f. That the company provide and maintain in good condition on all of its cars in service, two head lights, of the type used upon the 15-bench open cars, numbered 71 to 90, on the Richmond Light and Railroad Company, or head lights of some other type of not less power that will not project from the, dash of the car further than those upon the 15-bench cars of the Richmond Light and Railroad Company, Nos. 71 to 90. g. That the company provide and maintain in good condition two sets of fenders, complete. upon each car in service. h. That the company provide and equip each car in service with proper lightning arrest equipment. j. That the company exercise care that trolley ropes are of sufficient length to permit of trolley wheel following the trolley wire at railway crossings. k. That no more overhead trolley wire of the size known as No. O be erected, but that all new wire construction and all repairs and replacing of old or worn wire be made with No. 00 wire. m. That the company carefully examine all wooden poles and change those that show a dangerous condition from decay or other cause and reset all poles that have excessive lean. o. That the company overhaul all sections of track now in such condition that cars cannot be operated at normal speed without severe oscillation, and make track suitable for satisfactory operation of 15-bench open cars. This refers particularly to all sections outside the paved streets. p. That the company exercise great care that all cars are properly equipped with sand box outfits and that they are at all times kept supplied with suitable sand. And it is further ordered. That this order shall take effect January 10, 1908, but the provisions in section 3 and its subdivisions shall be completed as soon as possible, but not later than May 15. 1908. This order shall continue in force for a period of two years from and after its date, but without prejudice to an order for further or additional hearings and action thereon by the Commission in respect of anything herein prescribed, or in respect of anything covered by the order for hearing herein prior to the expiration of said period of two years. And it is further ordered, That before January 10, 1908, the said Staten Island Midland Railway Company notify the Public Service Commission for the First District whether the terms of this order are accepted and will be obeyed. Upon application of the company the following rehearing order was issued: REHEARING ORDER No. 355. An order having been made and filed herein on January 4, 1908, No. 186, under and pursuant to an order for hearing made November 11, 1907, No. 76, and thereafter having been duly served upon the Staten Island Midland Railway Company, the same to take effect immediately, and in and by said order the said Staten Island Midland Railway Company having been required to notify this Commission before January 10, 1908, whether the terms of said Order No. 186 are accepted and will be obeyed, and the said Staten Island Midland Railway Company having, on March 12, 1908, applied to this Commission for a rehearing in respect to some of the matters contained in said Order No. 186, and sufficient reason for said rehearing being made to appear, on Ordered, That the said request for a rehearing be granted and that such rehearing upon the matters contained in said Order No. 186, entered and filed January 4, 1908, be held on the 25th 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, No. 154 Nassau street, borough of Manhattan, city and State of New York, to determine after such rehearing and after consideration of the facts, including those arising since the making of Order No. 186, whether the original Order No. 186 or any part thereof is in any respect unjust or unwarranted and whether the said Order No. 186 should in any respect, be abrogated, changed or modified, and if any such abrogation, changes or modifications are found to be such as ought to be made, then to determine the nature and extent of such changes or modifications of the said order and to determine the time of taking effect of the order as changed or modified. 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 Staten Island Midland Railway Company be given at least three days' notice of such rehearing by service upon it, either personally or by mail, of a certified copy of this order and that at such hearing the said company shall be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid. Hearing held March 25th. The following final order was issued: ORDER No. 378, MADE AFTER REHEARING. This matter coming on upon the report of the rehearing of Order No. 186. had herein on the 25th day of March, 1908, and it appearing that the said rehearing was held by and pursuant to an order of this Commission, dated March 20, 1908, No. 355, and returnable on the 25th day of March, 1908, and that the said order was duly served upon the Staten Island Midland Railway Company and that said service was by it duly acknowledged, and that the said rehearing was held by and before the Commission on the matters in said order for rehearing specified on March 25, 1908, before Mr. Commissioner McCarroll, presiding. Adrian H. Larkin, Esq., appearing for the Staten Island Midland Railway Company and Arthur