The following final order was issued: FINAL ORDER No. 827, VACATING IN PART ORDER No. 474. November 10, 1908. This matter coming on upon the report of the rehearing had herein on the 5th day of November, 1908, and it appearing that the said hearing was had pur svant to Order for Rehearing No 789, doted the 17th day of October, 1908, and returnable on the 5th day of November, 1908, and it appearing that said order was duly served upon the Union Railway Company and upon Frederick W. Whitridge, as receiver of said company; and it appearing that said order for rehearing was issued by the Commission upon due application of said company after service on said company of Final Order No. 474, made and filed herein on May 8, 1908, ordering and directing said company and said receiver, among other things, to extend their line from the easterly terminus of said line on Fort Schuyler road, at the intersection of said road with Eastern boulevard up to the point where said Eastern boulevard is intersected by the Town Dock road, and as far as the franchise rights of the said company extend on Eastern boulevard, and to complete said extension and begin the operation of cars thereon not later than the 15th day of June, 190S, and after service on said company of various extension orders extending the time for the completion of such line; and it appearing that said rehearing was had by and before the Commission on the matters embraced in said order for rehearing on the 5th day of November, 1908, before Mr. Commissioner Eustis, presiding. Harry M. Chamberlain, Esq., Assistant Counsel, appearing for the Commission and Henry A. Robinson, Esq., appearing for said railway company and for said receiver; and proof having been taken upon said rehearing, and it having been made to appear after the proceedings on said rehearing that the Union Railway Company has no franchise rights on Eastern boulevard, or, at least, that the franchise rights on Eastern boulevard are of doubtful validity, and that under the circumstances such original order No. 474, in so far as it directs the extension of such line upon Eastern boulevard, may have been unwarranted, and that it would therefore be proper to direct that said Final Order No. 474 be abrogated to that extent, Now, on motion of George S. Coleman, Esq., Counsel for the Commission, it is Ordered: 1. That said original Order No. 474 of this Commission, in so far as it directs the extension of the line of the Union Railway Company on Eastern boulevard, be and the same hereby is abrogated, vacated and set aside. 2. That this order shall take effect immediately and shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. 3. That this order shall be without prejudice to the right of the Commission to hold such other and further hearing or hearings and to issue such other and further order or orders in the matter of the extension of the line of said company on Eastern boulevard or elsewhere, as may to the Commission seem just and reasonable. 4. That this order shall be filed in the office of the Commission and a certified copy thereof be served upon said railway company and upon said Frederick W. Whitridge, as receiver of said company. OPINIONS, ORDERS AND REPORTS BASED MAINLY ON MANNER OF OPERATION. Brooklyn Heights Railroad Company.- Cross-over switches on the Nostrand avenue line at Church avenue; turning cars back at Church avenue. Hearing Order No. 326. Opinion of Commissioner Bassett. In the Matter Hearing upon motion of the Commission on the question of changes in the regulations, practices and service of the BROOKLYN HEIGHTS RAILROAD COMPANY. Cross-over switches on the Nostrand avenue line at HEARING ORDER No. 326, It is hereby ordered. That a hearing be had on the 23rd day of March, 1908, at 2:30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau street, borough of Manhattan, city of New York, State of New York, to inquire whether the regu lations, practices, equipment, appliances or service of the Brooklyn Heights Railroad Company, in respect to transportation of persons in the State of New York, are unreasonable, improper or inadequate, and whether changes, improvements and additions thereto ought reasonably to be made in the manner below set forth, in order to promote the security and convenience of the public, or in order to secure adequate service and facilities for the transportation of passengers, and if such be found to be the fact, then to determine whether a change, addition and improvement in regulations, practices, equipment, appliances and service of the said company, as hereinafter set forth, are such as may be just, reasonable, adequate and proper and ought reasonably to be made to accommodate the passenger traffic offered to it and to promote the convenience of the public, or in order to secure adequate service and facilities for the transportation of passengers, that is to say: Whether the following changes, additions and regulations should be put into effect: 1. That the cars at present operated on the Nostrand avenue line be run through to the southerly terminus of said line at Vanderveer Park, instead of some of them being turned back at Church avenue. 