Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1912-05-08
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 ACKNOWLEDGEMENTS
Made on Other Measures.

Madison.-Gov. L. E. McGoyern's
message, delivered to the Wisconsin
Legislature at the special session con
vening on April 30, is as follows:
Fellow Citizens of the Senate and AS
If faitaiai performance of public duty
ever entities a legislature to Otnelal re-
pose after the close of its regular session,
you gentlemen of the legislature of 1911
should be relieved from the obligation
ment of others to say that the work you
Iid here last year was greater In variety
and amount and transcends in Importance
the achievements of any of your prede,,
cessors. This work moreover was so well
and conscientiously done as to evoke I'M
mediate, widespread and general approval.
Tested therefore by the value of the sery-
Ice rendered you are clearly entitled TO
exemption from further call. But unfor-
tunately this is not the sole criterion {;
emergencies Unforeseen by anyone at the
time OF your last adjournment have made
1t necessary for me to convene you in
special session.
RELIEF FOR BLACK RIVER FALLS.
On October 6. 1911. after a week of ex-
ceptlonaily heavy rains, the dams across
Black River in Jackson County at Dells,
Hatfield and Black River Falls gave way
In rapid succession and the latter city was
overlooked. More than two-thirds of the
entire business section was almost instant
homeless and property estimated at more
than half a million dollars in value was
destroyed. The river left its customary
channel undermined the lower portion of
the city and swept away not only the
buildings that marked the principal bust
ness center but also the very ground upon
which they stood. Two companies OF the
National Guard were Immediately 0ruered
to the flooded district to preserve order
and protect life and property. Under the
command Of Major Williams they remained
aE Hal utyaa
til system of relief had been organized
and the danger from the food had passed.
Meanwhile a Relief Committee was ap-
pointed consisting of State Treasurer An
drew Fl. Dahl, George F. Cooper of Black
River Tails, Eltinge fillmore of Milwau-
kee, b. l.. Van Gordon of Taylor and
Major c. r. Williams of Camp Douglas
TO receive contributions for the benefit of
those who were in immediate need. In
response to the solicitations of this COM
mittee s42,323.21 have been received. A
portion of this fund was expended from
day to day for the relief OF destitutiOn and
the construction of works to protect the
city from further imminent disaster. A
coner-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
flood it was bonded TO its full debt limit.
Now after the loss of so much property
II is unable to raise any money what
cally destroyed and unless soon repaired
will prove an increasing menace to health
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
Fails 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
First is a request for assistance for
those who were rendered homeless or 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. 563, 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 mp and remove debris
scattered by the food. repair the sewage
public health. Some have suggested that
the relief to be afforded under this head
should be given by eaneelling 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
from which the loan was made as the lat
ter must be kept intact. 1t should be
borne in mind also that no appropriation
and no transfer can be made from the
general fund for any purpose other than
a public one.
ance has been asked is to support the
schools and 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: neith-
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 a retaining wall
protect it from further injury in the fu-
ture Were this a proposal to appropriate
money from the general fund 1t would
meet the legal obstacle interposed by sec
tion 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. lis Wis, 80, 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 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 a special fund derived from
the sale of swamp and overflowed lands
granted to the state by the federal govern
nent in the year 1850 for the construction
of necessary levees and drains to reclaim
the swamp and overtlowed lands within
our borders, Investigation shows that there
are Ais 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; 81 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 at 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 IL 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 to retransfcr such portion Of them
as may be necessary from the general fund
back into the drainage fund The expense
of building a retaining wall could then
source ANY approp riatiOn from this spe-
make for the construction of 8 retaining
wall 10 reclaim , ana protect these lands at
or near Black River Falls would thus be
effective
The Joint Committee on Finance has
considered these suggestions. has visited