Morning journal and courier., 1893-04-12

THE Law AND THE ROADS.
The New Law as Drafted Concerning
the Electric Notwithstanding of
Charters for MISREPRESENTATION ems and
Powers as Defined by the Proposed
New Statute-The Committees He.
port Unanimous.
As the result Of their protracted labors
and by unanimous agreement the commit
tee on cities and boroughs yesterday re-
ported to the senate the proposed law to
govern the issuance of charters to electric
roads. The report Is tabled for printing.
The striking features Of this important
law are that the cities and towns shall have
wide jurisdiction over the plan of construc-
ton, equipment, etc; that no electric road
shall parallel steam road until the rail
road commissioners shall have a hearing |
thereon If there is protest; that only linn
tied baggage such as a passenger can carry |
will be allowed on the cars of the of an
electric road; that the roads receiving char
ters must begin operations in a reasonable |
time; that charter shall stand forfeited If
the road lie not completed at a certain date;
that returns of the business road shall
be made to the state, and last, but
not least, there ia provision regarding
the amount of bonds each road can issue.
There is section. too, providing for dam
age TO property and persons, and also for
an appeal from the decision of the railroad
commissioners,
The new law Is entitled "an act concern
Ing street railways" and to stop off with
If adopted repeal sections 1886, 1896,
1857 and 1906 of the general statutes.
Section requires that any new street rail-
way company wants to build a road, or q
company already started wants to extend
Its road or change it's motive power 1t shall
tell the local authorities all about what
they propose to do by means of plan and
specifications of the same in order that
there may be public hearing, If wanted,
on the subject with reference to ordering
any changes that may be deemed impera-
tive for the good of the public. The local
| authorities are to notify the railroad COM
pany of the action in the case within sixty
| days after the railroad company has pre-
| scented its plans.
Section gives to the local authorities
| exclusive direction and control within
their respectives jurisdictions of the
way the poles, wires, track structure,
etc, of the railroad shall be built or laid
IN the streets and highways, including
changes In grade or removals.
| "For the purposes of any public i'm
provement and including the power of
designating the kind, quality and finish
thereof. may make ali orders necessary to
the exercise of such power of direction
AID control, which orders shall be in writ
ing and recorded in the minutes and rec
ords of their respective communities
Every such railway company shall, at its
own expense. comply with and carry out
such orders forthwith and, in case Of its
failure SO to do, such towns, city or Dor
ough may carry out said orders and recov-
| er the expense thereof from such company
| by legal powers"
| provided, however, that the wrought
part of any street or highway made suita.
Bile for travel shall nowhere be of a width
less than eight. feet on eacA side of the
street railway tracks, measuring from the
outer rails where the said tracks are lcoat.
ed in the center of the street or highway,
and not less than twelve feet in width
measuring from the rail nearest the
wrought part of the highway where said
] street railway track or tracks are located
on the side of the street or highway"
The law provides further that the rail
/ road companies shall not needlessly bs
obliged to change the location of thei,
! tracks, and provides that the railroad
companies shall work harmoniously when
ever any needed change of grade is ordered
by the local authorities.
The next section limits the time in which
the companies shall have power to build
roads to q reasonable limit; for instance,
4 .h l.
1898, must have it's road built before tn,
close of the regular session of the genera
assembly of 1895.
The next session provides that railroad
| companies, after building their roads, shall
| operate them, and begin to do 80 within
reasonable time. If they don't, the loca
authorities may spur up the erring com
pany by written notice telling them to be
gin business within thirty days from tn
no attention and fails to comply, the com
pany's right to operate the road ceases; bu
if the company fails to remove its tracks
etc. the local authorities can have the sam
removed at the company's expense.
The next section aaya:
1t shall be the duty of every street railway :
keep so much Of the street or highway as is il
/ cluded within its tracks and space of two fee
on the outer side of the outer raila thereof in re
pair to the satisfaction of the authorities of tn
I
maintain such street highway. and if sue
| authority shall order said street railway CON
pavement for that part of the street or hishwa
which may need repair than is used by the town
street or highway, an appeal may ms'A
taken from such order to the supsrio
kind Of @ or Gre tbs
l permitting the original location and layout o
such railway on such street highway. tn
SETON further provides for the carving out o
| the orders By the local authorities il the rat
roads fail to respond properly.
l port merchandise or baggage other than auc
small packages or bundles as are carried by 1t
passengers, but the railroad commissioners ma
authorize any transportation Of merchandis
l under such regulations they shall prescribe i
the order authorizing such transportation wit
. power to change and modify such regulations.
after be built, constructed or extended from an
SO any to
, | steam road, nor shall any street railway here
one town to any point in any other town il tn Ii
3 location and construction of such street railwa
l Will substantially operate as parallel to an
steam railroad from such town to such othe
. town, until the company desiring to build COZ
| struct or extend such railway shall have apple
to the railroad commissioners and shall have OK
| quired and provided, finding that public necef
| sity and convenience requires the construction O
TO or
any such railway shall make an az
/
| finding that pub ic necessity and convenienc
requires the Construction of such railway, an
| the commissioners shall thereupon fix tia1e an
| place to hear said application, and shall caus
notice to be served upon any steam railroad CON
pany or companies that may be affected BY tn
= construction of such road, and to the selectme
. | OF any town, the wardens and bursesses of an,
. | borough, or the mayor of any city within who's
1 | limits such railway may be built The board O
l | railroad commissioners shall have power to hea
1 | the parties and determine the question whethe
| | public necessity convenience requires the cor
struction Of such street railway, and the decision
II | Of tho board of railroad commissioners shall b
final and conc lusive upon the parties, unless a
| | appeal is taken in the manner herein provided
/ | The board OF railroad commissioners upon sucl
| hearing may make an order or finding OF publ
| neces sity and convenience for the constructio,
i | OF such street railway for a part of the dstanc
/ | applied for. II they shall f1od public necessit
i | and convenience for the construction of a par
i | only of such street railway, an appeal may b
| | taken from any determination of the board O
i | rail Dad commissioners under the provisions @
| this section to the superior court in the name
| provided by section 35.S Of the general statute
| and with like effect
L | Sec. O. ANY person injured in person or prou
| erty by reason of any defect in that part Of tn
| | street or highway which any street railway i
| | bound by law to keep in repair may bring hi
| action therefor before such company, and tn
| town, city or borough which Is bound by law I
| | keep such street or highway in repair, and an
| judgment recovered in such action shall ru
| | against both Of such defendants. Said railwa
/ l company shall, however, pay such judgmen