USA > Wisconsin > An illustrated history of Wisconsin from prehistoric to present periods : the story of the state interspersed with realistic and romantic events > Part 54
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At West Superior, the strike of the workingmen was so great that the National Guard was ordered by the governor to the scene to preserve order.
On April 10, Ex-Governor Leonard J. Farwell died, and on July 21st, Ex- Governor Nelson Dewey passed away.
535
WISCONSIN'S STATE GOVERNORS.
EVENTS OF 1890.
The Republican state convention placed in nomination the following ticket : For governor, William D. Hoard; lieutenant-governor, Joseph B. Treat ; secretary of state, Edwin D. Coe; state treasurer, Albert G. Geilfuss ; attorney-general, James O'Neill; state superintendent, Alonzo D. Harvey ; railroad commissioner, Syver E. Brimi; commissioner of insurance, David Schreiner.
The state Democratic convention placed in nomination the following ticket : For governor, George W. Peck ; lieutenant-governor, Charles Jonas ; secretary of state, Thomas J. Cunningham ; state treasurer, John Hunner; attorney-general, James L. O'Connor ; state superintendent, Oliver E. Wells; railroad commissioner, Thomas Thompson ; commissioner of insurance, Wilbur M. Root.
From the date of the various conventions, each party organized a me- thodical and close canvass throughout the state. The principal features of the campaign were the tariff issue and the "Bennett School Law," which law the Democracy promised to repeal in event of their success. The result of the November election was almost as much of a surprise to the Democracy as to the Republicans.
The whole Democratic ticket was elected by overwhelming majorities, Governor Peck's plurality being 28,320, while his majority over all was 11,627. The Prohibition candidate, Mr. Alexander, received 11,246 votes and Mr· May, the Union Labor candidate, 5,447.
Wisconsin's representatives in the fifty-second congress were Clinton Babbitt, Charles Barwig, Allen R. Bushnell, John L. Mitchell, Geo. H. Brick- ner, Lucus M. Miller, Frank P. Couburn, Nils P. Haugen, and Thomas Lynch.
The eleventh census, which was taken this year, gave Wisconsin a popu- lation of 1,686,880.
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TOMAHAWK LAKE, WIS.
CHAPTER LXVII.
ADMINISTRATIONS OF GOVERNOR PECK.
1891-1893.
Early Life and History of Wisconsin's Funny Governor .- Legislation .- The Supreme Court Puts a Quietus on Gerrymandering .- State Treasury Cases .- General Events .- Political.
GEORGE WILBUR PECK, the fifth Democratic governor Wisconsin has ever known, was born September 28, 1840, in Jefferson county, New York. His parents moved to Wisconsin when he was three years old and settled at Cold Spring, Jefferson county, where he received his early education. The family, after living but a few years at Cold Spring, removed to Whitewater, where Mr. Peck's education was completed before he was fifteen years old. He now de- cided to learn the printers' trade, and entered the office of the Whitewater Register. When he had learned his trade thoroughly he took the position as foreman of the Whitewater Republican.
In 1860, Mr. Peck married the ac- complished Miss Francena Rowley, of Delavan, Wisconsin. He then purchased a half interest in the Jefferson County Republican, and became the leading man of the concern, doing the mechanical work and attending to the affairs in general. He staid with this paper for two years, then sold out and went to work in Madison on the State Fournal, where he remained about one year.
During the war he was a member of the Fourth Wisconsin cavalry, and was soon commissioned as second lieutenant of Company L. He entered the army in 1863, and was mustered out in 1866, having served one year in Texas after the hostilities with the south had ceased. Upon his returning north he started the Representative at Ripon. In 1867, he was elected city treasurer of that beautiful little city. Soon after this his writings attracted the attention of Mr. M. M. Pomeroy, better known as Brick Pomeroy, who offered him a salary of forty dollars per week if he would go to New York and work for him.
537
538
HISTORY OF WISCONSIN.
