City of Milwaukee v. Horvath

The single issue presented on this appeal is whether Milwaukee Ordinance, sec. 101-321, 2 which permits imprisonment upon failure to pay a fine, is constitutional.

It is well established that actions for violations of municipal ordinances, such as those in the instant case, are civil proceedings. 3 Appellant contends that the disputed ordinance is repugnant to both sec. 1, art. XIII (Thirteenth amendment) of the United States constitution, 4 and sec. 2, art. I, of the Wisconsin constitution, 5 both of which forbid involuntary servitude except as a punishment for crime.

This court ruled in State…