Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1877-01-18

4
people with respect TO the practica
sanitary principles and precaution
against epidemic and other diseases
SWAMP LANDS.
| have devoted some efforts durins
the past year to an investigation o
the rig ats of the State under the &C
of Congress, approved September 20
1850, by which the General Govern
ment donated to tho State all tht
swamp and overfowed lands within
its boundaries. Owing to misun
derstanding of the instructions oftht
| General Land Office, the Commits
sioners failed to claim all the lands tt
which the State was entitled to un
der this grant, and tho omission
covering over million OF acres, has
never been corrected. On the 18th
| of May last, [ filed in the Depart
ment of the Interior, claim for so,
| 900 acres. Of the lands covered by
this application, patents have since
been issued to the State for Ii, 45t
acres; the selection of II, 1877 acres
has beon approved, and speedy ad-
iustment of the balance of the ella n
is promised.
In the pursuit of this investigation
it has come to my knowledge tha'
the State has a just claim upon the
General Government for indemnity
for certain swamp and overfiowed
lands clearly included in the grant
referred to, but which have been
wrongfully conveyed by the United
States to other parties. By the terms
of the act of September IS, 1850, all
the swamp and overlooked lands in
Wisconsin remaining unsold al the
time of the passage of the act, were
Internationally granted to the State,
the title wanting nothing but the
definition of the boundaries to make
it perfect Nevertheless, the United
States has since permitted entries
and selections to be made of large
tracts of these lands, and it is now
held by the General Land Office that
there is no authority in law to pay
over TO this State the purchase
money received therefor, or to per-
nit the location of an equal number
of acres from the land belonging to
the General Government. This de-
cislon is an obvious contravention of
the intent of the original grant, and
the State is indisputably entitled to
all these lands or their equivalent. |
recommend that ycz. ssdopt memoir
ial TO Congress on this subject, as it is
not possible that the manifestfy just
claim of the State to indemnity can
be refused upon proper presenta-
ton of the facts.
CITY CHARTERS.
An abuse Of serious proportions has
grown up in the matter of passing
special laws to incorporate cities Dur.
ing the past five years the Legislature
has passed twenty city charters at an
expense to the State of nearly $780,
900. In one case a city was inoorpo-
rated in 1875, the act occupying fifty
six pages of the laws. In 1876, for
the purpose of making few amend
ments, the charter was re enacted
and published at length, occupying
sixty pages, involving an expense of
81 800 for the two years. Iii another
case charter was passed in 1875,
submitted to a vote of the people and
rejected. A second charter was passed
in 1876, and this again was submit
ed to vote of the people and re
jected. Perhaps the most fragrant
instance is that of city originally
incorporated in 1869, and has since
had its charter reenacted with few
amendments no less than five times
at a cost to the State of $1,000. A
partial remedy would be afforded by
law requiring that charters shall be
submitted to vote of the people be-
fore they are presented to the Legis-
lature But the only adeonate means
of reform will be a gen law for
the incorporation of cities. Until
some provision Of this character shall
have been made, in cases where char
tiers have been reenacted at length
when it is only desired to amend one
or more sections, | will exercise my
prerogative to protect the people
against the imposition.
VILLAGE CHARTERS.
After the adoption Of the amend
ment to the Constitution in 1871, sec.
81, art ", it seems to have been I'M
derstood by the Legislature that the
ninth clause prohibited the enactment
of any private or special laws amend
ing existing town or village charters.
Since the decision Of the Supreme
Court in what are known as the Rail
way Injunction Suits, 50, Wis, 425, a
contrary belief has prevailed, and been
acted upon, based on the general ex-
preston employed in that decision,
that "the amendment is prospective
only, not retrospective" From the
fact that only the seventh clause of
this amendment was before the Court,
and the ninth clause contains add.
tional words of prohibition not used
in the seventh, there is reasonable
ground for doubt as to the correct
| ness of the later action by the Iegis
lature; and as an unwarranted ex-
tension of the language of the opinion
may lead to very grave complications
in the affairs of the municipal corpo-
rations, would recommend that the
question of the Interpretation of the
ninth clause of the amendment be
carefully investigated by you before
further legislation is had Hereunder,
EXECUTIVE RECORDS.
Many important records and valua
BILE papers are now and have been
since the organization Of the Territory
and State, deposited in the Executive
Office, where public convenience re-
quires their retention. These records
or copies thereof are not unfrequently
needed as evidence in the courts, and
as there is some uncertainty under
the law what officer shall certify tc
the facts which appear therein,
would recommend the passage of z
law making the certificate of the Pri
/ vota Saorafaru with raferapoa IN fhf