| 40th Wisconsin Legislature | |||||
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 Wisconsin State Capitol, 1887 | |||||
| Overview | |||||
| Legislative body | Wisconsin Legislature | ||||
| Meeting place | Wisconsin State Capitol | ||||
| Term | January 5, 1891 – January 2, 1893 | ||||
| Election | November 4, 1890 | ||||
| Senate | |||||
| Members | 33 | ||||
| Senate President | Charles Jonas ( D) | ||||
| President pro tempore | Frederick W. Horn ( D) | ||||
| Party control | Democratic | ||||
| Assembly | |||||
| Members | 100 | ||||
| Assembly Speaker | James J. Hogan ( D) | ||||
| Party control | Democratic | ||||
| Sessions | |||||
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| Special sessions | |||||
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The Fortieth Wisconsin Legislature convened from January 14, 1891, to April 25, 1891, in regular session. [1] They met again for two special sessions in June 1892 and October 1892 to pass redistricting laws. The extra sessions were necessitated by court cases which threw out the Legislature's previous attempts at redistricting. The final redistricting act was signed just 12 days before the 1892 general election.
This was the first session where the Democratic Party had full control of the Legislature since 1854.
Senators representing odd-numbered districts were newly elected for this session and were serving the first two years of a four-year term. Assembly members were elected to a two-year term. Assembly members and odd-numbered senators were elected in the general election of November 4, 1890. Senators representing even-numbered districts were serving the third and fourth year of a four-year term, having been elected in the general election of November 6, 1888. [1]
Major events
- January 5, 1891: Inauguration of George Wilbur Peck as the 17th Governor of Wisconsin.
- January 28, 1891: William Freeman Vilas elected United States Senator by the Wisconsin Legislature in joint session.
- April 3, 1891: Wisconsin Supreme Court justice David Taylor died in office.
- April 7, 1891: Silas U. Pinney was elected to the Wisconsin Supreme Court, to the seat being vacated by the retirement of Orsamus Cole.
- May 4, 1891: John B. Winslow was appointed to the Wisconsin Supreme Court by Governor George Wilbur Peck, to replace David Taylor.
- August 17, 1891: The French Republic and Russian Empire formed a defensive alliance.
- January 4, 1892: As the senior-most member of the court, William P. Lyon became the 7th chief justice of the Wisconsin Supreme Court due to the retirement of Orsamus Cole. He was the first chief justice to obtain the office under the new amendment to the Wisconsin Constitution ratified in 1889.
- March 22, 1892: The Wisconsin Supreme Court struck down the redistricting law passed by the Legislature, in the case State ex rel. Attorney General v. Cunningam. [2]
- September 27, 1892: The Wisconsin Supreme Court struck down the second redistricting law passed by the Legislature, in the case State ex rel. Lamb v. Cunningham. [3]
- November 8, 1892:
1892 United States general election:
- Grover Cleveland elected President of the United States for a second non-consecutive term.
- George Wilbur Peck re-elected as Governor of Wisconsin.
Major legislation
Regular session
- February 5, 1891: An Act to repeal chapter 519, of the laws of the state of Wisconsin for the year 1889, entitled, "An act concerning the education and employment of children." 1891 Act 4. Repealed the entire " Bennett Law" due to its provision requiring English language education.
- April 25, 1891: An Act to apportion the state into senate and assembly districts, 1891 Act 482. First attempt to pass a legislative redistricting. This law was struck down by the Wisconsin Supreme Court in March 1892.
- April 25, 1891: An Act to apportion the state into congressional districts, 1891 Act 483.
- Joint resolution agreeing to a proposed amendment to sub-division 9, of section 31, of article IV of the constitution of the state of Wisconsin, 1891 Joint Resolution 4. This was the required second legislative passage of a proposed amendment to prohibit the Legislature from making private laws affecting specific city charters. The amendment was ratified by referendum at the November 1892 general election.
First special session
- July 1, 1892: An Act to apportion the state of Wisconsin into senate and assembly districts, 1892 Special Session 1 Act 1. This was the second attempt to pass a legislative redistricting. This map was also struck down by the Wisconsin Supreme Court, in September 1892.
