Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-04-25
NO. 1856.

NO. 1856.
AN ACT TO AMEND SECTION 4s46
OF THE PUBLIC STATUTES AS
AMENDED BY SECTION OF NO.
I4S OF THE ACTS OF 1915, RE-
LATINO TO THE ELIMINATION
OF GRADE CROSSINGS.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. Section 4s46 of the Public
Statutes as amended by section of No.
I4S of the acts of 1915 (Sec. sI72 of
the General Laws, as proposed) is here
by amended so as to read as follows:
Sec 4546. (Sec. sI72 G. L. Every
corporation operating steam railroad
in this state shall annually, before the
thirty-frst day of December of each
year, expend not less than seventy-five
dollars for each mile of railroad oper-
ated by it in this state, measured as
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
than one grade crossing in any town in
any one year shall be abolished when
II, kato
ton of an underpass or overpass at such
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
Their removal of grade crossings in said
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 exces.
lover said minimum amount shall be de.
Quoted from the amount that said rail.
road corporation is required to expent
in removing grade crossings in the mex
succeeding year. Said commission, upor
application therefor, or upon its owr
initiative, and after notice and hearing
and for cause shown, may exempt any
railroad corporation in whole or in par
from the requirements of this section
Notice of the time, place and subjec
+. matter of any hearing under the pro
visions of this section shall be given b,
said commission to the attorney general
who shall, by himself, or through tn
states attorney of the county where sucf
, hearing is to be held, attend such hear
ing and represent the interests of tn
state.
. Sec. 2. This act shall not affect pro
ceedings heretofore commenced or nov
pending before the public service com
mission for the removal of any grad
, crossing. nor shall it in any way affec
|, any legal obligation or liability of an,
! railroad corporation, heretofore accrued
to remove grade crossings upon the line
J. of road operated by it, and, as to al
I such, the provisions of section 4s46 o
the Public Statutes as amended by sec
ton of No. I48 of the acts OF IoI
3 (Sec. 5I72 G.. l.. are hereby continued
Section 4553 Of the Public Statutes Use,
$ 5I78 G. L.j is hereby repealed, except
J. ing as to the matters and things cor
!, tanned in this section and as to all sue
q the provisions of said section are hereb
continued.
q Sec. 3. THIS act shall take effee
= from its passage.
J. Approved March 80, 1917.