The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-06-27
SUPREME COURT SUSTAINS
DISSOLUTION JUDGMENT
County Seat Of Mcintosh County
Remains al EufauIs, Court
Also Decides

swanson, the troublous county 81
southwestern Oklahoma, Is no more
Ihe supreme court today affirmed
The Judgment OF the district court FOR
Comanche county that the new couu.I
ty, erected from Comanche and Kio-
wa counties, should be dissolved.
The supreme court decided that the
county seat OF Mcintosh county, Shall
remain at Eufanla.
The lack OF approval by GO per cent
Of the voters la the portion Of CO.
tnanche county sought 10 be detached
was the immediate cause OF the dis
solution OF swanson county The 81.
preme court holds that so per cent
lcf any portion of any county must beI
favorable TO detachment before It can
be incorporated III new county. The
decision is OF the utmost Importance
In new county matters, making the
formation Of small counties cut from
several large counties very much
more difficult
Has Had stormy Career
Swanson county had stormy ca.
reer OF something over q year. I'll
was fought from without aud withlnI
and fits internal brawls made IL fam
Gus over the country The conten
ton between Snyder and Mountain
park over the county seat resulted mi
murder and fights, midnight raids and
revolutionary practices generally Inl
! the election on the question OF erect
ling new county the Comanche di.
I vision voted nnfavorably. The neW
county advocates put up the claim
that all that was necessary was COL
per cent Of the vote OF the territory.
without regard to old counties. mi
The combined territory The PROPOSE
ton carried.
In the opinion, written by Justice
Kane, the court holds that counties
have a right 10 retain their existence
| ln boundaries marked by the cnnsti
tuition until they see m 20 change byI
d 80 per cent vote. Vt is held that
| legislatures and governors have very
| limited powers in new county affairs
and that The people OF the territory
involved are supreme Ia their prefer
ebces.
The go per Cent Provision
| Justice Kane holds that II the pro
vision for 80 per cent favorable vote
should apply 10 a whole proposed new
county instead OF applying to tue IN
ldNidYal sections affected 1t would
! be possible to detach section from
any county and put u IN another
county, even II every voter IN SUCH
section should oppose the change
! The case Was tried by DlatricI
Judge J. r. Johnson. who last fail,
ordered swanson mjunty dissolved
! II has been running under a stay oil
Judgment aud fighting over q county
seat The action was brought By j+I
A Fain, county attorney Tor Conan
| che against The officers of SWans0nI
county, az follows ! ~ ArmstT0ng,I
IJ w. Wilson, r. " Rake8trny, q. +
lBull, Frank Il. Cease, MI C Meyers,
hugA Franclse0, N Ok Rlnke. Jo-I
se3h Beasley, l. N Arnold and Char
les Hunter.
| syllabus u the Opinion
The syllabus of the opinion Is.
III the action be Tor usafpng a
| franchise by corporation. It shOuld
/ be against the corporation, but Il IofI
lusurping the franchise % be cor
! poration. II should be against the
partlcnlaf persons guilty Of the aaafa
alton By assuming 70 act IN q cor
pt rate capacity, and nef against the
corporation as such
Whether the organization ot new
lecnnty is Fepugnant % the proFisl0is
~ the constitution pertaining 10 thai
snbiecg. Ii d judicial question, ana
\ the state Is GOT estopped - question
i stch organization upon tAat ground
lby a prior recognition thereof by the
Legislative and executive departments.
/ Under section 4, article III of tiis
constitution, before ne~ county can
bo created by transferring territory
from an existing county III c0anties
li3 tha proposed county, sach question
sNau ~ Aahmitfkd ~ d y0te VI thu
io3aIiaad electors reading IA the ter.
Y ritorg tu 10 formed Into such ReW
county and there must be sixty per
icennim Ol the vote cast In tile par
lsjcular territory detached from eaca
cmnty III favor OF such transfer
rggz4iz checot1n Contest
ii tAe Mcintosh county case Che
lcusah was appellant against Euiania,
tor the last Two years recognized AZ
\ the county seat Il was held thai
lthe ballots III question we're n0t la-
lyala of void ~ reason 0f defects AT
lsaed ana that the affidavit made by
VOTERS. under q form submitted INT
4 ifsrmlF. Vas tt substantial compliance
lu.tth me sfatnles. CheeOtah bad Hggs
4 Cd large number ol 1echAlcal o1-
'lfeft1nns To fhe election which result