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STATE EX REL. COMRS. OF PUB. LANDS v. ANDERSON

No. 229.

56 Wis.2d 666 (1973)

203 N.W.2d 84

STATE EX REL. COMMISSIONERS OF PUBLIC LANDS, Appellant, v. ANDERSON, County Treasurer of Kenosha County, Respondent.

Supreme Court of Wisconsin.

Decided January 3, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was argued by LeRoy L. Dalton, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

For the respondent there was a brief by Willard S. Stafford and Stafford, Rosenbaum, Rieser & Hansen, attorneys, and Robert Horowitz of counsel, all of Madison, and oral argument by Willard S. Stafford.

HALLOWS, C. J.

This appeal raises the question of whether the legislature may define "clear proceeds" as used in art. X, sec. 2, of the Wisconsin Constitution, and whether sec. 59.20 (8), Stats., is a valid declaration of clear proceeds.

The constitution provides the clear proceeds of all fines collected in the counties for breaches of the penal laws shall be set apart as a separate "school fund."

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