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XIX.

IN THE MATTER OF THE APPLICATION OF THE OLEAN STREET RAILWAY COM

PANY FOR CONSENT TO THE ISSUANCE OF A FIRST MORTGAGE FOR THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) ON THE PROPOSED EXTENSION OF ITS RAILWAY FROM ALLEGANY TO SALAMANCA.

Determination. June 28, 1905. Application having been made to this Board on May 18, 1905, by the Olean Street Railway Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said company of a first mortgage for three hundred and fifty thousand dollars ($350,000) upon its proposed extension from Allega ny to Salamanca; and hearings having been given on said application before this Board in the city of New York on June 20 and in the city of Auburn on June 28, 1905, William L. Marey appearing for the applicant; and the purposes to which the proceeds of said first mortgage on said extension are to be devoted appearing from the verified petition and the affidavit of Wilson R. Page 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 on said extension, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Olean Street Railway Company of a first mortgage for three hundred and fifty thousand dollars ($350,000) on the proposed extension of its railway from Allegany to Salamanca. (Case No. 3347.)

XX.

IN THE MATTER OF THE APPLICATION OF THE LEHIGH AND LAKE ERIE RAILROAD

COMPANY FOR CONSENT TO ISSUE A FIRST MORTGAGE FOR THREE MILLION

DOLLARS.

Determination. June 28, 1905. Application having been heretofore made to this Board by the Lehigh and Lake Erie Railroad Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said corporation of a first mortgage for three million dollars to the United States Mortgage and Trust Company, as trustee, to secure the payment of an issue of fifty-year, four per cent. bonds of said corporation; and a hearing having been given on said application before this Board on this date; and Walter P. Cooke, . Esq., appearing for the applicant; and the purposes for which said mortgage is to be issued appearing from the verified petition and the affidavit of Walter G. Berg herein; and it appearing that the owners of the capital stock of the 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 said the Lehigh and Lake Erie Railroad Company of a first mortgage for three million dollars ($3,000,000). (Case No. 3370.)

XXI.

IN THE MATTER OF TIIE APPLICATION OF THE BUFFALO, LOCKPORT AND ROCHES

TER RAILY, Y COMPANY FOR CONSENT TO THE ISSUANCE OF A FIRST MORTGAGE FOR FOT"Ś MILLION DOLLARS ($4,000,000).

Determination. June 28, 1905. Application having been made to this Board on June 24, 1905, by the Buffalo, Lockport and Rochester Railway Company, under subdivision 10

of section 4 of the Railroad Law, for consent to the issuance by said company of a first mortgage for four million dollars ($4,000,000); and a hearing having been given on said application before this Board in the city of Auburn on June 28, 1905, A. B. Boardman appearing for the applicant; and the purposes to which the proceeds of said first mortgage are to be devoted appearing from the verified petition and the affidavit of F. W. Conn 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 Buffalo, Lockport and Rochester Railway Company of a first mortgage for four million dollars ($4,000,000). (Case No. 3374.)

See page 179, first volume, 1904 report of this Board as to Albion Electric railway of which this company is the successor.

XXII. IN THE MATTER OF THE APPLICATION OF THE ELECTRIC CITY RAILWAY COM

PANY FOR CONSENT TO THE ISSUANCE OF A FIRST MORTGAGE FOR FIVE HUNDRED THOUSAND DOLLARS ($500,000).

Determination. June 28, 1905. Application having been made to this Board on June 28, 1905, by The Electric City Railway Company, under subdivision 10 of section 4 of the Railroad Law, for consent to the issuance by said company of a first mortgage for five hundred thousand dollars ($500,000); and a hearing having been given on said application before this Board in the city of Auburn on June 28, 1905, P. F. King appearing for the applicant; and the purposes to which the proceeds of said first mortgage are to be devoted appearing from the verified petition and the affidavit of S. P. Franchot 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 Electric City Railway Company of a first mortgage for five hundred thousand dollars ($300,000). (Case No. 3376.)

XXIII. IN THE MATTER OF THE APPLICATION OF THE ALBANY AND SUSQUEHANNA

RAILROAD COMPANY FOR CONSENT TO THE ISSUANCE OF A FIRST MORTGAGE FOR TEN MILLION DOLLARS ($10,000,000).

