at least thirty (30) cars in each hour thereof, and at the same rate for each fraction of an hour, and upon an even maintained headway or interval of two minutes between such cars.

(8) By running on the said One Hundred and Thirty-eighth street line, on the route aforesaid, between 9:00 o'clock in the morning and 5:00 o'clock in the afternoon, eighteen (18) cars in each hour thereof, and at the same rate for such fraction of an hour, upon an even maintained headway of three minutes and twenty seconds between such cars.

(9) By running between 5:00 o'clock in the morning and 8:00 o'clock in the evening one half of all cars on the Boston avenue or West Farms line, on the route prescribed between One Hundred and Twenty-eighth street by Third avenue, Boston road and West Farms, beyond West Farms, through Morris Park avenue, to the Morris Park race course, upon a headway or interval between said cars from said race course terminal of eight minutes between 5:00 o'clock in the forenoon and 4:30 o'clock in the afternoon, and of six minutes between 3:30 o'clock and 6:30 o'clock in the afternoon.

Discrimination in fares.- Complaint was made to the Commission of an illegal charge and discrimination by the New York City Interborough Railway Company, the Union Railway Company and the Interborough Rapid Transit Company, in that a person taking a subway train at One Hundred and Tenth street, west side, could go to One Hundred and Eighty-first street, there transfer to the New York City Interborough, ride to Aqueduct avenue, thence transfer to the Union Railway line and be carried to Westchester for eight cents, but the same person returning over the same route had to pay ten cents.

At the hearing (Orders Nos. 57 and 58) there was no dispute as to the facts, but it was contended by the representatives of the companies that while there were agreements between the New York City Interborough and the Interborough Rapid Transit Company requiring the New York City Interborough to honor the coupon ticket issued from the subway, and an agreement between the New York City Interborough and the Union Railway Company as to general transferring, there was no agreement or contract requiring or permitting the New York City Interborough to

issue transfers to the subway nor requiring the Interborough Rapid Transit Company to honor such transfer if given. The testimony of the witnesses for the corporations was all to the effect that in accepting transfers issued by the New York City Interborough to a passenger coming to it by a coupon from the subway, the Union Railway Company received nothing for transporting such passenger, and that the transportation of passengers for eight cents under any arrangement over these three roads was and must be at a loss to the corporations.

The presiding Commissioner found that the complainant was aggrieved by the fact that in traveling from his home to Westchester by the line of the Interborough Rapid Transit Company (the subway) from One Hundred and Tenth street to One Hundred and Eighty-first street, thence by the said New York City Interborough Railway Company to Aqueduct avenue, thence by said Union Railway Company of New York city to Westchester, he was carried by the defendant companies for the sum of eight cents, represented by the Interborough Rapid Transit Company's eight cents special coupon ticket, and a transfer slip from the New York City Interborough Railway Company to said Union Railway Company of New York city; whereas, on the return trip from Westchester to the same point at One Hundred and Tenth street and Broadway, over the same routes and lines operated by the defendants subject to the obligations aforesaid, he was required to pay ten cents, namely, a fare of five cents to the said Union Railway Company of New York city for carriage over the Union Railway Company, and by transfer over the New York City Interborough Railway Company, and a further sum of five cents to the Interborough Rapid Transit Company (the subway), and he was refused by the New York City Interborough Railway Company a coupon ticket for three cents offered by him as a passenger on its cars under transfer slip from the Union Railway Company of New York city, to which he had as aforesaid paid five cents for his fare.

It also appeared that under the obligations of the New York City Interborough Railway Company and the Union Railway Compa y of New York city, as street surface railroads, and under their agreement and under the terms of the contract between the

Interborough Rapid Transit Company and New York City Interborough Railway Company, applicable to extensions and acquisitions of the latter, the regulations and practices of the defendants as affecting rates charged for transportation of passengers as aforesaid in charging ten cents from Westchester to One Hundred and Tenth street, Manhattan, and eight cents from One Hundred and Tenth street, Manhattan, to Westchester, over the same route, were unjust, unreasonable, unjustly discriminatory and unduly preferential and in violation of law.

