1,(J-n:.914A q t4 I II 4.. i B. B31 A 4 S 4s /" PROPERTY O F fmtyof 217 i_ ARTES SCIENT IA VERITAS Ir I~ a I N1VIIINULTEF~S AND P ROCE E DI NG S OF THE APPOINTED BY Hopi. Alfred C. Ghapip, Mayor of the City of Brooklyp, DECEN4BER 23, 1889. BROOKLYN: PRINTED By THrE BROOKLYN CITIZEN, Junction of Fulton, Willoughby and Adams Streets. Transportation Library HE 44t/ A95 I q.5 IrTr~tation ibrar.k, INDEX. PAGE Admission of Notice for Subscribers' Meeting.............................. 209 Advertisement of Board Meetings........................................ 40 for Submission of Plans.................................. 139 of Opening Books of Subscription......................... 197 Affidavits of three Directors of Atlantic Avenue Elevated Railroad Company of Subscription to Stock, of Intention to Construct, etc................ 217 Appointment of Commissioners........................................... 8 " of C ounsel................................................. 36 of Assistant Secretary....................................... 36 " of E ngineer.............................................. 41 of Inspectors of Election.................................... 208 Appropriations to Pay Sundry Bills and Charges................212, 219, 220, 221, 222 Articles of Association (Atlantic Avenue Elevated Railroad Company....... 171 Bonds of Commissioners...........................................11, 16, 21. 26, 31 Certificate of Mayor's Appointment of Commissioners.................... 8 " of Secretary of State.......................................... 9 " of Election of Directors of Atlantic Avenue Elevated Railroad Com pany......................................................... 211 Certificate of Organization of Atlantic Avenue Elevated Railroad Company. 213, 217 " to Subscribers to Capital Stock.............................. 205 Communication of George H. Cook...................................... 49 " of W illiam H. IHornum.................................. 59 t" of Long Island Railroad Company........................ 117 Directors Atlantic Avenue Elevated Railroad Company.................... 211 Election of President, Secretary and Treasurer of Commission............ 86 " of Directors Atlantic Avenue Elevated Railroad Company......... 210 " of Officers Atlantic Avenue Elevated Railroad Company........... 212 Form of Subscriptions to Capital Stock of Atlantic Avenue Elevated Railroad Company.................................................... 195 Names of Subscribers to Stock of Atlantic Avenue Elevated Railroad Company................................................................ 208 Oaths of Office of Commissioners..................................14, 19, 24, 29, 84 " of Inspectors of Election.......................................... 210 " of Commissioners to Certificate of Organization of Atlantic Avenue Elevated Railroad Company............................ 217 Opinion of Wingate & Cllllen, Counsel, as to Existing Rights in Atlantic A venue............................................................. 87 IZNI)1X. PAGE Opinion as to Construction of Depressed Road............... 122 Petitions for Appointment of Commission.................. 2, 5 Plans and Specifications..151, 176 Power of Attorney to Subscribe for Stock................ 204 i to Waive Notice of Meeting................... 201 Proof of Advertisement for Plans.. 189 " " of Opening Subscription Book..197 Reconsideration of Resolution in favor of Depressed Railways..125 Report of Engineer..151 " of Treasurer. 224 " of Inspectors of Election. 211 Resolution as to Contracts and Compensation.. 36 Declaring Necessity for Steam Railways.. 36 to Hold a Public Meeting.. 37 as to Meeting Room for Board.. 37 as to Stated Meetings....................... 37 Requesting Opinion of Counsel............................ 84 Adopting Routes for Railways................ 102 Supplementing Resolution Adopting Routes.. 106 Providing for a Depressed Railway...............1............. il (directing Engineer to prepare plans for depressed railway........ 112 requesting opinion of Counsel on question of depressed railway.. 121 reconsidering resolution in favor of depressed railway............ 125 providing for elevated railways............................... 127 reconsidering part of resolution fixing routes. 128 directing Engineer to prepare plans for construction of elevated railway..................................................... 128 providing for removal of steam railroad from surface of Atlantic avenue...................................... 129 providing for limitation of steam traffic on surface of Atlantic avenue, and amending resolution as to Route No. 1.130 at requiring plans to contain provisions for contract as to removal of steam railway from surface of Atlantic avenue................ 131 inviting submission of plans and directing advertisement........ 132 "t directing Engineer to defer action............................ 137 49 adopting plans and specifications............................. 151 limiting time for construction.................................. 166 fixing rates of fare.................................... 167 fixing amount of capital stock.168 adopting name of corporation.................................. 168 amending plans as to passenger stations......................... 169 amending plans as to columns in carriage ways.................. 169 amending plans as to building incline to surface................. 170 adopting plans amended....................................... 170 adopting form of Articles of Association....................... 170 that subscription books be opened.............................. 194 that public notice be given of opening subscription books........ 194 INDEX. V PAGE Resolution adopting form of advertisement................................ 194 " adopting form of subscription to stock......................... 195 " fixing time and place of meeting for receiving subscriptions to stock, etc................................................... 196 closing book of subscriptions..................... 205 directing deposit of moneys.................................. 206 directing notice to subscribers of meeting for organization, etc.. 207 adopting form of call for meeting............................ 208 appointing Inspectors of Election......................... 208 directing Treasurer to pay tax on organization.................. 212 " providing for verification of certificate of organization, etc....... 212 " directing payment to Engineer................................. 220 directing payment to Commissioners.......................... 220 ' directing payment to Counsel................................. 221 <" directing payment to Assistant Secretary.................. 221 " directing Treasurer to pay Atlantic Avenue Elevated Railroad Company on account..................................... 223 " approving and adopting minutes as printed...................... 224 directing distribution of copies of minutes....................... 225 directing Secretary to turn over papers, etc., to Secretary A. A. E. R. R. Co................................................... 225 Routes for railways......................................... 102, 106. 128, 180 Stations............................................... 162, 169, 187 Subscribers to stock', names of........................................... 203 Treasurer's final report................................................ 224 I a MINUTES OF THE COMMISSIONERS OF RAPID TRANSIT. BROOKLYN, January 6, 1889. The Commissioners appointed by Hon. Alfred C. Chapin, Mayor of the City of Brooklyn, on the 23d day of December, 1889, under the provisions of Chapter 606 of the Laws of 187,~ met this day at 10:30 o'clock A.M., in No. 8 Montague Terrace, in the city of Brooklyn. There were present all the Commissioners, to wit: HOWARD GIBB, EDWARD F. LINTON, C. ELLIOTT MINOR, * and WILLIAM T. LANE FREDERIC A. WARD. On motion of C. Elliott Minor, Commissioner Wm. T. Lane was chosen temporary Chairman. On motion of Commissioner Edward F. Linton, Commissioner Fred. A Ward was elected temporary Secretary. Commissioner Minor presented a certified copy of the Mayor's certificate of appointment of said Commissioners, filed in the office of the County Clerk on the 23d day of December, 1889, and a duplicate in the office of the Secretary of State on the 24th day of '2 December, 1889, and of the petition for the same filed in said Mayor's office, December 14, 1889, which were read, and are as follows: PETITION FOR THE APPOINTMENT OF RAPID TRANSIT COMMISSIONERS To the Mayor of the City of Brooklyn: The undersigned being reputable householders and taxpayers of the city of Brooklyn, County of Kings and State of New York, respectfully represent and show that there is, in our opinion, need of a steam railway or railways in said County, for a steam railway or railways which shall be wholly within the limits of the city of Brooklyn aforesaid, commencing at the East river at or near South Ferry, and extending easterly along Atlantic avenue, with suitable branches for the accommodation of the public. And we pray your Honor for the appointment of five Commissioners who shall be residents of the county, in accordance with the laws of the State of New York in such cases made aid provided. W. H. Murtha, Thos. A. Smith, Paul C. Grening, J. R. Maxwell. B. F. Gott, William T. Lane, George V. Brewer, C. Augustus Haviland, Jas. McMahon, Joseph O'Brien, F. B. Latimer, E. L. Edwards, 908 Atlantic ave. and 132 Joralemon st. 704 Dean st., Brooklyn. 420 Gates ave. 66 Eighth ave. 8 St. James' place. 1398 Atlantic ave. 1389 Pacific st. Park place & Kingston ave.:385 Classon ave. 87 McDonough st. 151 to 159 Atlantic ave. 201 & 203 & 186 Atlantic ave. 166 & 168 Atlantic ave 3 William Cahill,. WV. & J. Dixon, Perfetto Clera, R. F. Player, Florinda O'Brien, Thomas Ryani Harris Grusczinsky, Louis Giebert, Charles J. Lehmkuhli A rthur Eeaney, Sinnott & Shannon, Herman Thimig, James P. Kane, R. H. Thayer, Jacob Rausch, Saml. J. Hughes. Jno. Hughes, Louis Lehn, D. H. Fowler, B. Fowler, John F. Heissenbuttel, J. F. Wippermann, John S. Loomis Walter Nichols, Sherman Loomis, H. C. Low, Thomas Stratton, W. S. Tuttle, Rufus Litchfield, D. P. Darling, James J. Garvey, Francis H. Howland, Thomas Carrol, C. H. Dutcher, James Williamson, John Garvey, B. F. Cogswell, Jno. R. Lowther, 116 Atlantic are. 29 Atlantic ave. 23 Atlantic ase. 199 Atlantic st. 222, 224 & 226 Atlantac ave. 102 Atlantic ave. 98 & 98- Atlantic awve: 49 Atlanticaave. 51 Atlantic ave. 214 & 216 Atlantic are. 212 Atlantic ave. 288 Atlantic ave. 53 Atlantic ave. 33 Atlantic ave. 67 Atlantic ave. 495 Atlantic ave. 664 Atlantic ave. 145 Atlantic ave. 1216 Pacific st. 1292 Dean st. 17, 19 & 21 Atlantic ave. 1389 to 93 Atlantic ave. 25 Seventh ave. 401 Sackett st. 25 Seventh ave. 153 State st. 46 Livingston st. 54 Berkeley place. 185 Schermerhorn st. 30 Court st. 116 Court st. 33 Atlantic ave. 63 Columbia place 117 Gates ave, 303 Madison st. 112 Court st. 132 St. Felix st. 728 Nostrand ave. 4 Patrick Keady, J. J. Dimock, Bernard Midas, Geo. F. Ketcham, M. D.,.Judah B. VoorheesI Sidney Williams, Win. E. French, E. M. Shannon,' Win. Hagar, Richard W. Newliall, 436 Clinton st. 183 Harrison st. Jamaica ave., nea~r Vermont st. 331 Adeiphi st. 436 State st. 109 Halsey st. Crown st., near Nostrand. Atlantic & Miller aves. 400 McDonoug-h st. 454 Eighth st., Brooklyn. 6 To THE MAYOR OF THE CITY OF BROOKLYN: The undersigned being reputable householders and taxpayers of the City of Brooklyn, County of Kings and State of New York, respectfully represent and show that there is in our opinion, need of a steam railway or railways in said County, for a steam railway or railways which shall be wholly within the limits of the City of Brooklyn aforesaid, commencing at the East River at or near South Ferry and extending easterly along Atlantic Avenue, with suitable branches for the accommodation of the public. And we Pray your Honor, for the appointment of five commissioners who shall be residents of the County in accordance with the laws of the State of New York, in such cases made and provided. WTm. P. Leggatt, Felix Refschneider, John Ross, William McClenahan, William Herod, William Hughes, Edward H. Hobbs, Saml. VanWyck, Jas. H. Ruggles, Wm. Stevenson, L. A. Griffith, Samuel Edwards, John Daly, Dennis McGroarty, Charles S. Simpkins, Thomas Richards, A. Simis, S. J. Pardessus, E. F. Linton, R. Elliott Darling, Silas Condict, P. H. Reid, Frederick A. Reid, 1517 Pacific Street, 1513 Pacific St., 1444 Pacific St., 1911 Bergen St., 976 St. Mark's Ave., 1561 Pacific St., 644 Park Place, 65 New York Ave., 929 Butler St., 666 Nostrand Ave., 90 Rogers Avenue., 1592 Atlantic Ave., 206 Albany Ave., 106 Brooklyn Ave., 1290 Dean St., 208 Halsey St., 1104 Dean St., 1268 Pacific St., Atlantic cor. Vansiclen Ave., 81 New York Ave., 201 6th Ave., Cor. William & Atlantic Aves., s i 4. 6 A. B. Davenport, attorney for J. J. Davenport, Thos. C. Higgins, Halsey Corwin, H. L. Rider, Ge). C. Blanke, John J. White, Jr., H. A. Robinson, James McDonald, Wni. E. Goodge, O. Mathews, John Jacques, John L. Devenny, Wm. S. Carlisle, 11 Garden Place, 224 Schermehorn St., 1400 Pacific St. ] 15 Brooklyn Ave., 46 Livingston St., 472 State St., 89 Troy Avenue, 413 Hart St., Brooklyn, 660 Nostrand Ave., 1450 Pacific St., 32 3d Place, 405 Classon Ave. On the 13th of December, 1889, before me, personally came Thomas Stratton, Geo. C. Blanke, John J. White, Jr., H. A Robinson, Dennis McGroarty, William Hughes, Samuel VanWyck, S. J. Pardessus, William Herod, Walter S. Tuttle, F. B. Latimer, A. Simis, Wim. H. Murtha, George V. Brower, Wm. E. Goodge, Felix Reifschneider, H. C. Low. Thomas Ryan, Rufus Litchfield, Patrick Keady, E. F. Linton, Halsey Corwin, J. Roger Maxwell, Daniel P. Darling, R. Elliott Darling, Judah B. Voorhees, Thos. C. Higgins, William McClenahan, Thos. F. Smith and William T. Lane, being by me severally duly sworn, did each for himself depose and say that he has read the foregoing petition and knew the contents thereof; that the same was true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. WILLARD BARTLETT, Justice Supreme Court. On the 13th day of December, 1889, before me personally came Sidney Williams, Geo. G. Reynolds, Wm. E. French, E. M. Shannon, L. A. Griffith, Charles H. Dutcher, James Williamson, E. H. 7 Hobbs, Silas Condict, John Daly, O. Mathews, James P. Kane, Joseph O'Brien, Wm. Hagar, who being by me personally duly sworn each did for himself depose and say that he has read the foregoing petition, and knew the contents thereof; that the same were true. of his own knowledge, except as to the matters therein stated on information and belief, and as to matters he believes it to be true. WILLARD BARTLETT, Justice Supreme Court. On the 14th day of December, 1889, before me personally came William P. Leggatt, B. F. Cog'swell, J. L. Devenny, W. S. Carlisle, John Jacques, John S. Loomis, Sherman Loomis, who being by me duly sworn, did each for himself depose and say that he had read the foregoing petition, and knew the contents thereof; that the same were true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. WILLARD BARTLETT, Justice Supreme Court. 8 MAYOR'S CERTIFICATE OF APPOINTMEN'T. WHEREAS, fifty reputable householders and taxpayers of the city of Brooklyn, in the County of Kings, have signed and verified before a Justice of the Supreme Court of the State of New York, a petition requesting the appointment of a commnission, pursuant to the provisions of Chapter 606 of the Laws 'of 1875, and the several acts amendatory thereof, and have presented the same to me, and it appearing to my satisfaction that said application is duly made, and that there is urgent need il the said ciry of Brooklyn, in the County of Kings, of a steam railway or railways, or other improved methods for the transportation of passengers. mails and freight, and that the railway or railways, or other systems proposed in and by said petition shall be wholly within the limits of the city of Brooklyn. Now THE::EFORE, I, ALFRED C. CHAPIN, Mayor of the City of Brooklyn, and acting as such under and by virtue of the power and authority conferred upon me in and by an act of the Legislature of the State of New York, passed June 18, 1875, entitled " AnAct further to provide for the construction and operation of a steam railway or railways in the counties of this State," and the several acts amendatory thereof, do hereby appoint Howard Gibb, C. Elliott Minor, William T. Lane, Edward F. Linton and Frederic A. Ward (all residents of the city of Brooklyn in the County of Kings) Commissioners to do and provide all that such Commissioners are in and by the said act, and the several acts amendatory thereof, directed to do or provide. IN WITNESS WHEREOF, I hereby set my hand as Mayor of the said city, and affixed its seal, at the City Hall, in the said city of Brooklyn, on the 23d day of December, one thousand eight hundred and eighty-nine. [L. s.] ALFRED C. CHAPIN, Mayor. Witness: DANIEL B. PAILLIPS. STATE O(F NEW YORK, Ss.: (ounty of Kings, L WILLTAM J. KAISKIg, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said county (said Court being a Court of Record),, DO HEREBY CERTIFY, that I have compared the annexed with the original certificate of appointment of Rapid Transit Commissioners filed in my office December 23, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said county and Court, this 6th day of January, 1890. WMM. J. KAISEPR, Clerk. STATE OF NEW YORK, Office of the Secretary of Slate, ss. I have compared the preceding with the certificate of Appointment of Rapid Transit Commissioners, by the Mayor of the City of Brooklyn, under chapter 606, Laws of 1875, filed in this office on the 24th day of December, 1889, and I do HEREBY CERTIFY the same to be a correct transcript therefrom, and of the whole thereof. WITNESS, my hand and the Seal of Office of the Secretary of State, at the City of Albany, this 9th [L..] day of January, one thousand eight hundred and ninety. FRANK RICE, Secretary of State. (1 On motion of Commissioner Minor the same were ordered to be entered at length upon the minutes of the Commission. The Commissioners then severally presented certified copies of their bonds and oaths duly filed in the proper offices namely, the oaths of Commissioners Minor, Ward and Lane were filed together with their bonds in the office of the Clerk of the County of Kings, on December 31, 1889, and their dullicate oaths of office were filed in the office of the Secretary of State, January 2, 1890. The oath and bond of Commissioner Linton were duly filed in the office of the Clerk of the County of Kings, January 2, 1890, and those of Commissioner Gibb in said office on January 3, 1890. The duplicate oaths of Commissioners Linton and Gibb were filed in the office of the Secretary of State January 4th, 1890. On motion of Commissioner Minor these bonds and oaths were ordered to be entered at length on the minutes, and are as follows: 11 BOND OF C. ELLIOTT MINOR. KNOW ALL MiEN BY TH'SE ' PRESENTS, That we, C. ELLIOTT MINOR, HENRY W. MAXWELL and JOHN P. CI:ANFORD, all of the city of Brooklyn, Kings County and State of New York, are held and firmly bound unto the People of the State of New York in the penal sutm of twenty-five thousand dollars lawful money of the United States of America, to be paid to the said People of the State of New York, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the 28th day of December, one thousand eight hundred and eighty-nine. WHEREAS, the above-named C. ELLIOTT MINOR has, upon the petition of W. H. Murtha and others, been appointed by the Mayor of the City of Brooklyn a Commissioner, under and pursuant to the provisions of Chapter 606 of the Laws of the State of New York, passed June 18th, 1875, entitled "An Act further to provide for the construction and operation of a steamn railway or railways in the counties of the State." Now, therefore, the condition of the above obligation is such that if the above-named C. ELLIOTT MINOR shall faithfully perform the duties required of him by said act as such Commissioner, then this obligation to be void, otherwise to remain in full force and virtue. C. ELLIOTT MINOR, [L. S.] HENRY W. MAXWELL, [L. S.] J. P. CRANFORD. [L. s.J Sealed and delivered in) the presence of T. ELLETT HODGSKIN. 