The state herald., 1904-10-28
Constitutional Amendment


The authority for submitting such
question is found In Senate Bill No. ..
which is. In words and figures. follow
ing, viz:
Is. B. No. 9, by Senator Tayior.)
AN ACT
TO SUBMIT 10 TIE QUALIFIED
ELECTORS OF THE STATE OF
COLORADO AMENDMENTS TO
SECTIONS FIVE (5). SIX tS),
SEVEN %, AND EIGHT tS, OF
ARTICLE SIX (VD OF THE CON-
STITuTIoN OF THE STATE OF
COLORADO. CONCERNING THE
SUPREME COURT.
De II Enacted by the General Assembly
of tho State Of Coioradoi
Section /. There shall be submitted
to the qualified electors OF tho State
Of Colorado, At the next general cleo
sembly, for their approval or rejection.
the following amendments to the Con-
stitution of the State of Colorado.
those voting thereon, shall be valid as
a part OF the Constitution. That Is to
say: Section five go of article six (VD
of tho Constitution of the State of Col
orado shall be amended to read as fol-
lows:
Sec. s. The Supreme Court shall con-
sist Of seven Judges. who may sit EN-
banc or In two or more departments as
the court may from time to time, de-
termine. In case said court shall sit
In departments each Of said depart
ments shall have the full power and
authority OF said court In the deter
mination of causes. the issuing of writs
and the exercise of all powers author.
fred by this Constitution. or provided
by law, subject to the general control
OF the court sitting Ell banc. and such
rules and regulations as the court may
make. but no decision OF any depart
ment shall become the Judgment of
tho court unless concurred In by at
least three Judges, and no case involv-
Ing a construction of the Constitution
shal be decided except BY the court
en- bnnc.
Sec. .. Section six (s) OF article six
CvD of the Constitution of the State
of Colorado shall be amended to read
Sec. G. Tho Judges of the Supreme
be elected by the electors OF the state
Sec. 3. Section seven t7) of said ar.
ticle six CVD OF the Constitution of
I ed TO read as follows:
I Sec. T. The term of office nf the
/ Judges Of the Supreme Court hereafter
] elected, except as In this article other
] wise provided, shall lie ten years
I Sec 1. Section eight (S) Of said arti-
sis six tyD OF the &C C0nstitutlon 4, Of the
W NgA'ih'' e''"'a ~ ~
read as follows:
Sec s. No successor OF the Judge
of the Court Of Appeals whose term. eS-
pires In April. 1905. shall be appointed
on the first Wednesday of April,
1905. the Court OF Appeals shall cease
to, exist. and the judges, Of said court
have expired shall become Judges Of
the Supreme Court. All causes pend.
ing before the Court of Appeals shall
then stand transferred to and be pend, /,
ing in. the Supreme Court, and no bond
or obligation given In any OF said
causes shall be affected by said trans
The term OF ONCE of that Judge Of
the Supreme Court whose term expires
on the. second Tuesday in January.
nee OF that Judge transferred from
expire in .Agril. 1907 shall expire on
and the term Of office OF that Judge of
the supreme Court whose term expires
in January. 1910: is hereby extended
to the second Tuesday ir January,
1911; and the term Of office OF the
judge or Judges transferred from the
Court OF Appeals whose term would
the second Tuesday In January. 1908;
and the term ot office Of the Judge OF
the Supreme Court whose term expires
on the second Tuesday In January.
Al the general election In the year
1906 and every tenth year thereafter,
the Supreme Court.
At the general election in the year
1908, there shall be elected three
Judges OF the supreme court one for
the term OF six years. and two for the
term Of ten years.
At the general election in the year
1910 and every tenth year thereafter,
there shall be elected one Judge OF the
Supreme Court
x, the general election in tho year
1919 and every tenth year thereafter
there shall be elected one judge OF the
x, the general election in tho yenr
1914 and every tonth year thereafter,
there shall be elected one Judge OF the
ft iii. general election In tn. yenr
1918 and avery tenth year thereafter.
there shall be elected two Judges OF
the Supreme Court.
| Provided: that II said Court of Ap-
] peals shall nt the time OF the going
/ Into effect OF this amendment. by law
! consist OF only three Judges, tho Gov
ernor shall nominate and By and with
] the advice ana consent OF the senate
appoint two Judges Of the supreme
] Court whose term nf Office shull begin
on the first Wednesday OF April. 1905.
and expire on the second Tuesday OF
Provided also. that nothing herein
contained shall be construed TO prevent
the General Assembly from changing
The time OF olectinE Judges OF the So,
] preme Court and from extending or
Siaea IN kPt vi, section n' is, Of pS III
l Constitution Of this state.
The Judge having the shortest time
to serve. not holding his otiloe by np,
pointmcnt or election TO MI vacancy
shall be the chief Justice.
OF tn. two Judges whose tarms Of
otiiee expire upon the same day. th'
younger In years OF the two judges
shall ba ths chief Justice during tn,
next 10 the last year OF his term of or,
ss,, ne and ths ne elder OF , the two iunIge, Is,
year OF his term Of office,
The chief justice shall preside Mt nj
sessions SESSIONS 2t th1 court op BANG. nnd, "
present who. would next be entitled /,
become chief Justice shall, preside
Until otherwise provided by law. tbs
Supreme Court shall have power 90 re-
view the Judgments ana procccdingi
OF Inferior courts. In such inHtHuoci
and In such manner as was provided bS
law previous to the act establishing
the Court Of Appeals.
Sec. o. Each clcctor voting az sAlt
ssslhst snia ala smanSmo@, q, IGnPF ssai asno.i .Ir Il
In the ballot box his ticket wherrrr
shall bo printed the words For IN,
ssp sTaGis oS9."iStIns 20 ss2n q iba ena ) ~
I Court and the Court of Appeals aud
'Agsinzt th. amenlmonis % sections
Ing ~. supreme Court and ths cIur,
Of Appeals hnd shall indicat. hi,
choies Wy. placing a cross oppealtc on'
Any eiSctor not voting rs Afsresatt
may express his approval or rejection
o. any one or more of sni1 sectionl
section 80 approved or rejected bi
number IN the order 10 which " np
pears In THE act The ofiicial bailo
electors the opportunity 10 eNpro,,
thslr choice nr herein provided,
Sc. g. The votes cast Tor the adon
shall bs chuNhHFsd and the result do
tntminrd by the laws ~ the state 10
n. canvass OF votes for rsptoaontn
. uVrs In Congress-
Approved. April 9Th. 1908,