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The Book of Surprises

Home  >  Blog Articles  >  The Book of Surprises

August 16, 2021 | By Attorney Daniel F. Schmeeckle
The Book of Surprises

There is an elephantine book with 995 chapters that most Wisconsinites know exists, but no one has ever read cover-to-cover. The topics in this book are eclectic and cover a staggering range of subjects from “wild animals and plants” to “communicable diseases” to “prison labor” to “gambling.” It is not the Bible and it is not a thesaurus, nonetheless it is the authority on all aspects of our daily lives.

Open the book to a random chapter and behold the magnitude of its content. For example, Chapter 882 tells us that “An adult may be adopted by any other adult, who is a resident of this state.” Considering opening a bawdyhouse? Think again! Chapter 823 calls such establishments a nuisance and allows for taking of “furniture” and “musical instruments” used in such a business. Looking for some entertainment on October 10th, Chapter 995 informs us that “appropriate exercises and celebrations may be held” in honor of William D. Hoard’s birthday. For those not in the know, William Hoard was the 16th Governor of Wisconsin and is the namesake of Hoard’s Dairyman, a magazine.

Curiosities abound in this book. It blesses marriages between first cousins “where the female has attained the age of 55 years or where either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile.”

Want to know the difference between a “pet bird” and a “wild bird?” It is in the book. Chapter 169 defines a “pet bird” to mean a “bird that is either a psittacine or a soft bill and that is not native” as opposed to a “wild bird” which is “a wild animal that is a bird.” There is also practical guidance such as in Chapter 29, the prohibition against capturing or killing “any wild animal with the aid of any explosive or poison gas.”

The book is also practical where it gives guidance to employers including that an “employer shall, at the time of hiring, notify each employee about any hairstyle, facial hair or clothing requirement.” To this point, it even threatens a fine of not less than $10 nor more than $30 to an employer “in any manufacturing, mechanical or mercantile establishment” who fails to “provide suitable seats for its employees.”  And, if there were any doubt about where a municipal judge should hold court, it is removed by Chapter 755, which states: “No judge may keep his or her office or hold court in any tavern, or in any room in which intoxicating liquors are sold, or in any room connecting with a tavern or room in which intoxicating liquors are sold.”

These archaic rules laid down in this massive tome may come as surprise. However, this book is free, routinely updated and available for study. Every citizen of Wisconsin has imputed knowledge of all 995 chapters of this book. Ignorance of the rules of the book won’t save a person that runs afoul of any command of the book. Ignorantia juris non excusat—ignorance of the law does not excuse. This book, of course, is our beloved Wisconsin Statutes. https://docs.legis.wisconsin.gov/statutes/statutes.

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