The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-08
AFTER TEN YEARS
THE ALTuRAS COUNTY DIvIS-
Sci. ION CASE Is SETTLED.
Two Actions Commemorative Validity of
the Blaine-Lincoln Acts Are De-
ss nisd-rhe Courts Opinion.
,eciaI Dispatch 10 the STANDARD.

Special Dispatch 10 the STANDARD
Boise, idaho. Jan. AFTER 10 years
of lighting. both In and out OF court.
the all-important question arising out
OF the division of old Altruas county. Is
settled. The supreme court to-day
handed down an opinion on the applica-
ton for writs, made to test the consti-
tutionality of the acts creating the
counties of Blaine and Lincoln out of
what was formerly Alturas and Logan.
The writs are denied and the attorneys
on both sides of the case concede that
the decision settles the long-standing
dispute, the legality OF the Blaine-Lin-
coin acts being practically denied by
the supreme court
There were two actions commenced
with a view of testing the constitution
ality Of the acts in question. One was
entitled Robert Wright VS.. Board of
Commissioners Of Logan county. where
in IL was sought to obtain a writ of
mandamus, compelling the board to
meet and pass upon the claim after the
commissioners had been legislated out
OF Office as officers of Logan county
The other was entitled Bellevue Water
Company VS.. c. o. Stockslager, judge
of the Fourth Judicial district court. In
which a writ of prohibition was asked
restraining the judge from holding
court elsewhere than at Bellevue, the
county seat Of Logan county. To these
applications for writs Blaine and Lin
coin demurred. The court passes on
the demurrers, which are sustained,
but IL also goes far enough into the
merits of the case to settle II for all
time. The last Legislature abolished
the county of Alturas and Logan and
formed Blaine county. Immediately
thereafter Lincoln county was formed
from a portion of Blaine.
The supreme court holds the legisla-
ture has a right to abolish counties and
create new counties therefrom. provid-
ed its action on the bills are within
constitutional lines. This goes to the
root of the matter, for the question of
the right of the legislature to abolish
| counties was really the point upon
which the entire proceedings hinged.
With reference to the action OF the
| legislature on the two acts, the court
says: 1T is desired on the part of the
petitioner to show the invalidity of the
| act creating and organizing the coun-
| ties of Blaine and Lincoln by the leg
| islature by means of the journals OF
the two houses showing the manner in
| which these acts were passed. 1t Is
| COnCcQcu ny OOth lshtbico thdb thCoc
j journals can only be examined by this
| court, in proper proceeding. for the
| purpose of ascertaining whether the
| provisions prescribed by the constitu-
| ton were complied with in the passage
| of the acts; and that motives which
| actuated the two houses of the legisla-
ture in the passage of these acts and
| of the governor in approving them car
not, in any manner. by means of the
journals Or, otherwise. be brought In
4 Question:; and we are asked to con
slider these two acts as one. simply be
cause they relate to the same subjec
| matter and were considered on tn,
same legislative day. and that TO as
sumo that the motives and intention o.
the legislature in the passage of tn,
two acts was 10 violate the provision.
| Of the constitution.
1T would be highly improper for thii
court In this or any other manner (,
question the motives OF the legislator,
in the passage of any particular act o,
acts The fact that these two act
passed through some of their stages
or all of them, on the same Legislative
day. has no significance"