State ex rel. Board of Trustees v. City of Oshkosh
Wisconsin Supreme Court
Appeals from a judgment of the county court of Winnebago county: Feed Begliwgee, Judge. Mandamus to compel the city treasurer, mayor, and councilmen of the city of Oshkosh to transfer certain funds in the city treasury to the police pension fund. Oshkosh is a commission governed city of the third class, and since 1901 the city has maintained a permanent police pension fund, pursuant to secs. 925 — 52h to 925 — 52-y, Stats.
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Appeals from a judgment of the county court of Winnebago county: Feed Begliwgee, Judge. Mandamus to compel the city treasurer, mayor, and councilmen of the city of Oshkosh to transfer certain funds in the city treasury to the police pension fund. Oshkosh is a commission governed city of the third class, and since 1901 the city has maintained a permanent police pension fund, pursuant to secs. 925 — 52h to 925 — 52-y, Stats. Since 1912, by direction of the mayor, the funds hereinafter described have not been transferred to the police pension fund. These facts appear without dispute. Upon the…
1Opinion of the CourtRoseNbekky, J.
The city of Oshkosh has a special charter. It is to be noted that in accordance with the provisions of sec. 11, ch. V, of this charter (Laws 1891, ch. 59), as well as by the provisions of sec. 925 — 71 of the general city charter law, fees of the kind in question do not under any circumstances belong to the officers earning them. Where officers are paid salaries, the fees must be paid into the city treasury.
*395Two questions are involved on this appeal: (1) Do the moneys mentioned in finding number 1, that is, fees earned by police officers for service by them rendered for arrest and travel in…
2Cited by1 opinion
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