Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1905-05-24

gor of his amendment to make Rail
road Commissioner ]. w. Thomas a
member of the proposed commission.
Senator McGillivray's address re-
viewed tile history of railroad and in
dustrial progress in America from the
landing of the Pilgrims at Plymouth
Rock. He declared that IL his opinion
the best way to control the railroa Is
was for the government TO own the
railroads, but we can't have that
now" he said, "and the next best
thing is to do the best we can and
establish a commission which shall
have power TO regulate and see that
railroads and the people have been
eood and kind to them. We recited the
many valuable grants that have been
accorded to the railroads. in land.
rich franchises, bonuses and even
exemption from the payment of taxes.
He declared that the people are not
quarreling with tn railroads because
the corporations made money, for
everyone wants to make money and
wants the corporations to prosper.
But the people have examined this
question carefully and ;houghtfully
for years, and they in their might
have declared that they need and will
have railroad commission, and we
must grant their demand" He dis
cussed the question of elective OF ap-
pointive commission and announced
that he had all through his public and
official career resisted attempts to
take from the people the right toI
elect public servants but that in this
question, after studying the matter
with the greatest of careful thought
and inquiry he felt it his duty to yield
10 the Judgment Of the committee and
favor an elective commission. He said
that subsequent legislators might finl
it wise to change this provision, but
for the present he believed that i'll
would he wise to establish an APP
pointive commission. f7r the best
men would be appointed and theI
senate would refuse 10 confirm the
appointments unless the hest men
were named.
Praise fo- Mr.. Thomas.
Speaking ON the merits Of his
amendment Senator McGiulyray De-
clared his great admiration personal
ly and as a faithful and energetic Of
fetal for Commissioner Thomas He
90. g EDrt
commissioner as to rebates and un-
paid taxes of railroads as evidencing
the ability with which Commissioner
Thomas had performed the duties re
quired Of him by the Legislature. SeI-I
ator McGilhvray read from per
s0nal private letter from Commission
er Thomas in which that official ex-
pressed his willingness TO serve on the
commission. but indicated strongly
tis reluctance to have any amendment
introduced which might eudanger the
pass age or the effectiveness of the
measure. Senator McGillivray also
referred to an opinion from the attor-
uey general expressed a week ago that
the proposed amendment would be
constitutional If incorporated into the
bill. In closing Senator McGillivray
said that his two reasons therefore
for the amendment were that it would
give to the proposed commission an
able and experienced man and that it
would save to the state some $4,000
year for nearly two years,
Legislature Cannot Appoint.
Senator Hudnall opposed the
Amendment for the reason that it.
could not be done constitutionally ana
would perhaps invaiidate the whole
law If adopted he highly praised
Commissioner Thomas" sfcrndins'
everything in This respect that hal
been said by senator McGillvray He
ganounoed that 81 The question were
upon the confirmation Of Commits
~ionar Thomas. be doubted whether
ANY senator would be 4oaud to oppose
il. "Pqt yae question for as to de-
eide az ghis time said Senator Fud-
nail lis whether Or not ID legislature
has the power to Iegislate mau into
IN office which Il creates Would
such a law if passed be valid Would
the adoption Of this amendment en-
danger he validity Of The whole law ?'
tie referred TO the fundamental pr!u-
ciple hat the legislative, executive
ana judicial branches of The govern
nseut under cur constitution were sep
arate and distinct and that neither
ot them could trespass upon the pro
vince Of another. He read from the
state constitution that all other Of
fees now existing or to b. created by
law shah be- elected or appointed as
the legislature may direct With the
voluminous reading from a number of
decisions by high courts he establish.
e. that it was well grounded in the
law that the legislature could create
Offices but had not the power to fiji
0nkEk TREFRl