Chippewa & Flambeau Improvement Co. v. Railroad Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Eay SteveNS, Circuit Judge. Tbe plaintiff is a corporation authorized by ch. 640, Laws 1911, to maintain a system of water reservoirs on the headwaters of the Chippewa and Flambeau rivers.
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Appeal from a judgment of the circuit court for Dane county: E. Eay SteveNS, Circuit Judge. Tbe plaintiff is a corporation authorized by ch. 640, Laws 1911, to maintain a system of water reservoirs on the headwaters of the Chippewa and Flambeau rivers. It acquired and owned a dam in the Manitowish river at the outlet of Eest lake, which had been built in 1888. September 10, 1915, the defendant Commission made an order requiring that said dam should be maintained and operated so that at no season should the maximum head of water therein exceed eight feet six inches, nor be less than five feet…
1Opinion of the Court
WiNsnow, O. J.
It was frankly admitted by appellant’s, counsel upon the oral argument that by organizing under and accepting the rights and privileges granted by the water-reservoir act (ch. 640, Laws 1911) the appellant had submitted to such supervision and control by the Railroad Commission as that act (under reasonable and proper construction) provided for, but it was strenuously contended that the present order was not within the powers granted to the Commission by the act, or, if within the powers nominally granted, that such powers could not be constitutionally granted, for various…
2Cases cited7 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Swan v. MunchSupreme Court of Minnesota · 1896
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3Cited by16 opinions
- Wisconsin Valley Improvement Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2001
- State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
- Union Cemetery v. City of MilwaukeeWisconsin Supreme Court · 1961
- State ex rel. Board of Regents of Normal Schools v. ZimmermanWisconsin Supreme Court · 1924
- Rock-Koshkonong Lake District v. State Department of Natural ResourcesWisconsin Supreme Court · 2013
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