The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

railroad, or whenever such petition is so
lodged by any railroad company whose
track crosses or is alb, t to cross or is
crossed, about to be crossed by street
or highway to the effect that public safety
requires an alteration in such crossing, it's
approaches, the method of crossing, the loca-
ton of the highway or crossing, the closing
of highway crossing, and the substitution
of another therefor, not at grade or the
removal of distinctions to the view at such
crossing, or requires the determination
of the mode and manner of making such
new crossing. and praying that the same
may be ordered, 1T shall 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 pro-
Vlded for hearings in section 1791-12, and
after such hearing the commission shall de-
termlne what alteration in such crossing, APP
proaches, mode of crossing, location of high
way crossing, and the substitution OF an
other therefor not at grade, or removal or
distractions to sight at crossing, il any,
shall be made, and by whom made, and in
case of new crossings the mode and manner
of making them. The commission shall fix
the proportion Of the cost and expense OF
such alteration, removals and new cross
ings, including the damages to any person
whose land is taken, and 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 grace OF
such street or highway, or by reason CT the
removal of distractions to view at sucn
crossings to be paid by 5ne ralrr0ao Or
inequalities in interest, and the state In
fixing such proportion the commission may
order the amount OF such cost ana expense
and damages so apportioned to be paid by
the parties against which the apportion-
ment shall be made.
Section 1797-12f. The commission, 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
vided in section 1797-12, order such al
terations In such street or highway or rail-
road as 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 snail pc
apport.oned and paid as provided IN .ns
take land for the purpose Of this section
and the preceding section In the manner
provided by law for the taking OF Land by
Section I7s7M12g. When the commits
sion upon petition brought under the pro-
visions of section 1797-12e, or proceedings
1797-12f, shall find that any street or high
way crosses or Is crossed by the tracks of
more than one railroad, and the tracks of
such railroads are so 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 to all the companies
operating such railroads; and after sucn
notice and hearing the commission shall de-
termine what alterations shall be made, II
any, so as 10 separate the grades OF all such
crossings at the same time, and shall deter
mine by whom such work shall be done, and
they shall apportion the expense as pro-
vided in section 1797-12e.
Section 1797-12h. 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 a railroad track crosses
another railroad track at grade, or when-
ever such petition is SO lodged by any rail-
road company whose track crosses or Is
crossed at grade by the track of another
safety requires an alteration Ia such grade
crossing, or the installation, operation, and
maintenance of some suitable protective ap-
pliance at such grade crossing, 1t shall be
the duty of the commission to give notice
to the proper party or parties In interest
other than the petitioner OF the filing or
such petition, and to proceed to investlgate
the manner provided for hearings in section
1912, and after such hearing the COM
mission shall determine what alteration IN
such crossing or mode of crossing, ii any,
shall be made, and by whom made and
maintained, or what suitable protective ap-
pliance shall be installed, operated, and
maintained at such crossing and by whom
installed operated, and maintained. The
commission shall fix the proportion of the
cost and expense Of such change in grace
the installation, operation, and mainten-
ance of such safety appliance which shall
be paid by the railroad companies, re-
spectively.
Section 1707-12i. 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 railroad track by railroad track be-
longing to or operated by any railroad or
railroads, or requires the installation, oper-
alton and maintenance OF some suitable pro-
tective appliance at such grade crossing,
after notice and hearing as provided In sec
ton 1912, order such change in such
crossing. or the installation, operation, and
maintenance of such suitable protective ap-
pliance at such grade crossing they shall
deem best and shall determine and direct
by whom and within what time such altera-
ton shall be made or such safety appliance
shall be installed, and the cost and expense
maintaining the crossing, or Of the installa-
ton, operation, and maintenance of such
safety appliance shall be apportioned anu
paid as provided in the preceding section.
Section 1797-12j.. The PROVISIONS OF
section 1797E12h and 119I@ a , shall ap-
and other fouling points on all railroads.
Section 1797--12k. A sum sufficient to
carry out the provisions of this act is ap-
pvopriated out Of any money IN the state
treasury not otherwise appropriated.
Section 2. All acts or parts OF acts con-
with section 1792-12d, or with the ex-
elusive exercise of the jurisdiction herein
and hereby conferred, or conferred by Sec
tion 1797.12d. are hereby repealed.
Section g. This act shall take effect and
be in force from and after Its passage and
publication. o