iii 11 illlH REPORT OF THE JOINT SPECIAL COMMITTEE ON SUBWAYS AND Report of Engineer William W. Lewis TOGETHER WITH PROPOSED RESOLUTION AND DRAFT ACT TO PROVIDE RAPID TRANSIT IN THE CITY OF PROVIDENCE Prontftenrp printing (Eompang. 3ttr. (£Ug $lrtntrr 0 216 West Exchange Street 1914 ^6 /vi v lb REPORT OF THE JOINT SPECIAL COMMITTEE ON SUBWAYS. To the Honorable the City Council of the City of Providence : The Joint Special Committee appointed by Resolution No. 92 approved March 4, 1913 to consider and report to the City Council a plan or plans for a tunnel, subway, open cut or combination of them, from the East Side Tunnel to the Seekonk River and which by Resolution No. 93, approved March 4, 1913, was instructed to inquire into the matter of providing subways for those portions of the west side of the city through which there is a heavy suburban traffic, such as Olneyville Square and Elmwood, respectfully begs leave to report: Subsequent to the appointment of your committee numer¬ ous suggestions have been referred to it for consideration, among which were the propositions for a subway in the down town section, and also a subway from Hoyle Square to Ex¬ change Place. After several meetings of the committee it was deemed advisable and necessary that this question of subways be treated broadly and that a general scheme be outlined covering the needs of the entire city rather than any particular section or sections, and upon the recommenda¬ tion of your committee Resolution No. 155, series of 1913, was passed reading as follows: “Resolved, That the Joint Special Committee on Subways appointed pursuant to Resolution No. 92, Approved March 4, 1913, in addition to a plan for an East Side Subway, is hereby further authorized to consider, prepare and report-to the city council a comprehensive plan or plans of main subways for the general sections of the city to and through which there is now especially heavy street car passenger traffic, including in such plans facilities for carrying high and l low tension electric wires and thereby securing the removal of all overhead electric wires so far as practicable, and the estimated cost of constructing such subways respectively in¬ cluding any land damages, and said committee may report to the city council at any time or times with its recommendations as to any parts of said matters. There is hereby appropriated the sum of not ex¬ ceeding fifteen hundred dollars ($1,500) as may be re¬ quired for defraying he expenses and executing the powers and purposes authorized or specified in and by this resolution and in Resolutions No. 92 and 93, series of 1913, payable on the approval of said committee certified by its chairman, from the appropriation for city council. All the directions, powers and authority included in and conferred upon said committee by said resolution No. 92 shall extend and apply to all the subject matters of this resolution.” In order that a thorough investigation of the needs of the city might be made it was found to be necessary to employ an expert engineer to study the subject and prepare preliminary plans and estimates of cost for a system of subways for the city; and your committee was very fortunate in being able to secure the services of Mr. William W. Lewis, Assistant Engineer to the Boston Transit Commission and a member of the American Society of Civil Engineers. Mr. Lewis has had much experience in subway construction in Boston and in his report to your committee has explained fully relative to the needs in Providence. His report is transmitted herewith and your committee believes that it shows conclusively that in order to provide rapid transit for the city it will be absolutely necessary to provide a system of subways. There can be no question as to the urgency of the need of rapid transit; and to provide for a continuance of the study and to obtain authority for the construction of sub¬ ways, the accompanying resolution and draft act have been prepared and approved by the City Solicitor, creating a Com¬ mission to be known as the Providence Transit Commission. This act is unanimously recommended by your committee. In the main it is only a permissive act, as it provides that the approval of the City Council must be obtained before any construction work is begun or land taken. Inasmuch as the 2 construction of a system of subways will cover a period of years, it is the opinion of your committee that the present time is none too soon to secure the authority to construct them. As to the scope of the general scheme recommended, your committee takes pleasure in transmitting the report of Mr. Lewis which covers this subject very thoroughly; and the commttee unanimously concurs in the views expressed therein. The accompanying resolution is accordingly recommended for passage. Respectfully submitted, JOHN KELSO, Chairman. 3 Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/reportofjointspeOOprov Report op Engineer Wieeiam W. Lewis. TO THE JOINT SPECIAL COMMITTEE TO CON¬ SIDER A PROPOSED EAST SIDE SUBWAY. Gentlemen :— Four resolutions relating to the construction of subways were referred by the City Council to your committee. These resolutions provide in substance as follows: First: Resolution Number 92, approved March 4, 1913 requires consideration of and report on a plan for a subway from the easterly terminus of the College Hill Tunnel, now being built by The Rhode Island Company, to the vicinity of the Seekonk River, with such rearrangement of traffic as may be deemed advisable, together with a recommendation as to how the same should be carried out. Second: Resolution Number 93, approved March 4, 1913 directs inquiry into the matter of providing subways for those portions of the “West Side” of the city through which there is a heavy suburban traffic, such as Olneyville Square and Elm¬ wood. Third: Resolution Number 155, approved April 23, 1913 authorizes consideration of and report on a comprehensive plan of main subways for the general sections of the city where there is now especially heavy street car passenger traffic and also on a plan for constructing facilities in connection with the subways for carrying high and low tension electric wires. Fourth: Resolution Number 186, approved May 16, 1913 directs examination into and a report upon the probable cost of a subway from near Hoyle Square to Exchange Place where a suitable loop for the return tracks is to be provided. In compliance with these resolutions and pursuant to your oral instructions to investigate the problem of improving the 5 street car passenger service of Providence by the use of subways in a broad and general way, I respectfully submit the following report:— Inasmuch as the third resolution is the most fundamental and comprehensive and includes in its scope the projects mentioned in the other three it has been taken as the basis of this investigation. Present Conditions. The City of Providence, in population, ranks as the second city in New England, being exceeded only by the City of Boston. It is also one of the oldest settlements in the country, having had its beginnings in 1636. In common with other New England cities, Providence was not laid out or planned on any comprehensive scheme in antici¬ pation of the time when it was to become a large, populous and prosperous municipality. It has simply grown as private initiative and necessity have directed from day to day, with little regard for its future comfort or convenience. From this very process of development have come many of its problems, especially those relating to its urban and suburban passenger transportation. For the expansion and development of a growing community it is necessary to have a free and easy movement of street traffic. This is largely dependent first, upon the width of the streets; second, the location and grade of the streets; and third, the existence of main thoroughfares. The streets of Providence, especially those in the old and congested districts, were laid out by the early settlers, wide enough to carry the traffic at that time. For the needs of today, however, they are too narrow and entirely inadequate to serve efficiently the miscellaneous traffic of a modern municipality. In those early days the location and grade were determined with reference to light loads, the cheapest method of construction and avoiding such obstacles as were in the way. Now, the narrow streets and steep grades are a serious hindrance to the large and heavy loads and the fast moving vehicles and cars common to modern business. Again, the founders of the city had no idea how it would spread out and what a need there would be to go quickly from one part of the district to another and so no provision was made for broad thoroughfares to pass through the center of the district. If the city is to grow, something must be done to remedy these defects in the congested district which is the very heart and center, not only of the city, but also of the whole Met¬ ropolitan district. Classes of Traffic. There are three general classes of traffic, producing the congestion, which must be considered,—the pedestrian, the vehicular and the street car. Pedestrian. The increase in the height and number of office buildings, big department stores, large manufacturing plants and places of amusement, within the congested area has resulted in such a congestion of the present narrow sidewalks that their capacity has already been exceeded. The remedy is, obviously, to widen these sidewalks at every possible oppor¬ tunity and remove from them all obstructions. Vehicular. Within the congested district the growth of business incident to a rapidly expanding population, the invention of the automobile, the motor truck, and the growth in pleasure riding have brought about a great increase in the number of vehicles using these narrow streets which has al¬ ready resulted in over taxing their capacity. This condition can be relieved by removing part of the traffic or widening the streets. Street Car. The trolley cai, on account of its large size, fre¬ quent stops and confinement to a particular part of the street, is the greatest cause of congestion. If the larger part of the cars were removed the space gained would then be available for the use of vehicles. Relief of Congestion. The congestion on the streets can be relieved in three ways: first, by widening the streets; second, by building elevated railways; and third, by constructing subways. 7 Street Widening might relieve this congestion but would not provide rapid transit. The slowing down of the cars for frequent street crossings, other vehicles and pedestrians, and the numerous stops for passengers, make it impossible to attain much speed. Moreover, wide streets make it much more dan¬ gerous for pedestrians to cross and for those wishing to take the cars. If it were decided to remove the congestion by widening the streets it would be necessary, to be efficient, to have a street about 100 feet wide. This would allow for three lines of vehicles on either side of the two car tracks; one line for vehi¬ cles that are standing at the curb, the second for those moving slowly and the third for those moving fast. Modern cities, especially those in the west, are laid out to provide for their future growth, and streets of 100 feet or more in width are the rule for all main thoroughfares. This layout provides room for a satisfactory surface transportation system for a long time after cities, less fortunate in their lay¬ out, have been obliged to resort to elevated railways or subways. To build streets like this in the congested parts of Provi¬ dence would require cutting into many of the most valuable buildings of the business district. This would entail such an enormous expense on the city as to make it practically pro¬ hibitive. Elevated Railzvays are seldom constructed at the pres¬ ent time except as extensions or connections of existing systems. Their defects are well known. Noise, obstruction and darkening of the streets, the great risk to life in case of derailment, and the damages resulting from great depreciation in the value of adjacent property, are objections that far out¬ weigh the merit of a comparatively small original cost of con¬ struction. On account of these serious objections the installa¬ tion of an elevated system in this city would be out of the question. Subways provide the most modern method of trans¬ portation in the congested districts of cities, affording nearly ideal conditions of speed, comfort and safety. They can be used with either surface cars or trains. The change from surface cars to trains in a subway more than doubles its trans¬ portation capacity. In either case they provide for transpor¬ tation in the congested sections of a city with the least incon¬ venience to passengers and the general public. All this is ac¬ complished without depreciation or injury to adjacent prop¬ erty. For Providence to continue its growth and development, its transportation problem must be solved in such a way that the people living in one section of the city shall have quick, regular, comfortable and cheap transportation to any other section they may desire to reach, for purposes of employment, trade or recreation. In view of these considerations the writer believes that the subway system hereinafter described is the only practicable means of solving the transportation problem in Providence. Population and Traffic. The City of Providence, as a political unit, has now a popula¬ tion of nearly 250,000. There are, however, immediately adjoining and surrounding it a number of cities and towns, the industrial, social and amusement life of which is essen¬ tially one with that of Providence, so that altogether there is formed one large community, which is called Metropolitan Providence. Comprised in this large district, besides the city of Provi¬ dence, are the towns of East Providence, Lincoln, North Providence, Johnston, Warwick and West Warwick, and the cities of Pawtucket, Central Falls and Cranston. These towns and cities altogether now have a population of about 420,000. The remaining portions of the State, which are much more thinly settled, contain only about 175,000 inhabitants, which brings the total population of Rhode Island up to about 600,- 000 . This whole district has shown a consistent and substantial rate of growth which compares favorably with that of other growing districts in the East and there is every reason to be¬ lieve that it will continue. 