Second special session
- October 27, 1892: An Act to apportion the state of Wisconsin into senate and assembly districts, 1892 Special Session 2 Act 1. This was the third and final attempt to pass a legislative redistricting based on the 1890 U.S. census. This map was utilized for the 1892 election, held just 12 days after the law was signed.
- October 27, 1892: An Act relating to the general election to be held on the eighth day of November, in the year 1892, and to notices thereof and nominations therefor, and for other purposes, 1892 Special Session 2 Act 2. Due to the lateness of the legislative redistricting, it was necessary to clarify the status of existing nominees for the legislature and create special procedures for candidates to get on the ballot for the November 1892 general election.
Party summary
Senate summary
Democratic: 19 seats
Republican: 14 seats
| Party (Shading indicates majority caucus)
|
Total | |||||
|---|---|---|---|---|---|---|
| Dem. | Lab. | Ind. | Rep. | Vacant | ||
| End of previous Legislature | 6 | 2 | 1 | 24 | 33 | 0 |
| Start of 1st Session | 18 | 0 | 0 | 15 | 33 | 0 |
| From Feb. 4, 1891 [note 1] | 19 | 14 | 33 | 0 | ||
| From Nov. 15, 1891 [note 2] | 18 | 32 | 1 | |||
| From May 30, 1892 [note 3] | 19 | 33 | 0 | |||
| Final voting share | 57.58% | 42.42% | ||||
| Beginning of the next Legislature | 26 | 0 | 0 | 7 | 33 | 0 |
Assembly summary
Democratic: 66 seats
Labor: 1 seat
Republican: 33 seats
| Party (Shading indicates majority caucus)
|
Total | |||||
|---|---|---|---|---|---|---|
| Dem. | Lab. | Rep. | Vacant | |||
| End of previous Legislature | 29 | 0 | 71 | 100 | 0 | |
| 1st Session | 66 | 1 | 33 | 100 | 0 | |
| From Mar. 11, 1891 [note 4] | 65 | 99 | 1 | |||
| From Dec. 8, 1891 [note 5] | 32 | 98 | 2 | |||
| Final voting share | 67.35% | 32.65% | ||||
| Beginning of the next Legislature | 55 | 0 | 45 | 100 | 0 | |
Sessions
- 1st Regular session: January 14, 1891 – April 25, 1891
- 1892 special session 1: June 28, 1892 – July 1, 1892
- 1892 special session 2: October 17, 1892 – October 27, 1892
Leaders
Senate leadership
- President of the Senate: Charles Jonas ( D)
- President pro tempore: Frederick W. Horn ( D)
Assembly leadership
Members
Members of the Senate
Members of the Senate for the Fortieth Wisconsin Legislature: [4]
Democratic: 19 seats
Republican: 14 seats
Members of the Assembly
Members of the Assembly for the Fortieth Wisconsin Legislature: [4]
Democratic: 66 seats
Labor: 1 seat
Republican: 33 seats
Committees
Senate committees
- Senate Committee on Agriculture – Adam Apple, chair
- Senate Committee on Assessment and Collection of Taxes – Frederick W. Horn, chair
- Senate Committee on Education – Russel C. Falconer, chair
- Senate Committee on Enrolled Bills – William F. Voss, chair
- Senate Committee on Engrossed Bills – F. T. Yahr, chair
- Senate Committee on Federal Relations – Robert J. MacBride, chair
- Senate Committee on Finance, Banks, and Insurance – Enos W. Persons, chair
- Senate Committee on Incorporations – Robert J. MacBride, chair
- Senate Committee on the Judiciary – William Kennedy, chair
- Senate Committee on Legislative Expenditures – Henry Conner, chair
- Senate Committee on Manufacturing and Commerce – Herman Kroeger, chair
- Senate Committee on Military Affairs – J. H. Woodnorth, chair
- Senate Committee on Privileges and Elections – Robert Lees, chair
- Senate Committee on Public Lands – George W. Pratt, chair
- Senate Committee on Railroads – Walter S. Greene, chair
- Senate Committee on Roads and Bridges – John Fetzer, chair
