/ T^vn;. VAs1XK>.' ^ The Public Service Commission's Correspondence with the Receiver of the Third Avenue Railroad This correspondence is reprinted for the purpose of accompanying a report to the Third Avenue Bondholders, and in order to supply a considerable demand made for it by the public. Since the date of the last letter, it has appeared that this Commission in the First District is unwilling to discontinue the puerile " observations " vv^hich form the subject matter of many of the tables and letters in these volumes, and it is apparently also disposed to pursue its foolish suit against me for $800,000., referred to in some of the letters in Volume III. The institution of this suit was an unscrupulous misuse of power, and such a case could only have been brought as a product of a state of mind about corporations and everybody connected vsath them, which I have justly termed in this correspondence " stupid and insolent." Fortunately, the Courts and juries know how to deal with such cases. This Commission has busied itself a good deal over the valuation of the railroads within its jurisdiction, and with surprising results, but the value of the money and the value of the time of the unfortunate owners of those reulroads and of the people generally, they have apparently neglected to consider, with results which are shameful. The = Commission has cost the Third Avenue Reiilroad, directly, upwards of $1 50,000. down to date. Indirectly it has damaged it to an incalculable amount. When it comes to the people at large, this Commission has cost them, down to the first of November, $4,042,038.87. It has issued 1,281 final orders, and Heaven knows how many of an interlocutory character. The Up-State Commission, on the other hand, which is generally recognized as a sensible and helpful body, has spent during its existence down to the first of October last $879,752.54, and it has been able to discharge its duties by making only 1 1 9 final orders. F. W. WHITRIDGE. 234664 PREFACE TO VOLUME I. The following correspondence between the Public Service Commission and the Receiver of the Roads forming the Third Avenue System is printed for the purpose of record and the con- venience of reference. It is pretty dreary stuff and would have been intolerable except for the opportunities it occa- sionally afforded for amusement, but perhaps it may, in the future, be of interest to some student of Governmental regulations. It includes only a little more than half of the correspondence. The remainder is either reit- eration or entirely senseless. Page 105 et seq. comprises complaints. The letter of the Com- mission on page 105 is a form which comes with every complaint, and for economy of space is only printed once. F. W. WHITRIDGE. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission, on the question of how the duty imposed under an order of the Commission, made December 30th, 1907, directing \ (^ , r tt the NEW YORK CITY RAILWAY COMPANY, or ADRIAN H. JOLINE / ^^^^ Hearmg AND DOUGLAS ROBINSON, its Receivers, on and after February isth, 1908, ( ' ^^'^• to turn out not fewer than ten cars daily, not including Sundays and holidays, overhauled and repaired as provided in said order, should be divided between said New York City Railway Company or its said Receivers, and the Third Avenue Railroad Company, or Frederick W. Whitridge, its Receiver. An Order, being Order Number 179, having been duly made by the Commission on December 30th, 1907, in a proceeding entitled. In the Matter of the Hearing on the Motion of the Commission on the ques- tion of repairs, improvements and additions to equipment and appliances, including rolling stock, of the New York City Railway Company and of Adrian H. Joline and Douglas Robinson, as Receivers of said Company, in the particulars in said order set forth, and said Adrian H. Joline and Douglas Robinson as said Receivers having thereafter and on the 4th day of January, 1908, notified the Commission in writing that they would use their best endeavors to obey said order, and thereafter and on or about January 6th, 1908, an order having'been made by Hon. E. Henry Lacombe, Circuit Judge of the United States, in a suit duly instituted in the United States Circuit Court for the Southern District of New York, by the Central Trust Company of New York against the Third Avenue Railroad Company and others, wherein and whereby one Frederick W. Whitridge was appointed Receiver of certain property whereof said Adrian H. Joline and Douglas Robinson had theretofore been the Receivers, and the question having arisen as to how the duty imposed under said order of the Commission should be divided between the said New York City Railway Company or its said Receivers, and the Third Avenue Railroad Company or its said Receiver, IT IS HEREBY ORDERED, That a hearing be held on the 13th day of February, 1908, at 10.30 o'clock in the forenoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, to inquire and determine how the duty imposed under said order of the Commission should be divided between said New York City Railway Company or its said Receivers, and the Third Avenue Railroad Company or its said Re- ceiver; and it is FURTHER ORDERED: That the New York City Railway Company and its said Receivers, and the Third Avenue Railroad Company and its said Receiver, be given at least ten days' notice of such hearing, by service upon them, personally or by mail, of certified copies of this order, and that at such hearing they and each of them be afforded all reasonable opportunity for presenting evidence and examining and cross- examining witnesses as to the matters aforesaid. STATE OF NEW YORK > COUNTY OF NEW YORK 5 ' I, Travis H. Whitney, Secretary of the Public Service Commission for the First District, Do Hereby Certify, that I have compared the above with the original Order adopted by said Commission, January 31, 1908, and that it is a correct transcript therefrom and of the whole of the original. In Testimony Whereof, I have hereunto subscribed my hand and affixed the seal of the Commission this 31st day of January, 1908. TRAVIS H. WHITNEY, [Seal.] Secretary. Order 234. Public Service Commission, February ist, 1908. 154 Nassau Street, New York City. Gentlemen : I beg to acknowledge the receipt of Order for Hearing No. 234, handed to me by your mes- senger this morning, ordering that a Hearing be held on the 13th day of February to inquire mto and determine how the duty imposed under a former order of the Commission, should be divided between the New York City Railway Company and the Third Avenue Railroad Company or Its Receiver. I have not been furnished with a copy of the previous order referred to, dated December 30th, 1907, but I understand that it relates to the repairs of the rolling stock of the then entire Metropolitan System. In respect to the Order now served upon me, I beg to say that I shall not be able to attend the Hearing on the 13th day of February, but I desire to state for your information at that time, that the rolling stock of the Third Avenue Railroad was turned over to me in a shockingly dilap- idated condition, and that the force at my command has been, and will, for a long time to come, be working at its maximum capacity to put the cars of the Third Avenue Railroad in proper condition. I should be very happy if the Commission would do me the favor to call here at any time in the morning, in order that I may show them exactly what is being done. Very respectfully yours. Receiver. Frederick W. Whitridge, ^'^ ^^'^' ^^'''"""'"^ 4, 1908. Receiver Third Avenue Railroad Company, 65th Street and Third Avenue, City. Dear Sir: I enclose herewith a certified copy of Order No. i79. which imposes upon the Receivers of the New York City Railway Company certain duties with respect to reports upon inspection and overhauling of cars. Order No. 234 fixes the time for a hearing upon which the question of dividing these duties between the Receivers of said road and you, as Receiver of the Third Avenue Railroad Company, may be considered. Very truly yours, TRAVIS H. WHITNEY, Enc. Secretary. EMR/DMQ At a meeting of the Public Service Commission for the First District, held at its offices, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 30th day of December, 1907. Present : William R. Willcox, Chairman ; William McCarroll, Edward M. Bassett, ^Commissioners. Milo R. Maltbie, John E. Eustis, In the Matter of the Hearing on the motion of the Commission on the question of repairs, improve- \ n r1 N ments and additions to equipment and appliances, including rolling stock, of the ' NEW YORK CITY RAILWAY COMPANY and of ADRIAN H. JOUNE and DOUGLAS ROBINSON, as Receivers of said Company, in the particulars hereinafter set forth. This matter coming on upon the report of the hearing duly held herein on the 21st day of December, 1907, pursuant to an order of the Commission, made December nth, 1907, which said order was duly served on said New York City Railway Company and on said Adrian H. Joline and Douglas Robinson, as Re- ceivers of said Company, on the nth day of December, 1907, which said service was thereafter duly ac- knowledged, and said hearing having been held by and before the Commission on the matters embraced and specified in said order. Commissioner Maltbie presiding, Mr. Henry H. Whitman appearing for the Commission, and no one appearing in behalf of said New York City Railway Company nor in behalf of said Adrian H. Joline and Douglas Robinson, as Receivers of said Company, and proof having been duly taken upon said hearing, and it appearing therefrom, in the opinion and judgment of the Commission, that the equipment, appliances and devices of said New York City Railway Company, in connection with the transportation of passengers in the City of New York, are unsafe, improper and inadequate, and that in order to promote the security and convenience of the public and employees of said company, and to secure ade- quate service and facilities for the transportation of passengers in the City of New York, the repairs here- inafter directed ought reasonably to be made, and that the time hereinafter given within which to make such repairs and improvements is reasonable, NOW, on motion of ABEL E. BLACKMAR, Counsel for the Commission, it is ORDERED, that the cars, operated in the City of New York, of said New York City Railway Com- pany or of said Receivers, receive a thorough inspection, covering car bodies, motor and electric equipment, wiring and trucks, and that said cars be thoroughly overhauled and repaired so that when completed they and each of them shall be in first-class operating and substantially new condition, having safe, proper and adequate car bodies, headlights, pilot fenders, wiring, brasses, commutators, field coils and armature wind- ings, trucks, brakes, controllers, automatic circuit breakers, resistance axle gear wheels, armature pinions and car wheels ; and it is further ORDERED, that on and after the isth day of February, 1908, the said New York City Railway Com- pany or its Receivers, turn out not fewer than ten of said cars daily, not including Sundays and legal holidays, so overhauled and repaired as aforesaid; and it is further ORDERED, that said New York City Railway Company or its said receivers notify the Commission daily in writing, in a form to be prescribed by the Commission, of the number of said cars so turned out as aforesaid, giving the identification numbers thereof, and when and where the same are to be tested; and it is further ORDERED, that from and after the 15th day of February, 1908, the said New York City Railway Com- pany or its said Receivers furnish and forward daily a transcript of the daily entries in the so-called "run-in" book or books, showing among other things which of said cars are out of order; and it is further 4 ORDERED, that the said New York City Railway Company, or its said Receivers, notify this Com- mission in writing, within five days after the service of this order, whether its terms are accepted and will be obeyed. Order 179. February 5th, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York. My dear Sir: I have yours of the 4th instant enclosing to me certified copy of the Order No. 179, which is, I presume, the Order referred to in your Order for Hearing No, 234, for which I am very much obliged to you. I am afraid that the last paragraph of my letter to you of February ist is open to some mis- conception. Of course, I should be very glad, as I said, if the Commission would do me the favor of calling here and see what I am doing and trying to do, but I beg that the Commission will not think that I shall not be equally happy to see any representative that it may choose to send. I am only anxious to afford the Commission every possible facility for seeing that we are doing everything that it is possible for us to do. Yours very truly. Receiver. New York, February 14, 1908. Frederick W. Whitridge, Esq., 59 Wall Street, New York City. Dear Sir : I transmit herewith a certified copy of Order No. 261 adopted by the Commission at its meeting to-day. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ Tribune Building. 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Order No. 261. RESOLVED: That the THIRD AVENUE RAILROAD CO., the FORTY-SECOND STREET, MAN- HATTANVILLE AND ST. NICHOLAS AVENUE R. R. CO., and the DRY DOCK, EAST BROADWAY AND BATTERY R. R. CO., or their Receiver, shall use the following form in reporting the cars repaired and ready for inspection, as provided by Order 260: S New York City, To the Public Service Commission for the First District, Bureau of Transportation, 154 Nassau Street, New York City. SIRS: We hereby notify you that the following cars have been overhauled and repaired at car barn, as provided in Order No. 260 of your Commission, and maybe tested at on (date) Cars numbered (signed) At a Meeting of the Public Service Commission for the First District, held at its offices. No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 14th day of February, 1908. Present : William R. Willcox, Chairman ; , William McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis, Commissioners. In the Matter of the Hearing on the Motion of the Commission on the question of how the duty im- posed under an order of the Commission made December 30th, 1907, directing the NEW YORK CITY RAILWAY COMPANY, or ADRIAN H. JOI^INE and DOUGLAS ROBINSON, its Receivers, on and after February 15th, 1908, to turn out not fewer than ten cars daily, not including Sundays and holidays, overhauled and repaired as provided in said order, should be divided between said New York City Railway Company, or its said Receivers, and the Third Avenue Railroad Company, or Frederick W. Whitridge, its Receiver. ^ Order No. 260. This matter coming on upon the report of the hearing duly held herein on the 13th day of February, 1908, pursuant to an order of the Commission made January 31st, 1908, which said order was duly served on the New York City Railway Company, and on Adrian H. Joline and Douglas Robinson, as Receivers of said Company, on the ist day of February, 1908, and on the Third Avenue Railroad Company and on Frederick W. Whitridge, as Receiver of said Company, on the 1st day of February, 1908, said Frederick W. Whitridge having been thereafter appointed receiver of the Dry Dock, East Broadway and Battery Railroad Company and of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Com- pany, said two last-mentioned companies having theretofore been owned or controlled by said Third Avenue Railroad Company, which said service was thereafter duly acknowledged, and said hearing having been held by and before the Commission on the matters embraced and specified in said order. Commissioner Maltbie presiding, Mr. Henry H. Whitman appearing for the Commission, and no one appearing in behalf of the said New York City Railway Company, nor in behalf of the said Adrian H. Joline and Douglas Robinson as Receivers of said Company, nor in behalf of the Third Avenue Railroad Company, including said Dry Dock, East Broadway and Battery Railroad Company and said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, nor in behalf of Frederick W. Whitridge, their Receiver, and proof having been duly taken upon said hearing, and it appearing therefrom, in the opinion and judgment of the Commission, that the order heretofore made by the Commission on December 30th, 1907, known as 6 Order No. 179, should stand unchanged and unmodified as respects the New York City Railway Company, and its said Receivers, with the same force and effect as if said Receivers had continued to be and now were receivers of the property of the Third Avenue Railroad Company, of the Dry Dock, East Broadway and Battery Railroad Company and of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company; and it further appearing in the opinion and judgment of the Commission that the equip- ment, appliances and devices of said Third Avenue Railroad Company, said Dry Dock, East Broadway and Battery Railroad Company and said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company in connection with the transportation of passengers in the City of New York are unsafe, improper and inadequate, and that in order to promote the security and convenience of the public and employees of said Company and to secure adequate service and facilities for the transportation of passengers in the City of New York, the repairs hereinafter directed ought reasonably to be made, and that the time hereinafter given within which to make such repairs and improvements is reasonable. NOW, on motion of GEORGE S. COLEMAN, ESQ., Counsel for the Commission, it is ORDERED, That the order heretofore made by the Commission on December 30th, 1907, known as Order No. 179, shall stand unchanged and unmodified as respects the New York City Railway Company, and its said Receivers, with the same force and effect as if said Receivers had continued to be and now were Receivers of the property of the Third Avenue Railroad Company, of the Dry Dock, East Broadway and Battery Railroad Company and of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company ; and it is further ORDERED, That the cars, both open and closed, operated in the City of New York by the said Third Avenue Railroad Company, and said Dry Dock, E^st Broadway and Battery Railroad Company, and said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, or of said Frederick W. Whitridge, their Receiver, receive a thorough inspection, covering car bodies, motor and electric equip- ment, wiring and trucks, and that said cars be thoroughly overhauled and repaired, so that when completed they and each of them shall be in first-class operating and substantially new condition, having safe, proper and adequate car bodies, head-lights, pilot fenders, wiring, brasses, controllers, automatic circuit breakers, resistances, axle gear wheels, armature pinions and car wheels ; and it is further ORDERED, That on and after the 2d day of March, 1908, the said Third Avenue Railroad Company, and the Dry Dock, East Broadway and Battery Railroad Company, and the Forty-second Street, Manhat- tanville and St. Nicholas Avenue Railway Company, or their said Receiver turn out not fewer than three of said closed cars daily, not including Sundays and legal holidays, so overhauled and repaired, and that in addition the said Third Avenue Railroad Company, the said Dry Dock, East Broadway and Battery Railroad Company, and the said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Com- pany, or their said Receiver, haye all of their said open cars so overhauled and repaired on or prior to the 1st day of May, 1908. It is further ORDERED, That the said Third Avenue Railroad Company, and the said Dry Dock, East Broadway and Battery Railroad Company, and the said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, or their said Receiver, notify the Commission daily in writing, in a form to be prescribed by the Commission, of the number of said cars so turned out as aforesaid, giving the identification numbers thereof, and stating when and where the same are to be tested. It is further ORDERED, That from and after the ist day of March, 1908, the said Third Avenue Railroad Company, the said Dry Dock, E^st Broadway and Battery Railroad Company, and the said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, or their said Receiver, furnish and forward daily a transcript of the daily entries in the so-called "runin" book or books showing, among other things, which of said cars are out of order. It is further ORDERED, That said New York City Railway Company, or its said Receivers, and the said Third Avenue Railroad Company, the said Dry Dock, East Broadway and Battery Railroad Company, and the said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, or their said Receiver, notify the Commission in writing, within five days after the service of this order, whether its terms arc accepted and will be obeyed. 7 February 17, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City; Dear Sir: I have yours of the 14th enclosing a certified copy of Order No. 261, which refers, how- ever, to Order No. 260. Perhaps you would be good enough to send me a copy of Order No. 260. If you desire me to do anything under it, I have not yet received it. Yours very truly. Receiver. New York, February i8th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I received this morning your Order No. 260, which calls upon me to repair on and after the 2d day of March three closed cars daily, and in addition thereto all of the open cars belong- ing to this property — 182 in number — prior to the ist of May, 1908, altogether a total between now and the ist of May, of 362 cars. I venture to inquire whether this is not an error, and whether it was not intended to order that the repair of three closed cars daily should begin on May 2d instead of March 2d. When your engineer called upon me I told him that it seemed to me wise to put all of the open cars in first-class repair in time, if possible, for the opening of the Summer season, and thereafter to take up the closed cars which could then be withdrawn from service, and by that time, we thought we could overhaul them at the rate of two or three a day, and in the mean- time we could only repair them temporarily. We understood him to assent to this programme, and I am therefore surprised at the terms of Order No. 260. I have been in charge of the Third Avenue property just five weeks, and of the other two properties a fortnight. I found the condition of the rolling stock deplorable. As I have already told you, it was not necessary to take evidence as to the bad condition of the cars. It was obvious and adrnitted. I had already communicated with the Court a week or more ago as to the necessity of purchasing new cars, and with the car-builders as to the prices, terms and times of delivery, and I expect this week to obtain authority to purchase 75 cars, and to have perfected the arrangements to get the money to pay for them. The delivery of these cars will begin 30 days from the date of the contract. The complete overhauling and repair of the cars, required by you, and by the cars them- selves, is practically a reconstruction. To do this I have contracted for 50 new motors of the most modern type, and certain other electrical equipment costing together over $100,000, all of which had been ordered before the receipt of your Order No. 260, and would have been ordered as soon as I was appointed had I not felt it my duty to take time to acquire a little knowledge of the property and questions with which I had to deal, before directing the very large expendi- ture I have now incurred. In respect to the motors, I also thought it desirable to discuss with the makers and electricians the best type of motor and to get bids from the various builders, and although, as I say, the order has been placed, the manufacturers will not even begin to deliver these motors until six weeks from this date. In addition to these matters, a large part of the electrical repairs consists of the winding of armatures and other work for which the shop under my control was not equipped. The necessary machinery and material, costing over $20,ckx>, was ordered as soon after I took possession as possible, and is being furnished, but is not yet all received. It is necessary also to change the direction of the tracks in the shop so that they will run with the length of the building, in order to accommodate the larger cars, and it is further essential to put in a turn-table to get the cars on the tracks and to expedite the work. Altogether the shop itself cannot be completed for some weeks, and it is to be remembered that neither the 42d Street nor the Dry Dock Railway Companies have any shops at all — all the work has to be done at 65th Street. Under these circumstances it appears to me that if your Order No. 260 really means that 3^ou expect me not only to put our open cars in good order before May ist, but also contem- poraneously to repair three closed cars daily, i. e., with the as yet inadequate Third Avenue shop to do more than half as much work as you demanded of the whole Metropolitan System when it included the Third Avenue, you are asking me to perform what I presume to say to you is a physical and commercial impossibility. If you have anybody on your staff who can show us how to get material before the manu- facturers will agree to furnish it, and who can turn out 360 cars in this Third Avenue shop be- tween now and the ist of May, I will pay him any salary you will fix, to take charge of the job until that date ; otherwise, I am obliged to say to you that, with the best will in the world, I can- not comply with Order No. 260. The only thing I can say is, that to the extent of my capacity, I shall be only too glad to come as near to the terms of that order as possible. Yours truly, Receiver. New York, February 29th, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railroad Co., 65th Street and Third Avenue, New York City. Dear Sir: I am directed by the Commission to reply to your letter of February i8th, and to state that the require- ments of Order No. 260 are in accord with the evidence presented at the hearing prior to the adoption of the order. You will recall that notice was served upon j'ou of the hearing held upon February 13th, thereby giving you an opportunity to place before the Commission such information as you had and wished to pre- sent regarding the overhauling and repairing of your rolling stock, which you state was in "deplorable" ■condition. As you did not appear and as no one appeared representing you, the evidence given by Mr. McLimont, who examined your property and who reported upon the facilities at your disposal and the time within which the work could reasonably be accomplished, stood uncontradicted. If you desire a rehearing upon the order under Section 22 of the Public Service Commission Law, an application for such a rehearing will be considered and undoubtedly granted, as the Commission has so far granted a rehearing whenever an application has been made. Unless such rehearing is requested, the order as originally issued naturally remains in force. Very truly yours, TRAVIS H. WHITNEY, Secretary. MRM/EMH New York, March 2d, 1908. Travis H. Whitney, Esq., Secretary, PubHc Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 29th ult., in which you inform me that the requirements of your Order No. 260, which call upon me to reconstruct six cars a day between now and the first of May, remain in force, notwithstanding my letter to you of February i8th, in which I set forth the difficulties of my position and the various reasons why I could not comply with that Order. I should suppose that the information contained in that letter would be sufficient, if the Commission desires to make any order in the premises, to enable them to conform the Order to the situation as it here exists. I regret that that is apparently not the case. I cannot add anything to that letter, nor can I retract any statement made in it. I will send a copy of it to the manufacturers of the motors, which may possibly hasten them in supplying the same, otherwise I can think of nothing which I can possibly do. While I take notice of your statement that the order remains in force, I should be much obliged if you would permit me, with great respect, to repeat my statement to you — that I cannot comply with it, because it asks or commands me to do what is impossible, and I repeat, in all seriousness, my statement to you that — if you have anybody on your staff who can do the work you direct to be done, I will pay him any salary you may fix to take charge of the job. Yours truly. Receiver. New York, March 5th, 1908. Frederick W. Whitridge, Esq., Receiver, The Third Avenue Railroad Company, 65th Street and Third Avenue, Manhattan. Dear Sir : Receipt is hereby acknowledged of your communication of March 2d with regard to Order No. 260, concerning the reconstruction of cars. Your letter will have the consideration of the Commission. Yours very truly, TRAVIS H. WHITNEY, _„ Secretary. JET/RW 10 Orders 260 and 261. March 6th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir : I have yours of the 5th referring to my communication of the 2d in respect to Order No. 260. Further replying thereto, I beg to say that I find that the carpenter work on 90 of the 182 open cars has now been completed and the painting is going on as rapidly as possible. I am advised that I now have all the force employed for these purposes, that can be prudently em- ployed, without overcrowding the car bams and increasing the danger of fire. In respect to the wiring, circuit breakers, controllers and other electrical apparatus, very little progress has been made, because the material, which was ordered as soon as I took charge, has only this week begun to arrive. The trucks and motors which were also then ordered have none of them yet begun to arrive, but as we told Mr. McLimont when he called, that notwithstanding all these disadvantages, we hoped to finish all the open cars and turn them out to your satisfac- tion by May ist. Very respectfully yours, Receiver. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. BOARD OF ALDERMEN, Complainants, against DRY DOCK, EAST BROADWAY & BATTERY RR. CO. and FREDERICK ) ^^jj^f 'X* ^"^^^ W. WHITRIDGE, its Receiver, Defendants. "Unsanitary condition of horse-cars — Canal Street Line." This matter coming on upon the complaint of the Board of Aldermen, by which it appears that said complainants are aggrieved by acts done or omitted to be done by the Dry Dock, East Broadway and Bat- tery Railroad Company, said defendants, and set forth in said complaint, which are claimed to be in violation of some provision of law or of the terms and conditions of defendants' franchise or of an order of this Commission, II NOW, upon said complaint, it is ORDERED: that a copy of the said complaint be forwarded to said defendants and that the matters therein complained of be satisfied or the charges in said complaint set forth be answered by said defendant within ten (lo) days after service upon it of this order, exclusive of the day of service. Resolution adopted by the BOARD OF ALDERMEN, February i8, 1908. WHEREAS, the surface cars operated by horse power through various streets from the East River to and on Canal Street and thence through other streets to the North River, in the Borough of Manhattan, are unclean, filthy, and a menace to the health of the many who are compelled to use them; and WHEREAS, in addition to the unsanitary condition of these cars, the uneven headway under which they are run and the slowness with which they move make their operation a travesty on the transportation accommodations of the great City of New York and displays an indecent regard for the rights of the people by a public service corporation; therefore, RESOLVED: That the attention of the Public Service Commission of the First District be and hereby is respectfully directed to those unwholesome conditions, with the urgent request that action be taken at once to remedy the evils from which the people using these cars now suflFer. February 28th, 1908. Travis H. Whitney, Esq., - Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 25th enclosing a complaint of the honorable Board of Aldermen of this town. I have directed the Manager of this property to give the matter immediate attention and hope that the conditions complained of will be remedied forthwith. I trust, however, that the honorable Board of Aldermen will consider that "the unclean, im- healthy and menacing" conditions of which they complain, are largely caused by the personal habits, sanitary conditions and manners of the people who are carried on the cars, and I should be happy to co-operate with them in any device which they may suggest, including free baths on our routes, for remedying those conditions. I am even prepared to admit that the operation of the cars may be "a travesty on the transportation accommodations of the great City of New York," although it is possible that the slowness complained of is because of our inability to purchase faster horses, and because also of the fact that the streets are. not kept free for the sole use of these cars. I can quite understand also why the honorable Board of Aldermen consider that these things display "an indecent regard for the rights of the people," but it would be more accurate to say — an impecunious regard. In short, I hope to improve these conditions as fast as the money can be obtained therefor. Yours truly, Receiver. 12 Order 287. March 6th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, No. 154 Nassau Street, New York City. Dear Sir: Referring to your letter of the 25th, enclosing Order No. 287 and the Resolution of the Board of Aldermen, I have to say that, on the day complained of, there was snow on the ground and the floors of the cars were necessarily dirtied by the people entering. I have also to say that about a year ago, all of the cars of this Road were, on the complaint of the Borough President, thoroughly overhauled and repaired and new carpets put on the seats. Each of these cars is cleaned every night, thoroughly washed every third day, and in addition washed with a solution of carbolic acid once a week. I have now ordered them to be washed daily and the strength of the carbolic solution to be doubled. The cars are old and are being renewed as rapidly as possible, but, with the exception of the carpets on the seats, they are reported to be in as good condition as possible, considering their age. We have several cars now in the shops, the repairs or reconstruction of which are nearly finished, which will be in service within a week or two. If there is anything else we can do to improve the service, within our means, we shall be happy so to do. Very respectfully yours, Receiver. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of whether the Order heretofore made by the Commission on February 14, 1908, known as Order Number 260, directing the THIRD AVENUE RAILROAD COM- PANY, DRY DOCK, EAST BROADWAY & BATTERY RAILROAD COM- PANY and the FORTY-SECOND STREET, MANHATTANVILLE & ST. NICHOLAS AVENUE RAILWAY COMPANY, OR FREDERICK W. WHITRIDGE, their Receiver, to turn out not fewer than three closed cars daily, not including Sundays and holidays, overhauled and repaired as provided in said order, and also to have all of their open cars so overhauled and re- paired on or prior to the ist day of May, 1908, should be modified in any respect because of lack of materials or facilities. ^Hearing Order Number 341 WHEREAS, a certain order was heretofore made by the Commission on February 14, 1908, known as Order Number 260, directing the Third Avenue Railroad Company, the Dry Dock, East Broadway & 13 Battery Railroad Company, and the Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Company, or Frederick W. Whitridge, their Receiver, on and after March 2, 1908, to turn out not fewe: than three closed cars daily, not including Sundays and holidays, overhauled and repaired as provided ii said order, and also to have all of their open cars so overhauled and repaired on or prior to the ist day o; May, 1908; and WHEREAS, said Frederick W. Whitridge, as such Receiver, claims that because of lack of material: and facilities he is unable to obey said order or a certain part thereof: NOW THEREFORE, IT IS ORDERED, that a hearing be held on the i8th day of March, 1908, at 10.30 o'clock in the forenoon, o; at any time or times to which the same may be adjourned, at the rooms of the Commission, Number 15. Nassau Street, Borough of Manhattan, City and State of New York, to inquire whether said Order Numbe 260 should be modified in any respect: and it is further ORDERED, that the Third Avenue Railroad Company, the Dry Dock, East Broadway & Battery Rail road Company, and the Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Company, o Frederick W. Whitridge, their Receiver, be given at least three days' notice of such hearing by servic( upon them personally or by mail of a certified copy of this order, and that at such hearing they be afforde( all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to th( inatters aforesaid. Order 341. New York, March 17th, 1908. Travis H. Whitney, Esq., Secretary, PubHc Service Commission, 154 Nassau Street, New York City. My dear Sir: I beg to acknowledge receipt of paper from you entitled "Hearing Order No. 341," direct ing that a hearing be held on the i8th day of March to inquire whether Order No. 260, whicl directed me to repair six cars a day between the 2nd of March and the ist day of Ma}' should be modified in any respect. I have to say in respect thereto that I have nothing whicl I can add to the statements heretofore made by me in reference to that Order in my letter of February i8th and March 2nd. I have also to say that, at the present time, the woodworl has been completed on 104 cars, 36 cars have been repainted and varnished, 17 cars have beei equipped with trucks and motors and the re-wiring has been completed on 18 cars. The installa tion of circuit breaker boxes has not yet been completed, as the material has not yet arrived. I may add that, if the Commission desire to examine any of my employees as to details o any of the statements I have made in my above mentioned letters, I shall be glad if the; would kindly indicate their wish, to direct such employees to attend whenever convenient t( the Commission. Perhaps it would also assist you if you would again send your engineer to ex amine this shop with special reference to the facilities it affords for the repair of cars, and i he will come when I am here I think it will be as obvious to him as it is to me and m; General Manager, Engineer and foreman, that we cannot do what you have heretofore ordere( me to do. 14 I should also add that your Mr. Wilder called here upon Wednesday of last week to in- spect a car which we had completed and in which we had incorporated some changes suggested by him. Mr. McWhirter is under the impression that Mr. Wilder congratulated him upon the work on this car and we understood that he was to write us confirming the statement he then made — that the car was entirely satisfactory, so that we might be sure about the work on the other cars. No such letter has yet been received. Yours truly, Receiver. Order 302. New York, March 3, 1908. Frederick W. Whitridge, Esq., Receiver of the Forty-second St., Manhattanville & St. Nicholas Ave. R.R., 177 Manhattan St., N. Y. C. Dear Sir: Herewith is transmitted a duly certified copy of Order No. 302 of this Commission upon the complaint of James H. Canfield, Librarian of Columbia University, New York City, in the matter of lack of heat on Broadway car. Rule VIII. adopted by the Public Service Commission requires the original answer to be filed with the Secretary of the Commission at its office within the time specified, and a copy thereof at the same time be served personally or by mail upon the complainant, and the Commission so notified. The answer must specifically admit or deny the material allegations of the complaint, and also set forth the facts which will be relied upon to support any such denial. If satisfaction is made before answering, a written acknowledgment thereof by the complainant must be filed. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. JAMES H. CANFIELD, Complainant, Complaint Order *" No. 302. against FORTY-SECOND STREET, MANHATTANVILLE AND ST. NICHOLAS AVENUE RAILROAD COMPANY, and FREDERICK W. WHITRIDGE, its Receiver, Defendants. "Lack of heat on Broadway car." . J This matter coming on upon the complaint of James H. Canfield, Columbia University, New York City, by which it appears that said complainant is aggrieved by acts done or omitted to be done by the Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Company or Frederick W. Whit- 15 ridge, its Receiver, said defendants, and set forth in said complaint, which are claimed to be in violation of some provision of law or of the terms and conditions of defendants' franchise or of an order of this Com- mission, NOW, upon said complaint, it is ORDERED : that a copy of the said complaint be forwarded to said defendants, and that the matters therein complained of be satisfied or the charges in said complaint set forth be answered by said defend- ants within ten (lo) days after service upon it of this order, exclusive of the day of service. Columbia University in the City of New York, Library. James H. Canfield, Librarian. Feb. 28, 1908. Mr. Milo R. Maltbie, Commissioner, Public Service Commission, Tribune Building, New York. Dear Mr. Maltbie: Broadway car passing 72nd St. Subway Station, going north, at 8.30 this morning, conductor No. 1148, had no heat — although the thermometer at that hour and in that vicinity showed 20 and 22. There were many school children on the car, who with other passengers seemed to be absolutely suffering. I referred the matter to the conductor, who at first said he thought heat was on. Then I insisted on his examining the radiators, when he said he thought there was a little on. To this I protested and he went over them once more and said : "Guess the inspector has forgotten to turn it on. This is not my business anyway, you know. I am' not expected to meddle with the heat. The inspectors care for that." As I left the car, opposite the Ii6th St. Subway Station, for my office, he remarked again that he had nothing to do with the heat, that the car was very cold, and that if he meddled with it at all he would probably be immediately discharged. Cordially yours, (Signed) JAMES H. CANFIELD. 177 Manhattan St., New York, March 7th, 1908. Boulevard. Mr. Edward A. Maher, General Manager. Dear Sir: In regard to the attached complaint made by Mr. J. A. Canfield, Librarian of Columbia University, to the Public Service Commission, stating that on February 28th, '08, he boarded a car at 72nd St. and found same to be unheated. Conductor Robert Faulkner, No. 1148, says that the gentleman boarded his car. No. 2130, and when he went to collect his fare the gentleman complained that there was no heat in car. Conductor exam- ined the heaters and told the gentleman that there was heat on, the heat being turned on two points, that being the order issued at that time. Conductor also told the gentleman that he was not allowed to interfere with the heating apparatus, but would notify the inspector or starter, and he did notify the starter, who found that the heat was on two points, as stated. Car was examined and heating apparatus was found O. K. Respectfully, A. SUYDSTRUP, Superintendent. r6 March 9, 1908. Travis H. Whitney, Esq., Secretary, PubHc Service Commission, 154 Nassau Street, New York City. Dear Sir: Referring to your letter of March 3rd, in respect to the complaint of Jas. A. Canfield, I beg herewith to enclose a report in respect to the facts in that matter, and a copy of the letter which I have written to Mr. Canfield. Yours truly, Receiver. Enclosures: 2 March 9th, 1908. James A. Canfield, Esq., Librarian, Columbia University, New York City. Dear Sir: Referring to your complaint to the Public Service Commission, I beg herewith to enclose to you copy of report of the Superintendent of the 42d Street Road, in respect to the matter, which, allowing for differences in forms of speech, confirms your statement. You can readily understand that it would not do for the conductors to be allowed to deal with the heaters, the inspector or starter must do that. I have instructed the latter to be more careful in future, and I hope there will be no occa- sion for you to complain further in reference to this matter. Yours very truly. Receiver. Enclosure: i t7 Order No. 365. At a meeting of the PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT, held at its Office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 24th day of March, 1908. Present: William R. Willcox, Chairman; Edward M. Bassett, Milo R. Maltbie. Commissioners. In the Matter of the Hearing on the Motion of the Commission on the Question of whether the Order heretofore made by the Commission on February 14, 1908, known as Order No. 260, directing the THIRD AVENUE RAILROAD COMPANY, DRY DOCK, EAST BROADWAY AND BATTERY RAILROAD COM- PANY and the 42ND STREET, MANHATTANVILLE AND ST. NICH- r Order No. 365. OLAS AVENUE RAILWAY COMPANY, or Frederick W. Whitridge, their Receiver, to turn out not fewer than three closed cars daily, not including Sundays and holidays, overhauled and repaired, as provided in said Order, and also to have all their open cars so overhauled and repaired on or prior to the 1st day of May, 1908, should be modified in any respect because of lack of materials or facilities. An order, known as No. 260, having been duly made by the Commission on February 14, 1908, directing, among other things, the Third Avenue Railroad Company; Dry Dock, East Broadway and Battery Railroad Company, and the 42d Street, Manhattanville and St. Nicholas Avenue Railway Company, or Frederick W. Whitridge, their receiver, to turn out not fewer than three closed cars daily, not including Sundays and holidays, overhauled and repaired as provided in said order, and also to have all their open cars so overhauled and repaired on or prior to May i, 1908, and thereafter a certain order known as Order No. 341, having been made by the Commission on March 13, 1908, directing that a hearing be held on the question of whether said order No. 260 should be modified in any respect, and said order having been duly served on said Frederick W. Whitridge, as said receiver, on March 14, 1908, and said hearing having been duly had in pursuance thereof, and in pursuance of adjournments, on March 21, 1908, Commissioner Maltbie presiding, Mr. Henry H. Whitman appearing as counsel for the Commission, Mr. Edward A. Mahar, General Man- ager for said Frederick W. Whitridge, as said receiver, having attended at said hearing, and it appearing in the opinion and judgment of the Commission that because of lack of materials and facilities said order No. 260 ought reasonably to be modified as hereinafter provided; it is ORDERED: that the Third Avenue Railroad Company; Dry Dock, East Broadway and Battery Rail- road Company, and the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company, and Frederick W. Whitridge, their Receiver, overhaul and repair, as provided in said order, on or before May 31, 1908, all of their open cars, and also that they overhaul and repair, as provided in said Order, on or before May 31, 1908, so many of their closed cars as are required for use during the summer months, and also that they overhaul and repair, as provided in said order on or before September 20, 1908, all of their remaining closed cars ; and it is further ORDERED: that except as hereinbefore expressly modified, said Order No. 260 stand unchanged and unmodified as respects said Third Avenue Railroad Company; Dry Dock, East Broadway and Battery Rail- road Company and the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company, and their said Receiver ; and it is further ORDERED, that the Third Avenue Railroad Company; Dry Dock, East Broadway and Battery Railroad Company and the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company, or their said Receiver, notify the Commission in writing within five days after the service of this order whether its terms are accepted and will be obeyed. 18 Order 365. New York, March 26, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have received from you a paper entitled Order No. 365, in respect to the repair of cars on the Third Avenue Railroad. I have already informed you of the difficulties which had to be overcome in our work of repairing cars, and I have, in reply to your several communica- tions an Order°No 404"^ in and Addition to the Service of the THIRD AVENUE RAILROAD COM- [ . PANY, and of Frederick W. Whitridge as Receiver of said Company. I Third and Amsterdam Avenue line. I IT IS HEREBY ORDERED that a hearing be had on the i6th day of April, 1908, at 2:30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the Rooms of the Commis- 21 sion, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, to inquire whether the regulations, practices and service of the Third Avenue Railroad Company, or of Frederick W. Whit- ridge as Receiver of the Third Avenue Railroad Company, in respect to the transportation of persons in the First District on the Third Avenue and Amsterdam Avenue line, from the United States Post Office in Park Row to the northern terminus of the line at or near 195th Street, are unreasonable, improper or inadequate, and whether the said Third Avenue Railroad Company, or the said Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, run cars enough or with sufficient frequency or upon a reasonable time schedule, reasonably to accommodate the passenger traffic transported by them, or offered for transportation to them, and if such be found to be the fact then to determine whether it is reasonably necessary to accommodate and transport the said traffic transported or offered for transportation, and is and will be just, reasonable, proper and adequate to direct that the service of the said Third Avenue Rail- road Company, or of Frederick W. Whitridge as Receiver of the Third Avenue Railroad Company, be in- creased, supplemented and changed in the following manner, that is to say: 1. By operating daily, including Sunday, over every point of the Third and Amsterdam Avenue line, from the United States Post Office in Park Row to the northerly terminus of the line at or near iQSth Street, either (a) A sufficient number of cars in each direction past any point of observation to provide during every fifteen-minute period of the day or night a number of seats at least ten per cent, in excess of the number of passengers at that point; the number of cars passing any point to be, however, never less than six per hour in each direction, or (b) A minimum number of 25 cars in one direction in each fifteen-minute period in which the pro- visions of subdivision (a) above are not complied with. 2. By making such other and further changes in the schedule and manner of operating cars on the Third and Amsterdam Avenue line between the United States Post Office in Park Row and the northerly terminus of the line at or near 195th Street as may be just and reasonable, and if any such changes, improve- ments or additions be found to be such as ought to be made as aforesaid, then to determine what period would be a reasonable time within which the same should be directed to be executed. All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable. It is further ORDERED that the said Third Avenue Railroad Company and the said Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, be given at least five days' notice of said hearing by serv- ice upon them, either personally or by mail, of a certified copy of this order, and that at such hearing said Company and its Receiver be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid. Order 404. New York, April 9th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I received from you yesterday, Order for Hearing, Order No. 404, in respect to the service on the Third Avenue Line. Possibly you are not aware that the Order which is apparently con- templated, will necessitate running nearly double the number of cars which are now running on Third Avenue. In respect to any such order, I have to say that all the cars I control are now running on Third Avenue every day, excepting those — from 12 to 16 — which are neces- sarily in the shops. If your Commission can devise any way in which the cars I have can be 22 made to do double service, I shall be happy to put it into operation. If, however, they mean, even indirectly, that I must purchase more cars, I am bound to say to you with great respect, and without raising the question as to whether any such order would overstep the line be- tween regulation and management, that it is not my intention to undertake any purchase of cars at the present time. I suggest that the consideration of any order which has that in mind, is premature, and should be postponed for some weeks for the following reasons : First : The abolition of transfers which goes into effect next week, will probably very much diminish the number of passengers carried on the Third Avenue Road ; at the same time, I hope, increasing its receipts. While there is wide difference among experts, the balance of opinion seems to be in favor of the view that the Third Avenue Road is now running as many cars as it can profitably run under the circumstances which would then be presented. Second : Should any new cars be necessary, it would be obviously unwise to order the or- dinary type of car, if the new "Pay-as-you-Enter" cars are demonstrated to be a success, and equally it would be unwise to order those cars until that success is demonstrated. It will take at least a month before any statistics of value can be obtained in respect to the advantages of the "Pay-as-you-Enter" cars, the cost of operating them, and the necessary changes made in the track to accommodate them. I have just had put before me reports as to the condition of the Third Avenue track and power, from which it appears that I must expend at least $350,000 on the track as soon as possible. If I were to put the "Pay-as-you-Enter" cars into operation this amount might have to be doubled. I must also probably spend upwards of $500,000 on our power plant. If I put the "Pay-as-you-Enter" cars into operation, this may be materially in- creased, and until the New York Receivers are able to tell me the results of the first few weeks' operation of these cars, it is quite impossible for me to decide whether or no those cars ought to be ordered for the Third Avenue, in case I make up my mind that it is necessary to order any cars at all. Third : Before I order any cars or undertake the large work which I have outlined, I must have some reasonable certainty of getting the money to pay for it. As you must know, the expense I am facing will far exceed the income from this property for the coming year. The holders of its securities have suffered frightful losses in the depreciation of their stocks and bonds, and are just now not in a humor to spend money on anything experimental. The gen- eral market cannot be expected to supply money for the Third Avenue while there is a large coherent body of security holders. The latter cannot be expected to supply money for the Third Avenue unless they are convinced both that it is essential and that it would be profitable for them to do so. These things cannot possibly be determined for some weeks to come, and I therefore sug- gest that you postpone the consideration of the matter of your order until the Summer. I also feel bound to point out to you that, had I undertaken to comply with your first order in respect to repair of cars on the Third Avenue Road, at least 50 of the cars would now be in the shops and the condition would be twenty per cent, worse than you now suppose it to be. Yours truly, Receiver. 23 New York, April i6, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: With reference to an Order which you have recently made in respect to the service on the Third Avenue Railway, and my reply thereto sent you last week, you may be interested to know that on the 8th, 9th and loth of April, three days before the transfers were abolished, the Third Avenue Railway carried — 163,834 passengers, 178,048 passengers, 167,211 passengers, respectively, and on April 13th, 14th, and 15th, after transfers were abolished, the Third Ave- nue Railway carried — 118,406 passengers, 115,149 passengers, 115,706 passengers, respectively. Yours truly. Receiver. New York, April 11, 1908. Frederick W. Whitridge, Esq., Receiver of the Union Ry. Co., 204 East 128th St., N. Y. C. Dear Sir: In accordance with resolution adopted by the Commission at its meeting yesterday, I hereby notify you that a hearing will be held before Commissioner Eustis on Wednesday, April 15th, at 2:30 P, M., in Room 310 of the Tribune Building, under Order No. 368 adopted by the Commission on April 3d on the question of the adequacy of the service of the Union Railway Company on its line on the Fort Schuyler Road from Westchester Village to the Eastern Boulevard, and on the question whether the said Company should be directed to double track said line on said road, and on the question whether said Company should be di- rected to run cars of the Westchester Avenue line or the Tremont Avenue line through Fort Schuyler Road to the Eastern Boulevard without change at Westchester Village, and on the question whether said Com- pany should be directed to extend the tracks of said line along the Eastern Boulevard from the present ter- minus of said line on Fort Schuyler Road to Pelham Bay Park. I annex a certified copy of the Order for Hearing. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ Enc. 24 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. WILLIAM HENDERSON and One Hundred and Fifty Others, Complainants, against UNION RAILWAY COMPANY, Defendants. "Inadequate service on Fort Schuyler Road, Westchester Village to the' Eastern Boulevard." Under Hearing Order No. 368. NOTICE OF HEARING and COPY COMPLAINT. To GEORGE S. COLEMAN, Counsel to the Public Service Commission for the First Dist., Tribune Building, No. 154 Nassau St., New York City. Frederick W. Whitridge, Esq., Receiver of Union Railway Company, 59 Wall Street, New York City. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. WILLIAM HENDERSON and One Hundred and Fifty Others, Complainants, vs. UNION RAILWAY COMPANY, Defendants. y Hearing Order / No. 368. "Inadequate service on Fort Schuyler Road, Westchester Village to the East- ern Boulevard." To Frederick W. Whitridge, Esq., Receiver of the Union Railway Company. Sir: Please take notice that on the 15th day of April, 1908, at 4 o'clock in the afternoon of said day, at the rooms of the Commission at 154 Nassau Street, City and State of New York, a hearing will be had upon the complaint above mentioned against the Union Railway Company, with respect to the following matters : (i) The question as to the adequacy of service on Fort Schuyler Road, between Westchester Village and Eastern Boulevard, and as to whether the service on said line should be ordered to be increased. (2) The question as to the desirability of double tracking said Company's line on said Fort Schuyler Road and as to whether said Company should be directed to double track said line. (3) The question as to the desirability of running cars from the Westchester Avenue line or the Tre- mont Avenue line through Fort Schuyler Road to Eastern Boulevard, without change at Westchester Village, and as to whether said Company should be directed to run said cars accordingly. 25 (4) The question as to the desirability of an extension of the line of said Company from its present terminus on Fort Schuyler Road at Eastern Boulevard, along said Eastern Boulevard to Pelham Bay Park, and as to whether said Company should be directed to extend said line in that manner. To the end that the Commission may make such order or orders in the premises as may be just and reasonable. This notice is made and served upon you, pursuant to a resolution of this Commission, duly adopted at its meeting on the loth day of April, 1908, and is given to you in order that you may attend the hearing mentioned and examine and cross-examine any and all witnesses and present to the Commission such in- formation and testimony as you may desire. Dated this lolh day of April, 1908. Respectfully yours, GEO. S. COLEMAN, Counsel to the Public Service Commission for the First District, Tribune Bldg., No. 154 Nassau St., New York City. Order 368. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. vSTATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. WILLIAM HENDERSON and One Hundred and Fifty Others, Complainants, ^^^'"^* I Hearing Order UNION RAILWAY COMPANY, / No. 368. Defendant. "Inadequate service on Fort Schuyler Road, Westchester Village to the East- ern Boulevard." Upon the complaint herein, upon which Order No. 323 was issued on or about the tenth of March, 1908, and the answer of the Union Railway Company thereto, verified the twelfth day of March, 1908, it is ORDERED: That upon the matters contained therein a hearing be had on the eighth day of April, 1908, at 3 :30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Borough of Manhattan, City and State of New York. To the end that the commission may make such order or orders in the premises as shall be just and reasonable. FURTHER ORDERED: That the said complainants and the said Union Railway Company be given at least five (5) days' notice of such hearing, by service upon said William Henderson, Eastern Boulevard, and upon the said Union Railway Company, either personally or by mail, of a certified copy of this order, and that at such hearing said complainants and said company be afforded all reasonable opportunity for pre- senting evidence and examining and cross-examining witnesses as to the matters aforesaid. 26 (Copy Complaint.) February 24th, 1908. Public Service Commission, Tribune Building, N. Y. City. The undersigned, residents and property owners of the Eastern Bronx, known as Throggs Neck, Schuylerville, Eastern Boulevard, Fort Schuyler Road, &c., respectfully petition your honorable Board to take such measures as you may consider necessary to compel the Union Railway Company to render better service on the branch trolley line running on Fort Schuyler Road, from Westchester Village to the Eastern Boule- vard. First. The Company should be ordered to lay double tracks the entire length of the branch, so as to abolish the numerous switches that cause present delays, and that more cars be run. Second. That an order for hearing should be issued, compelling the Union Railway Co. to use its franchise by continuing its tracks from the present terminus — Fort Schuyler Road and Eastern Boulevard north en the Eastern Boulevard, to Pelham Bay Park. Third. Your petitioners further respectfully request that the said Union Railway Company be ordered at once to run either the Tremont Avenue or Westchester Avenue cars direct to the Eastern Boulevard without transfer at Westchester Square, as is now the case. The residents and property owners of this section of the Bronx have frequently requested the Rail- way Company in the past for these improvements, but have always been met with excuses and promises. The excuse was made over two years ago that the Fort Schuyler Road was not wide enough at certain places for two tracks, but the Borough officials went over the Road with the Railway's Superintendent, and they agreed to fill in where necessary if the two tracks were laid. Nothing, however, was done in the matter by the Company. Regarding the extension of the Railway to Pelham Bay Park, it may be said in favor thereof that thousands who visit this magnificent park, as well as the residents of the neglected sections, are compelled to walk from the present terminus of the route — Fort Schuyler Road and Eastern Boulevard — a distance of about a mile and a half to the nearest entrance to the Park. This long walk is especially a great hard- ship to mothers and little children. During the Summer, and frequently in the Winter, the one or two small cars running on this route to Fort Schuyler Road and Eastern Boulevard are filled to suffocation. Within the last two or three years a large number of thrifty people have purchased home sites in this section (over a thousand building lots having been bought within that time), and these people are waiting for better transit facilities before erecting little houses for themselves. It might also be well to state that the second largest cemetery in the Bronx (St. Raymond's) is lo- cated in this section, and the comfort of the many sad visitors on Sundays and holidays to the place should also be considered by your honorable Commission. ♦ The improvements suggested could be made by the Railway Company at very little cost, and would prove a profitable investment to it, as thousands of people would visit the Park who will not go there now, on account of the inadequate transit facilities, and would be a great relief to the present residents of these places. As there is no grading to be done on the Eastern Boulevard, we are informed by contractors familiar with this class of work that these tracks could be laid to the Park and ready for operation within thirty days. Your petitioners earnestly urge you to lose no time in ordering the Railway Company to make the im- provements suggested, in order to relieve the conditions complained of, before the coming Summer. Respectfully submitted, (Signed) WILLIAM HENDERSON, Eastern Boulevard, and (One hundred and fifty others.) 27 Copy. New York, April 13, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the nth and have instructed the officers to see that you are furnished with reports requested by you, as promptly as possible. Yours truly, Receiver. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. FRANCIS P. KENNEY, as President of the Highbridge Taxpayers' Alliance, Complainant, against UNION RAILWAY COMPANY or its Receiver, FREDERICK W. WHIT-) ^^""fnT^'^'^^'^ RIDGE, Defendant. "Extension of Boscobel Avenue line to the end of Washington Bridge." No. 407. Upon the complaint herein, upon which Order No. 237 was issued on or about the 4th day of February, 1908, and the answer of the Union Railway Company thereto, verified the 25th day of February, 1908, it is ORDERED: that upon the matters contained therein a hearing be had on the 22d day of April, 1908, at 2 :30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, at No. 154 Nassau Street,Borough of Manhattan, City and State of New York. To the end that the Commission may make such order or orders in the premises as shall be just and reasonable. FURTHER ORDERED: that the said complainant and the said Union Railway Company and its Receiver, Frederick W. Whitridge, be given at least ten (10) days' notice of such hearing, by service upon said Francis P. Kenney, Highbridge, New York, and upon the said Union Railway Company and its Receiver, Frederick W. Whitridge, either personally or by mail, of a certified copy of this order, and that at such hearing said complainant and said company be afforded all reasonable opportunity for pre- senting evidence and examining and cross-examining witnesses as to the matters aforesaid. 28 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement \ o ^ t tt in and Addition to the Service of the DRY DOCK, EAST BROADWAY AND / Nq*" Igl "^^""^' BATTERY RAILROAD COMPANY, and of F. W. Whitridge, as Receiver of the said Company, in respect to the Grand Street Crosstown line, and in respect to the Grand and Desbrosses line to Brooklyn. NOTICE OF HEARING. GEORGE S. COLEMAN, Counsel to the Public Service Commission for the First District, Tribune Building, No. 154 Nassau St., New York City. To EDWARD A. MAHER, ESQ., Receiver of the Dry Dock, East Broadway & Battery Railroad Co., 65th Street and Third Avenue, New York City. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement! Order for Hearini? in and Addition to the Service of the DRY DOCK, EAST BROADWAY AND/ No. 397, BATTERY RAILROAD COMPANY, and of F. W. Whitridge, as Receiver! of the said Company, in respect to the Grand Street, Crosstown line, and in\ respect to the Grand and Desbrosses line to Brooklyn. I To Edward A. Maher, General Manager of the DRY DOCK, EAST BROADWAY AND BATTERY RAILROAD COMPANY. Sir: Please TAKE NOTICE that on the 14th day of April, 1908, at 4:15 o'clock in the afternoon of said day, at the Rooms of the Commission, at No. 154 Nassau Street, City and State of New York, an adjourned hearing will be had in regard to the matters abovementioned, with particular reference to determining whether the service of said Company, or of F. W. Whitridge, as its Receiver, should be increased, supple- mented and changed in the following manner, that is to say: (i) By operating daily, including- Sunday, over every point of the Grand Street Crosstown line and every point of the Grand and Desbrosses line to Brooklyn either (a) A sufficient number of cars in each direction past any point of observation to provide during every fifteen-minute period of the day or night a ten per cent, excess of seats over passengers at that point; the number of cars passing any point to be, however, never less than six cars per hour in each direction, or 29 (b) A minimum number of fifteen cars in one direction in each fifteen-minute period in which the pro- visions of subdivision (a) above are not complied with. (2) By making such other and further changes in the schedule and manner of operating cars on the Grand Street Crosstown line and on the Grand and Desbrosses line to Brooklyn as may be just and reasonable. (3) By running on the Grand Street Crosstown line all westbound cars from Grand Street Ferry at least to Broadway, and running all eastbound cars at least to the Ferry. (4) By running on the Grand and Desbrosses line to Brooklyn all westbound cars from the Brooklyn end of the WilHamsburg Bridge at least to Broadway, and running all eastbound cars at least to the Brooklyn end of the Williamsburg Bridge. And if any such changes, improvements or additions be found to be such as ought to be made, then to determine what period will be a reasonable time within which the same should be directed to be executed. All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable. This notice is made and served upon you in order that you may attend the hearing mentioned and examine and cross-examine any and all witnesses, and present to the Commission such information and testimony as you may desire. The order herein was returnable on the 13th day of April, 1908, at 2:30 P. M., and at that time an adjournment was had to the 14th day of April, 1908, at 4:15 P. M., for the purpose of enabling the Com- mission to give you the notice mentioned. Dated, this 13th day of April, 1908. Respectfully yours,. GEO. S. COLEMAN, Counsel to the Public Service Commission for the First District Tribune Building, No. 154 Nassau St., New York City. Order 397. New York, April 14, 1908. George S. Coleman, Esq., Counsel to the Public Service Commission, of the First District, 154 Nassau Street, City. My dear Sir: Mr. Edward A. Maher was served yesterday with a Notice signed by you and addressed to him on the outside as Receiver of the Dry Dock, East Broadway & Battery Railroad Com- pany and on the inside as Manager of that Company. Mr. Maher is neither the Receiver nor the Manager of the Dry Dock, East Broadway & Battery Railroad Company, but is the Gen- eral Manager to the Receiver. In respect to the particular matters referred to in that Notice, I beg to refer you to my letter addressed to Travis H. Whitney, Secretary of the Commission, in reply to the Order served upon me in respect to the same matter, on the 6th of April, of which I enclose to you herewith a copy. Mr. Maher, unfortunately, has some engagements in connection with the 30 operation of this Road this afternoon, which will prevent his attending. If there is any further information which you desire, I shall be happy to furnish it to you. Yours very truly, Receiver. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement V Order for Hearing in and Addition to the Service of the DRY DOCK, EAST BROADWAY AND/ No. 397- BATTERY RAILROAD COMPANY and of F. W. Whitridge, as Receiver! of the said Company, in respect to the GRAND STREET CROSSTOWN LINE and in respect to the GRAND AND DESBROSSES LINE to Brooklyn. OPINION. The street car Hne affected by this case includes the cars operated- from the Grand Street Ferry upon the East River, along Grand Street and Vestry Street to the Desbrosses Street Ferry. There is also a branch line running from the Desbrosses Street Ferry along Grand Street and via Eissex or Clinton Street and the Williamsburg Bridge to the plaza at the easterly end of the bridge. The evidence presented at the- hearings shows that this line, including the branch to the Brookljm Plaza of the Williamsburg Bridge, is one of the most congested lines that has been examined by the Transportation Bureau of the Commission. Indeed, at certain hours the overloading is more excessive than has been found upon any other line so far examined. The need, therefore, of improved service is extremely great and relief ought to be had immediately. Mr. Maher, who is manager of the road under Mr. F. W. Whitridge, the Receiver, has testified that the company does not have a sufficient number of cars to provide adequate service. A contract has been made for twenty-five (25) new cars for use upon this road, and delivery is expected about the first of May. It is perhaps impossible, therefore, to provide full relief before that date, and the order is to take effect then. The requirements of the order in other respects follow the principles laid down in the order relating to the improvement of service on the 23d Street line. In the opinion in that case, I discussed in a general way the principles involved and it is not necessary to repeat the statements there made, but they apply with equal force to the Grand Street line. It is considered that 15 cars in every is-minute period will provide adequate service, but it may be that the number of passengers will so increase with the improved service that a larger number of cars must be run, but for the present I consider the maximum set sufficient The general traffic conditions will not prevent more cars being run. MILO R. MALTBIE, Commissioner. April 17th, 1908. 31 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement in > ^j ^ Hearmg and Addition to the Service of the THIRD AVENUE RAILROAD COM-f ^°- 404- PANY, and of Frederick W. Whitridge as Receiver of said Company. Third and Amsterdam Avenue Line. OPINION. The Third and Amsterdam line extends from Ann Street and Broadway to Fort George via Park Row, the Bowery, Third Avenue, 125th Street, Manhattan Street and Amsterdam Avenue. Not all of the cars operated upon this line run between the two extreme termini ; certain cars are regularly switched back at crossover points, which are so frequent as to permit of such routing as will most readily accommo- date the traveling public. North of Sixth Street there is no limiting point upon the whole line, and sufficient cars may be run to give everyone a seat except under unusual conditions. At Grand Street and the Bowery there are so many lines operating through this intersection that it is physically impossible to increase materially the number of cars operated upon the Third Avenue line without diminishing the cars operated upon the other lines. Hence, the number of cars below Sixth Street may not be as great as the number in use above Sixth Street. The testimony presented at the hearings shows that it would probably be necessary to operate 25 cars in each 15-minute period for certain portions of the day below Sixth Street if the passenger traffic were to be fully accommodated. But to do this would rob the other Hues operating through Grand Street and the Bowery. I, therefore, recommend that the Third Avenue line be required to operate as a maximum only 12 cars in each 15-minute period south of Sixth Street, and the order has been so drawn. The Trans- portation Bureau will continue its inspections and endeavor to work out some plan for a new routing of the cars or for a rearrangement of the traffic whereby the service may be still further increased upon the Third Avenue line, as well as the other lines crossing the Bowery at Grand Street. There being no such limiting point above Sixth Street, the company has been required to operate the usual 10 per cent, excess of seats over passengers ; or, if unable to do so, at least 25 cars in every 15-minute interval. The evidence shows that if the order is complied with in spirit as well as in letter, the service will be greatly improved. At present the service is inadequate over most of the line and at times when there is no excuse for the crowding. To comply with the provisions of the order a larger number of cars will need to be used than have been operated heretofore. Mr. Maher, who is general manager of the line under Mr. Whitridge, the receiver, stated that with the cars that had been ordered and the open cars which could be used very shortly, there would be in his opinion a sufficient number to provide adequate service upon the line. He added that he was not absolutely certain of this and to definitely answer this question would require more investigation than he had yet made. Inasmuch as the Receiver can ask for a modification of the order or a rehearing in case it is found that he does not have a sufficient number of cars, I recommend that the order be made effective May ist, by which time some open cars can be used. If he should find that there are not enough cars to give adequate service, one of the first things which ought to be considered is the ordering of more cars. The public is entitled to them, and if they -are not ordered this matter will doubtless need to be considered under a further order. The general principles involved in this order have been discussed in the opinion upon the improvement of service on the 23d Street line and need not be discussed here, although they apply with equal force. (Signed) MILO R. MALTBIE, Commissioner. April 17, 1908. 32 Order 421. At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan! City and State of New York, on the 17th day of April, 1908. Present : William McCarroll, Acting Chairman ; Edward M. Bassett, ^Commissioners. Milo R. Maltbie, John E. Eustis, In the Matter of the Hearing on the Motion of the Commission on the Question of Improvements in and Additions to the Service of the DRY DOCK, EAST BROADWAY & \ Final Order No. 421. BATTERY RAILROAD COMPANY and of F. W. WHITRIDGE, as Re- f With Opinion. ceiver of the said Company, in respect to the Grand Street Crosstown Line and in respect to the Grand and Desbrosses Line to Brooklyn. Under Order for Hearing No. 397, dated April 3, 1908. This matter coming on upon the report of the hearing had herein on April 13th, 14th and i6th, 1908, and it appearing that the said hearing was held pursuant to hearing order No. 397 of this Commission, dated April 3, 1908, and returnable on April 13, 1908, at 2.30 P. M., and it appearing that said order was duly served upon said F. W. Whitridge as Receiver of the Dry Dock, E^st Broadway & Battery Railroad Company on the 4th day of April, 1908, and that such service was by him duly acknowledged, and that said Dry Dock, Elast Broadway & Battery Railroad Company had due notice of said hearing and that said hearing was had by and before the Commission on the matters embraced in said order for hearing on the 13th, 14th and i6th days of April, 1908, before Mr. Commissioner Maltbie presiding. Harry M. Chamberlain, Esq., appearing for the Commission, Edward A. Maher, Esq., General Manager, appearing for said railroad com- pany and for said Receiver, and proof having been taken upon said hearing, and it being made to appear after the proceedings on said hearing that the service of said railroad company and of said F. W. Whitridge, as Receiver of said company, in respect to the transportation of persons upon its lines, the Grand Street Crosstown Line and the Grand and Desbrosses Line to Brooklyn, in the City and State of New York, are unreasonable, improper and inadequate in that said Dry Dock, East Broadway & Battery Railroad Company and said F. W. Whitridge as Receiver of said company do not operate cars enough upon said lines or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or offered for transportation to them, and it appearing that it would be just, reasonable and proper that the said service of the said Dry Dock, East Broadway & Battery Railroad Company and of F. W. Whitridge as its Receiver be increased, supplemented and changed in the particulars hereinafter set forth ; THEREFORE, on motion of GEORGE S. COLEMAN, ESQ., Counsel to the Commission, it is ORDERED as follows: (i) That said Dry Dock, East Broadway & Battery Railroad Company and said F. W. Whitridge, as Receiver of said company, be and they hereby are directed and required to operate daily, including Sunday, over every point of said Grand Street Crosstown Line and said Grand and Desbrosses Line to Brooklyn, either (a) a sufficient number ot cars ui each directio.i past any point of observation to provide durmg every fifteen-minute period of the day or night a ten per cent. (10%) excess of seats over passeneers at that point, the number of cars passing any point to be, ho«vever, never less than six (6) cars per hour in each direction ; or (b) a minimum number of fifteen (15) cars in one direction in each fifteen-minute oeriod in which the provisions of subdivision (a) above are not complied with. (2) That said Dry Dock, East Broadway & Battery Railroad Company and said F. W. Whitridge as Receiver of said company be and they hereby are directed and required to run on said Grand Street 33 Crosstown Line all westbound cars from Grand Street Ferry at least to Broadway, and all eastbound cars at least to the Ferry. (3) That said Dry Dock, East Broadway & Battery Railroad Company and said F. W. Whitridge as Receiver of said company be and they hereby are directed and required to run on the Grand and Desbrosses Line to Brooklyn all westbound cars from the Brooklyn end of the Williamsburg Bridge at least to Broadway, and all eastbound cars at least to the Brooklyn end of the Williamsburg Bridge. (4) That said Dry Dock, East Broadway & Battery Railroad Company and said F. W. Whitridge as Receiver of said company be and they hereby are directed and required to institute such changes, im- provements and additions by or before the ist day of May, 1908. This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (5) IT IS FURTHER ORDERED: That said Dry Dock, East Broadway & Battery Railroad Company and said F. W. Whitridge as Receiver of said company notify the PubHc Service Commission for the First District within five (5) days after service of this order upon them whether the terms of this order are accepted and will be obeyed. Order 421. Travis' H. Whitney, Esq., New York, April 23, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have received from you final order No. 421 in respect to the service on the Dry Dock, East Broadway and Battery Railroad, In reply thereto I can only repeat the substance of the letter which I addressed to you on April 6th, copy of which I enclose to you herewith. . I am informed by Mr. Maher that my letters in relation to these matters are not part of your records, and I venture to think that they are essential parts of the record. From this you will perceive that I agree with the Commission that this service should be remedied. I have ordered cars with which to remedy it and as soon as they arrive I expect to be in position to remedy it substantially in the manner ordered by them. Enclosure: i. Yours truly. Sec. P. Receiver. Order 424. At a meeting of the Public Service Commission for the First District, duly held at its office. No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 17th day of April, 1908. Present : , Wm. McCarroll, ' ^ Acting Chairman; j John E. Eustis, L Commissioners. Milo R. Maltbie, | Edward M. Bassett, J In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement ( t?;„,, OrH^r m and Addition to the Service of the THIRD AVENUE RAILROAD COM-) No 424 PANY and of Frederick W. Whitridge, as Receiver of said Company, in re- spect to the Third Avenue and Amsterdam Avenue line. Under order for Hearing No. 404, dated April 7, 1908. This matter coming on upon the report of the hearing had herein on April 16, 1908, and it appear- 34 ing that the said hearing was held pursuant to Hearing Order 464 of this Commission, dated April 7, 1908, and returnable on April 16, 1908, at 2 130 P. M., and it Appearing that said order was duly served upon said F. W. Whitridge as Receiver of the Third Avenue Railroad Company on the 8th day of April, 1908, and that said Third Avenue Railroad Company had due notice of said hearing, and that said hearing was had by and before the Commission on the matters embraced in said order for a hearing on the i6th day of April, 1908, before Mr. Commissioner Maltbie, presiding, Albert H. Walker, Esq., appearing for the Commission, Edward A. Maher, Esq., appearing for said Receiver, and proof having been taken upon said hearing, and it being made to appear after the proceedings on said hearing that the service of said Railroad Company and of said F. W. Whitridge as Receiver of said Company, in respect to the transportation of persons upon its Third Avenue and Amsterdam Avenue line in the City and State of New York, is unreasonable, improper and inadequate in that said Third Avenue Railroad Company and said F. W. Whitridge as Re- ceiver of said Company do not operate cars enough upon said Third Avenue and Amsterdam Avenue line or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or offered for transportation to them, and it appearing that it would be just, reasonable and proper that the said service of the said Third Avenue Railroad Company and F. W. Whit- ridge as Receiver of said company be increased, supplemented and changed in the particulars hereinafter set forth. THEREFORE, On motion of George S. Coleman, Esq., Counsel to the Commission, it is ORDERED as follows: (i) That said Third Avenue Railroad Company and said F. W. Whitridge as Receiver of said com- pany be, and they hereby are, directed and required to operate daily, including Sunday, over every point of the Third Avenue and Amsterdam Avenue line from the United States Post Office in Park Row to the northerly terminus of the line at or near iQSth Street, either (a) A sufficient number of cars in each direction past any point of observation to provide during every 15-minute period of the day or night a number of seats at least 10 per cent, in excess of the number of passengers at that point, the number of cars passing any point to be, however, never less than six per hour in each direction, or (b) Over that portion of the above described line south of Sixth Street a minimum number of twelve cars in one direction in each 15-minute period in which the provisions of subdivision (a) above are not complied with ; and over that portion of the line above described north from Sixth Street a minimum num- ber of twenty-five cars in one direction in each 15-minute period in which the provisions of subdivision (a) above are not complied with. (2) Thai said Third Avenue Railroad Company and said F. W. Whitridge as Receiver of said com- pany be, and they hereby are, directed and required to institute such changes, improvements and additions by or before the ist day of May, 1908. This order shall continue in force until such time as the Public Service Commission for the First Dis- trict shall otherwise order. (3) IT IS FURTHER ORDERED, That said Third Avenue Railroad Company and said F. W. Whitridge as Receiver of said company notify the Public Service Commission for the First District within five days after service of this order upon them whether the terms of this order are accepted and will be obeyed. New York, April 23, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have received Final Order No. 424, in respect to the improvements in the service of the Third Avenue Railroad Company. I can add nothing in reply to this order to that which is con- tained in my letters to you of April 9th and April i6th, to which I refer you. From my letter of April i6th you will perceive that I am now carrying upwards of sixty thousand less passen- .... - 35 - . , . gers every day than at the time your first Order was made, and I should suppose that the cars I now have would be sufficient to enable me to comply with the terms of this Order and also to take off a certain number of unnecessary and unprofitable cars now being run. At all events I shall be happy to make the endeavor. Yours truly, Receiver. *Sec. P. New York, April 25, 1908. Frederick W. Whitridge, Esq., Receiver of the Third Avenue Railroad Co., 65th Street and Third Avenue, New York City. Dear Sir: ' I have your two several communications of the 23d inst. relative to Final Orders Nos. 421 and 424, relating to the service of the Dry Dock, East Broadway and Battery Railroad Company and the Third Ave- nue Railroad Company, respectively, and beg to say that they have been referred to Commissioner Maltbic for his information. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ O-421 and 424 • ' New York, April 27, iyo8. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York. Dear Sir: On further reading Final Orders Nos. 421 and 424, which you served upon me the other day, I notice among the recitals the statements reading— "E. A. Maher, Esq., appearing for said Receiver," and "E. A. Maher, General Manager, appearing for said railroad for said Receiver." I venture to suppose, from the degree of formality with which you have ordered Hearings, held Hearings and made Orders in connection with properties under my charge, that the Public Service Commission are anxious to have everything very regular and very accurate. Mr. E. A. Maher did not appear for the Railroad Company nor for me in either case, but was allowed by me to attend before you when I was informed that somebody from your office had asked that he should attend, and I gave that permission to save the Commission inconvenience. The statement in the recitals which I have quoted is, therefore, quite inaccurate and I should be much obliged if the Commission would kindly amend its orders accordingly. Yours very truly, 36 i.^' Receiver. New York, April 30, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 65th Street and Third Avenue, ; New York City. Dear Sir: I have your letter of the 27th inst., taking exception to the recitals in Final Orders Nos. 421 and 424 to the effect that E. A. Maher, General Manager, appeared in those proceedings for you. Your communication has been referred to the Counsel and Commissioner Maltbie. Yours very truly. EMR/TM O-421-424 TRAVIS H. WHITNEY, Secretary. New York, May 4th, 1908. .Mr. F. W. Whitridge, Receiver, Third Avenue Railroad Co., 65th Street and Third Avenue. New York City. Dear Sir: Your letter of April 27th has been referred to me. I see no objection to changing the order twuc pro tunc, so that it will definitely appear that Mr. Maher did not appear as representing you. Probably the lawyer from the Counsel's office, who was present, assumed that Mr. Maher did appear for you, as he availed himself of the opportunity to cross-examine the engineer of the Commission. Of course, we were glad to have him do so in order that the facts might be fully brought out, and we have never been able to understand why there should be any objection for a person appearing for the receivers. However, if you still desire, the order will be amended. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. Order 404. Re Orders 421 and 424. New York, May 5th, 1908. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 4th, for which I am very much obliged to you. I think it will be de- sirable if you change your Order in accordance with my previous request, and I should be still further obliged if you would do so. I note your general observation, and at some time in the future, when you do me the honor to examine this property, as I have always supposed you would examine it. all things which are now dark will be made plain. Yours truly, Receiver. ^7 New York, May nth, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Mr. Whitridge: I am sending herewith a copy of a report from our Transportation Bureau, regarding the service on the Grand Street line. This should not be considered as a precedent or in any way indicating that similar course will be followed in the future. But as this form of order is new, I have thought it well to forward the first report to show that the order is not being complied with. Certain of the violations, which are more or less technical, might be overlooked if they were all, but there are numerous instances during the day in question when a larger number of cars should be run. In other cases the addition of a few cars would remove the overcrowding, and I sincerely hope that by the time the next observation is made, the necessary increase in service will have been provided. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. New York, May 8th, 1908. INVESTIGATION NO. 287. CHECKING UP ORDER NO. 421, RE GRAND & DESBROSSES STREET LINE. Mr. Travis H. Whitney, Secretary. ' Dear Sir: ^ For the information of Commissioner Maltbie, I make the following report on checking up of Order No. 421, which went into effect May ist, 1908 : Section i of the order reads as follows: "(i) Operate daily, including Sunday, over every point of Grand Street Crosstown Line and Grand & Desbrosses Street Line, to Brooklyn, either "(a) A sufficient number of cars in each direction past any point of observation, to provide during every 15-minute period of the day or night a 10% excess of seats over passengers at that point, the number of cars passing any point to be, however, never less than six cars per hour in each direction ; or "(b) A minimum number of 15 cars in one direction in each 15-minute period in which the provisions of subdivision (a) above are not complied with." For the purpose of checking up this order, a 24-hour observation was taken at Grand and Essex Streets, beginning at 6 A. M. on May 4th, 1908. The followmg violations of the order were noted: Violation Time Cars Excess Seats Cars wi No. A.M. Direction Opertd. ovei • Pass'rs Pass. St( 6:00- 6:15 West 10 53% 2 I 6:15- 6:30 10 5% 3 2 6:30- 6:45 14 9% 3 6:45- 7:00 18 27% 4 7:4s- 8:00 18 av. 16 stndg. 13 3 8:00- 8:15 13 « 24 " 13 4 8:15- 8:30 10 " 28 " 9 8:30- 8:45 16 " 3 " 10 5 8:45- 9:00 12 " 22 " II 6 9:00- 9:15 14 1% 4 7 9:15- 9:30 12 " 2 stndg. 5 9:30- 9:45 II 10% None 8 9:45-10:00 10 6% I 9 10:15-10:30 8 6% 2 10:15-10:30 14 26% 3 38 Violation No. ID II 12 M 14 16 17 18 19 21 22 23 24 Time A.M. 25 26 27 10:30-10 10:45-11 II :oo-ii 11:15-11 11:30-11 11:45-12 P.M 12:00-12 A. M 11:45-12 12:00-12 12:15-12 12:45- I I :oo- I 1:15- I 2:00- 2 2:15- 2 2:30- 2 2:15- 2 2:30- 2 2:45- 3 4:45- 5 5:00-5 5:15- 5 4:45- 5 5:00- 5 5:15- 5 5:30- 5 5:45- 6 6:00- 6 6:15- 6 6:30- 6 6:45- 7 7:00- 7 7:15- 7 7:30- 7 7:45- 8 8:00- 8 7:45- 8 8:00- 8 8:15- 8 8:30- 8 8:45- 9 8:30- 8 8:45- 9 9:00- 9 45 00 15 30 45 00 15 00 15 30 00 15 30 15 30 45 30 45 00 00 15 30 00 15 30 45 00 15 30 45 00 15 30 45 00 15 00 IS 30 45 00 45 00 15 Direction West East West East West East West East Cars Opertd. 8 II 8 12 10 9 Excess Seats over Pass'rs 7% 48% 7% 11% 87% 9% 14% Cars with Pass. Stdg. 3 2 4 3 None 2 II 2S7c I 9 7% 2 13 44% I 10 42% I 7 av. 2 stndg. 3 7 23% 4 6 24% I 10 8% 4 II 73% None 12 22% 4 ID Full 3 II 43% None 12 26% 2 5 5% I 22 124% 3 14 39% I 13 9% 3 Q av. 16 stndg. 5 18 ' 9 " 12 15 ' 18 " II 14 ' 23 " 12 19 ' 18 " 17 II ' 16 " 9 14 ' 10 " 9 10 < g ., 7 14 49% I 14 59% 2 8 Full 4 II 46% 2 10 32% 2 7 av. I stndg. 3 6 39%' None 6 4% 2 8 60% None 9 5o%> None 6 4% 3 6 64% None During the night there were at all times at least six cars per hour. In all. there were 27 violations of the order, of which number No. i is technical ; taken with preceding period, it would be O. K. ; No. 2, taken with following period, would be O. K. ; Nos. 3 to 8, inclusive, are direct violations ; No. 9 taken with following period, would be O. K. ; No. 10, taken with preceding or following period, would be O. K. ; No. II, taken with preceding period, would be O. K. ; Nos. 12 to 17, inclusive, are technical, and taken with periods preceding or following, would be O. K. ; No. 17 is evidently due to a block; No. 18 is technical, and taken with preceding period, would be O. K. ; Nos. 19 and 20, taken with following period, would be O. K. ; Nos. 21, 22 and 23 are direct violations ; Nos. 24 to 27. inclusive, are technical, and taken with preceding or following periods, would be O. K. This shows that for the entire day there were 9 fifteen-minute periods in which the order was not complied with, and 18 additional pei;iods when there was a technical violation. 39 Mr. Maher, manager of this line, testified that 25 new cars had been contracted for, and that delivery was expected about May ist, 1908. These cars have not yet been put in service, and I will have another observation taken shortly to report on condition of service when the new cars are operated. Yours very truly, D. J. TURNER, Transit Engineer. HCL/WG Re Order 421. New York, May 12, 1908. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. My dear Mr. Maltbie: I have yours of the nth instant, for which I am very much obliged to you. I have said in my letter in respect to the Order upon the Dry Dock Road, which was made some time ago, everything that there is to be said in relation to this service, and I believe Mr. Maher has, in conversation, reiterated that. I ordered some new cars months ago for the 42d Street and the Dry Dock Roads. The first of them were promised in the middle of April ; only f6ur of them have as yet arrived ; they are being mounted and will be in service this week. Until these cars arrive, of course, I can do nothing, and if you will permit me to be quite frank with you — what is the sense of your Commission making orders directing me to do things which cannot possi- bly be done? Every car we have got is in service and no amount of orders can create cars. I am anxious to conform to all the laws and to meet any suggestions which anybody can make to me to increase the efficiency of the roads committed to my charge, and any evidence of personal interest in anything affecting the roads, such as your letter, is very grateful to me. These long range Hearings and Orders which ignore facts, it really seems to me are a mistake. I have upon two or three occasions intimated my desire that the members of your Commission would honor me with a call, and I venture to think that the knowledge which you could get from personally looking at things and talking with me about them would be of great assistance to you as well as to me. Yours very truly, ' - . ■ ' Receiver. 40 Order 469. At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 8th day of May, 1908. Present : William R. Willcox, Chairman ; William McCarroll, Edward M. Bassett. Milo R. Maltbie, John E. Eustis, > Commissioners. In the Matter of the Hearing on the Motion of the Commission on the Question of ImprovementV Order No. 469 in and Addition to the Service of the THIRD AVENUE RAILROAD COM-/ Amending Final PANY and of Frederick W. Whitridge, as Receiver of said Company, in re-\ Uruer > o. 4 4. spect to the Third Avenue and Amsterdam Avenue line. Under Order for Hearing No. 404, dated April 7, 1908. An order known as Order No. 424 having been duly made by the Commission on the 17th day of April, 1908, and F. W. Whitridge of the Third Avenue Railroad Company, having thereafter objected to the recital therein as follows, "Edward A. Maher, Esq., appearing for said Receiver," on the ground that from such recital the inference might be drawn that said Edward A. Maher appeared on behalf of said Re- ceiver, the fact being that he attended at the request of the Commission, it is ORDERED, that said Order No. 424 be and the same hereby is amended nunc pro tunc as of the 17th day of April, 1908, by striking out the words, "Edward A. Maher, Esq., appearing for said Receiver," and inserting instead the words, "Edward A. Maher, General Manager of the Third Avenue Railroad Com- pany, for its Receiver, attending, at the request of the Commission," so that said order as amended shall read as follows: At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 17th day of April, 1908. Present : Wm. McCarroll, Acting Chairman ; Edward M. Bassett, Milo R. Mahbie, John E. Eustis, >■ Commissioners. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement! pjjjgj Order in and Addition to the service of the THIRD AVENUE RAILROAD COM-) No. 424. PANY and of Frederick W. Whitridge, as Receiver of said Company, in| respect to the Third Avenue and Amsterdam Avenue line. Under Order for Hearing No. 404, dated April 7, 1908. This matter coming on upon the report of the hearing had herein on April 16, 1908, and it appearing that the said hearing was held pursuant to Hearing Order 404 of this Commission, dated April 7, 1908, 41 and returnable on April i6, 1908, at 2:30 P. M., and it appearing that said order was duly served upon said F. W. Whitridge, as Receiver of the Third Avenue Railroad Company, on the 8th day of April, 1908, and that said Third Avenue Railroad Company had due notice of said hearing, and that said hearing was had by and before the Commission on the matters embraced in said order for a hearing on the i6th day of April, 1908, before Mr. Commissioner Maltbie presiding, Albert H. Walker, Esq., appearing for the Com- mission, Edward A. Maher, General Manager of the Third Avenue Railroad Company, for its Receiver, attending, at the request of the Commission, and proof having been taken upon said hearing, and it being made to appear after the proceedings on said hearing that the service of said Railroad Company and of said F. W. Whitridge, as Receiver of said Company, in respect to the transportation of persons upon its Third Avenue and Amsterdam Avenue line in the City and State of New York, is unreasonable, improper and in- adequate in that said Third Avenue Railroad Company and said F. W. Whitridge, as Receiver of said Com- pany, do not operate cars enough upon said Third Avenue and Amsterdam Avenue line or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or offered for transportation to them, and it appearing that it would be just, reasonable and proper that the said service of the said Third Avenue Railroad Company and F. W. Whitridge, as Receiver of said Company, be increased, supplemented and changed in the particulars hereinafter set forth : THEREFORE, On motion of George S. Coleman, Esq., Counsel to the Commission, it is ORDERED as follows: (i) That said Third Avenue Railroad Company and said F. W. Whitridge, as Receiver of said Com- pany, be, and they hereby are, directed and required to operate daily, including Sunday, over every point of the Third Avenue and Amsterdam Avenue line from the United States Post Office in Park Row to the northerly terminus of the line at or near 195th Street, either (a) A suffcient number of cars in each direction past any point of observation to provide during every 15-minute period of the day. or night a number of seats at least 10 per cent, in excess of the number of passengers at that point; the number of cars passing any point to be, however, never less than six per hour in each direction, or (b) Over that portion of the above described line south of Sixth Street a minimum number of twelve cars in one direction in each 15-minute period in which the provisions of subdivision (a) above are not complied with; and over that portion of the line above described north from Sixth Street a minimum num- ber of twenty-five cars in one direction in each 15-minute period in which the provisions of subdivision (a) above are not complied with. (2) That said Third Avenue Railroad Company and said F. W. Whitridge, as Receiver of said Com- pany, be, and they hereby are, directed and required to institute such changes, improvements and additions by or before the ist day of May, 1908. This order shall continue in force until such time as the Public Service Commission for the First Dis- trict shall otherwise order. (3) IT IS FURTHER ORDERED, That said Third Avenue Railroad Company and said F. W. Whitridge, as Receiver of said Company, notify the Public Service Commission for the First District within five days after service of this order upon them whether the terms of this order are accepted and will be obeyed. 46 At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 8th day of May, 1908. Present : William R. Willcox, Chairman : William McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis, >- Commissioners. Final Order No. 472, > Amending Final Order No. 421. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvements in and Additions to the Service of the DRY DOCK, EAST BROADWAY AND BATTERY RAILROAD COMPANY and of F. W. WHITRIDGE, as Receiver of the said Company, in respect to the Grand Street Crosstown Line and in respect to the Grand and Desbrosses Line to Brooklyn. After Order for Hearing No. 397, dated April 3, 1908, and Final Order No. 421, dated April 17, 1908. Final Order No. 421 having been made and served herein, dated the 17th day of April, 1908, which con- tained the following recital : — "Edward A. Maher, Esq., General Manager, appearing for said railroad com- pany and for said Receiver," and it having been made to appear by letter of P. W. Whitridge, Receiver of said railroad company, dated April 27, 1908, and addressed to the Secretary of the Commission, that said Edward A. Maher attended the hearing herein as a witness at the request of the Commissioij and did not appear for said railroad company or for said Receiver, and that it is suitable and proper that said Order No. 421 be changed and modified accordingly, NOW, on motion of GEORGE S. COLEMAN, ESQ., Counsel to the Commission, it is ORDERED, that said Final Order No. 421 be and the same is hereby changed and modified nunc pro tunc as of the 17th day of April, 1908, so as to read as follows: At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 17th day of April, 1908. Present : William McCarroll, Acting Chairman ; Edward M. Bassett, Milo R. Maltbie, John E. Eustis, Commissioners. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvements I in and Additions to the Service of the DRY DOCK, EAST BROADWAY AND BATTERY RAILROAD COMPANY and of F. W. WHITRIDGE,/ as Receiver of the said Company, in respect to the Grand Street Crosstown' Line and in respect to the Grand and Desbrosses Line to Brooklyn. Under Order for Hearing No. 397, dated April 3, 1908. Final Order No. 421. This matter coming on upon the report of the hearing had herein on April 13, 14 and 16, 1908, and it ap- pearing that the said hearing was held pursuant to hearing order No. 397 of this Commission, dated April 43 3, iQoS, and returnable on April 13, 1908, at 2:30 P. M., and it appearing that said order was duly served upon said F. W. Whitridge, as Receiver of the Dry Dock, East Broadway and Battery Railroad Company, on the 4th day of April, 1908, and that such service was by him duly acknowledged, and that said Dry Dock, East Broadway and Battery Railroad Company had due notice of said hearing, and that said hearing was had by and before the Commission on the matters embraced in said order for hearing on the 13th, 14th and i6th days of April, 1908, before Mr. Commissioner Maltbie presiding, Harry M. Chamberlain, Esq., appearing for the Commission, and no one appearing for said railroad company or for F. W. Whitridge, Receiver of said Company, and proof having been taken upon said hearing, and it being made to appear after the proceedings on said hearing that the service of said railroad company and of said F. W. Whitridge, as Receiver of said Company, in respect to the transportation of persons upon its lines, the Grand Street Crosstown Line and the Grand and Desbrosses Line to Brooklyn, in the City and State of New York, are unreasonable, improper and inadequate in that said Dry Dock, East Broadway and Battery Railroad Company and said F. W. Whitridge, as Receiver of said Company, do not operate cars enough upon said lines or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or ofifercd for transportation to them, and it appearing that it would be just, reasonable and proper that the said serv- ice of the said Dry Dock, East Broadway and Battery Railroad Company and of F. W. Whitridge, as its Receiver, be increased, supplemented and changed in the particulars hereinafter set forth: THEREFORE, on motion of GEORGE S. COLEMAN, ESQ., Counsel to the Commission, it is ORDERED as follows: (i) That said Dry Dock, East Broadway and Battery Railroad Company and said F. W. Whitridge, as Receiver of said Company, be and they hereby are directed and required to operate daily, including Sun- day, over every point of said Grand Street Crosstown Line and said Grand and Desbrosses Line to Brooklyn, either (a) a sufficient number of cars in each direction past any point of observation to provide during every fifteen-minute period of the day or night a ten per cent. (10%) excess of seats over passengers at that point; the number of cars passing any point to be, however, never less than six (6) cars per hour in each direc- tion ; or • (b) a minimum number of fifteen (15) cars in one direction in each fifteen-minute period in which the provisions of subdivision (a) above are not complied with. (2) That said Dry Dock, East Broadway and Battery Railroad Company and said F. W. Whitridge, as Receiver of said Company, be and they hereby are directed and required to run on said Grand Street Cross- town Line all westbound cars from Grand Street Ferry at least to Broadway, and all eastbound cars at least to the Ferry. (3) That said Dry Dock, East Broadway and Battery Railroad Company and said F, W. Whitridge, as Receiver of said Company, be and they hereby are directed and required to run on the Grand and Des- brosses Line to Brooklyn all westbound cars from the Brooklyn end of the Williamsburg Bridge at least to Broadway, and all eastbound cars at least to the Brooklyn end of the Williamsburg Bridge. (4) That said Dry Dock, East Broadway and Battery Railroad Company and said F. W. Whitridge, as Receiver of said Company, be and they hereby are directed and required to institute such changes, improve- ments and additions by or before the ist day of May, 1908. This order shall continue in force until such time as the Public Service Commission for the First Dis- trict shall otherwise order. (5) IT IS FURTHER ORDERED: That said Dry Dock, East Broadway and Battery Railroad Com- pany and said F. W. Whitridge, as Receiver of said Company, notify the Public Service Commission for the First District within five (5) days after service of this order upon them whether the terms of this order are accepted and will be obeyed. 44 . . - Order 472. JJew York, May 8, 1908. Frederick W. Whitridge, Esq., Receiver, Dry Dock, East B'way and Battery R. R. 65th Street and Third Avenue, New York City. Dear Sir : I transmit herewith a certified copy of Order No. 472, adopted by the Commission at its meeting to-day. The Order as amended embodies the suggestions made by you. Yours very truly, TRAVIS H. WHITNEY, EMR/DMQ . Secretary. Enc. i Q-472. Order 472. New York, May 12th, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 8th instant, enclosing Order No. 472, from which it appears that the Counsel of the Commission moved the Commission to rectify Order No. 421, and that the Com- mission granted his motion, and made its Order No. 421 over again in correct form, for all of which I am very much obliged to you. Yours truly, Receiver. New York, May 2, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue R. R. Co., 65th Street and Third Avenue, New York City. Dear Sir: I beg to acknowledge receipt of your communication of the 30th ult., containing an expression of your opinion that the present service on the Kingsbridge line, upon which an order was adopted by the Com- mission, is sufficient and reasonable. Your request that this letter be made a part of the record in the event of any subsequent order being made has been referred to Commissioner Maltbie. Yours very trulv, TRAVIS H. WHITNEY, Secretary. EMR/TM 0-435- 45 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvements! Order for Hearing in and Addition to the Service of the THIRD AVENUE RAILROAD COM-/ No. 435- PANY and of FREDERICK W. WHITRIDGE, as Receiver of said Com- pany. "Kingsbridge Surface Line." IT IS HEREBY ORDERED: That a hearing be had on the 6th day of May, 1908, at 3:00 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Borough of Manhattan, City of New York, State of New York, to inquire whether the regulations, practices and service of the Third Avenue Railroad Company, or of Frederick W. Whitridge, as Receiver of the said Third Avenue Railroad Company, in respect to transportation of persons jn the First District on the Kingsbridge surface line, are unreasonable, improper or inadequate, and whether the said Third Avenue Railroad Company, or the said Frederick W. Whitridge, as Receiver of the said Third Ave- nue Railroad Company, run cars enough or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate passenger traffic transported by them or offered for transportation to them, and if such be found to be the fact then to determine whether it is reasonably necessary to accommodate and trans- port the said traffic transported or offered for transportation, and is and will be just, reasonable, proper and adequate to direct that the service of the said Third Avenue Railroad Company, or of Frederick W. Whitridge, its Receiver, on the Kingsbridge surface line, be increased, supplemented and changed in the fol- lowing manner, that is to say : (i) By routing cars from 125th Street and East River to the northerly terminus of the line instead of from 125th Street and 8th Avenue as at present. (2) By operating daily, including Sundays, except between the hours of 2 A. M. and 5 A. M. over every point of the Kingsbridge Line between 125th Street and East River and the northerly terminus of the line a sufficient number of cars in each direction past any point of observation to provide during every fifteen- minute period of the day and night a number of seats at least ten per cent. (10%) in excess of the number of passengers at that point ; the number of cars passing any point to be, however, never less than six (6) per hour in each direction except between the hours of 2 A. M. and 5 A. M. (3) By making such other and further changes in the schedule and manner of operating cars on the Kingsbridge surface line between 125th Street and E^st River and the northerly terminus of the line as may be just and reasonable. And if any such changes, improvements or additions be found to be such as ought to be made as afore- said, then to determine what period will be a reasonable time within which the same should be directed to be executed. All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable. FURTHER ORDERED : That the said Third Avenue Railroad Company, and Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, be given at least ten days' notice of such hearing by service upon it, either personally or by mail, of a certified copy of this order, and that at such hearing said Company and its Receiver be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid. Travis H. Whitney, Esq., New York, April 30, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have received from you Order for Hearing No. 435, in respect to the Kingsbridge surface line. In reply thereto I beg to inform you that the cars of the Kingsbridge Line are now run 46 from I25tli Street and East River to the northerly terminus of the line, and also that on the Kingsbridge Line cars are now running in a sufficient number during every 15-minute period to accommodate 10 per cent, in excess of the passengers that are now being carried, and I do not think that any changes in the schedule or manner of operating cars on that line are at present either just or reasonable. I request that this letter be made a part of your record in the event of any subsequent order being made in respect to the matter. Yours truly, Receiver. Order 435. Travis H. Whitney, Esq., New York, May 6th, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : I have yours of the 2d instant replying to mine of the 30th ult., in which you remark that my request that my letter should be made a part of the record in the event of any subsequent order being made, has been referred to Commissioner Maltbie. I confess to having been very much surprised indeed to learn that, in cases where the Public Service Commission have taken the initiative in complaining of me and in ordering a Hearing, my reply to their complaint — legally speaking, the Order for hearing is what that amounts to — has not been made a part of the record. The reply of any person accused under any system of jurisprudence or quasi jurisprudence is just as much a part of the record as the complaint itself. I should be very much obliged if the Public Service Commission would take definite action on this matter and inform me what it is, because, obviously, if the careful replies I endeavor to make to their complaints are not considered by them as any part of their record, it is not worth my while to make any reply at all to any future complaints or orders for Hearing. If you would kindly bring this matter before the Commission and inform me of their deci- sion, I shall be very much obliged. Yours irulv. Receiver. Frederick W. Whitridge, Esq., New York, April 27, 1908. Receiver of the 426 St., Manhattanville and St. Nicholas Ave. R. R. Co., 65th Street and Third Avenue, ' New York City. Dear Sir: I transmit herewith a certified copy of Order No. 437, adopted by the Commission at its meeting to-day. In acknowledging receipt hereof, I beg to call your attention to Section 23 of the Public Service Com- mission's Law. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, Enc. Secretary. 0-437- 47 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Information to be supplied by RAILROAD CORPORATIONS and STREET^ Order No. 437- RAILROAD CORPORATIONS within the First District as to number of car motors, car bodies and car trucks operated by them. RESOLVED, that every railroad corporation and street railroad corporation under the jurisdiction of the Public Service Commission for the First District be and it hereby is required to make and file with the Secretary of the said Commission: (i) Specific answer, semi-annually, to each of the questions shown on the attached form entitled "Table of Car Motors" as to any car motors owned, used or operated by such company, said answers to be made as of July ist and January ist in each year, and to be filed on or before July 20th and January 20th, respect- ively, thereafter; except that the first answer under this section shall be made as of May ist, 1908, and shall be filed on or before May 20th, 1908, instead of being made as of July ist, 1908, and filed on or before July 20th, 1908. (2) Specific answer, monthly, to each of the questions shown on the attached form entitled "Table of Car Motors" as to any additional car motors owned, used or operated by such company, after the making and filing of the information required by and under the foregoing requisition (i), the said answers to be made as of the first day of each month, and to be filed on or before the loth day of such month and to cover such additional car motors for the preceding month. (3) Specific answer, semi-annually, to each of the questions shown on the attached form entitled "Table of Car Bodies" as to any car bodies owned, used or operated by such company, the answers to be made as of July 1st and January 1st in each year, and to be filed on or before July 20th and January 20th, respect- ively, thereafter ; except that the first answer under this section shall be made as of May ist, 1908, and shall be filed on or before May 20th, 1908, instead of being made as of July ist, 1908, and filed on or before July 20th, 1908. (4) Specific answer, monthly, to each of the questions shown on the attached form entitled "Table of Car Bodies" as to any additional car bodies owned, used or operated by such company after the making and filing of the information required by and under the foregoing requisition (3), the said answers to be made as of the first day of each month, and to be filed on or before the loth day of such month and to cover such additional car bodies for the preceding month. (5) Specific answer, semi-annually, to each of the questions shown on the attached form entitled "Table of Car Trucks" as to any car trucks owned, used or operated by such company, the answers to be made as of July 1st and January ist in each year to be filed on or before July 20th and January 20th, respectively, thereafter; except that the first answer under this section shall be made as of May ist, 1908. and shall be filed on or before May 20th, 1908, instead of being made as of July ist, 1908, and filed on or before July 20th, 1908. (6) Specific answer, monthly, to each of the questions shown on the attached form entitled "Table of Car Trucks" as to any additional car trucks owned, used or operated by such company after the making and filing of the information required by and under the foregoing requisition (5), the said answer to be made as of the first day of each month and to be filed on or before the loth day of such month, and to cover such additional car trucks for the preceding month. And it is further RESOLVED, that this order shall take effect on the 28th day of April. 1908, and shall continue in force until and including January 20th, 1910, unless earlier modified or abrogated by the Commission. 48 New York, April 29, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York. My dear Sir : I beg to acknowledge from you a sheaf of letters enclosing a similar sheaf of certified copies of Order 437, adopted by the Public Service Commission at its meeting yesterday, and also calling my attention to Section 23 of the Public Service Commission's Law. If you have copy of the Public Service Commission's Law in pamphlet form, I shall be very much obliged if you would send it to me. I am anxious to comply with all the laws there are, and am prepared to increase my force of stenographers and typewriters to any reasonable extent which may be necessary for the correspondence in respect thereto. Yours truly, Receiver. New York, April 30, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 65th Street and Third Avenue, New York City. Dear Sir: I am sending you, under separate cover, a copy of the Public Service Commission's Law, per your request of the 29th inst., in connection with Order No. 437. Yours very truly, TRAVIS H. WHITNEY, EMR/TM Secretary. 0-437. New York, April 30, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York. Dear Sir: I beg to acknowledge herewith two additional certified copies of Order No. 437, and also seven certified copies of Order No. 443, adopted by the Public Service Commission at its meet- ing on the 28th instant, enclosing in each case several forms. Most of the information therein requested to be furnished the Commission I think we can furnish ; but some of it is not in our possession, and I doubt if it can be obtained. Such, for instance, a statement as to costs — if there is any information on that subject extant it is probably in the possession of the Receivers of the New York City Railway Company. Yours truly. Receiver. 49 New York, May 6, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue and 65th Street, New York City. Dear Sir; Under Order No. 437, a copy of which was sent, with blank forms, to you as Receiver of Dry Dock, East Broadway and Battery Railroad Co., 42d Street, Manhattanville and St. Nicholas Avenue Rail- road Co., and the Third Avenue Railroad Co., there appears on form "T 7" (table of car trucks) "SPACE." This is a typographical error, and should be "SPARE." This letter is sent to you in explanation of this item. Yours very truly, A. W. M'LIMONT, Electrical Engineer. RHN/CO New York, May 26, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 6sth Street and Third Avenue, New York City. Dear Sir: I beg to call your attention to the fact that this Commission has not yet received, in compliance with Order No. 437, the reports of your Company, showing the number of car motors, car bodies and car trucks operated by you. Compliance with thjs Order was due May 20th, 1908. Yours very truly, TRAVIS H. WHITNEY, EMR/DMQ Secretary. 0-437. May 27, 1908. Time for compliance with terms of this Order, No. 437, extended to June ist as to Dry Dock and Union Railroads. R. W. K. Order 437. New York, May 27th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York. My Dear Sir : I have yours of the 26th. My people were instructed to make the report to you required by Order 437. Apparently there was some confusion in their minds by reason of the fact that the time for these reports, as respects the Dry Dock and Union Roads, was extended to June ist. They are, however, at work upon these reports and you will have them within a few days. We have been under considerable pressure, as you know, in the endeavor to have all our open cars repaired by the 31st. Yours truly. Receiver. SO Frederick W. Whitridge, Esq.. New York, April 28th, 1908. Receiver, Union Railway Company, 65th Street and Third Avenue, New York City. Dear Sir: I transmit herewith a certified copy of Order No. 443, adopted by the Commission at its meeting to-day. In acknowledging receipt hereof, I beg to call your attention to Section 23 of the Public Service Commission's Law. Yours very truly, EMR/CD TRAVIS H. WHITNEY, Enc. Secretary. 0-443- May 13, 1908. Mr. Martin says he has copy of this Order, No. 443, served on him, also No. 437, and notice of ex- tension of time for complying until June ist. R. W. K. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of Information to be supplied by every RAILROAD CORPORATION under the^ jurisdiction of the Public Service Commission for the First District, with re- spect to the number of cars owned and operated and the kinds of Fenders,) Wheel Guards and Brakes with which they are equipped. Order No. 443. RESOLVED: That every Street Railroad Corporation under the jurisdiction of the Public Service Commission for the First District be and hereby is required to file with the Secretary of the Commis- sion, on or before May 10, 1908, a full and complete answer to each of the questions in the following form, such answers to be as of May i, 1908: To the Public Service Commission for the First District: Sirs : This Company owns cars and operates upon its lines cars, of which cars are owned by These cars are equipped with fenders, wheel guards and brakes, as set forth below. Class of Car. U S 3 Owned by company Owned by others . . , Owned by company Owned by others . . , Owned by company Owned by others . . . CO ro > 3 5 u'5 ^^• "S)"^ "5 53 1; h4 >» Commissioners. WII.UAM HENDERSON and One Hundred and Fifty Others, Complainants, against UNION RAILWAY COMPANY and FREDERICK W. WHITRIDGE, as Receiver of said Company, Defendant. "Inadequate service on Fort Schuyler Road, Westchester Village, to Eastern Boulevard, and proposed extension of line on Eastern Boulevard." After Hearing Order No. 368, dated March 27, 1908. :> Final Order No. 474. This matter coming'on upon the report of the hearing had herein on the 8th day of April, 1908, and on the isth day of April, 1908, and it appearing that the said hearing was had by and before the Commission pursuant to hearing order No. 368, issued upon the complaint and answer herein and return- able on the 8th day of April, 1908, at 3:30 P. M., and it appearing that said order was duly served upon said Union Railway Company, and that such service was by it duly acknowledged, and that said hear- ing was had by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified on the 8th day of April, 1908, and on the 15th day of April, 1908, before Mr. Commissioner Eustis presiding, Harry M. Chamberlain, Esq., Assistant Counsel, appearing for the Commission, and M. S. Borland, Esq., of Messrs. Bowers & Sands, attorneys, appearing for said Union Railway Company and for Frederick W. Whitridge, as Receiver of said Company, and it having been made to appear after the proceedings on said hearing that said Union Railway Company and said Frederick W. Whitridge, as Receiver of said Company, have done or omitted to do certain acts which are in violation of some provision of law or of the terms and conditions of the franchise or charter of said Company, in failing to extend its line from the present terminus of its line on Fort Schuyler Road at the intersection of Fort Schuyler Road and Eastern Boulevard, along Eastern Boulevard and the Town Dock Road to Long Island Sound, said route being designated in the franchise of said Company in the following language: — "thence along said (Eastern) Boulevard to the new road to Long Island Sound, and thence along said new road to Long Island Sound," and it having been made to appear after the proceedings on said hearing that it would be just, reasonable and proper to require the said Union Railway Company and said Frederick W. Whitridge, as Receiver of said Company, to extend and operate its said line from the present terminus thereof on said Fort Schuyler Road as aforesaid, along Eastern Boulevard up to the point where said Town Dock Road intersects said Eastern Boulevard, and as far as the franchise of said Company extends on said Eastern Boulevard; and it having been made to appear that such addition ought reasonably to be made to said line in order to promote the conven- ience of the public; and it having been made to appear after the proceedings on said hearing that the service of said Union Railway Company and of Frederick W. Whitridge, as Receiver of said Company, in respect to the transportation of persons upon their line upon said Fort Schuyler Road is unreasonable, improper and inadequate, in that said Company and said Frederick W. Whitridge, as Receiver of said Company, do not operate cars enough upon said line or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or offered for transportation to them, and that it would be just, reasonable and proper that the said service of said Union Railway Company and of Frederick W. Whitridge, as Receiver of said Company, be increased, supplemented and changed in the particulars hereinafter set forth: 56 THEREFORE, on motion of GEORGE S. COLEMAN, ESQ., Counsel to the Commission, it is ORDERED, (i) That said Union Railway Company and said Frederick W. Whitridge, as Receiver of said Com- pany, be and they hereby are directed and required to extend their said line from the easterly terminus of said line on Fort Schuyler Road at the intersection of said road with Eastern Boulevard, along said Eastern Boulevard up to the point where said Town Dock Road intersects said Eastern Boulevard, and as far as the franchise rights of the said Company extend on Eastern Boulevard, and to build and equip such extension in a suitable and proper manner for the operation of said line and with such switches or turn-outs as may be required to enable said Company and its said Receiver to give adequate service upon said Eastern Boulevard and upon said Fort Schuyler Road. (2) IT IS FURTHER ORDERED, That said Union Railway Company and said Frederick W. Whitridge, as Receiver of said Company, be and they hereby are directed and required to operate daily, including Sunday, over every point of said line on said Fort Schuyler Road and every point of said line on Eastern Boulevard when completed, either (a) A sufficient number of cars in each direction past any point of observation to provide during every fifteen-minute period of the day and night between the hours of 6:30 A. M. and 1:45 A. M. at least a seat for every passenger; the number of cars passing any point in each direction to be, however, never less than eight (8) cars per hour between 6:30 A. M. and 9 A. M., and between 3:30 P. M. and 8:00 P. M., and never less than four (4) cars per hour in each direction between 9 A. M. and 3:30 P. M. and between 8:00 P. M. and 1:45 A. M.; or (b) A minimum of fifteen (15) cars in each direction in each thirty-minute period in which the provisions of subdivision (a) above are not complied with. (3) IT IS FURTHER ORDERED, That said Union Railway Company and said Frederick W. Whitridge, as Receiver of said Company, be and they hereby are directed and required to complete said extension of said line on said Eastern Boulevard, and to begin the operation of cars thereon not later than the 15th day of June, 1908, and to institute said improvements, changes and additions to and in the operation of its cars on said Fort Schuyler Road and Eastern Boulevard not later than the iSth day of June, 1908. This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (4) This order shall be without prejudice to the right of the Commission to make such further or other order or orders regarding any such further extension or extensions of said line on said Town Dock Road as may to the Commission seem just and reasonable. (5) IT IS FURTHER ORDERED, That the said Union Railway Company and said Frederick W. Whitridge, as Receiver of said Company, notify the Public Service Commission for the First Dis- trict within five days after service of this order upon them whether the terms of this order are accepted and will be obeyed. Order 474. Travis H. Whitney, Esq., New York, May 12, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have received from you this morning the 474th Order of the Public Service Commission, in respect to certain matters affecting the Union Railway. As all these matters were discussed be- tween the Commission and the counsel and manager of the Union Railway, and as it was under- stood that the various things now ordered should be attended to, I am unable to perceive the necessity of the Order. Yours very truly, Receiver. 57 Frederick W. Whitridge, Esq., New York, June i6, 1908. Receiver Union Railway Co., 65th Street and Third Ave., New York City. Dear Sir: I transmit herewith a certified copy of Order No. 580 adopted by the Commission at its meeting to-day. Yours very truly, CD/DMQ TRAVIS H. WHITNEY, Enc. Secretary. 0-579 Order No. 580. