In the matter of the determination of this Board, under section 62 of the Railroad Law, dated July 19, 1904, as to the construction of an undercrossing for pedestrians at the Main street, Herkimer, grade crossing of the New York Central and Hudson River Railroad, and modified determination, dated September 29, 1904, plan and an estimate of expense for the work were submitted to the Board by the company, together with a report thereon dated December 13, 1904, from the superintendent of the grade crossing bureau. Ordered, said plan and estimate, the estimate being $9,500, approved. Also ordered, approved the construction of canopies over the openings of the subway, at additional estimated cost of $190. See minutes of November 30, 1904. (Grade Crossing Case No. 498.)

In the matter of the recommendation of this Board to the Union Railway Company as to its employing a watchman to protect its passengers crossing at grade the New York and Harlem Railroad (leased to and operated by the New York Central and Hudson River Railroad Company) at Mount Vernon avenue in the city of Mount Vernon, a letter, dated December 9, 1904, was received from the company. Ordered, that the electrical expert make a report in this matter. (Grade Crossing Case No. 282.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated September 11, 1901, as to changing the Main street grade crossing of the Albany and Susquehanna Railroad (leased to and operated by The Delaware and Hudson Company) in the village of Oneonta to an overcressing, an accounting and settlement of the cost between the company and the village were submitted to the Board, together with a report thereon, dated December 13, 1904, by the superintendent of the grade crossing bureau. Ordered, that the State's proportion of the cost, viz., $29,687.10, be paid to The Delaware and Hudson Company. (Grade Crossing Case No. 317.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated June 14, 1904, as to the closing and discontinuance of the Ionia and East Bloomfield road highway grade crossing of the Auburn branch of the New York Central and Hudson River Railroad in the town of West Bloomfield, Ontario county, and the construction of a new piece of highway and an undercrossing of said railroad, proposals of contractors for the superstructure were submitted to the Board by the company, together with a report thereon, dated December 15, 1904, by the superintendent of the grade crossing bureau. Ordered, approved the proposal of the Pennsylvania Steel Company at its unit price of 2.75 cents per pound, estimated to amount to $550. (Grade Crossing Case No. 396.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated August 25, 1904, as to changing the Chautauqua road or Valley street (or Lake road), in the village of Mayville, Chautauqua county, grade crossing of the Western New York and Pennsylvania Railway (leased to and operated by the Pennsylvania Railroad Company) to an overcrossing, a further report, dated December 16, 1904, was received from the superintendent of the grade crossing bureau. Ordered, copy of said report sent to Pennsylvania Railroad Company. (Grade Crossing Case No. 491.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated April 15, 1902, as to changing a grade crossing of the West Shore Railroad (leased to and operated by the New York Central and Hudson River Railroad Company), the New York Central and Hudson River Railroad and the Oswego and Syracuse Railroad (leased to and operated by the Delaware, Lackawanna and Western Railroad) in the town of Geddes, Onondaga county, to an overcrossing,-a special plan and estimate (the estimate being $1,500) for the north abutment at this overcrossing were submitted to the Board by the company, together with a report thereon, dated December 15, 1904, from the superintendent of the grade crossing bureau. Ordered, said special plan and estimate approved. In this matter there was also submitted to the Board an estimate by the company of $500 for corrugated iron shields upon and above the railing on each side of the bridge, together with a report thereon, dated December 15, 1904, from the superintendent of the grade crossing bureau. Ordered, letter written the company on this subject. (Grade Crossing Case No. 174.)

Orders.

Application of the Boston and Albany Railroad Company (leased to and operated by the New York Central and Hudson River Railroad Company) for a modification of the determination of this Board, under section 62 of the Railroad Law, dated July 19, 1904, as to the Cady's grade crossings of the railroad of said company in the town of Chatham, Columbia county. Ordered, said determination of July 19, 1904, modified as shown by office original modified determination on file. (Grade Crossing Case No. 494.)

Application of the Glenfield and Western Railroad Company, under section 55 of the Railroad Law, for permission to cease the operation of its railroad from January 1, 1905, to May 1, 1905. Granted. (Case No. 3262.)

