State ex rel. Farrell v. Howe
| Decision Date | 16 March 1897 |
| Parties | STATE EX REL. FARRELL v. HOWE, MAYOR, ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Douglas county; A. J. Vinje, Judge.
Petition by the state of Wisconsin, on the relation of Patrick J. Farrell, for a writ of mandamus to Albion Howe, mayor of the city of Superior, and others. From a judgment denying the writ, petitioner appeals. Affirmed.
The appellant applied to the city council of the city of Superior in 1895 for a license for the ensuing license year for the sale of intoxicating liquors in said city. Such proceedings were thereafter duly had that such application was granted, and thereupon the applicant paid to the city treasurer of said city the sum of $200 as license money, upon the theory that such sum was the required amount to be paid in such cases. If such sum was sufficient, the applicant complied with all the conditions precedent to the issuance of his license. After such compliance, such applicant demanded of the proper officers of the city the issuance of his license, which was refused upon the ground that the sum required therefor was $500, as regulated by the charter provisions of the city covering the subject, instead of $200, as provided by the general law of the state. This action was brought to compel such officers to issue the license, and in that way to test the question of whether the charter provision of the city of Superior or the general law governs. Judgment was rendered in defendants' favor, and plaintiff appealed.C. R. Fridley and A. L. Sanborn, for appellant.
Myron Reed and Champ Green, for respondents.
MARSHALL, J. (after stating the facts).
The charter of the city of Superior, prior to the constitutional amendment prohibiting the amendment of such charters by a special act, provided that the license fee for the sale of intoxicating liquors in such city should be “not less than $500, any general law of the state to the contrary notwithstanding.” Such provision existed at the times covered by the proceedings involved in this case, and govern the subject, unless changed by chapter 286, Laws 1893, hereafter mentioned. Section 1548, Rev. St., as amended by chapter 296, Laws 1885, provided that the license fee for the sale of intoxicating liquors should be $200. In such act of 1885, by section 6, it was provided that section 1548 aforesaid, as amended by said act, should not be construed to diminish the sum to be paid for a license to sell intoxicating liquor in any city or village in this state, as provided by the charter and ordinances thereof. By section 1 of chapter 286 of the Laws of 1893, section 1548, Rev. St., as amended by the act of 1885, was amended in respect to the time of...
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State ex rel. Gates v. Comm'rs of Pub. Lands
...Also that a mere re-enactment of a statute continues it without change as regards special laws within its general scope. State v. Howe, 95 Wis. 530, 70 N. W. 670;Baines v. City of Janesville, 100 Wis. 369, 75 N. W. 404. So there can be no question but that the special law of 1897, governing......
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Harris v. City of Fond Du Lac
...to constitutional objection, by reason of the constitutional amendment of 1892, than could the legislation considered in State v. Howe, 95 Wis. 530, 70 N. W. 670, because limited to the same class of cities as the original section. This act was by its express terms an amendment of section 1......