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The other reasons given in the report, although helping to illustrate the situation, are not in my mind controlling on the question of whether the city should buy and obtain the great advantages to Queens that would follow. The Queensboro Bridge means five cents fare from Queens to Manhattan and five cents more to any traffic center of Manhattan. Non-purchase means either eight or ten cents fare to the Grand Central station. Purchase by the city on proper terms means the benefit of a five-cent fare between the Grand Central station and an immense undeveloped area lying only half as far away as the densely populated districts to the north. This would still mean five cents extra to those who desired to ride further than Grand Central station.

The unsymmetrical development of the city is uneconomical and by causing long hauls makes transportation expensive. In the long run the city as a whole pays the loss. The operation of every non-sustaining subway and elevated branch now in existence is indirectly a subsidizing by the city of the locality benefited. This is because the city compels the companies to make the short hauls pay for the loss on the long hauls.

The right policy is to make the city grow round instead of long. A circle comprises the greatest area with the shortest distances to the center. I know of no way that the city could secure a better return for money spent in properly housing its population than to secure quick and cheap transportation to Queens county. It is not generally known that there are more acres of land in the borough of Queens within ten miles of the Grand Central station than in any other borough not excepting Manhattan itself. The benefit of a plan giving five cents fare to Queens would be spread out over an immense area traversed by a network of surface lines instead of a single narrow strip benefited by a subway. Furthermore, a most important consideration is the manner in which this tunnel can be made available in the future comprehensive subway system of the city so that the highly remunerative traffic of lower New York could help to support the less remunerative portion under the East river and in Queens, the same as now the southerly portion of the Manhattan subway supports the less remunerative branches to the far north.

CASE No. 1029.
December 31, 1908.

Resolved, That the proposition offered by the Interborough Rapid Transit Company under date of February 27th, 1908, for the purchase by the city of the tunnel railroad of the New York and Long Island Railroad Company, extending from Forty-second street and Fourth avenue, in the borough of Manhattan, under Forty-second street to the East river and under the_East_river and private prop erty to Fourth street, Long Island City, and under Fourth street to East avenue, is hereby declined.

SAFETY PRECAUTIONS AND DEVICES.

Brooklyn Union Elevated Railroad Company.- Gates at Fresh Pond road on Lutheran cemetery line.

In the Matter
of

Regulations, practices and service of the BROOK-
LYN UNION ELEVATED RAILROAD COM-
PANY.

"Gates at Fresh Pond road on Lutheran Cemetery line."

EXTENSION ORDER
No. 263.
February 14, 1908.

An order of the Commission, No. 153, having been made herein on the 11th day of December, 1907, directing the Brooklyn Union Elevated Railroad Company to

complete the gates in course of construction at the crossing of its Lutheran Ceme tery line at Fresh Pond road and to put said gates in actual operation on or before the 10th day of February, 1908, and the said company having applied in writing on February 11th, 1908, for an extension of such time,

Ordered, That the time of the Brooklyn Union Elevated Railroad Company within which to complete and put in operation the gates above mentioned be, and the same hereby is, extended to and including the 20th day of February, 1908.

Central Park, North and East River Railroad Company.Guard rails on horse cars used on the "Belt Line."

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It is hereby ordered, That a hearing be had on the 14th day of August, 1908, at 2:30 o'clock in the afternoon or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau street, borough of Manhattan, city of New York, State of New York, to inquire whether the regulations, practices, equipment, appliances or service of the Central Park, North and East River Railroad Company in respect to transportation of persons in the First District are unreasonable, unsafe, improper or inadequate, as hereinafter set forth, and whether changes, Improvements and additions thereto ought reasonably to be made in the manner below set forth, in order to promote the security and convenience of the public or in order to secure adequate service and facilities for the transportation of passengers, and if such be found to be the fact, then to determine whether a change, addition and improvement in the regulations, practices, equipment, appliances and service of the said company as hereinafter set forth are such as will be reasonable, safe, adequate and proper and ought reasonably to be made in order to promote the safety and convenience of the public and employees of the railroad, or in order to secure adequate service or facilities for the transportation of passengers, that is to say:

Whether the following changes, improvements and additions should be put into effect:

1. That the Central Park, North and East River Railroad Company install, maintain and operate on every horse car in use suitable guard rails so arranged as to prevent passengers entering or leaving the car except on one side at any given time.

2. That the Central Park, North and East River Railroad Company be required to enforce a rule requiring passengers to enter or leave its horse cars only on the right-hand side.

And if any such regulations, changes, improvements and additions be found to be such as ought to be made as aforesaid, then to determine the details of such changes, improvements and additions and to determine what period would be a reasonable time within which the same should be directed and executed.

All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable.

Further ordered, That the Central Park, North and East River Railroad Company be given at least five days' notice of such hearing, by service upon it either personally or by mail, of a certified copy of this order and that at such hearing said company be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid.

Hearing held August 14th.

ORDER No. 694.
August 25, 1908.

