USA > Colorado > History of Colorado; Volume I > Part 21
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April 20, 1897
Earl M. Cranston.
April 25, 1901
Thomas Ward, Jr.
February 17, 1908
Harry Eugene Kelly
February 17, 1912
Harry B. Tedrow.
. June 26, 1914
LENGTH OF SESSIONS AND NUMBER OF MEMBERS-TERRITORIAL ORGANIZATION
Time of
Length of
Year
Meeting
Adjournment
Session
No. Mems.
1861
September 9th
November 7th
60 days
22
1862
July 7th
August 15
40 days
39
1864
. February Ist
March 11th
40 days
39
1865
January 2nd
February 10th
40 days
39
1866
. January Ist
February 9th
40 days
39
1866.
December 3d
January II, 1867
40 days
39
1867
December 2d
January 10, 1868
40 days
39
1870
January 3d
February 11th
40 days
39
1872.
January Ist
February 9th
40 days
39
1874.
January 5th
February 13th
40 days
39
1876.
January 3d
February 11th
40 days
39
CONSTITUTIONAL CONVENTIONS
1865.
Aug. 8
Aug. 12
5 days
62
1875 Dec. 20
March 15, 1876
87 days
39
BROADMOOR HOTEL, COLORADO SPRINGS
STRATTON PARK, COLORADO SPRINGS
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HISTORY OF COLORADO
FIRST ELECTION POLL BY COUNTIES
The vote by counties at the first general election was as follows:
Governor
Counties
John L. Routt, R.
Bela M. Hughes, D.
Arapahoe
2,173
1,795
Bent
250
439
Boulder
1,539
1,096
Costilla
351
173
Conejos
341
218
Clear Creek
1,072
1,03I
Douglas
282
333
Elbert
84
II7
El Paso
713
397
Fremont
522
531
Gilpin
1,005
763
Grand
73
I47
Huerfano
410
614
Hinsdale
420
382
Jefferson
537
596
Larimer
374
300
Lake
229
234
Las Animas
669
1,27I
La Plata
50
IO8
Park
465
423
Pueblo
543
739
Rio Grande
364
362
Saguache
306
189
San Juan
393
410
Summit
201
185
Weld
788
463
Total
14,154
13,316
CHAPTER IX
THE CONSTITUTIONAL CONVENTION
OPPOSITION TO STATEHOOD-MEETINGS OF CONVENTION-APPOINTMENT OF COM- MITTEES-SUMMARY OF CONSTITUTION-FRAMING AN APPEAL TO THE PEOPLE- THE VOTE-SUBMITTING OF CONSTITUTION TO FEDERAL AUTHORITIES-STATE- HOOD
It was by no means certain that the people of Colorado would accept the state- hood offered by the Federal Government under the enabling act of March 3, 1875. In fact when the constitution was finally submitted it needed no argument, for it was throughout an ably prepared document, but its defeat was looked for by many because the sentiment against statehood was still strong.
This was the third effort at statehood, the others having failed respectively by reason of an adverse majority and a presidential veto. But in 1875 the popula- tion was approximately one hundred thousand, and there had grown up in the people of the territory a pride in its resources, its climate, its beauty and gran- deur, but above all in its tremendous possibilities.
True, the panic of 1873 had just penetrated to the Rocky Mountain region, the locust pest had devastated the crops in 1873, and all efforts at extending ir- rigation systems had ceased for the time.
But the men who came to frame this constitution were the most influential citizens of their respective communities, and, having the confidence of the voters, would each personally draw a large contingent to support the document.
In the two other efforts to gain admission it was more an attempt to break into the union. This time Congress and the President had defined the exact con- ditions under which statehood was possible.
The convention met for the first time in the Odd Fellows Hall, First National Bank Building, northeast corner of Blake and Fifteenth streets, on December 20, 1875.
The constitutional convention was comprised as follows:
From the First District, composed of the County of Weld, S. J. Plumb and J. S. Wheeler.
From the Second District, composed of the counties of Weld and Larimer, A. K. Yount.
From the Third District, composed of the County of Larimer, W. C. Stover. From the Fourth District, composed of the County of Boulder, Wm. E. Beck and Byron L. Carr.
From the Fifth District, composed of the County of Gilpin, Alvin Marsh and L. C. Rockwell.
183
184
HISTORY OF COLORADO
From the Sixth District, composed of the County of Clear Creek, Wm. M. Clark and Wm. H. Cushman.
