Senator H. C. Martin: A committee of three will be enough, I think. I want to say that I do not want to beon that committee simply because I made the motion.

Senator Randolph: Mr. Chairman, neither do I want to be on that committee because I suggested it.

The Chairman: The Chair will be glad to receive the declination of any other senators who do not wish to be on it. Senator Linley: Mr. Chairman, I do not want to be on the committee either, because I was talking in connection with it. The Chairman: The Chair will appoint the senator from the 10th (Senator Skogmo), 14th (Senator Culbertson) and 32nd (Senator Bosshard).

Senator Culbertson: Mr. Chairman, that district I repr sent, I don't care to serve on the committee.

The Chairman: You did not decline, senator.

Senator Culbertson: Well, I do decline.

The Chairman: The Chair will appoint the senator from the 11th (Senator Linley) if he will allow the Chair to do so. Senator Linley: I would rather not, Mr. Chairman. Senator Randolph: Mr. Chairman, I hope he will accept it. The Chairman: The Chair will appoint the gentleman from the 13th (Senator Husting). 10th, 13th and 32nd.

The motion now is that the committee rise and report prog

ress.

The motion prevailed.

Lieutenant Governor Morris in the Chair.

The President: The senate will be in order.

Senator Scott: Mr. President, I desire to report that the committee is making progress.

The president: The report will be received.

Further proceedings were thereupon adjourned until 7:30 o'clock P. M., February 6, 1913.

Senate Chamber, Madison, Wisconsin,

The Senate met.

February 6, 1913, 7:30 o'clock P. M.

The President in the Chair.

On motion of Senator Randolph.

The senate resolved itself into a committee of the whole. Senator Scott in the Chair.

Upon motion of Senator Randolph the committee of the whole became informal, awaiting the report of the special committee.

At 9:50 o'clock P. M.:

The Chairman: What is the pleasure of the committee? Senator Bosshard: Mr. Chairman, I desire to announce that the special committee appointed by the senate at the afternoon session, the special committee of the committee of the whole, is ready to report at this time.

The Chairman: It will be received.

The Clerk: 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 5, 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 the said Lewis A. Anderson and Harry Curran Wilbur appeared in person pursuant to subpoena; that the said Francis E. McGovern, governor, appeared neither in person nor by attorney; that the said Francis E. MeGovern, 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 pregress to the senate.

That the said committee received and took the 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 5th, 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. McGovern, governor, F. M. Wilcox, state claim agent, and legal advisor 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 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. Belitz, 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 be fore the governor.

Ninth That one half hour was allowed by the governor to the said Herman L. Ekern to consult with his attorneys and witnesses and to prepare an answer to said complaint. That said Herman L. Ekern and counsel moved for postponement of said hearing to some time later in said day, and repeatedly requested further opportunity and time for preparation; but said motion was overruled and said requests repeatedly refused, and the governor directed the hearing to proceed forthwith.

Tenth That thereupon witnesses for the complaint were sworn and testified, and after the conclusion of such testimony Herman L. Ekern was sworn on his own behalf. That before the examination in chief of the said Herman L. Ekern in his own behalf had been concluded, the governor declared the hear ing at an end, and repeatedly declared and insisted that said hearing must and would conclude before twelve o'clock noon of said day. Eleventh That at 11:50 A. M., and before the said Herman L. Ekern had concluded his testimony, and such other wit nesses of the said Herman L. Ekern, who were then and there present and ready to testify, were permitted to be sworn, the said governor summarily concluded said hearing and announced his finding sustaining said complainant and ordering the removal of the said Herman L. Ekern, Commissioner of Insurance, from office. That thereupon the said governor dated and signed the said order of removal, previously prepared as

hereinbefore set forth.

Senator Tomkins: Mr. Chairman, on behalf of the senator from the 21st (Senator Browne) I offer a minority report.