2. That the cross-over switch located at Nostrand and Church avenues on the Nostrand avenue line be removed. And if any such regulations, changes, improvements and additions be found to be such as ought to be made as aforesaid, then to determine the details of such changes, improvements and additions, and to determine what period would be a reasonable time within which the same should be directed and executed. All to the end that the Commission may make such order or orders in the premises as shall be just and reasonable. Further Ordered, That the said Brooklyn Heights Railroad Company he given at least ten (10) days' notice of such hearing, by service upon it, either personally or by mail, of a certified copy of this order, and that at such hearing said company be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid. Hearing held March 23d. [It is not proper to order. removal of cross-over as a means of correcting abuse. of switching back cars unnecessarily.] COMMISSIONER BASSETT : OPINION OF COMMISSION. This matter was brought to the attention of the Commission by the complaints of the Flatbush Tax Payers' Association and others. railroad company switches back cars at Church avenue which should run through to Their grievance is that the Vanderveer park. As a means of putting an end to this abuse, the complainants ask that the company be ordered to remove the cross-over switch at Church avenue. After hearing the testimony of the complainants and of the railroad company, I believe that there is cause for complaint, but I do not believe that the proper method of correcting the existing abuses is to order the switch torn up. cross-over or switch has its proper uses, and I believe that in this case and in all similar cases the Commission should refuse to order removal of cross-overs as a This means of correcting the abuse of switching cars back unnecessarily. From the company's testimony in this hearing, it would appear that a two and one-half minute headway is maintained in rush hours under normal conditions of travel. This I believe to be sufficient, and in order to prevent unnecessary switching back of cars I present herewith an order limiting the cars switched back to those which are crippled and to the switching back of one, and that the last one, of a number of cars that have become bunched. back the first car, and this almost invariably is the heaviest loaded. By specifying The practice has been to switch the last car I have, I believe, selected the one carrying the smaller number of passengers. I believe that the adoption of this order will remedy the evil complained of. especially as the testimony of the complainants shows that since the service of the order for hearing conditions have been very materially bettered. Thereupon the following final order was issued: FINAL ORDER NO. 376. This matter coming on upon the report of the hearing had herein on the 23rd day of March, 1908, and it appearing that said hearing was held by and pursuant to an order of this Commission, No. 326, made March 10, 1908, and returnable on the 23rd day of March, 1908, and that the said order was duly served upon the Brooklyn Heights Railroad Company, and that the said service was by it duly * See footnote, page 9. acknowledged and that the said hearing was held by and before the Commission on the matters in said order specified on March 23, 1908, before Mr. Commissioner Bassett presiding, Arthur DuBois, Esq., appearing for the Commission and Arthur N. Dutton, Esq., appearing for the Brooklyn Heights Railroad Company, at which hearing proof was taken, Now, it being made to appear, after the proceedings upon said hearing, that the regulations, practices and service of the Brooklyn Heights Railroad Company, in respect to transportation of persons in the First District on its Nostrand avenue line, between Church avenue and Vanderveer Park, has been and is unreasonable, improper and inadequate, and it being the judgment of the Commission that the said railroad company does not run cars enough reasonably to accommodate the passenger traffic transported by or offered for transportation by or offered for transportation to it on its Nostrand avenue line between Church avenue and Vanderveer Park, and that the said railroad company does not run its cars with sufficient frequency between the said points on its Nostrand avenue line. Now, therefore, on motion of George S. Coleman, counsel