connection with the Hudson River Railroad at any point north of 59th street; the passenger tubes were to be constructed under the supervision of a board of three engineer-commissioners, consisting of Alfred W. Craven, and two engineer-commissioners to be appointed by the governor, within 60 days from the passage of the act; construction was to be commenced within six months, and operation begun within three years to 14th street, and the remainder within five years. The capital stock of the Company was fixed at $10,000,000, and it was required before commencing the construction of its work to prove to the board of engineer-commissioners that the full amount of its capital stock had been subscribed in good faith and that 10 per cent of it had been paid in cash, or that the Company had made other financial arrangements necessary to insure the completion of the work. The Company was to possess the powers and privileges subject to the duties and liabilities imposed on railroad corporations so far as they were not inconsistent with the charter of this Company or the purpose of its incorporation."

By chapter 503, laws of 1874, the name of this Company was changed to "The Broadway Underground Railway Company" (no. 39). The Company by this act was authorized to construct its tunnels and railways "one foot larger" than provided for in the act of 1873. The Company was also required to construct as the first section of its railway that portion of its line from the Battery or Bowling Green to a connection with the New York and Harlem Railway at or above 42d street.

By chapter 454, laws of 1881, the time of the Company to complete construction of its road was extended to July 1, 1886. The name of the Company was again changed on January 6, 1885, to the "New York Arcade Railway Company" (no. 457).

By chapter 312, laws of 1886, the Company, as the New York Arcade Railway Company, was confirmed in the enjoyment of the powers and privileges granted to it under its former names, and was given additional powers. The time for completing the first section was extended to a date five years from the passage of the act, and the Railroad Commission was authorized to allow

still further extensions if deemed just, of not more than double the time lost by the Company "by reason of injunctions or other legal proceedings had against the Company without collusion on its part; " the first section of the road to be constructed, as required by this supplementary act was "to begin at the Battery, extend thence to Broadway; thence under Broadway and Union place or Union square, on the route heretofore authorized, to or near the junction of Broadway with Eighth avenue and 59th street, or from the Battery to the street Broadway, thence under Broadway and Union place or Union square, as aforesaid, and Madison square and Madison avenue to or above 42d street; or at the option of the Company, both of such lines may compose the first section." It was provided that this act should not be construed as authorizing the Company to build any of its railway on the surface or in an open cut before it reaches the street Broadway." The amount of the Company's capital stock was increased to $25,000,000, and the Company was authorized to borrow from time to time "such sum of money as may be necessary for constructing, completing, finishing or operating its railway." The Company was expressly excepted from the operation of section 47 of the General Railroad Law of 1850, and of chapter 775 of the laws of 1867.

By chapter 60, laws of 1897, the name of the Company was again changed to the "New York Parcel Dispatch Company." This act also provided that no tube should be laid, nor any construction or interference with any street take place under the provisions of this act, or acts amended hereby, in, under or above any street occupied or proposed to be occupied by any rapid transit railroad, without the consent of the board of rapid transit railroad commissioners of such city. And in case the board of rapid transit railroad commissioners of any city should desire to lay or construct or extend any rapid transit railroad in any street, square, avenue or public place occupied by any such pneumatic tube or any construction under this act or the act hereby amended, the right to construct or maintain any pneumatic tube or any such construction should be absolutely subject and subordinate to the powers of the board of rapid transit railroad commissioners and subject to their control or regulation. October

13, 1909, the Company made application to the Public Service Commission for the First District for the approval of the formation of a corporation under the act of 1897. No action was taken on this application.

Unconstitutionality of the act of 1873. March 12, 1889, the Court of Appeals, in the case of John Jacob Astor, et al. vs the Arcade Railway Company, 113 N. Y. 93, held that the act of 1873, authorizing the Company to use its tubes for railway purposes, and all the subsequent acts relating to the Company were unconstitutional, on the ground that the act of 1873 did not contain in its title an adequate description of its purposes. In its opinion accompanying this decision the court said that from 1868 to 1886 "so far as this record discloses, nothing whatever was done by the corporation, except to change its name several times, and to procure acts of the legislature purporting to enlarge its powers and extend its corporate life." No pneumatic tubes have been constructed, and it is a fair inference from the admitted facts that the system for the pneumatic transmission of property was, before the year 1873, found to be impracticable. It had been tried in various parts of Europe, but had proved a failure, and for the general transmission of property or passengers was in the year 1873 nowhere in use. The court inferred that the persons interested in the corporation had by 1873, become "aware of its inefficiency for any practical purpose," and had concluded to procure an enlargement of its powers and purposes. The title of the act of 1873, by which the legislature purported to grant these new powers was "well calculated to deceive any persons to whose attention it came while the act was under consideration in the Legislature." Speaking of the provisions of the new act relating to the original purposes of the Company, the court said "Here we find nothing of pneumatic tubes or of propulsion by atmospheric pressure, nor even of pneumatic railways. We read of passenger tubes, but we must not be deceived by the juggle of words. We find authorized a grand underground railway not less than 15 miles long, with two or more tracks, turnouts, platforms, stations, buildings and other appurtenances, with power to connect with certain steam railroads to be operated through passageways called tubes, 18 feet in height and 31 feet in width, ex