Mr. Peck readily consented. He remained in New York about two years, when he came to La Crosse and worked on the La Crosse Democrat, then owned by Mr. Pomeroy. This paper at one time had the largest circulation of any in the United States. He staid two years longer with Mr. Pomeroy, then the paper was sold and Mr. Peck bought an interest in it. He was elected chief of police at La Crosse, and served one year in that capacity with intelligence and popularity. In the legislature of 1874-75, Mr. Peck was chief clerk of the assembly, and, in Mr. Taylor's regime, he was assistant state treasury agent for a year.
In 1874, Mr. Peck sold out his interest in the La Crosse Democrat and established the La Crosse Sun, which paper he published for four years pre- vious to his removal to Milwaukee. He then moved his printing material to Milwaukee, and established Peck's Sun, which soon won for itself a prominent place among humorous papers, its circulation at one time reaching eighty thousand per week. It is said that for ten years George W. Peck was regarded as one of the most original, versatile and accomplished writers in. the country.
It is very probable that Mr. Peck made more money as a newspaper man than did any other man in the United States. His income was said to equal that received by the president of the United States during the years ranging from 1880 to 1885. Even in his youth the governor was a wag, and always a hail fellow, well met.
In 1880, Mr. Peck was chairman of the Democratic city and county committee of Milwaukee, but from that time on gave his entire attention to his newspaper, until he was nominated and elected for governor in the fall of 1890. At the time of his nomination the state was in great uncertainty re- garding the tariff issue and the Bennett school law. These two questions in reality gave the state to the Democracy.
Governor Peck is rather above the medium size, and somewhat portly in figure. His good nature not only appeared in Peck's Sun, but in everyday life. Although his second term has not yet expired, the people are satisfied that his official duties will be discharged in a manner that will be a credit to himself as well as to the great commonwealth which he represents.
The fortieth session of the Wisconsin legislature, the legislature which the people had elected for the purpose of bringing about the many needed re- forms, convened January 14, 1891, and adjourned April 25, 1891, after a session of one hundred and one days.
The senate was organized with Lieutenant-Governor Charles Jonas as president, John P. Hume, chief clerk, and John A. Barney, sergeant-at-arms. The assembly was organized with James A. Hogan as speaker, George W. Porth, chief clerk, and Patrick Whalen, sergeant-at-arms.
539
WISCONSIN'S STATE GOVERNORS.
The election of Governor Peck transformed the celebrated humorous writer into a man who now represents and has at heart the welfare of the state at large, without respect to party lines, as the introductory portion of his forcible and pointed message, delivered before the legislature on Wednes- day, January 15, 1891, fully illustrates :
" Fellow Citizens of the Senate and Assembly :
"Your honorable body having organized for the transaction of business, it becomes my duty to present to you such recommendations as seem to me for the best interests of the people of the state.
"The electors of Wisconsin have spoken in favor of reform in conducting the business of the state. It remains for you to see that the will of the people, as expressed, is carried out. A short business session, with economy for your watchword, the passage of as few bills as possible, consistent with the needs of the state; little interference with existing good laws; the repeal of bad laws, and the amending of such as are defective, will create a feeling of confidence on the part of the people, and help to make prosperous and happy all of your constituents. The way to bring about a short session is for every member to do his duty. The principal cause of long sessions is delay in the action of committees. A few committees that do not attend promptly to business, and allow bills to accumulate on their hands, cause the work of the session to drag, and hinder those who are willing and anxious to transact busi- ness and adjourn. The presiding officer should keep a close watch on the com- mittees, and not hesitate to call attention to those who cause unnecessary delay."
UNNECESSARY OFFICES.
"The pledge that state expenses would be reduced to the point necessary for an economical administration of state affairs, should be constantly borne in mind.
"During the past twelve years more than seventy official positions have been created by express acts of the legislature, and the reports of the secre- tary show that some two hundred and sixty-five more persons drew pay from the state treasury for personal services in 1889 than in 1878.
"These are facts sufficient in themselves to justify, if not demand, the closest scrutiny and investigation, to the end that unnecessary officials may be dispensed with, and unnecessary expense cut off.
"I recommend that this matter, together with all proposed legislation looking to the curtailing of the salary list and the reduction of expenses, be referred to a special joint committee of both houses, appointed for that pur- pose, in order that such action in the direction indicated, as the legislature may take, may be well considered, wise and effective."
