166 Wis. 573 | Wis. | 1918
The following opinion was filed December 4, 1917:
Under our local option laws, can the village board of a village incorporated wholly out of dry territory, without any vote on the subject being had by the electors of the village, or of the dry town out of which it was incorporated, lawfully grant a license for the sale of intoxicating liquors therein ? is the question presented by this appeal. It is claimed that it can, because upon the creation of the village,
The case of American Falls v. West, 26 Idaho, 301, 142 Pac. 42, held by a divided court that under the laws of Idaho a new county formed partly out of wet territory and partly out of dry remained wet. No cases to support such a rule or statutes applicable thereto are cited by the court, and this point of the case naturally received scant treatment by the writer of the opinion of the court, who dissented therefrom.
By the Court. — Order affirmed.
A motion for a rehearing was denied, with $10 costs, on Eebruary 5, 1918.