XVI.

IN THE MATTER OF THE APPLICATION OF THE RAQUETTE LAKE RAILWAY COMPANY FOR CONSENT TO THE ISSUE OF A MORTGAGE OF $250,000.

December 8, 1899.

Application having been made to the Board of Railroad Commissioners by the Raquette Lake Railway Company, on December 2, 1899, for the consent of the Board (under chapter 583 of the Laws of 1899) to the issuance by said company of a mortgage of $250,000, and a hearing having been duly given on said application on December 8, 1899, C. E. Snyder appearing for the applicant, and the purposes for which the said mortgage is to be issued appearing from the affidavit hercin of Edward M. Burns, and it appearing that the owners of capital stock in the company to an amount equal to that required by the statute have consented to the issuance of said mortgage, it is

Ordered, That the Board of Railroad Commissioners consents and it does hereby consent to the issuance by the Raquette Lake Railway Company, of a mortgage amounting in the aggregate to $250,000.

Applications for a Certificate Under Section 59

of the Railroad Law.

I.

IN THE MATTER OF THE APPLICATION OF THE ROCHESTER AND SODUS BAY RAILWAY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

January 24, 1899.

Ordered, That said application be and the same is hereby granted, and the Board of Railroad Commissioners hereby certi fies, under section 59 of the Railroad Law, that the conditions. of said section have been complied with by the applicant, the Rochester and Sodus Bay Railway, and that public convenience and a necessity require the construction of the railroad of the applicant, as proposed in its articles of association and as shown upon a map filed with the Board in this proceeding by the applicant, marked "Applicant's Exhibit No. 1. Oct. 19, '98. E. C. McE."

By the Board,

JOHN S. KENYON,

Secretary.

MEMORANDUM.

James M. E. O'Grady and Charles Van Voorhis for the applicant. Ira A. Place and Albert H. Harris for the New York Central and Hudson River Railroad Company (lessee of the Rome, Watertown and Ogdensburg Railroad) in opposition.

This application was filed with the Board on September 26, 1898. It asks for a certificate that public convenience and a necessity require the construction of the railroad of the appli cant. Satisfactory proof of the fulfillment of the conditions of section 59 was filed with the Board. The electrical expert made an inspection of the proposed route and a report. Hearings were given in the city of Rochester on October 19th and December 14th, and in the city of Albany on November 23d and January 6th. Much testimony was taken at these hearings. The applicant proposes to build a street surface railroad, to be operated by the overhead electrical system, from Sodus Point, on Lake

Ontario, in the county of Wayne, to and partly through the city of Rochester, which places shall be its termini and its length is to be about forty-two miles, including a branch line described in the articles of association. The New York Central and Hudson River Railroad Company filed an answer contravening the allegations of the petition, and alleging that the existing railroads, to wit: the Rome, Watertown and Ogdensburg, the New York Central and Hudson River and the Northern Central, "are ample and sufficient to perform all the railroad service required by the people living along the route of the proposed railroad, or contiguous or tributary thereto." The proposed railroad after leaving the city of Rochester crosses Irondequoit Bay and continues in, and along the side of, the highway known as the Ridge road to Sodus village. It then follows the highways easterly and northeasterly, leaving them, however, at certain points and passing through private property, so as to take advantage of easier grades and a shorter route, to Sodus Point. Leaving Rochester the railroad first passes through the town of Irondequoit, touches the town of Penfield, enters the town of Webster, passes through the villages of West Webster, Webster and Union Hill, then enters the town of Ontario, passing through the village of Ontario and the village of Ontario Center, then enters the town of Williamson, passing through the villages of Williamson and East Williamson, then enters the town of Sodus, and passes through the village of Sodus and the village of Wallington to Sodus Point. The evidence shows that the territory through which the proposed road passes is well peopled. For a considerable portion of its route the proposed road is parallel to the Rome, Watertown and Ogdensburg Railroad, and it is urged in opposition that the steam railroad serves the requirements of public convenience and necessity for transportation in this locality. This Board is of the opinion, however, from the evidence produced at the hearings, that the proposed railroad is needed. It will offer facilities for transportation, which, it seems to the Board, the people of this community are entitled to have to serve their necessities and convenience. It is plain there is much traffic to and from Rochester by wagon, which it seems clear would be better served by an electric railroad. The existing steam railroad, it seems to the Board, does not now and cannot furnish the facilities required by the public in this territory, and which the proposed electric railroad can supply. The intent of section 59 of the Railroad Law is to forbid the building of unnecessary railroads. In this case, however, although there is an existing steam railroad, its stations are remote from the vil lages. It appears to the Board that the proposed road is neces

