The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-12-01
TIE SUPERVISORS OF r. l. Co., ct al
he following are nv conclusions

l. The county of Whiteside had N,
vested right in any territory within its lin
| its as against the power of the legislature
to transfer such territory and change the
boundary of the county; that is, it the leg
islature proceeded upon the conditions
prescribed by the constitution no claim Of
the county to such vested right would avail
to prevent or hinder.
2. The constitutional provisions az.
aud 4, Art, VlIU apply to countie
organized with boundaries that are def
mite and susceptible Of assor,ai'n's@e,
fixed definite boundaries is question Of
construction, for the court and not for the
legislature; and whether such line can be
determination, The fact that the location
is disputed land difficult, if it can be de-
termined, would not authorize the legisla-
ture to fix and define different line.
4, The legislature could not change the
boundary or transfer any territory of a
county having such definite and ascertain
able boundary, except upon the conditions
prescribed by the constitution.
No matter how desirable the change, how
small the territory or inconsiderable in
value, or what the object in view--if the
effect of the act would be to transfer, it is
prohibited and void except upon these con-
ditions 1t is question of power.
5. The Sup, Court 1.-THE People VS.. Mar
shall II Iii. 393) seem to regard both sec.
tons, 2 and 4, as applicable to the same
case, and to hold that all the conditions
therein prescribed must be complied with.
If one be impossible as, if there be no
inllahitant of the territory attempted to be
transferable might be dispensed with,
but the others would remain of force.
+. If the foregoing are sound, this case
turns upon the questions whether the act
of 1891 described definite line for the
Northern boundary of Rock Island county,
and whether, ii so, that line could then
and in 1854 and can now be ascertained.
That the legislature intended to de-
scribe definite line,is perhaps not disput
ed 1t seems clear, from the obvious duty
in the case aud from the terms employed,
such line was certainly the most desira'
bic, with reference to questions of jurisdic-
ton aud OF description, and would In time
become necessary. 1t was easy to describe
one-an arbitrary il not natural one
and | can conceive of no good reason for
an intentional neglect or failure to do it,
The terms employed indicate a definite
line--a common description for such pur
pose, and used in the same act for other
lines OF boundary of the same county.
That there was definite line answer
ing to that description seems to follow al
most inevitably from the fact, proved and
admitted. that there then was, a slough or
creek SO known and named through which
water passed back and forth between the
Mississippi and Rock rivers. 1t must have
a middle. 1t may be difficult, perhaps
impossible lsince human power is limited
to fluid, but it must be an existing line. If
impossible to find or determine the legal
effect would be the same as if it did not
exist there would be no boundary and the I
legislature eI neceSSitdte, might establish .
one, and it would relate back. /
| understand that there is no controvcr- /
~ here except as to the divide" The /
division is recognized BY both /
parties down to sec. SO, I. 20, n. r. . T.,
and the Rock river division up to a point
Instant mile or a mile and a quarter
South from the East end of Philleo's Isl
Ind, whence it is said there are two branch
IS From.this point complainant CLAIMS the
western branch, along the bluffs, south of
'hille0 Island, TO its head near the stone
quarry, as the defined, main and true chan
lel, and thence continuing directly on to
he head Of the Mississippi division over
bed depressed but neither cut nor bank
d while, as / understand, the defendants
lain the true channel from this point by I
he Eastern branch, east of Philleo's Isl i
ina and North to the cambridge, whence il