Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

that the same will result in the efficient
development thereof, tho railroad COM
mission shall SO find, and the applicant
is authorized to make such Improvement.
and franchise therefor is hereby granted
to such applicant. The railroad commits
sion shall thereupon make and issue an
order based upon and containing such
findings and shall issue to such applicant
a certificate evidencing the authority
hereby conferred.
q The railroad commission shall also,
upon the conclusion Of such hearing,
from the testimony taken thereat and the
facts ascertained by the examination and
investigation OF the proposed improve
ment and in the manner provided in
section 1866 of this act, find the fran
chise value Of a horse power land shall
also find the value, apart from and ex-
Guiding any value due to any present or
prospective franchise, of all lands taken,
held, or acquired, or to be taken, held,
or acquired under the franchise and ne
cessary in making or maintaining or to
make and maintain the proposed i'm
provements, and shall issue to such ap-
pllcant an order containing such find
ingS.
Section 1868. If upon the conclu-
sion OF such hearing and after con-
sideration Of the facts ascertained by
the examination and investigation pro-
vded for in section 1865 of this act, it
shall appear that the proposed improve
ment will not result in the Improvement
of navigation of the waters sought to be
improved, or that all dams and other i'm
proVementS as proposed to be constructed
and maintained, will not be adequate
to conserve promote and protect all pub
lie rights in such waters or will endanger
the life, health, or property of the pub
lie, that the interests of the public will
not be better served by the construction,
maintenance, and operation of such I'M
prOVement than by any other, and, if 1t
is proposed to develop hydraulic power In
connection with such Improvement, that
the same will not result in the efficient
development thereof, the railroad com
mission shall so find, and the applicant is
hereby denied authority to make such
improvement, and the railroad commits
sion shall refuse to grant a certificate Of
authority and shall issue an order to that
effect and shall make such refusal mat
ter of record In the proceedings, stating
their reasons for such refusal and shall
give the applicant copy thereof. Ii
said certificate is refused no further pro-
ceedings shall be had before said rail-
road commission in the matter, but the
application may be renewed after two
years from the date of such refusal.
Section 1596-14. Any order or orders
made upon any finding by the railroad
commission pursuant to section 1862
or 1596--13 of this act shall be in force
and shall be prima facie lawful and rea-
sOnable until finally found otherwise IN
an action brought for such purpose pur.
suant to the provisions of section 1865
of this act and in all actions under said
section the burden of proof shall be up
on the plaintiff to show by clear and sat
isfactory evidence that the order or
orders of the railroad commission COM
planned of are unlawful, or unreason-
able, as the case may be.
Section 1596-15. l. Any person, firm,
corporation, or municipality in interest,
being dissatisfied with any order OF the
railroad commission made upon any find
ing Of the commission pursuant to section
1862 or section 1868 OF this act,
may commence an action in the circuit
court for Dane county against the COM
mission as defendant to vacate and set
aside any such order on the ground that
the same is unlawful or unreasonable IN
which action the complaint snail be serV-
cd with the summons
2. The answer of the railroad commits
sion to the complaint shall be served
and filed within ten days after service
Of the complaint, Whereupon said action
shall be at issue and stand ready tor
trial upon ten days notice to either party,
3. All such actions shall have pre-
cedence over any civil cause OF a dlIfer-
ent nature pending IN sucn court, ana ana
the circuit court shall always be deemed
open for trial thereof, and the same
shall be tried and determined as are
4. No Injunction shall issue suspend
ing or staying any order of the commits
sion, except upon application to the cir
cult court or presiding judge thereon,
notice to the commission and hearing o, -
Section 1906, /, If, upon the trial OF
such action, evidence shall be introduced
by the plaintiff which is found by the
court to be different from that offered
1pOn the hearing before the railroad com
mission, or additional thereto, the court
before proceeding to render Judgment un
less the parties to such action StlpulatG
in writing to the contrary, shaIl trans
road commission and shall stay further
proceedings in said action for htteen
DAYS from the date of such transmission
2. Upon receipt Of such evidence
the railroad commission shan G1n-
amend, or rescind the order or orQerS
complained Of in said action, ana small
report it's action thereon to SAID court
within ten days from the receipt OF sucn
Section 1867. If the railroad com
mission shall rescind the order or Or Or
ders complained of, the action shaH De
dismissed; if it shall alter, MODIFY, or
amend the same, such altered, m0dlhed,
or amended order or orders shall take
thn Mace of the original order or orders
complained Of, and Judgment shaH pc
rendered thereupon as thougn 1aaue ~
the railroad commission in the hrst IN
3 # the original order or orders shall
not be rescinded or changed by the rah-
road commission judgment shan oe 5ore
dered upon such original order or orders;
Section 1596-18.-Either party to sald
action, within sixty days after service OF
a copy of the order or judgment OF tne
circuit court, may appeal 10 lily PIP 81 -
court. Where an appeal is taken me
cause shall, on the return of the papers 10
fhe supreme court, be Immediately placed
On the state calendar of the then pendlnS
term and shall be assigned and brouShI
to a hearing in the same manner DIS
other causes on the state calendar
Section 1868. In all actions btougnI
n1Irsuant to section 1866 OF TINS acC,
All processes shall be served ana the
nracfice and rules of evidence shall be the
same as in civil actions, except as other
wise herein provided. Every sherln or
other officer empowered to execute cIyll
processes shall execute any such process
and shall receive such compensation
therefor as may be prescribed by law Aor
Section 1596-2O. Upon receiving an Or
der from the railroad commission, as pro
Vided in section 1862 of this act, the
appropriation shall, before (commenaSCllIs
any work of construction thereby auCnol.
led submit to the railroad commission
. connlete map and profile on the scale OF
not less than one inch per th0usand teet
showing the lands that may be attecteo
bv the erection and maintenance OF any
dam in connection with the proposed I'M
movement. or by any flowage that may
be- caused thereby, and the outline OF
sIJch foWage and such other hydro-
granhic and topographic data as the
Commission may prescribe, and shall also
file complete detailed plans and specln-
cation for any dam or other improve
n9enfs nr0nosed to be constructed.