The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-08-18

hold that the Commission cannot
destroy the team track in whole or in
part which their plan manifestly does
Mr.. Jones, General Manager, testifies
that the Central Vermont Road needs
a team track that will accommodate
ten or twelve cars, and that there is
no location at White River Junction
suitable for team track except the
one now in use. Nobody has disputed
this testimony; nobody knows better
than Mr.. Jones as to the needs in this
behalf. The plan therefore of the Com
mission which provides for the plat
form on the West side of the station,
destroys practically this entire track,
and at all events will not leave space
for more than one car. This team
| track stands for consideration precise
ly as the eight tracks stood at the
former hearing. There is one main
line track on the West side of the sta
ton, and seven side tracks, the team
track makes one more side track, and
| it is absolutely necessary, both to the
railroad and to its customers doing
business at White River Junction. The
Commission has not fully answered
the request OF. the Central Vermont
for findings of fact The first five re-
quests are not fully answered as to
the destruction of the team track. The
Commission say in substance that in
as much as their order does not de-
fine the length of the baggage room
structure. that therefore they cannot
state how it may affect the team
track If there be any shortage in
their report in this behalf, we request
the Court to remand the report to the
Commission with directions to report
how much, if any. of the team track
will be destroyed by the building of
the baggage room and fences recon-
mended by the Commission"
The brief for the petitioner, John |
Il. Bacon ct al as submitted by Attor
ney James G. Harvey states that
The Public Service Commission
has in the performance of its duty !
in the premises, and without un-
necessary delay addressed itself to
the discharge Of its duty and has 'ex
ercised,' it's remedial jurisdiction
and the whole matter has been
worked out ordered and 'cecr4ed
in harmony with the opinion and
judgment of this court, in these cases,
rendered at its May term 1910
"The present order and decree is in
exact conformity with that opinion
and judgment and comedies there
with.
In considering the report and or
der, the Supreme Court in that opin-
ion and judgment has well said that
'on the findings oe the Commission
ers the approach to the station across
the tracks at grade must be eliminat-
ed, and the Commissioners wisely
fixed upon a subway, or underpass,
as the proper method of rendering the
approach to the station, consistant
with the public sefety.'
This subway. or underpass, re-
ferred, to a subway or underpass un-
der four tracks and it was ordered
that the four westerly tracks of the
Central Vermont Railway there be
removed.
"The subway. or underpass proyid-
ed for in the order from which this
appeal is taken, Is to extend under all
of the tracks of the Central Vermont
Railway Company there, and does not
require that any of it's tracks shall
be removed or revised.
This order is much more favorable
to the railroads than the former or
der--for it leaves entirely to the dis
cretion of the railroads. the location
of the baggage house and platform on
the west side of the tracks, as well
as. the size of the said baggage house
and platform and it also leaves to
their own discretion the location of
the FENCES on tne west SLUG vi tlS
tracks, and it eliminates the require
ments of the previous order and de-
cree which required the subway or
underpass to be lined with special
sort of brick and provides only that
the underpass shall be of concrete
finished so as to show smooth and
white"
"The railroad companies by this
order and decree are not required to
submit to any costly and novel eX-
periments' in the construction of this
subway. or underpass, but only to
construct and maintain such an one
as is reasonably safe and convenient
for the public who have been invited
to 60 to the station and do business
there.
"The order and decree does not pro-
hibit the transportation across said
eight tracks at grade of the United
States mail. express matter, baggage.
freight and 'other commodities, or
prohibit the railroad companies from
allowing persons and teams to go to
and from the station when necessary
In the operation of the railroad busi-
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