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pass on the curve; that the outside line of track was not elevated; that the car from which the woman was thrown was in perfect condition with its brake in good working order; that the track at the place of the accident was in first class condition; and that the passenger killed was thrown from the car by the jolt or jar as it struck and started around the curve.

The order (No. 50) adopted provided:

First. That the said Richmond Light and Railroad Company shall cause all cars operated by it, while proceeding towards St. George, to come to a full stop before entering upon the curve formed by the intersection of Richmond avenue and New York avenue; the place of stopping to be distant not more than thirty (30) feet south of the northerly end of the said curve.

Second. That the said Richmond Light and Railroad Company shall provide and conspicuously display at or near said curve a sign or notice which shall be plainly legible night and day to motormen operating cars bound for St. George, and which shall clearly direct all motormen on cars bound for St. George to stop their cars before entering upon this curve.

IV.

HEARINGS-INVESTIGATIONS-REPORTS. Procedure. The procedure of the Commission is so well settled and so generally understood, that it seems hardly necessary to state that no matter is finally decided and an order issued, without a public hearing having first been held. Notice of the hearing is always given to the persons concerned, and adjournments are taken from time to time until all the evidence germane to the subject being considered is obtained. Where there is a formal complaint, the complainant appears if he so desires and the defendant company is given a chance to reply. Almost invariably the Commission investigates the matter through its own employees independently of the two parties interested, so that it may have the evidence of experts who cannot be said to be partial or biased.

Where there is no complainant, the procedure is very similar; for some department of the Commission's staff presents the results of its investigations. The persons or companies to be af

fected are given every opportunity to be heard, and the case is not closed until the evidence is all in. In order that the company may have some definite idea of what is wanted, a proposed form of order is generally prepared and submitted; but this is more to enable progress to be made more rapidly than as an expression of a predetermined conclusion. However, there have been instances where it was impossible to determine upon a tentative form of order, as required by statute, and in such cases a general inquiry has been held, out of which have grown orders for hearings and final orders.

There is still another class of hearings which are either held upon petition or initiated by the Commission itself. Ordinarily these are for the purpose of allowing organizations or individuals to present their views upon a subject under consideration. The Commission has always taken the position that ample opportunity to be heard should be given, and twelve public hearings of this general character were held during the six months just closing. The subjects discussed were:

Form of contracts for the Fourth avenue subway.
Steinway tunnel.

Removal of West Side tracks

Eleventh avenue.

Remedies for Brooklyn bridge congestion.

Subways in the Borough of Queens.
Rapid transit for The Bronx.

The Broadway-Lafayette loop, Brooklyn.
Flatbush avenue subway extension.
Transit conditions in Staten Island.
A north shore subway, Queens.

Uniform accounting.

Summary for Six Months.-All told, 179 hearings were held between July 18 and December 31, 1907. As these were conducted, except in a few instances, when meetings of the Commission or of the Committee of the Whole were not being held, it is apparent that the collection of evidence has consumed a large portion of the time; and necessarily so, for before a wise and fair decision can be reached in any case, all the facts must be established and the companies affected must in all justice be given a full opportunity to present their views.

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In the preceding pages (section III) upon Improvements in Transit Facilities, the results of 118 hearings have been set forth, except in those cases- some 13 in number. which had not been completed at the end of the year. The improvements in the service and equipment of the surface, elevated and subway roads in the five boroughs of the city are there given in detail. It is only necessary to deal here with the general investigations that have not been completed but which have been made public. Examinations were being made at the end of the year of the rolling stock, equipment, power-houses, etc., of the Brooklyn elevated and surface lines and of the Union Railway in the Bronx; but no report had been made prior to December 31st. These two matters will be among the first to be taken up after January 1st. Inspections were also under way to check up the conditions upon the lines as to which orders for improvements had not yet been made. Further orders for hearings will be made in 1908.

