expense and in a manner satisfactory to the Boston Elevated Railway Company, or, if the parties do not agree, in such manner as the Commission shall prescribe.

Attest:

ANDREW A. HIGHLANDS,

JANUARY 25, 1918. [P. S. C. 2045]

Secretary.

Petition of the Union Freight Railroad Company for approval of location in Atlantic avenue and Northern avenue in the city of Boston.

After public notice and hearing and full consideration, -
It is

Ordered, That the approval of the Commission be hereby given to the grant of location and rights to the Union Freight Railroad Company in the city of Boston, established under orders and regulations of the board of street commissioners of said city dated March 9, 1918, copies of which orders and regulations, with accompanying plan, are on file in this office, as follows:

In Boston 22nd location: Location for a single track extending from the main line track of the Union Freight railroad in Atlantic avenue at a point about seventy-five (75) feet northerly from the northerly line of Northern avenue extended, thence running by a suitable curve in Atlantic avenue and Northern avenue to a point in the center of Northern avenue, thence along the center of Northern avenue to a connection with a track of the New York, New Haven and Hartford railroad at a point on the easterly side of Fort Point channel.

And the Commission certifies that the above-named grant of location is consistent with the public interests.

This approval is given upon the condition that the crossing of the proposed track, as above described, of the Union Freight railroad over the tracks of the West End street railway (Boston Elevated Railway Company, lessee) located in Atlantic avenue shall be constructed and maintained by the petitioner at its own expense and in a manner satisfactory to the Boston Elevated Railway Company, or, if the parties do not agree, in such manner as the Commission shall prescribe.

ANDREW A. HIGHLANDS,

Attest:

APRIL 9, 1918.

[P.S. C. 2089]

Secretary.

Petition of the New York, New Haven and Hartford Railroad Company for determination as to the manner of constructing and operating additional tracks across Northern avenue at grade in the city of Boston.

After notice and hearing it appearing that the petition is presented under provision of chapter 381 of the Acts of 1903, and that favorable action thereon is consistent with the public interest, - it is

--

Ordered, That the consent of the Commission be hereby given to the construction and operation by the petitioner of a railroad track to be operated by steam power, upon and across the way known as Northern avenue in South Boston, as shown upon plan on file with the petition, entitled, "Proposed Track Crossing Northern Ave. at Pier No. 4, Boston, Mass.," dated November 6, 1917. The restrictions pertaining to the construction and operation of the proposed track shall be the same as those prescribed in the order of the Board of Railroad Commissioners under date of December 18, 1908, issued upon the petition of the New York, New Haven and Hartford Railroad Company for determination of location of railroad tracks upon Northern avenue in the city of Boston.

Attest:

MARCH 22, 1918.

ANDREW A, HIGHLANDS, [P. S. C. 1972]

Secretary.

STREET RAILWAY LOCATIONS.

Petition of the Norfolk and Bristol Street Railway Company for approval of relocations in the state highway in Norwood, Walpole and Wrentham.

At the hearing upon this petition the company stated that the proposed relocations were made necessary by changes in the grade of the state highways, and contended that the commonwealth should make a reasonable contribution toward the expense of the relocations. The hearing was closed upon the understanding that it would be reopened upon the request of the company if it desired to offer further evidence or argument in support of its contention. After further consideration the company finally waived its claim for a division of the expense. The state highways have now been changed to conform to the plans submitted, and the locations and grades of the tracks of the railway have been altered in substantial conformity with said plans. After notice and hearing and full consideration, — It is

Ordered, That the Commission hereby certify that locations and relocations of tracks of the Norfolk and Bristol street railway in sections of the state highway locally known as Walpole street in Norwood, Main street in Walpole, and East street in Wrentham, established under orders of the Massachusetts Highway Commission severally adopted December 7, 1915, copies of which orders, with accompanying plans, are on file in this office, are consistent with the public interests.

By the Commission,

ANDREW A. HIGHLANDS,

SEPTEMBER 27, 1918.

[P. S. C. 1283]

Secretary.

Petition of the Bay State Street Railway Company for permission to postpone the construction of the extension of its line in Varnum avenue in the city of Lowell.

Petition of the Bay State Street Railway Company for permission to postpone construction upon a location in the town of Arlington necessary for the establishment of a through route between Winchester and Harvard square.

Under date of September 12, 1916, the Commission ordered the Bay State Street Railway Company to proceed to build and operate an extension of its line in Varnum avenue in the city of Lowell, upon a location legally granted by the board of aldermen of said city. Under date of October 14, 1916, the Commission likewise issued an order requiring the establishment, by the Bay State Street Railway Company and the Boston Elevated Railway Company, of a through route for the transportation of passengers between Winchester and the Harvard square station of the Cambridge subway. This necessitated new construction upon locations which were refused by the selectmen of the town of Arlington but were subsequently granted by the Commission on May 18, 1917, under authority of section 25 of chapter 784 of the Acts of 1913, as amended by chapter 137 of the General Acts of 1916.

In the petitions now under consideration, the Bay State Street Railway Company requests permission to postpone the construction, in both of these cases, until conditions so change that the matter can be favorably considered. No similar petition has been presented by the Boston Elevated Railway Company in the Arlington case, but it is obvious that the through route cannot be established without joint action and construction by both companies, and that compliance with the order by one alone would be of no benefit to the public. The Bay State company gives, as its reason for the petitions, financial inability to carry on the necessary construction work.

When the orders were issued the company was not in good financial condition, and since that time the situation has grown worse rather than better. The company is now in the hands of a receiver and expected increases in revenue from various increases in rates have not as yet materialized. The Commission has delayed action upon the petitions in the hope that conditions might improve, but so far has been disappointed in this hope. Comparatively speaking, the expenditure of capital neces

sary to comply with the orders would not be large in either case. No doubt the amount might in some way be secured and much of the material taken from existing supplies, but only at the expense of other and more necessary work. There can be no doubt as to the inability of the company at the present time to provide in any adequate way for reconstruction and betterment work which is essential to good service. More important, however, is the fact that the country is at war and that every effort is being made to conserve labor and material. State public service commissions have, indeed, been specifically requested not to order new construction work unnecessary to the prosecution of the war. The work involved in the orders under consideration would promote public convenience and ought eventually to be done, but it is not a matter of public necessity under present conditions. In view of the circumstances, we think it best to suspend the orders indefinitely, reserving the right to make them effective again under more favorable conditions when the war is

over.

It is therefore

Ordered, That the order of the Commission in docket number 949, requiring the Bay State Street Railway Company to proceed to build and operate an extension of its line in Varnum avenue in the city of Lowell, and the order of the Commission in docket number 1692, requiring the establishment by the Bay State Street Railway Company and the Boston Elevated Railway Company of a through route for the transportation of passengers between Winchester and the Harvard square station of the Cambridge subway, be hereby suspended until otherwise ordered by the Commission.

By the Commission,

ANDREW A. HIGHLANDS,

SEPTEMBER 9, 1918.

[P. S. C. 949, 1692]

Secretary.

Petition of the West End Street Railway Company by the Boston Elevated Railway Company, its attorney, for approval of relocation of tracks in South Boston.

Memorandum.

This petition was filed on April 12, 1918, and requested the approval by the Commission of orders of the board of street com