The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15


railroad, or whenever such petition is so
lodged by any railroad company whose
track crosses or Is 81 to cross, or Is
crossed or about to be crossed by street
or highway to the effect chat public safety
requires an alteration in such crossing, It's
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 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 or
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 a hearing thereon In the manner pro-
vlded for hearings in section 1ID7---12, and
after such hearing the commission shall de-
termtne what alteration in such crossing. ,ap-
proaches, mode Of crossing, location of high
way crossing, and the substitution Of an
otAer therefor not at grade, or removal OF
distractions to sight at crossing, II 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 alrerat on, removals and new cross
nss, 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 grade OF
such street or highway, or by reason OF the
removal OF distractions to view at such
crossings, 10 be paid by the railroad com
pany or companies the municipality 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 apportian.
Section 1787--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
belonging to or operated by more than one
company, after ootice aud hearing as pro
yided IN section 1797-12, order such al
terAtions IN such street or highway or rail-
road an they shall deem best and shall de.
termine and direct by whom, and within
what time such alteration shall be made.
and the expense Of such alteration shall be
Rpportioned and paid as provided In the
preceding section. Railroad companies may
take land for the purpose of this section
and the preceding secrion In the manner
provided by law Tor the taking OF land by
Section 1897 --12g. When the commits
sion upon q petition brought under the pro
visions of section 1797-~12e, or proceed ngs
1707--12f, shall Gnd 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 thar
rating the grades 10 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 such
notice and hearing the commission shall de-
termne what alterations shall be made, Ii
any, so as to 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 l797--1Zh. Whenever q 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 50 lodged by any rail-
road company whose track crosses or Is
crossed at grade by the track OF another
railroad company to the effect that publ
safety requires an alteration In such grade
crossing, or the Installation operation, and
maintenance Of some suitable protective APP
pllance at such grade crossing, u 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 a hearing thereon In
the manner provided for hearings in section
l797--12, and after such hearing the com
mission shall determine what alteration N
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 Ia grade
end 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-
Bpectively.
Section 17S7--12l. The commission may.
In the absence Of any petition therefor,
when In their opinion public safety requires
Rn alteration In an existing grade crossing
of railroad track by a 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 17o7--12, order such change In such
crossing or the installation, operation, and
maintenance Of such suitable protective ap-
pliance at such grade crossing rs they shall
deem beet, and shall determine and direct
by whom and within what time such atera'
ton shall be made or such safety appliance
shall be installed, and the cost and expense
pf such change In such crossing aud OF
maintaining the crossing, or of the tnstalla-
ton, operation, and maintenance Of such
safety appliance shall be apportioned and
paid Gs provided In the preceding section
Section 179T-12j The provisions of
section 1797--12h and 1797--12i shall APP
ply, to all swing or draw bridges, functions
and other fouling points on all railroads,
Section 1797~-12k. A sum sufficient to
carry out the provisions of this act Is APP
propriated out OF any money In the state
treasury not otherwise appropriated.
Section 2. All acts or parts Of acts con-
dieting with the provisions Of this act or
with section 1T92--12d, or with the ex-
elusive exercise of the Jurisdiction herein
and hereby conferred, or conferred by sec.
ton 1797--12d. are hereby repealed
Section 8. This act shall take effect and
be IN force from and after its passage and
publication.
Approved June II, 1909