From the Seventh District, composed of the counties of Clear Creek, Sum- mit and Grand, W. W. Webster.
From the Eighth District, composed of the County of Jefferson, Geo. G. White and Wm. Lee.
From the Ninth District, composed of the County of Arapahoe, E. T. Wells, H. P. H. Bromwell, L. C. Ellsworth, F. J. Ebert, C. P. Elder and Daniel Hurd.
From the Tenth District, composed of the counties of Arapahoe and Doug- las, P. P. Wilcox.
From the Eleventh District, composed of the County of Bent, J. W. Widder- field.
From the Twelfth District, composed of the counties of Bent and Elbert, John S. Hough.
From the Thirteenth District, composed of the County of El Paso, J. C. Wilson and Robert Douglas.
From the Fourteenth District, composed of the counties of Park and Lake, Wm. H. James and Geo. E. Pease.
From the Fifteenth District, composed of the County of Saguache, W. B. Felton.
From the Sixteenth Dictrict, composed of the County of Fremont, A. D. Cooper.
From the Seventeenth District, composed of the County of Pueblo, Wilbur F. Stone and Henry C. Thatcher.
From the Eighteenth District, composed of the County of Las Animas, Jesus M. Garcia, Casimiro Barela and George Boyles.
From the Nineteenth District, composed of the counties of Las Animas and Huerfano, Agapeta Vijil.
From the Twentieth District, composed of the County of Huerfano, Robert A. Quillian.
From the Twenty-first District, composed of the County of Costilla, Wm. H. Meyer.
From the Twenty-second District, composed of the County of Conejos, La Fayette Head.
From the Twenty-third District, composed of the counties of Rio Grande and Hinsdale, Wm. R. Kennedy.
From the Twenty-fourth District, composed of the County of La Plata, Henry R. Crosby.
Judge Wilbur F. Stone, of Pueblo, was made temporary chairman, being succeeded on December 21st, by Joseph C. Wilson, of El Paso, permanent chair- man. The secretary of the convention was W. W. Coulson.
The convention was in session until March 15, 1876, and framed the present fundamental law of Colorado, on the whole one of the best of the state consti- tutions of the Union. Throughout the sessions the men were animated by a desire to make the fundamental law as just and fair as the joint opinions of its members could frame it.
The following is a list of its committees :
Bill of Rights-Messrs. Marsh, Widderfield, Hurd, Ellsworth and Wheeler.
185
HISTORY OF COLORADO
Legislature and Legislation-Messrs. Thatcher, Stover, Elder, James, Meyer, Wilcox, Clark, Boyles and Cushman.
Executive Department-Messrs. Elder, Hough, James, Head and White.
Judiciary-Messrs. Stone, Wells, Thatcher, Beck, Marsh, Rockwell, White, Boyles, Kennedy, Pease and Felton.
Rights of Suffrage and Elections-Messrs. Webster, Bromwell, Stone, Beck and Vijil.
Impeachment and Removal from Office-Messrs. Crosby, White, Wilcox, Meyer and Garcia.
Education and Educational Institutions-Messrs. Hurd, Stone, Carr, Wheeler and Douglas.
Public and Private Corporations-Messrs. Rockwell, Cooper, Ellsworth, Thatcher, Wheeler, Meyer, Douglas, Webster and Barela.
Revenue and Finance-Messrs. Cushman, Yount, Hough, Plumb and Ells- worth.
Counties-Messrs. Boyles, James, Stover, Hurd and Plumb.
Officers and Oath of Office-Messrs. Felton, Wells, Lee, Crosby and Quil- lian.
Military Affairs-Messrs. Carr, Cooper and Pease.
Mines and Mining-Messrs. Clark, James, Kennedy, Rockwell, Crosby, Stover, Ebert, Carr and Webster.
Irrigation, Agriculture and Manufactures-Messrs. Plumb, Head, Barela, Felton, Wheeler, Lee, Ebert, Widderfield and Cooper.
Accounts and Expenditures of Convention-Messrs. Yount, Ebert and Barela.
State Institutions and Buildings-Messrs. Douglas, Hurd, Quillian, Cushman and Kennedy.
Congressional and Legislative apportionments-Messrs. Beck, Thatcher, Quil- lian, Ellsworth, White, Meyer, Pease, Kennedy and Clark.
Federal Relations-Messrs. Wilcox, White and Garcia.
Future Amendments-Messrs. Pease, Elder, Boyles, Wilcox and Marsh.
Revision and Adjustments-Messrs. Wells, Bromwell, Carr, Lee and Rock- well.
