AN ACT

To incorporate the State Board of Trustees of the Hoosac Tunnel

Railroad.

_Be it enacted by the Senate and House of Representatives, in General

Court assembled, and by the authority of the same, as follows:_

SECT. 1. The governor, with the advice and consent of the council,

shall, as soon after the passage of this act as may be convenient,

appoint five persons, citizens of this Commonwealth, who shall, on or

before the first day of July next, take the interest of the

Commonwealth in the Troy and Greenfield Railroad, and the Hoosac

Tunnel when it shall be completed by the contractors, and all the

property and interest of the Commonwealth in the Southern Vermont

Railroad Company, and hold the same in trust for the purposes

hereinafter named, one of whom shall hold his office for five years,

one for four years, one for three years, one for two years and one for

one year, from the ___________ day of ___________. Before the first

day of July in each year, one such trustee shall be appointed for the

term of five years; upon the occurrence of a vacancy before the

expiration of a term, an appointment shall be made for the remainder

of such term.

SECT. 2. Said trustees are hereby created a railroad corporation under

the name of the State Board of Trustees of the Hoosac Tunnel Railroad,

and shall have all the powers and privileges, and be subject to the

duties, restrictions and liabilities set forth in the general laws

relating to railroads, so far as the same may be applicable and not

inconsistent with the provisions of this act.

SECT. 3. Before entering upon their duties, said trustees shall be

sworn to the faithful performance of the same. They shall organize by

the election of a president, who shall be one of said trustees, a

clerk and such other officers as shall be necessary, and they shall

prepare by-laws in accordance with which their meetings shall be held.

SECT. 4. Said board of trustees shall have sole charge, direction and

control, subject to the provisions of this act, of the Troy and

Greenfield Railroad and of the Hoosac Tunnel, when said tunnel shall

be completed by the contractors of the Southern Vermont Railroad, and

of such other railroads as may be leased or acquired under the

provisions of this act. They shall appoint a treasurer, a general

manager, whenever they deem such an officer necessary, one or more

superintendents and such other agents as may be required for the

operation of said railroads and tunnel, and they shall define the

duties and fix the compensation of such officers and agents. They

shall establish rates for the transportation of passengers and

merchandise, and make contracts and arrangements with connecting roads

in relation to joint rates and joint business, and they may do all

other things, not inconsistent with the provisions of this act and the

general laws in relation to rail roads, which may be necessary for the

efficient and economical operation of said railroads and tunnel.

SECT. 5. Said board of trustees shall hold in trust all moneys

received from the operating of said railroads and tunnel, and all

moneys which may be appropriated by the Commonwealth for the

completion, extension and improvement of said railroads and tunnel and

for the equipment thereof, and shall faithfully apply the same. They

shall annually pay into the treasury of the Common wealth the net

income received from said roads and tunnel after the payment of the

expenses; and the same shall be set apart, under the direction of the

governor and council, and applied in such manner and at such times as

they shall direct to either or all of the following purposes: the

extinction of any indebtedness, or payment of interest thereon, which

the Commonwealth may at any time incur to carry out the purposes of

this act, or any act in addition to or amendment thereof; the

extinction of the indebtedness, or payment of interest thereon, which

has been or may be incurred in the construction of the Hoosac Tunnel;

and the purchase of stock in any company which shall lease its

franchises, railroad and property in perpetuity to the corporation

herein before created.

SECT. 6. Said board of trustees shall make a semi-annual report to the

governor and council of their doings during the six months next

preceding, and of their receipts and expenditures, and shall make an

annual report to the board of railroad commissioners in the manner and

form and at the time prescribed for railroad corporations.

SECT. 7. Said trustees shall receive, in full compensation for their

services as such, the sum of five thousand dollars each per annum,

except the president of the board, who shall receive eight thousand

dollars, which sums shall be charged to operating expenses. No trustee

shall be appointed to any office in the employ of said board of

trustees, except the president, but the general manager, when such

officer shall be appointed, shall be _ex officio_ a member of the said

board.

