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Full text of "Boston Elevated Railway Company : statutes, surface railway leases, contracts for use of subways and tunnels, 1887-July, 1916"

STATi TRANSPORTATION LIBRARY 
HO PARK PIAZA 
BOSTON, MA 02M6 * 



BOSTON 

ELEVATED RAILWAY 

COMPANY 



STATUTES 

SURFACE RAILWAY LEASES 

CONTRACTS FOR USE OF SUBWAYS AND TUNNELS 

1887— JULY, 1912 



COMPILED BY 



GASTON, SNOW & SALTONSTALL 

General Solicitors 



BOSTON 

PRESS OF GEO. H. ELLIS CO. 

1912 



CONTENTS. 



Part I. 
STATUTES. 

PAGE 

Stat. 1887, Chap. 413 3 

1890, " 454 " f 7 

1893, " 478 8 

1894, " 548 10 

1895, " 440 22 

1896, " 492 24 

1897, " 347 24 

1897, " 500 25 

1898, " 467 37 

1900, " 258 41 

1901, " 90 41 

1902, " 114 42 

1902, " 388 .. 42 

1902, " 534 43 

1904, " 167 50 

1905, " 460 51 

1905, " 466 52 

1906, " 520 52 

1907, " 258 68 

1907, " 277 69 

1907, " 497 70 

1907, " 519 74 

1907, " 530 75 

1907, " 573 77 

1908, " 388 77 

1908, " 521 79 

1908, " 551 79 

1909, " 383 80 

1910, " 579 80 

1910, " 630 80 



PAGE 

Stat. 1911, Chap. 740 82 

" 1911, " 741 91 

" 1912, " 485 106 

" 1912, " 640 106 

" 1912, " 644 107 



Part II. 

SURFACE RAILWAY LEASES. 

West End Street Railway Company Lease of 1897 Ill 

Old Colony Street Railway Company Lease of 1903 125 

Boston and Northern Street Railway Company Lease of 1907 . . . 137 



Part III. 

CONTRACTS FOR USE OF SUBWAYS AND TUNNELS. 

Contract for Use of Tremont Street Subway, 1896 145 

Contract for Use of Washington Street Tunnel, 1902 155 

Lease of East Boston Tunnel, 1904 162 

Contract for Use of Dorchester Tunnel, 1911 167 

Contract for Use of Boylston Street Subway, 1911 175 

Contract for Use of East Boston Tunnel Extension, 1911 182 

Contract for Use of the Tunnel of the Cambridge Connection, 1911 189 

Extension of the Contract for Use of Tremont Street Subway, 1911 197 

Extension of the Lease of East Boston Tunnel, 1911 199 

Extension of the Contract for Use of Washington Street Tunnel, 1911 202 



Part I. 
STATUTES. 



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Stat. 1887, Chap. 413. 

An Act to authorize the West End Street Railway Com- 
pany and Certain Other Street Railway Companies 
to lease and to purchase and hold the property, 
Rights and Franchises of Each Other, and to unite 
and consolidate with each other and certain other 
Street Railway Companies, and to locate and con- 
struct Tunnels, and to establish and maintain the 
Cable and Electric Systems of Motive Power, and 
for Other Purposes. 

Be it enacted, etc., as follows: 

Section 1. The West End Street Railway Company and 
each of the other street railway companies now authorized to 
run cars in or into the city of Boston, and each corporation 
formed by consolidation as herein provided, may unite and 
consolidate with any or all said companies, and may purchase 
and hold the whole or any part of the property, rights and 
franchises of any or all of the same; and each of said com- 
panies may lease, sell, convey and assign to said West End 
Street Railway Company, or to any other of said companies 
now existing or hereafter formed by consolidation under this 
act, the whole or any part of its property, rights or franchises, 
and may unite and consolidate with said West End Street 
Railway Company, or any corporation formed by consolida- 
tion as aforesaid, or with any street railway company now 
authorized to run cars in or into the city of Boston; but such 
leases, purchases, sales and consolidations shall be only upon 
such terms and conditions as shall be agreed upon in the first 
instance by the directors and then by a majority in interest 
of the stockholders of each corporation at meetings of the 
stockholders of each corporation called for that purpose and 
approved by the board of railroad commissioners; and in every 
case of purchase by one corporation of the entire property, 
rights and franchises of another or others as aforesaid, the cor- 
poration purchasing shall have, hold, possess, exercise and enjoy 
all the locations, powers, privileges, rights, franchises, property 
and estates which, at the time of such purchase, shall be had, 
held, possessed or enjoyed by the corporation or corporations 
selling, or either or any of them, and shall be subject to all the 
duties, restrictions and liabilities to which they, or either or any 
of them, shall then be subject; and in every case of consolida- 
tion as aforesaid the corporations uniting shall constitute a 
new corporation under such name as shall be agreed upon in 
the manner and at the meetings aforesaid; but the calling of 
the first meeting of said new corporation, and the manage- 
ment of its business until the election of officers shall be pro- 
vided for in its articles of consolidation ; and every corporation 



The West End 
Street Railway 
Company and 
each of the 
other street 
railways in 
Boston may 
unite and con- 
solidate. 
173 Mass. 447. 
202 Mass. 304- 
309. 



Terms and 
conditions to 
be agreed 
upon by a 
majority of the 
stockholders. 



STAT. 1887, CHAP. 418. 



Rates of fare 
not to be 
increased. 



May issue 
preferred stock 
not exceeding 
$6,400,000. 
202 Mass. 305, 
308. 



formed by consolidation as aforesaid shall have, hold, possess, 
exercise and enjoy all the locations, powers, privileges, rights, 
franchises, property and estates which, at the time of such 
union, shall be had, held, possessed or enjoyed by the corpora- 
tions uniting, or either or any of them, and shall be subject to 
all the duties, restrictions and liabilities to which they, or either 
or any of them, shall then be subject, and to all general laws 
then or thereafter in force relating to street railway companies, 
except as provided in this act : provided, that any street railway 
company created under this act shall not be permitted to in- 
crease the rates of fares to an amount exceeding that charged 
upon the different routes at the date of the passage of this act. 

Sect. 2. Said West End Street Railway Company and any 
corporation formed by consolidation with said company, under 
section one of this act, may, having been first authorized to do 
so by a vote of the majority in interest of its stockholders at a 
meeting called for that purpose, issue from time to time its 
preferred stock to an amount not exceeding six million four 
hundred thousand dollars at par, with shares of the par value 
of fifty dollars each; and the holders of such preferred stock 
shall, in preference and priority over the common and all other 
stock of the corporation, forever be entitled to semi-annual 
dividends, to be paid out of the net profits of the corporation, 
not to exceed, however, eight per centum per annum, which 
shall be determined at such meeting, which dividends shall be 
cumulative, but shall not be entitled to participate in any in- 
crease or issue of new stock, common or preferred, which may 
at any time be made by said corporation; and such preferred 
stock shall have the same power of voting and transfer as said 
common stock, and shall be counted with said common stock 
in all questions of majorities and quorums, and may be issued 
in exchange, share for share or upon such other terms as may be 
agreed upon, for the stock of the other street railway corpora- 
tions now, or under the provisions of this act, authorized to 
run cars in or into the city of Boston, upon the surrender and 
transfer of said stock of said other street railway corporations 
by the holders thereof; and all of said stock of said other street 
railway corporations acquired in exchange for such preferred 
stock as aforesaid shall at once be deposited with such trust 
company incorporated under the authority of this Common- 
wealth, and having its principal place of business in said city 
of Boston, as shall be selected by the directors of said West 
End Street Railway Company, or the consolidated corporation 
acquiring the same; and said stock of said other street railway 
corporations shall be held by said trust company and its suc- 
cessors, with the power and upon the trust to vote upon the 
same in all matters, as requested by said directors, until all of 
the shares of said other street railway corporations respectively 
shall have been received by it; and when, and as often as, all 
the shares of any one of said other street railway corporations 
shall have been so received by it, the same shall be cancelled, 



STAT. 1887, CHAP. US. 



and thereupon all the locations, powers, privileges, rights, fran- 
chises, property and estates of said corporation shall belong to, 
and become and be vested in said West End Street Railway 
Company, or the consolidated corporation acquiring the same, 
without any further or other conveyance, assignment or trans- 
fer, and said West End Street Railway Company, or said 
consolidated corporation shall be subject to all the duties, re- 
strictions and liabilities to which said other corporation shall then 
be subject; and said trust company shall have no power to sell 
or transfer any of said stock acquired by it in exchange for such 
preferred stock. Any part of the amount of preferred stock 
hereby authorized may be issued for cash at not less than its 
par value, for the purpose of applying the proceeds thereof 
to the purchase of any of the property, rights and franchises 
which said corporation is hereby authorized to acquire or pur- 
chase, said stock to be disposed of as provided in sections fifty- 
eight and fifty-nine of chapter one hundred and twelve of the 
Public Statutes; provided, however, that no more preferred stock 
shall be issued under this act than the present amount of the 
capital stock of the railways which shall be consolidated or 
united under the provisions of the first section hereof nor than 
shall be necessary in amount to replace the common stock 
which shall be retired or exchanged for such preferred stock in 
such proportions as shall be agreed upon between the contract- 
ing corporations; and no such preferred stock shall be issued 
except for the purpose of acquiring the stock of such other cor- 
porations; but in case the property, rights and franchises of 
any corporation shall be purchased or acquired hereunder for 
such an amount of said preferred stock at its par value as shall 
be less than the capital of the corporation so purchased or 
acquired, the amount of preferred stock thus saved in the 
exchange may be used and issued for the purpose of acquiring 
in part any other of said street railway companies. 

Sect. 3. Said West End Street Railway Company, and 
any corporation formed by consolidation under section one of 
this act, may, from time to time, increase its capital stock as 
provided by the laws of this Commonwealth, and also to such 
an amount as the board of railroad commissioners may deter- 
mine to be necessary or expedient to carry into effect the pro- 
visions of this act, and the par value of shares of the capital 
stock of said company shall be fifty dollars each. 

Sect. 4. Said West End Street Railway Company, and 
any corporation formed by consolidation under this act, or 
authorized to run cars in or into the city of Boston, may, with 
the consent of the board of aldermen of the city, or the select- 
men of the town, in which such action is contemplated, estab- 
lish and maintain the cable and electric systems of motive 
power, or either of them; and having first obtained permission 
from the board of aldermen of such city or the selectmen of 
such town, and the railroad commissioners, may make such 
underground and surface alterations of the streets in which its 



Any part of 
preferred 
stock may be 
issued for cash 
for purpose of 
purchasing 
property, fran- 
chises, etc. 



Proviso. 



May increase 
capital stock. 



May maintain 
the cable and 
electric systems 
of motive 
power. 



6 



STAT. 1887, CHAP. 413. 



May construct 
and maintain 
one or more 
tunnels under 
streets and 
under public 
and private 
lands. 

Affected Stat. 
1908, Chap. 
551, Sect. 8. 
Affected Stat. 
1911, Chap. 
740, Sect. 12. 



Proceedings to 
be had before 
tunnel is con- 
structed. 



tracks shall be located, as may be necessary to establish and 
maintain such cable and electric systems of motive power or 
either of them. 

Sect. 5. Said West End Street Railway Company, or any 
corporation formed by consolidation therewith under the pro- 
visions of this act, may, from time to time, for the purpose 
of furnishing to the public better street railway accommodation, 
with the consent of the board of aldermen and of the board of 
railroad commissioners, to be given as hereinafter provided, 
locate, construct and maintain one or more tunnels between 
convenient points in said city in one or more directions under 
the squares, streets, ways and places, except as hereinafter 
provided, and under public and private lands, estates and prem- 
ises in said city, with the necessary approaches and access 
thereto, and with suitable tracks, side tracks, turn-outs, 
switches, turn-tables, depots, stations and waiting-rooms, and 
for that purpose may, from time to time, take by purchase or 
otherwise, and hold such lands or interest therein and such 
rights of way and easements therein as may be necessary there- 
for, and for the proper construction, maintenance, lighting, 
ventilating and use of said tunnels, depots, stations and wait- 
ing-rooms and the necessary approaches and access thereto, 
but only in the manner and upon the terms hereinafter speci- 
fied. Before any such tunnel shall be constructed or any work 
thereon shall be begun, and before the taking of any lands, 
rights, easements or interest therein under this act, said cor- 
poration shall prepare a plan of the proposed location of said 
tunnel on an appropriate scale, with an accurate profile thereof 
on a vertical scale of ten to one as compared with the hori- 
zontal scale, and showing also the grades and levels of the 
surface of the land over the same, and the length, width, height 
and manner of construction proposed, sufficiently complete 
and detailed to enable a competent engineer to construct the 
same and to determine the sufficiency and security thereof, 
and shall procure the report of a skilful engineer, based on 
actual examination and survey, showing the feasibility of the 
construction proposed, and approving thereof, which plan and 
report, with a petition for the approval thereof, shall be filed 
with the board of aldermen of the city of Boston and the board 
of railroad commissioners; and if the said board of aldermen 
and the board of railroad commissioners, after such public 
hearing and notice to parties interested as they shall severally 
direct, shall approve said plan and location, or any such amended 
plan and location as may be adopted by said corporation and 
approved by said boards, they shall sign and give to the said 
corporation a certificate thereof, which shall be taken as their 
consent to the location, construction and maintenance of said 
tunnel as herein required. Said tunnel or tunnels, when com- 
pleted, shall be for the use and under the control of said West 
End Street Railway Company or other corporation construct- 
ing the same for the running of street cars; and the same may 



STAT. 1890, CHAP. 454- 



be extended or enlarged from time to time in the same manner 
as is herein provided for their original construction. 

Sect. 6. Said corporation shall at the time of taking, other- 
wise than by purchase, any land or right of way or easement 
or other interest therein, file in the registry of deeds for the 
county of Suffolk a declaration of such taking and a full and 
specific plan and description thereof, sufficiently accurate for 
identification, with a statement of the purpose for which the 
same is so taken, which description and statement shall be 
signed by the president of the corporation, and thereupon 
said taking shall be complete; and the corporation shall be 
liable to pay all damages that shall be sustained by any person 
or corporation by reason of the taking of any such lands or 
right of way, easement or other interest therein, or by reason 
of the construction and maintenance of said tunnel; such dam- 
ages to be ascertained, determined and recovered upon the 
application of either party, in the manner provided for ascer- 
taining, determining and recovering damages in the case of 
laying out, constructing and maintaining railroads within the 
city of Boston and the taking of lands and materials therefor; 
and said corporation shall give security for all such damages 
and for costs, if required, in the like manner as is provided in 
case of such laying out of railroads in said city. 

Sect. 7. No location shall be granted upon and no tunnel 
shall be constructed under Boston Common under this act. 

Sect. 8. No location and no alteration or revocation of 
location of a street railway, and no authority to run cars over 
or use the tracks of another street railway, whether surface 
or elevated, in the cities of Boston, Cambridge, or in the town 
of Brookline, shall hereafter be valid until approved by the 
board of railroad commissioners. Nothing herein contained 
shall affect any proceeding now pending before the mayor and 
board of aldermen of the city of Cambridge. 

Sect. 9. The acceptance, by the association for the forma- 
tion of said West End Street Railway Company, of the location 
granted to said association on the twenty-eighth day of Decem- 
ber, eighteen hundred and eighty-six, by the selectmen of the 
town of Brookline, which has heretofore been filed by said 
association and accepted by said selectmen, shall, to all intents 
and purposes, be deemed to have been filed on the twelfth day 
of January, eighteen hundred and eighty-seven, and shall have 
the same force and effect as if then filed. 

Sect. 10. This act shall take effect upon its passage. 
[Approved June 15, 1887.} 



Declaration of 
taking land, 
etc., with full 
plan and de- 
scription to be 
filed in registry 
of deeds. 



Tunnel not to 
be constructed 
under Boston 
Common. 

Location not to 
be valid until 
approved by 
the railroad 
commissioners. 



Acceptance of 
location, etc. 



Stat. 1890, Chap. 454. 

An Act to authorize the West End Street Railway 
Company to build Elevated Railways. 

By Stat. 1911, Chap. 740, Section 12, such authority shall 
cease after June 10, 1922. 



8 



STAT. 189S, CHAP. 478. 



Board of sub- 
way 

commissioners, 
appointment, 
organization, 
compensation, 
etc. 

Affected Stat. 
1894, Chap. 
548, Sect. 23. 
174 Mass. 153. 
176 Mass. 14. 



Location and 
construction 
of subway. 
Affected Stat. 
1894, Chap. 
548, Sects. 25, 
29 
174 Mass. 153. 



Taking of 
lands, etc. 
Affected Stat. 
1894, Chap. 548, 
Sects. 28, 31. 
174 Mass. 154. 



Description 
of lands, etc. 
Affected Stat. 
1894, Chap. 
548, Sect. 32. 



Damages, 



Stat. 1893, Chap. 478. 

An Act Relative to the Construction of Subways in the 

City of Boston. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Boston shall appoint, 
subject to confirmation by the board of aldermen of said 
city, as in the case of other heads of departments of said city, 
three commissioners to constitute a board of said city, to be 
known as the board of subway commissioners. Said board 
shall choose one of its number to be chairman and a person 
not one of its number to be secretary; and said commissioners 
shall receive such compensation for their services, to be paid 
out of the proceeds of the loan hereinafter authorized, as 
the city council of said city shall by order determine. 

Sect. 2. The said board is hereby authorized to lay out and 
construct a subway for street railway purposes sufficient to 
contain two or more parallel tracks, with suitable approaches, 
stations, exits and entrances. Said subway shall extend 
through Tremont Street and lands adjacent thereto, except- 
ing Boston Common, from a point or points at or near the 
junction of Tremont and Pleasant Streets to Scollay Square, 
and may continue through Court Street or other streets and 
lands near Scollay Square to a point or points where in the 
judgment of said board a suitable and advantageous exit to 
connect with surface tracks may be obtained. 

Sect. 3. The said board is hereby authorized to select 
and take in the name and behalf of said city, by purchase or 
otherwise, such lands and rights of way, either upon or below 
the surface, as in the judgment of said board may be requisite 
for the widening of said subway or for suitable approaches 
thereto and extensions thereof to connect with surface tracks 
and for suitable stations, exits and entrances. 

Sect. 4. The said board shall, within thirty days after 
the taking of any land or rights of way, file in the registry 
of deeds for the county of Suffolk and cause to be recorded 
a description of the lands or rights of way so taken, as cer- 
tain as is required in a common conveyance of land, with a 
statement of the purpose for which the same are taken; which 
description and statement shall be signed by said commissioners 
or a majority thereof, and the fee of the land or the rights of 
way so taken or purchased shall vest in the city of Boston. 
The city shall be liable to pay all damages that shall be sustained 
by any person or persons by reason of taking such lands or 
rights of way as aforesaid; such damages to be ascertained and 
determined in the manner provided for ascertaining and de- 
termining damages in case of the laying out, altering or dis- 
continuing of ways in the city of Boston. 



STAT. 1893, CHAP. 478. 



9 



Sect. 5. Said board may employ one or more competent 
engineers to make surveys, submit plans, advise said board 
and to superintend the construction of said subway. Said 
board may also employ a competent architect to assist said 
board and its engineers, and to prepare plans for the archi- 
tectural features and detail of said subway, which shall be 
made architecturally and otherwise as attractive as may be 
within reasonable limits of expense. 

Sect. 6. The city of Boston for the purpose of purchasing 
or taking land or rights of way for said subway, the widen- 
ing or extension thereof, the approaches thereto, and for 
stations, exits and entrances, and for the purpose of enabling 
said board of commissioners to lay out and construct said 
subway, and to defray the expense thereof, may incur indebt- 
edness and authorize the city treasurer of said city to issue 
from time to time as said board shall request, negotiable bonds 
or certificates of indebtedness to an amount not exceed- 
ing two millions of dollars outside of the limit of indebted- 
ness fixed by law for said city. Such bonds shall be payable 
in not exceeding fifty years from their date, and shall bear 
interest, at a rate not exceeding four per cent, per annum, 
as the city council may determine. The said treasurer shall 
sell such bonds or certificates or any part thereof from time 
to time, and retain the proceeds thereof in the treasury of 
said city, and pay therefrom the expenses incurred by said 
board in carrying out the purposes of this act. 

Sect. 7. On the completion of said subway, said board of 
commissioners shall have the right and power to compel the 
cars of any lines of street railway running in or through said 
city, to run in or through said subway at such rate of com- 
pensation, to be paid by the railway company or companies 
using the same, to said city, as shall be determined by the board 
of railroad commissioners to be just and reasonable. 

Sect. 8. The said board of subway commissioners shall 
have the power and authority to grant to any private cor- 
poration the right to place any pipes, wires or conduits in said 
subway, upon such terms and at such rates of compensation, 
to be paid to said city, as said board of subway commissioners 
shall deem to be just and reasonable. 

Sect. 9. The said board of subway commissioners shall 
care for all the pipes and sewers along the line of said sub- 
way belonging to said city, and shall resurface and repave 
the streets over said subway, putting the same in as good 
condition as before; the expense attending the care of said 
pipes and sewers, resurfacing and repaving shall be paid out 
of the proceeds of said loan. 

Sect. 10. Said commission shall report to the city council 
for its further disposition. 

Sect. 11. This act shall take effect upon its adoption by 
the city council of the city of Boston. [Approved June 10, 1893.] 



Engineers and 
architect. 
Affected Stat. 
1894, Chap. 
548, Sect. 24. 



Bonds, etc., 
not exceeding 
$2,000,000. 



Running of 

cars. 

174 Mass. 154. 



Placing of 
pipes. 



Care of pipes, 
etc., repaving, 
etc. 



Report. 



To take effect 
upon adoption. 



10 



STAT. 1894, CHAP. 548. 



Boston Ele- 
vated Railway 
Company 
Incorporated. 
Limited Stat. 
1897, Chap. 
500, Sect. 7. 
Partially re- 
pealed, Stat. 
1897, Chap. 
500, Sect. 21. 
Affected Stat. 
1908, Chap. 
551, Sect. 7. 
170 Mass. 76. 
181 Mass. 208. 
183 Mass. 179. 

187 Mass. 331. 

188 Mass. 415, 
439. 

191 Mass. 75, 

104. 

194 Mass. 84. 

199 Mass. 99, 
128. 

200 Mass. 554. 

201 Mass. 99. 

Capital stock. 
Partially re- 
pealed, Stat. 
1908, Chap. 
551, Sect. 7. 



May issue 
bonds, etc. 



May mortgage 
its fran- 
chise, etc. 
Amended Stat. 
1897, Chap. 
500, Sect. 1. 

Issue of stock 
and bonds to be 
approved by 
railroad com- 
missioners. 



System of 
construction to 
be approved by 
railroad com- 
missioners. 
Amended Stat. 
1897, Chap. 
500, Sect. 2. 
192 Mass. 313. 
200 Mass. 554. 

Locations. 



Stat. 1894, Chap. 548. 

An Act to incorporate the Boston Elevated Railway 
Company and to promote Rapid Transit in the 
City of Boston and Vicinity. 

Be it enacted, etc., as follows: 

Section 1. Joe V. Meigs, Thomas W. Hyde, Willard 
Rowland, Theodore W. Myers, Joseph H. O'Neil, Fred C. 
Patch, Charles A. Whittier, Abram S. Hewitt, Samuel M. 
Roosevelt, William S. Butler, George H. Towle, William 
Spaulding and Herman Haupt, their associates and succes- 
sors, are hereby made a corporation by the name of Boston 
Elevated Railway Company, subject to all general laws which 
now are or may hereafter be in force relating to railroad cor- 
porations, so far as applicable, except as hereinafter provided, 
but said corporation shall not transport freight or baggage. 

Sect. 2. The capital stock of said corporation shall be 
not less than ten million dollars, divided into shares of one 
hundred dollars each. The capital may be increased from 
time to time, by vote of said corporation, to an amount not 
exceeding twenty million dollars in all. 

Sect. 3. Said corporation may issue coupon or registered 
bonds to an amount which, including that of bonds previ- 
ously issued, shall not exceed in all the capital stock of the 
corporation actually paid in at the time. It may issue its 
bonds to provide means for construction and equipment, and 
for funding its floating debt, and for the purchase of such 
real or personal estate as may be necessary or convenient for 
the operation of its railway and in payment of any debt of 
said corporation. 

Sect. 4. Said corporation may mortgage or pledge, as secu- 
rity for payment of its bonds, its franchise and any or all of its 
real or personal property, and property thereafter acquired by it. 

Sect. 5. All issues of stock and bonds under the provisions 
of this act shall be subject to approval and certification by 
the board of railroad commissioners, in the manner provided 
in chapter four hundred and sixty-two of the acts of the year 
eighteen hundred and ninety-four, relative to the issue of stock 
and bonds by railroad and street railway companies. 

Sect. 6. Said corporation may construct lines of elevated 
railway according to the plans or systems shown in the patents 
granted to Joe V. Meigs, or according to such other plans or 
systems, except the system now in use in New York, known as 
the Manhattan system, as the board of railroad commissioners 
may approve, upon the following locations, and may equip, 
maintain and operate engines and cars thereon, to wit: — 

First. From a point on Main street, near Sullivan square, 
in that part of Boston called Charlestown, through and over 



STAT. 1894, CHAP. 548. 



11 



Main street, to and through City square, to and through Warren 
avenue, to and over any existing bridge or over a new bridge across 
Charles river, to and through Beverly street, to and through Hay- 
market square, to and through Union street, to and through Dock 
square, to and through a new street which shall be built by said 
city, of the width of eighty feet, and one half of the cost of which 
shall be paid by said corporation, in the line of Congress street, 
between State street and Dock square, to and through Congress 
street and Post Office square, to and through Federal street, to and 
over Federal-street bridge or a new bridge across Fort Point channel, 
to and through Dorchester avenue to the Milton line. 

(a) A branch railway through Alford street, to and over Maiden 
bridge, to and through Main street, Everett, to the Maiden line. 

(b) A branch railway from Everett square, to and through Chelsea 
and Ferry streets to the Maiden line. 

(c) A branch railway from the junction of Broadway and Main 
street, Everett, to and through Broadway to the Maiden line. 

(d) A branch railway from said City square, to and through 
Chelsea street, to and over Chelsea bridge or a new bridge across 
the Mystic river, to and through Broadway, Chelsea, to and through 
Broadway, Revere, to and through Central avenue, to and through 
Beach street to Crescent Beach. 

(e) A branch railway from Fennel's Corner, Revere, to and 
through Beach street, to and through Winthrop avenue to Beach- 
mont. 

(/) A branch railway from Dorchester avenue to and through 
West Broadway, to and through Dorchester street, to and through 
East Second street to City Point at Marine Park. Also a branch 
railway from Dorchester avenue to Sixth street, thence to D street, 
D street to Eighth street, Eighth street to L street, L street to Sixth 
street, to City Point and Marine Park. 

(g) A branch railway from Field's Corner through Neponset 
avenue to Neponset bridge. 

Second. From a point on Bow street in Somerville, near its 
junction on Walnut street, through Bow street, to and through 
Union Square, to and through Webster avenue, to and through 
Cambridge street, to and over Craigie bridge or a new bridge 
across Charles river to a point on Charles street between Allen 
and Poplar streets in Boston, through Charles street, to and 
through Leverett street, to and through Brighton street, to 
and through Lowell street, to and through Causeway street, 
to and through Portland street, to and through Merrimac street, 
to and through Washington street, to and through Dock square, to 
and through Devonshire street, to and through Franklin street, to 
and through Arch Street, to and through Chauncy street, to and 
through Harrison avenue, to and through Kneeland street, to and 
through Washington street to its junction with Hyde Park 
avenue. 

(h) A branch railway from the junction of Washington and 
Warren streets, through Warren street, to and through Dudley 
street, to and through Blue Hill avenue to Vaughn street. 



Revoked Stat. 
1907, Chap. 
530. 



Somerville 
locations 
revoked Stat. 
1907, Chap. 
530. 

Cambridge 

locations 

revoked in 

part 

Stat. 1906, 

Chap. 520, 

Sect. 30. 

Revoked Stat. 
1907, Chap. 
530. 



Location 
extended Stat. 
1907, Chap. 
519. 



12 



STAT. 1894, CHAP. 548. 



Amended Stat. 
1897, Chap. 
500, Sect. 3. 
Cambridge 
locations re- 
yoked except on 
its connection 
with bridge. 
Stat. 1906, 
Chap. 520. 
See 30. 

Revoked Stat. 
1907, Chap. 
530. 



Cambridge lo- 
cations revoked 
except over and 
connecting with 
bridge. 

St. 1906, C.520, 
S.30. 
St. 1907, C. 530. 



Revoked Stat. 
1907. Chap. 530. 



Locations and 
plans to be 
approved, etc, 
before any 
work is done. 
See, also, Stat. 
1897, Chap. 
500, Sects. 6, 
13. 



Location, 
construction, 
etc., to be an 
additional 
servitude, etc. 
Affected Stat. 
1897, Chap. 
500, Sect. 9. 

See, also, Stat. 
1907, Chap. 
277. 



Third. From a point in Brattle square in Cambridge, through 
Brattle square, to and through Mount Auburn street, to and 
through Putnam square and Putnam avenue, to and through 
Green street, to and through Western avenue or Central square, 
to and through Main street, to and over West Boston bridge, 
or a new bridge, or from a convenient point of deflection on 
Main street to and over a new bridge across the Charles river, 
to and through Charles street in Boston, to and through Park square, 
to and through Pleasant street, to and through Tremont street, to 
and through Pynchon street, to and through Centre street to the 
corner of May street. 

(i) A branch railway from Park square to and through Colum- 
bus avenue, to and over the location of the Boston and Albany 
railroad, with the consent of the directors of the Boston and Albany 
Railroad Company at a height of not less than twenty feet above 
the roadbed of said railroad, or by some other convenient route or 
way, to and through Huntington avenue, to and through Tremont 
street, to and through Washington street in Brookline to Village lane. 

(j) A branch railway from a point near the junction of River 
and Main streets in Cambridge, through River street, to and over 
Cambridge-street bridge or a new bridge across Charles river, 
to Cambridge street in that part of Boston called Brighton, 
to and through Cambridge street in said Brighton, to and through 
Washington street to Oak square. 

(k) A branch railway from Charles street, to and through 
Cambridge street, to and through Bowdoin square, to and through 
Court street, to and through Brattle street to Dock square. 

(I) A branch railway from Park square to and through Eliot 
street to Kneeland street. 

Sect. 7. Said corporation shall not do any work in any 
city or town until the streets through which its railway shall 
be laid in such city or town shall be approved by the mayor and 
aldermen of the city or the selectmen of the town, and shall 
not do any work on any new bridge aforesaid until the location 
thereof and the plans therefor shall be approved by the board 
of harbor and land commissioners, and said corporation may 
vary or alter the locations aforesaid within the limits of a city 
or town, with the approval of the mayor and aldermen of the 
city or the selectmen of the town, and may construct such 
branches, spurs, sidings, turnouts, connections, deflections, 
switches, extensions and loops in connection with any of its 
locations as may be authorized by the board of railroad com- 
missioners. 

Sect. 8. The location, construction, maintenance or opera- 
tion of said lines of railway in any public or private way shall 
be deemed an additional servitude and entitle lessees, mort- 
gagees and other parties having an estate in such way or in 
premises which abut thereon, and who are damaged by reason 
of the location, construction, maintenance and operation of 
said lines of railway, to recover reasonable compensation in the 
manner herein provided. Any such person may at any time 



STAT. 1894, CHAP. 548. 



13 



within three years after, the construction of such railway upon 
or in front of his premises, file in the clerk's office of the superior 
court for the county where his said premises lie, a petition set- 
ting forth his claim and the amount thereof against said corpora- 
tion. He shall give to said corporation fourteen days' notice 
of the filing of such petition, and answer thereto shall be filed 
by said corporation within thirty days after the return day of 
such notice. 

Sect. 9. Any such petition shall be heard before a jury, 
if either party claims such right at the time of the filing of the 
petition, or within ten days after the filing of the answer thereto; 
otherwise the same shall be heard before the court without a 
jury. The finding shall be on the following questions, to wit: 
First. Has the petitioner's estate been damaged more than 
it. has been benefited or improved in value by reason of the 
location, construction, maintenance or operation of such rail- 
way? Second. If so, how much? If the answer to the first 
question shall be "No," a verdict shall be rendered for the cor- 
poration; otherwise a verdict shall be rendered for the petitioner 
for the amount found in answer to said second question, includ- 
ing interest from the day of the filing of the petition. 

Sect. 10. Said corporation may locate stations at conven- 
ient points, with suitable exits and approaches to and from the 
streets and stations; but the same, except platforms and ap- 
proaches thereto from buildings, shall not be located in any 
public way sixty feet or less in width, nor shall the same be 
located in any other public way or place unless approved by 
the mayor and aldermen or selectmen. 

Sect. 11. Said corporation may lease, purchase, or other- 
wise take the fee of land, outside of limits of public ways, parks 
and other public lands, for the purpose of constructing its 
railway, buildings, shops, stations, engine and car houses, and 
for any purpose necessary for the construction or convenient 
use by said corporation or the public of its said railway, and 
for such purposes may take any private property in the manner 
in which land may be taken for the construction of railroads 
as set forth in sections ninety-five, ninety-six and ninety-seven 
of chapter one hundred and twelve of the Public Statutes. 
Said corporation shall pay all damages occasioned by the taking 
of such land or private property in accordance with the provi- 
sions of this section, and such damages on the application of 
either party shall be estimated and determined in the manner 
provided in reference to the assessment of damages occasioned 
by the laying out of highways. 

Sect. 12. Said corporation shall, upon the entry of judg- 
ment pursuant to findings upon the foregoing provisions of 
Section 9, pay or tender to the judgment creditor the amount 
of such judgment with costs. If such payment or tender shall 
not be made within thirty days after the entry of such judg- 
ment, the court in which the same has been so entered shall 
issue its execution to compel the payment thereof. 



183 Mass. 180. 

187 Mass. 333, 
336. 

188 Mass. 405, 
414. 

191 Mass. 225, 

513. 

202 Mass. 118. 



Proceedings 
relative to 
damages. 
Affected Stat. 
1897, Chap. 
500, Sect. 9. 
183 Mass. 180. 
191 Mass. 225, 
518, 520. 



May locate 
stations at 
convenient 
points. 

Amended Stat. 
1897, Chap. 
500, Sect. 20. 
See, also, Sect. 6. 



May take cer- 
tain lands, etc. 
Affected Stat. 
1897, Chap. 
500, Sect. 9. 
Affected Stat. 
1900, Chap. 
258 

174* Mass. 100. 
183 Mass. 182. 
191 Mass. 520. 
200 Mass. 554. 



Payment of 
damages. 



14 



STAT. 1894, CHAP. 548. 



Deposit to be 
made with 
treasurer of 
the Common- 
wealth, etc. 
Affected Stat. 
1897, Chap. 
500, Sect. 13. 
199 Mass. 138, 
140. 



Deposit to be 

returned when 

not required 

for purposes of 

this act. 

199 Mass. 138, 

140. 

Highways, etc., 
to be restored 
to good con- 
dition, etc. 

See 1908 files of 
Supreme Jud. 
Ct., Suffolk 
County, No. 
13049 Eq. 



Subject to 
taxation. 

May establish 
rates or tolls. 
Repealed Stat. 
1897, Chap. 
500, Sect. 22. 

See Stat. 1897, 
Chap. 500, 
Sect. 10. 

Shall issue 
transfers. 



May acquire 
and operate 
other lines of 
railway, etc. 
Superseded by 
Stat. 1897, 
Chap. 500, 
Sect. 11. 



Sect. 13. Said corporation before it shall begin the con- 
struction of any line of railway under this act shall deposit 
with the treasurer of the Commonwealth two hundred thou- 
sand dollars in cash or securities satisfactory to said treasurer, 
which, together with the three hundred thousand dollars 
required by the provisions of section nineteen of this act, shall 
be in the hands of said treasurer a fund out of which any execu- 
tion issued pursuant to the provisions of the preceding section 
shall be paid by said treasurer. When said fund shall have 
been reduced to three hundred thousand dollars the said treas- 
urer shall notify said corporation of the amount then in said 
fund, and said corporation shall within ten days thereafter 
pay to said treasurer such sum as shall restore said fund to the 
amount of five hundred thousand dollars. 

Sect. 14. The supreme judicial court may at any time, 
on application of said corporation, when it shall satisfy said 
court that there is no longer occasion for said fund for the 
purposes of this act, order the said treasurer to pay the same 
to said corporation or its assigns. 

Sect. 15. Whenever said corporation shall make any ex- 
cavations in or near any public highway, or shall set any 
foundation, pier or post in or near the same, the surface of the 
street, sidewalk or other ground shall be restored as soon as 
practicable to the condition, as near as may be, in which it 
was before the excavation was made; and any interference 
which shall be made with or change in water or gas mains 
or pipes, sewers, drains or other subterranean works shall be 
upon condition that the same shall be immediately restored to 
a serviceable condition, as good as before such change or 
interference, and at the sole cost and expense of said corpora- 
tion. The said corporation shall, at its own expense, strengthen 
any bridge over which its railway shall pass, in such manner 
as the board of railroad commissioners shall determine. 

Sect. 16. Said corporation shall be annually assessed, and 
shall pay taxes in the same manner as though it were a street rail- 
way company. Said corporation may establish for its sole benefit 
a toll or fare which shall not exceed upon the routes fixed by the 
provisions of this act the sum of five cents for a single passage 
between the termini of said routes, and this sum shall not be re- 
duced by the legislature during a period of twenty years from the 
passage of this act. And transfer checks shall be issued or trans- 
fers made on demand, without additional payment, which shall 
entitle a passenger to a continuous ride from any station to any 
other station on the system. 

Sect. 17. Said corporation may lease, purchase, own, and 
operate any lines of street or elevated railway which may be or 
become tributary to its lines, and enjoy all the rights and privi- 
leges enjoyed by those owning or operating such street or ele- 
vated railways, but no such lease or purchase shall be made or 
shall be valid if made, unless the railroad commissioners shall 
first decide that the public interests would not be thereby inju- 



STAT. 1894, CHAP. 548. 15 

riously affected. Any such lease or purchase shall be subject to 
the provisions of an act of the current year entitled "An act 
relating to leases and consolidations of railroad and street 
railway companies." 

Sect. 18. When said elevated railway has been constructed Construction 
or any portion thereof, but before the same shall be opened for by raSoad™ 
public use, it shall, upon application of said corporation, be J^mSs.Tis. 
examined by the board of railroad commissioners, and if it 
appears to be in a safe condition for operation then said board 
shall give a certificate to said corporation to that effect, which 
certificate shall be filed in the office of the secretary of the 
Commonwealth, and thereupon said corporation shall be au- 
thorized to operate said railway. Said corporation may at Appeals, 
any time appeal from any decision of the board of railroad 
commissioners upon any question to the superior court, where 
issues of fact shall be framed, and tried before a jury if either 
party claims such right. Said court shall enter such judgment 
or decree in the premises as justice shall require, and shall have 
power to enforce the same by appropriate process. 

Sect. 19. Said corporation shall, on or before the expiration shall apply for 
of six months from the date of the acceptance of this act, as pro- L^mo^ths 11 
vided in section forty of this act, apply for a route of not less than from date of 
five miles of track in the city of Boston, and shall, on or before Repealed stat! 
the first day of February in the year eighteen hundred and ninety- O oo^s?ct ap 22. 
five, or within thirty days after the approval of such route by the cha^^soo 97 ' 
mayor and aldermen, if such approval is not made until after the Sect. '13. 
first day of January of said year, deposit with the treasurer of the 199 Mass " 138, 
Commonwealth the sum of three hundred thousand dollars in cash 
or securities satisfactory to said treasurer, and the same or such 
portion of the sum remaining after the payment of all executions 
under the provisions of section thirteen of this act shall be forfeited 
to the Commonwealth if said corporation shall negligently fail 
to construct at least five miles of its railway on such route so 
approved within two years from the date of the approval of such 
route as provided in this act. 

Sect. 20. The supreme judicial court and any justice Enforcement, 
thereof, and the superior court and any justice thereof, shall vision! pr °" 
have jurisdiction in equity, on petition of any party interested, Superseded by 
to compel compliance with the provisions of this act, and to en- chap. 500,'sect. 
force any order made under the authority of this act, and to 520 192 Mass! 
prevent violations of any of the provisions hereof; and if it 316*. 
shall be found, on complaint of any city or town in which said 
corporation is authorized by this act to build a railway, or any 
party interested, that said corporation has negligently failed to 
comply with the provisions of this act, said court may order 
the removal of the structure or pass such other order or decree 
as it may deem proper in the premises, and may declare its 
charter forfeited and dissolve the corporation: provided, how- Proviso, 
ever, that no petition in equity shall be filed for damages for 
which an action is given by this act until payment thereof has 
been refused on execution issued as provided in section twelve. 



16 



STAT. 1894, CHAP. 548. 



Franchise tax 
to be imposed 
on and after 
the year 1907, 
etc. 

Repealed Stat. 
1897, Chap. 
500, Sect. 22. 
See Stat. 1897, 
Chap. 500, 
Sect. 10. 
199 Mass. 97. 



Boston Com- 
mon and 
certain streets 
and ways not 
to be occupied, 
except, etc. 
Affected Stat. 
1895, Chap. 
440, Sect. 3. 
See Stat. 1897, 
Chap. 500, 
Sect. 4. 



Boston Transit 
Commission, 
appointment 
of members of. 
See Stat. 1893, 
Chap. 478, 
Sect. 1. 
193 Mass. 349. 



Vacancy. 



Salary. 



Organization 
of commission. 

See Stat. 1893, 
Chap. 478, 
Sect. 5. 

Duties and 
compensation 
of employees. 



Subways may 
be constructed, 
etc. 

Affected Stat. 
1895, Chap. 
440, Sects. 2 
and 5. 



Sect. 21. On and after the first day of January in the 
year nineteen hundred and seven such franchise tax of not less 
than one per cent, nor more than five per cent, of the gross earn- 
ings of said corporation, as the board of approval provided for 
in section sixty-two of chapter thirteen of the Public Statutes 
shall annually determine, shall be imposed upon said corpora- 
tion. Said tax shall be paid into the treasury of the Commonwealth 
and distributed to the different cities and towns in proportion to 
the mileage of said railway in operation therein. 

Sect. 22. Nothing in this act contained shall be construed 
to permit the occupation of any other part of Boston Com- 
mon for any of the purposes named in this act, or of Wash- 
ington street between Dock square and Eliot street, or of 
Tremont street between Scollay square and Eliot street, or 
of Copley square in the city of Boston, except as specifically 
mentioned in this act. Nothing herein contained shall au- 
thorize, except by purchase, the taking of land by any rail- 
road company. 

Sect. 23. The governor shall appoint, with the advice 
and consent of the executive council, two discreet persons, 
who, together with the commissioners appointed under the pro- 
visions of chapter four hundred and seventy-eight of the acts 
of the year eighteen hundred and ninety-three, shall consti- 
tute a board to be known as the Boston Transit Commission, 
and shall hold office for the term of five years from the date 
of the passage of this act. Any vacancy in said commission 
shall be filled by the mayor of said city, subject to the ap- 
proval of the board of aldermen, as in the case of officers in 
charge of the departments in said city, or by the governor 
of the Commonwealth, with the advice and consent of the 
executive council, according as said vacancy occurs among 
the members originally appointed by the mayor of said city 
or by the governor, respectively. Each of said commission- 
ers shall receive an annual salary of five thousand dollars or 
such other sum as the city council shall by ordinance pro- 
vide. 

Sect. 24. Said commission shall organize by the choice 
of a chairman, and may from time to time choose a secretary 
and such engineers, clerks, agents, officers, assistants and 
other employees, not of their number, as it may deem neces- 
sary; may determine the duties and compensation of such 
employees, and may remove the same at pleasure; shall at 
all times keep accurate accounts of all expenditures made 
under this act, and shall make an annual report of its doings, 
containing an abstract of said accounts, to the city council 
of Boston. 

Sect. 25. Said commission may construct in the city of 
Boston a subway or subways of sufficient size for four rail- 
way tracks, with approaches, entrances, sidings, stations and 
connections therefor, and for the running of railway cars 
thereon, through and under Tremont street and the adjoining 



STAT. 1894, CHAP. 548. 



17 



mall of Boston Common, or other public or private lands ad- 
joining or near said street, from a point or points within one 
thousand feet of the junction of Tremont street and Shawmut 
avenue to, through and under Scollay square; thence through 
and under Hanover street and Washington street, Cornhill, 
Brattle and Washington streets or other streets, or public or 
private lands, to a point or points on Washington street, or 
between Scollay square and Causeway street. Said commis- 
sion may discontinue as public ways Travers street between 
Canal street and Haverhill street, and such streets or portions 
of streets between Eliot street and the Boston and Albany 
railroad as it may deem necessary for said subways or for 
entrances, approaches or inclines thereto. 

Sect. 26. Said commission may construct a tunnel or tun- 
nels of sufficient size for two railway tracks, with approaches, 
entrances, sidings, stations and connections therefor, and for 
the running of railway cars therein, from a point on or near 
Scollay square in the city of Boston, where a suitable connec- 
tion may be made with the subway or subways provided for 
by this act, to a point on or near Maverick square, in that part 
of Boston called East Boston, where a suitable connection with 
surface tracks may be made. 

Sect. 27. Said commission may also construct subways, 
to be used for the same purposes as said other subways, but 
which may be made of sufficient width for two tracks only, as 
follows: From Tremont street through and under Boylston 
street and the adjoining mall of Boston Common, or other 
public or private lands adjoining said street, to a point on or 
near Boylston street. where a suitable connection with surface 
tracks may be made; from Boylston street through and under 
Park square and Columbus avenue, or other lands adjoining 
said square and avenue, to a point on or near Columbus avenue, 
where a suitable connection with surface tracks may be made, 
and from Tremont street through and under Park street and 
the adjoining mall of Boston Common, Temple street, and 
Staniford street, or other public or private lands adjoining said 
streets, to a point on or near Staniford street or Merrimac square, 
where a suitable connection with surface tracks may be made. 

Sect. 28. Said commission shall not begin the work of 
constructing any of said subways until it has filed in the office 
of the city surveyor of said city a plan signed by said commis- 
sion showing the route or location of the part of a subway 
which it proposes to construct. Any such plan so filed may 
be altered at any time by a new plan signed and filed in like 
manner. 

Sect. 29. Said commission may locate and construct said 
subways, tunnels, approaches, tracks, sidings, stations, en- 
trances and connections where it deems best within the limits 
aforesaid, and may place the entrances to the portions of said 
subways and tunnels intended for one railway, at points along 
the aforesaid routes distinct and different from the entrances 



166 Mass. 364. 

174 Mass. 154. 

176 Mass. 10. 

201 Mass. 585. 



Tunnel may be 
constructed to 
East Boston. 
174 Mass. 154. 
176 Mass. 14. 



Additional sub- 
ways may be 
constructed. 
166 Mass. 364. 
174 Mass. 155. 



Work not to be 
commenced 
until plan is 
filed. 



Location and 
construction of 
subways, etc., 
to be at dis- 
cretion of 
commission, 
except, etc. 
166 Mass. 364. 
174 Mass. 155. 



18 



STAT. 1894, CHAP. 548. 



May construct 
bridge over 
Charles River, 

Affected Stat. 
1897, Chap. 
500, Sect. 12.« 
166 Mass. 360. 



May take and 
use certain 
public ways, 

181 Mass. 235. 
184 Mass. 587, 
589. 



to the portions intended for another railway, but shall not 
permanently occupy above the surface of the ground for any 
purpose any part of said common, except so much of the 
Tremont and Boylston street malls as may be necessary for 
stairways to stations and coverings therefor; shall not be- 
tween Boylston street and Park street, occupy or disturb any 
part of the surface of Tremont street east of the westerly track 
of the West End Street Railway Company as at present located; 
and shall so conduct the work of construction that all streets 
and places under or near which a subway is constructed shall 
be open for traffic between eight o'clock in the forenoon and 
six o'clock in the afternoon. 

Sect. 30. Said commission shall construct a bridge over 
Charles river, having regard to its use for railway purposes, 
between the present Charles-river bridge and the Fitchburg 
railroad bridge; and may, in its discretion, reconstruct Warren 
bridge with a width not exceeding one hundred feet; and shall 
make the draws in said bridge so built or reconstructed of such 
width as the board of harbor and land commissioners shall 
approve; and no compensation shall be required for occupa- 
tion of lands of the Commonwealth, or displacement of tide 
water, but in all other respects the provisions of chapter nine- 
teen of the Public Statutes and acts in amendment thereof or 
in addition thereto shall apply to such building or reconstruc- 
tion. Said commission may make approaches to said bridges 
not exceeding one hundred feet in width, and may discontinue 
the present Charles-river bridge; and after such discontinuance 
the approaches thereto shall be kept open for landing places 
or other public uses. 

Sect. 31. Said commission may, for the purposes of this 
act, which it is required or authorized to carry out, use public 
ways and lands subject to the limitations herein contained; 
may take for the city of Boston, by purchase or otherwise in 
fee, any part or the whole of the property bounded by Hay- 
market square, Canal, Causeway and Haverhill streets, and 
any other lands, including the buildings thereon, which said 
commission may deem necessary for said purposes; may take 
for said city, by purchase or otherwise, easements or estates 
or rights in lands, including the right to go under the surface 
thereof or through or under buildings or parts of buildings 
thereon; and any such taking in fee or otherwise may be made 
whether the lands taken or otherwise affected are held under 
or by title derived under eminent domain, or otherwise. A 
taking under this section of an easement or other estate or 
right in a given parcel of real estate, whether such parcel con- 
sists of unimproved land or of land and buildings, may be 
confined to a portion or section of such parcel fixed by hori- 
zontal planes of division, below or above, or at the surface of 
the soil, and in such case no taking need be made of upper or 
lower portions or sections except of such easements therein 
as said commission may deem necessary. 



STAT. 1894, CHAP. 548. 19 

Sect. 32. Said commission, to make any taking by right Description of 
of eminent domain, shall cause to be recorded in the registry {jgh t of eminent 
of deeds for the county of Suffolk a description of the lands, J°™£ d to e b t ^ 
easements, estates or rights to be taken, as certain as is re- 
quired in a common conveyance of land, with a statement 
that the same are taken under the authority of this act, which 
description and statements shall be signed by said commis- 
sion, and the lands, easements, estates or rights described 
in said description shall upon such recording be taken for, 
and shall vest in, said city. 

Sect. 33. Said commission may remove the buildings May remove 
from any and all lands taken by it, and may sell or lease for &nX tiken? m 
improvement or otherwise any part of, or estate or interest etc - 
in, any lands or rights so taken, whenever the same shall, in 
the opinion of said commission cease to be required for the 
purposes of this act. And any person or corporation acting 
under authority of this act may enter into and upon any 
lands, and make surveys and examinations and place and 
maintain marks therein, and may do all other acts thereon 
incidental to such surveys, examinations and placing and 
maintaining marks. 

Sect. 34. Said commission shall determine all damages sus- Damages. 
tained by any person whose property is injured by it under fs^lfnVp^' 
authority of Section 27, or is taken by it, and if any such per- |JJ» s™^- ^ gQ 
son cannot agree with said commission as to the damages so 
sustained, such damages may be determined by a jury in the 
superior court for the county of Suffolk, on petition there- 
for of said commission or of said person against said city, 
filed in the clerk's office of said court within one year after 
such taking, or the property is so injured, and judgment shall 
be entered upon the determination of such jury, and costs shall 
be taxed and execution issued in favor of the prevailing party 
as in civil cases. 

Sect. 35. Said commission may, on or before the comple- Commission 
tion of said subways and tunnels, grant locations for tracks ESions nt for 
to, and for two tracks in, said subways and tunnels, to be used ? rac ¥ to and , 

i 7 . . ., 7 J • i ii -i m subways and 

by any street railway company or companies; shall order tunnels, etc. 
all surface tracks to be removed from Tremont street be- i|g e 5 C , te cha S p. at ' 
tween Boylston street and Scollay square, and from Boylston Amended' stat 
street between Park square and Tremont street; and may 1896, chap. 
order any other tracks which, in its opinion, have been ren- i66'Mass. 365. 
dered unnecessary by the construction of said subways and J|* J^*- yjj- 
tunnels, and which are above said subways and tunnels, or 
within a distance of one thousand feet from any entrance 
to said subways and tunnels, to be removed from the 
streets. Said commission shall, subject to the approval of Conditions and 
the board of railroad commissioners, fix by contract the pen S \tio£ om ~ 
terms and conditions and rates of compensation for the a Ub i e C vai t0 of 
locations for said two tracks in any of said subways and railroad 
tunnels, and for the use thereof by any street railway com- AmeTd^st".' 
pany or companies during a term of years not exceeding fifty. i896,cha P . 492. 



20 



STAT. 1894, CHAP. 648. 



Surface tracks 
not to be laid in 
certain streets. 



May order 
temporary 
removal or 
relocation of 
surface tracks, 
etc. 

180 Mass. 517 
et seg. 



Regulating use 
of wires along 
route of sub- 
ways, etc. 



Rapid Transit 

Loan. 

See Stat. 1895, 

Chap. 440, 

Sects. 4, 7. 

See Stat. 1897, 

Chap. 500, 

Sect. 18. 

166 Mass. 363. 

171 Mass. 428. 



Sinking fund. 
Affected Stat. 
1895, Chap. 
440, Sect. 4. 
171 Mass. 428. 
176 Mass. 15. 



Surface tracks shall not be laid or maintained in that part of 
any street from which said commission may have ordered such 
tracks removed, as herein provided. 

Sect. 36. Said commission may order the temporary 
removal or relocation of any surface tracks in or on any land 
or way through or under or near which any subway, tunnel 
or railway aforesaid is to be built, also the removal or 
relocation of any conduits, pipes, wires or poles of any person 
or corporation which it deems to interfere with the construc- 
tion or operation of any such subway, tunnel or railway, and 
the person or corporation owning such tracks, wires or other 
property shall comply with said orders. Any person or cor- 
poration using or authorized by law to use wires along the 
route of any such subway or tunnel may place them therein 
in such manner and on such terms as said commission may 
approve. Said commission shall also designate locations in 
or adjoining said subways and tunnels for sewers, gas-pipes, 
water-pipes, conduits and electric wires; and may fix the terms 
and conditions and rates of compensation to be paid for such 
locations and the use thereof. 

Sect. 37. The treasurer of the cit}^ of Boston shall from 
time to time, on the request of said commission, issue and 
sell at public or private sale, bonds, registered or with interest 
coupon attached, as he may deem best, in the name and behalf 
of said city, to an amount not exceeding seven millions of 
dollars, and such further amount for said Charlestown bridge 
and its approaches, in addition to the seven hundred and 
fifty thousand dollars heretofore appropriated therefor by 
the city council of said city, as may be necessary for the com- 
pletion of said bridge and approaches. Said bonds, including 
said seven hundred and fifty thousand dollars, shall be desig- 
nated on their face, Rapid Transit Loan, shall be for the term 
of forty years, and at rates of interest not exceeding four per 
cent, per annum, as said treasurer shall determine, payable 
semi-annually. The debt incurred under the provisions of 
this section, except the seven hundred fifty thousand dollars 
aforesaid, shall not be included in determining the limit of 
indebtedness of said city. The proceeds of said bonds shall be 
used to meet all damages, costs and expenses incurred in carry- 
ing out the provisions of this act by said commission and all 
expenses heretofore incurred for the purposes specified in 
chapter four hundred and seventy-eight of the acts of eighteen 
hundred and ninety-three. 

Sect. 38. The board of commissioners of sinking funds 
for the city of Boston shall establish a sinking fund for the 
payment of the bonds issued under this act. All premiums 
received from the sale of said bonds, all moneys or securi- 
ties deposited with the treasurer of said city under the pro- 
visions of this act and forfeited to said city, and all proceeds 
from any sale of lands or rights taken under authority of 
this act, shall be paid into said sinking fund. All rents, per- 



STAT. 1894, CHAP. 548. 



21 



cent ages, or other annual compensation received from any 
person or corporation for any use of any of said subways, 
tunnels or adjacent locations, or for any use of any lands or 
rights taken under authority of this act shall be annually 
used by the said treasurer, first, to meet any deficiency in 
the sinking fund requirements for said bonds, after the pay- 
ments hereinbefore provided for have been made; second, to 
meet the interest on said bonds, and the surplus, if any, as a 
part of the general revenue of said city for the maintenance 
of its public parks. 

Sect. 39. Said commission may take in fee, by purchase, Certain lands 
or otherwise, a strip of land from the southern entrance of £? y pU rpoaes n of 
said subway, at or near the junction of Tremont street and an elevated 
Shawmut avenue, to Franklin Park in said city. Said strip 
shall be taken in and along and across public ways or lands, 
or through private property, and shall not be less than twenty- 
five feet nor more than thirty-five feet in width. Said strip 
of land from Pleasant street to Dudley street shall be taken 
between Tremont and Washington streets; and from Dudley 
street to Franklin park between Warren street and Blue Hill 
avenue. Said commission may also take in fee, by purchase, 
or otherwise, a strip of land not less than twenty-five nor 
more than thirty-five feet in width, from the said entrance to 
said subway on or near Columbus avenue to a point on said 
first mentioned strip of land. Said strip or strips of land 
shall be used for an elevated railway, and for such other pub- 
lic purposes as said commission shall determine. 

Sect. 40. This act shall take effect upon its passage; but when to take 
said railroad corporation shall not do any work in any public 
way or place, or take any land under the right of eminent 
domain, nor shall said Boston Transit Commission take any 
land or commence the construction of any subway or tunnel 
until this act shall be accepted by a majority of the voters 
of said city voting at some special election called by the mayor 
of said city or at some state or municipal election designated 
by said mayor, such election to be held during the year eighteen 
hundred and ninety-four. [Approved July 2, 189 4-] 

The foregoing act was accepted at a special election held 
July 24, 1894. 



effect. 

166 Mass. 357. 



22 



STAT. 1895, CHAP. 440. 



1894, 548, Sect. 
34, amended. 
174 Mass. 156. 
180 Mass. 520. 
201 Mass. 589. 



Construction 
of subways, 
damages. 



May be con- 
structed for 
less than four 
tracks in 
certain cases, 

See Stat. 1894, 
Chap. 548, 
Sect. 25. 



Certain portion 
of the Common 
not to be 
permanently 
occupied, etc. 
See Stat. 1894, 
Chap. 548, 
Sect. 22. 
166 Mass. 365. 



Stat. 1895, Chap. 440. 

An Act Relative to the Constkuction of Subways in 

the City of Boston. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-four of chapter five hundred 
and forty-eight of the acts of the year eighteen hundred and 
ninety-four is hereby amended by striking out in the first, 
second, third and fourth lines the words "Said commission 
shall determine all damages sustained by any person whose 
property is injured by it under authority of section twenty- 
seven, or is taken by it," and inserting in place thereof the 
words: — Said commission may agree with any person as to 
the amount to be paid, as damages sustained by him, for 
any property taken, or injured, by said commission under 
authority of this act or of any act in amendment hereof, — so as 
to read as follows: — Section 3Jf. Said commission may agree 
with any person as to the amount to be paid, as damages 
sustained by him, for any property taken, or injured, by said 
commission under authority of this act or of any act in amend- 
ment hereof, and if any such person cannot agree with said 
commission as to the damages so sustained, such damages 
may be determined by a jury in the superior court for the county 
of Suffolk, on petition therefor of said commission or of said 
person against said city, filed in the clerk's office of said court 
within one year after such taking, or the property is so in- 
jured, and judgment shall be entered upon the determina- 
tion of such jury, and costs shall be taxed and execution issued 
in favor of the prevailing party, as in civil cases. 

Sect. 2. Nothing contained in said act shall be construed 
as preventing the said commission from constructing subways 
for less than four railway tracks in any portion of the routes 
defined in the act where said commission deems that the con- 
struction of a subway or subways for four tracks is unnec- 
essary or inexpedient; but said commission is authorized 
to make suitable provisions for the future enlargement of any 
subway or subways so as to accommodate four tracks in 
any portion of said routes, and to make such enlargement 
when said commission deems it expedient so to do. 

Sect. 3. No portion of the Common, with the exception 
of the malls on Boylston and Tremont streets, shall be per- 
manently occupied above the surface of the ground for any 
of the purposes of the subway except so far as necessary for 
the suitable ventilation thereof, and no portion of said malls 
shall be permanently occupied above the surface of the ground 
except so far as necessary for suitable ventilation, and for 
shelter and other accommodations at the station entrances 
and exits. In constructing the subway under the Common 



STAT. 1895, CHAP. MO. 23 

said commission shall not be limited to the line of the malls, 
provided that additional space is necessary or expedient in 
order to secure suitable curves and stations for the subway, 
and a suitable loop for turning cars, nor shall said commission 
be prohibited from disturbing the surface of Tremont street 
east of the westerly track of the West End street railway 
except between Winter street and a point one hundred and fifty 
feet northerly of Boylston street. In no case shall the sub- 
way extend under the Common more than sixty feet beyond 
the present limit of said malls. 

Sect. 4. In order that the debt created for the construe- Proceeds from 
tion of said subways may be limited as nearly as possible to ^ies of lands, 
the net cost thereof, the proceeds from any sales of lands or cf h e a p ta 5 48 1894 ' 
rights therein taken by purchase or otherwise under the au- Sects.' 37, 38. 
thority of said act or any acts in amendment thereof made 
before the expiration of two years from the date of the com- 
pletion of the construction of the subway may be credited 
to the subway account instead of being paid into the sinking 
fund. 

Sect. 5. The board of street commissioners of the city of widening of 
Boston, with the approval of the mayor and of the Boston canai rh street^ 
transit commission, may, for the purpose of widening Haver- §|a Sta 548 894, 
hill and Canal streets, take or lay out any portion of the land Sect. '25. 
taken by purchase or otherwise by the said Boston transit 
commission; and so far as the widening of said Haverhill 
and Canal streets is not rendered necessary in consequence 
of the construction of the subway, the value of the real estate 
so taken or laid out by said board, as determined by agreement 
between said board and said transit commission, shall be 
considered as expended for street widenings, and not as part 
of the cost of building the subways. 

Sect. 6. Said Commission may, if it deems expedient, Construction, 
construct any portion or the whole of the tracks in said sub- foSSf'of and 
way or subways, and may electrically or otherwise equip the | r e e C stat et i894 
same, and may in the name of the city of Boston, and subject chap. 548, 
to the approval of the board of railroad commissioners, enter i?6 Mass. 15. 
into contracts with any surface or elevated railway company 
or companies, which shall be binding upon the contracting 
company or companies, and upon the city and its officers and 
boards, for locations for tracks and other rights in any part 
or all of said subway or subways, on such terms and condi- 
tions, and containing such stipulations and provisions for 
the security of said city of Boston, the Commonwealth, and 
all other parties, including such contracting company or com- 
panies, as to said commission or a majority thereof shall seem 
just and reasonable. 

Sect. 7. The interest on the debt incurred for the con- interest to be 
struction of the subway or any part thereof shall be considered p^?f oncost! 3 
as part of the cost of the construction until such subway or See stat. 1894, 
part thereof is open for use. [Approved June 1, 1895.] sect? 37. ' 



24 



STAT. 1897, CHAP. 847. 



