State v. Van Brocklin

Being satisfied that the clerk of the municipal court of Oshkosh has no power to issue a search warrant under the statute creating that court *449and relied upon as giving such power, and that the legislature cannot confer such a power, I must dissent.

That such warrants may have been issued by the clerk of that court or by such other clerks I do not think is entitled to importance here, any more than was the long practice in the eminent domain proceedings under the Milwaukee city charter which was overturned in State ex rel. Allis v. Wiesner, 187 Wis. 384, 398, 204 N. W. 589.

It appears to me that…