HOUSE No. 804.

Commomocaltl) oi iilassacljusctts.

House of Representatives, May 81, 1894.

I he committee on Finance, to whom was referred the Bill to incorporate the Elevated Railroad Company, rej )rt that it ought to pass in a new draft herewith sub- mitt ed. For the Committee

HENRY Y. SIMPSON. 9 BOSTON ELEVATED RAILWAY CO. [May

Commomumitl) in iUaesacljusctts,

In the Year One Thousand Eight Hundred and Ninety-four.

AN ACT

To incorporate the Boston Elevated Railway Com- pany.

/ House of Hi

(I ( m y 'horitv of th same, as J 1 Section 1. Joe AC Meigs, Thomas AV. Hyde, 2 AYillard Howland, Theodore AV. Alyers, Joseph 11. 3 O’jSTeil,Fred C. Patch, Charles A. AVhittier, Abram 4 S. Hewitt, Samuel AI. Roosevelt, William S. Butler, 5 George 11. Towle, AVilliara Spalding and Herman 6 Haupt, their associates and successors, are hereby 7 made a corporation by the name of “ Boston Ele- -8 vated Railway Company,” with all the privileges 9 and subject to all the duties set forth in all general 10 laws which now are or may hereafter be in force 11 relating to railroad corporations, so far as applica- -12 ble, except as hereinafter provided, but said corpo- -13 ration shall not be obliged to transport freight or 14 baggage. 1894 HOUSE —No. 864.

1 Sect. 2. The capital stock of said Boston 2 Elevated Railway Company shall be not less than 3 ten million dollars, divided into shares of one 4 hundred dollars each. The capital may be in- 5 creased from time to ti ne by vote of the directors 6 of said corporation to an amount not exceeding 7 twenty million dollars in all. Sections thirteen, 8 sixteen and seventeen T chapter one hundred and 9 thirteen of the Public Statutes shall apply to the 10 issuance of such capit ill stock. Said corporation 11 may issue coupon or r sgistered bonds. The first 12 mortgage bonds of i :aid corporation shall not IB exceed in the aggreg ite the sum of twenty mil- 14 lion dollars. It may issue its bonds to provide 15 means for construction and equipment, and for 16 funding its floating debt, and for the purchase of 17 such real or personal estate as may be necessary 18 or convenient for the operation of its road, and in 19 payment of any debt of said corporation. It may 20 mortgage or pledge as security for the payment of 21 its bonds, its franchise and any or all of its real 22 or personal property, ind property to be there- 28 after acquired by it. 24 The company shall not apply the proceeds of 25 its bonds to any other purpose than those herein 26 specified, and may be enjoined from so doing by 27 any justice of the supreme judicial or superior 28 courts upon application of any party interested.

1 Sect. 3. Said corporation may locate, con- -2 struct, equip, maintain and operate lines of the 3 Meigs system of elevated railway upon the sev- 4 BOSTON ELEVATED RAILWAY CO May,

4 eral streets, highways, places and routes herein 5 designated and fixed, to wit: 6 First, commencing at a point on Main street in 7 or near and thence running 8 through and over Sullivan square, over Main 9 street to and through City square, to and through 10 Warren avenue, to and through and near or over 11 Warren bridge crossing Charles river, to and 12 through Beverly street, and through Causeway 13 street, to and through Canal street, to and through 14 Haymarket square, to and through Washington 15 street, to and through Adams square, to and 16 through Devonshire street, to and through State 17 street, to and through , to and 18 through Post Office square, to and through Milk 19 street, to and through , to and 20 through, over, on or near Federal street bridge, 21 across Fort Point channel, to and through Dor- -22 Chester avenue, to and through West Broadway, 23 to and through Dorchester street, to and through 24 East Second street, to City Point at Marine Park; 25 with a branch line commencing at City square at 26 the junction of Warren avenue in Charlestown 27 district, thence via City square to and through 28 Chelsea street, to and through, near or over Chel- -29 sea bridge across the Mystic river, to and through 30 Broadway, Chelsea, to the Revere line; also a 31 branch commencing at Dorchester avenue and 32 West Broadway, and running through Dorches- -13 ter avenue to the Milton line. 34 Second, commencing at a point on Bow street 35 in Somerville, near its junction Avith Walnut 1894. HOUSE —No. 864.

36 street, thence over Bow street, to and through 37 Union square, to and through Webster avenue, to 38 and through Cambridge street, to and across 39 Craigie bridge or across Charles river under the 40 supervision of the board of harbor and land com- -41 missioners upon a new bridge near the foot of 42 Bent street to a point on Charles river embank- -43 ment, between Allen and Poplar streets in Bos- -44 ton, thence across Charlesbank, to and through 45 to Leverett street, through Lev- -46 erett street, to and through Brighton street, to 47 and through Lowell street to Causeway street, 48 through Causeway street, to and through Port- -49 land street, to and through Merrimac street, to 50 and through Washington street, to and through 51 Adams square, to and through Washington 52 street to its junction with Hyde Park avenue; 53 with a branch line starting from the junction of 54 Washington and Warren streets and running 55 through Warren street, to and through Blue Hill 56 avenue to Vaughan street. 57 Third, commencing at a point in Brattle square 58 in Cambridge, thence running through Brattle 59 square, to and through Harvard street, to and 60 through Main street, near Harvard square, to and 61 across the Charles river via West Boston bridge, 62 at or near or parallel to it, to Cambridge street in 63 Boston, or by the most convenient route from the 64 point of deflection from Main street, to and 65 across a new bridge as hereinbefore provided, to 66 Boston, and from said bridge across Charles- -67 bank, to and through Charles Street to Cam- BOSTON ELEVATED RAILWAY CO. [May,

