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F.S. 791 on Google Scholar

F.S. 791 on Casetext

Amendments to 791

The 2021 Florida Statutes

Title XLVI
Chapter 791
View Entire Chapter
CHAPTER 791 Florida Statutes and Case Law
791.001 Application and enforcement.
791.01 Definitions.
791.012 Minimum fireworks safety standards.
791.013 Testing and approval of sparklers; penalties.
791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers.
791.02 Sale of fireworks regulated; rules and regulations.
791.03 Bond of licensees.
791.04 Sale at wholesale, etc., exempted.
791.05 Seizure of illegal fireworks.
791.055 Restrictions upon storage of sparklers.
791.06 Penalties.
791.07 Agricultural and fish hatchery use.
791.08 Use during designated holidays; exemption.
791.001 Application and enforcement.This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state.
History.s. 6, ch. 87-118.
791.01 Definitions.As used in this chapter, the term:
(1) “Distributor” means any person engaged in the business of selling sparklers to a wholesaler.
(2) “Division” means the Division of the State Fire Marshal of the Department of Financial Services.
(3) “Explosive compound” means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.
(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.
(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
(c) “Fireworks” also does not include the following novelties and trick noisemakers:
1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.
2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.
3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:
a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.
b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report.
c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.
d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.
e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.
f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

(5) “Manufacturer” means any person engaged in the manufacture or construction of sparklers in this state.
(6) “Retailer” means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail.
(7) “Seasonal retailer” means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year.
(8) “Sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.
(9) “Wholesaler” means any person engaged in the business of selling sparklers to a retailer.
History.s. 1, ch. 20445, 1941; s. 1, ch. 57-338; s. 1, ch. 84-201; s. 1, ch. 87-118; s. 36, ch. 89-233; s. 1906, ch. 2003-261.
791.012 Minimum fireworks safety standards.The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.
History.s. 1, ch. 96-285.
791.013 Testing and approval of sparklers; penalties.
(1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Register and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures.
(2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The Division of Investigative and Forensic Services shall dispose of any samples which remain after testing.
History.s. 2, ch. 87-118; s. 21, ch. 93-276; s. 1222, ch. 97-102; s. 58, ch. 2013-14; s. 38, ch. 2016-165.
791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers.
(1) REGISTRATION REQUIREMENTS.Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms.
(2) REGISTRATION FORM.The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person.
(3) FEES.
(a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5.
(b) Revenue from registration fee payments shall be deposited in the Insurance Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter.
(4) RULES.The State Fire Marshal may adopt rules prescribing registration forms required by this section.
History.s. 3, ch. 87-118; s. 37, ch. 89-233; s. 21, ch. 2000-370; s. 1907, ch. 2003-261.
791.02 Sale of fireworks regulated; rules and regulations.
(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.
History.s. 2, ch. 20445, 1941; s. 1, ch. 61-312; s. 4, ch. 87-118; s. 1223, ch. 97-102.
791.03 Bond of licensees.The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee’s display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.
History.s. 3, ch. 20445, 1941; s. 1, ch. 61-312; s. 1224, ch. 97-102.
791.04 Sale at wholesale, etc., exempted.Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.
History.s. 4, ch. 20445, 1941; s. 1, ch. 61-312; s. 5, ch. 87-118.
791.05 Seizure of illegal fireworks.Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.
History.s. 5, ch. 20445, 1941; s. 1225, ch. 97-102.
791.055 Restrictions upon storage of sparklers.
(1) Sparklers shall not be stored or kept for sale in any store:
(a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers.
(b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers.
(c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires.
(2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: “CAUTION SPARKLERS-NO SMOKING.” No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe.
History.s. 2, ch. 84-201.
791.06 Penalties.Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083.
History.s. 6, ch. 20445, 1941; s. 756, ch. 71-136.
791.07 Agricultural and fish hatchery use.Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.
History.s. 1, ch. 29780, 1955; s. 1, ch. 57-336; ss. 14, 35, ch. 69-106; s. 1, ch. 82-109.
Note.Section 10(5), ch. 2007-67, provides that “[p]ending completion of the Legislature’s review of the task force’s report and to ensure that fire prevention and safety standards are uniform, a new permanent retail sales facility engaged in sales otherwise permitted under s. 791.07, Florida Statutes, may not be opened in this state after March 8, 2007, unless the permanent retail sales facility has received site-plan approval and construction has begun on or before March 8, 2007; the number of permits for temporary retail sales facilities, such as tents, engaged in sales otherwise permitted by s. 791.07, Florida Statutes, which are issued after March 8, 2007, by a county, municipality, or other unit of local government may not exceed the number of permits that such governmental entity issued for such facilities during the previous calendar year; and a municipality, county, or other unit of local government may not adopt an ordinance, rule, regulation, or other law after March 8, 2007, which directly prohibits or directly interferes with the safety standards established by state law or the right to purchase, sell, use, or possess consumer fireworks in this state. However, if the Legislature enacts legislation to provide for the comprehensive regulation of fire prevention and safety standards for the use of consumer fireworks to replace this subsection on or before July 1, 2008, this subsection does not prohibit opening any such facility, permitting any such temporary facility, or adopting any such ordinance or other law after such legislation is enacted.”
791.08 Use during designated holidays; exemption.
(1) As used in this section, the term “designated holiday” means:
(a) New Year’s Day, January 1;
(b) Independence Day, July 4; or
(c) New Year’s Eve, December 31.
(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.
(3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners’ association pursuant to chapter 720. However, a homeowners’ association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during a designated holiday or under general law.
History.s. 1, ch. 2020-11.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 791 on Google Scholar

