EXECUTIVE COMMUNICATIONS. STATE OF WISCONSIN, Executive Department. MADISON, Wis., May 6, 1903. To The Honorable, The Legislature: The plant for lighting and ventilating the capitol building has been completed by the contractors and accepted by the supervising engineers in behalf of the state, as certified to the executive under date of April 29th, 1903. In the first message from the executive to your honorable body it was set forth that this work should have been completed under the contract by December 1st, 1902, and that delays were caused by inabil ity of sub-contractors to secure material from the manufact urers. Under the terms of the contract, approved by the executive, for the state, it was provided that the contractors should forfeit twenty-five dollars as damages for each day's delay after the expiration of the time when it was contracted that the work should be completed. The money to be forfeited by the contractor in the enforcement of this clause amounts to three thousand, one hundred and seventy-five dollars. The supervising engineers in charge of the work have certified to the executive in writing that "The delay in completing the work is not due to any negligence or fault on the part of the general contractors, the Mueller Company of Milwaukee. From personal knowledge acquired by a visit to the factory where the boilers were made, one of the undersigned acquired the positive knowledge that the delay in delivering these boilers was due to the boiler company and not to the Mueller Company. The same facts are true with reference to engines and dynamos, and we feel that it is only just to the Mueller Company to state that the long delay was due to causes entirely beyond their control.” In the opinion of the attorney general, the law under which this contract was authorized to be made by the executive in behalf of the state, vests no authority outside of the legislature in any of the officers of the state to waive the provisions of the contract relative to these damages. Being convinced that the delay in the completion of the work is due to no fault or negligence on the part of the contractors with the state, I present these facts for your consideration and such action, if any, as in your judgment may be warranted to relieve the contracting company from this provision of the contract prior to a final settlement with them by the state. Respectfully submitted, ROBERT M. LAFOLLETTE, Governor. EXECUTIVE COMMUNICATION CONSIDERED. The communication of the governor, dated May 6, 1903, was referred to committee on Judiciary. Upon motion of Senator Green, Consideration of the veto of the governor of No. 216, S., A bill to amend chapter 265 of the laws of 1898, relating to a pension fund for members of the police department in cities. of the first class, Was deferred until Wednesday morning, May 13th. MESSAGE FROM THE ASSEMBLY. By C. O. MARSH, chief clerk thereof. Mr. PRESIDENT: I am directed to inform you that the assembly has concurred in, No. 25, S., A bill to authorize G. W. Heneka and C. W. Fowell, their heirs and assigns, to raise, build and maintain a dam across the Kickapoo river at the village of Readstown, county of Vernon, in township No. 11 north, of range 3 west, No. 121, S., A bill to provide for the sanitary regulations of bakeries and other establishments for the manufacture of bread and other food products, No. 155, S. A bill to authorize John Woodlock, his associates, successors, heirs and assigns, to build and maintain a dam across the Tomahawk river in Vilas county, No. 365, S., A bill to amend section 1 of chapter 185 of the laws of 1901, entitled, "An act authorizing F. W. Epley, his successors and assigns, to maintain a dam on Apple river in St. Croix county." And has non-concurred in Jt. Res. No. 20, S., Joint resolution authorizing chief clerks to have printed additional coples of all bills, joint resolutions, etc. Jt. Res. No. 22, S., Joint resolution to provide sufficient help to do the work of the senate with dispatch. And refuses to recede from its position heretofore taken, and asks for a committee of conference, on No. 43, A., A bill to provide a contingent fund for the prevention of bubonic plague, Asiatic cholera and other dangerous contagious diseases, and providing for an appropriation. Has appointed as such committee on part of assembly, Messrs. Whitson, Cady and Wallrich. Has, passed and asks concurrence in, No. 564, A., A bill to create a municipal court in the county of Brown and the city of Green Bay. And has non-concurred in No. 140, S., A bill to amend section 2233c of chapter 116, of the statutes of 1898, relating to juries, No. 147, S., A bill to amend section 2358 of the statutes of 1898, relating to the trial and entry of judgments in divorce actions, No. 187, S., A bill to amend section 2014-5 of the statutes of 1898, relating to loans secured by mortgages made by loan and building associations, No. 261, S., A bill to prevent the disinheritance of a non-compos mentis, incompetent, or decrepit child, Has concurred in senate amendments to No. 151, A., A bill relating to the incorporation of mutual fire insurance companies in cities and villages, and amendatory of section. 1941-1, statutes of 1898, No. 178, A., A bill amendatory of section 789 of the statutes of 1898, relating to special town meetings, No. 383, A., A bill to authorize Frank J. Kipp, his successors or assigns, to construct and maintain a dam across White river in the county of Waushara, No. 488, A., A bill creating and enacting a new section of the statutes of 1898, to be known and designated as section 925i, and adding said section to said statutes of 1898, relating to the division of taxes between newly incorporated towns and villages ASSEMBLY MESSAGE CONSIDERED. No. 564, A., Was read a first and second time, and Referred to committee on Judiciary. No. 43, A., Was deferred until tomorrow morning's session. No. 50, S., A bill to amend the law for the funding and refunding of city No. 92, S., A bill changing the times of holding general terms of circuit No. 105, S., A bill to amend section 926-11 of the statutes of 1898, re- A bill to amend section 1319 of the statutes of 1898, relating No. 358, S., A bill to amend section 2431 of the statutes of 1898, relating Were severally concurred in. Upon motion of Senator Whitehead, No. 330, S., A bill relating to property exempt from taxation and amend- Was laid over until this evening's session. RESOLUTIONS CONSIDERED. The question being, Shall Jt. Res. No. 11, S., Joint resolution relating to the building of good roads, The ayes and noes being demanded, it was decided in the af- Ayes-Senators Beach, Bird, Burns, Eaton, Gaveney, Green, Noes-Senators Hagemeister, Hatten, Hudnall, Johnson, Mar- tin, McGillivray, Morsè, Munson, Rogers, Stout, Wipperman and Wylie-12. Absent or not voting-None. Upon motion of Senator Whitehead, Jt. Res. No. 28, A., Joint resolution providing for an amendment to section 1, article 8 of the constitution, relating to taxation, Was referred to committee on Assessment and Collection of Taxes. BILLS READY FOR A THIRD READING. No. 133, S., A bill amending section 925-25 of the statutes of 1898, as amended by chapter 60, laws of 1901, relating to the election of officers, No. 380, S., A bill to amend subdivision 2 of section 9 of chapter 439, laws of 1901, relating to special state aid for graded schools, No. 381, S., A bill relating to assessments, and amendatory of sections 1056 and 1061, statutes of 1898, No. 382, S., A bill to amend subdivision 3 of section 1102, statutes of 1898, relating to proceedings for the collection of taxes by distress, No. 383, S., A bill to amend section 851 of the statutes of 1898, relating to the compensation of assessors in towns, No. 385, S., A bill to make a record of the termination of life estates and of the survivorship of tenants by the entirety, No. 387, S., A bill to authorize E. T. Harmon, his heirs, associates and assigns, to build and maintain a dam across the Chippewa river in section twenty-three (23) or section twenty-six (26), in township thirty-eight (38) north, of range seven (7) east, in Sawyer county, Wisconsin, for the purpose of improving the navigation of said river and creating hydraulic power, No. 388, S., A bill to amend section 1966–25 and 1966--27 of the statutes of 1898, relating to casualty, credit, title and surety insurance, No. 390, S., A bill to provide for certain corrections in the books of the state treasurer, Were severally read a third time and passed. |