Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08


been damaged by the construction of any
such county highway Or by the alteratioo
of any existing grade, whether within o"
without the limits of such highway, but
such approaches and crossings shall be
constructed and maintained by the towns
in which such road is situated.
Approved July 8, 1907.
No. 1872, ST Published July 10. 1907.
CHAPTER 438, LAWS OF 1907.
AN ACT to create sections 1917 to 1497p
of the statutes relating to fishways In
dams, and providing penalty for Viola
ton thereof.
The people of the State of Wisconsin,, rep
resented in Senate and Assembly, do
enact as follows
Section 1. There are hereby added to
the statutes new sections to read as fol
lows: Section 1871 1t Is hereby made
the duty of all and every person, persons,
firm or corporation owning, managing, oc-
cupying or having in charge any dam or
other obstruction of any kind whatsoever,
that interfere with the free passage or
game fish, to construct and maintain IN
such dam or other obstruction f1shWay or
such kind as the commissioner of fisheries
of Wisconsin shall designate, within three
months after the said owner, occupant
manager person or persons having the the
charge or control of any such dam or other
obstruction shall have been notified In
writing by the commissioners Of fisheries to
build or construct such 1shway provided
that the execution of such order shall not
be compelled during the winter months.
Section 1497m 1t shall be the duty OF
each and every person, persons, firm or
corporation managing, occupying or having
in charge any such dam or other obstl uc-
tion in or across any stream or river In
this state in which a fshway Is required
by the commissioners Of fisheries to keep
and maintain such flshway In good repair
and open for the free and easy passage Of
game fish up and down the stream or river
on which it is located from the first day of
March to the first day of June in each and
every year and such fshway In dams on
or across streams containing trout of any
Nj tr boil n1cn hn qraTNn Aru&
day Of October to the first day of Deem
Der in each and every year and in dams
used expressly for the holding of waters in
such fshway shall be kept open for the
free passage Of fish at all times.
Section 1497n; The commissioners Of
fshway as they deem best for the dams of
this state, and whenever In their judgment
e tishway is necessary in any dam, or when
Of the voters Of the town, village or city
ward to examine any dam or other obstruc-
ton to the free passage Of game fish To-
Gated on any stream In such town, village
or city ward to determine whether q fish
way Is necessary to promote the prOpaga-
ton or passage Of game fish In such they
shall cause such dam or other obstruction
and the waters on which the dam Is To-
Gated to be examined and II the construc-
ton of fshway In such dam will in their
judgment be practicable Or aid In the
preservation of game fish or will promote
an increase of game fish In the stream or
river on which the dam or other obstruc-
ton Is located or in any waters above or
below such dam, they shall notify the per-
son, persons or firm or corporation owning,
occupying, managing or having In charge
such dam to build a fishway therein but
SUCH owner or occupant shall not be re-
quired to construct such fshway at any
point In the dam that will materially IN
terfare with the permanent buildings or
1ume OF such dam, as already constructed
at the time when fshway is ordered Said
notice to build a fshway shall prescribe as
nly ffOoh 10 %Tn % 49,
6shway In the dam, and shall be accompa-
ried by plans and specifications fer build
ing a fshway in such dam or other OBJ
Section 1870. 1t shall be the duty of
the state fish and game warden to enforce
the provisions Of this act; and the com
copy Of each and every notice to build
fshways Issued by them; and the state fish
and game warden shall cause each dam In
which 6, fshway has been ordered to be
examined at least twice each year during
the periods such ishways are required to
be open for the free passage Of fish.
or corporation who or which shall neglect
or reflse to build fshway or who or
which shall neglect or refuse to maintain
built. or who or which shall fail to keep
such ashway open to permit the game fish
to pass up and down the gtream or river
state Of Wisconsin a sum not less than ten
dollars nor more than one hundred dollars
Tor eacn month rnat ne, they, or IL snail
fail to construct such fshway after being
legally notified TO do so, after the time In
which to build ouch fshway has expired
or for each week that he, they or 1t shalt
fail to keep such fshway in repair after
being notified by the. state fish and game
warden to make repairs; or for each week
way open for the free passage of game fsn
during the time such hshway is required to
be open In each year, and the costs Of suit,
brought in the name of the state of Wis
consin. It shall be the duty Of the district
attorney Of each county in which dam
Is located Of which complaint is made TO
prosecute actions for violations OF this law
when complaint Is made.
Section 2. Chapter 16 of the laws
passed at the special session of the legisla-
ture OF 1905 and all other acts or parts of
acts in conflict OR Inconsistent herewith are
hereby repealed.
Apnroyed Tulv O. 1907