Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-02-07
COMMUNICATION.
REPEAL OF THE "ACT IN RELATION TO
MILLS AND MILL-DAMs"-Pa in the
Session IF 1870 and 'dO

Session Of 1889 and 40.
That petitions will again, as al the last
session, be presented at the next session
OF the Territorial Legislature for the repeal
OF this law is not deemed improbable, and
thai the whole people should be apprised
OF the disastrous consequences resulting
from such repeal is thought be of the ut
most importance.
During the memorable era Of "Claim"
administration and Claim Laws" previ-
Gus TO the government sale of lands at
Milwaukee, southeastern Wisconsin, by
simultaneous rush in the two previous years
had an enterprising population, (rather
dense than sparse) at many points, with
such supply OF wheat and corn that imperi-
ously demanded the creation Of grist
mills on most of the important by
dranlc facilities, in this region, especially
in Racine and Walworh counties. Thus
situated with the prevailing (if not the uni
ve:sal) belief that none but an a. gent Of the
United States Government could prosecute
for trcspass, committed before the sale Of
the lands, and with assurance Of co-opera-
ton and support, in the erection, protec-
ton and maintenance Of mills, many were
erected.
But pretty soon after the land sale, sordid
dUarice, who when his ship was aground,
and he, in starvation for lack of bread, had
kept up his flag of distress, imploring re-
| lief, till liberated from want, with his ship
set ahoat; too soon moved by the pirate
| principle that might is right, showed indi
cations in some cases that the bloody flag
was soon to be hoisted, the dogs Of war be
mounted, and the IIberator to become u
captured prize.
If avarice, with his title to the fractional
part Of rod, an acre, or a section, he
says no matter which, acknowledged per-
haps to be of no real value; and procured
for the express purpose of making money
| for extorting damages; for he is often bold
and unblushing. when might is his only
law and governing principle. Standing in
this attitude towards mill owners, it was ca
sy to be perceived, that if ne could prose-
cute for trespass committed on lands before
their sale by government Gas some have
contend ed) that he holds as the sole arbi-
ter, the power to levy on all mill owners
the most exhorbitant exactions as the alter
native to their demolition. Not only so,
but in the same way and manner (may be
in the most worthless fraction) power 20 ar
rest by extortion, any future hydraulic en-
terp,ize BE- it Of ever so great importance
TO the country
The reservoir that sustains almost
every mill in southeastern Wisconsin, is
erected by dams at the outlets Of the nu
merous lakes flowing at many nlets, and
marsh lands to considerable extent for
miles in circumference: or by mill dams
on the streams, none Of which are rapid,
flowing to greater or less extent, lands, be-
fore their sale by government, Of course be-
fore there could be any liquidation Of dam
ages by parties to stand the lest of law
Thus The case was presented in substance,
by petitions to cur Territorial LIE gslature,
in their sessions Of 1889 and 40, praying
for such Legislative enactments,a as the con-
dition Of the country required, praying al
SO for liberty to grind or not grind for disti-
lation according 10 individual sense of duty.
! And also that there be in the Territory,
uniform rate of toll eff any established by
law.
This law (see page 65 of the annual ses-
sion of 1889 and '40( provides, sec. first
that any person may erect and maintain
water mill on any stream that is not navi-
gable, upon the terms and conditions. and
subject TO the regulations hereinafter ex-
pressed.
Sec Sd of this law, provides "that the
heigh to which the water may be raised
and the length of time for which it may be
kept up in each year, shall be liable to be
restricted and regulated by the verdict of
Jury as hereafter provided"
Sec. 4th provides that "any person
whose land is overlooked or otherwise in
jured by such dam, may obtain compensa-
ton therefor, upon his complaint before
the district court, for the county where the
land or any par; thereof lies"
Sec. 18th provides " the Jury in esti-
mating the damages to the land Of the COM
plainant shall take into conside ration any
damage occasioned to his other land by the
dam, and they shall also allow by way of
sett off, the benefit, if any, occasioned 10
his other lands by such DAM
Sec 14th provides elf the jury shall find
that the complainant is not entitled to reco-
YER any damages, they shall return their
verdict accordingly"
Illinois and other states have protected
the rights Of individuals and the country
by law similar in its leading features and
provisions Cor erecting and sustaining mills
and every state in the Union from their
first organization have acted on the same
version of the constitution; giving power TO
individuals and chartered compaDies to use |
private property for the greater individual
and public benefit, for adequate compensa-
ton TO use it for toll roads, toll bridges,
toll ferries, toll canals, and private roads.
On private road not the owner of the
land nor any other person may travel, un-
Iess the claiman Mt of damages claims also |