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DE PERE v. PUBLIC SERVICE COMM.

266 Wis. 319 (1954)

CITY OF DE PERE, Respondent, vs. PUBLIC SERVICE COMMISSION, Appellant.

Supreme Court of Wisconsin.

April 6, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General and William E. Torkelson, chief counsel for the Public Service Commission, and oral argument by Mr. Torkelson.

For the respondent there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by J. Robert Kaftan.

FAIRCHILD, C. J.

Respondent, city of De Pere, assumes that the charge in question of $1.25 a front foot imposed, in addition to a tapping charge, upon all property owners desiring to make new connections to a main for which they have not paid or for which they have not paid a special assessment, is a tax or an assessment. "Taxes," it was said in Fitch v. Wisconsin Tax Comm. 201 Wis. 383, 387, 230 N. W. 37, "are the enforced proportional contributions

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