My action in this behalf was purely executive in character and I cannot submit to any examination by the senate concerning it nor undertake to justify it to the senate. So far as the hearing before me is reviewable at all the appeal should be made not to the senate but to the courts.

Apart from the foregoing considerations, proper attention to the duties of my office will not permit me or my executive clerk to engage in any such protracted trial or hearing as that contemplated by your resolution.

I recognize your right to conduct a proper investigation calculated to aid you legitimately in the formulation of new laws and in the amendment or repeal of existing laws. But so far as executive aid along these lines is serviceable it would seem that the Constitution of the state has pointed the way in which it should be communicated to you: namely, by message from the governor. It is manifest moreover that as to any legislation even remotely suggested by your resolution a review of executive action in the case of Mr. Ekern can furnish no legitimate aid; but were the fact otherwise the records in my office and on file with the clerk of the circuit court for Dane county, all of which are open and readily accessible to you, will serve every legitimate purpose that can possibly be accomplished by the hearing you propose.

I also recognize that incident to the exercise of the power of confirmation you have the right to inform yourselves concerning the qualifications of Mr. Anderson for the office of commissioner of insurance. But no review of executive action in removing Mr. Ekern can throw light upon this question. If Mr. Ekern was unlawfully removed, confirmation by you of Mr. Anderson can in no way affect the rights of Mr. Ekern or displace him as insurance commissioner. If, on the contrary, he was lawfully removed, no action under your resolution can make his removal unlawful or reinstate him. Thus the question of whether or not there was a vacancy in the office of commissioner of insurance when Mr. Anderson was appointed is not a matter that can properly come before the senate in any view of the case. Only by proper proceeding in the courts may the respective claims either of Mr. Ekern or of Mr. Anderson to this office be determined. An attempted review by you of the proceedings of removal not only trenches upon the executive department of government but will tend to embarrass

rather than aid the judiciary in the ultimate determination. of any question that may be presented to it. Hence, I feel that it would not be proper for me to participate in any attempt that may be made here to review what I did in removing Mr. Ekern or to countenance a proceeding which may be looked upon as calculated to influence or possibly to coerce a coödinate department of the state government.

Thus to encroach upon the authority of the other two great branches of the state government cannot I am sure be your deliberate conception of an orderly and expeditious course of procedure."

While it is unusual if not unprecendented for the governor of the state to be called upon to present to the senate his views of the qualifications of one whom he has appointed to public office and whose appointment is pending in the senate for confirmation, I respond to this subject of inquiry on your part by saying that the mere fact that I have appointed Mr. Anderson is probably the best testimonial I can give concerning my estimate of his fitness for the place. All the reports I have received concerning him indicate that he has the requisite ability, education, experience, training, and special fitness for the office to which he has been appointed. Not only has he not connived with me, as your resolution suggests, while serving as actuary in the office of the commissioner of insurance, to be appointed to said office, but the fact is that the appointment came to him without any solicitation whatever on his part. He had nothing to do with the removal of his predecessor. No evidence, no suggestion and no opinion of any sort came to me from him directly or indirectly concerning the complaint against Mr. Ekern or the evidence by which it might be sustained. Indeed for almost a year prior to the removal of Mr. Ekern and for some days afterward I had no communication of any sort whatever, direct or indirect, with Mr. Anderson. So far as I know no one can possibly be clearer than he of connection with the matters that terminated in the removal of Mr. Ekern. When the appointment was first offered to him by me a number of days after Mr. Ekern had been removed it was with the express injunction that the statute making the place non-political should be observed; and in response to this suggestion Mr. Anderson replied that this was the only condition upon which he would accept the place.

In regard to that portion of your resolution which recites that the "attempt to take possession of said office and to remove said Herman L. Ekern by force or otherwise" should be investigated, permit me to remind you that this is one of the elements of the controversy that has been presented by Mr. Ekern in the judicial proceeding now pending in the circuit court. It is no doubt within the knowledge of every member of the senate that neither I nor my executive clerk personally know anything about what took place in the office of the commissioner of insurance, and that the respective claims of the parties to the existing litigation with regard to that matter constitute a part of the record in the office of the clerk of the cirucit court for Dane county. Permit me to add, however, that I conceive it to be the duty of the chief executive of this state, if the office, books, records, or moneys of the state are withheld from the proper custodian, to eject by force, if need be, him who unlawfully withholds them.

