by it, shall be terminable
on and after three months' notice in writing by either party to
the other that it elects to determine said contract.
Eleventh-The said Roalroad Company before entering in
any manner upon the premises of the party of the first part
for the performance of any work necessary to make the connections, additions and changes hereinbefore provided for or for
the construction of the tracks and railroad hereby contemplated,
and the appliances and appurtenances to be used in connection
therewith, shall execute and deliver to the Trustees of said Bridge,
the party of the first part, its bond in the sum of One Hundred
Thousand Dollars and in such form and with such sureties as
the said Trustees shall prescribe (which bond shall be approved
as to form and manner of execution by Counsel for the said Trustees), conditioned that said Company shall promptly complete
the work entered upon by it as heretofore provided, and that if
it shall fail so to do that it shall pay to said Trustee of said
Bridge the necessary expenses of -completing the same or of
removing the whole or any portion of such work, structure, connections, changes, additions, tracks, platform, elevators, stairways, appurtenances and appliances which are or may be upon
the property of the said Trustees of the New York and Brooklyn
Bridge, and of restoring the said Bridge and all the premises




29


of the party of the first part, and all things appurtenant thereto,
to its and their present condition, whichever the said Trustees
shall elect to do; and further conditioned that the said Railroad
Company shall observe, obey and keep each and every rule and
regulation made and adopted by the said Trustees as hereinbefore
provided, and for the discharge of any and all liability hereby imposed and which may arise or be incurred pursuant to the provisions of this contract; and further conditioned that the said
Railroad Company shall and will faithfully, promptly and fully
pay to said Trstees the rental reserved and the charges hereby
imposed.
And for a failure and neglect to observe, obey and keep
such rules and regulations, or any of them, and for a failure
to promptly make payment to said Trustees of the rental reserved
and of the charges by this agreement imposed, the said Trustees
may revoke the said agreement, so far as it affects the said Railroad Company, and, thereupon said Railroad Company shall forfeit all rights and privileges theretofore enjoyed thereunder.
Twelfth-It is hereby covenanted, agreed and understood that
the foregoing license, grant and agreement, in all its parts,
does, and is intended to apply to the
Railroad Company, party of the second part, and to any and
all the legal successors of said Company and of and to its
rights, privileges and franchises.
Thirteenth-The said Railroad Company doth hereby further
covenant, promise and agree that for and in consideration of
the provisions of this instrument and of the privileges and
grants thereby extended to it by the party of the first part, it
will commence the work preparatory to the exercise of the
privileges hereby extended within ten days after the date of the
execution of this instrument, and that all of the said work
hereinbefore provided for as necessary to the operation of the
cars of the said Railroad Company over the Bridge shall be
fully completed, and said operation of cars be regularly comm!enced within six months after the date of the execution of
these presents, provided only, that should either the commencement, continuation or finishing of such work or the
operation of the cars of the said Railroad Company upon, over
and across the premises of the party of the first part be de



30o


layed by litigation, strikes or causes of delay not created by
the party of the second part, and not to be avoided by ordinary
precautions on its part, the time necessarily consumed in such
litigation and by such strikes or causes of delay aforesaid,
shall be added to the time herein provided for the beginning
and completion of the work aforesaid, and further provided
that for failure to comply with this provision of this agreement, or by reason of the institution by or at the instigation
of the said Railroad Company of litigation of any nature, instituted in any wise for the purpose of increasing the time
within which the provisions of this contract shall be put in
effect, the said party of the first part may, at the discretion of
this Board of Trustees, revoke each and every privilege hereinbefore contained and set forth, and upon such revocation all
work and material put upon the premises of the party of the
first part by the said Railroad Company shall be and become
forfeited to the Trustees without damage or compensation
therefor to the said Railroad Company.
It is hereby covefanted and agreed, that the said Railroad
Company shall not in any way enter upon the premises of
the party of the first part or commence any work or construction thereon, nor place any material to be used in such work
and construction upon the premises of the party of the first
part until all the work and construction to be undertaken and
performed by the party of the second part outside of the
property of the said Trustees, and necessary and sufficient
for the purpose of making the connection between the railroad
of the said party of the second part and that of the said Trustees, as hereinbefore provided, shall be fairly under way to
the end that all construction necessary to cross the Bridge
by cars of the aforesaid railroad may be completed at about
the same time; nor shall said Railroad Company enter upon
or do any work of construction upon the premises of said
Trustees until it shall have secured its right of way and removed any and every injunction that may have been granted
by a Court of competent jurisdiction.
And also that the said Railroad Company shall not in any
way interfere with the operation of the railroad operated by
the Trustees, pending construction necessary to connect the
railroad of the party of the second part with the Bridge, and




3'


permit its cars to be operated thereon, nor shall said railroad
company, use the structure of the Bridge for the storage of
material to be used in such work and construction, nor permit
its employees, or the employees of contractors, to use the
Bridge premises as a rendezvous or resting-place, but work
of construction is to proceed day by day without interruption,
except if the railroad company is enjoined from proceeding by
the Court, or in the event of strikes, or hindrances, or delays
beyond the control of the railroad tompany, and it is expressly stipulated that in all matters connected with construction and work on the premises of the Trustees, that the
Chief Engineer of the Bridge shall have absolute supervision
and control.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be subscribed by their respective Presidents and
their respective corporate seals to be hereto affixed this twentythird day of August, A. D., eighteen hundred and ninety-seven.
(Signed) TRUSTEES, NEW YORK AND BROOKLYN BRIDGE,
In presence of:
By WJLLIAM BERRI,
President.
[L. S.]
Attest:
HENRY BEAM,
Secretary.
BROOKLYN HEIGHTS RAILROAD COMPANY,
By C. L. RossITE,
President.
[L. S.]
T. S. WILLIAMS,
Secretary.




32


STATE OF NEW   YORK,
City  of Brooklyn, iss.:
County of Kings, J
On this twenty-third day of August, in the year eighteen
hundred and ninety-seven, before me personally came William
Berri, to me personally known, who being by me duly sworn,
did depose and say: That he resided in the City of Brooklyn;
that he was the President of the Trustees of The New York
and Brooklyn Bridge, the corporation described in and which
executed the foregoing instrument; that he knew the corporate
seal of the said The Trustees of the New York and Brooklyn
Bridge; that the seal affixed to the foregoing instrument was
such corporate seal; that it was affixed by order of said Trustees
and that he signed his name thereto 'as President by the like
order.
(Signed)       A. F. BRITTON,
Notary Public,
Kings County.
STATE OF NEW YORK, 1
City  of Brooklyn, Sss.:
County of Kings, J
On this twenty-third day of August, in the year eighteen
hundred and ninety-seven, before me personally came C. L.
Rossiter, to me personally known, who being by me duly sworn,
did depose and say: That he resided in the City of Brooklyn;
that he was the President of The Brooklyn Heights Railroad
Company, the corporation described in and which executed the. foregoing instrument; that he knew the corporate seal of the
said railroad company; that the seal affixed to the foregoing
instrument was stuch corporate seal; that it was affixed by order
of the Board of Directors of the said Brooklyn Heights Railroad
Company, and that he signed his name thereto by the like order
as President of the said.
(Signed)     A. F. BRITTON,
Notary Public,
Kings County.




33


SUPPLEMENTARY AGREEMENT
TRUSTEES OF THE NEW YORK AND BROOKLYN
BRIDGE
AND
BROOKLYN HEIGHTS R. R. CO.
SEPTEMBER 29, 1897.
THIS AGREEMENT, made this 29th day of September,
I897, between THE TRUSTEES OF THE NEW YORK AND BROOKLYN
BRIDGE, party of the first part, and THE BROOKLYN HEIGHTS
RAILROAD COMPANY, party of the second part, WITNESSETH,
that,
WHEREAS, a certain agreement made and entered into by and
between the parties hereto, dated the 23d day of August, I897,
provides for a grant by the party of the first part to the party
of the second part of a right and license to enter upon the premises of the party of the first part with its cars, and to have the
same and the passengers using the same transported across the
Bridge of the party of the first part to and fro between the cities
of Brooklyn and New York and for the exit from the premises of
the party of the first part with said cars and passengers upon
various and sundry conditions in said agreement set forth, in and
by which agreement it is specifically provided that one of said
conditions is that all entry upon and use of the premises of the
party of the first part shall be upon plans to be made and submitted by the party of the second part and approved by the
engineer of the party of the first part and attached to and forming part of said contract, and
WHEREAS, in accordance with the provisions of said contract,
plans were duly submitted, approved and attached to said agreement of August 23d prior to the execution thereof, and upon the
execution thereof became part and parcel of said agreement, and




34


WHEREAS, it has been since the execution of the said agreement of August 23d mutually arranged, consented to, agreed
and stipulated by and between the parties hereto that the said
contract of August 23d shall be modified in that there shall be
certain changes made in the plans above mentioned and referred
to, but that no other right, privilege, license, covenant, stipulation, agreement, condition or provision of the said agreement shall
in any wise be changed, but that each and every thereof shall be
maintained in full force, virtue and effect,
Now THEREFORE, IT IS HEREBY COVENANTED AND AGREED,
That 'the plans hereto attached, made and submitted by the
party of the second part and approved by the Chief Engineer
of the party of the-first part, shall be and hereby are upon execution of these presents substituted for the plans attached to
the said agreement of August 23d, I897, with like force and
effect as though the plans hereto attached had been the original
plans referred to in said agreement of August 23d, I897, and that
from and after the date of the execution of this instrument the
said agreement of August 23d, I897, shall be and is changed,
altered and modified in so far as the change of plans and modification has been affected by the change of plans herein set forth.
AND, WHIEREAS, the change, plans, made, submitted and
approved as aforesaid and by this Iustrument effected and made
a part of said agreement of August 23, as hereby modified,
necessarily results in certain verbal changes ill the said agreement of August 23, I897; it is hereby further covenanted and
agreed, that the aforesaid agreement shall in the followinig particulars be modified and changed as herein set forth.
The track which by paragraph " First " of said agreement was
to be located on the north side of the north roadway shall be
located instead on the south side of the north roadway and the
track which by the same paragraph of said agreement was to be
located on the south side of the south roadway shall be located on
the north side of the south roadway.
In the third paragraph of said agreement the word "elevators " twice occurring therein is in each case to be struck out
and the word " subways " in each case to be substituted.




35


In the fourth line of paragraph " Fourth" of said agreement
the word " elevators " is to be struck out and the word " subway" substituted.
In the fifth and sixth and in the eighth and ninth lines of
said paragraph the words "and the expense of operating said
elevators" are to be struck out.
In paragraph " Fifth " the fourth line the words "and the
operation of its elevators " are to be struck out.
And the said agreement of August 23, I897, as so modified
and changed, shall be of the same force and. effect as if the
changes here agreed to be made therein had been made before
the said agreement of August 23, I897, had been executed and
as if the plans hereto attached had been attached to said agreement at the time of its execution and delivery in the place and
stead of the plans which were originally attached thereto.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their respective Presidents and their
respective seals to be hereunto attached, the day and year first
above written.
THE TRUSTEES OF THE NEW YORK AND BROOKLYN BRIDGE,
[SEAL.]                    By WILLIAM BERRI,
President.
Attest:
HENRY BEAM,
Secretary.
THE BROOKLYN HEIGHTS RAILROAD COMPANY,
By C. L. ROSSITER,
President.
[SEAL.]
Attest:
T. S. WILLIAMS,
Secretary.




36


STATE OF NEW   YORK, S
County of Kings,  )
On this I4th day of October, I897, before mie personally
came William Berri, to me known and with whom I am personally acquainted, who being by me duly sworn, did depose
and say: That he resides at 40I Grand avenue, and is the
President of the Board of Trustees of the New York and
Brooklyn Bridge, the corporation described in and which executed the foregoing instrument as party of the first part; that
he knows the corporate seal of said corporation; that the seal
affixed to the foregoing instrument is such corporate seal, and
was affixed thereto by order of the Board of Trustees of said
Company, and that he signed his name thereto as President
by the like authority and direction.
HENRY BEAM,
[SEAL.]                          Notary Public,
Kings Co.
STATE OF NEW   YORK, s
County of Kings,  )
On this 29th day of September, 1897, before me personally
came Clinton L. Rossiter, to me known and with whom I am
personally acquainted, who being by me duly sworn, did depose and say: That he resides at the City of Brooklyn and is
the President of The Brooklyn Heights Railroad Company,
the corporation described in and which executed the foregoing
instrument as party of the second part; that he knows the corporate seal of said corporation; that the seal affixed to the
foregoing instrument is such corporate seal, and was affixed
thereto by order of the Board of Directors of said Company,
and that he signed his name thereto as President by the like
authority and direction.
A. L. BROUGHAM,
Com'r of Deeds,
City of Brooklyn.




37


AGREEMENT
ASSOCIATED -TROLLEY COMPANIES
RELATIVE TO OPERATION OVER THE NEW            YORK
AND BROOKLYN BRIDGE.
AUGUST 23, I897
THIS AGREEMENT, made this 23d day of August, I897,
between THE BROOKLYN HEIGHTS RAILROAD COMPANY and THE
BROOKLYN, QUEENS COUNTY AND SUBURBAN RAILROAD COMPANY, parties of the first part; NASSAU ELECTRIC RAILROAD COMPANY, party of the second part; THE BROOKLYN CITY AND NEWTOWN RAILROAD COMPANY, party of the third part; and THE
CONEY ISLAND AND BROOKLYN RAILROAD COMPANY, party of the
fourth part, WITNESSETH:
WHEREAS, each of the said railroad companies, except the
Brooklyn, Queens County and Suburban Railroad Company,
has this day entered into a contract with the Trustees of The
New York and Brooklyn Bridge for the operation of its cars
over said Bridge in pursuance of plans attached to such contract, all of said contracts being of the same general tenor,
and each set of said plans being the same.
Now, THEREFORE, it is agreed that all expenditures heretofore incurred with the mutual consent of the parties hereto in
perfecting and executing the plans and in obtaining the right
to run the cars of the parties hereto across said Bridge and
all future expenses of every kind fin connection with the
perfection and execution of the plans and the carrying out of
the details thereof, including the entire cost of all changes in
existing tracks which may be necessary to make connections
with the Bridge property, and all necessary work, including
materials therefor, upon the property of The New York and
Brooklyn Bridge, shall be borne and paid by the parties hereto
in the proportion and percentages hereinafter specified.
The use by any one party hereto of the tracks or property
of any other party hereto for the purpose of operating its
cars across said Bridge, and the manner of making connections therefor, the extent of such use and the compensation




38


for such use and the expense of connections, if not agreed
upon by such parties, shall be fixed by arbitration in the usual
manner by disinterested arbitrators. But neither one of the
parties of the second, third or fourth part hereto sliall have
the right by virtue of this agreement to run its cars over the
tracks of the parties of the first part, except on Fulton street
between Prospect street and Smith street; on Sands street
between Fulton street and Jay street; on Navy street between
De Kalb avenue and Park avenue; on Park avenue between
Navy street and Raymond street; on the lot on the northeast
corner of Sands street and Fulton street, and on Liberty street,
where the tracks are constructed thereon. Neither one of the
parties of the first, third or fourth part hereto shall have the
right by virtue of this agreement to run its cars over the tracks
of the party of the second part except on Adams street between Fulton street and Prospect street; on Concord street
between Washington street and Navy street; on Navy street
between Concord street and Park avenue, and on Park avenue
between Navy and Raymond streets. Neither one of the parties of the first, second or fourth parts hereto shall have the
right by virtue of this agreement to run its cars over the
tracks of the party of the third part except on Washington
street between Fulton street and Prospect street.  Neither
one of the parties of the first, second or third part hereto shall
have the right by virtue of this agreement to run its cars over
the tracks of the party of the fourth part except on Jay street
between Fulton street and Prospect street; on Prospect street
between Fulton street and Jay street, and on High street
between Washington street and Jay street. If any party hereto
shall at any time cease to operate its cars across said Bridge,
then its rights to operate its cars over the tracks of any other
party hereto under or by virtue of this agreement shall thereupon cease and terminate.
Should anyone of the parties hereto refuse to execute or
to enter into any contracts which may be necessary for the performance of the work herein required, or refuse to pay its portion of the liability therefor incurred as herein provided, such
party shall forfeit all rights under this contract and also the
further right to operate its cars over said Bridge, without affecting any other remedy for such liability.




