Watchmaking Examining Board v. Husar
Wisconsin Supreme Court
49 Wis. 2d 526, 182 N.W.2d 257 (1971)
- Written by Tammy Boggs, JD
Facts
Using its police power, the Wisconsin legislature enacted a statute with provisions that regulated and required certification to engage in the trade of watchmaking (the statute). Requirements included possession of good moral character, passing an examination during which the applicant would repair a watch, and completing a four-year apprenticeship. The statute authorized the Watchmaking Examining Board (the board) (plaintiff) to administer the statute and make implementing rules as needed. The board sued Lyle Husar (defendant) to stop Husar from engaging in uncertified watchmaking. Husar admitted that he was an uncertified watchmaker but challenged the statute’s validity. The trial court found that the legislature was not authorized to use its police power to enact the statute, resulting in an unconstitutional deprivation of Husar’s property. The board appealed.
Rule of Law
Issue
Holding and Reasoning (Heffernan, J.)
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