The Republican journal., 1917-04-05

roads operated by steam whose lines
form continuous line Of. transportation
the construction and maintenance Of
switch connection or interchange track
at connecting points, to establish through
routes, and joint rates, fares, charges
and classif1cations for the transportation
of property or passengers, provided there
is no reasonable existing through route
between the places it is desired to serve
Section 2. On failure Of such railroads
to establish Joint rates, fares, charges or
classfications, as provided in the pre-
ceding section, the commission may, in
the same proceeding, or in a separate
proceeding involving rates, fares, charges
or classiflcations. prescribe Joint rates,
fares, charges and classifcations as the
maximum to be exacted for the trans
portation by them of property or pas
sengers. and if such companies cannot
agree as to the division of rates, fares,
or the conditions under which such
established or such cars or other equip
ment, operated, the commission may,
after due hearing, determine and pre-
scribe the proportionate portions Of such
through rates, fares or charges payable
to each of such companies necessary to
the establishment of such through routes
or transported ton and the conditions I'M
der which such through routes or trans
portation shall be established, or the con-
dtions under which such cars or other
equipment shall be operated.
Section 3. In establishing any such
through route the commission shall not
req lire any company without its con-
sent, to embrace in any such route sub
stantially less than the entire length Of
the railroad owned, leased, operated or
controlled by it, or operated in conJunc-
petition under this section as the munich
ton and under a common management
herewith, which lies between the places
to be served by such through route.
Nothing herein contained shall be con-
strued to require, or as authorizing the
commission to require. any steam rail-
road to "short haul itself or to give the
use of it's tracks or of its terminal facill-
ties to another carrier engaged in a like
or similar business.-(Approved March
Is, 1870
CHAPTER 81
Ar Act to amend Section thirty of Chap
ter twenty-four of the Revised Statutes,
relating to the crossing of railroad
tracks by town ways and highways.
Section thirty of chapter twenty-four of
the Revised Statutes is hereby amended
by striking out all of said section and
substituting therefor the following:
Section 80. Town ways and highways
may be laid out across, over or under any
railroad track, except that no/such loca-
ton shall be legal or effective, nor shall
any such way be constructed, unless the
public utilities commission, on appllca-
ton of the municipal o1Ncers of the city
or town, wherein such way is located or
of the parties owning or operating the
railroad, shall, upon notice and hearing,
determine that such way shall be per-
mitted to cross such track. Said COM
mission shall have the right to refuse its
said permission or to grant the same up
on such terms and conditions as it may
prescribe including the manner and con-
ditions in accordance with which the way
may cross such track and whether the
expense of building and maintaining so
much of said way as is within the limits
of such railroad shall be borne by such
railroad company, or by the city Of town
in which such way is located, or shall be
apportioned between such company and
city or town as may be determined by
said commission. Said commission shall
make a report in writing of Its decision
thereupon. file the same in Its office and
cause to be sent by mail OF otherwise to
each of the railroad corporations, and the
municipal officers of the city or town as
the case may be, Interested therein,
copy Of such decision Such decision
shall be final and binding upon all par
ties unless an appeal therefrom shall be
taken and entered at the next succeeding
term of the supreme judicial court, to
be held in the county where the crossing
is located more than thirty days after
the date of the filing of the report; and
said public utilities commission shall be
made a party defendant in such appeal
and entitled to be heard in all subsequent
proceedings Hdu upOli ouSlI dpPCdi. LIN
appellant shall within fourteen days from
the date of the filing of such report, hle
in the office of the public utilities COM
mission it's reason for appeal and four
teen days at least before the sitting of
the appellant court it shall cause to be
served upon such other interested cor
porations or municipality copy of such
reasons for appeal certified by the clerk
of the public utilities commission. Inc
presiding justice at such term or court
or5o mr. dnnraa thereon
as law and justice may require. EXcep-
lions may be taken to such order or de-
cree. The final adjudication SHAH be re-
corded as provided in section thirty-thfee
of this chapter and a copy OF such maj
decision sent to the public utilities com
mission by the clerk of the court where
such final adjudication is made Costs
may be taxed and allowed to either party
at the discretion of the court. approved
March Is. 1919
An Act to amend Section thirty-four o.
Chapter twenty-four of the Revised
Statutes relating to highway crossings
of railroads.
Section thlrty-four of chapter twenty
four Of the Revised Statutes Is hereby
amended by striking out of said section
the first twenty words thereof and SUBJ
shutting therefor the following: Any
railroad company, or the municipal ON
GERS of a CITY or town in which public
way crosses or is crossed by railroad,
whether such crossing be at grade or
otherwise and by striking out the words
mot at, grade" in the sixth line OF SAID
section so that said section as amended
shall read as follows:
Section 81 Any railroad company, or
the municipal officers of a city or town
in which a public way crosses or IS
crossed by a railroad, whether such
crossing be at grade or otherwise, may
file a petition in writing with the public
utilities commission alleging that public
sa few REQUIRES the adjustment of or an
alteration in such crossing or its APP
proaches; or a change IN the method OF
crossing a public way; or the closing of a
crossing and the substitution OF another
therefor: or the removal of instructions
to the sight at such crossing, and pray
ing that the same may be ordered;
whereupon said commission shall appoint
a time and place for a hearing thereon
after notice Of not less than ten days to
the petitioners, the State highway com
mission; the corporation, the municipality
in which such crossing is situated, the
owners or occupants of the land adjoin-
ing such crossing, or adjoining that part
of the way to be changed in grade, and
to the attorney general of the State,
whose duty 1t shall be by himself or
through the county attorney Of the
county wherein the crossing Is located, to
represent the interests of the State at
such hearing. After such notice and
hearing the commission. shall determine
what adjustment. alteration. change or
removal, if any, shall be made for pub
lie safety and by whom such adjustment,
nhar ca n~ mol hn