Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1912-05-08


Governor of Wisconsin
this law dealt thus awaits further legisla-
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 sluices and spill
ways. in the interest of Improvement in
property. With the facts of the catas-
'trophe at Black River Fails still fresh in
the public mind caused as it was by the
breaking OF improperly built dams at Dells
and Hatfield. the Importance Of this con
slderation needs no argument. Privately
built and privately owned as these dams
were, the pubic Is now called upon &c
foot the bill of expense incurred by reason
or their faulty construction, while in ad
dition trreparabie harm has been done to
Innocent individuals and distant commun-
history Of the country and 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-
sirabthty of providing a way now for at .
tanning ultimate ownership and operation
Dy 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 IL shall have the constitutional power
70 acquire and operate them. Naturally
this transformation viii come about slow
ly but a 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 a multitude of private
anu local acts, is the desirability " 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 standstilf; at
least no permission has been granted by
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
il 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
bank of a river Is entitled to the use
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 q dam which may affect
navigation or eudanger the health life or
property of others without permission from
the state, eny 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
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 Join. Committee on Water
Powers and Conservation has had the mat
ter under consideration and is prepared
believe TO submit the result Of its deliber-
atoms to you.
WEIGHTS AND MEASURES.
The new weights and measures law,
chapter Sos 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
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 pioneer problem. The
data as TO existing conditions were frag-
mentary and there was considerable doubt
as to how the new Jaw would operate in
practice. In the main ii has worked Well
In some cases however complaints have
been made by producers and dealers 10
the effect that some of the provisions of
sections 1868 and 4432 impose unneces-
sary and unexpected hardship at this time
IaFtlcuiaflI IN the case OF perry boxes
and peach baskets they say they have not
had sufficient notice to enable them to
comply with the renn;rements of the new
law. As a rliIe these euR tainers are pur-
chased Ions 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
rzF
plants have received the careful consid-
GRAFTON Of the Dairy and Food Commits
sioner who has recommended amendments
to these sections which IL seems to NE
should be adopted They propose no abate-
meDt of the protective features of the law
but will relieve 1t of harsh and unneces-
sary requirements.
SALE OF PUBLIC LANDS.
In the enactment of Chapter ASP of the
Laws Of 1911 il 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
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 IL went into effect April l.
1912. introduced an element OF uncertainty
respecting the election on the following
day Of congressional 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 I recommend the enactment Of
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 50
amended as to remove all uncertainty ia
the future; and that the time for the meet
ing Of such delegates to nominate eandi-
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 a. 1t now is, the delegates OF
each political party met as required by law
but found that. although there was no seri-
Gus controversy as 20 who were entitled
to participate IN the making Of these norni-
nations the official canvass had not been
completed so as to permit the fact to be
definitely determined. The proposed change