terior measurement, in fact, tunnels which could not be operated by atmospheric pressure. What was before a manufacturing corporation was converted into a railroad corporation, or at least had superadded the powers, privileges, duties and liabilities of railroad corporations under the general laws of the state, with authority, by consent of the engineer-commissioners, to use for the movement of its cars, horses, steam or any other motive power. The construction of such a railway by such a corporation is certainly a subject not expressed in the title of the act. The only subject there indicated is the transportation of passengers and property through pneumatic tubes by atmospheric pressure. A title purporting that an act provides for pneumatic transportation would not be sufficient for an act authorizing the construction and operation of a horse railway or a steam railway, as a title purporting that an act authorizes a line of omnibuses for the transportation of passengers would not be sufficient for an act authorizing the construction of a railway for the same purpose." Four of the seven judges went further, and held that even if the act of 1873 had been valid, the act of 1886 would in itself have been void as violating the constitutional amendment in effect January 1, 1875, prohibiting the legislature from passing a private or local bill granting any corporation the right to lay down railroad tracks by giving it any exclusive privilege, immunity or franchise. They held that the act of 1886 was in effect a new grant of substantive rights, in addition to and differing from what might have been claimed under the act of 1873.

Construction. In the Company's report to the Railroad Commission for the year 1885, it was stated that it was not a railroad company. It said, however, "The Company constructed a pneumatic railway from about Chambers street to the post office on Broadway, in which a car was run." The entire constructed road of the Company is contained within the Broadway Rapid Transit Route, and has been demolished in the construction of the latter.

14

The Belden Point Railroad Company
(The Bronx)

Incorporation. September 26, 1892; for purpose of constructing a railroad to be operated by steam, electricity or other motive

power; corporate life, 1,000 years; capital stock $30,000; route (about three miles) as follows:

Commencing at or about the line of the New Haven Railroad at a point between Westchester and Bartow extending to City Island, at a point adjoining the land of William Belden.

Construction. No record of any construction. The Company has probably forfeited its corporate existence.

15 Belt Line Railway Corporation

Incorporation.

(Manhattan)

December 24, 1912. By Edward Cornell and others, as a reorganization of The Central Park, North and East River Railroad Company (no. 127); capital stock, $200,000; route, described by reference to chapter 511, laws of 1860, incorporating the predecessor company, as follows:

Extending from a point in Whitehall street, near South ferry, in the Borough of Manhattan, city of New York, through various streets and avenues in said act specified, on the easterly side of Manhattan island, to 59th street; then crossing 59th street to 10th avenue, and south through various streets and avenues in said act specified, on the westerly side of said island, to a point in Whitehall street, near South ferry, * and also all other railroads and railroad routes, rights, privileges and franchises belonging to the Central Park, North and East River Railroad Company on the 1st day of December, 1872, or thereafter acquired by it.

The routes of the Company are described in detail in an application to the Public Service Commission for the First District for permission to issue stocks and bonds, dated December 24, 1912, as follows:

1 The 59th street line, running on 59th street from First avenue to 10th avenue, and on 10th avenue to 54th street.

2 The West Belt line, running from 54th street along 10th avenue, Little West 12th street, West street, Battery place and Whitehall street to South ferry.

3 The East Belt line, running from 59th street along First avenue, 14th street, Avenue D, Eighth street, Lewis street, East Houston street, Mangin street, Grand street, Corlears street, Monroe street, Jackson street, Front street, South street, Roosevelt street, Front street and Whitehall street to South ferry, and thence returning by way of South street, Broad street, Water street, Old slip, South street, Montgomery street, Corlears street, Grand street, Goerck street, East Houston street, Avenue D, 14th street and First avenue to 59th street.