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No. 23.


FEBRUARY 21, 1908.

Reply of the Public Service Commission, First Dis

trict, to Concurrent Resolution of Senate and Assembly in Relation to the Steinway Tunnel.

NEW YORK, February 19, 1908. To the II onorable, the Senate of the State of New York:

The Public Service Commission for the First District respectfully submits herewith its reply to the resolution of the Senate, dated February. 5, 1908, concurred in by the Assembly February 12, 1908, received by the Commission February 14, 1908, requesting information as to what steps the Commission has taken toward the speedy operation of the Steinway tunnel, and other information received by the Commission in connection there with.

The so-called Steinway tunnel has been constructed by The New York and Long Island Railroad Company and financed by the Interborough Rapid Transit Company, which controls the tumel company through stock ownership.

The city of New York and the New York and Long Island Railroad Company have been engaged in litigation since February, 1906, over the right of the company to construct this tunnel. The city claimed that the company was not a legal corporation; that it had no right to construct the tunnel; that even if it ever were a lawful corporation its

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