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LUENING v. PUBLIC SERVICE COMM.

267 Wis. 537 (1954)

LUENING and another, Petitioners, vs. PUBLIC SERVICE COMMISSION and another, Defendants and Respondents: THE STATE, Intervening Petitioner and Appellant.

Supreme Court of Wisconsin.

October 5, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General and Roy G. Tulane, assistant attorney general, and oral argument by Mr. Tulane.

For the respondent Public Service Commission there was a brief and oral argument by William E. Torkelson, chief counsel.

For the respondent Winter Electric Light & Power Company there was a brief by Glen H. Bell and Charles P. Seibold, both of Madison, and Douglas & Omernik of Spooner, and oral argument by Mr. Bell.

GEHL, J.

The attorney general contends that the dam which the commission may grant authority to build is limited to the structure directly across the river bed; that it is without power to authorize the construction of the canal to carry the water from the head of the project through the generating plant and back to the river bed.

The authority of the commission to grant permits "to construct, operate, and maintain...

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