The Glenwood post., 1911-11-11
ROUSE BILL NO. 200
NOT LEGALLY PASSED

Bill No. 200 which had for its object
the transferring of the internal I'M
provement fund over to the state high
way commission for expenditure was
not legally enacted into law. AS a &c
suit of this ruling Judge Bliss declin-
ed to issue mandamus compelling
State Auditor Leddy to honor vouchers
drawn by the state highway commission
against the fund. Judge Bliss holds
that the constitution is mandatory
where it says that teh names of assem-
bly, members voting "aye" and "nay'
on third reading must be spread on the
| journals of both houses. 1t will be re-
membered that the senate journal does
not show third reading roll call on
the enactment of this bill Testimony
was introduced to show that the third
roll call was had but Judge Bliss held
that oral testimony cannot supplant
official records.
The cause was brought on suit for
mandamus by county officials of Prov
ers County. They announced they will
appeal to the Supreme Court. Judge
Bliss is one of the best district Judges
in the state and the supreme court has
never yet reversed one of his dec,-
sions. The sentiment is general that it
will not reverse this opinion. If the
opinion stands it means that the last
assembly through factional jealousies
failed to properly provide for the ex-
penditure of this fund which amounts
to $250,OO0 and which should be used
on the roads of the state during the bi
ennial period. This is the same fund
that was appropriated in what WAS
commonly termed the "pork barrel''
bills which were vetoed by Governor
Shafroth.
1t was generally admitted that the
enactment Of the bill on third reading
in the senate was so manipulated by
the Speer democrats as to nullify las
passage. They claim that Governor
Shafroth promised them that if they
would enact this bill with provision
that it do not take effect until after
1912 he would sign the "pork barrel -
bills. The latter bills were enacted
first and the Speer democrats got wind
of the fact that the governor intended
to veto the "park barrel' bills. House
| Bill No. 200 was so far advanced that
| they could not vote against without
stultifying themselves before the peo-
pie. They knew that Governor Sha
roth was preparing to double-cross them
so far as to get the money for imme-
date use for his own political machine
through the highway commission, so
they proceeded to either forget to have
the roll called on third reading in the
| senate or to have the records fail to
show that it was called. Governor
Shafroth clipped the wings of several
of the members when he vetoed the
individual road and bridge bill appro-
priations and they in turn clipped his
wings when they "nolle prossed'' his
bill giving the expenditure of this mon
ey to the state highway commission.
Insidentally, however, both of them
contributed equally to the enforced neg
lect of Colorado's IS public highway for
two years.
| The State Bar association has
brought suit in the State Supreme
Court against the Court of Appeals
created by the last legislature and ap-
pointed by Governor Shafroth, to force
the members of the court to show
cause why they claim the right to rem
der apinions on cases that were orig
inally appealed to the state supreme
court. The law under which the Court
of Appeals was created seeks to trans
fer certain cases from the supreme court
to the court of appeals. The same law
provieds for the appointment of five
judges who shall constitute the court
of appeals. In this provision was a
second proviso to the effect that the
judges should be confirmed by the sen
ate. Governor Shafroth knowing tha.
the senate would not confirm the men
whom he wanted to appoint, purposely
awaited until after the senate had ad-
journed and then, under the claim that
a vacancy existed made his appoint
ments.
The Bar association attacks the law
creating the court of appeals on the
ground that the duties Of the supreme
court are vested therein through the
constitution and that those duties can
not be transferred to an inferior court
by statute. The Bar association also
attacks the right of the men Governor
Shafroth appointed to serve on the
| ground fhat thar Wa.o mt aonA.xnaa