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 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. The Secretary offered a memorandum with regard to the records of accidents by the companies upon whom the order of the Commission was served, showing that certain companies made delays in the telephone reports as follows: "The average delay of each company in recording accidents, covering the six days, August 12 to 17, inclusive, from the exact time of the happening of the accident to the telephonic report to this office was as follows: Brooklyn Heights Railroad Company, 1 hour and 12 minutes. Coney Island and Brooklyn Railroad Company, 1 hour and 15 minutes. New York Central and Hudson River Railroad, 1 hour and 53 minutes. New York and Queens County Railroad Company, 1 hour and 7 minutes. The average delay of all companies reporting was 1 hour and 41 minutes." Thereupon the following resolution, offered by Commissioner Eustis, was adopted August 29, 1907: Resolved, That the Secretary be directed to write to the corporations that have failed to comply with Rule 4 in not reporting accidents immediately, calling their attention to their delay and asking them to explain why they have been so delinquent. ACCIDENTS NOTICE OF RAILROAD TERMINALS, ETC.- PUBLIC SERVICE COMMISSIONS LAW, SECTIONS 47 AND 86. OPINION OF COUNSEL. I am in receipt of your letter bearing date September 3d, inquiring as to whether you should have the order requesting reports of accidents served on the Pennsylvania Railroad, Delaware, Lackawanna and Western, and railways of that description which have ferry terminals or freight yards in the First District. I have considered a provision of section 86 of the Public Service Commissions Law, to the effect that nothing in the acts contained should be deemed to apply to or operate upon interstate or foreign commerce. I think, nevertheless, that such railroads as you mention are within the jurisdiction of the Commission in respect of their terminal facilities; that they are subject to the provisions of section 47 of the Public Service Commissions Law, and that the order mentioned should be served upon them and that reports pursuant thereto required from them respecting accidents happening within the territory of the First District. Dated, September 6, 1907. Railroad Corporations, Street Railroad Corporations and Common Carriers- Filing copies of accounts, records and memoranda Uniform system of accounts. Filing Order No. 2, issued July 8, 1907, p. 683, 1907 Rep. Gas and Electrical Corporations.- Filing copies of accounts, records and memoranda - Uniform system of accounts. Filing Order No. 3, issued July 8, 1907, p. 683, 1907 Rep. Railroad Corporations, Street Railroad Corporations and Common Carriers.- Filing copies of accounts, records and memoranda, relating to movements of traffic and schedules and other traffic data. Filing Order No. 4, issued July 8, 1907, p. 683, 1907 Rep. Union Railway Company of New York City.-Dangerous loca- Brooklyn Rapid Transit Company, Interborough Metropolitan Company, Metropolitan Securities Company.— Investigation into general condition. Order No. 6, issued July 18, 1907, p. 684, 1907 Rep. Order No. 12, issued September 29, 1907, p. 689, 1907 Rep. Order No. 17, issued September 29, 1907, p. 690, 1907 Rep. Union Railway Company of New York City and Westchester Electric Railroad Company.-Operation of Williamsbridge cars to the city limits. Complaint Order No. 7, issued July 29, 1907, p. 685, 1907 Rep. Final Order No. 45, issued October 25, 1907, p. 705, 1907 Rep. COMMISSIONER EUSTIS: OPINION OF COMMISSION. "Mr. Chairman, I have another matter to report on a hearing. There was a complaint made some time ago by various people in the upper part of The Bronx against the Union Railway Company in stopping a certain line of cars, the Williamsbridge cars, at Two Hundred and Thirty-third street, while formerly they had continued them to the city line at Two Hundred and Forty-second street. There has been a hearing on that matter, we have taken testimony, and believe that the complaint is well founded, and unjust to the people, and I wish to submit the following report and order: Order No. 45 was thereupon adopted requiring the company to operate its Williamsbridge line of cars to the City line. (Separate final orders were issued after Complaint Order No. 7 and Hearing Order No. 20, viz. Final Orders Nos. 46 and 62 relating to service on Bedford Park and New Rochelle Express Line and Final Orders Nos. 45 and 63 relating to the operation of Williamsbridge cars to the city limits.) Union Railway Company of New York City and Westchester Complaint Order No. 7, issued July 29, 1907, p. 685, 1907 Rep. Final Order No. 46, issued