Rocky Ford enterprise., 1894-03-29
OUTS BOTH WAYS.
The Supreme Court Renders an OpiaIon
Against the Governor and the
Old Denver Fire Board.

The Supreme Court Renders an OpinIon
Against the Governor and the
Old Denver Fire Board.
The Supreme Court on the Path rendered
an opinion in tho Denver Fire and Police
Board dispute, which the two sides claim ns a
victory. Tho opinion in brief is that the
governor has the right to remove Messrs.
Orr and Martin and appoint their successors,
but he has no right to call out the militia to
induct them into office. The opinion Of the
court Is technically refusal to answer the
question asked by Governor Waite As to who
10 legally entitled to positions on the police
board.
In opening the court states that such ques-
tions Is the one submitted 1t has heretofore
refused to answer. But the gravity Of the
situation causes them "to give an opinion on
the facts as submitted, without prejudice to
the right Of the parties to show other or DIFF
ferent facts"
Tho court, after quoting the opinion pre-
viously rendered in the case Of Commissioner
Trimble to show the power Of the governor
to remove such commissioners, says:
Their efore, II the statement Of the cause as
sirneT for the removal Of Orr and Martin be
true, a. 1t must be upon this inquiry, aud the
removal was made therefor and not for
was clearly within the power conferred upon
him by the Legislature under the doc ctrine an
nounced In that case, and 1t follows that up
on notice Of such order Of removal the right
Of Orr and Martin to hold the offices and
exercise the powers Of fire and excise COM
missioners Of the city Of Denver terminated; !;
and Mullins and Barnes, II duly appointed
and qualified a. set forth In the foregoing
statement, were entitled to enter upon the
duties of those offices respectively. But 1t
&,,u from the communications
submitted that Orr and Martin refuse TO sur
render the offices, and for some reason ques-
ton the validity Of the order of removal and
the legality Of the appointment OF Muliin
and Barnes.
That no further doubt may exist upon this
question, We say, without hesitancy, that II
the executive order Of removal 10 questioned
by the incumbent, the courts have the power,
and It is exclusively within their province, 10
pass upon such objections and determine as
between the respective claimants the right to
the office in question, and the law provides q
plain and adequate procedure for that pur-
pose, and speedy determination OF such
question is insured BY express statute. Mills
will, and all others should be required to.
submit such controve rsies to these tribunals
for settlement Tho district attorney 10 en-
powered by statute 70 bring an action Tor that
purpose. Code Sec. 2S9.
In regard to the power Of the governor TO
Call OUT tuc Lullbik A0t sAo RuAfSSS ~ So0AAy
oustiug Orr and Martin from the city hall, the
court says:
We are clearly of the opinion that the gov
ernor IL greatly In error In assuming that 1t
deyolyes upon him to enforce bis order Of re-
moyai. His constitutional oath TO take care
that the laws be faithfully cxecuted'' imposes
no such obligation upon him. His duty and
responsibility cease upon the making OF the
order of appointment, and any attempt ON
his part TO personally enforce such order or
Install his appointees is beyond any express or
implied duty or power imposed or conferred
upon him BY constitution or statute.
The police, fire and excise commissioners,
though appointed by the governor. are not
state officers, nor are they charged with duties
pertaining TO the chief executive department
Of the state. They are municipal officers. the
same IS the mayor and other officers OF the
clty'elected by the people. We are unable to
see how the governor 10 charged with the duty
of seating . member Of the fire and police
board anymore than he Is charged with the
the duty OF seating any municipal officer
elected BY the people. VIII 1t be contended
that It 10 the duty Of the chief executive OF
the state To Install into office, by force Is nee.
essary, every county, precinct or municipal
officer whom he may deem entitled to such Of
dee In advance Of the determination Of any
controversy that may arise corecrnina snch Of
Aeei 4 proposition 10 ffaught with danger
70 every pSiss'pk 0f fsss govsfhnsst Cannot