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The Bronx Gas and Electric Company - Rates for electricity in The Bronx Case No. 2176,

Hearing Resolution
Opinion
Discontinuance Order

This proceeding was begun upon motion of the Commission on the question of rates and charges of The Bronx Gas and Electric Company for electric current furnished by it in the Borough of The Bronx. The Commission, on January 25, 1917, directed (see blank form of hearing resolution, page 9) that a hearing be had on February 7, 1917. Hearing was had on February 7, and subsequent dates to March 19, 1917.

Thereupon the Commission, on April 25, 1917, rendered an opinion (see 8 P. S. C. R. [1st Dist. N. Y.], 99) and issued the following order :

IN THE MATTER

OF THE

Hearing on the motion of the COMMISSION as to the rates and charges of THE BRONX GAS AND ELECTRIC COMPANY in respect of electric current furnished by it in the Borough of The Bronx

Case No. 2176,
Order Discontinuing
Proceeding
April 25, 1917

A hearing having been had in this proceeding beginning on February 7, 1917, and on certain adjourned dates, before the Commission, with respect to the rates and charges for electric current furnished by The Bronx Gas and Electric Company in the Borough of The Bronx, Atwater and Cruikshank, by Alfred B. Cruikshank appearing for the company, Milo R. Maltbie, appearing for The Mayor of The City of New York, Theodore H. Friend and Max Just appearing for the Taxpayers' Alliance of the Borough of The Bronx, P. A. McManus appearing for the Retail Liquor Dealers Association of The Bronx, Peter Schweickert appearing in person, Thomas J. MacDonald appearing for the Merchants and Taxpayers Union, and H. H. Whitman, Assistant Counsel attending for the Commission, and the Commission being of the opinion after due deliberation that this proceeding should be discontinued; it is

Ordered, That this proceeding be and the same hereby is discontinued, without prejudice to any future proceeding or to an order therein in regard to the subject matter of this case.

The Brooklyn and North River Railroad Company - Complaint of Manhattan Bridge Three Cent Line as to operation and rates of fare between termini of Manhattan bridge

Case No. 2063,

Rehearing Order
Amending Order
Denial Orders

Notice of Acceptance of Order

This proceeding was begun upon the complaint of the Manhattan Bridge Three Cent Line against The Brooklyn and North River Railroad Company as to the route, service and rate of fare between the termini of Manhattan Bridge. Hearing was had on April 17, 1916. On June 1, 1916, the Commission rendered an opinion (see 7 P. S. C. R. [1st Dist., N. Y.], 152) and issued an order directing that The Brooklyn and North River Railroad Company abate every violation of its contract with The City of New York, dated September 9, 1913, and discontinue certain operation and service. Upon application of The Brooklyn and North River Railroad Company, the Commission on July 13, 1916, directed that a rehearing be had on July 19, 1916. Hearing was had on July 19, 20 and 27, 1916. The Commission on November 29, 1916, rendered an opinion (see 7 P. S. C. R. [1st Dist. N. Y.], 242) and issued an order directing The Brooklyn and North River Railroad Company to discontinue receiving passengers at certain points for rate of fare of less than five cents, and to discontinue terminating the operation of any of its cars at the terminal of the Manhattan bridge in the Borough of Manhattan or at the terminal of the Manhattan bridge in the Borough of Brooklyn, to wit, the intersection of Bridge street and Flatbush Avenue extension. On December 27, 1916, the Commission issued an order denying the company's application for a modification of the order of November 29, 1916.