to the Commission, it is Ordered, That with the exception of such cars as may be disabled or in need of Immediate repair, or such car as may be the last of a group of three or more cars arriving at the Church avenue cross-over at one time, no southbound car on the Nostrand avenue line shall be switched back at Church avenue. That in no event shall the first car of a group of three or more cars arriving at Church avenue at one time be switched back unless disabled or in need of immediate repair, nor shall any car be so switched back unless a car or cars ahead are held for the purpose of providing sufficient accommodation to carry the pas sengers transferring from the car switched back at Church avenue. And it is further ordered, That this order shall take effect at once and continue in force for a period of two years from and after taking effect of the same, but without prejudice for an order for further or additional hearing and action thereon by the Commission in respect of anything herein prescribed or in respect of anything covered by the order for hearing herein, prior to the expiration of said period of two years. And it is further ordered, That before April 3, 1908, said Brooklyn Heights Railroad Company notify the Public Service Commission for the First District whether the terms of this order are accepted and will be obeyed. Brooklyn Heights Railroad Company, Nassau Electric Railroad Company. Failure to stop cars at the north end of the bridge crossing Coney Island creek. Complaint Order No. 633. COMPLAINT OF SARAH EMMONS against BROOKLYN HEIGHTS RAILROAD COMPANY. Complaint Order No. 633 (see form, note 1) issued July 14th. On July 24, 1908, a letter was received from J. F. Calderwood, Vice-President and General Manager of the Brooklyn Heights Railroad Company, stating that the line complained against was not operated by the Brooklyn Heights Railroad Company but by the Nassau Electric Railroad Company. Hearing Order No. 658 and Final Order No. 729 were accordingly directed to the latter company. Hearing Order No. 658 (see form, note 3) issued August 3d. Hearings held August 11th and 26th. The following final order was issued: This matter coming on upon the report of the hearing had herein on August 11, 1908, August 18, 1908, and August 26, 1908; and it appearing that said hearing was had pursuant to Order No. 658 of this Commission, issued upon complaint and answer herein, dated August 3, 1908, and returnable on August 11, 1908, at 2:30 P. M.; and it appearing that said order was duly served upon said Sarah Emmons, complainant, and said Nassau Electric Railroad Company, defendant, and that said service was by said company duly acknowledged; and it appearing that said hearing was had by and before the Commission on the matters in said complaint, answer and order specified on August 11, 1908, August 18, 1908, and August 26, 1908; and it appearing that said hearing was had by and before the Commission on the matters in said complaint, answer and order specified on the aforesaid dates before Mr. Commissioner McCarroll, presiding, Harry M. Chamberlain, Esq., assistant counsel, appearing for the Commission and A. B. MacNamara, Esq., attoiney, appearing for the complainant, and Arthur N. Dutton, Esq., appearing for said Nassau Electric Railroad Company; and testimony having been taken upon said hearing; and it having been made to appear after the proceedings on said hearing that the service of said company upon the line of said company known as the West End Line at and near the north end of the bridge crossing Coney Island creek is inadequate, in that northbound trolley cars of said company do not make any stop at the point mentioned, although the southbound trolley cars do stop at said point, and persons in that vicinity desiring to take northbound trolley cars are obliged to walk across said bridge to the south side thereof, in order to take said cars and northbound passengers destined for the locality mentioned are obliged to alight on the south side of said bridge and walk across said bridge; and it appearing that it is not safe for passengers to cross said bridge; and it having been made to appear after the proceedings on said hearing that changes in said service in the particulars hereinafter set forth ought reasonably to be made, in order to promote the security and convenience of the public and that ten days would be a reasonable time within which such changes should be directed to be executed, Now, therefore, on motion of George S. Coleman, Esq., counsel to the Commission, it is Ordered, That said Nassau Electric Railroad Company be and it hereby is directed and required 1. To fix a safe and convenient point on the north side of the aforesaid bridge at which northbound trolley cars will stop on signal