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Extension Order > No. 580. WILLIAM HENDERSON and One Hundred and Fifty Others, Complainants, against UNION RAILWAY COMPANY and FREDERICK W. WHITRIDGE, as Receiver of said Company, Defendants. "Inadequate service on Fort Schuyler Road, Westchester Village to Eastern Boulevard, and proposed extension of line on Eastern Boulevard." An order. No. 474, having been made herein on or about the 8th day of May, 1908, ordering and di- recting the Union Railway Company and Frederick W. Whitridge, its Receiver, to extend their line from the easterly terminus of said line on Fort Schuyler Road at the intersection of said road with Eastern Boulevard up to the point where said Town Dock Road intersects said Eastern Boulevard and as far as the franchise rights of the said company extend on Eastern Boulevard, and to complete said extension and begin the operation of cars thereon not later than the 15th day of June, 1908, and the said Union Rail- way Company and Frederick W. Whitridge, its Receiver, having, on June 13th, 1908, applied in writing for an extension of such time, NOW, on motion made and duly seconded, it is ORDERED : that the time within which the Union Railway Company and its Receiver, Frederick W. Whitridge, shall complete the construction of the extension to its road herein mentioned be, and the same hereby is, extended to and including the 15th day of July, 1908. Frederick W. Whitridge, Esq., . New York, May 12, 1908. Third Avenue and 65th Street, New York City. Dear Sir: I transmit herewith a certified copy each of Orders 483, 484, 486 and 487, adopted by the Commis- sion at its meeting to-day, extending the time of the Union Railway Company, the Dry Dock, East Broad- way and Battery Railroad Company within which to comply with the terms of Orders 437 and 443. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, Enc. Secretary. 0-483, 484, 486, 487- Orders No. 483, 484, 486, 487 are all to same effect except that each applies to a different line. R. W. K. 58 Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of , „ ,. . , ^ •. , ^ , r. T^ -1 j\ Extension Order Information to be supplied by Railroad Corporations and Street Railroad' j^q .g. Corporations within the First District as to number of car motors, car bodies I and car trucks operated by them. I An order. No. 437, having been made herein on or about the 28th day of April, ordering and direct- ing the Railroad Corporations and Street Railroad Corporations within the First District to file with the Commission certain reports therein specified on or before May 20th, 1908, and the said order having been served upon the Union Railway Company of New York City and its Receiver, Frederick W. Whitridge, on the 28th day of April, 1908, and the said Union Railway Company of New York City and its Receiver, Frederick W, Whitridge, having on the 8th day of May, 1908, applied in writing for an extension of such time, NOW, on motion made and duly seconded, it is ORDERED: That the time within which the said Union Railway Company of New York City or its Receiver, Frederick W. Whitridge, shall submit the reports herein mentioned, be, and the same hereby is, extended to and including the ist day of June, 1908. Orders 483, 484, 486 and 487. New York, May 13, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 12th, enclosing certified copies of Orders 483, 484, 486 and 487. I call your attention to the fact that I made no application whatever for an extension of time, but that you received an application from Mr. Borland, who is or was the secretary of some of these Companies, which was made without my knowledge, so it is hardly accurate to say that the application was made by me in writing. Yours truly, Receiver. Order 447. New York, May i, 1908. Frederick W. Whitridge, Esq., Receiver of the 42d St., Manhattanville and St. Nicholas Avenue Railroad, Third Avenue and 65th Street, N. Y. C. Sir: Herewith is transmitted a duly certified copy of Order No. 447 of this Commission upon the complaint of M. Burr Wright, Assembly Chamber, Albany, N. Y., in the matter of unsanitary condition of cars on 42d Street Crosstown Line. 59 Rule VIII adopted by the Public Service Commission requires the original answer to be filed with the Secretary of the Commission at its office within the time specified, and a copy thereof at the same time be served personally or by mail upon the complainant, and the Commission so notified. The answer must specifically admit or deny the material allegations of the complaint, and also set forth the facts which will be relied upon to support any such denial. If satisfaction is made before answering, a written acknowledgment thereof by the complainant must be filed. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, O-447. Secretary. Copy. STATE OF NEW YORK, Assembly Chamber. Albanv, April 16, 1908. Hon. William R. Willcox, Chairman, Public Service Commission, First District, New York City. My dear Sir: Your attention is called to my complaint, i. e., relative to the filthy and unsanitary condition of cars running across Forty-second Street. Car 2793, which I took this day at 8:20 A. M. from Grand Central station, would make as fine a breeding bed for germs or microbes as to please the heart of the greatest dispensers of cure-alls. This is not the first instance. You will find it a rarity to find them in any other condition than that in which I have mentioned. Trusting something may be accomplished to relieve a long-suffering community, I remain, Yours respectfully, '- (Signed) M. BURR WRIGHT, Assemblyman, 2d Westchester Dist. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. M. BURR WRIGHT, Complainant, against FORTY-SECOND STREET, MANHATTANVILLE AND ST. NICHOLAS I Complaint No 447 AVENUE RAILROAD COMPANY, or its Receiver, FREDERICK W. f Order. WHITRIDGE, Defendants. "Unsanitary condition of cars on 42d Street Crosstown Line." This matter coming on upon the complaint of M. Burr Wright, Assembly Chamber, Albany, N. Y., by which it appears that said complainant is aggrieved by acts done or omitted to be done by the 42d Street, Manhattanville and St. Nicholas Avenue Railroad Company or its Receiver, Frederick W. Whit- ridge, said defendants, and set forth in said complaint, which are claimed to be in violation of some provision of law, or of the terms and conditions of defendant's franchise or of an order of this Commission. NOW. upon the said complaint, it is ORDERED : That a copy of the said complaint be forwarded to said defendant and that the matters therein complained of be satisfied or the charges in said complaint set forth be answered by said defendant within ten days after service upon it of this order, exclusive of the day of service. 60 Order 497. Order 447. New York, May 22, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your letter of May ist, enclosing 'complaint Order No. 447 and Order for Hearing No. 497, dated May 15th. I have nothing further to add to what I have repeatedly said to you about all the cars on the Third Avenue System, excepting this — that I did find that one of the foremen in charge of the 42d Street cars had been found to be neglecting to do what he could have done in the way of removing the rubbish left in these cars by the passengers, and he was discharged. Until, however, these cars can be thoroughly repaired or replaced, it will be quite impossible to avoid more or less well-grounded complaints, and the cars cannot be repaired until they can be removed from service, which cannot be done until the new cars come to replace them. Our new trucks and motors are now coming in, and I hope within a fortnight to make an appreciable improvement in these matters. Yours truly, Receiver. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. M. BURR WRIGHT, Complainant, against FORTY-SECOND STREET, MANHATTANVILLE AND ST. NICHOLAS AVENUE RAILWAY COMPANY and FREDERICK W. WHITRIDGE, as Receiver of said Company, Defendants. Unsanitary Condition of Cars on 42d Street Crosstown Line. Hearing Order for No. 497. . ) Upon the complaint herein, upon which Order No. 447 was issued on or about the ist day of May, 1908, and the answer of Frederick W. Whitridge, as Receiver of the Forty-second Street, Manhat- tanville and St. Nicholas Avenue Railway Company, dated the 2d day of May, 1908, it is ORDERED, That upon the matters contained therein a hearing be had on the 22d day of May, 1908, at 4:00 o'clock in the afternoon of that day, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Borough of Manhattan, City and State of New York. To the end that the Commission may make such order or orders in the premises as shall be just and reasonable. 61 FURTHER ORDERED: That the said M. Burr Wright, complainant, and the said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company and Frederick W. Whitridge, as Receiver of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, be given at least five days' notice of such hearing by service upon each of them, either personally or by mail, of a certified copy of this order, and that at such hearing said complainant and said company and its Receiver be afforded all reasonable opportunity for presenting evidence and for examining and cross-examining witnesses as to the matters aforesaid. New York, May 2d, 1908. Mr. M. Burr Wright, Assembly Chamber, Albany, New York. Dear Sir: The Public Service Commission have sent to me your complaint of April i6th, relative to the filthy and unsanitary condition of the cars running across 426 Street, from which it appears that you took one car at 8 :20 A. M. which you think "would make as fine a breeding bed for germs or microbes (would you, by the way, be good enough to inform me of the difiference be- tween a germ and microbe) as to please the heart of the greatest dispensers of cure-alls." You also say that this is not the first instance, and that the Public Service Commission will find it a rarity to find them (the cars) in any other condition but that in which you have mentioned. In reply thereto I beg to say that I am aware that a great many of the 42d Street cars are old and apparently dirty. We make, however, the most diligent search for germs and microbes, and I do not think that at 8:20 in the morning any could be found in any of these cars, and those you detected were probably brought by you from the Grand Central Station and taken into the 42d Street car by you, T have ordered fifty new cars for this line, in all of which there will be cane seats instead of the carpet seats, which get inevitably so dirty. The first of these were promised to me, under the contract, the 15th of April. None have, however, as yet been received. As soon as they arrive the service upon this line will be materially improved. In the meantime I have or- dered the Superintendent to look up this particular car, and have reinforced my previous instruc- tions in respect to keeping all the cars in as good order as their character permits. Yours truly, Receiver. Travis H. Whitney, Esq., New York, May 2d, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I beg herewith to enclose copy of my reply to Complaint Order No. 447, which I have sent to Mr. Wright. Yours truly. Receiver. 62 At a meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 2d day of June, 1908. Present : William R. Willcox, Chairman, Edward M. Bassett, Milo R. Maltbie, John E. Eustis, Commissioners. M. In the Matter of BURR WRIGHT, Complainant, against FORTY-SECOND STREET, MANHATTANVILLE and ST. NICHOLAS AVENUE RAILWAY COMPANY and FREDERICK W. WHITRIDGE, as Receiver of said Company, Defendants. "Unsanitary Condition of Closed Cars on Forty-second Street Crosstown Line." After Order for Hearing No. 497, dated May 15, 1908. Final Order No. 547. This matter coming on upon the report of the hearing had herein on the 22d day of May, 1908, and on the 29th day of May, 1908, and it appearing that said hearing was had pursuant to Order for Hearing No. 497 of this Commission, dated May 15, 1908, and returnable May 22, 1908, at 4 P. M., which order for hearing was issued upon the complaint and answer herein ; and it appearing that said order for hearing was duly served upon said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company and upon Frederick W. Whitridge as Receiver of said Company ; and it appearing that said hearing was held by and before the Commission on the matters in said complaint, answer and order specified on said 22d day of May, 1908, and the 29th day of May, 1908, before Mr. Commissioner Maltbie, presiding, Harry M. Chamberlain, Esq., Assistant Counsel, appearing for the Commission and M. Burr Wright, Complainant, appearing in person and no one appearing for said Railway Company or for said Receiver. NOW, it having been made to appear after the proceedings on said hearing that the regulations, prac- tices, equipment and service of said Railway Company and said Frederick W. Whitridge, as Receiver of said Company, in respect to the transportation of persons upon the line of said Company known as the Forty-second Street Crosstown Line, within the First District, are unsafe and improper in that the closed cars operated by said Company and by said Receiver upon said line are in an unclean and unsanitary condition and that changes in said regulations, practices, equipment and service hereinafter mentioned ought reasonably to be put in force, observed and used by said Company and by said Receiver on said line and that it would be reasonable to require said changes to be put in force by or before the date hereinafter specified and continued in force as hereinafter provided, THEREFORE, on motion of George S. Coleman, Esq., Counsel to the Commission, it is ORDERED: (i) That all closed cars operated by said Company and by said Receiver on said line shall be placed in a clean and sanitary condition by or before the 8th day of June, 1908, and shall be con- tinued in that condition from that time until the 20th day of September, 1908. (2) That this order shall take effect on the 8th day of June, 1908, and shall continue in force until the 20th day of September, 1908, unless earlier modified or abrogated by the Commission. (3) That said Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company and said Frederick W. Whitridge, as Receiver of said Company, notify the Public Service Commission for the First District within three (3) days after the service of this order upon them whether the terms of this order are accepted and will be obeyed. 63 New York, June 4th, 1908. Order 547. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City.' Dear Sir: I have received from you the 547th Order of the Public S.ervice Commission. In reply there- to, I can only repeat that the cars which I received from the Metropolitan Railway were and are in bad order. They are kept by me in as good order as possible. Now that the open cars are all repaired, the repair pf the closed cars has been taken up, and in the course of time they will all, I hope, be in satisfactory condition. I notice that your order says, "The cars should be placed in a clean and sanitary condition by or before the 8th day of June, 1908, and should be continued in that condition from that time until the 20th day of September." I beg to inform you that they are now and will be kept in a clean and sanitary condition not only from now until the 20th of September, but after that date also. I think your Commission would be doing the public and me a real service, if you would send me reports of your inspectors as to any particular car which is in worse condition than it need be, and I should be very much obliged for that assistance. Specific complaints are more efficacious than general Orders either by you or me, which are too often like a discharge of a blank cartridge at a masked target. Yours respectfully, Receiver. INVESTIGATION NO. 237- Re Sanitary Condition of 42nd St. Crosstown Cars. Investigation by Frank Bennet, Inspector. Condition of Seats. Sides General. Windows. & Roof. Car No. 2774 2047 2025 2712 2745 2769 2761 2767 2149 2792 2084 2777 2711 2754 2708 2024 2749 2753 2779 2760 2043 2747 2035 2042 X144 X161 ^159 482 2793 2083 2768 2763 2750 Conduc- Time tor's No. P.M. — 1:52 — 1:56 — 2:00 2:04 2:09 Floor. Clean Clean 1341 1360 1373 1353 1355 1358 1 138 1349 1314 1338 1370 1324 1366 1319 1346 ^277 "75 1 129 1151 1005 1307 1351 133 1 2:13 2:18 2:20 2:23 2:25 2:27 2:29 2:35 2:39 2:52 3:03 3:07 3:09 3:18 3:24 3:35 3:37 3:42 3:53 3:58 4:01 4:04 4:06 4:07 4:10 4:12 4:29 4:32 Dirty Clean « Dirty « Clean « Dirty « Clean (( Dirty Clean Dirty Clean Dirty Dirty Clean Clean Sanitary Frayed Dirty Spotted Clean Dirty Clean Dirty <( Clean Dirty Clean Dirty Clean Dirty Clean Dirty Clean Clean Dirty Clean <( Dirty Clean Dusty Clean « Dirty Clean Dirty « Clean Dirty Clean Dirty Clean Unsanitary << Sanitary <( Unsanitary Sanitary « Unsanitary « Sanitary « Unsanitary It Sanitary Unsanitary Sanitary Unsanitary Sanitary X Means open car. 64 Re-exammation after the first hearing on M. Burr ) ^ . . .^ .,,,... „, . , , , • . ^ • . 1 • .• ^- TT ( Investigation No. 337 ^ "- " Wright s complaint. Original investigation, 279, Hear- >• m 8 008 ing Order 497. J i ay 2 , ipoe. D. L. Turner, Esq., General Inspector. Dear Sir: The examination after the first hearing adjourned was made by Inspector Bennet on Tuesday, May 26, from i :50 to 4 :50 P. M. The results of the inspection are in tabulation attached herewith. There has been material improvement in the appearance and condition of these cars since the in- vestigation of April 24th — about 60% of the seats have been re-carpeted, the balance has been renovated thoroughly. A small percentage are unfit for service. Windows. The windows were lowered into the window pockets in most cases, those exposed to view and those which were pulled up for inspection showed signs of recent cleaning and were in fair condition. Floors. These have received the least attention. The movable slat bottoms have been removed for clean- ing, but not given thorough attention. The stationary slat floors are still in very dirty condition and should be scraped out, washed and scrubbed. Sides and Roofs. There has some attention been given to cleaning these. Apparently they have been sponged down, but not done thoroughly. When once these cars have had a thorough and complete cleaning, it will require but little daily work to keep them in proper condition. SUMMARY: Sides and Date No. of Roofs Seats Floors Windows Cars Dirty Clean Dirty Clean Dirty Clean Dirty Clean Apr. 24.. 23 14 9 14 9 18 5 20 23 May 26.. 33 16 17 26 7 16 17 4 29 Time of observation field 4 hours, office 7 hours, total 11 hours. Respectfully submitted, ROBERT E. ANTHONY, Transit Inspector. F. W. Whitridge, Esq., New York, June 8, 1908. Receiver Third Avenue Railway Company, Third Ave. and 6sth St., New York. Dear Sir: Replying to your communication of June 4th, relating to Final Order No. 547 of this Commission, I desire to state with respect to your calling attention to the fact that the order apparently only re- quires the cars to be kept in a clean and sanitary condition to the 20th day of September, that this order is really a supplement to Order No. 365 which required that all closed cars should be overhauled bj the 20th of September. This order is intended to apply to the cleanliness of the cars and it was presumed that, after they were all overhauled by the 20th of September, they would be kept in good condition thereafter. I note your suggestion that we send to you reports of our inspectors as to particular cars and in that connection I enclose herewith copy of a report by the inspectors showing the condition of the cars 6S at two different dates. This inspection was made some little time ago and it may have no bearing on the condition of the cars at the present time, but I send it to you for what it is worth. Very truly yours, TRAVIS H. WHITNEY, Secretary. Enc. THW/CS Order No. 547. New York, June 9th, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York. My dear Sir: I have yours of the 8th for which I am much obliged to you. I do not see why you should presume that the new cars would be kept in any better condition than the old cars, in face of my statement that the old cars were kept in as good condition as possible. It is perhaps natural that you should make some such presumption on the faith of your own inspectors' reports, but the value of those reports, in my eyes, is lessened and even de- stroyed, by the statement in the report you have sent me, that "since the investigation of April 24th, about sixty per cent, of the seats on the 42nd Street cars have been re-carpeted, and the balance have been renovated thoroughly," whereas, the fact is, that none of the seats have been re-carpeted at all, and I am at liberty to conclude that the rest of your inspector's report is as valueless as the paragraph I have quoted. Yours very truly, Receiver. New York, May 22, 1908. Frederick W. Whitridge, Esq., Receiver Union Ry. Co., Third Ave. and 65th Street, N. Y. C. Dear Sir: Herewith is transmitted a duly certified copy of Order No. 517 of this Commission upon the complaint of Frank J. Flynn, 1151 Gerard Avenue, Bronx, N. Y., in the matter of the failure of said Company to operate cars between 1:00 and 5:00 A. M. on a headway of 20 minutes. Rule VIII adopted by the Public Service Commission requires the original answer to be filed with the Secretary of the Commission at its office within the time specified, and a copy thereof at the same time be served personally or by mail upon the complainant, and the Commission so notified. The answer must specifically admit or deny the material allegations of the complaint, and also set forth the facts which will be relied upon to support any such denial. If satisfaction is made before answering, a written acknowledgment thereof by the complainant must be filed. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ O-S17 66 Borough of Manhattan, City of New York. Tribune Building, 154 Nassau Street, STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. FRANK J. FLYNN, Complainant, against UNION RAILWAY COMPANY and FREDERICK W. WHITRIDGE, its Receiver, Defendants. "Failure to operate cars between i :oo and 5 :oo A. M. on a headway of twenty minutes." >. Complaint Order No. 517. This matter coming on upon the complaint of Frank J. Flynn, 1151 Gerard Avenue, Borough of The Bronx, New York City, by which it appears that said complainant is aggrieved by acts done or omitted to be done by the Union Railway Company or Frederick W. Whitridge, its Receiver, said de- fendants, and set forth in said complaint, which are claimed to be in violation of some provision of law, or of the terms and conditions of defendants' franchise, or of an order of this Commission. NOW, upon the said complaint, it is ORDERED: that a copy of the said complaint be forwarded to said defendant Union Railway Company and to Frederick W. Whitridge, its Receiver, and that the matters therein complained of be satisfied or the charges in said complaint set forth be answered by said defendants within ten (10) days after service upon them of this order, exclusive of the day of service. FLYNNS MILITARY BAND AND ORCHESTRA. 1 151 Gerard Avenue, near i68th Street, Borough of the Bronx, N. Y. City. New York, May 19, 1908. To the Honorable Public Service Commission, Tribune Building, N. Y. City. Gentlemen: The Union Railroad Company of the Borough of The Bronx operate a line of cars on East i6ist Street on a sixty-minute headway after i or 1:30 A. M. until 5 A. M., which is in violation of Section 595 of the City Ordinances regulating surface railroad traffic. The said Railroad Company also operates over the Morris Avenue line and do not run any cars whatever northbound from 129th Street to Washington Bridge between the hours of i A. M. and 5 A. M. This is also a violation of the aforesaid ordinance. I therefore request that you use your best efforts and the power invested in your Honorable Board to compel the Union Railroad Company to operate their cars over these lines on at least twenty minute headway, in accordance with Section 595 of the City Ordinance, between the hours of i A. M. and 5 A. M. Enclosed you will find a copy of extracts from the Minutes of the Board of Estimate and Appor- tionment of meetings held on March 2nd and March i6th, 1906, indicating the action of the Board of Estimate and Apportionment in reference to a similar complaint made by me on January 31, 1906, which obtained the desired results. I again submit that it is an outrage and an unwarranted inconvenience to compel many people, who must use these lines late at night, to stand on street corners waiting at times sixty minutes for a car when twenty minutes is all the law allows. Hoping to be successful in my request, and sincerely appreciating any courtesy shown in this mat- ter, I am Respectfully yours, (Signed) FRANK J. FLYNN. (Extract from Minutes of Board of Estimate not annexed.) 67 New York, May 27th, 1908. Edward A. Maher, Esq., General Manager Union Railway Company, New York City. Dear Sir: In reply to complaint of Frank J. Flynn of No. 1151 Gerard Avenue, New York City, to the Public Service Commission in relation to operating cars on Morris Avenue line from i :oo A. M. to 5 :oo A. M., I would say that we operate lines that run parallel to Morris Avenue line. The Fordham line which operates 3 cars per hour and the West Farms line which operates 2 cars in 50 minutes, making 5 cars per hour operated on Third Avenue between 128th Street and 163rd Street, then we operate 2 cars per hour from 149th Street and Melrose Avenue to Kingsbridge which makes 7 cars per hour operated east of Morris Avenue line. We operate 3 cars per hour on Jerome Avenue line which runs west of Morris Avenue line. All the lines are only a short distance from Morris Avenue. The said complainant also complains about operating more cars on i6ist Street between the hours of I :oo and 5 :oo A. M. We operate one car at the- present time from i6ist Street and Third Avenue west to Sedgwick Avenue and east to Tremont and Third Avenue and return. This line at the present time acco?ding to its earnings and the number of passengers that it carries does not call for any more cars. Attached you will find figures relating to the number of passengers carried, the amount of cash received, the number of miles traveled, the earnings in cents per car mile, the cost of operating per car mile and the loss sustained by operating one car for 14 days on Sedgwick Avenue line. Respectfully yours, H. BONIFACE, Superintendent. NUMBER OF PASSENGERS CARRIED ON 161ST STREET LINE FROM JEROME AVENUE EAST TO 3D AVENUE AND RETURN. MAY 26TH, 1908. Car Trip Time Transfers "L's" Cash 108 I 1 :20 A.M. 2 1:30 5 2 2:20 2 I 2:30 I 2 3 3:20 2 .':30 5 4 4 4:20 I 4:30 3 I 5 5:20 5 3 5:30 6 3 32 o 14 Total Passengers, 46. NUMBER OF PASSENGERS CARRIED ON 161 ST STREET LINE FROM) JEROME AVENUE . . . , EAST TO 3D AVENUE AND RETURN. MAY 27TH, 1908. Car Trip Time Transfers "L's" Cash 34 I 1:20 A.M. 5 1:30 I 2 2:20 7 6 3 2:30 4 2 3 3:20 I 3:30 5 I 4 4:20 2 4:30 4 2 5 5:20 4 3 5:30 - a 33 o 13 Total Passengers, 46. 68 TOTAL NUMBER OF CASH PASSENGERS AND NUMBER OF MILES OPERATED ON SEDG- WICK AVENUE NIGHT CARS FROM MAY iST TO MAY 14TH, 1908. Number of cash passengers carried from May ist to 14th, inclusive 350 Number of "L" passengers carried from May 1st to 14th, inclusive 92 Number of transfer passengers carried from May ist to 14th, inclusive 278 Total number of passengers carried from May ist to 14th, inclusive 720 Amount of cash fares collected from May ist to 14th, inclusive $i7-50 Amount of cash for "L" tickets from May ist to 14th, inclusive 3.68 Total cash from May ist to 14th, inclusive $21.18 Number of miles operated from May ist to 14th, inclusive 616 Average Cents per car mile earned from May ist to 14th, inclusive 0343 Average Cost per car mile from May ist to 14th, inclusive 1450 Average Loss per car mile from May ist to 14th, inclusive , 1007 Total loss for operating i car from May ist to 14th, inclusive $61.42 TOTAL NUMBER OF PASSENGERS CARRIED ON SEDGWICK AVENUE NIGHT CAR FROM 1:00 A. M. TO 6:00 A. M. FROM MAY iST TO MAY 14TH, 1908, INCLUSIVE May 1st, 1908. Car Trip Time Transfers "L's" Cash 359 I I :oo A. M. 4 o o 1:30 I 03 2 2:00 201 2:30 o o 2 3 3:00 o 02 3-30 I o 4 4 4:00 3 01 4:30 o 02 5 5:00 4 o 2 5:30 I o 5 16 o 22 Total Passengers, 38. May 2d, 1908. Car Trip Time Transfers "L's" Cash 347 I I :oo A. M. 2 o 3 1:30 40 I 2 2:00 I o -2 2:30 2 o 3 3 3:00 o 02. 3:30 2 04 4 4:00 10 3 4:30 I 02 5 5:00 o 01 5:30 2 4 ^ , T, 15 o 25 Total Passengers, 40. May 3d, 1908. Car Trip Time Transfers "L's" Cash 56 I I :oo A. M. 4 6 3 1:30 2 3 4 2 2:00 4 2 3 2:30 5 4 I 3 3:00 3 5 3:30 4 2 4 4 4:00 2 4 3 4:30 I 6 S 5:00 8 4 5:30 2 4 Total Passengers, 93. 69 35 25 33 Car 293 Trip I May 4th, 1908. Time Transfers "L's" Cash 1 :oo A. M. 2 3 I 1:30 4 2 2:00 I 2 2:30 3 2 3:00 3 3:30 I 2 4:00 I 3 4:30 2 I 5:00 I 5 5:30 3 4 Total Passengers, 46. 18 Total Passengers, 49. Car 332 Trip I May 6th, 1908. Time Transfers I :oo A.M. 1:30 2:00 2:30 Powe: 3:00 3:30 4:00 4:30 5:00 5:30 "L's" Total Passengers, 32. Car 104 Trip I Total Passengers, 41. 14 23 May 5th, 1908. Car Trip Time Transfers "L's" Cash 152 I I :oo A. M. I 3 1:30 I 2 2:00 I 5 2:30 I I 3 3 3:00 2 6 7 3:30 2 2 4 4:00 I 2 4:30 I 3 5 5:00 5 5:30 2 33 Cash 5 3 6 18 32 May 7th, Time I :oo A. M. 1908. Transfers "L's" Cash 2 1:30 2:00 3 3 2 6 2:30 3:00 3 2 I 2 2 3:30 4 :oo . , . I 2 I 2 4:30 5:00 1 I 3 * 5:30 2 2 23 70 Car 123 Trip I May 8th, Time I :oo A. M. 1908. Transfers 2 "L's" Cash 1:30 3 2 2:00 I 2 2:30 2 3 3:00 2 3:30 I I 4 4:00 I 4:30 2 3 5 S:oo I I 5:30 2 3 Total Passengers, 27. 15 o 12 May 9th, 1908. Car Trip Time Transfers "L's" Cash 326 I I :oo A. M. I 2 1:30 2 I 2 2:00 2 I 2:30 I 3 3 3:00 2 3:30 I . 2 4 4:00 3 4:30 2 2 5 5:00 2 2 5:30 I 5 I Total Passengers, 38. 14 8 16 Car 317 Trip I May loth, Time I :oo A. M. 1908. Transfers 7 "L's" 7 Cash 2 2 1:30 2:00 8 2 4 I 4 3 2:30 3:00 5 12 4 3 7 4 3:30 4:00 I 2 I 2 3 I « 4:30 I 2 5 5:00 2 I 3 5:30 3 2 4 Total Passengers, 94. Car Trip 3" I 43 21 30 4 5 Total Passengers, 46. May nth. 1908. Time Transfers "L's" Cash I :oo A. M. I 2 1:30 2 2 2:00 4 3 2:30 I 2 3:00 2 I 3:30 4 2 4:00 2 2 4:30 2 I 5:00 I 3 2 5:30 2 5 19 7 20 71 May I2th, : [908. Car Trip Time Transfers "L's ;" Cash 123 I I :oo A. M. 4 2 1:30 3 4 2 2:00 2:30 4 5 3 ID 3 3:00 3:30 2 1 4 3 4 4:00 4:30 2 5 3 5 5:00 5:30 3 I 3 7 Total Passeneers, 69 25 44 May 13th, 1908. Car Trip Time Transfers "L's »J Cash 347 I I :oo A. M. 6 I 3 1:30 2 I 2 2:00 2:30 I 5 2 2 4 3 3:00 3:30 15 I I I 4 4 4:00 4:30 1 I I 3 I S 5:00 5:30 I I 2 I 3 4 Total Passengers, 68. 33 II 24 May 14, I 908. Car Trip Time Transfers "L's ,»» Cash 332 I I :oo A. M. 3 I I 1:30 5 2 2:00 2:30 3 I I I I 3 3:00 3:30 2 I I 2 4 4:00 4:30 2 I 2 S 5:00 5:30 3 2 2 4 Total Passengers, 39. 23 3 13 "L's" in Trans - Total Cash. Cash Pass. "L's ." Cash. fers. Pass. Miles. Trips. Friday May ist $1.10 22 .00 16 38 46 5 Saturday 2nd 1.25 25 .00 15 40 46 5 Sunday 3rd i.6s 33 25 1. 00 35 93 46 5 Monday " 4th 115 23 5 .20 18 46 46 5 Tuesday 5th 1.6s 33 8 •32 8 49 46 5 Wednesday " 6th 1.60 32 .00 32 19 2 Thursday " 7th 1.15 23 4 .16 14 41 46 5 Friday 8th .60 12 .00 15 27 46 S Saturday " 9th .80 16 8 •32 14 38 46 5 Sunday " loth 1.50 30 2r .84 43 94 46 5 Monday " nth 1. 00 20 7 .28 19 46 46 5 Tuesday " i2th 2.20 44 .00 25 69 46 5 Wednesday " 13th 1.20 24 II •44 33 68 46 5 Thursday " 14th .65 13 3 .12 23 39 46 5 Totals $17.50 350 92 $3.68 278 ; 720 616 6^ 72 Order No. 517. Travis H. Whitney, Esq., New York, May 29th, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Referring to your Complaint Order No. 517, and to the complaint of Mr. Flynn, on which the same is based, I beg to say that I am informed that Section 595 of the City Ordinances to which Mr. Flynn refers, has been substituted by Section 65 of the Ordinances for 1907, and that the same provides that the several railroad companies now running cars on the surface of any street in the Borough of Manhattan are hereby directed and required to cause their cars to be run and operated on their tracks as frequently as public convenience may require and not less than one car every twenty-four minutes between the hours of 12:00 o'clock, midnight, and 6:00 A. M. each and every day both ways, for the convenience of passengers. I am not aware of any similar ordinance regarding the operation of cars in the Borough of Bronx, nor am I aware of any Ordinance which is being violated by the Union Railway as stated in Mr. Flynn's letter of complaint. My judgment is that the all night service upon the Union Company's Lines is satisfactory, adequate and convenient, meets all reasonable requirements and that there is no demand, other than Mr. Flynn's, for its increase, nor complaint on the part of its patrons as to its efficiency. Most of thern know when the cars run and adjust themselves to the facts. In respect to Mr. Flynn's complaint, I further desire to submit a statement, herewith en- closed, which shows that for a period of fourteen nights, from May ist to May 14th inclusive, during the hours in question, the total number of passengers carried over the Union Railway's entire route, from Third Avenue and i6ist Street to Jerome, Sedgwick, Burnside and Tremont Avenues to 177th Street and Third Avenue was 720. The total cash fares received was $17.50. The receipts for the sale of "L" tickets were $3.68, or a total of $21.18 for fourteen nights service. From the same statement you will also find that the total miles operated were 616, and that the receipts were 33^2 cents and the cost of operation 143^ cents per car mile. As to the complaint that the Union Railway Company fails to operate cars upon its Morris Avenue line, between the hours of i :oo A. M. and 5 :oo A. M., I desire to state that Morris Ave- nue parallels Third, Melrose and Webster Avenues, that the Company is operating all night cars upon its Third Avenue Line upon a twenty-minute headway, making five cars per hour on Third Avenue between 128th and 163rd Streets. The Company also operates two cars per hour from 149th Street and Melrose Avenue to Kingsbridge, a total of seven cars operated upon lines east of and within a reasonable distance from Morris Avenue. We are of the opinion that the service during the hours in question is adequate and satisfactory to a large number of our patrons living on and adjacent to Morris Avenue. I hope you will agree, upon this statement, that the service now rendered is all that can reasonably be expected. Yours truly, Copy sent to Receiver. Frank J. Flynn. 73 At a meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 29th day of May, 1908. Present: William R. Willcox, Chairman Edward M. Bassett Milo R. Maltbie, an; / • I Commissioners. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvements in ^ and Additions to the Service of the THIRD AVENUE RAILROAD COM- /^ Final Order No. 536. PANY and of FREDERICK W. WHITRIDGE, as Receiver of said Company. "Kingsbridge Surface Line." Under Order for Hearing No. 435, dated April 24th, 1908. This matter coming on upon the report of the hearing had herein on the 6th day of May, the 12th day of May and the 19th day of May, 1908, and it appearing that the said hearing was held pursuant to hearing order number 435 of this Commission dated April 24, 1908, and returnable on May 6, 1908, at 3:00 P. M., and it appearing that said order was duly served upon said Third Avenue Railroad Com- pany and upon said F. W. Whitridge, as Receiver of said Company, and that said hearing was had by and before the Commission on the matters embraced in said order for hearing on the 6th, 12th and 19th days of May, 1908, before Mr. Commissioner Maltbie, presiding, Harry M. Chamberlain, Esq., Assistant Counsel, appearing for the Commission and no one appearing for said Third Avenue Railroad Company or for said Receiver, and proof having been taken upon said hearing and it being made to appear after the proceedings on said hearing that the service of said Third Avenue Railroad Company and of said F. W. Whitridg? as Receiver of said Company in respect to the transportation of persons upon its line known as the Kingsbridge Surface Line in the City and State of New York, are unreason- able, improper and inadequate in that said Third Avenue Railroad Company and said F. W. Whitridge as Receiver of said company, do not operate cars enough upon said line or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or offered for transportation to them, and it appearing that it would be just, reasonable and proper that the said service of the said Third Avenue Railroad Company and of F. W. Whitridge, as Receiver of said company, be increased, supplemented and changed in the particulars hereinafter set forth. Therefore, on motion of GEORGE S. COLEMAN, Counsel to the Commission, it is ORDERED as follows: (i) That said Third Avenue Railroad Company and said F. W. Whitridge, as Receiver of said company, be and they hereby are directed and required to route cars from 125th Street and East River to the northerly terminus of said line instead of from 125th Street and Eighth Avenue. (2) That said Third Avenue Railroad Company and said F. W. Whitridge, as Receiver of said company, be and they hereby are directed and required to operate daily including Sundays except be- tween the hours of 2 A. M. and 5 A. M. over every point of said Kingsbridge Line between i2Sth Street and East River and the northerly terminus of the line, a sufficient number of cars in each direction past any point of observation to provide during every fifteen (15) minute period of the day and night a number of seats at least ten per cent. (10%) in excess of the number of passengers at that point, the number of cars passing any point to be, however, never less than six (6) in each direction except between the hours of 2 A. M. and 5 A. M. (3) That said Third Avenue Railroad Company and said F. W. Whitridge as Receiver of said company be and they hereby are directed and required to institute said changes, improvements and ad- ditions by or before the tenth day of June, 1908. 74 This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (4) IT IS FURTHER ORDERED that said Third Avenue Railroad Company and said F. W. Whitridge as Receiver of said company notify the Public Service Commission for the First District within five (5) days after service of this order upon them whether the terms of this order are ac- cepted and will be obeyed. Order No. 536. New York, June 4th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have received from you certified copy of Final Order 536, reciting that the Commission has held three hearings in respect to the Kingsbridge Surface Line, under Order for Hearing 435, dated April 24th, 1908, and reciting further that "nobody appearing for the Third Avenue Rail- road Company or for its Receiver, and proof having been taken upon said hearing and it being made to appear that the service of the Third Avenue Railroad Company and of its Receiver, is unreasonable, improper and inadequate, in that they do not operate enough cars upon said line or with sufficient frequency or upon a reasonable time schedule reasonably to accommodate the passenger traffic transported by them or offered for transportation to them, and it appearing that it would be just, reasonable and proper that the service should be increased, supplemented and changed in the following particulars ; "IT IS THEREFORE, on motion of the Commission's Counsel, "ORDERED, that the Third Avenue Railroad and the Receiver be, and they hereby are directed and required to route cars from 125th Street and East River to the northerly terminus of said line instead of from 125th Street and Eighth Avenue." Second: "That said Third Avenue Railroad Company and its Receiver are required to operate daily, including Sundays, except between the hours of 2 A. M. and 5 A. M., over every point of said Kingsbridge Line between 125th Street and East River to the northerly terminus of said Line, a sufficient number of cars in each direction past any point of observation, to provide during every fifteen minute period of the day and night, a number of seats in excess of at least ten per cent, of the number of passengers at that point, the number of cars passing any point to be never less than six in each direction, except between the hours of 2 A. M. and 5 A. M." Third: "That we are directed and required to institute said changes, improvements and additions on or before June loth, and Fourth: "That I am required to notify you within five days after service of this Order whether the terms of this Order are accepted and will be obeyed." Upon this I have respectfully to make the following observations : First : The Order should recite that you were notified by me in a letter dated April 30th, 1908, that the cars were in fact running from 125th Street and East River to the northerly ter- 75 minus of said Line, at the time your Order for Hearing was made — it ought in candor also to recite that you were informed by Mr. Maher a month before that time that it was our intention to so run the cars — and it should also recite that, in that letter, I denied that the service was inadequate, unreasonable or improper. Second: As I am unable to comprehend why any tribunal whatever should order anything to be done which already had been done and which it knew had been done — and I have known the Courts to reprimand very junior practitioners for asking for a mandamus under such circum- stances — I think that possibly my letter dated April 30th may not have been received by you, or that, if it has been received, it was treated, as others have been, as no part of the record in the case to which it referred. I am, therefore, constrained to call your attention to the fact that I have received no reply to my letter of May 6th, requesting you to inform me whether my answers to your Orders were to be treated as such, or were to be disregarded, and to request you to be good enough to answer that letter of May 6th. Third : As to complying with Paragraph 2 of your Order, I am bound to say that I do not know what it imeans. The oldest railroad men inform me that no such method as you outline for computing the service of cars, has ever been applied in their experience. It would take a very much larger number of inspectors than I have, or can afford to have, to take the necessary obser- vations, and it appears to me that however many cars I had and however many inspectors I had, it would be entirely possible for you, at some one of the "many points of observation," to find that at some time there was a violation of your Order, and in addition thereto it would require a fore- knowledge of the weather and of the possible congregation of the inhabitants, to avoid such possi- ble and isolated violation. If you will translate that Order into a requisition for me to run a certain number of cars in addition to those which I now run, I will see what I can do about it. In the meantime, I reiterate that the service on this Line is entirely adequate and reasonable. I have received no complaints from anybody about it. My own observation shows that the cars run very empty, and I believe the service now complies with your Order. Fourth : If, however, you think more cars should be run on this Line, I call your attention to the fact that you are already fully advised by me that all the cars I have are in operation, excepting those which are in the shops, and that if you should require any additional cars to be run on the Kingsbridge Line, it would be necessary to remove the cars for that purpose from some of the other Lines under my control, all of which are covered by similar Orders to the one now before me. Probably the most practical way would be for you to send some intelligent member of your staff — this you will understand excludes two of your employees whom I have discussed with Mr. Willcox — up here to see what we are doing with the cars we have, and how their service can be changed to meet your views. Yours respectfully. Receiver. 1^ New York, June loth, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railway Company, 65th Street and Third Avenue, New York City. Dear Sir: Your letter of June 4th has been referred to me, and in reply I beg to say that the order issued by the Commission never attempts to recite all of the facts but merely the more important ones. Usually a report is submitted by the Commissioner presiding for the consideration and approval of the Com- mission which states much more fully the facts as brought out by the hearings. In the report accom- panying the order I stated that you were, at the time the hearing closed, operating the Kingsbridge cars from 125th Street and East River. I might have added that I originally suggested this plan to Mr. Maher and that he stated he had been considering it and thought it would be wise. When our first ob- servations were made the cars were stopping at 125th Street and Eighth Avenue. If this had been the only question raised in the hearings, I would have agreed with you that it was unnecessary to issue an order, but as there were other matters to be dealt with anyway and as the report stated that you had already decided to run the cars across town, I thought there could by no means be any possible harm in including it in the order. If I remember correctly, your letter was made a part of the record in the case, although, of course, it did not appear in the order. As to paragraph 2 of the order, relative to the relation of seats to pas- sengers, I shall be glad to have one of our engineers call upon you or upon Mr. Maher and explain it. I wish to say, however, that it was suggested by a railroad manager who has been operating roads for many years and although not in the precise form in which he originally suggested it, it is his suggestion in essence. My report also stated that the principal criticism of the service on the Kingsbridge line was as to its irregularity and the failure to provide suflficient cars upon Saturday afternoons and Sundays. Dur- ing the week there were, apparently, not many instances when the service was inadequate. It has seemed to the Commission that it was the duty of the manager of a railroad to anticipate traffic, and if you will examine Section 37 of the Public Service Commission Law, you will see that this is apparently the intent of the statute. Of course an order could be issued requiring that a certain specified number of cars shall be run during certain hours, but the difficulty with such an order is that it is not suffi- ciently elastic and flexible to meet the conditions as they actually exist. Such an order might require too many cars at certain times and too few at others. If you did not have cars enough to comply with the order, this fact should have been brought out at the hearings, and if you so desire and will request a rehearing upon this order, I am sure the Com- mission will grant the request and the facts you mention can be considered at that time. In conclusion, I beg to state that the case was taken up on the complaint of several residents in the Dyckman district and some of them appeared at the hearings. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. New York, June nth, 1908. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the loth instant for which I am very much obliged to you. In respect to the form of the Order, if you are content to have your Commission make an Order direct- ing a thing to be done which already has been done, and which you know, by proper notice, to have been done, I have no objections. It puts me in the false light of refusing to do things until I am ordered, which is unjust, and, if the fact should ever come out, I think it would put n the Commission in a light — frankly speaking — of not understanding how any sort of legal busi- ness ought to be done, but, of course, the matter, as far as I am concerned, is a small one. It does not seem to me that there is very much difference between us as to the difficulties of complying with the form of Order which you have chosen to adopt. It is, to my mind, ob- viously an Order which it is entirely possible for anybody to find any number of violations of, no matter what service might be rendered, and if I may say so, you seem to me to give the case away when you say, "Of course an Order could be issued requiring that a specified number of cars shall be run during certain hours, but the difficulty with such an order is, that it may not be sufficiently elastic and flexible to meet the conditions as they actually exist ; such an Order might require too many cars at certain times and too few at others." The difficulty which you suggest as to making this Order yourselves, applies equally to me, and with much greater force to the ten per cent, excess Order you have adopted. If you cannot justly translate your own order, how can I be expected to do so? I am more than anxious to give every facility to the people who use the Third Avenue Lines, and to put on all the cars which any reasonable person can think ought to be used. I do not stick on car mileage or anything of that sort ; I want the people to be accommodated, but the difficulty of any kind of Order is just what you state yourself. I quite agree with you that it is the business of railroad managers to anticipate traffic, but it would require the prescience of an Archangel — which none of us have — to frame any kind of an Order to meet the situation on surface lines" in this city. What we must have, and what in fact we have got, is a proper officer sitting here hour by hour to meet the situations as they arise. No general Order will, in my judgment, do it. What I object to about your Orders — so far as I have any objec- tions at all — is that you have rained them down upon me when you knew the difficulties which I had to meet, and, I think, also knew the endeavors I was making to meet them. I see no object in requesting a rehearing from you in this particular matter. Your Com- mission knows perfectly well how many cars I have got and what I am doing with them, and it also knows that it has made orders in respect to all of the Lines under my control, which the cars I have are inadequate to fulfill. It further knows that I have ordered new cars and that they are being put in service as fast as they arrive. Already we have done a good deal to the Bridge, the effect of which I think ought to be very good. Before I had either authority or money, I took it upon myself to order fifty new open cars for delivery on July ist, and it is my intention to put a few of those on the Kingsbridge Line, not because they are now needed there, but because I think that an attractive car on a long line like that, of more or less a rural character, will create paying traffic. It is a pity that the complainants in the Dyckman District should never have breathed a word to me of what they wanted, and that you did not send me their complaints, before you acted on them. Yours truly, Receiver. 78 New York, June 26th, 1908. Mr. F. W. Whitridge, Receiver, Third Avenue Railroad Co., 65th Street and Third Avenue, ' New York City. Dear Mr. Whitridge: Your letter of June nth came to hand duly, but I have been indisposed for some two weeks and have not been able to keep up with all of my work. If I may cover somewhat the same ground covered in my former letter, I wish to say that the manager of a line, such as the Kingsbridge line, is in a different position from the Commission. He is in touch with the situation every hour in the day, from the daily reports made to him he knows travel fluctuates and is able, if he is a competent man, to forecast with a great degree of certainty what the travel will be, unless a storm or some other wholly unforeseen occurrence interferes with the traffic. He, therefore, is able, with considerable accuracy, to tell from hour to hour, how many cars should be operated in order to accommodate the traffic. If the Commission should fix a definite number of cars applicable to ordinary conditions, this num- ber is very likely to be too low at certain times and too high at others. The standard provided in re- cent orders is a flexible one, and our observations show that when a line manager is alert and has proper reports made to him, he is able to operate under the order and give good service without any violations to speak of, and Section y] of the Law provides a method of dealing with just such cases. Of course if the line manager attempts to cut closely to the 10% provision, he may easily violate the order, but if he takes due precaution and does not try to keep just within the provisions of the order, he is not likely to have many, if any, violations upon his line. I presume you know that we originally started with a form of order which prescribed the number of cars to be run, leaving little discretion to the company, and the change was made at the sugges- tion of the companies themselves. Very sincerely, MILO R. MALTBIE, Commissioner. MRM/EMH New York, June 27th, 1908. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, City. My dear Mr. Maltbie : I have yours of the 26th and I am very sorry indeed to hear that you have been indisposed, although I confess I had been venturing to flatter myself that your unprecedented period of silence was caused by your finding my last letter — like the previous one in which I called your attention to the fact that your inspector was so fired by zeal and so confident of the necessary efficacy of the Orders of the Public Service Commission, that he had inspected a number of things in the 42nd Street, cars which did not exist — difficult to answer. If I should now undertake a detailed reply to the letter you are good enough to send me. we should begin to travel in a circle. I have said all that I have to say about the order referred to. except perhaps this : I am here temporarily engaged in cleaning up a mess. If I were intend- ing to remain in the traction business. I should be happy to take up all of these things with you. and perhaps I should be able to bring you all to a better mind, but, as it is, I can only say that I think you are wrong in the form of your orders, wrong in the occasion of your orders. 7Q and wrong in undertaking to deal with most of the situations with which you do deal, by orders at all. In consequence, your Commission has made nearly eight times as many orders as the up-State Commission and far more than the Interstate Commerce Commission. You have not helped me, you have prevented me from helping you, and you have not really accom- plished anything in matters under my control, which is a pity, for it prevents your Commission from enjoying the position which it ought to command. Nevertheless you will find that I have complied with all of your orders, except when it was impossible, and in respect to the Kings- bridge Road, for instance, I recommend that you take a ride there tomorrow morning, and unless "all men are liars," you will find at least ten attractive open cars at work, which were delivered to me yesterday. Yours truly. Receiver. Order No. 536. New York, June 29th, 1908. Mr. F. W. Whitridge, Receiver, Third Avenue Railroad Company, 65th Street and Third Avenue, " New York City. Dear Sir: In the temporary absence of Commissioner Maltbie, I beg to acknowledge receipt of your es- teemed favor of the 27th inst., which will be referred to him on his return. Respectfully yours, FNS/EMH FAY N. SEATON, Secretary to Commissioner Maltbie. New York, June 6th, 1908. Frederick W. Whitridge, E^q., Receiver, The Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir: In acknowledging receipt of your communication of June 4th relating particularly to Final Order No. 536, you on page 3 of your letter state that you have received no reply to your letter of May 6th. Without taking up at this time the other matters discussed in your letter, I wish to call your attention to the fact that on May 25th I sent you a letter in reply to yours of May 6th, in which I stated : "The Commission gives hearings for the purpose of securing the testimony of witnesses who may ap- pear or be subpoenaed, placing them under oath and allowing cross-examination. Reports made by Inspectors of the Commission are almost without exception introduced at the hearing and a copy furnished to the com- pany interested in order that it may be fully advised as to the matters laid before the Commission and the sitting Commissioner. "In the case of orders directed to the Third Avenue Railroad Company, I beg tQ state that your com- munications have in each case gone to the sitting Commissioner and been considered by him in the mak- ing of any orders following the hearings. They are not necessarily introduced in evidence at the hearings, but are made a part of the record of the particular proceeding." Very truly yours, TRAVIS H. WHITNEY, Secretary. THW/RW 80 Travis H. Whitney, Esq., New York, June 8th, 1908. Secretary PubHc Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 6th this morning, for which I am much obliged to you. In this you observe that on the 25th of May you sent me a letter, from which you quote. Will you be good enough to have a copy of that letter made from your letter books, as I did not receive it? Yours truly, Receiver. Frederick W. Whitridge, Esq., Receiver, New York, June 9th, 1908. The Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir : In reply to your communication of June 8th, in which you ask : "Will you be good enough to have a copy of your letter made from your letter books, as I did not receive it," referring thereby to a letter which I stated in my letter of June 6th had been sent to you on the 25th of May. I beg to thank you for calling my attention to the exact situation, which I have found to be on investigation as follows : On May 25th I dictated a letter to you which, when it came to me for signature, I returned with a slight correction to be re- written. It appears that the clerk having charge of the mail ran the corrected letter through the copying machine and mailed it, presumably unsigned, and it may be that your office re- ceived it in that condition. At any rate, I enclose herewith my letter as it should have gone to you on May 25th. I beg to apologize for not having gotten my letter in answer to your letter of May 6th to you until the present time. Very truly yours, TRAVIS H. WHITNEY, THW/RW Secretary. Enc. Frederick W. Whitridge, Esq., Receiver, New York, May 25th, 1908. Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir : In reply to your communication of May 6th asking that a letter of yours of April 30th be made a part of the record and requesting statement as to the practice of the Commission with regard to such communi- cations, I beg to state that the Commission gives hearings for the purpose of securing the testimony of wit- nesses who may appear or be subpoenaed, placing them under oath and allowing cross-examination. Reports made by Inspectors of the Commission are almost without exception introduced at the hearing and a copy furnished to the company interested in order that it may be fully advised as to the matters laid before the Commission and the »sitting Commissioner. In the case of orders directed to the Third Avenue Railroad Company, I beg to state that your com- munications have in each case gone to the sitting Commissioner and been considered by him in the making of any orders following the hearings. They are not necessarily introduced in evidence at the hearings, but are made a part of the record of the particular proceeding. Very truly yours, TRAVIS H. WHITNEY. THVZ/RW Secretary. 81 Travis H. Whitney, Esq., New York, June loth, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 9th enclosing copy of yours of the 25th, which was intended to have been sent to me. I am very much obliged to you for the trouble you have taken in the matter, which makes the record complete. I notice in your letter of the 25th you say that "reports by inspectors of the Commission are, almost without exception, introduced at the hearing, and copy furnished to the Company interested." I never have received copies of any such reports, except the one I asked for the other day in connection with the 42nd Street Road, on which I commented in my last letter to you. Yours very truly, Receiver. Order No. 584. Frederick W. Whitridge, Esq., New York, June 18, 1908. Receiver Union Ry. Co., Third Ave. and 65th Street, N. Y. C. Sir: I enclose herewith a certified copy of Order No. 584, adopted by this Commission on June 16, 1908. In connection with your acknowledgment of receipt hereof, I beg to call your attention to Section 23 of the Public Service Commissions Law requiring that the Commission shall be notified forthwith of the re- ceipt of an order and that the certificate must be signed and acknowledged before a notary by a person or officer duly authorized by the corporation to admit such service. Very truly yours, TRAVIS H. WHITNEY, Secretary. THW/EH STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of The hearing on the motion of the Commission on the question whether New York City Railway Company and Metropolitan Street Railway Company, or Adrian H. Joline and Douglas Robinson, their Receivers; Third Avenue Rail- I Final Order road Company, Dry Dock, East Broadway and Battery Railroad Company f No. 584. and the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, or Frederick W. Whitridge, their Receiver; The Union Railway Company, or Frederick W. Whitridge, its Receiver, should not be required to give the Commission a reasonable notice in writing of any proposed pur- chase of cars, brakes, fenders or other equipment. An order known as Order No. 465 having been duly made on the 8th day of May, 1908, that a hearing be had to inquire whether, in order to enable the Commission properly to perform its duty of having gen- 82 eral supervision of all street railroads in the City of New York and of keeping informed as to their general condition and the manner in which they are operated, they should not be required to give reasonable notice in writing to the Commission of any proposed purchase by them of any cars, brakes, fenders or other equip- ment and submit the plans and specifications pertaining to such purchase, and the said order having been duly served on New York City Railway Company and Metropolitan Street Railway Company, and Adrian H. Joline and Douglas Robinson, their Receivers ; Third Avenue Railroad Company, Dry Dock, East Broad- way and Battery Railroad Company and the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, and Frederick W. Whitridge, their Receiver; the Union Railway Company, and Fred- erick W. Whitridge, its Receiver; New York City Interborough Railway Company, Southern Boulevard Railroad Company, Yonkers Railroad Company, and Leslie Sutherland, its Receiver; Westchester Electric Railroad Company, and J. Addison Young, its Receiver; Interborough Rapid Transit Company, City Island Railroad Company, Pelham Park Railroad Company, New York and Queens County Railway Company, Long Island Electric Railway Company, New York and Long Island Traction Company, Ocean Electric Railway Company, Coney Island and Brooklyn Railroad Company, Van Brunt Street and Erie Basin Railroad Com- pany, Brooklyn Rapid Transit Company, Brooklyn Heights Railroad Company, Brooklyn Union Elevated Railroad Company, Nassau Electric Railroad Company, Brooklyn, Queens County and Suburban Railroad Company, Coney Island and Gravesend Railway Company, Sea Beach Railway Company, South Brooklyn Railway Company, Bush Terminal Railroad Company, Richmond Light and Railroad Company, Staten Island Midland Railway Company, Bridge Operating Company, Marine Railway Company and Southfield Beach Railway Company, and said hearing having been duly held on the 22d day of May, 1908, and the 2d day of June, 1908, before Hon. Milo R Maltbie, Commissioner, Mr. Alfred A. Gardner appearing for the Interborough Rapid Transit Company and the New York and Queens County Railway Company, Mr. Adrian H. Larkin appearing for the Staten Island Midland Railway Company and the Richmond Light and Railroad Company, Mr. Arthur A. Dutton representing the Brooklyn Rapid Transit Company, Mr. C L. Addison representing the Ocean Electric Railway Company, and Mr. Henry H. Whitman, • Assistant Counsel to the Commission, attending, and the Commission being of the opinion, after said hearing, that the statements and drawings hereinafter directed to be furnished ought reasonably to be furnished in order to enable the Com- mission properly to perform its duty and to carry out the purposes of the Public Service Commissions Law, it is ORDERED, that each of said street railroad companies, or its receiver or receivers, if any, be and they hereby are directed before or within five days after the day on which any contract for the purchase of any new car equipment (meaning thereby new car bodies, new trucks, new electrical car equipment, new brakes, new fenders, new wheel guards, new headlights, and new gates), is entered into by it, or by its receiver or receivers, if any, to furnish to the Electrical Engineer of the Commission a memorandum, including gen- eral drawings showing the character and type of said new car equipment so contracted for or about to be contracted for. This order shall not be construed as covering purchases of materials required for making ordinary repairs to car equipment, as above defined, nor as requiring information as to prices to be paid for said new car equipment, nor the names of the manufacturers or dealers with whom such contracts are made or about to be made, nor as requiring detailed working drawings; but this order shall be construed as requiring such memoranda including general drawings as are necessary to enable the Commission to de- termine whether said new car equipment, so contracted for, or about to be contracted for, will be. in its opinion, safe, proper and adequate for the transportation of persons or property; and it is further ORDERED, that this order shall take effect on June 30th, 1908, and shall continue in force for a period of two years; and it is further ORDERED, that each of said street railroad corporations, or its receiver or receivers, if any, notify the Commission in writing within five days after the service of this order whether its terms are accepted and will be obeyed. Travis H. Whitney, Esq., New York, June 19th, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have several copies of your letter of the i8th instant enclosing the 584th Order of the Public Service Commission, and in reply thereto, I respectfully refer you to my letter of May 83 I2th, before the Order was issued, in which I state: "I beg you to accept my assurance that, so far as the properties under my charge are concerned, it is not at all necessary to make any such order ; still less is it necessary to have a Hearing of 27 different corporations or persons to find out whether it is desirable, because any information in my possession which will assist you to keep informed as to the things you are supposed to regelate, is entirely at your service and you have only to ask for it to have it furnished." I shall be happy to treat this promise as a compliance with the Order which the Commis- sion has seen fit to burden themselves by making. Yours very truly. Receiver. Frederick W. Whitridge, Esq., New York, June 20th, 1908. Receiver The Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Sir: The particulars concerning the following accidents are called to your attention because on the face of the records they show a disregard or failure on the part of the Third Avenue Railroad Company and the 42nd Street, M. & S. Railway Company to comply with the terms of Order No. i of the Public Service Commission for the First District. At 5:50 P. M., June 12th, a telephone report was received to the effect that at 12:40 P. M. of the same day at 8oth Street and Broadway on the line of the 42nd Street, M. & S. Railway Company, Charles Brohn, of 246 East io6th Street, was injured in attempting to board car No. 180 of that line. The report showed that S hours and 10 minutes had elapsed from the time of the accident to the time this office was notified. On June 12th, at 5 :S0 P. M., a telephone report was received to the effect that at 3 :oo P. M. of the same day, at a point between 22nd and 23rd Streets on Third Avenue, a man named John Sullivan was struck by moving car No. 92. The delay in this case being 2 hours and 50 minutes. On June 15th, at 4:08 P. M., a report was received by telephone that at 12:26 A. M. of the same day an unknown man standing on the running board of car No. 121, southbound, of the Third Avenue line, be- tween 51st and 52nd Streets, was struck by "L" pillar and killed. The time elapsed in this case between the happening of the accident and notification to this office was 15 hours and 42 minutes. On June 17th, at 6:20 P. M., a report was received of an accident which occurred at 1:56 P. M. at 125th Street and Seventh Avenue, in which car No. 104 collided with car No. 2740. The time elapsed be- tween the happening of the collision and notification to this office was 4 hours and 24 minutes. On June 19th, at 1:20 P. M., a telephone report was received to the effect that at 11:50 P. M. of June i8th an unknown man about 25 years old was struck by car No. 90 on Third Avenue between 121st and 122nd Streets. This proves to be a death case. The report to this office as defined by Order No. i, was 5 hours and 20 minutes, being the time from 8 A. M., when the office opens for business, to i :20 P. M. This office has hot been advised of any reasons to prevent compliance with the order regarding the reporting of accidents by the Third Avenue Railroad Company and the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company, and has no reason for believing that the provisions of that order are misunderstood. Very truly yours, TRAVIS H. WHITNEY, GFD/RW ' • Secretary. Frederick W. Whitridge, Esq., June 23rd, 1908. Receiver, Third Avenue Railroad Company. Dear Sir: We beg to report in reference to the communication received from the Public Service Commission on June 20, 1908, complaining of delays in reporting accidents on the part of the Third Avenue Railroad Co., and the 42nd St., Manhattanville and St. Nicholas Avenue Railway Co., as follows : 84 From reading the communication it appears that complaint is made only in five cases, covering a period of over two weeks. During this time at least lOO accidents have been reported to the Public Service Com- mission. Ofttimes the Claim Department is not notified by the Inspectors of the various divisions until some considerable length of time after an accident happens, and this in a measure causes some delay in re- porting to the Public Service Commission. However, in the more serious cases the Claim Department has delayed sending a report to the Public Service Commission until our Adjuster and Inspector is given the case, and has had an opportunity to see the claimant and the blotter witnesses. This has been done to pro- tect the interests of the various Companies of which you are Receiver. As heretofore on several occasions when we notified the Public Service Commission immediately upon the happening of the accident some representative from the Public Service Commission has gone to see the claimant and the blotter witnesses, inquiring about the accident and when our Adjuster or Inspector called later to see them, the claimants or witnesses could not understand why they were being seen a second time, and in this way it impeded us in getting adverse statements of claims, or getting signed statements of blot- ter witnesses. However, in the future if it is your desire we will report the accident to the Public Service Commis- sion immediately upon receiving notice of an accident at the Claim Department. Respectfully, Assistant Attorney. New York, June 22nd, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of Saturday calling my attention to certain apparent violations of Order No. I, which I am having looked into at once and will write you about further. Possibly it would save some inconvenience if you would be good enough to send me copies of whatever Orders the Commission may have made which aflfect the Third Avenue Railroad or any other lines under my jurisdiction, prior to the 12th of January, when I took charge. I ask this because I never heard of Order No. i until this morning ,and among the records turned over to me by the New York City Receivers, there were no communications from your office at all. If you will send me these copies I shall be very much obliged to you. Yours truly. Receiver. Order No. i. New York, June 30th, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City, Dear Sir: Referring further to your letter of the 20th instant in respect to apparent violations of Order No. i, I have to say that it appears therefrom that only five cases occurred in a period of two weeks, of which complaint was made. During that time over one hundred cases were 85 reported by us to the Public Service Commission. It frequently happens that the Claim De- partment is not notified by the inspectors of the several divisions until some time after the acci- dent occurs in consequence of the confusion or failure to identify the injured, and some further delay in reporting to the Public Service Commission is thus caused. I have, however, given instructions to have greater attention given to this matter, and I can only apologize for the apparent derelictions of my employees on the ground of the great increase in the number of accidents with which they have to deal, partly in consequence of the use of open cars with which a larger percentage of accidents seems to be inevitable. Yours truly. Receiver. New York, June 23, 1908. Frederick W. Whitridge, Esq., Receiver 42nd St., M. & S. N. Ave. R. R. Co., 65th St. and Third Ave., New York City. Dear Sir: I transmit herewith a certified copy of Order No. 589 adopted by the Commission at its meeting today. Yours very truly, TRAVIS H. WHITNEY, Secretary, EMR/DMQ Enc. 0-589 Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on Motion of the Commission on the question of improvements in \ O''^^'' N°- 589- and additions to the service of the FORTY-SECOND STREET, MANHAT- TANVILLE AND ST. NICHOLAS AVENUE RAILROAD COMPANY. "Service South of 117th Street." Discontinuance. This matter coming on upon the report of the hearing had herein on the 23rd day of December, 1907, and, by adjournment, on the 28th day of December and the 30th day of December, 1907, and it appearing that the said hearing was held pursuant to an order of this Commission, No. 149, adopted December 11, 1907, on motion of the Commission, and that service of the said order was duly made upon the Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Company, and that said hearing was held by and before the Commission on the matters contained in the Hearing Order above mentioned on the 23rd day of December, 28th day of December, and 30th day of December, 1907, before Mr. Commissioner Maltbie presiding, Arthur DuBois, Assistant Counsel, appearing for the Commission, Daniel W, Patterson for the Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Company, and testimony having been taken at said hearing, and it having been made to appear after proceedings upon said hearing that the routes 86 of operation of cars by the said Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Cornpany south of 117th Street have been changed since the institution of the proceedings herein, NOW, on motion made and duly seconded, it is RESOLVED : that proceedings herein be, and the same hereby are, discontinued. It is further RESOLVED: that this order shall be without prejudice to an order for further or additional hearings and action thereon by this Commission in respect to any of the matters contained in the Hearing Order, No. 149, herein or the proceedings thereon. New York, June 24, 1908. Order No. 589. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have received copy of the 589th Order of your Commission discontinuing certain pro- ceedings taken under the 149th Order. I have not seen the latter and I know nothing whatever about the matter referred to in the Order. Yours truly, Receiver. Frederick W. Whitridge, Esq., New York, June 25, 1908. Receiver Third Ave. R. R. Co., 65th St. and Third Avenue, N. Y. City. Dear Sir : ,, I beg to enclose herewith a copy of Order No. 149, proceedings on which were discontinued by Order of the Commission No. 589. a copy of which has already been transmitted to you. This will, I hope, supply the information the absence of which you call attention to in your com- munication of the 24th inst. Yours very truly, TRAVIS H. WHITNEY, EMR/DMQ Secretary. Enc. O-149, 589 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the question of improvements" in and additions to the service and equipment of the FORTY-SECONDJ STREET, MANHATTANVILLE AND ST. NICHOLAS AVENUE RAIL- WAY COMPANY, in the particulars hereinbelow mentioned. Order for Hearing By Commissioner Maltbie. Order No. 149. IT IS HEREBY ORDERED: That a hearing be had on the 23d day of December, 1907, at 3:00 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Com- mission at Number 154 Nassau Street, Borough of Manhattan, City of New York, State of New York, to 87 inquire whether the regulations, equipment, appliances and service of the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company in respect to transportation of persons in the First District are un- just, unreasonable, improper or inadequate, and whether said company does not run trains enough or cars enough, or with sufficient frequency, or possess or operate motive power enough, reasonably to accommo- date passenger traffic transported by it or offered for transportation to it, and if such be found to be the fact then to determine whether it is reasonably necessary to accommodate and transport the said traffic transported or offered for transportation, and is and will be just, reasonable, proper and adequate to di- rect that the service of said 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company be increased and supplemented at the points and times and in the particulars following, that is to say: FIRST: By running cars south from 117th Street, daily except on Sundays, as follows: (i) Between 7:00 A. M. and 12 noon, one hundred and seventy-five (175) cars. (2) Between 12 noon and 5 :oo P. M., two hundred and forty (240) cars. (3) Between 5 :oo P. M. and midnight, two hundred and twenty (220) cars. SECOND: By running cars south from 117th Street on Sundays as follows: (i) Between 9:00 A. M. and 1:30 P. M., one hundred and forty-five (145) cars. (2) Between 1:30 P. M. and 8:30 P. M., two hundred and eighty-five (285) cars. (3) Between 8:30 and midnight, eighty-five (85) cars. THIRD: All of the above cars should be run at least as far south as Houston Street, on both week days and Sundays. FOURTH: Twenty-five (25) per cent, of the number of cars should be run as far south as Murray Street. FIFTH : The cars of this line should not be run dark except when out of order. SIXTH: On week days between 8:00 A. M. and 9:00 A. M. no cars should be switched back at 117th Street and Broadway. And if any such changes, improvements or additions be found to be such as ought to be made as aforesaid, then to determine what period will be a reasonable time within which the same should be di- rected to be executed. All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable. FURTHER ORDERED: That the said 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company be given at least 10 days' notice of such hearing by service upon it, either personally or by mail, of a certified copy of this order, and that at such hearing said company be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid. Dated, New York, December 11, 1907. Commissioner. BY THE COMMISSION: ORDERED, this nth day of December, 1907, that the foregoing order be and the same hereby is approved and confirmed by the Public Service Commission for the First District, and ordered filed in its office. Travis H. Whitney, Esq., New York, June 26th, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 25th sending me copy of Order No. 149 for which I am much obliged to you. I do not find that you have yet replied to my letter of the 22nd, asking you for copies of all the orders which the Commission had made affecting the Third Avenue or any of the roads under my jurisdiction, prior to the date of my appointment, January 12th, and particularly for Order No. i, to which you refer in your letter to me of the 20th instant. Yours trulv. Receiver. 88 New York, June 26, 1908. D. C. Morehead, Esq., Asst. Secy. Forty-second St., Manhattanville & St. Nich. Ave. Ry. Co., 177 Manhattan St., New York City. Dear Sir: I transmit herewith a certified copy of Order No. 603 adopted by the Commission at its meeting today. In connection with your acknowledgment of receipt hereof I beg to call your attention to Section 23 of the Public Service Commissions Law. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, Enc. R. 0-605 Secretary. Respectfully referred to Mr. F. W. Whitridge, Receiver. D. C. MOREHEAD. July 2nd, 1908. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter | of . / Information to be furnished by every STREET RAILROAD CORPORA- \ Order No. 603. TION under the jurisdiction of the Public Service Commission for the First | District as to number of cash fares and number of transfers collected, etc., for the twelve months ending June 30, 1908. It is hereby ORDERED: that every Street Railroad Corporation under the jurisdiction of this Commission shall, on or before July 15th, 1908, file a return with the Commission showing for the twelve months ended June 30, 1908, as to each route, (i) the number of cash passenger fares and (2) number of trans- fers collected in that period; (3) the number of passengers transported in chartered cars and (4) the number of employees and other persons carried free; also (s) the total number of miles run by regular passenger cars and (6) by special or chartered cars. F. W. Whitridge, Esq., New York, July 17, 1908. Receiver of Third Avenue Railroad Company, 6sth Street and Third Avenue, New York City. Dear Sir: I beg to direct your attention to Order No. 663, requiring the filing with this Commission on or be- fore July 15 of a return as to passenger traffic in the year ended June 30, 1908, and to request your compliance with the Order without further delay. This notice covers all affiliated or subsidiary com- panies. Very truly yours, TRAVIS H. WHITNEY, Secretary. AFW/ARB 89 New York, July 20, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 17th. I fully thought that I had sent you all the statistics we have in answer to Order No. 603, concerning which I asked for an adjournment for the Union Railway. I find I must have been mistaken. I cannot comply with the order in full, because we. have not the figures here. We shall send you everything we have this week. Yours truly, Receiver. Order 603. New York, July 22, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Enclosed herewith please find statements called for by Order 603, and referred to in my letter to you of July 20th. I am not able to give you any figures prior to the date of rny Re- ceivership, and no record of transfers has ever been kept here except a special record I made for the month of February, the results of which are contained in my petition to the Court in respect to the abolition of transfers. I am sorry that the information thus conveyed to you is defective, but I give you all the information I have. Yours truly, Receiver. Enclosures : New York, August 10, 1908. F. W. Whitridge, Esq., Receiver Forty-second St., Manhattanville and St. Nicholas Avenue Railway Company, 6sth St. and Third Ave., N. Y. City. Dear Sir: Your attention is directed to the fact that you have not complied with the Commission's Order No. 603 (requiring the filing of a return of passenger traffic and mileage for the year ended June 30, 1908), with respect to the period July i, 1907, to February 2, 1908. As the time for making this return ex- pired July 15, it is essential that the information be filed without further delay. Very truly yours, TRAVIS H. WHITNEY, Secretary. AFW/ARB 90 Order No. 603. New York, August 12, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: In reply to your favor of August loth in the matter of Order No. 603, our auditor tells me that he will have some difficulty in preparing the information requested, but I have told him to make out as accurate a statement as possible and as soon as possible. There may be some delay, however, in getting this information together. Yours truly, RWK/F Assistant to Receiver. New York, June 27, 1908. Frederick W. Whitridge, Esq., Receiver Third Ave. Railroad Company, 65th Street and Third Ave., N. Y. City. Dear Sir: I transmit herewith a certified copy of Order No. 611 adopted by the Commission at its hearing on June 26th. In connection with your acknowledgment of receipt hereof I beg to call your attention to Sec- tion 23 of the Public Service Commission Law. Yours very truly, TRAVIS H. WHITNEY, EMR/DMQ R. Enc. Secretary. 0-61 1 Order No. 611. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of Information to be furnished by the Receivers of the NEW YORK CITY RAILWAY COMPANY and the THIRD AVENUE RAILROAD COM- / Order No. 611. PANY with respect to the Number and Type of Cars Owned or Operated by| said Companies as of July i, 1907, together with the Number of Cars under Order at that time or delivered since that time, etc. RESOLVED, that the Receivers of the New York City Railway Company and the Third Avenue Railroad Company be requested to furnish the Commission, on or before the 9th day of July, 1908, with 91 a list showing the number and type of cars owned or operated by the companies-, which they now repre- sent, as of July I, 1907, and the number of cars destroyed or discarded from July i, 1907, to the present date; also showing what cars were under order July i, 1907, or delivered since that time, and what orders for cars remain unfilled at the present time. New York, June 29th, 1908. Travis H. Whitney, Esq., •Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have the 6iith Order of the Commission this morning, for which I am much obHged to you, and in reply thereto I have to say, as Receiver of the Third Avenue Railroad Company I received on the 12th of January 544 cars, of which 182 were open cars, 215 double truck cars and the remainder single truck closed cars. As Receiver of the 42nd Street, Manhattan ville and St. Nicholas Avenue Railway, I received 8 single truck horse cars. As Receiver of the Dry Dock, East Broadway and Battery Railroad, I received 34 closed and open horse cars. The electric cars of each of these roads are owned by the Third Avenue Road. As Receiver of the Union Railway, I received 407 cars, of which 153 are open, 107 double truck cars, and the remainder single truck closed cars. So far as I know, no cars were under order on the ist of July, 1907. Since I took posses- sion, I have received 40 new double truck closed cars and 10 new open cars, and there are under order at the present time and not delivered, 35 double truck closed cars and 40 open cars. It is my intention at a later date to order an additional number of new cars, and at that time to destroy or scrap a considerable number of small cars in use on the Union Railway, but up to the present time, I have not felt at liberty to discard anything which we have. Yours truly. Receiver. Order No. 618. New York, June 30, 1908. Frederick W. Whitridge, Receiver, 42nd St. Man. & St. Nich. Ave. R. R. Co., 177 Manhattan Street, New York. Sir: The Public Service Commission for the First District at its session on June 29th, adopted as Order No. 618, thfe following resolution: "RESOLVED : That each street railroad in the Boroughs of Manhattan and the Bronx be required to furnish on or before July isth, 1908, an inventory of all property owned by it as of June 30th, 1908." This inventory is required by the Commission in connection with the valuation of the property, tangible and intangible, of the various street railroads in the two boroughs, determined upon at a recent meeting of the Commission. In case your company has already filed with this Commission lists of cars or other equipment or prop- erty, you may, in order to avoid unnecessary work, refer to such lists as already on file, giving a sufficient 92 description to identify them completely and to incorporate them in your inventory. It is, of course, under- stood that such lists, if already on file and referred to, must be accurate as of June 30th, 1908. Very truly yours, TRAVIS H. WHITNEY, THW/EH. R. Secretary. New York, July 2, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City, My dear Sir: I have received from you several notices addressed to me as Receiver of the Dry Dock, and Third Avenue Roads, giving me the resolution of the Board adopted as Order No. 618, and it occurs to me that, as these notices were sent to 621 Broadway and not to me directly, it is possible that they were sent by mistake. I understand that the answer of the New York Re- ceivers to one of the Orders of the Commission requires, in the judgment of the Commission, the valuation of the properties leased and controlled by the New York City Receivers, and that an Order to that effect has been made. I am not aware that I, as Receiver of the Third Avenue or the Dry Dock Roads, have said or done anything which makes any valuation of the properties under my control necessary or desirable. Will you be kind enough to let me know whether by any chance these notices were sent by some of your mailing clerks by mistake, to me, on the theory that these Roads were still a part of the Metropolitan System. Yours truly. Receiver. New York, July 3rd, 1908. Frederick W. Whitridge, Esq., Receiver 42nd St., M. & St. N. Ave. R. R. Co., 6sth Street and Third Avenue, K Y. City. Sir: The Public Service Commission for the First District at its session on June 29th, adopted as Order No. 618, the following resolution : "RESOLVED: That each street railroad in the Boroughs of Manhattan and the Bronx be required to furnish on or before July 15th, 1908, an inventory of all property owned by it as of June 30th, 1908." This inventory is required by the Commission in connection with the valuation of the property, tangible and intangible, of the various street railroads in the two boroughs, determined upon at a recent meeting of the Commission. In case your company has already filed with this Commissioii lists of cars or other equipment or property, you may, in order to avoid unnecessary work, refer to such lists as already on file, giving a suffi- cient description to identify them completely and to incorporate them in your inventory. It is, of course, understood that such lists, if already on file and referred to, must be accurate as of June 30th, 1908. Yours very truly, TRAVIS H. WHITNEY, Secretary. THW/EH. 93 Order No. 6i8. New York, July 6th, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York. Dear Sir: I have yours of the 3d instant, for which I am much obliged to you, informing me that it is the purpose of the Public Service Commission to make a valuation of the tangible and intangible property of the Third Avenue Railroad System. I am rather puzzled by this letter. The resolution adopted as Order 618 differs in form from any heretofore made by the Com- mission, and was made apparently without notice, without being founded upon any complaint, and, so far as the Third Avenue is concerned, is apropos of nothing. Will you be good enough to tell me the occasion of the proposed valuation, the purpose of it, and how it is to be made? I have seen a good deal in the newspapers within a year or two about the valuation of railway properties, and I suppose there may be as many different kinds of valuation as there are philosophers who desire to undertake it; but I think any custodian of a property which it is proposed to value by any governmental agency, ought to know the object and manner of such valuation. Is the valuation contemplated by Order No. 618 for the purposes of taxation, for the purpose of purchasing the property, for the purpose of sale, for the purpose of ascertaining the cost of the property, for the purpose of ascertaining the present cost of its duplication, or what is it for? Have the Commission considered the effect of their valuation on the prices of the stocks and bonds which evidence the ownership of this property, the market prices of which represent the valuation by the public and by its owners, of its tangible and intangible property, and should it not do so? I understand that there are a few half-baked politicians, with at least half a right, there- fore, to call themselves political economists, who have a notion which they air at summer schools, that the Government ought to put a price tag on railway properties, either for the purpose of calculating the amount of money which the railways may pay away in interest and dividends, thus incidentally fixing the capitalization of the property, or for the purpose of fixing the rates which the railway may charge for transportation, without reference to the interest to be allowed to the owners of that property on their investment. This notion appears to me to be a particularly poisonous kind of nonsense, which has no parallel in my experience, except the appeal of the German housewife to the "Polizei" against the price of meat. It is contrary to the individualism which is one of the corner stones upon which the prosperity and greatness of this country is founded, and opens the door to a lot of academic fads as yet outside the law. These personal views are not perhaps relevant to the main object of my inquiry ; but I am so totally at a loss to understand why any valuation should be sought of the Third Avenue property, tangible or intangible, at this time, when the Company is paying no interest upon anything, except a few underlying bonds, is striving to get itself out of the chaos in which the Metropolitan left it, and into some decent order, and must find a large amount of new capital before it can be reorganized, that I venture upon their expression, in the hoi>e that the Com- 94 mission will see its way to postpone, at least for the short time I am here, anything so vexa- tious and inimical to the interests of the owners of this property, as a valuation of its tangible and intangible property. If the Commission is not willing to make such a postponement, I should be much obliged if they would, in all events, tell me exactly what they are after. Yours truly. Receiver. Frederick W. Whitridge, Esq., New York, July lo, 1908. Receiver Union Railway Co. of New York, 65th St. and Third Avenue, New York City. Dear Sir: I transmit herewith a certified copy of Order No. 631, adopted by the Commission at its meeting today. Very truly yours, TRAVIS H. WHITNEY, EMR/LER. . Secretary. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. WILLIAM HENDERSON and One Hundred and Fifty Others, Complainants, against UNION RAILWAY COMPANY, and Frederick W. Whitridge, Receiver, \ ^otdel^No 631 Defendants. "Inadequate service on Fort Schuyler Road, Westchester Village to the Eastern Boulevard and proposed extension of line on Eastern Boulevard." An order. No. 474, having been made herein on or about the 8th day of May, 1908, ordering and directing the Union Railway Company and Frederick W. Whitridge, its Receiver, to extend their line from the easterly terminus of said line on Fort Schuyler Road at the intersection of said road with Eastern Boulevard up to the point where said Town Dock Road intersects said Eastern Boulevard and as far as the franchise rights of the said company extend on Eastern Boulevard, and to complete said extension and begin the operation of cars thereon not later than the 15th day of June, 1908; and the said Union Railway Company and Frederick W. Whitridge, its Receiver, having on June 13th, 1908, applied in writing for an extension of such time until July 15th, 1908, and an Extension Order, No. 560, having been made thereon on or about the i6th day of June, 1908, and a report having been made by Harry P. Nichols, Engineer in Charge, of the Division of Franchises, to Nelson P. Lewis, Chief Engineer of the Board of Estimate and Apportionment, which questioned the right of said Union Railway Company, and its Receiver, to construct said extension, and the matter having been transmitted to the Corporation Counsel for his opinion as to whether the Public Service Commission of the First District had authority to issue the order in question, and several other questions in connection with the franchise rights of the said company in respect to the extension of the Fort Schuyler Road line, NOW, on motion made and duly seconded, it is ORDERED: that the time within which the Union Railway Company and its Receiver, Frederick W. Whitridge, shall complete the construction of the extension to its road herein mentioned be, and the same hereby is, extended until thirty days after the Corporation Counsel renders an opinion in the matter. 95 Travis H. Whitney, Esq., New York, July 13, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the loth instant enclosing Order No. 631, extending the time for the Union Railway to complete the construction from the easterly terminus of the Union Line on Fort Schuyler Road to the intersection of the Eastern Boulevard and the Town Dock Road, in accordance with Order 474, until thirty days after the Corporation Counsel renders an opinion in the matter, also stating that I have applied in writing for an extension of this order, which, I beg you to notice, is not the fact. When the Corporation Counsel renders his opinion, will you see that I get a copy of it? Yours truly. Receiver, Frederick W. Whitridge, Esq., New York, July 14, 1908. Receiver Third Avenue Railroad Company, 6sth Street and Third Avenue, N. Y. City. Dear 3ir: I have your communication of the 13th inst. acknowledging receipt of a copy of Order No. 631, which extends the time for the Union Railway to complete the construction of its Ft. Schuyler Road from the easterly terminus to the intersection of the Eastern Boulevard and Town Dock Road. It is true, as you state, that you did not apply in writing for an extension of time, which is granted by the above order, and if you will note carefully the recitals in said extension order, you will see that there is no recital to that effect. The extension of time, which was applied for as is set forth in the Order 631 was the extension requested by Mr. Maher under date of June 13th subscribing himself as "General Manager under Receiver." This second extension granted by Order 631 is granted on the initiative of the Commission pending the receipt of the opinion of the Corporation Counsel as to the right of the Commission to direct the construction of the Ft. Schuyler Road as called for by the original Order 474. I shall see to it that you get a copy of this opinion of the Corporation Counsel as soon as it is rendered. Yours very truly, TRAVIS H. WHITNEY, N. EMR/CWT Secretary. Travis H. Whitney, Esq., New York, July 15, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 14th in which you observe: "It is true, as you state, that you did not apply in writing for an extension of time, which is "granted by the above order, and if you will note carefully the recitals in said extension order, "you will see that there is no recital to that effect." Extension Order No. 631 reads on the 8th and 9th lines of the first page thereof "and the 06 said Union Railway and Frederick W. Whitridge, its Receiver, having on June 13th, 1908, ap- plied in writing for an extension of such time." You will perceive from this that my original statement that you had misstated the fact in Order 631, is correct, and the paragraph in your letter of the 14th which I have above quoted is in error. Of course this is a matter of no consequence at all, but the Public Service Commission has chosen for some reason incomprehensible to me and to everybody who has anything to do with them, to be so terribly technical in their conduct of business that I feel justified in troubling you with trivial matters. Yours truly, Receiver. F. W. Whitridge, Esq., New York, July 16, 1908. Receiver Third Avenue Railroad Co., 6sth St. and Third Avenue, New York City. Dear Sir: In the matter of the recitals in Order of the Commission No. 631, which form the subject matter of your further communication of the 15th inst., I beg to refer you again to my communication to you under date of July 14th. The difference of opinion in this matter appears to have arisen from the fact that you have confused the Extension Order No. 631, above referred to, with a former Extension Order, No. 580, granted in the same proceeding on June i6th. The extension of time to July 15th which was granted by this first Extension Order, No. 580, was requested by Mr. Maher, signing himself as "General Manager under Receiver" in a communication to the Commission under date of June 13th, as recited in Order No. 631. But as previously indicated to you. there was no application made by Mr. Maher or by you for the extension of time which is granted by Order No. 631, and there is in fact no recital to this effect in said Order No. 631. The extension of time asked for under date of June 13th, and the granting of that extension by the terms of Order No. 580, are entirely distinct from the extension time granted upon the initiative of the Commission by the terms of Order No. 631, which is the order in question. Yours very truly, TRAVIS H. WHITNEY, Secretary. Frederick W. Whitridge, Esq., New York, August 4, 1908. Receiver tJnion Railway Co., 65th St. and Third Ave., New York, N. Y. Dear Sir: By direction of the Commission, I am sending to you under separate cover two copies of the annual report forms for the year ended June 30, 1908, and a certified copy of Order No. 613 relating thereto. You are requested to make prompt acknowledgment of the receipt of both the Order and the two copies of the report form. One copy of the report should be retained in your office files for purposes of reference in case corre- spondence becomes necessary respecting any part of the report. The other copy is to be filled in, verified and returned to this Commission as soon as practicable and in any event not later than September 30th. The work of the Commission last year, particularly as respects the preparation of its report to the Legis- lature, was considerably delayed in consequence of extensions of time for the filing of the report and such requests should not be made this year, as ample time is allowed for the preparation of the report before September 30th. A very considerable portion of the report, including the inquiries on the subject of Inter- corporate Relationships can be taken up and completed immediately. Yours very truly, TRAVIS H. WHITNEY, Secretary. 97 At a session of the Public Service Commission for the First District, held at its office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 26th day of June, 1908. Present : William R. Willcox, ^ Chairman; (.Commissioners. Edward M. Bassett, C John E. Eustis, J Order No. 613. The Public Service Commission for the First District being authorized and required by Section 46 of the Public Service Commissions Law to prescribe the form of the annual report required under said Act to be made by street railroad corporations and railroad corporations subject to its jurisdiction, it is hereby ORDERED: That the form for annual reports of all street railroad corporations subject to the juris- diction of the Commission as that term is defined in Section 2 of the Public Service Commissions Law, owning, controlling or operating any street railroad, and that the form for annual reports of all railroad corporations, as that term is defined in Section 2 of the Public Service Commissions Law, owning, con- trolling or operating any railroad using electricity as a motive power, for the year ending June 30, 1908, as the said form has been prepared by the Chief Statistician of the Commission based upon the classification of accounts in force June 30, 1907, be and the same is hereby approved and prescribed by the Public Service Commission for the First District as the form of annual report for the year ending June 30, 1908, required to be made and filed with said Commission by every such street railroad corporation and every such railroad corporation. And it is further ORDERED: That" the Secretary of this Commission serve upon each of the said street railroad cor- porations and railroad corporations, in the manner prescribed by law, a certified copy of this order and two copies of the form hereby prescribed. New York, August 6, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your three favors of the 4th instant enclosing copies of Order No. 613 and copies of annual reports as mentioned by you. We will endeavor to comply with the terms of the order. Yours truly, Assistant to Receiver. RW/KF New York, August 6, 1908. Wesley Farrington, Esq., Auditor. Dear Sir: I received under date of August 4th from the Public Service Commission, three letters each containing Order 613 and the books specified in said letters referring to the Third Avenue Road, 42nd St., Manhattanville & St. Nicholas Ave. Railway and the Dry Dock, East Broad- way & Battery Railroad. 98 I enclose you herewith the letter and order referring to the Dry Dock, East Broadway & Battery Railroad, which is identical in terms with the other two, and the books for the annual report, which are to be filled in before September 30th. Kindly give this your attention. Yours truly, (Enclosures) Assistant to Receiver. New York, August 6, 1908. Order No. 613. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, City. Dear Sir: I do not find that I have received the copies of the annual reports for the Union Railroad. Perhaps you sent them direct to the Union Railroad offices at 204 East 128th Street. Yours truly, Assistant to Receiver, New York, August 8, 1908. F. W. Whitridge, Esq., Receiver Union Railway Company, 65th Street and Third Avenue, N. Y. City. Dear Sir: I am in receipt of your letter stating that you have not received the two copies of the form of annual report sent you with order No. 613. Our records show that two copies of the blank form were sent to you at the above mentioned address on August 4th. If, however, you have not received them by the time this letter reaches you, you may send by messenger to the Bureau of Statistics and Accounts (Room 1828) and obtain two additional copies of the schedule, upon presentation of this letter. Very truly yours, AFW/ARB TRAVIS H. WHITNEY, Secretary. Order No. 708. New York, September 3, 1908. Frederick W. Whitridge, Receiver Union Railway Company, 65th St. and Third Ave., New York. Dear Sir: In accordance with the provisions of Sections 28 and 29 of the Public Service Commissions Law, this Commission has adopted Order No. 708 prescribing regulations governing the form and the filing of tariff schedules. I enclose herewith certified copy of the said order and copies of the Tariff Circular No. i referred to therein. You will note that such regulations are effective on and after September isth, but that there must be filed on or before September 15th schedules showing rates, etc., actually in effect for thirty days prior thereto. Changes from such schedules showing such rates, etc., must be filed in accordance with the regulations contained in the circular. 90 I shall be glad to have the clerk in charge of tariffs confer with any representative of your company in order that the regulations may be thoroughly understood. Please send formal acknowledgment hereof. Very truly yours, TRAVIS H. WHITNEY, /«x^„r ,-r^^ Secretary. THW/JET Enc. Order 708. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Filing with the Public Service Commission for the First District of Tariff/ ^^'^^^ ^°- 7o8. Schedules by STREET RAILROAD CORPORATIONS in pursuance of Sec- tion 28 of the Public Service Commissions Law. It is hereby ORDERED: that the regulation contained in Tariff Circular No. i be adopted by this Commission pre- scribing, from and after September i, 1908, the form, and governing the constructing and filing of sched- ules of fares for passenger service of street railroad corporations subject to the jurisdiction of this Com- mission. ORDERED: that such street railroad corporations file, in conformity with the said circular and on or before September 15, 1908, schedules, effective upon filing, showing fares, transfers, and all regulations re- lating thereto actually in effect for thirty days prior to the said September 15, 1908, changes therefrom to be filed in accordance with the regulation with full notice unless otherwise ordered. New York, September 12, 1908. Frederick W. Whitridge, Receiver 42nd St., M. & St. N. Ave. R. R. Co., 65th Street and Third Avenue, N. Y. City. Dear Sir: With respect to Tariff Circular No. i, which by order of the Commission was made effective Sep- tember 15th, the Commission has deemed it advisable to postpone the date on the said circular and order — so that the effective date shall be October ist. I enclose herewith certified copy of the extension order. A number of conferences have been held by the Tariff Clerk of the Commission with representatives of certain companies to go over the preparation of the tariffs to be filed. Because of the lack of familiarity with the preparation of such circulars, I suggest that you have the official or clerk in your company who will hereafter have charge of the preparation and filing of the tariffs, come to an informal conference to be held on Thursday, September 17th, at 10:30 o'clock A, M., in Room 310, to go over the circular and the details of preparation. Very truly yours, TRAVIS H. WHITNEY, Secretary. THW/EH . 100 Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Extension Filing with the Public Service Commission for the First District of Tariff (^ Order No. 722. Schedules by STREET RAILROAD CORPORATIONS in pursuance of Sec- tion 28 of the Public Service Commissions Law. An order of the Commission, No. 708, having been made herein on or about the 28th day of August, 1908, ordering and directing that all Street Railroad Corporations subject to the jurisdiction of this Commis- sion file, in conformity with Tariff Circular No. i adopted by this Commission, and on or before September 15, 1908, schedules, effective on filing, showing fares, transfers, and all regulations relating thereto, actually in effect for thirty days prior to said September 15, 1908; and application in writing having been made for an extension of such time within which to file said schedules, NOW, on motion made and duly seconded, it is ORDERED: that the time for filing the schedules above mentioned be, and the same hereby is, ex- tended to and including the ist day of October, 1908. Orders 613 and 708. Travis H. Whitney, Esq., New York, September 14, 1908. Secretary Public Service Commission, 154 Nassau Street, City. My dear Sir : On returning to the city this morning I am met with the resignation of my auditor, who finds the demands made by your Commission to be so onerous as to make it impossible for him to discharge his duties. As he is an invaluable person to me and has the confidence of the security holders of this Company — or perhaps I should say — of the holders of what is left of the securities of this Company, I have concluded to establish a new department or bureau of the Accounting Department, whose sole duty will be to reply to the various communications, make up the various reports, and do the various other things the Public Service Commission demand of us, and I write to ask whether you will do me the favor to suggest some man who will be competent to undertake that work. I am bound to confess that the form of report which I find on my desk for the annual report of my Company seems to me to be full of pitfalls, and that somebody who knows what your Commission has got in its mind is a necessity to enable us to make it out. I also have another requirement from you under Order 708 on the publication of tariffs, the purpose of which is to me "a book with seven seals," and if you can make any suggestion to me as to a person whom I can employ to organize such a bureau, I shall be very much obliged to you. Yours truly, Receiver. lOI New York, September 22, 1908. Frederick W. Whitridge, Esq., Receiver Third Avenue Railroad Company, 65th St. and Third Ave., New York City. Dear Sir: With reference to your communication of September 14th, I have to state that as to Order No. 708 requiring the filing and publication of tariffs, I shall be very glad to have the Tariff Clerk of the Com- mission go over with any of your employees the matter of the proper form and contents of such tariffs, in order that they may be filed by the time required by the order, October ist As to the first portion of your letter I am really unable to make any suggestion. Very truly yours, TRAVIS H. WHITNEY, Secretary. THW/EH Order 708. New York, September 23, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 22nd, and am much obliged to you for your suggestion about letting your tariflF clerk go over the matter of tariffs. I understood you in our conversation to say that the Commission had no option in respect to this matter of tariffs, otherwise it would have seemed to me very ridiculous that the street railways, whose fares are as well known as anything on earth can be, should be called on to publish a tariff, I will communicate with you again about this in a few days. Yours truly. Receiver. Order 708. New York, September 30, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, City. Dear Sir: Referring to your Order No. 708 and Tariff Circular No. i, I am afraid that I cannot pos- sibly file any tariff for two or three weeks. You may not be aware that, upon the application of Messrs. Joline and Robinson, transfers are to be abolished between the Dry Dock and the Metropolitan roads on the loth of October, and I have in contemplation certain changes of routes upon that road, consequent upon the abolition of such transfers, in order to accommodate the public so far as may be, which will take a few days to determine. I have also published notices in respect to the abolition of transfers in the Bronx on the 102 7th of October, in accordance with Judge Lacombe's order, and the citizens and Municipal au- thorities up there are in continual negotiation with me in respect to what should be done and should not be done, and I hope you will agree with me that it will be practically impossible for me to file tariffs now, which would have to be changed, in accordance with the orders of the Court within ten days, when I am required by your order to give thirty days notice of such change. I should be obliged, therefore, if you would allow the matter to lay over, so far as I am con- cerned, until the middle of the month, by which time I hope to be straightened out. Yours truly, Receiver. New York, September 25, 1908. Frederick W. Whitridge, Esq., Receiver Third Avenue R. R. Co., Third Ave. and 65th St., New York City. Dear Sir : I transmit herewith a certified copy of Order No. Tyj adopted by the Commission at its meeting today. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ Enc. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the motion of the Commission on the Question of whether the Order heretofore made by the Commission on February 14, 1908, known as Order Number 260, directing the THIRD AVENUE RAILROAD COM- PANY, DRY DOCK, EAST BROADWAY & BATTERY RAILROAD COM- PANY, and the FORTY-SECOND STREET, MANHATTANVILLE & ST. NICHOLAS AVENUE RAILROAD COMPANY, or FREDERICK W. WHITRIDGE, their Receiver, to turn out not fewer than three closed cars daily, not including Sundays and holidays, overhauled and repaired as provided in said order, and also to have all of their open cars so overhauled and repaired on or prior to the ist day of May, 1908, should be modified in any respect because of lack of materials or facilities. Extension Order No. 7?,']. An Order, Number 365, having been made herein on or about the 24th day of March. 1908, order- ing and directing the Third Avenue Railroad Company, the Dry Dock, East Broadway & Battery Railroad Company, and the Forty-second Street, Manhattanvill e & St. Nicholas Avenue Railroad Company, and Fred- erick W. Whitridge, their Receiver, to overhaul and repair, on or before September 20, 1908, all of their closed cars not so overhauled and repaired prior to the date of the adoption of said Order No. 365, and the 103 said Frederick W. Whitridge, Receiver of said companies, having on September 23, 1908, applied in writing to this Commission for an extension of such time within which to complete the overhauling and repairs of cars ; NOW, on motion made and duly seconded, it is ORDERED: That the time within which the Third Avenue Railroad Company, Dry Dock, East Broad- way & Battery Railroad Company, and the Forty-second Street, Manhattanville & St. Nicholas Avenue Railroad Company, and Frederick W. Whitridge, their Receiver, shall comply with the terms of Order Num- ber 365 be, and the same hereby is, extended to and including the 20th day of October, 1908. Frederick W. Whitridge, Esq., New York, September 25, 1908. Receiver Union Railway Company, 65th St. and Third Ave., New York City. Dear Sir: I transmit herewith certified copy of Order No. 740 adopted by the Commission at its meeting today. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, Enc. Secretary. 0-740 Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the motion of the Commission on the Question of Repairs, Im- ) /-v^ xf^^ ,.,,.. _,. tAi- •«>• n- 1 I v-Tder iNO. 740. provements and Additions to Equipment and Appliances including rolling stock of the UNION RAILWAY COMPANY. An Order, No. 333, having been made herein on or about the 13th day of March, 1908, ordering and directing the Union Railway Company, on or before the 20th day of September, 1908, to repair all the closed cars of said Company as provided in said Order, and the Receiver of said Union Railway Company hav- ing, on September 23rd, 1908, applied in writing for an extension of time within which to overhaul and repair the closed cars above mentioned, NOW, on motion made and duly seconded, it is ORDERED: That the time within which the Union Railway Company shall comply with the terms of Order No. 336 above mentioned, in respect to the repairing of closed cars be, and the same hereby is, extended to and including the 20th day of October, 1908. Orders 737 and 740. Travis H. Whitney, Esq., New York, September 26th, 1908. Secretary Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 25th enclosing to me the Orders of the Commission, Nos. 737 and 740, for which I am much obliged to you. Yours truly, Receiver. 104 W. Whitridge, Esq., Receiver, Third Ave. R. R. Co., Sixty-Third St. & Third Ave., New York City. New York, January 27, 1908. Sirs: The Public Service Commission for the First District has received the communication from Isidor Hell- man, of 549 West 1326. St., New York City, of which copy is herewith sent to you for your information and such investigation as you may wish to make. It may be that this is an isolated case, or one which is due to some defect in your organization or service, which the Commission ought officially to investigate, but preliminary thereto, the Commission de- sires your explanation thereof. Please answer hereto to this Commission by the 6th day of February, sending a copy of your an- swer to the Complainant at the above address, who has been requested to reply thereto within ten days there- after. 'Yours very truly, TRAVIS H. WHITNEY, WN/TM Secretary. (IC-1287) New York, January 28, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York. Dear Sir: I have yours of the 27th referring to a complaint which is supposed to have been enclosed therewith. That complaint was inadvertently omitted from your covering letter. Yours truly, Receiver. F. W. Whitridge, Esq., New York, January 29, 1908. Receiver, Third Ave. R. R. Co., 65th St. & Third Ave., New York City. Dear Sir: Receipt of your communication of the 28th inst., stating that complaint referred to in our letter of the 27th was inadvertently omitted, is hereby acknowledged. Complaint referred to is herewith enclosed. Yours very truly, WN/TM TRAVIS H. WHITNEY, (IC-1287) Secretary. New York, January 21, 1908. Smith & Kaufmann, 549-559 W. I32d Street, New York. Mr. Willcox, Chairman Public Service Commission. Dear Sir: I wish to call your attention to a menace to the health of the traveling public and which can easily be remedied by those in charge of the Surface Cars. I refer to the question of ventilation. The Subway people are doing all they can and are laboring under adverse conditions. But there is no such excuse for the Surface Cars. A year or two ago a rule was put into effect that people should not be allowed to enter the car by the front door during cold weather, so as to avoid the cold draught. This opening and clos- irijg of the front door perhaps chilled a few people, but it ventilated the car. But now with the front door tightly closed and the rear door generally closed, the air in the car becomes vicious indeed. Besides, the neglect of the conductors to keep the ventilators open near the roof of the car makes it almost impos- sible for any one who knows what fresh air is, to stand anywhere except on the rear platform. Hundreds of people stand on the rear platform to avoid the nasty air inside the car and thereby pre- vent easy access to and from the cars. If you will have a representative take a trip on the Third and Amsterdam Avenue line, or the Sixth and Amsterdam Avenue line going uptown between the hours of seven and eight A. M., he will report very quickly what I mean. At this hour the cars are full of work- men, Italian and colored people, and require at least such ventilation as the cars afford, and that is the use of the top ventilators, which the conductors are permitted to neglect to make proper use of. If every conductor was told to keep the ventilators open, the health of the community would be improved. Very respectfully, ISIDOR HELLMAN. New York, January 30, 1908. Public Service Commission, 154 Nassau Street, New York City. Dear Sirs: Referring to yours of the 29th, I beg herewith to enclose copy of my reply to the com- plaint. Yours trulv. Receiver. New York, January 30. 1908. Mr. Isidor Hellman, Smith & Kaufmann, 549 West 132nd Street, New York City. My dear Sir: I have received from the Public Service Commission copy of your complaint of the 21st instant. I am precisely of your opinion and have frequently made complaints of a similar tenor to yours, I will do what is possible to do in the premises, but the difficulty, I am afraid, is an insuperable one and based upon the peculiarities of the human race, expressed in the old adage that "What is one man's meat is another man's poison." While I have myself frequently tried it, I have never been in any kind of public convey- ance, as yet, when I have asked for a window to be opened, or seen anyone else ask that a window or ventilator be opened, that at least two other passengers in the car did not ask that it be closed. Can you suggest any way to us by which everybody can be satisfied in this matter, or can you suggest any rule which I, or the Public Service Commission, could impose on the community whether they like it or not? Yours truly, Receiver. 106 Mr. Fred W. Whitridge, New York, January 31, 1908. 65th St. & 3rd Ave., City, Dear Sir: I have your very courteous favor of the 30th, stating that you are of my opinion in regard to the complaints that have been made in regard to ventilating your cars; but that you cannot find a way out of the matter, because it is so difficult to please everybody. You state that you have frequently tried it, but have never yet succeeded. You ask if I have any suggestion to make, by which everybody can be satisfied in this matter. Yes, I have a suggestion to make, but I do not think I can satisfy everybody; but I believe that my suggestion would satisfy a very large majority of your passengers and would improve the health of the public. All you would need to do, would be to give your Cars a thorough airing at the beginning and at the end of each run. That is, have the conductors open the doors and ventilators two or three minutes before the end of tVie run and have them open them two or three minutes before they start on the new run. That is, when the cars get down to the Post Office or Battery have the doors and ventilators opened when they arrive within two or three blocks of the stopping point, and in Harlem have the same thing repeated. There will be very few passengers in the cars at this time, and those that are in, are ready to get out. Then give your conductors instructions to open a few ventilators at all times, and if some of the passengers complain and close them, the cars have had a thorough ventilation at the beginning of the run, and will have it at the end of the run. This is nothing new, as it is now in force on the Hudson Railroad Line, which is a surface car running from Edgewater and Fort Lee, N. J., to Paterson, N. J. This is right across the River from 125th St., and this rule is enforced by all the conductors of the line and the cars are thoroughly ventilated. Very respectfully, IH ISIDOR HELLMAN, And in addition rescind the order of keeping the front door closed. That is, permit passengers to leave and enter the cars from the front platform instead of keeping the gates closed. Mr. Isidor Hellman, New York, February i, 1908, 549 West 132nd Street, New York City. Dear Sir: I have yours of the 31st ultimo, and I am much obliged to you for the suggestion which you therein make. It seems to me to be practicable, and I will instruct the superintendent to see that such orders are given. You must, however, take into consideration that, under the hap- hazard, go-as-you-please management, which this Railroad has been suffering from for the past few years, it will take a little time to get things running properly. Yours very truly, Receiver. J. HOOD WRIGHT MEMORIAL HOSPITAL, 131st Street and Amsterdam Avenue. Hon. Travis H. Whitney, Secretary, New York, January 27, 1908. Public Service Commission, 154 Nassau Street, New York. Dear Sir: I desire to register a formal and an official complaint concerning the lack of service by the Metro- politan Street Railway Co. on Amsterdam Avenue, north of Manhattan Street. During the six years I have lived on this avenue the service has never been reliable, convenient or satisfactory. Now that the Sixth Avenue Cars have been discontinued north of 125th Street, we are dependent upon the Third Avenue Cars. alone, and the lack of service is intolerable. I submit the following specific complaints for your consideration: 107 1. To-day there was an interval of i6 minutes between cars bound south, passing 131st Street. 2. I have stood at the corner of Manhattan Street and Amsterdam Avenue and counted nine east bound crosstown cars in succession with no car going north. These crosstown cars had an average of five passengers. When, finally, the north bound Third Avenue car arrived it was packed to the guard rails of the platforms. 3. It is almost an exception when a north bound car in the evening is not detained from one to ten minutes at the car barn, 127th Street & Amsterdam Avenue, while one or more "dead" cars, chiefly from the Broadway line, must be shunted into the barn. 4. Cars frequently do not stop on signal or request at 131st St., going north. Passengers are carried to the top of the hill, as far as 135th Street. Many of these passengers are patients, sick and injured, some of them on crutches, going to this Hospital for treatment. To carry this class of people four or five blocks beyond their destination is an outrage. Very respectfully, R. H. TOWNLEY, Superintendent. Mr. Frederick W. Whitridge, Feb. 3, 1908. Receiver, Third Ave. R. R. Co., N. Y. City. Dear Sir: Replying to the attached complaint of R. H. Townley, Supt. of the J. Hood Wright Hospital, we beg to say that we expect in the near future to improve the service on Amsterdam Ave. In view of the condition of the cars and the number in use it is impossible to reduce the head- way until we have had an opportunity of thoroughly overhauling our cars and of increasing the number in use on our Third Avenue and Amsterdam Ave. Lines. There has always been numerous delays at 129th St. & Amsterdam Ave. Depot, owing to the fact that the Boulevard cars are housed at that Depot, and when they are taken out and run into the Depot it necessarily causes a 'delay to the North Bound cars. Some improvement has been made in the conditions at this point since you have been Receiver, and we expect to further improve them in the near future. With reference to motormen failing to stop their cars at 131st Street no complaints of this char- acter have been received by us, and upon the receipt of the complaint of Mr. Townley we have to-day detailed an inspector, who has been directed to pay particular attention to the matter complained of as to cars failing to stop on signal at 131st St. going North. Yours very truly, E.A.M./K. EDWARD A. MAHER, General Manager. R. H. Townley, Esq., Superintendent, Feb. 4th, 1908. J. Hood Wright Memorial Hospital, 131st Street & Amsterdam Avenue, City. Dear Sir: I have received from the Public Service Commission your letter of the 27th ult., and enclose herewith report of the General Manager of this Company upon the same. I am very much obliged to you for calling our attention to these matters, and should be equally obliged if you would continue to keep me informed of any defects in the service, such as you have referred to in this complaint. As you are aware, at the time of my appointment as Receiver, the condition of the rolling stock of the Third Avenue Railroad was most unsatisfactory, and the previous management appears to have been fitted to the rolling stock, and it will be some little time before we can get things in the shape we would like to have them. Yours very truly, Receiver. 108 Jan. 30, 1908. Public Service Commission, Gentlemen: The cars on the 125th St. Crosstown Line are not heated and have not been heated this winter. Will you look into this and have same remedied? Yours truly, (Signed) F. P. SPERRY. Sperry & Popham, 241 West 125th St., New York City. Mr. F. P. Sperry, New York, February i, 1908. New York City. My dear Sir: The Public Service Commission have handed me your letter of the 30th ultimo, in respect to heating of the crosstown lines, and in reply thereto I beg to say that this shall have my immediate attention. Yours very truly. Copy. Receiver. THE COOPER CIVIC CLUB OF THE PEOPLE'S INSTITUTE. Office of Secretary, New York, January 30th, 1908. 318 East Fifteenth St. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Members of our Cooper Civic Club have reported that there are a number of Third Avenue cars that bear the Post Office sign, but which are accustomed to stop at Cooper Square and then return. We should like this matter to be investigated, if it has not already been looked into by your body, and to have action taken by you if any large proportion of the cars are doing this. Our men have not been able to find out just what percentage of the Post Office cars are running as described. Very truly yours, J. I. POLSTEIN, Secretary. Mr. J. I. Polstein, New York, February i, 1908. 318 East 15th Street, New York City. Dear Sir : Your complaint addressed to the Public Service Commission in respect to the Third Avenue cars bearing Post Office sign, has been duly received. I will have that, matter investigated, and I hope remedied to your satisfaction immediately. Yours very truly, Receiver. 109 Copy. February 4th, 1908. Secretary of Public Service Commission, 154 Nassau Street, New York City. Dear Sir: , I find that certain cars belonging to the Third Avenue Railroad, which have been operat- ing upon the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway, have been run by it down Broadway, from 42nd Street to Murray Street, a line which does not belong to the 42nd Street or to the Third Avenue Railroad, and I am informed that this is done in accordance with an order made by your Commission. No arrangement has been made by the Receivers of the New York City Railway to com- pensate the Third Avenue Railroad for this use of its cars, and the Third Avenue Railroad and its controlled lines — the Forty-Second Street and Dry Dock Railways — are in pressing need of cars with which to increase the service upon their own lines. I therefore desire to with- draw these cars now so running down Broadway, from the service of the receivers of the New York City Railway; so that the service upon my own lines, particularly Grand Street and the main Third Avenue Line, can be increased. I should be much obliged if you would inform me whether there is any objection upon the part of the Commission to this course; and I call your particular attention to the fact of the great necessity for the increase in service upon the Third Avenue Lines which I have mentioned, not only for the profit of the Third Avenue, but for the accommodatiofi of the public. I shall be very much obliged for any information or advice which you can give me in the premises, and I am, Yours truly. Receiver. F. W. Whitridge, Esq., February 8th, 1908. 