9 The present transportation system for the territory under consideration is operated by The Rhode Island Company. A study of the territory served by this company suggests three natural divisions: First: The territory served by the company as a whole, including considerable sparsely settled country, Second: The more thickly settled residential and business portion, including Providence and its surrounding territory, which comprises Metropolitan Providence, and Third: Approximately the district formerly served by the Union Railroad Company, and known as the Union Railroad Division. This division includes 50 square miles of territory and marks the five-cent fare limit of the city. The first division includes over 50 per cent, of the area of the State and about 88 per cent, of its population. Thd total estimated population of this division in 1914 is about 520,000. From 1880 to 1910 it showed a growth of 108 per cent. The second, Metropolitan Providence, includes more than 80 per cent, of the population served by The Rhode Island Company. This district shows a growth in population from 1880 to 1910 of 128 per cent. This compares with an increase of 113 per cent, during the same period in the Metropolitan District of Boston, which is served by the Boston Elevated Railway Company. The third, the Union Railroad Division, comprises the cities and towns of Providence, North Providence, East Providence and a portion of Pawtucket, Cranston, Warwick, Lincoln and Johnston, with a total estimated population in 1914 of 315,000. This is 61 per cent, of the population served by The Rhode Island Company, and shows an increase from 1880 to 1910 of 126 per cent. The following table shows the population from 1880 to 1910, with percentage of growth as stated above, and a comparison with the Metropolitan District of Boston served by the Boston Elevated Railway Company:— 10 PLATE I. Growth in Population. Date R. I. Co. Met. Prov. U.R.R.Div. Met. District Boston Elev. Ry. Co. 1880 1910 231.100 481.100 168,000 383,000 128.300 289.300 585,300 1,247,000 Increase 30 years 108% 128% 126% 113% Average Annual Increase 3.6% 4.3% 4.2% 3.8% A comparison of the increase in population from 1880 to 1910 in the State and the City of Providence, is as follows: Date State City 1880 . .277,000 104,900 1910. .540,000 224,300 Increase 30 years . . 95% 114% Average Annual Increase.. . 3.2% 3.8% Of all these divisions it will be noted that Metropolitan Prov¬ idence shows the most rapid growth. The effect of this rapid growth in population on the transportation system is already felt in the congested sections of Providence. The rate of growth in population for these five sections is clearly indicated on the accompanying diagram, Plate I. On this diagram is shown the actual rate of growth, from the census figures, covering the period from 1880 to 1910; and the estimated future growth as far as 1940. From the records of The Rhode Island Company the total number of revenue paying passengers carried on its system was obtained covering the years from 1900 to 1913. From these records the traffic in Metropolitan Providence and in the Union Railroad Division was found. As The Rhode Island Company was not formed until 1902 and as some of its component parts were not incorporated until later, the growth in traffic has been compiled from the records of the individual companies. 13 In 1900 the system, now comprising The Rhode Island Com¬ pany, carried about 44,705,000 revenue paying passengers. In this same territory in 1913 about 98,190,000 were carried, showing an increase in thirteen years of 119.5 per cent. In Metropolitan Providence about 42,589,000 passengers were carried in 1900, compared with about 88,033,000 in 1913; an increase in thirteen years of 106.5 per cent. The Union Railroad Division carried in 1900, about 38,346,- 000 passengers compared with 71,498,000 in 1913, an increase of 86.5 per cent, in the same time. The above figures are shown in tabular form below: Revenue: Paying Passengers. Date R. I. Co. Met. Prov. U.R.R.DIV. Met.District Boston Elev. Ry. Co. 1900 1913 44,705,000 98,190,000 42,589,000 88,033,000 38,346,000 71,498,000 201,125,000 326,353,000 Increase 13 years 119.5% 106.5% 86.5% 62.3 % Average Annual Increase 9.2% 8.2 % 6.7% 4.8% The accompanying diagram, Plate II., shows the rate of growth in the traffic for these three divisions, from 1900 to 1913, together with the estimated increase to 1940. A comparison of these traffic figures with those of popula¬ tion, for corresponding districts, shows that the growth in traffic has been very much greater than the growth of popula¬ tion. 14 /ta/3 /e /7 /& /9 /920 2/ 22 23 24 /92S 26 27 20 29 '930 3/ 32 33 34 7933 36 37 PLATE II. A7sj. /./O/vs PLATE III. This is siiown by the increase in the number of rides per capita for these districts as given in the table below: Rides Per Capita. Date R. I. Co. Met. Prov. U. R. R. Div. Met. District Boston Elev. Ry. Co. 1900 131 157 178 200 1913 194 213 230 242 Increase 13 years 63 56 52 42 Per cent of Increase 48% 35.6% 29.2% 21% It is to be noted from these figures that the rides per capita are greatest in the thickly settled or congested districts, while the rate of increase is greatest in the more sparsely settled sections. The accompanying diagram, Plate III., shows the growth in the rides per capita for these three districts, from 1900 to 1913, as well as the estimated growth to 1940. A comparison of the growth in revenue passengers of Met¬ ropolitan Providence with the Metropolitan District of the Boston Elevated Railway Company, as given above shows an increase of 106.5 per cent, in Providence compared with 62.3 per cent, in Boston. Comparing the rate of increase in annual rides per capita of these two cities shows an increase, during the last thirteen years, of 35.6 per cent, for Providence compared with 21 per cent, for Boston. Present Distribution oe Traeeic. For the purpose of studying the transportation problem, a map, Number 1, was prepared to accompany this report, cover¬ ing the greater part of the Metropolitan District. This terri¬ tory extends about six miles north and six miles south, and about four miles east and four miles west from the City Hall. 17 Within this area are several political jurisdictions, which should be considered together in dealing with its rapid transit problem. The business section of the City of Providence is the center of this district from which all the main lines of traf¬ fic radiate. On the map are shown all the street car lines within the territory, together with the most prominent physical features, such as rivers, ponds, parks, cemeteries, railroads, etc., which have a bearing on the location of the routes of travel. Starting at the outskirts of the transportation districts it will be seen that the individual routes as they approach Provi¬ dence run together here and there until they finally pass through the business district on a few trunk lines, just as the tributaries of a river flowing from many directions join to¬ gether on their journey to the sea. These various lines of travel can be grouped into districts, each of which is tributary to one of the main arteries of traffic. In this way the territory has been divided into thirteen Trans¬ portation Districts designated by the letters A, B, C, D, etc., and Central. A brief description of the location and boundaries of each district follows: Transportation District A lies along the west side of Nar- ragansett Bay as far south as Buttonwoods and has for its main artery Broad Street which receives the heavy traffic from all the settlements along the west shore of the bay as far south as Rocky Point and Buttonwoods. Transportation District B lies to the west of District A, ex¬ tending as far south as Narragansett Pier. Its main artery is Elmwood Avenue which receives the traffic from Norwood, Apponaug, East Greenwich, Auburn, Eden Park, River Point, Washington and other settlements in the Pawtuxet River Valley. Transportation District C lies to the southwest of the center of Providence and has for its main artery Cranston Street, which receives the traffic from Arlington, West Arlington, Cranston, Meshanticut Park and Oaklawn. 18 Transportation District D lies to the west of the city and in¬ cludes all the area served by lines that pass through Olneyville Square. Through this square passes the traffic from Thorn¬ ton, Hughesdale and Dyer Avenue over Plainfield Street; from the Providence and Danielson line over Hartford Ave¬ nue; and from Manton, Lymansville, Allendale, Centerdale, and other towns along the Woonasquatucket River over Man- ton Avenue. Transportation District B lies northwest from the center of the city and has for its main artery Smith Street. It includes the Mount Pleasant and Fruit Hill Districts. Transportation District F includes the area north of Dis¬ trict E and south of West River. The traffic in this district is local and has for its main artery Admiral Street. Transportation District G lies north of the city between the West River and the Moshassuck River. Its main artery is Branch Avenue, which receives the traffic from a part of Paw¬ tucket, Central Falls and Saylesville, all of the traffic on the Providence and Burrillville interurban line from Woonsocket, and that from Geneva and Woodville. Transportation District H lies north of Providence and in¬ cludes the greater part of Pawtucket and Central Falls. It has for its main artery North Main Street } which is the main en¬ trance to the city from the north. Transportation District J includes all of the East Side ex¬ cept a narrow strip along the Providence River. Its main ar¬ tery will be the Bast Side Tunnel , when completed. Transportation District K includes all of East Providence north of Waterman Avenue and Taunton Avenue. The traffic of the villages of Phillipsdale, Rumford, East Providence Cen¬ ter and Hunts Mills, included in this territory, enters Provi¬ dence over the Red Bridge. Transportation District L includes all of East Providence south of Waterman and Taunton Avenues. Its entrance to Providence is over Washington Bridge , which receives the in¬ terurban traffic from Taunton, Barrington, Warren, Bristol 19 and Fall River, and the heavy traffic from the numerous set¬ tlements along the east shore of Narragansett Bay as far south as Crescent Park. Transportation District Central includes the down-town business and delivery district to and from which the bulk of the traffic wishes to go. Rapid Transit Routes. A study of the map shows that districts A, B, and C lying to the south naturally form one group, their main arteries con¬ verging in such a way that a connection of each with a subway could be made at or near Trinity Square. On the west all the lines of District D pass through Olney- ville Square and part of the cars from adjacent territory to the north and south could be re-routed to reach this point where the western terminus of a subway could be located. On the north all the main lines passing through districts G and H can be brought together just south of the North Burial Ground, where connection with a subway can readily be made. On the east all the lines of districts K and L converge to a point near the Red Bridge over which the traffic could make connection with a subway at or near East River Street. A subway from this point to the easterly portal of the East Side Tunnel, now under construction, would pass through the more thickly settled part of district J, serving the residents of this section directly. All the lines of this district can connect with the subway by transfer at way stations or by inclines. The western portion of district E, including Mount Pleasant, can be made tributary to a subway at Olneyville Square by re-routing the cars to this point. Sections of the district east of Mount Pleasant would reach the city more quickly by the surface. To provide for future growth in this district Smith Street should be widened to about a hundred feet throughout its length. District F can be made tributary to a subway to the north, by re-routing the cars from Douglas Avenue and Admiral Street to connect by transfer at a way station near the junc¬ tion of North Main Street and Benefit Street. Data was obtained from The Rhode Island Company for all its lines in the Union Railroad Division, from which it has 20 been possible to determine, with reasonable accuracy, the num¬ ber of passengers carried in each of the transportation districts above mentioned. In the following table the districts tributary to each of the four subways above alluded to have been shown in groups and their traffic given, together with the percentage of the total traffic of the Union Railroad Division for the year. While certain sections of districts E and F would be tributary to the subways they have not been subdivided and included in their proper groups as sufficient data and time to do this were not available. Passenger Trafeic of the Union Raigroad Division by Transportation Districts. 