along, upon, over and across said Bowne street (so-called) to the northwesterly side of Imlay street; thence along, upon, over and across Imlay street and upon Bowne street to, into and upon the premises bounded by Imlay, Bowne, Van Brunt and Commerce streets to Commerce street; thence turning and running westerly along, upon, over and across Commerce street to the northwesterly side of Imlay street; thence along, upon, over and across Commerce street (so-called), and to and upon Commercial wharf, connecting upon said wharf with the aforesaid route upon Commercial wharf, and runs from the junction of Clinton wharf with Commercial wharf northwesterly along said Clinton wharf to the water line of the East river, thence curving southwesterly and running in a southwesterly direction between the northwesterly side of Ferris street and the water line to said terminus "2," and is commonly known as Atlantic terminal; and the aforesaid three terminals are connected to form one continuous railroad from said terminus 1, to said terminus 2, by means of rail bearing car floats, bearing the cars on railroad tracks, which said floats are propelled by steam tugs, or other mechanical power, upon the waters of the East river between the said terminals.

Certificate of convenience and necessity. June 5, 1911, by order of the Public Service Commission, the Company was granted a certificate of convenience and necessity under section 9, of the Railroad Law.

Special franchises. July 25, 1912, by contract entered into with the City of New York, pursuant to a resolution adopted by the Board of Estimate and Apportionment July 11, 1912, and approved by the mayor July 16, 1912, the Company obtained a franchise to construct its road as follows:

(a) One track beginning at a point in the northerly side of Joralemon street about 266 feet westerly from the westerly line of Furman street; thence in, upon and across Joralemon street in a southwesterly direction to the southerly side thereof, at a point about 319 feet westerly from the westerly side line of Furman street; also a second track in, upon and across Joralemon street, parallel to the last described track and situated about 12.5 feet northwesterly from the centre line of said last described track; (b) One track beginning at a point in the northerly side of Baltic street at a point about 654.5 feet westerly from the westerly side line of Columbia street; thence in, upon and across Baltic street in a southwesterly direction to the southerly side thereof at a point about 678 feet westerly from the westerly side line of Columbia street; also one track beginning at a point in the northerly side line of Baltic street at a point about 712 feet westerly from the westerly side line of Columbia street; thence in, upon and across Baltic street in a southwesterly direction to a point in the southerly side thereof about 752 feet westerly from Columbia street; also one track beginning at a point on the northerly side of Baltic street at a point about 695 feet from the westerly side line of Columbia street; thence in, upon and across Baltic street in a southwesterly direction to a point near the southerly side thereof in the centre line of the track last above described, and there

connecting with the said last above described track; also one track beginning at a point in the northerly side line of Baltic street about 677 feet westerly from the westerly side line of Columbia street; thence in and upon Baltic street in a southwesterly direction to a point within Baltic street in the centre line of the last above described track and there connecting with said last described track;

(c) One track beginning at a point in the southwesterly side of Bowne street about 51 feet southeasterly from the southeasterly side line of Imlay street; thence in and upon Bowne and Imlay streets in a northwesterly direction to a point in the northwesterly side line of Imlay street about 25 feet northeasterly from the intersection of the prolongation of the southwesterly side line of Bowne street with the northwesterly side line of Imlay street;

Also one track beginning at a point in the southwesterly side line of Bowne street about 17 feet southeasterly from the southeasterly side line of Imlay street; thence in and upon Bowne and Imlay streets in a northwesterly direction to a point near the northwesterly side line of Imlay street in the centre line of the track last above described, and there connecting with the said last described track; also one track beginning at a point in the southwesterly side line of Bowne street about five feet southeasterly from the southeasterly side line of Imlay street, thence in and upon Bowne and Imlay streets in a northwesterly direction to a point near the northwesterly side line of Imlay street and in the centre line of the track above described as beginning in the southwesterly side line of Bowne street at a point about 51 feet southeasterly from the southeasterly side of Imlay street and there connecting with the said described track;

(d) One track beginning at a point in the northeasterly side line of Commerce street about 61 feet southeasterly from the southeasterly side line of Imlay street; thence in and upon Commerce and Imlay streets in a general westerly direction to a point in the northwesterly side line of Imlay street about 20 feet northeasterly from the intersection of the prolongation of the southeasterly side line of Commerce street with the northwesterly side line of Imlay street; also one track beginning at a point on the northeasterly side of Commerce street about 31 feet southeasterly from the southeasterly side line of Imlay street; thence in and upon Commerce and Imlay streets in a general westerly direction to a point near the northwesterly side line of Imlay street in the centre line of the last described track, and there connecting with said described track; also one track beginning at a point in the northeasterly side line of Commerce street about 20 feet southwesterly from the southwesterly side line of Imlay street; thence in and upon Commerce and Imlay streets to a point near the northwesterly side line of Imlay street and in the centre line of the track above described as beginning in the northeasterly side line of Commerce street at a point about 61 feet southeasterly from the southeasterly side line of Imlay street, and there connecting with said described track; also one track beginning at a point in the northeasterly side line of Commerce street about eight feet southeasterly from the southeasterly side line of Commerce street; thence in Commerce and Imlay streets in a general westerly direction to the northeasterly side of Imlay street at a point a few feet northerly from a point where the track above described as beginning in the northeasterly side line

of Commerce street at a point about 61 feet southeasterly from the southeasterly side of Imlay street intersects the northwesterly side of Imlay street.

