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BILLS FOR REVISION. Senator Zophy offered one bill, Senator Teasdale offered four bills and Senator Kileen offered two bills, which were referred to the committee on Revision.
Read first and second times and referred.
mittee on Education and Public Welfare.
mittee on Judiciary.
WEDNESDAY, FEBRUARY 5, 1913.
10:00 O'CLOCK A, M. The senate met. The president in the chair. Prayer was offered by the Rev. Father P. B. Knox.
The roll was called and the following senators answered to their names:
Senators Ackley, Bichler, Bishop, Bosshard, Browne, Burke, Culbertson, Cunningham, Glenn, Hoyt, Huber, Husting, Kellogg, Kileen, Linley, Martin A. E., Martin H. C., Monk, Perry, Randolph, Scott, Skogmo, Snover, Stevens, Teasdale, Tomkins, True, Weigle, White, and Zophy—30.
Absent-Senators Albers, Richards, and Weisleder--3.
The journal of yesterday was approved.
BILLS FOR REVISION.
Senator Kileen offered one bill, Senator Zophy offered one bill, Senator Skogmo offered one bill, Senator Kellogg offered one bill, Senator Burke offered two bills, Senator Cunningham offered one bill, Senator Bosshard offered two bills, and Senator Teasdale offered four bills, which were referred to the committee on Revision.
RESOLUTIONS INTRODUCED. Read first and second times and referred. Jt. Res. No. 16, S. (Revision No 89.). By Senator Culbertson.
To committee on Judiciary.
BILLS INTRODUCED. Read first and second times and referred. No. 78, S. (Revision No. 55). By Senator True. To committee
on Finance. No. 79, S. (Revision No. 90). By Senator Zophy. To commit
tee on Judiciary. No. 80, S. (Revision No. 91). By Senator Teasdale. To com
mittee on Judiciary. No. 81, S. (Revision No. 92). By Senator Teasdale. To com
mittee on Corporations. No. 82, S. (Revision No. 93). By Senator Teasdale. To.com
mittee on Education and Public Welfare. No. 83, S. (Revision No. 94). By Senator Teasdale. T. com
mittee on Finance. No.84, S. (R-vision No. 96). By Senator Kileen. Tu com
mittee on Finance.
COMMUNICATIONS TO THE SENATE.
FEBRUARY 5, 1913. CHIEF ('lerk, Senate,
Madison, Wisconsin. Dear Sir: In compliance with the provisions of Joint Resolution No. 5, S., I am transmitting here with list of those registered as legislatire counsel or agents since last report.
Very truly yours,
Secretary of State. Vime, Residenre amul Orcupation of Counsel; Viome and Alllor*s of Employer, and Subjert of Legislation.
G. R. Angell, Madison, Wis., representing himself upon Election Laws.
John L. Callahan, 3606 Clifton Ave., Milwaukee, Wis., repre. senting himself upon No. 40, A.
B. N. Moran, Rhinelander, Wis., representing Oneida County Board upon Forestry.
Emil T. Sudenklauz, Kewaunee, Wis., representing all matters directing and pertaining to the City of Kewaunee and the Kewaunee High School District, upon all legislation affecting (ity of ewannee and High School District of Kewannee, Wis.
Frank L. Fawcett, 14-75 Cawker Bldg., Milwaukee, Wis. Atty. at Law, representing himself upon Juvenile ('ourt Bill.
Burr W. Jones, Madison, Wis., representing Greek Letter Societies, upon No. 136, A.
H. F. Steele, Rhinelander, Wis., representing Oneida ('ounty, upon Reforestation.
STATE OF WISCONSIN,
Executive Office. To the Honorable, The Senate:
Resolution Number 8, adopted by the senate late last Thursday, was presented to me Saturday morning. In response to the request it contains I herewith transmit this message in conformity with the provision of the Constitution that authorizes the governor to “communicate to the legislature, at every session, the condition of the state, and recommend such matters to them for their consideration as he may deem expedient.”
Your resolution requests me, as governor, Mr. Wilbur, my executive clerk, Mr. Anderson, whom I have appointed commissioner of insurance, and Mr. Ekern, whom I removed from office, "to appear by counsel and to present testimony,” and you direct the presiding officer of the senate not only “to issue subpoenas requiring the attendance of the persons aforesaid” but also of “such other persons as designated by the aforesaid persons or by their attorneys."
The import of your resolution is therefore that a trial be had before you as a committee of the whole of the matters involved in the removal of Mr. Ekern and the appointment of his successor. In substance you seek to make myself, my executive clerk and Mr. Anderson one of the parties to the trial and Mr. Ekern the other party and you invite each to appear by counsel, and present witnesses; and you offer the aid of process at state expense to require the attendance not alone of such witnesses as you may think may be of assistance to your committee but of such other witnesses as any of the parties whom you have designated or their counsel may desire to have called in support of what you virtually treat as a controversy between the persons whom you have requested to come before you.
In all proceedings relating to the removal of Mr. Ekern as commissioner of insurance and the appointment of Mr. Anderson as his successor I acted solely in my executive capacity and in the exercise of what I conceived to be my duty as the governor of
this state. It must therefore be apparent to you that it is not competent for the senate or any committee thereof to review the proceedings thus had by a coördinate department of the state government. The responsibility of that department for what has been done is to the people and not to the senate or any of its committees. In the decision of one of its first cases (Attorney General ex rel. Taylor vs. Brown, 1 Wis. 513-522) the supreme court of this state, speaking upon the subject of the independence and separateness of the several departments of government used the following language:
“The policy of our Constitution and laws has assigned to the different departments of the state government, distinct and different duties, in the performance of which it is intended that they shall be entirely independent of each other; so that whatever power or duty is expressly given to or imposed upon the executive department, is altogether free from the interference of the other branches of the government. Especially is this the case, where the subject is committed to the discretion of the chief executive officer either by the Constitution or by the laws. So long as the power is vested in him it is to be by him exercised, and no
other branch of the government can control its exercise." You are all aware, moreover, that a proceeding is now pending in the circuit court for Dane county, brought by Mr. Ekern, in which he seeks to prevent Mr. Anderson from taking possession of the office of commissioner of insurance; that in such proceeding each of the matters of your inquiry has been made the subject of affidavits and of argument presented to the court, and that such proceeding is now pending before that court for determination.
respect for the court in which the above proceeding is now under consideration were not sufficient to prompt me to decline your request that I or my executive clerk should appear before you by counsel, or present testimony before you, or otherwise participate in what you have assumed to make an attempted review of my action as the chief executive of this state, certainly regard for the dignity of the office of governor of this state demands that your request be declined. With due respect for your honorable body I must therefore refuse to participate in any hearing before you involving a review of my action as governor in removing Mr. Ekern and appointing Mr. Anderson.