La Crosse County, Wisconsin - The whole text, 1881 (part 10 of 16)
From History of La Crosse County, Wisconsin : Containing an Account of Its Settlement, Growth, Development and Resources : an Extensive and Minute Sketch of Its Cities, Towns and Villages-their Improvements, Industries, Manufactories, Churches, Schools and Societies : Its War Record, Biographical Sketches, Portraits of Prominent Men and Early Settlers : the Whole Preceeded by a History of Wisconsin, Statistics of the State, and an Abstract of Its Laws and Constitution and the Constitution of the United States, published 1881. 15,891 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
14 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- Mkan Strenctu
- Mean Stkk.Ngiu Fort Ckawfoud
- Table Kxhibiting The Ratio Of Sickness
- Electors And General Elections
- Common Schools
- Assessment And Collection Of Dlstuict Taxes
- Assessment Of Taxes
- Abstkact Of Laws. 2G&
- Collection Of Taxes
- Abstract Of Laws
- Intoxicating Liquors
- Hours Of Labor
- Abstuact Of Laws
- Title To Real Property By Descent
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
The text
15,891 wordsMachine-read from scans of History of La Crosse County, Wisconsin : Containing an Account of Its Settlement, Growth, Development and Resources : an Extensive and Minute Sketch of Its Cities, Towns and Villages-their Improvements, Industries, Manufactories, Churches, Schools and Societies : Its War Record, Biographical Sketches, Portraits of Prominent Men and Early Settlers : the Whole Preceeded by a History of Wisconsin, Statistics of the State, and an Abstract of Its Laws and Constitution and the Constitution of the United States, published 1881. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
One of , the j)rincipal reasons for gathering climatological observations, is to obtain sanitary information, which serves to show us where man may live with the greatest safety to his health. Every countr)-, we might perhaps correctly say every state, has, if not its peculiar diseases, at least its peculiar type of diseases. And by nothing is either this type or vai;ety of disease so much influenced as by climate. Hence the great importance of the study of climatology to health and disease, nay, even to the kind of medicine and to the regulating ut the dose to be given. It is, however, best to caution the reader that these meteorological observations are not always made at points where they would most accurately the salubrity of a geographical district, by reason of the fact that the positions were chosen not for this s[jecial purpose, but for purely military purposes. We allude to the forts of \\'isconsin, from which our statistics for the most part come. Another caution it is also well to bear in mind in looking over the class of diseases rejiortcd at these stations in connection with their observations. The diseases are those of the military of the period, a class from which no very favorable health reports could be expected, considering their habits, ex[>osure, and llie influences incidental to frontier life.
The geography of disease and climate is c)f special interest to the public, and a knowledge especially necessary to the state authorities, as it i^ only b)' such a knowledge tiiat state legislation can possibly restrain or root out the endemic diseases of the state. In connection with the gathering of vital statistics must go the collection of meteorological and topographical statistics, as without these two latter the former is comparatively useless for sanitary purposes. More particularly does this apply to the malarial diseases of the state.
Acclimation is very rarely discussed or even alluded to liy our people in rel.ition to \\'isconsin, fur the rea-^on that, come from whatever part of Europe men may, or Irtim the e.istern states, acclimaticm is ai quired for the most part unconsciously, rarely attended by an)' malarial affection, unless by exposure in such low, moist localities, where even the natives of the state could not live with impunity. It seems to be well enough established that where malaria exists, whether in London, New York, or ^\'iscDnsin ; where the causes of malarial disease are permanent, the effects are permanent, and that there is no positive acclimation to malaria. Hence it should follow that since life and malaria are irreconcilable, we should root out the enemy, as we readily can by drainage and cultivation, or, where drainage is impossible, by the planting of those shrubs or trees which are found to thrive best, and thereby prove the best evaporators in such localities. Our climate, approximating as it does the 45th degree (being equi-distant from the equator and pole), would a pi iori be a common ground of compromise and safety, and from this geographical position is not>liable to objections existing either north or south of us.
Our population is of such a confessedly heterogeneous character that naturally enough it suggests the question : Has this intermingling of different nationalities sensibly affected our health conditions .' Certainly not, so far as intermarriages between the nations of the Caucasian race arc concerned. This opinion is given first upon the fact that our classes of diseases have neither changed nor increased in their intensit)- by reason of such admixture, so far as can be learned by the statistics or the history of disease in the northwest. Imported cases of disease are of course excepted. Second, because all that we can gather from statistics and history concerning such intermingling of blood goes to prove that it is beneficial in every respect, physically, mentally and morally.
England, of all nations, is said to be the best illustration of the good attending an intermingling of the blood of different nations, for the reason that the English character is supposed to be, comjiaratively speaking, good, and that of all countries she has been perhaps more frequently invaded, and to a greater or less part settled by foreign peoples than any other.
From a residence of nearly a quarter of a century in the center of A\'i3consin, and from an adequate knowledge of its people, whose nationalities are so various and \\hose intermarriages are so common, it is at least presumable that we should have heard of or noted any peculiar or injurious results, had any such occurred. None such, however, have been observed. Some fears have been expressed ccmcerning the influence of Celtic blood upon the American temperament, already too nervous, as is alleged. It is scarcely necessary to say that these fears are unsupported by figures or facts. Reasoning from analogy, it would seem safe to affirm diat the general intermingling by intermarriage now going on in our population, confined to the Caucasian nationalities, will tend to preserve the good old Anglo-Saxon character, rather than to create any new character for our people. If this view needed supjjort or confirmation, it is to be found in some very interesting truths in relation to it. Mr. Edwin Seguin, in his work on Idiocy, lays special stress on the influences of races in regard to idiocy and other infirmities, like deafness. He sa) s that the trossing cif r.u e--, whi( h contributed to the elimination of some vices of the blood (as may be the case in the Uniteii States, where there are proportionaih less deaf and dumb than in Europe), jirodiues a favoralile effect on the health of the ].ioi>ulation, and cites as an example, Belgium, which lias fewer deaf and cluinb th.in any country in Euroi'e, owing to the influence of the crossini;' of races in jiast ages truiii the crowds of northern tribes passing', mingling and partly settling there on the Way to I'-ngLiiul.
\Ve are aware th.it it has been predicted that our future will give us a ««<- /t/r', distinct from all other people^, and that with this t_\ pe must come not only new diseases but modifications or aggra\ .itiuns of the ['recent iliseasc^, in particular, consumption and insanity. I'.ut so long as We are in a furmalixe state as a n.iliijii, and that this state seems likely to continue so kuig as tile country has land-, to be (x cupied and tlieie are people in Eur<<pe to occupy them, such speculations can be but of little \-alue.
The two chief factors of the social and sanitary well-being of a peojjle are a proper education of the man and a proper cultivation of the soil. Our two principal occupations in Wisconsin are education and ajrriculture, the learners in the schools beiny; in excess of the laborers on the soil. A happier combination could scarcely be desired, to form an intelligent and a healthy people. How this will affect our habits in the future it is easy to conceive, but tor the present it may be said (of so many difierent nationalities are we composed), that we have no habits wliicli serve to distinguish us from the people of other northwestern states. A well-fed and a well-taught people, no matter how mi.xed its origin, must sooner or later become homogeneous and a maker of customs. In the mean time we can only sjieak of our habits as tho=e of a people in general having an abundance of food, though it is to be wished the workers ate more beef and mutton, and less salt-purk, and that wliisky was less plentiful in the land. The clothing is sufficient, fuel is cheap, and the dwellings comfortable. Upon the whole, the habits of the people are conducive to health. It is thought unnecessary to refer to the influence ujion health in general of other occupations, for the reason that manufacturers, traders and transporters are for the most part localized, and perhaps not sufficiently numerous to exercise any marked influence on the state health.
In searching for historical data of disease in Wisconsin, we are able to go back to tne year 1766, commencing with the aborigines. 1 he Indians, says Carver, in his chapter on their diseases, in general are healthy and subject to few diseases. Consumption from fatigue and exposure he notices, but adds that the disorder to which they are most subject is pleurisy. They are likewise afflicted with dropsy and ])aralytic complaints. It is to be ])resumcd that while Carver is speaking generally, he means his remarks to apply, ])erha[)S, more particularly to those Indians with whom he lived so long, the Sioux of this state. That they were subject to fevers is gathered from the use of their remedies for fever, the " fever bush " being an ancient Indian remedv, and equally valued l>y the inhabitants of the interior parts of the colonies. Besides this, they had their remedies for complaints of the bowels, and for all inflammatory complaints. These notices sufficiently indicate the class of diseases which have certainly followed in the wake of the Indians, and are still occurring to his white brothei, making it plain enough that lung diseases, bowel complaints, and fevers are in f.ict nati\e to the stale. The fact must not be ignored that the Indian is subject to the same diseases as the human race in general.
.-Vfter Carver, we may quote Major Long's expedition in iS::4. The princijjal disease of the Sacs appears to be a mortification of the intestinal canal, more common among men than women, tlie disease proving fatal in four days if not relieved. It is unaccompanied with pain, and is neither hernia, dysentery, nor hemorrhoids. Intermittents were prevalent, and the small-pox visited them at different periods. .As the Chippewas ha\o a common Algonquin origin with llie Sacs, and as their home and customs were the same, it may be expected that their diseases were similar. The principal disease to whii h the Chipjiewas are liable is consumption of the lungs, generally affecting them between the ages of 30 and 40; they linger along for a year or two, but always fall victims to it. Many of them die of a bowel complaint which prevails every year. This disease does not partake, however, of the nature of dysentery. They are frequently alTected with sore eyes. I'.lindness is not common. Manv of them become deaf at an early age.
