Legal Opinion

Zodrow v. State

Wisconsin Supreme Court

Decided October 28, 1913PublishedCited by 25 opinions

Appeal from a judgment of the municipal court of Milwaukee county: A. C. Backus, Judge. Plaintiff in error was convicted in tbe municipal court of Milwaukee county and sentenced to pay a fine for having sold at retail intoxicating liquors without first obtaining a legal license therefor from the city of Milwaukee. On June 30, 1901, the plaintiff in error resided in the town of Wauwatosa.

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Appeal from a judgment of the municipal court of Milwaukee county: A. C. Backus, Judge. Plaintiff in error was convicted in tbe municipal court of Milwaukee county and sentenced to pay a fine for having sold at retail intoxicating liquors without first obtaining a legal license therefor from the city of Milwaukee. On June 30, 1901, the plaintiff in error resided in the town of Wauwatosa. He then had no license for the sale of intoxicating liquors at retail, was not engaged in the saloon business, and the premises he now occupies were not then occupied for saloon purposes, nor was there any…

1Opinion of the CourtViNjE, J.

The plaintiff in error claims that sec. 1565d, Stats. 1911, is unconstitutional because (a) it violates the Fourteenth Amendment to the federal constitution in that it denies to all the property owners within the city the equal protection of the laws; (b) it creates a monopoly in favor of .2,224 places and against 30,000 places within said city; (c) it discriminates in favor of 2,224 property owners in said city; (d) it enables the owners of 2,224 pieces of property to exact extortionate rents because they are protected from competition; (e) it is class legislation because it builds up a…

2Cases cited5 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  3. State ex rel. Henshall v. LudingtonWisconsin Supreme Court · 1873
  4. Wightman v. DevereWisconsin Supreme Court · 1873
  5. State ex rel. Marvin v. LarsonWisconsin Supreme Court · 1913

3Cited by25 opinions

  1. Tweel v. West Virginia Racing CommissionWest Virginia Supreme Court · 1953
  2. Ex Parte StrauchCourt of Criminal Appeals of Oklahoma · 1945
  3. State Ex Rel. Martin v. BarrettWisconsin Supreme Court · 1946
  4. Crazy Horse, Inc. v. PearceIdaho Supreme Court · 1977
  5. Odelberg v. City of KenoshaWisconsin Supreme Court · 1963

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