- Senate Committee on State Affairs – George W. Pratt, chair
- Senate Committee on Town and County Organizations – John T. Kingston, chair
Assembly committees
- Assembly Committee on Agriculture – John Dawson, chair
- Assembly Committee on Assessment and Collection of Taxes – J. E. Dodge, chair
- Assembly Committee on Bills on their Third Reading – H. E. Briggs, chair
- Assembly Committee on Cities – Dennis T. Phalen, chair
- Assembly Committee on Education – H. J. Desmond, chair
- Assembly Committee on Engrossed Bills – C. Hugo Jacobi, chair
- Assembly Committee on Enrolled Bills – J. Tormey, chair
- Assembly Committee on Federal Relations – Clinton Textor, chair
- Assembly Committee on Incorporations – R. J. McGeehan, chair
- Assembly Committee on Insurance, Banks, and Banking – Gustave S. Luscher, chair
- Assembly Committee on the Judiciary – John Winans, chair
- Assembly Committee on Legislative Expenditures – M. E. Burke, chair
- Assembly Committee on Labor and Manufactures – A. McGuigan, chair
- Assembly Committee on Lumber and Mining – James A. Taylor, chair
- Assembly Committee on Medical Societies – E. L. Bullard, chair
- Assembly Committee on Militia – John J. Oswald, chair
- Assembly Committee on Privileges and Elections – J. P. Nolan, chair
- Assembly Committee on Public Improvements – W. H. Fitzgerald, chair
- Assembly Committee on Public Lands – Conrad Krez, chair
- Assembly Committee on Railroads – Edward Keogh, chair
- Assembly Committee on Roads and Bridges – E. C. Smith, chair
- Assembly Committee on State Affairs – J. W. Watson, chair
- Assembly Committee on Town and County Organization – Theo. Knapstein, chair
- Assembly Committee on Ways and Means – John Edwards, chair
Joint committees
- Joint Committee on Apportionment – W. S. Greene (Sen.) & John Winans (Asm.), co-chairs
- Joint Committee on Charitable and Penal Institutions – M. C. Mead (Sen.) & Neal Brown (Asm.), co-chairs
- Joint Committee on Claims – W. F. Nash (Sen.) & R. M. Crawford (Asm.), co-chairs
- Joint Committee on Printing – C. A. Koenitzer (Sen.) & W. V. McMullen (Asm.), co-chairs
- Joint Committee on Retrenchment – Robert Lees (Sen.) & J. E. Dodge (Asm.), co-chairs
Employees
Senate employees
- Chief Clerk: Jon P. Hume
[5]
- Assistant Chief Clerk: Sam J. Shafer
- Assistant Clerk: Jackson Silbaugh
- Bookkeeper: Edward Malone
- Engrossing Clerk: L. S. Truesdell
- Assistant Engrossing Clerk: M. P. Persons
- Enrolling Clerk: Jno G. Faulds
- Assistant Enrolling Clerk: H. F. Gustavus
- Transcribing Clerk: C. M. Gardner
- Assistant Transcribing Clerks:
- Hugo Imig
- Agnes Muller
- Assistant Transcribing Clerks:
- Proofreader: E. R. Petherick
- Index Clerk: Cora Cornish
- Clerk for the Judiciary Committee: Frank T. Smith
- Clerk for the Committee on Incorporations: Joseph Sims
- Clerk for the Committee on Claims: David C. Gowdey
- Clerk for the Committee on Engrossed Bills: F. J. Collignon
- Clerk for the Committee on Enrolled Bills: B. A. Weatherby
- Clerk for the Committee on Charitable and Penal Institutions: Amy Robinson
- Document Clerk: Fred Herrmann
- Assistant Chief Clerk: Sam J. Shafer
- Sergeant-at-Arms:
John A. Barney
- Assistant Sergeant-at-Arms: W. H. Putnam
- Postmaster: Peter Spehn
- Assistant Postmaster: George McHenry
- Gallery Attendant: Tobias Jacobson
- Document Room Attendant: James P. Evans
- Committee Room Attendants:
- Louis Birlman
- Farrel Golden
- Comparing Clerks:
- A. G. Pankow
- Oscar Osthelder
- Doorkeepers:
- H. B. Loy
- R. Tuttle
- Jacob Staumes
- M. Riedy
