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

Section 1868 Every license, per-
NIT, or. franchise authorizing the erection
and maintenance of any dam in or across
any navigable stream, heretofore grant
ed and which by the terms thereof OF
otherWlse is subject to repeal, is hereby
repealed such repeal to take effect anu
be in force six months after the pass
age and publication of this act.
Section 1596-24 l. Any person. firm
corporation, or municipality owning any
franchise, license or permit from the state
heretofore granted authorizing the main
tanning of any dam or other improvements
pursuant to such franchise, license, or
1596-23, desiring to obtain authority to
continue the maintenance and operation
of such dam and other improvements,
shall, at any time within one year after
the passage and publication hereof, file
written application with the railroad
commission for a franchise granting such
authority. Such application shall state
the value of all lands used and useful and
necessary for use in the maintenance of
such dam and other improvements, and q
general description of such dam and 9TH
er improvements, and the amount of by
draulic power created thereby; provided
that nothing in this act shall be construed
as authorizing a leasee or anyone claim
ing under the grantee of franchise, IL
CenSe, or permit, other than an assignee,
trustee, or receiver thereof, to become
ar applicant under this section.
2. Upon the filing of such written APP
plication authority Is hereby conferred
upon such applicant to continue the
maintenance of such dam and improve
mentS TO rthe purpose or purposes Speci-
fled in the franchise, license, or improve
ments for the purpose or purposes specl-
fled in the franchise, license, or permit
granting authority to construct and main
tain the same, and a franchise therefor,
subject to all the terms, conditions, and
provisions of this act, is hereby granted
to such applicant The railroad commits
sion shall issue to such applicant a certi-
ticate evidencing the authority hereby
pN inf "a
commission may in the interest of the
public rights in navigable waters and of
the public safety and welfare order and
require that any such dam or other i'm
provements shall be strengthened and put
in good repair, and compliance with such
order and requirement shall be condl-
ton precedent to the right to maintain
and operate such dam and improvements
under the franchise hereby granted and
provided, further, that authority TO con-
tinue the maintenance of any dam or oth-
er improvements erected and malntalncd
under any franchise, license or permit
forfeited and terminated, or fOrfeitable
under section 1880 of the statutes, or
for nOn-user or misuser or for any other
reason, or under any other law Of this
state, shall not be granted under the pro-
visions of this section.
3. If any person. firm, corporation, or
municipality owning any franchise, Ii
cense, or permit from the state hereto
| fore granted authorizing the maintaining
! of any dam or other Improvements pur-
| SlldnC TO SuCn FRANCHISE, license CI pCI-
nit repealed by section 1596-23, and not
| coming within the provisions OF sub
| section 2 of this section, desires 10 OBTAIN
| authority TO maintain such dam or other
| improvements under a franchise granting
authority to maintain the same for a puf-
| pose other than or additional to that
| specified in the franchise, license, or per
nit so repealed, and if such other or ad-
| ditional purpose is purpose for Whlch
| franchise may be granted under this act,
such person, firm, corporation, or mum
| cipality shall make application therefor
! as provided in section 1855, ana q IRAN
| chise containing all the terms, conditions,
| and provisions of this act may be granted
| as is provided in sections 1865 TO 1895
! -2c both inclusive, hereof, and the rail-
| road commission shall issue to any appll-
| cant obtaining a franchise hereunder
| certificate evidencing the authority there
| by conferred.
| corporation, or municipality, owning any
| franchise, license, or permit from the
state heretObefore granted authorlllns
the maintaining of any dam or other M
| proVementS in or across any n2VlgaDic
| waters of this state under such fran
/ chise, license, or permit repealed as pro
vided in section 1868, fails to apply
for a franchise as provided in section
| 1596-24 and within the time therein spe-
! cited, a franchise embedding all the terms,
conditions, and provisions OF this act,
and authorizing the maintenance 81 such
| dam and other improvements, may be ap-
| piled for and granted as provided IN sec
| ton 1865 to 1862, both inclusive,
| of this act, to any person, firm, corpor-
Section 1866. l. On and after the
| day on which the repeal OF any Such
franchise, license, or permit taxes elL?ct'
no person, firm, corporation, or muIlcl-
pality shall exercise or attempt to eXer-
! else any powers, rights, or privileges I'M
| der such franchise, license, or permit.
2. Any person, firm or go, ctorpora ation
shall forfeit for each such offense and
| for each day of such violation, the sum
of fifty dollars, the same to be collected
| in an appropriate action by the State, an1
| any exercise or attempted exercise OF
| any powers, rights, or privileges under
any such repealed franchise may be en-
| Joined at the suit of the state or any
| citizen thereof o,.
granted under this act shall be forfeited or
| otherwise terminated before the eNplta-
ton thereof, the right to Gonti1 rde. t the
uneXpired term shall be subject TO pc
applied for. The manner Of applying for
| and of obtaining a franchise to continue
such imPoyem9en 1T f Tha 9e governed 0S
2. At the expiration of any FRANCHISE
granted under the provisions or TINS act
the right to continue the improYemeht
thereby authorized shall be subject to be
applied for. The manner Of applying Tor
and of obtaining a franchise to continue
such Improvement shall be governed by
sections 1855 anu ny IoSo-0 W A""'
% both inclusive, Of this act
Section 1865. 1. At the termIna-
ton of any franchise, granted under the
provisions ofthis act, or Of any. franchise,
license, or permit granted prior to the
massage and publication of this act auth.
0rizing the erection and maintenance OF
any dam and other improvements In or
across any navigable waters, by eXplra-
ton, forfeiture, repeal, or otherwise tne
improvements erected, maintained, held
and enjoyed, and used and useful in con-
nection with the Improvement authorized
bv such franchise, license, or permit may
be taken by any appropriation authorlzed
to maintain such dam and other I'M
provements under the provisions OF TINS
act, and said appropriation is authorized
and empowered to acquire, by ana
empowered to acquire, by and through
condemnation proceedings under the pow
or of eminent domain, in the manner pro-
vided in section 1596--46 of this act and
to hold title to all such improvements
2. Provided that in contemplation pro
ceedings under this section the retiring
appropriation in accepting the Franchise,
thereto granted to each appropriation SHAH
he deemed to have agreed that any sue
ceeding appropriation may acquire al
lands and improvements acquired, erect
ed. and maintained. or used or useful I'M
der the franchise Of said retiring appro-
priator, by paying just compensation
AI1nA to 1nf nrY n