F.S. 791 on Casetext

Amendments to 791

Arrestable Offenses / Crimes under Fla. Stat. 791
Level: Degree
Misdemeanor/Felony: First/Second/Third


Civil Citations / Citable Offenses under S791
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 791.

Annotations, Discussions, Cases:

  1. Dusenbery v. United States

    534 U.S. 161 (2002)   Cited 1,021 times   2 Legal Analyses
    E.g., Mullane v. Central Hanover Bank Trust Co., 339 U.S. 306, 319 (1950) (noting that the mails "are recognized as an efficient and inexpensive means of communication"); Walker v. City of Hutchinson, 352 U.S. 112, 116 (1956); Schroeder v. City of New York, 371 U.S. 208, 214 (1962); Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 798 (1983); Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 490 (1988).
    PAGE 170
  2. Cullen v. Pinholster

    563 U.S. 170 (2011)   Cited 12,370 times   12 Legal Analyses
    Nor did the Court of Appeals properly apply the strong presumption of competence that Strickland mandates. The court dismissed the dissent's application of the presumption as "fabricat[ing] an excuse that the attorneys themselves could not conjure up." 590 F.3d, at 673. But Strickland specifically commands that a court "must indulge [the] strong presumption" that counsel "made all significant decisions in the exercise of reasonable professional judgment." 466 U.S., at 689–690, 104 S.Ct. 2052. The Court of Appeals was required not simply to "give [the] attorneys the benefit of the doubt," 590 F.3d, at 673, but to affirmatively entertain the range of possible "reasons Pinholster's counsel may have had for proceeding as they did," id., at 692 (Kozinski, C.J., dissenting). See also Richter, supra, at 1427, 131 S.Ct., at 791 ("Strickland ... calls for an inquiry into the objective reasonableness of counsel's performance, not counsel's subjective state of mind").
    PAGE 196
  3. Johnston v. Horne

    875 F.2d 1415 (9th Cir. 1989)   Cited 114 times
    Even if he had a cause of action, it would be barred for the same reasons that his claim under § 791 is barred. We observe that § 794, in contrast to § 791, incorporates the remedies, procedures and rights of Title VI, 42 U.S.C. § 2000d, not 42 U.S.C. § 2000e-16(c). § 794a(a)(2). If § 794 offered Johnston an alternative remedy, he could argue that the 30-day limitation of § 2000e-16(c) which applied to § 791 claims did not apply to his § 794 claim. He could then fulfill the notice provision of Rule 15(c), having served the United States Attorney within the longer limitation period and proceed with this action.
    PAGE 1421
  4. Doe v. Garrett

    903 F.2d 1455 (11th Cir. 1990)   Cited 96 times
    Section 791 of the Act imposes an obligation on federal agencies to promulgate affirmative action plans assuring "adequate hiring, placement, and advancement opportunities for individuals with handicaps." 29 U.S.C.A. § 791(b). The substantive scope of section 791 thus goes well beyond the simple nondiscrimination requirement of section 794(a). See South-eastern Community College v. Davis, 442 U.S. 397, 410-13, 99 S.Ct. 2361, 2369-70, 60 L.Ed.2d 980 (1979). Prior to 1978, however, section 794(a) did not apply to federal agencies and section 791 did not afford federal employees any private right of action.
    PAGE 1459
  5. Ehrens v. Lutheran Church