This franchise was granted on condition that this Company enter into an agreement with the New York Dock Company whereby each should agree with the City and between themselves, as follows:

1.— That each of said companies hereby consents to the condemnation by the City at any time in the future of any property, land, franchises or tracks owned by them, or either of them, or of the right to use such land, property, franchises or tracks, in common with said Companies, or either of them, which for public use or for public purposes may be required by the City or by any persons or corporations, thereunto duly authorized by the City; 2.— That in any· such condemnation no award shall be claimed by either Company for the value of any railroad franchise granted by the City, nor shall any award be made therefor;

3.— That should the City at any time in the future establish a freight terminal or other means of public service requiring the use of the railroad, docks or other property and facilities of either Company, then either the Company or both shall upon notification by the Board permit the City to enter upon such property and use such property and facilities for said purposes. The compensation to either Company and other terms upon which the City shall be entitled to use such property and facilities shall be as favorable to the City as those upon which similar property and facilities are similarly used in manner and extent by other persons or corporations. If no similar property and facilities are similarly used in manner and extent by other persons or corporations, then the said compensation and other terms shall be reasonable, and may be determined by condemnation, but the City shall at all times be permitted to enter upon such property for said purposes after 60 days' notice by the Board to either or both of said Companies, provided that such condemnation proceedings shall be initiated within 90 days after such entry;

4.— That the foregoing provisions shall be binding upon the said Companies and their successors and assigns.

This agreement was entered into on the same date that the contract for the Company's franchise was executed and was made a part of the franchise grant. The permission and approval of the Public Service Commission to the exercise of this franchise grant was obtained, August 9, 1912.

Stock. March 28, 1913, the Company was authorized by the Public Service Commission, to issue its capital stock to the amount of $500,000; of which $50,000 should be common and $450,000 six per cent preferred stock; that the preferred stock should be cumulative from and after January 1, 1913; that upon the disso

lution of the Company the preferred stock should be entitled to a preference over the common stock in the distribution of assets; and, that all the stock authorized should be issued for money and that the proceeds thereof should be applied only to purposes as set forth in detail in the order on file with the Public Service Commission.

Intercorporate relations. (See also chart VI, no. 64.) The Public Service Commission April 11, 1913, authorized this Company to enter into a contract with the New York Dock Company, providing for the operation of its railroad upon and over the property of the Dock Company (see case no. 1665). The contract has not as yet been executed.

Construction and operation. In its report to the Public Service Commission for the year ending June 30, 1913, the Company states its constructed and operated trackage to be as follows:

Incorporation. December 5, 1871, as a reorganization of the West Side Elevated (Patented) Railway Company (of New York City) (no. 710); General Railroad Law of 1850; for purpose of constructing a railroad in New York, Westchester and Putnam Counties; corporate life 100 years; capital stock $10,000,000; route (about 160 miles), as follows:

Commencing at the Battery and running thence through the westerly part of the city of New York and Westchester County to Putnam County; also, commencing at the Battery and running through the central part of the city of New York and Westchester County to Putnam County; also, commencing at the Battery and running through the easterly part of the city of New York and Westchester County to Port Chester; also, from the Hudson river to the East river, in the First ward of the city of New York; also, from the Hudson river in the Third ward to the East river in the Second ward of the

city of New York; also, from the Hudson river in the Fifth ward to the East river in the Seventh ward of the city of New York; also, from the Hudson river in the Eighth ward to the East river in the Seventh ward of the city of New York; also, from the Hudson river in the Eighth ward to the East river in the 13th ward of the city of New York; also, from the Hudson river in the Ninth ward to the East river in the 11th ward of the city of New York; also, from the Hudson river in the 16th ward to the East river in the 18th ward of the city of New York; also, from the Hudson river in the 20th ward to the East river in the 21st ward of the city of New York; also, from the Hudson river near West 43d street to the East river near East 43d street, also, from the Hudson river near West 52d street to the East river near East 52d street; also, from the Hudson river near West 70th street to the East river near East 70th street; also, from the Hudson river near West 85th street to the East river near East 85th street; also, from the Hudson river near West 96th street to the East river near East 96th street; also, from the Hudson river near West 110th street to the East river near East 110th street; also, from the Hudson river near West 120th street to the East river near East 120th street; also, from the Hudson river near West 130th street, in the city of New York, to the Long Island sound in Morrisania; also, from the Hudson river near West 155th street, in the city of New York, to Port Morris on the Long Island sound; also, from the Hudson river near West 174th street, in the city of New York, to the Long Island sound near the Bronx river; also, from the Hudson river near West 206th street, in the city of New York, to Fort Schuyler on Throgg's Neck; also, from the Hudson river near the Spuyten Duyvil creek to Eastchester bay in Long Island sound; also, from the Hudson river, in the village of Yonkers, to the Long Island sound in New Rochelle; also, from the Hudson river, in the village of Tarrytown, to Port Chester on Long Island sound.

December 7, 1871, Nathaniel Jarvis, Jr., referee, deeded to the Company the franchises and property of the West Side Elevated (Patented) Railway Company (of New York City). January 2, 1872, James A. Cowing deeded to the Company the rights in the same railroad which he had purchased October 5, 1871, at foreclosure sale. January 27, 1873, Francis H. Tows made an assignment to the Company of all the rights acquired by him at the Jarvis sale of November 15, 1870. By these three conveyances the Company acquired the title to all the property of the West Side Company.

By chapter 595, laws of 1875, the Company was confirmed in the possession and enjoyment of the rights, powers, privileges and franchises of the West Side and Yonkers Patented Railway Company as fully and at large" as they had been granted to the latter company. It was specifically provided that this act should not be construed as authorizing the construction or extension of the