Orders.

Application of the South Shore Traction Company for consent to the issue of a first mortgage for $3,000,000. Granted, on condition that but $2,500,000 bonds under said mortgage shall be issued thereunder under this consent and that before the remaining $500,000 bonds or any portion thereof under said mortgage are issued, application shall be made to this Board for its approval of the issue of said remaining $500,000 bonds or any portion thereof and said approval secured. (Case No. 3251.)

Application of the Chateaugay and Lake Placid Railway Company for approval of an increase of its capital stock from $450,000 to $2,450,000. Granted. (Case No. 3240.)

Application of the New York and Canada Railroad Company for approval of an increase of its capital stock from $4,000,000 to $9,000,000. Granted. (Case No. 3239.)

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

Hearings.

In the matter of the application of the city of Niagara Falls, under section 62 of the Railroad Law, as to changing the Pine street grade crossing of the Erie Railroad and the claimed right of way of the Buffalo, Thousand Islands and Portland Railroad Company to an overcrossing, in which matter the evidence on the merits was closed July 22, 1903, Augustus Thibaudeau, city attorney, and Walter P. Cooke, attorney, Buffalo, Thousand Islands and Portland Railroad Company, appeared before the Board and at the request of Mr. Cooke the further hearing on the question of whether or not the proposed structure (if the Board determines that it shall be constructed) shall be so constructed as to cross above the claimed right of way in Pine street of the Buffalo, Thousand Islands and Portland Railroad Company or whether the approach to the structure shall obstruct said claimed right of way was adjourned to a date to be thereafter fixed. (Grade Crossing Case No. 293.) Adjourned hearing in the matter of the application of the Buffalo, Batavia and Rochester Electric Railway Company for a certificate under section 59 of the Railroad Law. George L. Lewis and Safford E. North for the applicant; Pooley & Spratt (Mr. Spratt appearing) for the New York Central and Hudson River Railroad Company in opposition; Arthur E. Clark for himself and other property owners on East Main street, Batavia, in opposition. After hearing evidence and arguments a recess was taken until 2.15 p. m. (Case

No. 3238.)

AFTER RECESS-2:15 P. M.

The Board again met. Present, Commissioners Dunn and Dickey.

Hearings.

The hearing in the matter of the application of the Buffalo, Batavia and Rochester Electric Railway Company 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 to a date to be thereafter fixed. The applicant closed its case, except in rebuttal. (Case No. 3238.)

Complaints.

Complaint of S. D. Miller and others of Rensselaer as to a proposed lease of the portion of the United Traction Company's railway in Rensselaer to the Cohoes City Railway Company Ordered letter written complainant to the effect that this Board has no jurisdiction in the matter, and the case closed. (Case No. 3266.)

Crossings.

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 of the railway, a report dated December 13, 1904, was received from the superintendent of the grade crossing bureau to the effect that the detailed plans for the over crossing submitted to this Board by the company were defective. On November 30, 1904, the Board approved these plans and approved specifications and estimate of expense for this work. Ordered, that said approval of said plans, specifications and estimate of expense be withdrawn. (Grade Crossing Case No. 491.)

Orders.

Application of the Coney Island and Brooklyn Railroad Company for consent to the issue of a mortgage for $10,000,000. Granted, as shown by office original determination on file, on condition that but $5,500,000 bonds shall be issued under this consent and before the remaining $4,500,000 bonds under said mortgage or any portion thereof shall be issued application shall be made to this Board for consent to the issue of said $4,500,000 bounds under said mortgage or any portion thereof. (Case No. 3260.) The Board adjourned.

ROCHESTER, DECEMBER 15, 1904.

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

Hearings.

Adjourned hearing in the matter of the application of the Albion and Lockport Railway (street surface) for a certificate under section 59 of the Railroad Law. Charles B. Hill, A. B. Boardman and A. K. Potter for the applicant (Mr. Boardman was not present, but Dudley Phelps, representing Mr. Boardman, was present); George F. Thompson, for the Board of Trustees of the village of Middleport, in favor of the application; A. H. Harris for the New York Central and Hudson River Railroad Company in opposition to the application. After hearing evidence and arguments a recess was taken until 2:00 p. m. (Case No. 3223.) .

