Nw. Wis. Elec. Co. v. Pub. Serv. Comm'n
| Decision Date | 22 June 1946 |
| Citation | 248 Wis. 479,23 N.W.2d 459 |
| Parties | NORTHWESTERN WISCONSIN ELECTRIC CO. v. PUBLIC SERVICE COMMISSION. SAME v. PUBLIC SERVICE COMMISSION et al. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Dave County; Alvin C. Reis, Judge.
On rehearing.-[By Editorial Staff.]
Rehearing denied.
For prior decision see 248 Wis. 479,22 N.W.2d 472.
Aberg, Bell, Blake & Conrad, of Madison, W. T. Doar, of New Richmond, and E. Nelton, of Balsam Lake, for appellant.
Glenn D. Roberts, Sp. Atty., of Madison, for respondent Village of centuria.
John E. Martin, *481AAtty. Gen., and H. T. Ferguson, Asst. Atty. Gen., for respondent Public Service Commission.
Appellant's motion for rehearing is grounded on the fact that the court did not dispose of its contention that aside from the timeliness of its action, the village did not comply with the terms and conditions of the acquisition. The court is of the view that there is no substance to this contention. There are three alleged defects. The first is that the certificate by the clerk of circuit court reciting the deposit of $11,500 cash on February 23, 1945, and the filing of an undertaking as of that date has attached to it papers which appear to be a part of the village ordinance without indication of its adoption and an undertaking unsupported by proof of village authority for its execution. We have carefully checked the record in this respect and consider that this objection is unfounded in fact. The second objection is that there is a serious variation between the acquisition order and the right of way ordinance adopted by the village; that the order provides that the village shall grant a right of way to appellant to maintain its transmission line through the city until such transmission line may be removed by appellant without disrupting service; that the ordinance as adopted provides that the right of way shall exist until the transmission line can be removed by appellant without disrupting services. It is contended that the commission contemplated the use of the right of way by appellant until it should find it expedient to remove the line, whereas the ordinance would require appellant to remove the line as soon as it is possible to do so.
We shall not undertake to construe the commission's order. We hold that the ordinance was a purported and intended compliance with the order of the commission; that the use of the word can for may was obviously...
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