Richards, Skogmo, Snover, Stevens, Tomkins, Weigle, Weissleder, White, and Zophy-26. Noes-Senators Hoyt, Teasdale, and True -3. Absent or not voting-Senators Glenn, Linley, and Scott-3. And so the bill was indefinitely postponed. Senator Linley rose to a question of personal privilege and stated that, having been absent from the chamber when the yeas and nays were called on No. 19 S., he asked unanimous consent that the journal record a statement that he was opposed to the bill. Consent was given. No. 33, S., A bill to create section 1557f of the statutes, relating to the sale of intoxicating liquors, and providing a penalty therefor. Several senators made reference to the action of the assembly upon a similar bill. The president called the senators to order and ruled that mention in debate of any action of the assembly was out of order. The question was, Shall the bill be indefinitely postponed? The ayes and noes were demanded, and the vote was: noes, 17; absent or not voting 3, as follows: Ayes, 12; yes-Senators Ackley, Bichler, Bishop, Cunningham, Huber, Husting, Kellogg, Perry, Richards, Stevens, Tomkins, and Weissleder-12. Noes-Senators Albers, Bosshard, Burke, Culbertson, Glenn, Kileen, Linley, Martin A. E., Martin H. C., Monk, Randolph, Skogmo, Snover, Teasdale, True, Weigle, and Zophy-17. Absent or not voting-Senators Hoyt, Scott, and White---3. And so the senate refused to indefinitely postpone the bill. Senator Randolph requested that unanimous consent be given for the suspension of all rules interfering, and No. 33, S., placed upon its final passage at this time. Senator Ackley objected. Senator Randolph then moved that all rules interfering be suspended, and No. 33, S., Be placed upon its final passage at this time. The question was, Shall the rules be suspended? The ayes and noes were required, and the vote was: Ayes, 16; noes, 14; absent or not voting, 2, as follows: Ayes-Senators Bosshard, Culbertson, Glenn, Linley, Martin H. C., Monk, Perry, Randolph, Richards, Skogmo, Snover, Teasdale, Tomkins, True, Weigle, and Zophy-16. Noes-Senators Ackley, Albers, Bichler, Bishop, Burke, Cunningham, Hoyt, Huber, Husting, Kellogg, Kileen, Martin A. E., Stevens, and Weissleder-14. Absent or not voting Senators Scott and White-2. And so the senate refused to suspend the rules. No. 48, S., Upon motion of Senator Bosshard, Was laid over until Thursday, March 20, 1913. No. 328, S., Was indefinitely postponed. BILLS TO BE ORDERED TO THIRD READING. No. 7, A., Upon motion of Senator Bosshard, Was re-referred to committee on Corporations. No. 20, A., No. 31, A., and No. 88, A., Were each severally ordered to a third reading. Upon request of Senator Perry, All rules interfering were suspended by unanimous consent, and No. 88, A., Was placed upon its final concurrence at this time. No. 88, A., Were each severally read a third time, and passed. No. 166, S., A bill to appropriate to Valentine Raeth a specified sum of money to reimburse him for payments made by him. The question was, Shall the bill pass? The ayes and noes were required, and the vote was: Ayes, 26; noes, 3; absent or not voting, 3, as follows: Ayes Senators Ackley, Bichler, Bishop, Bosshard, Burke, Culbertson, Cunningham, Glenn, Hoyt, Huber, Kellogg, Linley, Martin A. E., Martin H. C., Monk, Perry, Randolph, Richards, Skogmo, Stevens, Teasdale, Tomkins, True, Weigle, Weissleder, and Zophy-26. Noes-Senators Albers, Husting, and Snover-3. Absent or not voting -Senators Kileen, Scott, and White-3. And so the bill was passed. Upon request, LEAVE OF ABSENCE. Leave of absence was granted to Senators Perry, Bosshard, Weissleder, Monk, Linley, Snover, Skogmo and Weigle until Tuesday, March 11, 1913. COMMUNICATION TO SENATE. Honorable F. M. WYLIE, MARCH 6th, 1913. Chief Clerk, Senate, Capitol. Dear Sir: Herewith opinion recently rendered to the superintendent of public property, concerning the right of the senate to make demands upon him for certain supplies, for your consideration. Yours very truly, Attorney General. MARCH 4th, 1913. Honorable WM. L. ESSMANN, Superintendent of Public Property, Madison, Wis. of a Dear Sir: In your letter of the 1st, you enclosed a copy letter from F. M. Wylie, chief clerk of the senate, in which he states that you are thereby notified that on February 27th, the senate adopted Resolution No. 18, S., instructing you to furnish pure spring water in the water coolers provided for the use of the senate and committee rooms, and you ask whether or not you are obliged under the law to recognize a resolution of this kind. Under statutes providing that departments and officers are to be furnished with supplies, this department has ruled that the department or the officer is the judge as to what supplies are reasonably necessary to enable it or him to perform the duties imposed by law. See opinion of Honorable F. L. Gilbert given to Hor orable Jos. D. Beck, commissioner of labor, under date of July 30th, 1910, and opinion of Honorable L. H. Bancroft given to you under date of March 12th, 1912. I have been unable to find any similar law relating to supplies for either house of the legislature. Section 114, Wis. Stats., 1911, provides for stationery, but makes no mention of other supplies. Chap. 19, Wis. Stats., 1911, relating to the superintendent of public property, does not appear to contain any provision that would require compliance with this resolution. In the absence of any law authorizing the supplying of spring water (and a resolution adopted by only one branch of the legislature does not have the force of law), it is my opinion that you are not obliged to comply with the resolution in question. Yours very truly, Upon motion of Senator Ackley, The senate took a recess until 5:00 o'clock p. m. 5:00 O'CLOCK P. M. The senate was called to order by the president pro tempore. MOTIONS. Senator Bosshard moved that the vote by which Jt. Res. No. 27, A., was concurred in, be reconsidered. The resolution having been messaged to the assembly, the chief clerk was directed to request the assembly to return the resolution. Pet. No. 85, S. Pet. No. 86, S. PETITIONS. By Senator Linley. To committee on Education and Public Welfare. By Senator Linley. To committee on Education and Public Welfare. COMMITTEE REPORTS. The committee on Corporations report and recommend: No. 39, S., and No. 40, S., Passage. OTTO BOSSHARD, Chairman. The committee on Education and Public Welfare report and recommend: No. 75, S., Rejection of amendment No. 1, S., to amendment No. 1, S. Adoption of amendment No. 1, S., to the bill, and passage. No. 93, S., and No. 173, S., Passage. No. 138, S., Indefinite postponement, Senator Teasdale dissenting. H. TEASDALE, Chairman. The president appointed as the members of the committee under Jt. Res. No. 32, S., on the part of the senate, Senators Skogmo, Glenn, and Kellogg. Upon request, LEAVE OF ABSENCE. Leave of absence was granted to Senator Ackley until Tuesday, March 11, 1913. ADJOURNMENT. Upon motion of Senator Teasdale, The senate adjourned, BILLS FOR REVISION. Senator Weissleder filed one bill for revision at the chief clerk's desk. |