USA > Colorado > History of the State of Colorado, Volume II > Part 25
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Most of the marks of the great depression in business have disappeared, but the records of the courts showing judgments on money demands long unsatisfied, and the files of the newspapers crowded with notices of sales on executions, tax sales, and those under trust deeds and foreclosures, can testify to much that is forgotten.
Perhaps the most striking monument of the stress of the times, is to be found in the schedules of water rights shown in the filings and decrees of the courts in settling the priorities of such rights, which show that on the streams more or less used for irrigation, before, and at that time and since, the number of canals constructed or enlarged, increased in number more and more in proportion each year, until the year A. D.
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1874, when such work substantially ceased, and a blank interval extends to the year 1878, when the work began once more, and has continued hitherto, with great proportional increase in each year.
The members of the convention were elected, and they assembled when the second season of the "panic" and of the devastation was near its close, and the election for adopting or rejecting their work, was held . on the first day of July, 1876, in the midst of the third season of the locust visitation, and then, and on the first of August, next, when the statehood of Colorado became an accomplished fact, the destruction of every green thing, even to the seed for another year, was going on to certain completion.
Yet no appeal for contributions from abroad was heard from the devastated fields of Colorado, nor did the formation of "Relief Com- mittees" in the States east of us divert the philanthropic activities of their people from their usual course, as in many other cases of calamity befalling other portions of our country.
How the community, especially the dwellers on the thrice desolated ranches, managed to survive that ordeal, is still an unexplained problem. But they did, and never sought relief, preferring to renew the "Grass- hopper mortgages," to calling for succor. They voted for the con- stitution on the first day of July, and burnt an unusual quantity of powder on the Fourth, in honor of the one hundredth anniversary of American Independence, the Union, and "the Centennial State."
A third cause of embarrassment, was the fact that this was the third attempt to attain to State government. Two constitutional con- ventions had previously been elected and convened, at great expense, considering the circumstances, and two constitutions had been prepared and one adopted, which suffered abortion,-the second one being de- feated by a presidential veto, after the election of Senators, and their attendance at Washington several months in reasonable expectation of being admitted to their seats.
These prior constitutions, however, were prepared, not so much for permanent use in the government of a State, as for the purpose of
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securing the admission of the Territory to a place in the American Union.
The convention met with these and other difficulties staring the members and the community in the face. But the people did not appear to be much affected in their determination to launch the ship of State. In this third attempt they had the assurance of admission, by an act of Congress in advance, fixing the conditions to be complied with, and empowering the President to proclaim the admission of the State; and this being so, the convention proceeded with full knowledge of the legal situation present and prospective, to consider the requisites of a constitution adapted to existing and future conditions, as though no difficulties of the kind mentioned then existed.
The hardships of the situation, while they alone could not prevent the accomplishment of so desirable a piece of work, nevertheless added greatly to the perplexities to be encountered, and protracted the work of discussing, considering and arraying the many proposed measures and provisions to which existing circumstances gave rise, which were urged upon the attention of the assembly from every quarter without, as well as those brought forward by the members and committees. But thoroughness was determined on from the beginning.
The members of the convention were Joseph C. Wilson of El Paso, President ; Casimero Barela and George Boyles, both of Las Animas; William E. Beck and Byron L. Carr, both of Boulder; William M. Clark and William H. Cushman, both of Clear Creek ; A. D. Cooper of Fremont; Henry R. Crosby of La Plata; Robert Douglas of El Paso ; Frederick J. Ebert, Clarence P. Elder, and Lewis C. Ellsworth, all of Arapahoe; Willard B. Felton, of Saguache; Jesus Maria Garcia of Las Animas; John S. Hough of Bent; Lafayette Head of Conejos; Daniel Hurd of Arapahoe; William H. James of Lake; William R. Kennedy of Hinsdale; William Lee of Jefferson; Alvin Marsh of Gilpin; Wil- liam H. Meyer of Costilla ; S. J. Plumb of Weld ; George E. Pease of Park; Robert A. Quillian of Huerfano; Lewis C. Rockwell of Gilpin ; Wilbur F. Stone of Pueblo; William C. Stover of Larimer; Henry C.
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Thatcher of Pueblo; Agapito Vijil of Las Animas; William W. Web- ster of Summit; George G. White of Jefferson; Ebenezer T. Wells of Arapahoe; P. P. Wilcox of Douglas; John S. Wheeler of Weld; J. W. Widderfield of Bent; Abram K. Yount of Larimer; H. P. H. Bromwell of Arapahoe,-in all thirty-nine.
