Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1912-05-03
dov. Mc6overn Presents Docu-
ment at Extra Session.
URGES AID TOFLO0DED CITY
State Can Afford TO Be Generous
in Giving Relief to Black River Falls,
Says Executive-Recommendations
Made on Other Measures.


Legislature at the special session con-
Vening on April 30, is as follows:
Fellow Citizens Of the Senate and AS
serbly:
If faithful performance of public duty
ever entities a legislature to official 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 disparage-
ment of others to say that the work you
dld mere last year was greater in variety
ana amount and transcends in Importance
cne acheHements of any OF your prede11,
cesSofs. Th1S work moreover was so well
ana consc1entfouSly done as to evoke I'M
mediate, widespread and general approval
rested therefore by the value of the sery-
exemption from further call. But unfor-
tunately this is not the sole criterion;
emergencies unforeseen by anyone at the
time or your last adjournment have made
1t necessary for me to convene you in
special session.
RELIEF FOR BLACK RIVER FALLS.
On October 6, 1911, after week Of ex-
Ceptlonally heavy rains, the dams across
Black River in Jackson County at Dells
Hatfield and Black River Falls gave way
an rapid succession and the latter city was
overlooked More than two-thirds of the
entire business section was almost instant
~ 6iotsed out many people were ef lers
than half million dollars in value was
destroyed. The river left it's customary
channel, undermined the lower portion OF
the city and swept away not only the
buildings that marked the principal bust
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
and protect life and property. Under the
command OF Major Williams they remained
til a system of relief had been organized
and the danger from the flood had passed
Meanwhile Relief Committee was ap-
pointed consisting of State Treasurer An
drew III. Dahl, George f. Cooper of Black
River Falls, Eltinge Gilmore of Milwau-
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 $42,223.21 have been received.
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 of Black
River has been turned back into it's old
channel But the city is sadly in need of
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
Itself is apparently helpless. Before the
flood it was bonded to its full debt limit
Now after the loss of so much property
1t is unable TO raise any money Wnat-
ever. It's sewage system has been practi-
cally destroyed and unless soon repaired
will prove an increasing menace to health
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.
II,
First is a request for assistance for
those who were rendered homeless or des-
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. $50, there can be little
fully to appropriate money for this pur-
pose. SO also may public money be eX-
pended to gather up. and remove debris
scattered by the food, repair the sewage
system and in other ways protect the
public health. Some have suggested that
the relief to be afforded under this head
should be given by cancelling the indebt-
edacss Of the city to the trust funds of
the state This Indebtedness, which
amounts to 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
ter must be kept intact. 1t should be
borne in mind also that no appropriation
and no transfer can be made from the
general fund for any purpose other than
a public one.
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
er is public. The legislature has no au-
thority therefore to make an appropriation
for either of these objects.
The third and remaining basis for APP
plication TO the state for financial assist
anee is the necessity of a retaining wall
along the river bank east of the city to
protect it from further injury in the fu-
fure. Were this a proposal to appropriate
money from the general fund it would
meet the legal obstacle interposed by sec
ton 10 of article " of the Constitution
of wisconsin which prohibits the state
from contracting any debt or being party
provement." The Supreme Court of this
state in the case of State ex rel Jones VS..
Froelich, lis Wis. 80, Portage levee
case, has so held. But this legal difficulty
may be obviated in the case of the re-
tanning wall at Black River Falls as 1t
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 overlooked lands
granted to the state by the federal govern
of necessary levees and drains TO reclaim
the swamp and overlooked lands within
orr borders. Investigation SHOWS tnat there
are 9I16 quarter quarter sections of such
lands within Jackson county, OF which
Hack River Falls is the county scat. Four
teen such forty acre tracts lie within one
mile of the city; 20 are within two miles;
81 are within three III les; 81 are within
four miles; SO are within five miles; 159
are within six miles; 217 are within seven
miles: 29T are within eight miles; 81 are
within nine miles and 459 are within ten
miles 1t is true that at present the great
or norton of the money belonging TO the
drainage fund was years ago transferred
nv an act OF the legislature to the gen
eral fund Whether this transfer be legal
or not it was plainly not required by the
ttust impressed upon these funds by the
aderal grant To the extent that such
ft,nds may at any time be needed for the
accomplishment of the purpose for which
they were originally set aside there can
he little doubt tat the legislature has
newer to retransfer such portion of them
&c may be necessary from the general fund
hack into the drainage fund. The expense
Of building a retaining wall could then
he met wholly o. partially from this
source Any appropriation from this spe-
cial fund the legislature .aay see tit to
make for the construction OF retaining
wall to reclaim and protect these lands at
or near Black River Falls would thus be
The Joint Committee ON Finance has
considered these suggestions has visited