new counties embraced the entire “Black Hawk Purchase,” and were the only counties created within the limits of the territory embraced in Iowa, by the Legislative Assembly of Michigan, while it was a part of that Territory. When it became a part of Wisconsin Territory twenty-two counties were created; and when Iowa Territory was created, twenty-three additional counties were established. After it was admitted as a State many changes were made in the boundaries and names of counties and the remainder of its area was divided into counties until they numbered ninety-nine.
The organization of the older counties was provided for by special legislative acts; but the First and Fourth General Assemblies of the State provided general laws directing the method of county organization. The Constitution of 1857 gave a measure of stability to the boundaries of the counties as they then existed and all attempts to create new counties, divide or change the limits since the adoption of that Constitution have failed. The act expressly prohibits the creation of a county having less than four hundred and thirty-two square miles. The counties of Mitchell, Worth, Winnebago, Emmet, Dickinson and Osceola were each found to lack sixteen square miles but, by the terms of the Constitution, their boundaries were not interfered with.
Another clause of the Constitution provides “That no law changing the boundary lines of any county shall have effect, until upon being submitted to the people of the counties affected by the change at a general election, it shall be approved by a majority of votes in each county cast for and against it.” In 1862, notwithstanding this provision, the General Assembly passed an act authorizing counties to readjust their boundaries as they might see fit. Acting under this statute the people of Monona and Crawford counties moved the division line between them six miles west. The Code Commissioners in 1873, regarding this action as in conflict with the