1894, 548, Sect. 
35, amended. 
174 Mass. 156. 
176 Mass. 14. 



Commission 
may grant 
locations for 
tracks to and 
in subways and 
tunnels, etc. 



Conditions and 
rates of com- 
pensation sub- 
ject to approval 
of railroad 
commissioners. 



Surface tracks 
not to be laid 
in certain 
streets. 



Stat. 1896, Chap. 492. 

An Act Relative to the Construction of Subways in 

the City of Boston. 

Be it enacted, etc., as follows: 

Section thirty-five of chapter five hundred and forty-eight 
of the acts of the year eighteen hundred and ninety-four is 
hereby amended by striking out in the nineteenth line, the 
word "fifty/' and inserting in place thereof the word: — twenty, 
— so as to read as follows: — 

Section 35. Said commission may, on or before the com- 
pletion of said subways and tunnels, grant locations for tracks 
to, and for two tracks in, said subways and tunnels, to be 
used by any street railway company or companies; shall 
order all surface tracks to be removed from Tremont street 
between Boylston street and Scollay square, and from Boyl- 
ston street between Park square and Tremont street; and 
may order any other tracks which, in its opinion, have been 
rendered unnecessary by the construction of said subways 
and tunnels, and which are above said subways and tunnels, 
or within a distance of one thousand feet from any entrance 
to said subways and tunnels, to be removed from the streets. 
Said commission shall, subject to the approval of the board 
of railroad commissioners, fix by contract the terms and con- 
ditions and rates of compensation for the locations for said 
two tracks in any of said subways and tunnels, and for the 
use thereof by any street railway company or companies 
during a term of years not exceeding twenty. Surface tracks 
shall not be laid or maintained in that part of any street from 
which said commission may have ordered such tracks re- 
moved, as herein provided. [Approved June 5, 1896.] 



May transfer 
certain land to 
city of Boston. 



Treasurer of 
city to issue 
bonds, etc. 



Stat. 1897, Chap. 347. 

An Act Relative to the Boston Transit Commission. 

Be it enacted, etc., as follows: 

Section 1. The Boston transit commission may transfer 
to the city of Boston, to be used for a market or other public 
purposes, so much of the land taken by it between Haverhill 
and Canal streets as said commission and the mayor of said 
city may agree upon. 

Sect. 2. In order that the debt created for the construction 
of the subways by said commission may be limited as nearly 
as possible to the net cost thereof the treasurer of said city 



STAT. 1897, CHAP. 600. 25 

shall from time to time on the request of said commission, 
approved by the mayor, issue bonds of said city, which shall 
not be considered in determining the debt limit, to the amount 
determined by said commission, with the approval of the 
mayor, to be the value of the real estate transferred to said 
city as hereinbefore provided and shall sell the same and hold 
the proceeds thereof for the construction of said subway; 
and the seven million dollars authorized for constructing 
said subways shall be reduced by the amount so issued. 

Sect. 3. This act shall take effect upon its passage. [Ap- 
proved May 6, 1897.] 



Stat. 1897, Chap. 500. 

An Act to promote Rapid Transit in the City of 
Boston and Vicinity. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter five hundred and forty- 1894, 548, Sect. 
eight of the acts of the year eighteen hundred and ninety-four is^a^lm, 
is hereby amended by striking out the whole of said section ?2$- M 
and inserting in place thereof the following: — Section 4. Said 191 Mass! 75.' 
corporation may mortgage or pledge to any corporation organ- Boston Eie- 
ized under the laws of the Commonwealth, as security for the company may 
payment of its bonds, its franchises and any or all of its real mortgage its 

i a j x. j.t_ £± • it *x franchise, etc. 

or personal property and property thereafter acquired by it, 
including its interest in any elevated or surface railways, under 
or by virtue of any lease or operating contract. 

Sect. 2. The first paragraph of section six of said chapter 1894, 548, Sect. 
five hundred and forty-eight is hereby amended so as to read 6 * amended - 
as follows: — Section 6. Said corporation may construct lines gJSntole 
of elevated railway according to such plans or systems as the approved by 

i_ j a .I j •• . t .i railroad com- 

board 01 railroad commissioners may approve, to be operated missioned. 
by electricity or other motive power except steam, upon the 200 MaK.* 554! 
following locations, and may equip, maintain and operate 
engines, motors and cars thereon, to wit: — 

Sect. 3. Section six of said chapter five hundred and forty- i894, 548, Sect. 
eight is hereby further amended by striking out in the seven- 6> amended - 
tieth line of said section the words "in Brattle square in 
Cambridge," and inserting in place thereof the words: — on Locations. 
Murray street near Charles river in Cambridge to and, — by 
striking out in the seventy-third and seventy-fourth lines of said 
section the words "to and through Western avenue or Central 
square," and inserting in place thereof the words: — thence 
over and through private land at a point at or near the junc- 
tion of Massachusetts avenue and Main street to and through 
Lafayette square, — and by adding at the end of said section 
the following: — 



26 



STAT. 1897, CHAP. 500. 



Locations. 



Revoked 
Stat. 1907, 
Chap. 530. 

Revoked 
Stat. 1907, 
Chap. 530. 



Revoked 
Stat. 1907, 
Chap. 530. 



Revoked 
Stat. 1907, 
Chap. 530. 



Fourth. Commencing at a point near the corner of Wash- 
ington and Castle streets; then upon and over Castle street 
to a point at or near its intersection with Village street; thence 
over and across the location, lands and tracks of the Boston 
and Albany Railroad Company at a height of not less than 
twenty feet above said tracks, to Corning street; thence across 
Corning street to private lands between Porter and Kirkland 
streets; and thence over, upon and under said private lands 
by an incline, open cut and subway under Pleasant street, to 
the subway now constructed or in process of construction by 
the Boston transit commission; thence from the northerly 
terminus of said subway by an open cut, incline and elevated 
structure upon and over land acquired by the Boston transit 
commission, and Canal street to Causeway street; thence 
upon and over Causeway street to a new bridge now being 
built by said transit commission, under the provisions of said 
chapter five hundred and forty-eight; thence upon and over 
said new bridge to and through City square, Main street, 
Essex street and Rutherford avenue to Sullivan square, in that 
part of Boston known as Charlestown. 

Fifth. Commencing at a point on Washington street at or near 
Fay street; thence upon and over private lands, and crossing 
Dover street, Shawmut avenue, Hingham, Middlesex, Emerald, 
Compton, Lucas, Paul and Castle streets to lands occupied by 
the Boston and Albany Railroad Company; thence over and 
across the location, lands and tracks of said company, at a 
height of not less than twenty feet above said tracks, to Corning 
street; thence across Corning street to private lands between 
Porter and Kirkland streets; and thence over, upon and under 
said private lands, by an incline, open cut and subway under 
Pleasant street to the subway aforesaid. 

Sixth. Commencing at a point at or near the junction of 
Washington and Dudley streets, thence upon and over that 
part of Dudley street between Washington and Warren streets, 
and upon and over that part of Zeigler street between Wash- 
ington and Warren streets; also from Dudley street, upon and 
over Guild row and Roxbury street, to Washington street. 

Seventh. Commencing at a point at or near the corner of 
Washington and Castle streets; thence upon and over private 
lands to Motte street or Orange lane; thence upon and over 
Motte street or Orange lane in part, and in part upon and over 
private lands, to Harrison avenue; thence upon and over Har- 
rison avenue to Beach street; thence upon and over Beach 
street to Cove street; thence upon and over Cove street to 
Federal street, or upon and over the new street to be con- 
structed by the city of Boston, to Atlantic avenue; thence 
upon and over Atlantic avenue, Commercial street and Cause- 
way street to the said new bridge now in process of construc- 
tion by said transit commission, and to Merrimac street. 

Eighth. Commencing at the corner of Harrison avenue and 
Beach street, upon and over Harrison avenue to Essex street; and 
thence upon and over Essex street to Cove street. 



STAT. 1897, CHAP. 500. 



27 



Ninth. Commencing at or near the corner of Motte street and 
Harrison avenue; thence upon and over Way street, Broadway 
extension and upon and over the existing bridge or a new bridge 
to be built across Fort Point channel to West Broadway, in that 
part of Boston known as South Boston. 

Said corporation may also construct such loop lines in con- 
nection with the locations herein granted, upon and over such 
streets or ways as may be necessary or convenient to turn its 
trains or reverse the direction thereof. 

Sect. 4. Within the locations granted by paragraphs fourth 
and fifth of section three of this act no structure shall be placed 
upon or in the land or locations of the Boston and Albany 
Railroad Company, or upon or in the land authorized to be 
taken or acquired by the Boston and Providence Railroad 
Corporation under chapter five hundred and sixteen of the 
acts of the year eighteen hundred and ninety-six, entitled "An 
act to provide for a union station for passengers on railroads 
entering the southerly part of the city of Boston"; and no land 
shall be taken or location built upon within the limits of land 
authorized to be taken or acquired by said last-named corpora- 
tion, under said chapter, without the consent of the directors of 
the Boston and Albany Railroad Company in any case affect- 
ing said company, and of the Old Colony Railroad Company 
in any case affecting said company, or of the board of railroad 
commissioners. 

Sect. 5. Whenever said corporation shall request said 
Boston transit commission or the city of Boston to construct 
a subway in or under Cambridge street, Bowdoin square and 
Court street to connect with the subway now being constructed 
by said commission, and shall have made with said commission 
or city an agreement for the sole use by it of said proposed 
subway for the running of its trains therein and for other 
purposes, which shall be for a term of not less than twenty 
years and at the same rental and, so far as applicable, shall 
otherwise contain the same provisions as the lease already 
made with the West End Street Railway Company for the use 
of said subway, said commission shall forthwith construct an 
incline, open cut and subway beginning at a point on Cam- 
bridge street, near North Russell street, upon, through and 
under Cambridge street, Bowdoin square and Court street to 
a junction at Scollay square with the subway described in 
section twenty-five of said chapter five hundred and forty- 
eight and shall, at the cost and expense of said corporation, 
to be estimated by the street commissioners of said city and 
paid in advance into the treasury of said city, such estimated 
sum to be increased or a part thereof returned, according as 
the actual expenses are more or less than the sum so estimated, 
take for the city of Boston such lands on each side of said Cam- 
bridge street as may be necessary to make a highway thirty 
feet wide on each side and extending not less than thirty feet 
nor more than one hundred feet, as said commissioners may 



Revoked 
Stat. 1907, 
Chap. 530. 



May construct 
loop lines. 



Placing of 
structures upon 
certain loca- 
tions and the 
taking of 
certain land 
restricted, etc. 
See Stat. 1894, 
Chap. 548, 
Sect. 22. 
See, also, 
Sect. 7, infra. 



Extension of 

subway may 

be constructed, 

etc. 

174 Mass. 156. 

193 Mass. 349. 



28 



STAT. 1897, CHAP. 600. 



Proviso. 



Plans showing 
form and 
method of 
construction 
proposed to be 
approved, etc. 
See Stat. 1894, 
Chap. 548, 
Sects. 7, 10. 
See, also, 
Sect. 13, infra. 
187 Mass. 333. 
192 Mass. 313. 



Crossing of 
locations or 
tracks of rail- 
road companies. 
See, also, 
Sect. 4, supra. 



determine, beyond the ends of said open cut, and shall con- 
struct such highway: provided, however, that in case the transit 
commissioners of the city of Boston shall determine that said 
subway may advantageously be extended nearer to Charles 
river than said North Russell street, said subway shall be so 
extended and may in such event be constructed under Cam- 
bridge street or substantially parallel therewith, and the city 
of Boston may, by its transit commissioners, take such land 
and buildings as may be needful for such construction, and 
the damages occasioned by such taking shall be ascertained 
and recovered in the manner provided by sections thirty- two and 
thirty-four of said chapter five hundred and forty-eight. Said 
takings shall be made, and the damages occasioned to any 
person by such takings shall be ascertained and recovered, in 
the manner provided in sections thirty-two and thirty-four 
of said chapter five hundred and forty-eight. 

Sect. 6. Before constructing its railroad upon any route 
granted to it and before constructing any station in any public 
way or place said corporation shall prepare and file with the 
mayor of the city of Boston plans showing the form and method 
of construction proposed, for his examination and approval 
as to architectural appearance and obstruction to light and 
air, who shall approve or disapprove the same in writing, and 
if disapproved by him the corporation may appeal to the said 
board of railroad commissioners, who shall determine the 
question. Said corporation shall also prepare and file with 
said board plans showing the form and method of construction 
proposed, and the proposed location of the tracks, elevated 
structure and stations, with such detail as may be necessary 
to show the extent to which any street, way, avenue, bridge, 
public or private lands are to be encroached upon. Said board 
shall examine the same with reference to the strength and 
safety of the structure, and to the strength and safety of any 
bridge traversed thereby, and with reference to the rolling 
stock, motive power and method of operation, and with refer- 
ence to the convenience and comfort of the public, and may em- 
ploy, at the expense of said corporation, a competent engineer 
with whom to consult in relation thereto. When said construc- 
tion plans are satisfactory to said board they shall give a certifi- 
cate approving the same. The corporation shall not proceed to 
construct its road until such certificate has been given, and if 
said construction plans, as filed, are not satisfactory to said 
board it may require them to be changed before giving said 
certificate of approval; and any structure erected in accord- 
ance with said plans may be modified or changed by said 
corporation, with the consent of said board. 

Sect. 7. Wherever the routes upon which said corpora- 
tion is authorized to construct and operate its elevated rail- 
road cross the locations or tracks of any railroad company, 
the crossing shall be made in such manner and the method of 
construction shall be such as may be agreed upon between 



STAT. 1897, CHAP. 500. 29 

the directors of said railroad company and the directors of 
said corporation; and if the parties are unable to agree as 
to the manner of crossing or method of construction at that 
point, the same shall be determined by the board of railroad 
commissioners, upon the application of either party. And in 
case any railroad company sustains any damage by reason of 
such crossing, or in case any other person or corporation suffers 
any damage in property, by reason of any acts done by said 
corporation under the authority of this act or said chapter 
five hundred and forty-eight, the same shall be estimated and 
recovered in the manner provided in sections eight, nine and 
eleven of said chapter five hundred and forty-eight as amended 
by this act, according as said sections shall apply. Said May haul 
corporation may construct that portion of its elevated rail- SotS* ° ars 
road over that part of the seventh location described in sec- 2JJ rpo ?S lon- 
tion three of this act between Albany street and Merrimac of its railroad, 
street in the city of Boston of such strength and character etc- 
that it will be suitable for the hauling of railroad cars thereon; 
and said corporation is hereby authorized to haul railroad 
cars of other corporations thereon; and the restriction con- 
tained in section one of said chapter five hundred and forty- 
eight, as to the transportation of freight and baggage, shall 
not apply to transportation thereon. 

Sect. 8. If, in the construction of its said railroad and May remove 
appurtenances, it becomes necessary for said corporation to strictures, etc. 
remove any poles, wires or other structures, in, upon or over 
any public streets or ways, or to interfere with any pipes 
or structures underneath the surface of the ground in such 
streets or ways, it shall have the right to remove the same: 
provided, however, that it shall at its own expense provide Proviso. 
for such structures, either above or below ground, in such 
manner as the superintendent or other officer having charge 
of the streets may approve. Said corporation may construct 
inclines at such points as it may deem expedient, for the pur- 
pose of making connections with surface railways or railroads. 

Sect. 9. The provisions of chapter forty-nine of the Pub- p. s. 49 to 
lie Statutes, relative to cases where damages are claimed p?oceed°ings? am 
to estates in which two or more persons have different, sepa- 
rate or several interests, shall apply to all proceedings under 
sections eight, nine and eleven of said chapter five hundred 
and forty-eight of the acts of the year eighteen hundred and 
ninety-four in which damages caused by the acts of said 
corporation are claimed for such estates. 

Sect. 10. Said corporation may establish, and take a toll May establish 
or fare, which shall not exceed the sum of five cents for a ^fa^etc.* 011 
single continuous passage in the same general direction upon See stat. i898, 
the roads owned, leased or operated by it; and this sum shall sect?28. ' 
not be reduced by the legislature during the period of twenty- 
five years, from and after the passage of this act: provided, Proviso. 
however, that the board of railroad commissioners may upon 
the petition of the board of aldermen of a city, selectmen of 



30 



STAT. 1897, CHAP. 500. 



181 Mass. 208. 
199 Mass. 97. 

1 Op. Atty.- 
Genl. 581. 

2 Op. Atty.- 
Genl. 261. 

2 Op. Atty.- 
Genl. 426. 
1911 Atty.- 
Genl's Report, 
52, 55. 



Certain 
burdens, 
obligations, 
etc., not to be 
imposed, etc. 



Proviso. 



Amended 
Stat. 1908, 
Chap. 388. 



Free transfers 
to be provided, 
etc. 



a town, or fifty legal voters of a city or town, in which any 
of the lines owned, leased or operated by said corporation 
are located, after due notice and hearing the parties inter- 
ested, reduce such toll or fare; but such toll or fare shall not, 
without the consent of said corporation, be so reduced as to 
yield, with all other earnings and income of said corporation, 
except the income of the funds deposited with the treasurer 
of the Commonwealth as required by this act and said chap- 
ter five hundred and forty-eight, a net divisible income, after 
paying all expenses of operation, interest, taxes, rentals, and 
other lawful charges, and after charging off a reasonable amount 
for depreciation, of less than eight per cent, per annum on the 
outstanding capital stock of said corporation actually paid in 
in cash. The report of the board shall be final and conclusive 
for one year. During said period of twenty-five years no 
taxes or excises not at present in fact imposed upon street 
railways shall be imposed in respect of the lines owned, leased 
or operated by said corporation, other than such as may have 
been in fact imposed upon the lines hereafter leased or oper- 
ated by it at the date of such operating contract or of such 
lease or agreement hereafter made therefor nor any other 
burden, duty or obligation which is not at the same time im- 
posed by general law on all street railway companies : provided, 
however, that said corporation shall be annually assessed and 
shall pay taxes now or hereafter imposed by general law in the 
same manner as though it were a street railway company, and 
shall, in addition, as compensation for the privileges herein 
granted, and for the use and occupation of the public streets, 
squares and places, by the lines of elevated and surface rail- 
road owned, leased and operated by it, pay to the Common- 
wealth, on or before the last day of November in each year, 
during said period of twenty-five years, an annual sum, the 
amount of which shall, in each year ending the last day of Sep- 
tember, be determined by the amount of the annual dividend 
paid in that year by said corporation, in the following man- 
ner: — If the annual dividend paid is six per cent, or less, or if 
no dividend is paid, the sum payable that year shall be a sum 
equal to seven-eighths of one per cent, of the gross earnings of 
all the lines of elevated or surface railroads owned, leased or 
operated by said corporation; if said dividend exceeds six per 
cent, then a sum equal to the excess of the dividends over six 
per cent, in addition to said seven-eighths of one per cent, of 
said gross earnings. The above sum shall be paid into the 
treasury of the Commonwealth and distributed among the 
different cities and towns in proportion to the mileage of ele- 
vated and surface main track, reckoned as single track, which 
is owned, leased or operated by said corporation and located 
therein. Said corporation shall also provide free transfer 
from elevated to surface and from surface to elevated cars at 
all stations of the elevated lines reached by surface lines and 
from one elevated car or train to another at junction points 



STAT. 1897, CHAP. 500. 



31 



entitling a passenger to a continuous ride in the same general 
direction, and such further free transfers on all the surface 
lines of railway owned, leased or operated by it, as may be 
satisfactory to or required by the board of railroad commis- 
sioners. 

Sect. 11. Section seventeen of said chapter five hundred 
and forty-eight is hereby amended by striking out the whole 
of said section and inserting in place thereof the following: — 
Section 17. Said corporation is hereby authorized, at any 
time after the passage of this act, to lease and operate the 
lines, property, rights, locations and franchises of the West 
End Street Railway Company, and of any other street rail- 
ways or elevated railroads whose lines may be or become, 
in whole or in part, tributary to or connecting with its lines, 
and enjoy all the rights and privileges thereto appertaining 
and belonging, subject to the duties, liabilities and restrictions 
thereto appertaining; and said West End Street Railway 
Company, and such railways or railroads, are hereby author- 
ized to make such leases or operating contracts, upon the 
consent in each case of a majority in interest of their stock- 
holders, given at a meeting called for that purpose: provided, 
however, that no such lease or operating contract of the West 
End Street Railway Company shall be valid until the terms 
thereof, so far as they relate to the rental or compensation to 
be paid, and to the due and safe transportation of the public, 
have been approved by the board of railroad commissioners; 
and provided, further, that any lease of any other street railway 
or elevated railway company shall be subject to the provisions 
of all general laws relating to the leasing of street railways. 

Sect. 12. Said corporation shall not construct, maintain 
or operate its railroad in the subway now constructed or in 
process of construction and now leased to the West End Street 
Railway Company, unless said street railway company shall, 
under the provisions of said lease, assign to said corporation 
its rights, powers and privileges thereunder, or otherwise con- 
sent to such construction, maintenance or operation; and 
in such event said corporation may construct and, during the 
term of the existing and any future contract for the use of the 
subway, may operate its railroad in said subway. In such 
event, upon the request of said corporation and upon its agree- 
ment that the cost thereof shall be considered as part of the 
cost of the subway under the existing contract with said West 
End Street Railway Company for the use of the same, the 
Boston transit commission shall make such alterations in the 
subway, and the approaches thereto, as may be necessary to 
render the same suitable for the running of cars and trains of 
cars through the same, in connection with the elevated struct- 
ure, upon the routes hereinbefore granted, and said com- 
mission shall discontinue so much of Travers street as may 
be necessary to provide a gradual incline from the northerly 
portion of the subway to the elevated structure on Causeway 



1894, 548, Sect. 
17, amended. 



May lease and 
operate other 
lines of rail- 
way, etc. 



Provisos. 



Not to con- 
struct, etc., its 
railroad in the 
subway now 
leased to the 
West End 
Street Railway 
Company with- 
out consent of 
said company. 
193 Mass. 349. 



Alterations to 
be made in 
subway, etc. 



32 



STAT. 1897, CHAP. 600. 



Construction 
of new bridge 
across Charles 
River. 



Deposit to 
be made with 
treasurer of 
the Common- 
wealth, etc. 
See Stat. 1894, 
Chap. 548, 
Sects. 7, 10, 13, 
19. 

See, also, 
Sect. 6, supra. 
174 Mass. 153. 



To apply for 
route within 
sixty days from 
making deposit, 
etc. 



Time for 
construction 
limited. 
Amended Stat. 
1901, Chap. 90. 



To apply for a 
further route, 
etc. 



street. Said transit commission shall also construct the new 
bridge across the Charles river, now in process of construction 
by them, of such strength as to safely support said elevated 
railroad thereon, and shall so design the same that the elevated 
structure may be placed thereon; but any alteration in the 
plan and structure of said bridge hereafter made by said com- 
mission in order to secure such additional strength shall be 
paid for by said corporation. 

Sect. 13. Said corporation shall, within three months 
from the passage of this act, deposit with the treasurer of 
the Commonwealth the sum of three hundred thousand dollars 
in cash or securities satisfactory to said treasurer, and the 
same, or any portion thereof remaining after the payment 
of all executions under the provisions of section thirteen of 
said chapter five hundred and forty-eight, shall be forfeited 
to the Commonwealth if said corporation shall negligently 
fail to perform either of the requirements hereinafter in this 
section set forth, namely: — Within sixty days from the making 
of such deposit the corporation shall apply to the board of 
aldermen of the city of Boston for a route of not less than 
four or more than seven miles of double track in said city, 
exclusive of subways, over locations hereinbefore granted. 
If the route so applied for is not approved by the mayor and 
aldermen within sixty days of the application therefor, the 
corporation shall within thirty days from the expiration of 
said sixty days apply to the board of railroad commissioners 
for such approval, who shall have authority to approve the 
same, and upon any refusal or failure for sixty days of any board 
of aldermen or selectmen to approve any route lawfully applied 
for by said corporation, the corporation may apply therefor to 
said board, which may approve the same. The corporation 
shall construct its railroad over said route first applied for as 
aforesaid within three years after it is authorized to begin 
the construction thereof. In case of its failure so to do any 
lease from the West End Street Railway Company to said cor- 
poration shall thereupon cease and determine. If such con- 
struction is delayed by litigation or unforeseen casualty, so that 
the same cannot be completed within said period of three 
years, the corporation may apply to the supreme judicial court 
for relief from such forfeiture or determination of said lease, 
and the court, upon notice to the attorney-general, the city 
of Boston, and the West End Street Railway Company, and 
upon hearing and proof that said litigation was not collusive 
or that such casualty was without the fault of said corpora- 
tion, may grant relief against such forfeiture or determination 
of the lease, and may fix the time within which such construc- 
tion shall be completed. 

Sect. 14. Said corporation shall also, within one year after 
it is authorized to begin the construction of its railroad over 
the route first applied for as provided in section thirteen of 
this act, apply for a further route of such length that the 



STAT. 1897, CHAP. 500. 



33 



same, with said route first applied for, shall amount to not 
less than seven miles of double track, exclusive of subways, 
over locations hereinbefore granted. If said route is not 
approved by the mayor and aldermen of the city wherein 
said location is applied for within sixty days of the applica- 
tion therefor, the corporation shall, within thirty days from 
the expiration of said sixty days, apply to the board of rail- 
road commissioners for such approval, who shall have authority 
to approve the same. Said corporation shall construct its 
railroad over said route within three years after it is authorized 
to begin the construction thereof. 

Sect. 15. Said corporation shall join with the city of Bos- 
ton and the city of Cambridge in a petition to the legisla- 
ture for the year eighteen hundred and ninety-eight or the 
year eighteen hundred and ninety-nine, as said cities may 
elect, for an act authorizing the construction and mainte- 
nance of a bridge across the Charles river, at or near the pres- 
ent site of the West Boston bridge, suitable for the use of 
the elevated and surface cars of said corporation, and also 
for all the purposes of ordinary travel between said cities; 
and said corporation shall pay toward the construction of 
said bridge such portion thereof as shall be rendered neces- 
sary by reason of its being of additional size and strength 
for the use of the elevated railroad of said corporation, and 
shall also itself construct or shall pay for constructing its 
railway, both elevated and surface, across said bridge, and 
the balance of such cost beyond that paid by said corporation 
shall be paid one-half by the city of Boston and one-half by 
the city of Cambridge. Said corporation shall also, within the 
period of six months from the time such bridge is finished, 
apply for a route beginning at any of its lines of elevated track 
in Boston to said new bridge, across the same, to Brattle 
square in Cambridge, over the locations hereinbefore granted. 
If said route is not approved by the mayor and aldermen 
of Boston and Cambridge within sixty days of the application 
therefor, the said corporation shall, within thirty days from 
the expiration of said sixty days, apply to the board of rail- 
road commissioners for such approval, who shall have authority 
to approve the same. Said corporation shall construct its 
railroad over said route within two years after it is authorized 
to begin the construction thereof. The city of Cambridge 
may petition the supreme judicial court sitting in equity, to 
enforce compliance with the provisions of this section, and if 
it be found, on the petition of said city, that said corporation 
has failed to comply with said provisions, the said supreme 
judicial court may pass such order or decree as it may deem 
proper in the premises. 

Sect. 16. Section twenty of said chapter five hundred 
and forty-eight is hereby amended by striking out the whole 
of said section and inserting in place thereof the following: — 
Section 20. The supreme judicial and superior courts shall 



Time for 

construction 

limited. 

See Stat. 1901, 

Chap. 90. 

To join with 
city of Boston 
and city of 
Cambridge in 
a petition for a 
bridge across 
the Charles 
River, etc. 

See 1908 files 
Supreme Jud. 
Ct., Suffolk 
County, No. 
13049 Eq. 

See Stat. 1898, 
Chap. 467. 

Amended 
Stat. 1906, 
Chap. 520, 
Sect. 23. 



To apply for 
route within six 
months from 
the time bridge 
is finished, etc. 



Time for con- 
struction 
limited, etc. 



1894, 548, Sect. 
20, amended. 

Enforcement, 
etc., of pro- 
visions. 



34 



STAT. 1897, CHAP. 500. 



Proviso. 



Tunnel to be 
constructed to 
East Boston. 

Connections 
between tunnel 
and subways 
authorized. 
Stat. 1902, 
Chap. 114. 
174 Mass. 153. 
176 Mass. 12. 
190 Mass. 609. 



To be leased 
to the corpora- 
tion at an 
annual rental, 
etc. 



City to collect 
a certain toll. 

Proviso. 



have jurisdiction in equity, on petition of any party in inter- 
est, or any city or town in which said corporation is required 
to build a railroad under this act, to compel compliance with 
the provisions of this act, and to enforce any order made 
under the authority thereof, and to prevent violation of any 
of the provisions thereof, and if it shall be found on com- 
plaint of any city or town in which said corporation has built 
or is proceeding to build a railroad under this act, or of any 
party in interest, that said corporation has negligently failed 
to comply with the provisions of this act, the court may pass 
such order or decree as it may deem proper in the premises: 
provided, however, that no petition in equity shall be filed 
for damages for which an action is given by this act until 
payment thereof has been refused on execution issued as 
provided in section twelve. 

Sect. 17. Whenever said corporation is authorized to begin 
the construction of its railroad over the route first applied for, 
as provided in section thirteen of this act the Boston transit 
commission shall construct a tunnel or tunnels, of sufficient size 
for two railway tracks, with approaches, entrances, sidings, sta- 
tions and connections therefor, and for the running of railway 
cars therein, from a point on or near Hanover Street in the city 
of Boston, or such other point or points as said board may deem 
proper for a suitable connection with the subway or subways 
provided for in section twenty-five of said chapter five hundred 
and forty-eight, to a point at or near Maverick square in that 
part of Boston called East Boston, where a suitable connection 
with surface tracks may be made. Said tunnel or tunnels 
shall be constructed in a thorough and substantial manner, with 
special reference to strength, durability and safety for rail- 
way travel, and shall be water tight, or in case of leakage the 
water shall be taken care of by said city. Upon completion 
thereof said commission shall execute a lease thereof in writing 
to said corporation for a term expiring twenty-five years from 
the date of the passage of this act, at an annual rental equal 
to three-eighths of one per cent, of the gross receipts for each 
year ending September thirtieth, of all lines owned, leased or 
operated by said corporation, to be paid to said city on or 
before the last day of November in each year, with the priv- 
ilege to the lessee to sublet the same, such lease to contain 
such other terms and provisions as may be agreed on by said 
commission and said corporation, or in case of disagreement, 
as shall be determined by the board of railroad commissioners. 
Said rental shall be in full compensation for the exclusive use 
of said tunnel by said corporation, its sub-lessees, successors 
or assigns. Said city shall collect from each person passing 
through said tunnel in either direction a toll of one cent: 
provided, however, that if in any year ending on the thirtieth 
day of September the receipts from such tolls, together with 
the rental above provided for, amount to a sum so in excess 
of the interest and sinking fund requirements of said bonds 



STAT. 1897, CHAP. 500. 35 

for that year that the board of railroad commissioners is of 
opinion that the toll may be reduced, said board shall on 
petition of ten citizens of said city establish such reduced 
toll for the period of one year from the first day of January 
next ensuing, as will in its opinion yield an amount sufficient 
to meet, with said rental, said interest and sinking fund re- 
quirements for that year; or said board may altogether dis- 
continue such toll when it is of opinion that such rental alone 
is sufficient to meet said requirements; but any such reduction 
shall be carried into effect by a provision for the sale of tickets, 
and the cash fare shall continue to be one cent. 

The whole amount of such tolls and of said rentals is hereby Amount of toils 
pledged to meet the principal and interest of the bonds issued pledged to 8 
to pay for the construction of said tunnel or tunnels, and bonS^tc? 
this pledge shall be expressed on the face of such bonds as 
one of the terms thereof; provided, however, that after such Proviso. 
tolls have been discontinued if said rental shall for any year 
ending on the thirtieth day of September yield an amount 
more than sufficient to meet the interest and sinking fund 
requirements of said bonds for such year such excess over 
said requirements shall be regarded as general revenue of 
said city. In case in any year the rentals and tolls above 
provided for shall not yield a sufficient amount to meet said 
interest and sinking fund requirements the compensation 
received by said city under section ten of this act shall be 
applied so far as may be necessary toward meeting such re- 
quirements. Said corporation shall be the agent of said city Corporation 
to collect such tolls under such arrangements as shall be c ?ty e to collect 
agreed upon by said city and said corporation, or in case of tolls * 
disagreement, as shall be determined by the board of railroad 
commissioners. 

Sect. 18. The treasurer of said city shall from time to Rapid Transit 
time, on the request of said transit commission, issue and sell se e a stat. 1894, 
at public or private sale, bonds of said city to the amount siS P '37 48, 
required to pay the cost and expenses of constructing the See stat. 1903, 
incline, open cut and subway under Cambridge street, Bow- see stat.°i905, 
doin square and Court street provided for in section five of f£ a Maf a 7 'i56 
this act, and the stations, steps and other structures in con- 176 Mass! 12. ' 
nection therewith, and of any alterations in subways which 
may be required under the lease of the subway made by said 
commission with said West End Street Railway Company, 
and shall further issue bonds for the purposes hereinafter 
specified to the amount of five hundred thousand dollars; 
all of said bonds shall be designated on their face, Rapid 
Transit Loan, shall be for the term of forty years, and be 
registered or have coupons attached, and shall bear interest 
at a rate not exceeding four per cent, per annum, payable 
semi-annually, as said treasurer shall determine, and shall 
not be included in determining the limit of indebtedness of 
said city; said treasurer shall apply the proceeds of said five 
hundred thousand dollars in bonds, and the proceeds of the 



36 



STAT. 1897, CHAP. 600. 



Revocation of 
locations, etc. 
181 Mass. 208. 



Proviso. 



1894, 548, Sect. 
10, amended. 



May locate 
stations at 
convenient 
points, etc. 



To have cer- 
tain powers, 
privileges, etc. 
181 Mass. 208. 
192 Mass. 315. 



Repeal. 

199 Mass. 138. 



seven millions of dollars in bonds authorized to be issued by 
said chapter five hundred and forty-eight, to the payment of 
the costs and expenses of constructing the subways author- 
ized by section twenty-five of said chapter five hundred and 
forty-eight, and of the tunnel or tunnels to East Boston pro- 
vided for in the preceding section, and the stations, inclines 
and steps in connection therewith, but a separate account 
shall be kept of the bonds issued for, and expenses incurred 
in connection with, the construction of said tunnel or tunnels. 

Sect. 19. The locations of or right to maintain any ele- 
vated lines or structures of the Boston Elevated Railway 
Company shall not be subject to revocation except in the 
manner and on the terms prescribed in sections seven and 
eight of chapter one hundred and twelve of the Public Statutes : 
provided, however, that any location upon which said corpora- 
tion has not constructed its railroad within ten years from 
the passage of this act shall be subject to revocation by the 
legislature; but no location upon which said corporation has 
begun the construction of its railroad within said period shall 
be subject to revocation if the same be completed within three 
years thereafter. 

Sect. 20. Section ten of said chapter five hundred and 
forty-eight of the acts of the year eighteen hundred and ninety- 
four is hereby amended so as to read as follows: — Section 10. 
Said corporation may locate stations at convenient points, 
With suitable exits and approaches to and from the streets 
and stations, but the same, excepting platforms and approaches 
thereto from buildings, shall not be located in any public 
way or place, unless approved by the mayor and aldermen 
or selectmen. 

Sect. 21. Except as otherwise expressly provided in said 
chapter five hundred and forty-eight and by this act, said 
corporation shall have all the powers and privileges and be 
subject to all the duties, liabilities and restrictions set forth 
in general laws now or hereafter in force relating to street 
railway companies, so far as the same may be applicable, 
but the provisions of chapter one hundred and thirteen of 
the Public Statutes or other general laws relating to the al- 
teration or revocation of locations of street railway com- 
panies, shall not be deemed applicable to the locations or 
routes for elevated railroads granted to said corporation. So 
much of section one of said chapter five hundred and forty- 
eight as provides that said corporation shall be subject to 
the general laws relating to railroad corporations is hereby 
repealed. 

Sect. 22. Sections sixteen, nineteen and twenty-one of 
said chapter five hundred and forty-eight are hereby repealed. 

Sect. 23. This act shall take effect upon its passage. [Ap- 
proved June 10, 1897.] 



STAT. 1898, CHAP. 467. 37 



Stat. 1898, Chap. 467. 

An Act to authorize the Cities of Boston and Cam- 
bridge TO CONSTRUCT AND MAINTAIN A BRIDGE OVER 

Charles River. 

Be it enacted , etc., as follows: 

Sect. 1. The cities of Boston and Cambridge, by a com- New bridge to 
mission as hereinafter specified, shall forthwith construct as acroMCharies 
a highway, a new bridge across Charles river, to be known river - 
as Cambridge bridge, at, upon, or near the present site of 
the so-called West Boston bridge, from Cambridge street in 
Boston to Main street in Cambridge; shall construct ap- 
proaches to said bridge on each end thereof; may construct 
a temporary highway bridge to be used by teams and pedes- Temporary 
trians during such construction; shall cause shoals to be mfylX y con- dse 
dredged or otherwise removed so as to afford vessels passing structed, etc. 
to or through the draw of said bridge a depth of water equal 
at least to that now afforded to vessels passing to or through 
the draw of the present bridge; shall take such lands east 
of the westerly line of the easterly abutment of said bridge 
and west of the easterly line of the westerly abutment of 
said bridge as they shall deem necessary for carrying out the 
provisions of this act, and shall cause all lands so taken to be 
filled. 

Sect. 2. The board of harbor and land commissioners Harbor and 
shall authorize such occupations of lands or flats outside of s?oners°to mis " 
the harbor lines, at and near each end of said bridge, as they authorize 

, fji i* c • i i • i occupations of 

deem necessary lor the proper construction ol said bridge certain lands, 
and for avoiding angles that will tend to cause collections of etc " 
floating matter, and in granting licenses for the dredging of flats 
in said river shall endeavor to ensure the removal of the 
shoals aforesaid by the licensees prior to the necessity for 
such removal, as required in the preceding section. 

Sect. 3. Said commission shall be styled the Cambridge Cambridge 
Bridge Commission, shall consist of the mayor for the time commission. 
being of the city of Boston, and the mayor for the time being 
of the city of Cambridge, who shall serve without compen- 
sation, and a third person to be appointed in writing and 
certified to the city clerk of each city by said mayors, 
within thirty days after the passage of this act; and if said Vacancy. 
third commissioner is not so appointed and certified the 
governor may appoint some disinterested person as such 
third commissioner, and any vacancy occurring by reason of 
death, resignation, inability to serve, or otherwise, on the 
part of said third commissioner, shall be filled by appoint- 
ment in the manner hereinbefore provided for his original 
appointment. Said third commissioner shall receive such Compensation 

,./.,.. . , ot third 

compensation lor his services as said mayors may agree upon, commissioner. 



38 



STAT. 1898, CHAP. 467. 



Construction, 
etc., of bridge. 

See 1908 files 
Supreme Jud. 
Ct., Suffolk 
County, No. 
13049 Eq. 



P. S. 19, etc., to 
apply. 



Construction, 
etc., of ap- 
proach to 
bridge on 
Boston side. 



Construction, 
etc., of ap- 
proach to 
bridge on 
Cambridge 
side. 



Certain 
provisions of 
law to apply. 



Payment of 
cost of con- 
struction, etc. 



See 1908 files 
Supreme Jud. 
Ct., Suffolk 
County, No. 
13049 Eq. 



or, in case of their failure to agree, then such compensation 
as the governor may determine. 

Sect. 4. Said bridge shall be suitable for all the purposes 
of ordinary travel between said cities, and for the use of the 
elevated and surface cars of the Boston Elevated Railway 
Company; shall be built not less than one hundred and five 
feet in width, and with masonry piers and abutments, and a 
superstructure of iron or steel, or both, and with a draw sub- 
stantially equidistant from the easterly and westerly end 
abutments of said bridge, with a clear opening not less than 
forty feet in width, according to plans to be determined by 
said commission; shall be constructed and maintained sub- 
ject to the provisions of chapter nineteen of the Public Statutes 
and of all other general laws which now are or hereafter may 
be in force relating to bridges over tide water, and to the 
draws therein; except that no compensation for displacement 
of tide water, or for occupying any land or flats of the Com- 
monwealth, shall be required from said cities or from either 
of them. 

Sect. 5. The approach to said bridge on the Boston side 
shall be laid out by said commission as a highway not less 
than one hundred feet in width in all its extent from the westerly 
line of Charles street, extending westerly to the easterly line 
of the easterly abutment of said bridge, and the city engineer 
of the city of Boston, acting for said city, shall construct said 
approach at or before the completion of said new bridge. 

Sect. 6. The approach to said bridge on the Cambridge 
side shall be laid out by said commission as a highway not 
less than one hundred feet in width in all its extent from the 
junction of Broadway with Main street in Kendall square, 
so-called, extending easterly to the westerly line of the westerly 
abutment of said bridge, and the city engineer of the city 
of Cambridge, acting for said city, shall construct said ap- 
proach at or before the completion of said new bridge. 

Sect. 7. Said commission shall in laying out said approaches 
proceed under the same general laws, so far as applicable, 
as govern the laying out of highways in said cities respectively 
under the provisions of law authorizing the assessment of 
betterments, with like remedies to all parties interested. 

Sect. 8. The cost of laying out and construction of said 
approach in the city of Boston, and of all other work on the 
Boston end of said bridge, not including any part of the con- 
struction of the abutments or other parts of said bridge, shall 
be paid by the city of Boston, and the cost of the laying out 
and construction of said approach in the city of Cambridge, 
and of all other work on the Cambridge end of said bridge, 
not including any part of the construction of the abutments 
or other parts of said bridge, shall be paid by the city of Cam- 
bridge, and the cost of construction of the abutments and other 
parts of said bridge, including the cost of the temporary high- 
way bridge, the removal of shoals, and the salaries of the com- 



STAT. 1898, CHAP. 467. 



39 



missioners and of all employees of said commission, and in- 
cluding all other expenses incurred in carrying out the provisions 
of this act not hereinbefore required to be paid by said cities 
severally, shall be deemed the cost of construction of said 
bridge, and shall be paid as provided in section fifteen of chapter 
five hundred of the acts of the year eighteen hundred and ninety- 
seven. 

Sect. 9. Said commission from time to time, while said 
bridge is in process of construction, shall certify to the treas- 
urer of the city of Boston and to the treasurer of the city of 
Cambridge the amount to be paid by each city respectively 
for work done and materials furnished under this act, and the 
persons to whom the amounts are to be paid; and the amounts 
so certified shall on demand therefor by the person entitled 
thereto be paid forthwith. 

Sect. 10. The supreme judicial court, or any justice thereof, 
sitting in equity for either of the counties of Middlesex or 
Suffolk, upon the written application of said commission and 
after notice to all parties interested, may appoint three dis- 
interested persons not residents of the county of Middlesex, 
who shall have the power to compel the attendance of witnesses, 
and who shall, after the construction of said bridge and avenues, 
and after notice to and hearing of the parties interested, de- 
termine what amount shall be paid by the Boston Elevated 
Railway Company as its proportion of the cost of the con- 
struction of said bridge under the provisions of section . fifteen 
of chapter five hundred of the acts of the year eighteen hun- 
dred and ninety-seven. Said commissioners shall return their 
determination into said court, and the decree of the court con- 
firming such determination shall be final and binding; and 
said elevated railway company shall pay to the city of Boston 
one half of the amount determined for it by said commissioners, 
and shall pay the other half to the city of Cambridge. 

Sect. 11. The treasurer of the city of Boston, on the request 
of the mayor thereof, and the treasurer of the city of Cam- 
bridge, on the request of the mayor thereof, shall from time 
to time issue notes, bonds or scrip of their respective cities 
as either may require, in excess of the debt limit prescribed 
by law, each bond to be designated on the face thereof, Cam- 
bridge Bridge Loan, and shall use the proceeds to meet the 
cost to be paid by them respectively under this act. Such 
notes, bonds or scrip shall bear interest, payable semi-annually, 
not exceeding four per cent, per annum, and be payable at 
such time, not less than ten nor more than forty years from 
their respective dates, as shall be determined respectively 
by the treasurer and mayor of the city of Boston and by vote 
of the city council of the city of Cambridge, and expressed 
upon the face of the bonds. The provisions of sections ten 
and eleven of chapter twenty-nine of the Public Statutes 
shall so far as applicable apply to the bonds, notes and scrip 
issued under the authority of this act. 



Commission to 
certify to treas- 
urer of each 
city amount to 
be paid, etc. 



Commission 
may be ap- 
pointed to de- 
termine amount 
to be paid by 
Boston Ele- 
vated Railway 
Company, etc. 



See 1908 files 
Supreme Jud. 
Ct., Suffolk 
County, No. 
13049 Eq. 



Cambridge 
Bridge Loan. 



P. S. 29, 
Sects. 10 and 
11, to apply. 



40 



STAT. 1898, CHAP. 467. 



Damages. 



Betterments 
may be 

assessed. 



Maintenance, 
management, 
etc.; commis- 
sion to be ap- 
pointed, etc. 

2 Op. Atty- 
Genl. 541. 



Payment of 
damages. 



Enforcement of 
provisions, etc. 



Sect. 12. Any person entitled by law to any damages for 
the taking of or injury to this property under authority of 
this act may have such damages determined by a jury in the 
superior court for the county of Suffolk or Middlesex on peti- 
tion therefor, under the same rules of law so far as applicable 
as damages are determined for the taking of land for high- 
ways in said cities of Boston and Cambridge, respectively, 
under the provisions of law authorizing the assessment of 
betterments. 

Sect. 13. Betterments may be assessed for the laying 
out and construction of said avenue in said cities of Boston 
and Cambridge, respectively, under the general laws author- 
izing the assessment of betterments, with like remedies to all 
parties interested. 

Sect. 14. Said bridge and draw, and all other bridges 
and draws between said two cities, shall be policed and main- 
tained by the cities of Boston and Cambridge, and a board 
of two commissioners, one appointed by the mayor of the 
city of Boston and one by the mayor of the city of Cambridge, 
without any confirmation thereof being required, shall support, 
manage and keep in repair said bridges, and exclusively author- 
ize poles, wires and other structures to be placed on any or 
all of the same, in such places as said board may deem proper; 
and each city shall appropriate one half the amount required 
for such maintenance, policing, support, management and 
repairs as determined by said board and by the mayors of said 
cities; and all damages recovered in any action at law by 
reason of any defect or want of repair in any such bridge or 
draw shall be paid by said cities equally. 

Sect. 15. The supreme judicial court, or any justice thereof, 
sitting in equity for either the county of Middlesex or the 
county of Suffolk, shall in term time or vacation, on the peti- 
tion of any city, corporation, person or persons interested, or 
of the attorney of any such petitioner, have jurisdiction in 
equity to enforce and to prevent any violation of the provisions 
of this act. ' 

Sect. 16. This act shall take effect upon its passage. [Ap- 
proved May 26, 1898.] 



STAT. 1901, CHAP. 90. 41 



Stat. 1900, Chap. 258. 

An Act Relative to the Taking of Land or Other Pri- 
vate Property by the Boston Elevated Railway 
Company, and to confirm the Locations of Said 
Company in the County of Suffolk. 

Be it enacted, etc., as follows: 

Sect. 1. In all cases wherein the Boston Elevated Rail- Taking of land, 
way Company has heretofore taken or shall hereafter take Boston Ice- 
land or private property in accordance with the provisions of rated Railway 

jt jt jt «/ jr (Jompany. 

section eleven of chapter five hundred and forty-eight of the 
acts of the year eighteen hundred and ninety-four, either 
party, if dissatisfied with the estimate of the county commis- 
sioners, or of the aldermen of the city of Boston having like 
powers and performing like duties within said city as are 
exercised and performed by the county commissioners of 
counties, may at any time within one year after the estimate 
is made apply for a jury in the superior court for the county 
in which such land or private property is situated, to assess 
the damages occasioned by such taking, and upon such appli- 
cation the proceedings shall be the same as are provided for 
the recovery of damages in the laying out of highways. 

Sect. 2. The locations of the Boston Elevated Railway certain ioca- 
Company in the county of Suffolk, filed by said company tions confirmed, 
with the aldermen of the city of Boston, are hereby ratified 
and confirmed as valid locations and takings to all intents i907°chap. a * 
and purposes of the lands described in said locations and in 277 - 
the plans accompanying the same: provided, however, that Proviso. 
claims for damages by reason of said locations and takings, 
or any of them, not heretofore legally satisfied, may be made 
and enforced in the same manner and with the same effect as 
if the filing of each and all of said locations and takings was 
first made at the time of the passage of this act. 

Sect. 3. This act shall take effect upon its passage. [Ap- 
proved April 25, 1900.] 



Stat. 1901, Chap. 90. 

An Act to extend the Time within which the Boston 
Elevated Railway Company shall construct Cer- 
tain Parts of its Railway. 



Be it enacted, etc., as follows: 

Sect. 1. Sections thirteen and fourteen of chapter five i 89 7 f 50 o, 

hundred of the acts of the year eighteen hundred and ninety- s | cts - 13 ? n , d 

seven are hereby amended by inserting after the words " three i99M?Ms. e i38. 



42 



STAT. 1902, CHAP. 388. 



years/' wherever they occur in said sections, the words: — 
and six months. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved February 27, 1901.] 



Provisions of 
1897, 500, ex- 
tended. 

201 Mass. 586. 



Certain pro- 
visions of law 
to apply to the 
Boston Transit 
Commission, 
etc. 



Stat. 1902, Chap. 114. 

An Act Relative to the Connecting of the East Boston 
Tunnel, the Cambridge Street Subway, and Other 
Subways. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter five hundred of the 
acts of the year eighteen hundred and ninety-seven, relative 
to the construction of a tunnel to East Boston and a subway 
under Cambridge street, are extended so that the East Boston 
tunnel and the Cambridge street subway may, with the con- 
sent of the Boston Elevated Railway Company, be connected 
with the existing subway and with each other, and with any 
other subway, on such terms, in such manner and at such 
points, whether at grade or otherwise, as the Boston Transit 
Commission may deem that the public interests require. 

Section 2. The provisions of chapter five hundred and forty- 
eight of the acts of the year eighteen hundred and ninety-four, 
of chapter five hundred of the acts of the year eighteen hun- 
dred and ninety-seven, and of the acts in amendment of or 
in addition to said acts, shall apply to the Boston Transit 
Commission and the members thereof in the execution of any 
work authorized by law to be done by said commission. 

Section 3. This act shall take effect upon its passage. 
[Approved February 25, 1902.] 



Stat. 1902, Chap. 388. 

An Act to authorize the Old Colony Street Railway 
Company to lease to the Boston Elevated Railway 
Company or to the West End Street Railway Com- 
pany Any Part of its Railway and Property Located 
in the City of Boston. 

Be it enacted, etc., as follows: 
The old The Old Colony Street Railway Company, by votes of its 

RaSiwa Street board of directors and of a majority in interest of its stock- 
Company may holders present and voting at a meeting called for the purpose, 
iteraifway^etc. may lease to the Boston Elevated Railway Company or to 



STAT. 1902, CHAP. 534. 43 

the West End Street Railway Company the whole or any 
part of that part of its railway and property located within 
the city of Boston, with such of the rights and privileges con- 
nected therewith, and for such period and upon such terms, 
and to such extent, as the parties to such lease shall agree upon 
and as shall be approved by the board of railroad commis- 
sioners; and either said Boston Elevated Railway Company 
or said West End Street Railway Company may accept such 
a lease by votes of its board of directors and of a majority in 
interest of its stockholders present and voting at a meeting 
called for the purpose. If such lease is made to said West 
End Street Railway Company said company may assign 
the same, and all its rights thereunder, for the whole or for 
a part of the term of the lease, to said Boston Elevated Rail- 
way Company; and said Boston Elevated Railway Company, 
after suoh lease or assignment of lease to it, may use and 
operate the leased railway and property, rights and privileges 
as a part of the system of railway owned or operated by it. 
Said Old Colony Street Railway Company, if it makes such 
lease, may, to such extent and in such instances as the board 
of railroad commissioners shall approve, anything to the 
contrary notwithstanding in the provisions of sections eighty- 
six and eighty-nine of chapter one hundred and twelve of the 
Revised Laws and in other provisions of law applicable thereto, 
readjust the fares and the distances covered by fares on other 
parts of its system established prior to or in connection with 
the purchase of or consolidation with other street railway 
companies. [Approved May 12, 1902.] 



Stat. 1902, Chap. 534. 

An Act to provide for the Construction of Additional 
Tunnels and Subways in the City of Boston. 

Be it enacted, etc., as follows: 

Section 1. The Boston transit commission, hereinafter Additional 
called the commission, may construct in the city of Boston, ^wa^mly 
hereinafter called the city, a system of tunnels and subways be constructed 
so designed as to be adapted for the accommodation of two 
tracks especially for use by elevated cars or trains and two ch^p^ier^ 04 ' 
tracks especially for use by surface cars, from a point or points __ 
near the junction of Broadway and Washington street or 206 mS.' c>, ss. 
within one thousand feet therefrom, through and under public 
streets, squares or places and public or private lands, between 
the existing subway and a line parallel with and seven hundred 
and fifty feet easterly from Washington street to the line of 
Court and State streets, and thence northerly by such route 



44 



STAT. 1902, CHAP. 584. 



Authority to 
construct 
subway 
revoked by 
Stat. 1907, 
Chap. 573, 
Sect. 17. 



When struct- 
ures shall be 
begun, etc. 



Preliminary 
investigations, 
surveys and 
plans to be 
made, etc. 



Plan to be 
filed before 
construction 
is begun, etc. 



Contracts. 



as may be deemed best, to a point or points in or near Adams 
square, Haymarket square or Causeway street, together with 
approaches, sidings, entrances, stations, elevators, inclines, 
connections and other structures, hereinafter called appur- 
tenances, which shall also include connections either at grade 
or otherwise with the East Boston tunnel and the existing 
subway. 

The structure for the two tracks especially adapted for ele- 
vated cars or trains, hereinafter called the tunnel, shall be 
begun immediately after the acceptance of this act by a ma- 
jority of the voters of the city as hereinafter provided. The 
structure for the remaining two tracks, hereinafter called the 
subway, shall be begun at such time after the expiration of one 
year from the completion of the tunnel as the commission and 
the Boston Elevated Railway Company, hereinafter called 
the compan}^, maj^ agree upon, or, in case of difference, as the 
board of railroad commissioners, hereinafter called the board, 
shall determine that the public interests require. The struct- 
ure or structures for all four tracks, with the appurtenances, 
or any part or parts thereof, may be begun at any time after 
the acceptance of this act by a majority of the voters of the 
city as hereinafter provided, if and so far as the commission 
deems it expedient and if the company by its board of directors 
consents thereto. 

Section 2. The commission shall immediately after the 
passage of this act make such preliminary investigations, 
surveys and plans as it deems expedient, and to that end may 
enter upon any lands and place and maintain marks therein, 
and may make excavations, borings and do all other acts 
necessary for such investigations and surveys. The com- 
mission may expend such sums as it deems necessary therefor. 
The expenses incurred in making such preliminary investiga- 
tions, surveys and plans shall be paid from the loan authorized by 
chapter five hundred and forty-eight of the acts of the year eigh- 
teen hundred and ninety-four and acts in addition thereto, but if 
construction is begun hereunder the amount so expended shall 
be transferred and charged to the cost of such construction. 

Section 3. The commission shall not begin the work of 
construction until it has filed in the office of the city engineer 
a plan signed by the commission showing the location of that 
part of the work which it is about to construct. Any such 
plan so filed may be altered at any time by a new plan signed 
and filed in like manner. 

Section 4. The commission may make contracts in the 
name of the city for the work herein authorized, but all con- 
tracts involving two thousand dollars or more in amount shall 
be in writing and signed by a majority of the commission; 
and no such contract shall be altered except by an instrument 
in writing signed by the contractor and a majority of the com- 
mission, and also by the sureties, if any, on the bond given by 
the contractor, for the completion of the original contract. No 



STAT. 1902, CHAP. 684. 



45 



such contract or alteration of any such contract shall be valid 
or binding on the city unless executed in the manner aforesaid. 

Section 5. All work done under this act under or near 
public streets and places shall be conducted, so far as practi- 
cable, in such manner as to leave such streets and places, or a 
reasonable part thereof, open for traffic between the hours of 
eight in the forenoon and six in the afternoon of each secular 
day except public holidays. 

Section 6. The commission may for the purposes of this 
act use public ways and lands without compensation therefor, 
and may take for the city, by purchase or otherwise, lands in 
fee and easements, estates, and rights in land, including the 
right to go under the surface thereof or through or under build- 
ings or parts of buildings thereon, and such takings in fee or 
otherwise may be made whether the lands taken or otherwise 
affected are held under or by title derived under eminent do- 
main or otherwise. A taking under this section of an easement 
or other estate or right in a given parcel of real estate, whether 
such parcel consists of unimproved land or of land and buildings, 
may be confined to a portion or section of such parcel fixed by 
horizontal planes of division below or above or at the surface 
of the soil, and in such case no taking need be made of upper or 
lower portions or sections, except of such easements therein, 
if any, as the commission may deem necessary. The commis- 
sion, to make any taking by right of eminent domain, shall 
cause to be recorded in the registry of deeds for the county 
of Suffolk a description of the lands, easements, estates or 
rights to be taken, as certain as is required in a common con- 
veyance of land, with the statement that the same are taken 
under authority of this act, which description and statement 
shall be signed by the commission; and the lands, easements, 
estates or rights therein described shall upon such recording 
be taken for and shall vest in the city. The commission shall, 
so far as may be practicable, notify all known owners of such 
takings, but the validity thereof shall not be affected by want 
of such notice. 

Section 7. The commission may sell or remove the build- 
ings from any and all lands taken by it, and shall sell, if a sale 
be practicable, or if not shall lease, any lands, or rights or 
interests in land or other property so taken, or purchased for 
the purposes of this act, whenever the same shall in the opinion 
of the commission cease to be needed for such purposes. The 
proceeds of such sales, and the fair valuation of any such lands 
or other property no longer needed for such purposes but not 
actually sold, as agreed on by the commission and the com- 
pany, or in case of difference as determined by the board, 
shall be deducted from the cost of the tunnel or the subway, 
as the case may be, for the purpose of ascertaining the rental 
thereof. 

Section 8. The commission shall determine and award 
the damages sustained by any person by reason of property 



Parts of 

streets, etc., 
to be kept 
open for traffic 
between cer- 
tain hours. 



Public ways 
may be used, 
lands taken, 
etc. 

Amended 
Stat. 1907, 
Chap. 258. 

206 Mass. 88. 



Certain build- 
ings may be 
removed or 
sold, etc. 

206 Mass. 88. 



Damages. 
206 Mass. 89. 



46 



STAT. 1902, CHAP. 684. 



Certain struct- 
ures may be 
removed or re- 
located, etc. 



Gas compa- 
nies may shut 
off gas when 
necessary to 
avoid danger. 

Contract may 
be made with 
the Boston 
Elevated Rail- 
way Company 
for the exclu- 
sive use of the 
tunnel and 
subway, etc. 



taken or injured by the commission under authority of this 
act, except public ways or lands, and may agree with any per- 
son as to the amount to be paid as damages sustained by him 
for any property so taken or injured, which damages the city 
shall be liable to pay. If such person is dissatisfied with such 
award, or cannot agree with the commission upon his damages, 
the same may be determined by a jury in the superior court for 
the county of Suffolk, on petition therefor of such person or 
of the commission against the city, filed in the clerk's office 
within one year after such property is so taken or injured; 
and judgment shall be entered upon the determination of such 
jury and costs shall be taxed and execution issued in favor of 
the prevailing party as in civil cases. The members of the 
commission shall not be personally liable for any such 
damage. 

Section 9. The commission may order the temporary 
removal or relocation of any surface tracks, and the temporary 
or permanent removal or relocation of any conduits, pipes, 
wires, poles or other property of any person or corporation, 
which it deems to interfere with the construction or opera- 
tion of the tunnel or subway, and shall grant new locations for 
any such structures so removed or relocated. Such orders, 
to the extent specified therein, shall be deemed a revocation 
of the right or license to maintain such tracks, conduits, pipes, 
wires, poles or other property, and the owner of any such 
structures in public ways or lands shall comply with such orders 
without expense to the city. If such owner shall fail to com- 
ply with the order of the commission within a reasonable time, 
to be fixed in the order, the commission may discontinue and 
remove such tracks, conduits, pipes, wires, poles or other prop- 
erty, and may relocate the same, and the cost of such dis- 
continuance, removal or relocation shall be repaid to the city 
by the owner. No such discontinuance, removal or relocation 
shall entitle the owner of the property thus affected to any 
damages on account thereof. Any such structures in or upon 
private lands may be removed and relocated by the com- 
mission, or if removed and relocated by the owner thereof the 
reasonable expense shall be repaid him by the commission. 
Any gas company may shut off the gas from any pipes affected 
by any acts done hereunder, when and so far as it may be neces- 
sary to avoid danger of escape or explosion of gas. 

Section 10. The commission shall within ninety days 
after the passage of this act execute with the company, in 
the name of the city, the company consenting thereto, a con- 
tract in writing for the sole and exclusive use of the tunnel and 
subway and appurtenances for the period of twenty-five years 
from the beginning of the use of the tunnel, at an annual rental 
equal to four and one half per cent, of the net cost of the tunnel 
and subway, respectively, for the running of trains and cars 
therein, and for such other uses and upon such provisions and 
conditions, not affecting the term of rental, as the commis- 



STAT. 1902, CHAP. 534- 



47 



sion and the company may agree upon, or in case of difference, 
as the board may determine. The provisions of this act, in 
so far as they declare, define or establish the terms and con- 
ditions for the construction, tenure, maintenance and operation 
of said tunnel, subway and appurtenances, shall be embodied 
in and made part of said contract. The use of the tunnel or 
subway respectively shall begin when, in the opinion of the 
commission, a reasonable time after completion has been al- 
lowed for equipment. The net cost of the tunnel and subway 
respectively shall be deemed to include all expenditures in- 
curred in acquisition and construction, including damages, 
expenses and salaries of the commission, and interest at three 
and one fourth per cent, per annum on the debt incurred in 
construction prior to the beginning of the use. If the contract 
for the use of the tunnel and subway is executed as above pro- 
vided the commission, upon the acceptance of this act by the 
voters of the city as hereinafter provided, shall proceed with 
the work of construction. 