12 KINGS COUNTY, Is. City of Brooklyn, HENRY W. MAXWELL, one of the sureties named in the within bond, being duly sworn, deposes and says that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. HENRY W. MAXWELL. Sworn to before me this 28th 1 day of December, 1889, T. ELLETT HODGSKIN, Notary Public, Kings Co. KINGS COUNTY, City of Brooklyn, ( ss JOHN P. CRANFORD, one of the sureties named in the within bond, being duly sworn, deposes and says that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. J. P. CRANFORD. Sworn to before me this 28th day of December, 1889, ( T. ELLETT HODGSKIN, Notary Public, Kings Co. 13 KINGS COUNTY, i City of Brooklyn. ss.' On this 28th day of December, 1889, before me personally al)peared C. ELLIOTT MINOR, HENRY W. MAXWELL and JOHN P. CRANFORD, all to me known to be the same persons described in and who executed the within instrument, and they severally ac knowledged to me that they executed the same. [L. S.] T. ELLETT HODGSKIN, Notary Public, Kings Co. ENDORSED. I approve of the within bond. Dated Dec. 31, 1889. EDGAR M. CULLEN, J. S. C. STATE OF NEW YORK, County of Kings, ' I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said county (said Court being a Court of Record), DO HEREBY CElRTIFY that I have compared the annexed with the original bond of C. ELLIOTT MINOR, filed and recorded in my office December 31st, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, I have hereunto set my [L. s.] hand and affixed the seal of said county and Court this 31st day of December, 1889. WM. J. KAISER, Clerk. 14 CITY OF County State of BROOKLYN, of Kings, ss.: New York, In the Matter of The Petition of WILLIAM H. MURTHA and others, verified December, 1889, for the Appointment of Commissioners under Chapter 606 of the Laws of the State of New York, passed June 18, 1875, and the Acts amendatory thereof. }OATII OF C. ELLIOTT MINOR. -/ I, C. ELLIOTT MINOR, do solemnly swear that I will support the Constitution of the' United States, the Constitution of the State of New York, and will faithfully perform the duties of my office as Commissioner under Chapter six hundred and six (606) of the Laws of the State of New York, passed June 18th, 1875i, and the various acts amendatory thereof and supplemental thereto, to which I have been appointed by Hon. Alfred C. Chapin, Mayor of the City of Brooklyn, to the best of my ability. C. ELLIOTT MINOR. Taken and subscribed before me, this i 31st day of December, 1889. EDGAR M. CULLEN, J. S. C. 15 STATE OF NEW YO(RK, ). County of Kings, s I, WIJIAN J. KAIrER, Clerk of the County of Kings and Clerk of th/Supreme Court of the State of New York, in and for said coun y (said Court being a Court of Record), DO HEREBY CERTIFY, tha 1 have compared the annexed with the original oath of C. Elliott Minor, filed in my office December 31st, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESrTIMONY WHEREOF, I have hereunto set my [SEAL.] hand and affixed the seal of said County and Court, this 31st day of December, 1889. WM. J. KAISER, Clerk. STATE OF NEW YORK, Office of the Secretary of State, Ss. I have compared the preceding with the oath of C. Elliott Minor, under Chapter 606, of the Laws of 1875, filed in this office on the 2d day of January, 1890, and I DO HEREBY CERTIFY the same to be a correct transcript therefrom and of the whole thereof. WITNESS my hand and seal of office of the Secretary of State, at the City of Albany this 2d day of Jan[L. S.] uary, one thousand eight hundred and ninety. TH. E. BENEDICT, Deputy Secretary of State. 16 BOND OF FREDERIC A. WARD. KNOW ALL ME1N BY THESE PRESIENTS: That we, FREDERIIC A. WARD,.JOHN MCNAMEE and HENRY W. MAXWELL, all of the city of Brooklyn, Kings County and State of New York, are held and firmly bound unto the People of the State of New York in the penal sum of twenty-five thousand dollars lawful money of the United States of America, to be paid to the said People of the State of New York, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the 28th day of December, one thousand eight hundred and eighty-nine. WHEREAS, the above named FItEDERIC A. WARD has upon the petition of W. H. Murtha and others been appointed by the Mayor of the City of Brooklyn a Commissioner, under and pursuant to the provisions of Chapter 606 of the Laws of the State of New York, passed June 18th, 1875, entitled " An act further to provide for the construction and operation of a steam railway or railways in the counties of the State." Now, therefore, the condition of the above obligation is such that if the above named FREDERIC A. WARD shall faithfully perform the duties required of him by said act as such (ommissioner, then this obligation to be void, otherwise to remain in full force and virtue. FREDERIC A. WARD, [L. S. 1 JOHN MCNAMEE, [L. S.] HENRY W. MAXWELL. [L. S.] Sealed and delivered in the presence of T. ELLETT HODGSKIN N 17 KINGS COUNTY, s City of Brooklyn, s JOHN McNAMEI', one of the sureties named in the within bond, being duly sworn,'deposes and says that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. JOHN MCNAMEE. Sworn to before me, this 28th l day of December, 1889. T. ELLETT HODGSKIN, Notary Public, Kings Co. KINGS COUNTV, s: City of Brooklyn, HENRY W. MAXWELL, one of the sureties named in the within bond, being duly sworn, deposes and says that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. HENRY W. MAXWELL. Sworn to before me, this 28th l day of December, 1889. T. ELLETT HODGSKIN, Notary Public, Kings Co. 18 KINGS COUNTY, s City of Brooklyn, ss.: On this 28th day of December, 1889, before me personally appeared FREDERIC A. WARD, JOHN MCNAMEE and HENRY W. MAXWELL, all to me known to be the same persons described in and who executed the within instrument, and they severally acknowledged to me that they executed the same. T. ELLETT HODGSKIN, [L. S.] Notary Public, Kings Co. ENDORSED: I approve of the within bond. Dated Dec. 31, 1889. EDGARI M. CULLEN, J. S. C. STATE OF NEW YORK, County of Kings, 1, WILLIAM J. KAISER, clerk of the County of Kings, and clerk of the Supreme Court of the State of New York, in and for said county (said Court being a Court of Record), DO HEREBY CERTIFY, that I have compared the annexed with the original bond of FREDERIC A. WARD, filed and recorded in my office December 31, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court, this 31st day of December, 1889. [L. S.] WM. J. KAISER, Clerk. 19 CITY OF BROOKLYN, County of Kings, ss.: State of New Yolk, In the Matter of The Petition of WILLIAM H. MURTIHA, and others, verified December, 1889, for the appoint- OATH OF FREDERIC A. WARD. ment of Commissioners, under Chapter 606, of the Laws of the State of New York, passed June 18, 1875, and the acts amendatory thereof. I, FREDERIC A. WARD, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of New York, and will faithfully perform the duties of my office as Commissioner under Chapter six hundred and six (6(6) of the Laws of the State of New York, passed June 18, 1875, and the various acts amendatory thereof and supplemental thereto, to which I have been appointed by Hon. Alfred C. Chapin, Mayor of thecity of Brooklyn, to the best of my ability. FREDERIC A. WAID. Taken and subscribed before me this ' 1st day of December, 1889. EDGAR M. CULLEN, J. S. C. 20 STATE OF NEW YORK, County of Kings, f I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said County (said Court being a Court of Record), DO HEREBY CERTIFY, that I have compared the annexed with the original oath of Frederic A. Ward, filed in my office December 31st, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court, this 31st day of December, 1889. [SEAL.] VWM. J. KAISER, Clerk. STATE OF NEW YORK, Office of the Secretary of State, s. I have compared the preceding with the oath of Frederic A. Ward under Chapter 606, Laws of 1875, filed in this office on the 2d day of January, 1890, and I DO HEREBY CERTIFY the same to be a correct transcript therefrom and of the whole thereof. WITNESS my hand and the seal of office of the Secretary of State, at the city of Albany this 2d day of January, one thousand eight hundred and ninety. [L. s.j TH. E. BENEDICT, Deputy Secretary of State. 21 BOND OF WILLIAM T. LANE. KNOW ALL MEN BY THESE PRESENTS, That we, WILLIAM T. LANE, RUFUS LITCHFIELD and WILLIAM H. MURTHA, all of the city of Brooklyn, county of Kings, and State of New York, are held and firmly bound unto the People of the State of New York in the penal sum of twenty-five thousand dollars lawful money of the United States of America, to be paid to the said people of the State of New York, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators jointly and severally, firmly by these presents. Sealed with our seal, dated the day of December, one thousand eight hundred and eighty-nine. WHEREAS, The above-named WILLIAM T. LANE has upon the petition of W. H. Murtha and others been appointed by the Mayor of the City of Brooklyn a Commissioner, under and pursuant to the provisions of Chapter 606 of the Laws of the State of New York, passed Jutie 18th, 1875, entitled "An Act further to provide for the construction and operation of a steam railway or railways in the counties of the State." Now, therefore, the condition of the above obligation is such that if the above-named WILLIAM T. LANE shall faithfully perform the duties required of him'by said act as such Commissioner, then this obligation to be void, otherwise to remain in full force and virtue. WILLIAM T. LANE, [L. S.] RUFUS LITCHFIELD, [L. S.] W. H. MURTHA. [L. S.]. Sealed and delivered in I the presence of T. ELLETT HODGSKIN. 22 KINGS COUNTY, * City of Brooklyn, ss. RUFUS LITCHFIELD, one of the sureties named in the within bond, being duly sworn, deposes and says that lie is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. RUFUS LITCHFIELD. Sworn to before me this 28th day of December, 1889. T. ELLETT HODGSKIN, Notary Public, Kings Co. KINGS COUNTY, S. CitY of Brooklyn, WILLIAM H. MURTHIA, one of the sureties named in the within bond, being duly sworn, deposes and says that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. W. H. MURTHA. Sworn to before me this 28th day of December, 1889. T. ELLETT HODGSKIN, Notary Public, Kings Co. 23 KINGS COUNTY, e Clity of Brooklyn, I s On this 28th day of December, 1889, before me personally appeared William T. Lane, Rufus Litchfield and William H. Murtha, all to me known to be the persons described in and who executed the within instrument, and they severally acknowledged to me that they executed the same. T. ELLETT HODGSKIN, [L. s.] Notary Public, Kings Co. ENDORSED: I approve of the within bond. Dated Dec. 31/89. EDGAR M. CULLEN, J. S. C. STATE OF NEW YORK, ss. County of Kings, I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said county (said Court being a Court of Record), DO HEREBY CERTIFY, that I have compared the annexed with the original bond of WILLIAM T. LANE, filed and recorded in my office December 31, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WIIHREOF, I have hereunto set my hand and affixed the seal of said County and Court, this 31st day of December, 1889. [L. S.] \WV. J. KAISER, Clerk. 24 CITY OF BROOKLYN, County of Kings, State of New York, ss.: In the Matter of The Petition of WILLIAM H. MURTHA, and others, verified December, 1889, for the appointment of Commissioners under Chapter 606, of the Laws of the State of New York, passed June 18, 1875, and the acts amendatory thereof. / OATH OF WILLIAM T. LANE. I, WILLIAM T. LANE, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of New York, and will faithfully perform the duties of my office as Commissioner under Chapter six hundred and six (606) of the Laws of the State of New York, passed June 18, 1875, and the various acts amendatory thereof and supplemental thereto, to which I have been appointed by Hon. Alfred C. Chapin, Mayor of the City of Brooklyn, to the best of my ability. WILLIAM T. LANE. Taken and subscribed before me, this 31st day of December, 1889. EDGAR M. CULLEN, J. S. C. 25 STATE OF NEW YORK, s County of Kings, I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said County (said Court being a Court of Record), DO HEREBY CERTIFY, that I have compared the annexed with the original oath of WILLIAM T. LANE, filed in my office December 31st, 1889, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, I have hereunto set my [SEAL.] hand and affixed the seal of said County and Court, this 31st day of December, 1889. WM. J. KAISER, Clerk. STATE OF NEW YORK, Is fffice of the Secretary of State, ss I have compared the preceding with the oath of WILLIAM T. LANE, under Chapter 606, Laws of 1875, filed in this office on the 2d day of January, 1890, and I DO HEREBY CERTIFY the same to be a correct transcript therefrom and of the whole thereof. WITNESS my hand and the seal of office of the Secretary of State, at the City of Albany, this 2d day of January, one thousand eight hundred and [L.. ] ninety. TH. E. BENEDICT, Deputy Secretary of State. p6 BOND OF EDWAID F. LINTON. KNOW ALL MEN BY THESE PRESENTS; That we, EDWARD F. LINTON, WILLIAM H. MURTHA and ANDREW PETERS, all of the city of Broooklyn, Kings County and State of New York, are held and firmly bound unto the People of the State of New York in the penal sum of twenty-five thousand dollars, lawful money of the United States of America, to Ije paid to the said People of the State of New York, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the second day of January, one thousand eight hundred and ninety. WHEREAS, The above named EDWARD F. LINTON, has upon the petition of W. H. Murtha and others, been appointed by the Mayor of the City of Brooklyn a Commissioner, under and pursuant to the provisions of Chapter 6()6, of the Laws of the State of New York, passed June 18th, 1875, entitled, " An Act further to provide for the construction and operation of a steam railway or railways, in the counties of the State." Now, THEREFORE, the condition of the above obligation is such that if the above named EDWARD F. LINTON shall faithfully perform the duties required of him by said act as such Commissioner, then this obligation to be void, otherwise to remain in full force and virtue. EDWARD F. LINTON, [L. S.] WILLIAM H. MURTHA, [L. S.] ANDREW PETERS. [L. S. Sealed and delivered in l the presence of T. ELLETT HODGSKIN. KINGS COUNTY, City of Brooklyn, ss.: WILLIAM H. MURTHA, one of the sureties named in the within bond, being duly sworn, deposes and says that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts or liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. WILLIAM H. MURTHIA. Sworn to before me this 1 2d day of Jan., 1890. T. ELLETT HODGSKIN, Notary Public, Kings Co. KINGS COUNTY, 1 (ity of Brooklyn, ANDREW PETERS, one of the sureties named in the within bond, being duly sworn, deposes and says, that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. ANDREW PETERS. Sworn to before me this 2d day of Jan., 1890. T. ELLETT HODGSKIN, Notary Public, Kings Co. 28 KINGS COUNTY, ) City of Brooklyn, ss.On this second day of January, 1890, before me personally appeared EDWARD F. LINTON, WILLIAM H. MURTHA and ANDREW PE'rERS, all to me known to be the same persons described in and who executed the within instrument, and they severally acknowledged to me that they executed the same. T. ELLETT HODGSKIN, Notary Public, Kings Co. ENDORSED: I approve of the within bond. Dated Jan'y 2,' 1890. EDGAR M. CULLEN, J. S. C. STATE OF NEW YOR,, 1s. County of Kings, I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said county (said Court being a Court of Record), DO HEREBY CERTIFY, that I have compared the annexed with the original bond of EDWARD F. LINTON, filed and recorded in my office January 2d, 1890, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court, this 2d day of January, 1890. iWM.f J. KAISER, Clerk. 29 CITY OF BROOKLYN, s County of Kings, ss.: State of New York, In the Matter of The Petition of WILLIAM H. MURTIHA and others, verified December, 1889, for the appointment of Commissioners under Chapter 606, of the Laws of the State of New York, passed June 18, 1875, and the acts amendatory thereof. OATH OF EDWARD F. LINTON. - I, EDWARD F. LINTON, do solemnly affirm that I will support the Constitution of the United States, the Constitution of the State of New York, and will faithfully perform the duties of my office as Commissioner under Chapter six hundred and six (606) of the Laws of the State of New York, passed June 18, 1875, and the various acts amendatory thereof and supplemental thereto, to which I have been appointed by Hon. Alfred C. Chapin, Mayor of the city of Brooklyn, to the best of my ability. EDWARD F. LINTON. Taken and subscribed before me t this 2d day of January, 1890. EDGAR M. CULLEN, J. S. C. 30 STATE OF NEW YORK, | County of Kings. I WILLIAM J. KAISER. Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said County (said Court being a Court of Record), DO HEREBY CERTIFY, that I have compared the annexed with the oath of Edward F. Linton, filed in my office January 2d, 1890, and that the csame is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court, this [L. S.] 2d day of January, 1890. WM. J. KAISER, Clerk. STATE OF NEW YORK, Office of the Secretary of State. I have compared the preceding with the oath of Edward F. Linton, under Chap. 606, Laws of 1875, filed in this office on the sixth day of January, 1890, and I DO HEREBY CERTIFY the same to be a correct transcript therefrom and of the whole thereof. WITNESS my hand aud the seal of office of the Secretary of State, at the City of Albany, this [L. s.] sixth day of January, one thousand eight hundred and ninety. FRANK RICE, Secretary of State. BOND OF HOWARD G(IBB. KNOW ALL MEN BY THESE PRESENTS; That we, HOWARD GIBB, JOHN GIBB and ALDEN S. SWAN, all of the city of Brooklyn, Kings County and State of New York, are held and firmly bound unto the People of the State of New York, in the penal sum of twenty-five thousand dollars, lawful money of the United States of America, to be paid to the said People of the State of New York, for which laynent, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the 28th day of December, one thousand eight hundred and eighty-nine. Whereas, the above named HOWARD GIBB has, upon the petition of W. H. Murtha and others, been appointed by the Mayor of the City of Brooklyn a Commissioner, under and pursuant to the provisions of Chapter 606 of the Laws of the State of New York, passed June 18th, 1875, entitled, "An Act further to provide for the construction and operation of a steam railway or railways in the counties of the State." Now, therefore, the condition of the above obligation is such that if the above named HOWARD GIBB shall faithfully perform the duties required of him by said Act as such Commissioner, then this obligation to be void, otherwise to remain in full force and virtue. HOWARD GIBB, [SEAL.] JOHN GIBB, [SEAL.] ALDEN S. SWAN. [SEAL.] Sealed and delivered in the) presence of ( T. ELLET'T HODGSKIN. 32 KINGS COUNTY, ) City of Brooklyn, \ ss.: JOHN GIBB, one of the sureties named in the within bond, being duly sworn, deposes and says, that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. JOHN GIBB. Sworn to before me this 28th l day of December, 1889. ss T. ELLETT HODGSKIN, Notary Public, Kings Co. KINGS COUNTY, Ss.: City of Brooklyn, ss ALDEN S. SWAN, one of the sureties named in the within bond, being duly sworn, deposes and says, that he is a resident and householder within the State of New York, and is worth the sum of fifty thousand dollars over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. ALDEN S. SWAN. Sworn to before me this twentyeighth day of December, 1889. ( T. ELLETT HODGSKIN, Notary Public, Kings Co. 33 KINGS COUNTY, City of Brooklyn, Ss." On this 28th day of December, 1889, before me personally appeared Howard Gibb, John Gibb and Alden S. Swan, all to me known to be the same persons described in and who executed the within instrument, and they severally acknowledged to me that they executed the same. T. ELLETT HODGSKIN, [SEAL.] Notary Public, Kings Co. ENDORSED: I approve of the within bond. Dated January 2d, 1890. EDGAR M. CIJLLEN, J. S. C. STATE ()F NEW YORK, s. County of Kings, I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said county (said Court being a Court of Record), DO HEREIBY CERTIFY, that I have compared the annexed with the original bond of HOWARD GIBB, filed and recorded in my office January 3d, 1890, and that the same is a true transcript thereof, and of the whole of such originil. IN TESTIMONY WhElREOF I have hereunto set my hand [L. s.] and affixed the seal of said county and Court this 3d day of Janulary, 1890. WiM. J. KAISER, Clerk. 