practical effect of the decision in Potter vs Collis was to confirm the privileges of the Company granted under the original resolutions of the common council but to release it from the obligations imposed by the same resolutions.

Intercorporate relations. (See also chart I, no. 6.) November 23, 1895, the Company's lines were leased to the Metropolitan Street Railway Company for a period of 99 years at an annual rental of $215,000, the lessee Company agreeing to expend during the first two years of the lease the sum of $1,000,000 on the road in changing the motive power and providing equipment. This lease is still in force and is held by New York Railways Company.

Construction. The entire route covered by the Company's franchises has been constructed. As stated by the New York City Railway Company in 1908, the tracks of its franchise routes are now owned by it, with the following exceptions:

On Canal street from Varick street to Broadway, both tracks electric, are owned in common with the Sixth Avenue Railroad Company; on West Broadway from Canal street to Chambers street, both tracks electric are owned in common with the Sixth Avenue Railroad Company; on West Broadway from Chambers street to Barclay street, one track electric, is owned in common with the Sixth Avenue Railroad Company; on Church street from Vesey street to Barclay street the single track electric, is owned in common with the Sixth Avenue Railroad Company; on Church street from Barclay street to Chambers street, and on Chambers street, from Church street to West Broadway the single track horse is owned in common with the Sixth Avenue Railroad Company; on Barclay street from West Broadway to Church street the single track electric is owned by The Broadway and Seventh Avenue Railroad Company.

Trackage on private right of way from Barclay street to Vesey street in continuation of old College place, single track, and on Vesey street from private right of way to Church street, single track, and on Vesey street from Church street to Broadway, double tracks, formerly owned and used in common with the Sixth avenue Railroad Company, has now been taken up. Existing trackage may be summarized as follows:

195 Elm Street Connecting Railway Company

(Manhattan)

Incorporation. May 24, 1900; The Railroad Law; for purpose of constructing a street surface railroad; corporate life, 1000 years; capital stock, $20,000; route (about 6,000 feet) as follows:

On Elm street from its intersection with Centre street north to Great Jones street.

Intercorporate relations. This Company was organized as a subsidiary of the Metropolitan Street Railway Company.

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

196 Empire City Traction Company
(Manhattan)

Incorporation. December 30, 1895; General Street Railroad Law of 1884; for purpose of constructing a street surface railroad to be operated by any motive power other than locomotive steam power; corporate life, 99 years; capital stock, $100,000; route (about 3/4 miles) as follows:

Beginning at the Hudson river, on West 145th street, and running thence easterly through and along said West 145th street to the Harlem river; and also beginning at the Hudson river on West 96th street; running thence easterly, through and along said West 96th street, to its intersection with Columbus avenue; running thence northerly through and along said Columbus avenue, to its intersection with West 97th street; running thence easterly through and along said West 97th street, to the easterly side of Central Park West; thence easterly through and along the Transverse road through Central park at 97th street, to Fifth avenue; thence easterly through and along East 97th street, to its intersection with Madison avenue; thence southerly through and along Madison avenue to its intersection with East 96th street; thence easterly, through and along East 96th street, to its intersection with Third avenue; thence northerly through and along said Third avenue, to its intersection with East 99th street; thence easterly through and along said East 99th street to the East river.

Certificate of convenience and necessity. The Company applied to the Railroad Commission for a certificate of convenience and necessity under section 59 of the Railroad Law. March 4, 1896, the Railroad Commission denied its application. On appeal the appellate division of the Supreme Court, first department, upheld the Commission, saying that "it was the intention of the law beyond doubt to prevent the paralleling of routes and the filing

of certificates of incorporation by divers associations for same routes, and the holding of franchises by the filing of such certificates, thereby preventing others willing to do so from proceeding with the improvement without making terms with the corporation first filing the certificate."

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

197 The Far Rockaway Beach Railroad Company

(Queens)

Incorporation. April 15, 1881; General Railroad Law of 1850; for purpose of constructing a railroad from a point in the village of Far Rockaway, at or near the Long Island Railroad, to the Beach and the Atlantic ocean; corporate life, 100 years; capital stock, $50,000; route (11⁄2 miles).

Map. April 30, 1881, this Company filed a map of its route in the office of the county clerk of Queens County.

Stock. In 1882 this Company reported that $48,400 of its capital stock had been subscribed, and $4,840 paid in. In 1883 the status of the road remained the same.