sary, and that the existence of the steam railroad, which is a part of a long line of railroad connecting principal points, but not designed to locally serve this territory alone, is not sufficient reason for refusal of the certificate applied for, in the light of the evidence of public convenience and necessity to be served by the new road. The population is large and the city of Rochester is its objective point for general business, and to a great extent for a market. These purposes would be greatly facili tated by the construction of the new railroad, and the Board believes that there is sufficient traffic to support it without materially affecting the traffic of the steam railroad. The applicant contends that its railroad would also afford Rochester people direct access to a summer resort at Sodus Point; the opposition answering that Sodus Point may now be reached by the New York Central and the Northern Central railroads in conjunction. Evidence was taken by the Board in executive session as to the bona fide intention and financial ability of the projectors to build the railroad if the certificate is granted, from which evidence the Board feels assured that the road will be constructed.

After a careful consideration of the evidence the Board has concluded that public convenience and a necessity require the construction of the Rochester and Sodus Bay Railway, and has issued its certificate to that effect.

II.

IN THE MATTER OF THE APPLICATION OF THE EAST SIDE TRACTION COMPANY OF SYRACUSE FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

February 15, 1899.

This application was filed with the Board on February 10, 1899. It appears from the petition of the company and from the affidavit of Robert E. Drake, former secretary of the Syracuse and East Side Railway Company, that the lines of railroad mentioned and described in the certificate of incorporation of the East Side Traction Company and in the petition of the East Side Traction Company for a certificate of public convenience and necessity under section 59 of the Railroad Law, are identical with the lines of railroad and franchises which were formerly owned by the Syracuse and East Side Railway Company; that said certificate of incorporation and petition of the East Side Traction Company do not contain any other route of railroad

than those formerly owned by the Syracuse and East Side Railway Company. It also appears that a contract has been entered into for the sale of the property of the Syracuse and East Side Railway Company to the applicant.

Under these circumstances, it does not appear to the Board that it is necessary for the applicant to secure a certificate of public convenience and a necessity under section 59 of the Railroad Law, and the application for such certificate is, therefore, refused.

III.

IN THE MATTER OF THE APPLICATION OF THE RAQUETTE LAKE RAILWAY COMPANY FOR A CERTIFICATE UNDER SECTION 59 OF THE RAILROAD LAW.

April 11, 1899.

On reading and filing the application of the Raquette Lake Railway Company, for a certificate under section 59 of the Railroad Law, verified March 10, 1899, by Edward M. Burns, vicepresident and general manager, the articles of association of said company and due proof of the publication thereof, due proof of the publication of the notice of hearing before this Board, a map showing the proposed route of said railroad, and after a public hearing on said application on March 29, C. E. Snyder appearing for said application, R. Burnham Moffat and Will am F. Rathbone and others appearing in opposition, and after an adjourned hearing on April 11, at which no one appeared in opposition in person, but Hadley Jones appeared by letter, withdrawing his opposition, and after hearing evidence of a representative of the Fisheries, Game and Forest Commission in favor of said application, and after reading and filing the report of the electrical expert of this Board of his inspection of the proposed route, and it appearing that the conditions of section 59 of the Railroad Law have been complied with by said company and that public convenience and a necessity require the construction of said railroad, it is

Ordered, That said application be and the same is hereby granted, and the Board of Railroad Commissioners hereby certifies, in accordance with section 59 of the Railroad Law, that the conditions of said section have been complied with by the appli cant and that public convenience and a necessity require the construction of the said railroad, as proposed in its articles of association and as shown upon said map.