JK 6025 1896 .H8 Copy 1 LIBRARY OF CONGRESS 027 272 385 y JK 6025 1896 H8 Jopy 1 Wit'- vl y8f/«S8^J LIBRARY OP CONGRESS. Chap. Copyright No. Shelt„_Xil.bO?.^ UNITED STATES OF AMERICA -^)> ■2>- -^^ »^ :^^ ^,;*-l^'^ G> >:> :>.) 2». :z>x 3D 3j> M»ZS> ■' >>> :>z> J> >2> ::a»i?J> 3>SZ> 1% » :> )^ >£> -X* J>3 >S> - 3;x> 151 'If 3i> 3.^ 5 3 1> >:);3> »>:£> ^22> :> >^ ^> / V' 'of wj.sW^^^''^ WISCONSIN ITS STATE AND LOCAL GOVERNMENT WITH THE CONSTITUTION", AS AMENDED. C^ £^A A\(;c, A \\> tK" iS- 7 H • • o w a ? • • t) w H P-. : : b ^ HH ; : ^ •*M i> s 2 -4-3 .5 t-H l^ < SPECIMEN BALLOT _^... /topfe'. Tlckc u Prohlblllon Ticket. u Republican Ticket u NATBONAL- .rOHKBIDWE...... - ~ - - iZ iz |BEN. HARRISON Vice-Pi-esident A...ST.VENSON.... —«—■■• [WHITELAWREID...- - ™-™-™- z '.°^.t'..'''.""'!'.'^!'^: .0„NPKITZLA.E..._ - ,,,,, ^. r 11 1°-'™ - .n™.W .lENSON.. Z .lOHNC. PLUMB.... FRED. W. COON _ - '■™-— '™— - OLIVER H. CROWL ,'■''■' "■"^■''■'' - -"--"■■• X,LPE.BERTHV. HENRvascrnvm! W,l''sr„WARTz!!! .iZ'cHAWFURIr! E <-— - :- -: ''and''vice°PreSntSf 1 ^.'"'"■^■'''"''■■■::: aW.JACKSO..... XS. THOMPSON.... _ z : «-— ™ |- ..... --—-■■ TOSTENLOILBERT. --™"--- ■-™™--- - ■■■ -— — — ■ ™— ••■ E.H. WINCHESTER., ^-- irr^K'^ '-™™'"' ~ NER.._ - — -™ — — = — ™'-"'- _ _ - VBROUOHTON.... z _ E.EREOR.SSEL... ' ATLEV PETERSON... ..W.STEVENS.... - S.t=SupeH„U.„.e„t. S.U.U1 POTTER..., L.W.„Nl.ERWOOn. W.H. CHANDLER...- Railroad Commissione .„.UU.ES HATCH.. .01-r.E.CLAyTON. JOH.D.BULLO0K.._ '="^'°''--°"''^"' j ^«^Z'7co^e^.^ lENRV A. COOPER.. - 1 — ''Ifa'feWto^^thDIs .KC„.W00OAn.... "!s"t"'Dr«riof"'""''"'- .X,aUSTWILMEa.. 3i;;_;^_ ■RANK,..KRASER..^ COUNTY- .VAR,..COW„EHV_ Tieasurer E.VONSUESSM.LCH ''■'-;----; '■"■™'™'' r CHARLES R. TREAT ■harlesllvonI— ^S.^'.."'^^:-". inLLMCOWLES... z:~;:E '=''^™ ■'■■ '■""" ~ 1 z _ - z- .. MLLI.V.ll CHILI). ...| - , Su t of Schools .JAMES T.GBlFrEN. _ LEGISLATIVE 331 0, a census is taken by United States authority. In every year ending in 5 a census is taken by State authority. At the first session after a census is taken, the legislature is required to district the State into Senate and Assembly districts (34). Tliere is, there- fore, an apportionment every five years. 4. Directions for Apportioning — Tlie constitution pro- vides that these districts shall be made according to population (34) ; that the boundaries of assembly districts shall be countj^, precinct, town, or ward lines (35) ; that no assembly districts shall be divided in making senate districts (35) ; that districts shall be of contiguous territory (35). 5. Unconstitutional Apportionments — It is doubtful if there has ever been a constitutional apportionment in the liistory of the State. Gerrymandering has been done by both the political parties that have liad control of the State legislature, and with pretty nearly equal skill. 6. Decision of Supreme Court — The apportionment made by the legislature of 1891 was set aside by the Supreme Court as unconstitutional. A second apportionment made by the same legislature at a special session, met the same fate. The present apportionment was made at a second special session. 7. Effect of These Decisions — These judicial rebukes of gerrymandering have given great satisfaction to the people of the State. They have also been regarded as hopeful signs, in the other States, where gerrymandering has been quite as common and unblushing as it ever was in Wisconsin. In the future, we may safely hope, apportionments will be made watli more attention to plain constitutional requirements. 8. Present Legislation — In fact, the legislature of 1895, 332 WISCONSIN" provided for the appointment of a joint committee of nine members, six assemblymen and three senators, with representatives of the minority party of each house in the usual proportions. The committee is charged with the duty of preparing an apportionment bill in strict conformity with constitutional provisions as interpreted by the Supreme Court. 9. Senators and Assemblymen — The senatorial term is four years. The senate districts are numbered in regular series (36). At the general elections, held on the first Tuesday after the first Monday in November, in the even numbered years, senators are chosen by single districts, alternately from the odd and the even numbered districts (36). At the same time assemblymen are chosen, by single districts for the term of two years (35). 10. Eligibility — To be eligible to the legislature, a person must be a qualified elector of the district he is chosen to represent(37). As has been pointed out, this admits persons not citizens of the United States. 11. Powers of Separate Houses: Elections : Cluorum — The provisions as to elections, returns and qualifications of members, and as to quorum (38) are taken word for word from the United States constitution. The legis- lature, however, has never been able to put such un- certainty of meaning into the expression " a majority of each shall constitute a quorum to do business," as has the U. S. House of Representatives. 12. Officers: Rules : Expulsions— Each house chooses its own officers (40) except that the lieutenant-governor is president of the senate (71). Each house determines the rules of its own proceedings and has the power to expel members for contempt or disorderly conduct (39). LEGISLATIVE 333 13. Meetings — The legislature meets in Madison in regular session, once every two years. The day of meeting is the second Wednesday of January after the election (42). 14. Privileges of Members — The privileges of members and the restrictions placed upon them (43, 44, 46, 47) are nearly identical with similar privileges and restric- tions of United States senators and representatives (Y. C, B. p. 108). 15. Vacancies — Vacancies are filled by special elections called by the governor (45). 16. Bills — Any bill may originate in either house (50). In Congress, all bills for raising revenue must originate in the House of Representatives (Y. C. B., p. 108), 17. Salaries — The compensation of members of the senate and assembly is five hundred dollars, for each regular session, and mileage at the rate of ten cents a mile in going to and returning from, the same (52). There is no extra compensation for attendance at special sessions, except the regular allowance for mileage (52). 18. Town and County Government — There shall be but one system of town and county government (54) and I he powers of county boards may be prescribed by the legislature (53). 19. County Boards— The county boards at present, are made up of the chairmen of the several town boards in the county, one member from each incorporated village, and one from each ward of each city. The boards meet annually on the Tuesday next succeeding the second Monday of November. They are very im- portant bodies, clothed witli large powers, tliough the student should notice that they have no implied powers. 334 WISCONSIN All their powers are conferred upon them by the legis- lature. These powers may be increased or diminished, at the pleasure of the legislature. 20. Powers — Among their other powers the county board may, — a. Settle and examine all the accounts of the county. b. Apportion and order the levying of taxes. C. Make lists of jurors. d. Build, and keep in repair, the county buildings. e. Organize, and change the boundaries of towns. f. Incorporate literary, benevolent, charitable and scientific institutions. g. Change the name of any town or village or .person in the county. li. Appropriate a sum of money not exceeding ten thousand dollars for a soldiers' monument. i. Fix the salaries of county officers. 21. Suits Against the State — The eleventh amendment to the United States constitution, provides that no citizen of any State can sue another State in the United States Courts ( Y. C. B., p. 123). The State constitution directs the legislature to determine by law, in what manner and in what court suits may be brought against the State (58). All such claims must first be presented to the legislature. Should the legislature refuse to allow the claim, the suitor may prosecute it in the Supreme Court of the State. The State in such suits is defended by the attorney-general. 22. Official Oaths — Members of the legislature, and all State, county, and town officers, must make an official oath, or affirmation, to support the constitution of the United States and the constitution of the State (59). 23. Wisconsin National Guard — The State militia is now LEGISLATIVE 335 known as the Wisconsin National Guard. It consists of four regiments of infantry, one troop of cavalry and one battery of light artillery, in all 2,445 men (60). It is in a state of great efficiency.* 24. Private and Local Laws — The legislature used to be burdened witli a great number of private and local measures. In 1875, the constitution was amended so as to prohibit the legislature from enacting any such laws in nine very important cases (62). In 1892, by another amendment, the legislature was still further restricted. No special laws can now be passed for in- corporating any city or amending its charter (62). The people directed the legislature to provide for these cases by general laws and tlie legislature has done so (63). 25. Powers Given to County Boards — Many of these powers are now exercised by the county boards, under authority conferred upon them by general acts of the legislature. 26. Cities Classified — By a general act the cities of the State are divided into four classes. Cities of one hun- dred fifty thousand inhabitants, or over, constitute the first class. Milwaukee is the only city of the class. Cities of forty thousand inhabitants, or over, but * While this is being written (July 1895), United States soldiers — cav- alry and artillery — to the number of 200 men are marching from Camp Sheridan, near Chicago, to Camp Douglas, in Juneau Co. These United States forces are ordered to camp at Camp Douglas during the annual encampment of the Wisconsin Xational Guard, in order to instruct the Wisconsin forces in the United States discipline prescribed by Congress (Y.C.B., p. 110). Great standing armies are a menace to the liberties of the people, but every people should foster enough of the war spirit to make them secure from invasion. All members of the Wisconsin ;N"ational Guard are volunteers. 