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Safety Railway Company. The name of this company was changed in 1875 to the Brooklyn Elevated Railway Company. The company was authorized to construct an elevated railroad from Fulton ferry and Brooklyn bridge to Woodhaven without securing the consent of the local authorities. Owing to financial and legal difficulties construction was long delayed, and it was not until 1885 that a portion of its route was opened to traffic.

Brooklyn Commission of 1878. March 23, 1878, Mayor James Howell appointed a Board of Commissioners of Rapid Transit consisting of Felix Campbell, Charles J. Lowry, N. H. Clement, and John Y. Cuyler. The board organized April third by the election of Felix Campbell as president and John Y. Cuyler as secretary. John Newton was appointed consulting engineer. The board determined that there was great need of a comprehensive system of elevated steam roads and they laid out routes covering about twenty miles. The board submitted to the mayor reports of its proceedings, June 1, and July 1, 1878 (Documents 1878, Nos. 27, 32). Trouble was experienced in organizing a company to undertake construction. In the meantime on an application to the Common Council to approve the routes, the committee on railroads reported July eighth in favor of most of the routes. August first, however, the same committee made a report advising rejection of all the routes and this report was adopted. The Committee states that "it is not to the interest of Brooklyn, in view of the experience of the people living, doing business and owning property on Sixth avenue, New York, to permit our principal streets to be encumbered, and the property of our citizens on such streets ruined by the construction and operation of elevated railroads." When in December of 1878 the necessary subscriptions to capital stock were secured for the organization of the Kings County Elevated Railroad Company the question of granting consent again came before the common council. May 12, 1879, the committee on railroads of the common council reported in favor of consenting to the construction of elevated roads along the routes as laid out. A resolution was accordingly passed May 26, 1879. This resolution was vetoed by Mayor James Howell in a message transmitted June ninth. The mayor sums up his reasons for disapproval as follows:

"1. Because the wholesale experiment you propose to make involves too much risk, and it may involve ruin to our local business interests. "2. For the great franchise you propose to bestow the city secures virtually nothing in return.

"3. No provision is made for compensating private owners where property may be injured.

"4. Your action throws a present cloud on property on streets which the Elevated Railway Company may build railroads upon, eventually, but which it is under no obligation to do at present."

June 30, 1879, the resolution of the council granting consent was passed over the mayor's veto. In 1880 the General Term of the Supreme Court refused to grant the necessary consent (Matter of Kings Co. Elevated Railway Co., 20 Hun, 217). In November, 1883, a new application was made to the common council and December twenty-eighth and December thirtyfirst (Proceedings 1883, vol. 2, pp. 822-853), the council granted its consent to the construction of a road along certain of the routes approved by the

Commission of 1878. This resolution was approved by Mayor Seth Low, January 10, 1884. The company having failed to construct the road within the time specified in the city's consent, a resolution rescinding its action of December 28, 1883, was passed March 23, 1885. The company, however, maintained that it could proceed under the franchise granted June 30, 1879. Actual construction was begun in 1886, but was speedily interrupted by judicial proceedings. A decision of the Court of Appeals March 22, 1887 (105 N. Y. 97) confirmed the validity of the franchise and April 24, 1888, a section was opened to traffic extending from Fulton ferry and Brooklyn bridge on the west to Nostrand avenue, a distance of three and one-quarter miles. December 5, 1888, the road was completed to the city line.

Brooklyn Commission of 1880. June 2, 1880, Mayor James Howell appointed a Board of Rapid Transit Commissioners consisting of John C. Perry, Hiram W. Hunt, William J. Osborne, Daniel T. Walden, and Alanson Tredwell. This commission adopted routes in part the same as those adopted by the commission of 1878. But instead of placing a large portion of the business streets of the city at the disposal of the corporation, only two of the business streets (one of which was Fulton) were so assigned. The Brooklyn Rapid Transit Company was organized to construct and operate the road. March 7, 1881 this company petitioned the common council for the approval of the routes laid out by the commission. The council, however, refused to grant its consent (Proceedings of the Board of Aldermen, 1881, vol. 2, p. 166).

