Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1909-1911, 1910-02-11
WRITER POWERS |
and The STATEI
IN WISCONSIN
POSITION OF MINORITY OF SPECIAL
LEGISLATIVE COMMIT
TEE.
FORMER USAGE TORN TO SHR0EDS
Minority Is for the State Assn ming
Right to Complete Con-
troll
PROBLEM OF INTEREST TO PEOPLE

Wisconsin,
MADISON. Wis. Feb. Sin cpnsld-
cring the proposed legislation relating to
water powers and the giving of fran
chises for the erection and maintenance
OF dams across the rivers of Wisconsin.
the recommendations made by Senators
Iustlng and Krumrey Il minority Of
the special committee, are of interest. In
the bills accompanying their report the
attempt is made to establish the doctrine
Of state ownership of the energy of the
water in Wisconsin streams and lakes
and to mullfy the existing declared pol
icy Of the rights of riparian owners. In
order that the public may judge Of the
intent and purpose of the plans Of the
minority of the committee the report Is
herewith reviewed.
The first purpose is to declare all
streams, whether meandered or not,
nayIgabIe streams, which are navigabe
in fact for any purpose, including those
Eayigable for logs and roWboats. This IS
done 10 fix the policy Of the state in I'M
mistakabie terms The second PROPOSE
ton declares that the use Of water in
navigable streams and lakes for power
developed under a franchise from the
state Is Il public use; and all of the en-
ergy developed or undeyelOped of the
water in the navigable streams of the
STATE is subject to the control of the state
for the greatest public good" The report
asserts the right of the state TO regulate
the creation and use of the power.
Confscation's Cloven Hoof
THE state should declare that the
beneficial use and natural energy of the
water Of the navigable streams and lakes
OF this state for all public uses belong
to the state in trust for all the peo-
pic" This is a declaration of the right
of the state as against the right of ripa-
rian owners. The committee further
proposes to make the acceptance of any
franchise a contract between the state
and the grantee, and thus enable the
state to manage, control and regulate the
erection Of dams and the development
OF water powers upon such terms as it
may require.
One OF the most important propositions
submitted by the minority of the COM
mittee is to be found in the following:
mo franchise should ever be granted
in perpetuity but should be for a def
mite period only. Such period should be
no longer than is required for reasonable
safety of investment" In explanation
Of this recommendation, the committee
says: I'VE recommend that no fran
chise be granted for a longer term than
twenty years with the privilege of con-
tlnuance for two further and successive
ODIlOQ
of the grantee. The state should reserve
the right to readjust lat stated peri0dsD
the compensation to the public. The
purpose of this provision is to give a
sufficiently long period of enjoyment to
the investor under unchanging terms and
conditions. so that the same will attract
and Justify investment III the develop
ment of power and industrial enterprise
connected herewith. The period stated
we believe will give every investor prac-
tically life time in which to get re-
turns on his investment and on the other
hand will leave to future Legislatures
the right to legislate to meet the condi-
lions then existing
Franchises to Revert.
Having, to their mind. established the
doctrine that the state owns the energy
OF the water, Senators Husting and
Afumrey recommend that reasonable
franchise fee should be imposed. because
1t gives a special privilege to the holder.
One of the recommendations made as
We'll as provisions in the bill of interest
to prospective investors in Wisconsin wa
ter power properties and industrial aux
lllarles, is to be found in the following:
AT the expiration or forfeiture of fran.
chIse, all rights exclusive of physical
property should revert to and become the
property of the state i'll trust for all the
people, that at the expiration or forfeit
ure of the franchise, the water power
privilege may be reappropriated with
right of condemnation and sale of all
physical property not removed bv the
old appropriation.
The legal effect of these recommended
tons, should they receive the sanction of
law and be upheld by the courts would
be to unsettle any existing doctrine under
which riparian owners now operate If
is departure from policies continuing in
WISCONSIN, q
for a dam was first granted and an an
solute attempt through legislation to es-
tablish socialism as it not only applies
TO the conhscatory rights of the state. but
In the fact Of state ownership and the
operation of industries.
Minority's Theory of Sovereignty.
Senators Husting and Krumrey base
their plan upon the theory that because
the applicant for a dam franchise on
nayigable streams is compelled to go to
the Legislature for permit or fran
chlSe, the state and not the riparian
owners, is the actual possessor and hold
er OF rights, without limitation. The
doctrine sought to be established is taken
from theory obtaining in English law
relating to the sovereignty of the crown
and in part, finds an application under
the Canadian laws relating to crown
lands. In practically all franchises
granted Dy tne w lScOnSln LeglSla ture.
the right to amend or repeal is reserved
and in many instances, other limitations
are imposed. This it is assumed under
the plan proposed, gives the state IN
limited powers to prescribe all the ele-
mentS of ownership and control over
any water power existing in Wisconsin
heretofore exercised by Individual owners
and not included in the rights Of the
public as they relate to navigation or
fisheries.
G. E. WANDER COOK.