39


Any assessment or charge made by the said Bridge Trustees or by either of the Cities of New York or Brooklyn for
the privilege of operating the cars of the parties hereto over
the Bridge shall be borne and paid for in like manner and proportion except specific charges per car or per passenger, which
shall be borne by the parties hereto severally.
The parties hereto shall share in the use of the tracks, equipments and terminals to be placed on said Bridge as aforesaid
in the following proportion, that is to say, in the number of
cars to be run on such tracks; parties of the first part shall be
entitled to sixty per cent. (60 per cent.), the party of the second
part shall be entitled to twenty-four per cent. (24 per cent.), the
party of the third part shall be entitled to ten per cent. (Io per
cent.), the party of the fourth part shall be entitled to six per
cent. (6 per cent.). The number of cars of each of the parties
hereto upon the Bridge during any one hour shall be distributed
in the same proportion as nearly as practicable, but if any party
hereto shall not operate upon the Bridge at any one hour the
maximum number of cars it is entitled to, no other party hereto
shall, by reason thereof, be required to reduce the maximum
number of cars it is entitled to operate upon said Bridge at the
same time; nor shall the percentage of the expenditures to be
paid by any party be affected thereby.
The Superintendent of Terminals hereinafter provided for
shall prescribe from time to time, and may prescribe for such
particular times as he may deem desirable, the total number
of cars that shall be operated by all the parties hereto during
the several hours of the day respectively, or during any hour or
series of hours, and each party hereto shall then during each
such hour be limited to its proportion of such total number of
cars to each such hour, and the Superintendent of Terminals
shall fix and promulgate the time tables for each such hour accordingly, so as to distribute each party's proportion of cars
through such hour as equally as may be practicable.
Should any party hereto during any one hour operate upon
said Bridge a greater number of cars than its due proportion
as herein specified, then such party shall pay to the other parties
hereto as liquidated damages, and not as a penalty, Ten Dollars ($io) for each car in excess of its proper proportionate share
as aforesaid, the amounts so paid or collected to be distributed




40


between the other parties in the proportions above.specified, and
such other parties may sue jointly for the whole amount thereof
or severally for their respective amounts therefor. Such payment shall be additional to any other remedy for such violation
and shall not affect or impair any other remedy by injunction or
otherwise.
In the operation of the various lines of cars over the Bridge,
they shall be under the sole charge and direction of a joint
employee to be appointed by the parties hereto, each party being
entitled to vote upon such appointment in the proportion above
specified, such joint employee to be known as " Superintendent of Terminals," and he shall be removed on written demand of any party hereto served upon all the other parties.
While entering upon the property of the Bridge on the Brooklyn side, while upon said Bridge and until and while leaving the
Bridge property, all cars of or operated by any or all of the
parties hereto shall be under the direction and control of said
Superintendent, and all employees of the parties hereto shall act
in strict accordance with his orders, and conform to all rules and
regulations that may be adopted by the parties hereto or by
said Superintendent not inconsistent therewith; subject, however,
to the control of the said Bridge Trustees.
Each party hereto may bid for the furnishing of the electrical or other power necessary to operate the cars over the Bridge
for a period of five years, at a rate per trip, which may include
cars operated during the summer without electric heaters, and a
separate or higher rate for cars operated with electric heaters;
and the party hereto agreeing to furnish power at the lowest price
shall be entitled to do so. Each party hereto on or before the
fifth day of each month shall make a statement to the party furnishing such power of the number of cars which it has operated
over said Bridge during the month immediately preceding, which
statement shall be verified by the Superintendent of Terminals,
and compensation for such power and heat shall be paid on or
before the tenth of each month to the party furnishing the power
at the agreed or bid rate per round trip.
All expense of repairs and maintenance, of tracks, roadways and terminals, including the operation of the terminal
in New York, which may be required to be made by the parties




41


hereto, and all other expenses of every nature and description
in connection with the operation of the cars of the parties hereto,
shall be adjusted in the proportion herein specified, and bills
therefor, properly certified by said Superintendent of Terminals,
shall be presented to each party hereto on or before the fifth
of each month for the next preceding month, and shall be paid
on or before the tenth of the next month.
Each party heieto shall be responsible for all damages from
accidents or injuries, caused by the negligence of its own employees, whether such damage be to the cars or property of any
of the other parties hereto, or to any passenger in or upon any
of said cars, or to any vehicle or person while upon said Bridge,
it being the intent of this agreement that all liability incurred
by any party hereto from the negligence of its own employees,
or defects in its cars or equipment, shall be borne solely and
wholly by such party; and that all liability from joint operation,
as from negligence of joint employees or defective apparatus,
elevators, tracks, platforms, or overhead work furnished or used
jointly by the parties hereto, shall be borne jointly by the parties
hereto in the proportion above stated.
The proportions mentioned herein for apportioning the expenditures between the parties hereto, including the preliminary
expense of preparing and securing plans and rights of way as
well as the work of erecting, completing, maintenance, operation and repair of all equipment and overhead work on said
Bridge shall be as follows: parties of the first part, sixty per cent.
(60 per cent.), party of the second part, twenty-four per cent.
(24 per cent.), party of the third part, ten per cent (Io per cent.),
party of the fourth part, six per cent. (6 per cent.).
The corporation proposed to be organized by Tom L. Johnson for the purpose of becoming the owner of the railroads and
franchises now operated by the Nassau Electric Railroad Company from Fulton Ferry to Evergreen Cemetery, known as the
Park Avenue and Central Avenue route, shall, on becoming such
owner, be deemed jointly with the Nassau Electric Railroad
Company to constitute the party of the second part hereto.




42


IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly executed the day and year first written.
THE BROOKLYN HEIGHTS RAILROAD COMPANY,
[SEAL.]                    By C. L. ROSSITER,
President.
Attest:
T. S. WILLIAMS,
Secretary.
THE BROOKLYN, QUEENS COUNTY AND SUBURBAN RAILROAD
COMPANY,
[SEAL.]                   By C. L. ROSSITER,
President.
Attest:
T. S. WILLIAMS,
Secretary.
NASSAU ELECTRIC RAILROAD COMPANY,
[SEAL.]                   By A. L. JOHNSON,
President.
Attest:
W. F. HAM,
Secretary.
TOM L. JOHNSON.
THE BROOKLYN CITY AND NEWTOWN RAILROAD COMPANY,
[SEAL.]               By JOHN N. PARTRIDGE,
President.
Attest:
DUNCAN B. CANNON,
Secretary.
THE CONEY ISLAND AND BROOKLYN RAILROAD COMPANY,
[SEAL.]                  By D. W. SULLIVAN,
President.
Attest:
WILLIS BROWER,
Secretary.




43


STATE OF NEW YORK,
County of Kings,   ss.:
City of Brooklyn,
On this 29th day of September, in the year I897, before me
personally came Albert L. Johnson and William F. Ham, to me
known, who, being by me severally duly sworn, each for himself
did depose and say: That the said Albert L. Johnson resided in
the City of New York, and the said William F. Ham resided in
the City of Brooklyn, that the said Albert L. Johnson is the
President and the said William F. Ham is the Secretary of the
Nassau Electric Railroad Company, the corporation described in
and which executed the above instrument; that he knew the seal
of said corporation; that the seal affixed to said instrument was
such corporate seal, that it was so affixed by order of the Board
of Directors of such corporation, and that he signed his name
thereto by like order.
A. L. BROUGHAM,
Commissioner of Deeds,
City of Brooklyn.
STATE OF NEW YORK, 1
County of Kings,   ss.:
City  of Brooklyn,
On this 29th day of September, in the year I897, before
me personally came John L. Heins and Duncan B. Cannon, to
me known, who, being by me severally duly sworn, each for
himself did depose and say: That the said John L. Heins resided in the City of Brooklyn, and the said Duncan B. Cannon
resided in the City of New York; that the said John L. Heins is
the President and the said Duncan B. Cannon is the Secretary
of The Brooklyn City and Newtown Railroad Company, the corporation described in and which executed the above instrument;
that he knew the seal of said corporation; that the seal affixed
to said instrument was such corporate seal; that it was so affixed
by order of the Board of Directors of such corporation and that
he signed his name thereto by like order.
A. L. BROUGHAM,
Commissioner of Deeds,
City of Brooklyn.




44


STATE OF NEW   YORK,
County of Kings,   ss,:
City of Brooklyn, J
On this 29th day of September, in the year I897, before me
personally came D. WV. Sullivan and Willis Brower to me known,
who, being by me severally duly sworn, each for himself did depose and say: That he resided in the City of Brooklyn, that the
said D. WV. Sullivan is the President and the said Willis Brower
is the Secretary of The Coney Island and Brooklyn Railroad
Company, the corporation described in and which executed the
above instrument; that he knew the seal of said corporation;
that the seal affixed to said instrument was such corporate seal;
that it was so affixed by order of the Board of Directors of such
corporation and that he signed his name thereto by like order.
A. L. BROUGHAM,
Commissioner of Deeds,
City of Brooklyn.
STATE OF NEW YORK, 1
County of Kings,   ss.:
City of Brooklyn, J
On this j5th day of October, in the year 1897, before me
personally appeared Tom L. Johnson, to me known to be one
of persons described in and who executed the above instrument, and he duly acknowledged to me that he executed the
same.
V. W. WICKES,
Notary Public,
Kings County.




45


STATE OF NEW YORK,
County of Kings,    ss.:
City of Brooklyn,
On this 24th day of August, in the year I897, before me
personally came D. W. Sullivan and Willis Brower, to me
known, who being by me severally duly sworn, each for
himself did depose and say: That he resided in the City of
Brooklyn, that the said D. W. Sullivan is the President and
the said Willis Brower is the Secretary of The Coney Island
and Brooklyn Railroad Company, the corporation described in
and which executed the above instrument; that he knew the
seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of
the Board of Directors of such corporation and that he signed
his name thereto by like order.
V. W. WICKES,
Notary Public.
STATE OF NEW YORK,
County of Kings,    ss.:
City of Brooklyn,
On this 24th day of August, in the year 1897, before me personally appeared Tom L. Johnson, to me known to be one of
the persons described in and who executed the above instrument,
and he duly acknowledged to me that he executed the same.
V. W. WICKES,
Notary Public.




46


SUPPLEMENTARY AGREEMENT
ASSOCIATED TROLLEY COMPANIES
SEPTEMBER 29, 1897.
SUPPLEMENTARY AGREEMENT, made this 29th day
of September, I897, between THE BROOKLYN HEIGHTS RAILROAD COMPANY and THE BROOKLYN, QUEENS COUNTY AND
SUBURBAN RAILROAD COMPANY, parties of the first part; NASSAU ELECTRIC RAILROAD COMPANY, party of the second part;
THE BROOKLYN CITY AND NEWTOWN RAILROAD COMPANY, party
of the third part; and THE CONEY ISLAND AND BROOKLYN RAILROAD COMPANY, party of the fourth part, WITNESSETH:
WHEREAS, the parties hereto entered into an agreement with
each other bearing date August 23d, 1897, in relation to crossing the New York and Brooklyn Bridge in pursuance of contracts
between the Trustees of the New York and Brooklyn Bridge,
and each of the several parties hereto, except The Brooklyn,
Queens County and Suburban Railroad Company, bearing date
August 23d, I897, and
WHEREAS, said last-mentioned contracts have been modified
by supplementary contracts bearing date September 29th, I897,
between the Trustees of the New York and Brooklyn Bridge,
and each of the parties hereto, except The Brooklyn, Queens
County and Suburban Railroad Company,
Now, THEREFORE, this Supplementary Agreement witnesseth,
that the first above-mentioned contract between the parties hereto
bearing date August 23d, I897, shall continue in full force and
effect, except as its provisions are necessarily modified by the
fact of the execution and delivery of the last above-mentioned
supplementary contracts; and the plans attached to the last abovementioned contracts, and the provisions of the last above-mentioned contracts relating to crossing said Bridge shall be deemed
to be the plans and provisions for crossing said Bridge referred
to in the first above-mentioned contract.
The corporation proposed to be organized by Tom L. Johnson for the purpose of becoming the owner of the railroads
and franchises now operated by the Nassau Electric Railroad




47


Company from Fulton Ferry to Evergreen Cemetery, known as
the Park Avenue and Central Avenue route, shall, on becoming
such owner, be deemed jointly with the Nassau Electric Railroad Company to constitute the party of the second part hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly executed the day and the year first above
written.
THE BROOKLYN HEIGHTS RAILROAD COMPANY,
[SEAL.]                     By C. L. ROSSITER,
President.
Attest:
T. S. WILLIAMS,
Secretary,
THE BROOKLYN, QUEENS COUNTY AND SUBURBAN RAILROAD
COMPANY,
[SEAL.]                     By C. L. ROSSITER,
President.
Attest:
T. S. WILLIAMS,
Secretary.
NASSAU ELECTRIC RAILROAD COMPANY,
[SEAL.]                    By A. L. JOHNSON,
President.
Attest:
W. F. HAM,
Secretary.
TOM L. JOHNSON.
THE BROOKLYN CITY AND NEWTOWN RAILROAD COMPANY,
[SEAL.]                    By JOHN L. HEINS,
President.
Attest:
DUNCAN B. CANNON,
Secretary.
THE CONEY ISLAND AND BROOKLYN RAILROAD COMPANY,
[SEAL.]                   By D. W. SULLIVAN,
President.
Attest:
WILLIS BROWER,
Notary Public.




48


STATE OF NEW    YORK,
County of Kings,,ss.:
City  of Brooklyn, J
On this 29th day of September, in the year I897, before
me personally came Clinton L. Rossiter and Timothy S. Williams, to me known, who, being by me severally duly sworn, each
for himself did depose and say: That he resided in the City of
Brooklyn, that the said Clinton L. Rossiter is the President
and the said Timothy S. Williams is the Secretary of the Brooklyn Heights Railroad Company, the corporation described in
and which executed the above instrument; that he knew the seal
of said corporation; that the seal affixed to said instrument was
such corporate seal, that it was so affixed by order of the Board
of Directors of such corporation and that he signed his name
thereto by like order.
A. L. BROUGHAM,
Commissioner of Deeds.
City of Brooklyn.
STATE OF NEW YORK,
County of Kings,    ss.:
City of Brooklyn, J
On this 29th day of September, in the year I897, before
me personally came Clinton L. Rossiter and Timothy S.
Williams, to me known, who, being by me severally duly sworn,
each for himself did depose and say: That he resided in the
City of Brooklyn, that the said Clinton L. Rossiter is the President and the said Timothy S. Williams is the Secretary of the
Brooklyn, Queens County and Suburban Railroad Company, the
corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal
-affixed to said instrument was such corporate seal; that it was
so affixed by order of the Board of Directors of such corporation,
and that he signed his name thereto by like order.
A. L. BROUGHAM,
Commissioner of Deeds,
City of Brooklyn.




49


STATE OF NEW YORK,
County of Kings,   ss.:
City of Brooklyn,
On this 24th day of August, in the year I897, before me
personally came Clinton L. Rossiter and Timothy S. Williams,
to me known, who, being by me severally duly sworn, each for
himself did depose and say: That he resided in the City of
Brooklyn; that the said Clinton L. Rossiter is the President
and the said Timothy S. Williams is the Secretary of The
Brooklyn Heights Railroad Company, the corporation described in and which executed the above instrument; that he
knew the seal of said corporation; that the seal affixed to the
said instrument was such corporate seal; that it was so affixed
by order of the Board of Directors of such corporation, and
that he signed his name thereto by like order.
V. W. WICKES,
Notary Public.
STATE OF NEW YORK,
County of Kings,   ss.:
City of Brooklyn, J
On this 24th day of August, in the year I897, before me
personally came Clinton L. Rossiter and Timothy S. Williams,
to me known, who, being by me severally duly sworn, each for
himself, did depose and say: That he resided in the City of
Brooklyn; that the said Clinton L. Rossiter is the President
and the said Timothy S. Williams is the Secretary of The
Brooklyn, Queens County and Suburban Railroad Company,
the corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal
affixed to said instrument was such corporate seal; that it was
so affixed by order of the Board of Directors of such corporation,
and that he signed his name thereto by like order.
V. W. WICKES,
Notary Public.




50


STATE OF NEW YORK, 1
County of Kings,    ss.:
City of Brooklyn,
On this 24th day of August, in the year I897, before me personally came Albert L. Johnson and William F. Ham, to me
known, who being by me severally duly sworn, each for himself,
did depose and say:  That he resided in the City of Brooklyn,
that the said Albert L. Johnson is the President and the said
William F. Ham is the Secretary of the Nassau Electric Railroad
Company, the corporation described in and which executed the
above instrument; that he knew the seal of said corporation; that
the seal affixed to said instrument was such corporate seal, that
it was so affixed by order of the Board of Directors of such corporation, and that he signed his name thereto by like order.
V. W. WICKES,
Notary Public.
STATE OF NEW    YORK,
County of Kings,   Sss.:
City of Brooklyn, J
On this 24th day of August, in the year I897, before me personally came John N. Partridge and Duncan B. Cannon, to me
known, who being by me severally duly sworn, each for himself,
did depose and say: That he resided in the City of Brooklyn, that
the said John N. Partridge is the President and the said Duncan
B. Cannon is the Secretary of The Brooklyn City and Newtown
Railroad Company, the corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of. the Board of
Directors of such corporation, and that he signed his name thereto
by like order.
V. W. WICKES,
Notary Public.




