XII.

IN THE MATTER OF THE APPLICATION OF THE ERIE AND JERSEY RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

Determination. June 28, 1905.

Ordered, That said application be and the same is hereby granted, and the Board of Railroad Commissioners hereby certifies, under section 59 of the Railroad Law, that the conditions of said section have been complied with by the applicant, Erie and Jersey Railroad Company, and that public convenience and a necessity require the construction of the railroad of the applicant, Erie and Jersey Railroad Company, as proposed in its articles of association. (Case No. 3359.)

XIII.

IN THE MATTER OF THE APPLICATION OF THE BUFFALO, NIAGARA FALLS AND ROCHESTER RAILWAY COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

Determination. July 15, 1901.

The Board of Railroad Commissioners hereby certifies, under the provisions of section 59 of the Railroad Law, that the directors of the Buffalo, Niagara Falls and Rochester 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 publication; and the Board of Railroad Commissioners hereby certifies that public convenience and necessity require the construction of the railroad of the Buffalo, Niagara Falls and Rochester Railway Company as proposed, in the articles of association of said company.

Appearances:

MEMORANDUM.

James M. E. O'Grady, T. D. Wilkin, Frederick St. John and Patrick King, for the applicant.

A. H. Harris, for the New York Central and Hudson River Railroad Company, in opposition; H. L. Sprague and H. A. Taylor, for the Erie Railroad Company, in opposition; Morris Cohn, Jr., for the Buffalo and Lockport railway and the Buffalo and Niagara Falls Electric railway, in opposition; Walter P. Cooke, for the Lehigh Valley Railroad Company.

This application was filed with this Board on September 28, 1900. It asks the Board for a certificate, under section 59 of the Railroad Law, that the conditions of that section have been complied with by the applicant and that public convenience and a necessity require the construction of the railroad of the applicant. Hearings in the matter were given in the city of Rochester on January 25, 26, February 14, 15, March 29, 30 and April 15, and in the city of Albany on March 13, and May 8, 1901. Many witnesses, farmers, produce dealers and residents along the applicant's line were called by the applicant and testified in its favor, and other witnesses were called in opposition. No petition under section 59 has ever been more exhaustively tried out, in point of elaborateness of testimony and minuteness of detail, than was the case in the hearing and examination of this proceeding; besides which a careful examination and report of the route were made by one of the Board's official inspectors, and the commissioners also personally examined nearly sixty miles of the main line, by driving over it-to wit, from Rochester, via the Ridge road, the Checkered Tavern road, Sampson's road, the Settlement road and other shorter highways, into the city of Lockport. In favor of the petition and the project

