The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1905-09-16
Published Sc pit. 16, 1905
CHAPTER Ill.
No. 400 S.

in Gates county.
The people Of the State of Wisconsin,
represented in Senate and Assembly,
do enact as follows:
Section !. G. E. Newman, his asso-
ciates, heirs as assigns, are hereby aU
and empowered to erect, con-
5truct and maintain dam of height
not to exceed fifteen feet, across Main
creek in section 81, township "a, north,
Of range west, for improving the nav
igation of the river and for other pur-
poses.
Section 2. Said grantees, their asso-
GATES, heirs and assigns, for the pur-
pose of acquiring any fowage rights
which may be necessary for the accom-
plishment Of the public purposes here
inbefore specified, may exercise all
powers granted to corporations by sec
lions 1777a to 1777d inclusive of the
statutes of the State Of Wisconsin of
1898, and such amendments thereto as
may have been or may be made.
Section 3. Said grantees shall build,
maintain and keep in repair suitable
slides and chutes in said dam for the
running of logs and other timber pro-
ducts over the same, sufficient in ca
pacity to accommodate all such logs and
products as may be fioated down said
river and shall maintain sufficient I'M
obstructed channel for the passage Of
all logs and other foatables through the
pond created by said dam, and all logs
and other fioatables destined to points
below the said dam shall be taken by
the owners of said dam when they
reach the fowage of the pond created
thereby, or reach any jam that may be
caused by the stopping of logs or other
fioatables by the works or pond of such
owners, and be driven free of charge,
and with reasonable dispatch, through
said fowage and pond and over said dam.
Section 4. The dam erected under
the authority hereby granted shall be
provided with a good and sufficient fish
way to be approved by the board Of
commissioners Of fisheries, and said
fishway shall, at all times, be kept in
good repair and open for the free and
easy passage Of fish up and down said
dam. In case the owners of said dam
shall neglect or refuse to construct or
keep in repair and maintain such fish
way as required by this act, they shall,
upon conviction thereof, be fined not
less than twenty-five ($25) dollars, or
more than one hundred ($1OO dollars.
Section 5. The right is hereby re-
served to the legislature to repeal or
amend this act at any time.
Section 6. This act is passed in con-
express conditions:
/. The dam hereby authorized shall
be constructed within four years from
the date of the passage Of this act.
2. If so built and constructed it must
be maintained and operated continuous
ly and it's maintenance and operation
must not be discontinued or cease for
any length of time exceeded two years
at one time.
8. The water power acquired under
and by virtue of this act shall not be
operated or its operation suspended
pursuant to any contract, agreement or
understanding, expressed or implied,
in violation of any law of this state or
of the United States.
4. In case the owners thereof desire
to let, lease or rent, or furnish any hy-
draulic power or accumulation of water,
procured or created under this act, for
public purposes or any lawful private
purpose, they shall not charge more
than a reasonable rental therefor. In
case the owners of such dam and the
lessee Of any part Of said hydraulic
power or accumulation of water shall
be unable to agree upon the price to be
paid for the use Of the same, they shall
submit the matter to arbitration, and
for this purpose the owners Of such
power or accumulation Of water shall
select an expert engineer, the lessee
shall select another expert engineer,
and the two engineers SO chosen shall
stitute the arbitrators, and shall have
full power to determine the price that
shall be paid for the use of such power
or accumulation of water. Their decis-
ion shall be reduced to writing, and
signed by the majority of such arbitra-
tors, shall be final and conclusive upon
the parties in interest.
Section z The refusal of any owner
to submit to arbitration as herein pro-
vided, the question of the price at which
hydraulic power or accumulation of wa
ter shall be rented as herein provided,
or his failure to furnish such power or
accumulation of water at the price fix
ed by the said arbitrators as hereinbe-
fore provided, if such power or accun-
ulation of water is not needed for other
use, or his failure to comply with all
the conditions of this act shall tern1in-
ate and forfeit the franchise hereby
granted, and the failure of the lessee
of such hydraulic power or accumula-
ton OF water to submit the question of
price to be paid for the same to arbi-
tration, as herein provided, or after
submission, to pay the price determined
by said arnitrators shall work forfeit
ure of his lease, if any he had, of such
power or accumulation Of water.
Section 8. This act shall take effect
and be in force from and after it's pass
age and publication, and the filing in
the Office of the secretary Of state by
the person or persons to whom the
franchise is hereby granted, of a writ
ten acceptance of the conditions herein
contained.
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