5


AGREEMENT (ORIGINAL).
BROOKLYN ELEVATED RAILROAD COMPANY.
THIS AGREEMENT, made this 23d day of August, I897,
between THE TRUSTEES OF THE NEW YORK AND BROOKLYN
BRIDGE, party of the first part, and THE BROOKLYN ELEVATED
RAILROAD COMPANY, party of the second part, WITNESSETH:
That the party of the first part, for and in consideration of the
payments to be made to it by the party of the second part, and
of the faithful, just and full performance of the undertakings,
covenants and agreements to be by said party of the second part
performed and carried out as hereinafter set forth, doth, subject
to the conditions and restrictions herein provided and expressed,
grant and lease to the party of the second part the right and privilege to enter upon the premises of the party of the first part with
its cars, for the transportation of passengers, and to have the
cars of said party of the second part, and the passengers using
and traveling in said cars transported and operated by the party
of the first part across its Bridge, and to that end to cross, intersect, join and unite its railroad with the railroad operated by the
party of the first part upon and across the New York and Brooklyn Bridge, subject, however, in all things in such.crossing, intersecting, joining and uniting to the control and direction of the
Chief Engineer of the party of the first part; the terms upon
which this lease, license, privilege or grant is made, the conditions subject to which the rights hereby conferred upon the
party of the second part are to be exercised, and the covenants by
said party of the second part to be observed and performed, are
as follows, to wit:
I.-The said Railroad Company shall arrange for the connection of its tracks with the tracks of the New York and Brooklyn Bridge at some point at or north of Tillary street, in the City
of Brooklyn, to be determined upon by the Chief Engineer of the
party of the first part and convenient for that purpose, so that the
trains of said Company shall approach and enter the property of
the said Trustees upon a single track, which shall be connected




52


with the north tracks now owned and controlled by the said
Trustees over said Bridge, and so that the trains of said Company on returning from New York shall leave the property of
the said Trustees upon a single track, which shall be connected
with the south tracks now owned and controlled by said Trustees,
over said Bridge, in such manner as may be designated by the
Chief Engineer of said Bridge.
The said Trustees shall permit the said Railroad Company to
construct a platform or platforms and stairs between the "tail
tracks " of said Bridge at the New York terminal thereof, for the
use of said Railroad Company and its passengers, subject, however, to the control and the use of the same by the said Trustees,
and to the use thereof by any subsequent lessees to whom said
Trustees may grant the right to use the same, provided that in
the event of such right being extended the lessee thereof shall
be required to pay to the Brooklyn Elevated Railroad Company
such proportion of the cost of construction of said platform and
stairways as shall be determined by said Trustees.
Said Railroad Company shall prepare the plans for such connections, platforms and stairways, and do and pay for the work,
provided only that said plans shall be approved by the Chief
Engineer of the party of the first part and the work carried on
subject to his approval and inspection, and such plans are those
hereto attached, which it is hereby covenanted are and constitute
a part of this agreement.
II.-The location of the said tracks and of the curves and
switches necessary to connect the present tracks of the said railroad with the tracks of the said Bridge, and all the constructions
of every kind necessary to the use of the said tracks, as herein
provided, shall be under the absolute control and direction of the
Chief Engineer of the said Bridge, and no construction of any
kind connected therewith or relating thereto shall be had or used
unless the plan or plans therefor have been first submitted to the
said Engineer, and have been approved by him and are hereto
attached as aforesaid.
III.-The expense of all changes necessary in the construction
upon the said Bridge or the approach thereto in order to permit
the delivery of the cars of the said Elevated Railroad Company
to the control of the said Trustees of the Bridge, and to permit




53


the transportation thereof and return, thereof to said Railroad
Company, and the maintenance and repairing of all changes and
additions aforesaid shall be borne and paid for by the said Railroad Company. Provided, that the cost of whatever part of such
construction which shall be used by more than one railroad company, or the necessity for the creation of which shall be common to
the bringing upon the Bridge of cars of more than one railroad
company, shall be borne by the several railroad companies in such
shares and proportions as they may agree upon, or, if they fail
to agree, in such shares and proportions as the Trustees of the
said Bridge may determine.
All plans and contracts for labor and material necessary to the
construction aforesaid of the approaches to the premises of the
Trustees, and to the entry upon and departure from said premises by said Railroad Company, shall be made by said Railroad
Company in its own name and upon its own responsibility; all
material necessary to be used upon the premises of the Trustees
shall be supplied by said Railroad Company, and all labor to be
performed upon said premises shall be performed by said Railroad Company and the cost thereof paid by said Railroad
Company before entering said premises with its cars.  All
of such work and material shall be subject to approval and rejection by the said Trustees; all of such constructions upon property belonging to the Trustees of the New York and Brooklyn
Bridge shall become and be the property of the said The Trustees
of the New York and Brooklyn Bridge, when and as soon as work
shall be begun or material necessary to such construction shall be
delivered upon premises of said party of the first part; all work
done in pursuance of the terms of this contract by said Railroad
Company shall be so carried on as in no manner to interfere with,
limit or obstruct the operation of the railroad of and belonging to
said Trustees upon and over said Bridge.
IV.-All rights of way, franchises and property necessary to
be secured in order to construct the tracks upon which to enter
upon and leave the said Bridge property shall be secured and paid
for by the said Railroad Company.
V.-Each car, except motor cars, of the said Elevated Railroad Company, intended to be used upon the railroad of the
Bridge, shall Le equipped with grips in form and construction as




54


may be designated by the Chief Engineer of the Bridge, together
with the same appliances for braking while on the Bridge, as employed upon the cars of the Trustees of the Bridge, or as directed
by said Chief Engineer. One car on each train shall also be
equipped with electric mot6rs on each truck identical with those
adopted by the Bridge Trustees, or as may be suggested and
approved by the Chief Engineer of the Bridge, for the purpose
of switching trains at termini. All elevated railroad cars sent
or used upon the Bridge shall have side doors, in form and'construction to be approved by said Chief Engineer.
VI.-All cars used on the Bridge service and all equipment and
appliances relating thereto, located on' Bridge property, shall be
subject at all times to inspection by the Bridge authorities, who
shall have power to forbid rights on the Bridge to cars that may,
for any reason, be unsatisfactory, and to direct the removal of
any old or inadequate equipment or appliances, and the substitution therefor of others of approved character. On arriving at
the place nearest to the point where the cars of said Railroad
Company shall enter upon the premises of the Trustees of the
Bridge, as the same shall be fixed and located by the said Bridge
Trustees, the locomotives shall be detached from the trains upon
the said elevated railroad, and such trains shall then be propelled
by the electric motor cars, already referred to, over such tracks as
the Trustees of the said Bridge shall designate, to the point at
which the cable is lifted into grips, from which point the train
shall proceed over the Bridge by cable traction, precisely as the
cars of the Bridge Railway are now operated; and on returning
from New York the said trains, after passing the unloading platforms at the Brooklyn terminal of the said Bridge, shall be propelled by the electric motor car as aforesaid, to the place upon the
track of the said elevated railroad company selected by the Chief
Engineer of the party of the first part. From the time when the
trains of the said Railroad Company enter upon the premises of
said Trustees until, on the return of the trains from New York,
they shall depart from said premises, said cars and trains shall be
under the exclusive management and control of the Trustees of
the New York and Brooklyn Bridge and of their employees.
VII.-The said Trustees shall have full and complete power
to make and adopt all other rules and regulations which to them




55


shall seem reasonable and proper, relating to the transporting of
the cars of the said Railroad Company over the said Bridge, including the method of payment of tolls, the style of cars to be
used and the condition of the cars, the switching of cars and the
use of platforms, and to amend or alter any of such rules or
regulations so as to secure the safety and comfort of persons
using the said Bridge, and to subserve the purpose for which said
Bridge was constructed.
But the Railroad Company shall be allowed to place and retain
advertising signs inside its cars.
The Railroad Company shall not bring upon the premises of
the party of the first part or deliver to them for transportation
across the Bridge, any cars in which smoking shall be permitted,
while the cars of the said Railroad Company are upon the premises of the party of the first part.
VIII.-The said Railroad Company shall pay to the said
Trustees of the New York and Brooklyn Bridge the sum of
twelve and one-half cents per round trip for each car transported
as aforesaid, provided that if at any time the regulations adopted
by the said Trustees shall be altered or modified so as to permit
the said Railroad Company to operate cars across said Bridge
by their own power, the said Railroad Company shall pay the
sum of five cents per round trip for each car so operated; provided that, pursuant to the provisions of chapter 663 Laws of
I897, the said party of the second part shall not, by reason of the
payments by it to be made to the party of the first part as herein
provided, or otherwise, or for any reason whatever, " charge any
fare in excess of, or additional to, the fare exacted by it from any
passenger for one continuous ride upon any of its routes in either
of the cities of New York or Brooklyn, as the case may be, so
that the said route of said Corporation operated across said
Bridge hereunder, so far as the exaction of a fare is concerned,
shall be taken and deemed to be a part of the continuous route,
or one of the continuous routes, of the said Railroad Corporation
whereon one fare is exacted, so that no extra or additional fare
shall be exacted by said party of the second part from any passenger carried to or from the Bridge and across the Bridge
in addition to the fare exacted from such passenger for carriage to and from the Bridge only."




56


IX.-All trains coming upon the premises of the party of the
first part, shall, when approaching an intersection with any track
of said party of the first part, be brought to a full stop before
crossing the same, and shall not be again started until signal to
proceed be given by a man employed for such purpose by said
party of the first part.
X.-The said Railroad Company shall protect and hold harmless the said Trustees from and against all losses, damages and
claims for damages, actions, recoveries, costs, disbursements and
expenses of every nature arising from, based upon, connected
with, or in any manner charged to be due to injury to person
or property received or sustained by any person upon and in the
cars of the said Company whenever and wherever upon the
premises of said Trustees such injuries may arise, be received
or sustained, or which may be caused by the cars of the said
Railroad Company, or which may arise from or be connected
with the presence and operation of such cars upon such premises
or which shall in any wise be connected with or arise out of the
bringing of the said cars upon the premises of the party of the
first part, or transporting or operating them upon, over or across
the same, or which may arise from or be connected with the making, building, constructing, erecting or changing of any work, of
every kind necessary for the bringing of the cars of the party of
the second part upon the said Bridge *and the operating and
the transporting of the same across the said Bridge, or in any
and every wise growing out of the use of the said Bridge and
any of the premises, appurtenances and appliances thereunto belonging by the party of the second part.
And the said Railroad Company shall further protect and hold
harmless the said Trustees from and against losses, damages, and
claims for damages, actions, recoveries, costs, disbursements and
expenses of every nature which may arise or result from any
failure or delay on the part of the said Railroad Company to
promptly and regularly operate and transport its cars across
said Bridge in either direction, or for any delay or hindrance
to said cars while in transit, from whatever cause or reason such
neglect or refusal or delay may arise, or which may arise to any
person using the said Bridge in any way or manner who shall
be injured in person or property, or hindered or delayed in the




57


use of said Bridge by reason of any matter, thing or occurrence
arising from or connected with the operation of the cars across
the said structure. And should there at any time occur a block
upon the roadway of said Bridge, or interference with the use
of said roadway by the public by reason of the operation of the
cars of the said Railroad Company across the Bridge, the said
Railroad Company shall protect and hold harmless the said Trustees from and against all claims or damages resulting from the
same. And should there be caused by the operation of the said
cars, or in any way connected therewith, any accident upon such
roadway, the said Railroad Company shall in like manner protect
and hold harmless the said Trustees against losses, damages, and
claims for damages, actions, recoveries, costs, disbursements and
expenses of every nature, which may arise therefrom.
And the said Railroad Company shall further protect and
hold harmless said Trustees from and against any and all suits,
lets, hindrances, actions, recoveries, claims, damages, costs, disbursements and expenses of every kind, nature, amount and
description, which may arise, be made and presented, brought,
instituted, sustained or recovered on the ground of deprivation
of owners of property adjoining premises of the party of the first
part of light, or air, or interruption of either or of damages of
any and every nature consequent upon and resulting from the
bringing of the cars of said Railroad upon premises of party of
the first part and operating the same thereupon, and over said
premises and Bridge.
But nothing herein is to be construed as rendering the party
of the second part liable to the Trustees or to any person, firm or
corporation for any damage, injury or hindrance, or render it
liable to suffer any recovery against it by said Trustees for any
delay or accident arising solely from faulty construction or imperfect track or appurtenances of or connected with the Bridge,
or solely from negligence on the part of the agents or servants
of the Trustees.
XI.-The supervision, management and control of cars of the
Railroad Company shall in every particular and at all times be
wholly exercised by the Trustees of the New York and Brooklyn
Bridge within the discretion and at the dictation of the Chief
Engineer of said Trustees from the delivery of said cars upon
the premises of the Trustees till their departure therefrom, pro



53
vided only that while said Chief Engineer shall at all times regulate and limit in his discretion the number of cars of the Railroad
Company which may be operated as aforesaid, nevertheless, inasmuch as it is in contemplation by the parties hereto that privileges
similar to those herein set forth are to be granted to the Kings
County Elevated Railway Company, the number of cars of the
Brooklyn Elevated Railroad Company to be operated upon and
over said Bridge shall not be limited to less tran two cars of the
Brooklyn Elevated Railroad Company to one car of the Kings
County Elevated Railway Company.
It is hereby mutually covenanted and agreed that no delay,
hindrance or refusal to receive and operate cars of the Brooklyn
Elevated Railroad Company shall be made or exercised by reason
of failure for any reason on the part of the Kings County Elevated Railway Company to deliver the quota of cars upon the
premises of the Trustees regularly and promptly, in accordance
with any schedule or rule of operation which may be promulgated
by said Chief Engineer.
And whereas, the exercise of the right to cause its cars to be
operated across the Bridge necessitates the surrender by the
Trustees to such use of one set of tracks for such purpose, thereby
reducing the number of Bridge trains which it is possible for said
Trustees to operate; now, therefore, it is hereby mutually agreed
that the number of trains and cars to be delivered by said Railroad Company to said Trustees shall at all times equal one-half
the number of trains and cars belonging to said Trustees and
operated by them,at the date of the execution of these presents, provided only that should the Kings County Elevated Railway secure
from said Trustees provisions similar to those hereby granted,
the said party of the second part may reduce the number of cars
to be delivered by it to not less than one-third the number operated by said Trustees at the date of the execution of these
presents.
XII.-The term of the right and privilege hereby granted to
the party of the second part to enter upon the premises of the
party of the first part with its cars for the transportation of passengers, and to have its cars and the passengers using and traveling in the same, transported and operated by the said Trustees
across its Bridge, and to that end to cross, intersect, join and
unite its railroad with the railroad operated by the party of the




59


first part, shall be terminable at the option of either party hereto
after the expiration of ten years from the date when this contract shall be duly executed, provided only, that if in the opinion
of the party of the first part, or its legal successors, and of the
Mayor of the City of New York, and of the President of the
Borough of Brooklyn, to be hereafter elected pursuant to the
provisions of chapter 378 of the Laws of I897, or in the opinion
of the majority of them, it should be determined that it is against
the public interest to continue the operation of the trains, or cars,
of the party of the second part, upon, over and across the Bridge,
or if the said party of the second part should for itself determine
that the facilities afforded it are inadequate for its passenger service, then, and in that event, this agreement and all of the rights
and privileges granted to said party of the second part, and obligations assumed by it, shall be terminable on and after three
months' notice, in writing, by either party to the other that it
elects to determine said contract.
XIII.-The said Railroad Company before entering in any
manner upon the premises of the party of the first part for the
performance of any work necessary to make the connections hereinbefore provided for shall execute and deliver to the Trustees
of said Bridge its bond in the sum of Fifty Thousand Dollars,
and in such form and with such securities as the said Trustees
shall prescribe (which bond shall be approved as to form and
manner of execution and sufficiency of sureties by the Counsel
to said Trustees) conditioned that the said Company shall
promptly complete the work entered upon by it as hereinbefore provided, and if it shall fail so to do, that it shall pay to said
Trustees of said Bridge the necessary expenses of completing
the same or of removing any portions of said structures which
are upon the property of the said the Trustees of the Bridge,
and of restoring the Bridge and all the premises of the party of
the first part, and all things appurtenant thereto, to the present
condition, whichever the said Trustees shall elect to do; and
further conditioned that the said Railroad Company shall observe,
obey and keep each and every rule and regulation made and
adopted by the said Trustees as hereinbefore provided, and for
the discharge of any and all liability hereby imposed and which.may arise or be incurred pursuant to the provisions of this contract, and further conditioned that the said Railroad Company




60


shall and will faithfully, promptly and fully pay to said Trustees
the rental hereby reserved and the charges hereby imposed.
And for a failure and neglect to observe, obey and keep such
rules and regulations, or any of them, and for a failure to
promptly make payment to said Trustees of the rental reserved
and charges by this agreement imposed, the said Trustees may
revoke the said agreement so far as it affects the said Railroad
Company, and thereupon said Railroad Company shall forfeit
all rights and privileges heretofore enjoyed thereunder.
XIV.-It is hereby covenanted, agreed and understood that
the foregoing agreement in all its parts does and is intended to
apply to the Brooklyn Elevated Railroad Company, and to any
and all companies which, as the result of the reorganization of
said Company, now pending may be and become the legal successor to said company and owner of its rights, privileges, and
franchises, and to Frederick Uhlmann, Esq., as Receiver of the
corporate rights, franchises and properties of said Brooklyn Elevated Railroad Company, and to any and all successors in office
of said Frederick Uhlmann, as Receiver, and that in order to
be effectual and binding this instrument shall be executed by the
officers of said Railroad Company and by said Receiver.
It is further covenanted that said Receiver shall, before executing this agreement, obtain the consent of the Supreme Court,
having control and jurisdiction of and over the acts of such Receiver to the execution thereof.
XV.-The said Railroad Company doth hereby further covenant, promise and agree that for and in consideration of the provisions of this instrument and of the privileges and grants thereby extended to it by the party of the first part, it will commence
the work preparatory to the exercise of the privileges hereby
extended within sixty (lays after the (late of the execution of this
instrument, and that all of the said work hereinbefore provided
for as necessary to the operation of the cars of the said Railroad
Company over the Bridge shall be fully completed, and said
operation of cars be regularly commenced within ten months after
the date of the execution of these premises, provided only, that
should either the commencement, continuation or finishing of such
work or the operation of the cars of the said Railroad Company
upon, over and across the premises of the party of the first part




be delayed by litigation, strikes, or causes of delay not created by
the party of the second part and not to be avoided by ordinary
precautions on its part, the time necessarily consumed in such
litigation and by such strikes, or causes of delay aforesaid, shall
be added to the time herein provided for the beginning and completion of the work aforesaid, and further provided that for failure to comply with this provision of this agreement, or by reason
of the institution by or at the instigation of the said Railroad
Company of litigation of any nature, instituted in any wise for
the purpose of increasing the time within which the provisions of
this contract shall be put in effect, the said party of the first part
may, at the discretion of said Trustees, revoke each and every
privilege hereinbefore contained and set forth, and upon such
revocation all work and material put upon the premises of the
party of the first part by the said Railroad Company shall be and
become forfeit to the said Trustees without damage or compensation therefor to the said Railroad Company.
It is hereby covenanted and agreed that the said Railroad
Company shall not in any way enter upon the premises of the
party of the first part or commence any work or construction
thereon, nor place any material to be used in such work and construction upon the premises of the party of the first part until all
the work and construction to be undertaken and performed by
the party of the second part outside of the property of the said
Trustees, and necessary and sufficient for the purpose of making
the connection between the railroad of the said party of the
second part, and that of the said Trustees, as hereinbefore provided, shall be fairly under way, to the end that all construction
necessary to cross the Bridge by cars of the aforesaid railroad
may be completed at about the same time; nor shall said Railroad
Company enter upon or do any work of construction upon the
premises of said Trustees until it shall have secured its right of
way and removed any and every injunction that may have been
granted by a court of competent jurisdiction.
And also that the said Railroad Company shall not in any way
interfere with the operation of the railroad operated by the
Trustees, pending construction necessary to connect the railroad
of the party of the second part with the Bridge and permit its
cars to be operated thereon, nor shall said Railroad Company use
the structure of the Bridge for the storage of material to be used




