Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

shall be paid 81 the owner or owners Of the water
provided which shall ss operated two months or more
during any six monthss toll period. shall be subject
no tolls for that period shall b. charseable
Section s. 4 On or before June fifteenth and
proFcment Company shall lay before the railroad
mission OF Wisconsin statement showing all exDen7
diturss mace or necessary to be made for the six
months period next preceding July first and January
nrst respectively. Of each for maintenance and
operation such reservoir 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
b section Of this act and such other information
and statements as said commission shall require to-
eetner VI p Recommendation q me amount Of TONS
necessary to pay such ccst OF maintenance and opera
ton and q net return Of six per cent per annum
the capita invested. and Recommendation as to the
superintendent thereof against the owners or operators
Of improved powers In accordance with section Of
this act The railroad commission shall, thereupon
give to each water power operator. proposed to be
charged with tell, ten days notice By mail Of the
amount o. tolls RECOMMENDED to be charged against
him and of the time when and the place where the
railroad commission will hear objections TO the pro-
posed tolls. The railroad commission shall at the
time and place appointed hear ali objections made
and may take c7fdcnce and make to be
mace independent Investigation Of the validity Of the
same, and may adjourn. from time to time, and shall
as soon as practicable on about Ju y first and
January FIRST Of each determine and certify the
amount Of tells 10 be col ected from each
operator for the period under consideration. and such
tolls shall thercpon be due and payable 10 the Wolf
River Improvement Company.
person in interest being dissatisfied with order
Ct the commission authorized to be made by this act
may commence an action in the circuit court q the
county where the property affected Is located against
the commission defendant to vacate and SCI aside
any such order. within sixty days from the date Of
the mailing to surh corporation person Of copy
of sIch order by the commission, the ground that
such or,cr Is unlawful unreasonable in which case
the comp. aint shall be served with the summons
The commission shall iTnfnedia ely notify the Wolf
River Improvement Company by mail of the service of
said summons and complaint In the summons and
rHDn arm In q nrrF0 for
and In case the summons and complaint served
BY the Welt River improvement Company. the commits
sien shall Immediately notify the water-power cper-
ato operators ineres ed In said action ly mail
o. the service Of said summons and complaint. Within
twenty days after the mailing Of such notice the
corporation or person Interested CT said commission
sa file It's answer to said complaint and said action
shall be a. Issue and stand ready for trial the same
as any other action
g. IN ali trials under this section the burden u
proof shall be the plaintiff to show by clear and
satisfactory evidence that the order Of the commits
sion complained of is unlawful and unreasonable,
the case may be, Every party to said action within
sixty days after the service Of copy OF the order
OF judgment q the circuit court appeal therefrom
to tho supreme court
T. No tolls shall be levied or used to pay for any
frttermtnt of the reservoir system. The amount of
such tolls shall be len upon the water power dam
franchises and fowage rights Of the person cor
poraticn chafgcable with such tolls and In such
tes shall not be paid when due the person or cor
poraticn emitted to collect the shall be entitled
TO sue and collect the by action at law or
by suit in equity fer the foreclosure and enforce
affected thereby pursuant to such judgment Of lore
closure.
section 8. l. No dam now in exis ence or lands
or fdwage rights necessary for its maintenance and
operation owned by the OF such dam shall be
purchased or operated BY said Wolf RIVER Improve
ncn Company Until the railroad commission of Wis
coisn aha estimate and appraise the value thereof
and the appraised value established shall be the
true valae thereof and In purchasing or acquiring
such dam. lands and 1owaee RICH s, the purchase
price thereof shall in exceed the appraised
value placed said property by said railroad
IT,
heretofore authorized shall be constructed or
created until the plans therefor showing the form and
location Of the dam and the description Of the lands
10 be oycrfowed thereby shall have been submitted
TO the railroad commission Wisconsin and approved
thereby after rst having estimated and appraised the
value Of all lands required for the purposes OF such
dam and Of lands to be overiowed by means thereof;
and said Railroad commission may require the state
forester to assist II in ascer aiming and determining
the value OF any such lands. When the right TO
flow any such lands which said railroad commission
purposes Of this act eanot be purchased procured
from the owner or owners thereof for tho appraised
value thereof as de crmined by said railroad commits
sion. said Wolf River Improvement Company shall in
stitute proceedings procure such right by the
eiss of the power of eminent domain under and in
OF sections 1777a 1777d inclusive, Of the
statutes. Such railroad commission shall the
height to which The water may be raised by any dam
to be indicated BY pcrmanf monuments and beach
marks and shall have supervision and control Of the
time and extent Of the drawing Of water from the
reservoirs and the power to compel the maintenance
Of all reservoirs established They shall have power
Q employ at the expense Of said improvement COM
them in obtaining information necessary to proper
discharge OF their duties such expense to be treated
part Of the cost OF construction maintenance
and operation CT the reservoir system.
Q. No capital stock Of said improvement company |
shah be issued until the proposed Issue thereof shall
Wisconsin and said commission shall have ascertAined
determined and certified that the proposed issue will
be in Consideration of money or labor or property
csimatcd at true money value actually received
by said company. equal to the par value thereof |
and 1t shall be the duty Of said commission to act
ftn1
money received by said company upon account OF |
capital stock shall be used only in payment Of the
original cost of purchase construction beterment
If the reservoir system and OF the work preliminary
thereto and necessary to prepare for or determine upon
authorized shall be applied only to the payment OF
Of maintenance and operation OF the system and
payment Of the net return on capital above provided
for 70 the end that the capital stock shall b main
taincd OF par value at all times
Section Z. All dams erected acquired and main |
tained By the grantee shall be subject to al the
duiremcrts Of the statutes in effect and all that
be hereafter enacted relating to the providing OF
gecd and sufficient hshways In said dams. shall be
booms and piers fer the passage Of logs and timber
through the same.
Section s. It shall be competent to corporation
owning leasing water power said Wolf and lower I
Fox rivers to take and hold stock Of such Wolf River
Section D. This act is hereby declared 70 b I
public act and for the accomplishment Of public pur-
poses, and shall be fayorably construed to the
pIisfment Of said purposes
Section TO- The right is hereby reserved to the
legislature TO repeal or amend this act at any time
in the Wolf River Improvements Company shall I
not by the first day Of January 1917 have in opera
ton reservoirs OF storage capacity Of at least two
billion cubic feet Of water, then the rights and I
privileges granted BY this shall The state
of Wisconsin shall have the right at any time, when
ever may have the constitutional power to take t
itself and become owner Of all reservoirs and
other works and properly acquired By the Wolf River
Improvement Company pursuant to this act b. pay
ing therefor the cash capital actually paid on the
capital stock Of said company heretofore lawfully
issued and outstanding the actual value Of the
physical properties taken over and without any
allowance for franchises goodwill Of the business
such actual value to be determined BY the railroad
OF Wisconsin
section H. Nothing contained in this act shall be
construed to divest release any right title |
interest possessed held BY the state Of wisconsin
that has been acquired by the state may Be &C.
qured under by virtue Of any law Of the United
States.
Section IL. Provided that the stats On assuming
ownership shall have the right assess not TO ex-
cced ten per cent or the additional annual value
section 10. This act shall taks eject and b IN
force from and afser Its passage and publication
Approved July a. 1918.
No. 798, Al Published July a. 1918.
CHAPTER ESQ, LAWS or 1918.
AN ACT To amend sections z3scd and 4ssce and 70
create section 439cf OF the statutes. relating To