The Republican journal. [volume] (Belfast, Me.) 1829-current, 1917-04-05


ton of any corporation organized I'M
der section seven of this chapter shall
provide for an issue of preferred stock
and shall also provide that such stock
may be called in and retired at any
price stated in the provisions describ-
ing the preferences of such shares, such
stock shall not be thus called in or
retired if thereby the property and as
sets of the corporation shall be re-
duced below the amount of its out
standing debts and liabilities.
Amy officer or member of corpora
tiCn who votes for or aids in the calling
and retiring of preferred stock in vio-
lation hereof shall be fined not exceed
ing two thousand dollars and imprisoned
less than one year; and all sums re-
ceived for such stock so called In and
retired in violation hereof NAV be re-
covered by any creditor of the corpor-
alton in an action on the case.'-(Ap
proved March 81, 1919
cHAPrER l45.
An Act to require automatic signals ana
the removal of distractions at certain
grade crossings not protected by gates
or fagmen.
Whereas, the installation and opera
ton of automatic signals so-called
tain grade crossings in this State are
necessary for the preservation of the
safety of the public. and
Whereas, such necessity makes the
immediately necessary for the preser-
walton of the public peace, health or
safety. now, therefore
Section l. The public utilities com
mission is hereby given authority to
require each steam railroad company
operating within this State to install, op-
crate and maintain an automatic sig
nal at any highway crossing within
TINS state where, after reasonable no
tice and hearing, said commission shall
decide that public safety requires such
signal as proper measure of protec-
ton The expense of installing, oper-
ating and maintaining any such signal
shall be borne by the corporation oper-
ating the railroad passing over the
crossing to be protected Wherever the
tern signal or automatic signal is
used in this act. same shall be construed
to be an appliance which gives warning
OF the approach of a train and which
is audible and visible by day and by
night.
Section 2 Immediately upon the pas
sage of this act, the public utilities COM
mission shall designate by general or
ders, which may be issued without for
NAL notice or hearing, the grade cross
ings in this State at which, from all
points on the highway or other way
within one hundred and fifty feet of
such CROSSINGS and on either side there
of measured along said highway or way
a traveller on the way carrying such
crossing can have q fair view Of an ap-
preaching train. engine or car continu-
ously from the time such train, engine
or car is three hundred feet from such
crossing until it has passed over the
same, either under existing conditions
or by bushes trees, fences, signboards
or Entertainments being trimmed, cut
down or removed as hereinafter pro-
vided
Section g. AT every crossing desig-
mated under the provisions of the pre-
ceding section and at every crossing
of a highway or other way and an cleo
trio railroad at grade the municipal off,
GERS of the town in which the crossing
is located are given authority and are
hereby required, when by order directed
so to do by the public utilities commits
sion, after ten days notice to all per-
sons interested. to remove embank-
ments and other INSTRUCTIONS within
highway limits and TO enter upon pri-
vate property and properly trim. cut
down or remove bushes. trees, fences,
s1gnboards and entertainments which OBJ
struct the view of an engine, train or
car by a traveller at or near any such
crossing. The authority of the commits
sion in any order and of the municipal
officers acting hereunder shall not ex-
tend beyond q point one hundred and
fifty feet on either side of any such
crossing measured along the highway
or other way or beyond point three
hundred feet on either side of any such
right VT way, the purpose herein being
TO enable traveller on any such way,
when such traveller is one hundred and
fifty feet or less distant from any such
crossing, to have a fair view of an APP
preaching train, engine or car conttn-
uously from the time such train, engine
or car is three hundred feet from such
crossing until it has passed over the
same.
Section 4. Within such time as said
commission by order directs such NUM-
cipal officers shall cause such bushes,
trees. fences, Signboards or encroach-
IN he tri1,1 a6 Dr o
moved, and the expense thereof shall in
the first instance be paid by the city,
town or plantation wherein the labor
is performed, but upon the filing with
the governor and council of proper proof
of such payment one-half of any such
amount shall be repaid by the State to
such city town or plantation, the Same
to be paid out of any funds not other
wise appropriated.
Section 5. If any person claims dam
ages on account of any act done under
the two preceding sections, he may
within two years after the doing of
any such act, petition the public utilities
commission to assess his damages and
the said commission, after reasonable
notice to the petitioner and to the inter-
eSted city, town or plantation, and after
hearing, Shall award such sum as seems
proper as damages to be paid by the
city, town or plantation wherein the
property is located. Upon proper proof
of any such payment the governor and
council shall cause one-half thereof to
be paid by the State to such city, town
or plantation.
Section 6. Nothing in the four pre-
ceding sections contained shall author
1ze the removal of any building without
the consent of the owner thereof
Section T. So much of section one
hundred eleven of chapter twenty-four
of the Revised Statutes as authorizes
the State highway department to enter
upon private property at railroad cross.
ings for purposes named therein is here
by repealed.
Section s. Obstruction or interior
ence with the performance of any act
authorized or required hereunder is
hereby declared to be a misdemeanor
and any person convicted of the same
shall be fined not more than twenty
dollars or imprisoned not more than
thirty days. Jurisdiction over each
such offense is hereby conferred on each
municipal court and trial Justice in the
State.
Section 9. Within sixty days after
the passage of this act the public utilt-
steam railroad company operating in
this State a list of its grade crossings
at which in the opinion of the commission
automatic signals should be installed
operated and maintained or some other
form of protection given to travellers
on the highway or other way, and shall
order a date for public hearing there
on. at which time the respective rail-
road companies shall show cause why
such protection as suggested by said
commission should not be given With
in thirty days after said hearing the
commission shall determine and, by