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


grantee to employ competent hydraulic en-
gineerS to be selected by the railroad COM
mission of Wisconsin TO assist in deter
mining the tolls to be charged as afore-
said and the expense thereof shall be
treated as part of the cost of maintenance
and operation of said works. II any such
improved water power be operated by
lessee or lessees under lease or contract
made prior to the enactment and publica-
ton of this act, then such lessee or lessees
shall be chargeable with the payment of
such tolls; otherwise the same shall be
paid by the owner or owners of the water
power. Each water power liable to tolls
as above provided which shall be operated
two months or more during any six months
toll period shall be subject to tolls for the
whole of the same period; otherwise no
tolls for that period shall be chargeable.
Section s. On or before June 10th and
December 10Th of each year, said Wis
cOnsin Valley improvement company shall
lay before the railroad commission of Wis
consin statement showing all expenditures
made or necessary to be made for the next
six months period next preceding July LIST
and January 1st respectively or each year
for maintenance and operation of such res
ervoir system, all capital stock of said COM
pany issued and then outstanding, the cash
capital actually paid in, the storage
pacity and location of each reservoir, and
all reports and data obtained from en-
gineers employed as provided in section
four of this act and such other informa-
ton and statements as the commission
shall require, together with a recommends
ton Of the amount of tolls necessary to
pay such cost of maintenance and opera
ton and net return Of six per cent per
annum on the capital invested, and rec
ommendation as to the apportionment there
of against the owners or operators of i'm
proved powers In accordance with said
section four. The railroad commission
operator proposed to be charged with tolls
ten days notice by mail of the amount Of
tolls recommended to be charged against
him and of the time when and place where
the railroad commission will hear objec-
tons to the proposed tolls. The railroad
commission shall at the time appointed hear
all objections made and may take evidence
and make or cause to be made independent
investigation of the validity OF the same,
and may adjourn, from time to time, and
shall, as soon as practicable, on or about
July LIST and January LIST of each year, do
termine and certify the amount of tolls
to be collected from each water power
operator for the period under consideration,
and such tolls shall thereupon be due and
payable to the Wisconsin Valley Improve
ment company.
ANY person in interest being dissatisie
with any order of the commission author
lied to be made under this act, may CON-
mepce an action in the circuit court of
the county where the property affected is
located against the commission as de-
PENDANT to Vacate and set aside any such
order within sixty days from the date of
the mailing to such person q copy of
such order by the commission, on the
ground that such order Ia unlawful or un-
shall be served with the summons. The
commission shall Immediately notify the
SAID company by mail Of the service of said
complaint. Within twenty days after the
mailing of such notice, to said company,
the said company or said commission shall
file its answer to said complaint and said
action shall be at issue and stand ready
for trial the same as any other action.
In all trials under this section the bur-
den of proof shall be upon the plaintiff to
show by clear and satisfactory evidence
En% 10 20 &E.a 4cnF1
planned of Is unlawful or unreasonable as
the case may be. Every party to said
action, within sixty days after the service
Of copy Of the order Of Judgment OF the
circuit court, may appeal to the supreme
court
No tolls shall be levied or used to pay
or purchase or betterment of the reservoir
system. The amount of such tolls shall be
a lien upon the water power, dam, fran
chises and fowage rights Of the person or
in case such tolls shall not be paid when
due the person or corporation entitled to
collect the same, shall be entitled to sue
for and collect the same, by an action at
law, or by a suit in equity for the fore
closure and enforcement of said lien, and
for sale Of the property affected thereby
pursuant to such judgment Of foreclosure.
Section 6. No dam or reservoir now In
existence or heretofore authorized shall be
constructed or created until the plan there
for showing the form and location Of the
q
the state board OF forestry and approved
thereby, after first giving reasonable notice
and opportunity to be heard, to ell persons
interested, by publication In one or mora
newspapers most likely to give such no.
tice, or such other notice as the board
shall deem advisable; nor shall any petit
tion be filed for the condemnation Of any
property for the purposes of this act with
out first having attached thereto the ap-
prevail IN writing of said board. Said
water may be raised by any dam to be
marked by permanent monuments and bench
marks and shan have supervision and con-
troll Of the times and extent of the draw
ing Of water from the reservoirs, and the
power to compel the maintenance Of all
reservoirs, established. They shall have
authority to employ at the expense Of said
improvement company hydraulic engineers
and other persons to assist them IN obtain
ing the informa ton necessary to a proper
discharge Of their duties, such expense to
struction or maintenance and operation of
the reservoir system. No capital stock of
said Improvement company shall be issued
until the proposed Issue thereof shall have
been submitted to the railroad commission
OF Wisconsin and said commission shall
have aScertained. determined and certified
that the proposed issue will be In consid-
eration OF money or labor or property
estimated at its true money value actually
received by said company, squal to the par
value thereof, and 1t shall be the duty of
promptly
any such proposition submitted. The money
received by said company upon account of
capital stock shall be used only in pay
ment of the original cost Of purchase, con-
system and Of the work preliminary thereto
and necessary to prepare for or to deter
mine upon the same; and all tolls collected
as hereinbefore authorized shall be applied
only to the payment OF cost Of maintenance
and operation OF the system and payment
OF the net return on capital above pro-
2SNA P@n g. H. HAnT Z. a
shall be maintained at par value at ali
times.
Section Z. All dams erected or acquired
and maintained by the grantee shall be
subject to all Of the requirements Of the
statutes now In effect, and all that may be
hereafter enacted relating to the providing
o6a b. Wiz
slides, chutes, guide boomg and piers for
the passage Of logs and timber over or
through the same.
to be a public act and for the accomplish
mant OF public purposes and shall be ia
vorabIy construed to the accomplishment Of
Section 8. The right Is hereby reserved
to the legislature to repeal or amend this
act at any time; La case the Wisconsin
the arst 9sy # SaS0aHs Is eas naSs
operation reservoirs Of the storage capacity
OF at least two billion cubic feet Of watsr,
act abs s s: and sts by s
shall have the right at any time whenever
it may have the constitutional power, to
take over to itself and become the owner
of all reservoirs and other works and prop
erty acquired by the Wisconsin Valley In
provement company, pursuant to this act,
By paying therefore the cash capital actual
ly paid on the capital stock Of said com
pany Heretofore lawfully issued and out
standing or the actual value Of the physical
properties go taken over and without any
allowance for franchises or good will Of
the business, and If such actual value can
not be agreed upon between the state and
such owner, then the same shall be deter
mined by the raiIroad commiaaion of VIE.