Application of the town of Fine, St. Lawrence county, under section 61 of the Railroad Law, as to a highway in said town crossing the Carthage and Adirondack Railroad (leased to and operated by the New York Central and Hudson River Railroad Company) at or near Coffins mills, above, below or at the grade of said railroad. Determination as shown by office original determination on file that said highway shall cross the railroad at grade. (Grade Crossing Case No. 508.)

The Board adjourned.

NEW YORK, DECEMBER 27, 1904.

The Board met pursuant to adjournment. Present, Commissioners Dunn, Baker and Dickey. The minutes of the meeting of December 21 were read and approved.

Complaints.

Louis C. Lindeman against The Brooklyn Heights Railroad Company as to the running of open cars, operation of cars to Fort Hamilton and lack of shelter station at Fifth avenue and 68th street, Brooklyn. Report of the electrical expert, dated December 15, 1904. Ordered, copy sent company with letter of recommendation as shown by office original letter on file. (Case No. 3270.)

Applications.

In the matter of the application of the New York Central and Hudson River Railroad Company, under section 33 of the Railway Law, as to highway grade crossing sign boards, in which the Board has made a determination, dated May 10, 1904, and a supplemental determination, dated November 2, 1904, a letter was received from the company stating that the work of placing sign boards at 27 street crossings of the West Shore Railroad, lessor, in Utica, has been completed. Ordered filed. (Case No. 3107.)

Reports.

In the matter of the complaint of Theodore E. Busfield against the New York Central and Hudson River Railroad Company (West Shore Railroad, lessor) and the Boston and Maine Railroad (Fitchburg Railroad, lessor), as to station at Rotterdam Junction, a report, dated December 21, 1904, was received from the superintendent of the grade crossing bureau. Ordered filed. (Case No. 3111.)

Report of the inspector, dated December 19, 1904, as to a collision on The Delaware and Hudson Company's railroad near Worcester on December 1, 1904. Ordered, copy sent company. (Steam Case No. 58-1904.)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of the West End Board of Trade of Brooklyn against The Brooklyn Heights Railroad Company as to operation of trains on the elevated lines of the company in the Thiad avenue section, the Eighty-sixth street and Bath avenue line and the Eighty-sixth street and rifth avenue line. Ordered filed, (Case No. 3253,)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of Allied Board of Trade and Tax Payers' Association of Brooklyn, New York city, against The Brooklyn Heights Railroad Company and the Brooklyn, Queens County and Suburban Railroad Company as to service rendered the public on the Broadway and other surface lines and on the Broadway and other elevated lines. Ordered filed. (Case No. 3256.)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of the Twenty-eighth Ward Board of Trade, Brooklyn, New York city, against The Brooklyn Heights Railroad Company, in relation to operation of cars and trains on the Broadway surface lines and the Lexington avenue elevated line. Ordered filed. (Case No. 3254.)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of Winant V. P. Bradley against The Brooklyn Heights Railroad Company as to operation of passenger cars on its Reid avenue line. Ordered filed. (Case No. 3243.)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of Christopher Clarke against the New York and Queens County Railway Company as to service rendered the public between Flushing and Jamaica. Ordered copy sent company with letter of recommendation as shown by office original letter on file. (Case No. 3222.)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of A. F. Wise against The Brooklyn Heights Railroad Company, Fifth avenue elevated line, as to compliance by the company with the recommendations of the Board. Ordered filed. (Case No. 3170.)

Report of the electrical expert, dated December 15, 1904, in the matter of the complaint of the West End Board of Trade of Brooklyn against The Brooklyn Heights Railroad Company as to service rendered the public on its Fifth avenue elevated line. Ordered filed. (Case No. 3244.)

Report of the electrical expert, dated December 15, 1904, as to recommendations of this Board contained in a report, dated February 3, 1904, as to operating conditions on The Brooklyn Heights Railroad. Ordered filed. (Case Ne. 2796.)