SECT. 8. Said board of trustees is hereby authorized to re-locate,

where necessary, the tracks of said Troy and Greenfield Railroad,

taking land therefor in the method prescribed by law in case of land

taken for depot or station purposes, and to complete, extend and

improve the construction and equipment of said railroad and tunnel,

and to prepare the same in all respects for the reception of the

traffic of a through line.

SECT. 9. The sum of five million dollars is hereby appropriated, to be

expended under the direction of said board of trustees in carrying out

the provisions of this act, to be paid to them from time to time as

the same may be required and called for, by a two-thirds vote of said

board of trustees, on the warrant of the governor. And for the

purpose of providing for said appropriation the treasurer of the

Commonwealth is hereby authorized to issue scrip or certificates of

debt in the name and on behalf of the Commonwealth to an amount not

exceeding five million dollars, to be sold or disposed of in such

manner, and at such times, and in such amounts, as the governor and

council shall direct. Such scrip shall be redeemable in not less than

twenty nor more than, forty years from the date thereof, shall bear

interest not exceeding six per cent. per annum, payable semi-annually,

and shall be known as the "Hoosac Tunnel Railroad Loan"; and the

property of the Commonwealth in the Troy and Greenfield Railroad is

hereby set apart and pledged to the redemption of said scrip.

SECT. 10. Said board of trustees is hereby authorized and directed to

lease in perpetuity, or for such term of years as the governor and

council may approve, the franchises and property, and thereafter to

maintain, improve and, operate the railroad, with its branches, of the

Vermont and Massachusetts Railroad Company, on the terms following:

twenty-five per cent. of the gross earnings of said leased railroad

and property shall be reserved annually by said board of trustees as a

specific fund out of which they shall pay to said company, first, a

sum sufficient to pay the interest on the indebtedness of said

company, at the date of said lease, as said interest becomes due, and,

second, a yearly rental equal to ten per cent. on the present capital

stock of said company, free of all taxes upon the stockholders or

said company (and on any additional stock, when the same shall be

issued for existing convertible bonds), or such a proportion of said

rental, not exceeding said ten per cent. and said taxes as said

reserved fund shall be sufficient to pay: _provided_, _however_, that

in no year shall there be paid to said company a rental of less than

four per cent. on said capital stock, and said taxes together with the

amount of said interest; and to the payment of such minimum rental and

interest said board of trustees is authorized to pledge the faith of

the Commonwealth. Said board of trustees is also authorized to assume

and make provision in said lease for the payment of the principal of

said indebtedness. The surplus of said reserved fund shall be annually

passed by said board of trustees to the account of earnings. When said

lease shall have been executed, and while the same continues in force,

said Vermont and Massachusetts Railroad Company may elect, from time

to time, for a term not exceeding five years, one trustee, who shall

be added to said board of trustees, and, upon being sworn to the

faithful performance of his duties, shall become an incorporated

member of the State Board of Trustees of the Hoosac Tunnel Railroad;

and said company may fill vacancies for the remainder of the term.

SECT. 11. Said board of trustees is hereby authorized and directed to

lease in perpetuity, or for such term of years as the governor and

council may approve, the franchises and property, and thereafter to

maintain, improve and operate the railroad, with its branches, of the

Fitchburg Railroad Company, on the terms following: twenty-five per

cent. of the gross earnings of said leased railroad and property shall

be reserved annually by said board of trustees as a specific fund, out

of which they shall pay to said company a yearly rental equal to ten

per cent. on the present capital stock of said company, free of all

taxes upon the stockholders or said company, and also on an additional

capital stock of one hundred thousand dollars, which said company is

hereby authorized to issue and hold for its own benefit, or such a

proportion of said rental, not exceeding said ten per cent. and said

taxes, as said reserved fund shall be sufficient to pay: _provided_,

_however_, that in no year shall there be paid to said company a

rental of less than eight per cent. on said capital stock and said

taxes; and to the payment of such minimum rental, said board of

trustees is authorized to pledge the faith of the Commonwealth. The

surplus of said reserved fund shall be annually passed to the account

of earnings. When said lease shall have been executed, and while the

same continues in force, said Fitchburg Railroad Company may elect,

from time to time, for a term not exceeding five years, one trustee,

who shall be added to said board of trustees, and, upon being sworn to

the faithful performance of his duties, shall become an incorporated

member of the State Board of Trustees of the Hoosac Tunnel Railroad;

and said company may fill vacancies for the remainder of the term.

