WISCONSIN
665
WISCONSIN
courts being vested with the full jurisdiction of the
common law. The county courts of the state handle
probate matters and deal with the commitment of
the insane and certain special subjects and in some
counties have a limited civil jurisdiction; and from
the county courts appeals lie to the circuit courts,
where matters are tried de novo. Special courts
having jurisdiction in criminal matters are created
from time to time by act of Legislature, and justice
com-ts exist under the Constitution, having civil
jurisdiction up to $200 and certain criminal jurisdic-
tion. An attempt was recently made to drive the
justice courts out of Milwaukee County without
constitutional amendment, by the creation of a so-
called Civil Court of limited jurisdiction, from which
appeals lie (as they do from justice courts) to the
circuit coiu't.
Lows Directly Affecting Religion. — Freedom of wor- ship is guaranteed by Article I, Sections 18 and 19, of the Constitution of the state, as follows: "The right of every man to worship Almighty God accord- ing to llie dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious estabhshments or modes of worship, nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries."
"No religious test shall ever be required as a qualification for any office of public trust imder the state, and no person shall be rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of re- ligion." Sunday is a legal hohday and upon that day saloons are to be closed (a law not enforced). Barber shops, warehouses, and workhouses are also to be closed on Sunday, except for works of charity or necessity. The law permits affirmation subject to the pains and penalties of perjury in lieu of an oath. The seal of confession is protected by statute, Sec. 4074, Statutes of 189S: "A clergyman or other minister of any religion shall not be allowed to disolose a confession made to him in his professional character, in the course of discipline enjoined by the rules or practice of the rehgious body to which he belongs, without consent thereto by the party confessing."
A very recent decision (June, 1912), by the Supremo Court of the state, however, holds that one of the session laws destroys the rule of confidence between physician and patient, in regard to two m.atters concerning which the physician may be compelled to testify; and since the statutes protecting the seal of confession and the confidential character of commu- nications between husband and wife, and lawyer and client are of the same nature^ it may be doubted whether the seal of confession is now preserved as to those two matters by the statute thus changed and con8true<l. The decision was rendered by a divided court, the dis.senting opinion vigorously asserting that the law thus laid flown would break the seal of the confessional and cause the imprisonment of priests for refusal to answer such questions.
LoH'.s AffiTling Rrliginn.i Work. — There are special provisions concerning the incorporation of Catholic churches. The bishop of each diocese is declared the only trustee of each church in his diocese, and he may cause any congregation to be incorporated by adding four more members as trustees. The bishop himself, the vicar-general of the diocese, the pastor of the congregation, and two laymen, to be elected by the congregation, are to constitute the five trihstees of the corporation. Such corporations are given extensive powers a.s to acquiring and disposing of real estate and in general as to the management of their
affairs. The bishop, vicar-general, and pastor re-
main trustees ex officio and their successors take their
places. The laymen are elected for terms of two
years. The bishop is president, the pastor vice-
president, and the laymen are to serve as treasurer
and secretary. In case of the dissolution of the
corporation, its property is to vest in the bishop of
the diocese. Personal property owned by any re-
ligious or benevolent association, used exclusively
for the purposes of such association, and its real
property, if not leased or not otherwise used for
pecuniary profit, necessary for the location and con-
venience of its buildings and embracing the same
but not exceeding ten acres, and the lands reserved
for the grounds of a chartered college or university
not exceeding forty acres and parsonages whether
of local churches or districts and whether occupied
permanently or rented for the benefit of the pastors,
are exempt from taxation. The statute exempts
"Ministers of the Gospel or of any rehgious so-
ciety" from jury service.
Marriage. — Marriage is declared to be a civil contract. Marriage licences are required under penalty of the imposition of a fine on any person per- forming a marriage without the licence, but the lack of a licence apparently does not invalidate the mar- riage it .self. IVlarried women are given extensive property rights, and a married woman may convey, bequeath, and devise her separate estate without consent of her husband. He is, however, entitled to her services and, with certain exceptions, her earn- ings belong to him. In case of the husband's death intestate, the wife h.as the right to his homestead not exceeding S.5000 in value, net, during widowhood ; her dower, consisting of one-third of the net rents and profits of the real estate, for hfe; and a child's share of his per.sonalty, in addition to certain special provisions and the right to an allowance during the settlement of the estate. In case no issue is born of a marriage, husband and wife inherit from each other in case of intestacy; where issue is born alive he has an estate by courtesy in case of her intestacy; but the wife, by will, may cut her husband off entirely, whereas the provisions for the wife are reserved to her in case she elects not to take under her husband's will, or is not provided for therein; with the one ex- ception that, in case of a husband's death testate and his widow's election to take under the law, her share of his per.sonalty shall not exceed one-third. A woman attains her majority at the age of twenty- one, but the guardianship of her person is transferred to her husband if she marries while a minor; and if she marries when over eighteen and under twenty-one, the court having jurisdiction may in its discretion terminate the guardianship of her property and turn the same over to her. Marriage may be contracted by males of eighteen and females of fifteen, but no marriage licence will be issued to a male imder twenty-one, or a female under eighteen without the consent of parent or guardian, unless such party has been previously married. The judges may grant dispensations from the Ucence law. Marriage may be annulled for various causes existing at the lime of marriage, namely: (1) incurable impotency, of which plaintiff was ignorant at the time of the mar- riage; (2) con.s.anguinity or affinity, when the parties are nearer of kin th.an first cousins, computed according to the rules of the civil law, whether of the half or of the whole blood, provided that, when such marriage has not been annulled during the lifetime of the p.arties, the validity shall not be inquired into after the death of either p.-irty; (.3) when either party has another spouse living; (4) when fraud, force, or coercion have been used ; at t he suit of the injured party, unless confirmed by his or her subsequent act ; {h) insanity, idiocy, or such want of underst.anding as renders either party incapable of consenting, at the suit of the