Section 11. If the company shall execute the contract 
hereinbefore provided for, the company may, before the com- 
pletion of the tunnel, construct lines of elevated railway accord- 
ing to such plans as the board may approve, to be operated by 
electricity or by such other motive power except steam, as 
may be approved by the board in respect of the locations 
heretofore granted to the company, upon the following loca- 
tions, which are hereby granted therefor, and may equip, 
maintain and operate engines, motors, trains and cars thereon, 
to wit: — (a) beginning at the southerly end or ends of the 
tunnel, thence upon and over any streets and public or private 
lands to the company's elevated structure now erected on or 
near Washington, Mott or Castle street; (b) beginning at the 
northerly end or ends of the tunnel, thence upon and over any 
streets, squares and public or private lands to the company's 
elevated structure now erected on or near Causeway street; 
and (c) such other locations as may in the opinion of the board 
be necessary or convenient to connect the tunnel with the ele- 
vated structures of the company. For the purposes of this 
act, including all equipment or other expenditure by the com- 
pany thereby required or authorized, the company may issue 
such amounts of its stock or bonds, or of each, as may be neces- 
sary therefor, subject to all laws applicable to such issue; 
and it shall have all the rights and powers, and be subject to 
all the restrictions, liabilities and obligations conferred or 
imposed by sections eight, nine, eleven, twelve and fifteen 
of chapter five hundred and forty-eight of the acts of the year 
eighteen hundred and ninety-four, and sections seven, eight, 
nine and twenty-one of chapter five hundred of the acts of 
the year eighteen hundred and ninety-seven. The locations 
granted by this section in, upon or over public ways or lands 
shall be held by the company or its assigns so long as it or they 
have the use of the tunnel. 



If the company 
shall execute 
the contract it 
may construct 
lines of elevated 
railway upon 
certain loca- 
tions, etc. 



Necessary 
amounts of 
stock or bonds 
may be issued, 
etc. 



48 



STAT, 1902, CHAP. 684. 



Upon the com- 
pletion of the 
tunnel, etc., ele- 
vated trains 
and cars shall 
be removed 
from existing 
subway, etc. 



Company may 
apply for a 
revision of 
the determina- 
tion of certain 
questions. 
203 Mass. 
153, n. 



After one year 
from the com- 
pletion of the 
subway certain 
surface tracks, 
poles, etc., 
may be re- 
moved, etc. 



Use and con- 
trol of sub- 
way to be sub- 
ject to certain 
rights. 



Section 12. Upon the completion of the tunnel and ap- 
purtenances and upon notification as hereinbefore provided, 
the company shall remove its elevated trains and cars from the 
existing subway; and thereupon any alterations therein or in 
the approaches thereto necessary to re-adapt it to the use of 
surface cars shall be made by the commission, and the expense 
thereof shall be deemed part of the cost of the tunnel. The 
tunnel during the term of the contract hereinbefore provided 
for shall be and be considered a part of the elevated railway 
operated by the company; and the board, subject to the pro- 
visions of the contract, shall have and exercise the same power 
and control over the same in all respects that are conferred upon 
the board as to the elevated structure by chapter five hundred 
and forty-eight of the acts of the year eighteen hundred and 
ninety-four, chapter five hundred of the acts of the year eigh- 
teen hundred and ninety-seven and by other laws in addition 
thereto. The company, upon removal of its elevated trains 
from the existing subway, may discontinue the use of its ele- 
vated structures and locations connecting its elevated road 
therewith, and may sell any lands or other property acquired 
for the purposes of such connection, applying all proceeds 
thereof to proper corporate uses; and such discontinuance or 
sale shall not be deemed to impair the capital of the company. 

Section 13. Upon the determination by the commission 
of any important question arising in the course of the work 
herein provided for, upon which the company has previously 
requested a hearing, except an award of or agreement upon 
damages as provided in section eight hereof, the company may 
within three days after notice of such determination apply 
to the board for a revision of the same, and thereupon the board 
may consider and finally determine such question. 

Section 14. At any time after the expiration of one year 
from the completion of the subway the board may order such 
surface tracks, together with the poles and wires used for the 
operation of cars thereon, to be removed from any part of 
Washington street between Broadway and Adams square, 
except tracks crossing said street, as in its opinion have been 
rendered unnecessary by the construction of such subway. 
Such order of the board shall be deemed a revocation of all 
rights or locations to occupy for street railway purposes the 
street or part thereof included in the order; and surface tracks 
shall not thereafter be laid or maintained thereon. Nothing 
in this section contained shall be construed as affecting any 
existing power to revoke locations on said street or any part 
thereof as provided by law. 

Section 15. The use and control of the subway, if ac- 
quired by the company, shall be subject to the rights, if any, 
which the West End Street Railway Company may have under 
the provisions of article two of its lease to the company, dated 
December ninth, eighteen hundred and ninety-seven, or other- 
wise. 



STAT. 1902, CHAP. 534. 



49 



Section 16. The treasurer of the city shall from time to 
time, on request of the commission, issue and sell at public 
or private sale, the bonds of the city, registered or with interest 
coupons attached, as he may deem best, to an amount not 
exceeding the cost of the tunnel and subway herein provided 
for. Such bonds shall be designated on their face, Boston 
Tunnel and Subway Loan, shall be for such terms, not exceed- 
ing fifty years, as the mayor and treasurer of said city may 
determine, and shall bear interest payable semi-annually at such 
rate not exceeding four per cent, per annum, as the treasurer 
shall determine. The debts incurred by the city from time to 
time under the provisions of this act shall not be included 
in determining the limit of indebtedness of the city as established 
by law, and the proceeds of such bonds shall be used to meet 
all damages, costs and expenses incurred by the commission 
or the city in carrying out the provisions of this act. The board 
of commissioners of sinking funds shall establish a sinking 
fund for the payment of the bonds issued under this act. All 
premiums received from the sale thereof shall be paid into the 
sinking fund. All rents, tolls, percentages or other annual 
compensation received by the city for any use of the tunnel or 
subway under this act, or for any use of any lands or rights 
taken under authority of this act, shall annually be used by the 
treasurer, — first, to meet the requirements of and any de- 
ficiency in the sinking fund, — second, to meet the interest on 
the bonds, and the surplus, if any, as a part of the general 
revenue of the city. The proceeds from any sale of lands or 
rights taken by purchase or otherwise under authority of this 
act shall be paid into the sinking fund, or shall be used for 
construction, as the commission may determine. 

Section 17. The term of office of the commission is hereby 
extended to the first day of July in the year nineteen hundred 
and six. The provisions of section two of chapter three hundred 
and seventy-five of the acts of the year eighteen hundred and 
ninety-nine shall remain in force during said extended term. 
If the term of the commission, as hereby or as hereafter ex- 
tended, expires before the completion of the work herein pro- 
vided for, the city shall have ail the rights, powers and privileges, 
and be subject to all the duties, restrictions and liabilities, 
hereby conferred or imposed upon the commission in respect 
thereof, such powers to be exercised by the mayor, city engi- 
neer and city treasurer in place of the commission, or by such 
other officers as the city council may prescribe. If this act 
is not accepted by a majority of the voters of the city, as here- 
inafter provided, the term of office of the commission shall be 
extended only to the first day of July in the year nineteen hun- 
dred and four. The members of the commission for the ex- 
tended term provided for in this act shall be appointed by the 
governor and the mayor of the city in the manner provided in 
section twenty-three of chapter five hundred and forty-eight 
of the acts of the year eighteen hundred and ninety-four. 
Said appointments shall be for the term of two years. 



Boston Tunnel 
and Subway 
Loan. 



Sinking 
fund, etc. 



Term of 
office of Boston 
Transit Com- 
mission ex- 
tended, etc. 



Members of 
the commission 
for extended 
term, appoint- 
ment, etc. 



50 



STAT. 1904, CHAP. 167. 



Enforcement, 
etc., of pro- 
visions. 



To be sub- 
mitted for ac- 
ceptance to 
voters at next 
municipal 
election, etc. 
184 Mass. 587, 
590. 
203 Mass.l53,n. 



Proviso. 



When to take 
effect. 



Section 18. The supreme judicial court and the superior 
court, upon application of any party in interest, including 
the city or any ten taxable inhabitants thereof, may enforce 
or prevent violation of the provisions of this act by any ap- 
propriate process. 

Section 19. If the contract for the use of the tunnel and 
subway is executed by the commission and the company as 
hereinbefore provided, this act shall be submitted for accept- 
ance to the voters of the city at the next municipal election, 
and if accepted by a majority of those voting thereon at such 
election it shall thereupon take full effect. The city shall 
have, hold and enjoy in its private or proprietary capacity, 
for its own property, the existing subway, the East Boston 
tunnel, the Cambridge street subway and the tunnel and 
subway built under this act, and all rents, tolls, income and 
profits from all contracts heretofore or hereafter entered into 
for the use of said subways or tunnels or any part thereof, and 
the same shall never be taken by the Commonwealth except 
on payment of just compensation: provided, however, that 
so much of such rents, tolls, income and profits as may be 
necessary therefor shall be paid into the respective sinking 
funds for the redemption of said bonds and used for the pay- 
ment of the interest thereon. 

Section 20. For the purposes of the preliminary work 
authorized by section two hereof, the payment of the expense 
of the same, the extension of the term of office of the com- 
mission and its powers to the first day of July in the year 
nineteen hundred and four, the appointment of the members 
thereof, and the execution of the contract provided for by 
section ten, and the submission of this act to the voters as 
hereinbefore provided, this act shall take effect upon its pas- 
sage. [Approved June 27, 1902.] 



The foregoing act was accepted by the voters of the city of 
Boston at an election held December 9, 1902, and acceptance 
was filed December 26, 1902. 



Construction of 
a tunnel, etc., 
in the city of 
Boston. 

Amended 
Statutes 1905, 
Chapter 460. 



Stat. 1904, Chap. 167. 

An Act Relative to the Construction of a Tunnel for 
Elevated Cars or Trains in the City of Boston. 

Be it enacted, etc., as follows: 

Section 1. The structure for two tracks especially adapted 
for elevated cars or trains for which provision is made in chap- 
ter five hundred and thirty-four of the acts of the year nineteen 
hundred and two, therein called the tunnel, may be located 
and constructed by the Boston Transit Commission northerly 
of the junction of Washington street and Adams square, in 



STAT. 1905, CHAP. JfiO. 



51 



and through the existing subway; and in connection there- 
with such changes may be made within that part of said sub- 
way as may be necessary for the accommodation of surface 
cars; and at any time after the completion of the tunnel the 
commission may make such further changes in or additions to 
the existing subway between Adams square or Scollay square 
and Causeway street as may be necessary for the accommoda- 
tion of surface cars. In all action hereunder the commission 
shall, so far as may be necessary, have all the powers conferred 
by the above named act and shall be subject to the provisions 
of section thirteen thereof. All expenses incurred hereunder, 
including any charges or expenses occasioned by reason or in 
consequence of the laying out of the tunnel through a part of 
the subway as above provided, shall be deemed a part of the 
cost of the tunnel under said act. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved March 21, 1904.] 



Stat. 1905, Chap. 460. 

An Act Relative to the Location of the Tunnel in the 
City of Boston provided for by Chapter Five Hundred 
Thirty-four of the Acts of the Year Nineteen 
Hundred and Two. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-seven of the 1904, 167, §i, 
acts of the year nineteen hundred and four is hereby amended amended - 
by striking out section one and inserting in place thereof the 
following: — Section 1. The structure for two tracks especially Construction, 
adapted for elevated cars or trains for which provision is made in fn^the^fty^T 61 
chapter five hundred and thirty-four of the acts of the year nine- Boston, 
teen hundred and two, therein called the tunnel, may be located 
and constructed by the Boston Transit Commission, northerly 
of the junction of Washington street and Adams square, in and 
through the existing subway or any part or parts thereof, or 
in public or private lands outside thereof. When such struct- 
ure is so located the commission may make such changes in 
or additions to the subway, by enlargements thereof or branch 
structures, in Washington street or in other public or private 
lands northerly of a line drawn east and west through said 
junction, as may be necessary for the accommodation of sub- 
way traffic. In all action hereunder the commission shall 
have all the powers conferred by said act so far as necessary 
therefor, and shall be subject to the provisions of section 
thirteen thereof. In any case arising under said section thir- 
teen the board shall have and may exercise any and all powers 
which might have been exercised by the commission. All 
expenses incurred hereunder, whether by way of compensa- 



52 



STAT. 1906, CHAP. 520. 



tion for the use of a part or parts of the subway, or for the 
taking of private lands for track or station purposes, or other- 
wise, shall be deemed a part of the cost of the tunnel under 
said act. 

Sect. 2. This act shall take effect upon its passage. [Ap- 
proved May 25, 1905.] 



Stat. 1905, Chap. 466. 

An Act to authorize the Boston Elevated Railway 
Company to construct a Subway or Subways in the 
City of Cambridge. 

This act did not take effect, as it was not accepted by the 
company. 



The Boston 
Elevated 
Railway 
Company may 
construct cer- 
tain subways 
in Cambridge, 
etc. 

199 Mass. 139. 
203 Mass. 148. 



Stat. 1906, Chap. 520. 

An Act to authorize the Boston Elevated Railway 
Company to construct a Subway or Subways in the 
City op Cambridge and to provide for Connection 
thereof with the railway system in the clty of 
Boston. 

Be it enacted, etc., as follows: 

Section 1. The Boston Elevated Railway Company, here- 
inafter called the company, which term shall be deemed to 
include its successors and assigns but shall not include any 
construction company, may construct in the city of Cam- 
bridge, hereinafter called the city, under the supervision of 
the board of railroad commissioners, hereinafter called the 
board, to the extent hereinafter provided, a subway or subways, 
hereinafter called the Main street subway, of sufficient size 
for two railway tracks, and adapted to the running of elevated 
railway trains and surface cars therein, with approaches, en- 
trances, sidings, stations, inclines, cuts, loops, connections 
and other suitable appurtenances therefor, all hereinafter 
called appurtenances (which term shall not include terminals), 
between such point or points in Main street at or near the 
westerly abutment of Cambridge bridge, or in, or in the vicinity 
of, Kendall square, as may be suitable for connection with 
elevated railway and surface railway tracks, in and under 
Main street, Massachusetts avenue, including Quincy square, 
Harvard square, Brattle street and Brattle square, and thence 
westerly by suitable inclines and approaches to a connection 
with surface tracks in Mount Auburn street at or near Story 
street; and, at its option, from Brattle square to and under 
Eliot square and Eliot street at or near Murray street, and 
thence by suitable inclines and approaches to a connection 



STAT. 1906, CHAP. 520. 



53 



with surface tracks and terminals; and from Harvard square 
northerly in and under Massachusetts avenue, and thence by- 
suitable inclines and approaches to and through the westerly 
portion of the two small commons situated between Massa- 
chusetts avenue and Peabody street to a connection with 
surface tracks in Massachusetts avenue; leaving unoccupied 
sufficient space beneath the surface of Harvard square for a 
terminal station for the Cambridge street subway hereinafter 
referred to; and may operate and maintain the same for the 
running of railway trains and surface cars and other incidental 
uses in connection therewith. The city may, and upon re- 
quest of the company shall, discontinue that part of the high- 
way which lies between the two small commons. 

Section 2. Upon the acceptance of this act by the com- 
pany, as hereinafter provided, the company may enter upon 
any lands, so far as may be necessary to make preliminary 
investigations, surveys and plans, and may place and main- 
tain marks therein, make borings and excavations, and do all 
other acts necessary for such investigations and surveys. 

Section 3. The company shall not begin the work of 
construction of the Main street subway until it has filed in 
the office of the city engineer, within twelve months after its 
acceptance of this act, a plan showing the proposed route or 
location thereof and the general form and method of con- 
struction, with the location of proposed tracks and stations 
and approaches; nor until such plan shall have been sub- 
mitted to the mayor for approval. Any such plan may be 
amended or altered at any time by a new plan. After thirty 
days from the filing thereof and whether the mayor has or has 
not approved such plan, the company shall apply to the board, 
which, after such notice and hearing as it deems proper, shall 
approve such plan or alter the same in such manner as it may 
deem necessary. The city may employ a competent engineer 
at the expense of the company with whom to consult in refer- 
ence to such plan and the construction of the subway or sub- 
ways herein authorized. The company shall not begin the 
work of construction of any subway under or across the Grand 
Junction branch of the Boston and Albany railroad until the 
grade and elevation of such subway at such crossing shall have 
been approved by the board, after due hearing. 

Section 4. The company may take by purchase or other- 
wise for the subway purposes of this act, outside the limits of 
public ways, parks or other public lands, any lands in fee, 
including the buildings thereon, and any easements or limited 
estates or rights in lands, including the right to go under or 
above the surface thereof or through or under buildings or 
parts of buildings thereon, which it may deem necessary there- 
for; and any taking under this act in fee or otherwise may be 
made whether the lands taken or affected are held by title 
derived under eminent domain or otherwise. A taking or 
purchase of an easement or limited estate or right in a given 



City may 
discontinue 
part of a 
certain 
highway. 

Company 
may enter 
upon lands, 

etc. 



Not to begin 

work until 

plan is filed, 

etc. 

197 Mass. 574, 

577. 



City may 
employ an 
engineer, etc. 



Company 
may take 
certain lands, 
etc. 



54 



STAT. 1906, CHAP. 520. 



May locate 
and construct 
subways, etc. 



May take lands 
to make con- 
nections, etc. 



Proviso. 



May take lands 
for terminals or 
station pur- 
poses, etc. 



May exercise 
certain powers, 
etc. 



Proceedings in 
taking land, 
etc., by right 
of eminent 
domain. 



parcel of real estate, whether such parcel consists of unimproved 
land or of land and buildings, may be confined to a part or 
section of such parcel, fixed by planes of divisions or other- 
wise, below, above or at the surface of the soil, and in such 
case no taking need be made of other parts or sections thereof 
except of such easements therein, if any, as the company may 
deem necessary. Except as otherwise provided herein, the 
company may locate and construct the subways herein pro- 
vided for and their appurtenances wherever it deems best 
within the limits herein prescribed, or, for the purpose of 
obtaining the most advantageous alignments, curves and 
grades, with the approval of the board, in and under other 
public or private lands adjacent or near to the routes herein 
defined. For the purposes of this act and within the limits 
herein prescribed, public ways and parks and the lands over 
which the same are laid out, or other public lands, may be 
used without compensation for such use, with the same rights 
and immunities as the public would have in making the same 
use thereof. 

Section 5. The company may take by purchase or other- 
wise such lands in fee or such easements or rights in lands as 
may be necessary or desirable to effect such connection or 
junction as it may deem suitable between the subway or sub- 
ways constructed under this act and any elevated or surface 
railway tracks : provided, however, that the method of any such 
connection or junction which would exclude other public travel 
from any public way or parkway or part thereof, except at the 
terminal points of the subway or subways, shall be subject to 
the approval of the board. 

Section 6. At any time before or after the completion of 
any subway or subways constructed under this act, the com- 
pany may purchase or may take, in the manner prescribed 
by this act for the taking of lands for its subway purposes, 
any lands in fee with the buildings thereon, or easements or 
limited estates or rights in land, necessary or convenient for 
terminals or for station purposes or for any alterations approved 
by the board in the subways or their appurtenances aforesaid. 
For all purposes of the construction, connection, equipment, 
maintenance and operation of such subways and their appur- 
tenances, so far as may be necessary therefor, the company 
shall have and may exercise any powers conferred upon it by 
this act and by chapter five hundred and forty-eight of the 
acts of the year eighteen hundred and ninety-four and chap- 
ter five hundred of the acts of the year eighteen hundred and 
ninety-seven. 

Section 7. To make any taking for subway purposes by 
right of eminent domain the company shall cause to be re- 
corded in the registry of deeds for the southern district of the 
county of Middlesex a description of the lands, easements, 
estates or rights taken, as certain as is required in a common 
conveyance of land, with a statement that the same are taken 



STAT. 1906, CHAP. 520. 55 

for subway purposes under the authority of this act, signed by 
a majority of its directors; and the lands, easements, estates 
or rights so described shall thereupon be taken for such pur- 
poses. The company shall at the same time give notice of 
such taking to the owner of the property taken, if known, but 
want of such notice shall not affect the validity of the taking, 
nor extend the time for proceedings for damages. 

Section 8. The company shall pay all damages to or for Damages, 
property taken or injured by it in any work done in or in 
connection with any subway construction under authority 
of this act, except that no damages shall be payable in respect 
of the use of public ways or parks or the lands over which the 
same are laid out, or other public lands, and may agree with 
any owner of such property upon the amount to be paid as 
compensation or damages therefor; and if the parties do not 
agree the same may be determined by a jury in the superior 
court for the county of Middlesex on petition of such owner 
against the company, filed in the clerk's office before the ex- 
piration of two years from the time when work done under 
the authority of this act is actually begun in front of any 
property affected thereby, or from the time of the injury to 
any property; and judgment shall be entered upon the verdict 
of such jury, and costs shall be taxed and execution issued in 
favor of the prevailing party as in other civil cases. The 
provisions of sections seventeen to twenty-five, inclusive, Certain pro- 
of chapter forty-eight of the Revised Laws, relating to pro- J r S a p n piy 0f law 
cedure in case of damage to estates in which several parties 
have different or several interests, shall apply to proceedings 
in such cases under this act. The company shall indemnify 
the city against all liability for damages arising out of the 
work herein provided for, upon notice of any claim therefor 
and opportunity to defend against the same. 

Section 9. Whenever any lands or other property of the company may 
company acquired for subway purposes under this act cease se r o C ert ain e tc 
to be needed for such purposes, the company may sell the 
same, and may at any time sell or remove any buildings thereon; 
or it may lease any such lands, buildings or interests in lands 
or other property; and majr sell any surplus materials from 
excavations. The proceeds of such sales and leases, and the 
fair valuation of such lands or other property not sold, as 
agreed upon by the city and the company, or in case of dis- 
agreement as determined by the board, shall be deducted from 
the cost to be paid by the city as hereinafter provided. 

Section 10. The mayor may, and upon the written re- The mayor 
quest of the company shall, order the temporary or perma- ™ y 5 "r the 
nent removal or relocation of any surface tracks other than relocation of 
the tracks of a steam railroad, or of any conduits, pipes, wires, tracks ' etc - 
poles or other property of any person or corporation except 
the city or the company, which the company deems to inter- 
fere with the construction or operation of the subway or sub- 
ways constructed under this act, and at the same time the city 



56 



STAT. 1906, CHAP. 520. 



Proviso. 



Temporary 
locations, etc. 



Company to 
deliver certain 
surplus ma- 
terials to the 
city, etc. 



shall grant new locations for any such structures previously 
having locations. Such order of the mayor, to the extent 
specified therein, shall be deemed a revocation of the former 
right or license to maintain such surface tracks, conduits, 
wires, pipes, poles or other property, and the owner of any 
such structures in public ways or lands shall comply with such 
order without expense to the company. If the owner shall 
fail to comply with such order within a reasonable time to be 
fixed therein, the company may remove such surface tracks, 
conduits, pipes, wires, poles or other property, and may re- 
locate and reconstruct the same, and the cost of such removal, 
relocation and reconstruction shall be repaid to the company 
by the owner: provided, however, that the removal, relocation 
and reconstruction of gas pipes and telephone or electric light- 
ing conduits or cables shall be done by the company, the owner 
paying for any new material required in place of the old, and 
the cost of the work, so far as it forms part of the cost of any 
subway, shall be repaid by the owner to the city upon purchase 
of such subway by the city under section twenty-eight hereof, 
with such interest, if any, as the city may thereby be required 
to pay the company thereon. No such discontinuance, removal 
or relocation shall entitle the owner of the property thus 
affected to any damages on account thereof. The removal 
and relocation of any property of the Commonwealth shall be 
subject to the approval of the public authorities having charge 
thereof, or of the board, and at the expense of the company. 
Any gas or electric lighting company may shut off the gas or 
current from any pipes or wires affected by any action done 
hereunder, when and so far as may be necessary to avoid the 
escape or explosion of gas or other public danger. Tempo- 
rary locations shall be granted, on request of the company, 
for any surface tracks owned or operated by it; and as soon 
as the state of the work permits the company may restore 
the same to the original locations as nearly as may be. The 
company may remove any poles, wires, pipes, conduits, sewers, 
drains or other structures of the city, so far as the work may 
require, on condition that the same shall be replaced at the 
expense of the company in a condition, so far as may be, as 
serviceable as their condition before such removal, using such 
new material as may be necessary, and in such place and 
manner as the duly authorized city officers shall direct or 
approve. 

Section 11. Whenever the company shall make an exca- 
vation in any public way or park or other public lands, it shall 
be upon condition that, if so directed by the mayor, it shall 
deliver such part of the surplus materials taken from such 
excavation as it does not sell, at such point or points in the 
city as he may direct, within two miles from the place of such 
excavation, which materials may be conveyed upon street 
railway tracks on locations then existing or temporary loca- 
tions which the city upon request of the company shall grant 



STAT. 1906, CHAP. 520. 



57 



therefor. The company shall comply with all rules, regula- 
tions and ordinances of the city relating to obstruction or exca- 
vation of any ways or public lands, so far as the same are 
reasonably applicable to the work in the opinion of the board, 
and shall at its own expense restore the surface thereof as 
soon as practicable to a condition as good as its former 
condition. 

Section 12. All subway work done under this act in or 
under any public way in the city shall be conducted, so far as 
practicable, in such manner as to leave such way, or a reason- 
able part thereof, open for travel between the hours of seven 
in the forenoon and six in the afternoon of each secular day, 
except public holidays : 'provided, however, that any such way 
may, if the company deems necessary, be closed to public 
travel for distances not exceeding one third of a mile each along 
the line of construction. 

Section 13. Subject to the approval of the mayor, the 
company may locate subway stations at convenient points, 
with suitable exits and approaches to and from the streets 
and such stations; but exits and approaches, except plat- 
forms and approaches thereto from buildings, shall not be 
located in any street less than sixty feet in width. 

Section 14. The company shall be entitled to written 
notice of the proposed determination by the city, or by any 
officer thereof, of any question arising in the course of the sub- 
way work herein provided for, which it or he is authorized 
by this act to determine, and to confer with the city or such 
officer thereon; and if such determination when made is not 
satisfactory to the company, it may within seven days after 
receiving written notice thereof, to be given after such de- 
termination, apply to the board for a revision thereof, and 
thereupon the board may consider and finally determine such 
question. 

Section 15. Any person or corporation using or authorized 
to use wires along the route of such subway or subways may 
place the same therein, in such manner and upon such terms, 
as to compensation and otherwise, as may be agreed upon 
with the company; except that no contract therefor shall 
extend beyond the period of twenty years from the opening 
for use of the subway to which it relates, or beyond the pur- 
chase thereof by the city as hereinafter provided. 

Section 16. The company shall file with the auditor of 
accounts of the city correct copies of all bills or accounts of the 
cost of construction of the subway or subways herein provided 
for, and also all sums credited, as the work proceeds. 

Section 17. Upon completion of any subway herein pro- 
vided for, and before the same shall be opened for public use, 
it shall be examined by the board, and if it appears that all 
laws relating to its construction have been complied with and 
that the subway is in safe condition for operation the board 
shall give to the company a certificate to that effect, which 



Compliance 
with certain 
rules and regu- 
lations, etc. 



Public ways 
to be kept open 
for travel, etc. 



Proviso. 



Location of 
stations, etc. 
197 Mass. 575, 
577. 



Determina- 
tion of certain 
questions. 
197 Mass. 577, 
579. 



Placing of wires 
in subways. 



Copies of bills, 
etc., to be filed 
with city 
auditor. 



Subways to be 
examined, etc. 



58 



STAT. 1906, CHAP. 520. 



Construction 
of River street 
subway, etc. 



Cambridge 
street subway, 
etc. 



shall be filed in the office of the secretary of the Common- 
wealth; and thereupon the company shall be authorized to 
open such subway for public use. 

Section 18. At any time within four years after the open- 
ing for use of the Main street subway, the company may 
begin construction in the city of a subway or subways to be 
called the River street subway, of sufficient size for two rail- 
way tracks and adapted to the running of elevated railway 
trains and surface cars therein, with suitable appurtenances 
therefor, as defined in section one of this act, from a point in 
the Main street subway at or near the junction of Massachusetts 
avenue, formerly called Main street, and River street or Central 
square; thence to, in and under River street to the northerly 
line of Putnam avenue, or to a point at or near the northerly 
abutment of the Cambridge street bridge, in that part of 
Boston called Brighton, or to any other point between said 
northerly line of Putnam avenue and the northerly abutment 
of said bridge, there to connect with elevated railway or sur- 
face railway tracks, in such manner, not obstructing travel 
in any park or parkway, as the company may determine; and 
when built may maintain and operate the same for the running 
of elevated railway trains and surface cars and other incidental 
uses in connection therewith. 

Section 19. At any time within four years after the open- 
ing for use of the Main street subway, the company may begin 
construction in the city of a like subway or subways, to be 
called the Cambridge street subway, with like appurtenances, 
between a point in Cambridge street in the vicinity of Lech- 
mere square, or in Bridge street, or in or easterly of Lechmere 
square, or in private lands adjacent or near to such streets or 
square, convenient for connection by a suitable incline between 
such subway and the elevated railway which the company may 
construct upon the location described in section twenty-one 
of this act, in and under such private lands, Bridge street, 
Lechmere square, Cambridge street, Peabody street, and any 
intervening ways or lands, and Harvard square; and may also 
begin construction of a like subway, to be called the Webster 
avenue subway, with like appurtenances, from Cambridge 
street in and under Webster avenue to a suitable connection 
with elevated railway or surface railway tracks in Cambridge 
or Somerville, at or as near as practicable to the line between 
said cities ; and when built may maintain and operate the same 
for the running of elevated railway trains and surface cars 
and other incidental uses in connection therewith. The city, 
at the request and expense of the company, shall widen such 
part of Cambridge street or Bridge street, or both, to such 
extent as the company may deem necessary to permit the con- 
struction of the subway or open cut therein, or to permit suit- 
able connection between the company's elevated railway 
structure and surface railway tracks in such streets and square. 
The space available for public surface travel in such streets 



STAT. 1906, CHAP. 520. 59 

and square shall not be diminished so far as to interfere sub- 
stantially with such travel. All expenses of any street widen- 
ing required to obviate such interference shall be borne by the 
company. Said cities or either of them may, and at the request 
and expense of the company shall, widen Webster avenue, so 
far as the company may deem necessary for the work herein 
provided for. If the company shall not have begun to con- 
struct the Cambridge street subway within four years after 
the opening for use of the Main street subway, the city shall 
have the right, and is hereby authorized, to construct the same, 
provided it begins such construction within one year after 
the expiration of such four years. If the city constructs 
such subway, it shall have the same rights therein as in case 
of purchase thereof under this act. Nothing in this act shall 
be deemed to require the company to construct the River 
street, Cambridge street or Webster avenue subways or either 
of them, but the construction of the River street and Webster 
avenue subways, if built, shall be completed within two years, 
and of the Cambridge street subway, if built by the company, 
within four years, after the beginning of the construction thereof. 

Section 20. Any and all of such subways shall be con- Terms, 
structed upon and under the same terms, conditions and pro- S?rwh?ch tc " 
visions, except as to time of construction, and with the same subways may 

• i . i • «i • ,i . .. • , be constructed. 

rights, powers and privileges m the construction, mainte- 
nance and operation thereof, which rights, powers and privi- 
leges are hereby conferred for such purpose, and shall be held 
by the company by and upon the same tenure and with the 
same rights, privileges and immunities as are herein provided 
for and concerning the Main street subway, and subject to 
the right of purchase by the city as hereinafter conferred. 

Section 21. Within six months after its acceptance of Elevated 
this act the company shall apply for an elevated railway route S cSSge 
in the cities of Cambridge and Boston, over its locations here- and Boston, 
tofore granted or locations hereby granted, between a point etc " 
in or easterly of Lechmere square, in Cambridge, thence in and 
over said square and Bridge street, or private lands adjacent 
or near thereto, and over that part of the lands owned or 
leased by the Boston and Maine Railroad contiguous to Bridge 
street and over Prison Point street : provided, however, that the Proviso, 
elevated railway approaching and over such railroad lands 
shall be so constructed as to afford clear head-room of not less 
than fourteen feet; thence to and over the approaches to, if 
necessary, and the down-stream slope and the waterway of the 
new Charles river dam now under construction in place of the 
old Craigie bridge, such location over the dam and its approaches 
to be a substitute for, and to be held by the same tenure as, 
the location on the bridge under chapter five hundred and forty- 
eight of the acts of the year eighteen hundred and ninety- 
four, to and over the approaches to such dam in Boston, if 
necessary, thence by locations existing in Leverett street, 
Brighton street, Lowell street and Causeway street under the 



60 



STAT. 1906, CHAP. 520. 



Limit of time 
for beginning 
construction, 
etc. 



Connections. 



The Charles 
river basin 
commission to 
approve design 
for elevated 
structure, etc. 



provisions of chapter five hundred and forty-eight of the acts 
of the year eighteen hundred and ninety-four and chapter 
five hundred of the acts of the year eighteen hundred and ninety- 
seven to such point in Causeway street as shall be, in the 
opinion of the board, suitable for connection with the existing 
subway and any additions thereto, and with the Washington 
street tunnel now under construction, and with its existing 
elevated lines, or, for the purpose of avoiding sharp or unsuit- 
able curves, in and over such other intervening public or 
private ways or lands as the mayor and aldermen, under the 
power to vary or alter locations conferred by said chapter 
five hundred and forty-eight, or the board, may approve; 
thence, by such connections as shall be approved by the board, 
to said subway or additions and said Washington street tun- 
nel and said existing elevated lines; or, as an alternative to 
that part of the route between the dam or its approaches and 
Brighton street or Leverett street, to and over that part of 
the lands owned or leased by said railroad corporation in Boston 
contiguous to Leverett street, there providing for the same 
head-room as aforesaid. Nothing in this act shall be deemed 
to authorize an elevated railway in any part of Leverett street 
between Brighton and Causeway streets. The company shall 
begin construction of its elevated railway upon and over such 
route within six months, and shall complete the same within 
three and one half years, after it is authorized to begin con- 
struction thereof. The company is hereby authorized to make 
connection by a suitable incline between its elevated railway 
structure and surface railway tracks in Cambridge street, 
in the vicinity of Lechmere square, Bridge street, or in or 
easterly of Lechmere square, in Cambridge, or in and upon 
private lands adjacent or near to such streets and square, 
which the company may take or purchase for such purpose, 
which may also be used, so far as the same are available, for 
purposes of the subway provided for in section nineteen of 
this act, if built. The design of so much of the elevated rail- 
way structure as passes over the down-stream slope of the 
new dam, in respect of its architectural features, shall be 
submitted to the Charles river basin commission for its approval, 
subject to an appeal by the company to the board, which shall 
finally determine the question. The method of attachment 
of the elevated railway structure to the dam shall be subject 
to approval by said commission. The procedure prescribed 
by section thirteen of said chapter five hundred in respect of 
the application for and approval of the route shall apply, so 
far as such approval is required, to the routes designated in 
this section and in section twenty-three of this act. In the 
construction, maintenance and operation of the elevated rail- 
ways provided for by this section and by said section twenty- 
three the company shall have the rights, powers and privileges 
and be subject to the duties, restrictions and liabilities pre- 
scribed in respect of its elevated lines and structures by sec- 



STAT. 1906, CHAP. 520. 



61 



tions three, seven to nine inclusive, eleven, twelve, fifteen 
and eighteen of said chapter five hundred and forty-eight, 
and sections one, two, six, eight to ten inclusive, twenty and 
twenty-one of said chapter five hundred; and such railways 
when constructed, and their locations, shall be held by the 
company by and upon the tenure prescribed in the first clause 
of section nineteen of said chapter five hundred, ending with 
the words " Public Statutes," and with the same rights, privi- 
leges and immunities therein as are provided in either of said 
acts in respect of its elevated lines or structures. The con- 
struction of any elevated railway upon any location mentioned 
in this section or in said section twenty-three shall not be taken 
to extend the time within which the company may construct 
elevated railways upon any other locations, but its other loca- 
tions shall continue to be held by the company by and upon 
the tenure prescribed by said section nineteen of said chapter 
five hundred, subject however to the provisions of section 
thirty of this act. 

Section 22. The location and construction of the elevated 
railway structure near to and over the railroad lands con- 
tiguous to Bridge and Leverett streets, as above provided, 
shall be such as the company and said railroad corporation 
may agree upon, or in case of difference as the board may 
determine; but no lands now owned or leased by the Boston 
and Maine Railroad shall be taken for the purposes of this 
act, or used except as herein expressly provided; and any 
damage sustained by reason of such use shall be estimated and 
recovered in the manner provided by section seven of chapter 
five hundred of the acts of the year eighteen hundred and ninety- 
seven. Upon any application to the # mayor and aldermen 
for the approval of a route, or a location for any elevated rail- 
way structure, tracks or stations in that part of Causeway 
street opposite the railroad stations now owned or leased by 
the Boston and Maine Railroad, or in the vicinity of the 
railroad lands situated on Lowell or Brighton streets, the 
mayor and aldermen shall give public notice and a hearing, 
and in any and all proceedings before the mayor and aldermen 
or the board for the approval of a route, or a location for any 
elevated structure, tracks or stations in or near to the parts 
of Causeway, Lowell or Brighton streets, above designated, 
said railroad corporation shall be deemed a party in interest 
entitled to be heard. Said railroad corporation may apply 
to the board for a revision of any action of the mayor and 
aldermen in the nature of an approval of any such route or 
location within thirty days after the date thereof; and in case 
any such application is made to the board by said railroad 
corporation, or in case any application authorized by law is 
made by the company to the board for the approval of a route 
or location which the mayor and aldermen have refused or 
failed to approve, the board, having in view all public interests, 
shall, after public notice and hearing, finally fix and determine 
such route or location. 



1897, 500, 

Sect. 19, 

to govern the 

holding of 

certain 

locations. 



Location and 
construction of 
elevated 
structure 
contiguous to 
Bridge and 
Leverett 
streets, etc. 



62 



STAT. 1906, CHAP. 520. 



1897, 500, Sect. 
15, amended. 
203 Mass. 153. 
See 1908 files 
Supreme Jud. 
Ct., Suffolk 
County, No. 
13049 Eq. 



Routes over 
which new 
subway may be 
constructed, 
etc. 



Commission to 
determine 
which route 
shall be 
constructed, 
etc. 



Section 23. Section fifteen of chapter five hundred of the 
acts of the year eighteen hundred and ninety-seven is hereby 
so far amended, that the company shall not erect any elevated 
structure upon its elevated railway location over the new 
Cambridge bridge, except so far as may be necessary or con- 
venient to make a suitable connection at the easterly terminus 
thereof with its elevated railway structure, if any, on the 
location hereinafter described, and its tenure thereof or other 
rights shall not be impaired by omission so to do; nor shall 
it be required to apply for the elevated railway route between 
Boston and Cambridge, described in said section fifteen, 
within six months after the time when such bridge is finished, 
nor to construct its elevated railway thereon ; but in lieu thereof 
it is hereby authorized and required to construct and com- 
plete its elevated railway, within the time allowed for comple- 
tion of the Main street subway herein provided for, upon and 
over one of the routes in the city of Boston here designated, 
namely: (1) between Scollay square and North Russell street, 
or the westerly terminus of the subway authorized by section 
five of said chapter five hundred if extended nearer to Charles 
river than said street, in and through such subway if built, 
and thence, if such subway is not extended to such new bridge, 
upon and over its location granted by chapter five hundred 
and forty-eight of the acts of the year eighteen hundred and 
ninety-four, in and through Cambridge street and Charles 
street and in and over any intervening public or private ways 
or lands to such new bridge; or, (2) between the Park street 
subway station and a point between Pinckney and Cambridge 
streets or in Cambridge street or at or near such new bridge, in 
and through a tunnel for two railway tracks adapted to the 
use of elevated railway trains and surface cars, with suitable 
appurtenances and terminals, which the Boston transit com- 
mission is hereby authorized to construct, upon the request 
of the company as hereinafter provided, upon such route as 
the commission may determine, in and under any public or 
private ways or lands between such points; and thence if such 
tunnel is not extended to such new bridge, upon and over a 
location hereby granted in, through and over such street or 
streets or other public or private lands as the company may 
deem suitable for such route, to such new bridge, or to Cam- 
bridge street and thence over the location (1) aforesaid to such 
new bridge; and, from the westerly terminus of either route, 
upon its location across such new bridge and in Main street 
in Cambridge to a connection with the Main street subway. 

Within six months after its acceptance of this act the com- 
pany shall request the commission to construct such subway 
or such tunnel, and the commission shall thereupon determine 
which of such structures shall be constructed, and shall give 
the company written notice of such determination; and if the 
company is dissatisfied therewith, it may within thirty days 
after such notice apply to the board for a revision thereof, 
and thereupon the board may consider and finally determine 



STAT. 1906, CHAP. 520. 



63 



the question; and the commission shall proceed, as soon as 
may be, with the work of construction. 

If the subway hereinabove referred to is constructed, it 
shall be constructed, except as otherwise expressly provided 
herein, in the manner and under the terms and conditions 
prescribed by said section five of said chapter five hundred. 

If the tunnel hereinabove described is constructed, it shall, 
except as otherwise expressly provided herein, be constructed 
and paid for upon and under the same terms, conditions and 
provisions, so far as the same are applicable, and with the 
same rights, powers and privileges in respect of the construc- 
tion thereof, which rights, powers and privileges are hereby 
conferred for such purpose upon the commission, the board, 
the city of Boston and its treasurer, the company, and other 
public officers or parties in interest respectively, including 
any persons sustaining damages by the taking of or injury 
to property by the commission under authority hereof, as are 
prescribed by chapter five hundred and thirty-four of the acts 
of the year nineteen hundred and two for construction of the 
tunnel therein provided for; including the rights and powers 
conferred by section thirteen of said act, which section shall 
also apply to the location of the tunnel and to the construction 
of the subway referred to in this section if that is constructed. 

If the construction of the subway or tunnel upon the route 
determined upon requires such a permanent cut in any street 
as to necessitate the widening thereof, or if the construction 
in connection with the subway or tunnel of an incline from the 
elevated railway structure to the surface in any street necessi- 
tates the widening thereof, the commission may take or pur- 
chase lands for such necessary widening, which shall not exceed 
thirty feet on each side nor extend less than thirty nor more 
than one hundred feet beyond the ends of such open cut or 
incline, and may construct a highway thereon; and the cost 
thereof, including all compensation or damages for property 
taken or purchased therefor, shall be repaid by the company 
to the city of Boston, with interest at four per cent, per annum 
from the time of expenditure to the time of repayment. 

Any tunnel construction under or within one hundred feet 
from Boston common shall be, so far as practicable, water- 
tight, and the work shall so be done as to avoid the draining of 
moisture from the surrounding soil or other injury to trees. 
No additional structures shall be placed above the surface of 
the common, but in connection with the construction of the 
tunnel the commission may enlarge, by not more than one third, 
the width of the existing entrances to and exits from the Park 
street subway station, and the cost thereof shall be deemed and 
treated as part of the cost of the tunnel. 

Upon or before completion of the work the commission shall 
execute with the company, in the name of the city of Boston, 
a contract for the sole and exclusive use of the subway or tunnel 
and its appurtenances and terminals by the company, for the 



1897, 500, Sect. 
5, to govern, 
etc. 



Terms of 
payment for 
construction, 
etc. 



Commission 
may take, etc., 
lands, for 
widening ways, 
etc. 



Tunnel 

construction, 

etc. 



Company may 
contract for 
exclusive use 
of subway, etc. 



64 



STAT. 1906, CHAP. 520. 



running of its elevated trains and surface cars therein and for 
other purposes, for a term of not less than twenty years from 
its opening for use, at an annual rental equal to four and seven 
eighths per cent, of its net cost, including therein interest at 
four per cent, per annum on the debt incurred in construction 
prior to the beginning of the use, and containing in substance 
the additional car tolls compensation clause, and the provisions 
relating to the city's police and fire-alarm wires and apparatus, 
of the subway lease dated December seventh, eighteen hundred 
and ninety-six, and such other provisions and conditions, 
following the form of the lease of the Washington street tunnel 
dated September twenty-fifth, nineteen hundred and two, 
so far as the same are applicable, as the commission and the 
company may agree upon, or in case of difference as the board 
may determine. 
issue of capital Section 24. The company may from time to time, subject 
etc? k ° r bonds ' to the approval of the board, in the manner and subject to the 
requirements prescribed by law, issue and dispose of such 
additional amounts of its capital stock or bonds, or of either 
at its option, as may be necessary to meet and pay the cost 
of construction, connection and equipment for use and opera- 
tion of the subway or subways and elevated railways which it 
is authorized by this act to construct, and their appurtenances 
and terminals, the cost of acquisition of any land or lands, 
and all other expenditures made or incurred by the company 
under authority of this act. If either of the subways herein 
authorized is acquired by the city as herein provided, the amount 
received by the company therefor shall be applied, with the 
approval of the board given after public hearing, to the pur- 
chase or payment and cancellation of obligations of the com- 
pany; or with like approval to the purchase and cancellation of 
shares or other reduction of its capital stock, or with like 
approval to any purposes for which said board might approve 
the issue of new capital stock or bonds. 

Section 25. The provisions of the compensation clause 
of section ten of chapter five hundred of the acts of the year 
eighteen hundred and ninety-seven, shall include the additional 
track mileage of the company constructed under this act, 
for the purpose of the distribution of the tax thereby imposed. 
Section 26. The subway or subways constructed by 
parTofellvated the company under this act with their appurtenances and 
railway, etc. equipment, shall be, and be considered, for the purposes 
of regulation by the board and for the purposes of section 
four of chapter five hundred and forty-eight of the acts of 
the year eighteen hundred and ninety-four as now amended, 
a part of the elevated railway of the company. No taxes or 
excises not in fact imposed upon street railways at the time of 
the passage of chapter five hundred of the acts of the year 
eighteen hundred and ninety-seven, nor any other burden, 
duty or obligation which is not at the same time imposed by 
general law on all street railway companies, shall be imposed 



Additional 
track mileage, 
etc. 



Subways to 



STAT. 1906, CHAP. 520. 



65 



Rights, 
privileges, etc. 



upon or in respect of such subway or subways or their appur- 
tenances or equipment during the period of twenty-five years 
after the passage of said chapter five hundred: provided, Proviso 
however, that the company shall continue to be annually as- 
sessed and to pay taxes then or thereafter imposed by general 
law in the same manner as though it were a street railway 
company, as provided in section ten of said act, and to pay the 
compensation tax imposed by said section ten; and such sub- 
way or subways and their appurtenances, equipment and loca- 
tions and the right to maintain the same shall be held by the 
company by and upon the same tenure and with the same 
rights, privileges and immunities therein as are provided in 
respect of its elevated lines and structures by said chapter 
five hundred, and shall never be taken or purchased from the 
company, unless by its consent, except in the manner and on 
the terms prescribed in sections six and seven of chapter one 
hundred and eleven of the Revised Laws, or under the right 
of purchase conferred upon the city by section twenty-eight 
of this act. 

Section 27. In respect to the equipment, use and opera- 
tion of the railways to be constructed in such subway or sub- 
ways, and transportation thereon, the company shall have all 
the rights, privileges and immunities and be subject to all the 
duties, liabilities and restrictions set forth in general or special 
laws now in force applicable to it, or in laws hereafter enacted 
applicable to it so far as the same do not impair its rights, 
privileges or immunities, acquired under any statute or other- 
wise. 

Section 28. At any time after the expiration of twenty 
years from the opening for use of the Main street subway, or 
at any earlier time by agreement with the company, and upon 
the payment to it by the city of such an amount as will re- 
imburse the company the original cost of the Main street 
subway and the River street subway, if the latter is then 
built or begun, and their appurtenances and equipment, which 
shall not include rolling stock, together with the cost of all 
additions or alterations lawfully made thereto or therein, with 
simple interest at seven per cent, per year on the cost paid in 
by its stockholders, to be computed from the time of such 
payment by the stockholders (but not prior to the opening for 
use) , to the time of the purchase, in addition to interest at three 
and one fourth per cent, per year on all sums expended in 
construction from the time of their expenditure to the time of 
the opening for use, deducting, however, from such interest 
any and all dividends declared and paid after such opening 
for use upon any stock issued therefor, but without interest 
on such dividends, and also deducting from the purchase price 
such other amounts accruing from property acquired for such 
two subways as are provided for by section nine of this act, the 
title to such two subways and their appurtenances and equip- 
ment as aforesaid and additions thereto, and all rights and 



City may 
purchase 
property, etc. 



66 



STAT. 1906, CHAP. 620. 



Proviso. 



Cambridge 
Subway Loan. 



Certain 
locations 
revoked upon 
acceptance of 
this act, etc. 



interests therein, shall vest exclusively in the city. This right 
of purchase of the city shall be in addition to the right of the 
commonwealth under sections six and seven of chapter one 
hundred and eleven of the Revised Laws, but shall not other- 
wise affect any rights of the commonwealth. Upon such pur- 
chase the city shall have, hold and enjoy in its private or 
proprietary capacity, as its own property, the subway or 
subways and their appurtenances and additions so acquired, 
and all rents, tolls, income and profits derived therefrom, and 
the same shall never be taken by the commonwealth except 
upon pajmient of just compensation therefor: provided, how- 
ever, that so much of such rents, tolls, income and profits as 
may be necessary therefor shall be paid into the respective 
sinking funds for the redemption of any bonds which shall be 
issued by the city for such purchase and shall be used for the 
payment of interest thereon. At any time after the expiration 
of twenty years from the opening for use of the Main street 
subway, or at any earlier time by agreement with the com- 
pany, the city may purchase the Cambridge street subway, if 
then built or begun, and the Webster avenue subway, if then 
built or begun, and their appurtenances and equipment as 
aforesaid, and shall purchase both if either, upon the same 
terms, conditions and provisions and with the same effect 
as is hereinabove provided for and concerning its purchase of 
the Main street subway. 

Section 29. For the purpose of meeting the requirements 
of sections nineteen and twenty-eight of this act, the city may 
issue from time to time notes, bonds or scrip, in excess of the 
tax limit prescribed by law, designated on the face thereof 
Cambridge Subway Loan, to an amount not exceeding the sums 
required under this act, and shall use the proceeds of the same 
for such purpose. 

Section 30. Upon acceptance of this act by the company, 
the elevated railway locations within the city of Cambridge 
granted to the company by chapter five hundred and forty- 
eight of the acts of the year eighteen hundred and ninety- 
four and chapter five hundred of the acts of the year eighteen 
hundred and ninety-seven, shall be revoked, except the loca- 
tions following, which shall not be revocable, except as pro- 
vided in the first clause of section nineteen of said chapter 
five hundred, ending with the words "Public Statutes," so 
long as the company has the right under the provisions of this 
act to complete the respective subways in Cambridge connecting 
therewith, namely : — its location from the Cambridge line upon 
and over the new Cambridge bridge and its approaches and 
Main street, to the most westerly point at which the Main 
street subway may terminate at its easterly end under the 
provisions of section one hereof; its location from the Cam- 
bridge line upon and over Cambridge street bridge or a new 
bridge and River street, to the most northeasterly point at which 
the River street subway may terminate at its southwesterly 



STAT. 1906, CHAP. 620. 67 

end under the provisions of section eighteen hereof; its location 
from the Cambridge line upon and over the downstream slope 
and waterway of the new Charles river dam and its approaches 
and thence westerly over the route described in section twenty- 
one of this act to the most westerly point at which the Cam- 
bridge street subway may terminate at its easterly end under 
the provisions of section nineteen of this act, which shall be 
deemed a substitute for the corresponding location granted by 
said chapter five hundred and forty-eight; and its location 
upon and over Webster avenue from the Cambridge line to the 
most southerly point at which the Webster avenue subway 
may terminate at its northerly end under the provisions of 
said section nineteen. The locations so revoked shall be of 
no further force or effect, and the company shall not without 
further legislative authority construct any elevated railway 
upon or over the same nor be subject to any penalty or for- 
feiture for omission so to do. So long as the right exists to 
complete the construction of the elevated railway upon the 
locations described in sections twenty-one and twenty-three, 
no part thereof shall be revocable, except as above provided 
in this section. 

Section 31. The supreme judicial or superior court, upon Enforcement 
application of the cities of Cambridge or Boston, the company, ° f f provisions 
or any other party in interest, may enforce or prevent viola- 197 Mass. 576. 
tion of the provisions of this act, by any appropriate process. 

Section 32. This act shall take effect upon its acceptance when to ta k e 
by the mayor and board of aldermen of the city within one effect - etc - 
month, and by the company, by vote of its board of directors 
and return thereof thereafter and within two months, after its 
passage. If so accepted, the company shall complete the work 
of construction of the Main street subway within four years 
after the final approval of the original plan required by section 
three. If the construction of any subway herein provided for, 
or the construction of the elevated railway, as provided in 
sections twenty-one and twenty-three hereof, is delayed by 
litigation, unforeseen casualty or other cause, the company 
may apply to the board for extension of the time therefor, and 
the board, upon notice to the city of Cambridge, or the city 
of Boston, or both if deemed necessary, and upon hearing and 
proof that such litigation was not collusive, or that such casu- 
alty or other cause was not due to the fault of the company, 
may determine what extension of the time may reasonably be 
allowed for completion of the subway or railway, or both, and 
such further time shall thereupon be allowed therefor. [Ap- 
proved June 23, 1906.] 

The foregoing act was accepted by the city of Cambridge on 
June 26, 1906, and acceptance was filed June 28, 1906. It was 
accepted by the Company on June 29, 1906, and acceptance 
was filed on July 10, 1906. 



68 



STAT. 1907, CHAP. 258. 



1902,534, §6, 
amended. 



Public ways 
may be used, 
land taken, 
etc. 



Stat. 1907, Chap. 258. 

An Act to increase the Authority of the Boston Tran- 
sit Commission to take by Eminent Domain Easements 
or Other Estates or Rights in Real Estate. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter five hundred and thirty- 
four of the acts of the year nineteen hundred and two, being 
"An Act to provide for the construction of additional tunnels 
and subways in the city of Boston," is hereby amended by 
inserting after the word "horizontal," in the fourteenth line, 
the words: — or inclined, — and by inserting after the word 
"division," in the fifteenth line, the words: — or by other sur- 
faces, — so as to read as follows: — Section 6. The commis- 
sion may for the purposes of this act use public ways and lands 
without compensation therefor, and may take for the city, by 
purchase or otherwise, lands in fee and easements, estates, 
and rights in land, including the right to go under the surface 
thereof or through or under buildings or parts of buildings 
thereon, and such takings in fee or otherwise may be made 
whether the lands taken or otherwise affected are held under or 
by title derived under eminent domain or otherwise. A taking 
under this section of an easement or other estate or right in a 
given parcel of real estate, whether such parcel consists of un- 
improved land or of land and buildings, may be confined to a 
portion or section of such parcel fixed by horizontal or inclined 
planes of division or by other surfaces below or above or at the 
surface of the soil, and in such case no taking need be made of 
upper or lower portions or sections, except of such easements 
therein, if any, as the commission may deem necessary. The 
commission, to make any taking by right of eminent domain, 
shall cause to be recorded in the registry of deeds for the county 
of Suffolk a description of the lands, easements, estates or 
rights to be taken, as certain as is required in a common con- 
veyance of land, with the statement that the same are taken 
under authority of this act, which description and statement 
shall be signed by the commission; and the lands, easements, 
estates or rights therein described shall upon such recording 
be taken for and shall vest in the city. The commission shall, 
so far as may be practicable, notify all known owners of such 
takings, but the validity thereof shall not be affected by want 
of such notice. 

Section 2. This act shall take effect upon its passage. 
[Approved March 29, 1907.] 



STAT. 1907, CHAP. 277. 69 



Stat. 1907, Chap. 277. 

An Act Relative to Claims against the Boston Elevated 
Railway Company for Damages to Property. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and fifty- 1900, 258, 
eight of the acts of the year nineteen hundred is hereby amended tended. 
by adding at the end thereof the following: — provided, further, 
that the construction, addition or alteration by the Boston Claims for 
Elevated Railway Company of branches, spurs, sidings, turn- agaXthe 
outs, connections, deflections, switches, extensions and loops, §° s *°? d 
as provided for in section seven of chapter five hundred and Railway 
forty-eight of the acts of the year eighteen hundred and ninety- Com P an y- etc - 
four, and the location, construction, maintenance, operation, 
addition to and modification or change of stations, as provided 
for in section ten of said chapter five hundred and forty-eight, 
as amended by chapter five hundred of the acts of the year 
eighteen hundred and ninety-seven, if such branches, additions 
or other structures were not contained in the original plans 
heretofore confirmed by the board of railroad commissioners, 
under which plans its elevated railway has been constructed, 
shall be deemed an additional servitude and shall entitle lessees, 
mortgagees and other parties having an estate in any public 
or private way or in any premises which abut thereon, and 
who are damaged by reason of such branches, additions or 
other structures, or changes or modifications, to recover reason- 
able compensation therefor. Any person so damaged may at 
any time within three years after the completion of the con- 
struction of such branches, additions or other structures, or 
changes or modifications, in front of his premises, file in the 
clerk's office of the superior court for the county where his said 
premises lie a petition setting forth his claim, and the amount 
thereof, against the Boston Elevated Railway Company. 
The provisions of sections eight and nine of chapter five hun- 
dred and forty-eight of the acts of the year eighteen hundred Certain 
and ninety-four, and of sections seventeen to twenty-five, FawTogovem 
inclusive, and section one hundred and fourteen of chapter proceedings, 
forty-eight of the Revised Laws relating to procedure in case of 
damages to estates in which several parties have different or 
several interests, so far as not inconsistent herewith, shall 
govern proceedings taken under this act. 

Section 2. This act shall take effect upon its passage. 
[Approved April 6, 1907.} 



70 



STAT. 1907, CHAP. 497. 



Construction 
of lines of ele- 
vated railway 
through the 
cities of 
Everett and 
Maiden. 
199 Mass. 139 



Construction 
may be near or 
upon the sur- 
face of the 
ground, etc. 
Proviso. 



May construct 
railway across 
streets or ways, 
etc. 



Stat. 1907, Chap. 497. 

An Act to authorize the Boston Elevated Railway Com- 
pany TO CONSTRUCT AN ELEVATED RAILWAY FROM SUL- 

livan Square in the City of Boston through the 
Cities of Everett and Malden. 

Be it enacted, etc., as follows: 

Section 1. The Boston Elevated Railway Company, 
hereinafter called the company, which term shall be deemed to 
include its successors and assigns, may construct lines of ele- 
vated railway, according to such plans or systems as the board 
of railroad commissioners, hereinafter called the board, may 
approve, to be operated by electricity or other motive power 
except steam, upon the following location, and may equip, 
maintain and operate engines, motors, trains and cars thereon, 
to wit: — Beginning at a point in Main street, in Alford street 
or in land of the company near the existing Sullivan Square 
terminal station, in that part of Boston formerly called Charles- 
town; thence through or across public or private ways or 
lands between Alford street and the tracks of the western 
division of the Boston and Maine Railroad, or through or across 
Main and Alford streets, or in part through or over the south- 
westerly corner of Charlestown playground and within and not 
more than fifty feet distant from the intersection of the north- 
easterly side of Main street with the southeasterly side of 
Alford street, and through or across either of said streets, to 
Mystic river; thence through Alford street and over Maiden 
bridge and through or across Alford street, through or across 
Broadway to a point opposite Mystic street, and through or 
across public or private ways or lands in Boston and Everett 
between Alford street in Boston and the westerly line of Broad- 
way and Main street on the east and the Maiden river on the 
west; or over Mystic river and through or across public or 
private ways or lands in Boston and Everett between Alford, 
Broadway and Main street on the east and Maiden river on the 
west, to the Maiden line; thence through or across public or 
private ways or lands between the westerly line of Main street 
in Maiden and the tracks of the western division of the Boston 
and Maine Railroad, to such point or points in Maiden, south- 
erly of Pleasant street, as may be convenient for terminals. 

Upon private lands, the said elevated railway may be con- 
structed, so far as the company may deem necessary or desir- 
able, near or upon the surface of the ground, with the approval 
of the board: provided, however, that no public street shall be 
crossed at grade. 

The company may construct such terminals, branches, 
spurs, sidings, turn-outs, connections, deflections, switches, 
extensions and other structures, and such loop lines, in con- 



STAT. 1907, CHAP. 497. 



71 



nection with and within the location herein granted, through 
or across such streets or ways, or private lands, as may be neces- 
sary or convenient to turn its trains or to reverse the direction 
thereof, or to make connections with surface car lines, or for 
other purposes authorized by this act or by its charter, and 
may make such convenient changes, extensions and relocations 
of surface lines owned or controlled by the company, by ele- 
vated structure or otherwise, over public or private ways or 
lands, as may be approved by the board; all of which, with 
the stations, are hereinafter called appurtenances. 

It may locate and construct stations at convenient points, 
with suitable exits and approaches to and from the streets and 
stations, but the same, excepting platforms and approaches 
thereto from buildings, shall not be located in any public way 
or place unless such location is approved by the mayor and 
aldermen or by the board. Before constructing its railroad 
upon any route granted to it, and before constructing any 
station in any public way or place, the company shall prepare 
and file with the mayor of the city in which the route or 
station is located plans showing the form and method of con- 
struction proposed, for his examination and approval as to 
architectural appearance and obstruction to light and air; and 
he shall approve or disapprove the same in writing; and if the 
plans are disapproved by him the company may appeal to the 
board, who shall decide the matter. 

Section 2. The company may lease, purchase or take the 
fee of public or private lands, except lands of the Common- 
wealth and of the Boston and Maine Railroad, for the purpose 
of constructing its railway or terminals, buildings, shops, sta- 
tions, engine and car houses, and connections with surface 
railways, and for any purpose necessary for the construction 
or convenient use by the company or the public of its said rail- 
way, and for any purpose authorized by this act or by its 
charter. To make any taking by right of eminent domain, 
the company shall cause to be recorded in the registry of deeds 
for the county in which the land is situated a description of the 
land taken, as certain as is required in a common conveyance 
of land, with a statement that the same is taken under au- 
thority of this act, signed by a majority of its directors, and the 
land so described shall, upon such recording, be taken. The 
company shall at the same time give notice of such taking to 
the owner of the land taken, if known, but want of such notice 
shall not affect the validity of the taking, nor extend the time 
for proceedings for damages. 

The company shall pay all damages occasioned by the taking 
of such land, and may agree with any owner of such land upon 
the amount to be paid as compensation or damages therefor, 
and if the parties do not agree, the same may be determined 
by a jury in the superior court for the county in which the 
land is situated, on petition of the owner or the company filed 
in the clerk's office before the expiration of two years from the 



Location of 
stations, etc. 



May lease, 
purchase or 
take the fee of 
public or 
private lands, 
etc. 



Description of 
land taken to 
be recorded. 



Damages. 



72 



STAT. 1907, CHAP. 497. 



Proceeding 
in cases where 
the route 
crosses the 
location of a 
railroad 
company, etc. 



Application 
for a location 
to be approved, 
etc. 



Rights, etc., of 
the company, 
etc. 



recording of the taking, and judgment shall be entered upon the 
verdict of the jury, and costs shall be taxed and execution issued 
in favor of the prevailing party as in other civil cases. The 
provisions of sections seventeen to twenty-five, inclusive, and 
of section one hundred and fourteen of chapter forty-eight 
of the Revised Laws relating to procedure in case of damage to 
estates in which several parties have different or several inter- 
ests, shall apply to proceedings in such cases under this act. 

The company shall indemnify the cities against all liability 
for damages arising out of the work herein provided for, upon 
notice of any claim therefor and opportunity to defend against 
the same. 