After scheduling the various state offices and showing the increase of of- ficials since 1878, together with the increase in expenses entailed thereby during
540
HISTORY OF WISCONSIN.
said periods, the governor recommended a reduction in the expenses in the following offices: The dairy and food commissioner, state timber agents, and game wardens. In closing this part of the report, the governor used the following emphatic language :
" It must be remembered that all special interests and individuals, dis- posed for private purposes to retain useless officials, and continue the pay- ment of unnecessary salaries, will attend your sessions, and, by every means, in person, and by their agents, urge upon you the necessity of protecting their interests, while the whole people will be represented by no paid attorney or lobbyists, and their interests will be wholly unprotected unless you fearlessly perform your duties, and see to it that impartial investigation and unbiased judgment take the place of special pleading and selfish interests.
"Let it be demonstrated that the cause of the whole people is safe in your hands."
The message contained the following statement pertaining to the state's monetary affairs :
CASH BALANCES IN STATE TREASURY.
General fund.
$ 23,599 32
School fund.
347,872 97
School fund income 24,004 09
Normal school fund
167,999 56
University fund.
4,99º 39
Agricultural college fund
4,851 60
Drainage fund.
40,141 87
Delinquent tax fund.
1,269 14
Deposit fund.
11,507 41
Redemption fund.
28 42
St. Croix trespass fund
2,067 46
St. Croix deposit fund. 408 02
Wis. R. R. Mort. Land Co
4,549 81
Manitowoc & Calumet Swamp Land Co.
2, 164 53
Columbia & Sauk Indem. Land Co. fund.
2,606 74
Allotment fund.
916 54
Total
$638,977 87
Balances as treasurer ex-officio :
Treas. Board of Regents, University
$15,765 16
Treas. Board of Regents, Normal schools,
8,034 12
Bank redemption.
5,015 00
Soldiers' Orphan fund.
1,428 43
Deposit per cent.
2, 181 29
Total
$32,424 00
541
WISCONSIN'S STATE GOVERNORS.
The message also went quite deeply into the question of the interest on state funds, and pointed out to the legislature that the laws of 1878, which required the state treasurer to deposit and keep in the vaults of the treasury such moneys belonging to the state, had been grossly violated; that for many years the law had been systematically evaded by the state treasurers, who deposited most of the funds of the state in various banks for the purpose of personal gain.
The governor concluded this portion of the message by saying :
"The attorney-general will, therefore, in due time, institute such pro- ceedings in the courts as he shall regard proper to recover such interest moneys. The amount at stake is considerable. The labors involved are likely to be great, and it may be desirable that a moderate sum for contingent expenses should be provided to further the prosecution of these proceedings."
The message also suggested the passage of a law providing for the semi- annual payment of taxes. After dealing with the public school question, the factory labor, the Bennett law, the election laws, charitable, reformatory and penal institutions, the National Guard and the world's fair, he said :
"In conclusion I desire to call your attention to the fact that many of the reports of the different departments, boards and commissions of the state call for extra appropriations, and to remind you that a large number of new projects, all calling for money, will be urged upon you. While many of these demands may be in a measure meritorious, and at some future time worthy of careful consideration, I believe the present condition and temper of our people will not warrant unusual or extraordinary appropriations."
The legislature during its session passed an unusual amount of necessary measures, and repealed and modified numerous acts. Among the important acts passed were the Australian ballot system, which is now in operation, and an act apportioning the state into senate and assembly districts. This bill met the fate it so richly deserved, on account of its unconstitutionality.
On January 28, 1891, the Hon. William F. Vilas, the ex-secretary of the interior under the Cleveland administration, and one of Wisconsin's most brilliant lawyers, was elected United States senator.
On June 17th, Ex-Governor Harrison Ludington died, and on August 27th, Dr. Lyman C. Draper, the able and efficient secretary of the Wisconsin State Historical Society, and one of its most active workers, died.
EVENTS OF 1892.
The supreme court of the state having held that the apportionment of the state into assembly and senatorial districts was unconstitutional, the gov- ernor therefore called a special session of the legislature, which met on June 18th and adjourned July Ist, after again apportioning the state into senate and assembly districts. The question of the constitutionality of the new law
542
HISTORY OF WISCONSIN.
was again decided by the supreme court to be unconstitutional, upon which the governor called a second special session, which met on October 17th and adjourned October 27th, after having passed an act apportioning the state into senate and assembly districts. These cases were generally known through- out the state as the gerrymandering cases, and reflected little credit upon the originators of these unconstitutional laws.