Report of the electrical expert, dated December 21, 1904, as to compliance by the Interborough Rapid Transit Company with recommendations of this Board as to the Manhattan Railway. Ordered filed. (Case No. 3216.)

Report of the electrical expert, dated December 21, 1904, as to compliance by the Long Island Electric Railway Company with recommendations of this Board as to protection at grade crossings of its railroad and the Long Island Railroad. Ordered filed. (Case No. 3202.)

Report of the electrical expert, dated December 15, 1904, in the complaint of E. Robertson against The Brooklyn Heights Railroad Company as to protection at grade crossing at Thirty-ninth street and New Utrecht avenue, Brooklyn. Ordered filed. (Case No. 3169.)

Report of the electrical expert, dated December 21, 1904, in the matter of recommendations of this Board as to protection at grade crossings of the New York and Queens County Railway and the Long Island Railroad. Ordered filed. (Case No. 3199.)

Report of the electrical expert, dated December 21, 1904, to the effect that the Tarrytown, White Plains and Mamaroneck Railway (electric) has not complied with the direction of the Board, under section 36 of the Railroad Law, as to derailing switches in its railway interlocked with home and distant signals on the steam railroad at the point in Railroad avenue, White Plains, where its railway crosses the New York and Harlem Railroad (steam-leased to and operated by the New York Central and Hudson River Railroad Company on its Sixth avenue line. Ordered filed. (Case No. 3151.)

No. 2229.)

Report of the electrical expert, dated December 21, 1904, as to compliance by the former Ossining Electric Railway (now Westchester Traction Company) with recommendations of this Board as to its physical condition, Ordered letter of recommendation written the Westchester Traction Company, as shown by office original letter on file. (Case No. 2227.)

Report of the electrical expert, dated December 15, 1904, in relation to protection at grade crossings of The Brooklyn Heights Railroad and the Long

Island Railroad. See letter of recommendation of the Board of August 8, 1904. Ordered letter written the company, as shown by copy on file. (Miscellaneous Brooklyn City and Brooklyn Heights Crossing Case.)

Report of the electrical expert, dated December 21, 1904, as to letter from L. G. Callanan as to the running of cars by the New York City Railway Company on its Sixth avenue line. Ordered filed. (Case No. 3151.)

Report of the electrical expert, dated December 21, 1904, as to the installation of an additional power unit by the Long Island Electric Railway Company and as to new cars ordered by said company. Ordered filed. (Case No. 3202.)

Report of the electrical expert, dated December 21, 1904, in the matter of operating rules adopted by the Rochester and Eastern Rapid Railway Company, in compliance with recommendations of this Board. Ordered filed. (Street Case No. 36-1904.)

Report of the electrical expert, dated December 15, 1904, as to recommendations of this Board as to the placing of gates at a crossing of Kings highway and the Prospect Park and Coney Island Railroad (operated by The Brooklyn Heights Railroad Company). Ordered filed. (Steam Case No. 45-1904.)

Report of the electrical expert, dated December 21, 1904, as to an accident on the International Railway February 8, 1904, at the corner of Main and Jefferson streets, Buffalo. Ordered copy sent company. (Street Case No, 7— 1904.)

Report of the electrical expert, dated December 21, 1904, as to collision between cars on the New York City Railway, March 29, 1904. Ordered copy sent company. (Street Case No. 10-1904.)

Report of the electrical expert, dated December 21, 1904, as to collision between cars on The Brooklyn Heights Railroad, November 22, 1904, on Liberty avenue near Rockaway avenue. Ordered copy sent company. (Street Case No. 49-1904.)

Report of the electrical expert, dated December 21, 1904, as to a head-on collision between cars on the New York and Queens County Railway, October 25, 1904, near the corner of Sanford and Jamaica avenues, Flushing. Ordered copy sent company. (Street Case No. 44-1904.)

Report of the electrical expert, dated December 21, 1904, as to a rear-end collision between cars on the Third Avenue Railroad, at Ninety-ninth street, New York city, March 11, 1904. Ordered copy sent company. (Street Case

No. 9-1904.)