Section 3. Wherever the route upon which the company 
is authorized to construct and operate its elevated railway 
crosses the location of tracks of any railroad company, or the 
land of the Commonwealth, or tide waters, the crossing shall 
be made in such manner, and the method of construction shall 
be such as may be agreed upon between the directors of such 
railroad company or the public board or officer having general 
control of such land or waters and the directors of the com- 
pany, and if the parties are unable to agree as to the manner 
of crossing or method of construction at such point, the same 
shall be determined by the board, upon application of either 
party; and in case any railroad company or the Common- 
wealth sustains any damage by reason of such crossing, the same 
shall be estimated and recovered in the manner provided in 
section two of this act. 

Section 4. Within one year after its acceptance of this 
act, as hereinafter provided, the company shall apply to the 
board of aldermen of the cities of Boston, Everett and Maiden 
for an elevated railway route over the location herein granted, 
or in and over such other intervening public or private ways or 
lands as the mayor and aldermen may approve. If the route 
so applied for is not approved by the mayor and aldermen 
within sixty days after the application therefor, the company 
shall within thirty days after the expiration of said sixty days 
apply to the board for such approval, and thereupon the board, 
having in view all public interests shall, after public notice and 
hearing finally fix and determine a route. The company 
shall begin construction of its elevated railway over such route 
within six months and shall complete the same within three 
and one half years after it is authorized to begin construction 
thereof. In the construction, maintenance and operation of the 
elevated railway and appurtenances provided for by this act, 
the company shall have the rights, powers and privileges, and 
be subject to the duties, restrictions and liabilities prescribed 
in respect of its elevated lines and structures by sections eight, 
nine, twelve, fifteen and eighteen of chapter five hundred 
and forty-eight of the acts of the year eighteen hundred and 
ninety-four and sections one, six, eight, ten, sixteen and twenty- 
one of chapter five hundred of the acts of the year eighteen 



STAT. 1907, CHAP. 497. 



73 



hundred and ninety-seven, and such railway and appurtenances, 
when constructed, and its location shall be held by the com- 
pany by and upon the tenure prescribed in the first clause of 
section nineteen of said chapter five hundred ending with the 
words " Public Statutes/' and with the same rights, privileges 
and immunities therein as are provided in either of said acts in 
respect of its elevated lines or structures: provided, however, 
that, if by reason of the construction of said elevated structure, 
it becomes necessary to reconstruct the bridge on Alford street, 
called Maiden bridge, the city of Boston shall not be liable for 
any part of the expense therefor. 

Section 5. The company may from time to time in the 
manner and subject to the requirements prescribed by law, 
issue and dispose of such amounts of its capital stock or bonds, 
or of either at its option, in addition to amounts heretofore 
authorized, as may be necessary to meet and pay the cost 
of construction, connection and equipment for use and opera- 
tion of the railway which it is authorized by this act to con- 
struct, and its appurtenances, and the cost of acquisition of 
any land or lands, and all other expenditures made or incurred 
by the company under authority of this act. 

Section 6. This act shall take effect upon its acceptance 
by the board of aldermen, approved by the mayor, of the 
cities of Everett and Maiden, respectively, within one month, 
and by the company by vote of its board of directors and 
return thereof, filed in the office of the secretary of the Com- 
monwealth within two months after its passage. If the con- 
struction of said railway is delayed by litigation, unforeseen 
casualty or other cause, the company may apply to the board 
for extension of the time therefor, and the board, upon notice 
to the cities of Everett and Maiden, and upon hearing and 
proof that such litigation is not collusive or that such casualty 
or other cause was not due to the fault of the company, may 
determine what extension of the time may reasonably be al- 
lowed for the completion of the railway, and such further 
time shall thereupon be allowed therefor. 

Section 7. The owners, lessees, mortgagees, and other 
persons having an estate in any land or premises abutting 
on any land or rights of way over private land acquired by 
the company under the provisions of this act, upon which an 
elevated structure is erected, shall be entitled to reasonable 
compensation for all damage suffered by them by reason of 
the location, construction, maintenance, and operation of said 
railway. Any such person may, at any time within three years 
after the construction of such railway, file in the clerk's office of 
the superior court for the county where his said premises lie 
a petition setting forth his claim against the said corporation. 

He shall give the said corporation fourteen days' notice of 
the filing of such petition, and an answer thereto shall be 
filed by the corporation within thirty days from the return 
day of such notice. Any such petition shall be heard before 



Proviso. 



Capital stock 
or bonds, dis- 
posal of, etc. 



When to take 
effect, etc. 



Compensation 
for damages. 



Notice of filing 
of petition for 
damages, etc. 



74 



STAT. 1907, CHAP. 519. 



Subject to 
certain 
provisions of 
law. 



a jury, if either party claims such right at the time of the 
filing of the petition or within ten days after the filing of the 
answer thereto; otherwise, the same shall be heard before 
a court without a jury. If a verdict shall be rendered for the 
petitioner, interest shall be included from the day of the filing 
of the petition. 

Said corporation shall be subject to the duties and liabilities 
described in section twelve of chapter five hundred and forty- 
eight of the acts of the year eighteen hundred and ninety- 
four, relative to satisfaction of judgments pursuant to findings 
under the provisions hereinbefore set forth. [Approved June 
12, 1907.] 

The foregoing act was accepted by the city of Everett on 
June 24, 1907, which acceptance was filed June 29, 1907; by 
the city of Maiden on July 9, 1907, filed July 10, 1907; and by 
the Company July 11, 1907, filed the same day. 



Location of 
the Boston 
Elevated 
Railway 
Company at 
Forest Hills 
square. 



Rights and 
privileges of 
the company. 



Subject to 
certain terms, 
etc. 



Stat. 1907, Chap. 519. 

An Act Relative to the Location of the Boston Elevated 
Railway Company in Washington Street at and 
near Forest Hills Square in the City of Boston. 

Be it enacted, etc., as follows: 

Section 1. The Boston Elevated Railway Company, here- 
inafter called the company, which term shall be deemed to 
include its successors and assigns, may construct, maintain 
and operate its elevated lines upon the following location 
hereby granted, to wit: — Through Forest Hills square and 
Washington street from its junction with Hyde Park avenue 
to a point at or near where Washington street is crossed by 
the Boston and Providence railroad, now leased to the New 
York, New Haven and Hartford Railroad Company. Said 
location may be used also for reversing the company's trains. 

Section 2. In the construction, maintenance and opera- 
tion of the elevated railway above provided for, the company 
shall have the rights, powers and privileges and be subject 
to the duties, restrictions and liabilities prescribed in respect 
to its elevated lines and structures by sections three, eight, 
nine, eleven, twelve, fifteen and eighteen of chapter five hun- 
dred and forty-eight of the acts of the year eighteen hundred 
and ninety-four, and by sections one, two, six, eight to ten, 
inclusive, twenty and twenty-one of chapter five hundred of 
the acts of the year eighteen hundred and ninety-seven. 

Section 3. The location of or right to maintain an elevated 
line or structure herein granted shall be subject to the terms 
of sections six and seven, Part II, of chapter four hundred and 



STAT. 1907, CHAP. 580. 



75 



sixty-three of the acts of the year nineteen hundred and six, 
and shall further be subject to revocation by the general court, 
if the company shall not have completed the construction of 
its railway thereunder, within two years after the time when 
it was authorized to begin the construction of a railway and 
terminal station. 

Section 4. Nothing in this act shall be construed as affect- j^JJf 11 * 
ing the future location of a permanent terminal station for the station not 
elevated railway in the locality above described. 

Section 5. This act shall take effect upon its passage. 
[Approved June 15, 1907.] 



affected. 



Stat. 1907, Chap. 530. 

An Act to revoke Certain Locations for Lines op Ele- 
vated Railway Granted to the Boston Elevated 
Railway Company in the City of Boston and Vicinity. 

Be it enacted, etc., as follows: 

Section 1. The following locations for lines of elevated Certain 
railway of the Boston Elevated Railway Company, to wit: unesS^ievated 
from City square to and through Warren avenue, to and over JJjJjgJJ 
Warren bridge across Charles river, to and through Beverly 
street, to and through Haymarket square, to and through 
Union street, to and through Dock square, to and through a 
new street to be built by the city, of the width of eighty feet, 
in the line of Congress street, between State street and Dock 
square, to and through Congress street and Post Office square, 
to and through Federal street, to and over Federal street bridge 
or a new bridge across Fort Point channel, to and through 
Dorchester avenue to the Milton line. 

A branch railway through Alford street, to and over Maiden 
bridge, to and through Main street, Everett, to the Maiden 
line. 

A branch railway from Everett square, to and through 
Chelsea and Ferry streets to the Maiden line. 

A branch railway from the junction of Broadway and Main 
street, Everett, to and through Broadway to the Maiden line. 

A branch railway from said City square to and through 
Chelsea street, to and over Chelsea bridge or a new bridge 
across the Mystic river, to and through Broadway, Chelsea, 
to and through Broadway, Revere, to and through Central 
avenue, to and through Beach street to Crescent beach. 

A branch railway from Fenno's Corner, Revere, to and 
through Beach street, to and through Winthrop avenue to 
Beachmont. 

A branch railway from Dorchester avenue to and through 
West Broadway, to and through Dorchester street, to and 



76 STAT. 1907, CHAP. 530. 

through East Second street to City Point at Marine Park. 
Also a branch railway from Dorchester avenue to Sixth street, 
thence to D street, D street to Eighth street, Eighth street to L 
street, L street to Sixth street to City Point and Marine Park. 

A branch railway from Field's Corner through Neponset 
avenue to Neponset bridge. 

From a point on Bow street, in Somerville, near its junction 
on Walnut street, through Bow street, to and through Union 
square, to and through Webster avenue to the Cambridge line. 

From Causeway street through Portland street, to and 
through Merrimac street, to and through Washington street, 
to and through Dock square, to and through Devonshire 
street, to and through Franklin street, to and through Arch 
street, to and through Chauncy street, to and through Harrison 
avenue, to Beach street, to and through Kneeland street, to 
Washington street. 

From Warren street through Dudley street to Blue Hill 
avenue, to and through Blue Hill avenue to Vaughn street. 

Commencing at a point on the southerly side of the approach 
to the Cambridge bridge, through Charles street in Boston, to 
and through Park square, to and through Pleasant street, to 
and through Tremont street, to and through Columbus avenue, 
to and through Centre street to the corner of May street. 

A branch railway from Park square to and through Colum- 
bus avenue, to and over the location of the Boston and Albany 
railroad, or by some other convenient route or way, to and 
through Huntington avenue, to and through Tremont street, 
to and through Washington street in Brookline to Village lane. 

From the Cambridge line over Cambridge street bridge or 
a new bridge over Charles river, Cambridge street in that part 
of Boston called Brighton, to and through Cambridge street in 
said Brighton, to and through Washington street to Oak square. 

From North Russell street through Cambridge street, to 
and through Bowdoin square, to and through Court street, 
to and through Brattle street to Dock square. 

A branch railway from Park square to and through Eliot 
street to Kneeland street. 

From Main street in Charlestown through Essex street and 
Rutherford avenue to Sullivan square, in that part of Boston 
known as Charlestown. 

Commencing at a point on Washington street at or near 
Fay street; thence upon and over private lands, and crossing 
Dover street, Shawmut avenue, Hingham, Middlesex, Emerald, 
Compton, Lucas and Paul streets. From Dudley street upon 
and over Guild row and Roxbury street to Washington street. 

Commencing at the corner of Harrison avenue and Beach 
street, upon and over Harrison avenue to Essex street; and 
thence upon and over Essex street to Cove street. 

Commencing at or near the corner of Motte street and Har- 
rison avenue; thence upon and over Way street, Broadway 
extension and upon and over the existing bridge or a new 



STAT. 1908, CHAP. 388. 



77 



bridge to be built across Fort Point channel to West Broadway, 
in that part of Boston known as South Boston are hereby re- 
voked: provided, however, that this act shall not in any way Proviso, 
affect or impair the company's locations for or rights to main- 
tain elevated lines and structures which shall be completed 
or begun at the time when this act takes effect or which were 
granted to the company by chapter five hundred and thirty- 
four of the acts of the year nineteen hundred and two or by 
chapter five hundred and twenty of the acts of the year nine- 
teen hundred and six, and which have been or may be granted 
by any acts of the year nineteen hundred and seven. 

Section 2. This act shall take effect on the eleventh day when to take 
of June, nineteen hundred and seven. [Approved June 19, 
1907.] 



effect. 



Stat. 1907, Chap. 573. 

An Act to provide for the Construction of an East 
and West Tunnel and Subway in the City of 
Boston. 

By this act, which was accepted by the company on July 
11, 1907, the Boston Transit Commission was authorized to 
construct a tunnel and subway to be known as the Riverbank 
Subway. Some preliminary work was done by the Commission 
under this act, and some bonds, designated on their face 
11 Boston Riverbank Subway Loan," were issued under the 
act by the city. By Sec. 17 the authority to construct a sub- 
way given by Stat. 1902, Ch. 534 was revoked. So much of 
this act as authorized the construction of this subway was re- 
pealed by Stat. 1911, Ch. 741, Sec. 8. 



Stat. 1908, Chap. 388. 

An Act Relative to the Date of Payment by the Boston 
Elevated Railway Company of its Franchise Tax. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter five hundred of the 1897, 500, Sect. 
acts of the year eighteen hundred and ninety-seven is hereby 10 ' amended - 
amended by striking out the word "last," in the forty-first 
line, and inserting in place thereof the word: — tenth, — so as to 
read as follows: — Section 10. Said corporation may establish, May establish 
and take a toll or fare, which shall not exceed the sum of five orfare^tc.* 011 
cents for a single continuous passage in the same general direc- 
tion upon the roads owned, leased or operated by it; and this 
sum shall not be reduced by the legislature during the period 
of twenty-five years, from and after the passage of this act: 
provided, however, that the board of railroad commissioners Proviso, 
may upon the petition of the board of aldermen of a city, select- 



78 



STAT. 1908, CHAP. 888. 



Certain 
burdens, 
obligations, 
etc., not to be 
imposed, etc. 



Proviso. 



Free transfers 
to be provided, 
etc. 



men of a town, or fifty legal voters of a city or town, in which 
any of the lines owned, leased or operated by said corporation 
are located, after due notice and hearing the parties inter- 
ested, reduce such toll or fare; but such toll or fare shall not, 
without the consent of said corporation, be so reduced as to 
yield, with all other earnings and income of said corporation, 
except the income of the funds deposited with the treasurer of 
the commonwealth as required by this act and said chapter 
five hundred and forty-eight, a net divisible income, after pay- 
ing all expenses of operation, interest, taxes, rentals, and other 
lawful charges, and after charging off a reasonable amount for 
depreciation, of less than eight per cent per annum on the 
outstanding capital stock of said corporation actually paid in 
in cash. The report of the board shall be final and conclusive 
for one year. During said period of twenty-five years no taxes 
or excises not at present in fact imposed upon street railways 
shall be imposed in respect of the lines owned, leased or operated 
by said corporation, other than such as may have been in fact 
imposed upon the lines hereafter leased or operated by it at 
the date of such operating contract or of such lease or agree- 
ment hereafter made therefor nor any other burden, duty or 
obligation which is not at the same time imposed by general 
law on all street railway companies: provided, however, that 
said corporation shall be annually assessed and shall pay taxes 
now or hereafter imposed by general law in the same manner 
as though it were a street railway company, and shall, in addi- 
tion, as compensation for the privileges herein granted, and for 
the use and occupation of the public streets, squares and places, 
by the lines of elevated and surface railroad owned, leased 
and operated by it, pay to the commonwealth, on or before the 
tenth day of November in each year, during said period of 
twenty-five years, an annual sum, the amount of which shall, 
in each year ending the last day of September, be determined by 
the amount of the annual dividend paid in that year by said 
corporation, in the following manner: — If the annual dividend 
paid is six per cent or less, or if no dividend is paid, the sum 
payable that year shall be a sum equal to seven eighths of one 
per cent of the gross earnings of all the lines of elevated or sur- 
face railroads owned, leased or operated by said corporation; 
if said dividend exceeds six per cent then a sum equal to the 
excess of the dividends over six per cent in addition to said 
seven eighths of one per cent of said gross, earnings. The 
above sum shall be paid into the treasury of the commonwealth 
and distributed among the different cities and towns in pro- 
portion to the mileage of elevated and surface main track, 
reckoned as single track, which is owned, leased or operated by 
said corporation and located therein. Said corporation shall 
also provide free transfer from elevated to surface and from 
surface to elevated cars at all stations of the elevated lines 
reached by surface lines and from one elevated car or train to 
another at junction points entitling a passenger to a continu- 



STAT. 1908, CHAP. 551. 79 

ous ride in the same general direction, and such further free 
transfers on all the surface lines of railway owned, leased or 
operated by it, as may be satisfactory to or required by the 
board of railroad commissioners. 

Section 2. This act shall take effect upon its acceptance when to 
by the board of directors of the Boston Elevated Railway take effect - 
Company within two months after the date of its passage. 
[Approved April 11, 1908.] 



Stat. 1908, Chap. 521. 

An Act to authorize the Boston Elevated Railway 
Company to construct an Elevated Railway from 
Sullivan Square in the City of Boston through the 
City of Somerville to the City of Medford. 

This act did not take effect, as it was not accepted as re- 
quired by Section 14. 



Stat. 1908, Chap. 551. 

(Amended Stat. 1909, Chap. 383.) 

An Act to authorize the Consolidation of Properties 
and Franchises of the Boston Elevated Railway 
Company and the West End Street Railway Com- 
pany. 

By this act the West End Street Railway Company was au- 
thorized to sell, and the Boston Elevated Railway Company 
was authorized to purchase, the property, privileges, and fran- 
chises of the West End Street Railway Company. It was pro- 
vided, however, by Section 15, as amended by Stat. 1909, 
Chap. 383, that, unless the purchase and sale so authorized was 
effected on or before December 31, 1910, all authority under 
the act to make the same should cease. No action was taken 
under this act. 

The following provisions are, however, in force: — 

Section 6. . . . [The Boston Elevated Railway Company Application of 
shall, in respect to the property, privileges and franchises pur- fliatinL'to' 8 
chased from the West End Street Railway Company, be sub- street railway 
ject to the same exemptions which the West End Street Rail- compames - 
way Company or the Boston Elevated Railway Company were 
subject to in respect thereof prior to such purchase, except 
that] sections seven, sixty-four, sixty-five and sixty-six of 
Part III of chapter four hundred and sixty-three of the acts 
of the year nineteen hundred and six shall apply to the Boston 
Elevated Railway Company in respect of the street railways 
at any time owned, leased or operated by it. 



80 



STAT. 1910, CHAP. 630. 



Powers, etc. 



Certain 
provisions of 
law not to 
apply. 



Repeal. 



Section 7. The Boston Elevated Railway Company shall, 
in respect of the street railways owned, leased or operated by 
it have the powers conferred upon street railway companies 
by the general laws now or hereafter in force respecting the 
carriage of newspapers, baggage, express matter and freight, 
but such powers shall not be exercised in respect of its elevated 
lines, except as provided in section seven of chapter five hun- 
dred of the acts of the year eighteen hundred and ninety-seven. 

So much of section one of chapter five hundred and forty- 
eight of the acts of the year eighteen hundred and ninety- 
four as provides that the Boston Elevated Railway Company 
shall not transport freight or baggage shall not apply to such 
street railways. So much of section two of chapter five hun- 
dred and forty-eight of the acts of the year eighteen hundred 
and ninety-four as limits the capital stock of the Boston Ele- 
vated Railway Company to twenty million dollars is hereby 
repealed. 



Stat. 1909, Chap. 383. 

(See Stat. 1908, Chap. 551.) 



Stat. 1910, Chap. 579. 

An Act to provide for the Relocation of the Westerly 
Terminal of the Riverbank Subway in the City of 
Boston. 

This act was accepted by the company on July 19, 1910, and 
acceptance was filed December 14, 1910. 
(See Stat. 1907, Chap. 573.) 



Stat. 1910, Chap. 630. 

An Act to authorize the Boston and Eastern Electric 
Railroad Company to construct a Tunnel and Ter- 
minal in the City of Boston. 

Be it enacted, etc., as follows: 



Tunnel 
under harbor 
and connection 
with Washing- 
ton street 
tunnel 
authorized. 



Sect. 2. The company, subject to the provisions of this act, 
may construct and operate and maintain a tunnel under the 
harbor from some convenient point in East Boston to some 
convenient point in the city of Boston proper, and with the 
consent of the commission and of the Boston Elevated Rail- 



STAT. 1910, CHAP. 630. 



81 



way Company or its assigns may connect the tunnel with the 
Washington street tunnel in such manner as the joint board 
shall approve. The general character, size, design and loca- 
tion of the tunnels shall be fixed and determined by the joint 
board as hereinafter provided and the joint board, in locating 
said tunnel, shall fix and determine the same with due regard 
to the requirements of a tunnel connection between the north 
and south stations. The tunnel may have such stations, ap- 
proaches, entrances, exits, spurs, sidings, turnouts, inclines, 
loops, deflections, switches, connections and other suitable 
structures and appurtenances as the joint board may deem 
convenient and proper to enable the company to turn its trains 
or to reverse the direction thereof, or to make connections with Connections 
the subway system of the Boston Elevated Railway Company ^stem. w 
with the consent of said company as aforesaid, or for other 
purposes authorized by this act or the general laws governing 
electric railroads, and the company subject to the limitations 
hereinafter set forth may operate and maintam the same for the 
running of electric railroad trains of its own cars and the cars 
of other companies or any such cars, and for such other in- 
cidental uses as are hereinafter defined in connection there- 
with. In respect of the equipment, use and operation of the 
railroad to be constructed in the tunnel and transportation 
thereon the company shall have all the rights, privileges and 
immunities and be subject to all the duties, liabilities and re- 
strictions set forth in general laws now or hereafter in force 
applicable to it, so far as the same do not affect its obli- 
gations or impair its rights, privileges and immunities under 
this act. 

Sect. 16. Any railroad corporation, electric railroad com- Use of tunnel 
pany or street railway company, including the Boston Elevated Ey^oiton * 
Railway Company, may, if the board shall approve and under Elevated Raji- 
such restrictions and regulations and upon such terms, con- 
ditions and compensation to the company and for such time 
as the board after a hearing shall fix, use the said tunnel and for 
such purpose the company shall permit a physical connection 
of tracks in the city of Boston at such place as the board shall 
determine. 



[Approved June 15, 1910.] 



82 



STAT. 1911, CHAP. 740. 



Consolidation 
of the Boston 
Elevated 
Railway 
Company and 
the West End 
Street Railway 
Company 
authorized. 



Time of holding 
meeting to vote 
upon the 
question, etc. 



Majority of 
the capital 
stock of both 
companies 
required, etc. 



Capital stock 
may be 
increased, etc. 



Stat. 1911, Chap. 740. 

An Act to authorize the Consolidation of Properties 
and Franchises of the Boston Elevated Railway 
Company and the West End Street Railway Com- 
pany. 

Be it enacted, etc., as follows: 

Section 1. The West End Street Railway Company is 
authorized to sell, and the Boston Elevated Railway Com- 
pany is authorized to purchase the property, privileges and 
franchises of the West End Street Railway Company upon the 
terms and under the conditions hereinafter set forth, such sale 
and purchase, if made, to take effect upon the expiration of the 
present lease from the West End Street Railway Company to 
the Boston Elevated Railway Company on the tenth day of 
June, nineteen hundred and twenty-two. 

The West End Street Railway Company shall, prior to the 
fifteenth day of September, nineteen hundred and eleven, 
hold a meeting of its stockholders, specially called for the 
purpose, to vote upon the question whether said company shall 
so sell its property, privileges and franchises to the Boston Ele- 
vated Railway Company upon the terms hereinafter set forth. 
The Boston Elevated Railway Company shall, prior to the 
fifteenth day of September, nineteen hundred and eleven, 
likewise hold a meeting, specially called for the purpose, to vote 
upon the question whether said company shall so purchase the 
property, privileges and franchises of the West End Street 
Railway Company. If such sale and purchase respectively 
are so authorized by the holders of not less than a majority 
in amount of the capital stock of the West End Street Railway 
Company voting thereon at such meeting, and by the holders 
of not less than a majority in amount of the capital stock of 
the Boston Elevated Railway Company likewise voting thereon 
at such meeting, certificates evidencing such action shall be 
filed with the secretary of the commonwealth, and said sale 
shall be made as authorized. 

If the said sale and purchase are not so authorized by the 
holders of at least a majority in amount of the capital stock of 
said companies voting thereon at such meetings prior to said 
date, then all authority hereunder to make said sale and pur- 
chase shall cease. 

Section 2. For the purpose above mentioned the Boston 
Elevated Railway Company is authorized to increase its 
capital stock by an amount equal at par to the par value of 
the capital stock of the West End Street Railway Company 
outstanding at the time of purchase. Such new stock shall 
consist of shares of the par value of one hundred dollars each, 
and shall be divided into first preferred stock and second pre- 
ferred stock, the aggregate par value of the first preferred 



STAT. 1911, CHAP. 740. 83 

stock to be equal to the aggregate par value of the preferred 
stock of the West End Street Railway Company outstanding 
at the date of purchase, and the aggregate par value of the 
second preferred stock to be equal to the aggregate par value 
of the common stock of the West End Street Railway Com- 
pany outstanding at the date of purchase; and upon the 
issue thereof no other stock shall thereafter be issued prior 
or equal to such first preferred and second preferred stock 
without the consent of two thirds of the holders of such stocks 
respectively. The first preferred stock, issued under and to 
carry into effect the provisions of this act, shall be forever 
entitled in preference and priority over all other stock of 
said corporation to semi-annual dividends to be paid out of 
the net profits of the corporation on the first days of January 
and July in each year at the rate of eight per cent per annum 
and no more, which dividends shall be cumulative. The 
second preferred stock, issued under and to carry into effect 
the provisions of this act, shall be forever entitled in preference 
and priority over all other stock of said corporations, except 
said first preferred stock, to semi-annual dividends to be paid 
out of the net profits of the corporation on the first days of 
April and October in each year, at a rate to be determined 
as hereinafter provided, which dividends shall be cumulative. 
In case of dissolution or liquidation, the holders of said first 
preferred and second preferred stock, issued under and to carry 
into effect the provisions of this act, shall be entitled to the pay- 
ment of the par value of their shares and all accrued and un- 
paid dividends before any payment is made to the holders of 
any other shares, and the remainder of the assets of the cor- 
poration shall be distributed among the holders of the other 
stock. Said first and second preferred stock shall have the 
same power of voting and transfer as said other stock, and 
shall be counted with said common stock in all questions of 
majorities and quorums, but said first preferred stock shall 
not be entitled to participate in any increase or issue of new 
stock, common or preferred, which may at any time be made 
by said corporation. The second preferred stock shall have 
the same right as the common stock to participate in any 
increase or issue of such new stock. Dividends on said first 
and second preferred stock shall accrue from the dates of 
the last payment of dividends prior to the said purchase on 
the preferred and common stock, respectively, of the West 
End Street Railway Company. 

Section 3. The rate of dividend upon said second preferred Rate of 
stock shall be seven per cent per annum and no more, unless ^"k™ 1 - 
a higher rate is fixed as hereinafter provided. 

The West End Street Railway Company shall, if requested Arbitrators 
so to do in writing between the first day of January, nineteen £° b t e h e P SSS ted 
hundred and twenty-two, and the first day of April, nineteen justice'of the 
hundred and twenty-two, by the holders of not less than ten d a Tco a urt udi ' 
per cent of its then outstanding common stock, make appli- 



84 STAT. 1911, CHAP. 740. 

cation on or before the first day of April, nineteen hundred 
and twenty-two, to the chief justice of the supreme judicial 
court, who shall thereupon appoint a board of three disin- 
terested arbitrators. Said arbitrators shall, as soon as may 
be, determine whether, in view of all pertinent circumstances, 
a rate of dividend upon said second preferred stock of the 
Boston Elevated Railway Company of seven per cent per 
annum is lower than is fair and reasonable. If said arbi- 
trators, or a majority of them, decide that such rate of seven 
per cent is lower than is fair and reasonable, the arbitrators 
shall determine what higher rate, not exceeding in any case 
eight per cent, would be fair and reasonable; and the rate 
so fixed shall thereafter be the dividend rate upon the second 
preferred stock. Said arbitrators shall hold public hearings 
at which the stockholders and directors of the West End Street 
Railway Company and the Boston Elevated Railway Com- 
pany, the mayor of any city or the selectmen of any town 
in which said West End Street Railway Company or the 
Boston Elevated Railway Company at that time holds loca- 
tions, and any citizens of any such city or town may be heard; 
and at such hearings the board of railroad commissioners 
shall present its views. Said arbitrators may also resort 
to any other sources of information in respect to the ques- 
tion submitted for determination, shall have authority to 
utilize the services of the board of railroad commissioners 
and its employees in securing such information, and may 
summon witnesses in behalf of the commonwealth, and ad- 
minister oaths and take testimony. The fees of such wit- 
nesses for attendance and travel shall be the same as for 
witnesses in the superior court. On or before said first day 
of September, nineteen hundred and twenty-two, unless such 
time is extended by written order of the arbitrators, they 
shall make their determination in writing in duplicate, one 
copy to be delivered to the Boston Elevated Railway Company 
and the other to the secretary of the commonwealth. In case 
any vacancy shall at any time occur, by reason of the death, 
resignation or inability to serve of any arbitrator, his suc- 
cessor shall be appointed in the manner above provided for 
the original appointment of the arbitrators. Any determina- 
tion by a majority of the arbitrators shall be final and con- 
clusive. All fees and expenses of the arbitrators shall be 
assessed upon the Boston Elevated Railway Company, 
issue of new Section 4. For the purpose of paying for the property, 

stock. privileges, and franchises of the West End Street Railway 

Company, the Boston Elevated Railway Company is hereby 
authorized to issue and deliver to the West End Street Railway 
Company at any time after April one, nineteen hundred and 
twenty-two, the amount of first and second preferred stock 
issued as above stated, and the West End Street Railway 
Company is hereby authorized to receive such stock in full 
payment for its property, privileges and franchises, subject 



STAT. 1911, CHAP. 740. 85 

to its existing indebtedness and liabilities, and to distribute 
the same among its own stockholders in the manner following: — 
To deliver to each of the holders of its own preferred stock an 
equal amount at par of the first preferred stock of the Boston 
Elevated Railway Company, and to the holders of its own 
common stock an equal amount at par of the second preferred 
stock of the Boston Elevated Railway Company. Upon 
such delivery the holders of stock of the West End Street 
Railway Company shall surrender their shares of stock in 
the West End Street Railway Company to the Treasurer of 
the West End Street Railway Company who shall cancel the 
same as well as any shares delivered to that company under 
the provisions of the following sections. Such provision shall 
be made as may be agreed upon by the directors of said cor- 
porations for the issue of receipts for fractions of shares and 
their conversion into full shares. 

Section 5. Any stockholder of the West End Street Rail- "Non- n 
way Company, who at the meeting provided for in section one stockholders, 
votes against the sale authorized by this act, may, within etc * 
thirty days after the day of said meeting, file with the clerk 
of said company a writing declaring his opposition to the sale, 
and stating the number of shares held by him, and the number 
or numbers of the certificate or certificates evidencing the same, 
and shall at the same time present to said clerk the certificate 
or certificates of stock evidencing said shares to be stamped 
as " non-assenting." 

Upon transfer thereafter of any share or shares the certificate 
or certificates evidencing which are so stamped " non-assent- 
ing," the certificates for said shares issued to the transferee shall 
in all cases be likewise stamped " non-assenting," and the holder 
of such shares shall not be entitled, at the time when the pur- 
chase and sale authorized by section one of this act takes effect, 
to receive in exchange therefor either first or second preferred 
stock of the Boston Elevated Railway Company, but shall 
be entitled to receive the cash value of said shares to be deter- 
mined as provided in section six. The clerk of the West End 
Street Railway Company shall at all times keep a separate 
record of certificates outstanding stamped " non-assenting," 
and duplicates of such record shall be filed from time to time 
with the Boston Elevated Railway Company. Any stock- 
holder who at the time of the meeting provided for in section 
one is legally incapacitated from acting for himself and has no 
legal representative, may, within thirty days after the removal 
of such incapacity, file said declaration of opposition with the 
same effect as if he had voted against said sale. 

, Section 6. Any stockholder of the West End Street Rail- share of ''non- 
way Company who owns any share or shares of its stock, the stockholders to 
certificates evidencing which are stamped " non-assenting," be valued, etc. 
as above provided, may at any time between January one, 
nineteen hundred and twenty-two, and April one, nineteen 
hundred and twenty-two, request that his said shares be valued 



86 



STAT. 1911, CHAP. 740. 



Value may be 
determined by 
the court, etc. 



Liability to 
holders of 
shares, etc. 



"Non-assent- 
ing" shares to 
become the 
property of the 
West End 
Street Railway 
Company, etc. 



as hereinafter provided, and the value thereof shall in such case 
be paid, tendered, or deposited to or for the account of such 
holder in the manner following: 

The stockholder may file a petition in the supreme judicial 
court within and for the county of Suffolk setting forth the ma- 
terial facts, and asking that the value of his shares may be 
determined. Thereupon, and upon such notice to all parties 
concerned as it may deem proper, the court shall pass an order 
requiring the certificate or certificates evidencing such shares, 
and duly endorsed, to be deposited with the clerk of the court, 
and shall appoint three commissioners to ascertain and report 
the value of the shares. The report shall be made to the court 
as soon as is practicable, and, after due notice to the parties 
in interest, shall be confirmed by the court unless some error 
of law be made to appear upon the face of the report, in which 
event it shall be recommitted to the commissioners with such 
order as the court may make, or unless either of the parties to 
said proceedings shall claim a trial by jury, in which latter event 
the court shall order the question of the value of the shares 
to be tried and determined by a jury in the superior court 
in the same manner in which other civil cases are tried in that 
court. Any stockholder who holds shares the certificates evi- 
dencing which are stamped " non-assenting," and who, during 
said period between the first day of January, nineteen hundred 
and twenty-two, and the first day of April, nineteen hundred 
and twenty-two, is legally incapacitated from acting for him- 
self and has no legal representative, may file the said petition 
in the supreme judicial court within ninety days after the re- 
moval of such incapacity by the appointment of a legal rep- 
resentative or otherwise. 

The Boston Elevated Railway Company shall be liable for, 
and shall pay all sums found due and payable to all holders of 
shares in the proceedings aforesaid, including such interest, 
cost and expenses as the court may order and shall likewise 
furnish such security for the said payment as the court may 
order. For the purpose of the foregoing section, the value of 
the shares of the West End Street Railway Company shall 
neither be increased nor diminished by reason of the provi- 
sions of this act or by the consolidation herein provided for. 

Section 7. Upon payment, or tender or deposit with the 
clerk of the court of the value of said shares fixed as aforesaid, 
such " non-assenting" shares and the certificate or certificates 
thereof shall become the property of and shall be transferred 
and delivered to the West End Street Railway Company, whose 
right and title to receive the same and to hold possession thereof 
may be enforced by the court by any appropriate process, and 
the West End Street Railway Company shall, upon such pay- 
ment or tender or deposit redeliver to the Boston Elevated 
Railway Company the first or second preferred shares to which 
the holder of such " non-assenting " shares would have been 
entitled, and the Boston Elevated Railway Company may 



STAT. 1911, CHAP. 740. 



87 



sell the same in the manner and subject to the requirements 
prescribed by law, and apply the proceeds, so far as necessary, 
toward the reimbursement of the company for such payment 
or tender or deposit. If such proceeds are insufficient to reim- 
burse the company for such payment or tender or deposit, the 
company may, in the manner and subject to the requirements 
prescribed by law, issue additional bonds or stock, or both, so 
far as may be necessary to provide for such reimbursement. 

Exceptions may be taken to any ruling or order of said court, 
to be heard and determined as in other civil cases. The court 
may make all such orders for the enforcement of the rights of 
any party to the proceedings, for consolidation of two or more 
petitions and their reference to the same commissioners, for the 
consolidation of claims, for a trial by jury, for deposit of money 
in court, and for the payment of interest upon the value of the 
stockholders' shares as determined, and the payment of costs 
by one party to the other, as justice and the speedy settle- 
ment of the matters in controversy may require. 

Section 8. After the necessary consent of the stockholders 
of the West End Street Railway Company and of the Boston 
Elevated Railway Company has been given to the purchase 
and sale authorized by section one of this act, any holder of 
common or preferred stock of the West End Street Railway 
Company may, on or before the tenth day of June, nineteen 
hundred and twenty-two, exchange his stock for an equal 
amount at par of the common stock of the Boston Elevated 
Railway Company; and, after the tenth day of June, nineteen 
hundred and twenty-two, any holder of the first or second pre- 
ferred stock of the Boston Elevated Railway Company may 
exchange such first or second preferred stock for an equal 
amount at par of the common stock of the Boston Elevated 
Railway Company. The stock of the West End Street Rail- 
way Company so exchanged shall be held by the Boston Ele- 
vated Railway Company, and shall not be sold or incumbered 
without the consent of the board of railroad commissioners, 
and the market value thereof shall be deducted from the value 
of the corporate franchise of the Boston Elevated Railway 
Company for the purpose of ascertaining the amount of the 
tax on its corporate franchise. Upon the tenth day of June, 
nineteen hundred and twenty-two, all West End stock so ac- 
quired shall be cancelled, and shall not be taken into account 
in determining the aggregate par value of the first preferred and 
the second preferred stock to be issued by the Boston Elevated 
Railway Company and delivered to the West End Street Rail- 
way Company under the provisions of this act. 

In case of the exchange of first or second preferred stock of 
the Boston Elevated Railway Company for common stock of 
that company, the first or second preferred stock so exchanged 
shall be cancelled and no other first or second preferred stock 
shall be issued in its place. The Boston Elevated Railway 
Company is hereby authorized to increase its common stock 



Exceptions. 



After consent 
of the stock- 
holders to the 
sale, etc., stock 
maybe 
exchanged, etc. 



Certain stock 
to be cancelled, 
etc. 



88 



STAT. 1911, CHAP. 740. 



Cash adjust- 
ment in respect 
to dividends, 
etc. 



Sale and pur- 
chase, etc. 



Certain stock 
to bei,cancelled, 
etc. 



from time to time for the purpose of effecting the exchange 
herein provided for. 

In connection with the exchange of the stock of the West 
End Street Railway Company for the stock of the Boston Ele- 
vated Railway Company, or of the first and second preferred 
stock of the Boston Elevated Railway Company for common 
stock of that company, there shall be a cash adjustment in re- 
spect of the accrued and unpaid dividends upon the stock of the 
West End Street Railway Company and the Boston Elevated 
Railway Company respectively, and if the parties, are unable 
to agree upon such adjustment the same shall be determined, 
upon the application of either party, by the board of railroad 
commissioners. 

Section 9. If the necessary consent of the stockholders of 
the West End Street Railway Company and of the Boston 
Elevated Railway Company shall be given to the purchase and 
sale authorized by section one of this act, the West End Street 
Railway Company shall forthwith sell, and the Boston Ele- 
vated Railway Company shall forthwith purchase, all the real 
estate of the West End Street Railway Company which is not 
required in the conduct of the business of said companies or 
either of them, for such price as the companies may agree upon. 
If the companies are unable to agree either upon what real 
estate is not required for the conduct of said business, or upon 
the price to be paid therefor, the same shall be determined, 
upon the application of either company, by the board of rail- 
road commissioners. The proceeds of said sale to an amount 
not exceeding one million five hundred thousand dollars shall 
be held as a special trust fund by the Boston Elevated Rail- 
way Company and be invested by it and allowed to accumulate 
until the tenth day of June, nineteen hundred and twenty-two. 
Thereafter the Boston Elevated Railway Company shall con- 
tinue to invest said fund with its accumulations to that date, 
and shall apply the annual income thereof to the purchase and 
retirement of second preferred stock of the Boston Elevated 
Railway Company issued under, and to carry into effect, the 
purposes of this act. Such stock shall be purchased by the 
Boston Elevated Railway Company as cheaply as possible after 
tenders have publicly been invited. No part of said fund or its 
income shall be used for any other purpose except for the retire- 
ment of the aforesaid second preferred stock of the Boston Ele- 
vated Railway Company, in case said purchase and sale are 
effected. 

Any second preferred stock so purchased shall be cancelled 
and no other second preferred stock shall be issued in its place. 
When all the second preferred stock has either been converted 
into common stock of the Boston Elevated Railway Company 
or has been retired as hereinbefore provided, or otherwise, 
said fund, with its accumulations, shall be applied by the Bos- 
ton Elevated Railway Company to any purpose for which its 
stock and bonds can legally be issued. 



STAT. 1911, CHAP. 740. 89 

Section 10. Upon the taking effect of the purchase and sale Responsibility 
authorized by section one of this act the Boston Elevated Rail- ne^and liabiii- 
way Company shall assume and be responsible for all the in- ties, etc. 
debtedness and liabilities of the West End Street Railway 
Company, and shall, in respect to the construction, operation 
and maintenance of street railways, succeed to all the powers, 
privileges, rights and franchises, and be subject to all the duties, 
obligations, restrictions and liabilities of said West End Street 
Railway Company, so far as the same are not in conflict with 
the provisions of law then applicable to street railways owned, 
leased or operated by the Boston Elevated Railway Company. 
All rights or claims of either the West End Street Railway Com- 
pany or the Boston Elevated Railway Company against the 
other, whether arising out of the lease executed between them 
December nine, eighteen hundred and ninety-seven, or other- 
wise, as they respectively may be at the time of the said pur- 
chase shall be deemed to be satisfied and extinguished by the 
said purchase and sale: provided, however, that the Boston Proviso. 
Elevated Railway Company may, subject to the approval of 
the board of railroad commissioners, issue additional stock or 
bonds, or both, to provide means for paying for permanent 
additions to, and alterations and improvements in the prop- 
erty of the West End Street Railway Company made prior to 
the said purchase, and for which it shall not have been reim- 
bursed by the West End Street Railway Company. 

Section 11. The provisions of this act shall not be con- Certain 
strued as, nor taken to be, an extension for any purpose of fkcommon- 
the twenty-five year period fixed by section ten of chapter -JJ^red^etc 
five hundred of the acts of the year eighteen hundred and 
ninety-seven, and shall not in any respect impair or abridge 
any power of the commonwealth or other public authority 
which would otherwise exist to revoke or modify any fran- 
chises, rights or privileges now or hereafter enjoyed by said 
companies or either of them. 

Section 12. Upon the close of the tenth day of June, Certain 
nineteen hundred and twenty-two, all authority granted to fofthecon- 
the West End Street Railway Company by sections five and ftructionof 

tunnels etc to 

six of chapter four hundred and thirteen of the acts of the year cease, etc. 
eighteen hundred and eighty-seven to construct and maintain 
tunnels, and all authority granted to said company under 
chapter four hundred and fifty-four of the acts of the year 
eighteen hundred and ninety to construct and operate a system 
of elevated railroads shall cease. 

Section 13. The Boston Elevated Railway Company shall No rights, etc., 
not with respect to any street railway at any time owned, leased unieL^ressly 
or operated by it, other than the street railways acquired from granted. 
the West End Street Railway Company, acquire by virtue of this 
act any rights or privileges in addition to those already possessed 
or enjoyed by it except such as are expressly granted herein. 

Section 14. The facilities for travel on the railways now or Facilities and 
hereafter operated by the Boston Elevated Railway Company, rates> etc ' 



90 



STAT. 1911, CHAP. 740. 



Default 
under existing 
lease, etc. 



Extension of 
contract, etc. 



Proviso. 



Changes and 
alterations in 
subway, etc. 



shall not be diminished nor the rates of fare increased by reason 
of this act or of the purchase and sale herein authorized. 

Section 15. If the Boston Elevated Railway Company 
shall at any time make any default under the existing lease 
from the West End Street Railway Company to it whereby 
the West End Street Railway Company may become entitled 
to terminate said lease, or if the Boston Elevated Railway 
Company should become bankrupt, or if the Boston Elevated 
Railway Company shall fail to furnish such security as the 
court may order for the payment of any sums found due to the 
holders of non-assenting shares as provided for in section six, 
then, in either of said cases, the West End Street Railway Com- 
pany shall be relieved from its obligations to sell its property 
and franchises to the Boston Elevated Railway Company, as 
herein provided, and the fund provided for in section nine shall 
be transferred to the West End Street Railway Company. 

Section 16. If the necessary consent of the stockholders 
of the West End Street Railway Company and the Boston 
Elevated Railway Company shall be given to the purchase and 
sale authorized in section one of this act, the Boston Elevated 
Railway Company may, in its own name, execute an extension 
of the contract for the use of the Tremont street subway: pro- 
vided, that such extension shall contain an express provision 
to the effect that the use and control of said subway, under 
such extension, is subject to the rights of the West End Street 
Railway Company under Article II of the existing lease from 
the West End Street Railway Company to the Boston Ele- 
vated Railway Company, and the insertion of said provision 
shall be deemed a full Compliance with that part of Article II 
which requires the embodiment in any renewal or extension of 
said subway contract of stipulations satisfactory to the West End 
Street Railway Company providing for the use and control of 
said Tremont street subway by the West End Street Railway 
Company upon the expiration or earlier termination of the lease. 

Changes and alterations may be made in the Tremont street 
subway, so far as may be expedient in connection with the 
construction of the proposed Boylston street subway, and when- 
ever the use and control of the Tremont street subway shall 
revert to the West End Street Railway Company, if two of the 
tracks therein are then operated as a part of or in connection 
with the Boylston street subway, the West End Street Rail- 
way Company shall accept as a substitute therefor the two 
additional tracks which have been constructed to be operated 
as a part of, or in connection with, the Tremont street subway. 

Section 17. This act shall take effect upon its passage. 
[Approved July 20, 1911.] 

The foregoing act was accepted by the Boston Elevated 
Railway Company on August 28, 1911, and acceptance was filed 
September 5, 1911. It was accepted by the West End Street 
Railway Company on September 6, 1911, and acceptance was 
filed September 12, 1911. 



STAT. 1911, CHAP. 741. 



91 



Stat. 1911, Chap. 741. 

An Act Relative to Electric Railway Transportation 
Facilities in the City of Boston and its Vicinity. 

Be it enacted, etc., as follows: 

PART I. 

RELATIVE to the construction of additional tunnels or 

SUBWAYS IN THE CITY OF BOSTON. 



DORCHESTER TUNNEL. 

Section 1. The Boston transit commission (hereinafter called 
the commission) shall construct in the city of Boston (hereinafter 
called the city) a tunnel (hereinafter called the Dorchester tunnel) 
designed to contain two railway tracks connecting with the tracks 
in the Park street station of the Cambridge connection, so-called, 
under Boston Common and Tremont street, and being an exten- 
sion of said Cambridge connection, forming a continuous route 
therewith and running under Winter and Summer streets to 
Dewey square, and thence by such route as may be approved by 
the commission, to a point at or near the junction of Dorchester 
avenue and Broadway in South Boston; thence in, under or near 
Dorchester avenue to a point in, at or near Andrew square in 
Dorchester, together with stations at or near the corner of Wash- 
ington street and Summer street, at or near the South station, 
at or near the corner of Broadway and Dorchester avenue, and 
in, at or near Andrew square, and passageway connections with the 
Tremont street subway and the Washington street tunnel and the 
South station; and the commission in connection therewith may 
make such alterations or enlargements of the present Park street 
station of the Tremont street subway, and of the exits and en- 
trances from and to such station, and of the station now being 
constructed at or near the junction of Park and Tremont streets 
for the tunnel of the Cambridge connection, so-called, and of the 
exits and entrances therefrom and thereto, as the commission may 
deem necessary or advisable. 

With the consent of the Boston Terminal Company, the New 
York, New Haven and Hartford Railroad Company and the 
Boston and Albany Railroad Company, or with the consent of 
the board of railroad commissioners (hereinafter called the board), 
said tunnel may be constructed across or under property owned 
oi occupied by the last named corporations, but in that event 
said corporations shall be entitled to recover compensation for 
any injury to their property to the same extent as private persons 
from whom takings may be made for the purposes of said tunnel. 

Section 2. The commission shall not begin the work of con- 
struction until it has filed in the office of the commissioner of 
public works of the city a plan, signed by the commission, showing 



Construction 
of additional 
tunnels or 
subways in the 
city of Boston. 



Compensation 
for injury to 
property, etc. 



Beginning of 
work of con- 
struction, etc. 



92 



STAT. 1911, CHAP. 741. 



Contract, etc. 



Dorchester 
Tunnel Bonds. 



the proposed route, and the general form and method of con- 
struction, the location of proposed tracks, stations, approaches 
and connections, and the alignment and grade, which plan shall 
be submitted to the Boston Elevated Railway Company (herein- 
after called the " company/ ' which term shall be deemed to in- 
clude its successors or assigns) for its examination, nor until the 
contract hereinafter mentioned for the use of said Dorchester 
tunnel has been executed. Any such plan so filed may be altered 
at any time by a new plan signed, submitted and filed in like 
manner. 

Section 3. Within the time and upon the terms specified in 
Part II of this act, the commission, in the name and on behalf 
of the city of Boston, and the company, shall execute a contract 
in writing for the sole and exclusive use of the tunnel by the com- 
pany for the running of its cars therein, and for such other uses as 
the commission and the company may agree upon, for a term of 
years and at an annual rental as specified in Part II of this act, 
and upon such other provisions and conditions not affecting the 
term or rental, and following the form of the contract made by and 
between the city, acting by the commission, and the company 
for the use of the Washington street tunnel, so far as the same may 
be applicable, as the commission and the company may agree 
upon, or, in case of difference, as the board may determine. The 
provisions of Part I of this act in so far as they declare, define or 
establish the terms and conditions for the construction, tenure, 
maintenance and operation of the tunnel shall be embodied in 
and made a part of said contract. The use of the tunnel shall 
begin when, in the opinion of the commission, a reasonable time 
after completion has been allowed for equipment. The net cost 
thereof shall be deemed to include, except as is otherwise provided 
herein, all expenditures incurred in acquisition and construction, 
including damages, expenses and salaries of the commission and 
the interest on the debt incurred in construction prior to the be- 
ginning of the use, and shall also include all expenses already 
incurred under the provisions of chapter ninety-four of the re- 
solves of the year nineteen hundred and ten. 

Section 4. The treasurer of the city of Boston shall from time 
to time, on request of the commission, issue and sell at public 
or private sale the bonds of the city, registered or with interest 
coupons attached, as he may deem best, to an amount not ex- 
ceeding the cost of the tunnel provided for by section one of this 
act. Such bonds shall be designated on their face " Dorchester 
Tunnel Bonds''; shall be for such terms not exceeding forty-five 
years, as the mayor and treasurer of the city may determine; 
and shall bear interest payable semi-annually, at such rate, not 
exceeding four per cent per annum, as the treasurer shall deter- 
mine. The proceeds of such bonds, including any premiums 
realized from the sale thereof shall be used to meet all damages, 
costs and expenses incurred by the commission or by the city 
in carrying out the provisions of this act for the construction of 
the Dorchester tunnel. The proceeds from any sale or sales of 



STAT. 1911, CHAP. 741- 93 

lands or rights taken, or acquired by purchase or otherwise under 
authority of this act for the construction of said tunnel shall be 
used for the same purpose as the rentals of said tunnel, or shall 
be used for the payment of expenditures incurred for construction, 
as the commission may determine. All rentals, tolls, percentages 
or other annual compensation received by the city for any use of 
the tunnel under this act, or for any use of any lands or rights 
acquired under the provisions of this act for the Dorchester tun- 
nel shall be used in the first instance for the payment of interest 
on the bonds issued for the cost of said tunnel, and the balance 
shall be used for the purposes specified in Part II of this act. Any 
interest received by the city upon the proceeds of the bonds prior 
to the expenditure of such proceeds shall be credited against in- 
terest during construction in ascertaining the net cost of the 
tunnel. The city shall have, hold and enjoy in its private or pro- 
prietary capacity, for its own property, the said tunnel and subway 
and all rents, tolls, income and profits from all contracts entered 
into by it for the use of said subway or tunnel or any part thereof, 
and the same shall never be taken by the commonwealth except 
on payment of just compensation. 

BOYLSTON STREET SUBWAY. 

Section 5. The commission shall construct in the city of Construction 
Boston a subway (hereinafter called the Boylston street subway) street subway, n 
so designed as to be adapted to contain two railway tracks, com- etc - 
mencing with an open cut at or near the junction of Common- 
wealth avenue and Beacon street, thence continuing to, in, and 
under Commonwealth avenue, Charlesgate west, the Fenway, 
Charlesgate east, Newbury street, crossing under Massachusetts 
avenue; thence passing under or across private land and land of 
the city of Boston to a point under Boylston street near Here- 
ford street; thence under Boylston street to a point at or near its 
junction with Arlington street; thence in and under public ways 
and public or private lands by such route as the commission may 
determine, to a point at or near the junction of Boylston street 
and Tremont street, and thence in or under Tremont street and 
public lands to a point at or near the Park street station of the 
Tremont street subway, together with stations at Massachusetts 
avenue, at Copley square, at or near the corner of Boylston and 
Tremont streets, and at or near Park street. Instead of construct- 
ing said subway as a continuous line from Arlington street to Park 
street station, the commission may connect said subway at or near 
the junction of Boylston street and Tremont street with the tracks 
of the present Tremont street subway, and between that point 
and the Park street station may either enlarge the present Tremont 
street subway so as to provide for two additional tracks, or may 
construct a separate subway adapted to contain two railway 
tracks, connecting the same with the present Tremont street sub- 
way and the tracks located therein. 

The cost of enlarging the Tremont street subway, if that is done, 



94 STAT. 1911, CHAP. 7 41. 

or of building said separate subway, as above provided, shall 
be included in the cost of the Boylston street subway. 

Any tunnel or subway construction under, or within one hun- 
dred feet of, Boston Common shall be made, so far as is prac- 
ticable, water tight, and the work shall be so done as to avoid the 
drainage of moisture from the surrounding soil, or other injury 
to the trees; and the commission may construct a suitable system 
of sub-soil irrigation above or near the line of any section of said 
subway constructed under the Common, or may take any other 
measures which it may deem* expedient for the preservation of the 
trees, to be paid for as a part of the cost of the subway. The 
commission shall not erect any additional permanent structures 
above the surface of the Common. 
Plan to be Section 6. The commission shall not begin the work of con- 

filed * struction until it has filed in the office of the commissioner of 

public works of the city a plan signed by the commission showing 
the proposed route, and the general form and method of con- 
struction, the location of proposed tracks, stations and approaches 
and the alignment and grade, which plan shall be submitted to 
the company for its examination, nor until the contract herein- 
after mentioned for the use of said Boylston street subway has 
been executed. Any such plan so filed may be altered at any 
time by a new plan signed, submitted and filed in like manner. 
Contract for Section 7. Within the time, and upon the terms specified in 

etc. Part II of this act, the commission, in the name and on behalf of 

the city of Boston, and the company, shall execute a contract in 
writing for the sole and exclusive use of the subway by the com- 
pany for the running of its cars therein, and for such other uses as 
the commission and the company may agree upon, for a term of 
years, and at an annual rental as specified in Part II of this act, 
upon such provisions and conditions, not affecting the term or 
rental, and following the form of the contract made by and be- 
tween the city, acting by the commission, and the company for 
the use of the Washington street tunnel, so far as the same may 
be applicable, as the commission and the company may agree 
upon, or in case of difference as the board may determine. The 
provisions of Part I of this act in so far as they declare, define or 
establish the terms and conditions for the construction, tenure, 
maintenance and operation of the subway shall be embodied in 
and made a part of said contract. The use of the subway shall 
begin when, in the opinion of the commission, a reasonable time 
after completion has been allowed for equipment. The net cost 
thereof shall be deemed to include, except as is otherwise provided 
herein, all expenditures incurred in acquisition and construction, 
including damages, expenses and salaries of the commission, and 
the interest on the debt incurred in construction prior to the be- 
ginning of the use, and shall also include all expenses already 
incurred in connection with the Riverbank subway authorized 
by chapter five hundred and seventy-three of the- acts of the year 
nineteen hundred and seven. 
R epe a i. Section 8. So much of chapter five hundred and seventy- 



STAT. 1911, CHAP. 7^1. 95 

three of the acts of the year nineteen hundred and seven as au- 
thorizes the construction of a subway and tunnel to be designated 
as the Riverbank subway is hereby repealed. The proceeds 
not already expended of the bonds already issued under section 
thirteen of said chapter, designated on their face as Boston River- 
bank Subway Loan, including any premiums realized from the sale 
thereof, less the amount of said proceeds used as specified in sec- 
tion fourteen of this act, shall be used for the same purposes as the 
proceeds of the bonds authorized by section nine of this act, but 
no more such Riverbank subway bonds shall be issued after this 
act takes effect. 

Section 9. The treasurer of the city of Boston shall, from Treasurer of 
time to time, on request of the commission, issue and sell, at B e st C on y t f 
public or private sale, the bonds of the city, registered or with in- issue and sen 
terest coupons attached, as he may deem best, to an amount not bon 3 ' 
exceeding the cost of the subway provided for by section five of 
this act, less the amount of the proceeds of any Riverbank subway 
bonds not already expended and not used as specified in section 
fourteen of this act. Such bonds shall be designated on their 
face as Boylston Street Subway Bonds, shall be for such terms, 
not exceeding forty-five years, as the mayor and treasurer of the 
city may determine; and shall bear interest, payable semi-an- 
nually, at such rate, not exceeding four per cent per annum, as 
the treasurer shall determine. The proceeds of such bonds, in- 
cluding any premiums realized from the sale thereof, shall be used 
to meet all damages, costs and expenses incurred by the com- 
mission or by the city in carrying out the provisions of this act 
for the construction of the Boylston street subway. The pro- 
ceeds of any sale or sales of land or rights taken, or acquired by 
purchase or otherwise, under the provisions of this act for the con- 
struction of said subway shall be used for the same purposes as the 
rentals of said subway, or shall be used for the payment of ex- 
penditures incurred for construction, as the commission may 
determine. All rentals, tolls, percentages or other annual com- 
pensation received by the city for any use of said subway under 
this act, or for any use of any lands or rights acquired under the 
provisions of this act for the Boylston street subway, shall be used 
in the first instance for the payment of interest on the bonds 
issued for the cost of said subway, and on the Riverbank subway 
bonds, and the balance shall be used for the purposes specified 
in Part II of this act. Any interest received by the city upon 
the proceeds of the bonds, prior to the expenditure of such pro- 
ceeds, shall be credited against interest during construction in 
ascertaining the net cost of the said subway. The city shall have, 
hold and enjoy in its private or proprietary capacity for its own 
property the said tunnel and subway and all rents, tolls, income 
and profits from all contracts entered into by it for the use of 
said subway or tunnel or any part thereof, and the same shall 
never be taken by the commonwealth except on payment of just 
compensation. 



96 



STAT. 1911, CHAP. 741. 



EAST BOSTON TUNNEL EXTENSION. 



East Boston 
tunnel 
extension, etc. 



Plan of 
proposed 
route to be 
filed, etc. 



Contract for 
the use of the 
tunnel exten- 
sion, etc. 



Section 10. The commission shall extend the East Boston 
tunnel by constructing a tunnel and subway (to be designated as 
the East Boston tunnel extension) connecting with the existing 
East Boston tunnel at grade or otherwise, so designed as to be 
adapted to contain two railway tracks, beginning at or near the 
present terminus of the East Boston tunnel in Court street near 
Scollay square; thence under Court street to and through Scollay 
square; thence under Tremont Row and under Court street to, 
under and through Bowdoin square, and thence under Cambridge 
street to a suitable connection with surface tracks in Cambridge 
street at a point at or near Lynde street, or at or near North Rus- 
sell street, or between said streets, together with a station in or 
near Scollay square and a station in or near Bowdoin square, and 
with suitable approaches, sidings, entrances, elevators, inclines, 
connections and other structures; and the commission may, with 
the consent of the company, make any changes which it deems 
necessaiy or expedient in the existing subway and tunnel and 
such alterations or enlargements in the existing subway station 
in Scollay square and Court street and in the exits and entrances 
therefrom and thereto, as it may deem necessary or expedient. To 
provide for the connection of the tunnel extension with the surface 
tracks in Cambridge street, the commission, acting for this pur- 
pose in place of, and with all the powers of the board of street com- 
missioners of the city of Boston and of the officer authorized to 
construct streets by chapter three hundred and ninety-three of 
the acts of the year nineteen hundred and six, may widen, alter 
and construct Cambridge street in such manner as the commis- 
sion may deem necessary or advisable, and may assess better- 
ments for the improvement under section five of said chapter. 

Section 11. The commission shall not begin the work of con- 
struction until it has filed in the office of the commissioner of public 
works of the city a plan signed by the commission showing the pro- 
posed route or the location thereof, and the general form and 
method of construction, the location of proposed tracks, stations 
and approaches, and the alignment and grade, which plan shall 
be submitted to the company for its examination, nor until the 
contract hereinafter mentioned for the use of said East Boston 
Tunnel extension has been executed. Any such plan so filed may 
be altered at any time by a new plan signed, submitted and filed 
in like manner. 

Section 12. Within the time and upon the terms specified in 
Part II of this act, the commission, in the name and on behalf of 
the city of Boston, and the company shall execute a contract in 
writing for the sole and exclusive use of the East Boston tunnel 
extension by the company for the running of its cars therein, and 
for such other uses as the commission and the company may 
agree upon, for a term of years and at an annual rental as specified 
in Part II of this act, upon such provisions and conditions not 



STAT. 1911, CHAP. 741. 97 

affecting the term or rental, and following the form of the contract 
made by and between the city, acting by the commission, and the 
company for the use of the Washington street tunnel, so far as the 
same may be applicable, as the commission and the company 
may agree upon, or, in case of difference, as the board may deter- 
mine. The provisions of Part I of this act in so far as they 
declare, define or establish the terms and conditions for the con- 
struction, tenure, maintenance and operation of the tunnel exten- 
sion shall be embodied in and made a part of said contract. The 
use of the tunnel extension shall begin when, in the opinion of the 
commission, a reasonable time after completion has been allowed 
for equipment. The net cost thereof shall be deemed to include, 
except as is otherwise provided herein, all expenditures incurred 
in acquisition and construction and in making necessary changes 
in the East Boston tunnel, including damages, expenses (except 
damages and all other expenses for lands and rights in lands, or 
otherwise incurred, for the widening of Cambridge street, one half 
of which damages and expenses, less the betterments the city 
shall pay, in the same manner as for other work done under said 
chapter three hundred and ninety-three of the acts of the year 
nineteen hundred and six, and one half of which shall be considered 
as part of the cost of the tunnel extension and be paid for out of 
the proceeds of bonds issued under section thirteen), and salaries 
of the commission and the interest on the debt incurred in con- 
struction prior to the beginning of the use. 