DuBois, Esq., appearing for the Commission, and the said Staten Island Midland Railway Company having been afforded reasonable opportunity for presenting evidence and examining and cross-examining witnesses, and testimony having been taken, Now, after the proceeding upon said rehearing and after consideration of the facts, including those arising since the making of the order, the Commission being of opinion that the original Order No. 186 for the improvement in and additions to the service and equipment of the Staten Island Midland Railway Company should be changed and modified in certain particulars, Therefore, on motion of George S. Coleman, Esq., Counsel to the Commission, it is Ordered, That the Order No. 186, entered January 4, 1908, and directed to the improvement in and additions to the service and equipment of the Staten Island Midland Railway Company, be and the same is changed and modified to read as follows: ORDER No. 186. This matter coming on upon the report of the hearing had herein on the 21st day of November, 1907, and it appearing that the said hearing was held by and pursuant to an order of this Commission, made November 11, 1907, and returnable on November 21, 1907, and that the said order was duly served upon the Staten Island Midland Railway Company, and that the said service was by it duly acknowledged, and that the said hearing was held by and before the Commission on the matters in said order specified on November 21, 1907, and by an adjournment duly had on November 27, 1907, and by an adjournment duly had on December 4, 1907, and by an adjournment duly had on December 6, 1907, and by adjournment duly had on December 9, 1907, and by adjournment duly had on December 11, 1907, and by adjournment duly had on December 17, 1907, and by adjournment duly had on December 20, 1907, and by adjournment duly had on December 31, 1907, and by adjournment duly had again on December 31, 1907, and at all of said sessions Mr. Commissioner McCarroll presiding, and Abel E. Blackmar, Esq., Counsel to the Commission, appearing for the Commission at the session of November 21, 1907, Adrian H. Larkin, Esq., appearing for the Staten Island Midland Railway Company, and at all of the other sessions Arthur DuBois, Esq., appearing for the Commission and Adrian H. Larkin, Esq., appearing for the Staten Island Midland Railway Company, and proof having been taken at all of said sessions, except at the two sessions of December 31, 1907, Now, it being made to appear after the proceedings upon said hearing that changes, improvements and additions in and to the regulations, equipment, appliances and service of the Staten Island Midland Railway Company in respect to the transportation of persons in the First District upon its various lines ought reasonably to be made in the manner below set forth in order to promote the security or convenience of the public, or of its employees, or in order to secure adequate service and facilities for the transportation of passengers, and it being made to appear that the changes, additions and improvements in regulations, equipment, appliances and service of the said company, as below set forth, are such as are just, reasonable, safe, adequate and proper, and ought reasonably to be made in order to promote the security and convenience of the public and employees, Therefore, on motion of George S. Coleman, Esq., Counsel to the Commission, it is Ordered: 1. That the service of the Staten Island Midland Railway Company, on its Silver Lake line, be supplemented and changed so that daily, except Sundays, not less than two cars leave St. George within five minutes after the arrival of each ferry boat from Manhattan between the hours of 5 and 7 P. M. and run over Silver lake and Richmond turnpike route to Port Richmond. 2. That all cars signed to run to St. George or to the New York Ferry at St. George be actually run over the elevated structure to the entrance of the ferry and not stopped at Jay street. 3. b. That the company replace with new parts all broken, cracked or defective parts of the Bemis or St. Louis trucks now or recently in use under the closed car bodies number 150 to 163, inclusive, c. That the company pass through the shops, making every required repair, all the present open car bodies, trucks, equipment, turning them out in as perfect condition as possible before May 15, 1908. d. That the company provide and equip all cars in service with two new automatic circuit breakers of sufficient capacity and modern type, this work on all open cars to be completed by May 15, 1908, and on all closed cars by November 1. 