The Kadoka press and Kadoka reporter. [volume] (Kadoka, S.D.) 1910-1923, 1915-11-26
Stanley County Loses
In Settlement Matter

1
cry contention between them and
the mother county, by the Supreme
Court decision handed down on
Wednesday the 18th.
The following article from the
Philip Review goes into the deci-
sion and will be interesting reading
to our taxpayers:
The supreme court yesterday
handed down a decision on the
mandamus proceedings brought by
Stanley County against the new
counties OF Jackson and Haakon,
to compel the latter to assume their
share of the liabilities. The pro-
ceedings were contested by the
new counties, the contention being
that division took place on election
day instead of the date of organ
ization in February, and that there
were assets in which they were en-
titled to share.
The opinion, which was written
by Justice Policy, holds first that
mandamus is not the proper pro-
cedure for the disposal of such is
sues as are raised in this case, and
holds further that so long as the
matter must be settled either in or
out of court, that it will lay down
rules for such settlement. The
rule as to the date when the new
counties really came into existence
is fixed, as election day, Novem-
ber I2th, as the basis for such set
tlement. Stanley county contended
that the new counties were not en-
| titled to pro rata share of the val
ue OF the county buildings left in
that county the supreme court
rules that they are entitled to such
share, that permanent improve
ments must he considered and the
new counties be given credit for
rhe same before the division of the
debt is made.
The wisdom of the commissions
ers OF the new counties in oppos-
ing the demands of Stanley county
are thus sustained. At first the
mother county demanded that
pro rata share OF the liabilities be
assumed, and that we were not
even entitled to share in the cash
on hand February Ist, which they
! held was the date upon which set
tlement should be made. Later
S they expressed the willingness to
allow us to share IN that cash, a
: total of $4,000. On election day
5 approximately 500 was in the
e county treasury, little matter OF
E SIo,o 900 additional to be distribut-
. ed. The warrant indebtedness in
D November was $50, 600 or SO less
r in November than on February Ist.
= The court house alone is valued at
s $50, 900, which gives the new coun-
! ties at least their proportionate
+ share of 500, 900 for credit as
: against their share Of their liabili-
ties.
With these rules as basis up
u on which to estimate, the follow
ing figures show the approximate
share in the assets and liabilities
F" of the mother county: Haakon
county, share of assets s25, 900:
: share OF indebtedness $40, $50; net
= Indebtedness S2l.25o. Jackson
? county, share of assets Ss2, 500,
. share of liabilities s27,5o net in
: debtedness $4,000. tits Just pos
: sible that there are other credits
= which the writer has not taken into
consideration.
/ The occasion is one for which
4 any taxpayer in the new countie:
d may be pardoned for feeling jubi
n lant They may well shake hand.
is with themselves and with thei
ir neighbors. And, incidentally, i
t, may be remarked that the stan,
L taken by the pro-divisionists, il
er the campaign of year ago. whel
or it was remarked that the new coun
y les would find it possible to cas-
ID in on their share of the assets 6
T. the mother county. has been vin