336 WISCONSIN less than one hundred fifty thousand, constitute the second class. There are no cities of this class, at pres- ent. Cities of ten thousand inhabitants, or over, but under forty thousand, constitute tlie third class. Cities of fifteen hundred inhabitants, or over, but under ten thousand, constitute the fourth class. 27. General Charters for Cities — There is a general charter, with special provisions for each of the separate classes of cities. New cities must organize under the general charter with the powers of the class to which they belong. Cities under special charters may reor- ganize under the general charter, but they are not com- pelled to do so. If the law had been made to apply to cities already existing, there would have been uniform- ity in city government, as there is in town and county government. The amendment of 1892 has cut off a large amount of special legislation. Since the amend- ment, no changes can be made in the charter of any city, without involving like changes in the charter of every other city of the same class. 28. Sources of Legislative Power — The student will no- tice that while there are prohibitions upon the power of the legislature, corresponding to, and in many cases iden- tical with the prohibitions upon the United States con- gress, there is no enumeration of the powers of the legisla- ture, corresponding to the enumeration of the powers of congress. The reason is, that congress has no powers except those granted by the constitution while the State constitution must not be construed as granting power to the legislature. It is rather a limitation of the powers of the legislature. It is competent for the legislature to exercise all legislative power, not forbidden by (a) the State constitution, (b) or the United States con- COUNTY GOVERNMENT 337 stitution, or (c) delegated to congress.* In other words, congress may do anything it is authorized to do ; the State legislature may do anything it is wot forbidden to do. Chapter VIII. — Couxty Government 1. County Le^slatnre — As we have seen, the county board is the legislative arm of the county government. 2. Sheriff and Coroner — Executive Officers — The execu- tive officers are the sheriff and the coroner (77). 3. Administrative officers — The administrative officers are the clerk, treasurer, register of deeds, surveyor, dis- trict attorney and school superintendent. 4. Judicial Officers — The judicial officers are the county judge, the clerk of the court, and the court com- missioners. 5. When Elected— Terms of Office — All county officers are elected at the general elections in November, for the term of two years, except the county judge, elected at the spring elections in April for four years, and the court commissioners, appointed by the circuit judge and holding office during the term of the judge appointing them. 6. Duties of Sheriff — The duties of the sheriff previously given (Y. C. B., p. 54) apply to Wisconsin. He appoints an undersheriff and a number of deputy sheriffs, for whose official acts he is responsible. He is ineligible for re-election for two j'ears after the close of his term (77). 7. Duties of Coroner — The office of coroner in Wis- consin is peculiar. Inquests are usually held by justices of the peace, though in all counties the coroner may *Bnshnell v. Beloit, 10 Wis. 195. 22 338 WISCONSIN hold them, and in counties of over ninety-five thousand inhabitants he is required to hold them. He acts as sheriff when there is a vacancy in that office, and when the sheriff is a litigant. 8. Duties of County Clerk — The county clerk keeps a record of the transactions of the county board. He signs all orders on the county treasurer, and keeps a list of all orders drawn. He reports on oath, to the county board at their annual meeting all moneys re- ceived and disbursed by him. He has various other duties. 9. Duties of Treasurer — The treasurer takes charge of all the money of the county. 10. Duties of Register of Deeds — The register of deeds, in some States, called the recorder (Y.C.B., p. 54), keeps a record of births, deaths, and marriages in his county. He records all deeds, real-estate mortgages, city and village plats, certificates of organization of corporations, and- quite a number of other legal papers. He is obliged to furnish certified copies of any of these records to any per- sons asking for them and tendering the fee fixed by law. 11. Duties of Surveyor — The county surveyor makes all surveys required of him by any court, or by any individ- ual or corporation. He keeps a record of the plats, and field notes of all his surveys, and furnishes copies of any of the records of his office. His fees are fixed by law. 12. Duties of District Attorney — The duties of the dis- trict attorney already explained (Y. C. B., p. 55) apply to Wisconsin. 13. Duties of Superintendent of Schools — The county superintendent examines teachers and issues certificates to them. He has general supervision of all of the common TOWN GOVERNMENT 339 schools of the county not under city boards of educa- tion. 14. Duties of County Judge —One principal duty of the county judge is the probate of wills. Probate courts have been abolished by the legislature (92), and their powers conferred upon the county courts. The count}" judge has also many otlier duties. 15. Duties of Clerk of the Court— The clerk of the court is the clerk of the Circuit Court. He is not an officer of the county court, except for the purpose of certifying to copies and transcripts of all the records and files of the county court, to be used outside of the State. He keeps all the records, books, and papers of the circuit court. He keeps a record of all the judgments and orders of the court. He keeps a court record including a list of all the cases tried in the court, with the names of the parties, designated as plaintiffs or defendants, the names of the attorneys of the respective parties, a brief statement of the nature of the suit, and how it was dis- posed of. He keeps a similar record of all criminal pro- ceedings. He keeps a list of the names of all persons admitted to United States citizenship by the court. His fees are determined by law. 16. Duties of Court Commissioners — Court commissioners have all the powers of circuit judges '' at chambers," tliat is, when not engaged in holding court. Chapter IX. — Town Government 1. The Town a Pure Democracy — On account of the large New England element in the State, the town has re- tained many of the features of the New England town- ship. It is a very close approach to a pure democracy. The people meet in town-meeting every spring, on the 340 WISCONSIN first Tuesday of April, and legislate upon such matters as voting taxes for schools, roads, bridges, and the care of the poor as they see fit. All the town officers report to the people at this meeting and officers are elected for the next year. 2. Town Board — The town board of supervisors con- sists of three members, one of whom is designated chair- man, and, as we have seen, serves on the county board. The town board enforces the orders of the people at the spring election. It has control of all the property of the town. It forms and alters school districts and fills vacancies in town offices. The members of the board are the inspectors of elections, and together with the town clerk and the assessor they form the town board of review of assessments for taxes. Tlie board lias a wide range of important duties. 3. Town Clerk — The town clerk is the secretary of the town board. He keeps a record of all the proceedings of the board, and an account of all moneys received and paid out. He is clerk of all town meetings also. He has the custody of all chattel mortgages. 4. Town Treasurer — The town treasurer receives and pays out the money of the town. He is also tax collector. 5. Assessor : Boards of Review — The assessor makes a list of all the taxable property of the town, both real and personal, and puts a value upon it. At the meetings of the board of review, spoken of above, any one aggrieved may appear and show cause why the valuation of any property should be changed. When the work of the board of review is completed the assessment is said to be equalized. It may be noted here, that the county board constitutes a board of equalization as between the different towns of the county, and the secretary of State, EXECUTIVE 341 State treasurer, and attorney-general, constitute a State board of equalization as between the different counties of the State. 6. ConstaWes — The constables, of whom there are not more than three in each town, are the ministerial officers of justices of the peace. They may be required by the sheriff to attend upon the sessions of the Circuit Court. They may serve any legal process within their county wlien so directed bj^ any court. 7. Justices of the Peace — There are four justices of the peace in each town. The term of office is two years. They are judicial officers with jurisdiction co-extensive with the county, in civil cases where the amount in controversy does not exceed two hundred dollars, and of criminal cases where the punishment does not exceed six months' imprisonment in the county jail or a fine of five hundred dollars, or both. They may administer oaths, take acknowledgments, solemnize marriages and have many other powers. Chapter X. — Executive. 1. Governor and Lieutenant-Governor — The executive power is vested in a governor who, together with a lieu- tenant-governor, is elected for a term of two years by the qualified electors of the State (64). The qualifica- tions for both offices are the same as for other non- judicial State offices, except that United States citizen- ship is added (65). 