Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

pany. shall lay before the railroad COM
mission Of Wisconsin q statement show
ing all expenditures made or necessary to
be made for the six months period next
preceding July first and January first, re-
spectively, Of each year for maintenance
and operation of 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 data obtained from engineers en-
ployed, as provided by section Of this
act and such other information and
statements as said commission shall re-
quire. together with a recommendation
OF the amount of tolls necessary to pay
such cost of maintenance and operation
and net return of six per cent per an
mum on the capital invested, and q rec
ommendation as to the apportionment
thereof against the owners or operators OF
improved powers in accordance with Sec
ton of this act. The railroad commits
power operator, proposed to be charged
with tolls, ten days notice by mail or
the amount Of tolls recommended to be
charged against him and of the time
commission will hear objections to the
proposed tolls The railroad commission
shall 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 practicable,
on or about July first and January first
or each year. determine and certify the
amount Of tolls to be collected from each
water-power operator for the period un-
der consideration, and such tolls shall
thereupon be due and payable to the Wolf
| River Improvement Company.
2. The Wolf River Improvement Com
| pany or any person in interest, being dis
| satisfied with any order of the commission
authorized to- be made by this act, may
~ M n in he n
the county where the property affected is
| located, against the commission as de-
| PENDANT, to vacate and set aside any such
order. within sixty days from the date of
! the mailing to such corporation or person
| Of copy of such order by the commits
| sion, on the ground that such order Is
unlawful or unreasonable, in which case
the complaint shall be served with the
! summons. The commission shall fmme-
| diately notify the Wolf River Improve
| ment Company by mail Of the service of
! said summons and complaint in case the
| summons and complaint are served by
| water power operator, and in case the
| summons and complaint are served by the
| Wolf River Improvement Company, the
! commission shall Immediately notify the
| water power operator or operators inter-
| ested in said action by mail, Of the service
! of said summons and complaint. Within
| twenty days after the mailing Of such
notice. the corporation or person inter-
ested. or said commission, shall file its
|
shall be at issue and stand ready for trial
| the same as any other action.
3. In all trials under this section the
| burden of proof shall be upon the plain
| tiff to show by clear and satisfactory
evidence that the order of the commission
| complained of is unlawful or unreason-
able, as the case may be Every party
to said action within sixty days after the
service of copy Of the order or judg-
ment Of the circuit court may appeal
| therefrOm to the supreme court
| 4. No tolls shall be levied or used to
pay for any part of the original con-
reservoir system. The amount of such
| tolls shall be lien upon the water power,
dam, franchises, and lowage rights of
the person or corporation chargeable
with such tolls and in case such tolls
shall not be paid when due the person or
/ corporation entitled to collect the same
shall be entitled to sue and collect the
/ same, by an action at law, or by suit
ment of said lien and for the sale of the
property affected thereby pursuant to
such judgment of foreclosure.
Section g. /. No dam now in exis-
tence. or lands or fowage rights neces-
sary for it's maintenance and operation,
| owned by the owner of such dam, shall
| be purchased or operated by said Wolf
! River improvement Company until the
railroad commission of Wisconsin shall
estimate and appraise the value thereof
and the appraised value so established
| shall be the true value thereof; and, in
| purchasing or acquiring such dam, lands,
and flowage rights, the purchase price
thereof shall in no case exceed the ap-
! praised value so placed upon said prop
/ erty by said railroad commission. No
dam or reservoir not now in existence or
heretofore authorized shall be construct
! ed or created until the plans therefor,
showing the form and location of the dam
| and the description of the lands to be
overlooked thereby, shall have been sub
mitted to the railroad commission OF Wis
| consin and approved thereby, after first
| having estimated and appraised the value
! of all lands required for the purposes Of
such dam and Of lands to be overfiowed
by means thereof; and said railroad COM
| mission may require the state forester to
! assist it in ascertaining and determining
! the value of any such lands When the
right to overflow any such lands which
| said railroad commission may deem
necessary to overflow in carrying out the
purposes of this act cannot be purchased
| or procured from the owner or owners
thereof for the appraised value thereof as
| determined by said railroad commission,
said Wolf River Improvement Company
| shall institute proceedings to procure
such right by the exercise of the power
of eminent domain under and in pursu-
ance of sections 1777a to 1777d, inclu-
sive, of the statutes. Such railroad
commission shall cause the height to
which the water may be raised by any
dam to be indicated by permanent
monuments ana D6nCn marks, ana Snail
have supervision and control Of the time
and extent Of the drawing of water from
the reservoirs, and the power to COM
pei the maintenance of all reservoirs es-
tabIished. They shall have power to en-
ploy at the expense Of said improve
ment company hydraulic engineers and
other persons to assist them in obtaining
information necessary to a proper dis
! charge Of their duties, such expense to be
treated as part of the cost of construc-
ton or maintenance and operation Of the
reservoir system.
e. No capital stock Of said Improvement
company shall be issued until the proposed
issue thereof shall have been submitted
to the railroad commission Of Wisconsin
an dsaid commission shall have ascer-
tanned, determined, and certified that the
proposed issue will be in consideration
Of money or labor or property estimated
at it's true money value actually received
by said company, equal to the par value
thereof and it shall be the duty of said
commission to act promptly on any such
proposition submitted. The money re-
ceived by said company upon account of
capital stock shall be used only in pay
1nent of the original cost of purchase,
construction, or betterment of the reser
voir system and of the work preliminary
thereto and necessary to prepare for or
determine upon the same; and all tolls