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Proceeding to the office of the Board of Railroad Commissioners, the Commission was informed by a former Clerk of the Board that the property had been turned over to the Public Service Commission for the Second District, as required by statute.

At that place the Commission organized, Commissioner Willcox having been appointed Chairman by Governor Hughes.

On motion of Commissioner McCarroll, seconded by Commissioner Eustis, Commissioner Maltbie was elected Secretary pro tem. to serve until the appointment of a Secretary by the Commission.

On motion of Commissioner Bassett, seconded by Commissioner McCarroll, it was voted that when the Commission adjourn, it adjourn to meet to-morrow, July 2, at 11.30 a. m.

On motion, the Commission adjourned.

(Signed)

MILO R. MALTBIE, Secretary pro tem.

Proceedings for Tuesday, July 2, 1907.

There were present-Chairman William R. Willcox, Commissioners Edward M. Bassett, Milo R. Maltbie, John E. Eustis.

After careful consideration of the many communications which had been received regarding the selection of a Secretary and of the various candidates, it was moved by Commissioner Eustis, seconded by Commissioner Bassett, and unanimously carried, that Mr. Travis H. Whitney be selected as Secretary to the Commission.

Commissioner Bassett stated that Commissioner McCarroll wished to be regarded as voting in favor of the selection of Mr. Whitney as Secretary.

Mr. Whitney appeared before the Commission, took and subscribed the oath of office, and assumed the office of Secretary.

By request, Mr. O. C. Semple and Mr. R. C. E. Brown appeared before the Commission as to matters of organization.

TRAVIS H. WHITNEY, SECRETARY.

Proceedings for Wednesday, July 3, 1907.

There were present-Chairman William R. Willcox, Commissioners William 'McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis.

By resolution, the Secretary was directed to prepare and submit a list of the employees of the Rapid Transit Commission continued by this Commission, giving the names, titles and salaries.

The Commission took up the matter of the testing of gas meters, and Mr. A. E. Forstall appeared before the Commission.

On motion, duly seconded, it was

Resolved, That the matter of the immediate testing of gas meters be referred to Commissioner Maltbie.

Ayes-Commissioners Willcox, McCarroll, Bassett, Maltie, Eustis.

Nays-None.

Carried.

On motion, the Chairman appointed a Committee on Organization, Commissioners Eustis and Maltbic, and as a Committee on Budget, Commissioners Bassett and McCarroll.

On motion, the matter of permanent offices was referred to the Chairman.

Commissioner McCarroll brought up the matter of the East River Tunnel, and it was understood that Engineer Rice would appear before the Commission to explain the present condition of the tunnel.

On motion, duly seconded, it was

Resolved, That stated meetings of the Commission be held at 10.30 a. m. and 2.30 p. m. each day.

Ayes-Commissioners Willcox, McCarroll, Bassett, Maltbie, Eustis.

Nays-None.

Carried.

On motion, the matter of drafting Rules of Procedure was referred to Commissioners Bassett and McCarroll.

On motion, duly seconded, it was

Resolved, That the Secretary be authorized to obtain necessary stationery and office material.

Ayes-Commissioners Willcox, McCarroll, Bassett, Maltbie, Eustis.

Nays-None.

Carried.

On motion, duly seconded, it was

Resolved, That Mr. H. A. D. Hollmann, Auditor; Miss Jane A. Ruoff, Stenographer, and James Dolan, Messenger, be continued by this Commission, until further advised. Ayes-Commissioners Willcox, McCarroll, Bassett, Maltbie, Eustis.

Nays None.

Carried.

On motion, duly seconded, it was

Resolved, That the question of jurisdiction of this Commission as to complaints against the New York Central, on account of the increase in rates, be referred to Commissioners Bassett and Eustis.

Ayes-Commissioners Willcox, McCarroll, Bassett, Maltbie, Eustis.

Nays-None.

Carried.

On motion, duly seconded, it was

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Resolved, That Commissioner Maltbie be requested to ascertain the present status of the Behr Monorail application.

