DECISIONS AND RECOMMENDATIONS. EXECUTIVE AND LEGISLATIVE REFERENCES. RELATIVE TO AN ACT DEFINING I. THE TERM "LOCAL AUTHORITIES AS USED IN THE RAILROAD LAW. To the Governor of the State of New York: May 1, 1894. The Board here with respectfully returns Senate bill (Executive No. 82) entitled "An act to amend chapter 565 of the Laws of 1890, entitled 'An act in relation to railroads, constituting chapter 39 of the general laws.'" This bill defines the term "local authorities" as used in the Railroad Law. Some such declaration of law was desirable to avoid litigation and this act seems to be clear and satisfactory. By the Board. II. RELATIVE TO AN ACT AMENDING THE ACT TO IMPROVE AND ENLARGE PARK AVENUE, IN THE CITY OF NEW YORK, AND TO PROVIDE FOR THE PASSAGE OF INTERSECTING STREETS UNDER THE TRACKS OF THE NEW YORK AND HARLEM RAILROAD COMPANY. To the Governor of the State of New York: May 1, 1894. The Board herewith respectfully returns Senate bill (Executive No. 418) entitled "An act to amend chapter 339 of the Laws of 1892, entitled 'An act to regulate, improve and enlarge Park avenue above One Hundred and Sixth street, in the city of New York, and providing for the passage of intersecting streets under the railroad structure of the New York and Harlem Railroad Company, and for the elevation of said railroad structure, and for changing the grade of said railroad, and for the construction of a new railroad bridge at an increased elevation over the Harlem river, and providing for all changes in any avenues, streets or railroads that may be necessary by reason of such change in structure and grade and increased elevation of bridge, and for other purposes." This bill amends section 4 of chapter 339 of the Laws of 1892, by striking out "One Hundred and Twelfth street," and inserting in its place "One Hundred and Eleventh street ;' " it amends section 14 of the same chapter by inserting after the word "aforesaid " in the second line, the words "or when any amended plans, specifications and estimate authorized by law shall be so filed ;" and, further, by adding to said section 14 a provision to the effect that the city of New York shall bear one-half of the cost of the new construction caused by the change from One Hundred and Twelfth street to One Hundred and Eleventh street, as already recited, such additional burden upon the city not to exceed $50,000. The bill contains a third section, which is quite comprehensive, and imposes further duties upon the comptroller and the commissioner of public works of the city of New York in connection with the Park avenue improvement, and broadens and varies the plan under which the city of New York and the railroad are carrying out such improvement. The bill is of such a character as makes it necessary for the authorities of the city of New York to express an opinion upon it, and it apparently calls for no opinion from this Board. By the Board. III. RELATIVE TO AN ACT EXEMPTING CERTAIN STREETS IN NEW YORK CITY FROM THE CONSTRUCTION OF ELEVATED RAILWAYS THEREON. To the Governor of the State of New York: May 1, 1894. The Board herewith respectfully returns Senate bill (Executive No. 248) entitled "An act to amend section 4 of chapter 4 of Laws of 1891, excepting certain parks and streets from route for an elevated railroad." The only new legislation is found on page 3 of the bill as printed, and is as follows: "Fourteenth street between the easterly line or side of Seventh avenue and the westerly side of Fourth avenue, nor Eleventh street west of Seventh avenue, nor any part of Bank street." The effect of the insertion of these streets is to include them among those exempted from the construction of elevated railways in New York city. Such exemption presents no general public question and may properly be left to the consideration of the local authorities. By the Board. IV. RELATIVE TO AN ACT EXTENDING THE TIME WITHIN WHICH THE TROY AND NEW ENGLAND RAILWAY COMPANY SHALL STRUCTION OF ITS RAILROAD. To the Governor of the State of New York: BEGIN THE CON May 1, 1894. The Board respectfully returns Senate bill (Executive No. 245) entitled "An act further to extend the time within which the Troy and New England Railway Company shall begin the construction of its railroad and expend thereon ten per cent of its capital." This bill extends the time within which the Troy and New England Railroad Company shall begin construction and expend ten per cent of its capital thereon for three years from and after the passage of the act. This company was incorporated in December, 1889. The articles of incorporation show that the road is to be operated in Rensselaer and Columbia counties. The length of the road is thirty-five miles; capital stock, $350,000. The company has filed no report with this Board as required by law, and so far as the Board knows it has done nothing in any direction. If the extension asked for by this bill is not granted, it will be necessary for a new corporation to get the consent of the Board and to pay a franchise tax. The Board knows no reason why the State should grant any favor or special privilege to this corporation. By the Board. V. RELATIVE TO AN ACT TO AMEND THE RAILROAD LAW IN RELATION TO CONSENTS OF PROPERTY-OWNERS FOR BUILDING AND OPERATION OF STREET SURFACE RAILROADS. To the Governor of the State of New York: May 1, 1894. The Board here with respectfully returns Assembly bill (Executive No. 147) entitled "An act to amend the Railroad Law, relating to consents of property-owners for building and operation of street surface railroads." This bill amends section 91 of the Railroad Law in two respects. First, there is inserted the following new legislation : "Consents of property-owners heretofore obtained to the building, extending, operating or change of motive power shall be effectual for the purposes therein mentioned and be deemed to be sufficiently proved and shall be entitled to be recorded whenever such consents shall have been signed, executed or acknowledged before an officer authorized by law to take acknowledgments of deeds, or before or in the presence of a subscribing