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

pose, or for said purpose and for other
lawful purposes, and the. right to utilize
under the provisions Of this act any
hydraulic power created and developed
by virtue of said improvement.
4. The term applicant as used In
this act shall mean any person, firm.
the railroad commission for a franchise
to be granted as provided in this act.
S. The term appropriation as used In
this act shall mean any person, firm, COR
poration, or municipality, their heirs, exc
cutorS, administrators, successors, as
signs, trustees, or receivers appointed by
any court whatsoever, who have, hold,
der the provisions Of this act.
6. The term improvements" as used
in this act shall include any dam or dams
waters under franchise granted pur-
suant to the provisions of this act for
the Improvement of navigation, together
with all weirs, tunnels. races. fumes,
sluices, pits, locks, chutes, boat HOSTS,
marine railways, fShWayS, and other
structures, machines, and devices neces-
sary or essential for the development of
hydraulic power and for the generation
of mechanical energy or electrical energy,
or both, constructed within or made
part of such dam or dams, and such ma
chimes, connections, regulation and trans
mission devices as may be found by the
railroad commission to be necessary for
the utilization of energy in connection
with the proposed Improvement; and all
reservoir, 1OWdSS, ana OtUCl IlSIItS anu
easements and all lands necessary and
used under such franchise for the main
tenance of such dam or dams and the
structures and devices above enumerated.
Z. The term municipality as used In
this act shall mean any town, village,
city, or county within this state.
Section 1866. Every franchise grant
ed under the provisions of this act shall
be firanted for the purpose Of improving
the navigation of naVigable waters, and
shall include the right to construct and
maintain any dam or improvements
therein for said purpose, or for said pur-
pose and for other lawful purposes, and
shall include the right to utilize under the
terms, conditions and provisions of this
act any hydraulic power created and de-
veloped by virtue of said improvement,
and every such franchise shall cantain
and embrace all the terms, conditions and
provisions Of this act and all innings,
orders, stipulations and rulings of tho
railroad commission made pursuant TO
the provisions of this act.
Section 1867. Any appropriation is
hereby authorized and empowered, sub
iect to the terms, conditions and proVis-
ions of this act, to utilize for any lawful
purpose any hydraulic power created or
developed by virtue of any Improvement
authorized by any franchise.
Section 1855. Any person, firm, cor
poration organized under the laws Of this
state or any municipality desiring to Sc
cure a franchise under this act shall file
with the railroad commission verified
go
clude the following.
ii The name and location Of the wa
tiers sought to be improved.
CD The extent to which the navlga-
ton of such waters will be improved by
the proposed Improvement.
(3] The nature, the scope, and the man.
ner Of making said proposed improve
ment.
"a A description, by metes and bounds,
of the land upon which 1t is proposed to
construct and maintain any dam or oth-
er improvements necessary Tor making
the proposed Improvement, ana the Valus
of such lands.
IS A general description of any dam
proposed to be constructed including the
height thereof as measured from mean mean
low water level, and the average head
OF water proposed to be maintained there
by, and a general statement as to the
material to be used in the construction
of any such dam and other improve
mentS. ,
90 If hydraulic power will be developed
in connection with such improvement, tne
approximate amount of such Development
and the use or uses to which 1t IS pro-
posed to put said power. -.
CD The location of the nearest exist,
ing dam or dams in the waters proposed
to be improved, and whether me salllg 5
will he affected by the construction ana
maintenance of any dam or dams pro-
posed to be constructed and MAINTAIN ca.
60 A general map and prohle on the
scale of not less than one men per lIoa-
sand feet, showing the lands and the
names of the owner or owners ana lile
value thereof, that may pc a1Lecteo Wy
the construction and maintenance OF any
dam in connection with the proposed I'M
movement or by any f1oWage that may
be caused thereby, and approximately the
outline of such f1OWage.
90 Such additional and other pertinent
and relevant information as shall be pre-
scribed by the railroad COMMISSION.
Section 1860. l. Upon receiving Sucn
verified application, the railroad commls-
sion shall forthwith make such eXa1Il llsz
ton and investigation of the proposed
Improvement and the location theFeoi as
shall be necessary, and shaH then set IL
time and place for hearing OF such APP
than six weeks nor more than twelve
weeks from the date Of filing such appn-
cation, and the place shall be at the city
of Madison or at some place IN any cOu1l-
tY where such Improvement or any part
thereof is proposed to be mace II Tue
railroad commission shall find the laICer
more convenient. The railroad commls-
sion shall thereupon give to the appIee
cant a notice of the time an place OF
said hearing, which notice shall be pup
lished by the applicant at least once each
week for six successive weeks preceding
such hearing in one or more newspapers
in each county in which such improve
ment or any part thereof is proposed TO
be made, and satisfactory proof OF such
publication shall be filed by the appH-
cant with said railroad commission
2. II no newspaper shall be published
in any county in which the Improvement
or any part thereof is proposed to be To-
Gated, the publications required by this
act may be made in such manner and at
such places as the railroad commission
shall resignate.
Section 1596-1O. At such hearing, Or
any adjournment thereof the railroad
commission shall carefully consider such
application and shall hear such applicant
in person or by counsel or agents in sup
port thereof and any person, firm or cor
poration or municipality in person or by
counsel or agents in opposition thereto
and upon demand of the applicant or any
person, corporation or municipality, APP
pearing in opposition, take evidence and
testimony orally or by deposition in sup
port Of the application or in opposition
thereto and further shall take such testl-
mOny as is necessary to aid said railroad
commission in finding the franchise value
Of a horse power as defined in section
1868 Of this act, and such testimony
as is necessary to find the value, apart
from and excluding any value due to any
present or prospective franchise, Of all
lands taken, held, or acquired to be talk
en-, held or acquired under the franchise
and necessary in making or maintaining
or to make and maintain the proposed i'm
prOvement.
Section 1861. All provisions of Sec
tons 1797m--1 to 1797m-108, both inclu-
sive, of the statutes, relating to the
SIlbDoenai np of witnesses. the produce