Brooklyn Union Elevated Railroad Company- Inadequate service Additional station signs and stairways. Complaint Order No. 34, issued October 11, 1907, p. 699, 1907 Rep. Hearing Order No. 89, issued November 13, 1907, p. 722, 1907 Rep. COMMISSIONER BASSETT : OPINION OF COMMISSION. (Adopted November 7, 1907.) This complaint, dated September 13, 1907, was made up of about thirty different items. Upon its receipt it was referred to me for analysis. I reported that some of the items should be held in abeyance and for further investigation; that others should be forwarded to Mr. Ivins, and that the remainder should be forwarded as complaints to the operating company; this was done and the Brooklyn Union Elevated Railroad Company duly answered, forwarding a copy of its answer to the complainant. The complainant replied; the answer and reply were referred to me. The answers of the operating company express compliance with six of the items, viz.: Opening the side doors at all times on the bridge cars. More trains on Sundays and holidays. Extension of platforms. Operating Gates avenue short line cars to Manhattan Junction on the Lexington avenue line. Six car trains instead of five car trains on the Lexington avenue line. It seems desirable that a hearing should be had on some of the items of complaint with which the operating company does not express compliance; these items are the following: That at least 150 additional elevated station signs. be prepared and placed by said company, properly distributing them among their various elevated, surface and depressed road stations. To provide more or wider stairways at the Gates avenue and Halsey street stations of the Lexington avenue line. In case there is further work of reinforcing the elevated structure on Broadway, not to decrease the present headroom. To remove the Tillary street station and platform. To repair and keep in first class order the Lafayette avenue station of the Fulton street elevated road, even if the same shall not be put into present use. To operate midnight trains on all elevated lines with not over fifteen minutes headway at least until 1 o'clock A. M. I have asked the counsel to prepare an order for a hearing on the last mentioned items, and submit the proposed order for hearing herewith. There are various other items with which the operating company does not express compliance, and which are not included in the order for hearing. The reason for this is that they are the same as, or are included in investigations and hearings now under way, which have been initiated from other sources. Thereupon Hearing Order No. 89 was issued. Brooklyn Union Elevated Railroad Company and Brooklyn Heights Railroad Company.- Transfers from Nostrand avenue trolley line to Fulton street elevated. Complaint Order No. 36, issued October 11, 1907, p. 700, 1907 Rep. See footnote, page 9. herein. Interborough Rapid Transit Company.-Violation of Eight Hour Law. Complaint Order No. 37, issued October 11, 1907, p. 700, 1907 Rep. Dismissal Order No. 112, issued November 27, 1907, p. 729, 1907 Rep. [The towermen employed by the Interborough Rapid Transit Company are not within the provisions of L. 1907, Ch. 627.] L. 1907, Ch. 827 is in part as follows: "§ 7-a. Regulation of hours of labor of block system telegraph and telephone operators and signalmen on surface, subway and elevated railroads. The provisions of section seven of this chapter shall not be applicable to employees mentioned herein. It shall be unlawful for any corporation or receiver, operating a line of railroad, either surface, subway or elevated, in whole or in part, in the state of New York, or any officer, agent or representative of such corporation or receiver to require or permit any telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed the block system' (defined as follows): Reporting trains to another office or offices or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines or train dispatchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders as interpreted in this section, to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid. Complaint was made to the Commission that certain towermen were working more than eight hours a day in violation of this law. COMMISSIONER EUSTIS: OPINION OF COMMISSION. "In the case of the trial coming on upon the complaint of Grant Smith against the Interborough Rapid Transit Company, I wish to read the following decision: The questions of fact and law arising upon the complaint and answer herein having come on for trial before me, I find that the questions of fact alleged in the complaint have been sustained. In fact, the defendant's chief witness conceded that several of the employees worked the number of hours specified in the complaint. This complaint was made under chapter 627 of the Laws of 1907, which went into effect on the first day of October, and it seems to have been passed for the purpose of protecting the public from the danger that arises from telegraph and telephone operators, who operate switches, being overworked. The men complained of by the complainant are tower switchmen, but the evidence shows that they are not telegraph or telephone operators in any sense in connection with their regular work as switchmen. The proof is not clear that they all have even telephones in their booths, but they probably do, as the general manager of the road said it was the intention of the management to have telephones in all such places, so that in case of emergency the men could be