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

ton. 1797m-so to 17s7m-se. both in
| elusive, of the statutes, shall, in SO far
| as applicable, govern and be followed.
3. Any appropriation by the acceptance
of franchise granted under the provi-
stons Of this act shall be deemed, by the
acceptance thereof, to have agreed that
any municipality or the state may acquire
all dams and improvements acquired,
erected, ana maintained, or USED or use
ful under the franchise of said appropri-
ator by paying just compensation there
Tor, and that in determining such just
! compensation no allowance shall be made
| &c such appropriation for any increase in
| the value of any lands acquired or uesd
| or useful under such franchise, over and
I above the value Of such lands at the
! time of the granting of such franchise,
if the same We're previously acquired o.
at the time of acquisition, II the same
| were acquired subsequent to the grant
Ing of such franchise, and no allowance
shall be made for such franchise or any
rights or privileges included therein.
Section 1596-43 Any franchise grant
Cd pursuant to the provisions of this ACT
shall be null and void unless the improve
ment therby authorized be completed
within three years from the time when
such franchise becomes effective and in
! force. The railroad commission may,
extend such time for an additional two
years. Provided that no extention OF
! time shall be granted unless it be shown
that least one-third Of the work Of con on
|
been completed at the time of making
application for such extension.
Section 1596-44, After such dam and
other improvements are completed the
same shall be maintained and operated
| for at least one-half the time during each
| six year period throughout the duration
! of the franchise authorizing the same,
and the failure to maintain and operate
the same continuously. for a period OF
! three years shall constitute an abandon
| ment and surrender Of the franchise, I'M
| ,+ov1r ION
prevented by the act Of God or the public
| enemy.
Section 1596-45 The provisions OF
| this act shall apply to all franchises
the navigation of any navigable waters
| lying between this and an adjoining state,
provided that the franchise fee provided
for in section 1865 of this act shall
| be computed upon fifty per cent Of the
! horse power developed and utilized under
| the franchise granted from this and the
adjoining state.
| Section 1596-48 /. Every appropriation
shall. for the purpose of taking or flow
| ing any lands or property for any i'm
| provement authorized by any franchise
granted under this act be subject to all
! the provisions, remedies, and liabilities,
and Shall be entitled to all the benefits,
| privileges, remedies, and provisions OF
Chapter JAG of the statutes, which are
applicable and not inconsistent with this
act, but nothing contained in this sec
ton shall be taken to preclude said APP
proprietor from acquiring title to or the
right to use any and all such lands OF
property by purchase, lease, license OF
QUESTION of title by act of parties.
2. Also for the purpose Of acquiring the
necessary lands or easements or prlVlI-
| eyes in lands, so that the complete i'm
provement under this act and any fran
chise granted hereunder may be carried
out, such appropriation shall enjoy the
rights granted to and conferred upon cor
por;atifons Of SECTIONS f6a MS 1+ to 1e oo'0
Section 1596-47. l. The improvement
Of the navigation Of all navigable. waters
of this state, and the construction ana
this act. shall be under the Supervisor
of the railroad commission. Such rail
road commission or any member Thereof
or any person appointed by said railroad
commission for such purpose, shall, dur
ing the construction thereof and at al
! times have free access to any and al
parts of the premises, structures, anc
| works necessary and constructed anc
| maintained in connection with such i'm
| provement.
2. The railroad commission shall have
power to regulate and control the IeVe
| and flow Of water In all navigable waters
| In this state and may order and require
monuments or benchmarks to be erected
| or may erect monuments or benchmarks
| upon which shall be designated the maxi
mum and minimum level Of water thai
may be maintained under any, franchise OF
in any navigable waters of the state.
Section 1696-48. For the purpose OF
aiding and protecting navigation and Qtn-
er public rights in any navlgable waters
| Of this state, any dam authorized to be
constructed and maintained in or across
such waters, shall be constructed anc
maintained under the following proVl-
| sions:
a. When required by the railroad com
! mission every such dam shall be pro
vided with suitable slides and chutes fol
and such slides and chutes shall at al
time be kept In good repair.
| (2) II the water in or across which any
such dam Is constructed and maintained
or for pleasure. boats and crafts, ever!
such dam shall. when required ny the
railroad commission, be equipped and
With 9ck} R0d2 tRes Of aF s2
and construction to be approved by the
railroad commission. Such lock, boat
hoist, marine railway, or other efficient
device when constructed shall at all tunes
be maintained in good repair and work
735 When required by the railroad
commission every dam shall be provided
with a good and sufficient fishWay, am
said fishway when constructed shall at al
| times be kept III good repair and open fo1
the free and easy descent and ascent O
(4) When required by the railroad com
mission every such dam shall be equipped
and maintained with spillways or floot
gates capable Of permitting the passage
through or over the same Of any or al
floods during freshets and during al
| seasons of the year.
(5) Subject to the approval of thu
railroad commission, there shall be erect
cd and maintained by the owner thereon
two permanent monuments at every. sucl
dam marking the minimum and maX1mun
heights to which the head Of water ma!
be maintained in accordance with thu
franchise.
ance Of any franchise granted pursuan
to the provisions of this act, the appro
priator shall keep and maintain ali i'm
provqments In good repair and CONDITION
and shall not wlful1y or otherwise lnJur
or destroy the same or any material par
thereof
: ment. maintained under a franchis
grant pursuant to the provisions of thl
act shall be owned leased trusteed, pos
sessed, or controlled by any device per
; manentIy, temporarily, directly, Indirect
w, tacitly, or in any manner whatsoeYc
so that the same form part Of or in an
way affect any combination, or shall b
in any wise controlled by any combinatlo
= in the form Of an unlawful trust, or forr
the subject Of any contract or conSplrac
to limit the output of any hydraulic pow
t err or electric energy derived theTefrom o
> Il, any manner or degree in restraint O