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

any proposed line of railroad In this state,
until 1t shall have obtained from the rail-
road commission of Wisconsin, a certificate
that public convenience and a necessity re-
quire the construction Of said railroad as
proposed In the articles of association of
said railroad company, and such certihcate
shall constitute the license from this state
to the company to build it's said proposed
railroad.
Section 1797-4O. Application for the
foregoing certificate shall be made within
six months from and after the publication
of the articles Of association Of the COM
pany applying in the manner hereinafter
Section 1874. No railroad corpora
tion shall make application for such GER
tificate unless 1t shall have caused copy
of its articles Of association to be published
In one or more newspapers in each county
in which the road is proposed to be located
at least once in each week for two success
sive weeks and within six months next prior
to the time of making such application, and
shall file satisfactory proof thereof with the
said railroad commission.
Section 1912. Nothing in the act
shall prevent any railroad corporation from
causing such examination and surveys for
its proposed railroad to be made as may
be necessary in order to select the best and
most advantageous route, and Tor that pur-
pose to enter upon the lands of any owner,
but subject to responsibility for any damage
that may be done thereto.
Section 1913. Every application for
a certificate of convenience and necessity
under the provisions hereof shall be ac-
companied by complete maps and prohles OF
the line of the proposed road, which maps
and profles shall be filed with the applica-
ton by said railroad commission. Prior to
the granting or refusing Of said certificate
the commission shall have the right to per-
NIT errors, omissions or defects in the APP
plication maps and prOfiles to be supplied
or corrected, and also to permit changes IN
the proposed route to be made where the
same are deemed desirable.
Section 1904. If any railroad COM
pany heretofore organized shall hereafter
desire to extend It's line or lines OF rail-
road in this state or to build extensions or
branches connected Herewith, or to con-
struct any unconstructed portion of Its
authorized line of railroad, or any line OF
railroad whatever for which the right-of-
way. and local consents and franchises nave
not been procured, 1t shall, before beginning
construction thereof make application to
the railroad commission for a certificate or
convenience and necessity authorizing the
construction of such extension or branch or
lines in the manner hereinbefore provided;
except that 1t shall not be necessary to
publish the articles of association Of such
hearing of such application at least once In
each week for two successive weeks pre-
cedlng such hearing in one or more news
papers IN each county n IN n w wh lem salo OK
Section 1915. Upon receiving an
application under the provisions Of this act,
the railroad commission shall forthwith set
a time and place for the hearing Of such
application, which time shall not be less
than three weeks nor more than eight
weeks from the date of filing such appli-
cation, and the place shall be at the city or
Madison, or at some place along the line, OF
the proposed railroad II the commission
shall deem the latter more convenient. The
commission shall thereupon give to the ap-
plicant a notice Of the time and place OF
said hearing which notice shall be pub
lished by the applicant at least once each
week for two successive weeks preceding
such hearing In one or more newspapers IN
oh which rOn6
to be located, and satisfactory proof Of such
publication shall be fled by the applicant
with said railroad commission.
any adjournment thereof the commission
shall carefully consider such application and
shall hear such applicant by counsel or
agents In support thereof and any person
or corporation in person or by counsel or
agents in opposition thereto and upon de-
mand of the applicant or any person or
corporation appearing in opposition, take
ton in support Of the application or In OPP
p' Section 1797-47. All provisions Of
chapter 362 Of the laws Of 1905, or any
act amendatory thereof, relating to the sub:
poenaing Of witnesses, the production or
books, documents and papers, the admlnls-
tration of 0aths, punishment for dlSoDed1-
ence of an order of the commission or any
commissioner or Of a subpoena, or for re-
fusal of a witness to be sworn or to testi-
fy, witness fees, the payment thereon. taking
0eDOSlLlOTS.
proceedin gs, the taking Of testimony, trans
cribing copies of evidence and testimony,
or relating to the procedure before said
commission not inconsistent with this act,
shall apply to all proceedings under this
act.
Section 1797-48 Upon the conclusion
of the hearings of said application as above
provided, said commission shall carefully
consider all the evidence submitted and II
the said commission, or a majority of them,
shall find that the proposed railroad would
be public convenience and that necessity
requires the construction Of said proposed
railroad, the said railroad commission shall
forthwith grant and Issue to the applicant
q certificate that public convenience and a
necessity require the construction Of said
railroad as proposed. Such certificate shall
be fled In the Office of the secretary of
state, and a copy thereof, certified to by
the secretary of state, shall be evidence OF
the facts therein stated. Said commission
shall also approve the map showing the
proposed route of said railroad and shall
file the same in their Office. The applicant
shall cause copy of such map certified by
copy of the original, with the seal of said
commission affixed, to be filed in the Office
Of the register Of deeds in each county in
which said railroad shall be located The
filing of said certificate with the secretary
Of state and the filing Of copy Of said map
showing said proposed route, as above pro-
vided, shall be condition precedent to the
right of said applicant railroad to institute
and maintain condemnation proceedings for
the requirement of land for the right OF
way, stations and other necessary uses of
said railroad.
Section 1919 If upon the conclu-
sion Of said hearing Of said application said
commissioners or a majority OF them shall
find and determine that said proposed rail
road is not a necessity or Is not required
by public convenience either because already
existing railroads or other means of trans
portation adequately provide for the neces-
stiles and requirements Of the public or for
N4S han
mission shall refuse to grant said certificate
and shall make such refusal matter Of
record in the proceedings, stating their rea-
son for such refusal, and shall give the ap-
plicant q copy of such refusal. If said GER
tifcate is refused no further proceedings
shall be had before said railroad commits
sion in the matter, but the application may
be renewed after two years from the date
of such refusal.
Section 1870. Any railroad corpora
ton or other party In interest, having ap-
hearing of such application and being dis
satisfied with the action Of the railroad
commission in granting or refusing to grant
such certificates, may file written notice
thereof with said commission, whereupon
said commission shall Immediately certify
and deliver to and file with the clerk of the
and all maps, pro1les, testimony, evidence,
dispositions and all other records, papers
and proceedings on file In its Office relating
to said application and copy of Its find
tngS and decision thereon, when sna! con-
stitute record in said court in said mat
ter. The party filing such written notice
Of dissatisfaction with the commission shall
thereupon and upon such record be entitled
to an order to show cause to be granted by
the presiding judge at any time. within
thirty days after the filing of said record
with said clerk. Said order to show cause
shall be served upon all persons and cor
porations who have appeared before the
railroad commission in such matter in such
manner as shall be prescribed by said pre-
siding judge. Upon the hearing Of such
order to show cause the court shall examine
said record findings and decisions and de-
termine the legality of the proceedings be.
fore said commission and OF the order OF