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STATE EX REL. THOMSON v. GIESSEL

265 Wis. 558 (1953)

STATE EX REL. THOMSON, Attorney General, Petitioner, vs. GIESSEL, Director of Department of Budget and Accounts, Respondent. [Teachers' Retirement Case.]

Supreme Court of Wisconsin.

December 30, 1953.

Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by the Attorney General and Stewart G. Honeck, deputy attorney general.

For the respondent there were briefs by E. L. Wingert, special counsel, and Stroud, Stebbins, Wingert & Stroud of counsel, all of Madison, and oral argument by E. L. Wingert.

A brief was filed by Toebaas, Hart, Kraege & Jackman of Madison, for the Wisconsin Education Association as amicus curiae.

GEHL, J.

Ch. 434, Laws of 1953, provides as follows:

"Section 1. 20.26 of the statutes is created to read:

"20.26 State superintendent; emergency substitute teachers. There is appropriated from the general fund to the state superintendent a sum sufficient for the biennium 1953-1955 for the administration of his functions under sec. 39.35 and for making the payments provided for therein.

"Section...

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