1911 1912 1913 Transpor °/o Of °!o of °Jo of tation Dis Yearly Yearly Yearly tricts Passengers Traffic Passengers Traffic Passengers Traffic A 14,555,518 18.6 16,042,413 19.8 16,854,480 19.9 B 8,940,347 11.4 9,346,530 11.6 9,756,973 11.4 C Total 6,849,610 8.7 7,157,737 8.8 7,235,323 8.5 A, B, C 30,345,475 38.7 32,546,680 40.2 33,846,776 39.8 D 10,780,801 13.7 11,251,492 13.8 11,598,086 13.6 E 4,808,745 6.1 4,928,612 6.0 5,043,951 6.0 F Total 2,034,196 2.6 834,866 1.1 833,002 1.0 • E, F 6,842,941 8.7 5,763,478 7.1 5,876,953 7.0 G 3,778,169 4.8 4,053,228 5.0 4,670,399 5.5 H Total 8,794,120 11.1 9,014,273 11.2 9,390,734 11.1 G, H 12,572,289 15.9 13,067,501 16.2 14,061,133 16.6 J 5,710,723 7.3 6,582,181 8.0 7,149,424 8.4 K 1,512,097 2.0 1,605,050 1.9 1,826,310 2.2 L Total J, K,L 5,272,177 6.7 5,115,056 6.3 5,137,343 6.1 12,494,997 16.0 13,302,287 16.2 14,113,077 16.7 Central and Miscella - neous 5,450,090 7.0 5,131,268 6.5 5,402,113 6.3 Total Yearly Traffic 78,486,593 100.0 81,062,706 100.0 84,898,138 100.0 21 It will be seen that in the three southern districts A, B and C, nearly 34 million passengers were carried in 1913 or approxi¬ mately 40 per cent, of the total traffic of the Union Railroad Division. Disricts G and H lying to the north, and J. K and L to the east each furnished over 14 millions, or 16.6 per cent, and 16.7 per cent, respectively. In district D on the west about 11.5 millions or 13.6 per cent, were carried. The smaller districts E and F to the northwest furnished nearly six million passengers. The central or delivery district and a few miscellaneous lines furnish nearly 5.5 millions, making the total traffic in the Union Railroad Division in 1913 nearly 85 millions. In addition to the traffic of the Union Railroad Division there is a considerable traffic carried from district L by the New York, New Haven and Hartford Railroad through the “Electric Tunnel”. A part of this traffic would undoubtedly be diverted to an East Side Subway if one were to be built. In the table below is given the total traffic of the Union Railroad Division in the districts J, K, and L, together with that of the “Electric Tunnel”. Yearly Passenger! Traffic from Transportation Dis¬ tricts J, K, and L and “Electric Tunnel” Transpor- 1911 1912 1913 tation Per Per Per Districts Passengers Cent Passengers Cent Passengers Cent J, K, L 12,494,997 13,302,287 14,113,077 Electric Tunnel 2,437,500 2,440,100 2,641,900 Total 14,932,497 18.5% 15,742,387 18.9% 16,754,977 19.1% Total Yearly Traffic U. R. R. Division 78,486,593 81,062,706 84,898,138 Electric Tunnel 2,437,500 2,440,100 2,641,900 Grand Total 80,924,093 100% 83,502,806 100% 87,540,038 100% 22 From his table it is seen that the district tributary to an east side subway had a passenger traffic which increased from 14.9 millions in 1911 to 16.7 millions in 1913. These figures show that the total traffic from the east side district in 1913 was 19.1 per cent of the total yearly traffic which makes this the second largest district tributary to the proposed subway system. Description op Proposed Subways. A detailed study of the traffic conditions affecting the con¬ nection of these termini by subways shows that the traffic could be efficiently, conveniently and economically served by building a north and south, and an east and west subway, each of which would pass through the business or delivery district. Here a central transfer station would be constructed, so ar¬ ranged that a person from one district could readily transfer to any other district. By means of a subpassageway connec¬ tion could be made with the Union Station of the New York, New Haven and Hartford Railroad. Access to the transfer station from the square could be had from a suitable shelter from which all the platforms could be easily reached. A map, Number 2, has been prepared to accompany this re¬ port showing the location of the subways recommended. As shown on this map, the proposed north and south route ex¬ tends from a point near the south end of the North Burial Ground, via Benefit Street to Waterman Street, and thence under the river and through Washington Street to the central transfer station above mentioned in Exchange Place. From this point the subway would continue southward through Dor- rance, Weybosset and Broad Streets to the junction of Elm¬ wood Avenue and Broad Street at Trinity Square. The proposed east and west route extends from a point in Medway Street extension near East River Street, westward under Medway Street, private property and Fones Alley to a point near Thayer Street, where connection would be made with the East Side Tunnel. From the westerly end of this tunnel the route passes under North Main Street, through Waterman Street and under the river to the central transfer 23 station in Exchange Place. Running west from this point the subway would pass through Washington Street to a point opposite the junction of Westminster Street and Cranston Street; thence under private property into Westminster Street and through Westminster Street to Olneyville Square. At each terminus it will be necessary to provide inclines or portals for surface cars to enter and leave the subways. Way stations on these lines should be provided at points from 1300 to 3000 feet apart depending on the density of population, the locality and typography of the territory tra¬ versed. These stations should be used as transfer points from surface cars to the subway, and surface car routes should be planned to be tributary to the subway at these points. The proposed subways should be built with regard to future requirements and of sufficient size to accommodate the largest cars that may reasonably be expected to use them. Although surface cars would first be used, the subway should be so designed as to be adapted for the use of trains. Stations should be designed so that their length may be in¬ creased in the future as the traffic requires. The termini of the routes should be so arranged as to allow the most conve¬ nient extensions when required. Estimate of Cost of Subway System for Surface Cars. The subway system outlined above has been conservatively estimated to cost, not in excess of $13,600,000. The details of this estimate follow: Bast Side Subway. East Side Tunnel Extension, 5780 lin. ft. $1,500,000 East Side Tunnel, *1665 lin. ft. 750,000 7445 lin. ft. $2,250,000 1.41 miles at about $1,596,000 per mile. *Part between proposed connections. Total length, 2165 lin. ft. West Side Subway. East Side Tunnel Extension, 875 lin. ft. $ 350,000 West Side Subway 10031 lin. ft. 4,487,650 10906 lin. ft. 2.07 miles at about $2,340,000 per mile. 24 4,837,650 Total Bast Side and West Side Subzvays. 18351 lin ft. about $7,100,000 3.48 miles at about $2,040,000 per mile. North Side Subway. 6600 lin. ft. $2,940,000 $2,940,000 1.25 miles at about $2,350,000 per mile. South Side Subzuay. 6000 lin. ft. $3,520,000 $3,520,000 1.14 miles at about $3,090,000 per mile. Total North Side and South Side Subways. 12600 lin. ft. about $6,500,000 2.38 miles at about $2,730,000 per mile. Summary. East and West Subways $7,100,000 North and South Subways 6,500,000 $13,600,000 5.86 miles at about $2,320,000 Construction Program. The order in which the various lines of the proposed rapid transit system should be built cannot be definitely determined in advance. However, the present conditions of traffic, both as regards number of passengers carried and congestion of the streets on these lines, seem to justify the following program of construction, which is hereby recommended. First , the construction of the East Side Tunnel Extension from a proper connection with the present East Side Tunnel to a point near East River Street. This is the natural place to begin in order to continue the work already under way. Moreover the design of this line would be much more simple than any of the other lines and construction could be begun at a comparatively early date. 25 On account of the danger which would be incurred by run¬ ning heavy, high-speed, suburban electrics through the very narrow streets leading from the vicinity of Red Bridge, it is most essential that this line should be constructed first. Consequently, a map, Number 3, showing a preliminary plan and profile of the proposed extension of the East Side Tunnel has been prepared in some detail to accompany this report. The Second line to be constructed should be the “South Side” subway, extending from Trinity Square to Exchange Place via Weybosset and Dorrance Streets. This should in¬ clude the construction of the central transfer station and a loop for the use of the Broad Street lines. It is recommended as of second importance because the present traffic reaching the city from the south is more than double that coming from any other direction, and also on account of the narrowness of the streets and inadequacy of the present service in this direction. The Third line to be built cannot be determined so easily at this time. However, the “North Side” subway has been select¬ ed because it has a somewhat larger traffic and a very much shorter length than the West Side Subway, and particularly on account of the narrowness of North Main Street. The com¬ pletion of the “North Side” Subway will make a through line from Trinity Square to the North Burial Ground. The Fourth line or “West Side” Subway extending from Olneyville Square to Exchange Place would complete the sys¬ tem except for the link connecting the central transfer station with the present East Side Tunnel. This connection might be made at the same time as the river-crossing section of the North Side Subway, or during the construction of this West Side line. According to this tentative program it is estimated that the construction of the completed system fully equipped for oper¬ ation would take about nine years or until 1923. If work on the East Side Subway were begun during the present year it could probably be completed and equipped for operation about 1916. As soon as the South Side Subway and central transfer station are finished they should be put in operation, which would probably be about 1918. The North Side would prob¬ ably be completed and put in operation in two years more or in 26 , 1920. The West Side Subway would probably take about three years additional to build and equip. This would set the date for the beginning of operation of the completed system, as stated above, in 1923. Financing the: Proposer Subway Syste;m. The question naturally arises, Is Providence warranted in building the system of subways recommended? This question will be considered from its financial side only. It is assumed that the construction of the subways will be financed by the City of Providence by an issue of bonds out¬ side the debt limit. On their completion they will be leased to an operating company at a yearly rental sufficient to pay not only the interest on the bonds but also provide a sinking fund for the retirement of these bonds. In this way the taxpayers are relieved of any financial burden in the construction of the subways, and the city simply lends its credit to the operating- company during the life of the bonds. After the bonds have matured the rentals accruing will be a source of general revenue to the city. The ability of the operating company to pay these rentals depends on the population tributary to its system, the amount of its traffic, and its gross receipts. The most significant dates for a study of these features are those when the various links of the subway system are put in operation which are estimated to be 1916, 1918, 1920 and 1923. From the diagrams, Plates I, II and III, the population tributary to The Rhode Island Company and its traffic on these dates is found to be as follows: Date Population Revenue Passengers Rides per Capita 1913 510,000 98,190,000 194 1916 540,000 111,000,000 205 1918 565,000 119,000,000 211 1920 585,000 127,000,000 217 1923 620,000 139,000,000 224 This shows an increase in population of 110,000, an increase in revenue passengers of 4i,000,000 and an increase in rides 27 per capita of 30, from now until the proposed subway system is completed. From the records of The Rhode Island Company and its leased lines the gross revenues have been obtained and plotted on the diagram, Plate IV, covering the years from 1900 to 1913 inclusive, and estimated to 1940. On this diagram is also shown the growth of population and gross revenue per capita. This growth is also given in tabular form below from 1903 to 1923, which covers the years of subway construction. Date Population Yearly Gross Revenue Gross Revenue per Capita 1903 403,000 $3,180,000 $7.90 1913 510,000 5,452,000 10.70 1916 540,000 6,100,000 11.30 1918 565,000 6,600,000 11.65 1920 585,000 7,050,000 12.00 1923 620,000 7,725,000 12.40 It will be noted that in the ten years from 1903 to 1913 the yearly gross revenues increased $2,272,000 or an average in¬ crease of $227,200 per year. From 1913 to 1923 the increase in gross revenues has been estimated to be $2,273,000 or an average increase of $227,300 per year, which is at approxi¬ mately the same rate as during the past ten years. The gross revenue per capita shows an increase for the first ten year period of $2.80 while during the last ten year period it is assumed to be $1.70. This would seem to be a very conservative assumption. Having determined the probable gross receipts of The Rhode Island Company to 1940 as shown on Plate IV, a dia¬ gram, Plate V, was prepared on which these total gross re¬ ceipts and the estimated expenditures were plotted. From the best available sources the items going to make up the total expenditures of the past have been obtained and plotted as far as 1913. A description of the assumptions made to determine the estimated expenditures from 1913 to 1940 as shown on Plate V, follows: 28 PLATE IV. PLATE V. Operating Expenses during the last six years have varied from 55.6 per cent, to 63.4 per cent, of the operating revenues. This operating ratio has averaged about 59.3 per cent, and in 1913 was 58.9 per cent. In determining the operating ex¬ penses after 1913 the operating ratio has been assumed to in¬ crease from 59 per cent, in 1914 to 65 per cent, in 1939. Taxes include the taxes on the real estate and personal property of the company and the franchise tax based on gross earnings. While The Rhode Island Company pays to the City of Providence a franchise tax for the Union Railroad Com¬ pany and the Providence Cable Tramway Company of 5 per cent, of their gross earnings, the average franchise tax for the whole Rhode Island Company is only 4.4 per cent, of its gross income. This franchise tax has been estimated to average 4.5 per cent, in 1914 and thereafter. The taxes on real estate and personal property have aver¬ aged 2.7 per cent, of gross earnings during the last six years, and have been estimated to vary from 3 per cent, in 1914 to 2.5 per cent, in 1918 and thereafter. The total item for taxes after 1918 has been estimated at 7 per cent, of the total gross income. Rents of Leased Lines and Interest have been considered to¬ gether on the diagram. According to the terms of the leases, the rents of the leased lines are fixed for periods of either 99 or 999 years with the single exception of the Sea View Rail¬ road Company. The rental of this road gradually increases until 1922 after which date it remains fixed for the remaining years of the term of its lease. The charge for interest has been assumed to increase about $1300 in 1914 and $1000 yearly thereafter. Dividends on a gradually increasing capital stock have been assumed at the rate of 6 per cent., which is the same as the rate paid in 1913. During the last five years dividends have averaged 5.2 per cent. Capital Stock has been assumed to increase gradually from $9,685,500 in 1913 to $18,000,000 in 1938. This would prac¬ tically doubled the present capital stock. 