(1972)

DANIEL L. LAROCQUE, District Attorney, Marathon County

You have requested my opinion on the legality of issuing Class "B" liquor licenses on the basis of a population enumeration determined by means other than the last decennial federal census.

You mention in your letter that the person seeking the license cites State ex rel. Fairchild v. McCarthy (1950), 257 Wis. 62,42 N.W.2d 484, as authority for the proposition that Class "B" licenses may be issued on a population-quota basis where the population has been determined by a census other than the decennial federal census. However, as you note in…