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

dles granted to river Improvement COM
panies by section 1777 Of the statutes,
and all amendments thereof, including
the right Of lien therein provided for,
and shall be charged with all the duties
and obligations imposed upon such river
Improvement companies under like GER
cumstances.
g. When said Chippewa and Flambeau
Improvement Company shall have created
or acquired and maintained in successful
operation water reservoirs in accordance
with this act, Of q capacity sufficient to
store up in times of abundance and re-
tain and discharge in times Of scarcity
one billion five hundred million cubic feet
OF water. that would not be stored up
and retained by nature, it shall, subject
to the supervision and control herein
after provided for, be entitled to charge,
collect and receive reasonable and uni
form tolls from the owner or owners, or
lessee or lesSees of each and every i'm
proved and operated water power located
upon the said Chippewa or Fiambeau
river, or any tributary of either of said
rivers below any of said reservoirs, the
actual use and operation of which is
benefited thereby, but not exceeding in
the aggregate Of all its revenues sufficient
and maintenance and net annual re-
turn Of six per cent on the cash capital
actually paid in on the stock subscrip-
tons to the grantee.
8. Said tolls shall be seni-annually
fixed, ascertained, and determined by the
railroad commission of Wisconsin on or
about the first day of July and the first
day Of January of each year, for the six
months period preceding each Of said
dates. Said tolls shall be fixed in pro-
portion to the benefits conferred by the
reservoir system upon the actual use and
operation Of each of the improved and
operated Water-powers aforesaid. 1t shall
be the duty of the grantee to employ
component hydraulic engineers to be
selected by the railroad commission of
Wisconsin to assist in determining the
tolls to be charged as aforesaid and the
expense thereof shall be treated as
part Of the cost of maintenance and
operation of said works. If any such i'm
proved waterpower be operated by
lessee or lessees under lease or contract
made prior to the enactment and publi-
cation of this act, then said lessee or
lessees shall be chargeable with the pay
ment os such tolls; otherwise the same
shall be paid by the owner or owners Of
the water power. Each Water-poWer
liable to tolls as above provided which
shall be operated two months or more
during any six months toll period, shall
be subject to tolls for the whole of the
same period; otherwise no tolls for that
period shall be chargeable.
Section 5. I. On or before June 18th
and December 18th of each year, said
Chippewa and Flambeau Improvement
company shall lay before the railroad
showing all expenditures made or neces-
sary to be made for the six months
period next preceding July 1st and Jan
tdfy ISL, respectively, Oh CSiGQ year 4OI
maintenance and operation of such res
ervoir system, all capital stock of said
company issued and then outstanding
the cash capital actually paid In, the
storage capacity and location of each
reservoir, and all reports and data OBJ
tanned from engineer employed, as pro-
vided by section four of this act, and
such other information and statements
as said commission shall require to-
gether with a recommendation Of the
amount of tolls necessary to pay such
cost Of maintenance and operation ana
net return of six per cent per annum
on the capital invested and q recOmmen-
dation as to the apportiOnment thereon
against the owners or operators Of I'M
proved powers in accordance with sec"
ton four of this act. The railroad COM
mission shall, thereupOn, give to each
water-pOwer operator, proposed to be
charged with tolls, ten. days notice by
mail of the amount of tolls recommend-
ed to be charged against him and OF the
time when the place where the railroad
commission viii hear objections to the
proposed tolls. The railroad commission
| shah at the time and place appointed
hear all objections made and may take
evidence and make or cause to be made
independent Investigation Of the validity
Of the same, and may adjourn, from
time to time, and shall, as soon as prac-
ticab on or about July 1St ana Janu~
arv LIST Of each year, determine and
certify the amount of tolls to be coHected
from each water-poWer operator Tor the
period under consideration, and such
shall thereupon he due and payable to
the Chippewa and Flambeau Improve
ment Company.
8. Any person In interest, being dis
satisfied with any order OF the conlfnlst-
sion authorized to be made by this act,
NAV commence an action in the circuit
| court Of the county where the property
/ affected is located, against the c0mmlS--
aside any such order within sixty days
! from the date Of the mailing to such per-
son Of q copy OF such order by the com
mission, on the ground that such ordeF
is unlawful or unreasonable, in Whlcn
| case the complaint shah be served with
the summons The commission SHAH I'M
mediately notify the said Chippewa and
F1ambeau improvement Company ny
| mail of the service of such complaint:
| Within twenty days after the ma|r0g OF
such notice to said company, the sald
| company or said commission shah file its
| answer to said complaint and said action
| shall be at issue and stand ready Tor
trial the same as any other action
4 In all trials under this section the
! burden Of proof shall be upon the pIaln-
| tiff to show by clear and satisfactory
! evidence that the order of the commits
| sion complained Of is unlawful Or I'M
reasonable as the case may be. EIery
party to said action within slEty Gays
after the service of copy OF the ofder
or Judgment Of the circuit court may
appoal therefrom to the supreme court.
& No tolls shall be levied or used 10
nav for any part OF the "i iSiii'*l tNil a
struction or purchase or bettefment OF
the reservoir system. The amount OF
such tolls shall be q lien upon the water
power, dam, franchises, and floWaee
rights of the person :, or cofpofatlo On
chargeabe with such tolls and in case use
such tolls shall not be paid when Que
the person or corporation entitled to col
lect the same shall be entitled TO sue
and collect the same, by an ACTON al
law, or by a suit in equity for the fore
closure and enforcement Of said lien and and
for the sale Of the property affected
thereby pursuant to such Judgment OF
foreclosure.
Section 6. /. No dam now in eXis-
tence or lands Of flOWage rights neceS-
sary for it's maintenance ana operation,
owned by the owner of such dam, Shali
he purchased or operated by SAID emp
neWa and Flambeau Improvement Com
pany until the railroad commission OF
| Wisconsin shall estimate and appralse
the value thereof; and the appraised
value thereof; and the appraised value
so established shall be the true Vaiue
thereof; and, in purchasing or acquiring
such dam, lands, and tioWage rights, inc
purchase price thereof shall In no case
exceed the appraised value SO. placed up
an said property by said railroad com
mission, No dam or reservoir not now
in existence or heretofore authorlzed
shall be constructed or created until the
Mans therefor, showing the form and To-
cation of the dam and the description OF
the lands to be overtloWed thereby, shaIl