V.

IN THE MATTER OF THE APPLICATION OF THE FITCHBURG RAILROAD COMPANY FOR THE APPROVAL OF THE BOARD OF AN INTERLOCKING SWITCH AND SIGNAL APPARATUS AT THE CROSSING OF THE FITCHBURG RAILROAD WITH THE LEBANON SPRINGS RAILROAD AT PETERSBURGH JUNCTION, IN ACCORDANCE WITH SECTION 36, CHAPTER 565, LAWS OF 1890.

June 22, 1891.

This application was lodged with the Board. Accompanying the same was a blue print map of the premises, and a code of rules to be complied with by the employees of the Fitchburg and Lebanon Springs railroads respectively. The apparatus was explained orally by John Adams, general superintendent Fitchburg railroad, on Monday, June 15. A letter from E. D. Bennett, superintendent of the Lebanon Springs railroad, has been received, agreeing to the rules set forth in the code herein before alluded to.

The Board, therefore, hereby approves of the interlocking switch and signal apparatus, plans and rules for the operation of which have been submitted by the Fitchburg railroad.

By the Board.

VI.

IN THE MATTER OF THE APPLICATION OF THE NEW YORK, LAKE ERIE AND WESTERN RAILROAD COMPANY FOR THE APPROVAL OF THE BOARD OF A RE-RAILING DEVICE, INSTEAD OF GUARD POSTS IN THE PROLONGATION OF THE LINE OF BRIDGE TRUSSES, AS PROVIDED BY SUBDIVISION 3 OF SECTION 49 OF CHAPTER 565 OF THE LAWS OF 1890.

September 21, 1891.

WHEREAS, The New York, Lake Erie and Western Railroad Company has applied to the Board for approval of a system of guiding the wheels of a derailed truck over a bridge, the said system in effect consisting in laying guard-rails inside of the track-rails, the said guardrails coming to a point at the approaches of the bridge, and of further providing a guard-rail on the outside of the rails, "flaring" in such a manner as to guide the wheels of a derailed truck so as to take the proper side of the point of the inside guard-rails.

The Board hereby approves of such system, and, furthermore, relieves the said railroad company from the requirement of placing guard-posts in the prolongation of the line of bridge trusses until further notice, at all points where the re-railing device is adopted.

By the Board.

VIL

IN THE MATTER OF THE APPLICATION OF THE LAKE SHORE AND MICHIGAN SOUTHERN RAILWAY COMPANY FOR THE APPROVAL OF THE BOARD OF AN

INTERLOCKING SWITCH AND SIGNAL APPARATUS ERECTED AT THE CROSSING OF

ITS TRACKS OVER THOSE OF THE BUFFALO CREEK RAILROAD COMPANY, NEAR BUFFALO.

November 23, 1891.

This application, by E. A. Handy, chief engineer, dated November 11, accompanied by a blue print explaining in detail the apparatus, was filed with the Board.

On the Lake Shore and Michigan Southern tracks distant signals and home signals are provided, and also derailing devices in case of the disregard of the signal by an engineer on either of the tracks of the Lake Shore and Michigan Southern railroad. Home signals and derailing devices are provided on the tracks of the Buffalo Creek railroad, but no distant signals. The absence of distant signals is explained by Mr. Handy. He states that at this point the Buffalo Creek tracks are merely switching tracks, and distant signals were omitted, at the request of the Buffalo Creek company, from the fact that such signals would be right in its yard, near its connections with other roads, and would be very liable to cause confusion.

The Board approves of the derailing switch and signal apparatus as explained and set forth in the blue print hereinbefore mentioned, and the respective roads are relieved from the "full stop and crossing on signal," as provided in section 36 of chapter 565 of the Laws of 1890, when such interlocking switch and signal apparatus shall have been put in operation.

By the Board.

INQUIRIES.

During the twelve months ending June 30, 1891, a number of inquiries have been submitted to the Board involving questions of importance and requiring much investigation. The more important of these are set forth as follows:

I.

WELLSVILLE, COUDERSPORT AND PINE CREEK RAILROAD COMPANY.

To the Honorable Board of Railroad Commissioners :

GENTLEMEN.-The following is a copy of a letter I have this day mailed to the Attorney-General of our State, and it shows for itself what I desire. I hand you this with a copy of the proposed act mentioned in my letter. If you have any objections or recommendations to make I should like very much to receive them.

Respectfully yours,

CLARENCE A. FARNUM.

LETTER TO ATTORNEY-GENERAL.

WELLSVILLE, N. Y., December 15, 1890.

Hon. CHARLES F. TABOR, Albany, N. Y.:

DEAR SIR.I desire to take your attention for a few moments. November 14, 1881, I procured the organization of the Wellsville, Coudersport and Pine Creek Railroad Company, as a "narrow-gauge" company, with the right to construct a "narrow-gauge " railroad from our village of Wellsville to the Pennsylvania State line, up to the Genesee river, a distance of about ten miles, and it was then the expectation that such railroad would be constructed and run in connection with the Wellsville, Bolivar and Eldred Railroad, a narrowgauge railroad leading from Wellsville to the Allegheny and Bradford oil field. During the summer of 1882 the grade of the road was pretty well constructed from Wellsville to the State line.