62


in such work and construction, nor permit its employees or the
employees of contractors to use the Bridge premises as a rendezvous or resting place, but work of construction is to proceed
day by day without interruption, except if the Railroad Company
is enjoined from proceeding by the court, or in the event of
strikes or hindrance or delays beyond the control of the Railroad
Company, and it is expressly stipulated that in all matters connected with construction and work on the premises of the Trustees that the Chief Engineer of the Bridge shall have absolute
supervision and control.
IN  WITNESS WHEREOF, on this 23d day of August,
eighteen hundred and ninety-seven, the party of the first part,
The Trustees of the New York and Brooklyn Bridge, has caused
these presents to be subscribed by its President and its corporate
seal to be hereto affixed, and on the same day the said Brooklyn
Elevated Railroad Company, the party of the second part hereto
hath likewise caused these present to be subscribed by its President and its corporate seal to be hereto affixed, and Frederick
Uhlmann, the Receiver of the said party of the second part, hath
on the same day and likewise in witness thereof and by direction
of the Supreme Court of the State of New York, granting permission and authority to him so to do, for and on behalf of the
said Railroad Company of which he is such Receiver, likewise
subscribed these presents and caused his seal to be thereto attached.
THE TRUSTEES OF THE NEW YORK AND BROOKLYN BRIDGE,
By WILLIAM BERRI,
President.
In presence of:
Attest:
HENRY BEAM,
Secretary.
BROOKLYN ELEVATED RAILROAD COMPANY,
By FREDERICK UHLMANN,
Attest:                                   President.
ELISHA DYER, JR.,
Secretary.
FREDERICK UHLMANN,
Receiver.




63


STATE OF NEW   YORK,
City of Brooklyn,.ss.:
County of Kings,
On this twenty-third day of August, eighteen hundred and
ninety-seven, before me personally came William Berri, to me
known, who being by me duly sworn, did depose and say that he
resided in the City of Brooklyn; that he was the President of the
Trustees of the New York and Brooklyn Bridge, the corporation
described in and which executed the foregoing instrument; that
he knew the corporate seal of said Trustees of the New York and
Brooklyn Bridge; that the seal affixed to the foregoing instrument
was such corporate seal; that it was affixed by order of said
Trustees, and that he signed his name thereto as President by
like authority.
A. F. BRITTON,
Notary Public,
Kings County.
STATE OF NEW YORK, 1
City of Brooklyn,   ss.:
County of Kings,
On this twenty-third day of August, in the year eighteen
hundred and ninety-seven, before me personally came Frederick
Uhlmann, to me personally known, who being by me duly sworn,
did depose and say that he resided in the Ci-ty of New York; that
he was the President of the Brooklyn Elevated Railroad Company, the corporation described in and which executed the foregoing instrument; that he knew the corporate seal of the said
Railroad Company; that the seal affixed to the foregoing instrument was such corporate seal; that it was affixed by order of the
Board of Directors of the said Brooklyn Elevated Railroad Company, and that he signed his name thereto by the like order as
President of the said Brooklyn Elevated Railroad Company.
A. F. BRITTON,
Notary Public,
Kings County.




64


STATE OF NEW   YORK,
City of Brooklyn,  -ss.:
County of Kings,  j
On this twenty-third day of August, eighteen hundred and
ninety-seven, before me personally came Frederick Uhlmann, to
me personally known, who being by me duly sworn, did depose
and say that he resided in the City of New York; that he was the
Receiver of the Brooklyn Elevated Railroad Company; that he
executed the foregoing instrument for and on behalf of the said
Brooklyn Elevated Railroad Company, in his capacity as Receiver thereof, by subscribing his name and affixing his seal
thereto, and that such execution by him was made and done pursuant to the provisions of an order of the Supreme Court of the
State of New York, made on the 17th day of August, I897, in the
matter entitled, whereby deponent as such Receiver was authorized to make and enter into, execute and acknowledge the said
foregoing instrument.
A. F. BRITTON,
Notary Public,
Kings County.




AGREEMENT (ORIGINAL).


THE KINGS COUNTY ELEVATED RAILWAY CO.
THIS AGREEMENT, made this 23d day of August, I897,
between THE TRUSTEES OF THE NEW    YORK AND BROOKLYN
BRIDGE, party of the first part, and THE KINGS COUNTY ELEVATED
RAILWAY COMPANY, party of the second part, WITNESSETH:
That the party of the first part, for and in consideration
of the payments to be made to it by the party of the
second part, and of the faithful, just and full performance of the
undertakings, covenants and agreements to be by said
party of the second part performed and carried out as
hereinafter set forth, doth, subject to the conditions
and restrictions herein provided and expressed, grant
and lease to the party of the second part the right and privilege
to enter upon the premises of the party of the first part with its
cars for the transportation of passengers, and to have the cars
of said party of the second part, and the passengers using and
traveling in said cars transported and operated by the party of
the first part across its Bridge; and to that end to cross, intersect,
join and unite its railroad with the railroad operated by the party
of the first part upon and across the New York and Brooklyn
Bridge, subject, however, in all things in such crossing, intersecting, joining and uniting to the control and direction of the Chief
Engineer of the party of the first part; the terms upon which
this lease, license, privilege or grant is made, the conditions subject to which the rights hereby conferred upon the party of the
second part are to be exercised, and the covenants by said party
of the second part to be observed and performed, are as follows,
to wit:
I.-The said Railway Company shall arrange for the connection
of its tracks with the tracks of the New York and Brooklyn
Bridge at some point at or north of Tillary street, in the City of
Brooklyn, to be determined upon by the Chief Engineer of the
party of the first part and convenient for that purpose, so that
the trains of said company shall approach and enter the prop



66


erty of the said Trustees upon a single track, which shall be connected with the north tracks now owned and controlled by the
said Trustees over said Bridge, and so that the trains of said
Company on returning from New York shall leave the property
of the said Trustees upon a single track, which shall be connected with the south tracks, now owned and controlled by the
Trustees, over said Bridge in such manner as may be designated
by the Chief Engineer of said Bridge.
The said Trustees shall permit the said Railway Company to
bring its empty cars and trains to the present or any subsequently
constructed outgoing platform of the Trustees in the New York
station which may be by the said Trustees designated, or the
construction of which may be permitted, and there to reecive passengers for transportation to Brooklyn. All platforms used or
to be used by the party of the second part shall be so used subject to the control and use thereof by the said Trustees, and any
platforms subsequently constructed pursuant to permission of said
Trustees for the use of said party of the second part, together
with the stairways thereof, shall be constructed at such points
as shall be designated by the Chief Engineer of the party of the
first part.
Said Railroad Company shall prepare the plans for such connections, and do and pay for the work, provided only that said
plahs shall be approved by the Chief Engineer of the party of
the first part and the work be carried on subject to his approval
and inspection, and such plans are those hereto attached, which
it is hereby covenanted are and constitute a part of this agreement.
II.-The location of the said tracks and of the curves and
switches necessary to connect the present tracks of the said railway with the tracks of the said Bridge, and all constructions of
every kind necessary to the use of the said tracks, as herein provided, shall be under the absolute control and direction of the
Chief Engineer of the said Bridge, and no construction of any
kind connected therewith or relating thereto shall be had or used
unless the plan or plans therefor have been first submitted to the
said Engineer, and have been approved by him and are hereto
attached, as aforesaid.
III.-The expenses of all changes necessary in the construction
upon the said Bridge or the approach thereto, in order to permit




67
the delivery of the cars of the said Elevated Railway Company
to the control of the said Trustees of the Bridge, and to permit
the transportation thereof and return thereof to said Railway
Company, and the maintenance and repairing of all changes and
additions aforesaid, shall be borne and paid by the said Railway
Company. Provided, that the cost of whatever part of such construction which shall be used by more than one railroad company,
or the necessity for the creation of which shall be common to the
bringing upon the Bridge of cars of more than one railroad company, shall be borne by the several railroad companies in such
shares and proportions as they may agree upon, or, if they fail to
agree, in such shares and proportions as the Trustees of the said
Bridge may determine.
All plans and contracts for labor and material necessary to the
construction aforesaid of the approaches to the premises of the
Trustees, and to the entry upon and departure from said premises by said Railway Company, shall be made by said Railway
Company in its own name and upon its own responsibility; all
material necessary to be used upon the premises of the Trustees
shall be supplied by said Railway Company, and all labor to be
performed upon said premises shall be performed by said Railroad Company, and the cost thereof paid by said Railway Company, before entering said premises with its cars. All of such
work and material shall be subject to approval and rejection by
the said Trustees; all of such construction upon property belonging to the Trustees of the New York and Brooklyn Bridge shall
become and be the property of the said The Trustees of the New
York and Brooklyn Bridge, when and as soon as work shall be
begun or material necessary to such construction shall be delivered
upon premises of said party of the first part, all work done in
pursuance of the terms of this contract by said Railway Company, shall be so carried on as in no manner to interfere with,
limit or obstruct the operation of the railroad of and belonging to
said Trustees upon and over said Bridge.
IV.-All rights of way, franchises and property necessary to
be secured in order to construct the tracks upon which to enter
upon and leave the said Bridge property shall be secured and
paid for by the said Railway Company.




68


V.-Each car, except motor cars, of the said Elevated Railwav
Company intended to be used upon the railroad of the Bridge
shall be equipped with grips in form and construction as may be
designated by the Chief Engineer of the Bridge, together with
the same appliances for braking while on the Bridge as employed upon the cars of the Trustees of the Bridge, or as directed
by said Chief Engineer. One car on each train shall also be
equipped with electric motors on each truck identical with those
adopted by the Bridge Trustees, or as may be suggested and approved by the Chief Engineer of the Bridge, for the purpose of
switching trains at termini. All elevated railway cars sent or
used upon the Bridge shall have side doors, in form and construction to be approved by said Chief Engineer.
VI.-All cars used on the Bridge service, and all equipment
and appliances relating thereto, located on Bridge property,
shall be subject at all times to inspection by the Bridge authorities, who shall have power to forbid rights on the Bridge to
cars that may, for any reason, be unsatisfactory, and to direct
the removal of any old or inadequate equipment or appliances,
and the substitution therefor of others of approved character.
On arriving at the place nearest to the point where the cars of
said Railway Company shall enter upon the premises of the
Trustees of the Bridge, as the same shall be fixed and located
by the said Bridge Trustees the locomotives shall be detached
from the trains upon the said elevated railway, and such trains
shall then be propelled by the electric motor cars, already referred to, over such tracks as the Trustees of the said Bridge
shall designate to the point at which the cable is lifted into grips,
from which point the train shall proceed over the Bridge by
cable traction precisely as the cars of the Bridge Railway are
now operated; and on returning from New York the said trains
after passing the unloading platforms at the Brooklyn terminal
of the said Bridge shall be propelled by the electric motor car
as aforesaid, to the place upon the track of the said Elevated Railway Company selected by the Chief Engineer of the party of the
first part. From the time when the trains of the said Railway
Company enter upon the premises of said Trustees until on the
return of the trains from New York, they shall depart from said
premises, said cars and trains shall be under the exclusive man



C9


agement and control of the Trustees of the New York and
Brooklyn Bridge and of their employees.
VII.-The said Trustees shall have full and complete power to
make and adopt all other rules and regulations which to them
shall seem reasonable and proper relating to the transporting
of the cars of the said Railway Company over the said Bridge,
including the method of payment of tolls, the style of cars to
be used, and the condition of the cars, the switching of cars,
and the use of platform, and to amend or alter any of such rules
or regulations so as to secure the safety and comfort of persons using the said Bridge, and to subserve the purpose for which
said Bridge was constructed; but the Railroad Company shall be
allowed to place and retain advertising signs inside its cars.
The Railroad Company shall not bring upon the premises of
the party of the first part or deliver to them for transportation
across the Bridge, any cars in which smoking shall be permitted
while the cars of the said Railroad Company are upon the premises of the party of the first part.
VIII.-The said Railway Company shall pay to the said Trustees of the New York and Brooklyn Bridge the sum of twelve
and one-half cents per round trip for each car transported as
aforesaid, provided that if at any time the regulations adopted
by the said Trustees shall be altered or modified so as to permit
the said Railway Company to operate cars across said Bridge
by their own power, the said Railway Company shall pay the
sum of five cents per round trip for each car so operated; provided that, pursuant to the provisions of chapter 663, Laws of
I897, the said party of the second part shall not by reason of
the payments by it to be made to the party of the first part as
herein provided or otherwise, or for any reason whatsoever,
" charge any fare in excess of, or additional to, the fare exacted
by it from any passenger for one continuous ride upon any of
the routes in either of the cities of New York or Brooklyn,
as the case may be, so that the said route of said- corporation
operated across said Bridge hereunder, so far as the exaction of
a fare is concerned, shall be taken and deemed to be a part of
the continuous route, or one of the continuous routes, of the
said Railroad corporation whereon one fare is exacted, so that
no extra or additional fare shall be exacted by said party of the




70


second part from any passenger carried to or from the Bridge
and across the Bridge in addition to the fare exacted from such
passenger for carriage to and from the Bridge only."
IX.-All trains coming upon the premises of the party of the
first part shall, when approaching an intersection with any track
of said party of the first part, be brought to a full stop before
crossing the same, and shall not be again started until signal
to proceed be given by a man employed for such purpose by
said party of the first part.
X.-The said Railroad Company shall protect and hold harmless the said Trustees from and against all losses, damages and
claims for damages, actions, recoveries, costs, disbursements and
expenses of every nature arising from, based upon, connected
with, or in ally manner charged to be due to injury to person
or property received or sustained by any person upon and in
the cars of the said Company whenever and wherever upon the
premises of said Trustees such injuries may arise, be received
or sustained, or which may be caused by the cars of the said
Railroad Company, or which may arise from or be connected
with the presence and operation of such cars upon such premises
or which shall in any wise be connected with or arise out of
the bringing of the said cars upon the premises of the party of
the first part, or transporting or operating them, upon, over or
across the same, or which may arise from or be connected with
the making, building, construction, erecting, or changing of
any work, of every kind necessary for the bringing of the cars
of the party of the second part upon the said Bridge and the
operating and the transporting of the same across the said
Bridge, or in any and every wise growing out of the use of the
said Bridge and of the premises, appurtenances and appliances
thereunto belonging by the party of the second part.
And the said Railroad Company shall further protect and hold
harmless the said Trustees from and against losses, damages
and claims for damages, actions, recoveries, costs, disbursements
and expense of every nature which may arise or result from any
failure or delay on the part of the said Railroad Company to
promptly and regularly operate and transport its cars across said
Bridge in either direction, or for any delay or hindrance to said




7I


cars while in transit, from whatever cause or reason such neglect or refusal or delay may arise, or which may arise to any
person using the said Bridge in any way or manner, who shall
be injured in person or property, or hindered or delayed in
the use of said Bridge by reason of any matter, thing or occurrence arising from or connected with the operation of the
cars across the said structure. And, should there at any time
occur a block upon the roadway of said Bridge, or interference
with the use of said roadway by the public by reason of the
operation of the cars of the said Railroad Company across the
Bridge, the said Railroad Company shall protect and hold harmless the said Trustees from and against all claims or damages resulting from the same. And should there be caused by the
operation of the said cars, or in any connected therewith, any
accident upon such roadway, the said Railroad Company shall
in like manner protect and hold harmless the said Trustees
against losses, damages, and claims for damages, actions, recoveries, costs, disbursements and expenses of every nature,
which may arise therefrom.
And the said Railroad Company shall further protect and hold
harmless said Trustees from and against any and all suits, lets,
hindrances, actions, recoveries, claims, damages, costs, disbursements and expenses of every kind, nature, amount and description, which may arise, be made and presented, brought, instituted, sustained or recovered on the ground of deprivation of
owners of pr6perty adjoining premises of the party of the
first part of light, or air, or interruption of either, or of damages
of any and every nature consequent upon and resulting from
the bringing of the cars of said Railroad upon premises of party
of the first part and operating the same thereupon, and over said
premises and Bridge.
But nothing herein is to be construed as rendering the party
of the second part liable to the Trustees or to any person, firm
or corporation, for any damages, injury or hindrance, or render
it liable to suffer any recovery against it by said Trustees for
any delay or accident arising solely from faulty construction
or imperfect track or appurtenance of or connected with the
Bridge or solely from. negligence on the part of the agents or
servants of the Trustees.




