Wisconsin Legislature

“ As to our department in Wisconsin, we are not trying to influence our legislators in any way, we are not upon one side or another of any question nor are we for or against anybody or anything; we are merely a business branch of the government. We are not dictating legislation but are merely servants of the able and honest legislators of our state, clerks to gather and index and put together the information that these busy men desire; it is a business proposition. Question after question asked of us by the legislature is investigated in as scientific a manner as time and means permit. ”

“ The necessity for the study of comparative law and comparative institutions in America is demonstrated repeatedly in a department like the legislative reference department. For instance, a man brought to this department for drafting, a bill which was to be introduced in the Wisconsin legislature. ”

“ Is it any wonder that the clamor of public opinion is not heard within our legislative halls, and that the making of needed laws goes on so slowly? What is the remedy for all this? We look about us and on the whole find our judiciary composed of able men. Our administrative bodies have not yet reached so high a standard but we are every day developing administrative bodies which are becoming more and more fit to take charge of the business of the state but how about the legislature? ”

“ Any amendment or amendments to this constitution may be proposed in either house of the legislature, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published for three months previous to the time of holding such election ”

“ Leading cases on all these laws, opinions of public men and experts upon the working of these laws or upon the defects, technical or otherwise, are carefully indexed. As far as possible in the Wisconsin department the more important subjects with short bibliographies are published in pamphlet form.
Such a department must be absolutely non-political and non-partisan. If there is a choice between the establishment of a political department or no department at all, the latter alternative should be taken without question. ”

“ But in all cases the votes of both houses shall be determined by "yeas" and "nays," and the names voting for and against the bill shall be entered on the journal "of each house, respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law unless the legislature shall by their adjournment, prevent its return, in which case it shall not be a law. ”

“ Scraps of paper were often passed up as bills to the speaker's desk. The place was full of useless employees, many of whom never did a stroke of work. It was absolutely impossible to tell how many bills amending a certain section were before the legislature. There were no checks as to accuracy. The halls were crowded with lobbyists. It was easy for a country member to find an attorney to draft a bill for him for a small fee, especially if the bill was aimed at some corporation which could later be approached by the attorney. ”

“ The absence of such a delegation does not preclude consideration of the exercise of authority as a statute.
We are satisfied that this appeal is from an act legislative in nature and within § 1257 (2) . Integration of the Bar was effected through an interplay of action by the legislature and the court directed to fashioning a policy for the organization of the legal profession. The Wisconsin Legislature initiated the movement for integration of the Bar in 1943 when it passed the statute, chapter 315 of the Wisconsin Laws for that year, now Wis.Rev.Stat. ”

“ That is, whether a law can specify that we shall have the right of election under the law, making the provisions of the law specific, and then in the following section specify that unless they shall elect to the contrary they shall be supposed to be acting under the provisions of this law. That is the way in which Wisconsin has gone behind the constitutional part of the law.
Senator Sanborn: The Legislature can always say what the fact is presumed to be, and the presumption is that every manufacturer will elect to accept this law. ”

“ Wisconsin is fortunate to escape some of these unimportant limitations, although one very perplexing difficulty is constantly arising. In this state there is but one city of the first class—Milwaukee. The constitution forbids special legislation so that all its legislation must be made general for cities of the first class. It is practically impossible to draft a law for that city which will certainly stand the test of constitutionality under the complex limitations and the numerous court decisions involved. ”

“ So much is involved in a budget bill that the members cannot consider the items separately as they should and are inclined to either cut it arbitrarily or accept it as a whole. In Wisconsin each bill must be considered on its merits, fought over and either killed or passed. Nothing could be more desirable if at each stage, the members have before them a statement of the actual finances of the state. The budget bill—meaning one inclusive bill containing all appropriations—belongs in a responsible cabinet government and not in a government such as ours. ”

“ The legislature may not grant any extra compensation to a public officer, agent, servant or contractor after the services have been rendered or the contract has been entered into. (2) Except as provided in this subsection, the compensation of a public officer may not be increased or diminished during the term of office: (a) When any increase or decrease in the compensation of justices of the supreme court or judges of any court of record becomes effective as to any such justice or judge, it shall be effective from such date as to every such justice or judge. ”

“ Section 7 No person holding office under the United States, postmasters excepted, shall be eligible to a seat In either branch of the legislature of this state.
Section 8 A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members, in such manner and under such penalties as each house may provide. Each house shall choose its own officers. ”

“ The judicial power of this state shall be vested in a unified court system consisting of one supreme court, a court of appeals, a circuit court, such trial courts of general uniform statewide jurisdiction as the legislature may create by law, and a municipal court if authorized by the legislature under section 14. ”

