Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1883-03-29
Jones vs. Kolb ct al.
EFiled Dec. II 1882 ]

meeting.
Appeal from order sustaining demurrer TO
complaint. action to determine the question
Of the right OF an eieetor OF the village OF West
Depere TO vote at a town meeting in the town Of
Depere. for town officers.
Held, that an eleetor of village incorporated
under CHI 40. X 5. 1873, II not entitled 10 vote at
the town meeting in the town from which il was
taken.
Appeal from Circuit Court, Brown
County.
yroman & Sale for App, II. r.
Jones.
w J. Lander for Resp, Peter Kolb,
Adam Dohn and Henry Boremen.
TAYLOR, j. This action is brought
to determine the question of the right
of an elector of the village of West
Depere To vote at town meeting in
the town of Depere. for town officers.
The complaint shows that said village
was originally a part of said town.
For the purposes of this appeal we
shall take it for granted that by the
proceedings set out in the complaint,
the original village of West Depere,
which was organized under special
act of the legislature passed in 1857,
was duly incorporated as n village
under the provisions of sec S52 X. S.,
1873. Treating the village of West
Depere as village duly Incorporated
under the provisions of CHI. 40 r. S.
1873, the question to be determined on
this appeal is this: rs resident and
elector of said village authorized to
vote for town officers at the town
meetings of the town within the limits
of which the territory now composing
the village was formerly situated"
This question, we think, must be
answered in the negative. We think
it was the undoubted intention of the
legislature in enacting CHI. 40 X. s.,
1878, prescribing the manner of organ
izing villages within this state, and
defining the powers, duties and priyi-
leges which such villages, SO organized,
should have, exercise and enjoy, that
when SO organized they should be sep
arate and Independent municipal cor
porations. Sec. 85i declared that
"Any part of a town or towns. not
less than one square mile in area. and
not included in any village, and lying
in the same county, which shall con-
tain resident population of at least
five hundred persons, and not less than
three hundred persons to every square
mile thereof, may upon compliance
with the conditions of this chapter, be-
come incorporated as a village by such
name as shall be designated in the order
of the court for its incorporation, with
the ordinary powers of municipal
corporation and such as are conferred
by those statues A village organ
lied under CHI. 40 Il. S., is authorized to
elect all the officers necessary for the
administration of its local affairs as
fully rs any town in the state, except
an assessor. 1t has a supervisor to rep
sent it in the county board, u
president and board of trustees
with the ordinary powers of a board
of supervisors in the town and many
other persons not delegated to such
town board, and clerk to record the
proceedings of the board and take care
of its record. 1t has justice of the
peace and u police justice to admins
ter Justice within its limits; a consta-
BILE and marshal to execute the pro
cesses of its local courts, and a village
attorney to prosecute actions in behalf
of the village and defend the village in
actions brought against it; one or more
commissioners to look after and keep
in repairs its streets, and treasurer to
keep and disburse its funds. 1t is clear
we think, that secs. 900, $40 and Oil,
as amended by CHI. los. l.. 1881, pro-
hibit the town within whose limits the
the territory comprising the village
may have been, from levying tax
upon the village property for the pur-
pose of improving the streets therein.
The village is liable for damages oc-
casioned by any defect in It's streets
the same as towns for the defects of
highways within its limits, and the
town is expressly exempted from La
bilty for the defects in village streets
The only right retained by the town,
or duty imposed on it, is to build the
bridges within the village, and for the
purpose of building such bridges it
may have the right to raise tax upon
all the property of the town and village;
but this fact does not seem to be suffi-
cient to uphold the claim of the clector
of the village to vote for the officers
of The town. The villages organized
under said Oh. 40 are in many places
in the statutes recognized as munich
palities, separate and independent of
the town in which they are situated.
When highways are to be laid out on
the line of such village and the adj
joining town, the same proceedings are
to be taken as if the same were laid out
on the line of two adjoining towns. Sec.
1874 r. S. High schools may be estab-
lished therein the same as in towns.
See. 400 r. 5. General elections for
state and county officers must be held
in such villages. Secs. ID, II and 10
r. S. These sections were amended
by the revised statutes of 1873, to cor
respond with the other provisions of
law authorizing the incorporation OF
villages and at the last election a
constitutional amendment was adopted
authorizing the legislature to require
the registration of electors in villages
as well as cities, 1t is true that in see.
26, r. S. 1878 the following language
is used: ''The mayor of every city and
the president of every village, except
such cities and villages as are joined
TO towns for state and county elections,
shall nominate" etc. We think it
very clear that this exception was not
intended to include villages organized
under oh. 40, K. S. The fact that the
exception includes cities as well as
villages, clearly shows that it is in
tended to apply to such villages as
were incorporated by special acts, and
by virtue of the provisions of such acts
were joined to towns for state and
county elections.
For the purposes of the determine
ton of the rights of the residents OF
villages organized under CHI. 40, Il. S.
1873, it may be admitted that villages
organized under CHI. 20, II. s., 1858, be-
fore the enactment of the r. 5. of 1878,
retained the right to vote at town elec.
tons. Under CHI. 20 X. S. 1858, no
village officers were elected except the
president and trustees and an assessor,
and the board were authorized to elect
clerk. treasurer and marshal. See
sees. IL and 10, CHI 20, K. S. 1858.
The village remained part of the
town for highway purposes, and the
town was expressly authorized to levy
highway taxes on the property of the
village, and include the village in one
or more road districts. See sec. 20 OF
said chapter There was no provision
in that chapter making the village La
Bile for the damages occasioned by the
defects or want of repair of its streets.
Sec, IL of said oh. 20, in defining the
qualification of an elector at village
election, says: Every person residing
therein Chat is, in the yiIlage) quail
fled to vote for town officers in the