location of tracks, and to treat the respective owners of tracks which cross each other as under mutual obligations with respect to the maintenance, operation and safeguarding of the crossings, it is plainly the duty of the Commission to impose upon each road one-half of the expense of maintaining and operating such crossings, and in so doing we believe that we are making a just and equitable division of the expense occasioned by the crossing as the statute implies we shall do.

We have gone over the proposed line and viewed the points of the crossings as indicated on the maps approved by the Commission. The engineer of the Commission also made a personal examination and investigation of the situation and reports that complete interlocking plants ought to be installed for the protection of the following crossings of the different lines of railroad now in operation by the proposed lines of the applicant company and the "Soo" company: the crossing of the line of the Great Northern Railway Company between South Superior and Saunders, at a point between 73rd and 74th streets, near Banks avenue, the crossing of the line of the Northern Pacific Railway Company between Lamborn avenue and Weeks avenue, the crossing of the line of the Duluth, South Shore & Atlantic Railway Company on Cedar street, and the crossing of the line of the Chicago, St. Paul, Minneapolis & Omaha Railway Company on Spruce avenue. After a careful consideration of the matter we are convinced that the suggestion of our engineer should be adopted, and we shall accordingly require the installation, maintenance, and operation of an ordinary interlocking, derailing and signal system at each of the crossings designated. The same considerations which lead us to divide the burden of maintaining and operating the crossings equally between the roads whose tracks from the crossings, control in the matter of fixing the proportion of expense of constructing, maintaining and operating interlocking plants, which the owners of the respective tracks shall bear. Therefore, one-half of such expense will be placed upon each company.

Now, THEREFORE, IT IS ORDERED, That the specification of the kind and character of construction which the Wisconsin & Northern Minnesota Railway Company proposes to install and employ in its proposed line of railroad in Douglas county,

Wisconsin, be and the same is hereby approved, and the said Wisconsin & Northern Minnesota Railway Company is hereby authorized to construct its said proposed line of railroad in accordance with said specification.

IT IS FURTHER ORDERED, 1. That all the expense of constructing the crossings of the double tracks of the Northern Pacific Railway Company, between Lamborn avenue and Weeks avenue, and the single track of the Northern Pacific Railway Company near the intersection of Fifth street and Water street, in the city of Superior, Wisconsin, by the tracks of the applicant company, including the necessary grading, rails, frogs, switches, and other appurtenances for ordinary grade crossings, as well as labor and all material used in constructing the same, be supplied and furnished by the applicant company, and that after the construction of such crossings the applicant company and the said Northern Pacific Railway Company shall each bear one-half of the expense of maintaining and operating the same.

2. That all the expense of constructing the crossing of the track of the Duluth, South Shore & Atlantic Railway Company on Cedar street in the city of Superior, Wisconsin, by the tracks of the applicant company, including the necessary grading, rails, frogs, switches, and other appurtenances for an ordinary grade crossing, as well as labor and all material used in constructing the same, be supplied and furnished by the applicant company, and that after the construction of such crossing, the applicant company and the said Duluth, South Shore & Atlantic Railway Company shall each bear one-half of the expense of maintaining and operating the

same.

3. That all the expense of constructing the crossings of the track of the Chicago, St. Paul, Minneapolis & Omaha. Railway Company, on Spruce avenue, and the two parallel tracks of the said Chicago, St. Paul, Minneapolis & Omaha Railway Company, near Fifth street and Water street, in the city of Superior, Wisconsin, by the tracks of the applicant company, including the necessary grading, rails, frogs, switches, and other appurtenances for ordinary grade crossings, as well as labor and all material used in constructing the same, be supplied and furnished by the applicant company,

and that after the construction of such crossings, the applicant company and the said Chicago, St. Paul, Minneapolis & Omaha Railway Company shall each bear one-half of the expense of maintaining and operating the same.

4. That all the expense of constructing the crossings of three tracks of the Lake Superior Terminal & Transfer Railway Company on Main street, and two tracks of the said Lake Superior Terminal and Transfer Railway Company near the intersection of Fifth street and Water street, in the city of Superior, Wisconsin, by the tracks of the applicant company, including the necessary grading, rails, frogs, switches, and other appurtenances for ordinary grade crossings, as well as labor and all material used in constructing the same, be supplied and furnished by the applicant company, and that after the construction of such crossings the applicant company and the said Lake Superior Terminal & Transfer Railway Company shall each bear one-half of the expense of maintaining and operating the same.