31 The diagram, Plate V, shows these expenditures plotted in order one above the other beginning with operating expenses, and followed by taxes, rents of leased lines and interest, and dividends. The space remaining between the line representing dividends and the line of total gross income represents the yearly surplus. This yearly surplus would be available for paying the sub¬ way rentals. In the following table is given the amount of the yearly rental for each subway and the year, ending June 30, in which the operating company would begin payment accord¬ ing to the program herein recommended. This rental has been figured as 4.5 per cent, of the net estimated cost of the subways. Name Estimate of Cost Yearly Rental Year of Beginning East Side Subway $2,250,000 $101,250 1917 South Side Subway 3,550,000 159,750 1919 North Side Subway 2,950,000 132,750 1921 West Side Subway 4,850,000 218,250 1924 Total $13,600,000 $612,000 These rentals have been plotted, on Plate V, in the space representing yearly surplus in the years when they would be¬ come due. It will be seen that the total rentals for any year are not in excess of the yearly surplus and that notwithstanding the subway rentals there would be accumulated between the years 1913 and 1924 a considerable surplus account which would be available for any unusual expenditures during this period. After 1924 the net yearly surplus will gradually increase as the rental of the proposed subways would remain substantially un¬ changed. A comparison of the yearly surplus before dividends, yearly surplus, subway rentals, and net yearly surplus shown on dia¬ gram, Plate V, are given in tabular form below. 32 Comparison op Yearly Surplus and Yearly Subway Yearly Sur- Date Year plus before ending Dividends & Divi¬ rental. Yearly Sur¬ plus before Subway Total Yearly Subway Net Yearly June 30th Sub. Rental dend Rental Rental Surplus 1908 $178,421 0 $178,421 0 $178,421 1909 469,207 5 43,687 0 43,687 1910 573,565 6 62,941 0 62,941 1911 601,557 6 20,427 0 20,427 1912 387,699 3 97,034 0 97,034 1913 670,051 6 88,921 0 88,921 1914 740,998 6 159,868 0 159,868 1915 830,767 6 189,637 0 189,637 1916 915,324 6 274,194 0 274,194 1917 962,157 6 321,027 $101,250 219,777 1918 1,046,508 6 405,378 101,250 304,128 1919 1,091,086 6 389,956 261,000 128,956 1920 1,160,958 6 459,928 261,000 198,828 1921 1,202,189 6 501,059 393,750 107,309 1922 1,270,945 6 569,815 393,750 176,065 1923 1,308,830 6 547,700 393,750 153,950 1924 1,382,471 6 621,341 612,000 9,341 1925 1,418,007 6 656,877 612,000 44,877 1926 1,491,532 6 670,402 612,000 58,402 1927 1,522,721 6 701,591 612,000 89,591 1928 1,595,132 6 774,002 612,000 162,002 1929 1,622,974 6 722,974 612,000 110,974 1930 1,694,268 6 794,268 612,000 182,268 etc. etc. etc. etc. etc.’ etc. The above table and diagram Plate V., demonstrates the ability of the operating company to pay out of its yearly sur¬ plus the rentals 'that fall due during the proposed nine years of construction and the full rental of the complete subway system herein recommended in the year ending June 30, 1924, and thereafter. The reasonableness of the rapid transit system proposed for Providence is shown by comparing it with the rapid transit systems of other cities. 33 Table: Showing Proposed Investment Pe:r Capita in Rapid Transit Syste:m in Providence: and Othe:r Cities. Est. Est. Population Total In- City or date of Rapid vestment in Rapid Investment Metropolitan of com- Transit System Transit when per Capita District pletion Recommended completed City Met. Dist. City Met. Dist. Providence 1923 300,000 505,000 $13,600,000 $45.33 $26.93 Boston 1917 750,000 1,410,000 67,513,900 90.02 47.90 Philadelphia 1919 1,800,000 2,280,000 69,679,000 38.71 30.50 New York 1920 6,600,000 — 447,000,000 67.75 -- The above figures are exclusive of the cost of the equip¬ ment of these rapid transit lines. Complete data in all cases mentioned was not available but it is believed that the con¬ clusions are conservative and reliable. This table shows that the investment per capita in the City of Providence on completion of its rapid transit system will only be about one-half that of Boston, a little more than that of Philadelphia and about two-thirds that of New York. Comparing the investment per capita of the metropolitan districts of these cities shows that Providence would have the smallest investment per capita of any of the cities men¬ tioned. In the experience of Boston there is a good illustration of the proposed method of financing the subway system herein recommended for Providence. The following table shows the status of the sinking funds of the four subways now in operation in the City of Boston for the year ending June 30, 1913. Condition op Sinking Funds—Boston Subways. For year ending June 30, 1913. Sinking Fund. Time in Amount of °/o of In- Tremont St. Operation Indebtedness Amount debtedness Subway 14 yrs 10 mos. $4,416,000 $1,521,022 34.5 East Boston Tunnel 8 a 6 “ 3,243,000 567,136 17.5 Washington St. Tunnel 4 a 7 “ 8,478,000 708,746 8.4 Beacon Hill Tunnel 1 u 3 “ 1,450,000 42,861 2.9 34 There are three other subways in Boston now in process of construction, which will cost as much, if not more, than the four mentioned in the above table. It should be noted, further, that all the money used in building these subways has been borrowed by the city, out¬ side the debt limit, and the taxpayer has not been called upon for one dollar. All these subways have been leased by the city on such terms that the rental is sufficient to pay the interest and the sinking fund charges. A comparison of the investments in capital stock and bonds of The Rhode Island Company and its leased lines, in 1914, with that of the West End Street Railway Company of Boston, in 1894, when work on the first subway began, shows $32,600,- 000 invested in the Rhode Island companies and $24,660,000 invested in the West End Street Railway Company. In this respect The Rhode Island Company and its leased lines are at present about 32 per cent, larger than the Boston company when the first subway was begun in Boston. Another comparison is made in the following table which gives the operating revenues and expenses together with the net operating revenue of the West End Street Railway Com¬ pany and The Rhode Island Company for the years 1894 and 1913. * West End Street Railway Company, 1894 The Rhode Island Company, 1913 Operating Revenues $6,795,481 $5,322,647 u Expenses 4,805,606 3,136,437 Net “ Revenue $1,989,875 $2,186,210 This table shows that the net operating revenue of The Rhode Island Company, in 1913, was $196,335 larger than that of the West End Street Railway Company in 1894, when the subway work began in Boston. 35 Still another comparison can be made between the gross rev¬ enue per capita of the West End Street Railway in 1894, when the first subway work in Boston began and that of The Rhode Island Company in 1913 when the subway was proposed in Providence. This comparison shows that the gross receipts per capita in Boston were $7.80 as compared with $10.70 in Providence or the gross receipts are $2.90 per capita greater in Provi¬ dence in 1913 than in Boston in 1894. In a previous table comparisons have been drawn between Providence and several much larger eastern cities. There is one western city, Cincinnati, Ohio, which should be referred to, however, as it is considering a rapid transit system for bringing its interurban lines into the center of the city. A comparison of the estimated cost of the proposed rapid transit system, the population of the district, and the traffic and revenue of the companies for which the system is designed with that of Providence is interesting. The principal points are given in the following table: Items Cincinnati 1912 Providence 1914 Area of City 66.35 sq. miles 18.29 sq. miles Population 386,000 250,000 Population per Square Mile 5,819 13,700 Population Metropolitan District City Proper Suburbs 386,000 136,600 250,000 170,000 Total 522,600 420,000 Revenue Passengers carried yearly about 14,900,000 98,000,000 Transportation Revenue $1,664,000 $5,323,000 36 Proposed System Length of Lines Miles Estimate of Cost Length of Lines Miles Estimate of Cost Surface 17.62 $2,975,812 — — Viaduct .85 1,064,582 — Subway and Tunnel 4.87 7,243,718 5.86 $13,600,000 Power Stations and Miscellaneous — 1,805,746 — — Total 23.34 $13,089,858 5.86 $13,600,000 Time of completion, 2 years 9 y r ears After studying the problem of transportation in this city the writer has come to the following conclusions: First, that the traveling public and the business interests are entitled to better facilities than they now enjoy; Second, that, while the general business of the city would find considerable relief by widening many of its streets, the transportation facilities resulting would show very little better¬ ment, and this betterment would last only for a very few years; Third, that a system of subways properly designed for fu¬ ture extension, would give business the needed relief and would furnish the traveling public with a most up-to-date rapid transit system; Fourth, that these subways would be of permanent con¬ struction and of sufficient capacity to carry several times the present traffic of the city; Fifth, that the City of Providence can afford to build these subways and The Rhode Island Company can afford to lease them. Acknowledgment is here made of the courtesy and assist¬ ance extended by the officers of The Rhode Island Company 37 and the New York, New Haven and Hartford Railroad Com¬ pany in furnishing their original records showing the amount and distribution of their passenger traffic. Respectfully submitted, February 28, 1914. WILLIAM W. LEWIS, Consulting Engineer. 14 Albion Street, Boston, Massachusetts. 38 JOINT RESOLUTION OF THE CITY COUNCIL. Resolved, That the City Solicitor is hereby directed to make application to the General Assembly for the passage of the necessary legislation to provide rapid transit in the city of Providence, substantially in accordance with the accompany¬ ing draft act. 39 ■ STATE OF RHODE ISLAND, PROVIDENCE PLANTA¬ TIONS. In General Assembly. January Session, A. D. 1914. AN ACT TO PROVIDE RAPID TRANSIT IN THE CITY OF PROVIDENCE. It is enacted by the General Assembly as follows : Section 1. A board of commissioners, to be known as the Providence Transit Commission, is hereby established in and for the city of Providence, consisting of the mayor and the •commissioner of public works of said city, both ex officio, and the seven persons who are now the members of the Committee on Subways in said city, appointed by the city council of said city under resolution number 92, approved March 4, 1913. The members of said commission, who are not ex officio mem¬ bers thereof, shall hold office as such members until the first Monday in January in the year A. D. 1915, and thereafter as herein provided. Said mayor as soon as may be after the pas¬ sage hereof shall designate the further terms of said seven persons so that two thereof shall hold office for four years, two for three years, two for two years and one for one year from said first Monday in January, 1915. On the first Mon¬ day in January, A. D. 1916, and annually thereafter on the first Monday in January, the city council of said city shall convene in joint convention, and at such meeting said mayor shall appoint, subject to the approval of said city council in convention two persons as members of said commission, ex¬ cept he shall appoint one only when the term of but one mem¬ ber is expiring, each for the term of four years. Whenever said mayor shall not make or announce such appointment or 41 appointments to said city council at the beginning of such meeting, said city council in convention shall proceed at such meeting to elect two persons or one person as the case may be as member or members of said commission for said term. Whenever said mayor shall make and announce such appoint¬ ment or appointments to said city council at such meeting, and said city council by vote at such meeting shall not approve such appointment or appointments, said city council in con¬ vention shall proceed at such meeting to elect two persons or one person as the case may be as member or members of said commission. In case of any failure to so elect, said meeting in convention shall be adjourned from time to time, but no ad¬ journment to be for more than three days from the next pre¬ ceding date adjourned from, until such election is made. The members of said commission, other than the ex officio mem¬ bers, shall duly qualify before acting as such members, and shall hold office until their successors are appointed or elected and qualify respectively. If any member of said commission sjiall at any time cease to be a citizen and resident of said city, his office therein shall thereupon be vacant. Whenever any vacancy in said commission shall occur for any cause, within fourteen days and not earlier than seven days there¬ after the city council of said city shall meet in convention, and if the city council or either branch thereof is not to be in ses¬ sion during said period at such time that such meeting in con¬ vention may be held, the mayor of said city shall call a special meeting of the city council or either branch thereof so that such meeting in convention may be held during said period. At such meeting in