Whereas, heretofore and on the 7th day of August, 1908, Order No. 668 was made and served upon the Central Park, North and East River Railroad Company to bring on for hearing the following matters:

1. Whether said railroad company should be required to install, maintain and operate on every horse car in use suitable guard rails so arranged as to prevent passengers entering or leaving the car except on one side at any given time; and

2. Whether said railroad company should be required to enforce a rule requiring passengers to enter or leave its horse cars only on the right-hand side; and Whereas, upon a hearing duly had in said matter it appeared that the horse cars mentioned were the property of the Metropolitan Street Railway Company, of which Adrian H. Joline and Douglas Robinson are receivers, and that said cars are leased to and operated by the Central Park, North and East River Railroad Company under an agreement by the terms of which the said company assumes no liability for changes in or additions to said cars, and that any final order made as a result of said proceeding might therefore affect said Metropolitan Street Railway Company and its receivers; and

Whereas, said proceeding was duly adjourned to the 27th day of August, 1908. at 2:30 P. M., for the purpose of enabling the Commission to bring in said Metropolitan Street Railway Company and its receivers as parties to said proceeding;

Now, therefore, resolved, That said Metropolitan Street Railway Company and said Adrian H. Joline and Douglas Robinson, as receivers of said company, be given at least one day's notice of said adjourned date of said proceeding by service on them and each of them of a certified copy of this resolution, and that said proceeding be continued on and after this date in the same manner and to the same effect as if said original Order No. 668 had been directed to and served upon the said Metropolitan Street Railway Company and said Adrian H. Joline and Douglas Robinson, as receivers of said company.

Hearings were held August 14th, 21st and 27th.

The following final order was issued:

FINAL ORDER No. 709.

September 1, 1908.

This matter coming on upon the report of the hearing had herein on the 14th day of August, 1908, the 21st day of August, 1908, and the 27th day of August, 1908; and it appearing that said hearing was had by and before the Commission, pursuant to Hearing Order No. 668, issued upon motion of the Commission on August 7th, 1908, and returnable on the 14th day of August, 1908; and it appearIng that said order was duly served upon said Central Park, North and East River Railroad Company on the 10th day of August, 1908; and it appearing that said hearing was had by and before the Commission on the matters embraced in said Hearing Order No. 668, on the aforesaid dates, before Mr. Commissioner Eustis, presiding, Harry M. Chamberlain, Esq., acting counsel, appearing for the Commission, and A. H. Vanderpool, Esq., attorney, appearing for said railroad company; and it having been made to appear after the proceedings on said hearing that the equipment and service of said Central Park, North and East River Railroad Company are unsafe, improper and inadequate in that the open horse cars operated by said company upon its line known as the "belt line," in the borough of Manhattan, city and State of New York, are not equipped with guard rails and no guard rails are in use on said cars, and passengers are permitted to enter or leave the cars on both sides thereof; and that it would be just, reasonable and proper to require said Company not to operate on said line any open horse cars save those equipped with such guard rails and to use such rails on said cars in such a way as to prevent passengers entering or leaving the cars except on one side, at any given time, and to make and enforce a rule requiring passengers to enter or leave its horse cars only on the right hand side; and it having been made to appear that it would be reasonable to require that such equipment and service should be used and maintained and such rule enforced by said company on and after the 1st day of November, 1908, and until further order of the Commission, Now on motion of George S. Coleman, Esq., counsel to the Commission, it is, Ordered, (1) That said Central Park, North and East River Railroad Company be and it hereby is directed and required

(a) Not to use and operate upon its line known as the "belt line," in the borough of Manhattan, city and State of New York, any open horse cars save those which are equipped with guard rails, so arranged as to prevent passengers entering or leaving the cars except on one side, at any given time: and (b) To make and enforce a rule requiring passengers to enter or leave its horse cars on said line only on the right hand side.

(2) It is further ordered, That this order shall take effect on November 1, 1908, and shall continue in force thereafter until such time as the Public Service Commission for the First District shall otherwise order.

(3) It is further ordered, That said Central Park. North and East River Railroad Company notify the Public Service Commission for the First District within five days after service of this order upon it whether the terms of this order are accepted and will be obeyed.

Interborough Rapid Transit Company.- Tools for use in case

of accident.

Opinion of Commissioner Eustis.
Dismissal order 232.

*It is inadvisable to require tools for use in case of accident on cars of the subway.

Subdivision 6 of section 49 of the Railroad Law applies only to steam railroads.] *See footnote, page 9.

COMMISSIONER EUSTIS:

OPINION OF COMMISSION,
(Adopted January 31, 1908.)

The undersigned, to whom was referred the complaint against the Interborough Rapid Transit Company for the lack of tools for use in case of accident on the cars of the subway, begs to report as follows:

This hearing was given to ascertain whether the Interborough Company were complying with the law in running their cars without a kit of tools in each car, as provided in subdivision 6 of section 49 of the Railroad Law, and also whether they were complying with the terms of their contract with the city, which required them to operate the railroad carefully and skillfully according to the highest known standards of railway operation.

