deliver to the bridge trustees for transportation across the bridge, any cars in which smoking should be permitted while such cars are upon the bridge. The Company agreed to pay the bridge trustees the sum of five cents per round trip for each car operated over the bridge, but was forbidden to charge an extra or additional fare for carrying passengers across the bridge.

This agreement was, modified by supplementary agreement, dated September 29, 1897, by the terms of which the tracks on the north roadway of the bridge were to be placed on the south side of the north roadway and those on the south roadway were to be placed on the north side of the south roadway.

Motive power. November 23, 1891, the Company applied to the Railroad Commission for consent to change its motive power from horse to the overhead single electric trolley system. December

21, 1891, the Brooklyn common council passed resolutions approving this change subject to certain conditions, one of which was that the electric current was to be used for the propulsion and lighting of its cars, and for no other purpose whatever. The Company was required to furnish power to other companies ́ operating on its tracks, and authorized to use elevated railroad structures, with the consent of the owners, for the support of its wires. The city as a property owner gave its consent to the change of motive power in front of city property. The Company in its application to the Railroad Commission submitted affidavits showing the consents obtained from property owners on Water street, Fulton street, Front and Washington streets and DeKalb avenue. January 12, 1892, the Company's application was granted as to the DeKalb avenue line operating along the streets mentioned.

January 23, 1892, the Company applied to the Railroad Commission for permission to change its motive power on the Franklin avenue line. Great opposition to this application was shown by some of the property owners. In some cases consents were withdrawn if they had been given, and again in some cases the withdrawals were revoked. The Railroad Commission decided that it had no authority to pass upon the sufficiency of the consents, that question being left entirely for the determination of the courts.

March 22, 1892, the Railroad Commission made an order authorizing the Company to change its motive power from horse to the overhead trolley electric system, on its route as follows:

On Grand street from the East river to Kent avenue; on South Eighth and South Ninth streets, from Kent avenue to Wythe avenue; on Wythe avenue from South Eighth street to Wallabout street; on Franklin avenue from Wallabout street to the city line, and continuing on Franklin avenue to Malbone street, and on Malbone street from Franklin avenue to Flatbush avenue.

April 21, 1893, the Company again applied to the Railroad Commission for permission to change its motive power on its

route:

On River street from Grand street to Kent avenue, and on Kent avenue from Grand street to South Ninth street.

The Commission approved this change, May 1, 1893, without expressly stating what the motive power had been or what it was to be except as may be implied from the conditions attached to the consent, which were similar to those attached in the preceding year to the consent for the change of motive power on Franklin

avenue.

Obligation to keep streets paved. April 5, 1876, Corporation Counsel DeWitt, of the city of Brooklyn, rendered an opinion to the board of city works that the right of the Company to occupy DeKalb avenue east of Debevoise street rested entirely upon authority of the resolution of the common council of July 30, 1860, and that the provision in the company's franchise to keep in repair the street between the tracks and for three feet on each side was a valid obligation of the Company. In conclusion the corporation counsel recommended that proceedings be instituted to terminate the tenure of the street by the Company. The matter being taken up by the board of city works, the Company objected to repaving and repairing the street for the three feet outside of its rails, whereupon the whole matter was presented by the board of city works to the board of aldermen of the city of Brooklyn, which body, however, took no final action thereon.

Removal of tracks. May 14, 1877, by resolution of the common council, city of Brooklyn, the Company was directed to remove the rails of its abandoned railroad track on Bridge street between Concord and Willoughby streets within five days.

June 11, 1877, by another resolution adopted by the common council, city of Brooklyn, it was resolved "that providing the Brooklyn City and Newtown Railroad Company remove their tracks from Bridge street between Concord and Willoughby streets, within ten days from receiving notice of this resolution, that they will be permitted to re-lay the same when they propose to operate their road to the terminus of said street."

June 25, 1877, another resolution was introduced in the common council directing the Company to remove the rails of its abandoned railroad tracks on Gold street, between Concord and Johnson streets within ten days. This resolution was referred to the railroad committee of the common council, but never adopted by that body. Later, another resolution was adopted directing the Company to repair the street between its tracks and three feet on each side thereof, on Gold street between Concord and Front streets within 10 days.

October 5, 1885, by resolution of the common council, city of Brooklyn, this Company and The Brooklyn City Railroad Company were directed to remove their sidings on Washington street, and were authorized as soon as the sidings were removed to connect the easterly track on Washington street with the westerly track on Fulton street by a single track running on Johnson street, the work to be done under the supervision of the department of city works.

