Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1913-01-31
POWER
ATTACKED IN COURT
CLAIM HE HAD NO AUTHORITY
TO GUST Extern ON DAY
LEGISLATURE MET.
GREAT SEAL IS LACKING
Lawyers Hold That the Absence of
This Formally Made the Order In
valid Under the Laws-Other News
of State Capitol.

Madison.-That without the great
seal of the state and the signature of
the Secretary of State John S. Dom
aid, the order of Gov. McGoyern re-
moving Fl. l.. Ekern as insurance
commissioner is void; that Jan. 8,
when the order WAS made, was leg
isiative day; that the governor while
he had the right to remove an APP
pointee for proper cause, had no au-
thority to install another appointee to
the Office, are the three principal
points ON which the plaintiffs in the
Ekern Injunction case will stand.
This was made clear in the argu-
ments of M. d. Olbrich and John A.
Awkward before Judge E. Ray Stew
ems. In connection with the first
proposition, the reason for Secretary
Donald not affixing the great seal or
signing the order is made clear. This
claim of Mr.. Ekern's attorneys, how
ever. is in direct opposition to the
opinion of Attorney General w. c..
Owen, given in answer to a rec uest
from Secretary Donald as to what his
duty was. Mr. Owen said he had no
choice in the matter He was there
as secretary of the state administra-
ton, Mr.. Owen said, to perform the
duties of secretary, which was to
keep the records of the state Just as
the secretary of any corporation kept
the records. Mr.. Aylward introduced
c a q ~ hnf fafn -, -,
support OF the claim that Jan was
a legislative day and therefore Gov.
McGovern could not act. This was
to the effect that there was no fixed
time for the legislature to meet on
the second Wednesday of January.
Originally, Mr. Aylward said, 10
o'clock N. had been the time set, but
in the revision of the statutes this
had been omitted, leaving it to the
legislature to meet at any time on
that day that it saw fit. Hence the
entire day, he asserted, was to be
considered as a legislative day.
Mr.. Olbrich was responsible for the
claim that while the governor might
remove one man, he had no authority
TO install the man appointed to fill
the vacancy. The governors author
ity ended, Mr. OIbrich contended,
when he had made the appointment.
Other points were raised, as that Mr..
Ekern had not been guilty of politi-
cal activity in such a way as to make
him subject to removal for any DO
litical cause. Authorities we're
quoted to show that an injunction
would be against Gov. McGovern as
an individual, though it was admit
ted he was immune as governor from
that form of judicial writ.
Would Wipe Out Party Lines.
Assemblyman Don c. Hall has In
troduced two bills and a resolution
in the assembly that will make poll
ticians sit up, whatever the ultimate
fate of the BILL Mr.. Hall would have
all party designations or names elm
mated at elections, making it a free
for all race and let the best man win.
One of Mr.. Halls bills reads: mo
candidate for any state Office in this
state, whether a local or state office.
shall be nominated or elected upon
any party ticket nor shall any desig-
nation or party name be used in the
nomination or election of any such
candidate. The other bill wipes out
all mention of parties or party des-
1gnations, state, central, county or
precinct committees, on any election
ballots. 1t says: ANY words or ex-
pressions relating or tending to refer
to Iitical parties, political nomina-
lions, party candidates, or party com
mittees are hereby stricken from the