24 Wis. 542 | Wis. | 1869
The question presented in this case is, whether the common council of the city of Appleton had authority to pass the ordinance in controversy? Section two of chapter four of the charter provides, that the common council shall have authority, by ordinances, resolutions or by-laws, among other things, “to regulate the time, place and manner of holding public auctions.” Laws of 1865, ch. 268. And like authority is conferred by section eight, chapter 54, R. S. It is not claimed, under the power thus given, that the common council may arbitrarily pass what ordinances it pleases with respect to the time, place and manner of holding public auctions. The authority conferred is a limited one, expressly so, by the same section of the charter,
The judgment of the circuit court, and that of”the justice of the peace, must therefore be reversed.
By the Court. - So ordered.