In re Milwaukee Chapter, Izaak Walton League of Am.
| Decision Date | 06 December 1927 |
| Citation | 194 Wis. 437,216 N.W. 493 |
| Parties | APPLICATION OF MILWAUKEE CHAPTER, IZAAK WALTON LEAGUE OF AMERICA, ET AL. |
| Court | Wisconsin Supreme Court |
Application by the Milwaukee Chapter of the Izaak Walton League of America, a Wisconsin corporation, and others, for leave to bring an original action in the nature of quo warranto against Louis B. Nagler, State Conservation Director. Application denied.--[By Editorial Staff.]
Application by the Milwaukee Chapter of the Izaak Walton League of America, a Wisconsin corporation, and others, for leave to bring an original action in this court in the nature of quo warranto against Louis B. Nagler. The affidavit of S. A. Barrett, one of the relators, alleges that in the year 1927 the Wisconsin Legislature enacted a new conservation act for the state, known as chapter 426 of the Laws of 1927; that by section 2 (6) of said act it is provided:
It then alleges the appointment of such commission by the Governor of the state, and that, on or about the 1st day of October, 1927, the said Conservation Commission appointed Louis B. Nagler as director of conservation. It further alleges that said Louis B. Nagler “has never had any experience or special training, and does not possess any skill in conservation work, and is not eligible to selection as director of conservation under chapter 426, Laws of 1927, and does not belong to that class of persons from whom said conservation director may be chosen.” It further alleges that Mr. Nagler has entered upon his duties as conservation director, and still remains in the discharge of such duties.
The purposes of the conservation act as defined therein are as follows:
Quarles, Spence & Quarles, of Milwaukee, and Wm. J. P. Aberg, of Madison, for Izaak Walton League of America.
H. H. Thomas, of Madison, for respondent, Louis B. Nagler.
Counsel for relator contends that the conservation director is a public officer, and therefore subject to removal in an action of quo warranto, and they cite the cases of Hall v. State, 39 Wis. 79; In re Appointment of Revisors, 141 Wis. 592, 124 N. W. 670, 18 Ann. Cas. 1176; and State ex rel. Gubbins v. Anson, 132 Wis. 461, 112 N. W. 475 in support of their contention. In these cases language may be found which tends to support it, but in none of them was the question directly at issue as to what constituted a public officer. The statutes under which they were appointed and the powers and duties imposed upon them were so different that we think...
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...as a whole, and not by taking single words here and there to determine its true meaning.' In re Milwaukee Chapter, Izaak Walton League of America, 194 Wis. 437, 440-441, 216 N.W. 493, 495. 'In construing statute, court will not take detached sentences or sections, but take statute by its fo......
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...interpreted as a whole and not by taking a single word here and there to determine its true meaning. In re Milwaukee Chapter, Izaak Walton League of America, 194 Wis. 437, 216 N.W. 493, 495. When that section is construed as a whole it means that the dependent must refund out of her recover......
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