convention, said mayor shall appoint, sub¬ ject to the approval of said city council in convention, some person to fill such vacancy. Whenever said mayor shall not make or announce any such appointment to said city council at the beginning of such meeting said city council in conven¬ tion shall proceed at such meeting to elect some person to fill such vacancy. Whenever said mayor shall make and announce any such appointment to said city council at such meeting, and said city council by vote at such meeting shall not ap¬ prove any such appointment, said city council in convention shall proceed at such meeting to elect some person to fill such vacancy. In case of any failure to elect some person to fill such vacancy, said meeting in convention shall be adjourned from 42 time to time, but no adjournment to be for more than three days from the next preceding day adjourned from, until such election is made. Said city council from time to time by ordinance may change the composition, number and tenure of office of the members of said commission, but not so as to change the tenure of said seven persons as original constituted members thereof, as herein fixed, and whenever it shall deem that said commission has completed its duties hereunder may wholly abolish such commission. Said city council from time to time by ordinance may prescribe- other and further duties than those prescribed herein for said commission, but not in¬ consistent herewith, and at any time may amend or repeal any such ordinance. Said city council, by a concurrent vote of a majority of the members elected to either board and then in office voting in the affirmative, may remove any members of said commission from his or their offices therein for any mis¬ conduct or incapacity. Ssc 2. After the passage of this act, and annually in Jan¬ uary, said commission shall choose one of their number as chairman of the commission, and shall appoint some person not a member of said commission as secretary thereof. Said com¬ mission may adopt by-laws regulating the transaction of busi¬ ness by the commission, but no by-law shall authorize any ac¬ tion by the commission except by a majority vote thereof. Said commission from time to time may employ and fix the compensation of its secretary and such engineers, surveyors, draughtsmen, clerks and other employees as may be necessary for the efficient performance of its duties hereunder, and at any time or times may discontinue the employment of any or all such employees. Said commission shall cause to be kept in books of the city a record of all its acts and proceedings and accurate accounts of all its financial transactions, and shall annually in January report to the city council its doings and a summary at least of its financial accounts. The city solicitor shall be the legal adviser of said commission and shall have general charge for the city of all law proceedings or suits in¬ stituted or arising hereunder, but in case he considers it neces¬ sary or advisable he may from time to time designate assistant counsel to have special charge of the same and to immediately advise and aid said commission for such period or periods of time as the city solicitor from time to time may determine, 43 such special counsel to receive such compensation therefor as said commission may from time to time determine, and such compensation to be charged as an expense of said commis¬ sion. Sec. 3. Said commission shall make a general plan or plans of a system of subways, to be located within the limits herein¬ after described in the city of Providence, for the running of railway cars therein, and so designed as to be adapted for use by either surface railway cars or by trains of surface, elevated or subway cars, with suitable op,en cuts, approaches, entrances, exists, sidings, spur tracks, stations, elevators, inclines, loops, connections and other structures and with suitable connec¬ tions with existing or other tracks, and designed in whole or in any part or parts for one, two, three or four tracks as said commission deems necessary or desirable, and of such size as shall in the opinion of said commission be sufficient to accom¬ modate the largest cars that reasonably may be required for use in such, a system of subways. Said commission may in¬ clude in any such plan or plans due provisions for locating or constructing in connection with any such subways, conduits pipes and other facilities for carrying high and low tension electric wires to be used for telephoning, telegraphing, electric lighting, furnishing electric power or other purpose or pur¬ poses. After the completion of such plan or plans, said com¬ mission shall submit the same together with its estimates of the cost of the construction of such subways to said city coun¬ cil for its approval. Said city council may reject or approve any such plan or plans or any part or parts thereof, and may have said commission make and submit to it any further or other plan or plans of any subway or subways in said city as directed by said city council. Sec. 4. Said system of subways, and any such structures connected therewith for carrying said wires may be located through, across and under any public or private streets, alleys, squares or places and public or private lands within the fol¬ lowing described limits: First. From a point at or within one thousand (1000) feet of the corner of Waterman and East River streets, westerly by any route to a point at or within one thousand (1000) feet of the corner of Thayer street and Fones alley where a suit- 44 able connection with the “East Side Tunnel” so-called, now being- built by The Rhode Island Company, may be made form¬ ing therewith a continuous route. Second. From a point at or within one thousand (1000) feet of the corner of Waterman and North Main streets, where suitable connections with the “East Side Tunnel” and any other subway authorized hereunder may be made, westerly by any route to a point at or within one thousand (1000) feet of Olneyville square. Third. From a point at or within one thousand (1000) feet of the corner of Broad street and Elmwood avenue north¬ erly by any route within twelve hundred (1200) feet of Broad street or Westminster street to a point at or within twelve hun¬ dred (1200) feet of the corner of Waterman and North Main streets, where suitable connections with the “East Side Tun¬ nel” and any other subway authorized hereunder may be made. Fourth. From a point at or within twelve hundred (1200) feet of the corner of Waterman and North Main streets, where suitable connections with the “East Side Tunnel” and any other subway authorized hereunder may be made, north¬ erly by any route within twelve hundred (1200) feet of North Main street to a point at or within one thousand (1000) feet of the junction of Branch avenue and North Main street. Any such subway or subways or any such structures, appur¬ tenances or facilities in whole or in any part or parts may be located, constructed, maintained and operated in or under any public squares, streets or highways or public lands within said limits in said city of Providence without compensation therefor, but no entrance or exit to any such subway or other appurtenance thereof or structure connected therewith shall be so located in any such square, street or highway as to materially and permanently interfere with the surface use of such square, street or highway; or so as to materially and permanently interfere with surface access to any estate ad¬ joining such square, street or highway without due compen¬ sation for such interference with such access. The location, construction, maintenance and operation of such subway or subways and any such structures, appurtenances or facilities under the surface of any public square, street or highway under 45 the provisions of this act shall not be deemed thereby to impose an additional servitude upon any lands wihin or abutting upon such square, street or highway. Sec. 5. Whenever said city council at any time or from time to time shall approve any plan or plans for any such sys¬ tem of subways, or for any subway or subways, within any such limits in said city, said commission is hereby authorized to negotiate and agree in the name and behalf of said city with any railway company or companies now or hereafter existing for the sole or exclusive use of any such subway or subways for the running of cars therein and for such minor uses as hereinafter provided as may be agreed upon by said commis¬ sion and such company or companies, upon the terms and con¬ ditions and within the limitations herein prescribed, and upon such further terms and conditions consistent with the provi¬ sions of this act as said commission and such company or companies may agree: provided, that no such agreement shall bind said city of Providence or have any legal effect, unless the draft of the agreement shall be first submitted to said city council, and said city council by resolution or ordinance shall have first approved the same and the making of such contract with such company or companies; and provided further that no such agreement shall prevent said city, if the plan for such subway or subways includes provision for locating therein or in connection therewith conduits, pipes and other facilities for carrying said high and low tension electric wires, from grant¬ ing the privilege or privileges therefor to any other company or companies, person or persons. Sec. 6. Any such agreement or contract with such com¬ pany or companies for such use of any such subway or sub¬ ways for said railway and minor purposes shall be for a term ending riot later than the first day of July, A. D. 1932, but said city may, by action of the city council or other duly authorized body thereof taken at any time after the year A. D. 1930, and not before, extend the term of such agreement or contract, or make a new contract with such contracting company or com¬ panies, or with any other such company or companies for such use for any term not exceeding twenty-five (25) years from and after said first day of July, A. D. 1932, and from time to time thereafter said city acting by its city council or other 46 duly authorized body may contract with any such company or companies for such use for any term not exceeding twenty- five years, but during the running of any such term no new contract for any further period of time shall be made, at any time prior to eighteen months next preceding the expiration of such running term. The rent under the original contract for said initial term shall be for the first period of five years of said initial term not less than four (4) per centum per annum, and for the second period of five years of said initial term not less than four and one-quarter (4 1-4) per centum per annum, and for all subsequent periods of time during said term not less than four and one-half (4 1-2) per centum per annum, on the net cost of such subway or subways as determined in accordance herewith. The use of such subway or subways by such con¬ tracting company or companies shall be deemed to begin when a reasonable time after completion has been allowed for the equipment thereof, and the rent shall begin at the time such use is deemed to begin hereunder. Such annual rent shall be payable in equal quarterly payments during each year, and at the same rate for any uncompleted quarter year. The rent for any term not herein provided for shall be such amount per year as may be fixed by said city council or other body duly author¬ ized to act for said city, and shall be payable quarterly as aforesaid. Sec. 7. The net cost of such subway or subways shall in¬ clude all costs and expenses of said city in acquiring and con¬ structing such subway or subways and the appurtenances thereof and all facilities provided for the use thereof, includ¬ ing the cost and expenses of all preliminary investigations heretofore made by said city council committee, or hereafter made by said commission under the authority hereof, and all sums paid by said city by way of damages for property taken or injured or for personal injuries suffered, and all building costs, and the expenses of said commission hereunder, and also such interest at the rate of four per centum per an-- num, as shall have accrued up to the time when the use of such subway or subways is deemed to begin as aforesaid and such rent begins, on all sums paid by said city in acquiring and constructing such subway or subways arid appurtenances and 47 facilities. From the total of such costs and expenses shall be deducted the extra cost, of constructing in or in connection with such subway or subways, said conduits pipes and facilities for carrying said electric wires, over and above the cost of building such subway or subways without the same; and there shall also be deducted therefrom the fair then sale value of any portion of any real estate acquired for any of the purposes hereof which is found not to be wholly or permanently needed for such use; and the balance shall constitute such net cost. Upon the completion of such subway or subways and from time to time thereafter if any expenditures are made thereafter by said city on account of such costs and expenses, said com¬ mission shall decide upon the amount of such net cost and shall file with the city auditor of said city its statement thereof, and shall give written notice of such filing to the contracting com¬ pany or companies. In case any company or companies con¬ tracting for the use of such subway or subways for such initial term shall object to such decision of said commission, it or they may within thirty days after receiving such notice appeal therefrom to the Superior Court within and for the county of Providence, and its decision thereon shall be final and binding upon the parties. Such net cost as determined by said commission, or on such appeal by said court, shall be the net cost of such subway or subways, on which said minimum rent reservations are based hereunder. Sex. 8. In any agreement with any such contracting com¬ pany or companies it may be provided that the company or companies may place and maintain during the term of the contract in such subway