72


XI.-The supervision, management and control of cars of
the Railway Company shall in every particular and at all times
be wholly exercised by the Trustees of the New York and Brooklyn Bridge within the discretion and at the dictation of the Chief
Engineer of said Trustees from the delivery of said cars upon
the premises of the Trustees till their departure therefrom, provided, only, that while said Chief Engineer shall at all times
regulate and limit in his discretion the number of cars of the
Railway Company which may be operated as aforesaid, nevertheless inasmuch as it is in contemplation by the parties hereto that
privileges similar to those herein set forth are to be granted to
the Brooklyn Elevated Railroad Company, the number of cars
of the Kings County Railway Company to be operated upon
and over said Bridge shall not be limited to less than one car
of the Kings County Elevated Railway Company to two cars
of the Brooklyn Elevated Railroad Company.
It is hereby mutually covenanted and agreed that no delay,
hindrance or refusal to receive and operate cars of the Kings
County Railway Company shall be made or exercised by
reason of failure for any reason on the part of the Brooklyn
Elevated Railroad Company to deliver its quota of cars upon
the premises of the Trustees regularly and promptly in accordance with any schedule or rule of operation which may be
promulgated by said Chief Engineer.
AND WHEREAS, the exercise of the right to cause its cars
to be operated across the Bridge necessitates the surrender by
the Trustees to such use of one set of tracks for such purpose,
thereby reducing the number of Bridge trains which it is
possible for said Trustees to operate, now therefore, it is
hereby mutually agreed that the number of trains and cars to
be delivered by said Railway Company to said Trustees shall
at all times equal one-half the number of trains and cars belonging to said Trustees and operated by them, at the date of
the execution of these presents, provided only, that should the
Brooklyn Elevated Railroad secure from said Trustees provisions similar to those hereby granted, the said party of the
second part may reduce the number of cars to be delivered by
it to not less than one-sixth the number operated by said
Trustees at the date of the execution of these presents.




73
XII.-The term of the right and privilege hereby granted
to the party of the second part to enter upon the premises of
the party of the first part with its cars for the transportation
of passengers, and to have its cars and the passengers using
and traveling in the same transported and operated by the
said Trustees across its Bridge, and to that end to cross, intersect, join and unite its railroad with the railroad operated
by the party of the first part, shall be terminable at the option
of either party hereto after expiration of ten years from the
date when this contract shall be duly executed, provided only
that, if, in the opinion of the party of the first part, or its
legal successors, and of the Mayor of The City of New York,
and of the President of the Borough of Brooklyn, to be hereafter elected pursuant to the provisions of chapter 378 of the
Laws of 1897, or in the opinion of the majority of them, it
should be determined that it is against the public interest to
continue the operation of the trains or cars of the party of the
second part, upon, over and across the Bridge, or if the said
party of the second part should for itself determine that the
facilities afforded it are inadequate for its passenger service,
then, and in that event, this agreement and all of the rights
and privileges granted to said party of the second part and
obligations assumed by it, shall be terminable on and after
three months' notice in writing by either party to the other
that it elects to determine said contract.
XIII.-The said Railway Company before entering in any
manner upon the premises of the party of the first part for
the performance of any work necessary to make the connection hereinbefore provided for shall execute and deliver to the
Trustees of said Bridge its bond in the sum of fifty thousand
dollars and in such form with such sureties as the Trustees
shall prescribe (which bond shall be approved as to form and
manner of execution and sufficiency of sureties by the Counsel
of said Trustees) conditioned that the said Company shall
promptly complete the work entered upon by it as hereinbefore provided, and if it shall fail so to do that it shall pay
to said Trustees of said Bridge the necessary expenses of completing the same or of removing any portions of said structures
which are upon the property of the said the Trustees of the




74


Bridge, and of restoring the Bridge and all the premises of the
party of the first part, and all things appurtenant thereto, to
the present condition, whichever the said Trustees shall elect
to do; and further conditioned that the said Railway Company shall observe, obey and keep each and every rule and
regulation made and adopted by the said Trustees as hereinbefore provided, and for the discharge of any and all liability
hereby imposed and which may arise or be incurred pursuant
to the provisions of this contract; and further conditioned that
the said Railway Company shall and will faithfully, promptly
and fully pay to said Trustees the rental hereby reserved and
the charges hereby imposed.
And for a failure and neglect to observe, obey and keep
such rules and regulations, or any of them, and for failure to
promptly make payment to said Trustees of the said rental
reserved and charges by this agreement imposed, the said
Trustees may revoke the said agreement so far as it affects
the said Railway Company, and thereupon said Railway Company shall forfeit all rights and privileges heretofore enjoyed
thereunder.
XIV.-It is hereby covenanted, agreed and understood
that the foregoing agreement in all its parts does and is intended to apply to the Kings County Railway Company, and
to any and all companies which as the result of the reorganization of said company now pending may be and become the
legal successor to said company and owner of its rights,
privileges and franchises, and to James Jourdan, Esq., as
Receiver of the corporate rights, franchises and properties of
said Kings County Railway Company and to any and all
successors in office of said James Jourdan as Receiver, and
that in order to be effectual and binding this instrument
shall be executed by the officers of said Railway Company and
by said Receiver.
It is further covenanted that said Receiver shall before executing this agreement, obtain the consent of the Supreme Court
having control and jurisdiction of and over the acts of such
Receiver to the execution thereof.




75


XV.-The said Railway Company doth hereby further covenant, promise and agree, that for and in consideration of the
provisions of this instrument and of the privileges and grants
thereby extended to it by the party of the first part, it will commence the work preparatory to the exercise of the privileges
hereby extended within sixty days after the date of the execution
of this instrument, and that all of said work hereinbefore provided for as necessary to the operation of the cars of the said
Railway Company over the Bridge shall be fully completed, and
said operation of cars be regularly commenced within one year
after the date of the execution of these presents, provided only,
that should either the commencement, continuation or finishing
of such work or the operation of the cars of the said Railway
Company upon, over and across the premises of the party of the
first part be delayed by litigation, strikes or causes of delay not
created by the party of the second part, and not to be avoided
by ordinary precautions on its part, the time necessarily consumed in such litigation and by such strikes or causes of delay
aforesaid, shall be added to the time herein provided for the beginning and completion of the work aforesaid; and further provided, that for failure to comply with the provision of this agreement, or by reason of the institution by or at the instigation of
the said Railway Company of litigation of any nature, instituted
in any wise for the purpose of increasing the time within which
the provisions of this contract shall be put in effect, the said
party of the first part, may, at the discretion of said Trustees
revoke each and every privilege hereinbefore contained and set
forth, and upon such revocation all work and material put upon
the premises of the party of the first part by said Railway Company shall be and become forfeit to the said Trustees without
damage or compensation therefor to the said Railway Com-.
pany.
It is hereby covenanted and agreed, that the said Railway
Company shall not in any way enter upon the premises of the
party of the first part or commence any work or construction
thereon, nor place any material to be used in such work and construction upon the premises of the party of the first part, until
all the work and construction to be undertaken and performed
by the party of the second part outside of the property of the




76


said Trustees, and necessary and sufficient for the purpose of
making the connection between the railway of the said party of
the second part and that of the said Trustees, as hereinbefore
provided, shall be fairly under way to the end that all construction necessary to cross the Bridge by cars of the aforesaid railroad may be completed at about the same time; nor shall said
Railroad Company enter upon or do any work of construction
upon the premises of said Trustees until it shall have secured
its right-of-way and removed any and every injunction that may
have been granted by a Court of competent jurisdiction, and also
that the said Railway Company shall not in any way interfere
with the operation of the railroad operated by the Trustees,
pending construction necessary to connect the railroad of the
party of the second part with the Bridge and permit its cars to
be operated thereon, nor shall said Railway Company use the
structure of the Bridge for the storage of material to be used
in such work and construction, nor permit its employees or
the employees of contractors to use the Bridge premises as a rendezvous or resting place, but work of construction is to proceed
day by day without interruption, except if the Railroad Company
is enjoined from proceeding by the Court, or in the event of
strikes or hindrances or delays beyond the control of the Railroad Company, and it is expressly stipulated that in all matters
connected with construction and work on the premises of the
Trustees, that the Chief Engineer of the Bridge shall have absolute
supervision and control.
IN WITNESS WHEREOF, on the 23d day of August, Eighteen
hundred and ninety-seven, the party of the first part, the Trustees of the New York and Brooklyn Bridge, has caused these
presents to be subscribed by its President and its corporate seal
to be hereto affixed, and on the same day the said Kings County
Elevated Railway Company, the party of the second part hereto,
hath likewise caused these presents to be subscribed by its President and its corporate seal to be hereto affixed, and James Jourdan, the Receiver of the said party of the second part, hath on
the same day and likewise in witness thereof and by direction
of the Supreme Court of the State of New York, granting permission and authority to him so to do, for and on behalf of the




77


said Railroad Company of which he is such Receiver, likewise
subscribe these presents and caused his seal to be hereto attached.
THE TRUSTEES OF THE NEW YORK AND BROOKLYN BRIDGE,
By WILLIAM BERRI, President.
In presence ofAttest:
HENRY BEAM,                                 [SEAL.]
Secretary.
H. J. ROBINSON,
Secretary.
THE KINGS COUNTY ELEVATED RAILWAY COMPANY,
By JAMES JOURDAN,
President.
JAMES JOURDAN,
Receiver.
STATE OF NEW YORK, 1
City of Brooklyn,   Ss.:
County of Kings,  J
On this twenty-third day of August, in the year eighteen hundred and ninety-seven, before me personally came William Berri,
to me personally known, who being by me duly sworn, did depose
and say that he resided in the City of Brooklyn; that he was the
President of The Trustees of the New York and Brooklyn
Bridge, the corporation described in and which executed the
foregoing instrument; that he knew the corporate seal of the said
The Trustees of the New York and Brooklyn Bridge; that the
seal affixed to the foregoing instrument was such corporate seal;
that it was affixed by order of said Trustees, and that he signed
his name thereto as President by the like order.
A. F. BRITTON,
Notary Public,
Kings County.




78


STATE OF NEW   YORK,
City of Brooklyn,   ss.:
County of Kings,
On this twenty-third day of August, in the year eighteen hundred and ninety-seven, before me personally came James Jourdan,
to me personally known, who being by me duly sworn, did depose
and say that he resided in Edgewater, Richmond County, N. Y.;
that he was the President of the Kings County Elevated Railway
Company, the corporation described in and which executed the
foregoing instrument; that he knew the corporate seal of the said
Railway Company; that the seal affixed to the foregoing instrument was such corporate seal; that it was affixed by order of the
Board of Directors of the said Kings County Elevated Railway
Company, and that he signed his name thereto by the like order
as President of the said Kings County Elevated Railway Company.
A. F. BRITTON,
Notary Public,
Kings County.
STATE OF NEW   YORK,
City of Brooklyn,   ss.:
County of Kings,  J
On this twenty-third day of August, eighteen hundred and
ninety-seven, before me personally came James Jourdan, to me
personally known, who being by me duly sworn, did depose and
say that he resided in Edgewater, Richmond County, N. Y.; that
he was the Receiver of the Kings County Elevated Railway Company; that he executed the foregoing agreement for and on behalf of the said Kings County Elevated Railway Company, in his
capacity as Receiver thereof, by subscribing his name and affixing
his seal thereto, and that such execution by him was made and
done pursuant to the provisions of an order of the Supreme
Court of the State of New York, made on the g9th day of
August, I897, in the matter entitled, whereby deponent as such
Receiver was authorized to make and enter into, execute and
acknowledge the said foregoing instrument.
A. F. BRITTON,
Notary Public,
Kings County.




79


AGREEMENTS (MODIFIED)
BROOKLYN ELEVATED RAILROAD COMPANY
AND
THE KINGS COUNTY ELEVATED RAILWAY CO.
THIS AGREEMENT, made this twenty-third day of June,
I898, by and between JOHN L. SHEA, Commissioner of Bridges
of The City of New York (hereinafter called the "Commissioner "), of the first part, and FREDERICK UHLMANN, Receiver
of the Brooklyn Elevated Railroad Company (hereinafter called
the "RECEIVER") and the said BROOKLYN ELEVATED RAILROAD
COMPANY, parties of the second part. (It being understood that
the term the " Brooklyn " when hereafter used shall include the
"Receiver," any person who may be appointed in his place and
any successor company that may be organized to operate the
"Brooklyn" Elevated Railroad Company, the Union Elevated
Railroad Company (hereinafter called "The Union") and the
Sea Side and Brooklyn Bridge Elevated Railroad Company (hereinafter called the " Seaside "), after the sale under the foreclosure
of the several mortgages of the respective properties and franchises of such several railroads):
WHEREAS, an agreement was heretofore duly executed between the Trustees of the New York and Brooklyn Bridge and
the "Brooklyn," dated the 23d day of August, 1897, in which
contract the said " Receiver " joined in pursuance of the authority of the Supreme Court, providing for the operation of the cars
of the " Brooklyn" over one set of the gauntleted tracks of the
railroad upon the New York and Brooklyn Bridge, the other set
of such tracks being reserved for the operation by said Trustees
of the railroad running between the termini of said Bridge (hereinafter called the "Local Railroad "), a copy of which contract
is hereto annexed; and,
WHEREAS, by a contract bearing the same date, executed between said Trustees of the New York and Brooklyn Bridge and




the Kings County Elevated Railway Company (hereinafter called
the "Kings") and its Receiver, the said " Kings" was also
authorized to operate its cars over the same set of said tracks as
those authorized to be used by the " Brooklyn," and to construct
and operate a connection between the same and the structure of the
"Kings " in Fulton street, in the Borough of Brooklyn, City of
New York; and,
WHEREAS, by said two contracts the operation of the cars of
the "Brooklyn" and of the "Kings" over said set of tracks
and their connections on said Bridge was to be carried on under
the supervision and direction of the Bridge authorities, and by
both cable traction and electricity, and the trains of said railroads
while upon said Bridge were required to be under the exclusive
management and control of said Trustees and of their employees,
and while the " Brooklyn " was to hold said Trustees harmless
from all damage from the presence upon the Bridge of its cars
or their transportation over the same, yet that said Trustees
should remain liable for accidents arising from the faulty construction or imperfections in either the tracks or appurtenances
connected with the Bridge, and for negligence of the agents or
servants of said Trustees controlling the said trains; and,
WHEREAS, in and by said contract it was further agreed that
the number of trains and cars to be delivered by the " Brooklyn "
and the " Kings " to the Trustees shall be equal to one-half the
number of trains and cars belonging to said Trustees and operated
by them upon said "Local Railroad" at the date of said contract, of which number at least two-thirds should be so delivered
by the " Brooklyn " and one-third by the " Kings "; and,
WHEREAS, the platform upon said Bridge to be used by the
"Brooklyn " under said contract has been constructed and the
connections between the Bridge and the structure of the said
" Brooklyn " are so far completed that the cars of the " Brooklyn "
will be operated over said Bridge within a short time; and,
WHEREAS, said contract provides that the " Brooklyn" shall
pay for the operation of its cars over said Bridge, for the service
of the Bridge employees having control of such cars while they
are upon said Bridge, and for the use of the cable and electric




power belonging to said Bridge the sum of twelve and one-half
cents per round trip for each car hauled over said Bridge; and,
WHEREAS, it is provided in said contract that in case the regulations of said Trustees shall be altered or modified so as to permit the " Brooklyn" to operate cars across said Bridge by its
own power, it shall pay the sum of five cents per round trip for
each car so operated; and,
WHEREAS, at the time of the execution of said contracts with
the " Brooklyn " and the " Kings" contracts were also made between the said Trustees of the New York and Brooklyn Bridge
and the Brooklyn Heights Railroad Company, the Nassau Electric
Railroad Company and various other street surface railroads in the
City of Brooklyn, authorizing them to operate their respective
cars over the driveways of said Bridge, in pursuance whereof
tracks have been so laid in said driveways and said street surface railroads are operating their cars over the same by the trolley
system; and,
WHEREAS, since the operation of the cars of the surface railroads over the said driveways the number of passengers using
the "Local Railroad" operated by the "Commissioner" has
decreased until the same is now less than one-half of the number
of such passengers who were transported over said " Local Railroad" prior to the operation of said surface cars on the driveway of said Bridge, which reduction has so diminished the receipts of said "Local Railroad" as to render its operation unprofitable, and when the cars of the "Brooklyn" and of the
" Kings" shall be operated over such Bridge, the earnings of
said " Local Railroad " will be further greatly diminished, so
that the accountants of the said " Commissioner " have estimated and reported to him that notwithstanding the tolls provided to be paid by the respective surface and elevated railroads under the contracts made by them with the said
Trustees, and all and every other income which may be
received by the " Commissioner" from the said Bridge, the
operation of the said " Local Railroad " by him, if continued
and the aforesaid agreements of August 23, 1897, with said
several surface and elevated railroads remain in force will involve an annual loss to The City of New York of upwards of
$6oo,ooo; and,