2. How Elected — A majority vote is not required for these, or any other state offices. The candidate receiv- ing more votes than any other, is elected. In case of a tie, the legislature, in joint session, chooses by ballot 342 WISCONSIN one of the persons having an equal and the highest num- ber of votes (66). 3. Powers of Governor — The governor is commander-in- chief of the military and naval forces of the State. He may call special sessions of the legislature and may convene it for certain reasons at other places than Madi- son. He sends to every sessiv^n of the legislature, a paper called the governor's message, giving the condi- tion of the State and making such recommendations as seem to him expedient. He transacts the business of the state with all the civil and military officers. He expedites all measures resolved upon by the legislature, and sees that the laws are faithfully executed (67). His compensation is five thousand dollars a j^ear (68). He may grant pardons and reprieves except in cases of treason and impeachment (69). The manner of mak- ing applications for pardons is prescribed by law, and the governor is required to communicate annually to the legislature each case pardoned with the name of the convict, and his reasons for pardoning him (69). It must be somewhat difficult for the governor to comply with this constitutional requirement since the legis- lature meets only once in two years. Like the president, he has the veto power, and under almost identical re- strictions (Y. C. B., p. 139.) (73). When the office be- comes vacant, the lieutenant-governor becomes gover- nor (70). 4. How Bills become Laws — The provisions of the con- stitution prescribing how bills may become laws are taken from the United States constitution with only very slight variations (Y. C. B., p. 139.) (73). ADMINISTRATIVE 343 Chapter XI. — Admikistratiye 1. Departments — There are only three departments in the United States government — legislative, executive and judicial. All administrative officers are officers of the executive. This is not true in the state govern- ment. The president has a cabinet of official advisers in the heads of the great departments. The governor has no such cabinet. OFFICERS ELECTED BY THE PEOPLE FOR TWO YEARS 2. The Secretary of State, who keeps the records of the official acts of the legislative and executive departments, acts as State auditor, and performs many other duties assigned him by law (76). His yearly compensation is $5000. 3. The Treasurer, who takes care of the moneys of the State and has many other duties (76). Salary $5000. 4. The Attorney-General, who is the legal advisor of the State officers and the lawyer of the State (76). Salary, $3000. 5. The State Superintendent, who has charge of pub- lic instruction (115 and note). Salary, $1200. 6. The Railroad Commissioner, who inquires into any neglect or violation of the laws by railroad corporations, and examines the condition and equipments of all the railroads of the State with relation to public safety. He collects statistics as to the actual cost, receipts, expendi- tures, and net earnings of railroads, reports the same to the State treasurer, and publishes every year a railroad map of the State. Salary, $3000. 344 WISCONSIN 7. The Insurance Commissioner, who has general super- intendence of all insurance companies doing business in the State and authority to inquire into their financial standing, to require tliem to report to him such facts as he may require, and to see that they obey the State in- surance laws. Salary, $3000. OFFICERS APPOINTED BY THE GOVERNOR 8. The Commissioner of Labor, Census, and Industrial Statistics, whose duty it is to collect and collate statistics relating to the manufactures, industrial classes, and material resources of the State, to examine into the relations between capital and labor, the means of escape from fire, protection of life and health in factories and worksliops, the educational, sanitary, moral and financial condition of laborers and artisans, and other kindred subjects. The person appointed by the governor must be approved by tlie senate in order to hold the office. Salary, $2000. 9. The Adjutant-General is the governor's chief of Staff and inspector-general. He has custody of all the military records of the State and acts as State pension agent, to assist residents of Wisconsin liaving claims against tlie United States on account of service in the \7ar of the rebellion, in proving their claims. Salary, 12000. 10. The ftuartermaster-General is commissary-general and chief of ordnance. He has charge of all the military property of the State, including the battle-flags, brought back from the war. 11. The Superintendent of Puhlic Property has charge of the capitol and the public grounds around the same. With the advice of the governor, he employs and fixes ADMINISTRATIVE 345 the compensation of all workmen needed to keep the capitol and public grounds in a proper state of cleanli- ness and repair. Under the direction and control of the governor, he purchases all fuel, furniture, fixtures, carpets, gas or other articles or things required for use in and about the capitol for State purposes, except stationery. He is required by law to advertise for bids for furnishing stationery, in two newspapers in each of the cities of Madison, Milwaukee and Chicago, and to let the contract to the lowest bidder. This station- ery is furnished to the legislature, and to the governor and otlier State officers. The superintendent must charge himself with all stationerj^ purchased, and ac- count for all of it, in the annual report he is required to make to the governor. Salary, $2000. 12. The State Treasury Agent collects State licenses from peddlers, traveling showmen, transient merchants and others. He is allowed as compensation for his services and the services of his assistants, one fourth of all the moneys collected. 13. The State Supervisor of Inspectors of Illuminating Oils is appointed by the governor by and with the advice and consent of the senate. Tlie State is divided into fifty- two districts with an inspector in each district appointed by the supervisor and responsible to him. It is tlie duty of the inspectors to examine and test all illumi- nating oils offered for sale in the State and to forbid the sale of all oils that do not stand the test. Salary of supervisor, two cents on each barrel of oil inspected, but not more than $ 3000 altogether. 14. Dairy and Food Commissioner — The governor, by and with the advice and consent of the senate appoints a dairy and food commissioner, at a salary of $2500. 346 WISCONSIN The commissioner, with the consent and advice of the governor, appoints two assistants, one of whom shall be an expert in the matter of dairy products, and the other a practical analytical chemist, whose salaries shall not exceed $1800 each. It is made the duty of the com- missioner to enforce the laws against the adulteration of foods, drinks, and drugs, and to inspect any article of milk, butter, cheese, lard, syrup, coffee, or tea or other article of food, drink,or drug, made or offered for sale in the State which he may suspect to be impure, unhealthful, or adulterated,or counterfeit, and to cause to be prosecuted tliose manufacturing or selling such articles. BOARDS. Much of the business of the State is done through boards. The principal of these are the following : 15. Trustees of State Library — The justices of the Supreme Court and the attorney-general are ex officio trustees of the State library. They appoint a librarian to take charge of the library under rules and regulations prescribed by law. His salary is $2000. 16. Commissioners of Public Lands — The secretary of State, treasurer, and attorney-general are made commis- sioners of public lands, by the constitution (121, 122). They sell school and university lands, and see that the proceeds are kept safely invested. 17. The Board of Regents of the University of Wisconsin consists of fifteen members. Two — the State super- intendent of education and the president of the univer- sity — are members, ex officio. The others are appointed by the governor for terms of three years, — one mem- ber from each of the ten congressional districts of the ADMINISTRATIVE 347 State and two from the State at large. The appointed members are classified so that the terms of the members of some one class expire every year, and the other two classes hold over. The Board is intrusted with the government of the University of Wisconsin, at Madison. 18. The Board of Regents of Normal Schools consists of eleven members. Two — the governor and the State superintendent of education — are members ex officio. The others are appointed by the governor, by and with the advice and consent of the senate. The term of office is three years, and the members are classified in the same manner as the members of the Board of Regents of the University. This board is intrusted with the govern- ment of the normal schools of the State located at Platte- ville, Whitewater, Oshkosh, River Falls, Milwaukee and Stevens Point. The seventh school will be opened at West Superior in the city of Superior, in the fall of 1896. The state treasurer is ex o^ci^, treasurer of both these boards. 19. The State Board of Health and Vital Statistics is com- posed of seven members appointed by the governor for seven years each. The term of one member expires each year. The law directs that this board shall "make sanitary investigation and inquiries respecting the causes of disease, especially epidemics, the causes of mortality and the effects of localities, employments^ conditions, habits and circumstances, and shall diffuse such information among tlie people of the State." The board has an advisory relation to all local boards of health. 20. Local Boards of Health — The organization of such local boards is made obligatory in everj^ town, village, and city in the State. Every practicing physician is 348 WISCONSIN compelled by law to report all cases of contagious dis- eases arising in his practice, to his local board. The local board must then report the cases to the State board. 