or subways booths for the sale of newspapers, magazines, periodicals and books, and may make such other minor use or uses of the subway or subways not impairing the use for transportation of passengers as said commission or other authorized representatives of said city may from time to .time approve; provided that such booths and any means of such other minor uses shall not be so placed or used as to diminish or impair the safety, accommodation, con¬ venience or comfort of passengers using such subway or sub¬ ways ; and upon receipt of notice in writing at any time or from time to time from said commission or other authorized representatives of said city that in its or their opinion any of 48 said minor uses either in whole or in part in any way diminish or impair such safety, accommodation, convenience or com¬ fort, or conflict in any way with the best interests of the public, such company or companies shall forthwith, to the extent specified in such notice, discontinue such use. If any adver¬ tisements should be permitted hereunder to be placed in such subway or subways, the subject matters and means of display shall be subject to all the laws of the state and ordinances of said city now or hereafter passed specially regulating the same, or in the absence of such special regulations, generally regu¬ lating advertising in or near public streets or places, so far as reasonably applicable thereto, and subject to all special rules and regulations adopted from time to time by said commission or other authorized representatives of said city for controlling the same. Any such use for any advertisements shall be granted subject to the right of either said commission or the city council of said city to revoke the same at any time upon thirty days prior notice thereof to the contracting company or companies. Except as above provided, such company or companies shall not have the right to place in such subway or subways or attach thereto any structures, machinery, mer¬ chandise, apparatus, advertisements or property of any sort, which are not necessary or proper for the operation of its rail¬ road therein. Sec 9. Said city may place in any such subway or sub¬ ways, or in or on any conduits, pipes or facilities for carry¬ ing electric wires built in connection therewith, such wires and apparatus as may be necessary for its police and fire alarm services, but the location, construction, maintenance and re¬ pair of such wires and apparatus shall be subject to such di¬ rections and regulations as said commission or said city council shall prescribe, so that the use of such subway or subways by such company or companies shall not be interfered with. Sec. 10. If the plan for such subway or subways includes provision for locating therein or in any structure in connection therewith conduits, pipes and other facilities for carrying such high and low tension electric wires, said commission, in the name and behalf of said city, from time to time may agree with any person or corporation now or hereafter existing, using or authorized to use and maintain electric wires or conduits, pipes 49 or other facilities for carrying high or low tension electric wires along the route of such subway or subways or any parts thereof, that it may, for an annual rent to be paid to said city in equal quarterly installments, place and maintain such wires, conduits, pipes or other facilities in such subway or subways, or in any structure in connection therewith, for any term not exceeding twenty years and upon such terms and condi¬ tions as to the location, construction, maintenance and repair of the same as said commission in such agreement may pre¬ scribe, and subject to such further directions and regulations as said commission or other authorized representatives of said city from time to time may prescribe to regulate such use thereof and to prevent such use from impairing the use of such subway or subways for the transportation of passengers: provided that no such agreement shall bind said city of Providence or have any legal effect, unless the draft of the agreement shall be first submitted to said city council and said city council by resolution or ordinance shall have first approved the same, and the making of such contract with such person or corporation. Sec. 11. Whenever the city council of said city shall ap¬ prove any plan or plans for any such subway or subways, and any such agreement for the use thereof by any such rail¬ way company or companies shall have been approved by said city council, and such agreement shall have been executed and delivered and an original executed copy thereof lodged with the city auditor of said city, said city shall proceed to acquire the necessary lands therefor, and said commission from time to time may acquire by purchase for and in the name of said city, and said city may hold and use such lands and such estates, easements, rights and interests in lands as are necessary or desirable for such subway or subways and the appurtenances and facilities for such use or uses thereof, in¬ cluding any structure for such conduits, pipes and facilities for carrying such high and low tension electric wires; provided, however, that said commission shall not make any contract for any such purchase until said city council shall have first made due provision for supplying the necessary funds there¬ for. 50 Sec. 12. Said city of Providence is hereby authorized from time to time and in the manner hereinafter provided to acquire by condemnation any lands improved or unimproved, and any estates, easements, rights and interests in any lands situated within the described limits or included in the locations authorized under Section 4 hereof, or any part or parts of any of the same, and which the city council of said city deems necessary for the location, construction, maintenance and operation of any such subway or subways and said open cuts, approaches, entrances, exits, stations, elevators, inclines, loops, connections and other structures and appurtenances and facili¬ ties for: the use of such subway or subways, or of any part or parts of any such subway or subways, or of any such structures, appurtenances or facilities, and such taking may be for the further purpose of locating, constructing, main¬ taining and operating any conduits, pipes and other facilities for carrying such high and low tension electric wires in such subway or subways or in or on any structure built in con¬ nection therewith. Said city may take any such lands in fee simple or any estate, easement, right or interest in any such lands absolutely. Such taking, whether of the fee simple or of a lesser estate or other right, may be made whether the lands taken were acquired by or or are held by title derived under eminent domain or otherwise, or are held or used for any public or quasi-public purpose. No property of the State shall be taken hereunder. Whenever said city council deems that the taking of a fee simple, or any easement, or any other estate or right in any land or other property, or that the taking of an entire lot or any part thereof, with or without other property thereon sit¬ uated, is reasonably necessary for the proper and economical accomplishment of any of the purposes of this act, such fee simple or easement or other estate or right, or the entire lot or any part thereof as aforesaid, may be taken although an estate or right less than that taken, or a portion only of tihe property taken will be needed permanently for the purposes of this act. A taking of property under this act may be made by said city although the property taken or any part thereof is to be used merely temporarily for the accomplishment of the purposes of this act. A taking under this act of an ease¬ ment or other estate or right in a given parcel of land, whether 51 such parcel consists of unimproved land or of land and build¬ ings and improvements, may be confined to a portion or sec¬ tion of such parcel fixed by planes or other surfaces of division, below, above or at the surface of the soil, and in such case •it shall not be necessary that any taking be made of upper or lower portions or sections, except of such easements therein if any, as said city council may deem necessary. Sec. 13. Whenever the city council of said city shall ap¬ prove any plan or plans for any such subway or subways, and any such agreement for the use thereof by any such company or companies shall have been approved by said city council, said city shall proceed to construct in and under the lands as authorized or acquired such subway or subways and the ap¬ purtenances thereof and any other structures and facilities connected therewith, in accordance with such approved plan or plans thereof, and said commission shall proceed as soon as may be to execute such approved plan or plans and any changes or modifications thereof which may at any time be made by said city council and such contracting company or companies, and said commission shall have authority in the name and behalf of said city to make any and all necessary contracts therefor. All work and materials required for such construction or any other construction authorized or required under this act shall be procured by contract made pursuant to and in manner required by the provisions hereof except as hereinafter other¬ wise provided. Relative to every contract for the performance of any work or the furnishing of any materials, or both, or for the purchase of any supplies or personal property of any kind, the cost, price or consideration of which may exceed five hundred dollars said commission shall prepare proper specifications and any requisite plans thereof set forth with sufficient detail to inform all persons proposing to bid of the nature of the work to be done and of the materials or sup¬ plies to be furnished, and shall deliver written or printed copies of the same to all applicants therefor; and shall ad¬ vertise for bids in the newspapers employed to do the city advertising and in such other newspapers publish¬ ed outside the city as said commission may deter¬ mine ; and shall let such contract to such bidder 52 or bidders who will give adequate security satisfactory to said commission for the performance of their contract as said commission shall in its discretion determine after consid¬ ering the relative competency and responsibility of the bid¬ ders and the amounts of their respective bids; unless in any case said city council shall otherwise order, or unless in any case said commission shall, by a two-thirds vote of the whole number of the members thereof, determine that it is impracti¬ cable to procure such work or materials or both by contract, or to effect such purchase through competitive bidding, or that the best interests of the city require that the same be procured ■or effected in some other manner, or unless a case of emergen¬ cy shall arise due to accident, injury or other cause which re¬ quires immediate action by said commission, but in each such excepted case said commission shall cause to be recorded in the records of its proceedings its reasons therefor. Relative to such bidding, bids and contracts, all the provisions of Sec¬ tion 4 of Chapter 391 of the Ordinances of said city, entitled “An Ordinance Creating a Board of Contract and Supply and Defining its Powers and Duties,” approved April 16, 1909, including the bond provisions therein, shall apply. Every contract for work or materials made by said com¬ mission under the authority of this act shall be made or evi¬ denced in writing, and signed by the contractor and a majority of the commission, and no such contract shall be altered ex¬ cept by an agreement in writing signed by the contractor and a majority of the commission, and also by the sureties, if any, on the bond of the contractor for the performance of the con¬ tract, and no contract or alteration of any contract therefor shall be valid or binding on said city unless made and execut¬ ed as aforesaid. No such contract shall be made until said city council shall have made due provision for supplying the necessary funds therefor, or the estimated amount required if the contract depends upon an indefinite amount of work to be done or is otherwise uncertain. Every such contract and agreement shall be in such form as shall be satisfactory to the city solicitor or such special counsel. Every such con¬ tract shall be executed in triplicate, one of such originals for the contractor, one to be filed with said board and the other with the city auditor. 