PROCEEDINGS OF THE SENATE OF THE STATE OF WISCONSIN Sitting as a Committee of the Whole, Pursuant to Resolution No. 8, S., RESOLUTION 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 twentyfirst 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, gov ernor, 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 injunction order obtained 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 commis sions, 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 filling 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 in surance. 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 procedure, 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 forth with give notice to the aforesaid persons of the passage of this resolution. By Senator Bosshard. Before the Senate resolved itself into a committee of the Whole, the following message was.received from the Governor, which was read by the Clerk: To the Honorable, the Senate: STATE OF WISCONSIN, Resolution Number 8, adopted by the senate late last Thursday, was presented to me Saturday morning. In response to the request that 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 such removal, and such appointment was not made during a recess of the legislature; and Lewis A. Anderson, on the twentyfirst 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 injunction order obtained 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 commis sions, 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 filling 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 |