SECT. 12. Said board of trustees is hereby authorized and directed to

lease the franchises and property, and thereafter to maintain,

improve and operate the railroad, with its branches, of the Troy and

Boston Railroad Company, and shall pay therefor an annual rental equal

to twenty-five per cent. of the gross earnings of said leased railroad

and property. When said lease shall have been executed, and while the

same continues in force, said Troy and Boston Railroad Company may

elect, from time to time, for a term not exceeding five years, one

trustee, who shall be added to said board of trustees, and upon being

sworn to the faithful performance of his duties, shall become an

incorporated member of the State Board of Trustees of the Hoosac

Tunnel Railroad; and said company may fill vacancies for the remainder

of the term.

SECT. 13. In estimating what shall constitute the said twenty-five per

cent. of the gross earnings of said several leased railroads, out of

which their rentals are to be paid, there shall be first deducted from

twenty-five per cent. of their respective gross earnings, six per

cent. per annum on all amounts expended by said board of trustees for

the permanent improvement of said railroads respectively.

SECT. 14. Said Vermont and Massachusetts, Fitchburg, and Troy and

Boston Railroad Companies are severally authorized to lease their

franchises and property to said board of trustees.

SECT. 15. Said board of trustees is further authorized, with the

approval of the governor and council, to lease or purchase necessary

terminal facilities, and also to lease any railroad now built, or

that hereafter may be built, lying in the tunnel route between Boston

and Lake Ontario.

SECT. 16. In the carriage of through passengers and merchandise, the

rates of transportation shall be estimated pro rata per mile, and the

Hoosac Tunnel shall be estimated at such length in miles, not

exceeding fifty, as shall seem equitable to the trustees.

SECT. 17. In the management of such railroads as shall come under the

operation of said board of trustees, there shall be no unequal

discriminations in freights, fares or facilities in favor of or

against different persons, places or connecting railroads.

SECT. 18. In case of the lease of the Fitchburg Railroad under the

terms of this act, the said board of trustees is authorized and

directed to purchase terminal facilities in Boston, westerly of the

freight station of the Boston and Maine Railroad and to arrange with

the Eastern Railroad Company for an interchange of stations in Boston

in such manner as to obviate the necessity of passenger trains on the

Eastern Railroad, Boston and Maine Railroad and Fitchburg Railroad

crossing the tracks of the other, and the Eastern Railroad Company is

hereby authorized, with the assent of said trustees, to take or

purchase all the land, depot property and buildings of the Fitchburg

Railroad Company, situated in Boston south of the channel or

passage-way for vessels through the Fitchburg Railroad bridge over

Charles River, said property to include all the draws and drawbridges

over the passage-way for vessels.

Also all the property, land and buildings situated on the

south-westerly side of the following line, to wit: beginning at a

point on the northerly side of the above-mentioned passage-way for

vessels twenty-two feet nine inches east of the easterly line of the

roadway draw over said passage-way, and running northerly at right

angles to said passage-way, one hundred and three feet five inches, to

a point where said line intersects with the north-easterly line of

said Fitchburg Railroad bridge over Charles River; thence northerly,

following and coinciding with said north-easterly line of bridge,

eight hundred and forty-eight feet; thence turning and running

westerly to a point in the north rail of the north passenger track of

the Fitchburg Railroad, distant four hundred and sixteen feet seven

inches from the south-easterly line of Austin Street, measured on said

north rail of the north track. Said point is also distant twenty-nine

feet four inches at right angles from the southerly side of the wooden

freight house (measured from a point sixty feet distant from the

westerly end) belonging to the Fitchburg Railroad Company, on Front

Street; thence southerly, crossing the Fitchburg passenger tracks at

right angles to a point four feet distant south of the south rail of

south passenger track; thence westerly on a curved line parallel with

the south rail of the south passenger track, and four feet distant

therefrom to the south-easterly line of Austin Street in Charlestown.