Subway Improvements.- Pending the construction of new subway lines, the Commission decided that everything possible should be done to increase the carrying capacity of the present subway. Inspectors have constantly been at work to determine how many more trains could be run and when they were needed. But it was also decided that if any changes could reasonably be made in the subway itself and the equipment which would increase the number of passengers carried, the safety of operation and the means of ventilation, and decrease the discomfort of travel during rush hours, the Commission ought to be advised thereof so that it might direct such changes to be made. Mr. Bion J. Arnold, a railroad engineer of broad, practical experience in the construction and operation of railroads was retained. A preliminary report has been made, and several suggestions made therein have already been put into practice by the company without the necessity of an order.

The General Investigation of Transit Lines. The investigation of the Interborough-Metropolitan Company, the Brooklyn Rapid Transit Company and their subsidiary and controlled companies, which was begun in August, had not been completed at the end of the year. A complete report cannot, therefore, be

made at this time; but a brief résumé may be of value and interest.

The resolution instituting this investigation was adopted July 18th. Chairman Willcox, who presented the resolutions, set forth the purpose of the investigation as follows:

"In taking up the work which this Commission has inherited from the Board of Rapid Transit Commissioners, as well as the performance of the new functions vested in it by the law under which we are organized, we meet a series of fundamental questions, questions of fact growing out of the manner in which the railway corporations in Greater New York are organized, capitalized, controlled and operated. I regard it as fundamental to the proper performance of the duties of this board that it should, at the earliest possible day, familiarize itself thoroughly through proper investigation and report, with all of the conditions of fact and of law which are raised or created by the present actual organization and operation of the street railways in this city. This can only be done by the most thorough investigation, and a report of the facts to this board, which report of facts, when completed to the satisfaction of the board, will constitute the basis for its determination as to the manner in which it shall perform its duty, not only, but what its duties are actually, and the extent to which and the manner in which it can treat or deal with the existing railway companies in respect of future franchises, as well as in respect to the operation of the railways of the city under the franchise, as already enjoyed by each corpo

ration.

"It will undoubtedly be the duty of this board, at some time in the future, and I believe in the near future, after proper hearing, to issue specific orders to increase the adequacy of the service now performed by these companies; but to enable the Commission to take up these lines of inquiry, and to afford hearings preparatory to the issuing of orders, I regard it as absolutely necessary that this general investigation be now made in the aid of the performance by this board of practically all the duties which are to be imposed upon it by the Rapid Transit Law, as well as by the Public Service Commissions Law in respect of railroads. And I think this investigation should be wel

come to the railway corporations as offering them an opportunity to disclose the facts, just as I am sure it will be welcomed by the public, which, as well as this Commission, should know the facts."

The resolution (Order No. 6) in full was as follows:

WHEREAS, This Commission is vested by law with the general supervision of all common carriers, street railroads, railroad corporations, and corporations controlling and operating street railroads within its jurisdiction, and not only has the power, but is charged with the duty to keep informed as to the general condition of all such railroads and corporations, their capitalization, their franchises, and the manner in which their lines, owned, leased, controlled, or operated, are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by the service but also with respect to their compliance with all the provisions of law; and,

WHEREAS, Practically the entirè street railroad service of the boroughs of Manhattan and the Bronx are controlled by the Interborough-Metropolitan Company and operated in its interest;

and,

WHEREAS, The Brooklyn Heights Railroad Company, Brooklyn, Queens County & Suburban Railroad Company, Coney Island & Gravesend Railway Company, Transit Development Company, American Railway Traffic Company, South Brooklyn Railway Company, Seabeach Railway Company, Nassau Electric Railway Company, Brooklyn Union Elevated Railroad Company, Brooklyn City Railroad Company, Prospect Park & Coney Island Railroad Company, in the boroughs of Kings and Queens, are all owned and controlled by and operated in the interest of the Brooklyn Rapid Transit Company; and,

WHEREAS, All of the corporations hereinbefore referred to are required by law to furnish such service and facilities as shall be safe and adequate and in all respects just and reasonable, and are also required by law to interchange passengers, freight and property traffic between the lines owned, operated, controlled or leased by every such corporation; and,

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