The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-07-15

railroad, or whenever such petition Is 90
lodged by any railroad company whose
track crosses or is a 10 cross, or Is
or highway to the effect that pablo safety
requires an alters ton in such crossing, its
approaches. the method Of crossing, the loca-
ton OF the b. 'hway or cross ng, the Closing
OF highway crossing, and the substitution
OF another therefor, not at grade. or the
removal Of distractions to the view at such
crossing. or requires the determination
Of the mode aud manner Of making sueh
new crossing and praying that the same
may be ordered, IL shall be the duty or
the commission 10 give not &c TO the proper
petitioner, of the filing of such petition ana
To proceed to investigate the same anu 10
order hearing thereon In the manner pro,
vded for hearings IN section li9i-lZ ana
after such hearing the commission shall de-
termine What aitera lion In such crossing ap-
breaches, mode of crossing, location OF high
way crossing, and the substitution OF an
otAer therefor not al grade or removal OF
distractions to sight at crossing, II any,
sail be made, and by whom made, and IN
case OF crossings the mode aud manner
Of making them. Inc commission shall NIX
such alterat on, removals and new cross
ings. including the damages to any person
whose land IS taken ard the special dam
ages which the owner Of any land adjoining
the public street or highway shall sustain
by reason Of such change In the grade OF
such street or highway or by reason OF the
removal OF distractions TO view al such
crossings. to be paid by the railroad com
pany or companies tue munic pallty or mu-
inequalities in interest, and the state. In
fixing such proportion the commission may
order the amount Of such cost and expense
and damages SO apportioned to be paid by
the parties against which the apportiou-
ment shall be made.
Section l797--i2f The commiss on. may
in the absence of any petition therefor,
when In their opinion public safety requires
an alteration In any street or highway
crossed at grade by any railroad or railroad
belonging to or operated by more than one
company, after notice and hearing as pro
vided In section l107-l2, order such al
road A. they shall deem best and shall de
termins and direct by whom. and within
what time such alteration shall be made.
and the expense Of such alteration shall be
preceding section. Railroad companies may
take land for the purpose u this section
and the preceding sec Ton in the manner
provided BY law for thu taxing Of land b.
Section if87-12g. When the commits
sion upon a petition brought under the pro
visions OF section l7S7--12e, or proceed nHs
instituted under the provisions OF section
11e7-l2f, shall ind that any street or high
way crosses or 10 crossed by the tracks VI
more than one railroad, and the tracks OF
such railroads are 30 near together That
public convience requires the work OF sepa-
rating the grades to be done under and In
compliance with one order. they shall give no
tice of such proceedings 90 all the companies
operating such railroads: and after such
notice and hearing the commission shall dc
termins what alterations shall be made, u
any, SO as to separate the grades or All sHch
crossings at the same time and shall deter
mine by whom such work shall he done, and
they shall Rpporton the expense rs pro
vided IN section 1T97-l2e
Section lI97--12h. Whenever petition
is lodged with the commission by the com.
mon council Of any city, the village board
OF any village or the town board Of any
town within which railroad track crosses
ever such petition Is SO lodged by any rail
road company whose track crosses or Is
crossed at grade by the track OF another
railroad company, 10 the effect that publ c
crossing. or the installation, operation, and
maintenance of some suitable protective APP
pliance at such grade crossing II snail be
the duty OF the commission to give notice
to the proper party or parties In interest
other than the petitioner OF the filing OF
such petition, and to proceed to investigate
the same and to order hearing thereon In
the manner provided for hearings in section
l797-12, and after snch hearing the com
mission shall determine what alteration q
such crossing or mode OF crossing, II any,
shall be made, and by whom made and
maintained. or what suitable protective ap.
pliapce shall be Installed operated. and
mainta ined at such crossing and by whom
Installed, opera ted, and maintained. The
commission shall fr the proportion Of the
cost and expense OF such change IN grade
and the maintenance Of the crossing or OF
the installation. operation. and malnten-
ance Of such safety appliance which shall
be paid by the railroad companies, re-
spectiveiy.
Section 17e7--12i. The commission may,
In the absence OF any petition therefor
when In their opinion public safety requires
an alteration In an existing grade crossing
Of a railroad track by q railroad track be
Ongiug to or operated by any railroad or
railroads, or requires the Installation oper
alton and maintenance Of some suitable pro
tectiye appliance at such grade cross. g,
after notice and hearing us provided In sec
ton l7Q7-12, order such change In such
crossing or the Installation. operation, aud
maintenance Of such suitable protective ap.
pliance at such grade crossing az they shall
deem best, and shall determine and direct
by whom and within what time such Hltera-
ton shall be made or such safety appliance
shall be installed, and the cost and expense
II such change IL such crossing aud of
malnta ming the crossing, or Of the installa-
safety appliance shall be apport!oned and
paid as provided In the preceding section.
Section l797-12t, The provisions OF
section 179T-12h and iTa7--12 shall APP
ply to all swing or draw bridges, functions
'n s.e stonF tS s on su TSHAa to
carry out the provisions OF this act is APP
propriated out Of any money in the state
treasury not otherwise appropriated.
nc,ier with the nfos Of this act or
with section 1792-l2d, or with the ex-
elusive exercise of the jurisdiction herein
and hereby conferred. or conferred by sec
ton l797--l2d, are hereby repealed.
be in force from and after It's passage and
Approved June II. 1909