“ The legislature shall establish but one system of town government, which shall be as nearly uniform as practicable; but the legislature may provide for the election at large once in every 4 years of a chief executive officer in any county with such powers of an administrative character as they may from time to time prescribe in accordance with this section and shall establish one or more systems of county government. ”

“ All county officers whose election or appointment is not provided for by this constitution shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. ”

“ The Legislature of Wisconsin lately passed a bill granting the use of all school-houses for free discussion and recreation purposes, on application by an organization of citizens. Wisconsin is the first State to write such a bill on its statute-books, thus recognizing its function as a State to minister to the social needs of its citizens just as it ministers to their other vital needs. ”

“ That the seventy-two sections or two entire townships of land set apart and reserved for the use and support of a university by an act of Congress, approved on the twelfth day of June, eighteen hundred and thirty-eight, entitled “An Act concerning a Seminary of Learning in the Territory of Wisconsin are hereby granted and conveyed to the State, to be appropriated solely to the use and support of such university, in such manner as the Legislature may prescribe. ”

“ The Wisconsin leaders, desiring to retain the advantages gained by subjection of bills to severe criticism, provided that any bill, which has been introduced into the legislature within the first thirty days of the session, whether it has passed the legislature or not, may be called out by petition and submitted to the people at the next election. ”

“ Time after time it has been found in the drafting of Wisconsin's strongest laws, that they were somewhat modified under the fire of criticisms made by attorneys and experts appearing before the legislative committees. With sufficient expert help for the legislature there is little to fear and much to gain from strong, clear argument presented by the opponents of a bill. The committee may say frankly that some kind of legislation embodying a certain idea is going to be reported and if the opponents wish it to be sane and workable they will give their best help by reasonable criticism. ”

“ The persons respectively having the highest number of votes cast jointly for them for governor and lieutenant governor shall be elected; but in case two or more slates shall have an equal and the highest number of votes for governor and lieutenant governor, the two houses of the legislature, at its next annual session shall forthwith, by joint ballot, choose one of the slates so having an equal and the highest number of votes for governor and lieutenant governor. The returns of election for governor and lieutenant governor shall be made in such manner as shall be provided by law. ”

“ In Wisconsin, the governor could not use that scheme. The chances are that if a man really had a feasible idea which would be for the general welfare of the state, he would have a hearing before the legislature and his plan would be modified in such a manner that the governor would have a much harder task to criticise it or lightly dispose of it. ”

“ And yet this Armstrong committee shows us a way of making laws and of compelling their enforcement better than boards and commissions. If we have some department working with our legislature and have that department between the sessions serve the investigating committees, we can be sure that there is always a check upon the action of our boards and commissions and that there is always at hand a remedy for evil in the hands of the people themselves. They can always ask for an investigating committee for any commission and the report of that committee will probably result in a good, sound law. ”

“ The qualified electors of this state, at the times and places of choosing the members of the legislature, shall in 1970 and every 4 years thereafter elect a secretary of state, treasurer and attorney general who shall hold their offices for 4 years. ”

“ Divided courts and reversals have left the lawyer helpless as well as the layman of the legislature. The courts have often indulged in reckless use of the power to declare laws unconstitutional on the slightest technicalities. The fourteenth amendment to the federal constitution has been very efficacious in restricting state legislation, as has also the broad interpretation of federal statutes by the federal courts. On the other hand the simple industrial conditions of fifty or a hundred years ago have given place to the present era of wonderful inventions. ”

“ There can be no question of the right of the legislature of Wisconsin to pass such laws as will subject property within her territory, held or owned by non-residents, to the payment of the debts of such owners ”

“ That ten entire sections of land, to be selected and located under the direction of the Legislature, in legal divisions of not less than one quarter section, from any of the unappropriated lands belonging to the United States within the said State, are hereby granted to the said State, for the purpose of completing the public buildings of the said State, or for the erection of others at the scat of government, under the direction of the Legislature thereof. ”

“ Of course, the committee man does not care to make himself ridiculous and so he states the business in a half-hearted report or acquiesces in the statements of the attorney before the committee. If an entirely non-partisan and non-political department existed, composed of men of ability, there is no reason why that committee could not require briefs to be filed by these attorneys for private interests and invoke the aid of this department. ”

“ No county, city, town, village, school district, sewerage district or other municipal corporation may become indebted in an amount that exceeds an allowable percentage of the taxable property located therein equalized for state purposes as provided by the legislature. ”

“ Section 3 No elector shall be entitled to vote except in the district, county, or township in which he shall have actually resided for ten days nest pre-ceding such election, Provided, That any such elector shall be permitted to vote anywhere in the state for state officers.
Section 4 No person under guardianship shall be permitted to vote at any election.
Section 5 All votes shall be given by ballot, except for such township officers as may by law be directed or allowed to be otherwise chosen; and in all elections to be made by the legislature the members thereof shall vote viva voce ”