State ex rel. Chehalis County v. Superior Court

Citations

• 47 Wash. 453
• 92 P. 345
• 1907 Wash. LEXIS 786

Syllabus

<p>Counties—Establishment — Statutes — Constitutional Law— Presumptions—Validity. Under Const., art. 11, § 3, providing that no new county shall he established which shall reduce any county to a population of less than four thousand, or from a new county of less than two thousand, it cannot be assumed that the legislature has determined the prerequisite population, where the act attempting to create a new county contains provisions for taking a census to determine the population.</p> <p>Same—Validity op Act—Statutes—Certainty. An act to create a new county out of a county hounded hy several districts, is void for indefiniteness and uncertainty, where it provides that the petition and proceedings therefor shall he transmitted hy the governor to the superior judge of “the next nearest judicial district adjoining the judicial district” .in which the county in question is situated, there being nothing to determine' what superior judge or district was intended (Mount and Fullerton, JJ., dissenting).</p>