Upon motion of Senator Randolph, Was laid over until Thursday, March 6, 1913. RECESS. Upon motion of Senator Bosshard, The senate took a recess until 4:00 o'clock p. m. 4:30 O'CLOCK P. M. The senate was called to order by the president pro tempore. BILLS FOR REVISION. Senator Linley offered one bill and Senator Ackley offered one bill, which were referred to the committee on Revision. BILLS INTRODUCED. Read first and second times and referred. No. 53, S. (Revision No. 58). By Senator Teasdale. To special committee on Highways. No. 54, S. (Revision No. 64). By Senator Browne. To com mittee on Education and Public Welfare. No. 55, S. (Revision No. 65). By Senator Weigle. To com mittee on Corporations. No. 56, S. (Revision No. 66). By Senator Linley. To committee on Judiciary. No. 57, S. (Revision No. 67). By Senator Linley. To committee on Corporations. No. 58, S. (Revision No. 68). By Senator Linley. To committee on Judiciary. No. 59, S. (Revision No. 69). By Senator Linley. To committee on Judiciary. RESOLUTIONS INTRODUCED. Res. No. 8, S., WHEREAS, There was transmitted to the senate on the fifteenth day of January, 1913, a communication by the governor submitting for the confirmation of the senate the appointment of Lewis A. Anderson as commissioner of insurance, vice Herman L. Ekern removed, and said appointment is now pending before the senate for confirmation, and a question has been raised as to whether there is a vacancy in said office of commissioner of insurance, and whether there has been any lawful removal; and WHEREAS, It is charged that in the proceedings had in the making of said order of removal the governor acted without jurisdiction upon grounds not recognized by law, and that the official act of removal was not completed during the recess of the legislature, and that for these and other reasons said order is void; and WHEREAS, It is further charged that the governor acted arbitrarily and without proofs, and that in the hearing before the governor the commissioner of insurance was not permitted to conclude his testimony, and that the governor refused to hear the testimony of material witnesses, including members of the legislature who demanded to be heard, and it is improbable that the full facts with relation to said matter will be developed in any action or proceeding in the courts relating to said matter; and WHEREAS, The governor has appointed Lewis A. Anderson to temporarily fill the vacancy claimed to exist by reason of such removal, and such appointment was not made during a recess of the legislature; and Lewis A. Anderson, on the twenty-first day of January, 1913, attempted to qualify under said appointment by the filing of his oath and bond, and attempted to take possession of said office temporarily, pending action on such recommendation by the senate; and WHEREAS, Since the making of said order down to the present time, Herman L. Ekern has continued to occupy said office of commissioner of insurance and discharge the duties thereof under the claim that the said order of removal is void; and it is charged that Lewis A. Anderson, while serving as actuary under and in the office of Herman L. Ekern, commissioner of insurance secretly connived with Francis E. McGovern, governor, to be appointed to said office under said order of removal and to take immediate possession thereof; and it is charged that upon the refusal of Herman L. Ekern to vacate said office on the demand of Lewis A. Anderson, the said Lewis A. Anderson, aided by William L. Essmann, superintendent of public property, acting under the orders and direction of Francis E. McGovern, governor, without authority, attempted to batter down a door in the office of Herman L. Ekern, commissioner of insurance, and to seize and eject him from said office by force, and that such attempt only ceased upon the service of an injunctional order obned by the said commissioner of insurance; and WHEREAS, The office of commissioner of insurance is of high rank and dignity and of great importance to the people of the state; and WHEREAS, The questions raised with regard to such removal of the commissioner of insurance and the appointment of another person in his stead may be raised in like manner with regard to other commissioners and members of other important commissions, such as the railroad, industrial and tax commissions, and it is important that the law should provide a definite and uniform method of removal; and WHEREAS, Intelligent and proper action on the part of the senate, justice to the said commissioner of insurance, and the public interest, require that all the facts and circumstances relating to such removal or attempted removal and filing of any. vacancy in such office, should be fully made known; Resolved, That the senate do, on Wednesday, the fifth day of February, at 10:30 a. m., resolve itself into a committee of the Whole for the purpose of making full inquiry into the following matters and reporting thereon to the senate: 1. The charges made to the governor in the proceedings for removal of the said Herman L. Ekern as commissioner of insur ance. 2. The proceedings had before the governor upon said charges and any proceedings or action thereon had subsequent thereto. 3. The facts surrounding the appointment of said Lewis A. Anderson, and the proceedings had thereon and subsequent thereto. 4. All matters relating to any attempt to take possession of said office and to remove said Herman L. Ekern by force or otherwise. Resolved further, That to secure an orderly and expeditious course of precdure, the said Francis E. McGovern, governor, Harry Curran Wilbur, complainant, Lewis A. Anderson, and Herman L. Ekern, commissioner of insurance, be requested to appear by counsel and to present testimony; and that the presiding officer of the senate issue subpoenas requiring the attendance of the persons aforesaid, and of such other persons as designated by the aforesaid persons or by their attorneys. Resolved further, That the chief clerk of the senate forthwith give notice to the aforesaid persons of the passage of this resolution. By Senator Bosshard. Res. No. 9, S., Resolved, That the secretary of state is hereby requested and directed to lay before the senate the record of the executive department on the appointment of a commissioner of insurance made during the session of 1911 under section 1966y of the statutes, and of all matters relating thereto and to the incumbency of said office of commissioner of insurance since the time of said appointment. By Senator Bosshard. Adopted. ADJOURNMENT. Upon motion of Senator Weigle, The senate adjourned. The senate met. FRIDAY, JANUARY 31, 1913. 10:00 O'CLOCK A. M. The president pro tempore in the chair. The calling of the roll was dispensed with. The journal of yesterday was approved. BILLS FOR REVISION Senator Bosshard offered four bills, Senator Stevens offered one bill, and Senator Ackley offered one bill, which were referred to committee on Revision. BILLS INTRODUCED. Read first and second times and referred. No. 60, S. (Revision No. 70). By Senator Teasdale. mittee on State Affairs. To com To com No. 61, S. (Revision No. 71). By Senator Teasdale. mittee on Education and Public Welfare. No. 62, S. (Revision No. 72). By Senator Browne. mittee on Judiciary. No. 63, S. (Revision No. 73). By Senator Browne. mittee on Judiciary. To com To com No. 64, S. (Revision No. 74). By Senator Browne (by request). To committee on State Affairs. By Senator True. on Education and Public Welfare. To committee By Senator True. To committee No. 65, S. (Revision No. 75). No. 66, S. (Revision No. 76). By Senator Albers. on Education and Public Welfare. No. 67, S. (Revision No. 77). To commit tee on Education and Public Welfare. 10-S. J. |