State Ex Rel. Commissioners of Public Lands v. Anderson

This appeal raises the question of whether the legislature may define “clear proceeds” as used in art. X, sec. 2, of the Wisconsin Constitution, and whether sec. 59.20 (8), Stats., is a valid declaration of clear proceeds.

The constitution provides the clear proceeds of all fines collected in the counties for breaches of the penal laws shall be set apart as a separate “school fund.” The commissioners are constitutional officers and charged with the duty as trustees to administer the school fund. See art. X, sec. 7, Wisconsin Constitution; secs. 25.01 and 25.21, Stats. The trial court correctly…