The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15
No. 853, AL Published May 20, 1909.
CHAPTER 213, LAWS OF 1909.

AN ACT to amend section 1797m-8O, Sec
ton 1797m-81 and section 1797m-90
Of the statutes, relating to the jurisdic-
ton and regulation of public utilities by
the Railroad Commission of Wisconsin.
The people of the State of Wisconsin. rep
resented in Senate and Assembly, do en-
act as follows:
Section l. Section 1797m-SO of the
statutes is amended to read Section 1797m
80: II the municipality shall have de-
termined to acquire an existing plant then
operated under license permit or fran
chise existing at the time this act takes eff
feet by vote OF a majority of the electors
voting thereon at any general, municipal or
special election at which the question of the
purchase OF such plant shall have been sub
mitted, such municipality shall bring an ac-
ton In the circuit court against the public
utility as defendant praying the court for
an adjudication as to the necessity of such
taking by the municipality, in which action
the complaint shall be served with the sum-
mons. The public utility shall serve and
file its answer to such complaint within ten
days after the service thereof, whereupon
such action shall be at issue and stand
ready for trial upon ten days notice by
either party. Unless the parties thereto
waive jury, the question as to the neces-
sity of the taking Of such property by the
municipality shall be as speedily as possible
submitted to a jury.
Section 2. Section 1797m-81 of the
statutes statute o. is amended to read: Section
determined to acquire an existing plant in
the manner provided in the preceding Sec
ton, and the public utility owning such
plant shall have consented to the taking
over of such plant by the municipality by
acceptance Of an indeterminate permit as
provided herein, or, in case such public util-
ity shall not have waived or consented to
such taking, If the jury shall have found
that necessity exists for the taking of
such plant, then the municipality shall give
speedy notice of such determination and of
such consent or such verdict of q jury to
the public utility and to the commission.
Section 3. Section 1797m-90 of the
statutes is amended to read Section 1797m
80. 1t shall be unlawful for any public
utility to demand, charge, collect or receive
from any person, firm, or corporation less
compensation for any service rendered or to
be rendered by said public utility In consid-
Grafton Of the furnishing by said person,
firm or corporation OF any part of the faciE
tiles incident thereto; provided nothing
herein shall be construed as prohibiting any
cident to the production, transmission de-
livery or furnishing Of heat, light, water or
power or the conveyance of telephone mes
sages and paying a reasonable rental there
for or as requiring any public utility to
furnish any part Of such appliances which
are situated in and upon the premises of
any consumer or user, except telephone sta
ton equipment upon the subscribers prem
tseS and unless otherwise ordered by the
commission meters and appliances 70.
measurements of any product or service
Section f. This act shall take effect and
be In force from and after its passage and
publication.
Approved May %, 1909