Referring to the re]Hjrt of the commissioner of Indian affairs for 1S54, we find that the decrease in the number of the Menomonees is accounted lor by the ravages of small-pox, in 1S3S, of the cholera, in iS.;; (which latter was superinduced by misery and starvation), and by the fever, which from time to time, commonly in the winter, has been raging among them, being clearly the consequence of want of provisions and other necessaries. The report for 1850 says, there has been considerable sickness among the Winnebagoes for several months past ; dysentery has been the prevalent disease, confmed mostly to children. For 1S57 : the Winnebagoes have suffered considerabi)' from chronic diseases, scrofula and consumption. For 1859: the chief malady among the Winnebagoes is phthisis pulmonalis and its analogous diseases, having its source in hereditary origin. Some of the malignant diseases are occasionally met with among them, and intermittent and remittent fevers. In 1S63: of the Menomonees, there is a large mortality list of the tribes under my charge. Measles and some of the more common eruptive diseases are the causes. But the most common and most fatal disease which affects the Indians at this agency is pneumonia, generally of an acute character. There is but little tubercular disease to be found in any of these tribes, Menomonees, Stockbridges, Oneidas, etc. In the report for 1S65, one can not but notice with some regret the absence of all allusion, except to small-pox, to the diseases of the Indians. Regret, because reliable information of such diseases serves a variety of valuable purposes, for comparison, confirmation, etc., of those of the white population. For llirse reasons, if for none other, it is to be hoped that the attention of the proper authorities will be called to this feature of such reports.
The first reliable report on the diseases of the people (as distinguished from the Indians) of Wisconsin to which we have had access, is Lawson's Army Report of Registered Diseases, for 10 vears, commencing 1S29, and ending 1S3S (ten years before the admission of Wisconsin into the Union as a state).
Under the class of diseases of the respiratory organs, are comprised 3S4 catarrh, 6 pneumonia, 60 pleuritis, and 28 phthisis pulmonalis ; under the class of digestive organs, 376 diarrhfta and dysentery, 1S4 colic and cholera, and 10 hejiatitis ; under the class of diseases of the brain and nervous system, 15 epilejisy, etc. The deaths from all causes, according to the post returns, are 25, being i;< per cent, p.er annum. The annual rate of intermittent cases is 6, and that of remittent is 3, per 100 of mean strength.
Mkan Strenctu
Every man has consequently, on an average, been reported sick about once in every six months, showing this region to be extraordinarily salubrious. The annual ratio of mortality, according to the medical reports, is j'^ per cent,; and of the adjutant-general's returns, i^^ per cent.
Under the class of diseases of the respiratory organs are comprised 448 catarrh, n pneumonia, 29 [ileuritis and 10 phthisis pulmonalls ; under the head of digestive organs, 193 diarrhcea and dysentery, 149 colic and cholera, and 17 hepatitis; under the class of brain and nervous system, 1 epilepsy. The total nunil)er of deaths, according to the post returns, is 20. Of these, 3 are from plithisis puhnonalis, i pleuritis, 2 chronic hepatitis, i gastric enteritis, i splenitis, etc.
Mean Stkk.Ngiu Fort Ckawfoud
Under the class of diseases of the respiratory organs are included 1,048 of catarrh, 28 pneumonia, 75 pleuritis and 13 phthisis pulmonalir>; under the head of digestive organs, 933 diarrhaa and dysentery, .-lud 195 colic and cholera; under the head of brain and nervous diseases, 7 e|)ilepsy, etc. 'I'he total of deaths, according lo the jjost returns, is 94, the annual ratio being 2^'',-, per cent. The causes of death are: 6 phthisis pulmonalis, 6 epidemic cholera, i common ( holcra, 4 remittent fever, 3 d)scntery, etc. In the third cjuarter of 1S30 there were 154 cases of fcvLT, while the same (juarter of iSj6. with a greater strength, affords but one case, the difierencc seeming to depend upon the teiii[)erature.
Table Kxhibiting The Ratio Of Sickness
Consequently every man on an average has been reported sick once in nearly everj- four months. But high as this ratio of sickness is, at this fort, and, indeed, at the others, it is low lonsidering the topographical surroundings of the posts. But besides these injurious topographical and other influences already alluded to, there were still other elements of mischief among tl'.e men at these stations, such as " bad bread and bad whisky," and salt meat, a dietary table giving rise, if not to "land-scurvy," as was the case at the posts lower down in the Mississippi \.illey (more fatal than either small-pox or cholera), at least to its concomitant diseases.
The reason for using these early data of the United States Army medical reports in preference to later Ones is, that even though the later ones may be somewhat more correct in certain jianiculars, the former serve to establish, as it were, a connecting link (though a long one) between the historical sketch of the diseases of the Indian and those of the white settler; and again - these posts being no longer occupied - no further data are obtainable.
'1 he first cliaritable institution established by the state was formally opened in 1S50, at J.inesville. The census of 1S75 showed that there were 493 blind persons in the state, those of school age - that is - under :o years of age, probably amounting to 125. The number of p ipils in the institution that year, 82; the average for the past ten years being 68. If the health report of the institution is any indication of the salubrity of its location, then, indeed, is Janesville ir. this respect an enviable city. Its report for 1S76 gives one death from consumption, and a iiiimber of cases of whooping-cough, all recovered. In 1S75, ten cases of mild scarlet fever, recovered. One severe and two mild cases of typhoid fever, recovered. For 1873, no sick list. I or 1 87 2, the mumps went through the school. For 187 i, health of the school reasonably good ; few cases of severe illness have occurred.
This was organized in June, 1852, at l)cl.iva:i. 'I'he whole number of deaf arid dumb j.crsons in the state, as shown by the census uf 1875, was 720. The report for 1S66 gives the I'.-.iinber of pupils as 156.
Little sickness, a fev.- cases of sore thro.it, and slight bowel alTections comprise nearly all the ;'-iiin..MUs ; and tlie i>hysician's refiort adds: "'The sanitary report - uf the iiistitutioit from iu e.iriicst Iiistor) to the present date has been a guarantee of the healthiness of the location. H.ivin^ gone carefully over the most reliable tabulated statements of deaf-mutism, its parent- age, its home, its causes, and its origin, \vc would most earnestly call the attention of the public to the fact that the chief cause comes under the head ot congenita!, 75 of the 150 [jupils in this institution having this origin. Such a fearful proportion as tiiis must of necessity have its origin in a cause or causes proportionately fearful. Nor, fortunately, is the causation a mystery, since most careful examination leaves not a shadow- of doubt that consanguineous marriages are the sources of this great evil. A\itliout occupying further space by illustrative tables and arguments, we would simply direct the attention of our legislators and thoughtful men to the law cj this diseast which is, that the >iu>nbcr af t/eaf and dumb, zmbeciks, and idiots is in direct keeping luith the degree of consanguinity. With such a law and e.xhibil before us, would not a legislative inquiry into the s'.ibject, with tlie view of adopting frn'entive means, be a wise step.' The evil is fearful; the cause is plain; so, too, is the remedy."
This institution is situated on the banks of the Fox river, at Waukesha, and was organized in i860. The whole number of the iniu.ates since it was opened in July, 1S60, to October 10. 1S76, was 1,291. The whole number of inmates for 1876 was 415. Of these, since the period of opening up to date, October, 1S76, 2^ have died: S, of typhoid fever ; i, of typhoid erysipelas ; I, of gastric fever; 3, of brain fever; i, nervous fever; j, congestion of the lungs; 2, congestive chilis; 5, of consumption ; i of dropsy; and i of inflammatory rheumatism.
This was located at Waujiun in July, 1S57. On September 30, 1S76, there were 266 inmates. But one death from natural causes occurred during the year. The health of the prisoners has been' unusually good, the prevalent nffections attendant upon the seasons, of a mild and manageable character.
. This institution, located near Madison, was opened for patients in ]uly, j86o. The total number of admissions down to the year 1S77, was 1,227 males, 1,122 females, total 2,349. Over one half of these have been impnr.rd ; nearly one third recovered ; while less than one quarter have been discharged U):in:f roved. Total number of deaths, 2SS. .\t the commencement of the year, October i, 1S75, there were in the hospital 376 patients. In the report for the year ending September 30, 1S76, we find the past year has been one of unusual health in the liospital. No serious epidemic has prevailed, although 20 deaths have been reported, 7 fatally ill before admission, 4 worn-out cases, etc. Insanity, coming as it does, under this head of an article on State Health, i.-, of the higliest interest from a st.ite point of view, not only because so much may be done to remedy it, but that still more can and ought to be done by the state to prevent it. Our insane amount to i in 700 of the whole po|)u]ation, the tot.d number in hosjiitals, ])oor-houses and prisons being in round numbers 1.400. It i> a striking fact, calling for our earnest consideration, that theOermans, Irish and Scandinavi.uis import and transn.it more insanit) - three to one - than the .\rnerican-born ])Oi)ulation produce. The causes assigned for this disparity, are, as affecting importation, ihai those in whom tliere is an hereditary tendency to disease constitute the migratory class, for tlie reason that those who are sound and in the full possession of their powers are most apt to contend successfully in the struggle to li\e and maintain their position at home; while thusc w Jio are most unsound and unequal to life's contests are unable to migrate. In oth.er words, the strongest will not leave, the weakest can not leave. I'.y this, the character of the migratory is defined. .Vs affec ts transmission, poverty is a most fruitful parent of insanity, so too is poor hand. Says Dr. Houghton, superinieudent of the Wisconsin State Hospital for the Insane;
Wisconsin is characterized bv a large f)Oor class, especially in the northern part of the state, where pcoiile without means have settled on new and poorly paying farms, where their life is made up of hard work, exposure to a severe climate, bad and insufficient diet, cheerless homes, etc., etc. These causes are prolific in the production of insanity. It is easy, therefore, to trace the causes that give us so large a percent, of insane in many of the counties of the state. Nor is it of less interest to know, as ]'>r. B. adds : ^\'e draw our patients from those families where phthisis pulrnonalis, rheumatism and insanity prevail. Insanity and rheumatism are interchangeable in hereditary cases, so too are insanity and phithisis. 'What may be acconip)lished by intelligent efforts to stety tiie increase of insanity in our state ? Much. Early treatment is one means, this is of course curative in its character. And 'ts necessity and advantage are well illustrated in table Xo. lo of the annual report of Dr. F.oughton, for 1S76, where it is seen that 45.35 of males, and 44.59 of the females who had been sent to the State Hospital having been insane but three months before admission, were cured, the jjrojjortion of cures becoming less in proportion to the longer duration of insanitv before admission. As a preventive means, the dissemination of the kind of knowledge that s'npvvs indisputably that insanity is largely hereditary, and consequently that intermarriage with families so tainted should on the one hand be avoided by tl-.e citizen, and on the other hand, perhaps, J'revenied by tiu state, (congress at the same time restraining or pre\'enting as far as possible persons so tainted from settling in this country.) By the state, inasmuch as the great burthen of caring for the insane falls upon the state. Stilt other preventive means are found in the inipriyvcJ of our laiiiii and in our impiroved education ; in f.ict. in whatever lessens the trials of the poor and lifts them out of ignorance and pauperism. It is only by culture, says Hufeland, that man a< quires perfection, morally, mentally and [ihysicallv. His whole organization is so ordered that he may either become nothing or anything, hYpcrcnilttre and the -,i.'dni of cultivation being alike destructive.
