The Glenwood post., 1915-05-29
Serious lsgA oukstioa r.
WlvOd h coloraio's 8.
daistie eet0onim
TESTED N the COURTS
(By Alva A. Swain)

nectlon with the flSht to make Colo
rado dry is peculiarly unique. 1t never
gould have resulted had it not been for
the adoption of the recall of judicial
decisions by the people two years ago.
Because that amendment was written
into our state constitution at time
when the so-called reform wave was
sweeping the country, Colorado now
faces the proposition Of having to re-
pea that part of our constitution or of
. having all towns acting under the home
rule amendment 60 wet if they SO de-
sire, irrespective of the constitutional
amendment adopted last fall. To be
sure the attorneys for the drys will
make a desperate legal fight to ovc
come the situation, but even they ad-
NIT that in our haste to adopt an upto-
date reformed constitution We have
come very close to making the city and
town government greater than the state
government, if the people of the cities
and towns SO desire.
A review of the history of the pres
ent situation is mot amiss.
In the winter Of 1901 the legislature
submitted what is known as the Rush
bill to the people. 1t was proposed
constitutional amendment consolidating
the city and county government of the
city of Denver and the then County If
Arapahoe which sought to give unto
. the people of Denver what is commonly
termed "Home Rule 1t gave them
the right to govern themselves on mat
ters purely local and pertaining to city
government. A number of suits fol-
lowed testing the validity of the amend
ment and finally the courts passed upon
enough legal points to give Denver an
idea as to where she stood from gov
ernmental point of view. Following
this a number of cities in the state de-
cided that the Rush Home Rule act
could be applied to them the same as
to Denver; that a constitutional amend
ment giving Denver certain rights nee
essarily 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 cleo
torate adopted home rule under the
name of commission government. Fol.
lowing this came a number of legal
cases i'm which the charters of these
towns appeared to be in technical legal
jeopardy.
Two years ago there was submitted
to the people under the initiative and
referendum what is known as the
Home Hule amendment. This amend
ment sought to amend the state consti-
tuition SO that any town or city that so
desired could operate under the com-
mission form of government and it
specifically named the towns of Denver.
Pueblo, Colorado Springs and Grand
Junction and declared their charters
and governments to be valid.
There were two provisions in tina.
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 1000 inhabitants as determined
by the last preceding census are
hereby vested with and they shall
always have power to make, amend,
add to or replace the charter of
said city or town which shall b
its organic law and extend to all
local and municipal matters.
"Such charter and ordinances
made pursuant thereto in such mat
. ters shall supersede within the ter
ritorial limits and other jurisdic-
tion of said city or town any law
of the state in conflict herewith
The last section is admitted by the
arys to be their stumbling block.
At the same election there was sub
a mitted an mendment to the constitu-
ton known as the recall of judicial de-
eisioas. This amendment provides that
where the supreme court decides q
question relative to city or town the
people of that city or town can, through
petition signed BY per cent Of their
electors, force the legislative depart.
ment Of said city or town to submit the
question to the people of that city os
town and if the people vote against the
court then the ruling Of the court is
Of no avail in that city or town.
The provision Of the recall Of Judi
cial decisions relative to questions per
taiaing to eitiss o. tswas h - fellsws.
eff such Ascision esaess1s .
charter q IN a1salneat sAaseo