Numerous applications have been made to the Board and much time and attention has been devoted to the investigation of the merits of the change in each particular case.

Your attention is drawn to the decisions of the Board in the application of the Third Avenue railroad of the city of New York, for the approval of a change of motive power from horses to cable, and those of the Utica Belt Line, and the Troy and Lansingburgh railroad companies for the change from horses to electricity.

The application of electricity, either by storage batteries or by transmission by overhead wires, has been greatly perfected within the last year.

The method by storage batteries within the cars has many obvious advantages. Each car is independent and under the complete control of the brakeman. It appears to be somewhat expensive, however, and not well adapted to roads with continuous steep grades.

The overhead trolley system has been put in operation in a number of the cities of the State. It appears to be working satisfactorily. There are certain dangers and objections to it, however, which should be carefully considered before it is adopted. The Board repeats its language used in the case of the application of the Utica Belt Line Railroad Company: "A tremendous energy is invoked; the cars are enabled to run at a very high rate of speed, and certain dangers undoubtedly occur that should be carefully guarded against, and city authorities should see to it that a higher rate of speed than that consistent with safety to the street traveler should not under any circumstances be permitted; that at least two men should be put on every car, viz.: A brakeman or driver, and a conductor. No car propelled by electricity should be permitted to run with less.

"The erection of poles, too, with the transverse wires to a greater or less extent impairs the use and appearance of the streets, and the railroad company should be required to erect sightly poles, and high enough to permit all vehicles to pass with their loads under the wires stretched across the street."

In the application of the Troy and Lansingburgh railroad it was developed that the high tension currents of the railroad company seriously interfere with the delicate currents on the wires of the

telephone companies, either by leakage, i. e., conduction, or by induction in consequence of the proximity of the wires of the railroad company to those of the telephone company.

The decisions of the Board in these cases are printed in full on pp. 107 to 126 of the Appendix, to which your attention is called.

The statute provides that in addition to the approval of the Board of Railroad Commissioners to change of motive power, the consents by the owners of one-half in value of the property bounded on that portion of a railroad as to which a change of motive power is proposed shall be obtained, or, in case the consent of the property owners cannot be obtained, then the determination of three disinterested commissioners appointed by the General Term of the Supreme Court, confirmed by said court, shall be taken in lieu of the consent of said property owners.

The Board has made it a condition precedent to its approval, that the consents of the abutting property holders should first be obtained. A case of appeal to commissioners appointed by the court has not as yet come before the Board.

COMPLETION OF ROADS BY REORGANIZED COMPANIES.

A statute was passed last year, being chapter 236 of the Laws of 1889, amending chapter 430 of the Laws of 1874, known as the reorganization act, by adding the following section:*

"Nothing herein contained shall be construed to compel a corporation organized under this act to extend its road beyond the portion thereof constructed at the time said corporation acquired the title to such railroad property and franchise, provided the Board of Railroad Commissioners of the State shall certify that in their opinion the public interests under all the circumstances do not require such extension."

This statute was passed in consequence of a doubt existing as to whether the obligation resting upon a railroad corporation to complete its road as laid out in the original articles of association passed through foreclosure proceedings to the individual or corporation purchasing the property and franchise of the bankrupt corporation.

The statute was a very necessary one to relieve many of the corporations of the State from obligations which would be in many cases intolerable. There are many instances where part of a railroad has been built, the corporation has failed and another

corporation has bought a portion of the constructed line as a link in its own chain. For instance, at the time the West Shore railroad was built, it found pieces of defunct road in various parts of the State which it could apply to complete its own line. If it had been required, however, to complete the entire road of each one of these pieces as laid out in the original articles of association, it would not have dared to have purchased them. So it is with many other railroads. It is doubtless the fact to day, that if the obligation should rest upon all railroad corporations to finish entirely the roads of defunct corporations, part of which they may have bought in at the time of building their roads, there would not be a charter in the State but what would be liable to suit for forfeiture.

The only application thus far made to the Board, however, under this act, is that of the Ulster and Delaware Railroad Company, to which your attention is directed on p. 82 of the Appendix.

