The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-04-01

session Of tine legislature and they
are said to have kept their hands Off,
| We do not entirely agree with the
philosophy OF Dooley that the opin-
ions Of the court follow the election
returns, but there are undoubtedly
cases where the premises justify the
conclusion. Had Ailshie been eau
tious enough to have kept out of the
fight at Boise their decision would
not now be open to the suspicion Of
dishonesty which rests upon IL.
Sullivan has reversed himself in
this case SO completely that his act is
not clear to the public. In the Alta
Lincoln case, in which the counties
of Altutras and Logan we're abolished
by the legislature and two new count
les created with different boundaries
and different county seats, Judge
Sullivan sustained the validity of the
act; later he rendered other decisions
along the same line, Some of these
parallel cases may be cited as Blaine
county vs.. Heard, As Pac., $50;
People rs. Alutras county, IS Pac.,
( 1867; Wright VS.. Kelly, 43 Fao.,
655; Water Co. vs.. Stoeksglager, 4
Idaho, CSC; Doane VS.. Logan county,
20 Pac., 1917. In these cases Judge
Sullivan is on record as upholding
the constitutionality OF the law. The
contentious Of those who we're fight
I fnsy Fpr tha aarra prtuatplaa yvhioh 40
involved in the law creating the
counties of Lewis and CLARK, are now
turned down. The judges change
of mind may be based upon technical
points about which we know nothing,
but the principle involved in the
decisions is the same: Can counties,
existing at the time Of the adoption
of the constitution be abolishedl In
the cases cited above Judge Sullivan
says they can; in the case Of Lewis
and Clark counties he says they can
not. In the case Of Blaine county
IS. Heard the supreme court opinion
closes as follows:
Notwithstanding this case, in all
its salient points, has been heretofore
presented, aud considered by u, u
view Of its Importance we have again
gone carefully over the cause, as pre-
sented in the briefs aud arguments
Of counsel, and are convinced that
the contention nf appellants cannot
be sustained, and that the acts Of the
legislative assembly OF Idaho, session
laws 1895, establishing the counties
Of Blaine aud Lincoln are valid ana
constitutional laws. The decision Of
the lower court is affirmed, with
costs. > This is an opinion by Judge
Huston ooncurred in by Judges Sui
livan and Morgan.
His written opinion, when it Is
given to the public, may show why
he has reversed himself and give
satisfactory explanation Of his posi-
tiou. As it Is, be stands in a very
uneuviable light before the public,
and We fear that his action has given
some color to the persistent reports
that the supreme beuch Is swayed by
. k|AtAAHAA tAa1hAfFEs " LAfH EAGL
heard attorneys, men who are officers
OF the court, make the assertion that
the court Is subject TO political 10
tiueuce We do not 20 so far as that.
because We would hate to think the
bench bad descended TO such depths,
yet it Is a fact that the accusations
are puhlicaIIy made aud the court
should conduct itself 20 that nothing
Of the kind could be said
However, these. things do not
change the opinion Of Ailshie. which
is at least partially coucurred Ia By
sullivan, and unless a reheariug Is
granted on the motion now pending,
the matter Is at All end so far as the
courts are concerned. The decisions
quoted by Justice Ailshis in similar
cases from Illinois and Tennessee
we're claimed to have no weight in
Idaho cases a number Of years ago BY
Justice Sullivan, and when be goes
into the matter more fully, making
comparisons Of bis former position
and the great injustice this decision
i going to work on the public, he
may join Judge Stockslager in favor
ing a rehearing, and the will Of the
people may yet prevail as expressed
by the legislature in the passage Of
the division bill.
The decision Of the court Is a mat
ter Of grave importance and If 1t
stands probably means the continue
ton Of this county division Eight for
a period Of years, with all its dostruc-
tive forces both In a business and
political way. We have here a county
100 miles IN length. larger Ia area
than Massachusetts, sufficient terri
tory to form number Of counties
under the constitution, with taxable