USA > Colorado > History of Colorado; Volume I > Part 23
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In November, 1908, the amendment to increase salaries of Governor and judges of the Supreme and District courts was voted down.
Article 6, that defining the duties and powers of the judiciary, was first amended on November 21, 1886, to read: "The judicial powers of the state as to matters of law and equity, except as in the constitution otherwise provided, shall be vested in a Supreme Court, justices of the peace and such other courts as may be provided by law." It had read, "and such other courts as may be created by law for cities and incorporated towns."
On November 5, 1912, by initiative petition, this article was again amended, the vote being 55,416 for and 40,891 against. This is the now famous clause, giv- ing the people the power of reviewing certain court decisions. It provides that "None of said courts, except the Supreme Court, shall have any power to declare or adjudicate any law of this state or any city charter or amendment thereto adopted by the people in cities acting under Article XX (the Denver charter) hereof as in violation of the constitution of the state or of the United States; provided that before such decision shall be binding it shall be subject to ap- proval or disapproval by the people." Within sixty days 5 per cent of the voters of the state can obtain submission of the decision to the people of the state.
On November 2, 1886, Article VI, Section 2, was amended to read: "It (the Supreme Court ) shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction and other remedial writs, etc." This had read "other original and remedial writs."
In November, 1904, the term of judges of the Supreme Court, now seven in number, was made ten years. The termination of the Court of Appeals was fixed on the first Wednesday in April, 1905, and "the judges of said court whose regular terms shall not then have expired shall become judges of the Supreme Court. All causes pending before the Court of Appeals shall stand transferred to and be pending in the Supreme Court." The original State Supreme Court consisted of but three members. The Court of Appeals had been created to ex- pedite the business of the Supreme Court. In these amendments, carried in 1904. provision was also made for future elections of Supreme Court judges.
Article VI, Section 14, which empowered the General Assembly to create judicial districts not oftener than once in each six years and only by a two-
MONUMENT VALLEY PARK, COLORADO SPRINGS
NORTH CHEYENNE CANON, COLORADO SPRINGS
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thirds vote, was amended, eliminating the words "not oftener than once in each six years." The vote on this amendment at the election November 2, 1886, stood: For, 14,568; against, 14,022.
An attempt to empower the General Assembly to increase the salaries of the judges of the Supreme and District courts "to not more than $7,000 each" was defeated by a vote of 16,095 to 20,377 in 1890.
In 1904 the terms of district attorneys and District Court judges were fixed at four years.
Article VI, Section 29, was amended in 1878, but no record appears save in the action of the General Assembly. It provided for the appointment to vacancies "on the Supreme and District benches by the Governor, in the office of district attorneys by the judge of the district, and of all other judicial officers by the county commissioners."
The suffrage amendment is to Article VII, Section I, and provides that "He or she shall be a citizen of the United States (over the age of twenty-one)." This was carried in November, 1902, by a vote of 44,769 for and 27,077 against.
An amendment to Article VII, Section 8, permitted the use of voting machines.
An amendment permitting the State University to conduct a medical depart- ment in Denver was adopted in November, 1910, by a vote of 59,295 for, and 15,105 against.
The reorganization of the land board by constitutional amendment was effected in November, 1910, the vote being 42,218 for, and 21,300 against. The amend- ment created a board of three land commissioners, appointed by the Governor, one of whom is designated as president, the second as register, and the third as engineer. . The salary is fixed at $3,000 for each, and the term of office is six yeaŕs.
The section of Article X referring to uniform taxation and exemption has been amended three times. In 1880 a purely technical change was made. In 1892 the word "household goods" was adopted instead of "personal property," and this proviso added: "The provisions of this section shall not affect such special assessments for benefits and municipal improvements as the corporate authorities of cities, towns or improvement districts may assess and collect under provisions to be prescribed by law. This was later, 1904, eliminated.
On November 8, 1893, Article X, Section 11, was adopted and reads: "The rate of taxation on property for state purposes shall never exceed 4 mills on each dollar of valuation."
On November 6, 1888, the effort to increase the rate to 5 mills for 1889 and 1890 was defeated by a vote of 10,102 against and 762 for.
