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APPENDIX.

Decisions and recommendations:

Executive and legislative references.
Complaints of cities, towns, etc.
Applications for change of motive power.
Applications for increase of capital stock.
Applications to suspend operations of road.
Applications for issue of bonds.
Various applications by railroad companies.
Inquiries.
Accidents.

Accident inquiries.
Length of railroads.
Inspections.
Minutes of Board.
Companies formed.
Companies reorganized.
Companies consolidated.
Increase of capital stock.
Reduction of capital stock.
Extension of routes.
Surrender of capital stock.
Extension of corporate existence.
Amended articles of association.
Change of name.
Enactments of year.
Alphabetical list of all companies formed under laws of this State.

“Condemnation Law."General Corporation Law.” "Stock Corporation Law.“Railroad Law." General acts relating to railroads, not embraced in the above laws. Extracts from Code of Criminal Procedure. Extracts from Penal Code. Rapid Transit Act (Laws of 1891). Interstate Commerce Act.

DECISIONS AND RECOMMENDATIONS.

1

EXECUTIVE AND LEGISLATIVE REFERENCES.

I. RELATIVE TO A BILL ENTITLED “An ACT AUTHORIZING THE HERKIMER, NEWPORT

AND POLAND NARROW GAUGE RAILROAD COMPANY TO CHANGE ITS GAUGE,”

ETC.

February 16, 1891. Hon. H. J. COGGESHALL, Chairman Railroad Committee of the Senate :

SIR.— The Board herewith respectfully returns a bill entitled "An act authorizing the Herkimer, Newport and Poland Narrow Gauge Railroad Company to change its gauge and to authorize such railway company to reincorporate as a standard gauge railroad under the name of the Herkimer, Newport and Poland Railroad Company," referred to the Board for an opinion.

The law at present makes no provision for the changing of a railroad from narrow to standard gauge. It is defective in this respect. The Board deems that the bill under consideration could be passed without detriment to public interests. It appears to be guarded in a way to prevent also the likelihood of private interests being injuriously affected, as before giving its consent the Board of Railroad Commissioners would give an opportunity to all parties interested therein to appear and present their case.

It may be proper to call attention to the fact that the Wellsville, Coudersport and Pine Creek Railroad Company found itself in the same embarrassment and caused a bill to be introduced for its relief, being Senate bill printed No. 21, introductory No. 46 of this year.

By the Board.

II. RELATIVE TO A BILL ENTITLED “An ACT TO AMEND SECTION 72 OF CHAPTER 565

LAWS OF 1890, ENTITLED 'An ACT IN RELATION TO RAILROADS, CONSTITUTING CHAPTER 39 OF THE GENERAL LAWS.

March 3, 1891. Hon. H. J. COGGESHALL, Chairman Railroad Committee of the Senate :

SIR.— The Senate bill (printed No. 181) entitled "An act to amend section 72 of chapter 565 of the Laws of 1890, entitled 'An act in relation to railroads, constituting chapter 39 of the general laws,'” referred by you to this Board is herewith returned.

An examination of existing statutes shows that a corporation formed by the consolidation of “one or more railroad companies or corporations, organized under the laws of this State, or under the laws of this State and other States, with one or more-railroad companies or corporations organized under the laws of any other State, or of the laws of this State and other States," has already the power to issue bonds and mortgage its corporate property.

The act which goes into effect on May 1, 1891, entitled "An act in relation to stock corporations, constituting chapter 38 of the general laws,” does not deprive such consolidated company of its privilege, although it does limit the amount of the mortgage to an amount which “shall not exceed the amount of its paid up capital stock, or an amount equal to two-thirds of the value of its corporate property, at the time of issuing the obligations secured by such mortgages.'

It would therefore appear under this showing that Senate bill printed No. 181, is in contravention of the most recently declared policy of the State on this subject, and seems to give to con. solidated companies privileges not enjoyed by other corporations.

However, the amendment appears to go further, and may possibly authorize a consolidated railroad company to mortgage its property in this State under the laws of some other State, without the consent of the stockholders and for purposes not recognized as legitimate by the laws of New York.

This would be a dangerous provision. The danger could be obviated by striking out all after the words “ or for any purpose ” in line 25 of the printed bill, and inserting in lieu thereof the following: "authorized by this section and by section 2, chapter 564, article 1, Laws of 1890, upon complying with the provisions of said section 2, chapter 564, article 1 of the Laws of 1890."

By the Board.

III.

REPORT OF THE BOARD ON THE SENATE BILL ENTITLED “An ACT AUTHORIZ

ING THE HERKIMER, NEWPORT AND POLAND NARROW Gauge RAILROAD TO CHANGE ITS GAUGE,” ETC., REFERRED TO IT BY THE GOVERNOR.

March 16, 1891. To the Governor of the State of New York:

The Board of Railroad Commissioners respectfully returns Senate bill (introductory No. 303) entitled "An act authorizing the Herkimer, Newport and Poland Narrow Gauge Railway Company to change its gauge and to authorize such railway company to reincorporate as a standard gauge railroad under the name of the Herkimer, Newport and Poland Railway Company."

The title of the bill sets forth clearly its object. There appears to be no specific provision in the general statutes permitting narrow gauge roads to change to standard gauge.

The safeguards thrown about this bill are such as to preclude, in the opinion of the Board, any likelihood of injustice either to public or private interests should it receive Executive approval.

By the Board

IV.

REPORT OF THE BOARD ON SENATE BILL ENTITLED “An ACT FOR THE RELIEF

OF THE NIAGARA RIVER STREET RAILROAD COMPANY," REFERRED TO IT BY THE GOVERNOR.

April 20, 1891. To the Governor of the State of New York :

The Board here with respectfully returns Senate bill (printed No. 392) entitled "An act for the relief of the Niagara River Street Railroad Company."

This bill is similar in its form and objects to the bill entitled "An act for the relief of the West Side Street Railroad Company of Buffalo, N. Y.," referred by you to the Board and reported upon this day.

The Board is informed by Senator Van Gorder, the introducer, that the village trustees of Niagara Falls decline to give permission to the railroad company to construct its road upon certain streets named in its articles of incorporation, but has given permission to construct upon certain other streets.

The Board respectfully refers you to its report of this date upon the act for the relief of the West Side Street Railroad Company, which is a similar bill.

The Board deems for the same reasons therein expressed that the object sought to be accomplished by this bill can be accomplished under the law as it now stands, and that, therefore, there is no necessity for the bill becoming a law.

By the Board.

V. REPORT OF THE BOARD ON THE ASSEMBLY BILL ENTITLED “An ACT FOR THE

RELIEF OF THE WEST SIDE RAILWAY COMPANY OF BUFFALO," REFERRED TO IT BY THE GOVERNOR.

April 20, 1891. To the Governor of the State of New York:

The Board herewith respectfully returns Assembly bill (printed No. 673) entitled “An act for the relief of the West Side Street Railway Company of Buffalo, N. Y."

This railroad company was organized under the General Street Railroad Act of 1884, and has constructed and is operating its railway over all the route in its articles of association except one block on Park street, between Allen and Virginia streets.

A majority of the residents on Park street have presented a petition waiving any rights which they may have to have the railroad constructed thereon. The construction has been made a parallel street a short distance off with the approval and consent, the Board is informed, of all parties interested.

There is no specific provision in the General Street Railroad Act, i. e., chapter 252, Laws of 1884, permitting a street surface railroad to change its route or to abandon a portion of the route not built upon.

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