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The application was as follows:

In the Matter

of

The application of The City of New York, relative to acquiring title to Hegeman avenue, between East Ninety-eighth street and New Jersey avenue, in the Borough of Brooklyn, City of New York.

To the Public Service Commission of the First District:

Whereas, The Board of Estimate and Apportionment of The City of New York, by a resolution adopted on the 19th day of April, 1907, initiated proceedings in the name of The City of New York to acquire title for the use of the public to the lands, tenements and hereditaments required for the purpose of opening and extending Hegeman avenue, in the Borough of Brooklyn, City of New York; and

Whereas, The said Hegeman avenue so proposed to be opened crosses the tracks of the Manhattan Beach Branch of the Long Island Railroad Company and the Brooklyn and Rockaway Beach Railroad Company; and

Whereas, In pursuance of section 61 of the Railroad Law (chapter 565 of the Laws of 1890), notice of the intention of The City of New York to lay out said Hegeman avenue across the tracks of said Manhattan Beach Branch of the Long Island Railroad Company and the Brooklyn and Rockaway Beach Railroad Company was given to said railroad companies on the first day of April, 1907; and

Whereas, In pursuance of section 61 of the Railroad Law, a hearing was held thereon before the Board of Estimate and Apportionment on the 19th day of April, 1907; and

Whereas, The said Board of Estimate and Apportionment, on the said 19th day of April, 1907, duly determined that it was necessary that the said Hegeman avenue should cross the tracks of the Manhattan Beach Branch of the Long Island Railroad Company and the Brooklyn and Rockaway Beach Railroad Company, as aforesaid; and

Whereas, Section 61 of the Railroad Law provides that application shall be made to the Board of Railroad Commissioners to determine whether such street shall pass over or under such railroads, or at grade; and

Whereas, The Corporation Counsel of The City of New York was requested by the said Board of Estimate and Apportionment, in a resolution adopted on the 19th day of April, 1907, to take the necessary steps to have the Board of Railroad Commissioners determine whether said Hegeman avenue shall pass over or under said railroads, or at grade; and

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Whereas, By chapter 429 of the Laws of 1907 the Board of Railroad Commissioners was abolished and all the powers and duties of said Board are devolved upon and are to be exercised and performed by the Public Service Commission;

Now, therefore, The City of New York, in pursuance of chapter 429 of the Laws of 1907, and of section 61 of the Railroad Law, applies to the Public Service Commission of the First District to determine whether the said Hegeman avenue shall pass over or under or at grade of the tracks of said Manhattan Beach Branch of the Long Island Railroad Company and the Brooklyn and Rockaway Beach Railroad Company, and requests that the Public Service Commission of the First District appoint a time and place for a hearing in relation thereto and that a notice of the time and place of such hearing be served upon the Corporation Counsel of The City of New York.

Dated New York, December 18, 1907.

(Signed)

F. K. PENDLETON,

Corporation Counsel of The City of New York.

Note-Hegeman avenue crosses the railroad tracks referred to at grade at present, the railroad tracks being elevated at this point. (5)

2872

The Secretary presented a report of the Grand Jury of the County of Queens, in attendance upon the December, 1907, term of the County Court of Queens County, as to investigation by them of the trolley cars of the New York and Queens County Railway Company in Long Island City, with special reference to the use of arc headlights, and to the failure of the company to provide proper signs designating the different lines.

Commissioner Bassett-"It is right to say, in that connection that District Attorney Darrin of Queens County was here yesterday, and has on several occasions conferred with me regarding these shortcomings of the Queens County lines. He has prepared a tabulation of the time of summer cars, overcrowding, etc., having hired helpers to do that, and on account of the shortness of his appropriation, he has not been able to have the matter digested and abstracted, and has at my suggestion brought all of that tabulated material here, and I have put it in the hands of the Transit Inspection Department, for them to take care of through the winter, in the expectation that next summer it can be used as the basis for having the summer travel better attended to."

It was moved and duly seconded, that the presentment of the Grand Jury be referred to one Commissioner, as a Committee.

Ayes-Commissioners Bassett, Maltbie, Eustis.

Nays-None.

Carried.

The Acting Chairman designated Commissioner Bassett as such Committee.

(6)

2063

The Secretary presented notices of deposit from the Department of Finance, which were ordered on file, and which stated:

(1) That the Comptroller had deposited $8,000 to the credit of Rapid Transit Fund No. 2 (Public Service Commission), authorized January 25, 1907, $3,614; March 22, 1907, $4.386; pursuant to section 10, chapter 4, Laws of 1891, and section 7, chapter 752, Laws of 1894, as amended.

