Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1899-05-26

fact that such territory is but sparsely
populated and is covered with vast
and valuable herds Of horses. cattle
and sheep. But that fact cannot aid
respondent. Under the law as II
stood prior to the passage of this act
all taxable property in u%norganized
counties was taxed for state purposes
IN all respects the same as property in
organized counties. (Sections 1886 to
1889 inclusive, Revised Codes. No
increase in the revenues of the state
was possible under the provisions of
the act. This is not a case where the
act Is broader than the title or where
the title Is broader than the act. 1t
Is simply a case where the subject as
named in the title is not adverted to
in the body Of the act and where the
subject as set forth in the body Of the
act is not named as a subject in the
title. We would have a very different
case had the title read: can act to
increase the revenues of the state and
changing and increasing the boundar-
les of the counties of Billings, Stark
n Mercer" Then clearly the title
would have expressed two subjects
n II the first was in no manner men,
tioned>i j the body Of the act it might
be rejected rs surplusage and the act
thus framed would not be vulnerable
to the criticism that the subject of the
act was not expressed in the title.
But such was not the case. The
change in the boundary lines was
named simply MS n means for the ac-
complishment of the main object of
the act, !. e., the increase of the states
revenues. This title was evidently
the subject of some consideration. Had
1t been entitled an act to increase the
boundaries of the counties named,
not being a general law applicable to
all counties 1t would at once have met
the objection that the change of boun-
daries of each county was a subject
by itself and hence the act violated
the first provision of section 81 Of the
constitution. But by making the in
crease Of state revenues the one sub
ject that objection was avoided. Again.
the members Of the legislature and
the people generally knew that the
counties mentioned We're situated in
the western and grazing portion Of the
state. If the revenues of the state
could be increased by increasing the
boundaries Of these counties-and such
was the promise in the title Of the act
the legislators as well as the people
generally would be pleased to have
it done because it would bring the
added revenue without any increase
Of their burdens. But if the act
We're simply to increase the boundaries
OF such counties the act would present
no such inducements to it's passage.
1t has not been the custom in this state
to create cOuntieS-aS two of these
would be-under this act-one hun
dred and eighty miles in length. The
fact that the act would necessarily
Increase the revenues of the counties
named might not be 4 sufficient induce
ment for the creation of any such I'M
Wieldy municipalities. We think the
title to the act iii question is danger
ously misleading and presents a fore
IDLE Instance Of n of the evils which
this constitutional provision was in
tended to prevent. In each case
where this provision has been before
us we have held that it was manda-
tory alike upon the legislature and the
courts, and when the violation of this
provision is too plain to admit of doubt
we are reluctantly compelled to cor
rect it. The order sustaining the de-
murrer is reversed and the district
court is directed to enter an order
overriding such demurrer. Reversed.
All concur
The Importance of the decision lies
in the fact that the entire boundaries
of the three counties are again changed
TO the old style. that was in effect be-
fore. tho law woS OaScpI and tbo n !,
organized counties of Hettinger. Bow
man and Dunn are restored. The
question of the taxes that have been
paid by residents of these unorganized
territories to the counties to which
they were attached is likely to come
up in the courts, although it is stated
that taxes that were not paid under
protest cannot be recovered.