AFTER RECESS-2 P. M.

The Board again met. Present, Commissioners Dunn and Dickey.

Hearings.

The hearing in the matter of the application of the Albion and Lockport Railway (street surface) for a certificate under section 59 of the Railroad Law was resumed. Appearances as in the morning. The applicant, without the calling of other witnesses, closed its case, except in rebuttal. Mr. Harris moved to dismiss the application on the grounds that public convenience and a necessity do not require the construction of the applicant's railroad, and on the ground that the 10 per cent. of the capital stock had not been paid as required by statute before the filing of the articles of association (see stenographer's minutes). The Board reserved decision on this motion. (Case No. 3223.)

The matter of the application of the Albion and Rochester Railway (street surface) for a certificate under section 59 of the Railroad Law, which was to have been heard to-day, was not called, but the hearing on this application is adjourned to a date to be thereafter fixed. (See minutes of November 16, 1904.) No evidence has been taken in this case. (Case No. 3224.) The Board adjourned.

BUFFALO, DECEMBER 16, 1904.

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

Adjourned hearing in the matter of the application of The Electric City Railway Company (street surface) for a certificate under section 59 of the Railroad Law, King, Leggett & Brown (Mr. King and Mr. Leggett appearing) for the applicant; Pooley & Spratt (Mr. Spratt appearing) for the New York Central and Hudson River Railroad Company, as to proposed crossings of that company's railroad by the applicant's railroad; Bissell, Carey & Cooke (L. M. Bass appearing) for the the Buffalo, Thousand Islands and Portland Railroad Company; Cromley & Gittins (Mr. Cromley appearing) generally for Peter F. Porter, a property owner on First street and River street; Morris Cohn, Jr., for the International Railway Company, in opposition. After hearing evidence and arguments a recess in this matter was taken until 2 p. m. (Case No. 3156.)

Application of the Pennsylvania Railroad Company, under section 34 of the Railroad Law, for consent of this Board to the discontinuance of its station at Idlewood on its Chautauqua division, about 16.2 miles from Buffalo. Frank Rumsey for the applicant; no one in opposition. After hearing arguments the hearing was closed. (Case No. 3233.)

AFTER RECESS-2 P. M.

The Board again met. Present, Commissioners Dunn and Dickey.

Hearings.

The hearing in the matter of the application of The Electric City Railway Company (street surface) for a certificate under section 59 of the Railroad Law was resumed. Appearances as in the morning, with the addition of Adelbert Moot for the Erie Railroad Company generally, and for Sarah Sturdy, a property owner on Cherry street, Niagara Falls, in opposition. After hearing evidence and arguments the evidence was closed. Briefs are to be exchanged between Mr. King and Mr. Cohn and Mr. King and Mr. Moot and Mr. Cromley within twenty days from this date and filed with this Board within thirty days from this date. (Case No. 3156.) The Board notified attorneys for the applicant that it would hear in executive session proof on the bona fides of the applicant at some future date.

Orders.

Application of the Pennsylvania Railroad Company, under section 34 of the Railroad Law, for consent of this Board to the discontinuance of its station at Idlewood on its Chautauqua division, about 16.2 miles from Buffalo. Granted. (Case No. 3233.)

The Board adjourned.

ALBANY, DECEMBER 21, 1904.

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

The minutes of the meetings of November 30, December 9, 14, 15 and 16 were read and approved.

Hearings.