34 CITY OF BROOKLYN, ) County of Kings, ss.: State of New York, In the Matter of. The Petition of WILLIAM H. MURTHA and others, verified December, 1889, for the Appointment of Conimissioners under Chapter 606 of the Laws of the State of New York, passed June 18, 1875, and the acts amendatory thereof.._ OATH OF HOWARD GIBB. I, HOWARD GIBB, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of New York, and will faithfully perform the duties of my office as Commissioner under Chapter six hundred and six (606) of the Laws of the State of New York, passed June 18, 1875, and the various acts amendatory thereof and supplemental thereto, to which I have been appointed by the Hon. Alfred C. Chapin, Mayor of the City of Brooklyn, to the best of my ability. HOWARD GIBB. Taken and subscribed before me this 2d day of January, 1890. WILLARD BARTLETT, Justice Supreme Court. 35 STATE OF NEW YORK, ) County of Kings, ( 5.' I, WILLIAM J. KAISER, Clerk of the County of Kings, and Clerk of the Supreme Court of the State of New York, in and for said County (said Court being a Court of Record), DO HEREBY CERTIFY that, I have compared the annexed with the oath of HowARD GIBB, filed in my office Jan'y 3d, 1890, and that the same is a true transcript thereof, and of the whole of such original. IN TESTIMONY WHEREOF I have hereunto set my hand [L. S.] and affixed the seal of said County and Court, this 3d day of Jan'y, 1890. W.VM. J. KAISEIR, Clerk. STATE OF NEW YORK, s Office of the Secretary of State, ( ss I have compared the preceding with the oath of HOWA RD GIBB, under Chap. 606, Laws of 1875, filed in this office on the sixth day of January, 1890, and I do HEREBY CERTIFY the same to be a correct transcript therefrom and of the whole thereof. WITNESS my hand and the seal of office of the Secretary of State at the city of Albany this sixth day [L. s.] of January one thousand eight hundred and ninety. FRANK RICE, Secretary of State. It was then moved and seconded that the Commissioners proceed by ballot to elect a President. The Secretary was directed to act as teller, and reported the whole number of votes cast as five, of which four were cast for Commissioner William T. Lane, and one for Commissioner Howard Gibb. Commissioner Wm. T. Lane was thereupon declared duly elected President of the Board. Upon motion of Commissioner Gibb, Commissioner C. Elliot Minor was unanimously elected Treasurer of the Board. Mr. Linton nominated Mr. Fred A. Ward as Secretary and he was unanimously elected. Mr. Linton nominates Mr. Charles Bradshaw as Assistant Secretary and he was unanimously elected. Upon motion of Commissioner Ward, the firm of Wingate & Cullen and George V. Brower were elected counsel to the Board by a unanimons vote. 'Upon motion of Commissioner Gibb it was unanimously Resolved, that all persons employed by this Board shall receive compensation only when money sufficient for that purpose shall have been collected as assessments upon subscribers to such company as may be organized by this Board under the statute, and all contracts for printing, advertising and supplies be llade subject to the same conditions. Commissioner Ward offered the following: Resolved, that these Commissioners hereby determine that there is a necessity in the City of Brooklyn of a steam railway or railways for the transportation of passengers, mails or freight in addition to any heretofore authorized, which was seconded by Mr. Lane and carried unanimously. 37 Commissioner Minor offered the following: Resolved, that these Commissioners will hold a public hearing on the 14th instant at 8 P.M. at the Chamber of the Common Council in the City Hall, to hear suggestions in regard to the location of a route or routes and particularly in connection with a route extending in and through Atlantic Avenue, and that the Secretary cause public notice thereof to be given, which was seconded by Mr. Linton and carried by a unanimous vote. The subject of a room having been brought up, Commissioner Lane tendered the use of the Board Room of the Nassau Fire Insurance Company, which was accepted and a vote of thanks tendered to Commissioner Lane therefor. Upon motion it was Resolved, that this Board will hold stated meetings daily, hereafter at 10:15 A.M. beginning 7th instant and excluding Sundays and holidays. The Board then adjourned to 7 instant at 10:15 A.M. FRED A. WARD, Secretary. CHAS. BRADSHAW, Assistant Secretary. 38 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 7, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and LINTON. The Counsel to the Board, General WINGATE and Mr. BRiOWER, were in attendance. The reading of the minutes was dispensed with. A consultation was had with the counsel as to the powers and duties of the Board. The Commissioners discussed and considered the preparations and arrangements for the public meeting resolved upon at the last meeting of the Board. The Board then adjourned to the 8th instant at the place and hour fixed by the resolution in re erence thereto passed at the last preceding meeting of the Board. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 39 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 8, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners LINTON, MINOR and WARD. Absent-Mr. GIBB. The reading of the minutes was dispensed with. A further consultation was had with General WINGATE, the counsel to the Board, and the discussion and consideration of the proposed public meeting was resumed and continued. The Board then adjourned to the 9th instant at the usual place and hour. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 40 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 9, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners LINTON, MINOR and WARD; also Messrs. WINGATE and CULLEN, Of Counsel. Absent-Mr. GIBB. The reading of the minutes was dispensed with. The Assistant Secretary was directed to cause notice of the public meeting resolved upon for the 14th instant to be published on the 10th, 11th and 12th instant in the Citizen, The Eagle, The Times, The Standard- Union and The Freie Presse, daily papers of the city of Brooklyn. The Board then adjourned to the 10th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 41 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 10, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, LINTON and WARD; also General WINGATE, of Counsel. Absent-Mr. GIBB. The reading of the minutes was dispensed with. Samuel R. Probasco was by unanimous vote appointed engineer to the Board. The Assistant Secretary was directed to prepare and distribute on the line of Atlantic avenue circular notices of the public meeting to be held on the 14th instant. The Board adjourned to the 11th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 42 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 11, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, LINTON and WARD. Absent-Mr. GIBB. The reading of the minutes was dispensed with. The Board discussed various matters relating to plans and propositions for railway structures, and adjourned to the 13th instant at the usual hour and place. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant Secretary. 43 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 13, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, LINTON and WARD. Absent-Mr. GIBB. The reading of the minutes was dispensed with. After discussing various matters pertaining to railway plans and structures, the Board adjourned to the 14th instant at the usual place and hour. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. * 44 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 14, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners LINTON and MINOR; also General WINGATE, the Counsel. The reading of the minutes was dispensed with. The discussion as to plans and propositions for rapid transit structures was continued, and the arrangement for the public meeting to be held this evening were further discussed. The Board adjourned to meet this evening at eight o'clock in the Chambers of the Common Council in the City Hall of Brooklyn. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant Secretary. * 45 COMMISSIONERS OF RAPID TRANSIT, COMMON COUNCIL CIIAMBER, CITY HALL, BROOKLYN, January 14, 1890. Pursuant to adjournment, and notices publicly given, the Board met in the Chamber of the Common Council of the City of Brooklyn. Present-President LANE and all the Commissioners, and Messrs. WINGATE and CULLEN and Mr. BROWER, the Counsel to the Board; also Engineer PROBASCO. President Lane announced the object of the meeting, and invited suggestions and expressions of opinion by those present in regard to routes, and especially in regard to a rapid transit route upon or through Atlantic avenue. Mr. Edward Hinman, of 480 Vanderbilt avenue, stated that he was a property-owner on Atlantic avenue, desirous of some improvement in rapid transit upon that avenue, and advocated the construction of an elevated road upon tha t street from the river to the city line. Mr. J. O. Carpenter spoke in favor of an elevated railway on Atlantic avenue. Messrs. O'Brien, Palmer, Kievert, McGeehan, How and D. H. Fowler spoke in favor of an elevated railway on Atlantic avenue. Messrs. Lyman S. Burnham, Owen Marrin and Stiner, stated that, while they did not object to the construction upon Atlantic avenue of an elevated railway of the ordinary pattern, they did object to an elevated railway having more than two tracks, or spanning the entire street. President Lane having invited further discussion, no one responding, the Board adjourned to the 15th instant at the usual hour and place. FRED. A. WARD, CtHARLES BRADSHAW, Secretary. Assistant Secretary. 46 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 15, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and LINTON. Absent-Messrs. WARD and GIBB. The reading of the minutes was dispensed with. After an informal discussion of the speeches and proceedings at the meeting held in the City Hall, the Board adjourned to the 16th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 47 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 16, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, WARD and GIBB. Absent-Mr. LINTON. The reading of the minutes was dispensed with. The Board discussed informally with General Wingate, the counsel, the question of a suitable rapid transit structure for lower Atlantic avenue, and adjourned to the 17th instant, at the usual hour and place. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant Secretary. 48 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 17, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB, MINOR and WARD. Absent-Mr. LINTON. The reading of the minutes was dispensed with. An informal discussion as to plans and structures took place, and the Board adjourned to the 18th instant, at the usual hour and place. FRED. A. WARD, CHAIlLES BRADSHAW, Secretary. Assistant Secretary. "1 49 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 18, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and WARD. Absent-Messrs. LINTON and GIBB. The reading of the minutes was dispensed with. Upon motion of Commissioner Ward, a communication addressed to the Commissioners by George H. Cook, was directed to be incorporated in the minutes of the Board.. The following is the commnnication: " 1012 DEAN ST., B'OOKLYN, January 17th, 1890. Mr. WVi. T. LANE, DEAR SIR.-Relying on your reputation as a clear-headed, honorable citizen, who takes a pride in that which will improve the city of his home, I ask your careful attention to the proposed structure on Atlantic avenue. I realize perfectly the limitations of your position, that you must order something that will pay to build and operate, or your work will amount to nothing; I recognize also the fact, that no company antagonistic to the Long Island R. R. interest, has any chance of success, so we may as well frankly admit that if the road is built it must practically be made satisfactory to the R. R. people. The property owners on and near the avenue, and those who have to cross it have some rights also, and your position is such that I believe, it will be both, a duty and a pleasure to you to devise a scheme whereby both parties can be treated equitably. 50 If you build a heavy, clumsy, 4 track iron structure, it will fill up the greater part of the roadway, will rise in places nearly or quite to the top of the buildings, and be a noisy, dirty and unsightly blot on what might be a fine avenue. Why cannot the track be sunken and made permanent? The city can well afford to pay an equitable part of the cost. As Mayor Chapin said when I made this proposition to him on behalf of 24th Ward property owners: 'If it could be done, 24th Ward property would jump ten feet.' An assessment of $50 per lot on the lots immediately benefited would do the business, and you would have the satisfaction of having given to your fellow citizens the greatest public improvement we have had in twenty years, except the bridge. If the elevated road is built heavy enough to carry four tracks with the heavy trains of the L. I. R. R., you will have something to turn away from in disgust and mortification every time you look at it. Seldom have our citizens the opportunity of choice that you have, between connecting your name with a vast public improvement or with a public eye-sore and a disgrace. Yours resp'y, GEO. H. COOK." The Board adjourned to the 20th instant, at the usual hour and place. FRED. A. WARD, CIIARLES BRADSHAW, Secretary. Assistant Secretary. 51 COMMISSIONERS OF RAPID TRANSIT, G(ARFIELD BUILDING, BROOKLYN, January 20, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and GIBB. Absent-Messrs. LINTON and WARD. The reading of the minutes was dispensed with. After an informal discussion of plans and suggestions as to styles and methods of construction of elevated and other rapid transit roads, the Board adjourned to the 21st instant, at the usual hour and place. FRED. A. WARD, Secretary. CIIARLES BRADSHAW, Assistant Secretary. 52 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 21, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, GIBB and LINTON. Absent-Mr. WARD. The reading of the minutes was dispensed with. No one appearing before the Board, it adjourned to the 22d in stant, at the usual hour and place. FRED. A. WARD, CIHARLES BRADSHAW, Secretary. Assist:lnt Secretery. -j 63 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 22, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and GIBB. Absent-Messrs. LINTON and WARD. The reading of the minutes was dispensed with. Mr. Stiner, a property owner upon Atlantic avenue, west of Flatbush avenue, appeared before the Board and recommended the construction of a depressed railway through Atlantic avenue. The Board adjourned to the 23d instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 64 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 23, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and GIBB. Absent-Messrs. LINTON and WARD. The reading of the minutes was dispensed with. After an informal discussion of the suggestions and arguments heretofore presented before the Commissioners, the Board adjourned to the 24th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 55 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 24, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and WARD. Absent-Messrs. LINTON and GIBB. The reading of the minutes was dispensed with. No one appearing to be heard, the Board adjourned to the 25th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Seoretary. 56 -COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 25, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and GIBB. Absent-Messrs..WARD and LINTON. The reading of the minutes was dispensed with. No one appearing before the Commissioners for a hearing, 'the Board adjourned to the 27th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 57 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 27, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR and GIBB. Absent-Messrs. WARD and LINTON. The reading of the minutes was dispensed with. No one appearing for a hearing, the Board adjourned to the 28th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 58 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 28, 1890. The Board met pursuant to adjournment. Present-Commissioners GIBB, MINOR and WARD. Absent Messrs. LANE and LINTON. The President of the Board being absent, and no one appearing for a hearing, the Board adjourned to the 29th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 59 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 29, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. Upon motion of Commissioner Minor, the Assistant Secretary was directed to invite Messrs. Austin Corbin, J. Rogers Maxwell and Henry W. Maxwell, to meet this Board at a meeting thereof, to be held on the 31st instant, at ten o'clock A. M., to confer upon the subject of a sunken or depressed railway through Atlantic avenue. A communication addressed to the Board by William H. Hornurn upon the subject of a depressed railway through Atlantic avenue was read, and, upon motion of Commissioner Minor, ordered spread upon the minutes of the Board. The communication is as follows, to wit: BROOKLYN, N. Y., Jan., 1890. To THE HONORABLE BOARD OF RAPID TRANSIT COMMISSIONERS: GENTLEMEN.-Having had considerable experience in designing and planning rapid transit roads, some of the first proposed and built in New York City, such as Fourth Avenue Improvement and similar, under the late I. C. Buckhout, Engineer-inChief of Grand Central Depot; and it being my misfortune to live on Atlantic avenue, I have had ample opportunity to observe the operations of the present system, and have given the matter a great deal of thought. and the accompanying drawings and description are the result, which I respectfully submit for the consideration or your honorable body. And if any of my suggestions 60 should meet with your approval, I should feel that my spare time had been well spent. Very respectfully, WILLIAM H. HoRNUM. BROOKLYN, N. Y., Jan. 28th, 1890. To THE HONORABLE BOARD OF RAPID TRANSIT COMMISSIONERS: It has been suggested that an elevated road should be built on Atlantic avenue, but for what purpose it is very difficult to conceive, as there is now on Fulton Ave., only two blocks away, an elevated railroad connecting with Fulton Ferry and the Bridge, which will be amply sufficient to carry all the local rapid transit traffic of that locality for some years to come. By continuing the Fulton Ave. elevated tracks through Joralemon St., thence through either Court or Clinton to State street, through State St. to Furman St. (or through similar streets), curving into and terminating at South Ferry, would connect all the upper parts of Brooklyn, including City Hall with South Ferry, and by building only three thousand lineal feet of elevated road would, as far as local rapid transit is concerned, accomplish the same result as by building an elevated road on Atlantic Ave. from the South Ferry to East New York. Besides, it could hardly be considered practicable to cross the Union Elevated road at Flatbush Ave. About eighteen years ago, before the commencement of the 4th Ave. Improvement in the city of New York, most of the railroad traffic of the different R. R. Co.'s was carried over thie surface tracks on 4th ave., and comparatively few houses were built there on that.:ccount. Life was endangered every day, it being almost impossible for both pedestrians and vehicles to cross the avenue, the street being in a uiost deplorable condition as re 61 gards cleaning, paving, etc. Property was almost worthless compared to the other avenues up town, and (with the exception that 4th Ave. had sufficient gas light, it was in every respect in the. same condition at that time as Atlantic Ave. is to-day), until the tracks were placed under ground, which was completed in the spring of 1876. And now when looking at Park Ave. (the new name for 4th Ave.) at the present tiMe, with its beautiful parks, its magnificent buildings, containing all kinds of club houses, first class apartment houses, etc., etc., while at the same time a hundred heavy loaded trains passing daily, thundering along under ground at the rate of forty miles an hour. Would any thinking man for a moment believe that that Ave. could have possibly looked as it looks to-day if an elevated road had been built there fourteen years ago, and would the different R. R. Co's. have been able to carry on their business on such a