Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-10-02
STREET RAILROAD DECISION

BTHEBT RAILROAD DECISION.
About the Question of switch ON Ca
nal street---Protests by the school
Board and seIectmen.
The selectmen and the directors of the
street railroad company received, Monday
afternoon, the following decision from the
board of railroad commissioners in regard
to the question in dispute concerning the
location of switch on Canal street:
BOARD of RAILROAD COMMISSIONERS, I
ST. ALBANs, VI, Sept. 20, 1896.
To the SeIectmen Of the toUn of Brdttte-
bOrO.
"The board of railroad commissioners
has decided the matter of the application
of the Brattleboro Street Railway company
for the location of switch or turnout on
Canal street, and also the petition of the
same company to confirm the location of the
"Allen" switch, so called. There has not
been time to prepare and forward the Off
cial report of the board, but 1 append
hereto the substance of the findings, and
upon these findings the board has author
lied the railroad company to act, the same
as If the official report were delivered to
all the parties in interest The decision of
the board Is, in substance, as follows:
"In regard to the question of jurisdic-
ton of the board to act on the two petit
tions, the board holds that IL was not con-
| templated that the agreement should SUI
persede the statutes relating to the ques-
| lions that consideration of the first petit
ton involves; that such is not its effect;
and, as in its decision upon the petition
for the location of this railroad in the first
instance, doubts the authority of the Sc
lectmen of the town to act in the premises
GAS to the location of a new switch or
turnout, the board decides that the railroad
company may elect whether to accept the
location of the switch at the foot of Wash
ington street, at point where the same
has been located by the selectmen and bal
| lifts, or whether it will construct a switch
| just easterly of the schoolhouse lot upon
Canal street. The railroad company shall
construct but one of said turnOuts; If it
elects the one at the foot of Washington
street, it shall be as provided in the order
of the bailiffs heretofore made in the prem
ises. II it elects to construct the same at
point easterly from the schoolhouse
| grounds, it shall be located as follows, viz. !:
beginning at point so near the west
erly end of the concrete sidewalk which
extends along the southerly side of Canal
street tina. the construction of said switch
shall not interfere with said concrete walk,
thence extending westerly upon the south
erly side of the main track of the railroad
far enough to construct turnout of suffi-
cient length to hold only one of its cars,
but in so constructing said turnout the
westerly end thereof shall be so far to the
east as TO leave room TO make a sidewalk
at least five feet in width along the north
erly side of the embankment wall of the
schoolhouse grounds, and around the east
erly end thereof without being interfered
with by said turnout.
"As 10 the Allen switch: The railroad
company shall at once, and before Sept.
30, 1896, move its main track and turnout
at the Allen switch toward the south OF
east so as to give at least three feet space
in addition TO what there now Is between
the outside rail of the turnout and the
fence along the highway to the northerly
thereof, but at least six and one-half feet
shall be left between the southerly or east.
erly rail and the fence upon the southerly
side of the highway. If such construc-
ton is not feasible, or, If the railroad
company prefers so TO do, it shall remove
said turnout to the point some 425 fee
westerly to the Clark road, as directed By
said bailiffs and selectmen.
1.-The official report of the Board, duly
certified by the clerk under the seal of thu
board, will follow as soon as the necessary
copies can be prepared, but you will proba
bly, not receive it until after Oct. /.
Very truly yours,
F. c. SMITH,
|