The Delta independent., 1911-11-17
STATE CAPITOL NOTES.

According to Judge Carlton nj.
Bliss, of the Denver district court,
House Bill No. 200, which had for
its object the transferring of the in
ternal improvement fund over to
the state highway commission for
expenditure was not legally en-
acted into law. AS a result of this
ruling, Judge Bliss refused to is
sue a mandamus compelling State
Auditor Leddy to honor vouchers
drawn by the state highway com
mission against this fund. Judge
Bliss holds that the contribution is
mandatory where it says that the
names of assembly members voting
AYE" and may" on third reading
must be spread on the journals of
both houses. 1t will be remember
ed that the senate journal does not
show a third reading roll call on
the enactment of this bill Testi-
mony was introduced to show that
the third reading roll call was had,
but Judge Bliss held that oral test
imony cannot supplant official rec
ordS.
The state bar association has
brought suit in the state supreme
court against the court of appeals,
created by the last legislature and
appointed by Gov. Shafroth, to force
the members of that court to show
cause why they claim the right to
render opinions on cases that were
originally appealed to the supreme
court. The law under which the
court of appeals was created seeks
to transfer certain cases from the
peals. In this provision was a sec
ond proviso to the effect that the
judges should be confirmed by the
senate. Gov. Shafroth, knowing
that the senate would not confirm
the men whom he wished to APP
point, purposely waited until after
the senate had adjourned and then.
under the claim that vacancy ex-
listed, made his appointments.
The bar association attacks the
law creating the court of appeals,
on the ground that the duties of
the supreme court are vested there
in through the constitution and
that those duties cannot be trans
ferred to an inferior court by a
statute. The Bar association also
attacks the right of the men Gov
ernor Shafroth appointed to serve.
on the ground that they were not
confirmed by the senate, maintain
/ inc no hn iyafn of tha
law to have them confirmed, and
do SO, Gov. Shafroth made no at
tempt to secure their confirmation.
The attorneys for both sides are
filing brief and the case will be
argued about the first of Decem-
Der. incidentally it must not be
forgotten that this entire mix-up
resulted from the factional fight
which existed in Democracy during
the last legislative session.
| The financial situation of the
state Is to say the least, critical.
Third class appropriations are not
being paid at all and payment on
certain second class appropriations
is being refused until after Dec
ember LIST. Especially is this true
of the insane asylum fund. No
reason is given for this refusal but
it is generally conceded that 1t
comes from the fact that the off,
Gals have to hold up these pay
ments in order to meet the Novem-
Ter pay roll for this year. This
is the first time in Colorado's his
tory that second class appropriations
have been held up for payment Tor
want of funds.
All this because the Shafroth en-
ployes total in number of employ
es. more than that of Mcdonald
and Buchtel combined and also be-
cause the Shafroth payrolls total
more than did the payrolls of Nc
Donald and Buchtel.
| Attention: Live Stock Men.