Stock. In the Company's report to the state engineer, 1862, it stated that of its $600,000 of authorized capital stock, $346,000 had been subscribed and paid in. By chapter 680, laws of 1866, the Company was authorized to issue preferred stock to an amount not to exceed $200,000, in addition to its existing capital stock, the proceeds to be applied to the payment of bonds amounting to $200,000, issued for the construction, of the road. In the Company's report to the state engineer for 1867, the amount of capital stock subscribed and paid in is shown as $400,000. In the Company's report for 1869, it appears that $196,000 of its debt had been converted into stock, making a total amount of stock outstanding, $596,000. The Company's report for 1872 showed the capital stock reduced to $200,000, and the funded debt increased to $400,000. In the report for the next year, 1873, the amount

of capital stock paid in had increased again to $300,000, and the amount of funded debt remained the same. In the Company's report for 1874, the capital stock is given as $600,000, the funded debt as $400,000, and the floating debt as $52,000. By the Company's report for 1876, the amount of capital stock authorized had been increased to $2,000,000, and the amount paid in was given as $600,000. By the report to the Railroad Commission, for 1899, it appears that $1,923,400 of capital stock had been issued, and that of this amount all but $2,000 was held by The Coney Island and Brooklyn Rail Road Company.

Intercorporate relations. (See also chart III, no. 33.) By a stipulation dated April 17, 1871, in the case of this Company against The Park Avenue Railroad Company, the differences between the parties, arising out of the legislative franchise of The Park Avenue Railroad Company, chapter 600, laws of 1870, were settled. In the act referred to, the route of The Park Avenue Railroad Company had been defined as:

Commencing at a point in Water street near Fulton ferry, and running thence along Water street, Bridge street, Park avenue, Vanderbilt avenue and Ninth avenue to Greenwood cemetery, returning by the same route as far as the corner of Park avenue and Gold street, thence along Gold street, Front street and Fulton street to the place of beginning.

By the agreement of April 17, 1871, the Park Avenue Company was permitted to use this Company's tracks on the portion of the Park Avenue Company's route that was identical with this Company's route, at a rental of $700 a year per mile of single track used. This Company was to retain the exclusive use of its present track:

From a point in Fulton street as far southerly from the southeasterly corner of Water and Fulton streets as it is practicable to commence the curve into Water street, to a point in Water street at least 60 feet easterly from the said corner.

The stipulation further provided that The Park Avenue Railroad Company was to build a track with Wharton's patent switch between the points as described, "over which they shall run their cars, the southerly rails of which track shall be within 30 inches from the sidewalk upon the southerly side of Water street, from the corner as stated for a distance of 60 feet easterly therefrom." August 4, 1872, by an agreement entered into between this Com

pany and The Brooklyn City Rail Road Company, this Company acquired the right to use the Brooklyn City tracks on Fulton street, between DeKalb avenue and Washington street for the yearly compensation of $609.84. This agreement was not for any specified time, but no provision was made for its termination, except as a result of the rental remaining unpaid for a period of 60 days after it had become due.

November 1, 1877, by an agreement entered into between this Company and The Coney Island and Brooklyn Rail Road Company, this Company acquired the right to use the southerly single track of the Coney Island and Brooklyn Company on Water street between Fulton ferry and Main street, upon the payment of a rental of $100 per annum.

May 12, 1883, by an agreement entered into between The Brooklyn City Rail Road Company and The Grand Street, Prospect Park and Flatbush Rail Road Company (whose property and franchises were subsequently acquired by this Company), the Grand Street Company was given the right to use the Brooklyn City tracks on Franklin avenue, between, Gates and Greene avenues, and on First street (now Kent avenue), the northerly track between Grand and South Ninth streets, and the southerly track between Little Water and South Eighth streets.

June 18, 1885, an agreement was entered into between this Company and the Prospect Park and Coney Island Railroad Company, in which it was recited that this Company had "certain legislative rights and franchises to maintain and operate a horse railroad, along, through and upon Washington street from Myrtle avenue to Front and Water streets, and upon certain other streets and avenues in the city of Brooklyn," and that the Prospect Park and Coney Island Railroad Company had "certain legislative rights and franchises to operate a horse railroad upon said Washington street from Concord street to said Front and Water streets, and upon certain other streets and avenues in said city of Brooklyn," and that the latter company desired to construct “a siding, stand and turn-out on the westerly side of the westerly track of the main tracks on said Washington street, the property of said Brooklyn City and Newtown Railroad Company." This Company gave its consent to the construction desired.