SENATE No. 256 (Eommonrocaltt) of Jllaosactjusetts. Senate, April 10, 1884. The Committee on Harbors and Public Lands, to whom was referred the petition of the Cape Cod Canal Company, the petition of the Old Colony Railroad Company, petition of A. F. Swift and others, J. F. Jones and others, report the accompanying Bill. For the Committee, OWEN A. GALVIN. Messrs. Frank S. Stevens, of the Senate, and Messrs. Butterfield, Almy and Crowell, of the House, dissent. * S (s ss ^ \7 'YkOM, 2 CAPE COD CANAL COMPANY. [Apr. CommotuDcaltl) of illassactjusctts In the Year One Thousand Eight Hundred and Eighty-four. AN ACT In relation to the Cape Cod Canal Company. Be it enacted by the Senate and House of Representatives in General Court assembled , and by the authority of the same , as JbUow8: 1 Section 1. The Cape Cod Ship Canal Com- 2 pany, within six months from the passage of this 3 act, may vary the location of its canal by altering 4 the route thereof at or near Monument Station, 5 so called, and thence extending the same to Buz- 6 zard’s Bay through Back River, so called, and 7 may make other changes in its location, as already 8 filed, subject to the provisions of this section. 9 It shall pay all damages occasioned by laying- 10 out, making and maintaining its canal, or by tak- 11 ing land or materials therefor, and such damages 12 on the application of either party shall be esti- 13 mated by the county commissioners in the manner 14 provided with reference to the laying out of rail- 15 roads. Either party dissatisfied with the estimate 16 of the county commissioners may, at any time 1884.] SENATE —No. 256. 3 17 within one year after it is completed and returned, 18 apply by petition to the superior court for Barn- 19 stable County for a jury to assess the damages, 20 and like proceedings shall be had thereon as in pro- 21 ceedings for damages for laying out of railroads. 22 Said canal company may hie with the county 23 commissioners of the county of Barnstable a 24 written withdrawal of any part or parts of the 25 original location, describing the same by metes 26 and bounds, and so far as the land or other prop- 27 erty covered by said written withdrawal is con- 28 cerned, damages may be recovered to the extent 29 that any person has been injured by the proceed- 30 ings in the manner hereinbefore provided. 1 'Sect. 2. Section seven of chapter two hun- 2 dred and fifty-nine of the acts of the year eigh- 3 teen hundred and eighty-three is hereby amended 4 so as to read as follows: 5 It shall be the duty of the Old Colony Railroad 6 Company so to alter its location as to cross the 7 said canal but once, unless said railroad company 8 and said canal company shall agree otherwise, and 9 they may so agree and fix the places of crossing. 10 If there is but one crossing it shall be at a point 11 to be fixed by the board of railroad com- 12 missioners in case the railroad company and canal 13 company do not agree upon the same, which point 14 of crossing said companies are hereby authorized 15 to fix. The board of railroad commissioners, after 16 due notice to all parties interested and hearing of 17 all who shall appear, shall also determine and pre- 4 CAPE COD CANAL COMPANY. [Apr. 18 scribe in writing the time when and the manner 19 in which the old Colony Railroad Company shall 20 alter its location so as to cross said canal at such 21 point; and in making such alterations said rail- 22 road corporation shall have all the powers and 23 privileges and be subject to all the duties, re- 24 strictions and liabilities set forth in all general 25 laws relating to railroads, except that the dam- 26 ages of landowners shall be assessed against 27 and paid by said canal company, as in case of 28 land taken for railroad purposes. The Cape 29 Cod Ship Canal Company shall thereupon pro- 30 ceed to build the railroad upon the new loca- 31 tion and complete the same in such manner 32 and at such time as may be prescribed by the 33 railroad commissioners, and to their satisfaction, 34 in case the parties do not agree upon the same; 35 and shall pay all damages caused by the con- 36 struction of said railroad upon such new location, 37 and shall be liable for such damages as in the 38 case of the construction of railroads. Said 39 canal company shall pay to said railroad com- 40 pany all damages for the increased length 41 of the line of said railroad, to be ascertained 42 and determined upon application of either party 43 in the manner provided by law for estimat- 44 ing the damages occasioned by the laying out of 45 railroads. The Cape Cod Ship Canal Company 46 shall also build and maintain, and keep in re- 47 pair a bridge or bridges across said canal, suit- 48 able for the passing of the railroad, which said 49 bridges shall each have a suitable draw for the 1884.] SENATE —No. 256. 