the proper custodian, to eject by force if need be him who unlawfully withholds them.

Every resolution and act passed by this honorable body should be entitled to the presumption of good faith. I have endeavored so to regard this resolution. But it has not been an easy task. As a single illustration of what I mean, it refers three separate times to Mr. Ekern as the present commissioner of insurance, although he has been formally removed by me as governor, and his successor appointed, who has duly qualified, and whose confirmation is now pending before you. I prefer to regard these averments as mere inadvertencies rather than as expressive of an intention to reflect upon the action of a coordinate branch of the state government. I am sure they do not represent that spirit of respect for the executive department of government entertained by the Senate as a whole.

Respectfully submitted,

February 5, 1913.

FRANCIS E. McGOVERN,

Governor.

MORNING SESSION.

Senate Chamber, Madison, Wisconsin,

February 5th, 1913, ten o'clock, a. m. Upon motion of Senator Randolph the senate resolved itself

into a committee of the whole.

Senator Scott in the chair.

The following resolution was introduced by Senator Bosshard, and, upon motion duly made, was carried:

Resolved, That Welch & Carney, stenographers, of Milwaukee, be and they are hereby authorized to take the evidence and to

make stenographic reports of such proceedings as may be had

in the committee on the whole.

"Resolved, That the committee on the whole recommend that the senate appropriate out of the contingent fund of the senate a sum sufficient to defray the expense of said stenographic

work."

Senator Browne: I offer the following resolution:

"WHEREAS, A resolution known as resolution No. 8, S., which proposed that the senate do on Wednesday, the 5th of February,

10:30 a. m., resolve itself into a committee of the whole for the purpose of making full inquiry into the proceedings relating to the removal of Herman L. Ekern as commissioner of insurance and the appointment of Louis A. Anderson, and

WHEREAS, The only issue and inquiry is, who has the title or right to the office of commissioner of insurance, Herman L. Ekern or Louis A. Anderson, and

WHEREAS, Any action of the senate upon the resolution before it cannot affect this one issue, one way or the other, and WHEREAS, The only way that this issue can be determined is by the courts in the proper proceedings, and

WHEREAS, Proceedings have already been brought and have been duly presented to the court, who now has the matter under advisement, now, therefore, be it

Resolved, That the consideration of said resolution No. 8, S., be indefinitely postponed.

The Chairman: The question is upon the adoption of the resolution as offered by the senator from the 21st.

Senator Bosshard: Mr. President, I move the resolution be laid upon the table.

The Chairman: The senator from the 32nd moves that this resolution be laid upon the table. Is the senate ready for the question?

Senator Browne: I rise to a point of privilege. I know a motion to lay on the table is not debatable, and I presume that is why the motion was made. This matter has gone along so far and every way conceivable to prevent any debate or discussion has been made, so this motion is probably in keeping with the mode of procedure formerly had along those lines, but I ask leave of the senator to withdraw that motion for just a long enough period so I can discuss the resolution I have presented here. I do that for the reason I was not present here before when this motion to go into the committee on the whole, resolution No. 8, was presented here, and only seventeen members of this senate were present, and today we have a full senate, and I think that this question, whether we should go into the committee of the whole and consider resolution No. 8, ought to be debated and discussed before this state goes and spends its money and takes up the time of this body here in going into an investigation that is going to take days and maybe weeks, a

matter which I believe this senate has absolutely no jurisdiction of.

I say this, Mr. President, not as a partisan of any side, but simply standing here as a senator in this body, and simply as a senator in this body, to ask for a procedure that is in keeping with the dignity of this body, and not turn it into a police court, and therefore I ask the right to discuss this, and ask the senator to withdraw that motion to lie on the table so this resolution can be fully discussed by all the senators.

The Chairman: The question is upon the motion of the senator from the 32nd that the resolution be laid upon the table. Are you ready for the question?

Senator Browne: Mr. President, I ask the ayes and noes upon it.

The Chairman: The ayes and noes are called for.

Senator Randolph: Mr. President, I rise to a point of order. The ayes and noes are not permissible in committee of the whole. The Chairman: The point of order taken by the gentleman from the 15th will hold. Those in favor of the motion of the senator from the 32nd will say, "Aye"; those opposed, "No." The ayes have it and the motion is carried, and the resolution

is laid upon the table.

Senator Browne:

offer.

