issue $10,000 stock, the authorized amount. A franchise had been obtained from the village of Cherry Valley (population 750) to furnish acetylene gas. The village had no gas or electric service. The plant expense was estimated at about $5,400.

A hearing was had at the Capitol, October 10, S. W. Barnum appearing for the petitioner, and no one in opposition. The following was adopted:

Ordered, That said application for a certificate of authority be and the same is hereby granted, and the Commission of Gas and Electricity hereby certifies, in accordance with section 11, chapter 737, of the Laws of 1905, that The Cherry Valley Gas Company is authorized to exercise its powers and to transact business within the State, and the said Commission hereby further certifies, in accordance with section 12, chapter 737, of the Laws of 1905, that capital stock to the amount of six thousand dollars ($6,000) is reasonably required for the purposes for which such issue is authorized, and this Commission hereby approves of and consents to the issue by The Cherry Valley Gas Company, in conformity with all the requirements of law relating thereto, of two hundred and forty (240) shares of capital stock of the par value of twenty-five dollars ($25) each; and it is further

Ordered, That said application for consent to further issue of stock than is above consented to is hereby denied.

In the Matter of the Application of the Citizens Lighting Company of Oswego for a certificate of authority and for consent to issue $75,000 capital stock.

The Citizens Lighting Company of Oswego petitioned, December 19, 1905, for a certificate of authority to transact business and to issue $75,000 capital stock. The company was incorporated November 9, 1905, and proposed to operate an electric plant to supply certain streets in the business section of Oswego with commercial lighting, for which a franchise had been granted by the Common Council November 28, 1905. The petitioning company claimed that the existing system of lighting owned by the Peoples Gas & Electric Company was inadequate. Section 44 of the charter of the city of Oswego (Laws of 1895, chapter 394) prevented the granting of franchises by the Common Council to gas or electric companies "without and until the legal consent duly

acknowledged of at least one-half of the owners of abutting property shall first have been obtained and filed with the city clerk." Accompanying the franchise was a certificate of the chief assessor that the required consents had been obtained for the streets named in the franchise.

The Citizens Lighting Company proposed in its petition to expend and use the $75,000 capital stock as follows: $19,000 for water power site; $7,300 for power house; $4,500 for generators, pole line and other equipment, and $19,000 for working capital.

The Peoples Gas & Electric Company opposed the application. An answer was filed, February 9, 1906, alleging that the Peoples Gas & Electric Company was furnishing proper and efficient service at fair and reasonable rates.

Hearings were had in the City of Albany, December 29th, and at Oswego on the 15th and 16th of February, and the 5th, 6th and 7th days of March, Elisha B. Powell, Merrick Stowell, of counsel, appearing for the petitioner; and James W. Gerard, of Bowers & Sands, George N. Burt, of counsel, appearing for the Peoples Gas & Electric Company.

At the hearing the Peoples Gas & Electric Company raised the question of the validity of the franchise of the Citizens Lighting Company, and asked leave to introduce evidence relating to the insufficiency of the consents of the abutting property owners. Reception of the evidence was taken under advisement and referred to the Attorney-General, who, under date of April 16, 1906, rendered an opinion that the Commission lacked authority to traverse the collateral questions raised by the contesting company, holding that these questions should be tried before the courts. The evidence was therefore excluded, confining the issues to the adequacy of the existing system, the character of the service furnished, and the necessity for a new company. A large number of witnesses were sworn and exhaustive evidence considered.

The Peoples Gas & Electric Company supplied for street light 291 arc lights of 2,000 nominal candle power, and 297 incandescent lamps of 16 candle power, and 225 commercial arcs, and was under contract to furnish the railway with power needed up to 500 horse power. There were also connected approximately 12,000 incandescent lights, supplying about 830 residences and business places, and 250 horse power in motors. The water wheel equipment of the Peoples Gas & Electric Company consists of two pairs of 39-inch wheels of 270 horse power per pair, and one

pair of 44-inch wheels of about 550 horse power under a 16 foot head. Connected with the 44-inch wheels is one 350 kilowatt generator and one 200 kilowatt generator. One of the pair of 39inch wheels is connected with a generator of 200 kilowatts capacity and the railway company owns the generators connected with the other pair of 39-inch wheels. There is a steam engine of 500 horse power connected with a generator of 250 kilowatts capacity, and another Corliss engine of 350 horse power held in reserve, which can be connected with the railway power. The generator belonging to the railway company connected with the pair of 39-inch wheels usually supplied power for the railroad, though at times both pairs are used for that purpose. It was claimed on the part of the company that it was possible to use both pairs of 39-inch wheels for street railway service and that 1,000 kilowatts could still be supplied for lighting by utilizing the Corliss engine. The water power at the station was estimated by the company at 1,000 horse power, but it was claimed on the part of the Citizens Company that only 660 horse power was available. The company also leased surplus power (14 foot head) from the city, at what is called the upper station, to the amount of 250 horse power if not required by the State, and had a generator at that point of 200 kilowatts capacity for the street lighting.