68 bridge street, and thence along Cambridge street 69 to and through , to and through TO Court street to , to and through 71 Court street or , to and through 72 Tremont row, to and through Treraont street, i o to and through Pynchon street, to and through 7 4 Centre street to the corner of May street; with t o a branch from the junction of Tremont and Boyl- 76 ston streets, through , to Berkeley 11 street, through Berkeley street to Saint James’ 78 avenue, through Saint James’ avenue to Hunt- 79 ington avenue, and through , 80 to and through and Washington 81 street, to Village lane in the town of Brookline; 89, together with a branch or spur commencing at or 83 near the junction of River and Main streets in 84 Cambridge aforesaid, and running thence along 85 River street to Cambridge street bridge, thence 8G across the Charles river over said Cambridge 87 street bridge or over a bridge to lie constructed 88 near the same, to Cambridge street in Boston, 89 thence through Cambridge street and Washing- 90 ton street to Oak square in that part of Boston 91 called Brighton. 92 Together with such spurs, branches, sidings 93 turnouts, connections, deflections, switches, exten- 94 sions and loops in connection with any of the 95 aforesaid lines as may be authorized by the rail 96 road commissioners. The locations aforesaid may 97 be varied or altered within the limits of any city 98 or town by a written agreement signed by said 99 railway company and a majority of the members 1894.1 HOUSE —No. 864.

100 of the board of aldermen of such city or a major- -101 ity of the selectmen of such town. None of the 102 foregoing locations hall be considered as per 100 manently fixed until they shall have first been 104 approved by a majority of the mayor and 105 aldermen of the city or a majority of the select- -100 men of the town wherein are such locations. 107 A certificate duly signed by said Boston Ele- 10S vated Railway Company, and a majority of the 109 mayor and aldermen of a city or a majority of 110 the selectmen of a town, setting forth the loca- -111 tions agreed upon in such city or town, and filed 112 with the secretary of the Commonwealth, shall 113 be conclusive evidence of the permanent locations 114 of the lines of railway of said corporation, and 115 of the right of the corporation to commence the 115 work of construction thereon.

1 Sect. 4. The location, construction, mainten 2 ance and operation o fid lines of railway in any 3 public way shall entith parties having an estate in 4 such way or in riremise ; which abut thereon, and 5 who are damaged more nan they shall be hem 6 fited by reason of t ion, construction 7 maintenance and operation of said lines of rail- -8 way, to recover reasonable compensation in tin 9 manner herein provided Any such person may 10 at any lime within three years after the construe 11 tion of such railway upon or in front of his 12 premises, file in the cle k’s office of the superior 13 court for the county where his said premisei 14 lie, a petition, setting forth his claim and Hie BOSTON ELEVATED RAILWAY CO May,

15 amount thereof against said corporation, together 16 with his estimate of the fair market value of said 17 premises. lie shall give to said corporation 18 fourteen days’ notice of the filing of such petition, 19 and answer thereto shall be filed by said corpo- -20 ration within thirty days after the return day of 21 such notice. The petition shall be heard before a 22 jury, if either party claims such right at the time 23 of the filing the petition or the answer thereto; 24 otherwise the same shall be heard before the 25 court without a jury. 26 The finding shall be on the following questions, 27 to wit: First. “ Has the petitioner’s estate been 28 damaged more than it has been benefited or im- -29 proved in value, by reason of the location, con- -30 struction, maintenance and operation of such 31 railway?” Second. “If so, how much?” 32 If the answer to the first question shall be 33 “ No,” a verdict shall be rendered for the corpora-

-34 tion ; otherwise, a verdict shall be rendered for 35 the petitioner for the amount found in answer to 36 said second question.

1 Sect. 5. Said corporation may locate stations 2 at convenient points, with suitable exits and 3 approaches to and from the street and the same 4 may be located over any street or way. Said 5 corporation shall construct a station in Adams 6 square, and in Scollay square, which shall connect 7 its several lines of railway, and for that purpose, 8 and as a part of said station, shall construct an 9 elevated passageway through and over Brattle 1894.] HOUSE—No. 864. 9

10 street. Said corporation may lease, purchase or 11 otherwise take the fee of land for the purpose of 12 constructing its railway, buildings, shops, stations, 13 engine and car-houses, and for any purpose neces- -14 sary for the construction or convenient use by 15 said corporation, or the public, of its said railway, 16 and for such purposes may take any private 17 property in the manner in which land may be 18 taken for the construction of railroads as set forth 19 in sections ninety-five and ninety-seven of chap- -20 ter one hundred and twelve of the Public Statutes. 21 Said corporation shall pay all damages occasioned 22 by the taking of such land or private property in 23 accordance with the provisions of this section and 24 such damage on the application of either party 25 shall be estimated and determined in the manner 26 provided in reference to the assessment of damages 27 occasioned by the laying out of highways.

