The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1911-11-08
State Capital Notes

drought sui Ill the oIdtt oupiehio
Court against the Court of Appeals
created by the last legislature and
appointed by Governor Shafroth.
to force the members of that court
to show why they claim the right
to render opinions on cases that
were originally appealed to the
state supreme court. The law I'M
der which the Court of Appeals was
created seeks to transfer certain
cases from the supreme court to
the court of appeals. The same law
provides for the appointment OF
five judges who shall constitute the
rOurt of appeals In this provision
was a second proviso to the effect
that the judges should be confirm
ed by the senate. Governor Shat
roth knowing that the senate would
not confirm the men whom he want
ed to appoint, purposely awaited
until after the senate had adjourn
ed, and then, under the claim that
n vacancy existed made his appoint
ments.
The Bar Association attacks the
law creating the court of appeapls
on the ground that the duties OF
the supreme court are vested there
In through the constitution and
that those duties cannot be transfer
ed to an inferior court by statute.
IT.. n.r A,.o,tattrp alan attn cka
the right of the men Governor Shat
roth appointed to serve on the
ground that they were not con-
firmed by the senate. maintaining
to have them confirmed and while
he had plenty OF time to do so.
Governor Shafroth made no attempt
to secure their confirmation.
The attorneys for both sides are
filing briefs and the case will be ar
gued about the first of December.
incidentally. 1t must not be forgot
ten that this entire mix-up results
from the factionai fight which ex-
listed In Democracy during the last
legislative session
Governor Sharroth made the ex-
plicit announcement Wednesday OF
didate for the short term to the
United States senate and that he
would not have II. He declined to
say whether or not he was a can
didate for the Long term. Inciden-
tally. there Is . political rumor
that Governor Shafroth and former
Governor Thomas have formed an
alliance to secure the two senator
ial positions. Governor Thomas
agreeing to accept the short term.
Harry Bryant is to be manager for
former Governor Thomas and Will
liam II. Malone IL to be the man
aser for Governor Shafroth. The
plan of the combination is to &C.
cure control of Denver through the
commission form of government
which Bryant and Malone are try
Ing to force upon the residents Of
that city and to secure control of
the Direct Legislation league In Or
der to get its support for these two
candidates. There 10 every indica-
ton around the capitol city at this
ime that the rumor is correct.
The financial situation of the
state is to say the least critical.
Third class appropriations are not
being paid at all and payments on
certain second class appropriations,
Ia being refused until after Decem-
Der first. Especially is this true
on the insane asylum fund. No rea-
son is given for this refusal but
It is generally conceded that 1t
comes from the fact that the offic-
iaIs have to hold up these pay
ments In order to meet the Novem-
Der payroll for this year.
This is the first time In Colo
RADIOS history that second class
appropriations have been held up
for want of funds.
All this because the shafroth en-