Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1912-05-03

First is the need of public control Of
the location. Constructions. 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 TINS 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 i'll ad-
dition irreparable harm has been done to
innocent individuals and distant conmun-
tiles. The incident is not Isolated in the
history of the country ana 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 wei
fare
The second reason for legislation, upon
this subject at the present time is the de
STABILITY of providing 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
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
The third argument in favor Of the pas
sage of a general law for the regulation
of water powers in lieu of the former
policy of enacting q 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 standstill; at
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the state to build a dam during this time.
This 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 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
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 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
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 it's 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 public demand for
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 a 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 well.
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 a 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
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
ment of the protective features of the law
but will relieve it of harsh and unneces
sary requirements.
SALE OF PUBLIC LANDS.
In 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. I
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 went into effect April l.,
1912, introduced an element of uncertainty
respecting the election on the following
national conventions and the nomination
and election of members of this legislature
chosen to 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 l recommend the enactment of a
law that will validate the nominations
made and elections held on April End 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 to remove all uncertainty in
the future; and that the time for the meet
ing of such delegates to nominate candi-
dates for presidential electors be chan ged
from the third Tuesday in April to the
third Tuesday in September, or some other
convenient time. In attempting to comply
with the law as it now is. the delegates of
each political party met as required by law
but found that, although there was no seri-
Gus controversy as to who We're entitled
to participate in the making of these nomi-
nations, the official canvass had not been
completed so as to permit the fact to be
definitely determined. The proposed change.
by extending the time in which the canvass
may be made, will obviate this difficulty
1t might be well also to provide that presi
dental electors should be nominated here
after by the members of the PLATFORM con
vention of each party instead of by the
doloOatac n tho national conventions