Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-06-27

OF condemnation under the power OF
eminent domain as provided in sec
lions l717a, 1717b, 1177c, 1177d and
1111e, statues of 1898, and laws
amendatory thereof ARE hereby made
applicable to said dam and the ac-
QUESTION Of the title or right to use
any lands or riparian ri hts for the
| purpose OF building. intaining and
using said dam for the purpose here
! inbefOre specified.
Section 5. Said dam shall be so
constructed and maintained as not
to hinder, impede or obStrlct the free
navigation of said jump river And
said John &. Young, his heirs, assoc
cates and assigns, shall build, main
tain and keep in repair suitable slides
and chutes in said dam for the running
OF logs and timber products over the
same, sufficient i'll capacity to ac-
| cOmmOdate all logs and timber pro-
| duets that may be tlOated down said
| Jump river and shalt maintain a
sufficient unObStructpd channel for
the free passage of logs and timber
products through the pond created 10y
said dam; ana all logs and timber pro-
ducts destined to points below said
dam shall be taken Ivy the owners OF
said dam when they reach the flow
age thereof, or reach any jam that
may be caused by the stopping Of
logs by the works or pond OF the
owners of said dam, and shall be
driven by such owners free OF charge
and with reasonable dispatch
through said flOwage and pond and
over said dam.
Section 6. Said dam shall be SO
constructed and maintained as to be
capable Of permitting the free and
uninterrupted passage through or
over the same OF any or all floods dis
charged by any flooding dam further
up said Jump rivprfOr the purpose OF
assisting in and facilitating the driv-
jng of logs and other timber products
below said dam authorized by this
act. and the owners OF said dam
shall SO maintain and operate it as
to permit the free passage of all such
floods without substantial impair
ment OF their effectiveness, in assist
ing in the driving of logs and timber
products down said Jump River and
shall be liable in damages to any |
person or corporate injured by |
failure to comply with this section.
Section {. The dam SO erected shall |
be provided with good and sufii
cient fishWay to be approved by the |
state 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 stream.
Section 5. The right is hereby re-
served to the legislature to repeal or
modify this act at any time.
Section 8. This act is passed in
4 n 4Gf ~
ing expressed conditions.
l. The building OF the dam herein
authorized may be commenced at
any time within four years from the
date OF the passage OF this act and
thereafter constructed to completion.
2. III SO built and constructed it
must be maintained and operated
continuously, and it's maintenance
and operation must not be discon-
tinued or cease for any length OF time
exceeding two years at one time.
3. The water power acquired
under and by virtue of this act shall
not be operated or its operation SuS-
pended pursuant to any contract,
agreement or understanding, eX-
pressed or implied, in violation of
any law of this state orr OF the United
States.
In case the owner thereof desires
to let, lease or rent or furnish any
hydraulic power or accumulation OF
water procured or created under this
act, for public purposes or any law
ful private purpose, they shall not
charge or collect more than Il reason
able rental therefor. In case the
owner of such dam and the lessee OF
any part OF said hydraulic power or
accumulation OF water shall be I'M
able to agree upon the price to be
paid for the use of the same, they
shall submit the matter to arbitra-
ton, and for this purpose the owner
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 select q third, who to-
gether shall constitute the arbi-
traitors, and have full authority to
determine the price that shall be paid
for the use of such power or ac-
emulation of water. Their decision
shall be reduced to writing, and
signed by q majority of such arbi-
traitors, and shall be final and con-
elusive upon the parties in interest.
Section 10. The refus al of any
owner to submit to arbitration us
herein provided, the question of the
price at which hydraulic power or
accumulation Of water shall be rented
as herein provided, or his. failure to
furnish Such mower or accumulation