145 Wis. 243 | Wis. | 1911
Subd. 5 of sec. 1548, Stats. (Supp. 1906: Laws of 1905, cb. 385),- provides in substance tbat after June 30, 1905, no license shall be granted to any person for the sale of liquors in any building or place for which a license is not in force on June 30, 1905, within a distance of 300 feet of any public or permanently established parochial school grounds, such distance to be measured upon the streets from the boundaries of the schooí grounds, and that whenever after January 1, 1908, a list of all the parents and lawful guardians of the children enrolled as pupils in any public school or permanently established parochial school, together with a remonstrance in writing signed and acknowledged before a notary public by a majority of such parents and lawful guardians, are filed with the city, village, or town clerk, as the case may be, describing the premises for which a license had previously been issued within 300 feet of the grounds of such school and demanding that no license be granted, no such license shall thereafter be granted to any person for the sale of liquors on such premises. Subd. 6 of see. 1548 provides in effect that the foregoing provisions shall not apply to drug ■stores, hotels, nor restaurants actually established and maintained as such prior to February 1, 1905, and further provides that it shall be the duty of the city, village, or town clerk, as the case may be, to receive, file, and record such list and remonstrance.
The respondent attempted to proceed under this law and filed a list and remonstrance with the city clerk, which list and remonstrance were considered by the council on the application of the appellant for a license at 404 Oak street, and the matter referred to the license committee appointed by the common council, which committee reported, and their report was confirmed by the common council and the license granted to appellant.
A great many errors are assigned and argued by counsel for appellant which were not considered or determined by
This inquiry involves the construction of the statutes as to what constitutes a school. If the pupils in both the high
The word “school” is applied to institutions which are con
Some points are made by counsel for respondent and which were not passed upon by the court below, respecting sufficiency of publication of the application of appellant for a license, approval of the bond under ck. 336, Laws of 1909, and the regularity of the proceeding by the common council to determine the issues raised by the application and the remonstrance. We do not find that the respondent was prejudiced by any of -the alleged irregularities complained of, even if he could raise them here.
It follows that the judgment of the court below must be reversed.
By the Court. — The judgment of the court below is reversed, and the cause remanded with directions to quash the writ.