Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1909-07-08

railroad or whenever such petition is 30
lodged by any railroad company whose
track crosses or is al. 10 cross, or IS
crossed, or about 70 De crossed by street
or highway to the effect that public safety
requires an alteration in such crossing, its
approaches, the method Of crossing, the Ioca-
ton Of the highway or crossing, the Closing
or highway crossing, and the BlDsGtuLtoh
Of another therefor, not at grade, or the
removal Of distractions to the view at s9ch
crossing or requires the determination
Of the mode ana manner Of making such
new crossing, and praying that the Same
may be ordered, Il shall be the duty o.
the commission 10 give notice 70 the proper
party or parties Ia interest Ctbet @IaH t us
petitioner Of the ding Of 5uch peuLlou, anu
to proceed 70 Investigate the same ana 70
order a hearing thereon In me manner pro,
vidrd for hearings iD section 1879, and
after such hearing the commission sAai os-
termins what alteration IN Buch cFoblng ap-
prOaChes, mode u crossing. location Of hlgB~
way crossing, and the SUBSTITUTION OF an
other therefor not at grade, or removal u
Instructions TO sight al crossing, any,
shall be made, and by whom mace, aud in
case Of rrw crossings the mode ana manner
Of making them. The commission shall tx
the proportion Of the cost and expense Of
sucb alteration, removals ana new cross
lngs Including the damages 10 any person
whose land 5 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 10 the grade Of
such street or highway, or by reason Of the
removal Of distractions to view at such
pany or companies the muuic pality mu-
inequalities In interest, and the state In
hxing such proportion the commission may
order the amount Of such cost and expense
and damages 80 aDpOrtiOned 10 be paid By
the parties against which thu aDportion-
ment shall be made.
SECTION 1707-i2f. 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
company after notice and hearing as pro
vidsd n section 1707--12 order such al
terationS 10 ouch street highway or rail-
road as they shall deem best and shall Dc
tsFDains and direct by whom, and Wtthjn
what tins ouch alteration shall be made,
and the expense Of such alteration shall b
aDportioned and paid o. provided IN the
preceding section. Railroad companies may
take Land for the purpose Of this S@cton
and the preceding section IN Ehe manner
provided by Law for Ehs taxing OF LAND By
railroad companies.
zion upon a petition brought under the pro
visiSna Of section 1797--f2s, or DroCaed ,n2s
insutnted under the proviRions OF EeciL3A
l7BT-12f, shall aud that any street OF hlgn-
way crosses or IL crossed by the tracks OF
more than one railroad, and the tracks OF
such railroads are near together tnat
public COnPeuCe requires che "orE o. Sepa-
rating the grades 10 be done under ana n
compliance with one order, they shall give no
tice Of such proceedings 70 all the companies
operating such raiirDhdHi Gnd aIteF sHCh
notice and hearing the commission shhlI us-
teTInins what alterations snail be mace II
any, so az to EepaTate tho grades or all sucD
crossings at the same time, and small deter
mine by whom such work shall 30 DONE ana
they shall uUportlnn the Expense as pro
vided In section I787-l2e.
Section 1T97-J2h. 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 crossea
another railroad track at grade, or when
ever such petition Is 80 lodged by any raj
road company whose track crosses or 10
crossed at grade by The track OF another
railroad company To tho effect that pubic
safety requires altera tion Ia such grade
crossing or the installation, operation, and
maintenance Of some suitable protective ap-
pliancs at such grade crossing, II shall be
the duty Of the commission 10 give notice
to the proper party Of parties IN nLefssS
other than the petitioner OF the ming OF
such petition, and 10 proceed 20 investigate
the same and to order hearing thereon IN
the manner provided for hearings in section
I797-12, and after such hearing the COM
mission shall determine what alteration N
such crossing or mode Of crossing, II any
shall he made, and BY whom made ana
maintained. or what suitable protective ap-
pl'ancs shall be installed, operated, and
maintained at such crossing and By whom
installed, operated, and maintained. The
commission shall tx the proportion OF the
coat and expense of such change In grade
and the maintenance OF the crossing or OF
the installation, operation, and mainten-
ance Of such safety appliance which shall
DO paid by tina railroad companies re-
Bpectiyely.
Section 17g7-i2L The commission may,
I'm the absence Of say petition therefor,
when ln their opinion public sHfety requires
an alteration In au existing grade crossing
OF a railroad track by n railroad trace "a
longing to or operated by any railroad nr
railroads, or requires the installation, opeT-
alton and maintenance Of some suitable pro
tective appliance at such grade crossing,
after notice ard hearing as provided IN sec
tiOn 1T0I-12, order such change In suCh
crossing, OF the installation, operation, and
maintenance Of such suitable protective ap-
pllanCe at such grade crossing as they shall
deem best, and shall determine and direct
by whom and within what time such altera-
ton shall be made suCh safety appliance
shall be installed, and the cost and expense
pf such change In such crossing and OF
maintaining the crossing, or Of the instRlla-
ton operation, and maintenance OF such
safety appliance shall be GpportiOned and
paid as provided IN the preceding section;
Section 170T-12j The provisions OF
pection 179T-12h and I7aT-12i shall ap-
ply 20 all swing draw bridges, functions,
and other fouling points on ell railroads.
Section 1T97-12k. sum sufiCleut TO
carry out the provisions OF this act Is ap-
propFiatsd out Of any money in the state
treasury not otherwise appropriated.
Section .. All acts or parts of acts con-
riCting with the provisions OF this act or
with section 1T92-12d, or with the ex-
elusive exercise Of the jurisdiction herein
end hereby conferred, or conferred by sso-
ton 1T07-12d, are hereby repealed.
Section g. This act shall take effect and
be IN force from aud after It's passage and
publication
Approved June II, 1909.