IV. · REPORT OF THE BOARD ON THE BILL ENTITLED "AN ACT TO EXTEND THE EXISTENCE OF STREET SURFACE RAILROADS OWNING LEASED OR CONNECTING RAILROADS," REFERRED TO IT BY THE GOVERNOR. To the Governor of the State of New York: ALBANY, April 9, 1889. The Board herewith respectfully returns a letter from Mr. David C. Robinson, accompanying a bill entitled "An act to extend the existence of street surface railroads owning leased or connecting railroads." Section one of the bill provides: "Whenever any street surface railroad company, organized by special legislative act prior to the first day of January, 1884, shall have leased another street surface railroad heretofore organized for the term of the corporate existence of such leased railroad and shall have connected its tracks with those of such leased railroad and the charter of such leased railroad shall be of longer duration than that of the railroad corporation holding such lease, it shall be lawful for the directors of such leasing company, or a majority of them, to file in the office of the Secretary of State a declaration of the desire and intention of such railroad corporation to extend its charter to conform in duration to that of such leased railroad corporation." Section five of chapter 697, Laws of 1886, already provides a method for the extension of corporate existence in all cases. The section reads as follows: "The continuance of any railroad corporation now existing or hereafter to be formed under the laws of this Siate may be extended beyond the time named for that purpose in its act or acts of incorporation, or in the articles of association of such corporation, by the filing in the office of the Secretary of State a certificate of consent to such extension, signed by the holders of two-thirds in amount of the stock held by the stockholders of such corporation; and in every case where such consent has been or shall be so filed, the term of existence of such corporation is hereby extended and declared to be extended for the period designated in such certificate, and each such corporation shall, from the period named in such certificate, possess and enjoy all the rights, privileges and franchises enjoyed or exercised by such corporation at the time such certificate was or shall be so filed." Inasmuch as the above law provides for the extension of corporate existence, the Board sees no reason why a special act should be passed applicable only to certain favored railroads. The fact that one of the railroads contemplated in the proposed act is the lessor or lessee of another company, and that the charter of one expires before that of the other would have no effect upon its exercising the privileges conferred by the act hereinbefore quoted. The Board deems that the act is applicable to street railway corporations for the following reasons: First. Section five of chapter 697 of the Laws of 1886, before it was amended by chapter 240 of the Laws of 1874, read, "Any company heretofore formed or hereafter to be formed under the provisions of an act entitled 'An act to authorize the formation of railroad corpora tions and to regulate the same,' passed April the second, 1850, or the acts amendatory thereof," etc. Chapter 240 of the Laws of 1874, amended the section so as to read as follows: The continuance of any railroad corporation now existing or hereafter to be formed under the laws of this State may be extended," etc. It was evidently, therefore, the intention of the Legislature to bring all railroad corporations under the operation of this act. Second. Section one of the General Street Railroad Act, viz., chapter 252 of the Laws of 1884, specifically recognizes the applicability of the General Railroad Act to street railroads, except where such applicability is modified by the street railroad act. Inasmuch as there is no provision made in the General Street Railroad Act for the extension of the corporate existence of street railroads it is evident that it was the intention of its framers and of the Legislature to have the provisions of the General Act with regard to extension apply to street railroads. For the above reasons the Board sees no necessity for the proposed bill becoming a law. By the Board. WILLIAM C. HUDSON, Secretary. V. REPORT OF THE BOARD ON THE BILL ENTITLED "AN ACT TO LEGALIZE AND CONFIRM THE MERGER AND CONSOLIDATION OF THE WASHINGTON STREET AND STATE ASYLUM RAILROAD COMPANY AND THE PARK AVENUE RAILROAD COMPANY INTO THE WASHINGTON STREET, ASYLUM AND PARK AVENUE RAILROAD COMPANY, IN THE CITY OF BINGHAMTON," REFERRED TO IT BY THE Governor. ALBANY, April 10, 1889. To the Governor of the State of New York: The Board here with respectfully returns "An act to