1096 1097 A. Yes, I do. Edward A. Maher. Q. And through whom had they been operating them? A. Through General Manager Oren Root. Q. And do you know anything as to the operation of The Third Avenue system by the New York City Railway Company prior to the appointment of Messrs. Joline and Robinson, that is, do you know who operated The Third Avenue system's roads as a matter of fact? A. Yes; the Metropolitan Street Railway Company or the New York City Railway Company. Q. That is the New York City Railway Company operated them as lessee of the Metropolitan? A. As lessee of the Metropolitan Railway Company, I understand. Q. And prior to the New York City Company's lease, the operation was by the Metropolitan Street Railway Company? A. Yes, sir. Q. And you know these facts from your contact with the Metropolitan Street Railway Company and the New York City while they were operating the 1098 roads? A. Yes, I do. Q. And during that time you were president of the Union Railway Company? A. I was. Q. What are the facts as to the operation of the Southern Boulevard Railroad Company at the pres ent time? A. The Southern Boulevard Railroad Company is a separate corporation operated under the charge of myself as president of the company. Q. And what is true as to the operation of the Kingsbridge Railway Company? Q. And is the same true as to the Kingsbridge 1101 Railway? A. It is. Q. And those are now operated as part of The Third Avenue system, are they? A. They are. Q. The Union Railway Company of New York City, had that a separate operation during the time you were its president? A. It had. Q. And that was for something like 10 years past? A. 16 years past. 1102 Edward A. Maher. Q. And in connection with the Union Railway Company of New York City you have testified that the Yonkers Railroad Company, the Tarrytown Railway Company and the Westchester Electric Railroad Company, and also the Southern Boulevard Railroad Company were operated as part of the Union Railway system? A. They were. Q. And those were all under your management? Q. What was the general condition of the prop1103 erty of The Third Avenue Railroad Company at the time you took it over from the Receivers of the New York City Railway Company? 1104 A. Most deplorable. Q. And that is true as to the cars? A. And that is true as to the tracks generally. That is true as to the buildings, to a very great extent, with the exception of the power house itself at Kingsbridge. Q. The condition of the property, both real estate, that is the buildings, and the personal property, was bad, except, you say, the Kingsbridge power house? A. Excepting the Kingsbridge power house, (No Cross-examination.) Mr. Borland: I offer in evidence certifi cate of incorporation, being the articles of association of The Third Avenue Railroad Company, dated October 6th, 1853, and filed in the office of the Secretary of State of New York on October 8th, 1853, and recorded in Edward A. Maher. book No. 1 of Railroad Corporations, page 229. Admitted and marked Exhibit 35, J. A. S., Ex'r, November 13, 1908. Mr. Borland: Next I offer in evidence a certified copy of a certificate of incorporation of the Interurban Street Railway Company, dated November 23rd, 1901, and filed in the office of the clerk of Westchester County, November 25th, 1901, and filed in the Secretary of State's office of New York November 25, 1901. Admitted and marked Exhibit 36, J. A. S., Ex'r, November 13, 1908. Mr. Borland: Next I offer in evidence a certified copy of an order made at Special Term, Part I, of the Supreme Court of the State of New York, held in and for New York County on December 28th, 1903, in a proceeding, entitled "In the matter of the application of the Interurban Street Railway Company for authority to change its corporate name to New York City Railway Company," which order bears the signature of Mr. Justice Fitzgerald and is certified by the clerk of Westchester County as a true copy of an order filed in his office December 30th, 1903. 1105 1106 1107 1108 1109 1110 Edward A. Maher. between the directors of the Houston, West Street and Pavonia Ferry Railroad Company, as party of the first part; the directors of the Broadway Railroad Company, as parties of the second part, and the directors of the South Ferry Railroad Company, as party of the third part, which joint agreement, together with the consents of more than two-thirds of the stockholders of each of said railroad companies, given pursuant to subdivision 2 of section 71 of the Railroad Law, was filed as an original agreement of consolidation forming the Metropolitan Street Railway Company, and recorded in the Secretary of State's office of New York on December 12, 1903, as appears by the certificate of John Palmer, Secretary of State, under his seal of office, dated August 27th, 1904, endorsed thereon. Admitted and marked Exhibit 38, November 13, 1908. J. A. S., Ex'r. Mr. Borland: I next offer in evidence joint agreement dated May 18th, 1894, entitled Metropolitan Street Railway Company agreement of consolidation made by directors of Metropolitan Street Railway Company, as party of the first part; the directors of Metropolitan Crosstown Railroad Company, as party of the second part, and the directors of Lexington Avenue and Pavonia Ferry Railroad Company, as party of the third part, which joint agreement, with the consents of more than two-thirds of the |