21. ttuarantine Rules— The State board has charge of all matters relating to general quarantine, and has au- thority to make rules and regulations for the protection of the public health, which it becomes the duty of all local and general officers of the State to respect and en- force. This machinery is well organized, and makes it- self effective in the prevention of disease and the protec- tion of the health and lives of the people. 22. Compensation — The members of the state board serve without pay. The secretary receives a salary fixed by the board. Members of local boards also serve without pay, except that the health officer receives a salary fixed by the local authoi'ities. 23. Annual Appropriation— The State makes an annual appropriation of $5,500 to defray the expenses of the board. 24. The Commissioners of Fisheries constitute a board consisting of eight members, composed as follows : a. The governor while in office. b. Six commissioners to be appointed by him, and with the consent of the senate. C. The professor of zoology in the University of Wis- consin, for the time being, shall be, ex officio^ a member of said commission. The six appointed members liold office for six years each, one member going out of office each year. 25. Powers and Duties — The powers and duties of the commission are, in part, as follows : a. The propagation and breeding of fish. ABMINISTRA TIVE 849 b. The collection and diffusion of information about the propagation and preservation of fish. C. The government and control of State hatcheries. Tliere are two State hatcheries — one near Madison, for the hatching of brook trout, California trout and carp, the other at Milwaukee for hatching Avhite-fish and wall-eyed pike. Th3 le-Tfislature of 1895 provided for an additional hatchery to be located in the north half of the State, and increased the annual appropriation for the support of the work of the commission to $20,000. The new hatchery has been located at Bayfield. d. Receiving of spawn and fry from the United States. e. The right to take fish at all seasons of the year, from all public waters, for artificial propagation. f. The preservation of fish and game, through the en- forcement of the fish and game laws, and otherwise. 26. Superintendent of Fisheries — The commissioners appoint a superintendent of fisheries at a salary not to exceed $2,000. His duties are defined by law. He has charge of the liatcheries and the fisli-car used in distrib- uting fry. 27. State Fish and Game Warden — The governor is re- quired by law to appoint a State fish and game warden, whose term of office shall be two years, and whose sal- ary shall be $1,800, and necessary expenses. The State fish and game warden shall act as secretary to the com- missioners of fisheries. He is clothed with very large powers in the enforcement of the fish and game laws, and in the confiscation of all nets, snares, traps and other contrivances used in the violation of the law. He and his deputies have power to execute all warrants and processes for tlie arrest of violators of the law, and 350 wiscoNsiir all sheriffs, constables, and police ofJ&cers are by law re- quired to arrest them when called upon to do so. 28. Deputies — The fish and game warden appoints such a number of deputies as the commissioners may deem necessary, but not to exceed two in each county. 29. Wisdom of the Policy of the State — Wisconsin is noted for the great number of its lakes, and streams of pure cold water. It has long been a favorite resort of the angler and the hunter. Thousands of people from outside of the State are attracted hither every summer. But, great as the fishing interests of the State are, from the standpoint of the sportsman, they are still greater as a source of food supply for the people. The State is very wise in caring for this important interest so thoroughly. 30. The State Board of Control consists of five members appointed by tlie governor and confirmed by the senate. The term of office is five years, and one member goes out of office each year. The salary is $2,000. 31. Powers and Duties — This board has control of all the State charitable and penal institutions, which are : a. The State Hospital for the Insane, near Madison. b. The Northern Hospital for the Insane, near Osh- kosh. c. The State Prison, at Waupun. d. The Industrial School for Boys, at Waukesha. e. The School for the Deaf and Dumb, at Delavan. f. The School for the Blind, at Janesville. g. The State School for Dependent Children, at Sparta. 32. School for the Feeble-Minded — The legislature of 1895 provided for an institution for the care, custody, and training of the feeble-minded, epileptic and idiotic ADMINISTRATIVE 351 to be known as the "Wisconsin Home for Feeble- minded." This institution has been located by the board at Chippewa Falls. A liberal appropriation of $100,000 has been made for it. 33. Other Institutions Supervised by the Board — Besides the State institutions the board has under its inspection 4 semi-state institutions, 22 county insane asylums, 68 jails, 49 poor-houses, 50 private benevolent institutions, and 198 police stations and lockups. 34. The State Board of Pharmacy consists of five mem- bers, who must be resident pharmacists, appointed by the governor, for terms of five years. The governor is re- stricted in the choice of members, to pharmacists recommended to him by the Wisconsin Pharmaceutical Association. The association recommends three persons annually, and any one who has ever been recommended is eligible. 35. Powers and Duties— This board holds examinations, and grants licenses to pharmacists and pharmacists' assistants to sell poisons, drugs and medicines, and com- pound and dispense prescriptions. All other persons are forbidden by law, under heavy penalties, to engage in the business. A recent decision in an important test case, shows that the courts are disposed to con- strue the law prescribing the duties of this board with great strictness. 36. Compensation — The members of the board get $5 a day for all time actually spent in the performance of their duties. 37. The Board of Dental Examiners consists of five practicing dentists appointed by the governor for terms of five years. The duties of the board are similar to those of the State Board of Pharmacy. All persons 352 WISCONSIN practicing dentistry must be licensed and registered. Licenses are obtained through examinations, held by the board, or upon diplomas of reputable dental colleges, submitted to the board. The members of the board are paid by fees collected from candidates ex- amined. 38. The State Board of Examiners for Teachers' State Certificates consists of three members appointed annually by the State superintendent. It is the duty of the board to examine candidates for State certificates. The limited State certificate makes the holder a legally qual- ified teacher for the term of five years. The unlimited qualifies for life. The county superintendent's cer- tificate qualifies for the office of county superintendent, and is a life certificate to teach. Tliese certificates are issued by the State superintendent on the recommenda- tion of the board. Holders of diplomas of State normal schools, colleges and universities, other than the Wisconsin normal schools and the University of Wisconsin, may submit their diplomas to the board, together with proof of good moral character and success in teaching. When it appears to the satisfaction of the board that the courses of study of these institutions are fully and fairly equivalent to similar courses of the Wisconsin State institutions, the diplomas may be coun- tersigned by the State superintendent. Such counter- signature makes them unlimited State certificates. Holders of the State certificates of other States obtained by examination, may, in a similar way, get their cer- tificates countersigned. The members of the board get $5 a day for time actually spent in their duties. 39. Admission to the Bar — The State Board of Ex- aminers for Admission to the Bar consists of five mem- ADMINISTRATIVE 353 bers appointed annually by the Supreme Court. The certificate of the board licenses the holder to practice in the courts of Wisconsin. The members of the board are paid $10 a day for time spent in their duties. 40. The State Board of Deposits consists of the governor, the secretary of State, the treasurer, and the attorney- general. It is the duty of the board to designate banks in which the public funds may be deposited. Should any bank fail, the loss of the public money, if there is any, falls upon the State. Should any interest be paid, it accrues to the State. 41. State Board of Arbitration — A new board provided for by the legislature of 1895 is known as the State Board of Arbitration and Conciliation. It consists of three members appointed bj^ the governor. One member must be an employer of labor, or selected by some as- sociation representing employers of labor. One must be selected by some labor organization and must not be an employer of labor. The third is appointed upon the recommendation of the other two, provided they agree- If they do not agree, the governor appoints without recommendation. 42. Powers and Duties — Whenever any controversy exists between any employer of labor and his emploj^es, to the number of twenty-five, or more, and application is made by the employer, or by a majority of the em- ployes, it becomes the duty of the board to visit the locality of the dispute, make careful inquiry into the cause thereof, hear all the parties in interest who may appear to give testimony, and advise what should be done to adjust the dispute. Decisions of the board must be in writing, and must be open to the public. 23 354 WISCONSIN Decisions are binding upon the parties to the dispute for six months. 43. Local Boards — The law creating this board pro- vides also for local boards of arbitration with powers similar to those of the State board. 