Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-10-05
THE COUNTY OF CHURCH
Contention as K Legality Of Law oi
1891, Attaching Unorganized
County OF Church
The Counties Of Mclean, Pierce and
Henry Brought Into the 81
troversy.

case VIII
soon be brought before the supreme
court to determine the legal status Of
the county Of Church, which was regu
lsrly constituted and set aside as al
county by the territorial Legislature.
Of Dakotain the yearISS7 Thescase
to be brought is that OF ] Walker,
ct al, against the counties of McLean,
siT.ierce and McHenrys and involves The
right of the latter named countiesto
exercise the functions Of government
over parts of their present territory
which was included by the Legislature
OF 1887 IN the county of Church. The
action will be brought by b Ellis.
worth Of Jamestown as attorney FOR
the compliments in the cas- and will
involve The legality Of the Law Of ISL,
attachingthe territory in the morgan
lied county Of Church to the three.
counties named ssl
The counpaainants in the case allege
that the territorial Legislature Of 1887
neutrality-suspicious. and set aside the
nnorganized county OF Church, which
comprises parts Of the present coun-;
ties Of McF1enry, Pierce and Mclean.
They allege also that nthe year 1892,
these three counties, without Warrant
Ct law or other authority, usurped the.
functions of government over parts OF
this territory which they have @exer-ti
Icised since. Tt is claimed that the
unorganized county Of Church now
I~eontains more than thousand resi-
*dents, and $50 legal voters, that large
and important interests are developing.
and that d Judicial determination Of
the questions arising as 8 the legality
ofthe attaching Of parts Of the county
to the other three counties named, is
necessary and should be had.
The afidavit Of Mr.. Ellsworth. who
applies for the writ In the s states
that he has applied to ATTORNEY Cen
eral Comshock IS the prosecuting Off
Ger of the state, to apply for writ of
quo waITanto in The ann OF the state,
Ito discover from the three defendant
counties by what right they exercised
the functions CT government over
Church county. but that he refused to
lido SO. It is also stated that Mr.. Ellis
worth applied to Judge GoWan for leave
to file WTits Of quo Warranto in the
case, but that he has received no an
swer rom him. Accordingly apple
cation will be made directly to the su-
lpreme court for Writs OF quo WrarTanto
asking that the authorities Of the
counties Of Pierce, Mclean and Me-
Henry be forever onsted from Church
ieounty. ssE5%
This case, when brought, will open
up the whole question Of the bound
aries fnine large counties in the
western part Of the state, as 1t will IN
yo1Ve the law of 1891 which attached
the unorganized territory in question
to the already organized counties. A
similar law to this 1891 statute has,
been declared Unconstitutional by the
supreme court In decision affecting
the boundaries of the counties Of Stark,
Billings and Mercer e the applica-
ltion is made tothe court and is suIe-
cessftl then no doubt an application
will be made for the organization OF
Church county. andaf terward for the
organization Of counties from other