October 25, 1907, p. 706, 1907 Rep. Final Order No. 62, issued November 1, 1907, p. 717, 1907 Rep. The Secretary offered a memorandum with regard to the records of accidents by the companies upon whom the order of the Commission was served, showing that certain companies made delays in the telephone reports as follows: "The average delay of each company in recording accidents, covering the six days, August 12 to 17, inclusive, from the exact time of the happening of the accident to the telephonic report to this office was as follows: Brooklyn Heights Railroad Company, 1 hour and 12 minutes. Coney Island and Brooklyn Railroad Company, 1 hour and 15 minutes. New York Central and Hudson River Railroad, 1 hour and 53 minutes. New York and Queens County Railroad Company, 1 hour and 7 minutes. The average delay of all companies reporting was 1 hour and 41 minutes." Thereupon the following resolution, offered by Commissioner Eustis, was adopted August 29, 1907: Resolved, That the Secretary be directed to write to the corporations that have failed to comply with Rule 4 in not reporting accidents immediately, calling their attention to their delay and asking them to explain why they have been so delinquent. ACCIDENTS -- NOTICE OF RAILROAD TERMINALS, ETC.- PUBLIC SER- OPINION OF COUNSEL. I am in receipt of your letter bearing date September 3d, inquiring as to whether you should have the order_requesting reports of accidents served on the Pennsylvania Railroad, Delaware, Lackawanna and Western, and railways of that description which have ferry terminals or freight yards in the First District. I have considered a provision of section 86 of the Public Service Commissions Law, to the effect that nothing in the acts contained should be deemed to apply to or operate upon interstate or foreign commerce. I think, nevertheless, that such railroads as you mention are within the jurisdiction of the Commission in respect of their terminal facilities; that they are subject to the provisions of section 47 of the Public Service Commissions Law, and that the order mentioned should be served upon them and that reports pursuant thereto required from them respecting accidents happening within the territory of the First District. Dated, September 6, 1907. Railroad Corporations, Street Railroad Corporations and Common Carriers- Filing copies of accounts, records and memoranda - Uniform system of accounts. Filing Order No. 2, issued July 8, 1907, p. 683, 1907 Rep. Gas and Electrical Corporations.- Filing copies of accounts, records and memoranda - Uniform system of accounts. Filing Order No. 3, issued July 8, 1907, p. 683, 1907 Rep. Railroad Corporations, Street Railroad Corporations and Common Carriers.- Filing copies of accounts, records and memoranda, relating to movements of traffic and schedules and other traffic data. Filing Order No. 4, issued July 8, 1907, p. 683, 1907 Rep. Union Railway Company of New York City.-Dangerous loca- Brooklyn Rapid Transit Company, Interborough Metropolitan Company, Metropolitan Securities Company.- Investigation into general condition. Order No. 6, issued July 18, 1907, p. 684, 1907 Rep. Order No. 12, issued September 29, 1907, p. 689, 1907 Rep. Union Railway Company of New York City and Westchester Electric Railroad Company.- Operation of Williamsbridge cars to the city limits. Complaint Order No. 7, issued July 29, 1907, p. 685, 1907 Rep. Final Order No. 45, issued October 25, 1907, p. 705, 1907 Rep. COMMISSIONER EUSTIS: OPINION OF COMMISSION, "Mr. Chairman, I have another matter to report on a hearing. There was a complaint made some time ago by various people in the upper part of The Bronx against the Union Railway Company in stopping a certain line of cars, the Williamsbridge cars, at Two Hundred and Thirty-third street, while formerly they had continued them to the city line at Two Hundred and Forty-second street. There has been a hearing on that matter, we have taken testimony, and believe that the complaint is well founded, and unjust to the people, and I wish to submit the following report and order: Order No. 45 was thereupon adopted requiring the company to operate its Williamsbridge line of cars to the City line. (Separate final orders were issued after Complaint Order No. 7 and Hearing Order No. 20, viz. Final Orders Nos. 46 and 62 relating to service on Bedford Park and New Rochelle Express Line and Final Orders Nos. 45 and 63 relating to the operation of Williamsbridge cars to the city limits.) Union Railway Company of New York City and Westchester Complaint Order No. 7, issued July 29, 1907, p. 685, 1907 Rep. Final Order No. 46, issued October 25, 1907, p. 706, 1907 Rep. Final Order No. 62, issued November 1, 1907, p. 717, 1907 Rep. |