that increased license fee cannot be charged for a license. issued subsequent to the election increasing the license fee for a license that expires on the subsequent first day of July.

In an official opinion, dated March 31, 1913, I held that a license issued subsequent to an election in favor of license, but before the beginning of the new license year, could not be granted in a town that had been previously dry. The reasoning in said opinion also applies to the question submitted by you. You are, therefore, advised that the license fee which should be charged for the license in question is $200.

Public Officers-Coroner-District Attorney-Salaries-A change in salaries of the coner and district attorney at an April meeting of the county board in year when such officers are elected is invalid and salaries remain unchanged.

C. J. TE SElle,

District Attorney,

Antigo, Wisconsin.

January 27, 1915.

In your communication of January 25th you state that the county board of your county, at a meeting in April, 1914, changed the salaries of the coroner and district attornet; that the salary of the coroner was lowered and that of the district attorney was ra'sed. You refer me to sec. 694, statutes, and state that the change n salaries was made in April before the new officers were elected or had their papers circulated for the primary. You inquire whether the county board has authority to change such salaries at an April meeting.

Said sec. 694 provides in part as follows:

"1. The county board at their annual meeting shall fix the amount of salary wh ch shall be received by ebery county officer, including county udge, who is to be elected in the county dur ng the ensuing year, and is entitled to

receive a salary payable out of the county treasury, and the salary so fixed shall not be increased or diminished during his term of office.

"2. All salaries, the amounts whereof have heretofore been fixed by such board or established by law, shall be and remain the salaries of such officers until the county board shall fix the amounts thereof in accordance w th this section, and when such amounts are once so fixed they shall be and remain the salaries of such officers until changed by the county board."

In the case of Hull v. Winnebago County, 54 Wis. 291, it appeared that the salary of the county treasurer was. lowered from $1,400 to $1,100 at an adjourned meeting of the November session, which adjourned meeting was held on the 12th day of March of the year in which the county treasurer was elected. The court held that this could be done at an adjourned meeting of the November session of the county board. Speaking of this statute the court said:

"It is quite c ear that the statute contemplates that the power shall be exercised at a period remote from the time when such officers were to be chosen, in order to prevent the influence of partisan bias or personal feeling on the part of members of the board in fixing the salary. And, furthermore, it was probably deemed desirable that candidates for iffice should know precisely what compensation was attached to the office. Hence the statute provided that the board should fix, at its annual meeting, the amount of annual salary which each county officer should receive." (p. 293.)

The court further said:

"It is said that the words 'encuing year' in the sentence have reference to the officer to be elected, and means one who is chosen the next year after the salary is fixed. We must presume the legislature enacted the statute in view of the notorious fact that the entire business of county boards was usually completed in a few weeks; generally before the close of the year. This accounts for the language used in the statute. But if for any reason the annual session was continued until after the first of January, the board might change the salary at an adjourned meeting, and have the change apply to officers chosen at the following fall election. We do not think this construction does violence to the statute.' (p. 294.)

You do not atate in your letter whether the meeting held by your county board in April was an adjourned session of the county board. I assume in this opinion that it was not. I believe that the salaries of the county officers who were elected in the year 1914 could not be changed at a meeting of the county board held during the year 1914 which was not an adjourned meeting. In contemplation of this statute those salaries should have been changed at the November session of the county board held in the year 1913, and if said session had been adjourned, for any reason, to any time during the year 1914 before the nomination and election of the county officers, such change, under the above quoted case of Hull v. Winnebago County, would be legal.

You are, therefore, advised that the change in salaries of the coroner and the district attorney of your county by the county board, at a meeting held in April, 1914, is invalid, and that the salaries, as theretofore existing, are still in effect.

Intoxicating Liquors License-Town boards may issue licenses in towns where question of license or no license has not been voted on.

Prosecutions for illegal sale of liquor in dry towns must be under sec. 1565c.

CLIVE J. STRANG,

District Attorney,

Grantsburg, Wisconsin.

January 30, 1915.

In your letter of January 29th you stte that there are in Burnett County three classes of towns. Some towns have voted some years past on the question of "license" or "no license" and "no license" has won. Some voted last spring and "no license" won and the rest of the towns have never voted on the question. You inquire whether you can prosecute in those towns that have never voted on the license question under sec. 1550 or under sec. 1565c. You

say the question arises because you understand that no license can be procured in a town that has never voted on the question.

This is erroneous. In all towns where the question of "license" or "no license" has never been voted upon the rown boards have the right to issue license if they so desire. Section 1548 provides:

"1. Each town board, vil age board, and common councl may grant icenses under the conditions and restrictions in this chapter contained, to such person as they deem proper to keep groceries, saloons or other places within their respective towns, villages or cities for the sale of strong, spirituous, malt, ardent or intoxicating liquors.'

Under sections 1565a to 1565c, inclusive, the electors of each town are authorized to vote on the question of "license" or "no license" and in case the result of the election is in favor of "no license," then a penalty is provided for, and in all cases where liquor is sold without a license in violation of said law, the prosecution must be brought under sec. 1565c, but in a town where the question has never been voted upon the prosecution must be brought under sec. 1550.

Elections Nominations-Judicial elections in Milwaukee County Number of signatures required to nomination

papers.

February 1, 1915.

WINFRED C. ZABEL,

District Attorney,

Milwaukee, Wis.

In your communication of Jan. 29th, you refer to ch. 9, Laws of 1911, under which the civil courts of Milwaukee county were divided into branches numbered 1 to 7, and each civil judge was assigned to and designated as a judge of a branch thereof; that the judges of three branches of the said court are to be elected at the coming judicial primary; that the three judges, for whom nominations are to be made at the coming primary, were elected in 1910 in the manner provided in sec. 6, ch. 549, Laws of 1909, creating the civil court; that at that election there were thirty-six candidates, and the seven highest were declared elected judges of said court, but not of any particular branch thereof.