The Delta independent. [volume] (Delta, Colo.) 1886-19??, 1911-09-15

supreme court in error as it may
deem advisable, emitting, however,
writs of error to county courts.
provided, however, that in causes
thus transferred from the supreme
court to the court of appeals whether
pending on appeal or error, wherein
the decision necessarily involves the
construction of a provision of the
federal or state constitution or re-
lates to a franchise of free hold or
a judgement for more than So 900
exclusive of costs, such decision
thereof by the court of appeals shall
not be final. Such cases may be
heard in the supreme court by writ
of error from the latter court under
rules to be adopted by it."
1t will be noticed that the limi-
tation of the new court is such that
it can only consider cases wherein
the judgement is $4,000 or under,
unless the attorneys in the case that
involves more than $1,000 do not
specifically object. If the supreme
court transfers a case involving
more than $4,000 to the court of
appeals and the attorneys from eth
er side object to the transfer then
the case shall Immediately be sent
back to the supreme court for de-
termination by that court. Should
the attorneys fail to protest, then
the court of appeals has the right
to hear and determine the case.
Section 6, the exemption section
reads:
"Privided, however, that in causes
thus transferred from the supreme
court to the court of appeals,
whether pending on appeal or err
ror, wherein the decision necessarily
involves the construction a provis-
ion of the federal or state consti-
tuition, or relates to a franchise or
freehold, or a judgement for more
than $4,000, exclusive of costs,
such decision thereof by the court
of appeals shall not be final. Such
cases may be re-heard in the su-
preme court by writ of error from
the latter court under rules to be
adopted by it, Or if, before a hear
ing in any case, either party there
to shall advise the court of appeals
that it belongs to one of the clas-
ses in this section shall upon inves-
tigation so find, it shall at once
and without further proceedings, re-
mand the same to the supreme court
for determination.
1t will be seen by this that the
powers of the new court are consid-
erably limited and that attorneys in
causes of action have right to re-
quest that cases be returned to the
hot ha ri
of appeals has heard them.
THE said court of appeals, un-
less otherwise hereafter provided
by acts of the general assembly
shall terminate and cease to exist
at the end of four years from the TAX
| ing effect of this act; and in case
of the termination of said court
any cases shall be pending undeter-
mined therein, the same shall be
disposed of in such manner as the
general assembly may hereafter de-
termine."
The above is a brief outline of
the law creating the new court and
it's powers. Gov. Shafroth awaited
the adjournment of the assembly to
name the judges thereon because he
had felt out the members of the
senate and he knew that they would
not confirm his presiding Judge,
Senator Scott. The governor felt
that he owed it to Scott to put him
on the bench and he preferred to
take chances on the supreme court
holding that it was vacancy APP
pointment, by waiting until after
the senate adjourned to make the ap
pointment than to have Scott con-
firmed by the senate.
The new court will undoubtedly
be attacked on the grounds that
the supreme court was created by
constitutional amendment and upon
1t was confirmed all judicial power
and that the assembly could not
by statute transfer any part of that
5 power to a plain court to be appoint
ed by the governor.