plant and distributing system. One hearing was given, but a further hearing has been deferred from time to time, at the request of the applicant, and is now pending.

Viaduct, East One Hundred and Seventy-first Street.- Application was made for permission to carry One Hundred and Seventy-first street and St. Paul's place across the tracks of the New York and Harlem Railroad Company, by Louis F. Haffen, president of the borough of the Bronx. The New York and Harlem Railroad Company and its lessee, the New York Central and Hudson River Railroad Company approved the application, and the plans for the construction of the bridge were also approved by the city authorities and the said railroad companies. Accordingly it was:

Resolved, That this Commission determines, under section 61 of the Railroad Law, that East One Hundred and Seventy-first street and St. Paul's place, borough of the Bronx, New York city, shall cross the New York and Harlem Railroad, now leased and operated by the New York Central and Hudson River Railroad Company, above the grade of said railroad, and on an overhead bridge for foot traffic, and that the plans and statement of the expense for the construction of said bridge, submitted and approved by the chief engineer, and borough president of the borough of the Bronx on behalf of the city, and by the chief engineer of the New York Central and Hudson River Railroad Company on behalf of said company, be, and the same hereby are, approved by this Commission, and that the secretary be authorized and directed to sign the approval of said plan and statement of the expense on behalf of the Commission.

Viaduct, East One Hundred and Sixty-seventh Street.— This application from the city of New York for leave to cross the tracks of the New York and Harlem Railroad Company at East One Hundred and Sixty-seventh street in the borough of the Bronx was originally made to the Board of Railroad Commissioners in 1904, which Board gave a public hearing on October 26, 1905. There were several adjournments to permit the railroad company to be heard and in July, 1905, the company wrote the Board that it would not produce any witnesses and did not care to be further heard. On October 11, 1905, the Board of

Railroad Commissioners made its determination under section 61 of the Railroad Law granting the application for crossing the New York and Harlem Railroad at East One Hundred and Sixtyseventh street by an overhead bridge for foot passengers only, reserving the right to thereafter determine as to the height, the length, and the character of materials for the approaches and the bridge.

The city officials appear not to have understood the kind of bridge desired and when it was ascertained by the citizens who were urging the improvement that the determination of the Board of Railroad Commissioners was for a foot bridge only, they protested vigorously and demanded that it be a bridge for general traffic. After considerable correspondence and delay, the city by resolution of the local board of Morrisania made a new application for a general traffic bridge over the railroad on One Hundred and Sixty-seventh street and the Board of Railroad Commissioners gave a public hearing on new application on March 12, 1907. The railroad objected somewhat to the plans of the bridge suggested by the local authorities on the ground that they were too elaborate and the engineers of the city and of the railroad were occupied in considering plans for the proposed bridge with the purpose of reaching an agreement down to the time of the creation of this Commission.

On July 17, 1907, the papers in the matter were transmitted from the Public Service Commission for the Second District to this Commission, including all the correspondence and testimony. The matter was referred to a committee which examined estimates of cost, statements of distribution of expense, etc. The committee reported that the proposed structure was very much needed, that the estimated cost of construction amounted to about $90,000, distributed half to the city and half to be paid by the railroad company, and that the application should receive the approval of the Commission. Thereupon the Commission under the authority of section 61 of the Railroad Law determined that East One Hundred and Sixty-seventh street, borough of the Bronx, New York city, shall cross the New York and Harlem Railroad now leased to the New York Central and Hudson River Railroad Company - above the grade of such railroad and

by an overhead bridge for general traffic and that the plans submitted were approved, and the secretary was directed and authorized to sign the approval of said plans on behalf of the Commission.

Change in Schedule Rates.- An application was made by the Long Island Railroad Company for permission to put into effect one day after publication at stations and filing with the Commission, a rate of $180 per month for the exclusive use of a club car, with a porter in charge, by the party who charters it, for six months, November 15, 1907, to May 14, 1908, inclusive, to be moved on regular trains one round trip each date, Sundays and legal holidays excluded, between Long Island City and stations on the Far Rockaway branch, viz., Far Rockaway to Hewletts, inclusive; chartering party to purchase each month thirty (30) or more commutation tickets between Long Island City or Brooklyn and the stations named on the Far Rockaway branch at rates published. The necessary permission was granted under section 29 of the statute.

