185 Wis. 142 | Wis. | 1924
The question presented by this appeal is whether a person can be convicted for a violation of a city ordinance which makes it an offense to sell non-intoxicating beverages without a license when the state statute also makes the same identical act an offense and provides a penalty therefor. It is claimed by the appellant 'that no punishment under the city ordinance can be enforced because the state statute covers the whole subject and prosecutions for the offense must be under the state statute, and not under the city ordinance. The city charter of Mikvcmkee grants to the council power “To impose fines for all violations, within the limits of the said city, of the general laws of the state, when, in their judgment, it is necessary for the peace and good ord’er, or for the health of the said city.” Ch. IV, sec. 3, sub. 52, Milwaukee Charter Law. It has uniformly been
By the Court. — Judgment affirmed.