53 No member of said commission and no engineer or other person employed by said commission shall have any personal interest in, or be or become directly or indirectly personally interested or concerned for himself or others, or by any others in trust for him or on his account, or as principal, agent or otherwise, in any contract, agreement, purchase, sale or lease made by said commission in behalf of said city; and said commission shall not make any contract or agreement with or any purchase, sale or lease from or to any copartnership, corporation or joint company, in which any such member, engineer or other employee is interested as a partner, stock¬ holder or in any other manner, except any public service com¬ pany for its services or commodities which are regulated or subject to regulation by law; and any contract, agreement, purchase, sale or lease made in violation hereof shall be void. Sec. 14. All work done under this act, within one-half mile of the City Hall, under or near public streets, squares, and places, shall be conducted so far as may be practicable, in such manner as to leave such streets, squares and places, or a rea¬ sonable part thereof, open for traffic between the hours of seven o’clock in the forenoon and six o’clock in the afternoon on each secular day, except legal holidays, and all work more than one-half mile away from the City Hall shall be conducted in such manner as, in the judgment of the commission, will give reasonable accommodation to the regular traffic and the fire engines and apparatus. Sec. 15. Relative to the construction of any such subway or subways and the appurtenances thereof and facilities therefor in the particular location or locations shown on the construction contract plan or plans, said commission acting for said city, having given any such notice as may be required by law or con¬ tract, from time to time may order the temporary re¬ moval or relocation of any surface tracks, and the temporary or permanent removal or relocation of any sewers, conduits, pipes, wires, poles or other property of any person or corpo¬ ration which interferes with such construction, such removal or relocation to be made within a reasonable time to be fixed in such order, and at the same time so far as is practicable shall grant new locations in the public highways or lands of 54 said city for any such structures ordered removed or relocated which are situated in any public highways or lands of said city. Any person or corporation aggrieved by any such order may appeal therefrom to the Superior Court for the county of Providence within fifteen days from the date notice of such order is given it by said commission, and as soon as may be said court after giving the parties opportunity to be heard shall determine whether such removal or relocation is reason¬ ably necessary to accomplish the purposes of this act and whether the time provided is reasonable therefor, and in ac¬ cordance with its findings shall confirm, quash or modify such order or enter such new order as is necessary as aforesaid. In case any owner of any such structures shall fail to comply with such order of said commission, or on appeal with such order as confirmed, modified or made by said court, said com¬ mission acting for said city may discontinue and remove such tracks, conduits, pipes, wires, poles or other property, and may relocate the same. No such discontinuance, removal or re¬ location of any such structures situated in any public high¬ ways or public lands shall entitle the owner of the property thus affected to any damages on account thereof, except to any extent that any such owner has any contract right with the state or said city inconsistent therewith, and any expense of said city on account of any such discontinuance, removal or relocation done by said commission, shall be repaid to said city by the owner except as aforesaid. If any such structures situated in or upon private lands are removed or relocated hereunder by the owner, the reasonable cost thereof shall be paid to him by said city, or if said commission discontinues, re¬ moves or relocates the same, the expense shall be borne by said city. Any person entitled to any sum of money from said city as aforesaid, or to any damages on ac¬ count of any such discontinuance, removal or reloca- ion, whether made by said commission or by him pur¬ suant to any order, may, if the amount of the same is not agreed upon and paid by said city, recover the same of said city in an action of the case brought in the Superior Court within and for the county of Providence with¬ in two years from the time such cause of action accrues and not thereafter. Said commission may agree for said city with such person upon the amount of the sum due or of said 55 damages, whereupon the same shall be promptly paid to him by said city. Any gas or electric lighting company may shut off the gas or current from any pipes or wires affected by any acts done hereunder, so far as may be necessary to avoid danger of escape or explosion of gas, or other public danger. Said commission shall remove any sewers, conduits, pipes, wires, poles or other property of said city which interferes with any such construction, and shall relocate and reconstruct the same in the public highways or lands of said city, but not until after it has conferred with the officer or officers of the city having the immediate charge thereof. All costs and ex¬ penses of said city hereunder shall be included as part of the cost of such subway or subways, and as part of the costs to defray which said city is authorized to hire money as hereinafter provided. Sec. 16. In connection with the plan of any subway au¬ thorized hereunder, said city may change the location, width or grade of any public highway, alley or square or of any pri¬ vate way of any kind, and may change the grade of the bot¬ tom of the Moshassuck river or of the Woonasquatucket river or of the Providence river at any point north of the Weybosset bridge. Relative to any such proposed change, said commis¬ sion shall prepare a description of such change and any lands to be taken therefor or affected thereby, and also a plat show¬ ing the same, together with a list of the owners of such lands so far as known to said commission, and shall submit such description and plat together with such list to said city council for its action on such proposal. If such change is approved by said city council, said city council within three months from the date of the passage of its resolution to make such change and take any lands needed therefor, shall cause to be filed in the office of the recorder of deeds in said city a statement describing such change and such lands taken therefor or af¬ fected thereby and specifying the nature and extent of the title taken in any such lands by said city, and stating that the change is made and that any lands taken are taken pursuant to the provisions of this act, and also to be filed in such office a plat showing such change and any such land or lands taken therefor or affected thereby. Upon the filing of such state¬ ment and plat, the title of any such land or lands taken there¬ for shall vest in said city to the extent and according to the 56 nature of the title therein taken. Notice of such change and any such taking shall be given by the city clerk and shall be served by the city sergeant of said city upon the owners of and persons interested in such lands taken therefor or affected thereby in the same manner as herinafter provided relative to the taking of lands for such subway. Any such owner or person whose land or interest in land is taken hereunder, or whose estate or interest in any lands abutting on the part of any such public or private way or river where such change is made, is damaged by such change, if the amount of his damages for such taking or such change is not agreed upon and paid by said city, may recover the same of said city in the same manner and by the same course of procedure as herein¬ after provided relative to the taking of lands for such subtvay. All costs and expenses of said city hereunder shall be included as part of the cost of such subway, and as part of the costs to defray which said city is authorized to hire money as herein¬ after provided. Sec. 17. Said city from time to time may sell or lease any parts of, or estates or interests in, any lands, buildings or other property acquired or taken by said city hereunder, whenever said city council, as advised by said commission or otherwise, shall find that the same is not further needed for the purposes of this act. Sec. 18. Said commission and the engineers, surveyors and other agents or servants of said commission are hereby au¬ thorized to enter upon any lands or waters within said limits for the purpose of making, and to make, any examinations, investigations or surveys required for the efficient exercise or performance of any or all the powers or duties of said com¬ mission hereunder, and in connection therewith may place and maintain marks and make any necessary excavations or bor¬ ings therein, and said city shall pay to the owner or owners of such lands any and all damages suffered by them by reason thereof, and if the amount of any such damages is not agreed upon or paid, such owner or owners may recover the same of said city as hereinafter provided. Any such damages relative to any lands taken hereunder accruing during any time prior to the time of such taking shall be recoverable as part of the damages for the taking of such lands. Any such damages 57 relative to any lands not taken hereunder shall be recoverable in an action of the case: provided that such action is brought in the Superior Court within and for the county of Providence within two years from the time such cause of action accrues and not thereafter. No public highway, square or place shall be opened for any such purpose without said commission filing written notice of its intention so to do in the office of the commissioner of public works at least forty-eight hours before beginning the work, except in any case of emergency, and said commission shall see that any such work is done in such man¬ ner as to preserve the public safety. Sec. 19. In case under the authority conferred upon said city by an act entitled “An Act authorizing The Rhode Island Company to locate, make, construct, maintain and operate a street railway subway or tunnel and approaches thereto through College Hill, so called, in the city of Providence.” passed at the January session, A. D. 1912, and pursuant to the Franchise Agreement between said city and said company dated May 27, A. D. 1912, said city shall purchase the sub¬ way or tunnel and approaches thereto and the railways and appurtenances therein or thereon, and the location thereof, between the easterly line of North Main street and the westerly line of Thayer street, which subway is now under construction by said company, said city may, so far as consistent with such authority and contract, or to any extent agreed to by both said city and said company, or its assigns, treat said subway or tunnel as part of its said system of subways, and may agree with said company or its assigns upon such changes, altera¬ tions or enlargements of said subway or tunnel and its ap¬ proaches as the city council of said city may deem necessary or desirable in the public interest, and upon the term of use and the rent for the use of said subway or tunnel and ap¬ proaches thereto including any such changes, alterations or enlargements. Said city may agree by due action of its city council with said company or its assigns, upon any changes or modifications of the provisions of said act and said Franchise Agreement as to the ownership or use of said subway or tun¬ nel and approaches thereto. Said commission may confer with said company, or its assigns, as to any of said matters, and may at any time report to said city council with its recommend¬ ations as to anything pertaining to said subway or tunnel and 58 approaches thereto. The cost of any such purchase and of any such changes, alterations or enlargements shall be in¬ cluded as part of the cost of said city’s subway system, and as part of the costs to defray which said city is authorized to hire money as hereinafter provided. The making or constructing of any such changes, alterations or enlargements shall be sub¬ ject to and in accordance with the provisions hereof the same as any other subway construction hereunder. Sec. 20. In respect to the equipment, use and operation of the railway to be located in any such subway and transporta¬ tion therein, said company or companies shall have all the powers and privileges and be subject to all the duties, liabili¬ ties, restrictions and provisions set forth in general and special laws now or hereafter in force applicable to it or them. To provide for proper connections of the tracks in any subway au¬ thorized by this act with any surface tracks, said company or companies may make such alterations or extensions of any of its or their surface tracks and appurtenances as said commis¬ sion may approve. Sec. 21. All property within such subway or subways which is not an integral part of the same, and which shall be placed therein by such contracting company or companies for the uses of the company in constructing and operating its rail¬ road and providing for its passengers or for any authorized minor uses hereunder shall be and remain the property of such company or companies, and may be removed by it or them after the expiration of the term of the contract use, ex¬ cept that said city may acquire pursuant to contract said prop¬ erty or any parts thereof at the expiration of such term, or may then take the said property, or so much of it as it may require, at its then fair value as agreed upon, or in case said city and such companies shall not agree upon such value, the same shall be determined by the decision of three arbitrators, one to be selected by the city, one by the company or companies, and the third by the two so chosen. The decision of the arbitrators or of a majority of them shall be binding upon the parties. Sec. 22. Relative to every taking by said city of Providence under the authority of this act of any land or lands or any estates, easements, rights or interests in any land or lands, 59 said commission or other authorized representative or rep¬ resentatives of said city shall prepare a description of the same as proposed to be taken and also a plat showing such land or lands, together with a list of the owners thereof so far as known to said commission or such representative or represen¬ tatives, and shall submit such description and plat together with such list to the city council of said city for its action on such proposal. Whenever the city council of said city shall pass any resolu¬ tion to take any land or lands or any estates, easements, rights or interests in any land or lands, for any such purpose or pur¬ poses under any authority in this act contained, said city coun¬ cil within three months from the date of the passage of such resolution shall cause to be filed in the office of. the recorder of deeds in Said city a statement, containing a description of such land or lands and specifying the nature or extent of the title therein taken, as certain as is required in a common con¬ veyance of land, and stating that the same are taken pursuant to the provisions of this act, and stating the purpose or pur¬ poses for which the same are taken hereunder, and also to be filed in such office a plat of such land or lands. Upon the filing of such statement and plat, the title of such land or lands shall vest in said city of Providence in fee sim¬ ple, unless a less estate or interest therein is specified in such statement as taken by said city, in which case such land