In January, 1883, deeming the duties of my office inconsistent with those of an attorney for a railroad company I ceased to act as the attorney for such railroad. The road lay dormant until early summer of this year, when new life was breathed into it, and a railroad has

now been built from Wellsville to Genesee Forks, just over our State line and in the State of Pennsylvania, and being built under the charter of 1881, using the grade and road-bed made in 1882.

Last month I was appointed the attorney for the Wellsville, Coudersport and Pine Railroad Company, and upon investigation I find that the company has not been reorganized, but that it has built a "standard-gauge railroad under its "narrow-gauge" charter. The rail, distance between rails, weight of rail and equipment in all particulars has been within all the terms and provisions of the Standard Gauge Act, and it is in fact a standard-gauge railroad, and is now connected with the New York, Lake Erie and Western Railroad Company at Wellsville, N. Y.

In my judgment the company had no authority to construct a standard-gauge " railroad under its charter, and although the officers have acted in good faith in the matter and no one to my knowledge has been harmed, and in fact it can be a success as a standard railroad and could not live as a narrow-gauge road, it is necessary that the acts of the company be legalized in the construction and operation of its road. The company charges "standard-gauge" rates for fare (three cents per mile) and not "narrow-gauge "rates (five cents per mile) and desires to have all the powers and be subject to all the conditions imposed upon standard-gauge roads.

I desire to make application to our Legislature as soon as it shall convene for the passage of an act to legalize the acts of the company and to make the company a standard-gauge company, and have drafted my proposed act, a copy of which I herewith hand you for your inspection, with the request that you may examine the same and let me know if you as Attorney-General of the State will have any objections to the passage of the act. I will also with this mail submit a copy of the proposed act to the Board of Railroad Commissioners, that such Board may be apprised of what we desire doing, and ascertain from it if such Board can see any objection to such legislation.

Inasmuch as such excess of powers performed by such company might come before your office, and before the Board of Railroad Commissioners, I have deemed it fair to each of you that you should know the situation and what we wish to do.

By an examination of our charter you will see that we are to have sufficient stock to warrant a standard-gauge railroad, and in fact over $70,000 of stock has been subscribed for, and about $45,000 now paid in. Substantially all the stock and all the liabilities of the company are held by citizens of our village, and I know of no one who would desire to see the road a narrow gauge, but all want it a standard gauge.

If you have any objections to the legislation asked for, or desire to make any suggestions as to the provisions of the act we wished passed, it will give me pleasure to learn your views.

Very truly yours,

CLARENCE A. FARNUM.

THE ACT.

AN ACT to make the Wellsville, Coudersport and Pine Creek Railroad Company a standard-gauge railroad company, and to legalize all the acts heretofore done by said company, its officers, agents, servants and board of directors, in and about the construction, operation, management or maintenance of its railroad or the business of the said company, and to confirm the title of said company to its properties. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the acts and proceedings of the officers, agents, servants and board of directors of the Wellsville, Coudersport and Pine Creek Railroad Company, heretofore done in obtaining title to the real or personal property for said company; all the acts of them or any of them done in or about the construction, operation, management or maintenance of the railroad or business of said company, which said company was organized under the laws of the state of New York, November 14, 1881, as a "narrow-gauge" railroad company, are hereby legalized and confirmed, and in all respects made binding upon said company, its officers, board of directors, agents, servants, stockholders and all others who have heretofore contracted or dealt with said company the same as if the said company had been organized November 14, 1881, as a "standard-gauge" railroad company, and not organized as a narrow-gauge" railroad company.

§ 2. Hereafter the said Wellsville, Coudersport and Pine Creek Railroad Company shall have and possess all the powers, and be subject to all the terms, liabilities and duties imposed upon "standard-gauge railroad companies, organized under chapter one hundred and forty of the Laws of the state of New York, passed April 2, 1850, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the acts supplementary thereto and amendatory thereof the same as if the said Wellsville, Coudersport and Pine Creek Railroad Company had been originally incorporated as a "standard-gauge" railroad company.

83. The title to all the properties of the said Wellsville, Coudersport and Pine Creek Railroad Company, real, personal or mixed, is hereby confirmed, and the said company now holds and hereafter shall hold, own and transfer the same as if it had been originally incorporated as a "standard-gauge " railroad company.

4. This act shall take effect immediately.

Hon. CLARENCE A. FARNUM:

ANSWER OF BOARD.

ALBANY, December 16, 1890.

SIR. Your communication to this Board of December 15, inclosing a communication to the Attorney-General, and also a proposed act to make the Wellsville, Coudersport and Pine Creek railway a standardgauge railroad, is received.

The Board has considered what you state, and has also inspected the articles of association filed November 14, 1881. These articles