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XII.

IN THE MATTER OF THE APPLICATION OF ERIE RAILROAD COMPANY FOR INDORSEMENT OF APPROVAL ON CERTIFICATE OF INCREASE OF CAPITAL STOCK.

Determination. December 19, 1905.

(Indorsement on Certificate.)

The Board of Railroad Commissioners hereby approves the within certificate and the increase of the common stock of Erie Railroad Company from one hundred and thirty-three million dollars ($133,000,000) to one hundred and fifty-three million dollars ($153,000,000), as therein provided.

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Applications for Consent to Issue of Mortgages.

1.

IN THE MATTER OF THE APPLICATION OF THE EASTERN NEW YORK RAILROAD COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR ONE MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($1,750,000).

Determination. January 12, 1905.

Application having been made to this Board on January 9, 1905, by the Eastern New York Railroad Company, under subdivision 10 of section 4 of the Railroad Law,-the petition also embracing an application for approval of an increase of the capital stock of said company from one hundred thousand dollars ($100,000) to one million, seven hundred and fifty thousand dollars ($1,750,000)—for consent to the issuance by said company of a first mortgage for one million, seven hundred and fifty thousand dollars ($1,750,000); and a hearing having been given on said application before this Board in the city of Albany on January 12, 1905, T. F. Barrett appearing for the applicant; and the purposes to which the proceeds of said mortgage are to be devoted appearing for the petition and the affidavit of John M. Farley herein; and it appearing that the owners of capital stock of the company to an amount equal to that required by the statute have consented to the issuance of said first mortgage, it is

Ordered, The Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Eastern New York Railroad Company of a first mortgage for one million, seven hundred and fifty thousand dollars ($1,750,000), on condition that but five hundred thousand dollars ($500,000) bonds shall be issued thereunder under this consent and on condition that said company before issuing the remaining one million, two hundred and fifty thousand dollars ($1,250,000) bonds or any part thereof under said mortgage shall apply for and secure the further consent of this Board to such issuance of said one million, two hundred and fifty thousand dollars ($1,250,000) bonds or any part thereof. (Case No. 3278.)

11.

IN THE MATTER OF THE APPLICATION OF THE ITHACA-CORTLAND TRACTION COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($775,000).

Determination. January 26, 1905.*

Application having been made to this Board on January 12, 1905, by the Ithaca-Cortland Traction Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said company of a urst mortgage for seven hundred seventy-five thousand dollars ($775,000); and a hearing having been given on said application before this Board in the city of Albany on January 26, 1905, George E. Monroe appearing for the applicant; and the purposes for which the said first mortgage is to be issued appearing from the affidavit of Howard L. Chandler herein; and it appearing that the owners of the capital stock of the said company to an amount equal to that required by the statute have consented to the issuance of said first mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Ithaca Cortland Traction Company of a first mortgage for seven hundred seventy-five thousand dollars ($775,000). On January 27, 1904, this Board consented to the issuance by the IthacaCortland Traction Company of a first mortgage for six hundred fifty thousand dollars ($650,000). The company is to cancel the mortgage thus consented to and the present consent of this Board to the issuance by said company of a first mortgage for seven hundred seventy-five thousand dollars ($775,000) is upon condition that said mortgage for six hundred fifty thousand dollars ($650,000) be canceled prior to the filing of the first mortgage for seven hundred seventy-five thousand dollars ($775,000) hereby consented to.

The order of this Board, dated January 27, 1904, consenting to the issuance by the Ithaca-Cortland Traction Company of a first mortgage for six hundred fifty thousand dollars ($650,000) is hereby annulled. (Case No. 3283.)

See page 174, first volume, 1904 report of this Board.

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IN THE MATTER OF THE APPLICATION OF THE ELLENVILLE AND KINGSTON RAILROAD COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000).

Determination. February 15, 1905.

Application having been made to this Board on February 7, 1905, by the Ellenville and Kingston Railroad Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said company of a first mortgage for six hundred and fifty thousand dollars ($650,000); and a hearing having been given on said application before this Board in the city of Albany on February 15, 1905, John B. Kerr appearing for the applicant; and the purposes for which the said first mortgage is to be issued appearing from the verified petition and the affidavit of R. D. Rickard herein; and it appearing that the owners of capital stock of the said company to an amount equal to that required by the statute have consented to the issuance of said first mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Ellenville and Kingston Railroad Company of a first mortgage for six hundred and fifty thousand dollars ($650,000). (Case No. 3298.)

IV.

IN THE MATTER OF THE APPLICATION OF THE PORT JERVIS, MONTICELLO AND SUMMITVILLE RAILROAD COMPANY FOR CONSENT TO THE ISSUE OF A MORTGAGE FOR FOUR HUNDRED AND FIFTY THOUSAND DOLLARS ($450,000).