Numerous applications have been made to the Board for approval of increase of capital stock, and for permission to cease operations during the winter months, under the provisions of the respective statutes in regard thereto. The determinations are set forth in full in the Appendix at pp. 98 to 106.

PHYSICAL CONDITION OF RAILROADS.

The reports of the inspector, to which your attention is directed on pp. 185 to 225 of the Appendix, show that the physical condition of the railroads of the State is improving each year. There is still room for improvement upon many of them, but the marked nature of that which has already taken place since the creation of the Board is a subject of gratifying comment.

HEATING CARS.

Heating cars by steam from the locomotive is now an accomplished fact in the State of New York.

The time within which this Board, for reasons shown, could extend the date for heating other than by stove or furnace, expired upon the first of November, 1889.

The system works fairly well only.

The temperature of the steam is so high and the pipes get hot so quickly if the valves are much opened, that the utmost care is necessary upon the part of the trainmen to keep an even or a comfortable temperature.

The language of last year's Report on this subject is again repeated:

"The Board can not dismiss this subject without expressing regret that in the adoption of a steam-heating method, so little attention has been paid to ventilation. It is a common, nay, almost universal, complaint of those who travel, that the temperature of the cars is either kept so high as to be intolerably oppressive or allowed to fall so low as to be uncomfortably cold.

"Had the suggestion of the Board been adopted, so often and urgently made, viz.: To introduce fresh cold air from the outside, pass it over coils of pipe in the ends of the car, thence into the car through flues in the angle between the floor and sides, such air being kept warm during its passage by the pipes already there, the serious discomfort and detriment to health, incident to bad air and alternations of extreme heat and cold, would have been avoided.

"As it is, however, no provision has been made for ventilation except by opening a window. This induces a draft upon those in the immediate vicinity, resulting in complaints to the trainmen and conductor, and finally in the sealing up of the car with little or no ventilation whatever.

"The Board deems, in view of the great discomfort and injury to health incident to the extreme alternations of temperature, that a thermometer should be placed in each car and instructions be given to the trainmen, and those charged with maintaining the temperature, to keep it as nearly as possible at the point of seventy degrees, and that such thermometer be compared from time to time with a standard, in order to insure its correct register."

LEGISLATION.

The act creating the Commission makes it its specific duty to recommend to the Legislature such laws or amendments to the present laws as the experience of the Commission may show to be necessary or expedient for the benefit of the public.

This duty the Commission has conscientiously performed, with most discouraging results.

During the seven years of its existence it has repeatedly called the attention of the Legislature to the defects in the law out of which grievances and even scandals have grown and continue to exist. It has carefully drafted bills which have been introduced by the chairmen of the respective railroad committees of the

House and Senate. These measures have been advocated by the Commission before the respective committees. They have received the approval of the press, commercial bodies and numerous individual citizens, but not that of the Legislature.

Under these circumstances the Board deems that to again introduce them without the request either of the committees themselves or of some individual member of the Legislature who would advocate them upon the floor, would be useless and futile.

The Board, however, again earnestly recommends the measures to the attention of the Legislature. A full exposition thereof is given on pages xxi to xxxii of the last Annual Report of the Board. The measures are, in brief, as follows:

First. An amendment to the act creating the Board of Railroad Commissioners, providing that the recommendations thereof may Be reviewed by the courts, and when found just and reasonable enforced by mandamus or other appropriate action, subject to appeal in the usual way..

This measure has been recommended by numerous individuals, organized commercial bodies, the press, the Chamber of Commerce of the State of New York, two Attorney-Generals, and the Court of Appeals. It is absolutely necessary to enable the Board to redress many of the grievances which come before it, for which there is no other redress and in the nature of things cannot be. Second. An act to amend section 24 of the General Railroad Act with regard to grade crossings. It has three objects in view: 1. To prevent railroads hereafter constructed from crossing highways at grade.

2. To prevent new highways being opened over railroads at grade.

3. To provide for the separation of grades between railroads and highways at present grade crossings.

These provisions are so desirable that it would seem to be unnecessary to enter into a discussion of their merits.

The bill is carefully prepared, so that action may be begun by aggrieved parties. Provision is made for the interests of abutting property holders.

This measure, or some kindred one, is absolutely necessary to do away with the constant dangers and intolerable inconveniences