- Porter: Peter Blair
- Night Watch: L. J. Pringel
- Janitor: Fred Brandt
- Custodian of the Enrolling Room: L. F. Terhune
- Custodian of the Engrossing Room: E. M. Keogh
- Night Laborer: John D. Fay
- Messengers:
- Tom Kingston
- J. E. Taylor
- Berthold Husting
- John Manchester
- Ben Richmond
- Al De Boise
- Warren Persons
- James Raymen
- R. MacBride
- Fred Klenert
Assembly employees
- Chief Clerk: G. W. Porth
[5]
- 1st Assistant Clerk: W. L. Houser
- 2nd Assistant Clerk: E. D. Doney
- Bookkeeper: J. T. Huntington
- Engrossing Clerk:
William F. Collins
- Assistant Engrossing Clerk: James Pennefeather
- Enrolling Clerk: A. Goerz
- Assistant Enrolling Clerk: Edward E. Fitzgibbon
- Transcribing Clerk: C. H. Tenney
- Assistant Transcribing Clerks:
- George Silbernagel
- Daniel F. O'Keefe
- Assistant Transcribing Clerks:
- Index Clerk: Charles A. Leicht
- Stationary Clerk: C. E. Moseley
- Comparing Clerks:
- A. F. Campbell
- J. F. Cotter
- Clerk for the Judiciary Committee: F. C. Burpee
- Clerk for the Committee on Enrolled Bills: William Boyington
- Clerk for the Committee on Engrossed Bills: Julius Gamm
- Clerk for the Committee on Agriculture: C. H. Lambert
- Clerk for the Committee on Third Reading: Edward L. Hardy
- Clerk for the Committee on Railroads: Ed. S. Quinn
- Clerk for the Committee on Town and County Organization: Edw. Pape
- Document Clerk: Ulrich Wetstein
- Custodian of the Enrolling Room: Geirge Reinsch
- 1st Assistant Clerk: W. L. Houser
- Sergeant-at-Arms: P. Whalen
- Assistant Sergeant-at-Arms: Eugene Courtney
- Postmaster: J. A. Venus
- Assistant Postmaster: Holmes Daubner
- Doorkeepers:
- John O'Keif
- Frank Boyer
- P. H. McClean
- Ira F. Kilmer
- General Attendant: Louis Scheller
- Gallery Attendants:
- Albert Stoppenbach
- G. W. Brower
- Louis Scheller
- Committee Room Attendants:
- Charles Kache
- William Vliet
- J. Lonzo
- Document Room Attendant: John W. Liebenstein
- Porter: Joseph Stanton
- Flagman: S. G. Pelkey
- Night Watch: Charles Gutman
- Wash Room Attendant: J. F. Hartel
- Coat Room Attendant: William Murphy
- Assistant Coat Room Attendant: P. C. Eliott
- Janitor: T. Kavanaugh
- Messengers:
- Archie McCoy
- Otto Gartner
- Arthur Gardner
- August Krueger
- Everett Monohan
- Ed Fitzgerald
- George Haganah
- Frank Coughlin
- James Whitty
- John Gray
- Louis Oyen
- Alven Erickson
Notes
- ^ Democrat John Fetzer won an election challenge to unseat Edward Scofield (District 1).
- ^ Democrat Walter S. Greene (District 23) died.
- ^ Democrat Albert Solliday (District 23) replaced Walter S. Greene.
- ^ Democrat John Edwards (Wood County) died.
- ^ Republican Phillip Rossman (Clark County) died.
References
- ^ a b Barish, Lawrence S.; Lemanski, Lynn, eds. (2011). "Statistics: History" (PDF). State of Wisconsin 2011–2012 Blue Book (Report). Wisconsin Legislative Reference Bureau. pp. 709, 714, 717, 719. ISBN 978-0-9752820-1-4. Retrieved March 20, 2022.
- ^ State ex rel. Attorney General v. Cunningam, 81 Wis. 440 ( Wisconsin Supreme Court March 22, 1892).
- ^ State ex rel. Lamb v. Cunningham, 83 Wis. 90 ( Wisconsin Supreme Court September 27, 1892).
- ^ a b Cunningham, Thomas J., ed. (1891). "Biographical Sketches" (PDF). The Blue Book of the State of Wisconsin (Report). State of Wisconsin. pp. 575–606. Retrieved March 31, 2022.
- ^ a b Cunningham, ed. (1891). "The judiciary, United States government, state government, miscellaneous state societies, etc." (PDF). The Blue Book of the State of Wisconsin (Report). State of Wisconsin. pp. 561–567. Retrieved March 31, 2022.