State ex rel. Wixon v. Cleveland

Oct 24, 1916

Versions:159 N.W. 837

164 Wis. 189

1916 Wisc. LEXIS 53

Eschweiler, J.

Tbe effect of this proceeding is to again challenge tbe power of tbe legislature to pass cb. 423, Laws 1911, which рrovides that in all counties containing a city of tbe first class, thereby designating Milwaukee county, no-justice of tbe peace in said county ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍shall have jurisdiction or cognizance over tbe actions of garnishment, replevin, attaсhment, and bastardy proceedings, and that justices of tbe peace of tbe city of Milwaukee shall not exerсise jurisdiction in actions of unlawful entry and detainer.

*191Tbe legislature by cb. 849, Laws 1909, created tbe civil ■court of Milwaukee county, designed to take tbe place, to a large еxtent, of tbe courts of justices of tbe peace in said county. Tbat law provided for bolding branches of ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍said court from time to time in different parts of Milwaukee •county, wbicb рrovision would include tbe city of West Allis and other cities. Tbe jurisdiction taken away by cb. 423, Laws 1911, is now vested in such civil court.

It is cоntended by defendant in bis return that this depriving tbe justices of the peace of a city like West Allis of their former jurisdiction ovеr tbe actions specified in said cb. 423 is a serious curtailment of tbe rights and remedies of tbe citizens of West Allis and plaсes them at a great disadvantage in tbat they are cоmpelled to travel ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍to tbe city of Milwaukee for such relief, and tbat such legislation is in violation of tbe rights secured to them by sec. 9, art. I, of tbe Wisconsin constitution, relating to remedy for wrong. In appellant’s brief it is also claimed tbat bis rights seсured by tbe Fourteenth amendment to tbe United States constitution are violated.

Tbe right of tbe people to have courts of justices of tbe peace is firmly secured by sеc. 15, art. VII, Const., providing for tbe election of ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍such officers, but tbat section also contains tbe following: “The justices thus еlected shall have such civil and criminal jurisdiction as shall he prescribed by la/w"

In tbe case of State ex rel. Burke v. Hinkel, 144 Wis. 444, 129 N. W. 393, this court hеld tbat under this constitutional provision just quoted tbe legislature сould not enact a law wbicb ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍amounted to a practical abrogation of tbe powers of such justices. On tbe other band, it was held in the case of State ex rel. McLogan v. Burke, 161 Wis. 429, 154 N. W. 627, that the limitations upon tbe number and.powers of justices of tbe peacе in Milwaukee county prescribed in this precise chaрter under question, ch. 423, Laws 1911, and cbs. 424 and 468 of tbe,same year, were within tbe power of the legislature and not unconstitutional. Tbe precise question, therefore, as here raised has already been passed upon and determined by *192this сourt in tbe case last cited, which involved a still greater restriction upon the powers of the justices of the peace for Milwaukee city than is the situation here and sеttles the law upon this particular statute. It necessarily dеtermined that there is no denial of any one’s rights under sec. 9, аrt. I, Const. There is no ground for claiming that it is a violation of the Fourteenth amendment to the federal constitution.

The order of the circuit court should therefore be affirmed.

By the Court. — Order affirmed.