65th Street & Third Avenue, New York City. Dear Sir: Acknowledging receipt of your communication of February 4th, with regard to the matter of the cars of the Forty-second Street, Manhattanville & St. Nicholas Railroad, and operating on Broadway from 42d Street to Murray Street, I desire to state that the hearings on that order were held by Commis- sioner Maltbie, who is at present in Washington, but will return on Monday, at which time I will take up with him your letter and advise you at the earliest moment as to the possible procedure. Very truly yours, TRAVIS H. WHITNEY, * Secretary. THW/EH Travis H. Whitney, Esq., Secretary, February nth, 1908. Public Service Commission, No. 154 Nassau Street, New York City. My dear Sir : • . I have yours of the 8th instant, for which I am much obliged to you. My previous letter in respect to the use of the Forty-Second Street cars operating on Broadway as far as Murray no Street was a request for information. Since then, I find that the Third Avenue cars were operated down Broadway by the Forty-Second Street Railroad, under a contract which has expired, and the New York City Receivers have notified me that they desire to discontinue such use of those cars, and I have, of course, acquiesced in this notice, because, as I wrote you, I desire to use these cars to increase the service on my other lines, where sv.ch increase is much needed. I presume that the New York City Receivers will supply the service performed by the Third Avenue cars so rurrcndered to me with other cars under their control. Yours very truly. Receiver, New York, February 13th, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railroad Company, 6sth Street and Third Avenue, New York City. Dear Sir: In reply to your letter of February nth, I beg to say that I have consulted with Commissioner Maltbie, who presided at the hearings held to consid'er the improvement of service upon the Broad- way line of the 42nd Street, Manhattanville & St. Nicholas Avenue Railroad Company. These hearings were begun prior to your appointment as receiver and a report upon the facts has not yet been made. As this investigation was begun for the purpose of determining whether any increased service was needed upon the Broadway line, Commissioner Maltbie suggests that if you wish to present any facts for consideration in this case, looking toward a change in the service, he will hold another hearing at any time that will be convenient for you. The Commission has noted your intention to discontinue the operation of Third Avenue cars upon Broadway below 42nd Street and assumes that adequate provision for taking care of the present traffic will be made either by you or by the receivers of the New York City Railway Company. As you are ' aware this traffic is very considerable, and as Broadway is one of the principal thoroughfares, no action should be taken by any company to decrease in anj"^ way present facilities. Indeed, the reports of our inspectors indicate that an increase in the service is needed. Very respectfully, TRAVIS H. WHITNEY, EMH. Secretary. Mr. Frederick W. Whitridge, Receiver, New York, February 4, 1908. Third Avenue Railway Co., 65th Street and Third Avenue, New York City. Dear Sir: Within the last few days we have received two complaints regarding the service on the Broadway line north of 145th Street. These complaints mention two matters (i) infrequency of cars and irregu- larity of schedules; (2) interference with the schedule time due to the experimental operation of the new cars to be used by the New York City Railway Company. I have written to the complainants that the company must be allowed to try out its new cars and have pointed out the desirability of so doing. I suggest, however, that you reduce to a minimum the interference with the ordinary traffic on that line. Possibly you are now doing everything that can be done, but if your employees are somewhat careless, I trust you will see that they are called to account. Very respectfully, MILO R. MALTBIE, Commissioner. MRM/EMH III February 5, 1908. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have received your personal letter of the 4th, for which I am very much obliged to you. Our employees have already been instructed that the experiments by the New York City Rail- way Company with respect to the Pay-as-you-enter cars, must be allowed to interfere with the ordinary traffic as little as possible, and you may be sure that I will attend with the utmost promptness to any complaint which I may receive from any apparently responsible source, even though it does not come to me through the Public Service Commission. I am sure, however, you appreciate that while the Third Avenue and the New York City Railway Systems are in process of disentanglement, it is inevitable that there should be a certain amount of confusion, and that it will be some little time after we have got everything disentangled, before we get things running either to our satisfaction or yours. Yours very truly. Receiver. Brooklyn, N. Y., Feb. 5, 1908. To the Public Service Commission, Gentlemen: In the name of common decency I appeal to you to ask if there is ever going to be anything done to relieve the disgraceful condition of things that exist on the Grand St. line of cars. In all the storm to-night some forty or more people were compelled to stand for more than a half hour at the corner of Grand St. & Bowery waiting for a car; in that time just four cars passed and it was a physical im- possibility to board any one of them. I counted fourteen Madison Ave. cars pass and in three there were no passengers at all. This same condition exists every night, and to add to it girls are compelled to ride on the front and rear platforms in order to reach their homes. A few nights ago my pockets were picked, and from what I can learn it is a nightly occurrence and an investigation will prove to you the truth of my statement. Trusting you will give this your early attention, I have the honor to be, ' Respectfully, DAVID N. O'BRIEN, 274 Hewes St., Bklyn., N. Y. Mr. David N. O'Brien, February 7th, 1908. 274 Hewes Street, Brooklyn. My dear Sir: I have received from the Public Service Commission your letter of the 5th instant. I have just entered into possession of the Grand Street Line of cars as Receiver, and am considering how I can find money to buy more cars to put upon that line, the necessity for 112 which I fully appreciate, or how I can get cars for service on that Line, without money. I hope within a few weeks to have the matter in much better shape, and also hope that you will appreciate that bankrupts — even if they are railroad companies — are a good deal hampered in their endeavors to improve conditions. Yours truly, Receiver. Milo R. Maltbie, Esq., February 7th, 1908. Public Service Commission, 154 Nassau Street, New York. My dear Sir : I have yours of the 6th instant. I have already written to the Commission that the force at my command is, and will for some time, be working to its maximum capacity to put the cars of the Third Avenue Railroad Company in order. No evidence of the need of repairs is necessary; it is obvious. I am glad to hear that your engineer will call upon us to see what we are doing. Yours truly, Receiver. Mr. F. W. Whitridge, Receiver, New York, February 6th, 1908. Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir: Your letters of February 1st and sth have been referred to me. I have asked Mr. McLimont, our Electrical Engineer, to call upon you and secure such information as will enable us to reach proper conclusions at the hearing scheduled for next Thursday. If you are not able to attend, I trust some one from your office will appear. We have had a thorough examination made of the rolling stock of the Third Avenue Railroad, as well as the other lines of the Metropolitan system. The need of repair has been clearly shown by the evidence and the hearing next Thursday is principally for the purpose of determining how many cars can be repaired daily by the Third Avenue Company and when the order should be made effective. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. Third Avenue Railroad Company, New York, February 18, 1908. 621 Broadway, New York City. Gentlemen: The six weeks' time for the filing of the quarterly report of your company for the quarters end- ing September 30, 1907, and December 31, 1907, expired on February nth, 1908, and your attention is called to the fact that your company is now in default, and is, therefore, subject to the provisions of the act as to default. No reply has been received to our inquiries of January 9th, 1908, in relation to your annual report. This information should be transmitted forthwith. Your company is already in default in this matter, as thirty days is the maximum period allowed under Section 46 of the Act. Very truly yours, TRAVIS H. WHITNEY, AFW/MCF Secretary. "3 February 20, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the i8th, which I may mention was insufficiently stamped. As this Re- ceivership is very poor, I respectfully request that you hereafter put the requisite number of stamps on your letters, I am sorry that the proper written reports of the accidents to which you refer have not been made to you, and I have directed the attorney positively to see that these reports are sent you forthwith and hereafter regularly. Yours truly, Receiver, New York, February 20th, 1908, Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, New York City. Dear Sir: In reply to the communications sent to you by the Public Service Commission for failure to make written reports of accfdents within three days after telephoning reports of such accidents, I beg to state that I thought that it was being done as I have designated one of the men in the Claim Depart- ment to attend to such reports, but found, on investigation, that the man who had charge of this matter was under the impression that we should make only monthly reports, together with the reports that we telephone. Written reports are all being made out now, and I can assure you that, hereafter, there will be no misunderstanding about the matter and that the written reports will be forwarded in the regular course. I am not trying to shirk my responsibility in the matter, but it is impossible for me to personally attend to all details and I am sure there will be no cause for complaint hereafter in this matter. Yours very truly, JAMES M. O'NEILL, Assistant Attorney. February 21st, 1908. Travis H, Whitney, Esq,, Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Your letter of the 18th instant to the Third Avenue Railroad Company in respect to the reports of that Company, has been handed to me. We have no data at this office at all which would enable us to make either quarterly or annual reports, and I do not think I ever received your inquiry of January 9th, to which you refer. All inquiries in respect to these matters should, I think, be addressed to .the Receivers of the New York City Railway Company, No, 621 Broadway, who, until the date of my appoint- ment as Receiver — ^January 12th — were in possession of the Third Avenue Railway. 114 I shall be very much obliged if yoii will get these reports out of them and then let me see copies of them. Yours truly. Receiver. Copy. Public Service Commission, 29 Jay St., Albany, Feb. 19th, 1908. Second District, New York City. Gentlemen: When in New York last week I had occasion twice to use the Third Avenue line of surface cars running on Amsterdam avenue, above 126th Street. Each time I had to wait not less than 10 to 15 minutes for a car and each one was packed to the steps. I, although lame, had to stand on the plat- form. My children, who live on 144th St. and use the cars, told me it was simply terrible since the Amsterdam Avenue cars were taken off above 125th Street. There was a loud complaint from the pas- sengers. Now, I wish to complain of the lack of cars rather than the inconvenience of your recent schedule as to Amsterdam Avenue cars not running above 125th Street. If this must be, then give enough cars of the Third Avenue line. Very truly yours, (Signed) MRS. A. L. GREENE. Frederick W. Whitridge, Esq., New York, February 21, 1908. Receiver, Third Ave. R. R. Co., 65th St. & Third Ave., New York City. Dear Sir: On January 28 the Public Service Commission forwarded to you for answer a complaint regarding lack of Third Avenue cars on Amsterdam Avenue above 125th Street. Since that date the Public Serv- ice Commission has been receiving continual complaints regarding the overcrowding of these cars. I herewith enclose to you for answer copy of complaint received from Mrs. A. L. Greene regard- ing this matter. Please make answer by March 2, sending complainant a copy thereof. Yours very truly, TRAVIS H. WHITNEY, WN/TM Secretary. (IC-1577) Travis H. Whitney, Esq., February 22nd, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 21st in respect to the service on Amsterdam Avenue. As you are aware, the service of our cars on Broadway south of 42d Street has been discontinued, and this will give us about 30 additional cars, nearly all of which it is my purpose to run on .Amsterdam Avenue. Some repairs are necessary to each of them, but already some of them have been installed on upper Amsterdam Avenue and presently at least 20 additional cars will be in use there. I am also making an application to Court for authority to buy additional cars, some of which will be used on this Line, if such authority be granted. Yours very truly. Receiver. IIS THE NEWTON, » 2528 Broadway, Mr. W. Willcox, Chairman, New York, February 26th, 1908. Public Utilities Commission, City. Dear .Sir: Feeling that I am within my rights I wish to enter a complaint against the 42d St., Manhattan- ville and St. Nicholas Ave. R. R. as follows: This morning I boarded a car of this company at the corner of 96th Street and Broadway at 8.45 o'clock and I took particular notice that the sign on the front top indicated that the destination of that particular car was East 34th Street Ferry. On arriving at a point midway between 58th and 59th Streets, where there is a switch, all the pas- sengers in this car were ordered to enter the car ahead if they wanted to go further downtown. There was an inspector of the company holding the southbound car at that point for that purpose. I failed to get the number of the first car I rode in, but the car to which we were transferred was No. 2132. If my memory serves me right, I believe such action on the part of the R. R. Company is in viola- tion of a special ordinance and punishable by a fine for each offense. Be good enough to inform me if I am obliged to take a car ahead to suit the convenience of the company or are they obliged to carry me to the destination indicated by the sign on the car when there is nothing wrong with the car in any manner, or is the public subject to the pleasure of the railroad company as it was before the appointment of your Honorable Commission? I would also like to know if something cannot be done to have the number of flat wheels on this car line reduced, as almost every other car has one. Yours very truly, (Signed) WM. C. RADER. William C. Rader, Esq., February 27th, 1908. 2528 Broadway, New York City. My dear Sir: I have a copy of your letter of the 26th addressed to the Public Utilities Commission. In reply thereto I beg to say that I very much regret that you were inconvenienced on the occasion of which you speak, and desire to explain that the change in the service of the cars on Amster- dam Avenue only having recently taken effect, and the number of cars controlled by the Com- pany being very limited, we are for the time hampered in the discharge of our duties. We hope before long everything will be moving to the satisfaction of the people who use the road. Yours truly, Receiver. Milo R. Maltbie, Esq., March 3rd, 1908. Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 2nd instant, for which I am much obliged to you. I will send for the conductor and motorman of this car myself and let you know if there is any explanation for what, I quite agree, is most annoying conduct. So far as I can see, there is absolutely no excuse for any such performance, and I will write you further in reference to the matter. 116 As to the service generally, on this line, you know that we are very short of cars, and I am glad to say that the permission which I wrote to the Commission about on February i8th, for the purchase of new cars, has been granted. I hope to have the money and sign a contract for the same within a few days. When those cars begin to arrive next month, this service will, I hope, be much improved. Yours very truly, Receiver. March 5th, 1908. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 4th instant, for which I am much obliged to you. I have suspended the men of whom you complain, for ten days, unless they can induce you to request their imme- diate reinstatement. I am always grateful for any intelligent complaints of the Service against properties under my charge. I am anxious to do the best that can be done. The difficulties under which I am compelled to labor, at least in the beginning, are very great indeed. Yours truly. Receiver. New York, March 6th, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railroad Co., 65th Street & Third Avenue, New York City. Dear Mr. Whitridge: I beg to acknowledge your letter of March Sth. While I do not wish the two men you have sus- pended reinstated at my request, or in any way interfere with your methods of discipline, it would be entirely satisfactory to me if you shorten the period, but the matter is entirely in your hands and what- ever action you take will be for the best of the service I am sure. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. New York, March 25th, 1908. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railway Co., 65th Street & Third Avenue, New York City. Dear Sir: I beg to enclose a copy of a report made by our Transportation Bureau, regarding the conditions that exist at Bayard Street and the Bowery. It is possible that matters have been improved since this inspection was made; but if they have not, there is certainly need for an improvement in the service. I 117 am sending a copy to Mr. Joline and Mr. Robinson, as this is a matter which apparently concerns both the New York City system and the Third Avenue system. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. Milo R. Maltbie, Esq., New York, March 26th, 1908. Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 25th calling my attention to the carelessness of the Third Avenue drivers at Bayard Street and the Bowery, for which I am very much obliged to you. The trans- fer of passengers at this point came upon our employees as a novelty, and it always takes a little time to become accustomed to such things. Yours very truly. Receiver. Public Service Commission, 481 West iSQth Street, 154 Nassau Street, City. New York, N. Y., Apr. 21, 1908. Gentlemen: I would very much like to call your attention to the operation of the Amsterdam Avenue division of the Third Avenue Railroad. Since the appointing of receivers for this road and the withdrawal of the Sixth Avenue cars from the upper end of Amsterdam Avenue, the service has been most inadequate. At times there are delays as much as ten or fifteen minutes. In addition to this, even when the delays do not exist it is very rarely that a person is able to get a seat in a car on this line. While the Broadway cars help out to a certain extent between Eighth Avenue and 125th Street, and Amsterdam Avenue and i62d Street, still they do not run a sufficient number of cars to eliminate standing and crowding. On 125th Street one can stand and see three crosstown cars go over to each Amsterdam Avenue car. It seems to me that at least a portion of these cars could be run up Amsterdam Avenue as there are but few passengers carried in these cars west of Amsterdam Avenue. Aside from the above complaint, one which should receive your immediate attention is the filthy condition of these Third Avenue and Amsterdam Avenue cars. It was my intention to send with this letter some specific data as to the operation of this line, as to the number of cars that are sent down Amsterdam Avenue, not alone in the morning and evening, but during the entire day, classed as "dark cars"; in other words, not carrying passengers. ♦ * * Very truly yours, (Signed) JAMES P. O'SHEA. Mr. E. A. Maher, April 24, 1908. General Manager. Dear Sir: In reply to the attached letter from Mr. J. O'Shea, under date of April 21st, I beg to say that the headways of cars on Amsterdam Avenue are as follows: During the rush hours i^ minutes Headways from 9.00 A. M. to 3.00 P. M. .254 " The headways on 125th Street Crosstown line: From 6.00 A. M. to 8.30 A. M i^ " '. " 8.30 A. M. " 4.00 P. M 2 " 400 P. M. " 6.30 P. M iK " 6.30 P. M. " 8.30 P. M 2 118 There are no dark cars (other than disabled ones) sent down from Fort George during the day, and not until late at night. All cars that are to be run off during the evening carry passengers to 65th St. & 3rd Ave., which signs cars display. In relation to the paragraph in Mr. O'Shea's letter in which he speaks of the unclean condition of the cars, I would say that I have received no reports whatever either from my inspectors or any one else in relation to the same. Permit me to call your attention to the tally recently taken of headways and passengers carried on Amsterdam Avenue. These tallies show that we had more than enough cars on this Avenue. Respectfully, J. J. CAHILL, Superintendent. Mr. James P. O'Shea, New York, April 29, 1908. 481 West 159th Street, New York City. Dear Sir: I have received from the Public Service Commission copy of your letter of April 21st. I am very sorry that you find the service on Amsterdam Avenue inadequate, and I should be very much surprised if the delays of 10 or 15 minutes, which you speak of, are actual counted minutes by some timekeeper. As to the filthy condition of the Third Avenue and these cars, I have to say that the cars which were turned over to me are old and in bad order. They are being repaired as rapidly as possible, but my own observation is that they are not generally in filthy condition, unless a large number of filthy people have just left them. As to the "dark" cars which you state are run, I beg to inform you that no cars whatever of this description are run over the line except late at night, and the general headway on Amsterdam Avenue is i^ minutes, and during the middle of the day 2^ minutes. On 125th Street it is the same, except that during the middle of the day the cars are run on 2 minutes headway, and if there are any such delays as 10 or 15 minutes, as you speak of, it must be in isolated cases caused by some accident or stalling of trucks on the track. The tallies of passengers carried on the Amsterdam Avenue cars show that more than enough cars are now run on that line. Yours truly, Receiver. NATIONAL STEEL & WIRE COMPANY, 114 Liberty St., New York. Public Service Commission, New York, April 21st, 1908. Tribune Building, 154 Nassau St., N. Y. Gentlemen: I beg to call your attention to some facts in regard to that branch of the Third Avenue System which is operated on 42d St., and runs to 34th St. Ferry. I am informed that it is illegal for a street car company to transfer passengers from cars at any place except at the destination marked by signs on the car, and as there has been a great deal of incon- 119 venience for the passengers of the 42d St. and 34th St. line, I am asked by Mr. H. H. Whitman, who, I believe is Associate Counsel of your Commission, to report just what has happened to me on the line mentioned. On Saturday, at 5 P. M., the writer boarded car 1193 at 5th Ave. and 42d St. The car was marked 34th St. Ferry, conductor No. 2090. When the car reached the Grand Union Hotel, the conductor ordered all passengers to change, and notified them that the car would be switched back. The writer made an objection to the conductor and also to the starter at that point. The starter's reply was that they were going to run the car back regardless of the law. The writer was changed to another car, and there met Mr. H. H. Whitman. This is an occurrence that happens every day on the line. The writer has several times missed his train on the Long Island road on this account, and has had to wait half an hour for the next one, and would like to hear from you before carrying this matter to the courts. I have the names of witnesses who can be called at any time. * * * Yours very truly, (Signed) HOMER WISE. Mr. Edward A. Maher, New York, April 24th, '08. General Manager. Dear Sir: In answer to letter under date of April 21st, '08, from the Public Service Commission, regarding a complaint of a Mr. Homer Wise, who was transferred from one car to another at Depew Place, I beg to state: On Saturday, April i8th, '08, Run 2762, Car 2090, in charge of Conductor J. Phair, No. 1193, E. B. at Depew Place, Time 5:05 P. M., had 6 minutes headway, caused by being delayed in 42nd St. between Sixth Avenue and Broadway, by a truck stalled on track. Starter Francis Smith, who is stationed at Depew Place, boarded car and asked passengers to take car ahead, which was destined for East 34th St. ferry, as was car 2090. All passengers done so, with the exception of Mr. Homer Wise, who remained on car until same reached Fifth Avenue, where he requested officer stationed at that point to place conductor under arrest, which he refused to do. He then asked Conductor J. Phair, No. 1193, for a transfer, which he refused him. He then left car. Starter Francis Smith denies having any conversation with a passenger regarding the switching back of this car. Respectfully, A. SUYDSTRUP, Superintendent. New York, April 29, 1908, Homer Wise, Esq., 114 Liberty St., New York City: My Dear Sir: — I have received from the Public Service Commission copy of your letter of April 2 1 St. I am very sorry that the service on 42nd Street seems to you to be defective. That is partly because the number of cars which we have is insufficient. Some time ago new cars were ordered, to be placed in service on this Road, but none of them have as yet been delivered, although the first delivery was promised the middle of April. In respect to the particular case to which you refer, it appears that the car had been stalled by a truck on the track and lost six minutes headway in consequence thereof. In order to facilitate the convenience of passengers, the starter at Depew Place boarded the car and asked the passengers to take the car ahead, all of whom did so except you, without complaint, and the starter subsequently denies having had the conversation with you which you report, and, if you pardon my saying so, it does appear to me to be improbable that any kind of an official would be likely to state that he was going to do something "regardless of the law." I also note that you had several times missed your train upon the Long Island Road on 120 account of something or other which has happened on the 42nd Street Railway. I am very sorry that you or anybody else is inconvenienced by this service. I can only assure you that we are doing the best we can pending the arrival of the new cars already ordered. Yours truly, Receiver. [Copy.] THE ASTORIA LIGHT, HEAT AND POWER COMPANY, ASTORIA, LONG ISLAND. May 8, 1908. Public Service Commission, 154 Nassau St., New York City. Gentlemen: On the evening of May 6th at 6.05 or 6.10 P. M. a friend and myself took Car. No. 342 on the Third Avenue Road, at Third Avenue & 92nd St., going north. It was a closed car, and contained approximately 30 or 35 people, being comfortably well filled. It ran without any difficulty whatever to 125th St. and Third Ave., at which point we were all ordered to take the car behind, although this car had the destination as Third & Amsterdam Ave. plainly marked on it. Four of us refused to leave the car, and Inspector No. 2 got on the car and informed us that the car was out of order and was being run to the car barns. We thereupon stayed on the car and were ridden into the car stable by a new crew, one of which was conductor No. 302. After waiting a few moments we left the building and took another car. The four parties that stayed on the car were the writer, Mr. N. J. Sperling, of 515 W. 134th St., Mr. P. Rice, of 515 W. 164th St. and L. Fitzpatrick, of 43 E. 131st St. It happens that two of the above parties are engineers and are in charge of the repairs on a large Gas Plant, including the maintenance of the Power House, and are therefore more or less familiar with the electrical equipment, and in their judgment the car was in perfect condition. At any rate, the new crew ran it to 125th St. with the trolley rheostat in the full speed position. An occasional instance of this sort would not be considered serious, but the continued re-occur- rence of the same thing has become monotonous to all who travel on the Amsterdam Avenue line. We would all of us be glad to testify to the above facts or do anything we could to assist in rectifying this abuse. Yours very truly, (Signed) WESLEY W. BURDEN. Travis H. Whitney, Esq., New York, May 14, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I beg to acknowledge receipt of yours of the 12th enclosing a letter from Mr. Wesley W. Burden, complaining that on the 6th of May the passengers from a Third Avenue car were compelled to transfer, as he thinks, quite uselessly, as he judges that the car was in per- fect condition. On investigation I find that one of the motors of this car was disabled and that it ran into the shops on one motor. If Mr. Burden had used his engineering skill a little further, he could easily have ascertained this fact, and you will of course understand that, while a car might go with one motor at full speed for a short distance with a few people in it, it would not be fit for service. As to the alleged monotony of recurrence of these accidents on the Amsterdam Avenue Line, the Commission already knows that all of these cars are in very bad order and that I 121 have done and am doing everything I can to replace them and put those I have in better con- dition, and I expect to have them in satisfactory shape within a few weeks. In the meantime, I shall be very much obliged if the Commission and their complainants would practice some of the patience which I am compelled to use. Yours very truly, Copy sent to Wesley W. Burden, Astoria, L. I. Receiver. Third Avenue Railroad Co., May i6th, 1908. 65th Street and 3rd Avenue, New York City. Attention Mr. F. W. Whitridge, Receiver: Dear Sir: I beg to acknowledge receipt of copy of the communication which you sent to the Secretary of the Public Service Commission, regarding my complaint of the 12th inst., in the matter of being transferred from one Third Avenue car to another at i2Sth Street. You say in your letter that if I had used my engineering skill a little further I could have easily ascer- tained the fact that one of the motors on this car was burnt out. However, would advise that this is not the case, but rather with one motor out of order, the car when run at full speed would start slowly and with more difficulty and would not travel at the same rate of speed that it would with two motors, which would be readily recognizable ; the fact that this was not noticed leads me to the conclusion that the report which you have received was probably an incorrect one. I think I may supply an excuse for you. There were three or four Amsterdam Avenue cars in a row, and the all-wise Inspector at the intersection of 125th St. and Third Avenue decided that it would be more economical to the Third Avenue Railroad Co. to run three of these cars to the terminal of the Am- sterdam Avenue line than four. I have forwarded a copy of this letter to the Public Service Commission. Yours very truly, WESLEY W. BURDEN. Wesley W. Burden, Esq., New York, May 19, 1908. The Astoria Light, Heat & Power Company, Astoria, Long Island. Dear Sir: I have yours of the i6th replying to mine of the 12th. As you did not follow the car of which you speak into the shop and examine the motor, it seems to me that I am bound to accept the report of my employees, who tell me that the motor was out of order and that it was repaired the following day. I think you must agree that, as you did not examine the motor yourself and can only give me an expert opinion, I am bound to take this course. Yours truly. Receiver. [Copy.] WM. H. DAVIS & SON, Church Organs, 660 East 151st Street, Public Service Com. New York, May 9, 1908. Gentlemen : We have a serious complaint to make against the Union Railway on its transfer system. To-day we took a car on the Webster Ave. line which runs from the subway at 149th St. to 233rd St. and rode to 12a the terminal at 233rd St. and was given a transfer north. The next car was a New Rochelle car and when we entered it they refused to acknowledge the transfer and informed us we would have to take another car to 5th Ave. Mount Vernon and then board the same car and the transfer was good, but when we insisted that it was good north they admitted it was but we could not transfer at that particular point, as it was not mentioned on the transfer they had handed us. They threatened to eject us, but did not attempt it, but contented themselves with holding car at a standstill until we paid an extra fare. Would like to know if they have the right to refuse to accept transfers at that point or whether double fare must be paid or not. We enclose you the transfer and conductor's No., 1026, taken about 9 a. m.. May 9, 1908. Yours respectfully, (Signed) WM. H. DAVIS & SON. Travis H. Whitney, Esq., New York, May 14, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 13th enclosing communication from William H. Davis & Son in respect to a refusal on a New Rochelle car to acknowledge the transfer which they had received from a Union Railway car, and in reply thereto I beg to say that the New Rochelle car is under the juris- diction of Mr. J. Addison Young, who is the Receiver of the Westchester Electric Railroad Com- pany, and the complaint should be addressed to him. Yours very truly, Copy sent to Wm. H. Davis & Son, Receiver. 660 East 151 St., City. Tremont Taxpayers' Ass'n, Masonic Temple Building, New York City, May 25, 1908. Public Service Commission. Gentlemen: This Association asks your Commission to give the residents of Tremont a most needed improvement in the Trolley car service on Tremont Ave. The Union Railway Co. used to run cars across 3rd Ave., but for the past few years they have only run to 3rd Ave., compelling the passengers to get out on one side of 3rd Ave. and walk across 3rd Ave. and wait for 20 minutes or more for another car to finish their journey. Our Governor has promised us these improvements, and as your Commission represents the Governor in these matters, we take this means of notifying you. Hoping you will take action in this matter, and awaiting your reply. We remain >'ours, (Signed) TREMONT TAXPAYERS' ASSOCIATION. H. A. Rappolt, Secty. Frederick W. Whitridge, Esq., New York, June 10, 1908. Receiver, Union Ry. Co., 65th Street & Third Ave., New York City. I beg to call your attention to the fact that no reply has as yet been received to communication of the 27th ult. transmitting a copy of the complaint of the Tremont Taxpayers' Association of Washington Avenue, Borough of the Bronx, with respect to inadequate service on Tremont Avenue. Please give this matter your attention. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, C-2009 Secretary. 123 Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the loth and have to beg your pardon for having apparently neglected your letter of May 25th, enclosing letter from the Tremont Taxpayers' Association. As a matter of fact, I had handed that to some of the Union Railway officials, who supposed that the com- plaint had been disposed of through a conversation with Mr. Eustis some time ago, so the matter has apparently been neglected. It is now before me again, and if you will be good enough to give me a few days' more time in which to make a reply, I will have a full report made on the situation and communicate with you as soon as possible. Yours very truly, Receiver. WILLIAM T. MEREDITH & CO., 15 Wall Street, New York, July 2nd, 1908. William R. Willcox, Esq., Chairman Public Service Com., 154 Nassau Street, City. Dear Sir: I write to ask you to be so kind as look into the following, but should you not be the proper official to write to please let me know to whom I should write to. I have been living in the Rockingham, corner of Broadway and 56th Street for a little over a month, and I and my family are greatly troubled by the noise caused by the street cars. The noise is caused by the cars taking the slight curve at this point too fast. Should they run at a little slower rate, as they once and a while do, they would make very little noise. Thanking you in advance for your courtesy in this matter, I remain, Yours truly, (Signed) JOSEPH D. MEREDITH. New York, July 6th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your letter of the 3rd instant enclosing complaint of Mr. Joseph D. Meredith in respect to the noise on the Broadway cars. I have ordered that the cars be directed to slow down at the curve of which Mr. Meredith speaks. Yours truly. Receiver. 124 HENRY J. DAVISON, SO Broadway, New York, The Public Service Commission, July 2, 1908. Tribune Building, New York City. Gentlemen : I reside at 2787 Broadway, where there is a sharp curve on the Broadway tracks. The house is situ- ated between 107th and 108th Streets. I have lived in all parts of the world and heard all kinds of noises; but for sheer devilishness, in character, extent and persistence, the noise of the Broadway trolley as it strikes the curve, especially on the downtown track, excels anything in my experience. It is worse after 12 P. M. than any other time, as the cars evidently run on long headway and high speed, and do not slow up for this corner. The noise is bad enough when the cars go round the curve at slow speed. It would seem that all the broken glass in the universe had been shattered at that particular spot, and it lifts one fairly out of bed any time and all times between two and six in the morning. It is an outrage, and should not be tolerated. If companies' legal position and finances are such that you cannot compel the relaying of the tracks, I hope that you can issue an order to compel the motorman to slow up .almost to a walk in taking this curve. I know that others in the house have complained of this. Sleep is impossible, and the condition is intolerable, and I wish to add my voice of protest and ask that the matter receive your prompt and vigorous attention. Respectfully yours, (Signed) HENRY J. DAVISON. P. S. — I had little or no sleep last night. Travis H. Whitney, Esq., New York, July 6th, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 3rd enclosing Mr. Henry J. Davison's letter of the 2nd, complaining of the noise of the Broadway trolley, which he thinks "in character, extent and persistence of sheer devilishness, excels anything in his experience." I have directed that the conductors should be careful in going around these curves, so as to make as little noise as possible, but I suggest that the trouble is not solely with the cars but with the thermometer and the general disintegration of morale produced by long continued heat. I notice Mr, Davison's pitiful postscript, "I had little or no sleep last night," and I am able to sympathize with him about that, because I myself had little or no sleep last night, or the night before that; but the trouble with me is not trolley cars, but people in the streets, indigestion, and stray cats, and I venture to suggest to Mr. Davison a little more patience. Yours truly, Receiver. HENRY J. DAVISON, so Broadway, New York. Travis H. Whitney, Esq., July isth, 1908. Secretary, Public Service Commission, IS4 Nassau Street, New York City. Dear Sir: I beg to acknowledge the receipt with thanks of your esteemed favors and enclosures under date of July 3rd and 6th respectively. 125 I received from the Receiver of the Third Avenue Railroad, in re my complaint of the noise of the cars at 107th Street and Broadway DOWN TRACK, a copy of his would-be humorous letter, under date of July 6th. It is apparent that the Receiver of the road on this well-known highway in Greater New York takes the role of buffoon with cap and bells. He suggests that the trouble is not with the cars but with my de- moralized condition due to the heat, people on the streets, indigestion, and stray cats. I know not how to argue with a fool in his folly. It is not due to my demoralized condition and the loss of sleep, for I am thankful to say I spend four nights a week away at my country home on the Sound. I weigh 240 pounds, and, what is more to the point, I did not complain of the noise on the up track. The trouble is not due to the people on the streets, for after one P. M., when most of the noise is heard,, that part of New York is even more quiet than the country, for it lacks croaking frogs, baying dogs and errant roosters. Nor is the noise due to stray cats. I have lived in New York for 30 years, and would not see nor hear at night a dozen cats. I am glad that Mr. Whitridge has instructed his conductors to go round the curve slowly. He is a man of such seriousness and dignity that his conductors evidently take him as a joke. Possibly one out of ten I notice does go slowly ; the others have paid no attention to the order. If the funds under your con- trol do not permit of the expense of a man watching some night from eleven until four, I shall be glad to have you employ him at my expense. Whatever orders may be carried out in the day are entirely for- gotten at night, the very time when the trouble is most annoying. When the truthfulness of my assertion can be so easily and practically proved, a warfare of correspondence and bombardment of letters seems like a waste of time and good paper, and smacks of opera bouffe. While this noise is very annoying to me, I have entered into this correspondence more in a spirit of pro bono publico, than for any other motive. But from Mr. Whitridge's attitude it would seem as though I were kicking against the pricks. I thank you for your attention to the matter, and hope you may be able to accomplish something. Respectfully yours, (Signed) HENRY J. DAVISON. New York, July 20, 1908. Mr, Henry J. Davison, 50 Broadway, New York City. Dear Sir: I enclose herewith copy of my rejoinder to your letter of the 15th addressed to Mr. Whit- ney. If the difficulties which you find so serious, as the noise created by the Broadway cars, are not remedied, I should be obliged if you would communicate with me directly. I have every desire in the world to remedy any evil which is in my power, and it is a useless waste of time for you to ask the Public Service Commission to request me to do something I am ready to do on your request. Yours very truly, Enclosure Receiver. New York, July 20, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 17th enclosing Mr. Davison's reply to my letter to you. I am very sorry that he is so cross about the service of the Broadway cars. I had no idea of attributing to him loss of sleep from anything except what he said he lost it for. It was a particularly torrid 126 period, and while he was troubled with the noise of the cars, I wanted him to know that other people were troubled with other things just as bad, and I cited my own case of loss of two or three nights' sleep, from indigestion, cats and crowds, merely in order that he might see that all of us had our troubles. Yours truly. Receiver. New York, July 7, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 6sth Street and Third Avenue, New York City. Dear Sir: I beg to call your attention to a complaint from J. E. Price, Pastor of the Washington Heights Metho- dist Episcopal Church, situated at the corner of iS3d Street and Amsterdam Avenue, with reference to the noise produced by the operation of cars upon Amsterdam Avenue between iS2d and 154th Streets. From investigation, it appears that the primary cause of the complaint is the poor condition of the track. I quote from the report of the Electrical Engineer : "Beginning at a point about 50 feet south of the Washington Heights Methodist Episcipal Church and extending north about 100 feet, the rails of the northbound track are badly corrugated, and on the south- bound track corrugations exist on both rails, beginning on 154th Street and extending south about 100 feet and from a point about 30 feet south of the church extending south for about the same distance From 153d Street northerly to 154th Street the tracks are on an upgrade of from i to 2 per cent., and the cars pass- ing over these portions of the corrugated rails cause excessive noise, more especially the southbound cars, which attain considerable speed on the downgrade." It appears that the only relief to be obtained from this undesirable and unnecessarily noisy condition is the renewal of the corrugated rails, as corrugations, once started, will continue to increase. Please inform the Commission, at your early convenience, as to what the Third Avenue Railroad Com- pany can do to remedy the conditions above indicated and by what time such work may be done. Yours very truly, TRAVIS H. WHITNEY, EMR/TM Secretary. New York, July 8, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 7th instant. In reply thereto I refer you to the third paragraph of my report to the Bondholders' Committee of the 9th of May, of which I believe you have a copy on file at your office. I believe that the particular portion of the Amsterdam Avenue track re- ferred to by Reverend J. E. Price, is covered by that paragraph. Of course the rails ought to be renewed. Ten thousand other things ought to be done and are being done as expeditiously as they can be done. When they will be completed I do not know, and I decline to commit myself to any statement in respect thereto. Yours truly, Receiver. 127 Public Service Commission, New York, N. Y., July i8, 1908. Travis H. Whitney, Secretary, 154 Nassau St., New York. Dear Sir : In reply to yours of the 15th inst. relative to my complaint of the nth instant, I beg to inform you that on the 7th inst, accompanied by my wife and child, I hailed car No. 573, which left the Bronx Park Station of the elevated railroad at 5.58 P. M., when that car was fully a thousand feet from that station, en route to Mt. Vernon. Both the motorman and conductor saw my signals, but paid no attention to them. Being desirous of reaching home as early as possible, more particularly on account of a threatened down- pour of rain, I ran after the car and overtook it at the above-mentioned station. I informed both the motor- man and conductor that having failed to stop when signalled I desired them to wait for my wife and child, who were rapidly approaching; both refused to wait, making reply, "I am running this car." I then in- formed them I should report the matter, whereupon the motorman replied, "Report and be -." I could not see that either man displayed a number, and therefore cannot enlighten you in this respect. I regret exceedingly not having made a memorandum of similar treatment during the past six months, but I can state that on several occasions both my wife and myself have suffered insolence at the hands of conductors, one instance in particular being that of a conductor who placed his hands on Mrs. Rostock, and in addition to shoving her along in a very crowded car, roughly ordered her to move forward. Mrs. Rostock on that occasion did not have the protection of a male escort, and I understand some of the con- ductors are especially rude when such is the case. I would have made prompt reply to your letter but did not have the time for this purpose at my disposal until to-day. I thank you for your kind attention in this matter, and would suggest that it appears to me a good plan to have complaint cards printed and placed where passengers can secure them. Much information, I have no doubt, valuable to the Commission fails to reach that body because of ignorance as to how to proceed. Yours very truly, .; (Signed) J. H. ROSTOCK, Room F, 7 Army Building. Travis H. Whitney, Esq., New York, July 22, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 21st, enclosing Mr. Rostock's letter. Of course the matter which he complains of — if, as I suppose, he states the facts exactly — is outrageous and I will do my very best to have the thing investigated and the persons who are guilty punished. It is very difficult to deal with complaints of this character, unless we know the numbers of the motormen and conductors in fault, but as Mr. Rostock seems to be sure of the number of the car, I think we ought to be able to trace the people in this instance. Yours truly. Receiver. « J. H. Rostock, Esq., New York, July 22, 1908. - Room F 7, Army Building, New York City. Dear Sir: The Public Service Commission has sent me your letter of the 18th instant, and I enclose a copy of my reply to them. In addition to that I dfesire you to understand that it is the earnest 128 wish of this management to correct all such abuses as that of which you complain, and you can depend upon us to do everything in our power to see that they are stopped and the perpetrators of them punished. I venture also to suggest that a direct complaint to me saves me the trouble of writing two letters instead of one, and is equally effective. Yours very truly, Enclosure: i. Receiver. F. W. Whitridge, Esq., New York, August 4, 1908. Receiver, Third Ave. RR. Co., 65th St. & Third Ave., N. Y. C. Dear Sir: On July 2ist a letter received by this Commission from J. H. Rostock, complaining of insolent conduct on the part of conductors and motormen on Mt. Vernon cars, was transmitted to you with the request that you reply thereto by August 1st. On July 22nd you notified this Commission that the matter would be investigated, but since that time no further communication has been received from you. Your early attention to this matter will be appreciated. Yours very truly, CD/DMQ TRAVIS H. WHITNEY, C-2209 Secretary. Travis H. Whitney, Esq., New York, August 6, 1908. Secretary, Public Service Commission, ^, 154 Nassau Street, City. Dear Sir: I beg leave to acknowledge your letter of August 4th. On July 22nd I sent Mr. Ros- tock's letter with instructions to have the matter investigated and the'motorman and conductor who were at fault disciplined. Papers have not yet been returned, but I learn by telephone that the conductor and motorman have been reprimanded. Upon receipt of the papers I will write you further. Yours truly, RWK./F. Assistant to Receiver. Travis H. Whitney, Esq., August 8th, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York. Dear Sir : Replying to your letter of August 4th, and in supplement to Mr. Whitridge's letter of July 22nd, I enclose copy of letter this day written to Mr. J. H. Rostock, and also copy of the statement of the motorman. Yours truly, RWK./Q. Assistant to the Receiver, Enclo. 2. 129 Mr. J. H. Rostock, August 8th, 1908. Room F-7, Army Building, New York City. Dear Sir: Referring to your favor of July 18th. Papers on investigation have just been received by me. I enclose herewith copy of statement of the motorman. He will be ordered to call and see you. Yours truly, RWK/Q Assistant to the Receiver. Enclo. New York, July 29th, 1908. I am the motorman referred to in said complaint of the Public Service Commission, dated July l8th, the incident occurring on July 7th. The first I observed of this gentleman was when he crossed the south bound car, I was going north within ten feet of the south bound car. He signalled for me to stop; but it was impossible for me to stop, in that length of time so I went right along to Bedford Park, a distance of about three hundred feet. The gentleman approached me and threatened me with a complaint if I did not wait for him, his wife and child; I told the gentleman that he was unreasonable, that I could not hold up the railroad at the present time. I received two bells to go ahead and went along to Mount Vernon. I saw no wife or child with this gentleman. Yours respectfully, EDWARD PINE. Memo. Re-Complaint of J. H. Rostock. Frederick W. Whitridge, Esq., Receiver, New York, July 21, 1908. Third Avenue Railroad Co., 6sth Street and Third Avenue, New York City. Dear Sir: At 9 A. M. this morning, the 21st inst., this office was informed of a collision which occurred at 59th Street and Third Avenue between a car of the New York City Railroad Company, Sixth Division, and a Third Avenue car. The collision is said to have occurred at 12.14 A. M., July 21st, and a con- siderable delay followed. This accident appears to have been of some seriousness, and as it has not yet been reported by the Third Avenue Railroad Company, I have to request that you kindly cause report to be made. Very truly yours, GFD/CWT TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, July 22, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 21st. I am sorry there was a delay in reporting the condition at 59th Street and Third Avenue, but I understand that the report reached you shortly after noon, and 130 the explanation of the delay is that our people were so bedevilled by four or five shyster lawyers who appeared on the scene for the purpose of picking up cases, before and after they got there, that they were diverted from the main purpose of their duties, which is, as I understand, to keep the Public Service Commission informed of what occurs. Yours very truly. Receiver. - 1 • July 30th, 1908. Public Service Commission, 154 Nassau St., City. Gentlemen: Will you kindly investigate and advise me as to why the cars of the Third Avenue Railroad Co. are not allowed, according to new rule, to make a stop in front of the Grand Central Station, that is to say at a point approximating or coincident with the northwest corner of Fourth Avenue and 42nd Street? West-bound cars do not stop until they reach the northwest corner of Vanderbilt Avenue and 42nd Street. As the Grand Central Station is such a notable point of heavy traffic, it seems as if the inconvenience to passengers resulting from the arrangement referred to might very appropriately be made the subject of an investigation by one of your representatives. Hoping that you will have the matter looked into, and a remedy applied if desirable, I remain. Yours truly, (Signed) F. W. SAWARD, General Manager. New York, August ist, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of July 31st, enclosing letter of Mr. F. W. Saward, and in reply thereto I beg to say that the cars of the Third Avenue Railroad do not stop in front of the Grand Cen- tral Station, because it was thought by the receivers of the New York City Railway and by my- self that, as the westbound cars of the Third Avenue were obliged to stop in front of the portion of the Grand Central Station out of which passengers usually come, in order to allow the 4th Avenue cars to turn from 4th Avenue into 42nd Street — that is to say, the 42nd Street cars stop just east of the mouth of the 4th Avenue tunnel — it would be a very small hardship for the persons who wished to take those cars to walk from the exit of the Grand Central Station either to a point where the cars now stop — east of the mouth of the 4th Avenue tunnel as aforesaid — or practically across Vanderbilt Avenue to the point where they now stop on 42nd Street, just west of Vanderbilt Avenue. By so doing, all the westbound cars on 42nd Street and the 4th Avenue cars save an appreciable amount of time, and we do not think that the public is inconvenienced, except by being obliged to walk across the street to take the cars. I should be glad to hear whether Mr. Saward will examine the thing himself, and see if he does not think this is a desirable course, to pursue in the public interest. My conclusion is 131 that it saves a good many minutes for the public, both on the 42nd Street and the 4th Avenue Lines. Yours truly, Receiver. New York, August 5th, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 6sth St, & 3d Ave., New York City. Dear Sir: Referring to the matter of the stopping of the Third Avenue cars stopping in front of the Grand Central Station, brought up by F. E. Saward, I am in receipt of a communication from him in which he states that since receiving a copy of your communication to him he has spoken to you over the telephone and you agreed that the matter would be satisfactorily adjusted if a proper sign should be placed in front of the Grand Central Station, giving notice as to stopping point or points of the cars. Is it possible to arrange promptly the placing of such a sign? Very truly yours, TRAVIS H. WHITNEY, THW/EH Secretary. New York, August 7, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir : I have your letter of the 5th instant. The sign is now being prepared, to be placed in front of the 42nd Street Station. Yours truly, RWK./F. - Assistant to Receiver. New York, October i, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue RR. Co., - 65th Street & Third Avenue, New York City. Dear Sir: I beg to call your attention to a communication under date of August 7th addressed to the Commission by R. W. Kelley, Assistant to the Receiver, in the matter of the complaint of F. W. Saward with reference to a sign to be placed in connection with the operation of surface cars in the neighborhood of the Grand Central Station indicating at what point the cars are permitted to stop. The placing of this sign was promised in the communication above mentioned. Please inform the Commission by October 8th when such sign may be in position. Yours very truly, TRAVIS H. WHITNEY, Secretary. EMR/DMQ 132 Travis H. Whitney, Esq., New York, October 2nd, 1908. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have yours of the ist in respect to the matter of the complaint of F. W. Saward, about the sign to be placed in connection with the operation of surface cars from Grand Central . Sta- tion. According to Mr. Kelley's promise, that sign was prepared, but the Grand Central peo- ple have refused us permission to put it up. Under these circumstances, I do not see what we can do about it. I shall be very glad of any suggestion you can make in the premises. Yours truly. Receiver. Frederick W. Whitridge, Esq., New York, October 15, 1908. Receiver, Third Avenue Railroad Co., 6sth Street & Third Ave., New York City. Dear Sir: Again referring to the correspondence had with you in the matter of placing a sign in front of the Grand Central Station to indicate where cars of the Third Avenue Railroad stop, I beg to say that the Com- mission has received a communication from the General Attorney of the New York Central & Hudson River Railroad Company, under date of October 14th, to the effect that he has taken up the matter with Mr. Whaley, the General Superintendent of the Electric Division, who suggests that he would be glad to con- fer with your representative in respect thereto. The General Attorney expresses his belief that there will be no difficulty in securing permission to place in proper position a well constructed sign. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, C-2303 Secretary. Travis H. Whitney, Esq., New York, October i6th, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the i6th, and I will communicate with the General Attorney of the New York Central in respect to the matter of which you write. Yours truly, Receiver, Travis H. Whitney, Esq., New York, October 21st, 1908. Secretary, Public Service Commission, 154 Nassau St., City. Dear Sir: Replying further to your letter of October 15th in reference to placing a sign in front of the Grand Central Station, I have seen Mr. Whaley, General Superintendent of the Electric 133 Division of the New York Central Railway, and he says that he would be glad to confer with your representative in respect thereto. I have done what I could in this matter, and must let you and Mr. Whaley settle it be- tween you. Yours truly, Assistant to Receiver. Holy Cross Rectory, 329 W. 42, Tel. 1285 Bryant. Aug. 4/08. To the Receiver of the Third Ave. R. R , Dear Sir: Ever since the red cars of the Third Ave. R. R. began to run on 42nd St. the noise has become un- bearable. It is particularly pronounced in this block between 8th and 9th Avenues. The cars rush down the steep grade at a terrific rate, and the brake applied only adds to the appalling din. Even were it not for the present noise crusade I would never have appealed to you, for the noise is something of recent origin — namely, since the red cars were put on. 1 suggest that the speed on the down track be somewhat moderated, and thus the car could be controlled without the use of the brake. You can imagine the din that is created when the cars run as frequently as they do now. Very respectfully, CHAS. McCREADY, Rector. HOLY CROSS LYCEUM, Holy Cross Rectory, 329 West 42nd St., Tel. 1285 Bryant. Aug. 4, 1908. Dear Sir: I beg to draw your attention to the inordinate amount of noise created by the cars of the Third Ave. R. R. Company that pass through West 42nd Street. They rush down the incline from 8th to 9th Aves. at a terrific pace. This noise in itself is bad enough, but the brake is applied all the way, and the noise resulting therefrom is unbearable. This noise is something new, having become so pronounced since the Third Ave. R. R. Co. put its red cars on this line. I am very slow to complain of anyone or any company, nor am I moved to it solely because of the present "noise crusade," but particularly because it is a new nuisance and could easily be stopped. Very respectfully, (Signed) CHAS. McCREADY, Rector of Holy Cross Parish. E. A. M. Please investigate and report, stating action taken. R. W. K. 7/8/08. August 6th, '08. Mr. Edward A. Maher, General Manager. Dear Sir: I beg to acknowledge the receipt of your letter of the 5th instant, and letter attached, in reference to noise made by cars on the Forty-second St. Crosstown Division. I cannot say that I have noticed that these cars make any excessive noise, especially the red ones. I have given this matter my personal attention, and I find that the wheels of some of the cars do grind on 134 the rail and make noise, if the car is running at regular speed. I don't see any way to avoid this, but there is no unusual or excessive noise made. I will again issue an order instructing motormen to operate their cars slowly when passing the Holy Cross Church, and also instruct them to call the Inspector's attention to any car that in their opinion is exceptionally noisy. Yours truly, A. SUYDSTRUP, Superintendent. August 8th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau St., New York City. Dear Sir: Replying to your favor of August 6th with reference to complaint of Mr. Chas. Mc- Cready, Rector of Holy Cross Parish. The matter of investigation has been somewhat de- layed on account of the illness of our Superintendent. I will write Mr. McCready in refer- ence to his complaint on receipt of report. Yours truly, RWK-Q. Assistant to Receiver. New York, August nth, 1908. Reverend Chas. McCready, Rector Holy Cross Parish, 329 West 42nd Street, City. Dear Sir: Your favor of the 4th instant has been referred to me by the Public Service Commission. I have had the matter investigated, and have issued an order that the cars run more slowly in passing the Holy Cross Church. I have also instructed the inspector to call to our attention any cars which are exceptionally noisy. I hope by running the cars more slowly, much of the noise will be eliminated. Yours truly, RWK./F. Assistant to Receiver. Frederick W. Whitridge, Rec, New York, August 5, 1908. 42nd St., Manhattanville & St. Nicholas Ave. R. R. Co., 65 St. & 3rd Ave., N. Y. C. Dear Sir : Serious complaints have been made to this Commission relative to unnecessary noise made by the op- eration of cars and trains through the streets of the city. Inspections made by inspectors of this Com- mission indicate that if the companies should give closer attention to the condition of cars and tracks, a very considerable decrease in noise would result. Greater care in the lubrication and condition of the parts 135 of the cars and to the condition of track joints and switch points is accordingly urged upon the companies by this Commission. The Commission directs this improvement in the hope that the companies may voluntarily cause such a change in operation that formal proceedings by the Commission as to specific instances of faulty con- struction or operation may be rendered unnecessary. The Commission will, however, bring to your attention by correspondence specific complaints that are urgent and require immediate attention, and to which your immediate attention will be called, with the request that you may reply to the inquiries of this Commission as to what changes you will make with re- gard thereto, and by what date. As to the general improvement in the condition of equipment and track, so far as it relates to noise, the Commission will expect to hear at once of the steps that you are making towards improvement. Very truly yours. W. R. WILLCOX, THW/EAR Chairman. New York, August 5, 1908. Frederick W. Whitridge, Receiver, Dry Dock, E. B'way and Batt. R. R., 65 St. & 3rd Ave. New York City. Dear Sir: Serious complaints have been made to this Commission relative to unnecessary noise made by the op- eration of cars and trains through the streets of the city. Inspections made by inspectors of this Commis- sion indicate that if the companies should give closer attention to the condition of cars and tracks, a very considerable decrease in noise would result. Greater care in the lubrication and condition of the parts of the cars and to the condition of track joints and switch points is accordingly urged upon the companies by this Commission. The Commission directs this improvement in the hope that the companies may voluntarily cause such a change in operation that formal proceedings by the Commission as to specific instances of faulty con- struction or operation may be rendered unnecessary. The Commission will, however, bring to your attention by correspondence specific complaints that are urgent and require immediate attention, to which your immediate attention will be called, with the request that you may reply to the inquiries of this Commission as to what changes you will make with regard thereto, and by what date. As to the general improvement in the condition of equipment and track, so far as it relates to noise, the Commission will expect to hear at once of the steps that you are making towards improvement. Very truly yours, W. R. WILLCOX, THW/EAR Chairman. New York, August Sth, 1908. Frederick W. Whitridge, Esq., Rec, Union Railway Company, 65th St. & 3rd Avenue, New York, N. Y. Dear Sir: Serious complaints have been made to this commission relative to unnecessary noise made by the operation of cars and trains through the streets of the city. Inspections made by inspectors for this Com- mission indicate that if the companies should give closer attention to the condition of cars and tracks, a very considerable decrease in noise would result. Greater care in the lubrication and condition of the parts of the cars and to the condition of track joints and switch points is accordingly urged upon the companies by this Commission. The Commission directs this improvement in the hope that the companies may voluntarily cause such a change in operation that formal proceedings by the Commission as to specific instances of faulty construction or operation may be rendered unnecessary. The Commission will, however, bring to your attention by correspondence specific complaints that are 136 urgent and require immediate attention, and to which your immediate attention will be called, with the request that you may reply to the inquiries of this Commission as to what changes you will make with regard thereto, and by what date. As to the general improvement in the condition of equipment and track, so far as it relates to noise, the Commission will expect to hear at once of the steps that you are making towards improvement. Very truly yours, W. R. WILLCOX, Chairman. THW/RR. Frederick W. Whitridge, Esq., New York, August 4, 1908. Receiver, Third Avenue Railroad Company, 6sth Street and Third Ave., New York City. Dear Sir: Serious complaints have been made to this Commission relative to unnecessary noise made by the operation of cars and trains through the streets of the city. Inspections made by inspectors of this Com- mission indicate that if the companies should give closer attention to the condition of cars and tracks, a very considerable decrease in noise would result. Greater care in the lubrication and condition of the parts of the cars and to the condition of track joints and switch points is accordingly urged upon the companies by this Commission. The Commission directs this improvement in the hope that the companies may voluntarily cause such a change in operation that formal proceedings by the Commission as to specific instances of faulty construction or operation may be rendered unnecessary. The Commission will, however, bring to your attention by correspondence specific complaints that are urgent and require immediate attention, to which your immediate attention will be called, with the request that you may reply to the inquiries of this Commission as to what changes you will make with regard thereto, and by what date. As to the general improvement in the condition of equipment and track, so far as it relates to noise, the Commission will expect to hear at once of the steps that you are making towards improvement. A number of complaints have been received, to which your attention is now called, with respect to the noise On Amsterdam Avenue, at 75th Street 86th io6th " 117th I20th I42d-i44th " 153rd " On Broadway, at s6th " 86th 104th iioth Particularly between 107th and 108th Streets. Very truly yours, W. R. WILLCOX, Chairman. EH Mr. Edward A. Maher, August 7th, 1908. General Manager. Dear Sir : Referring to the Public Service Commission's communication of August 4th, 1908, to Mr. Frederick W. Whitridge, regarding complaints that have been made to them of unnecessary noise made by the operation of cars through the city streets, would beg to report as follows : At the time that Mr. Whitridge, as Receiver for the Third Avenue Railroad Company, took hold of the property, the roadway was in a very worn-out state, particularly was this true of the crossings and other 137 special work, and in order to keep the cars moving it was planned to put these vital parts in proper repair first. It was also decided to rebuild the lower section of Third Avenue Line between the Post Office Loop and Grand Street, renew the conductor rail on all the lines and rebuild that part of Amsterdam Avenue from 187th Street to Fort George. Work has progressed to the amount of the renewal of the special work at the following places: Third Avenue & 42d Street, 125th Street & Second Avenue, i2Sth Street & Lexington and Lenox Ave., crossover on 42nd Street & Seventh Avenue now under way. Material has been ordered for renewal of crossover on Third Avenue South of 42nd Street, crossover on Park Row South of Pearl Street, crossing at 34th Street & Third Avenue, repair parts for frogs at Post Office Loop, new connection to car barn at 65th Street & Third Avenue, new connections at Broadway & Manhattan Street and also at Manhattan Street & Amsterdam Avenue. (These two latter connections to permit of operating Broadway cars North to Fort George.) New crossover and two new "Y" tracks into car house at 129th Street & Third Avenue. All the material for the rebulding of the lower end of the Third Avenue Line and Amsterdam Avenue from 187th Street to Fort George has been ordered and some of the material is now being received. The Broadway line was found to be in bad shape, particularly in loose joints, and as soon as permits were secured for the opening of the streets to make repairs two gangs were put to work on this line, one working South and the other North, and good progress is being made. It is the intention to renew the rail on some of the curves on this line. In re the list of complaints to which the commission's communication refers, would advise that the first five are on the lines of the New York City Railway Company; the other points mentioned will have our prompt attention. Yours respectfully, WM. A. LOW. Mr. Whitridge, Mr. Mullaney, Mr. Bow. William R. Willcox, Esq., New York, August 8th, 1908. Chairman, Public Service Commission, 154 Nassau Street, City. Dear Sir: I beg leave to acknowledge receipt of your favor of August 4th and your three letters of the 5th regarding noise. In regard to the cars themselves, most of the cars that we are now run- ning are in good condition, and the others are being put in good condition as rapidly as possible. We have just ordered 150 new cars of the P. A. Y. E. type, which will improve the general con- dition of our rolling stock and allow opportunity for repairs of cars now in service. In regard to the complaints mentioned in your letter of the 4th, the first five — On Amsterdam Avenue at 75th Street 86th Street 1 06th Street 117th Street 1 20th Street — are at points operated by the Metropolitan Street Railway Company. As to the others, the men are at work and will soon put the track at the points mentioned in good condition. I enclose herewith copy of letter from Mr. Wm. A. Low, Engineer, Maintenance of Way, which states the facts in regard to condition of tracks. Yours truly, RWK-Q Assistant to Receiver. Enclosure. 138 Mr. Frederick W. Whitridge, Receiver, New York, August 13, 1908. 42nd St., Manhattanville & St. Nicholas Ave. R. R. Co., 65th St. & Third Ave., New York City. Dear Sir: Complaint has been received from Mr. Arnold Schrann, whose business address is 109 Front Street, New York, to the effect that there is excessive noise in the operation of the Amsterdam Avenue cars in the vicinity of 140th Street. Mr. William P. Ross, of Hamilton Place and 142nd Street, complains that the conditions of the tracks between 142nd and 144th Streets on Amsterdam Avenue are very bad, and that the cars are run at such great speed that life is made almost unendurable in that neighborhood. Our inspector finds that, from investigation of the conditions, the complaints are justified. He finds that the rail surfaces are badly corrugated on both the north and southbound tracks between 139th and 144th Streets, and mentions in particular a point on the east rail of the northbound track about seventy- five feet north of the northerly curb of 140th Street, another on the outer rail of the northbound track at a point about fifteen feet south of the southerly curb of 141st Street, and again on both rails of the southbound track for a distance of about thirty feet north of the northerly curb of 141st Street. He finds that the complaints as to excessive speed are sustained by the facts. It is found that the stop, which cars are required to make before crossing 139th and 140th Streets, both being fire stops, do not affect the speed between 140th and 145th Streets, where cars are frequently run at an absolutely reckless rate. It would seem that the conditions here could be greatly improved and the causes for complaint largely removed if motormen were directed that during the night time cars be run at half the present speed, and that until the tracks can be renewed or repaired a slower rate of speed be required at all times. A reply is requested by August 20th stating what action you will take in the premises. Yours very truly, GFD/CVVT TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., August 19th, 1908. Secretary, Public Service Commission, 154 Nassau St., N. Y. City Dear Sir: I have your letter of the 13th inst., with complaint of Mr. Arnold Schrann, of the noise in the vicinity of 140th Street, and complaint of Mr. William P. Ross as to track conditions between 142nd and 144th Street. I have given instructions that the cars be run slowly at these points until repairs can be made. Work under way at the present time will improve conditions at these points. In regard to the slow running, I might say that we are receiving complaints because cars are run more slowly. My letter to you of the 8th inst. explains what we are doing to improve conditions. Yours very truly, RWK-ML Assistant to Receiver. Copy to Wm. P. Ross, Hamilton PI. & 142nd St., New York City. Copy to Arnold Schrann, 109 Front St., New York City. Copy to E. A. M. 139 179 West 97th Street, Public Service Commission, . August 11, 1908. Tribune Building, Park Row, N. Y. City. Gentlemen: I beg to call your attention to the terminal facilities provided by the 3rd Ave. R. R. Co. at the foot of West 130th Street, wrhere the tracks are placed so closely together that passengers entering or leaving a car at the terminal are in danger of being struck by the adjoining car unless great care is used. Women and children are compelled to enter the cars through the narrow^ passage between the tracks. Yours truly, (Signed) CHARLES H. ISRAEL. Travis H. Whitney, Esq., August 19th. 1908. Secretary, Public Service Commission, 154 Nassau Street, N. Y. City. Dear Sir: I have your favor of the 13th enclosing a copy of letter of Charles H. Israel complaining of the terminal facilities at the foot of West 130th Street. I have arranged to have this matter looked into, and with a view, if the facts are as stated, to have the tracks separated, if possible. This is in the interest of the public and our- selves. I will be glad to a'dvise you when I get a report on this matter. I am enclosing a copy of this letter to Mr. Israel. Yours very truly, RWK-ML Assistant to Receiver. Copy to E. A. M. Copy to Charles H. Israel, 179 West 97th St., New York City. Frederick W. Whitridge, Receiver, New York, August 13, 1908. Third Avenue R. R. Co., 65th Street and Third Avenue, New York City. Dear Sir: Agreeable to my letter of the 5th inst. and your reply thereto by which an understanding was reached regarding the treatment of complaints of unnecessary noise and other minor complaints, I beg to call your attention to a complaint by F. M. Rogers, manager of the Hotel Regent, Broadway and 70th Street. Mr. Rogers states in substance that the 34th Street Ferry and Tenth Avenue Division of the Third Avenue R. R. Co., uses the middle of the block, on which his hotel is located, as a terminal. The cars are switched back at that point throughout the twenty-four hours, and in addition to the noise caused by these operations there are present at all times a number of railroad men who keep up con- versation, sometimes in a loud tone interspersed with shouts to each other. Employees frequently lounge about the entrance of the hotel, causing a partial blockade of the street and entrance to the building. Some features of the above complaint are not proper subjects for consideration in connection with the noise caused by the operations mentioned, but are given you somewhat fully for your informa- tion. 140 No investigation has been made looking to any radical change, but a reply is requested by August 20th stating the action which will be taken by you to eliminate the conditions complained of. Yours -"'ery truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. Travis H. Whitney, Esq., August 19, 1908. Sec. Public Service Commission, 154 Nassau St., N. Y. City. Dear Sir: I have your letter of the 13th inst. re complaint of F. M. Rogers of noise at the terminal, Broadway and 70th Street. I called the attention of the General Manager to this, with instructions to have pressed upon our men and inspectors the necessity to regard the rights and comforts of others, and to take pains to see that the least possible noise is made at this point. Yours truly, RWK-ML Asst. to Receiver. Copy to E. A. M. Mr. T. F. Mullaney, August 27th, 1908. Chief Engineer. Dear Sir: Returning herewith correspondence relating to complaints from citizens to the Public Service Commission in regard to defects on the Road Bed and Rolling Stock, beg to make the following report: Mr. Chas. H. Israel's complaint of August the nth, regarding terminal facilities provided at the foot of West 130th St., would say that there we have the standard track spacing of 10 feet and ^ inch, which allows about 2^/2 feet between the cars. To make such alterations as would provide more clear- ance, would entail a great deal of work, as it would necessitate the furnishing of all new special work for the crossovers, beside from the large expense of spreading the tracks. Letter from Mr. Whitney, Secy, of the Public Service Commission, dated August the 13th, regarding terminal of the loth Avenue cars at Broadway & 70th St., this is a matter to be taken up with the Superintendent of that division. From the same dated August the 13th, two letters referring to complaints made by residents on Am- sterdam Ave. & Broadway, regarding the condition of the track on these two lines, would say that the rail is badly corrugated at the locations specified, but I wish here to take an exception to the state- ment in one of these letters where Mr. Whitney states that his inspector corroborates the statements made by the complainants, and reports that the corrugations as much as ^ of an inch were found. In this particular place which he mentions, I hive had accurate measures taken, and the greatest depression found anywhere in the track was but 1-16 of an inch, and this was not where the rail was corrugated, hut was at a high joint and caused by the cars in passing over this joint, hammering on the low rail. Communications from Mr. Whitney, August the 14th and 17th, would report that in most cases there is some grounds for complaint, but would add that we have been going over the lines, fixing bad joints, putting in new rail at some of the curves at Broadway and have started to file some of the sections that are badly corrugated. This filing is being done as an experiment, and we find that it is going to work very satisfactory. And in addition to this, we are having designed a motor driven grinder, which we believe will show very good results. 141 Letter from Mr. Whitney of August the 20th, regarding condition of crossing at 53rd St. & Broad- way, this is a matter which they should take up with the New York City Railway Company, as they are supposed to maintain same. Letters of August the 20th, from Mr. Whitney, which also refer to bad joints and corrugation, would say that these are having attention together with the others previously mentioned. Regarding the complaint of the noise caused by the passage of Amsterdam Avenue cars over the switch at 138th St. & Amsterdam Ave., would advise that we have overhauled some of the joints on this work, but still there are some frog centers which have worked loose, and will have to be tight- ened up. In order to do this work, the old centers will have to be sweated out and re-babbitted. For this work we have placed an order for a heating torch. While no doubt the corrugations have some- what to do with the noise of the operation of cars, I believe that this noise is also somewhat aggravated on Broadway, from the fact that the tracks are directly over the subway, which is in close proximity to the surface of the street, and there will always be more or less noise on that account. Yours truly. Mr. Kelly, WM. A. LOW, Mr. Low. Engineer, Maintenance of Way. Travis H. Whitney, Esq., August 28, 1908. Secretary, Public Service Commission, 154 Nassau Street, N. Y. City. Dear Sir: In further answering to your several communications running from August 13th to Au- gust 20th, I enclose a copy letter from our Engineer of Maintenance of Way which shows what we are trying to do in abatement of the noise, etc., of which you complain. I believe we have complied with most, if not all, of your suggestions. In regard to Mr. Israel's complaint of August nth, your letter of the 13th inst., it does not seem practicable at this moment to do anything. In regard to. the complaint of Mr. F. M. Rogers, your letter of the 13th inst., at the ter- minal at 70th Street, would say that I made a personal examination at this point. I cannot see that Mr. Rogers has any sound reason to complain of us; the difficulty seems to be that of the public in waiting for cars, who congregate in front of his hotel and under his awning while waiting for the cars, and many of them of the colored population. There is necessarily some noise at a crossover, and Mr. Rogers suggests that it would please him to have this moved in front of some other person's premises. As to this, I make no comment. Yours truly, R. W. KEIXEY, R.W.K./K. Asst. to Receiver. Frederick W. Whitridge, Esq., New York, September 12, 1908. Receiver, Third Avenue R. R. Co., 65th Street & Third Ave., New York City. Dear Sir: I beg further to refer to the complaint of Mr. Charles H. Israel with respect to terminal facilities at the foot of West 130th Street. 142 From investigation it appears that conditions at this point are very unsatisfactory. Aside from the question of replacing the tracks, I beg to urge that a rearrangement of car storage and car switching be effectuated if possible, in order that it may not be necessary for disembarking passengers to leave from the side of the car opposite to which another car may be in motion. Such an arrangement can, I believe, be accomplished by a reassignment of tracks to the lines terminating at the 130th Street Ferry. Please inform the Commission by September 21st whether some improvement of the character above mentioned may not be made. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, C-2391. Secretary. Travis H. Whitney, E^q., New York, September 14, 1908. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 12th instant this morning in respect to the complaint of Mr. Charles H. Israel. I will have the matter looked into further and endeavor to communicate with you at an early date in respect thereto. Yours truly, Receiver. Frederick W. Whitridge, Esq., New York, September 17th, 1908. Receiver, Dear Sir: In regard to the complaint of Mr. Charles H. Israel in respect to the terminal facilities at the foot of West 130th Street, I have looked this matter up and at present we are running the i2Sth Street Crosstown cars in on the south stub and the boulevard cars on the north stub, the two center ones we use for cars awaiting their turn to leave. By this means passengers are enabled to get off on the side of the cars nearest the sidewalk and are not forced to get off between other cars. It is sometimes necessary to switch cars in on the two center tracks when boats are coming in or when there is a block on the other tracks. It is, of course, necessary for us to have extra cars here, as it is the only way in which we can keep the cars properly spaced on the Broadway line. However, as soon as Winter comes and we are running box cars, I think that all trouble will be avoided at this point. Yours truly, (Signed) JAMES A. ROOSEVELT, Assistant to General Manager. New York, September i8th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sit: Referring further to yours of the 12th instant in respect to the complaint of Charles H. Israel, I send you herewith copy of a report on the matter by one of my employees. I do not 143 see exactly what we can do in respect to this matter, any more than I see what we can do in respect to the conditions at Fort George. I have appHed for a franchise to make a loop in the latter case, which will not yield me a single extra nickel, and yet the Board of Estimate seem disposed to impose conditions which would make it impossible for me to construct that loop at a cost of forty or fifty thousand dol- lars entirely in the public interest and without any hope of gain. A loop at 130th Street is not possible. I do not think it is necessary, but if there is any- thing else which occurs to you that I can do, I shall be very happy to endeavor to do it. Yours truly. Enclosure: i. Receiver. ^ September 19, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 65th St. & 3rd Ave., New York. Dear Sir : With reference to the complaint of Charles H. Israel, we realize that there are difficulties surround- ing adequate operation at this point, but we are endeavoring to suggest that present operation be conducted in such a way that passengers would need to take cars on the middle tracks as seldom as possible. It appears from the report of Assistant to the General Manager to you that this is now being done. Very truly yours, TRAVIS H. WHITNEY, THW/EH Secretary. Travis H. Whitney, Esq., New York, September 21, 1908. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: In further reference to the complaint of Mr. Charles H. Israel, I passed some time at the 130th Street terminal yesterday, and I really think that any personal examination of the whole ground will show that the crowds are now being handled as well as they can be handled. Yours truly, Receiver. Frederick W. Whitridge, Receiver, August 13, 1908. 42nd Street, Manhattanville & St. Nicholas Ave. R. R. Co., • • 65th Street and Third Avenue, New York City. Dear Sir: Previous correspondence has been had upon complaints made by Joseph D. Meredith, of 15 Wall Street, and of Dr. J. B. Cromley, living at the Rockingham, Broadway and 56th Street, regarding the ex- cessive noise caused by the operation of cars at 56th Street and Broadway. 144 Under date of July 6th you wrote that orders had been issued requiring the cars to slow down at the curve complained of. The two complainants have again asserted that the noise continues practically the same as before, and that notwithstanding the promise of relief by slowing down, the conditions remain the same. An examination by our inspector seems to corroborate the statements made by complainants in re- spect to the speed maintained. He finds that the larger part of the noise is due to this excessive speed, al- though it is much increased by reason of the bad track conditions. Corrugations to the depth of as much as an eighth of an inch were found. It would seem that pending the time when permanent improvements can be effected, orders relative to slowing down and thus reducing by careful operation the noise, should be strictly enforced. A reply is requested by August 20th stating just what measures you will adopt for the enforcement of the order referred to and also what plans are contemplated looking to the betterment of the track lay- out ai the curve mentioned. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. Frederick W. Whitridge, Esq., Receiver, Aug. 14, 1908. 42nd St., Manhattanville & St. Nicholas Ave. R. R. Co., Third Ave. & 65th Street, New York City. Dear Sir: It was noticed in your reply dated August 8th to my letter of August 5th that improvements are now being made on the Broadway line, and that complaints regarding unnecessary noise at 86th and 87th Streets on Broadway would shortly be remedied. A complaint has been received from Mrs. Marion K. Chard, of 257 W. 86th Street, relative to ex- cessive noise in the operation of cars, and an investigation has been made by one of our inspectors. He re- ports in detail the improvements going on, which have been referred to, but find that the cars are habit- ually operated around the curve at 87th Street at a fast and reckless rate of speed, causing unnecessary noise. It seems proper to request that the curve at 87th Street shall be kept well greased, and that motormen be directed to take the curve at a much slower speed, and that on account of the condition of the tracks this slow speed be extended to cover the grade between 86th and 92nd Streets. Pending the completion of im- provements, which it is assumed are intended to cover the point referred to, it is requested that the sug- gestions above be put into force. A reply is requested by August 20th, stating just what action will be taken in the premises. Another complaint just received is that of A. H. Dickinson, 204 W. 92nd St., who alleges an intoler- able noise in the operation of cars below 91st Street. Yours very truly, TRAVIS H. WHITNEY, GFD/LER Secretary. New York. Aug. 14, 1908. Frederick W. Whitridge, Esq., Receiver, 42nd St., Manhattanville & St. Nicholas Ave. R. R. Co., 3rd Ave. & 65th Street, New York City. Dear Sir : Agreeable to my letter of August 5th, and your reply thereto, by which an understanding was had regarding the treatment of complaints of unnecessary noise and other minor complaints, I call to your at- tention : Complaint of Mrs. Charles L. Stix, 300 West 109th St., of unnecessary noise in the operation of cars at 109th St. and Broadway. Complaint of Mrs. Kirby Smith, 2787 Broadway, of noisy operation along Broadway from 107th to 109th Streets. Complaint of Henry J. Davison, of 50 Broadway, of excessive noise in the operation of cars from 107th to io8th Street on Broadway. 145 These complaints have been investigated and found to be justified. It is found that the tracks are in bad condition, being in many places badly corrugated, and that most of the noise is due to rapid op- eration of cars over said tracks. It is also found that excellent progress is being made by your company in the improvement of track joints and the tracks generally at different points on the Broadway line, a crew being found at work on the tracks at 103rd Street and Broadway. It is presumed that your plans in- clude repairs to the tracks on, up and past 109th Street, and that it will cure the defects complained of. A reply is requested by August 20th, stating whether this is a fact, and indicating at about what time it may be expected that improvements will be completed. Yours very truly, TRAVIS H. WHITNEY, GFD/LER Secretary. Frederick W. Whitridge, Receiver, New York, August 17, 1908. 42nd St.. Manhattanville & St. N. Av. R. R. Co., Third Ave. and 65th St., New York City. Dear Sir: Complaint has been received from Mr. H. G. Armstrong, 251 West 87th Street, of excessive noise caused by the operation of street cars between 87th and 88th Streets on Broadway. He alleges specifically that the difficulty seems to be at a point in the center of the block. Our engineer has made an examination and reports that the complaint was justified, as an undue noise is created by the passing of cars over the corrugated surface of the rails and over several depressions in the rails. The conditions as found on Au- gust 4th justify the request that new rails be provided in place of those corrugated or otherwise defective. A reply is requested by August 2Sth stating just the action which will be taken by you in the premises. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. August 19th, 1908. Travis H. Whitney, Esq., Sec. Public Service Commission, 154 Nassau St., N. Y. City. « Dear Sir: I have your letter of the 13th inst., with complaint of Joseph D. Meredith, and Dr. J. B. Cromley, of excessive noise at Broadway & 56th Street. i have arranged with our General Manager to have marks made at the points where cars must slow down and to give special instructions to our motormen to regard these marks, and to our inspectors to see that the orders are obeyed. New rails have been ordered for these bad places and will be put in place as rapidly as possible. The above precautions will also cover the complaints of Mrs. Marion K. Chard, and of Mr. A. H. Dickinson, referred to in your letter of the 14th inst., at 86th & 87th Streets and at 91st Street. I make the same reply to your other letter of the 14th inst. with complaints of Mr. Charles L. Stix, of noise at 109th Street, and Mrs. Kirby Smith,- of noise at 107th Street and 109th Street, and complaint of Mr. Henry J. Davison, of noise at 107th and io8th Streets and Broad- way. 146 The same reply will cover your letter of the 17th inst. regarding complaint of Mr. H. G. Armstrong, 251 West 87th Street, of noise at 87th & 88th Streets and Broadway. Yours truly, RWK/ML Asst. to Receiver. Mr. E. A. Maher, General Manager. August 19th, 1908. Dear Sir: I hand you four letters from Travis H. Whitney, Sec. of the P. S. C, under date of August 13th, two dated August 14th, and one August 17th, and copy of my reply thereto. Please see that the promises made are complied with and orders carried out, and return papers. Yours truly, RWK-ML Asst. to Receiver. Frederick W. Whitridge, Esq., New York, August i8th, 1908. Receiver, Third Avenue R. R. Co., Third Avenue and 65th Street, New York City. Dear Sir: Mr. C. G. Norris, Secretary and Treasurer of the Monarch Light Company, 40 West 125th Street, makes complaint of "nerve racking and incessant din" caused by the operation of cars between Fifth Avenue and Lenox Avenue on 125th Street. Our engineer finds that the complaint is fully justified. He finds that out of seventy- five rail joints inspected only forty-two were in good condition, and that the rail surfaces of both east and westbound tracks were considerably corrugated. The foundation under some of the joints was also defective. These conditions caused the wheels of passing cars to give out a loud pounding noise. The conditions as found on August nth were such as to justify the request that immediate repairs be made through this block so that relief may be afforded at once or that positive orders be issued to motormen to reduce the running of cars to about half speed. Reply is requested by August 25th stating just what action you will take in the premises. Yours very truly, TRAVIS H. WHITNEY. GFD/CWT Secretary. Travis H. Whitney, Esq., August 19th, 1908. Sec. Public Service Commission, 154 Nassau St.. N. Y. City. Dear Sir: Re low joints at 125th St. & Lenox Ave. I have your letter of the i8th inst. with Mr. C. G. Norris's complaint re above. We have succeeded in obtaining from the city officials a general authority to open the streets to make re- pairs where necessary. 147 Orders have been issued to have the tracks repaired at the above point forthwith. Yours truly, RWK-ML Assist, to Receiver. Copy to E. A. M. Frederick W. Whitridge, Receiver, New York, August 20, 1908. Third Avenue R. R. Co., Third Avenue and 6sth Street, New York City. Dear Sir: Complaint has been made by Rev. J. E. Price of excessive noise in the operation of cars past the Washington Heights M. E. Church at the corner of 153rd Street and Amsterdam Avenue. Our inspector finds that the noise has been materially eliminated by stop marks which have recently been placed for both rails. It appears, however,^ that some unnecessary noise is still inevitable from bad track, unless cars are operated at a slower speed. It appears therefore justifiable to request that pending permanent repairs to tracks and particularly during the hot weather, a uniformed inspector shall be detailed at the crossing of 153rd Street and Amsterdam Avenue on Sundays from 11 A. M. to 12.30 P. M. and from 8.00 to 9.00 P. M. for the purpose of enforcing slow movement of cars. This, with instructions to motor- men, should remove any cause for complaint. A reply is requested by August 28th stating whether such order has been put in force. - •• Yours very truly, GFD/CWT TRAVIS H. WHITNEY, Secretary. Travis H, Whitney, Esq., August 24, 1908. Secretary, Public Service Commission, ,..r 154 Nassau Street, N. Y. City. Dear Sir: Your letter of the 20th inst., regarding the complaint of Rev. J. E. Price at 153rd Street & Amsterdam Ave. has been received. The relief that you speak of had been ordered some time since, after talking with Mr. Price, and by him acknowledged from the pulpit. How the Inspector came to be removed, I do not know, but was ordered back there to be on duty yesterday and hereafter. Yours truly, R.W.K./K. ' Asst. to Receiver. Frederick W. Whitridge, Esq., New York, August 18, 1908. Receiver, 42d Street, Manhattanville & St. Nicholas Avenue Railroad Company, Third Avenue and 65th Street, New York City. Dear Sir: Complaints have been received of excessive noise caused by the operation of cars over the crossing at 42d Street and Second Avenue, and examination made by our Engineer shows that such complaints are 148 well founded. He reports that the special work at that point is in a most dilapidated condition. In one place the slot-rail frog and over 12 inches of the ball of the rail are missing. In another place the rail is broken and worn so that there is a depression 10 inches long and in some places as deep as one inch. These conditions justify the request that measures be taken for immediate relief. A reply is requested by August 25, stating just when and what action will be taken by you in the premises. Very truly yours, GFD/TM TRAVIS H. WHITNEY, Secretary. August 19th, 1908. Travis H. Whitney, Esq., Sec. Public Service Commission, 154 Nassau Street, N. .Y City. Dear Sir: Re crossing 42nd Street and 2nd Ave. I have your letter of the i8th inst. re above. By an agreement with the New York City R. R. Co., they were to attend to making repairs at this point. Inasmuch, however, as they have thrown over the belt line, we have already taken steps to get the special work for new switches at this point, and will put them in as promptly as possible. Yours truly, RWK-ML Asst. to Receiver. Copy to E. A. M. . August 25, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, N. Y. City. Dear Sir: Replying again to your letter of the 18th inst. and my reply thereto of the 19th inst. The Engineer in reporting on this case had in mind 42nd Street & First Avenue, the facts and my letter of the 19th stands good as regards that point. In regard to the complaint as to the crossing at 42nd Street & Second Avenue, I beg leave to state that the duty of maintaining this crossing devolves upon Messrs. Joline & Robinson, Re- ceivers of the Metropolitan Street Railway Co., and I would ask you to take the matter up with them. Yours very truly, R.W.K./K. Asst. to Receiver. 149 New York, August 20, 1908. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 65th Street & Third Avenue, New York City. Dear Sir: The Commission has received complaints of unnecessary noise caused by the passage of Amsterdam Avenue cars over the switch at 138th Street and Amsterdam Avenue. Investigation has been made and it is found that there is a left hand cross-over between 137th and 138th Streets ended by a spring switch with rails set for the straight. The tongue and train rail switch are apparently in good condition and the joints have evidently been recently reset, but there are several still in need of attention. Small pieces of rails have been inserted in the locality which are not in the best condition, particularly on inner rail of north-bound track about 25 feet south of the cross-over and straight rail. This is in need of immediate attention. The conditions as they are at present cause the maximum of the noise when cars with loose parts pass over them. As all south-bound cars are required to stop on the north side of 137th Street (to test the brakes), which point is about 20 feet south of the junction of the cross-over and straight rail, it seems proper to request that the stop mark, in order that slow movement may be insured, should be moved to a point about ten feet north of the cross-over, which would make it about 30 feet north of its present position. A reply is requested, stating what and when the contemplated permanent improvement of this switch and cross-over may be expected, and also stating whether the reduced speed order indicated has been put into effect. Yours very truly, TRAVIS H. WHITNEY, GFD/SA Secretary. August 28, 1908. Mr. E. A. Maher, General Manager. Dear Sir: The Public Service Commission in their communication of the 20th inst., in regard to the switch at 138th St. and Amsterdam Ave., request that the stop mark be moved 30 feet north of its present position, and they think that this will help conditions at that point. If this has not been done already, will you kindly see that it is done, unless there is some good reason for not doing so. When this is done I think we will have complied pretty nearly with all their requests. Yours truly, R. W. KELLEY, R.W.K./K. Asst. to Receiver. New York, August 20, 1908. Frederick W. Whitridge, Esq., Receiver, 42d St., Manhattanville & St. Nicholas Ave. R. R. Co., Third Avenue & 65th Street, New York City. Dear Sir: ^ Complaint has been received regarding excessive noise caused by operation of cars on the Broadway line from 113th to Ii6th Streets. The complainant, Mr. William Mowbrey, 604 East 115th Street, states that the "roaring and grinding" noise made by the cars is in his opinion due to the deteriorated condition of the rolling stock rather than to the condition of the tracks. 150 Our inspector reports that while the tracks are in some places corrugated, most of the joints have been put in good condition and that the noise complained of is principally caused by the condition of the cars and the additional fact that they run over the Subway, which comes up close under the pavement. A reply is requested by August 28th as to the conditions at the point mentioned, and what plans are in contemplation by you for any improvements or changes in the near future. As a crumb of comfort, I am glad to inform you that the accumulation of complaints which has been brought to your attention recently is growing less and that new complaints are falling off; also that we are now able to handle a large portion of the complaints received by reference to previous complaints bearing upon the same points already taken up by you and remedies provided for. Yours very truly, GFD/LER , TRAVIS H. WHITNEY, Secretary. Frederick W. Whitridge, Receiver, New York, August 20, 1908. '42d St., Manhattanville & St. Nicholas Av. Ry. Co., Third Avenue and 65th Street, New York City. Dear Sir: Complaints have been received from residents of the Bretton Hall apartment hotel at Broadway and 86th Street and from Mrs. Saul Smith, 25 West 84th Street, alleging excessive noise in the operation of cars over and including the crossing at 84th, 85th and 86th Streets and Broadway. Our inspector finds that the rails are somewhat defective directly opposite the entrance to Bretton Hall, but that the rail joints nearby have been recently repaired. A reply is requested by August 28th, stating just what action you will take in the premises. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, Secretary. Frederick W. Whitridge, Esq., Receiver, New York, August 20, 1908. 42d St., M. & St. N. A. Railway Company, Third Avenue & 6sth Street, New York City. Dear Sir : Complaint has been received from Mr. H. P. Stimson, Manager of the Hotel Cumberland, 53rd, 54th Streets and Broadway, relative to excessive noise caused by Broadway cars. Investigation has been made and it is found that a noisy operation prevails and it is due to a variety of causes, involving track conditions, as well as defective rolling stock. At 53rd Street crossing loose, chipped and improperly set hard centres were noted, also loose train rails, defective foundation and imperfect joints. There is a weak, depressed and loose crossing at a point where the train rail intersects the slot rail. Pending permanent improvements which, you said, are contemplated, it seems proper to request that a slow speed order be issued requiring that a movement of approximately one point be maintained at the point in question. A reply is requested by August 28th, stating what the contemplated improvements are and when their completion may be expected, and also stating whether the order relative to slow speed has been put into effect. Yours very truly, TRAVIS H. WHITNEY, GFD/HG Secretary. F. F. Mullaney, New York, August 25, 1908. Dear Sir : I am handing you four complaints of the P. S. C. dated the 20th inst. Please look up these matters and return the complaints with your report. Yours truly, R.W.K./K. R. W. KELLEY, Asst. to Receiver. 151 Travis H. Whitney, Esq., August 24, 1908. Secretary, Public Service Commission, 154 Nassau Street, N. Y. City. Dear Sir: I have your favor of the 20th inst., regarding complaint and noise at 53rd Street and Broadway. The responsibility for maintenance of this crossing rests upon the Metropolitan Street Railway Company, and you will kindly take the matter up with them. Yours truly, R.W.K./K. Asst. to Receiver. R. W. Kelley, Esq., New York, September 2, 1908. Assistant to the Receiver, Third Avenue Railroad Company, 65th Street & Third Ave., New York City. Dear Sir: Attention is called to the fact that no answer has yet been received to my communication of the 20th ult. in the matter of the complaint of William Mowbray with respect to noise arising from the operation of cars on Broadway, between 113th and Ii6th Streets. Yours very truly, EMR/DMQ TRAVIS H. WHITNEY, C-2082 Secretary. Travis H. Whitney, Esq., September 3, 1908. Secretary, Public Service Commission, 154 Nassau St., N. Y. City. Dear Sir: I have your letter of September 2nd saying that I have not answered your letter of July 20th regarding complaint of William Mowbray about noise on Broadway at 113th St. & 1 1 6th St.. By referring to my letter of the 28th ult. and enclosed report of our Engineer, in the last paragraph but one of said report, you will see that this letter is answered. In further answer to same, I think vou know that our rolling stock has, for the most part, been put in thorough repair, and we are putting all other cars through the shop as rapidly as possible. There is no question but that the subways being under the street and close to the surface accentuates very materially all noises in the street, but this is a condition which I see no way to remedy. I thought I had acknowledged the crumb of comfort, which I assure you I really appreciate. Yours truly, R.W.K./K. Asst. to Receiver. isa New York, September 2, 1908. R. W. Kelley, Esq., Assistant to the Receiver, Third Ave. Railroad Co., 65th Street & Third Ave., New York City. Dear Sir : I beg to call your attention to the fact that no response has yet been received to my communication of the 20th ult., in the matter of the complaint of the residents of Bretton Hall, Broadway and 86th Street, and from Mrs. Sol. Smith, 24 West 84th Street, alleging excessive noise in the operation of cars on Broadway. Yours very truly, TRAVIS H. WHITNEY, EMR/DMQ Secretary. ':-2294, 2415 September 3, 1908. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau St., N. Y. City. Dear Sir : [ have your letter of the 2nd inst., stating that your letter of the 20th ult,, regarding the complaints of residents of Bretton Hall, Broadway and 86th Street, and Mrs. Sol. Smith, of 24 West 84th Street, has not been answered. By referring to the last paragraph but one in our Engineer's report, forwarded to you in my letter of the 28th ult., you will find the answer. Yours truly, R.W.K./K. Asst. to Receiver. To the Honorable Public Service Commission. Sept. 2, 1908. Gentlemen: As a citizen and taxpayer of this city, I would respectfully call the attention of your honorable body to the service rendered to the public by the Ihird Ave. R. R. Co. The total disregard for the convenience of the traveling public and its flagrant violations time and again of the car ahead ordinance, and which appears to be considered by them a farce, is indeed astounding, and I think it's about time they were compelled by your body to give the public the service to which they are entitled. As an instance, I got on a car at i2Sth St. and Park Ave., at 11.50 last night. The car was com- fortably filled with passengers, and was marked to go to Post Office. When the car got to 3rd Ave. & 125th St. we were ordered to take the car ahead. This car was marked "Post Office" and was fairly well filled. I got aboard this car and was then obliged to wait 12 minutes pending the arrival of two other cars marked 65th St. & 3rd Ave. These passengers were also told to take car ahead, and took the car I was on and already crowded isles and steps, and after another wait of three minutes the car proceeded to go south. When we arrived at 67th St. & 3rd Ave., there were about 8 or 9 cars on the southbound tracks, which were apparently waiting to be switched into the depot, and after a wait of 12 or 15 minutes we finally arrived at 65th St., and we were again ordered to take the car ahead, and which I was obliged IS3 to do in order to get home. In other words, it took me exactly 50 minutes to go from 125th St. & Park Ave. to 59th St. & 3rd Ave. This is a nightly occurrence, and you can satisfy yourself of the truth of my statement by sending one of your inspectors there to investigate the service rendered to the public by this R. R. Co. As a citizen and a taxpayer, I consider it a crying shame that such a condition should be allowed to exist in a city like this for any length of time. I sincerely hope you will be able to right this flagrant abuse of the rights of the traveling public, who are obliged to use this line, and compel them to give us decent service at once, and without the prolonged waits at the points mentioned. I am, gentlemen. Yours very truly, (Signed) F. H. PETERMAN. Spring and Varick Sts., N. Y. New York, September 8th, 1908. Mr. E. A. Maher, General Manager. Dear Sir: In answer to the enclosed communication of the Public Service Commission of September 4th, en- closing communication to them from F. F. Peterman, of Spring and Varick Streets, of September 2nd, would say that on the night of September ist there were six fires on Third Avenue, which blocked us for the following length of time: — Block at 107th Street, both rails, from 11.30 to 12.10 P. M, There was a second block at 107th Street on account of fire, from 1.58 to 3.10 A. M. Another block at 102nd Street, from 3.35 to 3.52 A. M. Besides these three, there were three other fires on Third Avenue, which did not block us for more than five minutes. There was also one fire on Amsterdam Avenue at about 11.30, which blocked us for five minutes. I think this will account for passengers having to take "car ahead" and also for being delayed on that night. Yours truly, (Signed) JAMES A. ROOSEVELT, Assistant to General Manager. New York, September 9th, 1908. Public Service Commission, 154 Nassau Street, New York City. Dear Sirs : I have your letter of the 4th instant with complaint of F. H. Peterman in regard to cars ahead on the night of September ist. I enclose a copy of report of Mr. James A. Roosevelt. Assistant to General Manager, which I think will explain the situation. Yours very truly, RWK/F. Assistant to Receiver. Enclosure : IS4 September 3, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau St., N. Y. City. Dear Sir : Beg leave to acknowledge your favor of the 2nd inst. M^ith complaint of Philip Kearney, and enclose a copy of my answers thereto. Yours truly, R.W.K./K. Asst. to Receiver, enc. New York, Aug. 24, 1908. Gentlemen: I respectfully call the attention of your honorable Commission to the difficulty of obtaining trans- fers from the Third Avenue R. R. Co. Yesterday I requested a transfer immediately after payinp- my fare and was told to wait, although the car carried a sign stating that the conductor would issue a transfer only at time of payment of fare. I boarded the car at Fort George, and after a controversy with the conductor was finally able to get a transfer when the car reached 42nd Street. Aside from the above incident, it is a fact that transfers are difficult to obtain at all times. I have observed many instances when requests for transfers have been ignored. Respectfully, (Signed) PHILIP KEARNEY, 230 West nth St. The conductor's number was either 225 or 229, and the car left Fort George about 10.15 P. M. I enclose transfer received ^ of an hour after paying fare. Copy to Mr. E. A. Maher for action and return of paper, September 3, 1908, Philip Kearney, Esq., 230 West nth Street, N. Y. City. Dear Sir: The Public Service Commission has sent me a copy of your letter of August 24th complain- ing that conductor, whose number is either 225 or 229, had greatly delayed giving you a trans- fer, and that sometimes the request for transfers is ignored. I am very much obliged to you for calling attention to this matter, and regret that you are unable to give the conductor's number with certainty. I shall have the matter investigated and the conductor properly dealt with if I can identify him. Yours truly, R.W.K./K. Asst. to Receiver. 155 New York, September 14th, 1908. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: Referring to your letter of September 2nd in respect to the complaint of Mr. Phillip Kearney, I herewith enclose report on the matter by one of my employees, which is all the information I can give you in respect thereto. Yours truly. Enclosure: i • Receiver. Mr. E. A. Maher, New York, September 12th, 1908. General Manager. Dear Sir: I have investigated the enclosed report and have seen Conductors No. 225 and No. 229. They both of them deny any knowledge of this occurrence, also there is no record of this transfer having been is- sued to any conductor on August 23rd, and as you will notice it has not been punched by any conductor. I also sent Conductors No. 225 and No. 229 down to the address given by the complainant, Phillip Kearney, 230 West nth St. and the house was found to be a boarding house and no one there knew Phillip Kearney. Yours truly, (Signed) JAMES A. ROOSEVELT, Assistant to General Manager. F. W. Whitridge, Esq., New York, September 22, 1908. Receiver, Third Avenue R. R. Co., Third Avenue & 6sth Street, New York City. Dear Sir: Further referring to the complaint of Philip Kearney with respect to the issuance of transfers on the Third Avenue road, I beg to say that a mistake was made in copying the address of said complain- ant, who lives at 230 West iiith Street, not at 230 West nth Street, to which latter address the con- ductors, Nos. 225 and 229, complained of, were sent. Yours very truly, TRAVIS H. WHITNEY, EMR/DMQ Secretary. C-2454 Frederick W. Whitridge, Esq., New York, September 2, 1908. Receiver, Union Railway Company, 65th Street and Third Ave., New York City. Dear Sir: I beg to refer to the service rendered during the afternoon on Sundays on the West Farms Line of the Union Railway. From a preliminary investigation, made consequent upon numerous complaints, it appears that the service so operated is totally inadequate to take care of the traffic offering itself for transporta- tion, cars in many cases carrying 125% loads. 156 Because of the lateness of the season it appears inadvisable to institute any formal proceedin Commissioners. J STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the I C^a.sc No 1086 Application of THE THIRD AVENUE RAILROAD COMPANY for the Per- \ Order Granting mission and Approval of this Commission to the Construction and Operation of ( Application, an extension of the Street Surface Railroad on Fort George Avenue, Borough of Manhattan, City of New York. The Third Avenue Railroad Company having made application to the Public Service Commission for the First District by a petition, duly verified and filed, and accompanied by the documents required by the rules of practice of the Commission for the permission and approval of the Commission to the construc- tion and operation of an extension of its street surface railroad upon the route described in its statement of proposed extension duly filed pursuant to Section 90 of the Railroad Law with the Secretary of State and with the County Clerk of New York County, and in the franchise granted to said company by the city of New York under date of March 4, 1909, and being in the Borough of Manhattan, City of New York, a full description of said route being hereinafter set forth : And the Commission having fixed Friday, March 19, 1909, at 2 :30 o'clock in the afternoon, at the office of the Commission at No. 154 Nassau Street, Borough of Manhattan, City of New York, for a hearing upon said petition, and having directed that a notice of said application and hearing containing a description of the route in and upon which the company proposes to construct and operate said extension, be published in certain newspapers and at certain times specified by the Commission, and said hearing having been had by and before the Commission at the place aforesaid on March 19, 1909, and on March 23, 1909, Commis- sioner Maltbie presiding; and the said applicant, The Third Avenue Railroad Company, having appeared upon said hearing by Henry A. Robinson, its Counsel, and having presented proof of publication of notice of such application and hearing, as required by the Commission, and having presented its proof, whereby it satisfied the Commission that the construction and operation of said extension is necessary and convenient for the public service ; and the Commission having determined, after said hearing, that the construction and operation of the extension of said company's road, as described in the statement of proposed extension thereof, filed with the Secretary of State and with the County Clerk of New York County, and as de- scribed in said franchise, is necessary and convenient for the public service ; now therefore, it is 2l5 ORDERED, That said application be and the same hereby is granted; that the permission and ap- proval of the Public Service Commission for the First District is hereBy granted to the construction and operation by The Third Avenue Railroad Company of the extension of said company's line upon the route and as described in its statement of proposed extension, duly filed with the Secretary of State and with the County Clerk of New York County, and as described in said franchise, as aforesaid, said route being de- scribed in said statement and in said franchise as follows : "Beginning and connecting with the existing double-track street surface railway on Amsterdam Avenue, at or near the intersection of said avenue with Fort George Avenue; thence northerly, westerly and southerly in, upon and along said Fort George Avenue as it winds and turns, to its intersection with Audubon Avenue, with a loop terminal at said intersection, to be constructed within the present roadway of said Fort George Avenue." The permission and approval hereby granted shall not be construed as an approval by the Commission of the contract regarding said proposed extension entered into between said company by Frederick W. Whit- ridge, Receiver, on the one hand, and the City of New York on the other hand, dated March 4, 1909, ex- cept as to the grant of the right to construct and operate an extension of said Company's line over the route above described. It is further ORDERED, That this order shall take effect immediately, and shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. State of New York. • PUBLIC SERVICE COMMISSION For The First District, Tribune Building, 154 Nassau St New York, Jan. 6, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 65th St. & Third Ave., New York City. Dear Sir : — Relative to your letter of December 26th enclosing a form of contract for franchise with the City of New York covering the construction of a loop at Fort George, stating that you have asked for a tempo- rary permit to begin the work and asking the consent of the Commission to the immediate beginning of the construction of this loop under the temporary permit, I have to state that the Commission deems it inadvisable to consider the application for a certificate under the provisions of Section 53 of the Public Service Commissions Law until a franchise has been obtained. As soon as the franchise is granted application should then be made and the Commission will give prompt attention thereto. Very truly yours, THW/EH (Sgd.) TRAVIS H. WHITNEY. Secretary. Travis H. Whitney, Esq., New York, January 7th, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 6th in respect to franchise for a loop at Fort George, telling me that the Commission deems it inadvisable to consider the application for a certificate, under the pro- vision of Section 53, until a franchise has been obtained, and ignoring what I say about a tem- porary permit to begin work. This leaves me rather up in the air. Some time ago I wrote you and asked whether you wanted to see my franchises before they were finally completed or not, and you said "no." Subsequently the City authorities recognizing the necessity of saving time in the construction of the loop, gave me permits to 217 begin work in advance of the franchise. I began to collect material. Your counsel called me up and said that before acting under those permits, I should obtain the permission of the Com- mission. I asked for that permission and you now say that I must wait until the franchise is granted. Under these circumstances, I am in some doubt as to what I should do. Unless I receive further definite advices from you, I shall act upon my own judgment. Yours truly, Receiver. Frederick Whitridge, Esq., New York, January ii, 1909. Receiver, Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir: I desire to call your attention to a defect in the west rail of the northbound Third Avenue tracks at Rark Row. The defective spot is about opposite 33 Park Row between Ann and Beekman Streets. The head of a piece of rail has been broken off about 4J^ inches, from the joint. The passing of cars over this bad rail is accompanied by a loud noise and jarring of the surroundings, as well as of the passengers in the car. The damage, which is being done to rolling stock, as well as possible danger caused by this defect, will suggest upon investigation the repairs which ought to be made. Yours very truly, GFD/CWT ' Secretary. Public Service Commission, New York, January 12, 1909. 154 Nassau Street, City. Dear Sirs: — I have an unsigned letter from somebody written on your note paper, calling my attention to the fact that there is a broken rail opposite 33 Park Row. I am much obliged to the writer of the letter for this information. The whole of the track from Chatham Square down to the Post Office is in process of being relaid, but I will have this particular rail attended to prior to the whole work. Yours very truly. Receiver. TYSON & BROTHER. Hotel Manhattan, Forty-second Street and Madison Avenue. Public Service Commission. New York, January 14, I'^cg. Sirs: Would call your attention of the practice of compelling passengers on cars marked Broadway to 34th Street Ferry to change cars at Times Building and to stand in the snow and slush waiting for another car to come along ; also the switching of cars in front of the Belasco Theatre blocking the entire street ; this always occurs during cold or stormy weather and at the whim of two young switch tenders. Yours truly, (Signed) W. A. TYSON. 218 Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. New York, January 16, 1909. My dear Sir: I have yours of the 15th enclosing the communication of Mr. W. A. Tyson. Mr. Tyson's statements are a little broad when he talks about the practice of compelling passengers to stand in the snow and slush waiting for another car to come along. Of course we have no such practice, and there has been no snow or slush at the points he speaks of except upon two even- ings during the entire Winter. On the night of the 13th when apparently Mr. Tyson was in- convenienced, the condition of the snow removal in front of the "Times" Building was such that some cars had to be turned back. Mr. Tyson made a complaint yesterday which the Manager answered, and I enclose here- with a copy of his letter. I am most anxious to have this 42nd Street service suit the conven- ience of the theatre patrons, because they are a very important source of revenue to us, but it is quite evident that Mr. Tyson is cross and it is equally evident, for the reasons I have stated, that the 42nd Street Road has no such practice as he has presumed to complain to you of. Yours very truly. Enclosure : i Receiver. W. A. Tyson, Esq., New York, January 16, 1909. Tyson & Brother, Hotel Manhattan, City. Dear Sir: I have a communication from the Public Service Company enclosing your complaint to them of the 14th, and I enclose to you herewith copy of my reply thereto. Yours truly, Endorsed: i. Receiver. Travis H. Whitney, Esq., New York, January 19, 1909. Secretary, Public Service Commission 154 Nassau Street, City. My dear Sir: I send you herewith copy of Bill which I have had prepared and which has been intro- duced into the Assembly by Artemas Ward, Jr., together with copy of a letter which I am send- ing to the newspapers in respect thereto. I do not know whether the Public Service Commission will feel that this is a matter in which they can help me and the other Railroads, or not. I very much hope, however, that the general purpose of the Bill will commend itself to their good judgment, and that they may have 219 the opportunity and the disposition to say a good word for the Bill in the influential quarters which the members of the Commission frequent. Yours very truly, Knclosures: Receiver. 936 West End Avenue. Mr. Travis H. Whitney, Secy. Dear Sir: Will you kindly have the Public Service Commission give some attention to the condition of railway tracks at io6th Street and Broadway? A little tinkering was done in the fall, but with no lasting results, and with windows open for fresh air at night, sleep is impossible. If Receiver Whitridge can afford new cars, why are not some at least run over this Broadway track, which is patronized largely by people of refinement, instead of running them up and down Third Avenue, where cleanliness is at a discount, and nerves are an unknown quantity? The rails of the old cars are al- most as unbearable as last summer when all the windows were open. Yours truly, (Signed) JULIA VON W. MALLON. New York, January i6th, 1909. Travis H. Whitney, Esq., New York, January 20, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 19th in reference to the complaint from Julia von W. Mallon of 936 West End Avenue, and I enclose a copy of my reply to that lady. Yours truly. Enclosure : i . Receiver. Julia Von W. Mallon. New York, January 20, 1909. 936 West End Avenue, New York City. Dear Madam : The Public Service Commission have sent me copy of your letter to them of the i6th instant. In reply thereto I beg to say that the condition of the tracks at Broadway and io6th Street and at various other places has been subject to great consideration by me and my en- gineers, as well as the engineers of the Public Service Commission and the Health Depart- ment. The noise is due in part to the condition of the track and in part to other causes over which we have no control. I hope when it is possible to work upon the tracks in the Spring, to put all the worst places on Broadway in order, and in respect to the cars — I. expect within a few days to order cars even better than those now in service upon the Third Avenue line, which will enable me to supply the people of refinement and nerves on Broadway with the best cars in existence. 220 I should have been happy to do it before now, biU there are a good many things to do and my command of capital is not unlimited, and if I may respectfully say so, I commend to you the exercise of about one per cent, of the amount of patience which I am called upon to use every day. Yours very truly, Receiver. New York, January 19, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 65th Street and Third Avenue, New York City. Dear Sir: Our attention has been called to a matter, which, if correctly stated, may require some action by you to remedy it. It was stated that on January 8th at 7 :55 P. M. car No. 808 southbound on Third Avenue, arrived at 66th Street, where the passengers, numbering 35, were compelled to get off and take the car ahead, No. 776, which was already crowded above seating capacity. The destination sign on car No. 808 was turned blank, and there was apparently nothing the matter with the equipment. It was stated that this is a common prac- tice at that point. Will you please advise by January 28th whether it is a practice, and if so, explain the necessity for it, as it would appear to be a subject calculated to cause complaint. Yours very truly, TRAVIS H. WHITNEY. GFD/CWT Secretary. New York, January 21, 190Q. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 19th instant in respect to the inconvenience to the passengers of Car 808 on the evening of January 8th. In reply thereto I beg to say that your informant is in error. It is not a common practice to do any such thing as he states. What happens is this — in place of running dark cars from the terminals to depots when the rush service is over, it seemed to me to be more convenient for the public that those cars should run to the depots open, taking such passengers as oflFered, but with the depot signs. In the particular case of which your informant speaks, car 808, run 2561, arrived at 65th Street at 7.55 p. m., and had on board 15 passengers, not 35, and was carrying a 65th Street sign. The passengers were trans- ferred to the car ahead without inconvenience and car 808 put into the car house, the crew having finished their day's work, I had rather thought that running cars home to the barns at the end of the day open instead of "dead" was an improvement, and I feel sure that it is so unless the signs were misleading. I have looked into this particular case carefully and I am quite sure that the sign was clearly labelled "65th Street only." I may mention for your information that I am equipping the new cars with the illuminated 221 signs similar to those which appear on the Fifth Avenue omnibuses, which will make it still more difficult for the public to be misled or to mislead itself. Yours truly, Receiver. New York, January 25, 1909. William R. Willcox, Esq., Chairman of Public Service Commission, 154 Nassau Street, City. Dear Mr. Willcox: I am a good deal disturbed about the proposal of the Board of Estimate and Apportion- ment to lower the tracks of the 42nd Street Road, so that the cars will pass under Fifth Ave- nue. This would be a very serious business for the 42nd Street Road, as they will compel it to pay a large part of the expense. It would be very inconvenient for the people who use those cars and from the public point of view it seems to me to be quite senseless. The scheme origi- nated with a feather-brained architect, who wanted to provide a place for a statue of old Samuel Tilden. I understand the trustees of the library are opposed to it, certainly they are not in favor of it, and I do not see how anybody who desires the beauty of the City — what there is of it — to be maintained, could tolerate the notion of putting two Park Avenue tunnel entrances in 42nd Street — that is about what this will amount to — making a great hole in the middle of the block on each side of Fifth Avenue. The figures which have been presented to the Board in respect to the traffic show to my mind clearly enough that there is no necessity for the thing, if they will widen the street at 42nd Street as they have the right to do and as they ought to do, and I do not see how it can possi- bly be done without interfering with the subway, such as I suppose you will ultimately have built under Fifth Avenue. The thing comes up before the Board of Estimate on next Friday, and I write to urge you, if you can do anything to stay their ruthless hands, to do it. Yours truly. Receiver. New York, January 26, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 6sth St. & Third Ave., New York. Dear Sir: — Receipt is herewith acknowledged of your letter of January 25th, addressed to Chairman Willcox, regard- ing proposal of the Board of Estimate and Apportionment to lower the tracks of the 42nd Street road so that cars will pass under Fifth Avenue. Your letter will be brought to the attention of the Commission immediately. Very truly yours, WILLIAM J. NORTON, WJN/EH Assistant & Acting Secretary. 222 New York, January 25. 1909. Wm. R, Willcox, Esq., Chairman, Public Service Commission, 154 Nassau Street, New York City. Dear Mr. Willcox: I send you herewith the Constitution of the Third Avenue Railroad Employees Asso- ciation, for which you asked me the last time I had the pleasure of meeting you. Eighty-four per cent, of the men have joined and the Company now pays in $1 for every dollar paid in by the men. The amount payable in case of death is temporarily fixed at $135, but if these funds accumulate, as I thirik they will, that sum will be materially increased. Both the amount of that and of the amount of the pension to be paid, can only be determined by the insurance ex- perts, after the Association has been running a little time. I think, as you said, that this Asso- ciation is of considerable sociological interest. Yours very truly, Enclosure : Receiver. New York, January 26, 1909. Dear Mr. Whitridge : I have yours of January 2Sth enclosing booklet containing the Constitution and By-Laws of the Third Avenue Railroad Employees Association. I am very much obliged to you for your courtesy in sending it to me, and after reading it, I shall forward it to the office of the Civic Federation, for I think it will be of much interest to the workers of that organization. Yours very truly, W. R. WILLCOX. To Frederick W. Whitridge, Esq.. Receiver, Third Avenue Railroad Company, 65th Street & Third Ave, New York City. New York, January 25th, 1909. Frederick W. Whitridge, Esq . Receiver, Third Ave. RR. Co., 65th St. & Third Ave., N. Y. C. Dear Sir: Herewith is transmitted a certified copy of an Order in Case No. 1047 adopted by the Commission at its meeting on January 22, 1909. In connection with your acknowledgment of receipt hereof I beg to call your attention to Section 23 of the Public Service Commissions Law. Yours very truly, TRAVIS H. WHITNEY, DMQ Secretary. Enc. Case 1047 223 ^ Order for Hearing. Case No. 1047. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the question of Improvement in and Addition to the Service and Equipment of the Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its Receivers; Third Ave- nue Railroad Company and Frederick W. Whitridge, its Receiver; in respect to Fenders and Wheel Guards and Safety Devices used in connection therewith on surface cars operated in the Boroughs of Manhattan and the Bronx, City of New York. IT IS HEREBY ORDERED that a hearing be had on the 4th day of February, 1909, at 2.30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Com- mission, No 154 Nassau Street, Borough of Manhattan, City of New York, State of New York, to inquire whether the regulations, practices, equipment, appliances or service of the Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its Receivers; Third Avenue Railroad Company and Frederick W. Whitridge, its Receiver; Forty-second Street, Manhattanville and St. Nicholas Avenue Rail- road Company and Frederick W. Whitridge, its Receiver; Dry Dock, East Broadway and Battery Railroad Company and Frederick W. Whitridge, its Receiver; Union Railway Company and Frederick W. Whit- ridge, its Receiver ; Central Park, North & East River Railroad Company ; Second Avenue Railroad Company and George W. Linch, its Receiver; 28th and 29th Streets Crosstown Railroad Company and Joseph B. Mayer, its Receiver; New York City Interborough Railway Company; Westchester Electric Railroad Com- pany and J. Addison Young, its Receiver; Southern Boulevard Railroad Company; Pelham Park Railroad Company; City Island Railroad Company, and Kingsbridge Railway Company, in respect to transportation of persons or property in the First District are unreasonable, unsafe, improper or inadequate in that cars are not equipped and operated with suitable fenders and wheel guards and safety devices used in connection therewith, and to inquire whether changes, improvements and additions to fenders and wheel guards and safety devices used in connection therewith ought reasonably to be made to promote the security or convenience of the public or employees of the companies, and if such be found to be the fact then to determine: (i) Whether each of the said companies shall be directed to equip, maintain and operate on each and every car operated by it in the Borough of Manhattan or in the Borough of the Bronx suitable fenders and wheel guards and safety devices used in connection therewith of a type to be approved by the Public Service Commission for the First District. (2) Whether any other changes, improvements and additions in equipment and regulations be directed by the Commission as necessary to the effective operation and use of fenders and wheel guards and safety devices used in connection therewith. All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable. FURTHER ORDERED: That each of the said companies be given at least five (5) days' notice of such hearing by service upon each of them, personally or by mail, of a certified copy of this order, and that at such hearing each of the said companies be afforded all reasonable opportunity for presenting evi- dence and examining and cross-examining witnesses as to the matters aforesaid. 224 STATE QF NEW YORK, PUBLIC SERVICE COMMISSION— FIRST DISTRICT. METROPOLITAN STREET RAILWAY COMPANY. Re-hearing as to fenders, wheel guards and safety devices used on- surface cars in the Boroughs of Manhattan and the Bronx. J. Hearing Order in Case No. 1047. New York, May 24th, 1909. 4.00 P. M. Before HON. MILO R. M.^LTBIE, Commissioner. Appearances : H. H. WHITMAN, Esq., Assistant Counsel for the Public Service Commission, First District, At the direction of Commissioner Maltbie, the rehearing was declared closed. HEARING CLOSED. New York, January 2(>, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, - - '- 154 Nassau Street, City. My dear Sir: I have yours of the 25th enclosing to me five copies of your Order for Hearing in Case No. 1047, ^"*i inviting my attention to Section 23 of the Public Service Commission Law. I have read that section accordingly, which seems to be all I am called upon to do in the premi- ses. If there is anything else I shall be obliged if you will inform me. Yours truly. Receiver. New York, January 29, 1909. Frederick W. Whitridge, Esq., Receiver ... Dry Dock, East Broadway & Battery R. R. Co., 65th Street and Third Ave., New York City. Dear Sir: Your attention is called to Order No. 437 of this Commission requiring certain information as to car motors, car bodies and car trucks to be filed semi-annually July ist to 20th and January ist to 20th of each year. This semi-annual staterrient from your Company was due January 20th inst., and has not been filed. Will you kindly give the matter your attention? Very truly yours, TRAVIS H. WHITNEY, JBW/GSM Secretary. 225 New York, January 30, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 29th calling my attention to the reports required by Order 437. I will look the matter up at once. Yours truly, Receiver. New York, February 3, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: Replying to your favor of the 29th ult. re Order 437, I hand you herewith table of car trucks, table of car motors and table of car bodies, dated January ist. Yours truly. Enclosure: 3 Assistant to Receiver. New York, February 4th, 1909. Mr. J. W. Kelley, Assistant to Receiver, 3rd Avenue R.R. Co., 6sth St. & 3rd Avenue, New York City. We are in receipt of your favor of the 3rd inst. relative to Order $437 of this Commission, and beg to acknowledge the three tables enclosed. Very truly yours, TRAVIS H. WHITNEY, RHN/LEK . Secretary. New York, February 6, 1909. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. Dear Mr. Maltbie: I promised you the other day to send you a statement of when we can finish equipping our cars with the guard which I have ordered. I am informed that it will take about two months to complete the whole business. Of course you know my views about the wisdom of making an Order in respect to things which have been done or are being done. I think it is confusing, and therefore unfor- 226 tunate to make an order under those circumstances, but as I think I said, I see no objection to the Order which you propose for the Third Avenue Road. Yours very truly, Receiver. New York, February 8, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I send you herewith plans and specifications, first — for two hundred cars ordered by me, second — for the controllers for those cars, third — for the air brakes, fourth — for the motors. The contracts for this equipment were signed more than three weeks ago, but I have only to-day been able to get copies of the plans for you. Please acknowledge receipt of same, and believe me. Yours truly. Receiver. New York, February loth, 1909. F. W. Whitridge, Esq., Receiver, Third Avenue R. R. Co., 6sth St. & Third Avenue, New York City. Dear Sir: — Receipt is herewith acknowledged of copies of plans and specifications — First — for 200 cars. Second — for controllers. Third — for air brakes. Fourth — for motors. Yours very truly, WJN/GML TRAVIS H. WHITNEY, Secretary. New York, February 11, 1909. Frederick W. Whitridge, Esq., Receiver, 42nd Street, Manhattanville & St. Nicholas R. R. Co., 65th Street and Third Avenue, New York City. Dear Sir: Among the numerous complaints received regarding excessive noise caused by the operation of street cars on Broadway, in the neighborhood of loist Street, have been several from Mr. Egerton Brown, 30 Broad Street. Investigations have been several times made and the matter brought to your attention by correspond- ence. It appears that the complaints arise from noise produced mainly by the bad condition of the tracks and by overspeeding and reckless operation of cars by the motormen. Observations made on January 30th during the hour from midnight to i :oo A. M. showed that on Broadway, immediately north of the intersection of looth Street, the speed of cars varied from 10.90 to 227 iSn^s^^ies pjff h^vri The. speed, vari^tiQij depended upon the atops made at intersecting .streets- and the ,ia-- terference of vehicles and pedestrians.^ To cite a specific msta^ice of recklessness, a car, , which was bqard- ed at Manhattan Street and Broadwajr at about" ii :50 I^. M., January 30th, was operated over 117th Street cross-over at a high speed, approached stop marks recklessly, was brought to a violent stop, followed an auto on down grade from Ii6th Street at a distance not exceeding 25 feet from it with the power on loop, and continued for fully 200 feet without change. At i loth Street another auto preceded the car and the motorman coritmued the same tactics, following closely and at a high speed until 107th Street, where he was obliged to stop on bell signal. At lo8th Street he ran past a man and woman who gave proper signal to stop. The car stopped^ som^e distance beyond them. The inspector gave signal in ample time to stop for 99th Stf eet,' hxit the mc^torlnan -wa^ unable to bring the car to a standstill until midway between 99th and^ 98th Streets. There seems to be sufficient evidence from the repeated observations that not billy the ordinanqes as to speed, but the operating rules of your company are frequently, if not habitually, violated by motormen over the tracks in question. Recognizing the necessity of maintaining schedules and the public demand for rapid transit, the public interest in respect to safety as well as the comfort of people living in the neighbor-!- hood, seems to require that special efforts be made to eliminate as far as possible the causes of these com- plaints,, especially from 'midnight to morning, when reasons for speed hardly exist. ' ' TJ^p platter., is submitted to you M this inioxmal way, pursuant to the understanding which was had, some time since in reference to the treatment of rninor complaints, with request that you reply by February 23rd stating' in" defail' the iki^asufesM^hich 3^1/ will take for ScLtisfying the complaints. Yours -very truly. ^ : ^ : ' ' ■ >: TRAVIS H.. WHITNEY, GFD/CWT Secretary. <^-i769 . / Travis H. Whitney, Esq., New York, February 13, 1909. Secretary, Public Service Commission, ' ^■^■'154. Nassau 'Street, City. My dear Sir: I have yours of the nth, for which I am much obliged to you. Mr. Egerton Brown of 30 Broad Street and his complaints, I have concluded, after an , investigation, to.be rather un- reasonable. Nevertheless, I have myself had so many complaints about the service on upper Broadway, that some time ago I instructed Mr. Roosevelt, one of our superintendents, and two special men to report to me on the situation there, and only yesterday received their re- ports, the result of which is that I have^concluded to get a new superintendent for that Divi- sion as .sDC«> /aV I can find one; The service there is not satisfactory, the rules are not obeyed, and while i think Mr. Brown is a fussy person, it is quite true that the situation on that Line must be changed. --;- '■= ".'-" -•''-'■' :-'"-■ -^^ Yours truly, Receiver. Mr. Frederick W. Whitridge, New York, February 17th, 1909. Reyieiyer,, 3rd Ave* R.- R. Co., , .' )55th St -& ard Ave., • New York City. Sir: ,.,...... ,.^,.,^,^,,_..._ ...^_.^: ._..,._,,. r., .. ,. . , , In connection with the Public • Service Commission's Order Noi 437, will you kindly favor us witli more detailed information by replying at your earliest convenience to the following questions : I. How many of the old double truck closed cars are equipped with G. E. No. 21b motors, and how mahy with Westifighouse E. & M. No. 56 motors? 228 ' 2, How manjfj j:f,.«in|r, awvequipped^Kith -motors o^,©ther: types .a ^ro.-, :,- . 3. How many of the blH't^eh- cats are equii)iied- -with"' G^/^ -1^. '•2i0i'W E. ft'-Mi" No. g6 and other motors, respectively? ,.;;'. .:;i •;:--v-r:' Y';~ tu-iv :n:.: ■; 4, If any of- the new cars, closed or open, are equipped with motors other than. G. ^. No. 210, or any of the old single truck cars with motors other than Wiestinghouse E. &,M.. No, 68, pleai^e ..state how, many of each style, giving type of motor in each case. ,,., _ .._ . .•,.\:._ , -^ . . • . ■[ Very truly yours, ■ • ' • ■■ : RH/LEK .1 TRAVIS H; WHITNEY, Secretary. ■ Travis H. Whitney, Esq., New York, February 19, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir; I have yours of the 17th instant asking for riiore detailed inforpiation in an$wer to the four questions therein stated, and beg to reply as follows: First. — 86 of the old double-truck closed cars are equipped with G. E. 210 motors and 100 with Westinghouse 56 motors. Second. — All of the double-trudc closed cars are equipped with either G. E. 210 or West- inghouse 56 motors. Third. — 17 of the old open cars are equipped with G. E. 210 motors, 133 with Westing- house 56 motors. 35 not equipped with motors. The equipments of these cars are to be re- moved from the double truck closed cars. Fourth. — All of the new closed cars are equipped with G. E. 210 motors, and all of the new open cars are equipped with Westinghouse 56 motors. All of the old single truck closed cars are equipped with Westinghouse 68 motors. Yours very truly, Receiver. Frederidc W. Whitridge, Esq., New York, February 23rd, 1909. Receiver, Third Ave. Railroad Co., 65th St. & 3rd Avenue, N. Y. City. Dear Sir: We are in receipt of your favor of the 19th inst. pertaining to the Public Service Commissioner's Order No. 437, for which please accept our thanks. Very truly yours, TRAVIS H. WHITNEY, RHN/LEK Secretary. JOSEPH DARLING, . , Attorney and Counsellor at Law, 116 Nassau Street, Public Utilities Commission, New York, Feb. i6th, 1909. New York City. Gentlemen : — On Sunday, the 14th instant, I took a northbound car on the Third Avenue surface line, at about 5 130 P. M., and asked for the best transfer to West 103d Street. I was given the enclosed transfer by the- 229 conductor, with the advice to take the lioth Street crosstcwn line going west, I waited one-half an houi at the corner of uoth Street and Third Avenue, and then asked the druggist on the southwest corner of these streets whether there was any special headway under which the uoth Street cars were running. He said that they ran two or three cars a day to keep their franchise. It was raining, and as I had not brought change, I had to walk to West 103d Street in the rain. I walked on uoth Street to Eighth Avenue, but no car ran westward for the three-quarters of an hour that I was on uoth Street. The transfer that I enclose also contains the false representation that cars are running on uoth Street, which is based on the pro forma operation of the road. I hear that many persons are deceived and swindled by this misrepresenta- tion every day, and it would seem time to stop it, I would like to receive a reply to this letter. Respectfully, (Signed) JOSEPH F. DARLING. New York, February 23, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City, Dear Sir: I have yours of the 20th enclosing the complaint of Joseph F. Darling. All I can say in reply to this complaint is — that the conductor who recommended a passenger to take uoth Street car is a wonderfully stupid conductor, and had no business to do anything of the sort. I entirely sympathize with Mr. Darling's complaint, and I am very sorry that he should have been so incommoded. I should have thought, however, that anybody who practices Law in this town would know more about the geography of it than Mr. Darling appears to have known. The uoth Street line is, as you are aware, not electrified and no cars have been for many years run over that line except for the purpose of maintaining the franchise. I hope this spring to have my motor cars in use there, at least experimentally. Yours very truly. Receiver. . New York, February 23, 1909. Joseph F. Darling, Esq., 116 Nassau Street, City. Dear Sir: I send you herewith a copy of my answer to the Public Service Commission, to your complaint of February i6th. Yours truly, Receiver. 230 Enclosure: i. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. : 1, Wagenhals and Kemper, and others, Complainants, against Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Company and Frederick W. Whitridge, as Receiver of said Forty-second Street, Manhatttan- ^ ^ ^^ ville & St. Nicholas Avenue Railway Company, the Metropolitan Street Railway r Hearing Order Company and Adrian H. Joline and Douglas Robinson, as Receivers of said Metro- politan Street Railway Company, and the Broadway & Seventh Avenue Railroad Company, Defendants. "Location of Tracks at Times Square." Pursuant to the Public Service Commissions Law, it is hereby ordered that a hearing be held at the office of the Commission, 154 Nassau Street, New York City, on the 2nd day of March, 1909, at 2.30 P. M., upon the annexed petition of Wagenhals & Kemper and others, to the end that the Commission may after such hearing make an order directing such changes in the tracks mentioned in the annexed petition as in its judgment ought reasonably to be made and that notice of such hearing be given to all parties interested by the service upon them of a certified copy of this order. TO THE HONORABLE THE BOARD OF PUBLIC SERVICE COMMISSIONERS OF THE FIRST DISTRICT, 154 Nassau Street, New York City. Gentlemen : The undersigned, taxpayers and business men, call attention to the unnecessarily large number of car tracks which now encumber the surface .of Times Square. At any point between Forty-third and Forty-seventh Streets, passing from one side of Broadway to the other involves the crossing of at least four car tracks, while at Forty-fifth Street, where the lines of the Metropolitan and Third Avenue roads join each other and are connected by crossovers, pedes- trians are obliged to cross no less than six tracks. It is also to be noted that this group of tracks is at the point where Times Square is narrowest; that is, at the south side of Forty-fifth Street. The distance between curbs at this point is only the width of Broadway — 60 feet — and it will doubtless be apparent to your Honorable Board that the placing of six car tracks within this space, even though it were necessary, constitutes an excessive encumbering of the street surface, besides resulting in a congestion of traffic and a constant menace to the safety of pedestrians. By the arrangement of the tracks at this point (45th Street) there are at certain times two moving cars going north or south parrallel to each other, thus making the crossing a most dangerous one. Your commission will remember the protest raised in regard to running four tracks on Amsterdam Avenue. Certainly, the idea of having four tracks on Broadway throughout its length would be incon- ceivable, and yet by the combination of tracks used by three diflferent roads converging at this point (45th Street) the eflfect of four tracks is produced. Particularly as it is not necessary, we feel that this condition of affairs should be remedied as soon as possible and therefore submit the alternative plan shown on the accompanying map for the dispo- sition of car tracks in Times Square. These changes include the removal of the present Broadway tracks of the Metropolitan system from a point just north of Forty-third Street to Forty-fifth Street and the removal of the tracks of the Third Avenue Railroad from a point just south of Forty-fifth Street to Forty-sixth Street. At the southerly end of Times Square, it would be feasible to connect the Broadway and Seventh Avenue tracks at a point midway between Forty-third and Forty-fourth Streets, and at the northerly end of the Square at a point near Forty-sixth Street. The undersigned submit as reasons why these changes should be made the following: 231 (i) Surface car traffic through the narrowest part of Times Square at Forty-fifth Street will be confined to two tracks, instead of spread out over six, as at present, thus adding probably too per cent, to the amount of street surface available for vehicles at that point and greatly reducing the danger to pe- destrians. ... (2) At no point between Forty-third Street and Forty-seventh Street will passage ffom one side of Times Square to the other involve the crossing of more than four tracks. (3) These four tracks, moreover, under the proposed plan, are at the broad ends of the "Square," where there is room for them, and not crowded together as are the present six tracks at Forty-fifth Street. (4) The crossovers and switches connecting the Broadway and Seventh Avenue Lines will not be concentrated at one point, and that point directly in line with the traffic of a crosstown street, as is now the case at Forty-fifth Street, but will be located — one in the middle of the block between Forty-fifth and Forty-sixth Streets. (5) It will be possible to provide an Isle of Safety at Forty-fifth Street, where there is at present not sufficient room for one, and we are advised that the public-spirited citizen, whose generosity was responsible for the two Isles of Safety at Forty-fourth Street and midway between Forty-fourth and Forty-fifth Streets will complete the group by the addition of another at Forty-fifth Street. (6) All north and southbound cars will run on one continuous line from the south side of Forty- fourth Street to the north side of Forty-fifth Street. (7) The proposed plan will not in any way interfere with any route now in operation and pro- vides for the operation of cars by all posible combinations of routes as far as the Broadway, Seventh Avenue and Forty-second Street lines are concerned. The undersigned respectfully petition your Honorable Board to take such action as may be neces- sary to bring about the foregoing changes. SIGNED: Wagenhals & Kemper, Lincoln A. Wagenthals, Aster Theater. The Greenwich Bank, 1531 Broadway, New York City, Geo. A. Chapman, Mgr. United Cigar Stores Co., No. 458, 45th St. and Broadway, E. L. Mapp, Mgr. Chas. E. Rector, National Conventions Ass'n, 1531 Broadway, Edward E. deMoyelle, Pres. Daniel J. Mackintosh, 1539 Broadway. Wm. C. Munchenheim, Astor Hotel. The New York Theatre Co., By Klaw & Erlanger. Herman Bach, 1538 Broadway. L. H. Rothschild Co., 1536 Broadway. Hartford Lunch Co., per C. R. Keesling, Mgr. City Motor Service, By C. A. M. Elbourne, Pres. Wm. Vogel & Son. 232 Travis H. Whitney, Esq., New York, February 23, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have your Hearing Order No. 1068 in respect to the location of tracks at Times Square. My first impressions are that it would be desirable not only for the public, but for the Com- panies as well, to make some such change as the petitioners desire. I am, however, quite clear that I have no power to act in the matter and I do not think the Commission has power to compel me to abandon any part of the property entrusted to me. I shall, therefore, not attend the Hearing, and I beg that you will treat this letter as an an- swer from me at that time. Should the Commission, however, conclude to make any order in the premises, I will submit it to the Court for instructions. I think, on reflection, you will see that the Court also — although it has once or twice, with the consent of the bondholders, authorized me to make additions to the trust property confided to my care — would be unwill- ing, even if the consent of the owners of the property could be obtained, as it cannot be, to direct that any part of that property should be abandoned. I trust, therefore, that you will see your way to postpone any action on this business until after the foreclosure sale of this property and the reorganization of the Metropolitan. Yours truly, Receiver. Frederick vv'^. Whitridge, Esq., Receiver, New York, February 24, 1909. Dry Dock, East Broadway & Battery R. R. Co., 42nd St., Manhattanville & St. Nicholas Ave. R. R. Co., Third Avenue R. R. Co., 65th St. & Third Ave., New York City. Dear Sir: The time is approaching when it will be necessary to put into use open cars or whatever form of equipment is to be used by you during the summer months. The Commission assumes that you are preparing to have these cars and equipments put in first class operating condition before the season opens and to keep them up to the highest standard of efficiency while in use. In order that the Commis- sion may Know what you are planning to do, will you kindly advise what steps are being taken or will be taken towards thoroughly overhauling all rolling stock before the summer season opens? Respectfully yours, TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, March ist, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir: I have yours of the 24th informing me that "the time is approaching when it will be nec- essary to put into use open cars or whatever form of equiptiient is to be used by me during the 233 summer months," and stating that "the Commission assumes that I am preparing to have these cars and equipments put in first class operating condition and to keep them up to the high- est standard of efficiency while in use." You also request me, in order that the Commission may know what I am planning to do, to advise you "what steps are being taken or will be taken toward thoroughly overhauling all rolling stock before the season opens." I might easily re- sent these inquiries, for they are rather like asking if my house is in order, but I suppose, in view of the history of these companies, I am bound to admit that they are excusable. I am, therefore, happy to assure you that the Commission's assumption — that I am pre- paring to have the open cars put in first-class shape and that I intend to keep them in that condition — is correct. I have ordered two hundred open cars with P. A. Y. E. platforms for use on the Third Avenue Road, and I hope to get authority to buy seventy-five more of the same sort for use on the Broadway Line. Some objections have been made to giving me authority to make this latter purchase, but I hope nevertheless to get these cars, although I find that, including the vari- ous daily, monthly, quarterly, semi-annual and annual reports to your honorable body, I am compelled to make no less than 6,044 several reports yearly, and this I think you will agree not only limits the amount of time my office can give to the running of the road, but still more limits the amount of time I can devote to persuading people who object to my proposals that they ought to withdraw their objections. If, however, they are withdrawn or obviated, I shall have 275 new cars of the type I mention in operation upon the Third Avenue and 42nd Street Lines, and I shall have two hundred in any case. As to the old cars, the work which I am doing in respect thereto is substantially as fol- lows: The 182, twelve bench, double truck, open cars were thorou^ly overhauled and re- painted during the months of April and May of last year, and 50 twelve-bench, double-truck, open cars were delivered to us new during the month of July last year; 32 of the overhauled cars are going through the General Repair Shop at the present time, and beginning with March 1st, all these open cars will be turned out of the shop at the rate of four per day, until the 232 cars have been thoroughly overhauled, which will be about the first or second week in May. 100 of the old cars will be repainted and varnished, and the remaining 82 old cars, and 50 new ones, will be thoroughly cleaned and revarnished. The trucks and motors of all cars are being put through the new truck repair shop and thoroughly overhauled, all defective parts, such as worn wheels, gears, pinions, brake shoes, bolts, etc., are being removed and replaced. All bearings are being repacked. The brush holder tension is being readjusted, the fields, arma- ture and electrical apparatus in general is being tested and repaired when found necessary. The controllers, resistance, light circuits, cables and all other wiring on the car bodies is being given a very careful inspection. All circuit breakers are being recalibrated. The car bodies, curtains, seat-s, steps, etc., are being thoroughly overhauled by the wood- working force, and all defective parts, such as warped steps, torn curtains, etc., are being removed and replaced. In order to maintain our present high standard of efficiency on this equipment during the summer months, all the cars will be given a casual inspection by the pit men, once every 24 hours. Brakes, controllers, motors, etc., are to be inspected at the end of every 1,000 car miles. At the end of 10,000 car miles, the car will again be put through the new truck repair shop, 234 where the trucks and motors will be given a general overhauling, all bearings repacked, and all defective parts replaced. In short, we are endeavoring to do everything consistent with good judgment, and a rea- sonable expenditure of money, to maintain these cars in the best possible condition, as I ven- ture to think you might reasonably have supposed we would. Yours very truly, Receiver. Frederick W. Whitridge, Esq., New York, March 2, 1909. Receiver, 42nd St., Manhattanville & St. Nicholas Av. R. R., Third Avenue and 65th Street, Dear Sir: I refer herewith for your information copy of a communication from Joseph R Darling, 116 Nassau Street, which may be of interest to you as indicating certain dissatisfaction with your answer dated February 23rd to his complaint dated February 20th. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, C — 3203 Secretary. End. JOSEPH F. DARLING, Attorney and Counsellor at Law, 116 Nassau Street, New York. Feb. 24th, 1909. To the Hon. The Public Service Commission for the First District : I beg to notify you that the answer of Receiver Whitridge of the 23rd instant to my complaints of the i6th and the 20th instants, does not, in my opinion, satisfactorily explain the complaints, and I take exception to the said answer, as filed by the Receiver. 1st — Because by not controverting my statement that the transfer-slips of the Third Avenue Railroad Company falsely represent that there is a transfer at iioth Street, when, as he admits, there is not, — he justifies my complaint ; 2nd — Because he does not state why neither horse-cars, or any other cars are running on iioth Street, and does state that all car service is substantially abandoned, thus justifying my complaint; 3rd — Because his explanations contain personal and unofficial matter aside from the justice and strictly legal aspect of the complaint, and this extraneous matter, irrelevantly injected into a return which is prac- tically made in default of any answer, is improper and should be stricken out. In reference to the irrelevant sentiments of Mr. Receiver Whitridge, there is a satisfaction that a Receiver is not, in this case, apparently, like a corporation, soulless and unkickable. To the sentiment of sorrow that he expresses for the unlucky passenger who relies on the false state- ment on the transfer, I would reply that fairness to the passenger by the Receiver will obviate this sorrow. If the transfers of the Receiver told the truth, or, in case the car-service promised by the transfer- slips were present instead of being, as they are, entirely absent, the grief of the Receiver would be spared. In regard to his feeling of surprise at my ignorance of the geography of the town (?!), I admit that my ignorance of how to read transfer-slips has been cured by means of the method that many persons have been obliged to employ, viz. : by waiting in the rain for the promised car and then inquiring around the neighborhood as to whether the failure of the cars to run is an accident or an institution. The kind hopes of Mr. Whitridge as to how soon the representations on the transfer slip will be made truthful, exhibit a touching benevolence, worthy of all our respect. The lofty, condescending tone of this servant of the people, who is indifferent to the misrepresentation on the transfers that seems fairly imputable to him, is obnoxious to Americans, who expect neither super- ciliousness nor cringing in dealing with the public, on the part of their public officials. 235 ,, The. mpral eminence from which the .Receiver views the trifling and negligible inconveniences of passengers, seems curiously analogous to the altitudinous regions where the high-financiers manufacture the spurious securities that have caused all the troubles of the surface lines. There is something so remote and independent in the situation of all who have had to do with giving street-car service to New Yorkers! Could the strength of the Receiver be considered in some way as merely a continuation of the strengtli of the jugglers of these securities? Accepting, for the sake of argument, that" the Receiver should, as such, omit the surplus of moral sentiments that he does in this case and from time to time in other connections, why not omit them on tehalf of the passengers instead of in such a way as to accrue to the benefit of those that the moralizing Receiver knows have oppressed and are oppressing passengers, viz.: of those who have juggled with the securities and property of the railroads in the Receiver's hands? If the extraneous moral sentiments are in order, why not expend them on the absence of common honesty in railroad management, instead of on the absence of a knowledge of geography and the interpretation of transfers? Why not put in the adver- tising space of the cars, "THOU SHALT NOT STEAL RAILROADS, EXTORT HIGH FARES TO PAY FRAUDULENT SECURITIES AND FALSELY FIXED CHARGES, NOR ISSUE SUCH SE- CURITIES"? Here is a field for a moralist, indeed. Why further discourage complaints of a people already convinced of the futility of complaining? Why not investigate from the beginning who are the authors of the public service situation, if there is any more voluntary and supererogatory moralizing, and sentimentalizing to spare? The discretion of the annointed impeccability of the Receiver is so wide, that there is no doubt a good reason and answer, but we would like to know them. Discrimination against the passengers and the public and in favor of the owners of a vested right in a flagrant and continuing wrong, is something that we would like explained, when it comes to selecting the objects of the Receiver's censure. Wendell Phillips' description of one sycophant of special privilege was that he ran to do the dirty work of his masters before he was told. As the function of the Receiver is to preserve the assets of his company and to continue the rights and duties of the same under order of the Court, his lectures to passengers will, or should be succeeded by lectures to those guilty of moral if not legal larceny in the history of his roads". Thus, and only thus, can he establish a reputation as being an impartial censor of the moralities of all parties to the traction situation. Returning to the issue, as disregarding the irrelevant considerations that the Receiver has invited, I beg to ask that the service on the iioth Street Line be restored immediately, or reason shown; and transfers conform to the truth. Yours respectfully, (Signed) JOSEPH F. DARLING. Travis H. Whitney, Esq., New York, March 3rd, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir: I have yours of the 2nd enclosing a communication from Mr. Joseph F. Darling, which certainly indicates some dissatisfaction on his part with my letter of February 23rd. I read his communication with interest. I am able to extract nothing from it to my credit, except that he agrees that I am neither soulless nor "unkickable." If you want me to have any. further communications with him, let me know. Yours truly. Receiver. Frederick W. Whitridge, New York, March 2nd, 1909. Rec. 42nd St., Manhattanville & St Nicholas Ave. R. R. Co., 65th St. & 3rd Av., N. Y. City. Dear Sir: I beg to transmit herewith copy of Rule XXVI, adopted February 23rd, 1909, to be added to the rules of procedure of the Public Service Commission for the First District. 236 This rule governs all applications for extensibn of time to file reports required by the Commission, and is effective at once. Very truly yours, WJN/EAR . TRAVIS H. WHITNEY, Enc. Secretary. RULE XXVI. OF THE RULES OF PROCEDURE OF THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT, ADOPTED FEBRUARY 23, 1909, Governing Application for Extension of Time to File Reports. RULE XXVI. — Application for Extension of Time for Making and Filing of Reports. — An application by any corporation or person for an extension of the time within which it is required to make and file any report with the Commissitjn shall be in writing, by verified petition, filed before the expiration of the period extension of which is deemed necessary, and setting forth in detail (i) what, if any effort has been made by the applicant to prepare such report; (2) any facts tending to show why the said report cannot be made and filed within the time prescribed; (3) any other facts which may make an extension of time necessary or proper; (4) the further period of time deemed necessary by the applicant witliin which to make and file such report. The Commission may hold a hearing upon said petition and in that event the applicant shall attend 'before the Commissioner presiding and produce such witnesses and documents in the matter as the Commission shall require. New York, March 3rd, 1909. Travis H. Whitney, Esq., ■-> Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir: I have yours of the 2nd enclosing Rule 26 in respect to adjournments for making reports, for which I am much obliged to you. Yours truly. Receiver. New York, March 3, 1909. F. W. Whitridge, Esq.. Receiver, Third Avenue Railroad Company, i6sth St. & Third Ave., New York. Dear Sir: Relative to the specification for the two hundred new pay-as-you-enter cars. I am instructed to send you the following copy of a report made by the Electrical Engineer of this Commission : "In re specifications 200 new P. A. Y. E^ Convertible Cars — Third Ave. RR. Co, "Referring to the specification furnished by the Receiver of the Third Avenue Railroad under date of February 8th, covering the two hundred new P. A. Y. E. Convertible Cars ordered some, three weeks since for that road, the following comments are returned : "ist. — The specifications, together with the prints which accompanied them are concise and clear, except in the matter of the air brakes, of which the type is left entirely indeterminate, and regarding the manner of their connection with truck rigging, and with the hand brakes, no information is included. Likewise the clearance of the sand box above the rail is not given and the location of the headlight is yet ta be determined. 237 "2nd. — It is noted that these cars, like those of the previous order of P. A. Y. E. cars for these lines, are equipped with maximum traction trucks and 2-niotor equipments, regarding which this Bureau contends that the disposal of any considerable proportion of the load upon non-driven wheels is but a sacrifice of track adhesion which cannot but tend, under frequent conditions, to lessen the reliability of service and to aggravate the congestion of public thoroughfares already overcrowded and by increased wheel blow multiplies the production of noisy rail joints. "3rd. — There are noted several special features in these cars, such as the stepping of the corner posts, etc., that tend to increase the safety of passengers and to prolong the life of the car, but the arrange- ment of the conduits for all the underbody wiring is particularly to be commended as evidencing careful and successful effort towards simplicity and reliability. "It is not believed that cross seats and a two-foot aisle are well adapted to the short travel on these lines. "Attached please find blue prints as mentioned in this report." Very truly yours, THW/EH TRAVIS H. WHITNEY, Secretary. Travis H. W^hitney, Esq., New York, March 4, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir: I have yours of the 3rd containing copies of the report from the electrical engineer of the Commission upon Ihe new 200 convertible cars of this company. I am glad to see that in main he approves of them. What he says about the maximum traction trucks and two-motor equipments, I made a full answer to last September in respect to his detailed objections to the 150 Pay-as-you- Enter cars now in use on Third Avenue, and to my letter containing that answer, I have never received a reply. I have learned in conversation with some of your Honorable Body that there has been some congestion at the Amsterdam Avenue Hill, which you suppose to be caused by my failure to heed the criticisms then made by your assistant electrical engineer, con- firmed by your electrical engineer, and so on. As a matter of fact, there never has been any congestion at that point at all, except what was caused by the obstruction of the tracks by coal wagons, and I found that the cars, so far from being inefficient on that hill in stormy weather and snowy weather were actually being used by drivers of these coal wagons to push their carts up the hill. That is to say, coal carts being on the tracks, they declined to get off until the cars actually pushed them up the hill. Yours truly, Receiver. Frederick W. Whitridge, E^q., New York, March 2, 1909. Receiver, Third Avenue Railroad Company, Third Avenue and 65th Street, New York City. Dear Sir: On February 23rd at 8:40 a. m. an unknown man was knocked down and killed at 47th Street and Third Avenue by car No. 839 of the Third Avenue Railroad Company. The affair was reported in detail in the newspapers of the same afternoon, and at 4:40 p. m. your Claim Department was called up and requested to report it. 238 By the terms of order No. i of the Commission the accident should have been reported immediately. An examination of the accidents reported in detail by the Receiver of the Third Avenue Railroad Company during 1908 shows the average elapsed time between the happening of the accident and the receipt of report to have been three hours and three minutes. A similar examination of the reports of other operating companies shows an average elapsed time varying from forty-five minutes to one hour and fifty-two minutes. As the records show that the companies generally are able to comply with order No. i fo the extent of making reports within about one hour q£ the happening of the accident, it seems proper to ask you for a statement setting forth the reasons, if any exist, why the order cannot be complied with by you in the same manner. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, Secretary. New York, March 4, 1909. Travis H. Whitney, Esq., Secretary, PubHc Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 2nd instant in respect to the reporting of accidents by this force here. Our instructions are to report them immediately, and immediately, in my mind, means as soon as they have got the information which is necessary for this office. I think it may be that, as the Claim Department of the Metropolitan System is more centrally situated than mine, they may be able to make better time in getting their facts, and I know of no other reason why we should not do better in this matter, as in everything else (this last remark is not for publica- tion), and I have instructed my people to be more diligent in the future. Yours truly. Receiver. Frederick W. Whitridge, Esq., New York, March 5, igoQ. Receiver, Third Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir: Messrs. Marwick, Mitchell & Company's accountants have been in conference with the Commission's accountants, and made note of the corrections to be made in the reports which they filed on behalf of the Third Avenue companies. After making such corrections in your office copies they will obtain the reports filed here and complete the same and deliver them to you and the officers of the companies for verification. The regular form of oath contained in the report blank should be taken by the corporation officers, and the Counsel of the Commission has, as I understand it, transmitted to your attorneys a form of verification for your use as Receiver. Upon the completion of the ten reports already filed there will still be lacking a report for the Third Avenue Railroad Company as a lessor corporation. Such report should contain the particulars called for as to capital accounts, security issues, organization, balance sheet, and other matters down to the income ac- count. Very truly yours, TRAVIS H. WHITNEY, AFW/ARB Secretary. Copy to Messrs. Marwick, Mitchell & Co., Copy to George S. Coleman. Esq. 239 New York, March 8, 1969. Travis H. Whitney, Esq., ; Secretary, PubHc Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 5th in respect to the reports which have been prepared by Messrs. Mar- wick & Mitchell. In respect to the regular form of oath to be made by the corporation officers, I hope you will not forget that I have nothing to do with those gentlemen, and do not know who they are in most cases and have no authority over them. So far as I am concerned, I am pre- pared to make the form of verification transmitted to me by my attorneys. In respect to the Third Avenue report, I understand that the organization of the Third Avenue Railroad Company is still being maintained. The secretary is Mr. John M. Perry, 55 William Street. I have no record and no knowledge of the names of any of the officers of the Company or of the directors. I cannot make the report for this Company as it should be filed by the secretary thereof, and I understand he cannot compile it for the reason that he is not in possession of the books. If, as I understand, the Commission has ruled that reports should be made by the persons who have the books, then this report should be prepared by the Receivers of the Metropolitan who still have the Third Ave. books. Perhaps if the Commission will com- municate with Mr. Perry, he may be able to obtain access to those books and compile and verify the report, which I suppose must necessarily be a copy or nearly so of that filed in 1907. I am entirely helpless in the matter. Yours truly, Receiver. Mr. F. W. Whitridge, Receiver, New York, March 8th, 1909. Third Avenue Railway Company, 65th Street and Third Avenue, New York. My dear Mr. Whitridge: I have had a few days' siege of tonsilitis, and am just able to reply to your letter of March 2nd. Of course, we shall be glad to receive the changes you may wish to make in the stenographer's minutes, and if you will send them to me, I will see that they are put in the hands of the proper person. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. New York, March 11, 1909. Milo R. Maltbie, Esq., Public Service Commission, , , 154 Nassau Street, City. Dear Mr. Maltbie: I have yours of the 8th and I am sorry that you have been laid up with tonsilitis. I wrote about the testimony because I have received a good deal of testimony and it looked to me as if the thing was assuming large dimensions and as if there might be subsequent proceedings 240 which would require the printing of this record. I think your stenographer sent me copy of my testimony, but I cannot find it and I shall be obliged if you will send me another one, then I will correct it. Yours truly, Receiver. New York, March lo, 1909. Frederick W. Whitridge, Esq., Receiver 42nd Street, Manhattanville & St. Nicholas Avenue Railroad Company, 65th Street and Third Avenue, New York City. Dear Sir : On February 25th I transmitted to you a copy of a complaint of Mrs. L. E. Fuller, 226 West 75th Street, in reference to misleading destination signs and misleading information furnished by conductors on certain cars of the Broadway and 42nd Street line. The letter of transmittal called for an answer by March 8th, but no reply has been received. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. C-3217 New York, March 11, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have your letter of March loth in respect to complaint of Mrs. L. E. Fuller. This is the first knowledge I have of Mrs. Fuller's complaint, as your letter of February 25th has not been received. If you will be good enough to send me a copy of that letter, together with the complaint, I shall be happy to give same careful attention. Yours truly, Receiver, New York, March 12th, 1909. Mr. F. W. Whitridge, Receiver, Third Avenue Railway Company, 65th Street and Third Avenue, New York. My Dear Mr. Whitridge : I am sending herewith my copy of the evidence taken at the fender hearings, so far as it contains statements by you. I have not sent you the whole record, as you will see. Kindly return to me whenever convenient. I will see that the corrections are transcribed to the office copy. Very sincerely, MILO R. MALTBIE, Commissioner. MRM/EMH 241 New York, March 17, 1909. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, City. My Dear Mr. Maltbie: I have yours of the 12th for which I am very much obliged to you. I have gone over the testimony which you were good enough to send me and have made the corrections in it which make it read at least grammatically and I think more intelligently without changing the sense. In respect to the two franchises which are to come up before you this week, if there is anything you want me to do in respect thereto, beyond having a formal appearance by my attor- ney, I shall be very glad if you would let me know and I will do it. Pray accept my thanks and believe me. Yours very truly. Receiver. Frederick W. Whitridge, Esq., New York, March 15, 1909. Receiver 42nd St., Manhattanville & St. Nicholas Av. R. R. Co., 6sth Street and Third Avenue, New York City. Dear Sir: ' The Public Service Commissioner for the First District has received the communication from Mrs. L. E. Fuller of 226 West 75th Street, New York City, a copy of which is herewith sent to you for your in- formation and such investigation as you may wish to make. It may be that this is an isolated case, or one which is due to some defect in your organization or service, which the Commission ought officially to investigate, but preliminary thereto, the Commission desires your explanation thereof. Please answer hereto to this Commission by the 26th day of March, sending a copy of your answer to the complainant, at the above address, who has been requested to reply thereto within ten days thereafter. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, End. Secretary. C-3217 February 19, 1909. Office of PUBLIC SERVICE COMMISSION. Dear Sirs : This afternoon about two-thirty I got on a Broadway car at 75th Street, and as it was marked 42nd Street, asked for a transfer that would permit of my getting to 34th Street and Sixth Avenue. The con- ductor gave it to me and told me to take the car directly behind the one I was on — and, as it was marked 34th Street — concluded it was all right and did not ask any questions until I heard another woman anx- iously asking how she was going to get below 42nd Street. Then, upon saying to the conductor that his car was distinctly marked 34th Street and that the conductor of the car ahead told me to take that car, he in- formed me that he could not help what was told me, and that his car left Broadway at 42nd Street, and that if I wanted to go further down, it would be necessary for me to pay another fare, which of course I was obliged to do. The 34th Street car was No. 575 and the conductor's number was 1072. I am afraid that, much against my inclination and republican loyalty, that I must agree with three young men whom I heard talking Sunday afternoon, that the P. S. C. is costing us many an extra dime. (Signed) ELIZABETH M. FULLER. 242 New York, March 17, 1909. Travis H. Whitney, Esq., Secretary, PubHc Service Commission, 154 Nassau Street, New York City. My dear Sir: I have your letter of the 15th, enclosing the complaint of Mrs. L. E. Fuller, and in reply thereto I beg to enclose you copy of the report of my superintendent, Mr. Roosevelt, upon the occurrence. Apparently, Mrs. Fuller made a mistake, which I regret, and in so far as the rail- road is concerned, we endeavor, through the conductors, to prevent passengers from making such mistakes. Yours truly, Enclosure : Receiver. New York, March 16, 1909. Frederick W. Whitridge, Esq., Receiver, Dear Sir: In answer to the enclosed complaint from Elizabeth M. Fuller, of 226 West 75th Street, N. Y. City, which was referred to Mr. Roosevelt for his attention, he has submitted the following: "I judge from Mrs. Fuller's letter she got on the 42nd Street Broadway Car and asked the conductor for a transfer, which he gave her. This transfer was good only at 65th St. & Broadway for a south bound 6th Avenue car. "Instead of transferring at this point, the lady seems to have continued down to 42nd St., and then tried to take the car behind, which was a Broadway car bound for 34th St. Ferry and marked 34th St. Ferry. "The conductor No. 1072 mentioned in this complaint has no recollection of the incident, and says that he is always careful to call out 6sth Street as a transfer point." Yours very truly, E.A.M./K. Edward A. Maher, General Manager. New York, March 17, 1909. Mrs. L. E. Fuller, 226 West 75th Street, New York City. Dear Madam: I enclose to you herewith copy of my letter to the Public Service Commission in respect to your complaint of February 19th, which I only received yesterday. I very much regret that you should have been inconvenienced and I am inclined to think that it was not the fault of the conductor. We endeavor to take every pains to prevent such inconvenience to passengers. Yours truly. Receiver. Enclosures : 243 New York, March 19, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 65th St., & Third Ave., New York. Dear Sir: By direction of the PubHc Service Commission I have to advise you that the Commission has de- termined not to proceed with the matter of the application of the Third Avenue Railroad Company for the approval of the so-called Fort George extension until assurances in writing are received from the company or its receiver that all work on this extension has stopped and that it will not be proceeded with until the application before the Commission has been approved. Very truly yours, TRAVIS H. WHITNEY, THW/EH Secretary. New York, March 20th, 1909. Travis H. Whitney, Esq., Secretary, PubHc Service Commission, 154 Nassau Street, City. My dear Sir: I have your letter of the 19th informing me that, by the direction of the PubHc Service Commission, you have to advise me that "it has determined not to proceed in the matter of the appHcation of the Third Avenue Railroad Company for the approval of the so-called Fort George extension until assurances in writing are received from the Company or its Receiver that all work on this extension has stopped, and that it will not be proceeded with until the application before the Commission has been approved." In reply thereto I beg to say that I am happy to give you the assurances which you de- sire, qualified only by the statement that I expect the application before the Commission to be acted upon without unreasonable delay. Yours truly, Receiver. New York, March 22, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 165th Street & Third Ave., Manhattan. Dear Sir: A number of complaints have been received by the Commission relative to the service on the iioth St. Crosstown line. The service complained of, it is recognized, cannot be materially bettered without a change of motive power. In order that this office may be better able to handle such complaints as to this line, and the other lines now operated as horse car lines, it will be a favor if you can inform this office as to the probable date by which time you are expecting to have the self-propelling cars de- veloped so that substantial improvement in service may be made on these lines. Very truly yours, TRAVIS H. WHITNEY, Secretary. THW/EH 244 Travis H. Whitney, Esq., New York, March 24th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 22nd in respect to the iioth Street Crosstown Line. I have two ex- perimental self-propelling cars in process of construction, and the builders have promised me both of them this month. The month is so nearly drawing to its end that I am beginning to be skeptical as to when I shall get them, but when they come, one I shall put on the iioth Street Line, and if I find that either meet the expectations of the contractors and inventors, I am prepared to order a considerable number for service on some of my horse car lines. I shall also be prepared, if I can get the Public Service Commission to define its attitude in respect to transfers, to put a considerable number in service on other lines in this City, as to which I refer you to my testimony before the Public Service Commission at the Hearing in the 59th Street case. Yours truly. Receiver COPY 1 282- 1 284 Webster Avenue, Bronx, N. Y., March 23, 1909. Public Service Commission, 154 Nassau Street, N. Y. Gentlemen: Owing to the fact that it is almost impossible to get a proper night's rest, I desire to call the at- tention of the Commission to the condition of the cars of the Union Railway Co. that pass our door at the above address, which is bet. i68th and 169th Sts. There is one car in particular that I noticed yesterday, car No. 818, Kingsbridge line, which makes such a terrible noise that it is really unbearable. Hoping this matter will receive attention and that the nuisance will stop, I beg to remain. Yours very truly, (Signed) GUST AVE! M. HILLER. New York, March 29, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 24th, enclosing complaint of Mr. Gustave M. Hiller. In reply thereto I beg to say that nearly all of the cars of the Kingsbridge Line of the Union Railway are practically new cars, having been repaired and overhauled in accordance with the rules, regula- tions and requirements of your Commission and also in accordance with our own good judg- ment, within three months. They are considerably larger than the cars which theretofore ran on the Kingsbridge Railway, and possibly that accounts for the extra noise from which Mr. Hiller suffers. 24s In respect to the particular car which he speaks of, I find that that car had run off the track at West Farms, and at the time of the inquiry was having two pair of pony wheels changed in consequence of that accident. I have had the car tried down the road with the master mechanic riding on it from West Farms to 163rd Street, and he reports to me that the car made no unnecessary noise. Yours truly, Receiver. Mr. Gustave M. Hiller, New York, March 29, 1909. 1282 Webster Avenue, Bronx. My Dear Sir: I send you herewith copy of my reply to the Public Service Commission in respect to your complaint dated March 24th. I am inclined to think that the extra noise of which you com- plain is due solely to the fact that the cars are larger cars than those which you have been used to, and in respect to Car #818, of which you particularly complain, I can only say that, after having had it tried, I am convinced you are mistaken. Yours truly, Enclosure. Receiver. Frederick W. Whitridge, Esq., New York, March 25, 1909. Receiver, Union Railway Company, Third Avenue and 65th Street, New York City. Dear Sir: On March i8th one of our inspectors reported that Kingsbridge line car No. 823, upon which he was a passenger, was unable to climb the hill at Kingsbridge and Fordham Road about 5.10 P. M. It appeared upon subsequent investigation that the car was taken out of service, but there was no record of what the trouble was and no explanation for the absence of an entry on the "run-in" sheet or any rec- ord of a motorman's statement as to the reason for running the car in. It was stated that the matter would not be dropped and that your Superintendent would continue his investigation to determine where the blame lay for the above mentioned omissions. I will thank you to inform me of the result of the in- vestigation when completed. Yours very truly, TRAVIS H. WHITNEY, GFD /CWT Secretary Travis H. Whitney, Esq., New York, March 29, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir: I have yours of the 25th in respect to the experience of one of your inspectors upon Kings- bridge car #823, and reply thereto I beg to say, that car was changed from the Kingsbridge 246 Line at 5.25 P. M. and arrived at the West Farms car barn about the time of the change of the shifts, and through some oversight our foreman failed to report the car on our emergency sheet as he should have done. The next morning the car was repaired by our motor repair man, and on his report of that date he stated that the bfush-holder was out of order, and that no other repairs were necessary. The foreman has been censured for his negligence and cautioned to be careful in the future as to the report of any emergency "pull-ins." Yours truly, Receiver. Frederick W. Whitridge, Rec, New York, March 27, 1909. Third Avenue Railroad Co., 6sth St. & 3rd Ave., New York, N. Y. ' Dear Sir: I transmit herewith certified copy of Filing Order in Case No. 1090, requiring filing of a complete list of officers and directors, adopted by the Commission at its meeting yesterday. This order is being served upon the proper official of your Company as shown by our records. If this is incorrect, will you kindly so advise in connection with your acknowledgment? Very truly yours, GSM TRAVIS H. WHITNEY, Enc. Secretary. Case 10.90 Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. In the Matter \ Case No. 1090. List of officers and Directors, and changes thereto, of the RAILROAD, STREET ( Fili"g Order. RAILROAD, GAS and ELECTRICAL CORPORATIONS within the jurisdic- tion of the Public Service Commission for the First District. ORDERED: That every railroad corporation, street railroad corporation, gas corporation and electrical corporation within the First District, shall file on or before April 10, 1909, a complete list of the officers, including the directors, of said corporation, and FURTHER ORDERED: That said corporations shall report to this Commission within five days thereafter every change from said list, giving the name of the office, the name of the person who held the office prior to such change, and the name of the person who has been elected to such office. Travis H. Whitney, Esq., New York, March 29, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have your three letters of March 27th addressed to me as Receiver of the 42nd Street, Third Avenue and Dry Dock Railway Companies, enclosing copy of Order 1^1090, and saying 247 that this order is being served upon the proper official of my Company as shown by your records, and asking, if this is incorrect, will I kindly so advise in connection with my acknowledgment. In reply thereto, I beg to say, and as I think I have already notified you several times, I know nothing about the offices of these Companies, except that Mr. Perry is the secretary of the Third Avenue, and Mr. Borland is secretary of the 42nd St. Road, and I am unable to advise you whether what you have done is correct or incorrect. Yours truly. Receiver. New York, March 26, 1909. Frederick W. _Whitridge, Esq., Receiver, Third Avenue Railroad Company, Third Ave. & 165th St., Manhattan. Dear Sir: I transmit herewith a certified copy of Order granting application in Case No. 1086 adopted by the Commission at its meeting to-day. This covers the application of the Third Avenue Railroad Com- pany for an extension of its railroad on Fort George Avenue, New York City. Very truly yours, EH TRAVIS H. WHITNEY, Secretary. At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 26th day of March, 1909. Present: William R. Willcox, Chairman, Willam McCarroll, Edward M. Bassett, John E. Eustis, Milo R. Maltbie, > Commissioners. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Application of THE THIRD AVENUE RAILROAD COMPANY for the Per-\ Case No 1086 : . ,. ,ri-^ •• 1^ • ,^ • rf Order Grantmg mission and Approval of this Commission to the Construction and Operation ofl Application an extension of the Street Surface Railroad on Fort George Avenue, Borough of* Manhattan, City of New York. The Third Avenue Railroad Company having made application to the Public Service • Commission for the First District by a petition, duly verified and filed, and accompanied by the documents required by the rules of practice of the Commission for the permission and approval of the Commission to the construction and operation of an extension of its street surface railroad upon the route described in its statement of proposed extension, duly filed pursuant to Section go of the Railroad Law with the Secretary 248 of State and with the County Clerk of New York County, and in the franchise granted to said com- pany by the city of New York under date of March 4, 1909, and being in the Borough of Manhattan, City of New York, a full description of said route being hereinafter set forth; And the Commission having fixed Friday, March 19, 1909, at 2 :30 o'clock in the afternoon, at the office of the Commission at No. 154 Nassau Street, Borough of Manhattan, City of New York, for a hear- ing upon said petition, and having directed that a notice of said application and hearing containing a description of the route in and upon which the company proposes to construct and operate said extension, be published in certain newspapers and at certain times specified by the Commission, and said hearing having been had by and before the Commission at the place aforesaid on March 19, 1909, and on March 23, 1909, Commissioner Maltbie presiding; and the said applicant. The Third Avenue Railroad Company, having appeared upon said hearing by Henry A. Robinson, its Counsel, and having presented proof of pub- lication of notice of such application and hearing, as required by the Commission, and having presented its proofs, whereby it satisfied the Commission that the construction and operation of said extension is necessary and convenient for the public service; and the Commission having determined, after said hearing that the construction and operation of the extension of said company's road, as described in the statement of proposed extension thereof, filed with the Secretary of State and with the County Clerk of New York County, and as described in said franchise, is necessary and convenient for the public service; now there- fore, it is ORDERED, That said application be and the same hereby is granted ; that the permission and ap- proval of the Public Service Commission for the First District is hereby granted to the construction and operation by The Third Avenue Railroad Company of the extension of said company's line upon the route and as described in its statement of proposed extension, duly filed with the Secretary of State and with the County Clerk of New York County, and as described in said franchise, as aforesaid, said route being described in said statement and in said franchise as follows : '"Beginning and connecting with the existing double-track street surface railway on Amsterdam Ave- nue, at or near the intersection of said avenue with Fort George Avenue; thence northerly, westerly and southerly in, upon and along said Fort George Avenue as it winds and turns, to its intersection with Audubon Avenue, with a loop terminal at said intersection, to be constructed within the present roadway of said Fort George Avenue." The permission and approval hereby granted shall not be construed as an approval by the Com- mission of the contract regarding said proposed extension entered into between said company by Fred- erick W. Whitridge, Receiver, on the one hand, and the City of New York on the other hand, dated March 4, 1909. except as to the grant of the right to construct and operate an extension of said com- pany's line over the route above described. It is further ORDERED, That this order shall take effect immediately, and shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. _ New York, March 26, 1909. F. W. Whitridge, Esq.. Recr., Third Avenue Railroad Co., 65th St. and Third Ave., N. Y. City. Dear Sir : I transmit herewith a copy of the opinion submitted to the Commission by Commissioner Maltbie to-day with reference to the application for extension of line on Ft. George Avenue granted by Order in Case 1086. Very truly yours, TRAVIS H. WHITNEY, ''^M Secretary. 249 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. . In the Matter of the Application of THE THIRD AVENUE RAILROAD COMPANY for the Per- ) Case No. 1086. mission and Approval of this Commission to the Construction and Operation of an f extension of the Street Surface Railroad on Fort George Avenue, Borough of \ Manhattan, City of New York. I N. Y. Law Department, Office of Corporation Counsel, Apr. 3, 1909. Rec'd by Chief Clerk, OPINION. This is an application under section 53 of the Public Service Commissions Law for permission to begin the construction of an extension to the Third Avenue Railroad at Fort George. The statute provides not only that no extension shall be constructed without the permission and approval of the Public Service Commission, but also that no corporation shall exercise any franchise or right not heretofore lawfully ex- ercised without first having obtained a proper certificate. The application is made by Mr. F. W. Whitridge, receiver of the Third Avenue Railroad Company, and relates to two-thirds of a mile of single track, in- cluding a small loop of a few hundred feet at the end to permit the continuous operation of cars by avoid- ing the necessity of reversing them at a crossover. The Third Avenue Company had no franchise for this extension until a few days ago, the franchise being signed by the Mayor upon March 4th. In December, 1908, the Commission was informed that work was to be begun on this extension before the franchise was granted by the City and before it had been approved by this Commission. The receiver was notified that such action would be illegal and that con- struction should not be begun until a franchise and the proper certificates had been obtained as provided for by law. The receiver then asked for a temporary permit pending the passage of the franchise and its approval by this Commission, to which the Commission replied that it had no authority to issue such a permit pending approval, and that until the franchise had been granted it would be impossible and inad- visable to consider an application for approval of a franchise the provisions of which had not yet been fixed by the City. In the opinion of the Commission, it is not only a violation of law to begin work under such circum- stances, but it is most inadvisable that lines should be constructed without due legal authority. There are lines in Manhattan and Brooklyn, the building of which was permitted by the City under temporary per- mits before the franchises were granted, the corporations having promised to get franchises and to make the terms retroactive. But once having built the line and once having started operation, all interest in securing the proper legal authority waned, and to-day these lines are operated without a franchise and without paying the amounts required by law. Certain corporations in this City admit that they never received a formal grant of authority to operate in certain areas, but having operated there several years without disturbance, they now insist that they have a perpetual franchise obtained by "acquiescence." If there is any foundation for such a theory, and the decisions of the courts seem to indicate that some weight may be given to it, how much more plausible would be the argument that a city which allows a company to construct under a "temporary permit," and to operate for months and years has thereby and by refusal to interfere with such operation given to the corporation valuable franchise rights. One corpora- tion in this City recently went so far as to embed rails in concrete on its tracks to prevent another cor- poration from laying tracks across its line without due notice and without compliance with law, for fear that if the corporation which was planning to seize the crossing was once able to lay its tracks, it would be impossible to have them removed. The application for approval under section 53 above referred to was first made by the receiver in due form under date of March 5th, 1909. The Commission promptly fixed a date for a hearing upon March 19th, thereby allowing the usual ten days for publication of notices of such hearing. The hearing was held as ordered upon March 19th, at which time the representative of the receiver proceeded to pre- sent evidence. The first witness, the chief engineer to the receiver, in response to certain questions, testi- fied that construction work had been begun a month before the franchise was signed by the Mayor, and that work was actually under way upon the date of the hearing. In view of the manifest illegality of such action, the hearing was adjourned. The Commission then directed its Counsel to proceed with an action for violation of law, and notified the receiver that the Commission would not proceed with the 250 hearing until it had received assurance that the work upon the extension had been suspended and would remain suspended until a certificate had been issued as required by law. Work having been stopped upon receipt of this notice and the required assurance having been given, the hearing was resumed upon March 23rd, and the order issued upon March 6th — less than three weeks from the date when the application was made. An examination of the franchise reveals some rather peculiar provisions. The grant may be ter- minated by the City any time after March 4th, 1912, subject to a possible extension at the option of the City for two years more. This will mean that the entire cost of this line must be amortized in three years ; that is, practically one-third of the cost must be set aside out of earnings each year. As this is a short extension the amount will not be large, but if the principle were to be applied to a long extension or to a large system, it would probably be impossible for the road to be operated under such a condition. If it were to be operated, the public would be injured by high fares or poor service or both. It is to be remem- bered that unreasonable burdens placed on corporations are usually shifted to the travelling public, and that it is more in the public interest that service should be good and fares kept down than that the corpora- tion should be made to bear a heavy burden. The franchise further provides that the company shall permit the joint use of its track and equip- ment by other street railway companies which shall have been given such rights by the City upon payment of an annual sum, which shall not exceed the following: 1. Legal interest on a proportion of the whole cost of construction. 2. Legal interest on a proportion of the cost of keeping the tracks and track equipment in repair. (The proportion in i and 2 is to be the same as the proportion between the number of cars operated by the new company and the number of cars operated by all other companies using the extension.) 3. The actual cost of the power necessary for the operation of the new company's cars on the ex- tension. 4. The cost of laying and repairing the pavement. 5. The cost of removal of snow and ice. 6. The cost of all other duties imposed upon the Third Avenue Co. by the terms of this contract in connection with the maintenance or the operation of the railway so used. Apparently, the capitalization of charges for maintenance and repairs would be permitted — a plan which is not considered proper by this Commission, and not allowed under the system of accounts pre- scribed for street railways. The franchise contains a number of clauses which are unnecessary or in conflict with the theory of the Public Service Commissions Law. For example, it states that cars shall be "run * * * as may be directed by the Board of Estimate and Apportionment," and that all cars are to be "lighted * * * as may be required by the Board." The fiscal year is made to end September 30th, and the company is re- quired to submit a report to the Board of Estimate, giving many important statistical and financial facts regarding its operations for this year. The company is required to comply with the provisions of the Rail- road Law and of the laws or ordinances "not inconsistent with the terms and conditions" fixed in the franchise. It is indisputable that no franchise or contract entered into by a local authority and a corporation can set aside, annul or alter any state law or order of a state body. Consequently, any order made by this Commission relative to the matters that have been placed under its jurisdiction must be binding upon the corporation affected, notwithstanding any provision in any franchise. Any attempt to confer by franchise such authority upon another body is doubtless ultra vires in so far as it attempts to supersede state law or orders of this Commission, and provisions purporting to do so ought not to be in any franchise. Furthermore, as the law has fixed June 30th as the end of the fiscal year, and as exhaustive reports must be made to this Commission for such period, containing all of the information called for in the fran- chise, it would seem to impose an unnecessary burden upon the corporation to require it to make a report for a year ending September 30. In view of the fact that the construction of the proposed extension will not only be of advantage to the Third Avenue Company from an operating point of view, but will also be of convenience to the public, and probably will tend to reduce accidents and to provide a more rational operation of cars at this point where there is so much congestion during the summer months, these objectionable features of the franchise have not been considered of sufficient importance to warrant the withholding of a certificate, and one has been issued ; but future franchises submitted for approval should not contain similar provisions. New York, March 26th, 190Q. MILO R. MALTBIE, Commissioner. 251 Travis H. Whitney, Esq., New York, March 30, 1909. Secretary, PubHc Service Commission, 154 Nassau Street, City. My dear Sir: I have your letter of March 26th enclosing the Order of the Commission approving of the construction and operation of Fort George Loop, for which I am much obliged to you. The last paragraph of that Order reading: "This Order shall take effect immediately and shall con- tinue in force until such time as the Public Service Commission for the First District shall otherwise order" — is, if I understand it rightly, unwarranted by the Statute, and is con- sequently illegal and futile, and I am bound to say to you that it will be so regarded by me should the necessity hereafter arise. The Law provides that a railroad company shall obtain your permission and approval to every new franchise — it does not provide for you the liberty to change your minds after such approval has been given, nor for a subsequent revocation of that permission by you for any reason whatever. In regard to the opinion accompanying this order, which appeared in the newspapers last Saturday morning, I beg to advise the Commission that, so far as that opinion refers to me, I consider that in availing myself of the permission of the City authorities to do certain work in the streets in anticipation of granting the franchise, I was acting entirely in conformity with the Law. The Commission would have been saved the annoyance my action appears to have caused them, had they answered my letters in respect to the temporary permit, and particu- larly my letter of January 7th, in which I called their attention for the second or third time thereto, and said that unless I heard from them definitely I should act on my own judgment. I never heard at all and I acted accordingly. In connection with this matter, I repeat the suggestion that your rules be changed so that you can consider a franchise after the form has been settled with the Board of Estimate and Apportionment, and while it is still not too late for that Body to make amendments to meet your views. If you adhere to your present procedure and decline to look at a franchise until the contract has been signed, sealed and delivered by the City and by the Railroad, any objec- tion by you will then cause a wicked waste by the Company of the time and money necessa- rily expended before the Board of Estimate, because the franchise cannot then be changed and the whole performance must be gone over again. This, you will recall, nearly happened in the case of the Clasons Point franchise, where, at the last moment, you found five or six in- superable objections to the franchise, and your approval of it was only given through your good-natured reception of my entreaties half an hour before the time to make the deposit with the City, required by the contract, expired. Surely such contingencies are to be averted. Yours truly. Receiver. F. W. Whitridge, Esq., Receiver, New York, March 29, 1909. Third Avenue Railroad Co., New York City. Dear Sir: — I wish to prefer a claim against you for damages due, as I believe, to the negligence of one of your employees under the following circumstances : 252 On the morning of March i6th, about 8:15 o'clock, I was riding my horse down from Central Park to the stable on 51st street. Coming down 7th avenue I crossed through 52d street, and when I reached Broadway, I look in both directions before crossing the tracks to see if there were any approaching cars. There was a car coming north which I should think was about halfway between 51st and 52nd street, as I started to cross the tracks. When my horse had crossed the first track and was on the south- bound track, he stopped, and for some reason or other refused to go on. While I was endeavoring to urge him forward across the tracks the motorman of the approaching car, although he must have seen that I was having trouble with my horse, came up behind so close as to scare my horse, causing him to rear violently and strike me with his head in such a manner that I was thrown from the saddle onto the pavement on the southbound track and the horse himself fell down. I came out of the accident rather more fortunately than might have been expected, with the loss of two teeth, badly contused hand and a slight bruise on the hip. I was laid up for about a week by the accident and am still having trouble with my hand and shall continue to have considerable trouble and will be at considerable expense on account of the broken teeth. The groom, who was walking on the sidewalk nearby at the time, saw the occurrence and corrob- orates my belief that it was due to the motorman running his car upon my horse while he saw that I was having trouble with him. I am not anxious to make any money out of the accident and being a lawyer myself am not eager to rush into a lawsuit over the matter; but I think it would be only fair that I should have such compensation as will pay my surgeon's and dentist's bills at least, and perhaps something more for loss of time. I shall be very glad to see your claim agent about the matter at any time. Yours very truly, ELA-V ELBRIDGE L. ADAMS. Elbridge L- Adams, Esq., New York, April i, 1909. 299 Broadway, City. My dear Sir: I have yours of the 29th, which I have instructed the claim agents to answer, I can hardly think that you, as a lawyer, propose to make a serious claim against the 42nd Street Railroad Company on the state of facts disclosed by your letter. I am exceedingly sorry that you have been injured, but I do not see my way, unless the claim agent is able to discover facts other than those stated by you, to afford you any relief. I respectfully suggest to you that you should prefer your claim before the Public Service Commission. They have large powers which they are eager to exercise for the redress of all human grievances. Yours truly, Receiver. Frederick W. Whitridge, Esq., New York, March 31, 1909. Receiver, Third Avenue Railroad Co., 65th Street and Third Avenue, New York City. Dear Sir: In your letter of March 8, relative to the annual reports of the Third Avenue companies for the year ended June 30, 1908, you stated that you were unable to prepare a report as to the condition of the Third Avenue Railroad Company at the time it came into your charge, and as to the corporate trans- actions between July i, 1907, and January 11, 1908, for the reason that you were not in possession of the books of the Company. 253 The Counsel of the Commission advises that yoj are responsible for this return inasmuch as you have not included the data just referred to in your own report covering the period January 12 to June 30, 1908. The Commission has communicated with the Receivers of the Metropolitan Street Railway Com- pany, who have promised to make the proper books accessible to you. A copy of their letter is enclosed. Very truly yours, N TRAVIS H. WHITNEY, AFW/ARB Secretary. End. New York, April 2nd, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 31st. In reply thereto I beg to say what I think I have already said — that I do not consider I am under any obligation to make any reports of any kind relating to anything concerning any of the Companies under my charge, which happened prior to my appointment, in cases where the records are not in my custody. I believe you have ruled form- ally, in a communication to me some months ago in respect to quarterly reports, that all such reports ought to be made by the persons who had possession of the books — in this case Messrs. Joline and Robinson. As to their letter which you enclose to me, which states : "Our office force is too much occupied in attending to the necessary and legitimate business of the receivership to assume the task of waiting upon this gentleman, and saving them from the performance of their own proper work," * * * j ^^ gratified, however, to hear that their office force is occupied in attending to its business. I have referred your communication to my counsel, Mr, Bickford, to see if Mr. Perry or Messrs. Marwick & Mitchell or somebody cannot give you what you want. I don't think I can. Yours truly, Receiver. New York, April 3. 1909. Frederick W. Whitridge, Esq., Receiver, Union Railway Company, 130th Street and Third Avenue, New York City. Dear Sir: Complaint is made of unnecessary inconvenience and delay to passengers at Burnside and Sedgwick Avenues due to the failure of the cars of the Sedgwick and Jerome Avenues lines to connect at that point. It was recognized that any complaint of this kind must be confined to criticism of the cars' crews when the cars of these two lines are approaching the junction point in sight of each other. Investigation has, therefore, been made from that standpoint. Observations were made for short periods on March 29th and on April 2nd. On March 29th at 2.49 P. M. car No. 761 of the Jerome Avenue line southbound failed to wait for car No. 331 of the Sedgwick Avenue line westbound, although car No. 331 was but one block away. Three passengers transferring from car No. 331 had to wait seven minutes for the 254 next Jerome Avenue car. On April 2nd at 5:58 P. M. car No. "n^y of the Jerome Avenue line failed to wait for car No. 75 westbound of the Sedgwick Avenue line, although car No. 75 was within 100 feet of Jerome Avenue. Five passengers transferring from car No. 75 had to wait four minutes for the next Jerome Avenue car. On the same date at 6.12 P. M. car No. ^^2 failed to wait for Sedgwick Avenue car No. 136 eastbound, although car No. 136 was within 200 feet of Jerome Avenue, Three passengers transferring to Jerome Avenue car had to wait four minutes for the next car. These instances seem to show that considerable unnecessary delay and annoyances are caused, which could be easily prevented by requiring the cars' crews to use a little more common sense in making con- nections under such circumstances. A reply is requested by April 14th, stating the measures which you will take to satisfy the complaint. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, C— 3330 Secretary. Travis H. Whitney, Esq., New York, April 5, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 3rd in respect to the inconvenience to passengers at the junction of Burnside and Sedgwick Avenues, owing to failure of connection between Sedgwick and Jerome Avenue lines. I quite agree that occurrences such as you describe are most exasperating. I have myself been the victim of such occurrences and I shall be happy to do what I can to rem- edy them. As you truly say, "these incidents seem to show that considerable annoyance and unnecessary delays are caused which could be easily prevented by requiring the cars' crews to use a little more common sense." That observation is not only true but it is profound, and it appeals to me particularly because I have been endeavoring for a year to require people to use a little more common sense, only a very little in many cases, but still some, and if the Public Service Commission with its multitude of rules, regulations, statistics, orders and other paraphernaHa, has arrived at a formula by which a requisition for common sense can be made effective, I should be infinitely grateful if they would let me have it. This is a tempting text, but if I were to write about it, evil-minded persons would say I was indulging in personalities, so I only add that I do the best I can, and that I will instruct the crews of the cars on these two lines to use common sense hereafter, and when they see a car coming a block away, to wait for it, although such instructions are already printed and posted. Yours truly, , Receiver. New York, April 3, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, Third Ave. & 65th St., New York. Dear Sir:— In the matter of your application for the approval of the Commission, under Section 53 of the Pub- lic Service Commissions Law, of a franchise for the construction and extension of your line on Pelham Avenue from Third Avenue to Southern Boulevard, I have to state that a report was submitted by Com- 255 missioner Eustis thereon, which was approved and a copy directed to be sent to you as the applicant. Accordingly I enclose herewith a copy. Very truly yours, THW/EH TRAVIS H. WHITNEY, Enclosure. Secretary. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the • Application of the UNION RAILWAY COMPANY of New York City for the\ ^^^^ ^^ ^^ permission and approval of the Commission to the construction and operationf of an extension of its street surface railroad on Pelham Avenue, Borough of the' Bronx, City of New York. OPINION. This is an application made by Frederick W. Whitridge, Receiver of the Union Railway Company, under Section 53 of the Public Service Commissions Law for permission and approval by the Commis- sion of the franchise for the construction of an extension of said company's railroad on Pelham Avenue from the junction of Pelham and Third Avenues to the Southern Boulevard. Application for this franchise was made by the Union Railway Company to the Board of Estimate and Apportionment in July last, and on March ist, 1909, the contract between the city and the Union Railway Company was executed; and, under date of March 5th, 1909, application was made to this Com- mission for the approval and consent of this Commission to the construction of said extension. A hearing was fixed and duly advertised for March 25th, 1909, at which date testimony was taken showing that there was no opposition to the granting of the certificate from outside parties; and testi- mony was produced by the applicant showing that there was a necessity for the construction of this road, and that it would be a convenience to a large number of the traveling public, the evidence being given by various property owners, who owned real estate along Pelham Avenue between Third Avenue and the Southern Boulevard. The terms of the franchise are similar to the franchise submitted by the Bronx Traction Company for the Classon Point Road, upon the application for which this Commission issued a certificate with certain qualifications in regard to some of the clauses in the franchise; and it would seem to me that the present time is opportune to call a halt until these objectionable features in the franchise can be corrected. The term of the franchise is fifteen years, and the compensation to be paid to the city is fixed at a certain rate during each period of five years of said term, and then provides for a renewal of said fran- chise for a further term of twenty years, compensation for said renewal to be agreed upon by a reval- uation; and provides that, if the two parties (that is the city and the railroad) do not reach an agree- ment as to the compensation for the renewal term before the beginning of the last year of the original term, then the rate of compensation for said renewal term shall be fixed by three disinterested ap- praisers — one appointed by the city, one by the company, and the third by these two; and that the valua- tion fixed by the said appraisers shall be conclusive on both parties, but in no event shall the annual sum to be paid be less than the sum required to be paid for the last year of the original contract. In case this franchise should become very valuable at the end of fifteen years, and the railroad company on a revaluation would be obliged to pay a very considerable increased annual sum to the city, all they would have to do to avoid paying that increased sum would be for them to appoint an appraiser who would not agree with the appraiser appointed by the city on the third appraiser, then nothing could be done towards adjusting the revaluation on which thej' would be required to pay the annual charges to the city, and they could go on during the next twenty years paying only the sum fixed for the last year under the original term. This, certainly, should be corrected, and there should be a provision in this 256 section of the franchise providing for the appointment of the third appraiser by some outside disinter- ested body, in case the two appraisers do not agree upon a third within a limited time. The franchise further provides (paragraphs 14 to 18) that the adequacy of the service rendered by the company, as well as the heating and lighting of the cars, is subject to the orders of the Board of Estimate and Apportionment; and, inasmuch as Section 3 of paragraph 24 of the said franchise specific- ally states "This grant is also upon the further and express condition that the provisions of the Railroad Law "applicable thereto, and all laws or ordinances now in force, or which may be adopted, affecting the "surface railways operated in the city, not inconsistent with the terms and conditions hereinbefore "fixed, shall be strictly complied with by the company" it might give the company the right, when this Commission undertook to exercise its powers under the Public Service Commissions Law in regard to their operation or equipment, to say that this Commission in approving this franchise had waived its rights, as they might claim that the Public Service Commissions Law as inconsistent with this franchise insofar as the franchise clothes the Board of Estimate and Apportionment with the power of passing upon the equipment and the service to be rendered by the company. These paragraphs should be either eliminated or modified so as to expressly show that there is no intention by the parties to this franchise of annulling or abridging in any way the duties of the Public Service Commission under the existing law. The franchise contains a condition precedent before the company can exercise the rights intended to be conveyed by the franchise, in these words: "Before any rights hereby conferred are exercised by the company, and, within three months from "the date on which this contract is signed by the Mayor, the company shall pay to the City of New "York the sum of $20,385.08, and, within three months thereafter, the further sum of $31,758.87; said "amounts being due under the franchise of the company granted to it by the Legislature by Chapter "340 of the Laws of 1892" and it would appear unwise to approve of this franchise with that conditional clause until the company has met the demands therein provided for. Non constat, if approved by this Commission, within which the company is required to make the first payment, it might have the line built, and then fail to make the payment and go on and operate the line, and would duplicate some of the other situations that have been found to exist in the city where lines have been constructed under temporary permits pending the application for a franchise, and have continued their operation, and have not proceeded to obtain their franchise; it being very easy to see that, if they could avoid payment to the city of the franchise obli- gations in the way of annual fees, they would be quite large gainers financially. And it would seem to me that the approval of this franchise should await the removal of this condition, by the payment by the company to the city of the amounts therein specified. A further objection might be made to the approval of the franchise — the fact that this company has not complied with the original order of this Commission for the filing of various papers; and the company's attention has been recently called to the fact by a letter from the Secretary, under date of March 13, 1909. To summarize, the papers desired are as follows: 1. Franchises from the Village of Williamsbridge. 2. Franchises from the Village of South Mount Vernon. 3. Franchises or permit authorizing construction in White Plains Road between Bear Swamp Road and Morris Park Avenue. 4. Franchise or permit for construction on Locust Avenue, Port Morris. 5. Trackage agreements with the New York & Harlem Railroad Co. for use of tracks on Madison Avenue Bridge and on Madison Avenue. 6. Track agreements with the New York City Interborough Railway Company. 7. Track agreement and all other agreements for operation or equipment with the Southern Boule- vard Railroad Co. 8. Detailed description of real estate held by Company, with certified copy of deeds for the various parcels. 9. Certificates of Extension of route not included in documents already filed. 10. Certified copies of proceedings before the Board of Railroad Commissioners relative to change in motive power, not included in the "compilation" of 1894. 257 11. Location of all real property leased by the Company. 12. Affidavits of employees that necessary property owners' consents have been secured in each case where necessary, stating whether or not the same have been filed in the County Clerk's office. At the hearing Counsel for the company stated that they would furnish these various papers, but that it would take them about two weeks to do so. This feature need not be considered as serious ob- jection, for the papers can doubtless be furnished before final action is taken. There is still another objection to the approval of this franchise, which is of vital importance to a large part of the traveling public in the Bronx. The evidence produced at the hearing clearly showed that this road is intended to supply transportation facilities between the elevated and the Harlem Railroad station at Pelham and Third Avenues and the Southern Boulevard, being a very short distance, a place where a great many people travel on foot to enter the Zoological Gardens at Southern Boulevard and Pelham Avenue. At the time the application was made to the Board of Estimate and Apportionment for this franchise, and application was also made for a franchise from the intersection of its existing tracks at Sedgwick Avenue and Fordham Road, along Fordham Road, Hampton Place, West 184th Street, the University Heights Bridge to the Borough of Manhattan to West 207th Street, to Amster- dam or Tenth Avenue, to Emerson Street, and connecting with the existing tracks on Broadway; and that application for a franchise was agreed to between the railroad company and the city, and the reso- lutions approving of said franchise were approved by the Mayor on December 21st, 1908; and the evi- dence produced upon the hearing on this application from the President of the Union Railway Company and the Manager for the Receiver of its operations was that it is his intention to operate the Pelham Avenue line at the present time as an extension of the Third Avenue line, which now operates between 129th Street and Bedford Park. The proposed new operation would be from 129th Street along Third Avenue to Pelham Avenue, and then at right angles over to the Southern Boulevard, and this line would no longer accommodate the Bedford Park travel. He also stated that it was his intention when the application was made for this extension, and also the extension over the University Heights Bridge un- derneath the subway at 207th Street and across to Broadway that, if both franchises were available, then the line would be operated as a crosstown line. This is what is demanded, as the section between the end of Pelham Avenue at Third Avenue and Sedgwick Avenue is a distance of not over three- quarters of a mile, upon which the Union Railway now has a double track, and that with the two exten- sions on Pelham Avenue and across University Heights Bridge constitute a crosstown line not over three miles in length. It also appeared that while the bondholders were willing that the Receiver should execute the con- tract for Pelham Avenue extension, they were not willing that the Receiver should execute the contract for the extension from Sedgwick Avenue to Broadway in Manhattan. This extension, in connection with their existing line on Fordham Road and the Pelham Avenue Extension, would give a crosstown line, which would intersect with the Kingsbridge surface line on Broadway in Manhattan, and with the Broadway line of the present subway, with the two New York Central lines at University Heights, with the New York City Interborough Railway Company's line at Aqueduct Avenue, and with the New York and Harlem line at Park Avenue, and with the Third Avenue elevated line at Third and Pelham Ave- nues, besides also intersecting other lines of the Union Railway at Third, Webster and Jerome Avenues. I am very strong in my opinion that this Commission should not approve of the franchise for the Pelham Avenue extension to be operated as an extension of the Third Avenue line, and receive the large profits to be derived from carrying the large crowds of people that would go from Fordham Square to Southern Boulevard, a distance of only 2,900 feet, for a five cent fare, so long as it refuses to complete its obligations with the city for the other extension which leads over into Manhattan and is necessary to complete the proposed crosstown line. I would, therefore, recommend that action upon this application be deferred until the franchise has been amended, as herein suggested, and until the company presents an application for the ap- proval of the franchise for the extension from Sedgwick Avenue to Broadway in Manhattan over Uni- versity Heights Bridge. Respectfully submitted, (Signed) J. E. EUSTIS, Commissioner. March 30, 1909. 258 New York, April 6, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 3rd enclosing the opinion by Mr. Eustis on my application for your approval of the franchise to build between Fordham Station and the entrance to the Zoo. This having been confirmed by the Commission, I understand that the Commission refuses to approve the franchise granted by the Board of Estimate and Apportionment for the construction of this portion of the proposed line on the Bronx and Pelham Parkway. This refusal is based first — on the fact that the Board of Estimate and Apportionment inserted in the franchise cer- tain conditions of which your Commission disapproves, second — ^because I have not asked for the approval by the Commission of a franchise for the University Heights extension, which is supposed to have been granted by the Board of Estimate. Neither of these objections relate to me, nor is it within my power to remove them. So far as your differences with the Board of Estimate and Apportionment are concerned, I can only say — may the best man win, although it seems to me, in stating your objections, you have in one or two places travelled far beyond the Statute under which you exist and have invaded the province of the Board of Estimate. In the second case, the proposed University Heights franchise is not before you, and I do not see how a Body with such a passion for regularity as yours could take judicial notice of it. Since, however, you have done so, I wish to say that I was anxious to build the University Heights extension, but Mr. John M. Bowers, Counsel for the Third Avenue Bondholders' Com- mittee, found good reasons for opposing that franchise. I shall be very glad if you will take that matter up with him and see if you can remove the obstacles to its construction. Mr. Eustis' opinion speaks of the extension to the Zoo as "carrying the large crowds of people that go from Fordham Station to the Southern Boulevard," and he concludes that I ought not to be allowed to build a road to carry them. This appears to me to be a really colossal non sequitur, and I may add in relation to this Zoo extension that it never had. any relation to the University Heights extension at all, but was intended to be a portion of a line to the Pelham Bay Park. It originated in my own observation of the large numbers of people who walk to the entrance of the Zoological Gardens, and who would, I thought, be grateful to have cars to ride in. The existing line in connection with which those cars might be .run was never determined or even considered by me. Finally you will permit me to say that I think it is a ridiculous thing that the public should be deprived by the Public Service Commission of an extension which would accommodate so many people, because that Commission chooses to be at loggerheads with the Board of Estimate and Apportionment, and because another line some- where else, which it has heard of, is not now proposed to be built. Yours truly, Receiver. 259 New York, April 7, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I enclose herewith a circular to the employees of the Third Avenue System, in respect to the opening of the Club Rooms on Monday next. I wish you would be good enough to call attention of the members of the Commission to this, and say that I shall be very happy if they or any of them together with yourself or any of your colleagues would do me the honor to come here during the day and see what we are doing. Yours truly. Enclosure : Receiver. New York, April 8, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 130th St., & Third Ave., New York. Dear Sir:— I beg to acknowledge receipt of your letter of April 7th in regard to the opening on MoAday next of the Club Rooms for the employees of the Third Avenue Railroad Company. I shall be very glad to call the attention of the Commission to your very kind invitation to be present at the opening. Very truly yours, TRAVIS H. WHITNEY, WJN/EH Secretary. Travis H. Whitney, Esq., New York, April 7th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: Referring to your correspondence some time ago about the service on the 42nd Street Road, I beg to say that I have completely changed that force, having gotten rid of nearly all the old inspectors and several of the motormen, all together about fifty employees, and I am now ac- cused of being a tool of the Knights of Columbus (whatever they are). I enclose a circular herewith -to the employees of that Road in answer to one of the protests, which may be of interest to you. Yours very truly, Enclosure : Receiver. New York, April i, 1909. To the Employees of the 42nd Street Railroad: I have received from a man who calls himself "an abused employee" a letter complaining of various changes which have been made in the force of this Road. I reply thereto that, for the 260 past few months I have had more complaints about the service of the 42nd Street Road than from all other parts of this system put together. In consequence of that, I had a special ex- amination made, and no less than three hundred violations of the rules were reported to me to have been committed within a week. About the same time the Public Service Commission set their inspectors at work and amply confirmed my own investigations. In view of those re- ports, I directed the discharge of the various officers and the changes which have taken place. So far as the particular complaint of the "abused employee" is concerned, I wish you to know that the changes which have been made, have been made by me personally, and not in consequence of any such rubbish as the "abused empiloyee" thinks. I am always glad to receive any complaints from the employees of this Road, and I promise you that I will examine and act on them. I think, however, that it is more manly and straightforward, if a man has a just complaint, to let me know who he is. Receiver. Frederick W. Whitridge, Esq., New York, April 12, 1909. Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: Receipt is acknowledged of your letter of the 7th inst. with reference to certain changes in the officials of the 42nd Street road and enclosing copy of a circular letter addressed to the employes of that road. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, Secretary. At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 9th day of April, 1909. Present: ' William McCarroll, Acting Chairman; Edward M. Bassett, ^Commissioners. Milo R. Maltbie, John E. Eustis, STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the f Case No. 1086. ^ _^ ^ , Amended Order Application of THE THIRD AVENUE RAILROAD COMPANY for the Per-> Granting Applica- mission and Approval of this Commission to the Construction and Operation off .tion. an extension of the Street Surface Railroad on Fort George Avenue, Borough of \ Manhattan, City of New York. I Whereas, an order was duly made on the 26th day of March, 1909, in the above entitled matter granting to The Third Avenue Railroad Company the permission and approval of the Commission 261 to the construction and operation of an extension of its line on Fort George Avenue in the Borough of Manhattan, City of New York, said order containing the following clause, — "IT IS FURTHER ORDERED, That this order shall take effect immediately, and shall continue in force until such time as the Public Service Commission for the First District shall otherwise order"; And Whereas, Application has been made by the said Railroad Company to the Commission to amend and re-enter the said order, omitting the said clause, and it appears to the Commission that the request is reasonable and should be granted. NOW, THEREFORE, RESOLVED, That the said order be and the same hereby is amended and modified nutic pro tunc as of the 26th day of March, 1909, so as to read as follows: At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 26th day of March, 1909. Present : William R. Willcox. "^ Chairman ; John E. Eustis, i ^ ^tT-ii- -xr /-« If r Commissioners. William McCarroll, Edward M. Bassett, Milo R. Maltbie, STATE OF NEW YORK,- PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Application of THE THIRD AVENUE RAILROAD COMPANY for the Per-\ ^ Ord^r°Gr*^dn mission and Approval of this Commission to the Construction and Operation off App^kation" '"^ an extension of the Street Surface Railroad on Fort George Avenue, Borough oi\ Manhattan, City of New York. THE THIRD AVENUE RAILROAD COMPANY having made application to the Public Service Commission for the First District by a petition, duly verified and filed, and accompanied by the docu- ments required. by the rules of practice of the Commission for the permission and approval of the Com- mission to the construction and operation of an extension of its street surface railroad upon the route aescribed in its statement of proposed extension duly filed pursuant to Section 90 of the Railroad Law with the Secretary of State and with the County Clerk of New York County, and in the franchise granted to said company by the city of New York under date of March 4, 1909, and being franchise granted to said company by the City of a full description of said route being hereinafter set forth; And the Commission having fixed Friday, March 19, 1909, at 2.30 o'clock in the afternoon, at the office of the Commission at No. 154 Nassau Street, Borough of Manhattan, City of New York, for a hearing upon said petition, and having directed that a notice of said application and hearing contain- ing a description of the route in and upon which the company proposes to construct and operate said extension, be published in certain newspapers and at certain times specified by the Commission, and said hearing having been had by and before the Commission at the place aforesaid on March 19, 1909, and on March 23, 1909, Commissioner Maltbie presiding; and the said applicant. The Third Avenue Railroad Company, having appeared upon said hearing by Henry A. Robinson, its counsel, and having presented proof of publication of notice of such application and hearing, as required by the Commission, and having presented its proofs, whereby it satisfied the Commission that the construction and opera- 262 tion of said extension is necessary and convenient for the public service; and the Commission having determined, after said hearing, that the constructioa and operation of the extension of said company's road, as described in the statement of proposed extension thereof, filed with the Secretary of State and with the County Clerk of New York County, and as described in said franchise, is necessary and con- venient for the public service ; now, therefore, it is ORDERED, That said application be and the same hereby is granted; that the permission and approval of the Public Service Commission for the First District is hereby granted to the construction and operation by The Third Avenue Railroad Company of the extension of said company's line upon the route and as described in its statement of proposed extension, duly filed with the Secretary of State and with the County Clerk of New York County, and as described in said franchise, as aforesaid, said route being described in said statement and in said franchise as follows: — "Beginning and connecting with the existing double-track street surface railway on Amsterdam Avenue, at or near the intersection of said avenue with Fort George Avenue; thence northerly, west- erly and southerly in, upon and along said Fort George Avenue as it winds and turns, to its intersec- tion with Audubon Avenue, with a loop terminal at said intersection, to be constructed within the present roadway of said Fort George Avenue." The permission and approval hereby granted shall not be construed as an approval by the Com- mission of the contract regarding said proposed extension entered into between said company by Fred- erick W. Whitridge, Receiver, on the one hand, and the City of New York on the other hand, dated March 4, 1909, except as to the grant of the right to construct and operate an extension of said com- pany's line over the route above described. New York, April 12, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have received from the Commission the amended order in Case No. 1086, for which I am much obliged to you, and upon which, if you permit me to do so, I desire to congratulate the Commission upon the common sense which they have displayed in this matter. Yours truly, Receiver. New York, April 12, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: In the matter of the application of the Union Railway Company for permission to build the extension on Pelham Avenue, will you be good enough to inform me whether or not the opinion by Commissioner Eustis, of which you sent me a copy, is to be regarded by me as the final order of the Commission. Will you also be good enough to direct, a copy of the testimony taken in this case, to be sent to me. Yours truly. Receiver. 263 New York, April 13, 1909. F. W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 130th St. & Third Ave., Manhattan. Dear Sir: — Replying to your letter of yesterday inquiring as to the final order in the Pelham Avenue exten- sion matter, I beg to advise that this part of your letter is receiving the attention of Commissioner Eustis. The Law Reporting Company, at 67 Wall Street, distribute all copies of the testimony taken at the hearings of this Commission, and I beg to refer you to them for the testimony you desire. Very truly yours, TRAVIS H. WHITNEY, AM/EH Secretary. New York, April 19, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 130th Street and Broadway, New York City. Dear Sir: The following is a copy of a report by one of our inspectors: — ■ The Union Railway in the Borough of the Bronx in order to get cars to their lines which are some distance from their barns, operate dark cars between regular cars on lines adjacent to the barns. For instance, one barn is located on Webster Ave. just north of McLean Ave. and this barn is used as headquarters for cars of the Jerome Ave. line. To get these cars to Jerome Ave. it is necessary to move them on Webster Ave.. and also on 3rd Ave. to l6ist St. crosstown or Burnside Ave. crosstown, and so over to Jerome Ave. These dark cars should carry signs "No Passengers," "Special," etc., and the shades should be drawn. At present the signs are Jerome Ave. or City Line, the shades are left up, and the cars are to all appearances in service except that the rear gate is closed, which of course, is not apparent to a citizen hailing a car. I have noticed several instances where parties have attempted to stop these cars and even attempt to climb aboard, only to find the gate closed. Serious inconvenience and some danger results from this carelessness on the part of the railway employees. The matter is one which seems to require correction and is submitted with request that you inform the Commission by April 29th of the action which will be taken in the premises. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. New York, April 20th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 19th. It is a fact that we are obliged, in consequence of what I hope is only our temporary inability to use the barns over the City Line, to run a certain number of dark cars to the Webster Avenue Barn. The orders are, of course, that the cars should be shut and the shades drawn. When your inspector says that he has noticed several instances where parties have attempted to stop these cars and even attempted to climb aboard, but does not give names, place, or time of the occurrence, I venture to say, by the exercise of one of the few rights left to me, that I do not believe it. Probably that particular inspector has never heard 264 of the French maxim — "Pas trop de zele." Certainly, however, I will reiterate the orders which have already been given, to prevent any citizen or even any inspector from being misled. Yours truly, Receiver. New York, April 22, 1909. F. W. Whitridge, Esq., Receiver, 42d St., Manhattanville & St. Nicholas Ave. Ry. Co., 130th Street and Third Avenue, New York City. Dear Sir: — ■ On April ■; A. S. Wheeler, Manager of the Charles E. Ellis Real Estate Co., 607 West 43d Street, made complaint of the manner of operating the cars of the 42d Street Line across the New York Cen- tral tracks at nth Avenue. He states that the practice is for the conductor to walk to the tracks and "beckons to the motorman, who immediately starts his car, frequently not even waiting the conductor's signal. If a passenger going east desires to board a 34th Street car on the east side of nth Avenue and 42d Street, he is in danger of his life from the oncoming westbound 42d Street Crosstown car, which, more often than not, fails to stop until it has crossed from five to ten feet beyond the street crossing." Inspection made by our representative seems to corroborate the statements of the complainant. It was found that not unfrequently the conductors walk slowly toward the intersection, their cars time following closely and sometimes reaching the intersecting tracks practically at the same time as the conductor. As the car passes, the conductor boards it. It is presumed that under the instructions to conductors and motormen now in force, the conductor is expected to walk ahead to the crossing, look up and down the tracks and then give the motorman a signal to proceed, and that the practices com- plained of are due to the failure of conductors and motormen to obey instructions. The safer practice would seem to be for the conductor, after going ahead and seeing that the track is clear, to go back to his car before permitting it to go ahead. This rule is followed by the cars of other companies at the same crossing, and it was noted that it prevents carelessness, and failure on the part of conductors to observe the rules. Please give the matter of the complaint proper attention and advise by May 2d what action has been taken to make the operation at that point safer. Very truly yours, TRAVIS H. WHITNEY, GFD/TM Secretary. C-3358. New York, April 2.6, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 24th concerning the complaint of Mr. A. S. Wheeler. The rule in respect to this matter formerly permitted the conductor to go forward and beckon the motorman to come forward with his car. The rule was changed some time ago and is now correctly stated . in your letter. As is the difficulty with so many rules, it is easier to order than to get obedience, and if your representative or your complainant would be good enough to give me the name or the num- ber of any motormen who are offenders against that rule, it would be possible for me to deal with 265 them, but in the absence of that information, I can only reiterate the order. My experience is that one man punished is worth any amount of reiteration of rules, and if I can find out who is guilty, I shall punish them quickly. Yours very truly, Receiver. Harold M. Phillips Attorney and Counselor at Law 271 Broadway Public Service Commission, New York, April 20th, 1909. New York City, N. Y. Gentlemen: — I am the attorney for the Greater New York Tax Payers Association, consisting of about four hun- dred and fifty real estate owners whose property is mainly located in the crowded sections of the East Side. Attention of the association has been drawn to the condition of the car tracks located in Lewis and Columbia Streets, and to the service accorded to the public on these tracks by the Car com- pany, controlling the road. Complaint is made that the company does not run cars with the frequency required by law, and that the tracks are frequently neglected, causing property in that section of the city to decrease in value, without the comforts to residents of the section, that would accrue from the running of the cars upon said tracks. Trusting that your Department will give this matter some attention, I am Very truly yours, (Signed) H. M. PHILLIPS. Travis H. Whitney, Esq., New York, April 26, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : I have yours of the 21st enclosing the complaint of H. M. Phillips. In reply thereto I beg to enclose copy of a report made to me by the Superintendent of the Dry Dock Road. Pending the re-organization of this Company, I regret that I do not see my way to doing anything about the matter. Yours truly, Receiver. H. M. Phillips, Esq., New York, April 26th, 1909. 271 Broadway, New York City. My dear Sir: I send you herewith copy of my reply to the Public Service Commission in answer to your complaint. Yours truly. Enclosures: 2 Receiver. 266 New York, April 24th, 1909. Memorandum. Service on the streets mentioned in the complaint of H. M. Phillips formed a part of the Avenue "D" Division of the Dry Dock Company, and was discontinued by the New York City Railway Company on October 23rd, 1903, and since that date one car has been operated over the route in question, one trip per day. The tracks on Columbia and Lewis Streets, between Grand and Houston Street, are in bad condi- tion, owing to the character of the rails and the length of time they have been in service. To place the tracks in condition for more frequent operation would entail considerable expense, and we are advised that the reason for abandoming the route by the New York City Railway Company, was because of the almost absolute lack of patronage, with a consequent loss from daily operation. Frederick W. Whitridge, Esq., Receiver, New York, April 26, 1909. Third Avenue Railroad Co. system, 6sth Street & Third Avenue, New York City. Dear Sir: — The quarterly report for the period ended March 31, 1909, which is now returnable, will be made upon the existing blank forms, as the new forms based on the Uniform System of Accounts for Street and Electric Railways adopted December 8, 1908, are not yet ready for distribution. Companies may make such alterations in the items of the balance sheet as are necessary to bring the same into con- formity with the accounts kept in pursuance of the accounting order. The reports must be filed not later than May 12 unless an extension of time has been granted by the Commission prior to that date. A copy of the rule governing application for extension is enclosed. Very truly yours, AFW/ARB TRAVIS H. WHITNEY, Rule XXVI enclosed. Secretary. STATE OF NEW YORK PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT RULE XXVI OF THE RULES OF PROCEDURE OF THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT, ADOPTED FEBRUARY 23, 1909, Governing Application for Extension of Time to File Reports. RULE XXVI. — Application for Extension of Time for Making and Filing of Reports. — An ap- plication by any corporation or person for an extension of the time within which it is required to make and file any report with the Commission shall be in writing, by verified petition, filed before the expiration of the period extension of which is deemed necessary, and setting forth in detail (i) what, if any, effort has been made by the applicant to prepare such report; (2) any facts tending to show why the said report cannot be made and filed within the time prescribed; (3) any other facts which may make an extension of time necessary or proper; (4) the further period of time deemed nec- essary by the applicant within which to make and file such report. The Commission may hold a hear- ing upon said petition and in that event the applicant shall attend before the Commissioner pre- siding and produce such witnesses and documents in the matter as the Commission shall require. Travis H. Whitney, Esq., New York, April 29th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : I have yours of the 26th, which I understand to mean that the Commission is contemplating some further changes in the form of accounts and that another order in respect thereto may be expected as the Seasons unfold. 267 I also note that "Companies may make such alterations to the items of the Balance Sheet as are necessary to bring the same in conformity with the accounts kept in pursuance with the accounting order." I am very happy to have that information. I have no doubt that there is somebody in my employ who understands what it means. I am anxious to be particular and precise about these matters, for you have already brought nine suits against me for violation of some of x^^r rules, orders or regulations in respect to accounts, and I do not wish to run the danger of your being able to collect any penalties which will deplete my resources, through my inability to comprehend what you want. Yours truly. Receiver. Frederick W. Whitridge, Esq., Rec, New York, April 27, 1909. Third Avenue Railroad Co., 130th St. & 3rd Ave., City. Dear Sir: I transmit herewith a certified copy of Final Order in Case No. 1047, which covers the use of fenders and wheel-guards in the Borough of Manhattan and the Bronx, adopted by the Commission at its meeting today. Yours very truly, AM/PG TRAVIS H. WHITNEY, Enc. Secretary. At a Meeting of the Public Service Commission for the First District, duly held at its office Number 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 27th day of April, 1909. Present: William R. Willcox, Chairman. William M'Carroll, Milo R. Maltbie, John E. Eustis, >- Commissioners. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement in and Addition to the Service and Equipment of the METROPOLITAN STREET RAILWAY COMPANY and ADRIAN H. JOLINE and DOUGLAS ROBIN- SON, its Receivers; THIRD AVENUE RAILROAD COMPANY and FRED- ERICK W. WHITRIDGE, its Receiver, et al., in respect to Fenders and Wheel Guards and Safety Devices used in connection therewith on surface cars operated in the Boroughs of Manhattan and the Bronx, City of New York. Case No. 1047. Final Order. After a hearing duly held in the above entitled matter before Mr. Commissiqner Maltbie on the 4th, nth and 25th days of February, 1909, and the 2d day of March, 1909, it is ORDERED: That the companies and the Re::eivers above named on or before August ist, 1909, equip all their cars in service, except those operated by animal power, with a wheel guard at each 268 end of the car, of a type which shall have been approved by the Public Service Commission for the First District, and that thereafter said companies and said Receivers shall not put in service any cars, except those operated by animal power, until they shall have been equipped with wheel guards as aforesaid, and that they maintain all of said wheel guards in a good operating condition; and it is further ORDERED: That said companies and said Receivers, on or before May 15th, 1909, submit to the Public Service Commission for the First District for its approval complete drawings and specifica- tions, showing among other things all measurements and the method of attachment to the car, of the type or types of wheel guards intended or desired to be used by them, in compliance with this order; and it is further ORDERED: That this order shall take efifect on April 28th, 1909, and shall remain in force un- til revoked or modified; and it is further ORDERED : That within five days after service of a copy of this order upon them, said companies and said Receivers shall notify the Public Service Commission for the First District whether this order is accepted and will be obeyed. New York, April 29th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have your four favors of the 27th addressed to me as Receiver of the Third Avenue Rail- road Company, the 42nd Street, Manhattanville & St. Nicholas Ave. Ry. Company, the Dry Dock, East Broadway & Battery Railroad Company, and the Union Railway Company. The Commission is aware that I ordered the Hudson-Bowring Life Guards installed on my cars some months ago, and the work has been going along continually. I do not think that I have any plans or specifications of the apparatus, as my contract covers the installation, but I will ask the manufacturers for them and I presume that measurements can also be obtained and the method of attachment to the car described in such a way as to be satisfactory to your various bureaus, though I myself have no use for them. Yours truly. Receiver. New York, May ist, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : The Third Avenue Railroad Company's Fort George Loop order having been amended by striking out the provision which limited its continuance until cancelled by the Public Service Commission, I suggest that the Order in the matter of the Bronx Traction Company, Case No. 1059, be amended accordingly. Yours truly, Receiver. 269 Frederick W. Whitridge, Esq., New York, May 4, 1909. Receiver, Union Railway Company, 130th St. & Third Ave., N. Y. C. Dear Sir: I transmit herewith copy of Supplemental Opinion of Commissioner Eustis in Case No. 1085, as adopted by the Commission at its meeting to-day. Yours very truly, AM/SZ • ■ TRAVIS H. WHITNEY, Enc. Secretary. In the Matter of the Application of the UNION RAILWAY COMPANY OF NEW YORK CITY ) Case No. 1085. for the permission and approval of this Commission to the Construction and Opera- tion of an Extension of its Street Surface Railroad on Pelham Avenue, Borough of The Bronx, City of New York. SUPPLEMENTAL OPINION. In my former opinion, reported to the Commission on April 2, 1909, I recommended that no ac- tion be taken until the franchise has been amended and another application presented for the approval of another franchise leading from Sedgwick Avenue in the Bronx to Broadway in Manhattan across University Heights Bridge. Since rendering that opinion I have had several interviews with the representatives of the parties in interest. One of the serious objections made in the former opinion was of a condition contained in the fran- chise whereby the company was to pay to the City of New York two sums, one of $20,385.08, and the other of $31,758.87, before any rights conferred by the franchise were to be exercised by the company. Frederick W. Whitridge, the Receiver of this company, has agreed, if action is taken upon his application, to eliminate this condition by paying to the city these amounts at once. The other conditions of the franchise that are objectionable are those that relate to the regulation of the service of the company by the Board of Estimate, duties that are imposed upon this Commis- sion by the Public Service Law, and can be overcome in this case as in the case of the Bronx Trac- tion Company application for approval of franchise on Clason's Point Road by a reservation in the certificate. I have been advised by our Franchise Bureau that the papers mentioned in my previous opinion as not having been filed with the Commission have since been received. The remaining objection was the failure of the company to take from the city the other franchise granted at the same time, to complete this crosstown line. I am satisfied now that it will be impossible for the Receiver to comply with that request. The bondholders of the line have refused to allow the Receiver the privilege of doing this, or furnishing the money, and without the approval of the bondholders the court would not sanction this expense, by the Receiver, and I am assured by the Receiver himself that this part of the crosstown line will have to remain in abeyance until the reorganization of the company, which he thinks will certainly take place before the end of the present year. And, in view of the fact that the building of this line would to a certain extent serve some of the people that would be served by the complete crosstown line, and considering that the Receiver has the authority to build this line at the present time and the money provided therefor, it would, in my opinion, be unwise to longer defer action upon this application. I would, therefore, recommend that, if the Receiver removes the conditional provisions in the franchise by producing to the Commission a receipt showing that he has paid the above mentioned sums to the City of New York, the application be granted, with the reservation that the full power of regulation over service and equipment of the company by this Commission is not in any way waived by such approval. (Signed) JOHN E. EUSTIS, Commissioner. 