Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1912-05-16

FRANCIS Z. M'GOVERN
Governor of Wisconsin
this law dealt thus awaits further Iegisla-
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 slIIiceS 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 DelIs
ana HaIneId, the Importance or this con
sideratiOn needs no argument. Privately
built and privately owned as these dams
We're, the public is now called upon to
foot the bill of expense incurred by reason
Of their faulty construction, while in ad-
dltlOn irrepaTabIe harm has been done to
innocent individuals and distant cOmmun-
ltIes. The incident is not isolated in the
history of the country and the lesson is
obvious. There should be no recurrence
OF 1t 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 vel
fare.
The second reason for legislation upon
| this subject at the present time is the de-
STABILITY of providing a 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.
| rms object can be accomplished by pro-
YldlnS 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 viii come about slow
"; 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
pOIlGy 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 a standstiu; at
least 10 permission has been granted by
the state to build q 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
uOeS hot interfere WIN 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
q basis that will prove just and fair to all.
l 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 Lad the mat
! ter under consideration and prepared I
! 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 for
the correction of unfair practices that had
grown up because of the lack of effective
! 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 q pioneer problem. The
| data as to existing conditions were frag-
mentaFy 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
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
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 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 l
| 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
| day of con gressiOnal district delegates to
| 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 9
law that will validate the nominations
made ard 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-
| ventioRS upon the official ballot be Sc
| 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 changed
/ 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 were entitled
to participate in the making of these nomi
nations. the official canvass had not beer
completed so as to permit the fact to bt
definitely determined. The proposed change