of New York, from grade to an undercrossing; and on the petition of the Long Island Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of the Division street grade crossing of its railroad in Jamaica, borough of Queens, city of New York, and the diversion of the travel to the proposed Rockaway road undercrossing; the hearings on these two petitions were held as one hearing. J. F. Keany for the petitioner; John O'Donnell for himself; Albert D. Haff for Charles Trautman, John Distler, William Goeller, John Leonardi and Mr. Stutz, property owners on both sides of Fifth street; George W. Bartholf for John Fitzgerald; William Cogswell for himself; Michael Perry for the Kingsbury Firm, Wells & Zerwich, Fred Young and Cyrus W. Jordan; John S. Zeller for the South Side Citizens' Improvement Association; William F. Byrne for Nelson Morris & Company; John and Thomas Adikes, property owners; Michael J. Carter for the Jamaica Citizens' Association; H. P. Engelhart for the Allied Civic Associations of the Fourth Ward, borough of Queens. After hearing evidence and arguments the hearings were not closed, the company asking leave to withdraw these petitions, but persons appearing objected. It is likely that the company will file with the Board a new petition providing for an undercrossing of its railroad at Church street and if so the matter of closing these two petitions will be considered by the Board. (Grade Crossing Cases Nos. 391 and 392.) Reports. Report of the inspector, dated November 8, 1905, of his inspection of the portion of the Middletown, Unionville and Water Gap railroad in this State. Ordered copy sent company with a letter of recommendation as shown by office original letter on file. (No. 45-1905.) The Board adjourned. NEW YORK, NOVEMBER 22, 1905. The Board met pursuant to adjournment. Present, Commissioners Dunn, Baker and Dickey. Hearings. Adjourned hearing in the matter of the petition of the mayor and common council of the city of Yonkers and the New York Central and Hudson River Railroad Company, joined, under section 62 of the Railroad Law, as to the closing and discontinuance of the Pier street, Fernbrook street, Dock street, Wells avenue and Ashburton avenue grade crossings of said company's railroad in Yonkers, the changing of the present overgrade crossing of said company's railroad by Main street to an undercrossing, the raising of the present Vark street and Babcock place overcrossings of said railroad, it being proposed that the travel from the Pier street and Fernbrook street crossings shall be diverted by the construction of a new piece of highway on the westerly side of said railroad and by the existing Bridge street on the easterly side of said railroad to an overhead crossing of said railroad proposed to be constructed at a point about 105 feet south of the present Fernbrook street grade crossing of said railroad, it being also proposed that an undercrossing of said railroad shall be constructed at the present Wells avenue grade crossing of said railroad, it being also proposed that an undercrossing of said railroad shall be constructed at the present Ashburton avenue grade crossing of said railroad. Ira A. Place and C. C. Paulding for the New York Central and Hudson River Railroad Company; Ludlow & Townsend (Mr. Ludlow appearing) for James B. Ludlow as one of the executors and trustees of the last will and testament of Thomas W. Ludlow, Jr., deceased, and especially for the purpose of objecting to the jurisdiction for Jacob F. Miller, the other surving executor and trustee of the same will and testament, also for executors and trustees of the last will and testament of Henry M. Schieffelin, deceased, also for the 'ure Oil Company at the request of Mr. Murphy; Augustus N. Hand for Annie Ludlow Winters and as counsel for Mr. Townsend. After hearing evidence and arguments the hearing was ad journed until Tuesday, December 12, 1905, 2 p. m., at the office of the Board in Albany. (Grade Crossing Case No. 533.) Applications. Application of the New York Central and Hudson River Railroad Company for approval of the issue of $17,192,500 capital stock of a total increase of $35,000,000 capital stock referred to in an order of this