Ogden v. City of Madison
Wisconsin Supreme Court
Ebeoe to review a judgment of the circuit court for Dane county: R. G-. Siebeoxer, Circuit Judge. This action was commenced in the municipal court of Dane county on a complaint charging the plaintiff in error with having been guilty of “ keeping and maintaining a disorderly house and house of ill-fame,” contrary to the provisions of sec. 4, ch. 7, of the ordinances of the city of Madison. A warrant for his arrest was issued, and he was arrested and taken before the court.
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Ebeoe to review a judgment of the circuit court for Dane county: R. G-. Siebeoxer, Circuit Judge. This action was commenced in the municipal court of Dane county on a complaint charging the plaintiff in error with having been guilty of “ keeping and maintaining a disorderly house and house of ill-fame,” contrary to the provisions of sec. 4, ch. 7, of the ordinances of the city of Madison. A warrant for his arrest was issued, and he was arrested and taken before the court. A plea of not guilty was entered, and a trial was had before the court without a jury. He was found guilty, and was…
1Opinion of the CourtBaRdeeN, J.
Two propositions are presented for our consideration: (1) The city of Madison has no power to enact the ordinance under which the plaintiff in error was convicted ; (2) the provisions of law providing for the summary trial of the accused without a jury are in violation of the constitution, of the state and of the United States.
1. The first proposition must be determined upon a consideration of the powers granted the common council of the city of Madison under its charter (ch. 36, Laws of 1882), with the amendments thereto. ' Sec. 1, subch. I, says:
“The city of Madison shall'have the general…
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