82


WHEREAS, the said "Commissioner," who has succeeded to
the powers and duties of the Trustees of the New York and
Brooklyn Bridge, has expressed dissatisfaction with said contract
between said Trustees and the " Brooklyn," and has required that
the same shall be altered to the end that The City of New York
shall realize a larger amount than that prescribed in said contract for the operation of the cars of the " Brooklyn " over said
Bridge, and has also required the assumption by the " Brooklyn"
of the operation of the " Local Railroad " of the Bridge, so as to
relieve the said " Commissioner " from the expense of operating
the same and of furnishing power and employees to said
"Brooklyn "; and,
WHEREAS, the " Brooklyn " has agreed to assume these obligations upon the terms and conditions herein provided; and also
to pay an increased price for the operation of its cars over the
set of tracks reserved for elevated railroads; and,
WHEREAS, the said " Brooklyn " is in the possession of and is
being operated by said Frederick Uhlmann, who has been appointed Receiver thereof in certain foreclosure suits instituted by
the Central Trust Company of New York, as Trustee, against the
said Brooklyn Elevated Railroad Company and the Union Elevated Railroad Company, respectively, and in said actions and in
a similar action brought by the said Central Trust Company
against the Seaside and Brooklyn Bridge Elevated Railroad
Company, the rights and franchises of the said " Brooklyn," the
" Union" and the " Seaside " will be sold and will, it is expected,
be acquired by a new corporation to be formed by the purchasers;
and;
WHEREAS, Frederic P. Olcott, James T. Woodward, Charles
Parsons, Ernst Thalman and Leonard Lewisohn, the Reorganization Committee, who are the holders of nearly all the bonds of the
" Brooklyn " and of the " Union " and the " Seaside," as also of
the great majority of the shares of the capital stock of the
" Brooklyn," and who, as the holders of such securities, intend to
become the purchasers at said foreclosure sale and to organize
said new Corporation, have approved of this agreement, and requested the execution thereof by said " Receiver "; and,




83


WHEREAS, the safety, comfort and convenience of the traveling public are intended to be and will be greatly enhanced, and
it is estimated that instead of The City of New York being compelled to meet a large deficiency from the operation of the said
Bridge, it will secure a considerable surplus of revenue therefrom,
if the agreements of August 23, I897, are modified, and if the
operation of the " Local Railroad" shall be assumed by the
" Brooklyn " as herein provided;
Now, THEREFORE, THIS AGREEMENT, WITNESSETH, that in
consideration of the premises, of the mutual agreements hereinafter contained and of the sum of one dollar paid by each of the
parties hereto to the other, the receipt whereof is hereby acknowledged, it is HEREBY MUTUALLY AGREED by and between the
parties hereto as follows:
PART I.-THE "BROOKLYN" to UNDERTAKE THE OPERATION
OF THE " LOCAL RAILROAD" ON THE BRIDGE.
First-The " Brooklyn " hereby agrees that it will during
the existence of this agreement, at its own expense, operate the
" Local Railroad " between the termini of said Bridge, which is
now operated by said " Commissioner," upon the set of gauntleted tracks upon said Bridge reserved for the use of said " Local
Railroad," in pursuance of the agreements heretofore made between the Trustees of the said Bridge and the " Receiver " and
the " Brooklyn " and between said Trustees and the " Kings "
and James Jourdan, its Receiver, and will furnish, fix the wages
of and pay all necessary employees, and in all things assume and
carry out the obligations of said Commissioner," with regard to
properly operating the same, for the term and in the manner
hereinafter specially set forth, and shall at all times faithfully keep
and observe on its part all and singular the stipulations and
agreements hereinafter set forth relating to adequate train service
in the interests of the public, as well as the payment of the tolls
and revenues provided for herein. Inasmuch as by the through
service which will be rendered by the operation of the cars of the
" Brooklyn " and of the " Kings " both over said Bridge and over
the said elevated railroads, respectively, for a single fare of five
cents, the number of passengers using the said " Local Railroad "




84


will be largely diminished, it is agreed that the number of trains
to be operated over said " Local Railroad " by the " Brooklyn "
may from. time to time be increased or diminished by it to conform to the requirements of the traveling public passing between
these termini. It shall not be incumbent upon the " Brooklyn"
to operate special trains upon said "Local Railroad" between
said termini of the Bridge during those hours of the day and night
when travel shall be light. Provided, however, that whenever
such special trains during said hours shall be discontinued, the
"Brooklyn " must operate through cars and trains which will
also furnish adequate facilities for such of the public as desire
only to travel between the termini of the " Local Railroad " of
the Bridge. Special trains shall, however, be operated upon the
said " Local Railroad " during the " rush hours " of the morning
and evening of week days. The " Commissioner," however, shall
be the judge of what is such adequate train service, and in the
interests of the traveling public may require that the present
facilities shall not be curtailed or diminished.
Second-The "Commissioner" shall personally or by his
appointees, inspect and supervise the operation of the said " Local
Railroad " by the said " Brooklyn " and give s.uch directions in
relation thereto as will insure proper service to the public. All
of the employees of the " Brooklyn " in the operation of said
" Local Railroad" shall be subject to the approval of the " Commissioner" and no appointee shall be retained by the " Brooklyn " in connection with the operation of the said " Local Railroad" if the said " Commissioner" shall find that he is an unfit
person for such purpose.
Third -The said " Commissioner " shall designate the switchmen to operate the tower and other switches on the tracks of said
" Local Railroad," and also the switchmen to operate the switches
at the places where the railroads of the "Brooklyn" and
" Kings" shall cross the tracks of said Bridge in entering and
leaving the same in the Bridge yard. The appointments of such
switchmen shall, however, be approved by the " Brooklyn " and
no one shall be appointed or retained in such capacity if he shall
be objected to by the " Brooklyn " as not being competent for
that purpose. The wages of such switchmen shall be fixed and
paid by the " Brooklyn."




85
Fourth-Whenever both the Elevated and " Local Railroad "
trains shall be operated over said Bridge in the " rush hours "
of the morning and evening, during week days, the " Brooklyn "
is required, in order to avoid all danger of collision, to use in
operating such cars over the said Bridge, the cable and grips,
together with electric power such as is now used in such operation. At all other hours of the day and night, the use of the cable
and grips, may at the option of the " Brooklyn" be discontinued,
provided that such discontinuance shall not in the judgment of
the " Commissioner" be detrimental to the traveling public.
Fifth-The rate of fare to be charged to passengers who may
be transported by the " Brooklyn " between said termini only,
whether the same be in special trains of the " Local Railroad "
or in the through trains of the " Brooklyn " shall be three cents
for a single passage or five cents for two tickets, as is now
charged by the " Commissioner" and such tickets shall be transferrable.
Sixth-The "Brooklyn " agrees that it will during the continuance of this agreement, keep special books of account which
shall at all times be open to the inspection of the " Commissioner " or any accountant to be appointed by him and which shall
set forth all receipts arising from the operation of the " Local
Railroad." From said receipts there shall be deducted the
moneys paid by the " Brooklyn" for such operation, including
salaries, wages to employees, material, cost of maintenance and
the general expenses connected therewith. The difference will
be entered in such books as surplus or deficit, as the case may be.
If, at the end of any fiscal year, there shall be a deficit, the
" Brooklyn " is to bear the same and make no charge whatever
for reimbursement of any part thereof against the "Commissioner." If, on the other hand, there shall be a surplus, the
"Commissioner " shall be entitled to receive from said surplus,
as follows:
Five per cent. (5%) thereof, if over ten thousand dollars
($Io,ooo) and under twenty thousand dollars ($20,0oo).
Seven and one-half per cent. (712 %) if over twenty thousand
dollars ($20,000) and up to forty thousand dollars ($40,000).
Ten per cent. (Io%) if over forty thousand dollars ($40,000)
and up to sixty thousand dollars ($60,00o).




86


Twelve and one-half per cent. (I22 %o) if over sixty thousand
dollars ($60,000) and up to eighty thousand dollars, ($80,000).
Fifteen per cent. (I5%) if over eighty thousand dollars ($80,ooo) and up to one hundred thousand dollars ($Ioo,ooo).
Twenty per cent. (20%) if over one hundred thousand dollars
($ioo,ooo) and up to one hundred and fifty thousand dollars
($50,oo00).
Twenty-five per cent (25%) on all amounts exceeding one
hundred and fifty thousand dollars ($I5o,ooo).
To the end that the " Commissioner " is to receive, in any
event, without any deduction whatever, on account of the
losses which may be sustained by the operation of the " Local
Railroad  in any year, all and any income coming to him
under this agreement or any other source of income connected
with said Bridge, and that in case any profits shall be derived
from the operation of said "Local Railroad" he shall be
entitled to participate therein as hereinabove mentioned.
Seventh-The said "Commissioner" acting for and on behalf of The City of New York, and for and in consideration of
the payments to be made to him by the " Brooklyn " and of
the faithful, just and full performance of the several undertakings, covenants and agreements to be by it carried out as
herein set forth, has authorized and does hereby authorize the
said " Brooklyn " subject to the reservations herein provided,
to operate the said "Local Railroad" over said tracks and
between the termini of the said Bridge as hereinabove set forth.
Eighth-To enable the said "Brooklyn." to operate said
"Local Railroad " and to fulfill the covenants upon its part
herein contained, it shall, subject to the reservations herein
stated for the uses and purposes mentioned herein, have the
full, sole and unobstructed use of the tracks of the "Local
Railroad" hereinabove mentioned, together with all switches,
sidings, signals, interlocking switches, platforms and stairs
connected with such railroad, and all existing appurtenances
that are or may be necessary and convenient for the purpose
of operating such railroad in the same manner and with the
same precautions against accidents as said " Local Railroad "
is now operated by said "Commissioner," and also such
thereof as may be necessary from time to time, in order to




enable said " Brooklyn " to operate the said " Local Railroad "
in accordance with such requirements as said "Commissioner" may hereafter give, in order to insure the safe and
proper operation of the said Railroad.
Ninth-The " Brooklyn " shall, subject to such reservations
as are herein contained, for the purpose of the operation
of  said  " Local  Railroad"  and  the  cars  or  trains
of the " Brooklyn" over said Bridge and to enable it
to furnish  cable  power to the   " Kings" when    said
power is required by this contract, or any contract made or
to be made with the " Kings" to be used, have the sole and
unobstructed use of all the cars, motor cars, cables, cable
and electric power plant, storage and switching yards, and
all other appurtenances in possession of said " Commissioner"
which are used in connection with the operation of the " Local
Railroad" over said Bridge, the " Commissioner," however,
reserving the right to use so much of said electric plant, and
its appurtenances as is or may be required for the lighting of
said Bridge and its appurtenances, which lighting and use of
said electric power plant for the purpose of said lighting,
remains in the exclusive charge and control of said Commissioner, and is not assumed by the " Brooklyn." It being understood and agreed that the "Brooklyn" shall, if required
by said "Commissioner," furnish the power and electricity
necessary for the lighting of said Bridge and its appurtenances at a cost to be agreed upon by said " Brooklyn " and
said " Commissioner," which cost shall be paid by said Commissioner for the power and electricity furnished.
The " Commissioner ' reserves the sole control of the shops
and of the tools and machinery therein contained. He will
keep an account of the work and material which may be
used in such shops in doing such maintenance and repairs as
the " Brooklyn " is required to do under this contract and the
" Brooklyn " shall pay the costs thereof. Such cost shall not,
however, exceed the amount which the " Brooklyn" pays for
similar work and material. The persons employed in such
shops shall be under the exclusive control of said "Commissioner " and shall be employed, paid and discharged in his discretion.




88


Tenth-This agreement shall not affect the right of the
"Kings " to use such of the tracks through the storage yard
and across said Bridge as it is authorized by said contract
between itself and said Trustees to use in order to permit its
trains to pass between its structure in Fulton street in the
Borough of Brooklyn and the terminal of said Bridge in Manhattan, nor the right of such Company to use in connection
with the " Local Railroad " and the " Brooklyn," the discharging platform and stairs and one-half the space of the loading
platform and of the stairs leading to and from the platforms
now used by the " Local Railroad " at the Manhattan Borough
terminus of the Bridge, as provided in the said contract.
Eleventh-The " Brooklyn" hereby agrees that it will, during
the continuance of this agreement, maintain and keep the ties
and rails connected with the said " Local Railroad," the
rolling stock, electric and cable plants, machinery and all the
other property of the " Commissioner" herein mentioned, the
custody of which it shall receive under this agreement, in the
best of repair and that it will from time to time substitute new
ties, new rails, switches and other appurtenances and new
tools and machinery in the place of such thereof as may be
worn out, and will do and provide everything which may be
required to fully maintain and preserve the said " Local Railroad" in the same manner as would be done by the said
" Commissioner" if he was operating the same. Such maintenance and repairs shall be subject to the approval of the
said "Commissioner" or of his appointee. It shall not be
greater than is necessary to preserve the said property in
first-class order, reasonable wear and tear considered. Should
the " Brooklyn " at any time fail to keep the said railroad and
its appurtenances or any part thereof in the best of condition,
the Commissioner may give notice in writing to the " Brooklyn " requiring the same to be put in such condition. In case
of failure to comply with such notice within sixty days after
receipt thereof, he may declare this agreement to be terminated and the operation of the said "Local Railroad " by
the "Brooklyn " shall thereupon cease, and the "Brooklyn'
will on or before the expiration of said sixty days withdraw its
trains, both through and local, from said Bridge and surrender




89


to the " Commissioner " all of the personal property hereinbefore mentioned.
TTcelfth-No radical changes are to be made by the " Brooklyn " in either the rolling stock or appurtenances of the said
" Local Railroad " without the approval in writing of the " Commissioner."
Thirteenth-The " Brooklyn " may, with the consent of the
"Commissioner" discontinue the operation of special trains on
the " Local Railroad," always provided that at all hours of the
day and night when special trains are not in operation the
"Brooklyn   will transport passengers between termini of the
Bridge in its through cars at no higher rate of fare than is fixed
in the fifth clause hereof relating to fare for passengers using only
the " Local Railroad."
PART 2.-FURTHER USE OF THE "LOCAL RAILROAD" TRACKS.
First-For and in consideration of the premises and
of the obligations assumed  by  the "Brooklyn" in the
foregoing subdivision of this agreement, and of the payment
to be made by the " Brooklyn " to the " Commissioner," of the
sum of twenty thousand three hundred and six and 28/Ioo dollars ($20,306.28) annually, in equal quarterly installments, which
the " Brooklyn " agrees to punctually make to said " Commissioner," it is agreed that the " Brooklyn" may, at such times as
the tracks reserved for the use of the "Local Railroad" shall
not be used by the trains thereof to their full capacity, operate
over the same its own trains or cars or the trains or cars of any
other railroad with which it may connect and have traffic agreements, to the full capacity of such tracks, provided always, that
the cars and also the motive power used in connection with such
cars or trains shall be in all respects in conformity with this agreement and with the agreement made between the said Trustees and
the " Receiver" of the " Brooklyn" dated August 23, I897, as
hereby modified, and with the proper use of the Bridge, and the
same shall as to weight and dimensions of cars and character of
motor and of power be subject at all times to the approval of the
" Commissioner."




90


Second-It is understood that the operation of such cars is in
no way to affect the amount to be paid for the operation of
the " Local Railroad " as hereinabove provided, or the amount
which is to be paid as hereinafter provided, in relation to the
operation of the cars of the " Brooklyn " over the set of gauntleted tracks reserved for elevated railroads. In other words, so
long as the " Brooklyn " pays as toll the amount as hereinafter
stated for the operation of its cars over the track reserved for
elevated railroads, and upon its part faithfully performs each and
all the provisions of this agreement, no additional toll in addition
to the said sum of twenty thousand three hundred and six and
28/I00 dollars ($2o,3o6.28) is to be charged to it for such cars
as it may from time to time operate over the tracks of said
"Local Railroad."
Third-It is agreed that the " Brooklyn" will not charge any
fare in excess of or in addition to the fare now exacted by it, that
is to say, five cents, from any passenger for one continuous
ride upon any of its routes in either the Boroughs of Manhattan
and Brooklyn, as the case may be, for the carriage of passengers
across the said Bridge either over the tracks reserved for said
"Local Railroad" or over the tracks reserved for the use of
elevated railroads so that the route of said corporation or corporations operated across said Bridge under said contract, so far as
the exaction of a fare is concerned, shall be taken and deemed to
be a part of the continuous route or one of the continuous routes
of the " Brooklyn" or of any railroad with which it may be connected whereon one fare is exacted, so that no additional fare shall
be exacted by any elevated railroad corporation from any passenger carried to and from the Bridge and across the Bridge,
in addition to the fare exacted from such passenger for carriage to
and from the Bridge only.
Fourth-The tracks of the storage yard of the Bridge may
be used by the " Brooklyn " for laying up the cars used in operating the " Local Railroad," and such of the cars as it may operate
over the same and over the tracks reserved for elevated railroads
upon said Bridge.




