Village of Little Chute v. Van Camp

Wikslow, O. J.

The defendant was convicted of violad ing an ordinance of the plaintiff village reading as fallows:

“All saloons in said village shall be closed at 11 o’clock p. m. each day and remain closed until 5 o’clock on the following morning, unless by special permission of the president.”

We regard the ordinance as void for two reasons: First, because it attempts to confer arbitrary power upon an executive officer, and allows him, in executing the ordinance, to make unjust and groundless discriminations among persons similarly situated (State ex rel. Garrabad v. Dering, 84 Wis. 585, 54 N.…