Rocky Ford enterprise., 1901-11-22
GOVERNOR ORMAN'S MESSAGE
TO THE GENERAL ASSEMBLY

Denver, Jan. 20.-The message OF
Governor Orman to the General AS
sembly Is as follows:
Message to the Thirteenth General As.
sembiy of the State OF Colorado. In
Special Session Assemblcd:
II WAS with feeling Of great regret
and reluctance that l was compelled to
call the Legislature together NJ this
time for the purpose of enncting spc-
cial legislation. II was not through any
sense OF fear but what the subject mat
ter for legislation would be capabiy
and efficiently administered at your
hands, hut because OF the fact that
know many. II rot NIL OF you. have
been compelled to make great sacrifices
In order TO bc present at this session.
and for the further reason that extra
ordinary sessions OF the Legislature
are never popular with the people. no
matter for what causes called. For
these reasons deplorc the situation In
which we are now placed. all OF which
has been brought about by comblna-
tion of circumstances against which
the administration has pcrslsiently en-.
dcavorcd to enforce the provisions OF
the revenue law without the necessity
OF mn extra session.
have not cnliedi this assembly to-
scthcr until after having exhausted all
practical and reasonable resources at
my commando and not before having
asccrtnincd that II would bc impossible
for the Supreme Court TO act In the
matter until Il would be NO late In the
season that II would bc nn added hard.
ship upon the members Of the Lc.isln-
turc to attend. therefore I had no cS-
pc,licnt left save In the calling Of the
Legislature together TO enact such
laws ns Will best conserve the rights
and Interests OF the people. untrammel.
ed by the crushing heel of the great
corporations. and feel that would In.
deed have been dcrcilct In my duty to
the people Ind I wnntoniy abandoned
the revenue law enacted by this as.
scmbly and hnvc allowed the general
arrangement OF the affairs OF state To
stand In the manner In which they
have been placed by the actions OF the
railroad and other corporations.
Knowing that you have Ecpt In close
touch with the situation. and TINT you
are perfectly qualified 10 cope with 1t
In NIL OF Its different phases, whatever
remarks ! have To make will bc brief
and whatever recommendations I have
TO make win bc made with the sincere
hope that they Will Md you In arriving
Mt n satisfactory solution OF the diiii-
You have shown In times past thnt you
were thoroughly familiar with the sub.
jcct with which you have to deal. You
are the representatives OF the will OF
the people. you express their desires
and To you they have delegated the
proper application OF their supreme
powers.
TO refresh your memory. and In or
der that you may bc fully coInizant OF
NIL the steps that have been taken In
the matter Of the litigation growing out
OF the revenue law. and the consequent
pcrplcSiiy arising ihcrcfrom. I will
give you resume OF the cases. and
will cndcnvor to place the matter be-
fore you as succinctly ns possible.
During the latter part OF June the
railroad nnd other corporations inter
cs,cd broueh; n proceeding In mandn.
mus In the District Court OF Pueblo
county To compel the State Board of
Equalization To perform certain duties
dcvolving upon u by statutes pre-
viously In force and effect. which stat
utcs were explicitly repealed by the
revenue law OF 1901. setting up that
the law OF 1901 was unconstitutional
and void. To this application for
writ Of mnndnmus the state asked
for n change OF venue. which the court
the court declared the law to be un-
constitutional and void. from which
judgment the state appealed TO the
Supreme Court OF this state. and su.
pcrscdcns was granted the state by
said court. This cause Is now pend
ing In the court for determination.
When tho writ OF error was sued
out OF the District Court OF Pueblo
county and lodged In the Supreme
Court the state had direct under
standing with the attorneys represent
ing the litignting corporations that cv
cry effort would be made on their
part to have this case determined
with as little delay rs possible. With
this understanding the state prepared
its case for presentation and adjudicn-
ton. and II then trunspired that the
corporation attorneys had no Intention
of keeping their part of the agree.
ment. and, instead OF doing rs they
had agreed 10 do, were placing every
obstacle In their power In the way
of n speedy determination.
In the meantime the corporations
again went before the District Court
OF Pueblo county and prayed for an
injunction restraining the State
Board OF Assessors from proceeding
with the performance of Its duty as
prescribed by the law of 1901. Again
the state moved for n change OF venue
on the ground that the court did not
have Jurisdiction. and for the other
reasons. but the state, finding that
there was liable to be considerable de-
lay In having this motion passed up
on. applied to the Supreme Court for
n writ of prohibition restraining Judge
Dixon from proceeding further In the
matter. which application was grant
ed by the Supreme Court. However,
the state Board of Assessors, belicv-
ing that the District Court did not
have Jurisdiction TO restrain 1t from
performing its executive duties, went
ahead and certified out the assess
mcnt. Then the corporations imme-
diately nsked that contempt proceed
ings be instituted against said board.