Every resolution and act passed by this honorable body should be entitled to the presumption of good faith. I have endeavored so to regard this resolution. But it has not been an easy task. As a single illustration of what I mean, it refers three separate times to Mr. Ekern as the present commissioner of insurance, although he has been formally removed by me. as governor, and his successor appointed, who has duly qualified, and whose confirmation is now pending before you. I prefer to regard these averments as mere inadvertencies rather than as expressive of an intention to reflect upon the action of a coördinate branch of the state government. I am sure they do not represent that spirit of respect for the executive department of government entertained by the senate as a whole.

Respectfully submitted,

February 5, 1913.

FRANCIS E. McGOVERN,

Governor.

At 10:30 o'clock a. m., Senator Randolph moved, that the senate resolve itself into a committee of the whole, under Res. No. 8, S.

Senator Browne asked that the senate return to order of business No. 14, before voting on the motion of Senator Randolph. Senator Bosshard objected.

Senator Browne rose to a point of order that the motion to resolve into a committee of the whole was out of order because the calendar was unfinished.

The president held that the hour of 10:30 having arrived, under Res. No. 8, S., the point was not well taken.

Senator Burke rose to a question of parliamentary inquiry, whether the question to resolve itself into a committee of the whole is debatable.

The president answered that this motion was debatable.

Senator Burke addressed the senate, discussing the subject matter of Res. No. 8, S.

The president called Senator Burke to order, stating that the debate must be confined to the question before the senate.

Senator Browne addressed the senate discussing the subject matter of Res. No. 8, S.

Senator Randolph rose to a point of order, that Senator Browne was not speaking on the question before the senate.

The president held that the point of order was well taken. Senator Martin rose to a point of order, that Res. No. 8, S., providing that the senate resolve itself into a committee of the whole, it was the duty of the president to declare the senate resolved into a committee of the whole and to name the chairman of the committee.

The president held that the senate could not resolve to resolve itself into a committee of the whole at a future date and hence that the point was not well taken.

Senator Browne rose to a question of parliamentary inquiry, if the question whether the senate has jurisdiction in the subject matter of Res. No. 8, S., is not germane to the question, "Shall the senate resolve itself into a committee of the whole."

The president held that debate upon the subject matter of Res. No. 8, S., was not in order.

The ayes and noes being demanded, on Senator Randolph's motion, that the senate resolve itself into a committe of the whole, was: Ayes, 23, roes, 6; absent or not voting, 4, as

The vote

follows:

Ayes-Senators Ackley, Bichler, Bishop, Bosshard, Culbertson, Cunningham, Glenn, Huber, Husting, Kellogg, Linley, Martin H. C., Monk, Perry, Randolph, Scott, Skogmo, Suover, Teasdale, True, Weigle, White, and Zophy-23.

Noes-Senators Browne, Burke, Hoyt, Kileen, Stevens, and Tomkins-6.

Absent or not voting-Senators Albers, Martin A. E., Richards, and Weissleder-4.

And so the senate resolved itself into a committee of the whole.

Senator Scott in the chair.

At 11:45 o'clock a. m., :

The committee of the whole arose.

The president pro tempore took the chair.

The chairman of the committee of the whole reported that the committee has had under consideration the matter referred to it by Res. No. 8, S., and has made progress.

RECESS.

Upon motion of Senator Randolph,

The senate took a recess until 2:00 o'clock p. m.

2:00 O'CLOCK P. M.

The senate was called to order by the president.

Upon motion of Senator Randolph,

The senate resolved itself into a committee of the whole.

Senator Scott in the chair.

At 5:30 o'clock p. m.,

The committee of the whole arose and

The president took the chair.

The chairman reported that the committee of the whole has had under consideration the matter referred to it by Res. No. 8 S., and has made progress.

RECESS.

Upon motion of Senator Cunningham,

The senate took a recess until 7:30 o'clock p. m.