Determination. June 28, 1905. Application having been made to this Board on May 31, 1905, by the Albany and Susquehanna 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 ten million dollars ($10,000,000); and a hearing having been given on said application before this Board in the city of New York on June 20, 1905, William S. Opdyke appearing for the applicant; and the purposes to which the proceeds of the said first mortgage are to be devoted appearing from the verified petition and the affidavit of W. L. M. Phelps 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 Albany and Susquehanna Railroad Company of a first mortgage for ten million dollars ($10,000,000). (Case No. 3352.)

Applications for a Certificate Under Section 59 of the

Railroad Law.

1.

IN THE MATTER OF THE APPLICATION OF THE NEW YORK CITY INTERBOROUGH

RAILWAY COMPANY FOR A CERTIFICATE OF PUBLIC CONVENIENCE
NECESSITY.

AND

A

Determination. January 12, 1905. The New York City Interborough Railway Company having applied to this Board for a certificate of public convenience and a necessity in respect of the routes described in its certificate of incorporation, excepting a portion of route one, as to which the application was withdrawn, and such application having been denied by this Board, and this Board having, at the request of the directors of said corporation, certified a copy of all maps, papers and evidence on file in the office of this Board, together with the findings of this Board, and the same having been presented to the Appellate Division of the Supreme Court for the First Department, and such Appellate Division having, for reasons stated in an order dated January 6, 1905, and in the opinion of the majority of said court filed December 23, 1904, directed this Board to issue a certificate of public convenience and a necessity in respect of the routes described in said certificate of incorporation numbered respectively one (1), two (2), three (3), four (4), six (6) and seven (7);

Now, in compliance with said order of said Appellate Division, the Board of Railroad Commissioners of the State of New York, certifies that public convenience and a necessity require the construction of the routes described in the certificate of incorporation of said New York City Interborough Railway Company, numbered respectively one (1), two (2), three (3), four (4), six (6) and seven (7), excepting only the portion of route one (1) described as follows:

Northerly on and along Corlear street or avenue from West Two Hundred and Thirty-eighth street to West Two Hundred and Forty-sixth street; thence northerly on and along West Two Hundred and Forty-sixth street to Barney street; thence northerly on and along Barney street to the street or lane connecting Barney street and Newton avenue; thence northeasterly on and along said street or lane to Newton avenue; thence northerly on and along Newton avenue to West Two Hundred and Fifty-third street; thence northerly and westerly on and along West Two Hundred and Fifty-third street to Riverdale avenue; thence northerly on and along Riverdale avenue to West Two Hundred and Fifty-fourth street; thence westerly on and along West Two Hundred and Fifty-fourth street to the Hudson river.

Said Board also certifies that the directors of said New York City Interborough Railway Company have compiled with section 59 of the Railroad Law in respect to the publication at least once a week for three successive weeks, of the articles of association of said corporation in one or more newspapers in the county in which the road of said company is to be located, and has filed satisfactory proof thereof with this Board. (Case No. 2911.)

See page 186, first volume, 1904 report of this Board.

11.

IN THE MATTER OF THE APPLICATION OF THE AUBURN AND NORTHERN ELECTRIC

RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

Determination. March 1, 1905. On reading and filing the application of the Auburn and Northern Electric Railroad Company (proposing to build a street surface railroad from the intersection of North and Genesee streets in Auburn to the intersection of the Erie canal and Main street in Port Byron, a distance of eight miles) for a certificate, under section 59 of the Railroad Law, dated November 23, 1904, the articles of association of said company and due proof of the publication thereof; and after a public hearing on said application in the city of Auburn on February 16, 1905, Teller & Hunt appearing for the applicant; L. G. Morphy appearing for the New York Central and Hudson River Railroad Company, as to a proposed crossing of the railroad of said company by the applicant's railroad on State street, Auburn; T. M. Osborne appearing as to a portion of the route; William Nottingham appearing for the Auburn and Syracuse Electric Railroad Company, in favor of the application; and after hearing evidence and arguments, and it appearing that the conditions of section 59 of the Railroad Law have been complied with by said applicant company and that public convenience and a necessity require the construction of said applicant company's railroad, it is

Ordered, That said application be and the same is hereby granted, and the Board of Railroad Commissioners hereby certifies in accordance with section 59 of the Kailroad Law, that the conditions of said section have been complied with by said applicant company, the Auburn and Northern Electric Railroad Company, and that public convenience and a necessity require the construction oi said applicant company's railroad as proposed in the articles of association of said applicant company. (Case No. 3257.)

