Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-03-24


take any land west of Southbrdge street and appro-
| pirate the same for depot and station purposes.
Sect. 9. The worcester and Nashua railroad com,
pany is hereby authorized and required within said
two years to remove all its railroad tracks from the
old common and from all streets between Urton
street and the junction depot in said city, and to
discontinue all the present locations of its railroad
between said Union street and said junction depot.
Sect A. The Boston and Albany railroad company
is hereby authorized and required within eald two
years to remove all its railroad tracks and to disoon'
tinue the present location of its railroad between
the east line of Shrewsbury street and the Foster
street station in said city.
Sect g. The Norwich and Worcester railroad
company is hereby authorized to extend its road
from said Junction depot to any point in said city
east of Grafton street and southery of and adjon-
ing the tracks of the Boston and Albany railroad,
and, if necessary, over any portion Of the present
location of the Providence and Worcester railroad
company and to cross the tracks of the Boston and
Albany railroad company at grade at such points
east of said Grafton street as may be agreed upon
by the parties or in case of disagreement between
| them as the railroad commissioners may deter
| mine,
Sect 6. The Providence and Worcester railroad
| company Is hereby authorized to extend its road
from the present terminus of its railroad in Wor.
| cester to point in said city east of said
Grafton street and along the southery line of the
location of the Norwich and Worcester railroad,
TO be located as aforesaid and to cross the tracks Of
the Boston and Albany railroad company, at grade
at such points east of said Grafton street may be
agreed upon by the partes and in case of disagree
ment between Them as the railroad commissioners
may determine, And for the purposes of this act
may enlarge its present location between said
junction depot and its present terminus in said
CITY, by taking land on the southerly side thereof
not exceeding two rods in width. and is hereby
authorized and required to discontinue all the press
ent location of its railroad, between said Foster
street station and said Junction depot within said
two years.
Sect Z. The said several railroad companies are
hereby seVerally authorized to purchase or other
wise take such lands in said city as shall be neces.
sary for any and all the purposes aforesaid and for
such additional tracks as said arrangements shall
render desirable. And said corporations shall re-
spectively file locations of all changes made by
them in their respective roads herein authorized
within two years from the passage of this aet pro-
v1ded, however that all land 50 taken purchased
from taxation.
Sect. S. The said respective railroad companies
are hereby authorized to sell and convey in fec
simple all lands occupied by locations stations, de.
pots, or tracks, discontinued under authority of
this act in all cases where the fee Is now owned by
any of said corporations, and not otherwise.
Sect. y. For the purposes aforesaid the said CONF
panies, respectively, are authorized to make any
changes in the grade and construction of their rail-
roads, and with the consent of the mayor and alder
men of said city to raise lower alter the of
or otherwise change, any streets or highways in
Sect 10. The alterations and improvements re-
CURED by this act shall be constructed by said
poratiOns soon practicable, and shall be com.
pleted within two years from the passage of this
act The supreme judicial court, or any justice
thereof, in term time or vacation, SHALL upon the
application OF the mayor and aldermen of said city,
or Of any five inhabitants thereof have jurisdiction
in equity to enjoin any of said corporations from
crossing any of the streets in said city, their oea
ton over which is by this act ordered to be discon
tinued after the expiration of said two years. but
this remedy shall not prejudice any other remedies
provided by law for any violations Of the provisions
Sect. II. Nothing in this act shall be construed
to authorize or require the discontinuance of said
junction depot, or the passenger station of the
worcester and Nashua railroad at Lincoln square in
said city
Sect Il. Said corporations may adopt rules, regu-
lating the by said several companies Of the cross
ings of the Boston and Albany railroad tracks at
grade, authorized by this act, and may appoint a
joint superintendent, who shall have the care and
direction of said crossings and said superintendent
shall not except by consent of all of said companies
be in the separate employ of either of them, and
said superintendent shall be employed, and said
crossings shall be maintained and kept in repair, at
the Joint expense of said several railroad cOmpa-
MES; and in case said corporations cannot agree
upon such regulations, upon the appointment of
such superintendent, or upon the proportion to be
paid by each ofthe expense to be incurred in the
ployment ofsaid superintendent. OF in themaintain-
ing or keeping in repair said crossings then all said
matters shall be determined and such superintend-
ent be appointed by the railroad commissioners,
upon the application of any of said companies.
sect. IL. All expenses Incurred by said several
railroad corporations, in making all the changes al
terations and improvements herein before authorized
or directed, except the construction of said union
passenger depot shall be paid by all said corpora
tions, in such manner and in such proportions as
the railroad commissioners, upon the application of
any of said corporations shall adiudge and deter
mine TO be just and equitable unless said corpora
tons shall agree upon the proportion to be paid by
each.
