The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-06-02
KOOTHNA| COUNTY SAFE.
Supreme Court Denies Petit
tion for Rchearing.
ACT INVALID THROUGHOUT.
The Division Case is Now a
a% Ms -
All Closed Incident. Y

L.
The supreme court has denied the
petition for a rehearing in the case oi
Charles A. Mcdonald VS.. Edwin
Doust, growing out Of the act Of the
Eighth session Of the legislature cre-
ating Lewis and Clark counties out
of Kootenai. In the original pro-
ceeding the act was declared uncon-
stitutional by divided court, Chief
Justice Stockslager dissenting. The
opinion on the petition for rehearing
was written by Justice Sullivan, JUS
tice Ailshie concurring and the chief
justice again dissenting from the con-
clusion reached, though filing no
opinion.
The opinion declaring the act un-
constitutional dwelt with the moving
Of the county seat of the proposed
county Of Clark from Rathdrum to
SCGur d'Alene, it being held that
such removal could not be legal
without vote Of the people. The
question Establishing a county gov
ernment also entered deeply into the
conclusions Of the court. On rehear-
ing it was argued by the divisionists
that the creation Of Lewis county out
of the northern part of kootenai was
regular and the court was urged to
hold the act valid in SO far as it re-
lated to that county.
What Induced the Legislation.
The opinion brushes aside several
technical objections raised by the an
ti-divisionists, involving interpreta-
ton of the court S rules as to fling
the petition, ETC., and says, after re-
viewing the bill at length and quot
ing Cooley to the effect that where
part Of a statute is unconstitutional
that fact docs not authorize the
courts to declare the remainder void:
From the various provisions Of
said act it is clear to me that all OF
the provisions thereof in regard to
the creation Of Clark county and the
establishment of the county seat at
Cnur d. Alene City was the main in
ducement for the adoption Of the re-
naming part Of said act. The very
first section of said act abolishes
kootenai county, and the abolish
nient Of that county was, no doubt,
an inducement for passage Of said act.
That being true, the part Of said act
creating Lewis county cannot stand
when tested by the rule above laid
down by Judge Cooley, the supreme
court of the United States and the
supreme court Of Nebraska.
This act is so connected and SO
related in substance. as / view it, as
to preclude the supposition that the
legislature would have created Lewis
county without having created Clark.
The act is so drawn and the sections
SO constructed and the provisions sc
interdependent as to clearly indicate
that the legislature intended the ac1
to operate as whole and that il
would not have created Lewis coun,
ty alone. That being true, the en-
tire act must be held invalid.
If you would cut out Of this ac
all Of the provisions except thoseap
lplicable to Lewis county, the re.
manning part would be unintelligiblt
would, in part. at least, be a jun
bic of words without meaning. 'soune
without sense"
Peep behind the Record.
1t is a part Of the Legislative his
tory Of this state that bill was in
troduced in the legislature for tht
creation Of Lewis county out Of sub
stantially the same portion Of Koote
mai county that the Lewis county re
ferred to in this act contains, ant
that said bill failed to become a Law
because Of the opposition Of mem
bers who afterward supported tn,
present act. And the inducement il