or lands shall vest in said city to the extent and according to the nature of the title therein taken. After the filing of such state¬ ment and plat, said city may at any time take possession of and enjoy the use of any such land or lands or any estates, ease¬ ments, rights or interests in any land or lands taken as afore¬ said. After such filing of such statement and plat, notice of the taking of such land or lands and such estates, easements, rights, and interests in such land or lands shall be served upon the owners of, and persons having such estates, easements, rights and interests in, such land or lands by the city sergeant of said city of Providence leaving a true and attested copy of such statement with each of such owners and persons personal- 60 - 1 y or at his last and usual place of abode in this state with some person living there, and in case any of such persons are absent from this state and have no last and usual place of abode therein occupied by any person, such copy shall be left with the persons, if any, in charge of or having possession of such land or lands taken of such absent persons, and another copy thereof shall be mailed to the address of such absent persons if the same is known to said officer; and after such filing of such statement and plat, the city clerk of said city shall cause a copy of such statement to be published in some newspaper or newspapers published in said city at least twice a week for four successive weeks. If any of such owners or persons shall agree with said city upon the price of his land or lands or his estate, easement, right or interest in such land or lands so taken, the same shall be paid to him forthwith by said city of Providence. Any owner or person entitled to any such land or lands or to any such estate, easement, right or interest in any such land or lands so taken, who cannot agree with said city of Provi¬ dence upon the price of his land or lands or his estate, ease¬ ment, right or interest in such land or lands so taken, may within six months after personal notice of said taking, or if he have no personal notice may within one year from the date of such filing of such statement and plat apply by petition, to the Superior Court within and for the county of Providence, set¬ ting forth the taking of his land or lands or his estate, ease¬ ment, right or interest in such land or lands, and praying for an assessment of damages by a jury. Upon the filing of said petition, said court shall cause twenty days’ notice of the pen¬ dency thereof to be given to said city by serving the mayor of said city with a certified copy thereof, and may proceed after such notice to the trial thereof, and such trial shall determine all questions of fact relative to the amount and value, of his land or lands or his estate, easement, right or interest in such land or lands, so taken, and judgment shall be entered upon the verdict of such jury and execution shall be issued therefor, and such trial shall be conducted in every respect as other civil cases are tried, including the right to except to rulings and apply for new trial for cause. In case of conflicting claims to any such land or lands, or to any estate, easement, right 61 or interest in any such land or lands, so taken, by any two or more such petitioners, said court may set down the petitions of such petitioners for trial at the sarrie time by the same jury, and may frame all necessary issues for the trial thereof. In case any owner of, or person having any estate, easement, right or interest in, any such land or lands, so taken, shall fail to receive personal notice of the taking thereof, and shall fail to file his petition as provided herein, said court in its discre¬ tion may permit the filing of such petition subsequent to said period of one year from such filing of such statement and plat; provided that such owner or person shall have had no actual knowledge of such taking in season to file such petition and provided that said city of Providence, after such filing of such statement and plat, shall not have paid any other per¬ son or persons claiming to own such land or lands or such estate, easement, right or interest in such land or lands the price or value of the same, or shall not be liable to pay for the same under any judgment rendered against said city under the provisions of this act. Sec. 23. If any lands, or any interests or estates therein, in which any infant or other person not capable in law to act in his own behalf is interested, are taken by said city under the provisions of this act, said Superior Court, upon the filing therein of any such petition by or in behalf of such infant or other person, may appoint a guardian ad litem for such infant or other person, and such guardian may appear and be heard in behalf of such infant or other person; and such guardian may also, with the advice and consent of said Superior Court and upon such terms as said Superior Court may prescribe, re¬ lease to said city all claims for damages for any lands or any in¬ terests in lands of such infant or other person, so taken. Any lawfully appointed, qualified and acting guardian of the estate of any such infant or other person, with the approval of the court of probate within this state having jurisdiction to au¬ thorize the sale of the lands within this state of any such in¬ fant or other person, may, before the filing of' any such peti¬ tion, agree with said commission or other authorized repre¬ sentatives of said city upon the amount of damages sufifered by such infant or other person by any taking of his lands or of his interests in any lands hereunder, and may upon receiving 62 such amount, release to said city all claims of damages of such infant or other person for such taking. Sec. 24. Until otherwise provided by the city council of said city of Providence, said commission shall have authority to represent said city in the making of such agreements, and to agree for said city with any such owners or persons upon the price or value of their land or lands or of their estates, ease¬ ments, rights or interests in such land or lands, so taken, either before or after the filing of any such petitions by such owners or persons, and may for said city agree to settle any claims under any such petitions and any damage or other claims or ac¬ tions against said city under this act, for such sum or sums of money as it may reasonably determine. When any such agreement is made, said commission shall cause its certificate in writing containing the substance of such agreement and signed by the chairman or any chairman pro tempore or a majority of the members of said commission to be filed with the city auditor of said city, and when any required receipt, discharge, release, deed, title, certificate or other lawful con¬ dition is furnished or observed, said city shall forthwith pay the sum of money called for by such agreement to the person or persons entitled thereunder. Until otherwise provided by said city council, said commis¬ sion shall have general authority to represent said city and to make any agreements for said city hereunder, and to do any acts or things necessary for or incidental to executing or ac¬ complishing the purposes hereof and the plans of the city council of said city adopted hereunder, but not to any extent or in any manner inconsistent with any of the express provi¬ sions of this act. When said commission for said city takes actual possession of any land or lands acquired by purchase or condemnation hereunder, it may sell, dispose of and cause to be removed any buildings or improvements thereon which would obstruct the work hereunder or should be re¬ moved to accomplish the purposes hereof; and in settling any claims for damages for any land or lands taken here¬ under, said commission may agree that any such buildings or improvements may be removed by the owner or owners from whom the same were taken in part satisfaction of such damages, but within such express time as will not 63 impede any such work or materially delay the accomplish¬ ment of such purposes. Relative to any such sales, said commission in the name and behalf of said city may give to the purchaser a bill of sale of the property sold. All sums of money received by said commission from any such sales shall be forthwith paid into the treasury of said city. Sec. 25. Said city of Providence is hereby authorized and empowered from time to time to hire any and all sums of money necessary, and to exclusively use the same, to defray the costs of securing such subway or subways, in¬ cluding all costs of acquiring such lands and interests in lands, by purchase or condemnation or both, and all such construction costs and all other expenses of said city and said commission hereunder, and to issue its notes and bonds or either therefor, and to renew any such notes from time to time as the same become due. Said city council shall cause any bonds issued by authority hereof to be issued for such time and in such amounts as shall be fixed by said city council, and after any issue of any such bonds said city council shall annually appropriate, so long as any such bonds are outstanding,a sum sufficient to pay the interest there¬ on. Said city shall establish and maintain a sinking fund for the redemption of all issues of bonds under the authority hereof as they respectively become due; and all premiums arising from the sale of bonds issued by authority hereof shall be placed to the credit of said sinking fund; and all rents, tolls, percentages or other compensation received by said city for any use or uses of such subway or subways or such conduits, pipes or other facilities constructed under the au¬ thority of this act, except such amounts thereof as are suffi¬ cient to pay the interest on such loans and bonds, shall be placed in said sinking fund for said purpose; and all sums of money received from the sale or lease of any property authorized to be sold or leased hereunder shall be placed in said sinking fund for said purpose. In case under any contract pertaining to the construction of any such subway or subways or such conduits, pipes or other facilities, any moneys or securites shall be received by said city by way of forfeit or otherwise for any breach of such contract, the same shall be placed in said sinking fund for said pur¬ pose. 64 Said commission from time to time and as often as once a year shall report to said city council its estimates of the amounts of money needed during the ensuing year in the execution of the provisions of this act and to meet the obli¬ gations of the city arising from the exercise of the powers and authority herein contained, in order that said city coun¬ cil may make seasonable provision for obtaining the neces¬ sary funds therefor. Said city shall have, hold and enjoy in its private or proprietary capacity, for its own property such subway and subways and any such structures connected therewith for carrying said wires, including all subway structures and other such structures connected therewith located in or under any public squares, streets or highways or public lands, and also any and all rents, tolls, income and profits paid under any and all agreements or contracts for the use or uses of said prop¬ erty, and the same shall never be taken by the State except on payment of just compensation. Sec. 26. Any and all salaries, wages and compensation of any and all persons employed by said commission, the expenses of said commission, and all sums of money required for the purpose of paying for lands or interests in lands purchased or taken hereunder, or agreed or contracted to be paid by au¬ thority hereof, and all such construction and other costs, shall be payable by the proper city officers in the same manner and subject to the same course of procedure, so far as consistent herewith, as if said commission were a department of the city government, except relative to any such lands or interests in land purchased the city auditor may accept, in lieu of the certificates of the city solicitor, the certificates of such title examiner or examiners as may be employed by said commis¬ sion that the deeds thereof convey good and sufficient title in the purchased premises to the city of Providence. Sec. 27. Every subway and its appurtenances authorized by this act shall be so built and at all times kept in such con¬ dition that the surface of the ground above the same and in the neighborhood thereof shall not thereby be rendered infirm or unsafe for buildings thereon, or for travel over any street or highway in or under which such subway or appurtenances 65 or any part thereof is located, and any failure of the owner thereof in this respect shall render it liable for damages to be recovered in an action of the case: provided, that any action for such damages caused by the construction of such subway and appurtenances shall be brought in the Superior Court within and for the county of Providence not later than two years from the completion of the same, and any cause of ac¬ tion accruing after such completion shall be brought therein within two years from the time the cause of action accrues and not after. Sec. 28. The debts incurred by said city for the acquisition and construction of such subway or subways and any other structures connected therewith which are authorized hereby shall not be considered in determining the statutory limit of the indebtedness of said city. Sec. 29. Relative to the construction of this act, each sec¬ tion and provision hereof is intended to be separable, except so far as expressly made dependent upon any other provision hereof, and if any section or part thereof should for any cause be held to be ineffective or void, the same shall not be deemed to affect any other provision hereof to any greater extent than is necessary. Sec. 30. This act shall take effect upon its passage, and any acts or parts of acts inconsistent herewith, and the exer¬ cise of any power under any such acts or parts of acts which conflicts with the exercise of any power under this act, are hereby repealed, suspended or modified in so far and only to the extent necessary to make this act effective. 66