lage of Freeville and the settlement known as Willow Glen, above, below or at the grade of said steam railroad, it being proposed that the crossing be above grade. George E. Monroe for the applicant; Diven & Diven and J. F. Schaperkotter for the Lehigh Valley Railroad Company, in opposition. Without the hearing of arguments or taking of evidence this application was withdrawn for the same reasons as the preceding application. (Case No. 3128.)

Application of the Ithaca-Cortland Traction Company, under section 68 of the Railroad Law, for a determination as to whether its railroad (single track street surface electric) shall cross the Auburn branch of the Lehigh Valley Railroad (steam) at or near the intersection of West Main street and Rochester street in the village of Dryden above, below or at the grade of said steam railroad, the applicant asking that the crossing be made at grade. George E. Monroe for the applicant; Diven & Diven and J. F. Schaperkotter for the Lehigh Valley Railroad Company, in opposition. After hearing evidence and arguments the hearing was closed. (Case No. 3127.) Application of the Ithaca-Cortland Traction Company, under section 68 of the Railroad Law, for a determination as to whether its railroad (single track street surface electric) shall cross the Lehigh Valley Railroad (steam) at a point on the main highway between the village of Dryden and a settlement known as McLean above, below or at the grade of said steam railroad, it being proposed (in the testimony of the applicant's engineer at this hearing) that the crossing be above grade. George E. Monroe for the applicant; Diven & Diven and J. F. Schaperkotter for the Lehigh Valley Railroad Company, in opposition. After hearing evidence and arguments this application was withdrawn for the same reasons as the first application above. (Case No. 3129.)

The Ithaca-Cortland Traction Company is to make new applications in the case of the three above named withdrawn and a hearing on the new applications will be given by the Board in Albany, 10 a. m., Wednesday, February 15, 1905.

Application of the Buffalo, Rochester and Pittsburgh Railway Company for approval of an increase of its capital stock from $15,000,000 to $18,000,000. Adrian Iselin, Jr., for the applicant. After hearing arguments the hearing was closed. (Case No. 3269.)

Application of the Eastern New York Railroad Company for approval of an increase of its capital stock from $100,000 to $1,750,000 and for consent to the issue of a first mortgage for $1,750,000, both applications being contained in one petition. T. F. Barrett for applicant. After hearing arguments the hearing was closed. (Case No. 3278.)

Applications.

An order of the Appellate Division of the Supreme Court, First Department, was served on the Board directing it to issue a certificate to the New York City Interborough Railway Company that the provisions of section 59 of the Railroad Law have been complied with and that public convenience and a necessity require the construction of so much of the railway of said company as appears in the office original certificate on file. Two letters dated January 11, 1905, from Guthrie, Cravath & Henderson, attorneys, Union Railway Company, on this subject were received. Ordered filed. (Case No. 2011.)

Orders.

Application of the Buffalo, Rochester and Pittsburg Railway Company for approval of an increase of its capital stock from $15,000,000 to $18,000,000. Ordered approved said application for increase of capital stock on condition that but $1,500,000 of said increase of stock be issued under this approval and that the remaining $1,500,000 of said increase of stock or any part thereof shall not be issued until after further application is made to this Board by said company for approval of the issuance of said $1,500,000 of said increase of stock or any part thereof and such approval of this Board has been received to the issuance of said $1,500,000 of said increase of stock or any part thereof. (Case No. 3269.)

Application of the Eastern New York Railroad Company for approval of an increase of its capital stock from $100,000 to $1,750,000 and for consent to the issue of a first mortgage for $1,750,000, both applications being contained in one petition. Ordered approved said application for increase of capital stock on condition that but $400,000 of said increase of stock be issued under this approval and that the remaining $1,250,000 of said increase of stock or any part thereof shall not be issued until after further application is made to this Board by said company for approval of the issuance of said $1,250,000 of said increase of stock or any part thereof and such approval of this Board has been received to the issuance of said $1,250,000 of said increase of stock or any part thereof. Also ordered, that the said first mortgage for $1,750,000 be consented to on condition that but $500,000 bonds shall be issued thereunder, under this consent, and on condition that said company before issuing the remaining $1,250,000 bonds or any part thereof under saia mortgage shall apply for and secure the further consent of this Board to such issuance of said $1,250,000 bonds or any part thereof. (Case No. 3278.)