the Board finds that the route selected for the projected railway is probably the best in the State of any corresponding mileage. The Ridge road is very closely settled on the easterly twenty-five miles of its length and fairly well settled on its westerly portion. It is bordered by a highly productive farming country for its entire length and is marked by hamlets at intervals of two or three miles. The route of the proposed railroad is wholly in the highway, on its south side, for the entire length of the Ridge road. This, in the judgment of the Board, is ordinarily an objectionable way of using and occupying the public roads. The Board is of the opinion that the best and safest and most business-like construction of electric roads, is that plan which puts them on private right of way, parallel and contiguous to main highways. In behalf of this project it is to be said that the Ridge road is of a general width of 99% feet; that the traveled or beaten road or path, occupies on the average only about 30 feet of the general width, and that there is ample room for an electric railway along the south side of the Ridge road. The people living upon and adjacent to the Ridge road and in the contiguous villages, lying within a belt of two miles, north and south of the great highway, are absolutely unanimous in the desire for this electric road and in the opinion that it will greatly serve their convenience and meet their urgent needs for cheap and frequent transportation service for both persons and products. The Board is convinced that this desire and belief of the people are well founded. While there are many stations upon the Niagara Falls branch of the New York Central and Hudson River railroad, they are several miles distant from points on the Ridge road directly opposite them, and, of course, longer distances from dwellings on the Ridge road, not situated directly opposite the stations. A person dwelling upon the Ridge road and desiring to go to a railroad station. on the Niagara Falls branch, drives from his home to the intersecting road nearest his objective point and then proceeds south, crossing the Erie canal on the way to the station. The same condition of affairs similarly affects people desiring to reach the Rome, Watertown and Ogdensburg railroad, except that no canal intervenes. The population which would be accommodated by an electric railroad upon the Ridge road approximates many thousands. It is easily conceivable, from the facts in this case and from the known experience of other electric railroads in this and other states built through what may be called farming communities, that such a road in this community would be of so much convenience as to amount to a necessity under existing conditions of life. The domestic and business needs of the community (which may be supplied at the city of Rochester on the easterly end of the line, and at Lockport and Buffalo, on the other), as well as its need for markets for its own products, would, through the construction of an electric railroad as proposed, be supplied and the convenience of the residents furthered in a manner which is not, and in the nature of things cannot be, provided by the existing steam railroads. The means of individual communication from one portion of the Ridge road to another which would be furnished by an electric railroad, also influences the Board in its opinion. It may be said, too, while it is unlikely, were such a railroad constructed, that many persons from outside the purely local community living along the Ridge road, would ride from Rochester to Lockport or from Lockport to Rochester on the proposed railroad, it is likely that many persons living in Rochester and Lockport, and perhaps in other places, would find their necessities for reaching points on the Ridge road and the convenience of such access, largely furthered through the existence of the proposed railroad. The work of constructing such a line is simple and nowhere presents any difficult or costly engineering problems. There will be no grade crossings of steam railways, though it is true that there will be the ordinary modern danger at the intersections of highways. But electric railways are one of the newly developed necssities of modern life: they have come to stay; they make crossings at every intersecting street in our cities and villages; they kill and maim people, but no one would hold that to be a sufficient reason for excluding them from cities. The rural populations will become accustomed to them and will cultivate and acquire

reasonable caution. Horses have become generally familiar with the electric railway car, just as they have with the bicycle and as they must and will soon learn not to fear the mechanical or automobile wagon. The consideration of the mass of testimony offered in this case, its technical, contradictory and intricate character; the importance of the project as embracing the longest electric railway line in the State and, therefore, the financial ability of the projectors and their associates to build and equip the line have required and received patient examination at the hands of the Board. Some question was raised on the latter subject by the opponents of the scheme, but the Board is reasonably assured of the financial ability of the projectors, and, apart from that, believes that the project is itself so substantial that those who control it will be easily able to command the requisite funds.

The Board, for these reasons, grants the petition. (Case No. 2341.)

This certificate was granted and memorandum written in 1901, but were not issued until August 14, 1905, because the organization tax of the company was not paid until that time. Writ of certiorari in this matter, on the relation of the New York Central and Hudson River Railroad Company has been served on this Board, but at the time of writing this report the return has not been made.

XIV.

IN THE MATTER OF THE APPLICATION OF THE DELAWARE AND EASTERN RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

Determination. July 28, 1905.

On reading and filing the application of the Delaware and Eastern Railroad Company for a certificate under section 59 of the Railroad Law, verified February 18, 1905, the articles of association of said company and due proof of the publication thereof; and after public hearings on said application in the city of New York on March 15, April 7 and June 21, in the city of Albany on March 23 and July 6, and in the city of Kingston on June 7, 1905, Walter E. Cooke and H. D. Hinman appearing for the applicant; H. J. Williams appearing for property owners in favor of the application, C. E. Hulbert, a property owner, appearing in favor of the application, E. A. Holmes appearing in favor of the application, J. Turnboldt appearing in favor of the application, C. A. Sanford appearing in favor of the application, Monroe Williams appearing in favor of the application; John B. Kerr appearing from the New York, Ontario and Western Railway Company in opposition to the application, Amos Van Etten appearing for the Ulster and Delaware Railroad Company in opposition to 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 Railroad Law, that the conditions of said section have been complied with by the applicant company, the Delaware and Eastern Railroad Company, and that public convenience and a necessity require the construction of said applicant company's railroad as proposed in its said articles of association. (Case No. 3302.)

XV.

IN THE MATTER OF THE APPLICATION OF THE ELMIRA AND WAVERLY RAILWAY COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

August 24, 1905.