of a person or persons desiring to board said cars at said point or on notice to the conductor of a passenger or passengers desiring to alight therefrom, at said point; 2. To make and enforce a rule requiring stops to be made as hereinbefore provided: 3. To continue in operation its present practice of stopping all southbound trolley cars on the north side of said bridge, at the place now in use for that purpose. It is further Ordered, That the changes above mentioned be put into effect within ten days after service on said company of a certified copy of this order and continued in force until such time as the Public Service Commission for the First District shall otherwise order. It is further Ordered, That said Nassau Electric Railroad Company notify the Public Service Commission for the First District within five days after service on said company of a certified copy of this order whether the terms of said order are accepted and will be obeyed. Brooklyn Heights Railroad Company.- Discontinuance Hearing Order No. 725. of Upon the complaint herein and the answer of the Brooklyn Heights Railroad Company thereto, dated July 14th, it is Ordered. That upon the matters contained therein a hearing be had on the 1st day of October, 1908, at 2:30 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau street, borough of Manhattan, city and State of New York. To the end that the Commission may make such order or orders in the premises as shall be just and reasonable. Further Ordered, That the said complainant and the said Brooklyn Heights Railroad Company be given at least ten (10) days' notice of such hearing by service upon said William A. Dwinell, 1437 Seventy-fifth street, Brooklyn, N. Y., and upon the said Brooklyn Heights Railroad Company, either personally or by mail, of a certified copy of this order, and that at such hearing said complainant and said company be afforded all reasonable opportunity for presenting evidence and examining and cross-examining witnesses as to the matters aforesaid. Hearing held October 1st. The following final order was issued: ORDER No. 756. October 2, 1908. An Order for Hearing, No. 725, having been made herein on the 18th day of September, 1908, upon the complaint of William A. Dwinell, dated the 6th day of July, 1908, and the answer of the Brooklyn Heights Railroad Company to said complaint, dated the 14th day of July, 1908, and said order having been duly served upon said William A. Dwinell and upon said Brooklyn Heights Railroad Company, and said hearing having come on before this Commission on the 1st day of October, 1908, Mr. Commissioner Bassett presiding, and Grosvenor H. Backus, Assistant Counsel to the Commission attending, and Mr. Arthur N. Dutton, superintendent of transportation of the Brooklyn Heights Railroad Company, appearing for said company, and said William A. Dwinell having withdrawn said complaint, Now, on motion duly made and seconded, it is hereby Ordered, That said complaint of said William A. Dwinell against said Brookyln Heights Railroad Company be and the same hereby is dismissed without prejudice the right of the Commission to make such further order or orders in the premises as may from time to time appear necessary or proper. to See the following proceeding. . Brooklyn Heights Railroad Company.- Discontinuance of Thirty-ninth Street Ferry-Bay Ridge Avenue Line. It is hereby ordered, That a hearing he had on the 8th day of October, 1908, at 330 o'clock in the afternoon, or at any time or times to which the same may be adjourned, at the rooms of the Commission, No. 154 Nassau street, borough of Manhattan, city and State of New York, to inquire whether the regulations. practices or service of said company in respect to the transportation of persons within the First District, to wit, over its line or lines between Thirty-ninth Street Ferry and Ulmer Park, in the borough of Brooklyn, are unjust, unreasonable, improper or inadequate, and if it be so found then to determine whether changes in said regulations, practices or service in the particulars following, at the place or places herein mentioned, would be just, reasonable, adequate and proper, and whether such changes shall be put in force, observed and used on the line of said company, namely: 1. Whether the said Brooklyn Heights Railroad Company should be directed to restore its service between Thirty-ninth Street Ferry and Ulmer park, via Second avenue, Sixty-fifth street. Third avenue, Bay Ridge avenue, Thirteenth avenue, Eighty-sixth street and Twenty-fifth avenue, or other street or streets. as said service existed prior to the 1st day of July, 1908, or to establish a service substantially similar to such service as existed between Thirty-ninth Street ferry and Ulmer park prior to said 1st day of July, 1908. |