The Witness. Also the certificate dated March 19, 1913, granted to the Manhattan Railway Company by the Public Service Commission for the first district, for third-tracking, additional third tracks on the Manhattan Elevated Rapid Transit Railroad, together with a modification of that certificate dated May 22, 1914.

Mr. Burr. Mark those, please.

(Certificate and modification marked Exhibit Nos. 9 and 10 of this date.)

The Witness. Also the trackage agreements, the one between the City of New York and Interborough Rapid Transit Company with respect to trackage rights to the Manhattan Railway Company on the Seventh Avenue-Lexington Avenue line, White Plains Road line and Steinway Tunnel line, certificate being dated March 19, 1913.

(Certificate marked Exhibit No. 11 of this date.)

The Witness. Also the trackage or supplementary agreement for trackage rights over the Steinway Tunnel line, pursuant to the agreement dated March 19, 1913, between the City, the Interborough Rapid Transit Company and the Municipal Railway Corporation.

(Paper marked Exhibit No. 12 of this date.)

The Witness. Also the stipulation dated June 3, 1918, between the City of New York and the Interborough Rapid Transit Company relative to the beginning of operation under the lease contract No. 3.

(Paper marked Exhibit No. 13 of this date.)

Q. What was that last date, Mr Fullen? A. June 3, 1918. Also a copy of the bond for contribution, equipment, maintenance and operation under contract No. 3, bond being dated April 3, 1919. The Interborough is principal and there are several Surety Companies.

(Paper marked Exhibit No. 14 of this date.)

The Witness. Also a copy of the first and refunding mortgage securing $300,000,000 five per cent. gold bonds dated January 1, 1913, Interborough Rapid Transit Company to Guaranty Trust Company of New York as Trustee. The instrument is dated March 20, 1913.

(Paper marked Exhibit No. 15 of this date.)

The Witness. Also a copy of the contract dated March 19, 1913-do you want to go into contract 4?

Q. Yes.

A. Between the City of New York acting by the Public Service Commission for the first district and the New York Municipal Railway corporation, together with modifications of that contract to date.

(Marked Exhibit No. 16 of this date.)

The Witness. Copy of the certificate dated March 19, 1913, granted by the Public Service Commission for the first district to New York Municipal Railways Corporation for additional tracks on the Broadway, Fulton Street and Myrtle Avenue lines.

(Marked Exhibit No. 17 of this date.)

The Witness. Also the certificate dated March 19, 1913, granted by Public Service Commission for the first district to New York Municipal Railways Corporation, for extensions to the Jamaica Avenue line and the Liberty Avenue line.

(Marked Exhibit No. 18 of this date.)

The Witness. Also a copy of the first mortgage of New York Municipal Railways Corporation to the Central Trust Company of New York as Trustee. The instrument is dated July 1, 1912.

(Paper marked Exhibit No. 19 of this date.)

The Witness. The mortgage and deed of trust by the New York Consolidated Railroad Company to the Central Trust Company of New York as Trustee, the instrument being dated February 1, 1913.

(Paper was marked Exhibit No. 20 of this date.)

The Witness. The assignment and lease from New York Municipal Railway Corporation to New York Consolidated Railroad Company dated March 25, 1913.

(Paper marked Exhibit No. 21 of this date.)

The Witness. The operating contract between the New York Consolidated Railroad Company and the New York Municipal Railway Corporation, dated January 21, 1913.

(Paper marked Exhibit No. 22 of this date.)

The Witness. Those are all the documents that I have.

Q. Those are all the papers that you have in connection with contracts 1, 2, 3 and 4, subway contracts? A. Yes.

Mr. Burr. That is all, Mr. Fullen.

Mr. Riegelman.— Mr. Fullen, you have extra copies of all these, have you?

The Witness.- Yes.

Mr. Burr.— So that you could supply the Board?

The Witness. Yes, surely.

Mr. Riegelman.- You could supply us?

The Witness. Yes.

The Chairman. You can supply a complete set to the Board, can you, of these documents?

The Witness. Do you mean of all these documents?

The Chairman.— Yes.

The Witness. I am not so sure about the

Mr. Riegelman.--Just of the contracts.

The Witness. Yes, I believe they have been prepared for each member of the Board.

Mr. Curran.—If you have a set of the contracts that we might keep, then we could refer to the minutes as may be necessary.

The Chairman. Yes, we can do that.

The Witness. I think we can supply them.

Mr. Riegelman. So it won't be necessary to print these in the record.

The Chairman.— I wish you would do that so that the members of the Board could have them. I have them all here, but I mention that so that the other members of the Board may get copies of the contracts.

The Witness. Yes, Mr. Mayor.

Mr. Burr. I ask to have the proposals incorporated in the record, the proposals of John B. MacDonald and Mr. Onderdonk.

(The proposals follow at the close of this session's proceedings.)

Mr. Burr. You are going to supply each member of the Board with copies of those papers except the minutes?

The Witness. Yes, surely.

Mr. Burr.- Will you be good enough to supply me with a copy?

The Witness. Yes, surely.

The Chairman. And those parts of the minutes that are introduced in evidence here will be in the record.

Mr. Burr.— In the record. Now, I desire to call the attention of the Board especially to the definition of "equipment" as contained in the contract No. 1. That is at page 5, Paragraph ():

"The word equipment' to mean all equipment used or intended for use on the Railroad, including all motors, cars, whether used for passengers, freight, express or any other purpose, and all other rolling stock, all boilers, engines, wires, ways, conduits, mechanisms, machinery, power houses, all real estate

upon which any such power houses shall stand or which shall be necessary for the generation or transmission of motive power, and all tools, implements and devices of every nature whatsoever used for such generation or transmission of motive power, and also all apparatus and devices for lighting, signalling and ventilation,— whether such equipment be situate on or near or separate from the railway, provided that the same be used or intended for use in connection therewith or for any of its purposes, and including all such equipment in existence at any time during or at the end of the term of the Lease. Provided, however, that no real estate or rights therein or thereon paid for by the City or acquired for terminals, roadbed, stations or otherwise for construction of the Railroad shall be included in Equipment."

And on page 122 of this contract is required of the con

tractor,

"The Contractor shall, before the declaration of the Board that the railroad is ready for operation and before the Contractor shall be entitled to the final payment for construction, file with the Board of duplicate a true schedule of the Equipment of the Railroad. Such schedule shall be in detail and shall be prepared in such form as may be prescribed by the Board. After the operation of the Railroad shall have been begun the Contractor shall within thirty days after the first day of January and the first day of July respectively in each year file a like schedule showing in detail all of the equipment on such first day of January or first day of July respectively. Every such schedule shall be verified by the affidavit of the general manager or other officer of the Contractor who shall be in the general"

Did Mr. Fullen go, by the way? Excuse me. Did Mr. Fullen go?

Mr. Fullen. Here.

Mr. Burr.— I just want to at this point, after I finish this paragraph, ask you one more question.

"Every such schedule shall be verified by the affidavit of the general manager or other officer of the Contractor who shall be in