Report of the Committee on Water Powers, Forestry, and Drainage of the Wisconsin Legislature, 1910, Volumen1Democrat Printing Company, state printer, 1911 - 779 páginas |
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Términos y frases comunes
alter amended ANALYSIS application authority Big Rib river boats Boom boomage capital stock cent charter Chippewa Citation collect toll commissioners committee common law constitution CONSTRUCTION OF DAMS corp corporation court creek dam act ap ditch dividend drain drainage district Duration of grant Eminent domain erected Facilitate driving Facilitate log driving filed Fishways floating logs franchise granted held highway Hydraulic hydraulic power Improve naviga Improvement of navigation Individual Grantees Lake lands lease legislative LEGISLATURE-Continued levee license Little Suamico Location ment mill dam act Milwaukee river Miscellaneous purposes navigable streams navigable waters obstruction Oconto Oconto river ordinance panies person petition plies proposed Protection of navigation qr Sec railroad commission regulation repeal Reserve clause riparian owner riparian rights Section Shawano Slides for logs sliding scale statutes supra taxation thereof timber town water power Wisconsin river Yellow river
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Página 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...
Página 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.
Página 481 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Página 345 - 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.
Página 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...
Página 295 - 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 legislative interference within the scope of legislative power, the legislature is the exclusive judge.
Página 422 - 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. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it.
Página 494 - ... which will not defeat or substantially impair the object of the grant, or any...
Página 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.
Página 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...