Railways Company, was created. Hearings were held upon the application and evidence presented by the Committee to the Commission showed that, based upon the road's experience for many years, 20 per cent of the gross earnings was necessary each year in order to provide for maintenance and depreciation of the physical properties. In order to carry out the plan the Commission made three orders, (1) authorizing issue of the stocks and bonds, (2) consenting to the execution of the mortgages, and (3) requiring, among other things, the company to reserve 20 per cent of its gross operating revenues month by month to provide for maintenance and depreciation of its properties during the month. The company sued out a writ of certiorari at Special Term, New York County, to review the last order. The matter was argued before the Appellate Division on December 13, 1917.

(22) People ex rel. The City of New York v. J. Sergeant Cram and others- Supreme Court, New York County.

After hearings before the Public Service Commissions for the First and Second Districts, a joint order was made in Case No. 1929 directing the New York and Harlem Railroad Company to make certain changes in the existing structures at and near the point where East 241st street and East 242d street are crossed by the tracks of the New York, New Haven and Hartford Railroad Company and the New York and Harlem Railroad Company. Certain tracks were to be removed and relocated; a new station was to be built; the use of portions of East 241st street and East 242d street was to be discontinued and traffic diverted to a viaduct to be constructed within the lines of East 241st street in the City of New York and within the lines of Wakefield avenue, which is substantially a continuance of East 241st street in the City of Yonkers. The City of New York instituted certiorari proceedings to review the joint order of the Commissions. No further action was taken in this proceeding, inasmuch as certiorari was not the proper remedy, and the City later appealed to the Appellate Division of the Supreme Court pursuant to Section 90 of the Railroad Law. The certiorari proceeding was accordingly discontinued.

(23) People ex rel. State of New York v. J. Sergeant Cram and others-Supreme Court, New York County.

The State of New York, by the Attorney-General, commenced certiorari proceedings to review the joint order just referred to above. No action was taken in this proceeding, inasmuch as the order of the Commission was under review by the Appellate Division of the Supreme Court in the appeal by the City from this order. The proceeding was subsequently discontinued. (24) People ex rel. The Long Island Railroad Company v. Public Service Commission - Supreme Court, Appellate Division, First Department.

This proceeding arose out of the application of John Adikes and Thomas Adikes engaged in business as wholesale grocers and dealers in produce, having a large warehouse situated on the east side of Tyndale street at Jamaica in the Borough of Queens, City of New York, on the south side of the Long Island Railroad. Acting upon the suggestion of The Long Island Railroad Company's agent at Jamaica that they get a plant on the north side of the railroad the Adikeses purchased the property on the north side and in 1897 a side track was installed at their expense. They were subsequently informed by the railroad company that the property north of the railroad's right of way had been obtained for the company's permanent freight yard. While the Adikeses have had a side track to their property since 1897 The Long Island Railroad Company in 1913 notified them of its intention to terminate the agreement for the side track. In a suit by them to restrain determination, the railroad company was enjoined at Special Term but the Appellate Division in reversing the court below and in ordering a new trial intimated that application might be made by the plaintiffs to the Public Service Commission under Section 27 of the Public Service Commissions Law. Such application was accordingly made. The Commission ordered the railroad company to construct and establish a switch connection between its railroad at Jamaica in the Borough of Queens, City of New York, and the private side track on the property of the petitioners. The petitioners were required to pay the entire cost

of construction of so much of the switch connection located on their own property and one-half of the cost of so much of the switch connection as would be located in, upon, or over any public streets. The railroad company sued out a writ of certiorari to review the action of the Commission in this matter. The Appellate Division annulled the order of the Commission and referred the matter back to the Commission with authority to make an order limiting the construction required to be made by the railroad company to the construction of the switch connection and side track to the line of its property to connect with the structure of the petitioners when constructed to the line of the railroad company's property. Further hearings were held before the Commission on the question of compensation to be allowed the railroad company for the construction of the side track and switch connection on this property. An order was adopted by the Commission directing the company to construct the switch connection and side track upon its own property between its railroad in Jamaica and a lateral line of railroad or private side track to be constructed by the petitioners upon their own property, and specifying as a reasonable compensation for the construction of switch connection and side track on the property of the railroad company the sum of $1.00. The company then sued out another writ of certiorari to review the determination of the Commission but before the matter came on for argument The Long Island Railroad Company accepted the order of the Commission and the certiorari proceeding was accordingly discontinued.