This hospital was opened at (>shkosh, .Ma_\-, 1S73. The total ntimber under treatment September 2,'^, iS76 was - males 246, females 257, total 503. Xo ailment of an epidemic character has affected the health k\\ the household, which has been generally good. The report of Dr. Kempster is fidl of suggestive matter for the legislator and sociologist.
Still adhering to the jilan, in writing the sanitary history of the state, of gathering up all the health statistics which yiropcrly belong to us, we now take up those of Milwaukee, the onh' rity in AVisconsin, so far as we know, tliat has kept up a svstem of statistics of its diseases. The city is built on each side of the mouth r<\ Milwaukee river, o\\ the west shore of Lake Michigan in lat. .( -, ^ ,-,' 45 ' X., long. .'s7'' 57' \\'., and considered remarkable t'or its healthy climate. The board of hc.dth has t'r.rnished us with its re[iort lor 1S70 and downward. The character of Its mortalitv from June rrj, iSOi;, to March 31, 1.S70, is thus summarized; In children under five N'cars of age, 75.^ out of 1,249 deaths, consumption, 93; convtilsions, 12S; cholera infantum, 59; diarrlioM. uS; scarlet fever, [32; tvphoid fever, ^2\ inllammation of the lungs, 41 ; stillborn, 79. This disproportionate number of still-born children is attributed in ]iart to a la.xity of morals. The deaths from consumption in .Milwaukee are ~\'. out of every too, one third less out <il a like number of deaths th;m in San l-'ranr i.^co, in which <it\, in 4,000 deaths, 441 died ofconsnm[ition. being ir out of everv 100 deaths for tiie year ending July. 1S69, The deaths tor 1870 numbered 1,655, the jiopulation beinji at the last census report, 71,636.
Glasgow has 39 to every i,coo; Liverpool, j6 London, 25 ; New Orleans, 54; New York, 32; San Francisco. 24; Milwaukee, 21, Amontr seventeen cd' the principal cities of the L'nion, Milwaukee ranks the ninth in rate of mortality. An impression has prevailed that Milwaukee is subject to a large and disproportionate amount of lurig and allied diseases. Statistics disprove this, its deaths from constiinption being only 6 percent., while those of Chicago" are 7.75 ; of St. X-ouis, 9.68; of Cincinnati, 11.93; ^'^ Eoston, 19.31. But few cases of malarial disease occur in 'Milwaukee, and fewer cases of intestinal fever than in the interior of the state. The mortality among children is explained by its occurring chiefly among the poor foreign-born population, where all that can incite and aggra\ate disease is always tf) be found.
This, (the historical part of the health article), will doubtless call forth from the profession much additional and desirable matter, but excepting what will furtlier appear under the head of Madison it is proper to say that we have exii.iusted the sources of information on the subject within our reach.
Next in order would seem to come ^ome notice of the summer and health reaons of \\'isconsin, which, significant of the saiubntv of the state, are not onlv becoming more numerous, but ilso more frequented Irom vear to vear.
Madison, the cajjital of the state, with a jjopuiation of 11,000, i-> biiiit on an isthmus between two considerable lakes, from 70 to 125 feet above their level ; So miles west of Milwaukee, in latitude 43"^ 5' north, and longitude ^9^'' 20' west, in the northern temperate region. The lake basins, and also the necl: of land between them,iiave a linear arrangement, trending northeast and southwest. The same linear topography characterises the whole adjacent country and the boundary lines of its various geological formations, this striking feature bemg due to the former movement of glacier ice over the face of the country. At two points, one mile apart, the Capitol and University hills, respectively 34S and 370 feet abo\ e the le\el of Lake Mirhigan, rise prominentiv above the rest of the isthmus. Loth of these hills are heaps cf drift iii.iteri.il from 100 to 126 feet thickness, according to the record of the artesian well. The neck of l.md uu w hich Madison stands is of the same material. The same boring discloses to us the underixing rock structure, penetrating 614 feet of friable quartzose sandstone belonging to the Potsdam series, loji I'eet of red shale belonging to the same series, and 209 Jo feet of crvstalline rocks belonging to the .Archa;an. In the country immediately around ^Ladison, the altitude is generally considerably greater, and the higher grounds are occupied b_\' various strata, nearly horizontal, of sandstone apd limestone. The Potsdam santlstone rises about 30 feet above the level of Lake Mendota, on its northern shore, where at McLriile's Point it nia\- be seen overlaid bv tlie next and hith.erto unrecognized !ay<;r, one of more or less impure, da'rk-colored, magnesian limestone, to which the name of Mendota is assigned, and w hich furnishes a good building stone. The descent of these strata is about
9 fcft to the mile in a due southerly direction. Overlying the Mendota beds are again sandstone layers, the uppermobt portions of which are occasionally charged with lo to 20 per cent, of calcareous and dolomitic matter, and then furnish a cream-colored building stone of considerable value. Most of this stratum which has been designated as the JMadiioti sandstone, is, however, quite non-calcareous, being either a ferruginous brown stone, or a quite pure, white, nearly loose sand. In the latter phase it is of value for the manufacture of glass. In a number of quarries, cuttings and exposed places around the city, the Madison beds are seen to be overlaid by a gravish, magnesian limestone, the lower magnesian, varying very considerably in its character, but largely composed of a flinty-textured, heavy-bedded, quite pure dolomite, which is burnt into a good quality of lirne. Its thickness exceeds So feet. Madison, with the conveniences and comforts of a capital city, from its easy access by railroads, from not only in itself being beautiful, but from its beautiful surroundings, from its good society, charming climate, and artesian mineral water, is naturally a great summer resort.
Though there are no vital statistics of the cit) to refer to, a residence of nearly a qu.Tjtex of a centur)- has -made. us sufficiently acquainted with its sanitary history, which is more ot less jhe sanitary history of this part of the state, and in a measure of the state itself. In 1S44 and 1S45, it was visited by an epidemic malarial fever of a bilious type, and not unfrequently fatal, which passed very generally through the state, and ^\ as attributed to the turning up of the soil. It was most virulent in the autumns, .^gain in 1S54 it was visited by a light choleraic epidemic, which also swept the state, assuming very generally a particularly mild type. Again in 1857 it suffered lightly from the epidemic dysentery, which jiassed through the state. In 1S65, it suffered from a visitation of diptheria, the disease prevailing generally over the state at that time. It has also had two visitations of the epidemic griji ^grippe), or influenza. 'i he last invasion, some fi\ c years since, commencing in a m.inner jierhaps wortliy of noting, by first affecting the horses ver\- generally, and again, by beginning on the east side of the city, while the other epidemics for the past twenty-five years (unless th.e choleraic visitation was an exception) came in on the southwe>t side of the city, as has been the case, so far as we have been able to observe with the light cpidem'Cb to which children are subject. Rut little typhoid fever is found here, and the aguish fevers when they occur are light and easy <.if control. There is but little diarrhoea or dysentery. Pneumonia and Its allied affections are more common, so is rheumatism, and so neuralgia. Inflaniinatory crou]), however, is very rare, sporadic diptheria seeming to be taking its place. .\ll the ordinar)- eruptive fevers of children are and always have been of a peculiarly mild tvpe.
I'rairie du Chieii, situated immediately at tiie junction of the Wisconsin with the .Mississippi, 's built about 70 feet alxive low water, and (142 tcet above the level of the sea. The cliffy on both side^ of the river present on their sa!nni;ts the lower >trata of the Mae Silurian limestone of Cincinnati, beneath which are found sandstone and niagiie.sian limestone down to the water's e<lge. W'e give this notice of Prairu' du Chieii for the [jurpo^e of bringing to the knowledge of the public lh.it it possesses one of the must superb artesian wells in the state, which is attracting ni.in.) pers(Ui> by its remedial mineral liroperties.
C.reen Hay sanitarily ina\ be considered as sufficiently indicated under the he.id of Fort Howard. It is, however, proper to add that from its geographical position and beautiful situation .It the head of the bay, its easy access both by railroad and steainl)o.it, its pleasant da)s and <iv)I summer ni;:ht^, it ha.< naturally become quite a |)oinil.ir summer resort, particularly for southern penple.