The order (No. 146) duly passed was, first, that the maximum ate to be charged by the Union Railway Company of New York city, New York City Interborough Railway Company and Interborough Rapid Transit Company for service to be performed by them in the carrying of each passenger from Westchester over the route of the Union Railway Company of New York city to Aqueduct avenue, thence over the route of the New York City Interborough Railway Company to One Hundred and Eighty-first street on St. Nicholas avenue, and thence over the route of the Interborough Rapid Transit Company to One Hundred and Tenth street, Manhattan, be the sum of eight cents; second, that this order shall take effect on the 15th day of December, 1907, and shall continue in force from and after said date so long as the charge of eight cents (.08) is made and required of each passenger by the said defendants for service performed by them in carrying such passenger from One Hundred and Tenth street, Manhattan, over the route of the said Interborough Rapid Transit Company to One Hundred and Eighty-first street on St. Nicholas avenue, thence over the route of the New York City Interborough Railway Company to Aqueduct avenue, and thence over the route of the Union Railway Company of New York city to Westchester.

The order was duly served upon the corporations affected by it, and an acknowledgment of such service received, with the statement in substance that on the 14th day of December the New York City Interborough Railroad Company discontinued the practice of issuing transfers to the Union Railway Company to persons presenting coupons of eight-cent subway tickets, that the fare now each way would be ten cents, that this would remove all discrimination, and that consequently the order of the Commission would have no effect.

D. BROOKLYN AND QUEENS SURFACE LINES.

Coney Island and Brooklyn Railroad Company. The first final order issued by the Commission related to this company. The complaint had been filed with the Railroad Commissioners early in 1907 by the South Brooklyn Board of Trade and others. It was claimed that the equipment of the company was inferior and defective; that its cars were old, with many flat wheels, improper fittings and generally dirty and unsanitary. The answer of the company was not satisfactory to the Railroad Commission nor convincing to the complainants, and a public hearing was announced for April, 1907. But no conclusion was reached and no final action taken by the Railroad Commissioners prior to July 1st, when the matter was transferred to this Commission and the complaints renewed before it.

In the investigation of the Brooklyn bridge situation, it was found that much of the delay on the bridge was caused by defects in the equipment of cars operated by the Coney Island and Brooklyn Railroad Company, and a conference was had between one of the Commissioners and the officers of the road looking to the improvement of these conditions. An engineer was directed to investigate, and he reported irregularity in service, delays to surface cars because of defective equipment, and that such delays were much worse in proportion than the delays caused by cars of other companies. In consequence, an order for a hearing was issued (No. 19) to determine whether the company should be required to provide ten new combination cars, fifty new 50 II. P. equipment for its cars and equip its cars with 275 new circuit breakers, and to provide new gear pans, two good and sufficient headlights for every car and to place car numbers conspicuously in the middle of the outside platform of closed cars.

*

The presiding Commissioner's report was as follows: "A general inquiry having been had regarding the Coney Island and Brooklyn Railroad Company * it was shown by the testimony that said corporation acceded to the issue of an order on all of the points enumerated in the order issued for the hearing excepting the fifty new 50 H. P. equipments. The reason given. for the opposition to this item is that these new equipments are not needed and their purchase would impose too large a financial

burden. The basis, however, of this item was a statement by Superintendent Sullivan of this corporation at a former conference that these equipments were desirable; that statement, however, made as it was without prejudice, might properly be withdrawn by the corporation. The hearing was adjourned until September 11, 1907, for further instructions from this Commission. As the need of these equipments affects the general operating ability of the entire line and as other shortcomings may well be considered in a general inquiry, it seems it would be best to postpone the consideration of the forty equipments and bring the hearing to a close on September 11th. It will probably not be best, however, to drop further consideration of this company and I recommend that a hearing be given on September 25, 1907, at 2:30 p. m., at which time all parties desiring to present complaints against any of the lines of this street railroad corporation could do so. It would then be possible for a committee of this Commission to consider all of the complaints that have come in against this company, including the complaints pending before the State Railroad Commission and transmitted to us and the matters brought out at such hearing. If the shortcomings of this road appear sufficiently important to warrant it, a thorough inquiry can be instituted, as a result of which orders to show cause touching various defects can be made. I recommend this procedure."

In accordance therewith an order (No. 21) was issued requiring that the company provide ten new combination cars each with 50 H. P. equipment for use on its Smith street line, on or before. January 1, 1908; equip its cars in service with improved circuit breakers; provide and equip its cars in service with efficient gear pans; provide and maintain for cach of its cars in service, two good and sufficient headlights; and maintain car numbers conspicuously in the middle of the platform of each car in service; and that the matter of providing for the remaining forty of the 50 H. P. equipments specified in the order for the hearing should be dismissed without prejudice.

At the request of the company, this order was re-opened as to the first item. The company's expert and the Commission's expert agreed that a new type of car was desirable and that a request for additional time to provide such cars was reasonable.