Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1901-07-04
ATTORNEY GENERAL ADVISES
TREASURER TO HOLD MONEY.
DECLARES ACT INVALID
Renders Opinion Which Says LegisIs-
ture Violated the Constitution in
Appropriating $4,000 for Internal
Improvements Affecting Columbia
County and Fox River Districts.
Madison, July ,


The much needed improvements in
the leYees Of the Wisconsin river, for
which the citizens of Portage and
Columbia county pleaded so earnestly
before the committee on state affairs
at the last session of the legislature
may not be made, at least, not imme.
dlately. Yesterday, at the request of
Secretary of State Froehlich, the attor.
ney general gave out an opinion upon
the constitutionality of the act appro-
priating $4,000 out of the general
fund for the purpose of repairing and
extending the entertainments of the
! Wisconsin river in the neighborhood
of Portage. In the opinion ATTORNEY
General Hicks declares the act in
question to be clearly in violation of
the constitution. He advises the sec.
rotary of state to- audit no accounts
under this act as the law he says,
forms no warrant for the official ex.
penditure of funds Hereunder
/ A commission had already been ap-
pointed and work was about to be be.
gun on the surveying for the levees.
The commissioners are ]. E. Jones.
! Byron Klnnear and J. S. Towers all
of Portage. Prof L. S. Smith, who
was appointed by the commission as
chief engineer left for Portage
yesterday. He has been over the
ground and has said that the appro-
| priation was inadequate to accom-.
plish the desired end to make life
and property in the Fox river valley
safe. Following the opinion Of the
law officer of the commonwealth, it is
not likely the secretary Of state will
audit the account.
After reviewing the provisions of
the law the attorney general in his
opinion says: The title of the act
declares that it relates to the levee
of the city of Portage and vicinity,
and makes an appropriation therefor,
for the purpose of protecting the
lives and property of the citizens of
the state of Wisconsin, Such declara.
ton found in the title must be clearly
sustained in the text of the law, in or
der to evade the constitutional provi.
sion found in section 10 of article
- SNeNNN
| provides that the state shall rever
contract any debt for works of inter.
nal Improvement or be a party to car.
rying on such works. This language
| of the constitution is positive, simple
and distinct, and must not be nullif1ed
| by subterfuge nor evasion. A simple
! declaration of the purpose of the law
in its title cannot be regarded as con.
trolling, if the text of the statute clear
| ly and palpably violates the constitu-
tiOnal provision. The legislature may
not, by indirection, do that which it is
positively prohibited from Directly &C.
comprising. However praiseworthy
may be it's object and however great
the benefits to the locality, the legis.
lature cannot rest upon such consider.
ations, if it is clearly in violation of a
constitutional provision. This con.
stitutional provision was adopted at
| time when the internal development of
the state was being encouraged. not
only by federal but such attempted
state aid, and it was placed IN the
constitution for the purpose of pre-
venting any favored locality in the
state from receiving large state aid
and thereby prospecting at the expense
of the balance of the state. There is
no question but that the low lands
along the Fox and Wisconsin rivers
would be greatly benefited and their
value greatly enhanced by the ex.
penditure of this appropriation, but
the appropriation is from the general
fund of the state, and not from any
grant or special fund that is given or
set apart in any way for the purpose
of beneffting specific localities The
effect of this act, the locality for the
expenditure of the money, the result
of the improvement thereby created.
must all be considered in the ;ght of
the known facts, and the conclusion is
irresistible that this is fragrant viola.
| ton of the constitutional provision.
The question of the validity of this
act is not now raised for the first time
An intelligent suspicion has followed
it from its inception and accompanied
| ii through its entire legislative career
down to the last official act The APP
preparation is sufficiently large and
the principle involved is sufficiently
| important to entitle the act to be suO-
mitted for the purpose of judicial de-
Termination, provided the parties ben
Gifted have sufficient interest in sus-
tanning It,
| Il therefore conclude and advise
you that the act is unconstitutional
and void and forms no warrant for The
official expenditure of funds there.
under and that you should decline 10
audit any accounts and disburse the
money. If you decide TO be guided by
this opinion | consider it very deslr-
able hat you Immediately notify the
governor, the commissioners, if they
have been appointed. and other parties
who may be interested, of your deci-
sion, in order that no expense may be
incurred nor obligation contracted IN
til such time as persons who are ben
officially affected by this legislation