The Elk Mountain pilot., 1902-02-18
PROCEEDINGS OF THE EXTRA
SESSION OF THE LEGISLATURE

mittee which deprived the board OF
equalization of power to assess corpor-
ate holdings and vest that authority in
the assessors.
The Senate finance committee has
reported the Buckley Gunnison tunnel
bill. The original bill has been amend
ed in numerous places. The principal
amendment is that the water script
will not bear the signature of Governor
Orman and State Auditor Crouter, as
the father of the bal and his support
ers hoped for. There was n feeling
among some of the senators that the
presence of the state officials sigma
lures ON the script on bonds might
technically involve the state. Instead
of the governor signing. the Board
of Control will be compelled to report
to him each month. The old bill pro
vided salary of 81. 500 for the superin-
tendent The amended bill makes the
salary $500 Il year. The question of
bonds for the members of the Board of
Control and the treasurer caused CON
siderable debate in the committee
room. The members of the board will
give bond in the sum of 81 900 and the
treasurer $4,000 There is DISPOSE
tion among the senators to make the
members give bond about that equal
TO the treasurer. and the latter II bond
somewhere betwn S5O0,OOO and 81 1,OOO,-
600. 1t Is argued that from the time the
tunnel is begun until it is completed
he will handle about ST50,000 and he
should give bond equal to that sum.
Attorney General Post has advised
the Legislature that in his opinion they
have no right to alter or repeal any of
the constitutional amendments passed
at the last session. The opinion is rs
follows; 1T is my opinion that this
special session has no power to recall.
repeal. rescind. amend. or in any man
ner affect or modify any of the six CON
stitutional amendments passed by the
regular session of the Thirteenth Gen
eral Assembly. If the proposal of con
stitutional amendments We're strictly
legislation, no one. | think. would con-
tend that the General Assembly had
not the power to alter, amend, modify
or entirely repeal the action of a prior
session In its proposal, before people
had voted thereon, but since the CON
stitution has given to the Legislature
merely the power to propose and the
people the power to reject or ratlfy,
when the proposal has been made.
further authority over the proposal has
passed out of the hands of the Legisla
ture and into the hands of the people.
The people have. so to speak, acquired
n vested right to action upon the pro
posal which the Legislature cannot, by
subsequent action. take away. In my
opinion 1t is entirely within the author
ity of the General Assembly to pro-
pose constitutional amendments at this
special session. but their object must
be confined to those stated In the por-
ton of the governors call quoted. If.
in the opinion of the General Assem-
bly,. it will require six constitutional
amendments to do the work outlined
by his excellency in the paragraph
mentioned. then IT has the power to
propose the same. or If there Is in its
opinion no necessity for amendments
IL is mt liberty to refrain from pro
posing them"
The House spent nearly all of Mon
day discussing the revenue bill. Judge
Schwegert resumed his speech in IA
vor of the state board of equalization.
He declared that the board of assess
ors increased the assessments of the
corporations as n retalatory measure.
THE railroads made n great mistake"
ors. If they had made the proper pre-
sentation of their case. this valuation
would have been materially reduced.
You might as well attempt to pass an
act to bind the Union as to give an as
SCISSOR power outside his county.
When the individual assessor meets
with his colleagues he surrenders his
discretion and abdes by the will of the
majority. AT least that would lie the
effect If this law means anything. and
| am discussing it on the supposition
that it does mean something. 1t VIII
not be gainsaid that an officer cannot
surrender his discretion. If he does
his act is void. The Legislature could
trust the board of equalization to make
the assessments for the next year, or
until the constitution might be
changed. He pointed out the political
advantage of going before the people
of Colorado this fall with candidates
who would be members of the board
of equalization, and who would stand
on Il platform pledging an enforcement
of the revenue law. He concluded with
an appeal to the House to defeat the
committees amendment, and as he re-
sumed his seat he was warmly ap-
plauded. Mr. Ballinger argued that the
decisions of Judges Dixon and Riner
were neither of them the opinion of
court of final resort. Eventually the
Supreme Court of Colorado must de-
termine the validity of the law. Judge
Riner held that the constitution did not
authorize the assessors to do anything
outside their county. but he did not
argue that the constitution forbade the
exercise of that power. This l.ecis-
lature is not possessed of sufficient
power to compel the assessor of Park
, county to assess the private property
of his county at full cash value. while
the board of equalization is assessing
! corporate property at 20 cents OH the
dollar. He will go to jail, if necessary,
the county commissioners will 20 with