State v. Hartfiel, 24 Wis. 60

State v. Hartfiel

24 Wis. 60

Wis.

1869

Check Treatment

Dixow, C. J.

The authorities cited by the assistant attoney general seem to leave no doubt as to the disposition which ought to be made of this case. The words “knowingly” or “willfully,” or other words of equivalent import, are omitted from the statute, and the offense is mаde to consist solely in the fact of a sale of intoxicating liquors or drinks to a minor. ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍Laws of 1867, ch. 128, § 1. The authorities cited arе to the effect that, where a statute commands that an act be done or omitted, which, in the absence of such stаtute, might have been done or omitted without culpability, ignorance of the fact, or state of things contemplated by the statute, will not excuse its violation. 3 Greеnl. Ev. § 21; Barnes v. The State, 19 Conn. 398; Commonwealth v. Marsh, 7 Met. 472; Commonwealth v. Boynton, 2 Allen, 160; Commonwealth v. Barren, 9 id. 489; Commonwealth v. Waite, 11 id. 264; Commonwealth v. Raymond, 97 Mass. 467; Commonwealth v. Elwell, 2 Met. 190.

Of this nature, as observed by Professor GpjseNxeab, are many fiscal, policе and other laws and regulations, for the ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍mere violation of which, irrespective of the motives or knowledge of the рarty, certain penalties are enacted : *62for the law, in these casеs, seems to bind the party to know the faсts, and to obey the law at his peril. The аct in question is a police regulation, and we have no doubt that the legislature intended to inflict the penalty, irrespеctive of the knowledge or motives of the person who has violated its prоvisions. Indeed, if this were not so, it is plain that the statute might be violated times without ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍number, with no рossibility of convicting offenders, and so it would become a dead letter on the statute book, and the evil aimed at by thе legislature remain almost wholly untouchеd. To guard against such results, the legislature has, Jn effect, provided that the saloоn keeper, or other vendór of intoxicating liquors or drinks, must know the facts — must know that the person to .whom he sells is a qualified drinlcer, within the meaning оf the statute ; and, if not, he acts ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍at his pеril in disobeying the requirements of the law.

By the Court — -We answer that there was no error in the instructiоn given to the jury upon the point in question, аnd for an opinion upon which the ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍cаuse has been certified up to this court; and we advise the circuit court to proceed to render such judgment as the law requires.