The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-01-30
QUESTION RIGHT TO
EhJO|N GOVERNOR
RESTRAINING ORDER SECURED
BY HERMAN r. EkERN RAISES
IMPORTANT POINT.
JURISDICTION is DISPUTED
Attorney II. /. Butler, Representing
State in Contest, Will Claim That
Governors Official Acts Are Not
Subject to judicial Review.

AUTOMATICALLY one of the
most important questions ever decid-
ed in this state is involved in the in
functional proceeding of Insurance
Commissioner Herman l.. Ekern
against Francis E. McGovern, Will
lam l.. Essman and L. A. Anderson.
The governor, superintendent of pub
lie property, and the appointee of
the governor for insurance commits
sioner are being sued as citizens in
the action. 1t Is understood that H.
l.. Butler, acting as special attorney
for the state in representing the de-
PENDANTS in the controversy, will
question the right of state court to
enjoin the executive branch of the
state government in the person of
the governor, and also whether the
governors official acts are subject to
review by such courts, which is CO.
ordinate branch of the state govern
ment. The contention will be made,
1t is said, that with such right Of
jurisdiction an official act of the
oo Aoi Soulu NC DlOChSu dllu ludt
he would he stripped of all discre-
tlonary powers. In rebuttal of these
arguments, it is said Ekerns attor-
neys will claim that the governor
must follow the statutes in any ac-
ton he takes, and that the laws pro-
vide for fair and impartial hearing
for any public officer before he may
be removed from office.
To Decrease Fatalities.
Senator Timothy Burke of Green
Bay has announced that he will in
troduce at this session of the legisla-
ture a bill which will make it law
full to kill only male deer during the
open season. In explaining the pro-
visions of the measure the senator
states that hunter would, if his bill
passes, be able to shoot only those
animals with antlers. In this way he
also points out the hunter, upon
hearing noise, would be forced to
watch for the appearance of the ant
lers and as result decided de-
crease would be shown in the num-
Der of hunting fatalities.
Referendum Bill Favored.
The judiciary committee of the
assembly voted to recommend for
passage the initiative, referendum
and recall resolution introduced by
Assemblyman c. d. Rosa. This is
the measure which Senator La Fol-
lette is so anxious to have passed.
With these measures adopted by the
people, the senator said during the
campaign, the progressive measures
OF the last ten years could never be
undermined. II passed by the pres
ent legislature it will go to the peo-
pie at the general election in 1914.
Anti-Discrimination Bill Appears.
Assemblyman Hull's "anti-discrim-
nation" bill, introduced at the last
session of the legislature, has been
reintroduced in the lower house. Its
consideration probably will precipi-
tate one of the hardest fights of this
session. The bill prohibits the resell
ing or any product at one point in the
state at price lower than that asked
at another point. when such change
is made to prevent competition.
Favor Election of Commits
The fight over the Office of insur-
ance commissioner has caused so
much disgust among members of the
legislature that an effort will be
made to make the Office elective. A
DILL was introduced to this effect by
Assemblyman Carl Hansen. Strong
support Is predicted for the measure.
which is proposed to 60 into effect
when the present appointment expires
In January, 1915.
Money for Farming Schools.
Senator Teasdale has introduced a
Dill providing that county training
schools for teachers shall receive
from the state. under proper veriflca-
ton, an amount equal to the sum ex-
pended by the county for teachers
wages, but not more than $4,000
where two teachers are employed.
nor more than $500 where three
are employed