Sect. IA. The county commissioners for the coun-
ty of Worcester shall have authority upon the ap-
pllcaton of the mayor and aldermen of said CITY or
fany OF said railroad companies after due notice
and hearing of the parties interested to order any
bridges to be constructed under said railroads. at
th9 railroad crossings, at Grafton street, Green
street and Franklin street, in said city, and any
chnges or alterations to be made in the grades of
said streets railroads at said crossings which
they shall determine the convenience and safety
the public may require; and all land damages
thereby OccaslOQed, and all the
terattons and constructions shall be paid by said
railroad corporations or by said railroad corpora
portions as said commissioners shall determine
unless said parties shall agree upon the proportion
to be paid by each; and the proceedings in the as
sessment of land damages occasoned by said atera-
tons, and in the enforcement of any orders made
by such commissioners as herein authorized, shall
be the same shall be provided by law in
the case of the laying out and construction of high
ways
Sect. 10 The Boston, Hartford and Erie railroad
company by virtue of its lease of the Norwich and
Worceste railroad, shall have the rights and
privileges with respect to the new locations and de-
pot accommodations provided for in this act which
it now has by virtue of said lease in the locations
and depot accommodations hereby discontinued,
Sect. Is. This act shall take effect upon its pas.
sage
The city solicitor also offered the following
additional provisions to be inserted in the bill:
But said corporations shall not locate or construct
any railroad tracks across said Front street. nor
across any public streets in said city not cross
ed by said railroads, nor cross said Grafton street.
Franklin street, or Green street. except at the points
| where the same now crossed by the tracks of
the Boston and Albany railroad.
No railroad corporation, after the expiration of
said two years shall use any portion of its tracks
included within the limits of said Grafton street.
Franklin street, or Green street, so long as said
streets are crossed by said railroads. at grade for the
purpose OF making up arranging or distributing its
trains or cars.
In the exercise of the powers granted by this act
sald corporations, and any person or corporation
VINO shall sustain any damage in their property,
shall have all the rights privileges and remedies
and be subject to all the duties, liabilities and
srictions, which now are may be provided by the
general laws OF this commonwealth in the like
Hon. ID. Waldo Lincoln, vice-president of the
Boston and Albany railroad, was the first wit
ness called by Mr.. Nelson. He said that he
had always considered the proposition before
the committee in three respects; first in its
effect on the city of Worcester; second, in its
erect on the travelling public; and third, its
erect on 1.-THE railroads, and their manner of
tranSacting business. 1t seemed TO him that
the remonstrants had greatly magnifed the i'm
portance OF the Foster street station as regards
the railroad travel. They stated that nineteen.
twentleths OF the people used that station, but
instead of that number, or about 94-100 there
were only about 54-100 per cent of people who
were accommodated by the Foster street de-
pot. From figures obtained from the station
agent it appeared that during the past wear the
Boston and Albany railroad company sold
10000 tickets at the Foster street station
for points east of Worcester. Of this num-
Der 10000 were package tickets which were
good either way, and also 5000 tickets had been
sold for regatta two miles below Worcester,
which would actually make the number of tick
cts sold Tor points east of Worcester go 00O
Package tickets were MT sold at the lower sta
ton, and many people bought them at the Fos-
ter street station, to use at the lower station.
At Washington square 26,7OO tickets were sold
for points east Of Worcester, and at the juno
non l6OO, so that last year % per cent, of
tickets sold for Boston and points east
of Worcester were at the lower station.
The Norwich and Worcester company within
the same time sold 1900 tickets at Foster street
station, and the Worcester and Nashua 81 200,
but several thousand of the latter were for pas
sengers going to camp meeting, which was SINH
lar to the tickets sold by the Boston and ALBANY
company for regattas. The aggregate number
Of tickets sold at the Foster street station was
$4,000; at Washington square, 26 ZOO going
east, and $1,000 going west. The Providence
and Worcester railroad company sold 81 900
tickets in addition to those sold on special
trains, which were estimated at about 5000 At
Lincoln square, 10000 tickets were sold bv the