1908. e. That the company provide and equip each of its cars in service with a gear case, for each motor thereon, and that each gear case shall at all times, be maintained with sufficient gear grease to reduce the noise made by the gear and pinion, to a minimum. The gear case should preferably be maintained half full of grease. f. That the company provide and maintain in good condition on all of its cars in service, two head lights. of the type used upon the fifteen-bench open cars, numbered 71 to 90, on the Richmond Light and Railroad Company, or head lights of some other type of not less power that will not project from the dash of the car further than those upon the fifteen bench cars of the Richmond Light and Railroad Company, Nos. 71 to 90. g. That the Company provide and maintain in good condition two sets of fenders, complete, upon each car in service. h. That the company provide and equip each car in service with proper lightning arrest equipment. J. That the company exercise care that trolley ropes are of sufficient length to permit of trolley wheel following the trolley wire at railway crossings. k. That no more overhead trolley wire of the size known as No. O be erected. but that all new wire construction and all repairs and replacing of old or worn wire be made with No. 00 wire. n. That the company carefully examine all wooden poles and change those that show a dangerous condition from decay or other cause and reset all poles that have excessive lean, o. That the company overhaul all sections of track now in such condition that cars cannot be operated at normal speed without severe oscillation, and make track suitable for satisfactory operation of fifteen-bench open cars. This refers particularly to all sections outside the paved streets. p. That the company exercise great care that all cars are properly equipped with sand box outfits and that all are at all times kept supplied with suitable sand. And it is further ordered, That this order shall take effect January 10, 1908, but the provisions in section 3 and its subdivisions, except d, shall be completed as soon as possible, but not later than May 15, 1908. This order shall continue in force for a period of two years from and after its date, but without prejudice to an order for further or additional hearings and action thereon by the Commission in respect of anything herein prescribed, or in respect of anything covered by the order for hearing herein prior to the expiration of said period of two years. And it is further ordered, That before January 10, 1908, the said Staten Island Midland Railway Company notify the Public Service Commission for the First District whether the terms of this order are accepted and will be obeyed. Upon application of the company the time for compliance with a part of the order was extended as appears by the following order: EXTENSION ORDER No. 496. May 15, 1908. An order, No. 378, having been made herein on or about the 27th day of March, 1908, ordering and directing, under the terms of section 3 (p) thereof, that the Staten Island Midland Railway Company, en or before the 15th day of May, 1908, equip all cars with sand box outfits, and the said Staten Island Midland Railway Company having, on the 14th day of May, 1908, applied in writing for an extension of such time within which to do the work above mentioned, Now, on motion made and duly seconded, it is Ordered, That the time of the Staten Island Midland Railway Company within which to equip all cars with sand box outfits, as called for by the terms of section 3 (p) of Order No. 378 above mentioned, be, and the same hereby is, extended to and including the 6th day of June, 1908. NUISANCES. Flatbush Gas Company.- Erection of a gas tank at Nostrand avenue and Winthrop street, Brooklyn. Complaint Order No. 534. Opinion of Commissioner Bassett. COMPLAINT OF CENTRAL FLATBUSH TAXPAY ERS' ASSOCIATION against FLATBUSH GAS COMPANY. Complaint Order No. 534 (see form, note 1) issued May 26th. Hearing Order No. 548 (see form, note 3) issued June 2d. Hearings were held June 10th, 22d and 24th. [The Commission does not have jurisdiction to prevent the erection of a gas holder in a residential locality.] See footnote, page 9. COMMISSIONER BASSETT :- OPINION OF COMMISSION. (Adopted June 23, 1908.) This is a complaint of residents and local property owners against the erection of a very large gasholder on the land of the defendant, in a locality claimed to be residential. No claim is made that the objection to this holder relates to the service provided by the gas company to its customers or the public. The complaint is based on the fact that the structure will injure the neighborhood both during its building and afterwards. If the proposed gasholder is a common law nuisance, the property owners may appeal to the State courts. If its building or maintenance will affect the health of the people of the locality the State or city board of health has undoubted jurisdiction. The welfare and convenience of the people in relation to gas companies is committed to the Public Service Commissions, but this has more espe cial reference to the public service performed, its adequacy, its quality and its price. The commission in conjunction with its legal department has been unable to discover that it has jurisdiction in this case. Let an order be prepared dismissing the complaint. Thereupon the following dismissal order was issued: A complaint having been duly made to the Commission by the Central Flatbush Taxpayers' Association by a petition in writing, wherein an order was requested directing The Flatbush Gas Company, its officers or agents, to take no further steps for the construction of a certain gas tank or holder, and a copy of said petition having been duly forwarded to The Flatbush Gas Company, the defendant, and an order of the Commission having been duly made on May 26, 1908. directing