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

No. 81, 81 Published July 10, 1911.
CHAPTER 652, LAWS OF 1911.
AN ACT to amend section 1896, and to
create section 1596a Of the statutes, re-
tenance OF dams in or across
navigable waters, and to create sec
tons $780, to 15sfa7f, both tn III in :,
to the Granting or Of Franchises au=
thorizing the Improvement of naviga-
ton and the development Of hydraulic
power created by such Improvement,
providing for a franchise fee therefor,
and making an appropriation.
The people Of the State Of Wisconsin
represented in Senate and Assembly,
do enact as follows:
Section l. Section 1895 of the statutes 3
is amended to read: Section 1895. l: All
rivers and streams which have been
meandered and returned as naVlgable by
the surveyors employed by the govern
ment of the United States and all rivers
and streams, meandered or non meand-
cred which are navigable In fact for
any purpose whatsoever, are hereby de-
clared navigable to the extent
that no dam, bridge, or other obstruction
shall be made in or over the same WITH
out the permission of the legislature; but
this section shall not be construed to
impair the powers granted by law to
towns, counties, or cities to construct
bridges over such rivers and streams.
The consent of this state is hereby given
to the ecQuisition by the United States
Of all lands and appurtenances in this
state which have been or may be. acquir-
ed by the United States for the purpose
of erecting thereon dams, abutments,
locks, lockkeepers' dwellings, chutes, or
other structures necessary or desirable IN
improving the navigation of the rivers
or other waters within and on the bOrd-
ers Of this state, and the United States
may hold, use, and occupy such lands
and other property and exercise eXclu-
sive jurisdiction and control over the
same subject to the right of this state
to have civil and criminal process issued
out of any Of it's courts executed within
and upon said lands.
2. Any dam, bridge or other Obstruc-
ton constructed or maintained In or
over any navigable waters in this state in
violation Of the provisions of this section
is hereby declared to be public nuis-
ance, and the construction of any such
dam, bridge or other obstruction may be
enjoined or it's maintenance abated by
action at the suit of the state or any
citizen thereof.
8. Any person, firm, association of in
dividuals, or corporations violating any
of the provisions of this section shall
forfeit for each such offense, and for
each day that any such dam, bridge, or
other obstruction Is maintained or re-
mains in or over, any such waters the
sum of fifty dollars, the same to be col
lected in an appropriate action to be
brought and prosecuted by the attorney
person in behalf Of the state.
4. It shall be the duty of the railroad
commission to report to the governor any
violation, and the governor shall there
upon cause the attorney general, or some
other person duly authorized by the gov
ernor to act in his stead, to institute pro-
ceedings against the violator as provided
in subsections and of this section ..
Section 2. There are added to the
statutes seventy-seven new sections, to
read: Section 1596a 1. No person, firm,
association Of individuals, corporation or
municipality shall conduct or maintain or
operate or use any dam or other improve
ments in or across any meandered or
non meandered stream in this state, nav
igable in fact for any purpose Whatso-
ever. without having, holding, or OBJ
tanning q franchise from the state auth
orzing the construction or maintenance
and operation or use of such dam or i'm
provements.
2. ANY dam or improvements con-
structed or maintained in or across any
such stream in violation of the provisions
of this section is hereby declared to be
q public nuisance and the construction
Of any such dam or improvements may
the suit Of the state or any citizen there
Of
Section 1861. The use Of navigable
water for power developed under fran
chise granted under the provisions of this
act Is hereby declared to be public use.
Section 1862. Ali energy, developed
or undeveloped of the navigable waters
of this state is subject to the control OF
the state for public good.
Section 1865. The beneficial use and
natural energy of the navigable waters of
this state for all public uses are held by
the state in trust for all of the people.
Section 1596m4 The state expressly res
and control, from time to time as provid-
ed in this act, the use and distribution Of
the power created generated. or devel-
oped under a franchise granted under
the provisions of this act, and to regulate,
manage and control the level and flow
Of water in all navigable waters OF this
state.
Section 1866. 1. The term railroad
commission" as used in this act shall
mean the railroad commission of WiscOn-
sin.
q The term "navigable waters" as
used In this act shall mean all streams
rivers lakes, and connecting waters in
the state of Wisconsin, meandered or
-meandered, which are navigable in
fact for any purpose whatsoever.
8. The term franchise" as used in
this act shall mean a grant of authority