The Fremont County record. [volume] (Canon City, Colo.) 1877-18??, 1881-12-03
Gen. Freeman,s Remarks on the College
Injunction Bill.

Gen. Freeman's Remarks on the College
Injunction Bill.
The following report of the re-
marks made by Gen. Freeman, at the
public meeting called to give express
sion to the feelings Of the citizens in
relation to the Injunction, has been
handed in for publication. Gen. Free
man spoke substantially as follows:
In all matters pertaining to the
public interest and public education
and especially where the public acts
of the county commissioners, who
were invested by law with the legis-
lative power of the county, it is prop
CT TO inquire what their powers over
the court house were, and what their
alleged unlawful conduct really was.
Gen. Freeman then stated that the
board of county commissioners were
Invested by the constitution and
laws with the entire legislative pow
er of the county, and in this capacity
had unlimited jurisdiction over the
county property, and in support of
this proposition read from the Cen
eral Laws of Colorado, page 90, as
follows:
The board of county commission
ers OF each county shall have power
at any meeting: 1st. To make such
orders concerning the property be-
longing the county as they may
deem exL tent. Sd. TO build and
Keep in repal.-c"lnty buildings. 4th.
To represent the scinty and have
the care of the county property and
have the management of the IIslness
and concerns of the county III all
cases where no other provision is
made by law"
Also an act of the legislature of
1851, authorizing the county commits
sioners to appoint commissioner TO
sci, and convey any real estate be-
longing to the county. Acts of 1881,
page G4. Sec. l..
Gen. Freeman then remark ed that
all these powers were legislative
powers-any act of the commissioners
within their scope was n legislative
act from which there was no appeal.
ard over which the judicial power of
The state had no jurisdiction, but on
the contrary the judicial department
were forbidden by the constitution
from interfering with the legislative
department.. AIT. 8 Const.
Gen. Freeman then said the con-
tract of the commissioners, leasing
the use of the court room, in which
at stated periods, the courts were to
be held. Said lease granted the use
of said court room to the college only
at such times as the room was not
wanted for the use of the courts,
from Nov. 18th, 1881, 10 June 1st,
1881, then to be returned in as good
condition as when leased The COL
lege 10 pay rent of $500 to the coun-
ty for the use of said room.
Gen. Freeman said the power OF
the commissioners over the court
house was unlimited. They could
lawfully sell The same, and of course
the lesser power to lease the use of
the same when not needed for aDy
other public purpose required by
law, was fully and expressly granted.
The power conferred Oh them for
this purpose was not forbidden by
any subsequent law, and therefore
beyond the power of Judge Bradley
to enjoin the board from making the
lease. The general allegations Of the
injunction bill that the lease vas un-
lawful was untrue, alike in law and
i'll fact, and Judge Bradley had im-
proVidently granted said Injunction
and would dissolve said Injunction
when The law and the facts were
called TO his attention by motion for
that purpose.
Gen. Freeman followed this legal
presentation of the case with many
amusing and entertaining structures
on the assumption Of the petitioners
OF the power TO repeal and defeat the
legislative powers of the county COM
llIsEIOnars lal 1,
the three last resolutions contained
in the paper of last week. His argu.
ment and remarks were received
with repeated manifestations of ap-
plause, and the resolutions he offered
were carried with only three dissent
ing votes. They we're afterwards
made unanimous.
NoTE.-Tbe RECORD gave o pretty
full report of the meeting in last
weeks issue, but IT has been urged
TO print the above report of Gen.
Ffceman's remarks in order that the
public may see the legal merits of the
case as presented by him.
The RECORD has no hesitation IN
saying, right here, that It is heartily
80 ioNoi VI VIC OF Inc
military college in Canon City. L.
believes the agitation growing out OF
this matter will very materially ben
eft the college by raDlying its friends
more closely around il. In this res
pect the injunction and the result
ant agitation have helped the college
But the questions as to whether the
court house is the proper place fol
the college to start in, or whether tho
commissioners have any right Il
=. lease the court house for any suci
purpose Except by unanimous con
sent of all the tax-payers) is cns
about which there is considerable
difference of opinion. 1t is, there
fore, very important point TO have
definitely settled by the court after
hearing the srguments ON both sides
The RECORD docs not agree with
Gen. freeman that the county com.
smiesioners arc above The law ami
cannot be -cDjoined. Any executive