Evening star., 1902-03-18
DIVISION: OF COST
Principles Which Govern
Railroad improvements.
RIGHT OF WAY RULE
HOW THE LOCAL SITUATION IS
AFFECTED.
Proposed Changes in Laws Revive In
terest in the Financial
Question.

The material change in the plans for the
readjustment Of the steam railway termi-
nails In Washington proposed by the union
station" bill now pending in the Senate
directs attention once more sharply to the
question of the apportionment Of the cost
of grade crossing elimination In cities The
Star had occasion to investigate the gen.
eral question fifteen months ago, when the
bills which are now laws were under dis
cussion in Congress- and elucidated certain
principles which apply to the matter of
division of cost in such cases. Those prin-
ciples are pertinent today in this latest
phase Of the local situation.
If one in examining into the precedents of
apportioning the expenses of such improve
ments pays attention only to the cash per-
centages contributed by the railroad and
the public, respectively, and disregards. the
varying conditions and equities Of the diff
ferent cases, he will soon find himself In
hopeless confusion. But close inrestiga-
tion develops certain general equitable pr1n-
ciples which are applied more or less close
ly in the great majority Of cases.
For instance, it is fairly well established
in several cases that the party more
anxious to make the improvement, and pre-
sumably the more benefited thereby, Is
often burdened more heavily than the other
the later conner at the crossing, whether
street or track, often pays the more for
the adjustment.
Thus the law in Connecticut regarding the
division of cost In eliminating grade cross
ings requires that where the city or town
applies for the improvement 1t shall pay
twenty-five per cent Of the cost where the
crossing antedates the construction OF the
railroad and fifty per cent il the crossing
has been laid across the tracks since the
construction of the latter, the balance to
be borne by the railroad company. II the
company applies for the elimination Of the
grade crossings it shall bear the entire ex-
pense Of the Improvement
New York Laws.
New York has general grade crossing
law which provides that the expense Of
abolshing such crossings shall be borne %
per cent by the railroad company, 25 per
cent by the municipality and 25 per cent by
the state. This act does not apply to the
city of Buffalo, which Is specially provided
for, and under which the various railroad
companies have entered into agreements to
eliminate the grade crossings in that city.
The contracts with the different railroad
companies running into that city provide
that they pay the entire cost OF that por-
ton of the structure over their right OF
way, while the approaches thereto are paid
in the proportions Of one-third by the city
and two-thirds by the railroad company.
When 1t is necessary. however, to take
lands for the erection Of any structure, the
city pays one-third and the railroads two
thirds of the cost Of the land. Any damage
done to abutting property and known as
consequential damage" is paid in the pro-
portion Of one-half by the city and one-half
by the railroad.
The general provisions, both in New York
and Connecticut, apply broadly to the rural
districts and the smaller communities. City
conditions require special consideration. as
in the case of Buffalo. Equitable principles
are usually applied to such cases as far as
possible. The tracks of the New York Cen
fy-nl In C-fn -nrE oil tod
suant to special act Of the state legssla-
ture and the city stood no part of the eX
pense.
The Law in Massachusetts,.
The Massachusetts law is interesting to
show that special considerations prevail in
some instances to change the ratio of cost
division. The statute provides that the
state shall pay not more than 25 per cent.
the city not more than Is per cent and the
railroad company not more than 60 per cent
In some cases special laws have been
passed by our legislature, in one case in
yoving the expenditure Of about 81 600 ,OOO
the city and state paying 45 per cent, Of
which amount the city assumed 13h per
cent Of the whole and the railroad company
paid 90 per cent In another case where
the state was a large land holder, and the
city gained practically a new highway, the
proportions were: State, 81 per cent; city,
so per cent, and railroad company, 80 per
tained, the ordinary division Of expense is:
State, % per cent city, 10 per cent; rail-
road, IS per cent
In Jersey City the railroads have borne
the greater share OF the expense. The
Pennsylvania road elevated it's tracks who'll
ly at It's own expense, abolishing nine grade
crossings. The city assumed no RESPONSE
bility in that case The Erie road abolished
seven grade crossings at it's own expense
by elevating the tracks. In that case,
where 1t was necessary to depress the
streets, the grade was changed at the ex-
pense Of the city, at cost Of not exceed
ing $4,000.
A Broad Rule.
The editor Of the Engineering News,
writing to The Star on this subject, when
the subject was under discussion late in
1900, says: MY general impression is that
in the larger cities. where the most ex-
tensive work has been DONE. the cost has
been borne very largely by the RAILWAYS,
as they were forced to make the improve
mcnts in order to increase their terminal
facilities
The railroads necessities were before the
passage Of the existing laws and are now
greater than those Of the city in most
cases. In the case Of Washington the rail-
roads were absolutely forced in their own
interest to push these improvements. They
were then and are now under heavy ex-
pense in defending damage suits caused by
are often mulcted In heavy sums when
lives are lost, injuries are inflicted or prop
erty is destroyed. They are now compelled
to traverse roundabout ways, involving a
loss Of time and a heavy expenditure In
the case Of the Pennsylvania road there is
great inconvenience caused by the neces-
sity Of backing trains into the station. In
the case Of the Baltimore and Ohio there
was last year the threat Of the expiration
in 1910 Of a privilege without which 1t
would be virtually impossible to transact
the railroads business-the privilege to use
steam on the Washington branch within
the city limits. There was in both cases
the threat Of action for the illegal occupa-
ton of public spaces by the railroad tracks,
an custer from which would cause great
Inconvenience and pecuniary loss to the
railroad companies. There Is at all times
insistent public pressure to compel the rail-
roads to replace their present disgraceful
terminals by creditablel systems and sta
tions to conform to the progress in busi-
ness and in the character Of the commu-
nifty. There was the steady harassing effect
of reasonable but stringent regulations,
drawn for the public good, which could
have been executed to a repressive degree
If the District Commissioners chose to avail
themselves OF their fully indorsed powers
in the premises. There was also felt by
the corporations the pressure by other
roads for entrance Into the city on exist
ing lines, emphasizing more and more
clearly the absolute inadequacy Of the pres
ent provisions for transportation at this
point.