This application was filed with this Board on August 10, 1905, and was dismissed on August 24, the articles of association being defective. See Nos. III, VI in this volume under this title. (Case No. 3372.)

XVI.

IN THE MATTER OF THE APPLICATION OF THE GLEN COVE RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

Determination. August 29, 1905.

On reading and filing the application of The Glen Cove Railroad Company for a certificate under section 59 of the Railroad Law, dated June 29, 1905, by Edward Roche, president of said company, the articles of association of said company and due proof of the publication thereof, a map of the proposed amended route of said railroad; and after a public hearing on said application in the city of New York on August 29, 1905, J. F. Keany appearing for the applicant; Edward M. Underhill, highway commissioner, and James H. Cox, justice of the peace, of the town of Oyster Bay, Nassau county, and D. M. Munger a property owner and Joseph Rell appearing in favor of said application; and after hearing evidence and arguments, and after reading and filing a statement of extension of route of the Glen Cove Railroad Company and after reading and filing a statement of certificate of change of route of the Glen Cove Railroad Company, it is

Ordered, That said application be and the same is hereby granted and the Board of Railroad Commissioners hereby certifies in accordance with the provisions of section 59 of the Railroad Law that the conditions of said section have been complied with by said applicant company, the Glen Cove Railroad Company, and that public convenience and a necessity require the construction of said applicant company's railroad as proposed in its said articles of association and as changed and shown by a map survey and profile of an amended route on file in this office marked Applicant's Ex. No. 1, August 29, 1905. Case No. 3378. J. J. F." (Case No. 3378.)

XVII.

IN THE MATTER OF THE APPLICATION (SECOND APPLICATION) OF THE COOPERSTOWN AND MOHAWK VALLEY RAILWAY COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

October 10, 1905.

This application (second application) was filed with this Board on August 17, 1905. On August 21, 1901, this Board issued to this company a certificate under section 59 of the Railroad Law. It appeared, in 1905, that the articles of association had not been filed in the office of the clerk of the county of Otsego (in which county the entire route of the company is located) and the company made application for a new certificate. After hearings on said second application (at which opposition developed), the applicant on October 10 asked leave to withdraw this application without prejudice to the making of another application, which leave was granted by this Board. At the time of writing this report the other application has not been made.

See page 188, first volume, 1901 report of this Board. (Case No. 2500.)

XVIII.

IN THE MATTER OF THE APPLICATION OF THE TUNESASSA AND BRADFORD RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

Determination. October 31, 1905.

On reading and filing the application of the Tunesassa and Bradford Railroad Company for a certificate under section 59 of the Railroad Law, dated September 28, 1905, by D. H. Miller, president of said company, the articles of association of said company and due proof of the publication thereof, a map of the proposed route of said railroad; and after a public hearing on said application in the city of Eimira on October 24, 1905, Cary, Rumsey and Hastings appearing for the applicant and no one else appearing; 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 Railroad Law, that the conditions of said section have been complied with by the applicant company, the Tunesassa and Bradford Railroad Company, and that public convenience and a necessity require the construction of said applicant company's railroad as proposed in its said articles of association. (Case No. 3425.)

XIX.

IN THE MATTER OF THE APPLICATION OF THE INTERVALE TRACTION COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

December 8, 1905.

The certificate was issued.

The appellate division, third department, reversed the action of the Board. The court's opinion is printed in this volume under the next title. See page 185, first volume, 1904 report of this Board. There has been no appeal to the court of appeals. (Case No. 2939.)

XX.

IN THE MATTER OF THE APPLICATION OF THE BINGHAMTON AND SOUTHERN RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

December 8, 1905.

The certificate was issued. The appellate division, third department, upheld the certificate. The court's opinion is printed in this volume under the next title. See page 186, first volume, 1904 report of this Board. There has been no appeal to the court of appeals. (Case No. 3028.)

XXI.

IN THE MATTER OF THE APPLICATION OF THE BUFFALO FRONTIER TERMINAL RAILROAD COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

December 8, 1905.

August 10, 1904, this Board refused this company the certificate applied for. After the lapse of a year's time the company made, in accordance with