107 Wis. 599 | Wis. | 1900
The amount which the town of Pelican Lake could legally spend for highway purposes during the year was limited to the amount which it could legally raise for that purpose by taxation. Webster v. Douglas Co. 102 Wis. 181; sec. 823, S. & B. Ann. Stats. So the question upon which the case must turn is whether the town was authorized to levy more than $1,000 tax for highway purposes in the year 1896. The claim of appellant is that because the town contained less than 500 inhabitants it could only raise a highway tax of $1,000, while the respondent’s contention is that because the town contained a territory of
Prior to the passage of ch. 293, Laws of 1895, the material statutory provisions on the subject were as follows: Sec. 776,. S. & 33. Ann. Stats., provided, among other things, that the electors, at the annual town meeting, should have power “to-vote to raise money for the repair of roads and bridges or either; for the support of the poor and for the defraying of all other proper charges and expenses of the town, subject, however, to the limitation as to the amount of highway taxes provided in section twelve hundred and forty.” Sec. 1240 of the same statute provided, in substance, that the supervisors should assess a poll tax for highway purposes on every adult male inhabitant, with certain exceptions, and proceeded as follows: “ The residue of the highway tax, to-an amount of not less than one nor more than seven mills on the dollar, shall be assessed on the valuation of real and personal property in each district, but the supervisors in the several towns of this state shall assess any amount of highway tax, additional to the amount above authorized, which shall be ordered to be assessed at the next preceding annual town meeting, not exceeding fifteen mills on the dollar of such valuation. But no town containing a population of less than 500 inhabitants shall hereafter levy or collect in any one year a highway tax of more than $1,000, including the-amount of money that may be voted at any special or general town meeting and the mill tax herein authorized to be levied by the supervisbrs. And no town having two congressional townships or more, shall levy or collect a tax exclusive of the mill tax hereinbefore authorized, for more than $2,000 in any one year.”
Thus, it appears that the limitations provided in sec. 1240-
While the law stood thus, it is difficult to see how it could be claimed that the $1,000 limitation did not apply to every town in the state continuing less than 500 inhabitants, just as its plain terms indicate, and regardless of the question of extent of territory. It is true that there was a subsequent limitation to the effect that no town having two or more congressional townships should levy a highway tax exclusive of the mill tax of more than $2,000 in any one year, but this ivas an entirely independent provision. It was not in the form of a proviso or exception to the previous limitation. A little reflection makes its object manifest. In a town containing great territory, and consequently a very large amount of “assessable property, owned perhaps by nonresidents, but also containing only a few more than 500 inhabitants, a highway tax of fifteen mills would raise an excessive amount, and consequently an additional limitation, not, however, so drastic as the previous limitation upon towns of less than 500 inhabitants, was necessary, and this additional or cumulative limitation was provided for such towns. This seems clearly to be the true meaning and intent of the provisions above noted, and such was practically the construction placed upon them in the case of C. N. Nelson Lumber Co. v. Loraine (C. C.), 24 Fed. Rep. 456. The case of Sage v. Fifield, 68 Wis. 546, is cited as opposed to this construction, but the question now being considered was not raised or decided in that case. There was no question there involved as to the powers of a town containing less than 500 inhabitants. But even conceding this to be the proper construction of the laws as they stood prior to 1895, it is claimed that the $1,000
Interest was allowed by the trial court on all orders from the time of the filing of the plaintiff’s claim with the town clerk. This was error. It is a general principle of law that town -orders do not bear interest, in the absence of statute to that effect. Bigelow v. Washburn, 98 Wis. 553. It is provided by statute that county orders shall bear no interest. Sec. 686, Stats. 1898. Under this statute, it has been held that no interest could be recovered on county orders, even-after presentment for payment. Alexander v. Oneida Co. 76 Wis. 56. In the case of a town order, the inhibition against the running of interest is by rule of common law; in the case of a county order, it is by statute; but the effect is manifestly the same. The legislature has recognized the necessity of legislative action in order to justify the payment of interest upon a town order by the passage of ch. 325 of the laws of 1899, authorizing the electors of a town, by vote, to declare whether town orders shall bear interest,, and at what rate.
By the Gourt.— Judgment reversed, and action remanded with directions to enter judgment for the plaintiff for the amount of the orders which were stipulated to be valid, without interest.