Pueblo chieftain., 1921-04-05
3 IMPORTANT
DECISIONS BY
STATE COURT
Far Reaching Opinions
Handed Down to Settle
Future Controversies
Special to The chieftain.

Special to The Chieftain.
Denver, April 4.-In three f what
the members of the court themselves
hold to be the most far-reachinE opin-
ions ever delivered by the court, the
state supreme court today held that
the constitutional amendment adopted
SOM years ago giving the peopie tne
right to recall judicial opinions Is un.
CONSTITUTIONAL; that the constitutional
amendment adopted at the same time
preventing district courts from passing
on the consttutionality OF statutes,
city charters, etc. Is also unconstitu-
tionsl. that the state Industrial com
mission has the right to issue an
order preventing strike or a lockout
pending its investigation and an
announcement Of its report when coal
strike or lockout is imminent; that
the coal industry of the state is af-
fected with public interest and that
tho district court has the right to
issue an injunction preventing strike
or lockout pending a settlement of
the differences by the state industrial
commission and that no man or set
OF men have the right to incite men
mining coal to go on strike at any
time
The coal miners decision was rem
dercd in the case of the United Mine
Workers of America of District No. Is
who went on strike when the industrial
commission still had their strike propo-
sition under consideration. The court
holds that the act creating the commits
sion is constitutional; that the COM
mission has fun power TO investigate
strikes; that the coal mining industry
Ia affected with a public interest, and
as such the commission has the right
To use the district court in injunction
proceedings to prevent either a strike
or lockout until after 1t shall have
investigated and passed on the merits
Of the questions in dispute. The court
ia hn he
mining INDUSTRY is affected with n
public interest because it is vitality re-
lated not only to all other Industries
hut to the health and the life of the
people The decision cites a number of
Incidents where governors have taken
charge OF the coal mining industry and
run the mino during strikes to prove
its contention.
The members Of the court frankly,
stated that the two opinions relative
10 the recall OF judicial opinion and
the rights OF the district court to de-
clare Unconstitutional statutes. etc
was the moet far-reachinE opinion in
the history OF the court. They had the
clerk of the court prepare statement
for the newspapers giving the Eist and
purport OF these two opinions. This Is
tho frst time in the history OF the court
where its opinions we.S followed by
statement for the press telling exactly
what the opinions hold
Tho statement prepared by the court
and given out by tho chief clerk fol-
lows.
In People Y. Western Union Tcle-
graph company the company was
prosecuted under tho AnuCoerciop
act for discharging Holeon because he
refused to withdraw from the Com
mcrciai Telcgraphers union II was
coutcnded that the act was contrary
to the United States constitution.
Judge Dcnison. in the district court
sustained this contention. and the SUI
preme court decision affirms that
judgment, on the ground that the
same act In kanss, ''sis so held by
the supreme court OF tho United
States.
In People V. Max the defendant was