270 Travis H. Whitney, Esq., New York, May 5th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : I iiave yours of the 4th enclosing to me Supplemental Opinion of Commissioner Eustis in case :^io85, for which I am very much obliged to you. I should be glad to hear when this opin- ion is approved by the Commission and the order ready to be issued. Yours truly, Receiver. New York, May 6, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 130th Street & Third Avenue, New York. Dear Sir: As indicated in my letter transmitting to you the supplemental opinion of Commissioner Eustis in Case No. 1085, the opinion was approved by the Commission on Tuesday, May 4th, 1909. Commissioner Eustis stated at the meeting of the Commission that as soon as the receipt of the payment of certain sums mentioned in the opinion had been submitted to the Commission, he would submit an appropriate order for adoption by the Commission. Very truly yours, TRAVIS H. WHITNEY, THW/EH Secretary. New York, May 7th, 1909. John E. Eustis, Esq., Commissioner, Public Service Commission, 154 Nassau Street, New York City. Dear Mr. Eustis: Following our telephone communication, I received your revised opinion in the matter of the Pelham Avenue extension, and replied thereto to Mr. Whitney saying I was much obliged and would be glad to see the Order. I have from him this morning a letter informing me that you stated at a meeting of the Commission "that as soon as the receipt of the payment of certain sums mentioned in the opinion had been submitted to the Commission, he would submit an appropriate order for adoption by the Commission." I confess that I really do not understand your procedure. I am very much obliged for your good offices and for what you have done in this matter, and I suggest that the practical way to conclude the matter is to make an appointment for some time, which I leave to you, at which an official from the Comptroller's office may be present at your office and the money paid, receipt given and the order issued. I make this suggestion be- cause of my uncertainty in the matter and because also in your first opinion you say flatly — That if the Commission gave its approval, the Company (that is in this case — myself) might fail to make the payment which I agreed to make, and go on and operate the line and thus cheat the City. 271 I think I am bound to assume that, if this could be true, it might possibly also be true, that if I paid money to the City and showed you the receipt, a change of mind might possibly occur in your office, and the order — on the faith of getting which I had so paid the City — might be re- fused. In other words — and frankly speaking, I am unwilling to concede that anybody, even a public body, has a higher code of morality than I have, or that any man's word is better than mine. If you will be good enough to make such an appointment as I propose, I will send Mr. Robinson down with the check and it can be paid in your presence and the order then delivered. Yours truly, Receiver; New York, May 8, 1909. Mr. F. W. Whitridge, Receiver, Third Avenue Railroad Company, 130th Street and 3rd Avenue, New York City. My Dear Mr. Whitridge: Your favor of the 7th in re Pelham Avenue franchise matter received, and after my talk over the 'phone with you I am surprised at its contents The last thing I understood you to say was that you would be downtown yesterday, attend to the matter and be over to see me, and I also understand you have had a copy of the supplemental opinion which has been adopted by the Commission, and this commits the Commission to grant the certificate when you produce evidence that franchise has been made absolute by removing the conditional clause. If you can get the Comptroller's office to come here to do business I am somewhat surprised and, in any event, the money you are to pay to the city is a debt which you ought to pay with or without the franchise. I have the resolution or order of this Commission already prepared, which you can see if you like, and which I have no doubt, if I live, will be passed by this Commission as soon as we receive satisfactory evidence of the payments to be made to the city. And, further, if you are not willing to trust this Commission, as you seem inclined not to do, to carry out the substance of the opinion, then all I can say is that you had better attend some of our public hearings when we have a quorum, on Tuesdays and Fridays, with your evidence, and you can be present to see the order passed. Yours very truly, J. E. EUSTIS, Commissioner. New York, May loth, 1909. John E. Eustis, Esq., Commissioner, Public Service Commission, 154 Nassau Street, City. Dear Mr. Eustis : I have yours of the 8th. It is quite true that I did telephone that I would come downtown, but I was obliged to go out of town and sent Robinson in my stead. I will take the matter up to-day. I am glad to find that you don't at all relish the idea of my treating your Commission with precisely the same degree of confidence and trust, with which, in your first opinion, you thought I ought to be treated. Yours truly, Receiver. 272 Public Service Commission, New York, May 5th, 1909. 154 Nassau Street, New York City. Gentlemen : The attention of our committee has been called to the fact thaf there is no service upon the surface line from i62d Street north to Kingsbridge on the B roadway line from i -.30 A. M. to 5 A. M. The use of this road has greatly increased by reason of the increase in population of the section served by it, and this lack of service is rendered very annoying and inconvenient to those who wish to use surface cars during the hours mentioned. So we ask that this complaint be investigated, and that your Commission direct the operating company to furnish reasonable service during the hours specified. Yours very truly, (Signed) JOHN A. BOLLES, Chairman Com. on Pub. Imps. Travis H. Whitney, Esq., New York, May 10, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 7th instant enclosing a complaint from Mr. John A. Bolles of the Liberal Republican Club. At one time we ran cars on the Kingsbridge Road between the hours of 1 :30 and 5 A. M. Whether that was before the Liberal Republican Club was organized or be- fore they began to stay out late, I do not know, but I do know that it is the fact that nobody at all offered themselves for transportation during those hours, therefore the cars were taken off. If Mr. Bolles or anybody else can show us that there are passengers enough desiring to travel at that time on that Road to pay for the wheel grease, we will be happy to put the cars back. Yours truly, Receiver. John A. Bolles, Esq., New York, May 10, 1909. Liberal Republican Club, 454 West 155th Street, City. My dear Sir : I enclose herewith copy of my answer to the Public Service Commission to your complaint dated May 5th, which I hope will be satisfactory. Yours truly, Enclosure: i. Receiver. New York, May 6, 1909. Frederick W. Whitridge, Esq., Receiver, Union Railway Company, 130th Street and Broadway, , New York City. Dear Sir: J. H. Friedrichsen, Secretary, East Bronx Property Owners' Association, makes complaint that the cars of the Westchester Avenue line of the Union Railway Company are overcrowded between the hours of 5:00 and 7:00 P. M. 273 An inspection of the service, including a count of the passengers carried on that line, on May 4th, showed the complaint justified. A part of the difficulty arises from the irregular headway maintained, which varied from 2 to 11 minutes. The count made at Third and Westchester Avenues showed for half-hour periods the following : Time. Destination. Number Cars. Number Passengers. Seating Capacity. Average Load per Car. Average Headway. Number Passengers. p. M. 5 00 to 5 30 7 8 7 6 296 418 487 251 252 288 252 216 6 stand. 16 " 34 " 6 " 4 min. 4 5 60 5.80 " 6.00 6 00 " 6 80 130 285 6 80 '' 7 00 » 50 The average number of passengers standing on each car was 15. It is believed that the service on this line during the period covered can be and ought to be improved. A reply to this letter is requested by May i6th, stating what measures will be taken to improve the service and when the improvement is to take eflfect. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. C-3395 New York, May 10, 1909. Travis H. Whitney, £sq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : I have yours of the 6th instant referring to the complaint of Mr. John H. Friedrichsen about the service on the Westchester Avenue Line. I think it very likely that the results of your inspection are substantially correct. The open- ing of the new station at Simpson Street has increased the traffic there, and the irregularity in the arrival of the subway trains may have caused the irregular headway to which you refer. I have had a couple of extra cars put on, and am, of course, only too anxious to oblige the public in all of these matters. The Union Railway has been supplied with one hundred entirely new cars, and fifty more open cars are now in course of supply to it. I hope that that will be sufficient for this summer, as I have not made my calculations to furnish more this year. I think that perhaps, in case of complaints of this kind, it would be a good thing if you would notify us what the complaints are, and if they are not obviously correct and require investiga- tion or inspection, we should arrange to have that inspection jointly. I say this, because, by chance, I lately saw one of your inspectors at work, and thought him a very unconvincing young person. Yours truly, Receiver. 274 New York, May nth, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: My Auditor is sending you to-day the Accounts of the Roads under my jurisdiction, for the quarter ending March 31st. I notice that these are given to the papers by your Commission after two or three weeks' delay. I am sending copies of the summary, of which I enclose copy to you herewith, to the papers this morning, as the Boards of Directors have, in the past, been severely criticised for withholding accounts from the public for a convenient interval, and I sup- pose Receivers might equally be censured for so doing. Yours truly. Enclosure: i. Receiver. At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the nth day of May, 1909. Present : William R. Willcox, Chairman William McCarroll Edward M. Bassett Milo R. Maltbie John E. Eustis ^ Commissioners. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Application i of the / UNION RAILWAY COMPANY OF NEW YORK CITY for the permission^. ^Qrd^^Gr^t^ng and approval of this Commission to the construction and operation of an extension 1 Application, of its street surface railroad on Pelham Avenue, Borough of The Bronx, City of\ New York. I The UNION RAILWAY COMPANY OF NEW YORK CITY having made application to the Public Service Commission for the First District by a petition duly verified and filed by Frederick W. Whitridge, Receiver, and accompanied by the documents required by the rules of practice of the Commission for the permission and approval of the Commission to the construction and operation of an extension of its street surface railroad upon the route described in its statement of proposed extension, duly filed pursuant to Section 90 of the Railroad Law with the Secretary of State and with the County Clerk of New York County, the following being a description of the streets, roads, avenues and highways in and upon which it is proposed to construct, maintain and operate such extension in the Borough of The Bronx, City of New York, namely : "Beginning at and connecting with the double track road now constructed on Third Avenue at the junction of Pelham Avenue, running thence easterly with double tracks in or upon and along the surface of Pelham Avenue to the Southern Boulevard, all in the Borough of The Bronx, in the City of New York." And the Commission having fixed Thursday, March 25. 1909, at 4 o'clock P. M., at the office of the 275 Commission, at No. 154 Nassau Street, Borough of Manhattan, City of New York, for a hearing upon said petition, and having directed that a notice of said application and hearing, containing a description of the route in and upon which the company proposes to construct and operate the said extension, be pub- lished in certain newspapers and at certain times specified by the Commission; and said hearing having been had by and before the Commission at the time and place aforesaid, Commissioner Eustis presiding; and the said applicant, the UNION RAILWAY COMPANY OF NEW YORK CITY, having appeared upon said hearing by Henry A. Robinson, its counsel, and having presented and filed with the Commis- sion proof of publication of notice of such application and hearing, as required by the Commission, and having presented its allegations and made its proofs, whereby it satisfied the Commission that the construc- tion and operation of said extension is necessary and convenient for the public service; and the Commis- sion having determined after said hearing that the construction and operation of the extension of said company's road as described in the statement of proposed extension thereof, filed with the Secretary of State and with the County Clerk of New York County, is necessary and convenient for the public service; NOW THEREFORE, it is ORDERED, That said application be and the same hereby is granted ; that the permission and ap- proval of the Public Service Commission for the First District is hereby granted to the construc- tion and operation by the UNION RAILWAY COMPANY OF NEW YORK CITY of the exten- sion of said company's line upon the route and as described in its statement of proposed extension duly filed with the Secretary of State and with the County Clerk of New York County, as afore- said, said route being described in said statement as follows: "Beginning at and connecting with the double track road now constructed on Third Avenue at the junction of Pelham Avenue, running thence easterly with double tracks in or upon and along the surface of Pelham Avenue to the Southern Boulevard, all in the Borough of The Bronx, in the City of New York." Nothing herein contained shall be construed as an approval by the Commission of the contract regard- ing said proposed extension entered into between said company and The City of New York, dated March I, 1909, except as to the grant of the right to construct and operate an extension of said company's line over the route above described and for and during the periods mentioned in said contract. New York, May 12th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I beg to acknowledge the receipt of the Order of the Commission in the matter of Case 1085, granting the application for the building of a railroad from the Fordham Station to the entrance to the Zoo. Yours truly, Receiver. New York, May 17, 1909. Frederick W. Whitridge. Esq., Receiver, Third Avenue R. R. Co., 130th St. & Third Ave., N. Y. C. Dear Sir: Your attention is called to the fact that no plans or specifications, as required by Final Order in Case No. 1047, have as yet been filed. In your letter of the 29th ult., you stated on behalf of the Third Avenue Railroad Company, the 42nd Street, Manhattanville & St. Nicholas Ave. Ry. Company, the Dry Dock, East Broadway & Battery Railroad 276 Company, and the Union Railway Company, that you will ask the manufacturers of the Hudson- Bowring Life Guards for plans and specifications to enable you to comply with the requirements of this order. Yours very truly, TRAVIS H. WHITNEY, AM/SZ Secretary. Travis H. Whitney, Esq., New York, May i8th, 1909. Secretary, Public Service Commission, ] 154 Nassau Street, New York City. My dear Sir: I have yours of the 17th calling my attention to the fact that no plans and specifications of the life guards installed upon my cars, as required by Final Order 1047, have yet been filed. I have written this morning to the agents for the H. B. life guards, for plans and specifications, which I will send you as soon as they arrive. I suppose that, technically, as these life guards were installed by me before the Commis- sion undertook to consider the question of life guards at all, my action is outside the Order. Of course I am anxious to give them every information which they desire, but, until I receive the records from the manufacturers, which I am asking for, I send you herewith a sheet contain- ing a photograph of the device which was embodied in a report lately sent to me by the Public Service Commission, and I refer you to the report of the Commissioner's experts showing the Hudson-Bowring device so illustrated, at the head of their list. Yours truly, Receiver. Travis H. Whitney, Esq., New York, May 21, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: Referring to your letter of May 17th, I have received from the manufacturers the enclosed blue print in respect to the H-B Life Guard, showing method of attachment to the Third Ave- nue cars. If there is anything else you want in addition to what you already have, kindly let me know and I shall be happy to send it to you. Yours truly. Enclosure: i. Receiver. New York, May 21, 1909. My dear Mr. Whitridge: This letter will be presented by Mr. Bion J. Arnold, consulting engineer for the Public Service Commission, who desires to arrange with you so that he or his assistants can visit the power houses, and other property under your control, as receiver. Sincerely yours, To W. R. WILLCOX. F. W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 65th Street & Third Ave., N. Y. City. 277 New York, May 21, 1909. My dear Mr. Whitridge: This letter will be presented by Mr. George A. Damon, engineer, connected with the Appraisal Bureau of the Public Service Commission. He desires to arrange with you so that he or his assist- ants can visit the power houses and other property under your control as receiver. Yours sincerely, W. R. WILLCOX. To F. W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 65th Street & Third Ave., N. Y. City. New York, May 24, 1909. TO SUPERINTENDENTS & WATCHMEN OF THE BUILDINGS of the Third Avenue Railroad Company, Dry Dock, East Broadway & Battery Railroad Co., 42nd Street, Manhattanville & St. Nicholas Ave. Ry. Co., Union Railway Company. Please admit the bearer, Mr. Bion J. Arnold, and his assistants to an inspection of the premises under your control and afford them every information in your power. Receiver. Mr. Wm. H. Warner, New York, May 24, 1909. 432 West 160 Street, New York City. My dear Sir: The Public Service Commission has sent to me your complaint of the 20th instant, and I enclose copy of my reply thereto. Yours truly, Receiver. Enclosure: 432 Westi6oth Street, New York, May 20, 1909. The Public Service Commission, New York City. Gentlemen: Is there any way in which the residents on Amsterdam Ave. can be relieved (partially at least), from the nerve-racking noise cause by either loose rails or some defect in road bed? I reside at i6oth Street and Amsterdam Ave., where on Sunday afternoons and evenings at this season of the year an average of four cars a minute pass. For instance: — When a car gets at a point on the down-town track about twenty feet or so from i6oth Street it strikes a defective section extending nearly half a block, when each car in transit lets out a most awful grinding, crushing din. Imagine this noise in the "silent watches of the night" and try and help us. Yours truly, (Signed) WM. H. WARNER. 278 New York, May 24, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 21st enclosing complaint of Mr. William H. Warner. I am aware of the fact that, as the season gets warmer and people leave their windows open, there is a con- tinual stream of complaints about the noise on upper Broadway and Amsterdam Avenue. I be- lieve that a certain amount of that noise is preventable, and as I have already explained to the Commission verbally, I have asked the Reorganization Committee to provide me with the sum of one million dollars, with which to do the things to the track of this road which, in my judg- ment, ought to be done. With the concurrence and support of your Commission, I think it would be possible to raise that money, together with all the rest of the money that ought to be raised to put this System in first-class condition, and if it is raised I have made arrangements to begin the work early in August, which is the earliest date at which the manufacturers can enable us to proceed. In the meantime, I am powerless to do anything except to exhort the sufferers from noise to exercise the same patience which I must display daily. Yours truly. Receiver. THE HILSON COMPANY, S. W. Cor. 1st Ave. and 39th St. New York, May 13, 1009. The Public Service Commission, 154 Nassau St., City. Gentlemen: I have occasion many times during the day and week, to take the surface line that runs from Grand Central Depot past my office on First Ave. & 39th St. I have found much trouble again in conductors putting me off of the car at First Ave. for 34th Street Ferry. On May loth, conductor No. 1325, car 394, about 1:50 P. M. insisted upon me getting off, and even refused to give me a transfer to 34th St. I had only got on the car at Grand Central Depot. This certainly is against the law, and my protests to the officials does not seem to do any good. Kindly take this matter up and oblige. Yours very truly, (Signed) EDWARD HILSON. Edward Hilson, Esq., May 17, 1909. First Avenue and 39th Street, New York City. Dear Sir: Receipt is acknowledged of your letter of the 13th" inst. making complaint of being put off car No. 394 on May loth, by conductor No. 1325. The complaint fails to state whether the car referred to is on the 42nd Street Crosstown line, which runs to 42nd Street and East River, or whether it is a car of the 34th Street Ferry line, which turns at 42nd Street and First Avenue and runs south to 34th Street and to the ferry. 279 If you will furnish the details as to the car or cars complained of and the point on the line at which transfers are refused, immediate atention will be given the complaint. Yours very truly, (Signed) TRAVIS H. WHITNEY, Secretary. THE HILSON COMPANY, S. W. Cor. ist Ave. and 39th St. New York, May 19, 1909. Mr. Travis H. Whitney, Secretary, Public Service Commission, 154 Nassau St., City. Dear Sir: Replying to your kind favor of the 17th inst. I beg to say that the car in question was a car marked 34th Street Ferry, which I took at the Grand Central Depot, and when I got to First Ave., the conductor changed the sign and compelled me to get out, or rather, he took me to the Ferry, from 42nd Street, and I had to walk the balance of the distance. This happened at First Ave. & 42nd Street, and instead of the car running to 34th Street Ferry, it went to the foot of 42nd Street. I trust that the case is complete. Car number and conductor number you have. Yours very truly, (Signed) EDWARD HILSON. Mr. James A. Roosevelt, May 23, 1909. General Superintendent. Dear Sir: Relative to the attached complaint to the Public Service Commission from Edward Hilson, Esq., First Avenue and 39th Street, beg to advise you that I have seen Conductor Treanor Badge No. 1325 and Motorman Schill Badge No. 1160. The Conductor states that on or about the date in question at about the given time when his car had crossed First Avenue en route to East 42nd Street Ferry, a man who was reading a letter remarked to him that he thought the car was bound for 34th Street Ferry, and when the Conductor told him that it was not, he said that it was an outrage to have him change cars. The Motorman also states that this passenger made some remarks to him about the destination of the car, and said that he would report the matter to the Mayor.' The Conductor and Motorman both state that their car did not have East 34th St. Ferry signs on the above trip, and the Conductor further states that the passenger accepted a transfer from him. I fail to see what motive our 42nd Street men would have for changing signs on this Line as they are paid by the hour, and not by the trip. I allowed the above crew to return to work. Respectfully, o. McDonald, Superintendent. May 24th, 1909. Edward A. Maher, Esq., General Manager. Dear Sir: Please find attached, Mr. McDonald's report on the complaint of Edward Hilson, Esq., of First Avenue and 39th Street. The conductor's day card shows that he did not go to East 34th Street on this trip and I cannot see what reason he would have for changing the destination of the car if it was scheduled to go to East 34th Street Ferry. We keep no records of what signs these cars carry from West 42nd Street bound east, but the dinner relief cars are all scheduled to make one trip from 34th Street Ferry to West 42nd Street, then two round trips between East 42nd Street and West 42nd Street, then from West 42nd Street to 280 East 34th Street Ferry. I find that on the above date all dinner relief cars made these runs as scheduled, and there was no variation, therefore I am inclined to think that the story told by the crew of car 394 is correct, and that the car did not carry East 34th Street signs, and that the gentle- man was mistaken when he said that the car did carry East 34th Street signs. Respectfully yours, JAMES A. ROOSEVELT, General Superintendent. New York, May 25, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: Referring to yours of the 20th in respect to the complaint of Mt. Edward Hilson, I beg to say that every care is taken to see that the signs are so turned on the car as to represent the actual destination of that car, and the only explanation I can give Mr. Hilson's particular grievance is that he was mistaken. I enclose the reports in respect to the matter, which I am afraid Mr. Hilson will not find very satisfactory, but which are the best I can do. Yours truly, Enclosures : Receiver. New York, May 25, 1909. Edward Hilson, Esq., First Avenue & 39th Street, New York City. Dear Sir: The Public Service Commission has handed to me your letters of the 13th and 19th and I have had the complaint investigated and send you copies of the reports in respect thereto here- with. I am afraid that you will not find them satisfactory as there is a conflict of recollections between you and the crew of the car. You say that the thing frequently happens, and if, whenever it does happen, you will send me a precise statement of the case, you may be sure that I will do whatever is in my power to have it remedied. The sooner I get the complaint after the occurrence, the more certain I shall be of having the person who turned the sign wrong — if there was any such person — ^properly punished. Yours truly, Enclosures: Receiver. 281 New York, May 28, 1909. E. Hilson, Esq., First Avenue & 39th Street, New York City. My dear Sir: I have yours of the 27th. You understand of course that I do not in the least question your veracity, and I perfectly understand that if the conductor had changed the sign on the car, it was extremely improbable that he would admit it. What I meant about making a complaint was — that a complaint addressed to me is attended to at once. A complaint addressed to the Public Service Commission, the Mayor, or the Pope, or anybody else, does not reach me for some days after it reaches them, and the thing gets a little stale. I can promise you that any- thing which you write me will be attended to at once. If you tell me that conductor number so and so has done something or other, I will see that he is disciplined. Yours truly, Receiver. New York, May 27, 1909. Mr. Frederick W. Whitridge, Receiver, 3rd Ave. Railroad Co.," 130th St. & 3rd Ave., City. Dear Sir: — Replying to your favor of May 25th, I would say that this narrows itself down to a question of veracity, between the Conductor, Motorman, and myself. My eyesight is perfectly good, and when I got on board this car, the sign was up for 34th Street Ferry, and I might add, this thing frequently occurs and this is not the first time. When the weather is good, I do not mind it, but in this instance I might say, that I can make an affidavit that I saw the Conductor change the sign; in fact, he admitted as much, that he was told to do it, by the Starter at the corner. I made this complaint a day after the occurrence. I could not make it much quicker. I rjiight add (for your information) that similar occurrences have happened, and I made a com- plaint to the Mayor a few years ago, and for a time, this was obviated. Yours very truly, EH/F EDWARD HILSON. New York, June 2nd, 19C9. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the ist and send you herewith a copy of a letter which I have addressed to J. W. Mallon. Yours truly, Enclosure : , Receiver. 282 936 West End Avenue. Mr. Travis H. Whitney, Secty., Public Service Commission. Dear Sir: I write to call your attention to the condition of the street railway tracks at io6th Street and Broad- way. I believe that Receiver Whitridge stated last winter that the tracks of the Broadway branch would be repaired as soon as the frost was out of the ground. I fear the frost will again be on the pumpkin before he gets to work. What of the new cars that were promised for this branch? The same old wrecks that screeched and scraped and bumped over the route last year (and supposedly for the past hundred years) are still making night and day hideous. Yours truly, (Signed) . J. W. MALLON. New York, May 29th, 1909. New York, June 2nd, 1909. J. W. Mallon, 936 West End Avenue, New York City. Dear Sir: The Public Service Commission has sent me your letter of May 29th. I do not know what I said last Winter about the tracks at io6th Street and Broadway; I dare say I said that they would be repaired as soon as the snow was off the ground. The number of senseless com- plaints that I receive from that part of the world would almost justify me in saying anything whatever, but the fact now is that the reorganization of this property is fairly under way. I think the Committee will be able to bring about a plan during this month. I have told them that one million of dollars is necessary to be expended on the tracks of the System, and I am making all the arrangements — if the thing goes as I expect it will go — to begin the work on the Broadway branch in the month of August. I am arranging to put seventy-five new cars on the Broadway branch out cff the 275 which were ordered by me last Autumn. Those cars are coming in now at the rate of four or five a day, and I hope that before the month of June is over, all of them will have been delivered, and those allocated to the Broadway line will be in service. You are hardly just to the cars that are now running. They are not old wrecks, some of them were new last Spring. All of them were put in good order in accordance with the regula- tions of the Public Service Commission, and I do not believe that you really suppose that they are one hundred years old. As I am concluding this letter, my secretary informs me that J. W. Mallon is a lady from whom I had the pleasure of hearing last January, and I beg to say that I am glad to find that her interest in my shortcomings is still as vivid and as accurate as ever. Seriously speaking, I am obliged to her for calling my attention to these matters, and I think that such complaints really hasten the time when things are made better. Yours truly, Receiver. 283 At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, Borough of Manhattan, City of New York, on the 25th day of May, 1909. Present : William R. Willcox, Chairman ; William McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis, I Commissioners. In the Matter of the Hearing on the Motion of the Commission on the matters complained of by WAGENHALS & KEMPNER and others, in respect of the location at Times Square, in the City of New York, Borough of Manhattan, of the tracks and switches of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Com- pany and Frederick W. Whitridge, as Receiver of said Company, the Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, as Re- ceivers of said Company, and the Broadway and Seventh Avenue Railroad Com- pany. Dismissal Order Case No. 1068. A hearing order No. 1068 having been duly made by the Commission on February 19, 1909, direct- ing that a hearing be had on the matters complained of by Wagenhals & Kemper and others in respect of the location at Times Square in the City of New York, Borough of Manhattan, of the tracks and switches of the Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company and Frederick W. Whitridge, as Receiver of said company, the Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, as Receivers of said company, and the Broadway and Seventh Avenue Railroad Company, and pursuant to said order a hearing having been duly had before Commis- sioner Milo R. Maltbie on March 2, 1909, and subsequent dates; and it appearing to the Commission that there are no reasonable grounds for the complaint in regard to the location of the said tracks and switches; it is ORDERED, That this proceeding be and the same hereby is dismissed. New York, June 2, 1909. Frederick W. Whitridge, Esq., Receiver, 42nd Street, Manhattanville & St. Nicholas Avenue Railroad Company, 130th Street and Third Avenue, New York City. Dear Sir: On April 5th, 1909, Mr. A. S. Wheeler, Manager of the Charles E. Ellis Real Estate Company, 607 West 43rd Street, made complaint of the manner of operating the cars of the 42nd Street line across the New York Central tracks at Eleventh Avenue. Ihe complaint was investigated and on April 22nd the substance of our inspector's report was sub- mitted to you with request that the matter be given attention and the Commission advised as to what action would be taken to make the operation of cars at that point safer. Your reoly of April 26th showed that the rule in force required that the conductor go forward, look «p and down the tracks, and then return to his car before proceeding across the intersection. A subsequent observation showed an improvement as conductors rarely failed to observe the order. On May 24th a new complaint was received to the effect that since the operation of the pay-as- you-enter cars the practice of conductors has been discontinued and that now, owing to their duties on the platform they do not run ahead of the car before its passage over the intersecting tracks. The operation of street cars across steam railroad tracks without the protection of crossing gates or crossing flagmen, and without requiring the conductor to know that the crossing is clear before giv- 284 ingthe signal to go ahead, is undoubtedly a dangeroas practice and contrary to the rules everywhere in force. No observations have been made to verify the facts alleged by complainant as to the present practice, but assuming that it is as stated, it seems proper to request that for the safety of operation of the cars of the 42nd Street, Manhattanville & St. Nicholas Avenue Railroad a flagman be stationed at the crossing of 42nd Street and Eleventh Avenue throughout the twenty-four hours. As the Receivers of the Metropolitan Street Railway Company also operate their 42nd Street branch of the 34th Street Crosstown line on separate tracks across the same intersection, it is possible that joint arrangements may be made with those Receivers and with the New York Central & Hudson River Railroad Company for maintaining such a flagman. The report of our inspector showed that as between the expense caused by the delay to cars while conductors ran ahead and the cost of maintaining the flagman, the decrease in platform expense would fully offset the cost of the flagman. Will you please give this matter your careful attention and return an answer by June nth stating whether a flagman will be stationed at the 42nd Street crossing as above suggested. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, C-3053 Secretary. C-33S8 New York, June 4th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 2nd referring again to the crossing by the 42nd Street cars of the New York Central tracks at Eleventh Avenue, and stating that on May 24th a new complaint had been received by you to the effect that since the operation of the Pay-as-you-Enter cars, the prac- tice of conductors going forward has been discontinued. That statement is true; I do not think that a conductor on a Pay-as-you-Enter car can go forward as the conductors on the old cars used to. You then go on to say that the operation of street cars across steam railroad tracks with- out the protection of crossing gates or crossing flagmen, and without requiring the conductor to know that the crossing is clear before giving the signal to go ahead, is undoubtedly a dangerous practice and contrary to the rules everywhere enforced. No observations have been made to verify the facts alleged by complainant as to the present practice, but assuming that it is as stated, it seems proper to request that for the safety of operation of the cars of the 42nd Street. Manhattanville & St. Nicholas Ave. Railroad, a flagman be stationed at the crossing of 42nd Street and nth Avenue throughout the twenty-four hours. You further inform me that, as the Receivers of the Metropolitan Street Railway Com- pany also operate their 42nd Street branch of the 34th Street Crosstown Line on separate tracks across the same intersection, it is possible that joint arrangements might be made with those Receivers and with the New York Central & Hudson River Railroad Company for maintaining such a flagman. You further say that the report of your inspector showed that as between the expense caused by the delay to cars while conductors ran ahead and the cost of maintaining the flagman, the decrease in platform expense would fully offset the cost of the flagman. 285 You finally ask me to give this matter my careful attention and return an answer by June nth, stating whether a flagman will be stationed at the crossing as above suggested. In reply to these various complaints, investigations and suggestions, I have to say that I am inclined to think your inspector is descended from Captain Bunsby. Second — I think it may be of interest to you to know that Queen Anne is dead. Third — I have the honor to in- form you that four flagmen have been stationed at the point your inspector has been inspect- ing, for ten years, two by day and two during the night, and the profound suggestion of your inspector that the expense of a flagman should be divided with others interested, appears to have also dawned on the minds of those who made the contracts for four flagmen in 1899. Finally I venture to suggest that if your Honorable Body really desires to inspect and ratiocinate about the obvious at the public expense, they should employ inspectors who can inspect. Yours truly, Receiver. New York, June 5, 1909. Frederick W. Whitridge, Esq., Receiver, Union Railway Co., 130th Street and Third Avenue, New York City. Dear Sir: " Harry Robitzek, 1296 Hoe Avenue, Bronx, has made complaint to the Commission, on behalf of the "Property Owner's Association," that an inadequate service is furnished on the Southern Boulevard line of the Union Railway Company. A count of the passengers carried was made at Southern Boulevard and 138th Street. On May I2th from 7.00 to 10.00 a. m., on May 13th from 4.30 to 7.00 p. m., and on May 26th from 7.00 to 9.30 A. M. counts were made at Westchester Avenue and Southern Boulevard. Counts were made at r38th Street and Southern Boulevard also, for 24 hours on May 21st and May 24th. Result of the investigation indicated that the main cause for complaint is the irregular headways maintained. When the average headway is supposed to be about 7V2 minutes, minimum and maximum headways of i and 18 minutes respectively were observed. Again, minimum and maximum headways of 3 and 20 minutes were noted when the average headway was about 10 minutes. There seemed to be no reason for the headways being so irregular. If headways can be maintained reasonably near to the sched- ules provided, there will probably be no further cause for complaint. Will you please inform the Commission by June 15th of the measures which will be taken to satisfy the complaint. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, C-3466 Secretary. New York, June 7, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 5th referring to the complaint of Mr. Harry Robitzek about the in- adequate service on the Southern Boulevard, giving me the result of your investigations thereon. 286 I cannot accept the result of any investigations which lead to such conclusions as those you state. I do not believe the facts are accurately stated. I think this is probably a case such as that referred to in my letter of May loth, in which I have suggested that, in case of complaints requiring investigation, we should arrange to make a joint inspection. At the same time I am quite aware that there are and indeed must be cer- tain irregularities in the service of the Southern Boulevard Line, for the present at least, occa- sioned mainly by the traffic in the Harlem River which has caused the Third Avenue Bridge to be opened more than usual — the day before yesterday, for instance, I happened to notice from my window that the bridge was open for twelve minutes and the cars on both sides stalled — and occasioned also by very large building operations which are now being conducted along the Southern Boulevard. In one case on Saturday the obstruction on the Railway held up the cars for not less than eight minutes. In this connection I beg to inform you that one of your inspectors was observed by one of my inspectors while your man was apparently looking for something to inspect and my man was endeavoring to relieve the congestion, and in reply to your inspector's suggestion that there was a good deal of delay, he showed to your man a lot of bricks and sand which had been dumped on our tracks and informed him that that was one of the occasions of delay. Your in- spector finally acquiesced that that might cause a delay, but said there were other reasons for such delay. I should be glad to know whether the report of your inspector shows anything of this or anything like it. I have already given orders that the Class ons Point cars are to run down the Southern Boulevard instead of down Westchester Avenue, which will relieve the congestion on the latter Avenue and increase the service on the Southern Boulevard, but nothing can alter the irregular- ity of headway caused by the opening of the bridge and the building operations above men- tioned. Yours truly, Receiver. June I St, 1909. Honorable Public Service Commission of the City of New York, 3rd Division, 230th St. & Broadway, City. Sir:— Below I. beg to submit for your consideration, the following facts, leaving it to your judgment whether they warrant any action on your part. On the evening of the 30th ult., a party of five persons, of which I was one, boarded a North bound car bearing No. 241 of the Kings Bridge Line at i68th Street & Webster Avenue. I paid the fares and requested the conductor for transfers to the crosstown car telling him that I wished to reach the i8ist St. Subway at St. Nicholas Avenue. He gave me the enclosed transfers bearing numbers 000822/000826, both inclusive. I did not get the number of the conductor who gave me these transfers, but when I boarded car No. 46 of the crosstown line of the Interborough Company at the intersection of Webster Avenue and Tremont Street, and presented these transfers in lieu of fare to conductor, I believe, No. 48, in charge of this car ; he declined to accept them on the ground that they were not receivable by his line, and I was therefore obliged to pay additional fare. I present these facts without prejudice to either conductor, but I would add that I do believe that conductors should be obliged to give passengers .the proper transfers, and that the companies should be obliged to see to it that conductors are made familiar with transfer points. Respectfully yours, (Signed) S. SCHMALBACH, 1388 St. Nicholas Ave., Enc. N. Y. City. * 287 New York, June 9th, 1909. Mr. S. Schmalbach, 1388 St. Nicholas Avenue. New York City. Dear Sir: I enclose to you herewith copy of my letter to the Public Service Commission in answer to your complaint of June 1st, which I hope you will consider satisfactory. Yours truly. Enclosure : Receiver. New York, June 9th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Referring to the complaint of Mr. Schmalbach referred to in your letter of June 4th, I beg to say that we have interviewed the conductor in question, who has no recollection what- ever of issuing the transfers complained of, except when demanded by passengers. We have changed the color of the transfers issued on this Line beginning June ist, which we think will make it impossible for either the conductor or the passenger to make a mistake, and I hope Mr. Schmalbach will forgive us if we were in error, which, however, our employee denies. Yours truly. Receiver. New York, June 15, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: — I have your three letters of the 14th which I will answer in detail as soon as I can look into the matters complained of. In the meantime, I may say that I had already directed, as the result of my own observa- tion, some additional cars on the Kingsbridge Road, and I cannot refrain from commenting upon the final paragraph in one of these letters, in which you say that "the accident, of course, only indicates the danger of permitting persons to ride on crowded cars outside of the dashboard." If the author of that paragraph supposes that any railroad allows anybody to do anything of the kind, he ought to know better. On all the old cars these bumpers have been covered with a steel shield which makes it impossible for a boy to find- foothold, and on the new cars the steps 288 fold up, which it was supposed would circumvent anyone, but from the reports it appeared that the small boy is gifted with a really devilish ingenuity in finding ways to ride on a car without paying. The last instance I have is of boys who tried to find foothold on the wheel guards, but it is quite out of place to write the Company as if they were "permitting" the things to be done. Yours truly, Receiver. New York, June i6th, 1909. Honorable William R. Willcox, Chairman, Public Service Commission, 154 Nassau Street, New York City. Dear Mr. Willcox: I was a good deal taken back yesterday to find that, although you and your colleagues had had the draft of the plan of reorganization since last Thursday, there was nothing which you were prepared to say in respect to it, and also by the intimation which I suppose to have been conveyed, by the statement that, in the case of the Interborough Mortgage, the Commission and the various persons concerned had discussed the matter for a month ! This Third Avenue situation is, to my mind, extraordinarily simple. The reorganization is confined within narrow limits by the inexorable logic of the situation. I am not fitted to carry on any extended discussion about anything which appears to me to be of that character, and I think it is probably better, therefore, that you should address your memorandum, which I hope will be prepared this week, to the Chairman, and that I should retire from my self-imposed task of laying the matter before you, in favor of somebody else who can get your attention and your assent better and quicker than I can. Yours truly. Receiver. PUBLIC SERVICE COMMISSION. 154 Nassau Street. ' New York, June 15, 1909. Mr. Frederick W. Whitridge, Receiver, Third Avenue Railroad Company, 130th Street & 3rd Ave., N. Y. Dear Sir:— I transmit herewith a certified copy of Resolution Approving Wheel Guards in Case No. 1047 adopted by the Commission at its meeting June nth. Yours very truly, (S) TRAVIS H. WHITNEY, Secretary. 289 STATE OF NEW YORK. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvement in and Addition to the Service and Equipment of the Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its Receivers ; Third Ave- nue Railroad Company and Frederick W. Whitridge, its Receiver, in respect to Fenders and Wheel Guards and Safety Devices used in connection therewith on surface cars operated in the Boroughs of Manhattan and the Bronx, City of New York. Case No. 1047. Resolution Approv- ing Wheel Guards. Third Avenue Rail- road Co. and Fred- erick W. Whitridge, its Receiver. A final order having been made on April 27th, 1909, directing the Companies and the Receivers above named to equip all their cars in service, except those operated by animal power, with wheel guards of a type or types to be approved by the Commission and not to put in service any such cars until so equipped, and directing said Companies and said Receivers to submit to the Commission for its approval drawings of the type or types of wheel guards intended or desired to be used by them in compliance with said order, and Third Avenue Railroad Company and Frederick W. Whitridge, its Receiver, having in pursuance of such direction submitted and filed with the Commission a certain drawing, marked "The H. B. Life Guard," of the wheel guards desired to be used by them in compliance with said order, it is Resolved, that said type of wheel guards so shown on said drawing be and the same hereby is approved, provided, however, that said wheel guards be so adjusted that the gate and the apron shall be carried normally not more than five (5) inches above the tram rail, and that the distance between the gate and the front of the apron shall not be less than thirty-six (36) inches. New York, June 16, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have your letter of the 15th enclosing a Resolution of the Public Service Commission, which states that I, in pursuance with the direction of the Commission, have submitted and filed a certain drawing marked "The H. B. Life Guard," of the wheel guards desired to be used by me, in compliance with such Commission's order; Therefore, it is resolved that said type of wheel guards so shown on said drawing, be and the same hereby is approved, and so on. In reply thereto, I beg to say that the wheel guards used by me, were not purchased in compliance with any order whatever. They were ordered by me before your Commission made any order in the premises, or had any hearings on the subject. It is true that you asked me for certain drawings and I asked the contractors to send them to you, although that seemed to me to be very useless in view of the fact that you had conducted extensive investigations into this subject and had all such drawings in your possession. However, perhaps I ought to ex- press my gratification that a thing which I did of my own volition, without any direction, order, or intimation from you is finally approved by you. Yours truly. Receiver. 290 ;, PUBLIC SERVICE COMMISSION. 154 Nassau Street New York, June 14, 1909. Frederick W. Whitridge, Esq., Receiver, Union Railway Company, 130th Street & Third Avenue, New York City. Dear Sir:— On June 12th at 11 :40 A. M. while northbound car No. 860 of the Fordham Line of the Union Railway Company was standing at Third Avenue and 155th Street it was struck in the rear by northbound car No. 881 of the West Farms Line with considerable force. Our inspector reports that while in the vicinity investigating the accident he noticed several features of operation which may be of interest to you to know about. At the corner of 161 st Street and Third Avenue passengers waited nearly twenty minutes for a West Farms car and when the car No. 883, conductor 464, came along there were 26 adult persons and several children to board it. The inside running board of the car was down, whereas it should have been hooked up. About half a block north of 175th Street on Boston Road, car No. 900 of the West Farms Line passed on a northbound track at a terrific speed. About half a block further on the trolley pole came off the trolley wire and thrashing about, struck each cross section of the subway structure that it passed until it had knocked the pole completely out of shape. The car ran for about a block and a half before the motor- man succeeded in stopping it at Tremont Avenue. A crowd gathered round the car and it was found that in some way after the pole came off the transom on the top of the car at the rear end had been broken and the glass from it had fallen over the passengers, some of whom were complaining of being cut. There was no evidence that any one was really hurt. The distance run by the car after the pole was off seemed to indicate that the motorman was running recklessly and had lost control. At about 3:45 P. M., car No. 75 of the Westchester Line passed with the rear platform crowded and a boy standing on the rear bumper. The number of the car was partially obscured, but appeared to be No. 75. On May i6th on a car of another company a boy standing in a similar position had his legs broken by a car in the rear bumping into the one on which he was standing. The accident of course only indicates the danger of permitting persons to ride on crowded cars outside of the dashboard. Yours very truly, (S) TRAVIS H. WHITNEY, Secretary. PUBLIC SERVICE COMMISSION, 154 Nassau Street, New York, June 14, 1909. Frederick W. Whitridge, Esq., Receiver, Union Railway Company, 130th Street & Third Avenue, New York City. Dear Sir : — I beg to submit, for your attention and appropriate action, the following instance of indifference or careless operation of cars, and of improper conduct of an employee, affecting the comfort, safety or rights of passengers. Car No. 34 of the Tremont Avenue Line left Tremont and Third Avenue terminus about 8:00 P. M., June 5th, bound for Westchester Village, without any headlight. It would seem that it was the duty of both the motorman and the starter to see that the car had a headlight at that hour, especially as West Farms Road is in a bad condition, making the running of cars after dark without headlights dangerous. About 10:00 P. M. Saturday, June 5th, car No. 619 and the one preceding it left Simpson Street station of the subway packed to the limit with passengers. The Westchester Avenue Line has been under observation and overcrowding has been common, but little if any improvement has been made. On Sunday, June 6th, about 11 :i5 A. M. it is alleged that conductor No. 569 on Third Avenue car No. 876 of the Union Railway Company was abusive and insolent to passengers alighting at Webster Avenue and Fordham Road. Yours very truly, (S) TRAVIS H. WHITNEY, Secretary. New York, June 17, 1909. Travis H. Whitney, Esq., Secretary, Public Service Coinmission, 154 Nassau Street, New York City. My Dear Sir: — I have your two letters of the 14th giving me instances of the activity and intelligence of your inspectors, and in reply to the various complaints I have to say as follows: COMPLAINT No. i. On June 12th, at 11:40 A. M. while northbound car No. 860 of the Fordham Line of the Union Railway Company was standing at Third Avenue and 155th Street it was struck in the rear by northbound car No. 881 of the West Farms Line with considerable force: Regarding this complaint, car No. 860 had stopped at 154th Street and Third Avenue for the purpose of letting off passengers, and car No. 881 was following behind at about the usual distance of one block apart, and the motorman of car No. 881 assumed that the car preceding him would start before he reached 154th Street, and he did not attempt to brake up his car until he was so close to car No. 860 that he struck the rear bumper. It was careless of him! The result of the collision between the two cars was the breaking of one light of glass in car No. 881. COMPLAINT No. 2. At the corner of i6ist Street and Third Avenue, passengers waited nearly twenty minutes for a West Farms car, and when the car, No. 883, Conductor No. 464, came along there were 26 adult persons and several children to board it. The inside running board of the car was down, whereas it should have been hooked up. The delay to car No. 883 was caused by the opening of the Third Avenue Bridge, and as the two leaders of this car were South of the Third Avenue Bridge it was necessary to turn back car No. 883 when it arrived at the northerly terminus of the Bridge to fill the gap, which necessarily caused the delay. As this car was switched back by the Inspector, it is possible in the hurry of the crew to fill the gap, caused by the Bridge opening, that the conductor neglected to hook up the running board as he should have done, and as the rules strictly require shall be done in all instances. COMPLAINT No. 3. About half a block north of 175th Street on Boston Road, car No. 900 of the West Farms Line passed on the northbound track at a terrific speed. About half a block further on the trol- ley pole cam(? off the trolley wire and thrashing about, struck each cross-section of the Subway structure that it passed until it had knocked the pole completely out of shape. The car ran for about a block and a half before the motorman succeeded in stopping it at Tremont Avenue. A crowd gathered around the car and it was found that in some way after the pole came off the transom on the top of the car at the rear end had been broken and the glass froiji it had fallen over the passengers, some of whom were complaining of being cut. There was no evidence that anyone was really hurt. The distance run by the car after the pole was off seemed to indicate that the motorman was running recklessly and had lost control. 292 Car No. 900 of the West Farms Line was proceeding along Boston Road and at Vyse Ave- nue, which nearly intersects 176th Street, the car stopped for the purpose of taking on two women passengers, and after starting up again upon signal from the conductor, and while he was walking along the running board for the purpose of collecting the fares of the two passen- gers mentioned, the trolley pole came off the wire. The motorman going down the hill had shut off his power, as the rules of the Company require, and he was not aware that the pole was off, due to the fact that the power was off the car, and before the conductor could get back to the rear end of the car the pole had struck two girders, and rebounded, hitting the roof of the car and breaking a small light of glass in the fanlight. The motorman stopped the car (which was running on its own momentum) within a distance of seventy-five feet from where the pole went off. No claim was made of any injiiry to passengers or others. At the time of this occurrence your inspector was standing near where the pole went off the wire, and afterwards walked up to the motorman and asked him, "Why he did not stop his car before the pole had struck the girders." The motorman replied, saying that he did not know that the pole was off the wire until it struck the span wire, and that as the power was off his car he had no means of knowing that the pole was not in its usual position. The "terrific speed" and the "block and a half" are tours de force of your inspector's imagination. COMPLAL\T No. 4. At about 3:45 P. M., car No. 75 of the Westchester Line passed with the rear platform crowded and a boy standing on the rear bumper. The number of the car was partially ob- scured, but appeared to be No. 75, On May i6th on a car of another Company a boy standing in a similar position had his legs broken by a car in the rear bumping into the one on which he was standing. The accident of course only indicates the danger of permitting persons to ride on crowded cars outside the dashboard: As I have already written you, to talk of our "permitting" boys to ride on the rear bum- pers is foolish. To stop it would require a policeman on each car, COMPLAINT No. 5. Car No. 34 of the Tremont Avenue Line left Tremont and Third Avenue terminus about 8:00 P. M., June 5th. bound for Westchester Village without any headlight. It would seem that it was the duty of both the motorman and the starter to see that the car had a headlight at that hour, especially as West Farms Road is in a bad condition, making the running of cars after dark without the headlight dangerous : There is no excuse for car No. 34 of the Tremont Avenue Line leaving the terminus with the headlight out of order. Probably the conductor and starter concluded it would be better to operate the car for a trip without the headlight than to take it off the line and cause delay and inconvenience to the passengers who were on the car at the time. Our records show that this car was turned in for defective lights later the same evening, and the necessary repairs promptly made. Particular attention is given by our inspectors and starters as to the operating of cars, and the question of having the headlights in order at all times has been fully impressed upon our employees. 293 COMPLAINT No. 6. At about lo.oo P. M., Saturday, June 5th, car No. 619 and one preceding it left Simpson Street Station of the Subway packed to the limit with passengers. The Westchester Avenue Line has been under observation and overcrowding has been common, but little, if any, improvement has been made: Car No. 619 of the Westchester Avenue Line in charge of Conductor, Badge No. 83, left 128th Street and Third Avenue at 10.35 P. M. and on this trip north to Westchester carried 47 cash passengers and 20 transfers. Leaving Westchester at 10.05 P- M., carried 16 transfers and 30 cash passengers, making a total of 46 passengers for the half trip. The Westchester Avenue Line has been operated upon a four-minute headway with 18 cars. A short time ago a communication was received from Commissioner Eustis recommending that additional cars be placed upon this line during the rush hours, and upon receipt of said letter four cars were added to the regular schedule and have been operated during the rush hours from 6.30 to 8.00 A. M. and from 5.30 to 7.00 P. M., daily. The cars are operated to and from the last station of the subway at Simpson Street and Westchester Village, and since the service has been increased no complaint has been received by us, and we are of the opinion that it is satisfac- tory to our patrons. When your inspector says there has been no improvement on this line and that overcrowding is common, I think he is mistaken. COMPLAINT No. 7 On Sunday, June 6th, about 11. 15 A. M., it is alleged that conductor No. 569 on Third Avenue car No, 876 of the Union Railway Company was abusive and insolent to passengers, alighting at Webster Avenue and Fordham Road: Conductor No. 569 in charge of car No. 876 on June 6th was interviewed by our Super- intendent upon receipt of the complaint, and he denies having had any trouble or altercation with any passengers or anyone else, at the time and the date mentioned in the report, and also denies having been either abusive or insolent to anybody. As nobody has complained to us of anything of the sort and as your inspector does not say exactly what the abuse and insolence consisted of, I am inclined to think his imagination also was a little over-heated. If he will send us details of the insolence and abuse, I shall be happy to investigate the matter further. Yours truly, Receiver. PUBLIC SERVICE COMMISSION, 154 Nassau Street. Frederick W. Whitridge, Esq., New York, June 14, 1909. Receiver, Third Avenue Railroad Company, 130th Street & Third Avenue, New York City. Dear Sir: — On May 7th a copy of a communication from John A. Bolles, of the Liberal Republican Club, making complaint of the total lack of service, between 1 130 and 5 :oo A. M., on the Kingsbridge Line of the Third Avenue Railroad Company from 162nd Street north to Kingsbridge, was submitted to you. Your answer, dated May loth, appears to have been unsatisfactory to the complainant, except that part of it in which you stated that if Mr. Bolles could show that there are passengers enough desiring to 294 travel on that line between i :30 and 5 :oo A. M. to pay for the wheel grease, you would be happy to put the cars back. Perhaps as an additional excuse for asking for service during the period mentioned the Liberal Re^ publican Club may have had in mind Section 65, Chapter 4 of the Revised Ordinances, which requires cars to be operated on all surface lines in Manhattan upon a schedule of not less than one car every twenty minutes between the hours of midnight and six o'clock A. M. Will you please inform the Commission whether upon consideration you have not reached the conclu- sion that the complaint is reasonable and can be satisfied by running one car on a half-hour headway dur- ing the period from i :30 to 5 :oo A. M. Yours truly, (S.) TRAVIS H. WHITNEY, Secretary. New York, June 17, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir : Further referring to your letter of the 14th instant in respect to the Kingsbridge Road, I have to say that I am having a count kept for one week of all the passengers oflfering for trans- portation on this Road during the hours you mentioned, and when that count is completed I will write you further about it. In respect to your statement — that the Commission think the complaint is reasonable and can be satisfied by running one car on a half-hcuir headway — I beg to say that it takes one hour and twenty-four minutes to make the round trip between First Avenue and 224th Street, and on a half-hour headway, therefore, we cannot obviously do the work with one car. In respect to your reference to the City Revised Ordinances, which you seem to think are important in this connection, I beg to refer you to a case in the Court of Appeals in 44 State Reporter 94, which holds that the reasonableness of the Ordinance was a question of Law for the Court to decide, and that the defendant railway company might give evidence that the con- venience of passengers or of the public did not require the running of cars within the hours specified. As I say, I will write you about this when I have completed the count of the passen- gers offered. Yours truly, Receiver. PUBLIC SERVICE COMMISSION, 154 Nassau St. New York, June 21, 1909. Frederick W. Whitridge, Esq., Receiver, 42nd St., Manhattanville & St. Nicholas Ave. R.R., 130th Street & Third Avenue, New York City. Dear Sir: Under date of June 2nd I wrote you relative to a complaint that had been filed in this office as to the manner of operating cars of the 42nd Street Line across Eleventh Avenue, and asking your consid- eration of certain suggestions. Under date of June 4th you stated that joint arrangements had been made with the New York Central and Hudson River Railroad Company for the maintaining of fiagmen at this point and reflected upon the observations of the inspectors of this Commission. 295 In reply I desire to state that the Commission has been aware of the fact that there are flagmen along the line of the New York Central tracks on Eleventh Avenue. Proper protection along Eleventh Avenue has in fact been a matter of much concern for a considerable period of time. It was a matter of agitation before the Legislature and it was made the subject of a complaint before the Commission. Various hear- ings were held relative to it. At no time, however, during the proceedings, was it brought to the attention of the Commission that the flagmen maintained by the New York Central were paid in part by other com- panies in the city, or were under any obligation to the street car companies. Conversations since held with these flagmen and examination of instructions from the New York Central to its employees disclosed that the flagmen maintained at these crossings have no instructions that they are under any duty to the street car companies. Your letter is the first intimation that there was such an agreement, which, if still in existence, should have been filed both by the 42nd Street, Manhattanville & St. Nicholas Avenue Railroad Company and the New York Central and Hudson River Railroad Company in compliance with the order of the Commission requiring the filing of all agreements affecting traffic. In view of this order will you please file a copy of this at once? This agreement, copy of which has been seen by an employee of the Commission, provides that the 42nd Street, Manhattanville & St. Nicholas Avenue Railroad and the Third Avenue Railroad Co. as parties of the second and third part, will adopt and cause to be enforced rules requiring each car in approaching the crossing to come to a full stop before crossing and the conductors to go forward and look in both directions for approaching trains, cars or engines, and in no case shall such car be started forward until the conductor had looked in both directions and ascertained that there is no approaching train, car or engine. It is the lack of just such protection as this about which complaint was made, concerning which I wrote you the letter of June 2. The actual practice of your Company appears to be a violation of the very agreement which you resurrect as an answer to my letter. Very truly yours, TRAVIS H. WHITNEY, Secretary. New York, June 23rd, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 21st. I understand that the contract to which you refer has already been filed with the Commission in response to the Order to which you refer, made before I as- sumed jurisdiction over this Company. I enclose copy. In respect to the particular matter of the crossing at 42nd Street & Eleventh Avenue, I un- derstood your previous letter to say that flagmen ought to be stationed. My reply was for the purpose of pointing out to you that the flagmen already were stationed. The rest of the contract to which you refer seems to me to be a matter between parties and of no public interest. So far as the public are concerned, the fact is the flagmen are stationed at that point at all hours of the day. On the approach of the train on the New Your Central Tracks, a flagman stands in the middle of the street. It seems to me perfectly obvious that there is no necessity of having the conductor go forward, and it is not convenient to have him do so. With the flagmen there, there is no danger of any collision, nor has there been any such collision. The complaint to which you refer, you did not send. Yours truly. Receiver. 2^ June 23, 1909. Mr. Frederick W. Whitridge, Receiver. Dear Sir:— I hand you herewith two copies of a letter dated June 22, 1909, from Travis H. Whitney, Secretary of the Public Service Commission for the First District, together with order in case No. 11 18 approving the form of annual report, etc., and a copy of your acknowledgment of the receipt of two blank forms for the annual report. These papers are copies of the letters addressed to you as Receiver of the Union Railway, and are in all respects similar to those received by you as Receiver of the other companies or by Mr. Maher or myself as officers of the old corporation. Yours respectfully, W. FARRINGTON, Auditor. RM-HMF. R. M. PUBLIC SERVICE COMMISSION 154 Nassau St. New York, June 22, 1909. Frederick W. Whitridge, Receiver, Union Railway Company. Dear Sir : — By direction of the Commission I send herewith and hereby serve upon you a certified copy of an order in case No. 11 18 approving and prescribing the form of annual report for street and electric railway companies for the year ending June 30, 1909, and two copies of the said form of annual report. One copy of the form should be retained in your office files for purposes of reference in case correspondence becomes necessary respecting any part of the report. The other copy is to be filled out, verified and returned to this Commission as soon as practicable and in any event not later than September 30th, as provided by law. The order directs me, as you will notice, to notify you of the policy of the Commission to make no exten- sions of time within which reports are returnable except for cause duly shown. I also enclose two copies of a form of acknowledgment for use in complying with the last paragraph of the order. One of these may be retained by you and the other is to be filled out properly and returned forthwith as provided by Section 23 of the Public Service Commissions Law as an acknowledgment by your company of the service of this order and of the two copies of the form of annual report. Very truly yours, (Signed) TRAVIS H. WHITNEY, Secretary. New York, June 23, 1909. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Sirs :— The Receiver of the Union Railway, the undersigned, hereby notifies you that the undersigned has received a certified copy of the order made by you prescribing the form of annual report to be made and filed for the year ending June 30, 1909, together with two copies of the form of annual report. (Signed) F. W. WHITRIDGE, Receiver Union Railway. 297 Tribune Building, 154 Nassau St. Borough of Manhattan, City of New York. STATE OF NEW YORK. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter 1 / Case No. 11 18. of the I Order approving Form of annual report to be filed by Street and Electric Railroad Corporations / form oFannuaf re-^ within the jurisdiction of the Public Service Commission for the First District V port, etc. in accordance with Section 46 of the Public Service Commission Law. I It is hereby ORDERED: That the form of annual report for street and electric railways for the year ended June 30, 1909, prepared by the Chief Statistician under the direction of this Commission, and printed and desig- nated as "Annual Report Form E 1908-9, and Electric Railways" (serial form No. 2161), a copy of which is now before this Commission, be and the same hereby is approved; that such copy duly authenticated by the Secretary of the Commission be filed in its archives, and that said copy so authenticated and filed shall be deemed the original form prescribed hereunder. ORDERED : That the said form so designated "Annual Report Form E. 1908-9, Street and Electric Railways" be and is hereby prescribed by this Commission as the form of annual report for the year ending June 30, 1909, required to be made and filed with said Commission on or before September 30, 1909, by every street railroad corporation and by every railroad corporation owning, controlling or operating any railroad on which electric energy is used as the principal power for the propulsion of cars. ORDERED : That this order take effect immediately and continue in force until the expiration of the fiscal year ending June 30, 1910. ORDERED: That the Secretary of this Commission serve in the manner prescribed by law upon each of said corporations on or before June 30, 1909, a certified copy of this order and two copies of the form of annual report hereby prescribed and that in so serving upon each of said corporations a certi- fied copy of this order, the Secretary shall notify each of such corporations of the policy of the Commis- sion to make no extensions of the time within which reports are returnable except for cause duly shown, and it is further ORDERED: That in pursuance of Section 23 of the Public Service Commissions Law every person and corporation so served notify the Commission forthwith in writing of the receipt of the said certified copy of this order and the forms of annual report aforesaid, and that in case* of a corporation such notification be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Travis H. Whitney, Esq., New York, June 25th, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: Referring to our correspondence in respect to additional service on the Kingsbridge Road, I beg to enclose you herewith copy of report in respect to the traffic carried on the last car. You will see that we took in 45 cents in a week, and it does not appear to me, on this statement of facts, that any demand for further cars running after i :30 is justified. I hope you will agree. Yours truly. Enclosure : Receiver. 298 June 25th, 1909. Mr. Edward A. Maher, General Manager. Dear Sir: — Following is a list of actual number of passengers carried on the last Kingsbridge car leaving East River terminal i :30 A. M., North and South bound from 162nd to 225th Streets, from June 17th to June 23rd, 1909. Total number of miles traveled and total cost for operation based on 22 cents per car mile: N. B. S. B. Miles. Receipts. June 17th o 4 7.90 20c. i8th 2 o 7.90 IOC. 19th o o 7.90 00 20th I o 7.90 5c. 2ist I I 7.90 IOC. 22nd o o 7.90 00 23rd o " 7.90 00 4 5 55-30 45c. Receipts for 7 days 4Sc. Miles for 7 days 55-30 Cost of operation $12.16 Showing net loss of $11.71 for 7 days. Very respectfully, (S) Supermtendent. New York, June 25th, 1909. Honorable William R. Willcox, Chairman, Public Service Commission, 154 Nassau Street, City. My dear Sir: I hear that yesterday some of your employees moved into my building here at 130th Street with a certain amount of furniture and set up a plant to be used by ten or twelve different per- sons, engineers, draftsmen and stenographers, who are engaged in what they are pleased to term "a valuation" of this property. This indicates a gross misapprehension of my position. You will recall that we have had considerable correspondence on the subject of valuation. I have said to you repeatedly that I should like to know what you were driving at, and I have never had any reply. I have said to you that I would have absolutely nothing to do with any official valuation of this property by your Commission and would not countenance it in any way, shape or manner. I have also said that if anybody appeared with a personal letter of introduc- tion from you, I would show him every courtesy in my power. Mr. B. J. Arnold came with such a letter and said that he wanted certain information, and I called in Mr. Mullaney, Mr. Ryder, and I think Mr. Maher, and said that I wished him to be given any information in their possession. To treat that direction in the way in which you have now treated it, is to put me in a position which you know perfectly well that I have declined to occupy, of countenancing in my official capacity any such performance your people are apparently going through with. I have instructed the Engineer's Department to direct the gentlemen who moved in yesterday to move out forthwith and take their furniture with them, and you will per- mit me to say to you that I consider the manner in which my endeavor to be courteous to Mr. 299 Arnold has been treated, is about the coolest thing which I have heard of for a long time, and I could not excuse it except that it is refreshing in this temperature. Yours very truly, (Signed) F. W. WHITRIDGE, Receiver. PUBLIC SERVICE COMMISSION. 154 Nassau Street. Office of the Chairman. June 28th, 1909. -Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., New York City. My dear Sir: — I am in receipt of yours of June 25th in which you say you have given directions that certain repre- sentatives of this department move out from what you term your building, and take with them the few articles of furniture which they had moved there. I have also directed that these be removed at once, inasmuch as you see fit to repudiate the permission that was given by your representatives. As I understand the matter after your talk with Mr. Arnold, his assistants, Mr. Damon and Mr. Floy, asked Mr. Mullaney, your engineer, if there was some space available in your building where the draughts- men could make their headquarters while the work these gentlemen talked over with you was going on. As it is now represented to me, Mr. Mullaney offered a portion of the large room adjoining his drawing-room and explained that while he might be able to loan a desk or table which he was not using, he did not have sufficient furniture for the men engaged on the work, and it was agreed that certain drawing tables and a desk should be sent up to this outside room, which was accordingly done. Had I known of this matter, I should have objected unless I could have been shown a written agree- ment that such occupancy was agreeable. We have no favors to ask of you so far as the occupancy of your rooms are concerned, and if you will send me a bill for the use of the same, although authorized by your representatives — I will be glad to send you my personal check. So far as your personal views on the appraisal are concerned, they are of no particular importance and call for no comment. Yours very truly, W. R. WILLCOX, (Signed). 'The Honorable William R. Willcox, New York, June 29, 1909. Chairman, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have yours of the 28th. Your people have now left so that the matter of your moving into my building without saying a word to me about it, may be considered closed. I of course regret that they were misled by any of my employees. I should hardly have been willing to accept your check for their brief occupancy, under any 'Circumstances; and just at present I find that your Commission having been defeated in the first action brought by them against me to recover certain penalties, went whining into Court to be relieved of the payment of costs on the dismissal of the next six actions, which makes it impossible for me to accept anything from you while you are in such low water. I am not aware that I have, of late, expressed any views to you about valuation. I have asked you a few ques- -.tions which you have not answered. Yours very truly, Receiver. .■^00 New York, June 25th, 1909, Mr. F. W. Whitridge, Receiver, Third Avenue Railroad Company, 130th Street & Third Avenue, New York City. Dear Sir: Our Inspection Department has recently made an examination of the service upon the Grand Street line to Brooklyn, and finds that during the twelve 15-minute periods in the evening, eastbound traffic, and the twelve 15-minute periods in the morning, westbound traffic (24 in all), there were violations of the order of the Commission during fifteen of these periods. This report clearly indicates that the service should be improved upon this line. There is no order regarding service upon the Post Office line over the Williamsburg bridge, but the inspection shows that if the usual order had been adopted, there would have been many periods during, which an order would have been violated and that the service ought to be improved. Will you not see that the service is improved upon both of these lines, so that the order upon the Grand Street line will be obeyed and the service will be so good upon the Post Office line over the bridge that it will be unnecessary to issue an order. Another inspection will probably be made in two or three weeks. Very sincerely, MILO R. MALTBIE, MRM/EMH Commissioner. Milo R. Maltbie, Esq., New York, June 26, 1909. Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 25th. I am afraid I do not know what Order of the Commission you refer to in respect to the Grand Street Line. Perhaps you will be good enough to tell me. We are running the same number of cars there which we ran last year, and the receipts are rather less than they were last year. Except for the Post Office Line, I do not know what would have become of the Dry Dock Road. I have, however, if you have reason to believe your inspection department, directed that additional cars should be put on during the rush hours. I hope they will relieve the congestion, if any exists, at that point. Yours truly, 789-790 Receiver. PUBLIC SERVICE COMMISSION. 154 Nassau St. ' New York, June 28, 1909. Mr. F. W. Whitridge, Receiver, Third Avenue Railroad Company, 130th St. & Third Avenue, New York City. Dear Sir:— I beg to acknowledge your letter of June 26th. The order to which I referred in my letter of the 2Sth was Final Order lf42i, as amended by Order C472, the amending order having been adopted May 8th, 1908. I imagine this will enable you to locate the order in your files ; but if you need another copy, we shall, of course, be glad to see that one is sent you. Very sincerely, (Signed) MILO R. MALTBIE. 301 New York, June 29, 1909. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, City, Dear Sir: I have yours of the 28th for which I am much obliged to you. I think we had some corre- spondence about this order a year or more ago, to which I refer you. My recollection is that I pointed out to you that the order was impracticable and you yourself agreed that it was difficult for you to translate it into a requisition for any particular number of cars ; to which I replied that if you could not translate it, I could hardly be expected to do so. I think there is one feature of the order which is also illegal, but, as I wrote you at that time, I do not in the least wish to stick upon any order for service. I am anxious for all the roads under my jurisdic- tion to have all the cars which they want, and I will put on additional cars at any time, if I have them, in answer to any reasonable request so to do. Yours truly. Receiver. PUBLIC SERVICE COMMISSION, 154 Nassau St. New York, July ist, 1909. Mr. F. W. Whit ridge, Receiver, Third Avenue Railroad Company, 130th Street & Third Avenue, New York City. Dear Sir: Acknowledging your letter of June 29th, I beg to say that I do not remember having admitted, or even indicated in any way, that the order relative to the service upon the Grand Street Line was imprac- ticable. If I remember correctly, I always maintained that it was practicable, and pointed out that a similar standard of efficiency was being used upon several lines in Manhattan. It provides for an elastic standard and allows the managers of the roads the discretion they have so constantly prayed for, and at the same time provides a standard which, if followed, will give the public the service to which they are entitled. I am hardly ready to admit that your assistants are less efficient than those operating other lines where this standard is being followed. Very sincerely, (Signed) MILO R. MALTBIE, Commissioner. Copy. PUBLIC SERVICE COMMISSION. 154 Nassau St., City, June 24, 1909. Frederick W. Whitridge, Esq., Receiver, 42nd St., Manhattanville & St. Nicholas Ave. Railroad Co., 130th St. & Third Ave., City. Dear Sir: With further reference to the matter of proper protection at 42nd Street and Eleventh Avenue, con- cerning which I have your additional letter of June 23rd, apparently the main point of the complaint con- cerning which I wrote you is entirely overlooked by you. In my original letter of June 2nd I state — 302 "The operation of street cars across steam railroad tracks without the protection of crossing gates or "crossing flagmen, and without requiring the conductor to know that the crossing is clear before giving "the signal to go ahead is undoubtedly a dangerous practice and contrary to the rules everywhere in force. "No observations have been made to verify the facts alleged by complainant as to the present practice, "but assuming that it is as stated, it seems proper to request that for the safety of operation of the cars "of the 42nd Street, Manhattanville and St. Nicholas Avenue Railroad a flagman be stationed at the "crossing of 42nd Street and Eleventh Avenue throughout the twenty-four hours. "As the Receivers of the Metropolitan Street Railway Company also operate their 42nd Street Branch "of the 34th Street Crosstown Line on separate tracks across the same intersection, it is possible that "joint arrangements may be made with those Receivers and with the New York Central and Hudson "River Railroad Company for maintaining such a flagman." This statement did not assume that there were no flagmen at 42nd Street and Eleventh Avenue, and I was aware of the fact that the New York Central had flagmen at that point, but in my letter I was speaking of the proper protection of persons on street cars operated by you. In answer to my suggestion you unearth an old agreement, an inspection of which shows that you are even violating its provisions. That agreement provides that your cars should be stopped a certain distance from the tracks of the New York Central, the conductor is to go ahead and signal the motorman from across the tracks; that you are to pay one-half the expense of the flagman employed by the N. Y. Central, who are to be regarded as joint employees and that you are responsible for damages resulting from certain classes of accidents. At the present time your conductors do not go ahead of the car and the N. Y. Central flagmen appear to be joint employees only in that you pay one-half of their maintenance. They have not been given any instructions that they owe an equal duty to you as well as to the N. Y. Central, nor do they appear to be acting as employees of yours. You state in your last letter that I do not send you the complaint to which I refer. This is perfectly true. I had supposed that a general statement such as that contained in my letter of June 2nd would be sufficient to cause you to give the actual situation some attention. Perhaps the complaint may afford you additional incentive; accordingly I enclose copies of the letters of May 24, 1909, and April 5th, 1909, from A. S. Wheeler, General Manager of the Charles E. Ellis Real Estate Company. Very truly yours, (Signed) TRAVIS H. WHITNEY, Secretary. Note: See page 265 for A. S. Wheeler complaint. Travis H. Whitney, Esq., New York, June 29, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 24th with further reference to the matter of 42nd Street and nth Ave- nue crossing. Some time ago after receipt of several complaints, I went down to that crossing and found that flagmen were stationed there, whose business it was when a train was approaching, to go out into the middle of the street and wave a flag, which seemed to me to be ample warning to the conductors on the street cars not to cross the track. On receipt of your letter containing your inspector's views as to the relative cost of the flagmen and platform expenses, caused by the conductor getting oflf his car and going forward, I looked up the contract. As, apparently, you think it would be more regular for the flagmen who are now there, and have been there for ten years, to be employed by this Company, rather than the New York Central Railroad, I have arranged that that should be done, but I must be permitted to think that it does not make the least difference. Yours truly. Receiver. 303 New York, July 2nd, 1909. Frederick W. Whitridge, Esq., Receiver, 3rd Ave. R. R. Co., 130th St. & 3rd Avenue, New York City. Dear Sir: In connection with our work on the Rolling Stock of the 3rd Ave. R. R. Co., certain detailed informa- tion is desired, as noted on attached sheet. We have already discussed this matter verbally with Mr. McWhirter, and understand that the information desired is available. If any uncertainty should arise in regard to the meaning of the various items on the list, we shall be glad to explain the same personally. Very truly yours, JRB/LEK BION J. ARNOLD, Director of Appraisals, per J. W. Bibbins. INFORMATION DESIRED OF THE ROLLING STOCK OF THE 3RD AVE. R. R. CO. 1. Number of cars 2. Class or type of cars 3. Single or Double Truck 4. Car. Nos. corresponding to different classes 5. Date purchased 6. Builder 7. Length over Bumpers 8. Length over corner posts 9. Width over corner posts. 10. Arrangement of Seats — cross or long 11. No. of Seats 12. Seating Capacity 13. Weight of Body or if purchased with trucks, weight of truck ' 14. Cost of Body, or if purchased with trucks, cost of car 15- Type of brakes and manufacture 16. Cost of Air Brake equipments 17. No. of Motor Equipments complete 18. No. of Motors not purchased with complete equipment 19. Type of Motors 20. No. of Motors per equipment 21. Horse Power rating of each motor 22. Type of Controller 23' Type and No. of Resistance Frames 24. Cost per equipment or cost per motor 25. List of Cars leased to other Cos. with foregoing information with regard to them wherever electrical equipment may belong to the 3rd Ave. R. R. Co. 26. List of Cars rec'd from Met. Str. R. R. Co, that may now be in possession of the Third Ave. R, R. Co. 27. The car numbers which were on these cars when received 28. The numbers assigned to them by the 3rd Ave. R. R. Co. 29. The numbers which the cars have at present 30. The location of all leased cars 31. List of Machine Tools and tools in shops 32. Cost of all labor and miscellaneous materials as charged to Construction Account. Memo. — To finish above information is a task of considerable magnitude, and it is not completed when this book goes to press. July 9/09. R. W. K. .■^04 New York, June 30, 1909. Mr. Frederick W. Whitridge, Receiver, Third Ave. R. R. Co., 130th St. & 3rd Ave., New York City . Dear Sir: Will you kindly furnish us with the following information; The number of horses owned by the Co. No. of sets of harness No. of emergency or wrecking wagons No. of trucks, carts, etc Also the location of the above CWW/GES Cart Very truly yours, B. J. ARNOLD, Director of Appraisal By J. B. Bibbins. LIST OF CARTS. #4 Iron Dumper at Grand Street. $5 Iron Dumper at Grand Street. t6 Iron Dumper at Grand Street. tsi Wooden Dumper at Grand Street. JfS2 Wooden Dumper at Grand Street. J53 Wooden Dumper at Grand Street. lf54 Wooden Dumper at 65th Street. #55 Wooden Dumper at Fort Lee. $216 " " at Fort Lee. 8236 i< at 65th Street. $240 " « at 65th Street. «249 " " at Fort Lee. «252 " « at 6sth Street. «253 " K at 65th Street. «2S5 " « at 65th Street. $258 " « at 65th Street. $281 " at 65th Street. Jf282 " at Fort Lee. $283 " « at 65th Street. Total 19 Carts. ' July 7th, 1909. The following is a list of Trucks, Carts and Emergency Wagons in Service of Third Avenue Railroad Company. Wagon Number $1 Emergency Wagon at 65th Street. #2 " " at Bayard Street. $3 " " at 65th Street on Reserve. «4 " " at Fort Lee. $6 Cable Truck at 65th Street. #58 Dumping Truck at Fort Lee. $60 Dumping Truck at Grand Street. $61 Dumping Truck at 65th Street. $209 Platform Truck at 65th Street. $211 Dumping Truck at 65th Street. $222 Platform Truck at 65th Street. Jf223 Rack Truck at 65th Street. $245 Reach Truck at 65th Street. $205 Long Body ' agon at 65th Street. C226 Light Wagon at 65th Street. 305 July 7th, igog. Wagon Number. #248 Shed Wagon at 65th Street. $228 Shed Wagon at 65th Street. Total — 4 Emergency Wagons. " 3 Light Wagons. 10 Trucks. July 7th, igc) LIST OF HORSES AND WHERE THEY ARE STABLED. Number of Horses in Fort Lee Stable. 4 Horses (2 Teams) for Emergency Wagon. 2 " (i team) for Tube Cleaning. I Horse (i Cart) for Tube Cleaning. 1 Horse (i Cart) for Car House Cleaning. 2 Horses (2 Carts) for Construction work. Total 10 Horses at Fort Lee Stable. In Grand Street Stable. 2 Horses (i Team) for Tube Cleaning. 2 Horses (2 Carts) for Tube Cleaning. 4 Horses (4 Carts) for Construction work. Total 8 Horses at Grand Street Stable. In 65th Street Stable. 4 Horses (2 teams) for Emergency Wagon. 4 Horses (2 teams) for Construction Work. 5 Horses (5 Carts) for Construction work. 2 Horses (2 light wagons) for material. Total IS Horses at 6sth Street stable. TOTAL NUMBER OF HORSES 33- LIST OF HARNESS IN SERVICE. 9 Sets of Team Harness. 12 Sets of Cart Harness. 2 Sets of Light Wagon Harness. Total 23 Sets of Harness. 2 Sets Team Harness at Fort Lee. 4 Sets Cart Harness at Fort Lee. 2 Sets Team Harness at Grand Street. 6 Sets Cart Harness at Grand Street. 5 Sets Team Harness at 65th Street and Third Avenue. 2 Sets Cart Harness at 65th Street and Third Avenue. 2 Sets Wagon Harness at 65th Street and Third Avenue. PUBLIC SERVICE COMMISSION. 154 Nassau St. New York, July 2, 1909. F. W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., ' 1 1 19 Third Avenue, New York City. Dear Sir : A discrepancy has been discovered between the quarterly reports of the Third Avenue Railroad Co. for the quarters ended March 31 and June 30, 1908, and the annual report of the Receiver of the Third Avenue Railroad to this Commission for the period January 12 to June 30, 1908, as follows: — Income from Quarter ended. Gross Revenue. other sources. March 31 $428,818.94 $85,081.00 June 30 916^759.47 98,58567 Total ..$1,345,578.41 $183,666.67 306 Operating Expenses Quarter ended March 31 $289,516.37 June 30 693,338.63 $982,855.00 Annual Report Jany. 12 — Jun. 30, 1908. Gross Revenue Non-Operating Income $1,393,905.11 $13,141.67 Summary Gross Revenue — Annual Report $i,393,905ii " " —Sum of Quarterlies 1,345,578.41 Excess G. R.— Annual Report 48,326.70 Third Avenue Railroad Co. Other Income — Sum of Quarterlies $183,666.67 Non-Operating Income — Annual Report , 13,141.67 Excess Sum of Quarterlies $170,525.00 Operating Expenses — Sum of Quarterlies $982,855.00 Operating Expenses — Annual Report 982,855.00 The above figures for Gross Revenue and for Operating Expenses, taken from the annual report for the period January 12 to June 30, were the figures originally reported, but afterwards changed at our sug- gestion to more nearly conform to present classifications now in use. You will note that the Operating Expenses originally reported in the annual report for the above named period agree exactly with the sum of the two quarterly reports covering the same period, while the Gross Revenues originally reported in the annual report exceeded the sum of gross revenues shown in the two quarterly statements covering the same period by $48,326.70. Income from other sources for the two quarterly periods exceeded Non-Operating Income as reported in the annual return for the same period by $170,525.00. If we add Gross Revenue and other Income together in the case of the quarterlies and in the case of the annual report, and combine, we have the following discrepancy : — Total gross revenue — sum of quarterlies $1,345,578.41 Excess sum of other income (quarterly reports) over non-operating in- come (annual report) 170,525.00 $1,516,103.41 Gross revenue — annual report i>393,905.ii Discrepancy $122,198.30 Exhibit No. 24, submitted in evidence at the time of the hearing in the 59th St. Transfer case, Orders 786 and 796 of this Commission, gives the income account of the Receiver of the Third Avenue Railroad Co. from Jan. 12 to Sept. 30, 1908. Earnings are reported to be $2,231,303.46. If we deduct the gross rev- enues originally reported in your annual report for the period Jan. 12 to June 30 from the above figures, we should have the revenues for the quarter ended Sept. 30, 1908 as the remainder. The following discrepancy, however, is found to exist: — Third Avenue Railroad Co. Earnings Jan. 12 to Sept. 30, 1908 $2,231,303.46 Gross Revenue — annual* report — Jan. 12 to June 30 i,393.905-ii Difference $837,398.35 Gross revenue reported for quarter ended Sept. 30 1908. . . . $790,995.55 Income from other sources reported for quarter ended Sept. 30, 1908 34,126.00 ■ 825,121.55 $12,276.80 307 In the above discussion as well as in that preceding the gross revenues and operating expenses taken from the annual report are those originally reported before the correction was made at our suggestion. For the purpose of clearing up the above mentioned discrepancies the corrections in operating expenses and gross revenues of your report for the period Jan. 12 to June 30, 1908, made at our suggestion, may be disregarded. In checking over these data to clear up the discrepancies will you kindly make up a statement showing the receipts from the sale of power to other companies which are included either in earnings or in income from other sources in the reports for the quarters ending March 31, June 30, and September 30, 1908? In giving this statement, will you kindly separate receipts from sale of power to outside companies from re- ceipts from the sale of power to system companies? Will you kindly give these matters your early attention, and let us have your explanation of the dis- crepancies as soon as possible, and oblige, Your very truly, AFW-LER (Signed.) TRAVIS H. WHITNEY, Secretary. Regarding communication of Mr. Travis H. Whitney, Secretary of Public Service Commission, dated July 2, 1909, in reference to certain discrepancies or differences in the earnings of the Third Avenue Rail- road, as reported to the Commission, in the Annual Report of June 30, 1908, the quarterly reports of March 31, June 30, and September 30, 1908, and an exhibit submitted in evidence in the Transfer hearings : — Excess of $48,326.70 in the Gross Earnings as per Annual Report over the sum of the two quarterlies — March 31st and June 30, 1908. Rent of equipment — included in operating revenue in Annual Report $61,506.00 Less Rent of Land & Buildings — included in other income in Annual Re- port 13,141.67 $48,364.33 Less an adjustment made to Rents in compiling the Annual Report 37.63 $48,326.70 In the three quarterly reports Rent of Equipment was considered as "Income from other sources" and Rent of Land and Buildings was classified as Gross Earnings. As the Annual Report was not made for some months after the quarterlies had been filed, the adjustment of $37.63 found necessary in the former could not well be made in the latter. Excess of $170,525 in "Other Income" — as shown by the two quarterlies of March 31 and June 30, 1908, over the "Non-Operating Income" of the Annual. This excess is composed of the two items mentioned in the foregoing, i. e. Rental of Equipment $61,506.00 Rent of Land & Buildings 13,141.67 $48,364.33 And on item for interest on a note given by the 42nd St., Man. & St. Nich. Ave. Ry. to the Third Ayenue R. R. Company in April, 1907 — which when the quarterlies were compiled, was revenued monthly. This interest was disallowed by the Court, and was refunded to the 42nd Street Road — which facts were known by Messrs. Mar wick, Mitchell & Company, who in the preparation of the Annual Report omitted the amount in stating the Income $122,160.67 $170,525.00 Difference of $122,198.30 in the Total Gross Revenue as shown by the sum of the two quarterlies of March 31 and June 30, 1908, and that stated in the Annual Report. which amount is composed of the interest on the note as above $122,160.67 And the adjustment to Rents mentioned in the foregoing 37.63 $122,198.30 which is in reality, adjustments found necessary to be m.ade to Profit and Loss, subsequently to the filing of the quarterlies. 308 Difference between the earnings shown by the Annual Report together with the quarterly of September 30, 1908, and the earnings given in evidence in the Transfer hearings, as earnings from January 12 to Sep- tember 30, 1908, $12,276.80. (Not $12,277.53 as per letter.) which is the item of Rents, considered as earnings in the statement filed, and as "Other Income" in the Annual Report $13,141.67 And the adjustment as heretofore 37-63 $13,179-30 And an item of Rental of tracks, included in the quarterly of Septem- ber 30, 1908, as "Income from other sources" — which in the Exhibit was deducted from the Expenses 902.50 $12,276.80 The Receipts from Sale of Power for the three quarters Outside Parties Companies in System Total March 31, 1908 $3,143.40 $i28,744-Oi $131,887.41 June 30 39,91 1.40 177,022.85 2x6,934.25 September 30 29,039.34 139,328.70 168,367.84 The agreement for interchange of Power with the New York City Railway was not made until after June 30, 1908, consequently during the quarter ending March 31, 1908, the charge for Power furnished the Companies in the System had to be estimated to cover the cost of the same. For this reason the $128,744.01 as shown above was credited to Expenses. In the two subsequent quarterlies the balance to the credit of Sales of Power has been included in Gross Earnings. From October i, 1908, the quarterly reports have been compiled with respect to "Sales of Power" — to conform with our official statements: i. e., the operation of Power Plant has been credited, and Sales of Power has been charged with the cost of generating and distributing the Power thus sold, leaving the Ex- penses to represent the cost of Power used in operating the road. The net result to the credit of Sales of Power has been properly classified as Income from other sources than operating. Frederick W. Whitridge, Esq., Receiver, New York, July 2, 1909. Third Avenue Railroad Co., 1 1 19 Third Avenue, New York City. Dear Sir: Enclosed please find copy of letter addressed to Mr. John M. Perry, Secretary Third Avenue Rail- road Co., dated June 28, 1909, and copy of Mr. Perry's letter in reply, dated July i, 1909. Will you kindly give this matter your early attention? Very truly yours, AFW/LER TRAVIS H. WHITNEY, Enclosures : Secretary. Copies of two letters. . John M. Perry, Esq., Secretary, New York, June 28, 1909. Third Avenue Railroad Co., 55 William Street, New York City. Dear Sir: In the report for the Third Avenue Railroad corporation submitted by you for the year ended June 30, 1908, the investment account, page 38, is given as of January 11, 1908. This statement of investments should cover the fiscal year ended June 30, 1908. If any changes have occurred between the dates January II, as reported, and June 30, 1908, or any formerly unreported securities have been found in the Third Avenue Railroad Co. treasury, the same should be reported as of June 30, 1908. If no changes have taken place, a statement of that fact, properly verified, will be sufficient. Very truly yours, (Signed) TRAVIS H. WHITNEY, AFW/LER Secretary. t 309 New York, July i, 1909. Travis H. Whitney, Esq., Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir : On my return to the city I find your letter of June 22nd accompanying certain proposed reports which were made to the Commission by the Third Avenue road. As you are aware, for the period which these reports cover, the road has not been under the actual control of the nominal officers thereof, but has been in the possession and operated by Mr. Whitridge as Receiver. The information for which the reports call relates to matters with which Mr. Whitridge has had to deal and regarding which the Company has neither voice nor information. I therefore beg to suggest that it would be, perhaps, better if you were to send this application for a report to Mr. Whitridge. Very truly yours, (Signed) JNO. M. PERRY, Secretary. Frederick W. Whitridge, Esq., Receiver, New York, July 7th, 1909. Third Avenue Railroad System, 130th Street & Third Avenue, New York City. Dear Sir: The rule of depreciation which was filed on behalf of the Third Avenue Railroad Company and its subsidiarj' companies under date of June 29th, is not in conformity with the requirements of the account- ing order, inasmuch as the amount proposed to be charged to Operating Expenses on account of deprecia- tion is not stated for the several operating companies. While it is not expected that lessor companies which keep on their books no account of operating earnings or expenses shall set up depreciation accounts, it is required that every company that keeps on its books the operating accounts provided for such com- panies in the accounting order shall include among those the depreciation accounts. It is therefore necessary that the estimated depreciation charge for the Third Avenue system ($300,000 for the year) should be appor- tioned among the several operating companies. The Commission will not at this time take up the matter of the adequacy or inadequacy of this esti- mate, although it is cognizant of the statement which you made under oath, as an experienced adminis- trator of railroad property, that the proper allowance for depreciation of the Third Avenue System is ten per cent, of the gross revenue. Ten per cent, of the gross revenue of the Third Avenue Railroad System is considerably in excess of the $300,000 estimate now proposed. Very truly yours, (Signed) TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, July 9, 1909. Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 7th informing me that the rule of depreciation filed by me on June 29th is not in accordance with the requirements of your accounting order, and informing me that it is necessary that the allowance should be apportioned among the several operating companies. I think this is rather a pity. I am trying to gradually get things in shape for the consolidation of these properties and have begun by putting the title of all the new cars in the Third Avenue. If the allowance for depreciation is to be allocated on any theory whatever, there will quite certainly within a few years be an accumulation in the depreciation account of some one of the 310 railroads where it is not needed, and in order to get the money we shall have to resume the practice of giving notes between the members of the system, which is now so much to be deprecated. I think the Commission agrees with me in that it is desirable quickly and if possible, to con- solidate the properties. One of the features of the plan now before them is for the taking up of the underlying bonds, which would much facilitate that course. As for the allowance for depreciation, that must, in the nature of things, in the first place be arbitrary. I do not think that the statement by me, of which you say you are cognizant, is quite to the effect which you quote, but what I desire to do in this matter is to carry on such a perfect system of maintenance, that the depreciation account will represent cash in bank which can be used, when many people would call for the expenditure of capital. I am quite sure that on reflection the Commission will agree that this is a sound and conservative policy to be pursued, and I should hope they would find it desirable to frame their orders so that it could be pursued and would make whatever changes were necessary to enable us to pursue it. Yours truly, 812-814 . Receiver. 60 Wall Street, New York. May 29, 1909. Robert W. Kelly, Esq., j -^ ^^ Dear Sir: I enclose herewith copies of the complaints and answers in the actions brought by the Public Service Commission against the Receiver of the Third Avenue Company to recover penalties for his failure to file annual report prior to December i, 1908, and for the construction of the Fort George Loop. The Commission has also brought the following actions for penalties for failure to file annual re- ports — Action against Mr. Whitridge as Receiver of the Dry Dock. Action against Mr. Whitridge as Receiver of the Forty-second St. Action against Mr. Whitridge as Receiver of the Union. Action against the Kingsbridge Ry. Co. Action against the Southern Boulevard Ry. Co. Action against the Bronx Traction Co. The complaint and answer in each of these actions is substantially identical with the complaint and answer in the action against the Receiver of the Third Avenue Company. I think I have one or two letters from the Commission which you will want to print. I will send you copies on Tuesday. If you have no copy of the order of the Commission approving of the Fort George loop, I will send you one. Yours Very Truly, H. J. BICKFORD. 3" NEW YORK SUPREME COURT, COUNTY OF NEW YORK. THE PEOPLE OF THE STATE OF NEW YORK, by THE PUBLIC \ Trial Desired in . SERVICE COMMISSION FOR THE FIRST DISTRICT, I New York County. Plaintiffs, / against ^ Summons. FREDERICK W. WHITRIDGE. as Receiver of The Third Avenue Railroad 1 Company, I Defendant. J To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer on the Plaintiff's Attorney within twenty days after the service of this summons, exclusive of the day of service, and in case of your failure to appear or answer. Judgment will be taken against you by default for the relief demanded in the complaint. Dated December i6th, 1908, GEORGE S. COLEMAN, Plaintiff's Atty. , Post Office Address and Office, No. 154 Nassau Street, . Borough of Manhattan, { New York City. SUPREME COURT, NEW YORK COUNTY. THE PEOPLE OF THE STATE OF NEW YORK, by THE PUBLIC SER- VICE COMMISSION FOR THE FIRST DISTRICT, Plaintiffs, against ) Complaint. FREDERICK W. WHITRIDGE, as Receiver of The Third Avenue Railroad Company, Defendant. Plaintiffs in the above entitled action by the Public Service Commission for the First District, for their complaint against the above named defendant, Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, allege upon information and belief: I. — At all times hereinafter mentioned William R. Willcox, William McCarroll, Edward M. Bassett, Milo R. Maltbie and John E. Eustis were and now are the Public Service Commission for the First District, including the Counties of New York, Kings, Queens and Richmond of the State of New York, duly ap- pointed and qualified as Commissioners and members of said Commission, pursuant to Chapter 429 of the Laws of 1907 of the State of New York, known as the Public Service Commissions Law. II. — 'At all times in and during the year ending June 30, 1908, the Third Avenue Railroad Company was and ever since has been and now is a domestic corporation duly created and existing under the laws of the State of New York, owning a railroad wholly within said State and exclusively within the territory embraced within the said Counties of New York, Kings, Queens and Richmond in said State, and mainly upon and along streets, avenues, roads, highways, bridges and public places in the City of New York, in said State, and not constituting or used as part of a trunk line railroad system. III. — At all times on and after January 12th, 1908, until and including June 30, 1908, the defendant Frederick W. Whitridge was and ever since has been and now is Receiver of said The Third Avenue 312 Railroad Company duly appointed by the United States Circuit Court, Southern District of New York, and qualified and acting as such Receiver and in possession as such Receiver of said railroad, and all other property and effects of said The Third Avenue Railroad Company, managing, controlling and operating the said railroad for public use in the conveyance of persons and property for compensation. IV. — At all of the said times in the preceding paragraphs mentioned the said railroad was and is a street railroad, and the said defendant Frederick W. Whitridge, as Receiver of the Third Avenue Rail- road Company as aforesaid, was and is a street railroad corporation as street railroads and street railroad corporations are respectively defined by the Public Service Commissions Law aforesaid, and were and are subject to the jurisdiction of the Public Service Commission for the First District. V. — Pursuant to the provisions of Section 57 of Chapter 565 of the Laws of 1890 and the acts amendatory thereof, known as the Railroad Law of the State of New York, and of Section 46 of the Public Service Commissions Law, the defendant Frederick W. Whitridge, as Receiver as aforesaid, was and is re- quired to make an annual report of the operations of said railroad for the year ending June 30th, 1908, and of its condition on that date in a form prescribed by the said Public Service Commission for the First District, such report to be filed with the said Commission on or before the 30th day of September, 1908. VL — The Public Service Commission for the First District, as aforesaid, on the 26th day of June, 1908, duly prescribed the form of the annual report as aforesaid to be so made and filed by street railroad corporations and the defendant Frederick W. Whitridge, as Receiver as aforesaid, of the Third Avenue Railroad Company and as required by law duly furnished to the defendant, as Receiver as aforesaid, the blank form for said report, and thereafter duly extended the time for the making and filing by said Fred- erick W. Whitridge, as Receiver as aforesaid, of said report until November 30th, 1908. VIL — The . defendant Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, as aforesaid, did not on or before November 30th, 1908, or at any time make or file the said annual report of the operations of the said railroad for the year ending June 30 and of its condition on that date in the form so prescribed or otherwise, and has wholly failed to make or file the same, and upon each and every day since November 30th, 1908, the said defendant Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, has been and is in default with respect to such report. WHEREFORE, plaintiffs demand judgment against the defendant Frederick W. Whitridge, as Re- ceiver of the Third Avenue Railroad Company, for the sum of one hundred dollars ($100) penalty for each and every day of such default or in all for the sum of $1,600.00, besides costs. GEORGE S. COLEMAN, Counsel to the Public Service Commission for the First District, Attorney for Plaintiff, No. 154 Nassau Street, Manhattan, New York Citv. STATE OF NEW YORK, | COUNTY OF NEW YORK, P^" William R. Willcox, being duly sworn, says that he is the Chairman of the Public Service Commission for the First District and one of the members of the said Commission and acquainted with the facts herein; that the foregoing complaint is true to the knowledge of deponent except as to the matters therein stated to be alleged upon information and belief and as to those matters he believes it to be true. WILLIAM R. WILLCOX. Sworn to before me this i6th \ day of December, 1908. f Oliver C. Semple, Notary Public, New York County. 313 SUPREME COURT, NEW YORK COUNTY. THE PEOPLE OF THE STATE OF NEW YORK, by the PUBLIC SER- \ VICE COMMISSION FOR THE FIRST DISTRICT, f Plaintiffs, ( ' * . . y \ Answer. Action for „ _ / failure to file report. FREDERICK W. WHITRIDGE, as Receiver of The Third Avenue Railroad I Company, I Defendant. / Frederick W. Whitridge, the defendant named in the complaint herein as Receiver of The Third Avenue Railroad Company, by Evarts, Choate & Sherman, his attorneys, answering the complaint herein, alleges as follows : First : Upon information and belief, he denies each and every allegation in the paragraph numbered "III" of said complaint contained. Second : Upon information and belief, he denies so much of the allegations in the paragraph numbered "IV" of said complaint contained as either state or imply that he was or is the Receiver of The Third Avenue Railroad Company, or that he was or is a "street railroad corporation" as that term is defined by the "Public Service Commissions Law," or that he was and is subject to the jurisdiction of the Public Service Commission for the First District. Third : Upon information and belief, he denies each and every allegation in the paragraph numbered "V" of said complaint contained. Fourth : Upon information and belief, he denies each and every allegation in the paragraph numbered "VI" of said complaint contained ; except that he admits the allegation in said paragraph contained, that sub- sequent to the 26th day of June, 1908, the Public Service Commission for the First District duly extended the time to make and file an annual report of the operations of said The Third Avenue Railroad Company for the year ending June 30, 1908, until and including the 30th day of November, 1908; and this defendant further alleges, upon information and belief, that the said Commission did not prescribe the form of the annual report required under Section 57 of Chapter 565 of the Laws of 1890 of the State of New York, and the Acts amendatory thereof, known as the "Railroad Law," and Section 46 of Chapter 429 of the Laws of 1907 of the State of New York, known as the "Public Service Commissions Law," to be made by street railroad corporations for the year ending June 30, 1908, until after the said 30th day of June, 1908, and did not furnish to the said The Third Avenue Railroad Company, or to this defendant a blank form for such annual report for the year ending June 30, 1908, until subsequent to the said 30th day of June, 1908; and that the said Commission made changes in and additions to the form of annual report for the year ending June 30, 1908, which required alterations in the method and form of keeping the accounts, records and memoranda of said corporation, The Third Avenue Railroad Company, and of this defendant, and that said Commission did not give to said corporation or to this defendant six months' notice, or any notice what- ever, of any such changes or additions; and that the contents of the said report prescribed by said Com- mission for the year ending June 30, 1908, and the form thereof, did not conform as near as might be to that required of common carriers under the provisions of the Act of Congress, entitled "An Act to Regulate Commerce," approved February fourth, eighteen hundred and eighty-seven, and the Act amendatory thereof, approved June twenty-ninth, nineteen hundred and six, and other amendments thereto. Fifth : This defendant denies each and every allegation in paragraph numbered "VII" of said com- plaint contained, except that he admits that he did not, on or before November 30th, 1908, make or file any annual report for the year ending June 30, 1908. WHEREFORE, this defendant demands judgment that the complaint herein be dismissed with costs. EVARTS, CHOATE & SHERMAN, Attorneys for the defendant, Fred- erick W. Whitridge, sued herein as Receiver of The Third Avenue Railroad Company, Office and Post Office Address, 60 Wall Street, New York City. 314 STATE OF NEW YORK,) . COUNTY OF NEW YORK.f " FREDERICK W. WHITRIDGE, being duly sworn, deposes and says: I am the defendant in the foregoing answer named. I have read the said answer and know the contents thereof, and the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and, as to those matters, I believe it to be true. F. W. WHITRIDGE. Sworn to before me this 13th } day of May, 1909. j Charles Engel, Notary Public, Kings County. NEW YORK SUPREME COURT, COUNTY OF NEW YORK, THE PEOPLE OF THE STATE OF NEW YORK, by the PUBLIC SER- 1 Trial Desired in VICE COMMISSION FOR THE FIRST DISTRICT, / New York County. Plaintiffs, against \ Summons. FREDERICK W. WHITRIDGE. as Receiver of The Third Avenue Railroad Company, Defendant. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer on the Plaintiff's Attorney within twenty days after the service of this summons, exclusive of the day of service, and in case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the complaint. Dated, April 8, 1909. GEORGE S. COLEMAN, Pltf's Atty. Post Office Address and Office, 154 Nassaii Street, Manhattan, New York City. SUPREME COURT, NEW YORK COUNTY. THE PEOPLE OF THE STATE OF NEW YORK, by the PUBLIC SER- \ romplaint VICE COMMISSION FOR THE FIRST DISTRICT. / Plaintiffs. ' against • \ Fort George Loop. FREDERICK W. WHITRIDGE. as Receiver of The Third Avenue Railroad I Company, j Defendant. / Plaintiffs in the above entitled action by the Public Service Commission for the First District for their complaint against the above named defendant, Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, allege upon information and belief: I. — At all the times herein mentioned, on and after July ist, 1907, William R. Willcox, William McCarroll, Edward M. Bassett, Milo R. Maltbie and John E. Eustis were and now are the Public Service 3x5 Commission for the First District, including the Counties of New York, Kings, Queens and Richmond, of the State of New York, duly appointed and qualified as commissioners and members of said Commission pursuant to Chapter 429 of the Laws of 1907, of the State of New York, known as the Public Service Commissions Law. IL — At all the times herein mentioned The Third Avenue Railroad Company was and now is a domestic corporation duly created and existing under the Laws of the State of New York, owning a railroad wholly within said State and exclusively within the territory embraced within the said Counties of New York, Kings, Queens and Richmond, in said State, and mainly upon and along streets, avenues, roads, highways, bridges and public places in the City of New York, in said State, and not constituting or used as part of a trunk line railroad system. in. — At all the times herein mentioned after January 12, 1908, the defendant, Frederick W. Whitridge, was and now is Receiver of said The Third Avenue Railroad Companj-, duly appointed by the United States Circuit Court, Southern District of New York, and qualified and acting as such Receiver, and in possession as such Receiver of said railroad and all other property and eflFects of said The Third Avenue Railroad Company, managing, controlling and operating the said railroad for public use in the conveyance of persons and property for compensation. IV. — At all of said times in the preceding paragraphs mentioned the said railroad was and is a street railroad and the said defendant, Frederick W. Whitridge. as Receiver of The Third Avenue Railroad Company, as aforesaid, was and is a street railroad corporation as street railroads and street railroad corporations are respectively defined by the Public Service Commissions Law aforesaid, and were and are subject to the jurisdiction of the Public Service Commission for the First District. V. — The Public Service Commission for the First District under said Public Service Commissions Law at all of said times has and now has general supervisions of all common carriers, railroads, street railroads, railroad corporations and street railroad corporations within its jurisdiction, with power to examine the same and keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines, owned, leased, controlled or operated are managed, conducted and operated, not only with respect to the adequacy, security and accomodation aflForded by their service, but also in respect to their compliance with all the provisions of law, orders of the Commission and charter requirements, and with power to grant permission and approval for the construction and operation of an extension of a street railroad within said district and for the exercise therein by said corporation of any franchise or right under any provision of the Railroad Law or of any other law not heretofore lawfully exercised, whenever said Commission shall, after due hearing, determine that such construction or such exercise of the franchise or privilege is necessary or convenient for the public service. VL — That heretofore, subsequent to the first day of January, 1909, and prior to the 4th day of March, 1909, the defendant, Frederick W. Whitridge, as Receiver of said The Third Avenue Railroad Company, began the construction of an extension of the line of said company's street railroad in the County of New York, in said district, over the following route : "Beginning and connecting with the existing double track street surface railway on Amsterdam Avenue at or near the intersection of said avenue with Fort George Avenue ; thence northerly, westerly and south- erly, in upon and along said Fort George Avenue as it winds and turns to its intersection with Audubon Avenue with a loop terminal at said intersection to be constructed within the present roadway of said Fort George Avenue." VIL — That after beginning such construction said Frederick W. Whitridge, as Receiver of said The Third Avenue Railroad Company, continued to construct in said district such extension of the line of street railroad of said The Third Avenue Railroad Company upon each and every day to and including the 19th day of March, 1909, Sundays and holidays excepted. VIIL^That on or about the 4th day of March, 1909, a franchise was granted to said corporation by the City of New York to construct, maintain and operate an extension of said railroad over the route in question pursuant to the terms of a contract entered into on that date between the City of New York and The Third Avenue Railroad Company by Frederick W. Whitridge, Receiver. IX.— That between said 4th day of March, 1909, and the 19th day of March, 1909, both inclusive, and on each and every day during said period, Sundays excepted, said defendant continued the construction of said extension in said County of New York, in said district, and exercised therein the franchise to construct the same granted as aforesaid by the City of New York. X. — That prior to July i, 1907, no certificate of public convenience and necessity for such extension had been granted by the Board of Railroad Commissioners of the State of New York, nor had said The 316 Third Avenue Railroad Company prior to said time become entitled by virtue of its compliance with the provisions of the Railroad Law to begin such construction ; nor had said corporation prior to said date lawfully exercised any franchise or right upon the said route of said extension under any provision of the Railroad Law, or of any other law. XL — That the defendant did not obtain the permission or approval of the said Public Service Com- mission for the First District prior to the beginning on said date of such construction of said extension of said street railroad to the construction of the same in said district, and that the defendant did not obtain the permission or approval of the said Public Service Commission for the First District to the exercise of said franchise for the said extension of said street railroad in such district prior to continuing on the dates aforesaid such construction in said district of said extension of said street railroad. That said defend- ant began and continued the construction of said extension as aforesaid in said County of New York, in said district, on the day aforesaid, and exercised the said franchise therein by continuing said construction as aforesaid on the dates aforesaid without first having obtained the permission or approval of the Public Service Commission for the First District, as required by Section 53 of the Public Service Commissions Law, to the beginning of such construction or to such or any exercise of such franchise and in direct violation of the provisions of that section. WHEREFORE, plaintiffs demand judgment against the defendant, Frederick W. Whitridge, as Receiver of The Third Avenue Railroad Company, for the sum of Five Thousand Dollars ($5,000) penalty for beginning such construction in violation of said law as aforesaid and for the sum of Five Thousand Dollars ($5,000) penalty for each and every day during which such construction has continued and such franchise has been exercised between March 4, 1909, and March 19, 1909, both included, in violation of said law as aforesaid, or in all for the sum of Seventy-five thousand Dollars ($75,000) besides costs. Dated, New York, March 31, 1909. GEORGE S. COLEMAN, Counsel to Public Service Commission for the First District. Attorney for Plaintiffs, 154 Nassau Street, Manhattan, New York City. STATE OF NEW YORK, . :}' COUNTY OF NEW YORK, WILLIAM R. WILLCOX, being duly sworn, says that he is the Chairman of the Public Service Commission for the First District and one of the members of said Commission, and acquainted with the facts herein; that the foregoing complaint is true to the knowledge of deponent, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. WILLIAM R. WILLCOX. Sworn to before me this 5th ) day of April, 1909. I Oliver C. Semple, Notary Public, New York County, New York, County Clerk's No. 84, Register's No. 1057. SUPREME COURT, NEW YORK COUNTY. THE PEOPLE OF THE STATE OF NEW YORK, by the PUBLIC SER- | Answer. VICE COMMISSION FOR THE FIRST DISTRICT, Plaintiflf, against \ Fort Geo. Loop FREDERICK W. WHITRIDGE, as Receiver of The Third Avenue Railroad Company, Defendant. Frederick W. Whitridge, the defendant named in the complaint herein, as Receiver of The Third Avenue Railroad Company, by Evarts, Choate & Sherman, his attorneys, answering the complaint in this action, alleges as follows : 317 First. — Upon information and belief, he denies each and every allegation in the paragraph numbered "III" of said complaint contained ; and so much of the allegations in the paragraphs numbered "IV," "VI," "VII," "IX" or "XI," as either state or imply that he was or is the Receiver of The Third Avenue Railroad Company, or as state or imply that he was or is a "street railroad corporation" as that term is defined by the "Public Service Commissions Law," or as state or imply that he did any act whatever as such alleged Receiver of The Third Avenue Railroad Company. Second. — This defendant further answering the allegations contained in the paragraph numbered "XI" of said complaint denies upon information and belief, that the construction of said extension of said railway was in violation of Section 53 of the said Public Service Commissions Law, or of any other law, and he alleges, upon information and belief, that prior to the beginning of the construction of said extension the said The Third Avenue Railroad Company procured all permits, permissions and authority required by law to enable said railway to begin such construction. Third. — This defendant further alleges that the speedy construction of the extension in said complaint mentioned was a matter of great importance to the public and The City of New York; that on December II, 1908, a proposed form of contract for the grant of the franchise or right to construct, maintain and operate the said extension embodying all of the terms and conditions thereof, was submitted to the Board of Estimate and Apportionment of The City of New York, and was tentatively agreed upon and approved by said Board and by said Railroad Company; that on the said nth day of December, 1908, the said Board of Estimate and Apportionment, being thereunto duly authorized by law, duly determined that it was in the interests of the traveling public that the construction of said extension should be completed at as early a date as possible, and authorized and requested the President of the Borough of Manhattan to issue a temporary permit to the said Railroad Company to open the portion of the streets included in the route of said extension and to construct said extension; that thereafter the President of said Borough, being there- unto duly authorized by law, duly granted to said Railroad Company such temporary permit ; that on or about December 26, 1908, the Department of Water Supply, Gas and Electricity of The City of New York, being thereunto duly authorized by law, duly granted to said Railroad Company a permit to take up the pavements of said streets and lay the necessary electrical conductors for the operation of said extension of said railway, which last mentioned permit was duly approved by the President of the Borough of Manhattan on January 5, 1909; that on or about December 26, 1908, this defendant as Receiver of the property of The Third Avenue Railroad Company mortgaged and pledged under its First Consolidated Mortgage dated May 15, 1900, submitted to said Public Service Commission for the First District a copy of the said proposed form of contract for the grant of such franchise, and requested said Commission to consent to the immediate beginning of the construction of said extension under said temporary permits ; that on January 6, 1909, the said Commission informed this defendant as such Receiver that it deemed it inadvisable to consider an application for a certificate under Section 53 of said Public Service Commissions Law until a franchise for said extension had been granted by The City of New York, but making no reply to said request or consent to begin the construction of said extension under said temporary permits ; that on January 7, 1909, this defendant as such Receiver informed said Commission that unless he received further definite advice from said Commission he would act upon his own judgment; that having received no further communication from said Commission in respect of the matter aforesaid he inferred that said Commission had no objection and consented to the immediate beginning of the said construction under said temporary permits; that, notwithstanding the utmost efforts, the contract embodying said franchise for said extension was not executed by The City of New York until March 4, 1909; that, immediately upon the grant of said franchise, and on March 5, 1909, The Third Avenue Railroad Company presented its formal application to the said Public Service Commission, praying that the said Commission should "determine that the construction and the exercise of the franchise to operate" the said extension is "necessary or convenient for the public service, and that the Commission give its permission and approval thereto ;" that, thereafter, and on or about March 20, 1909, and while said application was pending before said Commission, the said Commission notified this defendant as such Receiver that it would not proceed upon said application until it received assurances from said Railroad Company or this defendant as Receiver, that all work on said extension had been stopped and would not be proceeded with until said application had been approved by said Com- mission ; that on March 20, 1909, this defendant as such Receiver gave to said Commission such assurances and said work on said extension was stopped on that day, and no further work thereon was done until the 29th day of March, 1909; that on or about the 26th day of March, 1909, the said Public Service Com- mission duly made and entered an order whereby it determined that the construction and operation of said extension was necessary and convenient for the public service and granted its permission to, and approval of, the construction and operation by said Railroad Company of the said extension, a copy 318 of which order is hereto annexed and marked "Schedule A'" and made a part hereof; that said order was thereafter, and on or about the Qth day of April, 1909, amended by the elimination of the last clause thereof. WHEREFORE, the defendant demands judgment that the said complaint be dismissed with costs. EVARTS, CHOATE & SHERMAN, Attorneys for the Defendant Frederick W. Whitridge, sued herein as Receiver of The Third Avenue Railroad Com- V pany. Office & P. O. Address, 60 Wall Street, New York City. J STATE OF NEW YORK, COUNTY OF NEW YORK ■ FREDERICK W. WHITRIDGE, being duly sworn, deposes and says : I am the defendant in the fore- going answer named. I have read the said answer and know the contents thereof, and the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. F. W. WHITRIDGE. Sworn to before me this 22nd j day of May, 1909. ) JAS. S. WILLIAMS, [L. S.] Notary Public. New York, July 10, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have yours of the 9th instant in respect to the service on the Kingsbridge Road, for which I am much obliged to you. I am anxious to give every possible service for the accommoda- tion of the public which is reasonable. Yours truly, Receiver. New York, Tulv 9. IQ09. FREDERICK W. WHITRIDGE, Esq., Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: Referring to the complaint of the Liberal Republican Club of lack of service on the Kingsbridge Road above 162nd Street between the hours of i :oo and 5 :oo A. M., and to your letter of June 25th bearing upon the subject, I beg to say that it is considered that the showing made does not warrant at the present time the service requested. Unless further complaint or evidence is submitted to the Commission, the matter will be allowed to rest. Yours very truly, TRAVIS H. WHITNEV, GFD/CWT Secretary. C-3440 319 PREFACE TO VOLUME III. This third volume of correspondence with the PubHc Service Commission, like the pre- ceding volumes, requires little comment. The -flood of communications from the Commission has somewhat abated, and it has a new transportation engineer who is a man of sense and some experience, but, generally speak- ing, time, experience and even the breath of adversity which touches us all, have passed over the Commission and left it unchanged and scathless. Its work in regulating me is here recorded, but I am informed (I hope correctly) that in other directions it has done marvellous things, and that having secured from the Long Island Railway Company copies of its schedules for the last five years — amounting to some tons of printed matter — it has been able, after a study of those data, to find a method by which all the trains on the Long Island Railway will, here- after, be on time! I had intended to print in this volume the report of the speech of the Chairman of the Com- mission made on May 25th. That report contains, however, such gross misstatements of fact and is in such shocking taste, that the Chairman probably is, and his colleagues much more probably are, by this time, ashamed of it. "Keep your temper" and "Tell the truth" are sound rules of controversy, and it is also true, and the Chairman ought to be able to find comfort in the thought of it, that honest laughter is incompatible with malice and far removed from spite. I assume that some plan for the reorganization of the Third Avenue Railroad Company will shortly be approved by the Commission or otherwise be carried into effect, and this re- ceivership will end. This, therefore, will probably be the last volume I shall have occcasion to publish, and I hope that students of State regulation may, hereafter, find this record of what the Commission has actually accomplished in one branch of its business, and of the manner in which the Commissioners went about that business, of interest and possibly of value. From it all, I think it appears that, while the Public Service Commission in the First District might have been useful and even valuable, it is almost incredible that it should in this instance have caused the needless expenditure of so much time and money to so little purpose. F. W. WHITRIDGE. 