By direction of the Appellate Division of the Supreme Court, First Department, it was ordered that a certificate be issued to the New York City Interborough Railway Company that the provisions of section 59 of the Railroad Law have been complied with by said company and that public convenience and a necessity require the construction of so much of the railway of said company as appears by the office original certificate on file. (Case No. 2911.) A recess was taken until 2 p. m.

The Board again met.

AFTER RECESS-2 P. M.

All the Commissioners present.

Complaints.

Rev. James Biram of Woodhaven against the Brooklyn Heights Railroad Company as to operation of cars of said company to Woodhaven. Copy sent company. The electrical expert has been instructed to make a report in this matter. (Case No. 3281.)

Republican Union of the Twenty-eighth Assembly District, New York city, against the Interborough Rapid Transit Company as to service rendered the public on the Second avenue and Third avenue lines of the Manhattan Railway (leased to and operated by the Interborough Rapid Transit Company). Answer of company received. Copy sent complainants. The electrical expert has been instructed to make a report in this matter. (Case No. 3268.)

John W. Gould against the Interborough Rapid Transit Company (Manhattan Railway division) as to the non-heating of Ninth avenue southbound express trains between 8 and 9 a. m. Also as to taking off of trains. The electrical expert has been instructed to make a report in this matter. (Case No. 3280.)

Mrs. Ryerson of Brooklyn, New York city, against the Brooklyn Heights Railroad Company as to the running of additional cars to Cypress Hills on the Fulton street route. Copy sent company. Answer of company received. Copy sent complainant. The electrical expert has been instructed to make a report in this matter. (Case No. 3274.)

Board of Trade of Avon against the Pennsylvania Railroad Company (Western New York and Pennsylvania Railway, lessor,) as to name of station called Avon. Answer of company received. Copy sent complainants. (Case No. 3261.)

Verbal complaint against the New York Central and Hudson River Railroad Company as to freight rate on shipment of live stock from Carmel on the New York and Putnam division of the New York Central and Hudson River Railroad to New York city. Answer of company received. Ordered letter written company as shown by copy on file. (Case No. 3273.)

John B. Rose against the New York Central and Hudson River Railroad Company (West Shore Railroad, lessor,) as to station at Roseton on the River division of the West Shore Railroad. Letter dated December 24, 1904, received from the company. Ordered copy sent complainant. (Case No.

Applications.

Application of the Syracuse and South Bay Railway Company (street surface) to reopen an application by it for a certificate under section 59 of the Railroad Law, which application was ordered closed on the minutes of February 5, 1903, the applicant not having proceeded in the matter. When this case was closed the applicant was notified that it could apply to have it reopened. In this application an amended petition dated January 11, 1905, is filed asking for a certificate under section 59 to an amended route. Ordered hearing on this amended application set for Thursday, January 26, 1905, 10 a. m., at the office of this Board in Albany. (Case No. 2262.)

Application of the Buffalo and Rochester Railway Company for a certificate under section 59 of the Railroad Law. Ordered carried on file. (Case No. 3277.)

Application of the Ithaca-Cortland Traction Company for consent to the issue of a first mortgage for $775,000. Ordered hearing set for Thursday, January 26, 1905, 10 a. m., at the office of this Board in Albany. (Case No. 3283.)

Reports.

Report of the superintendent of the grade crossing bureau dated January 9, 1905, as to head-on collision between an express and a passenger car on the Hudson Valley Railway, December 20, 1904, about a quarter of a mile north of Stillwater. Ordered copy sent company. (Street Case No. 53-1904.)

Report of the inspector dated January 7, 1905, at to a collision between a passenger train and a switch engine on the New York Central and Hudson River Railroad, 4 p. m., December 21, 1904, about 800 feet west of the Syracuse passenger station. Ordered copy sent company, with letter of recommendation as shown by office original letter on file. (Steam Case No. 641904.)

