North Park union., 1902-02-07
GOVERNOR ORMAN'S MESSAGE
TO THE GENERAL ASSEMBLY Y

D0Qveg. Jan. 8.-Tho message -
Governor Orman to The Gensral A.
sembly 10 - follows:
Message to the Thirteenth General A.
sembiy of the State OF Colombo. in
Special Session Assembled:
II was with feeling Of great regrst
and reluctance that was compelled to
call the Legislature together at this
time for the purpose OF enactfng spe-
cial legislation. 1t was not through any
sense Of fear but what the subject mat
ter for legislation would be capably
and eflcjently administered at your
hands, but because Of the fact that
know many, II not all OF you, have
been compelled to make great sacrifices
In order to be 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 deplore the situation IN
which we are now placed, all OF which
has been brought about by a combina-
ton Of circumstances against which
the administration has persistently en-
deavored to enforce the provisions OF
the revenue law without the necessity
Of an extra session.
I have not called this assembly to
gether until after having exhausted all
practical and reasonable resources at
my command, and not before having
aecertained that 1t would be impossible
for the Supreme Court to act In the
matter until It would be SO late In the
season that It would be an added hard
ship upon the members Of the Legisla-
ture to attend, therefore had no e1-
pedient left save In the calling of the
Legislature together to enact such
laws as 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 derelict in my duty to
the people had wantonly abandoned
the revenue law enacted by this az
sembly and have 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 kept in close
touch with the situation. and that you
are perfectly qualified to cope with 1t
in all Of It's different phases, whatever
remarks I have to make will be brief
and whatever recommendations l have
to make will be made with the sincere
hope that they will aid you In arriving
at satisfactory solution Of the diff
Guilty in which we now find ourselves.
You have shown In times past that you
were thoroughly familiar with the sub
ject 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 be fully cognizant OF
all the steps that have been taken In
the matter of the litigation growing out
of the revenue law, and the consequent
perplexIty arising therefrom, l will
give you n resume Of the cases, and
will endeavor to place the matter be-
fore you as succInctly rs possible.
During the latter part Of June the
railroad and other corporations Inter
ested brought a proceeding in mandn-
mus In the District Court of Pueblo
county to compel the State Board OF
Equalization to perform certain duties
devolving upon 1t by statutes pre-
viously In force and effect, which stat
utes were explicitly repealed by the
revenue law Of 1901, setting up that
the law of 1901 was unconstitutional
and void. To this application for n
writ OF mnndamus the state asked
for a change Of venue, which the court
denied. Upon the trial of the cause
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-
persedeas was granted the state by
said court. This cause Ia now pend
ing in the court for determination.
When the writ of error was sued
out of the District Court Of Pueblo
county and lodged in the Supreme
Court the state had a direct under
standing with the attorneys represent
ing the lltigating corporations that ev-
cry effort would be made on their
part to have this case determined
with as little delay as possible. WIKI
this understanding the state prepared
Its case for presentation and adjudica-
ton, and 1t then transpired that the
corporation attorneys had no intention
of keeping their part Of the agree
ment, and, instead of doing as they
had agreed TO do, were placing every
obstacle in their power In the way
Of 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 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
a 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, believ-
ing that the District Court did not
have jurisdiction to restrain 1t from
performing Its executive duties, went
ahead and certified out the assess
ment. Then the corporations imme-
diately asked that contempt proceed
ings be Instituted against said board,
its secretary and the attorney general,
but declared the certifcatIon of the
assessment which had been made by
the board null, and required Its re-
turn. Then, before the board could
meet to recertify out the assessment,
and in fact almost before the Supreme
Court was through announcing its
opinion In the contempt proceedings,
the corporations appeared before the
United States District Court and OBJ