Board, dated April 16, 1902. Ordered hearing set for Tuesday November 28, 1905, 12:30 p. m., at the Rathbun House, Elmira. (Case No. 2665.) Reports. In the matter of the recommendations of this Board as to the physical condition of the Schoharie Valley railway a report, dated November 8, 1905, from the superintendent of the grade crossing bureau, and a letter, dated November 17, 1905, to the company were submitted to the Board. Ordered filed. (No. 3-1905.) In the matter of the recommendations of this Board as to the physical condition of the Buffalo, Attica and Arcade railroad a letter, dated November 16, 1905, was received from the company as to compliance with the recommendations. Ordered filed. (No. 15-1905.) The Board adjourned. ELMIRA, NOVEMBER 28, 1905. The Board met pursuant to adjournment. Present, Commissioners Dunn, Baker and Dickey. Hearings. Application of the New York Central and Hudson River Railroad Company for approval of the issue of seventeen million one hundred and ninety-two thousand five hundred dollars ($17,192,500) capital stock of a total increase of thirty-five million dollars ($35,000,000) capital stock referred to in an order of this Board, dated April 16, 1902. Ira A. Place for the applicant. After hearing evidence and arguments the hearing was closed. This hearing was set for 12:30 p. m., but was taken up at 10 a. m. (Case No. 2665.) Adjourned hearing in the matter of the application of the Elmira, Corning and Waverly railway for a certificate, under section 59 of the Railroad Law. Charles A. Collins, Thomas O'Connor, A. C. Wade and F. E. Hawkes for the applicant; A. C. Wade for the Waverly Sayre and Athens Traction Company in favor of the application; Boyd McDowell and Theodore R. Tuthill for the Chemung Valley Traction Company in opposition; Baldwin, Turnbull & Allison (Mr. Baldwin appearing) for Hans Peterson and other property owners in opposition; Seymour Lowman for the village of Wellsburg, town of Chemung, town of Ashland and town of Southport in opposition; Edgar Sebring for the highway commissioner of the town of Barton in opposition; H. S. Thayer for himself and others in opposition; Ross M. Lovell for the Erie Railroad Company and the Delaware, Lackawanna and Western Railroad Company; Diven & Diven for the Northern Central Railway Company. After hearing evidence and arguments the Board took a recess in this matter until 2 p. m. (Case No. 3412.) Application of the Tunesassa and Bradford Railroad Company, under section 60 of the Railroad Law, for a determination of the manner in which its railroad (proposed to be constructed) shall cross highways in the towns of Red House and Elko, Cattaraugus county. Cary, Rumsey & Hastings (Mr. Hastings appearing) for the applicant; no one else appeared. After hearing evidence and arguments the hearing was closed. The evidence in this matter was closed at the hearing on November 10, 1905, but at the request of the applicant this hearing was held to-day. (Grade Crossing Case No. 566.) Orders. Application of the Tunesassa and Bradford Railroad Company, under section 60 of the Railroad Law, for a determination of the manner in which its railroad (proposed to be constructed) shall cross highways in the towns of Red House and Elko, Cattaraugus county. Determination that the crossings shall be made at grade as shown by office original determination on file. (Grade Crossing Case No. 566.) The Board took a recess until 2 p. m. AFTER RECESS-2 P. M. The Board again met. Present, Commissioners Dunn, Baker and Dickey. Hearings. The hearing in the application of the Elmira, Corning and Waverly Railway for a certificate, under section 59 of the Railroad Law, was resumed. Appearances as in the morning. After hearing evidence and arguments further the hearing was adjourned until Wednesday, November 29, 1905, 10 a. m., at the Rathbun House, Elmira, (Case No. 3412.) The Board adjourned. ELMIRA, NOVEMBER 29, 1905. The Board met pursuant to adjournment. Present, Commissioners Dunn, Baker and Dickey. Hearings. The hearing on the application of the Elmira, Corning and Waverly Railway for a certificate, under section 59 of the Railroad Law, was resumed. Appearances as yesterday. After hearing evidence