Construction. In a report made for the year 1883, it was stated that construction was not yet begun, on account of litigation. Nothing further is known of the Company's activities, and it has probably forfeited its corporate existence.

198 Far Rockaway Branch Railroad Company of Queens County, New York (Queens)

Incorporation. June 22, 1868; General Railroad Law of 1850; for purpose of constructing a steam road; corporate life, 25 years; capital stock, $75,000; route (about five miles), as follows:

Commencing in the village of Far Rockaway and terminating at some point on the line of The South Side Railroad Company of Long Island, between Pearsall Corner and Springfield, in the town of Hempstead.

Map. The Company filed in the office of the county clerk of Queens County

March 23, 1869, a map of its route from Far Rockaway to Valley Stream, and June 16, 1869, a map of its route from Far Rockaway to a connection with the South Side Railroad at the Ridgewood aqueduct.

Stock. In 18€9 the Company's entire capital stock had been subscribed, and in 1870 paid in full.

Intercorporate relations. (See also chart V, no 21.) By chapter 863, laws of 1872, The South Side Railroad Company of Long Island (no. 622) was authorized to purchase the capital stock of several other companies, including this Company, and thereafter to consolidate the companies. This consolidation was effected, as to this Company, by a certificate filed in the office of the secretary of state September 14, 1872, certifying that all of the Company's outstanding stock was held and owned by The South Side Railroad Company of Long Island.

August 26, 1882, the railroad formerly owned by this Company was sold under foreclosure sale, and on October 28, 1882, a deed was executed conveying the railroad to Henry Graves for $26,000. December 19, 1882, the road was conveyed by Graves and wife to the Brooklyn and Montauk Railroad Company (no. 55), which is now owned and operated by The Long Island Railroad Company as a part of its system.

Construction. In the report of the Company for 1869 it appears that the road had been constructed and was being operated by The South Side Railroad Company of Long Island, under lease.

Incorporation. April 14, 1887; General Street Railroad Law of 1884; for purpose of constructing a street surface railroad; corporate life, 50 years; capital stock, $20,000; route (about one mile) as follows:

Beginning at the intersection of Catharine street and Mott avenue; running thence southerly along Catharine street to Clark avenue; thence easterly along Clark avenue to a road known as the Turnpike; thence southerly along said Turnpike to an avenue known as avenue, which runs parallel or nearly so to the Far Rockaway bay or inlet and thence along said avenue to and through a point known as Caffrey's Hill.

*

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

* As in original certificate of incorporation,

200 The Ferry Crosstown Rail Road Company

(Manhattan)

Incorporation. January 16, 1885; General Street Railroad Law of 1884; for purpose of constructing a street surface railroad; corporate life, 1000 years; capital stock, $300,000; route (about two miles) as follows:

Commencing on South street, near Fulton ferry, thence along South to Burling slip; along Burling slip to John; along John to Broadway and across same to Dey street, and along Dey to West; along West to Liberty street, and from West at Cortlandt along Cortlandt to and across Broadway to Maiden lane; along Maiden lane to South; and along South to connect at Burling slip, single track, except between South to Burling slip, which is double track; and between West and Liberty streets, either single or double track.

Construction. No record of any construction. In a letter to the secretary of state, dated September 7, 1885, signed by the president of the Company, it was stated that the Company, having failed to obtain its franchise; had abandoned all operations, and has resolved to take no further action.

201 Fifth Avenue Railroad Company

(Manhattan)

Incorporation. May 8, 1884; General Street Railroad Law of 1884; for purpose of constructing a street surface double track railroad; corporate life, 50 years; capital stock, $100,000; route (about six miles) as follows:

Beginning at the Harlem river, running thence southerly in a direct line through Fifth avenue its entire length to Washington square.

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

202 The Fifth Avenue Railway Company

(Manhattan)

Incorporation. September 8, 1885; General Street Railroad Law of 1884; for purpose of constructing a street surface railroad; corporate life, 1000 years; capital stock, $2,500,000; route (about 312 miles) as follows:

Commencing at the southerly end of South Fifth avenue at Canal street, and running thence northerly with double tracks, in, through and along South Fifth avenue and the public street through Washington square to the Fifth avenue; thence northerly in, through and along Fifth avenue in a continuous line to the Central park at or near 59th street.