Section 13. The treasurer of the city of Boston shall, from issue and sale 
time to time, on the request of the commission, issue and sell at OI bonds ' etc - 
public or private sale the bonds of the city, registered or with 
interest coupons attached, as he may deem best, to an amount 
not exceeding the cost of the tunnel and subway provided for by 
section ten of this act. Such bonds shall be designated on their 
face East Boston Tunnel Extension Bonds ; shall be for Such terms, 
not exceeding forty-five years, as the maj^or and treasurer of the 
city may determine; and shall bear interest payable semi-an- 
nually, at such rate, not exceeding four per cent per annum, as 
the treasurer shall determine. The proceeds of such bonds, 
including any premiums realized from the sale thereof, shall be 
used to meet all damages, costs and expenses incurred by the 
commission or by the city, except as aforesaid, in carrying out the 
provisions of this act relative to the construction of the said tunnel 
extension. The proceeds of any sale or sales of lands or rights 
taken or otherwise acquired under authority of this act for the 
construction of said tunnel extension (except lands and rights 
in land taken or purchased for the widening of Cambridge street, 
which shall be applied in reduction of the damages and expenses 
incurred for said widening), shall be used for the same purpose as 
the rentals of said tunnel extension, or shall be used for the pay- 
ment of expenditures incurred for construction, as the commis- 
sion may determine. All rentals, tolls, percentages or other 
annual compensation received by the city for any use of said 
tunnel extension under this act, and for any use of any lands or 



98 



STAT. 1911, CHAP. 741. 



rights acquired under authority of this act for said tunnel ex- 
tension, except as aforesaid, shall be used in the first instance for 
the payment of interest on the bonds issued for the cost of said 
tunnel extension, and the balance shall be applied to the purposes 
specified in Part II of this act. Any interest received by the city 
upon the proceeds of the bonds, prior to the expenditure of such 
proceeds, shall be credited against interest during construction in 
ascertaining the net cost of the said tunnel extension. The city 
shall have, hold and enjoy in its private or proprietary capacity, 
for its own property, the said subway and tunnel extension, and 
all rents, tolls, income and profits from all contracts entered into 
by it for the use of said subway and tunnel extension or any part 
thereof, and the same shall never be taken by the commonwealth 
except on payment of just compensation. 



Investigation, 
surveys, etc., 
to be made, etc. 



GENERAL PROVISIONS. 

Section 14. The commission shall, immediately after the 
passage of this act, make such preliminary investigations, surveys 
and plans as it may deem expedient, and to that end may enter 
upon any lands, and place and maintain marks therein, and may 
make excavations and borings, and do all other acts necessary for 
such investigations and surveys, and may expend such sums as 
it deems necessary therefor. The expenses incurred in making 
such preliminary investigations, surveys and plans to an amount 
not exceeding fifty thousand dollars shall be paid from the pro- 
ceeds of the Riverbank subway bonds. Upon the construction 
of the respective tunnels and subways herein provided for such 
expenses shall be deemed a part of the cost thereof, and shall 
be charged to the respective subways and tunnels for which the 
expense was incurred. 

Section 15. The construction of the Dorchester tunnel, the 
Boylston street subway and the East Boston tunnel extension, 
hereinbefore authorized, shall be begun, in each respective case, 
immediately after the contract for the use of such tunnel or subway 
has been executed by the commission and the company. 

Section 16. In connection with the construction of any 
and alterations tunnel or subway authorized bv this act the commission may, for 

in routes etc ^ •• 

the purpose of avoiding objectionable curves or any practical or 
legal obstacles, vary or alter the routes herein respectively pre- 
scribed for the tunnels and subways, and for the said purposes 
may locate the tunnels, subways and stations or any of them, 
in whole or in part, on private or public lands. The commission 
may also, in connection with any tunnel or subway, construct 
such approaches, sidings, spur tracks, loops, entrances, inclines, 
elevators, connections and other structures as it may deem neces- 
sary. The commission may, with the consent of the company, 
make such alterations in the existing tunnels and subways, includ- 
ing stations and exits and entrances thereof, as it may deem neces- 
sary or advisable. 



Beginning of 
work, etc. 



Variations 



STAT. 1911, CHAP. 741. 99 

Section 17. The commission may make contracts in the ^ e ^° tgt0 
name of the city for the work herein authorized, but all contracts be in writing, 
involving two thousand dollars or more in amount shall be in etc - 
writing and signed by a majority of the commission; and no^such 
contract shall be altered except by an instrument in writing, signed 
by the contractor and a majority of the commission, and also by 
the sureties, if any, on the bond given by the contractor for the 
completion of the original contract. No such contract, and no 
alteration of any such contract, shall be valid or binding on the 
city unless executed in the manner aforesaid. 

Section 18. All work done under this act, under or near tepTopen fei 
public streets and places shall be conducted, so far as may be traffic - etc - 
practicable, in such manner as to leave such streets and places, 
or a reasonable part thereof, open for traffic between the hours 
of seven in the forenoon and six in the afternoon of each secular 
day, except legal holidays. 

Section 19. The commission may, for the purposes of this Public ways 
act, use public ways and lands without compensation therefor, maybe 
and may take, or acquire by purchase or otherwise for the city, used ' etc - 
lands in fee, and easements, estates and. rights in land, including 
the right to go under the surface thereof or through or under build- 
ings or parts of buildings thereon; and such taking in fee or 
otherwise may be made whether the lands taken or otherwise 
affected are held under or by title derived under eminent domain 
or otherwise, and may be made for the purpose of providing loca- 
tions for pipes, wires, conduits, and other structures the relocation 
of which is made necessary or expedient by the construction of 
any subway or tunnel authorized by this act. A taking under 
this section of an easement or other estate or right in a given 
parcel of real estate, whether such parcel consists of unimproved 
land or of land and buildings, may be confined to a portion or section 
of such parcel fixed by planes or other surfaces of division, below, 
above, or at the surface of the soil; and in such case no taking 
need be made of upper or lower portions or sections, except of 
such easements therein, if any, as the commission may deem nec- 
essary. The commission, to make any taking by right of eminent Taking to be 
domain, shall cause to be recorded in the registry of deeds for the recor e 
county of Suffolk a description of the lands, easements, estates or 
rights to be taken, as certain as is required in a common convey- 
ance of land, with the statement that the same are taken under 
authority of this act, which description and statement shall be 
signed by the commission; and the lands, easements, estates or 
rights therein described shall upon such recording be taken for 
and shall vest in the city. The commission shall, so far as may 
be practicable, notify all known owners of such taking, but the 
validity thereof shall not be affected by want of such notice. 

Section 20. The commission may sell the buildings and other structures 
structures upon any lands acquired by it, or may remove the acquired may 
same; and shall sell, if a sale be practicable, or if not shall lease, be sold, etc. 
any lands, or rights or interests in land or other property acquired 
for the purposes of this act, whenever the same shall, in the opinion 



100 



STAT. 1911, CHAP. 741. 



Damages. 



Temporary 
removal of 
tracks, etc. 



of the commission, cease to be needed for such purposes. The 
proceeds of such sales and leases, and the fair valuation of any 
such lands or other property no longer needed for the said pur- 
poses, but not actually sold, as agreed upon by the commission 
and the company, or in case of difference as determined by the 
board, shall be deducted from the cost of the tunnel or subway 
for the construction of which such lands or other property were 
acquired, for the purpose of ascertaining the rental thereof. 

Section 21. The commission shall determine and award the 
damages sustained by any person by reason of property taken or 
injured by the commission under authority of this act, except 
public ways or lands, and may agree with any such person as to 
the amount of his damages, which amount the city shall be liable 
to pay. If any such person is dissatisfied with such award, or 
cannot agree with the commission upon his damages, the same 
may be determined by a jury in the superior court for the county 
of Suffolk, on petition therefor of such person, or of the commis- 
sion, against the city, filed in the clerk's office within one year 
after the property is taken, entered on, or injured; and judgment 
shall be entered upon the determination of the jury and costs 
shall be taxed and execution issued in favor of the prevailing party 
as in civil cases. The members of the commission shall not be 
liable personally for any such damage. The provisions of sections 
seventeen to twenty-five, inclusive, and of section one hundred 
and fourteen, of chapter forty-eight of the Revised Laws, relating 
to procedure in case of damage to estates in which several parties 
have different or several interests shall apply to proceedings in 
such cases under this act. 

Section 22. The commission may order the temporary re- 
moval or relocation of any surface tracks, and the temporary or 
permanent removal or relocation of any conduits, pipes, wires, 
poles or other property of any person or corporation which it 
deems to interfere with the construction or operation of any tun- 
nel or subway authorized by this act, and shall grant new locations 
for any such structures so removed or relocated. Such orders, 
to the extent specified therein, shall be deemed a revocation of 
the right or license to maintain such tracks, conduits, pipes, wires, 
poles or other property, and the owner of any such structures in 
public ways or lands shall comply with the said orders without 
expense to the city. If any such owner shall fail to comply with 
the order of the commission within a reasonable time, to be fixed 
in the order, the commission may discontinue and remove such 
tracks, conduits, pipes, wires, poles or other property, and may 
relocate the same, and the cost of such discontinuance, removal or 
relocation shall be repaid to the city by the owner. No such dis- 
continuance, removal or relocation shall entitle the owner of the 
property thus affected to any damages on account thereof. Any 
such structures in or upon private lands may be removed and re- 
located by the commission, or if removed and relocated by the 
owner thereof, the reasonable expense shall be paid to him by the 
commission. Any gas or electric lighting company may shut off 



STAT. 1911, CHAP. 71>1. 



101 



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. 

Section 23. Debts incurred by the city for the construction 
of the Dorchester tunnel, the Boylston street subway and the 
East Boston tunnel extension, including the widening of Cam- 
bridge street authorized by this act, shall not be considered in 
determining the statutory limit of indebtedness of the city. 

Section 24. The company, for the equipment of the tunnels 
and subways authorized by this act, and for all expenditures by 
the company required or authorized hereby, from time to time, 
in the manner and subject to the requirements prescribed by law, 
may issue and dispose of such amounts of its capital stock or 
bonds, or of each, at its option, in addition to the amounts here- 
tofore authorized, as may be necessary therefor. 

In respect to the equipment, use and operation of the railway 
to be located in the tunnels and subways and transportation 
therein, the company shall have all the powers and privileges and 
be subject to all the duties, liabilities, restrictions and provisions 
set forth in general and special laws now or hereafter in force ap- 
plicable to it. To provide for proper connections of the tracks 
in any subway or tunnel authorized by this act with surface tracks, 
the company may make such alterations or extensions of its sur- 
face tracks and appurtenances as the board may approve. 

Section 25. Upon the determination by the commission 
of any important question relating to any plan or work herein 
provided for, except an award of or agreement upon damages, 
as provided in section twenty-one hereof, the company may, 
within three days after notice of such determination, apply to the 
board for a revision of the same, and thereupon the board may 
consider and finally determine such question. 

Section 26. The supreme judicial court and the superior 
court, upon application of any party in interest, including the 
city, the commission, the company or any ten taxable inhabi- 
itants of the city, may enforce or prevent violation of the fore- 
going provisions of this act by any appropriate process. 



Debts incurred 
not to be in- 
cluded within 
debt limit. 



Capital stock 
and bond3. 



Powers and 
privileges. 



Board to 
consider and 
determine 
certain 
questions. 



Jurisdiction 
of court. 



PART II. 



RELATIVE TO CONTRACTS FOR THE USE OF SUBWAYS AND TUNNELS 
WITHIN THE CITY OF BOSTON. 

Section 27. The contract for the use of the Tremont street Extension of 
subway, so-called, shall be extended for a term beginning with theTremont 
the expiration of said present contract and ending on the first day |*™ et su b wa y. 
of July, nineteen hundred and thirty-six, upon the same terms and 
conditions stated in said existing contract, except as is otherwise 
provided herein. The rental, from and after the expiration of 
the present contract, shall be a sum equal to four and one half 
per cent per annum on the net cost of said Tremont street subway. 



102 



STAT. 1911, CHAP. 741. 



Extension of 
lease of the 
Eaat Boston 
tunnel, etc. 



Extension of 
contract for 
the use of the 
Washington 
street tunnel, 
etc. 



Term of 
contract 
and rate of 
rental, etc., 
for the 
Cambridge 
connection. 



Term of 

contract 
and rate of 
rental, etc., 
of the 
Dorchester 
tunnel. 



— of the 
Boylston 
street subway. 



— of the 
East Boston 
tunnel ex- 
tension. 



Section 28. The lease of the East Boston tunnel to the Bos- 
ton Elevated Railway Company shall be extended from the tenth 
day of June, nineteen hundred and twenty-two, until the first 
day of July, nineteen hundred and thirty-six, upon the same 
terms and conditions contained in the existing lease, except as 
is otherwise hereinafter expressly provided. The rental, after the 
tenth day of June, nineteen hundred and twenty-two, shall be 
a sum equal to four and one half per cent per annum on the net 
cost of the tunnel. The provision for the collection of tolls from 
passengers using the tunnel shall be eliminated from such ex- 
tension. 

Section 29. The contract with the Boston Elevated Railway 
Company for the use of the Washington street tunnel shall be 
extended from the expiration of the present contract, on the 
thirtieth day of November, nineteen hundred and thirty-three, 
until the first day of July, nineteen hundred and thirty-six, such 
extension to be upon the same terms and conditions as are con- 
tained in the present contract, except as is otherwise provided 
hereinafter. The rental during such extension shall be at the 
rate of four and one half per cent per annum upon the net cost 
of the tunnel. 

Section 30. The contract to be made with the Boston 
Elevated Railway Company for the use of the tunnel of the Cam- 
bridge connection, so-called, under the provisions of section 
twenty-three of chapter five hundred and twenty of the acts of 
the year nineteen hundred and six, shall be for a term ending on 
the first day of July, nineteen hundred and thirty-six. The rental 
for a period of twenty years from the opening for use of the said 
tunnel shall be four and seven eighths per cent per annum upon 
the net cost of the tunnel, and thereafter until the first daj^ of 
July, nineteen hundred and thirty-six, shall be at the rate of four 
and one half per cent per annum upon its net cost. 

Section 31. The contract for the use of the Dorchester tunnel 
to be made with the Boston Elevated Railway Company, as pro- 
vided in sections three and thirty-eight of this act, shall be for a 
term ending on the first day of July, nineteen hundred and thirty- 
six, and the rental shall be at the rate of four and one half per 
cent per annum upon the net cost of the said tunnel. 

Section 32. The contract for the use of the Boylston street 
subway, to be made with the Boston Elevated Railway Company, 
as provided in sections seven and thirty-eight of this act, shall be 
for a term ending on the first day of July, nineteen hundred and 
thirty-six, and the rental shall be at the rate of four and one half 
per cent per annum upon the net cost of the said subway. 

Section 33. The contract for the use of the East Boston 
tunnel extension to be made with the Boston Elevated Railway 
Company, as provided in sections twelve and thirty-eight of this 
act, shall be for a term ending on the first day of July, nineteen 
hundred and thirty-six, and the rental shall be at the rate of four 
and one half per cent per annum upon the net cost of the said 
extension. 



STAT. 1911, CHAP. 741. 103 

Section 34. All contracts for the use of the several subways Term of 
and tunnels provided for in sections twenty-seven, twenty-eight, ^actVeto. 
twenty-nine, thirty, thirty-one, thirty-two and thirty-three of 
this act shall continue in force after the first day of July, nineteen 
hundred and thirty -six, upon the same terms and conditions 
except as to the termination thereof, unless and until said con- 
tracts are terminated by notice either from the city of Boston or 
from the Boston Elevated Railway Company, as hereinafter 
provided. The city of Boston may terminate all said contracts 
on the first day of July, nineteen hundred and thirty-six, or 
on the first day of July of any year thereafter by giving at least 
two years' prior notice in writing, which notice it shall be the duty 
of the mayor of the city to give if directed so to do by an act of 
the general court, or if directed so to do by a vote of the city 
council of the city, approved by the board of railroad commis- 
sioners. The Boston Elevated Railway Company may likewise Certain 
terminate all said contracts on the first day of July, nineteen maybe* 8 
hundred and thirty-six, or on the first day of July of any year terminated, 
thereafter by giving to the mayor of the city at least two years' 
prior notice in writing. No notice on the part of either the city 
or the company shall be given more than three years prior to the 
date therein fixed for termination. 

Section 35. The words " consolidated transit loan" as used The phrase 
in this act shall mean the bonds which have now been, or may twISt toiS" 
hereafter be, issued by the city of Boston to pay for the construe- construed, 
tion of the Tremont street subway, the East Boston tunnel, the 
Washington street tunnel, the tunnel of the Cambridge connection, 
so-called, the proposed Dorchester tunnel, the proposed Boylston 
street subway, and the proposed East Boston tunnel extension, 
and also the bonds issued under authority of chapter five hundred 
and seventy- three of the acts of the year nineteen hundred and 
seven. 

Subject to the requirements of existing acts, the rentals of all Rentals 
said subways and tunnels are hereby pledged to secure the pay- pay^/of 
ment of the principal and interest of the consolidated transit loan, 
loan. All bonds hereafter issued by the city of Boston to provide 
for the construction of tunnels and subways shall be for such a 
term of years, not less than thirty years and not exceeding forty- 
five years, as the city treasurer of the city with the approval of 
the mayor may fix: provided, however, that before the term of any Proviso, 
of such bonds shall be fixed at less than forty-five years, the city 
treasurer shall file with the city clerk a certificate that in his 
opinion the sinking funds provided for the retirement of the 
consolidated transit loan will be adequate to provide for the pay- 
ment of such bonds at the maturity thereof. 

The treasurer of the city of Boston may at any time, with the Bonds to be 
written approval of the mayor, issue bonds payable in install- f^uments 
ments, as provided in section twenty-six of chapter four hundred 
and eighty-six of the acts of the year nineteen hundred and nine, 
instead of sinking fund bonds as above provided. 



104 



STAT. 1911, CHAP. 74T. 



Abolition of a 
certain toll. 



Excess rentals, 
how applied. 



Execution of 
certain 
contracts, etc. 



Section 36. In order to provide for the abolition at the earliest 
possible date of the toll required of passengers using the East 
Boston tunnel, and in order to provide for the payment of the 
bonds issued for the Washington street tunnel, the rental received 
from the proposed Dorchester tunnel, from the proposed Boylston 
street subway and from the proposed East Boston tunnel exten- 
sion, if the same shall be constructed, over and above the amount 
required to pay the interest on the bonds issued therefor, and the 
rental received from the Tremont street subway, over and above 
the amount required to meet the interest and sinking fund re- 
quirements of the bonds issued therefor, shall, in addition to the 
rental payable by the Boston Elevated Railway Company under 
the lease of the East Boston tunnel, be applied to meet the interest 
and sinking fund requirements of the bonds issued for the con- 
struction of the East Boston tunnel; and in so far as such rentals 
may not be required for that purpose they shall be applied, in 
addition to the rental payable for the Washington street tunnel, 
to meet the interest and sinking fund requirements of the bonds 
issued for the construction of said Washington street tunnel. 

Section 37. The excess rentals of the East Boston tunnel, the 
Tremont street subway, the Washington street tunnel, the pro- 
posed Dorchester tunnel, the proposed Boylston street subway 
and the proposed East Boston tunnel extension, if the same shall 
be built, not needed to provide for the interest and sinking fund 
requirements specified in the preceding section, and any rental 
of the tunnel of the Cambridge connection, so-called, not needed 
to provide for the interest and sinking fund requirements of the 
bonds issued therefor, shall be applied, so far as may be necessary 
to meet the interest, sinking fund and installment requirements 
of the other bonds constituting the consolidated transit loan. 

Section 38. Within ninety days after this act takes full 
effect the commission, acting on behalf of the city of Boston, 
and the Boston Elevated Railway Company shall execute a con- 
tract upon the terms and conditions hereinbefore prescribed for 
the use of the proposed Dorchester tunnel authorized by section 
one of this act; and shall likewise, within the same period, execute 
a contract upon the terms and conditions hereinbefore stated 
for the use of the proposed Boylston street subway authorized by 
section five of this act; and shall likewise, within the same period, 
execute a contract upon the terms and conditions hereinbefore 
prescribed for the use of the proposed East Boston tunnel extension 
authorized by section ten of this act; and shall likewise within 
the same period, execute a contract for the use of the tunnel of 
the Cambridge connection, so-called, upon the terms and upon the 
conditions hereinbefore prescribed, unless such contract has already 
been executed upon the terms and upon the conditions prescribed 
by law at the date of such execution, and, in case such contract 
has already so been executed, shall execute alterations of the 
same, readjusting the terms and conditions thereof so as to con- 
form to the terms and conditions prescribed in this act; and shall 
likewise, within the same period, execute extensions of the exist- 



STAT. 1911, CHAP. 7^1. 105 

ing contracts for the use of the Tremont street subway, of the 
East Boston tunnel, and of the Washington street tunnel, all 
upon the terms and upon the conditions hereinbefore prescribed. 

Section 39. The contracts and extensions of contracts for Rights of the 
the use of the several tunnels and subways executed in accordance r°S?c?ty e of 
with the authority conferred by this act shall not in any respect f^^^° % 
impair any right which the commonwealth or the city of Boston 
or any other licensee of the commonwealth may at any time have 
to take the railway properties of the Boston Elevated Railway * 
Company. In the event of such taking the compensation to be 
paid to the company shall not be enhanced by reason of such con- 
tracts or extensions of contracts, nor shall it be diminished because 
of the fact that without such contracts or extensions of contracts 
the connection between different parts of said properties might 
be cut off. 

Section 40. The use and control of the tunnels and subways Use and 
specified in this act shall be held by the Boston Elevated Railway Snneis, ^ 6 
Company subject to the rights, if any, which the West End Street 
Railway Company may have under the provisions of Article II 
of its lease to the Boston Elevated Railway Company dated Decem- 
ber nine, eighteen hundred and ninety-seven, as modified in 
accordance with law. 

Section 41. Section fourteen of Part I of this act shall take Time of 
effect upon its passage. The remaining provisions of this act takin s effect - 
shall not take effect until it shall have been accepted both by 
vote of the city council of the city of Boston, approved by the 
mayor, and by the Boston Elevated Railway Company by vote 
of its board of directors. Such acceptances shall be evidenced 
by certificates thereof filed with the secretary of the common- 
wealth. If the act is not so accepted by the Boston Elevated 
Railway Company and by the city of Boston within fifteen days 
after the West End Street Railway Company shall, at a meeting 
of stockholders specially called for the purpose, have voted upon 
the question whether or not it shall sell its property, privileges 
and franchises to the Boston Elevated Railway Company, as 
provided in chapter seven hundred and forty of the acts of the 
year nineteen hundred and eleven, this act shall become void. 
[Approved July 20, 1911.] 

The foregoing act was accepted by the city of Boston, and 
acceptance was filed on September 21, 1911. It was accepted by 
the Company on September 13, 1911, and acceptance was filed 
on September 14, 1911. 



106 STAT. 1912, CHAP. 640. 



Stat. 1912, Chap. 485. 

Ax Act to authorize the Leasing of Parts of the 
Entrance and Approach to the Subway at Canal, 
Causeway and Haverhill Streets in the City of 
Boston. 

Be it enacted, etc., asfolloivs: 

Section 1. The Boston Elevated Railway Company may, 
for such purposes other than the sale of intoxicating liquor as 
the mayor of the city of Boston shall approve, lease such por- 
tion of the premises used in part for the entrance and approach 
to the subway at Canal, Causeway and Haverhill streets in 
the city of Boston as will not interfere with the free passage of 
passengers and with passenger transportation at such entrance 
and approach. 

Section 2. This act shall take effect upon its passage. 
[Approved April 13, 1912.} 



Stat. 1912, Chap. 640. 

An Act to authorize the Bay State Street Railway 
Company to lease its Railway and Property in 
the City of Chelsea. 

Be it enacted, etc., as follows: 

Section 1. The Bay State Street Railway Company, by 
votes of its board of directors and of a majority in interest of 
its stockholders present and voting at a meeting called for the 
purpose, may lease to the Boston Elevated Railway Company 
the whole or any part of that part of its railway and property 
located within the city of Chelsea, with such of the rights and 
privileges connected therewith, and for such period and upon 
such terms, and to such extent, as the parties to the lease shall 
agree upon, and as shall be approved by the board of rail- 
road commissioners: and the Boston Elevated Railway Corn- 
pan}' may accept the lease by votes of its board of directors 
and of a majority in interest of its stockholders present and 
voting at a meeting called for the purpose; and the Boston 
Elevated Railway Company, after such lease or assignment 
of lease to it. may use and operate the leased railway and prop- 
erty, rights and privileges as a part of the system of railway 
owned or operated by it. The Bay State Street Railway 
Company, if it makes such lease, may, to such extent and 
in such instances as the board of railroad commissioners shall 
approve, anything to the contrar}- notwithstanding in the pro- 



STAT. 1912, CHAP. 644- 107 

visions of section fifty-two of Part III of chapter four hundred 
and sixty-three of the acts of the year nineteen hundred and 
six, as amended by chapter three hundred and fifty-seven^ of 
the acts of the year nineteen hundred and eleven, and of section 
fifty-five of said Part III, and in other provisions of law appli- 
cable thereto, readjust the fares and the distances covered by 
fares on other parts of its system established prior to or in 
connection with the purchase of or consolidation with other 
street railway companies. 

Section 2. Nothing in section 1 shall be construed as a 
legislative determination that there should be a readjustment 
of fares or of distances covered by fares, as contemplated in 
that section, and the board of railroad commissioners shall be 
free to consider any reason for or against such readjustment of 
fares and distances covered by fares. 

Section 3. This act shall take effect upon its passage. 
[Approved May 24, 1912.] 



Stat. 1912, Chap. 644. 

An Act to authorize the Bay State Street Railway 
Company to lease its Railway and Property in 
the Hyde Park District of the City of Boston. 

Be it enacted, etc., as follows: 

Section 1. The Bay State Street Railway Company, by 
votes of its board of directors and of a majority in interest of 
its stockholders present and voting at a meeting called for the 
purpose, may lease to the Boston Elevated Railway Company 
or to the West End Street Railway Company the whole or 
any part of that part of its railway and property located within 
the Hyde Park district of the city of Boston, with such of the 
rights and privileges connected therewith, and for such period 
and upon such terms, and to such extent, as the parties to the 
lease shall agree upon, and as shall be approved by the board 
of railroad commissioners; and either the Boston Elevated 
Railway Company or the West End Street Railway Company 
may accept the lease by votes of its board of directors and of 
a majority in interest of its stockholders present and voting 
at a meeting called for the purpose. If the said lease is made 
to the West End Street Railway Company, that company 
may assign the same, and all its rights thereunder, for the 
whole or for a part of the term of the lease, to the Boston Ele- 
vated Railway Company; and the Boston Elevated Railway 
Company, after such lease or assignment of lease to it, may 
use and operate the leased railway and property, rights and 
privileges as a part of the system of railway owned or operated 
by it. The Bay State Street Railway Company, if it make 



108 STAT. 1912. CHAP. 644- 

the said lease, may, to such extent and in such instances as 
the board of railroad commissioners shall approve, anything 
to the contrary notwithstanding in the provisions of section 
fifty-two of Part III of chapter four hundred and sixty-three 
of the acts of the year nineteen hundred and six, as amended 
by chapter three hundred and fifty-seven of the acts of the 
year nineteen hundred and eleven, and of section fifty-five 
of said Part III, and in other provisions of law applicable 
thereto, readjust the fares and the distances covered by fares 
on other parts of its system established prior to, or in con- 
nection with, the purchase of or consolidation with other 
street railway companies. 

Section 2. Nothing in section one shall be construed as 
a legislative determination that there should be a readjustment 
of fares, or of distances covered by fares, as contemplated in 
that section, and the board of railroad commissioners shall be 
free to consider any reason for or against such readjustment 
of fares and distances covered by fares. 

Section 3. This act shall take effect upon its passage. 
[Approved May 24, 1912.] 



Part II. 
SURFACE RAILWAY LEASES. 



WEST END STREET RAILWAY CO. 

WITH 

BOSTON ELEVATED RAILWAY CO. 

Lease 
[Dated December 9, 1897]. 

THIS INDENTURE, made in duplicate, this ninth day of 
December, a.d. 1897, by and between the West End Street 
Railway Company, a corporation existing under and by virtue 
of the laws of the Commonwealth of Massachusetts, party of the 
first part, and hereinafter denominated the "Lessor," and the 
Boston Elevated Railway Company, a corporation existing 
under and by virtue of the laws of the said Commonwealth, party 
of the second part, and hereinafter denominated the " Lessee," 

Witnesseth, That the said parties, each for itself, its suc- 
cessors and assigns, and each in consideration of the grants, cove- 
nants and engagements herein made by the other, have granted, 
covenanted and agreed, and do hereby grant, covenant and agree, 
each to and with the other, and its successor and assigns, as follows, 
to wit: 

I. 

The Lessor doth grant, assign, transfer, demise and lease unto 
the Lessee, its successors and assigns, subject to all legal obliga- 
tions and encumbrances thereon, its railway and property of every 
description; including therein its railway, branches, tracks, side- 
tracks, road-beds, lands, stations and station grounds, viaducts, 
shops, car-houses, power-houses, buildings, fixtures, cars, horses, 
rolling stock, machinery, tools, furniture, patents, licenses, tele- 
graphic and electrical apparatus, poles, wires, conduits, equip- 
ment, material and supplies and cash on hand at the inception of 
this lease, and all accounts and notes receivable, whether secured 
by mortgage or otherwise, and all rights, franchises, easements, 
privileges and appurtenances thereto belonging, together with the 
right to demand and receive all tolls, rent, revenue, income and 
profits of the demised premises; including therein, subject to all 
the duties, obligations and undertakings thereby imposed, all the 
rights, privileges and powers granted and conveyed to the Lessor 
by a certain contract between it and the City of Boston, acting by 
the Boston Transit Commission, dated December 7th, a.d. 1896; 
and also including therein, subject to all legal obligations and en- 
cumbrances thereon, all the right, title and interest of the Lessor 
in and to any and all street railways operated by it, directly or in- 
directly, under lease or operating contract or through ownership 
of stock or otherwise, and in and to any stock of other street rail- 



112 LEASES. 

way companies, all dividends thereon, and its right of voting there- 
on, and in and to any bonds, obligations and contracts of or with 
other corporations or individuals and all income or other ad- 
vantages and benefits to be derived therefrom. 

To have and to hold all and singular the demised premises 
to the Lessee, its successors and assigns, for and during the term 
of twenty-four years eight months and nine days from and after 
the first day of October a.d. 1897, the said Lessee keeping and 
performing the covenants herein contained on its part to be 
kept and performed and yielding and paying rent for the said 
premises to the amount and in the manner following, to wit : 

1. The Lessee shall pay all operating expenses of the Lessor and 
of all railways of which it shall come into possession under and 
by virtue of this instrument, there being included therein, as part 
thereof, all repairs and, subject to the provisions of Article VI., 
all renewals; all expenditures arising out of any contract, obliga- 
tion, business, negligence or misfeasance, or however otherwise 
arising, and whether the liabilit}' for the same now exist or be 
hereafter created, in any way connected with the use and operation 
of the demised premises, except the scheduled indebtedness here- 
inafter mentioned, and including damages to persons or property, 
insurance, taxes of every description, federal, state or municipal, 
levied upon the Lessor's property, income, business, franchises or 
capital stock, or by law required to be deducted from any amounts 
payable upon the Lessor's stock; all expenses consequent upon 
or incidental to the renewal or refunding of the Lessor's indebted- 
ness, or that of any company for which it is responsible ; all neces- 
sary legal expenses of the Lessor; all expenses incidental to the 
transfer and registration of the Lessor's stock and bonds, provided 
that the Lessee shall have the right to designate from time to time 
the registration and transfer agents, and if at any time the Lessor 
is dissatisfied with the responsibility of any transfer or registration 
agent so designated another agent shall be designated unless the 
Arbitral Board hereinafter mentioned shall approve of the continu- 
ance of the first agent; any expenditures hereinafter declared to 
be operating expenses; and the expenses of maintaining the organi- 
zation of the Lessor, for which expenses, in addition to sufficient 
and suitable offices in Boston, with appropriate furniture and fit- 
tings to be supplied by the Lessee, there shall be paid to the Lessor 
at the end of each successive six months during the term of this 
lease, the sum of three thousand seven hundred and fifty (3750) dol- 
lars; provided, however, that the Lessor shall, from the proceeds of 
bonds heretofore issued or authorized, or of stock or bonds, or both, 
hereafter to be issued and authorized, as provided in Article IV., 
from time to time repay to the Lessee all sums which the Lessee 
shall pay on account of any indebtedness existing at the date hereof 
which has been incurred for permanent additions or improvements 
to the demised property, or which it may be obliged to pay under 
any existing contract for like purposes, or which it may be obliged 
to pay for the purpose of completing any work in the nature of such 
permanent additions or improvements already in part or in whole 



WEST END STREET RAILWAY CO. 113 

contracted for by the Lessor; and provided further that the Les- 
sor shall at the expiration or earlier termination of this lease 
reimburse the Lessee for all sums which it, the Lessee, may be 
obliged to pay on account of any indebtedness or liability of the 
Lessor existing or incurred prior to the inception of this lease 
other than for permanent additions or improvements, and also for 
such proportional part of all rentals, taxes, interest and dividend 
charges on preferred and common stock, as shall have accrued prior 
to the date hereof and shall be paid by the Lessee. 

2. The Lessee, during the continuance of this lease, shall pay, 
as the same may from time to time become due, the rental of any 
railway of which it shall come into possession, by virtue of this 
lease ; shall pay to the holders thereof the interest on the existing 
indebtedness of the Lessor and on the existing indebtedness of 
any street railway company whose indebtedness the Lessor is 
under obligation to pay, a schedule whereof is hereto annexed, and 
the interest upon any future indebtedness created in the man- 
ner hereinafter provided. The Lessee shall assume and pay the 
current expenses and indebtedness upon open account of the 
Lessor outstanding at the inception of this lease, and the same 
shall be accounted for and reimbursed to the Lessee from the 
proceeds of stock or bonds as hereinbefore provided so far as 
the indebtedness is for permanent additions or improvements, and 
at the expiration or earlier termination of this lease so far as the 
indebtedness is not for permanent additions and improvements. 

The Lessor shall turn over to the Lessee all cash on hand, all 
bills, notes and accounts receivable outstanding at the inception 
of this lease, and all sums received thereon and all cash on hand 
shall be accounted for and paid over to the Lessor without interest 
at the expiration or earlier termination of this lease, together with 
a sum equal to all then accrued and unpaid rentals, taxes, interest 
and dividend charges on preferred and common stock; provided, 
however, that so far as proceeds of bonds heretofore issued under 
authority of the Railroad Commissioners or authorized by them are 
received by the Lessee under this Indenture, such proceeds shall be 
applied by the Lessee to the specific purposes for which said bonds 
were authorized, and the Lessee shall not be obliged to account 
therefor except by showing that such proceeds have been so applied. 

3. The Lessee shall on the first day of April, 1898, and there- 
after on the first days of October and April in each year during 
the continuance of this lease, pay to each holder of record of com- 
mon stock of the Lessor a sum equal to one dollar and seventy- 
five cents for each and every share of common stock so held by 
him, and shall, on the first days of January and July in each year, 
during the continuance of this lease, pay to each holder of record 
of the preferred stock of the Lessor a sum equal to two dollars 
per share for each and every share of preferred stock so held 
by him; it being the intent hereof that the holders of common 
stock of the Lessor shall receive three and one-half (3J/£) per 
cent, semi-annually, net, and the holders of preferred stock four 
(4) per cent, semi-annually, net, during each and every year this 



114 LEASES. 

lease continues in force. The Treasurer of the Lessor shall, at 
least five days before each date of payment, furnish the Lessee 
with a certificate list of the holders of record of the common or pre- 
ferred stock of the Lessor entitled to dividends on such date. 

II. 

The Lessee, as assignee hereunder of the contract of the Lessor 
with the City of Boston for the use of the subway, dated December 
7th, 1896, hereby assumes all liabilities of the Lessor under said 
contract, shall punctually pay to the City of Boston the com- 
pensation therein stipulated at the times and in the manner therein 
set forth, and shall fulfil every obligation, express or implied, 
therein devolved upon the Lessor in the same manner and with the 
same effect as if said contract had been made with the Lessee. 

Such alterations of said subway and its approaches as may be 
necessary to connect the same with the Lessee's road and to adapt 
the same to the use of the Lessee's road, shall, if made by the 
Lessee, with the approval of the Transit Commission, be borne 
exclusively by the Lessee; if, however, said alterations are made 
by the Transit Commission upon request of the Lessee, pursu- 
ant to the provisions of section 12 of chapter 500 of the Acts of 
1897, nothing herein shall be construed as requiring the Lessor to 
make or join in snay agreement respecting the same ; provided, how- 
ever, that at the expiration or earlier termination of this lease, said 
subway, if it shall then be in the control of the Lessee, shall be de- 
livered to the Lessor in as good order and repair as the same shall 
be in when the use thereof shall be begun under said contract, and 
so that the same shall be equally well fitted for the independent use 
and operation thereof by the Lessor. 

Any failure to comply with the terms of said subway contract by 
the Lessee shall be deemed a violation of the covenants of this 
lease, giving the Lessor the rights and remedies herein provided in 
case of violation, including a right of entry and repossession if such 
failure shall have continued for sixty days ; provided, however, that 
if the Lessor shall at any time deem it necessary for its own protec- 
tion, it may itself make any payment required by said subway con- 
tract and may fulfil any other provision thereof, and in every such 
case, while retaining unimpaired all its rights and remedies against 
the Lessee shall have the right to require the lessee to indemnify 
it for all money thus expended and for all loss thus sustained. 

The Lessee, in anticipation of the expiration of said subway con- 
tract, shall use its best endeavors to agree with the City of Boston 
upon a new contract for a renewal or extension of the same upon 
the most favorable terms practicable, in which said new contract 
shall be embodied stipulations satisfactory to the Lessor, providing 
for the use and control of said subway by the Lessor upon the ex- 
piration or earlier termination of this lease. 

All of the provisions of this lease applicable to said existing sub- 
way contract shall apply to any contract renewing or extending the 
same in the same manner and with the same effect as if said new 
contract had been in existence at the inception of this lease. 



WEST END STREET RAILWAY CO. 115 

Extensions of said subway under the existing contract shall not 
be requested nor promoted by the Lessee except with the consent of 
the Lessor first had and obtained. In the event of any extension 
thereof under any other contract, or of the construction of any new 
subway, the use and control thereof if acquired by the Lessee shall 
be so acquired that upon the expiration or earlier termination of 
this lease, if such extension or new subway constitutes an essential 
part of the Lessor's surface system, the same shall belong to the 
Lessor; that if such extension or new subway constitute an essen- 
tial part of the Lessee's system, the same shall belong to the 
Lessee; that if such extension or new subway be capable of con- 
current use by both systems, provision shall be made for such 
concurrent use by both Lessor and Lessee; and that if such exten- 
sion or new subway constitute an essential part of both systems, 
but be incapable of concurrent use by both, the Arbitral Board 
provided for by Article XII. , shall determine, in view of all the 
equities of the case and of all the private and public considerations 
involved, to which of said systems the use and control of said new 
extension or new subway shall belong. 

Provided, however, that the right of said Arbitral Board to assign 
the use and control of said new extension or new subway to the 
Lessee shall not affect or impair, nor be affected or impaired by, 
the obligation hereinafter imposed upon the Lessee to return the 
Lessor's road without break of continuity or connection. 

III. 

The Lessee shall assume all traffic balances due from the Lessor 
to other companies; shall assume and have the benefit of all con- 
tracts of the Lessor for equipment, supplies and material and all 
other contracts and liabilities of the Lessor to and with individuals 
or corporations express or implied (its contracts with the holders of 
its indebtedness as scheduled excepted) ; shall assume and defend 
all suits against the Lessor arising out of or in any way connected 
with the past or future use or operation of the railways demised or 
directly or indirectly operated by the Lessee under and by virtue 
of this instrument, and shall pay all judgments obtained thereon 
against the Lessor or which the Lessor is under obligation to as- 
sume; and shall assume and discharge all liabilities of the Lessor 
except as herein otherwise provided. 

IV. 

The Lessee shall pay the interest upon any portion of the indebt- 
edness of the Lessor or of any Company for whose indebtedness 
the Lessor is responsible that shall be renewed or extended during 
the term of this lease in like manner as upon the same indebtedness 
before renewal or extension. 

In case it shall become necessary under the provisions of this 
lease for the Lessor to make payment for permanent additions, 
alterations or improvements to the demised premises, or to pay or 



WSMi mANSPORTATJQN LIBRARY 

10 PARK PLAZA 

BOSTON, MA 02116 






116 LEASES. 

refund any portion of the indebtedness mentioned in the annexed 
schedule, or any indebtedness hereafter incurred and scheduled, or 
to pay or fund any indebtedness contracted for permanent addi- 
tions and improvements prior to the inception hereof, or to make 
any repayments to the Lessee for expenditures made by it for the 
foregoing purposes, the Lessor shall, from time to time at the request 
of the Lessee, issue additional stock or bonds, or both, to an amount 
sufficient for the purpose so far as it may legally have or can obtain 
the right so to do. In such cases the Lessor shall, at the expense 
and under the direction of the Lessee, do all such acts and things as 
may be necessary or proper to obtain the requisite authority for 
the issue desired from the Board of Railroad Commissioners or from 
any other board having jurisdiction in the premises or from the 
Legislature. Said stock and bonds so issued shall, except so far as 
other provision is made by law, be sold under the direction of the 
Lessee. In so far as the proceeds of any issue of stock or bonds 
exceed the amount to obtain which the issue has been authorized, 
the excess shall be paid over to the Lessee to be invested by it in 
permanent additions, alterations or improvements to the demised 
property, under the provisions of Article VI. 

The Lessee shall in all cases have authority as between the parties 
to decide whether stock or bonds, or both, and what amount 
thereof, shall from time to time be issued, and shall also have the 
right to determine the rate of interest upon all interest-bearing 
obligations, and the time for which they shall run, whether the 
same are issued for the purpose of refunding or paying indebted- 
ness or for the purpose of paying for permanent additions, altera- 
tions or improvements to or upon the demised property; provided, 
however, that no bonds shall be issued in excess of the outstanding 
capital stock of the Lessor; that no bonds shall be issued to become 
payable after the expiration of this lease without the consent of the 
Lessor; that all bonds shall be payable in lawful money of the 
United States, unless, in the case of bonds issued to refund gold 
bonds of the Lessor already outstanding, the parties shall other- 
wise agree ; that no such bonds shall be sold at less than par ; and 
that the benefit of all reductions in interest shall accrue to the Lessee. 
All stock issued as provided in this article shall from the time of 
such issue be deemed part of the Lessor's capital stock within the 
provisions of Clause 3 of Article I. of this Indenture, and all bonds 
so issued shall be scheduled and the interest paid as part of the 
Lessor's indebtedness under and pursuant to Clause 2 of Article I. 

V. 

The Lessee shall have the right of voting on all stock owned by 
the Lessor in other corporations, and said stock shall not be sold or 
otherwise disposed of except with the assent of both the Lessor and 
the Lessee. 



WEST END STREET RAILWAY CO. 117 



VI. 

The Lessee shall have the right at its own expense to alter the 
tracks of the demised railway and to build such sidingsand branches 
as may be necessary to connect the demised railway with the sta- 
tions or railroad of the Lessee. 

The Lessee may from time to time make such additions to, altera- 
tions and improvements in the demised railway, its rolling stock, 
tracks, equipment, power-houses, car-houses, stations, structures 
and appurtenances, as it may deem necessary for the purpose of 
making better provisions for the due and safe transportation of 
the public, or for the purpose of complying with any requirement 
of law or public or municipal authority, or for the purpose of 
reducing the operating expenses of the demised railway. 

The Lessor shall from time to time, either from moneys received 
by the Lessee under Article VII. or from the proceeds of stock and 
bonds lawfully authorized, and in no other manner, repay to the 
Lessee the cost of such permanent additions, alterations and im- 
provements made by the Lessee, as the Lessor may consent to, or, 
if such consent be refused, as the Arbitral Board provided for in 
Article XII. shall determine that the Directors of the Lessor, if 
actually operating the Lessor's road, would be justified in making 
in the interest of the Lessor. 

Permanent additions, alterations and improvements for which 
the Lessor may be called upon to pay under the provisions of this 
lease shall consist of, — 

(1) The abolition of grade crossings. 

(2) Additional rolling stock and its equipment. 

(3) Additional track mileage and its equipment. 

(4) Additional real estate. 

(5) Additional stations, additional power-houses with their equip- 
ments, and additional car-houses with their equipments. 

(6) Additional bridges, buildings and other structures. 

(7) Renewals of or substitutions for stations, bridges, buildings 
and other structures, tracks and equipment, rolling stock and 
equipment, power-houses and equipment and car-houses and equip- 
ment, so far as the cost of such renewals or substitutions exceeds 
the cost, when new, of the things renewed or the things replaced. 

Provided, however, that the road of the Lessor shall so far as 
practicable continue unimpaired in length and value ; that no part 
of the same shall be voluntarily discontinued except with the con- 
sent of the Lessor; that road discontinued by compulsion of law in 
consequence of the result of the construction and operation of the 
Lessee's elevated road, shall, within a reasonable time, be made 
good to the Lessor by other road of equal value constructed by the 
Lessee at its own expense, or otherwise shall be paid for at its value 
in money to be applied as in the case of the proceeds of real estate 
under Article VII.; and that new track mileage shall be deemed a 
permanent addition or improvement hereunder only when in- 
creasing the mileage of the Lessor's road as existing at the incep- 
tion of this lease, or when exceeding in cost the cost of road pre- 



118 LEASES. 

viously discontinued, and then only to the extent of such increase 
or such excess of cost. Track mileage discontinued or removed 
from Tremont Street in Boston between Boylston Street and 
Scollay Square and from Boylston Street between Park Square 
and Tremont Street under the provisions of section 35, chapter 
548, Acts of 1894, and all track mileage discontinued under com- 
pulsion of law which has been paid for by the Lessee as above 
provided, shall, for the purpose of computing additional mileage 
to be paid for by the Lessor, be deducted from the aggregate 
mileage of the Lessor's road existing at the inception of this lease. 

Any moneys from time to time in the possession of the Lessee 
which are by the terms of this Indenture applicable to such pur- 
pose shall first be applied to the repayment to the Lessee of the 
cost of permanent additions, alterations and improvements, and 
only the balance remaining unpaid shall be paid from the proceeds 
of stock or bonds or both to be issued by the Lessor as provided 
in Article IV. 

The Lessee shall have the right to apply for the necessary consent 
of the Lessor or for the necessary certification or determination of 
said Arbitral Board either before said additions, alterations and 
improvements are made or within one year thereafter. 

The Lessee shall not directly or indirectly locate or construct, or 
through any agency or device promote or aid in the location or con- 
struction of any surface street railway paralleling or in any way 
competing with any surface street railway, or any portion thereof, 
demised to or directly or indirectly operated by the Lessee by 
virtue of this lease. 

VII. 

Real estate of the Lessor in the judgment of the Lessee not re- 
quired by the Lessee for the conduct of its business may be sublet 
by the Lessee for a period not longer than the expiration or other 
earlier termination of this lease. 

Such real estate may also be sold with the consent of the Lessor 
to be given upon the reasonable request of the Lessee, and the pro- 
ceeds of said sale shall be received by the Lessee and applied either 
to purchasing and retiring the outstanding indebtedness of the Les- 
sor as scheduled or to making permanent additions, alterations or 
improvements upon the property demised or operated by virtue of 
this lease, — as the parties hereto may agree. If such proceeds are 
applied to retire outstanding indebtedness, the annual rental to be 
paid by the Lessee under Clause 2 of Article I. hereof shall be re- 
duced by the amount of the saving in interest charges thereby 
effected. 

If the parties are unable to agree as to whether a sale of said 
real estate is reasonable or upon the terms thereof or upon the ap- 
plication of the proceeds, the matters in difference shall be deter- 
mined by the arbitrators provided for in Article XII. hereof. 

If the City of Boston, upon the expiration or any earlier termi- 
nation of said Subway contract, shall take over and become the 
owner of the tracks, wires, appliances, fixtures, machinery and 



WEST END STREET RAILWAY CO. 119 

other equipment of said Subway, any money paid for the same, so 
far as such money shall represent Subway equipment supplied 
by the Lessor, shall be applied or disposed of in the manner in 
this Article prescribed respecting the proceeds of sale of real estate. 
The Lessee shall also receive any money paid by the City of 
Boston on account of Subway equipment, also all money not yet 
received to which the Lessor may be or become entitled for land or 
property taken by public authority, either before or after the date 
hereof, or for injury or damage to the same and apply the same as 
hereinabove provided with respect to the proceeds of real estate. 

VIII. 

The Lessee shall, subject to the special provisions of this In- 
denture, at its own expense maintain and keep the demised prem- 
ises and all the property and fixtures of every description which it 
shall receive or operate under this lease in as good order and con- 
dition as the same now are or shall be when received by the 
Lessee, so that there shall be no depreciation as to quality or 
quantity in the same or any part thereof, and, at the expiration or 
earlier termination of this lease, shall, subject to the special 
provisions of this Indenture, return the same to the Lessor in the 
same good order and condition, and put the Lessor in possession 
of all the railways and property at said time demised to the 
Lessee under this Indenture. The Lessee shall use and operate 
said railways and properties so demised and operated in accord- 
ance with all laws of the Commonwealth of Massachusetts, all 
municipal ordinances, and all orders of the Railroad Commissioners 
or of any public authority that may be applicable thereto ; shall, 
subject to the provisions of Article VI., furnish all horse or elec- 
tric or other power, all engines, rolling stock and equipment of 
every description required, in addition to the like property hereby 
demised, for the due operation of the railways operated under and 
by virtue of this Indenture; shall not diminish the facilities for 
travel upon the Lessor's railway as they exist at the inception 
of this lease, except so far as substantially equal facilities may be 
furnished in substitution therefor either by the Lessee's ele- 
vated railway or otherwise; shall observe and perform all the 
provisions of contracts of the Lessor with companies whose rail- 
ways now are or hereafter may be operated under this Indenture; 
shall keep the demised premises reasonably insured and shall 
apply the proceeds of any insurance to restoring or replacing the 
property destroyed or to making permanent improvements, not 
in the nature of ordinary repairs, upon the demised premises; 
shall apply the proceeds of the rolling stock, equipment and other 
personal property herein demised, which it may deem advisable to 
sell and which it is hereby authorized to sell at its discretion so 
as to substitute therefor like property of equal value ; shall replace 
buildings or structures on the demised premises taken down or 
removed, and which the Lessee is hereby authorized to take down 
or remove at its discretion, with other buildings, structures or 



120 LEASES. 

permanent improvements upon the demised premises of equal 
value and equally convenient for the use of the Lessor at the 
expiration or earlier termination of this lease, or shall apply 
a sum of money equal to the value thereof in the same manner as 
the proceeds of real estate are to be applied under Article VII.; 
shall permit the demised premises to be inspected annually by the 
Lessor's Directors and by some competent person appointed by 
the Lessor who shall report to the Lessor the condition of said 
premises and shall, for the purpose of such inspection, be fur- 
nished with free transportation over the railways operated under 
and by virtue of this Indenture and shall receive a reasonable com- 
pensation for his services to be paid by the Lessee; shall make 
all returns required by law and shall furnish the Lessor with such 
abstracts of accounts as shall enable it to make all returns required 
of the Lessor; shall not assign this lease nor underlet the prem- 
ises or any part thereof without the written assent of the Lessor 
first had and obtained, except as provided in Article VII. hereof 
and except that nothing herein shall be construed to impair the 
right and power of the Lessee to mortgage or pledge the interests 
acquired under and by virtue of this lease in accordance with the 
authority conferred by chapter 500 of the Acts of 1897; and at the 
end of the term of this lease, or at any earlier termination thereof 
from any cause whatever, shall surrender the real and personal 
estate demised under and by virtue of this Indenture, to be ascer- 
tained and determined according to the inventory hereinafter pro- 
vided for, in the like good order and condition in which they are 
at the inception of this lease, or when received by the Lessee or 
may be put during the term, with all improvements thereon or 
additions thereto, the amount of money, materials and supplies to 
be surrendered or accounted for to the Lessor to be equivalent in 
value to the amount on hand at the inception of this lease, as 
shown by said inventory, and all stocks, bonds and securities, or 
any bonds, stocks or securities substituted therefor under the pro- 
visions of this Indenture to be returned at the expiration or other 
earlier termination of this lease. 

Provided, however, that the continuity of the Lessor's road, 
whenever returned to the Lessor, and the connection between its 
several parts shall be such that said Lessor's road will be as well 
fitted for independent use and operation by the Lessor as at the 
inception of this lease, — any compensation for mileage previously 
discontinued and paid for but restored or made good, under this 
provision, to be accounted for and reimbursed to the Lessee. 

IX. 

That the property herein demised, and to be accounted for at the 
expiration or earlier termination of this lease, may be accurately 
determined, there shall be made, as of the day when this lease takes 
effect, a full, complete and particular inventory and description of 
all estate and property, real or personal, belonging to the Lessor, 
and coming into the possession of the Lessee by virtue of this lease, 



WEST END STREET RAILWAY CO. 121 

and to this, from time to time, shall be added such other estate and 
property as shall come into the possession of the Lessee under the 
terms of this lease. Such inventory and description, with the 
additions thereto from time to time, shall be made by two com- 
petent persons, one selected by each party; in case of their dis- 
agreement, they shall refer the matter in difference to some third 
person, whose decision shall be final. Such inventory and descrip- 
tion shall be made in duplicate, and an original furnished to each 
party, and shall be evidence of the nature and condition of the 
property demised at the inception of this lease, or at the time of 
the additions thereto in all cases in which any questions of the 
nature, condition or value may arise. The reasonable compen- 
sation for services and expenses of the persons making such inven- 
tory shall be paid by the Lessee. 

X. 

The Lessor shall maintain its existence and organization as a 
corporation, and to that end shall comply with all the requirements 
and forms of law; shall do all acts and things, and execute all legal 
instruments necessary and proper to put and secure the Lessee in 
the full enjoyment of all the property, rights, franchises and inter- 
ests herein demised, and to carry into effect the true intent and 
meaning of this Lease; and shall not increase its capital stock as 
now existing and issued nor its indebtedness except as provided in 
this Lease. To further secure the Lessee in the beneficial enjoy- 
ment of the property, franchises, rights and privileges herein de- 
mised and specified, the Lessor constitutes the Lessee its attorney 
irrevocable with full right and power, at the Lessee 's expense, to 
use the name of the Lessor in all legal proceedings and in all cases 
needful for obtaining, holding and enjoying the premises herein 
demised and specified, and for all purposes consistent with the true 
scope and intent of this instrument. 

The Lessor further covenants that it will at the expense of the 
Lessee comply with all requirements of law and with the ordinances 
of all cities and towns in which the demised property is located, in 
so far as the Lessee cannot act in its stead, and that it will, at the 
request of the Lessee, itself make applications for extensions or al- 
terations of tracks and locations where the Lessee cannot act in its 
stead, and will at all times, when it cannot act by the Lessee as at- 
torney, itself do such acts and execute such papers as may be 
necessary or proper to carry out the true intent of these presents. 
Any locations, rights or property so acquired by the Lessor after 
the date hereof shall be made subject to the provisions of this 
Indenture. The Lessor also constitutes and appoints the Lessee 
its attorney in fact with full power to collect and receive all moneys 
due to the Lessor, and to compromise or refer to arbitration all 
claims by or against the Lessor or its property. 



122 LEASES. 



XL 



This lease is upon the condition that, if the Lessee shall at 
any time fail to punctually pay to the holders of the Lessor's in- 
debtedness and each of them the interest on the Lessor's indebted- 
ness as scheduled as the same shall become due and payable, or 
shall fail to make any payment as stipulated for in Clause 3 of 
Article I. hereof, then, and in such case, at any time after the 
expiration of thirty days from the time when written notice of such 
default has been served on the Lessee, the Lessor may, if such 
default still continues, enter upon the demised premises, and upon 
any part thereof, as and for the whole, and expel the Lessee, and 
determine the estate hereby granted, and shall thereupon become 
seized and possessed of the demised premises, and of all premises 
then in possession of the Lessee or the Lessor under this Indent- 
ure, and of every part thereof in its original right, and as if this 
lease had never been made ; and upon the further condition that, 
if the Lessee shall fail to perform any other of the covenants and 
agreements in this lease contained, and such failure shall continue 
for six months after written notice of such failure from the Direc- 
tors of the Lessor, the Lessor shall have the like right to enter 
and expel the Lessee, and vest in itself its former estate in the 
demised premises, and all premises then in possession of the Lessee 
or the Lessor under this Indenture, and every part thereof; pro- 
vided, however, that such entry by the Lessor for breach of con- 
dition shall in no wise prejudice or impair any remedies to which 
it might otherwise be entitled for arrears of rent or preceding 
breach of covenant, or any other rights secured by this lease in 
case of its termination before the expiration of the time thereof. 

XII. 

In case of any disagreement between the parties hereto as to the 
true intent and meaning of this lease or any part thereof, or as to 
anything done under and by virtue of it, or growing out of it, the 
matter in controversy shall be determined by arbitrators to be 
chosen in the manner following: One shall be chosen by each of 
the parties hereto, or if either shall unreasonably fail or neglect 
to appoint an arbitrator when requested by the other, the Board of 
Railroad Commissioners or the Chief Justice of the Superior 
Court may, after due notice to the party so failing or neglecting 
appoint an arbitrator. The third shall be selected by the two so 
chosen, or in case of their failure to choose a third, by the Board 
of Railroad Commissioners or the Chief Justice of the Superior 
Court. The arbitrators shall hear the parties, after due notice to 
each of them, and if either party fail to attend after such notice, 
may proceed ex parte. The award in writing of said arbitrators, 
or a majority of them, being duly notified to the parties, shall be 
final and conclusive upon them. The expenses and reasonable 
compensation of said arbitrators shall be paid by the Lessee. 



WEST END STREET RAILWAY CO. 123 

XIII. 

This lease shall take effect as of the first day of October, 1897, 
and all accounts between the parties shall be made up as of that 
date; provided, however, that on or before January 15, 1898, at 
least five million (5,000,000) dollars in cash shall have been 
paid in upon the Lessee's capital stock, and that until such pay- 
ment the Lessor shall remain in possession and operation of the 
demised property, — the Lessor accounting to the Lessee for all in- 
come in the interval ; and provided further that this lease shall not 
be valid until the terms thereof, as respects the rental or compen- 
sation to be paid and the due and safe transportation of the public 
shall have been approved by the Board of Railroad Commis- 
sioners. 

In witness whereof, the said parties, by their respective 
Presidents and Treasurers, thereunto duly authorized, have 
caused their corporate seals to be hereto affixed, and these presents 
to be executed the day and year first above written. 

WEST END STREET RAILWAY COMPANY, 

[seal] Samuel Little, President. 

Joseph H. Good speed, Treasurer. 

BOSTON ELEVATED RAILWAY COMPANY, 

[seal] William A. Gaston, President. 

Joseph Remick, Treasurer. 
Witness to all four signatures : 
Robert H. Derrah. 



124 



LEASES. 



SCHEDULE OF INDEBTEDNESS REFERRED TO IN 

THE WITHIN LEASE. 

WEST END STREET RAILWAY COMPANY. 

Funded Debt. 



Bonds Highland St. Ry. due Jan. 1, 1898, 6% . 
" " due May 1, 1902, 5% . 
" West End St. Ry. due Nov. 1, 1902, 5% 
" Cambridge R.R. due Apr. 1, 1903, 5% . 
" Metropolitan R.R. due Dec. 15, 1903, 5% 
" Chas. River St. Ry. due Apr. 1, 1904, 5% 
" Middlesex R.R. due July 1, 1904, 5% . . 
" So. Boston H. Ry. due May 1, 1905, 5% 
" Boston Con. St. Ry. due June 1, 1907, 5% 
" West End St. Ry. due Mar. 1, 1914, 4^% 
" West End St. Ry. due May 1, 1916, 4% . 
" West End St. Ry. due Feb. 1, 1917, 4% . 



$100,000.00 
300,000.00 

3,000,000.00 
480,000.00 
500,000.00 
150,000.00 
200,000.00 
200,000.00 
500,000.00 

2,000,000.00 
815,000.00 

2,700,000.00 

$10,945,000.00 



OLD COLONY STREET RAILWAY CO. 125 



OLD COLONY STREET RAILWAY CO. 

WITH 

BOSTON ELEVATED RAILWAY CO. 

Lease. 
[Dated February 16, 1903.] 

THIS INDENTURE made in triplicate this Sixteenth day 
of February, A.D. 1903 by and between the Old Colony 
Street Railway Company, a corporation existing under the 
laws of the Commonwealth of Massachusetts, party of the first 
part, and hereinafter denominated the Lessor, which word shall 
include its successors and assigns, and the Boston Elevated 
Railway Company, a corporation existing under the laws of 
said Commonwealth, party of the second part, and hereinafter 
denominated the Lessee, which word shall include its successors 
and assigns, 

Witnesseth, That the said parties, each for itself, its succes- 
sors and assigns, and each in consideration of the covenants and 
agreements herein made by the other, have covenanted and 
agreed, and do hereby covenant and agree, each to and with the 
other and its successors and assigns as follows, to wit — 

THE PROPERTY DEMISED. 

The Lessor doth demise and lease unto the Lessee, subject 
to all legal obligations and incumbrances thereon and to the 
provisions, exceptions and reservations hereinafter contained, all 
its railway and branches thereof situated in the City of Boston 
in said Commonwealth, westerly of the easterly line of Dorches- 
ter Avenue, and also in Washington Street, Pierce Square and 
Adams Street at Dorchester Lower Mills ; 

Including as a part thereof its railway, locations, structures, 
tracks, side tracks, road-bed, lands, buildings, fixtures, poles, 
wires, conduits and electrical equipment used in connection 
therewith, stationary machinery and appliances, and furniture 
(excepting that in the Company's general offices) situated in said 
city westerly of the easterly line of Dorchester Avenue; all its 
licenses, rights, franchises, easements, privileges and appurte- 
nances belonging or appertaining thereto, or conveniently used in 
connection therewith, excepting such rights, franchises, privi- 
leges and interest in said location as may be necessary to enable 
the Lessor to fully comply with the provisions of Article 10 of 
this lease; 

Together with the right to demand and receive all rents, tolls, 
revenue, income and profits from the demised premises, subject 
to the provisions hereinafter contained and except as hereinafter 



126 LEASES. 

otherwise provided; together with the benefit of all rights secured 
to the Lessee under the following provisions in this instrument 
contained. 

HABENDUM. 

To have and to hold all and singular the demised premises 
to the Lessee for and during a term of ninety-nine (99) years 
from and after the date fixed and determined as hereinafter pro- 
vided, the said Lessee keeping and performing the covenants 
herein contained on its part to be kept and performed, and 
yielding and paying rent, which it hereby covenants to do, for 
the said premises to the amount and in the manner hereinafter 
provided. Said term, and the operation of the demised railway 
by the Lessee, shall begin as soon as the Lessor shall have ob- 
tained double track locations upon all streets in which it owns 
and operates at the date hereof lines of railway in said part of 
the City of Boston and shall have constructed a double track 
railway upon the following described locations, viz. : — 

On Hyde Park avenue from Forest Hills to the Hyde Park 
Line; on Washington street from Kittredge street to Metro- 
politan avenue ; on South street from Washington street to Bran- 
don street; on Brandon street from South street to Amherst 
street; on Centre street from Beach street to Spring street; on 
Spring street from Centre street to Gardner street. 

All to the reasonable satisfaction of the Lessee, but in any 
event the term and operation under this lease shall commence 
by the first day of July, 1903. 