In 1910 the outstanding unpaid warrants, covering extraordinary expenses in strike and other emergency causes had reached the sum of $2,115,000, and by a close vote, 40,054 for and 39,441 against, the people authorized a 6 per cent funding bond issue. Earlier the bond issue for the state capitol building had been voted as an amendment to this clause. But in most instances the effort to amend this clause of the constitution for the creation of a bonded debt failed to carry. In 1904 the effort to create a funding bond issue of $1,500,000 was de- feated by a vote of 51,711 against and 26,334 for.
Article XI, Section 6, was amended in November, 1888, permitting counties to create, by consent of voters, refunding bond issues.
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HISTORY OF COLORADO
In November, 1902, the term of county commissioners was fixed at four years. In counties of over 70,000 the board may consist of five members. In others there must be three commissioners.
In November, 1902, Article XIV, Section 8, was amended, creating the office of county attorney, appointive or elective, and changing the election of all elective county officers to conform with the biennial election period for legis- lators.
In November, 1900, Article XIV of the constitution was adopted, providing for the method of electing delegates to a convention to revise the constitution. By a two-thirds vote the General Assembly may submit the proposition to the people. If carried the next Assembly arranges for the election of constitutional convention to consist of twice the number of state senators. It also provides for the submission of the revised constitution to the people.
Article XX provides for the consolidation of the city and county govern- ments of Denver, and is now, with amendments, the charter under which it operates.
The original consolidation measure was adopted in November, 1902, and was known prior to this as the Rush bill from its author, John A. Rush.
The section known as the "Home Rule" amendment, empowering the munici- pality to "make, amend, add to or replace the charter of said city or town" was adopted by initiative petition November 5, 1912.
The "Recall," empowering the people, on petition of 25 per cent of the electors, to vote upon the question of recalling any elective public officer of the state, is now Article XXI of the constitution. It was adopted by initiative peti- tion, November 5, 1912. The vote was: For, 53,620; against, 39,564.
In November, 1913, Article XI, Section 8, was amended to permit cities and towns to provide for payment of bond issues within sixty but not less than ten years. This had been "within fifteen years." The valuation clause in the section was changed from 3 per cent to 10 per cent.
In November, 1912, Article XIX, Section 2, was amended, compelling the publication of all proposed constitutional amendments with the next issued session laws and also empowering the Assembly to arrange for their more general pub- lication. It also limited proposed amendments to the constitution to six at the same session.
Article XXII, the prohibition amendment to the constitution, provided that "From and after the Ist day of January, 1916, no person, association or corpora- tion shall import into the state any intoxicating liquors; and no person, association or corporation shall within this state sell or keep for sale any intoxicating liquors or offer such for sale, barter or trade." This was voted on November 3, 1914, and adopted by a vote of 129,589 for, and 118,017 against.
In November, 1916, the voters approved Article XXIII of the constitution. This provides that "proposed constitutional amendments and proposed initiated and referred bills shall be published in two issues of two newspapers of opposite political faith in each county of the state."
CHAPTER XI
THE GROWTH OF STATE DEPARTMENTS
THE PUBLIC UTILITIES COMMISSION-BOARD OF EQUALIZATION TURNS POWERS OVER TO A TAX COMMISSION-THE STATE INHERITANCE TAX-BOARD OF STOCK INSPEC- TION COMMISSIONERS-STATE BOARD OF HEALTH-CIVIL SERVICE COMMISSION- STATE BUREAU OF CHILD AND ANIMAL PROTECTION-CHARITIES AND CORRECTION -THE INDUSTRIAL COMMISSION-COAL INSPECTION-STATE HISTORICAL AND NATURAL HISTORY SOCIETY-FISH AND GAME COMMISSION-INSURANCE-IM- MIGRATION-BUREAU OF LABOR STATISTICS-BANKING COMMISSION-CAPITOL MANAGERS-STATE LAND BOARD-ENGINEER-THE STATE SEAL
THE PUBLIC UTILITIES COMMISSION
As early as 1862 the Territorial Legislature passed an act relating to corpora- tions, including those engaged in constructing and operating wagon and rail roads, and in a provision of this act, which prescribed the maintenance of toll roads in good repair, and withheld the right to collect toll and fixed a penalty if they were not so kept, the foundation was laid for later legislation designed to secure the proper maintenance of roadbeds of railroads and the rendering of good service to the public.
The Constitution of the State of Colorado, adopted in 1876, gave specific authority relating to supervision of railroads.
