Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1912-05-07
MESSAGE SENT TO
THE LEGISLATURE
Gov. McG0vern Presents D0cu-
ment at Extra Session.
URGES AID TO FLOODED CITY
State Can Afford to Be Generous
in Giving ReIiefto Black River Falls,
Says acknowledgements
Made on Other Measures.

Says Executive-Rec Recommendations
Made on Other Measures.
Madison.-Gov. L. 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:
If faithful performance Of public duty
ever entities a legislature to official re-
pose after the close of its regular session,
you gentlemen of the legislature Of 1911
should be relieved from the obligation
of assembling again. 1t is no disparage-
ment of others to say that the work you
did here last year was greater in variety
ahd amount and transcends in importance
the achieyements OF any OF your prede,,
cessors. This work moreover was so well
and consctentiously 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 10
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
IL necessary for me TO convene you IN
special session.
RELIEF FOR BLACK RIVER FALLS.
On October 6. 1911, after week of ex-
cepttOnally heavy rains, the dams across
Black River in Jackson County at DelIs,
Hatfield and Black River Falls gave way
In rapid succession and the latter city was
oyerfiOwed. More than two thirds OF the
entire business section was almost instant
ly blotted out, many people were lett
homeless and property estimated at more
than half 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 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 I'M
til system of relief had beea organized
and the danger from the flood had passed.
Meanwhile Relief Committee was APP
pointed consisting of State Treasurer An
drew II. Dahl, George +. Cooper OF Black
River Falls, Eltinge Gilmore OF MilWau,
kee, r. l.. Van Gordon of Taylor ana
Major c. r. Williams of Camp Douglas
to receive contributions for the benefit or
those who were in immediate need. In
response to the solicitations of this com
mittee S42,3232i have been received
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.
coffer-da 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
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
food il was bonded to its full debt limit
Now after the loss OF so much property
it Is unable to raise any money what
ever. Its sewage system has been practi--
cally destroyed and unless soo1 repaired
will prove an increasing menace to health
as the season advances. There appears
IN no ri 10
construction of the dam now being built
TO furnish the city with light Snd power
In this situation the people OF Blaci River
Falls have turned to the state for aio ;
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
titute by the flood. Under the decision
of the Supreme Court of this state in the
case of State eX rel New Richmond vs.
Davidson, ia Wis. 500, 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 flood, repair the sewage
system and in other ways protect the
public health. Some have suggested that
the relief TO be afforded under this head
should be given by cancelfinE the indebt-
edness of the city to the trust funds of
the state. This Indebtedness. which
amounts to about $31. 00O, 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
The second ground upon which assist
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; 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-
plication to the state for financial assist
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 Ii would
meet the legal obstacle interposed by sec
ton 10 of article Nv 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. 1l5 Wis 32, a Portage levee
case, has held. But this legal difficulty
may be obyiated in the case of the re-
tanning wall at Black River Falls as It
has been twice obviated heretofore in the
case OF leyeeS at Portage by making the
appropriation from the drainage fund in
stead This is special fund derived from
the sale of swamp and overlooked lands
granted 10 the state by the federal govern
ment in the year 1850 for the construction
of necessary levees and drains to reclaim
the swamp and overlooked lands within
our borders. Investigation shows that there
are 2,l16 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. IL 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 gem
sral 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 retranSfer 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
be met wholly or partially from this
source. Any appropriation from this Spe-
cial fund the legislature may see fit To
make for the construction OF retaining
wall to reclaim and protect these lands al
err near Black River Falls would thus be
effective.
The Joint Committee on Finance has
considered these suggestions. has visited