44. Tribunals of Conciliation — The constitution pro- vides for " tribunals of conciliation," and says that the legislature shall pass laws defining their powers and duties (94). This duty the legislature has so far failed to perform. It is quite certain that many law- suits might be prevented, as well as many strikes and lockouts, with their resulting expense, suffering and hatred, by a spirit of conciliation in the beginning of the trouble. The constitutional provision seems a very wise one. 45. Board of Immigration — The governor, the secre- tary of State and three other persons appointed by the governor, constitute the Board of Immigration. The members serve without pay, but are allowed necessary traveling expenses. It is the dut}'- of this board " to enhance and encourage immigration to this State." It has authority to collect and disseminate useful infor- mation concerning the climate, soil, product, popula- tion, and agricultural, mineral and other resources and advantages of the state. An annual appropriation of $5,000 is made for the work of the board. Chapter XII. — Judiciaey. 1. Impeachments — The provisions of the constitution in regard to impeachments and impeachment trials are copied from the United States constitution (Y. C. B., pp. 105, 106, 115). The framers of the constitution did JUDICIARY 355 not even change the name "' house of representatives " to " assembly " — a singular piece of carelessness (T8). 2. Definitions — The terms used in the section on im- peachments have been defined in Y. C. B.,pp. 78 and 79. 3. Who May be Impeached —AH the civil officers of the State may be impeached for corrupt conduct in office or for crimes and misdemeanors (78). 4. Assembly Impeaches — Impeachments are made by the assembly, but a majority of all the members elected must concur (78). 5. Senate Tries Impeachments — The senate tries all impeachments made by the assembly, but the mem- bers, when they organize as a court, must take a new oath, or affirmation, to try the case impartially and to decide according to the evidence. It requires the concurrence of two-thirds of the members present to convict (78). Upon conviction, the officer is removed from office, and may also be disqualified to hold office afterwards (78). 6. Status of Officers Impeached — When the governor or a judge is under impeachment, he is suspended from office until acquitted (70-78). Under the United States, all impeached officers perform the duties of their respective offices until convicted. The same rule holds in the State with the two exceptions just noted. The common presumption is that an accused person is inno- cent and that presumption holds until he is proved guilty. The people of Wisconsin demand, however, that their governors and judges shall be above sus- picion. 7. Who Presides — The lieutenant-governor, being president of the senate, presides at impeachment trials, except when the governor is on trial (78). He is then 356 WISCONSIN acting governor (70). Besides, he is an interested party in such a trial. 8. Punishment in Certain Cases— Should the offense for which the officer is tried be a criminal as well as a k political offense, he may be indicted, tried, convicted, and punished, like any other criminal (78). 9. Impeachment Trial not a Criminal Prosecution An impeachment trial is not a criminal prosecution. Con- viction cannot be followed by fine or imprisonment, and the party convicted is beyond the reach of the govern- or's pardoning power (69). The offense is a political offense ; the punishment is a political punishment. 10. One Case of Impeachment — In 1853, Judge Levi Hubbell, of the second judicial district, was impeached. After a protracted trial he was acquitted. No other case has ever arisen in the State. 11. Independence of State Judicial System — The State has a complete judiciary of its own independent of the United States system. The common belief that all cases may be appealed from the State Supreme Court to the United States Supreme Court is very erroneous. Three classes of cases may be so appealed. They are : a. Where the validity of a treaty, or statute, or an authority exercised under the United States was called in question, and the decision of the State Court was against its validity. b. Where the validity of an authority exercised under the laws of the State was called in question, on account of its being repugnant to the constitution, or laws of the United States and the decision of the State Coui t was in favor of its validity. C. Where any United States right, privilege or im- JUBICIABT 357 munity was claimed and the State Court denied the right, privilege or immunity. In all other cases, the findings of the State Court are final, and the Federal Courts have no jurisdiction over them whatever. CONCURRENT JURISDICTION OF THE STATE AND THE UNITED STATES COURTS 12. Jurisdiction — In nearly all the cases enumerated in Article III., Section 2, Clause 1 (Y. C. B., p. 116), of the United States constitution, the State Courts have jurisdiction concurrent with the United States Courts (Act of Congress, March 3, 1875). 13. Exceptions — The United States statutes enumerate the following classes of cases as constituting the excep- tions to this concurrent jurisdiction. In these cases the Federal jurisdiction is exclusive : a. All crimes and offenses against the United States. b. All suits for penalties and forfeitures incurred under United States law. C. All civil causes of admiralty and maritime jurisdic- tion. d. All seizures under United States laws on land or on waters not within admiralty and maritime jurisdiction. e. Patent right and copyright cases. f. Bankruptcy cases, when there is a United States bankruptcy law. g. All controversies of a civil nature where a State is a party except between a State and its citizens, or be- tween a State and citizens of other States, or aliens. 14. Removal to Federal Courts — Although as we have seen, cases, as a rule, are not appealable from the State Courts to the Federal Courts, any case, over which the 358 WISCONSIN two classes of courts have concurrent jurisdiction, begun in a State court may be removed, before trial, to the United States Circuit Court for the proper district. It can not be removed from the Federal Court to the State Court. The removal may be had on the petition of either party to the suit. 15. Both classes of Courts open to Litigants — Tliis means tliatboth the State courts and the United States Courts are open to litigants. When both parties consent, the case may be settled in the State Court. When the plaint- iff begins the suit in the State Court and changes his mind, or when the defendant prefers the United States Court, the case may be removed and settled there. Should the plaintiff begin his suit in the United States Court, it must be tried there. 16. Wide Range of Laws Interpreted: Rules — It will be seen that judges of tlie State courts must often try cases arising under tlie United States constitution and laws, and that federal judges must often try cases arising under the State constitution and laws. In such cases, the state judges must interpret the United States Con- stitution and laws as interpreted by the United States Supreme Court, if that court has passed upon the ques- tion at issue. United States judges in trying cases under the State constitution or laws, almost always follow the decision of the State Supreme Court if that court has passed upon the question at issue. 17. A Case Supposed — For example, a suit brought in a Circuit Court of Wisconsin, by a citizen of Illinois, for the recovery of a debt of 15000 or more, upon being removed to the United States Circuit Court for the proper district, would be tried according to the laws of Wisconsin. If judgment should be for the plaintiff. JUDICIARY 359 the defendant citizen of Wisconsin would be entitled to all the exemptions from execution granted by the statutes of Wisconsin. 18. Harmonious Relations — In no other department of government have the interrelations of State and Federal authority been so carefully and perfectly adjusted as in the judicial. EXCLUSIVE juiiisdictio:n" of state courts 19. Not all cases Triable in United States Courts — The State Courts have jurisdiction exclusive of the Federal Courts,of all cases not made triable in the Federal Courts, by the United States Constitution (Y. C. B. pp. 183, 184, 198). These cases cover a very wide range, arising as they do under the constitution and laws of the State, both common and statute, and embracing all the in- numerable differences that arise between man and man. the state judicial system 20. The Judicial Power of the State is vested in (a), the Supi'eme Court, (b) seventeen Circuit Courts, (c) two Superior Courts, one in Milwaukee and one in Superior, (d) County Courts, one in each county, (e) Municipal Courts, and (f) Justices' Courts (79). 21. The Supreme Court — The Supreme Court is com- posed of five justices (81) elected by the people in the spring for a term of ten years. The term of one justice expires every two years. The justice having been longest a continuous member of the Court (or, in the case of two or more such senior justices having served for the same length of time, then the one whose commission first expires), shall be ex officio the chief justice (82). The salary is $5000. 360 WISCONSIN 22. Jurisdiction— The Supreme Court has appellate jurisdiction only, except in suits against the State and in issuing original and remedial writs (80) such as habeas corpus (Y. C. B., p. 88) mandamus^ injunction^ quo war- ranto^ and certiorari. 23. Names of Writs — These writs are named from the words with which they used to begin in the days when they were written in Latin. 