
    Territory, etc., Respondent, v. Board of County Commissioners of Cass County, Appellant.
    Counties — Officers — Powers.
    The board oí county commissioners has the power to change the boundaries of the commissioner districts of the county.
    (Argued and determined at the February Term, 1888.)
    APPEAL from the district court, Cass county; Hon. W. B. McConnell, Judge. !-
    This was a proceeding in mandamus by the Territory on the relation of Chas. F. Templeton, attorney-general, plaintiff, against the board of county commissioners of Cass county, defendant, to compel it to recognize the commissioner districts as established under chap. 33, Special Laws, 1883, as the districts of the county.' It appeared that Cass county was organized in 1873; that on the 28th of March, 1883, the county had been divided into five commissioner districts by the commission created under that act; that on the 23d of September, 1884, the board of county commissioners of the county finding that the boundaries of districts 4 and 5, in some instances, conflicted with certain civil township organizations, which,under section 120,chapter 112, Laws 1883, were made election precincts, “ thus disfranchisinglegal voters in the choice of their district commissioners,” changed the boundaries of these two districts; that on the 3d of January, 1887, said board, at a regular session, passed a resolution prescribing the boundaries of all of the districts which were different from, those fixed by the commission; that on the 26th of September, 1887, the July session of the board having been regularly continued to that time, re-adopted their resolution of January 3d, as some doubts as to its validity had been expressed. At the hearing on the return to the alternative writ, the court, finding the facts as above, concluded that the action of the board on the 23d day of September, 1884, the 3d day of January, 1887, and the 26th day of September, 1887, “ was, upon each and all of said occasions, without warrant of law and void ” and, that the plaintiff was entitled to a peremptory writ of mandamus commanding said board “ to recognize in all of their proceedings the commissioner districts as limited, bounded and defined by the resolution and authority of the commission, established, created and acting under the Special Laws of 1883.”
    After the entry of final judgment the defendant appealed.
    
      A. D. Thomas, for appellant.
    The board had the power to change the boundaries of the districts. See §§ 1, 2, chap. 4, L. 1868-9 ; §§ 1, 2, 3, 4, 6, chap. 27, L. 1874-5; §§4,15,16, 18, chap. 21, Pol. C.; chap. 40, L. 1885. A mere change in the phraseology of these successive statutes raises no presumption of an intent to change the law. McDonald v. Hovey, 110 TJ. S. 619, 4 Sup. Ct. Rep. 142; State v. MacColl, 9 Neb. 203, 2 N. W. Rep. 213; Fullerton v. Spring, 3 Wis. 667; Wright v. Oakley, 5 Mete. 400. From the organization of the county till the revision in 1877, without question, the commissioners could change the lines of the districts once every three years. It is equally clear their authority was continued by section 4, chapter 21, Pol. C. See, also, § 16, same chap.; §§ 21, 26, chap.' 40, L. 1885. There is nothing in chapter 33, Laws 1883, inconsistent with this power. Repeal by implication is not favored. Plain v. Bailey, 25 Ind. 165 ; Oohill v. State, 37 id. Ill; Taylor v. Board, 67 id. 383.
    
      G. JB. jPolloeJc, for respondent.
    After the organization and division of the county the commissioners had no power to change the districts. A county is a body corporate for civil and political purposes only. § 13, chap. 21, Pol. C.; Dill. Mun. Corp. 30, 31; Cooley, Const. L. 295 ; Tread-way v. Schnauber, 1 Dak. 238. Its powers are not so extensive as those of a city. Dill. 30; State v. Commissioners, 25 N. W. Rep. 91. They have only the powers expressly given, and such' as are essential to the objects of their creation. Clay Co. v. Simmons, 1 Dak. 391; Yincent v. Nantucket, 12 Cush. 103; State v. Smith, 31 la. 494; Minture v. Larue, 23 How. 435 ; Dill., § 55 ; Thompson v. Lee, 3 "Wall. 327; Logan v. Pyne, 43 la. 524. In view of these rules, chapter 21, Pol. C., chapter 33, Special Law 1883, and chapter 40, Laws 1885, are the only sources from which the power claimed can be derived. Chapter 40, Laws 1885, has no application to Cass county. It was intended for the organization of new counties. In the statutes referred to prior to the revision no such power is expressly given, nor is it by section 4, chapter 21, Pol. O. Clearly it is not in express words, nor is it incident to the powers granted, for those are to the “ commissioners appointed under this act.” The power is not necessary for the purposes of the corporation. Section 16, chapter 21, Pol. C., provides the districts are to “ continue as now constituted until changed as provided by law.” The manner of such change was afterward provided, chapter 33, Special Laws 1883, this change was hadit was different from that provided by section 4, chapter 21, Pol. C., and all inconsistent acts were repealed, appellant was, therefore, left without power to change the boundaries. .
   By the Court :

The peremptory writ in this case is set aside, and the action of tbe court is reversed upon tbe ground that the court erred in holding that the board of county commissioners had no power to change the boundaries of the commissioner districts.

All of the justices concur.  