tion to take such measures as would lessen the dangers were entertained, as well as that of a change of route which would entirely remove them. At the suggestion of the Board the company prepared a map of the proposed route through the village and made estimates as to the cost of the change. Pending the consideration of the estimates and maps, (which were sent by Mr. Paris), two flagmen were stationed at the point declared to be dangerous, and the speed of trains running through the town was reduced to six miles an hour.

III.

THE TRUSTEES OF THE VILLAGE OF BATH V. THE NEW YORK, LAKE ERIE AND WESTERN RAILROAD COMPANY.

June 12, 1886.

This complaint alleges that the railroad crossing at Belfast street, in Bath, N. Y., is a dangerous crossing, and ought to have a flagman. On June 2, 1886, Commissioner Kernan inspected the locality in company with the complainants and their counsel, Reuben R. Lyon, Esq., the road being represented by Mr. Johnson.

The crossing is within the corporate limits and runs diagonally across the single track of the railroad. It is a principal avenue of communication between the village and an extensive farming country lying west of the town. The extensive Soldier's Home is so located that its numerous aged and decrepit inmates and its many visitors, including many strangers unfamiliar with the locality, are obliged to go to and from the institution by this street, and over this railroad crossing. Being thus within a village and a thoroughfare, the crossing fairly comes within those cases where the Board has adopted the rule of recommending flagmen, provided that the view of approaching trains is naturally or otherwise obstructed so as to make the crossing dangerous for those using the highway. Of this there can be no doubt in this case. As trains approach the village from a northerly direction, occasional glimpses of them may be caught by the keen-sighted and alert; but for a large portion of at least a half a mile of their approach, the trains are in a deep cut, and the view of them is seriously impeded by embankments as well as by trees, fences and buildings. At this point trains run at quite high speed, especially the fast train recently started by the road. It is, therefore, an eminently proper place to station a flagman for the safety and protection of the public, and this should be done by the road at once. Such flagman ought to be on duty during the time of the passage of trains.

RECOMMENDATION.

The Board, therefore, recommends that a flagman be kept by the New York, Lake Erie and Western Railroad Company at the Belfast street crossing of its road in the village of Bath, N. Y., during the hours that trains are there operated. By the Board.

WILLIAM C. HUDSON,

Secretary.

A similar complaint touching the same street was simultaneously made against the Delaware, Lackawanna and Western Railroad Company. When transmitted, the company promptly replied that it had intended to place a flagman at the Belfast street crossing, and would do so at once, which it did.

IV.

TRUSTEES OF THE VILLAGE OF MOUNT MORRIS, N. Y., v. THE BUFFALO, NEW YORK AND PHILADELPHIA RAILROAD COMPANY.

June 8, 1886.

The trustees complain that the crossings of the railroad over Main. and State streets in said village are so dangerous as to need that some additional protection be afforded to the public by the railroad. On June first, Commissioner Kernan inspected the crossings in company with the trustees, their counsel, Hon. Kidder M. Scott, and with the chief engineer of the road. These crossings are both within the corporation; they are thoroughfares exclusively used in going to and from the village; they are each upon a side hill, and the view of approaching trains is considerably obstructed from each highway. The situation and danger arising therefrom is quite accurately described in the complaint herein. The road has slowed its trains at these crossings down to not exceeding from four to six miles per hour, and flags the crossings when switching is done. In determining what further protection should be provided by the road it is proper to remember that the road is in the hands of a receiver, G. Clinton Gardner, Esq., and that its financial condition is such as to require cautious expenditure for only necessary purposes. Since the Commission Act is by its terms applicable to receivers, it is, however, proper that such recommendations as public safety demand should be made by the Board.

At the Main Street crossing the obstructions to a clear view of approaching trains are some trees, an embankment, and two warehouses or buildings, all of which stand on the railroad property as represented to the Board. By removing these the public will be much better enabled to see approaching trains, and the company can then largely improve the situation without incurring any very great expense.

At the State Street crossing the obstructions in the way of freight cars upon side and switch tracks, and lumber piles and buildings, are of such a character that there does not seem to be any other practical relief than to recommend the placing of a flagman.

The steep grade of the highway makes it a place of danger where warning of approaching trains should be given before persons drive close to the tracks.

RECOMMENDATIONS.

The Board recommends,

1. That the railroad cause the trees, embankment and buildings which stand upon its land in the vicinity of the Main Street crossing to be removed.

2. That a flagman be placed at the State Street crossing. By the Board.

WILLIAM C. HUDSON.
Secretary.

This recommendation was not complied with. The receiver, while expressing entire willingness to do so, said that he was in possession of the road by order of the United States Circuit Court of the Western District of Pennsylvania and directly responsible to a master resident in Philadelphia, without whose assent no expenditures could be made. When counsel for the receiver was heard, he stated that proceedings for reorganization were pending and would probably eventuate by the close of the calendar year 1886. The Board then made order that until such time a flagman should be stationed at the crossing, and then the obstructing buildings removed.

V.

IN THE MATTER OF THE COMPLAINT OF STEPHEN T. HOPKINS v. THE WEST SHORE RAILROAD COMPANY, WITH REGARD TO A GRADE CROSSING OVER THE TRACKS OF THE WEST SHORE ON THE ROAD LEADING FROM THE SAUGERTIES ROAD TO THE SWAMP ROAD JUST SOUTH OF THE RED BRICK SCHOOL HOUSE IN THE TOWN OF CATSKILL.

