Annual Report of the Michigan Railroad Commission

JURISDICTION OF COMMISSION OVER CROSSING PROTECTION IN CITIES.

Michigan Railroad Commission, Lansing, Michigan:

November 19, 1907.

Gentlemen-In the matter of the authority of the city of Flint, under its charter, to require railroad companies to place flagmen and watchmen at the street crossings.

The charter of the city of Flint contains a provision in subdivision 11, section 10, page 14, granting to the common council the power to require and compel railroad companies to keep flagmen and watchmen at all railroad crossings of streets, etc. This act was passed prior to the legislative session of 1907, and provides that all acts or parts of acts inconsistent therewith are repealed. It might be claimed that this act took the city of Flint out of the jurisdiction of the Railroad Commission so far as ordering flagmen, watchmen, etc. It is not, however, necessary to pass upon this question for the reason that section 35 of the Michigan Railroad Act grants to the Railroad Commission jurisdiction over such matters, to the exclusion of all other boards or officers, State or municipal.

The Railroad Commission Act being passed subsequent to the amendment of the charter of the city of Flint, in my opinion places this matter of flagmen, watchmen, electric alarm bells, etc., under the jurisdiction of the Michigan Railroad Act. Respectfully submitted, JAMES SCULLY,

Approved by the commission, Nov. 20, 1907.

Commissioner.

(The roads appearing below numbered consecutively are the principal companies. Those enclosed in parentheses are subsidiary companies and are given the number of the system or road by which they are operated.)