River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-07-10


boat-hoists, booms and sluices, etc.
13. All dams heretofore or hereafter
maintained across nayigable streams
without legislative permission are de-
clared to be nuisances and may be
abated
IA. Dams are divided into two
classes: those having capacity OF
over $50 horsepower, and those hav-
ing capacity of $50 horse power or
less.
Is. Franchises are granted:
(a). To corporations Incorporated
under this act for the purpose of
making Developments of $50 or more
horse power.
OBJ. To any person, firm or domestic
corporation for the porpose of making
developments of less than $50 horse
power.
(c). Applications must be made in
either case by describing the navig-
able waters, site to be improved, the
extent of the Improvement, descrip-
ton of the dam and structures, the
name of the city or village or owners
above and below affected by the i'm
provements, and the approximate
amount Of hydraulic and hydro-elec-
trio power to be developed.
(d) In the larger developments,
the applicants proposed must make
proposals to maintain complete ac-
counting system, to improve naviga-
a
power, and provide for a preferential
right for the use of power within the
state and in proximity to the loca-
ton where developed, and no con-
tracts for the lease or sale of power
shall become effective until approved
by the commission.
Value of the Lands.
(e). 1t is made the duty of the rail-
road commission to value the lands
necessary and used and useful in the
development under the franchise be-
fore the franchise is granted. In max
ing any allowance for any water pow
er value appurtenant thereto. the COM
mission shall further find and approve
the cost of the dam, works and other
improvements. These values are
are made for the guidance of the com
mission in ascertaining the price to
be paid for these properties by the
state or any municipality which may
later take them over, and it will be
noted that by valuing the lands at
the time of the granting of the fran
chise any incrument or increase OF
price of the lands is cut off.
(f). At any time after thirty years
the state or any municipality may take
over all property Of the grantee of the
franchise, paying for the power site
and other lands used for the develop
ment the value of same at the time
of the issuing of the franchise exclu-
sive of any water power value ap-
purtenant thereto, and in addition the
value Of the improvements at the time
taking over by the state or MUM
cipality.
(g). The state or municipality may
take over all property prior to the
thirty years by paying full compensa-
ton for all property taken at the time
| of the taking, but there shall be no
compensation for the franchises.
CHI. No franchise shall become eff
| fective until a written acceptance is
filed by the applicant. It is express
| " agreed that the terms of the fran
| chises are accepted in consideration
| of the powers, privileges and prerog-
atives and the granting of same and
acceptance thereof, matter of con-
tract.
Cd. The state also reserves the
right at any time after thirty years to
| impose a compensatory fee ito be eX-
pended in the Improvement or nav
cation if the state shall have the pow
er and shall engage in improving the
navigation of our waters. This fee is
in addition to the inspection fee pro-
| vided herein.
IS. The conditions of the franchises
| issued for developments under $50
horse power are in the aid of the i'm
provement of navigation and in the
| interest Of life, health and property
| of the citizens of the state. The
| franchises for small developments con
tain a clause reserving to the legisla-
| ture the right to wholly amend or re-
peal the same at any time.
II. Under this bill municipalities are
given exceptional advantages with
| rights almost equal to the rights re-
served by the state for itself. Under
| the bill municipalities have the same
privilege as the state in the right to
take over the larger velopments up
on the advantageous terms reserved
| to the state. Municipalities may Sc
| cure franchises for either large or
small improvements by conforming to
| the conditions imposed upon the hold
| ers of franchises for small develop
ments.
19. Provisions are made for the pre-
| ferential right for the continuation of
the use of power for limited time
after the taking over Of any powers
| by the state or municipalities.
| 20. The orders and findings OF the
commission made subsequent to the
| granting of the franchise may be re-
| viewed by the circuit and supreme
sourts in the same manner as in the
case of public utilities.
FRED C. SHEASBY.
OPERA HOUSE SCHEDULE