No. 2, S. Senator Randolph moved that the senate non-concur in Substitute Amendment No. 1, A., and Amendment No. 3, A., to No. 2, S., and ask for a committee on conference. Motion prevailed, and The president appointed as such committee on the part of the senate, Senators Scott, Randolph and Huber. At 2:10 o'clock p. m., Upon motion of Senator Bosshard, The senate rosolved itself into a committee of the whole, ' At 4:45 o'clock p. m., The committee of the whole arose. The president took the chair. The chairman of the committtee of the whole reported that the committee has had under consideration the matter referred to it by Res. No. 8, S., and has made further progress. RECESS. Upon motion of Senator Bishop, The senate took a recess until 7:30 o'clock p. m. 7:30 O'CLOCK P. M. The senate was called to order by the president. BILLS FOR REVISION. Senator Snover offered one bill, Senator White offered one bill, Senator Bosshard offered one bill and Senator Ackley offered one bill, which were referred to committee on Revision. RESOLUTION INTRODUCED. Res. No. 10, S., Resolved, That senate rule 20 be amended by adding thereto the following: The senate members of the joint committee on Finance shall constitute a standing committee on Contingent Expenditures to perform the duties prescribed by section 127-1 of the statutes. By Special Committee on Rules. Upon request of Senator Randolph, All rules interfering were suspended by unanimous consent, and Res. No. 10, S., Was taken up for adoption at this time. The ayes and noes were required, and the vote was: Ayes, 20; noes, 1; absent or not voting, 12, as follows: Ayes-Senators Ackley, Bishop, Cunningham, Glenn, Huber, Kellogg, Kileen, Martin A. E., Monk, Randolph, Richards, Scott, Snover, Stevens, Teasdale, Tomkins, True, Weissleder, White, and Zophy-20. Noes-Senator Culbertson-1. Absent or not voting-Senators Albers, Bichler, Bosshard, Browne, Burke, Hoyt, Husting, Linley, Martin H. C., Perry, Skogmo, and Weigle-12. And so the resolution was adopted. BILLS INTRODUCED. Read first and second times and referred. No. 96, S. (Revision No. 110). By Senator Kellogg. To committee on State Affairs. No. 97, S. (Revision No. 111). By Senator Burke. To committee on Finance. No. 98, S. (Revision No. 112). By Senator Kileen. To committee on Education and Public Welfare. No. 99, S. (Revision No. 114). By Senator Culbertson. committee on Corporations.. To No. 100, S. (Revision No. 78). By Senator Bosshard. To committee on Corporations. No. 101, S. (Revision No. 105). By Senator Bosshard. To committee on Finance. COMMITTEE REPORTS. The chief clerk reports Jt. Res. No. 15, S., correctly enrolled. At 9:55 o'clock p. m., Upon motion of Senator Randolph, The senate resolved itself into a committee of the whole, At 11:20 o'clock p. m., The committee of the whole arose. The president took the chair. REPORT OF THE COMMITTEE OF THE WHOLE. The committee of the whole of the senate of Wisconsin, by its chairman, hereby makes the following report to the senate: The senate of the state of Wisconsin on Wednesday, the 5th day of February, A. D. 1913, at 10:30 o'clock a. m., in pursuance of senate resolution No. 8, S., duly adopted at a regular session of the senate on Thursday, January 30th, A. D. 1913, resolved itself into a committee of the whole, for the purpose of making full inquiry into the matters and things set forth in said resolution. That in pursuance of said resolution and as directed thereby, the chief clerk of the senate, upon the adoption of the same, forthwith gave notice to Francis E. McGovern, governor of Wisconsin, Harry Curran Wilbur, complainant before the governor, Lewis A. Anderson, and Herman L. Ekern, by delivering to each of said persons a true copy of the original resolution No. 8, S., and taking the receipt of each of said persons therefor. That further, pursuant to said resolution, the said Francis E. McGovern, governor, Harry Curran Wilbur, complainant, Lewis A. Anderson, and Herman L. Ekern, were each duly subpoenaed by Charles A. Leicht, sergeant-at-arms of the senate of Wisconsin, and were commanded by the terms of said subpoena to appear before the senate in committee of the whole on Wednesday, February 5th; A. D. 1913, at 10:30 o'clock a. m., to testify fully in regard to the matters to be inquired into, which said subpoenas were duly and personally served on said named persons and due return made thereon. That thereafter, from time to time during the course of said inquiry and proceedings, other persons were duly subpoenaed and appeared and testified. That by the terms of said resolution No. 8, S., the said Francis E. McGovern, governor, Harry Curran Wilbur, complainant, Lewis A. Anderson, and Herman L. Ekern were invited and requested to appear by counsel and to present testimony; that