New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-07-14
TIE RAILROAD CROSSING LAW.

Accounts of legal processes resulting from the
recent disaster on the Long Island Railroad have
contained the announcement that the Railroad
Commission was about to begin operations un-
der the new law, which is described as requr-
ing the abolition of all grade crossings IN the
State That is much more than the law actual
" does require. though we hope it will gradual
" accomplish that desirable object. This en-
actment. which went into effect on July l. pro-
yides that "al steam surface railroads here
.aftcr built except additional switches and
"sidings. must he so constructed as TO avoid all
"public crossings at grade, whenever practicable
80 10 do" The question of practcabllity Is
left TO the Railroad Commissioners. who are
empowered TO decide also whether the crossing
shall be over or under an intersecting highway.
Similarly when a new highway is TO be con-
structed the Commissioners are required to de-
termine whether it shall cross above or below
or on level with an interesting railroad. The
clear intention of the statute Is TO prevent new
grade crossings, and it is to be presumed that
the Commission will exercise It's discretionary
power to permit exceptions to the rule only in
cases of real necessity. The reckless multiplica-
ton of these danger points seems, therefore, TO
have been effectually stopped.
The purpose of the law also is to diminish
the number of existing grade crossings by
systematic and continuous process. 1t provides
that municipal authorities a railroad corpora
ton may petition for the abolition Of grade
crossing and demand hearing before the Rail-
road Commissioners. who shall thereafter deter
mine what change, If any. shall be made. The
Commissioners may also upon their own mo-
ton institute proceedings for such 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 Cen
eral is commanded TO bring action in the SUI
preme Court to compel obedience. The pro-
visions of the act furthermore apply to all
street surface railroads and Ito all existing or
future steam surface railroads on which, after
1.-The passage of this act electricity or some
"other agency than steam shall be substituted
las a motive power" 1t will thus be seen that
both railroads and municipalities are put In a
position 10 initiate proceedings for the abolition
Of grade crossings which the Commissioners
would presumably sympathize with and desire
TO facilitate and. what is perhaps more impor-
tant that the Commission is authorized TO act
Of it's own accord whenever public indifference
or the selfish interest Of a railroad corporation
threatens to prolong a serious evil
The cost Of operations under the law is ap-
portoned as follows: The railroad company
concerned is required to pay the whole expense
Of 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 separa-
ion Of grades the railroad company is to pay
,nehalf Of the expense, the municipal corpora
ton one-quarter and the State One-quarter. and
an annual appropriation Of 100000 is ordered
% meet the States obligation on this account.
Provision Is made for the submission, except
when the railroad bears all the cost. Of plans,
notifications. proposals. contracts. etc. 10 the
.yalroad Commission which In all cases Is 10
have general supervision Of the work proposed
=, be done: the cost Of construction Is 10 be paid
primarily by the railroad and the cost OF addi-
ional lands rights or easements primarily by
The municipality which is authorized TO acquire
them subject TO the final appointments; suit
able opportunity is guaranteed for the presenta'