Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-06-06
extern UPHELD BY
SUPREME COURT
DECISION HOLDS INSURANCE
COMMISSIONER ILLEGALLY
REMOVED BY GOVERNOR.
TWO JuRISTS IN DlsSENSION
Chief Justice WinsIow and Justice
Barnes Do Not Agree with Majority
Opinion That Gov. McGovern Elk
ceeded His Authority.

Madison.-A decision rendered by
the Wisconsin supreme court holds
that Insurance Commissioner Herman
L. Ekern was illegally removed from
office when Gov. McGovern issued the
order against him on the ground of
political activity in supporting the as
sembly speakership candidate who OPP
posed the governor.
The decision, handed down by JUS
tice Marshall, is a majority opinion of
the court, Chief Justice Winslow and
Justice Barnes dissenting
The court holds that at the time the
custer proceedings were started, Elk
ern was commissioner in fact and in
law, and that he is SO now, and it di-
reefs that Ekern be so recognized.
The decision is complete, holding
that an injunction was the proper
proceeding to try the case, and that
there is no ground upon which suit
in quowarranto or any other legal
action may be brought in an attempt
to GUST Ekern.
AuC 0Oufk . OOuSlQStOtSs
The court reverses the order of
Judge Stevens of the circuit court,
with directions to enter judgment for
the plaintiff on the following
grounds:
Under the jurisdictional requi-
sites stated the supreme court found
that the governor committed the fol-
lowing jurisdictional errors:
Il. No sufficient notice of the
hearing was granted.
"2. The cause assigned for the re-
moval was not within the statute.
's3. Fair opportunity was not af-
forded Mr.. Ekern to present his case.
"A. The evidence produced, in no
fair view of it, made case against
Mr.. Ekern within the statute. ("
For these reasons the court issues
the following mandate:
THE facts upon which the Geci-
sion is grounded as to the governor S
jurisdiction to make the order OF re-
moval is undisputed and indisput-
able. Therefore 1t would be USE
less delay in the administration of
justice to remand this case for any
less purpose than speedy termina-
ton of the litigation by Judgment of
the merits according to the prayer
of the complainant, and as germane
thereto that at the time of the COM
mencement of this action appellant
was de jure commissioner of insur-
ance"
Ekern Denied His Rights.
The decision holds that Ekern was
denied his rights in the hearing be-
fore the governor that no offense was
charged in the complaint because the
election laws and the corrupt prac-
tice act do not apply to candidates
for speakers; and that the governor
was therefore without jurisdiction.
Saying that the governor, acting
within the scope of his duties, could
not be restrained, the court adds:
"And when he steps aside from
the sphere of his duty, and violates
the law, he is amenable to the law
the same as any other person. :
Governor Subject to Court.
The court expresses its apprecia-
ton of the Difference it owes to the
coordinate executive department, but
adds that it must not go SO far as to
cast any doubt upon its own author
ity to deal with all judicial ques-
tions, regardless of whether it may
be necessary to call in question some
act of the governor.