Shoshone County v. Profitt
Idaho Supreme Court
ORIGINAL application for writ of mandate to certain officers of Nez Perce county requiring them to cause to be issued and delivered to Shoshone county the warrants of Nez Perce county in compliance with the provisions of the act approved March 10, 1903, providing for the striking off of a portion of the territory of Shoshone county and annexing the same to Nez Perce county. Subject to constitutional limitation, the power of the legislature over counties is unlimited.
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ORIGINAL application for writ of mandate to certain officers of Nez Perce county requiring them to cause to be issued and delivered to Shoshone county the warrants of Nez Perce county in compliance with the provisions of the act approved March 10, 1903, providing for the striking off of a portion of the territory of Shoshone county and annexing the same to Nez Perce county. Subject to constitutional limitation, the power of the legislature over counties is unlimited. The leading case upon this question which is cited fully in one-half of the score of cases examined by the writer of this brief…
1Opinion of the CourtAilshie, J.
— The decisive question in this case is to determine the meaning of that portion of section 3 of article 18 of the constitution which reads as follows: “When any part of a county is stricken off and attached to another county, the part stricken off shall be held to pay its ratable proportion of all then existing Habilites of the county from which it is taken. ’ ’ It seems to me that this language is too plain and simple to either require or admit of construction. It continues the liability of the detached territory for its ratable proportion of the debts of the county from which it was taken.…
2Cases cited3 opinions
- Stein v. MorrisonIdaho Supreme Court · 1904
- Mills County v. Brown CountyTexas Supreme Court · 1892
- Commissioners of Vance County v. Commissioners of Granville CountySupreme Court of North Carolina · 1890
3Cited by9 opinions
- State v. TaylorIdaho Supreme Court · 1939
- Mundell v. SwedlundIdaho Supreme Court · 1937
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
- Idaho Press Club, Inc. v. State LegislatureIdaho Supreme Court · 2006
- Blake v. JacksIdaho Supreme Court · 1910
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