that the matters complained of be satisfied or answered by the defendant, and the defendant having duly filed its answer verified June 1, 1908, and an order having been made on the 2d day of June, 1908, directing that a hearing be had, and said hearing having been held on June 10, 1908, before Hon. Edward M. Bassett, Commissioner, and Mr. Louis Heaton Pink, Mr. Alexander McKinny and Mr. Andrew Colin, appearing as counsel for the complainant, and Mr. John J. Kuhn appearing as counsel for the defendant, and Mr. Henry H. Whitman, Assistant Counsel to the Commission attending, and the Commission being of the opinion after said hearing that the Commission has no jurisdiction to take any action in the premises, it is, on motion of Messrs. Dykman, Oeland and Kuhn, attorneys for the defendant. Ordered, That said complaint be and the same hereby is dismissed, and that this order be filed in the office of the Commission. Interborough Rapid Transit Company.- Smoke nuisance at power house at foot of West Fifty-ninth street. It is hereby ordered, that a hearing be had on the 15th day of June, 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 and State of New York, to inquire whether repairs or improvements to or changes in any motive power or other property or device used by the Interborough Rapid Transit Company at its power house at the foot of West Fifty-ninth street in or in connection with the transportation of passengers, freight, or property within the First District, ought reasonably to be made, or whether any additions should reasonably be made thereto in order to promote the security or convenience of the public or employees by obviating the emission of black smoke and gases from the power house above mentioned. And if such changes, improvements and additions, or any of them, be such as ought to be made as aforesaid, then to determine the extent thereof and what period would be a reasonable time within which the same ought to be directed to be 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 said Interborough Rapid Transit Company be given at least eight 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 herein before set forth. This matter was brought on for hearing after complaint made by Mr. Henry D. Hotchkiss. The complainant appeared on the hearing and gave testimony tending to show that the defendant company burned soft coal at its power house at the foot of West Fifty-ninth street and that in consequence thereof a large amount of smoke was emptied from the smoke stacks. Mr. Hotchkiss was of the opinion that the smoke could be prevented by the use of hard coal. The company admitted the use of soft coal but offered testimony to the effect that hard coal did not possess a sufficient amount of volatile matter to permit of its use for the company's purpose, namely, the running of trains in the subway. It was shown that owing to the fluctuating load caused by the varying demands of the traffic in the subway a fuel containing a large amount of volatile matter was required and that hard coal contained very little volatile matter, whereas soft coal contained a large amount of volatile matter. Mr. Stott, superintendent of motive power of the company, testified that at first the company attempted to use hard coal at this power house but that it was found to contain an insufficient amount of volatile matter and for this reason the company at great expense made such changes in the boilers as were necessary for the purpose of enabling it to use soft coal instead of hard coal and that the company has since used soft coal. He further testified that without the use of soft coal it would be impossible for the company to operate its road. It further appeared upon the hearing that the company is taking every precaution to prevent the emission of smoke and using the best devices known for the elimination of smoke, and that it is constantly experimenting with new devices for that purpose. In view of the facts mentioned and in view of the further fact that the complainant admits that there are other sources of smoke in the vicinity mentioned, I am of the opinion that the complaint should be dismissed. Thereupon the following dismissal order was issued: DISMISSAL ORDER No. 616. This matter coming on upon the report of the hearing had herein on June 15, 1908, and it appearing that said hearing was held pursuant to an order of this Commission. No. 553. made on the 5th day of June, 1908, and returnable on the 15th day of June, 1908, and it appearing that said order was issued upon motion of the Commission after the filing of the complaint of Henry D. Hotchkiss, Esq.. in regard to the emission of smoke at the power house of said company the foot of West Fifty-ninth street, and after the filing of the answer of said Interborough Rapid Transit Company thereto; and it appearing that said hearing order was duly served upon said Interborough Rapid Transit Company, and that the said service was by said company duly acknowledged; and it appearing that the said hearing was had by and before the Commission on the matters in said complaint, answer and order specified on the 15th day of June, 1908, before Mr. Commissioner Eustis presiding, Henry D. Hotchkiss, Esq., complainant, appearing in person, |