(25) People ex rel. The Long Island Railroad Company and

The Newtown Gas Company v. Public Service Commission and others — Supreme Court, Appellate Division, First Department.

The Long Island Railroad Company is a railroad corporation operating in the County of Queens, New York City. Metropolitan avenue and Fresh Pond road cross each other diagonally and at or near their meeting point are crossed by The Long Island Railroad Company's tracks. The Commission in July, 1910, instituted a proceeding to determine whether alterations or changes should be made in these grade crossings and made its determination on December 8, 1911, stating the alterations and changes to be made

at these crossings. The company proceeded with the work under the supervision of the Commission and completed the same in accordance with plans approved by the Commission. Thereupon a hearing was held upon the accounts submitted by the company showing the cost of the necessary work. The Commission authorized its Chairman and Secretary to execute and file with the Comptroller a certificate that the necessary work in changes and elimination of the grade crossings had been properly performed, under the supervision of the Commission. In reaching its conclusion as to the amount, the Commission disallowed two items of expenditure concededly made by the company for (1) changes to structures of public service corporations and the interest on such amount, and (2) for corporation inspectors and interest thereon. These expenditures were for relocation and removal of trolley tracks of the Brooklyn Heights Railroad Company and others and the removal and relocation of mains and pipes of The Newtown Gas Company and the Citizens' Water Supply Company. The Long Island Railroad Company applied to the Commission for a rehearing asking for an amendment of the Commission's resolution so as to allow the sum disallowed. The Commission denied the application. The company claimed and the Commission denied that such expenditures were properly made in conducting the work of eliminating such grade crossings and were necessary to enable the work to proceed expeditiously and without loss to all the parties involved. The company sued out a writ of certiorari at Special Term, New York County, to review the order of the Commission and praying that the court vacate and set aside the Commission's determination in so far as it applied to the items of expenditures disallowed. The proceeding was noticed for argument on January 9, 1918.

APPEALS UNDER RAILROAD LAW FROM ORDERS OF THE COMMISSION (26) Re tracks, structures and other property of the New York Central Railroad Company and the New York, New Haven and Hartford Railroad Company at or near 241st street in the Borough of The Bronx, City of New YorkSupreme Court, Appellate Division, First Department.

After a hearing before the Public Service Commissions for the First and Second Districts, a joint order was made directing the

New York and Harlem Railroad Company to make certain changes in the existing structures at and near the point where East 241st street and East 242d street are crossed by the tracks of the New York, New Haven and Hartford Railroad Company and the New York and Harlem Railroad Company. Certain tracks were to be removed and relocated; a new station was to be built; the use of portions of East 241st street and East 242d street was to be discontinued and traffic diverted to a viaduct to be constructed within the lines of East 241st street in the City of New York and within the lines of Wakefield avenue, which is substantially a continuance of East 241st street in the City of Yonkers. The City appealed under Section 90 of the Railroad Law to the Appellate Division from the joint order of the Commission, which affirmed the order of the Commission. opinion is given here below:

The

"The proceeding was instituted in March, 1915, by the Public Service Commission, First District, upon its own motion, under section 95 of the Railroad Law, as amended by chapter 354 of the Laws of 1913, by which a Public Service Commission is authorized in the absence of any application therefor and of its own motion to institute proceedings looking to the elimination of grade crossings. The hearing was first had before the Commission for the First District alone and a tentative order made. A rehearing being demanded by the City of New York, it was held by the two Commissions jointly as authorized by law and as justified in the present case by the fact that the improvement ordered is the natural corollary of an improvement already ordered in the county of Westchester by the Commission for the Second District. The order appealed from is the result of such rehearing.

"Briefly the order required as follows: (1) The removal of the tracks of the New York Central Railroad Company to a changed line of such railroad on an embankment about 200 feet to the west of the East Two Hundred and Forty-first street intersection and about 275 feet to the west of the East Two Hundred and Forty-second street intersection in such manner that the center line of the railroad in its new location should be substantially identical with the prolongation of the Woodlawn tangent south of such points of intersection and substantially identical with the prolongation of the center line of the new roadbed of