Brooklyn Commission of 1881. In February, 1881, Mayor James Howell appointed five commissioners of rapid transit, as follows: Isaac Henderson, Samuel Hatton, Alanson Tredwell, Daniel T. Walden, and Aaron B. Cohn. This commission adopted a route and plans (Proceedings of the Board of Aldermen, 1881, vol. 1, p. 513; vol. 2, p. 526), and organized the East River Bridge and Coney Island Steam Transit Company. The consent of the local. authorities was obtained by a resolution of the council adopted December 6, 1881, and approved December 17, 1881. The commissioners appointed by the Supreme Court approved the route in part (Proceedings of Board of Aldermen, 1881, vol. 2, p. 557), but their report was not approved by the General Term of the Supreme Court because no provision had been made requiring the company to reimburse property owners along the route for damages sustained by them (26 Hun, 490).

Brooklyn Commission of 1885. October 26, 1885, Mayor Seth Low appointed as commissioners of rapid transit the following persons: William H. Lyon, Joseph F. Knapp, George L. Morse, Michael H. Hagerty, and Charles E. Bill. These commissioners determined on routes and organized the Central Elevated Railway Company to construct the road. The company failed to secure a franchise and the project was abandoned.

Brooklyn Commissions of 1886. February 27, 1886, a rapid transit commission was appointed by Mayor D. D. Whitney, consisting of the following members: William J. Osborn, Chas. J. Tonjes, John F. Owings, Richard Lacy, and George W. Anderson. The commission laid out the following routes (Proceedings of Board of Aldermen, 1886, vol. 1, p. 1135):

(1) From East river to Lexington avenue via Broadway;
(2) From Washington street to city line via Myrtle avenue;

(3) From York street to Fulton street via Washington, Sands and Adams streets;

(4) From Park avenue to city line via Hudson, Flatbush and Fifth

avenues.

June 14, 1886 the Union Elevated Railroad Company was organized to construct and operated these roads. The consent of the common council was granted July 12, 1886, and approved by the mayor July 16, 1886. By an agreement dated May 13, 1887, this company leased to the Brooklyn Elevated Railroad Company the various roads to be constructed by it, the lease to run from the date of their completion. The Union Elevated was merged with the Brooklyn Elevated, October 27, 1890.

March 6, 1886, Daniel D. Whitney, Mayor of Brooklyn, appointed five commissioners of rapid transit, as follows: Horatio C. King, William M. Cole, William L. B. Stears, Charles J. Henry, and William T. Lane. This commission adopted a route and plans and organized the Long Island Elevated Railway Company. The company was unable to secure the consent of the common council and the proposed road was not constructed.

Brooklyn Commission of 1888. February 4, 1888, a rapid transit commission consisting of Thomas S. Moore, George W. Almy, George W. Brown, Thomas McGrath, and Eugene Doherty, was appointed by Mayor Alfred C. Chapin under the act of 1875. June 2, 1888, the commission determined on a route from Sackman street and Fulton avenue to the town line of Jamaica, and the Fulton Elevated Railway Company was organized to construct the road. The company applied for the consent of the common council, November 12, 1888 (Proceedings, p. 944). A resolution granting consent was passed by the council December tenth (Proceedings, p. 1263), and approved by the mayor December 18, 1888. The road when constructed was immediately leased to the King County Elevated Railway Company.

Brooklyn Commission of 1889. Commissioners of Rapid Transit were appointed by the mayor of Brooklyn, December 10, and 23, 1889, and by resolution of the board of supervisors of Kings county, December 26, 1889. Routes were laid out six miles in length and the Sea Side and Brooklyn Bridge Elevated Railroad Company was organized to construct and operate the roads. The consent of the common council was secured, February 20, 1891 (Proceedings, 1891, p. 439). By an agreement dated August 1, 1892, this company leased to the Brooklyn Elevated Railroad Company the roads to be con structed by it, the various sections of road to be delivered to lessee as they were completed. A section of the road from Fulton street to Jamaica avenue via Crescent avenue was delivered to the lessee May 30, 1893; from Thirtyeighth street to Sixty-seventh street via Thirty-eighth street and Third avenue, October 1, 1893; from Adams to Sands streets via High and Fulton streets, June 14, 1896.

APPENDIX K.

PUBLIC SERVICE COMMISSIONS ACT.

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