In the present instance the employees of the petitioner, the Middlesex and Boston Street Railway Company, are on strike and it is able to operate only a very few of its cars, to the great inconvenience of its patrons, especially the workmen who use the railway daily in going to and from their work. The company has no intention of engaging permanently in automobile operation, but believes that it can secure a certain number of motor busses for temporary use, and in this way accommodate some of its patrons whose need for transportation facilities is most urgent. It desires immediate action by the Commission to meet the existing emergency.

We think that the situation is clear and that there can be little doubt as to the course which the Commission ought to pursue. The public which the Middlesex and Boston Street Railway Company was created to serve is being deprived of transportation facilities which in many cases are greatly needed. Whatever may be the merits of the controversy with its employees, there is no good reason why the public should be permitted to suffer if in any way this can be avoided. If the company cannot operate street cars but can, to some extent at least, operate motor busses, in our judgment it ought to be permitted to do so.

It will be noted that the act above quoted does not contain the usual provision for "public notice and a hearing" prior to action by the Commission. Under ordinary circumstances, and if a permanent right to operate motor vehicles were desired, the Commission would consider a public hearing essential, whether or not required by the statute. In the present emergency, however, the value to the public of any action by the Commission is dependent upon the quickness with which it is taken, and no permanent right is desired.

The act also provides that the operation of motor vehicles by a street railway company shall be subject to such orders. rules and regulations as may from time to time be prescribed by the licensing authorities of any city or town which has accepted the provisions of chapter 293 of the General Acts of 1916, subject to review by this Commission. Where a city or town in which the vehicles are operated, however, has not accepted this act, the Commission has original jurisdiction in prescribing rules and regulations. In the present case some of the municipalities in which the electric lines of the company are located have accepted the act and some have not. In view of the temporary character of the operation, however, we do not think that it is necessary

for the Commission to lay down at this time any definite rules or regulations in those cases where it has original jurisdiction. The Inspection Department will be directed to keep the operation of the vehicles under observation and the Commission will be prepared to take such action as may from time to time seem necessary or desirable in the public interest.

It is therefore

Ordered, That the Middlesex and Boston Street Railway Company is hereby authorized, during the thirty days beginning September 1, 1918, but not thereafter, to acquire, own and operate for the transportation of passengers, motor vehicles not running upon rails or tracks in the cities and towns in which its railway lines are located and upon the routes which these lines follow, in accordance with the provisions of chapter 226 of the General Acts of 1918.

For the Commission,

AUGUST 31, 1918.

[P. S. C. 2261]

ALLAN BROOKS,
Assistant Secretary.

REGULATIONS.

Petition of the Massachusetts Northeastern Street Railway Company appealing from the regulations established by the town of Salisbury governing the operation of jitneys in that town.

Memorandum

Subsequent to the filing of this petition, a communication was received from the Massachusetts Northeastern Street Railway Company, dated October 5, 1918, requesting the withdrawal of the petition. The case is therefore placed on file.

For the Commission,

ANDREW A. HIGHLANDS,

OCTOBER 16, 1918.

[P.S. C. 2159]

Secretary.

Petition of the Board of Street Commissioners of the city of Boston for approval of regulations governing the operation of trains by the Union Freight Railroad Company.

At the hearing upon this petition, a member of the board of street commissioners of the city of Boston stated that, while the order of the board now submitted for approval is general in terms and is therefore to be construed as governing the operation of trains on all locations of the Union Freight Railroad Company, it was not intended to change or annul the regulations recently made by that board in its order of March 9, 1918, and approved by this Commission April 9, 1918, for the operation of cars and trains on Northern avenue, and he requested that any order of this Commission be made applicable to the operation of trains on Atlantic avenue only.

Objection was made by counsel for the Union Freight Railroad Company and by operating officials of the New York, New Haven and Hartford Railroad Company to this suggested change, on the ground that the regulations approved for the operation of cars and trains on Northern avenue do not permit daytime operation, while the regulations prescribed for Atlantic avenue permit such operation.