structure, even if they did not run a larger number of trains than is run on Atlantic Ave. in the busy season? How could an elevated road possibly suit the purpose of the Long Island R. R. Co. for carrying on its business on Atlantic Ave., such as freight and express trains, Rockaway and Manhattan Beach trains, etc., etc.? It has been said that the so objectionable surface tracks might remain for running freight and express trains nifhts. Now, to think of running trains overhead in addition to trains rushing in both directions on the surface tracks at the rate of forty miles an hour in the darkness of the night, where now it is unsafe to cross in the day time, is in itself so absurd that it does not deserve mentioning. But for argument sake, even supposing that such a road would be tolerated, and the safety of life and property so entirely disregarded, the two roads would not answer the purpose of the L. I. R. R. Co. even, and all through passengers would have to change twice (at East New York and at Flatbush Ave.), and it would be absolutely no improvement on the avenue. An open cut depressed road would meet all the necessary re. quirements. The tracks being on a solid road bed, heavy and 62 powerful engines could be run able to stop and start quickly, and able to get up a high speed in a short distance. Express and freight trains can be run all night and day, as often and as fast as desired, and no gatemen required. All the suburban roads, Rockaaway, Mlanhattan Beach trains, etc., can run right into Flatbush Avenue Depot and connect with the Elevated Road for the Bridge and ferries. The road being under the street surface, the trains will make very little noise, and there will be no more danger to passengers than in ordinary railroad travelling, and absolutely no danger to people who are obliged to cross the avenue. This improvement would prove as much a public benefaction towards securing the proper kind of rapid transit for Brooklyn, as it would (by improving Atlantic avenue and the neighborhood in general), increase the taxable property in that locality, and in the Twenty-fourth Ward especially, that the advantage to all parties concerned cannot fail to be seen at once. DESCRIPTION. Fig. 1. A map of Brooklyn, indicating the different improvements. Fig. 2. Section A B, between cross streets, showing side view of bridges, section of parapet, retaining walls, etc. Fig. 3. Section C D, in centre of cross streets, showing construction of bridges and grade of cross streets. Fig. 4. Loligitudinal section through centre of avenue, showing retaining walls, railing, etc., and cross section of the road bridges. Fig. 5. Section through underground platforms, and also showing the avenue in perspective, giving an idea of how it will 63 look when completed, or how sit would have looked if the improvement had been made years ago. The road bed to be lowered twelve to thirteen feet below the present curb line, and the avenue to be raised one to two feet at the road bridges. The road, of course, is to be ballasted with broken stones to effect the necessary drainage, and if covered with sand, earth or gravel, would, to a certain extent, absorb the vibrations of the moving trains and help to lessen the noise. The open cut to be built twenty-four feet wide, with a retaining wall on either side of rubble masonry, a parapet wall three feet high and two feet wide, with a coping- off top surmounted with a plain wrought iron railing about two feet six inches high. The avenue being sixty-eight feet between curbs would leave twenty feet of roadway on either side (the distance now is only eighteen feet nine inches between fences and curbs). There should be a road and foot bridge at each crossing (where gates are now) with thirty feet of roadway and ten feet on either side for pedestrians, and as many foot bridges between these crossings (ten to twelve feet wide) as will niake a passage for pedestrians at least every two hundred feet. There should be a depot at about each mile, with columns, supporting the street above. Platforms may have concrete surfaces, and be reached either by stairs from the sidewalk or from the adjoining buildings, with toilet rooms, waiting rooms; ticket and telegraph offices, etc., connecting with the platforms by tunrnels. In order to connect the depressed road with the present surface tracks at both ends, somewhere east of the Twenty-sixth Ward, and at Flatbush Avenue Depot, it would be necessary to have approaches at both these places, which would call for some different construction at the crossings, such as steps to foot bridges, approaches for road bridges, etc. Such a road would cost approximately $650,00() per mile, more or less, according to the style and size of depots, character of 64 material and workmanship, also the more or less interference with pipes, etc. The sand from the excavation not necessary for the construction of the road, may be sold for building purposes, which would lessen the cost somewhat. Many difficulties would, of course, have to be expected in undertaking such a public inprovement as this, as the changing and protection of pipes, etc. In another year an electric subway might be added, but nothing would be encountered but that could be overcome by a reasonable expense. Having especially had in view such improvements as would lessen the now existing eril ol, Atlantic Ave., east of Flatbush Depot, I have only re'erred to that portion of the road, but in order to get the full benefit of that improvement for Rapid Transit purposes, the tracks should be lowered deeper into the ground somewhere east of Flatbush Depot, and continue under the street surface down Atlantic Ave., perhaps connecting with the old tunnel, and branching off somewhere under Court and Schermerhorn Sts., thence through the blocks, elevated over Furman St. (connecting with a ferry for different points in New York), and by lowering the street grade at Columbia Place, tunnelling or bridging over for pedestrians in Willow Place, and raising the street grade inl Hicks St. and Garden Place, a very little would be able to reach East river without interfering with the street surface, except at Willow Place, which would be dut off for vehicles. Tlhe better plan would be to plunge the road deeper into the ground and continuing down under Atlantic Ave. through a tunnel under the river to New York, connecting there with the different rapid transit roads, and thereby permit a practically continuous quick transit between remote points in the two cities, and Brookllyn would thereby assume a metropolitan character. It would, however, require a more thorough acquaintance with the present condition of that part of the avenue, etc., to perfect 65 this plan than my limited time would permit me to get in possession of, such as height of street grades, above high water, condition and value of prolpety it might interfere with, depth of foundation of houses, position and condition of the old tunnel, depth of river, etc., and other obstacles such as sewers, water pipes, etc., which interference would be of a more serious character than above Flatbush Ave. depot. But this kind of a road on a solid road bed able to carry both passengers andfreight from New York City to Brooklyn City limits, connecting there with surburban roads would be the only real rapid transit road in Brooklyn, and the kind of railroad accommodations that it wants, and will surely have some day in the future, aside from what already exists and in spite of all opposition. Respectfully, W. H. HORNUM, 1835 Atlantic Avenue. Brooklyn. The Board adjourned to the 30th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary..1 66 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 30, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, GIBB and LINTON. Absent-MR. WARD. The reading of the minutes was dispensed with. After an informal discussion of the suggestions set forth in the letter of Mr. Hornum, the Board adjourned to the 31st instant at the usual place, at half past nine A. M. FRED. A. WARD, CIIARLES BRADSIIAW, Secretary. Assistant Secretary. 67 COMMISSIONEIIS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, January 31, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners, with General WINGATE, of Counsel in attendance. Mr. J. R. Maxwell appeared in response to the invitation of the Board, and upon the suggestion of President Lane that he had been invited before the Commissiolers to give his views upon the proposition for a depressed railway through Atlantic avenue, addressed the Board: Mr. Maxwell said that the Long Island Company was willing to adopt any plan of an elevated road that would support four tracks east of the Flatbush avenue depot, and either an elevated structure or a depressed road from the depot to the ferry. In speaking of the proposition to build a tunnel or depressed road the full length of the avenue, from the city line to the ferry, he said, that the cost of such a road would be so great as to preclude the consideration of the project by the company he represented. He said the proposition of Engineer Hornum for a depressed railway was for an excavation accommodating only two tracks. The Long Island Railroad operates two systems of passenger travel on Atlantic avenue. One of these accommodated through travel for Jamaica and outlying points on the Island, and the other, travel between the city limits and theFlatbush avenue depot. The trains on the latter-the rapid transit-system made frequent stops. The through trains running on the same tracks were obliged to run at a slow rate of speed on account of the delays occasioned by the rapid transit trains. The Long Islandl Railroad Comlpany desired to obtain on Atlantic avenue a clear track for through travel, and this could be done only by the use of separate tracks for this traffic, necessitating a four track road for the accommodation of both kinds of travel. A depressed road of sufficient width for four tracks, by reason 68 of its expense, would fall in the same category as that of a tunnel. A two track road, elevated or depressed, might be accepted by the Long Island Railrond Company from Flatbuslh avenue to the ferry, but a four track road alone would be satisfactory from the depot to the city line, and, for reasons of economy, this could not be a depressed road. Mr. Maxwell said that they would be willing to build in the centre of the street and not span the entire roadbed, if that would be more acceptable. The existence of a large water main on Atlantic avenue would, however, add greatly to the cost and difficulty of building an elevated railroad of the two column pattern, such as is in operation on Flatbush and Lexington avenues. The cost of removing these pipes and replacing them witli others that would permit of building foundations in the street would be about $80,(000 from the ferry to the Flatbush avenue depot. If the city would do this work- the Long Island Company would assume the expense. Mr. Maxwell said that several years would be required for the construction of a depressed road, during the greater part of which time the Long Island Railroad Company would be deprived of its roadbed; that under an agreement with Mr. Richardson as lessees they paid him a percentage of the net profit and that seemed to Mr. Maxwell an important matter in connection with the proposal to cut open the road. The members of the Board and the counsel discussed the question of the comparative cost of divers systems of rapid transit, as well as the expediency and practicability of the same as applied to Atlantic avenue, in whole or part. The Board adjourned to February 1st, 1890, at the usual place and hour. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 69 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 1st, 1890. The Board met pursuant to adjournment. Present - President LANE and Commissioners MINOR and WARD. Absent-Messrs. GIBB and LINTON. The reading of the minutes was dispensed with. No business coming before the meeting, the Board adjourned to the 3d instant at the usual place and hour. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 70 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 3, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, GIBB and LINTON. Absent-Mr. WARD. The reading of the minutes was dispensed with. Mr. L. S. Burnham, Mr. O'Brien, and a large number of owners and other persons interested in property upon lower Atlantic avenue, being present, President Lane invited a general expression of opinion as to a railway upon Atlantic avenue, and expressed the desire of the Commissioners to ascertain the preferences and sentiments of the citizens and property owners in reference to the question of rapid transit upon that avenue. Mr. Burnhain declared himself opposed to an elevated railway that would span the street. Mr. O' Bien said that he favored any practicable mode of rapid transit to the ferry. The Board adjourned to the 4th instant, at the usual hour and Ilace. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 7L COMMISSIONPERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 4, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioner GIBB. No quorum being present, the meeting stood adjourned to the 5th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 72 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 5, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and MINOR. The reading of the minutes was dispensed with. Mr. Samuel M. Parsons, of 1469 Pacific street, presented in writing a scheme for a depressed railway through Atlantic avenue advocating its construction, and suggesting municipal aid in the execution of the enterprise. The communication in question was received and ordered placed upon file, The Board adjourned to the 6th instant, at the usual hour and place. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant Secretary. 73 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 6, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. Messrs. William P. Gill and E. M. Gridley appeared before the Board, and spoke in favor of the plan advocated by S. M. Parsons. Mr. E. S. Litchfield spoke in favor of an eleyated railway. The Board adjourned to the 7th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 74 CoMLMISSIoNEHS OF RAPID) TRANSIT, GARFIELD BUILDING, BROOK1,YN, February 7, 1890. The Board met pursuant to adjournment. Present -President LANE and Conmissionelrs 7VARD and MINOR. The reading of the minutes was dispensed with. Messrs. Ira Leo Bamberger, M. Cohen, and others'appeared before the Board, and advocated the plan suggested by S. M. Parsoils. The Board adjourned to the 8th instant, at the usual hour and place. FRED. A. WTARD, CIIARLEs BRADSI1AW, Secretary. Assistant Secretary. 75 COMMISSIONEIRS OF RAPID TRVANSIT, GARFIELD BUILDING, BROOKLYN, February 8, 1890. The Board met pursuant to adjournment. Present - President LANE and Commissioners WARD and MI NOR. The reading of the minutes was dispensed with. Messrs. F. B. Latimer, J. F. Anderson, and George I. Murphy advocated the adoption of a depressed railway system. Mr. John J. Drake, of 319 Flatbush avenue, and Mr. Charles W. Hart, of 1004 Dean street, by letter to the Commission, expressed themselves as in favor of a depressed road. The Board adjourned to the 10th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 76 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 10, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, LINTON and GIBB. The reading of the minutes was dispensed with. Messrs. D. P. Darling, D. F. Felnald, and S. H. Cornell, appeared and advocated the adoption of a depressed road. The Board adjourned to the 11th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHIAW, Secretary. Assistant Secretary. 77 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 11, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. Hon. Felix Campbell appeared, and urged the adoption of the scheme for a depressed road. Mr. E. Kane expressed himself as in favor of a two-track elevated road upon Atlantic avenue, from the ferry to Flatbush avenue, and a depressed railway thence to the city line. The Board adjourned to the 12th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 78 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 12, 1890. The Board met pursuant to adjournment. Present - President LANE and Commissioners MINOR and WARD. The reading of the minutes was dispensed with. General A. C. Barnes appeared before the Board, and spoke in favor of a depressed road. Mr. A. P. Bates, of 186 Remsen street, by letter, advocated a depressed road. Mr. Alanson Treadwell appeared and advocated an elevated road. The Board adjourned to the 13th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 79 COMMISSIONERS OF RAPID TRANSIT, GAKFIELD BUILDING, BROOKLYN, February 13, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and LINTON. The reading of the minutes was dispensed with. Mr. Felix Gallagher addressed the Board in favor of a depressed road. Mr. J. 0. Carpenter spoke in favor of an elevated road. The Board adjourned to the 14th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 80 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 14, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. Mr. W. S. Haviland appeared and spoke in favor of an elevated road, but said that he would prefer a depressed railway to the rail. road as now operated upon the surface of Atlantic avenue. The Board adjourned to the 16th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 81 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 15, 1890. The Board met pursulant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No one appearing before the meeting, the Board adjourned to the 17th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 82 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February, 17, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and MINOR. The reading of the minutes was dispensed with. Mr. Charles H. Moses appeared before the Board and advocated a four-track depressed road. Mr John F. Heissenbuttel, owner of Nos. 17, 19 and 21 Atlantic avenue, said that he was opposed to a two-track elevated road upon that avenue. Mr. Alfred Ogden, of 434 Washington avenue, by letter favored a depressed road. The Board adjourned to the 18th instant at the usual hour and place. FRED. A. WARD, CItARLES BRADSHAW, Secretary. Assistant Secretary. 83 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 18, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners MINOR, WARD and GIBB; also General WINGATE, of Counsel. ) The reading of the minutes was dispensed with. Mr Henry M. Calvert, representing owners of property in the Twenty-third and Twenty-fourth Wards of Brooklyn, presented' numerously signed petition praying for the establishment of a depressed railway system on Atlantic avenue, and addressed the Board at length in support of the petition. Mr. John F. Halstead and Mr. Rufus T. Griggs endorsed the remarks of Mr. Calvert. The Board adjourned to the 19th instant at, the usual hour aht' place. [' f? FRED. A. WARD,. CARLES BRADSHAW, Secretary. Assistant Secretary.':i'i 84 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 19, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners; also General WINGATE, of Counsel. The reading of the minutes was dispensed with. Mr. John S. Frost appeared and spoke in favor of a depressed road. Upon motion of Commissioner Minor, the following resolution was adopted, viz.: Resolved: That General Wingate, of Counsel to this Board, be and he hereby is, requested to prepare and present to this Board a statement of the rights of the Long Island Railroad Company, and of the Atlantic Avenue Railroad Company, in Atlantic avenue, and of the way in which those rights were acquired. The Board adjourned to the 20th instant at the usual hour and place. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant Secretary. I 86 COMMISSIONERS OF RAPID TRANSIT, GA tFIKrLD BUILDING, BROOKLYN, February 20, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. Mr. Walter E. Parfitt appeared before the Board and spoke in favor of a depressed road. Mr. Matthew Hinman spoke in favor of an elevated road. The Board adjourned to the 21st instant at the usual place and hour. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary..x 86 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 21, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. No quorum being present, the meeting stood adjourned to the 24th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 87 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 24, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners WARD and LINTON; also General WINGATE of Counsel. The reading of the minutes was dispensed with. General Wingate, of counsel to the Board, presented the following opinion as to rights of existing railroad corporations in Atlantic avenue, as directed by resolution of the Board, passed February 19, 1890: No. 20 NASSAU STREET, NEW YORK, February 19, 1890. TO THE COMMISSIONERS OF RAPID TRANSIT: 'GENTLEMEN.-I am in receipt of your request for my opinion: First. —As to the authority by which the existing steam railroad is operated in Atlantic avenue east of Flatbush, and Second.-In regard to the jurisdiction of this commission to interfere therewith. In reply thereto, I have the honor to state as follows: The questions in regard to the railroads in Atlantic avenue are very complicated, and it is difficult to be certain that all the facts in regard to them are correctly ascertained. Such of those hereinafter stated as I have not become familiar with in various legal proceedings in which I have been engaged as counsel, are founded upon the evidence given in different suits in regard to Atlantic avenue, notably in The People against The 88 Brooklyn, Flatbush and Coney Island Railroad Company, 89 N. Y., 75. I have, therefore, no doubt but that they are substantially accurate. I.-As to the authority by which the existing steam surface railroad is operated in Atlantic avenue east of Flatbush: The Atlantic Avenue Railroad Company is the owner of a strip of land thirty (30) feet wide in the centre of Atlantic avenue (being the portion enclosed between the fences, and some four feet in addition), and the cars running over it are operated by the Long Island Railroad Company as its lessee, the latter paying to the former a certain sum for each passenger it carries over the line, the lease having many years to run. The following is a history of this strip: a. The Brooklyn and Jamaica Railroad Company was incorporated by Chapter 256 of the Laws of 1832, by which it was authorized to construct and maintain a railroad with a single or double track, "and appendages necessary for the convenient use of the same," from a point within the then village of Brooklyn to Jamaica, being required to receive the consent of the corporation of said village before occupying the streets or using the steam. I have found no record of any such consent, but it was undoubtedly granted. b. This company acquired, by purchase or condemnation proceedings,.a strip of land which extended from Flatbush avenue to Jamaica. This was acquired for the use, for railroad purposes by this company, and it has been decided by the Court of Appeals, that if, relinquished by it, the title reverts to the original owners, and it does not become a part of the public street. Heard vs. City of Brooklyn, 60 N. Y., 242. Strong vs. Same, 69 N. Y., 1. I am not positive whether the Brooklyn and Jamaica Railroad 89 Company acquired title to the whole of that portion of the strip which extends through Atlantic avenue west of Flatbush avenue to South Ferry, but that is not material to the present consideration. c. Over the strip thus acquired, the Brooklyn and Jamaica Railroad Company constructed a steam surface railroad which it operated from Jamaica to South Ferry until about the year 1860, and which passed through the tunnel built in lower Atlantic avenue. d. By Chapter 178, Laws of 1834, the Long Island Railroad Company was chartered to build a single or double track through the middle of Long Island "to the water's edge in the City of Brooklyn," and was authorized to prescribe "by what force the carriages to be used thereon may be propelled," but could not run upon any street in Brooklyn without the consent of its Trustees. e. By Chapter 94, Laws 1836, the Brooklyn and Jamaica Railroad Company was authorized to lease its road to the Long Island. On or before December 1st, 1836, the Brooklyn and Jamaica Railroad Company leased to the Long Island Railroad Company all its property and franchises, and the latter as such lessee operated the road from South Ferry to Jamaica, and over this strip as a steam railroad until 1859. This the Court of Appeals says in 89 New York Rep., page 89, was done "rightfully and with the full authority and con"sent of the State and the City." f. The strip of land which the Brooklyn and Jamaica Railroad Company acquired in 1834 above stated, was a strip eighty (80) feet wide, being the southerly eighty (80) feet of the present Atlantic avenue, the northerly thirty (30) feet of which includes the present railroad tracks. In 1838, Atlantic avenue was laid out seventy feet in width 9() on the city map, which took thirty feet off the northerly part of the strip, leaving the company in the possession of the southern fifty feet. In 1853, it was projected to widen Atlantic avenue by taking in this fifty feet, and by Chapter 220, Laws of 1853, "every railroad in the city of Brooklyn was authorized to propel its cars by the like motive power as then employed," on condition that the strip of land on the south side of Atlantic avenue between Gowanus Lane and Classon avenue should be used by the city of Brooklyn for a public street," and both parties were authorized to contract accordingly. On April 10th, 1855, an agreement was made between the Brooklyn and Jamaica Railroad Company and the Long Island Railroad Company and the city of Brooklyn, under which the strip fifty feet wide east of Flatbush avenue was ceded to the city for a street, and the city in exchange gave to the railroads the right to occupy and use a strip of land thirty feet in width in the middle of Atlantic avenue as widened for the purpose of railroad tracks to be used by cars and locomotives as the tracks on the ceded land were used, and the Long Island Railroad Company agreed to remove its tracks to this strip. This agreement was ratified by the Legislature April 13, 1855. It has been held by the Court of Appeals (89 New York Rep., 84) that under these proceedings the Brooklyn and Jamaica and the Long Island Railroad Companies had acquired and possessed the right to operate their cars by steam over this strip in Atlantic avenue. g. By Chapter 484 of the Laws of 1859, and Chapter 600 of the Laws of 1860, provision was made for the closing of the tunnel and the relinquishment by the Brooklyn and Jamaica Railroad Company of the right to use steam power in the city of Brooklyn. Under these acts Commissioners were appointed who, on or about April 28th, 1860, entered into an agreement with the Long Island Railroad Company and the Brooklyn and Jamaica Railroad Company by which the use of steam on Atlantic avenue was sur 91 rendered by them, and thereafter the sum of $125,000, mentioned in this acf, was raised by assessment on the property owners on Atlantic avenue and the adjoining streets and was paid to the two companies and the tunnel was closed and the use of steam upon Atlantic avenue discontinued. I am informed that this money was not actually received by the Long Island Railroad Company, but was assigned to and collected by the late Mr. E. B. Litchfield as a contractor for constructing a connection between the Long Island Railroad and Hunters Point, which was substituted by it as a terminus in place of the one at South Ferry which was abandoned. The Long Island Railroad Company ceased to operate its railroad and went to Hunters Point May 9, 1861, Thereafter and until 1876, a horse railroad was operated through Atlantic avenue to the cityline by the assigns of the Brooklyn and Jamaica Railroad. h. In August, 1859, a company known as the Brooklyn Central Railroad Company was incorporated under the General Railroad Act to run over certain routes among which was a line running through Furman street, Atlantic street and avenue to the city line, being the same line as that of the Brooklyn and Jamaica Railroad Company. By Chapter 460 of the Laws of 1860, this company was consolidated with the Brooklyn and Jamaica Railroad Company under the name of " the Brooklyn Central and Jamaica Railroad Company." The act provided that the consolidated company should be entitled to the privileges of both and should finish any uncompleted roads of either. The franchises and property of this consolidated company (the Brooklyn Central and Jamaica Railroad Company), were sold under foreclosure to E. B. Litchfield on March 8th, 1866, and a new company was thereupon formed, known as the Brooklyn and Jamaica Railway Company. Mr. Litchfield assigned to this company lIis bid and a conveyance was made to it of the property purchased at the sale. In 1867, this company leased the lines which it had acquired under this foreclosure to WVilliam Richardson. 92 i. The Atlantic Avenue Railroad Company was organized on May 1st, 1872, under the General Railroad Act, for the purpose of operating railroads in various streets in the city of Brooklyn commencing at Fulton Ferry in the city of Brooklyn, running thence through and along Furman street with a double track to Atlantic avenue; thence also from South Ferry to and along Atlantic avenue to the terminus of Atlantic avenue at the dividing line between the counties of Kings and Queens; thence upon, along and over the tracks and lands now or formerly made and owned by the Brooklyn and Jamaica Railroad Company in the village of Jamaica, in the county of Queens. j. In 1872, Mr. William Richardson assigned the lease which he had obtained from the Brooklyn,nd Jamaica Railway Company to the Atlantic Avenue Railroad-Company. k. In 1872, the mortgage made by the old Brooklyn and Jamaica Railroad Company before its consolidation was foreclosed and its rights and franchises were purchased by Mr. William Richardson, who in 1874, conveyed to the Atlantic Avenue Railroad Company the properties purchased by him at the sale. This was held to be legal 89 N. Y., 85. It is claimed that the effect of these proceedings was to vest in the Atlantic Avenue Railroad Company the franchises and rights1, of the original Brooklyn and Jamaica Railroad Company; 2, of the Brooklyn Central Railroad Company; 3, of the Brooklyn Central and Jamaica Railroad Company; 4, of the Brooklyn and Jamaica Railway Company. 1. By Chapter 187 of the Laws of 1876 (Laws 1876, page 166), it was provided that it should be lawful for the Atlantic Avenue Railroad Company and the Long Island Railroad Company as its lessee of that part of the railroad of said Atlantic Avenue Railroad Company which extends from the junction of Atlantic and Flatbush avenues in the City of Brooklyn easterly along said Atlantic Avenue to the City line " to run cars over said railroad upon Atlantic avenue from the city line of Brooklyn to Flatbush avenue 9:3 by steam power" subject to such rules and regulations as to rate of speed and public safety as from time to time the Common Council of the City of Brooklyn shall prescribe, and all acts and parts of acts inconsistent therewith were repealed. m. On March 13th, 1876. the Common Council of the City of Brooklyn passed a resolution permitting the use of steam and steam locomotives and cars on Atlantic avenue between Flatbash avenue and the city line by the Atlantic Avenue Railroad Company or any other railroad company acquiring by lease or otherwise the right to so use and operate the railroad on such avenue. n. In January 1867, the Long Island Railroad Company obtained a new lease from the Brooklyn and Jamaica Railroad Company and up to 1877 it operated a railroad by horse power in Atlantic avenue to a point between Classon and Franklin avenues. o. On January 18th, 1867, the Brooklyn and Jamaica Railway Company leased to the Long Island Railroad Company its tracks with the right to run its cars from the city limits over the railroad between the city limits and the depot in Classon avenue. March 26th, 1877, a further lease was made by the Atlantic Avenue Railroad Company to the Long Island Railroad Company of the railroad from Jamaica to a point in Atlantic avenue 200 feet east of the east line of Flatbush avenue and covering the strip in question. This lease was for ninety-nine years, and is now in force. About April 14th, 1877, the Long Island Railroad Company took up the track then laid in Atlantic avenue over this strip as not being suitable for steam, and relaid it. Thereupon a steam railroad was substituted for the horse railroad and the Long Island Railroad Company as the lessee of the Atlantic Avenue Railroad Company has ever since and is now maintaining a steam railroad over the strip in question in the centre of Atlantic avenue. p. I am informed that by some agreement, the details of which I have not learned, when the fence was erected enclosing this strip 94 but twenty-six feet were inc'l led, the r. lnaining four feet being thrown into the roadway. q. The legality of the restoration of steam on Atla.ntic avenue was contested by the property owners in a suit blolught in the name of the people, but was sustained by the Court of Appeals. People v)s. Brooklyn F. & C. I. R. It., 89 N. Y., 75. II. -As to the right of this coinmission or of any company which it may organize to interfere with the occupa.tion of tile strip in question by the railroad companies now owning and using it. a. The land in question having been devoted to railroad purposes which is a public use and being actually used for thie operation of a steam railroad and therefore necessary therefor, neither this commission, nor any company which it can,rganize, can acquire such lan d or any rights in it or ulnder it (except to cross, intersect or connect with the rail'roads thereon) without tile consent of the existing railroad compan nies ow n ing nd using it. b. There is a provision in the Rapid Transit Act (Sec. 35, Chap.; 6()6, Laws 1875), which allows a company formed by Commissioners like this Board to temporarily alter a horse railroad track constructed in the streets in such a way as to permit the construction of an elevated railroad over it, but this provision does not extend to a steam surface railroad. In fact sub. 5 of Sec. 25 of that act prohibits the erection of piers or supports for an elevated railrolad upon a railway track in actual use in any street. I know of no provision of law authorizing the commission to direct any existing railroad to be depressed, or to form a company which will have the right to do so. The extent to which the Courts have gone is that where a railroad is in possession of property which is not used or necessary to be used by it for railroad purposes, another railroad, which does need the property for railroad purposes may acquire it, as if it belonged to an individual. Matter of Rochester, Hornellsville & Lack. R. R., 110 N. Y., 119. It is therelore probable that an elevated railroad might be authorized which should be constructed over tlhe tracks in Atlantic avenue in such a manner as not to interfere with their use on' the theory that the space in the air over the tracks is not needed for railroad purposes by the surface road. But beyond this they cannot be interfered with under the law as it now stands. GEO. W. WINGATE. Daniel Barnes appeared and advocated an elevated road with cable traction. Mr. M. C. Earl spoke in favor of a depressed road. Mr. F. S. Sinclair by letter favored a depressed road. The Board adjourned to the 25th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 96 COMMISSIONERS OF RAPID TRANSIT, GAitFIELD BUILDING, BROOKLYN, February 25, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and LINTON. The reading of the minutes was dispensed with. After an informal discussion upon the various views and sentiments heretofore expressed, no one appearing before the Board, it adjourned to the 26th instant at the usual place at 11 A. M. FRED. A. WARD, CHAILES BRADSHAW, Secretary. Assistant Secretary. 97 COMMISSIONERIS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, February 26, 1890. The Board met pursuant to adjournment. Present —President LANE and Commissioners MINOR, GIBB and LINTON; also General WINGATE. The reading of the minutes was dispensed with. Mr. J. Rogers Maxwell, vice-president of the Long Island Railroad Company, appeared and stated that the cost of constructing a depressed road from the ferry to the city line, adequate to the traffic needs of the Long Island Railroad Company was too great for that company to undertake such a work. The Board then adjourned to and place. FRED. A. WARD, Secretary. the 27th instant at the usual hour CHARLES BRADSHAW, Assistant Secretary. 98 C(OMIiSSIONERS OF RAPID TRANSIT, GARFIELD IBUILDING BROOKLYN, February 27, 1890. The Board met pursuant to adjournment. Present - President LANE and Commissioners MINOR and WARD. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 28th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 99 COMMISSI.,'NERIS OF RAPID IRANSIT, GA RFI ELD BUILDING, BROOKLYN, February 28, i,'-9(. The Board met pursuant to adjournment. Presenit-President LANE and Commissioners GIBI3 and LINTON. The reading of the minutes was dispensed with. At the invitation of Mr. Maxwell the Commissioners visited the office of Mr. Jones, the engineer of the Long Island Railroad Company at 22 Hanson Place, where they met Mr. Maxwell, Messrs. E. G. Blackford, Henry M. Calvert, A. C. Brownell and a number of Twenty-Third and Twenty-Fourth Ward propertyowners, besides General Wingate, the counsel, and Mr. Probasco, the engineer of the Board; after a long conference, and discussion of the subject of a depressed road, the Board adjourned to meet at the office of the Mayor of the City of Brooklyn at the City Hall at 10 A. M. on March 1, 1890. FRED. A. WARD, CHARLES BRADSHAW, Secretary, Assistant Secretary. 100 COMMISSIONERS OF RAPID TRANSIT, MAYOR'S OFFICE, CITY HALL, BROOKLYN, March 1, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. There were present, his Honor the Mayor, Mr. A. F. Jenks, Corporation Counsel, Messrs J. Rogers Maxwell, William Richardson, Charles Cooper, Eugene (x. Blackford, Edward H. Hobbs, and others, and General Wingate and Mr. Brower, the Counsel to this Commission. Messrs. Blackford and Calvert spoke in favor of a depressed road. Mr. Maxwell said that the estimate of the engineer whom he had consulted, placed the cost of a depressed road for a four track railway partly covered over, at $12,000,000 for seven miles or the distance from South Ferry to the city line, which cost was beyond the means of the Long Island Railroad Company. He said that that company was not opposed to a depressed road, but could not build any such unless aided, and that it could not stand an interest charge on account of it of more than $300,000 per annum. The Board then adjourned to the 3d instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 101 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, Marcli 3, 1890. The Board met pursuant to adjournment. Present.-President LANE and Commissioners. The reading of the minutes was dispensed with. No one appearing before the Board it adjourned to the 4th instant at the usual hour and place. FRED. A. WVARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 102 COI MISSIONERlS OF RAPID TI^ANSIt', GARFIELD BUILDING, BROOKLYN, March 4, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and LINTON; also General WINGATE, of Counsel. The reading of the minutes was dispensed with. Upon motion of Commissioner Gibb, seconded by Commisioner Linton, the following resolution was adopted, to wit: Resolved, That this Commission do, and hereby does, fix and determine the following as the routes of the railway or railways to be constructed and operated by the railway company which may hereafter be formed by this Commission, to wit: R()UTE N. 1. Beginning at a point at or near the Union Ferry Company's building at the western termination of Atlantic avenue, thence continuing easterly through Atlantic avenue to the city line. ROUTE No. 2. Commencing at the railway to be constructed upon the line hereinabove authorized at a point in Atlantic avenue, between Sackman street and Jardine place; thence running southerly and passing over, under, through or across private property to the line of the railroad of the New York, Brooklyn and Manhattan Beach Railroad at a point between Liberty avenue and the Eastern Parkway and there connecting therewith. 