The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1915-05-26


drys to be their stumbling block.
At the same election there was sub
mitted an amendment TO the constitu-
ton known as the Recall of Judicial
that where the supreme court decides
question relative to a city or town
the people of that city or town can,
through petition signed by 5 per cent
of their electors, force the legislativ,
department of said city or town to
submit the question to the people of
that city or town and if the people
vote against the court then the ruling
of the court is of no avail in that city
of town.
| The provision OF the recall OF judi
cial decisions relative to questions per
tanning to cities or towns is as fol-
lows:
Z "If such decision concerns a charter
or an amendment thereto Of city or
city and county acting under Article
Xxx of this constitution, it shall not
be binding until sixty days after it
has been filed in the office Of the clerk
Of the said court Within sixty days
referendum petition, signed by not
less than per cent of the qualified
electors Of such city or city and coun-
ty, may request that such charter or
amendment thereto be submitted to the
people of such city or city and county
for their adoption or rejection. 1t shall
be the duty Of such Legislative body TO
publish the text of such charter or
amendment thereto as initiative ordin-
ances and published as near as may be
and submit such charter or amendment
thereto to the people Of such city or
city and county, at an election to be
called by said Legislative body not less
than sixty days after the filing Of
said petition, unless there should be
under the charter of said city or city
and county a regular election, to be
held for the election of officers Of said
city or city and county within said
sixty days in which event such charter
or amendment thereto may be submit
ted to the vote Of the people at such
regular election. All such charters or
amendments thereto so submitted as
herein provided when approved by q
majority Of the votes cast thereon in
said city or city and county shall be
and become the law Of this state and
of said city or city and county not
lwithstandinR the decision Of the su-
preme court"
Following this election case known
as the People VS.. Provost was carried
to the supreme court from Pueblo
county TO test the validity of the
Home Rule amendment as adopted in
1912 which made valid the commission
form of government Of Grand June
ton, Pueblo, Denver and Colorado
Springs, and which gave all Of the
other towns and cities Of 1000 inhab-
itants the right to establish similar
governments, and the court upheld
the new constitutional provision. At
that time an effort was made to have
that portion of the constitution re-
calling judicial decisions declared in
lvalid, but the court held that thc
question was not before the court.
Last fall the people adopted the pro-
hibition constitutional amendment,
which read as follows:
From and after the first day of
January, 1916, no person, association
or corporation, shall, within this state,
manufacture for sale or gift any IN
toxicating liquors, and no person, as
sociation or corporation shall import
into this state any Intoxicating liquors
for sale of gift, and no person, asso-
citation or corporation shall, within
this state, sell or keep for sale any
Intoxicating liquors or offer for sale
any intoxicating liquors for barter or
trade. Provided, however, that the
handling Of Intoxicating liquors Cor
medicinal or sacramental purposes
may be provided by statute.
Section 2. All provisions of the
constitution in conflict herewith are
hereby repealed"
When the Denver election was to be
held this spring the vets proposed an
amendment to the city charter, pro-