EXTENSION ORDER No. 440. April 28, 1908. An order, No. 389, having been made herein on or about the 31st day of March, 1908, ordering and directing the Brooklyn City Railroad Company, the Brooklyn Heights Railroad Company and the Nassau Electric Railroad Company to repave Vanderbilt avenue between Park and Myrtle avenues, and Nassau avenue between Diamond street and Morgan avenue, and Franklin street between Kent avenue and Commercial street, and Manhattan avenue between Driggs avenue and Newtown creek, and Driggs avenue between South Fourth and South Twelfth streets, in the borough of Brooklyn, city and State of New York, on or before the 1st day of May, 1908; and the said Brooklyn Heights Railroad Company and the Nassau Electric Railroad Company having, on the 22d day of April, 1908, applied in writing for an extension of such time, Now, on motion made and duly seconded, it is Ordered, That the time within which the Brooklyn City Railroad Company, Brooklyn Heights Railroad Company and Nassau Electric Railroad Company shall make the repairs above mentioned be, and the same hereby is, extended to and including the first day of June, 1908. Nassau Electric Railroad Company, Brooklyn, Queens County and Suburban Railroad Company.- Repair of pavement on Marcy avenue. Hearing Order No. 191. Letter of Chairman Willcox. COMPLAINT OF BIRD S. COLER, President of the against NASSAU ELECTRIC RAILROAD COMPANY and BROOKLYN, QUEENS COUNTY and SUBURBAN RAILROAD COMPANY. Hearing Order No. 191 (see form, note 3), issued January 6th. Hearings were held January 21st, 28th, and February 4th. See letter of Chairman Willcox and opinion of Commnissioner Bassett in preceding case upon which the following dismissal order was issued: This matter coming on upon the report of the hearing had herein on January 21, 1908, January 28, 1908, and February 4, 1908; and it appearing that said hearing was held pursuant to Order No. 191 of this Commission, dated January 6. 1908, and returnable on the 21st day of January, 1908, and that said order was duly served upon said Nassau Electric Railroad Company and said Brooklyn, Queens County and Suburban Railroad Company on January 7, 1908. and that said hearing was held by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified on January 21, 1908, and by adjournments duly had on January 28, 1908, and February 4, 1908. before Mr. Commissioner Bassett presiding, Harry M. Chamberlain, Esq., appearing for the Commission and George D. Yeomans, Esq., appearing for the railroad companies; and proof having been taken upon said hearing and it being made to appear by the proceedings on said hearing that the complainant herein seeks to compel the defendants to repave the area between the tracks, the rails of the tracks and two feet in width outside of the tracks of the street railroad lines on Marcy avenue, between Flushing avenue and Middleton street, in the borough of Brooklyn, city and State of New York, with granite blocks laid upon a concrete foundation; and it being made to appear by said proceedings that said street being the terminal above mentioned is paved entirely across with cobbles and that the portion thereof about which complaint is made is substantially in no worse condition than the portion thereof outside of said area maintained by the municipality, and that the municipality gives no assurances as to when said portion maintained by it will be repaved; and that it would not be reasonable under these circumstances to require the defendants to repave at this time the area complained of with a better quality of material than that used by the municipality, Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered. That this proceeding be and the same hereby is dismissed and that this order be filed in the office of the Commission. Nassau Electric Railroad Company.- Repair of pavement and grading of tracks on Farragut road. Hearing Order No. 189. Letter of Chairman Willcox. Opinion of Commissioner Bassett. Extension Order No. 338. Extension Order No. 356. Final Order No. 388. Extension Order No. 439. COMPLAINT OF BIRD S. COLER, President of the Borough of Brooklyn, against NASSAU ELECTRIC RAILROAD COMPANY. Hearing Order No. 189 (see form, note 3), issued January 6th. See letter of Chairman Willcox and the opinion of Commissioner Bassett in the next preceding case but one, upon which the following final order was issued: This matter coming on upon the report of the hearing had herein on January 21, 1908, January 28, 1908, and February 4, 1908; and it appearing that the said hearing was held pursuant to Order No. 189 of this Commission, dated January 6, 1908, and returnable on the 21st day of January, 1908, and that the said order was duly served upon said Nassau Electric Railroad Company on January 7, 1908, and that the said hearing was held by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified on January 21, 1908, and by adjournment duly had on January 28, 1908, and February 4. 