Legal Opinion · Dissent

Barth v. Village of Shorewood

Wisconsin Supreme Court

Decided November 9, 1938Published

1DissentFritz, J.

{dissenting). It is provided in sec. 2 of ch. 148, Laws of 1937, that “this act shall take effect upon passage and publication.” The wording of that usual provision is so plain and unambiguous that it probably has never been construed heretofore to mean anything else than that the act became effective on the date of its publication. That was on May 19, 1937, in this case. Consequently, that date was undoubtedly the time intended by the legislature in using the words “at the time of the taking effect of this act” in sub. (4), which provides:

“Persons who are members of the police and fire…

2Cases cited13 opinions

  1. State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
  2. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1894
  3. Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
  4. Burnham v. City of MilwaukeeWisconsin Supreme Court · 1897
  5. Singer v. TikalskyWisconsin Supreme Court · 1927

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