State ex rel. Reynolds v. Sande

The sole question to be determined is the constitutionality of ch. 392 of the Laws of 1931. The particular proceeding asks for the relief provided for in sec. 5 of the act, governing the selection of a judge pending the regular election, and this section places upon the common councils of the cities-of Neenah and Menasha the responsibility for this election. The legislature has no authority to provide for the selection of a judge in this manner. The concrete proposition which presents itself here was considered in In re Burke, 76 Wis. 357, 45 N. W. 24, where the matter of the appointment of a…