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


county in section rs, township 50,
range 5 west, by John T. Cosgriff, his
successors and assigns.
The people of the State of Wisconsin,
represented in the Senate and Asse1-
bly,. do enact as follows:
Section l. John T. Cosgrif, his sue
cessors and assigns, are hereby author
lied to erect, construct aid MAINTAIN
Dam, of a height not exceeding 20 feet,
across the Jump river in Gates county,
in section 26, township 80, range 5 west.
Section 2. The said power and author
ity are granted for the purpose of en-
aiding said grantees to Help navigation
by creating slackwater above said dam,
and to assist III The floating Of ties,
fence posts and other timber down said
river. Any hydraulic power that f,ay
be incidentally created thereby not
needed for the purposes stated may be
used, leased or sold.
Section g. The power of condemna-
ton of lands that may be needed for
f1owage or otherwise for the carrying
out of the provisions of this act, shall
be those allowed by sections TIT, 1Y77a,
1777b, 17f7c and 1777d of the statutes
ST 1893 and acts amendatory thereof.
Section 4. Said grantees shall build,
maintain and keep in rehaif suitable
2lides and chutes in said dam for the
summing of logs and Other. timber pro-
Ducts over the same, sufficient IN ca
pacity to accommodate all such logs and
products as may be. fpated down said
river and shall maintain sufficient I'M
Distracted channel for the passage of
all logs and other fioatableB through the
pond created by said dam. ard all logs
and other foatables debtihed to. points
below the said dan shall be taken by
the owners of said darn when they
reach the fowage Of The pond created
thereby, or reach any jap that may be
caused by the stopping q logs or other
foatables by the works OF pond of such
owners, and be driven free of charge,
and with reasonable dispatch, through
said fowage and pond and over said dam.
Section 5. The dam erected under
the authority hereby granted shall be
provided with good and sufficient fish
way to be approved by the board of
commissioners of fisheries, and said
fshway 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
shah 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 (S25) dollars, ,hr
more than one hundred (S1O0) dollaf@..
Section g. The right is hereby re-
served to the legislature to repeal or
amend this act at any time.
Section 7. This act is passed in con.
sideration of, and upon the following
express conditions:
l. The dam hereby authorized shall
be constructed within four years from
the date of the passage of this act.
2. If SO builtand 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 tilhe.
8. The water. power acquired under
and by virtue of this act shall not be
operated Or it's 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 n.y.
draulic power or accumulation Of water,
procured or created under this act, for
purpose, they shall not charge more
than reasonable fgntal therefor. In
case the owners Of such dam and the
0c NJ IF hxI1, 1io
power or accumulation of water shall
paid for the use of the same, they shall
submit the matter to arbitration, and
for this purpose the owners Of such
select an expert engineer, the lessee
and the two engineers so chosen shall
stitute the arbitrator, and shall have
full power to determine tie price that
shall be paid for the use OF such power
ion shall be reduced to writing, and
tors, shall be final and conclusive up8n
the parties in interest.
Section 8. 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 accum-
ulation of water is not needed for other
use, or his failure to comply with all
the conditions of this act shall termin-
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 fer the same to arbi-.
tration, as herein provided, or after
submission, to pay the price determined
by said arDitrators shall work forfeit
ure Of his lease, if any he had, Of such
power or accumulation of water.
Section g. 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 writ
ten acceptance Of the conditions herein
contained.
Approved June II, 1905.