The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-01-10
TO USE LOCOMOTIVES
On Electric Road Between PoWnal
and Bennington


plications that have arisen through
the efforts of the Boston and Maine
railroad company to secure the nee
essary legislation to permit the use
OF locomotives on the line of the Ben
nlngton and North Adams Street rail-
way company, the following bill was
reported in the House Friday from
the committee on street railways:
II. 5S7. An act to repeal an act
entitled An Act relating to the oper-
alton of Railroads" approved Novem-
Der H., 1910;
BY striking out all after the enact
ing clause and inserting In lieu there
of the following.
Section /. The Boston and Maine
Railroad and its successors as lessee
Iof the Fitchburg Railroad, may use,
in addition to or substitution for any
system OF motive power which 1t now
uses or Is authorized to use, electric
lty as a motive power over that sec
ton of the Fitchburg Railroad extend
ing from the north line of Williams
town in the Commonwealth Of Massa-
chusetts through the town of Pownal
W AbI 1doi ilnt vi llt tOnu vi Clti D
burgh In the State of New York and
may make all necessary changes and
additions TO its said railroad and
property for the Introduction and use
of such motive power on said section,
and. when so made, may permit the
Bennington and North Adams Street
Railway Company or any other cor
lporation, hereafter owning that part
OF its street railway located in the
towns of Bennington and Pownal, to
conect with and operate its cars and
trains by electricity over that part
of said Fitchburg Railroad extending
from some point in the village of
South Pownal, so-called, in said town
Of Pownal. near its station, southerly
to said north line of Williamstown;
and said Street Railway Company,
when permitted by said Railroad COM
pany, Is hereby authorized so TO do.
And said Street Railway Company or
any other corporation hereafter own
Ing or operating said Street Railway
In addition 10 or substitution for the
motive power which It now uses, or
any power which II is authorized to
use, may use steam as motive pow
er upon that section OF its railway,
as now located, extending from said
point OF connection in said village Of
South Pownal northerly through said
town to the north line thereof and
beyond to Beach Street In the village
of Bennington in the town OF Ben
ningtOn. and may permit said Bos-
ton and Maine Railroad company and
its successors TO operate its trains
and cars over said section OF fits rail-
way, and in such operation to use as
a motive power steam or electricity
Tor both: and said Railroad Company
Is hereby authorized and empowered,
when permitted by such railway COM
lpany, TO so operate said section Of
said railway but always under and
Isubject TO such regulations and con-
ditions as the Public Service Commits
sion may prescribe.
Section ?. Said section OF the lines
lof said Bennington and North Adams
Street Railway company shall when
operated upon by steam as a motive
power be subject to the provisions Of
Act No. i25 of the Laws Of 1906 Re
lating to Railroad Crossings"
Section 3. Before any change au-
thorized under the provisions Of this
act shall be made, the said Boston
and Maine Railroad OF It's successors,
and said Bennington and North Ad.
ans Street Railway company or any
other corporation hereafter owning
that part of its street railway. locat
ed In the towns OF Bennington and
Pownal, shall give notice forthwith
to the owners or occupants OF lands
through which said section OF said
Fitchburg Railroad and said street
railway pass, wherever such change
or substitution Is TO be made: and Il
any such owner or occupant shall cor
slider himself aggrleved by such op
= erations, and II the parties do moi
: agree. any superior Judge or any
J Judge OF the supreme court shall. up
on Application for that purpose by
either party. appoint three disinter
ested commissioners, one OF whom
5 shall be an inhabitant OF the tow
, where the land affected lies. II with
! In Bennington County. and all o
= whom shall be inhabitants OF salt
Q county, who. shall determine VIVA
damage, II any, such owner or occu
4 pant Is entitled to recover by reason
, OF operations under the provisions o
u this act.
9 Section The commissioners shall
give twelve days notice In writin
10 the parties OF The time aud plac
l. when and where they will attend Z
tho ascertalnment Of such damage
!, either party resides without thi
u state and has some known agent o
o attorney residing In this state, sue
,, notice may be given In the name
Q hereinbefore provided to such know
q agent or attorney; and II such part
! residing without the state has n
y known agent or attorney rosidin
\, within this state, such notice ma
y be given by mailing the same TO N
~ last known postoilice address OF sue
IN party
y Section When said commission
g ers have determined the amount
" such damages, II any. they shall wit
u In twenty days notify each party
D. writing OF their findings Upon q
payment OF the damages determine
I'd upon by said commissioners. n an
"a and upon payment OF the costs al
Nv charges thereupon accrulng, or upS
deposit OF the amount OF the same
II. such bank as said commissioners ms
w direct. 10 the credit Of the person.
persons. to whom the damages ha'
nm been awarded. II any, said nostS
ca and Maine Railroad and It's success
or ura aud ratd uonninvfnn aud Nor
M Adams street Railway Company.
,,r any other corporation hereafter ow
IT. ing that part OF It's street railwa
located In the towns OF Benningt'
sc and Pownal, may conduct operation
OF within the limits described In scctl'
ms two and In accordance With the N