The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1903-02-26
States Attorney General Holds That
Election Law Will Effect the EIec-
ton OF County Supervisors.
HOLD OFFICE FOR TWO YEARS.
Under the New Law These Offices Must be
ors Elected Biennally with Aldermen

OF county DOdrOS OF supervisors In
cities of the second, third and fourth
classes this spring if the unofficial
opinion of Attorney General Sturde-
want, given in response to numerous
inquiries, is followed as the intent of
the law passed by the Legislature two
years ago, providing that in cities of
these three classes the terms of all
city officers thereafter chosen by the
electors, excepting aldermen in cities
governed by special charters, shall be
two years.
The point upon which the attorney
general decides that members of county
boards of supervisors chosen to repre-
sent cities of these three classes shall
not be elected this spring, coming
within the terms of the recently en-
city officers.
The law effects every incorporated
or chartered city in the State except
ing Milwaukee, that being the only
city of the first class. In some coun-
ties, however, the members Of the
county board have hitherto been elect
ed so as to hold their Office fox two
years, consequently in these cases the
new law will make no change.
The attorney general has received
since the opening of the present year
a large number of inquiries as to
whether or not the law providing for
two-year tenure of Office by city Of
fcials of cities of the second, third
and fourth classes applied to super
visors. The first inquiry of this kind
came from Marinette, and the answer
thereto contains the reason on which
the opinion holds that supervisors are
city officials. An answer of At
torney General Sturdevant to COM
munication on this point is as follows:
This presents a question concern
ing which this Office should not give
an unofficial opinion. In unofficial
matters, many of which come to this
Office from all over the State, I feel
that the attorney general should not
do more at least than answer as an in
dividual, and perhaps should give no
opinion at all. However, as a matter
of personal courtesy to you, state to
you unoficially my views on your
question.
"Section 925-1 divides cities under
the general law and also under special
charter into four classes. Your city,
under that classification, is in class
four. Chapter 443, laws of 1901, desig
mates that in the second, third and
fourth classes of cities, the term of
Office of all city officers hereafter
chosen by the electors, excepting alder
men in cities governed by special
charter, shall be for two years, etc. 1t
is further provided therein that all
conflicting acts are repealed.
ut seems to me that they are such
members of the county board by virtue
of their city offices. They are at least
designated as city officers under section
925-23, aforesaid. Chapter 40, of the
statutes of 1898. was first enacted in
1889 (see chapter 326, laws of 1882. So
it appears that supervisors are desig-
mated to be city officers in statutes en-
acted long since the aforesaid supreme
court decision. So it seems to me that
the legislative intent was the law of
1901 should apply to all city officers ex-
cept aldermen IN cities governed by
special charter. If supervisor is a
city officer, do not believe there can
be any question about it. The excep-
tion that is made, to-wit, except alder
men,, is plain and unqualified, and
seems to be exclusive of any other ex-
ception. Special charter cities are dis.
tinct1y mentioned therein; yet alder
mem is the only exception made by
the Legislature. If cities under special
charter were not classified into first,
second, third and fourth classes, then
it might appear that the Legislature
did not mean to include them as we'll,
but section 925-1 classified special
charter cities the same as other cities"