Volume 181 — Wisconsin Reports

Cross-appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. The relators are trustees under the will of Charles L. McIntosh, deceased, and brought this proceeding to review certain determinations made by the taxing officers as to the income tax assessed against such trustees for income received by them during the year 1920.

<p> Rape: Uncertain and conflicting statutes: Unambiguous statutes: Enforcement: Questions for legislature: StaUitory rape: Same act a crime under different stahites: Punishment: District attorneys: Discretion. </p> <p>1. The fact that sec. 48, ch. 422, Laws of 1921, providing for the punishment of a person over eighteen years of age who shall carnally know and abuse a female under the age of eighteen years, is inconsistent with ch. 404, Laws of 1921, which is identical with sec. 48 in language except' that the age of the female is sixteen, and which was passed a few days before the enactment of sec. 48, does not render sec. 48 invalid, the question whether it is less deserving of approval being for the legislature and not for the courts.</p> <p>2. Said sec. 48 having been enacted in conformity with the statutes and rules regulating the proceedings of the legislature, is not void because of the manner in which it was prepared or because the bill contained many other provisions on other subjects.</p> <p>3. If the meaning of a statute is plain and its provisions are susceptible of but one interpretation the court must enforce it, and is not concerned with the wisdom or policy or motives prompting its enactment, that being a question for the legislature.</p> <p>4. Said sec. 48, which provides a maximum punishment of thirty-five years, is not void as unjust, in view of sec. 4381, Stats. 1921, relating to forcible rape, which prescribes a maximum punishment of only thirty-years.</p> <p>5. A public prosecutor is a gwim'-judicial officer, retained by the public for the prosecution of persons accused of crime, in the exercise of a sound discretion to distinguish between the guilty and the innocent, between the certainly and the doubtfully guilty.</p> <p>6. The duties of the office of district attorney, which office is a constitutional one and held as a public trust, and the incumbent being charged with grave responsibilities calling for the exercise of learning in the law and sound judgment, should be discharged vigorously, fearlessly, and fairly, and in such a manner that persons accused of crime will not be deprived of their constitutional rights; and it will not be presumed that preparatory to filing an information the decision of the district attorney will be influenced by personal bias or excessive zeal.</p> <p>7. Sec. 48, ch. 422, Laws of 1921, is not unconstitutional or void in view of previous decisions of this court and the sound discretion which prosecuting officers may exercise, although it is doubtless desirable that the státutes relating to the age of consent be made more nearly uniform.</p> <p>Eschweiler, J., dissents.</p>