reached, or the men could reach other officers of the road without leaving their station. The only way that this Commission could hold the defendant guilty of violation of this law would be to say that the towerman employed by them at the various towers, designated in the complaint, are telegraph or telephone levermen, and as the evidence was very clear that they did not use the telegraph or telephone in any manner in connection with their work, it would be a forced construction, and as this is a penal statute, it should be construed literally, and I am therefore of the opinion that the complaint herein should be dismissed." An order for dismissal was thereupon presented by Commissioner Eustis and adopted by the Commission. See footnote, page 9. Brooklyn Heights Railroad Company and Brooklyn Union Elevated Railroad Company.- Increase of service on Jamaica avenue line and on Lexington avenue line. Hearing Order No. 38, issued October 11, 1907, p. 700, 1907 Rep. Brooklyn Heights Railroad Company.- Improper maintenance. of stringers and ties on Brooklyn bridge. Complaint Order No. 39, issued October 11, 1907, p. 700, 1907 Rep. Brooklyn Heights Railroad Company.- Repair of switches, curves and cross-overs. Complaint Order No. 40, issued October 11, 1907, p. 700, 1907 Rep. New York and Harlem Railroad Company; New York Central and Hudson River Railroad Company.-Construction of loop at Grand Central station. Complaint Order No. 41, issued October 16, 1907, p. 700, 1907 Rep. Nassau Electric Railroad Company; Sea Beach Railway Company. Failure to issue transfers at Bay Ridge avenue and Fifth avenue, Brooklyn. Complaint Order No. 42, issued October 21, 1907, p. 701, 1907 Rep. Order No. 43. (See Order No. 15, page 18 herein.) Order No. 44. (See Order No. 25, page 19 herein.) Order No. 45. (See Order No. 7, page 11 herein.) Order No. 46. (See Order No. 7. page 11 herein.) Brooklyn Heights Railroad Company.- Establishment of trolley station on Flatbush avenue, between Dorchester and Cortelyou roads. Complaint Order No. 47, issued October 25, 1907, p. 708, 1907 Rep. Letter received from Company stating that arrangements for establishment of station had been made. Brooklyn Heights Railroad Company and Brooklyn Union Elevated Railroad Company.- Superintendent of operation of trains on Brooklyn bridge. Hearing Order No. 48, issued October 25, 1907, p. 708, 1907 Rep. COMMISSIONER BASSETT: OPINION OF COMMISSION. (Adopted December 11, 1907.) On October 25, 1907, the Commission appointed the undersigned to conduct a hearing on the question of the need of a superintendent at the Brooklyn Bridge terminals under Order No. 48. After hearing the evidence given by the inspectors of the Public Service Commission and by the Brooklyn Union Elevated Railroad Company, I find that the facts are substantially as follows: That a person performing the duties of superintendent is now in charge, and there is a system of communication between him and the other employees at the terminals. That a somewhat intricate system exists for communicating from one part of the station to another, and that the main need in rush hours is that announcements from time to time should be made. The operating company, pending the course of this hearing, have perfected a method of making announcements and intend to place one or two more men at the bridge terminals for the purpose of assisting in the handling of crowds especially in times of accidents. I hesitate to advise an order that a specific man shall be put on duty with specific duties regarding this intricate situation. The purpose of the hearing was more to investigate possibilities of improvement, and as the company has already made progress in this direction, I recommend that no final order be made against the operating company in this behalf. As the investigation began in our Commission it is not necessary that any order of dismissal should be made. Brooklyn Union Elevated Railroad Company- Operation of trains on Saturday afternoons over Brooklyn Bridge. Complaint Order No. 49, issued October 25, 1907, p. 708, 1907 Rep. Order No. 50. (See Order No. 26, page 20 herein.) Nassau Electric Railroad Company.-Inadequate service on Fifth avenue surface line, Brooklyn. Complaint Order No. 51, issued October 25, 1907, p. 710, 1907 Rep. Order No. 52. (See Order No. 10, page 13 herein.) Railroad Corporations.-Filing of tariff schedules. Filing Order No. 53, issued October 28, 1907, p. 713, 1907 Rep. Express Corporations, Joint Stock Associations, Firms and Individuals Doing Express Business.- Filing of tariff schedules. Filing Order No. 54, issued October 24, 1907. p. 714, 1907 Rep. Brooklyn Heights Railroad Company.- Excessive speed, Flatbush avenue hill. Complaint Order No. 55, issued October 28, 1907, p. 715, 1907 Rep. Brooklyn Union Elevated Railroad Company.- Inadequate service on Culver line to points beyond Kensington. Complaint Order No. 56, issued October 28, 1907, p. 715, 1907 Rep. Brooklyn Heights Railroad Company.- Improper use of "T” rail on Brighton Beach division, at Avenue C. Complaint Order No. 61, issued October 30, 1907, p. 718, 1907 Rep. Order No. 62. (See Order No. 7, page 11 herein.) Brooklyn Union Elevated Railroad Company.- Dripping water, terminal of Brooklyn Bridge at Sands street. Complaint Order No. 622, issued November 1, 1907, p. 718, 1907 Rep. Letter received from Company explaining that matter complained of had been called to attention of Department of Bridges. Order No. 63. (See Order No. 7, page 11 herein.) |