McDonald V. Doust

Citations

• 11 Idaho 14
• 81 P. 60
• 69 L.R.A. 220
• 1905 Ida. LEXIS 33

Syllabus

<p>Constitutional Law —Act Abolishing a County — Power oe Legislature Over Counties.</p> <p>1. Section 1 of article 18 of the constitution recognizes the counties organized and existing at the date of its adoption, and it is not within the power of the legislature to destroy or abolish such governmental organizations.</p> <p>2. Acts inconsistent with the spirit of the constitution are as mueh prohibited by its terms as are aets specifically enumerated and forbidden therein.</p> <p>3. Act of the legislature approved February 28, 1905, entitled “An act to abolish the county of Kootenai within the state of Idaho, and create and organize the counties of Lewis and Clark within said state, define the boundaries thereof, and locate the county seats of Lewis and Clark counties, apportion the debt of Kootenai county between Lewis and Clark counties, and to provide for the appointment of officers in said Lewis and Clark counties, and for transcribing a portion of the records of Clark county, and to constitute said counties of Lewis and Clark a part of the first judicial district of the state of Idaho,” is unconstitutional and void in that it attempts to abolish and destroy an organized county of the state.</p> <p>(Syllabus by the court.)</p>