River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1912-04-04
SAYS state May Pay FIaod Damages.

sistance to the city of Black
River Falls, which is the principal
purpose for which the legislature was
called to meet in special sessions
here on April 30.
The attorney general rules that the
legislature may lawfully cancel the
debt of $4,000 which the city of Black
River Falls owes the state on the
theory that the city spent that amount
of money for the public purpose of re-
lieving distress. The legislature can
appropriate money for the preserva-
tion of the public health. 1t may also
appropriate money from the drainage
fund for building retaining wall
along the river and other reclamation
purposes on the theory that ouch
improvements would assist in reclaim
ing swamp and overlooked lands
granted to the state by the United
States.
The legislature cannot appropriate
money for the aid of the public
schools Of the city, as that would be
for local purpose. The opinion OF
the attorney general outlining the
power of the legislature on this sub
ject is as follows:
''You have asked my opinion upon
the power of the legislature to render
some assistance to the city and peo-
pie of Black River Falls, and have
submitted for my consideration the
recommendation Of the committee in
charge Of the relief work at that
place. These recommendations sug-
gest appropriations for the following
purposes:
Relieving the city from it's indebt-
edness.
'tRelief of present suffering.
"Aid for the schools.
preservation of the public health.
Building a retaining wall to pro-
tect the city from further damage
by foods.
II understand that the city of Black
River Falls is indebted to the trust
funds of the state in the sum of about
$31, 900, and is also indebted to pri-
vate corporations and individuals in
the sum Of about $4,000. In so far
as the indebtedness to private cor
porations and individuals is concerned
the legislature is, Of course, without
authority. The trust funds must be
preserved intact. The indebtedness
of the city to such funds cannot be
Cancelled without replacing in said
funds the amount of such indebted
ness.
IAN appropriation for the mainten-
ance of the public schools is for
local purpose, and the legislature
would have no authority to make It.
'The preservation of the public
health is upon the same footing as the
relief Of distress, and an appropriation
for that purpose is valid.
TN my opinion the only theory
upon which an appropriation for build
ing retaining wall or otherwise i'm
proving the river could be justified
would be that it would assist in the
reclamation of lands granted by the
United States to this state under the
swamp and overlooked lands act.
Such an appropriation would have to
be made from the drainage fund.
"The committee also suggested that
as the dam at Black River Falls was
destroyed by order of the railroad
commission acting under a provision
of the water powers law, since de-
clared unconstitutional, the state
might be under obligations to replace
it. 1t is very clear there is no legal
obligation on the part of the state
to replace this dam.
I'm my opinion the state has no au-
thority to appropriate money for re-
building this dam. unless it can be
shown that it would come within the
terms of the swamp and overlooked
lands act.
"A further suggestion of the com
mittee is that the limit of the city's
Indebtedness be increased. AS the
constitution fixes the debt limit, the
legislature has no power to change it.
81 have merely given a general out
line of the powers of the legislature
with reference to the matters sug-
gested by the committee 1t is clear
that the legislature has power to give
some aid-the extent of that aid and
the purpose for which it may be legiti
mately given will depend very largely
upon the facts 20 be adduced upon
the hearings of such bills as may be
introduced 1t will be much better
to state the limits upon the legisla-
tive power with reference to the par
ticular bills introduced and after the
facts have become known than to at
tempt to state specific limitations at
this time"
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