Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1912-04-03
Says State May Pay Flood Damages.

here on April 80.
The attorney general rules that the
| legislature may lawfully cancel the
debt of s31 900 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-
/ ton of the public health. 1t may also
appropriate money from the drainage
| fund for building a retaining wall
| along the river and other reclamation
purposes on the theory that such
| 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 a 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 PEG
| pie of Black River Falls, and have
| submitted for my consideration the
recommendations 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 its indebt
edness.
Relief 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 floods.
81 understand that the city of Black
River Falls is indebted to the trust
| funds of the state in the sum of about
| S31 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
|
! Cancelled without replacing in said
| funds the amount Of such indebted
ness
'An appropriation for the mainten-
ance of the public schools is for a
! 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.
I'm my opinion the only theory
upon which an appropriation for build
| ing a 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 overfiowed 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.
-''In 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.
Il 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 to 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"