24. Mandamus — Mandamus means literally we command. It is a written order of a Court commanding certain things to be done. It is addressed to those whose duty it is to do the things commanded. For example, a pub- lic officer might refuse to surrender the books and records of his office, to his successor. A proper procedure for the newly elected officer to adopt would be to apply for a writ of mandamus addressed to his predecessor. The writ would put him in possession of the office and all the books and papers belonging to it. 25. Injunction — An injunction is defined to be a writ framed according to the circumstances of the case, com- manding an act which the court regards as essential to justice, or restraining an act which it esteems contrary to equity and good conscience (Am. Cyc). A sues B and gets judgment against him. B afterwards finds among his papers a receipt in full for the very debt for which A sued him. In such a case the Court would enjoin A from executing his judgment, if there were no relief for B, in law. Publishers maj^ be enjoined from publishing private letters or papers. Holders of prop- erty may be enjoined from disposing of it while the ownership of it is being determined by judicial pro- ceedings. 26. Certiorari — Certiorari is a writ issued by a higher JUDICIARY 361 court to a lower court, compelling the lower court to send up its record of the case in question, tried, or pending, in that court. The writ is obtained upon the complaint of a party that he has not obtained justice or cannot have a fair trial in the lower court. The higher court tries the case according to the facts shown in the record sent up. The name comes from the words certiorari volumuswiih. which the Latin form of the writ opens. The words mean we wish to be certified. 27. duo Warranto— Quo warranto (by what authority) is a writ, brought before a proper tribunal, to inquire by what warrant a person or a corporation acts, or exercises certain powers (Blackstone). In the case supposed under mandamus the newly-elected oflScer might have proceeded against his predecessor by quo warranto. In that case his predecessor would have been compelled to appear before the court and show by what authority he held his office. If unable to show his right to the office he would have been ousted. 28. Powers Defined — '<- That portion of this section em- powering the Supreme Court to issue writs, was designed to give it original jurisdiction, in all judicial questions affecting the sovereignity of the State, its franchises and prerogatives, or the liberties of the people " (35 Wis. 425). The court does not exercise this authority in ordinary cases. 29. Terms of Supreme Court — The Supreme Court meets twice a year at Madison in the capitol, during the months of January and August. 30. Clualifications of Judges — Judges of the Supreme Court must be at least twenty-five years of age, citizens of the United States, and qualified electors within their jurisdictions. They receive no fees, and are ineligible 362 WISCONSIN for all offices of public trust except judicial offices (88). CIRCUIT COURTS 31. One Judge for each Circuit — There is a judge for each circuit, chosen by the people at the spring elec- tions (85). 32. Term— The term of office is six years, beginning on the first Monday in January succeeding the election. 33. Salary— The salary is 13600 with |400 additional to defray traveling expenses. 34. ftualiflcations — The circuit judges, after their election, must reside within their respective jurisdictions, and must have all the qualifications of justices of the Supreme Court (85, 88). 35. Eligibility of Judges to Election to Congress — All votes cast for a judge of the Supreme, or the Circuit Court, by the legislature or the people for any office other than a judicial one, are void (88). In spite of this provision, the people have in several cases, elected circuit judges to the house of representatives, and they have always been admitted by that body. Of course, they had to resign their judgeships. The United States Constitution makes each house the judge of the elections returns and qualifications of its own members (Y. C. B., p. 107). It also fixes the qualifications for membership in each house (Y. C. B., pp. 105, 106). The State cannot modify these constitutional requirements. So this part of our constitution is void, so far as the offices of United States Senator or Representative are concerned. 36. Jurisdiction — The Circuit Courts have original jurisdiction in all matters civil and criminal, within the State, not excepted in the constitution and not pro- JUDICIARY 363 hibited by law. They have appellate jurisdiction and supervisory control, over all the inferior courts of the State. They have power to issue all the original and remedial writs which the Supreme Court has power to issue (86). 37. Terms — The terms of the Circuit Court are held at the county seats of the different counties. There must be two terms a year in each county, and there may be more. 38. Judges may Hold Court for Each Other— It may hap- pen that a judge is an interested party in a suit entered for trial in his court, or he may be sick at term time. For these, and similar reasons, judges may hold court for each other (89). 39. Removal by Address — We have seen that judges may be removed from office by impeachment. They may also be removed by address of both houses of the legislature, but two-thirds of all the members elected to each house must concur. The judge must be served with a copy of the charges against him, and must be given the right to defend himself. On the question of removal, the ayes and noes must be entered on the journal (91). This is a summary way of removing a bad judge. 40. Address made to Governor — The address is made to the governor. On the receipt of the address, the governor removes the judge and appoints some one in his place to hold the office until his successor is elected and qualified (87). SUPERTOR COURTS 41. Superior Court of Milwaukee County — Superior courts have been established in Milwaukee and West 864 WISCONSIN Superior, for the counties of Milwaukee and Douglas. The Superior Court of Milwaukee county " shall exercise powers and jurisdiction in all civil actions and proceed- ings in law and equity," with some important excep- tions, concurrent with and equal to the jurisdiction of the Circuit Court for that county. 42. Superior Court of Douglas County — Tlie Superior Court of Douglas county has powers and jurisdiction concurrent with the Circuit Court of Douglas county in both criminal and civil matters, with some exceptions and limitations. 43. Authority for these Courts : Powers — The authority for the creation of these courts is found in the constitu- tion (79). COUNTY COURTS 44. Authority for County Courts : Powers — The consti- tution provided for courts of probate in each county, but it gave the legislature power to abolish these courts and to confer probate powers upon such inferior courts as may be established in each county (92 and 79). The legislature has exercised this power. It has created county courts and conferred all probate powers upon them. The county courts have been spoken of in Chap- ter VIII. MUNICIPAL COURTS 45. Municipal Courts : Powers — There are municipal courts in Milwaukee, Madison, Oshkosh, Eau Claire, and many of the other important cities of the State. They are created by the legislature in accordance with powers conferred by the constitution (79). The num- ber of these courts is rapidly increasing, no fewer than FINANCE 365 five having been created by the legislature of 1895. Many of them have jurisdiction co-extensive with the counties in which they are situated. The constitutional limit of their jurisdiction in their municipalities is the jurisdiction of the Circuit Courts in their respective cir- cuits (79). Within this limit the powers of these courts vary widely. They are determined in each case by the act of the legislature creating them. justices' courts 46. Powers — Justices' courts are provided for in towns, incorporated villages and cities. The powers and duties of justices of the peace have already been mentioned in Chapter IX. Chapter XIII. — Finance 1. Property Taxable : Uniform Taxation — The constitu- tion authorizes the legislature to prescribe what prop- erty shall be taxed, and provides that the rule of taxa- tion shall be uniform (102). The instructions to as- sessors are uniform throughout the State, and town, county, and State boards of equalization are provided for by law. By these means substantial uniformity is secured. This means that the rate of taxation for State taxes shall be uniform throughout the State, and that the rate for county, city, town and school district taxes shall be uniform in the county, city, town, or school district. It does not mean that the rate shall be the same for purposes of local taxation in any two counties, cities, towns, or school districts. The fact is, that the rate of local taxation dilfers very widely in different places. 366 WISCONSIN 2. No Moneys Paid out except in Pursuance of an Appro- priation — The State treasurer is forbidden to pay out any money except in pursuance of an appropriation by law. 3. Limits for Claims— The legislature is forbidden to make any appropriation for the payment of claims against the State unless they are filed within six years after they accrue. Claims of the United States and judgments against the State are excepted (103). 4. Secretary of State Auditor— The secretary of State is, ex officio^ auditor. He requires the claimant in pre- senting his claim to state the legislative provision authorizing its payment. 5. State Credit— The credit of the State shall never be given or loaned in aid of any individual, association, or corporation (104). This is a limitation upon the State. It does not deprive the legislature of power to authorize municipalities to contract debts. There is no such lim- itation as this upon the power of the United States. Experience has proved that the policy of the State in this respect, is wiser than the policy of the United States. 6. Restrictions upon the Power of Incurring Debt The State is forbidden to contract any public debt, except to the extent of one hundred thousand dollars, to defray extraordinary expenditures (107). It may also borrow monej^ to pay the expenses of a defensive war to sup- press insurrection. (108). 