Middlebury register. (Middlebury, Vt.) 1886-1937, 1897-07-23
THE SPIRIT OF THE PRESS.
THE RAIL ROAD CROSSING LAW.

lSlanu railroad nave CODlalnCu lle an
nouncement that the railroad commission
was about to begin operations under the
new law, which is described as requir-
ing the abolition of all grade crossings
in the state. That is much more than
the new law actually does require,
though we hope it will gradually ac
that desirable object. This
which went into effect on
July |, provides that "all steam sur
face railroads hereafter built, except
additional switches and sidings, must be
so constructed as to avoid all public
crossings at grade, whenever practicable
so to do" The question of practicable
ty is left to the railroad commissioners,
who are empowered to decide also
whether the crossing shall be over or
under an intersecting highway. SINH
larly, when new highway is to be con-
structed the commissioners are required
to determine whether it shall cross above
or below or on a level with an intersect
ing railroad. The clear intention of the
statute is to prevent new grade crossings,
and it is to be presumed that the COM
mission will exercise its discretionary
power to permit exceptions to the rule
only in cases of real necessity. The
reckless multiplication of these danger
points seems, therefore. to have been
eflectually stopped
The purpose of the law also is to di-
minish the number of existing grade
crossings by a systematic and continuous
process. 1t provides that municipal
authorities or a railroad corporation
may petition for the abolition of a grade
crossing and demand a hearing before
the railroad commissioners, who shall
thereafter determine what change, if
any, shall be made. The commissioners
may also upon their own motion insti-
tute proceeding for such a separation of
grades at any crossing as they think
public safety requires, and in every case
of failure to comply with their decision
the attorney general is commanded to
bring action in the supreme court to
compel obedience. The provisions of
the act furthermore apply to all street
surface railroads and ito all existing or
future steam surface railroads on which,
after the passage of this act, electricity
or some other agency than steam shall
be substituted as a motive power" 1t
will thus be seen that both railroads
and municipalities are put in position
to initiate proceedings for the abolition
of grade crossings which the commits
sioners would presumably sympathize
with and desire to facilitate, and. what
is perhaps more important, that the COM
mission is authorized to act of its own
accord whenever public indifference OF
the selfish interest of railroad corpora
ton threatens to prolong a serious evil.
The cost of operations under the law
is apportioned as follows; The railroad
company concerned is required to pay
the whole expense of a new crossing
above or below an existing highway; in
the case of a new highway across an
existing railroad the railroad company
is to pay one-half of the expense and the
municipal corporation the other. half
when an existing crossing is changed in
order to effect a separation of grades the
railroad company is to pay one-half OF
the expense the municipal corporation
al 10 tgr
and in annual appropriation of 100000
is ordered to meet the states obligation
on this account. Provision Is made fol
the submission, except when the rail
road bears all the cost, of plans, specif
cations. proposals, contracts, etc, to the
railroad commission. which in all case;
is to have general supervision of the
work proposed to be done; the cost Of
construction is to be paid primarily by
the railroad and the cost of additiona
lands, rights or easements primarily by
the municipality which is authorized tC
acquire them, subject to the final appOr
tiOnment; suitable opportunity il
guaranteed for the presentation of evi
dence in support of or opposition to al
application. and the right of appeal i;
preserved.
1t is evident that the new law is ca
pabe of being applied in such manner
and to such an extent as to accomplish
exceedingly valuable results. The
power and responsibility of the railroad
commissioners are great, and we hope
they can be trusted to use their author
ity firmly and wisely.-lNew Norl
Tribune.
THE CAUSE OF HARD TIMES AND DIS
TRUST.
In his speech at Philadelphia Mr.. Bay
ard, former ambassador to England
said:
Today there is in the minds of think
ing men in this country a widespread
and vague uneasiness on a question
which casts its shadow over the outloo!