1 Sect. 6. The corporation shall, upon the entry 2 of judgment pursuant to findings upon the fore- 3 going provisions of section four and section five, 4 pay or tender to the judgment creditor the amount 5 of such judgment, with costs. If such payment 6 or tender shall not be made within thirty days after 7 the entry of such judgment, the court in which the 8 same has been so entered shall issue its warrant 9 of distress to compel the payment thereof, and if 10 the corporation, for thirty days after such warrant 11 has been issued, neglects to satisfy the same, then 12 all the right and authority of said company to entei 13 upon or use the land or property, except for mak- 10 BOSTON ELEVATED KAILWAY CO [M«y.

14 ing surveys, shall be suspended until the payment Id of such judgment, and said court may make such 10 other orders and decrees in the premises as jus- -17 tice shall require.

1 Sect. 7. Whenever said corporation shall 2 make any excavations in or near any public high- 3 way or shall set any foundation, pier or post in or 4 near the same, the surface of the street, sidewalk 5 or other ground shall be restored as soon as prac- G ticable to the condition, as near as may be, in 7 which it was before the excavation was made; and 8 any interference which shall be made with or 9 change in water or gas mains or pipes, sewers, 10 drains or other subterranean works shall be upon 11 condition that the same shall be immediately 12 restored to a servicable condition, as good as 13 before such change or interference, and at the 14 sole cost and expense of said corporation. The 15 superior court in equity may summarily enforce 1G the provisions of this section by injunction or 17 other appropriate remedies.

1 Sect. 8. Said corporation shall be annually 2 assessed, and shall pay taxes in the same manner 3 as though it were a street railway company, 4 Said corporation may establish for its sole benefit 5 a toll or fare which shall not exceed upon the G routes fixed by the provisions of this act the sum 7 of five cents for a single passage between the 8 termini of said routes. And, if necessary, trans- -9 fer checks shall be issued on demand, without 1894. HOUSE —No. 864. 11

10 additional payment, which shall entitle a passen- -11 ger to a continuous ride from any station to any 12 other station on the system, and the right of said IB corporation to charge and collect a toll or fare as Id aforesaid upon the lines fixed as aforesaid shall 15 not be hereafter abridged, altered or interfered 16 with without its consent.

1 Sect. 9. Said corporation may lease, purchase, 2 own and operate any lines of transit which may 3 be or become tributary to its lines, and enjoy all 4 the rights and privileges enjoyed by those owning 5 or operating such lines.

1 Sect. 10. When said elevated railway has been 2 constructed or any portion thereof, but before the 3 same shall be opened for public use, it shall, upon 4 application of the railway company, be examined 5 by the board of railroad commissioners and if it 6 appears to be in a safe condition for operation 7 then said board shall give a certificate to said rail- 8 way company to that effect, which certificate shall 9 be filed in the office of the secretary of the Com- 10 monwealth, and thereupon said railway company 11 shall be authorized to operate said railway. Said 12 railway company may at any time appeal from any 13 decision of the board of railroad commissioners 14 upon any question to the superior court, where 15 issues of fact shall be framed, and tried before a 16 jury if either party claims such right.

1 Sect. 11. Said corporation shall construct, 2 within two years after its routes shall have been 12 BOSTON ELEVATED RAILWAY CO. May,’94

3 definitely determined in said city of Boston, at ■4 least twenty-five miles of elevated railway track. 5 If it shall be found, upon information filed by the 6 attorney-general in the supreme judicial court for 7 the county of Suffolk, that said corporation has 8 negligently failed to comply with the provisions 9 of this section then said court may declare the 10 franchise herein granted forfeited, and proceed to 11 wind up and dissolve said corporation. The run- -12 ning of said two years and of the six months men- -13 tioned in section twelve of this act shall be sus- II pended while any injunction or restraining order 15 shall be outstanding against said railway company.

1 Sect. 12. Said corporation shall, within six 2 months after its routes shall have been definitely 1 fixed within the limits of said city of Boston I deposit with the treasurer of the Commonwealth 5 three hundred thousand dollars in cash or secu- 6 rities satisfactory to said treasurer, the same to 7 be held as a forfeit to the Commonwealth if said 8 corporation shall not construct at least twenty- -9 five miles of railway track, as provided in section 10 eleven of this act, and when the provisions of 11 said section have been complied with the treas- -12 urer shall refund such deposit to said corporation. 1 Sect. 13. After the expiration of three years 2 from the completion of the first twenty-five miles 3 of track all locations herein specified and not I then built upon may be revoked by the supreme 5 judicial court upon application of any city or 6 town wherein are such locations.