The officers of the convention were :
President .- Joseph C. Wilson of El Paso.
Secretary .- W. W. Coulson of Boulder.
Assistant Secretary .- Herbert Stanley of Clear Creek.
Second Assistant Secretary .- H. A. Terpenning of Arapahoe.
Enrolling and Engrossing Clerk .- Fred. J. Stanton of Arapahoe.
Assistant Enrolling and Engrossing Clerk .- W. H. Salisbury of Arapahoe.
Sergeant at Arms .- A. H. Barker of Arapahoe.
Assistant Sergeant at Arms .- R. A. Kirker* of Park.
Door keeper .- Andrew Smidt.
Janitor .- Clay Forbes.
Fireman .- Gavino Pando.
Interpreter .- David Wilkins. (Successor, Dominguez.)
Page .- Robert Freitaz.
An additional page was afterward appointed.
When the convention began its organization, a flurry of politics arose in the election of officers. The usual caucus preliminaries were observed. The call for non-partisan and patriotic devotion to the common weal of the Territory, was loud from both parties on the floor, and the majority deeming what it esteemed proper political opinions and affiliation to be the best evidence of patriotism then obtainable, pro- ceeded to elect its nominated candidates to the several offices, having first, however, conceded the temporary organization to the minority, thereby removing the genial Judge Stone from the arena to the dais, thus weakening the enemy on the floor.
* Resigned. Office abolished. Mr. Kirker elected Postmaster January 5th.
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The contest at first was spirited and " patriotic" on both sides, but gradually slackened, first in animosity, and then in animation, at each stage of the election, until, when the doorkeeper's turn came, the majority nominee was elected by acclamation, on motion of a prominent member of the minority, Mr. Boyles of Las Animas. Thenceforth, until the final adjournment, no spectator could have supposed, from any- thing seen or heard in the assembly or in any outer room, that party pol- itics had ever been so much as dreamed of in the loft of the mansard roof occupied by the convention.
In fact, a leading Democrat had been elected, on the nomination of Judge Stone, to the position of Enrolling and Engrossing Clerk (Mr. F. J. Stanton), an office for which no nomination had been made; and the chairmanship of the first committee appointed by the President,- that of reporting what standing committees ought to be raised,-was awarded to Judge Stone of the minority. The beautiful enrollment of the constitution, now in the State Department of Colorado, is the work of Mr. Stanton,-the duplicate sent to Washington was written by Mr. W. H. Salisbury,-and it is very unlikely that any one of the like instruments there to be found, is its equal in elegance of execution throughout.
The majority in the convention claimed to justify their partisan action, as far as it went, on the ground that the Republican State Central Committee had first met and resolved in favor of a non- partisan election of members of the convention, while the Democratic Central Committee subsequently met and resolved for party nomi- nations. But several members on both sides had opposed party nomi- nations at all times, two of whom were Judge Stone and Judge Pease of the minority, and Judge Beck of the majority spoke and voted in favor of ignoring party considerations in organizing the convention.
President Wilson on taking the chair, spoke as follows :
"GENTLEMEN OF THE CONVENTION :- In assuming the duties of the position to which, through your partiality I have been assigned, I desire to express to you my sincere thanks for the honor that you have conferred upon me.
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"I assure you that not the least of my regrets is, that I do not bring a greater ability to the discharge of the important duties intrusted to me. That I will commit errors I doubt not,-but that they will be willingly and speedily corrected, when informed of them, if within my power to do so,-I solemnly assure you. I therefore ask you to extend to me your patient forbearance and considerate indulgence.
"In the performance of all the duties devolving upon me I shall endeavor to so discharge them as to commend my actions to all, for their impartiality at least, if they may be deficient in wisdom. There perhaps never was a convention similar to your honorable body, convened, to whom were intrusted greater or more delicate responsi- bilities than those which have been intrusted to you. The eyes of not only the people of Colorado are upon this convention, but the whole nation is watching it, with an unusual degree of interest.
" It is no part of my duty to dictate to you in any way, as to the course of action to pursue. I may say, however, that as for myself, no act of mine shall be tainted with the slightest semblance of partisanship or sectional spirit. Here I know no party, but the entire people,-no section, but the whole Territory.