Ayes-Commissioners Willcox, McCarroll, Bassett, Maltbie. Eustis.

Nays--None.

Carried.

It was moved and carried that Commissioner Bassett be requested to confer with Chief Engineer Rice as to the preparation of a suitable badge to be worn by the present employees of this Commission in connection with their work.

It was understood that the Chairman would draft a letter to the Commission for the Second District as to conferences between the two Commissions upon uniform forms, and other matters upon which it might be deemed advisable to act in harmony.

TRAVIS H. WHITNEY, SECRETARY.

Proceedings for Friday, July 5, 1907.

There were present-Chairman William R. Willcox, Commissioners William McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis.

Commissioner Maltbie reported informally as to the matter of testing gas meters.

On motion, duly seconded, it was

Resolved, That Mr. Jastrow Alexander be directed to forward papers and documents belonging to this Commission to this office, and that he be relieved from further duty and responsibility in this matter.

Ayes-Commissioners Willcox, McCarroll, Bassett, Maltbie, Eustis.

Nays-None.

Carried.

Commissioner Bassett, as Chairman of the Committee on Budget, submitted the

following:

1724 Report of the Committee on Budget and Method of Obtaining Funds for Expenses of Commission and Salaries other than those of the Commission, its Counsel and Secretary.

Messrs. Bassett, Whitney and Hollmann have compared the provisions of the Rapid Transit Act touching the subjects referred to this Committee, and the Public Service Law, and find that in regard to this subject the provisions are substantially identical. On this account your Committee have inferred that the method heretofore employed by the Board of Rapid Transit Commissioners in this regard will be presumably correct to be adopted by the present Commission, and it is likely that the Board of Estimate will prefer this method of caring for this subject.

The requests for estimates for budget heretofore sent out by the Board of Estimate apply to City Departments, Bureau and Boards. As ours is a State Board with a separate provision for its expenses, this request does not relate to us. The method followed by the Rapid Transit Board has been:

First-In the latter part of each year it has made up, as nearly as possible, an estimate of its needs for expenses the following year. This was done in order to facilitate the work for the Finance Department, so that it might not have to pass on a large number of small requisitions. Last year this requisition was made December 27, and was for the sum of $826,500. Of this amount the Board of Estimate assented to $742,500, leaving about $84,000 to be assented to later, if necessary, on account of the planning and letting of new work.

Second-For the salaries of the Rapid Transit Commissioners an application was made each year to the Appellate Division of the First District. The salaries of the new Commissioners, their Counsel and Secretary are paid by the State Treasurer.

Third-If the requisitions of the Rapid Transit Board for expenses were not complied with, they had the right to place the requisitions before the Appellate Division, whose decision would be final. We understand, however, that this was never done.

To come now to the method that we should employ to obtain funds for payment of expenses and salaries other than those of the Commission, Counsel and Secretary:

First-There is no necessity of making up a present budget and submitting it to the Board of Estimate.

Second-We may expend the unexpended balance for any proper purposes of our Commission, and during the remainder of this year, if this fund is not sufficient, we may make a requisition for a further sum.

Third-In the month of December we should serve upon the Board of Estimate and Apportionment a statement of requisition which will approximately cover our needs for the year 1908. This will not prevent our making further requisitions in the year 1908, if they become necessary.

Fourth-In case the Board of Estimate does not comply with this request and honor this requisition, it will be our duty to make our request to the Appellate Division, whose determination will be final.

Respectfully submitted,
(Signed)

EDWARD M. BASSETT,
WM. MCCARROLL.

Dated, New York, July 5, 1907.

The Chairman reported progress as to the acquirement of permanent quarters.

Commissioner Bassett reported progress as to the matter of badges for the employees of the Commission.

The Chairman reported that Chief Engineer Rice would soon submit a report as to the present condition of rapid transit work, and as to all problems pending or considered and not finished.

Commissioner Bassett reported progress as to rules of procedure.

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