IT IS FURTHER ORDERED: 1. That the applicant company and the said Northern Pacific Railway Company install, maintain and operate an ordinary interlocking, derailing and signal system at the crossing of their tracks between Lamborn avenue and Weeks avenue, in the city of Superior, Wisconsin, and that the applicant company and the said Northern Pacific Railway Company each bear one-half of the expense of constructing, maintaining and operating such interlocking, derailing and signal system, including all the appliances, material, appurtenances and labor required in the original construction and installation thereof.

2. That the applicant company and the said Duluth, South Shore & Atlantic Railway Company install, maintain and operate an ordinary interlocking, derailing and signal system at the crossing of their tracks on Cedar street, in the city of Superior, Wisconsin, and that the applicant company and the said Duluth, South Shore & Atlantic Railway Company each. bear one-half of the expense of constructing, maintaining and operating such interlocking, derailing and signal system, including all the appliances, material, appurtenances and labor required in the original construction and installation thereof.

25-R. D.

3. That the applicant company and the said Chicago, St. Paul, Minneapolis & Omaha Railway Company install, maintain and operate an ordinary interlocking, derailing and signal system at the crossing of their tracks on Spruce avenue, in the city of Superior, Wisconsin, and that the applicant company and the said Chicago, St. Paul, Minneapolis & Omaha Railway Company each bear one-half of the expense of constructing, maintaining and operating such interlocking, derailing and signal system, including all the appliances, material, appurtenances and labor required in the original construction and installation thereof.

IN RE APPLICATION OF THE MINNEAPOLIS, SAINT PAUL AND SAULT SAINTE MARIE RAILWAY COMPANY FOR THE APPROVAL OF ITS PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ITS PROPOSED RAILROAD IN DOUGLAS COUNTY, WISCONSIN.

Submitted March 31, 1908. Decided May 26, 1908.

Application for approval of specification for construction of railroad and for order determining manner of crossing the tracks of the Great Northern Railway.

Held: That the specification submitted meets the requirements of the statutes and the regulations of the Commission. Crossings

and safety devices ordered as stated herein.

The Minneapolis, Saint Paul and Sault Sainte Marie Railway Company on Dec. 24, 1907, submitted to the Commission a condensed specification of the kind and character of construction it proposes in the extension of its line of railroad-authorized by the certificate of public convenience and necessity therctofore issued to it from the state line between the states of Minnesota and Wisconsin, from a point in the southeast quarter of section 7, in township 48 north of range 15 west, to a point in the south line of block 37, South Superior, Central division, in the northeast quarter of section 10, township 48 north of range 14 west, where it connects with the proposed line of its subsidiary company,

the Wisconsin and Northern Minnesota Railway Company, all in Douglas county, Wisconsin, and applied for an order approving the same and authorizing the construction of the proposed extension of its line of railroad in accordance therewith.

The applicant also petitioned that the manner of the crossings of the lines of the Great Northern Railway Company by its line be determined and that such safety appliances as may be required to protect said crossings be ascertained.

The application came on for hearing on Feb. 17, 1908, pursuant to notice theretofore duly given to all persons interested. Luse, Powell & Luse appeared for the applicant; Solon L. Perrin appeared for the Chicago, St. Paul, Minneapolis and Omaha Railway Company; J. A. Murphy appeared for the Great Northern Railway Company and the Lake Superior Terminal & Transfer Railway Company; Louis Hanitch appeared for the Northern Pacific Railway Company; V. D. Simar appcared for the Duluth, South Shore & Atlantic Railway Company.

By consent of parties this application and a similar application of the Wisconsin and Northern Minnesota Railway Company were heard together. All questions involved in both applications were fully discussed and determined in the decision upon the application of the Wisconsin and Northern Minnesota Railway Company, rendered herewith, and therefore need not be here considered.

The specification submitted was carefully examined and all. the details thereof investigated by our engineer, who has reported to the Commission the results of such examination and investigation. After hearing the applicant company in support of said specification and after carefully examining the same and the report of our engineer, we are satisfied that said specification complies in all respects with the requirements of the statute and the demands of the Commission, and we do find and determine that all laws relating to construction have been duly complied with in the proposed construction as shown in said specification, and that the proposed construction will be adequate for securing and protecting the public safety in the operation of said proposed line of railroad. An order is, therefore, herein granted to said applicant railway company approving said specification and authorizing