Schedule-Messrs. Quillian, Wells, Stone, Marsh and Carr.
Printing-Messrs. Hough, Bromwell and Webster.
Enrolling and Engrossing-Messrs. Cooper, Crosby and Widderfield.
Miscellaneous-Messrs. Head, Beck, Garcia, Lee and Elder.
State, County and Municipal Indebtedness-Messrs. Bromwell, Cushman, Hough, Douglas and Yount.
Forest Culture-Messrs. Ebert, Felton and Stover.
SUMMARY OF THE CONSTITUTION
The Bill of Rights guarantees all national and civil rights, and to the end that more power should be reserved to the people it declared that the General Assembly shall make no irrevocable grants of special privileges or immunities ; that private property shall not be taken or damaged for public or private use without just compensation ; that no preference shall be given by law to religious denominations; that right and justice shall be administered without sale, denial
186
HISTORY OF COLORADO
or delay; that aliens, who are bona fide residents of the state, shall acquire, in- herit, possess and enjoy property to the full extent as if native-born citizens. The grand jury system was modified so as to make a grand jury consist of twelve men instead of twenty-three-any nine of whom concurring may find a bill, and the question whether it may not be abolished altogether is left to the Legisla- ture. The petit jury system was modified so as to permit the organization of a jury of less than twelve men in civil cases. The right of trial by jury in all criminal cases was preserved, and for the purpose of protecting witnesses in criminal prosecutions, and that the accused may always meet the witnesses against him face to face, provided for the taking of depositions before some judge of the Supreme, District or County Court, which can be used upon trial of the cause when the personal attendance of the witness cannot be obtained.
The term of office of the governor and other state officers was fixed at two years.
The Governor was given the power to remove all officers by him appointed, for misconduct or malfeasance in office; he was also empowered to grant par- dons, subject, however, to such regulations for the application of the same as may be provided by law. All the state officers were to be paid by salaries for their services, and were required to pay into the treasury "all fees by them col- lected in their respective offices."
The General Assembly was required to meet once in two years. The term of office of the senators was fixed at four years; that of representatives at two. For the first session the compensation of the members of the General Assembly was fixed at $4 per day, and thereafter as may be provided by law. "No mem- ber of the General Assembly shall, during his term of office, receive any increase of salary, or mileage, above that allowed at the time of his election."
The evils of local and special legislation being patent, the passage of any . law not general in its provisions was prohibited.
To afford protection from hasty legislation, it was required that all bills should be printed; that only one subject should be embraced in each bill, which should be clearly expressed in its title; that it should be read on three different days in each house before being passed, and that no bill should be introduced, except for the general expenses of the Government, after the first twenty-five days of the session.
It prohibited the passing of any law giving extra compensation, to any public officer, servant, agent or employe, after services rendered, without previous au- thority of law; "nor is any officer of the state to be in any way interested in any contracts or awards by which the legislative and other departments of govern- ment are furnished with stationery, printing, paper and fuel."
"It is further provided that no appropriation shall be made to any denomina- tional, sectarian or any other institution not under the absolute control of the State."
The District Courts were invested with original jurisdiction to hear and de- termine all controversies in behalf of the people, concerning the rights, duties and liabilities of railroad, telegraph and toll road companies or corporations. A Supreme Court, composed of different judges from those of the District Courts, was created. "This court," it was explained, "will have three judges, and as constituted will obviate the objections long entertained and frequently expressed
-
-
187
HISTORY OF COLORADO
against our present system, by which the same judge who presides over the trial of a cause in the District Court sits in review of his own decision in the Su- preme Court."
The judges of the District Courts were to be elected for six, and those of the Supreme Court for nine years.
Instead of Probate Courts, County Courts were created for every county, with probate jurisdiction, and such civil and criminal jurisdiction as may be prescribed by law, their civil jurisdiction being limited to controversies in which the amount involved does not exceed the sum of two thousand dollars. The judges of these courts were to be elected for three years.
The General Assembly was empowered to create Criminal Courts for coun- ties having a population exceeding fifteen thousand, and Police Magistrates for cities and towns.
Justices of the Peace were to have jurisdiction to the amount of three hun- dred dollars.
The general supervision of the public schools was vested in a Board of Edu- cation.
The maintenance of free public schools, and the gratuitous instruction therein for all children between the ages of six and twenty-one years, was forever guar- anteed.
