Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06

oectlon 8. Ihis act shall take effect and
nTt III aQice' from and after it's passage and
Approved May Is, 1901.
NO go, 81 Published Nav % 1901
~ CHAPTER 444
AN ACT to reimburse the drainage fund
anu provide for the distribution Of drain
dse moneys among the counties of this
STATE entitled thereto
whereas, by the act of Conprass on
proved September 28th, 1850. entitled AN
act TO enable the state of Arkansas and
other states to retain the swami land With
III tnelr limits" all lands wet and unft for
cultivation, in this state, known as swamp
1ahuS were granted to this state for the
pulPose, SO Iaf as necessary Of retaining
and u.s. an" ui"lAs'
whereas, before the selection of any
S S IlhdS could be made by the state I'M
yer the provisions of said act the limited
states had sold or otherwise disposed of
ANUS IN this state covered by said grant
amounting TO Seventy-one thousand Sixty-
eignt ana seyenty-tive one hundredths III
ooo,'ol acres, and on account of such sales
anu dispositions, this state afterwards re-
celVed from the United States, as indemnity
LOT such sales and dispositions, seventy thou
sand six hundred fourteen, and thirty fonr
lands, and oAe' VI other
Whereas, such lands so originally grant
Gu ny the act of 1850 and such indemnity
lands have been in part sold nv the stote
ana the same are now being sold from
time to time, and the proceeds If. snch
I ANUS are belng collected and held for the
neheAt OF the various counties and from
tiIne TO time paid over to them in pr0por-
ZION TO the amounts of swamp lands in
Such counties and the said fund so derived
known as the drainage fund has been held
Dy said state and so paid over, as a trust
Iund, for the benefit of such lands and the
counties and towns in which they are sit
uated, and
whereas, under the provisions of
section 2 of chapter 557, of the laws If
I1ooo, and section of chapter 151, of the
laws of 1869, one-half of said drain2 90 fnnJ
was required to be held by the state for
= the Denent of the normal school fund and
one-half for the benefit of said counties
anu towns IN proportion to the swamp
lands therein, and
Whereas, by chapter 1873 of the laws of
1857, the sum of six thousand dollars ($6 OOM
was appropriated out of said drainage fund
Tor Tor the benefit of lands in Sank and Column
pa counties for the protection of the val
leys of Neenah Greek and Fox river from
overflow, and the said sum was by the
commissioners of public lands paid to said
Sank and Columbia counties out OF The
SHARES OF all other counties In said fund in
proportion to the swamp lands therein,
and
Whereas, by chapter 80 of the laws of
1850, the commissioners Of public lands were
required to pay to the counties of Sank and
Columbia from the drainage fund a sum
OF money which should represent the total
interest of said counties in all Of said fund
and In the swamp lands then on hand and
undlsposed of by way of an advancement to
said counties, it being provided in said act
that the said treasurer should after the,
payment to said counties, withhold all
their shares from the drainage fund there
a1tef TO be realized, and pursuant to said
act, the said land commissioners did pay
to the county of Columbia the sum of eight
thousand one hundred and fifteen dollars
ana thlrty-slX cents, ($8,115.36) and to the
county or Sank, the sum of two thousand,
and nine hundred and two dollars and sew
ehty-four cents, t$29O2.74) together amount
ing TO eleven thousand eighteen dollars and
ten cents, ($$ll ,0l8.1W no deduction being
made from said payment of the One-half of
said drainage fund belonging to the normal
school fund under the act of 1865 and the
acts of 1869, nor was any deduction what
ever made on account Of moneys retained
by the United States in it's treasury from
the amount due this state from the United
States on account of swamp lands, such re-
tention being made by reason of the I'M
paid war debt of this state under the direct
tax act, so called, levied by the act of con-
gress approved August 5th, 1861, and
Whereas, the said moneys so retained by
the United States were afterwards paid to
this state by the United States on account
of which the state received as part of the
drainage fund, one hundred forty-one thou
sand, elg-, hundred seventy Fight dollars
and five cents, ($141, S78.05), one-half Of such
sum properly belonging to the normal
school fund and one-half to the drainage
fund, but by the acts of 1891 and 1898, be
ing chapter 453 of 1891 and chapter 1876 Of
1893, the whole of said sum Of one hundred
forty -One thousand, elSQC hundred seventy
eight dollars and five cents, ($141 878. 05), was
transferred and paid over to the normal
school fund and no part thereof retained
in -e drainage fund.- and
Whereas, by chapter 121 of the laws Of
1891. the town of Caledonia in the county
of Columbia was excepted from the opera
tiOn and effect of chapter 80 of the laws Of
1855 ant chapter $40 of the laws of 1889,
withholding all drainage moneys from Co
lumbia county until the advances to that
county made under those acts had been
| FfxN1 al
| sum of one thousand, nine hundred and
forty-two dollars, and forty eight cents,
| ,$1,941.49), was paid to the county treasurer
| of Columbia county, for the use of said
| town Of Caledonia, and
| Whereas. it thus appears that said coun-
| ties of Sank and Columbia have received
more than their share of tie drainage and
! indemnity funds, and that such excess has
| been paid to them from the shares justly
| due to other counties, and,
Whereas, by chapter 492 of the laws of
| 1887, provision was made for re-paying the
| counties of Adams, Marquette, Oconto, For
| est, Marinette and Florence. on account of
| moneys taken from the share of said coun-
| ties to pay Sank and Columbia counties
under the provisions of the acts of 1882 and
| 1885 aforesaid, and the sum of three thou
| sand, seven hundred and ninety dollars, and
| thirty-six cents (S3, 790.36) was paid such
| counties out of the drainage fund to replace
! such moneys paid to Sank and Column
b1a counties. and
| Whereas. by chapter 800 of the laws of
| 1889, like provision was made for refunding
! the counties Of Dane juneau, Kewaunee
! and ManitOWOc for moneys so paid to the
| counties of Sank and Columbia. and the
! sum of nine hundred twenty-five dollars
| and eighty three cents G922.S3 was paid
sucn counties under said act of 1889. There
| fore,
! The people of the State of Wisconsin rep
! resented in senate and assembly do enact
! as follows
Section l. 1t shall be the duty of the
| commissioners of the public lands to care
! fully and correctly compute and ascertain
! what sums of money have become due to
! each and every county of the state from
! said drainage fund, including the fund re-
! ceived from the sale of said indemnity
| lands, and taking into consideration
| changes of county boundaries and the for
. nation of new counties. Such computation
! shall be based upon the amount of swamp
| lands in each township in the state. They
! shall also ascertain what sum or sums of
| money have been paid to each county of
| the state for or on account of the drainage
| or Indemnity funds, and compute the bal
| ance to show either the amount due
| to any county or the amount of overpay-
ment to it, taking into account the county
boundary at the time any such payment or
| payments were made. They shall proceed
upon the assumption that one-half only Of
the drainage and indemnity fund was due
10 said counties. but they shall not credit
them with any part Of the one hundred
forty-One thousand, eight hundred seventy
| eight dollars and five cents (SJ41S7S 05)
| transferred to the normal school fund under
the acts of 1891 and 1898 Upon such COM
! putatton being completed, and within three
months after the publication of the act. the
| commissioners shall certify to the secretary
| of state the sum due to each county now
| existing and the secretary of state shall
! draw his warrant to each such county for
| the amount due to it from such funds, ana
| the state treasurer shall pay the same and
-, 4y,A NOV ant 50 II n