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.

Garden county further alleged that all along, prior to, and ever since the legislative act of 1895, Deuel county, within its inherent and statutory power, exercised jurisdiction and authority in all public matters over said strip of territory as a part of Deuel county, and continued so to do until Garden county was organized ; that since its organization, Garden county has continued to exercise such jurisdiction and authority, and does so at the present time ; that during all of this time, to the present, school, road and voing districts within said counties of Deuel and Garden, have embraced, and do embrace said strip ; that highways have been built, public schools established and maintained, elections held, justice administered, property assessed and the taxes collected and disbursed by Deuel and Garden counties; in all of which the residents and taxpayers have participated, and received the benefits and enjoyments thereof; without protest on their part or on the part of Arthur couny.