The company having applied under date of January 11, 1917, for a rehearing, the Commission on January 17, 1917, issued an order directing that a rehearing be had on January 22, 1917. Hearings were had on January 22 and 31, 1917. Thereupon the Commission issued the following order:

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An order having been made herein June 1, 1916 directing The Brooklyn and North River Railroad Company to abate certain violations of its contract with The City of New York dated September 9, 1913 and said order having been amended by order dated November 29, 1916, and The Brooklyn and North River Railroad Company having applied to the Commission for a rehearing with respect to certain matters determined by paragraph (3) of said order as amended, and a rehearing having been had before the Commission on January 31, 1917, Almet R. Latson appearing for the Manhattan Bridge Three Cent Line, Arthur G. Peacock appearing for The Brooklyn and North River Railroad Company, Arthur DuBois, Assistant Counsel to the Commission, attending, and the Commission being of the opinion that said order of June 1, 1916, as amended, should be further amended, Now, therefore, it is

Ordered, That the order made herein June 1, 1916 as amended be and the same hereby is amended to read as follows:

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The complainant. Manhattan Bridge Three Cent Line, having heretofore duly filed its complaint herein against the defendant. The Brooklyn and North River Railroad Company, and this Commission having by order made February 10, 1916, directed that the matters complained of be satisfied or that the charges be answered by defendant, and an answer to said complaint having been duly filed and the Commission by order dated April 6. 1916, having directed that a hearing be had and the hearing having been duly held before the Commission on April 17, 1916, Latson & Tamblyn, by Almot Reed Latson, of Counsel, appearing for complainant, C. L. Woody appearing for the defendant, Arthur G. Peacock appearing for New York Railways Company, and the Commission having investigated the matters complained of; and it appearing that The Brooklyn and North River Railroad Company has been and is terminating the operation of some of its cars at the intersection of Bridge Street and Flatbush Avenue Extension in the Borough of Brooklyn and that the route of cars so operated ends at the Brooklyn Terminal of the Manhattan Bridge within the meaning of the prohibition contained in the franchise under which The Brooklyn and North River Railroad Company operates and in the contract between The City of New York and The Brooklyn and North River Railroad Company dated September 9, 1913; and it further appearing that The Brooklyn and North River Railroad Company has been and is receiving passengers at various points on Canal Street, in the Borough of Manhattan. City of New York, 'west of the Manhattan Terminal of the Manhattan Bridge and transporting such passengers to various points east of said Brooklyn Terminal, for a rate of fare less than five cents for one continuous ride, and that such operation is prohibited by and contrary to the terms and conditions of the franchise under which The Brooklyn and North River Railroad Company operates and of the contract between The City of New York and The Brooklyn and North River Railroad Company, dated September 9, 1913: and it further appearing that The Brooklyn and North River Railroad Company has been and is receiving passengers at the Manhattan Terminal of the Manhattan Bridge and transporting such passengers to various points in the Borough of Brooklyn beyond the Brooklyn Terminal of the Manhattan Bridge, for a rate of fare less than five cents for one continuous ride, and that such operation also is prohibited by and contrary to the terms and conditions of the franchise under which The Brooklyn and North River Railroad Company operates

and of the contract between The City of New York and The Brooklyn and North River Railroad Company, dated September 9, 1913; and it further appearing that the said The Brooklyn and North River Railroad Company is now, and has been receiving passengers at various points_on_Flatbush Avenue Extension east of the Brooklyn Terminal of the Manhattan Bridge, in the Borough of Brooklyn, City of New York, and transporting such passengers to the Manhattan Terminal of the Manhattan Bridge or to various points west of said Manhattan Terminal at a rate of fare less than five cents for one continuous ride, and that such operation is prohibited by and contrary to the terms and conditions of the franchise under which The Brooklyn and North River Railroad Company operates and of the contract between The City of New York and The Brooklyn and North River Railroad Company, dated September 9, 1913; and it further appearing that the said The Brooklyn and North River Railroad Company is now and has been so operating its cars as to permit passengers to be transported over the Manhattan Bridge and beyond the termini thereof in the Borough of Brooklyn without exacting the payment of any fare in excess of three cents, and that such operation also is prohibited by and contrary to the terms and conditions of the franchise under which The Brooklyn and North River Railroad Company operates and of the contract between The City of New York and The Brooklyn and North River Railroad Company, dated September 9, 1913;

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(1) That the Brooklyn and North River Railroad Company forthwith discontinue receiving passengers at the Manhattan terminal of the Manhattan Bridge and at points west thereof and transporting such passengers to any point in the Borough of Brooklyn beyond the Brooklyn terminal of the Manhattan Bridge for a rate of fare less than five cents for one continuous ride.

