said company performed, and in particular with the covenants regarding the expenditure of said eight hundred thousand dollars ($800,000) upon construction within two years. Upon application of the company the following extension order was issued: EXTENSION ORDER No. 546. June 2, 1908. An order, No. 521, having been made herein on or about the 22d day of May, 1908, requesting the New York and Portchester Railroad Company to inform the Public Service Commission for the First District, within ten (10) days after receipt of said order, to what extent and in what manner it has complied with the covenants and agreements in the above-mentioned contract contained and the said New York and Portchester Railroad Company having, on June 1, 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 New York and Portchester Railroad Company shall comply with the terms of Order No. 521 be, and the same hereby is, extended to and including June 12, 1908. New York, Westchester and Boston Railway Company.- Failure to construct the Westchester road. ORDER FOR ANSWER No. 274. Whereas it appears that the city of New York, on August 2, 1904, granted a franchise to the New York. Westchester and Boston Railway Company for the construction of a four track electric railway from the Harlem river to the city line. and Whereas it was one of the conditions of said grant that the road should be completed from the northerly line of the city as far south as the intersection of the Southern Boulevard and Westchester avenue, within five years from said date, and Whereas it appears that after this work was undertaken, construction has been discontinued since 1906, and Whereas said five years limitation will expire on August 2, 1909, and Whereas it appears that control of the said Westchester Railway is now held by the New York, New Haven and Hartford Railway Company, Therefore resolved, That the New York, New Haven and Hartford Railroad Company be requested to inform this Commission in writing within ten days from receipt of this resolution as to the following points: First-Why has the work of constructing the Westchester road been discontinued since 1906? Second When will the work of construction be resumed? Third When will the section from One Hundred and Seventy-seventh street to the city line be completed? Fourth. When will the road be put in operation over that section of the route? Fifth-When will the section of the road from One Hundred and Seventyseventh street to the Harlem river be put in operation? Sixth-When will the section of the road from the city line through the Westchester localities be put in operation? The company answered March 5th, stating that work was suspended because of litigation; that the validity of the Westchester charter was in question: that the work of construction would be resumed and completed and operation begun as soon as the litigation was closed. Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Company.- Certified copies of conductors' day cards to be filed. In the Matter of Certified copies, of CONDUCTORS' DAY CARDS to be furnished by the FORTY-SECOND STREET, MANHATTANVILLE AND ST. NICHOLAS AVENUE RAILROAD COMPANY, covering movement of cars on Monday, January 6, 1908. ORDER No. 200. January 10, 1908. Resolved, That the Forty-second Street, Manhattanville and St. Nicholas Avenue Railroad Company be requested to furnish the Commission certified copies of their conductors' day cards, covering the complete movement of the cars on their line on Monday, January 6, 1908. Brooklyn Heights Railroad Company.- Operation of cars on certain lines. Resolved, That the Brooklyn Heights Railroad Company be required: 1. To file on or before December 14, 1908, the operating schedule of cars as of December 11, 1908, on the Flushing Avenue Line and the Putnam Avenue and Halsey Street Line of the said company, and a statement of the exact length of the routes as operated; 2. To file daily for a period of one month from December 14, 1908, a sworn statement showing for the preceding day the following facts as to the operation of the said routes: (a) Number of cars in use on the routes, (b) Number of full trips made, (c) Number of car miles run, (d) Number of passengers carried, (e) Seating capacity of the types of cars in use on the routes. Brooklyn Rapid Transit Company.- Discontinuance of the Park Row service on the St. Johns Place, Third Avenue and Vanderbilt Avenue lines. In the Matter Discontinuance of the PARK ROW SERVICE on the St. Johns Place, Third Avenue and Vanderbilt Avenue lines. ORDER No. 475. May 8, 1908. Resolved, That the Brooklyn Rapid Transit Company be required to make answer on or before May 14th to the following: 1. The reasons for the discontinuance of the Park Row service on the St. Johns Place. Third Avenue and Vanderbilt Avenue lines. 2. Reasons for the increasing of the service through Fulton street and the ap parent decrease of service through Livingston street. Brooklyn Union Elevated Railroad Company.- Number of passengers, running time and headway of trains upon certain lines. In the Matter Information from the BROOKLYN UNION ELE- ORDER No. 187. VATED RAILROAD COMPANY regarding the number of passengers, running time and headway of trains upon the roads herein specified. January 4, 1908. Resolved, That the Brooklyn Union Elevated Railroad Company be requested to furnish the following information: 1. Statement of the number of passengers by the month carried on the Brighton Beach line during the year ending December 31, 1907. 2. Statement as to whether these figures are based on cash fares, or, if otherwise, on what basis. 3. Statement of the number of passengers, if possible, carried between New York and Kings Highway, and also between Kings Highway and Brighton Beach or points beyond. 4. Statement of running time between Culver depot, Kings Highway, Franklin avenue, Sands street and New York, as well as trains running to and from Fulton Ferry for the full twenty-four hours of week days and Sundays. 5. Schedule of headway of trains and number of cars going to make up trains (if not shown in the above) as operated between New York and Kings Highway; also between New York and Brighton Beach. Brooklyn Union Elevated Railroad Company.- Number of trains operated on Brooklyn Bridge during rush hours. In the Matter as ORDER No. 198. January 10, 1908. Information to be furnished by the BROOKLYN Resolved, That the Brooklyn Union Elevated Railroad Company be required to make answers by Saturday, January 11, 1908, at twelve o'clock, to the following questions: 1. Whether the number of trains operated on the Brooklyn Bridge during rush hours on January 9, 1908, was greater or less than usual and if the maximum was not operated, the reasons therefor. 