The Dickinson press., 1901-06-01
SUPREME COURT
Holds that Boundaries Of
Stark, Billings and Mer-
Ger Counties are
Unchanged.
Act Of 1898 and Curative
Act of 1899 are Both
demonstrations
and Void.

The Bismarck Tribune of May cath
gave the following report of the H, b
Schaffner vs.. Mercer county case:
The supreme court handed down a de.
cision in the case of Shaffner5 VS.. John
Young as sheriff Of Mercer county, one
ofthe most important cases tried at the
recent term. The decision again estab.
fishes the status Of the boundaries oi
Billings. Stark and Mercer counties,
holding that they were in no wise
changgeesdbyst the act passed BY the legis.
lature in isos ,fpreviously held uneonsti.
stutional by tbs court. or by the curative
act passed il, 1899. The case was an. ae-
ton in injunction, brought by Schafner
to restrain the sheriff from selling per.
sonal property belonging to Schaffner
for taxes, it being alleged that Schaffner
was in unorganized territory, which had
not been legally included in 1.-THE limits OF
Mercer county. While the court holds
with the appellant in the case, regard
ing the question Of boundaries and the
Illegally Of the tax, il holds with. the re-.
spondents in the remedy, holding that
injunction IS not the proper remedy
The decisionof the lower court, denying
the injunction, is therefore affirmed, but
appellants have established the princi-
pie. that the boundaries Of Billings, Stark.
and Mercercounties are the same as
they were before that sweeping county
boundary act of 1895 was passed, Of the
pretended curative act Of l8oo.
The ssyllabus ofsthe decision is as fol-
lows:
Action in equity 10 enjoin the defend.
ant. who claimed 10 act officially as sher-1
tiff Of Mercer county, from selling certain
personal property belonging tothe plain
tiff and which defendant had seized to
satisfy an alleged personal taxschargeds
against plaintiff on the tax lists Of Mer.
Ger county.
The defendant seized the plaintiffs
propertyswithin the county Of Williams
and did 50 under pretended authority
contained In warrant Of distraint issued:
by the treasurer Of Mercer county
Held, that the defendant in Selling the
plaintiffs property wan = tFesspasser
andtha1 hisfusurpation Of authority out.
side of his county was of such a nature
as could be enjolned by a court Of equity!
But the complaint omitted to allege is.
suable facts to show that the trespass: Of
the defendant was one which would
cause irreparabie damage to the plain
tid nor did the complaint set out issua-
BILE facts sufficient I bring the case
within any recognized head at equity,
Held, that the facts alleged did not con-
stltute a cause Of action for equitable re-
lief by injunction.
"Construing chapter as, Laws Of 1906,
and chapter 81, laws Of 1900, Held that
chapter 81, Laws Of 1900 SO. far as il at
tempted to change the boundaries Of
counties Is unconstitutional and void, be-
cause the same omitted any provision
for submitting the law 7tosthe voters for.
approval. See section I68, state cons.i-
tuition. Il
"For reasons set out in the opinion the
boundaries Of the counties Of Billings,
Stark and Mercer, were notschanged or
affected by the passage and approval Of
either OF the statutes embraced insaid
chapters IS and 81"
r. H. Register was attorney for the
IL Al anti iCch. nntl
McNamee of counsel Rice and
Cochrane and Gorliss were attorneys for
the respondent county.
The opinion in the case is written by
Judge Wallin and goss extensively into
all features Of the case. AZ discusses the
pretended curative act passed IN 1859,
whichlaimed to remedy the unconstitu.
tional act OF $780,. and u closing the
court say:
aWe4deem il proper e add lew
words BY way Of explanation. In formu.
lating this sophie certain features Of the
lease found IN the record have been
passed upon which, from the courts
point Of view. could have been left IN:
touched without affecting the result IN
this Court. Our reason for doing this i
that Ne are very DESTROYS of doing all
that We legitimately.can do 10 aid in de,
timing and clarifying the political status
LOT the extensiyefregionSof country which
y involved 10 the subject matter Of THU