" And now permit me to express the hope, that as we are necessarily compelled to look to the older Commonwealths for many of the guides to aid in the work before us, may the result of our labors be such as to produce a constitution for the Centennial State, which will in all cases hereafter serve as the model for all the people of our country, who may similarly seek an admission into the proud sisterhood of States."
The sentiments uttered by the President touching duty and devotion to the common welfare, to the exclusion of all mere party considerations, met with a hearty response of accord from all the members, and the implied pledge so given was so truly fulfilled, that at no moment there- after was the "slightest semblance of partisanship or sectional spirit " discernible in the deliberations or conclusions of the assembly, or in aught proposed by any member.
But if the convention when organized, found itself without time, opportunity or inclination to rethresh the oft cudgeled sheaves of party politics, the discussion of measures introduced, shortly developed an earnest majority and minority on several very important issues. Some of these were settled in a short time; but others provoked protracted debate, which at times rose to heated and stubborn contention.
Among these were numerous questions concerning corporations, as
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to what should be the liabilities of their stockholders toward persons dealing with the corporation, also toward the State.
The effective control of corporate bodies acting as common car- riers ; for the protection of the community against extortion, unjust discriminations, unreasonable methods, vexatious delays, and the like.
The disposition of the public waters of the State, for purposes of irrigation ; and the power of the State and of the County Boards for the protection of agricultural interests ; and preventing the waters of public streams being seized to the uses of monopoly, to the oppression of the people.
The founding and maintaining of a system of free public schools ; and protection of the public against impositions by officers and combi- nations of publishers and agents, in furnishing, dictating and changing the books to be used.
Protecting the public schools against interference by religious or ecclesiastical sects. Protection of the school funds against being diverted to ecclesiastical uses, by means of grants, loans and the like, or by the distribution of the funds or some part thereof, among schools under any other authority than that of the State.
The taxation of property used in the whole or part for religious, educational or charitable purposes.
The payment of salaries to State and county officers ; and turning over the fees collected, to the State or county treasury, as the case might be.
Restrictions against indebtedness being improvidently contracted by the State, counties, cities, towns, and school districts.
Taxation of the property of non-resident persons or corporations.
Disposition of the school lands as to sale or lease thereof ; and protection of the same from compulsory sale, or sales in the interest of designing parties.
The extension of the right of suffrage to all persons of lawful age without distinction of sex.
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Doubtless no similar convention assembled in this country has included in its membership a greater proportionate number of noble minded and competent persons,-men who never faltered in their task by day or by night, even in those labors which always must of necessity attract no attention outside the walls of the committee room,-and if any member of the body proved himself indifferent or negligent of duty, it was not for want of abundant examples of energy and devotion to the work in hand, on the part of a large majority of his colleagues.
It may be said with equal confidence that no convention assembled in any part of this country, has prepared for its constituents, with equal dispatch, a more comprehensive or better devised instrument of organic law, or one more responsive to the peculiar conditions and complications which beset the situation, whether existing, foreseen or contingent,- always excepting that incomparable work, the Constitution of the United States.
Let it be considered that several conventions assembled about the same time in such long settled and wealthy States as Pennsylvania, Illinois, and others, where all things had been going on in gradual development through the lifetime of successive generations, and that their work as finally presented has been well deemed in each instance a very satisfactory result, in view of the time spent in its accomplish- ment; and yet in the first mentioned State the time so spent was two hundred and fifty-seven days; in the second mentioned, one hundred and twenty-five days; while the members of the Colorado Convention signed their constitution enrolled in duplicate on the eighty-fifth day of the session, and after preparing a necessary ordinance, adjourned on the eighty-sixth day.
What is said above concerning the convention is equally true of the committees to whom the principal articles were assigned, as well as to all others, as far as circumstances permitted, for very few members were on less than three committees each, and many on four, and their work shows to-day the evidence of unremitting care and diligence in every part.
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The adjournment of the convention for some ten days shortly after the appointment of the committees, gave opportunity to such of the chairmen and others as could devote their attention to the work, to prepare matter to be laid before their colleagues or the entire body upon their reassembling,-the committees being scattered as well as the convention.
The articles concerning the three departments of the State gov- ernment were severally assigned to committees composed as follows :
The Legislative Department .- Henry C. Thatcher of Pueblo, Chairman ; William C. Stover of Larimer; Clarence P. Elder of Ara- pahoe ; William H. James of Lake; William H. Meyer of Costilla ; P. P. Wilcox of Douglas; William M. Clark of Clear Creek; George Boyles of Las Animas, and William H. Cushman of Clear Creek.
