The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1915-05-26
WILL DENVER BE WET OR DRY?
How One of Colorado's New Fads Sur.
prises Its Friends
(By Alva SWAIN

NBy AVA oWalhJ
The situation that has arisen in con-
nection with the fight TO make Colo
RADIO dry is unique. 1t never could
have resulted had it not been for the
adoption Of the recall of judicial de-
cisions by the people two years ago.
Because that amendment was written
into our state constitution at a time
when the so-called reform wave was
sweeping the country, Colorado now
faces the proposition of having to re
peal that part of our constitution or
of having all towns acting under the
Home Rule amendment go wet if they
so desire, irrespective of the consti-
tutional amendment adopted last fall.
To be sure the attorneys for the drys
will make a desperate legal fight to
overcome the situation but even they
admit that in our haste to adopt an
up-to-date reformed constitution we
have come very close TO making the
city and town government greater
than the state government, if the peo-
pie Of the cities and towns so desire.
A review Of tine history Of the pres
ent situation is not amiss.
In the winter Of 1901 the Legislature
submitted what is known as the Rush
bill to the people. 1t was a proposed
constitutional amendment consolidat-
ing the city and county government
of the city of Denver and the then
county Of Arapahoe, and sought to
give to the people Of Denver what is
commonly termed "Home Rule" 1t
gave them the right to govern them
selves on matters purely local and
pertaining to city government. A num-
Der Of suits following testing the val
idity Of the amendment and finally
the courts passed upon enough legal
points to give Denver an idea as to
where she stood from a governmental
point OF view. Following this a num-
Der of cities in the state decided that
the Rush Home Rule act could be ap-
piled to them the same as to Den
yer; that constitutional amendment
giving Denver certain rights necessar-
lily gave the other cities of the state
the same rights if they cared to avail
themselves Of those rights. Quite a
number Of the cities, including Colo
RADIO Springs, Pueblo, Grand Junction
and others, by direct vote Of their
electorate adopted home rule under
the name of commission government
Following this came a number of le-
gal cases in which the charters Of
these towns appeared to be in techni
cal legal jeopardy.
Two years ago there was submitted
to the people under the initiative and
what is known as the
Home Rule amendment. This amend
ment sought to amend the state con-
stitution so that any town or city
that so desired could operate under the
form of government and
it specifically named the towns of
Denver, Pueblo, Colorado Sproings and
Grand Junction and declared their
charters and governments to be valid
There were two provisions in that
Home Rule amendment that were ex-
tremely strong in language. They
were:
"The people of each city or town
in this state having a population of
2, 900 inhabitants as determined by the
last preceding census are hereby vest
ed with and they shall always have
power to make, amend, add to or re-
place the charter of said city or town
which shall be its organic law and
to all local and municipal mat
ters.
"Such charter and the ordinances
made pursuant thereto in such mat
ters shall supercede within the terri
torial limits and other jurisdiction Of
said city or town any law of the state