The Bessemer indicator., 1894-03-31
AFFAIRS AT DENVER.
THE COURTS ANSWER.
The Supreme Court Replies to Governor
wAits's Question, by Giving
All PARTIES . Lot
Of Ad vice,

All PARTIES = Lot
of Advice.
The Supreme court on the Gath rem
dered an opinion in the Denver Fire
and Police Board dispute, which the
two sides claim as \ victory The
opinion in brief is that the governor
has the right to remove Messrs. Orr
and Martin and appoint their success
sors, but he has no right to call out
the militia to induct them to office.
The opinion of the court is technical
ly refusal to answer the question
asked by Governor Waite as to who is
legally entitled to positions on the
police board
In opening the court states that
such questions as the one submitted it
has heretofore refused to answer. But
the gravity of the situation causes
them ''to give an opinion upon the
facts as submitted, without prejudice
to the right of the parties to show
other or different facts.
The court, after quoting the opinion
previously rendered in the case of
Commissioner Trimble to show the
power of the governor to remove such
commissioners, says;
Therefore, if the statement of the
cause assigned for the removal of Orr
and Martin be accepted as true, as it
must be upon this inquiry, and the re-
moval was made therefor and not for
political reasons, the action of the
governor was clearly within the power
conferred upon him by the legislature
under the doctrine announced in that
case, and it follows that upon notice
of such order of removal the right Of
Orr and Martin to hold the Offices and
exercise the powers Of fire and excise
commissioners of the city of Denver
terminated; and Mullins and Barnes,
if duly appointed and qualified as set
forth in the foregoing statement, were
entitled to enter upon the duties of
those offices respectively. But it fur
ther appears from the communications
submitted that Orr and Martin refuse
to surrender the Offices, and for some
reason question the validity of the
order of removal and the legality of
the appointment of Mullins and
Barnes.
That no further doubt may exist up
on this question, we say, without hes
itancy, that if the executive order of
removal is questioned by the incum-
bent, the courts have the power. and
10 l. hn,
to pass upon such objections and de-
termine as between the respective
claimants the right to the Office in
question, and the law provides plain
and adequate procedure for that pur-
pose, and speedy determination Of
such question is insured by express
statute. Mills An. Stats p. $50. All
law-abiding citizens will, and all
others should be required to, submit
such controversies to these tribunals
for settlement. The district attorney
is empowered by statute to bring an
action for that purpose. Code Sec.
2S9.
In regard to the power of the COVER
nor to call out the militia for the pur-
pose Of ousting Orr and Martin from
the city hall, the court says:
We are clearly of the opinion that
the governor is greatly in error is as
suming that it devolves upon him to
enforce his order Of removal. His
constitutional oath to take care that
the laws be faithfully executed i'm
poses no such obligation upon him
His duty and responsibility cease upon
the making of the order of appoint
ment, 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 commits
sioncrs, though appointed by the gov
ernor, 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 as the mayor and other officers of
the city elected by the people. We
are unable to see how the governor is
charged with the duty of seating
member of the fire and police board
any more than he is charged with the
duty of seating any municipal officer
elected by the people. Will it be CON
tended that it is the duty of the chief
executive Of the state to install into
Office, by force if necessary, every coun-
ty, precinct or municipal officer whom
he may deem entitled to such Office in
advance of the determination OF any
controversy that may arise concerning
such office? A proposition so fraught
with danger to every principle of free
government cannot for moment be
entertained, and if such power cannot
be lawfully exercised by the governor
acting in his official capacity fortiori
is the use of military forces to that end
by him as commander-in chief, un-
authorized.