Report of the Committee on Water Powers, Forestry, and Drainage of the Wisconsin Legislature, 1910, Díly 1–2
Democrat Print. Company, State printer, 1911
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alter amended amount ANALYSIS application assessed authority benefits capital cent charge charter collect toll commissioners committee common companies constitution CONSTRUCTION OF DAMS corporation cost court Creek dividend drain drainage district driving easement effect Eminent domain erected existing Facilitate log fact filed fire fixed flow forest franchise granted hearing held hold Hydraulic improvement Individual Grantees interest issue Lake lands legislative legislature limit Location log driving maintain ment mill dam act natural navigable waters necessary notice obstruction operating owner paid person petition present proposed Protection railroad commission reasonable regulation repeal Reserve clause riparian river Slides for logs sliding scale statutes stream thereof timber tion town United water power Wisconsin
Strana 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...
Strana 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.
Strana 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.
Strana 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...
Strana 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.
Strana 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.
Strana 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...
Strana 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...
Strana 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.