Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1912-05-03

kuSoodSS, utHNoIcu " OAi0 w
Legislature at the special session con-
vening on April 30, is as follows:
Fellow Citizens of the Senate and AS
sembly:
If faithful performance of public dutS
ever entities u legislature to o lnclai re-
pose after the close of IT'S regular Ses5 5on1
YOU gentlemen of the legislature OF 1911
should be relieved from the obligation
of assembling again. 1t is no alsp pa. so,,
ment of others to say that the "orh YOU
did here last year was greater Ill Naiiet!
and amount and tranScendS in Importance
the achievements of any of your preu9,,
ceSsors- his work moreover was so Wen We,
and cOnScien tiOuSly done as TO evoke III
mediate. widespread and general approval
Tested therefore by the value OF tne sert
ice rendered You are clearly ehtitleue !"
exemption from further call. But uhior-
tunately this is not the sole criterion ;
emergencies unforeseen by anyone at the
time of your last adjournment nave maue
it necessary for me TO convene you LII
special session.
RELIEF FOR BLACK RIVER FALLS.
On October 6, 1911, after week of ex-
cpptiOnaily heavy rains. the dams across
Black River in Jackson County at Delis
Hatfield and Black River Falls gave way
in rapid succession and the latter city was
overlooked. More than two thirds OF tne
entire business section was almost instant
ly blotted out, many people were ieIt
homeless and property estimated at more
Il
destroyed. The river left its customary
channel undermined the lower portion OF
the city and swept away not only tne
buildings that marked the prlnclpal ousl l,
ness center but also the very ground upon
which they stood Two companies OF the
National Guard We're Immediately ordered
to the flooded district to preserve ofder
and protect life and property. Under the
command of Major Williams they renamed
at Black River Falls about two weeks I'm,
til system Of relief had been organized
thn dam, from thn
Meanwhile a Relief Committee was APP
pointed consisting of State Treasurer An
drew II. Dahl. George F. Cooper of Black
River Falls. Eltinge Elmore of Milwau
kee, 3. l.. Van GOrden of Taylor anu
Major c. Il. Williams of Camp, Douglas
TO receive contributions for the beneht OF
response to the solicitations of this com
nittee $42.323.21 have been received. "A
portion of this fund was expended from
day to day for the relief of restitution ana
the construction of works to protect the
city from further imminent disaster; A
Golfer dam and retaining wall were built
and by these means the current of Black
River has been turned back into its old
channel But the city is sadly in need Of
assistance. The improvements now being
constructed by the Relief Committee can
not be fully paid for out of the money
collected by private subscription. They
must nevertheless be completed. The city
itself is apparently helpless. Before the
food it was bonded to its full debt limit
Now after the loss of so much property
it is unable to raise any money what
ever It's sewage system has been practi-
calIy destroyed and unless soon repaired
will prove an increasing menace to health
as the season advances. There appears
to be no adequate legal authority Tor the the
construction of the dam now being built
TO furnish the city with light and power.
In this situation the people of Black River
Falls have turned to the state for aid !;
and you gentlemen of the legislature are
the sole judges of the extent to which this
appeal shall be needed.
Relief is asked for under three principal
heads.
First is a request for assistance for
those who were rendered homeless er des
titute by the food. Under the decision
of the Supreme Court of this state in the
case of State ex rel New Richmond vs.
Davidson ia Wis 500. there can be little
doubt that the Legislature has power law
fully TO appropriate money for this pur-
pose. So also may public money be eX-
pended to gather up and remove debris
scattered by the food, repair the sewage
system and in other ways protect the
public health. Some have suggested that
the relief to be afforded under this head
should be given by cancelling the indebt
edness of the city to the trust funds of
the state. This indebtedness. which
amounts to about $4,000, cannot how
ever be RENTED or reduced without at
the same time transferring an equal sum
from the general fund to the trust funds
ter must be kept intact. 1t should be
borne in mind also that no appropriation
and transfer can be made from the
general fund for any purpose other than
a public one.
The second ground upon which assist
ance has been asked is to support the
schools and rebuild the business portion
of the city. Looked at from the stand
the state the first of these purposes is 10
cal and the second is purely private; Meth
er is public. The legislature has no au-
thOrity therefore to make an appropriation
for either of these objects.
The third and remaining basis for APP
plicatiOn to the state for financial assist
ance is the necessity of retaining wall
along the river bank east of the city to
protect it from further injury in the flu
ture. Were this a proposal to appropriate
money from the general fund it would
meet the legal obstacle interpoSed by sec
ton 10 of article " of the Constitution
of Wisconsin which prohibits the state
from contracting any debt or being party
in carrying on ANY work of internal i'm
provement." The Supreme Court of this
state in the case of State ex rel Jones VS..
Froelich, rs Wis. 80, Portage levee
case, has so held. But this legal difficulty
may be obyiated i'll the case of the re-
tanning wall at Black River Falls as it
has been twice obviated heretofore in the
case of leveeS at Portage by making the
appropriation from the drainage fund in
stead. This is special fund derived from
the sale of swamp and overfowed lands
granted to the state by the federal govern
ment in the year 1850 for the construction
Of necessary levees and drains to reclaim
the swamp and overlooked lands within
our borders. Investigation shows that there
2,116 quarter quarter sections of such
lands within Jackson county. of which
Black River Falls is the county seat. Four
teen Such forty acre tracts lie within one
mile of the city 20 are within two miles
81 are within three miles: "a are within
four miles; SO are within five miles; 159
are within six miles: PIT are within seven
miles: 297 are within eight miles; 81 are
within nine miles and 459 are within ten
miles. 1t is true that ut present the great
er portion of the money belonging to the
drainage fund was years ago transferred
by an act of the Legislature to the gen
eral fund Whether this transfer be legal
or not it was plainly not required by the
trust impressed upon these funds by the
federal grant. TO the extent that such
funds may at any time be needed for the
accomplishment of the purpose for which
they were originally set aside there can
be little doubt that the legislature has
power 10 retranSfer such portion of them
as may be necessary from the general fund
back into the drainage fund. The expense
of building ii retaining wall could then
he met wholly or partially from this
source. Any appropriation from this spe-
cial fund the legislature may see fit to
make for the construction of a retaining
wall to reclaim and protect these lands at
near Black River Falls would thus be
effective.