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ing with officers of this kind, important, high, dignified, officers, the proceedings shall be orderly, whether they shall be conducted in good faith or not, and whether the laws of the stair must be observed with respect to such removals or not, and we are glad to come in here where we can present our testimony fairly, and if anyone wishes to rebut it or question us with respect to it, we will be glad to have them do it.

Mr. Chairman then we offer the complaint that was made against the insurance commissioner by Harry Curran Wilbur, and it is very short. I will take the time to read it now.

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HARRY CURRAN WILBUR, being first duly sworn on oath deposes and says:

That he is now and at all the times hereinafter mentioned was a resident elector of the city and county of Milwaukee, Wisconsin, that he is personally acquainted with Herman L. Ekern; that at all times since the 13th day of June, 1911, the said Herman L. Ekern was and still is the commissioner of insurance of the state of Wisconsin.

Deponent further says, upon information and belief, and charges the fact to be, that the said Herman L. Ekern is guilty of official mis-conduct and wilfull neglect of duty as such commissioner of insurance in this, to-wit:

That on and between the first day of January, A. D. 1913, and the 7th day of January, A. D. 1913, both inclusive, at the city of Madison, Dane County, Wisconsin, the said Herman L. Ekern did serve on and under the political committee and as manager of the political campaign, for one L. L. Johnson, who was then and there a candidate for the office of speaker of the assembly of the state of Wisconsin, contrary to the provisions of Section 1966 Y, of the Revised Statutes.

Senator Linley: What were those dates, please?

Mr. John A. Aylward: The first day of January and the 7th day of January, that he served on and under a political committee and manager of Johnson's campaign.

The said affidavit was thereupon marked "Ekern's Exhibit

Now, the order to show cause that was issued with that: "You are hereby notified that on the 8th day of January, A. D. 1913, at nine o'clock in the forencon of said day, at the executive office in the capitol, in the city of Madison, Dane County, Wisconsin, I will hear and determine the charges preferd by Harry Curran Wilbur as set forth in his certain affidavit now on Ale in my office, a copy of which is hereunto annexed, and thereupon make such order relative to your retention in or removal from the office of commissioner of insurance of Wisconsin as the facts may warrant. At which time and place you will appear and be heard in your own behalf. FRANCIS E. McGOVERN,

Governor.

Dated at Madison, Wisconsin, this 7th day of January, A. D.

1913.

To Herman L. Ekern, Commissioner of Insurance, Madison, Wis."

Mr. Aylward: I simply offer, in that connection, this, if the Chairman please, the affidavit of William L. Essmann, showing that order to show cause made returnable at nine o'clock on January 8th, was served on the commissioner at 8:41 o'clock the same morning, thus giving him nine minutes for preparation.

The said affidavit of Mr. Essmann, was thereupon marked "Ekern's Exhibit 2.”

Mr. Aylward: Now, if the Chairman please, we offer at this time the copy of the proceedings on this order to show cause, taken before the governor at his office pursuant to the order and notice and we will read them at this time.

HEARING BY THE GOVERNOR

Mr. Olbrich:

(Reading.)

At a hearing held in the executive office this 8th day of January, 1913, before me, as Governor, to determine the charges preferred against Herman L. Ekern as commissioner of insurance for the state of Wisconsin by Harry C. Wilbur, as set forth in the written complaint herein, John A. Aylward and M. O. Olbrich appearing as attorneys for the Commissioner, who was present personally.

Governor Now, Mr. Ekern and gentlemen, you have received copies of the charges and the notice of hearing? A. Yes, sir.

Mr. Aylward: Please, Your Excellency, I want to interpose at this point and say Mr. Olbrich and myself appear specially for Mr. Ekern and object at this time to any proceedings of this kind before the Governor for the reason that under the statute you have no right to proceed at this time. Under section 970 of the Revised Statutes, if I understand the purpose of this charge in the order to show cause, it is for the purpose of seeking to deprive the Commissioner of his office, and as I understand section 970 it provides that an officer, such as the commissioner, may be removed by the Governor upon satisfactory proofs at any time during the recess of the legislature and we contend at this time this is a legislative day; the law recognizes no part of the day; the legislature meets to-day at noon and that being true you have no right to proceed in this matter to deprive or seek to deprive the commissioner from his office, which you can do in this way only during a recess of the legis

lature.

Governor: The objection is overruled and the hearing will proceed.

record.

