The Delta independent., 1912-06-21
THE ROAD FUND
QUESTION REVIEWED
STEPHAN ON sHAFRoTH LETTER
Urges People of State Not to Sign
Petition to Initiate Bill Which
Would Tie Up Road Funds.

Senator George Stephan, as one of
the committee from the Colorado
Good Roads association, answers
Governor Shafroth letter i'll which
the governor advocates initiating
bill for the purpose of making the
internal improvement funl available
for road purposes.
The state association of county
commissioners, the Colorado Goo.
Roads association and the Greater
Colorado Highways association agre
signed by the president of the three
associations is being sent out from
Denver in which they ask the vot-
ers not to initiate bill. Senator
ated for that purpose would not be
legal. His letter follows:
To His Excellency. John F. Shafroth
Governor of the State of Colorado.
Dear Sir:
Replying to your open letter ad-
dressed to Elmer f. Sommers, Geo
Stephan. Henry c. Vidal. \. T. Sui
lenberger. w. r. Schalfer, COMMITTEES.
under date of June /, 1912, l note
that you say you have no doubt that
bill initiated and passed by the
people placing this fund in the hands
of the State Highway Com mission
,,-o,,is H. ,.,l;d a,I
In the case of People VS.. Policy,
quoted by you, it was held that the
people of the state of South Dakota
had a right to prescribe the time,
place and manner of holding certain
elections In that case the court
held that power was not delegated
to the state legislature or to the
state itself to regulate such cleo
tions, because the state already IN
its sovereign capacity possessed that
power and the federal constitution
simply left that power with the
state" Section 12 of the Enabling
act of the state of Colorado, revised
statutes, reads:
Section 12.-SALE OF AGRICUL
TURAL LANuS-That five per
ceatum of the proceeds of the sales
OF agricultural public lands lying witt
ia said state which shall be sold by
the United States subsequent to the
admission of said state into the
Union, after deducting all the eN-
in to mo haT
be paid to the said state for the
purpose of making such internal i'm
provements within said state, as the
LEGISLATURE thereof may direct:
Provided. That this section shall no
apply TO any lands disposed of un-
der the homestead laws of the Unit
ed States or to any lands now or
hereafter reserved for public or
other uses.
The federal government certainly
had a right to prescribe the use TO
which the funds were to be applied
as well as the right to name an
agent clothed with authority to di-
rect the expenditure of such funds
and If the State of Colorado ac-
cepts the gift. it also accepts the
conditions contained in Section IL.
This statute plainly designates
the legislature of the State of Colo
RADIO as the distributor of such
moneys as are paid by the United
States Internal Improvement Fund.
The word Legislature" is used in
our state constitution; also Section
/. Art. s.
1t certainly would be far fetch
ed construction of the word Leg
islature" to make the same include
all the people" of the state OF
Colorado. when the term both as
used in the act of congress. above
cited, and as fixed by our consti-
tuition then prepared for submission
obviously intended the general as
sembly as the legislature.
Furthermore, the courts OF our
land have defined the meaning of
this term as used in the act OF con
gress. The term Legislature" is syn
onymous with general assembly.
State v. Gear s Ohio Dec 569.
A Legislature Ia the body OF
authority to make laws.
State v. Hyde. 22 N. E. 644.646.
121 IND. 20-''Legislature'' as used
In const. Art. IL. No. s, relating
to the adoption Of city charters and
providing that the charter shall be
submitted to the legislature for its
approval OF rejection ms whole
ondment. and. Mapprovcd by a mar