THE GERRYMANDERING CASES.
Of all the cases tried in the supreme court during the last decade, none has excited more attention than the celebrated case entitled, " The State ex rel. Attorney-General vs. Cunningham, Secretary of State."
On February 2, 1891, leave was granted the attorney-general to bring an action in the supreme court in behalf of the State vs. Thomas J. Cunningham, secretary of state, to perpetually enjoin and restrain him and his successors in office, from giving or publishing notices of the election of senators and mem- bers of assembly in the various districts, constituted by Chapter 482, Laws of 1891, entitled, "An Act to Apportion the State into Senate and Assembly Dis- tricts," which act was approved April 25, 1891.
Upon the same day that leave was granted by the court, the attorney- general filed an information or complaint in that court on behalf of the state, pursuant to such order. The information was founded upon Section 3 and amended Sections 4 and 5 of Article IV., of the Constitution. These sections of the constitution are as follows :
" Section 3. The legislature shall provide by law for an enumeration of the inhabitants of the state in the year one thousand eight hundred and fifty- five, and, at the end of every ten years thereafter; and at their first session after such an enumeration, and also after each enumeration made by the au- thority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabi- tants, excluding Indians not taxed, and soldiers and officers of the United States army and navy.
" Section 4. The members of the assembly shall be chosen biennially by single districts, on the Tuesday succeeding the first Monday of November, after the adoption of this amendment, by the qualified electors of the several districts. Such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory, and be in as compact form as practi- cable.
" Section 5. The senators shall be elected by single districts of conven- ient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be
543
WISCONSIN'S STATE GOVERNORS.
numbered in the regular series, and the senators shall be chosen alternately from the odd and even numbered districts. The senators elected or holding over at the time of the adoption of this amendment shall continue in office till their successors are duly elected and qualified; and after the adoption of this amendment all senators shall be chosen for the term of four years."
Chief-Justice Lyon, in making the statement of proceedings in the case, uses the following language :
" The' information charges that Ch. 482, Laws of 1891, violates the fore- going provisions of the constitution in that : (1) It does not ' Apportion and district anew the members of the senate and assembly according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy,' as required by Sec. 3 of Art. IV. (2) Many of the assembly districts which the act attempts to form are not ' bounded by county, precinct, town or ward lines' within the meaning of that requirement in amended Sec. IV. (3) Many of the districts are not ' in as compact form as practicable ' as required by the same section. (4) Some senate districts do not consist ' of convenient contiguous territory ' as required by amended Sec. 5, of Art. IV. (5) The senate districts are so numbered that the electors in certain counties and parts of counties representing 231,218 inhabitants, who were last allowed by law to vote for senators at the general election of 1888, will not be permitted to do so again until such election in 1894, if Chapter 482 be held a valid law, while electors representing 168,809 inhabitants, who were permitted to vote for senators at the general election in 1890, will, if such act be upheld, be allowed to vote again for senators at such election in 1892. And further that the present senators in the odd-numbered districts, under Chapter 482, will represent for the next two years (or until January, 1894, when their terms will expire) 387,122 inhabitants who had no voice in their election, and 530,289 inhabitants who were permitted to participate in their election.
" The information sets out the number of inhabitants in each senate and as- sembly district in the state as formed by Chapter 482, and specifies many in- stances in which it is claimed such apportionment violates each and all the con- stitutional provisions and restrictions above mentioned. It alleges the popula- tion of the state to be 1,686,880, according to the enumeration made by author- ity of the United States in 1890, and hence, that each assembly district should have been formed to contain about 16,868 inhabitants, and each senate district about 51, 117 inhabitants, whereas the population of the senate districts at- tempted to be formed by Chapter 482 varies from 38,690 in the twenty-second district to 68,601 in the twenty-seventh district, and the population of the as- sembly districts varies from 6,823 in the district consisting of the Third Ward of Milwaukee, to 38,801 in the district consisting of the County of La Crosse.
