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MILWAUKEE v. MILWAUKEE & S. T. CORP.

6 Wis.2d 299 (1959)

CITY OF MILWAUKEE, Respondent, v. MILWAUKEE & SUBURBAN TRANSPORT CORPORATION, Appellant.

Supreme Court of Wisconsin.

February 3, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott & Clemons, attorneys, and Lester S. Clemons and Arthur H. Laun, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Lester S. Clemons and Mr. Laun.

For the respondent there was a brief by Walter J. Mattison, city attorney, and Harry G. Slater, deputy city attorney, and oral argument by Mr. Slater.

MARTIN, C. J.

The question is whether or not the "license fees" exacted under these ordinances constitute a tax for revenue or a charge for regulation or a contract. It is undisputed that at the time the ordinances were adopted the city had authority to tax the company for revenue as well as for regulatory purposes.

As stated in Wisconsin Telephone Co. v. Milwaukee (1905), 126 Wis. 1, 13, 104 N. W. 1009, where the power to license exists, a reasonable...

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