Gilpin observer., 1902-02-13
PROCEEDINGS OF THE EXTRA
SESSION OF THE LEGISLATURE


In both houses, by rising vote,
Thursday, the following resolution was
adopted:
The joint committee of the Senate
and House chosen to draft resolutions
upon the death of Ex-Governor Davis
II. Waite, beg leave to submit the fol
lowing resolutions:
Resolved, that in the death of ex-
Governor Davis II. Waite the state
mourns the loss of a patriotic cti-
zen, and a statesman of strict probity
and integrity.
Resolved, that we recognize in his
public administration an honest effort
to conserve the general welfare of the
people and the utter futility of all at
tempts to swerve him from the deter
mined path of right and justice.
Resolved, that the sympathy of the
people of the state of Colorado,
through their representatives in Legis-
lature assembled, be hereby rendered
to the family Of the deceased, and that
copy Of these resolutions, properly
engrOssed, be extended to them.
Resolved. that these resolutions be
spread upon the Journals of the Sen
ate and House.
introduced the following resolution in
relation to the controversy at the State
School of Mines: "Whcreas, it is man.
ifest by articles which have appeared
in several Of the daily papers of the
state that serious condition of affairs
prevails at the State School of Mines
at Golden; and, whereas, it is alleged
that the students of said institution
are in open rebellion against the fac
ulty thereof; and whereas, the students
of said institution allege the most
grievous abuses of their, rights and
privileges on the part of the faculty
and numberless discourtesies; and,
whereas, the said students declare they
will cease their attendance at the insti-
tuition unless the abuses alleged are cor
rected; and, whereas, such a condition
of affairs and the allegations made on
the part of the students of the said in
stitution are of such a nature as to de-
mand most searching investigation
of the charges made, and llso the gen.
eral conduct and management of said
institution by the faculty and its trus-
tees; therefore, be it resolved by the
House of Representatives, the Senate
cOncurring therein, that committee of
five be appointed, three on the part of
the House and two on the part of the
Senate, to investigate the charges
made against the management and the
faculty of said institution, and report
back to the General Assembly as early
as practicable: resolved, that the COM
mittee have power to subpoena and
examine witnesses and require them to
testify under oath in order that the
investigation may be full and eff
fective."
The House spent nearly all of Mon
day discussing the revenue bill. Judge
Schweigert 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 retaliatory measure.
"The railroads made a great mistake."
said he, when they ignored the assess
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 abides by the will of the
majority. At least that would be the
effect If this law means anything. and
l am discussing it on the supposition
that it does mean something. 1t will
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 foil Il
who would be members of the. board
of equalization, and who would stand
on 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
We're 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 ,iot
authorize the assessors to do anything
outside their county. but he did not
argue that the constitution forbade the
exercise of that power. This LeCis-
latnre 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. II necessary,
the county commissioners will 20 with
him and we will support him. Mr..
Whitelaw of San Juan delivered an
eloquent speech In support Of entrust-
ing the assessors with the duty of as
a,t,,.. IT
sisted that it was not proposed TO ere
ate board of assessors and he charged
the minority with misrepresenting the
position of the majority. He believed
the Supreme Court erred when II held
that the board Of equalization had us.
sessing power.