55 Wis. 175 | Wis. | 1882
In Churchill v. Herick, 32 Wis., 357, it was held that ch. 35, E. S. 1858, which constituted the general excise law at the time, by its terms applied to cities as well as to villages and towns, and that all moneys received ■for licenses granted under the provisions of that law, in (counties where the county system of supporting paupers had 'been adopted, were required, by section 16 of that chapter, to be paid into the county treasury and applied to the payment of the pauper expenses of the county. Oh. 223, Laws of 1860, took the counties of Dodge, Jefferson, Colum'bia, Winnebago and Brown out from its provisions; and •ch. 176, Laws of 1863, took out the county of Fond du Lac. Oh. 255, Laws of 1873, by its terms took “the several towns, cities and villages of Green and Green Lake •counties ” out of the general statute, and provided that all such license moneys should “ be held and disposed of in the :same manner as the general town, city and village funds are mow [were then] disposed of .by law, any law to the contrary
The proviso contained in the 23d section, to the effect that it should “ not interfere with or change the provisions of any village or city charter in respect to the term of license,” is preserved in sec. 1548, R. S. This of itself, as well as other portions of ch. 66, R. S., clearly shows that, to a certain extent, it was intended to repeal city and village charters, and adopt a uniform law for the whole state. This appeal, therefore, must depend upon the construction to be given to sec. 1562, R. S., which reads as follows: “All moneys derived from such license shall be kept separate
For the reasons given the order of the circuit court must be affirmed.
By the Gourt.— Order affirmed.