167 Wis. 515 | Wis. | 1918
It appears from the evidence that plaintiff in error was the owner of a tenement house in Milwaukee with basement rooms used for living purposes that did not comply with the requirements of the section quoted in the statement of facts because their ceilings were not four feet above the level of the lot. It also appears that pursuant to sec. 1636' — -200, Stats., plaintiff in error was duly notified that his basement rooms constituted a nuisance and he was given a reasonable time in which to make them comply with the law. He declared his intention to do so by raising the building, and secured an extension of time within which to raise it to June 1, 1915. He failed to abate the nuisance, and on December 4th following the complaint in this case was made.
When it is borne in mind that there is a consensus of opinion not only among the medical profession but also among people generally that insufficient light and air and dampness are deleterious to health, it is apparent that the provisions of the law which aim to prevent such conditions are reasonable. It is well within the police power to prescribe reasonable regulations for the preservation of the public health. State v. Redmon, 134 Wis. 89, 114 N. W. 137; Benz v. Kremer, 142 Wis. 1, 125 N. W. 99; Mehlos v. Milwaukee, 156 Wis. 591, 146 N. W. 882, and cases there cited. And a determination of what is reasonable is generally a legislative function the exercise of which will not be interfered with by the courts unless clearly exceeding the bounds of reason. Benz v. Kremer, supra. And where such exercise is within the
The law provides for notice to those coming under it and a reasonable time is given them to comply with its wholesome provisions. It is therefore neither unreasonable in what it requires done nor in the manner in which it must be done. It follows that the law is a valid exercise of police power and that the plaintiff in error was lawfully convicted and sentenced.
By ihe Gowrt. — Judgment affirmed.