5 dise, and cars of any other rail-road corporation, which 6 has been, or may hereafter be, authorized by the Le7 gislature to enter with their rail-road upon, or to unite 8 the same with, the road of such corporation, and use 9 such last named road. And if the respective corpora10 tions, whose roads are so united, shall be unable to 11 agree upon the compensation so as aforesaid to be 12 paid, the Supreme Judicial Court, upon the petition 13 of either party, shall appoint three commissioners, who 14 shall, upon due notice to the parties interested, pro15 ceed, to determine and fix such rate of compensation. 16 And the award of said commissioners, or a major part 17 of them, shall be binding upon the respective corpora18 rations interested therein, until the same shall have 19 been revised or altered by commissioners so appointed 20 as aforesaid; but no such revision or alteration shall 21 be made by such commissioners within one year after 22 such decision and award shall have been made.

1 SECT. 3. The said commissioners shall, upon the 2 application of either party, if the respective corpora3 tions cannot agree upon the same, also determine the 4 stated periods at which said cars are to be drawn as 5 aforesaid, having reference to the convenience and in6 terest of said corporations and of the public, who will 7 be accommodated thereby.

1

SECT. 4. The compensation of said commissioners, 2 for their services and expenses, shall be paid by the 3 respective corporations interested therein in equal pro4 portions.

1

SECT. 5. This act shall take effect from and after 2 its passage.

Commonwealth of Massachusetts.

SENATE, March 17, 1845.

The Joint Standing Committee on Railways and Canals, to which was referred the petition of William J. Valentine and others, for a Railway from Boston to Chelsea; also, remonstrances of the Selectmen of Charlestown, of the Eastern Rail-road Corporation, and of sundry individuals, against the prayer of the petitioners, have given the subject deliberate consideration, and ask leave to

REPORT,

That the route of the proposed road commences at the head of Canal street, in Boston, on ground belonging to the Boston and Maine Extension Rail-road Company, passing on the west side of the Maine Extension Company's bridge to Charlestown, crossing the great public thoroughfare at Charlestown Neck, over Mystic river, passing near Winnisimet village, in Chelsea, to the Eastern Rail-road, about three miles east of East Boston, the whole length of line being about six miles.

The estimated cost of the proposed road and its appendages, as furnished to the Committee, is as follows:

These estimates are, in the opinion of your Committee, not to be implicitly relied on, for it appeared that the surveys had been made somewhat hastily, and the large items for land damages were mere assumptions, without any certain data to rest upon; and the cost will much depend on the amount that may be claimed by the Boston and Maine Extension Company, whose grounds it is proposed to occupy, and against whose bridge across Charles river, the bridge of the petitioners is intended to rest for support.

In regard to the income to be relied on to sustain the road and pay a fair remuneration to the stockholders, estimates were submitted which would lead to the belief, that, if the whole of the travel between Boston and Chelsea, and a good share of the travel from the Eastern road, should enter the city in this direction, it might be a paying road.

In order to satisfy the Committee that this would be the course of travel if the proposed road should be built, the petitioners urged that the Depot at the Haymarket was more central and convenient of access than that at East Boston; and an array of evidence was adduced to show, that the ferries at Winnisimet and East Boston did not afford the accommodation the public had a right to expect, and that, in view of the delays and inconveniences which had been experienced, this mode of communication with a large city like Boston, ought not to be tolerated. The petitioners therefore calculate most confidently, that if their road is once built, the principal part of the travel between Boston and the East, will pass over it.

The case made out by the petitioners, if there had been but one side to it, might have induced the Committee to recommend that their prayer should be granted.

But it was alleged on the part of the Selectmen of Charlestown who remonstrated against it, and of others who appeared and opposed it, that the damage to individuals, and danger and inconvenience to the public, by crossing various public roads, more particularly the great thoroughfare at Charlestown neck, would of themselves go far to offset for any conveniences or advantages which might be realized from the road if built.That the objections to the ferries were magnified and over ra

ted, that many of the citizens of Chelsea were opposed to the project, that it would destroy the ferry, and the probable result would be, that the citizens of Chelsea would be no better accommodated with the rail-road than without it.

The Eastern Rail-road Corporation object only so far as to have any connection with their road. And the Boston and Maine Extension Company strongly object to giving to this road the right to occupy any portion of their grounds,—having plans, present and prospective, which, when carried out, will require all the ground in their possession.

In regard to the ferries, it appears that the Winnisimet Steam Ferry has been in operation about thirteen years. It carries passengers at 6 cents each, or twelve dollars a year, which, to those who cross and re-cross daily, is but a small consideration. There are about seven hundred passengers who cross and recross daily, and except from obstructions by ice for a few days in winter, the ferry affords an uninterrupted and convenient means of communication between Boston and Chelsea.

The rapid increase of population in Chelsea, in late years, would seem to demonstrate, that the difficulties in the ferry are much greater in theory than in practice.

It would be hardly doing justice to the ferry, to deny that the facilities it affords, have not contributed materially to the growth and prosperity of the town of Chelsea.

In regard to the East Boston Ferry,-it was proved, that there had been occasional delays in crossing, of from ten minutes to two hours, caused principally by ice, but sometimes by vessels crossing the track of the boat,—and these delays are doubtless vexatious and inconvenient. It, however, appeared, that the delays at the East Boston Ferry were exceedingly rare; and that, in regard to the quality of the boats, the conveniences of passing to and from them and the cars, and for general good