water channel of said river, as described and represented by such survey and plat, shall be deemed to be and is hereby declared to be a public navigable river, subject to all laws and regulations applicable to it as such.

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SECTION 3. The common council of said city shall Dock and wharf have power, by ordinance, to establish dock and wharf lines. lines upon the banks of the Milwaukee, Menomonee and Kinnickinnick rivers, and the public canals in said city, wherever the same are not established by statute; to restrain and prevent encroachments upon said rivers and canals, and obstructions thereto; and to construct, alter and maintain, or cause to be canstructed, altered and maintained, at the expense of the city, docks or wharves along the banks of said rivers and canals, where the same are not by law required to be constructed and maintained at the expense of the owners of the lots bounded on said rivers and canals respectively.

SECTION 4. The board of public works shall annually, Harbor masters. in the month of April, appoint one or more harbor masters, subject to the approval of the common council. The duties and compensation of such harbor masters, shall be prescribed by the common council, by ordinance.

Their term of office shall be one year, and until their Term of office. successors are appointed and qualified; but they shall be subject to removal at any time by the board of public works, with the approval of the common council.

SECTION 5. The board of public works shall appoint, Bridge tenders. subject to the approval of the common council, all bridge tenders, whose number, duties and compensation, shall be fixed and determined by the common council. Any bridge tender may be removed at pleasure by the board of public works, or by the mayor.

BRIDGES.

SECTION 6. Draw or swing bridges, with openings Location of draw sufficient for the passage of vessels, shall be maintained or swing bridges. and supported at the expense of the city, at the following places in said city, to-wit:

ACROSS THE MILWAUKEE RIVER.

From Pleasant street, in the First ward, to Dock street, in the Sixth ward;

From Water street, in the First ward, to Cherry street, in the Sixth ward;

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From Division street, in the First and Seventh wards, to Chestnut street, in the Second ward;

From Martin street, in the Seventh ward, to State street, in the Second ward;

From Oneida street, in the Seventh ward, to Wells street, in the Fourth ward;

From Wisconsin street, in the Third and Seventh wards, to Grand avenue, in the Fourth ward;

From Michigan street, in the Third ward, to Sycamore street, in the Fourth ward;

From Huron street, in the Third ward, to Clybourn street, in the Fourth ward;

From East Water street, in the Third ward, to Ferry street in the Fifth ward;

From Broadway, in the Third ward, to Lake street in the Fifth ward;

ACROSS THE MENOMONEE RIVER AND CANALS.

From West Water street, in the Fourth ward, to Reed street, in the Fourth ward;

On First avenue, in the Fifth and Eighth wards;

On Sixth street, in the Fourth ward;

On Muskego road, in the Fourth ward;

ACROSS THE SOUTH MENOMONEE CANAL.

On Sixth avenue, in the Eight ward;

ACROSS THE KINNICKINNIC RIVER.

On Clinton street, and on Kinnickinnic avenue, in the Twelfth ward; and

Buffalo street

bridge approaches.

ACROSS THE BAYOU.

In the Sixth ward.

It shall be the duty of the common council to perfect, as soon as practicable, the arrangement now pending for the conveyance to the city of Milwaukee of a strip of land not less than sixty feet in width, extending from the west dock line of the Milwaukee river, to West Water street, in the Fourth ward, at the point located for the western approach of the bridge proposed to be constructed across said river, from Buffalo street, in said Third ward, to the Fourth ward; and as soon as such strip of land shall

be duly conveyed to said city, the common council shall proceed to construct and complete a draw or swing bridge, and to maintain the same, across said river, from said Buffalo street to the Fourth ward, as provided by chapter 129 of the laws of 1873.

As amended by Section 27, Chapter 324, Laws of 1882, and Section 1, Chapter 182, Laws of 1889.

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SECTION 7. Stationary bridges shall also be main- Stationary bridges. tained at the expense of the city, across the Milwaukee river, from Racine street, in the first ward, to Humboldt avenue, in the sixth ward, and on North street, from the first ward to the sixth ward; also across the Milwaukee and Rock River Canal, at the foot of Humboldt avenue, at the foot of Walnut street, and at the foot of Cherry street, and across the bayou, on Dock street, in the sixth ward; across Holton's canal, on Canal street, in the Fourth and Eighth wards; in the valley of the Menomonee river on the Muskego road, in the Eighth ward; across the Kinnickinnic river, at the intersection of Clinton street and Lincoln avenue; and across the old channel of the Menomonee river, at Canal street, in the Fourth and Eighth wards.

