Semi-weekly herald., 1915-05-27

ment thereto as initiative ordinances
are 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
submitted to the vote Of the peo-
pie at such regular election. All such
charters or amendments thereto sub
mitted as herein provided when ap-
proved by majority of the votes
cast thereon in said city or city or
county shall be and become the law
of this state and of said city or city
and county notwithstanding the de-
cision of the supreme 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 1913
which made valid the commission form
Of government of Grand Junction,
Pueblo, Denver and Colorado Springs
and which gave all the other towns
and cities of 1000 inhabitants the
right to establish similar governments
and the court upheld the new consti-
trtional provision. At that time an
effort was made to have that portion
OF the constitution recalling judicial
decisions declared invalid, but the
court held that the question was not
before the court.
Last fall the people adopted the
prohibition 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 liq-
uors for sale or gift; and no person.
association or corporation shall, with
in this state, sell or keep for sale any
intoxicating liquor or offer any in
70 ho 10, -, 10
Provided, however, that the handling
of intoxicating liquors for medical or
sacramental purposes may be provid-
ed 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hereby repealed"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
providing that Denver shall be wet
1t was so worded as to give the COM
missioners of the city the right tc
grant licenses to sell whiskey. The
charter amendment was adopted. The
vets expect that it will be carried tc
the supreme court and they expect
the court to hold that Denver can
not sell whiskey. Immediately they
will act under the provision of the
recall which gives the towns and cities
the right to recall decision of the
court and under tho provisions of the
home rule amendment, which has
been sustained by the supreme court
and secure a petition signed by per
cent of the citizens Of Denver and
submit the question of recalling the
courts decision. If the decision is
recalled by vote then the drys will
take the matter to the supreme court
on the ground that the recall of ju-
dicial opinions is in this case uncon-
stitutional The drys will claim that
the prohibition amendment adopted
last fall supersedes all ather provis-
ions of the constitution. The vets
claim that the home rule amendment
and the recall of judicial decision
amendment takes Denver and all 9th
er towns acting under charters ere
ated under the home rule amendment
out from under the provisions of the
dry amendment.
The drys will claim that the whis-
key question is question for state
wide police supervision.
Both sides admit that the legal
questions involved are such that each
side has good chance to win. Both
sides admit that if the recall of ju-
dicial opinions insofar as they apply
to towns and cities had never been
adopted, Denver would not now be
facing the peculiar situation that con-
fronts her on the wet and dry propo-
sition.