HILLSIDE TRANSIT CO. v. LARSON


265 Wis. 568 (1954)

HILLSIDE TRANSIT COMPANY and others, Respondents, vs. LARSON, Commissioner, Appellant.

Supreme Court of Wisconsin.

February 2, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General and Harold H. Persons and E. Weston Wood, assistant attorneys general, and oral argument by Mr. Persons and Mr. Wood.

For the respondents there was a brief and oral argument by Claude J. Jasper and Clifford G. Mathys, both of Madison.

A brief was filed by Louis L. Croy of Manitowoc, attorney, and Douglas W. Milsap of Shawano of counsel, for the Wisconsin Fluid Dairy Products Haulers, Badger Consolidated Co-operative, and Western Condensing Company, as amici curiae.

A brief was filed by Wilcox & Sullivan of Eau Claire, for the Briggs Transfer Company, as amicus curiae.


CURRIE, J.

The gravamen of the charge of unconstitutionality leveled against secs. 194.47 to 194.49, Stats. 1951, subjecting the plaintiff motor carriers to the payment of tonmile taxes is that such statutes violate the equal-protection-of-the-law clauses of the Wisconsin constitution and the Fourteenth amendment to the United States constitution.

The constitutionality of the ton-mile tax as enacted by ch. 454, Laws of 1931, was unsuccessfully challenged before...

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