Der Sonntagsbote. (Milwaukee, Wis.) 1906-1912, 1909-07-11

iodeed % Whenever such petition Is 50
trsst e any railroad COMMAND whose
crossed asss Or Is al TO cross. or IS
I. nish"ay 70 the eject thar u16,ie safety
sales an alteration IN such Crossing us
ION az ~ tEs Method Of crossing, the loca-
o. 4 $3.50 y hWay or crossing, the closing
pighway crossing, aud the Substituted
rero--et therefor, not AZ grade, or the
crassiss OF distractions to the view al such
- HAs or requires tae determination
1e node and manner Of making such
~ Tossing and praying that the same
he rs ordered Il shall be the duty OF
10y or parties IN interest other than the
@eenef. OF the ding OF such petition and
~ proceed . Investigate the sams and TO
nearing thereon In the manner pro-
eesa Tor hearings In section 1797-12. and
-tset Aueh hearing the commission shall de-
,.1Ille what alteration in such crossing, APP
f.oae.es' mode OF crossing, location Of high
Nsy crossing, and the substitution OF an
Lex therefor not al grade. or removal Of
o.sifnetlons 70 sight Al crossing, II any,
saall Be made, and BY whom made, and IN
case u new crossings the mode and manner
q making them. The commission shall tx
1 we proportion Of the cost and expense OF
&SatA alteration, removals and new cross
lags, including the damages 70 any person
NAose land is taken. aud the special dam
ases which the owner OF any and adjoining
we public street or highway shall sustain
y reason Of such change in the grade Of
eueh street or highway. or " reason Of the
removal Of obstruetic9s 20 view al such
~ - RA4l " u NaAlEllu COmr
any or companies. the municipality or mu-
ctpalities In interest, ana the state. In
INC such proportion the commission may
der the amount Of such cost and expense
d damages SO apportioned to be paid by
par.1es agai2st which the apportion-
nj shall be made.
Section 1T97-12f. The commission. NAV
the absence OF any petition therefor,
en- IN their opinion public safety requires
alteration In any street or highway
ssed at grade BY any railroad or rnilroad
I'D "1IglnE 10 or dgerafpC hV mora than ma
1pany, after notice and hearing as pro-
led In section 1T97-i2, order such al
terauons In such street or highway or rail
road as they shall deem best and shall de-
termine and direct by whom, and within
what time such alteration shall be made,
eno the expense Of such alteration shall be
apportioned 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 and BY
railroad companies.
Section I797-I2g. When the commits
sion upon a petition brought under the pro
instituted under the provisions OF section
1Is1-l2f, shall ind 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 conyience 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-
termine 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 De done. and
they shall apportion the expense as pro
yided In section 1797-l2e.
Section 1797-12h. Whenever a 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 q railroad track crosses
another railroad track az 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, It shall be
the u { OF the commission % give notice
70 the proper party or parties 10 interest
other than the petitioner OF the filing Of
such petition, and to proceed to investigate
the same and 70 order q hearing thereon in
the manner provided for hearings in section
1I97-12, 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-
plianee shall be Installed, operated, and
maintained at such crossing and by whom
Installed, operated, and maintained. The
commission shall tx the proportion Of the
cost and expense Of such chaDge In grade
md the maintenance Of the crossing or Of
me installation. operation, and mainten-
ance Of such safety appliance which shall
81 paid By the railroad companies, re-
erectively.
Section 179T-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 e. railroad track by a railroad track be-
iongtng to OF operated by any railroad OF
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 as they shall
deem best, and shall determine and direct
by whom aud within what time such Rltera-
tion shall be made or such safety appliance
shall be Installed, and the cost and expense
ef such change In such crossing and OF
maintaining the crossing, or OF the installa-
ton. operation. and maintenance Of such
paid as provided In the preceding section.
Section l797-12l The provisions OF
section 17g7-12h and 1I97-12i shall ap-
ply 70 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-
with section 17e2-I2d, or with the ex-
elusive exercise Of the jurisdiction herein
and hereby conferred, or conferred BY sec
ton 119I-12d, are hereby repealed.
Section 8. This act shall take effect and
be In force from and after It's passage and
publication.
Approved June II. 1909.