Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1912-04-03
Says state May Pay FLOOD Damages

sent Governor McGovern an opin-
ion regarding the power of the
legislature to render some as
sistance TO the city of Black
River Falls, which is the principal
purpose for which the legislature was
called to meet in special sessions
here on April 80
The attorney general rules that the
legislature may lawfully cancel the
debt of $4,000 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. II 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 local purpose. The opinion OF
the attorney general outlining the
power of the legislature on this sub
iect 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 lndebt
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.
Il understand that the city of Black
River Falls is indebted to the trust
funds of the state in the sum of about
$S1 600, 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
of the city TO such funds cannot be
Cancelled without replacing in said
funds a of
ness
AN Appropriation for the mainten-
ance Of the public schools is for
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
Tn 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
II. 1t is very clean 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 none, or re
building this dam, unless Ii can be
shown that Il would come within the
\ terms of the swamp and overnowed
lands act
"A further suggestion lof the com.
mittee is that the limit OF the citys
! Indebtedness be increased. AS the
constitution fixes the debt limit, the
legislature has no power to change ii.
Il have merely given general out.
line of the powers of the legislature
with reference to the matters sug-
| gested by the committee. II is clear
that the legislature has power TO give
| some aid-the extent of that aid and
the purpose for which 1t 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 IL will be much better
TO state the limits upon the leglsla.
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 al
4 this time"