This range line was generally recognized by county and state officers and citizens as being the eastern boundary of Deuel, despite the fact that as there had been no vote of the people on the question, the statute of 1895 was unconstitutional and void.

About a year after the time of the organization of Garden county in 1910, McPherson county then having charge of Arthur county judicial and revenue purposes, brought suit to enjoin the officers of Garden county from collecting taxes against persons or property in the territory lying between the 25th degree of longitude and the west line of range 40. This suit dragged along for a couple of years and Mc- Pherson county decided that they had mistaken their remedy and dismissed the suit.

In the year 1914, Arthur county having started up their regularly organized county business, filed suit in quo warranto to oust Garden county and its officers from the same strip of territory in question in the above mentioned McPherson county suit. The contention of Arthur county was, that the original eastern boundary of Cheyenne county, to-wit, the 25th degree of longitude, must hold for Cheyenne county's successors, Deuel and Garden'counties ; that the Statute of 1895 was unconstitutional and void and therefore the exercise of control over the disputed strip by Garden county was illegal. < >n the other hand, Garden county contended that the 25th degree of longitude was wholly unknown and an imaginary line and that no attempt was ever made by anyone to have it surveyed and marked on the face of the earth until the year 1912; denied that said line became, ever has been or is the east line of Garden county, the west line of Arthur county, or the boundary line between Garden and Arthur counties.