Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-16

ue SupISIue COuII Ioudy ueClueu
the Stark county boundary case,
granting the injunction asked for to
restrain the officers of Stark county
from exercising or assuming jurisdic-
ton over certain territory which was
sought to be added to Stark county
under the provisions of Chapter SO,
laws of 1903. This decision marks an
other step in the question of county
boundary litigation and the effect of
it is to keep the boundaries of Stark
county as they have been and render
ineffective the election held last year
by which Hettinger county was sought
to be taken into Stark county.
The law was passed by the Eighth
legislative assembly and is entitled:
can act changing and defining the
boundaries Of Stark county" 1t pro-
vided for the submission to the voters
Of Stark county and to those residing
in the unorganized territory affected
by the act of the question of changing
the boundaries of Stark county so as
to include in that county all the terri
tory lying within the unorganized
counties of Hettinger and Dunn, and
twelve congressional townships which
have never heretofore been within the
limits of any county. If a majority
Of the aggregate votes cast at such
election favored the change then the
above mentioned unorganized terri
tory should become part of Stark coun
ty. The governor was authorized to
designate polling places and election
of officers for the unorganized terri
tory. The question was duly voted
upon in accordance with the provis-
ions of the act In Dunn county there
was majority of one against the
change, but there was a majority of
sixty-f1ve in Hettinger county and five
hundred and twenty in Stark county
in favor of the change. It is conceded
that the proceedings were regular in
all respects and the only ground upon
which the state denies that the addi-
tional territory has become part Of
Stark county and seeks to enioin the
officers of the latter county from ex-
tending their jurisdiction over it Is
that the said legislative act authoriz-
ing the extension of the boundaries Of
Stark county is utterly void and of no
effect because it is in conflict with
several provisions of the constitution
Of this state. The constitution con-
tains the following provisions, among
others, with reference to counties:
"Section 166. The several counties
in the Territory of Dakota lying north
Of the seventh standard parallel, as
they now exist, are hereby declared
to be counties of the state of North
Dakota"
Section 1877. "The legislative as
sembly shall provide by general Jaw
for organizing new counties, locating
the county seats thereof temporarily,
and changing county lines; but no new
county shall be organized, nor shall
any organized county be so reduced
as to include an area of less than
twenty-four congressional townships
and containing a population of less
than one thousand bona fide inhabi
tants- . ="
Section 1853. All changes in the
boundaries of organized counties be-
fore taking effect shall be submitted
to the electors of the county or coun
ties to be effected thereby at general
election and be adopted by a majority
of all the legal votes cast in each
county at such election; and in case
any portion of an organized county is
stricken off and added to another, the
county to which such portion is added
shall assume and be holden for an