The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1915-12-31
COUNTY LINE CHANGES.

matter in it's mildest form, puzzllne
to the mind of the average layman
1t will be recalled that this ltiga
ton was the outcome OF an attempt
upon the part of the last legislature
to detach some $500 acres OF rich land
valuable land from Giles county and
attach the same to the neighboring
county of Marshall. The bill was
passed over and in spite Of the en-
phatic protest of Giles county.
The act was attacked In the chan
Gerry court upon two principal
grounds. 1t was alleged that it was
unconstitutional because the territory
in question approached within less
than eleven miles of the court house
of Giles county and secondly because
the consent of two-thirds OF the
qualified voters of the territory af'
fected was not first obtained. The
chancellor held with Giles county
upon both points and declared that
act, for the reasons stated unconstl-
tutional and void.
The decision of the chancellor was
affirmed by the supreme court, but
that learned tribunal arrived at its
conclusion by wholly different
route from that pursued by the chan
cellor. The appellate court held that
the act was void because the territory
in question was in part less than
eleven miles from the court house
of Giles county. But upon the pro-
position that it was likewise uncon-
stitutional because the consent OF
two-thirds of the qualified voters OF
the territory affected had not been OBJ
tanned the chancellor was reversed.
The court held that this provision of
the organic law of the state did not
apply to changing of county lines.
AS matter of fact the constitu-
ton contains no provision respecting
the changing of county lines between
then existing counties 1t does, how
ever, provide for the creation of new
counties Among the provisions re-
specting the establishing OF new coun-
ties is one that mo line of such coun-
ty shall approach the court house OF
any old county from which it may be
taken nearer than eleven miles In
a long line of judicial interpretations
this provision has been held to apply
to the changing of county lines. The
courts have read the words chang
ing Of county lines into the consti-
tuition in SO far as this provision is
concerned. That is just what the su-
preme court did the other day in the
Giles and Marshall county case.
However, there is another provi-
sion Of the constitution Of equal force
with that quoted above touching the
creation of new counties and this pro-
vides that No part of county shall
be taken Off to form a new county
without the consent of two-thirds OF
the qualified voters in such part tax
en- of" Now the mystery to US and
to many laymen not versed in the
many intricacies of technical law, is
why does one of these new county
apply in the changing OF
county lines and the other provision
Of equal force not apply in such con-
That is the proposition
that we cannot understand. :
1t would seem that If one OF these
very wholesome provisions OF the or
aanic law regarding the creation OF
new counties should apply in chang
ing county lines the other should like
wise be invoked. II there Is to be
any difference or any choice in invok-
ing the protection of the two In
the matter of changing lines prefer
ence should be given to that provision
requiring the consent Of two-thirds OIL
the qualified voters of the territory
affected. This is wise and bench
cent provision and goes to the very
foundation of democratic government.
To permit a large portion OF coun-
tvs territory to be taken by force
and through legislative legerdermain
In utter disregard Of the wishes OF
the people affected and then to deny
judicial approval Of the same act be-
cause some two of the $500 acres OF
land in question lie within the inhib-
ted territory is, to the non-judicial
mind of The Herald, straining at
gnat and swallowing camel.
II this paper has understood the
reasoning and results Of the court
the situation is about this so far as
the famous Giles-Marshall controver-
BY is concerned: 1t will be perfect
" proper for the enterprising and am
bilious citizens of Marshall, who de-
sire an increase in the population and
taxable wealth of that county at the /