103 ROUTE No. 3. (a.) —The company which may'be authorized to construct or which mdy construct the railroads upon the routes hereinabove described, or either thereof, is authorized in addition thereto to construct a single track from the line of the railway herein authorized to be constructed on Atlantic avenue, beginning at a point between Fifth and Sixth avenues; thence continuing easterly and then curving southerly over, through or across private property bounded by Sixth and Carlton avenues and Atlantic avenue and Pacific street, so as to afford connection between the railway to be constructed on Atlantic avenue and the said private property. (b.) Said company is further authorized to construct a siiigle track from the railway hereinabove authorized, commencing at a point on Atlantic avenue between Berriman street and Shepard avenue; thence continuing easterly and with a curve to the southward over, through, under or across private property to a point between Berriman street and Montauk avenue and north of Liberty avenue. Also a similar track commencing at a point on the line of the railway herein authorized to be constructed on Atlantic avenue, between Montauk avenue and Atkins avenue; thence continuing westerly, with a curve to the southward, and passing over, through, under or across private property, so as to make a Y, affording a connection between the said railway on Atlantic avenue and the said private property. (c.) Also a curve beginning at the railway herein authorized at a point between South Elliott place and Fort Greene place; thence running northerly and westerly, over, through, under or across private property into the present yard of the Long Island Railroad, east of Flatbush avenue, so as to afford a connection therewith. (d.') The structure of the above curves and the connections hereinabove designated in this route as a, b and c shall not be authorized nor permitted, and the company to be organized by this commision shall have no power or authority to construct any 104 part of either thereof, in the case that the railroad to be constructed on Atlantic avenue with which the same are to connect, shall be determined by this commission to be an elevated railroad, unless and until said company shall first have entered into an agreement with both the Long Island Railroad Company and the Atlantic Avenue Railroad Company by an instrument in writing, duly executed by the officers of both of said companies and attested by their corporate seals, whlich said instrument shall be forthwith duly recorded in the office of the Register of the County of Kings, wherein and whereby the said Long Island Railroad Company and the Atlantic Avenue Railroad Company shall severally covenant and agree with the company authorized to construct the said curves and connections directly and as Trustee for the various owners of the lots abutting on said avenue, that they and each of said companies will, upon the construction by the company, to be formed by this commission, of an elevated road in Atlantic avenue, should this commission determine that the railways in said avenue shall be elevated, have all their and each of their passenger and freight trains passing through Atlantic avenue, pass over such elevated railroad in that avenue and not otherwise; and will further agree that they, and each of them will, after the completion and during the continuance,of the said elevated railroad in Atlantic avenue, cease to operate cars by steam on the surface of said Atlantic avenue within the city limits, and that they, and each of them will, directly after such completion, remove the fences and gates inclosing the present surface railroad upon said avenue and replace the rails now laid thereon witl a rail suitable for street cars. (e.) In case such agreement shall be terminated by either of the parties thereto, or steam cars shall be thereafter operated upon the surface of Atlantic avenue by either said Long Island Railroad Comliany or by the Atlantic Avenue Railroad Company, the right hereby given to maintain such curve and surface connections with the elevated road, or either thereof, shall cease. Resolved, That whenever either of the routes hereinbefore fixed and determined crosses a street, avenue, place or lands, such route includes and is intended to include such crossings and so much of 105 said street, avenue, place, or lands, as is there crossed, so as to allow and enable the construction of continuous and connected lines of railway along the route so crossing. Resolved, That whenever either of the routes hereinbefore fixed and determined is stated to commence or end at the intersection of any street or avenue upon which a route has been, by this commission, fixed and determined, such route shall be deemed to begin or end (as the case may be) at the railway which shall be constructed on such street or avenue at which said route begins or ends and so as to form a connection between the railways projected or constructed and the railways on such intersecting streets including such curves as may be necessary for that purpose. The Board adjourned to the 5th instant at the usual hour ahd place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 106 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March i, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners; also General WINGATE, of Counsel. The reading of the minutes was dispensed with. Upon motion of Commissioner Linton the following resolution was adopted, to wit: Resolved, That the location of the routes designated by this Commission by the resolutions passed March 4, 1890, and of each thereof, shall and does include the right to construct, use and operate in connection therewith the usual and necessary depots, stairways, tracks, sidings, turnouts, curves, switches, platforms, and other appurtenances incidental to the construction and operation of railroads of the description that may be prescribed by this Commission; and to use and occupy the portion of the various streets under or adjacent to said road for the purpose of such stairways and appurtenances. The Board adjourned to the 6th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSIIAW, Secretary. Assistant Secretary. 107 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 6, 1890. The Board: met pursuant to adjournmenxt. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. A committee of property owners from the Twenty-sixth Ward appeared, and Messrs. Pickering, Molloy, Kellow, and Reimer addressed the Board in favor of a depressed road. The Board adjourned to the 7th. instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 108 COMMISSIONERS OF RAPID TIANSIT, GARFIELD BUILDING, BROOKLYN, March 7, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioner WARD. The reading of the minutes was dispensed with. Messrs. Silas Condict and F. A. Reid appeared and spoke in favor of an elevated road. The Board adjourned to the 8th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 109 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BI:OOKLYN, March 8, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and MINOR. The reading of the miinutes was dispensed with. No business coming before the Board, it adjourned to the 10th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. a 110 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 10, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB and MINOR. The reading of the minutes was dispensed with. Messrs. John A. Taylor and Isaac Howland appeared and spoke in favor of a depressed road. The Board adjourned to the 11th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 111 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 11, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners GIBB, LINTON and MINOR; also General WINGATE, of Counsel. The reading of the minutes was dispensed with. Upon motion of Commissioner Gibb, seconded by Commissioner Linton the following resolution was adopted, to wit: Resolved, That the railway on the routes heretofore fixed and determined by this commission by resolution, passed March 4, 1890, shall be a depressed railway or railways, and shall be constructed as follows: A two track railway on Atlantic avenue from a point at or near South Ferry to the city line. A two track railway from a point on Atlantic avenue between Sackman street and Jardine place, and curving southerly to the line of the railroad of the New York, Brooklyn and Manhattan Beach Railroad. A single track railway from a point on Atlantic avenue, between Fifth and Sixth avenues to private property bounded by Sixth and Carlton avenues, Pacific street and Atlantic avenue. A single track railway on Atlantic avenue, between Berriman street and Sheppard avenue. A single track railway on Atlantic avenue, between Montauk and Atkins avenues. A two track railway on Atlantic avenue, from a point on Atlantic avenue between South Elliott and Fort Greene places, thence running northerly and westerly as described in said route marked 3 —c. 112 Resolved, That the engineer of this Board be and hereby is directed to prepare and submit to this Board plans and specifications for the construction of a depressed railway or railways, in accordance with the resolution adopted, upon the routes fixed and determined by this commission on March 4, 1890, and that said plans ind specifications be submitted to this Board on or before March 21, 1890. On motion of Commissioner Minor, the Assistant Secretary was directed to serve Mr. Probasco, Engineer to the Board, with a copy of the resolutions as passed. The Board adjourned to the 12th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 113 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 12, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 13th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 114 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 13, 1890. The Board met pursuant to adjournment. Present —President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 14th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 115 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 14, 1890. The Board met pursuant to adjournment. Presen t-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 15th instant at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 116 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 15, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 17th instant at the usual place, at 9:30 A. M. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 117 CO3MMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BRO(KLYN, March 17, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners; also General WINGATE, of Counsel. The reading of the minutes was dispensed with. The following communication from Mr. Maxwell, Vice-President of the Long Island Railroad Company, was received, read, and ordered placed on file: THE LONG ISLAND RAILROAD COMPANY, 192 Broadway. NEW YORK, March 14, 1890. WILLIAM. T. LANE, Esq., Chairman, Ninth Rapid Transit Commission, Brooklyn, N. Y. SIR.-I am instructed to inform you that the Board of Directors of this Company, at a meeting held this day, specially called for that purpose, had under consideration the proposed plan of the Commission for the construction of a double track depressed road through Atlantic avenue from South Ferry to the City Line, and that the Board finds insurmountable obstacles in the way of adopting and carrying out the plan, which are mainly these: The large amount of money required to construct such a road could not be raised upon the security of the property; the railroad on Atlantic avenue and the franchises pertaining thereto, are the property of the Atlantic Avenue Railroad Company, operated under lease by this Company, and already mortgaged by that Company, and could not be pledged by this Company as security for a loan, but even if it were otherwise, the Board is convinced 1 1-) that the revenue to be drived from tle operlation of;i depressed road would be insuflcient to meet interest char.ges. It has been suggested, with favorable comment by many, tlhat th- wvork might l)e done \ itli the aid of the credit of the city, through an issue of long time bonds, at a low rate of interest, to be paid by the Conmpany oult of ctrning, I but a careful examination of the subject discloses sIch d(oubt of the validity of such an issue of bonds, that it does not furnish a relialle solution of the question. In presenting the subject, I anm asked to call attention to the fact that at the time of the construction of the depressed road to For-I-y-Secon11 s;treet, Lhiouilgh Palrk 1avetnle in New York City, for the use of the New York Central and Iudson River Railroad, the Harlem Railroad, and the New York, New Haven and Ilartford Ra'ilroad, all corporaltions (,f abt)luitiant means, the city contributed one-haif, if not more, of the expense. It is to ie noted!, however, that this action was taken prior to the adoption of the constitutional amendments, which now forbid the loan of the credit of the city, in aid of any private enterprise..Ag(ain, the construction of a depressed road, under the disadvantages which would necessarily prevail, would occulpy\ several years of time, during which the roadway would be in an unfit condition for railroad business, and the public travel and luse of the avenue, would be seriously incommoded, if not altogether interrupted. In the city of London there is the only underground road for rapid transit purposes, of any consequence, in successful operation and this is wholly without competition by either surface or elevated tracks. On the other hand, all the vast systems of roads which centre in that great city, are built upon elevated viaducts, and cross the most important business thoroughfares upon iron or steel bridges. Those who have travelled through the underground roads in London, and also upon our elevated roads in this country, beyond all question prefer the latter. Under the circumstances, therefore, it can scarcely be expected that a depressed road could be made to pay expenses and interest charges, or that our citizens 119 would patronize it where either a surface or elevated road is accessible, having good light and air. It is the fixed opinion of our Board, that tlhe only practicable method of meeting t;le requirements of rapid transit and of removing the steam passenger service from the surface of the street, is the construction of elevated tracks. In'tlis (onneltion it is noticeable that the greatest improvement in real estate used for business purposes in Brooklyn. lias been on Fulton street and Myrtle avenue, where the elevated roads span the entire street, and the cars are mIuch nearer to the houses than would be the case on Atlantic avenue. A similar condition prevails in New York City, especially along Third and Sixth avenues, while property for business purposes has depreciated in value in that city, both along Park avente, where the railroad is depressed, annd along Broadway, where there is no rapid transit system. The Pennsylvania Railroad passes into the very heart of the city of Philadelphllia, by way of an elevated structure, and is about making large expenditures in Jersey City, Elizabeth and other terminal points, and in every instance the elevated system is preferred over the un(derground. Our Board remains of the opinion that the interests of the citizens of Brooklyn anild its suburbs, as well as of the large territory natutrally tributLry to Brooklyn, would be best served by a four track elevated structure, extending from St)uth Ferry to the City Line, but is anxious to meet the wishes, as far as it reasonably can, of adjacent property owners, as well as the requirements of its hundreds of thousands of passengers, and I am, therefore, authorized to propose as a compromise, the erection of a double track, two post elevated structure, witl necessary side tracks, tuft-outs and terminal tracks, from South Ferry to the City Line, through Atlantic avenue, and, upon its completion, the Long Island Railroad Company will withdraw the entire passenger service from the surface tracks. To dispel any fear of the use of the elevated tracks for freight purposes, we are prepared to agree that no freight business shall ever be conducted along Atlantic avenue, 2() except upon the surface tracks, to and from local stations, between Flatbush avenue and the City Line, and then only in the night time, at low rates of speed not to exceed ten miles per hour, and that the existing fences and gates will be removed. If such a Railroad Company be formed by your Commission, thoset who are interested in the Long Island Railroad Company will subscribe for its stock and build the road. I am, Very respectfully, J. R. MAXW ELL, Vice-President. The Board adjourned to the 18th instant at the usual place at 8 o'clock P. M. FRED. A. WARD, CIIA 1 LES BI ADSHAW,U Secretary. Assistant Secretary. I 121 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 18, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners; also (General WINGATE, of Counsel. The reading of the minutes was dispensed with. The communication received from Mr. Maxwell at the last meeting was discussed at length by all the Commissioners and their counsel, and upon motion of Commissioner Ward the following resolution was adopted, to wit: Resolved, that Messrs. Wingate and Cullen, the Counsel to this Commission, he, and they are requested to furnish an opinion at the next meeting of this Board, on the power of the city of Brooklyn to furnish means to construct or to aid in theconstruction of a depressed road in Atlantic avenue, and to acquire right to construct such road, and as to the power of this Board to form a company which shall have the right to construct a depressed road in Atlantic avenue in view of the existing rights of railroad companies in Atlantic avenue. The Board then adjourned to the 20th instant at the usual place at 8 P. M. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. t '. '%(r '~~ ~ ~!.,'***.,:.^ iS 122 COMMISSIONERS OF RAPID TRANSIT, GARFIEI.D BUILDING, BROOKLYN, March 20, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners, with Messrs. WINGATE and CULLEN, of Counsel, in attendance. The reading of the minutes was dispensed with. Several gentlemen, receivers and shippers of freight via the Long Island Railroad, were present, among them Mr. John B. Wilson, of Fort Greene Place at the present depot or said railroad, Thomas Shalvey, of the firm of Garvey and Shalvey, dealers in produce on Hanson Place, G. L. Hascom of Atlantic Beef Company, Isaac Levy, Handler of Chicago dressed beef on Fort Greene Place, Mr. Gillespie, of the twenty-sixth Ward, lumber dealer, Sweeny Brothers, dealers in Brick and Stone, J. C. Creveling and John B. Jewell, of the same place, and W. E. Phillips of 162 Fort Greene Place, dealer in produce, who addressed the Board, expressing apprehension that the removal of freight service from the surface of Atlantic avenue to an elevated road might cause inconvenience to them in the handling of freight and injure their business. The counsel to the Board, delivered to the Board the following opinion as requested at the meeting of the Board held on the 18th instant, and on motion of Mr. Ward the same was ordered placed on file: No. 20 NASSAU STREET,.NEW YORK, Ma.rch 19th, 1890. To TIlE BOARD OF RAPID TRANSIT COMMISSIONERS: GENTLEMEN.-We are in receipt of your request for our opinion 1, as to the power of the city of Brooklyn to furnish means to C 123 construct oi to aid in the construction of a depressed railroad upon Atlantic avenue, 2, as to the power of such city to acquire the right to construct such a road, 3, as to the power of this Commission to form a company which shall have the right to construct such a road, in view of the existing rights in said avenue of other railroad companies; In reply we have the honor to state: First. —The only way the city of Brooklyn could (so far as this commission is concerned) aid in the construction of any railroad on Atlantic avenue would be by subscribing to the stock of the' company which your Commission is authorized to form under the rapid transit act for the purpose of building such a road or by agreeing that it will donate a certain amount of public money to those who may subscribe for the stock. There is no law authorizing either of these things to be done. Neither is their any law in existence authorizing the-city of Brooklyn in any other way to construct or aid in the construction of a railroad in Atlantic avenue or elsewhere, or to devote any of its moneys, securities or credit to that purpose and the city has no power to do so. &Secon-d.