R.icine, some 25 miles south by east l}y rail t'roiu Milw.rakee and 62 by r.iil tVom Ciiica-'o, is built upon the banks and some 40 feet above the level of the lake. Its soil is a sandy loam and
Waukesha, iS niile> west of Milwaukee liy railroad, is a liealthy, pleasant place of resort at all times on account of it> mineral water, so well known and so highly appreciated throughout the country.
Oconomowoc, 32 miles by railroad west by north of Milwaukee, is a healthy and delightfvilly located resort fur the summer. Its many lakes and drives form its chief attractions. and though its accommodationa were considered ample, during the jiast summer they were found totally inadeipiate to meet t'ne demands of it:, numerous visitor^.
The Dalles, at Kilbourn City, by rail 16 miles from Portage, is unsurpassed in tlie northwe^it for the novelty, romantic character, and striking beauty of it-, rock and river scenery. It is high and dr) ; has pure water and fine air. and every-da) boat and drive views enough to fill up a month pleasantly.
Lake Cleneva, 70 miles by rail from ChicaL^o, 1= built on the north ^ide of the lake, is justly celebrated for its beauty, and its reputation as .1 summer resort is growing.
Green Lake, six miles west of Ripon, and 89 northwest from Milwaukee, is some 15 miles long and three broad, surrounded by beautiful groves and prairies; and is claimed to be one of the healthiest li;tle places on the continent.
Devil's Lake is 36 miles by rail nortli of .Madibon. Of all the romantic little spots in Wisconsin,and they are innumerable, there is none more romantic or worthy of a summer visitor's admiration than. this. It is, though shut in from the rude world by bluffs 500 feet high, a verj' favorite resort, and should be especially so for those who seek .piiet, and rest, and itealth.
Sparta, 246 miles by rail from Chicago, is pleasantly and healthily situated, and its artesian mineral water strongly impregnated with carbonate of iron, having, it is said, over 14 grains in solution to tht? imperial gallon, an unusually large proiwrtion, attracts its annual summer crowd.
Sheboygan, 62 miles b)' rail north of Milwaukee, t'rom its handsome [losition on a bluff overlooking the lake, and from the beauty of its surroundings as well as from the character of its mineral waters, is an attractive summer resort.
In order to ascertain whether tlie classes of diseases in tlie state at the date of Carver's travels are the same which ]ire\ail to-day. we have compared his descrijition of them with tho>c tabulated in the army inedii al re|)orts of Forts Howard, Crawford and A\'innebago, and again with those given in the I . S. Census for 1S70, and with the medical statistics of the citv of Milwaukee. The three distinct and prominent classes pre%Miling from Carver's to the present time, are, in the order of ]'re\Mlence, diseases of the respiratory organs, consumption, pneumonia, bronchitis, etc.; diseases of the digestive organs, enteritis, dysentery, diarrhoea, etc.; and the malarial fevers. .\t Fort Howard alone do the diseases of the digestive organs seem to have outnumbered those of the respiratory organs. So lar as it is possible to gather from the reports of the commissioners of Indian affairs, these features of the relative ])revalence' of the three classes of disease are not disturbed.
There are, however, some disturbing or qualil'\ing agencies operating and .ilfecting the amount or distribution of these classes in ditferent areas or belts. For instance, there are two irregular areas in the state; the one extending from the Mississippi east and north, and the other starting almost as low down as Madison, and running up as far as Green Bay, which are more subject to malarial diseases than are the other parts of the state. ^Vhile it is found that those ))arts of the state least subject to diseases of the digestive organs are, a belt along the western shore of Lake Michigan, and a belt running from near Prairie du Chien north into the pineries. Attain, it is found that the part of the state most subjeC to enteric, cerebro-spinal and typhus fevers, is quite a narrow belt running north from the southern border line into the center of the state, or about two-thirds ot the distance toward the pineries. All along the western shore of Lake Michigan, and stretching across the countr\' by way of Fond du Lac to the Mississippi, is a belt much less subject to these disorders. It is equally beyond question that the western shore of Lake Michigan, and the southern shore of Lake Superior, as well as the western half of the southern boundary line of the pineries, are less afiected with consunqnion than the interior parts of the state.
The tendency of these diseases is certainly to amelioration. The sanitary history of Wisconsin does not differ from that of any other state east of us, in this striking particular; the farther you trace back the history of disease, the worse its type is found to be. It follows, then, that the improvement in public health must progress with the general inipjrovement of the state, as has been the case with the eastern states, and that the consequent amelioration of our malarial diseases especially will tend to mitigate infectious diseases. The ameliorating influences, however, that sanitary science has brought to bear upon disease, of wliich England is so happy an illustration, has scarcely as yet begun to be known to us. But the time has come at last when this science is moving both the liearls and minds of thinking and humane men in the state, and its voice has been heard in our legislative halls, evoking a law by which we are, as a people, to be governed, as by any other enactment. The organization of a state board of health is a new era in our humanitv. In this board is invested all legal power o\er the state health. To it is committed all the sanitary resjionsibilitv of the state, and the greatest good tb the people at large must follow the eiTorts it is making.
There are manv other jjoints of sanitary interest to which it is desirable to call the attention lif those interested in Wisconsin. It is a popular truth that .1 dry climate, all other things being equal, is a health v climate. Our hvgrometrical records show \\'isconsin to have one of the driest climates in the United States. C^holeraic diseases rarely pre\ail unless in a comparativel}' stagnant state of the atmosphere, where they are most fatal. \\ here high winds prevail such diseases are rare. The winds in Wisconsin, while proverbially high and frequent (carrying away and dissipating malarial emanations), are not destructive to life or propertv, as is the case, by their violence, in s<.inie of the adjoining states. .\ moist, warm atnios[)hcre is always provocative of disease. Such a state of atmosphere is rare with iis, and still more rarely continuous beyond .1 day or two. Moist air is the medium of malarial i)oisoning, holding as it does in solution gases and poisonous exhalations. Its character is readily illustrated by the peculiar smell of some marsh lands on autumnal e\enings. Such a state of moistuii' is seen only in our lowest shut-in marshes (wh.ere there i-. hut little or nc .lir-current), .md then only tor a very limited period, in very hot weather.
But too much importance is attached bv tlie jtablic to a sinqily dry atmosphere for rcspiratury diseases. The same mistake is made wiih regard to the good effects in such disorders of hlgii elevations. Dry air in itself. or a hi^ii elevation in itself, or both combined, arc i;ot necessarily favoralile to health, or cvirative of disease. In tlie light and rare atmosphere of I'iLe's I'e.ik, an elevation of ("i,coo feet, the pulse is accelerate<l, the amount of sleep is diminished, and the human machine is pat under a high-pressure r.ue of living, conducive only to its injury. The average rate of the pulse in healthy visitors is frum 115 to 120 per minute (the normal rate, in moderate elevations, being about 75). And where there is any organic affection of the heart, or tendency to bleeding from the lungs, it is just this very dry atmosphere and high elevation that make these rcincdies (/) destructive. Hence it is that Wisconsin, for the generality of lung diseases, especially when accompanied with heniorrliage, or with heart disease, is preferable to Colorado. It may be objected, that the di3ea:^es of the respiratory organs are in c.xce-.s of other diseases in Wisconsin. This feature, however, is not confined to the cold belt of our temperate latitudes - our projwrtiou of respiratory diseases, be it noted, comparing most favorably with that of other states, as may be seen in the following table;
Now, while the mortuary statistics of the United States census for 1S50 are acknowledged to be imperfect, they are, nevertlielcas, unduubtedly correct as to the causes of mortality. But besides this statistical evidence of the climatological causes of disease, there are certain relative general, if not special, truths which serve to guide us in our estimate. Respiratory diseases of all kinds increase in proportion as the temperature dccrcaies, the humidity of the air being the same. Another e'|ually certain element in the production of this class of diseases is variableness of climate. Still, this feature of our climate is only an element in causation, and affects us, as we shall see in the table below, very little as compared with otlier states. Indeed, it is still disputed whether there is not more consumj)tion in tropical climates than in temjierate climates. This much is admitted, ht)wever, that consumption is rare ir. the arctic regions. Dr. Terry sa\s the annual ratio of jvilmonary diseases is lower in the northern than in the southern regions uf the United States, and Dr. Drake, an equally eminent authority, recommends those suftering from or threatened with pulmonary affections, to retreat to tile colder districts of tlie countiy. citing among others localities near Lake Superior - a recoinmendatiun which uur experience ul nearly half a century endorses.
When we compare the general death-rate of Wisconsin with tluit of the other states of the Union, we find that it compares most favorably with that of X'ermont, the liealthiest of the .\ew England states. The United States census of 1S50, (860 and 1.S70, gives Wisconsin 94 deatiis lo 10,000 of the population, while it gives \"ermont 101 to every 10,000 of her inhabitants. The rensus of 1870 shows that the death-rate from consumption in Minnesota, Iowa, California and Wisconsin are alike. These four states show the lowest death-rate among the states from consumption, the mortality being 13 to 14 per cent, of the whole death-rate.
Climatologically considered, then, there is not a more healthy state in the Union than the state of Wisconsin. lUit for health ])urposes something more is requisite than climate. Climate and soil must be equally good. Men should shun the soil, no matter how rich it be, if the climate is inimical to health, and rather choose the climate that is salubrious, even if the soil is not so rich. In ^\'lsconsin, generally speaking, the soil and climate are equally conducive to healtli, and alike good. for agricultural purposes.