544
HISTORY OF WISCONSIN.
It should be stated, however, that the population in a large number of the legislative districts approximates quite closely the numerical unit of representa- tion.
" It is believed that the foregoing statement of contents of the informa- tion will sufficiently explain the grounds upon which the validity of Chapter 482 is attacked, and it is not necessary to go more into detail."
" Immediately upon the filing of the information, and on the day the same was filed, the secretary of state admitted due service of the summons herein, and by his attorney, E. S. Bragg, Esq., entered his appearance to the action, and interposed a motion to dismiss the information, for the following reasons stated in the motion :
I. ""'The plaint states no facts showing the relator to have any interest in the subject-matter thereof which entitles him to a standing in court to peti- tion for relief from grievances real or supposed.'
2. "' It appears upon the face of the plaint that this court has no juris- diction of the subject-matter thereof; and that its recital and averments state no wrongs, real or supposed, cognizable in a court of law or equity.'
3. "'That the plaint of the relator fails to show any violation of the con- stitution of Wisconsin, either in letter or spirit, in the bill or act apportioning the members of the legislature for the State of Wisconsin upon the federal enumeration of population of 1890.'"
Edward S. Bragg, counsel for the defendant, filed an extensive brief, bear- ing upon the constitutionality of the act. Charles E. Esterbrook appeared as counsel for the plaintiff and George W. Bird and John C. Spooner counsel for the relator. Judge Orton, in rendering his opinion in this celebrated case, said :
" This case comes into this court, within its original jurisdiction, by bill in chancery on the relation of the attorney-general on behalf of the state, pray- ing for an injunction against Thomas J. Cunningham, secretary of state, to re- strain him as such officer from carrying into execution Chapter 482, Laws of 1891, commonly called the 'Apportionment Act,' on the ground of its un- constitutionality ; and more particularly that they refrain from giving the notices of the election of members of the senate and assembly as apportioned and dis- tricted by said act.
" The complaint informs the court, in substance, that the legislature of 1891, in attempting by said act to apportion and district anew the members of the senate and assembly, according to the enumeration of the population of the state by the United States census of 1890, did so in violation of the re- strictions contained in Sections 3-5, Article IV., of the constitution of this state, in the following particulars, viz .: First, the senate and assembly districts were not made 'according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy ; ' second,
545
WISCONSIN'S STATE GOVERNORS.
the assembly districts were not ' bounded by county lines ;' third, they were not made ' to consist of contiguous territory ; ' fourth, they were not made 'in as compact form as practicable ; ' fifth, the senate districts were not made ' of contiguous and convenient territory.'
" The complaint more particularly shows that by the last census the state contained a population of 1,686,880, and by an equal apportionment of the inhabitants each senate district should have contained 51,117, and each as- sembly district 16,868, inhabitants, as near as may be. By said apportionment many senate districts contain the number of inhabitants, omitting fractions of a thousand, as follows : Second district, 38,000 ; fifth district, 68,000 ; seventh district, 65,000 ; eighth district, 43,000 ; eleventh district, 42,000 ; fourteenth district, 45,000 ; sixteenth district, 57,000 ; seventeenth district, 61,000; eight- eenth district, 44,000; twentieth district, 42,000; twenty-second district, 37,000 ; twenty-fourth district, 58,000 ; twenty-seventh district, 68,000; thirty- second district, 38,000 ; thirty-third district, 63,000. Many assembly districts contain the number of inhabitants as follows : 38,000, 6,000, 25,000, 7,000, 24,000, 11,000, 22,000, 11,000, 23,000, 10,000, 22:000, 11,000, 21,000, 10,000, 20,000, 11,000, 20,000, 11,000. The highest difference between both the senate and assembly districts is over 30,000.
" The case was heard on demurrer to the complaint (admitting the facts), based on the grounds to the effect : First, that the court has no jurisdiction of the subject-matter ; and, second, that the complaint fails to show any viola- tion of the constitution. These two general questions, as well as others subor- dinate thereto, were very ably argued by eminent counsel on both sides; and their arguments and the authorities cited by them have rendered the court very great aid in the elucidation and decision of the case.
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