The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1913-01-30
GOvERNOR'SPOWER
ATTACKED N 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 Capto.

Madison. That without the great
seal of the state and the signature oil
the Secretary of State John S. Don
aid, the order of Gov. McGovern re-
moving H. L. Ekern as insurance
commissioner is void; that Jan. g.
when the order was made, was leg
Islative 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 NJ b. Olbrich and John A,
Awkward before Judge r. Ray Stey-
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. {.
owen, given in answer to a request
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 adninistra-
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.. Awkward introduced
one statement that was interesting in
support of the claim that Jan. 8 was
a legislative day and therefore Gov
McGovern could not act. This was
10 the effect that there was no fixed
time for the legislature to meet or
the second Wednesday of January
Originally, Mr.. Aylward said IL
O'Clock m. had been the time set, but
an the revision of the statutes this
had been omitted, leaving it to the
legislature to meet at any time or
that day that 1t 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
10 install the man appointed to fl
he vacancy. The governors author
i,y ended, Mr. Olbrich contended
EN- he had made the appointment
Other points were raised, as that Mr.
lrhern had not been guilty Of politi.
cal activity in such way as to make
hini subject to removal for any DO.
iitical cause. Authorities were
quoted to show that an injunction
would be against Gov. McGovern as
an individual. though it was admit.
ned he was immune as governor from
that form of judicial writ.
Would Wipe Out Party Lines.
Assemblyman Don G.. Hall has in.
Produced two bills and resolution
pn the assembly that will make poll
nicians 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 fire,
for all race and let the best man win
lOne Of Mr.. Halls bills reads: IN,
candidate for any state Office in thi,
state, whether local or state Office
shall be nominated or elected upoi
ANY party ticket nor shall any desig
nation or party name be used In tn,
nomination or election OF any such
candidate" The other bill wipac on
hii mention of parties or party des
ignations, state, central county O.
precinct committees, on any eIectio,
ballots. 1t says: Amy words or ex
pressions relating or tending to refe
70 political parties. political nomina
sions, party candidates, or party com
Dittees are hereby stricken from tn,
statutes.