26 Wis. 412 | Wis. | 1870
This is an application by the inspector of the house of correction of the county of Milwaukee,
The respondent resists this application, and moves to quash the alternative writ, upon the ground that the provisions above referred to are unconstitutional. He contends that it is not competent for the legislature to take from his office the duty of taking charge of the county jail of Milwaukee county, and the charge and custody of the prisoners in the same, and transfer that duty to the relator. By virtue of his office, he insists, and as a part and parcel of the duties from time immemorial belongong to it by law, the sheriff of the county has custody of the' common jail and of the prisoners therein; and it is no more competent for the legislature to take from the sheriff that duty and commit it to another officer, than it is to deprive
We are aware that this view of the power of the legislature in respect to the office of sheriff is in opposition to the case in Georgia (The State v. Dews, R. M. Charlton’s R. 397); but it is sustained by the principle and reasoning of the cases of Warner v. The People, 2 Denio, 272; State v. Hastings, 10 Wis. 525; McCabe v. Mazzuchelli, 13 id. 478.
By the Court. — The motion to quash the alternative writ and dismiss the proceedings herein is granted.