The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-03
CREATION OF NEW COUNTIES,


region have been in hopes that the leg
islature will create a new county from
parts OF Wasatch and Uintah. But it
appears that the State's IS Attorney Gen
eral holds this cannot be done under
the constitution; his reliance for that
opinion being upon section l Of article
II, which reads as follows:
The several counties of the Territory
OF Utah, existing at the time OF the
adoption OF this Constitution are here
by recognized as legal subdivisions Of
this State, and tho precincts and school
districts: now existing in said counties,
as legal subdivisions thereof. and they
shall so continue until changed by law
in pursuance of this article.
II seems TO us n far-fetched construc-
tion that would seek TO limit the power
of the legislature in the creation of new
counties by citing that section. espe-
cially when we consider section IN the
same article in connection with section
/. Section 3 provides for vote by the
voters living in territory affected by
changes In county lines, before such
changes take effect. evidently contenl.
plating the validity of action by the
legislature in changing county lines,
and probably also in creating new couu.
ties, as the legislature was accustomed
TO do in Territorial times, without
question We do not believe that Il
single member of tho constitutional
convention supposed that, in adopting
this article. any restriction was placed
upon the thcn-existing power of the
legislature to create new counties. Nor
do we believe that any such restriction
is imposed by that section.
However, Senator Wilson of the dis
trict comprising Wasatch and Uintah
counties has introduced resolution
proposing an amendment to the consti.
tuition, which will add to section l as
above quoted the following words:
The Legislature may by general law
provide for the formation of new coun
ties. and locating the county seats there
of Every county which shall be formed
from territory taken from any other
county or counties shall be liable for a
liabilities OF the county or counties from
which such territory shall be taken. Pro-
vlded, that no new. county shall be
county or counties to be dismembered
shall vote separately therefor
Clearly this proposed amendment to
the constitution ought to carry If there
as any real doubt about the power of the
legislature TO create new counties on
the vote Of the people concerned, as
provided in section 3 of the article re-
ferred to- The power of legislature to
create new counties is a power that is
generally conceded 10 be inherent IL
legislative bodies and is necessary in
the nature of things. For, in new
States, rs areas are settled up new
counties are imperatively required, and
inasmuch as there had never been any
question of the right of the legislature
to create new counties, that right was
undoubtedly assumed to exist, unaues.
tionably, in the legislative body; and
so it was supposed to be unnecessary
TO confer it in positive terms, How
ever, since this snag has been run
against, the legislature would do well
to clear the situation by passing the
resolution amendatory of the situation
as proposed by Senator Wilson This,
not because we favor the proposed new
county in the Duchesne region. for we
have no bias either for or against it.;
but simply because the hands of the
legislature should be freed from this re.
striction which the opinion of the At
torney- General imposes.