Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-06-22

Judgment OF the Supreme Court o.
Rendered BY Justice Morgan.


The Statesman gives below the
judgment of tie Supr- me- Court i" the
famous Alta-Lincoln counties case,
as rendered by Justice Morgan which
has ut been filed with the clerk OF
the court. Lack Of space prevents
the publication in this issue OF the
concurr.ng opinion Of Mr.. Justice Hus.
ton and the dissenting opinion OF
Chief Justice Sullivan, but they will
be given i" \ subsequent issue this
week. The opinion reads as follows:
SYLLABUS.
The act OF March 3. 1891, entitled,
an act to create and organize tn.
counties Of A tia and Lincoln, to 10
cate the county seats Of said counties,
and to appcrtiun the debt Of Logan
county he'll un constitutional.
An act t. divide y county and at
tach the part cut Fl to another county
without submitting the proposition TO
N vote Of the people in the separated
part, is in violation of section 3 of
article Is Of the constitution.
OPINION OF Mr.. JUSTICE MORGAN:
The question that must d, termlne
this case Is. can a portion Of the tiers
ri,ory Of one county bs cut of and
attached to another without a vote of
the people residing in the separated
portion, conserving therefor What was
the evident intent ofthe act under con-
liberation; what was the object to be
-ffected; what is the result accom-
The object was not cer-
AMY to change the names OF the
wo counties. Ii that had been de-
''red, it could have been eA.c,e by
direct act for that purpose, as the
does not forbid it, and
he act says nothing about charging
he names Of the counties of Al.urss
md Logan.
1t could not have been desired to
Abolish the counties of Al,uras aud
Logan. Nothing is said in the act
about abol,shing the counties, and they
do not reem TO be abolished. The
same territory that before the passage
OF the act con ,tituted the counties of
Alturas aud Logan, under this act
the counties Of Alta aud
Lincoln. No new territory is added
TO them, none is taken away; but the
larger half of the county of Logan is
cut of aud attached to the county of
Alturas, AID the name Of the two
counties changed.
There were two counties before,
there are but two now. 1t is evident
that the whole intent aud object Of
4, he act WAS to cut this body OF t-rri>
tory from the county Of Logan and
attach 1t to the county of Alturas. In
fact, | understand, that the counsel dc
not deny that this was the sole OBJ
ject. Blu, tho constitution SAYS this
cannot be done, -xcep, by vote of tho
people. The Legislature canno, do
indirectly what it cannot do directly
People Va. Marshall. IL Ills, 39l.
cra,g vs.. State Of Missouri, 4 Pct,
HOY
Suppose tho court should hold tina,
his provision of the constitution
could be evaded in the manner
adopted by this act, then successive
.eRislatur-s could 90 on aud sever
portion Of the territory Of one county
md attach it to another in every par,
# the Stat, and continue the work
indefinitely, wi'hou, the vote Of the
people in any case.
Ii will he seen that il would render
his provision Of the constitution Of no
fleet Whatever. as the Legislature
mi the court would have clearly
pointed out a method bv which il
night be evaded. l think the erea.
'On OF . new county under the pro-
'iso IN this section must be held tn be
he creation 1T an additional county,
which the Legislature may do out Of