    385 F.3d 232 (2d Cir. 2004)   Cited 180 times
    Under New York law, which the parties agree applies in this case, "[a] defendant generally has no duty to control the conduct of third persons so as to prevent them from harming others." D'Amico v. Christie, 71 N.Y.2d 76, 524 N.Y.S.2d 1, 518 N.E.2d 896, 901 (1987). Nevertheless, Ehrens argues, as he did below, that the defendants are liable for Chapman's tortious conduct on a theory of negligent retention or supervision. To state a claim for negligent supervision or retention under New York law, in addition to the standard elements of negligence, a plaintiff must show: (1) that the tort-feasor and the defendant were in an employee-employer relationship, id. 71 N.Y.2d at 87, 524 N.Y.S.2d at 6, 518 N.E.2d at 901-02; (2) that the employer "knew or should have known of the employee's propensity for the conduct which caused the injury" prior to the injury's occurrence, see Kenneth R. v. Roman Catholic Diocese of Brooklyn, 229 A.D.2d 159, 654 N.Y.S.2d 791, 793 (2nd Dept. 1997); and (3) that the tort was committed on the employer's premises or with the employer's chattels, D'Amico, 524 N.Y.S.2d 1, 518 N.E.2d at 901-02.
    PAGE 235
  6. U.S. v. Clymer

    25 F.3d 824 (9th Cir. 1994)   Cited 98 times   1 Legal Analyses
    Considering each of the statutory factors as they apply to this case, we conclude that Clymer's indictment must be dismissed with prejudice. The first factor is "the seriousness of the offense." The offenses of which Clymer was convicted (conspiracy to distribute and aiding and abetting the manufacture of methamphetamine) are undoubtedly serious. However, this fact must be weighed against "the seriousness of the delay," Stayton, 791 F.2d at 21 (citing United States v. Russo, 741 F.2d 1264, 1267 (11th Cir. 1984)), as well as the rest of the other two statutory factors. We conclude that in this case the concerns regarding those other factors significantly outweigh the seriousness of Clymer's offense.
    PAGE 831
  7. U.S. v. Hubbell

    177 F.3d 11 (D.C. Cir. 1999)   Cited 25 times
    The district court, having dismissed Count 1, did not reach Hubbell's argument that the indictment is multiplicitous, i.e., that individual false statements were charged separately as false statements in Counts 4 through 9 and again in Count 1 as part of a falsification or concealment by scheme. We agree with the government that multiplicity claims are better sorted out post-trial. The factual issues as to what statements were made and what acts of concealment were committed, as well as whether the later acts or statements further impaired the operations of government, see, e.g., United States v. Cisneros, 26 F. Supp.2d 24, 44 (D.D.C. 1998) (citing United States v. Salas-Camacho, 859 F.2d 788, 791 (9th Cir. 1988), need development at trial, and attempting to decide such issues pre-trial would be premature.
    PAGE 14
  8. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 59,310 times   14 Legal Analyses
    Others taking a view similar to Representative Blair's included: Representative Willard, see id., at 791; Representative Poland, see id., at 794; Representative Burchard, see id., at 795; Representative Farnsworth, see id., at 799. Representative Willard also took a somewhat different position: He thought that the Constitution would not allow the Federal Page 674 Government to dictate the manner in which a State fulfilled its obligation of protection. That is, he thought it a matter of state discretion whether it delegated the peacekeeping power to a municipal or county corporation, to a sheriff, etc. He did not doubt, however, that the Federal Government could impose on the States the obligation imposed by the Sherman amendment, and presumably he would have enforced the amendment against a municipal corporation to which the peacekeeping obligation had been delegated. See id., at 791.
    PAGE 673
  9. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,664 times
    "In an action brought by a complaining party under the powers, remedies, and procedures set forth in . . . section 794a(a)(1) of title 29 [which applies to violations of § 501 by the Federal Government] . . . against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) under section 791 of title 29 and the regulations implementing section 791 of title 29, or who violated the requirements of section 791 of title 29 or the regulations implementing section 791 of title 29 concerning the provision of a reasonable accommodation, . . . the complaining party may recover compensatory and punitive damages as allowed in subsection (b) of this section . . . from the respondent." Rev. Stat. § 1977A, as added, 105 Stat. 1072, 42 U.S.C. § 1981a(a)(2).
    PAGE 194
  10. Gagnon v. Scarpelli

    411 U.S. 778 (1973)   Cited 4,954 times   3 Legal Analyses

    request for counsel is refused, the grounds for refusal should be stated succinctly in the record. P. 791. 454 F.2d 416, affirmed in part, reversed in part, and remanded. POWELL, J., delivered the opinion

    BLACKMUN, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a statement dissenting in part, post, p. 791. William A. Platz, Assistant Attorney General of Wisconsin, argued the cause for petitioner. With him