141 Wis. 30 | Wis. | 1909
Three questions are certified here to be answered by this court which are set out in the statement of facts. The first is as to whether the complaint states an offense. The argument is made that it does not, because it alleges only that the infant, Constantine Schoen, under the age-of sixteen years, was employed to work in a beer garden, and that a beer garden cannot be said to be a “place where intoxicating liquors are made, given away or sold” under the provi
“No child under the age of sixteen years shall be employed in adjusting any belt ... or in any place where intoxicating liquors are made, given away or sold. . . .”
The engagement in service was obviously the evil intended to be guarded against; and whether the means which brought about such service or engagement amounted to a void contract is wholly immaterial. The evil which a statute is designed to cure may be considered in construing it. Minneapolis T. M. Co. v. Haug, 136 Wis. 350, 117 N. W. 811; Cohn v. Neeves, 40 Wis. 393; Johnson v. Huber, 117 Wis. 58, 93 N. W. 826; State v. Foster, 37 Iowa, 404; McCluskey v. Cromwell, 11 N. Y. 593; Carpenter v. Strickland, 20 S. C. 1. Therefore we think the second question should be answered in the negative.
The third question is the one which has caused us the most trouble. Erom the facts set forth under this head it appears that the defendant contracted with an adult to furnish music at a gross sum, and that defendant at the time of employment neither knew nor saw any of the musicians except the person with whom he contracted, and had no knowledge of their ages, and the person with whom defendant contracted employed the minor under sixteen years of age to assist him with others in furnishing the music, and after the attention of defendant had been called to the fact of such employment he caused the boy’s discharge. It is true the statute providing the penalty (sec. 1728h, Stats.: ch. 523, Laws of 1907) is very broad and reaches any person who, whether for himself or by himself “or through agents, servants, or foreman,” shall violate, etc. But • it must receive a reasonable construction, and so construing it we think it does not reach the case before us. In the instant
It follows that the first question certified must be answered in the affirmative, and the second and third in the negative.
By the Court. — It is so ordered.