§ 120. Power of commissioner to order repairs or changes. If in the
judgment of the commissioner, additional tracks, switches, terminals or
terminal facilities, stations, motive power, or any other property,
construction, apparatus, equipment, facilities or device for use by any
common carrier in or in connection with the transportation of passengers
or property ought reasonably to be provided or any repairs or
improvements to or changes in any thereof in use ought reasonably to be
made, or any additions to changes in construction should reasonably be
made thereto in order to promote the security or convenience of the
public or employees, or in order to secure adequate service or
facilities for the transportation of passengers or property, or to
overcome or to minimize except by change of motive power nuisances of
smoke, soot, or cinders, arising from the operation outside the
corporate limits of a city of such common carrier, such changes or
additions in equipment not to be in conflict with any federal statute or
regulation, the commissioner shall, after a hearing either on his own
motion or after complaint, make and serve an order directing such
repairs, improvements, changes or additions to be made within a
reasonable time and in a manner to be specified therein, and every
common carrier shall make all repairs, improvements, changes and
additions required of it by any order of the commissioner served upon
it. If any repairs, improvements, changes or additions which the
commissioner has determined to order require joint action by two or more
of said carriers, the commissioner shall, before entry and service of
order, notify the said carriers that such repairs, improvements, changes
or additions will be required and that the same shall be made at their
joint cost, and thereupon the said carriers shall have thirty days or
such longer time as the commissioner may grant within which to agree
upon the part or division of cost of such repairs, improvements, changes
or additions which each shall bear. If at the expiration of such time
such carriers shall fail to file with the commissioner a statement that
an agreement has been made for a division or apportionment of such
repairs, improvements, changes or additions the commissioner shall have
authority, after further hearing, to fix in his order the proportion of
such cost or expense to be borne by each such company and the manner in
which the same shall be paid and secured. But this section shall not be
construed to authorize the commissioner to require two or more railroad
companies to unite in the erection of a union station.