The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-04-01
LEWIS AND CLARK 4 MEMORY.
SUPREME COURT KILLS BILL
Chief Justice Sullivan Tarns . Double
somersanIt and Lands on Division BilI
-AiIshis IS Ringmaster- Justice stock
slayer Dissents.

4
oral decision in the famous Kootenai
county division case BY which the
law creating Lewis and Clark count
les is held unconstitutional, and
KOotenai county will remain rs Of
old, with Rsthdrum the county seat.
The decision dashes the hopes Of
and Occur d'Alene Of be-
ing county seats, at least till another
Legislature is convened or unless a
new trial is granted.
The decision Is not unanimous.
Justice Ailshie gave the opinion Of
the court Quashing the writ of mand-
anus and dismissing the proceedings.
The conclusions reached by Gustice
AiIshie were concurred in By Justice
Sullivan, although be does not con-
cur IN the whole opinion. Chief
Justice Stockslager dissonts from
both the conclusion and the opinion
entirely, and sets forth his views in /
q short opinion Of bis own.
The litigation is entitled "oharIes
Mcdonald. sheriff Of Clark county, |
versus Edwin Doust, sheriff Of Koot-
enai county, but who has qualified as
sheriff Of Lewis county. Mr.. Nc
Donald sued for q writ of mandamus
compelling Sheriff Doust TO turn over
prisoners and records belonging 20
Clark county. Mr.. Doust demurred,
and on the demurrer the eight Gas
made, resulting in the big victory for
Rathdrum. The attorneys for the
winning side were Fremont Wood and
Edgar Wilson. OF Boise, and G. l.
Hoffman, Of Rstbdrum.
is POWER LIMTTEDf
Justice AilshSe. in giving the
decision Of the court said, In part:
ITO my mind, the coatrolIing,
and, in fact, the only serious ques-
tion ia this case Is the power Of the
Legislature to abolish ard destroy q
county existing at the time of the
adoption Of the constitution. II this
question is resolved in favOr Of the
exercise OF such power, then. in my
! judgment, the act under c0nsidera-
tiOn must, stand If such power does
not exist, then the act is uDcOnstitu-
tionaI and void
There is no question In this case
but that the legislature had power to
create the county of Lewis and estab-
lish the county seat thereof at Sand.
point bad they left the remainder Of
the territory OrEanized as Kootenai
County. with the county seat at Rath-
drum. as IL had previously existed.
''It is also admitted that had they
not changed the name of Kootenai
and bed reongantaed the county con-
tanning the old county seat, the legis-
lature would have been powerless I'M
der ehe constitution to establish a
county seat at Occur d'Alens for the
same county In which the old county
eeat- RAthdEum-Eas located. Now.
then, is IL possible by saying they
abolish county and by the same act
recognized the territory containing
the old county seat under a new
name, with county seat atanother
town, they co0ld accomplish the ends
forbidden by the constitution and
thereby circumvent its OperationS
No REORGANIZATION.
''It seems to me, then. authority
granted by the constitution to create
new counties does not mean to re-
organize an old county under a new
name. II must mean new county,
an additional county, and not re-
organization or naming of an old
county.
Suppose some county should so
far forget itself as to elect a set Of
officers distasteful to the powers that
dictate politics and fortunes, and the
legislature should suddenly conclude
that the county ought as a matter of
political eNpediency to be abolished
and new county organized from the
same territory and new officers APP
pointed, who would conform to their
ideas Of government, with the county
seat in a neighboring town. Is 1t
possible that such an act Is within
the purview Of the constitution
think not.
cit follows from what has been
said that / consider the act under
consideration In violation OF the con-
stitution. Il is so held aud the writ
will be quashed and the proceeding
dismissed. g"
Justice Sullivan said;
81 concur in the conclusion reach.
ed by Mr.. Justice Ailshie. However,
there is one proposition discussed by