And if the Eastern Railroad Company shall so fake the said property of

the Fitchburg Railroad Company, then the Fitchburg Railroad Company

shall take or purchase all the like property of the Eastern Railroad

Company lying between the crossing of the Eastern and Fitchburg

Railroads and Causeway Street in Boston, except the parcel of land to

be taken by the Boston and Maine Railroad, as hereinafter provided;

and in case of the taking or exchange of the tracks and property

herein before described, or any part thereof, the said Fitchburg

Railroad Company shall locate and construct such tracks and bridge

structures on the westerly side of the present line of the Eastern

Railroad as may be necessary to connect its railroad and tracks with

the tracks and property so purchased or taken by it; and shall not

thereafter cross either said Eastern Railroad or said Boston and Maine

Railroad except for freight purposes.

And the Eastern Railroad Company shall locate and construct such

tracks and bridge structures as shall be required to connect its

present tracks northerly of its crossing with the Boston and Maine

Railroad with the tracks and property so purchased or taken by it,

keeping at all times east of a line drawn from a point on the easterly

side of its present location, distant southerly three hundred and

fifty feet, measured on said line from its intersection with the

southerly side of Cambridge Street to the point of intersection of the

northerly line of the state prison wharf with the easterly line of the

location of the Boston and Maine Railroad, and thence keeping east of

said easterly line of said location; and shall not thereafter cross

the tracks of the Boston and Maine Railroad.

And the Eastern Railroad Company shall take any lands now belonging to

the Boston and Maine Railroad in Charlestown or Somerville lying

easterly of such new location; and the Boston and Maine Railroad shall

take all the road-bed, land and property of the Eastern Railroad

Company lying between the line above described for the westerly

limitation of said new location of the Eastern Railroad and the

westerly line of the old location of the Eastern Railroad, and the

present northerly line of the Fitchburg Railroad: _provided_,

_however_, that in case of the aforesaid taking and exchange of

property by and between the Eastern and Fitchburg Railroads, the

Boston and Maine Railroad shall release the Eastern Railroad Company

from all damages for its taking and occupation thereof and take from

the said Eastern Railroad Company so much of the premises described in

the first section of the three hundred and fifty-sixth chapter of the

acts of the year eighteen hundred and seventy-two, as was taken from

the said Boston and Maine Railroad by said Eastern Railroad Company

under the provisions of that act; and said Eastern Railroad Company

shall, without other compensation therefor, release to said Boston and

Maine Railroad all their rights in said premises acquired by them,

taking the same under said act; and _provided_, _further_, that any

exchange of land made under the provisions of this section shall take

effect simultaneously.

All general laws relating to the taking of land for railroad purposes

and to the location and construction of railroads, shall be applicable

to and govern the proceedings in the taking and exchange of lands and

property, and in the making of any new locations under the provisions

of the foregoing sections, except that instead of the county

commissioners three disinterested persons shall be appointed by the

supreme judicial court for the county of Suffolk as a board of

commissioners to determine the values of the lands and property so

taken and exchanged or over which any such location may be made, and

to adjudicate the damages to be paid by any of the others upon the

taking, exchange or locations aforesaid, from whose decision an appeal

shall be to a jury in behalf of either party, as provided by law in

the case of lands taken for railroad purposes.

Any sum of money received by the Fitchburg Railroad in said

interchange of stations and tracks above the expense of necessary

alterations shall be applied to procuring new terminal facilities and

making improvements on said road or may be applied to the reduction of

the capital stock of the Fitchburg Railroad Company in such manner as

may be agreed between the Fitchburg Railroad Company and said board of

trustees.

SECT. 19. This act shall take effect upon its passage.

Minority Report of the Committee on Railways in Relation to the Hoosac Tunnel and the Railroads Leading Thereto With a bill to incorporate the State Board of Trustees of the Hoosac Tunnel Railroad; also the speech delivered by Hon. E. P. Carpenter in the Senate of Massachusetts, June 3, 1873, in support of the same · 第 5 / 24 题