THE LESSEE TO OPERATE THE PROPERTY. 

Article 1. 

payments by lessee. 

The Lessee shall at its own expense during the said term oper- 
ate the demised railway and, except as herein otherwise provided, 
make all renewals, extensions, improvements and betterments; 
and shall meet all expenses and liabilities arising from the care, 
control, maintenance, repair, renewal and operation of the said 
premises; including all expenditures and liabilities in tort, con- 
tract and otherwise arising therefrom or in any way connected 
with the use and operation of the demised premises, including 
insurance, and shall pay or furnish to the Lessor the money nec- 
essary to pay all taxes of every description Federal, State and 
Municipal, levied upon the demised property, the income there- 
from, the business thereof, and the rights and franchises thereto 
pertaining, and upon a portion of the capital stock of the Lessor 
(whether levied or assessed as a tax upon corporate franchise or 
otherwise, and ascertained by, or in relation to, or directly or in- 
directly based upon, a valuation of the shares of said capital 
stock) equal in value at par to the replacement value of the prop- 



OLD COLONY STREET RAILWAY CO. 127 

erty demised after deducting from said replacement value the 
assessed value of any real estate and machinery or other property 
included in the demised property and subject to local taxation 
in said Boston; and also any such taxes by law required to be 
deducted from any amounts payable as dividends or otherwise 
to the owners of such portion of the Lessor's capital stock. 

Any and all of said taxes assessed as of May 1, prior to the 
time when the term and operation begin, shall be considered as 
assessed for the calendar year from said May 1 to the next follow- 
ing May 1, and shall be equitably apportioned between the Lessor 
and Lessee according to their possession of the demised premises. 

Article 2. 
betterments. 

The Lessee shall have the right, at its own expense, except as 
otherwise hereinafter provided, to alter the tracks of the de- 
mised railway and to make reasonable additions, extensions, 
alterations and improvements in the property demised as it may 
deem necessary for the purpose of making better provision for 
the safety and convenience of the public or for reducing the oper- 
ating expenses of the demised railway or for the purpose of com- 
plying with any requirements of law or public authority. 

The Lessor shall as required by the Lessee, from time to time 
repay to the Lessee the cost of such permanent additions, altera- 
tions and improvements made by the Lessee as may be deter- 
mined by the parties to be properly chargeable against the Lessor 
for capital expenditure or in case of disagreement by the Rail- 
road Commissioners. 

Such permanent additions, alterations and improvements shall 
consist of, — 

(1) The abolition of grade crossings, and betterment assess- 
ments upon or on account of the demised property under authority 
of law. 

(2) Additional track mileage and additional track equipment, 
including electric line equipment of existing or new track mileage. 

(3) Additional real estate. 

(4) Additional stations, power-houses, sub-stations, battery 
houses and car-houses and additional equipments of existing or 
new stations, power-houses, sub-stations, battery houses and car- 
houses. 

(5) Additional bridges, buildings and other structures. 

(6) Renewals of or substitutions for stations, bridges, build- 
ings, and other structures, tracks and equipments, so far as the 
cost of such renewals or substitutions exceeds the cost when new 
of the things renewed or the things replaced. 

(7) Other works which the parties hereto may agree are prop- 
erly chargeable against the Lessor for capital expenditures, ac- 
cording to the true intent and meaning of the parties, or in case 
of disagreement as may be determined by the Railroad Com- 
missioners. 



128 LEASES. 

Provided, however, that the road of the Lessor shall so far as 
practicable continue unimpaired in length and value; that no 
part of the same shall be voluntarily discontinued except with 
the consent of the Lessor; and that new track mileage shall be 
deemed a permanent addition or improvement hereunder only 
when increasing the mileage of the Lessor's road as existing at 
the inception of this lease, less any road discontinued by com- 
pulsion of law, or when exceeding in cost the cost of road pre- 
viously voluntarily discontinued, and then only to the extent of 
such increase or such excess of cost. 

The Lessor shall finance the value of additions, alterations 
and betterments hereinbefore referred to by the issue of bonds 
whenever and to such extent as the Lessor may lawfully issue 
the same, and in all other cases by the issue of stock. If financed 
by means of stock, the taxes on account of said stock shall be 
taken care of by the Lessee, as is provided for the payment of 
taxes in regard to certain stock of the Lessor under Article 1. 

Article 3. 
rent and accounts. 

The rental to be paid by the Lessee to the Lessor shall be 
based upon the adjusted replacement value of the property de- 
mised as of the date of this agreement and upon the adjusted 
betterment value of the property from time to time. 

The Lessee shall pay to the Lessor a sum equal to six and 
one-eighth (6J-) per centum per annum upon the adjusted re- 
placement value of the property demised, and a sum equal to 
four (4) per centum per annum upon the adjusted value of bet- 
terments from time to time, such payments to be made at the 
above annual rate in two semi-annual instalments, payable on 
the first day of May and November in each year; equitable 
abatement of rent shall be made at the first pay day, if the term 
has not been running for six months, and at the end or earlier 
termination of the term a proportionate part of said rent shall 
be paid for any part of a six months' period then unexpired. 

By replacement value is meant the value of the property, as 
of the date of this indenture as determined by its estimated cost 
to replace anew less a reasonable charge for depreciation. 

Within ninety days after the date of this Indenture there 
shall be made a full and particular inventory description and 
valuation of all estate and property, real or personal, belonging 
to the Lessor, and demised to the Lessee by virtue of this lease. 
Such inventory description and valuation shall be made by two 
competent persons, one selected by each party; in case of their 
disagreement, they shall refer the matter in difference to some 
third person, whose decision shall be final. Such inventory 
description and valuation shall be made in duplicate, and an 
original furnished to each party, and shall be evidence of the 
nature, condition and value of the property demised at the in- 
ception of this lease, in all cases in which any questions of the 



OLD COLONY STREET RAILWAY CO. 129 

nature, condition or value may arise, and the value of the prop- 
erty demised when so determined shall be deemed adjusted re- 
placement value. 

The cost of permanent additions, extensions, alterations and 
improvements and other proper capital charges shall be de- 
termined by the said parties from time to time by agreement, 
or in case of failure to agree, by the Railroad Commissioners 
upon the petition of either party. When such cost has been 
determined and paid for by the Lessor, it shall be deemed the 
adjusted value of betterments. 

The Lessor shall be liable for and pay all expenses for repairs, 
renewals, permanent additions, alterations and improvements 
in the demised property made or contracted for or begun before 
the beginning of the term of this lease, and so far as the same are 
proper capital charges such expenses and liabilities shall, if in- 
curred before the date of this indenture, be included as a part 
of the replacement value, and if incurred after the date of this 
indenture and before the beginning of the term and operation 
by the Lessee shall be considered as expenses and liabilities on 
account of the value of betterments. The Lessor shall also pay 
all liabilities in tort, contract or otherwise arising out of its con- 
duct of the business of a street railway company upon the demised 
property prior to the beginning of the term; and shall save the 
Lessee harmless from all expenses or damage on account of any 
lien existing upon the demised property at the beginning of the 
term. 

Article 4. 

lessor's territory. 

The Lessee shall not, except as attorney for the Lessor as 
herein otherwise provided, directly or indirectly locate or con- 
struct or through any agency or device promote or aid in the 
location or construction of any surface street railway within 
that part of the West Roxbury district so called, of the City 
of Boston, bounded and described as follows, — 

Commencing at the most northerly point of the City line be- 
tween Boston and Hyde Park, thence southwesterly following 
the line between Boston and Hyde Park and Boston and Ded- 
ham to the angle in said line south of Washington Street; 
thence following said line northwesterly to the Newton line, thence 
northeasterly to the Brookline line, thence southeasterly to the 
southerly corner of said Brookline line, thence southeasterly in 
a right line to the junction of Centre and Beech Streets in the 
City of Boston, thence by said Beech Street to the West Rox- 
bury branch of the Boston & Providence Railroad, thence 
northerly by said branch of the Boston & Providence Railroad 
to Walk Hill Street; thence southerly via Hyde Park Avenue 
to its junction with Ashland Street, thence southeasterly to the 
northerly corner of said Hyde Park. 



130 LEASES. 

Article 5. 
real estate. 

Real estate of the Lessor in the judgment of the Lessee not 
required by the Lessee for the conduct of its business may be 
sublet by the Lessee for a period not longer than the expiration 
or earlier termination of this lease. 

Such real estate may also be sold with the consent of the 
Lessor to be given upon the reasonable request of the Lessee 
and the proceeds of said sale may be received by the Lessee 
and applied to making permanent additions, alterations or im- 
provements upon the property demised, as the parties hereto 
may agree. 

Article 6. 

covenants. 

The Lessee shall at its own expense so keep and maintain the 
demised premises and all permanent additions thereto that there 
shall be no permanent depreciation of replacement value and at 
the expiration or earlier termination of this lease, shall, subject 
to the special provisions of this indenture, return the same to the 
Lessor in good order and condition and without diminution in 
replacement value or adjusted betterment value; shall replace 
buildings or structures on the demised premises taken down or 
removed, and which the Lessee is hereby authorized to take down 
or remove at its discretion, with other buildings, structures or per- 
manent improvements upon the demised premises of equal value 
and equally convenient for the use of the Lessor at the expiration 
or earlier termination of this lease, or shall apply a sum of money 
in the same manner as the proceeds of the sale of real estate are 
to be applied; shall use and operate the demised railway and 
property in accordance with all laws of said Commonwealth, all 
lawful municipal ordinances and all lawful orders of the Railroad 
Commissioners or of any public authority that may be applicable 
thereto; shall furnish all rolling stock, and shall also, subject to 
the provisions of Article 2, furnish all motive power, engines and 
other equipment in addition to the property hereby demised, for 
the due operation of the railways operated under this lease and 
for the operation of the Lessor's cars thereon as hereinafter pro- 
vided; shall permit the demised premises to be inspected at 
reasonable times by the Lessor's directors and by some competent 
person appointed by the Lessor; shall not assign this lease 
nor underlet the premises or any part thereof, except as herein 
otherwise provided, without the written assent of the Lessor in 
every case being first had and obtained; but the Lessee may 
mortgage or pledge the interests thus acquired according to the 
authority of its charter or general laws, and acts in amendment 
thereof; and at the end of the term of this lease or at any earlier 
termination thereof, shall surrender the demised premises with 
all improvements thereon and additions thereto without depre- 



OLD COLONY STREET RAILWAY CO. 131 

ciation in replacement value or adjusted betterment value, and in 
such order and condition and so that the continuity of the Lessor's 
railway and the connection between its several parts shall be 
such that said Lessor's railway will be as well fitted for indepen- 
dent use and operation by the Lessor and with the same or equally 
good Boston terminals for such independent operation as at the 
inception of this lease. 



Article 7. 
acts of lessor in aid of lessee. 

The Lessor shall do all acts and things, and execute all legal 
instruments necessary and proper to put and secure the Lessee 
in the full enjoyment of the demised premises and to carry into 
effect the true intent and meaning of this lease; to further secure 
the Lessee in the beneficial enjoyment of the property demised, 
the Lessor constitutes the Lessee its attorney irrevocable with 
full right and power, at the Lessee's expense, to use the name of 
the Lessor in all legal proceedings and in all cases needful for 
obtaining, holding and enjoying the premises herein demised and 
for all purposes consistent with the true scope and intent of this 
instrument. 

The Lessor further covenants that it will at the expense of 
the Lessee comply with all requirements of law in so far as the 
Lessee cannot act in its stead, and that it will at the request of 
the Lessee, itself make applications for extensions or alterations 
of tracks and locations in said City where the Lessee cannot act 
in its stead, and will at all times when it cannot act by the Lessee 
as attorney, itself do such acts and execute such papers as may 
be necessary or proper to carry out the true intent of these 
presents. 

Article 8. 

conditions. 

This lease is made upon the condition that if the Lessee shall 
at any time fail to make any payment as stipulated for in this 
instrument, then, and in any such case, at any time after the 
expiration of sixty days from the time when written notice of 
such default has been served on the Lessee, and notwithstanding 
any license or waiver of any prior breach of condition, the Lessor 
may, if such default still continues, enter upon the demised 
premises and upon any part thereof, as and for the whole, and 
expel the Lessee and determine the estate hereby granted, and 
shall thereupon become seized and possessed of the demised 
premises and of all premises then in possession of the Lessee 
under this indenture, and of every part thereof in its original 
right as if this lease had never been made; and upon the further 
condition that if the Lessee shall fail to perform any other of 
the covenants and agreements in this lease contained, and such 
failure shall continue for six months after written notice thereof 



132 LEASES. 

from the directors of the Lessor, the Lessor shall have the like 
right to enter and expel the Lessee, and vest in itself its former 
estate in the demised premises, and all premises then in possession 
of the Lessee under this indenture, provided, however, that such 
entry shall in no wise prejudice or impair any remedies to which 
the Lessor might otherwise be entitled for arrears of rent or pre- 
ceding breach of covenant or any other right secured by this 
lease in case of its termination before the expiration of the term 
thereof. 

And it is agreed that in case of a determination of the estate 
hereby created by an entry for breach of the foregoing condition, 
the Lessee shall indemnify the Lessor for all loss and damage 
which it may, during the residue of the term above specified, 
suffer by reason of such determination, whether through de- 
creased rents of said premises or otherwise. 

Article 9. 

referees. 

The Board of Railroad Commissioners shall be referees in 
case of disagreement between the parties to determine : 

(1) All questions of fact arising under this instrument. 

(2) The true intent and meaning of this instrument or any 
part thereof. 

(3) Anything done under and by virtue of this instrument or 
growing out of it. 

The said Board may delegate its power to and appoint arbi- 
trators to act in its stead and place. The expenses of such 
arbitration shall be paid as the arbitrators may determine just. 
The award of said Board or said arbitrators, or a majority of 
them, shall be final and conclusive and a condition precedent to 
the enforcement of any right in a court of law. 

Article 10. 

special provisions and operating agreement. 

Washington St. Line. 
Hyde Park Avenue Line. 

The Lessor shall furnish and the Lessee shall at its own ex- 
pense and using its own employees receive, operate, and trans- 
port, according to agreed time tables and in case of failure of 
the parties to agree then according to such time tables as the 
Board of Railroad Commissioners shall from time to time pre- 
scribe, all cars tendered by Lessor at the boundary line of Boston 
and Dedham on Washington Street and the boundary line of 
Boston and Hyde Park on Hyde Park Avenue, to the Dudley 
Street Terminal of the Boston Elevated Railway Company, or 
such other southerly terminus of said Boston Elevated Railway 
as may be hereafter established and agreed by the parties or de- 
termined by the Railroad Commissioners to be a suitable sub- 
stitute for said Dudley Street Terminal. 



OLD COLONY STREET RAILWAY CO. 133 

The Lessee shall transport in such cars without cost or expense 
to the Lessor or such passengers, any passenger showing proper 
checks or other vouchers of his payment of a fare to the Lessor 
for a continuous ride and desiring a continuous ride over said 
Washington Street line or Hyde Park Avenue line respectively 
from said boundary to Forest Hills Square, or any point south- 
erly thereof on said Washington Street or Hyde Park Avenue. 

And the Lessee shall likewise operate and transport said cars 
back to the points at which said cars were delivered to it; and 
shall give to every person taking one of said cars at or south of 
Forest Hills Square and paying a five cent cash fare (to be re- 
tained by the Lessee to its own use) and properly desiring and 
requesting a check, a check which the Lessor shall honor and 
which shall entitle the person to whom it was delivered to a 
continuous ride in such car to any point on the railway of the 
Lessor reached by said car within the Lessor's five cent fare 
limit from said Forest Hills Square as such limit may from time 
to time be established by the Lessor. 

Spring Street Line. 

The Lessee shall likewise receive according to such time tables 
from time to time agreed upon by the parties or prescribed by 
said Commissioners the cars of the Lessor at the boundary line 
of Dedham and Boston on Spring Street and operate and trans- 
port said cars to and from said Southerly terminal of the Boston 
Elevated Railway Company, and shall transport passengers 
therein between Centre Street and said boundary line under 
similar terms and conditions. 

Grove Street Line. 
East River Street Line. 
Central Avenue Line. 

The lines of railway on Grove Street from the boundary line 
between Dedham and Boston to Washington Street; the line 
of railway on East River Street from the boundary line between 
Hyde Park and Boston to the Junction of said East River Street 
with Oakland Street, in Mattapan; and the line of railway on 
Washington Street Ward 24 (Central Avenue line) from the 
middle of the Neponset River to Adams Street at Dorchester 
Lower Mills; shall not pass into the possession or control of the 
Lessee under this lease, until the Lessee shall desire to operate 
said lines, anything to the contrary in this instrument notwith- 
standing. 

Until said lines shall pass into the control of the Lessee, there 
shall be a rebate and suspension of rent and all other obligations 
of the Lessee on account of said lines under this lease; and said 
abatement in and suspension of rent and other obligations shall 
be estimated according to the adjusted replacement value and 
the adjusted betterment value of said lines. 

Upon said Grove street line, until the same passes into the 



134 LEASES. 

control of the Lessee, the Lessee shall furnish to the Lessor 
sufficient electric motive power thereon for the operation of the 
Lessor's cars between said Dedham line and Washington street, 
and in consideration thereof the Lessor shall transport in its 
cars between said points any passengers of the Lessee desiring 
to ride in the same general direction to or from any point on 
said Grove street line north of said boundary line between Ded- 
ham and Boston without cost or expense to such passengers 
additional to the payment, by each such passenger, of a five cent 
fare to the Lessee; the manner in which such passengers shall 
be transported and the evidence of their payment of fares to be 
such as shall from time to time be agreed upon by the Lessor 
and Lessee. 

When the Lessee shall desire to operate said lines, they shall 
pass into the control of the Lessee under this indenture; but 
the Lessor shall have the right to use said lines jointly with the 
Lessee for the operation of cars; and thereupon there shall be 
an equitable apportionment of the rent and other obligations ac- 
cording to the number of the car miles run by each company 
over said tracks; and thereafter so long as the joint operation of 
cars over said tracks continues, each company shall be solely re- 
sponsible for all accidents of every kind and to any person in any 
way caused by a car of that company or in connection therewith 
while upon said track, except only in the case — 

(1) Of a rear-end collision, in which case the company oper- 
ating the rear car shall be responsible for all results of such col- 
lision; and except 

(2) In the case of any other collision, in which case the re- 
sponsibility for the consequences of such a collision shall be de- 
termined in the manner hereinafter in paragraph (4), page 16, 
provided for determining the liability of the parties hereto in 
cases under said paragraph (4), page 16, where such liability is 
not agreed upon. 

Or the Lessee shall at its election with its own employees oper- 
ate and transport the Lessor's cars over said lines without ex- 
pense to the Lessor or its passengers. 

The Lessee shall be subject to any existing law in relation to 
free transfers to passengers on cars entirely within the limits of 
the City of Boston, which are operated by the Lessee under the 
provisions of this agreement. 

Operating Provisions. 

All cars of the Lessor operated by the Lessee over the rail- 
way of the Lessee or the demised railway shall be delivered. 

(1) They shall be delivered to the employees of the Lessee 
and returned to the employees of the Lessor. 

(2) At regular intervals according to time tables from time to 
time agreed to by the parties or prescribed by the Board of 
Railroad Commissioners. 

(3) Suitable in design, construction, dimensions, weight, power, 
wheel construction, fenders, couplers, brake mechanism and gen- 



OLD COLONY STREET RAILWAY CO. 135 

eral equipment for operation by the Lessee over its railway and 
the demised railway, and in good order and according to all 
regulations of public authorities; and such as shall conform to 
the reasonable satisfaction of the Lessee in all respects. 

(4) And the Lessor shall indemnify and save harmless the 
Lessee from all loss, cost, damage or expense growing out of 
any patent litigation on account of devices used in or on said 
cars, or any part thereof; and the Lessor shall indemnify and 
save harmless the Lessee from all loss, cost, damage or expense 
growing out of or incident to any accident due to the faulty con- 
struction, equipment or maintenance of the cars of the Lessor, or 
any defects thereof, (except such hidden defects as according to 
the laws of the Commonwealth for the time being the Lessee it- 
self if it both owned and operated the cars would not be held 
liable for) which existed at the time when such cars entered 
upon the tracks of the Lessee; and the Lessee shall be liable 
for all injury and damage to persons or property caused by the 
Lessee's operation of the cars of the Lessor on the tracks de- 
mised under this lease: provided that the same is not due to the 
faulty construction or equipment of or lack of repair in such 
cars, or to any defects therein (excepting hidden defects for 
which the Lessee itself if it both owned and operated the cars 
would not be held liable according to the laws of the Common- 
wealth for the time being); and the acceptance by said Lessee 
of any car shall not be deemed or taken to be an admission that 
such car is in proper condition; provided that said Lessee 
promptly notifies said Lessor of the pendency of any claim for 
such injury or damage made against the Lessee, and affords said 
Lessor full opportunity and power to settle said claim, or to de- 
fend and settle any suit which may be brought thereon against 
said Lessee; and the Lessee agrees to indemnify and save harm- 
less the Lessor for all damages suffered by the Lessor or for 
which it shall be held responsible to any third person, where 
according to the true intent of this indenture the said Lessee is 
liable; provided that said Lessor promptly notifies said Lessee 
of the pendency of any claim for such injury or damage made 
against said Lessor, and affords said Lessee full opportunity and 
power to settle said claim or to defend and settle any suit which 
may be brought thereon against said Lessor. 

At the trial of any suit brought against either of the com- 
panies for a cause of action for which the defendant claims that 
the other may be liable, as between themselves, under the pro- 
visions hereof, some disinterested attorney at law, to be selected 
by agreement of the respective council of the two companies, 
shall attend and follow the testimony, and shall also, in case 
of a verdict for the plaintiff, hear such additional evidence, if 
any, deemed by him competent, as either company may offer, 
both companies being given by him an opportunity to be heard; 
and his decision as to which or as to the proportions in which 
each company is liable as aforesaid shall be conclusive and bind- 
ing upon both parties. And the Company which he so finds to 



136 LEASES. 

be liable, and both companies in a case where such attorney at 
law finds both at fault, hereby agree to pay any judgment, or 
such proportions thereof, recovered by the plaintiff in such case 
as said attorney at law shall award against them respectively. 
If the parties, by their respective counsel, shall be unable to 
agree as to which Company is liable, under the provisions of 
this contract, for any injury or damages occurring, suit or claim 
for which shall be settled and paid without trial or out of court, 
both companies hereby agree to let the question be determined 
by a third person, some attorney at law agreed upon by their 
respective counsel for the purpose; and they will abide by his 
determination as conclusive. The services of the attorney, and 
his expenses if any, at any time employed under the foregoing 
provisions shall be paid by the companies jointly, in equal 
shares. The Lessee agrees from time to time as any accident 
occurs to, on, or in connection with any car of the Lessor in the 
charge or control of the Lessee under this contract, promptly, 
upon knowledge thereof coming to its superintendent or claim 
agent, to report in writing to the Lessor each such accident with 
a statement of the facts connected therewith as understood by 
the Lessee. 

(5) And the Lessor shall make no mileage or other charge 
for the use of said cars. 

(6) And will not deliver merchandise on said cars except by 
mutual agreement of the parties hereto 

(7) nor undertake to commute or reduce the fares charged 

(8) nor attempt to secure franchises or construct lines or 
operate tracks in the City of Boston outside the district men- 
tioned in Article 4, except with the consent of the Lessee. 

In witness whereof the parties hereto have caused their 
names and corporate seals to be hereto affixed by their officers 
thereto authorized the day and year first above written. 

OLD COLONY STREET RAILWAY COMPANY, 

By 
[seal] P. F. SULLIVAN, 

President. 

Attest 

° CHARLES WILLIAMS, 

Clerk. 



BOSTON ELEVATED RAILWAY COMPANY, 

By 
[seal] WILLIAM A. BANCROFT, 

President. 

WILLIAM HOOPER, 

Treasurer. 



BOSTON AND NORTHERN STREET RAILWAY CO. 137 



BOSTON AND NORTHERN STREET RAILWAY CO. 

WITH 

BOSTON ELEVATED RAILWAY CO. 

Lease 

[Dated September 19, 1907]. 

AGREEMENT made this Nineteenth day of September, 
1907, between the Boston and Northern Street Railway 
Company, hereinafter called the Northern Company, as it is lessee 
of the franchise and property of the Boston and Revere Electric 
Street Railway Company, party of the first part, and the Boston 
Elevated Railway Company, hereinafter called the Elevated 
Company, lessee of the franchise and property of the West End 
Street Railway Company, party of the second part, Witnesseth 
that — 

Whereas the parties hereto respectively operate lines of street 
railway terminating and connecting with each other at or near 
the junction of Bennington and Saratoga streets, in that part of 
Boston known as East Boston, and are desirous of making an 
arrangement by which the part of the railway now and heretofore 
operated by the Northern Company between said point of con- 
nection at or near said junction of Bennington and Saratoga 
streets over and along said Bennington street to a point at or near 
the junction of said Bennington street and Gladstone street, may 
hereafter be operated by the Elevated Company, so that persons 
residing in that part of said East Boston known as Orient Heights 
may ride in the cars of the Elevated Company between any points 
on the railway heretofore operated by the Northern Companjr 
(located between said junction of Bennington and Saratoga streets 
and said junction of Bennington and Gladstone streets), and other 
points in the City of Boston without the payment of fares both 
to the Northern Company and the Elevated Company; 

Now therefore the parties to this agreement, each for itself, 
its successors and assigns, in consideration of the premises, and of 
the covenants and agreements herein made, covenant and agree, 
each with the other, its successors and assigns, as follows : — 

1. The Elevated Company may operate cars, including both 
cars owned by it and cars of any other company from time to 
time operated by it or permitted by it to be operated over its 
tracks, upon and over said part of the Northern Company's 
railway located on Bennington street between said junction of 
Bennington and Saratoga streets and said junction of Bennington 
and Gladstone streets in that part of said Boston known as East 
Boston, and may so operate said cars with its own motive power 
and by its own employees to the same extent, and in the same 
manner, as if said Elevated Company owned said part of the 



138 LEASES. 

Northern Company's railway, and may connect its tracks and 
overhead equipment with the tracks and overhead equipment 
of the Northern Company at said junction of Bennington and 
Saratoga streets, and the Elevated Company may grant the priv- 
ilege, to continue during the life of this agreement, to any corpo- 
ration conducting a telephone, telegraph or electric lighting ser- 
vice, to attach telephone, telegraph or electric light wires to the 
poles of the Northern Company on said Bennington street, be- 
tween the junction thereof with said Gladstone street and the 
junction thereof with said Saratoga street. 

2. The Elevated Company shall, during the continuance of 
this contract, maintain the tracks, roadbed, poles and wires of the 
Northern Company used by it hereunder, in the operation of 
cars as provided in paragraph 1 hereof, in as good condition as 
the same severally are at the date hereof, and in so operating 
cars over said part of the railway of the Northern Company, 
shall do and perform all conditions and obligations legally re- 
quired of the Northern Company relative to and in connection 
with said part of the Northern Company's track and the opera- 
tion of cars thereover, and for that purpose may use the name 
of the Northern Company and the name of the Boston & Revere 
Electric Company in all undertakings and proceedings necessary 
therefor, provided, however, that nothing in this section con- 
tained shall require the Elevated Company to carry passengers 
travelling on the tracks of the Northern Company used hereunder 
by the Elevated Company to or from points Northerly of said 
junction of Gladstone and Bennington streets. 

3. The Elevated Company shall pay to the Northern Com- 
pany, as compensation for the use of said tracks, poles and over- 
head equipment, a sum equal to five (5) per centum per annum 
upon the replacement value, as of the date of this agreement, of 
the tracks, pavement, poles, wires and other property, the use 
of which is permitted to said Elevated Company under this agree- 
ment, such value to be determined by the estimated cost to re- 
place anew, less a reasonable charge for depreciation, said tracks, 
pavement, poles, wires and other property; such payments to 
be made at the above annual rate in two semi-annual instalments, 
payable on the first day of May and November in each year, 
equitable abatement being made at the first pay day if the use 
of said tracks has then been for a period less than six months, and 
at the termination of the use of said tracks a proportionate part 
of said compensation shall be paid for any part of a six months' 
period then unexpired. Within thirty days after the date of this 
agreement there shall be made an inventor, description and val- 
uation of all the property, the use of which is permitted to the 
Elevated Company under this agreement, the same to be made 
by two competent persons, one selected by each party hereto, 
and in case of their disagreement they shall refer the matter in 
difference to some third person, whose decision shall be final. 
The valuation so determined shall be endorsed on each copy of 
this agreement, and shall constitute the amount upon which 



BOSTON AND NORTHERN STREET RAILWAY CO. 139 

said annual compensation of five (5) per centum per annum is to 
be calculated. A similar valuation shall be made in like manner 
at the termination of this agreement, and the Northern Company 
shall pay to the Elevated Company the amount of any net in- 
crease shown in the value of the property so inventoried accord- 
ing to said inventories, and the Elevated Company shall pay to 
the Northern Company the amount of any net decrease shown in 
the property of the Northern Company according to said inven- 
tories. 

4. Each Company shall so arrange its time schedule that, 
so far as it is possible and practicable, the cars of both Com- 
panies shall meet at said junction of Bennington and Gladstone 
streets for the convenience of persons riding upon the cars of 
either Company desiring to travel beyond the said point on the 
cars of the other Company, and shall so arrange the summer 
schedules as to develop and adequately accommodate the traffic 
to and from Revere Beach. 

5. The Northern Company shall not, so long as this contract 
shall remain in force, operate its cars over said portion of its 
tracks oftener than one day in each month, or at such other time 
as may be necessary for maintaining and retaining its rights and 
those of its lessor, said Boston & Revere Electric Street Railway 
Company, in and under the grant of location under which it is 
now operating cars over said portion of its tracks; provided, 
however, that no complaint of its failure or neglect to more fre- 
quently operate its said cars shall be made either to the Board 
of Aldermen of the City of Boston, the Board of Railroad Com- 
missioners of the Commonwealth of Massachusetts, or to any 
other body having jurisdiction in the premises, and that no com- 
plaint or order relative thereto shall be addressed to the Northern 
Company relative thereto by said Board of Aldermen, Board of 
Railroad Commissioners, or other body having jurisdiction in 
the premises, and provided also that if said Aldermen, Commis- 
sioners, or other body, shall recommend or require the running 
of more than one car a month by the Northern Company, then 
the Northern Company shall pay to the Elevated Company, as 
compensation for the Northern Company's use of the tracks 
and other property and for electric motive power used in oper- 
ating such cars, at the rate of eight (8) cents per car mile for each 
and every car mile so operated by the Northern Company over 
said tracks. 

6. The Elevated Company shall be liable for all injury and 
damage to persons and property caused by the operation of cars 
over said portion of the tracks of the Northern Company, whether 
the same be caused by the negligence of the agents or employees 
of the Elevated Company, the faulty construction or lack of 
repair of the cars, or the mechanism, machinery or appliances of 
the cars of the Elevated Company, or otherwise, except accidents 
occurring through a collision between a car of the Northern Com- 
pany and a car operated hereunder by the Elevated Company, 
in which event the Company at fault, or both Companies, if each 



140 LEASES. 

Company is at fault, and to the extent to which it is at fault, 
shall be liable for all damage so occurring to persons or property, 
and the Elevated Company shall be solely liable for all injury 
and damage occurring whether through the operation of cars 
operated by it or the cars of the Northern Company, due solely 
to the faulty construction or lack of repair of the tracks, poles, 
wires and appliances connected therewith of the Northern Com- 
pany to be maintained hereunder by the Elevated Company, and 
in the event of injury occurring in part through the faulty con- 
struction or lack of repair of said tracks, poles, wires and appli- 
ances, and in part through the negligence of the Northern Com- 
pany, the Elevated Company shall be liable in part and to such 
extent as said faulty construction and lack of repair of said tracks, 
poles, wires and appliances shall contribute to said injury or 
damage, and each Company hereby agrees to indemnify and 
save harmless the other Company from all loss, cost, damage or 
expense suffered by it or for which it shall be held responsible, 
where under the terms hereof the other Company is liable for 
such injury or damage, provided that the Company against which 
claim is made promptly notfes the other Company of the pen- 
dency of any claim for such injury or damage against it, and 
affords it full opportunity and power to settle said claim or defend 
and settle any suit which may be brought thereon against it. 

7. The Elevated Company hereby agrees to indemnify and 
save harmless the Northern Company from all loss, cost, damage 
or expense arising out of all suits and actions, both at law or in 
equity, which may be brought against the Northern Company 
because of the manner in which said portion of the tracks of the 
Northern Company operated upon hereunder by the Elevated 
Company are maintained, or arising out of any conditions or 
obligations contained in the grant of location of the Northern 
Company under which said portion of its tracks to be operated 
over by the Elevated Company are now operated upon by it, 
and from all loss, cost, damage or expense arising out of any ap- 
pliances patented or otherwise used by the Elevated Company, 
or arising out of any advertising matter or notices displayed in 
or upon its cars operated over said portion of the tracks of the 
Northern Company. 

8. At the trial of any suit brought against either of the Com- 
panies for a cause of action for which the defendant claims that 
the other may be liable, as between themselves, under the pro- 
visions hereof, some disinterested attorney at law, to be selected 
by agreement of the respective counsel of the two companies, 
shall attend and follow the testimony, and shall also, in case of 
a verdict for the plaintiff, hear such additional evidence, if any, 
deemed by him competent, as either Company may offer, both 
Companies being given by him an opportunity to be heard; and 
his decision as to which or as to the proportion in which each 
Company is liable as aforesaid shall be conclusive and binding 
upon both parties. And the Company which he so finds to be 
liable, and both Companies in case such attorney at law finds 



BOSTON AND NORTHERN STREET RAILWAY CO. 141 

both liable, shall pay any judgment, or such proportions thereof, 
recovered by the plaintiff in such case as said attorney at law 
shall award against them respectively. If the parties, by their 
respective counsel, shall be unable to agree as to which Company 
is liable, under the provisions of this contract, for any injury or 
damages occurring, suit or claim for which shall be settled and 
paid by agreement of the counsel of both companies without 
trial or out of court, both companies hereby agree to let the ques- 
tion be determined by a third person, some attorney at law 
agreed upon by their respective counsel for the purpose; and they 
will abide by his determination as conclusive. The services of 
the attorney, and his expenses if any, at any time employed under 
the foregoing provisions shall be paid by the Companies jointly, 
in equal shares. 

9. In case of any disagreements other than those provided for 
in paragraph 8 hereof, between the parties hereto, as to the true 
intent and meaning of this contract or any part thereof, or as to 
anything done under and by virtue of it, or growing out of it, the 
matter in controversy shall be determined by arbitrators to be 
chosen in the manner following: — One shall be chosen by each 
of the parties hereto, or if either shall unreasonably fail or neglect 
to appoint an arbitrator when requested by the other, the Board 
of Railroad Commissioners for the Commonwealth of Massachu- 
setts may, after due notice to the party so failing or neglecting, 
appoint an arbitrator. The third shall be selected by the two so 
chosen, and in case of their failure to choose a third, by said 
Board of Railroad Commissioners. The arbitrators shall hear 
the parties, after due notice to each of them, and if either party 
fail to attend after such notice, may proceed ex parte. The 
award in writing of said arbitrators or a majority of them, being 
duly notified to the parties, shall be final and conclusive upon 
them. The expenses and reasonable compensation of said ar- 
bitrators shall be paid by the parties in such proportions as the 
arbitrators shall fix, but nothing in this paragraph contained shall 
affect or abridge the rights of the parties hereto to cancel this 
agreement as is provided in paragraph 11 hereof. 

10. Neither Company shall be liable in any manner, either 
directly or indirectly, to the other Company because of its ina- 
bility or failure to carry out any or all of the terms or conditions 
of this contract, in the event of the expiration or lapsing of any 
of its grants or powers, or in the event of any law, order, decree 
or other lawful act of any nature, of any duly authorized, na- 
tional, state or municipal legislature, commission, court or other 
body, or of any refusal or failure to act of any person, persons, 
or body having jurisdiction in the premises, rendering illegal or 
impossible of performance any or all of said terms or conditions. 

11. Either Company may cancel and terminate this agree- 
ment, except as to things already done and liabilities already 
approved hereunder, at any time, first giving ten days' written 
notice of its intention to terminate the agreement, addressed 
to the President of the other Company at said other Company's 
principal office in the City of Boston. 



142 LEASES. 

12. The failure of either Company to insist upon the full per- 
formance of any of the terms or provisions of this contract, and 
the allowance by either Company of the continuance of any 
breach thereof, shall not be or be held to be a waiver of any right 
hereunder, or a consent to the commission of such breach. 

In Witness Whereof the Boston and Northern Street 
Railway Company, for itself and its lessor the Boston and Revere 
Electric Street Railway Company, and the Boston Elevated 
Railway Company, both for itself and its lessor the West End 
Street Railway Company, have caused these presents to be signed 
in duplicate, and their respective corporate seals to be hereto 
affixed and attested by their respective officers, all hereunto duly 
authorized, the day and year first above written. 

BOSTON AND NORTHERN STREET 
RAILWAY COMPANY, 

By 
[seal] P. F. SULLIVAN, 

President. 
Attest : 

J CHARLES WILLIAMS, 

Clerk. 

BOSTON ELEVATED RAILWAY COMPANY, 

By 
[seal] WILLIAM A. BANCROFT, 

President. 
Attest: 

DANIEL L. PRENDERGAST, 

Clerk. 



Part III. 

CONTRACTS FOR THE USE OF 

SUBWAYS AND TUNNELS. 



TREMONT STREET SUBWAY. 



145 



CONTRACT BETWEEN THE CITY OF BOSTON ACT- 
ING BY THE BOSTON TRANSIT COMMISSION 
AND THE WEST END STREET RAILWAY COM- 
PANY FOR THE USE OF THE SUBWAY (THE TRE- 
MONT STREET SUBWAY). 

[Dated December 7, 1896.] 

This contract made this seventh day of December in the Parties. 
year one thousand eight hundred and ninety-six by and be- 
tween the City of Boston by the Boston Transit Commission 
acting by a majority of its members thereto duly authorized 
under the authority vested in it by the acts of the Common- 
wealth of Massachusetts Chapter 478 of the year 1893 Chapter 
548 of the year 1894 Chapter 440 of the year 1895 and Chapter 
492 of the year 1896 and under all other powers it hereto en- 
abling party of the first part the Boston Transit Commission 
hereinafter called the Commission also acting by a majority of its 
members thereto duly authorized and joining in the grants here- 
inafter made in its own behalf in exercise of the powers conferred 
upon it by the acts aforesaid but not binding its members in their 
personal capacity by any agreement herein contained and the 
West End Street Railway Company party of the second part. 

Witnesseth The party of the first part in consideration Grant, 
of the covenants and agreements of the party of the second 
part herein contained hereby grants to the party of the second 
part for the term hereinafter stated and subject to the reserva- 
tions restrictions and limitations hereinafter set forth the 
entire use and occupation of the subway now constructed or 
hereafter to be constructed by the Commission under the au- 
thority of the aforesaid acts the same to be used however only 
for locations of the railway tracks of the party of the second 
part for the operation of its railway and for the purposes here- 
inafter expressly enumerated including in such uses the right 
to construct maintain renew and use such tracks together 
with switches cross-overs connections wires appliances fixt- 
ures electrical apparatus and all other machinery and equip- 
ment which may be necessary or proper from time to time for 
the convenient operation of the railway of said party of the 
second part the carrying on of its lawful business in the subway 
and the performance of its agreements hereinafter contained. 

The word subway as used above and wherever used in this Definition of 
instrument shall include all the subway subways tunnels en- 8ubw »y- 
trances approaches connections sidings stations and appur- 
tenant structures and fixtures of every kind which the Com- 
mission has constructed or hereafter may construct under the 
authority of the aforesaid acts and wherever in this instrument 
a portion of the subway is referred to there shall be meant a 



146 



CONTRACTS. 



Use of tracks 
by another 
street railway 
company. 



continuous and connected portion of the subway as above 
denned unless a different signification is apparent. 

The subway is to be constructed substantially according 
to the route and with the stations indicated on the plan hereto 
annexed and marked " A" so far as its route is exhibited thereon 
and similar to the portions already completed. Said plan is 
entitled " Boston Subway — Progress to Aug. 15, 1896." 

If any street railway company is now using and is entitled 
by virtue of an existing contract to use the tracks of the party 
of the second part in any portion of the route which is or here- 
after may be occupied by the subway then the party of the 
second part may permit such street railway company to use 
during the whole or any part of the term of this grant the 
tracks which may be laid in the corresponding portion of the 
subway upon such terms as may be agreed upon between the 
party of the second part and such other street railway company. 

If any corporation having the right to carry passengers in 
the city of Boston shall by authority of law succeed by pur- 
chase lease or otherwise to all the property rights and franchises 
of said West End Street Railway Company the said railway 
company may assign to such succeeding corporation all the 
rights privileges and powers granted and conveyed by this 
contract provided however and on condition that said succeed- 
ing corporation shall assume all the duties obligations and un- 
dertakings herein imposed upon said West End Street Rail- 
way Company. 

The use of the subway shall begin so soon as a reasonable 
time after its completion has been allowed the party of the 
second part for the equipment thereof. 

The Commission shall determine when the use shall begin 
and shall notify the party of the second part of its decision 
and if in the judgment of the Commission any portion of the 
subway can be advantageously used before the completion 
of the whole then the use of such portion shall begin when in 
the opinion of the Commission a reasonable time after the com- 
pletion of such portion has been allowed to the party of the 
second part for the equipment thereof and after notice to that 
effect has been given to the party of the second part. 

The rights herein granted to the party of the second part 
shall continue for the term of twenty (20) years from the time 
when the right to use the subway or any portion thereof first 
accrues. 

As compensation for the use of all the above premises and 
property the party of the second part agrees to pay in each 
year to the city of Boston a sum equal to four and seven- 
eighths (4 1) per centum of seven million dollars or four and 
seven-eighths (4|) per centum of the net cost of the subway 
if such net cost be less than seven million dollars said net cost 
to be computed in the manner below provided. Said compen- 
sation is to begin to accrue from the time when the use of the 
said premises and property begins under the foregoing pro- 



Beginning and 



Compensation. 



TREMONT STREET SUBWAY. 147 

visions of this instrument and in case the right to use any por- 
tion of the said premises and property shall begin before the 
right to use the whole then compensation shall be paid for the 
use of such portion and shall begin to accrue with its use and 
shall be at the above named percentage of the net cost of such 
portion to be computed as below set forth. 

And the party of the second part agrees also to pay in each 
year after it shall have acquired the use of all portions of the 
subway such additional compensation if any as may be deter- 
mined by a computation of the number of passages made by 
cars in and through the subway as hereinafter provided that 
is to say in case the amount computed as below provided upon 
the basis of the number of such passages exceeds the amount 
determined by a percentage of the net cost of construction then 
the party of the second part agrees after so acquiring the use 
also to pay as compensation the amount of such excess. It 
is therefore agreed that the compensation for any quarter of 
a year after the party of the second part shall have acquired 
the use of all portions of the subway shall not be less than a 
sum computed by charging a toll of five (5) cents for each 
passage made through the subway by a car not exceeding 
twenty-five (25) feet in body length and at a proportionately 
greater rate for each car of greater length it being understood 
that any car which enters or passes through the subway or a 
portion thereof in one direction and then reverses its direction 
within the subway and makes a return trip shall be considered 
as making two passages but otherwise the passing through the 
subway shall be considered as a single passage only and it 
being also understood that no opening is to be made under 
the authority of existing statutes by which cars shall enter 
the subway from Washington street or Devonshire street. 
Cars used only for the conveyance of the United States mails 
or for construction or repairs or as motor cars only and carry- 
ing only persons necessary for such purposes shall not be in- 
cluded in computing the passages for which a toll is to be 
charged. The party of the second part shall keep a record 
of the passages of cars for which payment may be charged as 
above provided and shall report the same quarterly when 
making payment for the use of the subway. 

In determining the net cost of the premises and property 
or of any portion thereof there shall be included all lawful 
expenditures of every kind incurred by the Commission on 
account of the acquisition and construction thereof or of the 
portion to be used as the case may be including the sums paid 
by the Commission to any persons by way of damages for 
property taken or injured or for personal injuries suffered the 
incidental expenses of the Commission incurred under the au- 
thority of said acts the sums paid to the Commission for sala- 
ries of its members and also such interest at the rate of four 
(4) per centum per annum as shall have accrued up to the time 
when the use by the party of the second part is to begin on 



148 CONTRACTS. 

any debt incurred by the city of Boston at the request or in 
behalf of the Commission in acquiring or constructing the 
said premises or property as aforesaid or the portion thereof 
in question as the case may be. 

From the gross cost so ascertained there shall be deducted 
any money which the Commission may then have received 
from the sales or other disposition of any property or rights 
which may have been included in estimating the gross cost 
and there shall be also deducted at a fair valuation to be then 
made by the Commission any property or rights so included 
which though not actually sold or otherwise disposed of will 
not be needed in the judgment of the Commission for the pur- 
poses for which the premises and property are to be used by 
the party of the second part and when said property and rights 
have been actually sold or otherwise finally disposed of an ad- 
justment of the cost of the subway and its additions shall be 
made upon the basis of the actual proceeds received from such 
final disposition for the purpose of determining the amount 
on which a percentage is to be subsequently paid as compensa- 
tion. The right is hereby reserved to the Commission and 
after the expiration of the Commission to the city of Boston 
to dispose of any property or rights so valued as aforesaid but 
neither this reservation nor the right of deduction above pro- 
vided shall apply to any property or rights within the subway. 
At any time when the use of the whole or any portion of the 
premises and property is to begin or as near thereto as is prac- 
ticable the Commission shall make out and submit to the party 
of the second part a statement of the net cost computed as 
above showing with reasonable detail what is included therein. 
If at any time during the continuance of the term of this 
grant the party of the second part shall be deprived in whole 
or in part of the use of the premises and property by any cause 
growing out of the act of God public enemies mobs riots the 
falling or settling of buildings bursting of pipes outside the 
subway explosions of gas or works or excavations carried on or 
permitted by said city or other public authority or the filling 
or caving in or other physical obstruction of the subway or any 
part thereof not due to the negligence of the party of the second 
part or by the location maintenance or use of the wires or 
other apparatus which the city is hereinafter authorized to 
maintain in the subway then the amount above fixed as com- 
pensation or a just and reasonable part thereof shall be sus- 
pended or abated during such deprivation. 

The compensation for the use of the subway or any portion 
thereof shall be paid to the city of Boston in quarterly pay- 
ments on the last day of December March June and September 
in each year and at the rate aforesaid for any uncompleted 
quarter of a year. 
Equipment of Said party of the second part shall suitably lay and main- 
subway. ^ n j Q fi rs t_ c i ass condition railway tracks in proper places in 
the subway together with the appointments and apparatus 



TREMONT STREET SUBWAY. 149 

necessary for the safe and convenient operation of the same 
and shall provide and maintain all wires electrical or other 
apparatus or equipment necessary or convenient for the fur- 
nishing of power and light therein and shall further provide 
requisite pumps fans and ventilating apparatus and in general 
shall completely equip and furnish the subway with all machin- 
ery piping apparatus and furniture proper and adapted thereto 
and necessary for the convenient maintenance and operation 
of a railway therein and for the safety and accommodation 
of the passengers upon said railway. 

All tracks wires appliances fixtures machinery equipment 
furniture and apparatus provided by said party of the second 
part shall be and remain the property of said party of the 
second part so long as it continues to occupy and use the sub- 
way under the provisions of this contract and upon the termi- 
nation of such use and occupation the party of the first part 
hereby agrees to take and pay for all such property at its then 
fair value to be determined by the Board of Railroad Commis- 
sioners and the party of the second part hereby agrees to de- 
liver to the party of the first part all such property at the said 
valuation. 

The power to be used in the operation of the railway in the Power and 
subway and of the apparatus placed therein shall be either hght * 
electricity compressed air or some agent the use of which will 
not be accompanied by smoke steam or any noxious products 
which might impair the purity of the atmosphere within the 
subway and the use and manner of use of any motive power 
shall be subject to the approval of the Commission the use of 
electricity however as a motive power in the subway being 
hereby approved. 

Neither steam nor animals shall be used within the subway 
as a motive power except temporarily in cases of emergency. 

Said party of the second part shall suitably and adequately 
and to the satisfaction of the Commission light the subway 
and the cars running therein by electricity or may from time 
to time in whole or in part use such other illuminating agents 
as may be approved by the Commission but no illuminating 
gas of any description shall be used therein nor any illuminat- 
ing agent which is explosive. 

Said party of the second part shall maintain the subway Repairs, 
except as to repairs below excepted in good order and condi- 
tion as a complete structure adapted to the maintenance and 
use of lines of railway and shall at all reasonable times be en- 
titled to a permit to open the streets and other public grounds 
of said city for the purpose of making requisite repairs to the 
subway and when the right to use the subway shall terminate 
shall restore it to the city in good condition except as to repairs 
not obligatory upon said party of the second part. 

All repairs to the subway shall be at the sole cost and ex- 
pense of the party of the second part except such repairs as 
are made necessary by the act of God public enemies mobs 



150 



CONTRACTS. 



Liability for 
damages. 



Removal of 
surface tracks. 



riots the falling or settling of buildings bursting of pipes out- 
side the subway explosions of gas or works or excavations 
carried on or permitted by said city or other public authority 
or by the location maintenance or use of the wires or other 
apparatus which the city is hereinafter authorized to main- 
tain in the subway and if repairs should be made necessary 
by any of said excepted causes then such repairs may be made 
by the party of the second part and the reasonable cost and 
expense thereof deducted from the compensation subsequently 
due and payable hereunder. 

The party of the first part shall not be responsible to the 
party of the second part for damages of any description result- 
ing from any defects in the subway whether structural or 
arising out of want of repair or from any cause after the use 
of the same by the party of the second part has begun as here- 
inbefore provided unless such damage result from the location 
maintenance or use of the wires or other apparatus which the 
city is hereinafter authorized to maintain in the subway nor 
shall it be responsible for any damages resulting to persons or 
property in the operation and use of the subway including all 
parts thereof whether on property belonging to the party of 
the first part or upon property the fee of which belongs to 
other parties and the party of the second part shall hold the 
party of the first part harmless and indemnified therefrom 
and shall at its own expense upon due notice from said party 
of the first part defend all suits and other proceedings of every 
description whether at law or in equity which may be brought 
against said party of the first part its officers servants or agents 
by reason of any liability arising out of the maintenance oper- 
ation and use of any portion of the subway or of the railways 
machinery and apparatus therein and accruing after the right 
to use such portion has begun as hereinbefore provided and 
shall satisfy all final judgments of legal tribunals rendered in 
such suits and proceedings but the foregoing provisions shall 
not apply to legal proceedings to recover for loss or injuries 
growing out of the act of God public enemies mobs riots the 
falling or settling of buildings bursting of pipes outside the 
subway explosions of gas or works or excavations carried on 
or permitted by said city or other public authority or the loca- 
tion maintenance or use of the wires or other apparatus which 
the city is hereinafter authorized to maintain in the subway. 

The party of the second part agrees that it will make no claim 
against the party of the first part for any damage for remov- 
ing upon the order of the Commission its surface tracks from 
Tremont street between Boylston street and Scollay square 
and from Boylston street between Park square and Tremont 
street and such other tracks as the Commission may order to 
be removed under the authority of the aforesaid acts provided 
that during the term of this contract the right to lay main- 
tain and use tracks on the locations from which the tracks 
are so removed be not granted nor permitted to any other 



TREMONT STREET SUBWAY. 



151 



person or corporation for street railway purposes and the party 
of the second part agrees at its own expense to restore and 
leave in good condition the pavement of that portion of the 
streets occupied by the tracks so removed. 

The members of the Commission the Governor of the Com- 
monwealth the Board of Railroad Commissioners and their 
respective engineers and the Mayor and the City Engineer of 
Boston shall at all times have free entry to the subway for the 
purpose of inspecting the same. 

The party of the second part shall keep the subway 
thoroughly clean and in good order and condition at all times 
except as herein excepted shall by use of pumps keep the same 
free from unnecessary dampness and shall by artificial ventila- 
tion when needed keep the air therein pure and shall keep the 
stations and their approaches free from ice and snow all which 
service shall be performed to the satisfaction of the Commission. 

Said party of the second part shall have no right to make 
substantial alterations or additions in the subway unless with 
the approval of the Commission and after the termination of 
the existence of the Commission with the approval of the 
Mayor for the time being of the city of Boston and the Board 
of Railroad Commissioners nor shall it have the right to place 
therein or attach thereto except as hereinafter provided any 
structures machinery merchandise apparatus advertisements 
or property of any sort which are not necessary or proper for 
the operation of its railway therein and the performance of 
its agreements herein contained but the said party of the sec- 
ond part may place and maintain booths of suitable size and 
character upon each platform for the sale of newspapers mag- 
azines periodicals and books so far as the party of the first part 
has the power to grant the right to place and maintain said 
booths and in the event that it shall be determined by any 
court of competent jurisdiction that said party of the first part 
has not such power then no abatement of the compensation 
which the party of the second part herein agrees to pay for the 
use of the subway shall be allowed in consequence. 

The Commission if it deems that public convenience and 
necessity so require may make such additions to or improve- 
ments or changes in the subway within the limits defined by 
existing acts as it sees fit and said party of the second part 
may and shall in like manner as hereinbefore provided equip 
and use the subway after such additions improvements and 
changes therein shall have been made and shall be under all 
the obligations and have all the privileges respecting the same 
which are above provided with respect to the subway and 
shall pay for such use four and seven-eighths (4$) per centum 
annually upon the net cost of such additions improvements or 
changes determined as hereinbefore provided provided how- 
ever that the total annual compensation to be paid by said 
party of the second part in any way under this instrument 
shall not exceed the amount above specified namely four 



Inspection'by 
public officials. 



Subway to be 
kept clean. 



Changes in sub- 
way not to be 
made by rail- 
way company. 



Unnecessary 
structures. 



Newspaper 
booths. 



Changes in sub- 
way by 
Commission. 



152 



CONTRACTS. 



Obligations of 
railway com- 
pany confined 
to portions in 
use. 



Wires, con- 
duits, and 
tubes. 



Default and 
penalty. 



and seven-eighths (4f) per centum of seven million (7,000,000) 
dollars unless such compensation shall exceed that amount 
when determined by a computation of the number of cars 
using the subway in the manner above provided. 

The obligations and liability of the party of the second 
part under the foregoing provisions of this instrument shall 
not in any event apply to any portion of the premises or prop- 
erty covered hereby or to any additions improvements changes 
or alterations thereof except in so far as the party of the second 
part may have the right to the use and enjoyment thereof 
under the provisions hereof at the time as to which it may be 
sought to impose such obligation or liability. 

The party of the second part may grant upon such terms 
as it may deem expedient to any person or corporation not 
authorized to carry on a railway business but authorized by 
law to use and maintain for other purposes wires conduits 
for wires or pneumatic tubes along any portion of the route 
of the subway the privilege of placing such wires conduits or 
tubes within a corresponding portion of the subway used by 
the party of the second part but only to such extent and for 
such time as may be practicable without interfering with the 
convenient operation of the railway and other apparatus which 
the party of the second part is hereby authorized to put therein. 
If the party desiring such privilege cannot agree with the 
party of the second part upon the terms of such grant the 
privilege to the extent and for the time above stated shall be 
so granted upon terms to be settled by the Commission but 
in any event the compensation for such privilege shall be paid 
to the party of the second part. 

The city of Boston may without charge place in the subway 
such wires and apparatus as may be necessary for its police 
and fire-alarm service to be used however exclusively for such 
service and to be so located as not to interfere with the use of 
the subway which the party of the second part is hereby au- 
thorized to make. The location construction maintenance 
and repair of such wires and apparatus shall be subject to such 
reasonable directions and regulations as the party of the sec- 
ond part may impose or in case of any disagreement as the 
Commission may determine. 

In the event of the failure of the party of the second part 
or its successor to pay the compensation herein fixed for the 
use of the subway for three months after such compensation 
shall have become due or in the event of a failure to maintain 
and operate a railway within the subway and if such failure 
shall have continued for three months then in either of said 
events the city of Boston shall have the right to terminate 
this contract and to re-enter upon and repossess itself of the 
above-described premises and property unless such failure to 
maintain and operate grow out of the act of God public ene- 
mies mobs riots the falling or settling of buildings bursting of 
pipes outside the subway explosions of gas or works or exca- 



TREMONT STREET SUBWAY. 



153 



vations carried on or permitted by said city or other public 
authority or the filling or caving in or other physical obstruc- 
tion of the subway not due to the negligence of the party of 
the second part or out of the location maintenance or use of 
the wires or other apparatus which the city is hereinbefore 
authorized to maintain in the subway. In case the right of 
re-entry and repossession above given shall be exercised all the 
tracks wires apparatus equipment and other property in the 
nature of fixtures of the party of the second part within the 
subway shall become the property of the city of Boston and 
be paid for by it at a valuation to be determined as hereinbe- 
fore provided for the occasion when the same are to be surren- 
dered by the party of the second part at the expiration of said 
term of twenty years. 

Said party of the second part shall have no right at any time 
to remove from the subway any tracks wires apparatus equip- 
ment pr other property necessary to the use and maintenance 
of the subway and the operation of a railway therein except 
for the purpose of repairs or renewal or for the substitution of 
equivalent structures property apparatus or equipment nor 
shall it have the right to sell or mortgage such property unless 
removed under foregoing provisions. 

In case of the termination of this contract prior to the ex- 
piration of the term of twenty (20) years under the foregoing 
provisions hereof and a re-entry upon the premises and property 
aforesaid and a repossession of the same by the city of Boston 
the party of the second part agrees to indemnify the said city 
for all loss and damages which it may in any manner sustain 
by reason of such termination during the residue of said term 
of twenty (20) years. 

In case there shall be any disagreement between the parties 
hereto respecting the amount of compensation due hereunder 
and the party of the second part shall pay more than it main- 
tains to be justly due it may make such payment under protest 
and may thereafter bring proceedings in any court of compe- 
tent jurisdiction to recover the excess and any amount which 
the Court may adjudge to have been paid in excess shall be 
repaid by the party of the first part with interest at the rate of 
four and seven-eighths (4 J) per centum per annum. 

In respect to all matters arising under this contract where 
provision is made for action by the Commission or its approval 
of acts to be done by the party of the second part is required 
it is hereby provided and agreed that upon the termination of 
the existence of the Commission the authority to take such 
action shall vest in and the necessity of approval shall apply 
to the Board of Railroad Commissioners unless otherwise 
herein provided until some other tribunal shall be designated 
by law for such purpose but the provisions of this paragraph 
shall not apply to the powers hereinbefore reserved to the Tran- 
sit Commission to make additions to improvements changes 
or alterations in the subway or to dispose in a certain event 



Removal of 
property by 
railway com- 
pany. 



Indemnity. 



Recovery of 
excessive pay- 
ment. 



Termination of 
the existence of 
the Commis- 



154 



CONTRACTS. 



The Company 
to be subject 
to law. 



In 
testimonium. 



of certain property and rights acquired by the Transit Com- 
mission. 

It is understood and agreed that the party of the second 
part and any other company running cars within the subway 
as aforesaid shall with respect to the railway and tracks lo- 
cated in the subway and the equipment use and operation 
thereof and transportation thereon have all the powers and 
privileges and be subject to all the duties liabilities restrictions 
and provisions set forth in the general laws which now are or 
hereafter may be in force relating to street railways and street 
railway companies and in any other laws or acts which are or 
may be applicable to the party of the second part or such other 
company so far as the same are not or may not be inconsistent 
with the grants herein specifically made. 

In witness whereof the said parties hereto set their hands 
and seals the day and year first above mentioned the city of 
Boston executing this instrument by the Boston Transit Com- 
mission acting by a majority of its members thereto duly au- 
thorized and adopting a common seal the West End Street 
Railway Company causing its name and corporate seal to be 
affixed to these presents by its president thereto duly author- 
ized and the Boston Transit Commission also signing in the 
capacity above stated in the first paragraph of this instrument 
by a majority of its members thereto duly authorized each 
member adopting the same common seal. 



The City of Boston 
acting by the Boston 
Transit Commission. 



f GEORGE G. CROCKER, 
CHARLES H. DALTON, 
THOMAS J. GARGAN, 
GEORGE F. SWAIN. 



[seal] 



Boston Transit 
Commission. 



I GEORGE G. CROCKER, 
CHARLES H. DALTON, [seal] 
THOMAS J. GARGAN, 
GEORGE F. SWAIN. 



The West End Street Railway Company, 
By Samuel Little, 

President, [seal] 



THE WASHINGTON STREET TUNNEL. 155 



CONTRACT BETWEEN THE CITY OF BOSTON 
ACTING BY THE BOSTON TRANSIT COMMIS- 
SION AND THE BOSTON ELEVATED RAILWAY 
COMPANY FOR THE USE OF THE NEW TUNNEL 
AND SUBWAY (THE WASHINGTON STREET 
TUNNEL). 

[Dated September 25, 1902.] 

This contract made this twenty-fifth day of September in Parties. 
the year one thousand nine hundred and two by and between 
the city of Boston, hereinafter called the city, acting by the 
Boston Transit Commission, hereinafter called the commission, 
under and by virtue of an act of the Commonwealth of Mas- 
sachusetts entitled " An Act to Provide for the Construction of 
Additional Tunnels and Subways in the City of Boston," being 
chapter 534 of the acts of the year one thousand nine hundred 
and two, hereinafter called the act, and the Boston Elevated 
Railway Company, hereinafter called the company, witnesseth 
as follows: 

The city, pursuant to the act and in consideration of the 
rental therein provided for, hereby contracts with the com- 
pany for the sole and exclusive use of the system of tunnels, 
subways and appurtenances which may be constructed under 
the authority of the act, which system and appurtenances are 
hereinafter called the premises. 

The term is for the period of twenty-five years from the Term, 
beginning of the use of the tunnel, as said use and tunnel are 
in the act defined. 

The rental is an annual rental equal to four and one-half Rental, 
per cent, of the net cost of the tunnel and subway respectively. 
The net cost of the tunnel and subway respectively shall be 
deemed to include all expenditures incurred in acquisition and 
construction, including damages, expenses and salaries of the 
commission and interest at three and one-fourth per cent, per 
annum on the debt incurred in construction prior to the begin- 
ning of the use of such tunnel or subway respectively. Such 
net cost shall also include the amount expended for preliminary 
investigations and otherwise under the provisions of section 
two of the act, and the amount expended for alterations in 
the existing subway and in the approaches thereto under the 
provisions of section twelve, and shall be reduced by the de- 
ductions provided for in section seven, and if affected by any 
other provisions of the act shall be computed in accordance 
therewith. The rental shall be paid to the city in quarterly 
payments on the last day of December, March, June and 
September in each year and at the rate aforesaid for any un- 



156 



CONTRACTS. 



Use. 



Provisions and 
conditions. 

Equipment of 
the premises. 



completed quarter of a year. The rental of the tunnel and 
subway respectively is to begin when the use of each begins as 
hereinafter defined. 