In 1881 an act was passed requiring every railroad company to keep an agent in the principal town or city along its line in this state, to adjust and settle claims for overcharges and for all loss or damage. The penalty fixed for failure to comply was a fine of $3,000 for each month of neglect. A further provision of this act, prescribed the settlement by railroad companies of all claims within sixty days after presentation.
In 1883 an act was passed providing that no railroad corporation transacting its own express business, or express company doing business, in this state, shall charge, demand or receive from any shipper more than double first-class freight rates, and "All individuals, associations and corporations shall have equal rights to have their express, freight and material transported over such railroads in this state."
In 1885 the Legislature established a Railroad Commission, consisting of but one member, and granted him extensive powers.
The first state railroad commissioner under this act was Henry Felker. He as well as his successor had a difficult time starting the work of state regulation. W. A. Hamil, in his report dated December 31, 1892, when it was known that the Legislature would repeal the act creating a commission, said :
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"True it is, that during the last five sessions of our Legislature, the members of both House and Senate have been besieged by some of their constituents to refrain from passing any railroad legislation; but when these protests are ana- lyzed, and the names become known of the signers thereto, it is at once seen that they are persons who either act from purely selfish and personal motives, many of them being large receivers and shippers of freight, who have received from the different railroad corporations large sums of money in the way of re- bates, others being the attorneys of the several corporations within the State."
Governor Buchtel appointed Frederick J. Chamberlin, Halsted L. Ritter and Bulkeley Wells the first commissioners under the act of March, 1907. The exemption of a few roads with small mileage gave an opportunity for legal entan- glements. The Supreme Court finally declared the act constitutional. But, on August 12, 1914, under a new act the state railroad commission was merged into "The Public Utilities Commission," with effective supervision over rate and service of all utilities, including municipally-owned or operated utilities. The first commission under this act was composed of A. P. Anderson, Sheridan L. Ken- dall and George T. Bradley. It is now composed of George T. Bradley, Leroy J. Williams and A. P. Anderson.
STATE BOARD OF EQUALIZATION
There have been several amendments to the article creating the state board of equalization, whose powers at first were limited, and to a large extent advisory to county boards. The board consists of the governor, auditor, treasurer, at- torney general and superintendent of public instruction, and until 1912 its fre- quent sessions interfered seriously with the conduct of departmental business.
On May 20, 1912, a tax commission, created by the Legislature, assumed the statutory power of the board of equalization, the latter retaining only general supervision and the constitutional power of final adjudication. The new law gave the tax commission general supervision over the county assessors and of the tax system generally. The Legislature of 1913 placed the assessment of local public utilities in the hands of the tax commission. The most notable result was the equalization of the state at full cash value. The equalization of 1913 was brought about by the addition of $186,551,658 to the valuations as returned by the local assessors. This was sustained by the Supreme Court. The first tax commission consisted of J. Frank Adams, John B. Phillips and Celsus P. Link.
The tax commission in 1918 is as follows : Celsus P. Link, Edward B. Mor- gan, and Charles S. Glascoe. S. E. Tucker is secretary.
THE STATE INHERITANCE TAX
The law creating a revenue from an inheritance tax was passed in 1902, and amended in 1909. The work of appraising is done through the office of the attor- ney general, who appoints one inheritance tax appraiser for each of three dis- tricts. The law provides a graduated tax, which has since its inception amounted to $3,078,289.48. The record by years is as follows :
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Inheritance tax collections for 1902. $ 539.77
Inheritance tax collections for 1903. 3,435.18
Inheritance tax collections for 1904. 8,486.02
Inheritance tax collections for 1905 46,189.08
Inheritance tax collections for 1906. 51,103.72
Inheritance tax collections for 1907-1908.
438,135.68
Inheritance tax collections for 1909. 91,249.85
Inheritance tax collections for 1910. 133,116.04
Inheritance tax collections for 1911
228,476.85
Inheritance tax collections for 1912
184,701.06
Inheritance tax collections for 1913
141,874.47
Inheritance tax collections for 1914.
323,188.55
Inheritance tax collections for 1915
295,479,47
Inheritance tax collections for 1916.
773,983.55
Inheritance tax collections for 1917 358,330.19
$3,078,289.48
THE BOARD OF STOCK INSPECTION COMMISSIONERS
Every General Assembly since the beginning of statehood, as well as nearly all of the Territorial legislatures, had framed laws upon the subjects of stock inspection and protection. Laws relating to stock generally were passed in 1861, 1862, 1864, 1865, 1866, 1868, 1870, 1872, 1874, 1876, and 1877, and the first effort at a comprehensive system of round-up districts was passed in 1879. In 1881 this was again changed. By 1908 it was found necessary to revise all legislation on this subject, and twenty-eight districts were defined. All laws with reference to round-up districts, obsolete by this time, were repealed in April, 1915.