during said proceedings and inquiry the said Herman L. Ekern appeared in person and by his attorneys, John A. Aylward and M. B. Olbrich; that said Lewis A. Anderson and Harry Curran Wilbur appeared in person pursuant to subpoena; that the said Francis E. McGovern, governor, ap peared neither in person nor by attorney; that the said Francis E. McGovern, governor, did, however, transmit to the senate a message in writing refusing and declining to appear at such inquiry or in anywise to participate therein, and refused to obey the subpoena served upon him. That the said committee of the whole, from time to time thereafter, pursued its inquiry and duly reported progress to the senate. That the said committee received and took testimony of all persons produced and sworn before it, and no further witnesses being subpoenaed, offered or produced, and no further evidence having been offered or submitted, and all parties having been fully heard, and the said committee having made a full, complete, impartial and careful investigation and inquiry relating to the matters provided by said resolution No. 8, S., and counsel for said Herman L. Ekern having addressed the committee, and the committee having fully considered all the evidence offered, and being fully and fairly advised in the premises,— the said committee, by its chairman, hereby makes and offers the following findings of fact as established by the clear and uncontradicted evidence: First: That the charges made and preferred in the affidavit and complaint of Harry Curran Wilbur are untrue and without foundation in fact. Second: That on Sunday, January 5, 1913, and before any charges had been preferred or filed against said Herman L. Ekern or any hearing had thereon, Francis E. McGovern, governor of Wisconsin, stated and declared to Nils P. Haugen, a member of the Wisconsin Tax Commission, that he had determined and it was his purpose to remove said Herman L. Ekern from the office of commissioner of insurance. Third: That the said Francis E. McGovern, governor, on said last named date, consulted and advised with the said Nils P. Haugen, tax commissioner, as to the advisability of appointing Lewis A. Anderson as successor to Herman L. Ekern, commissioner of insurance, and inquired as to his fitness and qualifications and his standing among the Norwegians of Wisconsin. Fourth: That on Tuesday, January 7, 1913, and before any charges had been preferred or filed against said Herman L. Ekern, or any hearing had thereon, the said Francis E. Mc Govern, governor, F. M. Wilcox, state claim agent, and legal adviser to the governor, and Harry C. Wilbur, executive clerk, counseled and advised with A. F. Belitz, assistant revisor of the Wisconsin statutes, with reference to the power of the governor to remove the said Herman L. Ekern, commissioner of insurance, without hearing or trial. : Fifth That at the request of the said Francis E. McGovern, governor, F. M. Wilcox and Harry C. Wilbur, the said A. F. Belitz on the said 7th day of January, 1913, prepared a form of affidavit and complaint for the removal of the said Herman L. Ekern, commissioner of insurance, and also prepared a blank form of order for the removal of the said commissioner of insurance, before any hearing had been had on said affidavit. Sixth That on Wednesday, January 8, at 10:40 a. m., : the said A. F. Beiltz, under direction of the said governor, prepared a complete order of removal of said Herman L. Ekern as commissioner of insurance, leaving blank the date and place of signature by the governor, which said last-named order is the identical order of removal thereafter signed by the governor and served on the said Herman L. Ekern, commissioner of insurance; and that the said last-named order was prepared and transcribed before the conclusion of the hearing before the governor, hereinafter referred to, for the removal of said Herman L. Ekern, and before the said Herman L. Ekern had testified in his own behalf. : Seventh That said affidavit and complaint, duly verified by Harry C. Wilbur, executive clerk, together with an order to show cause why the said Herman L. Ekern should not be removed from the office of commissioner of insurance, was duly served upon the said Herman L. Ekern at 8:50 a. m., January 8, 1913; that is to say, ten minutes before said order to show cause was made returnable. Eighth That immediately upon the service of said order to show cause upon him, the said Herman L. Ekern engaged his counsel, John A. Aylward and M. B. Olbrich, by telephone, and was able to reach only a few witnesses whose testimony was necessary to his defense. That thereupon the said Herman L. Ekern, with counsel and witnesses, immediately appeared before the governor. Ninth That one-half hour was allowed by the governor to |