- Jurisdiction over Common Carriers -"Doing Business Exclusively ". Filing Schedules - Public Service Commissions Law, Sections 2, 5. Commission may Rescind Resolution Adopting Rapid Transit Route passed by Board of Rapid Transit Railroad Commissioners Methods of Con- structing Subways- Rapid Transit Act, as amended by the Elsberg Law. 85 Modification of Subway Contracts - Consents Necessary Changes in Route - Rapid Transit Act, Sections 4, 5. 37, 38.. Construction and Operation of Flatbush Avenue Subway Extension as an Contract for Subway Construction - Bridging Excavation in street in front of Nos. 605-607 Fulton Street, under requirement by Commission, must Ducts for Cables used to convey Electricity for Manhattan-Bronx Subway are part of Construction, not of Equipment, though built apart from Access to Buildings for the Purpose of Shoring. Subway Construction — Duty of Contractor to Support Structure on east side of Mott Street, although Erected after making Contract. Occupation of Street by Structure Containing Boilers and Compressed Air Machinery for Use in Subway Construction Power of the Commission to - Relocation of Water Pipes on Permit issued by the Commission but not Sub- Vaults in Fulton Street, Brooklyn, taken by Condemnation for Subway Stipulation not to Tear Down Wall at Wall Street Station of Subway with- out Five Days Notice to Owner.. Application for Privileges of Window in Subway Wall,- Procedure.. Bond-Substitution of, by Rapid Transit Subway Construction Company in Place of $1,000,000 Cash Deposited under Contract No. 2, not allowable - Rapid Transit Act, Section 38; L. 1906, Ch. 472, Section 14.. Bond-Substitution of Bond of United States Fidelity and Guarantee for one of Lawyers' Surety Company, as Surety for American Bridge Com- pany, as Sub-contractor under Contract No. 1..... Violation of Eight Hour Law by Contractor for Subway Construction, Labor Lease of Permanent Offices by the Commission Not to be Submitted to the Commissioners of the Sinking Fund Designation of Newspapers for Rapid Transit Advertisements City Charter, Sections 149, 217; Public Service Commissions Law, Section 10; Rapid Transit Act, Sections 36, 37.. 103 Steinway Tunnel-Position of Commission Concerning Operation. Steinway Tunnel Resume of Rights of Company and Pending Litigation Jurisdiction of the Commission over the Subway of the Hudson and Man- hattan Railroad Company- Noise at Night in Work of Construction - Orders issued in Proceedings had before the Commission in 1908 including Opinions of Counsel and Commission rendered in said proceedings. RESUME OF PROCEEDINGS HAD BEFORE THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT IN 1907, AND OPINIONS OF COUNSEL AND COMMISSION RENDERED IN SAID PROCEED INGS. Railroad Corporations, Street Railroad Corporations and Common Carriers.- Filing reports of accidents. Filing Order No. 1, issued July 30, 1907, p. 682, 1907 Rep. Opinion of Counsel, September 6, 1907, p. 584, 1907 Rep. JURISDICTION OF THE COMMISSION FOR THE FIRST DISTRICT RAILROADS OTHER THAN STREET RAILROADS. OPINION OF COUNSEL. I am in receipt of your letter bearing date August 3, transmitting a communication from Ralph Peters, president and general manager, respecting Order No. 1, covering the New York and Rockaway Beach Railway Company, the New York, Brooklyn and Manhattan Beach Railway Company, and the Glendale and East River Railroad Company, in which you note that it seems significant that Mr. Peters has not included the Long Island Railroad in the list of companies for which he has given written acceptance. You ask me to suggest a proper answer in this matter. I would suggest that you write to Mr. Peters, that inasmuch as by the provisions of the Public Service Commissions Law, the Public Service Commision for the First District is given jurisdiction over the Long Island Railroad, in so far as concerns the construction, maintenance, equipments, terminal facilities, local transportation facilities and local transportation of persons or property within the First District, and is directed to investigate the cause of all accidents and to require railroad corporations to give notice of every accident happening upon any line of railroad operated within the territory over which the Commission has jurisdiction, it will be necessary for the Long Island Railroad to give written acceptance of Order No. 1, and to make to this Commission the report therein required. Dated August 8, 1907. DELAY IN REPORTING ACCIDENTS. [Delays of from 53 minutes to 2 hours and 43 minutes in reporting accidents are in violation of an order requiring that they be reported immediately.] The order covering reports of accidents, among other things, provided: "Every common carrier, railroad corporation and street railroad corporation over which this commission has jurisdiction, is hereby required to give notice to this commission of every accident happening upon any line of railroad or street railroad, owned, operated or leased by it, in the following manner: "First. In case of 46 I. Accident resulting in death or serious injury to persons; II. Collision resulting in serious damage to cars; "III. Derailment of elevated or subway trains or railroad passenger trains; or "IV. Serious interference with or stoppage of traffic. "Such notice shall be given by telephone immediately after the happening of the accident, or, if the accident happens after 11 o'clock P. M., then at 8 o'clock A. M. of the following day, and such notice shall give the nature and location of the accident or event." *The head notes and other matter preceding opinions and reports were not parts of the opinions or reports as made and printed in the minutes of the Commission. They have been added for the convenience of the reader and form no part of the actual decision in any case. There are included with the opinions and reports some of the opinions of counsel, which have been regarded as settling particular questions covered by such opinions. |