Arthur County NeArchives History .....Arthur County An Orphan August 22, 1915
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Debra Crosby http://www.genrecords.net/emailregistry/vols/00010.html#0002467 April 30, 2018, 5:44 am

Nebraska State Journal Sun Aug 22, 1915
          ARTHUR COUNTY AN ORPHAN
    Wants To Be Assigned To Some Judge's District

 Will Ask Supreme Court To Decide According To
        Intentions of Legislature

   Legal proceeding will be institued shortly that
the supreme court may pass on the act of the last
legislature which formed new judicial districts for
the state. The trouble arises because District Judge
Grimes of the Thirteenth district believes he has 
no jurisdiction in Arthur county which was not 
named in the redistricting act.
   Attorney Theodore Barnes of Holdrege conferred
with the attorney  general's staff Saturday in
regard to the problem. It was decided that according
to precedent, the supreme court can rule in accordance
with the intention of the legislature and not follow
the literal wording of the act. Mr. Barnes exhibited
the following letter from Judge Grimes in which the
judge says he cannot act in a judicial capacity in 
the county which was not specifically named by the
legislature as a part of his district.
       The Judges' Decision
   "On examination of the session laws of 1915, I find
that a judicial appointment act was passed and the
Thirteenth judicial district comprises McPherson,
Logan, Lincoln, Deuel, Cheyenne, Kimball, Dawson and
Keith counties, and to my surprise, Arthur, by this
act, is not placed in any district within the state.
On examination of the history of the Thirteenth 
judicial district, I find that it was first formed by
act of 1891, and was made up of the counties of
Lincoln, Logan, Keith, Cheyenne, Deuel, Scotts Bluff,
Kimball, Banner, McPherson and Arthur counties.
No change was made in this district until 1911, 
Arthur county was not placed within or attached to
any judicial district, nor was it attached to any
couonty for judicial or other purposes.
   "in 1913 a new judicial apportionment was made;
The Thirteenth district by said apportionment was
made to consist of the same counties as under the
apportionment of 1911. By this last act Arthur
county was not placed in any judicial district,
but by special act, passed in 1913, it was provided
that the county of Arthur shall, until the same
is legally organized, be attached to the county
McPherson for election, judicial and revenue
purposes.
            Legally Organized Now.
   "Arthur county became legally organized before
the legislature of 1915 was elected and assembled.
When it became legally organized it ceased to be
attached to McPherson county for any purpose;
ceased to be unorganized territory; became entitled
to all the rights and privileges under the constitution
bestowed upon legally organized counties. By the
apportionment act of 1915, Arthur county is not
placed within any judicial district  the state, 
and of necessity it must so remain unti by some 
legal act the legislature assigns it to some
place in the judicial firmament. It stands without
any district court, because it is not within any
judicial district within the state. No district
judge has authority to sit and hod court within
that county, because no authority of any kind or
character is by statute granted to any judge for
so doing. Such being the facts and the law, the
federal court is the only tribunal to which the
citizens of Arthur county can apply, except in
such matters as the county judge has jurisdiction;
and this condition must so remain until the
legislative duty of assigning the county to some
judicial district is performed. For the reason
assigned above I hand you the order herein."
            Certain of Success.
   After the conference it was the opinion of 
both Mr. Barnes and  Mr. Ayres that the supreme
court will uphold the statute and construe the
statute according to the meaning of the
legislature; that the legislature intended
to have Arthur county in Judge Grimes' Thirteenth
judicial district, and to leave it where it
had been, before and after its organization
as a county. Former decisions, they say, have
established the priciple that it is within
the province of the supreme court to rule in
accordance with the intention of the legislature
and not follow the literal wording of the statute,
as was decided in state ex rel vs. Douglas county,
where the statute especially states that the
county clerk was to have $1,500 salary when
it was evidently the intention of the legislature
to make the salary $2,500. Seventy-five Nebraska.
Also in the case of the state vs. Richards, they
repealed section 11, when the intent of the
legislature was to repeal section 12, the 
supreme court making the decision, decided
that the intention of the legislature to repeal
section 12 and that said section was repealed.
   As it now stands in Arthur county, they have
only the county court and the federal court 
where the amount involved is $3,000 and more.
   Legal proceedings will be taken to have
the supreme court pass on the legality and 
constitunionality of this act, house roll 413,
and with belief on the part of Mr. Barnes, 
that the act will be declared legal and
constitutional.

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