Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1912-05-03

FRANCIS E. MGOVERN
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 is
! desirable 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 sluces and spill
ways, in the interest of Improvement in
navigation and safety to life, health and
property. With the facts of the catas-
\ tFOphe 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
built and privately owned as these dams
were, the public is now called upon to
foot the bill of expense incurred by reason
Of their faulty construction, While IN ad-
dition irreparable harm has been done to
innocent individuals and distant commun-
titles. The incident is not isolated in the
] history of the country and the lesson is
of it in Wisconsin. In the exercise or It's
police power the state has ample authority
| to regulate the whole subject in the inter
/ est of public safety and the general wei
| fare.
The second reason for legislation upon
| this subject at the present time is the de-
l
! 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-
viding just and satisfactory means for the
condemnation of dams, water power sites
| and riparian rights by public utilities,
municipalities and the state itself when
ever it shall have the constitutional power
| to acquire and operate them. Naturally,
| this transformation will come about slow
ly: but beginning should be made now.
no ri al m in g.
| sage of a general law for tbs regulation
| of water powers in lieu of the former
policy of enacting multitude of private
and 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 a standstlll; at
| least no permission has been granted by
the state to build dam during this time.
| This delay may have been unavoidable
while the people We're 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 a policy and giving
it 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 pubic
rights. But he may not intrude into the
+ stream to build a dam which may affect
navigation or endanger 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
a 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 fol
the correction of unfair practices that had
grown up because of the lack Of effective
public regulation. The legislative prob
lem then presented was how to protect the
! public and secure fair dealing in trade
| with the least hardship to producers and
Dealers 1t 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
/ bought separately. 1t appears also that
some of the provisions of the sections just
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
| sioner 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.
Il 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 50 as TO ex,
been made to the land commissioners un
der circumstances which Justify an infer
/ ence that many parcels q PUBIC nc lane
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.
| tIlo DfOVlS1On Ol Tie uCN dppOTt1OumtH
act whereby it went into effect April 1
1912, introduced an element of uncertainty
respecting the election on the following
dav of congressional district delegates tt
| national conventions and the nomination
and election of members of this Legislature
chosen to fill vacancies There has alst
been some conflict of opinion as to wha
is the proper method under existing law
of placing the names of candidates fo
delegates to national conventions upon TIN
Official ballot To set all such questions
at rest 1 recommend the enactment of
law that will validate the nominations
made and elections held on April End O
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
MENTIONS upon the official ballot be S,
amended as to remove all uncertainty il
the future and that the time for the meet
4 ing of such delegates TO nominate candi
dates for presidential electors be change,
from the third Tuesday in April to tn
| third Tuesday in September. or some othe
, | aorx7onionf time In attomDtinU TO cOmDl,