Report of the electrical expert, dated December 21, 1904, as to derailment of a car on the Union Railway, December 12, 1904, on Burnside avenue, New York city. Ordered copy sent company with a letter of recommendation, as shown by office original letter on file. (Street Case No. 50-1904.)

Report of the electrical expert, dated December 21, 1904, as to rear-end collision between cars on the Long Island Electric Railway, October 26, 1904, Ordered copy sent company. (Street Case No. 45-1904.)

Report of the electrical expert, dated December 21, 1904, as to a rear-end collision between trains on the Fifth avenue elevated line of The Brooklyn Heights Railroad, November 16, 1904. Ordered copy sent company. (Street Case No. 461⁄2-1904.)

Report of the electrical expert, dated December 21, 1904, as to a rear-end collision November 18, 1904, on the elevated line of The Brooklyn Heights Railroad Company near the Crescent street station. Ordered copy sent company. (Street Case No. 47-1904.)

Crossings.

Reports from the superintendent of the grade crossing bureau, dated December 15, 1904, in Grade Crossing Cases Nos. 416, 390, 369, 470. 396, 348 and 285 were submitted to the Board. See minutes of November 30, 1904.

Orders.

In the matter of the recommendations of this Board as to the installation of derailing switches in the electric railway at points where the steam and elec

trie divisions of the Fonda, Johnstown and Gloversville Railroad cross at grade, the application of the company that the Board withdraw its recommendations as to these derails was ordered refused. (Case No. 3215.)

The Board met pursuant to adjournment. Present, Commissioners Dunn and Baker.

Complaints.

An opinion, dated December 31, 1904, was received from the AttorneyGeneral in response to a request from this Board as to the jurisdiction of the Board over the railroad subway in New York city, operated by the Interborough Rapid Transit Company. Ordered filed. (Case No. 3263.)

H. D. Dumont, B. E. Martin and others against the Brooklyn Heights Railroad Company as to service rendered the public on what is known as the Fulton Street, Kings County, Elevated line, Brooklyn. This case was closed on the minutes of November 30, 1904, and is now reopened. Letter, dated December 14, 1904, received from Mr. Dumont, reiterating the complaint. The electrical expert is to make a report in this matter. (Case No. 3232.)

Allied Civic Associations of the Fourth Ward, Borough of Queens, New York city, against The Brooklyn Heights Railroad Company as to alleged inadequate transit facilities furnished the public by said company on Jamaica avenue, borough of Queens. Copy sent company. The electrical expert has been ordered to make a report in this matter. A letter dated December 31, 1904, was received from the West End Citizens' League making a similar complaint. Ordered filed. (Case No. 3271.)

W. C. Coleman Company of Setauket against the Long Island Railroad Company as to receipting for freight before delivery. Copy sent company. (Case No. 3272.)

In the matter of the complaint of L. J. Dolan as to bridge spanning the Hudson river in the town of Moreau, over which cars of the Hudson Valley Kailway operate, a report, dated December 16, 1904, was received from the superintendent of the grade crossing bureau as to the condition of the bridge. Closed. (Case No. 3034.)

West End Board of Trade of Brooklyn, New York city, against the Brooklyn Heights Railroad Company, as to operation of trains on the elevated lines of the company in the Third avenue section, the Eighty-sixth street and Bath avenue line and the Eighty-sixth street and Fifth avenue line. Answer of company received. Copy sent complainants. Closed. (Case No. 3253.)

Allied Board of Trade and Tax Payers' Association of Brooklyn, New York city, against The Brooklyn Heights Railroad Company and the Brooklyn, Queens County and Suburban Railroad Company as to service rendered the public on the Broadway and other surface lines and on the Broadway and other elevated lines. Answer of company received. Copy sent complainants. Letter dated December 13, 1904, received from complainants. Closed. (Case No. 3256.)

Twenty-eighth Ward Board of Trade of Brooklyn, New York city, against The Brooklyn Heights Railroad Company in relation to operation of cars and trains on the Broadway surface line and the Lexington avenue elevated line. Answer of company received. Copy sent complainants. Closed. (Case No. 3254.)