Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08
No. $50, A Published June 8. 1907
CHAPTER 189. LAWS OF 1907.


No CHAPTER III ri! 1873, LAWS LAWS OF 1907.
AN ACT to authorize J. S. Trip, Robert
Buerki, NJ. A. Dewitt and Magnus sven
ecutors, administrators and assigns, TO
build and maintain a dam across, ana
to improve the navigation OF the Wis
consin river above the same, ana TOT
the purpose Of creating hydraulic power
The people of the State of Wisconsin, rep
resented in Senate and Assembly DO
section /. J. s. Trip, Robert Buerki,
NJ. A. Dewitt and Magnus Swenson, their
and each of their heirs, executors, ad-
illustrators and assigns are hereby au-
thorized to build and maintain a Dam
across the Wisconsin river, the west end
thereof to abut on section twenty -nVe,
township ten north Of range six east, In
Sank, Wisconsin, and the east end there
of to abut on fractional section twenty
five, township ten north Of range SIX
9 In the tSTn of west Of begR Of
not to exceed eighteen feet, to improve
the navigation of the Wisconsin river
above said dam and for the purpose OF
creating hydraulic power, ana dney ,+ anu
administrators and assigns are hereby au-
thorized to use such hydraulic power Ior
public purposes or any lawful prlvate pur-
pose Such dam shall be constructed with
suitable flshways therein, so as to ADMIT
Of the free passage of fish.
Section g In case 1t shall be necessary
to take, flow or in5ure any ian nos anu anu
pose or purposes of the construction OF
use of the dam hereby authorized, or 1or
the purposes of such Improvement OF nav
tofore passed, and in behalf thereof. the
said J. S. Trip, Robert Buerki, n. A;
Dewitt and Magnus Swenson, their and
each of their heirs, executors, admins
nd
all of the provisions, remedies ana Ilaol II
ties in that behalf, and entitled to al
the benefits, privileges remedies ana a. pro- %
1898, entitled "Of Mills and Mill Dams,
as applicable and not inconsistent with
this act, but nothing contained in TINS
section shall be taken TO pfecluiue sanu
executors, administrators and assigns from
acquiring title to. or the right to use any
and all such lands and property, or OF
or any usual method or means of acQulsl-
ton of title by act of parties.
Section 8. Also for the purpose OF ac-
curing the necessary lands OF rlgn1s,
for flowage so that the complete construc-
ton of said dam and Improvement or naVl-
CATION under this act, or any law hereto hereto
fore passed, may be successfully carried
out said parties, their and each OF their
heirs. executors administrators and as
signs may enjoy the rights granted to
conferred
tions 1777 to 1777e, both inclusive, OF
the statutes of 1898, and such amend
ment, or amendments thereto as may have
been or may be made, and also may ENJOY
corporations by sections 1850 to 1857, both
inclusive, of the statutes of 1898, and such
amendment, or amendments, as may nave
been or may be made thereto
Section 4 No corporate powers are
granted or intended to be granted by this
act, and the same shall not be construed
or deemed to grant such powers
Section 5. The power to alter, amend
or repeal this act Is hereby reserved.
Section 6. This act is passed in consid-
GRAFTON of, and upon the following ex-
pressed conditions .
i The construction of this dam shall
be commenced in good faith within four
years from the date of the passage OF
2. If so built and constructed it must
be maintained and operated continuously,
and it's maintenance and operation must
not be discontinued or cease for any length
of time exceeding two years at one time.
g. The water power acquired under and
by virtue of this act shall not be oper-
ated or its operation suspended pursuant
ing, expressed or Implied, in violation of
any law of this state or OF the United
States.
4 In case the owners thereof desire to
drauIic power or accumulation of water,
procured or created under this act, for
public purposes or any lawful private pur-
pose, they shall not charge or collect more
than a reasonable rental therefor. In
case the owners Of such dam and the
lessee Of any part of said hydraulic power
or accumulation of water snail be unaDie
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 &C
emulation of water shall select an eX-
pert engineer, the lessee shall select an
other expert engineer, and the two engi-
neers so chosen shall select third, who
together shall constitute the arbitrators,
ana have full authority to determine the
price that shall be paid for the use OF
such power or accumulation or water.
Their decision shall be reduced to writing
and signed by a majority Of such arbitra-
tors, and shall be final and conclusive
upOn the parties in interest.
Section T. The refusal of any owner
to submit to arbitration as herein pro-
vided, 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 power or accumu-
lation of water at the price fixed by such
arbitratOrs as hereinbefore provided, if
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 fran
chise hereby granted, and the failure of
the lessee of such hydraulic power or &C
cumulatiOn Of water to submit the ques-
ton of price to be paid for the same to
arbitration. as herein provided, or after
submission 10 pay the price determined
by said arbitrators shall work q forfeiture
Of his lease, if any he had, of such power
or accumulation Of water
Section g. This act shall take effect
and be in force from and after its passage
and publication, and the filing IN the Of
fee of the secretary of state by the per
son or persons to whom the franchise is
hereby granted, Of q written acceptance Of
the conditions herein contained.
Approved June 6, 1907.