McDonald V. Doust
Idaho Supreme Court
ORIGINAL application for a writ of mandate. Alternative writ issued and upon hearing writ quashed and action dismissed. In this matter the defendant has filed a demurrer to the petition of the petitioner and attacked the constitutionality of the act of the legislature under which he is acting as sheriff of the county of Clark, state of Idaho.
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ORIGINAL application for a writ of mandate. Alternative writ issued and upon hearing writ quashed and action dismissed. In this matter the defendant has filed a demurrer to the petition of the petitioner and attacked the constitutionality of the act of the legislature under which he is acting as sheriff of the county of Clark, state of Idaho. In our judgment there is but one question for determination in this matter and that is, Has the legislature of the state of Idaho, under the constitution of our state, the right to abolish a county and create and organize others from such territory? The…
1Dissent
STOCKSLAGER, C. J.,
Dissenting. — The authority of the legislature to. create two new counties out of the territory comprising one county is the constitutional question before this court for determination.
There was no attempt on the part of the legislature in the act under consideration to cover up or conceal the purpose of the. act. After weeks of patient work in the committees the act creating Lewis and Clark counties out of the territory then comprising Kootenai county was reported favorably, passed both Houses by a large majority vote and was promptly signed by the chief executive of the…
2Cases cited7 opinions
- Wright v. KelleyIdaho Supreme Court · 1895
- People ex rel. Attorney General v. Alturas CountyIdaho Supreme Court · 1899
- Doan v. Board of CommissionersIdaho Supreme Court · 1891
- Bellevue Water Co. v. StockslagerIdaho Supreme Court · 1895
- People ex rel. Lincoln County v. GeorgeIdaho Supreme Court · 1891
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