Report of the Committee on Water Powers, Forestry, and Drainage of the Wisconsin Legislature, 1910, Volume 1
Democrat Printing Company, state printer, 1911 - Drainage - 779 pages
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alter amended ANALYSIS Apple river application authority Boom busincss capital stock cent charter Chippewa Citation Clam river collect toll commissioners committee common law constitution CONSTRUCTION OF DAMS corporation court creek dam act ap dividend doctrinc drain drainage district Duration of grant Eminent domain erected Facilitate log driving filed floating logs forestry franchise granted gencral granted Yes highway Improve naviga improvement of navigation Individual Grantees Lake lands legislative legislature LEGISLATURE—Continued levee license limit Hydraulic limit No limit Little Suamico Location ment mill dam act Milwaukee river Miscellaneous purposes navigable streams navigable waters Nolimit obstruction Oconto Oconto river ordinance owncr panies person petition Plover river proposed Protection of navigation railroad commission regulation repeal Reserve clause riparian owner riparian rights Section Slides for logs sliding scale statutes supra taxation thereof town water power Wisconsin river Yellow river
Page 282 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Page 386 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways> and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 331 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 699 - ... the fairest and most just construction of the Constitution in all its parts. In our opinion such a construction of the Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts...
Page 698 - But the value of property results from the use to which it is put, and varies with the profitableness of that use, present and prospective, actual and anticipated. There is no pecuniary value outside of that which results from such use.
Page 550 - The General Assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators.
Page 422 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Page 295 - For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed. For us the question is one of power, not of expediency. If no state of circumstances could exist to justify such a statute, then we may declare this one void, because in excess of the legislative power of the State. But if it could, we must presume it did. Of the' propriety of legislatire interference within the scope...
Page 416 - is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate.