Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1899-07-20
WOOD COUNTY 70 PAY IN PART.
Judge Chas. NJ. Webb Hands Down Decision
Concerning Publication ofBanking Law.

Last February we appealed from the
decision Of the Wood county board in
refusing to allow our bill for publish
ing the banking law in connection
with the general election notice which
had been ordered published by the
county clerk. 1t was heard before
Judge Chas. NJ. Webb. June 10. At
the close OF the argument Judge
| Webb took it under adyiSement and
Tuesday rendered the following de-
cision:
A. L. Fontaine VS.. Wood County
Wood County Circuit Court-Appeal
from Order of County Board.
The plaintiff presented to the county
beard for allowance his verified bill,
amounting to $534.10 or thereaboutS,
being for the publication, twelve sue
ceSSiye weeks next preceding the No
vember general election of 1898. in the
Wood County Reporter, d weekly
newspaper, an election notice contain
ing, in addition to list of officers to
be voted for at said election. full
copy Of Chapter 303 Of the laws Of
1897, containing in all 120 fOliOS-such
charge being at the rate of 60 cents
| per folio for the first publication and
% cents per folio for each subsequent
! publication. The county board dis
allowed SO much Of said claim as is
for publishing said Chapter 303, as not
constituting a legal charge against
the county. From such order Of dis
allowance the plaintiff has appealed
| Chapter 303 aforesaid is, or was, a
proposed thanking law" passed by the
! legislature Of 1897, and by it's own
| terms directed to be submitted to the
! legal voters Of the state for their ap-
prOVal or diSapprOyal, to be voted
upon at the general election in No
yember, 1898. Such action of the
legislature was us is provided for by
Section s. Article II Of the cOnstitu-
| tiOn Of Wisconsin, which expressly
| requires a vote upon by, and the ap-
| prOval Of a majority Of, the electors
Of the state, before any law upon the
subject Of banks or banking shall be-
come effective. The secretary Of state
certified the said Chapter BOB (which
contained no direction as to the man.
ner Of its SubmiSSiOn) to the county
clerk on or about August l, 1898, as a
part of the general election notice
required to be furnished by him to
the several county clerks by Section
20 OF the Revised Statutes The |
county clerk made said Chapter 303 a
part Of the general election notice
required by him to be published by
Section p, Revised Statutes, and fur
nished the same to the plaintiff for
publication. The plaintiff published
it accordingly and charged the county
| therefor as above stated.
| 1t would seem to be a strange theory
Of public policy that would make the
adoption Of an important public |
statute dependent upon an affirmative
vote of majority of the electors of
| the state, to be cast at general cleo
tiOn without some provision being |
made which will enable the electors |
| to become informed aS to its terms
| before casting their votes upon the |
question. And such seems to be the
view which the legislature has taken
Of the subject. Sections 20 and q,
before referred to, are believed to have
no application whatever to the pend
ing case. Section 20 requires the
secretary of state, between July l and
September l Of any year in which a
general election is to be held, to trans
NIT to each county clerk ''nOtice in
writing" giving, among other things,
the officers (other than county Ot1icerS)
to be voted for at such ensuing gen
eral election. BY this it is meant that
q list of the offices to be filled at such
election (in the state at large, and in
congressional and legislative diStrictS)
shall be furnished by the secretary of
state to the several county clerks by a
| in mi On int nf
such 'notice in writing" by the sew
erai county clerks, Section p makes
it the duty OF each one lamOng other
thingS) "fOrthwith"-imm
"tO cause a notice containing so much
of the notice received by him as relates
to questions and officers to be rOted for
IN has county. to be published in at
least one newspaper published there
in" The statute does not say in
terms that such notice shall be pub
liShed more than once, but it would
seem to be intended that the publica-
tiOn should continue until the cleo
tiOn. But ''QuestiOnS" such as the
one presented by the submission of
said Chapter 303 to a vote of the
people constitute no part of the cleo
tiOn notices, nor either of them,
mentioned in said Sections 20 and p.
True, Section p directs the county
clerk to include in the notice to be
published by him 80 much of the
notice so rccejred by him as relates to
} qrestjons and officers to be voted for in
his county," but Section 20, which
preScribes and limits the contents and
scope of the notice 80 received by
the clerk does not authorize nor con-
template the mention therein of any
subject other than ''0ticeTS to be voted
for" The word ''QueStiOnS'' in Sec
tiOn p is probably there by oversight.
This will be more apparent as we con-
slider subsequent sections of the stat
uers. Section 32 requires certificates
of nomination for office to be filed as
follows: If for officers to be voted for
! throughout the state or any district
0 embracing more than one county,
/. with the secretary OF state, not less
than twenty days before the day Of
election at which such nOmineeS.are
: to be voted for. If for county officers,
- with the county clerk. not less than
fifteen days before such election.
Section So requires the secretary of
X state not less than fourteen days be-
: fore such election, to certify to the
I county clerk of each county the name
: and description of each person nomin-
:, ated for Office, as specified in the NOM
T ination papers filed in his office. Sec
tiOn So requires each county clerk, at
e least seUen days before any such cleo
: tion. to cause to be published in at
Y least tlc0 newspapers within his county
5 the denominations to office previously
e certified TO or filed with him: This