Philip weekly review. [volume] (Philip, Stanley County, S.D.) 1907-1912, 1910-09-15

small task, and it should be en-
tered upon only after careful con-
sideration of all that is necessary
to be done. Believing that the
voters of the county are desirous
of having definite information on
this and other subjects connected
with county division the Review
will from time to time during the
next few weeks publish series of
articles that will, we believe, con-
tain some pertinent facts concern
ing this matter.
In the first place, a county is a
subdivision of the state with GER
tain powers delegated to it by the
state. 1t is created for the pur-
poses of local municipal govern
ment, and the state simply sur
renders to it certain powers in
order that smaller municipality
may accomplish that end.
In this state counties were for
merly organized by act of the legis-
laturs and we have had various
legislation concerning the manner
of such organization. In 1907,
however, the legislature passed an
act that is our present law upon
this subject. That act provided,
as our readers probably know by
this time, that county can be
divided and an new county created
only upon the petition of major
ity of the electors residing in the
proposed county. This petition is
presented to the county commits
sioners for approval or rejection.
In the failure of the board to grant
a valid petition signed by the re-
quisite number of voters, it is some
times necessary to make applica-
tion to the circuit court for what
is technically called writ of man
damus to compel action on the part
of the board. Failure to obey the
writ is in most cases followed by
punishment for contempt of court.
After the question of county
division has been ordered submit
ted by the board, 1t becomes the
duty of the county auditor to pre-
pare the necessary ballots, return
sheets, and give notice at general
election. The question is then
voted upon at the following general
election, every legally qualified
voter in the county having a vote
upon every division proposition
that may be submitted.
Our statute then provides that
If a majority of tho votes cast at
the next general election in such
county shall be favorable to such
division Of such county, the portion
thereof in which the county seat
thereof is located shall retain the
name and organization of such
county, and the portion in which
the county seat is not located shall
take the name prayed for in the
petition for tho division of the
county, and the governor of the
state shall forthwith proceed to
organize the same as a county un-
der such name, in the same man
ner as is provided by article two
of chapter twelve Of the Political
code of 1903, and until such organ
ization is perfected the said portion
of such county shall for criminal
and civil purposes, remain and be
. portion of such original county.
ANY bonded Indebtedness of
such county shall be apportioned
to each new division, ratably upon
the basis of the last assessment
previous to the division thereof,
and each portion of such county
shall be charged with and pay its
just portion of said debt, upon the
basis of such apportionmsnt, and
the newly organized county may
issue bonds to meet its portion
thereof. Provided the warrant
and floating Indebtedness of such
county shall Be apportionsd in the