The anti-monopolist., 1874-11-19
HON. e. ST. JULIEN COX ENTI-
tiled TO HIS CERTIFICATE OF
ELECTION.

\ +
consolidation Of the1counties of Monon-
gala and Kandiyohi. The counties
were already organized and established
with distinct and separate organizations.
Very we'll. At the last election, on
Nov. Sd, Monongalia and Kandiyohi
county voted in the Second district, as
kandiyohi county, and Is is this vote
that elects Strait on the count. if elect
ed at all. The proposition which we
urged in these columns, and now repeat,
is this: ts .''T
That the vote of Monongalia county
belongs to the Third and not to the
Second District and cannot be counted
or recognized by the eanvassing board,
who are bound to take cognizance of
the law and to govern. themselves ac-
cordingly for these reasons +
First, the legislative act of March
!, 1870, was Unconstitutional, null and
void, because in violation of article IL,
section l, Of the constitution. which
says:
"The Legislature may from time to time
establish and organize new counties, but no
new county shall contain less than four
hundred miles nor shall any county be re-
duced below that amount, and all laws
changing county lines in counties already
organized and for removing county seats,
shall before taking effect be submitted to the
| action of the county or counties to be effect
| ed thereby, at the next general election after
the passage thereof, and be adopted by ma
! jority OF such electors. Counties now estab-
lished may be enlarged, but not reduced
below four hundred square miles,
The negative provisions Of this Sec
tion are imperative and prohibitory.
There is nothing in the section or else
where in the constitution authorizing
the consolidation of two counties into
one. County lines may be changed in
the mode prescribed but not so as to
reduce the area of any county below
four hundred square miles. In consol-
idating two counties into one, as in the
case of Monongalia and Kandiyohi,
not only was the area Of Monongalia re-
duced below the constitutional limit but
its county organization entirely
,blotted out Of existence and
merged into Kandiyohi. This would be
clearly unconstitutional as to any coun-
ty established at the. adoption Of the
constitution, because that instrument
plainly says: Counties now established
may be enlarged, but not reduced be-
low four hundred square miles
The question therefore arises, wheth-
or the reference in the constitution to
counties already organized and "to
counties now established refers to
counties organized at the adoption of
the constitution only. or also en-
braces all organized counties at
the time Of any proposed
legislative action effectng them. There
can be no doubt that the constitution
embraces all organized counties, and the
reason Of the provision was to prevent
populous counties from absorbing their
sparsely settled ncighbors, simply by
legislative act. There must be some
limit fixed to the changing Of county
lines, and to the consolidation Of coun.
ties, except mere act OF the legisla-
ture, or else every year might witness
the consolidation of two or more
counties into one. The rich
and populous counties would absorb
the territory Of the entire State. II
this view be correct, two counties can
not be consolidated except by an
amendment to the constitution, nor re-
duced in area below 400 square miles,as
was decided in the case of Manonim
county which required an amendment
Of the constitution. 1t follows, then,
that the legislative act providing
for the consolidation of Mononga.
liza and Kandiyohi counties, ap-
proved March I, 1870, was
unconstitutional, null and void. This
disposes Of the whole matter.
1t is impossible for the canvassing
board to ignore the law. II it shall ap-
pear to them that MonoDgalia county
still retains its separate county organi-
zation and belongs to the Third
district, they can not count the
return from that county III the
Second district CANVASS. The
canvassing board, under our laws, is the
only tribunal established to decide this
question. 1t is true that Congress de-
termines the qualifications Of its mem
bers. but the question here presented
is one of State jurisdiction for the deci-
sion of State tribunal, which is the
canvassing board. 1t follows A. legal
conclusion that if Mr.. Cox should have
a majority for Congress in the Second
District after throwing oat the vote Of
Monongalia county, he viii be entitled
to be considered duly elected, and to