The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-08
Especial to The Herald.l

BOISE, Idaho, Jam. AFTER years of
flirting, both in and out of court. the
all-important question arising out of
division of old Alturas county is settled.
The supreme court today handed
down opinions on the applications for
writs, made to test the constitutionality
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 dis
pute, the legality Of the Blaine and
Lincoln acts being practically declared
by the supreme court. There were
two actions commenced with a view of
testing the constitutionality Of the
acts in question. One was entitled Rob
ert Wright VS.. Board Of Commissioners
Of Logan county. wherein it is sought
10 obtain a writ Of mandamus COMPEL
ing the board 70 meet and pass upon
a clam after the commissioners had
been legislated out of office as officers
OF Logan county. The other was en-
titled Bellevue Water Company vs.. c.
o. Stocklager, judge of Fourth judicial
district court, in which a writ Of pro-
hibiJien was asked restraining the
Judge from holding court elsewhere
than at Bellevue, county seat of Logan.
To these applicants for writs Blaine
snd Lincoln demurred. The court pass
Is on the demurrers. which are sus-
tanned. but it also goes far enough into
the merits Of the case to settle it for
all time. The last legislature abolished
the counties of Alturas and Logan
and formed Blaine county. Immediate
ly thereafter Lincoln county was
formed from a portion Of Blaine. The
supreme court holds the legislature
Glas a right to abolish counties and or
ganize new counties therefrom, pro-
vided its action on the bills is 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 petit
toner to show the invalidity of the acts
creating and organizing the counties Of
Blaine and Lincoln by the legislature
by means of The journals of the two
houses showing the manner in which
these acts were passed. 1t is conceded
by both parties that these journals
can only be examined by this court
in proper proceeding for the purpose of
prescribed by the constitution We're
complied with in The passage of the
acts; and that the motives that actual
ed the two houses of the legislature in
the passage of these acts, and of the
governor in approving them, can not
in any manner, by means of the journ-
ais or otherwise, be brought in ques-
ton; and yet we are asked to consider
these two acts as one. simply because
they relate to the same subject matter
and were considered on the same leg
islative day; and then to assume that
the motives and intentions of the legis-
lature in the passage of the two acts
was to violate the provisions of the
constitution
1T would be highly improper for
this court in this, or any other. man
ner to question the motives of the leg
6slature in the passage of any particu-
lar act or acts. The fact that these
two acts passed through some of their
stages or ali of them on the same leg
sslative day has no significance"
The court passed upon the powers of
the legislature with reference to coun-
ties; and this holding is considered de-
cisive Of the Blaine-Lincoln litigation
The court says:
1T is only in extreme cases and in
cases where the violation OF the consti-
tuition is 50 clear that it does not ad-
init Of a reasonable doubt that the
court will assume to declare any act
repugnant to the constitution In
short, all reasonable presumpIions
must be entertained and all reasonable
construction of state must be resorted
to. in order to sustain the acts of a CO.
ordinant branch of a state government:
remembering at the same time that
legislatures powers extend to all prop
er subject of legislation and are there
fore unlimited, except as they are re-
Htricted by the constitution; and that
the power of the legislature over mu-
nicipai corporations is supreme and
transcendent.
ct may erect, change, divide and
even abolish them at pleasure, as it
deems the public good to require, unless
such action is expressly forbidden by
the provisions of the constitution. The
constitutionaIity of the act being pre-
sumed, it cannot be questioned by an
application for writ of mandate by
a private party to enforce a party
right particularly so where there is
another and adequate remedy by law"