Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21

.oilroad. or whenever such petition Is so
lodged by any railroad company whose
sod or about to be crossed by street
- - highway to the effect that public safety
uscriTes an alteration in such crossing. ifs
annroaches, the method of crossing the Ioca-
tioEn of the highway or crossing, the closing
~ q highway crossing, and the substitution
81 another therefor, not at grade or the
Temoval of distractions to the view at such
crassiug, or requires the determination
If tbe mode and manner of making such
row crossing, and praying that the same
law be ordered, 1t shall be the duty Of
So commission to give notice to the proper
Marty or parties In interest other than the
ppstifioner OF the fling of such petition and
- nroceed to investigate the same and to
rider a hearing thereon In the manner pro-
jded for hearings In section 179T-12 and
Ffsr slch hearing the commission shalt de-
+ernipe what alteration In such crossing, an
trnarhes mode of crossing, location of high
Eprav crossing, and the substitution of an
other therefor not at grade, or removal of
Instructions to sight at crossing, If any,
mail be made, and by whom made, and In
rase of new crossings the mode and manner
~ making them. The commission shall TX
~ ~ nroportion Of the cost and expense of
sIcb alteration, removals and new cross
jncs Including the damages to any person
whose land is taken and the special dam
egps which the owner of any land adjoining
10 nublic street or highway shall sustain
~ reason of such change In the grade of
e,ob street or highway, or by reason of the
crnssIngs, to be paid by the railroad com
Hany or companies. the municipality or mu-
piripalltles in interest, and the state. In
wing such proportion the commission may
n-dsF the amount Of such cost and expense
and damages so apportioned to be paid by
the parties against which the apportion-
ment shall be made:
IN the absence of any petition therefor,
yvben 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 1791-12, order such al
fsrs atoms In such street or highway or rail-
road as they shall deem best and shall de-
tern1ine and direct by whom, and within
Whst time such alteration shall be made,
and the expense Of such alteration shall be
spportioned and paid as provided In the
nrecedlng section. Railroad companies may
take land for the purpose of this section
and the preceding section In the manner
provided by law for the taking Of Land by
railroad companies.
sion upon a petition brought under the pro-
visions of section 1797-12e, or proceed ngs
Instituted under the provisions of section
I797-l2f, shall find that any street or high
wsy crosses or is crossed by the tracks of
more than one railroad, and the tracks of
such railroads are so near together that
Dublic conVienee requires the work of sepa-
rating the grades to be done under and In
compliance with one order, they shall give no
tce of such proceedings to all the companies
operating such railroads; and after such
notice and hearing the commission shall de-
ternina 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
Tided in section 179T--12e.
Section 1797-12h. Whenever a petition
Is lodged with the commission by the com
mon council Of any city. the village board
ryfl Iao or ha w rd of
town within which 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
railroad company, to the effect that public
safety requires an alteration In such grade
crossing, or the installation, operation, and
maintenance Of some suitable protective APP
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 hling OF
such petition, and TO proceed to investigate
the same and TO order a hearing thereon In
the manner provided for hearings In section
17e7-12. and after such hearing the COM
mission shall determine what alteration in
such crossing or mode of crossing, If any,
shall be made, and by whom made and
maintained, or what suitable protective APP
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 grade
and the maintenance of the crossing or OF
the Installation. operation, and mainten-
anee of such safety appliance which shall
be paid by the railroad companies. re-
spectiVely.
Section 1797-12i 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
teetiye appliance at such grade crossing,
after notice and hearing as provided In sec
rion 179T-12, order such change in such
crossing or the installation, operation, ana
maintenance of such suitable protective ap-
plIance at such grade crossing as they snail
deem best, aud shall determine and direct
by whom and within what time SUCH aitera-
ton shall be made or such safety appliance
shall be installed, and the cost and expense
Of such change in such crossing and or
maintaining the crossing, or OF the installa-
tion, operation, and maintenance OF such
safety appliance shall be apporttoned and
paid as provided in the preceding section:
Section 1T97-12j. The provisions OF
section 179T-12h and 1T91-12i shall ap-
ply to all swing or draw bridges, functions
and other fouling points on all raiiroaos
carry out the provisions OF this act is APP
propriated out of any money In the state
treasury not otherwise appropriated
Section 9. All acts or parts OF acts CON
dieting with the provisions Of this act or
with section 1792--12d, or with the ex-
elusive exercise of the jurisdiction herein
and hereby conferred, or conferred Dy sec
ton 17o7-12d. are hereby repealed.
Section 3. This act shall take effect ana
be In force from and after its passage ana
Approved June II, 1909.