2. What are the plans of the company as to the number of local trains to be operated on the Brooklyn Bridge during rush hours, until such time as the company will begin the operation of through trains. Coney Island and Brooklyn Railroad Company.- Operation of DeKalb avenue line. In the Matter of the Filing by the CONEY ISLAND AND BROOKLYN RAILROAD COMPANY of certain facts relative to the operation of cars on the routes herein mentioned. CASE No. 1017. Resolved, That the Coney Island and Brooklyn Railroad Company be required 1. To file on or before December 14, 1908. the operating schedule of cars as of December 11, 1908, on the DeKalb Avenue line of the said company, and a statment of the exact length of the route as operated; 2. To file daily for a period of one month from December 14, 1908, a Sworn statement showing for the preceding day the following facts as to the operation of the said route: (a) Number of cars in use on the route. (b) Number of full trips made. (e) Number of car miles run. (d) Number of passengers carried. (e) Seating capacity of the types of cars in use on the route. Interborough Rapid Transit Company.-Operation of trains through subway at Twentieth street on January 11, 1908. In the Matter Information to be of furnished by the INTER January 11, 1908. BOROUGH RAPID TRANSIT COMPANY in re- ORDER No. 199. Resolved. That the Interborough Rapid Transit Company be required to make answer to the following questions by Monday, January 13, 1908, at eleven A. M.: 1. At what hour did the company or any of its officers receive orders or direc tions from the fire, police or other city departments, not to operate trains through the Subway at Twentieth street on Saturday, January 11? 2. What plans were thereupon made to give notice to the public that through service was not to be rendered? 3. At what stations was the public given notice of lack of through service, outside of the stations, or before members of the public had bought tickets or had deposited them in ticket boxes; and at what stations was notice given only on sta tion n'atforms, of the limitation of service? 4. What plans were made for increasing service on the elevated lines, in view of the lack of service on the Subway? Street Railroads.- Inventory of property. ORDER No. 618. June 29, 1908. Resolved, That each street railroad in the boroughs of Manhattan and the Bronx be required to furnish on or before July 15th, an inventory of all property owned by it as of June 30, 1908. Street Railroad Corporations.- Filing of tariff schedules. Order No. 708. Extension Order No. 722. In the Matter Filing with the Public Service Commission for the ORDER No. 708. It is hereby ordered. That the regulations contained in Tariff Circular No. 1 be adopted by this Commission prescribing, from and after September 1, 1908, the form, and governing the construction and filing of schedules of fares for passenger service of street railroad corporations subject to the jurisdiction of this Commission. Ordered, That such street railroad corporations file, in conformity with the said circular and on or before September 15, 1908, schedules, effective upon filing. showing fares, transfers, and all regulations relating thereto actually in effect for thirty days prior to the said September 15, 1908, changes therefrom to be filed in accordance with the regulations with full notice unless otherwise ordered. Ordered, That the provisions of Order No. 53 in so far as they relate to street railroads be rescinded. EXTENSION ORDER No. 722. September 11, 1908. An order of the Commission, No. 708, having been made herein on or about the 28th day of August, 1908, ordering and directing that all street railroad corporations subject to the jurisdiction of this Commission file, in conformity with tariff circular No. 1 adopted by this Commission, and on or before September 15, 1908, schedules, effective on filing, showing fares, transfers, and all regulations relating thereto, actually in effect for thirty days prior to said September 15, 1908; and application in writing having been made for an extension of such time within which to file said schedules. Now, on motion made and duly seconded, it is Ordered, That the time for filing the schedules above mentioned be, and the same hereby is, extended to and including the 1st day of October, 1908. New York, Westchester and Boston Railway Company.Inspection and examination of accounts, records and memoranda. In the Matter of the Inspection and examination of the accounts, records and memoranda of the NEW YORK, WESTCHESTER AND BOSTON RAILWAY COMPANY and of the NEW YORK AND PORTCHESTER RAILROAD COMPANY. ORDER No. 586. June 16, 1908. It is ordered, That Elwood T. Baker, who is employed by this Commission as an accountant, be designated and is hereby directed to inspect and examine the accounts, records and memoranda kept by the New York, Westchester and Boston Railway Company and the New York and Portchester Railroad Company, and all books of original entry, all ledgers, all balance sheets, and any and all other books showing or purporting to show the assets and liabilities of the corporations. And the said New York, Westchester and Boston Railway Company and the New York and Portchester Railroad Company are hereby directed and required to afford to said Elwood T. Baker access to all such accounts, records and memoranda. It is further ordered, That this order shall take effect forthwith and continue in force for a period of six months from the date hereof. SUBWAY MATTERS. OPINIONS OFf Counsel. work.] [Building department of the city of New York has no jurisdiction over subway OPINION OF COUNSEL. Public Service Commission for the First District: June 15, 1908. SIRSI have the letter of the Secretary of the 5th inst. transmitting a copy of the letter of Chief Engineer Pegram of the Rapid Transit Subway Construction Company to the Chief Engineer of the Commission dated May 29th, and Mr. Rice's letter to the Chairman of June 4th. From Mr. Pegram's letter it appears that the building department of the borough of Brooklyn refuses to allow the contractor for the construction of the Brooklyn-Manhattan Rapid Transit Railroad to carry out the Commission's plans for remodeling building No. 58 Joralemon street, in the borough of Brooklyn, to answer the requirements of a ventilating shaft for the |