Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-06-22
A CHAOTIC CONDITION.

7sA a CHAO CONDITION..
States Attorney Gregory requests the
Dickinson Press to publish a commun-
~ication, describing the conditions that
prevail in a large share of the terri
tory in the western part of the state
with regard to jurisdiction for offenses
committed in the unorganized territory
which was recently declared by the
supreme court not to be attached to
the counties of Stark. Mercer and Bill
lings. Mr.. Gregory says:
1.-THE uporganized counties Of Nc
Kenzie, Alfred, Wallace, Dunn and
Hettinger were attached to Stark
county for judicial purposes under the
provisions of chapter 81 Of the laws of
1881. Section IS of this chapter
which was section 425 of the compiled
laws of 1SS7-provided that justices
Of the peace in Stark county had civil
and criminal jurisdiction over the
said unorganized counties OF McKen-
zie, Alfred, Wallace, Dunn and Hettin-
ger, and further provided that the
costs in all criminal prosecutions in
the district and Justice courts for
offenses charged to have been com
mitted within said unorganized terri
tory shall be audited and paid out of
the territorial treasury, This act
was expressly repealed by section Z, on
page 1913, of the Revised Codes Of
s 9 Said chapter "a of the laws of
1881 was the only law eyer enacted
giving justices of the peace civil and
criminal jurisdiction in said morgan
lied counties and providing for the
payment of the costs in criminal pros
%eeutions, and as by chapter 25 of the
laws OF 1895, all unorganized territory
then remaining within the state was
organized into counties, there has
never been any further legislation on
the subject Hence Justices of the
peace Of Stark county have no juris-
dfetion, under the statute, to hear, try
or determine any actions, either civil
or criminal, either as committing mag
istrates or as trial courts, arising
within the territory formerly embraced
in the counties of Mckenzie, Alfred,
Wallace, Dunn and Hettinger, and no
costs can be collected by the sheriff.
or by any officer, for any legal services
in criminal prosecutions within said
unorganized territory.
This is a condition that affects near
" one-haf of the territory OF this
state, as the counties of Pierce, Me
Henry, Bottineaus Ward, Mclean and
Williams, which were changed and in
creased to their present boundary by
chapter so Of the laws of IS91-Han act
identical in its title and in the body D
the act with chapter 25 Of the laws o.
1S95---are in the same condition as
Stark, Billings and Mercer counties.
As the supreme court says the only
remedy is in the legislature. "a specia
81 session OF the legislature should b.
called for the purpose Of remedyins
this ehoatic condition prevailing ii 81
large q portion Of the territory az til.
state
Doubtless this matter Will come be
fore the supreme court, IL the claim D
no jurisdiction Is made Id some cas-,
arising il any of this unorganized ter
ritory. that event we will have TIL
expression of the supreme court as i
whether there Isl Jurisdiction On til
part of Stark county officials, and ]
he supreme court declares there IL moi
the legislative correction OF this con
ditiousof affairsWiH have to be sought