(2) That the Brooklyn and North River Railroad Company forthwith discontinue receiving passengers at any point in the Borough of Brooklyn east of the Brooklyn terminal of the Manhattan Bridge and transporting such passengers to the Manhattan terminal of the Manhattan Bridge or to any point west of said Manhattan terminal at a rate of fare of less than five cents for one continuous ride.

(3) That the Brooklyn and North River Railroad Company discontinue terminating the operation of any of its cars at the terminal of the Manhattan Bridge in the Borough of Manhattan or at the terminal of the Manhattan Bridge in the Borough of Brooklyn or at the intersection of Bridge Street and Flatbush Avenue Extension.

Further ordered. That this order take effect immediately and remain in force until further order of the Commission.

Further ordered, That this amendatory order take effect immediately and that within five days after service thereof upon The Brooklyn and North River Railroad Company the said The Brooklyn and North River Railroad Company notify the Commission whether the terms of this order as amended are accepted and will be obeyed.

The company having applied under date of March 5, 1917, for an extension of time within which to notify the Commission whether the terms of the order of February 28, 1917, were accepted and would be obeyed, the Commission, on March 7, 1917, issued an order denying such application.

The company having applied under date of March 17, 1917, for rehearing with respect to the matters determined by the order of February 28, 1917, the Commission on March 30, 1917, issued an order denying such application.

On May 23, 1917, the Commission ordered filed a notice verified May 18, 1917 from The Brooklyn and North River Railroad Company accepting the order of February 28, 1917.

Brooklyn Borough Gas Company and Kings County Lighting Company — Complaint of Edward G. Baltz et al. as to rate for gas in Thirty-first Ward, Brooklyn

Case No. 1280,

Approval Resolution

This proceeding was begun upon complaint of Edward G. Baltz and others against the Brooklyn Borough Gas Company and the Kings County Lighting Company as to the price of gas in the Thirty-first Ward, Borough of Brooklyn. Hearings were had during 1910 and 1911. The Commission, on August 18, 1911, rendered an opinion (see 2 P. S. C. R. [1st Dist., N. Y.1, 620) and issued an order dismissing the complaint against the companies.

A communication, dated August 28, 1917, having been received by the Commission from Alton D. Adams, representing the Corporation Counsel of The City of New York, requesting permission to make use of certain statistical data acquired by the accountants and employes of the Commission relative to the Brooklyn

Borough Gas Company, the Commission, on August 16, 1917, adopted the following resolution :

Whereas, Alton D. Adams, Public Service Engineer, Boston, Mass., has been employed by the Corporation Counsel of the City of New York to value the gas plant of the Brooklyn Borough Gas Company for use in the action pending in the Supreme Court of the County and State of New York, wherein said Company is the plaintiff and the City of New York, this Commission, and others, are defendants, Resolved, That upon the written request of Alton D. Adams, that he and his representatives be permitted, in behalf of said City of New York, to inspect, copy and make use of any inventory, list or appraisal of any property belonging to the said Brooklyn Borough Gas Company, or of any data relative to the fiscal affairs of that Company, in so fars any such data has been prepared by, or is in the possession of, employees of this Commission, it is hereby authorized and directed that Mr. Adams and his representatives shall, under the supervision of Counsel to the Commission and subject to such regulations and conditions as to mode and basis of use as Counsel may prescribe. be permitted to inspect, copy and make use of any such inventory, list of property, appraisal, and other data regarding the said plaintiff Company.

