Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-08
DEER LODGE COUNTY MUST GO
UNTIL THE CHANGE IS
MADE LEGALLY,
THE COURT WAS UNANIMOUS
Why Were They Not Consulted Before
the Bill Became Law That
Could Not Stand.
Special to Inter Mountain,

Helena, Mont, April S.-The supreme
court today declared unconstitutional
the law changing the name OF Deer
Lodge to DAILY county, holding that the
legislature is forbidden to change the
rame Of any county, although it may
create new counties and abolish old
Cnes.
The decision was rendered on the ap-
plication of Mrs. NJ. A. Sackett for
writ of mandamus directing William E.
Thomas, clerk Of the district court for
the third district of Deer Lodge county,
TO aff1x the seal of the court bearing the
name of Deer Lodge county, not that Of
DAILY county, to Judgment for $11196S
rendered against Mary and Joseph Nc
Caffery. 1t was written by Chief JUS
lice Brantly, and the court is unau-
imOus.
The question was raised under the pros
vision of the constitution forbiddng the
legislature to change the names of per-
sons or places by special law and also
providing that lin all other cases where
a general law can be made applicable,
no special law shall be enacted" The
decision is based entirely on the first
ramed provision, the second not being
discussed.
The meaning Of the word place in
the connection in which it is used in
The constitutional provision is considered
at length, showing that it is applied
equally to seat in coach, city, county
or even state. AS to the meaning given
1t IN the constitution, the court says:
I'm other parts of the constitution it,
self 1t Is used some eighteen times, with
great variety of applications. 1t is
applied to point in boundary line.
cemetery, church, building where eec-
ton Is held, military reservation, dwell
ing, court OF justice, capital of state
cities, towns, villages, railroad stations,
institutions of learning. and in one in-
stance to the whole state or .,onsres.
sional district.
This indefinite meaning demonstrates
that the proper Specification of the term.
as used in the constitution, must be de-
duced from the context on which it is
founded. and the purpose had in view
IN putting into the organic law of the
state an express prohibition of any spe-
c!al legislation with reference to the
name by which any particular one of the
classes designated by it shall be
known. If the mere matter Of
place was of SO much import in the es-
tmation of the trainers of the consti.
tuition, that they deemed it necessary to
insert the prohibition therein then thai
prohibition was evidently designed to
forestall any evil which might befall tho
state at the hands of a legislature
through hasty, inconsiderate or precipi.
tate action.
I'VE may at once assume that the
principal connection in which the names
of places were deemed of sufficient i'm.
portance to become a matter of legis-
latlve cognlzance, was with reference to
political divisions and municipalities in
the state. Evidently one purpose at
least sought to be accomplished was to
preserve the people Of any particular 10.
cality the right to retain the name chos.
en- by themselves, or one for which an
had been formed by lona
and at the same time serve
the governmental purpose by avoiding
the confusion which might arise from
frequent change of the names of poll
teal subdivisions and municipalities of
the state. True. the constitution recog.
nizes the power of the legislature to
create new counties, change those al.
ready established and alter their bouu.
dares. and this power has been here.
tofore exercised in many instances.
1t has been recognized and
affirmed by this court and this
t'"Ci " 'iedte necessarily lInGlleS power
10 destroy. that in the exercise Of
IL the legislature may abolish one county
organization and incorporate it's terri
tory within another county 1t may also
at the same time exercise any other
power Incidental to the complete exercise
of the principal one but this power does
not necessarily carry with it the right
TO interfere by special enactment in the
internal affairs of a county, even though
q majority of the people do not object.
The whole spirit of the constitution is
opposed to such interference. and, for
the reasons already stated, it seems
clear to us that the prohibition in uues-
ton was designed to prevent Just such
interference as has been attempted in
the present instance.
The power to create new counties and
20 give them names or destroy them is
hut after they are created
they may not be disturbed by special
Or local legislation, except incidentally
in the exercise of creative power or in
70 ses where the general law cannot be
nsha anolicable.''
The supreme court granted a new trial
II the case of James A. Murray of Butte
against George Haldorn. and expresses
some candid opinions Of the business
Continued on Page Three),