-The constitutionality of any law which might be passed to give the city the right to construct or aid in the construction of a railroad is very doubtful. Such a law might be either one authorizing the city to lend its aid or credit to the Company which this Commission might form or to some other corporation, or a law authorizing the city to do the work itself. The first of these is clearly in violation of the provisions (Art. 8, Sec. 11), of the State Constitution, which prohibits any city " from loaning its money, property or credit in aid of any individual, association or corporation," or to become "directly or indirectly the owner of stock in or bonds of any association or corporation," and provides that "no indebtedness shall be incurred except for city purposes.".'.' 124 The validity of a law authorizing the city to build such a road itself, would first turn upon the question of whether or not the expense would increase the debt of the city beyond the constitutional limit. According to the report in the press of the recent discussion before the Assembly Committee, Mayor Chapin's improvement bills were opposed by Messrs. Lewis and Beard, because, as they asserted, there was only a surplus of $226,371.60, over the constitutional limit, while Corporation Counsel Jenks, speaking for the authorities, asserted that such surplus was in fact $9,652,001.91, and, if the debt was calculated in a different manner, $17, 333,082.30. If the cost of the improvement would be $12,0(0,(00() as has been stated to this Commission, its cost could only be lawfully incurred by the the city of Brooklyn in the event that the margin between the aggregate amount of its debt and ten per cent. of its taxable property exceeds that sum, which seems to be doubtful. If it is conceded that this margin exists, the validity of such a law depends upon tle question whether the work would be for a public purpose, i. e., one which would be for the benefit of the whole city and not an attempt to aid a private corporation. We do not see how a law authorizing the city to build a depressed railroad upon ground belonging to another railroad (which cannot afford to do the work itself), and providing that after it is built it shall be leased to the corporation owning the land on which it is built, can be considered to be anything but a loan of the credit of the city to that corporation and not to be a " city purpose " (like the supplying of gas, water or light, 56 Hun, 550), and that any public benefit which may enure to the community from the construction of such a railroad will be merely incidental. Such a law would authorize the perpetuation of the evils which originally caused the enactment of the clause of the constitution in question and is directly within the intent of the enactment, and we think would be void. In discussing this point we would call your attention to the doubts expressed by James C. Carter and other eminent counsel, in regard to the constitutionality of the law authorizing the city of New York to issue bonds in aid of the " World's Fair," C 125 which was an enterprise infinitely more for the public benefit than the depressing of a railroad. As a matter of fact, this question is not material, as no such law is in existence, and the authority of this Commission to fix a plan for a railroad will terminate long before such a law could be passed. Third. -As stated in our former opinion the strip of land in the centre of Atlantic avenue, east of Flatbush, through which a depressed road must necessarily be constructed, is the property of the Atlantic Avenue Railroad Company, is leased to the Long Island Railroad Company and is actually used for railroad pur. poses. Under these circumstances no other railroad company whether organized by this Commission or not, can acquire any interests in such strip or in any way interfere with its use or occupation for railroad purposes, except to cross it, except by the consent of its owners and lessees. This Commission has no power whatever to form a corporation which could build a depressed road on or under this strip of land without such consent. Resp'y yours, WINGATE & CULLEN. The Board then heard Mr. J. Rogers Maxwell, in regard to the intentions of the Long Island Railroad Company, in relation to an elevated road in Atlantic avenue, and discussed the question at length. Mr. Minor offered the following: WHEREAS, This Commission did by resolution passed March 11, 1890, determine that the railroad to be authorized by it 126 through Atlantic avenue should be a depressed road from the ferry to the city line, believing that the interests of the city would be best subserved by such a railroad, as it would forever remove steam from the surface of Atlantic avenue, a consummation ardently desired by many citizens of Brooklyn, and especially by those owing property contiguous to tlat avenue, and, WHEREAS, rhe cost of constructing a railroad of this character would be very heavy, and the officers of the Long Island Railroad Company, have officially informed this Commission that that company is unable to bear that expense, and will not do so, and, WHEREAS, There is no law authorizing the city of Brooklyn to lear any portion of the expense of depressing the tracks in Atlantic avenue, and it is very doubtful whether such a law if passed would be constitutional, and, WHEREAS, No railroad can be constructed on Atlantic avenue without the co-operation of the Long Island and the Atlantic avenue Railroad Companies, and, WHEREAS, This Commission, while still preferring a depressed railroad in Atlantic avenue, have reluctantly come to the conclusion that no such road can be constructed, and are unwilling to terminate their labors without doing something to mitigate the evils under which Atlantic avenue is now suffering, and, WH EREAS, The directors of the Long Island Railroad Company, at a meeting held March 14th, 1890, authorized their vicepresident, Mr. J. R. Maxwell, to inform this Commission that while favoring a four track elevated railroad east of Flatbush avenue, they will construct a double track two post elevated railroad throughout the whole avenue, from the South Ferry to the city line, withdraw the entire passenger travel from the surface tracks, and agree that no freight shall be carried over them except in the night time between midnight at 4 A. M., and at a speed not exceeding six miles per hour and remove the existing gates and 127 fences, and will replace the present tracks with the grooved rail such as is used by horse car companies and, restore the grade of said avenue to the grade established by law, and, WHEREAS, Such an elevated structure would furnish to the citizens of Brooklyn, a system of rapid transit which would afford a connection with other elevated railroads by which the Brooklyn Bridge, Fulton Ferry, South Ferry, South Brooklyn, and other parts of the city could be readily reached. It is therefore, Resolved, That the resolution passed upon March llth, 1890, determining that the railroad on the routes heretofore fixed. and determined by this Commission should be a depressed railway, be and the same is hereby reconsidered, which was seconded and carried by unanimous vote. Mr. Ward offered the following, as a substitute for the resolution in question. Resolted, That the railway or railways on the routes heretofore fixed, and determined by this Commission by the resolutions passed March 4th, 1890, shall be an elevated railway or railways, and shall be constructed as follows: On Route No. 1, viz.: On Atlantic avenue, from a point at or near the South Ferry to the city line, a double track elevated structure supported upon two posts placed in the centre of the roadway with the necessary side tracks and turnouts. 2. A two track elevated railroad upon Route No. 2, namely, from a point on Atlantic avenue, between Sackman street and Jardine Place; thence curving southerly over, through, or across private property to the line of the New York, Brooklyn and Manhattan Beach Railroad. 3. (a.) A single track elevated railroad on Route 3 a, viz.: be 128 ginning at a suitable point on Atlantic avenue near Fifth avenue,. thence easterly and curving southerly over, through, or across private property bounded by Sixth avenue, Carlton avenue, Pacific street and Atlantic avenue. (b.) A similar railroad on Route 3 b, namely, from a point on Atlantic avenue, between Berrimnan street and Sheppard avenue over, through, or across private property to a point between Berriman street and Montauk avenue, north of Liberty avenue. Also a similar railroad from Atlantic avenue, between Montauk avenue and Atkins avenue, over, through, or across private property to the private property aforesaid. (c.) A single or double track elevated railroad on Route 3 c. viz.: from the structure of the elevated road on Atlantic avenue, at a suitable point east of Fort Greene Place, thence running west and north into the yard of the Long Island Railroad Company east of Flatbush avenue, and, Resolved, That the curves above mentioned may be constructed with a diminishing grade so as to connect the elevated road in Atlantic avenue with the surface of the ground, which was seconded and carried. Mr. Ward, moved that the subdivisions d and e of the resolutions passed by this Board on March 4th, 1890, designating the routes adopted by the Commission be, and the same are hereby reconsidered, which was seconded, and carried by a unanimous vote. On motion of Commissioner Minor the following resolution was adopted, viz.: Resolved, That the resolution passed by this Board March 11, 1890, directing the Engineer of this Board to prepare and submit plans and specifications for the construction of a depressed railway or railways be, and the same is, reconsidered, and the said Engineer of this Board is hereby directed to prepare and submit to this 129 Board plans, and specifications for the construction of an elevated railway or railways in accordance with the resolution adopted, upon the route fixed and determined by this Commission,, on March 4th, 1890, and that said plans and specifications be submitted to this Board, on or before March 29th, 1890. Upon motion of Commissioner Minor, the assistant secretary was directed to transmit to Mr. Probasco a copy of the resolutions as passed. After farther discussion the following was adopted upon motion of Mr. Linton; Resolved, That no franchise be granted by this Commission tor an elevated road, which shall not provide for the removal absolutely of all steam railroad traffic from the surface of Atlantic avenue. Mr. Maxwell then suggested as a compromise, that all steam be prohibited on Atlantic avenue west of Manhattan crossing, but that freight (but not passenger cars), be permitted on the surface from the city line to that point. He stated that the Long Island 'Railroad Company would accept this, but he felt confident that it could not, and would not, agree to remove its freight cars in East New York from the surface. On motion of Mr. Ward the Board adjourned to the 22d instant, at the usual place at 9 A. M., to consider this proposition of Mr. Maxwell. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 130 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 22, 1890. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners; also General WINGATE and Mr. BROWER, of Counsel. The minutes of the last meeting were read and approved. Messrs. J. Rogers and Henry W. Maxwell addressed the Board on the subject of steam on Atlantic avenue. Commissioner Linton moved to reconsider the resolution offered by him at the last meeting of the Board in regard to the removal of steam from the surface of Atlantic avenue; the motion was carried. Mr. Linton then offered the following as a substitute for such resolution, viz.: Resolved, That the first paragraph of the resolution passed by this Board March 20, 1890, providing for the construction of an elevated railway, be amended so as to read as follows: On Route No. 1, viz.; on Atlantic avenue, from a point at or near the South Ferry to a suitable point between Essex street and Montauk avenue, where it shall connect by a diminishing grade with the tracks of the Long Island Railroad at or near that point, an elevated structure supported upon two posts placed on each side of the centre of the street, with the necessary side tracks and turnouts. No freight or passenger trains to be run east or west along the surface of Atlantic avenue between Essex street and the South Ferry. The foregoing resolution having been duly seconded, was carried by a unanimous vote. 131 The following was offered by Mr. Ward, duly seconded and carried by unanimbus vote, viz.: Resolved, That the plans to be adopted by this Commission for the structure to be constructed by the company formed by this Commission shall contain the following provisions: The road and connections hereinabove designated shall not be authorized or permitted, and the company to be organized by this Commission shall have no power or authority to construct any part of either thereof, unless and until said company shall first have entered into art agreement with both the Long Island Railroad Company and the Atlantic Avenue Railroad Company by an instrument in writing duly executed by rhe officers of both of said companies and attested by their corporate seals, which said instrument shall be forthwith duly recorded in the office of the Register of the County of Kings, wherein and whereby the said Long Island Railroad Company and the Atlantic Avenue Railroad Company shall severally covenant and agree with the comnpany authorized to construct the said road, curves and connections directly and as Trustee for the various owners of the lots abutting.on said avenue, that they and each of said companies will, upon the construction by the company, to be formed by this Commission, of the elevated road in Atlantic avenue authorized by this Commission, have all their and each of their passenger and freight trains passing east and west through Atlantic avenue between Essex street and the South Ferry pass over such elevated structure and not otherwise; and further agree, that they, and each of them, will, after the completion and during the continuance of the said elevated railroad in Atlantic avenue, cease to operate passenger or freight cars by steam east or west on the surface of said Atlantic avenue between Essex street and the South Ferry, and that they, and each of them, will, directly after such completion, remove the fences and gates inclosing the present surface railroad upon said avenue, and will remove or replace the present tracks with a grooved rail, such as is used by horse-car companies, or by a rail to be approved by the Railroad Commissioners of the State, and restore the grade of said avenue to that established by law. In case such agreement shall be terminated by either of the parties 132 thereto, or steam cars shall be operated east or west upon the surface of Atlantic avenue between Essex street and the South Ferry by said Long Island Railroad Company for the transportation of passengers or freight, the right hereby given to maintain such road, curves and connections shall cease. No freight trains shall be operated on the structure west of Flatbush avenue. Mr. J. Rogers. Maxwell, Vice-President of the Long Island Railroad Company, and Mr. Henry W. Maxwell stated, that for themselves, and on behalf of those interested in the Long Island Railroad Company, they would accept the compromise offered by the Commissioners, and would carry it out in good faith so far as the lease from the Atlantic Avenue Railroad Company would permit, and on that point it was a matter of public notoriety that Mr. Richardson, on behalf of the Atlantic Avenue Railroad Company, had agreed that that company would agree to whatever the Long Island Railroad Company would approve of. That they, and those interested in the Long Island Railroad Company, would subscribe for and take the stock of the company to be formed by this Commission. Mr. Ward offered the following, which was carried by unanimous vote: -Resolved, That this Commission invite the submission of plans for the construction and operation of the rapid transit railways in the city of Brooklyn over, under, through or across the streets and avenues thereof, authorized by this Commission, such plans to be submitted to this Commission at the office of the Nassau Fire Insurance Company, 30 Court street, Garfield Building, in the city of Brooklyn, on or before 9 A. M. on March 29th, 1890. That no plans will receive the attention of this Commission which shall not be submitted prior thereto. Resolved, That this Commission will meet, in accordance with the statute, on the twenty ninth day of March, 1890, at 9 A. M., for purpose of deciding upon a plan or plans for the construction of such railway or railways, with the necessary supports, turnouts, switches, sidings, connections, landing places, stations, buildings, 133 platforms, stairways, elevators, telegraph and signal devices, or other requisite appliances, upon the route or routes and in the locations determined by this Board. Resolved, That a copy of the foregoing resolutions, signed by the Secretary and President, be published in the Brooklyn Eagle, the Brooklyn Citizen, the Standard- Union, and also in the Brooklyn Times and Brooklyn Freie Presse, daily from thle 24th day of March, 1890, to the 28th day of March, 1890, which notice this Commission deems most proper and effective to invite the submission of the plans for the construction of such railways. A communication from the Brooklyn and Brighton Beach Railroad Company, in regard to a station at Franklin avenue, was received, and ordered placed on file to be considered in laying out stations. The Board then adjourned to the 24th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 134 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 24, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board, it adjourned to the 25th instant, at the usual place and hour. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 135. COMMISSIONERS OF RAPID TRINSIT, GARFIELD BUILDING, BROOKLYN, March 25, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board, it adjourned to the 26th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 136 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 26, 1890. The Board met pursuant to adjournment. Present-President LANE and Comprissioners. The reading of the minutes was dispensed with. No business coming before the Board, it adjourned to the 27th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 137 COMMISSIONERS OF RAPID TRANSIr, GARFIELD BUILDING, BROOKLYN, March 27, 1890. The Board met pursuant to adjournment. Present - President LANE and Commissioners MINOR and WARD. The reading of the minutes was dispensed with. Upon motion of Commissioner Minor, the following resolution was adopted, to wit: Resolved, That action by the Engineer of this Board, under the resolution passed March 20, 1890, be for the present deferred. Mr. Bradshaw, Assistant Secretary, was directed to notify Mr. Probasco accordingly. The Board adjourned to the 28th instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary, 138 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, Brooklyn, March 28, 1890 The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 29th instant at the usual place at 9 A. IM. FRED. A. WARD, C1HARLES BRADSIIAW, Secretary.. Assistant Secretary. 