Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1912-05-03

Governor of Wisconsin
this law dealt thus awaits further legisla-
tive action.
The topic is no longer novel. out OF
all the discussion however has come an
agreement that water power legislation il
desi rable for the accomplishment of at
least three principal objects
FIRST is the need of public control of
the location, obstruction, height and
strength of dams, their sluices and spill
ways, in the interest of Improvement in
navigation and safety to life. health and
property. With the facts of the catas-
trophe at Black River Falls still fresh in
the public mind, caused as it was by the
breaking OF improperly built dams at Dells
and Hatfield, the importance of this con.
sideration needs no argument Privately
! Dullt and privately owned as these dams
were the public is now called upon to
1901 the Dill OF expense incurred by reason
or their faulty construction. while in adj
altlon lrreparable harm has been done to
| innocent individuals and distant commun-
| tiles. The incident is not isolated in the
history OF the country and the lesson is
obvious. There should be no recurrence
OF It in Wisconsin. In the exercise of its
police power the state has ample authority
TO regulate the whole subject in the inter-
est OF public safety and the general well
fare.
The second reason for legislation upon
TINS subject at the present time is the de-
slrabllity of providing a way now for at
tanning ultimate ownership and operation
by the public of all water powers in the
state whenever the people shall SO desire
This object can be accomplished by pro-
vid1ng Just and satisfactory means for the
condemnation of dams. water power sites
ana riparian rights by public utilities
municipalities and the state itself when
ever II shall have the constitutional power
70 acquire and operate them. Naturally,
TINS transformation Will come about slow
| ~; but beginning should be made now.
Inc third argument iii favor of the pas
sage of a general law for tbs regulation
n lion OF f1sg.
policy of enacting a multitude of private
ana local acts. is the desirability Of prompt
development of water powers which in the
northern part of the state at least are now
one of our main natural resources For
about six years development of this sort
has been practically at standstill: at
| least no permission has been granted by
the state to build dam during this time
RMS delay may have been unavoidable
while the people were making up their
minds as to what should be the future
policy Of the state relative TO this sub
| Ject; but this has now been done and the
work of outlining such policy and giving
II legal recognition and sanction should no
longer be delayed.
There is no necessary conflict among
these various objects. Under the decisions
of our Supreme Court the owner OF the
bank of a river is entitled to the use
of the energy of the stream between his
upper and lower boundary so long as he
does not interfere with dominant public
| rights. But he may not intrude into. the
stream TO build dam which may affect
navigation or endanner the health life or
property of others without permission from
the state, any more than the state can
take his property without returning full
compensation to him. In the development
OF every water power therefore these two
rights meet--one public and the other pri-
vate-and they should be harmonized upon
basis that Will prove just and fair to all
trust that legislation having this pur-
pose in view will be enacted at this special
session. The Joint Committee on Water
Powers and Conservation has had the mat
ter under consideration and is prepared /
believe to submit the result of its deliber-
| ations to you.
WEIGHTS AND MEASURES.
The new weights and measures law.
chapter 566 of the Laws of 1911. was en-
! acted in response to a public demand for
| the correcuon OF UNFAIR practices that had
| grown up because of the lack Of effective
| public regulation. The legislative prob.
4 lem then presented was how to protect the
public and secure fair dealing i'm trade
1 with the least hardship to producers aud
| dealers. IL was pioneer problem. The
data as to existing conditions were frag-
mentary and there was considerable doubt
| as to how the new law would operate in
practice. In the main it has worked we'll
/ IN some cases however complaints have
been made by producers and dealers to
| the effect that some of the provisions of
sections 1868 and 4432 impose unneces-
sary and unexpected hardship at this time
| Particularly in the case of berry boxes
| and peach baskets they say they have not
! had sufficient notice TO enable them to
comply with the requirements OF the new
/ law. As rule these containers are pur-
| chased long In advance of the season when
/ they are used and there being no uniform
| ity whatever among the laws of the sew
eral states the supply for each must be
1 bought separately. 1t appears also that
/ some Of the provisions of the sections iust
mentioned are unnecessarily severe and
| that there Is uncertainty and ambiguity in
some of the penalties imposed These com
] plants have received the careful consid-
| GRAFTON of the Dairy and Food Commits
siOper who has recommended amendments
| to these sections which it seems to me
should be adopted They propose no abate-
ment of the protective features of the law
| but will relieve it of harsh and unneces-
sary requirements
SALE OF PUBLIC LANDS.
l. the enactment of Chapter 452 of the
| Laws of 1911 it was undoubtedly the in
! tention of the Legislature to restrict the
| sale of public lands to actual settlers But
the statute was not drafted so as to ex-
press this purpose and applications have
/ been made to the land commissioners I'M
| der circumstances which Justify an infer
! ence that many parcels Of public land
were desired by single individuals for pur-
poses other than immediate settlement /
recommend such amendment OF the law as
will prevent all speculation in public lands
and limit sales TO actual settlers
AMENDMENT OF ELECTION LAWS
The provision Of the new apportionment
act whereby it wen into effect Anril /
1912, introduced an element Of uncertainty
respecting the election on the following
day of congressional district delegates 10
national conventions and the domination
and election of members of TINS legislature
chosen 10 fill vacancies There has also
been some conflict of opinion as to what
is the proper method under existing law
of placing the names of candidates for
delegates TO national conventions upon the
official ballot To set all such questions
at rest / recommend the enactment OF
law that win validate the nominations
made and elections held on April 2nd of
this year.
Permit me also to urge that the pro
visions Of law for the placing Of names
Of candidates for delegates to national con
ventions upon the official ballot be so
amended as 10 remove all uncertainty in
the future; and that the time for the meet
ing Of such delegates to nominate candi-
dates fer presidential electors be changed
from the third Tuesday in April to the
third Tuesday in September. or some other
convenient time. In attempting to comply