The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1912-05-09

FRANCIS E. MGOvERN
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
m a and ssesy to fe health and
property. With the facts of the catas-
trephe at Black River Falls still fresh In
the public mind, caused as 1t was by the
breaking Of Improperly built dams at Dells
and Hatf1eld, the importance Of this con
sideration needs no argument. Privately
built and privately owned as these dams
were the public is now called upon to
OF their faulty construction, while In ad-
dition trreparahie harm has been done to
! innocent individuals and distant commun-
| tiles. 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 well
| fare.
| The second reason for legislation upon
this subject at the present time Is the de-
| STABILITY OF providing 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.
| 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 it shall have the constitutional power
| to acquire and operate them. Naturally,
this transformation will come about slow
| ly; but beginning should be made now.
sage of general law for the regulation
OF water powers In lieu of the former
policy of enacting q multitude of private
and local acts, Is the deslrabiity of prompt
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 standstin; at
| least no permission has been granted by
the state to build 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 policy and giving
1t 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 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 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
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.
| I 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 had the mat
| ter under consideration and is 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
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
data as to existing conditions were frag-
| mentary and there was considerable doubt
as to how the new law would operate in
practice. In the main 1t has worked well,
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.
and peach os56ets they say they have not
had sufficient notice to enable them to
comply with the requirements of the new
law. AS 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
mentioned are unnecessarily severe, and
that there is uncertainty and ambiguity in
some Of the penalties imposed These com
| plants have received the careful consld-
Grafton of the Dairy and Food Commits
| sioner who has recommended amendments
to these sections which It seems to me
should be adopted. They propose no .abate-
| ment 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 452 of the
Laws Of 1911 1t 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
poses other than immediate settlement. I
| 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 apportonment
act whereby 1t went into effect April I,
| 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 | recommend the enactment of a
| 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
| venti0ns upon the official ballot be 80
| 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
| 0us controversy as to who were entitled