legalize and confirm the merger and consolidation of the Washington Street and State Asylum Railroad Company and the Park Avenue Railroad Company into the Washington Street, Asylum and Park Railroad Company, in the city of Binghamton," referred to this Board for a report. It appears that these two companies were merged and consolidated in accordance with an agreement and certificate filed in the office of the Secretary of State October the 4th, 1887. The merger and consolidation was attempted to be effected under the provisions of chapter 108 of the Laws of 1875, as amended by chapter 387 of the Laws of 1883. Section one of that act provides, 'In any case where two or more railroad companies shall have been or shall hereafter be organized under the laws of this State * * * the said companies may consolidate their lines of roads * * according to the existing laws of this State relating to the consolidation of railroad companies." The Board is informed by O. W. Chapman, Esq., counsel to the corporation, that Judge Charles E. Baker has recently decided, in a suit of the consolidated company against the Syracuse and Binghamton railroad, that the original companies had no authority to merge or consolidate under said chapter 108 of the Laws of 1875. The Board has not seen the decision, but it presumes that it is based upon the fact that said law of 1875 provides that companies may consolidate according to the existing laws of this State relating to the consolidation of railroad companies," and that chapter 917 of the Laws of 1869, which is the law with regard to consolidations, prohibits the application of the law to street railroads in section seven of that act. Such being the case, there seems to be good reason why the consolidation of these companies, which doubtless was attempted in good faith and without detriment to public interests, should be permitted to stand, inasmuch as bonds have been issued and other action taken, based upon the legality of such consolidation. to In consequence of the decision above quoted, there appears to be no law authorizing the consolidation of street railroad companies. The Board, however, deems that it is proper to call your attention section 18 of article three of the Constitution of the State, which prohibits the Legislature passing any private or local bill "granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever." The question arises whether granting this privilege to these companies to consolidate is of such a nature as to contravene the above quoted prohibition of the Constitution; if not, the Board deems that the bill could receive Executive approval without detriment to public interests. By the Board. WILLIAM C. HUDSON, Secretary. VI. REPORT OF THE BOARD ON THE BILL ENTITLED "AN ACT TO AMEND CHAPTER 654, Laws of 1869, ENTITLED 'AN ACT AUTHORIZING THE CONSTRUCTION OF A RAILROAD THROUGH CERTAIN STREETS AND ROADS IN THE TOWN OF POUGHKEEPSIE, IN THE COUNTY OF DUTCHESS,' REFERRED TO IT BY THE GOVERNOR. To the Governor of the State of New York: ALBANY, April 10, 1889. The Board herewith respectfully returns Assembly bill entitled "An act to amend chapter 654 of the Laws of 1869, entitled 'An act authorizing the construction of a railroad through certain streets in the city of Poughkeepsie, and through certain streets and roads in the town of Poughkeepsie, in the county of Dutchess."" The original act which this bill amends authorized the construction of a street railroad in Poughkeepsie. Section six of the act provided: "the cars to be used on said railroad shall be drawn by animal power and shall be run as often as public interests may require." The bill under consideration amends said section six as follows: "The cars to be used on said road shall be drawn by animal power or propelled by such other power as the common council of said city and the highway commissioners of the town of Poughkeepsie shall approve, and shall be run as often as the public interests may require.' It will thus be seen that the proposed measure would enable this street railroad company to use locomotive power or any other motive power it might desire with the consent of the common council and the highway commissioners of the town of Poughkeepsie. The General Street Railroad Act, viz., chapter 252 of the Laws of 1884, in section 12, provides that "any street surface railway company may, in any case, operate any portion of its road by animal or horse power, or by any power other than locomotive steam power which may be consented to by the local authorities and by a majority of the property owners obtained in accordance with sections three and four of this act." Chapter 432 of the Laws of 1873 provides: "The mayor and