Ryan v. Outagamie County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This is an appeal from a decision of the county board of • the respondent county in disallowing a part of the bills of plaintiff against defendant for fees as justice of the peace in thirty-four criminal actions tried before him under the provisions of ch. 470, Laws of 1887, popularly known as the “ Tramp Law.”
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APPEAL from the Circuit Court for Outagamie County. This is an appeal from a decision of the county board of • the respondent county in disallowing a part of the bills of plaintiff against defendant for fees as justice of the peace in thirty-four criminal actions tried before him under the provisions of ch. 470, Laws of 1887, popularly known as the “ Tramp Law.” Plaintiff claimed $3:08 for fees in each of these cases, made up of items under the general fee-bill prescribed by sec. 3774, R. S. The county board allowed but • $2 in each case, and the plaintiff appealed. It appears that on the…
1Opinion of the CourtWiNsnow, J.
It is claimed that sec. 6a, ch. 470, Laws of 1887, is invalid because it is an attempt to confer upon the county board legislative power, which, by familiar principles, cannot be delegated.
In the case of Slinger v. Henneman, 38 Wis. 504, the following principles were laid down: “ It is a settled maxim of constitutional law that the power thus conferred -upon the legislature \i. e., the legislative power] cannot be delegated by that department to any other body or authority; yet it is undoubtedly true that, in matters purely local and municipal, the legislature may enact conditional laws, and…
2Cases cited1 opinion
- Slinger v. HennemanWisconsin Supreme Court · 1875
3Cited by13 opinions
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- Hubbell v. HigginsSupreme Court of Iowa · 1910
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
- Wentworth v. Racine CountyWisconsin Supreme Court · 1898
- Brady v. MatternSupreme Court of Iowa · 1904
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