139 COMMISSIONEI:S OF RAPID TRANSIT, GARFIELD BUILDING, Brooklyn, March 29, 1889. The Board met pursuant to adjournment. Present-President LANE and all the Commissioners. The reading of the minutes was dispensed with. General Wingate and Mr. Brower, of Counsel were in attendance. Mr. J. R. Maxwell and Mr. Anthony Jones, Civil Engineer were present. Mr. Bradshaw, Assistant Secretary, reported that, he had caused the advertisements for plans directed by the Board to be published as ordered, and produced the following proofs of publication: STATE OF NEW YORK, |ss. County of Kings. THOMAS J. FORD, of the City of Brooklyn, in the County of Kings, being duly sworn, says that he is foreman of the publisher of the Standard- Union, a daily newspaper, printed and published in the City of Brooklyn, County of Kings aforesaid, and that the notice, of which the annexed is a true copy, has been published in said newspaper five days successively, commencing on the 24th day of March, 1890. THOMAS J. FORD. Sworn to, this 29th day of March, 1890, before me. l W. B. TEN EYCK, Commissioner of Deeds, Kings Co. 140 NOTICE is hereby given that the Commissioners of Rapid Transit, at a meeting held at the office of the Nassau Fire Insurance Company, No. 30 Court street, Garfield Building in the City of Brooklyn, on Saturday, March 22, 1890, passed the following resolutions, to wit: Resolved, That this Commission invite the submission of plans for the construction and operation of the Rapid Transit railways in the City of Brooklyn, over, under, through or across the streets and avenues thereof, authorized by this Commission, such plans to be submitted to this Commission at the office of the Nassau Fire Insurance Company, 30 Court street, Garfield Building, in the City of Brooklyn, on or before 9 A. M., on March 29, 1890. That no plans will receive the attention of this Commission which shall not be submitted prior thereto. Resolved, That this Commission will neet, in accordance with the statute, on the twenty-ninth day of March, 1890, at 9 A. M., for the purpose of deciding upon a plan or plans for the construction of such railway or railways, with the necessary supports, turnouts, switches, sidings, connections, landing places,' stations, buildings, platforms, stairways, elevators, telegraph and signal devices, or other requisite appliances upon the route, or routes,' and in the locations determined upon by this Board. Resolved, That a copy of the foregoing resolutions, signed by the Secretary and President, be published in the " Brooklyn Eagle," the "Brooklyn Citizen," the "Brooklyn StandardUnion," and also the "Brooklyn Times," and "Brooklyn Freie Presse," daily from the 24th day of March, 1890, to the 28th day of March, 1890, which notice this Commission deems proper and effective to invite the submission of the plans for the construction of such railways. *WILLIAM T. LANE, President. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant. 141 STATE OF NEW YORK, ) County of Kings, ss.: City of Brooklyn. HULBERT PAYNE, of the City of Brooklyn, in the County of Kings, being duly sworn, saith that he is foreman in the office of the Brooklyn Cilizen, a daily newspaper published in the City of Brooklyn, in the County of Kings aforesaid, and that the Notice of which the annexed is a true copy, has been published in said newspaper for 5 days successively, commencing on the 24th day of March, 1890. HULBERT PAYNE. Sworn and subscribed to, this 29th day of March, 1890, before me, ( J. E. CLARK, Commissioner of Deeds, City of Brooklyn. NOTICE is given that the Commissioners of Rapid Transit, at a meeting ield at the Nassau Fire Insurance Company's office, No. 3( Court street, Garfield Building, in the City of Brooklyn, on Saturday, March 22, 1890,' passed the following resolutions, to wit: Resolved, That this Commission invite the submission of plans for the construction and operation of the rapid transit railways in the City of Brooklyn, over, under, through or across the streets and avenues thereof, authorized by this Commission; such plans to be submitted to this Commission, at the office of the Nassau Fire Insurance Company, 30 Court street, Garfield Building, in the City of Brooklyn, on or before 9 A. M. on March 29th, 1890. That no plans will receive the attention of this Commission which shall not be submitted prior thereto. Resolved, That this Commission will meet, in accordance with the statute, on the twenty-ninth cay of March, 1890, at 9 A. M., for the purpose of deciding upon a plan or plans for the construction of such railway or railways, with the necessary supports, turn 142 outs, switches, sidings, connections, landing places, stations, buildings, platforms, stairways, elevators, telegraph and signal devices or other requisite appliances, upon the route or routes and in the localities determined upon by this Board. Resolved, That a copy of the foregoing resolutions, signed by the Secretary and President, be published in the Brooklyn Eagle, the Brooklyn Citizen, the Brooklyn Standard- Union, and also in the Brooklyn Times, and Brooklyn Freie Presse, daily, front the 24th day of March, 1890, to the 28th day of March, 1890, which notice this Commission deems most proper and effective, to invite the submission of the plans for the construction of such railways. WILLIAM T. LANE, President, FRED. A. WARD, Secretary, CHARLES BRADSHAW, Assistant. CITY OF BROOKLYN, County of Kings, > ss.: State of New York, W. H. HELMLE, of the city of Brooklyn, being duly sworn, says, that he is a foreman of B. Peters & Co., the publishers of the Brooklyn Daily Times, a daily newspaper published in the city of Brooklyn, and that the notice, of which the annexed is a printed copy, was regularly published in said Brooklyn Daily Times five days commencing on the 24th day of March, 1890. WM. H. HELMLE. Sworn to before me, this 29th l day of March, 1890. A. C. WATERMAN, Commissioner of Deeds. 143 NOTIcE is given that the Commissioners of Rapid Transit, at a meeting held at the Nassau Fire Insurance Company, No. 30 Court street, Garfield Building, in the city of Brooklyn, on Saturday, March 22, 1890, passed the following resolutions, to wit: Resolved, That this Commission invite the submission of plans for the construction and operation of the rapid transit railways in the City of Brooklyn over, under, through or across the streets and avenues thereof, authorized by this Commission, such plans to be submitted to this Commission at the office of the Nassau Fire Insurance Company, 30 Court street, Garfield Building, in the City of Brooklyn, (on or before 9 A. M. on March 29, 189t0; that no plans will receive the attention of this Commission which shall not be submitted prior thereto. Ilesol/ed, That this Commission will meet, in accordance with the statute, on the twenty-ninth day of March, 1890. at 9 A. M., for the purpose of deciding upon a plan or plans for the construction of such railway or railways, with the necessary supports, turnouts, switches, sidings, connections, landing places, stations, buildings, platforms, stairways, elevators, telegraph and signal devices, or other requisite appliances, upon the route or routes, and in the locations determined upon by this Board. Resolved, That a copy of the foregoing resolutions, signed by the Secretary and President, be published in the " Brooklyn Eagle," the "Brooklyn Citizen," the "Brooklyn Standard. Union," and also in the "( Brooklyn Timnes" and " Brooklyn Freie Presse," daily from the 24th day of March,, 1890, to the 28th day of March, 1890, which notice this Commission deems most proper and effective to invite the submission of the plans for the construction of such railways. WILLIAM T. LANE, President. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant. 144 STATE OF NEW YORK,) County of Kings, ss.: City of Brooklyn, ) WM. H. SUTTON, of the City of Brooklyn, in the County of Kings, being duly sworn, says that he is foreman of the publisher of The Brooklyn Daily Eagle, a daily newspaper published in the City of Brooklyn, in the County of Kings aforesaid, and that the notice, of which the annexed is a true copy, has been published in said newspaper for five days successively, commencing on the twenty-fourth day of March, 1890. W. H. SUTTON. Sworn and subscribed to this 29th day of March, 1890, before me, JACOB G. CARPENTER, Notary Public, Kings County. NOTICE is given that the Commissioners of Rapid Transit, at a meeting held at the office of the Nassau Fire Insurance Company, No. 30 Court street, Garfield Building, in the City of Brooklyn, on Saturday, March 22, 1890, passed the following resolutions, to wit: Resolved, That this Commission invite the submission of plans for the construction and operation of the rapid transit railways in the City of Brooklyn, over, under, through or across the streets and avenues thereof, authorized by this Commission; such plans to be submitted to this Commission, at the office of thile Nassau Fire Insurance Company, 30 Court street, Garfield Building, in the city of Brooklyn, on or before 9 A. M., on March 29, 1890. That no plans will receive the attention of this Commission which shall not be submitted prior thereto. Resolved, That this Commission will meet, in accordance with the statute, on the twenty-ninth day of March, 1890, at 9 A. M., for the purpose of deciding upon a plan or plans for the construc 145 tion of such railway or railways, with the necessary supports, turnouts, switches, sidings, connections, landing places, stations, buildings, platforms, stairways, elevators, telegraph and signal devices or other requisite appliances upon the route or routes and in the locations determined upon by this Board. Resolved, That a copy of the foregoing resolutions, signed by the Secretary and President, be published in the Brooklyn Eagle, the Brooklyn Citizen, the Brooklyn Standard- Union, and also in the Brooklyn Times and Brooklyn Freie Presse, daily from the 24th day of March, 1890, to the 28th day of March, 1890, which notice this Commission deems most proper and effective to invite the submission of the plans for the construction of such railways. WILLIAM T. LANE, President. FRED. A. WARD, Secretary. CHARLES BRADSHAW, Assistant. STATE OF NEW YORK,. City of Brooklyn, ) Louis A. ZILZ, of the city of Brooklyn, in the County of Kings, being duly sworn, says, that he is a foreman in the office of " The Brooklyn Freie Presse und Brooklyner Zeitung," a daily newspaper published in the City of Brooklyn, in the County of Kings aforesaid, and that the notice, of which the annexed is a true copy, has been published in said paper for (5) five days successively, commencing on the 24th day of March, 1890. Louis A. ZILZ. Sworn and subscribed to this 1st day of April, 1890, before me, ERNST SCHALLEHN, Commissioner of Deeds. 146 Es wird hiermit bekannt gemacht, dass die Commissiire fur Ejiverkelir in einer Versammiung, abgehalten in der Office der Nassau, Fire Insurance, Nr. 30 Court Str., Garlield Gebhiude in der Stadt Brooklyn, am Samsrag, den 22. Mmir, 1890, die folgenden Beschlihisse passirten, nhimlich: -Be-scidossen, dass die Commission zar lUnterbreitung von PM~nen fur den Bau und die Betriebsetzung der Eilverkelirs-Eisenbahnen in der Stadt Brooklyn einladet, fiber, unter, durch oder die Strassen davon kreuzend, ermhchtigt durch diese Commission; soiclie P1hne sollen dieser Commission iibermittelt werd.en in der Office der Nassau Fire Insurance Company,:30 Court Str., Garfield Gebiiude in der Stadt Brooklyn, am oder vor dem. 29. Miirz 1890, vor 9 Uhr Morgens. Pass keine. Pliine von dieser Commission beachtet werden, die nicht vor diesem Tage iibermittelt werden. Beschlossen, dass diese Commission sich in Gemhssheit mit den Statuten versammein. wird am neunundzwanzigsten Tage im. Miirz 1890, urn 9 Uhr Morgens, zum. Zweck der Eutscheidung fiber einen Plan odi~r Pliine znm Bau einer Eisenbalin oder Elsenbahnen mit den n6thigen Stiitzen, Ausweichepliitzen, Weichen, Seitengeleise-n, Verhindungen, Landungspliitzen, Stationen, Gebjiuden, Platformen, Treppen, Elevators, Telegraphen- und Signal-Abtheilungen oder anderen nathigen lliilsmitteln auf der Route oder den iRouten u-nd in den von diesem. Rathe unterbreiteten Gegenden. Beschlossen: Pass eine Kopie der vorhergehenden Re'soltationen, von dem. Sekretiir und Priisident unterzeichnet, in dem. tBrooklyn Eagle, " dem.i,,Brooklyn Citizen,"I,,Standard Union,"I und auch in der,,Brooklyn Times " und,,Freie P iesse, " th~glichi vom. 24. Miirz 1890 bis zuilu 28. Miirz 1890 ver~ffentlicht werden, welche Notiz diese Commission fMr passend und wirksam. hilt, urn die Unterbreitung der P~hne fMr den Bau solcier Eisenbahnen. zu bezwecken. WILLIAm T. LANE, Priisident. FRED. A. WARD, Sekretiir. CHARL-Es BRADSHAW, Assistant. 147 Mr. Jones Engineer for Mr. Maxwell, presented a form of specifications and diagrams for the construction of an elevated rail. road. Mr. Lane reported that a pamphlet of the Riley ElevatedRailway System had been filed with him, which he presented. Upon motion of Conmiissioner Minor, the plans and specifications presented by Mr. Jones were referred to Mr. Probasco, the engineer of the Board, for examination. Tile Board adjourned to the 31st instant, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 148 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, March 31, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. No business coming before the Board it adjourned to the 1st of April, 1890, at the usual hour and place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 149 * ORMISM0IONERS OF RAPID TRANSIT, QrARF-KLD BUILDING, BROOLLYN, April 1, 1890. Trhe Board met pursuant to adjournment. Present-President Lmiyx and Commissioners. Trhe reading of the minutes was dispensed with. No business coming before t1~e Board it adjourned to the 2d in - stant at the usual hour and place. FRED. A. WARD, CIJAULES BRADSHAW, Secretary. Assistant Secretary. 150 COMMISSIONERS OF RAPID TRANSIT, GARFIELD BUILDING, BROOKLYN, April 2, 1890. The Board met pursuant to adjournment. Present-President LANE and Commissioners. The reading of the minutes was dispensed with. The Board adjourned to 8 P.M., this day at the usual place. FRED. A. WARD, CHARLES BRADSHAW, Secretary. Assistant Secretary. 151 COMMISSIONERS OF RAPID TRANSIT, CITY OF BROOKLYN, GARFIELD BUILDING, 26 Court Street, APRIL 2, 1890. The Commission met at 8 P. M. Present-President LANE, and all the Commissioners. Present-Also GEN. WINGATE and MR. BROWER, the Counsel, and MR. PROBASCO, the Engineer. Mr. Probasco reported that he had examined and revised the plans presented to the Commission by Mr. Jones, and had made such alterations and additions to them as seemed to him to be necessary, and he now reported them, as so altered, for the action of the Commission. Mr. Minor moved that the report of the Engineer be received, and the plans as reported by him be taken up for consideration, which was seconded and carried. The plans were then read and discussed section by section. The plans having been read entirely through and discussed in detail, Commissioner Gibb then offered the following: SPECIFICATIONS FOR ELEVATED RAILWAYS IN BROOKLYN ANt NEW, U T XM,. Resolved, That this Board of Commissioners, having by public notice invited a submission of plans for the construction or operation of the railway or railways heretofore located by them, and having examined the plans submitted to them, in pursuance 152 of such advertisement, and duly considered the same, do hereby, in pursuance of the statute, decide upon the plan or plans for the construction of such railway or railways, their necessary supports, turnouts, switches, sidings, connections, stations, buildings, platforms, telegraph and signal devices and other requisite appliances upon the route or routes or in the locations, determined by them as far as in their judgment it is practicable for them to prescribe the details of such plans at the present time, as follows: GENERAL PLAN. 1. The general plan of the structure to be constructed on Atlantic avenue shall be that of a double track elevated railway of standard gauge, supported upon two rows of columns placed in the roadway, the tracks to be carried upon longitudinal girders placed on, or built in between, transverse girders resting on the columns with such turnouts, side tracks, switches, stations and terminal facilities as may be necessary for the proper management thereof. Such rows of columns shall be in general parallel with the axis of said avenue or street, and not more than twenty-seven (27) feet apart from centre to centre. The centre line of this portion of the structure east of Fourth avenue, may be placed southerly of the axis of said avenue or street, so that the foundation for the northerly row of said columns may avoid the large water main Oil that side of the avenue or street; but the centre line of the southerly row of columns shall not be placed more than sixteen (16) feet southerly of said axis of Atlantic avenue or street. In case such water main shall be renoved before the construction is begun, the centre of the structureshall be placed over the centre of the avenue. The elevation of the structure on Atlantic avenue shall b; gradually reduced, beginning at a suitable point west of EFsem. street, and thence extending easterly at a suitable 4es.oe.4di1ng; 153 grade not exceeding four per cent. until the sirface of the ground is reached at the tracks of the present Long Island Railroad, between Essex street and Montauk avenue, and thence continuing over said tracks, as a surface railroad easterly to the city line. 2. The structure upon route 2, shall be generally similar to that in Atlantic avenue. It will leave the structure in Atlantic avenue on the southerly side thereof at a point between Sackman street and Jardine place, and thence run easterly until a suitable elevation is reached'and then curve southerly with a gradually diminishing grade not to exceed four per cent. reaching the surface grade at a'point north of the eastern Parkway and there connecting with the tracks of the New York, Brooklyn and Manhattan Beach Railroad at or near that point. From the place where it leaves the tracks in Atlantic avenue, until it passes the curb-line it is to be supported by transverse girders, one end of each of which will rest upon a column of the main structure and the other upon a column placed upon the the curb-line, authority being given to erect such other columns as may be required to properly construct the curve in question. Beyond the curb-line it may be constructed upon a line or lines of single columns or upon transverse girders supported by a column at each end thereof. 3. The structure on route 3a, shall consist of a single track elevated railroad of similar gauge. This track shall leave the tracks upon the main structure at a suitable point on the southerly side thereof between Fifth and Sixth avenues, and shall thence run easterly and curve southerly with a gradually diminishing height at a grade not to exceed four per cent. until the surface of the ground is reached in private property bounded by Sixth avenue, Carlton avenue, Pacific street and Atlantic avenue. This track shall, after it leaves the main structure, rest upon two longitudinal girders which shall be supported upon transverse girders, one end of tile latter shall be supported by the southerly ~~~...... 154 columns of the main structure in Atlantic avenue and the other by a row of columns placed on the southerly curb-line of Atlantic avenue. Where the track curves to the south and crosses the roadway and sidewalk such track may be carried upon single columns or upon transverse girders resting on columns placed on the sidewalk as may be found to be necessary to properly construct such curve. Columns for such purpose may also he placed at such places on the sidewalks of Sixth avenue within fifty feet south of the building line of Atlantic avenue as may be necessary to construct this connection. 4. The railroad described in route 3b, shall be single track surface railroads, running from the present tracks of the Long Island Railroad Company in Atlantic avenue into private property bounded by Berriman street, Montauk avenue, Liberty and Atlantic avenues, with the necessary curves and switches. 5. The structure upon route 3c, shall consist of a single or double track elevated railroad of standard gauge. This shall leave the northerly side of the main structure at a suitable point on Atlantic avenue between South Elliot place and Fort Greene place, and shall thence run westerly and curve northerly with a gradually diminishing height and a grade not exceeding four per cent. until it reaches a suitable level ill the yard of the Long Island Railroad Company east of Flatbush avenue. This track shall be generally constructed as hereinabove pro vided in the preceding paragraph numbered three. 6. In case a traffic arrangement may be made by the Company authorized to construct the roads located by this Commission with the Union or Brooklyn Elevated Railroad Companies,' or either thereof, a connection nay be made between the tracks of the Union Elevated Railroad in Flatbush avenue and the track or tracks mentioned on the foregoing paragraph by extending said IMFI ~ ---_. --- —--— ~ ~~~~~~ ~ J/'O - - _ - - -(. - - - A W - —. ~ —'- - - -,l- * - -. -.-. * - - -^ t ^*- -- - -. - /a '.: —.I —p _ /', ' -- -.- - - -- --- -- '$..~l'.. — -.. ' — 1 - -7 I oi,J| / -rea ferm.! I I I 1 - i A i A - II 'I', Ir:~~ I w'Q k C /~'' f- ' f O^wr^ 'Yoctorn, wzzpa rhnrtracME YSttionr llcaUeorlm cfctzc~trt uvefe ~yc-e xytxvelanf Inc '^ -^^S 4-^^ 49 -00' I --- 27-0" - 44*.0" "It k gmr, k, P - 23.- to ~.9.' _ __ _ F C0 ezw^~e PiZ"c.r of t —O -truzre I-ciwt of -FLcciTttbu j-A-erw-z IrS. L.., Ol. I I. 1.. \~o l\* I.. J.? -..I L --- —-- Oe",4