Show UNDER REPLACE PRICE RAil CROSSING GRUSSING Utilities Commission Acts Acts Acts' Favorably on Application tion of Highway Body With Negative The public e utilities commission today granted the application of the state road commission to eliminate eliminate elim elim- mate a gr gride de crossing at Price The Tho decision was vas made by a divided commission Commission Warren dissenting Tie The applIcation application application cation Involves what has been known as the Price underpass underpass' lem Th The road commission by its chief engineer Howard l I MOans Means ns applied for a permit to construct a permanent permanent permanent perma perma- nent concrete pavement at the end I of the existing pavement between betwee Price and Castle CastleGate Gate and nd set forth that it was necessary to cross the main line of the Denver Den Rio Grande Western VEstern railroad It asked the utilities commission to apportion apportion tion the costs of a grade crossing elimination The application was filed tiled June 14 1923 Hearings Hearings' were held hold at which neither Price City or Carbon county county county coun coun- I ty was represented and on February February I ebru-I ary of the current year the state road commission n filed an amended application which prayed for an apportionment apportionment apportionment ap ap- ap- ap of the costs between the parties RAILROAD PR PROTESTS TESTS Answer was filed tiled by bi the railroad denying the necessity of f eliminatIng eliminating ing the crossing at grade and statIng stating stating stat stat- ing that on August 20 1923 that a contract had been entered into by bythe bythe I the railroad and the city of Price and Carbon county whereby the apportionment o ot of costs had been agreed upon which was was was' declared just and reasonable It was also pointed out in the answer that the proposed underpass was las on privately privately owned land of the railroad Dismissal of the case was asked by bythe bythe bythe the railroad on account of alleged lack of Jurisdiction Further hearIng hearing hear hear- ing lag was had at Price on February 19 19 1924 and the the commission i reached the conclusion that the railroad pay on account of the underpass and a single track bridge I a sum not in excess of nor norin norin norin in excess of third one-third of the cost I of such construction which shall s1 be beless I less Jess than thai It was held that the road com corn I mission had had original Jurisdiction tio doil to tomake tomake make division of costs between the parties Interested The utilities commission held that it would not oppose the approval of the contract made by it on August 20 1923 It also decided that certain property concessions made by the railroad would be passed upon by the commission commission com corn mission that the contract entered into by Price and Carbon county and the railroad was made in good faith that the tha construction of the subway should begin at once that the total cost of the completion of the highway would be participated in by the United S States ates to the ex extent extent extent ex- ex tent o of 74 cents that the motion of the railroad to dismiss the case would be denied that the apportionment apportionment apportionment of costs as agreed upon were Just and reasonable that the elimination of the grade crossing in question would be granted and that the commission would retain control control control con con- over the subject matter In this case TERMS UNREASONABLE In dissenting from from the majority Commissioner says The majority opinion does not set forth in detail an analysis of the evidence evidence evi evi- dence except a formal statement of the state road commission and consequently consequently consequently con con- does not disclose upon what facts In the record it bases Its finding and opinion However I do find in the record evidence compelling to me that this contract is improper that its terms are un unjust unjust unjust un- un just and unreasonable and to find that it Is against the public welfare welfare welfare wel wel- fare and that in view that the terms of the agreement are not stated clearly and in concise language language lan lan- guage that it should not be approved approved approved ap ap- ap- ap proved by the commission Commissioner cites the law which gives the commission Ju Jurisdiction jurisdiction ju- ju to pass upon the Issues raised In the case tand Cland then says that the findings of the commission must be based upon the measured requirements of the law and and the I facts To passively tolerate this contract and its terms for the reason rca rca- son that it has been signed by the parties at Interest claiming to rep rep- I Continued on p page ge 8 re II-I II UNDERPASS TO SS TO REPLACE PRICE RAIL CRoSSING CROSSING J Continued from page 1 resent resent the public and has not been protested would simply result in permitting the parties at Interest to administer the law says Commissioner Commissioner Commissioner Commis Commis- He He then points out that at the second hearing of the case that the contract provides for provides for a a. track four-track subway the estimated cost of which would be bo to be paid for by bythe bythe the railroad ei except ept plus other considerations of relatively small monetary value alue He then says sars that in construing the contract the tle definitions of the terms used she should be borne in mind and he proceeds to define them and says say's th that t it would be just as log logic logical l to s Include under the terms tracks the l locomotives locomotives' and cars running over th m as to Include abutments and andt ct steel i oi 1 bridges bridges un under under d e r the me t tracks ct steel i oi 1 bridges bridges un under under d e r the me t tracks Ir Further urther rth r the con contract does not state specifically says says says' the commissioner how no- the entire cost of the foar- foar rack Vack subway shall be paid but state dines state that the actual work of ot c constructing the track single railroad rail rail- r road bridge shall be by the tho receiver t. t the railroad yet after alter binding the tho city and county to construct a track subway the cost of ot the underpass and the railroad bridge shall shaH not exceed SEES EES NEW COSTS At the second second hearing continues Commissioner the intent Of of- the contract to Superintendent RIdgway was to provide for a four- four 4 track ick subway in that it provided Or Rr grading and of sufficient suf sut- sufficient dimensions to provide pro for four tracks with concrete abut- abut and steel superstructure for tor tho he iho additional tracks The time to enter into a a. proper contract is now declares Commissioner t And nd- nd while the estimated cost of ot a track four-track subway is and unless changed now it is his his view Ur that t it may be constructed in the future to Involve olve an additional Jost Bost ost to the public of oC A 4 letter filed March l 5 5 1924 from t the tho o general attorney of ot the rall- rall oid pertaining to tp securing a from the railroad in int interpreting interpreting in- in t the contract ct Is 13 resent resent- eti and Commissioner Declares that It cannot mean other than han that the tIe obligation Uon Is upon the le 0 city and and county to construct the the proposed proposed under r passage to ac accommodate accommodate accommodate ac- ac four tracks He then says says that the appraised value oftie of ot tie right of ot way Avay which the rail rail- proposes to give e without considering con con- se er severance nce varies damages damages damages' varies from 2200 to The estimate of oJ the state highway engineer as i J the cost of a n. single track 45 crossing is stated by Mr Ir to be Commissioner excoriates ates tes the county commissioners of ot Carbon county saying they should have ha carefully investigated th the question of ot cost for Cor the underpass before entering into contract In i he says it is impossible fjor br the cOI commission to adopt a policy pol- pol icy of watchful waiting for five ty-five to fifty years to see if this is hurtful to the public Welfare The thing to todo do co Is to toh hange h the contract now he adds |