STATE EX REL. REYNOLDS v. DINGER


14 Wis.2d 193 (1961)

STATE EX REL. REYNOLDS, Attorney General, Plaintiff, v. DINGER and others (Wisconsin Real Estate Brokers' Board), Defendants.

Supreme Court of Wisconsin.

June 27, 1961.


Attorney(s) appearing for the Case

For the plaintiff there were briefs and oral argument by John W. Reynolds, attorney general, and Warren H. Resh, assistant attorney general, attorneys, and F. Trowbridge vom Baur of Washington, D. C., of counsel.

For the defendant Wisconsin Real Estate Brokers' Board there was a brief by Quarles, Herriott & Clemons, special counsel, attorneys, and Maxwell H. Herriott, L. S. Clemons, and David S. Ruder of counsel, all of Milwaukee, and oral argument by Mr. Herriott and Mr. Ruder.

For the defendant Wisconsin Association of Real Estate Brokers there was a brief and oral argument by E. L. Wingert of Madison.

A brief amicus curiae was filed by F. Trowbridge vom Baur of Washington, D. C., Wayland B. Cedarquist of Chicago, Illinois, Jonathan F. Ells of Winsted, Connecticut, Terrell Marshall of Little Rock, Arkansas, William L. Murphy of Los Angeles, California, Holcombe H. Perry of Albany, Georgia, Raymond Reisler of Brooklyn, New York, and Melvin F. Adler of Fort Worth, Texas, for the American Bar Association.

A brief amici curiae was filed by Joling & Hubbard of Kenosha, for the Kenosha County Bar Association, and Heft, Coates, Boggs & Heft of Racine, for the Racine County Bar Association.


BROWN, J.

In 1919 the legislature created the Real Estate Brokers' Board and charged it, among other things, with the supervision, regulation, and control of the business or occupation of real-estate brokers. This agency has the rule-making power "to effectuate the purpose of the statutes, but such rules are not valid if they exceed the bounds of correct interpretation." Sec. 227.014, Stats.

Under the ostensible...

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