Report of the electrical expert, dated December 31, 1904, as to a collision between a New York, Ontario and Western Railway train and a car of the Port Jervis Electric Light, Power, Gas and Railroad Company at a point in Ball street, Port Jervis, where said railroads cross at grade. The matter of the failure of the Port Jervis Electric Light, Power, Gas and Railroad Company to comply with the recommendation of this Board as to derailing switches at this crossing has been ordered referred to the Attorney-General. (Street Case No. 42-1904.)

Report of the inspector, dated January 7, 1905, as to a head-on collision between freight trains on the New York, Chicago and St. Louis Railroad near Dunkirk, December 10, 1904. Ordered copy sent company. (Steam Case No. 61-1904.)

In the matter of the recommendations of this Board contained in a letter to the company, dated September 15, 1904, growing out of a report of the inspector, dated August 15, 1904, as to the physical condition of the Western New York and Pennsylvania Railway (leased to and operated by the Pennsylvania Railroad Company) in this State, a letter, dated December 2, 1904, was received from the company as to compliance with the recommendations. Ordered filed. (No. 13-1904.)

In the matter of the recommendations of this Board contained in a letter to the company, dated December 7, 1904, growing out of a report of the inspector, dated November 7, 1904, as to the physical condition of the portion of the Northern Central Railway in this State, a letter, dated December 9, 1904, was received from the company as to compliance with the recommendations. Ordered filed. (No. 23-1904.)

In the matter of the recommendations of this Board contained in a letter to the company, dated July 29, 1904, growing out of a report of the inspector, dated June 30, 1904, as to the physical condition of the railroads of The Delaware and Hudson Company in this State, a letter, dated November 30, 1904, was received from the company as to compliance with the recommendations. Ordered filed and that the inspector consult with the general superintendent of the company as to inside guard rails on bridges. (No. 6-1904.)

Supplemental report of the inspector, dated December 1, 1904, as to timber trestles on the Raquette Lake Railway (operated by the New York Central

and Hudson River Railroad Company). Ordered copy sent company. 21-1904.)

(No.

Report of the electrical exeprt, dated December 31, 1904, as to there not being derailing switches as recommended by this Board at the crossing at grade of the Port Jervis Electric Light, Power, Gas and Railroad Company's railroad and the Port Jervis, Monticello and Summitville Railroad (leased to and operated by the New York, Ontario and Western Railway Company) at Ball street in Port Jervis. Ordered that the matter of failure to install these derailing switches be turned over to the Attorney-General, see accident case No. 42-1904, referred to in these minutes. (Case No. 2380.)

Report of the superintendent of the grade crossing bureau, dated January 9, 1905, as to the crossing at grade of Y tracks of The Pittsburg, Shawmut and Northern Railroad by the Olean Street Railway at Ceres, determination in which, under section 68 of the Railroad Law, dated October 23, 1902, has been made by this Board. Ordered filed. (Case No. 2678.)

Crossings.

Petition of the town board of the town of Caneadea, Allegany county (concurred in by the Buffalo and Susquehanna Railway Company), under section 60 of the Railroad Law, for a modification of the determination of this Board, under said section, dated June 14, 1904, so that the Buffalo and Susquehanna Railway shall cross at grade the highway in said town known as the Crawford Creek road instead of over the grade of said highway as set forth in said determination. Letter, dated January 9, 1905, was received from Bissell, Carey & Cooke, attorneys for the company, accompanied by an affidavit of E. P. Lupfer and a blue-print plan showing the conditions at the proposed crossing at grade. Ordered filed. (Grade Crossing Case No. 479.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated April 15, 1902, as to changes of highways and crossings 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 Company) in the town of Geddes, Onondaga county, an overcrossing has been constructed, a letter, dated January 4, 1905, was received from the New York Central and Hudson River Railroad Company as to the construction of corrugated iron shields on the bridge. Ordered the company be notified that the Board does not approve of the construction of these shields. Letter, dated December 13, 1904, was received from the New York Central and Hudson River Railroad Company and letter, dated December 20, 1904, was received from the Delaware, Lackawanna and Western Railroad Company as to the apportionment between said companies of the fifty per centum of the expense to be borne by said companies. Ordered that the expense to be borne, under section 65 of the Railroad Law, by the companies be divided between them on the basis of length of right of way crossed of each company to total length of bridge. (Grade Crossing Case No. 174.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated August 23, 1904, at to changing the Broadway grade crossing of the New York and Putnam Railroad (leased to and operated by the New York Central and Hudson River Railroad Company) near Van Cortlandt station, New York city, to an undercrossing of said railroad, detail plans of the substructural and superstructural work were submitted to the Board. Ordered said detail plans approved. (Grade Crossing Case No. 503.) In the matter of the determination of this Board, under section 62 of the Railroad Law and chapter 376 of the Laws of 1902, dated October 9, 1902, as to changing certain grade crossings of the New York Central and Hudson River Railroad and the railroad operated by The Delaware and Hudson Company in Schenectady from grade to undercrossings, a detail plan for the southeast retaining wall at State street was submitted to the Board by the New York Central and Hudson River Railroad Company. Ordered said detail plan approved. A report on this plan, dated January 14, 1905, was made by the superintendent of the grade crossing bureau.