If at anjr time during the continuance of the term of this 
contract the company shall be deprived in whole or in part of 
the use of the premises by any cause growing out of the act of 
God, of public enemies, of mobs or of riots; or growing out of 
works or excavations carried on or permitted by the city or 
other public authority; or growing out of explosions or the 
bursting of pipes outside the premises, the falling or settling of 
buildings, the filling or caving in or other physical obstruction 
of the premises or any part thereof not due to any act of the 
company, or its agents, servants or licensees, in the use of the 
premises, or to any negligence on its or their part, or to any 
failure of the company to maintain the premises in good order 
and condition as herein provided; or growing out of the loca- 
tion, maintenance or use of the wires or other apparatus which 
the city is hereinafter authorized to maintain in the premises; 
then the rental or a just and reasonable part thereof, as agreed 
upon by the mayor of the city and the company or in case of 
difference as determined by arbitration as hereinafter provided, 
shall be suspended or abated during such deprivation. 

The use is the sole and exclusive use of the premises for the 
running of trains and cars therein and such other uses as are 
hereinafter specified. 

The use of the tunnel or subway respectively shall begin 
when in the opinion of the commission a reasonable time after 
completion has been allowed for equipment. 

The use of the premises is to be upon the following provisions 
and conditions. 

The company shall suitably lay and maintain in first-class 
condition railway tracks in proper places in the premises, 
together with the appointments and apparatus necessary for 
the safe and convenient operation of the same and shall pro- 
vide and maintain all wires, electrical or other apparatus or 
equipment necessary or convenient for the furnishing of power 
and light therein and shall further provide requisite pumps, 
fans and ventilating apparatus and in general shall completely 
equip and furnish the premises with all machinery, piping, 
apparatus and furniture proper and adapted thereto and nec- 
essary for the convenient maintenance and operation of a rail- 
way therein and for the safety and accommodation of the pas- 
sengers upon such railway. 

All tracks, wires, appliances, fixtures, machinery, equip- 
ment, furniture and apparatus provided by the company 
shall be and remain the property of the company so long as it 
continues to occupy and use the premises under the provisions 
of this contract, and upon the termination of such use the city 
hereby agrees to take and pay for all such property at its then 
fair value as agreed upon by the mayor of the city and the com- 
pany or in case of difference as determined by arbitration as 



THE WASHINGTON STREET TUNNEL. 157 

hereinafter provided, and the company agrees to deliver to the 
city all such property at such valuation. 

The company shall maintain the premises, except as to re- Repairs, 
pairs below excepted, in good order and condition as a com- 
plete structure adapted to the maintenance and use of lines 
of railway, and shall at all reasonable times be entitled to a 
permit to open the streets and other public grounds of the city 
for the purpose of making requisite repairs to the premises, 
and when the right of the company or its assigns to use the 
premises shall terminate shall restore them to the city in 
good condition except as to repairs not obligatory upon 
the company. 

All repairs to the premises shall be at the sole cost and ex- 
pense of the company except such repairs as are made neces- 
sary by any cause growing out of the act of God, of public 
enemies, of mobs or of riots; or growing out of works or exca- 
vations carried on or permitted by the city or other public 
authority; or growing out of explosions or the bursting of pipes 
outside the premises, the falling or settling of buildings, the 
filling or caving in or other physical obstruction of the prem- 
ises or any part thereof not due to any act of the company, or 
its agents, servants or licensees, in the use of the premises, or 
to any negligence on its or their part, or to any failure of the 
company to maintain the premises in good order and condition 
as herein provided; or growing out of the location, mainte- 
nance or use of the wires or other apparatus which the city is 
hereinafter authorized to maintain in the premises; and if 
repairs shall be made necessary by any of said excepted causes 
then such repairs shall be made by the company and the rea- 
sonable cost and expense thereof deducted from the rental 
subsequently payable. 

The city shall not be responsible to the company for dam- Liability for 
ages of any description resulting from any defects in the prem- dama « e3 - 
ises, whether structural or arising out of want of repair or 
from any cause after the use of the same by the company has 
begun as hereinbefore provided, unless such damage result 
from the location, maintenance or use of the wires or other 
apparatus which the city is hereinafter authorized to main- 
tain in the premises ; nor shall it be responsible for any damages 
resulting to persons or property in the operation and use of 
the premises, including all parts thereof, whether on property 
belonging to the city or upon property the fee of which belongs 
to other parties, and the company shall hold the city harmless 
and indemnified therefrom and shall at its own expense upon 
due notice from the city defend all suits and other proceedings 
of every description, whether at law or in equity, which may 
be brought against the city, its officers, servants or agents by 
reason of any liability arising out of the operation and use of 
any portion of the premises or of the railways, machinery and 
apparatus therein and accruing after the right to use such 
portion has begun as herein provided, and shall satisfy all final 



158 



CONTRACTS. 



Premises to be 
kept clean. 



Inspection by 
public officials. 



Changes in 
premises. 



Additional 
uses. 



Newspaper 
booths and 
advertisements. 



Wires, con- 
duits, and 
tubes. 



judgments of legal tribunals rendered in such suits and proceed- 
ings. The foregoing provisions shall not be construed to im- 
pose any liability or obligation upon the company for any 
cause growing out of the act of God, of public enemies, of mobs 
or of riots; or growing out of works or excavations carried on 
or permitted by the city or other public authority; or growing 
out of explosions or the bursting of pipes outside the premises, 
the falling or settling of buildings, the filling or caving in or 
other physical obstruction of the premises or any part thereof 
not due to any act of the company, or its agents, servants or 
licensees, in the use of the premises, or to any negligence on 
its or their part, or to any failure of the company to maintain 
the premises in good order and condition as herein provided; 
or growing out of the location, maintenance or use of the wires 
or other apparatus which the city is hereinafter authorized to 
maintain in the premises. 

The company shall keep the premises thoroughly clean and 
free from unnecessary dampness, and the approaches to sta- 
tions clean and free from ice and snow. When the premises 
are in use it shall suitably light the same in all parts, and by 
means of artificial ventilation shall keep the air adequately 
pure for health and comfort. 

The governor of the commonwealth, the mayor and en- 
gineer of the city, and the members of the board of Railroad 
Commissioners, hereinafter called the board, and of the com- 
mission, and their respective engineers shall at all times have 
free entry to the premises for the purpose of inspecting the 
same. 

The company within the limitations of the act may make 
such alterations in or additions to the premises as may be 
approved by the commission. 

To the extent of the power of the company so to do and the 
power of the commission to contract therefor, the company 
may place and maintain in the premises booths for the sale of 
newspapers, magazines, periodicals and books, and in places 
specially adapted therefor may place or admit unobjectionable 
advertisements, and may make such other uses of the premises, 
not impairing the use for transportation of passengers, as the 
board may from time to time approve; provided however that 
such booths and advertisements shall not be so placed or used 
as to diminish or impair the safety, accommodation, conven- 
ience or comfort of passengers using the premises; and the 
company agrees that upon receipt of notice in writing at any 
time or from time to time from the board that in its opinion 
any of the uses above referred to or approved, either in whole 
or in part, in any way diminish or impair such safety, accom- 
modation, convenience or comfort or conflict in any way with 
the best interests of the public, it will forthwith to the extent 
specified in the notice discontinue such use. 

The company, upon such terms as it may deem expedient, 
may permit any person or corporation not authorized to carry 



THE WASHINGTON STREET TUNNEL. 159 

on a railway business but authorized to use and maintain wires, 
conduits, tubes or similar structures along the route of the 
premises, to place such wires, conduits, tubes or similar struct- 
ures within a corresponding portion of the premises used by 
the company, but only to such extent and for such time as may 
be practicable without interfering with the safe and convenient 
operation of the railway and other apparatus which the com- 
pany is hereby authorized to put therein, but the privilege 
shall not extend to gas or water pipes. 

The city may place in the premises such wires and apparatus 
as may be necessary for its police and fire-alarm service, to be 
used however exclusively for such service and to be so located 
as not to interfere with the use of the premises which the com- 
pany is hereby authorized to make. The location, construc- 
tion, maintenance and repair of such wires and apparatus shall 
be subject to such reasonable directions and regulations as the 
company may impose or in case of any disagreement as the 
board may determine. 

Except as above provided the company shall not have 
the right to place in the premises or attach thereto any struct- 
ures, machinery, merchandise, apparatus, advertisements or 
property of any sort which are not necessary or proper for 
the operation of its railway therein and the performance of its 
agreements herein contained. 

In the event of the failure of the company or its assigns Default and 
to pay the rental for three months after such rental shall P enalt y- 
have become due, or in the event of a failure to maintain and 
operate a railway within the premises, and if such failure shall 
have continued for three months, then in either of said events 
the city upon three months' notice, such default still continuing, 
shall have the right to terminate this contract and to re-enter 
upon and repossess itself of the premises, unless such failure 
to maintain and operate grows out of the act of God, of public 
enemies, of mobs or of riots; or grows out of works or excava- 
tions carried on or permitted by the city or other public au- 
thority; or grows out of explosions or the bursting of pipes 
outside the premises, the falling or settling of buildings, the 
filling or caving in or other physical obstruction of the premises 
or any part thereof not due to any act of the company, or its 
agents, servants or licensees, in the use of the premises, or to 
any negligence on its or their part, or to any failure of the com- 
pany to maintain the premises in good order and condition as 
herein provided; or grows out of the location, maintenance or 
use of the wires or other apparatus which the city is herein 
authorized to maintain in the premises. In case the right of 
re-entry and repossession above given shall be exercised, all the 
tracks, wires, apparatus, equipment and other property in 
the nature of fixtures of the company or its assigns within 
the premises may be taken by the city and be paid for by 
it at a valuation to be determined as herein provided for the 



160 



CONTRACTS. 



Removal of 
property by 
railway com- 
pany. 



Arbitration. 



Termination of 
the existence of 
the commis- 
sion. 



The company 
to be subject 
to law. 



occasion when the same are to be surrendered by the company 
at the expiration of the term of this contract. 

The company shall have no right at any time to remove 
from the premises any tracks, wires, apparatus, equipment 
or other property necessary to the use and maintenance 
of the premises and the operation of a railway therein, except 
for the purpose of repairs or renewal or for the sub- 
stitution of equivalent structures, property, apparatus or 
equipment. 

In case of disagreement between the city acting by its mayor 
and the company as to the amount due for rental, or as to the 
suspension or abatement thereof as herein provided, or as to 
the valuation of the property upon the termination of the 
use herein contracted for, the matter in dispute shall be left 
to the decision of three persons, one to be selected by the 
mayor of the city, one to be selected by the company and 
the third by the two thus chosen. The report of the arbi- 
trators or the majority of them shall be binding upon the 
parties hereto. 

In respect of all matters arising under this contract where 
provision is made for action by the commission or its approval 
of acts to be done by the company is required, it is provided 
and agreed that upon the termination of the existence of the 
commission the authority to take such action shall vest in the 
city, which shall have all the rights, powers and privileges 
and be subject to all the duties, restrictions and liabilities 
herein conferred or imposed upon the commission in respect 
thereof; such powers to be exercised by the mayor, city engi- 
neer and city treasurer in place of the commission or by such 
other officers as the city council may prescribe. 

With respect to the equipment, use and operation of the 
railway to be located in the premises and transportation thereon, 
the company is to have all the powers and privileges and be 
subject to all the duties, liabilities, restrictions and provisions 
set forth in general and special laws which now are or hereafter 
may be in force applicable to it. 

The recital of any provision of the act in the body of this 
contract shall not be deemed to convey any implication that 
any other provision thereof is not equally a part of the 
contract. 

The following is a copy of the act, the provisions of which, 
in so far as they declare, define or establish the terms and 
conditions for the construction, tenure, maintenance and 
operation of the tunnel, subway and appurtenances are hereby 
embodied in and made part of this contract. 

[Chap. 534, Acts of 1902. See page 43.] 

In witness whereof the parties hereto set their hands and seals 
the day and year first above mentioned, the City of Boston exe- 
cuting this contract by the Boston Transit Commission, pur- 
suant to a vote of the Commission, its members not being 
bound in their personal capacity, and the Boston Elevated 



THE WASHINGTON STREET TUNNEL. 161 

Railway Company causing its name and corporate seal to be 
affixed to these presents by its president thereto duly author- 
ized. 

THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

George G. Crocker, 
Charles H. Dalton, 
Thomas J. Gargan, [seal]. 
George F. Swain, 
Horace G. Allen. 

THE BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft, 

President, [seal]. 



162 CONTACTS. 



LEASE FROM THE CITY OF BOSTON ACTING BY 
THE BOSTON TRANSIT COMMISSION TO THE 
BOSTON ELEVATED RAILWAY COMPANY OF 
THE EAST BOSTON TUNNEL. 

1904. 

The Boston Transit Commission, hereinafter called the 
commission, acting under and by virtue of an act of the 
Commonwealth of Massachusetts entitled "An Act to Pro- 
mote Rapid Transit in the City of Boston and Vicinity," 
being chapter 500 of the acts of the year one thousand eight 
hundred and ninetj^-seven, hereinafter called the act, pur- 
suant to the requirements of the act hereby executes this 
lease to the Boston Elevated Railway Company, hereinafter 
called the company, of the tunnel to East Boston with the ap- 
proaches, entrances, sidings, stations and connections therefor, 
hereinafter called appurtenances, constructed under the au- 
thority of the act, which tunnel and appurtenances are herein- 
after called the premises. 
Term. The term is to begin when the use begins as hereinafter 

provided, and expires, as prescribed by the act, twenty-five 
years from the tenth day of June in the year one thousand 
eight hundred and ninety-seven. 

The use of the premises is to begin on the thirtieth day 
of December, 1904. 
Rental. The rental fixed by the act and hereby reserved is an annual 

rental equal to three-eighths of one per cent, of the gross 
receipts for each year, ending September thirtieth, of all lines 
owned, leased or operated by the company, to be paid to the 
city on or before the last day of November in each year, and 
at the same rate for fractional parts of a year. 

The rental, as prescribed by the act, shall be in full com- 
pensation for the exclusive use of the premises by the 
company, its sub-lessees, successors or assigns, the company 
having the privilege to sub-let the premises, as therein 
prescribed. 

As prescribed by the act, the company, as the agent of the 
city of Boston, hereinafter called the city, shall collect from 
each person passing through the tunnel in either direction a 
toll of one cent or such reduced toll as from time to time may 
lawfully be established, until such toll may lawfully be dis- 
continued; and if such toll is reduced below the amount of 
one cent the company shall make provision for the sale of 
tickets, and the cash toll shall continue to be one cent; which 
toll shall be collected under such arrangements as shall be 
agreed upon by the city and the company, or in case of dis- 



EAST BOSTON TUNNEL. 



163 



agreement as shall be determined by the Board of Railroad 
Commissioners, hereinafter called the board. 

If at any time during the continuance of the term hereof 
the company shall be deprived in whole or in part of the use 
of the premises by any cause growing out of the act of God, 
or public enemies, mobs or riots, works or excavations carried 
on or permitted by the city or other public authority, ex- 
plosions or the bursting of pipes outside the premises, or the 
falling or settling of buildings; or growing out of the filling, 
caving in or other physical obstruction of the premises or any 
part thereof not due to any unlawful or negligent act of the 
company, or its agents, servants or licensees, in the use of 
the premises, or to any failure of the company to maintain the 
premises in good order and condition so far as it is herein 
required so to do; or growing out of leakage, or the location, 
maintenance or use of the wires or other apparatus which 
the city is herein authorized to maintain in the premises; then 
during such deprivation the rental or a just and reasonable 
part thereof, as agreed upon by the mayor of the city and the 
company or in case of difference as determined by arbitration 
as hereinafter provided, shall be abated. 

The company shall suitably lay and maintain in first-class Equipment, 
condition railway tracks in proper places in the premises, 
together with the appointments and apparatus necessary for 
the safe and convenient operation of the same and shall provide 
and maintain all wires, ducts, electrical or other apparatus or 
equipment necessary or convenient for the furnishing of power 
and light therein, and in general shall furnish all machinery, 
apparatus and furniture necessary or proper for the convenient 
maintenance and operation of a railway therein, and for the 
safety and accommodation of passengers, elevators and venti- 
lating fans, however, being the subject of separate agreements 
of the parties; all of which so furnished shall remain the prop- 
erty of the company or its assigns so long as it or they continue 
to occupy and use the premises, and upon the termination of 
such use the same shall become the property of the city, which 
hereby agrees to pay for the same at its then fair value as 
agreed upon by the mayor of the city and the company or 
its assigns, or in case of difference as determined by arbitra- 
tion as hereinafter provided, and the same shall be delivered 
to the city at such valuation. 

The company shall maintain the premises, except as herein Repairs, 
otherwise provided, in good order and condition as a complete 
structure adapted to the maintenance and use of lines of 
railway, and shall at all reasonable times be entitled to a per- 
mit to open the streets and other public grounds of the city 
for the purpose of making such repairs as it is under obligation 
to make, and when the right of the company or its assigns to 
use the premises shall terminate, they shall be restored to the 
city in good condition except as to repairs not obligatory upon 
the company or its assigns. 



164 



CONTRACTS. 



Liability for 
damages. 



Premises to be 
kept clean, 
lighted and 
rentilated. 



All repairs to the premises shall be at the sole cost and 
expense of the company except such repairs as are made neces- 
sary by any cause growing out of the act of God, or public 
enemies, mobs or riots, works or excavations carried on or 
permitted by the city or other public authority, explosions or 
the bursting of pipes outside the premises, or the falling or set- 
tling of buildings; or growing out of the filling, caving in or 
other physical obstruction of the premises or any part thereof, 
not due to any unlawful or negligent act of the company, or 
its agents, servants or licensees, in the use of the premises, or 
to any failure of the company to maintain the premises in good 
order and condition so far as it is herein required so to do; 
or growing out of leakage, or the location, maintenance or use 
of the wires or other apparatus which the city is herein au- 
thorized to maintain in the premises. If repairs should be 
made necessary by any of said excepted causes, such repairs 
shall be made by the company and the reasonable cost and 
expense thereof shall be paid by the city at or before the time 
when the next payment of rental is made. 

In the operation and use of the premises, or of the railways, 
machinery or apparatus therein, if the company has exercised 
due care, the city shall hold it harmless and indemnified for 
such injury to the company's corporeal property, and against 
such damages for injuries to persons or to the property of others, 
as may result from leakage, the location, maintenance or use 
of the wires or other apparatus which the city is herein au- 
thorized to maintain in the premises, works or excavations 
carried on or permitted by the city or other public authority, 
mobs or riots to the extent of the city's legal liability therefor, 
the falling or settling of buildings in consequence of the con- 
struction or use hereunder of the premises, the collection of 
tolls, which is the subject of a separate agreement, or from 
the bursting or leakage of the city's pipes outside the premises, 
or the filling or caving in or other physical obstruction of the 
premises or any part thereof, such bursting or leakage of the 
city's pipes outside the premises or such filling, caving in or 
obstruction not being due to the act of God or public enemies. 
The company shall hold the city harmless and indemnified 
against all other injuries or damages for injuries resulting to 
persons or property in such operation and use, except such as 
result from the act of God, public enemies, mobs or riots or 
from explosions or the bursting or leakage of pipes outside the 
premises. 

Each party shall have the right, without prejudice to any 
other rights, to participate in the defence of any action or suit 
for any of the above causes. 

The company shall keep the premises thoroughly clean 
and the approaches to stations clean and free from ice and 
snow, and when the premises are in use it shall suitably light 
the same in all parts, and shall keep in repair and operate to 
the best of its ability the ventilating apparatus. 



EAST BOSTON TUNNEL. 



165 



Inspection by 
public officials. 



In accordance with the provisions of the act, the city agrees Leakage 
that the premises shall be kept water tight or, in case of leak- 
age, that the water shall be taken care of by it; and agrees 
to install and maintain, in such manner as not to interfere 
except unavoidably with the use of the premises by the com- 
pany, or its assigns, all pumps, piping, wires and other ap- 
pliances necessary therefor; and the company agrees to take 
care of and operate such appliances, as the agent of the city, 
to the best of its ability, and promptly to notify the city when- 
ever it comes to its knowledge that new appliances or extraor- 
dinary repairs are needed, but otherwise assumes no obligation 
to see that such appliances are at any time without defects or 
sufficient for the purpose, or responsibility in relation to such 
appliances, or to leakage in the premises. The company's 
compensation therefor as agreed upon by the mayor and the 
company or, in case of difference, determined by arbitration, 
as herein provided, shall be paid at or before the time when 
the next payment of rental is made. 

The governor of the commonwealth, the mayor and engineer 
of the city, and the members of the board and of the com- 
mission, and their respective engineers shall at all times have 
free entry to the premises for the purpose of inspecting the 
same. 

To the extent of its lawful powers the company may make Additional uses 
other incidental uses of the premises not impairing the use 
thereof for transportation of passengers, or diminishing or im- 
pairing the safety, accommodation, convenience or comfort 
of passengers; provided, however, that upon notice in writing 
at any time from the board that in its opinion any such in- 
cidental use impairs the use for transportation, or diminishes 
or impairs the safety, accommodation, convenience or comfort 
of passengers, it will forthwith, to the extent specified in the 
notice, discontinue such incidental use. 

If the company permits any other corporation or person wires and 
to place or maintain wires, ducts or other structures within duct3, 
the premises, it shall be only to such extent as will not inter- 
fere with the safe and convenient operation of the railway and 
other apparatus which the company or the city is authorized 
to put therein, and the company agrees not to permit any gas 
pipes to be placed therein, or any water pipes except such as 
may be needed for fire protection and other uses therein. 

Except as herein above provided the company shall not 
have the right to place in the premises or attach thereto any 
structures, machinery, merchandise, apparatus, advertise- 
ments or property of any sort which are not necessary or 
proper for the operation of its railway therein and the per- 
formance of its agreements herein contained. 

The city may place in the premises such wires and apparatus 
as may be necessary for its police and fire-alarm service, to be 
used, however, exclusively for such service, and to be so lo- 
cated as not to interfere with the use of the premises which 



166 



CONTRACTS. 



Default and 
penalty. 



Arbitration. 



The company 
to be subject 
to law. 



the company is hereby authorized to make, for which privilege 
the city shall allow such compensation as the mayor and the 
company may agree upon, or in case of difference as may be 
determined by arbitration as herein provided, to be paid at 
or before the time when the next payment of rental is made. 
The location, construction, maintenance and repair of such 
wires and apparatus shall be subject to such reasonable di- 
rections and regulations as the company may impose, or in 
case of any disagreement, as the board may determine. 

In the event of the failure of the company or its assigns 
to pay the rental for three months after such rental shall have 
become due, or in the event of a failure to maintain and op- 
erate a railway within the premises, and if such failure shall 
have continued for three months, then in either of said events 
the city upon three months' notice, such default still con- 
tinuing, shall have the right to terminate this contract and to 
re-enter upon and repossess itself of the premises, unless such 
failure to maintain and operate grows out of the act of God, 
or public enemies, mobs or riots, works or excavations carried 
on or permitted by the city or other public authority, explo- 
sions or the bursting of pipes outside the premises, or the falling 
or settling of buildings; or grows out of the filling, caving in 
or other physical obstruction of the premises or any part 
thereof not due to any unlawful or negligent act of the com- 
pany, or its agents, servants or licensees, in the use of the 
premises, or to any failure of the company to maintain the 
premises in good order and condition so far as it is herein re- 
quired so to do; or grows out of leakage, or the location, main- 
tenance or use of the wires or other apparatus which the city 
is herein authorized to maintain in the premises. In case the 
right of re-entry and repossession above given shall be exer- 
cised, all the tracks, wires, ducts, apparatus, equipment and 
other property of the company or its assigns within the prem- 
ises shall become the property of the city and shall be paid for 
by it at a valuation to be determined as herein provided upon 
termination of use. 

In case of difference between the city, acting by its mayor, 
and the company upon any matter as to which arbitration is 
herein provided for, the matter in dispute shall be left to the 
decision of three persons, one to be selected by the mayor of 
the city, one to be selected by the company and the third 
by the two thus chosen, the award of the majority of whom 
shall be binding upon the parties. 

In respect to the equipment, use and operation of the rail- 
way to be located in the premises and transportation thereon, 
the company is to have all the powers and privileges and be 
subject to all the duties, liabilities, restrictions and provisions 
set forth in general and special laws which now are or hereafter 
may be in force applicable to it, so far as the same do not im- 
pair contract rights or privileges, acquired under any law or 
otherwise. 



DORCHESTER TUNNEL. 



167 



It is agreed that the recital or repetition in this contract 
of certain provisions of the act is not understood or intended 
either to extend or impair the operation or effect of such pro- 
visions, but is for convenience of reference, and that such re- 
cital or repetition shall convey no implication that any other 
provision of said act is not equally operative and effective. 

In witness whereof the Boston Transit Commission has 
executed this instrument by the signature of a majority of its 
members pursuant to a vote of the commission, its members 
not being bound in their personal capacity, and the Boston 
Elevated Railway Company has caused its name and cor- 
porate seal to be affixed hereto by its president thereto duly 
authorized. 

GEORGE G. CROCKER\ 
C. H. DALTON / The Boston 

THOMAS J. GARGAN Transit 
GEO. F. SWAIN \ Commission. 

HORACE G. ALLEN / 



[seal] 



The Boston Elevated Railway Company 
By 

WILLIAM A. BANCROFT 

President. 



CONTRACT BETWEEN THE CITY OF BOSTON ACT- 
ING BY THE BOSTON TRANSIT COMMISSION 
AND THE BOSTON ELEVATED RAILWAY COM- 
PANY FOR THE USE OF THE DORCHESTER 
TUNNEL. 

[Dated December 7, 1911.] 

I. — This contract made this seventh day of December Parties, 
in the year nineteen hundred and eleven by and between 
the city of Boston, hereinafter called the city, acting by the 
Boston Transit Commission, hereinafter called the commis- 
sion, under and by virtue of an act of the Commonwealth of 
Massachusetts entitled "An Act Relative to Electric Railway 
Transportation Facilities in the City of Boston and its Vicinity," 
being chapter seven hundred and forty-one of the acts of the st. 1911, c. 741. 
year nineteen hundred and eleven, hereinafter called the act, 
and the Boston Elevated Railway Company, hereinafter called 
the company, witnesseth as follows: 

II. — The city, pursuant to the act and in consideration of Grant, 
the covenants and agreements herein contained, grants to 
the company the sole and exclusive use of the Dorchester 
tunnel, hereinafter called the premises, as defined in the act, p rem ises. 
and to be constructed under authority thereof, for the running st. 1911, 0. 741, 
of its cars therein and such other uses as are hereinafter specified, uses. 



168 



CONTRACTS. 



Beginning of 

Use. 

St. 1911, c. 741, 

8.3. 

Term. 

St. 1911, c. 741, 

s.31. 



St. 1911, c. 741, 
s.34. 



Rental. 

St. 1911, c. 741, 

s.31. 

St. 1911, c. 741, 

s.3. 

St. 1911, c. 741, 

s.20. 

St. 1911, c. 741, 

8.4. 

St. 1911, c. 741, 
s.20. 



III. — The use shall begin when in the opinion of the com- 
mission a reasonable time after completion has been allowed for 
equipment. 

IV. — The term of years of the use shall extend from the 
beginning of the use to the first day of July, nineteen hundred 
and thirty-six, and thereafter is to continue unless or until 
terminated as follows: 

All contracts for the use of the Tremont street subway, 
the East Boston tunnel, the Washington street tunnel, the 
tunnel of the Cambridge Connection, the Dorchester tunnel, 
the Boylston Street subway, and the East Boston tunnel 
extension shall continue in force after the first day of July, 
nineteen hundred and thirty-six, upon the same terms and 
conditions except as to the termination thereof, unless and until 
said contracts are terminated by notice either from the city 
of Boston or from the Boston Elevated Railway Company, as 
hereinafter provided. The city of Boston may terminate all 
said contracts on the first day of July, nineteen hundred and 
thirty-six, or on the first day of July of any year thereafter by 
giving at least two years' prior notice in writing, which notice 
it shall be the duty of the mayor of the city to give if directed 
so to do by an act of the general court, or if directed so to do by 
a vote of the city council of the city, approved by the board 
of Railroad Commissioners, hereinafter called the board. 
The Boston Elevated Railway Company may likewise ter- 
minate all said contracts on the first day of July, nineteen 
hundred and thirty-six, or on the first day of July of any year 
thereafter by giving to the mayor of the city at least two years' 
prior notice in writing. No notice on the part of either the 
city or the company shall be given more than three years prior 
to the date therein fixed for termination. 

V. — The rental shall be at the rate of four and one-half 
per cent, per annum upon the net cost. 

The net cost shall be deemed to include, except as is other- 
wise provided herein, all expenditures incurred in acquisition 
and construction including damages, expenses and salaries 
of the commission, and the interest on the debt incurred in 
construction prior to the beginning of the use and also all 
expenses incurred under the provisions of chapter ninety-four 
of the resolves of the year nineteen hundred and ten, prior to 
the date when the act took effect. For the purpose of ascer- 
taining the rental there shall be deducted from the cost the 
proceeds of sales and leases of lands, rights, or interests in 
lands or other property acquired by the commission in connec- 
tion with the construction of the premises, and the proceeds 
of sales or leases of buildings or other structures upon lands 
so acquired, and the fair valuation of any such lands and other 
property no longer needed for the purposes of the Dorchester 
tunnel but not actually sold, as agreed upon by the commission 
and the company, or in case of difference as determined by the 
board. Any interest received by the city upon the proceeds 



DORCHESTER TUNNEL. 169 

of the bonds issued by it prior to the expenditure of such pro- st. 1911, c. 741, 
ceeds shall be credited against interest during construction in s ' 4, 
ascertaining the net cost. 

The rental shall begin when the use begins. 

The rental shall be paid to the city in quarterly payments 
on the last day of December, March, June and September 
in each year and at the rate aforesaid for any uncompleted 
quarter of a year. 

If at any time during the continuance of the term of this 
contract the company shall be deprived in whole or in part 
of the use of the premises by any cause growing out of the 
act of God, of public enemies, of mobs or of riots; or growing 
out of works or excavations carried on or permitted by the 
city or other public authority; or growing out of explosions 
or the bursting of pipes outside the premises, the falling or 
settling of buildings, the filling or caving in or other physical 
obstruction of the premises or any part thereof not due to 
any act of the company, or its agents, servants or licensees, 
in the use of the premises, or to any negligence on its or their 
part, or to any failure of the company to maintain the premises 
in good order and condition as herein provided ; or growing out 
of the location, maintenance or use of the wires or other 
apparatus which the city is hereinafter authorized to maintain 
in the premises, then the rental or a just and reasonable part 
thereof, as agreed upon by the mayor of the city and the com- 
pany or in case of difference as determined by arbitration as 
hereinafter provided, shall be suspended or abated during such 
deprivation. 

VI. — The company shall suitably lay and maintain in first- Equipment, 
class condition railway tracks in proper places in the premises, 
together with the appointments and apparatus necessary 
for the safe and convenient operation of the same and shall 
provide and maintain all wires, electrical or other apparatus 
or equipment necessary or convenient for the furnishing of 
power and light therein and shall further provide requisite 
pumps, fans and ventilating apparatus and in general shall 
completely equip and furnish the premises with all machinery, 
piping, apparatus and furniture proper and adapted thereto 
and necessary for the convenient maintenance and operation 
of a railway therein and for the safety and accommodation of 
the passengers upon such railway. 

All tracks, wires, appliances, fixtures, machinery, equip- 
ment, furniture and apparatus provided by the company shall 
be and remain the property of the company so long as it con- 
tinues to occupy and use the premises under the provisions of 
this contract, and upon the termination of such use the city 
hereby agrees to take and pay for all such property at its then 
fair value as agreed upon by the mayor of the city and the 
company or in case of difference as determined by arbitration 
as hereinafter provided, and the company agrees to deliver to 
the city all such property at such valuation. 



170 CONTRACTS. 

Repairs. VII. — The company shall maintain the premises except 

as to repairs below excepted, in good order and condition as a 
structure complete so far as consistent with the provisions of 
the act, and adapted to the maintenance and use of lines of 
railway, and shall at all reasonable times be entitled to a per- 
mit to open the streets and other public grounds of the city 
for the purpose of making requisite repairs to the premises, 
and when the right of the company or its assigns to use the 
premises shall terminate shall restore them to the city in good 
condition except as to repairs not obligatory upon the company. 
All repairs to the premises shall be at the sole cost and ex- 
pense of the company except such repairs as are made neces- 
sary by any cause growing out of the act of God, of public 
enemies, of mobs or of riots; or growing out of works or excava- 
tions carried on or permitted by the city or other public au- 
thority; or growing out of explosions or the bursting of pipes 
outside the premises, the falling or settling of buildings, the 
filling or caving in or other physical obstruction of the premises 
or any part thereof not due to any act of the company, or its 
agents, servants or licensees, in the use of the premises, or to 
any negligence on its or their part, or to any failure of the com- 
pany to maintain the premises in good order and condition 
as herein provided; or growing out of the location, maintenance 
or use of the wires or other apparatus which the city is here- 
inafter authorized to maintain in the premises; and if repairs 
shall be made necessary by any of said excepted causes then 
such repairs shall be made by the company and the reasonable 
cost and expense thereof deducted from the rental subsequently 
payable. 
Liability for VIII. — The city shall not be responsible to the company 

damages. f or d ama g es f an y description resulting from any defects 

in the premises, whether structural or arising out of want 
of repair or from any cause after the use of the same by the 
company has begun as hereinbefore provided, unless such 
damage result from the location, maintenance or use of the 
wires or other apparatus which the city is hereinafter author- 
ized to maintain in the premises; nor shall it be responsible 
for any damages resulting to persons or property in the opera- 
tion and use of the premises, including all parts thereof, whether 
on property belonging to the city or upon property the fee of 
which belongs to other parties, and the company shall hold 
the city harmless and indemnified therefrom and shall at its 
own expense upon due notice from the city defend all suits 
and other proceedings of every description, whether at law or 
in equity, which may be brought against the city, its officers, 
servants or agents by reason of any liability arising out of the 
operation and use of any portion of the premises or of the 
railways, machinery and apparatus therein and accruing after 
the right to use such portion has begun as herein provided, 
and shall satisfy all final judgments of legal tribunals rendered 
in such suits and proceedings. The foregoing provisions 



DORCHESTER TUNNEL. 171 

shall not be construed to impose any liability or obligation 
upon the company for any cause growing out of the act of 
God, of public enemies, of mobs or of riots; or growing out of 
works or excavations carried on or permitted by the city or 
other public authority; or growing out of explosions or the 
bursting of pipes outside the premises, the falling or settling 
of buildings, the filling or caving in or other physical obstruc- 
tion of the premises or any part thereof not due to any act 
of the company, or its agents, servants or licensees, in the use 
of the premises, or to any negligence on its or their part, or to 
any failure of the company to maintain the premises in good 
order and condition as herein provided; or growing out of the 
location, maintenance or use of the wires or other apparatus 
which the city is hereinafter authorized to maintain in the 
premises. 

IX. — The company shall keep the premises thoroughly Premises to be 
clean and free from unnecessary dampness, and the approaches kept cIean - 
to stations clean and free from ice and snow. When the prem- 
ises are in use it shall suitably light the same in all parts, and 
by means of artificial ventilation shall keep the air adequately 
pure for health and comfort. 

X. — The company within the limitations of the act may changes in 
make such alterations in or additions to the premises as may Premises, 
be approved by the commission. 

XI. — To the extent of the power of the company so to do sundry uses. 
and the power of the commission to contract therefor, the 
company may place and maintain in the premises booths for 
the sale of newspapers, magazines, periodicals and books, and Newspaper 
in places specially adapted therefor may place or admit unob- advertisements, 
jectionable advertisements, and may make such other uses of 
the premises, not impairing the use for transportation of 
passengers, as the board may from time to time approve; 
provided however that such booths and advertisements shall 
not be so placed or used as to diminish or impair the safety, 
accommodation, convenience or comfort of passengers using 
the premises; and the company agrees that upon receipt of 
notice in writing at any time or from time to time from the 
board that in its opinion any of the uses above referred to or 
approved, either in whole or in part, in any way diminish or 
impair such safety, accommodation, convenience or comfort 
or conflict in any way with the best interests of the public, it 
will forthwith to the extent specified in the notice discontinue 
such use. 

XII. — The company, upon such terms as it may deem ex- wires, conduits 
pedient, may permit any person or corporation not author- ««i tubes, 
ized to carry on a railway business but authorized to use and 
maintain wires, conduits, tubes or similar structures along 
the route of the premises, to place such wires, conduits, tubes 
or similar structures within a corresponding portion of the prem- 
ises used by the company, but only to such extent and for such 
time as may be practicable without interfering with the safe 



172 



CONTRACTS. 



Police and 
Fire Alarm 
Service. 



Default and 
penalty. 



Removal of 
property by 
railway com- 
pany. 



and convenient operation of the railway and other apparatus 
which the company is hereby authorized to put therein, but 
the privilege shall not extend to gas or water pipes. 

Except as above provided the company shall not have the 
right to place in the premises or attach thereto any structures, 
machinery, merchandise, apparatus, advertisements or prop- 
erty of any sort which are not necessary or proper for the op- 
eration of its railway therein and the performance of its agree- 
ments herein contained. 

XIII. — The city may place in the premises such wires and 
apparatus as may be necessary for its police and fire-alarm 
service, to be used however exclusively for such service and 
to be so located as not to interfere with the use of the prem- 
ises which the company is hereby authorized to make. The 
location, construction, maintenance and repair of such wires 
and apparatus shall be subject to such reasonable directions 
and regulations as the company may impose or in case of 
any disagreement as the board may determine. 

XIV. — In the event of the failure of the company or its 
assigns to pay the rental for three months after such rental 
shall have become due, or in the event of a failure to main- 
tain and operate a railway within the premises, and if such 
failure shall have continued for three months, then in either 
of said events the city upon three months' notice, such default 
still continuing, shall have the right to terminate this con- 
tract and to re-enter upon and repossess itself of the premises, 
unless such failure to maintain and operate grows out of the 
act of God, of public enemies, of mobs or of riots; or grows 
out of works or excavations carried on or permitted by the 
city or other public authority; or grows out of explosions 
or the bursting of pipes outside the premises, the falling or 
settling of buildings, the filling or caving in or other physical 
obstruction of the premises or any part thereof not due to 
any act of the company, or its agents, servants or licensees, 
in the use of the premises, or to any negligence on its or their 
part, or to any failure of the company to maintain the prem- 
ises in good order and condition as herein provided; or grows 
out of the location, maintenance or use of the wires or other 
apparatus which the city is herein authorized to maintain 
in the premises. In case the right of re-entry and re-pos- 
session above given shall be exercised, all the tracks, wires, 
apparatus, equipment and other property in the nature of 
fixtures of the company or its assigns within the premises 
may be taken by the city and be paid for by it at a valuation 
to be determined as herein provided for the occasion when 
the same are to be surrendered by the company at the expi- 
ration of the term of this contract. 

XV. — The company shall have no right at any time to 
remove from the premises any tracks, wires, apparatus, equip- 
ment or other property necessary to the use and maintenance 
of the premises and the operation of a railway therein, except 



DORCHESTER TUNNEL. 



173 



for the purpose of repairs or renewal or for the substitution 
of equivalent structures, property, apparatus or equipment. 

XVI. — The governor of the commonwealth, the mayor and 
commissioner of public works of the city, and the members 
of the board and of the commission, and their respective en- 
gineers shall at all times have free entry to the premises for 
the purpose of inspecting the same. 

XVII. — In case of disagreement between the city acting 
by its mayor and the company as to the amount due for rental, 
or as to the suspension or abatement thereof as herein pro- 
vided, or as to the valuation of the property upon the ter- 
mination of the use herein contracted for, the matter in dis- 
pute shall be left to the decision of three persons, one to be 
selected by the mayor of the city, one to be selected by the 
company and the third by the two thus chosen. The report 
of the arbitrators or the majority of them shall be binding 
upon the parties hereto. 

XVIII. — In respect of all matters arising under this con- 
tract where provision is made for action by the commission 
or its approval of acts to be done by the company is required, 
it is provided and agreed that upon the termination of the ex- 
istence of the commission the authority to take such action 
shall vest in the city, which shall have all the rights, powers 
and privileges and be subject to all the duties, restrictions 
and liabilities herein conferred or imposed upon the com- 
mission in respect thereof; such powers to be exercised by 
the mayor, commissioner of public works and city treasurer 
in place of the commission or by such other officers as the 
city council may prescribe. 

XIX. — With respect to the equipment, use and operation 
of the railway to be located in the premises and transporta- 
tion thereon, the company is to have all the powers and privi- 
leges and be subject to all the duties, liabilities, restrictions 
and provisions set forth in general and special laws which now 
are or hereafter may be in force applicable to it. 

XX. — The use and control of the premises under this con- 
tract is subject to the rights, if any, of the West End Street 
Railway Company under Article II of the existing lease from 
the West End Street Railway Company to the Boston Ele- 
vated Railway Company as modified in accordance with law. 

XXI. — This contract shall not in any respect impair any 
right which the commonwealth or the city, or any other li- 
censee of the commonwealth may at any time have to take 
the railway properties of the company. In the event of such 
taking the compensation to be paid to the company shall 
not be enhanced by reason of this contract nor shall it be 
diminished because of the fact that without this contract the 
connection between different parts of said properties might 
be cut off. 

XXII. — The recital of any provision of the act in the body 
of this contract shall not be deemed to convey any implica- 



Inspection by 
public officials. 



Arbitration. 



Termination of 
the existence of 
the Commis- 



The Company 
to be subject 
to law. 



Rights of 
West End 
Street Railway 
Company. 

St. 1911, c. 741, 
s.40. 

Right of Com- 
monwealth or 
City to Take 
by Eminent 
Domain. 



Controlling 
Effect of the 
Act. 



174 CONTRACTS. 

tion that any other provision thereof is not equally a part of 

the contract, and it is understood and agreed that anything 

herein contained which is contrary to or inconsistent with 

the provisions of the act in the form and as approved on the 

twentieth day of July, nineteen hundred and eleven, is and 

shall be void and of no effect. 

Copy of XXIII. — The following is a copy of those sections of Part 

ProvSfons ^ °f the ac t> the provisions of which, in so far as they declare, 

of the Act. define or establish the terms and conditions for the construc- 

s. 4. ,c * ' tion, tenure, maintenance and operation of the premises, 

are embodied in and made part of this contract, as required 

by the act. 

[Acts of 1911, Chap. 741, Sections 1-4, see page 91; Sections 
14-26, see page 98.] 

In witness whereof the parties hereto, and to two other 
instruments of like tenor and effect, have set their hands and 
seals the day and year first above mentioned, the City of Boston, 
acting by the Boston Transit Commission, pursuant to a vote 
of the Commission, its members not being bound in their 
personal capacity, and the Boston Elevated Railway Com- 
pany, acting by its President, hereto duly authorized. 

THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal] Horace G. Allen 
Josiah Quincy 
James B. No yes 

Members of said Commission. 

BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

President. 
[seal] 



BOYLSTON STREET SUBWAY. 



175 



CONTRACT BETWEEN THE CITY OF BOSTON ACT- 
ING BY THE BOSTON TRANSIT COMMISSION 
WITH THE BOSTON ELEVATED RAILWAY 
COMPANY FOR THE USE OF THE BOYLSTON 
STREET SUBWAY. 

[Dated December 7, 1911.] 

I. — This contract made this seventh day of December 
in the year nineteen hundred and eleven by and between 
the city of Boston, hereinafter called the city, acting by the 
Boston Transit Commission, hereinafter called the commission, 
under and by virtue of an act of the Commonwealth of Massa- 
chusetts entitled "An Act Relative to Electric Railway Trans- 
portation Facilities in the City of Boston and its Vicinity," 
being chapter seven hundred and forty-one of the acts of the 
year nineteen hundred and eleven, hereinafter called the act, 
and the Boston Elevated Railway Company, hereinafter called 
the company, witnesseth as follows: 

II. — The city, pursuant to the act and in consideration of 
the covenants and agreements herein contained, grants to the 
company the sole and exclusive use of the Boylston Street 
subway, hereinafter called the premises, as defined in the 
act, and to be constructed under authority thereof, for the 
running of its cars therein and such other uses as are here- 
inafter specified. 

III. — The use shall begin when in the opinion of the com- 
mission a reasonable time after completion has been allowed 
for equipment. 

IV. — The term of years of the use shall extend from the 
beginning of the use to the first day of July, nineteen hundred 
and thirty-six, and thereafter is to continue unless or until 
terminated as follows: 

All contracts for the use of the Tremont street subway, 
the East Boston tunnel, the Washington street tunnel, the 
tunnel of the Cambridge Connection, the Dorchester tunnel, 
the Boylston Street subway, and the East Boston tunnel ex- 
tension shall continue in force after the first day of July, 
nineteen hundred and thirty-six, upon the same terms and 
conditions except as to the termination thereof, unless and until 
said contracts are terminated by notice either from the city 
of Boston or from the Boston Elevated Railway Company, as 
hereinafter provided. The city of Boston may terminate all 
said contracts on the first day of July, nineteen hundred and 
thirty-six, or on the first day of July of any year thereafter by 
giving at least two years' prior notice in writing, which notice 
it shall be the duty of the mayor of the city to give if directed 
so to do by an act of the general court, or if directed so to do by 



Parties. 



St. 1911, c. 741. 



Grant. 

St. 1911, c. 741, 

s.7. 

Premises. 



Uses. 



Beginning of 

Use. 

St. 1911, c. 741, 

s.7. 

Term. 

St. 1911, c. 741, 

s.32. 



St. 1911, c. 741, 
s.34. 



176 CONTRACTS. 

a vote of the city council of the city, approved by the board of 
Railroad Commissioners, hereinafter called the board. The 
Boston Elevated Railway Company may likewise terminate 
all said contracts on the first day of July, nineteen hundred and 
thirty-six, or on the first day of July of any year thereafter 
by giving to the mayor of the city at least two years' prior 
notice in writing. No notice on the part of either the city or 
the company shall be given more than three years prior to 
the date therein fixed for termination. 
Rental. V. — The rental shall be at the rate of four and one-half per 

St. 1911, c. 741, , ,i , , ^ 

s.32. cent, per annum upon the net cost. 

The net cost shall be deemed to include, except as is other- 
wise provided herein, all expenditures incurred in acquisi- 
tion and construction including damages, expenses and salaries 
of the commission, and the interest on the debt incurred in 
St. i9ii, c. 74i, construction prior to the beginning of the use, and shall also 
s * 7, include all expenses incurred in connection with the Riverbank 

st. i9ii, c. 74i, subway authorized by chapter five hundred and seventy- 
stfigii, c. 74i, three of the acts of the year nineteen hundred and seven, prior 
s - 5 - to the date when the act took effect. The cost of enlarging 

the Tremont street subway, if that is done, or of building a 
separate subway, as provided in the act, shall be included in 
the cost of the premises. For the purpose of ascertaining the 
s.2o. ,c * ' rental there shall be deducted from the cost the proceeds of 
sales and leases of lands, rights, or interests in lands or other 
property acquired by the commission in connection with the 
construction of the premises and the proceeds of sales or leases 
of buildings or other structures upon lands so acquired, and the 
fair valuation of any such lands and other property no longer 
needed for the purposes of the Boylston Street subway but not 
actually sold, as agreed upon by the commission and the com- 
st. i9ii, c. 74i, pany, or in case of difference as determined by the board. Any 
s - 9 - interest received by the city upon the proceeds of the bonds 

issued by it prior to the expenditure of such proceeds shall be 
credited against interest during construction in ascertaining 
the net cost. 

The rental shall begin when the use begins. 
The rental shall be paid to the city in quarterly payments 
on the last day of December, March, June and September in 
each year and at the rate aforesaid for any uncompleted quarter 
of a year. 

If at any time during the continuance of the term of this 
contract the company shall be deprived in whole or in part of 
the use of the premises by any cause growing out of the act of 
God, of public enemies, of mobs or of riots; or growing out of 
works or excavations carried on or permitted by the city or 
other public authority; or growing out of explosions or the 
bursting of pipes outside the premises, the falling or settling 
of buildings, the filling or caving in or other physical obstruction 
of the premises or any part thereof not due to any act of the 
company, or its agents, servants or licensees, in the use of the 



BOYLSTON STREET SUBWAY. 



177 



premises, or to any negligence on its or their part, or to any 
failure of the company to maintain the premises in good order 
and condition as herein provided; or growing out of the loca- 
tion, maintenance or use of the wires or other apparatus which 
the city is hereinafter authorized to maintain in the premises; 
then the rental or a just and reasonable part thereof, as agreed 
upon by the mayor of the city and the company or in case of 
difference as determined by arbitration as hereinafter provided, 
shall be suspended or abated during such deprivation. 

VI. — The company shall suitably lay and maintain in first- Equipment, 
class condition railway tracks in proper places in the premises, 
together with the appointments and apparatus necessary for 
the safe and convenient operation of the same and shall pro- 
vide and maintain all wires, electrical or other apparatus or 
equipment necessary or convenient for the furnishing of power 
and light therein and shall further provide requisite pumps, 
fans and ventilating apparatus and in general shall completely 
equip and furnish the premises with all machinery, piping, 
apparatus and furniture proper and adapted thereto and nec- 
essary for the convenient maintenance and operation of a rail- 
way therein and for the safety and accommodation of the pas- 
sengers upon such railway. 

All tracks, wires, appliances, fixtures, machinery, equipment, 
furniture and apparatus provided by the company shall be 
and remain the property of the company so long as it continues 
to occupy and use the premises under the provisions of this 
contract, and upon the termination of such use the city hereby 
agrees to take and pay for all such property at its then fair 
value as agreed upon by the mayor of the city and the company 
or in case of difference as determined by arbitration as herein- 
after provided, and the company agrees to deliver to the city 
all such property at such valuation. 

VII. — The company shall maintain the premises, except as Repairs, 
to repairs below excepted, in good order and condition as a 
structure complete so far as consistent with the provisions of 
the act, and adapted to the maintenance and use of lines of 
railway, and shall at all reasonable times be entitled to a per- 
mit to open the streets and other public grounds of the city 
for the purpose of making requisite repairs to the premises, 
and when the right of the company or its assigns to use the 
premises shall terminate shall restore them to the city in good 
condition except as to repairs not obligatory upon the 
company. 

All repairs to the premises shall be at the sole cost and ex- 
pense of the company except such repairs as are made necessary 
by any cause growing out of the act of God, of public enemies, 
of mobs or of riots; or growing out of works or excavations 
carried on or permitted by the city or other public authority; 
or growing out of explosions or the bursting of pipes outside 
the premises, the falling or settling of buildings, the filling or 
caving in or other physical obstruction of the premises or any 



178 



CONTRACTS. 



Liability for 
damages. 



Premises to be 
kept clean. 



part thereof not due to any act of the company, or its agents, 
servants or licensees, in the use of the premises, or to any neg- 
ligence on its or their part, or to any failure of the company to 
maintain the premises in good order and condition as herein 
provided; or growing out of the location, maintenance or use 
of the wires or other apparatus which the city is hereinafter 
authorized to maintain in the premises, and if repairs shall be 
made necessary by any of said excepted causes then such re- 
pairs shall be made by the company and the reasonable cost 
and expense thereof deducted from the rental subsequently 
payable. 

VIII. — The city shall not be responsible to the company 
for damages of any description resulting from any defects 
in the premises, whether structural or arising out of want 
of repair or from any cause after the use of the same by the 
company has begun as hereinbefore provided, unless such 
damage result from the location, maintenance or use of the 
wires or other apparatus which the city is hereinafter author- 
ized to maintain in the premises; nor shall it be responsible 
for any damages resulting to persons or property in the opera- 
tion and use of the premises, including all parts thereof, whether 
on property belonging to the city or upon property the fee of 
which belongs to other parties, and the company shall hold 
the city harmless and indemnified therefrom and shall at its 
own expense upon due notice from the city defend all suits and 
other proceedings of every description, whether at law or in 
equity, which may be brought against the city, its officers, 
servants or agents by reason of any liability arising out of the 
operation and use of any portion of the premises or of the rail- 
ways, machinery and apparatus therein and accruing after the 
right to use such portion has begun as herein provided, and 
shall satisfy all final judgments of legal tribunals rendered in 
such suits and proceedings. The foregoing provisions shall 
not be construed to impose any liability or obligation upon 
the company for any cause growing out of the act of God, of 
public enemies, of mobs or of riots; or growing out of works 
or excavations carried on or permitted by the city or other 
public authority; or growing out of explosions or the burst- 
ing of pipes outside the premises, the falling or settling of 
buildings, the filling or caving in or other physical obstruction 
of the premises or any part thereof not due to any act of the 
company, or its agents, servants or licensees, in the use of the 
premises, or to any negligence on its or their part, or to any 
failure of the company to maintain the premises in good order 
and condition as herein provided; or growing out of the lo- 
cation, maintenance or use of the wires or other apparatus 
which the city is hereinafter authorized to maintain in the 
premises. 

IX. — The company shall keep the premises thoroughly 
clean and free from unnecessary dampness, and the approaches 
to stations clean and free from ice and snow. When the 



BOYLSTON STREET SUBWAY. 



179 



premises are in use it shall suitably light the same in all parts, 
and by means of artificial ventilation shall keep the air ade- 
quately pure for health and comfort. 

X. — The company within the limitations of the act may 
make such alterations in or additions to the premises as may 
be approved by the commission. 

XI. — To the extent of the power of the company so to do 
and the power of the commission to contract therefor, the 
company may place and maintain in the premises booths 
for the sale of newspapers, magazines, periodicals and books 
and in places specially adapted therefor may place or admit 
unobjectionable advertisements, and may make such other 
uses of the premises, not impairing the use for transportation 
of passengers, as the board may from time to time approve; 
provided however that such booths and advertisements shall 
not be so placed or used as to diminish or impair the safety, 
accommodation, convenience or comfort of passengers using 
the premises; and the company agrees that upon receipt of 
notice in writing at any time or from time to time from the 
board that in its opinion any of the uses above referred to or 
approved, either in whole or in part, in any way diminish or 
impair such safety, accommodation, convenience or comfort 
or conflict in any way with the best interests of the public, it 
will forthwith to the extent specified in the notice discontinue 
such use. 

XII. — The company, upon such terms as it may deem 
expedient, may permit any person or corporation not author- 
ized to carry on a railway business but authorized to use and 
maintain wires, conduits, tubes or similar structures along the 
route of the premises, to place such wires, conduits, tubes or 
similar structures within a corresponding portion of the prem- 
ises used by the company, but only to such extent and for such 
time as may be practicable without interfering with the safe 
and convenient operation of the railway and other apparatus 
which the company is hereby authorized to put therein, but 
the privilege shall not extend to gas or water pipes. 

Except as above provided the company shall not have the 
right to place in the premises or attach thereto any struct- 
ures, machinery, merchandise, apparatus, advertisements or 
property of any sort which are not necessary or proper for 
the operation of its railway therein and the performance of 
its agreements herein contained. 

XIII. — The city may place in the premises such wires and 
apparatus as may be necessary for its police and fire-alarm 
service, to be used however exclusively for such service and 
to be so located as not to interfere with the use of the premises 
which the company is hereby authorized to make. The loca- 
tion, construction, maintenance and repair of such wires and 
apparatus shall be subject to such reasonable directions and 
regulations as the company may impose or in case of any dis- 
agreement as the board may determine. 



Changes in 
premises. 



Sundry uses. 



Newspaper 
booths and ad- 
vertisements. 



Wires, con- 
duits and 
tubes. 



Police and Fire 
Alarm Service. 



180 



CONTRACTS. 



Default and 
penalty. 



Removal of 
property by 
railway com- 
pany. 



Inspection by 
public officials. 



Arbitration. 



XIV. — In the event of the failure of the company or its 
assigns to pay the rental for three months after such rental 
shall have become due, or in the event of a failure to main- 
tain and operate a railway within the premises, and if such 
failure shall have continued for three months, then in either 
of said events the city upon three months' notice, such default 
still continuing, shall have the right to terminate this con- 
tract and to re-enter upon and re-possess itself of the premises, 
unless such failure to maintain and operate grows out of the 
act of God, of public enemies, of mobs or of riots; or grows 
out of works or excavations carried on or permitted by the 
city or other public authority; or grows out of explosions or 
the bursting of pipes outside the premises, the falling or settling 
of buildings, the filling or caving in or other physical obstruc- 
tion of the premises or any part thereof not due to any act 
of the company, or its agents, servants or licensees, in the 
use of the premises ; or to any negligence on its or their part, 
or to any failure of the company to maintain the premises in 
good order and condition as herein provided; or grows out of 
the location, maintenance or use of the wires or other appa- 
ratus which the city is herein authorized to maintain in the 
premises. In case the right of re-entry and re-possession 
above given shall be exercised, all the tracks, wires, apparatus, 
equipment and other property in the nature of fixtures of the 
company or its assigns within the premises may be taken by 
the city and be paid for by it at a valuation to be determined 
as herein provided for the occasion when the same are to be 
surrendered by the company at the expiration of the term of 
this contract. 

XV. — The company shall have no right at any time to 
remove from the premises any tracks, wires, apparatus, equip- 
ment or other property necessary to the use and maintenance 
of the premises and the operation of a railway therein, 
except for the purpose of repairs or renewal or for the sub- 
stitution of equivalent structures, property, apparatus or 
equipment. 

XVI. — The governor of the commonwealth, the mayor and 
commissioner of public works of the city, and the members 
of the board and of the commission, and their respective 
engineers shall at all times have free entry to the premises for 
the purpose of inspecting the same. 

XVII. — In case of disagreement between the city acting by 
its mayor and the company as to the amount due for rental, 
or as to the suspension or abatement thereof as herein pro- 
vided, or as to the valuation of the property upon the termina- 
tion of the use herein contracted for, the matter in dispute 
shall be left to the decision of three persons, one to be selected 
by the mayor of the city, one to be selected by the company 
and the third by the two thus chosen. The report of the 
arbitrators or the majority of them shall be binding upon the 
parties hereto. 



BOYLSTON STREET SUBWAY. 



181 



XVIII. — In respect of all matters arising under this con- 
tract where provision is made for action by the commission 
or its approval of acts to be done by the company is required, 
it is provided and agreed that upon the termination of the 
existence of the commission the authority to take such action 
shall vest in the city, which shall have all the rights, powers 
and privileges and be subject to all the duties, restrictions 
and liabilities herein conferred or imposed upon the commission 
in respect thereof; such powers to be exercised by the mayor, 
commissioner of public works and city treasurer in place of 
the commission or by such other officers as the city council 
may prescribe. 

XIX. — With respect to the equipment, use and operation 
of the railway to be located in the premises and transporta- 
tion thereon, the company is to have all the powers and privi- 
leges and be subject to all the duties, liabilities, restrictions 
and provisions set forth in general and special laws which 
now are or hereafter may be in force applicable to it. 

XX. — The use and control of the premises under this con- 
tract is subject to the rights, if any, of the West End Street 
Railway Company under Article II of the existing lease from 
the West End Street Railway Company to the Boston Elevated 
Railway Company as modified in accordance with law. 

XXI. — This contract shall not in any respect impair any 
right which the commonwealth or the city, or any other li- 
censee of the commonwealth may at any time have to take 
the railway properties of the company. In the event of such 
taking the compensation to be paid to the company shall 
not be enhanced by reason of this contract nor shall it be 
diminished because of the fact that without this contract the 
connection between different parts of said properties might be 
cut off. 

XXII. — The recital of any provision of the act in the body 
of this contract shall not be deemed to convey any implica- 
tion that any other provision thereof is not equally a part of 
the contract, and it is understood and agreed that anything 
herein contained which is contrary to or inconsistent with the 
provisions of the act in the form and as approved on the twen- 
tieth day of July, nineteen hundred and eleven, is and shall be 
void and of no effect. 

XXIII. — The following is a copy of those sections of Part 
I of the act, the provisions of which, in so far as they declare, 
define or establish the terms and conditions for the construc- 
tion, tenure, maintenance and operation of the premises, are 
embodied in and made part of this contract, as required by 
the act. 

[Acts of 1911, Chap. 741, Sections 5-9, see page 93; Sec- 
tions 14-26, see page 98.] 

In witness whereof the parties hereto, and to two other 
instruments of like tenor and effect, have set their hands and 
seals the day and year first above mentioned, the City of 



Termination of 
the existence of 
the commis- 
sion. 



The company 
to be subject 
to law. 



Rights of West 

End Street 

Railway 

Company. 

St. 1911, o. 741, 

s.40. 



Right of Com- 
monwealth or 
City to Take 
by Eminent 
Domain. 



Controlling 
Effect of the 
Act. 



St. 1911, c. 741, 
s.7. 

Copy of 
Certain 
Provisions of 
the Act. 



182 



CONTRACTS. 



Boston, acting by the Boston Transit Commission, pursuant 
to a vote of the Commission, its members not being bound 
in their personal capacity, and the Boston Elevated Railway 
Company, acting by its President, hereto duly authorized. 

THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal| Horace G. Allen 

Josiah Quincy 
James B. No yes 
Members of said Commission. 

BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

[seal] President. 



CONTRACT BETWEEN THE CITY OF BOSTON 
ACTING BY THE BOSTON TRANSIT COMMIS- 
SION AND THE BOSTON ELEVATED RAILWAY 
COMPANY FOR THE USE OF THE EAST BOSTON 
TUNNEL EXTENSION. 

[Dated December 7, 1911.] 

Parties. I. — This contract made this seventh day of December in 

the year nineteen hundred and eleven by and between the city 
of Boston, hereinafter called the city, acting by the Boston 
Transit Commission, hereinafter called the commission, under 
and by virtue of an act of the Commonwealth of Massachusetts 

St. i9ii, c. 74i. entitled "An Act Relative to Electric Railway Transportation 
Facilities in the City of Boston and its Vicinity," being chapter 
seven hundred and forty-one of the acts of the year nineteen 
hundred and eleven, hereinafter called the act, and the Boston 
Elevated Railway Company, hereinafter called the company, 
witnesseth as follows: 

Grant. II. — The city, pursuant to the act and in consideration of 

st^ i9ii. c. 74i, ^xq covenants and agreements herein contained, grants to the 
company the sole and exclusive use of the East Boston tunnel 

Premises. extension, hereinafter called the premises, as defined in the act, 

and to be constructed under authority thereof, for the running 

Uses. of its cars therein and such uses as are hereinafter speci- 

fied. 

Beginning of III. — The use shall begin when in the opinion of the com- 

st?i9ii, c. 74i, mission a reasonable time after completion has been allowed 

s. 12. f or equipment. 



EAST BOSTON TUNNEL EXTENSION. 



183 



St. 1911, c. 741, 
8.34. 



