The Holly chieftain., 1901-02-22

Denver, Colo, Feb. 19.-The Rush
bill to consolidate the city of Denver
and the county Of Arapahoe hns been
ordered by the Senate to be sent to
the Supreme Court for Its consideration
ON points srdised asstU Its. possible up-
constitutionality. Senator Whitford 'At-
tackled 1t In a set speech, declaring 1t
to be unconstitutional. His first point
was that under the organic law of the
Rtatsh new article cOnld sss0t be pro.
posed. rApendpents hgpst be- germane
to the articles already In Existence.
The only way in which new article
in toto could be submitted was In the
event of a constitutional convention.
The author himself admitted that there
was no article to which his bill could
be made amendatory by introducing a
new article. The Taylor bill permits
only amendments to pix articles, not
the proposal of new matter.
II, on the other hand, the Rush bill
be considered as amendatory, how
many articles does 1t amend? The SEN
ator then reviewed the constitutional
amendments, pending and satd that II
he could prove That the proposed artl-
Gle materially amended seven articles
1t would be considered sufficient ground
for reconsideration. He claimed that
it amends section eight OF article six
teen, by wiping out the board of county
commissioners. The second and eighth
and eleventh sections OF article fifteen.
relating to charters. franchises and the
right of eminent domain, were also
amended.
Senator Taylor asked whether Sem
ator Whitford's, consolidation of cleo
tions bill was not open to the same
criticism.
The senator thought 1t might be and
then commended Senator Taylor for
having made his constitutional amend
ments separately instead of in "hn
omnibus bIll." He then went on with
article nineteen, sections six, fourteen
and fifteen providing for the election
or appointment OF county officers, and
their salaries. all of which he said were
materially affected by the Rush bill.
Article thirteen, section three, regulat-
Ing the removal Of officers for malfeas-
anee in office was also amended. Art!-
Gle twelve, section five. dealing with
the county treasurer was changed, and
he cited decision to show that there
was no power to change the name Of
an officer. 10. 5
Article eleven, section six, limiting
county Indebtedness. had, he said,
been amended by m amendment to
the Rush Dill, comforting the. power to
tissue bonds in any amount" as pro-
yided by the charter. This was also
the case with the eighth section, deal
with the city Indebtedness. Article
ten, section seven, took away the right
Of the General Assembly to permit
counties to levy taxes for certain pur-
poses. Section fifteen was also amend
ed by, abolishing the county board of
equalization and the Jurisdiction of the
state board. Article nine. section four.
was greatly modified, more county Off
GERS being wiped out Of existence.
Section fifteen, concerning school dis
tricts, was amended.
Marvellous, marvelous" exclaimed
the senator. ssHe didn't find anything
to change In article eightw ss
The senator from the First Also Ad-
mitted that the Rush bill did not Affect
articles seven. but Senator Taylor = bill
did, and was a very important meas
ure. Article SIX, sections twenty-one
and twenty-five were amended by the
wiping out of yet more offices. Section
fourteen was amended by taking away
the power Of the General As
sembly to determine the number Of dis
trict judges and their term Of ONCE.
Section twelve was seriously impaired
and altseed. Article Ave, section thir-
II, regulating salaries OF district
tudes6, xAs changed. Article four was
pasoed. Article three, defining the
beanchss of government. was amended
p -s'f e. Il