SUPREME COURT RULES AGAINST TAX EMPLOYES
Supreme Court Rules Against Tax Employes Hopes of 60 Employes Are Dashed in Test Case Hopes of approximately eight discharged employes ol the state department of taxation for reinstatement were...
...Agnes Skogstad, Eau Claire, Oscar A. Stevenson, Sparta...
...Rose Reuter, Fond du Lac...
...Reba Lucas, Mrs...
...Bieberstein interpreted "civil service lists" to mean reinstatement lists on which all the discharged employes are automatically placed...
...Bemice A. Kumath, Ernst T. Marker...
...30: From Madison—Mrs...
...Violet Egre, Mrs...
...Esther Anderson, Norma Anderson, and Lila Arthur...
...Separated From Service "The tax commission having been completely abolished, its employes were by that act separated from the state service and were not connected with the state civil service until they were re-employed by the new department of taxation or in some other department of the state government pursuant to law and rules of the civil service commission...
...Green Bay—Nora Bender, Mrs...
...Helen K. Pilger...
...We reached the conclusion that section 6 (part of the new law) should be so construed as to give the department of taxation a choice as to its personnel which might be taken from the former employes of the tax commission or from 'eligible civil service lists' which means the lists certified to it as the result of examinations," the opinion said...
...Hazel Nyberg, Mrs...
...She was continued in the service of the state, she received her compensation and It does not appear that she was in any w:ay injured or her rights in any way impaired by the failure of the commissioner to notify her he was postponing his decision as to her status...
...Bernice J. Stonek, Andrew O. Voigt...
...Thus court has nothing whatever to say with respect to the policy of the law...
...E. T. Ach-tor, Ennis Cleveland, Mrs...
...Commenting on the contention that Barlow took a longer time than was necessary to reorganize the department and thus the employes should have been retained since more than six months had elapsed...
...Lauretta Campbell, Mrs...
...Ethel Hanson, Ruth M. Haseltine, Mrs...
...Dorothy Dor-soy, Alan Galbraith and Mrs...
...Supreme Court Rules Against Tax Employes Hopes of 60 Employes Are Dashed in Test Case Hopes of approximately eight discharged employes ol the state department of taxation for reinstatement were dashed laM -rl: wlvn the state supreme court in an unanimous decision held that Elmer E. Barlow, tax commissioner, acted within tne law in discharging employes...
...Elmer Salow, Harvey Sims...
...and Charles A. Williams, Elkhorn...
...Martin Roum, Mrs...
...Alfred Howe, Manitowoc...
...All questions of public policy are primarily for the legislature as this court has held many times...
...the court reversed an order by Circuit Judge A. C. Hoppmann refusing to quash a court action started by Esther Anderson, Milwaukee, and eight other discharged employes, to force Barlow to reinstate them...
...No facts or circumstances are alleged In the petition which show- that the time he took was an unreasonable time...
...Eleanor M. Shannon and Mrs...
...Phillips...
...Aldro Jenks...
...Minnie Klumb, Helen A. Kotecki, Edward Kuhlman, Mrs...
...William H. Lippels...
...Frieda Fine...
...Alice G. Dally, George M. Duffy, Annette M. Guenther, Mrs...
...Ann Smrdina, Wausau...
...Erwin T. Riedel...
...From Milwaukee—Mrs...
...Mary B. Braa-ten, Mrs...
...The high court made a different interpretation...
...We see no grounds upon which the respondent may complain of the failure of the tax commission to notify her that he was not making a selection...
...Here's Employe List Following are the list of employees of the tax department who were discharged Mar...
...While he i Barlow) made it clear to the director of the bureau of personnel that he was making no choice, he did not inform the respondent Anderson of that fact...
...Leona E, Preston, Eau Claire...
...Racine—Mrs...
...Veronica Murphy...
...Elmer Chrislensen, Wisconsin Rapids...
...Eleanor Janicki, Mrs...
...Anna B. Norton: Others—Wilhelm D. Bystrom, Ashland...
...In a decision written by Chlel Justice Marvin B. Rosenbcrry...
...A. J. Bieberstein...
...Rosenberry said: "It must have been within the contemplation of the legislature that he would have a reasonable time in which to familiarize himself with the w:ork of the department, the efficiency of its employes, the needs of the service and other considerations which would affect the reoinja nidation of the department as contemplated by the act...
...Glady„ Jorgenson, Fond du Lac...
...Wau-sau...
...No Contract Right" In reply to the contention that employes who have attained civil service status must be regarded as having acquired a property right which could not be taken away by the whim of a legislature or of a department head, the decision said: "Rights under the civil service law are conferred by act of the legislature...
...Agnes Holmes...
...What the legislature may give it may take away...
...Superior...
...Florence L. Wenzel and Mrs...
...Helen G. May, Mrs...
...In this country, there is no vested or contract right for an office...
...Merrill Scheil, William Shoaid, Esther Stein, R. A. Tredinnick, and Mrs...
...Madison, counsel I'oi the employes, had held that the new law creating the department of taxation provided that Barlow should select his personnel from the employes of the old tax commission or from eligible civil service lists...
...Joan J. Milbrandt, Eau Claire: Ami Muellen-bach, Wisconsin Rapids...
...Eau Claire...
...Romainc E. Hoye, Mrs...
...Wausau...
...Ethan A. Clea.sby...
...Atty...
...This was a tost case in which the Wisconsin State Employes association also took part on behalf of all the discharged employes...
...Emma Schulz, Jefferson ; Mrs...
...Lucile Meuret...
...He had under the act a reasonable time in which to reach a decision (as to which employes to retain...
...Ruth Vogel...
Vol. 10 • June 1940 • No. 24
