Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1912-05-03
MESSAGE SENT TO
THE LEGISLATURE
Gov. MCGovern Presents Docu-
ment al Extra Session.
URGES AID TO FLOODED CITY
State Can Afford to Be Generous
in Giving Relief to Black River Falls,
Says Executive-Recommendations
Made on Other Measures.

Madison.-Gov. L. E. McGovern's
message, delivered to the Wisconsin
Legislature at the special session con-
yening on April 30, is as follows:
Fellow Citizens of the Senate and As
sembly:
If faithful performance Of public duty
ever entities Legislature to official re-
nose after the close of its regular session,
YOU gentlemen of the legislature OF 1871
should be relieved from the obligation
of assembling again. 1t is no disparage-
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 prede-
cessors This work moreover was so we'll
and conscientiously done as to evoke inn
mediate, widespread and general approval.
Tested therefore by the value of the serv
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 made
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
overdowed More than two-thirds of the
entire business section was almost instant
~ blotted out, many people were left
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 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
at Black River Falls about two weeks I'M
til a system of relief had been organized
and the danger from the flood had passed
Meanwhile a Relief Committee was APP
drew II. Dahl. George Il. Cooper of Black
River Falls, Eltinge Gilmore of Milwau
kee B. l.. Van Gorden 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. A
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
aGa by these means the current of Black
River has been turned back into its old
chaREel. But the city is sadly in need of
assistance. The Improvements now being
constructed by the Relief Committee can
no. 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
food it was bonded to its full debt limit
Now after the loss of so much property
II Isl unable TO raise any money what
ever. Its sewage system has been practi-
cally destroyed and unless soon repaired
viii 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
10 furnish the city with light and power.
In this situation the people of Black River
Falls have turned to the state for aid;
ana 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
those who we're rendered homeless or des-
utute by the 1ood. Under the decision
OF the supreme Court of this state in the
case of State ex rel New Richmond VS.
Davidson, ia Wis. 500. there can be little
doubt that the legislature has power law
Iaiiy 70 appropriate money for this pur-
pose, SO also may public money be ex-
pended 70 gather up and remove debris
scattered by the flood, repair the sewage
system and i'll other ways protect the
public health. Some have suggested that
the relief to be afforded under this head
should De given by cancelling the indebt-
edneSs of the city to the trust funds of
me state. This Indebtedness, which
amounts to about $4,000. cannot how
ever be RENTED or reduced without at
me same time transferring an equal sum
t rom which the loan was made as the lat
Ter must be kept intact 1t should be
borne IN mind also that no appropriation
ana no transfer can be made from the
a public one.
The, second ground upon which assist
S edb mas been asked is to support the
SCHOOLS and rebuild the business norton
81 the city. Looked at from the stand
point of the expenditure of the money of
me state the first of these purposes is To-
Alry, ,-fr- osNI
fb Is public. The legislature has no au-
ttaonty therefore to make an appropriation
ioT either OF these objects.
Inc lnlfd and remaining basis for an
phcation to the state for financial assist
anee ~ the necessity of a retaining wall
a Trog the river bank east of the city to
lure lure. Were this proposal to appropriate
money from the general fund it would
meet the legal obstacle interposed by sec
etoh 10 of article " of the Constitution
Of Wisconsin which prohibits the state
IL rom contracting any debt or being a party
"a carfylng ON any work of internal i'm
ptt9.ement The Supreme Court of this
eetdte , IN the case of State ex rel Jones VS..
aaoehch, ll5 Wis. 32. a Portage levee
case' mas so held. But this legal difficulty
4 nay De obyiated in the case of the re-
lining wall at Black River Falls as it
nas been twice obviated heretofore in the
$50 OF ieyees at Portage by making the
ss4kIp 9r, from the drainage fund in
stedh.. Ih1s is special fund derived from
ene sale of swamp and oyerhowed lands
granted to the state by the federal govern
dseht IN the year 1850 for the construction
~ necessary levees and drains to reclaim
rne swamp and overlooked lands within
Ut at borders. Investigation shows that there
- - z'4l6 quarter quarter sections of such
I1snus within Jackson county, of which
IA, river Falls Is the county seat Four
~, ,egn sueh forty acre tracts lie within one
~ sI'ie OF the city; 20 are within two miles:
- are within three m les; 50 are within
ut mics; SO are within five miles; I59
Tnt within six miles; PIT are within seven
1TitSssi 20 are within eight miles: 37l are
wt5'hlh nine miles and 459 are within ten
~ -i -, It Is true that at present the great
boruoh OF the money belonging to the
IN mage Iund was years ago transferred
~ an act Of the Legislature to the gen
a. "a, Iand Whether this transfer be legal
fr,,I Iot y was plainly not required by the
49, 49, Impressed upon these funds BY the
fItal grant To the extent that such
aus aus may at any time be needed for the
slc phShment of the purpose for which
So were originally set aside there can
,e,- mite doubt that the legislature has
a. -, 70 retransfer such portion of them
6sa nav De necessary from the general fund
~ hn nIo The drainage fund The expense
h Uunulng retaining wall could then
soprn le1 wholly or partially from this
cisI any appropriation from this spe-
rnSt ls sd the legislature may see ft to