and arguments a recess was taken until 1:30 p. m. (Case No. 3412.) Orders. Application of the New York Central and Hudson River Railroad Company for approval of the issue of seventeen million one hundred and ninety-two thousand five hundred dollars ($17,192.500) capital stock of a total increase of thirty-five million dollars ($35,000,000) capital stock referred to in an order of this Board, dated April 16, 1902. Granted. (Case No. 2665.) The Board took a recess until 1:30 p. m. AFTER RECESS-1:30 P. M. The Board again met. Present, Commissioners Dunn, Baker and Dickey. Hearings. The hearing on the application of the Elmira, Corning and Waverly Railway for a certificate, under section 59 of the Railroad Law, was resumed. Appearance as in the morning. After hearing evidence and arguments it was determined that the applicant should, in executive session at the office of the Board in Albany on Wednesday, December 13, 1905, present evidence on the bona fides of the application and of the ability of the company to construct the railroad. At this hearing the applicant closed its case, except in rebuttal, and the Chemung Valley Traction Company put in evidence in opposition and closed its evidence in opposition, and Seymour Lowman for the village of Wellsburg, town of Chemung, town of Ashland and town of Southport, and Edgar Sebring for the highway commissioner of the town of Barton, put in evidence in opposition and closed their evidence in opposition. Representatives of the Erie and the Delaware, Lackawanna and Western Railroad Companies are to inform the applicant, and other attorneys appearing and this Board, by December 5, whether or not said companies desire to put in evidence. If they do they will appear before the Board in Albany, on December 13 to ask that a hearing for said purpose be held at the New York office of this Board, room 406, Whitehall Building, 17 Battery place, New York city, on Tuesday, December 19, 1905, of which notice will be given. (Case No. 3412.) The Board adjourned. CASES PENDING BEFORE THE BOARD OF RAILROAD COMMISSIONERS, JANUARY 30, 1906. COMPLAINTS. President and Trustees of the Village of Falconer v. Lake Shore and Michigan Southern Railway Company and Erie Railroad Company. (Case No. 2896.) Residents of Sherman Park v. New York Central and Hudson River Railroad Company. (Case No. 3393.) Residents of Nunda, Canaseraga and vicinity v. Pennsylvania Railroad Company. (Case No. 3143.) Chenango Valley Dairy Company v. Delaware, Lackawanna and Western Railroad Company. (Case No. 3143.) Christopher Clarke v. New York and Queens County Railway Company. (Case No. 3222.) William M. McMahon and J. Wadsworth Norton v. The Brooklyn Heights Railroad Company. (Case No. 3338.) Woodlawn Taxpayers' Association v. Union Railway Company. (Case No. 3434.) Caleb Bentley v. Rutland Railroad Company. (Case No. 3436.) Report of Inspector of Board relative to condition of the Staten Island Rapid Transit company. (Case No. 3443.) William P. Gregg et al. v. New York, Ontario and Western Railway Company. (Case No. 3455.) W. B. Van Alstyne v. Albany and Hudson Railroad Company. (Case No. 3462.) George J. Beyer v. The Brooklyn Heights Railroad Company. No. 3466.) Grace H. Rover v. The Brooklyn Heights Railroad Company. 3470.) (Case (Case No. Michael Thornton v. Rutland Railroad Company, (Case No. 3472.) Citizens Improvement League of Kensington Parkville and vicinity V. The Brooklyn Heights Railroad Company. (Case No. 3476.) Crossings of Steam Railroads. Westchester Electric Railroad Company. (Case No. 2575.) Report relative to grade crossings of electric tracks of the Fonda, Johnstown and Gloversville railroad by steam railroad tracks. (Case No. 3215.) Corning and Painted Post street railway. (Case No. 3316.) Report relative to bridge erected by the Hudson Valley Railroad Company over tracks of The Delaware and Hudson Company at Broadway, Fort Edward. (Case No. 3321.) Keeseville, Ausable Chasm and Lake Champlain Railroad Company. (Case No. 3315.) Wallkill Transit Company. (Case No. 3340.) New York City Inter-Borough Railway Company. (Case No. 3399.) (Case No. 3406.) The Long Island Railroad Company (town of Islip). (Grade Crossing Case No. 155.) |