Legal Opinion

City of Milwaukee v. Raulf

Wisconsin Supreme Court

Decided October 24, 1916PublishedCited by 25 opinions

Appeal from a judgment of the municipal court of Milwaukee county; J. C. Ludwig, Acting Judge. Tbe appeal is from a judgment finding the defendant guilty of violating an ordinance of the city of Milwaukee prohibiting the employment of labor on public works contracts more than eight hours a day. The defendant was arrested upon a warrant issued from the district court of Milwaukee county upon a sworn complaint charging him with the violation of the ordinance in question.

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Appeal from a judgment of the municipal court of Milwaukee county; J. C. Ludwig, Acting Judge. Tbe appeal is from a judgment finding the defendant guilty of violating an ordinance of the city of Milwaukee prohibiting the employment of labor on public works contracts more than eight hours a day. The defendant was arrested upon a warrant issued from the district court of Milwaukee county upon a sworn complaint charging him with the violation of the ordinance in question. Upon his arrest he appeared, pleaded not guilty, and by way of defense alleged that the ordinance in question was void. He…

1Opinion of the CourtKoseNbeeky, J.

The defendant was properly convicted and sentenced if the ordinance relating to “hours of labor upon public works,” being sec. 562 of the general ordinances of the city of Milwaukee, is a valid ordinance. The defendant claims that it is not valid for four reasons, stated as follows:

“1. The ordinance is not authorized by the charter as an exercise of police power.
“(a) There is no delegation of such authority.
“(b) As a police power regulation, classification is improper.
“(c) Would such a delegation of police power be constitutional ?
“(d) Could the legislature itself enact an eight-hour work day?

2Cases cited8 opinions

  1. Atkin v. KansasSupreme Court of the United States · 1903
  2. Ellis v. United StatesSupreme Court of the United States · 1907
  3. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  4. Covington v. KentuckySupreme Court of the United States · 1899
  5. State ex rel. Mc Curdy v. TappanWisconsin Supreme Court · 1872

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3Cited by25 opinions

  1. Louisiana Associated Gen. Contr. v. CalcasieuSupreme Court of Louisiana · 1991
  2. Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
  3. State Ex Rel. Brooks v. CookMontana Supreme Court · 1929
  4. Wisconsin Power & Light Co. v. City of BeloitWisconsin Supreme Court · 1934
  5. Bohn v. Salt Lake CityUtah Supreme Court · 1932

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