123 Wis. 98 | Wis. | 1904
We deem it entirely plain, upon inspection either of tbe return or petition, that tbe council was in nowise attempting to exercise tbe jurisdiction conferred upon it by sec. 1558, Stats. 1898, to revoke a license, valid at its inception, but which, by reason of .subsequent misconduct, tbe common council is authorized to recall. Tbe petition of neighbors, tbe notice to Mr. Schaefer, tbe facts investigated, and tbe final resolution mark an inquiry and attempt to decide-upon tbe question whether tbe license was valid originally, or void by reason of fraud perpetrated upon tbe council in obtaining it. Hence we need not consider whether tbe council acquired jurisdiction to act in revocation of this license under sec. 1558, or, by improper proceeding, lost sucb jurisdiction. Tbe act done was to declare that tbe license was, and always bad been, void. And it may be conceded to tbe relator that there is much in tbe record indicating tbe idea, both on the. part of tbe petitioners and on tbe part of tbe council, that such resolution might have conclusive effect as an adjudication of" tbe invalidity of tbe license. As relator urges, however, there is nowhere in tbe statute or charter any authority given to the-city council to make any such decision. Of course, there is-, an inherent power in tbe city to investigate, and to reach conclusion as to tbe attitude which it will take — whether to contend for tbe invalidity of such a license or not to make such contention; just as there is tbe right in any individual to investigate facts, and make up bis own mind as to bis attitude-with reference to tbe legal validity of an act done by him. But, in absence of some authority of law, tbe city council could go no further. Tbe license was neither more nor less-
By the Court. — Judgment reversed, and cause remanded ’'"Rh directions to quash tbe writ and dismiss tbe proceedings.