Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1912-05-03
MESSAGE SENT TO
THE LEGISLATURE
Gov. McGovern Presents DOcu-
ment at Extra Session.
URGES AID TO FLOODED CITY
State Can Afford to Be Generous
in Giving Reliefto Black River Falls.
Says Executive-RecommendatIons
Made on Other Measures.

Madison.-Gov. f. E. McGovern's
message, delivered to the Wisconsin
Legislature at the special session con-
vening on April 80, is as follows:
Fellow Citizens of the Senate and AS
sembly:
ever entities a legislature to official re-
pose after the close of it's regular session,
you gentlemen of the legislature OF l9I1
of assembling again. 1t is no dlsparage-
ment of others to say that the WORK you
did here last year was greater IN variety
and amount and transcends in importance
the achievements of any of your nrede-
cessors. This work moreover was SO wen
and conscientiously done as to evoke I'M
mediate, widespread and general approval.
Tested therefore by the value of the serV-
ice rendered you are clearly enIltIed TO
exemption from further call. But unIOr-
tunately this is not the sole criterion; ;
emergencies unforeseen by anyone at the
time of your last adjournment have maze
it necessary for me to convene you III
special session.
RELIEF FOR BLACK RIVER FALLS.
On October 6, 1911, after week OF ex-
ceptionally heavy rains, the dams across ACROSS
Black River in Jackson County at Deils,
Hatfield and Black River Falls gave way
in rapid succession and the latter CITY was was
.overfowed. More than two thirds OF the
entire business section was almost instant
~ blotted out, many people We're leII
homeless and property estimated al at more @ae
destroyed. The river left it's customary
channel, undermined the lower portion or
the, city and swept away not only uIe
ness center but also the very ground upon
which they stood. Two companies OF the
National Guard were Immediately ordered
to the flooded district to preserve. order
and protect life and property. Under the
command of Major Williams they remained
at Black River Falls about two weeks un-
of
and the danger from the flood had passed.
Meanwhile a Relief Committee was ap-
pointed consisting of State Treasurer An
drew H. Dahl George r. Cooper of Black
River Falls, Eltinge Gilmore of MIlWau-
kee: B.. l.: Van Gordon OF Taylor ana
Major G.. r. Williams of Camp Douglas
to receive contributions for the benefit OF
those who were in immediate need. In
response to the solicitations OF TINS COM
mittee $42,323.21 have been received. A
portion of this fund was expended from
day to day for the relief of restitution and
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 or
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
flood it was bonded to its full debt limit:
it is unable to raise any money what
ever. Its sewage system has been pract1-
cally destroyed and unless soon repaired
as the season advances. There appears
to be no adequate legal authority for 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 We're rendered homeless or des-
titute by the flood. Under the decision
case of State ex rel New Richmond VS..
Davidson. ia Wis. $685. 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
public health. Some have suggested that
the relief to be afforded under this head
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
from the general fund to the trust funds
from which the loan was made as the lat
ter must be kept intact. 1t should be
borne in mind also that appropriation
and no transfer can be made from the
general fund for any purpose other than
The second ground upon which assist
ance has been asked is to support the
schools end rebuild the business portion
of the city. Looked at from the stand
point of the expenditure of the money of
the state the first of these purposes is To-
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 ap-
All tSnya 20. fhA ctnfA fOp &V.n,, ar 4
ance is the necessity of retaining wall
along the river bank east of the city to
protect it from further injury in the fu-
ture Were this proposal to appropriate
money from the general fund it would
meet the legal obstacle interposed by sec
ton 10 of article " of the Constitution
from contracting any debt or being party
in carrying on ANY work of internal inn
provement." The Supreme Court of this
state in the case of State Elk rel Jones VS.
Froelich. lis Wis 80, a Portage levee
case has so held. But this legal difficulty
may be obviated in the case of the re-
tanning wall at Black River Falls as 1t
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 overflowed 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 overhowed lands within
our borders. Investigation shows that there
are lilo quarter quarter sections or 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 niles; "a are within
four miles; SO are within five miles 159
are within six miles; 217 are within seven
miles: 297 are within eight miles: 81 are
within nine miles and 459 are within ten
miles. 1t is true that at present the great
err 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 iegal
or not 1t 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 car
be little doubt that the legislature has
power to retransfer such portion of then
as may be necessary from the general fund
back into the drainage fund The expense
of building retaining wall could Their
be met wholly or nartiallv frnm fhis