The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1893-05-11
No.655 Al
j Published April %, 1898

A1at1Eh LD0.
AN ACT 10 provide for the drainage and recla-
nation certain lands III Mauitowoc AID Calu-
met counties.
The people of the State OF Wisconsin. REPRESENT
ed in Senate and assembly 90 enact as follows
Section /. Whenever twenty-five or more own
ers OF wet or overhowed lands of the counties of
Manltowoc and Calumet which, in their opinion,
viii be benefited by system of drainage. and
who shall be Of the opinion that the public
health or welfare viii be prone ted thereby shall
desire to institute proceedings for drainage and
reclamation of said wet or everiiowed lands in
ManItowoc and Calumet counties either 10y cor
structlng, extending, opening, eElarging, widen
ing. Strengthening or deepening the haaitowoc
IIyer and tributary water courses or removing
natural or artificial distractions therefrom, as
herein provided, they may apply to the circuit
court Tor Manitowoc and Calumet counties al
any term thereof, or to the presiding judge there
OF. 10y petition for the Institution OF such pro-
ceedlngs and the appointment of three commits
sioners TO be known as the drainage commission
crs OF drainage district No. One, blanltOTuc and
Calumet counties, Such petition shall specify IN
general terms the nature of the i'm pFUyements
desired 10 be made as near as may be, without
preliminary survey. the amount of lands to be
benefited thereby, and the benefits 20 the public
health or convenience and to private property,
which II Is believed Will result from such system
of drainage, and that such system OF drainage
Is practicable. The petition shall also specify
in general terms, the stream or streams, or water
course or water courses, proposed 20 be dreGged,
widened. deepeaed, straI ghtened or altered, and
the particular Instructions TO DO removed as fag
known to petitioners, and that N The belief Of
the petitioners the costs, damages and expenses
VIII be less than tie dement's winch VIII result to
the owners of the lands likely to be benefited
thereby; and if any town or city Whole viii
be benefited by such system OF drainage, the
petitioners nay state, setting forth the nature
of such benefits, Any town city benefited by
said system of drainage may join III said petition.
Sand petition may also inforIa the court or pre-
siding judge thereof q any Other matters IL
tive or pertinent to the matter, such petition
shall be verified by the oath of ono more per-
sons and shall be filed with the clerk II SAID
court.
Section ,. Upon the fling of such petition. lie
court presiding Judge Thereof, shall make
an order describing the notice To be given OF the
time and place of hearing the SAID petition,
which notice shall be given 20 all PARTIES inter
ested by publication Of The saIaa Ju uac news
paper printed IL each Of SAID counties for not
less than once III each week. for foar successive
weeks before the date fixed for the heating. On
presenting such petition with due PROOF % pab-
LEGATION of the notice as required by sad order,
the court or presiding judge snail make an order
appointing three dislnterested and competent
freeholdUTs of said counties, as commissioners
and the said court or Judge shall then and there
tx the time and place for the first meeting Of
the commissioners, The commissioners shall.
before entering uDon their duties, take and sub
scribe an oath that they VIII support the CoustI-
tuition of the United States and tie constitution
of the state of Wisconsin, and To faithfully dis
charge their duties as commissioners to the best
of their abilities; and Ill case any commissioner
shall not take such oath or qualify, or any va
caucy shall happen in said commission, on repre-
sentation of the fact by the verified petition %
one of said commissioners who was qualified
said presiding Judge or court Shall appoint per
son qualified as above In place OF such commls-
sioner who has failed to qualify, in place OF
ny commissioner who has resigned or become
deceased The removal OF any Commissioner
outsIdethe boundaries OF said two counties shall
yacate his Office. Each commissioner shall exc
cute a bond before entering upon the duties of
said Office, to be hled with the clerk of courS of
the county wherein said petition is filed as OBJ
ligee for the benefit of all persons interested,
III amount and with sureues, to be ap-
81, ~ dino
toned to the faithful discharge Of his duties "a
such commissioner, and the faithful discharge of
his duties as such commissioner, and the faith
full accounting for and application of all moneys
which had come to ms hands as such officer. The
said clerk shall, upon due qualification of the
commissioners, Issue TO them certified copy of
the order of their appointment.
Section ). The SAID commissioners are here
by authorized and empowered to remove or cause
70 be removed; first, the dam, dams other r.
tificial distractions IN and across the Manito-
voc river at Cato Falls, in Manitowoc county
as hereinafter provided; and thereafter to remove
or cause to be removed all other distractions at
any place or places at or above said Cato Falls,
in said Manitowoc river and tributary water
courses which caused or cause certain swamp
lands within said counties of ManitowOc and
Calumet, or either of them, to be overlooked
with water or otherwise injured or impaired III
value, and infected with disease germs endan-
gering public health, at any season of the year;
and for that purpose said commissioners may
lower or cause to be lowered the bed of the said
AIanitowoc river. and tributary water courses. |
and cause to be dug, made, built and constructed
all such canals bitches, siulce-wayS, dykes and |
EN- ban kInents as said commissioners shall deem
necessary, to efiectually drain and reclaim said
swamp lands infected with disease germs en- |
dangering public health, and to protect the |
same, so far may be, against any further over
flow from high water caused by distractions |
placed in said ManItowoc river and tr butary |
water courses. and for the purpose the said |
their superintendents agents |
contractors servants shall have further power |
and authority to enter upon any adjoining lands |
and make bitches, sIulce-Ways and do other
work necessary TO the drainage and reclamation
Of the said swamp lands herein referred to, md |
10 promote the general welfare and public health
Of said counties. And for the purpose of enabling
age and reclamation of the said swamp lands in
the said counties Of Manltowoc and Calumet ar
aforesaid, the said commissioners are hereby /
and empoweredto enter into negotia-
ions with the owner or owners of SAID dam or
Jther artificial Instructions and said lands adj
dining said Manitowoc rivrr and tributary water !
courses. so to be appropriated and used afore-
aid. for the purpose aforesaid, and to make
agreements or contracts with said owner or
owners thereof, for the amount or amounts to !
De paid therefor; and to pay for the same, out of
he moneys herein and hereby appropriated, and
o take lawful deeds of conveyance therefor In !
he name of and TO the state of Wisconsin.
Section T. 1t shall be the duty Of said COM |
nissoners, as soon as practicable, after their
appointment and qualification as aforesaid. to
amy into full effect the provisions of this act
or the removal of said dam or other artificial
Instructions aud for the purchase of said lands
adjoining said MauItowoc river and tributary
water courses. and to pay for the same such
sum or sums of money as they shall have found
necessary and agreed upon, out of the moneys
herein and hereby appropriated. The balance |
IF said money herein and hereby appropriated
shall be expended by them. the said commits
:ioners, for any ana all other improvements
necessary for the complete drainage and recla-
nation of said swamp lands as herein provided,
Section ). 1t shall be the duty of said COM
niSsloners befoie commencing the work deem
I'd necessary TO be done to accomplish the drain
ng and retaining Of the said swamp lands IN
said counties, to require civil engineer or sur
.eyor to submit to them plans and specifca-
ions and estimates of the cost of all the work
ieemed necessary to be done. to accomplish
he objects contemplated BY the provisions OF
his act, and after such surveys, pisus. specih-
cations and estimates shall have been so made
and submitted, the said commissioners sha!i
meet and determine upon the plans oy Which
ha x-arinns DortiODS aud kinds OF such work