9I


PART 3. —MODIFICATION OF CONTRACT OF AUGUST 23, I897, AS
TO USE OF SET OF TRACKS RESERVED FOR ELEVATED
RAILROADS.
First-The provisions of the aforesaid agreement of August
23, I897, between the Trustees of the New York and Brooklyn
Bridge, and the "Brooklyn," relating to the tolls to be paid by
the latter for the operation of its cars over said Bridge, are hereby suspended. In lieu thereof it is agreed that the " Brooklyn"
will, during the continuance of this agreement, pay to the " Commissioner" and his successors a toll of ten cents per car for each
round trip which a car owned, operated or controlled by the
" Brooklyn" shall make over the set of tracks of the Bridge
reserved for elevated railroads in and by said contract; and
WHEREAS, it is in contemplation to modify the aforesaid contract between the Trustees of the New York and Brooklyn
Bridge and the "Kings," dated August 23, I897, so that the
amount to be paid by it for operating its cars over said Bridge
upon said tracks reserved for elevated railroads shall be similar
to the amount hereby fixed to be paid by the " Brooklyn " therefor, which is expected to make the receipts of the " Commissioner " from the use of the said tracks by the cars of the said
two railroads, not less than the sum of two hundred and fifty
dollars ($250) a day; and
WHEREAS, it is expected that the "Kings" will begin to operate its cars over said Bridge on said tracks reserved for elevated
railroads, about August 23, I898, and will thereafter continue
such operation, but that until such operation is begun by the
" Kings," the " Brooklyn "will be the only elevated road operating over the Bridge: Now, THEREFORE, the "Brooklyn" undertakes and agrees that until the day when the said " Kings"
shall begin the operation of its cars across said Bridge, the amount
paid by the "Brooklyn" for use of the said tracks upon said
Bridge reserved for the elevated railroads granted to it by this
agreement shall not be less than the sum of two -hundred and
fifty dollars ($250) a day, for each and every day from and including the time of the taking effect of this contract, and that it
will pay to the said " Commissioner" the sum of two hundred
and fifty dollars ($250) per day, and in addition thereto the sum




92


of ten cents (Ioc.) per round trip, for each car which it shall
operate over said set of tracks during that period in excess of
twenty-five hundred (2,500) cars a day. From and after the
day when the said " Kings " begins the permanent operation of
its cars across said Bridge upon said tracks reserved for elevated railroads, and so long as the said cars of said "Kings"
are operated over the same, the amount to be paid td the " Commissioner" by the " Brooklyn " under this agreement shall not
be less than one hundred and sixty-six and 67/o00 dollars
($I66.67) a day, together with an additional sum of ten cents
(ioc.) for each of its cars crossing said Bridge in excess of
sixteen hundred and sixty-seven (I,667) cars per day.
In the event that the " Kings " should for any cause discontinue the operation of its cars across said Bridge as a separate
and independent corporation at any time during the terms of
this contract, then, and in that case, the " Brooklyn" shall resume the payment of a sum equal to two hundred and fifty dollars ($250) per day. Provided that no other elevated railroad
corporation is at the time operating cars upon said Bridge; to
the end that at no time during the term of this contract shall the
income from Elevated Railroad Corporation on said Bridge be
less than two hundred and fifty dollars ($250) per day.
Daily reports of the number of cars operated over said set
of tracks under this agreement shall be made to the " Commissioner, and the " Brooklyn " shall pay over to him on Monday
of each week during the continuance of this agreement the amount
hereby required to be paid therefor.  Should the "Commissioner " for any cause allow the cars of the " Kings " or any other
elevated railroad to be operated over such set of tracks for a less
toll than ten cents (Ioc.) per round trip, then, and in that event,
the " Brooklyn" is to pay the same toll as shall be paid by the
said other railroad, and the amount of one hundred and sixty-six
and 67/Ioo dollars ($166.67) per day herein guaranteed by the
"Brooklyn " as a minimum payment for the use of said set of
tracks shall be correspondingly reduced.
In case any other elevated railroad except the " Kings"
shall acquire the right to operate its cars or trains over said
Bridge and that by reason thereof the " Brooklyn " shall be
prevented from operating the full number of sixteen hundred
and sixty-seven (1667) cars over said set of tracks, the




93


amount to be guaranteed and paid by it under this paragraph
shall be proportionately reduced.
Second-It is further agreed that so much of the provisions
of said agreement shall be suspended as provide:
a. That the platform to be constructed by the " Brooklyn"
between the tail tracks of said Bridge at the New York (Manhattan Borough) terminal, shall be subject to the control and
use of the same by said Trustees, or their successors, and to the
use thereof by any subsequent lessee to whom said Trustees may
grant the use of the same.
b. That all cars used by the " Brooklyn" on said Bridge
shall be subject to inspection by the Bridge authorities and
that the latter shall have authority or control over the same
in regard to their construction or method of operation while
upon said Bridge, and that from the time the trains of the
" Brooklyn " enter upon the premises of said Trustees until
on the return of the trains from New York they shall depart
from said premises, said cars and trains shall be under the
management and control of the said Trustees and of their
employees.
c. That the Trustees shall have authority to adopt such
rules and regulations as to them shall seem reasonable and
proper, relating to the transportation of the cars of the " Brooklyn" over said Bridge, including the method of payment of
tolls, style of cars, condition of cars, the switching of cars and
the use of platforms, to amend and alter any of such rules and
regulations and prohibiting the " Brooklyn " from bringing
upon the Bridge any cars in which smoking shall be permitted.
d. The provision of paragraph tenth of said agreement,
which requires the Trustees to be liable for any delay or accident arising solely from faulty construction or imperfections
in the track or appurtenances of the Bridge Railroad.
e. The provision in regard to the number of trains to be delivered by the " Brooklyn " to the said Bridge.
f. The provisions contained in paragraph twelfth of said agreement, providing that the said contract may be terminated by the
Trustees before the expiration of ten years from its date.
g. The obligation of the Trustees to furnish men to man the
cars of the " Brooklyn."




94


h. The obligations of the said Trustees to furnish power for
the transportation of the cars of the " Brooklyn " over the said
Bridge.
Third-In lieu thereof the following provisions are hereby
substituted, such substitution to be made with the same force
and effect as if they were contained in the said contract when
originally executed:
a. The control of the movement of all trains of cars, not hereinbefore provided for upon the said set of tracks reserved for
elevated railroads, shall be vested in the " Brooklyn," subject
nevertheless to the supervision and authority of the " Commissioner." The." Brooklyn " shall have full and complete power
to make and adopt all rules and regulations to be approved of
by the " Commissioner " which shall to it seem reasonable and
proper relating to the transporting of such cars over said set
of tracks, so long as said cars are of proper weight and dimensions, and generally conform to the cars now used by the " Commissioner," and the " Brooklyn " to alter or amend any of such
rules or regulations so as to insure the comfort and safety of
persons using the cars on said set of tracks on the Bridge, and to
subserve the purpose for which said Bridge was constructed.
In case, however, objection shall be made by the "Kings" or
by any other elevated railroad, which shall hereafter acquire the
right to use such set of tracks, to any of such rules, regulations, or
to any acts of the " Brooklyn," as being unjust to it, a complaint
may be made by it to the " Commissioner," whose decision in
regard thereto shall be conclusive and final.
b. The cars of the " Brooklyn " are to be operated over gaid
tracks by its employees.
c. The " Brooklyn " is to furnish at its own expense the power
required to operate the cars owned or controlled by it over the
said Bridge, and so long as cable power is used for the purpose,
it shall furnish such power to the " Kings " and its successor
company, at a price to be agreed upon between the said " Brooklyn " and the " Kings." If they cannot agree in regard to such
price, the amount thereof shall be determined by the " Commissioner."
d. The " Brooklyn " may, if it elects, and said " Commissioner " approves, discontinue the use of the cable and may in




95


lieu thereof, use electric power only during the hours of the day
when the " Local Railroad" is not in operation.
e. The " Brooklyn " shall have the exclusive use of the platform and appurtenances which it has constructed at the Manhattan end of the said Bridge.
f. Said " Brooklyn" shall protect and hold harmless the said
"Commissioner" and his successors, and The City of New York,
from and against all losses, damages and claims for damage,
actions, recoveries, costs, disbursements and expenses of every
nature arising from, based upon or connected with, or in any
manner charged to be due to any injury to person or property
received or sustained by any person upon or in the cars of the
" Brooklyn " or the "Local Railroad" whenever and wherever
upon the premises of the said " Commissioner " such injuries may
arise, be received or sustained, or which may be caused by cars
of the said " Brooklyn " or of the "Local Railroad," or which
may arise from or be connected with the operation of said cars
over said tracks, or in any and every wise growing out of the
use of said tracks or any of the premises, appurtenances and
appliances thereunto belonging, by the "Brooklyn" or the
" Local Railroad." It being also the intention of this agreement
that the said " Brooklyn" shall indemnify and hold harmless the
said "Commissioner" and his successors for all damages or
injury which may be incurred to either person or property by
reason of any imperfection in the said tracks covered by this contract or in the appurtenances connected therewith, or of the
rolling stock or other property which under the provisions of
this agreement are placed under the control of the said " Brooklyn." It being understood, however, that the said " Brooklyn "
shall not be liable to the Trustees or to any person, firm or corporation for any damage or hindrance which may arise from faulty
construction of any portion of the Bridge not under the control
of the said " Brooklyn " or which arises solely from negligence
on behalf of the agents or servants of the " Commissioner," or of
any other railroad authorized to operate over said Bridge.
Fourth-All the powers reserved to the " Commissioner " and
the Chief Engineer of the Bridge mentioned in the agreement of
August 23, 1897, relating to supervision, control and management of trains, tracks and appurtenances, platforms, stairs and




96


other matters therein contained, to insure the proper and safe
transportation of passengers over the two sets of gauntleted
tracks upon said Bridge reserved for elevated railroads, are
hereby vested in the " Brooklyn," subject always, however, to the
supreme authority of the " Commissioner," as representing The
City of New York in the interest of the traveling public, to the
end that the operation of the cars of elevated railroad over the
railroads of said Bridge shall be under a single head, as aforesaid,
so as to insure safety. It being understood that the " Commissioner" will obtain from the " Kings," in a modified agreement
to be made between the " Commissioner " and the " Kings," the
assent of said company to that effect. In case the "Kings"
should not consent to any modification of the agreement of
August 23, 1897, and thereby maintain its right to have its trains
operated while on the Bridge premises by employees of the
" Commissioner," as in said agreement provided, then and in
that event the " Brooklyn " agrees to furnish to the " Commissioner" the required number of employees of its own, and charge
to him only the amount actually paid to such employees while in
charge of trains of the " Kings," which he agrees to pay.
Fifth-The XIII. clause of the agreement of August 23, 1897,
is hereby modified to the effect that a new surety bond shall be
filed with the " Commissioner " in the amount of two hundred
thousand dollars in place of that for fifty thousand dollars heretofore given, which bond shall also secure said " Commissioner,"
his successors and the said City of New York from all matters
relating to the operation of the "Local Railroad" by the
"Brooklyn," as provided in part One of this agreement, as also of
the cars authorized to be operated under parts Two and Three
thereof. The " Commissioner" agrees, however, that he will hold
the surety bond of the " Kings " or any renewal thereof as security
to indemnify the " Brooklyn," if it should be determined that any
damage done to the Bridge or to persons or property was caused
by the negligence of the " Kings " or of its employees.
Sixth-Should the " Brooklyn " fail to make promptly any
of the payments herein reserved, or otherwise violate any of the
stipulations and provisions of this agreement, then the " Commissioner " may, on sixty (6o) days written notice, declare this agree



97


ment terminated, and after the expiration of said sixty (60) days
the " Brooklyn" shall forfeit all rights and privileges under this
agreement. Said " Commissioner" may also hold the " Brooklyn" and its surety liable for any and all damages which the said
"Commissioner" had to that time sustained because of the
default of the " Brooklyn."
Seventh-Notwithstanding the modifications and substitutions
of the various clauses of the agreement of August 23, 1897, as
herein provided, nothing herein contained shall have the effect of
abrogating said agreement. The intention being that such of its
provisions as are inconsistent with this agreement are suspended
while this agreement is in force. Should, for any reason, this
agreement terminate before the time herein stated, then and in
that event the agreement of August 23, I897, shall still be valid
in all respects and of the same force and effect as if this agreement had not been executed, except that a violation of any of the
terms and conditions of this agreement may be deemed a violation of the agreement of August 23, I897, and may subject the
" Brooklyn " to a forfeiture of that contract and this contract, in
the discretion of the " Commissioner," upon such notice of forfeiture as is provided herein.
Eighth-The execution of this agreement by the " Receiver"
is contingent upon his obtaining an order of court approving of
the same, and the same is not to take effect until such an order
has been made.
Ninth-This agreement shall terminate at the time and upon
the conditions stated in the said contract between the said Trustees and the " Brooklyn," dated August 23, 1897, thereof.
Tenth-In case the Bridge is totally destroyed by fire, the elements, or otherwise, this agreement shall terminate and the
" Commissioner" shall be under no obligation to restore the same.
In case the same shall be restored, the " Brooklyn " shall have the
option to reinstate said agreement for the unexpired term thereof.
If the destruction shall be partial, this agreement shall be
suspended until the Bridge and its appurtenances shall have been
restored.
If any injury shall be done to the railroad, rolling stock or
appurtenances of the Bridge by collision of cars or otherwise by




98


negligence of the "Brooklyn," it shall forthwith restore the
same or pay the value thereof to the " Commissioner."
Eleventh-The rolling stock and appurtenances connected
with said Bridge and covered by this agreement are to be kept
insured by the " Commissioner." In case of their destruction or
injury by fire the amount collected upon the policies covering the
same is to be expended in replacing or repairing the same.
IN WITNESS WHEREOF, the said "Commissioner" and "Receiver " have hereunto set their respective hands and seals, and
the " Brooklyn " has caused its corporate seal to be hereto affixed,
and this instrument to be subscribed by its President and Assistant and Acting. Secretary, the day and year first above written.
JOHN L. SHEA,                         [SEAL.]
Commissioner of Bridges, City of New York.
FRED. UHLMANN,                        [SEAL.]
Receiver.
BROOKLYN ELEVATED RAILROAD COMPANY,
[SEAL.]                    By FRED. UHLMANN,
President.
Attest:
JOHN W. W. MITCHELL,
Assistant Secretary.
STATE OF NEW    YORK, l'
County of New York, 5SS"I
On this 24th day of June, in the year one thousand eight
hundred and ninety-eight, before me personally came John L.
Shea, to me known and known to me to be the Commissioner of
Bridges of The City of New York and to be the person named in
and who executed the foregoing instrument as " Commissioner," and he acknowledged to me that he executed the same as
such " Commissioner."
W. H. BRADY,
[SEAL.]                          Notary Public,
N. Y. County.




99


STATE OF NEW    YORK, 'S
County of New York, S
On this 24th day of June, in the year one thousand eight hundred and ninety-eight, before me personally came Frederick
Uhlmann, to me known and known to me to be the Receiver of
the Brooklyn Elevated Railroad Company and of the Union
Elevated Railroad Company, and to be the preson named in and
who executed the foregoing instrument as such Receiver, and he
acknowledged to me that he executed the same as such Receiver.
W. H. BRADY,
[SEAL.]                         Notary Public,
N. Y. County.
STATE OF NEW    YORK, ''
County of New York, s
On this 24th day of June, in the year one thousand eight
hundred and ninety-eight, before me personally came Frederick
Uhlmann and John W. W. Mitchell, with whom I am personally
acquainted, who being by me duly sworn, each for himself deposes and says: The said Frederick Uhlmann that he resides in
the Borough of Manhattan, City of New York; that at the time
of the execution of the foregoing instrument he was the
President of the Brooklyn Elevated Railroad Company; the said
John W. W. Mitchell, that he resided in the Borough of Brooklyn,
City of New York, and at the time of the execution of the foregoing instrument he was the Assistant and Acting Secretary of
the Brooklyn Elevated Railroad Company; that each knew the
corporate seal of said Brooklyn Elevated Railroad Company; that
the seal affixed to such foregoing instrument was such corporate
seal, and that it was affixed by order of the Board of Directors
of said Company, and that each signed his name thereto by a like
order respectively as President and Assistant and Acting Secretary of said Company.
W. H. BRADY,
[SEAL.]                         Notary Public,
N. Y. County.




