The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1898-08-12

privileges or franchises. and such as NAV
hereafter be imposed generally and with
out discrimination upon the property, in
come. rights, privileges or franchises Of all
persons and corporations
Sec. 2 Every street railway company its
successors and assigns, now or hereafter
Incorporated under the laws OF this state
operating street railways in any city or
town in this state, which shall accept the
provisions OF this act, IN manner herein
after specified, and that shall agree to the
division of profits and make the payments
herein provided, shall have and enjoy, wi h
respect TO AL lines leased owned or oper-
ated by II during the continuance of such
payments, and in consideration thereof, all
the rights, privileges, and franchises which
II has at the time OF such acceptance or
which may thereafter be granted TO IL TO
construct maintain, use and operate street
railways with the cars, and all appurte-
nances OF such railways in the manner and
by the method In use by 1t at the time Of
such acceptance or by such improved
methods rs il may be authorized ny tie
general assembly tp adopt, and as it may
employ from time TO time, upon, over and
under all the streets, avenues highways
and public places in the cities and towns
in which the tracks Of said company may
at the time of such acceptance be actually
located, or in which they may thereafter
be lawfully located, subject only to the
right or revocation hereinafter provided
for: Provided, however, that every street
railway company accepting the provisions
OF this act shall, so long as Il continues to
enjoy the rights, privileges and franchises
aforesaid. continue to pay to the several
cities and towns, Notwithstanding the eA-
HratiOn Of any existing contracts or agree
ments, such sums as are now or NAV be
required hereunder until new contrasts or
agreements shall be made, and such sums
not less, however than those paid at the
of avis
agreements, as may thereafter be agreed
upon from time TO time, and failure for
ninety days on the part of any such street
railway company TO make any payment
required by this act shall cause a forfeit
ure of all rights, privileges and franchises
conferred and granted thereby
Sec. 3. The city council of any city or the
town council of any town may after four
teen days written notice to all parties in
teros-ed Of the time pn6 DIacp n wh1oh
they will consider such matter. and after
hearing all parties, If the public necessity
and convenience in the use Of any portion
of a street require it, for good and suffi-
cient reasons to be stated in the order
therefor order that the location and the
right TO maintain, continue and use tracks
with poles, wires and other appurtenances
in such portion shall be revoked: and such
revocation of such location and right shall
take effect when approved by the railroad
commissioner, after public notice and hear
ing. Upon revocation, as aforesaid the
company shall remove the tracks in con-
fOrrnity with the order of revocation, and
shall put the portion of the surface of the
streets disturbed by such removal in az
good condition and with the same material
as the adjacent surface of said streets If
the company neglects to execute such or
der, after thirty days notice thereof. the
city council of such city, or the town
council of such town, may cause the same
70 En 14-1 ~
expense of the company, to be recovered
In an action of the case: Provided hOwev-
er, that in each such case of revocation
such city or town council shall in and by
such order grant to such company inter-
ested right in aaother street or highway
In such city or town, as nearly similar in
public convenience as possible, TO construct,
maintain, use and operate its railroad and
the appurtenances thereof; and provided
further, that no such location or right of
any company accepting the provisions Cf
this act shall hereafter be revoked by any
city or town council, except under and in
accordance with the provisions of this act
and provided further. that any city or town
council, or any company aggrieved there
BY may appeal from any decision of any
such railroad commissioner upon any sLch
order, within thirty days after the rendF~-
ing or such decision, to the justices of the
supreme court assigned to the appellate di-
vision thereof and such Justices, or a M
Jority of them, shall thereupon hear and
finally determine ali matters of law and
fact involved in said appeal including TIE
question of public necessity and conven-
ience, and the propriety of the order or
decree made by such city or town council
and may annul, modify or amend any such
order or decree, and take such other action
in the premises as law and justice may re-
quire.
Sec. 4. The several street railway compa-
MES IN this state accepting the provisions
of this act may hereafter increase their
capital stock from time to time to meet the
costs and expenditures actually made for
extensions and for new construction and
equipment, and the cost Of such extensions
or improvements shall be certified by the
railroad commissioner, and all issues of
capital stock for such purpose shall be
subject to the approval of such officer
Sec. 5. If the street railway line operated
by any company which accepts the prov =
sions of this act extends beyond the limi 5
of this state, the payments to be made by
such company under the provisions of this
act shall be computed only upon the gross
earnings of such company upon its lines
within the limits of this state; and in case
the dividends OF such company for any
year ending on the Both day of June next
preceding the date upon which such tax is
due and payable exceed eight per centum
on its capital stock actually outstanding in
SuCu year, the IuTlneF sum, II any, 10 be
paid by such corporation, in addition a sum
equal 10 one per centum on its gross re-
ceipts from the operation of its lines with
in the state for such year shall be the su-
required to make its payments, under
provisions of this act equal TO an amour
which shall bear the same ratio TO its
whole dividends in excess of eight per CEN
tum for such year as its gross earnings
from its lines in this state bear TO its whole
gross earnings for such year. And for the
purposes of this act the gross earnings of
any such corporation from its lines with
in this state for any year shall be deemed
and taken TO be that proportion OF its to-