State Ex Rel. Scofield v. Easterday

(dissenting) — Believing that chapter 179, Laws of 1935, p. 705, violates § 4, Art. XI of the state constitution, and § 5 of the same article as revised by the twelfth amendment, I find myself unable to concur in the majority opinion.

Section 4, Art. XI, of the constitution reads, in part:

“The legislature shall establish a system of county government, which shall be uniform throughout the state, . . . ”

Section 5, Art. XI, before amendment, read, in part:

‘ ‘ The legislature, by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners,…