It appeared upon the hearing that the railway company maintained complete wrecking outfits, consisting of rerailing, frogs, jacks, chains, block and fall, wrenches, bars, wedges, etc., at eight different stations along the main line at six of the stations on the Broadway line north of One Hundredth street, and at six of the stations on the Lenox avenue line north of One Hundred and Tenth street, and that also at every station emergency tool kits were contained, such as handsaws, hack-saws, axes, chisels, bars, wrenches, pliers, etc., and that in the judgment of the management of the railroad, the tools provided at such stations would be far safer and better for use in the case of any accident than would be the case if tools were carried in the cars. I am of the opinion that they are correct in their judgment, in view of the fact that during the crowded rush hours it would be impossible to handle the tools in any of their cars even if they were there, and better service could be secured with the tools if they were brought from a nearby station and used by experienced persons. It must not be forgotton that many of the cars in use on this road are of steel construction, and the tools are of steel, and there is grave danger from the live third rail, especially if such tools were handled by inexperienced persons.

It is my opinion that subdivision 6 of section 49 of the Railroad Law was not intended to apply to an electric city railroad, but to steam railroads.

I would, therefore, recommend that the complaint be dismissed.

Thereupon the following dismissal order was issued:

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This matter coming on upon the report of the hearing had herein on January 23, 1908, and it appearing that the said hearing was held by and pursuant to an order of this Commission, No. 162. made the 20th day of December, 1907, to inquire whether the regulations, equipment and appliances of the Interborough Rapid Transit Company in respect to transportation of persons in the First District were unsafe, improper or inadequate and it further appearing that the said order was duly served upon the Interborough Rapid Transit Company and that the said service was by said Company duly acknowledged and that the said hearing was held by and before the Commission on the matters in said order for hearing specified on January 23, 1908, at which hearing Mr. Commissioner Eustis presided and Alfred E. Mudge, Esq., appearing for the Interborough Rapid Transit Company and Arthur DuBois, Esq., Assistant Counsel, appearing for the Public Service Commission for the First District,

Now, on motion of George S. Coleman, Esq., Counsel to the Commission, it is Ordered, That the said proceedings be dismissed without prejudice to an order for further or additional hearings and action thereon by the Commission in respect of any matters covered by said order for Hearing No. 162 or the proceedings

thereon.

Long Island Railroad Company.- Lack of gates at Twentysecond street crossing, College Point.

COMPLAINT OF WILLIAM KLIEN

against

LONG ISLAND RAILROAD COMPANY.

Complaint Order No. 322 (see form, note 1) issued March 10th.

The company answered March 19th and instead of gates which the complaint alleged were necessary suggested the use of a warning bell which it agreed to install if required. The complainant having stated that a warning bell would be satisfactory to him, the Commission directed the installation of such warning bell.

Long Island Railroad Company.- Safety precautions at the grade crossing at Fresh Pond road and Sherman street, borough of Queens.

Hearing Order No. 283.

Opinion of Commissioner Bassett.
Final Order No. 364.

In the Matter
of the

Hearing on the motion of the Commission on the question of improvement in an addition to the service of the LONG ISLAND RAILROAD COMPANY, in respect to safety precautions at the grade crossing at Fresh Pond road and Sherman street, borough of Queens, city of New York.

ORDER FOR HEARING
No. 283.

February 21, 1908.

It is hereby ordered, That a hearing be had on the 5th day of March, 1908, at 2:30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, Number 154 Nassau street, borough of Manhattan, city of New York, State of New York, to inquire whether the regulations, practices, equipment, appliances or service of the Long Island Railroad Company in respect to transportation of persons and property in the First District are unreasonable, unsafe, improper or inadequate as hereinafter set forth, and whether changes, improvement and additions thereto ought reasonably to be made in the manner below set forth, in order to promote the security and convenience of the public, or in order to secure adequate service and facilities for the transportation of passengers, and if such be found to be the fact then to determine whether a change, addition and improvement in the regulations, practices, equipment, appliances and service of said company as hereinafter set forth are such as will be reasonable, safe, adequate and proper and ought reasonably to be made in order to promote the safety and convenience of the public and employees of the railroad, or in order to secure adequate service or facilities for the transportation of passengers, that is to say:

Whether the following changes, additions and regulations should be put into effect:

That the Long Island Railroad Company install, maintain and operate suitable gates. and such other safety precautions as the Commission may deem necessary, for the protection of the public at the grade crossing at the junction of Fresh Pond road and Sherman street, borough of Queens, city of New York.

And if any such regulations, changes, improvements and additions be found to be such as ought to be made as aforesaid. then to determine the details of such changes, improvements and additions and to determine what period would be a reasonable time within which the same should be directed and executed,

All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable.

Further ordered, That the said Long Island Railroad Company be given at least ten days' notice of such hearing, by service upon it, either personally or by mail, of a certified copy of this order, and that at such hearing said company be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid.

Hearings were held March 5th and 13th.

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