The laws relating to the state board passed in 1881, 1883 and 1885 were revised in 1903 by the passage of the law creating the Board of Stock Inspection Commissioners, whose powers have been greatly extended by each successive General Assembly. To-day the entire regulation of the live stock industry, the right to establish quarantine, the brand department, the control of abandoned stock, regulation of freight shipments, etc., etc., is in the hands of this board.
The board in 1918 consists of the following: A. E. de Ricqles, Denver; M. J. McMillin, Carlton; W. T. Stevens, Gunnison; A. E. Headlee, Hooper; Sam Gamm, Ramah; Coke Roberds, Hayden; Harry J. Capps, La Veta; R. C. Callen, Silt ; W. C. Harris, Sterling ; E. E. McCrillis, Denver, secretary.
THE STATE BOARD OF HEALTH
The subject of public health, one of the most important matters in the scope of the men who made laws, was the subject of continuous legislation. In the terri- torial days much was left to local officers, but in 1876 the first general law per- taining to the public health was passed by the Legislature. The General Assembly, in 1877, 1878 and 1883, created public health officials and made futile efforts at legislation.
In 1893 the first carefully framed law creating a state board of health and
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defining its duties, was placed on the statute books. From that period on the public health has been practically in the hands of the well organized State Medical and County Medical societies of the state, whose representatives are on the State Board of Health.
From year to year the jurisdiction has extended until now it supervises all maternity hospitals, licenses embalmers, inspects foods and drugs, gathers vital statistics, prosecutes for adulteration, distributes anti-toxin, has power to establish quarantine, controls local boards.
The State Board of Health on January 1, 1918, consisted of Dr. L. G. Crosby, president ; Drs. E. E. Kennedy, A. W. Scott, C. A. Bundsen, A. C. McCain, C. G. Hecker, W. H. Sharpley, F. R. Coffman, C. O. Booth, S. R. McKelvey and John J. Connor.
THE CIVIL SERVICE COMMISSION
The General Assembly passed its first civil service act in 1907, amending it in 1908, and in 1913. While drastic in its provisions, the litigation over its classifi- cations and decisions continued during the first five years of its existence. In 1915 the law was repealed, and an entirely new act passed, which appears to correct mistakes of the previous law. The commission is composed of W. W. Grant, Jr., Anna Wolcott Vaile, Lawrence Lewis and Eleanor F. Young, secretary.
STATE BUREAU OF CHILD AND ANIMAL PROTECTION
The State Bureau of Child and Animal Protection is the successor of the Colorado Humane Society. It was incorporated in 1881 to obtain for children and dumb animals the protection which they could not procure for themselves. For twenty years, from 1881 to 1901, the society existed as a private corporation, whose jurisdiction covered . the state with local officers in various districts. In 1901, by act of the Legislature, the Colorado Humane Society was constituted the State Bureau of Child and Animal Protection. With the exception of the Juve- nile Court laws relating to delinquent children, all laws for the protection of chil- dren and dumb animals were passed at the suggestion of the State Bureau of Child and Animal Protection. Its secretary throughout its notable career has been E. K. Whitehead. The president of the board is E. A. Colburn. Its other members are Frank S. Byers, Frank N. Briggs, Mrs. Elizabeth Cass Goddard, and William Smedley.
STATE BOARD OF CHARITIES AND CORRECTION
The State Board of Charities and Correction was created by the General Assembly in 1891, and its first president was Myron W. Reed. The other mem- bers were W. F. Slocum, J. C. Hay, J. S. Appel, B. F. Johnson and Dennis Sheedy. At that time there were in existence the Colorado State Penitentiary, at Cañon City ; the State Industrial School for Boys, at Golden; the Colorado State Reformatory, at Buena Vista ; the State Home and Industrial School for Girls, at Denver ; the State Insane Asylum, at Pueblo; the Mute and Blind Institute, at Colorado Springs, and the Soldiers' and Sailors' Home, at Monte Vista.