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated October 9, 1902, and determination of this Board, under section 62 of the Railroad Law and chapter 376 of the Laws of 1902, dated October 9, 1902, as to changing the Pine, Fonda, Nott and Romeyn streets and Westinghouse avenue and Edison avenue grade crossings of the railroad operated by The Delaware and Hudson Company in Schenectady to undererossings of the railroad, proposals of contractors for the bridges at Westinghouse and Edison avenues, Pine, Fonda and Nott streets were submitted to the Board by The Delaware and Hudson Company, together with a report thereon, dated January 9, 1905, by the superintendent of the grade crossing bureau. Ordered approved the proposal of the American Bridge Company for said bridges, viz., 2.6 cents per pound f. o. b. cars Schenectady. The Board also approved detail plans for these bridges following the detail plans for the Westinghouse avenue and Edison avenue bridges which were submitted to the Board with proposals of contractors. (Grade Crossing Cases Nos. 369 and 390.)

In the matter of the petition of the town board of the town of Reading, Schuyler county, under section 62 of the Railroad Law, as to changing a grade crossing of The Syracuse, Geneva and Corning Railway (leased to and operated by the New York Central and Hudson River Railroad Company) and a highway leading from Reading Center to the village of Watkins at a point in said town known as Big Hollow, Big Gully or Irelandville Gully from grade to an undercrossing, a letter, dated November 19, 1904, was received from the attorney for the town. Ordered filed. (Grade Crossing Case No. 515.)

Petition of the New York Central and Hudson River Railroad Company, under section 62 of the Railroad Law, as to closing and discontinuing a grade crossing of The Syracuse, Geneva and Corning Railway (leased to and operated by the New York Central and Hudson River Railroad Company) at a point known as Bolt's crossing, about 1.2 miles north of Watkins in the town of Reading, Schuyler county, and the construction of a new piece of highway to an existing grade crossing of said railroad known as No. 64. Ordered filed. (Grade Crossing Case No. 520.)

A letter, dated December 19, 1904, was received from the Board of Estimate and Apportionment of New York city, together with a copy of a resolution of said board as to Twelfth avenue crossing the New York, Brooklyn and Manhattan Beach line of the Long Island Railroad and the Sea Beach line of the Brooklyn Heights Railroad Company between Sixty-first and Sixtysecond streets in the borough of Brooklyn. A letter, dated December 20, 1904, was written the Board of Estimate and Apportionment as snown by copy on file. (Grade Crossing Case No. 521.)

Orders.

Petition of the town board of the town of Caneadea, Allegany county (concurred in by the Buffalo and Susquehanna Railway Company), under section 60 of the Railroad Law, for a modification of the determination of this Board, under said section, dated June 14, 1904, so that the Buffalo and Susquehanna Railway shall cross at grade the highway in said town known as the Crawford Creek road instead of over the grade of said highway as set forth in said determination. Ordered that said determination be modified as shown by office original modified determination on file. (Grade Crossing Case No. 479.)

Bills Approved.