(2) That the Comptroller had deposited $183,000 to the credit of Rapid Transit Construction Fund, Manhattan-Bronx, authorized March 31, 1905, pursuant to chapter 4, Laws of 1891, as amended by chapter 7, Laws of 1900 and sections 45, 169 and 170 of the Greater New York Charter as amended.

(3) That the Comptroller had deposited $3,000 to the credit of Rapid Transit Fund No. 2 (Public Service Commission), authorized January 25, 1907, pursuant to section 10, chapter 4, Laws of 1891, and section 7, chapter 752, Laws of 1894, as amended.

(7)

On motion, duly seconded, it was

Resolved, That the following appointment be made from the Civil Service list:

1789

Mary L. K. Murphy, Telephone Operator; salary, $50 per month; to take effect, January 6, 1908.

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The Secretary presented a communication from the State Civil Service Commission, transmitting the following resolution:

Resolved, That H. Anderson, employed as Janitor at the office of the First Division of the Engineering Department, Public Service Commission for the First District, be and hereby is excepted from examination under the provisions of Civil Service Rule VIII, subdivision 9, it appearing that said person is engaged in private business and that the services rendered are of an occasional and exceptional character; provided, however, that his compensation shall not exceed $6 per month.

On motion, duly seconded, it was

Resolved, That the following appointment be made:

H. Anderson, Janitor (exempt); salary, $6 per month; to take effect on occupancy of premises by First Division.

(10)

Ayes-Commissioners McCarroll, Bassett, Maltbie, Eustis.

Nays-None.

Carried.

2742

The Secretary presented a communication from the State Civil Service Commission, transmitting the following resolution, which was ordered filed:

Resolved, That the application of the Public Service Commission, for the First District for the suspension of competition, under the provisions of Rule VIII, subdivision 5, in the case of the appointment of Louis D. Foquet as assistant to the Chief Engineer, be and hereby is denied, and the Secretary directed to notify the Public Service Commission that the Chief Examiner will arrange for an open competitive examination for the position of assistant to the Chief Engineer upon receipt of formal request for the same, and that when said request is filed the Commission may nominate Mr. Foquet or any other person for provisional examination under Rule VIII, subdivision 4.

(11)

2890

The Secretary presented a communication from the City Club of New York, expressing its views against the proposed ordinance to limit to sixty-five the number of passengers that may ride on a street surface car at any one time, and recommending that the Commission require the operating companies to furnish during a stated time on each line a designated number of seats. On motion, the communication was ordered filed.

(12)

1831

The Secretary presented a communication from the Ridgewood Heights Civic Association, requesting a hearing bearing on the transit facilities of the Borough of Queens.

It was moved, and duly seconded, that the matter be referred to one Commissioner as a committee.

Ayes-Commissioners McCarroll, Bassett, Maltbie, Eustis.

Nays None.

Carried.

The Acting Chairman appointed Commissioner Bassett as such committee.

The Secretary presented a communication from Henry B. Seaman, Chief Engineer, transmitting for execution by the Commission a lease of premises at No. 317 Furman street, Brooklyn, which had been and were to be used as a suboffice of the Fifth Division, for the year 1908, the terms of the lease being the same as those of 1907, with the exception of a provision to terminate the lease on sixty days' notice from either party to the other, as the premises would probably be needed for only a few months longer.

It was moved by Commissioner Eustis, and duly seconded, that the above mentioned lease be executed by the Commission, as he, as Committee on Rooms, had examined the lease.

(14)

Ayes-Commissioners McCarroll, Bassett, Maltbie, Eustis.

Nays-None.
Carried.

O-164

The Secretary stated that a communication had been received from the Coney Island and Brooklyn Railroad Company, upon Order No. 164 of Commissioner Bassett, notifying the Commission that the terms of the order were accepted and would be obeyed, except in the following three particulars, upon which the company requested a rehearing:

(1) The maintaining of gear cases half full of gear grease or other lubricant. (2) The immediate replacement of wheels with flat spots or undue wear by wheels in good and proper condition.

(15)

(3) Varnishing the interior of all its cars.

On motion, duly seconded, the matter was referred to Commissioner Bassett.

O-172

The Secretary stated that a communication had been received from the Brooklyn Union Elevated Railroad Company, upon Final Order No. 172, which required it by January 10 to place in good condition its present platforms at the Covert avenue station of its Lutheran Cemetery line, and to construct new platforms by May 1, notifying the Commission that the terms of the order were accepted and would be obeyed.

(16)

The communication was ordered filed.

O-173

The Secretary stated that a communication had been received from the Brooklyn Union Elevated Railroad Company, upon Final Order No. 173, which required it to erect adequate shelter partitions and improve the waiting rooms at the Thirty-sixth

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