Electors And General Elections
Sec. 12. Every male person of tlie age of twenty-one years or upward, belonging to -either of the following classes, who shall have resided in the State for one year next preceding .any election, shall be deemed a qualified elector at such election :
2. Persons of foreign birth wlia shall have declared their intention to become citizens conformably to ti'.e laws of th.c United States on the subject of naturalization.
of briber_) .<hall bo excluded from the right of suffrage unless re.«tored to civil rights ; and no per.sou who shall have made or become directly or indirectly interested in any bet or wager depending ujion tiie result of any election at whicli ho shall offer to vote, shall be jtermitted to vote at such election.
Sec. 14. The general election prescribed in the Constitution shall be held in the several towns, wards, villaj^es and election districts on the Tuesday ne.xt succeeding the first Monday in November in each year, at which time there shall be chosen such Representatives in Congress, Electors of President and Vice President, State officers, and county officers as are by law to be elected in such year.
Sec. 15. All elections shall be held in each town at the place where the last town-meeting was held, or at such other ])lace as shall have been ordered at such la>t meeting, or as shall have been ordered by the Supervisors when they establisli more than one election jioll, except that the first election after the oi'ganization of a new town shall be held at tlie j)lace directed in the act or proceeding by which it was organized; and all elections in villages constituting separate election districts and in the wards of cities, shall be held at tlie place to be ordered by tlie Trustees of such village, or the Common Council of such city, at lea-t ten days before such election, unless a diU'ereut pri. virion is made in the act incorporating such village or city.
Si:c. lih Whenever it shall become im[)ossil)le or inconvenient to liold an election at the place designated therefor, the Board of Inspectors, after Iiaving assembled at or as near as practicable to such place, and before receiving any votes may adjourn to tlie nearest convenient place for holding tlie election, and at sucli adjourned place shall forthwitii proceed witli the election. Ujion adjourning any elei;tion as hereinbefuro provided, the Boanl lA Inspectors shall cause proelamatinn thereof to be made, and shall station a C'lnstable or some other proper person at the place where the adjournment was made, to notify all electors arriving at such place of adjournment, and the place to whicli it ^vas made.
2. In each ward or election district of every incorporated village in which, by law, separate elections are held ; which village at the last preceding census, had a population of fifteen hundred or more.
Sucli registration shall be niade in the manner provided by this chapter. The persons authorized by law to act as Ins|iectoi's of Election in each of such towns, wards or election districts shall constitute the Board of Registry therefor.
Sec. 21. Tlie said Inspectors shall have their first meeting on Tuesday, four weeks preceding each general election, at the place where said election is to be held ; and in election disti'icts at which there were polled at the previous general election tliree hundred votes or less, they .sliall sit for one day, and in districts at which there were more than three hundveil votes ])oIled, they shall liave power to sit two days if necessary, for the purpose of making such list. They shall meet at l) o'clock in the forenoon and hold their meetings open until 8 o'clock in the evening of eacli day during which they shall so sit. The Clerks appointed by law to act as Clerks of Election shall act as Clerks of the Board of Registry on the day of election only. The proceedings shall be open, and all electors of tlio district shall be entitled to be heard in relation to corrections or additions to said registry. They shall liave the same powers to preserve order which Inspectors of Election liave on election days, and in towns vacancies inthe Board shall be filleil in the same manner that vacancies are filled at elections.
Sec. 22. The said Inspectors at their first meeting, and bcfn-o doing any business, shall severally take and subscribe tlie oath of Iiis[iectors at a general election, and said Inspectors shall at their first tneeting make a registry of all the electors of their respective districts, placing thereon the full names, alphabetically arranged according to surnames, in one column, and in , another the residence by number and name of street or other location, if known. If any elector's residence is at any liotel or public boarding-house the name of the hotel or boarding-house shall be st.ated in tlie registry. They shall put thereon the names of all persons residing in tlieir election district appearing on the poll-list kept at the last preceding general election, and are authorized to take therefor such poll-list from the office where kept, omitting such as have died or removed from the district, ami adding the names of all other jiersons known to them to be electors in such district. Jn ca>e of the I'ormation of a new election district since the last preceding general election, the said Board therein may make such registry from the best means at their command, and may, if ncessary, procure therefor certified copies of the last poll-list. They shall complete said registry as far as practicable at their first meeting, and shali make four copies thereof, and certify the original and each cojiy to be a true list of the electors in their district so far as the same are known to them. One of said cojiies shall be immediately posted in a conspicuous place in the room in which their meeting was liehl, and be accessible to any elector for examination or making copies thereof, and one copy shall be retained by each Inspector for revision and correctional the second meeting. They shall within two days aftersaid first meeting file the original regi>(iy made liy thiiii, and said poll-list in the office of the ])roper town, city or village clerk, ami iiKiy, in their di<ri,tion, cause ten printed copii.'S of said registry to be made and jn.isteil in ten (if the most jjublic phu'cs of said election district, or may publish the same in a newspaper at an ex|)eiisc not exceeihug one cent for eacli name.
Sec. 20. The Inspectors .shall hold thnr second meeting at the same jilace designated for holding elections on the Tuesday two weeks preceding tiie election. They shall meet at !' o'clock in the forenoon. In election districts having less than three hundred voters, as shown by the preliminary registry, 1110 Piourd shall complete the registry on the same day ; but if there arc more than that number of voters, they shall sit two days. They shall remain in session until 8 o'clock in the evening. They shall revise and correct the registry first by erasing the name of any person who shall be proved to their satisfaction by the oaths of two electors of the district to be not entitlc'-l to vote therein at the next ensuing election, unless such person shall appear and if challenged, shall answer the questions and take the oath hereinafter provided ; secondly, by entering thereon the names of every elector entitled to vote in the district at the next election who shall appear before the Board and require it, and state his place of residence, giving street and number, if numbered, or location, as hereinbefore provided, if challenged answer the questions, and take the oaths provided in case of challenge at an ejection ; but if any person shall refuse to answer all such questions or to take such oath, his name shall not be registered. Any person who is not twenty-one years of age before the date w hen the registry is required to be corrected, but will be if he lives until the day of election, shall have his name put on the registry if he be otherwise qualified to be an elector. Any elector who did not vote at the previous general election shall be entitled to be registered either at tlie preliminary or the final registration of electors by apjiearing before the Board of Registration of his election district and establishing his right to be registered, or, instead of a personal appearance, ho may make his application to be registered to the l^oard in writing. Sucli application shall state the name and period of continuous residence in the election district and place of residence therein, giving the number and street of the applicant, and, in case the person making the application is of foreign birth, he shall state when he came to the United States and to tlie State of Wisconsin, and the time and place of declaring his intention of becoming a citizen of the I'nited States, and that ho is entitled to vote at the election. Up^n receiving such application, the Board of Registration shall register the name of such applicant,' if it appears to the Board that the ap])licant is, by his statement, entitled to vote. Such statement shall be made under oath, and shall be preserved by the Board and he filed in the office of the village or ciry clerk, as the case may be. All city and village clerks shall keep blanks for making the application for registration, as provided by this section. The form shall be prescribed by the Secretary of State. Every person named in this section shall be subject to the same punishment for any faUe statement or other olTchse in respect thereto as is provided in case of such false statement or other offense by an elector ofl'ering to vote at an election. After sucli registry shall have been fully completed on the days above mentioned, no name shall be added thereto by any ]iorson or upon any pretext. Within three days after the second meeting the said Board shall cause f>ur copies of the registry to be made, each of which shall be certified by them to be a correct registry of the electors of their district, one of which shall be kept by each Inspector for use on election day, and one shall f ,'rthwith be filed in the office of the proper town, city or village clerk. All registries shall at all times be ojjen to [mblic insjieciion at the otllce wiicro deposited without charge.
Skc. 24. On election day the Ins])ectois shall designate two of their number at the opening of the polls, who shall check the names of every elector voting in such district whose name is on the registry. No vote shall be I'cceivcd at any general election in any ward or election district defined in Section 2'). if liiename of tlie person oft'cring to vote be ii'it 0!i said registry made at the second meeting as aforesaid, except as hereinafter provided ; but in case any one shall, after the last day for completing such registry, and before such election, becou'ic a qualified voter of the district, he shall have the same right to vote therein at such election as if his name had been duly registered, j.rovidod he shall, at the time he offers to vote, deliver to the Insjicctors his affidavit, in which he shall state the facts, showing that lie has, since the completion of such registry, become a (pialified elector of Such district, ai)d the facts sh^uing that he was not such elector on the day such registry was completed, and shall also deliver to such Inspectors the aflidavits of two freeholders, elfctors in such election district, corroborating all the material statements in his aftidavit. In ca-e any ]ierson who was a voter at the last ]/revious general election .-hall net be registered, such per.son shall be entitled to vote on making aliidavit tliat he was entitled to vute at the [irevioiis election, and that he lias not become disqualified by reason of removal from the election district or fitherwi.'^e, since that election, which aflulavit shall also be corroborated by the affidavits of two freeholders, as is provided for other non-registered voters. No one freeholder shall be coni]ietent tii make at any one election corroborating affidavits for more than three voters. All of said affidavits shall be sworn to before some officer authorized by the laws of this State to take depositions. The Inspectors shall keep a list of the names ami residence of the electors voting whose names are not on said completed registry, and attach said list to the registry and return it, together with all such affidavits, to the proper town, city or village clerk. No compensation shall he paid or received for taking or certifying any such affidavits. On the day following the election, one of said poll-lists and one copy of the registry so kept and checked shall be attached together and filed in the office of the proper town, cit}' or village clerk, and the otiier of said polldists and copy of the registry so kept and checked shall be returned to the County Clerk with the returns of the election. Such Inspectoi-s shall give notice by advertisement in a newspaper printed in the city, village or town where such registration was made, of the registry, and shall include in such notice all additions to and omissions from the preliminary list, and shall also state where tiie election is to be held. In case there be no newspapei- printed in such city, village or town, such notice shall be given by posting copies thereof in three or more public places in each ward or election district in such city, village or town. For publication of such notice in any such newspaper the publisher thereof shall be entitled to ttie same compensation per folio as is prescribed fur publishing other legal notices.
