Parallel Railroads.

New York, 1895

The State Railroad Commissioners made a decision a year or so ago against the building of parallel steam railroads, and the Supreme Court has affirmed the action of the commissioners. Since the decision was made the law as to parallel railroads has been amended by the Legislature so as to include horse-car and trolley lines of railroad, and both the commissioners' decision and the amended law are of peculiar interest to the people of Queens county because they bear directly on the construction of two electric railroads, both of which will parallel the Long Island railroad. No railroad of any kind can be constructed until the consent of the State Railroad Commissioners has been obtained, and refusal of consent, as in the case now at bar, knocks the whole thing into a "cocked hat."

The Long Island Electric Railroad Company has obtained franchises for a railroad through the towns of Jamaica and Hempstead, and is said to have made contracts for construction, and even to have built a small section of roadway. Nevertheless, the fact seems to be that the company is disjointed in two important particulars: First, the consent of the Railroad Commissioners has not been obtained for the construction of the road; second, the consent of the Railroad Commissioners has not been obtained as to the motive power to be used. The obtaining of these consents was not necessary prior to the petition for franchises, but the consents must be obtained before construction begins to make the status of the company legal and give a color of value to its stocks and bonds. When the company sees fit to apply for the commissioners' consent for the building of the railroad it may encounter no opposition whatever, but, on the other hand, suppose the Long Island railroad company should set up an opposition on the ground that it is a parallel railroad forbidden by the statue, and suppose the commissioners should decide that the trolley railroad is not necessary and refuse consent to its construction, then the company and its stockholders would be left in a sorry plight, but the blame would be their own for not having complied with the strict letter of the law.

The Long Island railroad company may reasonably be expected to make the opposition outlined above, perhaps not so much to cripple the Long Island electric railroad company as to establish a precedent that will operate against a certain other electric railroad enterprise. The following authentic letter from the Secretary of the State Railroad Commission bears directly on the questions we have been discussing:

ALBANY, June 10, 1895.

The Long Island Farmer, Jamaica, N. Y.

DEAR SIR — Your letter of June 7 received. Before building an electric railroad, the company proposing to build must apply to this board for approval of the use of electricity as a motive power under section 100 of the railroad law. This board has not granted approval of the use of electricity to the Long Island electric railroad company, neither has application been made to it by such company.

Very truly yours, C. R. DEFREESE, Secretary.

—The Long Island Farmer, Jamaica, NY, June 21, 1895, p. 4.