5 50 passage of vessels, and shall be constructed and 51 maintained under the_ supervision of the board 52 of railroad commissioners. Said railroad com- 53 pany shall appoint a steady and discreet super- 54 intendent, and all necessary assistants for each 55 drawbridge, who shall be paid by said canal 56 company a reasonable compensation, to be fixed 57 by the railroad commissioners. Said superin- 58 tendent shall have full control and direction 59 of the passing of vessels through the draw, 60 and of trains over the bridge, and with said 61 assistants shall be subject to such rules and 62 regulations, not inconsistent with law, as said 63 railroad and canal company shall from time to 64 time prescribe for the operation of said bridge; 65 but such rules and regulations shall be sub- 66 ject to approval and alteration by the said 67 board of railroad commissioners. And said su- 68 perintendent and assistants shall be subject to 69 removal by said board of railroad commissioners. 1 Sect. 3. Section nine of chapter two hundred 2 and fifty-nine of the acts of eighteen hundred and 3 eighty-three is hereby amended by adding at the 4 end thereof the words and the land upon the 5 abandoned location of the Old Colony Railroad 6 Company shall thereupon become the property of 7 said canal company so far as the same may be 8 within the limits of the location of the canal. 1 Sect. 4. Section thirteen of chapter two hun- 2 dred and fifty-nine of the acts of eighteen hundred 6 CAPE COD CANAL COMPANY. [Apr. 3 and eighty-three is amended so as to read as 4 follows: — 5 Sect. 13. The said canal company shall pro- 6 vide and maintain at Monument, North Sand- 7 wich, and at West Sandwich, at such points as 8 may he designated by the county commissioners, 9 suitable ferries across their canal for passengers 10 and teams, to be operated free from tolls, under 11 rules to be established by the county commission- 12 ers. Said canal company shall forfeit fifty dollars 13 for each day it shall fail to provide and maintain 14 such ferries, to be recovered upon complaint or 15 indictment in the county of Barnstable to the use 16 of said county. 1 Sect. 5. Section fourteen of chapter two hun- 2 dred and fifty-nine of the acts of the year eighteen 3 hundred and eighty-three is amended so as to 4 read as follows: — 5 Sect. 14. The said canal company shall also 6 construct such highways to connect with the 7 ferries provided for in section four of this act, 8 and such other highways as may be necessary to 9 replace the highways destroyed by the construc- 10 tion of said canal, in such manner and at such 11 time as the county commissioners for the county 12 of Barnstable shall prescribe, upon each side of 13 said ferries. After the completion of such high- 14 ways, and their acceptance by the said county 15 commissioners, the said canal company shall not 16 be responsible in any manner for the further main- 17 tenance of the same. SENATE — No. 256. 7 1884.] 1 Sect. 6. Said corporation shall not be required 2 to pay any state or local taxes for five years from 3 the passage of this act. 1 Sect. 7. Section two of chapter two hundred 2 and fifty-nine of the acts of the year eighteen 3 hundred and eighty-three is amended by adding 4 at the end thereof the following words: And 5 the construction and maintenance of said canal, 6 with the necessary breakwaters, wharves, locks, 7 docks and other structures, shall be subject to the 8 supervision of the harbor and land co'mmission- 9 ers. But nothing herein contained shall be so 10 construed as to require the building of locks in 11 said canal unless a board of three competent 12 engineers appointed by the governor, with the 13 advice and consent of the council, shall decide 14 that they are necessary. The compensation of 15 said engineers shall be fixed by the governor and 16 council, and paid by the treasurer of the Com- 17 monwealth. Said canal company shall pay to the 18 treasurer of the Commonwealth such sum of 19 money as shall be necessary to pay for the 20 services and expenses of said board of engi- 21 neers. The materials excavated from the tide 22 waters in Buzzard’s Bay and Barnstable Bay 23 shall be so disposed of, under the direction of the 24 harbor and land commissioners, as not to interfere 25 with the fishing interests, and the material ex- 26 cavated shall be deposited within the limits of the 27 location of the canal as far as practicable, under 8 CAPE COD CANAL COMPANY. [Apr. >84. 28 the direction of the harbor and land commis- 29 sioners. 1 Sect. 8. The charter, corporate existence, 2 organization and location of said canal company 3 are hereby recognized, ratified and affirmed. 1 Sect. 9. To defray the expenses and recom- 2 pense the services of the county commissioners 3 under the charter of said canal company and this 4 act, it shall be the duty of said canal company to 5 pay each of said commissioners the sum of six 6 dollars per day for the time actually consumed in 7 discharging their duties: provided , however , that 8 said canal company shall not be required to pay 9 either of said commissioners for more than fifty 10 days’ service in any year. 1 Sect. 10. This act shall take effect upon its 2 passage.