1908, before Mr. Commissioner Bassett, presiding, Harry M. Chamberlain, Esq, appearing for the Commission, and George D. Yeomans, Esq., appearing for said railroad company; and proof having been taken upon said hearing and it being made to appear by the proceedings on said hearing that the said defendant has violated the law in failing to keep in proper repair the pavement between its tracks, the rails of its tracks and two feet in width outside of its tracks on Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, in the borough of Brooklyn, city and State of New York, and that said area in said streets between the points named is in need of repairs, and that it is reasonable that the said company be required to repave said area with granite blocks laid upon a concrete foundation, Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered: (1) That said Nassau Electric Railroad Company be and it hereby is directed and required to repave said Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, between its tracks and the rails of its tracks and two feet in width outside of its tracks, with granite blocks laid upon a concrete foundation, in a proper and suitable manner and in such manner that the area so paved will properly conform to the grade of the street. (2) It is further ordered, That the railroad tracks of said company laid in said street, wherever below the proper grade of said street be raised to the proper grade in such manner as to prevent the ponding of water and to permit proper drainage to the catch basins. (3) It is further ordered, That said Nassau Electric Railroad Company begin the repairs above mentioned not later than the 1st day of April, 1908, and complete the same not later than the 1st day of May, 1908, and thereafter keep and maintain said pavement in as good condition as when first completed. This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (4) It is further ordered, That said Nassau Electric Railroad Company notify the Public Service Commission for the First District, within five (5) days after the service of this order, whether the terms of this order are accepted and will be obeyed. Upon applications of the company extension orders No. 338 and No. 356 were issued: EXTENSION ORDER No. 338. March 13, 1908. An order, No. 316, having been made herein on or about the 6th day of March, 1908, ordering and directing the Nassau Electric Railroad Company to inform the Public Service Commission for the First District, within five (5) days after service of said order, whether the terms are accepted and will be obeyed; and the said Nassau Electric Railroad Company having, on the 11th day of March, applied in writing for an extension of such time, Now, on motion made and duly seconded, It is ordered, That the time within which the Nassau Electric Railroad Company shall make answer to said Order No. 316 be, and the same hereby is, extended to and including the 17th day of March, 1908. EXTENSION ORDER No. 356. An order No. 316, having been made herein on or about the 6th day of March, 1908, ordering and directing the Nassau Electric Railroad Company to inform the Public Service Commission for the First District, within five (5) days after service of said order, whether the terms are accepted and will be obeyed, and said time having been extended to and including the 17th day of March, 1908, by the terms of Order No. 338, entered on March 13th; and the said Nassau Electric Railroad Company having, on March 17, 1908, applied in writing for a further extension of such time, Now, on motion made and duly seconded, it is Ordered, That the time within which the Nassau Electric Railroad Company shali make answer to said Order No. 316 be, and the same hereby is, extended to and including the 24th day of March, 1908. The company moved for a resettlement of Order No. 316 on which motion a hearing was held March 24th; the following final order was issued: FINAL ORDER No. 388. This matter coming on upon the report of the rehearing had herein on the 24th day of March, 1908, and it appearing that said rehearing was had by and before the Commission on said date, before Commissioner Bassett presiding. Edward D. Candee, Esq., appearing for the complainant and George D. Yeomans, Esq., appearing for the Nassau Electric Railroad Company, Now, after the proceedings upon said rehearing and after consideration of the facts, including those arising since the making of Order No. 316, and upon the stipulation of the said parties, the Commission being of the opinion that said Order No. 316 which directed repairs to the paving on Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, in the borough of Brooklyn, city and State of New York, should be changed and modified in certain particulars, Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered, That order No. 316, issued March 6, 1908, be, and the same hereby is changed and modified so as to read as follows: ORDER No. 316. This matter coming on upon the report of the hearing had herein on January 21, 1908, January 28, and February 4 1908, and it appearing that the said hearing was held pursuant to Order No. 189 of this Commission, dated January 6, 1908, and returnable on the 21st day of January, 1908, and that the said order was duly served upon said Nassau Electric Railroad Company on January 7th, 1908, and that the said hearing was held by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified on January 21, 1908, and by adjournment duly had on January 28, 1908, and February 4, 1908, before Mr. Commissioner Bassett presiding, Harry M. Chamberlain, Esq., appearing for the Commission, and George D. Yeomans, appearing for said railroad company, and proof having been taken upon said hearing and it being made to appear by the proceedings on said hearing that the said defendant had violated the law in failing to keep in proper repair the pavement between its tracks, the rails of its tracks and two feet in width outside of its tracks on Farragut road or Avenue F. between East Twenty-sixth street and Ocean avenue. in the borough of Brooklyn, city and State of New York, and that said area in said streets between the points named in need of repairs, and that it is reasonable that the said company be required to repave said area. Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered: (1) That said Nassau Electric Railroad Company be and it hereby is directed and required to repave said Farragut road or Avenue F between East Twenty-sixth street and Ocean avenue, under the supervision of the president of the borough of Brooklyn, and in such manner as he may prescribe. (2) It is further ordered. That said Nassau Electric Railroad Company begin the repairs above mentioned not later than the first day of April, 1908, and complete the same not later than the first day of May, 1908, and thereafter keep and maintain said. pavement in as good condition as when first completed. This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (3) It is further ordered, That said Nassau Electric Railroad Company notify the Public Service Commission for the First District within five (5) days after service of this order whether the terms of this order are accepted and will be obeyed. Upon application of the company the following extension order was issued: EXTENSION ORDER No. 439. April 28, 1908. An order, No. 388, having been made herein on or about the 31st day of March, 1908, ordering and directing the Nassau Electric Railroad Company to repave Farragut road between East Twenty-sixth street and Ocean avenue on or before the 1st day of May, 1908, and the said Nassau Electric Railroad Company having, on the 22nd day of April, 1908, applied in writing for an extension of such time, Now, on motion made and duly seconded, it is Ordered, That the time within which the Nassau Electric Railroad Company shall make the repairs above mentioned be, and the same hereby is, extended to and including the first day of June; 1908. Hudson and Manhattan Railroad Company.-Restoration of pavement on Sixth avenue between 14th and 23d streets. Complaint Order No. 705. COMPLAINT OF RETAIL DRY GOODS ASSOCIATION against HUDSON AND MANHATTAN RAILROAD COMPANY. Complaint Order No. 705 (see form, note 1), issued August 28th. COMMISSIONER MALTBIE:— OPINION OF COMMISSION. (Adopted September 29, 1908.) This is a complaint made by the Retail Dry Goods Association against the Hudson and Manhattan Railroad Company. The association demanded that the Commission should issue an order against the Hudson and Manhattan Railroad Company for the repaving of Sixth avenue with asphalt between Fourteenth street and Twenty-third street. After reply was made to the complaint, a hearing was fixed, at which the complainant started to present testimony to show that the repaving could be done immediately; but while the hearings were going on an arrangement was made between the complainant and the defendant whereby an order was issued by the Borough President against the Hudson and Manhattan Railroad Company, directing and authorizing this company to repave the street. The company had stated sometime previously that if such an order were issued so that it would be exempted from any responsibility therefor, it would repave immediately. This order having been issued and the work begun, the complainant asked that the complaint be dismissed. I move that a discontinuance order be issued. This matter coming on upon a report of the hearing had herein upon the 19th day of September, 1908, and it appearing that said hearing was held under and pursuant to Order No. 720 of this Commission, dated September 11, 1908, and returnable on the 19th day of September, 1908, for the purpose of bringing on for hearing certain matters contained in the complaint of the Retail Dry Goods Association with respect to the unrestored condition of Sixth avenue between Fourteenth and Twenty-third streets, and it appearing that said hearing was had by and before the Commission on matters embraced in said complaint and in said order specified, on the 19th day of September, and, by adjournment, on the 21st day of September. 1908. Mr. Commissioner Maltbie presiding, Mr. LeRoy T. Harkness, Assistant Counsel, appearing for the Commission; Mr. B. G. Pascus appearing for the Retail Dry Goods Association, and Julius F. Workum, Esq., of counsel, appearing for the railroad company, and It appearing, after said hearing, that the matters complained of in the complaint above mentioned have been satisfied to the satisfaction of the complainants herein, Now, on motion made and duly seconded, it is, Resolved, That the proceedings herein be, and the same hereby are, discontinued And it is further Resolved, That this action of the Commission shall be without prejudice to the Issuance of an order for further or additional hearings or action thereon by the Commission in respect to any of the matters covered by said complaint or said order for hearing or the proceedings thereon. HIGH TENSION SYSTEMS. Long Island Railroad Company - High tension wires. [Communication from Commissioner of Water Supply, Gas and Electricity regarding the construction of high tension wire in Long Island City by the Long Island Railroad Company does not state any cause for the Commission taking action.] *See foot note, page 9. |