100


*            AGREEMENTS.
THE BROOKLYN HEIGHTS RAILROAD COMPANY,
NEW YORK CITY RAILWAY COMPANY,
THE CONEY ISLAND AND BROOKLYN RAILROAD
COMPANY,
BRIDGE OPERATING COMPANY.
FOR OPERATION OF SURFACE CARS ON WILLIAMSBURG BRIDGE.
DATED MAY 21, 1904.
AGREEMENT, made this twenty-first day of May, 1904, by
and between THE CITY OF NEW YORK (hereinafter called the
"CITY"), party of the first part, by the COMMISSIONER
OF BRIDGES (hereinafter called the "COMMISSIONER "); THE
BROOKLYN HEIGHTS RAILROAD COMPANY (hereinafter called
the "BROOKLYN COMPANY"), party of the second part; THE
CONEY ISLAND AND BROOKLYN RAILROAD COMPANY (hereinafter
called the "CONEY ISLAND COMPANY "), party of the third part;
THE NEW YORK CITY RAILWAY COMPANY (hereinafter called the
"NEW YORK COMPANY"), party of the fourth part; and the
BRIDGE OPERATING COMPANY (hereinafter called the "BRIDGE
COMPANY"), party of the fifth part.
WHEREAS, the "City" is the owner of the bridge and approaches thereto, substantially, but not yet entirely, completed,
across the East river, known as the Williamsburg Bridge, which,
together with all approaches and appurtenances thereto, is hereinafter called the Bridge; and,
WHEREAS, the " City " is now engaged in the completion of
the Bridge, including the construction of four sets of railway




IOI


tracks for surface cars across the Bridge, with loops and switches,
sidings, platforms, stations and other structures and appurtenances
necessary in operating trolley cars upon the respective terminals
of the Bridge and across the Bridge, substantially in accordance
with the plans and specifications hereto annexed marked " Exhibit
A," all of such construction work thus indicated in " Exhibit A"
being hereinafter designated the surface tracks; and in the construction of the necessary apparatus, conveniences and appliances
for the operation by electricity as a motive power of the north
pair of surface tracks by the underground electric system, and of
the south pair of surface tracks by the overhead trolley system,
substantially in accordance with the plans and specifications hereto
annexed marked " Exhibit B," all of such apparatus, conveniences
and appliances thus indicated in " Exhibit B," including all construction, special or otherwise, required to equip the northerly pair
of tracks for operation by the underground electric system, as
well as all construction required to equip the southerly pair of
tracks for operation by the overhead electric system, being hereinafter called electrical equipment of the surface tracks; all of the
surface tracks and electrical equipment thereof to constitute a part
of the Bridge and to be the property of the City, so that the
operation of the Bridge may be more effective, and the transportation facilities afforded by the Bridge may be enlarged, by
the operation of cars on the surface tracks forming a part of the
Bridge as aforesaid; and,
WHEREAS, the " Commissioner" has determined it to be in
the public interest that the " City " shall contract with corporations to operate cars on the surface tracks with the electrical
equipment thereof; and,
WHEREAS, the "Brooklyn Company," the "Coney Island
Company," the " New York Company" and the " Bridge Company " have entered, or are about to enter, into a contract in writing with each other, bearing even date herewith, in relation to the
operation of cars upon that portion of the Bridge consisting of the
surface tracks and the electrical equipment thereof;




102


Now, THEREFORE, in consideration of the mutual covenants
herein contained, THIS AGREEMENT WITNESSETH:
I.-The " City " agrees to complete as soon as practicable the
Bridge, and particularly that portion thereof consisting of the surface tracks and the electrical equipment thereof, substantially in
accordance with the plans and specifications hereto annexed
marked " Exhibit A " and " Exhibit B," respectively, the surface
tracks and the electrical equipment thereof so to be completed by
the City to be and constitute a part of the Bridge and to be the
property of the City.
II.-The " Bridge Company " shall pay to the " City" for the
use of the aforesaid electrical equipment, the loops and other
terminal facilities, located within the limits of the Bridge property, pending the existence of this contract, a rental of ten thousand dollars per annum, payable quarterly.
III.-The " City " agrees that as soon as that portion of the
Bridge consisting of the surface tracks and the electrical equipment thereof shall be completed and ready for operation, then the
cars on the surface tracks with the electrical equipment thereof
shall be operated thereafter, until ten years from September I,
I904, by the " Bridge Company," the " Brooklyn Company," the
" Coney Island Company " and the " New York Company," as
hereinafter provided. After the termination of said period, operation of cars upon the surface tracks shall be continued by the said
four companies under the terms and conditions of this contract
until one year after the " Commissioner" shall have notified said
companies to cease such operation, but after the expiration of
said period either of said four companies shall have the right to
cease operation, provided it shall have given the " Commissioner"
one year's notice of its intention so to do.
IV.-The "Bridge Company" agrees that as soon as that
portion of the Bridge consisting of the surface tracks and the
electrical equipment thereof shall be completed and ready for the
operation of cars thereon, then the " Bridge Company" will furnish and supply, for the operation thereof during the term of this
contract, a sufficient number of cars, suitably equipped for opera



I03


tion with electricity as a motive power by both the overhead and
the underground trolley systems, and electricity proper and sufficient for such operation, so that such cars may be operated either
on the north pair of surface tracks or the south pair of surface
tracks; and the " Bridge Company " agrees thereupon to cotnmence, and thereafter during the term of this contract to continue,
the operation of such cars on said surface tracks, by electricity as
a motive power, back and forth over said surface tracks, of a
sufficient number and with such frequency as to reasonably accommodate the traveling public. The character and equipment of the
cars so furnished, the number thereof and the frequency and mode
of operation shall be such as the " Commissioner" shall approve
and direct.
The " City" agrees as soon as practicable and about July
I5, 1904, to complete the south pair of surface tracks with the
electrical equipment pertaining thereto and including two loops
connecting therewith on the Brooklyn Plaza, and the " Bridge
Company " agrees that it will by the same date complete a temporary stub terminal connecting with these tracks and on a line
therewith on the ground east of Clinton street in Manhattan.
The " Bridge Company " agrees that as soon as these tracks,
loops, this stub terminal and the electrical equipment pertaining thereto, are completed, that it will operate this portion of
the surface tracks and electrical equipment as the " Commissioner" may direct, until the full completion of the surface
tracks and electric equipment, and on the same terms and conditions of this contract, and at the same rate of toll per car and at
the rate of fare for local service, but the annual rental shall not
begin until the full completion of the surface tracks and electrical equipment.
The " Commissioner " shall have the right to change the
number and location of any of the loops, switches and tracks
on the Bridge property at its terminals, in any manner which
shall seem to him proper to facilitate the movement of passengers from or to the railway cars crossing the Bridge, but such
changes shall only be made after full consultation with the second, third and fourth parties to this agreement.
V.-The " Bridge Company" agrees to keep and maintain
the surface tracks and the electrical equipment thereof in good




104


order and repair, and in such manner as the "Commissioner"
may approve or direct, during the term of this contract.
VI.-The "Bridge Company" shall be entitled to charge
a rate of fare of three cents, or less, for a single ticket or a single
fare, entitling each person, actually or apparently more than
three years old, to one passage across the Bridge between the
terminals of the surface tracks, and shall keep on sale, in such
manner as shall be approved or directed by the " Commissioner."
tickets at the rate of two tickets for five cents, each of which
tickets shall entitle any person actually or apparently over three
years of age to one passage across the Bridge between the terminals of the surface tracks; and the " Bridge Company " shall
carry every person actually and apparently under three years of
age, free, when attended by a person over ten years of age.
VII.-The "New York Company" agrees that as soon as
that portion of the Bridge consisting of the north pair of surface tracks and the electrical equipment thereof shall be completed and ready for operation, then the " New York Company "
will commence and continue during the term of this contract
the operation of cars over said north pair of surface tracks, in
connection with the street surface railroad operated by it in the
Borough of Manhattan which shall then be connected with the
said surface tracks, as hereinafter provided.
VIII.-The "Brooklyn Company" and the " Coney Island
Company" agree that as soon as that portion of the Bridge
consisting of the south pair of surface tracks and the electrical
equipment thereof shall be completed and ready for operation,
then the " Brooklyn Company" and the " Coney Island Company" will commence and continue during the term of this contract the operation of cars over the said south pair of surface
tracks, in connection with the street surface railroads operated
by them, respectively, in the Borough of Brooklyn, which shall
then be connected with the trolley tracks, as hereinafter provided.
IX.-The "Brooklyn Company," the "Coney Island Company " and the " New York Company " agree that in their operation of the surface tracks with the electrical equipment thereof,
they will not unnecessarily interfere with the operation thereof




IO5


by the "Bridge Company" as approved and directed by the
"Commissioner."
X.-The "City" imposes and will exact the sum of five
cents per round trip for each and every car operated or transported by each of said four companies, respectively, across the
Bridge, and by each Company admitted upon said Bridge by
either party hereto. Such payment shall be made to the " Commissioner " by each of said companies, respectively, from time
to time, at such intervals as the " Commissioner " shall determine.
XI.-The " City" hereby agrees that the " Brooklyn Cornpany" may connect the street surface railroad in the Borough
of Brooklyn operated by the " Brooklyn Company " and next
adjoining the surface tracks, with the south pair of surface tracks,
substantially as indicated by the plans and specifications hereto
annexed, marked " Exhibit A" and " Exhibit B," and the
" Brooklyn Company " agrees to make such connections as soon
as practicable. No fare in addition to the fare charged and paid
for transportation over the surface railroads of said companies,
respectively, shall be charged by the " Brooklyn Company " or
the " Coney Island Company " to through passengers for transportation across the Bridge on the cars of their respective lines;
but the " Brooklyn Company " and the " Coney Island Company " may charge each passenger actually or apparently over
three years of age, transported on their respective cars across the
Bridge, a fare of five cents for such transportation, but shall
carry each such passenger actually and apparently under three
years of age across the Bridge free, if attended by a person over
ten years of age.
XII.-The " City " hereby agrees that the " New York Company " may connect the street surface railroad in the Borough
of Manhattan operated by the " New York Company " and next
adjoining the surface tracks, with the north pair of surface
tracks, substantially as indicated by the plans and specifications
hereto annexed marked " Exhibit A " and " Exhibit B," and the
" New York Company " agrees to make such connection as soon
as practicable. No fare in addition to the fare charged and paid
for transportation over the surface railroads of said Company




io6


shall be charged by the " New York Company " to through passengers for transportation across the Bridge on its cars; but
the "New York Company" may charge each passenger actually or apparently over three years of age, transported on its
cars across the Bridge a fare of five cents for such transportation, but shall carry each such passenger actually and apparently
under three years of age across the Bridge free, if attended by
a person over ten years of age.
XIII.-The "New York Company" may, with the approval
of the "Commissioner," permit any other company operating
a street surface railroad in the Borough of Manhattan to operate its cars over the northerly pair of surface tracks; and the
" Brooklyn Company" and the "Coney Island Company," respectively, may, with the approval of the "Commissioner," permit any other company operating a street surface railroad in the
Borough of Brooklyn to operate its cars over the southerly pair
of tracks; but operation across the Bridge by any such additional
company shall in all respects be subject to all the terms and conditions of this contract as fully as if such additional company
were a party hereto; and the total number of through cars operated across the Bridge by the "Brooklyn Company" and all
companies admitted to the Bridge by it shall not in any one hour
exceed eighty-four per cent. (84%) of the through cars operated across the Bridge upon the southerly pair of tracks during such hour, nor shall the total number of through 'cars operated across the Bridge by the "Coney Island Company" and
all companies admitted to the Bridge by it exceed in any one
hour sixteen per cent. (I6%) of the through cars operated across
the Bridge upon the southerly pair of tracks during such hour.
XIV.-The "Bridge Company," the "Brooklyn Company,"
the "Coney Island Company," and the " New York Company,"
jointly and severally agree to protect and hold harmless the
"City" and the "Commissioner" from and against all losses,
damages and claims for damages, actions, recoveries, costs, disbursements and expenses of every nature arising from, based
upon, connected with or in any manner chargeable to injury to
person or property, received or sustained by any person upon
or in the cars operated by either of the said four companies,




I07


whenever and wherever upon the Bridge such injuries may arise,
be received or sustained, or which may be caused by the cars
of either of the said four companies, or which may arise from
or be connected with the presence and operation of such cars
upon the Bridge, or which shall in any wise be connected with
or arise out of the bringing of the said cars upon the Bridge,
or transporting or operating them upon, over or across the
Bridge, or in any and every wise growing out of the use of the
Bridge by either of the said four companies; and further to protect and hold harmless the " City " and the " Commissioner "
from and against losses, damages and claims for damages, actions, recoveries, costs, disbursements and expenses of every
nature which mav arise or result from any failure or delay on the
part of either of the said four companies to promptly and regularly operate and transport cars across the Bridge in either direction, or for any delay or hindrance to said cars while in
tansit from whatever cause or reason such neglect or refusal
or delay may arise, or which may arise to any person using the
Bridge in any way or manner, who shall be injured in person
or property, or hindered or delayed in the use of the Bridge
by reason of any matter, thing or occurrence arising from or
connected with the operation of said cars across or upon the
Bridge. Provided, however, that the foregoing provisions shall
not include indemnity against any such losses, damages, claims,
failure, injuries, hindrances or delays caused by public disturbances, acts of God, inevitable accident, or any defect in, or accident to, that portion of the Bridge over which the said aforesaid
companies have no control.
XV.-The " Commissioner" shall have full and complete
power to make and adopt rules and regulations relating to the
operation of cars over the Bridge, including the method of ascertaining the amount of payments hereinbefore provided to be
made, the number of cars, the rate of speed of said cars, the
movement and headway thereof, the style of cars to be used
and the condition thereof, the switching of cars and the use of
platforms, and regulations for governing and controlling the
electrical current for operating said cars upon and across the
Bridge, and to amend or alter any such rules and regulations
so as to secure the safety and comfort of persons using the




Io8


Bridge and to subserve the purposes for which the Bridge was
constructed. But each of the said four companies shall have
reasonable notice of such rules and regulations and of the amendments or alterations thereof.
XVI.-All cars used on the Bridge by any of the said four
companies and all equipment and appliances relating thereto,
located on the Bridge, shall be subject at all times to inspection
by the " Commissioner" or his authorized representative, who
shall have power to forbid rights on the Bridge to cars that
may for any reason be unsatisfactory, and to direct the removal
of any old or inadequate appliances, and to substitute therefor
others of approved character; and the said supervision, management and control of said cars shall in every particular and at all
times be wholly exercised by the " Commissioner " from the entering of said cars upon the Bridge to the departure of said cars from
the Bridge, and the said " Commissioner " shall at all times regulate and limit in his discretion the total number of cars which may
be operated upon the said north pair of surface tracks and the
total number of cars which may be operated upon the said south
pair of surface tracks and the total number of cars which shall be
operated by the " Bridge Company."
All employees of each of the said four companies, motormen,
conductors, inspectors and others employed in connection with the
operation of the said cars upon and over the Bridge and in connection with the operation thereof upon the Bridge, shall be of
good character and skilled in their occupation.
XVII.-The " Bridge Company" having not yet been incorporated, the " New York Company," the " Brooklyn Company"
and the " Coney Island Company " agree that they will procure
the incorporation of the "Bridge Company " and the execution by
it of this contract before the completion of either pair of surface
tracks.
XVIII.-This contract shall be binding upon and inure to the
benefit of the successors and assigns of the respective parties
hereto.
IN WITNESS WHEREOF, the "City" has caused its corporate
name to be hereunto signed by the " Commissioner " and its corporate seal to be hereto duly affixed, and each of the other parties




109


hereto has caused its corporate name to be hereunto signed and
its corporate seal to be hereto affixed by its officers thereunto duly
authorized, the day and year first above written:
THE CITY OF NEW YORK,
By GEORGE E. BEST,
Commissioner of Bridges.
THE NEW YORK CITY RAILWAY COMPANY,
By H. H. VREELAND,
President.
[L. S.]
Attest:
CHARLES E. WARREN,
Secretary.
THE CONEY ISLAND AND BROOKLYN RAILROAD COMPANY,
By JOHN L. HEINS,
President.
[L. S.]
Attest:
DUNCAN B. CANNON,
Secretary.
THE BROOKLYN HEIGHTS RAILROAD COMPANY,
By E. W. WINTER,
President.
[L. S.]
Attest:
C. D. MENEELY,
Secretary.
BRIDGE OPERATING COMPANY,
By E. W. WINTER,
President.
[L. S.]
Attest:
C. D. MENEELY,
Secretary.




11


STATE  OF   NEW   YORK,
County of New York,    ss.
On this 2Ist day of May, I904, before me personally appeared
George E. Best, to me known and known to me to be one of the
individuals described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as
Commissioner of Bridges of The City of New York.
FREDERICK GOLDSMITH,
Commissioner of Deeds,
N. Y. City.
STATE  OF   NEW   YORK,
County of New York,    Ss.:
On this 2Ist day of May, I904, before me personally appeared
H. H. Vreeland, John L. Heins, E. W. Winter, Charles E. Warren, Duncan B. Cannon and C. D. Meneely, to me severally known
to be the persons who executed the foregoing instrument as President of the New York City Railway Company, President of the
Coney Island and Brooklyn Railroad Company, President of The
Brooklyn Heights Railroad Company, Secretary of the New
York City Railway Company, Secretary of the Coney Island and
Brooklyn Railroad Company, and Secretary of The Brooklyn
Heights Railroad Company, respectively, who, being by me duly
and severally sworn did each depose and say the said H. H. Vreeland and the said Charles E. Warren that he was President and
Secretary, respectively, of the New York City Railroad Company
and knows the corporate seal thereof; the said John L. Heins and
Duncan B. Cannon, that he was the President and Secretary, respectively, of the Coney Island and Brooklyn Railroad Company
and knows the corporate seal thereof; and the said E. W. Winter
and C. D. Meneely, that he was the President and Secretary, respectively, of The Brooklyn Heights Railroad Company and
knows the corporate seal thereof; the said Vreeland and Warren
did each say that the seal of the New York City Railway Company thereto affixed was the corporate seal of said Company; and
the said John L. Heins and Duncan B. Cannon did each say that
the seal of the Coney Island and Brooklyn Railroad Company




III


thereto affixed was the corporate seal of said company; and the
said E. W. Winter and C. D. Meneely did each say that the seal
of The Brooklyn Heights Railroad Company thereto affixed was
the corporate seal of said Company; and each of said persons did
further say that the corporate seal of the Company of which he
was an officer as aforesaid, was so affixed by order of the Board
of Directors of his respective Company, and that he signed his
name thereto as President or Secretary, respectively, by the like
order.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above set forth.
FREDERICK GOLDSMITH,
Commissioner of Deeds,
N. Y. City.
STATE   OF  NEW   YORK,
County of Kings,     ss.:
On this 6th day of September, I9o4, personally before me
appeared E. W. Winter and C. D. Meneely, to me known, who
being by me duly sworn, did each for himself depose and say:
the said E. W. Winter that he resided in the Borough of Manhattan, City of New York, and is President of Bridge Operating
Company, the said C. D. Meneely that he resides in the Borough
of Brooklyn, City of New York, and is the Secretary of Bridge
Operating Company, the corporation described in and which executed the within instrument, that he knew the seal of said corporation, that the seal affixed to said instrument was such corporate seal, that it was affixed thereto by order of the Board of
Directors, and that he signed his name thereto by like order.
[SEAL.]         D. F. URQUHART, JR.,
Notary Public,
Kings County, N. Y.




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N.Y. (City) Dept.of
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Contracts with
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