321 Frederick W. Whitridge, Esq., July gth, 1909. Receiver of the Third Avenue Railroad Co., 130th Street & Third Avenue, New York City, N. Y. Dear Sir: Will you kindly file for use of this Commission copies of contracts between the Third Avenue Rail- road Co., the Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co. and the Dry Dock, East Broadway & Battery Railroad Co., covering the interchange of equipment between these systems. Yours very truly, RCH/LMB TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, July 10, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 9th instant. If there are any contracts between the Third Avenue, 42nd Street and Dry Dock Railroads covering the interchange of equipment, they are on file in your office. I personally have never seen or heard of any such contracts. The equipment is rented on executive order. Yours truly, Receiver. Frederick W. Whitridge, Esq., July nth, 1909. Receiver of Third Avenue Railroad Co.,. 130th Street & Third Avenue, New York City, N. Y. Dear Sir: I am in receipt of your letter of July loth informing us that the equipment is rented by the Forty- second Street, Manhattanville & St. Nicholas Avenue Railway Co. and by the Dry Dock, East Broadway & Battery Railroad Co. from the Third Avenue Railroad Co. on executive order, and that personally you have never seen or heard of any contracts covering the interchange of equipment. Will you be good enough to inform the Commission what is the understanding as to terms of rental upon such cars and equipment as may be from time to time used by the Forty-second Street and Dry Dock roads under the orders re- ferred to. Yours very truly, TRAVIS H. WHITNEY, RCH/LMB Secretary. Travis H. Whitney, Esq., New York, July 13th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the nth instant. . In reply thereto I have to say that the 42nd Street Railway pays $2 a day for cars furnished to it, and the number of cars furnished varies from day to day according to the exigencies of business. Yours truly, Receiver. 322 Frederick W. Whitridge, Esq., New York, July 14, 1909. Receiver, Third Avenue RR. Co., 130th Street & Third Ave., New York City. Dear Sir:— I beg to acknowledge receipt of your favor of the 13th inst. stating that the Forty-second Street Rail- way Company pays two dollars a day for cars furnished to it. Yours very truly, DFW/DMQ TRAVIS H. WHITNEY, Secretary. F. W. Whitridge, Esq., Receiver, July 12, 1909. Third Avenue Railroad Company, 130th Street and Third Avenue, New York City. Dear Sir : With reference to the depreciation accounts mentioned in your letter of the 9th,* I beg to say that any proposition to consolidate the properties of the Third Avenue system will receive the consideration of the Commission, which must insist however that, so long as the properties are, as a matter of law, operated independently, their accounts shall be put upon a proper basis; that all agreements between the companies shall be reduced to writing and filed with the Commission, in accordance with its filing orders, which are of general annlication, and that the accounts of every company which holds and maintains road or equipment shall include capital consumed as a necessary part of the cost of operation. Without a depreciation charge no statement of expense is complete nor can a true statement of profits be deduced. The Commission's accounting order is sufficiently elastic to provide for different situations and if the estimate of depreciation does not prove satisfactory, it can be changed upon filing due notice. But unless such notice is filed, the Commission cannot keep informed as to the true situation of each of the com- panies that is, nominally at least, autonomous. TRAVIS H. WHITNEY, AFW/ARB Secretary. ♦See Vol. 2, page 808. Travis H. Whitney, Esq., New York, July 13, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 12th in respect to the depreciation accounts and some other matters. I have no objection to doing anything you suggest which involves no great expense, but I point out to you that there is a certain danger in rules promulgated ex cathedra or otherwise than as the fruit of experience. Yours truly. Receiver. Fred'k W. Whitridge, Receiver, New York, July 17th, 1909. Third Ave. R. R. System, New York City. Dear Sir: Will you kindly request the Receivers of the Metropolitan St. Ry. Co. to furnish at their very earliest convenience, copies of the following drawings and information relating to Third Ave. construction; we have reason to believe that the majority of this data is in their files, and, under an agreement, which we understand has been made between the Receivers of the two Systems, will be furnished you on application, 323 The data requested below is most urgently needed in connection with our appraisal work, and, we understand, will be of great value to your own engineering department to supplement your records. 1st: Engineering plans showing details of construction (and excavation necessary) for the various types of roadbed, preferably in the form of an X-section. This will apply to the 3rd Ave. R. R. 42nd St., Manhattanville & St. Nicholas Ave. Ry., the Dry Dock, East Broadway & Battery, the Kingsbridge and the Union Railway Systems of the Bronx. 2nd: Map or statement showing the limits of each type of construction as above noted. These limits to be preferably located with reference to some fixed point at intersecting streets. This data to cover not only tracks in street, but also in car houses, yards, on bridges and abutments. 3rd: Drawings of special work now in place at the locations shown on the enclosed list, entitled "List of Special Work for which Drawings are Required, 3rd Ave. R. R. System." Note: All drawings and plans, preferably to contain latest available information. 4th: Cost Data — Removing Obstructions, Dry Dock, 42nd St., & 3rd Ave. Railways. Very truly yours, JRB/TG J. E. EUSTIS, Commissioner and Acting Chairman. John E. Eustis, Esq., Acting Chairman, July 21st, 1909. Public Service Commission, 154 Nassau Street, N. Y. City. Dear Sir: I have yours of the 17th inst. in which you request me to furnish you with certain data which you say is most urgently needed in connection with your "Appraisal Work." In reply thereto I have to say that in view of my correspondence with your Commission on the subject of appraisals and of the apparent unwillingness of the Commission to define its position in respect thereto, I have come to the conclusion after the examination of the statutes that your "Appraisal Work" is one that you have no business to undertake at the public expense. It is extra legal, if not illegal, and may prove very mischievous. I shall therefore be unable to furnish you with any information whatever for use in your "Appraisal Work" except upon an order of the Court, the request of the Third Avenue Bondholders Committee or such legal order as the Commission may itself make. I am sure you will understand that I very much regret to come to this decision for I am particularly anxious to work in harmony with the Com- mission and I dislike any disagreement with them, but I think you will recognize that, my views being what they are, I cannot do otherwise. Yours very truly, Receiver. Mr. Frederick W. Whitridge, Receiver, New York, July 23, 1909. Third Avenue Railroad Company, 130th Street & 3rd Ave., New York. Dear Sir: . Yours of the 21st, addressed to Commissioner Eustis, is referred to me for answer. I cannot quite understand your reference tb the "apparent unwillingness of the Commission to define its position" in respect to appraisal work. 324 You must be aware that the purpose of the Commission is, in brief, to secure reliable information as to the values of the physical properties of the Company of which you are the Receiver. This for the purpose of being in possession of the facts necessary or important for its discharge of the duties devolv- ing upon it in connection with issues of securities, passenger rates, etc. As a case in point, it is manifest that a correct knowledge of these is a factor in the consideration of your application for approval of an issue of securities which has been the subject of proceedings still going on before the Commission. The opinion which you express, as to the legality of its work, while of interest, can, of cource, have no effect other than to make it necessary for the Commission to resort to the measures with which it is empowered by law for the procurement of the papers and information desired. Your closing remarks that you "very much regret to come to this decision" ; that you are "particu- larly anxious to work in harmony with the Commission" and that you "dislike any disagreement with them," and other similar protestations in previous letters addressed to the Chairman, are so at variance with the actual course pursued by you at almost every step that they serve mainly to emphasize the con- trast between your words and actions. I believe the final result will disclose that it were better that the former rather than the latter were followed. Very truly yours, WMcC/JM. WM. McCARROLL, Acting Chairman. Mr. William McCarroll, Acting Chairman, July 24th, 1909, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 23rd, If you will read the letters on the subject of valuations which, your Commission has not answered you will understand my reference to the unwillingness of the Commission to define its position. I am very much obliged to you for your intimation that the Commission's physical valuation of properties is, among other things, for the purpose of enabling it to discharge the duties- devolving upon it in connection with passenger rates, etc. I have suspected you of entertain- ing that notion, but I could not be sure. I am sorry you doubt the sincerity of my desire to have you dwell with me in unity, for it is really my wish, and as a last evidence thereof, pray permit me to suggest to you that before the Commission again resorts "to the measures it is empowered by law, etc." it should consult its own counsel. Yours very truly, Receiver. F. W. Whitridge, Esq., Receiver, New York, July 27th, 1909. Third Avenue Railroad Company, 130th St. & 3rd Ave., New York City. Dear Sir: Receipt is herewith acknowledged of your communication of July 24th, to Acting Chairman McCar- roll. Yours truly, TRAVIS H. WHITNEY, THW/HJC. Secretary. 325 The following letter of the Commission is a form which comes with every complaint and for economy of space is only printed once: July 17, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: The Public Service Commission for the First District has received the communication from William Goebel of i8ist Street and Fort Washington Avenue, of which copy is herewith sent to you for your information and such investigation as you may wish to make. It may be that this is an isolated case, or one which is due to some defect in your organization or service, which the Commission ought officially to investigate, but preliminary thereto, the Commission desires your explanation thereof. Please answer hereto to this Commission by the 27th day of July, sending a copy of your answer to the Complainant at the above address, who has been requested to reply thereto within ten days thereafter. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, End. Secretary, C-3653 Public Service Commission, New York, July 16, 1909. Tribune Bldg., N. Y. City. Gentlemen : - I herewith beg to call your attention to the very irregular and inadequate service rendered the resi- dents of the upper West Side, by the Broadway-Kingsbridge branch of the 3rd Ave. R. R. Co., which branches off the main line at i6ist St. and Amsterdam Ave., running north through St. Nicholas Ave. and Broad- way to West 225th St. It is often necessary to wait 10 to 20 minutes for a car over this line, not only during the day, but also during what is generally considered the "rush hours," 7 to 9 A. M., and 5 to 7 P. M. The Company will no doubt offer the excuse that traffic does not warrant the more frequent running of cars; but many times have I and others been compelled to wal k far out of the way to other lines rather than wait unreasonable time. The section of the City through which this line passes is rapidly building up and anything your Honorable Body can do to secure better service will be greatly appreciated. Very respectfully, (Signed) WILLIAM GOEBEL, i8ist Street and Fort Washington Ave. Travis H. Whitney, Esq., New York, July 19, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 17th enclosing the complaint of William Geobel in respect to the Kings- bridge Line. I think Mr. Goebel somewhat exaggerates the length of time which he or anybody else has been obliged to wait on that Line, but nevertheless I think the service has not been adequate and last week, after personal inspection, I ordered four more cars put on during the rush hours. I think that ought to meet the situation, but if it does not, we will put on some more. 326 It is very difficult to forecast what the demands on this road will be, as there are not only the regular baseball assemblages, but various irregular assemblages which make quite unex- pected and unforeseen congestion. I am very glad of any information on the subject which will enable us to meet the public demand. Yours truly. Receiver.- New York, July 19, 1909. Mr. William Goebel, 181 St Street & Fort Washington Avenue, New York City. Dear Sir : I send you herewith copy of my letter to the Public Service Commission in answer to your letter of July i6th. I shall be very happy to hear from you at any or all times in respect to the subject matter thereof. Yours truly, Enclosure. Receiver. New York, July 22, 1909. Frederick W. Whitridge, Receiver, 3rd Ave. R. R. Co., Dry Dock, E. B. & B. Ry. Co. Union Ry. Co., 42nd St., Manhattanville & St Nicholas Ave. Ry. Co. 130th St. & Third Ave., City. Dear Sir: I transmit herewith and serve upon you a certified copy of Filing Order in Case No. 1137, adopted by the Commission at its meeting July 13th. In addition, I am sending you a supply of the monthly report blanks, intended for use from July to December, 1909, inclusive. Kindly acknowledge receipt of both the order and the forms of reports. Very truly yours, AM/SZ • TRAVIS H. WHITNEY, Enc. Secretary. 327 STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. IN THE MATTER J OT? 1 Case No. 1137. ^^ r Filing Order. Monthly Reports o£ Street Kafiway Operations, It is hereby ORDERED: That every street railroad' corporation within the jurisdiction of the Commission, and every railroad corporation within such jurisdiction which now or hereafter operates any cars or trains by means of electric energy or other motive power than steam, file with the Commission a monthly report of its operations on and after July i, 1909, in accordance with the form designed as "Monthly Report of Street Railway Operations" (Serial Form No. 2164), said form being based upon the classifi- cation of accounts prescribed on December 8, 1908, for all street and electric railroad corporations within the jurisdiction of the Commission; and that said form be and the same hereby is approved and prescribed as the form for said monthly report; and WHEREAS, the Commision is in need of information as to each and every question contained on pages one, five and six of the said form, it is further ORDERED: That each and every such corporation make specific answer monthly to each and every question upon pages one, five and six of such form. And it is further ORDERED: That beginning as of July i, 1909, blanks, embodying the said form, shall be sent to every such corporation, and that each and every such corporation file with the Commission a report of its said operations during the month of July, 1909, in the form aforesaid, and make specific answer to each and every such question contained upon pages one, five and six of such form in respect of the said month of July, 1909, within six weeks after the close of that month. And it is further ORDERED: That each and every such corporation shall thereafter, until this order is withdrawn or modified, file a report of its operations, . in the form aforesaid, and make specific answer to every such question upon pages one, five and six of such form, in respect of and as to each succeeding calendar month, within six weeks after the close of such month. New York, July 22, 1909. Frederick W. Whitridge, Receiver, 3rd Ave. R. R. Co., 42nd St., E. B'way & Battery R. R. Co., Union Ry. Co., Dry Dock, E. B'way & Battery R. R. Co., 130th St. & Third Ave., City. Dear Sir: I transmit herewith and serve upon you a certified copy of Filing Order in Case No. 1138, adopted by the Commission at its meeting July 13th. In (addition, I am sending you a supply of the quarterly report blanks, for quarters ending September 30th and December 31st, 1909, which embraces an income aud a balance shett statement. Kindly acknowledge receipt of both the order and the forms of reports. Very truly yours, AM/SZ TRAVIS H. WHITNEY, Etic. Secretary. 328 STATE OF NEW YORK PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. IN THE MATTER J °^ ( Case No. 1138. ■Quarterly Reports to be made and filed by Street Railroad Corporations and by f Filing Order. E^lectric Railroad Corporations within the Jurisdiction of the Public Service Com- \ ■mission for the First District. f It is hereby ORDERED : That the "form for quarterly report of street and electric railways" prepared by the Chief Statistician of this Commission on the basis of the classification of accounts adopted by the ■Commission December 8, 1908, and printed under that designation as Serial Form No. 2165, a copy of which form is now before this Commission, be, and the same hereby is approved and prescribed as the form for quarterly reports to be made to the Commission by street railroad corporations and by railroad corporations hereinafter mentioned within its jurisdiction; that such copy duly authenticated by the Secretary of the Commission be filed in its archives, and that said copy so authenticated and filed shall be deemed the original form prescribed hereunder: ORDERED : That beginning as of July i, 1909, blanks embodying the said form shall be sent to prints of the 65th Street car barn so far as we had same. I presume that this set of blue prints will meet all your requirements. Yours truly, Enclosures: Assistant to Receiver. Travis H. Whitney, Esq., August 10, 1909. Secretary, Public Service Commission, 154 Nassau Street, N. Y. Dear Sir: I beg to enclose herewith reports for the quarter ending June 30, 1909, made by the Re- ceiver of the following roads, viz. : Third Avenue Railroad, Union Railway, 42nd St., Man. & St. Nich. Ave. Ry., Dry Dock, E. B'way & Battery R. R. I also enclose report for the same quarter made by the Southern Boulevard Railroad Company. Will you please acknowledge the receipt of the same and oblige, Yours very truly, WF-HMF. Assistant to Receiver. Third Avenue Railroad Company, August 11, 1909. R. W. Kelley, Esq., Assistant to Receiver, 130th Street and Third Avenue, New York City. Dear Sir : Receipt is acknowledged of the reports for the quarter ending June 30, 1909, of the Southern Boule- vard Railroad Company, and the following roads operated by the Receiver: Third Avenue Railroad Co., Union Railway Company, 42nd St., Manhattanville & St. Nich. Ave. Ry. Co., Dry Dock, East Broadway & Battery R. R. Co. Note is made of the altered method of treating power production and sales. In order, however, that the report may afford a true comparison, you are requested to supplement it with a statement of earnings and expenses and miscellaneous income made out in the same form as that for the corresponding quarter of 1908. Very truly yours, TRAVIS H. WHITNEY, AFW/ARB Secretary. Travis H. Whitney, Esq., ' New York, August 17th, 1909. Secretary, Public Service Commission, 154 Nassau St., City. Dear Sir: Replying to your letter of August nth, as to a supplemental statement of earnings and expenses of miscellaneous income, I have given instructions to prepare same. Yours truly, Assistant to Receiver. 337 Travis H. Whitney, Esq., New York, August 23rd, 1909. Secretary, Public Service Commission, 154 Nassau St., City. Dear Sir: As requested in your favor of August nth, I hand you herewith quarterly statement of earnings and operating expenses, etc., of the Third Avenue Railroad, made up as requested by you on the basis of 1908. Yours truly, Assistant to Receiver. R. W. Kelley, Esq., New York, August 12th, 1909. Assistant to Receiver, 3rd Ave. R. R. Co., 130th St. & 3rd Ave., N. Y. City. Dear Sir: Permit me to acknowledge receipt of your favors of August 9th & loth, the latter accompanying Blue Prints Nos. 7 & 42. We should be glad to receive the Blue Prints of the Brook Ave. Substation as soon as prepared. We have located the Blue Prints of the 65th St. barn previously received. We have not yet received the Inventories — including prices — mentioned in the Subpoena, which we are anxious to have as soon as possible. Very truly yours, HF/LEK. TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, August 13, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir : I have your favor of the 12th instant. The blue prints for the Brook Avenue Sub-station will be forwarded today. The inventories referred to are being prepared and will be furnished as soon as we can reasonably do so. Yours truly. Assistant to Receiver. Travis H. Whitney, Esq., New York, August 12, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: Inasmuch as Mr. Whitridge will not return from abroad until some time in October, an extension of time for filing the annual reports from September 30th to October 15th is respect- fully requested in the following cases: 338 Receiver Third Avenue Railroad Company, 42nd St., Manhattanville & St. Nicholas Ave. Ry. Co., Dry Dock, East B'way. & Battery Rd. Co., " Union Railway Company. Yours truly. Assistant to Receiver. New York, August 14, 1909. R. W. Kelley, Esq., Assistant to Receiver, Third Avenue Railroad Co., 130th St. & 3rd Avenue, New York City. Dear Sir: I am in receipt of your letter stating that Mr. Whitridge will be abroad until some time in October, and asking for an extension of time until October 15th for filing his annual report. In order to bring the matter properly before the Commission it will be necessary to make application in accordance with Rule XXVI of the Commission's Rules of Procedure, a copy of which is enclosed. Very truly yours, AFW/LER TRAVIS H. WHITNEY, Enc Secretary. RULE XXVI OF THE RULES OF PROCEDURE OF THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT, ADOPTED FEBRUARY 23, 1909. Governing Application for Extension of Time to File Reports. RULE XXVI. — Application for Extension of Time for Making and Filing of Reports. An application by any corporation or person for an extension of the time within which it is required to make and file any report with the Commission shall be in writing, by verified petition, filed before the expiration of the period extension of which is deemed necessary, and setting forth in detail (i) what, if any, effort has been made by the applicant to prepare such report; (2) any facts tending to show why the said report cannot be made and filed within the time prescribed; (3) any other facts which may make an extension of time necessary or proper; (4) the further period of time deemed necessary by the appli- cant within which to make and file such report. The Commission tAay hold a hearing upon said petition and in that event the applicant shall attend before the Commissioner presiding and produce such witnesses and documents in the matter as the Commission shall require. New York, August 14, 1909. R. W. Kelley, Esq., Assistant to the Receiver, Third Avenue Railroad Company and Other Companies in the Third Avenue System. My Dear Mr. Kelley: — I thank you for the memorandum sent to me yesterday with respect to the Central Crosstown Rail- way Company matter and I am now going over the same. In the Third Avenue Railroad and associated companies investigation I send you herewith a sub- poena and in the case of this latter a memorandum of the matters as to which I should like some one to attend under this subpcena to assist in presenting the position of the Third Avenue System respecting these questions. I realize that these are to a very large extent legal questions and what I wish of course of any witness is not a legal opinion but the position which the Third Avenue System takes and upon which it has acted in respect to the matters in question as, for instance, the claim of the company or its engineers with respect to its title or interest in such jointly used construction and the manner in which any interest is evidenced by contract or correspondence and by claims or entries on the books or notes 339 which have been taken for indebtednesses growing out of joint construction. I apprehend that possibly this may not be available on Monday afternoon, but I send this out so that the matter may be under consideration and possible investigation and that at some later day at which the matter on Monday may be adjourned some one may attend who can present to the Commission the position of the company with respect to its claims in these cases. The attached memorandum is rather full, for the purpose of indicating what is to be considered. Very truly yours, OCS/WEH OLIVER C. SEMPLE, Enc: Assistant Counsel in charge of the Law Department. Mr. Oliver C. Semple, August i6th, 1909. Assistant Counsel, Public Service Commission, 154 Nassau St., City. Dear Sir: — I have your favor of the 14th inst. and the two subpcjenas received this morning to appear to-day at 2 130. I will arrange to have Mr. Quinn, who is really more familiar with the points in question than I am myself, to see Mr. Choate and appear to-day. You thank me for a memorandum sent you in regard to Central Crosstown Railway mat- ter. I do not know to what you refer, as the Central Crosstown road is not under our juris- diction. Very truly yours, Assistant to Receiver. R. W. Kelley, Esq., New York, August 16, 1909. Assistant to Receiver, Union Railway Company of New York City, 1 1 19 Third Avenue, New York City. Dear Sir : The balance sheet statement filed by the Receiver as of June 30, 1909, contains on the assets side an item of $526.25 entitled "Purchase of New York City Railway Co." Will you kindly explain the nature of this asset? Very truly yours, AFW/LER TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, August 31st, 1909. Secretary Public Service Commission 154 Nassau Street, New York City. Dear Sir: Referring to your favor of August i6th our representative has seen Commissioners Will- cox and Eustis and explained this matter so that I think they understand it. I will ask a little delay in sending the item requested. Yours truly, Assistant to Receiver. 340 Travis H. Whitney, Esq., New York, August 17th, 1909. Secretary, Public Service Commission, 154 Nassau St., City. Dear Sir: — Referring to my letter of August 12th, asking extension of time for filing annual report from September 30th to October 15th, and your reply thereto of August 14th, I hereby renew said application in accordance with Rule 26, P. S. C. I St. We are working on these reports now. 2nd. At this season of the year some of our clerks are on their vacation, and the work of preparing the new monthly report to September 15th, which was new and unexpected work, interferes with other work. 3rd. Mr. Whitridge, Receiver, is desirous of examining the reports. 4th. The period of time for which the extension is asked is from September 30th to October 15th. Yours truly, Assistant to Receiver. Frederick W. Whitridge, Esq., * New York, August 20, 1909. Receiver, Third Avenue Railroad Company, 130th Street and Third Avenue, New York City, N. Y. Dear Sir:— Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 11 18, adopted by this Commission at its meeting to-day, extending from September 30, 1909, to October 15, 1909, the time of the Third Avenue Railroad Company and its Receiver for filing its annual report. Very truly yours, TRAVIS H. WHITNEY, JHG/JCG Secretary. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Form of Annual Report to be filed by STREET AND ELECTRIC RAILROAD V ^ase No._ ni8. ^ CORPORATIONS within the jurisdiction of the Public Service Commission for I the First District in accordance with Section 46 of the Public Service Commis- \ sions Law. I An Order having been duly made herein on June 18, 1909, approving and prescribing the form of annual report to be filed by Street and Electric Railroad Corporations within the jurisdiction of the Public Service Commission for the First District, and application having been made in behalf of the Receiver of the Third Avenue Railroad Company for an extension of time within which to file said report, and reasonable ground appearing therefor, it is 341 ORDERED: That the time of the Third Avenue Railroad Company and Frederick W. Whitridge, its Receiver, for filing said annual report, be, and the same hereby is, extended from September 30, 1909, to October 15, 1909. Travis H. Whitney, Esq., Secretary, New York, August 21st, 1909. Public Service Commission, 154 Nassau St., City. Dear Sir: — I beg leave to acknowledge receipt of your favor of the 20th, with extension order :^ 11 18, extending time for filing annual reports to. October 15th, 1909. I note that this order applies only to the Third Avenue Railroad Co. My letter of August 1 2th asked for an extension for the 42nd Street, Manhattanville & St. Nicholas Ave. Railway Co. ; Dry Dock, East Broadway & Battery Railroad Co. ; and the Union Railway Co., as well as the Third Avenue Railroad Co. In looking over the papers, I see that the verification of my letter of the 17th refers to me as assistant to the receiver of the Third Avenue R. R. I presume it was on this technicality that the order applies only to said road. I therefore hand you here- with a verified request for a similar extension of time for filing the annual reports of the other three roads. Yours truly, Assistant to Receiver. Travis H. Whitney, Esq., Secretary, New York, August 21st, 1909. Public Service Commission, , 154 Nassau St., City. Dear Sir: — I refer to my letter of August 12th, asking an extension of time for filing the annual re- ports from September 30th to October 15th, and your reply thereto of August 14th. In response to a verified application of the 17th inst., an extension was granted as to the Third Avenue Railroad Co., but no mention was made of the other companies. I hereby renew said application as to the 42nd Street, Manhattanville & St. Nicholas Ave. Ry. Co., Dry Dock, East Broadway & Battery R. R. Co., and Union Railway Co., in accordance with Rule 25 of the P. S. C. I St. We are working on these reports now. 2nd. At this season of the year, some of our clerks are on their vacation. The work of preparing the new monthly report to September 15th, which was new and unexpected, interferes with other work. 3rd. Mr. Whitridge, Receiver, is desirous of examining these reports. 4th. The period of time, for which the extension is asked, is from September 30th to October 15th. I desire the extensions to apply both to the receiver's reports and to the reports of the companies. Yours truly. Assistant to Receiver. 342 Third Avenue Railroad Company, New York, August 23, 1909. R. W. Kelley, Esq., Assistant to Receiver, 130th St. & 3rd Avenue, New York City. Dear Sir: I am in receipt of your communication of the 21st inst., containing an application for extension of time to October 15th for filing the annual report of the following companies : Dry Dock, East Broadway & Battery Railroad Co. 42nd St., Manhattanville & St Nicholas Ave. Ry. Co. Union Railway Co. The most substantial ground for making the application, viz., the absence of the Receiver from this country, is not stated in the application, but may be inferred from your third paragraph. Permit me to point out in reference to the second paragraph that the amount of work involved in preparing the new monthly report is inconsiderable if the accounts are kept strictly in conformity with the Commission's Accounting Order. Very truly yours, TRAVIS H. WHITNEY, AFW/LER Secretary. Frederick W. Whitridge, Esq., New York, August 27, 1909. Receiver, Union Railway Company, 130th Street and 3d Avenue, New York City, N. Y. Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 11 18, adopted by this Commission at its meeting to-day, extending to October 15, 1909, the time of the Union Railway Company et al. for filing the annual report to be filed by street and electric railroad corporations, In connection with your acknowledgment hereof, I beg to call your attention to the provisions of section 23 of the Public Service Commissions Law. Very truly yours, JHG/JCG TRAVIS H. WHITNEY, Secretarj'. TRIBUNE BUILDING, 154 Nassau Street, BOROUGH OF MANHATTAN, CITY OF NEW YORK. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Form of annual Report to be filed by STREET AND ELECI^RIC RAILROAD CORPORATIONS within the jurisdiction of the Public Service Commission for the First District, in accordance with Section 46 of the Public Service Commis- sions Law. Case No. 11 18. Extension Order. Dry Dock. East Broadway and Bat- tery Railroad Com- pany, 42nd Street, Manhattanville and St. Nicholas Ave- nue Railway Com- pany. Union Railway Company. An Order having been duly made herein on June 18, 1909, approving and prescribing the form of annual report to be filed by Street and Electric Railroad Corporations within the jurisdiction of the 343 Public Service Commission for the First District, and application having been made in behalf of the Receiver of the Dry Dock, East Broadway and Battery Railroad Company, the 42nd Street, Manhattan- ville and St. Nicholas Avenue Railway Company and the Union Railway Company for an extension of time within which to file said report, and reasonable ground appearing therefor. It is ORDERED: That the time of the Dry Dock, East Broadway and Battery Railroad Company, and Frederick W. Whitridge, its receiver, the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company, and Frederick W. Whitridge, its receiver, and the Union Railway Company, and Frederick W. Whitridge, its receiver for filing said annual report be, and the same hereby is, extended from September 30, 1909, to October 15, 1909. Travis H. Whitney, Esq., New York, August 30th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I beg leave to acknowledge and thank you for your three favors of the 27th instant enclos- ing Order in Case qi^iiiS and extending the time for filing the annual reports of the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company and the Receiver of said Road, the Dry Dock, East Broadway & Battery Railroad Company and the Receiver of said Road, and the Union Railway Company and the Receiver of said Road, to October 15th. Yours truly, Assistant to Receiver. R. W. Kelley, Esq., August 27, 1909. Assistant to the Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: Under date of August nth, Mr. J. O. Foote, 299 Broadway, communicated to this Commission his dissatisfaction with your answer to his complaint of July 30th, regarding the service furnished at the 134th Street ferry. He stated that a copy of the letter to the Commission was forwarded to you. Since that date an investigation has been made, the result of which shows considerable ground for the complaint made by Mr. Foote. It appears that it does frequently happen that a large number of passengers arriving on the ferry are compelled to wait a long time or walk to 138th Street to get a car. It is undoubtedly exasperating under such circumstances to see an empty car depart. The obser- vations showed that all cars carrying passengers to 138th Street and Locust Avenue were sent through to 134th Street, the ferry landing. Cars were also sent through to the ferry landing when the time of their arrival at 138th Street approximated the scheduled time for the arrival of the ferry boat. It is evident that it would not be practicable at all times to hold the cars for the boat, as boats do not invariably arrive on time. It was noticed, however, that cars operating from 134th Street stood in front of the car barns for one to three minutes. It seems as if arrangements might be made to instruct the conductors of cars going to the ferry as to the length of time that they should stand at the ferry landing and make such time equivalent to the stand time at the barns so that they would be able to depart from the barns on schedule time as they now do. The object of this suggestion is that all stand-time possible, at about the period that boats are expected, be taken at the ferry in order that passengers upon arriving there may be assured of connection. Please inform the Commission not later than September 7th as to what you are able to accomplish in the direction indicated. Yours very truly GFD/CWT TRAVIS H. WHITNEY, C-3683 Secretary. 344 New York, August 31st, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your letter of the 27th instant in respect to the complaint of Mr. J. O. Foote re- garding the service on the 138th Street Line. I hand you herewith a memorandum of the Gen- eral Manager, Mr. E. A. Maher, which I think explains the situation, and I trust you will find same satisfactory. Yours truly, Enclosure: i Assistant to Receiver. August 30th, 1909. MEMORANDUM. Replying to Mr. Whitney's letter of August 27th, regarding the service on our 138th Street Line, in connection with the operation of cars to the 134th Street Ferry, we desire to state that it is true that all cars carrying passengers desiring to take the 134th Street Ferry are brought to the terminus of the Line at 134th Street and Locust Avenue, as passengers remaining in the cars when they reach 138th Street and Locust Avenue have reached a point only a few feet from the terminal, and our conductors naturally conclude that they desire to go Southerly on Locust Avenue and cars are sent through to 134th Street. It is also true that cars sometimes stop in front of the Car House, bound in a westerly direction; but that is only in cases of irregular headways, caused by blocks, bridge openings, etc., and in order to fill up and maintain our regular headway so as to comply with the schedule approved by the Public Service Commission, it is necessary for us at times to switch cars back from the car house so as to make up for the time caused by the delays above mentioned; but this is only done when there is a car at some point on the line between the car house and the terminal, a distance of about 1,000 feet straight away. We have but a single track on Locust Avenue, and the distance from 138th to 134th Street is about 1,200 feet. If we should be compelled to operate more cars than we now operate to the terminal at 134th Street, it would very naturally interfere with our regular headway upon our 138th Street Line, which, as the Commission well knows, is one of the most important lines we have, 'and by all means our principal crosstown line. The statement made in Mr. Foote's previous letter, as to the headway upon which the boats are operated, is not in accordance with their time table, and which we have had verified by the representatives of the Ferry Company. As we are carrying upwards of 20,000 people daily upon our 138th Street Line, of which number only a small percentage use the Ferry in question, it would appear to us that the in- terests of the greater number should be served, and that we should not be compelled to change our present service, or to endeavor to operate cars running upon a very short headway in con- nection with a Ferry service, the trips of which are uncertain, and are frequently and neces- sarily delayed and interfered with by other river traffic. 345 Any change we might be called upon by the Commission to make, along the lines suggested by its letter, would not improve the service, but would be impracticable and unsatisfactory, and it would be impossible to maintain our present schedule, which appears to be entirely satis- factory to a very great majority of our patrons using the line in question. New York, August 28, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: Frequent complaint is made to the Commission that the service on the Kingsbridge line is irregular and insufficient. Investigations made by our inspectors indicate that those complaints are mainly due to the interfer- ences with the regular schedules caused by the unusual demands for service by the baseball crowds. On August loth and nth observations made showed that the irregularities caused by switching and storing cars from i66th Street to 170th Street, threw the regular schedules out, to the extent of delaying cars in some instances, 6 to 8 minutes. The normal running time between Third Avenue and Kingsbridge of 38 minutes was stretched out in two instances to 50 minutes and in the case of 8 other cars, from 40 to 48 minutes. It seems that the public is justified in complaining that the service is not adequate and reasonable during these periods. It appears also that without a siding or some storage track at or near the ball grounds it must be impossible to maintain anything like a regular headway. It would seem from some correspondence had heretofore on the subject of service generally on the Kingsbridge line that you had had in mind some plan for overcoming the difficulty, possibly the installation of a side track for storage purposes. Will you please inform the Commission as promptly as possible whether you have made any arrange- ments or have any plans in view for laying a side track at the point in question. Yours very truly, GFD/CWT. TRAVIS H. WHITNEY, C-3744. Secretary. Travis H. Whitney, Esq., New York, August 31st, 1909. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Regarding the complaints as to the service on the Kingsbridge Line, in which it is claimed that it is irregular and insufficient, we desire to state that the irregularity at times is due to circumstances over which we have no control, on account of the conditions prevailing. As you are aware, during the ball games, in order for us to conveniently and properly take care of our patrons who desire to visit these games, it became necessary for us to make some changes in connection with the operation of cars, whereby we could take care of the public after the games were over, and in order to do so we located a turnout, or cross-over, between 173rd and 174th Streets, for the storage of special cars. The games usually start about 4 :oo P. M., and at about 5 :oo o'clock we begin "to store cars on the Northerly tracks from 162nd Street to 174th Street, and until the games are over we use the Southerly track between these points for the regular car service, which at that time of day, 346 cars are run upon a seven minute headway, and in view of this headway the delays to the regular cars should not be more than one to one and a half minutes each way. If we did not continue during the ball game this character of service, it would mean that we should be compelled to run our special cars to the end of the line at 225th Street, and attempt to guess when they should return so as to reach the ball grounds in time to accommo- date our patrons after the games are over. It is impossible to say just when these games will conclude, as the time varies daily, and if we should keep our cars upon the Southerly track, and have them in front of the ball grounds, it would mean that our regular service would be entirely blocked until such times as the games were over and the crowds taken care of. Therefore, we have adopted what we regard as the most feasible and practical plan in storing cars within sight of the ball grounds, and where we can readily tell when it will be necessary to have them ready to take the people away. We appreciate that there is some delay to our regular Kingsbridge service on days when ball games are under way; owing to the number of cars required for that special service, and we use every effort to get the crowd away as rapidly as possible, so as to make the delays as few and as short as we can; but under the circumstances it is impossible for us to do better than we are doing. Upon the occasion of very important ball games, we have a number of special Inspectors and Starters upon the ground for the purpose of seeing to it that the cars are filled and sent away promptly. We should be very much pleased to improve the conditions if it were possible to do so ; but we do not know what more can be done, than we are already endeavoring to do in the direction of good service. Yours very truly, Assistant to Receiver. New York, September 4th, 1909. Frederick W. Whitridge, Esq., Receiver, 3rd Ave. R. R. Co., 130th Street and Third Avenue, New York City, N. Y. Dear Sir : Transmitted herewith and hereby served upon you is a certified copy of an Order in Case No. 1142, adopted by this Commission at its meeting on August 27, 1909, together with copies of the forms therein mentioned, relating to the giving of notice of accidents. Also enclosed herewith are two copies of a form of acknowledgment of the Order, one of which is to be properly filled out, signed and returned to this office, in accordance with section 23 of the Public Service Commissions Law, and the other may be retained for your files. Yours truly, JHG/JCG TRAVIS H. WHITNEY, Enc. r Secretary. 347 Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. IN THE MATTER of the Notice of Accidents to be given by every Common Carrier, Railroad Corporation) Case No. 1142. and Street Railroad Corporation subject to the jurisdiction of the Public Service [ i'lhng Order. Commission of the State of New York for the First District, and the Investiga- tion of Accidents. ORDERED: That every railroad corporation, street railroad corporation and other common carrier over which this Commission has jurisdiction, is hereby required to give notice to this Commission of every accident or delay to traffic happening upon any line or route, owned, operated or leased by it, in the fol- lowing manner: I. Preliminary notice of the place and general nature of the accident or delay shall be given by tele- phone immediately after its happening, or, if happening after 11:00 o'clock P. M., then at 8:00 o'clock A. M. the following day. II. Such notice shall be followed by a written report upon each accident or delay coming within any one of the following four classes : (i) Accident resulting in death or serious injury to persons: (2) Collision resulting in serious damage to equipment or to vehicles; (3) Derailment of elevated or subway trains, or of any railroad train, car or engine; (4) Any interference with, or stoppage of, traffic upon any track or route resulting in a delay of fifteen minutes or over, but without accident in conjunction therewith which would fall in one of the three prior classes. Any accident coming within classes (l), (2) or (3) shall be reported in the form of a written statement on Form T-20, attached to and hereby made a part of this order. Any delay coming within class (4) shall be reported as a written statement on Form T-21, at- tached to, and hereby made a part of this order. Such written reports must be delivered to the Commission as soon as possible, and within not more than three days after the happening of the accident or delay. III. A monthly statement shall be made to the Commission on Form T-22, attached to and hereby made a part of this order, by every common carrier, of all accidents and delays occurring upon any line or route owned, operated, controlled or leased by any such common carrier. This statement shall consist of a classification, according to their nature, of all accidents and delays, including those reported by telephone, and shall be forwarded to the Public Service Commission on or be- fore the tenth day of the following month. This statement is to be made monthly, even if no ac- cidents or delays have occurred, in which case a proper entry should be written across the face of the blank form. IV. Inspectors of this Commission, with cards of identification signed by the Secretary of the Commis- sion, shall be permitted at any time to enter upon the premises of any such common carrier for the purpose of examining any car or equipment. V. The particulars of any accident, derailment, or delay to traffic shall, upon request, be furnished immediately by any such common carrier, although not considered "serious," and therefore not re- ported by the company. This order is to take effect forthwith, and shall continue in effect until the further Order of the Com- mission. 348 New York, Sept. 9, 1909. PUBLIC SERVICE COMMISSION For the First District. Sirs: F. W. Whitridge, Rec'r., Forty-second St., Manhattanville & St. Nicholas Ave. Ry., the undersigned" hereby notifies you that the undersigned has received a certified copy of the order in Case No. 1142, made by you on August 27, 1909, together with the forms therein men- tioned, relating to the notice of accidents to be given. R. W. KELLEY, Asst. to Recr. New York, Sept. 9, ■ 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I beg leave to acknowledge receipt of your four favors of the 4th instant transmitting a certified copy of order in case No. 1142, as applied to the four properties of which Mr. Whit- ridge is the Receiver. I have given instructions that the terms of the Order be complied with so far as it can be reasonably done. I enclose acknowledgments in due form. Yours truly, Assistant to Receiver. New York, Sept. 9, 1909. MEMORANDUM : Four copies of Order 1^1142 acknowledged September 9th, addressed to F. W. Whitridge as Receiver of the Third Avenue Railroad Company, 42nd Street, Manhattanville & St. Nich- olas Avenue Railway Company, Dry Dock, East Broadway and Battery Railroad Company, and Union Railway Company. One copy with papers attached filed in Mr. Whitridge's file. The others were handed to Mr. Maher for appropriate action as to its observance on the four roads. New York, September 9, 1909. Third Avenue Railroad Co., Union Ry. Co., New York City. Dear Sir : Permit me to call your attention to the filing order in Case No. 1137 requiring the monthly report of street railway corporations to be filed with the Commission within six weeks after the close of the month. The last day of the period allowed for filing the July report is the nth inst. and corporations not filing such report on or before the nth will be in default, unless an extension of time for cause duly sworn has been previously obtained from the Commission in accordance with Rule XXVI. Very truly yours, TRAVIS H. WHITNEY, AFW/LER Secretary. 349 Travis H. Whitney, Esq., New York, September lo, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your favors of the 9th instant in regard to the monthly report of the four railroads covered by the Receivership of Mr. Whitridge. Our counsel, Mr. Bickford, has taken up this matter and, as I understand it, has arranged for an extension of time for filing these reports. I have not yet received formal notice of this extension, but I presume it is all right. Yours truly. Assistant to Receiver. Travis H. Whitney, Esq., New York, September 21, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Replying to your favor of the 9th instant regarding complaint of the Edgar Construction Company, 2 West 88th Street, in the matter of noise near building, 1 1 1 Manhattan Street, I am advised that the noise here is occasioned by the condition of the rails. I think you must be aware that we are working day and night to put these rails in the best condition that we can under the circumstances. Pending reorganization and the securing of money for the purpose, we cannot put in new rails. Yours truly. Assistant to Receiver. Edgar Construction Company, New York, September 21, 1909. 2 West 88th Street, New York City. Dear Sirs: I enclose copy of my letter to the Public Service Commission in answer to your complaint. Yours truly. Enclosure: Assistant to Receiver. R. W. Kelley, Esq., New York, September 23rd, 1909. Asst. to the Receiver, 3rd Ave. R. R. Co., 130th St. & Third Ave., City. Dear Sir: Referring to the complaint of the Edgar Construction Co., the Commission find that their complaint is well grounded, and that you should give some attention to the repairs and maintenance of your track at III Manhattan St. as soon as possible. A large portion of this noise can be removed by doing work on your track which is entirely a main- tenance charge. 350 Please advise the Commission when you will be able to make such repairs at this point as will remove the cause of the complaint. Very truly yours, EGC/LEK TRAVIS H. WHITNEY, Secretary. September 27th, 1909. Re: PUBLIC SERVICE COMMISSION TRACK COMPLAINT AT in MANHATTAN ST. Mr. E. A. Mahler, General Manager. Dear Sir: I am returning herewith letter to Mr. Kelley from the Public Service Commission, dated Septem- ber 23rd. I examined the track at $111 Manhattan Street this morning and find that there is one very bad joint and several that are not in good condition. The track is also very badly corrugated. I will arrange to shift our track filing gang at this location, and after this week when the Hudson- Fulton Celebration is completed, we will put a gang at this location repairing joints. Yours very truly, E. M. T. RYDER. Engineer Maint. of Way. Travis H. Whitney, Esq., New York, September 28, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have your favor of the 23rd instant in the matter of the complaint of the Edgar Con- struction Company as to condition of track near iii Manhattan Street. During the Hudson- Fulton Celebration we are bending all our energies to the handling of the traffic. As soon as this is over we will have a gang of men repair the track at the above point. Yours truly, Assistant to Receiver. TRIBUNE BUILDING, 154 Nassau Street, BOROUGH OF MANHATTAN, CITY OF NEW YORK. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of Monthly Reports of Street Railway Operations. ^Case No. 1137. Extension Order. Application in writing having been made in behalf of the hereinafter named companies for an extension of the time to file the report hereinafter described, it is 351 ORDERED: That the time of the Third Avenue Railroad Company, and Frederick W. Whitridge, its Receiver; the Dry Dock, East Broadway and Battery Railroad Company and Frederick W. Whitridge, its Receiver; the Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Company and Frederick W. Whitridge, its Receiver; the Union Railway Company and Frederick W. Whitridge, its Receiver; and the Kingsbridge Railway Company for filing the statements of operating expenses and income deductions of their respective reports of operations during the month of July, 1909, which reports are required to be filed by the Filing Order duly adopted in the above entitled matter on July 13, 1909, be, and the same hereby is, extended to October 10, 1909. New York, September 16, 1909. James N. Wallace, Esq., 54 Wall Street, New York City. Dear Sir : I enclosed herewith a set of papers relating to the proposed double decking of the Lexington Avenue Subway concerning which Mr. Butler of this office spoke to you yesterday. This set consists of a circular letter, form of consent and form of refusal. Very truly yours, HAB/LEN. • * LEROY T. HARKNESS, Enc. Assistant Counsel 54 Wall Street, Sept. 17th, 1909. F. W. Whitridge, Esq., Receiver, Third Avenue R. R. Co., 59 Wall Street, New York. Dear Sir : At Mr. Wallace's direction, I am enclosing herewith letter and pa'pers received from Mr. Le Roy T. Harkness, Assistant Counsel to Public Service Commission, re-proposed double decking Lexington Avenue Subway. Mr. Wallace has informed Mr. Harkness that the matter has been referred to you for consideration. Yours very truly, F. L. BABCOCK, Secretary. New York, September 21, 1909. Mr. F. L. Babcock, 54 Wall Street, New York City. Dear Sir: I beg leave to acknowledge your favor of the 17th instant with enclosures, in regard to the consent to double-decking Lexington Avenue Subway. I am not prepared to make any recommendation in regard to this, and I have advised the Commission that I shall have to let it rest for Mr. Whitridge's personal consideration. Yours truly, Assistant to Receiver. 352 Robert W. Kelley, Esq., New York, September i6, 1909. Assistant to the Receiver, Third Avenue Railroad Company, 130th Street and Third Avenue, New York City, N. Y. Dear Sir : In accordance with the suggestion you made to Mr. Butler of this office, who called on you Tuesday with regard to obtaining the consent of Mr. Whitridge, as Receiver of the Third Avenue Railroad Company, to the proposed double decking of the Lexington Avenue Subway, I had the matter taken up yesterday with Mr. James N. Wallace, Chairman of the Bondholders' Committee. Mr. Wallace stated that it would be impossible for the Committee to act upon the matter until you had formally laid the matter before them for action and had made a recommendation to them as to whether the consent should be granted or withheld. As soon as that is done, he will call a meeting of the Com- mittee and act upon the matter at once. As the Commission is now nearly ready to advertise the road for bids, but cannot do so until the matter of consents is finally determined, I should appreciate your courtesy in taking up this matter with Mr. Wallace as soon as you conveniently can. I enclose herewith for your use a set of the papers which were sent to the property owners aflFected by the double decking, consisting of (i) Circular letter. (2) Form of consent. (3) Form of refusal. (4) Stamped return envelope. Very truly yours, HAB/LEN. LEROY T. HARKNESS, Enc. Assistant Counsel. Leroy T. Harkness, Esq., New York, September 21, 1909. Assistant Counsel, Public Service Commission, 154 Nassau Street, City. . Dear Sir: Replying to your favor of the i6th instant, I spoke of this matter to Mr. Whitridge, as the papers came just as he was leaving and he did not express any opinion on it, other than to refer it to the Bondholders' Committee. I do not know what his attitude in the matter will be and I do not want to decline to make the recommendation you desire. I think, therefore, I shall have to let this matter rest for the personal attention of Mr. Whit- ridge himself upon his return early in October. I suppose the consent of the owners of this particular piece of property, makes no great difference one way or the other. Yours truly, Assistant to Receiver. Mr. Frederick W. Whitridge, New York, September 30th, '09. Receiver, Dry Dock & E. B'way Ry. Co., 65th Street & 3rd Avenue, New York City. Dear Sir:— The Commission now receives from the Brooklyn Rapid Transit and the Receivers of the Metro- politan Street Railroad Companies a daily statement of trips operated across the Brooklyn and Williams- burg Bridges during the 24 hours by hours. In these statements all of the lines traversing the Bridges 353 are covered, except the Grand Street and Post Office lines operated by the Dry Dock and East Broadway Railroad Company. Will you please furnish the Commission daily with a similar statement covering the operation of these two lines? Very truly yours, TRAVIS H. WHITNEY, DLT/AJC. Secretary. Travis H. Whitney, Esq., New York, October 4th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 30th ultimo, asking if I will furnish the Commission daily with state- ments of the trips operated across the Brooklyn and Williamsburg Bridges, of the two lines controlled by the Dry Dock, East Broadway and Battery Railroad. I shall be happy to furnish you those statements. I find, however, that my Auditor's Department is very much behindhand and in some con- fusion over the preparation of the monthly and quarterly reports. The monthly reports re- quired by your Commission are too onerous for my force as at present constituted, and if the Commission are not likely to change their rules in that respect, I have told the Auditor this morning that we must employ additional assistance, and until I am able to find one or two satisfactory men I may be a little delayed about these matters. , ~- Yours truly, 934 ' . Receiver. John Wimmer, 661 Jefferson Place, Bronx. The Public Service Commission, City of New York. Gentlemen : I beg to complain to you of a very silly and dangerous performance constantly enacted by the em- ployees of the Union Railway Co. at the circle at Third Avenue Bridge. A car reaches the circle loaded with passengers. The motorman habitually refuses to open the front gates to either let on or let off passengers. The result is that by the time the car is emptied the starter blows his whistle for that car to go ahead. The people that want to get on are in a wild scramble to board the car and the starter blows his whistle again and upbraids the conductor for not starting when he got the first signal. In desperation the conductor pulls the bell while passengers are struggling to get aboard and the result needs no descrip- tion. It is only a matter of time when this performance will lead up to disaster. I have seen this thing repeatedly. On some occasions I have seen women separated from their children, some on and some off, the conductor stopping half a block from the circle to put them off again. On other occasions I have seen persons actually fall as a result. On another occasion when a car came down unusually loaded it took so long to empty that the starter had blown twice for it to start again. Persons were hustled off in a shameful manner and the excited conductor started his car without taking a passenger aboard. This evening the same thing happened again on a West Farms car. The car was started when I had placed one foot on the platform and persons behind me did not have any chance to get aboard. If the company were compelled to open the front gates of the car so that persons could enter or leave by both gates the matter would be remedied, but they refuse to do so. If you will detail some one to watch those cars, especially during rush hours, you will find that I have not exaggerated my complaint. Very respectfully, (Signed) J. WIMMER. 354 Travis H. Whitney, Esq., New York, October 8th, 1909. Secretary, PubHc Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 4th instant enclosing complaint of J. Wimmer and in reply thereto I beg to submit herewith a memorandum from our General Manager in respect to the same. In addition thereto, I may say that I am advised that the practice of having the cars open at both ends was tried, but was discontinued some years ago in consequence of the frequency of the accidents which occurred through having the crush at times of congestion at both ends of the car instead of one. That practice was then abandoned for the present one. It is very rare that there is any great congestion at this point, and I should think that Mr. Wimmer's account of what he saw was rather highly colored, and that it is of interest to note that during the crush of the Celebration week, which has never been exceeded, there was not a single accident at this point. Yours truly, Receiver. MEMORANDUM. Regarding the complaint of John Wimmer of 661 Jefferson Place, made to the Public Service Com- mission, as to the methods adopted for the transportation of passengers at the terminus of the Union Rail- way tracks, at 128th Street and Third Avenue, we desire to state that the present method has been in operation for a number of years, and is regarded as the safest and best means for permitting passengers to board and alight from our cars. If we should permit the Motormen to open the front gates, it would leave passengers upon that end of the car without protection, and would cause confusion and possibly accidents. It has been our rule not to permit passengers to board or alight from the Motorman's end of car, and our exnerience is that this practice means less accidents, and less opportunities for them. The terminus at 128th Street is a very important and busy one, and at times passengers attempt to board cars before those wishing to alight have had an opportunity of doing so, and which results in con- fusion ; but if we should allow passengers to board from both ends of the car, and those on the car to alight at the same time, the result would mean unsatisfactory service and numerous accidents. The present method of operation has been one of careful study upon the part of the Company's offi- cials, and to change it would not improve the service and would increase the danger of operation. E. A. M. J. Wimmer, Esq., New York, October 8, 1909. 661 Jefferson Place, Bronx. Dear Sir: I send you herewith a copy of my answer to the Public Service Commission in respect to your recent complaint to them. Yours truly, Enclosures: Receiver. 355 Mr. F. W. Whitridge, N. Y. C, Oct. 8th, 1909. Receiver, 130th St. & 3rd Ave., New York City. Dear Sir: — In reference to my complaint about the poor method of handling passengers at Third Avenue Bridge, by the Union Railway, I beg to say that depending on the reports of others you cannot get the real facts. Motormen and Conductors are not reliable sources of information in matters of this particular kind. I have seen exactly what I described, and when the car was started on me with one foot on the step and a number of persons behind me trying to get on I remonstrated with the conductor and all he would say was that he got the whistle to start. By your unfair characterization of my complaint as a "highly colored statement" you have only com- pelled me to fortify myself with witnesses to the next occurrence of this kind. I know that I shall be able to prove my statement through them, for according to your decision to do nothing further in refer- ence to it, it is going to occur again, and when it does you shall know it. Yours very truly, J. WIMMER. Mr. J. Wimmer, New York, October 9th, 1909. 661 Jefferson Place, Bronx. My dear Sir: I have yours of the 8th instant. I do not wish to be unfair in any way, and I have no doubt that there are times when there is inconvenience in loading and unloading the cars in the plaza opposite this office. I feel tolerably confident that the accidents are fewer under the present rule than they were before it was changed. I do not, at least, dispute any statements which you may make, and I shall be glad of your assistance in considering the matter at any length and at any time, but, on the other hand, I think you ought to consider that our experience at the time the cars were operated as I understand you now wish them to be operated, is of some value. If you should happen to be investigating the thing some morning, won't you come in and see me? I shall be glad to talk with you. Yours very truly, Receiver. Mr. R. W. Kelley, New York, October 5, 1909. Assistant to the Receiver, Third Avenue R. R. Co., New York City. Dear Sir: Will you please grant a permit to Mr. Dodd, one of our Electrical Engineers, to enter your sub-station to read the ammeters on the Metropolitan feeders supplying Williamsburg Bridge during the rush hour in the evening on some day to be determined later. Very truly yours, EGC/OH TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, October 7, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have your letter of the 5th addressed to Mr. Kelley, asking if we will grant a permit to Mr. Dodd, to read the ammeters on the Metropolitan Feeders supplying the Williamsburg 356 Bridge during the rush hour in the evening on some day to be determined later. I shall be very happy to grant the permit for whatever day you may determine, if you will inform we what it is. Yours truly, Receiver. Frederick W. Whitridge, Esq., New York, October 6, 1909. Receiver, Union Railway Company, 204 East 128th Street, New York City, N. Y. Dear Sir : — Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 1168, adopted by this Commission at its meeting on October i, 1909, directing a hearing as to the cause of an accident on the street railroad of the Union Railway Company at or near 167th Street and Sedgwick Avenue. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of sec- tion 23 of the Public Service Commissions Law. Very truly yours, JHG/JCG TRAVIS H. WHITNEY, Enc. , Secretary. * STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Investigation of the Commission as to the cause of the accident on the street \ Hearing Order railroad of the UNION RAILWAY COMPANY at or near 167th Street and ' Sedgwick Avenue, in the City of New York, Borough of The Bronx, on Sep- tember 21, 1909, which resulted in the death of one James Reynolds. The Commission being of opinion that the cause of the accident on the street railroad of the Union Railway Company at or near 167th Street and Sedgwick Avenue, in the City of New York, Borough of The Bronx, on September 21, 1909, which resulted in the death of one James Reynolds, requires in- vestigation, it is ORDERED : That for the purpose of said investigation a hearing be had on the 8th day of October, 1909, at 2:30 o'clock in the afternoon or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Borough of Manhattan, City of New York, and that the Union Railway Company and Frederick W. Whitridge, its receiver, be given at least one day's notice of said hearing by service either personally or by mail of a certified copy of this order and that at said hearing said company and said receiver be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the cause of said accident. Travis H. Whitney, Esq., New York, October 8th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : Referring to the correspondence with Mr. Harkness during my absence, in respect to consent to the construction of the Lexington Avenue Subway, I return to you herewith the forms and have to say that if you will fill out the form of consent exactly as you wish me to sign it, I shall be happy to execute it. Yours truly, Enclosures: Receiver. .357 New York, October ii, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: I desire to acknowledge the receipt of your letter of October 8th, addressed to Mr. Whitney, Secre- tary to the Commission, referring to the correspondence with Mr. Harkness during your absence in re- spect to the Lexington Avenue Subway, and stating that if we would fill out the form of consent to the proposed double-decking of this subway you would be kind enough to execute it. Accordingly, I enoiose herewith a form of consent filled out as you suggest. I also enclose a copy of this consent for your files and return the circular letter explaining the nature of the modification. I desire to state for your information that the Commission, having failed to obtain the required number of property owners' consents to the double-deck plan, on October 8th instituted a proceeding in the Supreme Court, Appellate Division, First Department, for the appointment of three commissioners to determine and report whether certain portions of the Lexington Avenue Subway should not be constructed as a double-deck structure. The report of these commissioners, if in favor of the double-deck plan, when confirmed by the Court, will be taken in lieu of the property owners' consents. Very truly yours, HAB/WEH. H. A. BUTLER, Enc. • Assistant Counsel. New York, October 13th, 1909. H. A. Butler, Esq., Assistant Counsel, Public Service Commission, 154 Nassau St., City. My dear Sir: I have yours of the nth and return herewith the consent, which you were good enough to send me, duly executed. Yours truly, Enclosure : Receiver. TO THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT: Refering to the modification of the general plan of construction of the proposed Lexington Avenue Rapid Transit Railroad which was adopted by the Public Service Commission for the First District by resolutions of May 21, 1909; and referring also to the maps and drawings adopted by the Public Service Commission for the First District as showing the modification of the said general plan, which modification of such general plan, maps and drawings were thereafter transmitted by the Public Service Commission for the First District to the Board of Estimate and Apportionment of The City of New York, and were on the 4th day of June, 1909, duly approved by the said last named Board, and were on the 8th day of June, 1909, duly approved by the Mayor of The City of New York, copies of which modification of the general plan, maps and drawings are on file in the offices of the Public Service Commission for the First District and the Board of Estimate and Apportionment; Now I, the undersigned, Frederick W. Whitridge, as Receiver of the property of The Third Avenue Railroad Company, mortgaged and pledged under its First Consolidated Mortgage, dated May 15, 1900, being the owner of property bounded on that portion of the street and highway under which it is proposed to construct and to operate the modified part of such railroad in .accordance with the modification of such general plan in the Borough of Manhattan, the City of New York, known as Section 6, Lot Number 20, Block Number 1778, on the Block Map of Taxes and Assessments in said Borough in the year 1908, do hereby consent to the construction and operation of such Rapid Transit Railroad in accordance with such modification. 3S8 But it is hereby expressly understood and agreed that this consent is given upon the express condition that it shall not be construed to affect whatever legal right the undersigned, or the legal representatives or assigns of the undersigned may have to recover compensation from The City of New York, or from any other corporation or person, for any damage which may accrue by reason of the construction, main- tenance or operation of said railroad in front of the above-described property, the right to and extent of such compensation and the enforcement of any claim therefor being wholly unaffected by this instrument. Dated, the 13th day of October, 1909. [L. S.] [L. S.] as Receiver of the property of The Third Avenue Railroad Company, mortgaged and pledged under its First Consolidated Mortgage, dated May 15, 1900. Frederick W. Whitridge, Esq., New York, October 14, 1909. Receiver, Third Avenue Railroad Company, 130th Street and Third Avenue, New York City. Dear Sir: I desire to acknowledge with thanks the receipt of your letter of October 12 enclosing your consent as Receiver to the proposed double decking of the Lexington Avenue Subway. Very truly yours, H. A. BUTLER. Assistant Counsel. October 7, 1909. Wm. R. Willcox, Esq., Chairman, 699 Jackson Ave., N. Y, Public Service Commission, 154 Nassau Street, N. Y. Dear Sir: I desire to draw your attention to an apparent rule of the Union Railway Company, on their cross- town branch at 138th Street, running East, as follows : — When paying fare, if the conductor is requested to deliver a transfer, he ignores the request and if pressed for a transfer at the time of paying fare he refuses to hand one to you until every fare in the car is collected or until they reach a certain point on the road, a thing which causes disputes, arguments and also congestion. I will cite one especial instance of this kind : — On car arriving at Third Avenue and 138th Street at 6 P. M., Sept 24, Conductor #443, I had the unpleasant experience of being denied a transfer at the time of paying the fare, although I in- sisted upon same, and I did not receive the transfer until I left the car at 138th Street and Third Ave- nue, although I entered the car at 135th Street and Eight Avenue. There are a great many complaints re- garding this rule and I submit my complaint to you for the consideration of your honorable Board. Trusting to hear from you in this matter, I am. Very truly yours, (Signed) EDWARD A. BAER. Travis H. Whitney, Esq., New York, October 9th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 8th instant enclosing complaint of Edward A. Baer. The occurrences which he relates as having occurred on the crosstown branch of the Union Railway at 138th Street, are in flat violation of the rules of the Company. I will see that the conductor who is said to have been guilty in this particular case is properly reprimanded. Yours truly, Receiver. 359 Edward A. Baer, Esq., New York, October 9th, 1909. 699 Jackson Avenue, New York City. Dear Sir: The Public Service Commission has forwarded to me your complaint of October 7th and I send you herewith copy of my reply thereto. Yours truly. Enclosure : • . Receiver. Frederick W. Whitridge, Esq., New York, October ii, 1909. Receiver Union Railway Co., Third Avenue and 130th Street, New York City. Dear Sir: Will you please inform the Commission whether a copy of your answer, dated October 9th, to the complaint of Edward A. Baer, was furnished to the complainant. Yours very truly, GFD/CWT TRAVIS H. WHITNEY, C-3824 Secretary. Travis H. Whitney, Ksq., New York, October 12th, 1909. Secretary, Public Service Commission, New York City. Dear Sir: I have your letter of the nth. A copy of my reply to the complaint of Edward A. Baer was mailed to the complainant on the 9th instant. Yours truly. Receiver. Frederick W. Whitridge, Esq., New York, October 13, 1909. Receiver, Union Railway Co., Third Avenue and 130th Street, New York City. Dear Sir: For your information I quote a communication from Edward A. Baer with reference to his com- plaint of October 7th. "699 Jackson Ave., "Oct II, 1909. "Mr. Wm. R. Willcox, Chairman, "Public Service Commission, "154 Nassau Street, N. Y. "Dear Sir: "I am in receipt of your reply to my communication to you of Oct. 7, regarding the issuing of trans- fers on the 138th Street crosstown branch of the Union Railway Company; also in receipt of a copy of the Union Railway Company's reply to you regarding this matter. I desire to say that the reply of the Union 360 Railway Company is, according to the actions of every conductor on that road, not consistent. The reason I cited this one conductor's case was simply as an example, not to make a complaint against any one individual, but if some one of your inspectors at any time will ride on that line during the rush hours in the evening, he will find that my report of the matter will be corroborated. "Very respectfully, "EDWARD A. BAER." GFD/CWT Yours very truly, C— 3824 TRAVIS H. WHITNEY, Secretary. New York, October 9, 1909. Mr. Frederick W. Whitridge, Receiver, 3rd Ave., R. R. Co., 130th St., and 3rd Ave., New York City. Dear Sir: Pursuant to your letter of October 7th, in which you state you will be glad to issue a permit to our Mr. Dodd which will allow him to read the ammeters on the Metropolitan feeders supplying the Williams- burgh Bridge during the rush hours, I would ask you to issue such permit for the evening of Wednesday, October 13th, during the rush hours, and for the morning of Thursday, October 14th, during the rush hours. I make this addition of the morning rush hour as we find that the information we desire was not ob- tainable alone in the evening. Thanking you for this courtesy, I am. Very truly yours, TRAVIS H. WHITNEY, Secretary. CWW/GES New York, October 12, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 9th and enclose herewith permit for Mr. Dodd as requested. Yours truly. Enclosure : Receiver, _ , . , , , New York, October 14, 1909. Frederick VV. Whitridge, Esq., Receiver, Third Avenue Railroad Co., Third Avenue and 130th Street, New York City. Dear Sir: Receipt is acknowledged with thanks of your letter of the 12th inst. transmitting permit for Mr. Dodd of this Commission. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. 361 Frederick W. Whitridge, Esq., New York, October 20, 1909. Receiver 3d Ave. R. R., Dry Dock, E- BVay and Battery R. R., Forty-second Street, Man. & St. Nich. Ave. Ry., Union Ry. Co., 130th Street and Third Avenue, New York City, N. Y. Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 11 70, adopted by this Commission at its meeting on October 13, 1909, directing a hearing in regard to the heat- ing and heating regulations with respect to cars carrying passengers operated in the City of New York. In cpnnection with your acknowledgment hereof, I beg to call your attention to the provisions of section 23 of the Public Service Commissions Law. Yours truly, TRAVIS H. WHITNEY, Secretary. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Improvements in > Case No tt7o*"^ the Service of the Interborough Rapid Transit Company; Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its Receivers ; Third Avenue Railroad Company and Frederick W. Whitridge, its Receiver. IT IS HEREBY ORDERED, that a hearing be had by and before the Public Service Commission for the First District, on the 25th day of October, 1909, at 2.30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Bor- ough of Manhattan, City of New York, State of New York, to inquire whether improvements ought rea- sonably to be made as regards heating and heating regulations with respect to all box cars operated in the City of New York by the Interborough Rapid Transit Company; Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its Receivers; Third Avenue Railroad Company and Fred- erick W. Whitridge, its Receiver. ELECTRIC CARS. Heating Regulations. 1. All closed cars (except horse cars) in service for the transportation of passengers between the 15th day of October and the 15th day of April, in each year, shall be equipped with suitable apparatus for heating by electricity. 2. All Companies shall, during the period above named, maintain in all closed cars in service for transporting passengers, an inside temperature of not less than 45, nor more than 65 degrees above zero (Fahrenheit), unless the Company is temporarily prevented irutn so doing by storm, accident or other controlling emergency for which it is not responsible and which fs not due to any negligence upon its part. 3. This order, in approved form, together with a thermometer indicating the temperature, shall be displayed conspicuously in each closed car. HORSE CARS. Heating Regulations. 1. All closed horse cars in service for the transportation of passengers between the isth day of Octo- ber and the 15th day of April, in each year, shall be equipped with suitable heating apparatus. 2. All Companies shall, during the period above named, maintain in all closed horse cars in service for transporting passengers, an inside temperature of not less than 45, nor more than 65 degrees above 362 zero (Fahrenheit), unless the Company is temporarily prevented from so doing by storm, accident or other controlling emergency for which it is not responsible and which is not due to any negligence upon its part. 3. This order, in approved form, together with a thermometer indicating the temperature, shall be dis- played conspicuously in each closed horse car, not nearer than within six feet of the heating apparatus, and it is further ORDERED, that each of said companies and said receivers be given at least three days' notice of such hearing by service upon each of them, personally or by mail, of a certified copy of this order, and that at such hearing each of said companies and said receivers be afforded all reasonable opportunity for pre- senting evidence and examining and cross-examining witnesses as to the matters aforesaid. New York, October 21, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, New York City. My Dear Sir: I acknowledge the receipt from you this morning of four certified copies of your order in case 1 1 70, directing a hearing in respect to maintaining an even temperature in the cars during the Winter, If you find a way to regulate this subject, I think it would be a boon if you would extend it to omnibus and steam car lines, office buildings, shops and private houses. Yours truly, Receiver. Mr. F. W. Whitridge, New York, October i8th, '09. Receiver, Dry Dock, East B'way & Battery R. R., 130th Street & 3rd Ave., New York City. Dear Sir: — The Commission desires to acknowledge the receipt, beginning Oct. 13th, '09, of your daily state- ment of trips operated across the Williamsburg Bridge during the 24 hours by hours, on the Grand St. & Post Office lines operated by the Dry Dock, East Broadway & Batterj' Railroad. Very truly yours, DLT/AJC TRAVIS H. WHITNEY, Secretary. New York, October 21, 1909. Frederick W. Whitridge, Esq., Receiver, 130th Street & Third Avenue, New York City. Dear Sir: An examination of your monthly reports for July and August shows that in certain particulars you are not keeping your accounts in conformity with the Commission's accounting order of December 8, 1908. No charge has been made for depreciation upon any of the roads in your hands, while taxes and interest are not shown in full. The accounting rules require that all accrued interest shall be charged to the prescribed accounts, and that a proper proportion of the taxes shall be charged each month. If there are valid reasons why such charges have not been made in the accounts (such as the order of a court), then that fact should be noted in an explanatory statement, which should state all the facts con- cerning such accrued liabilities as have not been booked. All of your reports require correction in respect of the foregoing matters. Very truly yours, AFW/ARB TRAVIS H. WHITNEY, Secretary. 3^3 New York, October 22, 1909, Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau St., City. My dear Sir: I have your letter of the 21st informing me that all of my reports require correction ii respect to certain matters mentioned therein. I do not quite understand what is referred to All of the interest paid by me and all of the taxes are shown in full properly proportioned in eac] monthly report. Of course, I do not keep any depreciation account, because I have no capita account, and it is obvious that there is no sense in keeping a depreciation account when all th money we can get from any source is being expended upon the property. It occurs to me that you may possibly refer to the unpaid franchise tax, but the Court and the railroads have been endeavoring for nine years to find out what that tax is, and I an not in position to apportion it or take any cognizance of it until I do so ascertain. I may mention however, for your information, that some months ago I made a proposition for the settlement o these taxes for all prior years and for the fixing of an amount for future years. On referenc to the Attorney General, the Honorable William N. Cohen was appointed by him to conside the matter, and he thought it necessary to obtain an opinion from the Court of Appeals upoi one point, which has now been rendered, and I hope within thirty days to carry that compromis through to pay air the back taxes through the issue of Receiver's certificates, and thereafter, o course, we will have a definite amount which can be charged pro rata each month. Yours truly, Receiver. New York, October 27, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 130th Street and Third Avenue, , New York City, Dear Sir: — Referring to your communication of the 22d regarding changes in your monthly reports, I have t say that it throws no additional light upon the situation. The Commission has not put in doubt you assertion that all the interest and taxes paid by you have been entered upon your books and duly reflecte in the reports. But the accounting rules prescribed by the Commission require something more than th mere record of cash receipts and disbursements that you keep for the court. Your accountants probabl; know perfectly well that the Commission's rules require the booking of expenses and obligations as the are incurred, quite irrespective of the time of cash payment. More specifically: Your reports purport to give the net income for the month, which they fail to d by reason of the omission of certain charges mentioned in my letter of the 21st. "Net income" has a definit meaning in business and accounting practice, and reference may be made to the Commission's accountin; order (page 35), for definitions of elementary principles. If your accounts for a given month have no taken up that month's full proportion of taxes, interest, and similar compulsory deductions, then your sur plus revenue is not "net income," and a statement should be added which would properly describe it. Ii other words the report should show the exact facts. So far as the setting up of depreciation accounts is concerned, I call your attention again to the acqount ing order. Your contribution to that discussion was contained in a memorandum on the Commission' tentative classification of accounts prepared by your chief accountant and by you commended to the Com mission's attention on July 22, 1908. His criticism of the account was as follows : 364 Depreciation of Way and Structures. "To this account shall be charged month by month the amount estimated to be necessary to cover ■'such accruing wear and tear as is economically incapable of repair, and such obsolescence and "inadequacy as have accrued during the month on all way and structures of the accounting com- "pany." Nothing to Say After That. The accounting order, which became fully eflFective July i, 1909, required each railway to file on or before that date its rule as to Depreciation of Way and Structures and Depreciation of Equipment. You have already been notified that you were in default as to that requirement, as you failed to file such rules for each of the roads in your hands that maintains separate operating accounts. Your monthly re- ports now show that you have made no charges whatever for depreciation on your books and you have been requested to correct those reports. You are undoubtedly aware that the statute allows thirty days in which to make corrections of reports. Yours truly, AFW/ARB TRAVIS H. WHITNEY, Secretary. New York, October 25th, 1909. Frederick W. Whitridge, Esq., Receiver, 3rd Ave. R. R. Co., 130th St. & 3d Ave., N. Y. City. Dear Sir: The Public Service Commission would like to obtain certain operating data in relation to the main- tenance of cables, power house and substation machinery, which cannot be obtained from the Annual Re- ports ; will you therefore provide the way for engineers from our Transportation Dept. to obtain the data and statistics desired? Very truly yours, TRAVIS H. WHITNEY, EGC/LEK Secretary. New York, October 26th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 25th asking for certain data in respect to the maintenance of cables, and power house and sub-station machinery. I think the best way to obtain the information which you are vaguely wanting, would be for you to send somebody up here to see Mr. Mul- laney and me and I will then see what can be done for you. I am here every morning between 10 and 12 o'clock. Yours truly, Receiver. New York, October 26th, '09. Mr. F. W. Whitridge, Receiver, Union Railway Company, 204 East 128th Street, New York City. Dear Sir: Attached hereto, from the Department of Transportation, are four blue print tabulations covering observations with respect to the service on the W^hite Plains Avenue line of the Union Railway Company on October 19th to 21st inclusive. 365 You will note particularly northbound, from 3:30 to 7:00 P. M., that the passengers were in excess of the seats during every half-hour period. About 25% of the passengers during this time were carried standing. Southbound, both in the morning and afternoon, there were also a number of half-hour periods dur- ing which there were some standing passengers. Please make the necessary increases and reply stating the extent of such increases and when they became effective. Very truly yours, Ends. TRAVIS H. WHITNEY, DLT/AJC. Secretary. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transiti Inspection. Line, Union Ry. Co., White Plains Ave. Line. Date, October 19, 20, 21, 1909. Location of Observer, Tremont and Webster Aves. Bound, South. Computer, Rosenthal. Checked by Steul. Investigation No. 1,245. Sheets Nos. i and 2. Time. Destination. 2 Eo s 55 ^ . 1 li || Eh §^ wi < •2ii — a 00 C is 3 3 tub .a -3 ho Oct. 21, '09... 6.00 to 6.30 6.30 " 7.00 7.00 " 7.30 7.30 " 8.00 8.00 " 8.30 8.30 " 9.00 9.00 " 9.30 9.30 " 10.00 10.00 " 10.80 10.80 " 11.00 11.00 " 11.30 11..S0 " 12.00 P.M. 12.00 to 12.30 12.30 " 1.00 1.00 " 1.30 1.30 " -2.00 2.00 " 2.30 2.80 " 8.00 8.00 " 3.30 8.80 " 4.00 4.00 " 4.30 4.80 " 5.00 5.00 " 5.80 5.80 " 6.00 6.00 " 6.30 6.80 " 7.00 7.00 " 7.80 7.30 " 8.00 8.00 " 8.30 8.30 " 9.00 9.00 " 9.80 9.30 " 10.00 10.00 " 10.30 10.30 " 11.00 11.00 " 11.30 11.30 " 12.00 128th Street 8 4 4 4 3 4 4 3 8 4 3 4 4 3 8 4 3 3 4 4 4 5 4 4 5 4 8 5 8 3 3 8 3 3 8 3 108 144 144 144 108 144 144 108 108 144 108 144 144 108 108 144 108 108 144 144 144 180 144 144 180 144 108 180 108 108 108 108 108 108 108 108 48 167 169 142 123 101 84 84 60 108 48 72 60 60 84 154 77 60 137 85 180 171 202 189 178 108 48 137 72 48 80 48 32 27 80 28 16 42 42 35 41 25 21 28 20 27 16 18 15 20 28 88 26 20 34 21 32 34 50 47 36 27 16 27 24 16 10 16 11 9 10 8 ■3' 3 1 2 1 35 25 Oct. 19, '09... 10 15 10 .1 Oct. 20, '09... "2 1 10 5 "i" 2 3 2 1 10 15 70 45 Oct. 21, '09... 10 5 .. ;. 366 I PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Union Ry. Co., White Plains Ave. Line. Date, October 19, 20, 21, 1909. Location of Observer, Tremont and Webster Aves. Bound, North. Computer, Rosenthal. Checked by Steul. Investigation No. 1,245. Sheets Nos. 3 and 4. Time. Destination. !l SC 9 1. S-2 s « s Si H a C Is ou • 11.00 11.00 " 11.30 11.30 " 12.00 242n(l Street 4 8 4 4 8 4 4 8 4 3 8 4 3 4 3 3 3 3 3 4 3 4 4 4 4 5 4 8 4 8 8 8 8 8 8 8 144 108 144 144 108 144 144 108 144 108 108 144 108 144 .108 108 108 108 108 144 108 144 144 144 144 180 144 108 144 108 108 108 108 10» 108 108 130 106 154 142 96 96 60 86 72 60 60 96 60 72 89 108 72 96 94 154 113 152 189 299 264 200 96 84 84 56 60 48 65 36 48 43 32 85 88 85 82 84 15 12 18 20 20 24 20 18 30 36 24 32 81 38 38 88 47 75 66 40 24 28 21 19 20 16 22 12 16 14 1 2 2 2 10 10 t.t, 11 10 Oct. 19, '09... a ti 10 11 .i It tt 11 It 11 It ■ tt .t tt tt tt tt Oct. 20, '09 tt It tt tt tt tt 1 "i" 2 1 2 4 4 8 1 5 tt tt tt It tt tt tt tt 10 11 tt in It tt a tt tt 80 tt tt 45 tt >t 155 Oct. 21, '09. .t tt 190 tt tt «0 tt tt tt tt .t It tt tt tt tt tt It tt tt 1 5 tt tt tt It tt tt A/r I? ^xr T,.,-- •. X. . New York, October i8th, '09. Mr. F. W. Whitndge, Receiver, Union Railway Company, 130th St. & 3rd Avenue, New York City. Dear Sir: The four (4) blue prints attached hereto, from the Transportation Department, show that the serv- ice being provided on your Williamsbridge line is inadequate practically throughout the entire day, in both directions. Please inform the Commission at once how and when you will increase the service on this line to adequately care for the traffic. Very truly yours, TRAVIS H. WHITNEY, DLT/AJC. Secretary. Ends. 367 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Union Railway Company. Line, Williamsbridge and Mt. Vernon Line. Date, October 5th, 6th, 7th, 1909. Location of Observer, Tremont Ave. and Bronx St. Bound, West. Computer, Rosenthal. Checked by Standfast. Investigation No. 1,164. Sheets Nos. i and 2. •s : 5m bb *< rl tm •- a a lime. Destination. 0.3 u ^ . as 1 II |5 ^■■5 CS -^ «-i CO 4 so s 2 2(2 H > Is ii < :z:oh £ A. H. Oct. 6, '09.. 6.15 to 6.80 West Farms and 3d Ave. 3 108 114 38 1 so 6.80 " 7.00 H 11 5 180 350 70 5 170 7.00 " 7.80 »» >i 5 180 320 61 5 140 7.80 " 8.00 '• >k 4 114 234 58 4 90 8.00 " 8.80 • » tk 6 180 275 55 5 95 8.30 " 9.00 it »l 5 180 200 40 3 20 9.00 " 9.30 • » lb 4 144 164 41 3 20 9.80 " 10.00 »4 t> 6 180 164 83 2 20 10.00 " 10.80 il t. 3 108 178 59 8 70 10.80 " 11.00 " t. 3 108 148 49 8 40 11.00 " 11.30 »» >. 8 iOS 84 28 11.80 " 12.00 H 11 8 1U8 128 48 2 10 P.M. Oct. 6, '09.. 12.00 to 12.80 • l tt S 108 94 31 12.30 •' 1.00 tl ik 3 108 106 35 1 10 1.00 " 1.30 1» 11 8 108 116 39 2 20 1.80 " 2.00 U il 3 108 128 43 2 20 2.00 '• 2.80 tl Ik 3 108 133 44 8 25 2.80 '• 8.00 / 8 108 121 40 2 25 8.00 " 8.80 8 IOS 101 34 1 6 8.80 " 4.00 «t tt 8 108 103 35 1 10 4.00 " 4.80 " .1 3 108 153 51 8 43 4.80 " 6.00 it tt 8 103 111 37 2 15 6.00 " 6.30 it it 8 108 178 f9 8 70 5.80 " 6.00 it 5 180 325 65 5 145 Computer, Standfast. Checked by Zementz. Oct. 7, '09., p. u. 6.00 to 6.80 7.00 7.30 8.00 8.30 9.00 9.80 10.00 10.30 11.00 11.80 6.80 7.00 7.30 8.00 8.30 9.00 P.30 10.00 10.80 11.00 11.80 12.00 West Farms and 8d Ave, 252 144 144 180 180 144 180 72 108 10? 108 IOS 385 182 94 184 157 125 154 87 108 126 146 118 145 60 10 40 26 5 10 15 80 20 10 .368 PUBUC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Union Railway Co. Line, Williamsbridge and Mt Vernon Line. Date, October 5th, 6th, 7th, 1909. Location of Observer, Tremont Ave. and Bronx St. Bound, East. Computer, Zeientz. Checked by Standfast. Investigation No. 1,164. Sheet No. i. . •?.«i Sf e •2 ® 1.^ i-9 3S a ^1 Time. Destination. 22 so 1^ C be 5(S 1^ si p be z &. & h la -< »eu, s, Oct. 6. 'OJ.... 6.15 to 6.30 Mount Vernon 2 72 82 41 1 10 6.80 •' 7.00 " " 5 180 24S 49 4 fifi 7.00 " 7.80 " •* 5 180 221 44 4 65 7.30 " 8.00 ». M 5 180 169 34 2 25 8.00 " 8.30 »* " 5 180 147 29 2 15 8.80 " 9.00 9.00 " 9.80 9.30 " 10.00 :: *'••••• 4 S 3 144 108 108 108 96 lis 27 32 39 2 10 10.00 " 10.80 ** *' 2 72 37 43 2 15 10.80 "11.00 %» t* 8 108 106 35 1 10 11.00 " 11.30 11.80 " 12.00 " :::::: 3 8 lOS 108 84 118 28 89 2 10 Oct. 5, '09.... 12 0«to 12 80 .» 4 144 168 42 S 55 1280 " 1-00 " " 8 108 148 49 8 40 1.00 " 1-80 " " 8 108 133 44 8 25 1.80 " 2.00 " " ...... 8 108 173 58 8 65 2.X) " 8.80 " " 8 108 143 48 8 85 2.80 " 8.00 " " , 2 72 87 48 2 15 3.00 " 8.80 " *♦ 4 144 214 53 4 70 8.80 " 4.00 " " , 8 108 163 54 8 55 4.00 " 4.30 " " ...... 8 108 153 51 8 45 4.30 " 5.00 ii i« 5 180 193 39 4 25 5.00 " 5.30 5 180 303 61 4 ia5 5.30 " 6.00 6 216 461 77 6 245 Oct. 7, '09.... 6.00 " 6.30 ti it 5 180 400 80 5 220 6.30 " 7.00 " " ...... 5 180 305 61 5 125 7.00 " 7.30 " " , & 180 246 49 3 90 7.30 " 8.00 '* " ...... 8 108 208 69 3 100 8.00 " 8.80 " " ...... 4 144 182 45 3 50 8.30 " 9.00 8 108 168 56 3 60 9.00 " 9.30 " " , 8 108 129 48 2 45 9.80 " 10.00 it It 8 108 168 56 3 60 10.00 " 10.30 •' " 1, a 72 137 68 2 65 10.30 " 11.00 ♦' " 8 108 163 54 3 55 11.00 " 11.80 " " 2 72 142 71 2 70 11.30 » 12.00 a 108 138 46 2 80 369 Mr. F. W. Whitridge, New York, October 26th, '09. Receiver, Union Ry. Co., 204 E. 128th Street, New York City. Dear Sir: On October i8th, '09, the results of an observation with respect to the service on the Williamsbridge line of the Union Railway Company, were sent to you. These counts showed inadequate service practi- cally throughout the entire day. Please state what steps have been taken to make the necessary increases in the service. Very truly yours, DLT/AJC. TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, October 27th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 26th referring to your previous letter of the i8th which enclosed to me four blue prints from your Transportation Department, which you say show that the service provided on the Williamsbridge Line of the Union Railway is inadequate practically throughout the entire day, and requesting me to inform the Commission "at once" how I ex- pect to increase the service, on this Line to adequately meet the traffic. I also acknowledge receipt from you of similar letters in respect to the Jerome Avenue Line, dated the 23d of October, and a third letter in respect to the White Plains Avenue Line, dated October 26th. All of these statements are unconvincing; the first one is absurd on its face. There is no record of any human being except Houdin, the prestidigitateur, who is dead, who could have made any such precise calculations on a moving vehicle, as your observer, your computer and your checker allege. The whole thing must be largely guesswork on their part. It would perhaps be sufficient reply to all these communications to call your attention to the fact that the cars on all these lines of the Union Railway are now operated on the schedule which was ordered by your Honorable Body in the Autumn of the year 1907, before I took charge of the property, and after the matter had been exhaustively discussed with the Presi- dent, Mr, E. A. Maher, and your representatives or yourselves. I do not propose to do anything about the service, under these circumstances, except to say to you that, if on reflection, you think it ought to be improved, I am prepared to have Mr. Maher meet you as he met you two years ago and consider the matter anew. I desire, however, to point out to you that in all of these cases there has been no complaint on the part of the public, and you are apparently proceeding under a general system of espionage, under which your in- spectors are given carte blanche to invent grievances, which I consider a highly objectionable practice, and I again make the suggestion to you, which I have once or twice before made, when there is anything which, in your judgment, requires investigation, you should notify me thereof and a joint investigation should be arranged, because I know from my own experience, and I think you know because I once or twice called your attention to it, that the reports of your in- spectors are oftentimes worthless. 370 Finally, I ought to call your attention to the fact that in these matters you are dealing to some extent with the vagaries of the populace. People prefer sometimes to stand up to sitting down. I have myself seen an open car crowded beyond the computation of your experts, and within two blocks a closed car containing only three or four people, and the remedy which you are seeking for a grievance of which the people do not complain, is not by any attack upon the service of the Road, but by the police regulations such as they have in foreign cities, which would prevent anybody from getting on a car where there are no seats. If you are prepared to tackle that proposition, I will co-operate with you cheerfully. On some of these lines there is some con- gestion and crowding during the so-called rush hours, but in the case of the Williamsbridge Line, at least, it is I think beyond my power to remedy that defect, because the upper end of the line is a single track over which the Receiver of the Westchester Lines operates two lines of cars, and no additional cars can be put on, so far as we can judge, without increasing the congestion and creating ground for real grievance, and the Union Railway has repeatedly asked for per- mission to lay a second track at this point which has been refused. Yours truly. Receiver. Travis H. Whitney, Esq., New York, October 28th, 1909. Secretary, Public Service Commission 154 Nassau Street^ New York City. My dear Sir: Referring to my letter of the 27th in respect to certain lines of the Union Railway, I should have added to the last paragraph that new franchises had been under negotiation in Mount Vernon and Yonkers for some months, and I think we have got to a point in Mount Vernon where, as soon as a contract between the Westchester Electric Company and myself can be authorized by the Bondholders and the Courts, new franchises will be granted, and those franchises will pro- vide that we may lay a second track at the end of the Williamsbridge Line, which of course we shall do. Yours truly. Receiver. Travis H. Whitney, Esq., New York, October 29th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I send you herewith two photographs of a gasolene electric car which I have had made for experimental purposes and which is now in service on the 125th Street Crosstown Line. I will send you the plans and specifications of the same as soon as I can get them. I think it may interest you to examine this car, and if you do so I shall be glad to hear what you think about it. 371 It is possible that this car may mark the beginning of a new era in City and suburban transportation. I do not expect to be able to j udge finally about it until after it has been in use some six months. Yours truly, Enclosures : Receiver. New York, November 5th, 1909. Frederick W. Whitridge, Esq., Receiver, 3rd Ave. R. R. Co., 130 St. & 3rd Ave., New York City. Dear Sir: I desire to acknowledge receipt of your letter of the 29th ult., enclosing two photographs of a gaso- lene electric car, which is being operated experimentally on the 125th St. Crosstown line. Mr. Connette, our Transportation Engineer, examined this car yesterday, in company with your Chief Engineer, Mr. Mullaney. It is quite possible that the gasolene electric car will prove to be valuable in certain lines of trans- portation, and we shall be glad to hear further from you after the car has been in service a reasonable length of time, as service conditions and relative costs will be a factor in the final disposition of the advantages of gasolene electric equipment. Thanking you for calling our attention to the matter, and hoping to have advices from time to time, with operating data, I am Very truly yours, EGC/LEK. TRAVIS H. WHITNEY, Secretary. New York, October 30th, 1909. Milo R. Maltbie, Esq., Public Service Commission, 154 Nassau Street. Dear Mr. Maltbie: Referring to my conversation with you yesterday in respect to the Queensboro Bridge, I explained to you the various difficulties which stand in the way of making the application as a mere extension of the Third Avenue road, and those difficulties are, as I told you, insurmount- able. The only way in which the thing can be done is by an independent corporation such as has been proposed. I understand that the Committee of the Board of Estimate are unanimously pre- pared to act on that application, and to act favorably if they can have some assurance that the Public Service Commission will approve of the articles of incorporation. The Corporation Counsel has advised them, in the form of an opinion, that the matter of transfers is adequately protected in the form of franchise proposed, and that, as a matter of law, is a conclusion in which I agree. These things being so, the only thing or question is in respect to the route to be followed. As I said to you, I care nothing about it, and I am perfectly prepared to have the question as to the streets through which the Third Avenue shall run, left to the engineers of your Commis- sion and the Board of Estimate. I think it had probably better be left to them both, because, with, all possible respect, I suspect that if it is left to either one of them, the other would dis- agree in the first's conclusions. This may be a profane opinion. 372 Try to do what you can in this matter. It really seems to me to be very simple — and sa very simple that it would be an offence if I am not allowed to make the extension in the man- ner proposed — the manner proposed being the only way in which it can be made. Yours very truly, Receiver. New York, November ist, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir : I have yours of the 30th instant. I am very glad indeed to hear that the traffic matters are handled between the various companies informally by co-operation with your Transporta- tion Department. That is as I think it should be, and I hope you will always find me ready to co-operate with them or anybody else for the improvement of the facilties of any of the Roads under my jurisdiction, if such' improvement is shown to be necessary. I spoke of the particular matter of the service referred to in your previous letter being re- ferred to Mr, Maher, because at the time the Order of the Commission was made, Mr. Maher was in charge of the Company and knew the facts. You now inform me that the order then made only ran for a year, which is news to Mr. Maher. I think it proper that all letters in respect to any matters of these properties should be addressed in the first instance to me, and in a case such as the present one, I shall be happy to turn it over to Mr. Maher for his consideration. Do I understand that your engineer will communicate with Mr. Maher in respect to the particular matters as to which you send me your suggestions, or do you want Mr. Maher to call up the engineer? Now that I find how you are dealing with the matter, I am anxious to meet you in every possible way. Yours truly, Receiver. Frederick W. Whitridge, Esq., New York, November 4th, 1909. Receiver, 3rd Ave. Railroad Co., 130th St. & 3rd Ave., N. Y. City. Dear Sir : Your letter of the ist inst, in reference to the method of handling matters connected with the com- panies under your charge, has been received. The communications will be addressed to you as suggested. . Mr. Maher communicated with our Transportation Engineer, Mr. Connette, yesterday, and will have a conference with him on Friday in reference to pending matters. Very truly yours, TRAVIS H. WHITNEY, EGC/LEK. - Secretary. 373 Milo R. Maltbie, Esq., New York, November 5th, 1909. Public Service Commission, 154 Nassau Street, New York City. My dear Mr. Maltbie: I enclose herewith copy of a letter from the President of the Board of Aldermen, from which you will see that the Committee of the Board of Estimate of which I spoke to you, are waiting to hear from the Public Service Commission before taking the promised action on the Queensboro Bridge franchise. I see your Chairman has been recently interviewed on the subject of "Throttling Transil Facilities." I think the correspondence will show that it is quite clear that the transit facilities across the Queensboro Bridge are not being throttled by the Railroads at least. I had hoped to hear from you by the first of this week in respect to this matter. Will you let me jog your memory? Yours very truly. Enclosure : Receiver. Frederick W. Whitridge, Esq., New York, Nov. 4, 1909. Receiver, Third Avenue Railroad, 130th St. '& Third Ave., City. Dear Sir: I am instructed by the President of the Board of Aldermen to acknowledge the receipt of yours oi the 3d instant relative to your application for a franchise to cross the Queens Borough Bridge, and tc say in reply that as soon as a report has been received from the Public Service Commission he will call a rneeting of the Committee of -the Board of Estimate and Apportionment to which the matter was referred Yours very truly, WM. O'CONNOR, Sec'y. Mr. F. W. Whitridge, Receiver, New York, November 10, 1909. Third Avenue Railroad Company, 130th Street & Third Avenue, New York. My dear Mr. Whitridge: I have been unable to write you before regarding the feasibility of a connection between the Queens- boro bridge and the Third Avenue System via 59th and 6oth Streets. Mr. Connette was busy with mor« important matters, and I received only yesterday his written report upon this matter. He states that the route suggested in our report upon your previous application is feasible; viz., thai the westbound cars can run through 60th Street and the eastbound cars through 59th Street. He does not find that it is impossible to operate the cars as you stated. The tracks are somewhat close in 59th Street, but not only will it be feasible to operate your cars eastbound in 59th Street, but also tc operate larger cars than are now being operated westbound by the 59th Street Company. He also states that if a double right-hand branch-off is constructed at SQth Street and Third Avenue, it may be necessarji to increase the distance between the tracks at this point ; but if this were done it would be only for a very short distance. He also does not think it will be necessary to make any changes in the elevated pillars, although this may somewhat depend upon the exact location of the tracks. Mr. Connette has been unable to find reason why the route cannot be operated as suggested, but ii you know of any, I shall be glad to have the matter investigated. Of course, when 59th Street is widened or the plan carried out for a plaza at the Manhattan end of the Bridge, it may be necessary and desirable to rearrange the tracks ; but as a plan for operation in the meantime, we have yet been unable to find that the objections you raised actually exist. Very sincerely, MILO R. MALTBIE, MRM/EMH. Commissioner. 374 New York, November nth, 1909. Mile R. Maltbie, Esq., Public Service Commission, 154 Nassau Street, New York City. Dear Mr. Maltbie: I have your letter of the loth for which I am much obliged to you. As I told you, I am indifferent to the route over which the Queensboro Bridge cars are to run in the City of New York. It is all one to me whether it is 60th Street, 59th Street, 58th Street or 57th Street, and I am perfectly prepared to leave that to you, your engineers and the engineers of the Board of Estimate. I pointed out certain difficulties which I suppose to exist; if they do not exist then there will be no difficulty, if they do exist the blame will be on somebody else's engineers rather than mine. The important point, however, was for me to know whether or no the Commission would approve of the franchise which I am negotiating with the Board of Estimate Committee, That you say nothing about; the terms being those which have been mentioned between us and between you and Mr. Pendleton. Yours truly, Receiver. New York, November loth, '09. Mr. F. W. Whitridge, Receiver, Union Ry. Co., 2396 Third Avenue, New York City. Dear Sir : — Attached hereto, from the Department of Transportation, are two blue print tabulations with re- spect to the service on the 161 st Street Crosstown line of the Union Railway Company on October 28th, 29th, & Nov. I St, '09. You will note that the service is inadequate between 7 :oo & 8 :oo A. M., westbound, and 5 :oo & 6 :oo P. M., eastbound, at i6ist Street and Jerome Avenue. Please provide the necessary increases and reply stating what has been done. Very truly yours, ends. TRAVIS H. WHITNEY, DLT/AJC. Secretary. New York, November loth, '09. Mr. F. W. Whitridge, Receiver, Union Ry. Co., 2396 Third Avenue, New York City. Dear Sir: — Herewith are sent to you, from the Department of Transportation, two blue print tabulations cover- ing the service on the Fordham line of the Union Railway Company as observed on Oct. 25th, 28th & Nov. 1st, '09. You will note, during the evening rush hours both northbound and southbound, that the service was inadequate. Northbound from 4 :oo to 6 130 P. M. cars were overloaded continuously during every half- hour period at 177th Street and Third Avenue; southbound at the same point, light conditions prevailed practically from 4:30 to 8:30 P. M. 375 Furthermore, northbound, almost continuously from i o'clock until 8:30 P. M. standing passengers were carried although the seats, except as noted above, usually exceeded the passengers in each half-hour. Southbound, similarly, standing passengers were carried from 10:00 A. M. to 8:30 P. M. If more regular intervals were maintained, standing passengers could practically be eliminated, except during the rush hours, without any increases in the service. Please improve the conditions on this line at once and reply stating what has been done. Very truly yours. Ends. TRAVIS H. WHITNEY, DLT/AJC. Secretary. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Union Ry. Co., i6ist St Crosstown Line. Date, Oct. 27, 28; Nov. i, 1909. Location of Observer, i6ist St. and Jerome Ave. Bound, East. Computer, Rosenthal. Checked by Steul. Investigation No. 1,291. Sheet No. 2. Seatino Capacitt 36 flt^ ^1 1^ li a ^ Time. Destination. .,2 h 1$ «■= t- Ml ^5 S"-* 3 3^ c8 d .0 m 2 ^ ^ < W 00 A. X. Nov 1, '09, . . 6.80 to 7.00 7.00 " 7.80 7.80 " 8.00 161st St. and 3rd Ave. 2 72 144 144 22 29 45 11 7 11 8.00 " 8.80 11 •! 144 57 14 8.30 " 9.00 9.00 " 9.30 I. u 144 144 54 88 18 9 9.80 " lO.OC 10.00 " 10.80 Ik It 144 144 88 30 8 7 10.80 " 11.00 tt t» 144 28 7 11.00 " 11.80 11.80 " 12.00 P.M. ik » 144 144 22 24 5 6 Oct. 27, '09... 12.00 to 12.80 12.30 " 1.00 .. 108 144 28 81 9 8 1.00 " 1.30 1.80 " 2.00 » 144 144 68 66 16 16 2.00 " 2.80 2.30 " 8.00 3.00 " 3 30 3.80 " 4.00 4.00 " 4.80 4.80 " 5.00 It tt 144 180 144 180 144 144 80 60 61 57 33 90 20 12 13 11 8 22 Oct. 28, '09... 5.00 " 5.8C " " 5 180 250 50 8 70 5.80 " 6.00 tt It 5 180 142 28 2 20 6.00 " 6.80 tt tt 5 180 104 21 <.• • 6.80 " 7.00 7.00 " 7.80 tt tt 5 5 180 180 87 68 17 18 7.80 " 8.00 4 144 97 24 1 5 376 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Union Ry. Co., i6ist St Crosstown Line. Date, Oct. 28, 29; Nov. i, 1909. Location of Observer, 161 st St. and Jerome Ave. Bound, West. Computer, Rosenthal. Checked by Steul. Investigation No. 1,291. Sheet No. i. Seatimq Capacitt Fm Car, 86. Time Destioation. 2 |l 2 u BS S eS ^ k il 1 A,IC. , 6.80 to 7.00 j 7.00 " 7.80 r.30 " 8.00 8.00 " 8.30 8.80 " 9.00 9.00 '> 9.30 9.30 " 10.00 10.00 " 10.30 10.30 " 11.00 11.00 " 11.30 11.30 " 12.00 P. M. 12.00 to 12.30 12.30 " 1.00 1.00 " 1.30 1.30 " 2.00 2.00 " 2.30 2.30 " 8.00 3.00 " 3.30 3.30 •' 4.00 4.00 " 4.30 4.30 " 5.00 5M " 5 30 6.30 " 6.00 6.00 " 6.30 6.30 " 7.00 7.00 " 7.30 7.80 " 8.00 155th St. and 8th Ave.; 154th St. and McComb's Dam Br. 1? ]? u 3 I1 J3 ■jl J3 )1 i3 11 33 I1 ]1 I1 JS 1 ]» 1 ]3 u 11 3 I1 f3 1 J3 n 1 4 1 4 1 4 ■ J4 1 4 1 4 1 2 1 108 36 108 36 108 36 108 36 108 36 108 36 106 36 108 36 108 36 108 36 108 36 72 36 108 36 108 36 108 36 108 36 108 36 108 36 108 86 72 36 144 36 144 86 144 144 36 144 36 144 36 72 86 87 7 106 46 143 S>i 106 9 36 10 34 2 26 6 34 1 33 2 22 3 42 3 24 4 58 7 27 4 22 4 57 5 66 24 37 4 31 4 21 3 39 20 64 7 52 28 1 88 7 29 1 26 12 9 7 35 46 48 36 35 9 12 10 11 2 9 6 11 1 11 2 7 3 14 3 12 4 19 7 9 4 7 4 19 5' 19 24 12 4 10 4 10 3 10 20 16 7 13 7 1 7 7 7 1 13 10 Nov. 1. "09.... 2 1 2 2 10 10 35 10 ** ' ' .... Oct. 27. '09... .... .... '" ' ■ .... Oct 28, •09... ^77 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Fordham Line, Union Railway Co. Date, Oct. 25-28; Nov. i, 1909. Location of Observer, 177th Street and 3rd Ave. Bound, North. Computer, Eisen. Checked by Kinsley. Investigation No. 1,275. Seating Capacity, 36. Sheet No. "S ■Sfti CO Time. Destination. £ eS 1. 11 it 1^ •0 a) ^^5 25 a it ZK 5* s^l "i^ go s S5 5al -0 si S CO ZCU 1* a 9 S5 A. M. Oct. 28, '09... 6.80 to 7.00 McLean Ave 6 216 162 27 7.00 " 7.30 6 216 264 44 4 •60 7.80 " 8.0c H It « 180 118 24 1 10 8.00 " 8.80 H It 5 180 1.52 80 1 20 8.80 " 9.00 9.00 *' 9.30 9.80 " 10.00 10.00 " 10.80 10.80 " 11.00 11.00 " 11.80 11.30 " 12.00 P. M. it it It tt 6 6 6 6 4 5 5 216 180 216 216 144 180 180 120 114 120 114 54 72 108 20 23 20 19 13 22' Nov. 1, '09.... 12.00 to 12.80 12.80 " 1.00 '* " ........ 6 7 216 252 126 114 21 16 1.00 " 1.30 tt tt fi 216 188 80 2 is 180 " 2.00 it tt 5 180 157 81 2 25 2.00 " 2.30 It tt 7 252 228 33 2 30 2.80 " 8.00 tt It 4 144 182 45 2 50 8.00 •' 8.30 It it 8 288 244 30 1 10 3.80 " 4.00 it it 5 180 170 34 1 20 4.00 '• 4.80 it tt 7 252 287 41 4 65 Oct. 25, '09... 4.80 " 5.00 " " 6 Z16 214 36 3 40 5.00 " 5.80 It tt 5 180 184 37 2 40 5.30 " 6.00 it it 5 180 252 50 4 90 6.00 " 6.30 " " 7 252 292 42 70 6.80 " 7.00 It tt 6 216 158 26 20 7.00 ." 7.30 tt tt 4 144 100 25 10 7.80 " 8.00 tt it 5 180 124 25 10 8.00 " 8.30 tt tt 6 216 155 26 5 8.30 " 9.00 9.00 " 9.80 " :::::::: 6 5 216 180 108 96 18 19 378 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Fordham Line, Union Railway Co. Date, Oct. 25-28; Nov. i, 1909. Location of Observer, 177th Street and 3rd Ave. Bound, South. Computer, Eisen. Checked by Kinsley. Investigation No. 1,275. Sbatino Capacitt pbr Car, 36. Sheet No. 2. a C £t* U) e «4 ■s la H a •3 Time Destination. ^1 la si § X! 00 IS. so 3 2i ?5S ■5 Eg s to '^ a) ZPm PL| A.M. Oct. 28, '09... 6.80 to 7.00 7.00 " 7.80 7.30 " 8.00 8.00 " 8.80 8.80 " 9.00 128th St. and 3d Ave. 6 5 5 6 8 316 180 180 216 216 126 156 108 186 162 21 31 22 31 27 'so' 9.00 " 9.80 9.80 " 10.00 10.00 " 10.30 'i ':: 6 6 5 216 216 180 128 132 154 21 22 81 Nov. 1, '09.... 'io' 10.80 " 11.00 11.00 " 11.30 11.80 " 12.00 >i ti 4 4 5 144 144 180 72 90 187 18 22 27 "5" P.M. 12.00 to 12.30 tk M T 252 227 82 5 12.80 " 1.00 1.00 " 1.80 1.30 " 2.00 ':: :: 5 6 6 180 216 216 114 168 185 23 28 31 "5' 2.00 " 2.30 it »« 7 252 244 35 10 2.30 " 3.00 " •' « 216 172 29 10 8.00 " 3.30 3.30 " 4.00 \\ i\ 5 6 180 216 132 185 88 81 "5' 4.00 " 4.30 it ti 6 216 207 34 15 Oct. 25, '09... 4.30 " 5.C0 " " 7 252 257 ■39 66 6.00 " 5.80 " '* 5 180 246 49 90 5.30 " 6.00 ti tt 7 252 296 42 80 6.00 " 6.80 It It 8 108 140 47 50 6.30 " 7.00 tt it 7 862 236 84 50 7.00 " 7.80 it it 6 216 156 26 80 7.30 " 8.00 ti it 5 180 192 88 30 8.00 " 8.30 it it 5 180 245 49 65 8.30 " 9.00 9.00 " 9.30 » 6 5 216 180 108 60 18 12 379 New York, November 12, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, City. My Dear Sir: I have your letters of the loth instant enclosing to me the results of your investigations Nos. 1 29 1 and 1275 made by certain observers, certain computers and checked by certain other people. Assuming that any degree of credence is to be attached to these reports, it is apparent from the face of them that two of them show a very satisfactory service and not an inadequate service at all. In accordance with our previous correspondence, I have, however, turned them over to my General Manager with instructions to take the matter up with Mr. Connette and arrange the service to satisfy his judgment. Yours truly, Receiver. November i6th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: — Regarding the service of our i6ist Street and Fordham Lines, we beg to submit herewith a copy of a report made by our Superintendent, and we desire to say that the suggestions therein will go into effect to-day. We trust that the additional cars upon the lines mentioned will meet the requirements of the Commission. Yours very truly. EAM/MFT. General Manager Under Receiver. New York, November 13th, 1909. Mr. Edward A. Maher, General Manager, Union Railway Company, 130th Street & Third Avenue, New York City. Dear Sir: — We beg to state that in view of the complaints of October 25th, 28th and November ist, from the Department of Transportation of the Public Service Commission, relative to the operation of the Ford- ham and 161 st Street Crosstown Lines, that with the addition of one extra car on 161 st Street Crosstown Line between the hours of 7:00 A. M. and 8:30 A. M. it will increase the seating capacity to one hundred and eight passengers, according to Public Service check, which shows the number of passengers standing sixty-five. It will show the number of cars operated every thirty minutes to be five instead of four. With one additional car between the hours of 5 :oo P. M. and 6 :oo P. M. it will show a seating capacity of seventy-two passengers more than check taken and which will show six cars every thirty minutes instead of five. 380 As to our Fordham Line between the hours of 6 130 A. M. and 4 :oo P. M. we will maintain a schedule of six cars every thirty minutes by keeping one additional emergency car on the stand at our Terminal at the City Line which is to be used in case of headway. Then between the hours of 4:00 P. M. and 7:30 P. M. with an increase of four additional cars which is equivalent to fifteen cars per hour instead of twelve or an increase of twenty-five per cent in service. Then between 7:00 P. M. and 9:00 P. M. we will maintain a schedule of six cars every thirty minutes or twelve cars per hour. Regardless of blocks and delays due to bridge openings we will do our best to maintain this schedule in operation. Very respectfully, (Signed) HARRY A. CARRIGAN, Assistant Superintendent. Mr. F. W. Whitridge, Receiver, New York, November 12, 1909. Third Avenue Railroad Company, 130th Street and Third Avenue, ^ New York City. My dear Mr. Whitridge: I beg to acknowledge your letter of the nth just received. You ask "whether or no the Commission would approve of the franchise which I am (you are) nego- tiating with the Board of Estimate Committee." Our Commission is not in the habit of stating that it will approve a document which has not yet been submitted to it and the provisions of which are not known to the Commission. I have seen Mr. Pendleton and informed him in a general way of our position in the matter, and have further said that we will be glad to consider any franchise informally before it is finally adopted, if the Committee so desires, and we are still ready to do so, as this seems the best way to make progress; but not having seen the franchise and not knowing what it contains, it is impossible for us to say formally or informally whether it meets with our approval. Very sincerely, MRM/EMH MILO R. MALTBIE, Commissioner. Milo R. Maltbie, Esq., New York, November 13th, 1909. Public Service Commission, 154 Nassau Street, New York City. My dear Mr. Maltbie: I have yours of the 12th and as I recall the numerous negotiations and conversations in respect to this business of crossing the Queensboro Bridge, I confess I am surprised at that letter. Yours truly, GFD/CWT End. • Receiver. C— 3921. Public Service Commission, New York, N. Y., Nov. 8, 1909. Gentlemen : I wish to call your attention to the inconvenience caused the public by the motormen on the Third and Amsterdam Ave. line. It is a common practice when a person wishing to alight at 176th St. gives the signal at 175th St. to be carried to 178th St. This evening I signaled at 175th St. and was carried to i8ist St. before I could get the motorman to stop, although he was given a signal at 177th St. by another party. He refused to stop. There seems to be no just cause for this and believe it should be stopped, as it is an annoyance to the public. Your attention in this matter will be appreciated. Yours truly, (Signed) W. A. OUTTEN. 506 West 176th St. 381 New York, November 12, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the nth enclosing letter from W. A. Outten, complaining that the motor- men on the Third and Amsterdam Avenue Line do not stop on signal, and that he was carried six blocks beyond the point where he signalled; and speaks of that sort of thing as a common occurrence. Of course, any such thing is a flat violation of the rules, but as Mr. Outten does not give me the number of the car or the motorman, it is difficult for me to deal with it. I hope hereafter he will take notice of those two facts and advise me. I may say that I cannot myself conceive of anybody being so silent as to permit a car to carry him six blocks beyond his destination. Yours truly. Receiver. Copy to W. A. Outten. New York, November 12, 1909. Mr. W. A. Outten, 506 West 176th Street, New York City. My dear Sir: The Public Service Commission has sent me copy of your complaint in respect to service on the Third and Amsterdam Avenue Line, and I enclose herewith copy of my reply thereto. Yours truly. Enclosure : Receiver. Office, Foot 109th Street, E. R- New York, November 15, 1909. Public Service Commission, 154 Nassau Street, New York City. Gentlemen : We wish to know if we can enlist your services in having the Railroad Company take care of their track and repair the pavement between the track on 109th Street, from ist to Pleasant Avenues. In its present condition the street is almost impassable for vehicles, and it is extremely dangerous for heavy trucking, as the tracks are so much higher than the street in some places, that when a truck is caught in the tracks, it is almost impossible to jump the track, and the snapping of an axle is likely to result in serious injury to the driver of a vehicle. We have on two occasions written the Railroad Company without getting any results and now ap- peal to you for such action as will bring about the desired result. Very truly yours, MURTHA & SCHMOHL CO., Graham Murtha, Secretary. 3^2 Travis H. Whitney, Esq., New York, November i8th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 17th in respect to the complaint of Messrs. Murtha, Schmohl & Com- pany. The condition of the tracks which these gentlemen refer to is substantially as they describe. It was only brought to my attention a few days ago, when the question of running the gasolene electric car on the i loth Street Line was brought up, and I thereupon directed that the tracks at the places mentioned by Messrs. Murtha, Schmohl & Company, and in some other places, be put into decent shape forthwith. Yours truly, Copy to Murtha, Schmohl & Company. Receiver. Messrs. Murtha, Schmohl & Company, New York, November i8th, 1909. Foot of 109th Street, E. R., New York City. Dear Sirs: The Public Service Commission has sent me copy of your complaint to them of the 15th instant, and I enclose herewith copy of my reply thereto. Yours truly. Receiver. Mr. F. W. Whitridge, New York, November 17th, '09. Receiver, Union Ry., 2396 Third Avenue, New York City. Dear Sir:— An observation was made with respect to the service of the Morris Avenue line on Nov. 4th, 5th & 8th, '09, covering the conditions from 6:00 A. M. to 9:00 P. M. The service at i6ist St. & Morris Avenue was found to be satisfactory, except from 7:00 to 7:30 A. M., northbound, when four cars were operated carrying fifty passengers standing, and from 4:30 to 5:30 P. M., southbound, when 8 cars were operated carrying no standing passengers. The headways during these periods averaged about 7J^ minutes. A six minute headway would have adequately accommodated the business. Please increase your service on this line accordingly. Very truly yours, LDT/AJC. TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, November 20th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 17th. I am glad that your observation shows that the services on Morris Avenue was generally satisfactory, and I have referred the same to my General Manager and .383 Mr. Connette for improvement in the particulars which your observation shows it to be defi- cient in. I regret that you do not give me the number of your observation. I Hke to keep track oi the numbers of your orders and observations. The last number of the latter which I saw wa; 1297. Yours truly, Receiver. Travis H. Whitney, Esq., November 22nd, 1909. