The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-01-04
ORGANIZATION OF
COUNTIES FAR OFF
AMBITIOUS SOUTH DAKoTAlJs
SEEK LEGIsLATIvE4 ACTION.
Statutory Provisions Forbid Changes in
County Lines Till Submitted as an
Issue at Next General Election-In-
vestigation Of Statutes Brings Disap-
pointment to People Of Western
B Lyman and Stanley.
srecial to The Journal.

Special to The Journal
Pierre, s. D., Jan. Am Investigation Of the
statutory provisions shows that the people Of
western LYNN and Stanley counties who desire
county organization for themselves have long
trail before them before they can secure that
privilege. "
Section 1 Of article TX Of the constitution
says '"The Legislature shall provide by gen
erai law for organizat ton of counties, locat-
Ing the county seats thereof, and changing coun-
tys lines, but no new county shall be organized
so as to include an area of less than twenty
four congressional Townships; nor shall the boun-
daries of any organized county be changed as
to reduce the same to a less area than above
specified. All changes in county boundaries in
counties already organized, before taking effect
shall be submitted to the electors Of the county
or counties to be affected thereby, at the next
general election thereafter, and be adopted by a
majority Of the votes cast in each county at
such election Counties now organized shall
remain ag they are, unless changed according to
the above provisions"
No County Division.
: This constitutional provision shows plainly that
nothing can be done In the way OF county diyis-
ion without legislative action, which shall be
submitted to the voters Of the county or counties
affected at the next general election thereafter.
This would meap that the people who desire
new county must come to the next legislative
session, and SECURE consent for county division,
and, after securing such consent the people Of
all the district affected must vote upon the
matter, and majority Of both proposed counties
must adopt the change. '...s -... a.. =
The legislature has never made any provision
by general law for the division Of counties. The
1908 session made provisions for county consol:-
dation, by which unorganized counties west
Of the river were taken in by the organized
counties, but the provision for dividing is yet
to be made. The people of the unorganized coun-
ties made fight in the court against being swal-
lowed by, the organized counties without being
given the right of vote, but the supreme court
COnSfftn of
did not run In an unorganized territory, where
there was no legal machinery for voting pro-
Representation Not Possible.
Even II the new counties SECURE organization
py 19OS, under further constitutional provis-
ION, which allows legislative superintendent only
Following either state or federal census such
county would be deprived of legislative repre-
sentation until the session of 1913 following the
apportionment Of 1911. They would be in the.
same shape as Lyman county, which sent a rep
resentat1ye to the 1895 session in Olaf Nelson,
who found he could not serve. He was made
clerk of the committee on rules and given the
talking right Of delegate" but not allowed
to vote. q. -.@'". - :, To'@0
The probabilities are that If the people of
the western parts Of Stanley and Lyman secure
division, they will receive the required ma
Jortty votes in both the old and new counties
as the new counties to be created would want
such action for themselves and the county-seat
towns In the old counties would be willing to
lCIs ul0al ouoSiuS teIrltOFy go raEler Inan4 take
chances on az county-sea removal campaigngpiE
:. + Supreme Court Decisions. =
The supreme court has just handed down two
opinions OF tax suits which are Of more than
passing interest In one that Of the Fremont
Elkhorn & Missouri Valley railway against
Pennington county, the court in an opinion by
Justice Haney, holds that the Limitation of tax
levy of mills for all county purposes, which
was fixed by the legislative session Of 1890, IS
unconstitutional and Of no force, but that the
are, in force, so far as they do not affect con-
tracts made by the county, in which case the
necessary levy must be made to meet such con-
tracts.
In the. case Of g. r. Salmer against the county
commissioners Of Clay county, covers in an opin-
ion by Justice Fuller; the question of the right
of the county board Of equalization to place on
local assessor. In this case the county board
attempted to place on the list moneys and cred
Its of Salmer to the amount of $2,4OO which he
had forgotten to return to the local assessor
| The supreme court holds, in effect, that this
| could only be done by court procedure, and the
| sent back to have the property listed in the
| proper manner for assessment for last year.
| # National Guard Needs Funds.
The state auditor reports that the appropria
ton for the present fiscal year for the national
| guard has been completely exhausted. and that
! the guard will have to get along from now until
! the LIST Of July without funds. At that time
| the appropriation of $4,000 for the next yeal
! will be available. The guard receives certain
amount from the general government and all il
| will have to work for the rest of the veal
/ win be whatever is yet in that fund, which doe:
! not go thru the hands of the state auditor.