Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1912-05-08
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 xecutive-Recom
Made on Other Measures.


Fellow Citizens of the Senate and AS
sembly:
If faithful performance of public duty
ever entities a legislature to ofhclaI 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 dlsparage-
ment of others to say that the WORK you
did here last year was greater IN variety
and amount and tranScendS In importance
the achievements of any OF your pfeue
cessOrs. This work moreover was so wen
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 maze
it necessary for me to convene you IN
special session.
RELIEF FOR BLACK RIVER FALLS.
On October 6, 1911, after a week of eX-
ceptionally 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
OverfOwed More than two-thlrdS OF Cne
entire business section was almost instant
ly blotted out, many people were leIt
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 Dusl-
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
command Of Major Williams they remained
at Black River Falls about two weeks un,
til a system of relief had been organized
and the danger from the flood had passed.
Meanwhile a Relief Committee was ap-
pointed consisting of State Treasurer An
drew II. Dahl, George f. Cooper of Black
River Falls, Eltinge Gilmore OF MllWau5
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 $42,323.21 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. A
Golfer dam and retaining wall were built
and by these means the current or Black
River has been turned back into its old
channel. But the city is sadly in need or
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
it is unable to raise any money what
ever. It's sewage system has been practi-
cally destroyed and unless soon repaired
Will prove an increasing menace 10 uedlLu
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
Falls 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
heads.
First is a request for assistance for
-l,O# hor
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. 563, there can be little
doubt that the Legislature has power law
fully so appropriate money for this pur-
pose. So also may public money be eX-
scattered by the flood, repair the sewage
system and in other ways protect the
public health. = Some have suggested that
the relief 80 be afforded under this head
edness of the city to the trust funds of
the state This Indebtedness, which
amounts tU 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
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
err is public. The legislature has no au-
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 it 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 a party
provement." The Supreme Court of this
state in the case of State ex rel Jones VS..
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 overfowed lands
granted to 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 2,116 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 m les; "a 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 it 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 a retaining
wall to reclaim and protect these lands at
or near Black River Falls would thus be
effective.
The Joint Committee on Finance has
considered these suggestions. has visited