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Replying to your favor of November 17th, regarding the service upon our Morris Avenue Line, we desire to state that additional cars will be placed upon that line, between the hours mentioned, so as to provide service that will be satisfactory to your Commission. Yours very truly, EAM/MFT. General Manager Under Receiver. 433 West 162nd St., N. Y. Nov. 15, 1909. Gentlemen : I would like to draw your attention to the running or rather non-running of the "Tenth Avenue' line. Up to a short time ago, the cars on that line ran from E. 34th St., to 162nd St and Amsterdam ave (some to Fort George). Without notification of any kind, these cars have ceased running further thar 129th St. and Amsterdam Ave. Occasionally, however, the passengers are dumped out at the stables, anc then told to get on again, as that car will run up. As this is a source of great inconvenience not only to ourselves but to our friends who visit us, ] would like to know whether this poor service is the best we can expect on the "Heights." Yours very respectfully, WILLIAM VOLCKHAUSEN. Travis H. Whitney, Esq., New York, November 19th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the i8th enclosing complaint of Mr. William Volckhausen in respect to the Tenth Avenue cars on Amsterdam Avenue. I ought, in the first place, to call Mr. Volckhau- sen's attention to the fact that, until a year ago, there were no Tenth Avenue cars which ran up Amsterdam Avenue at all; that is an improvement instituted by me. As the Autumn came on, it appeared that during the entire middle of the day these cars ran almost empty. As a matter of fact, to be precise, the earnings from them were six cents per car mile less than the cost of operating. Accordingly, the passage of the Tenth Avenue cars up Amsterdam Avenue was dis- 384 continued, except during two hours in the morning and two hours in the afternoon, and I hope Mr. Volckhausen will see that while it is an inconvenience for the passengers to be asked to change at 129th Street, it is an injustice to ask us to run cars at a considerable loss for the pur- pose of saving passengers that very trifling inconvenience. As soon as the population of the Heights increases or the season grows warmer, the old schedule will be resumed. Yours truly. Copy to Wm. Volckhausen. Receiver. New York, November 19th, 1909. Mr. William Volckhausen, 433 West 162nd Street, New York City. My dear Sir: I have yours of the 15th from the Public Service Commission, and send you copy of my reply thereto, which I hope will be satisfactory. Yours truly. Receiver. New York, November 26th, '09. Mr. F. W. Whitridge, Receiver, 3rd Ave. & Kingsbridge R. R. 2396 Third Avenue, New York City. Dear Sir : — Will you please furnish, for the information of Mr. Connette, Transportation Engineer, the following daily statistics, beginning December ist, '09, with respect to the operation of the surface lines under your Receivership. I : — The number of fare passengers carried at 5 cts. and at several rates other than 5 cts. (105, 106, 107, 108) 2: — The Corresponding information for the same day of the week for 1908. 3: — Transfers collected. (109) 4: — The corresponding data for the same day of the week for 1908. 5: — The passenger car miles (active) operated. (121) 6: — The corresponding information for the same day of the week for 1908. The numbers in brackets above refer to the line number in the "Monthly Report of Street Railway Operation", now filed with the Public Service Comission for the First District, Bureau of Statistics & Accounts. They indicate specifically the character of the information desired. If more convenient, weekly reports, containing this information by days for the preceding week, will be entirely satisfactory. Very truly yours, TRAVIS H. WHITNEY, DLT/JAC. Secretary. 385 Address reply to "Public Service Commission." New York, November 29th, 1909. Public Service Commission, 154 Nassau Street, New York City. Dear Sirs : I have your several letters of the 26th asking for certain daily statistics for the use of Mr. Connette. 1 will furnish these as quickly as I can have them made up. Yours truly, Receiver. November 23, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 130th Street & Third Ave., New York. Dear Sir : Transmitted herewith and hereby served upon you is a certified copy of an Order in Case No. 1170, adopted by this Commission at its meeting November 19, 1909, in regard to heating regulations of closed passenger cars. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Sec- tion 23 of the Public Service Commissions Law. Very truly yours, TRAVIS H. WHITNEY, JHG/EH Secretary. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the >-Case No. 1170 Final Order Hearing on the Motion of the Commission on the Question of Improvements in the Service of the Interborough Rapid Transit Company; Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its Re- ceivers; Third Avenue Railroad Company and Frederick W. Whitridge, its Receiver; as regards heating and heating regulations with respect to all closed cars carrying passengers operated in The City of New York. After a hearing duly held in the above entitled matter on due notice to all the companies and re- ceivers above named before Mr. Commissioner Eustis on October 25, 1909, November 4, 1909, and No- vember 9, 1909, present Mr. J. L. Quackenbush, of Counsel for the Interborough Rapid Transit Company, Metropolitan Street Railway Company and Adrian H. Joline and Douglas Robinson, its receivers, New York City Interborough Railway Company, New York and Queens County Railway Company, Long Island Electric Railway Company, and New York and Long Island Traction Company; Mr. W. S. Menden, repre- senting Brooklyn Heights Railroad Company, Brooklyn, Queens County and Surburban Railroad Company, South Brooklyn Railroad Company, Brooklyn Union Elevated Railroad Company, Nassau Electric Rail- road Company, Sea Beach Railway Company, and Coney Island and Gravesend Railway Company; Mr. Her- bert L. Bickford, of Counsel for Third Avenue Railroad Company and Frederick W. Whitridge, its Re- ceiver, 42d Street, Manhattanville and St. Nicholas Avenue Railway Company and Frederick W. Whit- ridge, its Receiver, Dry Dock, East Broadway and Battery Railroad Company and Frederick W. Whitridge, 386 its Receiver, Southern Boulevard Railroad Company and Kingsbridge Railway Company; Mr. T. J. Mul- len, representing Richmond Light and Railroad Company and Staten Island Midland Railway Company; Mr. C. L. Addison, representing Ocean Electric Railway Company; Mr. Brainerd Tolles, of Counsel for Second Avenue Railroad Company and George W. Linch, its Receiver, and Central Park, North and E^st River Railroad Company; Mr. E. L. Crum, representing Yonkers Railroad Company and Leslie W. Suther- land, its Receiver; Mr. S. W. Huff, representing the Coney Island and Brooklyn Railroad Company; and Mr. Henry H. Whitman, Assistant Counsel to the Commission; it is Ordered: That said companies and said receivers obey, observe and comply with the following direc- tions or requirements : HEATING REGULATIONS. ELECTRIC CARS. (i) All closed cars in service for the transportation of passengers between the 15th day of October and the 15th day of April in each year shall be equipped with suitable apparatus for heating by electricity. (2) Every company shall during the period above named, whenever the outside temperature is less than forty degrees (Fahrenheit), maintain in all closed cars in service for the transportation of passen- gers a temperature of not less than forty nor more than sixty-five degrees above zero (Fahrenheit), unless the company is temporarily prevented from so doing by storm, accident or other controlling emergency for which it is not responsible and which is not due to any negligence on its part. HORSE CARS. (i) All closed cars in service for the transportation of passengers between the 15th day of October and the 15th day of April in each year shall be equipped with suitable apparatus for heating. (2) Every company during the period above named, whenever the outside temperature is less than forty degrees (Fahrenheit), shall maintain in all closed cars in service for the transportation of passengers a temperature of not less than forty nor more than sixty-five degrees above zero (Fahrenheit), unless the company is temporarily prevented from so doing by storm, accident or other controlling emergency for which it is not responsible and which is not due to any negligence on its part. And it is further Ordered : That a copy of such regulations relating to electric cars, with the added words, "By Or- der of the Public Service Commission for the First District,'' be displayed conspicuously in each of said closed electric cars, and that a copy of such regulations relating to horse cars, with the like addition, be displayed conspicuously in each of said horse cars, both of such notices to be in a form approved by the Commission. And it is further Ordered: That this order shall take effect on the loth day of December, 1909, and shall continue in force until modified or abrogated by the Commission, except that said order shall not take effect as to the New York and Queens County Railway Company, Long Island Electric Railway Company and New York and Long Island Traction Company until the loth day of January, 1910. And it is further Ordered : That each of said companies and said Receivers within five days after service upon them of this order notify the Commission in writing whether the terms of said order are accepted and will be obeyed. Travis H. Whitney, Esq., New York, November 27th, 1909. Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your letter of the 23rd instant, enclosing final order in case No. 11 70, by which I am directed to see that all my cars are equipped with suitable apparatus for heating, and that the tem- perature in all of them shall be maintained at not less than 40 nor more than 65 degrees, Fah- renheit, and that a copy of these regulations be placed in the cars; and finally you ask whether this order of the Commission is accepted and will be obeyed. In reply I would say that all the cars controlled by me are equipped with the best heating apparatus known, and I sent to you, months ago, a copy of my regulations in respect to the same, all of which I assume you approved, as I have heard nothing to the contrary. I consider that I have thus done everything in my power to effect the result you have seen fit to order. 387 I accept your order No. 1170 and so far as it is applicable to me personally, I shall obey it cheerfully. But whether the temperature will be maintained as you have ordered that it shall be maintained, the Lord only knows. Yours very truly, , Receiver. New York, November 23, 1909. Frederick W. Whitridge, Esq., Receiver, Dry Dock, East Broadway and Battery Railroad Company, 130th Street & Third Avenue, New York City. Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of a Complaint Order in Case No. 1 178, adopted by this Commission at its meeting to-day upon the complaint of Wilson & Towne Paper Company, et al, against the Dry Dock, East Broadway and Battery Railroad Company, et al., in regard to tracks on North Moore Street. \ Rule VIII adopted by the Public Service Commission requires the original answer to be filed with the Secretary of the Commission at its office within the time specified, and a copy thereof at the same time to be served personally or by mail upon the complainant, and the Commission so notified. The answer must specifically admit or deny the material allegations of the complaint, and also set forth the facts which will be relied upon to support any such denial. If satisfaction is made before answering, a written acknowledgment thereof by the complainant must be filed. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Sec- tion 23 of the Public Service. Commissions Law. Very truly yours, TRAVIS H. WHITNEY, JHG/EH Secretary. STATE OF NEW YORK, Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. WILSON & TOWNE PAPER COMPANY, ET AL., Complainants, AGAINST _ , Case No. 1178. THE DRY DOCK, EAST BROADWAY & BATTERY RAILROAD COM- / Complaint Order. PANY, and FREDERICK W. WHITRIDGE, its Receiver, Defendants. Tracks on North Moore Street between West Broadway and Washington Street. I This matter commg on upon the complaint of Wilson & Towne Paper Company, et al, dated No- vember — , 1909, and received on November 23, 1909, by which it appears that said complainants are ag- grieved by acts done or omitted to be done by the above named company and its Receiver, said defendants, and set forth in said complaint which are claimed to be in violation of some provision of law, or of the terms of defendants' franchise, or of an order of this Commission. NOW, upon said complaint, it is ORDERED: That a copy of said complaint be forwarded to the Dry Dock, East Broadway & Bat- tery Railroad Company and Frederick W. Whitridge, its Receiver, said defendants, and that the matters therein complained of be satisfied or the charges in such complaint set forth be answered in writing by said defendants within ten days after service upon them of this order, exclusive of the day of service. 388 PUBLIC SERVICE COMMISSION, FIRST DISTRICT. IN THE MATTER OF The Petition of WILSON & TOWNE PAPER COMPANY and other persons similarly situated, against the DRY DOCK, EAST BROADWAY & BATTERY RAILROAD COMPANY, relative to repairing its tracks on North Moore Street, between West Broadway and Washington Street, Manhattan, New York City. Your petitioners respectfully allege as follows : I. That the Dry Dock, East Broadway & Battery Railroad Company is a New York Corporation and operates a line of horse cars upon the surface of North Moore Street, in the Borough of Manhattan, New York City, between West Broadway and Washington Street. II. That upon said North Moore Street between said West Broadway and said Washington Street said Dry Dock, East Broadway & Battery Railroad Company's tracks consist of old-fashioned round-topped rails of such a character or laid in such a way that wagons, trucks and other vehicles when loaded are unable after geting upon said tracks to get off of them again without great trouble, delay and inconvenience. III. That North Moore Street between the blocks above mentioned is a street upon which much heavy trucking is done and that because of the condition of said track many of said trucks become stalled in said street, frequently breaking or otherwise injuring their wheels when endeavoring to pull out of said track, with the result that North Moore Street, between the two streets above mentioned, is constantly blocked and impassable by vehicles. IV. That your petitioners are individuals, firms and corporations owning or leasing property on said North Moore Street between said two streets, and that the above described situation causes them great ex- penses, annoyance and delay in connection with the handling of their business. Your petitioners further allege that the congested condition of said street, as above described, renders it impossible for fire apparatus to get through the street and very seriously affects the protection from fire to which your petitioners are entitled. Your petitioners, therefore, pray that the Dry Dock, East Broadway & Battery Railroad Company be directed to repair its tracks on said North Moore Street between West Broadway and Washington Street by removing said old-fashioned rails and replacing them with modern flat rails, such as are now used by other surface lines generally throughout the City of New York. Dated, New York, November , 1909. Wilson & Towne Paper Co., 28 North Moore St., per F. W. Wilson. Pettit and Reed, S. K. Reed, Secy., 38-40 North Moore St. Seeman Bros., 53-63 North Moore St. Van Loom, Maguire & Gaffney, 64 and 66 North Moore St. Lachman & Jacobi, H. Kosh, Treas., 65-67 North Moore St. D. Kaplan & Co., 42 N. Moore St. E. L. Lowe, 34 North Moore St. Merchants Refrigerating Co., 27-37 North Moore St. H. A. Metz & Co., A. H. Hein, Asst. Secy., 39-41 North Moore St. Libby, McNeil & Libby, C. M. Walterson, Mgr. Farbenfabriken of Elberfeld Co., Wm. Diestel, Treas., 117 Hudson St. William Hein, Jr., 34 North Moore St. Worthen & Aldrich Co., 25 North Moore St. Michael Pascarella, 2-4 North Moore St. , Wright & Graham Co.. 8 North Moore St., per S. Samuell. Basische Company, C. B. Mayer, 20-24 North Moore St. Mullen & Vultre. 9 North Moore St. 389 Travis H. Whitney, Esq., New York, November 26th, 1909. Secretary, Public Service Commission, 150 Nassau Street, New York. Dear Sir: I have yours of the 23rd enclosing complaint order No. 1178 in respect to the condition of the Dry Dock, East Broadway & Battery Railroad Company's tracks on North Moore Street. In reply thereto, I beg to say that I am quite aware that the condition of the tracks on that street is unsatisfactory, and it may be as bad as the complaint states. I am not, however, prepared to deal with them quite yet, even if I had the money, for I don't know but that it may be cheaper to abandon them. In any case, however, you are aware that the Reorganization Committee arranged to pro- vide a million dollars for the repair of tracks. You are also aware that your Commission re- jected their plan for raising that money. I understand another plan is to be submitted to the Commission and until that plan is approved, or the money otherwise raised, I don't see what I can do. If there is anything you can suggest, I shall be happy to do it. Meantime, such an order from your Commission as is indicated, would, under present conditions, be like the order of Pharaoh — number unknown — to the Hebrews in respect to the manufacture of bricks. Yours truly, Copy sent to each of the- complainants. Receiver. Messrs. Pettit & Reed, ' New York, November 27th, 1909. 38-40 N. Moore Street, City. Dear Sirs: I enclose herewith copy of my reply to your complaint dated November, to the Public Ser- vice Commission in respect to the tracks on North Moore Street. I am anxious to meet the de- mands of the public in respect to this and all other matters, but at the moment it is impossible for me to do anything. I hope within a month or two to be able to take the matter up and I hope to be able to- dispose of it to your satisfaction and that of the Commission. Yours truly, ."enclosure : Receiver. Similar letter sent to each complainant. Public Service Commission, I West ilith Street, N. Y. City. N. Y. City, Nov. 25, 1909. Gentlemen : The Union Railway Co. has a waiting room at corner McLean Ave. and Webster Ave. and I wish to make protest that this room is closed at night in this weather. Cars run only about every" twenty min- utes at night and as this place is the connecting point of travel on the East side, between N. Y. City and Yonkers, I think this matter should be called to your attention. Yours very truly, (Signed) JOHN C. WESTON. 390 New York, November, 29th, 1909. Public Service Commission, 154 Nassau Street, New York City. Dear Sirs: ' I have yours of the 27th enclosing complaint of Mr. John C. Weston in respect to closing of the waiting room at the corner of McLean and Webster Avenues. In reply thereto I beg to say that this waiting room was erected by me as a public con- venience, without any request or complaint from anybody as to its absence. It has only been opened one week. Of course it is intended to be kept open at night and if it was shut and Mr. Weston wanted to sit in it, there must have been some special reason for it. I hope the Public Service Commission will share my amusement at finding that a public convenience installed through an excess of zeal on my part, should almost immediately be the subject of a complaint. Yours truly, Receiver. New York, November 29th, 1909. Mr. John C. Weston, I West I nth Street, City. Dear Sir: I send you herewith copy of my reply to the Public Service Commission to your complaint dated November 24th. Yours truly, Enclosure : • Receiver. New York, December 2nd, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: Referring further to your letter of November 23rd in respect to complaint order No. 11 78. I enclose to you herewith a report from my engineer in charge of the Maintenance of Way, from which it would appear that the situation is not quite as bad as the complainants think it is, and inasmuch as the amount required to make the repairs which seems to us necessary, is so much smaller than I expected, I am happy to assure the Commission that I have directed the work to be done forthwith. Yours truly. Enclosure : Receiver. 391 New York, December 2nd, 1909. Mr. E. M. T. Ryder, Engineer, Maintenance of Way. Dear Mr. Ryder: Mr. Maher hands me your letter of November 30th in respect to Public Service Com- mission Order #iiyS, as to the condition of the tracks on North Moore Street, from which it appears that the cost of doing what work you consider necessary, is not exceeding $7000. I de- sire that you will proceed to make the repairs in accordance with your suggestion not exceeding the above amount. Yours truly, Receiver. November 30th, 1909. Re: NORTH MOORE STREET, PUBLIC SERVICE COMPLAINT ORDER IN CASE NO. 1 178. Mr. E. A. Maher, General Manager. Dear Sir: I am returning herewith letter from Travis H. Whitney to Mr. Whitridge, dated Novem- ber 23rd, and attached certified copy of a complaint order in case No. 11 78. I notice that Mr. Whitney's letter states in paragraph three "The answer must specifically admit or deny the material allegations of the complaint, and also set forth the facts which will be relied upon to support any such denial." Accordingly I beg leave to report as follows: Referring to the numbered paragraphs of the petition: Paragraph No. i — The allegation IS correct. Paragraph No. 2 — The allegation is incorrect in stating that "the old-fashioned round-topped rails" extend from West Broadway to Washington Street, as they extend only from West Broadway to Greenwich Street. The rails from Greenwich to Washington Streets are trilby rails and the pavement is of granite and in good condition. The allegation is further technically incorrect in stating that the rails are "round-topped" as the rails are of the flat, center bearing type, spiked to wooden stringers. The allegation, however, is practically correct in its statement that the rails are "of such a character, or laid in such a way that wagons, trucks and other vehicles when loaded are un- able after getting upon said tracks to get off of them again without great trouble, delay and in- convenience." The pavement between the rails is of small Belgium block, irregularly laid and is in poor condition. The rails themselves are old and much worn, and the timber on which they rest is so decayed that in many places it does not hold the spikes well. Paragraph No. 3 — The allegation refers to the injury of wagons and blocking of traffic by reason of the condition of the track. It is probably correct to a limited extent. .392 Paragraph No. 4 — The allegation that it is "impossible for fire apparatus to get through the street" is, of course, untrue, but the movement of fire apparatus is doubtless somewhat impeded by the condition of the tracks. The length of flat rail track from West Broadway to Greenwich Street is about iioo feet, and the estimated cost of replacing it with trilby rail, laid on creosote ties with a new granite pavement is from $5.50 to $6.50 a foot, depending on whether old or new rail is used. This would amount in total to from $6,ooo.cx) to $7,000.00. Yours very truly, (S) E. M. T. RYDER, Engineer, Maintenance of Way. ^Frederick W. Whitridge, Esq., New York, November 30th, 1909. Receiver, 3rd Ave. R. R. Co., 130th St. & 3rd Avenue, New York City. Dear Sir: On October 30th, at 6:05 A. M., a policeman was caught between car No. 1044 and an iron pillar at jour car barn at 3rd Ave. & 65th Street. Our information is that the clearance between cars passing around this curve, especially the P. A. Y. E. type, and the pillar is but a few inches. The Commission would be pleased to have you give further particulars of the accident, and also to state if it is possible to remove what appears to be a dangerous condition. Very truly yours, TRAVIS H. WHITNEY, EGC/LEK , Secretary. Travis H. Whitney, Esq., New York, December 7th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 30th ult. in respect to the accident at our car barn October 30th, when a policeman was crushed between car No. 1044 and a corner of the doorway. Your letter speaks of a pillar which makes me think there may be some misunderstanding. I send you herewith a memorandum of the facts of this accident, as reported to me, together with a photograph, from which you will see the exact situation. Clearly the policeman was where he had no business to be — inside the building — and undertook to come out together with the car. I don't see how a man with his eyes about him could have got into such a place. It will be possible to remove a part of the wall at the doorway at this point so as to make the entrance wider, or possibly to shift the track so as to get a few inches further clearance. All the track here at this point is expensive special work, and until the Road gets its appropriation for the repair to tracks, I do not want to undertake to do anything with it. I hope you will agree that, unfortunate as this accident was, it was clearly and solely the fault of the policeman, who was where he had no business to be. Yours truly. Enclosure : Receiver, 393 MEMORANDUM. REGARDING ACCIDENT WHICH OCCURRED ON OCTOBER 30TH LAST, AND RESULTING IN THE DEATH OF POLICE OFFICER JOHN C. MACKEY. At about 6 A. M. on said date car t ,1044 was standing on the second track from 65th Street, rails of which lead to northbound track. The front of car was located just inside of house line. Motornian, Jacob Schlick, states that he was assigned to said car and was walking toward it when he noticed the Of- ficer walking slowly around inside of the building and immediately to the south of said car. Both men greeted each other, passing the time of day, Motorman boarded front platform and was shutting the doors and otherwise preparing the car for service when the Officer passed around in front of car and proceeded to again walk slowly inside of building, passing on north side of car. Motorman states that when he last saw the Officer prior to the accident the latter was standing about 10 feet inside of house line. That at that moment he heard the Starter signal him — by whistle. Motorman tapped twice on foot gong and re- ceiving two bells from conductor started car. As front end of same took the curve and swung to the north motorman heard an outcry and at the same time receiving three bells brought car to a full stop on the curve. It appears from the testimony of witnesses that as the front of car took the curve the Officer became wedged between center of north side of car (6th panel) and the door jamb of sheet iron partition which is used as screen to ground floor of building. The injured man sustained fracture of rib which punctured the lung, death resulting shortly thereafter in the Presbyterian Hospital. Conductor, who was on rear platform, did not notice the Officer prior to the happening. We have, however, the testimony of acting watchman, William Maloney, who had been assisting the conductor in overturning the seats, and who as car started from the building alighted from rear platform. As he stepped to pavement he says he noticed the officer some 8 or 10 feet inside of building and that just as car started he saw the Policeman, who had been facing east, turn and walk a few steps westwardly with car, the mishap resulting. A careful canvass about the scene of accident was made on the date of occurrence, but no additional eye witnesses could be located. We recently learned that motorman Furlong, badge 838, of the Third Ave. Division, saw Officer Mackey, standing within a few feet of the point where he was injured about half an hour prior to time of accident and that he at that time warned Mackey that he was in a dangerous position as cars passed in and out at short intervals. There has evidently been some inclination of the part of Mackey's brother officers to "cover" him as the police blotter reads in part "while standing in dooi-way leading to car barn," etc. However, there is no testimony available by which this theory could be proved. The coroner's inquest took place this A. M. The employee witnesses referred to hereinbefore testified. An Officer attached to the East 67th Street Police Station also took the stand, stating that he did not know of the existence of any eye witnesses other than watchman Maloney. Motorman was discharged from custody. To fully remove the probability of a similar accident, and in order to procure more clearance between the track and the northerly jamb of the door, it would be advisable to move said jamb about one foot further north, thereby increasing the width of the door one foot. This would give eighteen inches clearance on the narrow portion of the curve, and would be the most practicable manner of remedying the trouble. Dated, December 6th, 1909. New York, December 9, 1909. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: In reference to the accident at the car barn at 65th Street in which the police officer was killed, it appears that the situation has been carefully investigated and considered by you. No doubt your infor- mation would have suggested anything that could be done or ought to be done to make the place safer, and the papers will be filed without further attention. Yours very truly, GFD/CWT. TRAVIS H. WHITNEY, Secretary. 394 (Copy.) New York, Nov. 29, 1909. Gentlemen : I herewith enclose a transfer ticket issued by the loth Avenue Branch of the Broadway Line. I un- derstand this transfer ticket is good for transfer to the 59th Street Crosstown cars at 59th Street and loth Avenue ; would you kindly let me know why this fact is not printed on these transfers and oblige, Respectfully yours, 285 Central Park West. (Signed) OTTO KAUFMAN. To the Public Service Commission. Travis H. Whitney, Esq., New York, December 4, 1909. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 2nd instant together with a communication from Mr. Otto Kaufman in respect to the form of transfer tickets issued on the Tenth Avenue Branch of the Broadway Line. The reason why the transfer to 59th Street is not printed on these tickets is because the form was settled by counsel. Frankly I do not know why the counsel omitted the 59th Street Road. I think it is barely possible that the matter was of so little importance that we were trying to save printing. Yours truly, Copy to Mr. Otto Kaufman. Receiver. Mr, Otto Kaufman, New York, December 4, 1909. 285 Central Park West, New York City. Dear Sir: I have received from the Public Service Commission copy of your complaint to them in re- spect to transfer tickets issued on the Tenth Avenue Line, and enclose herewith copy of my reply. Yours truly, Enclosure : Receiver. Mr. F. W. Whitridge, Receiver, New York, December and, '09. 42nd St. Manhattanville & St. Nicholas Ave. R. R. 130th Street & 3rd Avenue, New York City. Dear Sir : — In further reference to providing stop-signs in designated locations for the Crosstown, Broadway & loth Avenue cars in the vicinity of Grand Central Station, as taken up informally through Mr. Maher, conferences have been held with interested parties in reference to obtaining suitable and con- venient locations for such stops. You will be interested in the following locations : — I : — For westbound cars in 42nd St. just west of Vanderbilt Avenue. Mr. S. G. Rhodes of the New York Edison Company, 117 West 39th Street, will give permission to erect a sign on their post at the northwest comer of Vanderbilt Avenue & 42nd Street. The type of sign will have to be approved by Mr. E. F. Lacombe, Chief Engineer, Dept. of Water Supply, Gas & Electricity. At Mr. Lacombe's office we were informed that they would approve any suitable sign. 395 2: — For eastbound cars in 42nd Street opposite Lincoln Trust Company building. Mr. Murphy, Secretary & Treasurer of the Company, was willing to permit a sign to be attached to their canopy support. It has been suggested to Mr. Oren Root that he provide this sign. 3 : — At the east side of Park Avenue in 42nd Street, the signs can be attached to the Elevated structure. Your relations with the Interborough Company are such that it has been assumed that you will have no difficulty in securing permission for attaching these signs. We have not taken this matter up with them. Passengers using the above lines are subjected to considerable inconvenience now, because of their lack of knowledge of the stopping places. It is hoped that signs as suggested can be installed within a short while, and pending the installation of the signs, that the car crews will be instructed to announce ihe designated stopping places. Please reply stating when the necessary signs can be installed. Very truly yours, DLT/AJC. TRAVIS H. WHITNEY, Secretary. New York, December 7th, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 2nd in reference to the location of signs at 42nd Street, and am very much obliged to the Commission for the trouble they have taken in finding out where these signs may be located. Tt will undoubtedly be a convenience to have such signs, and I have in- structed that they be located substantially at the points mentioned by you, which will be illum- inated by night and visible by day. I do not know exactly how long it will take, but I think it ■will be done practically at once. Yours truly, Receiver. New York, December 7, 1909. Erederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Company, 130th Street & Third Avenue, New York City, N. Y. Dear Sir: Transmited herewith, and hereby served upon you is a certified copy of an Order in Case No. 1181, adopted by this Commission at its meeting today, directing a hearing upon the application of the Bond- holders' Committee of the Third Avenue Railroad Company for the approval of a certain plan of re-organi- zation and issue of securities thereunder. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of section 23 of the Public Service Commissions Law. Very truly yours, TRAVIS H. WHITNEY, JHG/HJC Secretary. 396 Case No. 1181, Hearing Order with Notice. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Application of JAMES N. WALLACE, ADRIAN ISELIN, EDMUND D. RANDOLPH, MORTIMER L. SCHIFF, JAMES TIMPSON, and HARRY BRONNER, composing a Bondholders' Committee of Bonds issued under the First Consolidated Mortgage of the THIRD AVENUE RAILROAD COMPANY, dated May 15, 1900; for Approval of the Issue of $15,790,000. First Refunding Mortgage Bonds, $22,536,000. Adjustment Mortgage Income Bonds, $16,590,000. Capital Stock by a New Company contemplated in the Plan of Reorganization of said Third Avenue Railroad Company. WHEREAS, it appears that James N. Wallace, Adrian Iselin, Edmund D. Randolph, Mortimer L. Schiff, James Timpson and Harry Bronner, composing a Bondholders' Committee of Bonds issued under the First Consolidated Mortgage of the Third Avenue Railroad Company, dated May 15, 1900, have prepared a plan for the reorganization of said Third Avenue Railroad Company, which plan contemplates the formation of a new company and the issue by it of new securities ; and WHEIREAS, the Public Service Commission for the First District has received the petition of the said Committee, verified December 2, 1909, praying the approval of the Commission to the plan and agreement for reorganization and for an order stating that in the opinion of the Commission the capital to be secured by the aforesaid securities is reasonably required as prayed in said petition, it is ORDERED, That said petition and application be heard by the Commission on the 15th day of December, 1909, at 2:30 o'clock in the afternoon. That said Committee of Bondholders prior to the time of said hearing file with the Commission 25 printed copies of the petition and plan for reorganization and publish a notice of the time and place of the said hearing upon said petition in the following newspapers published in the City of New York, namely : The New York Commercial and the Evening Post, upon at least three separate days prior to the date of said hearing, which notice shall contain a statement that copies of the petition and plan for reorganization may be obtained upon application to a specified address by creditors, bondholders or stockholders of the Third Avenue Railroad Company, and file proof of said publication with the Secretary of the Commission on or before the opening of said hearing. The notice shall be in the following form, to wit: NOTICE. NOTICE IS HEREBY GIVEN that the undersigned, composing a Bondholders' Committee of Bonds issued under the First Consolidated Mortgage of the Third Avenue Railroad Company, dated May 15, 1900, have made application to the Public Service Commission for the First District for the approval of said Commission to a plan and agreement for reorganization of said company and the issue by a new company thereunder of $15,790,000. First Refunding Mortgage Bonds, $22,536,000. Adjustment Mortgage Income Bonds, $16,590,000. Capital Stock, and the said application will be heard by and before said Commission at its office, No. 154 Nassau Street, Borough of Manhattan, City of New York, on the 15th day of December, 1909, at 2 130 o'clock in the afternoon, and that copies of said petition and plan of reorganization may be obtained by creditors, bondholders or stockholders of the Third Avenue Railroad Company upon application to the undersigned at in the City of New York. Dated, New York, December , 1909. JAMES N. WALLACE, ADRIAN ISELIN, EDMUND D. RANDOLPH, MORTIMER L. SCHIFF, JAMES TIMPSON and HARRY BRONNER, composing a Bondholders' Committee of Bonds issued under the First Consolidated Mortgage of the THIRD AVENUE RAILROAD COMPANY, dated May 15, 1900. 397 Travis H. Whitney, Esq., New York, December 8th, 1909. Secretary, Public Service Commission, 154 Nassau Street, Dear Sir: I have yours of the 7th enclosing Hearing Order No. 1181, for which I am much obliged to you. Yours truly, Receiver. THE NORTH VAN NEST TAXPAYERS' ASSOCIATION. Morris Park & White Plains Aves., Bronx, N. Y. Nov. 29, 1909. Public Service Commission, Tribune BIdg., N. Y. City. Gentlemen : > I have been instructed by the above Association to call your attention to the unsatisfactory service of the Union Railway in this section of the Bronx. At present, most of the Boston Road cars are switched back at West Farms, allowing only a few cars to come up Morris Park Avenue, to serve this section. Last year, when a Committee called on the officials of the Union Railway Co., asking that all Boston Road cars be sent up Morris Park Avenue, they stated that, as soon as Morris Park Ave. was paved and put in order, they would send all Boston Road cars up Morris Park Avenue. Morris Park Ave. has been in perfect order for some time and the Union Railway Co. has failed to keep their promise. Therefore we would ask you to look into this matter and give us the relief which we are positive we are entitled to. In the last three years this section has increased fully 100% in population and many of the people would gladly ride in the mornings and at night, if there were suitable service, and it is a well-known fact that people, getting off at the subway station at 177th Street, to take a Morris Park Avenue car, reach their destination in Van Nest much later than those who ride, to the station at i8oth St. and walk home. This walk is not very pleasant at all times of the year, and a growing section like this ought to have the same schedules on its surface line as well as any other part of the City. We are commercially and geographically a part of New York City and desire to be treated the same as any other part of the City. Thanking you in advance and asking you to give this your immediate attention, I remain Very respectfully yours, JOSEPH W. ROSENZWEIG, 1833 Holland Ave., Corresponding Secy. Bronx, N. Y. Travis H. Whitney, Esq., New York, December loth, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 8th enclosing the complaint of Joseph W. Rosenzweig. It is quite true that last year some Committee asked that the Boston Road cars should be sent up Morris Park Avenue. It is not true that we ever said that all of them would be so sent up, and until the paving of that road was finished we thought it inadvisable to send up any at all. That work 398 has now been completed and I am quite ready to send up a certain number of cars during the rush hours in the morning and the evening to see whether or not such service would pay. We have not done so hitherto because the traffic appeared to be insufficient, I am quite ready to make the experiment and have directed that it be made. I do not propose to send up all the Boston Road or West Farms cars, but only such number as I suppose will be necessary to accom- modate the traffic Mr. Rosenzweig presupposes. In reference to this matter I refer you to a letter written by my General Manager of March 23rd last which states more fully the situation. Yours truly, Copy to Mr. Rosenzweig. Receiver. New York, December loth, 1909. Mr. Joseph W. Rosenzweig, 1833 Holland Avenue, Bronx. Dear Sir: The Public Service Commission have sent me copy of your complaint to them and I enclose herewith copy of a letter I am sending them to-day in respect to the matter. Yours truly, Enclosure : Receiver. MEMORANDUM. The annexed letter is a copy of one sent to the Public Service Commission some time ago, upon the question of operating cars upon our West Farms Line through to Morris Park. The improvements referred to have been completed, and we are of the opinion to operate cars during the morning and evening rush hours to the point designated will not increase very materially the expense of operation, and will satisfy the parties complaining of the service. To be asked to operate all of the cars of this line, during the entire day, is unreasonable and unnec- essary, and we do not believe the Commission will insist upon it. E. A. M. New York, March 23rd, 1909. Travis H. Whitney, Esq., Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Answering the complaint of James J. Mulkeon, in which he requests the Commission to take steps to ascertain if the residents of the districts adjacent to Morris Park would not be bet- ter served, and the Union Railway Company be not subjected to undue expense or hardship by the running of all cars from 128th Street via Boston Road to the terminal of Morris Park Avenue line at the same intervals for day and night service as the cars are now operated, we desire to submit the following: .399 1st. The schedule under which the West Farms line is operated is one that was ordered by the Commission of the date of November 27th, 1907, after a thorough investigation had been made by inspectors of the Commission as to traffic requirements and conditions upon the lines of the Union Railway Company. Since that order went into effect the Company's officers have endeavored to faithfully carry out the schedule in detail, and we are of the opinion the service is satisfactory to a large percentage of its patrons. 2nd. From actual figures presented we find that about ninety per cent, of the passengers- carried upon the West Farms line live or do business in that part of the territory lying west and south of the West Farms terminal, and to verify those figures we had a canvass made of the num- ber of passengers carried from March 14th to 20th, inclusive upon this line, and which shows of a total of 125,452, there was 103,763 boarded or alighted from cars south of the West Farms terminal, and 11,689 boarded or alighted from cars east of the West Farm terminal. To ask the Company to give the same measure of service in a sparsely settled territory as is required in a thickly populated one is unreasonable. 3rd. To extend the service so that all cars upon the West Farms line should be operated as suggested in the complaint, would mean an increase of 16% in the number of cars necessary to cover the lines under the present schedule, with a corresponding increase in car mileage and cost of operation, and without any expected increase in earnings or in the number of passengers carried. 4th. We are informed that a contract has recently been made by the City Authorities, for the paving, grading and curbing of Morris Park Avenue, for its entire length, and while the improvement is under way, it will mean much interruption to traffic upon the Avenue, a conse- quent delay in the operation of cars, and inconvenience to the patrons of the line, a large per- centage of which would not be effected if the present schedule and method of operation is not interfered with. 5th. We would respectfully suggest, with a desire to please our patrons as a counter prop- osition, that, when the proposed improvements on Morris Park Avenue are completed, that the Company operate all its West Farms cars from 128th Street to Morris Park Avenue terminal during the rush hours, mornings and evenings, and to operate a sufficient number to maintain the present schedule, during these hours, which service in our judgment would be satisfactory to every reasonable patron of the line. Yours very truly, (Signed) EDWARD A. MAKER, General Manager Under Receiver. Frederick W. Whitridge, Esq., New York, December nth, 1909. Receiver, 3rd Avenue R. R. Co., 130th St. & 3rd Avenue, New York City. Dear Sir: Referring to yours of the 4th inst. in reference to communication from Mr. Otto Kaufman in respect to the form of transfer tickets issued on the Tenth Avenue Branch of the Broadway Line : As long as there is an interchange of transfers between your loth Ave. branch and the 59th St. Line, the designation should be printed on the transfer tickets. 400 The transfer tickets issued by the 59th St. Line have this designation printed on them. The tickets issued by your loth Ave. line have nothing on them to showr that the ticket is good on the 59th St. Line, and I would respectfully ask that you have the designation of transfer to the 59th St. Line printed thereon on the next lot of tickets ordered by your Company. Will you kindly advise the Commission if this is agreeable. Very truly yours, EGC/LEK TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, December 13, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the nth instant in respect to the transfer tickets from the Tenth Avenue Line to 59th Street, and I have directed my people the next time these tickets are printed, to have the transfer to the 59th Street Line mentioned thereon, in accordance with your request. Yours truly, Receiver. Mr. Frederick W. Whitridge. New York, December 17, 1909. Receiver, Third Ave. R. R. Co., 130th St. and 3rd Ave.. New York City. Dear Sir: We are transmitting to you under separate cover, ten blueprints of a tabulation of the passenger travel, by half hour periods, for 24 hours, to and from Manhattan crossing the East River. The observations were taken as follows : Brooklyn & Queensborough Bridges, Tuesday, Nov. i6th, Williamsburgh Bridge, Wednesday, Nov. 17th, Subway, Thursday, Nov. i8th, Ferries, Nov. i6th and 17th, The sheets are numbered as follows : P. 504 — I and 2 Brooklyn Bridge 3 and 4 Williamsburgh Bridge 5 Queensborough Bridge 6 and 7 Ferries 8 Subway 9 Comparison of 1908 and 1909 • " 10 Summary. Very truly yours, DLT/GES TRAVIS H. WHITNEY. Inv. 1362 Secretary. End. Travis H. Whitney, Esq., New York, December 21, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir : I have yours of the 17th enclosing to me ten blue prints of tabulations of the passenger traffic between Manhattan and Brooklyn for twenty-four hours. I suppose, if I were a trained 401 railroad man, I should know what it was* all about, but as it is I am unable to see that the tabulations contained in these sheets are of any use or interest to any man, woman or child on earth, except possibly some statistician. Yours truly. Receiver. New York, Dec. 17th, 1909. The Public Service Commission, New York. Gentlemen : I beg leave to call your attention to the Amsterdam Avenue cars. I think I can safely say that they have not been heated so far this season; besides this the doors on many of the cars get out of order very easily, which keeps the front door of the car open, the door becoming jammed. This morning car 443 had two of the ventilating windows broken, one pane of glass being entirely out and another had only one-half a pane. By giving this matter your kind attention, you will greatly oblige, Yours most respectfully, (Signed) J. N. BOYD, 366 Fifth Ave., New York. New York, December 21, 1909. Travis H. Whitney, "Esq., Secretary, Public Service Commission, 154 Nassau Street New York City. My dear Sir : I have yours of December 20th enclosing complaint of Mr. J. N. Boyd. This is evidently sent to me by mistake. All my cars are heated, the doors are not out of order, no ventilators are broken, and, in particular, we have no such car as No. 443 running on Amsterdam Avenue. I think Mr. Boyd must have got on a green car, or a blue car, or a car that has not yet been repainted any color, belonging to somebody else. Yours truly, Receiver. New York, December 21, 1909. Mr. J. N. Boyd, 366 Fifth Avenue, New York City. Dear Sir: I have received from the Public Service Commission copy of your complaint in respect to car #443, and enclose herewith copy of my reply. Yours truly, Enclosure : Receiver. 402 F. W. Whitridge, Esq., Receiver, 42nd St., Manhattanville & St. N. Ave. R. R. Co., New York City, N. Y. New York, December 21, 1909. Dear Sir: I enclose herewith a copy of a letter from which you will gather the impression that Messrs Murtha & Schmohl are far from satisfied with the efforts which have been made to satisfy their complaint regard- ing the condition of the tracks on 109th Street between First and Pleasant Avenues. It was assumed from your answer of November i8th that you had the matter in hand and would satisfy the complaint, and for that reason no further attention was given it by this office. I submit the matter to you again in the belief that you have been erroneously led to believe that your orders for the repair of the tracks had been carried out and the complaint satisfied. Will you please give the matter immediate attention, and advise the Commission as soon as possible what will be done to remedy the conditions complained of. Yours very truly, TRAVIS H. WHITNEY, GFD/PG Secretary. C-3935 Travis H. Whitney, Esq., New York, December 23rd, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 21st, but the letter of Messrs. Murtha & Schmohl was not enclosed. At the time of your former letter in respect to this business I inquired what was necessary to be done. I found that to relay the entire track on 109th Street would cost four or five thou- sand dollars, but that it might be put in what we supposed to be sufficiently good shape to re- lieve Messrs. Murtha & Schmohl's minds for a few hundred. I directed that this expenditure should be made. I have this morning been served with papers in a suit by the Attorney General, to forfeit the franchise in these streets and others, and I read in the public prints that the suit is brought at the instance of the Public Service Commission. Of course, what the fact is I do not know. I can hardly conceive that the Public Service Commission would be suggesting suits to for- feit the franchise on streets on which they were, at the same time, asking me to spend money.* It may be that it will be desirable to let the franchise go on 109th Street and Pleas- ant Avenue. I have been talking with the Board of Estimate's engineer with reference to find- ing some outlet for the iioth Street Line, and have contemplated asking for an extension to the 86th Street ferry, or I am ready to do anything else which the Board of Estimate or the Public Service Commission may suggest to make this iioth Street Line a public convenience. These suggestions have been and are made on the assumption that the plan of reorganiza- tion was likely to go through, which would enable me to buy suitable cars and pay for the new track. In view of this suit of the Attorney General, and until I have further informa- tion, I am not disposed to do anything at all. Yours truh". Receiver. ♦This letter was not answered. 403 Frederick W. Whitridge, Esq., December 23, 1909. Receiver, Third Avenue Railroad Co., Third Avenue and 130th Street, New York City. Dear Sir: I shall appreciate it if you will cause the regular monthly report of accidents to be made up and forwarded to this office for the month of December by January 5th. These reports are regularly filed by the loth of each month, but for the final making up of the annual report it will be of very great convenience if we can have it by the sth. Yours very truly, TRAVIS H. WHITNEY, GFD/CWT Secretary. Travis H. Whitney, Esq., New York, December 24th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 23rd instant and have directed that the monthly accident report should be furnished to you by the 5th instant in accordance with your request. Yours very truly, Receiver. Frederick W. Whitridge, Esq., December 23, 1909. Receiver, Union Railway Company, 130th Street and Third Avenue, New York City. Dear Sir : Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 517, adopted by the Commission at its meeting December 21, 1909, discontinuing the proceeding upon the complaint of Frank J. Flynn, in regard to the service after midnight on the East i6ist Street and Morris Avenue Lines. In connection with your acknowledgment hereof, I beg to call your attention to the Provisions of Section 23 of the Public Service Commissions Law. Verv trulv yours, JHG/EH ' ' TRAVIS H. WHITNEY, Secretary. Tribune Building, 154 Nassau Street, Borough of Manhattan, City of New York. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. FRANK J. FLYNN, Complainant, against UNION RAILWAY COMPANY AND FREDERICK W. WHITRIDGE, its I Case No. 517. Receiver / Discontinuance Defendants, f Order. "Failure to operate cars between i :oo and S :oo A. M. on a headway of twenty minutes." ORDERED : That the above entitled proceeding be, and the same hereby is, discontinued. 404 Travis H. Whitney, Esq., New York, December 24th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 23rd instant enclosing discontinuance order in Case #517, for which t am much obliged to you. Yours very truly, Receiver. Frederick W. Whitridge, Esq., New York, December 27, 1909. Receiver, Union Railway Company of New York City, 130th Street and Third Avenue, New York City, N. Y. Dear Sir : — Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 1 188, adopted by this Commission at its meeting to-day, approving an operating agreement between the Union Railway Company of New York City and the Westchester Electric Railroad Company. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Section 23 of the Public Service Commissions Law. Very truly yours, JHG/HJC. TRAVIS H. WHITNEY, Secretary. At a Meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 27th day of December, 1909. Present : William R. Willcox. Chairman, William McCarroU, Edward M. Bassett, Milo R. Maltbie, John E. Eustis, >■ Commissioners. In the Matter of The Application of the UNION RAILWAY COMPANY OF NEW YORK CITY, and Frederick W. Whitridge as its Receiver, and the WESTCHESTER ELECTRIC RAILROAD COMPANY, and J. Addison Young as its Receiver, ^^ Case No 1188. for the approval by the Public Service Commission for the First District under Section 54 of the Public Service Commissions Law of a contract dated December 6, 1909, affecting the franchises of said companies entered into by and between said companies and their receivers in reference to operation of cars on the lines of said companies. The Union Railway Company of New York City, and Frederick W. Whitridge as its Receiver, and the Westchester Electric Railroad Company, and J. Addison Young as its Receiver, having made appli- cation to the Public Service Commission for the First District by petition duly verified and filed and accompanied by the documents required by the rules of practice of the Commission for the approval by the Public Service Commission for the First District, pursuant to the provisions of Section 54 of the Public Service Commissions Laws, of a contract dated December 6, 1909, affecting the franchises 405 of said companies entered into between said companies and their receivers in reference to operation of cars as follows : (a) Operation by the Westchester Electric Railroad Company of its cars in common with the cars of the Union Railway Company of New York City over the tracks of the Union Railway Company of New York City in the Borough of the Bronx, City of New York, as follows: On the White Plains Road to Olin Avenue ; and along Olin Avenue to Webster Avenue ; and on Webster Avenue to the station of the Manhattan Elevated Railway Company at Bedford Park and (if mutually arranged) along Webster Avenue from Olin Avenue to the Yonkers city line. (b) Operation by the Westchester Electric Railroad Company of its cars in common with the cars of the Union Railway Company of New York City over the tracks of the Union Railway Company of New York City in the Borough of the Bronx, City of New York, as follows : On the White Plains Road to Morris Park Avenue; thence along Morris Park Avenue to the West Farms Road; thence along the West Farms Road to the Tremont station of the subway at West Farms. (c) Operation by the Union Railway Company of New York City of its cars in common with the cars of the Westchester Electric Railroad Company over the tracks of the Westchester Electric Railroad Company as follows : On the White Plains Road from 233rd Street in the Borough of the Bronx (otherwise known as Nineteenth Avenue, Williamsbridge) to the New Haven station in the City of Mount Vernon. And the Commission having fixed Friday, December 24, 1909, at 10:00 A. M., at the Hearing Room of the Commission, at No. 154 Nassau Street, Borough of Manhattan, City of New York, for a hearing upon said application and having directed that a notice of said application and of the time and place of said hearing, containing a statement of the routes over which it is proposed by said companies to operate cars in common, be published in certain newspapers and at certain times specified by the Commission. And said hearing having been had by and before the Commission at the time and place aforesaid, Commissioner Eustis presiding, George W. Davison, Esq., and Arthur M. Johnson, Esq., appearing for the petitioners and presenting proof of publication of notice of such application and hearing as required by the Commission ; and testimony having been taken upon said hearing ; and the Commission having deter- mined after said hearing that said contract should be approved, ORDERED, that said contract, dated December 6, 1909, made and entered into by and between the Westchester Electric Railroad Company, and J. Addison Young as its Receiver, and the Union Railway Company of New York- City, and Frederick W. Whitridge as its Receiver, be and the same hereby is approved. This approval is conditioned upon and subject to a grant by the Public Service Commission for the Second District of its permission and approval to the construction and operation by the Westchester Electric Railroad Company of certain Imes of railroad in Westchester County, New York, under a franchise granted by the Common Council of the City of Mount Vernon on September 27, 1909, and approved by the Mayor of that City on October 6, 1909, and a franchise granted by the President and Board of Trustees of the Village of Pelham Manor on or about November 8, 1909; and the approval by this Commission of said contract shall take effect only upon the grant of such permission and approval by the Public Service Commission for the Second District. Nothing herein contained shall be construed as an approval by the Public Service Commission for the First District of any part or parts of said contract requiring or authorizing a violation of or departure from the terms and conditions of any franchise or franchises heretofore granted to either of the aforesaid companies, or to the predecessors of either of them, or as a waiver by the Public Service Commission for the First District of any of its rights, powers and duties under the law to compel compliance by either of said companies with the terms and conditions of any such franchise or franchises or to super- vise, regulate and control said companies. Travis H. Whitney, Esq., New York, December 28th, 1909. Secretary, Public Service Commission, 154 Nassau Street, New York City. My Dear Sir: I have yours of the 27th transmitting to me certified copy of Final Order in Case #1188, for which I am very much obliged to you. Yours truly, Receiyer. 406 Mr. F. W. Whitridge. Recvr., New York, December 28th, '09. Union Railway Co., 2396 Third Avenue, New York City. Dear Sir:— Recent observations made by the Transportation Department covering the service on the 138th Street Crosstown line showed that adequate service is being rendered by your Company at all times, except between the hours of 5:00 & 8:00 P. M., during this period the eastbound cars carried overloads con- tinuously. The service rendered on the day of observation consisted of 23 cars between 5 :oo & 6 :oo P. M., 23 between 6:00 & 7:00 P. M. and 18 between 7:00 & 8:00 P. M. To adequately accommodate the traffic, at least a two minute headway should be maintained between 5:00 & 7:30 P. M. Will you kindly give this matter your attention and let us know at your earliest convenience what you will do to improve this service. Very truly yours, DLT/AJC. TRAVIS H. WHITNEY, Inv.#i5i2. Secretary. Travis H. Whitney, Esq., New York, December 31st, 1909. Secretary, Public Service Commission, 154 Nassau Street. City. Dear Sir: I have yours of the 28th instant in respect to service on 138th Street and will give this matter my attention. I have directed that a service be made which in the judgment of your engineer will be adequate. Yours truly, Receiver. Travis H. Whitney, Esq., January 3rd, '10. Secretary. Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: — Regarding the service complained of by your Transportation Department, covering the opera- tion of cars upon our 138th Street line between the hours of 5:00 and 8:00 P. M., we desire to state that the service has been very much interrupted and interfered with on that line, owing to the fact that improvements are under way on the Manhattan side of the temporary bridge, in connection with the re-building of the new bridge approaches. We have been compelled to take up one track and operate cars upon a single track over said bridge for a distance of several hundred feet, in order to accommodate the bridge builders, and owing to the narrowness of the temporary bridge, and of the great amount of vehicle traffic over same, delays frequently occur in the rush hours for which we are not responsible. It is almost an impossibility to shorten the headway under existing conditions, but we have, however, instructed our Superintendent to endeavor to do so if possible. Yours very truly, EAM/AIFT. General Manager Under Receiver. 407 Frederick W. Whitridge, Esq., New York, January 4, 1910. Receiver, Third Avenue Railroad Company, 130th Street and 3rd Avenue, New York City, N. Y. Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 1 170, adopted by this Commission on December 31, 1909, directing a hearing in regard to the forms of notices containing the heating regulations as prescribed by the Final Order therein. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Section 23 of the Public Service Commissions Law. Very truly yours, TRAVIS H. WHITNEY, JHG/HJC , Secretary. ST..\TE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. In the Matter of the Hearing on the Motion of the Commission on the Question of Imnrovements in the Service of the INTERBOROUGH RAPID TRANSIT COMPANY: MET- I - O^der for ROPOLITAN STREET RAILWAY COMPANY and ADRIAN H. JOLINE / p ^^^xP^Yi7o' and DOUGLAS ROBINSON, its Receivers : THIRD AVENUE RAILROAD ' ^^^ °' ^ ' COMPANY and FREDERICK W. WHITRIDGE, its Receiver; as regards heat- ing and heating regulations with respect to all closed cars carrying passengers operated in the City of New York. It is hereby ordered that a further hearing be had before Commissioner John E. Eustis on the loth day of January, 1910, at 2:30 o'clock in the afternoon or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau Street, Borough of Manhattan, City of New York, State of New York, to inquire whether the final order made herein on November 19, 1909, should be modified by prescribing approved forms of the notices required therein to be posted, and extending the time of the companies and receivers above mentioned to comply with said order, as so amended; and it is further ORDERED, that each of said companies and said receivers be given at least five days' notice of such further hearing by service upon each of them personally or by mail of a certified copy of this order. Travis H. Whitney, Esq., New York, January 6th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have from you four copies of order for further hearing in case ^Wjo, in regard to the forms of notices containing the heating regulations prescribed by the Commission. In respect to this matter I beg to say that I sent you copy of the proposed form in which these regulations were to be printed, immediately after the receipt of the final order. The Commission disapproved of that form, and informed me that the regulations" should be printed in the same type as the notice in respect to the spitting ordinance of the Board of Health. I immediately ordered the heating regulations to be printed in such form. They have now been 408 completed, framed and are being hung up in the cars in a form as nearly as possible similar to the Board of Health notice referred to. I hope no further change will be made as it would mean that the expense to which I have been put in the matter thus far would be wasted, and I pray that you take this matter into consideration at the rehearing. I am, Yours very truly, Receiver. Edward G. Connette, Esq., New York, January 7th, 1910. Transportation Engineer, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Enclosed please find a sample of the signs to be used in the cars of the Third Avenue Sys- tem, and also those of the Union Railway Company. On account of the Convertible cars it was necessary for us to have the signs printed horizontal, and in the case of the Union Railway cars it was more convenient to have them printed longitudinal, so this card will cover the type of signs for both Systems. Will you kindly acknowledge its receipt, and oblige. Yours very truly, EAM/MFT. General Manager Under Receiver. P. S. — These signs are of the same size as the "Spitting" signs in our cars, and which was suggested in a letter received from your Commission dated December i8th, 1909. Frederick W. Whitridge, Esq., New York, January 12, 1910. Receiver, Third Avenue Railroad Company, 130th Street and Third Avenue, New York City. Dear Sir: I beg to acknowledge receipt of Mr. Maher's communication of the 7th inst., submitting forms of copies of the heating regulations to be displayed in the cars of the Third Avenue Railroad Company's system and of the Union Railway Company, pursuant to the Final Order in Case No. 1170. These forms were duly approved by the Commission at its meeting yesterday. Very truly yours, JHG/HJC. TRAVIS H. WHITNEY, Secretary. Frederick W. Whitridge, Esq., Recr., New York, January 6, 1910. Union Railway Company, I20th St. & 3rd Ave., New York City, Dear Sir : Mr. John H. Napier, 741 East 243rd Street, Wakefield, New York City, complains that an old type car, without adeqrate heating apparatus, is dispatched every morning at 4 o'clock north from the Bedford Park terminal of the elevated line. He says that the car is always cold, and asks whether a car properly equipped cannot be substituted for that run. 409 Will you please investigate the facts, and take such action as may be necessary. Please inform this office of the disposition of the matter. Very truly yours, GFD/PG TRAVIS H. WHITNEY, C-4171 Secretary. Travis H. Whitney, Esq., New York, January 7th, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have yours of the 6th in reference to the complaint of Mr. John H. Napier, that there is an old type car leaving Bedford Park Station at 4 A. M. I think this complaint is well founded, but the car is one which is put on to carry our own men to the car barn, and I did not know that anybody except they ever rode on it. It is what we call a "boat" car. If traffic on this particular car should increase beyond Mr, Napier, we will do whatever the public demands, and I do not think that even Napier is a regular passenger. Yours truly. Receiver. Frederick W. Whitridge, Esq., New York, January 12th, 1910. Receiver, 3rd Ave. R. R. Co., 130th St. & 3rd Ave., New York City. Dear Sir: Referring to your letter of the 7th inst, in reference to complaint of John H. Napier: Mr. Napier says that he does not use the car you refer to, but that the cars are usually not heated which are operated, leaving Bedford Park at 2:10 a. m., and at intervals thereafter of from 20 to 30 minutes, until 5:10 A. M. Will you please see that the cars are heated in accordance with the Commission's Order. Also, it would appear that the "boat" car, or the car which you carry employees in, constitutes a passenger car and should be comfortably heated the same as a regular passenger car, especially so if any regular passengers are carried on it. Very truly yours, TRAVIS H. WHITNEY, EGC/LEK Secretary. Travis H. Whitney, Esq., New York, January 13th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 12th in respect to the complaint of John H. Napier. Mr. Napier specified the "boat" car as the car which was not heated. I understand he does not use the car which he said he used, and if the car he does use is inadequately heated, that of course is wrong and contrary to instructions, and I will see that the matter is attended to. I am much obliged to you for calling it to my attention. Yours truly. Receiver. 410 Frederick W. Whitridge, Esq., New York, January 13, 1910. Receiver, Third Avenue Railroad Co., 130th Street and Third Avenue, New York City. Dear Sir: It is reported in the newspapers this morning that Wednesday evening, January 12th, a southbound car of the Third Avenue line collided with fire engine No. 44 at 75th Street causing serious damage to the fire engine. While this accident may not have caused serious damage to the car in question, it appears to have been such an accident as should have been reported under the terms of the Accident Order. Will you please cause a report to be made on the regular blank. Yours very truly, GFD/CWT. TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., « New York, January 14th, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir : I have yours of the 13th. I know of no reason in the world why the accident between the fire engine and the Third Avenue car on the evening of January 12th, should not have been reported to your Commission. It should have been so reported and I will see that a report is made forthwith. No damage was done to the car or to the fire engine by this collision beyond the breaking of the rim of one of the fire engine wheels and a slight damage to one of the horses. It appears to have been the fault of the driver of the fire engine, as the crossing was a fire stop and the car had in fact stopped. Yours truly. Receiver. Travis H. Whitney, Esq., New York, January iSth, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Referring further to your letter of the 13th, I enclose to you herewith a report from my claim agent in connection with the accident which was not reported to you. Yours truly, Enclosure : Receiver. Frederick W. Whitridge, Esq., January 14th, 1910. Receiver, Third Avenue Railroad Co., New York City. Dear Sir: Complying with your request that I submit report to you bearing on the complaint of the Public Service Commission contained in the enclosed communication dated January 13th, as result of our failure to report collision which occurred on the 12th inst. between a south bound car and a fire engine at the intersection of 7Sth Street and 3rd Avenue, beg to state that the case was not reported for the sole reason that neither car nor engine were damaged as a result of the accident. On September loth last this office was notified that pursuant to an order of the Commission recently issued we were to report, in addition to serious personal injury cases, all accidents which resulted in serious damage to cars, vehicles or personal property. Prior thereto we were called upon to report only the more severe personal injury cases. 411 I am not aware of the service by the Public Service Commission of the so-called Accident Order by which we are requested to make a distinction between a fire apparatus and an ordinary vehicle. If such an order exists will be pleased to comply strictly with the terms of same in the future if you desire us to do so. Respectfully yours, J. W. YENSEN, Claim Agent. Frederick W. Whitridge, Esq., New York, January 17th, 1910. Receiver, Third Ave. R. R. Co., 130th St. & Third Avenue, New York City. Dear Sir : Your letter of the 15th inst, enclosing report from your claim agent, received, for which I thank you. Our Transportation Department would be pleased to have reports of collisions or accidents in con- nection with the Fire Department or ambulances, even if there is no material damage. • Very truly yours, TRAVIS H. WHITNEY, EGC/I.EK. Secretary. Public Service Commission, Phi Gamma Delta Club, New York City. 34 West 44th St., Dear Sirs : I have to complain that the Jerome Avenue surface cars are not properly ventilated. During the recent cold period the ventilators invariably have b^cn closed and I have subjected myself to some annoyance in opening them or requesting the conductors to do so. Inquiry has elicited the information that the conductors have no instructions whatsoever on this matter. If a ventilator .at either end of the cars were opened merely an inch or two the air probably woulc remain fresh. A trouble seems to be that the ventilators have no stops and that unless they are oper to their full extent they will close of their own accord. Hoping that you will give this trival though important matter your attention, I am, Respectfully, FRANCIS D. CLARKE, 60 E. Kingsbridge Road, Tuesday, January 11. 1910. Fordham, N. Y. City. Travis H. Whitney, Esq., New York, January 14th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 13th enclosing complaint of Mr. Clark. I am very sorry that Mr Clark finds that the Jerome Avenue surface cars are not properly ventilated. Mr. Clark i: Avrongly informed when he says that the conductors have no instructions whatever in respect t( the opening of ventilators. The regulations in respect to the opening of ventilators have beei communicated to all conductors by word of mouth, are communicated to them day by day, anc printed notices are posted in the carhouses under the conductors' eyes. The particular con ductor who so informed Mr. Clark therefore lied. I should like to know who he was. Th< trouble, I am afraid, is that a great many people find the cars too cold and shut the ventilator themselves. The information about the ventilators having no stops so that they can only be opened t( their full extent is also inaccurate. They open by means of a screw and may be opened foi an inch or three inches. No matter of this kind is trivial, and any specific information which Mr. Clark or your Hon orable Body may communicate to us will receive our immediate attention. Yours truly, Mr. F. W. Whitridge, Receiver, ' New York, January 14th, "lo. Union Railway Co., 2396 Third Ave., New York City. Dear Sir: — Attached hereto, from the Department of Transportation, are two blue-print tabulations covering observations with respect to the service on the Boston Avenue line on Dec. 30th, '09, and Jan. 3rd, '10, at 161 St Street and 3rd Avenue. Practically during every half-hour period from 2.30 to 8.00 P. M. northbound, standing loads were carried. Southbound, similar conditions prevailed from S.oo to 8.30 A. M. and 2.00 to 3.00 P. M. and ■ 7.30 to 8.30 P. M. It is expected that the necessary increases will be made at once to adequately accommodate this traffic. Please reply stating what increases have been effected. Very truly yours, DLT/AJC . TRAVIS H. WHITNEY, Ends. Secretary. Inv. *i576. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Union Railway Co. Line, Boston Ave. Line. Date, Dec. 30, 1909, and Jan. 3, 1910. Location of Observer, 161 st St. and 3rd Ave. Bound, North. Computer, Kinsley. Checked by O'Connor & Zeintz. Investigation No, 1,576. SEATQia CAPAcmr, 88. Sheet No. i ^ 5m 4 •s % |S H •3 Time. Destination. ^1 1^ :30 11 §1 000 •52 l| ai 3 3 11 S5| ss H H JJ 1 < Zfu A.M. Jan. 8. '10.... 7.00 to 7.80 West Farms.... 5 180 75 15 7.30 " aoo '• " .... 5 180 120 24 8.00 " 8.80 %t ** .... 6 180 96 19 8.80 '• 9.00 »' t» 6 180 203 41 2 85 9.00 " 9.80 It t» *|*'^ 6 180 8? 17 9.80 " 10.00 " M 6 216 9C 16 10.00 " 10.80 u »4 ' 6 216 98 16 10.80 " 11,0a tt u r" " 6 180 118 24 1 10 11.00 " 11.80 >t ** '!!!! 4 144 96 24 11.80 •• 12,00 P. u. 12.00 to 12.30 »t ** "• • ! ' 7 252 200 28 1 20 m' M 5 180 128 26 2 20 12.30 " 1.00 M »» III 1 4 144 120 80 I.UO - 1.80 M M Not Ob served 1.80 " 2.00 »• »» Not Ob served I>ec«o;_'09... 2.00 " 2.80 M ** !!•! 4 144 182 S3 2.80 " 8.00 •♦ l< >; 6 216 239 40 2 85 8.00 " 8.80 M " 8 108 116 88 2 20 8.80 " 4.00 tt H '1" 4 144 164 41 2 20 4.00 " 4.80 W tt 6 216 210 35 2 80 4.80 " 5.00 M »l 5 180 198 40 2 80 6.03 " 6.80 M M 4 144 264 66 4 120 6.80 " 6.00 '♦ " .... 5 180 320 64 4 140 6.00 " 6.80 •i ** .... 5 180 270 54 4 90 6.80 " 7.00 %» " 4 H4 264 66 4 120 7.00 " 7.80 t* » 7 252 224 SS 2 20 7.80 ** 8.00 W «• 6 180 196 89 2 40 8.00 " 8.80 M " .... 8 108 92 81 1 20 8.30 « 9.00 M " •••• 7 252 226 32 1 10 413 Travis H. Whitney, Esq., ' New York, January 17th, 19 10. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 14th enclosing to me two blue prints similar to those which I have already received from you in respect to the observations made by some of your employees on the number of passengers seated and standing in the cars of the Union Railway. I have already pointed out to you that these tables are absurd on their face, in that they show that your observer has done counting which cannot be performed by mortal man, except Houdin, who is dead. In the previous cases these feats were achieved in the morning, the pres- ent tables show that they were performed after dark, which does not increase the credibility of your tables. I have, however, as you know, every disposition to do everything in my power to accom- modate the public. I have accordingly directed my Superintendent to communicate with your transportation engineer and to see that the number of cars is increased to such an extent as will satisfy his requirements. I must again point out to you that no complaint of this service from the public has been received, and that the defects have been discovered by you. Yours truly, Receiver. Travis H. Whitney, Esq., January 19th, 1910. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Your report of December 30th, 1909, and January 3rd, 1910, of the checking of the Boston Avenue Line received, and its contents noted. The condition of the roadways and rails on December 30th, 1909, was so bad that it was impossible to maintain any kind of schedule. On account of the roads alongside of the tracks being still covered with snow, it was necessary for the vehicle traffic to use the car tracks, the rails of which were very slippery. However, trying to maintain the best schedule that we could under these unfavorable conditions, we tried to mend matters by operating the sand cars all day. On January 3rd, 1910, the prevalance of the same conditions, just a little modified, made it just as impossible for us to maintain a satisfactory service. There are, at the present time, enough cars operated on this line to satisfy the demands, but as the Commission desires, we will add extra cars to the service between the hours of 4.00 P. M. and 8.00 P. M. from 128th Street and Third Avenue. We would add, however, that, the condition of the roadways upon which our cars travel at the present time, makes it very hard for us to maintain our schedule. We are returning herewith blue print sent us in error belonging to the New York City Railway Company. Yours very truly, JAR/MFT. General Superintendent. Frederick W. Whitridge, Esq., New York, January 20th, 1910. Receiver, Third Ave. R. R. Co., 130th St. & Third Avenue, New York City. Re Service on William shridge Line, Union Railway Co. Dear Sir : An investigation of the service conditions on this line was made on Dec. 30th, Jan. 3rd & 4th. The observation was made just east of Boston & Tremont Avenues. I enclose you herewith blue print copies of the tabulations as noted by the inspector. 414 It appears that during the afternoons and evenings some of the cars were very much overloaded and that some additional service is needed. We appreciate, however, that the service cannot be bettered mate- rially until the stretch of single track just north of the City Line on White Plains Avenue is double tracked, as referred to in your letter dated Oct. 28th, 1909, and I would be pleased to know if any progress has been made to the laying of the second track at the end of the Williamsbridge line. Very truly yours, EGC/LEK TRAVIS H. WHITNEY, Enc. Secretary. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Sheets Nos. i and 2. Union Railway Company. Line, Williamsbridge and Mount Vernon Line. Date, Dec. 30, '09; Jan. 3, 4, 1910. Location of Observer, Tremont Ave. and Bronx Street. Bound, West. Computer, Rosenthal. Checked by . Investigation No. 1,577. Skating Capacity per Car, 36. " !5«* to M tu «-i ^ I. .^ == a a §«|*=5 ^ C5 i- i> oS ~0 w a u a ^■a •^^ ^i "3 S «-S 03 c§ S-2 £ M hS,o(» feCQ Time. Destination. 3 .. tt-i W 2; 6^ N < M 1 A. M. Dec. 30. '09 , . 6.30 to 7.00 177tb St. and 3d Ave. 7 252 287 41 8 85 7.00 " 7.30 " i. 4 144 189 47 3 45 7.30 " 8.00 »» it 6 216 251 42 4 35 8.00 " 8.30 Ik ti 5 180 206 41 8 50 8.30 " 9.00 9.00 " 9.30 *' *.' 6 4 216 144 168 125 28 31 "i' ■**5 9 30 " 10.00 .« kk 5 160 176 85 1 20 10.00 " 10.30 " " 4 144 148 37 1 85 10.30 " 11.00 >t ti 3 108 123 41 2 15 11.00 " 11.30 t. n 8 108 113 38 1 5 11.30 " 12.00 " " 4 144 108 27 • ■ • ■ ,,., P. M. Jan. 8, '10.... 12.00 to 12.80 " " 4 144 130 82 2 10 12.30 " 1.00 11 tl 3 108 96 32 .... • • • 1.00 " 1.30 " 41 4 144 137 34 5 1 30 " 2.00 " " 8 108 106 35 2 10 2.00 " 2.30 tt t> 4 144 130 32 2 10 2.30 " 3.00 " '• 8 103 JOl 34 1 5 3.00 " 3.80 3.80 " 4.00 ** k* 4 3 144 108 182 101 33 34 ■'i* ■**6 4.00 " 4..30 " " 4 144 96 24 , 4 80 " 5.00 M, t. 3 108 143 48 "2 35 5.00 •' 530 >• l« 6 216 202 34 2 10 5.30 " 6.00 »> H 5 180 268 54 3 100 Jan. 4. '10..., 6.00 " 6.30 it H 7 252 246 35 3 80 6.30 " 7.aj 7.00 " 7.30 7.30 " 8.00 8.00 " 3.30 8.30 " 9.00 " " 5 5 6 5 4 180 180 216 180 144 120 84 84 72 99 24 17 14 14 25 .... "is 9.00 " 9.80 9.30 " 10.00 !! !'. 4 2 144 72 60 48 15 24 415 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Sheets Nos. 3 and 4 Union Railway Company. Line, Williamsbridge and Mount Vernon. Date, Dec. 30, '09; Jan. 3, 4, 1910. Location of Observer, Tremont Ave. and Bronx Street. Bound, East. Computer, Rosenthal. Checked by . Investigation No. 1,577. Skating Capacity per Car, 3(5. Su f*" 1 ^ "S -^■^ ^ p 1« 01 a OCO 0^ |e B gbp as Time. Destination. St. so s 3S? g a 0^ t tt 4 144 182 45 2 50 8.00 " 8.J0 »» 4. 8 108 116 39 1 20 8.80 '• 9.00 It >t 4 144 174 48 2 80 9.00 " 9.80 M U 2 72 60 80 9J80 " 10.00 " •••••• 8 108 92 81 1 20 New York, January 26th, 1910. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your several communications of the 20th instant with the interesting and — as I have heretofore pointed out to you — quite impossible blue prints attached. I have instructed my Superintendent to take the matter up with Mr. Connette and do whatever he wants. I am unable to give you the date of the probable completion of the Williamsbridge Line. I believe that a very considerable amount of it has already been completed. Yours truly. 416 Receiver. New York, January 26, 1910. Frederick W. Whitridge, Esq., Receiver, Union Railway Company of New York City, Third Ave. R. R. Co., 42nd St. M. S. Ry., Dry Dock, E. B'way and Battery R. R. 130th Street and Third Avenue, New York, N. Y. Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 1210, adopted by this Commission at a meeting on January 18, 1910, requiring the filing of information as to car motors, car bodies and car trucks, together with the forms mentioned in the Order. Also enclosed is a supply of the forms mentioned. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Sec- tion 23 of the Public Service Commissions Law. Very truly yours, JHG/WFR TRAVIS H. WHITNEY, Encs. Secretary. STATE OF NEW YORK, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. IN THE MATTER j ( Case No. 1210. Information to be supplied by RAILROAD CORPORATIONS and STREET ? Filing Order. RAILROAD CORPORATIONS within the First District as to the number of \ car motors, car bodies and car trucks operated by them. I ORDERED, that every railroad corporation and street railroad corporation under the jurisdiction of the Public Service Commission for the First District be and it hereby is required to make and file with the said Commission : (i) Specific answer, semi-annually, to each of the questions shown on the form entitled "Semi- Annual Statement of Car Motors,'' (Form T, 8 Rev.) hereto attached and made part of this order, as to any car motors owned, used or operated by such company, said answers to be made as of July ist and January ist in each year, and to be filed on or before July 20th and January 20th, respectively, thereafter. (2) Specific Statements shall be made within five days of the placing in service of additional car motor equipments owned, used or operated by such company as a written memorandum to the Public Service Commission, on Form T 26, hereto attached and made part of this order, showing the number of motors, type and horsepower rating respectively. (3) Specific Statements shall be made within five days of the retirement from service of car motor equipments owned, used or operated by such company as a written memorandum to the Public Service Com- mission, on Form T 26, hereto attached and made part of this order, showing the number of motors, type and horsepower rating respectively. (4) Specific answer, semi-annually, to each of the questions shown on the form entitled "Semi-An- nual Statement of Car Bodies" (Form T, 9 Rev.) hereto attached and made part of this order, as to any car bodies owned, used or operated by such company, said answers to be made as of July 1st and January 1st in each year, and to be filed on or before July 20th and January 20th, respectively, thereafter. (s) Specific Statements shall be made within five days of the placing in service of additional car bodies owned, used or operated by such company by a written memorandum to the Public Service Com- mission, on Form T 26, hereto attached and made part of this order, showing the number of cars, type, identification numbers and seating capacity. (6) Specific Statements shall be made within five days of the retirement from service of car bodies owned, used or operated by such company by a written memorandum to the Public Service Commission, on Form T 26, hereto attached and made part of this order, showing their respective numbers. 417 (7) Specific answer, semi-annually, to each of the questions shown on the form entitled "Semi-An- nual Statement of Car Trucks" (Form T, 7 Rev.), hereto attached and made part of this order, as to any car trucks owned, used or operated by such company, such answers to be made as of July 1st and January 1st in each year and to be filed on or before July 20th and January 20th, respectively, thereafter. (8) Specific Statements shall be made within five days of the placing in service of additional car trucks owned, used or operated by such company by a writen memorandum to the Public Service Com- mission, on Form T 26, hereto attached and made part of this order, showing the number of trucks and type. (9) Specific Statements shall be made within five days of the retirement from service of car trucks owned, used or operated by such company by a written memorandum to the Public Service Commission, on Form T 26, hereto attached and made part of this order, showing the number of trucks and type. FURTHER ORDERED, that this order shall take effect on the 21st day of January, 1910, and shall continue in force until or abrogated by the Commission. New York, February ist, 1910. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: — I have yours of the 26th transmitting order 1210 requiring various information. I do not quite understand the purpose of this order, as I thought that all of the information called for by it was already covered by a previous order, and my Superintendent of Construction, Mr. Mc- Whirter, informs me that he has already made a report under Order 437 giving all the infor- mation called for by Order 1210. If this is not accurate, will you be good enough to tell me what is called for by Order 12 10 which is not called for by Order 437, that I may instruct my people accordingly. Yours truly. Receiver. New York, January 26th, '10. Mr. F. W. Whitridge, Receiver, i Union. Ry. Co., 2396 Third Avenue, N. Y. City. Dear Sir: Attached hereto, from the Department of Transportation, is a blue print tabulation covering an ob- servation made with respect to the service on the Westchester Avenue line at 149th St. & 3rd Avenue, on Jan. 17th, '10, from 6:00 P. M. to midnight. Overloads were carried during every half-hour period, except one, from 9:00 to 11:30 P. M. north- bound. The headways during these periods should be decreased from 7J^ to about 6 minutes, and in addition extra theatre service should be provided between 11 :oo & 11 :30 P. M. Please arrange your schedule to effect these improvements and reply stating what has been done. Verv truly yours, DLT/AJC. ' ' TRAVIS H. WHITNEY, End. Secretary. Inv. 4f 1692. 418 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Sheet No. i. Union Railway Co. Line, Westchester Ave. Date, Jan. 17th, 1910. Location of Observer, 149th St. and 3rd Ave. Bound, North and South. Computer, Steul. Checked by . Investigation No. 1,692. Skatino Capacitt, 86. NoBTH Bouyo. Time. . .. . , Destination. £ ■="5 II 3 1 '5 if < 5| 000 II 12 a 2 « sfte 2 6.00 to' 6.80 6.80 •' 7.00 7.00 " 7.30 Main St., Westchester. 7 9 6 5 4 6 5 4 4 4 5 4 252 824 216 180 144 216 180 144 144 144 180 144 288 275 156 120 84 120 186 179 199 108 256 84 41 31 26 24 21 20 37 45 SO 27 51 21 3 3 60 85 7.80 " 8.00 8.00 " 8.80 8.80 " 9.00 . 9.00 " 9.80 9.80 " 10.00 10.00 " 10.80 10.30 " 11.00 8 8 8 80 85 65 11.00 " 11.80 11,80 " 12.00 8 100 South Bound. P.M. 6.00 to 6.80 128th St. and 3rd Ave 7 5 5 6 5 5 4 4 4 4 4 252 252 180 180 216 180 180 144 144 144 144 144 69 108 120 166 108 60 60 48 48 60 89 12 10 21 24 28 21 12 15 12 12 15 10 6.30 " 7.00 t it 7.00 " 7.80 7.30 " 8.00 8.00 " 8.30 8.30 " 9.00 1 10 9.00 " 9.30 9.30 " 10.00 10.00 " 10.30 10.80 " 11.00 11.00 " 11.80 11.30 " 12.00 . . New York, January 26th, '10. Mr. F. W. Whitridge, Receiver, Union Ry. Co., 2396 Third Avenue, N. Y. City. Dear Sir: On the evening of Jan. 17th, '10, an observation was made at 149th St. & 3rd Ave. with respect to the service on the Boston Avenue line from 6:00 P. M. to midnight. Attached hereto, from the Department of Transportation, is a blue print tabulation covering the re- sults of the investigation. Additional service should be provided for the accommodation of the theatre traffic between 11:00 & 1 1 :30 P. M. , ' Please arrange to do this and reply stating \vhat increases have been made. Very truly yours, DLT/AJC. TRAVIS H. WHITNEY, End. Secretary. Inv. 4r 1693. 419 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Union Railway Co. Line, West Farms, Boston Ave. Date, Jan. 17th, 1910. Location of Observer, 149th St. and 3rd Ave. Bound, North and South. Computer, Steul. Checked by . Investigation No, 1,693. Sheet No. i. Seating Capacity, North Bocitd. 5g> bo \ 1 1. 11 a Time. Destination. if tern 5 EO ^ 2I ^1 Si ZPu. *s P.H. 6.00 to 6.80 Morris Park Ave 7 252 264 88 2 60 6.80 " 7.00 5 180 159 82 1 10 7.00 " 7,80 7 262 190 27 1 10 7.80 " 8.00 6 216 190 82 1 10 8.00 " 8.80 4 6 144 216 120 162 80 25 8.80 " 9.00 1 20 9.00 " 9.80 4 144 140 «5 1 •20 9.80 " 10.00 4 144 162 40 8 SO 10.00 " 10.80 8 108 188 44 8 85 10.80 " 11.00 5 180 155 81 1 85 11.00 " 11.80 6 180 238 48 8 70 11.80 " 12.00 it u 6 .80 182 26 1 South BotWD • P.M. 6.00 to 6.80 6.80 ^' 7.00 128th St. and 8d Ave U It Ct M ]*"i! it it tt tt it »i it t< it it * * tt tt ■ y'\ it it 5 7 6 5 8 5 4 3 5 6 4 5 180 252 216 180 108 180 144 108 180 216 144 180 96 118 108 96 106 96 72 72 155 84 48 58 19 16 18 19 85 19 18 24 81 14 12 11 7 00 " 7 80 7.80 " 8.00 8.00 " 8.80 8 90 " 9 00 10 9 00 " 9 80 9 80 *' lO 00 10.00 " 10.80 10 80 *' 11 00 2 85 11 00 " 11 80 11.80 " 12.00 Mr. F, W. Whitridge, Receiver, ^^^ ^°'"^' ^""""'^ ^^*^' '^°- Union Ry. Co., 2396 Third Avenue, N. Y. City. Dear Sir: Herewith is sent to you, from the Department of Transportation, a blue print tabulation with respect to the evening service, northbound, on the Fordham line as observed at 149th St. & 3rd Ave. on Jan. 17th, '10, from 6:00 P. M. to midnight. Additional service should be provided for the accommodation of the theatre traffic between 11:00 & II :30 P. M. It is expected that arrangements will be made to do this at once. Please reply. Very truly yours, TRAVIS H. WHITNEY, DLT/AJC. Secretary. End. Iiiv.#i694. 420 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Sheet No. — . Union Railway. Line, Fordham and Woodlawn. Date, Jan. 17th, 1910. Location of Observer, 149th St. and 3rd Ave. Bound, • — . Computer, Standfast. Checked by Steul. Investigation No. 1,694. Seating Capacity, 36. North Bookd. Time; p. M. 6.00 to 6.90 6.30 7.00 7.30 8.00 8.80 9.00 9.30 10.00 lO.SO 11.00 11.30 7.00 7.30 8.00 8.30 9.00 9.30 10.00 10.30 11.00 11.80 12.00 Destination. )IcLean Ave. so S5 180 288 252 216 180 288 216 144 144 144 180 144 li a 52 179 144 166 182 120 85 187 72 106 60 214 51 SO 1& ^5 86 18 22 22 24 10 28 18 26 16 43 18 £2 S 9 =* tf^ flS M Bjaoa 6 *i6* TO South Bound. p. M. 6.00 to 6.80 128th «<•■ 7 8 6 7 5 7 4 5 4 5 8 4 252 288 216 262 180 252 144 180 144 180 106 144 96 90 96 108 120 72 60 96 60 72 25 86 14 11 16 15 24 10 15 19 15 14 8 9 6,80 " 7.00 7.00 " 7.30 7 80 " 8.00 8.00 " 8.80 8 80 " 9.00 9.00 " 9.30 9.80 " 10.00 10.00 " 10.80 10 80 " 11 00 11 00 " 11 30 11 80 " 12.00 Mr. F. W. Whitridge, Receiver, New York, January 26th, 'la Union Ry. Co., 2396 Third Avenue, N. Y. City. Dear Sir : — On Jan. 17th, '10, an observation was made with respect to the service on the White Plains Avenue line at 150th St. & Melrose Avenue from 6:00 P. M. to midnight. Attached hereto, from the Department of Transportation, is a blue print tabulation covering the results of the observation. The service was inadequate during each half-hour period from 6:00 to 7:30 P. M. and from 11:00 to II :30 P. M. During the former period a five minute headway should be provided to adequately accommodate the traffic. During the latter period, two extra cars should have been operated to properly accommodate the theatre business. ' Please arrange for these improvements and reply stating what has been done. Very truly yours, TRAVIS H. WHITNEY, DLT/AJC. Secretary. End. Inv.#i690. 421 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Sheet No. i. Line, Union Railway, White Plains Ave. Line. Date, Jan. 17, '10. Location of Observer, 156th St. and Melrose Ave. Bound . Computer, Standfast. Checked by Danziger. Investigation No. 1,690. Seating CAPAcrrr, 86. North Bound. fibC bb 1. 11 a ^ cS 5o 11 05 5 •5 ^■2 £2 SSf oS. Oo) 5m Time.. Destination. so 3 Zoo 1 3g 1^ 8^ 3 « < Z.& (3m p. M. 6.00 to 6.30 a42d Street 3 4 5 3 3 2 3 3 2 3 8 8 108 144 180 108 108 72 108 106 72 108 108 108 218 182 200 98 118 63 113 101 48 90 133 108 78 45 40 as 39 81 38 37 24 30 44 36 3 3 3 110 6.30 " 7.00 50 7.00 " 7.80 20 7.80 " 8.00 10 8.00 •' 8.80 10 8.30 " 9.00 15 9;00 " 9 80 5 9.30 " 10.00 5 10.00 " 10.30 10.30 " 11.00 30 11.00 " 11.30 25 11.30 " 12.00 SoDTH Bound. p. M. 6 00 to 6.80 128th Street 4 4 4 3 3 3 3 3 3 2 3 2 144 144 144 108 108 108 108 108 108 72 108 72 96 41 50 64 58 48 60 37 48 14 36 11 24 10 12 21 19 14 20 12 14 7 12 6 6 30 " 7.00 7 00 " 7.30 7 80 " 8.00 8.00 " 8.30 8.30 " 9.00 9 00 " 9.30 9 30 " 10.00 10.00 " 10.30 10.30 " 11.00 11 00 " 11.30 11 30 " 12.00 Travis H. Whitney, Esq., New York, January 27th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your four letters of January 26th together with the attached blue prints giving the result of observations of your observers, computers and checkers on the Boston Avenue Ijne,. Fordham Line, 149th Street and Third Avenue Line and the White Plains and Melrose Avenue Lines. I have several times called your attention to the desirability of having a joint investiga- tion in all cases similar to the above, as I have repeatedly detected your observers in gross errors and have advised you of the same, and I have hoped that you would see the propriety of having such a joint inspection, which would practically remove all doubts as to the thing inspected. I again call your attention to the fact that the reports which you send me contain statements which are beyond the power of mortal man to make. I am anxious that the service of all the lines under my direction should be adequate and I welcome any suggestion, reasonably founded, which will inform me of deficiencies. I also call 422 your attention to the unsatisfactory manner in which your work is being done and the way in which you deal with the results, which prevents the close co-operation which ought to exist between your Body and the railroads. In the meantime, I have as in previous cases, referred these reports to my Superintendent with instructions to consult with your engineer, and do what is desired by him. Yours very truly, Receiver. Frederick W. Whitridge, Esq., New York, January 28th, 1910. Receiver, 3rd Ave. R. R. Co., 130th St. & 3rd Ave., N. Y. City. Dear Sir: Your letter of the 27th inst, addressed to Mr. Whitney, relative to the reports which you received regarding the service on some of your Bronx lines, has been referred to me. I shall endeavor to make an informal or friendly call on you one day next week, when we can talk over your suggestions. Yours very sincerely, E. G. CONNETTE, EGC/LEK per K. J. W. Yenson, Esq., New York, January 26, 1910. Claim Agent, Third Avenue Railroad Co., Third Avenue and 130th Street, New York City. Dear Sir: Receipt is acknowledged herewith of reports of three accidents as follows: — January 20th at 12 Noon, First Avenue and 40th Street; January 20th at 11:30 P. M., Third Avenue, between 56th and 57th Streets; January 21st at 2:45 P. M., Third Avenue and 77th Street. As soon as your investigation is completed, will you please advise the Commission as to any action taken as to discipline of the motormen in the above cases. Yours very truly, LPB/CWT TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., January 27th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Replying to your communication dated yesterday, which refers to three accidents which occurred on several of the divisions of the system recently and in which you request that you be advised as to whether or not the motormen operating the cars in question were disciplined be- cause of the said accidents or collisions, beg to state that this is a matter which concerns the Operating Department only. I have therefore taken the liberty of referring your letter to Mr. Whitridge. Yours very truly, J. W. YENSON, Claim Agent. 423 VAN NEST PROPERTY OWNERS ASSOCIATION Headquarters: Columbia Hall Van Nest Avenue and Garfield St. New York, Jan. 25, igio. To the Public Service Commission. Gentlemen : — I am directed by the above association to kindly request you for better service on the Williamsbridg and Tremont Ave. lines. From i to 5 A. M. cars run on headway of 40 minutes. Morris Park cars stc running at 8 130 P. M. except shuttle cars. Why not let some cars run through all night, also have a waitin car on 3rd Ave. and 177th St. and a time table displayed at West Farms. Hoping you give this matter your consideration, I remain, Yours very respectfully, (Signed) RUDOLPH PRALL, Secretary, 1713 Van Buren St., Bronx. Travis H. Whitney, Esq., New York, February 4th, 1910. Secretary Public Service Commission, 154 Nassau Street, New York City. Dear Sir: Referring to yours of the 27th in respect to the complaint of Rudolph Prall, secretary c the Van Nest Property Owners Association, I send you copy of a memorandum from m General Manager in respect to the situation, from which you will see that at the moment it hardly possible for us to do anything, but as soon as the street is properly repaired, these coi ditions will ameliorate themselves. Yours truly. Copy to Rudolph Prall. Receiver. MEMORANDUM. We beg to state in answer to request made by Mr. Rudolph Prall, Secretary of the Van Nest Proper Owners Association, to the Public Service Commission for better service on the Williamsbridge and Tr mont Avenue Lines, that the condition of Walker Avenue upon which we operate cars of the Tremo Avenue Line, has been in the hands of Contractors since 1908, who have been regulating and gradh Walker Avenue from Walker and Morris Park Avenues to Westchester Avenue, Westchester Village, ai is still under construction. In order to allow Contractor to proceed with his work of filling in street, we have been compelled shift our tracks from time to time and in various places have had to operate cars on a single track. At the present time we are operating cars on about eighteen hundred feet of single track on Walk Avenue, between Morris Park Avenue and Commonwealth Avenue and also upon about five hundred fe of single track in Westchester Village. The cars operated on Walker Avenue have and are at the present time being blocked daily by hea' trucking, whereby drivers of vehicles drive in upon our track and their progress is impeded by the whe( sinking in the new fill between tracks. In quite a number of cases we are compelled both day and night send out our wrecking crew to pull them off the track. At times during the day and night, it is almc impossible to maintain any kind of schedule. As to the service on the Tremont Avenue Line being inadequate between i :oo A. M. and 5 :oo A, L and cars being operated on a forty minute headway, we beg to state that the riding between 177th Street Third Avenue and Westchester Village does not warrant any shorter headway, as these cars are operat 424 from 177th Street & Third Avenue to 150th Street & Westchester Avenue, and the records show that the riding is greater from Westchester Village to isoth Street & Westchester Avenue. The revenue and transfer passengers for these two cars on January 31st, 1910, from 1:00 a. m. to 5:00 A. M. is as follows : Run #655 — 97 cash fares and 16 transfer passengers. Run S467 — 87 cash fares and 15 transfer passengers. With respect to the service on our Williamsbridge Line, we feel that no extra service is required be- tween I :oo A. M. and 5 :oo A. M., as the riding does not warrant it according to the revenue which aver- rages only two dollars ($2.00) a car. Regarding the Morris Park Avenue cars not runrang through to Morris Park after 8:30 P. M., we feel that the riding does not warrant it, as the shuttle car which is operated from White Plains Avenue to Morris Park between 8:30 P. M. and 1:50 A. M., carries very few passengers. The number of passengers carried on this shuttle car on February ist, 1910, were 103 passengers; 2 being cash passengers and loi transfer passengers. As to locating a waiting car for passengers at 177th Street and Third Avenue, we desire to say there is no place to locate a waiting car at the above intersecting points, unless it be placed upon the roadway, which is a very busy and congested thoroughfare, and we doubt very much that the City authorities would allow us to add to the congestion by blocking the roadway with a waiting car. E. A. M. February 3rd, 1910. Frederick W. Whitridge, Esq., New York, January 29, 1910. Receiver, Union Railway Co., Third Avenue Railroad Co., Third Avenue and 130th Street, ' New York City. T)ear Sir: Commencing February ist you will please see that all reports of "pull-ins" are reported to the Com- mission according to the following classification of defects : — Car bodies, motors and fenders, registers, trolley pole or base, trolley wheel, trolley springs, air- Ijrake motor, air-brake pump, air pipe or valve, brakes, gear or case, pinions, hot journal, broken journal boxes, truck springs, wheels, wheelguards, cables, circuit breakers, controller, headlight, heaters or heater switch, brushes or brush holders, motor fields, motor armature, light switch or fuse, resistance, signs, light circuit, seats, plow, signal bell, glass, step, gate, axle, sand box. Should any defect occur to cars other than the above, the same should be reported as heretofore. Please acknowledge receipt of this leteter and oblige. Yours very truly, WJW/CWT TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, January 31st, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: — I have yours of the 29th in which you ask me to report defects in my cars classified under forty-five different heads, and also request that in case any defects occur to the cars which are not included in any of these forty-five heads they should be reported under some other head. I have no doubt that these statistics will be enormously interesting and I shall take great pleasure in supplying them. I think it is possible that you may be able to employ somebody, if you will pay sufficient salary, who will agree to read them. Yours truly. Receiver, 425 Secretary, New York, Jan. 28, igio. Public Service Commission, New York City. Dear Sir : — The undersigned desires to complain about the filthy condition of the cars leaving Fort George about 7:30 A. M. As they are a serious menance to the health of the people who are compelled to use them, a complaint will also be made to the Department of Health and to the receiver of the Third Avenue Railroad Com- pany. Respectfully, (Signed) IRVING C. LAVENDOL, 1348 St. Nicholas Ave., City. Travis H. Whitney, Esq., New York, February 2nd, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir : I have yours of the ist instant referring to the complaint of Mr. Irving C. Lavendol of 1349 St. Nicholas Avenue. I have investigated Mr. Lavendol's complaint in consequence of a letter received from him a few days ago, and I really do not know what he is talking about, except that the cars at the time he speaks of are as they are left by the persons who use them between 6 and 7 in the morning. The cars are clean when they go out. I enclose a copy of my previous letter to Mr. Lavendol. Yours truly, Receiver. Mr. Irving C. Lavendol, New York, January 29th, 1910. 1346 St. Nicholas Avenue, New York City. My dear Sir: I have yours of the 28th in which you speak of the filthy condition of the cars leaving Fort George about 7:30 A, M., and say that, as they are a serious menace to the health of the people who use them, you propose to inform the Board of Health and the Public Service Com- mission; inferentially I suppose of my misconduct in allowing them to remain in that con- dition. In reply thereto I beg to inform you that between the hours of 6 and 7 a very large number of your fellow-citizens, who are engaged in rough manual labor, use the cars going in the direc- tion of Fort George to reach the scene of their labors. They are much less particular than you in their habits, and after they have used the cars, which were clean when they got into them, I find that they are apt to be in the condition which is so offensive to you and to all right- minded people. This I believe is a temporary condition, as the labors in which they are now engaged will, within a few months, be completed, and this travel will cease. 426 In the meantime, I do not feel justified in building a barn at Fort George for the purpose of washing the cars after these particular fellow-citizens of yours and mine have got through using them, and I suggest that you should invite the Board of Health, and above all the Public Service Commission, to examine these gentlemen or what other cause there may be for the con- dition of the cars to which you refer, and get them to provide, suggest, or order some immediate remedy for these conditions; perhaps they or some of them will be able to prevent these par- ticular fellow-citizens of ours from chewing tobacco or gum, from expectorating, from drink- ing absinthe, from abstaining from soap and water and from exuding offensive effluvia from their bodies. Yours truly, Receiver. F. W. Whitridge, Esq., New York, February 3, 1910. Receiver. Union Railway Company, 204 East 128th Street, New York City. Dear Sir: — Complaint is made by Mr. H. Behn, 2668 Briggs Avenue, Bronx, New York, that the early morning cars of the Kingsbridge line seldom have any heat turned on in them. He mentions specifically car No. 722, southbound, at about 6 A. M. on February i had no heat whatever in it Will you please have proper attention given this complaint and advise the Commission by February 14 of the facts as to the condi- tions generally on that line as regards heat. Very truly yours, TRAVIS H. WHITNEY, GFD/TM Secretary. C-4358 Travis H. Whitney, Esq., New York, February 5th, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: I have yours of the 3rd instant in respect to the complaint of Mr. H. Behn, about the cold- ness of the Kingsbridge cars. I enclose herewith a memorandum made by my General Manager in respect thereto, which shows the difficulties under which we are, at the present at least, suf- fering in respect to this matter. Yours truly, Enclosure : Receiver. (Copy to Mr. Behn) MEMORANDUM. Regarding the complaint made by Mr. H. Behn, "that the early morning cars of the Kingsbridge Line of the Union Railway Company seldom have any heat turned on them," etc., we desire to say the cause for the complaint is due to the fact that the several insurance companies with whom insurance is carried upon our car houses and their contents, insist as a matter of fire protection that we must remove all poles from the trolley wires in the car houses immediately after the cars have been housed, and remain in that condition until the cars are again brought into service, and in view of the severe losses sustained 427 by the insurance companies during the past few years by the destruction of surface railroad car house this immediate territory, they insist upon a strict compliance with this and other rules they have ei Jished in connection with the insuring of railroad property. Before this rule was in force our custom was during cold weather to place the trolley poles upon wires at least a half hour before the cars went into service, turning on the heat at the same time, the result that they were comfortably warm when placed upon the various lines for operation. Under existing conditions it requires some time to properly heat the cars upon leaving the car ho though it is our practice to turn on the heat to such degree of heating capacity as weather condii may require. Under the circumstances as herein stated, there is nothing we can do to improve existing condit (which are not due to neglect or carelessness upon our part,) unless we ignore the insurance rules, take the responsibility and risk of having our insurance policies cancelled. E. A. ; February 4th, 1910. JESSE W. TOBEY Attorney and Counsellor at Law 60 Wall Street. New York, February ist, 19 Public Service Commission, 154 Nassau Street, New York City Oentlemen : I wish to enter a complaint against the down-town trolley cars stopping at the corner of ]^ "hattan Street and Broadway directly in front of the entrance to the subway station. The cars wit exception stop with the front end of the car at the very entrance of the subway station, so that a pe ■endeavoring to enter the station from the west side is obliged to travel around the entire length of car in order to get into the station. There is no reason in the world why the cars should not stop so the rear end of the car is at the entrance of the station. As they do at the present time a person ei -entering or leaving the station is obliged to wait until the car starts or else go around the rear end of •car, which means traveling around the entire length of the car. This may seem a small matter, but it is extremely annoying to the residents and absolutely unnecesi Trusting that your honorable body may see fit to inquire into this, I remain, Yours very respectfully, (Signed) JESSE W. TOBE Travis H. Whitney, Esq., New York, February 5th, igu Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the 4th instant in reference to the complaint of Mr. Jesse W. Tobey. send you herewith copy of a report made by my Superintendent in respect to the matter, wl appears to be a satisfactory explanation of the apparently necessary inconvenience suffered Mr. Tobey, which I very much regret. Yours truly, Enclosure: " Receive] Frederick W. Whitridge, Esq., New York, February 5th, 191 Receiver. Dear Sir: The reason that our cars cannot stop any further south is that the pier supporting the sub structure at Manhattan Street would block the entrance to the cars. This would necessitate the cars g< 428 to the middle of the block, which would very much inconvenience our patrons. We cannot stop any fur- ther north than we do at the present time on account of a circuit breaker in the track. I will, however, issue orders, that our motormen are to go as far south as they can, at the same time leaving the rear exit clear of the subway pier. Respectfully yours, JAMES A. ROOSEVELT, General Superintendent. New York, February 5, 1910. Frederick W. Whitridge, Esq., Receiver, 42d St., Manhattanville & St. Nicholas Ave. Ry. Co., 130th Street and Third Ave., New York City. Dear Sir: — Complaint has been made that the tracks on the Broadway-Amsterdam Avenue line from 70th Street to a point near 726 Street on Amsterdam Avenue and in the neighborhood of 75th Street on Broadway are in bad shape and cause an unnecessary amount of noise when cars are operated over them. An in- spection shows that the complaint is well founded. Loose joints, rails out of surface, depressed rail treads, corrugations, etc., are among the defects noted. They are defects which can be removed at small expense. Will you inform the Commission by February 15 as to what repairs you will make to satisfy the complaint. Very truly yours, TRAVIS H. WHITNEY, GFD/TM Secretary. 2-4324 Travis H. Whitney, Esq., New York, February 7th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 5th instant in respect to repairs to the tracks on Broadway and Am- sterdam Avenue between 70th and 75th Streets. In answer to a certain complaint of Edith M. Clark in respect to these tracks, my Superintendent of Maintenance of Way reports to me as follows : "We have no tracks on Amsterdam Avenue at this location. An inspection of the "pavement in our tracks, on Broadway, shows that it is in reasonably good condition, "except at the special work at 71st Street. As this special work is under the charge of "the Metropolitan Street Railway Company, I am notifying their Engineer of Maintenance "of Way, so that he may take the necessary action to put it into condition." In view of your letter, I have however instructed him to do what is possible at a nominal expense. You are aware that I have estimated for a large sum to be expended on the tracks of the road under my jurisdiction, if the plan of reorganization is finally agreed upon, and I do not think it economical in view of the possibility of a near expenditure of that sort, to do much of anything at the present time at the points you mention. In addition to this you will perhaps recall that your Honorable Body has lately brought an action against me for some eight hundred and fifty or sixty thousand dollars. Whether this is for the purpose of demonstrating that I was in error, in my late examination before you, in 429 saying that I was not prepared to assume that public regulation would diminish the profits the Third Avenue Road, or whether this suit was brought for the gratification of some ot motive, I do not know. It seems to me plain that it cannot have been brought in the perfoi ance of any public duty, but it has been brought and in view of that fact and of the twaddl interviews which have appeared in one or two papers, purporting to come from members of y Commission, to the effect that as I have killed a policeman, a judgment is expected on this act in favor of the Commission, I suppose, as a prudent man, I am bound to abandon the expendit which I have been considering for new construction in the Bronx this Spring and every other penditure which can possibly be avoided, until I have accumulated enough money to pay this ju ment — when you have got it. Yours truly. Receive! Frederick W. Whitridge, Esq., Receiver, New York, February 8, 1910. Forty-second Street, Manhattanville & St. Nicholas Ave. Ry. Co., No. 2396 Third Avenue, New York City. Dear Sir: In your annual report for the year ended June 30, 1909, the answers to miles of underground < duit, page 43, are not yet reported. We trust you will be able to obtain the information within a short ti Very truly yours, AFW/ARB TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, February nth, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: Referring to yours of the 8th instant in respect to miles of underground conduit, I h; you herewith an approximate statement of the number of miles owned by the Third Avenue Re I cannot give it to you more accurately because there are a number of cases in which then a dispute between the Metropolitan Receivers and myself as to the ownership of the conduit. The attorneys have that matter under discussion and as soon as they come to a conclus — I am unable to say when that will be — I will furnish you with a corrected statement. Yours truly, Enclosure : Receivei New York, February nth, 1910. STATEMENT OF NUMBER OF DUCT FEET OF DUCTS ALONG THE LINES OF THE F< LOWING COMPANIES: Kingsbridge Railway Company ,.;... 633,691 duct feet Third Avenue Railroad Company ^ 3,029,020 " 42nd St., M. & St. N. Ave. Rwy. Co ,....) i,590,394 . " " Dry Dock, E. B. & Battery R. R. Co 123,119 " " Total 5,376,224 " " 430 Frederick W. Whitridge, Esq., Receiver, New York, February lo, 1910. Union Railway Company of New York City, 130th Street & Third Avenue, New York, N. Y Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 1198 adopted by this Commission at a meeting on December 24, 1909, requiring the filing of franchise and cor- porate documents. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Section 23 of the Public Service Commissions Law. Very truly yours, 1 TRAVIS H. WHITNEY, JHG/WFR Secretary. Enc O At a meeting of the Public Service Commission for the First District, duly held at its office. No. 154 Nassau Street, Borough of Manhattan, City and State of New York, on the 24th day of December, 1909. Present — William R. Willcox, Chairman. William McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis, Commisioners Case No. 1198. Order for Filing Documents, etc. RESOLVED: That the following be adopted and that it be served on each railroad corporation and street railroad corporation owning, leasing, operating or controlling a railroad or street railroad lying wholly or partly within the First District. YOU ARE HEREBY ORDERED AND REQUIRED to file with this Commission within thirty days after service of this order, exclusive of the day of service, sworn copies of each and every of the follow- ing books, records, contracts, documents and papers belonging to you or in your possession for yourself and for each and every company whose lines are owned, leased, operated or controlled by you, indorsing upon each sworn copy a statement of the public office, if any, in which the original is filed or recorded and the date of filing or recording, and if recorded the book and page where recorded; and also hereafter without further or other order to file with the Commission within five days after their execution or adop- tion sworn copies of any further books, records, contracts, documents or papers affecting the subject matter of this order. Where any book, contract, record, document or paper has been filed by you before service of this order, the filing of a duplicate is not required, but it should be referred to as having -been already filed : (i) Certificates of incorporation, including those of predecessor companies. (la) By-laws now in force. (2) Supplemental or amended certificates of incorporation, including those of predecessor companies. (3) Statements of proposed extensions of route filed by present or predecessor companies, pursuant to section 90 of the Railroad Law. (4) Transcript of corporate records relative to increases or decreases of capital stock of present and predecessor companies and authorization of mortgages, bond issues and other corporate securi- ties proposed, outstanding or uncanceled. (5) Consolidation and merger agreements, including those of all predecessor companies. (6) Consents of local authorities constituting franchise rights, including those granted to predecessor companies. (6a) Consents of local authorities relative to change in motive power, including those granted to predecesor companies. (6b) Agreements with the Dock Department, Bridge Commissioner or other municipal authorities. (6c) Agreements with and permits from the Federal authorities. 431 (7) Affidavits that necessary property owners' consents have been secured in each instance where- necessary, stating dates and places of filing, including those of predecessor companies; consents granted by local authorities as property owners should be furnished in full. (8) Orders of the Board of Railroad Commissioners granting or denying certificates of public con- venience and necessity to present or predecessor companies; also all judicial decisions relative ta any such order or the applicatioij therefor. In lieu of furnishing such orders and decisions you may, at your option, furnish exact references to all such orders and decisions, giving the dates, thereof and also the dates of all applications for such orders. (9) Applications to and orders issued by the Board of Railroad Commissioners relative to approval of or change in motive power; or in lieu thereof a reference to the dates of such applications and orders. (10) Applications to and orders issued by the Board of Railroad Commissioners relative to changes in capital stock or bond issues; or in lieu thereof a reference to the dates of such applications and orders. (11) Certificates of abandonment of route. (12) Leases affecting franchises, road or equipment, including specifically all leases of predecessor companies under chapter 302 of the Laws of 1855, chapter 254 of the Laws of 1867, chapter 505 of the Laws of 1879 and section 79 of the General Railroad Law. (13) Deeds, mortgages and other documents in the chain of your title, not including under this requirement documents relating exclusively to specific parcels of real estate. (14) All deeds, leases or other instruments by which present and predecessor companies acquired title to or interest in any piece or parcel of realty within the First District now owned in fee or otherwise owned, held or controlled by you, whether forming a part of your right of way or otherwise. (In lieu of complying with this requirement you may, at your option, furnish original maps or blueprints, showing the location and boundaries of each piece or parcel of land afore- said, and indicating for each such piece or parcel the names of the parties to all deeds, sub- sisting leases or other conveyances to present or predecessor companies, the nature of the instru- ment and the interest conveyed thereby, its date, and, if recorded, the liber and page where recorded; but full copies must be furnished of instruments not recorded. (15) All traffic and trackage agreements, including your agreements with express companies, com- panies engaged in the removal of ashes or other refuse or other companies operating upon any portion of your lines. (16) All agreements with terminal companies and freight warehouse companies and with other rail- road companies. (17) All court decisions in actions in which you or predecessor companies were parties affecting your intercorporate relations or your public rights, duties and obligations, or in lieu thereof exact references to all such decisions. Corporations operating steam railroads not wholly within the First District are exempted from com- pliance with this order except as to books, records, contracts, documents and papers relating to or affecting their rights, franchises, property, obligations or passenger, freight or express traffic within the First District. Corporations operating street railroads partly outside of the First District are exempted from com- pliance with this order as to all books, records, contracts, documents and papers relating exclusively to their . rights, franchises, property, obligations and passenger, freight or express traffic wholly outside of the First District. IT IS FURTHER ORDERED: That this order shall take effect immediately and shall continue in force until modified or abrogated by further order of the Commission. IT IS FURTHER ORDERED : That this order shall supersede Order No. 8, adopted August 2, 1907. Travis H. Whitney, Esq., New York, February nth, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir: I have yours of the loth transmitting order 1198 calling for a vast amount of information, most of which I do not think I have, but I am informed also that it was all furnished to you 432 by the Metropolitan Receivers before my appointment. I have instructed my Auditor and Gen- eral Manager and every one concerned to make search and see how much of the stuff you think you want, we have not already sent you, and have it copied and sent you as promptly as possible. Yours truly. Receiver. Frederick W. Whitridge, Esq., February 14th, 1910. Receiver of the Third Avenue R. R. Co., 130th Street and Third Ave., New York City, N. Y. Dear Sir: I beg to acknowledge receipt of your favor of the nth inst. relative to the filing of documents. At the request of H. A. Robinson, Esq., your Counsel, we are preparing a complete list of documents filed by or on behalf of the Third Avenue Railroad Company and its subsidiaries, which will be transmitted to you for verification and checking in a day or two. Be assured that we appreciate your courtesy in render- ing such prompt and willing compliance with the orders of this Commission. Respectfully yours, TRAVIS H. WHITNEY, DFW/LMB Secretary. Travis H. Whitney, Esq., New York, February 14th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I enclose herewith a copy of the contract between the Ames Transfer Company and Fred- erick W. Whitridge, Receiver of the Third Avenue Railroad Company, relating to the removal of ashes from the power houses, etc. This paper is called for by your Order in Case #1198, requiring the filing of documents. Yours truly. Enclosure: l. General Manager under Receiver. Edward A. Maher, Esq., Gen'l Mgr., New York, February 15th. 1910. Third Avenue Railroad Co., 130th Street and Third Ave., New York City, N. Y. Dear Sir : I beg to acknowledge receipt of your letter of February 14 enclosing for filing with this Commission copy of contract between the Ames Transfer Company and Frederick W. Whitridge as receiver of the Third Avenue Railroad Co., relating to the removal of ashes from the power houses, etc. Permit me to call your attention to the fact that Order No. 1198 requires that all documents filed with the Commission be certified by somebody competent to vouch for the correctness of the copy. If you will have such a certification prepared and sent to us we will see that it is attached to the agreement filed by you today. If you prefer you may send us a certified copy, in which case the uncertified agree- ment will be returned to you. Yours very trulv, TRAVIS H. WHITNEY, RCH/LMB Secretary. 433 Travis H. Whitney, Esq., New York, February i6th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir : Replying to your favor of February 15th, I enclose herewith a certified copy of the agree- ment between the Ames Transfer Company, Inc., and Frederick W. Whitridge, Receiver of the Third Avenue Railroad Company. This replaces the uncertified agreement sent you under date of the 14th instant, which we will thank you to return to us. Yours truly. Enclosure: i. ' General Manager under Receiver. Frederick W. Whitridge, Esq., New York, February nth, 1910. / Receiver, Union Railway Co., 2396 Third Avenue, New York City. Dear Sir : 1 have your letter of the 5th inst., enclosing a copy of memorandum from your General Manager, and the difficulties which you mention are fully appreciated. The Metropolitan Street Railway Co. are subject to the same restrictions and conditions, but I find from investigation made by inspectors, that the cars are run out of the barns and heated from 20 to 30 minutes every morning before starting. Perhaps you might be able to improve the conditions somewhat by following the same method. Very truly yours, EGC/LEK TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., February i6th, '10. Secretary, Public Service Commission, Tribime Building, 154 Nassau Street, New York City. Dear Sir: — We desire to acknowledge receipt of your favor of February nth regarding the question of heating cars before leaving the barns in the early morning, and we note that you say the Metropolitan Street Railway Company is subject to the same restrictions and con- ditions ; but you find from investigation that the cars are run out of the barns and heated from twenty to thirty minutes every morning before starting. We will take the matter up with the Insurance people and endeavor to have their order so amended that it may be possible for us to turn the heat on our cars within a reasonable time each morning before going into service. We enclose you copy of letter mailed to our Insurance representatives. Yours very truly, EAM/MFT. General Manager Under Receiver. 434 Messrs. Marsh & McLennan • February i6th, 'lo. 54 William Street, New York City. Gentlemen : Some short time ago complaint was made to the Public Service Commission to the effect that cars of the Union Railway Company in the early morning hours were not properly heated. In answer to the complaint we stated that one of the conditions under which our insurance was placed with the several Companies was "that immediately upon housing the cars at night the trolley poles must be taken from the wires and tied down and kept in that condition until they were ready to go in service again." We have been endeavoring to live up to this understanding and as a rule the poles are all tied down when the cars are housed, and for this reason on the first trips in the morning the cars are run out without heat and it takes some little time before they become heated properly. To this excuse we have received a reply from the Public Service Commission to the effect that the Metropolitan Street Railway Company is subject to the same restrictions and conditions; but the Public Service Commission find from investigation made by their inspectors, that the cars are run out of the barns and heated from 20 to 30 minutes every morning before being placed in service. The question is : has the Metropolitan Company the authority of the several Insurance Com- panies to do this, or are they doing it without permission? If it has that permission we should like very much to be granted the same privilege, so that when our cars go out there will be some degree of heat in them, which will make them at least comfortable. Will you kindly let us have your views upon this subject, and oblige, Yours very truly, EAM/MFT. General Manager under Receiver, Travis H. Whitney, Esq., February 23d. '10. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Further replying to your favor of February nth, with respect to the heating of our cars in the early morning hours before placing them in service, we desire to state, as promised in our communication to you, that we took up the matter with our insurance people several days ago, and from them we have a report this morning which in part reads — "It certainly would not be satisfactory to the Insurance Companies to leave the current on the cars while stored in the barns, and it is not the practice with the Metropolitan Company to do this. In fact, if this practice were adopted a great many important companies would cancel the risks, and we would again be short of Insurance." Yours very truly, EAM/MFT. General Manager under Receiver. 435 F. W. Whitridge, Esq., New York, February 14, 1910. Receiver, Union Railway Co., 130th St. and 3rd Avenue, New York, N. Y. Dear Sir : — Since receipt of your letter of January 27th, a further inspection has been made of the service on th White Plains Avenue line and the Fordham Heights or Kings Bridge line. If regular intervals were maintained between cars, there would probably be no reasonable ground fc complaint of inadequate service. There may be some peculiar reason why the headway of cars on Webst€ Avenue and Melrose Avenue between 149th Street and Fordham Road cannot be kept regular, but if s( no mention has been made of it in any correspondence or by the officials of the Union Railway Company. The observation showed that the number of passengers per car ranged from as low as 6 to as hig as 49 without any apparent reason, except that there were long gaps between. Will you give this feature of operation further attention and inform the Commission as to what ha been done to improve it? If your observations do not bear out the statement that the headways are irregu lar, and that by reason of it the loads are unevenly distributed, I should be glad to have you furnish m with the facts. Very truly vours. GFD-P ' TRAVIS H. WHITNEY, C-4168 Secretary. Travis H. Whitney, Esq., February 15th, 10. