The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-04-28
REDIsTRIc7Ilv0 THE COUNTY.

members. Sec. w, Gen. Stat. 1873.
Counties organized il townships shall
be divided into number OF districts
equal to number Of members. and num-
bered in numerical order, and be CON-
posed OF contiguous territory bounded
by township lines, and contain rs near
ly as possible an equal population. The
board of commissioners may re-district
their counties respectively after each
United States of State census, taking
the population as shown by their said
census as the basis. Sec. SO, Id.
''For the first districting and for any
re.districting to Increase tie number of
commissioners from three to Eve, rem.
dered necessary in consequence of in
crease of population, the votes cast at
the last annual election shall be taken
as The basis, but this shall not apply to
a re-districting based upon any census
taken under the authority of the United
States or this State" Sec. 81, Id.
The above is nearly verbatim quo
tation OF the whole statute relative to
commissioners districts of the counties
III this State.
Now the question arises, is Mobiles
county entitled to five members. and it
she is, why have we only three? 1t the
annual election in 1879 there were 1872
votes cast, wanting only Is of the re-
Quisite 500, and there were then with
out doubt mole than Is electors who
did not vote. Possibly the county CON-
missiouers then might have consistent.
ly with critical nicely omitted to re-
district the county.
In June and July, 1880, the census of
this county taken under the authority
of the Uni d States, showed Il popula.
ton of ABS, which by the ordinary
rules of computation showed voting
population Of 1T least 900. Then wit l.
out doubt under our statute, Mobiles
county should have been re-districted,
and at the annual election in 1881, five
commissioners could have been elected.
At the last annual election in Novem-
Der, 1880, there We're 9l5 votes polled in
this county, and 50 returned to the
County Auditor, and it now lacks only
six months of the next annua; election.
Still the county is not yet re-dlstrict-
ed.
Perhaps our county commissioners
think because the language in sec. 80,
above cited, appears directory in that
it uses the words ''the board of com.
missioners may re-district. ETC., it is
intended to leave the privilege to their
sound discretion; and in their best
judgment the county can be managed
better by them than any five that might
chance to he elected. But our Supreme
Court in Lowell vs.. Wheaton, II MIMI.
p. 101, has said that 1.-THE word .aay, in
statutes, means must or shalt In cases
where tile public interests or the rights
Of third persons require it to be so con-
strued.''
It looks more reasonable, however. to
suppose, that men with the intelligence
and understanding possessed by our
honorable commissioners, knew
their duty but did it not. Perhaps they
had read the opinion of Atty Gen. Cor
nell of Sept. 8, 1871, which reads in sub
stance, "when the number of districts
is increased from three to Ave, an entire
new board must he elected at the first
election ensueing, and it makes no diff
ference that the residence of one of the
old members comes within one of the
new districts so formed.''
jackson county on the east, and MUIR
ray county on the north, with no great
er population than Mobiles, have had
five members of the board for the past
year, and there was no delay or hesita-
ton in re-districting those counties in
compliance with the statute.
And there is need that we have five
members Of the board. 1st, because the
whole county is not represented by
three, as their residences are local as
we'll as their interests. nor can they be
acquainted with the needs in remote
towns. I'd, because the present three
are not infallible, for they have made
mistakes; and in multitude Of counsel
there is wisdom. Sd, because their pol
itical idiosyncrasies are similar. and
there is never Il dissenting voice. 4tl,
because the people demand it, and tile
law requires it. 9Th. because it is a Lad
precedent to establish a miniature oil.
garcl'y, aid perpetuate ones self in Of
flee. 9Th, because there may he a ques,
ton whether three members can legally
be Il board of county commissioners in
county where the law prescribes there
shall be five.
There are reasons al infnituxa too ten
der to press. Gentlemen, please reds.
trict Mobiles county.
Dated April %, 1881.
EMORY CLARK.
THE CLERK OF THE COURT AND THE
NABEAS CORPUS.
EDITOR ADVANCE: An article ap-
peared in the Wortl'ington Journal last
week taking us to task for our knowl-
edge Of law, etc.
There are some statements of law.
etc., that are not correct. They say,
I'VE would like to ask when and by
whom H. D. Humiston was elected
Court Commissioner of the District
Court? There is no such officer known
to the law Fl. d. Humiston is Court
Commissioner of MOBILES County,"
Art. 7, sec. Is, Of the Constitution of
the State of Minnesota provides:
The Legislature may provide for the
election Of one p.rson in eacl, organized
county to b+. called Court Com
missioner, with judicial i,o,cers and it,
r'sd'ctto'e not exceeding tue power and
jurisdiction Of Il judge IT the District
Court in chambers.
Son COl ,n,rso 40