IV. — The term of years of the use shall extend from the be- Term, 
ginning of the use to the first day of July, nineteen hundred f*^ 911 *' 741, 
and thirty-six, and thereafter is to continue unless or until 
terminated as follows: 

All contracts for the use of the Tremont street subway, the 
East Boston tunnel, the Washington street tunnel, the tunnel 
of the Cambridge Connection, the Dorchester tunnel, the 
Boylston Street subway, and the East Boston tunnel extension 
shall continue in force after the first day of July, nineteen hun- 
dred and thirty-six, upon the same terms and conditions except 
as to the termination thereof, unless and until said contracts 
are terminated by notice either from the city of Boston or from 
the Boston Elevated Railway Company, as hereinafter pro- 
vided. The city of Boston may terminate all said contracts 
on the first day of July, nineteen hundred and thirty-six, or on 
the first day of July of any year thereafter by giving at least 
two years' prior notice in writing, which notice it shall be the 
duty of the mayor of the city to give if directed so to do by an 
act of the general court, or if directed so to do by a vote of 
the city council of the city, approved by the board of Railroad 
Commissioners, hereinafter called the board. The Boston 
Elevated Railway Company may likewise terminate all said 
contracts on the first day of July, nineteen hundred and thirty- 
six, or on the first day of July of any year thereafter by giving 
to the mayor of the city at least two years' prior notice in writ- 
ing. No notice on the part of either the city or the company 
shall be given more than three years prior to the date therein 
fixed for termination. 

V. — The rental shall be at the rate of four and one-half per 
cent, per annum upon the net cost. 

The net cost shall be deemed to include, except as is other- 
wise provided herein, all expenditures incurred in acquisition 
and construction and in making necessary changes in the East 
Boston tunnel including damages, expenses (except damages s. i3. 
and all other expenses for lands and rights in lands or otherwise 
incurred, for the widening of Cambridge street, one-half of 
which damages and expenses, less the betterments the city shall 
pay, in the same manner as for other work done under chapter 
three hundred and ninety-three of the acts of the year nineteen 
hundred and six, and one-half of which shall be considered as 
part of the cost of the premises and be paid for out of the pro- 
ceeds of bonds issued under section thirteen of the act), and 
salaries of the commission, and the interest on the debt incurred 
in construction prior to the beginning of the use. For the 
purpose of ascertaining the rental there shall be deducted from st. 1911,0.741, 
the cost, except as above provided, the proceeds of sales and s - 20 - 
leases of lands, rights, or interests in lands or other property 
acquired by the commission in connection with the construc- 
tion of the premises, and the proceeds of sales or leases of build- 
ings or other structures upon lands so acquired, and the fair 
valuation of any such lands and other property no longer needed 



Rental. 

St. 1911, c. 741, 

s. 33, 34. 

St. 1911, c. 741, 

s. 12. 

St. 1911, c. 741, 

s. 20. 

St. 1911, c. 741, 



184 CONTRACTS. 

for the purposes of the East Boston tunnel extension but not 
actually sold, as agreed upon by the commission and the com- 
st.1911, o. 741, pany, or in case of difference as determined by the board. Any 
s * 13, interest received by the city upon the proceeds of the bonds 

issued by it prior to the expenditure of such proceeds shall be 
credited against interest during construction in ascertaining 
the net cost. 

The rental shall begin when the use begins. 

The rental shall be paid to the city in quarterly payments 
on the last day of December, March, June and September in 
each year and at the rate aforesaid for any uncompleted quarter 
of a year. 

If at any time during the continuance of the term of this 
contract the company shall be deprived in whole or in part 
of the use of the premises by any cause growing out of the 
act of God, of public enemies, of mobs or of riots; or grow- 
ing out of works or excavations carried on or permitted by 
the city or other public authority; or growing out of explosions 
or the bursting of pipes outside the premises, the falling or 
settling of buildings, the filling or caving in or other physical 
obstruction of the premises or any part thereof not due to any 
act of the company, or its agents, servants, or licensees, in 
the use of the premises, or to any negligence on its or their 
part, or to any failure of the company to maintain the premises 
in good order and condition as herein provided ; or growing out 
of the location, maintenance or use of the wires or other appara- 
tus which the city is hereinafter authorized to maintain in the 
premises; then the rental or a just and reasonable part thereof, 
as agreed upon by the ma} r or of the city and the company or 
in case of difference as determined by arbitration as herein- 
after provided, shall be suspended or abated during such depri- 
vation. 
Equipment. VI. — The company shall suitably lay and maintain in first- 

class condition railway tracks in proper places in the premises, 
together with the appointments and apparatus necessary for 
the safe and convenient operation of the same and shall pro- 
vide and maintain all wires, electrical or other apparatus or 
equipment necessary or convenient for the furnishing of power 
and light therein and shall further provide requisite pumps, 
fans and ventilating apparatus and in general shall completely 
equip and furnish the premises with all machinery, piping, 
apparatus and furniture proper and adapted thereto and neces- 
sary for the convenient maintenance and operation of a railway 
therein and for the safety and accommodation of the passengers 
upon such railway. 

All tracks, wires, appliances, fixtures, machinery, equip- 
ment, furniture and apparatus provided by the company shall 
be and remain the property of the company so long as it con- 
tinues to occupy and use the premises under the provisions of 
this contract, and upon the termination of such use the city 
hereby agrees to take and pay for all such property at its then 



EAST BOSTON TUNNEL EXTENSION. 



185 



fair value as agreed upon by the mayor of the city and the com- 
pany or in case of difference as determined by arbitration as 
hereinafter provided, and the company agrees to deliver to the 
city all such property at such valuation. 

VII. — The company shall maintain the premises, except Repairs, 
as to repairs below excepted, in good order and condition as 
a structure complete so far as consistent with the provisions 
of the act, and adapted to the maintenance and use of lines of 
railway, and shall at all reasonable times be entitled to a per- 
mit to open the streets and other public grounds of the city for 
the purpose of making requisite repairs to the premises, and 
when the right of the company or its assigns to use the premises 
shall terminate shall restore them to the city in good condition 
except as to repairs not obligatory upon the company. 

All repairs to the premises shall be at the sole cost and ex- 
pense of the company except such repairs as are made neces- 
sary by any cause growing out of the act of God, of public 
enemies, of mobs or of riots; or growing out of works or excava- 
tions carried on or permitted by the city or other public author- 
ity; or growing out of explosions or the bursting of pipes out- 
side the premises, the falling or settling of buildings, the filling 
or caving in or other physical obstruction of the premises or any 
part thereof not due to any act of the company, or its agents, 
servants or licensees, in the use of the premises, or to any negli- 
gence on its or their part, or to any failure of the company to 
maintain the premises in good order and condition as herein 
provided; or growing out of the location, maintenance or use 
of the wires or other apparatus which the city is hereinafter 
authorized to maintain in the premises; and if repairs shall be 
made necessary by any of said excepted causes then such repairs 
shall be made by the company and the reasonable cost and 
expense thereof deducted from the rental subsequently payable. 

VIII. — The city shall not be responsible to the company Liability fo* 
for damages of any description resulting from any defects in dama s e8 « 
the premises, whether structural or arising out of want of re- 
pair or from any cause after the use of the same by the com- 
pany has begun as hereinbefore provided, unless such damage 
result from the location, maintenance or use of the wires or 
other apparatus which the city is hereinafter authorized to 
maintain in the premises; nor shall it be responsible for any 
damages resulting to persons or property in the operation and 
use of the premises, including all parts thereof, whether on 
property belonging to the city or upon property the fee of 
which belongs to other parties, and the company shall hold 
the city harmless and indemnified therefrom and shall at its 
own expense upon due notice from the city defend all suits and 
other proceedings of every description, whether at law or in 
equity, which may be brought against the city, its officers, 
servants or agents by reason of any liability arising out of the 
operation and use of any portion of the premises or of the rail- 
ways, machinery and apparatus therein and accruing after the 



186 



CONTRACTS. 



Premises to be 
kept clean. 



Changesjin 
premises. 



Sundry uses. 



Newspaper 
booths and 
advertisements. 



Wires, con- 
duits and 
tubes. 



right to use such portion has begun as herein provided, and 
shall satisfy all final judgments of legal tribunals rendered in 
such suits and proceedings. The foregoing provisions shall 
not be construed to impose any liability or obligation upon the 
company for any cause growing out of the act of God, of public 
enemies, of mobs or of riots; or growing out of works or exca- 
vations carried on or permitted by the city or other public 
authority; or growing out of explosions or the bursting of pipes 
outside the premises, the falling or settling of buildings, the 
filling or caving in or other physical obstruction of the premises 
or any part thereof not due to any act of the company, or its 
agents, servants or licensees, in the use of the premises, or to 
any negligence on its or their part, or to any failure of the com- 
pany to maintain the premises in good order and condition as 
herein provided; or growing out of the location, maintenance 
or use of the wires or other apparatus which the city is herein- 
after authorized to maintain in the premises. 

IX. — The company shall keep the premises thoroughly 
clean and free from unnecessary dampness, and the approaches 
to stations clean and free from ice and snow. When the prem- 
ises are in use it shall suitably light the same in all parts, and by 
means of artificial ventilation shall keep the air adequately 
pure for health and comfort. 

X. — The company within the limitations of the act may make 
such alterations in or additions to the premises as may be 
approved by the commission. 

XL — To the extent of the power of the company so to do 
and the power of the commission to contract therefor, the 
company may place and maintain in the premises booths for 
the sale of newspapers, magazines, periodicals and books, and 
in places specially adapted therefor may place or admit unob- 
jectionable advertisements, and may make such other uses of 
the premises, not impairing the use for transportation of pas- 
sengers, as the board may from time to time approve; provided 
however that such booths and advertisements shall not be so 
placed or used as to diminish or impair the safety, accommo- 
dation, convenience or comfort of passengers using the premises; 
and the company agrees that upon receipt of notice in writing 
at any time or from time to time from the board that in its 
opinion any of the uses above referred to or approved, either 
in whole or in part, in any way diminish or impair such safety, 
accommodation, convenience or comfort or conflict in any way 
with the best interests of the public, it will forthwith to the 
extent specified in the notice discontinue such use. 

XII. — The company, upon such terms as it may deem ex- 
pedient, may permit any person or corporation not author- 
ized to carry on a railway business but authorized to use and 
maintain wires, conduits, tubes or similar structures along the 
route of the premises, to place such wires, conduits, tubes or 
similar structures within a corresponding portion of the prem- 
ises used by the company, but only to such extent and for such 



EAST BOSTON TUNNEL EXTENSION. 187 

time as may be practicable without interfering with the safe 
and convenient operation of the railway and other apparatus 
which the company is hereby authorized to put therein, but 
the privilege shall not extend to gas or water pipes. 

Except as above provided the company shall not have 
the right to place in the premises or attach thereto any struct- 
ures, machinery, merchandise, apparatus, advertisements or 
property of any sort which are not necessary or proper for the 
operation of its railway therein and the performance of its 
agreements herein contained. 

XIII. — The city may place in the premises such wires and Police and Fire 
apparatus as may be necessary for its police and fire-alarm Alarm Service - 
service, to be used however exclusively for such service and to 
be so located as not to interfere with the use of the premises 
which the company is hereby authorized to make. The loca- 
tion, construction, maintenance and repair of such wires and 
apparatus shall be subject to such reasonable directions and 
regulations as the company may impose or in case of any dis- 
agreement as the board may determine. 

XIV. — In the event of the failure of the company or its Default and 
assigns to pay the rental for three months after such rental penalty - 
shall have become due, or in the event of a failure to maintain 
and operate a railway within the premises, and if such failure 
shall have continued for three months, then in either of said 
events the city upon three months' notice, such default still 
continuing, shall have the right to terminate this contract 
and to re-enter upon and repossess itself of the premises, 
unless such failure to maintain and operate grows out of the 
act of God, of public enemies, of mobs, or riots; or grows out 
of works or excavations carried on or permitted by the city 
or other public authority; or grows out of explosions or the 
bursting of pipes outside the premises, the falling or settling 
of buildings, the filling or caving in or other physical obstruc- 
tion of the premises or any part thereof not due to any act 
of the company, or its agents, servants or licensees, in the use 
of the premises, or to any negligence on its or their part, or 
to any failure of the company to maintain the premises in good 
order and condition as herein provided; or grows out of the 
location, maintenance or use of the wires or other apparatus 
which the city is herein authorized to maintain in the premises. 
In case the right of re-entry and repossession above given shall 
be exercised, all the tracks, wires, apparatus, equipment and 
other property in the nature of fixtures of the company or its 
assigns within the premises may be taken by the city and be 
paid for by it at a valuation to be determined as herein provided 
for the occasion when the same are to be surrendered by the 
company at the expiration of the term of this contract. 

XV. — The company shall have no right at any time to Removal of 
remove from the premises any tracks, wires, apparatus, equip- Snway^om- 
ment or other property necessary to the use and maintenance P an y- 
of the premises and the operation of a railway therein, except 



188 



CONTRACTS. 



Inspection by 
public officials. 



Arbitration. 



Termination of 
the existence of 
the commis- 
sion. 



The company 
to be subject 
to law. 



Rights of West 

End Street 

Railway 

Company. 

St. 1911, c. 741, 

s.40. 



Right of Com- 
monwealth or 
City to Take 
by Eminent 
Domain. 



Controlling 
Effect of the 
Act. 



for the purpose of repairs or renewal or for the substitution of 
equivalent structures, property, apparatus or equipment. 

XVI. — The governor of the commonwealth, the mayor and 
commissioner of public works of the city, and the members of 
the board and of the commission, and their respective engi- 
neers shall at all times have free entry to the premises for 
the purpose of inspecting the same. 

XVII. — In case of disagreement between the city acting by 
its mayor and the company as to the amount due for rental, 
or as to the suspension or abatement thereof as herein pro- 
vided, or as to the valuation of the property upon the termi- 
nation of the use herein contracted for, the matter in dis- 
pute shall be left to the decision of three persons, one to be 
selected by the mayor of the city, one to be selected by the 
company and the third by the two thus chosen. The report 
of the arbitrators or the majority of them shall be binding upon 
the parties hereto. 

XVIII. — In respect of all matters arising under this con- 
tract where provision is made for action by the commission or 
its approval of acts to be done by the company is required, it 
is provided and agreed that upon the termination of the exist- 
ence of the commission the authority to take such action 
shall vest in the city, which shall have all the rights, powers 
and privileges and be subject to all the duties, restrictions and 
liabilities herein conferred or imposed upon the commission in 
respect thereof; such powers to be exercised by the mayor, 
commissioner of public works and city treasurer in place of 
the commission or by such other officers as the city council 
may prescribe. 

XIX. — With respect to the equipment, use and operation 
of the railway to be located in the premises and transpor- 
tation thereon, the company is to have all the powers and 
privileges and be subject to all the duties, liabilities, restric- 
tions and provisions set forth in general and special laws which 
now are or hereafter may be in force applicable to it. 

XX. — The use and control of the premises under this con- 
tract is subject to the rights, if any, of the West End Street 
Railway Company under Article II of the existing lease from 
the West End Street Railway Company to the Boston Ele- 
vated Railway Company as modified in accordance with law. 

XXI. — This contract shall not in any respect impair any 
right which the commonwealth or the city, or any other li- 
censee of the commonwealth may at any time have to take 
the railway properties of the company. In the event of such 
taking the compensation to be paid to the company shall 
not be enhanced by reason of this contract nor shall it be 
diminished because of the fact that without this contract 
the connection between different parts of said properties 
might be cut off. 

XXII. — The recital of any provision of the act in the body 
of this contract shall not be deemed to convey any implication 
that any other provision thereof is not equally a part of the 



CAMBRIDGE CONNECTION. 189 

contract, and it is understood and agreed that anything herein 
contained which is contrary to or inconsistent with the pro- 
visions of the act in the form and as approved on the twentieth 
day of July, nineteen hundred and eleven, is and shall be void 
and of no effect. 

XXIII. — The following is a copy of those sections of Part I Copy^of 
of the act, the provisions of which, in so far as they declare, pro\dsfons>f 
define or establish the terms and conditions for the construe- ^4^'JfSi 
tion, tenure, maintenance and operation of the premises and s. 12. 
appurtenances, are embodied in and made part of this con- 
tract, as required by the act. 

[Acts 1911, Chap. 741, Sections 10-26, see page 109.] 
In witness whereof the parties hereto, and to two other 
instruments of like tenor and effect, have set their hands and 
seals the day and year first above mentioned, the City of 
Boston, acting by the Boston Transit Commission, pursuant 
to a vote of the Commission, its members not being bound 
in their personal capacity, and the Boston Elevated Railway 
Company, acting by its President, hereto duly authorized. 

THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal] Horace G. Allen 

Josiah Quincy 
James B. No yes 
Members of said Commission. 

BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

President. 
[seal] 



CONTRACT BETWEEN THE CITY OF BOSTON ACTING 
BY THE BOSTON TRANSIT COMMISSION AND 
THE BOSTON ELEVATED RAILWAY COMPANY 
FOR THE USE OF THE CAMBRIDGE CONNEC- 
TION, SO-CALLED. 

[Dated December 7, 1911.] 

I. — This contract made this seventh day of December parties. 
in the year nineteen hundred and eleven by and between the 
city of Boston, hereinafter called the city, acting by the Boston 
Transit Commission, hereinafter called the commission, under 
and by virtue of two acts of the Commonwealth of Massa- 
chusetts, one being entitled "An Act to Authorize the Boston st. 1906, c. 520, 
Elevated Railway Company to Construct a Subway or Sub- B -^' 



190 



CONTRACTS. 



St. 1911, c. 741. 



Grant. 

St. 1906, c. 520, 

s. 23. 

St. 1911, c. 741, 

8.30. 

Premises. 



Uses. 

Beginning of 

Use. 

St. 1906, c. 520, 

s.23. 

Term. 

St. 1911, c. 741, 

s. 30. 



St. 1911, c. 741, 
s.34. 



ways in the City of Cambridge and to Provide for Connec- 
tion Thereof with the Railway System in the City of Boston," 
being chapter five hundred and twenty of the acts of the year 
nineteen hundred and six, and the other being entitled "An 
Act Relative to Electric Railway Transportation Facilities 
in the City of Boston and its Vicinity," being chapter seven 
hundred and forty-one of the acts of the year nineteen hun- 
dred and eleven, said two acts being hereinafter called the 
acts, and the Boston Elevated Railway Company, hereinafter 
called the company, witnesseth as follows: 

II. — The city, pursuant to the acts and in consideration of 
the covenants and agreements herein contained, grants to 
the company the sole and exclusive use of the tunnel and its 
appurtenances and terminals now being constructed under 
authority of section twenty-three of chapter five hundred and 
twenty of the acts of the year nineteen hundred and six, being 
the Cambridge Connection, so called, and hereinafter called 
the premises, for the running of its elevated trains and surface 
cars therein and such other uses as are hereinafter specified. 

III. — The use shall begin when in the opinion of the com- 
mission a reasonable time after completion has been allowed 
for equipment. 

IV. — The term of years of the use shall extend from the 
beginning of the use to the first day of July, nineteen hun- 
dred and thirty-six, and thereafter is to continue unless or 
until terminated as follows: 

All contracts for the use of the Tremont street subway, the 
East Boston tunnel, the Washington street tunnel, the tunnel 
of the Cambridge Connection, the Dorchester tunnel, the 
Boylston Street subway, and the East Boston tunnel ex- 
tension shall continue in force after the first day of July, nine- 
teen hundred and thirty-six, upon the same terms and con- 
ditions except as to the termination thereof, unless and until 
said contracts are terminated by notice either from the city 
of Boston or from the Boston Elevated Railway Company, 
as hereinafter provided. The city of Boston may terminate 
all said contracts on the first day of July, nineteen hundred 
and thirty-six, or on the first day of July of any year there- 
after by giving at least two years' prior notice in writing, which 
notice it shall be the duty of the mayor of the city to give if 
directed so to do by an act of the general court, or if directed 
so to do by a vote of the city council of the city, approved 
by the board of Railroad Commissioners, hereinafter called 
the board. The Boston Elevated Railway Company may 
likewise terminate all said contracts on the first day of July, 
nineteen hundred and thirty-six, or on the first day of July 
of any year thereafter by giving to the mayor of the city at 
least two years' prior notice in writing. No notice on the 
part of either the city or the company shall be given more 
than three years prior to the date therein fixed for termina- 
tion. 



CAMBRIDGE CONNECTION. 



191 



V. — The rental for a period of twenty years from the be- Rental, 
ginning of use shall be at the rate of four and seven-eighths sty 906, c. 520. 
per cent, per annum upon the net cost and thereafter shall St. 1911, c. 741, 
be at the rate of four and one-half per cent, per annum upon s * 30, 
the net cost. 

The net cost shall be deemed to include all expenditures st. 1906, c. 520. 
incurred in acquisition and construction including damages, st 2 i'902, c. 534, 
expenses and salaries of the commission, and interest at the | t 7, 1911 741 
rate of four per cent, per annum on the debt incurred in con- s.20. 
struction prior to the beginning of the use. It shall also in- 
clude the cost of enlarging by not more than one-third the 
width of the existing entrances to and exits from the Park 
street station. For the purpose of ascertaining the rental, 
there shall be deducted from the cost the proceeds of sales of 
buildings, lands, rights or interests in lands or other property 
acquired in connection with the construction of the premises 
and the fair valuation of any such lands and other property 
no longer needed for the purposes of the Cambridge Con- 
nection but not actually sold, as agreed upon by the com- 
mission and the company or in case of difference as deter- 
mined by the board. 

The rental shall begin when the use begins. 
The rental shall be paid to the city in quarterly payments 
on the last day of December, March, June and September 
in each year and at the rate aforesaid for any uncompleted 
quarter of a year. 

If at any time during the continuance of the term of this 
contract the company shall be deprived in whole or in part 
of the use of the premises by any cause growing out of the 
act of God, of public enemies, of mobs or of riots; or growing 
out of works or excavations carried on or permitted by the 
city or other public authority; or growing out of explosions 
or the bursting of pipes outside the premises, the falling or 
settling of buildings, the filling or caving in or other physical 
obstruction of the premises or any part thereof not due to any 
act of the company, or its agents, servants or licensees, in 
the use of the premises, or to any negligence on its or their 
part, or to any failure of the company to maintain the premises 
in good order and condition as herein provided; or growing 
out of the location, maintenance or use of the wires or other 
apparatus which the city is hereinafter authorized to maintain 
in the premises; then the rental or a just and reasonable part 
thereof, as agreed upon by the mayor of the city and the com- 
pany or in case of difference as determined by arbitration as 
hereinafter provided, shall be suspended or abated during such 
deprivation. 

VI. — The company shall suitably lay and maintain in first- Equipment, 
class condition railway tracks in proper places in the premises, 
together with the appointments and apparatus necessary 
for the safe and convenient operation of the same and shall 
provide and maintain all wires, electrical or other apparatus 



192 CONTRACTS. 

or equipment necessary or convenient for the furnishing of 
power and light therein and shall further provide requisite 
pumps, fans and ventilating apparatus and in general shall 
completely equip and furnish the premises with all machinery, 
piping, apparatus and furniture proper and adapted thereto 
and necessary for the convenient maintenance and operation 
of a railway therein and for the safety and accommodation 
of the passengers upon such railway. 

All tracks, wires, appliances, fixtures, machinery, equip- 
ment, furniture and apparatus provided by the company 
shall be and remain the property of the company so long as 
it continues to occupy and use the premises under the pro- 
visions of this contract, and upon the termination of such use 
the city hereby agrees to take and pay for all such property 
at its then fair value as agreed upon by the mayor of the city 
and the company or in case of difference as determined by 
arbitration as hereinafter provided, and the company agrees 
to deliver to the city all such property at such valuation. 
Repairs. VII. — The company shall maintain the premises, except 

as to repairs below excepted, in good order and condition 
as a structure complete so far as consistent with the pro- 
visions of the act, and adapted to the maintenance and use 
of lines of railway, and shall at all reasonable times be entitled 
to a permit to open the streets and other public grounds of 
the city for the purpose of making requisite repairs to the 
premises, and when the right of the company or its assigns 
to use the premises shall terminate shall restore them to the 
city in good condition except as to repairs not obligatory 
upon the company. 

All repairs to the premises shall be at the sole cost and 
expense of the company except such repairs as are made nec- 
essary by any cause growing out of the act of God, of public 
enemies, of mobs or of riots; or growing out of works or ex- 
cavations carried on or permitted by the city or other public 
authority; or growing out of explosions or the bursting of 
pipes outside the premises, the falling or settling of buildings, 
the filling or caving in or other physical obstruction of the 
premises or any part thereof not due to any act of the company, 
or its agents, servants or licensees, in the use of the premises, 
or to any negligence on its or their part, or to any failure of 
the company to maintain the premises in good order and 
condition as herein provided; or growing out of the location, 
maintenance or use of the wires or other apparatus which the 
city is hereinafter authorized to maintain in the premises; 
and if repairs shall be made necessary by any of said excepted 
causes then such repairs shall be made by the company and 
the reasonable cost and expense thereof deducted from the 
rental subsequently payable. 
Liability for VIII. — The city shall not be responsible to the company 

damages. £ Qr damages f an y description resulting from any defects 

in the premises, whether structural or arising out of want of 



CAMBRIDGE CONNECTION. 193 

repair or from any cause after the use of the same by the 
company has begun as hereinbefore provided, unless such 
damage result from the location, maintenance or use of the 
wires or other apparatus which the city is hereinafter author- 
ized to maintain in the premises; nor shall it be responsible 
for any damages resulting to persons or property in the opera- 
tion and use of the premises, including all parts thereof, whether 
on property belonging to the city or upon property the fee 
of which belongs to other parties, and the company shall hold 
the city harmless and indemnified therefrom and shall at its 
own expense upon due notice from the city defend all suits 
and other proceedings of every description, whether at law or 
in equity, which may be brought against the city, its officers, 
servants or agents by reason of any liability arising out of the 
operation and use of any portion of the premises or of the rail- 
ways, machinery and apparatus therein and accruing after the 
right to use such portion has begun as herein provided, and shall 
satisfy all final judgments of legal tribunals rendered in such 
suits and proceedings. The foregoing provisions shall not be 
construed to impose any liability or obligation upon the com- 
pany for any cause growing out of the act of God, of public 
enemies, of mobs or of riots; or growing out of works or excava- 
tions carried on or permitted by the city or other public au- 
thority; or growing out of explosions or the bursting of pipes 
outside the premises, the falling or settling of buildings, the 
filling or caving in or other physical obstruction of the premises 
or any part thereof not due to any act of the company, or 
its agents, servants or licensees, in the use of the premises, 
or to any negligence on its or their part, or to any failure of 
the company to maintain the premises in good order and 
condition as herein provided; or growing out of the location, 
maintenance or use of the wires or other apparatus which 
the city is hereinafter authorized to maintain in the premises. 

IX. — The company shall keep the premises thoroughly Premises to b© 
clean and free from unnecessary dampness, and the approaches kept clean * 
to stations clean and free from ice and snow. When the 
premises are in use it shall suitably light the same in all parts, 
and by means of artificial ventilation shall keep the air ade- 
quately pure for health and comfort, unless such artificial 
ventilation is deemed by the board to be unnecessary. 

X. — The company within the limitations of the acts may changes in 
make such alterations in or additions to the premises as may P renuses - 
be approved by the commission. 

XI. — To the extent of the power of the company so to do Sundry uses, 
and the power of the commission to contract therefor, the 
company may place and maintain in the premises booths 
for the sale of newspapers, magazines, periodicals and books, Newspaper 
and in places specially adapted therefor may place or admit advertisements, 
unobjectionable advertisements, and may make such other 
uses of the premises, not impairing the use for transportation 
of passengers, as the board may from time to time approve; 



194 



CONTRACTS. 



Wires, con 
duits and 
tubes. 



provided however that such booths and advertisements shall 
not be so placed or used as to diminish or impair the safety, 
accommodation, convenience or comfort of passengers using 
the premises; and the company agrees that upon receipt of 
notice in writing at any time or from time to time from the 
board that in its opinion any of the uses above referred to or 
approved, either in whole or in part, in any w T ay diminish 
or impair such safety, accommodation, convenience or comfort 
or conflict in any way with the best interests of the public, 
it will forthwith to the extent specified in the notice discontinue 
such use. 

XII. — The company, upon such terms as it may deem ex- 
pedient, may permit any person or corporation not author- 
ized to carry on a railway business but authorized to use 
and maintain wires, conduits, tubes or similar structures 
along the route of the premises, to place such wires, con- 
duits, tubes or similar structures within a corresponding 
portion of the premises used by the company, but only to 
such extent and for such time as may be practicable with- 
out interfering with the safe and convenient operation of 
the railway and other apparatus which the company is hereby 
authorized to put therein, but the privilege shall not extend to 
gas or water pipes. 

Except as above provided the company shall not have 
the right to place in the premises or attach thereto any struct- 
ures, machinery, merchandise, apparatus, advertisements or 
property of any sort which are not necessary or proper for the 
operation of its railway therein and the performance of its 
agreements herein contained. 

XIII. — The city may without charge place in the premises 
such wires and apparatus as may be necessary for its police 
f^ 906, c ' 520, an d fire-alarm service, to be used, however, exclusively for such 
service, and to be so located as not to interfere with the use of 
the premises which the company is hereby authorized to make. 
The location, construction, maintenance and repair of such 
wires and apparatus shall be subject to such reasonable direc- 
tions and regulations as the company may impose, or, in case 
of any disagreement, as the commission may determine. 

XIV. — In the event of the failure of the company or its 
assigns to pay the rental for three months after such rental 
shall have become due, or in the event of a failure to main- 
tain and operate a railway within the premises and if such 
failure shall have continued for three months, then in either 
of said events the city upon three months' notice, such default 
still continuing, shall have the right to terminate this contract 
and to re-enter upon and repossess itself of the premises, 
unless such failure to maintain and operate grows out of the 
act of God, of public enemies, of mobs or of riots; or grows out 
of works or excavations carried on or permitted by the city 
or other public authority; or grows out of explosions or the 
bursting of pipes outside the premises, the falling or settling 



Police and 
Fire Alarm 
Service 



Default and 
penalty. 



CAMBRIDGE CONNECTION. 195 

of buildings, the filling or caving in or other physical obstruc- 
tion of the premises or any part thereof not due to any act of 
the company, or its agents, servants or licensees, in the use of 
the premises, or to any negligence on its or their part, or to 
any failure of the company to maintain the premises in good 
order and condition as herein provided; or grows out of the 
location, maintenance or use of the wires or other apparatus 
which the city is herein authorized to maintain in the premises. 
In case the right of re-entry and repossession above given shall 
be exercised, all the tracks, wires, apparatus, equipment and 
other property in the nature of fixtures of the company or its 
assigns within the premises may be taken by the city and be 
paid for by it at a valuation to be determined as herein pro- 
vided for the occasion when the same are to be surrendered 
by the company at the expiration of the term of this contract. 

XV. — The company shall have no right at any time to re- Removal of 
move from the premises any tracks, wires, apparatus, equip- SSway^om- 
ment or other property necessary to the use and maintenance P an y- 
of the premises and the operation of a railway therein, except 
for the purpose of repairs or renewal or for the substitution of 
equivalent structures, property, apparatus or equipment. 

XVI. — The governor of the commonwealth, the mayor inspection by 
and commissioner of public works of the city, and the mem- pubhc officials - 
bers of the board and of the commission, and their respective 
engineers shall at all times have free entry to the premises 
for the purpose of inspecting the same. 

XVII. — In case of disagreement between the city acting Arbitration. 
by its mayor and the company as to the amount due for rental, 
or as to the suspension or abatement thereof as herein provided, 
or as to the valuation of the property upon the termination 
of the use herein contracted for, the matter in dispute shall be 
left to the decision of three persons, one to be selected by the 
mayor of the city, one to be selected by the company and the 
third by the two thus chosen. The report of the arbitrators 
of the majority of them shall be binding upon the parties hereto. 

XVIII. — In respect of all matters arising under this contract Termination of 
where provision is made for action by the commission or its of th?oomm!s- 
approval of acts to be done by the company is required, it is sion - 
provided and agreed that upon the termination of the exist- 
ence of the commission the authority to take such action shall 
vest in the city, which shall have all the rights, powers and 
privileges and be subject to all the duties, restrictions and 
liabilities herein conferred or imposed upon the commission 
in respect thereof; such powers to be exercised by the mayor, 
commissioner of public works and city treasurer in place of 
the commission or by such other officers as the city council 
may prescribe. 

XIX. — With respect to the equipment, use and operation The company 
of the railway to be located in the premises and transpor- to iSJ. ubiect 
tation thereon, the company is to have all the powers and 
privileges and be subject to all the duties, liabilities, restric- 



196 



CONTRACTS. 



Rights of West 
End Street 
Railway Com- 
pany. 

St. 1911, c. 741, 
s,40. 



Right of Com- 
monwealth or 
City to take 
by Eminent 
Domain. 



Controlling 
Effect of the 
Acts. 



tions and provisions set forth in general and special laws 
which now are or hereafter may be in force applicable to it, 

XX. — The use and control of the premises under this con- 
tract is subject to the rights, if any, of the West End Street 
Railway Company under Article II of the existing lease from 
the West End Street Railway Company to the Boston Elevated 
Railway Company as modified in accordance with law. 

XXI. — This contract shall not in any respect impair any 
right which the commonwealth or the city, or any other li- 
censee of the commonwealth may at any time have to take 
the railway properties of the company. In the event of such 
taking the compensation to be paid to the company shall 
not be enhanced by reason of this contract nor shall it be 
diminished because of the fact that without this contract the 
connection between different parts of said properties might 
be cut off. 

XXII. — It is understood and agreed that anything herein 
contained which is contrary to or inconsistent with the pro- 
visions of the acts in the form and as approved on the twenty- 
third day of June, nineteen hundred and six, and on the 
twentieth day of July, nineteen hundred and eleven, respectively, 
is and shall be void and of no effect. 

In witness whereof the parties hereto, and to two other 
instruments of like tenor and effect, have set their hands 
and seals the day and year first above mentioned, the City 
of Boston, acting by the Boston Transit Commission, pur- 
suant to a vote of the Commission, its members not being 
bound in their personal capacity, and the Boston Elevated 
Railway Company, acting by its President, hereto duly au- 
thorized. 

THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal] Horace G. Allen 

Josiah Quincy 
James B. No yes 
Members of said Commission. 

BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

President. 
[seal] 



TREMONT STREET SUBWAY. 



197 



contract. 

St. 1911, c. 741, 

s.27. 



EXTENSION OF THE CONTRACT FOR THE USE OF 
THE TREMONT STREET SUBWAY. 

[Dated December 7, 1911.] 

I. — This contract made this seventh day of December in Parties. 
the year nineteen hundred and eleven by and between the city 
of Boston, hereinafter called the city, acting by the Boston 
Transit Commission, hereinafter called the commission, under 
and by virtue of an act of the Commonwealth of Massachusetts 
entitled "An Act Relative to Electric Railway Transportation St. i9ii,c.74i. 
Facilities in the City of Boston and its Vicinity," being chap- 
ter seven hundred and forty-one of the acts of the year nineteen 
hundred and eleven, hereinafter called the act, and the Boston 
Elevated Railway Company, hereinafter called the company, 
witnesseth as follows: 

II. — The contract between the city and the West End Street Extension of 
Railway Company for the use of the Tremont street subway, 
dated December 7, 1896, which contract was, by an instru- 
ment dated December 9, 1897, assigned by the West End 
Street Railway Company to the Boston Elevated Railway 
Company, is extended from its expiration to the first day of 
July, nineteen hundred and thirty-six, and thereafter is to 
continue unless or until terminated as follows: 

All contracts for the use of the Tremont street subway, the 
East Boston tunnel, the Washington street tunnel, the tunnel 
of the Cambridge Connection, the Dorchester tunnel, the Boyl- 
ston Street subway, and the East Boston tunnel extension 
shall continue in force after the first day of July, nineteen hun- 
dred and thirty-six, upon the same terms and conditions ex- 
cept as to the termination thereof, unless and until said con- 
tracts are terminated by notice either from the city of Boston 
or from the Boston Elevated Railway Company, as herein- 
after provided. The city of Boston may terminate all said 
contracts on the first day of July, nineteen hundred and thirty- 
six, or on the first day of July of any year thereafter by giving 
at least two years' prior notice in writing, which notice it shall 
be the duty of the mayor of the city to give if directed so to do 
by an act of the general court, or if directed so to do by a vote 
of the city council of the city, approved by the board of Rail- 
road Commissioners. The Boston Elevated Railway Com- 
pany may likewise terminate all said contracts on the first day 
of July, nineteen hundred and thirty-six, or on the first day of 
July of any year thereafter by giving to the mayor of the city 
at least two years' prior notice in writing. No notice on the 
part of either the city or the company shall be given more than 
three years prior to the date therein fixed for termination. 



St. 1911, c. 741, 
s.34. 



198 



CONTRACTS. 



Rental. 

St. 1911, c. 741, 

8.27. 



St. 1911, c. 741, 

8.5. 



Connections 
with and 
enlargement 
of Tremont 
street subway. 
St. 1911, c. 741, 
s. 5. 



Rights of West 

End Street 

Railway 

Company. 

St. 1911, c. 740, 

s. 16. 

St. 1911, c. 741, 

8.40. 



Alterations in 

Tremont Street 

Subway. 

St. 1911, c. 741, 

8.5. 



Right of Com- 
monwealth or 
City to Take 
by Eminent 
Domain. 
St. 1911, c. 741, 
s. 39. 



Terms and 
conditions. 
St. 1911, c. 741, 
s. 27. 



Statutory 
limitations. 



III. — The rental of said Tremont street subway from and 
after the expiration of the said existing contract shall be a sum 
equal to four and one-half per cent, per annum upon the net 
cost thereof. 

The cost of enlarging the present Tremont street subway, 
if that is done, or of building a separate subway, as below pro- 
vided, shall be included in the cost of the Boylston Street 
subway. 

IV. — Instead of constructing the Boylston Street subway 
as a continuous line from Arlington street to Park street sta- 
tion, the commission may connect said Boylston Street subway 
at or near the junction of Boylston street and Tremont street 
with the tracks of the present Tremont street subway and 
between that point and the Park street station may either en- 
large the present Tremont street subway so as to provide for 
two additional tracks or may construct a separate subway 
adapted to contain two railway tracks connecting the same 
with the present Tremont street subway and the tracks located 
therein. 

V. — The use and control of the Tremont street subway under 
this extension is subject to the rights, if any, of the West End 
Street Railway Company under Article II of the existing lease 
from the West End Street Railway Company to the Boston 
Elevated Railway Company as modified in accordance with 
law. 

VI. — In connection with the construction of the proposed 
Boylston Street subway, changes and alterations may be made 
in the Tremont street subway so far as authorized by the act, 
and in conformity with and subject to the provisions of sections 
fifteen and sixteen of chapter seven hundred and forty of the 
acts of the year nineteen hundred and eleven, being " An Act to 
Authorize the Consolidation of Properties and Franchises of 
the Boston Elevated Railway Company and the West End 
Street Railway Company." 

VII. — This extension shall not in any respect impair any 
right which the commonwealth or the city, or any other licensee 
of the commonwealth, may, at any time, have to take the rail- 
way properties of the company. In the event of such taking the 
compensation to be paid to the company shall not be enhanced 
by reason of this extension, nor shall it be diminished because 
of the fact that without such extension the connection between 
different parts of its properties might be cut off. 

VIII. — Except as hereinbefore and in the act provided the 
terms and conditions set forth in said contract between the 
city and the West End Street Railway Company shall remain 
in full force and effect and bind the parties hereto during the 
extended term. 

IX. — This agreement is made pursuant to the authority 
and is intended to be in accordance with the provisions of the 
laws relating thereto. It is understood and agreed that any- 
thing herein contained which is contrary to or inconsistent 



EAST BOSTON TUNNEL. 



199 



with the provisions of the act in the form and as approved on 
the twentieth day of July, nineteen hundred and eleven, is and 
shall be void and of no effect. 

In witness whereof the parties hereto, and to two other in- 
struments of like tenor and effect, have set their hands and 
seals the day and year first above mentioned, the City of 
Boston, acting by the Boston Transit Commission, hereunto 
authorized by the act, its members not being bound in their 
personal capacity, and the Boston Elevated Railway Company, 
acting by its President, hereto duly authorized. 

THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal] Horace G. Allen 

Josiah Quincy 
James B. No yes 
Members of said Commission. 

BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

President. 
[seal] 



EXTENSION OF THE LEASE OF THE EAST BOSTON 

TUNNEL. 

[Dated December 7, 1911.] 

I. — This contract made this seventh day of December in Parties. 
the year nineteen hundred and eleven by and between the city 
of Boston, hereinafter called the city, acting by the Boston 
Transit Commission, hereinafter called the commission, under 
and by virtue of an act of the Commonwealth of Massachusetts 
entitled "An Act Relative to Electric Railway Transportation st. 1911, c . 741. 
Facilities in the City of Boston and its Vicinity/' being chapter 
seven hundred and forty-one of the acts of the year nineteen 
hundred and eleven, hereinafter called the act, and the Boston 
Elevated Railway Company, hereinafter called the company, 
witnesseth as follows: 

II. — The existing lease from the city to the company of the Extension of 
East Boston tunnel is extended from the tenth day of June, st as i9ii c 741 
nineteen hundred and twenty-two, to the first day of July, s.28. 
nineteen hundred and thirty-six, and thereafter is to continue 
unless or until terminated as follows: 



200 



CONTRACTS. 



St. 1911, c. 741, 
s.34. 



Rental. 

St. 1911, c. 741, 

s.28. 



Right of 

Commonwealth 

or City to take 

by Eminent 

Domain. 

St. 1911, c. 741, 

s.39. 



Rights of 

West End 

Street Railway 

Company. 

St. 1911, c. 741, 

s.40. 



Alterations in 

East Boston 

tunnel. 

St. 1911, c. 741, 

8.10. 



All contracts for the use of the Tremont street subway, the 
East Boston tunnel, the Washington street tunnel, the tunnel 
of the Cambridge Connection, the Dorchester tunnel, the 
Boylston Street subway, and the East Boston tunnel extension 
shall continue in force after the first day of July, nineteen hun- 
dred and thirty-six, upon the same terms and conditions except 
as to the termination thereof, unless and until said contracts 
are terminated by notice either from the city of Boston or from 
the Boston Elevated Railway Company, as hereinafter pro- 
vided. The city of Boston may terminate all said contracts 
on the first day of July, nineteen hundred and thirty-six, or on 
the first day of July of any year thereafter by giving at least 
two years' prior notice in writing, which notice it shall be the 
duty of the mayor of the city to give if directed so to do by an 
act of the general court, or if directed so to do by a vote of the 
city council of the city, approved by the board of Railroad 
Commissioners. The Boston Elevated Railway Company 
may likewise terminate all said contracts on the first day of 
July, nineteen hundred and thirty-six, or on the first day of 
July of any year thereafter by giving to the mayor of the city 
at least two years' prior notice in writing. No notice on the 
part of either the city or the company shall be given more 
than three years prior to the date therein fixed for termination. 

III. — The rental of said East Boston tunnel from and after 
the expiration of the present lease shall be a sum equal to four 
and one-half per cent, per annum upon the net cost thereof, 
to be paid to the city in quarterly payments on the last day of 
December, March, June and September in each year, and at 
the rate aforesaid for any uncompleted quarter of a year. 
The company shall be under no obligation after the tenth day 
of June, nineteen hundred and twenty-two, to collect as agent 
for the city the toll from passengers passing through the tunnel 
provided for by chapter five hundred of the acts of the year 
eighteen hundred and ninety-seven. 

IV. — This extension shall not in any respect impair any 
right which the commonwealth or the city, or any other licensee 
of the commonwealth may, at any time, have to take the rail- 
way properties of the company. In the event of such taking 
the compensation to be paid to the company shall not be en- 
hanced by reason of this extension, nor shall it be diminished 
because of the fact that without such extension the connection 
between different parts of its properties might be cut off. 

V. — The use and control of the East Boston tunnel under 
this extension is subject to the rights, if any, of the West End 
Street Railway Company under Article II of the existing lease 
from the West End Street Railway Company to the Boston 
Elevated Railway Company as modified in accordance with 
law. 

VI. — In connection with the construction of the proposed East 
Boston tunnel extension, changes and alterations may be made 
in the East Boston tunnel so far as authorized by the act. 



EAST BOSTON TUNNEL. 



201 



s.28. 



Statutory 
limitations. 



VII. — Except as hereinbefore and in the act provided the Terms and 
terms and conditions set forth in said contract between the st^nfc'. 741, 
city and the company shall remain in full force and effect and 
bind the parties hereto during the extended term. 

VIII. — This agreement is made pursuant to the authority 
and is intended to be in accordance with the provisions of the 
laws relating thereto. It is understood and agreed that any- 
thing herein contained which is contrary to or inconsistent 
with the provisions of the act in the form and as approved on 
the twentieth day of July, nineteen hundred and eleven, is and 
shall be void and of no effect. 

In witness whereof the parties hereto, and to two other in- 
struments of like tenor and effect, have set their hands and 
seals the day and year first above mentioned, the City of 
Boston, acting by the Boston Transit Commission, hereunto 
authorized by the act, its members not being bound in their 
personal capacity, and the Boston Elevated Railway Company, 
acting by its President, hereto duly authorized. 



THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal] Horace G. Allen 

JOSIAH QUINCY 

James B. No yes 
Members of said Commission. 

BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

President. 
[seal] 



202 



CONTRACTS. 



Parties. 



St. 1911, c. 741. 



Extension of 

contract. 

St. 1911, c. 741, 

s.29. 



St. 1911, c. 741, 
s.34. 



Rental. 

St. 1911, c. 741, 
s.29. 



EXTENSION OF THE CONTRACT FOR THE USE OF 
THE WASHINGTON STREET TUNNEL. 

[Dated December 7, 1911.] 

I. — This contract made this seventh day of December in 
the year nineteen hundred and eleven by and between the city 
of Boston, hereinafter called the city, acting by the Boston 
Transit Commission, hereinafter called the commission, under 
and by virtue of an act of the Commonwealth of Massachusetts 
entitled "An Act Relative to Electric Railway Transportation 
Facilities in the City of Boston and its Vicinity," being chapter 
seven hundred and forty-one of the acts of the year nineteen 
hundred and eleven, hereinafter called the act, and the Boston 
Elevated Railway Company, hereinafter called the company, 
witnesseth as follows : 

II. — The existing contract between the city and the company 
for the use of the Washington street tunnel is extended from 
its expiration on the thirtieth day of November, nineteen hun- 
dred and thirty-three, to the first day of July, nineteen hundred 
and thirty-six, and thereafter is to continue unless or until 
terminated as follows : 

All contracts for the use of the Tremont street subway, the 
East Boston tunnel, the Washington street tunnel, the tunnel 
of the Cambridge Connection, the Dorchester tunnel, the 
Boylston Street subway, and the East Boston tunnel extension 
shall continue in force after the first day of July, nineteen hun- 
dred and thirty-six, upon the same terms and conditions except 
as to the termination thereof, unless and until said contracts 
are terminated by notice either from the city of Boston or from 
the Boston Elevated Railway Company, as hereinafter pro- 
vided. The city of Boston may terminate all said contracts 
on the first day of July, nineteen hundred and thirty-six, or on 
the first day of July of any year thereafter by giving at least 
two years' prior notice in writing, which notice it shall be the 
duty of the mayor of the city to give if directed so to do by an 
act of the general court, or if directed so to do by a vote of the 
city council of the city, approved by the board of Railroad 
Commissioners. The Boston Elevated Railway Company 
may likewise terminate all said contracts on the first day of 
July, nineteen hundred and thirty-six, or on the first day of 
July of any year thereafter by giving to the mayor of the city 
at least two years' prior notice in writing. No notice on the 
part of either the city or the company shall be given more than 
three years prior to the date therein fixed for termination. 

III. — The rental of said Washington street tunnel from and 
after the expiration of the said existing contract shall be a sum 
equal to four and one-half per cent, per annum upon the net 
cost thereof. 



WASHINGTON STREET TUNNEL. 



203 



IV. — This extension shall not in any respect impair any 
right which the commonwealth or the city, or any other li- 
censee of the commonwealth may, at any time, have to take 
the railway properties of the company. In the event of such 
taking the compensation to be paid to the company shall not 
be enhanced by reason of this extension, nor shall it be di- 
minished because of the fact that without such extension the 
connection between different parts of its properties might be 
cut off. 

V. — The use and control of the Washington street tunnel 
under this extension is subject to the rights, if any, of the West 
End Street Railway Company under Article II of the existing 
lease from the West End Street Railway Company to the 
Boston Elevated Railway Company as modified in accordance 
with law. 

VI. — Except as hereinbefore and in the act provided, the 
terms and conditions set forth in said contract between the 
city and the company shall remain in full force and effect and 
bind the parties hereto during the extended term. 

VII. — This agreement is made pursuant to the authority 
and is intended to be in accordance with the provisions of the 
laws relating thereto. It is understood and agreed that any- 
thing herein contained which is contrary to or inconsistent 
with the provisions of the act in the form and as approved on 
the twentieth day of July, nineteen hundred and eleven, is and 
shall be void and of no effect. 

In witness whereof the parties hereto, and to two other in- 
struments of like tenor and effect, have set their hands and 
seals the day and year first above mentioned, the City of Boston, 
acting by the Boston Transit Commission, hereunto author- 
ized by the act, its members not being bound in their personal 
capacity, and the Boston Elevated Railway Company, acting 
by its President, hereto duly authorized. 



Right of Com- 
monwealth or 
City to Take 
by Eminent 
Domain. 

St. 1911, c. 741, 
8.39. 



Rights of 
West End 
Street Railway 
Company. 

St. 1911,0.741, 
s.40. 



Terms and 
conditions. 

St. 1911, c. 741, 
s.29. 



Statutory 
limitations. 



THE CITY OF BOSTON BY THE 
BOSTON TRANSIT COMMISSION. 

By George G. Crocker 
George F. Swain 
[seal] Horace G. Allen 

Josiah Quincy 
James B. No yes 

Members of said Commission, 



BOSTON ELEVATED RAILWAY COMPANY. 

By William A. Bancroft 

President. 
[seal] 



INDEX. 



(Abbreviations: Co., Boston Elevated Railway Company; B. T. C, Boston Transit Com- 
mission; W. E. St. Ry. Co., West End Street Railway Company.) 

PAGE 

Appeals: 

from decisions of B. T. C 48, 101 

from decisions of City of Cambridge 57, 61 

from decisions of Charles River Basin Commission 60 

from decisions of Mayor and Aldermen .... 28, 33, 53, 61, 72 
from decisions of Railroad Commissioners 15 

Baggage. (See Freight and Express Business.) 

Bay State St. Ry. Co.: 

authorized to lease its property in Chelsea to Co 106 

authorized to lease its property in the Hyde Park District of City 
of Boston to Co 107 

Bonds: 

issue of, by Co. for various purposes authorized . . 10, 47, 64, 73, 101 

issue of, by Co. to' be approved 10 

mortgage by Co. of franchises and property, etc., as security for . 10, 25 

Boston & Eastern Electric Rd. Co.: 

right of, to connect its tunnel under harbor with Washington Street 

Tunnel 80 

use of its tunnel by Co 81 

Boston & Northern St. Ry. Co. Lease: 

text of 137 

Boston Transit Commission: 

authority of (See under various Subways and Tunnels.) 

creation, organization and term of 8, 16, 49 

Boylston Street Subway. (See Dorchester Tunnel, etc.) 

Cambridge Bridge: 

authorization of cities of Boston and Cambridge for construction of, 37 

cost of, to be paid in part by Co 33 

determination of amount to be paid by Co 39 

erection of elevated structure over 33, 62 

jurisdiction over 40 

petition for 33 

to be suitable for use by Co 38 

Cambridge Connection. (See Tunnel of the Cambridge Connection.) 

Cambridge Street Subway. (See Main Street, etc., Subways.) 

Cambridge Subway (Stat. 1905, chap. 466, not accepted) .... 52 
(See Main St., etc., Subways.) 

Capital Stock: 

amount of and increase of . . 10, 80 

issue of, for various purposes authorized .... 47, 64, 73, 82, 101 

issue of, to be approved 10 

preferred stock, issue of, authorized 82, 84 

preferred stock, relative to dividend on, cancellation, and retire- 
ment of, etc 82 et seq. 

Cars of Other Companies: 

right of Co. to haul 29 

Charlestown Bridge: 

alterations in, to be paid for by Co 32 

authorization of B. T. C. for construction of 18 

to be suitable for use by Co 32 

Consolidated Transit Loan 103, 104 

Crossings of railroad tracks ....... 28, 53, 59, 72, 91 



206 INDEX. 

PAGE 

Dorchester Tunnel, Boylston Street Subway, and East Boston 
Tunnel Extension: 
Dorchester Tunnel: 

authority of B. T. C. for construction of 91 

contract for use of, authorized 92, 102 

text of contract 167 

plan of route, etc., to be filed 91 

Boylston Street Subway: 

authority of B. T. C. for construction of 93 

contract for use of, authorized 94, 102 

text of contract 175 

plan of route, etc., to be filed 94 

East Boston Tunnel Extension: 

authority of B. T. C. for construction of 96 

contract for use of, authorized 96, 102 

text of contract 182 

plan of route, etc., to be filed 96 

General Provisions: 

alterations in existing subways, etc 98 

beginning work, time of 98 

connections of, with surface tracks 101 

determination of certain questions ........ 101 

equipment, etc., of railways in . 101 

routes of, variations and alterations in 98 

temporary removal and relocation of surface tracks, etc. . . 100 

termination of all contracts for use of 103 

East Boston Tunnel: 

authorization of B. T. C. for construction of 17, 34 

connections of, with subways 34, 42, 44, 96 

lease of, authorized 34 

extension of, authorized 102 

text of, lease 162 

text of contract of extension of lease 199 

location and construction of 17, 34 

location for surface tracks in 19, 24 

removal and relocation of surface tracks 19, 20 

tolls, Co. to be agent for collection of 35, 102 

abolition of 102, 104 

East Boston Tunnel Extension. (See Dorchester Tunnel, etc.) 
East Cambridge Extension, so called: 

authorization for construction of 59-61 

(See also Elevated Railways.) 
Electric System of Motive Power for Surface Railway . . 5 
Elevated Railways: 

alterations and extensions of 12, 28, 70 

authority of Co. to lease, purchase, etc., tributary lines of . . 14, 31 

Boston Common, relative to occupation of , by 16 

B. T. C. may take land to be used for 21 

B. & A. Rd., construction, etc., over lands of 27 

B. & M. Rd., construction, etc., over lands of 61 

B. & P. Rd., construction, etc., over lands of 27 

bridges, strengthening of, for, in general 14 

(See also Cambridge Bridge, Charlestown Bridge.) 
cars of other companies, construction to be suitable for hauling of, 29 

connections with surface tracks 29, 60, 71 

Copley Square, relative to occupation of, by 16 

crossing locations of railroad companies 28, 72 

damages due to location and construction of . 12, 13, 29, 41, 69, 71, 73 
deposit to secure payment of executions for damages, etc. . . 14, 32 

forfeiture of 15, 32 

return of 14 

design of, over Charles River Dam 60 

discontinuance of use of certain structures 48 



INDEX. 207 

PAGE 

Elevated Railways {Continued): 

East Cambridge Extension 59-61 

engineer maybe appointed by Commission, and to be paid by Co., 28 

Everett and Maiden Extension 70 

equipment, maintenance, and operation of 10, 25, 28, 70 

Forest Hills Extension 11, 74 

inclines, construction of 12, 28, 60, 63, 71 

locations granted 10, 25, 36, 47, 59, 70, 74 

approval of 12, 28 

confirmed 41 

revocation of 25, 36, 62, 66, 75 

variations or alterations of 12 

Medford Extension 79 

motive power 10, 25 

opening for public use 15 

plans or systems according to which lines may be built ... 10, 25 
plan of routes and structure, etc., to be approved .... 12, 28 

removal of poles, wires, etc 29 

restoration of highways, etc 14 

route, application for 15, 32, 33, 59, 72 

approval of 12 

sale of property acquired for 48 

servitude, locations, etc., to be additional 12, 69 

stations, locations of, etc 13, 36, 71 

taking of land for 13, 41, 71 

(See sub-heading damages, supra.) 
time for construction of, limited .... 32, 33, 41, 60, 61, 67, 72, 73 

Tremont Street, relative to occupation of 16 

Washington Street, relative to occupation of 16 

W. E. St. Ry. Co., authority of, to construct 7, 89 

Enforcement of Laws, of certain provisions of, against Co., 

15, 33, 40, 50, 67, 101 
Everett & Malden Extension: 

authorization for construction of 70 

(See also Elevated Railways.) 
Express. (See Freight and Express Business.) 

Facilities 89 

Fares 14, 29, 90 

(See also Transfers.) 
Freight and Express Business: 

cars of other companies may be hauled on parts of Co.'s system . 29 

transportation of freight and baggage 10, 29, 80 

transportation of newspapers, baggage, express matter, and freight . 80 
General Laws: 

application of, to Co. : 

in general 10, 36 

in respect to leases of lines of street or elevated railway . . 31 
in respect to locations, alterations, and extensions of loca- 
tions for surface railway tracks 79 

in respect to carriage of freight, express, etc., on railways 

leased or owned by Co 80 

Land: 

authority of Co. to lease, purchase, or take . . 13, 41, 53, 54, 71, 106 
authority of B. T. C. to lease, purchase, or take, 

18, 21, 22, 24, 45, 63, 68, 99 

public, use of 18, 45, 54, 99 

Leases : 

authority of Co. to lease street or elevated railways .... 14, 31 
(for different leases see under names of lessor companies. See 
also under East Boston Tunnel.) 



208 INDEX. 

PAGE 

Main Street Subway, River Street Subway, Cambridge Street 
Subway, and Webster Avenue Subway: 

authorization of Co. for construction of 52, 58 

bills of account of cost to be filed 57 

city may construct Cambridge Street Subway 59 

connections with surface or elevated lines ......... 53 

damages 55 

determination of certain questions 57 

engineer to be employed by city and paid by Co 53 

entry upon lands for investigation 53 

equipment, use, and operation 54, 65 

examination of 57 

excavations for 56 

grade and elevation of, at Grand Junction branch of B. & A. Rd. 

to be approved 53 

location and construction of 54 

plans to be approved before commencing work 53 

powers of Co. relative to construction, etc., of 54 

public ways to be kept open 57 

purchase of, by city 65 

removal and relocation of surface tracks, pipes, etc 55 

sale of property not needed 55 

stations, locations of 57 

taking of land, etc., for, by Co 53, 54 

terms and conditions, etc., of construction of, to be same except, etc., 59 

time for construction of 58, 59, 67 

wires in 57 

Mayor: 

approval of certain plans by 12, 28, 53 

Medford Extension (Stat. 1911, chap. 521, not accepted) .... 79 

New Tunnel and Subway (Washington Street Tunnel): 

alterations in and enlargements of 96, 98 

authorization of B. T. C. for construction of 43 

authorization for construction of subway revoked 77 

connection of, with East Boston Tunnel and Tremont Street Subway 44 
connection of, with proposed tunnel of Boston & Eastern Electric 

Rd. Co 81 

contract for use of, authorized 46 

extension of, authorized 102 

text of contract 155 

text of extension of contract 202 

location and construction of, relative to 50, 51 

removal or relocation of surface tracks, etc 46, 48 

time for construction of 44 

Old Colony Street Railway Co.: 

lease of property in city of Boston to Co. authorized .... 42 
text of lease 125 

Railroad Commissioners : 

approval of plans of elevated structures by 12, 28 

authorization of branches, extensions, loops, sidings, etc., of ele- 
vated railway by 12, 28, 71 

certificate for operation of new structures required 15 

determination of certain questions by 48, 53, 57, 101 

permission for street alterations for electric system 5 

revocation of certain locations, approval necessary for .... 7 

Rapid Transit Loan 20, 35 

River Street Subway. (See Main Street, etc., Subways.) 

Riverbank Subway: 

authorization of B. T. C. for construction of 77 

repeal of 94 

Stock. (See Capital Stock.) 

Street Railway Companies in Boston. (See West End Street Rail- 
way Company.) 



INDEX. 209 

PAGE 

Subways and Tunnels {authorized prior to 1902, i.e., Tremont Street 
Subway and East Boston Tunnel) : 
alterations in and enlargements of subway and stations, 

22, 31, 48, 51, 63, 90, 91, 93, 96, 98 
authorization of Subway Commissioners for construction of . 8 

authorization of B. T. C. for construction of 16, 17, 27 

Boston Common, relative to occupation of, by . • . . . 8, 18, 22 
connections with East Boston Tunnel, etc 34, 42 

with Washington Street Tunnel 44 

construction of railroad in, by Co 31 

contract for use of Tremont Street Subway authorized . . 19, 23, 24 

extension of, authorized 90, 101 

text of contract with W. E. St. Ry. Co 145 

text of extension of, with Co 197 

extension of subway under Cambridge Street, etc 27 

contract for use of, authorized 27 

leasing of certain premises used in part for entrances and approaches 

authorized 106 

location and construction of, relative to 8, 16 

locations for tracks in 19, 23, 24 

operation of railroad in, by Co 31 

placing of pipes, wires, etc., in 9 

care of 9 

removal of elevated trains and cars from 48 

removal and relocation, etc., of surface tracks 19, 20 

running of cars in, by street railway companies may be compelled . 9 
tracks, number of , in 22 

construction and equipment of, by B. T. C 23 

Tremont Street, relative to occupation of 16, 18 

use and control of, by Co., subject to rights of W. E. St. Ry. Co., 48, 105 
Subway Commission: 

creation of 8 

members of, to belong to B. T. C 16 

Surface Tracks: 

alterations of, to connect with subways and tunnels . . . 71, 96, 101 

lpocpc OT " 

authorized 14, 31, 106, 107 

text of 111-144 

temporary removal, etc 20, 46, 55, 100 

Taxation 14, 30, 64 

franchise tax 16, 30, 64, 77 

Tolls: 

abolition of 102, 104 

East Boston Tunnel, Co. to be agent of city to collect . . 35, 102, 104 

Transfers 14, 30 

(See also Fares.) 

Tremont Street Subway. (See Subways and Tunnels.) 

Tunnel of Boston & Eastern Electric Rd. Co.: 

authority to construct 80 

connection of, with Washington Street Tunnel 81 

use of, by Co 81 

Tunnel of the Cambridge Connection: 

alteration in Park Street station of 91 

authorization of, B. T. C. for construction of 62 

Boston Common, construction of in, relative to 63 

contract for use of, authorized 63, 102 

text of contract 189 

route of, to be determined by B. T. C. on request of the Co. . . 62 
terms of payment and construction of 63 

Washington Street Subway. (See New Tunnel and Subway.) 

Washington Street Tunnel. (See New Tunnel and Subway.) 

Webster Avenue Subway. (See Main Street, etc., Subways.) 



210 INDEX. 

PAGE 

West End Street Railway Company: 

authority to run cars over tracks of other street railway companies, 7 

Boston Common, relative to occupation of, by 7 

capital stock, increase of 5 

consolidation of, with other companies authorized 3 

consolidation of, with Co. authorized 79, 82 

terms of 82-89 

elevated railways, authority to construct 7, 89 

fares of companies formed by consolidation with, not to be increased, 4 

lease to Co. authorized 31 

default under, by Co. effect of 90 

text of lease Ill 

locations, approval of certain 7 

motive power 5 

operating contract with Co. authorized 31 

preferred stock: 

amount authorized 4 

purposes for which it may be issued 4, 5 

rights of, in respect to Tremont Street Subway 48 

preservation of, re subways and tunnels 105 

sale of surplus real estate 88 

streets, underground and surface alterations in 5 

tunnels, authority to construct, etc 6, 89