NEKOOSA-EDWARDS PAPER COMPANY and others, Petitioners and Respondents,
v.
PUBLIC SERVICE COMMISSION, Appellant: WOOD COUNTY, Intervenor and Respondent. [Two cases.]
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
November 5, 1959.
December 1, 1959.
Attorney(s) appearing for the Case
For the appellant there was a brief and oral argument by William E. Torkelson, chief counsel.
For the respondents Nekoosa-Edwards Paper Company and others there were briefs by Chambers & Nash of Wisconsin Rapids, and Robert R. Johnson of Port Edwards, and oral argument by Mr. Lloyd L. Chambers and Mr. Johnson.
For the respondents Okray Produce Company and Alois Firkus there was oral argument by H. D. Anderson of Stevens Point.
For the intervenor-respondent Wood county there was a brief and oral argument by Morgan L. Midthun, district attorney.
A brief was filed by Wickham, Borgelt, Skogstad & Powell of Milwaukee, for the Wisconsin Agricultural Water Users, Inc., as amicus curiae.
Supreme Court of Wisconsin.
HALLOWS, J.
The important question presented on these appeals which in our view of the cases makes it unnecessary to consider any others is: Does sec. 31.14, Stats., confer upon the Public Service Commission the jurisdiction to determine and regulate the common-law rights of all riparian owners to the use of nonsurplus water in a navigable stream? To determine this question requires a construction of sec. 31.14 which heretofore...
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