Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1909-07-15

railroad. or whenever such petition 10 80
lodged by any railroad company whose
trace crosses Or Is q to, cross or is
or highway to the effect that public safety
requires an alteration in such crossing, Its
approaches. the method of crossing, the loca-
ton Of the hithway or crossing, the closing
OF highway crossing, aud the substitution
OF another therefor, not at grade, or the
removal OF distractions 10 the view at snch
crossing, or requires the determination
OF the mode and manner Of making such
new crossing, and praying that the same
may be ordered. it shall be the duty Of
the commission to give notice to the proper
party or parties In interest other than the
petitioner, of the fling of such petition and
to proceed to Investigate the same and TO
order hearing thereon In the manner pro-
ylueu for hearings in section lT9T-12, ana
after such hearing the commission shall de-
termine what alteration in such crossing, ap-
pfoaches, mode of crossing, location OF h!gn'
~aJ crossing aud the substitution OF an,
other therefor not at grade, removal OF
distractions TO sight at crossing, " any,
shall be made, and by whom made, and In
case OF new crossings the mode and n1apner
OF making them. The commission shall nx
the proportion OF the cost and expense or
such alterat on, removals and new cross
mSs, including the damages to any person
whose land is taken, and the special dam
ages which the owner Of any land adjoining
tie public street or highway shall sustain
by reason Of such change in the grade OF
such street or highway, or by reason OF inc
removal of distractions to view at such
crossings, to be paid by the railroad com
pany or companies the municipality or mu-
inequalities In Interest, and the state IN
hiking such proportion the commission may
order the amount of such cost and expense
aud damages so apportioned to be paid oy
the parties against which the apportion-
Section 1797-12f. The commission, may
in the absence of any petition therefor,
when In their opinion public safety requires
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 1797-12. order such a
road "a they shall deem beat and shall de
termfne and direct by whom. and within
what time such alteration shall be mace,
and the expense OF such alteration Shall De
apporttoned and paid as provided In the
preceding section. Railroad companies may
take land for the purpose Of this section
provided BY law for the taking Of Land by
railroad companies.
Section 1f97--I2g. When the commits
sion upon petition brought under tSs , pro pro
instituted under the provisions OF sec[ton
1787-l2f. shall find that any street or hlgns
way crosses or is crossed by the tracks "
more than one railroad, and tJe tracks OF
such railroads are so near together that
public conyience requires the work OF sepa-
rating the grades 80 be done under and IN
compliance with one order, E0eT snail give ~
ttce of such proceedings to all the companies
operating such railroads and after sncn
notice and hearing the commission snail oe
termine what alterations shall be maue, II
any, so as to separate the grades or all sucb
crossings at the same time, and shall deter
mine by whom such work shall be done. ana
they shall apportion the expense as pro
vided in section 1797--12e
Section 1797-Izh Whenever petition
is lodged with the commission by the coia,
mon council Of any city, the village board
Of any village or the town board OF any
town within which q railroad track crosses
another railroad track at grade. or when
ever such petition is SC 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 pubic
safety requires an alteration In snch grace
crossing, Or the installation, operation, anu
maintenance Of some suitable protective ap-
pliance at such grade crossing. 1t snail De
the duty of the commission TO give notlce
to ths proper party or parties IN interest,"
other than the petitioner OF the ming OF
such petition and TO proceed to investigate
the same and to order hearing thereon IN
the manner provided for hearings In section
1797--12, and after such hearing the com
Eigsion shall determine what alteration n
such crossing or mode of crossing, II any,
shall be made, and by whom made and
maintained, or what sultable protective ap,
pliance shall be installed, operated, and
maintained at such crossing and by Wnom
installed, operated, and maintained. The
commission shall FIX the proportion OF the
cost and expense of such change In grade
and the maintenance OF the crossing or OF
the installation. operation, and nainten-
ance OF such satety appliance which shall
be paid by the railroad companies re-
Epeetively.
Section I7s7-12i. The commission may,
In the absence Of any petition therefor,
when In their opinion public safety requires
an alteration in an ex:s sting grade crossing
of a railroad track by railroad track be-
longing to or operated By any railroad or
railroads. or requires the installation, oper
alton aud maintenance OF some suitable pro
tecttve appliance at such grade crossing.
after notice and hearing as provided In sec
ton 1T97--12, order such change IN such
crossing, or the installation. operation, and
maintenance OF such suitable protective ap-
pliance at such grade crossing as they shall
deem best and shall determine and direct
by whom and within what time such aitera-
ton shall be made or such safety appliance
shall be installed, ana the cost and expense
Of such change IN such crossing and OF
maintaining the crossing, or OF the tnstalla-
ton, operation, and maintenance OF sucn
safety appliance, shall be app9rtioned ,. ana
Section 17DT-12j. The provisions OF
section 17e7-12h and 1797--12i shall ap-
ply to all swing or draw bridges, functions
and other fouiing points on all railroads.
Section 179T---12k. 4 sum sufficient to
carry out the provisions of this act Is ap-
propriated out Of any money in the state
TREASURY not otherwise appropriated
Section z. All acts or parts OF acts con-
ficting with the provisions Of this act or
with section 1792-12d, or with the ex-
and hereby conferred, or, conferred by sec
ton I7eT-12d, are hereby repealed
Section 8. This act shall take effect and
be In forca from and after Its passage and
Approved June II, 1909.