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HISTORY OF COLORADO
The new board was given supervision of these institutions, and was also the State Board of Pardons, but its duties as such were purely advisory. In 1895, at the urgent request of the members, the act creating a distinct Board of Pardons, consisting of four, was passed, thus segregating the work. But the secretary of the Board of Charities and Correction remains secretary of the new Board of Pardons.
In 1895 it was enabled to secure the passage of an act creating a Home for Dependent Children, largely through the efforts of its president, J. Warner Mills. During the presidency of Mrs. Sarah Platt Decker the indeterminate sentence and parole law, advocated for many years, was enacted and became effective in August, 1899.
In 1901 the General Assembly passed an act providing for annual reports to the board of all private charities in the state, and the licensing by the board of all such institutions.
In 1899 Colorado enacted its first juvenile law, providing that "children under sixteen who are vicious, incorrigible or immoral in conduct, or habitual truants from school, or who habitually wander about the streets and public places during school hours or in the night time, having no employment or lawful occupation, shall be deemed disorderly persons, subject to the provisions of the act."
The earliest Juvenile Court laws of Colorado were enacted in 1903. These created the court, giving original jurisdiction to county courts in all criminal cases against minors, and provided for the punishment of persons contributing to the delinquency of children. This last-named provision was the first of its kind to be put upon the statutes of any state in the Union.
Since 1903 these laws have been amplified and made more effective by neces- sary amendment. In 1909 the act penalizing persons responsible for juvenile de- linquency or for neglect was passed.
The creation of these courts was largely the work of the State Board of Charities and Correction. The appointment of probation officers by the court under the law was in fact at this time made subject to the approval of the State Board of Charities and Correction.
Its work has increased greatly with the growth of the state, and the creation of many private, municipal and county institutions, which it inspects, licenses and reports upon.
The members of the board January 1, 1918, were: Mrs. James Williams, president ; Owen F. Beckwith, Dr. Elizabeth Cassidy, Mrs. Sarah J. Walling, Rev. Dr. W. S. Friedman, Rev. William O'Ryan.
Among the state institutions which have been founded since the creation of the board are the State Home for Dependent and Neglected Children, the Indus- trial Workshop for the Adult Blind, and the State Home and Training School for Mental Defectives.
The State Board of Pardons in 1918 consists of the governor, ex-officio, Allan F. Wright, C. J. Morley, Mrs. Martha J. Cranmer, Harry C. Riddle.
STATE BOARD OF CORRECTION
The General Assembly, in 1915, abolished the district boards of control which had been known respectively as the State Board of Lunacy Commissioners and the
ROGRESSIVE
VIEW OF THE INTERIOR OF A NOTED GAMBLING ESTABLISHMENT IN PIONEER DENVER
(Reprodneed from a photographic enlargement of a wood engraving published in Harper's Weekly, New York, March 10, 1866.)
AN INCIDENT IN THE CHINESE RIOT IN DENVER ON OCTOBER 30, 1880-THE FIRE DEPARTMENT DISPERSING A MOB AT THE INTERSECTION OF SIXTEENTH AND WAZEE STREETS
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HISTORY OF COLORADO
Board of Penitentiary Commissioners, and created a State Board of Correction, which now has direct charge of the Colorado Insane Asylum, at Pueblo, the State Penitentiary, at Cañon City, and the Colorado State Reformatory, at Buena Vista. The appointive members are Frank D. Hoag, of Pueblo, Bulkeley Wells of Tel- luride, and Helen L. Grenfell, of Denver. The chief officers of the institutions are ex-officio members.
THE STATE INDUSTRIAL COMMISSION
In 1915 the General Assembly created an Industrial Commission, with powers "to inquire into and supervise the enforcement, as far as respects relations be- tween employer and employe, of the laws relating to child labor, laundries, stores, factory inspection, employment of females, employment offices and bureaus, mining, both coal and metalliferous, fire escapes and means of egress from places of employment, and all other laws protecting the life, health and safety of em- ployes in employments and places of employment."
In 1917 the Workmen's Compensation law was passed, mapped to a large extent on the most advanced legislation of eastern states on this subject, and its enforcement was entrusted to the Industrial Commission
In 1913 a temporary state wage board had been created for the purpose of investigating wages and conditions of labor in the state. W. H. Kistler was ap- pointed chairman, and Mrs. Catherine Van Deusen, secretary. This went out of existence in 1915. At that session a permanent State Wage Board act was passed by the General Assembly, but vetoed by the governor as in his opinion "the act creating the Industrial Commission practically duplicated this work."
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