It was declared that the public school fund shall forever remain inviolate and intact: "that neither the State, nor any county, city, town or school district shall ever make any appropriation, nor pay from any public fund any thing in aid of, or to help support any school or institution of learning of any kind con- trolled by any church or sectarian denomination whatsoever; that no religious test shall ever be required as a condition for admission into any of the public schools, either as pupil or teacher; that no religious or sectarian dogmas shall ever be taught in any of the schools under the patronage of the State."
A state census was to be taken in the year 1885, and every ten years there- after, which, with the Federal census of 1880, decennially thereafter, would en- able the General Assembly to revise and correct the apportionment, on the basis of population, every five years.
It provided for the wiping out of all dormant and sham corporations claim- ing special and exclusive privileges; denied the General Assembly the power to ยท create corporations, or to extend or enlarge their chartered rights by special legislation, or to make such rights and privileges irrevocable.
It forbade the consolidation of parallel and competing railroad lines, and of all unjust and unreasonable discriminations between individuals in their business with such corporations. It retained the jurisdiction of state courts in case of consolidation of a corporation within the state with any foreign corporation, over that part of the corporate property within the limits of this state.
For the purpose of defraying the expenses of the state, a tax was provided for, not in any case to exceed six mills on the dollar, with restrictions, that "when the valuation of property within the state shall amount to one hundred million dollars, the rate shall not exceed four mills, and when the valuation shall amount to three hundred million dollars, the rate shall never thereafter exceed two mills on each dollar of valuation."
Corporations and corporate property, real and personal, were required to
188
HISTORY OF COLORADO
share the burden of taxation, and the power to tax the same was never to be relinquished or suspended.
The Legislature was prohibited from lending the credit of the state in aid of any corporation, either by loan or becoming a subscriber to any stock, or a joint owner with any party, except in case of forfeitures and escheats; neither could it assume any debt or liability of any party. It required that appropriations be kept within the limits of resources, and that no appropriations be made unless assessments were made sufficient to meet them, and at the same session of the Legislature.
It provided that the General Assembly shall not by special law remove the county seat of any county, but that the location of county seats should always remain a question to be voted on by the qualified electors in the several counties.
It prohibited under very stringent provisions the importation, manufacture and sale of all spurious or adulterated liquors.
It provided liberally for the amending of the Constitution.
In submitting the document to the people the committee closed its appeal with this argument, which gives a clear insight into the insidious nature of the opposition :
"We do not think it necessary to enter into an elaborate argument to show why they should meet your approval; believing that you fully appreciate the inestimable prize secured by entering the sisterhood of states, whereby you gain those privileges that flow only from that form of government, which is the offspring of your choice, completely free in its principles, uniting in its powers, security, happiness and prosperity of the whole people. But it is easy to foresee that from different causes, and from different sources, an effort will be made, and many artifices employed to weaken in your minds the conviction of this truth, and we may reasonably assume that the chief objection made to a state govern- ment will not be founded upon the character of the instrument we have framed, but upon the alleged and supposed increase of expenses and consequent taxation. This is the old cry, and however potent it may have been heretofore, it certainly has lost its force in the facts of the present. We meet this objection directly, by conceding that a state government will, of course, involve an increased ex- pense over that of our present form, but we assert that this expense will be more than balanced by the pecuniary gain alone which we will receive by be- coming a state. We will suppose that if we are not admitted now, we will not . have another opportunity of admission for at least five years. The increase in our expenses under a State government will be about $50,000 per annum, which, in five years, will amount to $250,000. This would be saved to us, or, more properly, be delayed in payment, by remaining out of the Union five years longer.
"Now, let us see what we would lose in that time: The Act of Congress granting Sections Sixteen and Thirty-six for school purposes allows the State to select an amount of public land equal to that which has been sold out of said Sections to settlers prior to survey. Under this arrangement we will be entitled to select about fifty sections of land.
"The Enabling Act grants fifty other sections for public buildings, fifty sec- tions for the penitentiary, and seventy-two sections for general purposes-mak- ing a total of two hundred and twenty-two sections, or one hundred and forty-two
189
HISTORY OF COLORADO
thousand and eighty acres of land, which, at $2.50 per acre, amounts, in value, to $385,200.
"It will also be remembered that, upon becoming a state, Colorado will be entitled to five hundred thousand acres of public land within her borders, by virtue of a grant heretofore made by Congress. This amount, if selected now, would be worth to us at least $500,000.