Common Schools
Sep. 413. The formation of any school district shall bo by written oriler of the Town Board, describing the territory embraced in the same, to be filed with the Town Clerk within twenty days after the making thereof. The Supervisors shall deliver to a ta.xable inhabitant of the district their notice thereof in writing, describing its boundaries, and appointing a time and place for the first district meeting, and shall tlierein direct such inhabitant to notify every qualified voter of the district, either personally or by leaving a written notice at his place of residence, of the time and jjlace of such meeting, at least five days bef're the time appointed *hcrefor, and said inhabitant sliall notify the voters of such district accordingly, and indorse thereon a return containing the names of all per>ons thus notified, and said notice and return shall be lecorded as a part of the record of the first meeting in such di^trict.
Sec. 41-1. In case such imtice shall not be given, or the inhahitarits of a district shall neglect or refuse to assemble and form a district meeting when so notified, or in case any school dis- 'trict having been formed or organized shall afterward be disorganizeil, so that no competent authority shall e.xist therein to call a special district meeting, in the manner hereinafter provided, notice shall be given by the Town Board, and served in the manner ])rescribed in the preceding section. Whenever a district meeting shall be called as prescribed in this and the preceding section, it shall be the duty of the electors of the district to assemble at the time and place so directed.
Sec. 41.0. Whencvt-r it shall be necessarv to firm a district from twi) or more adjoining towns, the Town Boards of such towns shall nuit togi'tlier and furm such districts by their written order, describing the territory embraced in such district, sii^ned by at least two of the Supervisors of each town; ami shall file one such oi<ler with the Town Clerk of each town, and deliver the notice of formation to a taxable inhabitant of such district, ami cause the same to be served and retuimed in the time and manner liereiniiL-fnvc preserihcd : aid any such district rnav be altered only by the joint, action of the Town Boards of such towns in the same manner that other districts are altered.
Sec. 41I). Every school district shall be deemed duly organized when any two of the officers elected at the tii-t h_'al meeting thereof shall have consented to serve in the offices to which they have been rrs[/ecti\ lIv elected, by a written acceptance thereof fih'd with the clerk of the first meeting, and recorded in the minutes thereof; and e\erv scliuol district shall be considered
Sec. 4*25. Tiio annual meeting of all school districts in which graded schools of two or more departments are taught, shall be held on the second Momlay of July, and of all other school districts on the last Monday of September, in each year. The liour of such meeting shall be seven o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded at the la.<t ])revious annual meeting; but at any annual meeting a majority of the electors picsent may determine that the annual meeting of such district shall be held on the last Monday of August'instead of tlie last Monday of September. Said determination to take effect when a cojiy of the proceeding-; of saiii annual meeting in reference to such change shall have been filed with the 'J'own Chuk in wliich the schoolhouse of such district is situated, and to remain in force until rescindeil by a like vote of the electors of such district.
Sec. 426. The Clerk shall give at least six days' previous notice of every annual district meeting, by posting notices thereof in four or more public places in the district, one of which bhall be al:lixed to the outer door of the schoolhouse, if there be one in the district, and he shall give like notices for every adjourned district meeting when such meeting shall have been adjourned for more than one month ; but no annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice wa-3 willful and fraudulent.
Sec. 427. Special district meetings may be called by the Clerk, or, in his absence, by tlie Directors or Treasurer, on written reiiuest of five legal voters of the district, in the manner pn'seribed for calling an annual meeting ; and the electors, when lawfully assembled at a special iii.ering, shall have power to transact tlie same business as at the first and each annual meeting, except the election of officers. The business to be transacted at any special meeting shall be particularly specified in the notices calling the same, and said notices shall bo posted six full days prior'to the meeting. No tax or loan or debt shall be voted at a special meeting, unless three-fourths of the legal voters shall have been notified, either personally or by a written notice left at their places of rc-idence, stating the time and place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor.
Sec. 428. P^very persou shall be entitled to vote in any school district meeting who is to vote at a general election for State and county officers, and who is a resident of such school district.
Assessment And Collection Of Dlstuict Taxes
Sec. 460. All school district taxes, unless otherwise specially provided by law, shall be assessed on the same kinds of proiierty as taxes for town and county purposes; and all personal proi)orty which, on account of its location or the resilience of its owner, is taxable in the town, shall, if such locality or residence be in tlie school district, be likewise taxable for school district purposes.
Sec. 474. Whenever, upnn anv unu-,u;d exigency, any school distrift shall, before the annual meeting, vote a sjiecial tax to be o'llected with the iifxt levy, the disirii-t may, by vote, authorize tiie District ISoanl t.i liorrow for a periud not exceeding one y.ar a sum not exceeding the amount of such tax, and by such vnit- set apart such tax when collected to repay su<'h loan, and thereiijion the District lioaial may borrow such money uf any person and on such terms and execute and deliver to the lender such oblictation thereinr, and such security for the repayment, including a mortgage or ]iledge "f any r.-;il or per.-uiial property of the district, subject to the directions contaiiieil in the vote of fhe district as may be agreed upnu and not prohibited by law.
Sec. 498. Every District Clerk who shall willfully neglect to make the annual report for .his district as recpiired" by law shall be liable to pay the whole amount of money lost by such
Sec. 4'J9. Every Town Clerk who shall neglect or refuse to make an(I deliver to the County Superintendent his annual report, as reijuired in this chapter within the time limited therefor, shall be liable on his oilicial bond to pay tlie town the amount whicli such town or any school district therein, shall hise by such neglect or refusal, with interest thereon ; and every County Superintendent who sliall neglect or refuse to make the report required of him by this cliapter to the State Superintendent shall bo liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action prosecuted by the Town Treasurer in the name of the town.
Sko. fiOo. Every member of a district board in any school district in this State in which a list of text-books has been adopted according to law, who shall, within three years from the date of such adoption, or thereafter, without the consent of the State Superifttendent, order a change of te.xt-bonks in such district, shall forfeit the sum of fifty dollars.
Sec. 513. Every woman of twenty-one years of age and upwai'd may be elected or ap])ointed as director, treasurer or clerk of a school district, director or secretary of a town board under the township system ; memlier of a board of education in cities, or county superintendent.
Assessment Of Taxes
Sec. 1035: The terms "real property," "real estate" and "land," when used in this title, shall include not only tlie land itself, but all buildings, fixtures, improvements, rights and privileges appertaining thereto.
Sec. ]0;;'.Ij. Tlie term personal property," as used in this title, shall be construed to mean and include toll-bridges, saw-logs, timber ami 'lumber, cither upon land or afloat, steamboats, ships and other vessels, whether at home or abroad : buildings upon leased lands, if such buildings iiave not been included in the assessment of the land on which they are erected ; ferry-boats, including the franchise fjr running tiie same; all debts due from solvent debtors, whether on account, note, contract, biind. nKjrtgage or other security, or whether such debts are due or to become due; and all g'"Mls, wares, merchandise, chattels, moneys and ctFects of any nature or descrijition having any real or marketable value and not included in tlie term " real projierty," as above defined.
Sec. 1037. Tlie improvements on all lands situated in this State, which shall have been entered under t!ic jirdvisions of tlic act of Congress entitled " An act to secure homesteads to actual settlers on the public domain," apjiroved May twentieth, oiie thousand eight hundred and sixty-two, and which shall lie actually occu)iicd and improved by the person so entering the same, or his iieirs, shall be subject to taxation, and such iin[)rovements shall bo assessed as personal property. All ta.xes levied thereon shall Ijc collected out of the personal properly of the occupant of such lands, and in no other manner.
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ten acres : and the lands reserved for grounds of a chartered college or universitj', not exceeding forty acres ; and parsonages, \vhether of local churches or districts, and whetlier occupied by the pastor permanently or rented fur his benefit. Tiie occasional leasing of sucli buildings for schools, jiuhlic lectures or concerts, or the leasing of such parsonages, shall not render them liable to taxation.
organized fire company, and the buildings and necessary grounds connected therewith, owned Ijy such company, and used exclusively for its proper purposes. C. The property of Indians who are not citizens, except lands held by them by purchase.
12. Provisions and fuel provided by the head of a family to sustain its members for six months : but no person paying board sliall be deemed a member of a family.
14. The track, right of way, depot grounds, buildings, macliine-sliops, rolling-stock and other property necessarily used in opeVating any railroad in tiiis State belonging to any railroad company, including pontoon, jiilo ami pontoon railroads, and shall henceforth remain exempt from taxation for any purpose, excejit that the same shall be subject to special assessments for Incal improvements in cities and villages and all lands owned or claimed by such railroad company not adjoining the track of such company, sliall be subject to all taxes. Tlie provision of tliis (subdivision sliall 7iot apply to any railroail that now is or shall be operated by horse-power, whether now or hereafter constructed in any village or city.
16. The real estate of the Hume of the Friendless in the city of Milwaukee, not exceeding one lot in amount, is exempted, so long as the same shall continue to bo used as such home.
17. All property of any corporation or association formed under the laws of this State for the encouragement of industry by agricultural and industrial fairs and exhibitions. shall be necessary for fair gr(ninds, while used exclusively for such fairs and exhibitions, provided the quantity of land so exempt shall not exceed forty acres.