Determination. February 15, 1905.

Application having been made to this Board on February 7, 1905, by the Port Jervis, Monticello and Summitville Railroad Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said company of a mortgage for four hundred and fifty thousand dollars ($450,000); and a hearing having been given on said application before this Board in the city of Albany on February 15, 1905, John B. Kerr appearing for the applicant; and the purposes for which the said mortgage is to be issued appearing from the verified petition and the affidavit of Arthur L. Parmelee herein; and it appearing that the owners of capital stock of

the said company to an amount equal to that required by the statute have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Port Jervis, Monticello and Summitville Railroad Company of a mortgage for four hundred and fifty thousand dollars ($450,000). (Čase No. 3299.)

V.

IN THE MATTER OF THE APPLICATION OF THE NEW YORK, AUBURN AND LANSING RAILROAD COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR ONE MILLION DOLLARS ($1,000,000).

March 1, 1905.

Application having been made to this Board on January 28, 1905, by the New York, Auburn and Lansing Railroad Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said company of a first mortgage for one million dollars ($1,000,000); and hearings having been given on said application before this Board in the city of Auburn on February 16 and in the city of New York on March 1, 1905, E. C. Aiken appearing for the applicant: and the purposes to which the proceeds of said mortgage are to be devoted appearing from the verified petition and the affidavit of Herbert A. Clarke herein; and it appearing that the owners of capital stock of the company to an amount equal to that required by the statute have consented to the issuance of said first mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the New York, Auburn and Lansing Railroad Company of a first mortgage for one million dollars ($1,000,000), on condition that but two hundred thousand dollars ($200.000) bonds shall be issued thereunder, under this consent and on condition that said company before issuing the remaining eight hundred thousand dollars ($800,000) bonds or any part thereof under said first mortgage shall apply for and secure the further consent of this Board to such issuance of said eight hundred thousand dollars ($800,000) bonds or any part thereof. (Case No. 3291.)

VI.

IN THE MATTER OF THE APPLICATION OF THE ITHACA AND CAYUGA HEIGHTS RAILWAY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR FORTY THOUSAND DOLLARS ($40,000).

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Application having been made to this Board on February 27, 1905, by the Ithaca and Cayuga Heights railway, under subdivision 10 of section 4 of the Railroad Law, for consent to the issue of a first mortgage for forty thousand dollars ($40.000); and the purposes for which said first mortgage is to be issued appearing from the verified petition and the affidavit of Charles L. Crandall herein; and it appearing that the owners of capital stock of said company to an amount equal to that required by the statute have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Ithaca and Cayuga Heights railway of a first mortgage for forty thousand dollars ($40,000). (Case No. 3304.)

VII.

IN THE MATTER OF THE APPLICATION OF THE NEW YORK CITY INTERBOROUGH RAILWAY COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR FIVE MILLION DOLLARS ($5,000,000).

Determination. March 23, 1905.

Application having been made to this Board on March 18, 1905, by the New York City Interborough Railway Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issue of a first mortgage for five million dollars ($5,000,000); and a hearing having been given on said application before this Board in the city of Albany on March 23, 1905, Strong & Cadwalader (Mr. John F. Charlton appearing) for the applicant; from the verified petition and the affidavit of Arthur Turnbull herein; and it appearing that the owners of capital stock of said company to an amount equal to that required by the statute have consented to the issuance of said first mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the New York City Interborough Railway Company of a first mortgage for five million dollars ($5,000,000). (Case No. 3309.)

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IN THE MATTER OF THE APPLICATION OF THE SYRACUSE AND SOUTH BAY RAILWAY COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR THREE HUNDRED THOUSAND DOLLARS ($300,000).

Determination. April 18, 1905.

Application having been made to this Board on April 12, 1905, by the Syracuse and South Bay Railway Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issue by said company of a first mortgage for three hundred thousand dollars ($300,000); and a hearing having been given on said application before this Board in the city of Albany on April 18, 1905, Louis L. Waters, Robert E. Drake and Frederick T. Pierson appearing for the applicant; and the purposes for which the said first mortgage is to be issued appearing for the verified petition and the affidavit herein of Willard K. Kimball and from evidence at the hearing; and it appearing that the owners of capital stock of said company to an amount equal to that required by the statute have consented to the issuance of said first mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Syracuse and South Bay Railway Company of a first mortgage for three hundred thousand dollars ($300,000). (Case No. 3328.)

IX.

IN THE MATTER OF THE APPLICATION OF THE ROCHESTER, SYRACUSE AND EASTERN RAILROAD COMPANY FOR CONSENT TO THE ISSUE OF A FIRST MORTGAGE FOR SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000).

Determination. April 18, 1905.

Application having been made to this Board on April 12, 1905, by the Rochester, Syracuse and Eastern Railroad Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said

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