The Executive Department .- Clarence P. Elder of Arapahoe, Chairman ; John S. Hough of Bent; William H. James of Lake; Lafayette Head of Conejos, and George G. White of Jefferson.
The Judiciary Department .- Wilbur F. Stone of Pueblo, Chair- man ; Ebenezer T. Wells of Arapahoe; William E. Beck of Boulder; Alvin Marsh of Gilpin; Henry C. Thatcher of Pueblo; Lewis C. Rock- well of Gilpin; George G. White of Jefferson; George Boyles of Las Animas; William R. Kennedy of Hinsdale; George E. Pease of Park, and Willard B. Felton of Saguache.
The other committees were :
Bill of Rights .- Alvin Marsh of Gilpin, Chairman ; J. W. Widder- field of Bent; Lafayette Head of Conejos; Lewis C. Ellsworth of Arapahoe ; John S. Wheeler of Weld.
Right of Suffrage and Elections .- William W. Webster of Summit, Chairman ; H. P. H. Bromwell of Arapahoe; Wilbur F. Stone of Pueblo ; William E. Beck of Boulder, and Agapito Vijil of Las Animas.
Impeachment and Removal from Office .- Henry R. Crosby of La Plata, Chairman; George G. White of Jefferson; P. P. Wilcox of Douglas ; William H. Meyer of Costilla; Jesus Maria Garcia of. Las Animas.
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Education and Educational Institutions .- Daniel Hurd of Ara- pahoe, Chairman; Wilbur F. Stone of Pueblo; Byron L. Carr of Boulder; John S. Wheeler of Weld, and Robert Douglas of El Paso.
Public and Private Corporations .- Lewis C. Rockwell of Gilpin, Chairman; A. D. Cooper of Fremont; Lewis C. Ellsworth of Ara- pahoe; Henry C. Thatcher of Pueblo; William W. Webster of Summit ; John S. Wheeler of Weld; William H. Meyer of Costilla; Robert Douglas of El Paso, and Casimero Barela of Las Animas.
Revenue and Finance .- William H. Cushman of Clear Creek, Chairman ; Abram K. Yount of Larimer; John S. Hough of Bent; S. J. Plumb of Weld, and Lewis C. Ellsworth of Arapahoe.
Countics .- George Boyles of Las Animas, Chairman ; William H. James of Lake; William C. Stover of Larimer; Daniel Hurd of Ara- pahoe, and S. J. Plumb of Weld.
Officers and Oaths of Office .- Willard B. Felton of Saguache, Chairman ; Ebenezer T. Wells of Arapahoe; William Lee of Jefferson ; Henry R. Crosby of La Plata, and Robert A. Quillian of Huerfano.
Military Affairs .- Byron L. Carr of Boulder, Chairman ; A. D. Cooper of Fremont, and George E. Pease of Park.
Mines and Mining .- William M. Clark of Clear Creek, Chairman ; William H. James of Lake; William R. Kennedy of Hinsdale; Lewis C. Rockwell of Gilpin; Henry R. Crosby of La Plata; William C. Stover of Larimer ; Frederick J. Ebert of Arapahoe; Byron L. Carr of Boulder, and William W. Webster of Summit.
Accounts and Expenses, Etc .-- Abram K. Yount of Larimer, Chair- man; Frederick J. Ebert of Arapahoe, and Casimero Barela of Las Animas.
State Institutions and Buildings .- Robert Douglas of El Paso, Chairman; Daniel Hurd of Arapahoe; Robert A. Quillian of Huer- fano; William H. Cushman of Clear Creek, and William R. Kennedy of Hinsdale.
Congressional and Legislative Apportionment .- William E. Beck of Boulder, Chairman ; Henry C. Thatcher of Pueblo; Robert A. Quillian
Mym&Beck
,
.
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of Huerfano; Lewis C. Ellsworth of Arapahoe; George G. White of Jefferson ; William H. Meyer of Costilla; George E. Pease of Park ; William R. Kennedy of Hinsdale, and William M. Clark of Clear Creek.
Federal Relations .- P. P. Wilcox of Douglas, Chairman ; George G. White of Jefferson, and Jesus Maria Garcia of Las Animas.
