The daily morning journal and courier., 1904-12-13
CUTIMPR0VRMRNF GRANTED
THE RAILROAD COMMISSIONERS GIHE RAILROADS REQUEST.

Imperative Necessity for Improvement
 -Action of Board Limited to the One
 Route-Depresslon of Cut Impracti-
 eabIe-RaIIroad Must Bear All Cost
 and Damages.
 The railroad commissioners handed down their decision yesterday on the proposed .'cut" improvements of the New Haven road. They unreseryedly grant the petition of the railroad com pany and brush aside the objections of the remonstrant citizens to the roads plan of widening it's layout and chang ing it's grade through the city.
 They order, however, that the entire cost of the contemplated alterations and the damages incidental thereto shall be paid by the company.
 After reviewing in exhaustive details the proceedings of the public hearings son the proposed cut changes, the com missioners reach their conclusions in the following language:
 ''The railroad company by it's peti- tion asks permission to widen the lay out of it's road through the city of New Haven sufficiently to provide room for two additional tracks; to raise the highway bridges passing over its tracks and to change the grade of the ap- breaches to said bridges, etc, as more fully appears in said petition.
 The width of the railroad through the cut, so-called, and the height of the bridges furnished ample acconlmo- dations at the time and for years after their construction for the business and safe operation of sair road but the bus mess of the petitioner has now increas- ed to such an etent that it cannot be reasonably and safely conducted with ing the limits to which it is now confin- ed; and by reason of the increased size and height of modern cars, the limited head room under the bridges as now constructed prevents the passage of many cars over this portion of the pe- titioner's road.
 Tt appeared in evidence, and without contradiction, that there is an impera- tive necessity for increased facilities for the petitioners business over this sec ttion of it's road, unless it is to be abandoned and some other route is to be selected.
 ..The action of this board is confined to the route named in the petition. Our authority is limited and extends no further than the statute provides. We cannot order the petitioner to abandon this section of its road and compel it to select some other layout. Therefore we are not permitted to consider the suggestions made by some prominent citizens asking that the petitioner be required to construct it's railway along the water front and thereby avoid mainly the residential and business part of the city.
 Observing the conflicting views and opinions Of those who appeared before us in opposition to the plan named in the petition, we were desirous that some arrangement might be made between the petitioner and the city of New Ha- ven which would be reasonably satis- factory to all parties, and with this end in view we have adjourned our hearings from time to time to afford ample op- portunity for conference and uniting upon some plan If 1t were possible; but as no agreement has been reached, and apparently but little effort is being made in that direction, and no further delay is asked for by the parties. it be- comes our duty to determine the ques- lions presented for our consideration.
 The chief objection to the petitioner $ plan is against elevating the bridges for the reason that 1t will make travel and teaming over them more burdensome.
 We appreciate this objection. The grade will be extended, but the per cent will be diminished and we do not believe it will become a serious obstacle to the public use and travel over these bridges and approaches. However, we. wish we could find a way to obviate this objection, but no practical plan has been presented to us, nor do we know of any except the one contained in the petition.
 Tt is apparent there is no other way of obtaining the necessary head room unless the railroad bed is depressed. We were of the opinion that this ought to be done if practicable, but it is evident by reason of the low grade of the road bed, only trif1e above tide water, and +t,a ry4or,+ifvv nf Watar t1Jaf flows into