Burton v. State Appeal Board

Numerous issues were raised by the petitioners in the circuit court and were incorporated in their brief on this appeal. During oral argument the appellants, although not conceding that other points briefed were wholly without merit, chose to rest their case on the single issue of whether the statute, sec. 117.03, 3 Stats., results in an unconstitutional delegation of legislative power. Their position is premised upon art. X, sec. 1, of the Wisconsin Constitution, which provides in part:

“The supervision of public instruction shall be vested in a state superintendent and such other officers as…