Future Amendments .- George E. Pease of Park, Chairman; Clarence P. Elder of Arapahoe; George Boyles of Las Animas : P. P. Wilcox of Douglas, and Alvin Marsh of Gilpin.
Revision and Adjustments .- Ebenezer T. Wells of Arapahoe, Chairman; H. P. H. Bromwell of Arapahoe; Byron L. Carr of Boulder; William Lee of Jefferson, and Lewis C. Rockwell of Gilpin.
Schedule .- Robert A. Quillian of Huerfano, Chairman; Ebenezer T. Wells of Arapahoe; Wilbur F. Stone of Pueblo ; Alvin Marsh of Gilpin, and Byron L. Carr of Boulder.
Enrolling and Engrossing .- A. D. Cooper of Fremont, Chairman ; Henry R. Crosby of La Plata, and J. W. Widderfield of Bent.
Miscellaneous .- Lafayette Head of Conejos, Chairman ; William E. Beck of Boulder; Jesus Maria Garcia of Las Animas; William Lee of Jefferson, and Clarence P. Elder of Arapahoe.
State, County and Municipal Indebtedness .- H. P. H. Bromwell of Arapahoe, Chairman ; William H. Cushman of Clear Creek; John S. Hough of Bent; Robert Douglas of El Paso, and Abram K. Yount of Larimer.
Forcst Culture .- Frederick J. Ebert of Arapahoe, Chairman ; Wil- lard B. Felton of Saguache, and William C. Stover of Larimer.
If the work of the principal committees was at all times onerous and often discouraging, the most vexatious because the most thankless task, doubtless fell upon the committee charged with the article con- cerning the Judiciary Department. Yet they never faltered in deter- mination, but were laborious and astute in devising and considering plans of every practicable description, and never halted as long as a scrap of benefit could be secured to the judicial system of the State.
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But it is of the nature of that subject that whosoever labors in the task of reducing any proposed system to practical operation, comes sooner or later to learn that no department of public affairs presents such obstacles to the designer. The immense expense which under the most favorable conditions it entails upon the State, the county and the people, is the cause of this. For the officers who may be termed first- class, as judges of the Supreme and Superior Courts, alone outnumber all the executive State officers, and beside these are the judges of inferior and limited jurisdiction,-all officers of the Supreme and other courts, including sheriffs, deputies, bailiffs, referees, clerks and deputies, together with justices and constables, jurors, grand jurors and witnesses, in all the counties ; also prosecuting attorneys and their deputies, all of whom are necessary in carrying on its multitudinous functions, and their compensation requires great outlay. And beside this, is the time consumed by litigants, and much loss by jurors and witnesses in com- pulsory attendance at inconvenient times, as to them. All these causes of expense have always prevented establishing the judiciary upon a sufficiently ample scale to insure prompt administration. Much more is it so of late years, when the increase of business and consequent litigation, and the countless multitude of changing and ill considered laws, con- tinually and greatly outruns the increase of population and of public means.
The report of the Committee on "Bill of Rights" (Mr. Marsh chairman), was the first ready for presentation to the convention, viz., on the 8th of January, and was laid before that body on the tenth day of January, and was under discussion on the fifteenth day of actual sitting of the convention. It was very thoroughly prepared, and contained pro- visions not to be found in any other constitution.
The Committee on the Executive Department (Mr. Elder chair- man) was the first of the three charged with the articles on the Govern- mental Department, to report. The chairman during the recess of the convention had devoted to that particular subject the same ceaseless attention and sagacity which he had bestowed on the entire work, from
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the time of the election of the members, and his committee was able to present a draft of the Executive Article on the ninth day after the reas- sembling of the convention, the 14th of January, and it was under discussion on the 17th of January.
The committees on the other two departments of course could not possibly and profitably proceed so rapidly, for their several tasks involved a greater multiplicity of diverse matters, many of which were the subjects of widely different views, both in the convention and among the people throughout the Territory.
The report of the Committee on Forest Culture (Mr. Ebert chair- man), and that of the Committee on State Institutions and Buildings (Mr. Douglas) came in shortly after, followed by the report on State, County and Municipal Indebtedness (Bromwell) on the 28th of January, and the report of the Committee on the Legislative Department was then before the convention, and with others on their career of transmi- gration through committee of the whole, the convention itself, and back again to the proper committee and so on to the end, as further deliber- ation brought out the necessity of further provisions and amendments.
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