19 Penalty. Penalty for member of common council accepting any vote or omission to vote or using his influence corruptly. Penalty for offering bribe to member of council. shall be removed from his office, and the same shall be declared vacant by the common council; and he shall be deemed guilty of felony, and on conviction thereof shall be punished by imprisonment in the state prison for not more than one year, or by a fine of not more than five thousand dollars nor less than five hundred dollars, or by both such fine and imprisonment, in the discretion of the court; provided, however, that the provisions of this section shall not be considered as applying to purchases in open market, nor to the performance of any work for the city, the cost of which shall not exceed the sum of two hundred dollars. As amended by Section 44, Chapter 144, Laws of 1875. SECTION 6. If any member of the common council, or other officer or agent of the city government, shall, consideration for directly or indirectly, accept or agree to accept or receive any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange, draft, order or certificate, or any security for the payment of money or goods or chattels, or any deed of writing containing a conveyance of land or conveying or transferring an interest in real estate, or any valuable contract in force or any other property or reward whatever, in consideration that such member of the common council, or other officer or agent, will vote affirmatively or negatively, or that he will not vote, or that he will use his interest and influence, on any question, ordinance, resolution, contract, or other matter or proceeding, pending before the common council, or on which such officer or agent may be called upon to decide or act in any particular manner, such member of the common council, officer, or agent, shall be removed from office and his office declared vacant by the common council; and both he and the person or persons offering or paying such consideration, directly or indirectly, shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the state prison for not more than three years nor less than one year, or by fine not exceeding five thousand dollars nor less than five hundred dollars, or by both such fine and imprisonment at the discretion of the court. Dismissal of appointed officers. SECTION 7. A majority of all the members elect of the common council shall have power to dismiss from office, for malfeasance in office in said city, any person elected or appointed to office in said city, except justices of the peace. And the common council shall provide by ordinance the manner of hearing and disposing of complaints against such officers. SECTION 8. Whenever any charges of official misconduct shall be preferred against any member of the common council of the city of Milwaukee, or any officer of said city, the common council shall appoint a committee to investigate such charges; and it shall be the duty of the committee as soon as practicable after their appointment, to investigate the matter of any charges which may have been so preferred, and report the results of their investigation to the said common council; and in case such committee shall deem it necessary or proper for the purposes of their investigation, they may examine witnesses on oath in relation to any such charges; and the several members of such committee are hereby authorized and empowered to administer oaths to witnesses to be examined for the purposes of such examination. NOTE. Only two proceedings in the nature of impeachment have been had under the above provision, viz; that against Garrett Dunck, the report of which will be found in the council proceedings for 1891-92, and that against Dr. Walter Kempster, now pending in the circuit court, being removed there on certiorari. 19 Investigation of charges against members of council or city officers. subpœnaed. SECTION 9. Subpoenas may be issued for the purpose Witnesses may be of procuring the attendance of witnesses before any committtee appointed pursuant to the preceding section. Each subpoena shall state when and where, and before whom, the witness is required to appear and testify, and may require such attendance forthwith, or on a future day named, and the production of books, records, documents and papers therein to be designated. All such subpoenas shall be signed by the city clerk of said city, and shall be issued under the seal of said city, and may be served in the same manner, and shall have the same force and effect as subpoenas issued out of the circuit court. Any willful or corrupt false swearing, by any witness or person giving testimony before such committee, or any member thereof, or making deposition to any material fact relating to the matter under investigation before such committee, shall be deemed guilty of perjury, and shall be punished as such, in the manner provided by law. The provisions of law in respect to the attachment False swearing, how punished. 19 ance of witnesses. of witnesses subpoenaed before justices of the peace, and Compelling attend compelling the attendance of such witnesses to appear and testify before them, are hereby applied to the case of witnesses subpoenaed before such committee, and such. committee may exercise the powers of arrest, fine and imprisonment for contempt, vested in the court in such cases. Writs of attachment and commitment for contempt, shall be signed by the chairman of such committee. Removal from office for making false certificates. SECTION 10. If any member of the common council or other officer or agent of the city government, or any person employed, appointed or confirmed by the common council, or appointed by any department of the city government, shall knowingly certify that any work has been done for said city, or any contract with said city has been completed in compliance with the terms thereof, when in fact such work had not been done, or said contract had not been completed, such