I have another resolution that I desire to

The Clerk: The resolution, by Mr. Browne:

WHEREAS, A resolution known as resolution No. 8, which proposed that the senate do on Wednesday, the 5th of Feb ruary, 10:30 a. m., resolve itself into a committee of the whole for the purpose of making full inquiry into the pro .ceedings relating to the removal of Herman L. Ekern as com missioner of insurance and the appointment of Louis A

Anderson, and

WHEREAS, The only issue and inquiry is, who has the title or right to the office of commissioner of insurance, Herman

L. Ekern or Louis A. Anderson, and

WHEREAS, Any action of the senate upon the resolution be fore it cannot affect this one issue one way or the other, and WHEREAS, The only way that this issue can be determined

is by the courts in the proper proceedings, and

WHEREAS, Proceedings have already been brought and have

been duly presented to the court, who now has the matter under advisement, now, therefore, be it

Resolved, That the consideration of said resolution No. 8, S., be postponed one month.

The Chairman: I would state to the senator from the 21st that this resolution will be out of order, because the committee of the whole is powerless to postpone this matter. Therefore the chair will be obliged to rule the resolution out of order at this time. What is the further pleasure of the senate?

Senator Browne: Mr. President, I appeal from the decision of the chair.

Senator Burke: It seems to me that the point raised by the chair is somewhat well taken, but I believe that this committee has a perfect right to adopt that resolution, or at least amend it in such a way that when the committee of the whole dissolves and gets back as a senate again that it will be up for their consideration, as to whether they want to adopt that resolution. Now, I think it is perfectly proper to consider whether this committee of the whole shall recommend to the senate whether that shall be adopted or not. I think the motion by the gentleman from the 21st is in order.

The Chairman: The question before the senate is, shall the decision of the chair be sustained, on the motion of the senator from the 21st. This motion will require the ayes and noes. The clerk will call the roll on the motion. Those in favor of the motion will answer aye; those opposed no.

Senator Ackley: Mr. President, those desiring in this instance to uphold the decision of the chair will vote no.

The Chairman: Will vote aye.

(The clerk thereupon called the roll with the following result:)

Ayes-Senators Ackley, Bichler, Bishop, Bosshard, Culbertson, Cunningham, Glenn, Hoyt, Huber, Husting, Kellogg, Linley, Monk, Perry, Randolph, Skogmo, Snover, Stevens, Teasdale, True, Weigle, White and Zophy-23.

Noes-Senators Browne, Burke, Kileen and Tomkins-4. Absent or not voting-Senators Albers, Martin, A. E. Richards, Martin H. C., and Weissleder-5.

The Chairman: The result of the ballot is 23 ayes and 4 noes, and the decision of the chair is sustained. The senate is

2-S. J. Ap.

now in committee of the whole. What is the further pleasure

of the senate?

Senator Zophy: Mr. Chairman, I move that we proceed on the resolution as read.

The Chairman: Gentlemen, the senator from the 7th moves that we proceed under the resolution as read. Are you ready for the question? Those in favor of the motion will say aye; those opposed no. The ayes have it, and the senate will proceed under the resolution.

Senator Burke: Mr. President, what resolution does the senator refer to? No. S?

The Chairman: Resolution No. 8, S.

Senator Burke: Now, Mr. President, I protest at this time to taking any further action under this resolution, on the ground, as I stated before, that if the charges as set forth in this resolution are true, that the proper body to investigate those charges is the assembly and not the senate. This is a constitutional provision, providing for an investigation of that kind by the senate, and then the senate resolves itself into a trial court, and I be lieve, Mr. President and Senators, that the trial court is the jury, and it is not within their province to convene and go out and seek witnesses and get testimony, and try the case, and if, upon investigation, all the charges as set forth in the resolution, No. 8, should be found by this senate to be true, and the lower house of this legislature should act upon it in the constitutional way, then the matter would be brought back to this house for the trial of the official misconduct as charged in resolution No. 8. Now, gentlemen, just see what a predicament a trial court, sup posed to be impartial, would be in. Just see what opportunity and what chances an official that might be accused of wrong. doing would have in a body of this kind. Do you think for a Iminute that this body would be in a position to give an official a fair and impartial trial? Why, no. It has already resolved itself into an inquisitorial court. It has taken a stand on some thing that it ought to pass upon as a court rather than a jury or a court of inquiry.

grand

tention to the fact that the senate has just voted to proceed The Chairman: Will the senator pardon me if I call his at

under the resolution.

Senator Burke: Why, I understand that, Mr. President. am protesting against further proceedings.

I