Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1917-04-25

L
LATINO TO THE ELIMINATION
OF GRADE CROSSINGS.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. Section 4546 of the Public
Statutes as amended by section I of No.
I4S of the acts of 1915 (Sec. 5I72 of
the General Laws, as proposed) is here
by amended so as to read as follows:
Sec. 4546. (Sec. 5I72 G. Id Every
corporation operating a steam railroad
in this state shall annually, before the
thirty-flrst day of December of each
dollars for each mile of railroad oper-
ated by it in this state measured as a
single track road with sidings and yard
tracks excluded, in the removal of grade
crossings. The first of such crossings
to be removed in each year shall be
that which, in the opinion of said COM
mission, is among the most dangerous
upon the lines operated by the railroad
corporation removing such crossings
and the remaining crossings so to be
removed, if any, shall be those which, in
the opinion of the directors of such cor
poration, are among the most dangerous
upon the lines operated by such railroad
corporation; provided that not more
-
any one year shall be abolished when
such change necessitates the construc-
ton of an underpaSs or overpass at such
crossing. unless such towns consent and
agree thereto; and If any railroad cor
poration on the first day of January of
any year shall have failed to expend the
amount that it is required to have ex-
pended prior thereto by the provisions
of this section, said commission shall
order said railroad corporation to expend
said amount which it has failed to ex-
pend as aforesaid, In removing such
crossing or crossings, as, IN the opinion
of said commission, said railroad cor
poration should have removed under the
foregoing provisions; and said commits
sion, in so doing, shall proceed in all
respects as If the general manager or
attorney of said railroad corporation
had voluntarily applied therefor. Said
commission, however, upon application
therefor, or upon its own initiative and
after notice and hearing, if it be of the
opinion that the amount to be expended
by any railroad corporation in any single
year under the provisions of this section
or any unexpended part of such amount
is not sufficient to meet the apportion-
ment that should be borne by said rail
road corporation in the removal or fur
year, may order said amount or said
unexpended portion of such amount to
be expended by said railroad corporation
in the removal of grade crossings in any
succeeding year IN addition to the
amount that said railroad corporation is
regularly required to expend in such
succeeding year under the provisions of
this section; and if any railroad cor
poration on the first day of January of
any year shall have expended in remov-
ing grade crossings more than the mini
mum amount that it is required to have
expended to said date under the pro-
visions of this section, then such excess
over said minimum amount shall be de-
Quoted from the amount that said rail-
road corporation is required to expend
in removing grade crossings in the next
succeeding year. Said commission, upon
application therefor, or upon its own
initiative, and after notice and hearing
and for cause shown, may exempt any
railroad corporation IN whole or in part
/ from the requirements of this section
1 Notice of the time, place and subject
matter of any hearing under the pro-
visions of this section shall be given by
J said commission TO the attorney general,
/ who shall, by himself, or through the
states attorney of the county where such
near Ing Is 10 Dc n6iQ, dIIGfQ SuCn near
I ing and represent the interests of the
state.
Sec. 2 This act shall not affect pro-
ceedings heretofore commenced or now
lpending before the public service COM
mission for the removal of any grade
crossing, nor shall If IN any way affect
any legal obligation or liability of any
railroad corporation, heretofore accrued.
to remove grade crossings upen the lines
iof road operated by If, and. as to all
such, the provisions of section 4546 OF
the Public Statutes as amended BY sec
Ition I OF No. I48 of the acts of IoIs
4 (Sec- 5I72 O. ID are hereby continued
Section 1883 of the Public Statutes (Sec
l5I78 G. IL IS hereby repealed, except
ing as TO the matters and things con-
tanned in this section and as TO all such
the provisions OF said section are hereby
4 continued
| Sec. 3. Tins act shall take effect
from ifs passage
| Approved March 80, 1917