State ex rel. McCann v. Enos
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha '©ounty: JaMes J. Dice, Circuit Judge. ■ Prior to January, 1896, Waukesha was a village' with a special charter, and divided into two school districts, in which the district system of schools was enforced. In January, 1896, the village was duly incorporated as a city of the fourth class, under ch. 326, Laws of 1889, and the amendments thereto.
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Appeal from a judgment of the circuit court for Waukesha '©ounty: JaMes J. Dice, Circuit Judge. ■ Prior to January, 1896, Waukesha was a village' with a special charter, and divided into two school districts, in which the district system of schools was enforced. In January, 1896, the village was duly incorporated as a city of the fourth class, under ch. 326, Laws of 1889, and the amendments thereto. The defendant was elected mayor of said new city, and declined to appoint a board of education, whereupon this action was brought to compel him to appoint such board. Sec. 113, ch. 326, aforesaid,…
1Opinion of the CourtWinslow, J.
The question is simply one of construction of a statute, and there is little that can be profitably said by way of argument. The provision is not as plain in its meaning as might be wished, yet the difficulty in construction does not seem great. The purpose of the act' from beginning to end was to secure uniformity in city government-This is an important, and almost a controlling, consideration. With this consideration in mind, it seems quite clear to us that the statute means that, when an existing city adopts the act, its school system shall remain as before, if it have a school board…
2Cited by3 opinions
- State ex rel. Joint School District No. 2 v. SweeneyWisconsin Supreme Court · 1899
- State ex rel. City of South Milwaukee v. FowleWisconsin Supreme Court · 1899
- Ross v. City of CrandonWisconsin Supreme Court · 1940