7. Expenses, how met — The estimated expenses of each year must be met by a State tax for that year. If, for any cause, the expenses exceed the income, the deficit must be made up the following year (106). 8. Specific Restrictions. — The State is expressly forbid- TBUST FUNDS 367 den to incur any debt for works of internal improve- ment, or even to be a party in carrying on such works. It may act as trustee and carry on works of internal improvement, for whicli a grant of lands, or other prop- erty has been made to it, and may anticipate the reve- nues therefrom (111). Tlie Supreme Court has held this prohibition to be absolute. A judgment against the State for services in defending agents of the State, ap- pointed by it to protect lands granted to it, to aid in the construction of railroads is declared to be a debt within the meaning of this section. 9. State Credit — No State in the Union has better cred- it or higher financial standing than Wisconsin. The State debt is in the form of certificates of indebtedness to the trust funds. It amounted to 12,251,000. Sept. 30, 1894. This indebtedness means, simply, that the State has borrowed tlie sum named from the trust funds and pays interest upon it. In this way the funds are safely invested, and the interest is available for the sup- port of the objects for which the funds were created. Chapter XIV. — Trust Funds The principal trust funds of the State are 1. The School Fund — This fund is composed of: (a) The five hundred thousand acres of land given by con- gress in aid of the Rock River canal, and, afterwards, by the consent of congress, transferred to this fund ; (b) section sixteen in each township ; (c) all moneys ac- cruing to the State by forfeiture and escheat; (d) all penalties for trespass on school lands ; (e) all unspecified grants to the State ; (f ) all fines collected in the several counties for breach of penal laws ; (g) all moneys paid 368 WISCONSIN as an exemption from military duty ; (h) five per cent, of tlie net proceeds of sales of United States public lands. 2. Amount—This fund, Sept. 30, 1894, amounted to $3,418,760.25 with 47,381.47 acres of land still unsold. 3. How Invested— This fund is kept invested (121) and the interest and all other revenues derived from it are devoted to the support and maintenance of com- mon schools in each school district, and the purchase of suitable libraries and apparatus therefor (116). The residue shall be appropriated to the support and maintenance of academies and normal schools, and suit- able libraries and apparatus therefor (116). 4. The Mill Tax — In order to equalize more perfectly the burden of supporting the common schools, the legislature of 1885 provided for an annual State tax of one mill on the dollar. 5. Income and Proceeds of Mill Tax — The income from the proceeds of the mill tax, and the interest from the invested fund, together, aggregated $862,716.40 for the fiscal year ending Sept. 30, 1894. 6. Income How Distributed — The amount of school fund income and mill tax in the hands of the State treasurer on the first day of June, is annually certified to the State superintendent. The State superintendent then distributes the money among the several towns and cities of the State, for the support of common schools therein, in just proportion to the number of children of school age resident therein (119). In order to share in this money each town and city must raise by local taxa- tion annually, a sum equal to its share of the State school moneys, and each school district must maintain a school for at least six months (118,119 and Sec. 554, An. Stat). TRUST FUNDS 369 7. Local Taxation for Schools — The principal school tax is raised in each district by local taxation. 8. Township Library Law — By recent legislation the town treasurer of each town is required to withhold annually from the State school moneys in his hands, the sum of ten cents for each child of school age in his town. The town clerk, then, with the advice of the county superintendent, expends the money thus with- held in purchasing books for a township library, from a printed list prepared by the State superintendent. The books are then distributed among the several school districts of the town. From time to time they are col- lected and re-distributed. The township library law, as it is called, is working admirably. It is hoped that soon the very best literature will be accessible to every child in the State. By this act the legislature has used, for the first time, its constitutional authority to applj^ a part of the income of the school fund for the support of school libraries (116). 9. Academies and Normal Schools not Supported by this Income — No part of the income is used for the support of academies or normal schools. HOBMAIi SCHOOL FUND 10. Ori^n of Fund — By Act of Congress approved Sept. 28, 1850, the United States granted to the State all swamp and overflowed public lands within its boundaries. The State has divided the proceeds of the sales of these lands equally into two funds, called the drainage fund and the normal school fund. The drain- age fund is expended in draining and reclaiming the swamp lands and in constructing roads and bridges over them. 24 370 WISCONSIN 11. Normal School Fund — The normal school fund is not expended. On Sept. 30, 1894, it amounted to 11,827,447.46, with 211,911.91, acres of land unsold. Like the school fund, it is kept invested by the school- land commissioners, and the interest is available for the support of the normal schools under the administration of the Board of Regents (p.l47). The legislature of 1895 made a permanent annual appropriation of a tax of one- fifth of a mill on each dollar of taxable property in the State. The total income for the year ending Sept. 30, 1894, was $162,131.08. UKIYERSITY FUND 12. Origin of Fund— The University of Wisconsin is provided for in the constitution. The proceeds of all lands granted to the State by the United States for University purposes form a perpetual fund known as the " University Fund" (120). 13. State Tax_By chap. 300, laws of 1883, an annual State tax of one-eightli of one mill on the dollar, is pro- vided for, and by chap. 241 laws of 1895 a similar ad- ditional tax of one-tenth of a mill is levied. 14. Amount of Fund— On Sept. 30, 1894, the fund amounted to $230,663, with 937.4 acres of land unsold. 15. Amount of Income — The income of the fund, in- cluding the proceeds of the permanent State tax, and some large special appropriations for building purposes and the purchase of real estate, amounted to $470,073,72 for the year ending Sept. 30, 1894. AGRICULTURAL COLLEGE FUND 16. Origin — By Act of Congress approved July 2, 1862, two hundred and forty thousand acres of land were granted by the United States, to the State, for the pur- EDUCATION 371 pose of supporting an institution of learning, " where shall be taught the principles of agriculture and me- chanic arts." The University of Wisconsin undertook the trust of maintaining such a school, and the College of Agriculture is now one of the colleges of the Uni- versity. 17, Amount of Fund— Sept. 30, 1894, this fund amounted to $302,355.72 with 243.07 acres of land un- sold. 18. Amount of Income — The income for the year end- ing on that date was $27,828.96. Chapter XV. Education. 1. District Schools — The Constitution directs the legislature to provide by law for the establishment of district schools. These schools must be free to all children between the ages of four and twenty, and no sectarian instruction shall be allowed therein (117). 2. District System— There are about a thousand organized towns in the State. These towns have been divided into school districts, and the people of each district control their own school subject to the general laws of the State. Annually, on the first Monday of July, the people of the district meet to elect officers and legislate in school matters for the coming j^'ear. Women as well as men are allowed to vote. 3. District Board— The district board consists of three members, director, treasurer and clerk, elected for three years, one member going out of office each year. The board engages legally qualified teachers, selects text- books, makes rules and regulations for the government 372 WISCONSIN of the school, and has general control of the school, and the district property. 4. Branches Taught in the Schools — The branches that must be taught are prescribed by law — reading, orthoepy, writing, spelling, grammar, arithmetic, geography. Constitution of the United States, Constitution of the State, and physiology and hygiene with reference to the eifects of stimulants and narcotics on the human system. Such other branches may be added as the school board may determine. 5. Township System — Any town may adopt the town- ship system, that is, the system in which all the schools of the town are under one town board. A few towns are so organized for school purposes. There is a good deal of public sentiment in favor of making this per- missory law compulsory and the legislature of 1895 has taken steps to secure information as to the advisability of effecting that end. GRADED SCHOOLS AKD HIGH SCHOOLS 6. Two Classes of Free High Schools — In the cities and villages there are systems of graded schools, and free high schools. The free high schools, however, are of two classes : first, those in country places, where there are no graded schools, and second, those in larger places where there are graded schools. 7. State Allowance — The State makes an annual appro- priation of 125,000 for the support of each of these classes qf schools. 8. How Controlled — The law passed to encourage the organization of free high schools in country places has proved an almost total failure. Those in connection with graded schools are very flourishing and in high EDUCATION 373 popular favor. They are controlled, usually, by boards of education and city superintendents. 