Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-12
Grade Crossings Abolished

The Public Utilities Commission
Saturday in its first decision under
the Wheeler act passed by the Legis-
iature Of 1913 providing for the abol-
lshment of grade crossings ordered
the elimination of two grade crossings
in the town of Norridgewock. Somer-
set county. on the petition of select
men of that town. The Wheeler Act
specifies that land may be taken and
damages Gncluding special damagesl
shall be awarded and all expenses
as follows: Twenty five per cent. to be
paid by the State and 10 per cent. and
per cent. respectively by the town
Ai the railroad company.
The decision, which is one of the
most important rendered by the public
utilities commission, is in part as fol-
lows:
Chapter 147, Public Laws of 1918,
must be regarded as the deliberate
declaration of the Legislature in favor
Of the adjustment of grade crossings.
The power given the public utilities
commission under this act, must, how
ever be carefully and reasonably eX-
erCiSed and where, as in this case, the
highway commission, in furtherance
Of a Statewide plan for highways al
ters the location of an existing way
land thus discontinues it, and the
new way is to be built by the whole
State. of a character much more ex-
pensive than the way which is to be
replaced, the cost of building a road
over the new or altered location as
good as that over the old location
which it is to replace may well be
taken as a basis for apportionment of
the reasonable expense of such altera-
ton between the town and the rail-
road company.
This is a petition brought by the Sc
lectmen of the town of Norridgewock
in the county of Somerset in this
state under the provisions of Chap
ter l47 of the Public Laws of Maine
for the year 1913. entitled An Act for
the Adjustment of Grade Crossings
al Railroads"
This is the first petition brought I'M
der this chapter and for that reason is
perhaps entitled to more than ordi-
nary consideration. For some years
prior to 1913 there had been agitation
all over the State for the beginning
OF the adjustment Of the many dam
eerous grade crossings OF highways
and steam railroads, Of which there
are about lao in the state Finally.
this opinion that a start ought to be
made crystallized into law by the act
Of 1913, which act must be regarded
as the deliberate, carefully consider
ed desire and policy OF the State This
act provides, in substance, that the Sc
ectmen may petition this commisSion
for the adjustment or alteration of
any such crossing, the closing Of
crossing and the substitution therefor
of another not at grade, etc. 1t is also
provided that to facilitate such abol-
lshments, alteration. change or re-
moval, highways or other ways may
be raised or lowered or, the courses
of the same may be altered to permit
railroad to pass at the side thereof
The commission finds that the pres
ent highway in the town Of Norridge-
wock and the one named in the petit
ton is the one commonly called the
River Road and leads from Madison to
and through Norridgewock. In the
- town it is crossed at grade by
tISs Maine Central Railroad twice in
5000 feet; these crossings are locally
4 SS SSAAooli Dig
oees. Each is exceedingly danger
ous-Bisbee's on account Of the view
! OF the railroad tracks being obscured.
and Stinson's because the approach to
the crossing is down a steep hill with
sharp curve near the railroad tracks.
~ Is In the interest Of public safety
mat both crossings be abolished. The
state highway department, in carry
ing out its comprehensive plan for
highways throughout the State has
MADE survey and plan Of this par
slcuiar locality, and proposes under
saio chapter lat to alter the course
OF said highway so as to tan imme-
olately southerly Of the present rail-
road crossing at Bisbee's and ioin it
again Immediately northerly of the
present railroad crossing at Stinson
1'li' thus altering the existing way 20