witness, and without regard to whether or not the subscribing witness shall have affixed his signature in the presence of the subscriber, provided that the proof of such signing, execution or acknowledgment shall have been made by such subscribing witness in the manner prescribed by chapter 3, part 2 of the Revised Statutes." This language is evidently inserted to provide for a special difficulty of some particular corporation which possesses a number of consents not technically eligible to record. While there may be no serious objection to granting the relief asked for in this instance, yet the method. is questionable as being special legislation in disguise Such legislation incumbers the law intended to be general with petty provisions of no importance and obscure to those who do not understand the special occasion calling for their passage. The bill further amends section 91 by striking out the following sentence, which is now found at the end of the section: "But where such railroad runs through a street or avenue bounded on one side by a public square or park, the consent of one-half of the property owners on the other side of such street or avenue and opposite to such square or park shall also be first obtained." The effect of this change is to make it easier than under the present statute to construct a railroad upon a street bounded on one side by a public square or park. So far as the Board is informed there is no special demand for such a change in existing law. If the existing law is to be changed it might be modified more equitably than is done by this amendment. By the Board. VI. RELATIVE TO AN ACT AMENDING THE RAILROAD LAW AUTHORIZING THE RAILROAD COMMISSIONERS TO AWARD PRIZES OFFERED BY CORPORATIONS OR INDIVIDUALS FOR IMPROVED RAILROAD APPLIANCES. May 3, 1894. To the Governor of the State of New York: · The Board herewith respectfully returns Senate bill (Executive No. 428) entitled "An act to amend the Railroad Law in relation to improvements in railroad appliances," and reports as follows: This bill adds a new section to the Railroad Law, to be known as section 172. It is the outcome of a proposition submitted to the Board of Railroad Commissioners by the Metropolitan Traction Company on November 29, 1893, requesting the Board to act as judges in the awarding of a prize of $50,000 for the best actual working system of motive power for street railway cars exclusive of the overhead trolley. The Board replied thereto declining to act, it being without power in the premises, and submitted the correspondence in the matter to the Legislature early in January, which resulted in the passage of this bill. The publicity given to the offer of this company has resulted in applications from inventors from all parts of the world to the number of at least twenty-five hundred. The Board believes that the offering of such prizes and the conferring of authority upon it to award the same will stimulate inventors and will result in vast improvements in machinery and appliances for the operation of railroads. By the Board. VII. RELATIVE TO AN ACT AMENDING THE RAILROAD LAW AUTHORIZING ELECTRIC-LIGHT COMPANIES TO BEC ME RAILROAD CORPORATIONS. To the Governor of the State of New York: May 7, 1894. The Board herewith respectfully returns Assembly bill (Executive No. 339) entitled "An act to amend the Railroad Law in relation to electric-light and power corporations becoming railroad corporations." This bill amends section 21 of the Railroad Law, and is in some respects similar to the Assembly bill reported upon at page 4 of the first volume of the annual report of this Board for 1893, to which the Board respectfully refers. It varies from the bill of last year in three particulars: First. It provides that the railroad contemplated in the bill shall be one not exceeding twenty miles in length and within that distance from a power station, and shall not exceed four miles in length in any city. Second. The provision contained in the bill of last year permitting at corporation to acquire land to the extent of 2,000 acres, remains, but is qualified by a provision that such land shall be along the line or contiguous to the said railroad. Third. The limitation at the close of section 21, as found in the existing law, is entirely stricken out, and the bill in its present shape permits the construction by electric-light companies of street and other railroads in all cities and towns where there are existing electric-light companies, but not exceeding four miles in length. By the Board. VIII. RELATIVE TO AN ACT PERMITTING THE ABANDONMENT OF PART OF ITS ROUTE BY A STREET SURFACE RAILROAD. May 7, 1894. To the Governor of the State of New York: The Board herewith respectfully returns Assembly bill (Executive No. 466) entitled "An act to amend the Railroad Law," and reports as follows: This bill amends section 103 of the Railroad Law relating to the abandonment of part of route of a street surface railroad. The present law provides for the abandonment of certain routes or portions of routes where one road has been leased by another. Either the lessee or lessor can abandon any portion of its route on certain conditions, viz., the declaration of abandonment to be adopted by its. board of directors, which shall be submitted to the stockholders for approval by a vote of two-thirds, and such declaration to be submitted to the Board of Railroad Commissioners for its approval, and thereafter to be filed in the office of the Secretary of State. The proposed amendment provides that in cities of 100,000 inhabitants, or under, any street surface railroad or corporation which shall have constructed or may hereafter construct additional routes so as to provide a continuous service between terminal points, or which by consolidation or merger of two or more roads have more than one line of road between terminal points, may declare any portion of its own route which it may deem no longer necessary for the successful operation of its road and convenience of the public in consequence of such additional construction or routes or consolidation and merger, to be |