Application of the Buffalo and Susquehanna Railway Company, under section 60 of the Railroad Law, for a modification of the determination of the Board, dated August 10, 1904, in the application of said company, under said section, the modification asked for being that said railway shall cross Clark street in the town of Hamburg, Erie county, at grade instead of overgrade, as decided in said determination. Bissell, Carey & Cooke (Mr. Carey and Mr. Cooke appearing) for the applicant; Perry M. Thorn, A. L. Stratmier and John Schoepflin (supervisor) for the town of Hamburg; G. T. Rogers, John F. Burke and J. B. Rumsey for the Buffalo Southern Railway Company. Without the hearing of evidence or arguments the hearing was adjourned to a date to be thereafter fixed, of which at least one week's notice is to be given, this hearing to be set upon the application of any one appearing on this date. (Grade Crossing Case No. 478.)

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 electric divisions of the Fonda, Johnstown and Gloversville Railroad cross at grade, J. N. Shannahan, general superintendent of the company, appeared before the Board and asked that its recommendations as to these derails be withdrawn. After hearing arguments the hearing was closed. (Case No. 3215.)

Application of the "Corning and Painted Post Street Railway" for approval of petition to the Supreme Court for leave to change its name to "Elmira, Corning and Painted Post Railway." Thomas O'Connor for the applicant. After hearing arguments the hearing was closed. (Case No. 3267.)

In the matter 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 Boston and Albany Railroad (leased to and operated by the New York Central and Hudson River Railroad Company) in the town of Chatham, Columbia county, A. B. Gardenier, attorney for the company, appeared before the Board and filed with it a notice of hearing on this date served on certain persons in an application for a modification of the determination, the application being made verbally by Mr. Gardenier, who filed with the Board a proposed form of determination that the modification should be made as stated therein. The hearing was closed. No one but Mr. Gardenier appeared. (Case No. 494.)

Applications.

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. A report in this matter, dated December 15, 1904, was made by the inspector. (Case No. 3262.)

Crossings.

Petition (concurred in by the Buffalo and Susquehanna Railway Company) of the town board of the town of Caneadea, Allegany county, under section 60

of the Railroad Law, for a modification of the determination of this Board, under said section, dated June 14, 1904, in the matter of the application of the Buffalo and Susquehanna Railway Company, under said section, for a determination of the manner in which its single track railway shall cross streets, avenues and highways in the county of Allegany, the modification asked for being that said 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, hearing set for Albany, Wednesday, January 4, 1905, at 11 a. m. (Grade Crossing Case No. 479.)

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 plan for the new bridge over the canal at Union street, Schenectady, was submitted to the Board by the New York Central and Hudson River Railroad Company, together with a report thereon, dated December 15, 1904, from the superintendent of the grade crossing bureau. Ordered, said plan approved. (Grade Crossing Case No. 369.)

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 plan for the substructural work in the reconstruction and rearrangement of the overhead crossing of The Delaware and Hudson Company's Railroad by the main line of the New York Central and Hudson River Railroad was 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 plan approved. (Grade Crossing Case No. 369.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated September 13, 1904, as to changing the North Union street grade crossing of the New York Central and Hudson River Railroad in the city of Rochester to an undercrossing of the railroad, and the crossing of the east end of Davis street, where it now joins North Union street, a general plan for this work upon which minor corrections have been made, showing additional manholes and the grade of sewers, was 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 filed; the general plan for this work, except these minor corrections, having been heretofore approved and it not being necessary to approve this plan. (Grade Crossing Case No. 416.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated October 9, 1902, as to changing the Pine, Fonda, Nott and Romeyn streets grade crossings of the railroad operated by The Delaware and Hudson Company in Schenectady to undercrossings of the railroad, specifications for the steel railroad bridges and for the grading and masonry and specifications of the city of Schenectady for the street work 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 specifications approved. (Grade Crossing Case No. 390.)

In the matter of the determination of this Board, under section 62 of the Railroad Law, dated August 23, 1904, as 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, proposals of contractors for the superstructure 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, approved, the proposal of the Boston Bridge Works, viz., $4,766. See minutes of October 18, 1904, as to the company doing the whole of the work to complete this undercrossing itself. (Grade Crossing Case No. 503.)