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

advised the commissioners of the public
lands not to convey the lands hereinbefOre
particularly described to the said ship
canal and harbOr company, but to apply to
the land department of the United States to
receive surrender of said lands from the
state freed from the grant in aid Of the
construction of said ship canal and harbOr,
and certify the same to the state as swamp
lands under the swamp land act of 1850;
and.
Whereas, the attorney general Of the
state, acting under such suggestions, ap-
piled to the commissioner of public lands
of the United States to vacate the certifca-
ton of the lands herenabove described to
the state in aid of the construction of said
ship cana! and harbor and to recertify them
to the state as swamp lands, under the act
of 1850, and upon such application the com
missioner of the general land office made an
order citing all persons who claimed an in
tereSt in said lands hereinbefOre particu-
larly described to appear before him at his
office in Washington and show cause why
the prayer of said petition should not be
allowed and ccrtftcatiOn Of said land to the
state in aid of said ship canal and harbor
be vacated and the said lands certified to
the state as swamp lands. and in obedience
to such citation the legal representatives of
the said Guido Pfster, who had meantime
departed this life, and the said Ephraim
Mariner appeared before the said commits
soner and answered the petition of the
state and claimed said lands under the said
Sturgeon Bay and Lake Michigan Ship
Canal and Harbor Company, setting out
their title thereto; and.
Whereas, the said commissioner. after the
nearing OF the case, on the twenty fifth of
September, 1895. rendered q decision, in
which he held that the act Of the land de-
partment in certifying the lands hereinbe-
fore described to the state of Wisconsin,
upon its selections, pursuant to the act of
congress of April 10, 1866 granting the lands
to the state, was final decision and passed
the title to these lands to the state, and cX-
hausted the right and the power of the
States regard o these
lands, and denied the petition of said state;
and.
Whereas, the state Of Wisconsin appealed
from such decision to the secretary of the
interior and the secretary of the interior,
on the third of June, 1899. made Il decision
affirming the decision of the commissioner
of public lands, and,
Whereas, Charles f. Pfster and Louise r.
VOgel. the legatees under the wills of Guido
PfSter and Elizabeth Pfstcr, his wife are
entitled to one-thrd undivided of said lands.
and the said Ephraim Mariner to two
thirds, under the conveyance from the ship
canal and harbOr company, and the state
holds the same as trustee under the grant,
by the act of congress of 1866, and It's ac
ceptance by act of the legislature aforesaid,
without any beneficial interest therein, ana
under the decision of the commissioner Of
public lands and the secretary of the in,
terror of right ought to convey the said
lands to the said Charles +. PfSter and
Louise i. Nogcl and Ephraim Mariner in
the proportions to which they are entitled,
ana they. the said Cn3flcS Is. IUStef Louise
f Vogel and Ephraim Mariner, have APP
piled to the commissioners of the public
lands Of the state of Wisconsin, requesting
them to convey such lands to them, &C
cording to their interests aforesaid, and
the commissioners of the public lands have
refused so to do; now therefore,
The people of the state of Wisconsin repre-
scented in senate and assembly do enact
as follows
Section T. That under the decisions Of
the commissioner Of public lands OF the
United States, in the case of the state Of
Wisconsin VS.. Elizabeth Pfister ct. al. pend
ing before him, rendered September %.
1895, ana the decision of the secretary of the
interior of the United States on the appeal
cson, rendered June 8, 1899, the claim Of
the state to hold the lands hercinbcfOrc
particularly described, as property of the
state under the swamp land act, is not we'll
founded; that such lands In equity ought
to be the property of the said Charles f.
Pfster, Louise f. Vogel and Ephraim Mar
iner and that the state holds the legal title
thereto as trustee for them under the act
of congrc o of April 10, 1866 granting said
lands. and che acceptance Of such grant by
act Of the legislature Of this state, by chap
ter 105 of the laws of 1868. and the selection
of said lands by the agents of the state on
account Of said grant, and tho certifcation
Of said lands so selected, Ivy the United
States to the state, on account of such
grant, by the act of April TO- 1866. in aid of
the construction of said ship canal and mar
Dor, and the acceptance thereof by the state
for the purpose of said grant, and it is the
duty Of the commissioners Of public lands
of this state, and they are hereby required,
upon the passage of this act to convey said
lands to the said Charles f. PfStcr, Louise
f. Yogel and Ephraim Mariner in fee, by
patent reciting the facts in the proper
lions Of one-third to the said Charles f.
PhSter and Louise f. Vogcl and twO-thirdS
to the said Ephraim Mariner.
Section 2. This act shall take effect and
be in force from and after it's passage and
publication.
Approved May 3. 1901,
No 100, 81 Published May Z, 1901.
CHAPTER 2SS.
AN ACT 70 provide for the establishment
and maintenance Of county schools of agri-
culture and domestic economy and max
ing an appropriation therefor.
The people of the state of Wisconsin repre-
scented in senate and assembly do enact as
follows
Section /. The county board of any
county is hereby authorized to appropriate
money for the organization, equipment, and
maintenance of q county school of agricul-
ture and domestic economy. The county
boards of two or more counties may unite
in establishing such n school, and may APP
propriate money for it's organization, equip
ment. and maintenance.
Section 2. A board to be known as the
county school board is hereby created,
which shall have charge and control of all
matters pertaining to the organization,
equipment and maintenance Of such school.
except az otherwise provided by law Said
board shall consist of three members, one
Of whom shall be the county superintendent
of schools of the county or district, in
which the school is located. The other
members of the board shall be elected by
the county board, for the term of three
years from the date of their election, but
no member of the county board shall be
eligible" Vacancies existing in the board
from whatever cause, except in the case of
the county superintendent, shall be filled
by appointment made by the chairman OF
bn COultV board s
not in session when such vacancy occurs.
If the county board is in session, vacancies
shall be filled by election by said board for
the uneXpircd term Appointments made
by the chairman of the county board, as
hereinhefore specified. shall be for the term
to eapse until the next regular meeting of
the county board. Each person appointed or
created u member of the county school
board shall within ten days after the notice
Of such appointment take and subscribe an
oath. to support the constitution OF the
United States and the constitution of Wis
consin, and honestly, faithfully, and i'm
partially to discharge his duties as a mem
Der of said board, to the best of his ability,
which oath shall be filed in the office of
the county clerk He shall also, within the
same time file a bond in such sum as may
be fixed by the county board. which bond
shall be filed in the office of the county
clerk Within fifteen days after the APP
thereof shall meet and organize by electing
one of their number as president The
county superintendent Of schools shall be
eX-Oficio secretary of the said board. The
said board shall prescribe the duties Of the
several officers, except as fixed by law.
Section 8. Whenever two or more coun-
ties unite in establishing such a school, the
provisions of section of this act shall ap-
ply TO the organization of the county school
board. and to filling vacancies therein, pro-
vided that the county superintendent of the
county in which the school Is located shall
be a member of the board and eX-Otficio its
SpppatorV and two members shall also be