September 28, 1886.

In consequence of the complaint with regard to this crossing the railroad company partially filled up the approaches to the track thereby materially improving it as compared with its condition at the time the complaint was made. As the improvements, however, did not meet the satisfaction of the complainant, a personal inspection was therefore made by Commissioner Rogers on September 22d.

The road, while a public highway, does not appear to be very much traveled; still a considerable amount of driving is evidentally done over it The view of the track. is unobstructed to highway travelers approaching from the east; from the west, however, trains approaching from the north could not be seen until the highway traveler was nearly on the track. Considerable danger therefore is run when ap proaching the track from a westerly direction. This can be obviated by slightly further raising the highway on the west side of the track. The Board recommends that his action be taken by the railroad company.

By the Board.

WILLIAM C. HUDSON, Secretary.

The road has complied with the recommendations of the Board.

REPORT UPON TESTS OF AUTOMATIC CAR COUPLERS, JULY 1, 1886.

By Commissioner Rogers:

On June 16th and 17th the Board made practical tests of automatic freight car couplers in accordance with the following circular, issued April 29, 1886:

SIR

ALBANY, April 29, 1886.

- Section 4 of Chapter 439, Laws of 1884, provides as follows: 4. After July first, eighteen hundred and eighty-six, no couplers shall be placed upon any new freight car to be built or purchased for use, in whole or in part, upon any steam railroad in this State, unless the same can be coupled and uncoupled automatically without the necessity of having a person guide the link, lift the pin by hand, or go between the ends of the cars. The corporation, person or persons operating said railroad, and violating the provisions of this section, shall be liable to a penalty of not exceeding one hundred dollars for each offense.

On Wednesday, the 16th of June next, the Board of Railroad Commissioners will conduct practical tests of automatic freight car couplers, at the East Albany yards of the New York Central and Hudson River railroad, beginning at 10 a. M. None will be considered except when attached to at least two freight cars. Cars thus equipped can be consigned to the East Albany yard of the New York Central and Hudson River railroad.

By the Board.

WILLIAM C. HUDSON,

Secretary.

The authorities of the New York Central and Hudson River Railroad Company courteously put at the disposal of the Board every facility to make the trials as complete as practicable under the circumstances. The tests were made upon the curve of a side track and under such conditions as would most frequently occur in practical operation. Thirty-three different couplers were represented. The points and requirements particularly considered were as follows:

1st. Facility to couple with its own kind with same or different height of draw bar.

2d. Facility to uncouple under all circumstances.

3d. Facility to couple with common link and pin, and whether automatic or not.

4th. Certainty to hold on uneven track.

5th. Capacity to be set so as not to couple when "kicked" into side tracks, etc.

6th. Non-liability of obstruction by dirt, snow, ice, rust, etc. 7th. Strength to resist concussion.

8th. Certainty of knowing which car to uncouple in the dark.

9th. Position of device to raise pin so as not to be above floor of car, with reference to applicability to platform cars.

10th. Non-interference of uncoupling device with brakeman guiding link into old draw bar.

11th. Simplicity of construction.

12th. Cost.

The importance of the subject is shown by the fact that the average number of deaths from coupling per year in this State for the last two years has been 16 deaths and 380 injuries to person.

The Board had three principal objects in making the tests:

1st. To give an opportunity to inventors to display their devices in a public way.

2d. To see what devices presented fulfilled the requirements of the law quoted in the above circular.

3d. To take another step toward determining, if possible, what is the best coupler.

The first two objects were attained. Some, but not much advance was made towards the third. There are so many devices having merit, yet none without objection, that the Board would be greatly embarrassed were it required to positively recommend any one to the exclusion of all others. This may seem a somewhat disappointing conclusion, but it is the only one possible under the circumstances. If the merits of all could be combined in one, a perfect coupler would be the result, but it must be remembered that every little improvement is patented, and until sufficient essential patents are the property of one party, a perfect device seems impossible. In the analogous case of the Westinghouse air-brake a vast number of patents have been purchased by the Westinghouse Company in addition to the original invention of Westinghouse, and so with almost every other device which is in final successful operation.

The Board proposes to give this subject its continued attention. The impressions and views it now holds it gives with due caution, reserving the right to alter or amend them as circumstances and increased investigation and experience may warrant.

To attain the main object of an automatic coupler, i. e., to save the lives and limbs of trainmen, it is most desirable that but one device should be in universal use. If there is diversity it will increase rather than diminish the present dangers.

There appear to be but two ways for this to be brought about, one by the operation of the law of the "survival of the fittest," the other by the creation by Congress of a commission to determine upon one coupler and compel its adoption by all companies engaged in interState commerce.

The first method, it would seem, will be slow beyond all computation from present indications. There appears to be no good reason, however, why the second could not be done.

Under its powers to "regulate commerce among the several States" Congress has already prescribed rules for the inspection of hulls and boilers of steamships, for the examination of engineers as to their competency, for vessels being provided with boats, life-preservers, and for many similar things to insure the safety of travel by water.