It was claimed by the Citizens Lighting Company that the maximum load under contract was 2,338 horse power, or, excluding street railway service, 1,838 horse power, and that the maximum capacity of the Peoples Gas & Electric Company was only upwards of 1,200 horse power. The Peoples Gas & Electric Company introduced evidence that 890 kilowatts was the maximum load in Christmas week of 1905, exclusive of street lighting service, and claimed that it had available 1,000 horse power in water wheels, with generators capable of a continuous overload of twenty-five per cent. The usual street lighting load

was 210 horse power.

A large number of witnesses were sworn regarding the service, a majority testifying unfavorably.

The rates charged by the Peoples Gas & Electric Company were not complained of. The Peoples Gas & Electric Company objected that the franchise as obtained by the Citizens Company only covered the best business section of the city. Additional franchises covering streets abutting on a large number of blocks were granted by the common council on consent of the property owners, May

15th, 29th and June 30th. These, on motion of the petitioner, were, by order of the Commission, received in evidence.

The following was adopted:

Ordered, That said application for a certificate of authority bet and the same is hereby granted, and the Commission of Gas and Electricity hereby certifies, in accordance with section 11, chapter 737, of the Laws of 1905, that the said Citizens Lighting Company of Oswego is authorized to exercise its powers and to transact business within this State, and this Commission hereby further certifies, in accordance with section 12, chapter 737, of the Laws of 1905, that capital stock to the amount of seventy-five thousand dollars ($75,000) is reasonably required for the purposes for which such issue is authorized, and hereby approves of and consents to the issue by the Citizens Lighting Company of Oswego, in conformity with all the requirements of law relating thereto, of seven hundred and fifty (750) shares of capital stock of the par value of one hundred dollars ($100) each; and it is further

Ordered, That the proceeds of said issue of stock be applied to the construction and equipment of an electric lighting plant and distributing system in the city of Oswego, and to no other purpose; and it is further

Ordered, And this order is granted on the express condition that construction of said plant and equipment be begun on or before November 30, 1906, and that at least fifty thousand dollars ($50,000) be expended thereon within the period of one year from the date of this order.

In the Matter of the Application of Geneva Power & Light. Company and Seneca Edison Company, for consent to consolidate under the name of Geneva-Seneca Electric Company.

Application was made by the Geneva Power & Light Company and Seneca Edison Company for consent to consolidate, pursuant to section 8 of chapter 567, of the Laws of 1890 (Business Corporations Law), under the name of Geneva-Seneca Electric Company, with a capital stock of $100,000, to supply electricity to the city of Geneva, villages of Seneca Falls and Waterloo and in the Counties of Seneca and Ontario. The capital stock of each company was $50,000, with outstanding

bonds to the same amount. An agreement of consolidation, dated May 21, 1906, providing for conversion of the stock of the companies into stock of the new company, share for share, was unanimously ratified by the stockholders of both on the 29th of May.

Supplemental affidavits were submitted valuing the physical property of the companies at a sum in excess of the proposed capital stock of the consolidated company. A public hearing was had at Albany, July 6, 1906, James O. Carr appearing for the petitioner, no one in opposition.

The following was adopted:

Ordered, That said application of Geneva Power & Light Company and Seneca Edison Company for consent to consolidate under the name of Geneva-Seneca Electric Company be and the same is hereby granted; and it is

Further Ordered, And the Commission of Gas and Electricity hereby certifies, in accordance with section 11 of chapter 737, of the Laws of 1905, that Geneva-Seneca Electric Company is authorized to exercise its powers and to transact business within this State; and the said Commission further certifies, in accordance with section 12 of chapter 737, of the Laws of 1905, that capital stock to the amount of one hundred thousand dollars. ($100,000) is reasonably required for the purposes for which said issue is authorized, and hereby approves of and consents to the issue by Geneva-Seneca Electric Company, in accordance with all the requirements of law relating thereto, of one thousand (1,000) shares of capital stock of the par value of one hundred dollars ($100) each, to be distributed in the manner set out in said agreement of consolidation.