one is led to consider whether the great loss of equipment and of car-houses might not have been due to these defects. Frequent complaints have been made to the Commission of the noise caused by street cars. The evidence shows that a very large proportion of the cars are noisy, and that if they were properly repaired, wearing parts promptly renewed and the running gear kept well lubricated, the noise would be very greatly reduced. In my opinion, the public should be protected against unnecessary noise, and that, even if the defective condition of the cars did not interfere with the carrying capacity of the system, the Commission would be justified in requiring the company so to maintain its equipment as to reduce car noises to a minimum. For similar reasons, I have concluded that the company should be required to put its cars in a clean and neat condition. Dirty and filthy cars are not only offensive, but are dangerous to the health of the city. In the order recommended for adoption, the date fixed when the company shall begin to turn out ten cars per day from the repair shops is February 15th. No representative of the company or of the receivers appeared at the hearing, so that it was impossible to obtain from them an opinion as to when the order should be made operative. However, Mr. McLimont definitely testified that knowing as he did the exact facilities which would be needed by the company to comply with the order and the facilities which they now have, it would be possible for the company to begin and continue turning out ten cars a day upon and after February 15th. In order to turn out ten cars a day, it will not be necessary to reduce materially the number of cars now being operated upon the lines of the company. Mr. McLimont testified that not more than forty cars would need to be kept out of service at any one time. Indeed, the number of cars which the company has ordered and of which delivery has been promised before February 15th, is several times the number of cars which upon any one day will need to be taken from the service for repairs so as to comply with the proposed order. The order is made applicable to the entire rolling stock of the company, including the summer as well as the winter cars. Of course, the cars now in use are the cars that should be repaired immediately, but the order has been made applicable to the summer cars in order that by the time these cars are needed, they will have been repaired and put in good condition. Thereupon Final Order No. 179 was issued. Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company.- Increase of service south of One Hundred and Seventeenth street. Hearing Order No. 149, issued December 11. 1907, p. 739, 1907 Rep. Interborough Rapid Transit Company. Increase of service on Sixth Avenue Elevated Line. Hearing Order No. 150, issued December 11, 1907, p. 739, 1907 Rep. Interborough Rapid Transit Company. Increase of service on Second Avenue Elevated Line. Hearing Order No. 151, issued December 11, 1907, p. 740, 1907 Rep. New York Central and Hudson River Railroad Company.- De fective condition of station at Wakefield. Hearing Order No. 152, issued December 11, 1907, p. 740, 1907 Rep. (It was stated at the hearing that a new station would soon be erected. ) Order No. 160. (See Order No. 116, page 37 herein.) Order No. 161. (See Order No. 32, page 21 herein.) Interborough Rapid Transit Company.- Tools to be kept in cars for use in case of accident. Hearing Order No. 162, issued December 20, 1907, p. 745, 1907 Rep. Brooklyn Union Elevated Railroad Company.- Opening gates. on both sides of trains at Brooklyn Bridge Terminal. Complaint Order No. 163, issued December 20, 1907, p. 746, 1907 Rep. (Letter received from company stating that it did not believe leading from both sides of cars feasible, but that it was willing to accept the judgment of the Commission in the matter.) Long Island Railroad Company.-Permission to change rate on chicory from Flushing to Long Island City. Tariff Order No. 167, issued December 27, 1907, p. 749, 1907 Rep. Order No. 168. (See Order No. 80, page 29 herein.) Union Railway Company of New York City.- Extension of Morris Avenue Line north of One Hundred and Sixty-first street. Complaint Order No. 169, issued December 27, 1907, p. 750, 1907 Rep. Order No. 170. (See Order No. 123, page 38 herein.) Order No. 171. (See Order No. 114, page 35 herein.) Order No. 172. (See Order No. 87, page 32 herein.) Order No. 173. (See Order No. 95, page 33 herein.) Order No. 178. (See Order No. 84, page 30 herein.) Order No. 179. (See Order No. 148, page 41 herein.) Steam Railroads.- Establishing a uniform system of accounts. OPINIONS AND REPORTS OF 1907 NOT HERETOFORE PUBLISHED. Annual Budget, Public Service Commisson for the First District. [The Public Service Commission, being a State board, need not submit a present budget to the Board of Estimate and Apportionment. The unexpended balance appropriated for the rapid transit board may be expended by the Commission.] Report of the Committee on Budget and Method of Obtaining Funds for Expenses of Commission and Salaries other than those of the Commission, its Counsel and Secretary. Messrs. Bassett, Whitney and Hollmann have compared the provisions of the Rapid Transit Act touching the subjects referred to this committee, and the Public Service Law, and find that in regard to this subject the provisions are substantially identical. On this account your committee have inferred that the method heretofore employed by the Board of Rapid Transit Commissioners in this regard will be presumably correct to be adopted by the present Commission, and it is likely that the Board of Estimate will prefer this method of caring for this subject. The requests for estimates for budget heretofore sent out by the Board of Estlmate apply to city departments, bureaus and boards. As ours is a State board with a separate provision for its expenses, this request does not relate to us. The method followed by the Rapid Transit Board has been: First In the latter part of each year it has made up, as nearly as possible, an estimate of its needs for expenses the following year. This was done in order to facilitate the work for the Finance Department, so that it might not have to pass on a large number of small requisitions. Last year this requisition was made December 27th, and was for the sum of $826,500. Of this amount the Board of Estimate assented to $742,500, leaving about $84,000 to be assented to later, if necessary, on account of the planning and letting of new work. Second For the salaries of the Rapid Transit Commissioners an application was made each year to the Appellate Division of the First District. The salaries of the new commissioners, their counsel and secretary are paid by the State Treasurer. Third If the requisitions of the Rapid Transit Board for expenses were not complied with, they had the right to place the requisitions before the Appellate Division, whose decision would be final. We understand, however, that this was never done. To come now to the method that we should employ to obtain funds for payment of expenses and salaries other than those of the Commission, counsel and secretary: First There is no necessity of making up a present budget and submitting it to the Board of Estimate. Second We may expend the unexpended balance for any proper purposes of our Commission, and during the remainder of this year, if this fund is not sufficient, we may make a requisition for a further sum. Third In the month of December we should serve upon the Board of Estimate and Apportionment a statement of requisition which will approximately cover our needs for the year 1908. This will not prevent our making further requisitions in the year 1908, if they become necessary. Fourth In case the Board of Estimate does not comply with this request and honor this requisition, it will be our duty to make our request to the Appellate Division, whose determination will be final. July 5, 1907. See footnote, page 9. (Signed) EDWARD M. BASSETT, WM. MCCARROLL, |