member of the common council, officer or agent, shall be removed from office, and his office declared vacant, and no such officer, agent or employe, shall again be elected, appointed or employed by, or for the city of Milwaukee, to any office, place, or position whatever. Section 45, Chapter 144, Laws of 1875. Liability for dam ages to persons or property. SECTION 1. CHAPTER XX. MISCELLANEOUS. Whenever any injury shall happen to persons or property in the said city of Milwaukee, by reason of any defect or incumbrance of any street, sidewalk, alley or public ground, or from any other cause, for which the said city would be liable, and such defect, incumbrance, or other cause of such injury shall arise from, or be produced by the wrong, default or negligence of any person or corporation, such person or corporation so guilty of such wrong, default or negligence, shall be primarily liable for all damages for such injury; and the said city shall not be liable therefor until after all legal remedies shall have been exhausted to collect such damages from such person or corporation. The provision of this section holding the person or corporation guilty of wrong doing primarily liable, applies only when the default or negligence of such person or corporation was the sole cause of the injury. Papworth vs. Milwaukee, 64 Wis., 389. Chapter 471, laws of 1889, held to apply to injuries happening in a city, though not in terms an amendment of the charter thereof. Raymond vs. Sheboygan, 76 Wis., 335. (Chapter 332, laws of 1878, and Chapter 261, laws of 1882.) The remedy given by these acts is exclusive, and the filing of a proper statement or petition in the office of the city clerk is essential. These laws held amendatory of the charter of Milwaukee. Thompson vs. Milwaukee, 69 Wis., 492. The lot owner has a right to deposit excavated earth on the half of the street adjoining, provided the street is not improperly obstructed thereby, and that it is guarded by due precaution against accident; and further, that it be removed within a reasonable time. Hundhausen vs. Bond, 36 Wis., 29. See generally, Johnson vs. Milwaukee, 46 Wis., 568. A complaint which shows that no action against the party primarily liable was commenced until five and a half years after the injury, and states no facts to explain the delay, or to show whether the city, if held liable, would be injured by such delay, fails to state a cause of action against the city. McFarlane vs. Milwaukee, 51 Wis., 691. Ordinarily a city is liable for a nuisance where a private person would be. If it causes earth to be left or placed in a street unnecessarily, so as to obstruct the flow of water in the gutters, it will be liable to an adjoining lot owner who is injured by the overflow of water caused by such obstruction. Harper vs. Milwaukee, 30 Wis., 365. A person was injured by falling on ice formed on a sidewalk by reason of water pumped upon a street by a city fire-engine. Held, that the city was not liable, it not appearing the engine was not used for a lawful purpose. Cook vs. Milwaukee, 27 Wis., 191. If ice or snow is permitted to accumulate upon a sidewalk in such a rounded or uneven form that one using due care cannot walk over it without danger of falling, the municipality is liable to the person injured thereby. Otherwise, if the injury results from mere slipperiness, arising from the smooth surface of the ice or snow accumulated upon it. Cook vs. Milwaukee, 24 Wis., 270. Perkins vs. Fond du Lac, 34 Wis., 435. See, also, Kittredge vs. Milwaukee, 26 Wis., 46, and 20 20 When city primarily liable. A municipal corporation making improvements for the public. good, is not answerable for consequential damages produced thereby to property in the vicinity of such improvement, no part of which is taken or used therefor. Alexander vs. Milwaukee, 16 Wis., 264. The provisions of this section held valid, but not applicable when the defective condition is caused by the negligence of persons making public improvements under a contract with the city. Hincks vs. Milwaukee, 46 Wis., 559. In general, the question as to whether or not a particular condition of a street or sidewalk amounts to a defect for which the municipality will be held liable, is a question of fact for the jury. McMaugh vs. Milwaukee, 32 Wis., 200. Also whether the defective condition has existed long enough to charge the city with notice. Sheel vs. Appleton, 49 Wis., 125. Every municipality is bound at its peril to keep its highways in sufficient repair, or to take precautionary measures to protect the public against damages from insufficient highways. Prideaux vs. Mineral Point, 43 Wis., 513. SECTION 2. Whenever any injury shall happen to person or property in the said city of Milwaukee, at any place in said city where work of any kind or nature is being done in or on any street or sidewalk by any person or party under contract with said city, or with the board of public works, in the name of the city, in consequence of any neglect or default of such person or party in doing such work or improperly fencing or otherwise guarding such street or sidewalk to prevent accident while such work is going on, such person or party doing such work and guilty of such neglect or default shall be primarily liable for all damages for such injury, and the said city shall not be liable therefor until after all legal remedies shall have been exhausted to collect such damages from such person or party so primarily liable. As amended by Section 56, Chapter 324, Laws of 1882. The provisions of this section, before its amendment in 1882, held invalid, as granting to the city of Milwaukee a special immunity against a general rule of law, to which all other municipal corporations are left subject. Hincks vs. Milwaukee, 46 Wis., 559. Under this section, the injury must be incurred at the place where the work is being done, in order to render the city liable. "We are inclined to think that the object of the law is to restrict |