Skc. Hill. Ile.d [ir.iperty. upon which tlic county hrilds any certificates of tax sale, shall continue liablo tri taxation and to sale fjr unpaid taxes, and the county shall be the exclusive purchaser at the sale; but when a tax deed shall bo issued to the county, and it shall hold tax certificates of sale unrcdceineil (Ui the same property for two successive years subsequent to the date of the sale on which such dectl shall issue, including certificates of sale made pricjr to the passage of these statutCj, such piopertv shall thereafter be exi'inpt from taxaticui until the same is sold by the county. Tiie C-'Unty Clerk shall annually, befirc the first day of June, furnish to the Asse.-sors of each town a li-^t of the lands in such town exemjjt under this section. Nothing in this section shall be so construed as to apply to lands owned by minors, married women. widowed women, idiots or insane jiorsons.
Collection Of Taxes
Sec. lOSD. Tho Town Treasurer of each town, on the rccei])t of tlic ta.x-roll for the current year, sliall forthwitli post notices in three or fniir ])uhlio phicci in such towns, tliat the ta.xroll for such town is in his liands for collection, and tliat the taxes cliar^^eil therein are subject to payment at his ofiice at any time jirior to the first day of .Januai-y in such year; and after the said first day of .January ho shall proceed to CiiUcct the taxes charired in such roll and remaining unjiaid, anil for that purpose shall call at least once on tlie person taxed, or at any place of his usual residence, if within the town, and demand payment of the tuxes charged to him on such r \\.
Sei.'. lOi'ii. Oti all taxes paid or tendered at the office of sucli Treasurer prior to said first day of January, he >hall remit all of the o-per-cent collection fees, except so much thereof as he is authorized by law to have for Ids fees upon taxes so paid.
Skc. lUyh Town orders shall be receivable for taxes in tho town where issued, and shall be allowed the Town Treasurer on >.'ttlement of town taxes; and county orders and jurors' certificates shall be receivable for taxes in the county where issued, and shall be allowed such Treasurer on settlement of county taxes with the County Treasurer, but no Town Treasurer shall receive town orders in payment for taxes to a larger amount than the town taxes included in his assessment-roll exclusive of all taxes for scIiimiI purposes, nor county orders and jurors' certificates to a greater amount than tl;e county tax included therein.
Sec. 1097. In case any person shall refuse or neglect to pay the tax imjiosed upon him, the Town Ti-easurer sliall levy the sauie by distress and sale of any goods and chattels belonging to .sucli person, wherever the same may be found within his town ; and if a sufficient amount of such property cannot be found in such t'lwn. the Town Treasurer may levy the same by distress and sale of the goods and chattels belonging to such person, wherever the same may be found in the county oi' in any adjoining counties.
Si;c. 10'JS. The 'J'own Treasurer shall give public notice of the time and place of such sale, at least six days previous thereto, by advertisement, contairung a description of the property to be sold, to be j.osted iiji in throe public ])laces in the tuwn where the sale is to be made. The sale shall be at public auction, in the daytime, and the property sold shall be present ; sucli juoperty may be released by tlie j)aynient of the taxes and charges f )r which tlie same is liable, to be sold ; if the purchase-money on such sale shall not be paid at sucli time as the Treasurer may require, lie may again, in his discretion, cxjjose such jiroperty for sale, or sue, in his name of olFicc. the purchaser for the purchase-money, and recover the same with costs and 10-per-centum damages.
Sel'. IO'JO. If the ].roperty so levied ujion shall be sold f u- more than the amount of tax and costs, tlie surplus shall be returned to the owner thereof; and if it cannot be sold for want of bidder.'!, the Treasurer shall return a statement of the fact, and return the property to the person frutn whose poisession he touk the same; and the tax. if unsatisfied, shall be collected in the sauR- inaiiner as if no levy had been made.
Seo. 122.;. Thi^ SajiervisMrs nf the nevrral towns >hall have the care and supervision of the highways and bridg.'s therein, and it shall be their duty : described, :ind snch as l!a\e been l.iwfullv Lud our and u-ed as such up to the then present time, but not fully timl suthcienify recorded, to be a.~certained, described and entered of record in the Town Clerk's otlice.
Abstract Of Laws
4. To divide their respective towns into so many road districts as tliey sliall judge convenient, and specify every such division in writing under tlieir hands, to be recorded in tlie office of tlie Town Clerk ; but no sucli division shall be made within ten days next preceding the annual town meeting.
their respective towns as they may deem necessary and proper; to discontinue such roads as shall appear to them to liave become unnecessary, and to widen or alter such roads when they shall deem necessary for public convenience, and perform all other duties respecting highways and bridges directed by this chapter.
Intoxicating Liquors
Sec. 154S. The Town Boards, Village boards and Common Councils of the respective towns, villages and cities may graiit license to such persons as they may deem proper, to keep groceries, saloons or iither places, within their respective towns, villages or cities, for the sale in quantities less than one gallon of strong, spirituuus, malt, ardent or" intoxicating liquors, to be drank on the premises ; and in like manner may gr.ant licenses fir the sale in any quantity of such liquors not to be drank on the premises. The sum to be paid for such license for the sale of such liquor to be drank on the premises shall not be less than twenty-five nor more than one hundred and fifty dollars ; and for the sale of such liquors not to be drank on the premises shall be not less than ten nrir more than fort}- dollars.
Sec. 1.5Ilt. Every ipplicant for such license shall, before delivery thereof, file with such town, village or city clerk a bond to the State in the sum of five hundred dollars, with at least two sureties, to be approved b}" the authorities granting the license, who shall each justify in double its amount over and above their debts and liabilities and exemptions, and be freeholders and residents of the county, conditioned that the apjilicant, during the continuance of his license will keep and maintain an orderly and well-regulated house ; that he will permit no gambling with cards, dice or any device or implement for that purpose, within his premises or any out-house, yard or shed apiiertaining thereto; that he will not sell or give away any intoxicating liquor to any minor, having good reason to believe him to be such, unless upon the written order of the parents or guardian of such minor, or to persons intoxicated or bordering upon intoxication, or to habitual drunkards; and that he will pay all damages that may be recovered by any person, and that ho will observe and olny all orders of such Siqiervisors, Trustees or Aldermen, or any of them, made pursu:int to huv. In ca-;e of tlie breach of tin; condition of any such bond, an action may be brought theri-oii in the name of the State of ^\ isconsin, and judgment shall be entered against the principals and >ureties therein named fir the full penalty thereof; aii(l execution may issue thereupon bv order of the court therefor, to satisfy any judgment that may have been recovered against the principal named in said bond, by ri'ason of any breach in the conditions thereof or for any ]>enalties of forfeitures incurred under this chapter. If more than one judgment shall have liem recovered, the court, in its discretion, may ajiply the proceeils of said boiol toward the satisiaction of said se\eral judgments, in \shole or in part, in such manner as it may see lit.
Sr.C. 1.550. If any person shall vend, sell, ileal or traffic in or for the purpose of evading this chapter, give away, any spirituous, malt, ardent or intoxicating liquors or drinks in any
<iuuntity whatever witliout first liavinp; obtained license therefor, according to the provisions of this chapter, he shall be decuied guilty of a nusdeiiieaiior, atid, on conviction thereof shall be punished by fine of not les.s than ten nor more than forty dollars, besides the costs of suit, or, in lieu of such fine, liy impi-isoninent in the county jail of the proper county not to exceed sixty days nor less than twenty days ; and, in case of ])unisliment by fine as above provided, such person shall, utdcss the fine and costs be paid forthwith, be committed to the county jail of the proper county until such fine and costs are paid, or until discharged by due course of law; and, in case of a second or any subsequent conviction of the same person during any one year, the punishment may be by b'ltli iine and imprisonment, in the discretion of the court.
Sec. 1-).'")1. l_'p(;in complaint made to any Justice of the Peace by any person that lie knows or has grjml reason to lielieve that an olTeiise against this clia[iter, or any violation thereof, lias been CDiiiiiiutcd, he shall examine the comjilainant on oath, and he shall reduce such complaint to writing and cause the same to bo subH'i'ibed by the person complaining. And if it shall appear to such -Justice tliat there is reasonable cause to believe that such offense has been comtiiitted, he sh;dl immediately issue his warrant, reciting therein the substance of such complaint, and requiring the otiicer to whom such warrant shall be directed forthwith to arrest tlie accused and bring him before such Ju.stice, to be dealt with according to law ; and the same warrant may require the officer to .summon such ]:iersons as shall be therein named to appear at the tiial to give evidi'uce.
Sec. 15r):2. The District Attorney of the proper county shall, on notice given to him by the Justice of the Peace before whom any such complaint shall be made, attend the trial before such Justice and conduct the same on behalf of the State.
Sec. 1o.')-j. Every supervisor, trustee, alderman and justice of the peace, police officer) marshal, dejiuty marshal and constable of any town, village or city who shall know or be credibly informed that any offense has been committed against the provisions of this chapter shall make complaint against the person so offending within their respective towns, villages or cities to a proper Justice of the Peace therein, arnl fu- e\'eiy neglect or refusal so to do every such officer shall f irfeit twenty-five d^jllars. and thi' Treasurer of surh town, village or city shall prosecute therefor.
Sec. J5i'>l. Any kcep'r of any saloon, shop or place of any name whatsoever for the sale of strong, spirituous or malt liquors to bo drank on the ])remises in any quantity less than one galliin, who shall sell, vend or in any way deal or traffic in or for the purpose of evading this chapter, give a\\ay any spirituous, ardent or malt liquors or drinks in any quantity whatsoever to or with a minor, having good reason to believe him to be such, or to a person intoxicated or bordering on a state of intoxication, or to any other prohibited jjcrson before mentiaiied, shall be deemi^'d guilty of a misdemeanor; nor shall any person sell or in any way deal or traffic in, or. f jr tlie purpose of evading this chapter, give away, any spirituous, ardent, intoxicating or malt liquors or drinks in any quantity whatsoever within one mile of either of the hospitals for the iiisam- ; and any p'_i-sr>ii wli" ,-liall so sell or give away aii}' such liquors or drinks shall be deemed guilty of a iiiisih'meanor.
