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MILWAUKEE v. MILWAUKEE AMUSEMENT, INC.

22 Wis.2d 240 (1963)

CITY OF MILWAUKEE, Respondent, v. MILWAUKEE AMUSEMENT, INC., Appellant.

Supreme Court of Wisconsin.

January 7, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Michael D. Preston of Milwaukee.

For the respondent there was a brief by John J. Fleming, city attorney, and Maurice L. Markey, Harvey G. Odenbrett, and Patrick J. Madden, assistant city attorneys, and oral argument by Mr. Markey and Mr. Madden.

CURRIE, C. J.

These issues are presented by this appeal:

(1) Is the pinball machine herein involved a gambling device within the provisions of the ordinance?

(2) Is the ordinance invalid as going beyond the delegable power authorized by sec. 66.051, Stats.?

(3) Is the ordinance so broad in scope that it constitutes an unreasonable exercise of the police power in violation of the due-process clause of the Fourteenth amendment to the United States...

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