The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1874-11-19
HON. Il. ST. JULIEN COX ENTI.
tiled TO HIS CERTIFICATE OF

i
were already organized and establishes
with distinct and separate organizations
Veryiwen.s At the last election, q
Nov. Sd. Monongalia and Kandiyoh
county voted in the Second district, a
Kandiyohi. county, and IS. is this vot
that elects Strait on the count. if elect
ed At ALI The proposition which W
urged in these columns, and now repeat
| is this: ....ij 7is'siT 81
That. the vote Of Monongalia county
belongs to the Third and not to tn
Second District and cannot be counted
or recognized by the eanvassing board
who are bound to take cognizance o
the law and to govern. themselves &C
cordingly; for these reasons: ...,....
First, the legislative act Of: March
I, 1870, was Unconstitutional null and
void, because in violation of article IL
section /, Of the. constitution, which
says: -. Il .
"The Legislature may from time to time
establish and organize new counties, but nc
new county shall contain less than foul
hundred miles nor shall any county be ne.
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
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.
ton 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-
dating 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
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
action effecting them. There
can be no doubt that the constitution
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. If
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 70 March 7, 1870, was
unconstitutional, null and void. This
disposes Of the whole matter. -'e
1t is impossible for the canvassing
board to ignore the Law. Tit shall ap-
pear to them that lMonoDgalia county
still retains its separate county oFgani.
cation and belongs to the Third
district, they can not CONT the
return from that county in the
Second district CANVASS. The
canvassing board, under our Laws, is the
only tribunal established to decide this
question. It 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 - . legal
conclusion that if Mr.. Cox should have
> majority for Congress in the Second
District after throwing ont the vote Of
Nonongalia county, he win Be entitled
II be considered du1v elected and, tn