Slc 1C7-"). All notes in writing made and signed by any piu's.ni or for any corporation, and all certificates of the deposit of money issued by anv person or corporation, whereby he or it shall pn.iuiise to ]iay to any person or order, or unto the bearer, any sum of money, as therein meiitidued. shall )»- due and ])ayable as therein expressed, and shall have the same effect and shall be iiegotialjje m like niatuirr as inland bills of exchange, according to the custom of merchants, i'.iit no order di-a\\ ii upui or accepted by the Treasurer nf any county, town, city, village or school district, whethrr dra^^ n bv any oflii-er thereof or atiy olhrr person, and no obligation n(U' instrument made by such corpcnation or any ollicer thereof, unless expressly authorized by law to be mailo negotiable, sliall be, or sliall be deemed to be, negotiable according to the customs of merchants, in whatever form they may be drawn or made.
Skc IG'^O. On all bills of exchange payabl,'=; at sight, or at future day certain, within this State, and idl negotiable promissory notes, orders and drafts payable at a future day certain, within this Stutij, in wiiich there is not an express stipulation to the contrary, grace should be allowed in like manner as it is allowed by the cListom of merchants on foreign bills of exchange payable at the expiration of a certain period after date or siglit. Tiie provisions of this section siiall not extend to any bill of exchange, note or draft payable on demand.
Sec. 168-1. All notes, drafts, bills of exchange or other negotiable paper maturing on Sunday or u]ion any li-gal holi'lay shall be due and payable on the next preceding secular day.
Hours Of Labor
Sec. 172S. la all manufactories, work-shops and other places used for mechanical or manufacturing pur})oses, the time of labor of children under eighteen years of age aiul of women employed therein, t^hall not exceed eiglit hours in one day ; and any employer, stockholder, director, officer, overseer, clerk or foreman who shall compel any Avoman or any child to labor exceeding eight liours in any one day, or who shall pcraiit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over such child sullicient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or work-shop where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or workshop for more than seven months in any one year, shall forfeit not less than five nor more than fifty dollars for each such offense.
Sec. 1721). In all engagements to labor in any manufacturing or mechanical business, where tliere is no express contract to the contrary, a day's work shall consist of eight hours, and all engagements or contracts for labor in such ca'^os shall be so construed; but this shall no' apply to any contract for labor by the week, montli or year.
Sec. 2207. A deed of quitclaim and release of the form in common u«e or of the form hereinafter provided, shall be sufficient to pa<- all the estate which the grantor could lawfully convey by deed of bargain and sale.
Such deeds, when executed and acknowledged as required by law, shall, wlien of the first of the above forms, have thu cfiect of a conveyance in fee simple to the grantee, his heirs and assigns of thu premises therein name<l, together with all the apj^urtenances, rights and privileges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the iircmises ; has good right to convey the same ; that he guarantees the grantee, his heirs and assigns in the quiet possession thereof; that the same are free from all incumbrances, and tluit the grantor, his heirs and personal representatives will forever warrant and defend the title and possession thereof in the grantee, his heirs and assigns against all lawful claims whatsoever. Any exceptions to such covenants may be briefly inserted in such deed, following the description of the land; and when in the second of the above forms, shall have the efi'eet of a conveyance in fee simple to the grantee, his heirs and assigns, of all the right, title, interest and estate of tlie grantor, either in possession or expectancy, in and to the premises therein described, and al! rights, privileges and appurtenances thereto belonging.
'Here state amount or amounts 'ind fund of indeitednes.^. whether on note, hand or otheruite. time or tunes u-keii due, rate of intere.^t. I,y and lo whom pai/ahle. etc.)
The mortgagor ai{rces to pay all taxes and assessments oii said premises, and the sum of dollars attorney's fees in case of foreclosure thereof
-when executed and acknowledged according to law shall have the cfiect of a conveyance of the land therein describeil, together with all the riirlits, privileges and appurtenances thereunto belonging in ];ledge to the mortgagee, his heirs, a>signs and legal representatives for the payment of the indebtedness therein set forth. A\ith covenan: from the mortgagor that all taxes and assessments levied and assessed upon the land described during the continuance of the mortgage sliall be paid previous to the day appointed by law fir the sale cf lands for taxes, as fully as the forms of mortgage nov.' and heretofore in common use in this State, and may be foreclosed in the same manner and with the same efi'eet. ujion any defiult being made m any of the conditions thereof as to payment of either principal, interest or taxes.
Skc. 2210. An assignnicn; of a mortgiit:e substantially in the following form: For value receivdl 1, \ l'>, <'l' - . \Vi.-~consin, hereby assign to C iJ. of . Wisconsin, the within mortgage irir a certain mortgaixe executed to by E F and wife, of
Abstuact Of Laws
Bhall be sufficient to vest in the assignee for all purposes all the rights of the mortgagee under the mortgage, and the amount of the indebtedness due thereon at the date of assignment. Sucli assignment, when indorsed upon the original mortgage, shall not require an acknowledgment in order to entitle the same to be recorded.
Title To Real Property By Descent
Sec. 2270. "When any person shall die, seized of any lands, tenements or hereditaments, or any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised t!ie same, they shall descend subject to his debts, except as provided in the next section, in the rnanuer following: of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants ; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estnto equally, otherwise tliey shall take according to the right of representation.
to his parents, if living; and if either shall not be living, the survivor shall inherit his said estLite. If a woman shall die, leaving no issue, licr estate shall descend to her husband, if she shall have one at the time of her decease, and if she shall leave, surviving her, neither issue nor husband, to her parents, if living; and if cither shall not be living, the survivor shall inlierit her said estate.
his estate shall descend to his next of kin in equal degree, except that when there are two or more equilateral kindred in equal degree, but claiming tlir(.iugh difl'err-nt ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote; provided, ho\\ever, 6. If any person die leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child .shall die under age, and not having been married, all the estate th.at came to the deceased child, by inheritance from such deceased parent, shall descend in equal shares to the other childreji of the same parent, and to the i-:sueofany such other chiMren who shall have died, by right of representation.
the other children of his said jjarent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent, shall descend to all the issue of the other children of the same parent ; and if all tlie said issue are in tlio same degree of kindred to said ciiild, they shall share the said estate equally; otherwise they shall take according to tiie rigiit of representation.
and be added to the capital of the school fund. Sec. 2271. ^Viien the owner of any homestead shall die. not having lawfully devised the same, such homestead shall descend free of all judgments and claims against such deceased owner or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens, in the manner folhjwing :
Sec. 2277. Evory jierson of full age, ami any marrieil woman of tliu ago of eighteen years ami up\YarJ, being of sound mind, i-fizi'd in his or her own right of any lands, or of any right thereto, or entitled to any intere.-^t therein, descendible to his or her heirs, may devise and dispose of the same by la-t will and testament in writing; and all such estate not disposed of by will, shall descend as llic estate of an intestate, being chargeable, in b^.th cases, with the payment of all his debts or her debts, except as provided in the next preceding chapter, and in section twenty-two liundi'ed and eighty.
Six. 2278. Every devise of imd in any will shall bo construed to convey all the estate of the devisor therein, lie could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate.
Sec. 2270. Any estate, I'ight or interest in lands aci(uired by the testator, after the making of his will, shall pass thereby in like manner as if possessed at the time of making the will, if . such shall manifestly appear, by the will, to have been the intention '>f the testator.
Sec. 22S0. When any homestead shall have been dis])Osed of by the last will and testament of the owner thereof, the devisee shall take the same, free of ail judgments and claims against the testator or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens.
Sec. 228L Every person of full age, aTid every married woman of the age of eighteen years and u])ward, being of sound mind, may, by last will and te.->tament in writing, bequeath and disjiose of all his or her personal estate remaining at his or her decease, and all his or her rights thereto and interest therein, subject to the payment of debts ; and all such estate not disposed of by the will shall be administered as intestate e^^tate.
Sec. 2284. All beneficial devises, legacies and gif;s whatsoevor, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there bo two other competent snljscribing witnesses to the same ; but a mere charge on the lands of the devisor for the payment of debts, shall not prevent his creditors from being conqietent witnesses to his will.
Sec. 22s.',. Ibit if such witness, to whom any beneficial devise may have been made or given, wiiuld have been entitled to any share of the estate of the testator, in case the will was 7iot established, then so UHK'h of the "share that w^uld have de^een h 1 or been distributed to such witness as will not exceed the devise or bequest made to him in the will, shall be saved ty him, and ho may recover the same of the devisees or legatees natno'i in the will, in projiortion to and out of the parts devised or bequeathed to them.
Sec. 22SG. AVhen any child shall be born, after the making of his parent's will, and no provision shall be made thc'rein for him, such child shall have the same share in the estate of the testator as if he had died intestate; and the share of such child shall he assigned to him, as provideil bv law, in ca.-e of intestate estates, unless it shall be .Tppaivnt from the will that it was the intention of the te^tatm- that no provision should be made for sueh elidd.
Provenance
Text from History of La Crosse County, Wisconsin : Containing an Account of Its Settlement, Growth, Development and Resources : an Extensive and Minute Sketch of Its Cities, Towns and Villages-their Improvements, Industries, Manufactories, Churches, Schools and Societies : Its War Record, Biographical Sketches, Portraits of Prominent Men and Early Settlers : the Whole Preceeded by a History of Wisconsin, Statistics of the State, and an Abstract of Its Laws and Constitution and the Constitution of the United States, published 1881, in the public domain in the United States and digitised by the Internet Archive.