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TREMPEALEAU COUNTY v. STATE

260 Wis. 602 (1952)

TREMPEALEAU COUNTY, Appellant, vs. THE STATE, Respondent.

Supreme Court of Wisconsin.

February 5, 1952.

Attorney(s) appearing for the Case

For the appellant there were briefs by John C. Quinn, district attorney, and Fugina, Kostner, Quinn & Ward of Arcadia, special counsel, and Nieman, Bosard & Arthur of Minneapolis, Minnesota, of counsel, and oral argument by Mr. Quinn and Mr. Charles W. Nieman.

For the respondent there was a brief by the Attorney General and Roy G. Tulane, assistant attorney general, and oral argument by Mr. Tulane.

GEHL, J.

The clerk in collecting the fees was the agent of the state and in no sense acting for the county in the collection and handling of the fees. That appears clearly from the provisions of pertinent statutes. There is nothing in the statutes to indicate that it was intended that the counties should participate in any of the transactions involving the issuance of the licenses or the collection and remittance of the fees collected therefor. Sec. 29.09 (2), Stats...

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