At a hearing before this Commission upon the petition of the Union Freight Railroad Company for approval of the location of tracks on Northern avenue, under date of March 27, 1918, counsel for the company stated, with reference to the regulations adopted by the board of street commissioners for the operation of trains on Northern avenue, that "those regulations are in accordance with what we agreed at the hearing, so it is entirely satisfactory and I suppose it is proper to submit them to you under the circumstances, without further petition. would like to have them so considered with your acquiescence or approval."

I

It appears from this statement that the conditions prescribed for the operation of trains upon Northern avenue were at that time satisfactory to the company. The company has not as yet begun the operation of its trains on Northern avenue. If at any time it finds that the regulations imposed are inconsistent with

the public interest, it is at liberty to petition the board of street commissioners for a modification of the regulations.

It is therefore

Ordered, That the regulations of the Board of Street Commissioners of the city of Boston, adopted August 5, 1918, governing the operation of cars and trains of the Union Freight Railroad Company in the city of Boston are hereby approved, so far as they apply to the operation of the cars and trains of said company in Atlantic avenue, Commercial and Causeway streets. By the Commission,

ANDREW A. HIGHLANDS,

SEPTEMBER 25, 1918.

[P.S. C. 2253]

Secretary.

Petition of the Board of Street Commissioners of the City of Boston for approval of regulations governing the operation of trains by the Union Freight Railroad Company in Boston.

Ordered, That the regulations of the board of street commissioners of the city of Boston, established by an order of said board adopted November 14, 1918, governing the operation of cars and trains of the Union Freight Railroad Company in Atlantic avenue, Commercial, Causeway and Lowell streets and in Northern avenue in the city of Boston, a copy of which order is on file in this office, are hereby approved.

It is

Further ordered, That the order of the Commission dated September 25, 1918, approving regulations of said board of street commissioners, adopted August 5, 1918, governing the operation of cars and trains of said company in Atlantic avenue, Commercial and Causeway streets in the city of Boston, is hereby revoked.

And it is

Further ordered, That so much of the order of the Commission dated April 9, 1918, approving certain orders of said board of street commissioners, adopted March 9, 1918, granting a location for tracks of the Union Freight Railroad Company in Northern avenue and Atlantic avenue in the city of Boston, as may be applicable to the operation of cars and trains in Northern avenue, is hereby revoked.

Attest:

ANDREW A. HIGHLANDS,

NOVEMBER 26, 1918.

[P.S. C. 2253]

Secretary.

OPERATION-STREET RAILWAY.

Petition of the Boston Elevated Railway Company for certificate preliminary to the operation of a section of its railway in the Dorchester Tunnel in South Boston.

Examination having been made of a section of the Boston Elevated railway in the Dorchester Tunnel in South Boston,It is

Ordered, That the Commission hereby certify that all laws have been complied with preliminary to the operation of a section of the Boston Elevated railway in the Dorchester Tunnel in South Boston, consisting of double tracks extending from a point approximately 400 feet from West Fifth street south of Broadway station to a point approximately 600 feet south of Andrew station, including one diamond crossover, the total length of said track, measured as single track, being about 8,845 feet, and that the railway appears to be in a safe condition for operation.

Attest:

ANDREW A. HIGHLANDS,

JUNE 28, 1918.

[P.S. C. 2173]

Secretary.

Petition of the West End Street Railway Company, by the Boston Elevated Railway Company, its attorney, for certificate preliminary to the operation of sections of its railway in the South Boston district of Boston.

Examination having been made of sections of the West End street railway in the South Boston district of Boston,

It is

Ordered, That the Commission hereby certify that all laws have been complied with preliminary to the operation of sections of the West End street railway in the South Boston district of Boston, consisting of track in Boston, Dorchester, Ellery and Southampton streets, Dorchester avenue, Andrew station and its approaches at Andrew square, the total length of said sections of track, measured as single track, being about 2,198 feet (about