"The Enabling Act also grants the State five per cent. of the proceeds from the sale of the public agricultural lands after the adoption of this Constitution. The amount to be derived from this source for the next five years would ex- ceed one hundred thousand dollars, which, added to the value of the land above mentioned, would make a total of about $1,000,000, which is four times the esti- mated amount of the increased expenses of the State for this period, so that we would really gain over three-quarters of a million dollars in five years by becoming a State. More than this, the revenues from sections sixteen and thirty- six will save the whole State, in our school taxes, from ten to twenty-five thou- sand dollars yearly, making a saving in five years of from fifty to one hundred thousand dollars in addition to that already estimated. Should we not be ad- mitted, and remain in a Territorial condition five years longer, most, if not all, the public agricultural and non-mineral lands in Colorado, which are worth any- thing, will have been sold by that time, so that there being none left for selection, we would lose all this, even if a like grant should be renewed at the end of that time. No one will doubt this statement who reflects upon the small amount of public agricultural lands now left within our territorial limits, and considers the probable immigration for the next five years. The five per cent. alluded to would, from the same cause, like the lands granted in the Enabling Act, be forever lost to Colorado, and we would, therefore, at the end of that time be obliged to commence our statehood with increased expenses, and at a dead loss of over a million of dollars at the lowest possible estimate. In addition to these several benefits to be derived by our admission into the Union at this time, we would also call your attention to the fact that, by cutting off special legislation, we have lessened the expenses of that department almost one-half; by reducing the number of petit and grand jurors the expenses of the judiciary department are greatly reduced, while the provisions guarding against hasty legislation at the close of the sessions of the General Assembly, will prevent great squander- ing of public money, and in many cases save more to the State than sufficient to pay the per diem and mileage of the members of that body."
On July 1, 1876, the vote on the ratification of the document was: For the constitution, 15,443 ; against, 4,062.
The authenticated copy of the constitution with the certified copy of the vote was taken to Washington by John N. Reigart, secretary to Governor Routt.
On August Ist, President Grant issued the proclamation admitting Colorado to statehood.
CHAPTER X
GROWTH OF THE STATE GOVERNMENT
THE EXECUTIVE DEPARTMENT-ROSTER OF ELECTIVE STATE OFFICERS-REPRESENTA- TION IN CONGRESS-THE MEMBERSHIP OF THE SUPREME BENCH-DENVER BE- COMES THE CAPITAL-BUILDING THE STATE HOUSE-WHEN THE NEW COUNTIES WERE CREATED-THE STATE'S FINANCES-AMENDING THE CONSTITUTION-THE INITIATIVE AND REFERENDUM-RECALL OF DECISIONS- THE SUFFRAGE AMEND- MENT-PROHIBITION-CHANGES IN THE FUNDAMENTAL LAW
The executive department of the State of Colorado consists of a Governor, Lieutenant Governor, Secretary of State, Auditor of State, State Treasurer, Attorney General, and Superintendent of Public Instruction, each of whom holds office for the term of two years, beginning on the second Tuesday of Janu- ary next after his election, and until his successor is elected and qualified.
The returns of every election for state officers are sealed up and transmitted to the Secretary of State, directed to the Speaker of the House of Representa- tives, who immediately, upon the organization of the House and before proceed- ing to other business, opens and publishes the same in the presence of a majority of the members of both houses of the General Assembly. The persons having the highest number of votes for either of said offices are declared elected; but if two or more be equal and highest in votes, one of them shall be chosen to the office by the joint votes of both houses. Contested elections for these offices are determined by both houses of the General Assembly by joint ballot.
The age requirement for Governor, Lieutenant Governor, or Superintendent of Public Instruction is thirty years; for the other elective officers it is twenty-five years.
The Governor nominates and, with the consent of the Senate, appoints all officers "whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for." In case of a vacancy in any office which is not elective during the recess of the Senate, the Governor makes temporary appointment until the next meet- ing of the Senate, when he nominates some person to fill such office. If the office of Auditor of State, State Treasurer, Secretary of State, Attorney General or Superintendent of Public Instruction is vacated by death, resignation or other- wise, the Governor fills the same by appointment.
The Governor has power to grant reprieves, commutations and pardons after conviction for all offenses except treason or conviction of impeachment.
The Governor may, on extraordinary occasions, convene the General Assem-
190
UNITED STATES MINT, DENVER
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HISTORY OF COLORADO
bly by proclamation, but, at such special sessions, no business shall be trans- acted other than that specially named in the proclamation.
The Governor has power to disapprove of any item or items of any bill mak- ing appropriations of money.
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