Ryan v. Outagamie Cnty.
| Decision Date | 20 October 1891 |
| Parties | RYAN v. OUTAGAMIE COUNTY. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Outagamie county; GEORGE H. MYERS, Judge.
Action by Sam Ryan against Outagamie county for fees as justice of the peace under the “Tramp Law.” Plaintiff appeals from a decision of the county board disallowing a part of his bills. Affirmed.
STATEMENT BY THE COURT. This is an appeal from a decision of the county board of the respondent county in disallowing a part of the bills of plaintiff against defendant for fees as justice of the peace in 34 criminal actions tried before him under the provisions of chapter 470, Laws 1887, popularly known as the “Tramp Law.” Plaintiff claimed $3.08 for fees in each of these cases, made up of items under the general fee-bill prescribed by section 3774, Rev. St. The county board allowed but $2 in each case, and the plaintiff appealed. It appears that on the 19th of April, 1890, the county board of the defendant passed the following resolution, claiming to be authorized so to do by the provisions of section 6 a of said chapter 470: “Whereas, the legislature of the state of Wisconsin, at its annual session in the year 1887, provided by section 6 a of chapter 470, Laws of said session, for the arrest and imprisonment of tramps, and therein provides that the county board at any of its sessions may fix a certain fee that shall be allowed to each magistrate in all cases of arrest and conviction of tramps: Now, therefore, resolved, by the county board of supervisors of Outagamie county, that we do hereby order and determine, and inform all justices of the peace in said county, that hereafter no sum exceeding two dollars ($2.00) in case of arrest and conviction or acquittal of tramps will be allowed.”The prosecutions in question were all subsequent to the passage of this resolution.
Frank W. Harriman, for appellant.
Lyman E. Barnes, for respondent.
It is claimed that section 6 a, c. 470, Laws 1887, is invalid because it is an attempt to confer upon the county board legislative power, which, by familiar principles, cannot be delegated. In the case of Slinger v. Henneman, 38 Wis. 504, the following principles were laid down: “It is a settled maxim of constitutional law that the power thus conferred upon the legislature [ i. e., the legislative power] cannot be delegated by that department to any other body or authority; yet it is undoubtedly true that, in matters purely local and municipal, the legislature may enact conditional laws, and refer it to the people or proper municipal authorities to decide whether such laws shall or shall not have force and effect in their respective municipalities” We consider this a correct statement of the doctrines applicable to this case. That the regulation of the compensation of a county or town officer is a purely local matter cannot admit of doubt. It has been the policy of our laws for many years to empower county boards to fix...
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