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New Yerk City. Dear Sir: — Replying to your favor of February 14th, addressed to the Receiver of this Company, witt respect to the service on the White Plains Avenue Line and the Fordham Heights or Kings Bridge Line, we desire to state that we operate two lines over the routes mentioned — the King; Bridge Line starting from 149th Street and Melrose Avenue and terminating at Bailey Avenue and 230th Street, and the White Plains Avenue Line which is operated from 128th Street anc Third Avenue and terminates at White Plains Road and 242nd Street. As both these lines run on different headways, it means that two cars are liable on cer- tain portions of the route to be together, while at other times they will be a considerable dis- tance apart. The conditions at this season of the year on many of the streets in the Bronx are such as to make the operation of cars difficult and unsatisfactory, notwithstanding the fact that we are doing everything possible to keep up regular headways upon our several lines. If the Commission would place inspectors at the Gun Hill Road between Webster and White Plains Avenues, especially during rush hours, they would readily observe the reason for delays in the operation of our White Plains Avenue cars. This Gun Hill Road has a steep grade for a considerable distance, and as it is the principal connecting roadway between two important thoroughfares over which there is a great amount of vehicle traffic, of all descriptions, including many heavy laden trucks, which frequently meet with difficulty in hauling their loads up the steep grade in question, with the result that our cars are blocked and traffic delayed more or less every business day. Another serious handicap we have to contend with regarding the operation of cars on both lines referred to in your complaint is that there is and has been for about two years under con- 436 struction, a trunk sewer on Webster Avenue South of Wendover Avenue, which necessitates the operation of cars upon a siding for about i,ooo feet, and we are compelled to remove our tracks from one side of the roadway to the other as the sewer work progresses. Teams are en- gaged in the hauling of material to and from the sewer, causing frequent delays and interrup- tions along the route over which both the White Plains Avenue and the Kings Bridge cars are operated, , Another cause for delay is due to the operation of cars over the Third Avenue Bridge. The frequent opening of that Bridge between ten and five o'clock daily seriously interferes with the headway upon all of the lines operating over said Bridge. These are facts that can only be verified to your satisfaction by an investigation of the conditions which exist and the difficulties we meet with in the operation of our cars, and while inspectors may be stationed at some given point noting irregularities in the service, the reason for them can only be ascertained and determined by an investigation as to the cause of such irregularities and delays. We are watching the operation of cars upon the Union Railway lines with all possible attention, and are doing the very best we can to give to the public the service it deserves. If we cannot do so it is certainly due to conditions over which we have no control, and not at all due to indifference or carelessness upon the part of the operating officials of this Company. We have, however, called a meeting of our Superintendents and Inspectors for Thursday afternoon of this week, when we propose to take up with them in detail the various complaints that have been made, particularly of the service referred to in your communication of February 14th, and if there is anything at all that we can do to better it we shall certainly do so and do it at once. Yours very truly, EAM/MFT. General Manager Under Receiver. Frederick W. Whitridge, Esq., New York, February 15, 1910. Receiver, Third Avenue R. R. Co., 130th St. & 3rd Ave., N. Y. C. Dear Sir: I am sending you herewith for your convenience in checking up documents called for by Order 1198, a list of papers already on file with the Public Service Commission aflfecting the Third Avenue Railroad Company and its subsidiary companies. A duplicate has been sent to Mr. H. A. Robinson at his request. I will call particular attention to the requirement of Order 1198 that all documents filed should be certified by affidavits of one in a position to vouch for the correctness of the copy. Very truly yours, RCH/Z TRAVIS H. WHITNEY, Ena > Secretary. LIST OF DOCUMENTS FILED WITH THE PUBLIC SERVICE COMMISSION AFFECT- ING THE THIRD AVENUE RAILROAD COMPANY AND ITS SUBSIDIARY COMPANIES: THIRD AVENUE RAILROAD COMPANY. 1. "Compilation of the Charters, Acts, Ordinances and Agreements, by virtue of which the Third Avenue Railroad Company is Operated," dated January i, 1887. 2. Certificate of extension on St. Nicholas Avenue, etc., dated February 28th, 1883. Uncertified. 3. Certificate of extension on Kingsbridge Road and other streets, dated February 16, 1895. Un- certified. 437 4- Certificate of extension on 145th Street and other streets, dated August 15th, 1895. Uncertified 5. Certificate of extension on East 79th Street, etc., February 9, 1897. Uncertified. 6. Certificate of extension on East 99th Street, February 9, 1897. Uncertified. 7. Certificate of extension on Pleasant Avenue, February 9, 1897. Uncertified. 8. Certificate of extension on 145th Street, February 9, 1897. Uncertified. 9. Certificate of extension on Fort George Avenue, February 23, 1909. 10. Certificate of increase of capital stock from $5,000,000 to $7,000,000, February 17, 1893. Ui certified. 11. Certificate of increase of stock from $7,000,000 to $9,000,000, January 12, 1895. Uncertified. 12. Certificate of increase of stock from $9,000,000 to $12,000,000, August 29, 1896. Uncertified. 13. Certificate of increase of stock from $12,000,000 to $40,000,000, July 24, 1899. Uncertified. 14. Consent of Railroad Commissioners to increase of stock to $40,000,000, August 16, 1899. Unce: tified. 15. Resolution of Common Council, December 31, 1852, regarding common use of tracks on Bower etc. 16. Franchise granted January 9, 1909, by City of New York for Fort George Avenue extension. 17. Contract with City of New York, March 4, 1909, for Fort George Loop Extension. 18. Consent of property owners for Fort George Loop Extension. 19. Consent of Railroad Commissioners to change motive power to underground electricity, Augu; 2, 1898. Uncertified. 20. First Mortgage to Farmers Loan & Trust Company for $5,000,000, July i, 1897. Uncertified. 21. Consent of Railroad Commissioners to $50,000,000 mortgage. May 14, 1900. Uncertified. 22. First Consolidated Mortgage to Morton Trust Company for $50,000,000, May 15, 1900. Unce: tified. 23. Decree of foreclosure and sale. May 17, 1909. TRACKAGE AGREEMENTS. In addition to trackage agreements included in Pamphlet No. i, the following has been filed : 24. Track agreement with Dry Dock, East Broadway and Battery Railroad Company, August 21, 186 25. Agreement with Avenue C Railroad Company, December 26, 1871. Uncertified. 26. Track agreement with New York and Harlem Railroad Company, October 2nd, 1890. Uncertified 27. Letter March 15th, 1892, from Sixth Avenue Railroad Company, relative to crossing at Leno Avenue and 125th Street. Uncertified. 28. Agreement with Lexington Avenue and Pavonia Ferry Railroad Company, February 23, 189 relative to ii6th Street tracks. Uncertified. 29. Copy of correspondence with Metropolitan Street Railway Company, September, 1895, relatiA to crossing at 125th Street and Lexington Avenue. Uncertified. 30. Agreement with Manhattan Railway Company, April 31, 1899, adjusting Transfers. 31. Agreement with 42nd St., Manhattanville & St. Nicholas Ave. Ry. Co., November 3, 1904, cove; ing tracks on Manhattan Street. Uncertified. 32. Operating agreement, February 29, 1908, between Receiver of Third Avenue Company and King: bridge Railway Company. Uncertified. 33. Agreement between Receiver of Third Avenue Company and Receivers of Metropolitan Strei Railway Company, dated March 10, 1908, cancelling track agreements of December 31, 189 34. Agreement between Receiver of Third Avenue Company and Receivers of New York City Rai way Company, dated June 22, 1908, for interchange of electric power. 35. Agreement between Receiver of Third Avenue Company and Receivers of Metropolitan Stre< Railway Company, dated July 26, 1909, covering maintenance of special work. Uncertified. MAPS. 36. Tariflf Map, filed October 22, 1908. 27. Maps showing real estate in New York City, filed April 17, 1909. DRY DOCK, EAST BROADWAY AND BATTERY RAILROAD COMPANY. 1. Pamphlet entitled "Compilation of Charters," dated August 24, 1897. 2. Mortgage to Farmers Loan & Trust Company, December i, 1892, $1,000,000. 3. Copy of certificate of indebtedness, payable February i, 1914, authorized issue of $1,200,000. Ut certified. 4. Track agreement with Twenty-third Street Railway Company for use of tracks on First Avenu July 31, 1873. 438 5 6, 7- 8. 9 lO. Agreement with Houston, West Street and Pavonia Ferry Railroad Company, July 31, 1874. Agreement August 24. 1885, with Christopher & lOth Street Railroad Company, for crossing at loth Street and Avenue B. Uncertified. Agreement August 24, 1885, with 23rd Street Railroad Co. for crossing 23rd Street and Avenue A. Uncertified. Agreement with Broadway and 7th Avenue Railroad Company, August 5, 1891, for crossing at Grand, Canal and Walker Streets and Broadway. Uncertified. Agreement with Metropolitan Street Railway Company, December 31, 1897. Agreement August i, 1904, with New York City Railway Company, relative to transfers. Un- certified. Agreement with New York City Railway Company, January i, 1905, for tracks on Essex and other Streets. Agreements with New York City Railway Company relative to supply of electric power and cars, December i, 1905. Uncertified. Agreement with Railway Advertising Company for advertisements on transfer tickets, March 20th, 1906. Uncertified. Agreement with Metropolitan Railway Company and 42nd Street and Grand Street Ferry Railroad Company, May 27, 1906. for use of Grand Street tracks. Uncertified. Agreement March 10, 1908, between Receiver of Dry Dock Company and Metropolitan Street Railway Company, cancelling trackage agreement of December 31. 1897. Copy of correspondence between Receiver of Dry Dock Company and Receivers of New York City Railway Company, April, 1908, for operation over Williamsburg Bridge. Uncertified. Agreement between Receivers of New York City Railway Company and Receiver of Dry Dock Company for interchange of electric power, June 22, 1908. Agreement between Receiver of Dry Dock Company and Receivers of Metropolitan Street Railway Company, covering maintenance of special work, July 26th, 1909. Uncertified. Agreement between Receiver of Dry Dock Company and Receivers of Metropolitan Street Railway Company, July 27, 1909, for electrification of Canal Street Tracks. Uncertified. MAPS. 20. TariflF Map filed October 22. 1908. 21. Property Maps filed April 17, 1909. 22. List and description of operated routes, October 21, 1908. FORTY-SECOND STREET, MANHATTANVILLE AND ST. NICHOLAS AVENUE RAILWAY COMPANY. I. 2. 3- 4- 5- 6. 7- 8. 9- ID. 12. 13- 14- 15- 16. 17- Pamphlet, entitled "Compilation of Charters," July i, 1896. Certificate of extension on 42nd Street, etc., May 12, 1884. Certificate of extension on Kingsbridge Road, January 30. 1897. Uncertified. Certificate of extension on St. Nicholas Ave. and other streets, January 30, 1897. Uncertified. Certificate of extension on Lenox Ave., February 9, 1897. Uncertified. Certificate of extension on West 66th St., etc., February 9. 1897. Uncertified. Certificate of extension on West 96th St., etc., February 9, 1897. Uncertified. Certificate of extension on Pleasant Ave., February 9, 1897. Uncertified. Certificate of increase of capital stock to $7,500,000, dated, 1899. Uncertified. Approval of Railroad Commissioners to increase of stock to $7,500,000, August 16, 1899. Un- certified. Act to regulate the laying and using of tracks on Amsterdam Ave. Chapter 371, Laws of 1899. LTncertified. Mortgage to Union Trust Company of New York, $1,200,000, March loth, 1880. Uncertified. Mortgage to Union Trust Company of New York, $1,600,000, July i, 1885. Uncertified. Agreement with Houston, West Street and Pavonia Ferry Railroad Co., March 20, 1886. for use of Lexington Avenue tracks. Uncertified. Track agreement with Houston, West Street and Pavonia Ferry Railroad Company for 42nd Street tracks, etc., July 13. 1886. Uncertified. Agreement with Houston, West Street and Pavonia Ferry Railroad Co.. December 15, 1886, for use of tracks on 42nd Street. Uncertified. Supplemental agreement with Metropolitan Street Railway Company, dated December -31, 1897. Uncertified. 439 [8. Track agreement with Metropolitan Street Railway Company, December jist, 1897. Uncertified. 19. Joint statement and agreement with North Eind Street Railway Company, etc., for certificate of convenience and necessity for the Boulevard, July 13, 1888. Uncertified. 20. Agreement with Metropolitan Street Railway Company, December 31, 1898, for relocation of tracks on 42nd Street. Uncertified. 21. Agreement with New York Central & Hudson River Railroad Company, August 24, 1897, for crossing at 42nd Street and nth Ave. Uncertified. 22. Agreement dated October 24, 1901, with Metropolitan Street Railway Company for use of tracks on Broadway between 59th and 45th Streets. 23. Agreement dated March 4, 1902, with Metropolitan Express Company. Uncertified. 24. Agreement dated February 20, 1904, with Interurban Street Railway Company for use of tracks between 71st and 130th Street Ferry. 25. Agreement dated August 25th, 1904, with New York City Railway Company, covering joint use of tracks. 2(>. Agreement with Third Avenue Railroad Company, dated November 3, 1904, for use of tracks on Manhattan Street. Uncertified. 27. Agreement with Railway Advertising Company for advertisements on transfer tickets, March 20th, 1906. Uncertified. 28. Agreement dated March 10, 1908, between Receiver of 42nd Street Company and Receivers of Metropolitan Street Railway Company cancelling track agreement of December 31, 1897. Un- certified. 29. Agreement dated June 22, 1908, between Receiver of 42nd Street Company and Receivers of New York City Railway Company for interchange of electric power. Uncertified. 30. Agreement dated July 25, 1909, between Receiver of 42nd Street Company and Receivers of Metropolitan Street Railway Company for maintenance of special work. Uncertified. 31. Agreement dated August 4, 1909, with New York Central & Hudson River R. R. Company, rela- tive to crossing at 42nd St. and nth Ave. Uncertified. MAPS. 32. Tariff Map filed October 22, 1908. 33. Property maps filed April 17th, 1909. 34. List and description of operating routes, October 21, 1908. KINGSBRIDGE RAILWAY COMPANY. 1. Pamphlet entitled "Compilation of Proceedings Constituting Charter," April i, 1901. 2. Promissory note for $2,248,792.70, dated May 15, 1900. Uncertified. 3. Joint statement and agreement with Metropolitan Street Railway Co., etc., dated July 8, 1908, for tracks on the Boulevard. Uncertified. 4. Agreement with Metropolitan Street Railway Company, July 8, 1901, for construction of road. Uncertified. 5. Agreement with John B. McDonald, etc., for construction of bridge over Harlem Ship Canal, March 9, 1905. Uncertified. 6. Operating agreement with New York City Railway Company, May i, 1906. Uncertified. 7. Operating agreement with Receiver of Third Avenue Railroad Company, February 29, 1908. Un- certified. 8. Agreement June 22, 1908, between Receiver of New York City Railway Company and Receiver of Third Avenue Railroad Company for interchange of electric power. Uncertified. 9. Tariff Map filed October 22, 1908. UNION RAILWAY COMPANY OF NEW YORK CITY. 1. Pamphlet entitled "Compilation of Act and Proceedings Constituting Charter," dated April 2, 1894. 2. Statement of proposed extension on Willis Avenue, May 13, 1905. Uncertified. 3. Certificate of extension on Pelham Avenue, December 9, 1909. 4. Franchise in Village of South Mount Vernon, April 14. 1894. Uncertified. 5. Franchise for McComb's Dam Bridge, September 8, 1903. 6. Franchise in City of New York, December 18, 1908, for Fordham Road, etc. 7. Franchise in City of New York, December 18, 1908, for Pelham Ave., etc. 8. Contract with City of New York, March i, 1909, for road on Pelham Avenue. 440 9. Supplemental agreement with City of New York, April 13, 1909, for payment of annual charges for franchise on Pelham Avenue. 10. Resolution of Board of Estimate and Apportionment permission construction of siding on Broad- way and 242nd Street, December 3, 1909. 11. Consents of property owners for road on Pelham Avenue, December 2, 1902, to January, 1909. 12. Approval of Board of Railroad Commissioners to operation of overhead trolley system, December 10, 1902. Uncertified. 13. First Mortgage to the Central Trust Company of New York, August i, 1892. $2,000,000. 14. Agreement dated March 10, 1904, with New York and Harlem Railroad Company for use of tracks on Madison Avenue Bridge. 15. Agreement with New York City Railway Company, June 21, 1897, for road on i3Sth Street. Un- certified. 16. Agreement with Westchester Electric Railroad Company, etc., November 26, 1901, for tracks on Webster Avenue, etc. Uncertified. 17. Agreement March 4, 1902, with Metropolitan Express Company. Uncertified. 18. Agreement December 2, 1904, for use of tracks of Bronx Traction Co. 19. Agreement with New York City Interborough Railway Company for use of tracks on Aqueduct Aventie, etc., May 8, 1908. Uncertified. 20. Agreement, May 8, 1906, with New York City Interborough Railway Company for exchange of transfers. Uncertified. 21. Track agreement with New York City Interborough Railway Company, June 25, 1907. Uncer- tified. 22. Agreement, June 22, 1908, with Receivers of New York City Railway Company for interchange of electric power. Uncertified. MAPS. 23. Tariff Map filed October 22, 1908. 24. Map showing real estate, December, 1908. 25. State of operated routes, March 10, 1908. 26. Agreement with Railway Advertising Company relative to advertisements on transfer tickets, March 20, 1906. Uncertified. SOUTHERN BOULEVARD RAILROAD COMPANY. 1. Pamphlet containing franchise documents, dated June i, 1903. 2. First Mortgage to Central Trust Company of New York, July ist, 1895. Uncertified. 3. Agreement with Metropolitan Express Company, March 4, 1902. Uncertified. 4. Agreement dated June 22, 1908, with Receivers of New York City Railway Company, for inter- change of electric power. 5. Description of routes, October 19th, 1908. BRONX TRACTION COMPANY. 1. Pamphlet containing franchise documents of constituent companies, July i, 1903. 2. Certificate of extension of route on Clason Point Road, December 9, 1908. 3. Franchise from City of New York for Clason Point Road, December 21, 1908. 4. Contract with City of New York, Feb. 21, 1909, for Clason Point Road. 5. Operating agreement with Union Railway Company of New York City, November 2, 1904. WESTCHESTER ELECTRIC RAILROAD COMPANY. I. Pamphlet entitled "Franchise Documents" dated June i, 1903. YONKERS RAILROAD COMPANY. I. Pamphlet entitled "Franchise Documents" dated June i, 1903. 441 Order 1198. Travis H. Whitney, Esq., New York, February i8th, 1910. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: We desire to acknowledge receipt of your favor of February 15th, containing a list of papers already filed with the Public Service Commission affecting the Third Avenue Railroad Company, and its subsidiary companies, and we thank you very much for the same. Yours very truly, EAM/MFT. General Manager Under Receiver. Frederick W. Whitridge, Esq., New York, February i6th, 1910. Receiver, Union Railway Co., 130th St. & Third Avenue, New York City. Dear Sir : On February loth, at 7:35 P. M., a car was derailed at Fordham Road and Tiebout Avenue. After leaving the track the car travelled approximately 120 feet over a hard road, and run into a butcher shop. I understand that this accident was duplicated a few years ago. It is probable that the accident was, to some extent, due -to the carelessness or recklessness of the motorman, and the curve may not have been properly greased. But some of the fault perhaps is attributable to the condition of the curve, which should be reconstructed of a spiral design with proper guard rail and proper gauge. I should also suggest that a "stop" or "slow" sign located at the proper point would have a tendency to cause motormen to go around the curve at a proper speed, and might be the means of avoiding a serious collision with automobiles or other vehicles at this crossing. Will you please advise the Commission what improvements, if any, you contemplate making in order to make the conditions better and more safe at this point. Very truly yours, EGC/LEK TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, February, i8th, 1910. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York Gty. Dear Sir: Replying to your favor of February i6th, regarding the derailment of one of our cars at Fordham Road and Tiebout Avenue on February loth, we desire to submit a statement taken from a report made by our Superintendent. "On February loth, 1910, car #561 operated by Motorman William Kroohs, Badge #1080, and Conductor J. Burke, Badge #211 of the Kingsbridge Line, jumped track at Fordham Road and Tiebout Avenue at 7:35 p. M., where there is a sharp curve, and car ran for a distance of about eighty-five feet across the curb and into a building occupied by a butcher named Wolf. "The front part of the car went through the building and into the same for a distance of about ten feet. No one was seriously injured. 442 "Our track foreman with his assistant arrived about an hour after the accident happened, and examined the track and curve, and gauged the same, and found the curve to be in good condi- tion, and it is my opinion that the Motorman ran too close to the curve before realizing it, strik- ing the same hard, causing car to jump track. "The Motorman claimed the brakes were locked ; but a thorough investigation was made by the foreman and our Master Mechanic, and the car was found to be in good condition, and the brakes were not locked. "There is a guard rail on the inside and outside of each track on this curve which is about sixty feet in length, and the outside rail has an elevation of i^^" around the curve. This curve is greased each day, and the instructions to the track greaser have been to use grease and not oil on this particular curve. "On March 17th, 1905, Motorman Gootschalk jumped track with his car at this same curve running into the same building, and he admitted at the time that he was too close to the curve before he realized it, and could not stop his car in time to prevent striking the curve with great force, which caused the car to leave the rail, and we are of the opinion that the same conditions apply to the recent accident. "There is a down grade from Valentine Avenue to the point of curve at Tiebout Avenue where this car jumped the track, a distance of about 215 feet. "All Mortormen operating cars on Kingsbridge have been instructed about slowing down at all curves , but at this one in particular." In connection with this report we have directed as a further possible means to avoid acci- dents, and in accordance with your suggestion, that "slow down" signs be placed at this point im- mediately, and we have also requested our Engpineers to have a survey made for the purpose of installing a spiral curve, and we will see to it that as soon as the survey is made and measure- ments taken, an order will be given at once for said spiral curve, and we will have it installed immediately upon its receipt from the Company to whom the order will be given. Yours Yery truly, EAM/MFT General Manager Under Receiver. The Public Service Commission, New York, February 15th, 1910. 154 Nassau Street, New York City. Gentlemen : On Monday, February 14th about 8:15 in the morning I took car No. 10 of the Westchester Elec- tric Company for West Farms, 177th Street; notwithstanding the cold morning the car was not heated, and when I called the conductor's attention he looked at me in amazement but did not reply. Will you kindly issue instructions that the ladies retiring room of the Union Railway Company on White Plains Avenue and 242nd Street, should be opened all the time. It happens very often that said place is closed and it is necessary to chase around the street to find the proper party having the key. Fur- thermore strict instructions should be given that the retiring place for the ladies should not be used by the employes of the roads. I would strictly recommend that when conductors or motormen are in the waiting room that they should not be permitted to smoke, as they do, contrary to the sign posted there. This smoking annoyance applies not only to this special waiting room but also to the one of the Union Railway Company at Bronx Park and 200th Street. I have seen some time around midnight from 15 to 20 motormen and conductors of the Union Railway Company at the last named place each smoking a pipe which makes the sitting in the place absolutely 443 unbearable and I have heard from time to time ladies speaking about that matter and it seems to me that cashier in charge of that place should see the sign of "No smoking" should be obeyed to the letter. If necessary let the Railway Company have a special room reserved for their employees for smoking and talking. Yours very truly, (Sgd) L. LEBEL. Travis H. Whitney, Esq., February 17th, 1910. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: We desire to acknowledge receipt of your favor of February i6th, enclosing a copy of a com- plaint made by Mr. L. Lebel of No. 59 Pearl Street, in which he states "that he boarded car No. 10 of the Westchester Electric Railroad Company on Monday, February 14th, and found car was not heated and when he called the Conductor's attention he looked at him in amazement, but did not reply." As to this part of his complaint we desire to state the car in question belongs to and is under the control and management of the Receiver of the Westchester Electric Railroad Company, and we are not responsible for its condition or operation. With respect to his request "that the Ladies' Retiring Room of the Union Railway Company at White Plains Avenue and 242nd Street should be opened at all times, and that it should not be used by the employees of the road," we respectfully submit that the only time the room in question is closed is during the "rush hours" of the morning and evening, when the duties of the Starters in charge require them to be at the terminus of the line — which is a block away. At all other times the room is open, and our Starters most strongly deny that the Ladies' Retiring Room is ever used by our employees or other men patrons of our road, excepting the Janitor in charge of Waiting Rooms, whose duty it is to see that they are kept in a sanitary con- dition. At the Waiting Room in question, there has been provided an apartment in the basement for our employees, which is provided with all the necessary accommodations, including tables and chairs, and is always kept clean and comfortable. The only time the Waiting Room is used by the employees is when they are waiting for their cars — during relief hours. Smoking signs are placed prominently in this Waiting Room, and our Starter informs us that the men do not make a practice of smoking during the short time they occupy it daily. We have given instructions that the attention of our employees be called to these "Smoking signs," and Starters have been directed to see to it that the employees and others obey them. With respect to the statement that "Mr. Lebel has sometimes seen around midnight from fifteen to twenty men — conductors and motormen of the Union Railway Company, in the Waiting Room at Bronx Park near 200th Street, each on 3 of them smoking a pipe," etc., we can only say that this Waiting Room is also used as a Cash Receiver's office of the Company, where the men turn in their receipts, transfers and day cards after their work is over each day, and no doubt around the hours mentioned the men congregate -in a considerable number in the Waiting Room, awaiting their chance to make their daily reports and returns of receipts, etc. 444 The employees in charge of our office at this point have been in our employ for a long period, and we are quite sure if any complaints were made by your patrons to them, that they would receive immediate attention. In several of our Waiting Rooms where the men are compelled at times in the discharge of their duties to assemble, ample accommodations have been provided so they will not interfere or mingle with those occupying the Waiting Room. Not because we feel that they should be treated differently from any other individual who may be occupying the said Waiting Rooms, but for the purpose of avoiding unreasonable, unnecessary, and at times unjust complaints against them. Yours very truly, EAM/MFT. General Manager Under Receiver. L. Lebel, Esq., February 17, 1910. No. 59 Pearl Street, New York City. Sir: Enclosed herewith you will find a copy of a letter addressed to the Secretary of the Public Service Commission, in response to your complaint filed with the Commission. Yours very truly, (Signed) EDWARD A. MAKER, General Manager Under Receiver. New York, February 21st, 1910. The Public Service Commission, 154 Nassau Street, New York City. Subject — Car- Ahead Nuisance. Dear Sirs: On Friday, February i8th, I took in Tremont Avenue at 5 145 P. M., Car No. 691 of the Union Railway Company, having a sign Mount Vernon. This car was heated and lighted and had about 28 passengers on same. When reaching West Farms and 177th Street on the Southeast corner, Starter No. 24 jumped on the car shouting the order "Car ahead." Leaving this car with other passengers I found ahead of us car number 562, a so-called pay-as-you- enter car, besieged by a large crowd of people. The crowd that was compelled to take this car was so large, that quite a number of the passengers had to stay on the rear platform ; outside of myself I counted eight of them doing the same. The passengers who were waiting at 177th Street could have easily filled car No. 562 and there was absolutely no necessity of our being compelled to leave car No. 691. This has happened to us quite often since the first of the month. The probable excuse of the Railway Company would be that they transfer passengers from a smaller to a larger car to accommodate more passengers in running a special car from West Farms for that purpose, which excuse however is incorrect; as they could fill special cars on that corner without the use of the car behind. Yours very truly, LL/McL. (Sgd.) L. LEBEL. 445 Travis H. Whitney, Esq., February, 24th, 1910. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: We desire to acknowledge receipt of your favor of February 23d enclosing a copy of a com- plaint made by Mr. L. Lebel, with respect to his being obliged to transfer from one of our cars to another at West Farms about 5 145 P. M., on the i8th instant. In reply we wish to state that car #691 was a tripper placed in service during the rush hours upon our Williamsbridge line. It made one trip from 177th Street and Third Avenue to Mount Vernon, and it was found that the motors of the car were low and dragged on the asphalt pavement at 233d Street and White Plains Avenue and at 242d Street and the same Avenue, and at the last mentioned point it was necessary to wait until another car arrived to help No. 691 off the high place in the pavement — making a delay of about six minutes. The car made its return trip to Third and Tremont Avenue, and its condition was reported by the Motorman to the Starter, who immediately telephoned the Car House asking that another car be sent to West Farms to take the place of #691 when it reached there. , Passengers boarded car 4^691 at Tremont and Third Avenue and rode to West Farms, where they were asked to transfer to the other car sent to take the place of the crippled one. Under the circumstances there was nothing else for us to do, and the action taken by pur Mortorman and Starter was in accordance with our rules as to "disabled cars." We note that Mr. Lebel says that "the probable excuse of the Railway Company would be that they transfer passengers from a smaller to a larger car to accommodate more passengers in running a special car from West Farms for that purpose." We desire to say that there is no difference in the size pf car #562 and :it69i (they being both 28' body cars), with the exception that car #562 has been recently converted into a Pay- as-you-enter car, and the only difference between that and car #691 is that the platforms have been extended two feet on each end. We further note that Mr. Lebel says "he has had to change cars quite often since the first of the month," and while we regret the inconvenience he or any other passengers have been put to, we are quite sure it was due to a cause similar to that above related. A copy of this letter has been forwarded to Mr. Lebel as requested by you. Yours very truly, EAM/MFT. General Manager Under Receiver. Mr. L. Lebel, February 24th, 1910. No. 59 Pearl Street, New York City. Dear Sir : Enclosed herewith please find copy of a letter addressed to the Secretary of the Public Service Commission, in response to your complant filed with the Commission. Yours very truly, EAM/MFT. General Manager Under Receiver. 446 Edward A. Maher, Esq , New York, February 25th, 1910. Gen'l Mgr. Union Ry. Company, 130th Street and 3rd Ave., New York City, N. Y. Dear Sir: I am in receipt of your letter of the 23rd instant in reference to the heating of cars, and note that in your letter to the insurance people and their reply no mention is made of the proposition of heating the cars after they have been run out of the bams. The statement in my letter of February nth was that the Metropolitan Street Railway Company find it practicable to run their cars out of the bams and turn on the heat from 20 to 30 minutes before starting them into service. Will you please answer as to whether you cannot adopt that method? Very truly yours, GFD-P TRAVIS H. WHITNEY, C-4355. Secretary. Travis H. Whitney, Esq., • February 26th, *io. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Replying to your favor of February 25th, asking if it is not possible for us to adopt the method of the Metropolitan Street Railway Company, of running cars out of the barns and turn- ing on the heat for twenty or thirty minutes before placing them in service, we desire to re- spectfully submit that we do not believe it possible or practical to do so and for the following reasons : You are doubtless aware that the Metropolitan Company has one or more car houses upon each of its important lines, and cars operated from them are limited in a great degree as to operation upon the streets or avenues upon which the houses are located. With us we have but three operating car houses — one at West Farms, one on the Bronx River Road, and one at Port Morris — and from these car houses cars are placed in service upon nineteen different lines as follows: from West Farms Car House, 12; from Bronx River, 5, and from Port Morris, 2; and from these houses there is distributed 100 — 57 and 18 cars re- spectively — making a total of 175 cars. Our first day cars leave the several bams at 4 :4c, A. M. daily, followed up at brief inter- vals until all of the 175 are placed upoh the various lines, some of which are a considerable dis- tance from the car houses, and at 6:20 A. M. the entire number is in service. Strict orders have been posted and in force requiring the heat to be turned on in cold weather immediately upon the cars leaving the barns. To attempt to hold any number of these 175 cars upon the streets adjacent to car houses, and to hold them for any length of time before placing them in service would mean congestion and delays, as well as violating the City ordinances with respect to the blocking of the streets. We are perfectly willing to carry out your suggestion or adopt any plan that will accom- plish the result desired by the Commission, with respect to the heating of cars before starting them into service during the early morning hours : but in view of the restrictions placed upon us 447 by the insurance authorities, and for the other reasons mentioned herein, we are not aware of any method that will practically accomplish the result, or that we can adopt, better than the one now in operation. Yours very truly, EAM/MFT. General Manager Under Receiver. Mr. F. W. Whitridge, Receiver, New York, February 28th, 1910 Union Railway Co., 2396' Third Ave., N. Y. City. Dear Sir: An observation was made with respect to the service on the Williamsbridge line past Bronx Street and Tremont Avenue on February i6th, 17th and i8th, '10. Attached hereto, from the Department of Transportation, are three blue print tabulations covering the results of the observations. The service was inadequate westbound from 6 to 8:30 A. M. and eastbound between 5:30 and 9:00 P. M., during which times average standing loads were carried during every half-hour period. If more through cars cannot be operated on this line, it would seem that additional accommodation should be furnished by inaugurating a short line service from Third Avenue to Gun Hill Road and White Plains Avenue which would exchange transfers to and from the through cars at the latter point. Will you please make such changes as will relieve the situation? Very truly yours, DLT/AJC TRAVIS H. WHITNEY, Ends. Secretary. Inv. #1912, PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Union Railway, Williamsbridge Line. Date, Feb. 16, 17, 18, 1910. Location of Observer, Tremont Ave. and Bronx St. Bound, West. Computer, Rosenthal. Checked by Steul. Investigation No. 1,912. Capaotty, 86. "S 5 be U) g •s , 55 •5-2 1 2i 1; 1. '=1 E ^ a S. Time. , Destination.. zt 3 ° ^ to ao s 1 si !1 ^ H n i < zp- i:u A. II. Feb. 18, 10. . 6.15 to 6.30 177th St. and Srd Ave. 2 72 77 88 1 5 6.80 " 7.00 " " 6 216 261 43 8 45 7.00 " 7.30 n u 6 216 304 51 100 7.80 " 8.00 tt tl 6 216 220 86 40 8.00 " 8.80 k( tl 5 180 275 65 95 8.30 " 9.00 11 It 6 216 176 29 15 9.00 " 9.80 tt >t 4 144 104 26 20 9.30 " 10.00 tt tt 4 144 142 87 10 Feb. 17, '10. . 10 00 "10.30 tt tt 8 108 123 41 15 10.30 " 11.00 It tt 4 144 147 87 15 11.00 "11.80 .t It 3 108 106 85 10 11.30 " 12.00 p. M. 11 tt 8 108 84 28 12.00 to 12.30 12.80 '• 1.00 1.00 " 1.80 1.80 " 2.00 tl tt tl tl 4 4 8 4 144 144 108 144 120 108 84 140 80 27 28 35 '26' 2.00 " 2.80 2.30 " 3.00 8.00 " 8.80 3.30 •' 4.00 4.00 " 4.30 tt tt tt tt 4 8 3 4 8 144 108 108 144 108 120 108 96 144 73 80 86 32 86 24 Feb. 18, '10.. 4.80 " 5.00 It tt 5 180 188 38 ■'s' ■26' 5.00 " 5.80 It It 6 216 178 29 2 10 5.80 " 6.00 tt It 6 216 286 47 4 70 Sheet No. i. 448 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Instcction. Line, Union Railway, Williamsbridge Line. Date, Feb. i6, 17, 18, 1910. Location of Observer, Tremont Ave. and Bronx St. Bound, . Computer, Rosenthal. Checked by Steul. Investigation No. 1,912. Capacitt, 36. Sheet No. 2. Time. Destination. E |i "So. 2; u « H 1 EM* si, II n to «.9 < CD -w a s bo Feb. 18, '10... 6.15 to "6.80 6.30 " 7.W 7.00 " 7.30 7.30 " 8.00 8.00 " 8.80 8.30 " 9.01) 9.00 " 9.80 9.30 " 10.00 10.00 " 10.30 10.80 " 11.00 11.00 " 11.80 11.80 " 12.00 12.00 " 12.30 12.80 " 1.00 1.00 " 1.80 1.80 " 2.00 2.00 " 2..30 2.30 " 8.00 3.00 " 3.30 3.30 " 4.00 4.00 " 4.80 4.80 " 6.06 6.00 " 5.30 5.80 " 6.00 6.00 " 6.30 6.80 " 7.00 M t . Vernon 8 6 6 2 6 3 8 6 6 6 6 7 6 6 108 216 216 72 216 108 144 144 108 144 108 144 108 144 108 108 144 144 106 216 216 216 216 252 216 216 48 125 174 68 147 84 88 96 96 137 96 125 60 108 96 108 120 120 146 164 178 198 346 432 396 294 16 21 29 29 24 28 22 24 82 84 32 81 20 27 82 86 30 80 49 27 29 83 58 62 66 49 30 10 16 Feb. 17, '10... 6 5 " ;; 4 7 6 5 60 20 Feb. 18 '10. 10 80 130 180 180 90 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. BtmEAU OF Transit Inspection. Line, Union Railway, Williamsbridge Line. Date, Feb. 16, 17, 18, 1910. Location of Observer, Tremont Ave. and Bronx St. Bound, . Computer, Rosenthal. Checked by Steul. Investigation No. 1,912. CAPAcmr, 86. Wkbt Boond. ^ f?6i *i c £ r" 05 t«fl % M) Time. Destination. ^■5 5S 11 So ■au ,v a 2§ So z 1 12 S i «. i> It 8 6 4 4 8 288 216 144 144 108 134 85 72 82 60 17 14 18 20 20 Feb. 18. East BotJND. 7.00 to 7.80 7.80 " 8.40 800 '» 8.30 8.30 " 9.00 9.00 " 9.30 9.30 " 10.00 Mt. Vernon. 5 180 266 53 4 4 144 174 43 8 8 ItW 143 48 8 4 144 179 45 4 3 108 101 34 1 8 108 153 51 3 110 80 86 83 5 46 Sheet No. 3. 449 Travis H. Whitney, Esq., March 3rd, '10. Secretary, PubHc Service Commission, Tribune Building, 154 Nassau Street, New York City. ^ ' Dear Sir: We desire to acknowledge receipt of your favor of the 28th ultimo, regarding an inspec- tion made of the service upon our Williamsbridge Line. We note that the tallies were taken at Bronx Street and Tremont Avenue — a point just within one block of the Tremont Avenue Subway Station, and where the greatest number of our patrons board and alight from the cars of the Williamsbridge Line. Many of these passengers are among our short haul riders who live in a territory about five minutes' ride from the Subway Station, and if the inspectors would station themselves just north of Morris Park Avenue where it intersects with the White Plains Road, we are of the opinion that they would find that many of the passengers alighting from and boarding cars of this line are those living in the territory mentioned, and that cars before and after reaching this point, in either direction, are not overcrowded. We would respectfully submit that a short line service from Third Avenue to Gun Hill Road and White Plains Avenue with an exchange of transfers at that point, would prove to be unsatisfactory to our patrons and would only increase the complaints made to your Commission. The territory between Morris Park Avenue and Gun Hill Road along White Plains Road is very sparsely settled ; upon one side is Bronx Park, on the other is vacant property belonging to the Mace Estate and others, and comparatively all of our passengers who remain upon cars after leaving Morris Park Avenue live in the territory of the old villages of Williamsbridge and Wakefield, and to operate cars to the Gun Hill Road only would not accommodate these people, and in our judgment would not improve the service. There is not the slightest doubt if we should attempt to request people to leave our cars at the Gun Hill Road it would be a greater source of annoyance and inconvenience than is now caused by passengers being obliged to stand for the short distance that many of them ride on this line. We would suggest as a betterment of the service that we be permitted during rush hours to change the schedule on the line in question by lengthening out the headway from Third Avenue and 177th Street to Mount Vernon to eight minutes, and to operate a line during these hours from the Tremont Avenue Subway Station to the City Line at 242nd Street on the same headway, which would be equal to a four-minute service between the Subway Station and the City Line. This would give a service of fifteen cars per hour between these points, where we now operate twelve, and we think would eliminate the cause of complaint made by your inspectors. You of course will recall our statement in a previous communication, regarding the difficul- ties we have to contend with in the operation of cars beyond the City Line, where we run from a double to a single track, to the City of Mount Vernon for a distance of about 1,500 feet, over which several of the lines of the Union Railway and the Westchester Electric Railroad Company are jointly operated. Yours very truly, EAM/MFT General Manager Under Receiver. 450 (Copy) BLOCK, Hats and Furs, 1050 Third Ave., cor 62d Street. Public Service Commission, New York, February 26th, 1910. Gentlemen : In reply to your communication dated Feb. 15th, in which you wish me to inform you of any specific instance where the passengers are told to take the "Car ahead" or the "Car behind" on the 3rd Ave. R. R., will say to you "viz." This morning I got onto uptown car No. 1005, which was marked to 162nd St. When we got to the depot at 65th at exactly 5 minutes after nine A. M., the motorman called out "Car ahead." The pas- sengers were all obliged to take car ahead, which car was No. 906, and the Conductor's No. was 377. I said to Conductor No. yjy that it was a shame to oblige passengers to get from one car to another under such circumstances. He answered, "Oh, that's all right." Now, gentlemen, this is not right. If it happened to either of you as often as it has to me and others, you would also find fault. Hoping you will use your best endeavor to break up this inconvenience to the public, I am Yours respectfully, (Sgd) MARCUS BLOCK, 1050 3rd Ave. Travis H. Whitney, Esq., New York, March 2nd, 1910. Secretary, PubUc Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Replying to your favor of February 28th, containing a copy of a complaint from Mr. Mar- cus Bloch, of 1050 Third Avenue, who was obliged to take the car ahead at our Depot at 65th Street, we desire to say that we have investigated this complaint and find that car No. 1005 did carry 162nd Street signs; but was sent into the 65th Street Car Barn on account of defective brake rods, as you know it would be extremely dangerous to endeavor to operate a car with defective brakes, and it was absolutely necessary for this car to be taken into the house for repairs. We regret very much the annoyance Mr. Bloch was caused by being obliged to take the car ahead, but under the circumstances there was nothing else for us to do — having in mind the safety of our passengers. We have forwarded a copy of our reply to Mr. Bloch as requested by you. Yours very truly, EAM/MFT. General Manager Under Receiver. Marcus Bloch, Esq., New York, March 2nd, 1910. 1050 Third Avenue, New York City. Dear Sir: Enclosed herewith please find a copy of a letter, the original of which was forwarded to the Public Service Commission to-day in connection with your complaint of February 26th. Yours very truly, EAM/MFT. General Manager Under Receiver. 451 New York City, 2/16/10. T, Ki- c • ^ • . 755 E. 168 Street. r'UDlic Service Commission, 154 Nassau St., N. Y. C. Dear Sirs: — This afternoon at 4:45 I boarded a south-bound Jerome Ave. trolley car at the Jerome Park Reser voir just south of Van Cortlandt Park. Conductor No. 606 of the Union Railway Co. took my fare, asked him the best way for me to go to get to Boston Road and i68th St. He told me to take a transfe and get on a i6ist St. east-bound car for 3rd Ave. The transfer he gave me read "Jerome Ave. line south-bound." Now, how was that transfer goo< to take me on a north-bound Boston Road Car? And he must have certainly known that transfer wa no good on a north-bound car. In the first place, when I asked the best way to get to my destination, why didn't he give me ; transfer across 177th St. or Tremont Ave. or some line North of i6ist St.? My claim is this, that the conductor pretended ignorance in giving me a void transfer so as the com pany could make another nickel out of me on a north-bound car. From a citizen's standpoint and ti protect others from this kind of treatment, I wish you would look into this matter, I beg to remair dear sirs, Respectfully, (Sgd.) ROBT. H. P. INGRAM. P. S. — I had absolutely no words or argument with the conductor, and I can see no reason for thi treatment. R. H. F. I. Travis H. Whitney, Esq., March 2nd, '10. Secretary, Public Service Commission, i Tribune Building, 154 Nassau Street, 'New York City. Dear Sir: We desire to acknowledge receipt of your favor of March ist, containing a copy of i complaint made by Robert H. F. Ingram of 775 East i68th Street, regarding a transfer issuec to him by Conductor Badge #606 of the Jerome Avenue Line. There is no question that the fault is entirely with the Conductor in this case, who shoulc have issued a transfer and advised Mr. Ingram that the proper route for him to take was acrosi our Burnside and 177th Street Crosstown Line. This Conductor was suspended and reported to this office this morning and we had an inter view with him. We do not believe it was with any intent upon his part to have the passengei pay a second fare ; but we are at a loss to know just why he gave the directions that he did excepting that he stated that he thought it was the best way for Mr. Ingram to go to get to th( point that he desired to reach. We gave this man a good lecture, and also insisted upon him calling on Mr. Ingram returning to him the fare that he was compelled to pay through the negligence of the Con- ductor and to apologize to him for his aforesaid negligence, and bring us back a letter fron Mr. Ingram accepting his apology. In the meantime he remains suspended. We have forwarded to Mr. Ingram a copy of this communication. Yours very truly, EAM/MFT. General Manager Under Receiver. 45a Robert H. F. Ingram, Esq., March 2nd, *io. 755 East i68th Street, New York City. Dear Sir: Enclosed is a copy of a letter the original of which was mailed to-day to the Public Service Commission regarding your complaint of February i6th. Yours very truly, EAM/MFT. General Manager Under Receiver. Travis H. Whitney, Esq., March 7th, '10. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: Further replying to your favor of March 1st, regarding the complaint made by Robert H. F. Ingram of 775 East i68th Street, relative to Conductor Badge #606, we enclose herewith a copy of a letter dated March 3rd, and received by us to-day from Mr. Ingram which is self- explanatory. Yours very truly, EAM/MFT. General Manager Under Receiver. New York, March 3rd, 1910. Edward A. Maher, Esq., 755 East i68th Street. General Manager, Union Railway Company, 130th Street and Third Avenue, New York City. Dear Sir: This is to advise you that Conductor ft6o6, Robert Adams of the Jerome Avenue Line, has apologized and returned his good will that it was just a mistake of his. I thoroughly accept his apology and wish him success. Thanking you for the attention in this matter, I remain, Respectfully, (Signed) ROBERT H. F. INGRAM. Robert H. F. Ingram, Esq., March 7th, '10. 755 East 1 68th Street, New York City. Dear Sir: Acknowledging your favor of March 3rd, we note that you say Conductor Badge #606 called upon you and apologized for his mistake and that you have accepted the same, wishing him every success. We have requested our Superintendent to reinstate this Conductor. Yours very truly, EAM/MFT. General Manager Under Receiver. 453 Frederick W. Whitridge, Esq., March, 2, 1910. Receiver, Third Avenue Railroad Co., ^ 130th Street and Third Avenue, New York City. Dear Sir : Please reply to my letter of January 26th addressed to Mr. J. W. Yenson, Claim Agent, answer- ing the question on the report "The Action Taken to Prevent a Repetition of a Similar Accident" in each case. Yours very truly, TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, March 7th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 2nd instant asking me to reply to certain questions addressed to Mr. Yenson on January 26th. I shall be happy to discuss this matter with anybody representing your Commission who wants any information, but I have no answer to make to the inquiries addressed to Mr. Yenson; Yours truly, Receiver. Mr. F. W. Whitridge, New York, March 9th, 1910. Receiver, Third Avenue R. R. Co., 2396 Third Avenue, N. Y. City. Dear Sir : Your letter of March 7th in reference to letter addressed to Mr. Yenson, received. The form of accident report to be filed by the different companies, under Final Order of the Commission No. 1 142, contains the question, "The Action taken to prevent a Repetition of a Similar Accident." This question is in most cases answered quite indefinitely by your Claim Agent. It is understood that in some cases the Company may not have determined upon its final action at the time that this written report is due, but a few days ago, our Transportation Engineer, Mr. E. G. Connette, at a conference with Mr. Quackenbush, Attorney, whom I believe represents your Company in certain cases, agreed that when the report was made, if the Company had not definitely determined upon what action would be taken to prevent a similar occurrence, that a supplementary report be made later, covering this information. These reports are not accessible to ambulance chasers, and I trust therefore that we shall have your co-operation in making our records complete, as required by Order Si 142 of the Commission. Very truly yours, TRAVIS H. WHITNEY, EGC/LEK Secretary. Travis H. Whitney, Esq., New York, March nth, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the 9th in reference to action under Public Service Commission Order #1142. Before finally answering this, I think I ought to see Mr. Quackenbush, — who is out of town at the moment, — in view of the conversations between him and Mr. Connette. As soon as I have seen him I will send you a final answer to your letter. Yours truly. Receiver. 454 ]\Ir. Travis H. Whitney, New York, March 23, 1910. Secretary, PubHc Service Commission, New York City. *****'^^RNIte^1/^v-.. . Dear Sir: Referring to your letter of March 9th, I have talked with Mr. Quackenbiish, and wherever an accident is caused by anything which is remediable, I will of course report the particular remedy which is applied, and at once. Whenever the accident is caused by carelessness or faults of employees, it should appear in the report that those employees are punished in accord- ance with the judgment of the Manager of the Company, and whenever the Commission desires to know how that judgment is exercised in any particular case, I will endeavor to see that the information is furnished. In the particular matter to which you refer, for instance, of the three accidents, two occur- ring on January 20th and one on January 21st, I have to say as follows: January 20th at 12 Noon: First Avenue and 40th Street, Motorman Jas. McDonough, Badge 11 56, suspended ten days January 20th at 11 :30 P. M. : Third Ave. between 56th and 57th Streets. Motorman Rich- ard Holmes — Badge 814. Kept oflF for ten days pending investigation of the accident and then allowed to return to work. January 21st, 2:45 P- ^^■- Third Ave. and 77th Street. Motorman John Callahan, Badge 810. Was found to be not at fault and was returned to duty forthwith. Yours truly. Receiver. Frederick W. Whitridge, Esq., Receiver, New York, March 3, 1910. Third Avenue Railroad Company, 130th Street and Third Avenue, New York, N. Y. Dear Sir: — Transmitted herewith, and hereby served upon you is a certified copy of an Order in Case No. 1198, adopted by this Commission at a meeting on December 24, 1909, requiring the filing of franchise and cor- porate documents. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Sec- tion 23 of the Public Service Commissions Law. Very truly yours, JHG/WFR TRAVIS H. WHITNEY, EncO Secretary. Mr. Travis H. Whitney, New York, March 4, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have two letters from you of the 3rd transmitting to me certified copies of Order 1198. I have already written you that I understand that all of this information has been furnished to you by my predecessors, and I understand from Mr. Robinson, who saw you about the mat- 455 ter, that you do not, under that order, expect anything from me in addition to what you have already got. I shall be glad if you will confirm this understanding, and, if there is anything you want from me, if you will tell me what it is. Yours truly. Receiver. New York, March lO, 19 lo. Frederick W. Whitridge, Esq., Receiver of The Third Avenue Railroad Co., 130th Street & Third Avenue, New York, N. Y. Dear Sir: I beg to acknowledge receipt of your letter of March 4th with reference to compliance by the Third Avenue Railroad Company with Order No. 1198. I would call your attention to my letter of February 15th in which I transmitted a complete list of documents filed by the Third Avenue Railroad Company and its subsidiary companies with this Commission. On the same day I sent a duplicate list to Mr. H. A. Robinson, your attorney. A representative of the Bureau of Franchises called upon Mr. Robinson with reference to the matter and it was the understanding at that time that the documents in the office of the company should be carefully checked up with list so furnished and that omissions should be supplied so far as practicable. It is, of course, impossible for us to tell whether the documents furnished constuate a full compliance with the r'equirements of order No. 1198. In any event the Commission desires a definite official statement showing in detail the extent to which it is possible to comply with the terms of the order from documents available in the records of the company. Yours very truly, RCH/KLC TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, March nth, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. My dear Sir : I have yours of the loth in respect to information asked for under Order 1198. You state what has occurred correctly, and my office is engaged in checking up the list which you have furnished, with the requirements of the order, and I will, as soon as that is finished, send you a definite, official statement, showing the extent to which the order has already been complied with. My previous letter was written in ignorance of the facts, which you now state in your letter of the loth, and which I find to be accurate. Yours truly, Receiver. Mr. F. W. Whitridge, New York, March 9th, 1910. Receiver, Union Railway Co., 130th St. & Third Avenue, New York City. Dear Sir: On March 4th, 1910, an observation was made with respect to the service on the Williamsbridge and Tremont Avenue lines, after midnight, at Tremont Avenue and Bronx Street. 456 The service on the Williamsbridge line between 12 and i A. M. did not seem to be adequate. Two additional cars would have relieved the situation. Will you please have your Transportation Dept. take care of this situation? Very truly yours, EGC/LEK TRAVIS H. WHITNEY, Secretary. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Union Ry. Co., Williamsbridge Line. Date, March 4, 1910. Location of Observer, Tremont Ave. and Bronx St. Bound East. Computer, Rosenthal. Checked by Kinsley. Investigation No. 2,009. Capaoitt of Gab; 86. Sheet No. i. Time. A. M. 12.00 to 12.S0 12.30 " 1.00 1.00 1.80 2.00 2.80 8.00 " 3.80 8.30 " 4.00 4.00 4.80 6.00 5.80 1.80 2.00 2.30 8.00 4.30 5.00 6.80 6.00 D^ioatiOD. Mount Vernon. ll 72 108 86 86 86 216 216 82 111 24 24 24 24 5 6 8 18 67 50 1^ 41 87 E2 fell PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Union Ry. Co., Williamsbridge Line. Date, March 4, 1910. Location of Observer, Tremont Ave. and Bronx St. Bound, West. Computer, Rosenthal. Checked by Kinsley. Investigation No. 2,009. , Capacitt of Car, Sheet No. 2. Time. A. M. 12.00 to 12.80 12.80 ' ' 1.00 1.00 ' ' 1.80 1.80 ' • 2.00 2.00 ' ' 2.30 2.80 ' ' 8.00 8.00 ' ' 8.80 8.80 ' ' 4.00 4.00 ' ' 4.80 4.80 ' ' 5.00 6.00 ' ' 6.80 6.80 ' ' 6.00 Destination. 177th St. and 8> t< tl li It <• >l t« t4 it tl 8 4 6 6 7 6 4 5 4 4 4 4 4 8 4 4 4 4 3 4 6 8 6 6 7 6 108 144 216 216 252 216 144 180 144 144 144 144 144 108 144 144 144 144 108 144 180 288 216 180 252 216 48 84 202 281 410 166 53 54 53 41 48 52 27 24 64 55 43 19 16 55 44 51 64 36 101 27 16 21 35 47 59 28 13 11 18 10 12 13 7 8 16 14 11 5 5 14 9 6 11 7 14 99 "2 3 5 1 'io' 65 170 10 Feb. 21, '10.. (Fair) Feb. 28, '10.. (Fair) t 459 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau op Transit Inspection. Line, Union Railway, Jerome Ave. Date, Feb. 21, 23, 28, 1910. Location of Observer, i6ist St. and Jerome Ave. Bound, North. Computer, Rosenthal. Checked by Standfast. Investigation No. 1,948. Seatino Capacity, 86. Sheet No. 2. Time. Destination. CD OS || ao 2 1" •3 1 gbc 3 ° si . §^ Obf < il do8 S5fc 4 158 203 18 " 8 60 11.45 " 12.00 ti tt 6 248 202 83% 2 15 80 1,287 1,854 2std. 14 240 New York, April 15th, 1910. Mr. Travis H. Whitney, Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: I have yours of the 12th instant with another of your absurd blue prints, which I have referred to my Engineering Department with instructions to communicate with Mr. Connette. Yours truly, Receiver. 475 Mr. Frederick W. Whitridge, Receiver, New York, April 13, 1910. Third Avenue Railroad Company, 65th Street. and Third Avenue, New York City. Dear Sir: By Resolution of the Board of Aldermen, the Public Service Commission has been requested to take such steps as might be necessary to eliminate the inconvenience which passengers are subjected to on pay-as-you-enter cars at the various terminals, from which such cars are operated. As you well know, due to the fact that the majority of passengers do not have the proper change, passengers are compelled to wait in line while the conductors make change and collect the necessary fares before they can enter the cars. These conditions could be eliminated if cashiers, whose duty it would be to make change, were in- stalled in a small booth at such points. All passengers could then be required to obtain the necessary change before boarding the car. Please take this matter under consideration and reply by the 25th inst. Very truly yours, DLT/AR TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., New York, April 14, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have yours of the .13th referring to the Resolution of the Board of Aldermen request- ing you to take steps to eliminate the inconvenience to which passengers are subjected on Pay-as-you-Enter cars, adding that, as I well know, "the majority of passengers do not have proper change." As a matter of fact I do not know anything of the kind. My personal observations have given me the impression that at least three-quarters of the passengers who get on the P. A. Y. E. cars have their nickels ready. If, however, I am mistaken about this, I am not at all sure that the conditions could be eliminated by installing cashiers in small booths at terminal points and endeavoring to compel passengers to obtain the necessary change at those booths. I do not know how they could be "required" to do it, they could be requested to do it, but I doubt whether it is possible for railroads to eliminate inconveniences caused by the stupidity of the people them- selves, any more than it is possible to keep cars invariably clean and sweet smelling which are used by people with filthy habits, which seemed to be the notion underlying the last resolution the Board of Aldermen levelled at me. I am disposed, as you know, to do anything I can to gratify the Honorable Board of Aldermen and the Public Service Commission, and if you can get me a permit to put a small booth in front of the Post Office at which a cashier can be stationed to make change for the patrons of the Road, and will tell me how either you or I or the Aldermen can compel people to go there to get change, I am prepared to go to the expense of paying for the cashier and build- ing the booth. My notion is that the experiment would disappoint the Aldermen and your- selves and therefore I should only be willing, in the first instance, to install one booth at the most crowded terminal as a matter of experiment. Yours truly, Receiver. 476 Re-SUB-SURFACE STRUCTURES. April 13th, 1910. The Public Service Commission, 154 Nassau Street, New York City. Gentlemen : I have at hand letter of the 8th instant from your Chief Engineer, Henry B. Seaman, to my Engineer of Maintenance of Way, E. M. T. Ryder, replying to his request for blue prints of sub-surface structures on streets where there are tracks of the Third Avenue Railroad Com- pany and allied lines. I understand Mr. Seamen's letter to suggest that I make formal request to the Commission for the information desired. I do, therefore, request you to furnish to my Engineering Department such blue prints and information as you may possess, in regard to the sub-surface structures, including pipe lines, duct lines, subways, etc., showing their relation to the tracks of the Third Avenue Railroad Company, The Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Company and The Dry Dock, East Broadway & Battery Railroad Company, in streets where these Com- panies have tracks. Yours very truly, ^ Receiver. The Public Service Commission, New York, April 20th, 1910. Tribune Building, New York City. Dear Sirs: I desire to call your kind attention to the irregularity of the service maintained by the 42nd Street Cross- town Line during the evening hours. This line is utilized after dark principally by persons residing on the Jersey side of the river, and while the ferry between West 42nd Street and Weehawken is operated on a regular schedule, the boats leaving New York at intervals of fifteen minutes during the entire night, the cars on the 42nd Street Crosstown Line are not run in accordance with any pre-arranged time- table, occasionally coming along . at intervals of about one-half hour, and they rarely, if ever, connect with the boats of the ferry company. I understand that you control the operation of various transportation lines in New York City, and trust you will do the necessary in this instance, so that there will be no further cause for complaint. Thanking you in advance for your courtesy, I remain, Very truly yours, • (Sgd) S. HERMAN P. SCHALL, Post Office Box #1712, New York City. Travis H. Whitney, Esq., New York, April 23rd, 19 10. Secretary, Public Service Commission, - 154 Nassau Street, City. Dear Sir: I have yours of the 22nd containing complaint of Herman P. Schall in respect to the service on the 42nd Street Crosstown Line. In reply thereto I beg to say that the 42nd Street 477 Crosstown cars are run on a two and one-half to three minutes headway from the morning until 12 :30 at night, after 12 130 at night they run on a twenty minute headway. That is the general rule. For the past two or three weeks extensive repairs to the track on 42nd Street have been going on, which disturb the headway and necessitate our using only one track between the hours of I and 5 A. M. When those repairs are completed the original headway will be re- sumed. I may say further, for Mr. Schall's information, that the last complaint I had about the 42nd Street Line, was to the effect that there were so many cars on it that traffic on the street was impeded and urging me to take some of the cars off. Yours truly, Copy to Mr. Schall. Receiver. New York, April 23rd, 19 10. Herman P. Schall, Esq., Post Office Box 1 71 2, New York City. Dear Sir: I send you herewith "copy of my reply to the Public Service Commission in respect to your complaint of the 22nd, and hope that you will find it satisfactory. Anything that I can do to improve this service I shall be happy to do. Yours truly, Enclosure : Receiver. New York, May 4th, 1910. Frederick W. Whitridge, Esq., Receiver, Third Ave. R. R. Co., 130th St. & Third Avenue, New York City. Dear Sir: Service observations of your Grand St. Crosstown line were taken at the Bowery and Grand St. of westbound cars on April 8th, and on eastbound cars on April 20th. These charts are not in accord with the service required by Final Order in Case #421, which has been eflfective since May ist, 1908. Will you kindly inform the Commission as to the cause of this deficiency in service, and what arrange- ments will be made to provide service to comply with the order? Very truly yours, TRAVIS H. WHITNEY, EGC/LEK Secretary. Enc. 478 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line, Grand St. Date, Apr. 20, 1910. Location of Observer, Bowery-Grand St. Bound, East. Computer, F. A. L.-E. F. P. Checked by C. A. H. Investigation No. 2,293. (Grand St. Ferry and Brooklyn Cars Combined.) Sheet No. 2 "S 530 1 •0 0"S i. 1^ II OX Time. De^tinatioo. EO 3 s IS 2§ 3 S ^ A i ^ Ssa, a< p. M. 4.30 to 4.45 Brooklyn. Grand St. Ferrv. 7 5 6 252 180 216 181 129 239 720/0 72% 4std'g 4.45 " 5.00 6.00 " 5.15 2 so 6.15 " 5.30 7 252 304 7 *' 4 80 6.30 " 5.45 9 824 405 9 " 8 180 6.45 *' 6.00 9 824 554 28 " 7 230 6.00 " 6 15 9 324 .'504 20 " 7 180 6.15 " 6.30 8 288 537 31 " 6 270 6.80 " 6.45 13 463 595 10 " 7 190 6.46 " 7.00 12 432 863 84% 8 90 7.00 " 7.15 9 9 324 824 165 297 '^ 7.15 " 7.80 8 60 4.W to 7.80 Grand Total lOS 8.708 4,278 5 std'g. 41 1.260 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. BtJREAU OF Transit Inspection. Line, Grand St. Date, Apr. 8, 1910. Location of Observer, Bowery and Grand St Bound, West. Computer, W. H. McC. Checked by H. C. L. Investigation No. 2293. (Brooklyn and Grand St Ferry Cars Combined.) Time. Destination. is. So s 2 h I IS) H ii 2I 11 SI oi If ii -1 Is A. U. 6.80 to 6.45 8 11 6 7 9 8 6 6 7 7 6 6 288 896 2ie 252 824 288 216 216 252 252 180 216 170 801 260 315 544 476 366 819 237 259 144 176 ■f'Sfdg 9 " 24 " 24 " 25 " 17 " 94% 1 " 1 1 8 5 9 6 5 4 8 8 40 6.45 " 7.00 20 7.00 " 7.15 80 7.15 "7 30 70 7.80 •' 7.45 220 7.46 " 8.1 K) 195 8.00 " 8.15 150 8.16 " 8.80 110 8 80 " 8.45 50 8.45 " 9.00 50 9.00 " 9.15 9.15 " 9.80 1 10 6.30 to 9.30 Grand Total 86 8,096 3,667 5 St'dg 41 996 Sheet No. 479 Mr. Travis H. Whitney, Esq., New York, May 5th, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir : I have yours of the 4th instant in which you say that two charts which you forward to me "are not in accord with the service required by final order in case 421" and so on. I suppose you are already sufficiently advised by me that I cannot agree to any conclusions which you may choose to draw from charts such as you have been sending me. Those charts are nearly all of them obviously foolish on their face, and the two which I have received this morning are, to me, quite the silliest you have sent out yet. They may possibly be true, but it is plain that, whether they are or not, the truth could not possibly have been ascertained by your officials in the way in which they appear to have presumed to ascertain it. Any order which you have made in respect to the Third Avenue System or any part of it, is, so far as I know, being obeyed. If you conclude from any charts that that is not the case, the presumption is that the charts are erroneous. Yours truly, Receiver. Frederick W. Whitridge, Esq., May 6th, 1910. Receiver. Dear Sir: — Please find enclosed, a copy of the report I made to Mr. Maher, concerning the service on the Grand Street Line, in answer to a complaint from the Public Service Commission. On the evening of April 20th, when one of the Public Service Commission checks was made, Mr. McDonald and myself watched the service, and we both of us remarked on the lightness of the loading. The Post Office cars carried fairly heavy loads, but the Grand Street Ferry and Grand Street Brooklyn cars had almost no people standing, so much so that I was very much surprised the following morning, when I saw that we had a percentage of 36.58 cents per car mile. On the evening of May 5th, Mr. McDonald took a tally of the number of cars passing Grand Street at the Bowery for the three hours between 4:30 and 7:30. This tally shows that in no fifteen minutes did less than ten cars pass and that from 6:00 to 6:30 thirty cars passed. During the three hours 158 of our cars and 51 Second Avenue cars, making a total of 209 cars, passed this point. I think this shows that we cannot put on any more service than we have at the present time. Respectfully yours, JAMES A. ROOSEVELT, General Superintendent. Travis H. Whitney, Esq., New York, May 6th, 1910. Secretary, Public Service Commission, Tribune Building, 154 Nassau Street, New York City. Dear Sir: We desire to submit herewith a copy of a report made by our Superintendent with respect to the observations recently made as to the service upon our Grand Street Cross. Town Line. Yours very truly, EAM/MFT. General Manager Under Receiver. (Enclosure.) 480 New York, May 5th, 1910. "In regard to the enclosed complaints from the Public Service Commission, concerning Service on Grand Street, I beg to make the following report: During the morning rush hours, we have already increased our service by six cars. On April 8th we were only running 44 cars while at the present time we are running 50 cars. This increase in service will, I think, materially help matters during the morning rush hours. One reason for the small number of cars operated early in April, was that we were very short of motormen. As usual, at this time of the year, a great many men leave and go to summer roads. However, we have now been able to build up our extra list, and we should not experi- ence any more trouble from this source. Concerning the evening rush, it is not possible to do more than we are doing at the present time. As you are aware we are restricted in the number of cars, which we can operate across the Williamsburg Bridge, the number of cars allowed varying with the demands for power, and it is hardly wise for us to have over thirteen cars on the Bridge at any one time. This includes cars which are on the Plaza in Brooklyn. There is yet another thing which limits the number of cars, which can be operated with ad- vantage on Grand Street, namely, the traffic conditions. As you know, push carts are allowed to stand on the south side of the street, between Christie and Ridge Streets. This makes it impossible for trucks to pull off the east bound track, and this reduces the speed of the cars to practically that of the trucks. Between West Broadway and Broadway, conditions are not much better, it being necessary for a truck either to pull up on the sidewalk, or on to the opposite rail to allow a car to pass. During the month of April, the Grand Street cars only averaged 6.12 miles per hour. As this includes Sundays and nights, it is easily seen that during the rush hours, the' speed is much lower Therefore, taking into consideration the shortage of power on the Williamsburg Bridge, and the congested nature of Grand Street, I do not think that we could make any material increase in the rush hour service on Grand Street. The more so, as any increase in service will ^almost correspondingly decrease the speed." F. W. Whitridge, Esq., New York, May 5, 1910. Receiver, Union Railway Company, New York City. Dear Sir: Following a resolution from the Board of Aldermen, we made investigations as to conditions at the iSSth St. terminal of your lines. Our observations show that in this special case the delays to passengers boarding Pay-as-you-enter cars are not caused by the necessity of conductors making change, but by the passengers leaving the car at the forward end when the car is entering the terminal. This delays opening the entrance doors, making it impossible for passengers to enter until all those wishing to alight have left the car. It is believed that if the man who is stationed at this point would assist in this, by opening the doors corresponding to the front exit on the return trip, and by announcing that the passengers should leave by this door, considerable time in some cases could be saved, and the conductor could then start collections as soon as the station was entered. Please reply. Yours very truly, TRAVIS H. WHITNEY, Inv. J2416; C — 4606. Secretary, FEF/TG 481 New York, May 7th, 191 o. Mr. Travis H. Whitney, Secretary, Public Service Commission, 154 Nassau Street, City, My dear Sir: I have yours of the 5th instant in respect to a recent resolution of the Board of Aldermen about Pay-as-you-Enter cars. In your letter of April 13th you informed me that "the inconveni- ence to passengers was, as I well knew, due to the fact that the majority of passengers do not have the proper change," and you suggested a remedy which, in my opinion, would not be a remedy, and which is impracticable, although I offered to try it experimentally. In your present letter you inform me that you have been making certain investigations and observations, the result of which shows that the inconvenience to passengers in the case which you observed and investigated, was not due to the cause to which you attributed it, in your letter of the 13th. The remedy which you propose in your letter of May 5th for the inconveni- ence which your observations and investigations had detected in the case therein referred to, would involve either the employment of an additional conductor, which I cannot afford, or the practical abolition of the Pay-as-you-enter feature, to which I am unwilling to assent. I submit to you and to the Board of Aldermen that the real objection to the Pay-as-you- Enter cars is that people are obliged to pay their fares before they can enter the car. Yours truly. Receiver. Travis H. Whitney, Esq., May 12th, 1910. Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: — The suit of the Commission against me for the recovery of a penalty amounting to $860,000 for an alleged disobedience of an order, having been dismissed, I feel bound to say to the Com- mission, what I may say about them. I am indignant that such a suit should have been brought upon what is, at the worst, the merest technicality, and I cannot imagine how the Commission could fail to perceive that any jury and the public generally would be certain to find — the circumstances in the case being what they were — that the action was, as several of the jurors volunteered to say to my counsel, per- fectly ridiculous. I think it is a possible explanation that the Commission is continually being misled by its inspectors. It appeared on the trial, as I previously suspected, that your inspectors are given a roving commission to wander through your jurisdiction in search of violations of laws and regulations, and a system of petty espionage, is thus established which I do not think was con- templated by the Statute, and which I am sure the American people will not in the long run tolerate. Whether as an abstract proposition it is a good thing for the public I am not prepared to say, but I wish the members of your Commission could get out of their heads the idea that the United 482 States receivers of these roads, who are public officials and as responsible as the Commissioners themselves, have any desire on earth except to comply with all the laws and legal regulations, affecting them, and in every way to accept anybody's suggestions for the improvement of the service. If however the Commission persists in holding their present views, I feel justified in warning them against giving their inspectors too much credence. You already know that in the case of the repairs of the 42nd Street cars two years ago your inspectors reported to you an ab- solute falsehood, in the case of the service on the Southern Boulevard they later suppressed the obvious cause of the delays of which they* complained, and they have repeatedly been guilty during the past year of the most colossal absurdities in their blue prints. In the litigation just dismissed, they put your Chairman in the position of making oath that for 160 days I had disobeyed your orders whereas their evidence showed only two days, and I hope that it is the inspectors alone who are responsible for having put the Commission in the position of collecting what they suppose to be evidence, keeping it secret, and bringing an action against me for an enormous and ruinous sum of money, without any notice or warning, contrary to the recognized principles of law, justice, common sense and good manners. I may add that I have lately been having your inspectors inspected, and the results would convince anybody that their labors are generally of the most trivial character. I enclose two or three of the reports on their movements, and I regret that their evident dislike and even terror of your observers to being observed, put the expense of continuing my observations beyond my means. I cannot but believe that the Commission has been misled in all of these matters, and I know that their whole attitude towards the receivers of these properties is mistaken. I really believe that the members of the Commission can be persuaded to change their mental attitude, as well as the course of their procedure in some particulars. I should be very happy, and I think it would be in the public interest, if the Commission should feel disposed to meet me for a candid talk upon the whole subject. If they are so dis-* posed I will endeavor to find someday within a week or ten days when they together with their counsel, their transportation engineer, and you yourself, can come and lunch or dine with me. Yours very truly, ' Receiver. New York, 1910. I arrived in the vicinity of Street at 6:30 A. M., where I joined Opt. who was to designate Public Service Inspector, to me. At 12:20 P. M. Inspector came, out, when Opt. designated him to me. He proceeded to bootblack parlor at Willett St. near Stanton, had his shoes polished, came out, entered Liebermann's Res- taurant, No. 258 E. Houston St., where he had lunch, then proceeded to "L" Station at ist Ave. and 1st St., boarded northbound train, alighted at iiith Street, proceeded through 112th St. and entered No. 1354 5th Ave., a five-story double flat, at 1 140 P. M. I maintained surveillance on entrance until 6:10 P. M., when I had to discontinue the watch for fifteen minutes, then returned, and continued watch until 10:00 P. M., up to which time I did not see Inspector leave, and then discontinued. N. New York, Tuesday, 1910. I arrived in the vicinity of at 5:15 A. M. At 7:55 A. M. Public Service Inspector, came out, walked to cigar store on 3rd Ave. near then went to St. "L" Station, boarded City Hall train to Brooklyn Bridge and entered the Tribune Building at 8:35 A. M. 483 He came out at 9:45 A. M., walked to Office Building at No. 299 Broadway, left there at 10:40 A. M., returned to the Tribune Building, came out by Spruce St. exit at 12:05 P- M., walked to Dennett's restau- rant, had lunch, and returned to the Tribune Building, entering at 12:30 P. M. He came out again at 4:40 P. M., by Spruce St. exit, walked to Brooklyn Bridge, boarded Third Ave. "L" to St., and entered his residence, at 5 130 P. M. As Inspector did not come out again, I discontinued at 8 P. M. B-i New York Wednesday, , 1910. I arrived in the vicinity of at 5 A. M. At 8:15 A. M. Public Service Inspector, came out, proceeded to "L" Station at St., boarded southbound train, alighted at Warren St., with latiy whom he met on the train, and both proceeded to the Tribune Building, entering at 9:05 A. M. At 12:10 P. M. Inspector came out with a man, went to Dennett's restaurant on Beekman Street, had lunch, came out and separated. Inspector went to the Terminal Building, No. 50 Church Street, took elevator to the seventh floor, en- tered Erie R. R. offices, remained there half an hour, came out and met woman at Park Row and Beekman St., with whom he conversed for about fifteen minutes, and returned to the Tribune Building, entering at i -.30 P. M. At 5 :0S P. M. he again left the Tribune Building, proceeded to Dewey's Wine House, No. 138 Fulton Street, came out with a package, apparently a bottle of liquor, then proceeded to 9th Ave. "L" Station at Cortlandt Street, boarded northbound train to Street, and entered his residence, at 5:55 P. M. I concluded that he was through for the day and then discontinued. B-i New York, Thursday, 1910. I arrived in the vicinity of at 7:00 A. M., and joined Opt. , who designated Inspector to me as he was leaving his residence, at 8:00 A. M. He walked to Columbus Ave., boarded "h" train at St., alighted at Park Place, and walked to the Tribune Building, entering at 8:50 A. M. He came out again at 9:20 A. M. with another man, walked to Fulton Street, entered Naething's Res- taurant, came out at 10:40 A. M., walked to Chambers Street, entered Hall of Records, reappeared at 10:50 A. M., boarded 3rd Ave. Surface car, alighted at Park Roav and Worth St., entered saloon, had a drink, spoke a few words to bartender, left an envelope, came out, boarded surface car, got off at the Brooklyn Bridge, walked to Tribune Building, and entered at 11:25 A. M. He came out at 11:35 A. M., with the same man, walked to Centre St., to Criminal Courts Building, remained there about twenty minutes, crossed the street to saloon corner Franklin and Centre Sts., had a drink, and walked to Tribune Building, entering at 12 :30 P. M. I continued watch on the Tribune Building until 6:30 P. M., but did not see him again, and then dis- continued. . N. New York, Friday, 1910. At 5 :oo A. M. I arrived in the vicinity of where I resumed watch for Public Service Inspector. At 9:50 A. M. he came out of his residence, leading a small dog, and walked to Morn- ingside Park, then returned to the house, came out at 10:10 A. M., walked to the St. Station of the 6th Ave. "L," boarded southbound train, alighted at Park Place, and proceeded to the Tribune Build- ing, entering at 10:45 A. M. He left there at 2:05 P. M., and walked to Stewart's Cafe, No. 8 Warren St., had a drink, walked to 14th St. & 8th Ave., entered the Knickerbocker Cafe, had another drink, came out, walked to Jane St. & 8th Ave., where he met two men, who appeared to be inspectors. At 3 :oo P. M., he relieved one of the men, and started to check up the cars and passengers passing this point. From 3 :oo to 6 :oo P. M. Inspector did not leave his post, but kept checking all cars passing this point. I discontinued at 6:00 P. M. N. New York, Saturday. I arrived at 5 :oo A. M. in the vicinity of where I resumed watch for Public Service Inspector, who left his residence at 8:30 A. M., walked to the St. Station of the 9th Ave. "L", boarded southbound train, alighted at Warren St., and walked to the Tribune Building, which he entered at 9:10 A. M. He left there at 1:05 P. M., and walked to the Wxjrth St. Subway Station, where he 484 boarded northbound local train, alighted at the iioth St. Station, and proceeded to his residence, entering at 1 :50 P. M. He remained in the house all afternoon, and at 4:35 P. M., he came out and walked north on 8th Ave., east on 125th St. to 3rd Ave. then south on 3rd Ave. to Ii6th St., west to 8th Ave., south to iioth St., to Manhattan Ave., to his residence, entering at 5:55 P. M. During this walk he did not pay any attention to the cars on the different streets he passed through, and did not make any notes of any kind. After he returned to his residence at 6 :oo P. M., I discontinued. New York, May 20, 1910. F. W. Whitridge, Esq., Receiver, Union Railway Company, Third Avenue & 130th Street, New York City. Dear Sir: — Receipt is acknowledged of the letter of May 12th from you as receiver for the Federal Court of the property of the Union Railway Company. In your letter you embody anonymous charges against a cer- tain class of employees of the Commission, who, under the provisions of the Public Service Commissions Law, are public officers. Accordingly, I am directed to ask that you furnish the names of the employees to whom you refer and also the names and addresses of those making the reports to you, or that you have such persons call at this office in order that they may identify the employees watched by them. The Commission is ready to deal summarily with any of its employees who fail in the performance of their duties, but it is impossible to take any action upon anonymous charges. At the same time it is unfair and not straightforward to have an entire class of public officers condemned without notice being taken of such charges, and I therefore ask that you furnish as speedily as possible information showing the derelic- tion of employees of the Commission which you, as an officer of the Court, have secured through detectives whom you say you employed. Very truly yours, TRAVIS H. WHITNEY, THW/EH • Secretary. New York, May 23rd, 1910. Travis H. Whitney, Secretary, Public Service Commission, 154 Nassau Street, City, My dear Sir: I have this morning received your letter of the 20th acknowledging my letter of May 12th. Will you be good enough to inform the members of the Public Service Commission that, after they have accepted my invitation to dinner or have otherwise purged themselves of their ninth unsuccessful suit against me, I shall be happy to continue our correspondence, but until then I have nothing further to say, unless I am again wantonly attacked. • I was, I confess, for the moment indignant at this ninth suit, but I really hope the members of the Commission will accept my invitation to dine. If they like, I will invite the leading editors to join us and the conversation shall be frank and free. In the meantime, while I sympathize with the desire of the Commission to deal summarily with somebody, I am unwilling to vex them with the names of their inspectors whose movements I inspected, and who are guilty of nothing but leading a life of comparative leisure and taking a drink before entering or after leaving the Presence in .the Tribune Building, until I have heard how the Commission has dealt with the inspectors who reported to them the thing that was not in respect to the 42nd Street cars, which I called to their attention two years ago, and with the 485 inspectors who complained of the service on the Southern Boulevard without mentioning that an open bridge prevented the cars from running over it, and that the loads of building materials on the track prevented the cars from using it, which I called to their attention more than a year ago. Yours truly, Receiver. N. Frederick W. Whitridge, Esq., May 17, 1910. Receiver, Third Avenue Railroad Company, 130th Street & Third Ave., Manhattan. Dear Sir : — Your letter of April 13th, requesting blueprints and information possessed by this Commission in re- gard to sub-surface structures, including pipe lines, duct lines, subways, etc., showing their relation to the tracks of the various companies operated by you, has been received. I am authorized to state that whatever data the Commission may have has been collected from the original records which are public records in offices of various city departments, and it has been gathered purely for information of employees of the Commission in the preparation of plans for subways. It has not been the practice to furnish this data, but to refer persons inquiring for it to the sources from which it is obtained and I understand that Chief Engineer Seaman has already written to one of your assistants concerning these sources. Very truly yours, THW/EH TRAVIS H. WHITNEY, Secretary. Travis H. Whitney, Esq., Secretary, • New York, May 18, 1910. Public Service Commission, 150 Nassau St., N. Y. City. My Dear Sir: — I have yours of the 17th, informing me that my request for blueprints possessed by the Com- mission in regard to sub-surface structures in relation to the tracks of the Company operated by me, cannot be furnished, and it is not the practice of the Commission to furnish data, which as in this case has been collected pureJy for information of the employees of the Commission. I hope on consideration you will change your practice in this particular. I should suppose that if the Commission has collected any information, which is of value and which may be of value to anybody, they would be only too happy to give that information to anybody affected by it, who may request it, if they are willing to pay the expense of extra copies. In case the Com- mission should reconsider this point, I should be happy to be informed thereof. Yours very truly, Receiver. Frederick W. Whitridge, Esq., New York, May 20, 1910. Receiver, Third Avenue Railroad Company, Third Ave. & 130th Street, New York. Dear Sir: — In reply to your letter of May i8th relative to blueprints of sub-surface structures in streets where your company own tracks, the Commission did not deem it advisable to change its point of view. Very truly yours, TRAVIS H. WHITNEY, EH Secretary. 486 New York, May 17, 1910. Frederick W. Whitridge, Esq., Receiver, Third Avenue Railroad Co., Third Avenue and 130th Street, New York City. Dear Sir: Referring to the report from your Claim Agent, Mr. Yenson, of an accident resulting in the death of Louis Marks on May 2nd on the Bowery between Canal and Hester Streets, will you please advise the Commission what discipline, if any, was administered to Motorman Herbert. Yours very truly, TRAVIS H. WHITNEY, LPB/CWT Secretary. New York, May i8th, 1910. Travis H. Whitney, Esq., Secretary, Public Service Commission, 150 Nassau St., N. Y. City. Dear Sir: — I have yours of the 17th, asking what discipline, if any, was administered to Mortorman Herbert, because of the death of Louis Marks on May 2nd in consequence of an accident. In reply I desire to say that our investigation showed that the mortorman was not responsible for the accident and therefore no discipline was administered to him. Yours very truly, Receiver. New York, May 17, 1910. Frederick W. Whitridge, Esq., Receiver Dry Dock, East Broadway and Battery Railroad Company, 130th Street and Third Avenue, New York, N. Y. Dear Sir: Transmitted herewith, and hereby served upon you, is a certified copy of an Order in Case No. 1178, adopted by the Commission at its meeting on May 17, 1910, discontinuing the proceeding in regard to the tracks of the Dry Dock, East Broadway and Battery Railroad Company on North Moore Street. In connection with your acknowledgment hereof, I beg to call your attention to the provisions of Sec- tion 23 of the Public Service Commissions Law. Yours very truly, TRAVIS H. WHITNEY, .THG/WFR Secretary. Enc. 487 At a meeting of the Public Service Commission for the First District, duly held at its office, No. 154 Nassau Street, in the Borough of Manhattan, City and State of New York, on the 17th day of May, 1910. Present : William R. Willcox, Chairman ; William McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis. WILSON & TOWNE PAPER COMPANY, et al, Complainants, ^^^^"^^ [ Case No. 1178. THE DRY DOCK, EAST BROADWAY AND BATTERY RAILROAD COM- \ Discontinuance PANY, and FREDERICK W. WHITRIDGE, its Receiver, f Order. Defendants. "Tracks on North Moore Street between West Bf'^adway and Washington Street." An Order having been duly made by the Commission on November 23, 1909, directing the Dry Dock, East Broadway and Battery Railroad Company, and Frederick W. Whitridge, its Receiver, to satisfy the complaint in the above entitled matter or answer the charges set forth in said complaint, and the said Re- ceiver having made answers thereto, dated November 26th, and December 2d, 1909, and it now appearing that the matters complained of have been satisfied, it is ORDERED, That the above entitled proceeding be, and the same hereby is, discontinued. New York, May i8th, 1910. Travis H. Whitney, Esq., Secretary, Public Service Commission, 154 Nassau Street, N. Y. City. Dear Sir: I have yours of the 17th enclosing to me certified copy of an order, directing the discontinu- ance of certain proceedings in regard to the tracks of the Dry Dock, East Broadway & Battery Railroad on North Moore Street, for which I am obliged. Yours very truly, Receiver. Frederick W. Whitridge, Esq., New York, May 24, 1910. Receiver, Third Avenue Railroad Co., Third Avenue and 130th Street, New York City. Dear Sir: Relative to accident to Edward Schroeder, May 4th, 9:05 A. M. Investigation shows that while this man was attempting to cross Manhattan Street he stepped in front of an eastbound 125th Street Crosstown car, the motorman of which stopped when he saw the man on the track. The man stepped back and was struck by the front grab handle of westbound car and thrown to the track in between the two cars. Had the motorman of the westbound car showed the same ' care and intelligence as the motorman of the eastbound car did and had brought his car to a stop, the life of the man could have been saved. Although from investigation the motorman of the westbound car says he did not see the man in front of the car and did not know there had been an accident, it does not seem plausible inasmuch as the accident occurred at 9:05 A. M. or in bruad daylight. 488 Motormen should be instructed to bring their cars to a stop when there is danger to life, and I be- lieve that this is one of the rules of your company. Will you please advise the Commission if there was any discipline administered in this particular case. Yours very truly, TRAVIS H. WHITNEY, WJW/CWT Secretary. New York, May 25th, 1910. Travis H. Whitney, Esq., Secretary, Public Service Commission, New York City. Dear Sir: I have yours of the 24th giving me the result of your investigation in the case of Edward Schroeder, who was killed on May 4th, and also your reflections on the result of such investiga- tion. I note that you are of the opinion that motormen should be instructed to bring their cars to a stop when there is a danger to life; a proposition which I cordially assent to. In further reply to your request for information, I have to say that the mortorman was sus- pended and subsequently resigned from the service of the Company. Yours truly, Receiver, • May 23, 1910. Hoadley, Lauterbach & Johnson, 22 William St., New York City. Public Service Commission, 154 Nassau Street, City. Gentlemen : I desire to call your attention to what I feel is a just cause for complaint against the Union Railway Company in the operation of its Westchester Avenue line between 128th Street and Westchester Village. This line within the past few days has put into operation open cars running from 150th Street and Third Avenue to Clason Point. They have been particularly careful to run practically all of the open cars to Clason Point regardless of the benefit to those living in Unionport and Westchester Village who also enjoy the benefit of a ride in the open cars. Saturday evening I desired to take an open car from West- chester Avenue and Southern Boulevard to the street where I live in Unionport, being Doris Street, and feeling that I would like to smoke a cigar I waited for an open car going through Westchester Avenue. I waited for fully fifteen cars, and while there were numerous open cars the company ran them all to Clason Point and absolutely none into Unionport and Westchester Village. I do not think this fair to the public and I therefore call it to your attention. The excuse given me by an inspector was that they could not make the turn at 150th St. and Third Avenue with open cars. This, however, is no excuse for not running at least a few open cars to Westchester Village. I know last year the open cars were run frequently and there is no reason why we should not have the same accommodation this year. It is unfair that the Union Railway Co. should favor Clason Point and exclude the main line. Trusting that you will give this matter your attention and let the residents of Unionport and West- chester Village have relief as above mentioned, I am, Yours very truly, (Signed) GEO. T. VAN VALKENBURGH. 489 Mr. George T. Van Valkenburgh, New York, May 27th, 1910. C/o Hoadley, Lauterbach & Johnson, 22 William Street, City. Dear Sir: I send you herewith copy of my letter to the Public Service Commission in respect to your complaint. Yours truly, Enclosure : Receiver. Travis H. Whitney, Esq., New York, May 27th, 1910. Secretary, Public Service Commission, 154 Nassau Street, City. My dear Sir: Referring to your letter of the 24th. in respect to the complaint of Mr. George T. Van Valkenburgh, I beg to say that I very much regret that he was unable to find an open car going to Unionport on the Saturday evening to which he refers. During the Commission hours we are now operating eight open cars upon the Westchester Avenue line from 150th Street and Westchester Avenue to the terminus of Westchester Village. All the open cars are not yet in repair. It is our. intention to have them all in service by Decoration Day. We have been thoroughly overhauling them and placing them in service as fast as they are turned out of the shops, distributing them proportionately on the various lines. I am sorry that more open cars went to Clason Point than to Unionport, but that is because more people wanted to go to Clason Point than to Unionport, and I hope that by Tuesday next, when repairs on all these cars are completed, Mr. Van Valkenburgh will not be further incon- venienced. Yours truly, Copy to Mr. Van Valkenburgh. Receiver. Frederick W. Whitridge, Esq., Receiver, May 28, 1910, Third Avenue Railroad, 42nd St., Manh. & St Nicholas Ave. Ry., 2396 Third Avenue, New York City. Dear Sir: The annual report filed by you as Receiver of the 42nd St., Manhattanville & St. Nicholas Avenue Railway shows charged to additions to equipments, $350,365.50 for 75 P-A-Y-E cars. It appears that the same cars are included in the additions to equipment of the Third Avenue Railroad as reported by you. If we are mistaken about this duplication of assets, will you kindly set us right? We note also that among the charges to road and equipment of the Third Avenue Railroad is the item $158,281.89, "Union sub-station No. 2 and connections," which we understand is a sub-station of the Union Railway, of which also you are the Receiver. Will you kindly furnish us with a statement showing how much of the charges to road and equipment reported by you as Receiver of the Third Avenue Railroad is applicable to the other roads and will be or should be charged to them, giving the items for each road? If, since the filing of the report, any such items have been charged to or paid by the other roads, will you kindly give the dates upon which this took place? Very truly yours, TRAVIS H. WHITNEY, AEW/LER Secretary. 490 New York, June ist, 1910. Mr. Travis H. Whitney, Secretary, Public Service Commission, 154 Nassau Street, City. Dear Sir: Referring to* yours of the 28th instant, I beg to say the facts are as follows : The $350,365.50 for 75 P. A. Y. E. cars was vouchered and put on the books of the 42nd Street, Manhattanville & St. Nicholas Ave. Railway Company in June, 1909 — but did not get on the books of the Third Avenue Railroad until the voucher was paid July Qth, 1909. As the title did not pass until the latter date, possibly the item should be eliminated from the report of the 42nd Street, Manhattanville & St. Nicholas Ave. Railway Company for the year ending June 30th, 1909, and transferred to that for the year ending June 30th, 1910. I can hardly think, however, that your Commission could have been misled by this matter, as I understand some representative from your office was here and knew what the fact was. These apparent difficulties, if you ignore the information which your agents obtain from this office, are most embarrassing, but they are almost a necessary consequence of what seems to me the senseless duplication of accounts in organization by reason of so much of the property of this concern being lodged in different companies. If your Honorable Body would assist or per- mit the Bondholders to carry through some sort of reorganization, I have no doubt that the new Company would find a way to eliminate a great deal of this duplication of accounts. In respect to "Union Sub-station No. 2 and connections — $158,281.89" — the facts are that the land for this sub-station was purchased and the building and improvements made by the Receiver of the Third Avenue Railroad from the proceeds of loans and Receiver's Certificates, and the title was held temporarily by a Realty Company for the Third Avenue Railroad. The Union Railway has, during the past three months, purchased this property from the Third Ave- nue Railroad — has just completed making the payments — the title has been transferred and the transaction will be reported in the reports of the Third Avenue Railroad and the Union Railway for the year ending June 30th, 1910. There are no other items now known which have been charged to or paid for by the other roads, although the following amounts will be transferred before the close of the year. Page 28 of the report — lines 27, 28, 29, Account of the 42nd St. Man. & St. Nich. Ave. Ry $5,i55-8o Page 28 — 14th St. & Avenue B 312.87 Gran, Corlears & Monroe Sts 502.80 177 Manhattan Street .80 177 Manhattan Street 150.00 Yours very truly, Receiver. 491 STATE OF NEW YORK > PUBLIC SERVICE COMMISSION, 154 Nassau Street. Frederick W. Whitridge, Esq., Receiver, New York, June 4, 1910. 42nd St., Man. & St. Nich. Ave. Ry., 2396 Third Avenue, New York City. Dear Sir: Upon authority of your communication of the 1st inst. the item of $350,365.50 for 75 P-A-Y-E cars has been eliminated from the annual report of the 42nd St., Manhattanville & St. Nicholas Avenue Rail- way Co. Kindly note the following resultant changes in your copy of the report: Pasre 25, line 46, cols, (c) and (g), eliminate 309,850.00 " " " 47, " " " " " 141.115.50 " " " 57, col. (c), eliminate .350,365.50 " *' " " " ig) change- 409.850.58 to 59,485.08 Page 86, line 25, eliminate entire entry ' 38, change 883,390.29 to 33,024.79 Page 23, line 24, cols, (c) and (d), change 409,850.58 to 59,485.08 ' 30, col. (c) " 890,532.18 "540,160.68 " *' " 30, " fd) " 477,479.31 " 127,113.S1 " " '* 44, " (c) " 883,390.29 *' 33,034.79 " " " 44, " (d), eliminate 826,770.09 " " " 44, " (e), insert 28,595.41 " '• " 60, " (c), 'Change 890.532.18 "540,166.68 " " " 60, " (d). " 477,479.31 "137,113.81 Page 28, lines 16, 17, 18, eliminate entire entry Page 27, eliminate note. The reports did not contain any explanation of this duplication of $350,365.50 of assets. This is another instance of your failure to make your accounts reflect the actual business that you carry on. Upon your theory that only cash transactions are to be recorded in your accounts (which theory, however, was not followed in entering the $350,365.50 among the assets of the 42nd St., Manhattanville & St. Nicholas Avenue Railway), you have been reporting since July ist, 1909, revenues considerably below -actual revenues, inasmrch as you took no account of power sold to the Westchester and Yonkers railways during the last six months of 1909. It also appears that the Receiver of the Yonkers railroad is charging to his expense account rent for the use of track on Broadway under an arrangement with you as Re- ceiver of the Union Railway Company, but no hint of any such arrangement involving additions to the income of the latter company is found in your reports. Very truly yours, APW/LER (Signed) WILLIAM J. NORTON, Assistant & Acting Secretary. Public Service Commission, New York, June 6th, 1910. 154 Nassau Street, New York City. Dear Sirs: I have your letter of June 4th in which you permit yourselves to say that "This is another instance of your failure to make your accounts reflect the actual business carried on." This is very distressing, but I content myself with a denial of the statement. In the matter of charges for power against the Westchester and Yonkers Companies, it is true that last year I did not credit them with payments for power because I was doubtful whether I would receive the money. When it came in, it was charged to the credit of Profit & Loss. This year I find that they can pay, and their payments are credited month by month as the power is furnished. In respect to the rental with the Yonkers Railway, perhaps you will tell me whether your grievance is, that Mr. Sutherland charges himself with a rental which he does not pay, or that I fail to credit myself with a rental I do not receive. Yours truly, . Receiver. 492 June 3rd, 1910. James N. Wallace, Esq., New York. Dear Mr. Wallace: Referring to Mr. letter to you of the ist instant, protesting against the animosity being engendered between the Public Service Commission and myself as Receiver of the Third Avenue Railroad system, I beg to say that my own feeling about the members of the Public Service Commission is entirely impersonal, and that I do not consider that I am responsible for any animosity that they may cherish towards me or anybody else. There are about four thousand printed pages of correspondence between the Commission and myself, and with the exception of two short letters, there is not a line in the whole four thousand pages from me except by way of reply to some order or communication from the Commission. The Commission has brought nine suits against me, each of which, in my judgment as a lawyer, was without reasonable foundation. All of them have been dismissed or decided in my favor, and the Commission now appears to have entirely lost its temper over its defeat, and has begun to be merely personally abusive. I think Mr. should consider these matters, and I have only to say that on the slight- est intimation from you, or from any considerable number of bondholders that my services are imperilling their property, I shall be only too happy to retire. And having said that, Mr. will pardon me for saying that his letter seems to me to be an excellent instance of that pusillanimity of the American people, and of capitalists in par- ticular, which causes them to bow before all public officials, and to be willing to submit to almost anything from them. This unwillingness on the part of the people — and particularly of corporations — to stand up for their rights has, for years, seemed to me to be one of the causes why this country has to submit to so much bad government. In this case the Commission seems to share the widespread notion, engendered by poli- ticians and newspapers, that corporations and everybody connected with them, are neither law- abiding, truthful nor honest. That, in some cases, may be true. It is not true of me. And I find the state of mind of the Public Commission toward most of the things with which they have to deal in this district, to be stupid and insolent. I long ago made up my mind that, so far as I was concerned, it was my duty as a citizen to uphold my own interests, and anybody else's interests entrusted to me, against any sort of governmental aggression or incompetency, and that it was my duty to treat every official as his character required that he should be treated — and not otherwise. That course I intended to continue to pursue. I think in the long run that it will be found beneficial to the interests en- trusted to me. But if anybody thinks otherwise, I shall, as I say, be only too happy to retire from the position I now hold. Yours verv truly, F. W. WHITRIDGE. Receiver. 493 PUBLIC SERVICE COMMISSION. 154 Nassau St. New York, July 7th, 1910. Mr. Frederick W. Whitridge, Receiver, 3rd Ave. R R Co., 130th St. & Third Avenue, 3rd & Amsterdam Ave. Line- New York City. Sunday Service. Dear Sir: An observation was made of the service on this line on Sunday. June 26th, from 2 to 10 P. M. at 8th Ave. and 125th St. and at 162nd St. and Amsterdam Ave. in both directions. At Fort George (195th St.) the southbound traffic was observed. I enclose herewith tabulations showing the result of the observa- tions. At 125th St. westbound (north). You will observe that at this point overloading existed from the start until 5 o'clock, and then again from 8 to 9 o'clock. The average condition of loading per car for the entire observation period was three standing. The largest number of cars in any one period was 20, and the smallest 10. The total number of cars observed in this direction was 422, of which 51 were des- tined for Fort George, the west terminal of the 125th St. Crosstown Line. Cars of the 3rd Ave. & Amsterdam Ave. Line were observed running to this destination, which ap- pears to be good practice, provided it is not done at the expense of the Amsterdam Ave. service. Although the Fort Lee cars are included in the tabulations (Sheets i and 2), of the 3rd & Amsterdam Ave. Line, still there are 26 violations of the Commission's order, of which 4 may be considered technical. Basthound, The total number of cars was 403, and the average condition of loading per car, 93%. This direction shows 19 violations, including one which may be considered technical. (See Sheets 3 & 4.) At 162nd St., northbound, 375 cars were observed. The average condition of loading per car being 3 standing. The violations amount to 24, one of which may be considered technical. (See sheets 5 and 6.) Southbound, the total number of cars was 360; the average condition of loading per car 84%. There were 20 violations, including one technical. (See Sheet 7.) At Fort George (195th St.) the northern terminal of the line, there were 359 cars, average condition of loading per car being 72%; 16 violations noted. (See sheet 8.) For the three points at which observations were made, the total number of violations is 105, including 7 which may be considered technical. Prom Manhattan St. (126th St.) to 162nd St. there are operated on Amsterdam Ave., cars of the fol- lowing three lines; 3rd & Amsterdam Ave., Kingsbridge, and loth Ave. branch, the combined service being tabulated together. The northbound direction is shown on Sheets o and b; southbound on sheets c and d. Even considering this combined service given on Amsterdam Ave. by the three lines as that of one line, it does not provide the service called for by the Commission's order covering the 3rd and Amsterdam Ave. line as the tabulations of the combined service show northbound 18 violations and southbound 19. It would appear from these figures that the service orders of the Commission were disregarded. It was also noted during the observation that 94 cars southbound, and 93 northbound maximum per hour were noted as being operated over the heavy grade on Amsterdam Avenue. Final order in Case 424, effective since May i, 1908, and continuing in force until otherwise ordered, calls for a sufficient number of cars in each direction past any point during every 15-minute period to provide a number of seats at least 10% in excess of the number of passengers, or 25 cars per 15-minute period. Will you please advise the Commission why the Order is not being observed? Very truly yours, (Signed) TRAVIS H. WHITNEY, Secretary. 494 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line — 3rd Ave. & Amsterdam Ave. June 26th, 1910. Sheets Nos. i and 2. Location of Observer — 125th Street & 8th Ave. Computer H. C. L. Chedced by C. A. H.— F. 2:10 P. M. Sunday. Bound — West. A. L. Investigation No. 2830 . ^» ^ ^ "c Oh '^^ be a 1.. •50 aw 1 fi § Time. Destination. u & e « .0 fi, §1 3§ ^1 ■s| 1® 3 'ifi *o ^s ^u. ^ ^ Eh < is s p. M 8.00 to 2.15 Fort Georffe 14 630 647 1 8td. 6 80 2.15 " 2.30 Fort Lee Ferry i 19 675 678 Full. 7 120 2.30 " 2.45 " ! 15 675 826 lOstd. 9 160 2.45 " 3.00 " 15 675 808 9 " 9 160 8.00 " 8.15 ' " 12 540 780 16 " 9 190 8.15 " 8.80 ' " 20 900 1,058 8 " 12 180 8.80 " 8.45 ' " 18 810 948 7 " 11 160 8.45 " 4.00 1 n 13 585 895 24 " 13 810 4.00 " 4.15 k tl 16 720 973 16 " 13 280 4.15 " 4.80 I u 12 540 740 17 " 10 200 4.80 " 4.45 t u 14 630 764 10 " 11 170 4.45 " 5.00 ( (t 1« 720 691 96% 5 70 5.00 " 5.15 1 ik 12 540 640 8std. 7 100 5.15 " 5.80 t 11 15 675 710 2 " 5 80 6.80 " 5.45 ' >' 15 675 688 1 " 9 180 5.45 " 6.00 i tk 14 680 576 91 O. ao s 9 12 11 8 15 9 16 16 14 15 19 16 18 10 12 18 15 11 11 18 15 15 15 12 9 18 9 18 6 8 11 403 3 c8 405 540 495 360 675 405 720 720 680 675 855 720 810 450 640 585 675 495 495 810 676 675 675 540 405 585 405 585 405 270 360 495 18,185 a*f 253 415 2^ 860 450 351 450 504 389 560 491 609 717 692 589 586 817 786 651 828 720 595 755 485 620 556 394 530 655 16,888 O c3 SO 70% 61% 540/0 690/0 4 8td. 6 10 1 Full. 7std. 96% lOstd. 15 21 18 9 8 17 4 21 15 5 « !z;0L, 132 « . OS S3M 10 10 20 20 50 105 150 80 130 100 70 120 80 180 180 190 170 160 60 170 160 2,825 496 COPY. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line — 3rd & Amsterdam Ave. June 26th, 1910. Location of Observer — 162nd St. & Amsterdam Ave. Bound — North. Computer— E F P Checked by F A L Investigation No. 2830 Sheets Nos. 5 and 6. Time. Destination. 1, ■SI so a S5 u B h .:So 11 < 5m ® II si si a so fl IS p. M. 2.00 to 2.15 10 11 13 11 13 15 15 17 14 13 10 14 14 10 14 11 14 15 12 10 10 9 10 10 10 4 10 10 12 13 11 10 450 495 585 495 585 675 675 • 765 630 5a^ 450 630 680 450 630 495 630 675 540 450 450 405 450 450 450 180 450 450 540 585 495 450 443 546 592 518 738 760 750 807 840 735 700 850 708 491 683 531 562 550 478 427 360 426 456 464 496 240 640 582 482 495 351 279 98% 5 std. Full 2 std. 12 " 6 •' 5 " 2 " 15 " 13 " 25 " 16 " 5 " 4 " Full 3 std. 89% 81% 89% 95% 80% 2 std. 1. " 1 '• 5 •' 15 " 19 " 8 " 89% 85% 71% 62% 2 5 6 4 10 8 7 6 12 11 10 11 6 5 8 5 8 1 1 4 "s 5 3 2 4 10 6 8 20 2.15 '• 2.30 60 2.30 '• 2.45 70 2.45 " 8.00 50 3.00 " 3.15 180 3.15 " 3.30 130 8.30 " 3.45 120 8.45 " 4.00 60 4.00 " 4 15 210 4.15 " 4.80 150 4.30 " 4.45 250 4.45 " 5.00 220 5.00 '■ 5.15 100 5.15 " 5.30 50 5.80 " 5.45 30 5.45 " 6.00 90 6.00 '> 6.15 6.15 " 6 80 40 10 6.80 " 6.45 10 6.45 " 7.00 40 7.00 " 7.15 7.15 " 7.30 80 7.30 " 7.45 55 7.45 " 8.00 50 8.00 " 8.15 35 8.15 " 8.30 60 8.30 " 8.45 190 8.45 " 9 00 100 9.00 " 9.15 40 9 15 " 9 80 9 80 " 9.45 9.46 '-10.00 6. 00 to 10.00 Totals 170 7,660 7,238 950/0 45 660 8.00 to 10.00 Grand Totals... 875 16,875 17,875 8 std. 156 2,450 497 COPY. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line — Third and Amsterdam Aves. June 26th, igio. Location of Observer — Amsterdam Ave. & 162nd St. Bound — North. Computer — J W G Checked by H G L. Investigation No. 2830 (Sunday.) Time. Destination. i |l II 1 S . 1 |£ !z;| H a ^ « ^^ 5>.a SCO sg 5ti ai a P IS p u 2.00 to 5.00 5.00 " 5.15 Totals fwd. . 65th Street 151 10 10 11 10 10 15 14 15 11 11 10 10 7 12 10 6 7 8 10 12 6,795 450 450 495 460 450 675 680 675 495 495 450 450 815 540 450 270 315 860 450 540 2,800 443 425 470 445 640 706 680 705 550 620 556 550 405 685 426 843 480 545 570 628 AV4 98^ 94^ 95^ m% 9std. 2 " 4 " 2 " 5 " 11 " 10 " 10 " l.S " 12 " 95;i- 12 std. 24 " 28 " 12 " 7 " 1 2 2 2 5 8 8 7 3 6 10 10 8 7 12 5 6 6 8 8 9 10 20 5.15 " 5.30 6th Street 20 5.30 " 5.45 Post Office 20 5.45 '• 6.00 " " 40 6.00 " 6.15 90 6.15 " 6.30 40 6.30 " 6.45 6.45 " 7.00 '' \[ •> • 50 80 7.00 " 7.15 65 7.15 " 7.30 125 7.30 " 7.45 105 7.45 " 8.00 100 8.00 " 8.15 90 8.15 " 8.30 145 8.30 " 8.45 75 8.45 " 9.00 100 9.00 " 9.15 165 9.15 " 9.30 185 9.30 '.' 9.46 120 9.46 "10.00 110 5.00 to 10.00 Totals 209 9,405 10,766 7 std. 180 1,685 2.00 to 10. 00 Grand Totals 860 16,200 18,566 MH 181 1,695 Sheet No. 7. COPY. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line — 3rd & Amsterdam Ave. Date — Sunday, June 26, 1910. Location of Observer — Fort George (195th St.) Bound— South Computer— F. A. L. Checked by W. H. McC. Investigation— 2830 Time. Destination. so 13 525 1. II 1 hi °o OS'S si E a 3 a "S| !«. s ;5 p. M. 2.00 to 6.00 6.00 " 6-15 Total. . . . 192 14 12 18 15 11 10 11 8 11 10 7 6 7 10 12 10 8,640 680 540 685 675 496 450 496 360 495 450 316 270 816 450 640 450 8.500 613 522 686 667 566 481 556 400 535 458 402 836 505 673 638 429 41^ 97^ m^ Full. 99^ 5 std 8 " 5 " 6 " 4 " Full. 12 std. 11 " 27 " 12 " 99^ 87>ir 7 1 65 10 6.15 " 6 80 6.80 " 6.45 1 1 5 8 6 4 4 7 5 4 7 9 6 3 10 6.45 " 7.00 10 7.00 " 7.15 60 7.15 " 7.80 40 7.80 " 7.45 60 7.45 *» 8.00 40 8.00 " 8.15 40 8.15 " 8 30 120 8.80 •' 8.45 150 8.45 " !».00 120 9.00 " 9.16 190 9.15 " 9.30 150 9.80 " 9.45 80 9.46 "10.00 30 2.00 to 10.00 Grand total. . . . 859 16,155 11,646 72;; 73 1,176 Sheet No. 8. 498 COPY. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line — 3rd & Amsterdam ■\ loth Avenue Branch > Combined Dated — June 26, 1910, Sunday. Kingsbridge ) Location of Observer — 162nd St. and Amsterdam Ave. Bound — North. Computer — McClure. Checked by F. A. L. Investigation No. 2830 — 2832 — 12833 Sheets Nos. "A" and "B." Time. Destination. 00 u 11 « •A Pt SO 1. S is •s a t. li O61 «.£ 1^ fi 00 a CI IS. p. M. 2.00 to 2.15 18 20 22 20 21 23 23 26 21 23 19 24 23 19 25 21 24 21 20 16 19 15 19 17 17 6 18 17 21 20 15 17 810 900 990 900 945 1,035 1,035 1,170 945 1,035 855 1,080 1,035 855 1,125 945 1.080 945 900 720 855 675 855 765 765 270 810 765 945 900 675 765 717 848 947 920 1,067 l,2:n 1.171 1,265 1,208 1.209 1,099 1,831 974 858 894 837 823 748 740 643 567 615 762 718 782 851 1,061 748 726 703 450 432 890/0 94% 96% 1st 6 9 6 4 13 8 13 10 94% Ful 79% 890/0 760/0 790^ 820/0 890/0 66% 910/0 S9% 94% 1st 13 ' 14 ' 98% 770/0 78% 67% 56% 4 8 8 d. 6 12 15 12 10 16 15 12 18 7 7 8 5 8 1 2 4 60 2.15 " 2.30 110 2.80 " 2.45 110 2.45 " 3.00 110 8.00 " 3.15 280 8.15 " 3.30 250 3.30 " 3.45 190 8.45 " 4.0(» 140 4.00 " 4.15 290 4.15 " 4.30 210 4.30 " 4.45 280 4.45 " 5.00 260 5.00 " 5.15 110 5.15 " 5.30 120 5.30 " 5.45 30 5.45 " 6.00 90 6.00 " 6.15 40 6.15 " 6.30 10 6 30 " 6.45 20 6.45 " 7.00 40 7.00 •' 7.15 7 15 " 7 80 3 5 5 d. 5 5 15 6 4 1 30 7 80 " 7.45 55 7.45 " 8.00 70 8.00 " 8.15 60 8.15 " 8 30 90 8.80 " 8.45 260 8.45 " 9.00 100 9 00 " 9 15 50 9.15 " 9.30 10 9.80 " 9.45 9.45 "10.00 2.00 to 10.00 Totals.... 680 28,350 27,445 97% 212 8,425 499 COPY. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT. Bureau of Transit Inspection. Line — All lines on Amsterdam Ave. Date — Sunday, June 26, 1910. Location of Observer — Amsterdam Ave. 162nd St. Bound — South. Computer — H. C. L. Checked by J. W. C. — F. A. L. Investigation No. 2830, 2832, 2833. Sheets Nos. "C and "D." Time. Destination. II. SO 1 ^ . 1 11 •5 U < -Si II a OS ° ^^ o| la ^5 p. M. 2.00 to 2.16 28 16 18 19 21 22 20 22 19 27 22 21 21 18 19 17 21 26 24 28 19 17 19 18 12 18 19 9 11 17 17 19 1,035 720 810 855 945 990 900 990 855 1,215 990 945 945 810 855 765 945 1,170 1,080 1,085 855 765 855 810 540 810 855 4a5 495 765 765 855 284 225 281 235 306 414 342 896 522 578 640 685 850 888 884 786 1.095 1,198 1,142 1,085 893 960 1,025 965 696 988 858 465 750 994 980 921 90% 2 St 980/0 1st 7 ' 1 ' 8 ' 2 ' 2 ' 11 ' 9 ' 9 ' 13 ' 10 ' Ful 7 St 23 ' 18 ' 9 ' 8 ' ; "2 1 1 4 d. 6 5 d. 7 15 10 10 6 7 14 16 12 12 16 9 d. 6 10 13 14 10 2.15 " 2.30 ' 2.80 " 2.45 2.45 " 8.00 10 3.00 " 8.15 8.15 " 3.80 3.30 •• 3.45 8.45 '• 4.00 4.00 " 4.15 4.15 " 4.80 20 4.80 " 4.45 10 4.45 " 5.00 10 5.00 " 5.15 40 5.15 " 5.30 100 5.30 " 5.45 60 5.45 " 6.00 75 6.00 " 6.15 150 6.15 " 6.3() 56 6.80 " 6.45 80 6.45 " 7.00 60 7.00 " 7.15 66 7.15 " 7.80 196 7.80 " 7.45 170 7.45 " 8.11O 155 8.00 " 8.15 155 8.15 " 8.80 200 8.80 " 8.45 115 8.45 " 9.00 105 9.00 " 9.15 255 9.15 " 9.30 265 9.80 " 9.45 166 9.45 "10.00 120 2.00 to 10.00 Total 614 27,680 28,100 84% 207 2,625 500 COPY. New York, July 13th, 1910. Mr. Travis H. Whitney, Secretary, Public Service Commission, 154 Nassau Street, New York City. Dear Sir: I have your letter of the 7th instant with its enclosures. I enclose you herewith a memo- randum from the Operating Department in respect thereto. With that I might close the cor- respondence. As, however, the tone of your letter may be construed to indicate that the Com- mission is contemplating a further excursion into the realms of the law, I feel bound to answer your letter more fully. You send me twelve blue prints purporting to show the number of passengers sitting and standing in certain Third Avenue cars on Sunday, June 26th. I have already told you a suffi- cient number of times, that blue prints of this character are absurd on their face. As evidence they are worse than worthless, and you cannot expect me to pay any attention to conclusions drawn from them or any other evidence collected in any such manner. In addition to these general observations, I may say for your information, that on Monday, June 27th, certain of my officials informed me, as a joke, that they had been observing the opera- tions of your observers on the previous day, and found one of them making his observation from a point in the shade at one hundred yards or so distant from the cars which he was pre- tending to observe, and found another one pretending to observe the cars, and at the same time talking to three ladies in a comfortable hallway. If, however, there was a violation of Order 424, effective since May ist, 1908, and you are justified, as you think, in asking me to advise the Commission why that Order is not being obeyed, I have to say — First. — That it was not being obeyed on June 26th — if it was not — because every car which I possess was in service on that day. Any order which contemplates the use of cars which do not exist, is a foolish order, and ought to be changed. Second. — I have to say that this order is not being obeyed — if it is not — because my per- sonal judgment is that there are as many cars running down Amsterdam Avenue Hill as it is safe for human life to have, and I decline, in response to the orders of the Commission or any- body else to take the responsibility of increasing the headway of cars on that hill. I will resign my position rather than do so. Third. — If your order is not being obeyed the reason for it is that the order is of a totally impracticable character. On Saturday last, for instance, I went up to the entrance of the ball grounds about the time the crowd was coming out. We had twenty or more cars standing on the track waiting to accommodate the crowd. Several hundred or thousand people came out within a few minutes and apparently the whole of them wished to board the first car. They crowded into it to a point of what I should suppose to be suffocation. No order that you or I may make will possibly prevent this. What is required is a change in the Law and a large force of police. The same thing occurred with the next twelve or fifteen cars, and it was not 501 until some twenty or thirty minutes had elapsed, that I should have thought any decent man could have found a place in a car at all. The people apparently are of a different opinion. Now, in this case and in every case where there is a sudden access of crowd, your order is ilecessarily disobeyed — if you choose to put it in that way — and I am powerless to prevent it. I, therefore, repeat to you, what I said to you a year or more ago, why not make your orders correspond to the facts? I have answered you more fully than is necessary in this matter, not because I am seeking any conflict with the Commission, but because if you contemplate further proceedings, I am bound to give you my whole case, and I submit that it is not for the public interest that you should subject me to this sort of correspondence or this sort of futile espionage. Yours truly, Receiver. MEMORANDUM. Regarding the observations made by the Inspectors of the Public Service Commission on Sunday, June 26th, 1910, from 2:00 to 10:00 P. M., we must admit that at times during the hours mentioned passen- gers were standing in certain of the cars operated, and while that is a fact, the observations show that a number of the cars were operated upon less than a minute headway. We fully appreciate the necessity for providing adequate transportation facilities at all times, and we endeavor to do so. On the Sunday in question the riding was very heavy, particularly during the afternoon and evening, and we expect the same conditions to continue on holidays during the remainder of the Sum- mer season, when the weather is favorable. On the date in question, we had in service every available car, of the convertible type, and every available conductor and motorman. In addition, we had drafted from our Dry Dock Division, twenty crews to operate cars upon our other busier lines. The service requirements upon that Division on Sunday are less than other days in the week, and we can readily spare the men we transfer. We are very anxious to give ample accommodation to our patrons. We want, and appreciate, the in- creased business upon our lines on Sundays, and we endeavor to make provision for caring for it, and when we place in service every available car, and when every available man is employed, and we draw from our less busy lines a considerable percentage of their employees to help out the busy ones, we are not aware of anything else we can do, or of anything we have left undone, to maintain a satisfactory service. E. A. M. July 1 2th, 1 9 10. COPY. New York, July nth, 1910. Editor of "The Evening Post." Sir: In an editorial paragraph on Saturday, you say of an article in the "Outlook" on the Pub- lic Service Commission — "Few realize how thorough has been the change brought about by the Commission in the relation between the public service corporations and the community. We are apt to forget such matters as the reduction of accidents by the Commission's insistence 502 on the use by the surface cars of the best form of tenders — a thing which has saved hundreds of Hves, and yet has resulted in an actual money-saving to the companies, through prevention of damage claims; the compulsory substitution of good cars in proper condition, which has done away with the worst of the diabolical noises and has also greatly reduced congestion through break-downs; and a score of other things of similar character." I think you rather overstate the claims made by Mr. Stowe for the Commission in the "Outlook," and I do not know that it makes much difference who is credited with accomplishing the desired results, but it is not for the good of the souls of the Public Service Commissioners that the "Evening Post" should encourage their pet delusion — that everything which has been done to the street railways in this town since they were created, is due to their insistence, their investigations or their orders. They seem already to believe that "Post hoc ergo propter hoc" is a legal maxim, and their pathetic belief in it led them, on one occasion, to ask that certain improvements contemplated by the Receivers should be delayed until they could make an order compelling such improvements. As a matter of fact, the credit for most of the things referred to in your paragraph, is due solely to the United States Circuit Court and its officers. In particular, the credit for the life- saving fenders — not tenders — on the Third Avenue cars, is no more due to the Commission than it is to the comet's lost tail. I made a contract to equip all the cars of the Third Avenue System before the Commission took any action whatever, and I believe I began the investigation of the subject before they did. It is all very well for Mr. Willcox to sing the "Song of the Banderlog," but I submit that the "Evening Post" ought not to rejoin by chanting a Te Deum. Yours truly, Receiver. S03 [4630FJ THE EVENING POST JOB PRINTING OFFICE, 156 FULTON ST., N. Y. IND KX. Subjects. Accidents and Accident Reports 84, 347, 442, Accounting Order 170. Agreement between Westchester Electric and Union Railway Companies 405, Annual Reports 97, 338, Appraisal of Property 93, 309, Bill re Ambulance Chasers 219. Cables, Power House and Sub- station Machinery 365. Change of Grade 42nd Street 222. Change of Tracks at Times Square 229, Changing Cars at Times Square 218, Changing Signs on Cars 109, 281, Complaints against Employees 1 16, Complaints re Lack of Heat in Cars 15, 434, Complaints re Noise of Cars 124, 139, 283, 468, Complaints re Service — Boston Avenue Line 413, Broadway Line no, Brooklyn and Grand Street Line 19, 39, Crosstown — 42nd Street Line 86, " iioth Street Line.. 229, " 135th Street Line 330, 467. " i6ist Street Line 1 375, Fordham Line 375, Jerome Avenue Line 459, Kingsbridge Line 45, 246, Pages. 85, 114, 130, 202, 203, 210, 238, 239, 348, 349, 357, 393, 394, 404, 411, 423, •454, 455, 468, 469, 487, 488. 406, 98, 113, 114, 174, 214, 239, 240, 254, 339, 341, 342, 343, 344, 490, 491, 492. 94, 200, 202, 278, 299, 300, 304, 306, 324, 325, 339, 340. 233, 284. 219. 116, 119, 120, 153, 154, 221, 241, 280, 282, 445, 451. 128, 129, 252, 253- 16, 17, 109, 163, 402, 409, 410, 427, 435, 443, 444, 447, 462, 463- 125, 126, 127, 134, 135, 136, 137, 138,. 140, 152, 160, 227, 228, 245, 278, 279, 329, 330, 334, 350, 351, 429, 430, 467, 473- 414, 419, 420, 422. III, 474. 20, 21, 29, 30, 31, 33, 36, 38, 40, 43, 112, 301, 302, 478, 479, 480. 87, 88, 260, 261, 477, 478. 231, 235, 236, 244, 245. 331, 332, 344, 345, 346, 407, 465, 466. 376, 377, 380, 381, 404. 378, 379, 380, 381, 420, 421, 422. 460, 461. 46, 47, 74, 75, 77, 78, 204, 206, 273, 295, 298, 319, 326, 327, 346, 436. Morris Avenue Line 66, Morris Park Avenue 398, Sedgwick Avenue Line 254, Southern Boulevard Line 286, Third and Amsterdam Avenue Line 21, 107, 495, Third Avenue and 128th Street Terminus 354, Tremont Avenue Line 123, Westchester Avenue Line 273, West Farms Line 156, White Plains Avenue Line 208, Williamsbridge Line 367, 449, Complaints re Unsanitary Condition of Cars 11, 427. Contracts — Interchange of Equipment 322. Daily Statistics for P. S. Com. Engineer 385. "Dark" cars, Webster Avenue barn 264, Depreciation Account 310, Discontinuance Through Route — 242nd Street 192, Discontinuance Through Route — Yonkers 175, Drawings and Plans of Construction 323, Employees' Benefit Association 223, Extension Boscobel Avenue 28, Extension Ft. Schuyler Road 25, Fenders, Life Guards 51, 277, Filing Copies of Bonds, etc 207. Filing Franchise and Corporate Documents 431, Flagmen 42nd Street and nth Avenue Crossing.... 265, Form of Accounts 170. Franchise Bronx Traction Co 270. Franchise Ft. George Loop 203, 262, Franchise Pelham Avenue Extension 255, Franchise Queensboro Bridge 372, Gasolene- Electric Q^r i 371, Heating Regulations 205, Kingsbridge Ry. Co. Contract 212, Lexington Avenue Subway 352, List of Cars in Operation and on Order 91, List of Officers and Directors 247, Midnight Service Morris Avenue Line 167, Monthly Reports 327, Overhauling Equipment 233, Permits to P. S. Com. Employees 356, Poles, 135th Street 463, Quarterly Reports 113, 328, 7Z, 383, 384. 399, 400. 255- 287. 22, ^Z, 24, Z'Z, 34, 37, 41, 42, "5, 118, 119, 121, 122, 381, 382, 494, 496, 499, 501. 355, 356. 124, 456, 457, 458. ' 274, 275, 418, 419, 464, 489, 490. 157, 291, 292, 293, 294. 209, 2,^^, 366, 7>(i7, 421, 422, 436. 368, 369, 370, 414, 41S, 416, 424, 448, 450, 456, 457, 458. 12, 13, 60, 61, 62, 63, 64, 426, 265. 3", 323. 196. 1 178, 192, 211. 324, 335, 336, 338, 477, 485. 260, 261. 52, 53- 26, 27, 56, 57, 58, 95, 96, 97. 224, 225, 226, 227, 240, 241, 268, 270, 290. 432, 433, 437, 453, 456, 470. 285, 295, 296, 302, 303. 204, 214, 216, 217, 244, 248, 252, 261, 269. 259, 263, 264, 270, 271, 272, 275, 276. 373, 374, 375, 380, 381. Z72- 2^2, 363, 386, 387, 408, 409. 214. 353, 357, 358. 92. 248. 183. 328, 349, 351, 352, 363, 364, 470. 234- 361. 464. 209, 210, 211, 236, 267, 268, 275, 306, 329, 337, 338, 340. 502. 396, 397, 425- 13, i8. 103, 104, 113, 199, 200. 220, 221, 266, ^1, 333, 382, 383. 390, 391, 392, 403, 487, 488. 90. Relations to Public Service Commission 493, Reorganization Plan 289, Repairs to Cars 2, Repairs to Track 218, 220, 221, 266, 2^1, 333, 382, 383, 388, 389, Reports re Cash Fares and Transfers 89, Reports of Defects in Cars 448. Reports re Motors, Car Bodies and Trucks 48, 49, 50, 59, 225, 226, 227, 228, 229, 417. Report on P. A. Y. E. Cars 237, Resolution of Board of Aldermen re P. A. Y. E. Cars. 476, Specifications and Plans of Equipment ^z^ Stopping at Grand Central Station 131, Stops at Crossings 162, Suggestions as to Improvements in Service 165, Suits for Recovery of Penalties 171, Tabulated Statements Brooklyn Traffic 171, Tariff Schedules 99, Tenth Avenue Cars 384, Terminal Facilities West 130th Street 140, Transfers 122, 243, Transfer of Passengers at Bayard St. and the Bowery, 117. Transfer Situation, 59th Street 215. Underground Conduit. 430. Ventilation of Cars 105, 106, 107, 412. Waiting Room Facilities 390, 391, 445. Williamsburg Bridge Contract 168, 169, 170, 196, 197. 238. 481, 482. 54, 55, 82, 164, 165, 166, 472. 132, 395, 396. 163, 206, 207, 422. 166, 167, zn. 374. 172, 214, 215, 311, 319, 482, 485. 203, 353, 354, 363, 401. 100, IDI, 197, 199. 385. 141, 143. 123, 153, 154, 155, 158, 159, 241, 242, 285, 287, 359, 360, 395, 400, 401, 452. UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW P .24Aug'54A^ REOD LD AUG 10 '64 -11 AM 30m-6,'14 YE 1507 COT3 284664