See page 192, first volume, 1904 report of this Board.

III.

IN THE MATTER OF THE APPLICATION OF THE ELMIRA AND CORNING SHORT LINE

(STREET SURFACE RAILROAD COMPANY) FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

March 9, 1905. This application was filed with this Board on April 30, 1904. Public hear. ings in tne matter were held. Subsequently the application was withdrawn and the case closed. See Nos. VI, XV in this volume under this title. (Case No. 3142.)

IV.

IN THE MATTER OF THE APPLICATION OF THE ELECTRIC CITY RAILWAY COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD Law.

Determination. March 23, 1905. The Board of Railroad Commissioners hereby certifies, under the provisions of section 59 of the Railroad Law, that the directors of The Electric City Railway Company have caused a copy of the articles of association of said company to be published in one or more newspapers in each county in which the road is proposed to be located at least once a week for three successive weeks and have filed satisfactory proof thereof with this Board and have made this application within six months after the completion of said publica

tion; and the Board of Railroad Commissioners hereby certifies under the provisions of section 59 of the Railroad Law that public convenience and a necessity require the construction of the railroad of The Electric City Rail-way Company as proposed in its articles of association.

MEMORANDUM.

Appearances :
King, Leggett & Brown for the applicant.
Cohn & Chormann for the International Railway Company in opposition.

Pooley & Spratt for the New York Central and Hudson River Railroad Company, as to proposed crossings of that company's railroad by the applicant's railroad.

Moot, Sprague, Brownell & Marcy for the Erie Railroad Company, generally, and for Sara Sturdy, a property owner on Cherry street, in opposition.

Walter P. Cooke for the Buffalo, Thousand Islands and Portland Railroad Company.

Cromley & Gittens, generally, for Peter F. Porter, a property owner on First street and River street.

Eugene Cary for Mary L. Grant and other property owners on Cherry street, in opposition.

This application by The Electric City Railway Company for a certificate, under section 59 of the Railroad Law, was filed with this Board on June 2, 1904. Publication of the articles of association as required by said section has been made and the petition was filed within six months thereafter. The company proposes to build a street surface railroad to be operated by the overhead electrical trolley system of motive power in the city of Niagara Falls. The International Railway Company now operates an electric railroad in that city.

Public hearings on this application were held by this Board in the city of Niagara Falls on June 26, August 25 and 26 and November 18, and in the city of Buffalo on December 16, 1904. A large amount of testimony was taken. The length of railroad proposed is about eight miles. The principal appearance in opposition was that of the International Railway Company. The Board inspected the greater portion of the proposed route.

After consideration of the evidence we are of the opinion that public convenience and a necessity require the construction of the applicant's railroad. It is proposed in great part to be constructed in a part of the city now without such facilities. In view of the growth of Niagara Falls within recent years, the wide extent of territory covered by the buildings already erected and in process of erection and the probable future increase of popu. lation because of the development of additional power from the Niagara river, and of the fact that the main line of existing street railway which furnishes access to the outlying territory and accommodations for workingmen going to and from their places of employment is separated from a large portion of this outlying territory by the numerous lines of steam railroad,—this line seems to us to be a necessity and will be a public convenience. The holding of inside lands for speculative purposes has resulted in a peculiar condition of affairs. It has led to the building up of comparatively thickly settled groups of houses at quite widely separated points. which compels workingmen to reside a considerable distance from their places of employment. The building of the proposed line will afford facilities for these workingmen to get to and from their work readily.

We are of the opinion that the company complied with the requirements of subdivision 13 of section 2 of the Railroad Law as to the payment of ten per cent. of its capital stock.

The certificate applied for has been issued. (Case No. 3156.)

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