As amended by Section 27, Chapter 324, Laws of 1882.

In an action against the city for damages in failing to maintain and repair a bridge which, by its charter, the city is required to maintain, the complaint must show that the city has sufficient funds on hand to do the work, which are lawfully applicable thereto, and must also show that there has been an unreasonable delay in doing the work. Such delay will not be presumed from an averment that the city has neglected "for the space of about one year" to repair the bridge.

Orth vs. Milwaukee, 59 Wis., 336.

SECTION 8. The common council of said city shall have the power to construct swinging or stationary bridges across any of the rivers or canals in the city, in addition to those mentioned and provided for in section seven of this chapter, whenever in their judgment public convenience may require the same; provided, that the same shall be so constructed as not unnecessarily to impede the navigation of the river or canal over which the same may be constructed; and provided, further, that the act, resolution or ordinance for the construction of any such bridge, shall require for its passage or adoption a vote of

Other swing bridges may be constructed by a two-thirds vote.

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Board to advertise for plans.

Council to select and approve plans.

¡Preservation of bridges.

two-thirds of all the members elect of the common council, and shall have no force or validity without such twothirds vote.

As amended by Section 36, Chapter 144, Laws of 1875.

SECTION 9. Whenever the common council shall, by ordinance or resolution, order the construction of any bridge, the board of public works shall have power to advertise for plans, with bids thereon, allowing each and every contractor to present his own plan and bid; also to prepare or procure plans, and to advertise for bids thereon; and the authority is hereby extended to the board of public works to select therefrom such bid and plan as shall seem to them to be the best for the interest of the city, and to report the same, together with all other plans and bids for such bridge, to said council, with their reasons for their choice; and the said council may approve said selection, and order contracts to be entered into accordingly, or may disapprove of the same, and by a vote of two-thirds of the council in favor thereof may select any other of the plans and bids so reported, and direct the board of public works to enter into contract on the same; provided, that no contract shall be entered into under this section without the authority of the council, expressed by ordinance or resolution.

SECTION 10. The general laws for the preservation of bridges, and the punishment by such laws provided for willful and malicious injuries done thereto, are hereby extended to and shall include all of said bridges, and shall apply to any willful or malicious damage which may be done to either of them, by any person or persons whomsoever; and the common council may from time to time make such by-laws or ordinances as they may deem necessary for the preservation of such bridges, and enforce the same by adequate penalties. In case of any damage damages thereto. being done to any of said bridges, by any vessel or watercraft or by the master, or any person in command thereof, such vessel or water-craft may be proceeded against under the law to provide for the collection of demands against boats and vessels.

Prosecution for

CHAPTER 285, LAWS OF 1893.

AN ACT to repeal all acts heretofore passed prohibiting the erection of bridges by cities.

SECTION 1. All those parts of the different city charters of this state, heretofore passed, prohibiting any city from erecting bridges over waters in whole or in part in this state, are hereby repealed.

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Cities may build bridges.

CHAPTER X.

WATER WORKS.

SECTION 1. From and after the first day in January, A. D. 1875, or whenever, before that time, the board of water commissioners of said city shall, by resolution, surrender the water works and property now in their charge to the city, and the common council shall consent to accept the same, all the powers, duties and functions of the board of water commissioners of the city of Milwaukee, and of the engineer and assistants, the treasurer and secretary, and all other officers, agents, employes and servants, appointed and employed by said board, shall cease and determine; and said board and its officers, agents, employes and servants, shall on that day, or at the time of such surrender and acceptance, deliver the possession of the water works, and of all property pertaining thereto, and of all their records, contracts, transactions, reports, accounts, surveys, maps, plats, estimates, profiles, plans and documents, of whatsoever nature, to the board of public works, who shall thereupon assume and have the exclusive charge and superintendence, subject to the direction of the common council, of the water works of said city; provided, that the common council may by resolution extend the time herein limited, to such later date as to them may seem best, and the powers, duties and functions of said water commissioners, and of their appointees and employes, shall continue till the expiration of the time so extended.

Surrender of water works to city.

Delivery of prop

erty pertaining

thereto.

Time may be

extended.

SECTION 2. It shall be the duty of said board of public Water matters. works to examine and consider all matters relative to supplying the city of Milwaukee with a sufficient quantity of pure and wholesome water to be taken from lake Michigan, for the use of its inhabitants.

SECTION 3. The said board shall have power to Public hydrants. construct jets and fire hydrants for public use, and