Rock Cnty. v. City of Edgerton

• Citation: 63 N.W. 291,90 Wis. 288
• Parties: ROCK COUNTY v. CITY OF EDGERTON.
• Decision Date: 15 May 1895
• Court: Wisconsin Supreme Court

90 Wis. 288

63 N.W. 291

ROCK COUNTY

v.CITY OF EDGERTON.

Supreme Court of Wisconsin.

May 15, 1895.

Appeal from circuit court, Rock county; John R. Bennett, Judge.

Action by Rock county against the city of Edgerton. From a judgment for defendant, plaintiff appeals. Reversed.

The action is to recover from the city of Edgerton certain moneys alleged to be due from it to the county of Rock under the provisions of chapter 417 of the Laws of 1887. The complaint states, in substance, that the respondent is an incorporated city within the limits of Rock county; that for the years 1889 to 1893, inclusive, it granted 30 licenses for the sale of intoxicating drinks; that it has not paid any part of such license moneys into the treasury of Rock county, but is indebted to the county therefor, in all, in the sum of $1,500,--and demands judgment for the same. The city demurred to the complaint. The demurrer was sustained, and the county appeals.W. G. Wheeler, for appellant.

L. H. Towne and L. K. Luse, for respondent.

NEWMAN, J. (after stating the facts).

Under the general law (section 1562, Rev. St.), all moneys derived from licenses to sell intoxicating liquors are to be kept separate from all other moneys, by the treasurers of towns, villages, and cities, and set apart for the support of the poor. In counties where the county system of supporting the poor has been adopted, they are to be paid into the county treasury, and, in other counties, into the town treasury, “unless the supervisors, trustees or common council, of such town, village or city, shall have, by ordinance or resolution, provided for a different way of disposing thereof, (which they are empowered, in their discretion, to do).” Chapter 417 of the Laws of 1887 provides that: “It shall be the duty of each city, incorporated village and town, in the county of Rock, to pay into the treasury of said county, for the benefit of the poor fund, for each license to sell intoxicating drinks granted by any such city, incorporated village or town, the sum of fifty dollars.” It is to recover under this last provision that this action is brought.

It is claimed that this statute violates the constitution of the state, for two reasons: (1) That it violates article 4, § 23, which provides, “The legislature shall establish but one system of town and county government, which shall be as nearly uniform as practicable”; and (2) that it is unequal and partial legislation, in that it requires the towns, villages, and cities of Rock county to pay over the license moneys collected by them to the countyof Rock, while the other towns, villages, and cities of the state are permitted to make their own application of them, without restriction.

It is only in a limited and partial sense, if at all, that the granting of licenses to sell intoxicating liquors is a part of the system of town and county government. The laws regulating the sale of intoxicating liquors are a part of the police regulations of the state. They are enacted under the police power to restrain and regulate a traffic which experience has shown to be likely to produce mischief in the community. It is a regulation of the traffic in the state at large, in the...