The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1905-05-27

ported the state civil service bill In
favor of concurrence. The McGilli-
vray antitrust bill was reported with
adverse recommendation. The Henry
Johnson anti-pass bill was killed. The
measure defines free pass, and pro-
vides that no state emSloye or official
may use a pass except when he is par
ticularly engaged in business of his
employer.
The Lenroot co-employe bill was
concurred III without the opposing
vote The measure provides that when
employers fail to comply with the law
in covering dangerous parts of machin-
cry they in personal injury damage
suits shall not find defense in the
claim that the injured employe was
aware Of the fact that the place where
he was working was dangerous.
By unanimous vote and without
amending it in any particular the
senate Thursday night passed the
committees substitute for the original
La Toilette railway commission bill.
| The bill was first ordered to engross-
ment by unanimous vote, and then
| upon motion of Senator Kreutzer, the
| rules Of the senate were suspended
and the bill was put upon it's final
passage.
After debating on the amendments
all day the senate ordered to third
reading the bill as reported by the
| committee On railroads, establishing
an appointive commission of three
members, at $4,000 a year, with power
to adjust rates when found extortion-
| att or unreasonable.
The debate was by far the most
| spirited and earnest of the present
session. But little personal or politi-
cal animosity or acrimony crept in
until after all the proposed amend
ments were defeated. Then Senator
Whitehead, the Stalwart leader, Of
| fered long list of amendments, all
| oof which had been examined and re-
| jected by the committee, and then
asked that discussion be delayed. Sen
ator Hudnall carried the La Toilette
Senator McGillivray addressed him
| self on the whole question of the es-
| adjustment CT a railroad commission,
! declaring unqualifedly FOR it, and con-
Guided by speaking particularly in
favor of his amendment to make Rail-
road Commissioner J. w. Thomas a
member of the proposed commission.
Senator Hudnall opposed the
amendment for the reason that it
could not be done constitutionally,
and would, perhaps, invalidate the
whole law if adopted. He highly
praised Commissioner Thomas. sec
onding everything in this respect that
had been said by Senator McGillivray.
But the question for us to decide at
this time said Senator Hudnall, lis
whether the legislature has power to
legislate a man into Office which it
creates. Would such law, if passed,
be valid? Would the adoption Of this
amendment endanger the validity OF
the whole law"
He referred to the fundamental
principle that the legislative, eXecu-
tive and judiciary branches OF the
government under our constitution
| were separate and distinct and could
not trespass upon the provinces of
one another. He read from the state
constitution that call other Offices now
existing or to be created by law shall
be elected Or appointed, as the legisla-
ture may direct
With voluminous readings from
number of decisions by high courts he
established that it was well grounded
in law that the legislature could Gre
ate offices but had not power to I'LL
them. The legislature could create an
Office and prescribe and direct as to
the manner Of it's appointment, but
could not select the person who
should fill it.
Senator Stevens proposed an cleo
tive commission; Rummel. an ap-
pointive commission to become cleo
tive in the course of years; North,
commission with little power. All
were vote-C down by decisive votes,
none receiving more than 10 votes OF
the thirty-twO senators present.