State Ex Rel. La Follette v. Reuter

153 N.W.2d 49, 36 Wis. 2d 96, 1967 Wisc. LEXIS 999
Wisconsin Supreme Court·Decided October 3, 1967·Published·Cited by 44 cases

Opinions

Hansen, J.

The attorney general seeks a peremptory writ of mandamus to compel the respondent to honor a $75.64 voucher and requisition. We deem the prayer for declaratory judgment on the questions raised of constitutionality to be determinative of all issues to be considered by this court.

The issues are as follows:

(1) Do secs. 84.40-84.42, Stats., constitute classification prohibited by art. I, sec. 1, Wisconsin constitution, and do they deny equal protection of the law to the citizenry of Wisconsin ?

(2) Does sec. 84.42, Stats., violate art. IV, sec. 31, Wisconsin constitution, in that it constitutes a special or private law ?

(3) Does sec. 84.40, Stats., violate art. VIII, sec. 2, Wisconsin constitution, in that it authorizes payment of state funds for purposes that do not pertain to matters of statewide public interest or public purpose ?

(4) Do secs. 84.40 and 84.41, Stats., violate art. VIII, sec. 3, Wisconsin constitution, in that they give or lend credit of the state?

(5) Do secs. 84.40 and 84.41, Stats., violate art. VIII, sec. 4, or art. VIII, sec. 10, Wisconsin constitution, in that they authorize the creation of a public debt, or in that they provide for expenditure of public moneys on private highways ?

First issue — Does the act constitute classification prohibited by the constitution, and does it deny equal protection of the law to the citizenry of Wisconsin?

[109]*109It has long been established that there is a basic and strong presumption supporting the constitutionality of any classification made by the legislature. This principle is well enunciated in Servonitz v. State (1907), 133 Wis. 231, 239, 113 N. W. 277:

“In considering the subject we must bear in mind that the policy of classification is a matter wholly within legislative discretion, and that whether there is room for the classification made in any given case is primarily a legislative question and can never become a judicial one except for the purpose of determining, in any given situation, whether legislative action passed the boundaries of reason, reasonable doubts to be resolved in the negative.”

This court further considered the matter of legislative classification in Kiley v. Chicago, M. & St. P. Ry. (1910), 142 Wis. 154, 159, 125 N. W. 464:

“As to the provision exempting shop and office employees from the operations of the act, a different question arises. This is undoubtedly classification, or rather subclassification, of employees. Subclassification of a class is entirely permissible, but, like all other classification, it must be based upon real distinctions germane to the purpose of the law and suggesting at least the propriety of substantial difference in legislation. On the other hand, the question whether there is room or necessity for classification is one resting primarily with the legislature, and no court is justified in declaring classification baseless unless it can say without doubt that no one could reasonably conclude that there is any substantied difference justifying different legislative treatment. State v. Evans, 130 Wis. 381, 110 N. W. 241; Servonitz v. State, 133 Wis. 231, 113 N. W. 277. Nor is classification to be condemned by the courts because the situation of certain individuals in one class may not differ materially from the situation of certain individuals in another class. Such is frequently the case. It is the class, considered broadly as a class, which must possess the distinguishing differences of situation calling for differ[110]*110ent legislation, not every individual in the class.” (Emphasis added.)

Later certain standards were enumerated in State ex rel. Ford Hopkins Co. v. Mayor (1937), 226 Wis. 215, 222, 276 N. W. 311. These standards are as follows:

“(1) All classification must be based upon substantial distinctions which make one class really different from another.
“(2) The classification adopted must be germane to the purpose of the law.
“(3) The classification must not be based upon existing circumstances only.
“ (4) To whatever class a law may apply, it must apply equally to each member thereof.
“Johnson v. Milwaukee, 88 Wis. 383, 390, 60 N. W. 270.
“In State ex rel. Risch v. Trustees, 121 Wis. 44, 54, 98 N. W. 954, 957, the same general rules are held essential for a constitutional classification, with the following addition to No. (3) :
“ ‘It must not be so constituted as to preclude addition to the numbers included within a class.’
“And by adding a fifth rule, as follows:
“‘(5) That the characteristics of each class should be so far different from those of other classes as to reasonably suggest at least the propriety, having regard to the public good, of substantially different legislation.’ ”

Respondent urges that sec. 84.42, Stats., is constitutionally violative to all five standards set forth in Ford Hopkins, supra. We do not agree with this contention. As recently as State ex rel. Sonneborn v. Sylvester (1965), 26 Wis. 2d 43, 132 N. W. 2d 249, it was held that art. I, sec. 1, Wisconsin constitution, is the equivalent of the equal-protection clause of the fourteenth amendment of the United States constitution, and that generally they are considered to apply to laws and ordinances that regulate persons or businesses. The standard of reasonableness referred to in Ford Hopkins, supra; Servonitz v. State, supra; Kiley v. Chicago, M. & St. P. Ry., [111]*111supra; is to be utilized in conjunction with the basic requirements for classification. Thus when the presumption of constitutional validity is combined with the standards of classification, it follows that the presumption is superimposed upon the standards so that to declare an act of the legislature as to a classification violative of the equal-protection clause, it is first necessary to prove that the legislature has abused its discretion beyond a reasonable doubt.

In State ex rel. Baer v. Milwaukee (1967), 33 Wis. 2d 624, 633, 148 N. W. 2d 21 (considering a city ordinance case), this court referred to the standards of classification as promulgated in Ford Hopkins, supra, and stated:

“Before appellant can avail himself of these rules to challenge any distinctions among classes of recreation or classes of pool halls, he again must overcome a presumption that the classifications are reasonable and proper. . . ."

The strong presumption as to the validity of the classification has not been overcome and the statutes do not violate art. I, sec. 1, of the Wisconsin constitution.

Second issue — Do these statutes violate art. IV, see. 31, of the Wisconsin constitution, in that they constitute a special or a private law ?

Art. IV, sec. 31, Wisconsin constitution, provides:

“The legislature is prohibited from enacting any special or private laws in the following cases.
". . .
“2d.

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State Ex Rel. La Follette v. Reuter, 153 N.W.2d 49, 36 Wis. 2d 96, 1967 Wisc. LEXIS 999 (Wis. 1967).

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