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FOX RIVER CO. v. R.R. COMM.

No. 492.

274 U.S. 651 (1927)

FOX RIVER PAPER COMPANY ET AL. v. RAILROAD COMMISSION OF WISCONSIN.

Supreme Court of United States.

Decided May 31, 1927.

Attorney(s) appearing for the Case

Messrs. Moses Hooper and Edward J. Dempsey, with whom Mr. John F. Kluwin was on the briefs, for plaintiffs in error.

Messrs. R.M. Rieser and Adolph Kanneberg, with whom Mr. John W. Reynolds, Attorney General of Wisconsin, and Messrs T.L. McIntosh and Michael J. Dunn, Jr., Assistant Attorneys General, were on the brief, for defendant in error.

MR. JUSTICE STONE delivered the opinion of the Court.

Plaintiffs in error are riparian owners of land bordering on the Fox River, a navigable stream. They own a dam at Appleton, Wisconsin, which has been maintained since its construction in 1878 without permission from any state authority. Since 1841 the statutes of the territory, and later of the state, have forbidden the building of a dam on any navigable river without legislative consent. Laws, 1841, No. 9; R.S...

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