9. High School Inspector — These schools are under the official inspection of a state officer, called the Inspector of Free High Schools. The inspector is appointed by the State superintendent and is really one of his assist- ants. 10. Courses of Study — The courses of study must be approved by the State superintendent. In most of the schools the courses are four years long. 11. Principals and Assistants — Principals of free high schools having four-j^ear courses, must hold the un- limited state certificate, or some equivalent qualification. Assistants must have their certificates approved by the State superintendent. 12. Accredited Schools — The University of Wisconsin and the State Normal Schools have regulations, under which high school graduates may be permitted to enter these higher institutions without entrance examinations. No schools are accredited, until it has been show^n to the satisfaction of the university or normal school authorities, that they are doing thorough work. 13. Privileges of Graduates— Free high school diplomas from four-year courses may be countersigned by the county superintendent after the holder has taught in the public schools, successfully, on a first grade County certificate for one year. This counter-signature makes the diploma a first-grade certificate. 14. Other High Schools — There are a few high schools in the largest places, — Milwaukee, La Crosse, Superior, and a few others, — that do not participate in the State aid and are not under the supervision of the State inspector. 374 WISCONSIN NORMAL SCHOOLS 15. Special Function— The Normal Schools have already been mentioned. Their special function is to fit young men and women for the work of teaching in the public schools of the State. 16. Two Courses : Elementary Course — They have two courses, — 1st an elementary course of two and a half years. Those who complete this course receive a certificate, qualifying them to teach in the public schools of the State for one year. After one year's successful teaching, the certificate may be countersigned by the state superintendent. This countersignature makes tlie certificate a State certificate for five years. The school at Milwaukee does not have this course. 17. Advanced Course — 2d. An advanced course of two additional years. Those completing this course receive a diploma, qualifying them to teach in the public schools of the State for one year. After one year's successful teaching the diploma may be countersigned by the State superintendent with the effect of making it a State certificate for life. 18. Prosperity of these Schools — These schools are all in very flourishing condition. The number of persons graduating is yearly increasing, and the services of the graduates are in great demand in the public-school service. 19. Institute Conductors — At each of these schools there is one teacher known as the institute conductor, whose business it is to hold institutes, for the instruction of teachers, under the direction of the Board of Regents of Normal Schools. Besides these conductors, many other persons are annually employed in this service. The amount spent is about $8000 annually. EDUCATION 375 UNIVERSITY OF WISCONSIN 20. Growth : Location : Buildings : Equipments — The University of Wisconsin has been growing very rapidly. It is beautifully located on the banks of Lake Mendota, in the city of Madison. It has fine, commodious modern buildings well adapted to its purposes. It is unusually well supplied with libraries, gymnasiums, laboratories, and museums. 21. Faculty — It has about a hundred professors, and instructors, and over fifteen hundred students. 22. Organization — It is organized into : — a. The College of Letters and Science. b. The College of Mechanics and Engineering. C. The College of Agriculture. d. The College of Law. e. The School of Pharmacy. f. The School of Economics, Political Science and History. g. The Summer School. h. The School of Music. i. The University Extension Department. 23. Original Research — Two departments are devoted almost exclusively to original research, the Washburn Observatory, and the Agricultural Station. A great amount of original work is done in other departments. 24. Institute Lectures — One of the prof essors — the pro- fessor of pedagogy — is employed during the teachers' institute season, in lecturing at these gatherings. 25. University Extension — Tlie University Extension Department brings many of the benefits of the University to the people of the State. 26. Farmers' Institutes — Under the charge of the Uni- 376 WISCONSIN versity, there is a very flourishing system of farmers' institutes. The work is under the direction of a super- intendent. He is aided by conductors specialists in the various branches of farming. INSTITUTIONS NOT UNDER STATE CONTROL 27. Private Institutions — Besides the State institutions there are many others in the State, supported mostly by the various churches, Beloit College, Ripon College, Milton College, and Lawrence University, St. Clara's Academy, German-English Academy, Milwaukee Acad- emy and Downer College, Wayland Academy, North- western University and many other institutions that might be mentioned, are doing good work for the youth of the State, and well deserve the high reputation they enjoy. . INDEX TO WISCONSIN SUPPLEMENT [For general index to the book, see page 287.] PAGE Adjutant General 344 Agricultural College Fund. . .370, 371 Allodial Lands 323 American System of Government 297 Apportionment 331 Assemblymen 332 Assembly 332, 333 Assessor 340 Attorney General, County 334 State 343 Ballots 329 Bills 333, 342 Boards : County 333, 334, 335 of arbitration 353 of arbitration, (local) 354 of control 350 of dental examiners 351, 352 of deposits 353 of education, district 371, 372 of equalization 340, 341 of examiners for admission to the bar 352, 353 of examiners for teacher's state certificates 352 of health and vital statistics. . 347 of health, local 347 of immigration 354 of pharmacy 351 of regents of the normal schools 347 of regents of the University of Wisconsin 346, 347 of review 340 of supervisors 340 Boundaries 2^5, 325 Capital crimes 323 Census 330, 331 Certiorari 360 Charitable institutions 350 Chief Justice 359 Clerk, County 337, 339 of the Court, County 337, 339 town 340 Commissioner, railroad 343 insurance 344 Commissioner of labor, census, and industrial statistics 344 Commissioners of fisheries. . .348, 349 of public lands 346 Constables 341 Constitution 299 Coroner 337 County Government 337 County Judge 337, 339 Court Commissioners, County 337, 339 Courts : Circuit 362 County 364 Jurisdiction of , . . .357-359 Justices' 365 Municipal 364, 365 Superior 363, 364 Supreme, State 356, 359, 361 Supreme, United States.. 356 Dairy and Food Commissioners 345» 346 Debt 324 District Attorney, County 337, 338 District Schools 371, 372 Education 371, 376 Farming Lands 324 Finance 365, 366, 367, 368, 369 Fish and Game Warden 349 Fisheries 348, 349 Foreigners 296, 297 privileges of 3...7, 328 Gerrymandering 331 Governor 341, 342 officers appointed by 344 powers of 342 Graded Schools 372 High Schools 372, 373 inspector of 373 Impeachment 354, 355, 356 Injunction 360 Institutes 374 conductors of 374 378 INDEX PAGE Insurance Commissioner 344 Judge, County 337, 339 Judges (see courts) Jury : grand 323 right of trial by 320 Justice of the Peace 323, 341 Land, allodial 323 farming 324 taxation of 325 titles 325 Legislature 330 sources of power of 336 Lieutenant Governor 341, 342 Mandamus 360 Militia 334, 335 Milwaukee 335 National Guard 334, 335 Normal School Fund 369, 370 Normal Schools , 374 Pensions 344 Population 295 Preamble 319 Prisons 350 Proposition to change boundaries 325 Quarantine 348 Quartermaster General 344 Quo Warranto 361 Railroad Commissioners 343 Register of Deeds 337 Registration (of Voters) 328 Resources 295 School Board, district 371 School for the Feeble-minded . . . 350 School Fund 367 Schools : district 371, 372 for the feeble-minded 350 graded 372 high 372, 373 normal 374 School Superintendent, 3tate ^ 343» 373 County 337, 338, 373 School System 371, 376 PAGE Secretary of State 343 Senate 332, 333 Senators 332 Sheriffs 337 Slavery , 319 State Authority 321 powers 322 superintendent 343, 373 treasury agent 345 Suffrage 326 qualifications for.. 326, 327, 328, 329 Superintendent of Fisheries ...... 349 public property 344, 345 schools. State 343 County. 337, 338, 373 Supervisor of Inspectors of Il- luminating Oils 345 Surveyor, County 337, 338 Taxation 365, 366, 368 Teachers' Certificates 373, 374 Town Government 339 Meeting 339, 340 Treasurer, County 337, 338 State 343 Town 340 Troops : militia 334, 335 regulars 335 Trustees of State Library 346 Trust Funds 367-371 agricultural college fund . , , c . 370, 371 normal school fund 369, 370 school funds 367 university fund 370 University Fund 370 of Wisconsin 375, 376 Voting 329 Wisconsin : boundaries 295, 325 character of population 296 history 295 population 295 resources 295 Writs : Certiorari 361 Injunction 360 Mandamus 360 Quo Warranto 361 ii : 3 ^3j^i> ^^'P^^^^ ^ j> ;^M3J> > 3 :3^^ . > 3:> Z^»>ZP ^ > -^^ :>' 3« "35:> 2^33l> 'jl>> "3>^ "^>:> ":i»> ir>' >I^ ^XS!^'!> ^> :» 31- "^Kkt *>> ''T5> :5>^gD ":^»i>-^:>-> "3>.:->"^i3* '>^"^ ~^^^> ~> ^ ^^> :x>^~3 :sj^ ;"»""">^^-';3>^o> ■ ^/^ ^^^^* ■> ■">"3k V>^ ~~> ^P^3'^^> ^3&>- ^^ i:ss^> :b^ :» ^ 5v ~a^fc ^>^^'^ ^^^ ^IK^ ~^>^^?:)5 1 3 z> "^ ""-> ^^^'^ i.-»)^ 3>ffi) ~im.^^^^L^ _->i^> ^2^ > ^ ^ 'ij>t:>v2> ^bto ::!>*> 1^ > jr»>^^ _:>> '\:i^ >>iXB^' .:>; • ,-3» ^^ :>3^i> :a>B) ::ik>^^ ~:iL> . j^ a> ^ip '->"' )> "^ >:^i>^T> :i^B> :3^»-3> i» ZliS'Z:»>> Z>5iJ> > ■ )> 3 ^ i>^' 23 3):^j> ::»m^:3i> i:3i!0 ~^^T^^\> .>:> ^» > >:»^ ^ 5:^~m3> :3» >":^^2r)^v3^ ^~^«> ~])^-"*-^Z^ ..S3 ^ ' i> dl ^>i:>3>,.D j» :3>i>d::> ^ix^ MU^ ;• '5^ 3S^ !>• ' >i> 3e _i>>x> :J»^ ;^jo»oj]> i:s> r»>i>> 3> -^ " i> '^ij Z!J^ 'i -O* OR3fi^ 1>'75»'; '"^^23^ ~I3IJ> cz»> -i-^^^o ^^^ :» - ..>:3> ^3R> . 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