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

any officer al any time, unless that
office were one defined by the cons itu-
ton He also said that the amend
ment did not seek 10 delay the time
when the people OF Wisconsin should
receive the benefit OF the commission,
but that as soon as the bill was
passed, the powers of the commissio,,
would Immediately vest in the present
commissioner until such time as the
commission created by the act was
elected and properly organized.
In answer to Senator HudnalTs con
tention that the primary election
should apply 10 the nominations or
members of the commission if it were
10 be elective. Senator Roehr said that
the statutes provided for the nomina-
ton by petition of judicial officers.
He then argued that as the railroad
commission was TO have power to call
witnesses. take testimony and pass
Judgment it VAS a judicial body AID
should be 50 elected He quoted from
the governors message to show thai
the people were to be trusted with the
election of officials
NOT JUDICIAL Body.
Senator Hudnall replied that one or
two things was true from Senator
R0ehr's argument: either there woulo
be no commission until January l,
LOT or he legislature would be legts-
ldtne the present railroad commission
CT into office. He also replied to the
proposition that the commission was
To be of a judicial nature, by reading
from decisions of the United States
supreme court to the effect that such
commissions are entirely administra
tive and not judicial.
Judges Are Appointed.
$ nator HudnaI declared that the
reason why we have good men on the
supreme bench was moi because they
were elected. but in spite of that facj,
because the governor in the first in
stance has always appointed the men
10 fill vacancies and the people at the
following spring election have affirmed
the appointment He declared that an
elective commission would require
that the men available as members Oh
The commission would lie required to
enter political turmoil and seek the
Office by the circulation of petitions.
The effect of this would be to re.
move the best and mos able men from
the number of available candidates,
while selfseekers would multiply. A
successful business man would revolve
in his mind the necessities and objec
tions to entering upon a political can
yass for the Office and many of the
best men would refrain from giving up
their business for such doubtful
chances This would remove the best
men from the number available for
the office. If the governor asks man
to accept the position it means that
the man has something to rely upon.
and does not have to risk his chances
upon the fortunes of a political strug-
gle to which the best and most sue
cessful men, particularly of the kind
desired and necessary for go railroad
commissioners are aYerse. He read
from the governors message portions
that were omitted by Senator Roehr
citing the fact that the railroads are
practically unanimously opposed to an
appointive commission and prefer an
elective commission. Senator HUI
nall said he was glad to be able to say
that the facts were not as completely
that was as stated by the governor,
that many of the best railroad men
were not backward in their declaration
that they favored an appointive com
mission rather than an elective body
he il
sion would be secured through an ap,
pointive system He closet his reply
10 Senator Roehr by declaring af er
quoting from the executive message
that the good of the service must lie
the guide in The matter.
McGillivray on "Constitutionalism."
Senator McGiIlivray intcrposed that
he thought an explanation was due tho
senate. in regard to The difference OF
opinion seeming to emanate from the
attorney general, as indicated in the
debate on the McGillivray amend
ment 10 make Commissioner Thomas
member of the proposed commission.
He said he had made inquiry of the
attorney general and had been in
given only one opinion and that was
the one in the letter read by Senator
McGililvray The senator also took
occasion to roundly score the argu-
ment of unconstitutionality"
What a wonderful thing this con
stitutionality business is" he eX-
claimed IF we could get it here am
maui it around on the floor for a while
maybe we could find out where we
stand If ever there is a measure that
is hard to beat, the cry of 'unconstitu
tionality' is raised. It's time the legis
lature took hold and did something.
Senator McGillivray defended Commits
sioner Thomas as a gentleman and no,
deserving the criticism passed upon
s action by Senator Hudnall. Sena-
tor Hudnall said, rising to a point of
personal privilege, that he would not
attempt to answer any personal asper-
sions, but simply desired to say tina,
| when the attorney general expressed
himself as represented at the morning
session third party was present and
/ the truth of the representation could
easily be tested Senator McGillivray
had referred to various incidents when
the legislature had appointed persons
TO do VIC X and Senator Hudnal re
piled that these instances were NOS
cases Of new Offices created but merely
requiring established officers 10 per