On December 23 another application was made by the same company for permission to put into effect, three days after publication at stations and filing with the Commission a rate of 5 cents per 100 pounds on chicory in bags, boxes or barrels, in carloads subject to a minimum weight of 20,000 pounds per car, from Flushing, N. Y., to Long Island City, N. Y. In support of the application it was stated that the above proposed rate was in effect to Pier 32, East river, subject to a minimum weight of 15,000 pounds per car, but because of improvement being made at Pier 32, East river, by the Dock Department, very much restricting the applicant's facilities, it was necessary to determine the handling of car load traffic there. The present class rate to Long Island City is 5 cents per 100 pounds, but subject to a minimum weight of 36,000 pounds per car, and shippers were unable to load that amount in a standard car. The Commission granted this application also.

The Behr Monorail Company applied to the Commission for a franchise to operate a railroad between Atlantic avenue ferry, Brooklyn, and Coney Island. The application was originally made to the Rapid Transit Railroad Commissioners, and proposed

a line equipped by cars operated by electric motors, substantially the same as those now in use on the subway, but instead of being built to run upon two parallel railroad tracks, to be supported and run upon a single rail which forms the apex of a triangle. The base of such triangle would rest upon the ground or upon a viaduct and would have on its lateral faces guide rails to prevent the car falling over. The cars would be constructed so that the wheels on which they run would be within its body.

The application proposed that the company obtain the necessary consents of property owners, and build the railroad upon a steel viaduct or elevated road all the way. The committee of the Rapid Transit Railroad Commissioners having the matter in personal charge reported that before laying out a railroad route on the plan proposed, assurances should be required that there would be a bidder for construction, equipment and operation on sufficiently favorable terms and that as this Monorail system was covered by patents, it should be guaranteed that the owner of the patents, Mr. Behr the applicant, in case of the approval of a plan on a satisfactory route, would bid for the construction, not more than $1,000, pay expenses of procuring consents of property owners, save the city harmless from claims of damages, pay the minimum rental required by the statute and an additional sum of fifty cents a foot for every foot of single track constructed under such contract during the period of the lease for the first ten years and $1 a foot for the next ten years (the lease being for a period of twenty years with a renewal of twenty years more,) and make a deposit of $25,000 to meet the expenses of the surveys and borings necessary and to pay costs for obtaining the consents of property owners, or applying to the Supreme Court in case such consents could not be obtained. Mr. Behr was advised of the foregoing conditions and that upon receipt of such deposit the engineer and counsel would examine the modified route proposed and if found without serious objection, prepare the usual form of resolution to be submitted to the Board of Estimate and Apportionment.

A communication was received from Mr. Behr stating that the proposed terms were accepted and agreed to and that the $25,000 deposit would be made after the route was laid out and

approved by the Board of Estimate and Apportionment. He was advised that the deposit of $25,000 was a condition precedent to the Board's acting upon the matter, such money to be used in defraying the costs of the surveys, etc., as outlined as above. He was also informed that his $25,000 would not be returned if the contract was let to some other bidder. No deposit was made prior to the abolishing of the Board of Rapid Transit Railroad Commissioners, and no deposit has been made with this Commission, and no formal definite action taken by it.

Several communications from individuals and organizations in the Borough of Brooklyn regarding this application have been received, some warmly approving the granting of this franchise. and others earnestly objecting to it. The Commission is prepared to consider favorably any plan which will insure safe rapid transit to any considerable portion of the city, which can be built without overtaxing the resources of the city, and which is according to the statute, requiring only that any such project. shall have sufficient financial backing and character to insure its being carried out in accordance with the terms of the contract.

VIII. ORGANIZATION OF STAFF.

The Public Service Commissions Law transferred to this Commission all of the powers and duties of the Rapid Transit Board, and also those of the Railroad Commissioners, the Commission of Gas and Electricity and the State Inspector of Gas Meters within the area of Greater New York. The same act provided for the taking over of all the employees of the Rapid Transit Board, but none of those of the other bodies superseded. Thus upon July 1st, the Commission started with a force of 326 persons which list comprised the engineering department of the Rapid Transit Board, which was organized for the construction of rapid transit subways. Consequently this work went right along regardless of the change in the law.

For the proper execution of the other functions of the Commission-viz.: The work of the Railroad Commissioners, the Commission of Gas and Electricity and the Inspector of Gas Meters and the many, varied and important new duties imposed