Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1899-05-26
ANOTHER LAW.
Possibility that Constitutionality Of An
other County Boundary Law May
be Questioned.

There is another Interesting ease
that may grow out Of thc decision of
the supreme court declaring the Stark
county boundary law unconstitutional.
III 1851 there was Il law passed chang
ing and increasing the boundaries of
ten counties Of the state. The boun-
daries of Billings. Stark and Mercer
counties were enlarged, and the boun-
diaries of Morton, Ward. Mclean.
Pierce. Bottineau and MclIenry were
enlarged While the county of>Nilliams
vas created out of the old unorganiZed
territory. The law under Which these
changes We're made has Il title iden-
teal with that Of the law passed in
1895 affecting the three western coun-
ties. and which the supreme court has
just knocked out, reading An act to
increase the revenues of the state by
changing and increasing the boun-
darieS,' etc. 1t was this title that
was declared unconstitutional by the
court, and il the same decision fol-
lowed in the case of the previous law,
then that would be knocked out. and
the organization of Williams county
and the additions to the other nine
counties he voided. If this should he
the case, bonds for school districts and
townships that have been created in
the new territory would be questioned
and the right of the counties to levy
taxes in the territory that was added
to them in 1891 be disputed.
1t is stated that the Stark county
officials intend to levy taxes in the
unorganizcd territory and exercise iur-
iSdictiOn over the entire boundaries as
fixed by the law passed in 1895. under
a law passed by the legislature last
winter which provides that all territory
within the state over Which any county
shall have exercised jurisdiction for the
two years last past is declared a part
of such county and the acts of all
officials, county. township or school is
legaliZed and ratified. Ii this law
holds good, the territory in Stark
which has been so held under the law
would be declared Il part of the county.
This curative act was passed to ap.
ply particularly to Sargent county, al
though it is II general law covering
any contingency that may exist. Last
winter Il resident Of Sargent county
who proposed to write Il history OF the
county. on looking up old law with
reference to the boundaries of the
county. found that in 1883 a law was
passed fixing II OF the boundaries OF
the county. Five days after this law
was approved, another law was passed
fixing the boundaries of Il South Da
kota county and incidentally fixing Tho
same boundary of Sargent six miles
farther west. Subsequently. whel
the boundaries of .Richland county
wkere fixed, under these conflicting
provisions they would have gotten tho
Sargent county territory. had The mat
ter been carried to its legal ending Il:
the laws stood. The law rs passed
covering matters of this kind vii
probably come before the supreme
court for determination as to it's ctfec
and scope.
The Dickinson Press says in speak
ing Of the case: The decision Of tn
supreme court. il on Il %rclleariny o
the case it should not be changed. will
be the most far reaching. so far as i
affects state revenues. Which has eve
been made by our court. Practical,
every western and northwestern cour
ty in the state was organized under
law identical in language. Man,
school districts have been organized
bonds issued and sold and the district
now enjoying school privileges, whic.
under the decision Gf the law passe,
last winter should not save it, vii
Immediately be dissolved. In the te,
ritory attached under the bill NOR
than one million acres Of land are no,
being surveyed. About 100000 acre
of this is railroad land and under til
bill would have been taxable in til
three counties for 1900. This woul
have meant at least 100000 increas
in the assessed valuation. Besides til
government land would be rapidly SCI
tied and brought subject to taXatio
as soon rs proof was made. BelieN
ing that this territory was a part Of Il
organized county many hundred fan
lilies have settled in the territory an
will be greatly disappointed if the
are left in unorganized territory, witt
out school privileges or rights Of suf
rage. An application for Il rehearin
of the case will be made immediatel,