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


maintain said dam and use the same
for the purpose herein specified, the
said John G. Young, his heirs, asso-
ciates and assigns shall have the
right to take and overflow and use
any lands or riparian rights not
owned or controlled by him and may
acquire title to any such lands or
riparian rights and the right to con-
troll and use the same for said pur-
poses by and through proceedings OF
condemnation under the power of
eminent domain as provided in sec
tions 1777a, 1717b, l771t, lI71d, and
1777e, statutes 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 rights for the
purpose Of building, maintaining and
using said dam for the purpose here
inOefOre specified.
Section ). Said dam shall be SO
constructed and maintained as not
to hinder, impede or Obstruct the free
navigation OF said Jump river. And
said John c. Young, his heirs, asso-
cia ties and assigns shall build, main
tain and keep i'll repair suitable slides
and chuteS in said dam for the run
ming OF logs and tfmber prOdn is
over the same, sufficient in capacity
to accommodate all logs and timber
products that may be fiOated down
said Jump river, and shall maintain
Il sufficient unobstructed, channel for
the free passage OF logs and timber
products through the pond created
10y said dam; and all logs and timber
products destined to points below
said dam shall be taken by the own
ers OF said dam when they reach the
howage 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 t1OWage and pond and
over said dam.
Section g. The dam so erected
shall be provided with q good and
sufficient fishway to be approved by
the state board of commissioners of
fisheries, ana said fishWay shall ut
all times be kept in good repair and
open for the free and easy passage Of
fish up and down said river.
DcCtIOu q L IlC IIS III ID uCICbJ IC-
served to the legislature to repeal or
modify this act at any time.
Section s. This act is passed in
consideration of, and upon the fol
lowing expressed conditions:
/. The building of the dam herein
authorized may be commenced ut
any time within four years from the
date of the passage of this act and
thereafter constructed to completion.
2. If so built and constructed it
must be maintained and operated
continuously, and it's maintenance
and operation must not be dis
continued 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 OritS operation
suspended pursuant to any contract,
agreement or understanding. eX-
pressed 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 hydraulic power or accumula-
ton OF water procured or created
under this act, for public purposes or
any lawful private purpose, they
shall not charge or collect more than
q 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 accumul-
alton of water shall select an expert
engineer, the lessee shall select another
eXpertengineer, and the tW o engineers
so chosen shall select third, who
together shall constitute the arbi-
traitors, and have full authority to
determine the price that shall be
paid for the use of such power or
accumulation of water. Their de-
cision shall be reduced to writing.
and signed by a majority of such
abritrators, and shah be final and
conclusive upon the parties in
interest.
Section 9. The refusal OF any own
er to submit to arbitration as herein
provided, the question of the price at
which hydraulic power or accumula-
ton Of water shall be rented as here
in provided, or his failure to furnish
such power or accumulation of water
at the price fixed by said arbitrators
as hereinbefore provided, ii such
power or accumulation of water is
not needed for other use, or his failure
to comply with all the conditions of
this act, shall terminate and forfeit
the franchise hereby granted -. the
failure of the lessee OF such hydraulic