The daily sentinel., 1912-04-08
COMMISSION
FORM WAS
UPHELD
The Government Under Which Grand
Junction and Other Colorado Cit
les Operate, Declared Consti-
tutional by District Judge
Rizer.-Fight Is Not
0ver-Ruling.
Sentinel Special Service.

! sothllutl SftNldl SeTNlCes
Pueblo, Colo. Apr. S.-Ruling on
a demurrer filed by the city, District
Judge ]. E. Rizer has declared COM
mission government in Colorado con-
stitutional The demurrer filed by
the defendant municipality to the
quo warranto proceedings instituted
by former City Treasurer w. H.
Tate was sustained.
The decision of Judge Rizer hand
ed down after two weeks of consid-
GRAFTON over the many fine points
involved, required 26 pages of type
written matter and was read before
courtroom full of interested peo-
pie.
In the city's demurrer il was con-
tended that Tate had shown no
cause of action because the charter
was legal since the Goth amendment
to the state constitution was self
executing, and that Tate had no
right to maintain the suit. The only
contention of the plaintiff that was
upheld by the court concerned the
statement that he Is a resident and
taxpayer.
The court contended that the con-
stitution must be literally construed.
Since 1t is impossible for the makers
y
objection, it is necessary to give the
people the benefit of the doubt, so
long as 1t results in carrying out the
known intent of the constitution.
When the people have spoken thus
the,rS words should be literally con-
! sfs'ued. The court stated that there
was no ambiguity in the goth amend
ment and that without doubt 1t is
self executing.
ITO deny that the amendment is
self executing would be to deny the
right of the people to govern them
selves" declared Judge Rizer.
1t was the contention of Attorney
Dixon for Tate that the charter cleo
tion was held under no law at all as
the old statutes had been repealed
and the new ones containing the re-
vised registration rules had not gone
into effect. In connection with this
point Judge Rizer held that the old
law still was in effect. otherwise the
people of Pueblo would have been
the same as disfranchised for three
months. which would not be possible
under the federal laws.
The decision affords only tenn
porary relief No attempt was made
to go into the legality of the charter
L.
days in which to file an amended
complaint in district court, which he
intends to do. Judge Dixon contends
that the Pueblo charter and all other
commission government charters in
the state are so imperfect that they
will not stand the test of the courts.
On these grounds he will base flu
ture action.
Commenting upon the decision the
Pueblo Star-Journal says in part to-
day:
UNFORTUNATELY however. the de-
cision of Judge Rizer does not touch
upon the real question which the
people of Pueblo would like to see
decided. that being the legality of
the charter itself This has been
attacked even in the action filed in
behalf of Mr. Tate. but Judge Rizer
did not see fit to give any interpre-
tation of this matter. He refers to
it only briefly in the closing part of
his argument. and although he says
that in the petition relator sets up
the claim that many of the provis-
ions of the charter are contrary to
law and sufficient to make the char
ter illegal in toto, it is not necessary
for the court to passupon them at
this time, as the charter itself was
not an issue.