Jasper County Democrat, Volume 6, Number 41, Rensselaer, Jasper County, 16 January 1904 — GOODLAND LOSES OUT. [ARTICLE]
GOODLAND LOSES OUT.
Supreme Court Holds Newton County Seat Law Unconstitutional. supreme court last Friday knocked the last prop from under Goodland in her fight for Ihe county seat of Newton oounty, by declaring the whole act unconstitutional. >L The noted county seat fight in Newton coanty is familiar to most of our readers, and we will refer to it but briefly here: The county seat has been located at Kentland for the past forty years. Kentland lies four miles from the Illinois state line and about 1$ miles from the Benton county line, and since the settling up of the northern part of tbe county repeated Onslaughts have been mads on the legislature to have the coanty seat removed to a more central point. Finally, in 1899, a special act was passed allowing the contesting towns to vote on removal, and requiring 66 per cent of the votes cast to re-locate. In the event of no other town receiving the requisite number of votes within two years, it was made the duty of the county commissioners to cause a new court house to be erected at Kentland, something that is badly needed, ds the old ram-shackle building that through courtesy now bears this name is not worth SSO, and it is doubtful if one-half that sum could be realized for it were it sold at public auction. Well, Morocco and Brook each held removal elections bat failed to secure the necessary 65 per cent of the votes cast. Then preparations were made to erect a new coart house in Kentland, but , Goodland, whe had played her cards well and had given both Morocco and Brook a nice vote, shied her caster in the ring and wanted a try at the prize. The matter was taken into the courts and finally the supreme court decided that Goodland was eligible even though the two year limit had passed. Then Morocco and Brook wanted to return Goodland’s support and give her a good, complimentary vote, not dreaming that she could secure the required 65 per cent, as Goodland was even less centrally located than Kentland, being but one mile from both the Benton and Jasper county lines. But those north towns over-done the business, and Goodland got the required vote. Then a north township man sought to enjoin the removal of the county seat to Goodland, and the case was heard here by Judge Thompson and injunction denied. The next trouble arose when the county council refused to appropriate money to build the court house at Goodland. Mandamus proceedings were begun by Goodland. This case was heard by Judge Palmer at Monticello, again Goodland won out. The opponents to removal, however appealed to the supreme court and the decision just handed down declares the whole removal act unconstitutional and places the whole thing right back where it was forty years ago. The coart held: (1) Acts {899 page 210, relative to deciding the location of the Newton county courthouse by a popular vote, and requiriog the erection of a new courthouse at the site is unconstitutional, being “a local law * * regulating county business," prohibited by Section 22, Article 4. (2) While the Legislature might provide by local law for the relocation of the county-seat alone, the provisions of said act on that subject are so iuvolved with its provisions for building a new courthouse and paying the cost thereof that the entire act is void. Goodland has spent several thousand dollars in its fight, bought a block of grouud for the “court house square” and was very confident (hat the present case would be decided in her favor and all her troubles would end. Just what the final outcome will be, whether a new court house will be built at Kentland or whether future onslaughts will be made on the legislature to settle the vexed question, remains to be seen.