common council of any city and board of trustees of any village, and as to streets and roads outside of any such city or village, the board of supervisors of any county of this State are hereby authorized to permit the use of any improved motive power or motor for the traction or propelling of cars on any city or street railroad which is or may be constructed and operated by horse power within their respective jurisdiction; such permission to be subject to such restrictions, regulations and conditions as the said local authorities may impose and subject to revocation at any time by the authority granting the same by a two-thirds vote of its members." In view of the existence of these two general laws the Board sees no necessity for the passage of this special act, even if it did not contravene section 18 of the Constitution of the State prohibiting the granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. By the Board. WILLIAM C. HUDSON, Secretary. VII. REPORT OF THE BOARD ON THE BILL ENTITLED "AN ACT TO AMEND SECTION 422 OF CHAPTER 676, LAWS OF 1881, ENTITLED 'AN ACT TO ESTABLISH A PENAL CODE,' RELATING TO POSITION OF CARS IN PASSENGER TRAINS," REFERRED TO IT BY THE GOVERNOR. To the Governor of the State of New York: ALBANY, April 23, 1889. The Board herewith respectfully returns Senate bill (printed No. 538) entitled "An act to amend section 422 of chapter 676 of the Laws of the 1881, entitled 'An act to establish a Penal Code,' relating to position of cars in passenger trains." Section 422 of the Penal Code reads as follows: "A person being an officer or employee of a railway company who knowingly places, directs or suffers a baggage, freight, lumber, oil or merchandise car to be placed in rear of a car used for the conveyance of passengers in a railway train is guilty of a misdemeanor." The bill under consideration leaves out the words "baggage" and "merchandise " car. Should it become a law, the bill would, therefore, authorize a railroad in making up its trains to place a baggage car in the rear of passenger cars. Inasmuch as the words "merchandise car" are stricken out, the inference would be that merchandise cars could also be placed in rear of passenger cars. What the distinction is between a freight car which is prohibited from being so placed and a merchandise car which would thus be authorized to be so placed, the Board does not know, unless in the Penal Code the words "merchandise car" were used to include all classes of cars carrying merchandise as, for instance, coal cars, refrigerator cars, stock cars, etc. Inasmuch as the word "merchandise" is omitted from the bill under consideration leaving specific kind of cars in, viz.: Freight, lumber and oil cars, it might be claimed that a coal, refrigerator or stock car was a merchandise car, and, therefore, authorized under the proposed bill to be placed in rear of a passenger coach. If such construction could be drawn from the language, the bill would be a most dangerous one to be enacted into law. It may be proper to remind you that the object of this original act prohibiting freight cars, etc., being put in rear of passenger cars was to promote the safety of travel. Inasmuch as freight, lumber, oil and merchandise cars are not equipped with air-brakes, the danger in a collision of a passenger car in front of them being crushed to pieces by them would be very great. The Board has been led to understand that the original object in introducing this bill was to permit baggage cars that have not been equipped with steam pipes to be placed in rear of passenger cars that were thus equipped, thus enabling a train to be heated by steam, even if the baggage car was not so equipped. If this were all the bill effected, there could be no reasonable objection to it. The elimination of the words "merchandise car," however, leading to a possible construction that any kind of car, such as coal cars, refrigerator cars, stock cars, etc., other than those specifically prohibited, might be placed in rear of a passenger car raises an objection to the bill which the Board deems very serious. By the Board. WILLIAM C. HUDSON, Secretary. VIII. REPORT OF THE BOARD ON THE BILL ENTITLED "AN ACT TO INCORPORATE THE NEW YORK AND BROOKLYN TUNNEL COMPANY," REFERRED TO IT BY THE GOVERNOR. To the Governor of the State of New York: ALBANY, May 8, 1889. The Board herewith respectfully returns Senate bill (printed No. 356), entitled "An act to incorporate the New York and Brooklyn Tunnel Company." This bill provides for the creation of a corporation having a stock of $12,000,000, divided into 120,000 shares of $100 each, to build a tunnel from a point at or near the intersection of Battery place and |