The Brooklyn Heights Railroad Company et al.-Application for approval of changes and advances in rates of fare

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This proceeding was begun upon the application of the Coney Island and Brooklyn Railroad Company, Coney Island and Gravesend Railway Company, Brooklyn, Queens County and Suburban Railroad Company, the Nassau Electric Railroad Company and The Brooklyn Heights Railroad Company, verified May 23, 1917, for the approval of changes and advances in rates of fare, by changing or modifying the order of March 17, 1914, in Case No. 1801, and Schedule "A" thereof as amended on March 27, 1914. The Commission, on May 25, 1917, adopted a motion directing that hearings in Cases Nos. 2211, 2212 and 2214 be had on June 6, 1917. The Commission, on May 28, 1917, directed (see blank form of hearing resolution, page 9) that a hearing be had on June 6, 1917. Hearing was had on June 6, and on subsequent dates to July 9, when the hearing was adjourned to September 10, 1917.

On July 9, 1917, the Commission adopted the following resolution:

Resolved, That upon the written request of The Brooklyn Heights Railroad Company and its affiliated companies operating street surface railroads comprised in the Brooklyn Rapid Transit Company system, that in connection with their application relative to rates of fare (Case No. 2214), Mr. Bion J. Arnold and his representatives be permitted to inspect, copy and make use of any inventory, list or appraisal of property belonging to The Brooklyn Heights Railroad Company and its affiliated companies which was made by Mr. Arnold or under his immediate personal supervision while he was in the employ of this Commission, it is hereby authorized and directed that Mr. Arnold and his representatives shall, under the supervision of Counsel to the Commission and subject to such regulations and conditions as to mode and basis of use as Counsel may prescribe, be permitted to inspect, copy and make use of any such inventory. list of property and appraisal; similar access to such data to be on the same basis made available, on request, to the use of the City of New York or any other parties to the proceeding.

Hearings were continued on September 10, and on subsequent dates to December 10, 1917, when the hearing was adjourned to January 7, 1918.

On December 12, 1917, the Commission ordered filed a communication, dated December 5, 1917, from the Central Federated Union, protesting against any further adjournment of the hearings in Cases Nos. 2211, 2212, 2214, 2223 and 2224, and requesting that the hearings be held in the evening.

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Coney Island and Brooklyn Railroad Company, Nassau Electric Railroad Company and New York Consolidated Railroad Company Complaint of Prospect Park West Civic Association as to change of five-cent fare points to and from Coney Island, and transfers from Fifth Avenue Elevated line to surface lines

Case No. 1871,

Dismissal Order

A complaint dated August 5, 1914, was received from R. Sanders, Chairman of the Prospect Park West Civic Association, against the Coney Island and Brooklyn Railroad Company, the Nassau Electric Railroad Company and the New York Consolidated Railroad Company, requesting a change of the five-cent fare points to and from Coney Island, and that transfers be issued from the Fifth Avenue Elevated line to the surface lines. The companies made answer under date of September 30, 1914, stating there was no justification for the extension of the transfer privilege or for changing the five-cent fare point.

Thereupon, the Commission on May 2, 1917, issued the following order:

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Upon the complaint herein, dated August 5, 1914, and the answer thereto, dated September 30, 1914, it is

Ordered, That the said complaint be and the same hereby is dismissed.

Flatbush Gas Company - Complaint of Samuel E. Maires et al. as to rate for electricity in Brooklyn

Case No. 1541,

Motion as to Hearings

This proceeding was begun upon the complaint of Samuel Evans Maires and others against the Flatbush Gas Company in regard to the rate charged for electricity in the Borough of Brooklyn. Hearings were had during 1912 and 1913. Further hearing was had on October 23, 1916, and was adjourned subject to call. On October 26, 1916, the Commission notified the interested parties that the hearing would be resumed on January 4, 1917.

Hearing was had on January 4, and on subsequent dates to May 28, and was adjourned to June 1, 1917.

On May 31, 1917, the Commission adopted a motion designating Commissioners Hayward and Hervey or either of them to preside at the future hearings in this case. Hearing was resumed on June 1, and on subsequent dates to July 23, 1917, when the hearing was closed.

Kings County Lighting Company

Complaint of John G. Mayhew et al. as to

rate for gas in the Thirtieth Ward, Borough of Brooklyn

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This proceeding was begun upon the complaint of John G. Mayhew and others, as to the rate charged by the Kings County Lighting Company for gas for light,

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