Fox River Paper Co. v. R.R. Comm'n

Decision Date06 April 1926
Citation208 N.W. 266,189 Wis. 626
PartiesFOX RIVER PAPER CO. ET AL. v. RAILROAD COMMISSION.
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.

Action by the Fox River Paper Company and others against the Railroad Commission to review an order of said Railroad Commission. From the judgment for defendant, plaintiffs appeal. Affirmed by operation of law.

This action was brought in the circuit court for Dane county to review an order of the Railroad Commission. On May 13, 1925, the plaintiff presented to the Railroad Commission an application for a permit to operate and maintain an existing dam constructed without legislative authority across the Fox river in the city of Appleton. The application stated the faces required to be stated under section 31.07, Stats., but did not contain the proposal required to be stated by subsection 3 of section 31.09, Stats. This provision requires:

The consent on the part of the applicant “that the permit, if granted, shall be granted and accepted subject to the express condition that the state of Wisconsin, if it shall have the constitutional power, or any municipality, on not less than one year's notice, at any time after the expiration of thirty years after the permit becomes effective, may acquire all of the property of the grantee, used and useful under the permit, by paying therefor, the cost of reproduction in their then existing condition of all dams, works, buildings, or other structures or equipment, used and useful under the permit, as determined by the commission, and by paying in addition thereto the value of the dam site and all flowage rights and other property as determined by the commission prior to the time the permit was granted, as provided in subsection (1), plus the amounts paid out for additional flowage rights, if any, acquired after the valuation made by the commission as provided in subsection (1); and that the applicant waives all right to any further compensation.”

Because the application for the permit did not contain this proposal or consent the Railroad Commission dismissed the application.

The complaint in this action prayed judgment directing the said Railroad Commission to take jurisdiction of said application and fix a time and place for a public hearing thereon and proceed thereon to a final determination as provided by the Statutes of Wisconsin.

The plaintiff claims that the provision of the Statutes requiring the applicant to...

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11 cases
  • Angelo v. R.R. Comm'n
    • United States
    • Wisconsin Supreme Court
    • January 10, 1928
    ...271 U. S. 65, 86, 89, 46 S. Ct. 357, 70 L. Ed. 838;Fox River Paper Co. v. R. R. Com., 47 S. Ct. 669, 71 L. Ed. 1279, affirming 189 Wis. 626, 208 N. W. 266;U. S. v. Chandler-Dunbar Co., 229 U. S. 53, 60, 63, 33 S. Ct. 667, 57 L. Ed. 1063;Scott v. Lattig, 227 U. S. 229, 243, 33 S. Ct. 242, 57......
  • Smith v. Kleynerman
    • United States
    • Wisconsin Supreme Court
    • March 21, 2017
    ...State ex rel. Klefisch v. Wis. Telephone Co. , 181 Wis. 519, 195 N.W. 544 (1923) (on appeal).22. Fox River Paper Co. v. Railroad Comm'n , 189 Wis. 626, 208 N.W. 266 (1926) (on appeal).23. Schafer & Olson v. Varney , 191 Wis. 186, 210 N.W. 359 (1926) (on appeal).24. Morse v. State , 193 Wis.......
  • Fox River Paper Co v. Railroad Commission of Wisconsin
    • United States
    • U.S. Supreme Court
    • May 31, 1927
    ...for defendant in error, upholding the validity of this act. The Supreme Court of Wisconsin affirmed by an evenly divided court. 189 Wis. 626, 208 N. W. 266. The case is here on writ of error. Judicial Code, § 237(a), as amended (Comp. St. § 1214). The right set up in the bill is one under t......
  • Nekoosa Edwards Paper Co. v. R.R. Comm'n
    • United States
    • Wisconsin Supreme Court
    • December 3, 1929
    ...Railroad Comm., 274 U. S. 651, 47 S. Ct. 669, 71 L. Ed. 1279. In the latter case the decision of this court in Fox River Paper Co. v. Railroad Comm., 189 Wis. 626, 208 N. W. 266, upholding as constitutional the statutes here in question, was affirmed. [10] The appellant further contends tha......
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