The state herald., 1904-10-07

question of amending the Constitution
of said State.
The authority for submitting such
question is found in Senate Bill No. 8
which IL. in words and figures, follow
Ing, viz:
Is. B, No. ., by Senator Taylor.)
AN ACT
TO SUBMIT TO THE QUALIFIED
ELECTORS OF THE STATE OF
COLORADO AMENDMENTS TO
SECTIONS FIVE 90, SIX (6),
SEVEN 90, AND EIGHT ts). OF
ARTICLE SIX (VD OF THE CON
sTITuTIoN or THE STATE OF
COLORADO, CONCERNING THE
SUPREME COURT.
lie 1t Enacted by the General Assembly
of the State of Colorndot
Section /. There shall be submitted
to the qualified electors o: the 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.
which, when ratified by a majority OF
those voting thereon, shall be valid as
part of the Constitution. That Is to
say; Section five 90 of article six (VD
of the Constitution Of the State of Col
orado shall be amended to read as fol-
lows:
Sec. 5. 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 wrlts
and the exercise Of all powers author
ICED by this Constitution, or provided
by law, subject to the general control
OF the court sitting en- banc, and such
rules and regulations as the court may
make. but no decision of any depart.
ment shall become the judgment O
the court unless Concurred in by rt
least three Judges, and no case invoI1-
Ing a construction Of the ConstitutiCn
OF this state or of the United Stats,
shall be decided except by the cotrt
en- banc.
Sec. 2. Section six t6) OF article TX
(ND OF the Constitution of the Sttte
Of Colorado shall be amended to rad
Sec, 8. The judges of tho supr'me
Court, except as herein provided. snail
be elected BY tho electors OF the safe
Sec. ), Section seven 90 of sal, ar
rhe State of Colorado shall be amend
Sec. 4. The, term Of ahlce IF the
Judges Of the supreme Court, hereafter
elected. except as In this article oher-
wise provided, shall be ten years.
Sec. Z. Section eight ts( OF. said arti-
state OF Colorado shall be AMENDED to
read as follows;
Sec. 8. No successor of the udge
OF the Court OF Appeals whose tern ex-
pires in April, 1905. shall be appointed.
on the first Wednesday OF april.
1905. the Court Of Appeals shall ease
whose regular terms shall not then
have expired shall become judges of
the supreme, Court Al causes gend-
then stand transferred to and be lend
Ing In, the supreme Court, and no bond
or obligation given in any of said
The term of onice Of that jude. of
the Supreme Court whose term exp res
1907, shall so expire. the term OF of-
tico or that Judge transferred fDm
the Court Of Appeals whose term sh,ll
the second Tuesday In January. 1861;
and the term OF office OF that Judge 4
the supreme Court whose term expires
In January. 1910 IL hereby EXTENDED
to the second Tuesday ir January
1911; and the term Of onic. of tn.
Judge or Judges, transferred from the
expire In April, 1909, shall expire on
the second Tuesday In January, 1909;
and the term OF office OF the Judge OF
the Supreme Court whose term expires
on the second Tuesday In January,
1919. shall so expire,
At the general election In the year
1906 and every tenth year thereafter
there shall be elected two judges OF
the Supreme Court.
At the general election In the year
1905. there shall be elected three
Judges OF the supreme court. one for
tho term OF six years, and two for the
term OF ten years
At the general election In tho year
1910 and every tenth wear thereafter
there shall be elected one Judge OF the
Supreme Court
kt the general election In the year
1919 and every tenth year thereafter
there shall be elected one Judge OF the
At the general election In the year
1914 and every tenth year thereafter
there shall be elected one Judge OF the
kt the general election in the yenr
1918 and every tenth year thereafter
there shall he elected two Judges OF
Provided: that il said Court of An
peals shall at the time OF the going
Into efrect OF this amendment. by law
.rnor shall nominate and by and with
the advice and consent OF tho Senate
appoint two Judges Of the supreme
on the first Wednesday OF April. 1905
and expire on the second Tuesday OF
Provided also. that nothing herein
contnlned shah be construed to prevent
N. General Assembly from changing
the time OF electing Judges OF the su-
hbridging their terms OF ofiice as pro.
yided In Art. VI. section 40. OF the
Constitution or THIS state.
The judge having the shortest time
60 serve, not holding his office by APP
pointmcnt or election 10 mn vacancy.
shall be the chief justice
OF the two Judges whose terms Of
ONCE expire upon tho same day. the
shall DO tho chief Justice during tho
nee and the elder ot the two Judges
shall be chief Justice during tho last
year OF his term Of prlrc,
The chief Justice shall preside NJ all
sessions OF the court en- banc, and In
case OF hiH absence then tile Judge
present who. would next bo entitled 10
become CHIEF Justice shall preside.
tutii otherwise provided by law. the
huprrm" Court shall hnN" power TO re-
view thn Judgments and proceedings
aud in such manner az was pr6yiiSd IN
law previous tn the act ratabliHhluF
the Court nf Arpg1la
Nre, ., Each Uln0tur voting at said
election aud dgHlrous of voting fnr or
against said amendment. shall deposit
" ihe ballot box his ticket whrrron
shAll bc printed W. words. "fnr m.
article W, consolidating the Ruprume
court and The court OF AppraiH,' aud
Q. Z. I. and ~ sf,iris VI 90 een&aoi & issi. 5ST.
Ing the snptumo Court and tho Court
ot Appeala, nni shall indicate his
OF the other oi snid groups 81 words
Any elrrtnr not voting as hforuHhll
may express hiH approval or rejection
herein referred Co. b. dorirnatinE any
section 20 approved 81 triertol by
shall DO - prepared aH 10 RUotd Tho
electors N" opportunity 20 express
their ehoigE. M herein provided,
ton or rejection ~ said amrHdmsntH
shhll be rhhNurHnH ahd ihr result de-