Mr. Aylward: If the court please, I wish to make this of It is now 9:30 A. M. As I understand, this notice was served on the commissioner just a few minutes before nine. That has given him some thirty-five minutes to obtain counsel and given him no opportunity whatever to inform his counsel or for his counsel to be informed of what the charges are, whether they are true or not and has given him no time to interp defense in the matter at this time. The office of the co..nissioner of insurance is a practically co-ordinate branch of our state government. It is one of the most important that we have at the opening of the session of the legislature, where many matters of importance relating to the work of that department will

ose any

be brought before the legislature, it has double importance

and

double significance and we submit that to force him on to hearing at this time would not at all comport with the dignity of the

office of which it is sought to deprive him of the title.

He is

charged with wilful misconduct in office, which is a very serious charge if true, and he ought to have opportunity to make a proper showing before your Excellency. If Your Excellency

will consider, too, while the complaint here is signed by your executive clerk, I presume you would concede you were the moving spirit in the matter and that the same was instigated at your suggestion and request and it appears that the charges are founded on a conversation which you had with the commissioner yourself. As I am informed very hastily, the only witness in court is the witness you consulted yourself with respect to this matter. You are also sitting as a trial judge. Now, I submit to your consideration that possibly it may not be necessary, but I submit that the great office of Governor of Wisconsin and the reputation of it is at stake in this proceeding as well as insurance commissioner. Your Honor is a lawyer and you know that if a man was charged with stealing even the smallest amount of property, 10c worth, if he was charged with the smallest, most trivial violation of any criminal statute, if he was charged with having killed a yellow dog, he would be entitled to an opportunity to prepare his defense. If it were the most simple civil matter brought before a Justice of the Peace the law gives him absolutely the right to ask and to have an adjournment of ample time to obtain counsel and to advise his counsel of his defense and gather his witnesses. Now, we submit in a matter peculiarly of this importance, under the circumstances where you sit as court, as Governor of a great state, where you are the party complaining, you have caused the charges to be filed, where you yourself have gone out and secured the only witnesses in court, and by reason of the seriousness of the charge and the importance of public interest that the commissioner should be entitled to and should have a fair and reasonable opportunity to prepare to meet the charge which has been laid against him and for that reason we ask that you give us a fair reasonable amount of time in which we can be informed of the situation as his attorneys, and where we may have opportunity to be advised of his defense and to obtain his witnesses and to examine the law. Now, we don't ask for anything unreasonable but we do ask a fair and reasonable time because the interests, not only of your office, but of his office, and the interests of the state of Wisconsin, are at stake, and I question whether as district attorney of Milwaukee, your Excellency

Governor: It is unnecessary to go into that, Mr. Aylward. Mr. Aylward: We ask that you give us a fair, reasonable

time to appear, we will suit ourselves to your convenience at any time in the day or evening. We therefore ask that the matter may be adjourned for such reasonable time as will give us opportunity to prepare a reply. We haven't even had an opportunity as yet to file a statement.

Governor: The motion for adjournment to continue is denied. And I will say this, I don't see any purpose but you may take exceptions. Counsel has already questioned my power as Governor to act upon this matter is limited to a recess of the legislature. There will be no doubt that the legislature will have a recess and this hearing will terminate before that, and counsel, in asking for a continuance, puts himself in the contrary position and is inconsistent in asking me to adjourn the hearing

Mr. Aylward: I submit, your honor

Governor: This hearing will proceed and be concluded before twelve o'clock.

Mr. Aylward: Now, I am here to protect my client's rights and I presume whether it is determined or not will depend upon whether or not the testimony is closed at that time. We are in court, are we not? I have been before the Governor before.

Governor Now, Mr. Aylward, if you think you are going to protract this hearing

Mr. Aylward: Let it appear that the stenographer of the Governor is here to take this testimony, and Miss Lyons on behalf of the Commissioner. Do I understand we are not to have opportunity to present our witnesses?

Governor: I have ruled, Mr. Aylward.

Mr. Aylward: When any point comes up that I think ought to be presented to an impartial judge, I will present it, now don't you go wrong on that. I will present my rights as a lawI understand that he is sitting as a judge. He is Governor of the state, acting as a judge, but he is not going to allow these proceedings to be interrupted. You needn't be afraid of that.

yer.

If the Court please, I don't know whether you wish to be called the "Court" or the "Governor;" it is elementary in every proceeding that counsel accused of a serious offense and sought to be removed from a high office shall have opportunity to file at least an answer to the charge. I want to know whether we shall have an opportunity to file that answer. I trust that

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